Agenda 02-10-09
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~;~~<tY~T8~ICRA
ill East Side-West Side-Seaside Renaissance
If any person decides to appeal any decision made by tbe Board with respect to any matter considered at this meeting, he or she will
need a record of tbe proceedings, and tbat, for such purpose, he or she may need to ensure tbat a verbatim record of tbe proceedings
is made, which record includes tbe testimony and evidence upon which tbe appeal is to be based.
CRA Board Meeting
Tuesday, February 10, 2009 6:30 PM
City Commission Chambers
100 E. Boynton Beach Blvd
Boynton Beach, FL 33435
I. Call to Order - Chairman Jerry Taylor
II. Pledge to the Flag and Invocation
III. Roll Call
IV. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
V. Announcements & Awards:
A. Oceanfront Concert Series - CRICKLEWOOD - February 20, 2009 from
6:00 PM to 9:00 PM
VI. Consent Agenda:
A. Approval of Minutes - CRA Board Meeting January 13,2009
B. Approval of Minutes - CRA Board Special Meeting January 20,2009
C. Approval of Minutes - CRA Board Special Meeting January 26,2009
D. Approval of Period-Ended January 31, 2008 Financial Report
E. Administrative Policy Manual (Tabled January 13,2009)
XII. New Business:
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
A. Consideration of Rescission of Contract with Native Technologies
B. Consideration of Issuing RFP for Maintenance of Mangrove Mitigation Area at
Jaycee Park
C. Consideration of Graffiti Art Project
Future Agenda Items
Comments by Staff
Comments by Executive Director
Comments by CRA Board Attorney
Comments by CRA Board
Adjournment
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ilIIi East Side-West Side- sleaSide Renaissanc~
If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will
need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based.
CRA Board Meeting
Tuesday, February 10,20096:30 PM
City Commission Chambers
100 E. Boynton Beach Blvd
Boynton Beach, FL 33435
I. Call to Order - Chairman Jerry Taylor
II. Pledge to the Flag and Invocation
III. Roll Call
IV. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
V. Announcements & Awards:
A. Oceanfront Concert Series - CRICKLEWOOD - February 20, 2009 from
6:00 PM to 9:00 PM
VI. Consent Agenda:
A. Approval of Minutes - CRA Board Meeting January 13,2009
B. Approval of Minutes - CRA Board Special Meeting January 20,2009
C. Approval of Minutes - CRA Board Special Meeting January 26,2009
D. Approval of Period-Ended January 31, 2008 Financial Report
E. Administrative Policy Manual (Tabled January 13,2009)
F, Approval to Rescind Work Order #07013.1 with Hedrick Brothers ConstruCtlOIL
Inc for Value Engineering Services at 211 E. Ocean Avenue
G. Approval ofa Commercial Fayade Grant in the Amount of$15,000 to Woolbright
Development Inc for the Property Located at 1625 South Federal Highway
VII. Information Only
A. CRA Policing Activity Report for the Month of January, 2009 and
District Statistics for the Months of December. 2008 and January. 2009
B. Boynton Beach CRA and Trolley Website Updates
C. Planning and Development Board Meeting Agenda - January 27. 2009
VIII. Pulled Consent Agenda Items:
IX. Public Comments: (Note: comments are limited to 3 minutes in duration)
X. Public Hearing:
Old Business:
New Business:
XI. Old Business:
A. Audit Independence and Selection
B. Discussion and Consideration of Audit Finding - Segregation of Duties
C. Discussion and Consideration of Audit Finding - Marina Operations: Fuel Sales
D. Discussion and Consideration of Audit Finding - Police-Related Expenditures
E. Presentation of Economic Development Report and Database
F. Update on Homebuyers Assistance Program, Residential Improvement Program
and Commercial Fayade Grant Program
G. Consideration of Second Amendment to 4th Street Project
H. Consideration of MLK Third Party Financial Verification
XII. New Business:
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
A. Consideration of Rescission of Contract with Native Technologies
B. Consideration of Issuing RFP for Maintenance of Mangrove Mitigation Area at
Jaycee Park
C. Consideration of Graffiti Art Project
Future Agenda Items
Comments by Staff
Comments by Executive Director
Comments by CRA Board Attorney
Comments by CRA Board
Adjournment
~~~ctY~T2~~CRA
Ii East Side- West Side-Seaside Rena"lssane.
t~
eRA BOARD MEETING OF: February 10,2009
II Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: OCEANFRONT CONCERT - Friday, February 20, 2009
SUMMARY:
. Oceanfront Concert - Friday, February 20, 2009 - FREE Event
. Presented by the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post.
. Featuring Cricklewood performing a popular mix of Oldies, Rock n Roll and Disco.
. 6:00 PM - 9:00 PM at Oceanfront Park located at 6415 N. Ocean Blvd, Ocean Ridge.
. Food and Drink vendors available.
. Please bring your folding chairs.
. Park and ride the shuttle from the Bank of America on the corner of US 1 and East Ocean
Avenue, shuttle runs from 5:30 PM - 9:30 PM.
. Next Oceanfront Concert on March 20,2009.
FISCAL IMPACT: N/A
RECOMMENDATIONS: N/A
~~
Kathy Biscu' i
Special Events Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Oceanfront Concert Series.doc
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OCEANfKONT CONCEKT 5EKIE5
F rida~ F ebruar~ 20, 2009 6:00- 9:00 FM
Frida~ March 20, 2009 6:00- 9:00 FM
F rida~ April 17, 2009 6:00 - 9:00 FM
Frida~ Ma~ 15,2009 6:00- 9:00 FM
)
5ring the Entire F amil,y... FREE CONCERTS
Oceanfront F ark. - 6+ 15 N. Ocean f)lvd.
On AI A,just North of Ocean Avenue bridge. f ark and R.ide on the
tree shuttle - park at 5ank of America on the corner of Last Ocean
Avenue and Federal Highwa~. Shuttle runs trom 5:)0 f'M to 9:)0 f'M.
5ring ~our folding chairs and prepare to dance the night awa~!
Food & Drink vendors available. flease leave pets at home!
Forlntormationcall: ;61-7+2-62+6 or7j7-j2;6
www.bo~ntonbeachcra.com
'!!'N~2lRA
1111 East Side-West Side-Seaside Renaissance
...... -." ..
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The Palm Beach Post
PalmBeachPost.com
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING
HELD ON TUESDAY, JANUARY 13, 2009
AT 6:30 P.M. IN CITY COMMSSION CHAMBERS,
BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor! Chair
Jose Rodriguez! Vice Chair
Woodrow L. Hay
Marlene Ross
Ron Weiland
Lisa Bright! Executive Director
James Cherof! Board Attorney
I. Call to Order - Chair Jerry Taylor
Chair Taylor called the meeting to order at 6:30 p.m.
II. Pledge to the Flag and Invocation
Mr. Hay offered the invocation followed by the Pledge of Allegiance to the Flag.
III. Roll Call
The Recording Secretary called the roll! and a quorum was present.
IV. Agenda Approval:
A. Additions! Deletions! Corrections to the Agenda
Mr. Hay requested Item A. "Presentation of Audited Financial Statements for FY 2007-
2008/ under XII. New Business be addressed by 7:30 p.m. Chair Taylor suggested the
item be heard at 7:30 p.m. or sooner.
Mr. Weiland noted! if Item XII. A. were to be moved up! he wished to pull Item G!
"Approval of Piggy-backing on Agreement between Delray Beach CRA and PMG
Associates to Conduct Project Development! Financial and Real Estate Market Analysis"
under VI. Consent Agenda! to XII. New Business. Chair Taylor suggested Item G be
placed under New Business as Item F.
Lisa Bright! Executive Director! questioned whether Item G on the Consent Agenda
should be discussed under XI. Old Business.
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach,FL
January 13, 2009
Attorney Cherof believed Ms. Bright was also stating it should be considered together
with the Master Development Agreement. Chair Taylor suggested Item G. be discussed
in conjunction with Item XI.
Chair Taylor pulled Item C, "Approval of Updated Administrative Policy Manual," under
VI. Consent Agenda, as Attorney Cherof desired to discuss this further with staff.
Ms. Ross pulled for discussion Item E, "Approval of Sponsoring the Palm Beach County
Business Development Board's 2009 Familiarization Program (FAM)," under VI. Consent
Agenda.
B. Adoption of Agenda
Motion
Mr. Hay moved to approve the agenda as amended. Vice Chair Rodriguez seconded the
motion that passed unanimously.
V. Announcements & Awards
A. Oceanfront Concert Series - January 16, 2009 from 6:00 p.m. to 9:00
p.m.
Kathy Biscuiti, Special Events Director, announced the first Oceanfront Concert would
be held at Oceanfront Park, and would feature the R&B music of Tony and Total/
Kontrol. Parking was accessible at Bank of America, with continuous shuttle service
provided. Food and beverages would be available. She encouraged everyone to
attend.
VI. Consent Agenda:
A. Approval of Minutes - CRA Board Meeting, December 9, 2008
B. Approval of Period-Ended December 31, 2008 Financial Report
Vice Chair Rodriguez pulled this item for discussion.
C. Approval of Updated Administrative Policy Manual
Chair Taylor pulled Item C, as Attorney Cherof wished to further discuss this item with
staff. He requested the item be tabled at the Consent Agenda portion of the meeting.
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
D. Approval of Updated Procurement Policy
Vice Chair Rodriguez pulled this item for discussion.
E. Approval of Sponsoring the Palm Beach County Business Development
Board's 2009 Familiarization Program (FAM)
Ms. Ross pulled Item E for discussion.
F. Approval of Listing Agreement with Prakas Brothers for the Sale of the
Alcoholic Beverage License Owned by the CRA
G. Approval of Piggy-backing on Agreement between Delray Beach CRA and
PMG Associates to Conduct Project Development, Financial and Real
Estate Market Analysis
Mr. Weiland pulled this item to be placed under XII. New Business as Item F.
H. Approval of the Amendment/Authorization to Proceed for Work Order
#07-124.6710 in the amount of $9,900 with MCSW, Inc. for the
Production of Marina Slip Renovation Construction Drawings
I. Approval of Funding up to $21,000 from the Homebuyers Assistance
program to Kyza Green
Motion
Ms. Ross moved to approve the Consent Agenda, with the exception of the items
pulled. Mr. Hay seconded the motion that passed unanimously.
VIII. Pulled Consent Agenda Items: (Taken out of order)
B. Approval of Period-Ended December 31, 2008 Financial Report
Vice Chair Rodriguez inquired as to the funds unencumbered for the Homebuyers'
Assistance Program (HAP) line item.
Susan Harris, Finance Director, noted of the $300,000 from bond #2 proceeds for the
Homebuyers' Assistance Program (HAP) in this year's budget, $100,000 had been
encumbered. She believed there was an item on the Consent Agenda that would be
encumbered as well. Approximately $175,000 remained available.
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, Z009
Mr. Weiland inquired whether the $400,000 designated for RTG Construction, Inc. had
been approved. Ms. Harris responded it had been approved in the budget process. Ms.
Bright noted the expenditure had been approved by the Board prior to the budget, and
was formally approved during the budget process. While this item was also budgeted
for the Homebuyers' Assistance Program (HAP), some monies were designated
specifically for RTG. Other Board-approved homeowners' assistance funds would be
allocated from the proceeds remaining from bond #2.
Motion
Vice Chair Rodriguez moved approval. Mr. Hay seconded the motion that passed
unanimously.
C. Approval of Updated Administrative Policy Manual
Chair Taylor noted Attorney Cherof wished to work with staff to make minor revisions to
the document, which would subsequently be brought back before the Board. He
requested a motion to table.
Motion
Vice Chair Rodriguez moved to table. Mr. Hay seconded the motion that passed
unanimously.
D. Approval of Updated Procurement Policy
Vice Chair Rodriguez inquired as to the previous dollar amount that could be approved
by the Executive Director prior to the $25,000 procurement baseline. Ms. Harris
responded any purchase under $10,000 could be approved by the Executive Director.
The review of the policy had been part of the extensive process when all of the
administrative and financial procedures were reviewed for the 2008 audit. Staff was
aware the approval levels were outdated. Ms. Harris reviewed other CRA approval
levels and conferred with the CRA's auditor. It had been determined that the CRA
mirrored the City's approval level. In line with the previous policy and the growth in the
CRA, the approval levels were required to be updated.
Vice Chair Rodriguez asserted he was not comfortable increasing the approval level
from $10,000 to $25,000. It was noted that while the City Manager was authorized to
approve any purchase under $25,000, he provided a report of the items procured for
the Board's review as part of the Consent Agenda. Vice Chair Rodriguez inquired
whether it was the Board's desire for the Executive Director to provide a report as well.
Chair Taylor and Mr. Hay concurred.
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
Motion
Vice Chair Rodriguez moved the Board approve this purchasing policy, with the addition
that a monthly report be provided to this Board by the Executive Director outlining all
those expenditures under $25,000. Mr. Weiland seconded the motion that passed
unanimously.
E. Approval of Sponsoring the Palm Beach County Business Development
Board's 2009 Familiarization Program (FAM)
Ms. Ross noted she was pleased the CRA and the City were sharing the expense for the
$2,000 sponsorship. She inquired whether CRA Board members were involved or
whether this pertained to staff participation. Ms. Bright explained the CRA had been
approached by the City Commission, through the City Manager, to split the cost of the
$5,000 membership ($2,500 to be paid by both the CRA and the City). Splitting the
cost allowed for the participation of the City Manager and two Commissioners.
Membership was key to the CRA as an economic development engine.
Vice Chair Rodriguez pointed out the event was not included within the membership
previously approved by the Board and inquired whether this item had been budgeted.
It was noted the item had not been budgeted and funds would be required to be
allocated from contingency.
Chair Taylor noted staff was recommending the Board sponsor the event at a cost of
$1,000 and requesting the City contribute the remaining $1,000.
Ms. Ross questioned the resolution included with the meeting materials which had been
adopted by the previous CRA Board on November 14, 2006. Ms. Bright noted the
resolution had been included in error.
Vice Chair Rodriguez believed the sponsorship benefits for the event were wonderful,
but did not feel the event was necessary. He felt the dollars could be put to better use.
Ms. Bright pointed out that while the CRA had membership in the County Business
Development Board, staff did not serve on the Board. Opportunities for CRA
participation were always in addition to the membership and corresponded to the CRA's
mission. Vice Chair Rodriguez felt the issue should be discussed during the budget
process.
Chair Taylor noted the Board's sponsorship could be approved at this meeting, and a
request could be made to the City Commission for its share.
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
Mr. Hay requested the two Commissioners designated be identified. Ms. Bright believed
Chair Taylor had been asked by Glenn Jergensen to participate in the opening
reception. Chair Taylor commented he had he been invited, along with Commissioner
Ross and Vice Chair Rodriguez, but any CRA Board member wishing to attend could do
so. Ms. Ross added she was hopeful this issue could be resolved. Chair Taylor believed
it was important for the CRA to participate in the sponsorship and to have
representation at the event.
Motion
Vice Chair Rodriguez moved to deny. Mr. Weiland seconded the motion for purposes of
further discussion.
Mr. Weiland articulated in addition to the event, support was requested by the Boynton
Woman's Club and Boynton Chamber of Commerce Dinner Dance. He expressed
concern for the City as well as the CRA. Previous discussions for funding included the
Heart of Boynton and Heritage Celebration. While he believed the event was
worthwhile, he could not support the expenditure.
Chair Taylor believed it was important to maintain active membership in the County
Business Development Board and participate in the event, as economic development
was crucial to the City and CRA.
Ms. Ross also believed economic development was important to the CRA and the City.
The sum of $1,000 would be coming from the CRA budget's contingency line item, and
a request would be made for the remaining $1,000 to the City Commission.
Vote
The motion to deny failed 3-2 (Chair Tay/ot; Ms. Ross and Mr. Hay dissenting).
Motion
Ms. Ross moved to approve. Mr. Hay seconded the motion that passed 3-2 (Wee Chair
Rodriguez and Mr. Weiland dissenting).
VII. Information Only
A. CRA Policing Activity Report for the Months of November and December,
2008 and District Statistics for the Months of November and December,
2008
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
B. Boynton Beach CRA and Trolley Website Updates
C. Planning and Development Board Meeting Agenda - December 12, 2008
D. Boynton Beach Named Best Practice in South Florida Workforce Housing
Needs Assessment
In response to Ms. Ross' inquiry, Ms. Bright noted this was the second time flU
Metropolitan Center had recognized the City and the CRA for the integrated Workforce
Housing Program.
E. Hold High School Transfer
F. Agreements with DSS Restaurant Management to Provide Dumpster,
Restroom and Electrical Services to the CRA's Boynton Harbor Marina
IX. Public Comments: (Note: comments are limited to 3 minutes in
duration)
Chair Taylor opened the public comments. No one came forward, and Chair Taylor
closed the public comments.
X. Public Hearing:
Old Business:
New Business:
IX. Old Business:
Chair Taylor inquired whether the Board wished to discuss Item XII. G., "Approval of
Piggy-backing on Agreement between Delray Beach CRA and PMG Associates to
Conduct Project Development, Financial and Real Estate Market Analysis" ahead of Item
A. "Consideration of Master Development Agreement with Auburn Development." Mr.
Weiland suggested the Board discuss Item G. on the backside of the Master
Development Agreement. Vice Chair Rodriquez supported the suggestion, which should
be followed by the financials.
7
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13,2009
A. Consideration of Master Development Agreement with Auburn
Development
Nancy Chandler, 914 NE ih Street, advised the Inlet Cove Association (INCA) had
been approached by the Auburn Group to meet regarding the development. INCA's
president sent an email to Tom Hinners, of the Auburn Group, advising that it would not
be possible for Auburn to make a presentation to INCA prior to this CRA meeting, and
invited Auburn to attend INCA's general meeting at 6:00 p.m. on February 11, 2009 at
the Intracoastal Park Clubhouse. Inlet Cove Association (INCA) believed it was prudent
for the City to request an independent third-party review of Auburn's financial records
Herb Suss, 1711 Wood Fern Drive, inquired whether David Katz was currently a
lobbyist for Auburn. Chair Taylor noted paperwork indicated Mr. Katz currently served
as a lobbyist for Auburn. Mr. Suss did not believe a six-month delay of the agreement
was of major concern. In light of the current political climate and the "cloud" over West
Palm Beach and Delray Beach, he believed Auburn's financial records should be
obtained.
Brian Edwards, 629 NE 9th Avenue, felt the CRA and the City had always encouraged
developers to be proactive in meeting with the communities. He looked forward to the
development of the Heart of Boynton, but favored height limitations.
Buck Buchanan, 807 Ocean Inlet Drive, advised his major concern was the structure
of the contract under consideration, as it did not appear to be a typical development
contract. Guarantees to the developer would encumber CRA Tax Increment Financing
(TIF) revenues and halt other redevelopment. The contract should be in standard form
to generate additional redevelopment and Tax Increment Financing (TIF) revenues.
Cito Berguirstain, Auburn Group, advised Auburn had worked with CRA staff to
address protections for the CRA, including the review of Auburn's financials, phases
addressing zoning and height regulations, and whether the CRA had adequate funding
for the project.
Mr. Weiland disclosed he met with the developer yesterday.
Mr. Berguirstain reviewed sections of the Master Development Agreement pertaining to
CRA protections.
Section 7: If the CRA did not have the funds for Phase 3 or Phase 4, neither phase
would go forward. The phases would be developed in order.
8
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
Section 24: The CRA's obligation to provide any funds would be contingent upon
Auburn providing a tax-based statement representing Auburn's financial condition. The
CRA would have the sole discretion of determining whether Auburn had the financial
ability to commence and complete the phase for which funding was requested. If not,
the CRA could terminate the agreement by providing notice of termination within 15
days of receipt of the financial statement. Within 45 days, Auburn would convey to the
CRA all the land for the project it previously acquired.
Section 18: For Phase 1, Auburn could request the CRA to advance up to $1.5 million
from the funds designated for Phase 2, which would reduce the funds available for
Phase 2 by the same amount. If requested for Phase 1, the funds would be paid at the
time the developer closed on its Phase 1 construction financing. The CRA would never
be required to provide funding or land without a firm bank commitment.
Phase 2: One hundred sixty affordable senior rental units would be built, to include a
4,500 square foot satellite senior center. Benefits to the CRA included increased
development and taxes, leveraging CRA investment with the private sector, removal of
blight, increased crime prevention and a cornerstone to the Downtown Plan. Auburn
was requesting $1,920,000 for an infrastructure loan and $300,000 for demolition.
Section 24.1: Phase 2 was intended to be a housing credit senior community of up to
160 apartments and a senior center. If Auburn was unable to obtain an award of
housing credits from the Florida Housing Finance Corporation by December 31, 2012,
the CRA would have the option of terminating the agreement by providing written
notice.
Auburn could not delay the construction of the grocery store for six months because the
application for State funding for the affordable rental housing could only be made once
a year. It was crucial the grocery store be constructed in time to file the application by
March of next year. The CRA could terminate the agreement by providing written
notice to Auburn. After 45 days of receipt of the notice, Auburn would convey to the
CRA all the land in the project it acquired, with marketable title, free and clear of any
encumbrances. At the time of the conveyance, the CRA would pay Auburn the amount
Auburn paid for the land, less any CRA contributions, and all obligations would cease.
Section 19.1: The CRA would not convey anything to Auburn until Auburn provided
notice of a closing on construction financing. After Auburn closed, the City or CRA
would convey to Auburn the Phase 2 land acquired by the City or CRA after the
effective date of the agreement for the price of $10, with marketable title in accordance
with Florida Statutes, free of encumbrances. The CRA would pay Auburn up to
$1,920,000, less any monies expended by the CRA for the acquisition of land. If
Auburn received $2 million in grant funds from another governmental agency, the CRA
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13,2009
would not be required to make any contribution. Funding received by Auburn that had
to be repaid would not take the place of a grant provided by the CRA.
Phase 3: Two hundred thirty-seven single-family townhouses and condominiums would
be created with 25% workforce units and a central "green" area. The CRA's tax base
would increase.
Section 20.1: The CRA would not provide any money to Auburn until Auburn had
secured and closed on its construction financing, and the CRA would have 45 days to
review Auburn's financials.
Phase 4: The value created by the construction of the condominiums, townhouses,
and retail space would increase Tax Increment Financing (TIF) revenues. Auburn was
proposing 200 public parking spaces and 20% workforce housing. The sum of $13
million would be required by the CRA for this phase after Auburn's delivery of affordable
homes. The CRA would receive additional protection from this phase.
Section 21.2: The two buildings on the west side of Phase 4 would consist of two or
three floors of structured parking and five or six stories of residential units above the
parking structures, with no more than a total of eight stories. Construction would not
commence on the parking structures until Auburn had completed Phase 1 and Phase 2,
acquired all Phase 4 parcels and sold 75% of the Phase 3 units to third-party buyers.
Auburn would construct, at its expense, all residential units above the parking
structures.
Section 21.2: The CRA would not provide any funding to Auburn until the bank
commitments had been received.
Section 21.3: CRA funding for Phase 4 was contingent upon bond financing approval in
a bond validation proceeding. If bond financing was not permitted for the parking
garages, the loan contemplated for the parking garages would be designated for the
construction of the workforce housing units. Auburn would like to bond validate that
the development include 200 parking spaces and 20% workforce units. A reference
should also be made to a possible park designated as a potential customer
transportation spot. These two items would require language revisions.
Vice Chair Rodriguez inquired whether Inlet Cove Association (INCA) and other
organizations would have ample opportunity to provide input on the site plan. Mr.
Berguirstain responded affirmatively, as the site plan process would likely require four
or five years to complete. Auburn would work closely with the Inlet Cove Association
(INCA) as well as other neighborhood organizations.
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13,2009
Chair Taylor inquired whether a tenant had been recruited for the grocery store, as
there had been some concern as to who would be responsible for securing the tenants
for the retail operation. Mr. Berguirstain emphasized this would be Auburn's
responsibility .
Mr. Hay pointed out staff had discussed the difference in Tax Increment Financing (TIF)
revenues between a major store and a "Mom and Pop" operation. He requested the
status of this item.
Vivian Brooks, Assistant Director, noted the City and CRA staff met with Auburn and a
commercial developer regarding a joint venture possibility. The developer introduced to
the CRA a site selection person for a national grocery store chain interested in the site.
Staff felt it might be a good opportunity for the City, CRA, Auburn and the community
to create a 60,000 square-foot retail development with a 20,000-30,000 square-foot
grocery store anchor and other ancillary retail. It was Ms. Brooks' understanding there
would be discussions between Auburn and the commercial developer as to how that
might be structured and the expectations of the return on investment. She did not
believe there had been any further communication between Auburn and the commercial
developer to date. Mr. Berguirstain advised Auburn had not had any further
discussions, but believed there was serious interest in the project.
Ms. Brooks pointed out, when dealing with grocery store chains, the site selection
process was more stringent and did not proceed quickly. The grocery store chain
representatives were interested in the demographics reflected in the analysis, a low-to-
moderate-income neighborhood. The site selection process, however, would not
correspond to the timeline sought by Auburn for the 2009 tax credit financing, nor was
the funding guaranteed.
Ms. Brooks noted the commercial developer's location of choice was MLK and Seacrest
Boulevards, a major intersection with excellent visibility. Consideration had also been
given to creating a retail node by building on both sides of the intersection.
Mr. Berguirstain advised the phasing order had been changed to reflect the grocery
store as Phase 1 and the senior rental community as Phase 2, as Auburn could not win
the tax credits for the senior rental community without building the grocery store first.
Ms. Bright pointed out if an aggressive stand was not taken to develop a grocery store
within the next 12 months, Auburn would not make the universal cycle next year for the
tax credits for a senior rental community.
Vice Chair Rodriguez inquired whether there had been any studies to determine how
much retail space could be sustained in the area. Mr. Berguirstain noted opinions
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
varied, indicating retail space ranging from 6,000 to 20,000 square feet could be
effectively managed.
In response to Ms. Ross's inquiry, Mr. Berguirstain articulated the bank commitment
letters circulated to the Board were for the Villages at Delray. Ms. Ross inquired as to
the status of Auburn with the Delray Housing Authority. Mr. Berguirstain responded
Auburn was honoring its Master Development Agreement with the Delray Housing
Authority and would move forward with the development.
Mr. Hay inquired whether the senior rental community was required to be built on a
parcel contiguous to the hotel or high-rise on Federal Highway. Section 5 of the
agreement required both the first phase, planned for a gated senior rental community,
and the fourth phase, planned for condominium buildings, had to be built on contiguous
parcels. Mr. Berguirstain explained the language meant the lots for the senior rental
and the condominium communities were to be built on contiguous parcels.
Attorney Cherof provided his revised comments on the Master Development Agreement
to Susan Motley, attorney for the developers, staff and to the Board. As the document
was a tri-party agreement, it would have to be addressed and formally approved by the
City Commission. His comments were not business points, as the CRA and City staff
could advise the Board on those points. Attorney Cherof opined the agreement was
consistent with the direction proVided by the CRA Board to date, and in response to the
presentations made by the Executive Director outlining specific points of the agreement
on which she requested policy direction.
Attorney Cherof's comments reflected in the revised document dealt with the language
and use of language, as well as the structure of the document itself, with two
exceptions. In Section 8, dealing with the CRA and City land, Attorney Cherof added
language to provide conveyances would contain the customary clause previously used
at the City level, which ensured the properties were used for the purposes intended and
were consistent with the goals of the CRA. In Section 11, Land Use, the developer had
included a provision indicating the City, in its administrative review of the land use and
zoning approvals, would try to accomplish that task by June 1, 2009. In conferring with
City staff, he included in the section that the applications required to be made by the
developer to obtain the appropriate land use and zoning designations would be made
within 30 days of approval of the agreement. Attorney Cherof would defer to City staff
and Auburn regarding the timeframe.
Attorney Cherof reiterated the balance of the agreement was consistent with the
direction provided by the CRA Board to date. City staff was continuing to review the
agreement and would have additional administrative comments. He believed the City
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Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
Manager would address the business points either at this meeting or when the matter
was addressed at the City Commission level.
Attorney Cherof was in accord with the revised agreement in its current state, which
was sent out at the end of last week and included his comments which were reflected
as red-lined changes. He also believed the agreement was the best the Board could
expect at this stage of the redevelopment project because there were no specifics.
In addressing a business point in the agreement, Mr. Berguirstain noted Auburn
suggested it would reduce the overall financial requirement of the CRA for any grants
received from a third party. Any loans received from a bank which had to be repaid
would not reduce the CRA's financial requirement.
Chair Taylor inquired whether Mr. Berguirstain was in agreement with Attorney Cherofs
comments and revisions to the basic agreement. Mr. Berguirstain replied in the
affirmative, but reiterated it would be necessary for Attorney Michael Weiner to review
the agreement from the land use perspective. Attorney Susan Motley might have
comments, but they would likely not be business-point related.
Kurt Bressner, City Manager, advised he was filling in for Quintus Greene,
Development Director. One of the major concerns of City staff was that the CRA and
the City had the financial wherewithal to complete the terms of the agreement as
contemplated. While he understood Auburn's comments that the agreement could be
modified or terminated at any time, he still believed assurance of the City and CRA's
funding ability was necessary. The projections provided three years ago for the CRA's
tax increments for the next five to seven years would likely not bear out. He had not
seen a re-verification of the figures to determine the ability of the City and CRA to meet
the contractual financial obligations set forth in the agreement.
Mr. Weiland questioned whether the Strand Decision would enhance the City and CRA's
future bonding ability. Mr. Bressner agreed the Strand Decision helped, but it was
imperative the City and CRA had the ability to bond or borrow additional monies under
the Strand Decision.
As to speCifics and business terms of the agreement, while Mr. Bressner appreciated
Auburn's comments concerning the senior center, the City sought absolute verification
that neither the City nor the eRA would bear any operation and maintenance expenses
for that facility. Mr. Bressner felt the satellite senior center was a duplicate of the
existing facility built by the City for all of its citizens. City staff sought further dialogue
with Auburn on this issue. In the event it was determined the senior center was an
integral part of the agreement and was absolutely necessary, any financial obligations
for the long-term operation and maintenance of that facility should be borne by the
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
private sector. Attorney Cherof noted the agreement did not specifically address the
maintenance issue for the senior center. Mr. Berguirstain noted Auburn would agree to
pay for all expenses for maintenance and staff for the center for 50 years.
Mr. Bressner noted Section 20.2 made reference to the CRA paying a maximum of $1
million to the City for streetscape improvements under Phase 3. If the City was going
to design and construct the streetscape improvements, Mr. Bressner believed the City
should be reimbursed for the cost of the improvement, and the exact figure should be
included in the agreement. Attorney Cherof noted language could be revised so that an
agreed-upon amount could be negotiated by the CRA and the City at a later date. Mr.
Berguirstain had no objection to the suggested revision.
(Mr. Weiland left the dais at 8:09 p.m. and returned at 8: 12 p.m.)
Mr. Bressner referred to Section 21.1 regarding the demolition grant of $150,000 and
was uncertain as to the manner in which the $150,000 would be covered and whether it
would be adequate. Mr. Bressner requested verification of any financial obligations of
the City.
Attorney Cherof suggested if the demolition costs exceeded $150,000, language could
be added to address whether the CRA or the developer would make up the difference.
Vice Chair Rodriguez believed if the costs were below $150,000, the developer should
receive a credit, and if the costs exceeded $150,000, the developer should pay the
difference.
Mr. Bressner was pleased to observe the addition of language requiring a bond
validation proceeding.
Ms. Bright commented the CRA had previously provided policy direction and on
December 9, 2008, she stressed that with the reversal of the Strand Decision, bond
financing was a policy decision for the Board. The CRA never sought bond
advancements. Projects had typically been funded by Tax Increment Financing (TIF)
agreements predicated upon excellent financial and construction backing. She believed
there might not be a need for the CRA to advance a $13 million bond for Phase 4 in the
event financing was not available for the construction of the garage. Ms. Bright did not
have the ability at this time to calculate the exit costs. Other than that, she believed
the agreement reflected the Board's previous direction.
Mr. Hay made it clear that if Auburn did not work with the Inlet Cove Association
(INCA) and other involved neighborhood associations, he would not lend his support for
the project. He requested references to "the parties" be clarified. In many instances
property owners in the area would not sell to Auburn. Mr. Hay questioned what Mr.
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
Berguirstain believed would be a worst-case scenario. Mr. Berguirstain replied the
majority of the properties were under contract or had an understanding that if the CRA
entered into an agreement with Auburn, an agreed-upon price would be determined.
The units for Phase 1 and Phase 2 were already under contract, as was a large portion
of Phase 3.
Mr. Hay requested clarification on the phrase, "substantially complete" as particularly,
used in the section on "Phased Development." Attorney Cherof noted he would provide
a definition. The phrase, while vague, was used often in construction contracts when
Certificates of Occupancy were ready to be issued and all Building Department reviews
had been completed. "Phased Development" also referred to the taxing power of the
CRA. Mr. Hay pointed out the CRA did not have taxing power. Attorney Cherof noted
that clause had been deleted.
Mr. Hay inquired whether Auburn would move the development south in the event
Auburn could not acquire the property going north on Federal Highway. Mr.
Berguirstain noted if approval from the Florida East Coast Railway (FEe) could not be
secured for a bridge connecting the buildings on Federal Highway to the buildings on
the west side of the railroad tracks, the phases would still be constructed. Site plan
approval would be required.
Mr. Hay requested clarification regarding the renovation of the exterior of St. Paul's
AME Church. Mr. Berguirstain noted Auburn felt it would be inappropriate to tear down
the lOO-year-old building. Input received from the community, indicated an interest in
the enhancement of the Church's appearance. Auburn believed the building had
historical significance and was relevant to the people residing in the area.
With regard to streetscape improvements, Mr. Hay believed it was the City, and not the
CRA, that would be required to substantially complete the streetscape improvements.
Mr. Berguirstain explained this was a typographical error which would be corrected.
Section 23, "Permits," required the City or CRA to designate a specific Building
Department representative to assist in processing building permits for the project. In
response to Mr. Hay's inquiry, it was noted the representative to be designated was
currently on staff.
In response to Mr. Hay's inquiry, Attorney Cherof advised the signatories on the Master
Development Agreement were the Mayor on behalf of the City, and the CRA Board
Chair on behalf of the CRA.
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13,2009
Chair Taylor expressed concerns as follows.
. The Board members had not yet received Attorney Cherofs revised version of
the agreement.
. The CRA was asked to enter into a 12-year agreement and provide up to $23.5
million that the CRA did not have.
. The CRA would design and construct the Town Circle streetscape including the
renovation of the exterior of St. Paul's AME Church. He was not certain the
Board ever agreed to this and questioned why the expense would be borne by
the CRA.
. The construction of the grocery store remained an issue.
. The housing to be built in Phase 2 or Phase 3 would consist of four stories in a
single-family residential area.
. The CRA was required to lease retail space from Auburn in an amount sufficient
to cover their lender's required debt coverage ratio.
. While Mr. Berguirstain agreed Auburn would be responsible for recruiting the
tenants for the retail operation, this was not reflected in the agreement.
Chair Taylor objected to paying Auburn's overhead costs. Attorney Cherof noted the
section entitled "Termination by CRA," provided overhead costs would be reimbursed if
the City or the CRA terminated the agreement without cause.
While Chair Taylor had no doubt Auburn was a good developer, the CRA did not have
the funding available at this time. He believed the developer, and not the CRA, should
be responsible for the $11 million to construct the parking garage. Additionally,
Attorney Cherof was awaiting a decision from the judge as to whether or not the
garage served a public purpose. While Chair Taylor appreciated Auburn's generosity in
funding the City's special events, he had concerns as previously addressed about
whether a conflict existed. He sent a letter to the State's Commission on Ethics as to
the propriety of the Board's voting on the agreement and was awaiting a response.
Chair Taylor suggested the item be tabled based upon his concerns and pending a
response from the State's Commission on Ethics.
Mr. Weiland believed the Board could move forward as the agreement was still required
to be brought before the City Commission. Vice Chair Rodriguez pointed out he had not
sent a letter to the Commission on Ethics because he had not benefited from Auburn's
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Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
sponsorship of the special events. As such, he would have no problem voting on the
agreement. He believed the project should move forward, as the contingencies built
into the Agreement protected the City and the CRA. Mr. Weiland concurred.
Mr. Hay's position was to move forward, but with caution and contingencies. He noted
the agreement contained no provision for price caps on property acquisitions. He
wanted to be assured Auburn would meet with the Inlet Cove Association (INCA) and
other neighborhood associations to obtain their input.
Ms. Ross believed there was too much uncertainty. The budgets for the next year or
two would be seriously impacted by the current economic climate, and the CRA did not
have the $23.5 million for the project. She expressed concern for the provision by the
CRA of three or four demolition grants totaling at least $600,000, and payment by the
CRA to the City of up to $1 million for streetscape improvements.
Mr. Weiland noted the third-party review of Auburn's financial records provided a good
degree of comfort, as the CRA would not be required to provide any funds until the
developer's finances were in place.
Ms. Bright indicated the third-party verification was to determine the financial
wherewithal of Auburn and to address the concerns of Mr. Bressner and CRA staff. In
order for the financial analysis to be undertaken expeditiously, the CRA piggybacked on
an existing contract with PMG associates and the City of Delray Beach for the same type
of service. There had been no consensus as to the timeframe for receipt of the
financial analysis, and the item was placed back on the agenda for a determination. If
the Board agreed to go forward with the financial analysis, it was staffs wish that both
Auburn and the CRA's capacity to fund be evaluated. Attorney Cherof noted while the
ability to provide the financial verification was built into the agreement, the timing was
not.
Attorney Cherof suggested a motion be made to direct the preparation of a final version
of the agreement. A date specific could be included for a joint meeting with the City
Commission to vote on the document. This would satisfy the comments to move the
matter forward and would address Chair Taylor's concerns that the matter not be voted
on until he had received an opinion from the Commission on Ethics. Attorney Cherof
would have a draft by tomorrow of the comments made at this meeting, and if staffs
comments were ready, a joint meeting could be held with the City Commission on
January 20, 2009.
Chair Taylor noted he wished to hear the comments from the third-party entity as to
the timeframe.
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Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
Phil Gonot, PMG Associates, advised the total analysis should be completed within four
to six weeks. Auburn should anticipate a normal return on investment for this project.
A Gap Analysis would identify current conditions, site conditions and how much of a
subsidy or incentive would be required to ensure a normal rate of return for Auburn.
The analysis would also determine the bonding capacity of the CRA and future Tax
Increment Financing (TIF) revenues.
Mr. Berguirstain noted Auburn would have a significant conflict of interest with PMG
Associates. He would have no objection to a State agency providing financial reviews.
Michael Weiner, attorney, discussed the conflict of interest raised by Mr. Berguirstain.
PMG had done nothing incorrect, but had previously formed opinions about Auburn for
other projects in Delray Beach. Neither he nor Mr. Berguirstain believed the Board
would be provided with the best decision on an independent audit if conclusions had
been reached regarding previous projects.
Mr. Gonot advised PMG Associates had been engaged by the Delray Beach eRA to
review a project on which Auburn was the only bidder. PMG Associates raised the issue
for the CRA to review. Certain information had been requested from Auburn, and an
issue evolved regarding previous financial statements. One item in particular, debt
equity ratio, caused concern. Auburn's debt, rather than decreasing, had increased
each yea r.
Motion
Vice Chair Rodriguez offered a motion to move forward in preparing a final document
for review and approval in a joint meeting with the CRA/City Commission on January
20, 2009. The final document would be based on all of the discussion tonight including
the issue of moving forward with the third-party review. Mr. Weiland seconded the
motion.
Attorney Cherof noted moving forward with the third-party review would not delay the
matter but could result in an end to the agreement.
Vote
The motion passed unanimously.
G. Approval of Piggy-backing on Agreement between Delray Beach CRA and
PMG Associates to Conduct Project Development, Financial and Real
Estate Market Analysis (This item was pulled and moved forward)
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Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
Ms. Brooks noted the Florida Housing Finance firm referred to by Auburn considered
only the capacity of the developer and not the Agency's capacity to bond. Additionally,
the firm did not prepare either a Tax Increment Financing (TIF) analysis or a Gap
Analysis. The Board wished to engage a firm that would test both the CRA and
Auburn's capacity to fund the project. Chair Taylor suggested Ms. Bright provide
options for the selection of a firm on January 20, 2009.
Ms. Bright clarified what she believed was the Board's direction. PMG Associates would
no longer be considered. Staff would expeditiously piggyback on a contract for a firm
that could provide a comprehensive Tax Increment Financing (TIF) analysis, including a
Gap Analysis for Auburn and the CRA's ability to fund the project according to the
timelines, as well as the CRA's bonding capacity. She would advise the Board when
staff came across an appropriate piggyback contract. She noted in the event it was not
possible to piggyback, the process could take longer than four to six weeks. The Board
confirmed its direction as set forth by Ms. Bright.
B. CRA Staffing Plan (Tabled December 9, 2008)
Motion
Mr. Hay moved to remove the item from the table. Ms. Ross seconded the motion that
passed unanimously.
Ms. Bright noted the item had been added by Vice Chair Rodriguez at the November 5,
2008 meeting, indicating Ms. Bright misled the Board in using the term "eliminating the
position of Administrative Assistant." Ms. Bright prepared a response for the December
9, 2009 meeting. Vice Chair Rodriguez requested the item be tabled, and the Board
agreed .
No action was required on this item.
XII. New Business:
A. Presentation of Audited Financial Statements for FY 2007-2008
Ms. Harris noted the auditor was present to discuss the firm's audit procedures and
findings.
Richie Tandoc, Partner, Sanson Kline Jacomino & Company, LLP, noted he was in
charge of the CRA's audit engagement for September 30, 2008. He thanked Ms. Harris
and Ms. Bright for their cooperation, as it facilitated a timely completion of the audit.
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Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
He provided the results of the 2008 audit and required communications, a copy of
which is on file in the City Clerk's Office.
With regard to the auditor's responsibilities under Generally Accepted Auditing
Standards and Government Auditing Standards, the firm had issued their unqualified
"clean" opinion on the financial statements for the year ended September 30 2008.
This provided the CRA Board and staff reasonable assurance that the financial
statements were free of material misstatement. The firm also issued their report on the
CRA's internal control over financial reporting and on compliance in other matters for
the year ended September 30, 2008. They noted no material weaknesses or material
non-compliance issues. Both reports were dated November 19, 2008.
The CRA's significant accounting policies were included in the financial statements. The
accounting principles selected were consistent with those prescribed by Government
Accounting Standards, and the Agency's findings and related disclosures were
presented in a completed format.
With regard to accounting estimates for fiscal year ended September 30, 2008,
management's judgment was called upon to establish the useful life of capital assets.
They determined such estimates were reasonable. The firm did not identify
transactions regarding methods of accounting for significant or unusual transactions, or
for controversial or emerging areas.
The firm did not identify any significant and/or unadjusted audit adjustments during
their audit of the financial statements for fiscal year ended September 30, 2008. This
was a rarity in a governmental agency.
The firm was not aware of any fraud or illegal acts that occurred during the fiscal year
involving senior management, or any employees that would cause a material
misstatement of the financial statements. The firm had not encountered any
disagreements or difficulties with management. No major issues were discussed with
management prior to the firm's retention as the CRA's auditors.
There were no relationships between the firm and the CRA or the City that that could
reasonably be thought to impede the firm's independence. With regard to the audit of
the Agency as of September 30, 2008, the firm was independent and had not
performed any non-audit services for the CRA during the period or thereafter.
The firm issued a management letter dated November 19, 2008, which was attached to
the financial statements in accordance with the Rules of the Auditor General of Florida.
Three new observations were noted in the management letter for the current year,
none of which were considered significant deficiencies or material weaknesses.
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
Chair Taylor complimented the CRA staff on an impressive audit.
B. Consideration of Request from Weiss Memorial Chapel for use of CRA
Property for Parking
Ms. Brooks informed the Board Gloria Weiss, owner of Weiss Memorial Chapel, 202 E.
Boynton Beach Boulevard, inquired whether she could use the CRA parcel for parking
behind the Chapel. The CRA owned vacant land, and the City's Code required the land
be paved, lighted and landscaped for parking purposes. Ms. Brooks inquired whether
this was an expense the Board wished to undertake in order to lease the lot to Weiss
Memorial Chapel. Ms. Weiss agreed to pay for the parking use, but did not stipulate an
amount.
Mr. Weiland pointed out the question of liability. Weiss Memorial had not provided any
certificate of insurance to indemnify and hold the CRA harmless. He would be willing,
at the appropriate time, to make a motion to deny the request. Vice Chair Rodriguez
did not believe there was a problem with the Chapel's use of the land, but wanted to be
assured the Chapel secured a policy indemnifying the CRA.
Ms. Brooks noted the Code did not allow the use of vacant land for parking. She had
observed cars parked on the land, but this had not been authorized by the CRA. If the
CRA were to enter into a formal agreement for parking, it would be necessary for the
land to meet the requirements of the City's Code. She requested direction from the
Board. Neither Chair Taylor nor Mr. Hay felt the Board should expend funds to create a
formal parking lot. The Board consensus was for Ms. Brooks to inform Mr. and Mrs.
Weiss that at this time the CRA was not in a position to lease the land, as it was not a
parking lot.
e. Boynton Woman's Club Request for Donation for the Club's looth Year
Celebration
Ms. Bright reported the request was given to the CRA staff to be placed on the agenda
for January. It had been brought to the attention of Vice Chair Rodriguez that the CRA
was participating both financially and by providing the CRA's marketing and special
events media list.
While Vice Chair Rodriguez wanted to help the Woman's Club, he expressed concerns
regarding the request. This was the second consecutive meeting at which projects not
approved by the Board were discussed. Personal relationships were involved that had
not been disclosed to the Board. The request was received in September and had
never appeared under "Future Agenda Items." The Board was being asked to vote on a
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Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13,2009
request for which a commitment had already been made. He asked that requests of
this nature come before the Board for approval before a commitment was made. Other
groups from the Heart of Boynton had been denied requests for support because the
items had not been budgeted.
Chair Taylor commented the relationship referred to had been disclosed to the Board in
March 2007. The Executive Director had the authorization to approve requests of this
nature up to $10,000. Chair Taylor believed the questions put forth by Vice Chair
Rodriguez amounted to "nit-picking," and the Executive Director should be able to
manage the department.
Vice Chair Rodriguez noted his concern regarding the CRA's expenditures. This item
had not been budgeted and had not been brought to the Board prior to a commitment
having been made.
Ms. Bright advised she had not disbursed any funds. The resolution setting the
sponsorship amounts had been approved by the former CRA Board in November 2006
and provided Ms. Bright with the authority to bring requests for community sponsorship
before the Board prior to disbursement. The September discussion between Ms. Biscuiti
and representatives from the Boynton Woman's Club pertained to the media advisory
press release. Ms. Bright had received a letter from the Woman's Club requesting $700
to sponsor the Copeland Davis event. According to the Rules of Governance and the
existing resolution, Ms. Bright had done nothing improper. She suggested the policy
and resolution be reviewed. Administrative issues were brought before the Board. If
the Board did not approve the request, the Woman's Club would be advised the CRA
would not be supporting the financial request.
Vice Chair Rodriguez expressed concern that the request had not been brought before
the Board until a week prior to the event. The procedures clearly indicated requests of
this nature required Board approval. Mr. Weiland agreed the Board's support should
have been sought well in advance. If the item had been brought to the Board's
attention in September, the Board could have been polled.
Ms. Ross believed it would be commendable for the Board to offer a contribution to
pianist Copeland Davis for his performance on January 25, 2009.
Motion
Mr. Hay moved to approve. Ms. Ross seconded the motion that passed unanimously.
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Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
D. Consideration of Supporting the Greater Boynton Beach Chamber of
Commerce Dinner Dance
Chair Taylor believed the City Manager covered the cost of the event. Vice Chair
Rodriguez felt the item should not have been placed on the agenda as it had not been
budgeted. Ms. Bright noted costs for events of this nature were usually shared with the
City. Vice Chair Rodriguez believed the Board had the only authority to allocate monies
from the contingency fund. Mr. Weiland believed if contingency funds were used, it
should be clear what they would be used for and the amount necessary.
E. Consideration of Exercising right of First Refusal on Property located at
3675 S. Federal Highway
The item pertained to a first right of refusal to purchase the property from 3600
Holdings as part of the reversion to commercial zoning in the area. Staff was
supportive of allowing the purchase contract to go forward. It would benefit the CRA to
have a site for a full commercial venture.
Attorney Cherof noted each time the owners attempted to sell the property, the CRA
would be offered the right of first refusal until the property was sold. The Board was
required to render a decision within 14 days from the time notice was provided to staff.
A decision would, therefore, be required at this meeting, or a special meeting. It was
staffs recommendation that it would not be beneficial for the CRA to exercise the right
of first refusal. If the Board agreed, a motion to deny would be in order.
Motion
Vice Chair Rodriguez moved to deny. Ms. Ross seconded the motion that passed
unanimously.
XIII. Future Agenda Items
None
XIV. Comments by Staff
Ms. Brooks commented the Downtown Master Plan would be brought before the City
Commission for adoption and to amend the CRA Plan. She inquired whether the Board
members wished to be provided with a hard copy of the Downtown Master Plan, or if
they would prefer she posted it to the File Transfer Protocol (FTP) site. She would
include in the packet the old and revised pages for the City Commission packet. There
was consensus for Ms. Brooks to post the document.
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Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
With regard to the discussion on the Woman's Club, and in the interest of transparency,
Ms. Brooks wished to disclose that her mother had donated ten years of her time to the
City, even though her mother did not reside in Boynton Beach. No personal benefit
would inure to Ms. Brooks as a result of her mother's volunteer efforts. While Ms.
Brooks was not legally required to disclose this information, she did so for the record
upon the advice of her attorney. She wished to make it clear that she was not subject
to the same scrutiny as an elected or appointed official.
Ms. Biscuiti provided an Oceanfront Concert expense and funding report. She had
attempted to reduce the expenses as much as possible. It was likely an additional $200
would be needed for updates to signs. In the funding category, Chair Taylor and
Commissioners Hay and Ross donated monies to make up the first $2,000. The Palm
Beach Post provided $2,000, and a donation had been received by County
Commissioner Greene. The concession income from the Holiday Concert was $1,255.20,
As there was a $3,000 overage, Ms. Bright requested approval from the Board to
allocate $700 to the Woman's Club, rather than taking the monies from contingency.
Vice Chair Rodriguez inquired whether the concession income was a planned budget
item. Ms. Biscuiti replied it was surplus. Ms. Bright noted there currently was no
budget for concession income. Staff had been working with a new vendor who
provided a percentage of the proceeds. The Board agreed the concession income
would now be included in the official budget, and also agreed to the $700 allocation for
the Woman's Club.
XV. Comments by Executive Director
None
XVI. Comments by CRA Attorney
Attorney Cherof advised the CRA had filed suit against the Boynton Delray Academy
and others who had an interest in the property. He would keep the Board advised on
the status of the case as the defendants asserted their answers and responses.
XVII. Comments by CRA Board
Vice Chair Rodriguez felt requiring the Executive Director to document any approved
expenditures under $25,000 was beneficial to the Board. The City Manager had
provided weekly updates to the Board, and he requested the Board consider having Ms.
Bright or her staff provide weekly or biweekly updates on eRA activities. Chair Taylor
commented he met weekly with Ms. Bright, and she had regularly provided him with
updates. Ms. Ross also met weekly with Ms. Bright.
24
Meeting Minutes
Community Redevelopment Agency Board Meeting
Boynton Beach, FL
January 13, 2009
XVIII. Adjournment
There being no further business to discuss, Chair Taylor properly adjourned the meeting
at 9:43 p.m.
)', (--\.
Yr~- ';>J.
Stephanie D. Kahn
Recording Secretary
011408
25
MINUTES OF THE SPECIAL COMMUNnY REDEVELOPMENT
AGENCY BOARD MEmNG HELD ON TUESDAY, JANUARY 20, 2009
AT 5:45 P.M. IN CITY COMMSSION CHAMBERS,
BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor, Chair
Jose Rodriguez, Vice Chair
Marlene Ross
Ron Weiland
Lisa Bright, Executive Director
James Cherof, Board Attorney
Absent:
Woodrow Hay
I. Call to Order - Chair Jerry Taylor
Chair Taylor called the meeting to order at 5:52 p.m. He noted there was some
miscommunication of the starting time for the meeting and in the interest of fairness,
suggested the meeting be recessed unti/6:30 p.m.
Motion
Mr. Weiland moved to recess the meeting until 6:30 p.m. Ms. Ross seconded the
motion. The motion passed 4-0.
(Meeting recessed until 6:30 p.m.)
II. Pledge to the Flag and Invocation (Joint with the City Commission)
(Mayor Taylor called the City Commission meeting to order at 6:30 p.m. Reverend Rick
Riccardi offered the invocation followed by the Pledge of Allegiance to the Flag led by
Vice Mayor Rodriguez. A motion was made and unanimously passed to recess the City
Commission meeting for the Community Redevelopment Agency Board meeting.)
III. Roll Call
(The Community Redevelopment Agency Board meeting reconvened at 6:33 p.m. All
board members were present)
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Community Redevelopment Agency Board
Boynton Beach, FL
January 20, 2009
IV. Consideration of Master Development Agreement with Auburn Group
Attorney Cherof advised representatives from the Auburn Group were not present.
A review of the documentation that had been provided was given by Attorney Cherof
noting that the documents would have to be viewed in tandem. Chair Taylor indicated
he wanted to have input from the City Manager, Executive Director of the Community
Redevelopment Agency, Board members and any public input. Mr. Weiland suggested
the City Manager be heard first.
Kurt Bressner, City Manager, had six major points with the agreement.
1) Phase IV Density - The agreement sets forth levels of density, building heights
and number of units. The Heart of Boynton Redevelopment Plan will have to be
modified, including land use modifications, with public discussion and input. The
agreement has to be totally subordinate to the legislative discretion of the City
Commission to approve any changes to the Redevelopment Plan.
2.) Phased Development -- There needed to be some type of assurance that any
financial incentives due to the Community Redevelopment Agency, in conjunction with
Phase II before the completion of Phase I, could be accommodated by the Community
Redevelopment Agency budget out of sequence. Any change in the development
sequence must give the Community Redevelopment Agency some flexibility for
payments.
3.) Community Redevelopment Agency and City Land -- Parcels on the south side of
Martin Luther King Boulevard, adjacent to the market area, were conveyed to the City
by the County with deed restrictions. There is a reverter clause that the parcels must
be replaced as open space or payment made to the County. In order to provide
marketable titles to the parcels, the property would have to be swapped or otherwise
accommodated with the County and not readily available to Auburn on a conveyance.
Mr. Rodriguez confirmed there was another provision in the agreement that allowed for
the boundaries to be changed if the parcels were not available. Mr. Bressner cautioned
the parcels in question were located in the middle of Phase I.
4.) Change in Business Terms-- The trigger to reduce the Community
Redevelopment Agency contribution would be a reduction in units.
5.) Senior Center - The developer'S previous commitment to maintain and operate a
senior center in the Heart of Boynton for 50 years had been struck from the proposed
agreement and should be clarified.
2
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
January 20, 2009
6.) Timeline for Community Redevelopment Agency financial review - Only 15 days
had been allotted for the Community Redevelopment Agency to submit their review of
the financial report and add any comments. It would not be sufficient time for public
meetings and review. Mr. Bressner also questioned if the same accounting firm would
be used for both the Auburn review and financial ability of the Community
Redevelopment Agency to meet its obligations. He felt the ultimate determination
should be a policy decision of the Board.
Vice Chair Rodriguez questioned the intent of the 30 day period, whether to complete
the review or contract for the review. Attorney Cherof agreed the language was open
for interpretation, but he felt "obtain" meant to have the completed report.
Mr. Weiland questioned the ability of the Board to move forward without Auburn
representatives present. There were many changes required, but without Auburn
present, progress could not be made. Attorney Cherof agreed it was a complex contract
with many diverse points and views. He suggested a special meeting be set with
negotiation of the terms and redrafting of the agreement, ending in a complete and
final contract.
Mr. Hay expressed concern with the constant changes and was not in favor of any
agreement until all the questions were answered. Vice Chair Rodriguez and Mr.
Weiland concurred that the understanding was the agreement was to be finalized and
not more changes. Mr. Hay would not agree to anything until a third party financial
analysis was reviewed. Chair Taylor agreed and noted Auburn had reserved the right to
make further changes also.
Ms. Ross indicated she was looking for some third party verification before any
agreement could be made. She could not support the current document or the four
phases. The residents, including those in surrounding areas, have valid questions and
complaints regarding the proposed development plan. Their feedback needed to be
considered. Mr. Hay wanted the developer to meet with the various neighborhood
associations and residents and requested to be present at those meetings.
Ms. Ross was concerned about the encumbering of $23.5 million of the Community
Redevelopment Agency funds and its impact on the future of the Agency. Mr. Weiland
pointed out the sum is dispersed over 12 years based on the progress of the project.
Vice Chair Rodriguez stressed the future of the Community Redevelopment Agency was
irrelevant in the project. The Agency was developed to eliminate blight and slum and
the monies should accomplish that goal. Chair Taylor disagreed and contended the
$23.5 million encumbrances would disable the Community Redevelopment Agency to
work on other projects. Mr. Weiland commended the Community Redevelopment
Agency for the many projects that had been accomplished. The Heart of Boynton
3
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
January 20, 2009
project had been discussed for many years and a commitment to move forward had to
be made. Chair Taylor added the project may not happen with this developer. Mr. Hay
commented the project could not be undertaken blindly.
Chair Taylor suggested a motion be made to table the issue and a meeting scheduled
with Auburn and Community Redevelopment Agency Board.
Motion
Mr. Hay, so moved. Vice Chair Rodriguez seconded the motion.
Ms. Bright requested direction on the third party verification. There was consensus of
three board members; however, the timing was unclear. She had been searching for
an avenue to piggyback an existing contract for the verification and analysis. In the
alternative an RFP would be necessary.
Chair Taylor confirmed that there was total consensus that the agreement with Auburn
would not be finalized until the third party analysis was received and reviewed.
Ms. Bright also requested clarification or a motion regarding the expectation of holding
more public meetings. Mr. Hay explained his intent was, before the document is
signed, input from the community was needed. Mr. Weiland commented if a piggyback
could not be found, the process would take four to six months. Ms. Bright indicated if
an amendment to the Heart of Boynton Plan and Federal Highway Corridor Plan would
be sought, the City and Community Redevelopment Agency would be required to
participate in any public meetings to be in compliance with State statutes.
Chair Taylor declared there was consensus to coordinate any meetings with all parties.
Vice Chair Rodriguez understood there was a timeline for funding that could be missed.
Ms. Bright advised a grocery store had to be built by the spring of 2010 to meet the
basic requirements of the Florida Housing Finance Tax Credit Program. If built, it would
allow Auburn to compete in the next cycle for funding in 2010.
Vote
The motion passed unanimously to table.
V. Consideration of Subordination Agreement with 3675 Acquisition, LLC
Attorney Cherof explained the subordination agreement with 3675 Acquisition, LLC
involved the right of first refusal to purchase the property that used to be the former
adult entertainment establishment. In conjunction with an attempt to sell the property,
4
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
January 20, 2009
the potential buyer wants to go out and borrow money and then exercise due diligence.
The lender has requested the Community Redevelopment Agency to subordinate its
right of first refusal. In the event of a default, the right of first refusal would be
eliminated in a foreclosure procedure. The owner requests the subordination to
facilitate their transaction with the developer and his lender.
Attorney Cherof noted without the subordination there would be no lender and the
attempt to sell the property would fail and redevelopment delayed. Chair Taylor
contended the Community Redevelopment Agency would probably not buy the property
either.
It was recommended by Attorney Cherof, that the Community Redevelopment Agency
not give up the right of first refusal. He speculated there would be another deal after
this one and the right would be preserved.
Ms. Ross requested input from the Executive Director. Ms. Bright asserted it was a
policy decision. She recalled it had been clear that the entity to buy the out parcel was
3600 Holding, so it could complete the square. Ms. Bright stressed a commercial
development project may be missed.
Vice Chair Rodriguez wanted to avoid 3600 Holding getting a $300,000 deal on the
property and the Community Redevelopment Agency had given up its right of first
refusal on the property. Ms. Bright reported Mr. Goddard would get $800,000, but
become part of the bigger deal with a larger commercial site. The total is $2 million.
Attorney Cheraf explained if the lender foreclosed on the $800,000 loan it would also
foreclose the right of first refusal and affect future transactions as well. Vice Chair
Rodriguez was against the release.
Chair Taylor wanted to see the area developed and did not foresee the Community
Redevelopment Agency purchasing the property. Attorney Cherof suggested tabling the
matter and ask for more transparency of the contemplated transaction. The relationship
between the developer and lender should be made more clear. The loan could be
foreclosed the day after the subordination was release.
Motion
Vice Chair Rodriguez moved to table to get more transparency. Ms. Ross seconded the
motion. The motion passed unanimously.
Mr. Hay disclosed he had talked to a representative of Auburn last week.
5
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
January 20, 2009
VI. Adjournment
There being nothing further to come before the Board, Chair Taylor properly adjourned
the meeting at 7:07 p.m.
9U.LfirJ
:~~ith A. Pyle,.:
Deputy City Clerk
6
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD
SPECIAL MEETING HELD ON MONDAY, JANUARY 26, 2009
AT 4:30 PM AT THE CRA OFFICES
BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor, Chair
Woodrow L. Hay
Marlene Ross
Ron Weiland
Lisa Bright, Executive Director
Shana Bridgeman, Board Attorney
Chair Taylor called the meeting to order at 5:00 PM.
I. Roll Call
Ashley Buckley, Administrative Services Manager for the eRA took role. A quorum was
present.
II. Consideration of Subordination Agreement with 3675 Acquisition, LLC - Tabled at the
Special Meeting held on January 20, 2009
Motion
Ron Weiland moved to remove this item from the table.
Marlene Ross seconded the motion that passed 4-0
Motion
Marlene Ross motioned that the Board accept the subordination agreement with 3675
Acquisition, LLC, subject to Board Attorney review and approval.
Ron Weiland seconded the motion that passed 4-0.
There being no further business to discuss, the meeting properly adjourned at 5:09 PM
~~
Ashley B Buckley
Administrative Services Manager
1Il~~qY~Te~lC
. East Side-West S"lde-Seas"lde Rena"lssance
eRA BOARD MEETING OF: February 10, 2009
I x I Consent Agenda I
Old Business I I
New Business
Public Hearing
Other
SUBJECT: Monthly Financial Report
SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for
the month ending January 31, 2009.
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: N/A
RECOMMENDATIONS: Approve January financials.
cLL~
Susan Harris
Finance Director
T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Financial Report.doc
)2-2009 09:36 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
.GENERAL FUND
lliCIAL SUMMARY
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
,NUE SUMMARY
,I.F.INCOME
lliINA RENT & GRANT INC
lliKETING INCOME
,STIVALS & EVENT INCOME
NESTMENT INCOME
[SCELLANEOUS
rHER FINANCING SOURCES
8,300,000 8.300,000 0.00 8,315,313.00 0.00 15,313.00) 0.18-
1,287,500 1.287.500 59.491.45 267,393.76 0.00 1.020,106.24 79.23
0 0 0.00 2,475.00 0.00 2,475.00) 0.00
15,000 15,000 2,000.00) 1.000.00 0.00 14,000.00 93.33
50,000 50,000 0.00 8,126.22 0.00 41,873.78 83.75
0 0 0.00 13 .20 0.00 13 .20) 0.00
3,400,000 3,400,000 0.00 0.00 0.00 3,400,000.00 100.00
~-~~ .__.~-
13,052,500 13,052,500 57,491.45 8.594,321.18 0.00 4,458,178.82 34.16
~----------- ------------ ------------- ------------- -~------------ ------------- -------
-------------. ------------ -.------------- ------------- -------------- ------------- -------
\L REVENUES
;:NDITURE SUMMARY
;:GISLATIVE 16,900 17,900 i 159.00) 247.32 0.00 17,652.68 98.62
)MINISTRATIVE 211,942 211,942 15,376.05 58.054.13 0.00 153,887.87 72.61
[NANCE 151,415 151,415 10,618.40 42,003.69 0.00 109,411.31 72.26
'JBURANCES 115,470 115,470 0.00 81,644.04 0.00 33,825.96 29.29
WFESSIONAL SERVICES 485,000 485,000 14,513.93 71,368.36 13,250.00 400,381.64 82.55
:.ANNING 209,880 209.880 14,863.49 59,427.04 0.00 150,452.96 71.69
JILDINGS & PROPERTY 496,210 496,210 10.841.67 99,054.07 '32,'175.00 364,680.93 73.49
>.RINA 1.. 287,500 1.287,500 37,676.24 240,830.87 0.00 1,046.669.13 81.29
JMMUNICATIONS & TECHNOLO 62,120 62,120 1.827.77 10,891. 67 ,.339.92 47,888.41 77.09
JNTINGENCY 314,493 313,493 0.00 0.00 0.00 313,493.00 100.00
>.RKETING 140,566 140,566 11.479.49 36,759.13 0.00 103,806.87 73.85
i"ECIAL EVENTS 95,087 95,087 LO,686.13 30,613.29 0.00 64,473.71 G7.80
"lPLOYEE BEBEFITS 227.917 227.917 9.003.65 47,220.50 0.00 180,696.50 79.28
:;:BT SERVICE 3,066.581 3,066,581 0.00 0.00 \.1.00 3.066,581.00 100.00
:<ANSFER OUT 9-,-~71, 419 ~..l: 71 , 419 0.00 0.00 0.00 6,171,419.00 100.00
".L EXPENDITURES 13,052,500 13,052,500 196,727.82 778,114.11 49,064.92 1:<,225,320.97 93.66
..----------- - -.-. -----_._-- ------------- ...------------ --._----------- ------------- _.._-----
~.__.._-------- --..---.--..--."-.---- .- ----.-. ----- ---- ------------ -------------- ------------- -------
:;:NUES OVER! (UNDER j EXPENDITURES "',~ -~ (; )7) ,816,207.0" 49. .)64 92) r ",767.142.15' c'.OO
2-02-2009 09:36
n - GENERAL FUND
omVENUES
ORIGINAL
BUDGET
BOYNTON BEACH CR
REVENUE & EXPENDITURES REPORT (uNAUDITED)
AS OF: JANUARY 31ST, 2009
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
r. 1. F. INCOME
01-41000 T.I.F. COLLECTIONS
TOTAL T.I.F.INCOME
MARINA RENT & GRANT INC
01-42115 MARINA RENTS
01-42116 MISCELLANEOUS RENTS FRO PROPE
01-42117 MARINA FUEL SALES
01-42118 MARINA MISC INCOME
TOTAL MARINA RENT & GRANT INC
MARKETING INCOME
01-43100 TROLLY MARKETING INCOME
TOTAL MARKETING INCOME
FESTIVALS & EVENT INCOME
01-44100 FESTIVAL & EVENT INCOME
TOTAL FESTIVALS & EVENT INCOME
INVESTMENT INCOME
01-46100 INTEREST INCOME
TOTAL INVESTMENT INCOME
CONTRIBUTIONS & DONATION
MISCELLANEOUS
01-48100 MISCELLANEOUS INCOME
TOTAL MISCELLANEOUS
OTHER FINANCING SOURCES
01-49100 OTHER FINANCING SOURCES
TOTAL OTHER FINANCING SOURCES
TOTAL REVENUES
8,300,000
8,300,000
80,000
7,200
1,200,000
300
1,287,500
15,000
15,000
50,000
50,000
3,400,000
3,400,000
13,052,500
8,300,000.0
8,300,000
80,000.0
7,200.0
1,200,000.0
300.0
1,287,500
o
o
15, 000. (
15,000 (
50,000.0
50,000
o
o
3,400,000.0
3,400,000
13,052,500
0.00
0.00
0.00
0.00
59,491.45
0.00
59,491.45
0.0
o
0.00
0.00
8,315,313.00
8,315,313.00
29,323.18
1,200.00
236,417.62
452.96
267,393.76
2,475.00
2,475.00
1,000.00
1,000.00
8,126.22
8,126.22
13.20
13 .20
0.00
0.00
8,594,321.18
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
15,313.00)
15,313.00)
50,676.82
6,000.00
963,582.38
152.96)
1,020,106.24
2,475.00)
2,475.00)
14,000.00
14,000.00
41,873.78
41,873.78
0.18-
0.18-
63.35
83.33
80.30
50.99-
79.23
0.00
0.00
93.33
93.33
83.75
83.75
13.20) 0.00
13.20) 0.00
3,400,000.00 100.00
3,400,000.00 100.00
4,458,178.82 34.16
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
2,000.00)
2,000.00)
0.00
0.00
0.0
o
0.00
0.00
0.00
0.00
57,491.45
2
)2-2009 09:36 AM
- GENERAL FUND
[SLATIVE
\RTMENTAL EXPENDITURES
~HASED/CONTRACT SERV
-51010-200 CONTRACTUAL EXPENSE
-51010-203 MISCELLANEOUS
-51010-216 ADVERTISING & PUBLIC NOT I
-51010-225 ASSOC. MEETINGS & SEMINAR
-51010-227 DELIVERY SERVICES
roTAL PURCHASED / CONTRACT SERV
'LIES
-51010-310 OFFICE SUPPLIES
roTAL SUPPLIES
rOTAL LEGISLATIVE
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
7,500 7,500 0.00 0.00 0.00 7,500.00 100.00
0 1,000 0.00 0.00 0.00 1,000.00 100.00
2,700 2,700 0.00 231.78 0.00 2,468.22 91.42
2,500 2,500 0.00 0.00 0.00 2,500.00 100.00
3,600 3,600 91. 00 231. 00 0.00 3,369.00 93.58
16,300 17,300 91.00 462.78 0.00 16,837.22 97.32
600 600 250.00) ( 215.46) 0.00 815.46 13 5.91
~- ---~~ 250.00) ( 215.46)
600 600 0.00 815.46 135.91
_._~--_.._--_.- -_._--_._~~
16,900 17,900 ( 159.00) 247.32 0.00 17.652.68 98.62
2-02-2009 09:36 BOYNTON BEACH Cf.,
REVENUE & EXPENDITURES REPORT \ uNAUDITED)
AS OF: JANUARY 31ST, 2009
01 -GENERAL FUND
1illMINISTRATIVE
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-51230-100 PERSONNEL SERVICES 176,917 176,917 13,849.38 55,397.52 0.00 121,519.48 68.69
01-51230-115 CAR ALLOWANCE 5,400 5,400 416.00 1,664.00 0.00 3,736.00 69.19
TOTAL PERSONNEL SERVICES 182,317 182,317 14,265.38 57,061.52 0.00 125,255.48 68.70
PURCHASED/CONTRACT SERV
01-51230-225 ASSOC. MEETINGS & SEMINAR 3,750 3,750 1,021.70 1,021. 70 0.00 2,728.30 72.75
01-51230-226 MEMBERSHIP DUES 6,675 6,675 0.00 705.00} 0.00 7,380.00 110.56
01-51230-227 DELIVERY SERVICES 3,000 3,000 0.00 293.22 0.00 2,706.78 90.23
TOTAL PURCHASED/CONTRACT SERV 13,425 13,425 1,021. 70 609.92 0.00 12,815.08 95.46
SUPPLIES
01-51230-310 OFFICE SUPPLIES 8,500 8,500 88.97 184.05 0.00 8,315.95 97.83
01-51230-315 POSTAGE 2,000 2,000 0.00 608.08) 0.00 2,608.08 130.40
01-51230-355 SUBSCRIPTIONS 200 200 0.00 0.00 0.00 200.00 100.00
01-51230-360 BOOKS & PUBLICATIONS 500 500 0.00 56.72 0.00 443.28 88.66
TOTAL SUPPLIES 11,200 11,200 88.97 367.31) 0.00 11,567.31 103.28
CAPITAL EXPENDITURES
01-51230-400 EQUIPMENT COSTS 5,000 5,000 0.00 750.00 0.00 4,250.00 85.00
TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 750.00 0.00 4,250.00 85.00
DEPRECIATION & AMORT
TOTAL ADMINISTRATIVE 211,942 211,942 15,376.05 58,054.13 0.00 153,887.87 72 .61
4
12-2009 09:36 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
GENERAL FUND
.NCE
~TMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
;ONNEL SERVICES
51325-100 PERSONNEL SERVICES 130,260 130,260 10,020.00 40,080.00 0.00 90,180.00 69.23
,..._--"----~-~- .~
'OTAL PERSONNEL SERVICES 130.260 130,260 10,020.00 40,080.00 0.00 90.180.00 69.23
~HASED / CONTRACT SERV
51325-200 CONTRACTUAL EXPENSE 2,280 2,280 0.00 607.20 0.00 1,672.80 73.37
'51325-201 BANK FEES 3,000 3,000 0.00 485.91 0.00 2,514.09 83.80
51325-225 ASSOC. MEETINGS & SEMINAR 5,750 5,750 545.97 700.45 0.00 5,049.55 87.82
51325-226 MEMBERSHIP DUES 725 725 0.00 305.00 0.00 420.00 57.93
51325-227 DELIVERY COSTS 1,000 1,000 25.15 25.15 0.00 974.85 97.49
,51325-229 CAREER DEVELOPMENT 3,000 3,000 0.00 0.00 0.00 3,000.00 100.00
PURCHASED/CONTRACT -~~--~.._~
:OTAL SERV 15,755 15,755 571.12 2,123.71 0.00 13,631. 29 86.52
'LIES
.51325-310 OFFICE SUPPLIES 4,500 4,500 27.28 i 200.02) 0.00 4,700.02 104.44
'51325-360 BOOKS & PUBLICATIONS 500 500 0.00 0.00 0.00 500.00 100.00
.51325-365 OFFICE PRINTING COSTS 400 400 0.00 0.00 0.00 400.00 100.00
----.-- -- ---~
:OTAL SUPPLIES 5.400 S.400 27.28 200.02) 0.00 5,600.02 103.70
:TAL EXPENDITURES
mCIATION & AMORT "- '.------'._----- ---~_._---_.__._- - ---.-----...
------~--_.._-- - .,------...-------...-. .----.------. ---.. ---..-------- ----
:OTAL FINANCE 151,415 151,415 10.618.40 42.003.69 (1.00 109,411.31 72.26
2-02-2009 09:36
BOYNTON BEACH CR
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
n -GENERAL FUND
[NSURANCES
)EPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
'Is OF
UNENCUMBERED BUDGET
BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51410-200 CONTRACTUAL EXPENSE 28,916 28,916 0.00 15,355.50 0.00 13,560.50 46.90
01-51410-213 GENERAL PROPERTY COVERAGE 76,394 76,394 0.00 60,257.73 0.00 16,136.27 21.12
01-51410-214 EMPLOYEE FIDELITY COVERAG 1,650 1,650 0.00 990.81 0.00 659.19 39.95
01-51410-215 DIRECTORS & OFFICERS COVE 8,510 8,510 0.00 5,040.00 0.00 3,470.00 40.78
TOTAL PURCHASED/CONTRACT SERV 115,470 115,470 0.00 81,644.04 0.00 33,825.96 29.29
TOTAL INSURANCES 115,470 115,470 0.00 81,644.04 0.00 33,825.96 29.29
6
2-2009 09:36 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
GENERAL FUND
ESSIONAL SERVICES
RTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
HASED/CONTRACT SERV
51420-200 CONTRACTUAL EXPENSE 276,000 276,000 14,513.93 67,864.93 13,250.00 194,885.07 70.61
51420-201 CONTRACT LEGAL 200,000 200,000 0.00 0.00 0.00 200,000.00 100.00
51420-204 CITY STAFF COSTS 9,000 9,000 0.00 3,503.43 0.00 5,496.57 61. 07
'OTAL PURCHASED/CONTRACT SERV 485,000 485,000 .-
14,513.93 71,368.36 13,250.00 400,381.64 82.55
'OTAL PROFESSIONAL SERVICES 485,000 485,000 14,513.93 71,368.36 13,250.00 400,381. 64 82.55
2-02-2009 09:36 BOYNTON BEACH CR
REVENUE & EXPENDITURES REPORT \ UNAUDITED)
AS OF: JANUARY 31ST, 2009
J1 -GENERAL FUND
E'LANNING
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
JEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-51440-100 PERSONNEL SERVICES 184,205 184,205 14,169.62 56,678.48 0.00 127,526.52 69.23
01-51440-115 CAR ALLOWANCE 5,400 5,400 416.00 1,664.00 0.00 3,736.00 69.19
TOTAL PERSONNEL SERVICES 189,605 189,605 14,585.62 58,342.48 0.00 131,262.52 69.23
PURCHASED/CONTRACT SERV
01-51440-225 ASSOC. MEETINGS & SEMINAR 11,000 11,000 231.45 340.05) 0.00 11,340.05 103.09
01-51440-226 MEMBERSHIP DUES 825 825 0.00 225.00 0.00 600.00 72.73
01-51440-227 DELIVERY SERVICES 1,000 1,000 0.00 154.73 0.00 845.27 84.53
01-51440-229 CAREER DEVELOPMENT 2,500 2,500 0.00 900.00 0.00 1,600.00 64.00
TOTAL PURCHASED/CONTRACT SERV 15,325 15,325 231.45 939.68 0.00 14,385.32 93.87
SUPPLIES
01-51440-310 OFFICE SUPPLIES 3,500 3,500 46.42 141. 88 0.00 3,358.12 95.95
01-51440-355 SUBSCRIPTIONS 150 150 0.00 0.00 0.00 150.00 100.00
01-51440-360 BOOKS & PUBLICATIONS 300 300 0.00 0.00 0.00 300.00 100.00
01-51440-365 OFFICE PRINTING COSTS 1,000 1,000 0.00 3.00 0.00 997.00 99.70
TOTAL SUPPLIES 4,950 4,950 46.42 144.88 0.00 4,805.12 97.07
CAPITAL EXPENDITURES
DEPRECIATION & AMORT
TOTAL PLANNING 209,880 209,880 14,863.49 59,427.04 0.00 150,452.96 n.69
8
12-2009 09:36 AM
GENERAL FUND
,DINGS & PROPERTY
~TMENTAL EXPENDITURES
:HASED / CONTRACT SERV
51620-200 CONTRACTUAL EXPENSE
51620-201 PROPERTY TAXES
51620-205 RENTAL OF OFFICES
51620-206 MAINTENENCE & CLEANING
51620-208 EQUIPMENT LEASES
51620-209 PROPERTY MAINTENENCE COST
51620-224 SIGNAGE
~OTAL PURCHASED / CONTRACT SERV
'LIES
.51620-325 ELECTRICITY COSTS
.51620-326 WATER CHARGES
~OTAL SUPPLIES
:TAL EXPENDITURES
mCIATION & AMORT
~OTAL BUILDINGS & PROPERTY
2-02-2009 09:3L BOYNTON BEACH CI
REVENUE & EXPENDITURES REPORT \ uNAUDITED)
AS OF: JANUARY 31ST, 2009
01 - GENERAL FUND
MRINA
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51630-200 CONTRACTUAL 500 500 0.00 450.00 0.00 50.00 10.00
01-51630-209 PROPERTY MAINTENENCE 35,000 35,000 792.71 3,385.50 0.00 31,614.50 90.33
01-51630-241 MARINA FUEL MANAGEMENT 148,000 148,000 12,333.00 49,332.00 0.00 98,668.00 66.67
01-51630-242 MARINE FUEL STATION OVERH 50,000 50,000 1,759.36 9,487.88 0.00 40,512.12 81.02
TOTAL PURCHASED/CONTRACT SERV 233,500 233,500 14,885.07 62,655.38 0.00 170,844.62 73.17
SUPPLIES
01-51630-325 ELECTRIC COSTS 20,000 20,000 444.51 1,852.10 0.00 18,147.90 90.74
01-51630-326 WATER COSTS 1,800 1,800 429.36 782.06 0.00 1,017.94 56.55
01-51630-327 GASOLINE & DEISEL FUEL PU 1,008,000 1,008,000 81,113.97 172,485.77 0.00 835,514.23 82.89
01-51630-328 MARINA DIESEL SALES TAX 19,200 19,200 803.33 3,055.56 0.00 16,144.44 84.09
TOTAL SUPPLIES 1,049,000 1,049,000 82,791.17 178,175.49 0.00 870,824.51 83.01
CAPITAL EXPENDITURES
01-51630-400 EQUIPMENT COSTS 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
TOTAL MARINA 1,287,500 1,287,500 97,676.24 240,830.87 0.00 1,046,669.13 81.29
10
2-2009 09:36 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
GENERAL FUND
IUNICATIONS & TECHNOLO
RTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
:HASED I CONTRACT SERV
51650-200 CONTRACTUAL EXPENSE 5,500 5,500 0.00 305.00 0.00 5,195.00 94.45
51650-210 CITY IT SUPPORT 20,000 20,000 790.24 5,290.24 0.00 14,709.76 73.55
51650-212 FINANCIAL SOFTWARE MAINTE 6,500 6,500 0.00 0.00 0.00 6,500.00 100.00
'OTAL PURCHASED I CONTRACT SERV 32,000 32,000 790.24 5.595.24 0.00 26,404.76 82.51
'LIES
51650-330 TELEPHONE LINES 12,200 12,200 0.00 2,894.29 0.00 9,305.71 76.28
51650-340 CELLULAR PHONES 7,920 7,920 1,037.53 2,402.14 3,339.92 2,177.94 27.50
'OTAL SUPPLIES 20,120 20,120 1,037.53 5,296.43 3,339.92 11,483.65 57.08
:TAL EXPENDITURES
.51650-400 EQUIPMENT COSTS 10,000 10,000 0.00 0.00 0.00 10,000.00 100.00
~OTAL CAPITAL EXPENDITURES 10,000 10,000 0.00 0.00 0.00 10,000.00 100.00
~----- -_.._~.~._---- -,----------"" . 'M'.________._ ___0____- --.--------- --- -----------
~OTAL COMMUNICATIONS & TECHNOLO 62,120 62,120 1,827.77 10.891.67 5.339.92 47,888.41 77.09
2-02-2009 09:36
01 - GENERAL FUND
CONTINGENCY
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
PURCHASED/CONTRACT SERV
01-51990-200 CONTRACTUAL EXPENSE
TOTAL PURCHASED/CONTRACT SERV
314,493
314,493
0.00
313,493.00
100.00
TOTAL CONTINGENCY
314,493
BOYNTON BEACH C~
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
313,493
313,493
0.00
0.00
0.00
0.00
313,493
0.00
0.00
TOTAL
ENCUMBERED
0.00
0.00
313,493.00
313,493.00
100.00
100.00
12
)2-2009 09:36 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST. 2009
GENERAL FUND
~ETING
u<TMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
JONNEL SERVICES
.57400-100 PERSONNEL SERVICES 86,632 86,632 10,734.00 30,726.00 0.00 55,906.00 64.53
PERSONNEL SERVICES ------ -.--
70TAL 86,632 86,632 10,734.00 30,726.00 0.00 55,906.00 64.53
:HASED/CONTRACT SERV
.57400-200 CONTRACTUAL EXPENSE 8,500 8,500 0.00 0.00 0.00 8,500.00 100.00
-57400-216 ADVERTISING & PUBLIC NOT I 2,000 2,000 0.00 0.00 0.00 2,000.00 100.00
-57400-218 ANNUAL REPORT & BROCHURES 10,000 10,000 0.00 0.00 0.00 10,000.00 100.00
-57400-225 ASSOC. MEETINGS & SEMINAR 2,000 2,000 261.17 423.87 0.00 1,576.13 78.81
-57400-226 MEMBERSHIP DUES 1,334 1,334 206.50 206.50 0.00 1,127.50 84.52
-57400-227 DELIVERY SERVICES 2,500 2,500 0.00 245.08 0.00 2,254.92 90.20
-57400-236 PHOTOGRAPHY / VIDEOS 10,000 10,000 0.00 4,009.00 0.00 5,991.00 59.91
rOTAL PURCHASED/CONTRACT SERV ---.-
36,334 36,334 467.67 4,884.45 0.00 31,449.55 86.56
?LIES
-57400-310 OFFICE SUPPLIES 7,500 7,500 117.87 252.42 0.00 ',247.58 96.63
-57400-355 SUBSCRIPTIONS 1,100 1,100 159.95 159.95 0.00 940.05 85.46
-57400-360 BOOKS & PUBLICATIONS 100 100 0.00 0.00 0.00 100.00 100.00
-57400-365 OFFICE PRINTING COSTS 8,900 Jl,900 0.00 736.31 0.00 8,163.69 91.73
--_.~_.-
fOTAL SUPPLIES 17,600 17.600 277.82 1..148.68 0.00 16.451.32 93.47
:<.ECIATION & AMORT
- --------.--- ---
-~~--_. ---------
rOTAL MARKETING 140,566 140.566 11.479.49 36,759.13 0.00 103,806.87 73 .85
2-02-2009 09:36
BOYNTON BEACH CR
REVENUE & EXPENDITURES REPORT \ uNAUDITED)
AS OF: JANUARY 31ST, 2009
n - GENERAL FUND
SPECIAL EVENTS
JEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
PERSONNEL SERVICES
01-57500-100 PERSONNEL SERVICES 83,262 83,262 10,474.76 29,689.04 0.00 53,572.96 64.34
TOTAL PERSONNEL SERVICES 83,262 83,262 10,474.76 29,689.04 0.00 53,572.96 64.34
PURCHASED/CONTRACT SERV
01-57500-225 ASSOC. MEETINGS & SEMINAR 2,500 2,500 109.09 387.50 0.00 2,112.50 84.50
01-57500-226 MEMBERSHIP DUES 325 325 75.00 350.00 0.00 25.00) 7.69-
TOTAL PURCHASED/CONTRACT SERV 2,825 2,825 184.09 737.50 0.00 2,087.50 73.89
SUPPLIES
01-57500-310 OFFICE SUPPLIES 3,500 3,500 27.28 186.75 0.00 3,313 .25 94.66
01-57500-355 SUBSCRIPTIONS 250 250 0.00 0.00 0.00 250.00 100.00
01-57500-360 BOOKS & PUBLICATIONS 250 250 0.00 0.00 0.00 250.00 100.00
TOTAL SUPPLIES 4,000 4,000 27.28 186.75 0.00 3,813.25 95.33
CAPITAL EXPENDITURES
01-57500-400 EQUIPMENT COSTS 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
DEPRECIATION & AMORT
TOTAL SPECIAL EVENTS 95,087 95,087 10,686.13 30,613.29 0.00 64,473.71 67.80
14
)2-2009 09:36 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
GENERAL FUND
,OYEE BEBEFITS
>RTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
;ONNEL SERVICES
'59000-151 F.I.C.A. 43,345 43,345 4,112.83 12,796.46 0.00 30,548.54 70.48
.59000-152 MEDICARE 9,830 9,830 961.87 3,453.44 0.00 6,376.56 64.87
.59000-153 RETIREMENT PLAN 401(a) 74,512 74,512 250.00 9,003.00 0.00 65,509.00 87.92
'59000-154 WORKERS COMP INSURANCE 6,356 6,356 0.00 0.00 0.00 6,356.00 100.00
'59000-155 HEALTH INSURANCE 53,856 53,856 0.00 17,304.44 0.00 36,551. 56 67.87
'59000-156 DENTAL INSURANCE 3,698 3,698 281.77 1.127.08 0.00 2,570.92 69.52
.59000-157 LIFE INSURANCE 2,614 2,614 0.00 0.00 0.00 2,614.00 100.00
.59000-158 SHORT / LONG TERM DISABIL 3,112 3,112 0.00 0.00 0.00 3,112.00 100.00
.59000-159 UNEMPLOYMENT CHARGES 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
'59000-160 VISION INSURANCE 594 594 39.06 177.96 0.00 416.04 70.04
'59000-161 COMPENSATED ABSENSES 25,000 25,000 3,358.12 3,358.12 0.00 21,641.88 86.57
--
~OTAL PERSONNEL SERVICES 227,917 227,917 9.003.65 47,220.50 0.00 180,696.50 79.28
_._--~._----- ______m__ - ----..--------- ------_._-~
~OTAL EMPLOYEE BEBEFITS 227.917 227.91"; 9,003 .65 47,220.50 0.00 180.696.50 79.28
2-02-2009 09:36 _ .
BOYNTON BEACH C~
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
01 -GENERAL FUND
DEBT SERVICE
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
DEBT SERVICE
OTHER FINANCING USES
01-59800-990 TRANS OUT TO DEBT SERVICE 3,066,581 3,066,581 0.00 0.00 0.00 3,066,581.00 100.00
TOTAL OTHER FINANCING USES 3,066,581 3,066,581 0.00 0.00 0.00 3,066,581. 00 100.00
TOTAL DEBT SERVICE 3,066,581 3,066,581 0.00 0.00 0.00 3,066,581. 00 100.00
16
)2-2009 09:36 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
-GENERAL FUND
\IS FER OUT
\RTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
~R FINANCING USES
-59999-990 INTERFUND TRANSFERS OUT 6,171,419 6,171,419 0.00 0.00 0.00 6,171,419.00 100.00
rOTAL OTHER FINANCING USES 6,171,419 6,171,419 0.00 0.00 0.00 6,171.419.00 100.00
-- --~----- - - -~-----_.._-- - --,.--.----- "--'---
rOTAL TRANSFER OUT 6,171,419 6,171,419 0.00 0.00 0.00 6,171,419.00 100.00
'U, EXPENDITURES
13,052.500
13,052,500
196.727.82
778,114.11
49,064.92 12,225,320.97
93.66
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ --.---------- ------------- ------------- ------------- ------------- -------
~NUES OVER/(UNDER) EXPENDITURES
o
o
139,236.37) 7.816,207.07 (
49,064.92) ( 7,767,142.15)
0.00
2-02-2009 09:36
02 -PROJECTS FUND
FINANCIAL SUMMARY
BOYNTON BEACH C~
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
ORIGINAL
BUDGET
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
REVENUE SUMMARY
FESTIVALS & EVENT INCOME
INVESTMENT INCOME
MISCELLANEOUS
OTHER FINANCING SOURCES
TOTAL REVENUES
EXPENDITURE SUMMARY
OPERATING EXPENSES
CAPITAL OUTLAY
AFFORDABLE HOUSING
ECONOMIC DEVELOPMENT
PROJECTS AND PROGRAMS
TOTAL EXPENDITURES
REVENUES OVER/ (UNDER) EXPENDITURES
0 0 5,810.59 12,065.79 0.00 12,065.79) 0.00
0 0 0.00 1,926.54 0.00 1,926.54) 0.00
300,000 300,000 0.00 0.00 0.00 300,000.00 100.00
6,671,419 6,671,419 0.00 0.00 0.00 6,671,419.00 100.00
6,971,419 6,971,419 5,810.59 13,992.33 0.00 6,957,426.67 99.80
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
465,000 465,000 0.00 0.00 56,760.00 408,240.00 87.79
4,091,279 4,091,279 6,846.80 6,846.80 68,145.00 4,016,287.20 98.17
860,000 860,000 50,000.00) 113,622.44 0.00 746,377 .56 86.79
809,795 809,795 22,859.50 183,007.01 0.00 626,787.99 77 .40
745,345 745,345 4,538.30 133,918.02 0.00 611,426.98 82.03
6,971,419 6,971,419 15,755.40) 437,394.27 124,905.00 6,409,119.73 91. 93
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
0 0 21,565.99 423,401. 94) ( 124,905.00) 548,306.94 0.00
18
)2-2009 09:36 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
-PROJECTS FUND
~NUES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
rIVALS & EVENT INCOME
-44100 FESTIVAL & EVENT INCOME 0 0.0 5,810.59 12,065.79 0.00 12,065.79) 0.00
~~--- .~-_.._-~--~ -- 12,065.79) --
rOTAL FESTIVALS & EVENT INCOME 0 0 5,810.59 12,065.79 0.00 0.00
~STMENT INCOME
-46100 INTEREST INCOME 0 0.0 0.00 1,926.54 0.00 1,926.54) 0.00
---~ ---- 1,926.54)
rOTAL INVESTMENT INCOME 0 0 0.00 1,926.54 0.00 0.00
:::ELLANEOUS
-48100 MISCELLANEOUS INCOME 300,000 300,000.0 0.00 0.00 0.00 300,000.00 100.00
rOTAL MISCELLANEOUS 300,000 300,000 0.00 0.00 0.00 300,000.00 100.00
:;:R FINANCING SOURCES
-49100 OTHER FINANCING SOURCES 500,000 500,000.0 0.00 0.00 0.00 500,000.00 100.00
-49900 TRANSFERS IN 6,171,419 6,171,419.0 0.00 0.00 0.00 6,171,419.00 100.00
- ----..- ---
rOTAL OTHER FINANCING SOURCES 6,671,419 6.671,419 0.00 0.00 0.00 6,671,419.00 100.00
---~,-,---_._--
l\.L REVENUES 6.971.419 6,971,419 5.810.59 13,992.33 0.00 6,957,426.67 99.80
-------------.- -------<--- __________n ---- ---------- -. --- -. - - -.-.--- -'- --------------- --------
---------- .-- ---.--------- .,.-.-------- -. ---------- ------ ~--------- -------------.
:...
2-02-2009 09:36
BOYNTON BEACH CR
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
'2 - PROJECTS FUND
IPERATING EXPENSES
IEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
'URCHASED/ CONTRACT SERV
02-5B100-202 CONTINGENCY EXPENSE
02-5B100-203 CONTRACTUAL EXPENSE
02-5B100-213 LEGAL FEES
TOTAL PURCHASED/CONTRACT SERV
90,000 90,000 0.00 0.00 0.00 90,000.00 100.00
300,000 300,000 0.00 0.00 56,760.00 243,240.00 B1. DB
75,000 75,000 0.00 0.00 0.00 75,000.00 100.00
465,000 465,000 0.00 0.00 56,760.00 408,240.00 87.79
465,000 465,000 0.00 0.00 56,760.00 408,240.00 87.79
TOTAL OPERATING EXPENSES
20
2-2009 09:36 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
PROJECTS FUND
TAL OlITLAY
RTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
TAL EXPENDITURES
58200-400 LAND 650,000 650,000 0.00 0.00 0.00 650,000.00 100.00
58200-404 CONSTRUCTION IN PROGRESS 2,000,000 2,000,000 6.846.80 6.846.80 68,145.00 1.925,008.20 96 .25
58200-405 SITE WORK AND DEMOLITION 75,000 75,000 0.00 0.00 0.00 75,000.00 100.00
58200-406 INFRASTRUCTURE AND STREET 1,366,279 1,366,279 0.00 0.00 0.00 1,366,279.00 100.00
OTAL CAPITAL EXPENDITURES 4,091,279 4,091,279 6,846.80 6,846.80 68,145.00 4,016,287.20 98.17
OTAL CAPITAL OlITLAY 4,091,279 4,091,279 6,846.80 6,846.80 68,145.00 4,016,287.20 98.17
2-02-2009 09:3l
BOYNTON BEACH Cl
REVENUE & EXPENDITURES REPORT \ UNAUDITED)
AS OF: JANUARY 31ST, 2009
12 -PROJECTS FUND
.FFORDABLE HOUSING
lEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
~APITAL EXPENDITURES
02-58300-420 RESIDENTIAL IMPROVEMENT P 160,000 160,000 0.00 0.00 0.00 160,000.00 100.00
02-58300-421 HOME BUYERS ASSISTANCE PR 300,000 300,000 50,000.00) 132,272.31 0.00 167,727.69 55.91
02-58300-473 AFFORDABLE ACCESS PROGRAM 400,000 400,000 0.00 0.00 0.00 400,000.00 100.00
02-58300-474 HOB RESIDENTIAL IMPROV.PR 0 0 0.00 ( 18,649.87) 0.00 18,649.87 0.00
TOTAL CAPITAL EXPENDITURES 860,000 860,000 50,000.00) 113,622.44 0.00 746,377.56 86.79
TOTAL AFFORDABLE HOUSING 860,000 860,000 ( 50,000.00) 113 , 622 .44 0.00 746,377.56 86.79
22
2-2009 09:36 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
PROJECTS FUND
'OMIC DEVELOPMENT
RTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
TAL EXPENDITURES
58400-440 FACADE GRANTS-COMMERCIAL 75,000 75,000 0.00 0.00 0.00 75,000.00 100.00
58400-442 TRANSPORTATION PROGRAM 734,795 734,795 22,859.50 183,007.01 0.00 551,787.99 75.09
.~-
'OTAL CAPITAL EXPENDITURES 809,795 809,795 22,859.50 183,007.01 0.00 626,'(87.99 77.40
'OTAL ECONOMIC DEVELOPMENT 809,795 809,795 22,859.50 183,007.01 0.00 626,787.99 77.40
2-02-2009 09:3~ _1
BOYNTON BEACH C.
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
02 -PROJECTS FUND
PROJECTS AND PROGRAMS
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
CAPITAL EXPENDITURES
02-58500-460 COMMUNITY POLICING INNOVA 475,345 475,345 0.00 67,371. 28 0.00 407,973.72 85.83
02-58500-480 COMMUNITY SPECIAL EVENTS 270,000 270,000 4,538.30 66,546.74 0.00 203,453.26 75.35
TOTAL CAPITAL EXPENDITURES 745,345 745,345 4,538.30 133,918.02 0.00 611,426.98 82.03
TOTAL PROJECTS AND PROGRAMS 745,345 745,345 4,538.30 133,918.02 0.00 611,426.98 82.03
24
02-2009 09:36 AM
-PROJECTS FUND
NSFER OUT - ASSET TRA
'ARTMENTAL EXPENDITURES
:ER FINANCING USES
'AL EXPENDITURES
'ENUES OVER/(UNDER) EXPENDITURES
ORIGINAL
BUDGET
6,971,419
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: JANUARY 31ST, 2009
AMENDED
BUDGET
6,971,419
MONTHLY
ACTIVITY
15,755.40)
YEAR-TO-DATE
BALANCE
437,394.27
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
124,905.00
6,409,119.73
91.93
------------ ------------ ------------- ------------- ------------- ------------- -------
~----------- ------------ ------------- ------------- ------------- ------------- -------
0.00
o
o
21,565.99
423,401. 94) (
124,905.00)
548,306.94
,.tY~,#,.',.c
~ .~~,#,"
/
1I1~~~Y~Te~ eRA
. East Side- West Side-Seas",de Renaissance
eRA BOARD MEETING OF: February 10,2009 - TABLED January 13,2009
~ Consent Agenda I I Old Business I I New Business
Legal I
Other
SUBJECT: Approval of Updated Administrative Policy Manual
SUMMARY: The following includes an update of the Boynton Beach CRA's Administrative Policy
Manual, which has been in place since 2003. Changes were made to make the manual as concise and
relevant as possible to matters of an administrative nature.
Please see the attached "Summary of Changes" sheet for a detailed description of all revisions made to
this policy manual. A copy of the original Administrative Policy Manual is available for review at the
CRA office.
The Administrative Policy Manual was presented to the Board on January 13,2009 and was tabled in
order for the eRA Attorney to make recommended changes. These changes have been implemented and
since reviewed/approved by the CRA Attorney.
Please note that in reviewing this document, the Board may notice that certain attachments are not
included. These attachments have been removed from the Board packet in order to protect proprietary
information, such as passwords, account numbers or any other information that may infringe upon the
safety of CRA accounts.
FISCAL IMPACT: N/A
CRA PLAN, PROGRAM OR PROJECT: N/A
RECOMMENDATIONS: Approve updated Administrative Policy Manual.
~~u~
Ashley Buckley
Administrative Services Manager
T:IAGENDAS. CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Fonns by MeetingIFY 2008 - 2009 Board Meetings\2-10-09 MeetinglAdministrative Policy Manual.doc
Administrative Policy Manual
Summary of Changes
Administration Section:
· Removed Organization of Manual- repetitive infonnation included in Table of
Contents
. Removed staff descriptions and organizational chart as this infonnation is now
provided in the Human Resources Manual
· Removed the Booking of Appointments section - this procedure was established by
the old Executive Director. Due to staff size, current Executive Director books own
appointments
· Removed Newspaper Article Procedures as this falls under the job description of
the Marketing Director and is not an office policy
. Electronic Communication section was updated by CRA Attorney
. Added a section on e-mail account set-up
· Revised Publication, Legal Notices & Legal Advertising to state that any newspaper
of general circulation can be used for posting notices - per CRA attorney
. Removed Document Identification section - we do not require all documents to
have a filename and path
· Updated Agenda Section to include current agenda fonnat, cover sheet fonnat and
distribution list. Also included posting of agenda to our web site 24 hours prior to
meeting.
· Removed Memo Fonnat section - a memo template is provided to staff for
convenience but does not have to be used. Memo fonnats vary according to nature
of memo
. Removed Interoffice Complaint Fonn - part of Human Resources Manual
. Removed Grants Management Section - falls under the purview of the Economic
Development position
Public Records:
. Revised the Public Records Request Procedure to include updated infonnation
provided to us by the clerks office, also included updated Record Request fonn (this
section was moved from Administrative to Public Records)
. Updated procedure to follow protocol for Public Records management
eRA Board:
. Updated procedure for obtaining infonnation from CRA Board
· Removed procedure for CRA Board Rotation and Appointment - per CRA attorney
· Removed procedures for quasi judicial proceedings - per CRA attorney
Page 1 of 3
Festivals and Events:
. This section \vas removed as It falls under the Job description of the Special Events
Director
Public Relations:
. Removed section on Press Releases, Web Site and Design and Distribution of
Promotional Items as these sections fall under the job description of the Marketing
and Communications Director
. Updated section on Public Inquiries and Citizen Complaints to address protocol for
handling these situations
Human Resources:
. Placed notice to refer to updated Human Resources Policy and Procedure Manual
CRA Facilities:
. Removed this section - included old information on location of CRA office.
CRA Equipment:
. Updated the contact information at IT as well as the forms necessary in requesting
assistance from IT
. Updated copier contact and serial number information
. Removed the repair and maintenance information as these services are mcluded in
copier leases
Finance and Budget:
. Removed information on Budget preparation as this falls under the job description
of Finance Director
. Added a section on reconciling bank statements as this involves administrative staff
Purchasing:
. Added section to refer to Finance Director for most updated Purchasing Manual
CRA Consumable Goods:
. Updated process on ordering supplies
. Revised process for surplus office furniture and equipment to require Board
approval for handling of certain items - per CRA Attorney
Page 2 of 3
Risk Management and Insurance:
. Removed section on Work Place Violence as this is part of the Human Resources
Manual
Communications:
. Updated infonnation on telephone services and equipment requests
. Added section on FTP site
Investnlent:
. Removed this section as it falls under the job description of the Executive Director
and Finance Director
Travel:
. Inserted updated and Board-approved Travel Policy
. Added section on protocol for car rentals and insurance
Page 3 of 3
II
III
i/'
1
East SideNWest S'ldeNSeas'lde Renaissance
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
ADMINISTRA TIVE
POLICY MANUAL
2008
I
I
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
TABLE OF CONTENTS
CHAPTER
JADMINISTRATION
Purpose
Enforcement of Provisions
Administrative Directives/Management Policies
Answering of Phones
Smoking/Non Smoking Area
E-Mail
Email Account Set-up
Policy and Procedures, Agenda
Publication, Legal Notices and Advertisements
Delegation of Authority
Staff Meetings
CRA Disaster Plan
Political Activities
Solicitation and/or Literature Distribution
PAGES
1
2
3
4
5
6 -10
11
12 - 16
17
18
19
20
21 - 22
23
!PUBLIC RECORDS
Filing and File Storage Process
Request of Public Record
24-25
26 - 28
ICRA BOARD
CRA Board Members
29
IpUBLIC RELATIONS
Public Inquiries/Citizen Complaints
30
IHUMAN RESOURCES
Human Resources Policy
31
ICRA EQUIPMENT
IT Equipment
Copier
32 - 34
35
iPURCHASING
Purchasing Manual
Supply Orders
36
37 - 38
ICRA CONSUMABLE GOODS
Surplus Office Furniture and Equipment
39
T:\ADMINISTRATIVElAdministrative Policy Manua12008\Table of Contents Numbered,doc
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
~ ____.!~!::E:_ <:)F CONTENTS (CO~1:'L
IRISK MANAGEMENT AND__!~~!!~f~~'-
Worker's Compensation Claims
Fire and Emergency Evacuation Guidelines
40 - 43
45
ICOMMUNICATIONS
Telephone Service, Voicemail
FTP Site
46
47
rrRAVEL___ H_
Travel Reimbursement and Payment
Car Rental
48 - 57
58 - 59
IFINANCE
Bank Statements
60
r \ADMINISTRATIVE\Administrative Policy Manua12008\Table of Contents 1\umbered doc
BOYNTON BEACH COMMUNITY REDEVELOPEMNT AGENCY, FLORIDA
ADMINSTRATIVE POLICY MANUAL
CHAPTER:
Administration
Pages:
1 of 1
SUBJECT:
Purpose
POLICY AND SCOPE:
The purpose is to establish a system of written policy guidelines and procedural directives to
be used in the normal conduct of business of the CRA. The Administrative Policy Manual
shall be applicable to all CRA Departments.
PROCEDURE:
The Administrative Policy Manual provides a common system of written directives for all
CRA Departments. The following are its objectives:
1. To improve the effectiveness of communication among CRA employees, strengthen
administrative operations and provide a consistent approach to CRA problems.
2. To provide interdepartmental guidelines.
3. To establish uniform standards for the distribution of policy guidelines.
4. To use this manual as a training and informational document for new personnel.
T:\ADMINlSTRATIVElAdministrative Policy Manual 2008\1_ Administration Section\I,O _ Introdution to Manu.1.doc
-1-
BOYNTON BEACH COMMUNITY REDEVELOPEMNT AGENCY, FLORIDA
ADMINSTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGES: 1 of 1
SUBJECT:
Enforcement of Provisions,
POLICY AND SCOPE:
Each managerial and supervisory employee is responsible for:
1. Ensuring that all work performed under his or her authority conforms to the
policies, procedures and standards set forth in the Administrative Policy Manual
2. Informing each employee under his or her jurisdiction of changes and additions to
this Manual which may apply to that employee's job.
3. Training new employees under his or her jurisdiction in the use of this manual and
the policies set forth herein, as they may pertain to a particular job.
PROCEDURE:
Each CRA employee is responsible for:
1. Familiarity with the contents of this manual and conformance with the policies,
procedures, and standards set forth herein as they may apply to the performance of
his or her job.
2. Submission of suggestions to improve, update or clarify the provision of this manual
so that it continues to meet the needs of the CRA and its employees.
T:\.ID1{[NISTR..ATIVE\~-\dministrative Policy !\hnual 2008\1_ _.-\dministration Section \, 1.5_ enforcement of provisions.dOl
_?-
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGE: 1 of 1
SUBJECT:
Administrative Directives /Management Policies
POLICY AND SCOPE:
This policy briefly lists administrative directives and management policies. The CRA is a "team"
and a viable key to "team work." is communication between employees, CRA Executive Director
and the CRA Board concerning, issues, etc. expressed. Your cooperation in fostering this concept
will help ensure a well-managed and efficiently operated CRA.
PROCEDURE:
1. The CRA Executive Director expects to be kept fully informed of department
operation/ activities at all times and in your absence, then by the next person in command.
Communication can be made either verbally or in written form.
2. The CRA Executive Director expects to be notified of all emergency situations at the time
they occur or shortly afterwards, either at the office or at her cell phone.
3. The CRA Executive Director expects that management memorandums/work
directives/information requests from her office be acted on and disposed of in an efficient
and timely manner. Promptness is very important.
4. The procedures for having items placed' on the CRA Board agenda for CRA Board
consideration will be as set forth in a forthcoming memorandum. The time schedule must
be met for proper and efficient agenda preparation, and you will be responsible for meeting
these deadlines.
5. The CRA Executive Director shall be kept informed before initiating work. on special
projects.
T:\ADMINISTRATIVE\Administrative Policy Manual 2008\1_ Administration Section\L75 _administrative directive,doc
-3-
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGES: 1 of 1
SUBJECT:
Answering of Phones
POLICY AND SCOPE:
It is the policy of the Community Redevelopment Agency (eRA) to answer the phones in a
professional manner, obtain as much information as possible from the party and direct the call
accordingly with discretion.
PROCEDURE:
The phones must be answered according to the guidelines listed below:
1. The greeting must include the title "Community Redevelopment Agency" or "eRA" and
name of the speaker.
2. The speaker must then obtain as much information from the party in order to direct thel1
call accordingly. Information should include the caller's name, company they work for,
phone numbers and reason for call. Information should include the project name, problem
or issue, location of issue or problem, party's involved and additional information that 1~
needed to direct the phone call to the proper person. This will also filter any solicitors, sales
calls, ete.
3. If the staff member is unavailable to take the call, calls may be transferred to voicemail or
the speaker must obtain the party's name, business in which he or she is from, phone
number and a brief description of the purpose of the call and record based on preference ot
staff member. Sign and date the message.
T:\_.-\.DlvITNISIR..-\TIVE\_-\dministrative Policy Ivfanua12008\ 1_ :\dministr.lDon Section \ lj\nswering of Phones Poliq.doc
-4-
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGES: 1 of 1
SUBJECT:
Smoking IN on Smoking Area
POLICY AND SCOPE:
It is the policy of the Community Redevelopment Agency (CRA) to designate smoking and non-
smoking areas within CRA owned buildings.
PROCEDURE:
1. There will be NO SMOKING in the CRA Office.
2. All areas will be considered NON SMOKING areas unless otherwise designated by the
eRA Director.
3. All employees are responsible for compliance within the facilities which they operate.
T:\_IDMINISTR.~TIVE\_-\dministrative Policy Manual 2008\1_ _~dministration Section \3_Smoking Non Smoking _-\rea Policy.doc
-5-
BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGES: 1 of C:,
SUBJECT:
Electronic Communication (E-mail)
POLICY AND SCOPE:
The purpose of this policy is to establish the proper use of electronic equipment systems and/or
communication tools provided by the Boynton Beach Community Redevelopment Agency (CRA) to
its employees for the purpose of performing job functions, including communication, infonnatiol1
exchange and research.
It is not the intent of this policy to confirm or establish any privacy rights of an individual employee
Employees do not and should not have any expectations of privacy for information contained in any
communication system located in CRA premises, or used for CRA business through telecommuting
from off-site locations.
SCOPE:
This policy covers all employees who use or have access to Boynton Beach eRA electromc
communications systems.
DEFINITIONS:
Electronic Mail (E-Mail) - Electronic correspondence composed and/or sent using electromc
mail applications to recipients internal to the CRA, or to outside recipients using CRA gateways for
delivery via the internet. For purpose of this policy, "Transmitting" an email message includes
sending, replying to, or forwarding any portion of an email message created or received to another
patty via the CRA email system including CRA email relayed to and from the CRA server via an
Internet Service Provider (ISP).
Internet - A collection of computer networks that spans the globe, connecting government,
military, educational and conunercial institutions, as well as private citizens to a wide range of
computer services., resources, and information. A set of network conventions and common tool~
are employed to give the appearance of a single large network, even though the computers that are
linked together use many different hardware and software p1atfonns.
Intranet - A contained collection of computers and networks within the CRA connecting the
members and/ or employees of the CRA to a range of computer services, resources and information
Extranet - An extranet is a collaborative network that uses internet technology to link businesses,
or other entities, with their suppliers, customers, or other businesses or entities that share common
goals. An extranet can be viewed as part of an intranet that is made accessible to other entities or
,..,." '.............. ....,.......,...,.. ''''''''''HT"'\ ,. . '. .' __ Tl.I:_l,Ja_..^' "/"'0\ 1 .i ...I~;....;...~.....h"n c;""'~;nn 1,4 Fl..rl1"nnir \.nmml1n;r~tinn<: ('F;' .,....,...,]) rlrv
that is part of a collaborative effort with other entities. The shared information may be accessible
only to the collaborating parties or, in some case, may be public.
PROCEDURE:
Email Systems:
A. Use:
The e-mail system is made available to employees by the CRA to assist in carrying out the business
of the CRA. The system permits authorized users to communicate with each other internally and
with outside individuals, business, and other service providers. Each employee who is authorized to
use e-mail for CRA business will be assigned a CRA e-mail address by the CRA.
Use of the CRA e-mail system is intended for CRA public business. Although incidental personnel
use is permissible, it is not encouraged and employees should limit their personal use of the e-mail
system. Incidental use of the e-mail system is defined as occasional casua~ minor, or insignificant use
that does not impact upon an employee's duties or impede business-use operations.
Should employees make incidental use of the e-mail system (including internet e-mail) for the
purpose of transmitting or receiving personal messages, those messages will be treated the same as
any other messages on the system (i.e. the CRA reserves the right to access, review, copy, or disclose
them for any purpose). Accordingly, authorized users should not use the email system to send,
receive, or store any messages that they wish to keep private. CRA employees should have no
expectation of privacy when using or accessing the CRA e-mail system. To the contrary, all email
communications are subject to review and inspection without notice to employees.
The CRA Executive Director or his/her designees, reserves the right to access, review, and copy all
email messages for any purpose and to disclose them to any party (inside or outside of the CRA) as
the Director deems appropriate. This includes the right to install software that monitors email and
internet usage. The CRA shall not be liable for, assume any legal responsibility for, or bear any costs
arising out of email communications flowing in or out of the CRA computer system that are not
sent for or in connection with CRA business or which are sent in violation of this policy.
No e-mail messages or information should be created, sent, or forwarded which a reasonable person
would construe to be intimidating, hostile, or offensive in nature, or which are discriminatory on the
basis of race, color, religion, sex, national origin, sexual orientation, disability, or any other basis that
is unlawful under applicable state and federal law. Nor should any obscene, profane, abusive or
offensive language be transmitted. A violation of this policy is grounds for disciplinary action up to
and including discharge.
No e-mail or other electronic communication may be sent which hides the identity of the sender or
represents the sender as someone else. All messages communicated on the eRA email system
should contain the sending employee's name, title, business address and phone number.
Employees are prohibited from allowing use of the CRA e-mail system by any person not authorized
by the Executive Director to use the system. The CRA bears no responsibility for any consequences
T:\ADMINISTR.-ITIVE\Administrative Policy M:lnua12008\I_Administration Section\4_Elec:ttonic Communications (E-mail),doc
-7-
resulting from any employee who uses the e-mail system for any fraudulent, or other lllicit pm-post"
or contrary to the provisions of this policy.
Any employees who become aware of misuse of the CRA e-mail system must immediately report
the misuse to the Executive Director and to the City ITS Director,
B. Viewing and Protecting E-Mail Messages:
Employees should exercise caution when accessing their messages in the presence of others. E-mail
windows should not be left open on the screen when the computer in unattended. Users shall not
allow any other person to use their name and password to gain access to an e-mail system
Passwords are required and should be changed regularly. The Executive Director, in consultation
with the City IT Director, reserves the right to impose guidelines requiring mandatory password
changes and encryption measures to provide additional measures of security.
C. Storing and Deleting E-Mail Messages:
The ITS Department discourages the storage of large numbers of e-mail messages. Retention (If
messages consumes space on the network server andlor individual hard disks and can reduce thelr
performance. Correspondingly, Florida public records law requires that public records be maintained
for specified periods of time. Accordingly, employees should delete any e-mail messages they send
or receive only when deletion is in accord with City ITS Department database managemenr
guidelines on memory storage size limits.
ITS has implemented the following e-mail guidelines to provide proper security, virus protection and
stability to the CRA e-mail enterprise system;
. Users with more than SO-mb of messages will be issued a warning message.
. Users with more than 60-mb will not be allowed to send messages, but \\rill continue tn
receive messages until they clean-up and get below the 60-mb limit.
. Users with more than 70-mb will not be able to send or receive e-mail messages until
cleanup has been completed and the user is below the 60-mb limitation.
ITS is recommending archival or deletion of e-mail messages if no longer required. Archival
information and instruction is provided in the public folders and the CRA's Intranet.
D. Copyrighted Information:
Use of the e-mail system to copy andlor transmit any documents, software or other information
protected by the copyright laws, without proper authorization by the copyright owner, is prohibited
Copyright protection applies to any document, photo, software, or information unless it lS
specifically marked as public, not copyrighted, or freeware. In the absence of any specific copyright
markings, material or information should be considered copyright protected. The CRA assumes no
responsibility for reviewing, ascertaining or policing copyrighted material that may be transmitted tn
or from the e-mail system by employees.
-A-
E. E-Mail Etiquette:
Please bear in mind that your e-mail messages may be read by someone other than the addressee,
and may even have to be disclosed to outside parties, including courts in connection with litigation.
In accordance with the Florida Sunshine Law, and its amendment, e-mail and internet infonnation
(i.e. sites visited) are subject to disclosure in response to a public records request. Accordingly,
please take care to ensure that your messages are courteous, professional, and businesslike.
Voice Mail, Facsimile, and EDI Systems:
To the extent applicable, all above policy provisions related to e-mail systems shall apply to any
voice mail, facsinllle, or EDI (Electronic Data Interchange) system owned or operated by the CRA.
Restrictions on access of these systems by others will only apply where password controlled access is
established (i.e. it is pennissible for someone to leave a message in your voice mailbox, but other
persons should not be given the password to access your voice mailbox.) EDI is defined as any
electronic exchange of data, including modem-to-modem transfers.
Municipality Internet, Intranet and Extranet Guidelines:
As with e-mail, the CRA provides internet access solely to facilitate the conduct of CRA business as
a public sector provider. Access to the internet may be limited at the sole discretion of the CRA.
This includes the use of filtering software to bar access to certain internet addresses. Employees are
expected to use the internet, intranet and extranet at all times in the manner that benefits the CRA.
The downloading and installation of software programs onto a CRA computer or onto a CRA
network server must be approved by the department head/supervisor along with coordination and
approval from the ITS department. The CRA accordingly does not allow its employees to (1)
recreational (non-CRA business) use of the internet, intranet and/or extranet, (2) provide access to
news groups or other internet sources that are not clearly work-related, or (3) provide assistance to
users attempting to do (1) or (2) on their own.
The following activities on the internet, intranet, or extranet are specifically prohibited and may
result in disciplinary action up to and including discharge.
· Using the internet, intranet, or extranet for personal gam or for commercial activities
unrelated to the CRA.
· Sending Privileged Infonnation or CRA Restricted Infonnation.
· Accessing pornographic sites or sending materials that are threatening, intimidating, hostile,
offensive, or discriminatory on the basis of race, color, religion, sex, national origin, sexual
orientation, disability, or any other basis is prohibited by applicable law. In addition, the
receipt or forwarding of such material and/or showing such materials to co-workers is
strictly prohibited.
· Copying or otherwise converting protected electronic infonnation.
· Violating copyrights or trademark laws.
· Making any unauthorized attempt to break into another organization's computer system.
· Using the internet, intranet, or extranet for any activities not specified here that are in
violation of Federal, State or local Laws.
T,\-IDlvllNISTRATIVE\Admini,tr.ltive Policy Manual 2008\C Administr.ltion Section \4-.EIectronic Communications (E-mail).doc
-9-
. Downloading programs which modify the user's computer operating systems, unless consem
to do so is granted by the Executive Director and City ITS Department.
Other Data Services:
The eRA may establish accounts with dial-up data services and will make these services available to
individual employees as necessary. Such services may only be used by employees who have been
granted authorization so that we are able to manage the security and administrative aspects of the
account. Use of data services is limited to business only; personal or entertainment use ["
prohibited.
RESPONSIBILITY:
The Executive Director will be responsible to grant access to eRA employees by approving and
signing the initial request for internet access fonn. The signed form should be sent to the City ITS
department to be processed. ITS will require the employee to sign this policy before granting fInal
access.
_1()_
BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
Pages: 1 of 5
SUBJECT:
E-mail Account Set-up
POLICY AND SCOPE:
The procedure below includes instructions on email account set-up on the uses main computer or
on an additional computer.
PROCEDURE: (print screens can be viewed in Attachment "B")
1. First ensure that Network Authorization had been completed (see IT Equipment).
2. Double click the Microsoft Oudook icon and then click next.
3. In the following screen select Yes and click Next.
4. In the Server type, check the circle next to Microsoft Exchange Server then click Next.
5. In the Exchange Server Settings box type MAIL1 and be sure to uncheck the box next to
Use Cached Exchange Mode.
6. In the User Name Field, type in your last name and first name and then click the Check
Name Button to verify your user name. Click Next
7. Click Finish
T:\ADMINISTRATIVElAdministrative Policy Manual 2008\1_ Administration Section\4.5 _ Email set-up,doc
-11-
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGES: 1 of 5
SUBJECT:
Policy and Procedures- Agenda
POLICY AND SCOPE:
It is the policy of the Community Redevelopment Agency (CRA) to present the agenda and backup
information to the CRA Board in a systematic manner.
PROCEDURE:
1. The Agenda is developed and saved into d1e Agenda File Folder in the appropriate year.
Attachment "B" is an example of an Agenda.
2. The Agenda will be presented to the CRA Executive Director for additions, deletions and
approval. Staff will work on obtaining and assembling all documentation.
3. All Agenda items will have an Agenda Item Request Form (see Attachment "C") except
CRA Minutes.
4. The fmal Agenda and backup documentation will be presented to the CRA Executive
Director for approval.
5. The Executive Director ,:vill meet ,vith each Board member to discuss any agenda question ~
prior to the meeting.
6. Staff will number each page of the Agenda and then make 18 copies of the Agenda and
backup by Thursday prior to the CRA Board meeting, and distribute them to the Board
Packet Production List (see Attachment "D").
7. Staff will then scan the entire board packet and post on the City's "S" Drive for access by
city employees who do not wish to receive hard copies. A completed scanned copy should
also be placed on the T Drive under Agendas/Consent Agendas/Monthly Reports/Board
Packets Complete and Scanned.
8. Staff will also post the agenda on our web site at least 24 hours prior to commencement of
meeting.
9. 30 additional copies of the agenda and the quasi-judicial should be made and taken to the
Board meeting for attendees from the public.
T:\.illrvrn'JISTR.-\TIVE\Administrabve Policy Manual 2008\1_ .-\.dministration S\':crion \ 5_+A..genda Policy & Procedures doc
-1?-
Attachment liB"
~~~ctY~T2~ C RA
Ii East Side-West SIde-Seaside Renaissance
If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a
record of the proceedings, and that, for such purpose, he or she may need to ensure that a 'Verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
CRA Board Meeting
Tuesday, April 8, 2008
City Commission Chambers
6:30 PM
I. Call to Order - Chairman Jerry Taylor
ll. Pledge to the Flag and Invocation
Ill. Roll Call
IV. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
V. Announcements & Awards:
A. Oceanfront Concert by Eloquence Apri118, 2008 from 6-9 PM at
Park
Oceanfront
VI. Consent Agenda:
A. Approval of the Period-Ended March 31, 2008 Financial Report
B. CRA Policing District Stats for the Months of February and March 2008 (Info.
Only)
C. Boynton Beach CRA and Trolley Website Updates (Info. Only)
VII. Pulled Consent Agenda Items:
T:\ADMlNISTRATIVE\Administrative Policy Manual 2008\Administrative Policy Manual 2008,doc
-13-
VIII. Public Comments: (Note: comments are limited to 3 minutes in duration)
IX. Public Hearing:
Old Business:
New Business:
X. Old Business:
A. Consideration of Second Amendment to DIF A between the CRA and
Boynton Waterway Investment Associates
B. Consideration of Renewing Lease with Boynton Waterway Investment
Associates
C. Consideration of Special Events lnterlocal Agreement
D. Consideration of Renewing Lease with Jesus House of Worship
XI. New Business:
A. Consideration of Purchasing Property Located at 114 NE 5th Ave.
B. Discussion of Current CRA Continuing General Contract Agreements
XII. Future Agenda Items
XIII. Comments by Staff
XIV. Comments by Executive Director
XV. Comments by CRA Board Attorney
XVI. Comments by eRA Board
XVII. Adjournment
""'.\ AT"l.ll Kn.TTC'''rn.l. 'T'n~\ A .1_:_:..+....+:.... D^I:..... }.1'I"......"..1 "1I"\no\ ^ .:1....:...:..+....+;".. 1)....1;,..,1 l\""~nll~l 'r'lnR n",,..
-14-
Attachment "e"
",' \ Ir......
( v.:~
, \.
f
1!~~qy~T2~ eRA
. East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: Date
I X I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other I
SUBJECT: Subject
SUMMARY: Summary
FISCAL IMPACT: Fiscal Impact
CRA PLAN, PROGRAM OR PROJECT: eRA Plan
RECOMMENDATIONS: Recommendations
Lisa Bright
Executive Director
T:\ADMINISTRATIVE\Administrative Policy Manual2008\Administrative Policy Manual2008.doe
-15-
Attachment" DIt
eRA Board Packet Production List.. (18 Copies)
.______._.______,___ ~__._..___.__"_______._____._.."'"_V______...._.,,_____.,._....___u._. _____ .._ ._"__.__.,
Board Members / City Commission
Chairman Jerry Taylor -- deliver to home
Vice-Chair Jose Rodriguez- deliver to city
Board Member Woodrow Hay- deliver to home
Board Member Ronald Weiland- deliver to home
Board Member Marlene Ross-deliver to home
City Manager's Office
Kurt Bressner - deliver to city
Carisse Lejeune -- post on the S Drive
City / CRA Attorney
James Cherof - deliver to city
Chamber of Commerce
Glenn Jergensen - 639 E. Ocean Avenue
Director of Development
Quintus Greene - deliver to city
Director of Planning & Zoning
Mike Rumpf - deliver to city
City Clerk's Office
Janet Prainito
CRA Staff
Lisa Bright - put in her binder
Susan Harris -- put in her binder
Vivian Brooks - put in her binder
STAFF - put in binder
Sun-Sentinel
Erika Pesantes - deliver to city
Palm Beach Post
Mitra Malek - deliver to city
30 extra copies of Agenda and Quasi-judicial forms to be placed in rear of chambers
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Monthly Board Meeting Packet Information\CRA Board Packet DISTRIBUTION List.doe
-1R-
BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGES: 1 of 1
SUBJECT:
Publication. Legal Notices & Legal Advertisements
POLICY AND SCOPE:
It is the policy of the Community Redevelopment Agency (eRA) to post Legal Notices and Legal
Advertisements that are consistent and in accordance with the law.
PROCEDURE:
1. The originating department or employee will prepare the legal notice and/or advertisement
and present the copy to the CRA Executive Director for approval.
2. Once the approval is given and the date for publication has been established then the
employee or department will call a newspaper of general circulation and request a price for
the advertisement you wish to place.
3. A copy of the legal notice and/or advertisement and the price quote are given to the
Controller for billing purposes.
4. A copy of the legal notice and/or advertisement shall also be kept on the T Drive under
Administrative/Legal Public Notices with the File Path Name and Location noted on the
documen t.
T:\,-\D1UNISTRATIVE\Adrrunistrattve Policy Monual2008\1_Adminislr.ltion Section\7]ublicetion, Legal Notices & Legal Advertistmentt.doc
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BOYNTON BEACH COMMUNITY REDEVLOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGES: 1 of 1
SUBJECT:
Delegation of Authority
POLICY AND SCOPE:
It is the policy of the Community Redevelopment Agency (eRA) to designate the delegation of
authority process to the Executive Director in which he or she will have the ability to delegate an
authoritative figure in his or her absence.
PROCEDURE:
If the Executive Director needs to be absent from his or her office for a period of one full day or mort.
whether for business or personal reasons, that Executive Director shall designate, in writing (either
memorandum or e-mail) to the CRA Board, an Acting Executive Director to be in charge in his or her
absence.
An Acting Executive Director shall be presumed to have been delegated full authority to act on
behalf of the CRA Board unless specific limits to the scope of authority of the Acting Executive
Director.
The Executive Director is also required to provide a telephone number where he or she may be
reached during the absence or indicate the individual in the department who has access to such
information.
r.\ADMINISTRATNE\Administrative Policy Manual 2008\1_ Administration Seetion\7.5 Delegation of Authority Policy doc
_1Q_
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGES: 1 of 1
SUBJECT:
Staff Meetings
POLICY AND SCOPE:
It is the policy of the Community Redevelopment Agency (CRA) to assign a date and time for a
monthly staff meeting in which all CRA staff members must attend.
It is also the policy for the CRA to hold a weekly meeting for all management level staff.
PROCEDURE:
Staff meetings will be held at the CRA Office at the direction of the CRA Executive Director. The
purpose of these meetings is multitudinous and can be briefly outlined as follows: to make each
other aware of major actions and functions your respective department is undertaking, or for that
matter contemplating; to review, assess and/or write/rewrite rules and procedures governing the
general operation of the CRA; to become involved in educational training exercises and varied
learning experiences pertinent to the operation of your department as well as a total scope of the
CRA services; to review and prepare for upcoming Board Meetings; and last to communicate any
feelings you may wish to discuss regarding CRA operations/management.
Staff members' presence at these staff meetings is mandatory. Therefore, calendars must be marked
accordingly. If a staff member cannot be present for whatever reason, i.e. sick, vacation,
conferences, meetings, etc. he or she is responsible for following up with another staff member to
obtain the notes.
Full monthly staff meetings will typically take place at 10:00 am the Wednesday after monthly Board
meetings. This meeting date and time can be changed at will by the Executive Director.
Weekly management meetings will typically take place at 12:00 noon on Mondays. This meeting
date and time can be changed at will by the Executive Director.
T:\.IDMINISTR.ATIVE\Administrative Policy Manual 2008\1_ Administration Section \8_ Staff Meetings Policy.doc
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BOYNTON BEACH COMMUNITY REDEVELOPEMENT AGENCY, LORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGES: 1 of I
SUBJECT:
CRA Disaster Plan
POLICY AND SCOPE:
The purpose of this policy is to establish a proper plan to secure the infon-nation and
technology of the CRA.
PROCEDURES:
The Boynton Beach Community Redevelopment Agency will adhere to all City of
Boynton Beach Disaster Recovery Plans.
Computer Files
All back up copies of disks are maintained in a fireproof cabinet.
Property
The CRA does not maintain real property at this time.
Hurricane Preparedness
24 HOURS - WARNING
In the event a hurricane warning is issued for this area during normal \\lorking hours, ALL
EMPLOYEES are responsible for the following procedures:
. Remove and place loose papers and/or flIe folders inside desks or flIe cabinets
. Turn off all equipment/computers, unplug all equipment/computers from wall sockets
and move away from windows. Wind cords up and tie them prior to storing together.
Wrap/tape computers in heavy-duty garbage bags
. Place all equipment in heavy-duty garbage bags,
. Cover mail equipment and copying machine with garbage bags or plastic covering and
tape,
. Properly turn off typewriters and wrap in heavy-duty garbage bags,
. Properly turn off HP Laser Printer and 1700 Inkjet Printers. Wind and tie cords up prior
to storing, and wrap in heavy-duty garbage bags,
. Roll or fold maps into one stack. Put maps into heavy-duty garbage bags, plastic or
Vis queen,
. Remove any documents that may be on flie cabinets and place in empty flIe cabinet
drawers labeled properly.
T:\_ID1\.[DJISTR.:\TIVE \Administrative Policy r....1anual 2008\1_ .-\dmimstration Section \9_CRA Disaster Recovery Plan 2.0L
1')/"1
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGES: 1 of 2
SUBJECT:
Political Activities of CRA Staff
POLICY AND SCOPE:
The purpose of this directive is to encourage employees to participate in their constitutionally
guaranteed rights of expression as individuals, but to remove any potential conflicts of interest
associated with political activities in the work place. The further purpose of this directive is to give
employees a clear understanding of what are acceptable political activities and what are not
acceptable political activities while on the job as an employee of the Boynton Beach Community
Redevelopment Agency (CRA).
PROCEDURE:
Any person holding a position with the CRA shall have the same right to take part in political
campaigns and to exercise their rights of franchise as any other citizen, except that no employee of
the CRA shall engage in any political activity during his or her hours of work with the CRA.
As an individual, each employee retains all rights and obligations of citizenship provided in the
Constitution and laws of the State of Florida and in the Constitution and the laws of the United
States, however, no employee shall partake in any political campaign while on duty or within any
period of time during which he/she is expected to perform services for which he/she receives
compensation from the CRA. By law, individual political campaigning is not to occur on CRA
property, therefore, CRA employees, as well as any other citizen, may not take part in any political
campaign on any CRA owned property (except at approved political events) whether on duty or off
duty.
Campaign material or campaign literature may not be posted or displayed in CRA buildings or in
employee work areas.
Individual employees are encouraged to participate in the political process only when off duty.
EXAMPLES:
. Employees, as individuals, may wear campaign buttons, tee-shirts, jackets and other campaign
clothing, except while on duty and/or in CRA building or on CRA grounds. Employees may
not post or display any campaign materials or campaign literature in their work areas.
. Employees may place bumper stickers on their cars and park those cars in CRA-owned parking
lots, but employees may not pass out campaign literature in CRA-owned parking lots whether on
duty or off duty.
T: \.IDMINISTRA TIVE\Administrative Policy Manual 2008\ 1_ Administration Section \ 1 O]olitical .-I.etivities Policy.doc
-21-
. Employees, as individuals, may participate in a telephone bank during off duty hours, making
phone calls on behalf of candidates, but may not make telephone cans on behalf of candidate~
while on duty or while in CRA building or on CRA grounds. Employees may not idenhfy
themselves as employees of the Boynton Beach CRA or give the impression rhat the "CRA" is
supporting a particular candidate while campaigning or soliciting on behalf of a candidate
. Employees may not use any CRA equipment (especially copiers or fax machines) in support' >t
any candidate or political campaign.
. Employees, as individuals, may participate in campaign rallies while off-duty.
. Employees, as individuals, may speak on behalf of political candidates, except while on duty and
except while in CRA building. "Speaking on behalf" is not interpreted to mean private
conversations between individuals.
T:\_ID!\UNISTR..-\.TIVE\Administrative Policy l\.[anuil 2008\1_ .Administration Section \lO_Political_A.ctivities Policy.doc:
t'lt'l
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY~ FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Administration
PAGES: 1 of 1
SUBJECT:
Solicitation and/ or Literature Distribution
POLICY AND SCOPE:
The purpose of this policy is to set forth the Community Redevelopment Agency's (CRA)
regulations regarding solicitation or literature distribution by anyone, whether employed by the CRA
or the general public during working hours and on CRA property.
PROCEDURE:
The CRA prohibits employees or the general public from soliciting other employees or distributing
literature in connection with non work-related causes, commercial pursuits, groups, or interests.
1. PROHIBITED SOLICITATION:
Employees are prohibited from soliciting other employees or distributing literature during working
hours. Solicitation includes, but is not limited to:
~ asking employees for funds or contributions
~ offering goods for sale (whether for charitable or for commercial purposes)
~ asking employees to sign a petition
~ requesting employees to join or become a member of a group
~ soliciting an employee's support for a political candidate
~ requesting an employee's support or commitment with respect to causes, groups, or interest
2. USE OF CRA FACILITIES:
Employees are strictly prohibited from using CRA owned facilities in connection with any
solicitation or literature distribution activities. This restriction applies regardless of whether
employees are on, or off duty. For purposes of this restriction, CRA owned facilities includes, but is
not limited to: telephones, e-mail, fax machines, computers, interoffice mail, voice mail, and
photocopiers.
3. DISCIPLINE:
Employees who violate this policy are subject to disciplinary action as noted m the Human
Resources Manual.
T:\.illlVlINISTR....TIVE\....dministoative Policy Manuol2008\1_Administration Section\ll_ Solicitation - Litenture Distribution Policy.doc
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BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Public Records
PAGES: 1 of 4
SUBJECT:
Filing and File Storage Process
POLICY AND SCOPE:
It is the policy of the Community Redevelopment Agency (eRA) to maintain an accurate, orderlv,
organized and functional filing system as well as a system of keeping track of f1les that are in use.
PROCEDURE:
A filing system must be created in order to separate and organize documents, papenvork, etc. There
are filing cabinets in the CRA Office which are labeled according to the f1les they contain. The\,
must be updated every time more f1les are added to the filing cabinet.
When f1les are removed from their location, Staff must insert his or her assigned colored tab WltJl
his or her name on it into the f1le in order for other Staff to recognize and know who has possession
of the missing f1le.
In-Office Files should be organized as instructed below:
1. Staff must label every manila folder and hanging folder with the documents and/or
papenvork they contain and ftie in the coinciding filing cabinet in alphabetical order.
2. An assigned Staff member will monitor all files to ensure that they are organized and
complete.
3. Once the office f1le re-organization project is complete. a master f1le listing, by cabinet, will
be attached. (2/3/2009)
There are also f1les located in our off-site storage unit. When a staff member is seeking information
from these f1les or would like to send f1les to the storage unit they should contact the Administrative
Services Manager who will complete the following process:
Storage Unit filing process:
1. Place all f1les to go to storage in a cardboard storage box and give box to the Administrative
Services Manager
2. Administrative Services Manager will label all contents on the outside of the box with a f1le
storage marker, see Attachment "A". Information on the storage marker includes, box
number, box contents and a destroy date. Destroy date can be determined by talking \vith
T:\~ID1\UNIS1R:\TIVE\Administrative Policy ~hnu-al 2008\2_Public Records Retention \l_Pubhc Records Retention Combined. doc
_')11-
the Finance Director, who has completed a course in record retention. Marker should be
placed on the front and top of the box.
3. Administrative Services Manager will update the spreadsheet titled "Items Sent to Storage,"
see Attachment "B" and take items to storage, placing them in numerical box order on the
shelves.
4. If a file needs to be pulled from storage please see Administrative Services Manager who will
retrieve the correct box for you.
T:\..>JJlvlINISTR.-\TIVEV..dministrative Policy Manual2008\2_Public R<cords R<tention\l_Public Records Retention Combined.doc
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BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Public Records
PAGES: 1 of 3
SUBJECT:
Request of Public Records
POLICY AND SCOPE:
The policy of the Community Redevelopment Agency (CRA) 1S to fulfill all requests for publ1c
information through a proper request format, which includes the submission by the media or partv
of the specified information below.
PROCEDURE:
The procedure for attaining publications and/or documents through the CRA is as follows:
The requesting party may obtain the documents and/or publications and view them at the
Community Redevelopment Agency (CRA) office or have them e-mailed or faxed without charge.
Paper copies shall be furnished upon payment of .15 cents per page for one-sided copies and .20
cents per page for two-sided copies. Certification of documents shall be charged at $1.00 per
document.
1. The CRA will supply a "Request for Public Record Information" form (ATTACHMENl
"C") to the requesting party. Please note that it is not a requirement that this form be
completed in order to provide the requester with the information. If the requester does n01
wish to complete and or sign the form, please fill out as much information as possible and
keep it with a copy of the information provided. The form will include the following
information:
a. Name of Party
b. Address of Party
c. Phone # of Party
d. Fax # of Party
e. Email of Party
f. Information Requested
g. Signature of Requesting Party
h. Date of Request
1. Employee Completing Request
). Date Completed
2. The publications and/or documents requested will be prepared by CRA staff, screened for
exempt materials and held in at the front desk for pickup.
3. A copy of the Requested Information and the Request for Public Record Information will
be retained in the CRA office.
T:\.illl\nNISTR..~TIVE\_A.dministrative Policy lvIanuall008\2_Public Records Retention \2_Requf"st for Public R.l=cords,doc
,,~ ....
4. All monies collected during a request for Public Record Information should be placed in an
envelope and given to the finance department, along with a copy of the request for Public
Record Information form.
T:\.-IJ)IIIINISTR....TIVE\....dministrative Policy Monual2008\1_ ....dministration Section \4_Request for Public Records.doc
-27-
Attachment 'It I'
\'~""o..
," ~
r .
1IJ~~~Y~T2~ eRA
. East Side....VVest S'I de"" Seas'. de Rena'lssance
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
915 South Federal Highway
Boynton Beach, FL 33435
Tel: 561-737-3256/Fax: 561-737-3258
REQUEST FOR PUBLIC INFORMATION
REQUEST SUBMITTED BY:
NAME:
ADDRESS:
PHONE:
FAX:
EMAIL:
INFORMATION REQUESTED:
SIGNATURE OF REQUESTING PARTY:
DATE OF REQUEST:
EMPLOYEE COMPLETING REQUEST:
DATE COMPLETED:
The requesting party may request to view the documents at the CRA Office or
have them e-mailed to the requesting party without charge. Paper copies shall
be furnished upon payment of $ 0.15 per page - one sided and $ 0.20 per page -
two sided. Certification of documents shall be charged at $ 1.00 per document.
T:\ADMINISTRATIVE\Forms\Request for Public Information.docALL GENERAL INFORMATION AND FORMS\Forms,
Brochures, Public Reports\Request for Public Information
1)0
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
CRA Board
PAGES: 10f2
SUBJECT:
CRA Board Members
POLICY AND SCOPE:
It is the policy of the Community Redevelopment Agency (CRA) to maintain a list of current CRA
Board Members and applications on file in the CRA Offices.
PROCEDURE:
Staff must be aware of preferences of the CRA Board members as to how they would like to receive
any information designated for them. They may prefer to have documents and/or paperwork faxed,
emailed.mailed or hand delivered.
1. The Administrative Services Manager will be responsible for obtaining all pertinent
information from the CRA Board Members
2. Once all information is obtained it will be placed into the CRA Board of Directors list, see
Attachment "A" as an example, and distributed to all staff.
3. The Administrative Services Manager will be responsible for keeping all CRA Board contact
information accurate and up to date, as well as providing all updates to staff on an as-needed
basis.
T:\~IDMINISTR.-\.TIVE\_-\.dministr:ltive Policy M3Ilual2008\3_CRA Board\l_ CR.-\. Board Member.doc
-29-
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Public Relations
Pages: 1 of 1
SUBJECT:
Public Inquiries/Citizen Complaints
POLICY AND SCOPE:
It is the policy of the Community Redevelopment Agency (CRA) to respond to public inquires and
provide the public with infonnation or direction as to where to fue Citizen Complaints.
PROCEDURE:
1. When a resident of the City of Boynton Beach calls into the CRA offices making an inquiry
about CRA services, City of Boynton Beach services, lodging a complaint about a CRA Staff,
or expressing a general concern relative to the CRA, the call shall be handled in one of the
three manners outlined below.
. Respond direcdy if staff has fttst-hand knowledge of the answer to the inquiry or
concern.
. Transfer the resident to the CRA or City staff that can direcdy help dlem by having
f1tst-hand knowledge on their inquiry or concern.
. When the answer to the inquiry or concern is not fully known, then the CRA Staff
will take a message indicating the residents name, phone number and description of
the inquiry or concern. The staff will indicate that hel she will direct the question to
the appropriate person and this person will respond direcdy to the resident in a short
time.
2. All complaints made to the CRA that pertain to the CRA should be logged into the CRA
Complaint Log Spreadsheet located under the Administrative Folder on the shared drive.
3. Recru:ring complaints and those deemed significant by the Executive Director v.rill be relayed
to the Board of Directors
T\_IDJv[JNI5TR--\TIVE\Admin~tr.lriv, Policy M2l1ual2008\4]ublic Rdarions\l_ Public Inquiries,doc
~I"I
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Human Resources
Pages: 1 of 1
SUBJECT:
Human Resources Policy
POLICY AND SCOPE:
It is the policy of the Community Redevelopment Agency (CRA) to provide a human resources
policy and procedure manual to all employees.
PROCEDURE:
Please refer to the completed Human Resources Policy and Procedure Manual provided to
employees by the Finance Department.
T,\,IDMINISIR~TIVE\Admin~trative Policy Mllnual2008\5_Hwnlln Resources\Hwnon resources.doc
-31-
BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY~ FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
CRA Equipment
Pages: 1 of 3
SUBJECT:
IT Equipment
POLICY AND SCOPE:
The Community Redevelopment Agency has contracted with the City of Boynton Beach to host and
service our IT Equipment and Service.
PROCEDURE:
CRA Staff will contact Carlos Aiken at 742-6079 or the IT Help Desk at speed dial 7024 for
Technical Support. If needed, staff will complete the attached IT Request for Service form
(Attachment "A"). This form can be found on the T Drive under Human Resources/Human
Resources/Employee ITS Forms.
The Human Resources person, Finance Director or Assistant Finance Director will complete the
attached, ITS Network Access Authorization form for new employees to set up their email and
computer stations. This form can also be found under Human Resources/Human
Resources/Employee ITS Forms.
T.\ A DMTNTSTR ATTVF.\Administratlve P()]ic:v Manual 2008\6 eRA Equipment\ 1 IT Equipment.doc
t'll')
Attachment "A"
INFORMATION TECHNOLOGY SERVICES
REQUEST FOR SERVICE FORM
Do not use this form for Network Authorization or AS/400-HTE Authorization.
Use this form to request any non-emergency type of service from I.T.S. (Le.,
hardware/software purchases, application development, additional phone & data
installations, relocations, etc. etc.)
Department/Division
Requested By/Phone No.
Date Submitted
Account No.:
DEPARTMENT DIRECTOR'S SIGNATURE
DATE
Request (statement of needs):
Reason for request:
Our goal is to complete your request within 21 business days. ITS Department will notify you
should this timeframe need to be adjusted.
ITS Tech Support: (561) 742-6789
T: \AD MINISTRATIVE \Administrative Policy Manual 2008\6_ CRA Equipment\ C IT Equipment.tioe
-33-
ITS Network Authorization Form
PLEASE FILL OUT ALL FIELDS. THIS WILL SPEED UP THE TIME NECESSARY TO COMPLETE THE REQUEST.
OTHERWISE, THE FORM WILL BE RETURNED TO THE DEPARTMENT FOR COMPLETION. THIS REQUEST IS CONSIDERED
NORMAL BUSINESS WITH A RESPONSE OF 3-5 BUSINESS DAYS AFTER IT IS RECEIVED IN I.r.S.
Severity Code Customer Impact .. Service Response to T----Resolution Time"
6 - User Securi Normal Business _~:~=_::_-:=j 3 - 5 bUSi~~:~o:'~s-.--=-k 5 business days
REQUEST BY (TIDS IS THE PERSON THA T WILL BE THE CONTACT FOR THIS REQUEST)
Name:
Telephone:
Department
Date Submitted
User Information
Last Name: First Name:
Department/Location:
Title:
D NEW lImE
[] CHANGE/TRANSFER
[] TERMINATION
NETWORK USER PROFILE
Add/ Revoke/
Change Delete
[]
[]
[]
[]
[]
[]
[]
Departmental Folder (S:\ drivel
Personal Folder (G:\ drive)
Don't Delete
[] Files Move To:
Dial-in (please justify):
Change Name to
EXCHANGE MAILBOX (E-MAIL)
Add/ Revoke/
Change Delete
[]
[]
[]
[]
Don't Delete
[] Files Move To:
User Profile
Distribution Lists:
COMMUNICATIONS
Add!
Change Revoke
[]
[]
[]
[]
[]
Phone extension
Ext.:
[]
[]
[]
Voice mail
Ext
Long Distance Access Code (last 5 digits of SS#)
Pager/Cell Phone (Describe):
Acct. No.:
Amount:
[]
Text Messaging for Pager/Cell Phone
AS/400 - H.T. E.
To Add or Change Submit "ITS AS/400 - H. T.E. Authorization Form"
Don't Delete
[] DisablelDelete User Profile [] Objects Move To:
Note: For other requests not covered by this document please submit an "ITS Request for Service Form"
information of your requirements.
with detailed
T;\ADMINISTRATIVE\Administrative Policy Manual 2008\6_CRA Equipment\ C IT EqUipment.doc
-'.:l.ll-
BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
CRA Equipment
Pages: 1 of 1
SUBJECT:
Copier
POLICY AND SCOPE:
The Community Redevelopment Agency leases 2 copiers. One is from Oce and the other is from
Milner, Inc.
PROCEDURE:
Oce Copier:
Our model number is CM 4520 and our serial number is 7030015. The CRA has contracted for
20,000 copies per month and maintenance, toner and imaging units are included in the monthly fee.
To call for supplies or service:
1-800-243-5556
Milner Copier:
Our model number is C3500spf and our serial number is 76820423. The CRA has contracted for
21,000 black and white copies per month and maintenance, toner, and labor are included in the
monthly fee.
To order supplies go to Milner.com or call:
1-877-264-5637
To request service go to Milner.com or call:
1-800-875-5046
T:\ADMINISTRATIVElAdministrative Policy Manual2008\6_CRA Equipment\2_ Copier.doe
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BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER: Purchasing
Pages:l of 1
SUBJECT:
Purchasing Manual
POLICY AND SCOPE:
The Community Redevelopment Agency has an official purchasing manual.
PROCEDURE:
To review the most current purchasing manual, please contact the fmance director.
T:\_ID1\HNISTRA.TIVE\_-\dministr.1tive Policy I\hnual 2008\ 7_Purchasing\1...Purchasing !\hI1'..la.Ldoc
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BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Purchasing
Pages: 1 of 2
SUBJECT:
Supply Orders
POLICY AND SCOPE:
All supplies are inventoried and ordered by the Administrative Assistant or Administrative Services
Manager. The Community Redevelopment Agency has a process for ordering and tracking all
supplies ordered for the main office, as well as the Marina office.
PROCEDURE:
1. Staff must first compare current inventory of office supplies with a checklist in order to
determine supplies needed.
2. After going through the current supply, complete the Office Supply Request Form
(Attachment A).
3. Give fully completed form to Administrative Assistant or Administrative Services Manager.
4. Order is placed on-line or via phone.
5. Print confirmation of order and attach all corresponding Office Supply Request Forms to
the confirmation.
6. Forward to the Finance Director for filing and backup document purpose
7. After receiving the shipment of supplies, they must be compared to the packing list and put
away in the storage room.
8. If there are supplies that are not correct, follow the returns policy of the current supplier
either online or by phone.
T:\_IDMlNISTR.ATIVE\~Administrative Policy Mmllcl2008\8_Consumable Goods\l_Recquisition of Office Supplies.doc
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Attachment" A"
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
915 S. Federal Highway
Boynton Beach, FL 33435
OFFICE SUPPLY REQUEST FORM
NAME:
DATE:
,."."., \- ~ "~.- w~:;y.-",~~,,-~....... '" ""7"'~~-:.,;: I~_.\~'-:~ -:'--"L1:"r.:I" -~n"-~ .~ -~' ~-~. ,,..,
~..,... ... i" ,"""~'~""'_4<.~~-~,"~~~~-'~~~~-'j~=~,,,,",-"'.~-~ "---- "
+
I
__~_. __.m. _ ._
TOTAL FOR ALL ITEMS:
- -
If possible. please allow a minimum of five days for orders to be completed
Signature of Employee:
Signature of HR Designee:
I
W
ex>
I
BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
CRA Consumable Goods
Pages: 1 of 1
SUBJECT:
Surplus Office Furniture & Equipment
POLICY AND SCOPE:
The purpose of this policy is to establish the procedure for surplus office furniture & equipment.
PROCEDURE:
Surplus may be defined as material, equipment and/or parts in excess or any item not having a
foreseeable use within one year (i.e. desks, file cabinets, office machines, etc.). These items should
be declared surplus. If value of item is under $250.00, the Executive Director will determine if the
material will be sold, given away, or destroyed. If value of item is over $250.00 the Executive
Director will seek Board direction on if the item will be sold, given away or destroyed.
T:\_IDMINISTIUTIVE\_-\dministrattve Policy Manual 2008\8_Consumable Goods\2_ SUIJ>lus Office Fumiture & Equipmentdoc
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BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER: Risk Management and Insurance
Pages: 1 of 4
SUBJECT: Workers' Compensation Claims
(Reporting on-the-job injuries or illness)
POLICY AND SCOPE:
The purpose is to establish the Community Redevelopment Agency (CRA) procedures for \Y/ orkers'
Compensation claims. Summit Workers' Compensation Managed Care is the insurance company of
record for CRA claims.
PROCEDURE:
A. EMERGENCY MEDICAL TREATMENT:
1. Serious injuries requiring immediate emergency medical treatment, such as profuse
bleeding, broken bones, severe pain, unconsciousness, shock, serious impairment to
bodily functions, serious dysfunction of any bodily organ or part, or pregnan t
women who is having contractions shall warrant immediate emergency treatment.
2. In emergencies, use the nearest Hospital Emergency Room, which, 111 the City (,r
Boynton Beach and immediate surrounding areas, is Bethesda Memorial Hospital.
When this health care provider is not immediately available, the nearest Emergency
Medical Facility or Walk-in Clinic may be used.
3. For all emergencies, call EMS assistance or 911 for transport to the local Hospital
Emergency Room.
4. Administer f1tst aid until help arrives. The f1tst aid kit is located in the bathroom of
the CRA office.
5. The injured person's supervisor or rescue personnel shall, when possible, advise the
Hospital Emergency Room personnel to the nature of injuries of the patient being
sent to them. This can be done by telephone.
6. The injured person's emergency contact information is in the personnel file located
in the Controller's office. The Controller or designee shall contact injured person's
emergency contact person to inform them the status and location of the injured
once EMS has determined what is best.
7. Once the injured person is receiving care, and accident / incident report needs to be
filled out and turned into the Human Resources Department. Human Resources will
T:\~m:r....ITNIS1R...-\TIVE\~-\dministrative Policy l....[anu:U 2008\9 _JUsk ~hnagcment and Insurance' 1_ ':;':orkers Compensation Chums_doc
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then notify the Summit Claims Center (Workers' Compensation Insurance Carrier)
within seven (J) days of the incident (see attachment 'A").
B. INJURIES NOT CONSTITUTING AN EMERGENCY BUT REQUIRING A
PHYSICIAN'S CARE.
1. Accident / incident report needs to be filled out and turned into the Human
Resources Departinent. Human Resources will then notify the Summit Claims
Center (Workers' Compensation Insurance Carrier) within seven el) days of the
incident.
2. The employee can go to any Hospital or Walk-in Clinic listed ill the Summit
Managed Care Network Provider Directory.
3. Exceptions: If the injury is to the eyes, then the injured person can go to their eye
doctor. If the injury is to the mouth, they can go to their dentist.
4. Once the injured employee has gone to the initial medical care provider, if further
treatment is needed, they must call their claims adjuster for approval of additional
treatment and approved medical providers.
C. REPORTING POLICIES - ACCIDENT / INJURY.
1. All injuries and accidents, no matter how minor, shall be reported promptly to the
immediate supervisor as soon as physically able and no later than the end of the
immediate shift.
2. All injuries and accidents which require treatment by a physician shall be reported as
soon as possible to the Human Resources Department.
3. The injured person and Human Resources shall complete all required reports in a
timely manner.
4. In the event of a fatality, notification of next of kin, or those persons so designated
by the employee in the event of an emergency, shall be coordinated through and
approved by the CRA Executive Director.
D. REPORTING VEHICULAR COllISIONS
1. All vehicular collisions involving personal vehicles on Boynton Beach CRA business,
no matter how minor, shall be reported promptly to the Police department for
reporting and investigation.
2. The involved employee, if physically able, shall call for a police officer. The
employee shall also request that all parties, witnesses and properties concerned
remain at the scene of the accident, if physically able, until law enforcement
representative has released them. The employee shall refrain from making a
T,\.IDMINISTR.....TIVE\Administrativ. Policy Manual 2008\9 ...Risk Management and InsUt:lllc.\I_Workcrs Compensation Claims.doe
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statement to anyone other that the investigating officer and that statement shall be
confmed to factual observations
3. Any time an accident causes injury which requires treatment by a physician, the
injury shall be considered an industnal injury and shall be reported promptly to the
Human Resources Department as soon as physically able and no later than the end
of the immediate shift.
4. A copy of all police reports and any statements attached thereto will be forwarded to
the Human Resources department witllin 48 hours. The Human Resources
Department will proceed with any and all claim filing.
5. Damage to the vehicle shall be reported to the Human Resources Department, whu
will transmit a copy of the damage cost request ro the Workers' Compensation
Insurance Company for authorization of fmal repair.
DEFINITIONS:
1. Occupational Injury: A personal injury arising out of and in the course of, employment and
includes an injury caused by the willful act of a third person directed against an employee
because of his employment. Treatment for these injuries is outlined below and supervisof\'
personnel shall ensure compliance.
2. Occupational Illness: A disease caused by certain hazardous conditions or materials when
there is a direct causal connection between the condition under which the work is performed
and the occupational disease.
3. Industrial Injury: A personal injury arising out of, and in the course of, employment wid1
the Boynton Beach eRA
FALSE CLAIMS
An individual who makes a false statement of a material matter which is willfully made with the
intent to deceive, or an individual who collaborates in making a false claim, is committing a criminal
act and shall be subject to the full penalties provided by the law.
T:\AD1\ilNISTR....'\.TIVE\Administrative Policy !\.[anu:ll2008\9 _Risk !\.[;magement and Insurance\ 1._\X:orkers Compensation Claims.doc
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Attachment "A"
19
~RST REPORT OF INJURY OR ILLNESS
RECEIVED BY CARRIER
SENT TO DIVISION
DIVISION REC'D DATE
ORIDA DEPT. OF LABOR & EMPLOYMENT SECURITY
DIVISION OF WORKERS' COMPENSATION
For assistance call 1.800-342.1741
or contact your local EAO Office
Report all deaths within 24 hours (904) 488-3044
PLEASE PRINT OR TYPE
NAME (First. Middle, Last) Social Security Number I Date of Accidant (Month/DaylYear) l11me of Accidenl
o AM o PM
HOME ADDRESS EMPLOYEE'S DESCRIPTION OF ACCIDENT (Include Cause of Infury)
StreaVApl. #:
CIty: Slate: Zip:
TELEPHONE Area Coda Number
OCCUPA110N INJURynLLNESS THAT OCCURRED PART OF BODY AFFECTED
DATE OF BIRTH I SEX
I I oM OF
EMPLOYEE INFORMATION
FEDERAL 1.0. NUMBER (FEIN) DATE FIRST REPORTED (Month/DaylVear)
COMPANY NAME:
D.B.A.:
Street: NATURE OF BUSINESS POLICY/MEMBER NUMBER
City: Stale: Zip:
TELEPHONE Area Code Number DATE EMPLOYED PAID FOR DATE OF INJURY
/-' o YES o NO
EMPLOYER'S LOCATION ADDRESS (II differenl) LAST DATE EMPLOYEE WORKED WILL YOU CONTINUE TO PAY WAGES INSTEAD OF
WORKERS' COMP? o YES
eet: _/ / LAST DAY WAGES WILL BE PAID INSTEAD OF
,. Slale: _ Zip: RETURNED TO WORK o YES o NO WORKERS' COMP _/-'-
, -ION # (If appllc,able) IF YES, GIVE DATE RATE OF PAY o HR o WK
~ ~ .~E OF ACCiDENT (Stree~ City, Stale, Zip) _/_/- $ PER o DAY o MO
DATE OF DEATH (If applicable) Number of hours per day
Street: _/_/- Number of hours per week
City: Stata: _ Zip: AGREE WITH DESCRIPTION OF ACCIDENT? Number of days per week
COUNTY OF ACCIDENT: o YES o NO NAME, ADDRESS AND TELEPHONE
Any person who, knOWingly and with Intent to Inlure, defraud, or deceive any employer or employee, insurance OF PHYSICIAN OR HOSPITAL
company, or self-Insured program, files a statement of claim contaIning any false or misleading Information Is
guilty of a felony of the third degree. I have reviewed, understand and acknowledge the above statement.
EMPLOYEE SIGNATURE (If available to sign) DATE
EMPLOYER SiGNATURE DATE AUTHORIZED BY EMPLOYER o YES o NO
EMPLOYER INFORMATION
0 1. Case Denied-DWC-12, Notice 01 Denial Attached 0 2. Medical Only which became Lost Time Case (Complete alllnlo In #3)
0 3. Lost Time Case-1st day of disability ---1_/_ Salary continued in lieu of comp? 0 YES Salary End Date _1_1_
Date First Payment Mailed _1-'_ AWW Comp Rate
o T.T. o T.T.-BO% o T.P. o LB. o P.T. o Death
REMARKS:
CARRIER NAME, ADDRESS & TELEPHONE
CARRIER CODE' EMPLOYEE'S RISK CLASS CODE I EMPLOYER'S SIC CODE SUMMIT CLAIMS CENTER
P.O. BOX 2928
LAKELAND, FL 33806-2928
RVICE COfTPACODE , CARRIER FILE # 1-800-282-7644
I
I Is employer self-insured? o YES o NO
CARRIER INFORMATION
White: Division CoPY' Yellow: Carrier CoPY' Pink: Employee CoPY' Goldenrod: Employer Copy
-43-
LES Form DWC-l (11/94)
BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER: Risk Management and Insurance
Pages: I of 2
SUBJECT: Fire and Emergency Evacuations Guidelines
POLICY AND SCOPE:
The purpose is to establish the Community Redevelopment Agency (CRA) procedures for tbe
proper management of emergency situations.
PROCEDURE:
A. EMERGENCY EVACUATION PLAN
DEFINITION OF EMERGENCY EVACUATION:
An emergency evacuation is a quick, orderly and safe exit from the building.
1. An emergency evacuation will take place whenever there is a Ere warning ()1'
when notification of evacuation is announced. Anyone that sees a fire or smoke
is to notify their supervisor and follow emergency procedures.
2. Heavy smoke and poisonous gases collect fttst along the ceiling. Stay low to the
floor, below the smoke at all times. If possible, cover nose and mouth with :1
wet cloth.
.3. When approaching a closed door, use the palm of your hand and forearm to feel
the lower, middle and upper parts of the door. If it is not hot, brace your~elf
against the door and open it slowly. If it is hot to the touch, do not open the
door and seek an alternate escape route.
4. Each occupant should walk quickly and directly to the designated evacuation exlt
and proceed quickly, calmly and safely outside.
5. Employees and visiting individuals will meet in a central, pre-designated
regrouping area so that all persons can be accounted for. All individuals are tf>
remain out of the office or building until an all clear announcement has been
made.
SUPERVISOR RESPONSIBILITY:
1. Call the Fire Department, 911 and give the following information:
T:\_IDl'vITNISTR..-\TfVE\_r\.d.-ninistrative Policy :Manual2008\9 _Risk hbnagement wd lnsur.mct' \2_ Fire W1d Emergency Evacuations Guidelines.dol
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a. Fire in the Uocation) building.
b. Type and extent of fire.
2. Educate all staff as to the evacuation procedures, evacuation routes and exits,
regrouping areas, and pull stations and fire extinguishers.
3. Initiate the Emergency Evacuation Plan when appropriate.
4. Assure that every room is searched.
5. Account for all staff and building occupants at the regrouping area.
BOMB THREAT
1. Call the Police Department at 911, using a land line and provide the following
information:
a. Bomb threat at the Boynton Beach CRA Uocation) offices.
b. Bomb threat message OR suspicious package/object.
c. Your name and CRA phone number.
2. If there is a suspicious package/object, do not touch it and clear the area around
the suspicious package/object.
3. Evacuate the building according to evacuation plans.
4. Avoid standing in front of windows or other potentially hazardous areas.
5. Do not restrict sidewalk or streets to be used by emergency vehicles and officials.
T:\.IDMlNISTRATIVE\Aclminismtive Policy M.nual 2008\9 JUsk Man>gemenl and lnsurance\2_ Fire and Emergency Evacuations Guidelines.doc
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BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER: Communications
Pages: 1 of 1
SUBJECT:
Telephone Service/Equipment Requests and Voice Mail System
POLICY AND SCOPE:
Below is the CRA procedure for Service and Equipment to the Telephones, Voice Mail System and
T-1line.
PROCEDURE:
1. Determine if the problem is with the phone, phone line or 1'-1 line. Then call the
appropriate company for service.
a. If problem is with the phone lines:
Contact AT&T at 1-800-call-att
b. If problem is with the phone equipment or voicemail system:
Contact Converged Solutions at (561) 272-1211
c. If problem is with l' - 1 Line:
Contact the City 1.1'. Department
2. The recording and language of our voicemail system and on-hold system is provided by On
Hold Technologies. If the language on our voicemail system needs to be updated please
work with the Marketing and Special Events Assistant to contact On-Hold Technologies.
He or she should be the direct contact \vith On-Hold Technologies. We are contracted to
have 12 yearly updates to our system at no extra charge. Additional updates will reqUlre
additional payment.
T:\.t\Dh.(Thl'ISTR..'\TIVE\.-\dministrdtive Policy :Manual 2008\10_Communications'.1_Telephone Service & Equipment Requests.do,
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BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER:
Communications
Pages: 1 of 1
SUBJECT:
FTP Site
POLICY AND SCOPE:
Below is the CRA procedure for accessing the FTP site. This site is used for large files that are
unable to be sent by regular email.
PROCEDURE:
1. Go to the website ftp:/ /www.ci.boynton-beach.fl.us/cra/
2. It will ask for a user name and password:
User Name:
Password:
3. Be sure to have the person pasting their file to the site to name it for easy identification.
4. The file can then be pasted onto this website for our access.
5. Once you have accessed the file on the ftp site save it to the appropriate place on the t drive
and delete it from the ftp site.
T:\.IDMINIS1RATIVE\Administrative Policy Manual2008\10_Communications\2_FTP Sile.doc
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BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER: Travel
Pages: 1 of 10
SUBJECT: Travel Reimbursement and Payment
POLICY AND SCOPE:
Attached is the Travel Policy Manual which has been approved by the eRA Board for approved
Travel Reimbursement and Payment Procedures.
PROCEDURE:
See the following policy as Attachments "A-F"
T:\_IDX....ffi'JISTR..-\TIVE\.>\.dministrative Policy Manual2008\11_Travel Policy' 1_ Travel Policy and Procedures. doc
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Attachment "A"
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
TRAVEL AND ENTERTAINMENT POLICY
Approved travel must adhere to the following guidelines in order to be paid by the Boynton Beach
Community Redevelopment Agency ("CRA"):
Class A travel: Travel that exceeds twenty-four (24) hours or more away from official headquarters.
Class B travel: Travel that does not exceed twenty-four (24) hours but overnight stay from official
headquarters is required.
Class C travel: Travel for short or day trips (within 50 miles of official headquarters) where the
traveler is not away from his official headquarters overnight.
Class A and Class B Travel Authorization and Reimbursement Policy
A. Prior to Travel:
1. Complete Conference & Travel Request form, Per Diem form and submit for
approval. A description of the conference, seminar, workshop, meeting with
relevant information concerning the locations, dates, costs of the travel must be
attached to the Travel Request form. Per Diem rates must exclude all conference
meals covered by registration fees.
2. As approved at the October 9, 2007 CRA Board meeting, all travel by CRA Board
members must be approved in advance by the CRA Board.
3. Travel expenses shall be limited to those expenses necessarily incurred by travelers in
performance of a public purpose authorized by law to be performed for the CRA
and must be within the limitations prescribed by this policy.
4. Travelers are authorized to use their CRA issued credit card to pay for Class A and
Class B expenses, including but not limited to: airfare, hotels, conference fees. All
such expenditures must be documented with the original receipt on the Travel
Expense report and the Credit Card Reconciliation Form to be completed monthly
(see Credit Card Policy).
B. Registration:
1. Complete conference registration forms.
2. Submit conference form for payment in advance if necessary.
3. Attach a copy of the registration form and approved Conference & Travel Request
form with the request for payment to Finance department.
4. Request per diem fee in advance (subtract all conference meals covered by
registration fee). Per Diem rates are: Breakfast - $12.00, Lunch - $15.00, Dinner -
$30.00.
C. Upon completion of Travel:
T:\.-ID1llNISTR--I.TIVE\Administrative Policy M211ual2008\I I_Travel Policy\l_ Travel Policy and Procedures.doc
-49-
1. Complete the Travel Expense Repun and/or PettI' Cash Reguest for ()ut~nt-poch
expenses.
2. Attach a copy of the approved Conference & Travel Request form, Per Diem fom;
credit card receipts and other receipts to the expense report for pavment . 11
reimbursemen t.
3. Failure to include credit card receipts 'W1ll be charged to the staff member personally
4. Submit to Finance department for verification and approvals. Keep a copy of the
travel expense report and related receipts for verification of credit card charges and
inclusion of receipt copies as necessary in the monthly Credit Card Reconciliation.
D. Travel Approvals and Reimbursable Expenses:
1. Authorized travel is defined in the annual CRA budget as approved by the CRA
Board for non-local, local, and regional travel and entertainment expenses related tn
a public purpose.
2. CRA Board Member travel shall be approved by CRA Board Chair or Vice Chalt
and Executive Director, and must be approved in advance by the eRA Board atl
regularly scheduled meeting.
3. CRA Board members travel expenses may be paid by the Executive Director under
authority of Resolution No. 05-15.
4. CRA Board members shall be reimbursed for travel expenses as approved in advance
by the CRA Board and upon receipt by the CRA of receipts and documented
expenses. CRA Board members will only be reimbursed for actual travel. 11
expenses have been incurred by the CRA Board member personally, and the eRA
Board member does not attend the related conference, workshop or seminar, the
CRA will not reimburse such expenses.
5. Executive Director's travel shall be approved by the CRA Chair or Vice Chair.
6. CRA. employee travel shall be approved by the Executive Director or Assistant
Director and the CRA Chair or Vice Chair.
7. Entertainment expenses are permitted and reimbursable if serving the public purpose
and as approved in the annual budget for official CRA business. Entertainment
expenses, including but not limited to meals, tickets, or admission to special events.
or other functions may be reimbursed subject to approval by the Executive Director
or designee. The business purpose, date and location, names of attendees must be
included with the reimbursement request.
8. Travel and entertainment expenses are only reimbursable with receipts and are nul
automatic.
9. Personal items are not reimbursable by the CRA.
E. Travel Restrictions:
1. Per Diem payments shall be paid only for class A and B travel. Class C travel meals
will be reimbursed according to the time travel begins and ends and at no more than
the per diem payment for the reimbursable meal (see Class C travel below).
2. Mileage rate reimbursement will only apply if employee does not receive an auto
allowance. Please see Finance director regarding most recent mileage rate per IRS
and City.
T:\_IDl'dINISTR...1.TIVE \:\dministrative Policy l\'!anuaJ200B\11_Tr2veJ Policy\ 1_, Tove:! Pohcy ar,d Proc~dutesdoc
-50-
3. If a spouse is to attend, all related expenses shall be paid by the employee, and all
receipts must be separate or noted separately on the associated receipt(s). The CRA
will not pay for any spouse or child costs associated with any conference. All such
costs will be paid by the employee separately.
4. Any expenses incuned over the maximum amount approved for breakfast, lunch or
dinner will be considered a cost of the employee and not the CRA. Meal rates are
$12.00-breakfast, $15.00-lunch and $30.00-dinner.
Class C Travel Authorization and Reimbursement Policy
A. Class C local travel includes trips to meetings, seminars, errands done on behalf of the
CRA and other like job related travel and expenses.
B. For local conferences, workshops and seminars, the traveler must complete the
Conference & Travel Request form and comply with all procedures for approval and
reimbursement of expenses as outlined for Class A & B travel above.
C. Employees shall be reimbursed for use of a personal car for CRA business at the cunent
published IRS mileage reimbursement rate in effect when the travel took place. All
mileage shall be documented as to the business purpose and mileage on the Mileage Log
form.
D. The CRA may grant a car allowance in fixed amounts for use of privately owned
automobiles on official business in lieu of the reimbursable mileage rate. Allowances
granted pursuant to this paragraph shall be reasonable and budgeted, taking into account
the customary use of the automobile, the roads customarily traveled, and whether any of
the expenses incident to the operation, maintenance, and ownership of the automobile
are paid from funds of the CRA or other public funds. Such allowance may be changed
at any time. At present the Executive Director and Assistant Director receive a car
allowance. All other employees receive a mileage rate for official CRA business.
E. Class C travel meals will not be reimbursed on a per diem basis; however the traveler
shall be reimbursed for subsistence at local conferences, seminars and workshops as
provided below. In no event will the traveler be reimbursed more than the per diem rate
for the reimbursable meal.
. Breakfast, when local travel begins before 6:00 a.m. and extends beyond 8:00 a.m.
. Lunch, when local travel begins before 11:30 a.m. and extends beyond 2:00 p.m.
. Dinner, when travel begins before 6:00 p.m. and extends beyond 8:00 p.m. or when
travel occurs during night-time hours due to special assignment.
F. No allowance shall be made for meals when travel is confined to the city or town of the
official headquarters except reimbursement for entertainment expenses of official
business if serving the public purpose and as approved in the annual budget for official
CRA business. Entertainment expenses, including but not limited to meals, tickets, or
admission to special events, or other functions may be reimbursed subject to approval by
T:\,IDMINISTRATIVE\Administntive PolicyManual2008\11_Travel Policy\C Travel Policy and Procedures.doc
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the Executive Director or designee. The business purpose, date and location, names
attendees must be included with the reimbursement request.
G. Employees are authorized to use their eRA issued credit card to pay for Class \
expenses. All such expenditures must be documented with the original receipt on the
Travel Expense Report and the monthly Credit Card Reconciliation statement.
Attached Forms -
. Conference & Travel Request (Attachment "B"i
. Per Diem Request (Attachment "C")
. Travel Expense Report (Attachment "D"i
. Petty Cash Request (Attachment "E")
. Mileage Log (Attachment "F")
T:\_illMINISTR..-\TIVE\Admil1lstracive Policy .Manual 200B\11_Travel Policy\l_ Travel Policy and Procedures.doc
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Boynton Beach
Com~unity Redevelopment Agency
CONFERENCE & TRAVEL REQUEST
Attachment "B"
Date of Request:
2008
Staff or CRA Board Attending:
Conference Name:
Conference Location:
Conference Purpose:
Account to Charge:
225
Dates of Travel & Attendance:
to
2008
Cost of Conference: $
Cost of Travel: $
Cost of Lodging: $
Cost of Car Rental: $
Cost of Per Diem: $
----------------
----------------
TOTAL
Approved by Executive/Assistant Director:
Date
Approved by ChairNice Chair.
Date
NOTE: CRA Board travel requests must be approved in advance at a regularly scheduled meeting of the CRA
Board.
Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of
the employee and not the agency. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please
submit a conference agenda with this request. Please subtract all meals provided for bv conference
attendance fee.
T.\LlIIIIIIAl..1 gJ:~nIIR~F=~\(~nnfArences & Travel\CONFERENCE & TRAVEL Request Form.doc
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Boynton Beach
Community Redevelopment Agency
PER DIEM REQUEST
i\ttachment lIf:'!
Date of Request:
2008
Staff Member Name:
Conference Name:
Conference Location:
Conference Purpose:
Dates of Travel & Attendance:
to
2008
Total Number of Days:
Total Per Diem to be paid:
Account to Charge:
225
Approved by Executive/Assistant Director:
Date
NOTE: Any expenses incurred over the maximum amount approved for breakfast, lunch or
dinner will be considered cost of the employee and not the agency. Meal rates are $12.00
breakfast, $15.00 lunch and $30.00 dinner. Total per diem $57.00 per day. Submit a
conference agenda with this request. Please subtract all meals orovided for bv
conference attendance fee.
All "er diem reQuests must be made at least two weeks in advance of conference date to
allow Finance time to "rocess reQuests. No "er diem reQuests will be "rocessed outside
of the normal "avment cvcle.
-54-
Attachment "D"
_ . _ . ,.,; . " _ . _ . -. -. i
BOYNT0N BEA€H C0MM~NITY REDEVELOPMENT AGENGV
TRAvEL EXPENSE REP0RT
- -
Date Submitted
Employee Name
Travel Dates
Conference Name
Conference Purpose
Conference Location
Account to-Charge
225
Expenses - Receipts must be attached for all expenses Method of
Dates of Travel 01/23/08 01/24/08 Total Payment
Hotel $ -
Breakfast $ -
Lunch $ -
Dinner $ -
Registration Fee $ -
Ground Fare $ -
Parking Fee $ -
Tolls $ -
Fuel $ -
Plane Fare $ -
Rental Car $ -
I Books/Publications $ -
*Mileage ($.505/mile) $ -
Total Per Day $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Total Expense $ -
*MileCige D~tails
Miles Each Total Mileage
Date Way Mileage Reimb.
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Signatures
Traveler
Finance Director or Finance
Assistant
-55-
Attachment "Ef!
Boynton Beach Community Redevelopment Agency
Petty Cash Request
Date:
Name:
Purpose:
200
Amount Requested:
Charge to Account:
REqUESTED: Signature
Date
RECEIVED: Signature
Date
APPROVED: Signature
Date
- I'll ... A'" r"\~~"1 U~U"'\.~~\t""__~_"'^_^ae!o R.. T"~\I.aI\DI.:t.+.\I ~~C!:h C)a""lft~. 1:""".......... rI^,,"
-56-
Attachment "F"
I
I
2008 MilEAGE lOG
ROUND TRIP TOTAL @
DATE BUSINESS PURPOSE MILES .50S/MILE
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
L $ -
I $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
TOTAL $
SIGNATURES:
DATE:
EMPLOYEE
T:\HUMAN RESOURCES\Conferences & Travel\MILEAGE LOG
-57-
BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER: Travel
Pages: 1 of 2
SUBJECT: Car Rental
POLICY AND SCOPE:
Below is the procedure regarding car rentals for CRA business use.
PROCEDURE:
1. Contact Administrative Services Manager with dates car is needed as well as locations
needed for pick up / drop off.
2. Administrative Services Manager or Administrative Assistant will make
arrangements.
3. Only comprehensive and collision insurances should be taken. All others should be
waived (see Attachment "G").
T:\ADMlNISTRATIVElAdministrative Policy Manua12008\1lJravel Policy\2_Car Rental doc - 5 8-
Attachment "G"
Page 1 of 1
Harris, Susan
From:
Sent:
To:
Harris, Susan
Friday, August 17, 2007 3:35 PM
Adelsperger, Margee; Biscuiti, Kathy; Bright, Lisa; Brooks, Vivian; Buckley, Ashley; Simon, Michael;
Wiser, Alina; Zitcer, Phyllis
Subject: Rental Car Insurance
Team,
I just spoke to our insurance agent to clarify what, if any, insurances we should take when
renting cars on company business.
Only take the 'comprehensive and collision' insuranCes. All others can be waived.
Thanks,
Susan
Susan Harris
Finance Director
Boynton Beach eRA
915 South Federal Highway
Boynton Beach, FL 33435
Tel: 561-737-3256/Fax: 561-737-3258
Email: harrissu@ci.boynton-beach.fl.us
-59-
BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER: Finance
Pages: 1 of 2
SUBJECT: Bank Statements
POLICY AND SCOPE:
Below is the procedure regarding the receipt of monthly bank statements, as of April 24,
2008.
PROCEDURE:
Please see attached memo from Finance for procedure (Attachment "A")
T:\ADMINISTRATIVE\Administrative Policy ManuaI2008\12_Finance\1_Bank Statements. doc
-60-
;,,'
eRA BOARD MEETING OF: February 10,2009
x I Consent Agenda I I Old Business I I
New Business I I
Public Hearing I I
Other
SUBJECT: Approval to Rescind Work Order #07013.1 with Hedrick Brothers Construction, Inc. for
Value Engineering Services at 211 E. Ocean Avenue
SUMMARY: In June 2007, the CRA Board entered into a continuing contract with Hedrick Brothers
Construction, Inc. to provide construction and construction management services to the agency. At the
May 13,2008 CRA Board meeting, the Board executed Work Order# 07013.1 with Hedrick Brothers for
Value Engineering Services on 211 E. Ocean Avenue. The scope of this Work Order was to act on
behalf of the CRA as Construction Manager during the design and engineering phase of the 211 E.
Ocean Avenue redevelopment project.
Due to the advanced stages of the architectural design and specification phase, the need to incur this
expense is no longer necessary. The architectural firm, REG Architects, currently under contract for the
project, will manage the value engineering and estimating portions of the project.
FISCAL IMPACT: Release to Planning Account -51440 - $22,000.00
CRA PLAN, PROGRAM OR PROJECT: Ocean District Plan
RECOMMENDATIONS: Approve rescinding Work Order #07013.1 with Hedrick Brothers
Construction Inc. for Value Engineering Services at 211 E. Ocean Avenue in the amount of $22,000.00.
K~~~
Michael Simon
Development Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Rescind Hedrick Brothers WO #070131.doc
5 51
HEDRICK BROTI1ERS
"Hlf\,(,r\!j,\hl~)~--:\!~I\d ,j ,
C 0 !,i ~ T Rue I ION
~j1;
April 28, 2008
Ms. Usa Bright
CRA Executive Director
Boynton Beach
Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
Re: Boynton Beach eRA, 211 Ocean Ave.
Work Order #070 13.1
Dear Ms. Brooks,
This proposal is being submitted as part of the executed General Contracting/Construction
Management/Consulting Agreement for Various Projects on a Continuing Contract Basis, dated
June 28, 2007. As part of this agreement, Hedrick Brothers Construction Co., Inc. will be
providing Pre Construction Services as outlined below. Once the GMP has been approved
then it is the intent that the Construction Phase will be initiated.
1.1 Hedrick Brothers accepts the relationship of trust and confidence established with the
(Boynton Beach CRA) OWNER by this Agreement as Part I - Pre Construction
Services. If the OWNER and (Hedrick Brothers Construction) CONSTRUCTION
MANAGER agree, Architect, Part II - Construction Phase may commence before the
Preconstruction Phase is completed, in which case both phases shall proceed
concurrently.
1.2 The CONSTRUCTION MANAGER shall provide a preliminary evaluation of the
OWNER's program and project budget requirements and shall prepare for the review
and acceptance a Schematic Construction Budget within Two (2) weeks after the
execution of this agreement which shall provide a baseline for establishing a final
Guaranteed Maximum Price to be approved and accepted by the OWNER before the
commencement of Part II - Construction Phase. If any estimate submitted to the
OWNER exceeds previously approved estimates or the OWNER's budget, the
CONSTRUCTION MANAGER shall make appropriate recommendations to the
OWNER/Architect and provide a Cost Variance Report. Refer to Section 1.6 for
complete breakdown of services.
1.3 When the Drawings and Specifications are sufficiently complete, the CONSTRUCTION
MANAGER shall propose a Guaranteed Maximum Price, which shall be the sum of the
estimated Cost of the Work and the CONSTRUCTION MANAGER's Fee.
Page 11
) ,~nn t < nncl',nk \\:'{.q PI in ",lti\c lUll. \\:rnf f\drn HCll.. 11, 1-\ s \ iO') \ltil'l "'h I .{Jgq.(-;ggq ! ,JX "'", 1 -hK{L~k('.,1) \\'\v\I,.lh:dii~ kblutllt'f/I.< {"ll ( (~(:Ol \ 15
Ii
1.4 The CONSTRUCTION MANAGER's Team shall meet with the OWNER/Architect as
required to review Progress Sets, Constructability Issues, Scheduling and estimate
reviews/ evaluations and a written statement of its basis. In the event that the
OWNER/Architect discovers any inconsistencies or inaccuracies in the information
presented, they shall promptly notify the CONSTRUCTION MANAGER, who shall
make appropriate adjustments to the pricing.
..
1.6 For the services as described above, the CONSTRUCTION MANAGER's compensation
shall be calculated as follows:
OWNER agrees to pay CONTRACTOR for the actual time spent up to
$22,000.00 (Twenty Two Thousand Dol/ars) for the pre-construction phase of this
project per the following itemized list:
I. Schematic Estimate
2. Design Development
3. 95% Construction Doc's
4. 100% Complete GMP after issuance of Building Permit
5. Reimbursable Expenses that include Travel Time & Mileage,
Copy/Printing Expenses, Postage/Federal Express
6. Project Meetings
7. Schedule Development
8. Permitting
1.7 OWNER will be invoiced the 25th of each month and Payments shall be made 15 days
from the date the Construction Manager's invoice is received with full back up of hours
spent and expenses.
This Agreement enters Hedrick Brothers Construction and OWNER into the Pre-construction
services as described above.
BY:
R
OWNER
h'r
~/It/{)f
,
BY:
DATE:
Ie ns
Vice Presi nt, Operations
DATE: "5 Ie, t 108
I f
Page I 2
!lrt(~; ~.~~:.
i~\Aj ~f)~'
\t 'i~~~J~,..f;
:T
.
n
HI:l)]{ll], BROTHERS CO;-';STRUCTlt)i'\
r-]
1IJ~~<tY~T2~le RA
. East Side-West S"lde-Seas"lde Renaissance
"'!-.
eRA BOARD MEETING OF:
February 1 0, 2009
I X I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Approval ofa eommercial Facade Improvement Grant for Woolbright Development,
Inc. and the Property Located at 1625 S. Federal Highway "Sunshine Square"
SUMMARY: Woolbright Development, Inc., owner of the Sunshine Square plaza, has submitted an
application for a eommercial Facade Improvement Grant for their property located at 1625 S. Federal
Highway.
Woolbright Development has owned and operated the property since January 2007. The eligible items
being presented by the owner for acceptance under the grant include the exterior painting, landscaping
paving and signage. At time of application submittal, the amount of monies being expended for the
entire renovation project, including described work eligible under the grant, as presented, total
$1,566,409.00, of which the eRA grant would reimburse expenses of up to $15,000.00 upon
completion.
FISCAL IMPACT: A maximum of $15,000 from general revenue funds line item: 57200-238.
CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Federal Highway Plan
RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application for
Woolbright Development, Inc., for program eligible items at the property located at 1625 S. Federal
Highway, a/k/a Sunshine Square.
~d/~
Michael Simon
Development Manager
'"
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Comm Facade Grant - Woolbright Devel.doc
..;: AlA Document A 107'" - 2007
Standard Form of Agreement Between Owner and Contractor
for a Project of Limited Scope
AGREEMENT made as of the Twelfth day of December in t.he year Two Thousand
Seven
(In words, indicate day, month alld )lear)
BETWEEN the Owner:
(Name. address and otller infonllation)
Woolbright Sunshine Square, LLC, Limited Liability Company
3200 N, Military Trail, Boca Raton Fl. 33431
and the Contractor:
(Name, address and other illfonnaticm)
Lebolo Construction Management. General Corporation
2100 Corporate Drive Boynton Beach Fl. 33426
Telephone Number: 561-742-7644
Fax Number: 561-742-7636
for the following Project:
(Name, location alld detailed description)
Sunshine Square Facade Renovation
500-570 SE 1511. Stand 1625-1627 S.Federal Hwy. Boynlon Beach Fl.
Demo of existing and construction of new Facade
The Architect:
(Name, address alld other infonnatioll)
TI Architects, Inc., General Corporation
260 S. Dixie Hwy Boca Raton, FI. 33432
Telephone Number: 561-417-4949
The Owner and Contractor agree as follows.
ADomONS AND DELETIONS:
The author of this document has
added Information needed for lis
complellon. The author may also
have revised the text of the original
AlA standard form. An Additions and
Deletions Report that notes added
InformaUon as well as revisions to
the standard form lext Is available
from the author and should be
reviewed. A vertical line In Ihe left
margin of this document Indicates
where the author has added
necsssBJY infannellon and where
the author has added to or deleled
lrom the original AlA lext.
This document has Imporlantlegal
consequences. Consultation wilh an
allomey Is encouraged with respect
10 tis completion or modlflcallon.
lnll.
1
AlA Document A 107'" - 2007. Copyright 0 1936, 1951, 1955, 1961, 1963, 1966, 1970, 1974, 1978. 1987, 1997 and 2007 by The American Institute of
Archllecls. All rights rUenled. WARNtNG: This AlAS Document Is prolected by U.S. Copyright Law and Inlemadonel Trealles. Unauthorized
repraducllon or distrIbution of this AlAS Document, or any pOrllan of If, may result In severe civil and criminal penalties, and will be proseculed 10 Ihe
maximum extent possIble under the law. This documenl was produced by AlA sa/tware aI10:4S:05 on 12112/2007 under Order No.1 000312832_ 4 which
expires on 7/22/2008, and Is not far resale.
User Noles: (940650915)
I~
TABLE OF ARTICLES
THE WORK OF THIS CONTRACT
2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3 CONTRACT SUM
4 PAYMENT
5 DISPUTE RESOLUTION
6 ENUMERATION OF CONTRACT DOCUMENTS
7 GENERAL PROVISIONS
8 OWNER
9 CONTRACTOR
10 ARCHITECT
11 SUBCONTRACTORS
12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
13 CHANGES IN THE WORK
14 TIME
15 PAYMENTS AND COMPLETION
16 PROTECTION OF PERSONS AND PROPERTY
17 INSURANCE & BONDS
18 CORRECTION OF WORK
19 MISCELLANEOUS PROVISIONS
20 TERMINATION OF THE CONTRACT
21 CLAIMS AND DISPUTES
ARTICLE 1 THE WORK OF THIS CONTRACT
The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the
Contract Documents to be the responsibility of others.
ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
Ii 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
befow or provision is made for the date to be fIxed in a notice to proceed issued by the Owner.
([nsert tfle date of commencement, if it differs from the dale of this Agreement or, if applicable, stare Illal rhe dale
will be fi-"ed ill a notice ro proceed.)
AlA Doc:ument A107T" -20D7. Copyright <<:llB3S. 1951.1958.1961. 1963.1966,1970,1974,1978,1987.1997 and 2007 by The American Institute of
Architects. All rights reserved. WARNING: This AlA'" Document Is protected by u.s. CopyrIght Law and Inlerf\aUonal TreatIes. Unauthorized 2
reproduc:lIan or dlstrlbullon of this AlA'" Document, or any portion 01 It, may result In severe civil and crIminal penalUes, and will be prosecuted to Ihe
maximum edent possible under the law. This document was produced by AlA sollware at 10:45:05 on 1211212007 under Order Na.l000312832_ 4 which
expires on 7122/2008, and Is not for resale.
User Noles: (940650915)
[nit.
I@.
~ 2.2 The Contract Time shall be measured from the date of commencement
~ 2.3 The Con01lctor shall achieve Substantial Completion of the entire Work not later than One hundred twenty (
120 ) days from the date of commencement, or as follows:
(Insen number of calendar days. Alternativel)', a calendar dare may be llsed wilen coordinated witll tile dare of
commencement. If appropriate, insert requiremelllsfor earlier Substantial Complerioll of certain portions of the
War!.:.)
, subject to adjustmenL~ of this ConLract Time liS provided in the Contract Documents.
(Insert provisions, if all)', for liquidated damages relating to failure to achieve Substantial Completion an tillle or for
bOllus payments for earl)' completioll oftl/& War!.:.)
There will be a $500. per day penalty for each day passed the agreed upon completion date.
ARTICLE 3 CONTRACT SUM
~ 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract The Contract Sum shaH be one of the Following:
(Check tlte appropriate box.)
[ X] Stipulated Sum, in accordance with Section 3.2 below
[] Cost of the Work plus the Contractor's Fee. in accordance with Section 3.3 below
[] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with
Section 3.4 below
(Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.)
~ 3.2 The Stipulated Sum shall be One Million Four Hundred Fifty--one Thousand Two Hundred Thirteen Dollars
and Sixty-three Cents ($ 1,451,213.63 ), subject to additions and deletions as provided in the Contract Documents.
~ 3.2.1 The Stipulated Sum is based upon the following alternates, if any. which are described in the Contract
Documents and are hereby accepted by the Owner:
(Slate the nllmbers or otller identificatioll of accepted alternates. If the bidding or proposal documents pennit the
Owner to accepr other alten/ates subsequent to the e.xeCl/1iOIl of this Agreement, attach a schedule of Sl/ch other
altemares showing tlte amountfor each (l1Id tire date when that alllount expire~'.)
~ 3.2.2 Unit prices, jf any:
(Identify and state the unit price, and .rtate the quamity limitations, if any, to which the unit price will be applicable.)
Item
Units and Limitations
Price Per Unit
~ 3.2.3 Allowances included in the stipulated sum, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)
Item
Allowance
~ 3.3 COST OF THE WORK PLUS CONTRACTOR'S FEE
~ 3.3.1 The Cost afme Work is as defined in Exhibit A, Determination oCthe Cost of the Work.
AlA DocLlment A1D7Tu -2007. Copyright iCl1936. 1951. 1958, 1961,1963,1956,1970,1974,1978.1987,1997 and 2007 by The American Institute at
Arcl1l1ec\s. All rights reserved. WARNING: This AlA- Document Is protected by U.S. Copyright LawlInd International Trealles. UnauthorIzed
reproductIon or dlstrlbullan or this AlAe Document, or any port/an of ft, may result In severe c1vllllnd criminal penalties, and will be proseculed to the
maximum extent possible underthe law. This documenl was produced by AlA sollware at 1 0:45:05 an 12/12/2007 under Order No.1 000312832_4 which
expires an 712212008. and Is not far resale.
User Nales: (940650915)
3
Inll
I~
~ 3.3.2 The Contractor's Fee:
(State a lump Slim, percelllage of Cost of the Work or other p rovision fa I' deremlining the Conrracror's Ff!e and the
method of adjustment to the Fee far clUlnges ill tire War!.:.)
9 3.4 COST OF THE WORK PLUS CONTRACTOR'S FEE WITH A GUARANTEED MAXIMUM PRICE
93.4.1 The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work.
~ 3.4.2 The Contractof's Fee:
(State a lump SIIIlI, percelltage of Cost of the Work or other provision fa I' determining the Contractor's Fee and the
method of adjllstmellt to the Fee for clUlnges ill the Work.)
9 3.4.3 GUARANTEED MAXIMUM PRICE
93.4.3.1 The sum oflbe Cost of the Work and the Conlractor's Fee is guaranteed by the Contractor nollo exceed
($ ), subject to additions and deductions by changes in the Work as provided in the Contnlct Documents. Such
maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would
cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the
Owner.
(Insert specific prol'isiolls if the Contractor is to participate in any savings.)
93.4.3.2 The Guaranteed Maximum Price is based on the following alternates, if any. which are described in the
Contract Documents and are hereby accepted by the Owner:
93.4.3.3 Unit Prices. if any;
(/dclltW' and state the ullit price, and state the quantit)' limitations, if an}', to which the 1m it price will be applicable.)
Item
Units and Limitations
Price Per Unit
9 3.4.3.4 Allowances included in the Guaranteed Maximum Price, if any:
(Identify and state the amounts of any allowances, and state whether the)' include labor, materials, or botlL)
Item
Allowance
~ 3.4.3.5 Assumptions. if any. on which the Guaranteed Maximum Price is based:
ARTICLE 4 PAYMENTS
9 4.1 PROGRESS PAYMENTS
94.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates fOf
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
94.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month. or as follows:
AlA Document A107T" -2007. Copyright @ 1936, 1951, 1958, 1961. 1963, 1966, 1970, 1974. 1978. 19B7, 1997 and 2007 by The American Institute of
Archilecls. All rIghts reserved. WARNII~G: This AlA" Document Is prolected by U.S. Copyright Law and lntemallonal Treaties. Unauthorized
reproducUon or distribution 01 this AtA" Document, or any poTlton 0111. may result In severe clvH and crIminal penallles, and will be prosecuted to the
maxImum exlent possIble under the raw. This document was produced by AlA soflware at 10:45:05 on 1211212007 under Order No.100Q312832_ 4 which
expires on 712212008, and is nol for rasa Ie.
User Noles: (9406509151
4
Inlt.
I~
~ 4.1.3 Provided that an Application for Payment is received by the Architect not laler than the Twentieth day of a
month, the Owner shall make payment of the certified amount to the Contractor not later than the Twenty-fifth day
of the following month. If an Application for Payment is received by the Architect afu:r the date fixed above,
payment shall be made by the Owner nol laler than Sixty ( 60 ) dllys after the Architect receives the Application
for Payment.
(Federal, state Dr local laws may require payment within a certain period of time.)
~ 4.1.4 Retainage, if any. shall be withheld lIS follows:
10%
~ 4.1.5 Payments due and unpaid under the Contract shall hear interest from the date payment is due at the rale staled
below, or in the absence thereot: at the legal rale prevailing from time to time at the place where the Project is
located.
(lnsert rale ofinlim:st agreed UPOll, ifan)'.)
per annum
94.2 FINAL PAYMENT
9 4.2.1 Final pnyment, constituting the entire unpaid balance of the Contract Sum; shall be made by the Owner to t11e
Contractor when
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 18.2, and lo satisfy other requirements, if any, which extend beyond
final payment;
.2 the contractor has submitted a final accounting for the Cost of the Work, where payment is on the
basis of the Cost of the Work with or without a guaranteed maximum price; and
.3 a final Certificate for Payment has been issued by the Architect.
94.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect' 5 final Certificate for Payment, or as follows:
Receipt of Certificate of completion, all Punch list items completed, receipt of all applicable waranties.
ARTICLE 5 DISPUTE RESOLUTION
~ 5.1 BINDING DISPUTE RESOLUTION
For any claim subject to, but not resolved by, mediation pursunnt to Section 21.3, the method of binding dispute
resolution shaH be as follows:
(Check the appropriate bo.t.lJ the OWller and COlltra.ctor do 1/ot select a method of binding di.rpute resolution
beloUl, or do not subsequenlly agree in writing to a billding dispute resolution method other thall litigation, claims
will be resolved ill a cOllrt of competent jurisdiction.)
[ X 1 Arbitration pursuant to Section 21.4 of this Agreement
[ ] Litigation in a court of competent jurisdiction
[] Other (Specify J
ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS
~ 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this
Agreement, are enumerated in the sections below.
!i 6.1.1 The Agreement is this executed AlA Document AI07-20Q7, Standard Form of Agreement Between Owner
and Contractor far a Project of Limited Scope.
I~
AlA Document A10'flU - 2007. CopyrIght @1936, 1951, 195B, 1961, 1963, 1966, 1970, 1974, 1978, 19B7, 1997 and 2007 by The American Institute of
Architects. All rights reserved. WARNING: thIs AlA" Document Is prolecled b~ U.S. Copyright Law and IntemaUonal Trealles. Unauthorized
reproducUon or dlstrlbutlon of thIs AlA" Document, or any portion of II, may resullln severe civil and crimInal penallfes, and wlll be prosecuted 10 the
maxImum extent possible under the law. this document was produced by AlA software at 10:45:05 an 12/1212007 under Order No.l000312832_ 4 which
expires an 712212008, and Is nollar resale.
User Notes: (940650915)
5
Inlt.
95.1.2 The Supplementary and other Conditions of the Conlract.:
Document
Title
Date
96.1.3 The Specifications:
(Either list the Specifications here or refer 10 all e.:rhibit attached co this Agreel1lenr.)
Tille of Specifications ex.bibi[:
(Table deleted)
Ii 6.1.4 The Drawings:
(Either list the Drawings here or refer to all e.thibit attached to this Agreement.)
Number
AO.OI
AO.02-AO.05
AI.OI
AI.02
A2.01-A.2.03
A2.04
A2.05-A2.07
Al.OS
A3.03-AJ.08
A6.01-A6.03
Title
Cover sheet
Specifications
Site Plan
Demo
Partial floor plan East
Partial floor plan West
Partial roof plan ElIst
Partial roof plan West
Wall sections
Partial reflected ceiling
plan East
Partial reflected ceiling
plan West
Column details
Scheduled notes
Details
Electrical plan
A6.04
A8.04
5-1
5-2
E-l - E-4
Ii 6.1.5 The Addenda, if any:
Number
Date
Pages
Date
11/10/2007
1111012007
11110/2007
JJIl 0/2007
11/10/2007
11110/2007
11/10/2007
1111012007
11/1012007
III! 0/2007
11 /1 012007
11/10/2007
11/16/2007
11/1612007
9/13/2007
Pages
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are enumerated in this Article 6.
96.1.6 Additional documents, if any, forming part of the Contract Documents:
.1 Exhibit A, Determination of the Cost of the Work, if applicable.
.2 AIA Document E20 I ThL2007. Digital Data Protocol Exhibit., if completed, or the following:
.3 Other documents:
(List here all)' addiriollElI documents that are i1l1ellded 10 fonll pan of tire Contract Documents.)
Exhibit A Conlractors Estimate
Exhibit B Contractors schedule
ARTICLE 7 GENERAL PROVISIONS
9 7.1 THE CONTRACT DOCUMENTS
The Conlrnct Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable.
Supplementary and other Conditions of the Conlrnct), Drawings, Specifications, Addenda issued prior to the
Init.
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AlA Document Al07"'- 2007. CopyrIght ~ 1936,1951,1958. 1961, 1963. 1966, 1970, 1974. 1978, 1987, 1997 and 2007 by The American Institule of
Architects. All rights raser\led. WARNING: ThIs AlA"' Oocumentls protected by U.S. Copyrlghtl.aw and International Treaties. Unauthorized
reproductfon or distribution 01 this AlAe Document, or any porUon of It, may resultln severe civil and criminal penalties. and will be prosecuted 10 Ihe
mulmum extent possible under the law. This document was produced by AlA software at 10:45:05 on 12/1212007 under Order No.l000312B32_4 whIch
expires an 7122!2008. and Is not for resale.
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execution of this Agreement. Olher documents listed in this Agreemenllllld Modifications issued after execution of
this Agreement A Modification is (1) a wrinen amendment to the Contract signed by bom parties, (2) a Change
Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the
Architect The intent of the Contract Documents is to include all items necessary for the proper execution and
completion of the Work by me Contractor. The Contract Documents are complementary, and what is required by
one shaH be as binding as if required by all; perfonnance by the Contractor shnll be required to the extent consistent
with me Contract Documents and reasonably inferable from them as being necessary to produce the indicated
results.
~ 7.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated
agreement between lhe parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relaLionship of any kind between any persons or entities other than Lhe Owner and
the Contractor.
9 7.3 THE WORK
The term "Work" means the construction and services required by the Contract Documents, whether completed or
partially completed., and includes all other lubor, materials, equipment and services provided or to be provided by
the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project
9 7.4 INSTRUMENTS OF SERVICE
Instruments of Service are representations. in any medium of expression now known or later developed, of the
tangible and intangible creative work performed by the Architect and the Architect's consultants under their
respective professional services agreements. Instruments of Service ma.y include, without limitation, studies,
surveys, models, sketches, drawings, specifications, and other similar materinls.
97.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
97.5.1 The Architect and the Architect's consultants shall be decmed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and will retain :ill common law, statutory and
other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or
equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to
meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as
publication in derogation of the Architect's or Architect's consultants' reserved rights.
~ 7.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use
and reproduce the InstrUments of Service provided to them solely and exclusively for execution of the Work. All
copies made under this authorization shall bear the copyright notice, U any. shown on the Instruments of Service.
The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may nol use the
Insu'uments of Service on other projects or for additions to this Project outside the scope of the Work without the
specific written consent of the Owner, Architect and the Architect's consultants.
97.6 TRANSMISSION OF DATA IN DIGITAL FORM
If the parties intend to transmit Instruments of Service or any other information or documenmtion in digital form,
they shall endeavor to establish necessary protocols governing such transmission, unless otherwise provided in the
Agreement or in the Contract Documents.
ARTICLE 8 OWNER
~ 8.1INFORMA TlON AND SERVICES REQUIRED OF THE OWNER
~ 8.1.1 The Owner shall furnish all necessary surveys and a legal description of the site.
~ 8.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall
exercise proper precautions relating to me safe performance of me Work.
98.1.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,
including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals,
AlA Document A1071U-2007. Copyright Cl1936,1951,1958, 1961, 1963, 1966,1970. 1974, 1978, 1987, 1997 aI1d 2007 by The American Inslllute of
Archllecls. All rights reserved. WARNING: This AlAS Document 15 prolllcted by u.s. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AlA- Document, or any portIon of If, may result In severe civil and crimInal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced by AlA software all 0:45:05 on 12/12/2007 urder Ortler No.100031 2832_4 which
e~pires on 712212008. and Is nol lor resale.
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easements, assessments and charges required for the construction. use or occupancy of pennanent structures or for
permanent changes in existing facilities.
9 B.2 OWNER'S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract DocumenLr;,
or repeatedly fails to carry out the Work in accordance with u1e Contract Documents, the Owner may issue a written
order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated;
however, the right of the Owner to stop the Work shull not givc rise to a duty on the part of the Owncr to exercise
this right for the benefit of the Contractor or any other person or entity.
9 8.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contraclor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails
within a ten-day period after receipt of \vritten notice from the Owner to commence and continue correction of such
default or neglect with diligence and promptness, the Owner, without prejudice to any other remedy the Owner may
have, may correct such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and
compensation for the Architect's services madc necessary thereby, fTOm the payment then or thereafter due the
Contractor.
ARTICLE 9 CONTRACTOR
9 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDlTlONS BY CONTRACTOR
9 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,
become genemlly fllIIliliar with local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents.
99.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the
Work, carefully study and compllfe the various Contract Documents relative to that portion of the Work, as well as
the information furnished by the Owner pursuant to Section 8.1.] . shall take field measurements of any existing
conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These
obligations are for the purpose of facilitating coordination and construction by the Contractor and arc not for the
purpose of discovering errors, omissions. or inconsistencies in the Contract Documents; however, the Contractor
shall promptly report to the Architect any errors. inconsistencies, or omissions discovered by or made known to the
Contractor as a request for infonnation in such form as the Architect may require. It is recognized that the
Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional
unless otherwise specifically provided in the Contract Documents.
99,1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable
laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor
shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a
request for information in such fonn as the Architect may require.
9 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES
~ 9.2.1 The Contractor shall supervise rmd direct the Work, using the Contractor's best ski1l and atlention. The
Contractor shall be solely responsible for and bave control over construction means, methods, techniques, sequences
and procedures. and for coordinating all portions of the Work under the Contract, unless the Contract Documents
give other specific instructions concerning these matters.
9 9.2.2 The Contractor shaU be responsible to the Owner for acES and omissions of the Contr.lclQr'S employees,
Subcontractors and their agents and employees, and other persons or entities perfomung portions of the Work for or
on behalf of the Contractor or any 0 f its Subcontractors.
99.3 LABOR AND MATERIALS
99.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transpormtion, and other
facilities and services necessary for proper execution and completion of the Work whether temporary or pennanent
and whether or not incorporated or to be incorporated in the Work.
AlA Document Al071" _ 2007. Copyright il:I1936, 1951, 1959, 1961,1963.1966, 1970, 1974. 1978, 1987,1997 and 2007 by The American Institute at
Archllecls. All rIghts reserved. WARNING: ThIs AlA" Document I. protected by US. CopyrIght Law and Inlemallonal Treaties. Unaulhorlzed
reproduction or dlslrlbullon of thIs AlA" Document. or any portion 0111, may result In severe civil and crIminal panallles, and will be prosecuted to the
maKlmum edent possible under the law. This document was produced by AlA software all0:45:05 on 12/12/2007 under Order Na.l000312832_ 4 which
eKplres on 7/2212008, and Is not for resale.
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~ 9.3.2 The Contractor shall enforce strict discipline and good order among the ContracLOr's employees and other
persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled
in tasks assigned to them.
~ 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect
and in accordance with a Modification.
~ 9.4 WARRANTY
The Contractor warrants to the Owner and Architect that materinls and equipment furnished under the Contract will
be of good quality nnd new unless the Contract Documents require or permit otherwise. The Contractor further
warrants that the Work will comoro\ to the requirements of the Contract Documents and will be free from defects,
except for those inherent in the quality of the Work the Contract Documents require or pennit. Work, materials, or
equipment not conforming to these requirements may be considered defective. The Contractor's warrnntyexcludes
remedy for damage or defecl caused by abuse, alterations to the Work not executed by the Contractor, improper or
insufficient maintennnce. improper operation or normal wear and tear under normal usage.
~ 9.5 TAXES
The Conlractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received
or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
g 9.6 PERMITS, FEES, NOTICES1 AND COMPLIANCE WITH LAWS
!i 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
permit as well as other permits, fees, licenses and inspections by government agencies necessary for proper
execution and completion of the Work that are customarily secured after execution of the Contract and legally
required at the time bids are received or negotiations concluded.
9 9.6.2 The Contractor sball comply with and give notices required by applicable laws, stamtes, ordinances, codes,
rules, and regulations, and lawful orders of public authorities applicable to perforn)ance of the Work. If the
Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and
regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for sucb
Work and shall bear the costs attributable to correction.
99.7 ALLOWANCES
The Contractor shall include in the Contract Sum all allowances staled in the Contract Documenls. The Owner shall
select materials and equipment under allowances with reasonable prompUless. Allowance amounts shall include the
costs to the Contractor of materials and equipment delivered at me site and all required taxes, less applicable trade
discounts. Allowance amounts shall not include the Contractor's costs for unloading and handling at the site, labor,
installation, overhead, and profit.
99.8 CONTRACTOR'S CONSTRUCTION SCHEDULES
!i 9.8.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and
Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits
current under the Contract Documents, sball be revised at appropriate intervals as required by the conditions of the
Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall
provide for expeditious and practicable execution of the Work.
99.8.2 The Contractor shall perform the Work in general accordnnce with the most recent schedule submitted to the
Owner and Architect.
fi 9.9 SUBMITTALS
~ 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop
Dmwings. Product Data, Samples and similar submittals required by the Contract Documents in coordination wi th
the Contructor's construction schedule and in such sequence as to allow the Architect reasonable time for review. By
submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner
and Architect that the Contractor has (1) reviewed and approved mem; (2) determined and verified materials, field
measurements and field construction criteria related thereto, or will do so; and (3) checked and coordinated the
Inll.
AlA Documenl A107Tl.l- 2007. Copyrlghl Cl:l1936. 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978. 1987, 1997 and 2007 by The American Instllute of
An:hilects. All rights reserved. WARNING: This AIAo Document Is protected by U.s. Copyright Law and InlematJonal Treaties. UnauthorIzed
reproductIon or dlstrlbullon of thIs AIAD Document. or any portIon of It, may result In severe civil and criminal penalties, and will be prosecuted 10 the
maximum extent posslbla under the IBW. This documenl was produced by AlA software at 10:45:05 an 12/12/2007 under Order No.100031283:!_ 4 which
expires on 712212008, and Is not (or resale.
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infonnauon conmined within such submittnls withl.i1e requirements of the Work:md of the Contract Document.s.
The Work shall be in accordance with approved submittals
99.9.2 Shop Dra\.\~ngs, Product Data, Samples and similar submittals are nm Contract Documents.
99.10 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by applicable laws. stnwtes, ordinances, codes,
rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably
encumber the site with materials or equipment.
99.11 CUTTING AND PATCHING
The Contractor shall be responsible for cutting. fitting or patching required to complete tile Work or to make its
part~ fit together properly.
9 9.12 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials,
rubbish. the Contractor's tools, construction equipment, machinery and surplus material from and abom the Projecl
99.13 ROYALTIES, PATENTS AND COPYRIGHTS
The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for inrringcment
of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account rbereof, but
shall not be responsible fur such defense or loss when a particular design, process or product of a particular
manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are
contained in Drawings, Specifications or other documents prepared by the Owner or Architect However, if the
Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a
patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the
Architect.
99.14 ACCESS TO WORK
The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever
located.
!i 9.15 INDEMNIFICATION
99.15.1 To the fullest extent permitted by Inw, the Contractor sball indemnify and hold harmless the Owner,
Architect, Architect's consultants and agents and employees of any of them from and against claims, damages,
losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the
Work, provided that sueh claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,
or to injury to or destruction of Langible property (other than the Work ilseif), but only to the extent caused by the
negligent acts or omissions of d1e Contractor. a Subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge. or reduce
other rights or obligations of indemnity wl1ich would otherwise exist as to a party or person described in this Section
9.15.1.
99.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor,
a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the
indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts.
disability benefit acts or other employee benefit acts.
ARTICLE 10 ARCHITECT
910.1 The Architect will provide administration of the Contract and will be an Owner's representative during
construction, until the date the Architect issues the final Certificate for PaymenL The Architect wm have authority to
act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in
writing in accordance with other provisions of the Contract.
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AIAOocumentA1Q7TU-~Q7.CopyrlghlICl1936.1951, 1958.1961.1963.1966, 1970.1974, 1978, 19B7, 1997 and 2007 by The AmencanInslilUteof
An:lIilecls.. All rights reserved. WARNING: This AlA" Oocumcnlls protected by U.S. CopyrIght Law and InlllmaUonal TreatIes. Unauthorized 10
reproduction or dlstrlbutlon of this AlA" Document, or any portion of II, may resullln Sllvare civil and criminal penalties. and will be prosecuted to the
ma%/mum elClenl possible under lhe law. ThIs document was produced by AlA software at1 0:45:05 on 12/12/2007 under Order No.100031:ul32_ 4 whJch
expires on 7/22/2008, and is nol for resale.
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~ 10.2 The Architect will visit the site at intervals approprhne LO the slage of the construction to become generally
familiar with the progress and quality of the portion of lbe Work completed, and to determine in genernl. if the Work
observed is being performed in a llUUlner indicating that the Work, when fully completed, will be in accordance with
the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. The Architect will not have control over. charge of, or
responsibility for. the construction means, methods. techniques, sequences or procedures, or for safety precautions
and programs in connection with the Worl~ since these are solely the Contractor's rights and responsibilities under
the Contract Documents.
~ 10.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and
quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract
Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and
deficiencies observed in the Work. Tbe Architect will not be responsible for the Contractor's failure to perfonn the
Work in accordance wiLh the requirements of the Contract Documents. The Architect will not bave control over or
charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors. or their agents or
employees, or any other persons or entities performing portions of the Work.
~ 10.4 Based on the Architect's evaluations of the Work and of the Contractor's Applications for Payment, the
Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such
anlOunts.
fi 10.5 The Architect has authority to reject Work that does not confonn to the Contract Documents and to require
inspection or testing of the Work.
g 10.6 The Architect will rev;ew and approve or take other appropriate action upon the Contractor's submittals such
as Shop Drawings, Product Dala and Samples, but only for the limited purpose of checking for conformance with
informaLion given and the design concept expressed in lbe Contract Documents.
g 10.7 The Architect will interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Contractor. The Architect will mnl.e initial decisions
on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for
results of any interpretations or decisions rendered in good faith.
g 10.8 The Architect's decisions on matters relating to aesthetic effect will be finnl if consistent with the intent
expressed in the Contract Documents.
fi 10.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents
shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect
Consent shall not be unreasonably withheld.
ARTICLE 11 SUBCONTRACTORS
~ 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perfonn a portion of the
Work at the site.
g 11.2 Unless otherwise slated in the Contract Documents or the bidding requirements, the Conlractor, as soon as
practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the
Subcontractors or suppliers for each of the principal portions of the Work. The Contractor shall not contract with
any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten
days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subconlractor
was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or
decreased by the difference, if any, occasioned by such chnnge. and an appropriate Change Order shall be issued
before commencement of the substitute Subcontractor's Work. The Contractor shall not be required Lo contract with
anyone to whom the Contractor has made reasonable objection.
~ 11.3 Contracts between the Contractor and Subcontractors shall (l) require each Subcontractor, to the extent of the
Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents,
and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of
Inlt.
AlA Document Al0?'" -2007. Copyright @ 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Inslllute of
Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.s. Copyright Law and lntemallonal Treaties. Unauthorized 11
reproduction or dlslrlbutlon 01 this AlA" Document, or any portion of It, may resullln severe clvll and crimInal penalties, and will be prosecuted to the
maximum exlent passlble under the law. ThIs document was produced by AlA saltware at 10:45:05 on 12/1212007 under Order No.1 000312832 4 which
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the Subcontractor's Work, which the Conl.r.lclor, by the Contract DocumenL~, assumes toward the Owner and
Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor thaL
the Contractor, by these Contract Documents, has against Ule Owner.
ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
9 12.1 The Owner reserves the right to perform construction or operations related to the Project with lbe Owner's
own forces, and to award separate contracts in connection with odler portions of the Project or other constl11ction or
operations on the site under conditions of the contract identical or substnntially similar to dlese, including those
portions related to insurance and waiver of subrogation. If the Contr.!ctor claims that delay or additional cost is
involved because of such action by the Owner, the Contractor shall make such claim as provided in Article 2 t.
9 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and
storage of their materials and equipment and performance of their activities, and shall connect and coordinate the
Contractor's activities with rbeirs as required by the Contract Documents.
9 12.3 The O\.\'l1er shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a
separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The
Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly
timed activities, damage to the Work or defective construction of a separate contractor.
ARTICLE 13 CHANGES IN THE WORK
~ 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the ContracL The
Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted
accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner,
Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect.
~ 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined
by mutunI agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and
Architect, by the Contractor's cost oflabor, material, equipment:, und reasonable overhead and profit, unless the
parties agree on another method for determining the cost or credit Pending final determination of the total cosl of a
Construction Change Directive, the Contractor may request payment for Work completed pursuant to the
Construction Change Directive. The Architect will malce an interim determination of the amount of payment due for
purposes of certifying the Contractor's monthly Application for Payment When the Owner and Contrnctor agree on
adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect
will prepare a Change Order.
!i 13.3 The Architect will have authority to order minor changes in thc Work not involving adjustment in the
Contract Sum or extension of the Contract Time and not inconsistent with the intent of rbe Contract Documents.
Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The ConlrJctof
shalJ carry out such written orders promptly.
g 13.4 If concealed or unknown physical conditions are encountered at tile site that differ materially from those
indicated in the Contract Documents or from those conditions ordinarily found to ex.ist, the Contract Sum and
Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor, provided that the
Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed.
ARTICLE 14 TIME
!i 14.1 Time limits stated in the Contract Documents are of the essence of the Contract By executing the Agreement
the Contractor confU1TlS that the Contract Time is a reasonable period for perfonning the Work.
!i 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjUslments, allotted in
the Contract Documents for Substantial Completion of the Work.
~ 14.3 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically
dellned.
Inll
AlA Document A107'" _ 2D07. Copyright'" 1936, 1951.1958. 1961. 1963. 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Insmute of
Architects. All rights reserved. WARNING: Ttlls AlA" Document Is protected by U.S. Copyrlgtlt Law ancllnlernatlonal Treatles. UnauLtlorl2ed 12
reproductfon or dlslrlbuUon of this AlA'" Document, or any portion of It, may result In severe civil and crimInal penalties, and will be prosecuted to the
maxImum extent possible uncler the law. ThIs documenl was produced by AlA software at 10:45:05 on 12/1212007 under Order No.l000312832_ 4 which
expires on 7/22/2008. and is not lor resale.
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~ 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.4.3.
~ 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in
the Work, by labor disputes. fire. unusual delay in deliveries, abnormal ndverse weather conditions not reosonnbly
anticipatable, unavoidable cosua1ties or any causes beyond the Contractor's control. or by other causes which the
Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such
reasonable time as the Architect may detennine, subject to the provisions of Article 21.
ARTICLE 15 PAYMENTS AND COMPLETION
915.1 APPLICATIONS FOR PAYMENT
~ 15.1.1 Where the Contract is bosed on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum
Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values,
allocating the entire Contract Sum to the various portions of the Work. prepared in such fonn and supported by such
data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect,
shall be used in reviewing the Contractor's Applications for Payment.
~ 15.1.2 With each Application for Payment where the Contract Sum is based upon the Cost ofthc Work, or the Cost
of the Work with a Guaranteed Maximum Price, the Contractor shall submit payrolls, petty cash accounts, receipted
invoices or invoices with check vouchers attached. and any other evidence required by the Owner to demonstrate
that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1)
progress payments already received by the Contractor, less (2) that portion of those payments attributable to the
Contractor's Fee; plus (3) payrolls far the period covered by the present Application for Payment.
915.1.3 Payments shall be made on account of materials and equipment delivered and suitably stored at the site for
subsequent incorporation in Ule Work. If approved in advance by the Owner, payment may similarly be made for
materials and equipment stored. and protected from damage. off the site at a location agreed upon in writing.
~ 15.1.4 The Contractor WllITllnts that title to all Work covered by an Application for Payment will pass to the Owner
no later than the time of payment. The Contractor further warrants that upon submittal of an Application for
Payment all Work for which Certificates for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor's knowledge, information and belief. be free and clear of liens, claims,
security interests or other encumbrances adverse to the Owner's interests.
915.2 CERTIFICATES FOR PAYMENT
915.2.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue
to the Owner a Certiticnte for Payment, with a copy to the Contractor, for such amount as the Architect detennines
is properly due, or notify the Contractor and Owner in writing of me Architect's reasons for withholding
certification in whole or in part as provided in Section 15.2.3.
915.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,
based on the Architect's evaluations of the Work and the data comprising the Application for Payment, that, to the
best of the Architect's \mowledge. information and belief, the Work has progressed to the point indicated and that
the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to
an evaluation of the Work for cOnfOmla11Ce with the Contract Documents upon Substantial Completion, to results of
subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion
and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance
of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-
site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques.
sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers
and other data requested by t:he Owner to substantiate the Contractor's right to payment, or (4) made examination to
ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
~ 15.2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary
to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 15.2.2
cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will
notify the Contractor and Owner as provided in Section 15.2.1. If the Contractor and the Architect cannot agree on a
AlA Document 4107111 - 2Q07. CopyrlghtlCl1936. 1951. 1958, 1961,1963. 1966,1970,1974,1978. 19B7. 1997 and 2007 by The American tnstitule or
Architects. All rights reserved. WARNING: ThIs AlA'" Document Is protected by U.s. Copyright Law and Intemallonal Trealles. Unauthorized
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revised amount, the Architect .."ill promptly issue a Certificate for Payment for the amount for which the Architect is
able to make such representations to the Owner, Tbe Architect may also withhold a Certificate [or Payment Of,
because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment
previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for
which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2.
because of
,1
.2
.3
defective Work not remedied;
third pmty claims filed or reasonable evidence indicating probable filing of such claims unless
security acceptable to the Owner is provided by the Contractor;
failure of the Contractor to make paymenlS properly to Subcontractors or for labor, materials or
equipment;
reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
damage to the Owner or a separate contractor;
reasonable evidence that the Work will not be completed within the Contruct Time and that the
unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
or
repeated failure to carry out the Work in accordance with the Commct Documents.
.4
.5
.6
.7
~ 15.2.4 W1len the above reasons for withholding certification ore removed, certification wilJ be made for amounts
previously withheld.
915.3 PROGQESS PAYMENTS
~ 15.3.1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment, the amount
to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on
account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each
Subcontractor. require each Subcontractor to make payments to sub-subcontractors in similar manner
Ii 15.3.2 Neitl,er the Owner nor Architect shall have an obligation to payor see to the payment of money to a
Subcontractor except as may otherwise be required by law.
Ii 15.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
915.4 SUBSTANTIAL COMPLETION
915.4,1 Substanfial Completion is the stage in the progress of the Work when the Work or designated portion thereof
is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its imended use.
Ii 15.4.2 When the Contractor considers tlmt the Worl" or a portion thereof which the Owner agrees to accept
separately, is substantially complete, the Contractor shall prepare and submit to lhe Architect a comprehensive list of
items to be completed or corrected prior to final payment Failure to include an item on such list does not alter the
responsibility of the Contractor lo complete aJ] Work in accordance with the Contract Documents.
~ 15.4.3 Upon receipt of the ContraclOr's list, lhe Architect will make an inspection to determine whelher the Work
or designated portion thereof is substantially complete. When the Architect determines that the Work or designated
portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall
establish the date of Substanllal Completion, establish responsibilities of the Owner and Contractor for security,
maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall
finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall
commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise
provided in lhe Certificate of Substantial Completion.
~ 15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if
any, the Owner shall malce payment of retainage applying to such Work or designated portion thereof. Such payment
shall be adjusted for Work tJ,at is incomplete or not in accordance with tlle requirements of the Contract DocumenlS.
Inlt.
AlA Document A10rru -2007. Copyright e 1936, 1951,1958,1961.1963. 1966,1970, 1974, 1978, 1987, 1997 and 2007 by The American Institule ot
Archltec\!l. All rights reserved. WARNING: Thts AlA" Document Is protected by U.S. Copvrlghl Lnw ilna Internallonal Treaties. Unauthorized 14
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~ 15.5 FINAL COMPLETION AND FINAL PAYMENT
S 15.5.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acc:eplance
and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the
Architect finds the Work acceptable under the Contract Documents and the Contract fully perfonned. the Architect
will prompl1y issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information
and belief, and on the basis of the ArcWlect's on-site visits and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will
constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contrnclor's being
entitled to final payment have been fultilled.
~ 15.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all
liens arising out of this Contract or receipts in full covering aU labor, materials and equipment for which a lien could
be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lieB remains
unsatisfied after payments are made, the Contractor shall reCund to the Owner all money that the Owner may be
compelled to pay in discharging such lien, including costs and reasonable attorneys' fees.
~ 15.5.3 The malting of final payment shall constitute a waiver of claims by the Owner except those arising from
.1 liens, claims, security interests or encumbl'l1Dces arising out of the Controct and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Controct Documents.
915.5.4 Acceptance of final payment by the COnLnlClOr, a Subcontractor or material supplier shaIl constitute a
waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
the time of final Application for Payment
ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY
9 16.1 SAFETY PRECAUTIONS AND PROGRAMS
The Controctor shall be responsible for initiating, maintaining and supervising all safety precautions and programs
in connection with the perfonnance of the Contract. The Contractor shall take reasonable precautions for safety of,
and shall provide reasonable protection to prevent damage. injury or loss La .
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
sile, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-
subcontractors; and
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
rondways, structures and utilities not designated for removal, relocation or replacement in the course
of construction.
The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and
regulations, and lawfuJ orders of public authorities bearing on safety of persons and property and their protection
from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or
in part by the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of
them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections
J 6.1.2 and 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone
for whose acl~ either of them may be liable. and not attributable to the fault or negligence of the Contractor. The
foregoing obligations of the Contractor are in addition to the Contractor's obUgations under Section 9.15.
~ 16.2 HAZARDOUS MATERIALS
~ 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding
hnzardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract
Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons
resulting from a material or substance, including buc not limited to asbestos or polychlorinated biphenyl (PCB),
encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop
Work in the affected area and report the condition to the Owner and Architect in writing. When the material or
subslance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner
,(2
AlA Document A107tu -2007. Copyright;) 1936,1951,1958,1961,1963.1966,1970,1974,1976,1 987,1997 and 2007 by The Amerll:an institute of
Archileds. All rIghts reserved. WARNING: This AIAD Document 15 pralecled by U.s. Copyright Law and Internatlanal Treaties. Unauthorized 15
reproductIon or dlstrlbullon af this AlA'" Document, or any portlan of it, mOlY resuftln severe civil and crIminal penalties, and wfll be prosecuted to the'
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and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Conlract Sum shall be
increased in the amount of the CODtractor's reasonable additional costs of shuldown, delay and stllt-up.
~ 16.2.2 To the fullest extent permitted by law, the Owner sball indemnify and hold harmless the Contractor,
Subcontractors, Architect, Architect's consulw.nts md agents and employees of any oflhem from and against
claims. danmges, losses and expenses. including but Dot limited to auorneys' fees, arising out of or resulting from
perfonuance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or
death as described in Section 16.2.1 and has not been rendered harmless, provided that such claim, damage. foss or
expense is attributable to bodily injury. sickness, disease or death, or to injury to or destruction of tangible property
(other thDll the Work itseIf), except to tile extent that such damage, loss or expense is due to the fault or negligence
of the party seeking indemnity.
9 16.2.3 If, wiLhout negligence on the part of the Contractor, the Contractor is held liable by a government agency for
the cost of remediation of a hazardous material or substance solely by reason of perfonning Work as required by the
Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.
ARTICLE 17 INSURANCE AND BONDS
917.1 The Comractor shall purchase from, and maintain in a compDllY Dr companies lawfully <luthorized to do
business in the jurisdiction in which the Project is (ocated, insurance for protection from claims under workers'
compens<ltion acts and oUler employee benefit acts which are applicable, claims for damages because of bodily
injury, including dead), and claims for damages, other than to the Work itself, to property which may arise out of or
result from the Conlractor's operations and completed operations under the ConLrnct, whether such operations be by
the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall
be written for not less than limits of liability specified in the Contract Documents or required by law, whichever
covel1lge is greater, and shall incJude contractual liability insurance applicable to the Contractor's obligations under
Section 9.15. Certificates ofInsurance acceplable to the Owner shall be frJed Witil the Owner prior to
commencement of the Work. Each policy shall contnin a provision that the policy will not be canceled or allowed to
expire until at least 30 days' prior written notice has been given to the Owner. The Contractor shall cause the
commercial liability coverage required by the Contrnct Documents to include: (1) the Owner, the Architect and the
Architect's Consultants as additional insureds for claims caused in whole or in part by the Cono'actor's negligent
acts or omissions dming the Cona-dctor's operations; and (2) the Owner as an additional insured for claims caused in
whole or in part by the Contractor's negligent acts or omissions dming the Contractor's completed operations
917.2 OWNER'S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining we Owner's usual liability insurance.
917.3 PROPERTY INSURANCE
917.3.1 Unless otherwise provided, the Owner shaIl purchase and maintain, ill a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located, property insurance on an "all-risk" or
equivalent policy form, including builder's risk. in the amount of the initial Contract Sum, plus the value of
subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire
Project at We site on a replacement cost basis wilhout optional deductibles. Such property insurance shall be
maintained, unless otherwise provided in the Contract Documents or otbenvise agreed in writing by all persons and
entities who are beneficiaries of such insurance, until finnl payment has been made as provided in Section J 5.5 or
until no person or entity other Lhan the Owner has an insurable interest in the property required by this Section
17.3.110 be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor,
Subcontractors and sub-subcontractors in the Project
S 17.3.2 The Owner shall file a copy of each policy with the Contractor before an exposure La loss may occur. Each
policy shall contain a provision that the policy will not be canceled or allowed to expire, and that ilS limits will not
be reducetL until at least 30 days' prior written notice bas been given to the Contractor.
g 17.3.3 The Owner and Contractor waive all rights against (I) each other and any of their subcontractors, sub-
subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate
contractors described in Article 12, if any, llnd any of their subcontractors, sub-subcontractors, agents and
employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained
pursuant to Section 17.3 or other property insurance applicable to the Work, except such rights as they have to
I~
AlA Document A107'" - 2007. CopYrfght iCl 1936, 1951,1958. 19lil, 1963,1966. 1970, 1974. 1978. 19B7. 1997 and 2D07 by The American Inslitute 01
ArchltBCts, All rights reserved. WARNING: Tills ,1.1,1." Document Is protecled by U.s. Copyright Law and Inlemetlonal Traatles. Unauthorized 16
reprodul:tlon or dlstrlbutlon of Ihls AlA" Document, or any portion at If. may result In severe clltll and crimInal penall/es, and will be prosecuted 10 Ihe
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proceeds of such insurance held by the Owner as fiducim-y. The Owner or Contractor, as appropriate, shall require of
the Architect, An:hitecL's consulLants, separate contractors described in Article 12, if any, and the subcontractors,
sub-subcontrilctors, agents and employees of any of them, by appropriate agreements, written where legally required
for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such
waivers of subrogation by endorsement or otherwise. A wai vcr of subrogation shall be effective as to a person or
entity even though that person or entity would otherwise bave a duty of indemnification, contractual or otherwise,
did not pay the insurance premium directly or indirectly. nnd whether or not the person or entity had an insurable
interest in the property damaged.
g 17.3.4 A loss insured under the Owner's property insurance shall be adjusted by dle Owner as fiduciary and made
payable to the Owner as fiduciary for the insureds, as their interests may appear. subject to requirements of any
applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds
received by lhe Contrnctor, and by appropriate agreements, written where legally required for validity. shall require
Subcontractors to make payments to their sub-subcontractors in similar manner.
917.4 PERFORMANCE BOND AND PAYMENT BOND
~ 17.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of
the Contract and payment of obligations arising t.bereunder as stipulated in bidding requirements or speciflcally
required in the Contract Documents on the date of execution of the Contract.
9 17.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment
of obligations :msing under the Contract, the Contractor shall promplly furnish II copy of the bonds or shall
authorize a copy to be furnished.
ARTICLE 18 CORRECTION OF WORK
~ 18.1 The Conlractor shall promptly correct Worle rejected by the Architect or failing to confonn to the
requiremenrs of the Contract Documents, whether discovered before or after Substantial Completion and whether or
not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and
inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses
made necessary lhereby, shall be at the Contractor's expense, unless compensable under Section A.2.7.3 in Exhibit
A, Determination of the Cost of the Work.
~ 18.2 In addition to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial
Completion of the Work or designated portion thereof or after tbe date for commencement of warranties established
under Section 15.43, or hy (erms of an applicable special warranty required by the Contract Documents, any of the
Work is found to be not in accordance with the requirements of the Contract Documents, the Contrnctor shall COITect
it promptly after receipt of written notice from the Owner to do so urness the Owner has previously given the
Contractor a written acceptance of such condition. The Owner shaU give such notice promptly after discovery of tlle
condition. During the one-year period for correction of Work, if the Owner fails to notify the Conlractor and give the
Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the
Contractor and to make a claim for breach of warranty.
918.3 If the Conl.ractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in
accordance with Section 8.3.
918.4 The one-year period for correction of Work shall be extended with respect to portions of Work frrst performed
after Substantial Completion by the period of time between Substantial Completion and the actual completion of that
portion of the Work.
~ 18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Article 18.
ARTICLE 19 MISCELLANEOUS PROVISIONS
~ 19.1 ASSIGNMENT OF CONTRACT
Neither party to the Contract shall nssign the Contract without written consent of the other, except that the Owner
may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the
AlA Documenl A107TU -2007. CopyrIght Cl1936, 1951, 1958. 1961, 1963, 1966, 1970, 1974, 1978.1987, 1997 and 2007 by The American lnfitlfute 01
Archil8cJs. All rights reserved. WARNING: ThIs AlA" Document Is protecled by U.s. Copyright Law and International Trealles. Unauthorized 17
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Project if the lender assumes the Owner's rights and obligations under Ule Contract Documenl~. The Contractor shall
execute all consents reasonably required to facilitate such assignment.
!i 19.2 GOVERNING LAW
The Contract shall be governed by the law of the phlce where the Project is located., except, that if the pnrties have
selected arbilration as the method of binding dispute resolution, llle Federal Arbitration Act shall govern Section
21.4.
!i 19.3 TESTS AND INSPECTIONS
Tests, inspections and approvals of portions of the Work required by lhe Contract Documents or by applicable laws,
stntutes, ordinances, codes, roles and regulations or lawful orders ofpubUc authorities shall be made at an
appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and
approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public
authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect
timely notice of when and where tests and inspections are to he made so that the Architect may be present for such
procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until
after bids are received or negotiations concluded., and (2) tests, inspections or approvals where building codes or
applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor.
919.4 COMMENCEMENT OF STATUTORY UMITATION PERIOD
The Owner and Conlractor shall commence all claims and causes of action, whelller in conlract, tort, breach of
warr.mty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements
of me final dispute resolution method selected in the Agreement within the period specified by applicable law, but in
any case not more than 10 years after the date of Substantial Completion of dle Work. The Owner and Contractor
waive all claims and causes of action not commenced in accordance with this Section 19.4.
ARTICLE 20 TERMINATION OFTHE CONTRACT
~ 20.1 TERMINATION BY THE CONTRACTOR
If the Architect fails to certify payment as provided in Section J 5.2.1 for a period of 30 days through no fault of the
Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the
Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Conlract
and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred
by reason of such te.nnination, and damages.
9 20.2 TERMINATION BY THE OWNER FOR CAUSE
~ 20.2.1 The Owner may terminate. the Contract if the Contractor
.1 repeatedly refuses or fails to supply enough properly skilled workers or proper mate.rials;
.2 fails to mal.e payment to Subcontractors for materials or labor in accordance with the re!;])cctive
agreements between the Contractor and the Subcontractors;
.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations or lawful
orders of a public authol'ity; or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
920.2.2 When any of the above reasons exists, lhe Owner, upon certification by the Architect that sufficient cause
exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the
Conlractor seven days' written notice, terminate the Contract and take possession of the site and of all materials,
equipment, tools, and consu-uction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever reasonable method the Owner may deem expedient. Upon request of the Conlractor, the Owner
shall furnish to the Conlractor a demiled accounting of tile costs incurred by the Owner in finishing the Work.
920.2.3 When the Owner lenninates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shaH
not be entitled to receive further payment until the Work is finished.
920.2.4 lEthe unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not
expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, a.~ the case
AtA Document A107t1l- 2007. CopyrIght (tJ 1936. 1951, 1959. 1961, 1963, 1966, 1970. 1974. 1978, 1997, 1997 and 2007 by The American Institute or
Archllecls. All rIghts reserved. WARNING: This AlAe Document Is protected by US. CopyrIght Law Dnd International Treaties. Unauthorized 18
reproduction or dIstrIbution of this AlA" Document, or any portIon 0111, mDY result In severe cIvil Dnd criminal penalties, and Villi be prosecuted 10 the
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may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive
termination of the Contrnct.
9 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE
The Owner may, at any time, terminate the ConlraCL for the Owner's convenience and without cause. The Contractor
shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with
reasonable overhead and profit on the Work: not executed.
ARTICLE 21 CLAIMS AND DISPUTES
921.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those
alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall be referred
initially to the Architect for decision. Such matters. except those waived as provided for in Section 21.8 and Sections
15.53 and 15.5.4. shall, after initial decision by the Architect or 30 days a.ncr submission of the matter to the
Architect:., be subject to mediation as a condition precedent to binding dispute resolution.
921.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party
asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing
deadlines.
921.3 The parties shall endeavor to resolve thejr disputes by mediation which, unless the parties mutually agree
otherwise, shall be administered by the American Arbitration Association in accordance with their Consln1ction
Industry Mediation Procedures in effect on Ihe date of the Agreement. A request for mediation sball be made in
writing, delivered to the other party to this Agreement, and filed with the person or entity administering the
mediation. The request may be made concurrently with the binding dispute resolution but, in such event:., mediation
shall proceed in advance of binding dispute resolution proceedings. which shall be stayed pending mediation for a
period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the
arbitrator(s) and agree upon a schedule for later proceedings.
921.4 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any
claim, subject to, but not resolved by, mediation shall be subject to arbitration which. unless the parties mutually
agree otherwise, shall be administered by the American Arbitration Association, in accordance with the
Construction Industry Arbitrntion Rules in effect on the date of this Agreement. Demand for arbitration shall be
made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the
arbitration. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
accordance with applicable law in any court huvingjurisdiction Ihereof.
~ 21.5 Either party, at its sole discretion. may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided Ihat (1) the arbitration agreement governing Ihe odler arbilration
permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
~ 21.6 Any party to an arbitration may include by joinder persons or entities substantially involved in a common
question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the
party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or
entity shan not constitute consent to arbitration of a Claim not described in the written Consent.
~ 21.7 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly
consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having
jurisdiction thereof.
921.8 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive claims against each other for consequential damages arising out of Of relating to
this Contract This mutual waiver includes
.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productivity or of the services of
such persons; and
AlA Document A1071" _ 2007. Copyright @ 1935, 1951, 1958, 1961. 1963. 1866, 1970, 1974, 1978, 1987.1997 and 2007 by The American InsUlule of
Archllecls. All rights reserved. WARNING: This AlA" Document Is prolected by U.s. Copyrlghl Law and Intemollonal Treaties. Unauthortzed
reproduction or dTstrlbutlon ollhls AlAe Document, or any portIon or Il, may resullln severe eMI and criminal penallles, and will be prosecuted to the 19
maxImum extent possible under the law. This- document was produced by AlA sortware at 10:45:05 on 12/1212007 under Order No.1 000312832_4 which
expires on 7/22/2008, and Is nollor resale.
User Notes: (940650915)
Inlt.
'r
.2 damages incurred by the Contractor for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit
except anticipated profit arising directly from the Work.
This mutual waiver is applicable. without limitation, to alJ consequential damages due (0 either party's termination
in accordance with Article 20. Nothing contained in this Section 21.8 shall be deemed to preclude an award of
liquidated damages, when applicable. in accordance with the requirements of the Contract Documents.
OWNER (Signature)
Larry Bernick. Vice President
Woolbright Sunshine LLC,
A Rorida limited liability company
By; Woolbright Sunshine Member LLC
A Florida limited liability company
Its Sole member
(Primed name and rifle)
Randy Lebolo, President
(Printed name and title)
Init.
AlA Document A107TU - 2007. CopyrIght ~ 1936, 1951, 1958, 1961. 1963. 1966. 1970, 1974, 1978.1987,1997 and 2007 by The American Institule 01
Archllecls. All rights reserved. WARNING: ThIs AlA" Document Is protected by u.s. Copyright W1w and InternoUonal Treaties. Unauthorized 20
reproducllon Of distribution of this AlA" Documenl, or any portion of II, may result!n severe eMI and crlmlnal penalties, and will be prosecuted to the
maximum exlent pOSSible under the law. This document was produced by AlA software at 10:45:05 on 1211212007 under Order No.1000312832_ 4 which
tV expires on 7/2212008, and Is not for resals.
L User Noles: (940650915\
ElM\I" A
LEBOLO CONSTRUCTION MANAGEMENT
21 00 CORPORATE DlUVE
BOYNTON BEACH, FL 33426
... ESTIMATE SHEET".
... BUILDING E,\ST & WEST FINAL DRAWING **.
".ALL WOOD Tlmss ...
IlE
SUNSUINE SQUARE SIIOI')'ING CENTER
Cnrner urWllnlbrlght Rd. lInd l'etIcrnl Hlglnvn)' In DII)'uton Dellcb, Florldn
E51i1\lllle Dule
Prinled on
2007-UU62
1211012007
1211112007
DI\' DESCIUPTION OF ITE1.... QTY UNrI UNIT AIIIOUNl' DIODE liS nEIIIAUI\S
con D.\SE DID
02005 SCAFFOLD - PEDESTRIAN PROTECTION I LS S 6,900.00 S 6.900.00 LCM
02005 NET AND MISC. PROTECTIONS AROUND WOIlK AIU!A I LS S 5,600.00 S 5.600,00 LCM
01010 A 1.02 -ITEIII/llll. CONDUCT ASDESTOS INSl'ECTIONrrtST I LS S 9UO.OII S !lOD,1M1 LCJ\I '\I,U2 - rn:1II ffZll
02010 DEMOLITION I LS S 54.9011.00 S 54 900.00 COASTAL
02010 SHORING EXISTING CANOPY DURlNG DEMOLITION I LS INCLUDED INCiiJOBD COASTAL
02010 BARlUCADES DUIUNG DEMOLITION WORK t LS INCLUDED INCLUDED COASTAL
02061 CEILING REMOVAL I LF NlA N/A NOT AI'PLlCABLE NOT AI'I'UCALlLE
02062 ROOF ItEMOVAL I LS NlA NlA NOT APPLICABLE NOT API'UCADLE
02071 CONCIU!TE SAWINO I LS N/A N/A NOT APPLICABLE NOT API'L1CABW
olOOll CONCRHt'E I LS N/A N/A NOT APPLICABLE NOT APl'UCADlE
OlOOll SIDEWALK I LS NtA NlA NOT APPLICABLE NOT AI'I'L1CADLE
U3UlHl E..~ISTING SIUE"'AI.!\:, CLEAN AN\) AI'I'L Y NON-SLlP I1LOOII SYf>Ttl\l I LS 5 - Ill' OWNER
U3!1lltl REFINISIl WI LEVELING AGENT. ETCII EX)f>"ING SlDEWALl':.17'Xol1S' I LS N/A NlA NOl' ArrLlCAIII.E
04220 MASONRY ItfiOULAR I LS NtA NlA NOT APPLICABLE NOT AI'I'UCABLE
04""0 SPLIT FACE BLOCK I LS NlA NlA NOT APPLICABLE NOT AJ'I'UCABLE
04700 CAST STONE BAND I LS NtA NlA NOT APPLICABLE NOT APPLICABLE
051:!0 STRUCTURAL STEEL I LS N/A N/A NOT APPLICABLE NOT AI'I'L1CADU!
05540 METAL TRELLIS - MA TERJAL 656 SF N/A NtA NOT APPLICABLE NOT APPLICABLE
055010 METAL TRELLIS - LABOR AT 60% 6S/i SF NtA NlA NOT AI'PLICABLE NOT AI'I'LlCABLE
06100 Rooml CARPENTRY -SIB" SHEATING ON ROOF I LS INCLUDED INCLUDED POLCON
06100 ROUGH CARPENTRY - WOOD BACKING ON PARAPET I L8 INCLUDED INCLUDED POLCON
06100 ALL WOOD MATERIAL AND LABOR - ROUGH CARPENTRY I LS INCLUDED INCLUDED POLCON
06100 FIRE RATED WOOD TRUSS - LOW \VALL - MA THRlALS I LS S 58.986.00 S .58.98/i.00 ATLANTIC TRUSS
06100 FIRE RATED WOOD TRUSSS - LOW WALL -INSTALLATION I LS INCLUDED INCLUDED POWERTECH
06100 FIRE RATED WOOD TRUSS - HIOH WALL - MA TERlALS I LS INCLUDED INCLUDED A TI.ANTJC TRUSS
06100 FIRE RATED WOOD TRUSSS - mOM WALL - INSTALLATION 1 LS INCLUDED INCLUDED POI-CON
07210 FIRE STOPPING I LS NtA N/A NOT APPLICABLE NO'I" API'UCADL/!
07500 ROOF TILE I LS NtA N/A NOT APPLlCABLB NOT AI'I'L1CABlE
07500 NEW AND REPAIR ON BUlL TIUP ROOFING I L8 S JU!l.olS2 S. 189,482.23 BEST ROOFING
07610 METAL ROOfING I LS INCLUDED INCLUDED. BEST ROOFINO
07500 I YEAR LABOIl \V ARRANTY &: 20 YEAR FOR MANUFACTURER 1 LS INCLUDED INCLUDED BEST ROOFING
07500 MANUFACTlJItfiR 15-YEARLlMITEDMATElUAL WARltANTY I LS INCLUDED INCLUDED BEST ROOFINO
01820 GIJT'I'ER L&M 0 EA N/A N/A NOT APPLICABLE NOT APl'UCADlE
01830 DOWN 8rotrr - L&M 0 EA NlA N/A NOT APPLICABLE NOT Al'PLICABlE
08521 RELOCATE ALUM. STOREFRONT I LS NlA N/A NOT APPLICABLE NOT AI'I'L1CAULE
08521 INSTALL STOREFRONT ON NEW OPENING &: MUNTINS J LS N/A N/A NOT APPLICABLE NOT AI'I'L1CABLE
110540 }'1l0\'lDl!: llunRICANE I'''NELS TO IIIEE1' COllI!: I LS S 3D,YUU,UIl S 3D,!lIlO.UU 51111' A 1.112
~
LEBOLD CONSTRUCTION MANAGEMENT
2100 CORI'ORATE DRIVE
BOYNTON Bl!ACB. I'L 33426
... ESTIMATE SHEET".
... BUILDING EAST &. WEST FINAL DRAWING ...
"'ALL WOOIl TRUSS ...
RE
SUNSUlNE SQUARE SUm'PING CENTER
Cllrner IlrWlllllbrlgbllld. ulld FederllllIlgbl\'llY ill Boyntlln Delich, I'IDriulI
EslimDle DUle
Prilll.dnn
2007-U062
121]0/2007
12I11120U7
Ill\' DESCIUI'TION OF ITElII Q'l'\' UNI1 UNIT AI\10UNT DIIlDlmS REMARKS
COST BASE DID
09212 STUCCO & TRIM I LS S 302,100.OU S 301,100.00 WEL TCH PLASTElUNO
09112 ACCESS PANELS 10 EA S 490,011 S <1,9011.110 LCJ\I
09212 SKIM COAT OF CEMENT PLASTfiR OVER EXISTING I LS INCLUDED INCLUOIID WEL TCH PLASTERING
09212 EXTERIOR LATH I L8 INCLUDED INCLUDED WEL TCH PLASTERING
09212 FOAM DETAILS I LS INCLUDED INCLUDED WEL TCH PLASTERING
09250 EXTERIOR HEAVY GAGE !vfETAL FRAMINO' I L8 S 360,000.00 S 360,000.00 POLCON
119150 GYPSUI\1 DOAJlD DILWT STOl' I LS INCLUDEI> INCLUIlED POLCON
09250 3/4" PLYWOOD SHEATING ON WALLS I LS INCLUDED INCLUDED POLCON
09900 PAINTING I L8 S - BY OWNER
119900 CLEAN,l'llEI' &: PAINT EXTE]l.lOn SJ'OREFIWNT FIL\lIIE- UllETlIANE I 1..5 S 24,11811.00 5 24,OllO.01l ALPIIA l'AIN1'
1321H1 AWNING I LS S 24,.JINI.1l0 S 2-1,4011.00 MIEJUC\N AWNING
15300 FIRE PROTECTION I LS NlA N/A NOT APPLICABLE NOl' /WI'UCABlE
15410 PLUMBING - PVC DOWN spour I LS NtA NtA NOT APPLICABLE NOT API'L1CADLE
16000 ELECTRICAL SYSTEM 1 LS S 55.700.00 S 55.700.00 WILSON I'OWER ALLOWANCE
16000 LIGHT FIXfURES 1 LS S 30.000.011 S 30,000.00 LCM - ALLOWANCE Nr:ED 1'1X11JIlE SCH
DlRECT COST S 1,156,ll.J8.23
GENERAL CONDITIONS S 115,948.00
SUBTOTAL S 1,272,796.23
CONSTRUCTION PERMIT FEE &: OTHER FEES S 22,500.00 G.es ALLOWANCE 1.5~. ufTubl Anwwll
SUUTOT AI. S 1,295,291i,13
LIABILITY INSURANCE @.OI8m.. s 23,988.89
SUBTOTAL S 1,319,185.12
FEE S 131,928.51
TOTAL 5 I ,45 I ,213.fiJ
BUILDERS RISK INSURANCE Iiil.OO54% NIA
CONTINGENCY NtA
PERFORMANCE &. PA ThIENT BOND N/A
UAse I'RICE ... TOTAL AlIIOllNT S 1,-151,213.63 S 1.140.89 PRICE PER LF
NOTE:
1. NO ASOESTOS ADA TEMENT lNCI.UDED ON TillS ESTIMATE.
--. ELEC1'RICALSYSTEI\I ESTIMATE IS AN ALLOWANCE FOR THE ELECTRlCAL DI1AWINGS IS BEING REVISE. ----
2.
3. LIGII1' FI~'TURES IS AN ALLOWANCE FOR TilE DRAWINGS DO NOTSIIOW LIGIlTFL'\'TURES SCIIEDULElFLXTURE OR CAT,\LOG NUlIlBER.
4. OUR SCHEDULE IS TO COllIPLETE TilE CONSTRUCTION WITHIN 4 MONTns AFTER PERMITTED. --
~
DEC/29/2008/MON 09:40 AM
FAX No.
P. 002/005
CONTRACTOR'S FINAL AFFIDAVIT
AND
RELEASE OF LIEN
PART I
CONfRACTOR'S FINAL AFFIDAVIT
STATE OF FLORIDA )
):55
COUNTY OF PALM BEACH )
WHEREAS, Lebolo Construction. , a Florida tL"rpc,r4f,~ll C'Contractor") bas made improvements
upon the following lands in Palm Beach. County. Florida. to-wit
SUDShine Sq./W oolbrigbt Development
See Exhibit "A lJ annexed hereto and forminll a Dart hereof
WHEREAS, the undersigned Contractor has received final payment.
NOW, THEREFORE, in compliance with the Construction Lien Law of the State of Florida, CODtractor
states on oath that alllienoIS contracting directly with or indirectly employed by Contractor, on or in connection
with the construction of the improvements to the Property, have been paid in full, except in the following amounts
for the following services: (if none, state "None").
Name
AmoUDt Due or to become
due for Labor. Services
or Materials, performed
or iUmished
Description
of such labor,
services or
materials
None
None
None
CONfRACTOR;
By:
Name: .
Title;
DRAW2l App9
STATE OF FLORIDA
COUNTY OF /1 {.Jl 'JeQ( h
, r
8/MI)!! .~ L .M:i
Notary Public
My commission expires:
PART II
CONTRACTOR'S RFT .RASE OF LIENS
Know all men by these presents., that, in consideration oithe sum ofTen and No/I 00 Dollars ($10.00) to the
undersigned in band paid, receipt whereof is hereby acknowledged, and other good and valuable considerations, the
undersigned does hereby waive and release all right, title, interest, demands, claims or liens whatsoever which the
;.mdersigncd now has, might have or could bave OIl account of work done or materials furnished on and to the
Property. The undersigned does warrant it has not and will not assign its claims for payment or its rights to perfect a
lien against the Property and further warrants that it has the right to execute the waiver and release of lien.
The undersigned wammts that., except as specified in Part I above, allla.borers employed by the undersigned
upon the Property have been fully paid and that none of such laborers have any claim, demand or lien against the
Property, and further warrants that no financing statement, chattel mortgage, conditional bill of sale, or retention of
title agreement has been given or executed by the undersigned, or by anybody else to the knowledge of the
undersigned, for and in connection with any material, appliances, ml'll!binery, fixtures or furnishine!g placed in or
installed in or on the Property by the undersigned or anyone else.
It is understood and agreed that this release by the undersigned is fDr all services rendered, work done and
materials furnished heretofore by the undersigned in any and all capacities.
IN WITNESS WHEREOF, the undersigned has affixed his signature and seal the day and year written
opposite such signature.
WITNESSES:
CONTRACTOR:
Print Name:
By:
Name:
Title:
. ~.lvr)10
Print Name:
STATE OF FLORIDA
COUN1Y OF
The foreg~ing instrument was ~~l#:nowledged before me this ,'~)i h day of .'~JC-f III h.: .t. 2008 , ,by
II' "l. L. 'f)~/..., as I'lt"J;1.(() t of ('tlll,..., f-LH1Si(J,iCf>'01l , a Flonda
who is personally known to me or has produced id~~a,I1.
I '
DRAW 21 Invoices- App 9
Notary Public ~ - -
My commission e- _"'~'~;:"" DAWN M. HANCOX
!~m" tr;."". Notary Public. Slate of Florida ,
I ;' · · . sMy Commission Expires Oct 4, 2010
;~!l' o:"};: Commission # DO 601786 ~
I "',,9f,;.\,"" Bonded Through Na~onal Notary Assn.
AlA Type Document
Application and Certification for Payment
00v\
Page 1 of 3
DISTRIBUTION
TO:
OWNER
ARCHITECT
CONTRACTOR
TO (OWNER): WOOLBRIGHT SUNSHINE SQUARE LLC
3200 NORTH MILITARY TRAIL
4TH FLOOR
BOCA RATON, FL 33431
PROJECT: SUNSHINE SQUARE
3200 NORTH MILITARY TRAIL
4TH FLOOR
BOCA RATON, FL 33431
FROM (CONTRACTOR): Lebolo Construction
2100 Corporate Drive
Boynton Beach, Fl33426
VIA (ARCHITECT): TI ARCHITECTS, INC.
260 SOUTH DIXIE HWY
BOCA RATON, FL 33432
ARCHITEcrs
PROJECT NO:
CONTRACT FOR:SUNSHINE SQUARE FACADE RENO
.\:::;' I\.L\.\
I
:e
CONTRACTOR'S APPLICATION FOR PAYMENT
Appllcallon 15 mad a for Payment, 85 shown below, In connectIon with the Contrecl
Conllnuatlon Sheet, AlA Type Document Is attached.
1. ORIGINAL CONTRACT SUM. . .. . . . . . . .. . . . . . . . . $
2,Net Change by Change Orders , . . . . . . . . . . . . , . . $
3, CONTRACT SUM TO DATE (LIne 1 + 2). . . . . . . . . . . $
4. TOTAL COMPLETED AND STORED TO DATE...,.. $
1,451,213.63
116,196.31
1,566,409.94
1.566,409.94
5. RETAINAGE:
a. 0.00 % of Completed Work
$
0.00
b. 0.00 % of Stored Material
$
0.00
Total retalnage (LIne 5a + 5b) . . . . . . . . . . . . . . . . . . . . $
0.00
6. TOTAL EARNED LESS RETAINAGE.............. $
(Line 4 less Line 5 Total)
7. LESS PREVIOUS CERTIFICATES FOR PAYMENT
(Line 6 from prior Certlflcate) . . . . . . . . . . . . . . . . . . . . . $ .
8. CURRENT PAYMENT DUE. . . .. ......... . . . . . . . $
9. BALANCE TO FINISH,INCLUDING RETAINAGE
(Line 3 less Line 6) $
1,566,409.94
1,556,960.94
9,449.00
0.00
CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS
Totel changes apbroved In
previous months y Owner 187,433.06 -81,685.76
Total approved tills Month 9,449.00 0.00
TOTALS 196,882.06 -81,685.75
..
NET CHANGES by Change Order .. 115,196.31
CONTRACT DATE: 12/12/2007
The Ilnrh~reol..~-....'-'- .
16 . J Lp .-::z.....
. . #.~, -J. __~J
..' .' , .---""
_...... . . . .- -.- '-r,
.F?~~~!~;'t\;:~=7Z;~-:3. ~ ..:,.:...~ ~-...-t!11?rz.-.~< -
,\'....0.<".'.. ..-.J.t' .1.
'\ '&v.,'" '-"':..L ",p
......---.. ......> ..
: '.,~~.~Z;~c.: '1: . .... _~ - . I":"
jtfb=J~Cf:qqq.- o/S':u>3.
-~~,..-_.-.-
.....-....-...
---.---...........-
'.\
--"" .- ...-_.
. --_..-._~s-
..0..... ~.._~
f'.;:'
...... ............-
- - - . . . . .......... I
,r
"' f'lccorClance with the Contract Documents, based on on-site observations and the data com-
prising the above appllcaUon, the Architect certlfles to owner that to the best of the Architect's
knowledge, Infonnatlon and belief the Work has progressed as Indlcated,tlls quality of the work
Is In accordance with the Contract Documents, and the Conlractor Is entitled 10 payment of the
AMOUNT CERTIFIED.
AMOUNT CERTIFIED.. . . .. .. . . .. . . ...... . ... .... . .. $
(Attach explanation if amount certfflad differs from the amount applied for. Initial all figures on this
Appllcal/on and on the Conl/nuatlon Sheet that are chenged to confonn to the amount certified.)
'.> ~
Dale:
'/l ;<21108
This Certl ate Is not n Dable. The AMOUNT CERTIFIED Is payable only to the Contractor
cpam'" " "'n. '_non, Pn""nnt and _...mn nl pa""""J wi""'" ..._. to .n,
i ., .,hID <ff... awn...." Coo_to"nd.. lh'. Coo....... V ~
AlA Type Document
Applicalion and Certification for Payment
Page '2 of;i
(; ,OWNER): VVUULBRIGH I SUNSHINE sCtLJ;\W
, 3200 NORTH MILITARY TRAi'.
4TH FLOOR
BOCA RATON, FL 33431
PROJECT: SUNSHINE SQUARE
3200 NORTH MILITARY Tl<AIL
4TH FLOOR
BOCA RATON, FL 33431
APPLICATION NO: U
PERIOD TO: 10/24/20011
DISTRIBUTIUN
TO:
OWNER
ARCHITECT
CONTRACTOR
..ROM (CONTRACTOR); Lebolo Construction
2100 Corporate Drive
Boynton Beach, FL 33426
VIA (ARCHITECT): TI ARCHITECTS, INC.
260 SOUTH DIXIE HWY
BOCA RATON. FL 33432
ARCHITECT'S
PROJECT NO:
CONTRACT FOR: SUNSHINE SQUARE FACADE Hr:~ CONTRACT DATE: 12/12/2007
---------~..-
SCHEDULE PREVIOUS COMPLETED STORED COMPLETED
ITEM DESCRIPTION VALUE APPLICATIONS THIS PERIOD MA TERrAL STORED % BALANCE RET AINAGE
---._--- ~_..__._---._- -.. --,_.~.~._.._---- -------.. --~-- -...---
2005 SCAFFOLD 6,900.00 6,900.00 0.00 U.OO 6,900.00 100.00 0.00 0.00
200:, NET PROTECTION 5,600.00 5,600.00 0.00 0.00 5,600.00 100.00 0.00 0.00
201li ASBESTOS INSPECTION 900.00 900.00 0.00 0.00 900.00 100.00 0.00 0.00
201U DEMOLITION 54,900.00 54,900.00 0.00 0.00 54.900.00 100.00 0.00 0.00
6100 WOOD TRUSS MATEnlALS 58,966.00 56,986.00 0.00 0.00 58,986.00 100.00 0.00 0.00
{500 BUlL TUP ROOf- 189,482.23 189,482.23 0.00 0.00 189,482.23 100.00 0.00 0.00
unG HURRICANE PANELS 38,900.00 38,900.00 0.00 0.00 36,900.00 100.00 0.00 0.00
921" STUCCO & TRIM 302,100.00 302.100.00 0.00 0.00 302.100.00 100.00 0.00 0.00
9212~ ACCESS PANELS 4,900.00 4,900.00 0.00 0.00 4,900.00 100.00 0.00 0.00
9250 METAL FRAMING 360,000.00 360.000.00 0.00 0.00 360,000.00 100.00 0.00 0.00
9900 CLEAN PREP & PAINT 24,080.00 24.080.00 0.00 0.00 24,060.00 100.00 0.00 0.00
13200 AWNING 24,400.00 24,400.00 0.00 0.00 24,400.00 100.00 0.00 0.00
16000 ELECTRICAL SYSTEM 55,700.00 55,700.00 0.00 0.00 55,700.00 100.00 0.00 0.00
16000- LIGHT FIXTURES 30,000.00 30,000.00 0.00 0.00 30,000.00 100.00 0.00 0.00
ooooou GENERAL CONDITIONS 115,946.00 115,946.00 0.00 0.00 115,948.00 100.00 0.00 0.00
800400 LICENSE AND FEES 22,500.00 22.500.00 0.00 0.00 22,500.00 100.00 0.00 0.00
802000 INSURANCES 23,968.69 23.988.89 0.00 0.00 23.988.89 100.00 0.00 0.00
99999Y FEE 131,928.51 131,926.51 0.00 0.00 131,926.51 100.00 0.00 0.00
CHO 001 STEEL AND CUT CONCRETE 4,000.00 4,000.00 0.00 0.00 4,000.00 100.00 0.00 0.00
CHO~003 TRUSSES 17.95~~00 17,952.00 0.00 0.00 17,952.00 100.00 0.00 j,tl" 0.00
CHO 004 REPLACE TRUSS C WITH TRUSS 6,627.90 8,627.90 0.00 0.00 8,627.90 100.00 0.00 0.00
AlA Type Document
Application and Certification for Payment
TO (OWNER): WOOLBRIGHT SUNSHINE SQUARE LLC
3200 NORTH MILITARY TRAIL
4TH FLOOR
BOCA RATON, FL 33431
PROJECT: SUNSHINE SQUARE
3200 NORTH MILITARY TRAIL
4TH FLOOR
BOCA RATON, FL 33431
APPLICATION NO: 9
PERIOD TO: 10/24/2008
Page 3 of 3
DISTRIBUTION
TO:
OWNER
ARCHITECT
CONTRACTOR
FROM (CONTRACTOR): Lebolo Conslruction
2100 Corpora Ie Drive
Boynton Beach. FL 33426
VIA (ARCHITECT)' TI ARCHITECTS, INC.
, 260 SOUTH DIXIE HWY
BOCA RATON, FL 33432
ARCHITECT'S
PROJECT NO:
CONTRACT FOR: SUNSHINE SQUARE FACADE RE~ CONTRACT DATE: 12112/2007
SCHEDULE PREVIOUS COMPLETED STORED COMPLETED
ITEM DESCRIPTION VALUE APPLICATIONS THIS PERIOD MATERIAL STORED % BALANCE RET AINAGE
CHO 006 EQUIPMENT SCREENS 49,480.20 49,480.20 0.00 0.00 49,480.20 100.00 0.00 0.00
CHO 006 STYROFOAM PROFILE 10.950.72 10,950.72 0.00 0.00 10.950.72 100.00 0.00 0.00
CHO 007 ADDTL6" STYROFOAM 4,350.00 4,350.00 0.00 0.00 4,350.00 100.00 0.00 0.00
CHO 008 ADDTL 14 CANOPIES 56,212.20 56,212.20 0.00 0.00 56,212.20 100.00 0.00 0,00
CHO 009 DEDUCT - HURRICANE SHUTTEr:; -43,645.80 -43,646.80 0.00 0.00 -43,645.80 100.00 0.00 0.00
CHO 010 ROOF REPAIR - EQUIPMENT REL 3,346.28 3,346.28 0.00 0.00 3,345.28 100.00 0.00 0.00
CHO 011 DEDUCT - STOREFRONT PREP -27.017.76 -27,017.76 0.00 0.00 -27,017.76 100.00 0.00 0.00
CHO 012 DEDUCT-ASBESTOS -1,009.80 -1,009.80 0.00 0.00 -1,009.80 100.00 0.00 0.00
CHO 013 PLANTER DEMO AND CURB 32,514.76 32,514.76 0.00 0.00 32,514.76 100.00 0.00 0.00
CHO 014 DeDUCT - LICENses AND FEES -10,012.39 -10,012.39 0.00 0.00 -10,012,39 100.00 0.00 0.00
CHO 015 REROUGH SIGN LIGHTING PER ( 9,449.00 0.00 9,449.00 0.00 9,449.00 100.00 0.00 0.00
REPORT TOTALS $1,566,409.94 $1,556,960.94 $9,449.00 $0.00 $1,566,409.94 100.00 $0.00 $0.00
,'J
..j
CONTRACTOR CHANGE ORDER
PROJECT
NAME
PROJECT #
TO:
SUNSHINE SQUARE
2007-0062
JIMMY FREYMAN
CHANGE ORDER It
INITIATION DATE:
CONTRACT FOR:
CONTRACT DATE:
015
9/24/2008
$ 1,451,213.63
12112/2007
You are directed to make the following changes In this Contract:
ITEM
DESCRIPTlON
AMOUNT
001 Extend 18 (e) tenant space sign junction boxes, conduits and circuIts
$ 7,369.00
002 Supply and Install aWe lights and receptacles In fa9ade access area at Crown Liquor
space.
Suppiy and Install conduit and wiring from tenant space to electrical panel
$
1,053.00
Total Direct Cost $
8,422.00
INSURANCE
2%
$
Sub Total $
$
TOTAL THIS CHANGE ORDER $
158.44
8,590.44
859.04
9,449.48
FEE (OH & Profit)
10.0%
The original Contract Sum was
$
1,451,213.63
Net Change by previously authorized Change Orders
[)
The Contract Sum prior to this Change Order was
1,451,213.63
The Contract Sum will be (increased) by this Change Order
9,449.48
The new Contract Sum Including this Change Order will be
$
1,460,653.11
TIME EXTENSION (If applicable)........................... ....... .......... ....................................... 0
The conditions of this change order are as follows:
1.. The Change order work, and work affected thereby, are subject to all trade subcontract stipulations and
convenanls.
2.. The trade subcontractor between the parties, except as expressly modified hefl!in, remains In full
force and effect.
3.. The trade subcontractor agrees that by accepting this change order and the accompanying
compensation, If any, and time extension, If any, that any and all claims for any further cost or
Indirect damages or time extensions are satisfied and, therefore, waived.
4.- The change order Is not valid unW signed by the Trae Subcontractor and Trade ConL-actor.
A~.reod To'
LEBOLD CONSTRUCTION MANAGEMENT, INC.
By:
By: JIMMY FREYMAN
Owner Rep.
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eRA BOARD MEETING OF: February 10,2009
I I Consent Agenda I
Old Business I I
New Business
Public Hearing I X I
Other
SUBJECT: CRA Policing Activity Report for the Month of January 2009 and District Stats for
Months of December 2008 and January 2009. (Info. Only)
SUMMARY: Monthly report, providing activity and data on Crime in the CRA District:
December 2008:
· Crimes - 62
· Arrests - 11
· Calls for Service - 1550
January 2009:
. Crimes - 56
. Arrests - 13
. Calls for Services - 1340
FISCAL IMPACT: Cost budgeted in FY 2008-2009 from Project Fund 02-58500-460
CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations
RECOMMENDATIONS: Info. Only
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\2-
10-09 Meeting\CRA Crime Monthly Stats.doc
MONTH: _ JANU~RX_ 2~09 ~~====J
eRA Police Team
MONTHLY ACTIVITY REPORT
01/05/2009
;;~Ass~ted RP with Calls for Service
-Conducted 3 separate controlled drug buys along the South Fed Corridor in order to write a search warrant
~Conducted EXP As on parks throughout the CRA District
..ORA Board Meeting
01/12/2009
-Conducted EXPAs in all parks along the North Fed Hwy Corridor in reference to lewd and lascivious acts
..Conducted a controlled drug buy at the Texaco along South Fed Hwy in ref to a complaint of narcotic activity
-QOL sweeps in the HOB resulting in 4 arrests
-EXPA at the Boynton Senior Center in ref to a complaint received via CCC about narcotic activity
-AssistedRP with Calls for Service
01/19/2009
-QOL Sweeps
- Conducted EXP As on parks throughout the CRA District
-Conducted a controlled drug buy along the South Fed Hwy Corridor in order to write a search warrant
-Assisted with the execution of2 search warrants
.-Prostitution Sting along the South Fed Hwy Corridor
rBuy-Bust at Roberts 1010 North Seacrest resulting in 1 arrest and the recovery of .1 gm of crack cocaine
~Patrolled the .SouthFed Hwy Corridor in vehicles
01/26/2009
-In ref.to the above .complaint at the Senior Center, the Unit wrote 2 arrest warrants and 1 search warrant for the
:tatset lo~tion
- WithJh~'ass,~taJ:1ce of the CAT (West) and tile BBPDSWAT Team, e~ecuted a search warrant (09-5051) at
,10HS~3~.S,~. .~IM~~kyWilli~s Q8/09/1~8J (the.~~9 ~~ ~st~d for o~~ FTA warrant (09-05068) and
~q.~a,leof;, '.,(l'YV~ts (09~026J7 and09"02637).BlM TunothyJarmpn 07/05/1984 was arrested for one
!,~~<'f~'.~$tl!$Y) warrant (09~05075)and posse,~sion of.91' ~ ofcocajIJ.e ang possession of drug
;tJt~~~~:::,:.:,.,..9~05069). one vehicle, $8207,00, two TV's, one LCD cOJDP~erscreen, one desktop computer,
'~elapt()p coip.puter, and one car stereo were seized during the execution of the sewch warrant.
.;#P~trQlledthe HOB in vehicles
r:~9~qq~d 1:tilfJic~ri(orcement in the HOB
~r,:i,pA".efWork:'in:refto the executed search warrant.as well as writifi 3m.9O: search warrants
[,1\ \ f\ \ ',", I / I{ \ If! '
Misdemeallor
Fel()DY
citations
Warrant Arrests
Charges Fiied
Warrants Executed
I TOTAL ARRESTS
Hr
I~
l~
[}O
~~~l1etal11ines ~
Marij~ . 110.5gm
Heroin
Schedule II 38 ills
Schedule ill
Schedule IV
Guns
Cash 181207.00 ·
Vehides
Boynton Beach Police Department
Year-To-Date Crime Comparison Report
2008 I 2009
CRA District
JANUARY 2009
CRIMES
Jan-09 Jan-08 + 1 - Dee-DB + 1 - Y-T-D Y-T-D + I -
2009 2008
Criminal Homicide 0 1 -1 0 0 0 1 '1
--
Sexual Offense 0 1 -1 0 0 0 1 ,1
Robbery 4 8 -4 7 -3 4 8 -4
Agaravated Assault 10 3 7 4 6 10 3 ,
.--
Burglary 15 22 -7 15 0 15 22 . (
---
Larceny 26 30 -4 34 -8 26 30 -4
Auto theft 1 11 -10 2 -1 1 11 -10
TOTAL 56 76 -20 62 -6 56 76 -20
ARRESTS
Jan-09 Jan-08 + 1 - Dee-DB + 1- Y-T-D Y-T-D + I -
2009 2008
Criminal Homicide 0 0 0 0 0 0 0 0
Sexual Offense 0 1 -1 0 0 0 1 ,. !
Robbery 2 3 -1 2 0 2 3 i
Aaaravated Assault 2 0 2 2 0 2 0 ;2
--
Burglary 1 5 -4 0 1 1 5 -4
--
Larceny 7 2 5 7 0 7 2 5
At.ItQ tlUttt 1 0 1 0 1 1 0 i
TOTAL 13 11 2 11 2 13 11 2
;~~mJ.':I~"~'-"<\I;"~ .~.~ T -'~~m'm~
. .
, -
......
1340
1550
-210
Y-T-D
2009
1340
Y-T-D
2008
1477
+ 1-
Jan-09
Jan-08
+ 1 -
Dee-DB
+ 1-
1477
-137
-137
1/28/2009
~~~<tY~T2~ eRA
Ii East Side-West S,de-Seaside Renaissance
eRA BOARD MEETING OF: February 10, 2009
I I Consent Agenda I
Old Business I I New Business I I Public Hearing I X I
Other
SUBJECT: Boynton Beach CRA and Trolley Website Statistics
SUMMARY: Monthly report, generated by Google Analytics, providing data on
the number of visitors to the CRA and Trolley websites:
January 1 -31
Agency: 1,608
Trolley: 520
December 5 - 31 (previous month)
Agency: 1,405
Trolley: 418
FISCAL IMPACT: Cost budgeted in 2008/2009 from Project Fund Budget
CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area
(TCEA)
RECOMMENDATIONS: Info. Only
~/il-.
Marketing and Communications Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Monthly Website Stats January.doc
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2/2/2009
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2/212009
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE:
Tuesday, January 27,2009
TIME:
6:30 P.M.
PLACE:
Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Florida
1. Pledge of Allegiance.
2. Introduction of the Board.
3. Agenda Approval.
4.. Approval of Minutes.
5. Communications and Announcements.
A. Planning and Zoning Report
1. Final disposition of the December 23, 2008 Planning and Development Board
meeting Agenda items.
6. Old Business
None
7. New Business
A. Boynton Beach Cancer Center
Zonina Code Variance
1. PROJECT:
Boynton Beach Cancer Center (ZNCV 09-001)
AGENT:
Richard K. Brooks, Jr. AlA, NCARB
OWNER:
Boynton Beach Radiation Oncology
Planning and Development Board Meeting
Agenda January 27, 2009
)age ."
Boynton Beach Cancer Center (ZNCV 09-001) cont'd.
LOCATION:
DESCRIPTION:
Boynton Beach Cancer Center
Maior Site Plan Modification
2. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
B. The Learning Place II
Site Plan Time Extension
1. PROJECT:
AGENT:
OWNER:
LOCATION:
2301 Woolbright Road (northwest corner of Woolbright Road
and SW 22nd Street)
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 11.
H.16.d(19), requiring 32 parking spaces, to provide 26 parking
spaces; a variance of 6 parking spaces, to allow an addition to
a medical office within a C-1 Office Professional zoning district.
Boynton Beach Cancer Center (MSPM 09-001)
Richard K. Brooks, Jr. AlA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of Woolbright Road
and SW 22nd Street)
Request for major site plan modification approval for an
approximately 1,000 square foot, second story medical office
addition in the C-1, Office Professional zoning district
The Learning Place II (SPTE 09-003)
Scott Freeland and Catherine Freeland
Scott Freeland and Catherine Freeland
8518 Lawrence Road, immediately south of Citrus Grove
Elementary School and the LWDD L-21 Canal
Planning and Development Board Meeting
Agenda January 27,2009
Page 3
The Learninq Place II (SPTE 09-003) cont'd.
DESCRIPTION:
Request for a third (1) year time extension for the new
site plan and conditional use (COUS 04-008) approved on
October 18, 2005, thereby further extending site plan approval
from October 18, 2008 to October 18, 2009.
C. Chow Hut
Site Plan Time Extension
1. PROJECT:
Chow Hut (SPTE 09-004)
AGENT:
Douglas Peters
OWNER:
Douglas Peters
LOCATION:
558 Gateway Boulevard
DESCRIPTION:
Request for a third one (1) year site plan time extension for the
major site plan modification (05-007) approved on November 1,
2005, thereby further extending site plan approval from
November 1, 2008 to November 1, 2009.
8. Other
9. Comments by members
10. Adjournment
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED. (F.S.286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY
AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY.
PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLE ACCOMMODATE YOUR REQUEST.11-27
S:\Planning\SHARED\WP\AGENDAS\P&D 1\2008 Agendas 1-27-09 Agenda Meeting new template.doc
~~~'1:Y~Te~fC RA
. East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: February 10,2009
I I Consent Agenda I X I Old Business
New Business I I Legal
Other
SUBJECT: Audit Independence and Selection Procedures
SUMMARY: This item is brought back at the request of Board Member Ross who requested
clarification regarding the audit independence standards and the RFP process for the CRA audit firm
(see attached minutes).
. Attached is Florida Statute 218.39 which establishes the required procedures for the annual
financial audit.
. Florida Statute 218.39(1) requires that any special district (CRA) with revenues or expenses in
excess of $100,000 is required to have an annual financial audit by an independent certified
public accountant retained by the entity and paid for by its public funds.
. Standards and Independence - Certified public accountants are governed by the standards
established by the American Institute of Certified Public Accountants (AICPA) and Government
Auditing Standards (GAS). See attached excerpts from the AICP A independence standards.
. The process of selection of an independent certified public account is specified by the Auditor
General of the State of Florida. See attached 'Auditor Selection Guidelines' prepared by the
Auditor Selection Task Force of the Florida Auditor General.
. Background of CRA Auditor Selection -
o The contract with the CRA's previous auditor firm expired with the audit ofFY 2006-
2007.
o In compliance with Auditor General requirements -- an audit committee was established;
the RFP published on May 12,2008; the respondents were evaluated and ranked; the
Consideration of Auditor Selection was presented at the CRA Board meeting on July 8,
2008; and the audit firm of Sanson, Kline, Jacamino & Company LLP approved by the
CRA Board. (see attached minutes.)
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Audit Findings & Independence.doc
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: None
RECOMMENDATIONS: None
/... ''\
~)4~/
Susan Harris
Finance Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Audit Findings & Independence. doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 8, 2008
when the list was last updated. The concept was when she updated her list, it would rot:
over to the CRA.
Attorney Cherof explained the liability was between the contractor and the property
owner, not the CRA. If the board had a different concept of what the exposure of the
CRA should be by facilitating the program, direction should be given. The concept staff
followed in drafting the documents was the contractor bore the liability for their work and
the agency would not be in a position to guarantee the work or be responsible for the
shortcomings in the work. This was pointed out because in the past, residents had
looked to the City as guarantor for work done by the contractors and the City had never
undertaken that position. There was agreement that aspect should be included in the
contract.
Motion
Vice Chair Rodriguez moved to approve the recommendation of the new list and
process by which they used the list. Mr. Hay seconded the motion that unanimously
passed.
Vice Chair Rodriguez left the dais at 8:40 p.m.
x. New Business:
A. Consideration of Auditor Selection
Ms. Harris explained the current auditor's contract was ending. It was a five year
contract that consisted of three years firm and one option for a two-year renewal. A few
years back, Florida law changed and mandated municipalities use the RFP process
when the auditors contract was completed.
An RFP was issued in early May that included items specific to CRAs and all the
specifications from the Auditor General and the Government Finance Officers
Association. Six responses were received, ranked and the top ranked firm was Sanson
Klein. They had the necessary CRA experience, and were the auditors for Miami's and
North Miami's CRAs. They had a defined methodology. They would start their work in
August, which was necessary due to the new financial accounting standards
implemented, and they would have a partner on site two days a week.
Vice Chair Rodriguez returned to the dais at 8:42 p.m.
Ms. Harris reported their fees were good, and a blended rate would be used if additional
hours were needed. She requested the board approve staff's recommendation to retain
the firm.
Molmn
15
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 8, 2008
Mr. Weiland moved to approve the authorization foro staff to negotiate with Sanson Klein
Jacomino and Company, LLP. ""s. Ross seconded the motion.
Ms. Ross thanked Ms. Harris for the information pertaining to the firm.
~
A vote was taken and the motion unanimously passed.
B. Consideration of CRA Boundary Amendment
Ms. Brooks explained the City and CRA adopted the Federal Highway Corridor
Community Redevelopment plan in 2001 and updated it in 2006. The plan was divided
into five planning areas. The subject properties were in planning area five, on the
southern end of the City. There were properties in the City that were not annexed into
the CRA area and others were annexed into the City that were zoned Reserved to
accommodate the corridor plan. It was noted there was no formal action to incorporate
those parcels into the CRA; only the City Commission had the authority to change the
CRA boundaries.
The effected properties were:
./ Waterside, annexed in 2004 -115 units.
./ Tuscan, annexed in 2006 - 25 units
./ Gulfstream Gardens, annexed in 2004 - 308 units planned
./ Palm Cove, annexed in 2006 - 121 units proposed
./ Bayfront, annexed in 2004, - 76 units.
There was an expectation on staff's part, because the projects came before the CRA
board for quasi-judicial hearing, they would be added to the CRA. Due to the parcels
being developed, there would be a TIF offset of approximately $500K, which was part of
the reason for the struggling budget for next year.
There were three options for the board to consider as follows:
1) Leave the above referenced projects out of the CRA boundary and amend the
Federal Highway Corridor Plan to exclude those projects already constructed as
well as future projects to be constructed in the unincorporated areas of planning
area five (excluding Gulfstream Gardens.) The legal description would have to
be corrected
2) Make a policy determination that the intent of the Federal Highway Corridor
Community Redevelopment Plan (2001 and 2006) was to include these projects
in the CRA in order to pay for future redevelopment efforts Le.; MLK; request the
CRA attorney work with the City Attorney and taxing authorities to draft the CRA
16
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BOYNTON BEACH CRA BOARD MEETING
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JANUARY 13, 2009
City Commission Chambers
6
100 E. Boynton Beach Boulevard
7
Boynton Beach, Florida
8
9 Transcription of
10 PRESENTATION OF AUDITED FINANCIAL STATEMENTS
11 FOR FY 2007-2008
12
13 PRESENT:
14 MAYOR JERRY TAYLOR, CHAIR
JOSE RODRIGUEZ, VICE CHAIR
15 WOODROW L. HAY, COMMISSIONER
MARLENE ROSS, COMMISSIONER
16 RON WEILAND, COMMISSIONER
SUSAN HARRIS, FINANCE DIRECTOR
17 LISA A. BRIGHT, EXECUTIVE DIRECTOR
JAMES CHEROF, BOARD ATTORNEY
18
ALSO PRESENT:
19 RICHIE TANDOC, SANSON KLINE JACOMINO & CO
20
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25 Job No.: 144047
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Boy n ton Be a c h C RA B 0' Ci L ,j (c. e" L r, ,:r ' an u a I '/
( New Bus in e s Sf! t- e r; '"10 : C:,O r, lTi
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MR. CHAIRMAN:
Ai
INe .JC
.r 1 q J, ':
i. new
4
business.
Presentat.l0n ,i audited
financial statements for fisca
2008. Any questions on tnese?
MS. HARR IS: Mr. C h a i I
MR. CHAIRMAN: Yes
MS. HARRIS: Our audit or IS here
~~ CJ C:
this evening to discuss with the board
his audit procedures and his findings.
MR. CHAIRMAN: Okay_
MS. HARRIS: I'd like to introduce
Richie Tandoc.
He's a partner with
Sanson, Kline & Jacomino, and he' 11
discuss the CRA audit now.
MR. TANDOC:
Mr. Chair, board
members.
MR. CHAIRMAN: Good evenIng.
MR. TANDOC: Again, my name IS
Richie Tandoc.
I am a partner with
Sanson, Kline, Jacomino & Company; I'm in
charge of the CRA's audit engagement for
September 30th, 2008. Before I get into
my brief presentation, I would just like
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1 Boynton Beach eRA Board Meeting January 13, 2009
2 to first thanks Susan and Lisa Bright for
3 their cooperation in assisting us in
4 getting this audit done. Because of
5 their cooperation, we did complete this
6 audit in a very efficient and timely
7 manner.
8 What I just handed to you,
9 basically, are the results of the 2008
10 audit as well as the required
11 communications, as your auditors and in
12 accordance with the generally accepted
13 auditing standards and government
14 auditing standards. And I'll just touch
15 briefly, because I know that we're all
16 tired, on our response on each of these
17 required communications starting on page
18 1 after my letter.
19 With regards to the auditor's
20 responsibilities under GAAS, Generally
21 Accepted Auditing Standards and
22 Government Auditing Standards, we have
23 issued our own qualified opinion on the
24 agency. That is a clean opinion on the
25 financial statements for the year ended
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Septembe: .30, lOllS, basically, whi.
provides you, a':J the eRA board ano
management, with reasonable assuranc~
that your financial statements are free
of material misstatement
We also Jssued
our report on the agency's internal
control over financial reporting and all
compliance in other matters for the year
ended September 30, 2008 and we noted no
material weaknesses or material
noncompliance lssues.
And both of ~hose
reports were dated November 19, 2008.
With regards to significant
accounting policies, the agency's
significant policies are noted in noce
1
.1.
to the financial statements.
The
accounting principles selected by
management are consistent with chose
prescribed by government accounting
standards and the agency's findings are
the same as our related
- and related
disclosures are clearly presented in a
complete manner.
With regards to accounting estimates
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1 Boynton Beach eRA Board Meeting January 13, 2009
2 for fiscal year ended September 30th '08,
3 management's judgment was called upon to
4 establish the useful life of capital
5 assets. We determined that such
6 estimates are reasonable.
7 With regards to the methods of
8 accounting for significant unusual
9 transactions, or for controversial or
10 emerging areas, we did not identify such
11 transactions.
12 With regards to significant and/or
13 unadjusted audit adjustments, we did not
14 identify any audit adjustments during our
15 audit of the financial statements for the
16 fiscal year ending September 30th '08,
17 which is a rarity in a government agency.
18 With regards to fraud and illegal
19 acts, we are not aware of any fraud or
20 illegal acts that occurred during the
21 fiscal year involving senior management
22 or any fraud or illegal acts involving
23 employees that would cause a material
24 misstatement of the financial statements.
25 With regards to disagreements or
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Bovn,::on Beach eRA Board Meeting ,Januc. Ii
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encounter any such difficultie~
disagreements
With regards to many maJor issues
that we discussed with management prior
to our retention as your auditors, we did
not discuss any such major issues.
With regards to independence, ~here
are no relationships between us and ~he
agency or the agency's related enti~les,
that being the city, that in our
professional judgment may reasonably be
thought to impede our independence.
With regards to the audit agency as
of September 30th '08, we are
independent. We have not performed any
nonaudit serVlces for the agency during
the fiscal year ended September 30th '08
or thereafter.
And with regards to the management
letter, we did issue a management letter,
which is attached to the financial
statements, ln accordance with the rules
of the Auditor General of the State of
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Boynton Beach CRA Board Meeting January 13, 2009
Florida which was dated November 19,
2008. And in that management letter, we
observed -- we had three new observations
for the current year, none of which were
considered significant deficiencies or
material weaknesses.
If you have any specific questions
that you want to ask me about our audit
opinion or the management letter, I'd be
happy to answer those.
MR. RODRIGUEZ:
Yes, Chair, if I
may. So you consider yourself an
independent auditor but you're being paid
by who?
MR. TANDOC: By the CRA.
MR. RODRIGUEZ: So they're paying
you to render that decision?
MR. TANDOC: They are paying us to
render --
MR. RODRIGUEZ: To do the service.
MR. TANDOC: a decision, yes.
MR. RODRIGUEZ: Right, okay. Do you
audit contracts to expenses? To dollars
paid out?
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MR. TAND()(
11 E E: :: 1 n a J a n u a r y L.~, 2 0 0 c
" c:.~
\^J e mad e sur e
that
MR. RODRIGUEZ:
At what level'~
MR. TANDOC:
We made sure that
MR. RODRIGUEZ:
MR. TANDOC:
At what lev
chere is a contract
in place and that they're not exceeding
with the contract.
MR. RODRIGUEZ:
what dollar amount?
To what level?
To
MR. TANDOC:
Well, it depends
We
won't audit anything that's immaterial
based on our materiality calculation.
MR. RODRIGUEZ:
dollar amount';:
So what is that
MR. TANDOC:
I don't know that off
the top of my head.
It's probably net
more than 50,000 dollars.
MR. RODRIGUEZ:
So anything under
50,000 you don't audit against?
MR. TANDOC:
Yes, that's correct
MR. RODRIGUEZ:
Okay.
And the
reason --
MR. TANDOC:
I don't know if that's
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Boynton Beach CRA Board Meeting January 13, 2009
the exact amount. I would have to look
at our materiality
MR. RODRIGUEZ: Well, the reason I
asked that is because we had a situation
where there was payments going out to a
third party, approximately 10,000 dollars
a year -- just under 10,000 dollars a
year, but no contract in place. So you
wouldn't catch that? You wouldn't audit
against that?
MR. TANDOC: We wouldn't have caught
that, no. We do sample selections based
on our materiality and we don't audit a
hundred percent. We just provide
reasonable assurance. So, we're not
giving definite assurance; it's just
reasonable assurance.
MR. RODRIGUEZ:
Reasonable
assurance, okay.
MR. TANDOC: Yes.
MR. RODRIGUEZ: Thank you.
MR. CHAIRMAN: Anybody have any
questions on the findings or
recommendations? Those three findings
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Boynton Beach CRA E ~rd Meeting January 13
and t h r e e :( e c c, mIne '1 d a t ion s we r e \1 e r y q 0 c"
findings,
~:_ rJ: n k .
MS. ROSS:
you said about
(3'1 you repeat the one
which 1S unusual,
guess 1n a government agency or -- can
you repeat that';:'
Not having any audit
MR. TANDOC:
adjustments.
MS. ROSS: Oh, just being clean:'
MR. TANDOC: Yes, it was clean.
MS. ROSS: Okay, thank you.
MR. CHAIRMAN: Questions? Thank you
very much.
MR. TANDOC: Thank you.
MR. CHAIRMAN: And I want to
compliment the CRA staff on a great
audit. Thank you. Good job.
(End of Item A, 9:16:57 p,m.)
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Statutes & Constitution :View Statutes :->2008->Ch0218->Section 39 : Online Sunshine
Page 1 of3
Select Year: 2008 @~
The 2008 Florida Statutes
Title l<1Y
TAXATION AND
FINANCE
Chapter 218
FINANCIAL MATTERS PERTAINING TO POLITICAL
SUBDIVISIONS
Vi~Lntire
Chapter
218.39 Annual financial audit reports.--
(1) If, by the first day in any fiscal year, a local governmental entity, district school board, charter school, or charter
technical career center has not been notified that a financial audit for that fiscal year will be performed by the Auditor
General, each of the following entities shall have an annual financial audit of its accounts and records completed within
12 months after the end of its fiscal year by an independent certified public accountant retained by it and paid from its
public funds:
(a) Each county.
(b) Any municipality with revenues or the total of expenditures and expenses in excess of $250,000.
\L) Any special district with revenues or the total of expenditures and expenses in excess of $100,000.
(d) Each district school board.
(e) Each charter school established under s. 1OO2...3.3L
(f) Each charter technical center established under s. 1002,,34.
(g) Each municipality with revenues or the total of expenditures and expenses between $100,000 and $250,000 that has
not been subject to a financial audit pursuant to this subsection for the 2 preceding fiscal years.
(h) Each special district with revenues or the total of expenditures and expenses between $50,000 and $100,000 that
has not been subject to a financial audit pursuant to this subsection for the 2 preceding fiscal years.
(2) The county audit report shall be a single document that includes a financial audit of the county as a whole and, for
each county agency other than a board of county commissioners, an audit of its financial accounts and records,
including reports on compliance and internal control, management letters, and financial statements as required by
rules adopted by the Auditor General. In addition to such requirements, if a board of county commissioners elects to
have a separate audit of its financial accounts and records in the manner required by rules adopted by the Auditor
r.eneral for other county agencies, such separate audit shall be included in the county audit report.
(3)(a) A dependent special district may make provision for an annual financial audit by being included within the audit
http://www.leg.state.fl.us/Statuteslindex.cfin? App _ mode=Display _ Statute&Search_ String=&URL=ChO... 02/0212009
Statutes & ConstltutlOl
lV\\ Statutes :--.200X {'h(r'l>-:";cdion ~q ')nll!)i, In '11 ,
t L~ ~
of another local gover nl11enta[ entity upon which it IS rlerwnclent An mdepennefJ ,>oel i :J1Stil' f ! lay nr mak,
provision for an annual f mancial audit by being includec1 withm I he audit orillO! i lei iI'" \10Ve'11fllf'nt i'll elll Ii "
(b) A special district that IS a component unit, as defined by generally aeceptPo au.c\llntmg prinnple\ of n Ill( ai
governmental entity sl1all provide the local governmental entity. within a reasonable IBm' period '1'; established by the
local governmental entity, with financial information necessary to comply with thIS see tJon r he tal[UI e of a ( omponent
unit to provide this financial information must be noted in the annual financial audit report of H,P I.oeal governmental
entity,
(4) A management letter shall be prepared and included as a part of each hnancial. CludH r epof'
(5) At the conclusion of the audit, the auditor shall discuss with the chair of each local governmental entity or the
chair's designee, or with the elected official of each county agency or with the el.ected officials designee, or WIth the
chair of the district school board or the chair's designee, or with the chair of the board of the charter school or the
chair's designee, or with the chair of the charter technical career center or the chair's designee, as appropriate, all of
the auditor's comments that will be included in the audit report. If the officer is not available to discuss the auditor '>
comments, their discussion is presumed when the comments are delivered in writing to his or her office. The auditor
shall notify each member of the governing body of a local governmental entity. district school board, ell chartel schooi
for which deteriorating financial conditions exist that may cause a condition described in s 218,503(11 to OCUli ,t
actions are not taken to address such conditions
(6) The officer's written statement of explanation or rebuttal concerning the auditor's findings, mcluding correctIve
action to be taken, must be filed with the governing body of the local governmental entity. district school boaf(i
charter school, or charter technical career center within 30 days after the delivery of the auditor'" findings
(7) The predecessor auditor of a district school board shall provide the Auditor General access to the prior year\
working papers in accordance with the Statements on Auditing Standards, including documentation of planning, mternal
control, audit results, and other matters of continuing accounting and auditing significance, such as the workinp, paper
analysis of balance sheet accounts and those relating to contingencies.
(8) All audits conducted in accordance with this section must be conducted in accordance with the rules of the Auditor
General promulgated pursuant to s.11.4.5. All audit reports and the officer's written statement of explanation O!
rebuttal must be submitted to the Auditor General within 45 days after delivery of the audit report to the entity'
governing body, but no later than 12 months after the end of the fiscal year.
(9) Each charter school and charter technical cat eel' center must file a copy of its audit report with the sponsoring
entity; the local district school board, if not the sponsoring entity: the Auditor General: and with tile Department of
Education.
(10) This section does not apply to housing authorities created under chapter 421
(11) Notwithstanding the provisions of any local law, the provisions of this section shall govern
History.--s. 65, ch. 2001-266; s. 924. ch. 2002-387: s, 28, ch. 2004.305: s. 1'. eh 2006-190
I
htto:/lwww.le!!.state.fl.us/Statutes/index.cfm? Ann mode=Disolav Statute&Search String=&UR L =ChO.. (12!02/200Q
ET Section 101 - Independence
Page 1 of 47
rt~.,:>,
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" ~: .'f: ). ..
May 15, 2008
[' -Search ------..---. .--;-.-
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.l"Q9!D I Y.9J.unt~~I I M~mR~I~iIUDIQ I !Y1.Y_AG~QJ'!nt I J.QQ~L~UbE2AlG.E.8 I ,l\!G.E.~J~tQIE2
Home. About AICPA . 8J.cE8_CQ~_Qf_f'r.Qfe.s_s.LoD.~L..cQ!lc;lu(j: 'Se!=tion 100 =. IndeR~_n_deD_ce,
Int~rltY.,_~J1d...Q.bje.c'!;jy[t~, . ET Section 101 .. Independence
ET Section 101 - Independence
.01 Rule 101-Independence.
A member in public practice shall be independent in the performance of
professional services as required by standards promulgated by bodies
designated by Council.
[As adopted January 12, 1988.]
Interpretations under Rule 101
-Independence
In performing an attest engagement, a member should consult the rules of
his or her state board of accountancy, his or her state CPA society, the
Public Company Accounting Oversight Board and the U.S. Securities and
Exchange Commission (SEC) if the member's report will be filed with the
SEC, the U.S. Department of Labor (DOL) if the member's report will be
filed with the DOL, the Government Accountability Office (GAO) if law,
regulation, agreement, policy or contract requires the member's report to
be filed under GAD regulations, and any organization that issues or
enforces standards of independence that would apply to the member's
engagement. Such organizations may have independence requirements or
rulings that differ from (e.g., may be more restrictive than) those of the
AICPA.
.02 101-1-Interpretation of Rule 101.
Independence shall be considered to be impaired if:
A. During the period of the professional engagement fn.." a
covered member
1. Had or was committed to acquire any direct or material indirect
financial interest in the client.
2. Was a trustee of any trust or executor or administrator of any
estate if such trust or estate had or was committed to acquire
any direct or material indirect financial interest in the client and
(i) The covered member (individually or with others) had
httn://www.aicna.oTQ/ahout/code/et 101.htm1 5/15/2008
ET SectIOn !;, Illdcpcncicnu
'j~\,
the authority to make Investment decisions for the trust or
estate; 0 r
(ii) The trust or estate owned or was committed to acquire
more than 10 percent of the client's outstanding equity
securities or other ownership interests; or
(iii) The value of the trust's or estate's holdings in the
client exceeded 10 percent of the total assets of the trust
or estate.
3. Had a joint closely held investment that was material to the
covered member.
4. Except as specifically permitted in interpretation 101-5 LE;T
sectiPnl..O_tJE], had any loan to or from the client, any officer
or director of the client, or any individual owning 10 percent or
more of the client's outstanding equity securities or other
ownership interests.
B. During the period of the professional engagement, a partner or
professional employee of the firm, his or her immediate family,
or any group of such persons acting together owned more than 5
percent of a client's outstanding equity securities or other
ownership interests.
C. During the period covered by the financial statements or during
the period of the professional engagement, a firm, or partner or
professional employee of the firm was simultaneously associated
with the client as a(n)
1. Director, officer, or employee, or in any capacity equivalent to
that of a member of management;
2. Promoter, underwriter, or voting trustee; or
3. Trustee for any pension or profit-sharing trust of the client.
Transition Period for Certain Business and Employment
Relationsh i ps
A business or employment relationship with a client that impairs
independence under interpretation 101-1.C [ET section 101.02], and that
existed as of November 2001, will not be deemed to impair
independence provided such relationship was permitted under rule 101
[ET section 101.01], and its interpretations and rulings as of November
2001, and the individual severed that relationship on or before May 31
2002.
Application of the Independence Rules to Covered Members
Formerly Employed by a Client or Otherwise Associated With a
Client
h.........II..~._.. ~;~~~ ~_~/~h~..~/~~r1~/~~ lfil h~~l
"111 'i//nox
BY Section ] 0 1 - Independence
Page 3 of 47
An individual who was formerly (i) employed by a client or (ii) associated
with a client as a(n) officer, director, promoter, underwriter, voting
trustee, or trustee for a pension or profit-sharing trust of the client would
impair his or her firm's independence if the individual-
1. Participated on the attest engagement team or was an
individual in a position to influence the attest engagement
for the client when the attest engagement covers any period that
includes his or her former employment or association with that
client; or
2. Was otherwise a covered member with respect to the client unless
the individual first dissociates from the client by-
(a.) Terminating any relationships with the client described in
interpretation 101-1.C [ET section 101.02];
(b.) Disposing of any direct or material indirect financial interest
in the client;
(c.) Collecting or repaying any loans to or from the client, except
for loans specifically permitted or grandfathered under
interpretation 101-5 [fLs~cti.QJ1:l,QJLQZJ;
(d.) Ceasing to participate fi"U. in all employee benefit plans
sponsored by the client, unless the client is legally required to
allow the individual to participate in the plan (for example,
COBRA) and the individual pays 100 percent of the cost of
participation on a current basis; and
(e.) Liquidating or transferring all vested benefits in the client's
defined benefit plans, defined contribution plans, deferred
compensation plans, and other similar arrangements at the
earliest date permitted under the plan. However, liquidation or
transfer is not required if a penalty fn 2 significant to the benefits
is imposed upon liquidation or transfer.
Application of the Independence Rules to a Covered Member's
Immediate Family
Except as stated in the following paragraph, a covered member's
immediate family is subject to rule 101 [Fr.~~C.1lQD.J",QL.Ql], and its
interpretations and rulings.
The exceptions are that independence would not be considered to be
impaired solely as a result of the following:
1. An individual in a covered member's immediate family was
employed by the client in a position other than a key position.
2. In connection with his or her employment, an individual in the
immediate family of one of the following covered members
participated in a retirement, savings, compensation, or similar plan
http://www.aicpa.org/aboutlcode/et_lOl.htm1
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ET Section 101 _ Independence Page 9 of 47
a. Objectives of the engagement
b. Services to be performed
c. Client's acceptance of its responsibilities
d. Member's responsibilities
e. Any limitations of the engagement
The documentation requirement does not apply to:
a. Nonattest services performed prior to January 1, 2005.
b. Nonattest services performed prior to the client becoming an
attest client. fiLl
General requirements 2 and 3 above do not apply to certain routine
activities performed by the member such as providing advice and
responding to the client's questions as part of the normal client-member
relationship.
General Activities
The following are some general activities that would impair a member's
independence:
. Authorizing, executing or consummating a transaction, or otherwise
exercising authority on behalf of a client or having the authority to
do so
. Preparing source documents, fn 8 in electronic or other form,
evidencing the occurrence of a transaction
. Having custody of client assets
. Supervising client employees in the performance of their normal
recurring activities
. Determining which recommendations of the member should be
implemented
. Reporting to the board of directors on behalf of management
. Serving as a client's stock transfer or escrow agent, registrar,
general counselor its equivalent
. Establishing or maintaining internal controls, including performing
ongoing monitoring activities fn9 for a client
Specific Examples of Nonattest Services
htto:/lwww .aicpa.org/about/code/ et 10 I.html
5/15/2008
ET Section 10] - Independel
I,
The examples in the following table identify the effect tnat performance "!
certain nonattest services for an attest client can have on a member's
independence. These examples presume that the general requirements II
the previous section "General Requirements for Performing Nonattest
Services" have been met and are not intended to be all-inclusive of the
types of nonattest services performed by members
Impact on Independence of Performance of Nonattest Services
Type of Nonattest Independence Would Not Be Independence Would Be
Service Impaired Impaired
Bookkeeping Record transactions for lie Determine or change
which management has journal entries, account
determined or approved codings or classification
the appropriate account for transactions, or
classification, or post other accounting
coded transactions to a records without
client's general ledger. obtaining client
approval
. Prepare financial
statements based on
information in the trial
balance.
. Post client-approved
entries to a client's trial
balance.
Non tax
disbursement
,. Propose standard,
adjusting, or correcting
journal entries or other
changes affecting the
financial statements to
the client provided the
client reviews the entries
and the member is
satisfied that
management understands
the nature of the
proposed entries and the
impact the entries have
on the financial
statements.
,. Using payroll time records.
provided and approved by
the client, generate
unsigned checks, or
process client's payroll.
,. Transmit client-approved
payroll or other
disbursement information
to a financial institution
LL.L._.II__
____ 1_1- ___.LI__.J~/~.. lr\l l_L___l
. Authorize or approve
transactions.
,. Prepare source
documents.
. Make changes to source
documents without
client approval
Accept responsibility to
authorize payment of
client funds,
electronically or
otherwise, except as
specifically provided for
with respect to
electronic payroll tax
payments.
"11 "nn()~
ET Section 101 - Independence
Benefit plan
administration fn 11
hH-n'//n"'"H ";....1"\,, .....rnl"'h.....l1t/...."r1plpf 1 () 1 html
provided the client has
authorized the member to
make the transmission
and has made
arrangements For the
Financial institution to
limit the corresponding
individual payments as to
amount and payee. In
addition, once
transmitted, the client
must authorize the
financial institution to
process the
information.fn 10
. Communicate summary
plan data to plan trustee.
. Advise client
management regarding
the application or impact
of provisions of the plan
document.
Page 11 of 47
. Accept responsibility to
sign or cosign client
checks, even if only in
emergency situations.
. Maintain a client's bank
account or otherwise
have custody of a
client's funds or make
credit or banking
decisions for the client.
. Approve vendor
invoices for payment
. Make policy decisions
on behalf of client
management.
. When dealing with plan
participants, interpret
the plan document on
behalf of management
without first obtaining
management's
concurrence.
. Process transactions
(e.g., investment/benefit
elections or
increase/decrease . Make disbursements on
contributions to the plan; behalf of the plan.
data entry; participant
confirmations; and . Have custody of assets
processing of distributions of a plan.
and loans) initiated by
plan participants through .
the member's electronic
medium, such as an
interactive voice response
system or Internet
connection or other
media.
. Prepare account
valuations for plan
participants using data
collected through the
member's electronic or
other media.
. Prepare and transmit
participant statements to
plan participants based on
data collected through the
member's electronic or
other medium.
Serve a plan as a
fiduciary as defined by
ERISA.
5/15/2008
ET Sec1 Jun 1\ f) , lndependenl,
Investment-.
advisory or
management
Ii Recommena tnE:;
allocation of funds that a
client should invest in
various asset classes,
depending upon the
client's desired rate of
return, risk tolerance, etc
Ii Perform recordkeeping
and reporting of client's
portfolio balances
including providing a
comparative analysis of
the client's investments to
third-party benchmarks.
11 Review the manner in
which a client's portfolio
is being managed by
investment account
managers, including
determining whether the
managers are (1)
following the guidelines of
the client's investment
policy statement; (2)
meeting the client's
investment objectives;
and (3) conforming to the
client's stated investment
styles.
11 Transmit a client's
investment selection to a
broker-dealer or
equivalent provided the
client has authorized the
broker-dealer or
equivalent to execute the
tra nsaction.
Assist in developing
corporate strategies.
Corporate finance- ..
consulting or
advisory
1..
I 1 J,.I_ _ ..J_I_.L 1 n,1 1-......___1
11 Assist in identifying or
introducing the client to
possible sources of capital
that meet the client's
specifications or criteria.
. Assist in analyzing the
effects of proposed
transactions including
providing advice to a
client during negotiations
;:"'{'
. Make investment
decisions on behalf ot
client management or
otherwise have
discretionary authority
over a client's
investments.
.. Execute a transaction
to buy or sell a client's
investment.
.. Have custody of client
assets, such as taking
temporary possession
of securities purchased
by a client
11 Commit the client to
the terms of a
transaction or
consummate a
transaction on behalf ot
the client.
.. Act as a promoter,
underwriter, broker-
dealer, or guarantor of
client securities, or
distributor of private
placement memoranda
or offering documents
-;/l.-:;!?nOX
ET Section 101 - Independence
Executive or
employee search
Business risk
consulting
Information
systems-design,
installation or
integration
http://www.aicpa.or~/about!code/etlOl.html
with potential buyers,
sellers, or capital sources.
. Assist in drafting an
offering document or
memorandum.
. Participate in transaction
negotiations in an
advisory capacity.
. Be named as a financial
adviser in a client's
private placement
memoranda or offering
documents.
. Recommend a position
description or candidate
specifications.
. Solicit and perform
screening of candidates
and recommend qualified
candidates to a client
based on the c1ient-
approved criteria (e.g.,
required skills and
experience) .
. Participate in employee
hiring or compensation
discussions in an advisory
capacity.
· Provide assistance in
assessing the client's
business risks and control
processes.
· Recommend a plan for
making improvements to
a client's control
processes and assist in
implementing these
im provements.
· Install or integrate a
client's financial
information system that
was not designed or
developed by the member.
(e.g., an off-the-shelf
accounting package).
. Assist in setting up the
Page 13 of 47
. Maintain custody of
client securities.
. Commit the client to
employee
compensation or
benefit arrangements.
. Hire or terminate client
employees.
. Make or approve
business risk decisions.
. Present business risk
considerations to the
board or others on
behalf of management.
· Design or develop a
client's financial
information system.
Make other than
insignificant
modifications to source
code underlying a
client's existing
5/15/2008
1.-' T Section I (I I - Independence
L.t...t,. II
client's chart of accounts
and financial statement
format with respect to the
client's financial
information system
financial informatlc,
system
~ Supervise client
personnel in the dall
operation of a client
information system
. Design, develop, install,
or integrate a client's
information system that is.
unrelated to the client's
fjnancial statements or
accounting records.
Operate a client's loca'
area network (LAN)
system
. Provide training and
instruction to client
employees on an
information and control
system.
Tax Compliance Services
Tax compliance services addressed by this interpretation are preparation
of a tax return,fn.12 transmittal of a tax return and transmittal of any
related tax payment to the taxing authority, signing and filing a tax
return, and authorized representation of clients in administrative
proceedings before a taxing authority.
Preparing a tax return and transmitting the tax return and related tax
payment to a taxing authority, in paper or electronic form, would not
impair a member's independence provided the member does not have
custody or control fllJ3 over the client's funds and the individual
designated by the client to oversee the tax services:
· Reviews and approves the tax return and related tax payment; and,
· If required for filing, signs the tax return prior to the member
transmitting the return to the taxing authority.
However, signing and filing a tax return on behalf of client management
would impair independence, unless the member has the legal authority
to do so and:
a. The taxing authority has prescribed procedures in place for a client to
permit a member to sign and file a tax return on behalf of the client
(for example, Form 8879 or 8453), and such procedures meet, at the
minimum, standards for electronic return originators and officers
outlined in I.R.S. Form 8879; or
b. An individual in client management who is authorized to sign and file
the client's tax return provides the member with a signed statement
that clearly identifies the return being filed and represents that:
1. Such individual is authorized to sign and file the tax return;
2. Such individual has reviewed the tax return, including
accompanying schedules and statements, and it is true, correct
and complete to the best of his or her knowledge and belief;
- - ---- 1_1- ___.L/~~;J..../,....+ 1{),1 t....-4-...........1
PAGES 15 THROUGH 47 INTENTIONALLY LEFT
BLANK
ENTIRE INDEPENDENCE STANDARD ON FILE
WITH CRA FINANCE DIRECTOR
CONTACT SUSAN HARRIS, FINANCE DIRECTOR
FOR A COPY - 561-737-3256
Auditor
Selection
Guidelines
o Auditor Selection Law:
o Chapter 2005-32,
Laws of Florida
oSection 218.391 ,
Florida Statutes
Clarida
uditor General
.
.
Auditor Selection - Legal Requirements
Application:
. All local governments required by s. 218.39, FS. to have
annual financial audits
· Counties
· Municipalities
· Special Districts
· District School Boards
· Charter Schools
· Charter Technical Centers
II Onl'l to annual financial audit required by s. 218.39. FS
.
Auditor Selection - Legal Requirements
Audit Committee:
Membership specified only for noncharter counties
Required for auditor selection
May be used for other purposes
Auditor selection responsibilities:
· Establish evaluation factors
· Publicly announce and provide requests for
proposals
· Evaluate proposals
· Rank and recommend at least 3 firms in order of
preference
.
~~;,..
~, r.::,
<. -
:::. '~,.:<i,O ..""
~!\
Auditor Selection - Legal Requirements
Negotiation:
II If compensation is not an evaluation factor:
. Negotiate with firms in ranked order
. No simultaneous negotiation, but may reopen
negotiations with anyone of the three firms
II If Compensation is an evaluation factor
. Select the highest ranked firm or document the
reason for selecting another firm
~ Alternative negotiation method
II Cost cannot be the sole or predominant factor
.
Auditor Selection - Legal Requirements
Written Contract:
Services to provided
Fees or other compensation
Detailed invoices
Contract period, including any renewals
Conditions for termination or renewal
30YNTC)N"
31: A C 'H l
East Side-West Side-Seas'lde Rena'lssance
· Summary of Management's Response - Implementation subject to appropriate staffing levels,
The above duties were previously performed by the Administrative Assistant position, but were re-
aligned to the Finance Department in 2008. The Administrative Assistant position is currently vacant
and unfunded in FY 2008-2009. Therefore, implementation of the Auditor's recommendation to have
these duties performed outside the department is not likely in the current budget year.
The agency will continue with the existing practice until such time the eRA Board deems it necessary to
fund the Administrative Assistant position.
FISCAL IMPACT: None.
CRA PLAN, PROGRAM OR PROJECT: Compliance to Auditor's Recommendations and
Risk Assessment Standards required by GASH.
RECOMMENDATIONS: Approve Management's Response.
(j ~I J'/
~~
Susan Harris
Finance Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\CompIeted Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\2-
10-09 Meeting\Audit Finding' Segregation of Duties. doc
Appendix B
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Boynton Beach, Florida)
Management Letter in Accordance With the
Rules of the Auditor General of the State of Florida
Year ended September 30, 2008
CUl"rcnt Year's Findings and Recommcndations
2008-1 Se2l"ce:ation of Duties
Criteria/Specific Requirements
All cash/check related transactions and processes should havc proper segregation of duties.
Condition FOllnd
During our testing of internal controls, we noted the following:
. The Accountant who is responsible for preparing deposit slips (for any sponsorship checks and/or
marina rent checks reccived), depositing thc funds into the bank, and reconciling the bank accounts
on a monthly basis, also perfonns the posting of sllch receipts to the cash accounts and the
receivables sub ledger; and
. The Accountant who prepares the monthly bank reconciliations also has access to petty cash.
Perspective
The condition noted is considered to be systcmic in nature.
Effect
Without proper segregation of duties for cash/check related transactions and processes, increases the risk
for potential misappropriation of cash.
Recommendation
Due to the sizc of the Agency's Finance Department, the Accountant's responsibilities are appropriate.
However, to improve the Agcncy's internal control over cash/check receipts, we recommend that one
individual be responsible for receiving all cash/check receipts (an individual not in the Finance
DepaI1ment). Any such cash/check receipts that are received by mail 01' in person, should be forwardcd to
this responsible individual. Prior to forwarding to the Accountant all such cash/check receipts rcccived, the
responsible individual should log in (into a spreadsheet for example) the cash/check receipt, noting the
datc, amount, payor, and a description of the transaction, if possible. That individual should rcconcile thc
log of cash/check receipts, on a monthly basis, to the deposits madc by the Accountant. Reconciliations
should be printed and properly signcd by the responsible individual prcparing the reconciliation, and
reviewcd and signed by the Director of Finance. In addition, we l'ecOlmnend that the Accountant preparing
the monthly bank reconciliations should not have acccss to petty cash. Responsibility for petty cash can bc
assigned to any other individual, within or even outside of thc Finance Departmcnt.
Jllanagement's Response
It should be noted that the rcceipt of cash and checks are very limited and specific to the annual receipt of
TIF payments, event sponsorship checks, Marina office rental paymcnts and public rccords request
payments. As recommended, managemcnt intends to assign an employee outsidc of the Finance
Depal1ment with the responsibility for (1) receiving, logging, reconciling all check and cash receipts, and
(2) petty cash payments and reconciliations. Management will implement this recommendation subject to
appropriate staffing levels.
eRA BOARD MEETING OF: February 10,2009
I I Consent Agenda I X I Old Business I I
New Business
Legal
Other
SUBJECT: Consideration of Audit Finding 2008-2 Marina Operations-Fuel Sales
SUMMARY:
. At the January 13,2009 Board meeting the CRA auditor, Sanson Klein Jacamino & Company
LLP presented the FY 2007-2008 audit including three Findings and Recommendations.
. Attached is Finding 2008-2 Marina Operations - Fuel Sales
. Summary of Auditor's Finding - The Boynton Harbor Marina management company, Waypoint
Marine, is contractually responsible for the collection and deposit of rental and fuel sales. The
CRA relies on the amounts reported by the Management company and utilizes bank statements to
verify the recording of fuel sales as well as the management company's reports. The intent is to
modify the existing process to improve accountability and secure sufficient assurance the cash
collections made by the management company are accurate.
. Summary of Auditor's Recommendation-
1. Perform an annual marina operations review to verify adequate internal controls are in place.
2. Perform a bi-monthly detailed substantive review of collection on fuel sales.
. Summary of Management's Response-
1. An annual procedural audit will be implemented in FY 2008-2009.
2. A bi-monthly substantive review of fuel sales will be implemented.
FISCAL IMPACT: $9,500 budgeted in FY 2008-2009 in line item 01-51420-200
eRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Audit Finding - Marina Operations.doc
... ~qY~Tp~ l~ j~
_ East Side-West Side-Seaside Renaissance
RECOMMENDA TIONS:
Motion
1, Approve annual procedural audit. The audit is also required under the terms of the
CRA contract with the Marina's management company.
Motion
2. Approve bi-monthly substantive review of Marina fuel sales. Two business days will
be required bi-monthly to comply with the audit finding.
This responsibility will be performed by either:
the Assistant Finance Director -- estimated annual cost of $3,000
· a CPA -- estimated annual cost of$7,000
· an independent CPA firm - estimated annual cost $10,000-$12,000
~~
Susan Harris
Finance Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Audit Finding - Marina Operations.doc
Appendix B
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Boynton Beach, Florida)
Management Letter in Accordance With the
Rilles of the Allditor General of the State of Florida
Year ended September 30, 2008
CUlTent Year's Findings and Recommendations
2008-2 Marina Operations - Fucl Sales
Criteria/Specific Requirements
Internal controls over the revenue process, including all revenues collected by third-palty contractors,
should bc in place and working effectively.
Condition Fou"d
The Marina owned by the Agency is operated by a management company cun'ently under contract. The
management company is responsible for handling the complete operations of the Marina, including
collccting and depositing rent from tenants, as well as fuel sales. With regards to fuel sales, thc Agcncy
relics on the amounts repOlted by the management company. We noted that during fiscal ycar 2008 thcrc
was limitcd ovcrsight rcgarding the amounts collcctcd and dcpositcd for fucl salcs. The issue is whethcr
thc Agency can be reasonably assured that all collections for the sale of fuel is properly deposited into the
Agcncy's account, and not misappropriated by the management company. With fuel sales reaching almost
$1.2 million during fiscal year 2008, it is imperative that the Agency modify its existing process in place to
help eliminate the risk of misstatements.
Perspective
The condition noted is considered to be systemic in nature.
Effect
The Agency has insufficient assurance that cash collections made by the management company are
accurate and complete.
Recommeltdatiolt
The Agency does currently pcrfonll a monthly analysis of fuels sales as compared to cost of the fuel.
However, we recommend that the Agcncy perform an annual review of the managcmcnt company's
operations to determine that there are adequate internal controls in place and working effectively at the
management company with regards to collections on fuel sales. In addition, we recommend that the
Agency's Financial Consultant or Accountant perform a bi-monthly or, at a minimum, a quarterly detailed
substantivc review of collections on fuel sales, whereby, the Financial Consultant or Accountant makes a
representative sam pic of sclcctions of fuel sold and trace such transaction from collection to deposit to
repOlting.
Alat,agemellt's Respollse
As recommended: (I) an annual Procedural Audit of the Marina Operations will bc implemcnted effective
in FY 2008-2009, and (2) the Agency will undeltake a bi-monthly substantive rcview of fuel sales
collections, The Procedural Audit process is expected to be completed in the first quarter of 2009. Fuel
salcs collection testing and audit will also begin in early 2009.
eRA BOARD MEETING OF: February 10,2009
I I Consent Agenda I X I Old Business I I
New Business
Legal
Other
SUBJECT: Consideration of Audit Finding 2008-3 Police-Related Expenditures
SUMMARY:
. At the January 13,2009 Board meeting the CRA auditor, Sanson Klein Jacamino & Company
LLP presented the FY 2007-2008 audit including three Findings and Recommendations.
. Attached is Finding 2008-3 - Police-Related Expenditures
. Summary of Auditor's Finding-
1. The CRA expended more than $185,000 for police vehicles and equipment.
2. Based on an audit by the Florida Auditor General of the Daytona Beach CRA, police related
expenditures were questionable as to whether such expenses were authorized pursuant to
Section 163.387(6) of the Florida Statutes.
3. Expenditures must be incurred in accordance with the CRA Redevelopment Plan.
4. Downtown Master Plan suggested the implementation of community policing in year 5 or in
2013, prior to incurring costs of police vehicles and equipment in FY 2007-2008.
5. CRA may not have been in compliance with Florida Statutes at time of disbursements.
. Summary of Auditor's Recommendation-
1. At a minimum, the CRA amend its Downtown Master Plan to properly account for the costs
of its police related expenses.
2. Management formulate a strong argument for the aforementioned police-related expenditures
applicability to community policing innovations.
3. Going forward, any future expenditures that the Agency's management foresees on incurring
using tax increment funds, or has any questions as to its compliance, that they determine that
such expenditures are in accordance with its redevelopment plans and with Section
163.387(6) Florida Statutes, prior to incurring such expenditures.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Audit Finding - Police Related Expenditures.doc
. Summary of Management's Response-
1 . "At a minimum, the Agency amend its Downtown Vision & Master Plan tv properly acc/Jim!
for the costs of community policing. "
ReSDonse: the suggested amendment was approved at the eRA Board meeting on December
9, 2008.
2. "Going forward, any expenditures that the Agency's management foresees on incurrzng
using tax increment funds, or has any questions as to its compliance, that they determine that
such expenditures are in accordance with its redevelopment plans and with 5,'ectivl?
163.387(6) Florida Statutes, prior to incurring such expenditures. "
ReSDonse: Management has requested an opinion from eRA's legal counsel on Section 163<
387(6) related to compliance with such expenditures as justification for budgeted
expenditures and payments in FY 2008/2009.
However, due to the ambiguous language in the Statute, no formal legal opinion has been
provided. See attached correspondence between the CRA attorney and the auditor.
FISCAL IMPACT:
FY 2007-2008 - $573,853
FY 2008-2009 - $475.345
eRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan
RECOMMENDATIONS: Direct staffto seek an independent CRA expert attorney to provide a
legal opinion on CRA related police expenditures.
(' \ . I
\ ,/ /
~~~.
Susan Harris I.
Finance Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-1O-09 Meeting\Audit Finding - Police Related Expenditures.doc
ApJ}cndix F
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City of Boynton Beach, Florida)
Management Letter in Accordance With the
Rules of the Auditor General of the State of Florida
Y car cnded September 30, 2008
Current Year's Findings and Recommendations
2008-3 Police-Related Expenditures
Criteria/Specific Requirements
Scction 163.387(6), Florida Statutes, provides that moneys in the Agency trust fund may be expended for
undertakings of the Agency as described in the Agency Plan, including, but not limited to costs for the
development of community policing ilmovations.
Condition Found
During our audit we noted that the Agency entcred into an agreement with the City of Boynton Bcach,
Florida (the "City") on Decembcr 19, 2007 to pay the City the sum of: $45,455 for police equipment;
$130,830 for police vehicles; and $8,784 for patrol bicycles, These amounts were invoiced by thc City on
Dcccmbcr 28, 2007 and paid by the Agency on January 4, 2008.
Based on an audit of the Daytona Beach Community Redevelopment Agency performcd by the State of
Florida Auditor General, thesc types of cxpenditures were questionable as to whether such expenditures
wcrc authorizcd pursuant to Section 163.387(6), Florida Statutes.
The aforementioned police-related expenditures can probably be argued that they fall under the
classification of costs related to community policing innovations. Thcrefore, the main issue is whether
thcse expenditures werc incurred in accordance with the Agency's redevelopment plan. Based on our
review of thc Agcncy's Downtown Vision & Master Plan, which was approved in concept by thc City
Commission in April 2008, such plan described incurring costs of community policing in year 5 of the
action plan. As a result, since the police-related cxpenditures described above occurred in December 2007,
which was prior to the approval of the Downtown Vision & Master Plan and prior to the timeline of
incurring costs of community policing described therein, the Agency may not have been in compliance
with Section 163.387(6), Florida Statutcs at the time the expenditures actually occurred.
Perspective
The condition noted is considered to be isolated in nature.
Effect
State rcgulators (e.g. the Auditor General's office) that request a review or audit of the Agency's records
could determine that the Agency is not in compliance with Florida Statutes.
Recommendation
We recommend that, at a minimum, the Agency amend its Downtown Vision & Master Plan to properly
account for thc costs of community policing, and that management of the Agency formulate a strong
argument that the aforementioned police-related expenditures are applicable to community policing
innovations. We also recommend that going forward, any cxpenditures that the Agency's management
foresees on incuning using tax increment funds, or has any questions as to its compliance, that thcy
detennine that such expenditures are in accordance with its redevelopment plans and with Section
163.387(6) Florida Statutes, prior to incurring such expenditures.
,\ ppl~ndh: H
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(A Component Unit of the City ofRovnton Beach Florid,
Management Letter in Accordance W ilti In
Rules olfhe Auditor Gel/eral of thc Statt> I.lr Florin
Year ended September :~ o. :' {II i
Current Year's Findings and Recornmendatiom
Mallagemellt's Re!.pollse
Management has been attempting to resolve the conditions highlighted above regarding complianct:
pursuant to Section 163.387(6}, Florida Statutes and has requested the assistance of Agcncy's Icgal counsel
to mitigate compliance issues. With specific regard to the abovc recommendations
(I) "At a lIIini1l1u1I1, the Agency amend its Downtown Vision & Master PIal/ to prope,.~v accoulltjor the
costs o( community policing... " - the suggested amendment will be brought before the Agency
Board at thc December 9,2008 meeting.
(2) "... that management of the Agency formulate a strong argument that the q(orementioned police.
related e.\penditures are applicable to community policing innovations. "- Management will work
with the City's Chief of Police and Agency legal counsel to formulate the recommended policy.
(3) "... that going forward, any e.'penditures that the Agency IS management foresees on il/curring
using tax incl'ementfimds, or has any questiol/s as to its compliance, that they determine that such
expenditures are in accordance with its redevelopment plans and with Section 163.387(6) Florida
Statutes, prior to incurring sllch expenditures, " - Management has requested an opinion from
Agency's legal counsel on Section 163-387(6} related to compliance with such expenditures as
justification for budgeted expcnditures and payments in FY 2008/2009.
IWl
~
SANSON KLINE
JACOMlNO & COMP~ LLP
Certified PubHc AccountaIds & Consultants
5805 Blue l.4goon Dtlve
Suite 220
Mj~mi, Flotiq~ 33126
Tel. (305) 269-8633
F~x(305)265-0652
www.skjnet.com
October 31, 200t:
Mr, James A. Cherof
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Blvd, Suite 200
Fort Lauderdale, Florida 33308
Dear Mr. Cherof:
I received your letter by fax dated October 28, 2008 regarding the request for a legal opinion on certain
police-related expenditures incurred by the Boynton Beach Community Redevelopment Agency (the
"Boynton Beach CRA"). With regards to the police-related expenditures that are in question, my
experience comes from one of the other eRA's that my Firm audits regarding a similar issue that we
came across in 2002. The issue then was whether .that CRA was allowed to expend tax increment funds
on a purchase of police vehicles in accordance with Florida Statute and the CRA's redevelopment plan.
That particular CRA had not yet expended the funds on the police vehicles, but first wanted to ensure that
they would be in compliance with Florida Statute if they were to make the purchase. In our conversation
back then with the Florida Auditor General's office, they didn't believe that such expenditures would be
in compliance with Florida Statute, if such expenditures weren't included in the redevelopment plan and
its applicability to innovative community policing. However, they wouldn't give a definitive yes or no.
The main issue was whether those vehicles would be used specifically for the CRA district only, and how
such purchases would contribute towards the redevelopment of the district. The other issue was that such
expenditures were not specifically identified in that CRA's redevelopment plan. To be on the
conservative side, that CRA ended up not expending the funds on the police vehicles.
In a more recent report issued in November 2007 by the Florida Auditor General on the Daytona Beach
CRA, which I'm sure you have read, therein they had a similar finding regarding police-related
expenditures, which included the actual purchase of police vehicles using tax increment funds. However,
in that report the Florida Auditor General only stated that "the vehicle purchases and the police-related
operating expenditures do not appear to be authorized pursuant to Section 163.387(6), Florida Statutes."
They don't actually give a definitive yes or no as to compliance, but only states that it "appears" not to be
in compliance.
For the reasons above, I stated to Lisa Bright, Executive Director of the Boynton Beach CRA, that these
type of expenditures in my experience are questionable. As it relates specifically to the Boynton Beach
CRA, my concern is whether or not its own redevelopment plan had included these type of expenditures
and the timeframe for incurring such expenditures, at the time of the purchase of the vehicles and
equipment. If such expenditures weren't included therein or weren't incurred in accordance with the
redevelopment plan timing, then such expenditures may not be in compliance with Florida Statute.
Page 1 of2
SKI
&Co
A~ a result, in order to cover my bases as it relates to pwJcsslOnai auditing standards, I requested a legal
opmion. The Florida Statute is quite broad, and when It conics 10 Il1tcrpreting la~, I defer to those bette!
suited to handle interpreting such laws. Obviously there ~ IlO requirement for 'IOU to provide me or the
Boynton Beach Community Redevelopment Agency with ,I legal opinion. fhe only reason I requested
one is because any opinion that you do provide could atkct nOI\ thi~ Issue is included in the audit report~
as of September 30, 2008.
I f you have any other questions, please feel free to l'ontacl me OIrcctl\ at (305) 2()9-Xh3 ~. Ex!. I h. I Innk
forward to hearing from you.
V cry truly yours,
I
A~--~
./ !
,/
Richie C. Tandoc
Partner
cc: Lisa Bright, Executive Director
Boynton Beach Community Redevelopment Agency
Page 201'2
GOREN, ellER-OF, DOODY & EZROL, P.A.
ATTORNF.Y~ AT L^~,
SUITE 20C
3099 E.\ST COMMERCIAL BOULBV"'lt
FORT Li\UDB1\DALE, FLORIDA 3$~(lf
PHONE: (95-4) 771.450r
FAX; 1954) 771.-491.:
www.cltyatty.corr
li"I-IUEL S. GOREN
JAMES A. CHEROF
DONALD J. COODY
l(eR~Y L. EZROL
MICHAEL D, CI~UlLO. JA.
JULIE F. KI.AHR
DHR~Y ilEAC/< OFFICE
76 N.E. I'IHll AVENUe
DBLl\AY IlEACH, FL 8848,
"HONE: (S61) 276.9-4DC
FAX; (561) a19'65S~
DAVIC N. TOLCES
JAMILA v, ALexANDER
JACOB G. HOROWIT2:
SHANA H. BRIDGEMAN
ANNAllEiiLI.A BARBOZA
STEVEN l. JOS1AS, OF COUNSEL
PL(U~ REPL1 TO FORT L4UDERDAI.E
October 28, 2008
Sent via Fac..'timile: 305-265-0652
Richie C. Tandoc
Sanson Kline Jacomino & Company, LLP
5805 Blue Lagoon Drive, Suite 220
Miami, .FL 33126
Re: Boynton Beach Redevelopm.ent Agency
Dear Mr, Tand.oc:
In accordance with my discussions today with Lisa Bright, Executive Director of the Boynton
Beach Community Redevelopment Aaency, I am deferring on your request for a legal opinion
until the Down.town Vision, Master Plan, and Community Policing Incentives are reviewed
.further by the eRA's administrative staff and presented to the CRA Board. In the interim. I
would be interested in reviewing any information you may have that you are referring to when
you state "from my experience, th.ese types of expenditures are questionable with regards to its
compliance with Florida Statute." My research does not indicate any binding legal authority on
the issue that you allude to. Your disclosure of that infonnation would allow me to more
specifically evaluate your concerns and provide guida.nce to the Executive Director a.nd the CRA
Board.
J
JAC/lb
H:\2007\070473 BBCRA\I.c:ltcr to Richi" Tordo\: re eRA,doc
~~RY~T8l R).\
ill East Side....West Side-Seaside Renaissanc,
FROM:
RE:
Jim Cherof, CRA Attorney
Lisa Bright, eRA Executive Director '1
CRA Audit
TO:
DATE:
September 16,2008
As per your letter dated September 12, 2008, enclosed are the following:
1.) Letter from Sanson, Kline Jacomino & Company LLP - Legal opinion for
C RA Police
2.) City Invoices for CRA Police Expenses - Spreadsheet analysis of missing
receipts
3.) Susan Harris Memorandum Requesting Legal Opinion for CRA Police-
July 22, 2008
After your review, please let me know if you need any additional information or
discussion.
lib
Attachments
915 South Federal Highway Boynton Beach, Florida 33435
Ph: 561-737.3256 Fax: 561-737-3258
'!IV/VI. b oyntonhe achcr a. com
GOREN, CHBROF, DOODY & EZROL, P.A.
SAMueL S. GOREN
JAMU A. OHIIROP
DONALD J. DOODY
KERRy L. lizf\OL
MICHAEL C. CII'IULlO. JR..
.JULIE F. KLAHR
Lisa Brigh~ Executive Director
Boynton Beach eRA
915 SOl.lth Federtll Highway
Boynton Beach, FL 33435,
Dear Ms. Bright:
^'l'TtlRNl>V~ AT J~AW
~UITl; 2C1t
30~9 lAST COMl.lIt~C',U 1I0UJ-f.VAIl.Il
FOR1 LAUDUIlALt, fr..DIlI'DA saaos
PHON!!: (954) 771-4900
FAX; (95"1"1."923
WWW.t;ltyHty.com
l)E~~AV IEAl';lI OFFlt;~:
76 N.Ii. flfTIl AVSNtlB
Ii~I.MY llF.M:H, FL 3M53
I'/lQN!': (561) 116'9400
FAX: {!l61J &19.6559
DAVID N. TCllOES
JAMfl.^ V. AI,EXANDliR
JACO' Q. HQ~OWITZ
SHAN" H. DRIDtl~MAN
ANN/lBELlA 8A~SOZ.A
STeveN L. J081AS. 0, C~)V"nl
PlUU RIPLV TO Fol\.T L,l.lloiEADALll
September J 2, 2008
Please send me a copy of the auditor's request for a legal opinion as referenced in your
September 10,2008 letter. .
JAC/lb
J
H:\2007\070473 llBCRA'l.cttcT 10 Brillht rc: Budltors r~ort.doc
fSKJr
~
SANSON KLINE
JACOMINO & COMP~ LLP
Certified Public Accountants & Consultants
5805 Blue ~gooll Dt1ve
Suite 220
Mlilml, Florid'l 33126
rd. (505) 269-B633
F'lx (305) 265-0652
\W{W skjnd com
September 9,2008
Ms. Lisa Bright
Executive Director
Boynton Beach Community
Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Dear Ms. Bright:
Based on our interim fieldwork that is cun'ently in process, we noted certain police-related expenditures
that were made during the year by the Boynton Beach Community Redevelopment Agency (tbe "CRA")
for the purchase of vehicles, patrol bikes, and other equipment. From my experience, these types of
expenditures are questionable with regards to its compliance with Florida Statute.
I made inquiries of the AICP A and they suggested that we obtain from your legal counsel a written legal
opinion regarding compliance of these expenditures with Florida Statute and the eRA's Downtown
Vision & Master Plan ("Plan"). Since the CRA is a governmental entity, we issue a Yellow Book RepOlt
(also known as the GAS Report) regarding the CRA's compliance with certain provisions of laws,
regulations, contracts, and grant agreements. Therefore, in accordance with auditing standards, if we can
not obtain a legal opinion from your legal counsel by the end of the audit, this will be considered a scope
limitation and will require a qualification of your Yellow Book Report.
Please request from your legal counsel that he address his written legal opinion directly to me, no later
than October 31,2008 at 5805 Blue Lagoon Drive, Suite 220, Miami, Florida 33126.
Richie C. Tandoc
Partner
cc: Susan Harris, Director of Finance
(f).
. i.~:."::""
.. u. .
". :~.'
. . .
CITY OF BOYNTON BEACH
(581) 742-6310
TO: COMMUNITY REDEVELOPMENT AGENCY
915 S Federal H\qy
BOYNTON BEACH, FL 33435
INVOICE DATE
DUE DATE
CUSTOMER/TYPE (I
dUANTJTY
'.' ."
. DESCFufitlON .' "
", ::~". c.:..';. :":j l::-,. ;,~~'~~~n:~: '
, . .:;:. .:.,~,~;;:~;':~:T:?:'<:: ,', .~. '-,,":' .:T'.~':':,;:... ,.~~
.... .. ,..tRIOI:,. ','w.' ....., TOTAL. ,
~~;~;,. ,:~.~--~~.:~;~~:,~~::f:.~;';.~M~~r~::~5:~U:.;~:; l::;t~:~~;::.-.~: .:.;.:.:;.~:.::-'~\.. :.;. ". .
1.00 CRA POLICE UNIT
EQUIP, VEHICLES, BICYCLES
o J'-' 631 CJ.--o - t.{eo
01 -- 5' "5 I d-O - '-I f '0
() f - :5""3/ CJ-O -. "1,0
185,069.00
#'IS;~!F~
r/ /30 ~ '3 V
, g, fJ 'if'!
J
TOTAL DUE:
'j
\
INVOICE
20947
i2/28/07
1/28/08
2396/2516
185,069.00
E J r IV- ;::;<C-
3 C':/e-l"rL eJ; .
'3- ?A-/'ro ?v-[es
$185,069.00
.YG-iJl..-C nv'()"..fc JU:;""!~~t'\' i --- .-.-- -- . ~'.". .' -""T ,--- .~- .-.-----.~ - .__.~.-- u._....._._.. ....~i_...
,____.._____.. _______..____~.h._._ _ j ~-.~.,~"'-~- M___ ___ - i ".---.....-.--. -.-,.".
i C~WQorv: Patrol Bike" I i .- --- ...- -- I
+ _. I
Invoice Dates PO# InvOi~e # or Re" # Vendor Amnllnt Descrintion T otallnvoices Cilv Billed I
3/31/2008 81102 45768 Bike America $4.750.00 5- trek nnlice hard tail bievcles $ 4.750.00 ."._~
I
---. i
, ~= ..
Tota' " 4.750.00 ~ ".784.00
Caleco nt
=-:5 PO# In'-'- .. - R~ # Vendor Amount Descri"tion Total Invoices
138104tl904 VerIzon $ 461.65 Cd ohonE I
4f7fl1JQ8 1401471046 Verizon $ 243.30 eel DhonE -I
517/2JJ08 1411974802 Veri%on $ 243.30 Cdllhone ,
" .-'
617/2JJ08 1422SOlM168 Verizon $ 243.05 CeI Dhone
7rTI'JI!JOa 1~129 Verizon $ 243.05 eel Dhone
817fl1JQ8 1443363&87 Veri%on $ 243.05 Cd-
511312llO8 1414001G57 VerizDn $ 196.46 CeI 'lOne ---_.~ -.-
! 611 aI2OO8 1424533352 Veri%on $ 140.98 CeI "'00
i- 5/27/2008 1418886324 Verizon $ 820.08 CeI 'lOne ~-'-'-'-_.'-< -~-'- ..-- -
-_..._.~. 6126/2008 1429412448 Veri%on $ 95,05 CeI none "~~~~.- " J
f-- 7/1712008 1437153754 Verizon $ 102,12 Cell 'lOne --'
711312008 14349511687 Vetlzon $ 244.55 Cell 'ione I
7/1612008 1444973967 Verizon $ 915.13 Cel 'lOne crcdm , . .--- -- ~
8/1312008 14445363107 Verizon $ 185.01 Cel 'lOne ~-'-"._- $ 2.546.52
4/21/2008 81176 45956 ... DGG Taser Inc $4.024.75 5 -X26 lasers w/doms and 4 vr warranties I
4/2112008 81176 45956 DGG Taser Inc $ 899.75 5 -XDPM four year warranties "-"-I
412112008 81176 45956 DGG Taser Inc $ 46.00 shiDalllO $ 4.970.50 :
-- 4/812008 81149 45867 Lou's PDIIce & Securi Eouic $ 109.96 2- safariland 6280 STX. RT hand holster/alack 22
, 4N2OO8 il1149 45167' Lou's Police & Securi Eouio $ 54.98 1- safariland 6280 STX. RT hand halsIer/olock 35 -J
~ ~..-
4/812008 81149 4$867 Loo's Police & Securi EllUlc $ 54,98 1- sefariland 6280 STX. RT hand holster/a1ock 21 I
41812008 81149 45867 Lou's POIloe & 5ecuri 'Eouic $ 54.. 1- safariland 6280 STX. left nand holster/QIock Z2 $ 274.90
413012OO8 81225 46092 T actieal Products GroUD Inc $ 225.00 5 - TPG Black Dr"c Leo Gas MlISk Pouches $ 225.00
412112008 .1177 45957 OMS Guns $2,345.00 5 - Glock 21SPs wiln GIodc Nioht SIahIs $ 2.345.00
4J9I2OO8 81159 45874 Binocul8ts. Com $ 129.38 2 - Nikon 8x4O aCliOn uIlra-wide view binoculars $ 129.38
41912008 81159 45874 BlMaJIars. Com $ 578.00 2- ATN Me -4 Gen 1+ nlchl vision monocular returned
41912008 81159 45874 Binoeular&. Com $ 25.00 ShiDDinc Waived
4IliII2OlI8 81158 45871 Cin::uit Citv $ 99.98 2 - DIvmDns VN - 4100 PC Dioital Voice Recordes
4J9I2OO8 81158 45871 Cin:uit Cllv $ 329,98 2 - Cannon P~ A590 is 8 - Mf>cacix Di" earn
4I9I2OOS 811511 45871 Circuit City $ 459,GG 1 - Sonv DCRSR45 30 G8 HanllVCam hYbrid camcorder $ 889.95
4I8/2l108 81152 45875 GaIt$. Inc $ 38.97 3 " Disaswr ~ness tools
4IM!OQ8 81152 45175 G8Il6. Inc $ 79.98 2- Uome black 240ne duIrel hao.~
4I8/2l108 81152 45875 Galls. Inc $ 119.98 2-10 mUlion call1i.....-. rechameable scarchliqhts
4JIJ'2OOB 81152 45175 Galls. Inc $ 125.98 2 - Gelber Multi - Lock tollS wI needlnose olielS
4N2OO8 81152 45175 Galls. Inc $ 45.00 shillllino $ 409.91
4I:t8I2008 81228 48G93 Law Enloroement SUoalv Comoanv $ 948.75 5 - Survivair eBRN Gas Masks
4/3Or2OO8 81228 4ClO93 Law Enfor-..t SuooIv ComllBnv $ 155.25 5 - Survivair CBRN Gas Masks Fillers $ 1.t04.oo
41812008 811SO 45868 LawmIn's & Shooters Suo"'" In $ 450.25- 5- TLR-1 $ 450.25
4I2Sl'2OO8 81220 46009 LawmIn's & Shclolers SUDoIv In $ 450.55 remier Crown Riot Helmets Dual Black w/ fave shiel $ 450.55
41231058 81187 45958 Soecial Products GrDUD $ 1.350,00 100 - Black ASP Flex CUffs Order Cancelled
4/2912008 81219 46010 Soecial Products GrOOD $ 146.65 Peerioss Hinaed f801 Silwr handcuffs $ 146.65
5/1512008 Deoti8O $ 15.98 I'IJimblJr&8menllD ~ for travel AC Wall Char"",r
I 5/1512008 Deaultio $ 17.94 reimbUtsemenllD Droiiilio for charaer for Casio camera $ 33.92
112912008 80933 45199 More Direct $ 6,575.00 Thir*Dlld T61 Core 2 Duo 1.8GHZ/1 GB/80GB
112912008 80933 45199 More Direct $1.175.00 3 year Thinkcad Protection DaDO!
, 112912008 80933 45199 More Direct $ 228.75 1 GB 1024MB DDR2-667MHZ Sodimm For IBM $ 7,978.75
.- 7/1SI200~ - - __un. ____ 6:;110 ~. .- Soecl81 Products Group $ 540.03 ABA Xtrerne HP Level Vest w.2 black AJ Calriers & 5x8 Soft S 540.03
4/1112008 oeiiUiIio $ 84.50 I'8iI'mursement windON tint $ 84.50
412312008 81188 45947 Bib America $ 110.00 AIR - 8ltmt CPSC BIk
4J23fLtICIll 81186 4S947 Bike America $ 165.00 AIR - 8 tht CPSC BIk
I- 81188 45947 Bib Ameri<:a $ 14.20 Len Bandl;
811M 4!847 ... AmItlCll $ 56.94 0lC IncIInl! Glove L
SH88 45147 BIlce AtnIrIoa $ 37.96 FCIK lnollnt Glove XL
41231.2008 81188 458(7 BIb America $ 151.87 Rack-801 Bones 3. bike
4I23J2OOe 81111I 451147 Blke America $ 189.83 IKinlIIlin - 4
4I23J2OOe 81188 4Sl47 BIlce America $ 284.70 Rack TtuIIk
412312008 81111I 45947 Bike Arnerica $ 189.80
~ 81188 45947 Bike America $ 71.25 uant Olsco TecI1 Led $ 1.271.55
712812008 OfIlceOerlol $ 594.00 2 - Conference table $ 594.00
olal 1$ 24.~5.~ $ 45.455.00
(Vehicles
I S
I S 130,830.00 I
MEMORANDUM
DATE:
TO:
FROM:
July 22, 2008
Jim CheroT
Susan Harris
cc:
Lisa Bright, eRA Executive Director
Vivian Brooks, CRA Assistant Director
Matt Immler, Chief of Police
RE:
Police Contract
This is in response to your email dated June 12, 2008 (attached) regarding my
request for assistance to transition from the current police contract to an ILA.
Here is a brief summary of events and the reason for the request:
. The current contract for community policing services in the CRA district
was approved at the December 2007 CRA Board meeting.
. At the January 2008 Board training, the staff and Board learned that the
CRA may not be in compliance with community policing regulations under
Chapter 163, specifically the reimbur~ement to cities for certain types of
expenditures (police vehicles, weapons, etc.).
. Thereafter I took a look at the entire issue from an audit perspective. My
recommendation for an ILA is based upon my research and discussions
with another independent CRA in Palm Beach County that uses the legal
vehicle of an I~A for funding. After reviewing their ILA, I believe it
specifically addresses the compliance issues while meeting the regulatory
requirements.
Additionally, herein are:
1. Responses by Daytona published by the Auditor General report. I've
isolated the responses from the report and attached for your review.
2. Plan provisions:
a. Copy of pertinent HOB Plan pages
b. Copy of Downtown Master Plan ("DTMP") - see policy P-3 - The
timeline in the DTMP is in year five or 2013.
3. Various emails requesting clarification of the appropriateness of a eRA
community policing plan beginning last summer and ending before the
item was brought before the CRA Board. The CRA community policing
initiative funded in this year's budget was not initiated by the CRA (see
emaHs). The directive for funding came from someone in the City, The
issue of compliance within. Chapter 163 was brought to your attention
before the Board was presented with the police contract in December
2007. Since we are not privy to further emails on the compliance issue,
and there was no notification from your firm to the CRA not to proceed,
the contract was placed in the December agenda for approval
Regarding the issue of the Plan provisions, if you determine that the HOB Plan
does not encompass innovative community policingand/or that the DTMP
timeline is too far in the future to ensure compliance, advise if you feel the DTMP
should be amended to bring the innovative community policing forward to Phase
I of the Plan or some other method of compliance,
I understand that revoking the current contract and instituting an ILA will require
Board approval and we'll take this to the August 1 ih CRA Board meeting,
As Finance Director, it is part of my responsibilities to ensure that the CRA is in
legal and regulatory compliance. As the CRA's legal counsel] we are looking to
you to make sure the Agency is in legal compliance in order to protect the eRA
from known deficiencies.
Your advice would be most appreciated,
Thanks,
n
~
Susan
__H4-s
I)tI'JUSr
SHIPMENT NO.
503579 \f2b11
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~: ~ Date 'l1~R
SlgnahJr. I .
Page 1 of2
.arris, Susan
From: Jim Cherof [JCherof@cltyaUy.com]
Sent: Thursday, June 12, 20085:13 PM
To: Harris, Sw~an
Subject: RE: Police Contract
Great, thanks.
James A. Cherof
Goren, Cherof, Doody & Ezral, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone: (954) 771-4500
Facsimile: (954)771-4923
From: Harris, Susan [mallto:HarrisSu@ci.boynton-beach.fJ.us]
Sent: Thursday, June 12, 20085:11 PM
To: Jim Cherat
Cc: Bright, Lisa
Subject: RE: Police Contract
.lim,
III research and get back to you.
Thanks I
Susan
Susan Harris
Finance Director
Boynton Beach eRA
915 South Federal Highway
Boynton Beach, FL 33435
Tel: 561-737-3256 Ext. 203/Fax: 561-737-3258
Email: harrlssu@cl.boynton-beach.fl.us
From: Jim Cherat [mailto:JCherof@cityatty.com]
Sent: Thursday, June 12, 2008 5:08 PM
To: Harris, Susan
Subject: RE: Police Contract
Have you contacted Daytona to see how they responded to or otherwise dealt with the AG's comment? That would be good to
know. In any event, (1) AND (2) require Board approval. As to (3), legal opinions are premised on facts and law. I need to know
what prOVisions of the Plan staff was relying on when the Agreement was reviewed and moved on to the Board for approval.
There must be some provision of the Plan you (staff) were relying on at that time.
"-roes A. Cherof
Joren, Cherof, Doody & Ezrol, P .A.
3099 East Commercial Boulevard, Suite 200
7/21/2008
~ ~' i
Fort Lauderdale, Florida 33308
Telephone: (954) 771-4500
Facsimile: (954)771-4923
From: Harris, Susan [mailto:HarrisSu@cLboynton-beachJLus
Sent: Thursday, June 12, 2008 4:03 ptv
To: Jim Cherof
Cc: Bright, Lisa; Brooks, Vivian
Subject: Police Contract
Jim,
You'll recall at the January 2008 Board Training Workshop, Jeff Oris' presentation included a discussion of Auditor
General findings during operational audits of various CRAs. Jeff specifically discussed the audit findings dated
November 2007 for the Daytona Beach CRA (attached) regarding various police-related expenditures.
Among the findings by the Auditor General, certain police-related expenditures were questioned. The Auditor General
stated "certain expenditures, including community policing innovations, are authorized if they are described in the
CRA Plan." However, the Auditor General went on to state: "absent the CRA's Plan including community policing
innovations. . . the vehicle purchases and the police-related operating expenditures do not appear to be authorized
pursuant to Section 163.387(6), Florida Statutes" (see page 4 ofthe attached).
Based on the above, and for audit compliance purposes, the CRA needs to move from the current contract to an IT_A
with the City. For your convenience, I have attached a draft ILA for your revisions and recommendations.
The CRA needs your legal assistance to (1) revoke the CUlTent contract, (2) prepare a legally compliant ILA for Board
approval, and (3) provide a legal opinion on whether the purchase of equipment, weapons, bicycles, vehicles, etc. by
the CRA (as specified under the current contract) is appropriate under Florida Statutes goveming community
redevelopment agencies.
Please advise.
Susan
Susan Harris
Finance Director
Boynton Beach eRA
915 South Federal Highway
Boynton Beach, FL 33435
Tel: 561-737-3256 Ext. 203/Fax: 561.737.3258
Emall: harrissu@cl.boynton-beach.fl.us
7/21/2008
NOVEMBER 2007
REpORT No. 2008-03C
~r\ rf.~l~"
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AUDITOR GENERAL
DAVID Vi. MARTIN, CPA
DAYTONA BEACH COMMUNITY REDEVELOPMENT AGENCY
.' .
Operational Audlt
SU~IM/I.RY
The Auditor Geueral is authorized by State law to
penotlll independent audits of govetnmental
entities in Florida. Putsuant to Section 11.45(2)(1).
Florida Statutes. the Legislative Auditing
Committee. at its March 5, 2007. meeting. directed
us to conduct an audit of the Daytoua Beach
Community Redevelopment Agency (CRA). The
summary of our findings for the period October 1,
2004. through Match 31. 2001. and selected actions
taken prior and subsequent thereto. is as follows:
Finding No.1: We noted several expenditures
that were either not aut110rized by Chapter 163. Part
III, Flo1'ida Statutes, or not in accordance with CRA
Plans.
Fittding No.2: CRA Plans were not in sufficient
detail to provide for a determination that CRA
expenditures were in accordance with the Plans.
Findin,g No.3: Coutrary to Section 163.356(3)(c),
Florida Statutes. the City Commission did not
designate a Chair and Vice Chair of the CRA Board.
Finding No.4: Contrary to Section 286.011(1).
Florida Statutes, the meetings of the CRA BoaL-d
were not always noticed.
Findin,g No.5: The minutes. for the jointly held
City Commission and CRA Board meetings, did not
indicate. for each official action taken. whether the
action was by the City Commission or the CRA
Board. Additionally, several minutes were not
timely approved.
Findinlf No.6: Although the CRA followed City
policies and procedures, the CRA Board did not
take formal action to adopt the City's policies and
procedures for CRA use.
Finding No.7: The CRA did not always use the
appropriate property values to calculate tax
increment revenues due from taxing authorities.
Finding No.8: Tax increment revenue
contributions by taxing authorities repOl1:ed in the
City's Comprehensive Annual Financial Report
differed from the CRA's receipt records.
Finding No.9: Amounts due to the CRA from
Volusia County for late tax increment contributions
were used to offset amounts due by the City to the
County.
Finding No. 10: Tax increment revenues received
by the CRA were not always timely deposited.
Additionally, investment earnings on futlds
advanced to the City's capital project fund were not
recorded to the credit of the CRA.
Finding No. 11: Salaries and benefits charged to
the CRA. trust fund were not always supported by
tinle records or appropriately allocated.
Finc:lh\g No. 12: CRA persOlUlel records did not
contain documentation that the educational
background of a former redevelopment director was
verified.
Finding No. 13: Contrary to City policy. severance
pay was provided to the former redevelopment
director.
Finding. No. 14: Vehicle allowances and cellular
telephone stipends were granted to employees
withont documentation juStifyhlg the amount of the
benefits granted.
Finding No. 15: Disbursemettt proc~ssiug
procedures could be improved to ensure that
purchases are properly approved, the goods or
services are received, and invoices are paid only
once to vettdors.
Page 1 of31
NOVEMBER20rr
Finili11g No. 16: LOl1ttiblluons tc other enl1Ue"
were made without the use of written agreemcIHb
specifying the purpose of the contributions and
providing a mechanism whereby the CRA can
monitor the use of the moneys. AdditiouaUy, eRA
Board approval of the contributions w~s Dot a!w:l.ys
documented.
Finding. No. 1'7: Real property was acquired
without the use of appraisals or the pW'chase price
exceeded the Wghest appraisal obtained.
Additionally, CRA Board approval was not always
documented for the purchase o.fthe propei'ty.
Finding No. 18: Competitive selection p1'OCedure5
could be improved to provide for better
recordl{eepiug. Additionally, the contractor utilized
for oue CRA project was obtained through another
entity even though a bid was received by the City
for the CRA project.
Finding No. 19: Amou1lts were billed aud paid OD
contracts for selvices reudered prior to the date ou
which the notice to p1:Oceed w?s issued. Contracts
did not always require sufficient documentatiou to
be submitted by contractots to provide a basis for
payment. Documentation to support one contract
amendment and oue change order providing for fee
increases, and CRA Board approval the1'eof, could
not be provided.
FindilW No. 20: The City awarded a large
contract to a developer, the ouly respondent to ~
request for qualifications and proposals (RFQP),
notwithstanding the fact that the developer failed to
provide key elements in its response to the RFQP.
Findit'l: No. 21: The CRA's repol.t of activities for
the 2004-05 aud 2005-06 fiscal years iucluded ouly
the required financial statements, but did not
include nonfinancial infonnatioll that may be of
iutei'est to taxing authorities.
Finding No. 22: The City's Internal Auditor
reports to management responsible foi' the activities
u1lder review. Additionally, an intemal audit of the
CRA, issued March 20, 2007, had not beeu
presented to the CRA Board as of July 31, 2007.
BACKGROUND
Chapter 163, Part III, Florida Statutes, also known as the
"Community Redevelopment Act of 1969" (Act),
authorizes the creation of a redevelopment agency for
the purpose of redeveloping slums and blighted areas
that ate injurious to the public health, safety, morals, or
welfare of the residents of the State. This Chapter
KEI'OR'f Nc. 2008-030
fmdler provides for addJtlOlL:> It.'\!!1t'lll<:llb. l1ldUc1lJll.
but not limited to, the maniwr 1~' \'.'I'.Fll sucn an 2gen< ','
may be established, the pow.tot' ;;;C' agency, and tlH
funding of the agency, It remllrn 111::0 "stablishmem of "
redevelopment trust fund ann rf'S'r1U, the use of tho"
funds to redevelopment ?CfIVlil
Pursuant to the Act, the (ni' vi L)avt~,m liec"h (C 1t'l;
requeskd that the Volusia Connty board (,f (:OUlll'
Commissioners (County) delegate to th" City tl1e nghl
and authority to exercise The powe! ,', 'teate
community redevelopment agency Upr'n I '0!l111,
approval, the City Com.mission arlopted Resolution <3 i
415, dated December 16, 1981, creating the Daytof1;1
BeKh Community Redevelopment Agency (CRA). '1h"
Resolution also provided for the City Commission tu I".
the Community Redevelopment Agency
The Act requires the establishment of a eRA P13n wd
requires approval of the Plan by the eRA's governing
body and each taxing authority. Funding for tJle CRA to.
accomplished through tax increment revenues provided
oy each taxing authority, and expenditures of the eRA
must be made in accordance with the approved CR t\
Plan,
The CRA has designated five areas ,,~thin its boundar1es,
specifically, Main Street, Downtown, Ballough Road,
Midtown (formerly Westside), and South Atlant1c
Separate accounting of revenues and expenditures an
maintained for each of the five CRA areas, A total of
four separate eRA Plans were prepared as follows:
the Main Street Redevelopment Area Plan (last amended
in 2000), (2) the Downtown-Ballough ROll('
Redevelopment Ai'ea Plan (last amended in 2002), C\)
the Mldtown Redevelopment Area Plan (last amended In
2004), and (4) the South Atlantic Redevelopment Are8
Plan (created in 2001). Further, three advisory board,
were established as follows: (1) for the Main Street 311(1
South Atlantic areas, (2) for the Downtown-Ballough
Road areas, and (3) for the lvf.idtown area.
Section 163.356(3)(c), Florida Statutes, authorizes a eRr
to employ an executive director, technical experts, ?'lc1tother such agents and employees, permanent ano
temporary, as it requires. Although the CRA i~
separate legal entity, thf' functions and activities of lh,
Page 2 of 31
NOVEMBER 200~
REpORT No. 2008-036
CRA are genel-ally eamed out by the Redevelopment
Se1:Vices Depattment of the City of Daytona Beach.
which reports to the City Manager (see organizational
chart as Appendix A). The positions of redevelopment
diJ:ector. redevelopment technician. two project
managers. and an office specialist comprise the
Redevelopment Services Department of the City and are
fully funded by the CRA. Salaries of other City
employees that perform CRA functions and activities on
a less-than-full-time basis ate prorated and partially paid
from CRA funds. Although not formally adopted by the
CRA Board. the CRA follows City policies and
procedures (see finding No. 6).
FINDIlI1GS AND RECOMMENDATIONS
Management of the CRA
-~ LI1.~";l:,".GI4-i~
Section 163.387(1)(a). Florida Statutes. requires funds
allocated to. and deposited in. the CRA trust fund to be
used to finance or refinance community redevelopment.
<<Redevelopment" is defined in Section 163.340(9),
Florida Statutes, as undertakings, activities, or projects in
a community redevelopment area for the elimination and
prevention of the development or spread of slums and
blight; or for the reduction or prevention of crime; or
for the provision of affordable housing, and may include
slum clearance and redevelopment in a community
redevelopment areaj or rehabilitation and revitalization
of coastal resort and tourist areas that are deteriorating
and economically distressed. Section 163.387(6), Florida
Statutes, provides that moneys in the CRA trust fund
may be expended for undertakings of the CRA as
described in the CRA Phn, including, but not limited to:
> Administrative and overhead expenses necessary or
incidental to the implementation of the CRA Plan.
> Expenses of redevelopment planning, surveys, and
financial analysis.
> Acquisition costs of teal property in the
redevelopment area.
> Clearance and preparatio1'. costs of the
redevelopment llIea fOl redeveiapment and
relocation of site occupanti
> Repayment of principal and interest or any
redemption premium far any form of indebtedness.
> Expenses incidental to, or connected with, the
issuance, sale, redemption, retirement or purchase of
any fonn of indebtedness, including funding
accounts provided for in related ordinances or
resolutions authorizing the indebtedness.
> Costs for the development of affordable housing
within the community redevelopment area.
> Costs for the development of community policing
innovations.
Furthermore, Sections 163.370(3)(a) through (c). Florida
Statutes. set forth the prohibited uses of CRA funds.
which includes general government operating expenses
wuelated to the planning and cauying out of a CRA
plan.
Promotional EJq;1enditures. During the audit period,
the CRA expended moneys from the CRA uust fund fOJ:
promotional expenses, such as payments to the
promoters of Bike Weeks, Beach Street Barbeque
Festival, Bill McCoy Rum Festival, Lalo Kaona Festival,
Bayou Boil, and Martini Walk. Amounts expended on
promotional activities during the audit period are shown
in Table 1.
TABLE 1
CRA Expendit!.lfes for
Promotional Activities
CRA A1:ea .Amount
Main Stteet $ 83,439
Downtown 285,317
Ballough Road 0
Midtown 1,445
South Atlantic 0
Total $307,201
Page 3 of 31
NOVEMBER 2007
The South Atlantic and Downtown-Ballough Road CRr)
Plans specifically prohibit the use of tax increment
revenues for promotional expenditures. Althollgll
related to objectives set forth in the Main Street ClUj
Plans, these promotional expenditures do not appear to
qualify as "redevelopment" as defined in Sectlon
163.340, Florida Statutes, or satisfy the purposes
authorized by Section 163.387(6), Florida Statutes.
&..----...~._ . u~4. As noted above, certain
expenditures, including community policing innovatiom,
are authorized if tirey are described in the CRA Plan
Although none of tile CRA Plans contained community
policing innovations, we noted expenditures for the
purchase of police vehicles and operating expenses that
were recorded in tile 11'1ain Street and Downtown CRA
area accOlUlts Police vehicles \vere acquired with CRA
nmds in October 2004 (.five vehicles totaling $98,055)
and March 2007 (four vehicles totaling $74,468) J n
response to OUI: inquliy regarding the authority to
purchase pollee vehicles with eRA funds, the Finance
Director stated that the vehicles purchased in 2004 were
intended for regular City patrols, but were charged to the
Main Street CRA. area account in error. The Finance
Director also stated that five police vehicles (totaling
$99,530) pUlchased with general fund moneys in 2002
had been used extensively in the redevelopment areas
when they were placed in service during January and
February 2004 The Finance Director further indicated
that a cost adjustment would be made to both the CRA
trust nUld and the general fund for the differences 1n
vehicle costs for the 2002 and 2004 purchases,
During the 2004-05 fiscal year, $295,861 was paid for
police operating expenditures from the Main Street CRA
area account; and for the period October 1, 2006,
through March 31, 2007, police operating expenditures
of approximately S170,380 and $211,954 were paid from
the Downtown and the Main Street CRA area accounts,
respectively.
Absent the CRA's Plan including community policing
innovations, and the need for the vehicles to implement
those innovations, the vehicle put<:bues and the police-
related operating expenditures do not appear to be
authorized pw:suant to Section 163.387(6), Florida
Statutes.
REPORT No. 2008-036
Other OuestiOIled Expenditures. The CRA expended
:::'97.69:1 fOJ: lobbying services, S82,909 for ele.ctric bills
ro' Sl1eet l1ghts, $3,208 for food and beverages; $2,2'1",
mi general operating expenses (dues, board membe,
tours, City employee training); and other elCpenditure,
totaling $3,178 that the eRA was unable to justify a
~ppropriate uses of eRA. funds. These expenditures do
llOt appear to qualify as "J'edevelopment" as defined 11\
Section 163.340(9), Flo11da Statutes, or s:ttisfy Ul<
pmposes authorized by Section 163.387(6), Florid"
Statutes Further, general govemruent operatlllg
expenses unrelated to the planning and carrying out of i
U0\ phn a1'. specitically prohibited by Section
I 63.370(3)(c), Florida Statutes Va1ious otlw
expenditmes we reviewed tllat did not appear to L<
CitilCI' for pmposes of redevelopment 01' included in lb.
ClU\ Plans are discussed in sllbsequent Endings (Sf:,
finding No~. 9, 11, and 16)
Recommendatiou: The CRA should reques\
reimbursement ftom the City for CRA funds that
were either not authorized by Chapter 163, P~.rt nl,
Florida Statutes, or not in accordance with CRA
Plans. III addition, procedures should be adopted
(0 erlsure that CRA trust fuud expeuditul:es ate
autho11zed pursmmt to Chapter 163, Part III, Florida
Statutes, and CR..\,. Plalls,
FoUow..u!> to Management Response
In his l'esponse, the Redevelopment Director str:ted
that it is the CRA's understtwding thF.t eRA funo
eApendifures discussed in the finding were
budgeted Elnd used for CRA purposes it1l1ccordaIlce
with State law and local plans a.nd that applicable
statutes provide that CRAs ma.ke eApelulitures (0
further the goals of adopted redevelopment plans.
He also Blated that it is the CRA's understanding
that the llse ofredevelopment funds for promotional
expenditures ate aHowa.ble if they are consisteIlt
with the poh'cies of a eRA plan a.nd quoted poh'cies
from the DOW11town/BaUough Roed CRA pllln thet
"encoura.ge" or "support" development, promotion,
and improvements in the redevelopment area.
Local governments that haye not been afforded
home rule powers, G/Ich as community
redevelopment RgendesJ possess only those powers
specificaUy grRnted in law. Therefore, the CRA
must demonstrate specific authority in law to incur
expenditures
Page 4 of31
NOVEMBER 200'/
REpORT No. 2008-036
The Redevelopment Director hss not identified /lny
specific legal authority for promotionsl
expenditureB from funds restricted to
redevelopment. While we agree Mst CRA
expenditures sce required to be in IlCCOrdllllce with
redevelopmellt plalls, such eApenditures are Umited
to redevelopment activities (IlS defined by law), alld
genel'81 government opersting expellses uncelsted
to plamJng and carrying out redevelopment plans
are specificllUy problbited by law. Therefore, the
CRA could not Jegltimize the use of CRA moneys
for promotional expenditures through inclusion of
sllch expenditures ill its CRA plan or ill its budget.
Fill~ No.2: ConteI;1ts of CRA Plans
Section 163.362, Florida Statutes, provides requirements
for the contents of community redevelopment plans
(CRA plans). However, the requirements regarding the
contents of eRA plans va!:}' widely depending on when a
CRA approved and adopted its CRA Plan. Pursuant to
Chapter 84-356, Laws of Florida, CRAs created after
June 25, 1984, are required to pJ:Ovide detailed CRA
plans, including the projects that will be undertaken, the
financing of dlose projects, and time frames. Since the
Daytona Beach CRA was created in 1981, and had an
approved and adopted CRA plan as of June 25,1984, it
is not ,required to provide the level of detail required of
newer CRAs. The Daytona Beach CRA Plans present
val-ying degrees of specificity as to what projects will be
accomplished in the CRA redevelopment effort within a
designated area. Most contain some general objectives
that are vague regarding the method of accomplishment
and very few specific ptojects. with long range
accomplishment dates (e.g., within the next 10 years).
In response to several of our inquiries regarding the
statuto!:}' authority or inclusion in the CRA Plans for
various expenditures, the CRA indicated that it was not
required by the Community Redevelopment Act to be
specific in its CRA Plans as to the. projects it will
undertake or how CRA moneys will be spent. The eRA
stated that the Act "confers upon the City broad
authority to take various actions that 'are necessary or
convenient' to carry out the Act's objectives."
In response to our request for the reference in the CRA
Plans providing for community policing innovations to
support expenditures fot the acquisition of police cars
and operating expenses (see discussion in finding No. I),
the Redevelopment DiIectoI indicated that the Main
Street CRA Plan contains an objective for "the
stimulation and attraction of private investment in the
redevelopment area" and that "the Plan identifies the
high incidence of personal and property crimes, drugs,
and prostitution as factors that discoUl-age private
investment." The Redevelopment Director also
indicated sinillar justifications regarding the Downtown-
Ballough Road CRA Plan.
While the Act does not require the specificity of project
details for those CRAs created before 1984, the CRA is
bound by Section 163.387(6), Florida Statutes, which
requires any expenditures from the CRA hust fund to be
in accordance with that which is desc1'ibed in the CRA
Plans. Therefore, CRA Plans should describe in
sufficient detail the intended projects and expenditures.
As a result of insufficient descriptions in the CRA Plans
regarding the specific projects contemplated to
accomplish redevelopment in the CRA Rreas, we
determined that several expenditures did not appear to
be authorized in the CRA Plans, as noted in finding No.
1.
Recommendation: The CRA should revise its
eRA Plans to illclude sufficient detail to
demonstrate that expendituJ:es of CRA funds are in
accordance with Section 163.387(6), Florida
Statutes. Such details would also serve to provide
additional infotmation to the taxing autholities
requited to contribute to the CRA and the public as
to the intentions of the CRA and how it will
accomplish its redevelopment objectives.
Finding No.3: Appointment Of CRA Chair and
Vice Chair
Section 163.356(3)(c), Florida Statutes, provides that the
governing body of the municipality shall designate a
CRA Chait and Vice Chair from among the
conunissioners. In Attorney General Opinion No. 91-
49, the Florida Attorney General sta.ted, "1 find no
provision in Part III, Chapter 163, F.S., \vhich authorizes
or otherwise empowers the automatic assumption of the
chainnanship by the mayor." The opinion further
provided "that the city commission must designate the
Page 5 of31
NOVEMBER 2007
REpORT No, ZOOS.v',
~ment-.of. EXDlanation .Reaardina 22 Preliminary Findinag
8ubmittedto the St~te of Florida Auditor General's Office on November 8, 2007
Prepared by RE'!ed ~~rger, Re.dE'!veI9pm~nt Director, City of Daytona Beac;
on behalf of the Daytona Beach Community Redeveibpment Agenr'
)finding No.1: We I1pted several expejjditures that Were eithe.. not authorized by
Chapter l(j:i, Pflrt III, Florida StAtutes, 01' /lot hi accordance with eRA
Plans.
Overall, it is our understanding that eRA ftmd expenditures identified by tile
AU,ditQl' GeneJ'!:ll as "Itot authoi'ized by Chaptel' 163, PaN II!, Fldl'ida Statutes,
01' Hot in (u;cor{l(ll'lce with eM Plans" Were budg~t'ed and used for eRA
p1,ll'pose~ in accordance with State. law lJlld loc~l plans. We note tbat
appHeable Stafiite$ governing U$e of eRA funds (Chapter 163, Parl HI
"Cortiinunity Redevelopment Act of 1969") provides that the eRA make
expenditures that further the goals of the adopted Redevelopment Plans. To
tha,t !l1l4 the eRA reHes I;lpon !be adopted Redeveiopment pian ilrtd annual
appn>ved ')U~g~t for the conCu~en9l:l and authority to m~ke. ~xp.e.r1ditU7':e$ tbat
fitrther the goais of the Plan. We also note tJlf~t the ].lse of eRA fu.nds hltended
to cai1,y O(lt the goals ofa Redl?,,619Pmenl Plauj inciudins experi4i~r(}~ for
operatlhg expenses r~lated tathe planning and canying out. ofa eRA plan. are
ailowabie ~Xpense$ 1)1 the absenQe of statlltory language setting forth specific
prohibttions to ~he contrary.
An itnportant principII? applied to eRA fund expenditures is tbat the eRA
monIes not be a suhstitute for traditional general ftlild expendlture~, but nither
be used for l/enh8,nc~dli or exttaQrdinary 6!?etati'ng eX'pe1fs~S e;nd capital
prqjects .nec~l1sarY to c~mr out tlw goals of the eRA. R.edevelopment Plan,
To that ~u.d the C.llA l.l11qerwrites the cost:; to bu.ild and mF\il)t1\in atreet~cape
beautification). parks, and other pub:lic amenities together with a,dditional
support'servlces and equillinent necessary to operate and mauitam the
improvements. We believe Section 163.370(2)~ Florida Statutes supports
expenditures of eRA funds including the promotion of special events,
hwreased and concen.tra.ted police an~ ~pde enfQr~IIlentJ and other costs
directly associated with public improvements increased maintenaJlce funded
by the CRA "neces~ary or convenielzt to carry out attd effectuate tlte
purposes and provisio1ls" ofredevelopment.
PromotioualliixueuditUl'es - The Auditor Gen..~tal state~ that tl;1e
DbwntownJa'allough RQad R~develppmept Plan prohibits th~ us.e of eRA
funds related to project fmancing. The report does nQt state that this
prohibition ~ppiies only in the context of a eRA policy regarding the
fmancing of ~'prlvate services and commis$lons". This effect of the
. Slate(l1el,lt of Explanalio[l Regar<!lng 22 Prlllimlnary Flnding~
Submitted to the Stale of Floflda Audfior Gansrers 01flee cn l>lov~O'iber a. 2007
Pa'ga 1019
Page 23 of 31
NOVEMBER 2007
REpORT No. 2008-03c
. . prohibition. is that, the eRA should not use CRA funds to assist a. lieveloper
with marketing a project fin,an~e4 with eRA funds. ill contrast, the
Redeveloptnerit Plan contain~ the followillg Policies encouraging promotiona
expenditures,
Polley 5.4.4 ~courage the development of an Arts, O1lture and Recreati~n
Di$trlct- that takes advantage of'OOWl\t9wnll3ailpugh Road'~ ~qu~ rlverfroll[
setijng in order to creat~. ~ di~r~jJ.tl!l,t~ experienc~ that htwr-oves thl' areas
oompetitiven~s as ~ visitor q:.e$tt~atton.
Polihy Si4.~ Support efforts to update Dd\V.9.town.lBalloug\i Road Marketing
strategies it). o.rder to improve the coordination lifid cross promotion of all
existing/plamttd (lUlttln'lllW-d spQCial event ll,ttractions.
Policy $.4.6 Sl.lppotl th~ coordfup.ted <t~vel.op1}1~nt. pr9:rnouon, and ~t~e.d
op,eration of existIng and proposed ct1,ltural artd eduoatioI1al us~ intluding but
not li~ted tOl The Jao'de Robil).sQn gl~dium ~.1ld M~seuin; the Lively Arts
Elert:oima1'1M Center; .and the Manatee Island EtJ.virorirtteiltal Le.aming Genter.
P~liey 5.4. 7 SU~1iort current eff9rts to btand ap.d strengthe,n DoWptown I
aa.llpug4 :R.oild's pbsitioh ~~ a sl;1eGtllty dininglretltU diStrict with ~ spepfal
emphasis QD foo:d, enterl{linment and special eVents anchoring the experienoo.
T1}ereKore it is our undet$1a.nding that use of redevelop,ment funds for
promotional experidJtii'res are aiiowllble iflhey are ~n!listeht With. the polMes
of th~ eRA Rede'Vel(ijpment Plan. 1~ direc.t an4 jticJjrect investmcmt Into
c~rtai.n f.\I~~ resulting fro!U. such activity isJust Qne pfmany accepted
pletJ:,.0.9s Florida eQnimunities \lse to r~vitallze the~ redevelopment atea~,
.-D-. -.....-.&...................
We ~nGur 'With the State. A1idi\or's ~o1)cem tht\1 mor~ specific lnformati,on
would be;) helpful to ~eII.lonsttat~ hQW fundjng of a4ditiol)al yeh.tcles,
equipl'!'lel,lt and 1)1lpeation ofpolic~ Qfflcers in the ORA disb:iets ~ontributes to
the requction of crIme and is aPP'1i!<a~le to '-'innovaflve eqmmuni~ poItcJng",
To that end the eRA intends to draft an updated community policing program
that aceutately reflects the successful strategies empioyed by the new Police
Chief. It is irnp()ri~nt to t'1ot~ that the. expe,nditQr~ from eM funds for Police
operations w~re int.eJJQed to pe us~d for support over and above funds
~lQcated from the Oenerai Fun~. The additl.911111 expenditures for these
s~i~s in the res~ective C~. is ~~~~ to ~ddres8 t.be l!.~l}ceptrati?n of
cn1D.~ that contributes to the dismveslm~nt m thij eRA and dlSCOUtages new
investment. The ~nocatio.1\ of police res~urees to address crime within the
eRA districts has proven to be effective in the last year and additional
documentation will be provided to demonstrate the value of the -expenditures
f9r these additi(lna18ervi~.
Statement of ~Ianal\on Regard1n~ 22 Prl\llmlnary F.lndlngs
Submitted to the State of Fiorlda Auilllor G~..eisr$ office on t-loveoiber B. 2007
Page 2 of1l
Page 24 of 31
NOVEMBER 200'
REPURTNo.2008-036
p.lIDEoSED. eRA ACTION
The eRA w111 t~ueSt r~inibur$einent from the City for eRA funds that 11
th\d!i were 6ith~r not authorized by Chapter 163, Part UI, Florida Statutes, 01
not in accordance with eRA PI~ns. ht a4ditio!)l the eRA will establisl'
procedures as soon as practioal du$g the cijrrent fiscal year to ensure that
eRA trust fund expenditu.tes ate aQtlj.orized pursuant to Chapter 163, Fmi!II,
Florida Statiitesi and eRA Plans. The propoiied actions refei'eilCed under
Pinding No.2 are aiso intended to address this Fihdinf
Finding No; 2: CM :Plans were J!ut in s~ftl~i~qt. 4~taJl tp pr9viCJe fqf a d~termfnation
that eRA expe.ndjtures were In a'Ccord~~ce wttl:1 the Plans,
P.ROEOSED eRA ACTION
1Jle; C1.tA tiitei1~$ tl) devet~p '~ more detlj.il~d s.ttl;l,te~p rlX,1pl~ment~tion Plan
QVer the ~wxt fiscal Yt<.l'U' defligne4 to clarify. Jmd. I,lp~at.e the specific actions
requ!red to carry out th!3 go.aJs of1he Plan. Developmeht of the Strategio Plall
wJU include opportunities for residents, businesses, property owners and their
reSpective Advisory Boards in each eRA distriet to identity issues and
opp()rtumties to ca.tTY out th~ p1!W. Thl'.Qugh this J!,tlp1i<;: review proc~s th~
CRA may detfmnine th~t 6ne. 01' n1Qr~ of its Redevelopment Plll.11s should be
upqated, -
Finding No.3: Contrary to Section 163.356(3)(~, Florida -Statutes:, the City COrluuission
did not desito'aM a Chair and Vice Chalr o.f the CRA Board.
Find.ing t{o. 3 is b,a&~d 9n the A1,l~itor General's u.nderst(:lnqing that Section
16'3.356, Florida Statutes applies where a governing ~o4y c;lecllirel1 itselfto be
the community redevelQpment ag~ncy as authorlz~ in Section 163.357,
Florida Statutes. It has been the Cityls uud.erstanding that Se.C.tiM 163.356
does fi.Qt ~p:piy where, as in b.aytbn~ Beach, the goveming b04Y d~clar~s itself
to b~ the qOl'l'jm1Jnity r~development agency.
PROPOSED eRA ACTION
The City" Co~sioh \vi11 be requested to designate the eRA Chair aM Vice
ChaIr lis required by Section J6).$56(3)(c); Florlda StatutO,$.. Elnd dooument
such d~si~.atio.h J.n the m~fing minuteS of the g9vemiXJ,g b0ard as early as the
December 5, 2007 COllWlission Meeting.
Finding No.4: Gont....lll'y to Section Z~6.011(1), Florida Statutesl t.he l1leetfugs of. the eRA
Boat.d v{ere not always noticed.
J.>RO~OS~D.C~ ACTION
The City COIDml$si9n meetings that will iilc1ude eRA business discussions
will be properly noticed as both City Commission and eRA Board meetings
as early as the December 5, 2007 Comfuissitm Meeting.
Statement of Explanatlo~ Rel\lilrq1na 2~ Prel{minil.JY Findings
Submitted to th~ State of Flol'lda Audllor 6t1nerars Office on November 8, 2007
Psg" 3 ofB
Page 25 of 31
--. -
(.....
(""
HEART OF BOYNTON
COMMUNITY REDEVELOPMEI\JT PLAN
Strategjc Planning Groups Inc'..
Economics. Planning. Economic Development
P.O. Box 550590 Jacksonvlllo, FL 32255.0Sg0
Phone (800) 213- PLAN Fax (904) 731.3006
(....
In association with
RMPK Group
JEG Associates
The Heart of Boynton Redevelopment Master Pial
f Address image and by improving the phvsical appearance of the
community
Intensify law enforcement and code enforcement efforts
f Reduce or eliminate loitering in front of local businesses
( Work to minimize involuntary displacement of current residents during
redevelopment process
t Increase quality and affordability of housing
Address nuisance businesses
Unemployment is a major community problem
c There is a need for additional neighborhood serving businesses
'" Redevelopment plans should maximize area location advantages
'" Residential areas should be pedestrian oriented
There Is a need for additional recreation facilities and activities for
children
Community Stakeho/c/er Intetvlew$
Consultants interviewed key community stakeholders to obtain input regarding:
~ Neighborhood Boundaries
( Community Leadership and Key Stakeholder Identification
.. Community Outreach Strategies
I Community Strengths, Concerns, and Expectations
Major Property Owners & Potential Development Partners
Comments I Responses
St. Johns CDC:
( Church Annex construction to be completed by late summer.
CDC focus is on support services for MLK residents. Annex can serve
as service center (approximately haff of 32 offices to be utilized for child
care operation)
Boynton Beach Faith Based CDC:
( Would like to develop additional affordable housing in area
Strategic Planning Group, Inc.
1 (800) 213.PLAN
Page 23
The Heart of Boynton Redevelopment Master Plan
" Strong partnerships with COCs and private development partners are
critical.
e The establishment of clear neighborhood boundaries would facilitate
community building efforts.
Crime & Safety:
· "Real and perceived" crime problems in the MLK District will have to be
addressed..
· Loitering around the EZ Mart and Robert's Diner contribute to negative
Image and actual criminal actMty.
· Bullet resistant street light shields have had a positive impact in Cherry
Hills.
· Public Housing units and apartment building are where most criminal
activity appears to be concentrated.
· Boynton Terrace is also a major problem from a law enforcement
perspective.
Zoning & Land Uses:
· Zoning overlays may provide a more practical solution in the MLK area
than rezoning.
e Existing land use documentation is currently not available.
e A windshield tour was conducted to evaluate current land uses.
Code Enforcement:
· Current polley is complaint driven response, but department Is open to
reviewing other enforcement options
e Staffing is an Issue. relative to enforcement activity
e Trash on vacant lots and illegal dumping is a major problem
· Civil citations issued to offenders are used to curtail dumping and offer
immediate enforcement options, other than liens
· Lot size limitations and permitting constraints limit Infill development
opportunities.
Kickoff Workshop
A Community Kickoff Meeting was held to announce the planning initiative, review the
planning process, and obtain community input regarding community issues and
concerns. Stakeholders were asked to describe their current impressions of the
neighborhood (i.e., what they valued and, what they would like to change).
This step allowed community stakeholders an opportunity to Introduce themselves, and
become acquainted with other workshop participants. More importantly, this exercise
provided an up-front opportunity for community stakeholders to vent their feelings,
Strategic Planning Group, Inc.
1 (800) 213-PLAN
Page 25
The Heart of Boynton Redevelopment Master Plan
........-.'..i" _~'~ ;r.-.,...~ =:.;;
regarding the Issues, concerns or complaints that were foremost on their mine! INn! .
also directing their attention to tne things that are good about their neighborhoo'
The outcome of the Kickoff session was a list of things that community staKeholoe'
valued about the neighborhood and a list of issues of concern,
The following page highlights the findings of the Kickoff Workshop held at St .JOt II
Church,
TOP STRENGTHS OF STUDY AREA:
{Order listed does not reflect prIory of concern}
Location
Community cohesion
Size
Diversity
Community loyalty
Short blocks
Developable property
Infrastructure in place
Residents care about children
Pedestrian oriented
Long-term residents
Sense of community
Close knit families
Community gardens
r Wilson Center
Affordable housing
Canal
Potential for development
Schools
, Home owners
Market potential
, Sense of "home"
< Rich history
, Places of worship
Boynton Blvd., US 1, and Ocean Ave.
improvements
Political voting block
MAJOR PROBLEMS IN STUDY AREA:
{Order of list does not reflect priory of concerns}
appearance (reinforces Image of
unsafe place)
lax code enforcement
crime (drugs, gambling)
o loitering (quick shops)
"hood perception"
lack of commercial activity
poorly maintained properties
lack of affordable housing
~ poor access to health services
lack of community responsibility
(civic participation)
lax law enforcement
Insufficient parking
traffic on Seacrest Blvd.
poor access to services
neglected regarding public resources
deteriorating housing stock
inflated property values (speculation)
fragmentation (lack of community cohesion)
negative attitudes
absentee landlords
poor landscaping
Cherry Hills (physical conditions/crime)
Boynton Terrace (physical conditions/crime)
l EZ Mart, Johnsons, Cherry Hills store
(loitering/drug dealing)
Strategic Planning Group, Inc.
1 (800) 213-PLAN
Page 26
The Heart of Boynton Redevelopment Master Plar
DESIRED OUTCOMES:
{Order of list does not reflect priory of concerns}
Physical improvements In a unified vision
Boynton Terrace . pedestrian oriented neighborhoods with
. additional sidewalks mixed-use development
Improved . diversification of Incomes
landscaping/streetscaplng additional neighborhood selVlng businesses
. additional/lmproved recreation c. grocery store
facilities eliminate nuisance properties
,. accessible health care . farmers market
affordable housing (slngle/multl- expand Head Start facilities
family) . economic growth
,. reduced crime . additional job opportunities
. mixed use development improved appearance
public land acquisition to (. redevelop vacant properties
facilitate redevelopment improved services
follow through on
plans/recommendatlons
TOP STRENGTHS OF STUDY AREA:
{Order listed does not reflect priority of esset}
. diversity beach access
. location ,. culture
. law enforcement . community spirit
e home (.sense of place") ( Individual opportunities
. lot of life-long residents (deep small town atmosphere
roots) . family ties
. residents love the area . committed City leaders/staff
potential for redevelopment sense of community
. decent people ,. good people
faith Institutions . rich heritage
schools parks and facilities
. community forum
Strategic Planning Group, Inc.
1 (800) 213-PLAN
Page 27
The Heart of Boynton Redevelopment Master Plan
"."._~~
MAJOR AREAS OF CONCERN:
{Order listed does not ref/ect priority of concern
c insufficient parking
c inadequate sidewalks
f inadequate street lights
( drugs and related crimes
I' lack of neighborhood serving
businesses
€' loitering
illegal dumping
noise/profanity
litter
traffic on Seacrest Blvd.
negative image
appearance
c need for curfews
lax law enforcement
lack of civic involvemeE
inadequate recreation facililles an
activities
poor property maintenanCt
poor landscaping
neglected relative to public resources
inadequate health and social services
not enough safe places for kids to go
extensive vacant lots
unclear neighborhood boundaries
inadequate signs and gateways
lost history (pictures/structures
absentee landlords
distrust of law enforcement
Ncigl1lJOf flOOd Livability ~/orAshop
The Team conducted a Livability Workshop with community stakeholders designed to: 1)
develop community consensus on livability standards; 2) assess how well the community is
currently performing, relative to those standards; and, 3) set clear community priorities and
focus stakeholder input on issues that are critical to enhancing community livability. This
workshop engaged neighborhood stakeholders in a series of exercises and dialogue
sessions designed to develop a collective "community vision" and to identify the essential
ingredients needed to strengthen and preserve their neighborhood as a healthy, livable
community consistent with the collective vision. The workshop was intended to quickly set
clear community priorities and focus citizen input on those issues and concerns that they
identified as being critical to the improved livability of their community. Those community
priorities became the foundation for the community redevelopment plan.
Neighborhood Livability Standards:
The facilitator reviewed a list of Livable Neighborhoods indicators with stakeholders and
obtained consensus within the group to utilize the indicators as guiding standards for
assessing neighborhood livability.
Strategic Planning Group, Inc.
1 (800) 213.PLAN
Page 28
The Heart of Boynton Redevelopment Master Plan
Assessing Current Neighborhood Performance:
This step was intended to identify and confirm what participants saw as the critical
. ingredients of a truly healthy and livable neighborhood - what social, economic and
physical elements were critical to ensuring that their neighborhood Is one where residents
and visitors can safely and productively enjoy everyday life. Residents graded the study
area according to how well they thought It was performing according to each of the priority
essential ingredients; the scores helped to Identify significant "livability gaps" In the
community that can be focal points for future action planning and resource mobilization.
Setting Priorities:
This step provided an opportunity for community stakeholders to offer Ideas and solutions
to address neighborhood livability gaps (i.e., to raise the grades on each of the standards to
an acceptable level). It was utilized to define and prioritize essential Ingredients for
neighborhood improvement; this provided the framework for developing action plan
recommendations in the next phase of the planning process.
The following summarizes the Livability Workshop (Charrette) Findings:
Neighborhood essentia/lngredlent deficIencies Identified by community
stakeholders
Public Safety
Neighbors watch out for each other & enjoy a sense of security within their homes & neighborhood.
ESSENTIAL INGREDIENTS:
1. Increased Law Enforcement
a. Illegal Drug Trafficking & Use
b. Loitering
c. Speeding/Trafflc Violations
2. Code Enforcement
a. Illegal Dumping
b. Vacant Buildings
3. Increased Community Involvement
a. Neighborhood Watch
Strategic Planning Group, Inc.
1 (800) 213-PLAN
Page 29
The Heart of Boynton Redevelopment Master Pial
4. Infrastructure Improvements
a. Street Lights
b. Traffic Calming Devices
c. Traffic Signal at SeacresVM.L.K. Intersectlo'
5. Improved Sanitation Services
a. Garbage Collectlon
b. Removal of debris from vacant lots
Neighborhood~Serving Businesses
Nearby businesses offer local jobs along with products & services for everyday life
ESSENTIAL INGREDIENTS:
1. Medical Care Facility
2. Grocery Store
3. Professional Offices
4. Gas Station
5. Restaurants, Pharmacy, Dry Cleaners, Discount Shop
Pride Of Place & Property
Residents & property owners Invest time & money towards maintaining & enhancing their homes &
neighborhood.
ESSENTIAL INGREDIENTS:
1. Increased Code Enforcement
a. Community Appearance Code
2. Improved maintenance of rental properties
3. Increased home ownership
4. Neighborhood Association
5. Gateways & Landscaping
Parks & Open Space
Ample parks & open space are accessible to resIdents for recreation & celebration.
ESSENTIAL INGREDIENTS:
1. After School Programs
2. Park Improvements
a. Pavilions
b. Restrooms
Strategic Planning Group, Inc.
1 (800) 213-PLAN
Page 30
The Heart of Boynton Redevelopment Master Plan
c. Playgrounds
3. Year Round Pool Access
4. Improved Security
a. CurfewslPatrols/LIghting
5. Organized Sports Programs
Neighborhood-Oriented Schools
Quality public schools are physically & socially connected to the neighborhood & nearby civic
facilities.
ESSENTIAL INGREDIENTS:
1. Use facilities for other programs
2. Consider Charter School
Pedestrian & Bicycle Connections
A network of walkways & bfcycfe routes provides residents with safe alternatives to auto travel.
ESSENTIAL INGREDIENTS:
1. Additional Sidewalks
2. Increased law Enforcement
3. Street Lights
4. Shade Trees
5. Bike Paths
Accommodations for Automobiles
Public & private parking facilities ensure a place for cars & cars in thefr place.
ESSENTIAL INGREDIENTS:
1. Improved Parking
a. N.E. 1211.., 13lh Streets
b. N.W. 611I Avenue
c. Wilson Center
2. Traffic/Speeding
a. Seacrest
3. Eliminate abandoned cars
Strategic Planning Group, Inc.
1 (800) 213-PLAN
Page 31
The Heart of Boynton Redevelopment Master Pii'1l
Civic & Spiritual Institutions
Nearby civic facilities & spiritual centers afrer residents community services & worship opportunit/6
ESSENTIAL INGREDIENTS
1. Increase faith community involvemer
2. Improve existing facilitieE
a. Wilson Center Com pie;
3. Develop civic meetlnglgathering spacf
4. Provide additional academic program::
Infill Development Activity
Intil/ development & redevelopment offers new commerce & housing options that enhance
neighborhood character.
ESSENTIAL INGREDIENTS:
1. Review & update zoning ordinances
2. Develop vacant lots
3. Rehabilitate or eliminate vacant structures
Mass Transit
Nearby transit services provide residents with alternative travel options & reduce automobile traffic.
ESSENTIAL INGREDIENTS:
1. Bus Shelters
2. Increased awareness of available services
Major Actions needed Include:
An important part of the Livability Workshop is to get the Stakeholders to rank the relative
condition of their community. A survey was given to the participants and later analyzed by
the Consultant Team. The findings of this self assessment are show on the following page.
Strategic Planning Group, Inc.
1 (800) 213.PLAN
Page 32
I
I
.
.
a
~
.
.
.
.
.
.
>>
.
It
gS
Boynton Beach Downtown Master Plan
Phase 1: 1-2yrs
Phase 2: 2-4 ~
~a:.,..5
5 Year Action Plan*
"~.! - - 'eon&
" Tot3' Pro;cct Rc <;tJCd~lb Ot'~ml'nf!'ndcd ROW Plnn,,:
" CO.I' Pa~t " p SO~lrcc!. Rcq...:lred") Re ulrt
EcolleMIc '.~':',' "
"'-....*. .. ".
EcOnomlc Fac1llato land essembly bolWocn roIovant ~ 0WI10Il0 for specUIc projoc\s 10 SlaffHouB BoynIon 8e8ch CRA Operallng
EO-l 0n0llIn0 LsIld AssemblY AssIstance """""""'enl Where IlIlhe most emenlalion S\reteoV. Month'" CRA Funds No No
DevoIop a I'lldlMlIopmont pmgrom for the rolocoIlon on ClIy H:lIIlo the CIvIo C;Impus.
I~PUS ODWlopmont E~t 1/le devolopment 01 a cMe plaza. and 1ho l'DP\lf'P08/nll of slgnl!lelmt s\tueturos Including 112 time proJect BoynIon Beach
EO-2 1 OlIVe I \he old Hkih SeI100I WlI1eh will eonlrtbu1e to Ille CIvI~c;.;;;.... man";'or CRA Yes Yes
EoonomIc Banlt 01 AIno1lea and FIrst FInancial Center PrlOOty redevelopment sRos with \l8ckagod 1/2 time project Boynton Boach
ED-3 1 TOO 01_ Assembly DovoIopmont fllCO!\llVeS. manllgllr CRA YOl: Yes
Explore fBlllllbI1lty of establishIng Economic Undergo an Enllal'prise Zona flllllllllllily study 10 detonnlne If Boynlon Besell moe\s Iho BoynIon BOaeh CRA Operating
ED-4 2 an Entorpriso Zone Development stale requlromonts for EnlClfpll:o Zonoe. 80 staff hours CRA Funds No No
CRA Operating
~ BrownlleId ArealSlle Economic The P"'I1Tllm allows tho Clly of 9oyn\tln Ileatb 10 access" range of funding sources to Boynton Beach Funds
EO-5 2 nation program Development help romecIloIoIl:In up s1lCls within the project arna. 160 staff hour CRA for sl8l! time ~o_ No
'-~~'
PoRcy
PmvIdo mar1<ol-baocd denslty bonuses 10 encourago tho constnJc:tlon of mlxod-lncome.
a1fonlallle housing and Ihe ded'_ oftonlage easemenlS. Program may noodlo be 200 siaff hours Boynton BOaeh CRA Operallng
p., 1 Density Bonuses Ro<ICl'I<lIopmenI rovl6wod and nllIned rogularty to """Iua!ll~ sultlblllty. CRA Funds No No
Green BUilding Delennll1G applIlpltalG pGd<agG of grcon bulidlng Incentives and fund. Target priortty Boynlen BollCh CRA Operating
P-2 1 GIeen Buidlng 1l\Clllll1ves Policy 1'fldQwlopmeAl..... 60 sIDff hours eRA Funds No No
As lhllSTOa d<NeIops ~gn a cemmunily poI1cIng slr.!legy...<<h petrol! dodlcalod to 1he
MLK & SetIC7eSI node and Oeaen A_ link from IIle Marioa to lho CMc Campus wlth
:5 fecUs en CllI1lIAllfC1aI pn:IperIIes -.n tho study area. CRA dolI8rs can belJsed to fund
enhllnced peIlco -. The dGIgna\8d part .,r the peIIoo force should have regular CRA Oporllting
P-3 3 PublIc Safetv menI1Iy Il10IlIInpwllh IRQ ~.. and _\dQnts. 250.000 annually Cily/CRA Funds No No
HlslDl1c Slructure lnvonl<>N To the - posdlIe IdenIlfy sIgnlflcant sIruclures wllhIn the ~ ..rea that are Boyl1\on Beach CRA 0peralIng
P-4 1 R C3IIdklaIes for and 20 hours CRA Funds No No
age
Bright, USe
From: Bright. LIS;
Sent: Thursday, July 12, 2007 11 :04 AM
To: Taylor, Jerry; 'jreguez@aol.com'; McCray, Mack; McKoy, Carl; Weiland. Rona:
Cc: Harris. Susar
Subject: FW: Police Department Budget Request
Dear Board,
We received a request to fund a eRA Police Budget for 2007 in the amount of $604,243. In order to prepare
appropriately, would each of you please respond and let me know if this Is something you would like staff to
include in the Budget?
We will discuss details at our first meeting in August.
Lisa
From: Harris, Susan
Sent: Thursday, July 12, 2007 10:57 AM
To: Bright, Usa
Subject: Police Department Budget Request
Lisa,
As requested, I contacted Suzanne Gitto regarding your June 13th meeting with Sergeant
Gitto, Major Briganti, and Lieutenant Harris. Sergeant Gitto indicated that Chief Immler
requested they meet with you regarding the Police Weed & Seed Program to see if there was
any interest in the eRA funding this in FY2007/2008 budget. The request is for 4 police
officers and one Sergeant at a total all in cost of $604,243.
Please advise.
Susan
Susan Harris
Interim Finance Director
Boynton Beach eRA
915 South Federal Highway
Boynton Beach, FL 33435
Tel: 561-737-3256fFax: .561-737-3258
Email: harrlssu@cl.boynton-beach.fl.us
07/31/2007
Page 1 of2
Bright, Lisa
From: Bright, Usa
Sent: Thursday, July 12, 2007 2:43 PlV
To: Immler, Matt
.SubJect: RE: Police Department Budget Request
That's what 1 needed thanks.
From: Immler, Matt
Sent: Thursday, July 12, 2007 12:50 PM
To: Bright, L1saj Harris, Kelly
Ce: Gitto, Suzannej Harris, Susan
Subject: RE: Pollee Department Budget Request
Lisa - the personnel request represents an increase In the police department authorized strength which is
currently funded at 159. There was no Increase in manpower requested in the proposed budget presented to the
commission.
The request to the eRA for manpower is to facilitate the Weed and Seed Grant which requires a commitment
from the police department over and above what we can currently provide.
Matt
G. Matthew Immler
Chief of Police
City of Boynton Beach
561-742-6101
immlenn@ci.boynton-beach.fl.us
From: Bright, Lisa
Sent: Thursday, July 12, 2007 12:35 PM
To: Harris, Kelly
Ce: Immler, Matt; Gitto, Suzanne; Harris, Susan
Subject: FW: Police Department Budget Request
Lt. Harris,
Help me answer this question correctly - so that we get our funding.
Lisa
From: jreguez@aol.com [mailto:jreguez@aol.com)
Sent: Thursday, July 12, 2007 11:21 AM
To: Bright, Lisaj Taylor, Jerryj McCray, Mack; McKoy, Carl; Weiland, Ronald
Ce: Harris, Susan
Subject: Re: Pollee Department Budget Request
I need to understand if this is incremental to what the city discussed this week at it's budget discussions
or these are FTE's t~at have already been included and the only difference is the funding?
Regards,
07/31/2007
Page I.
Bright, USe
From: Bright. USE
Sent: Monday, July 16, 20078:30 AM
To: 'jreguez@aol.com'
Cc: Taylor, Jerry; McCray, Mack; McKoy, Carl; Weiland, Ronald: Brooks Viviar
Subject: RE: Police Department Budget Request
Jose,
The personnel request represents an increase in the police department authorized strength which is currently at
159. There was no increase In manpower In the proposed budget presented to the City Commission.
The request for CRA funding is to support the Weed & Seed Grant which requires a commitment over and above
what we currently provide.
Lisa
From: jreguez@aol.com [mallto:jreguez@aol.com]
Sent: Thursday, July 12, 2007 11:21 AM
To: 'Brig~t, Lisa; Taylor, Jerry; McCray, Mack; McKoy, Carl; Weiland, Ronald
Cc: Harris, Susan
Subject: Re: Police Department Budget Request
I need to understand if this is incremental to what the city discussed this week at it's budget discussions
or these are FTE's that have already been included and the only difference is the funding?
Regards,
Jose
-----Original Messageu~~-
From: Bright, Lisa <BrightL@ci.boynton-beach.fl.us>
To: Taylor, Jen-y <faylorJ@ci.boynton-beach.fl.us>;jreguez@aol.com; McCray, Mack
<McCrayM@cLboynton-beach.fl.us>; McKoy, Carl <McKoyC@ci.boynton-beach.fl.us>; Weiland,
Ronald <W eilandR@ci.boynton-beach.fl.us>
Cc: Ranis, Susan <HanisSu@ci.boynton-beach.fl.us>
Sent: Thu, 12 Ju12007 11 :04 am
Subject: FW: Police Department Budget Request
Dear Board,
We received a request to fund a CRA Police Budget for 2007 in the amount of $604,243. In order to prepare
appropriately, would each of you please respond and let me know if this is something you would like staff to
include in the Budget?
We will discuss details at our first meeting in August.
Lisa
07/31/2007
Page 2 of2
Jose
-----Original Message-----
From: Bright, Lisa <BrightL@cLboynton-beach.fl.us>
To: Taylor, Jerry <TaylorJ@cLboynton-beach.fl.us>; jreguez@aol.com; McCray, Mack
<McCrayM@cj.boynton-beach.fl.us>; McKoy, Carl <McKoyC@ci.boynton-beach.fl.us>; Weiland,
Ronald <WeilandR@cLboynton-beach.fl.us>
Cc: Hanis, Susan <HarrisSu@cLboynton-beach.fl.us>
Sent: Thu, 12 Jul 2007 11 :04 am
Subject: FW: Police Depaltment Budget Request
Dear Board,
We received a request to fund a eRA Police Budget for 2007 in the amount of $604,243. In order to prepare
appropriately. would each of you please respond and let me know if this [s somethIng you would like staff to
Include In the Budget?
We will discuss details at our first meeting In August.
Usa
From: Harris, Susan
Sent: Thursday, July 12, 2007 10:57 AM
To: Bright/ Lisa
Subject: Police Department Budget Request
Lisa,
As requested, I contacted Suzanne Gitto regarding your June 13th meeting with Sergeant.
Gitto, Major Briganti, and Lieutenant Harris. Sergeant Gitto indicated that Chief Immler
requested they meet with you regarding the Pollee Weed & Seed Program to see if there was
any interest in the CRA funding this in FY2007/2008 budget. The request is for 4 police
officers and one Sergeant at a total all in cost of $604,243.
Please advise.
Susan
Susan Harris
Interim Finance Director
Boynton Beach eRA
915 South Federal Highway
Boynton Beach, FL 33435
Tel: 561.737.32561Fax: "561.737.3258
Emall: harrlssu~cl.boynton.beach.fl.us
<hr size=2 width="1 00%" align=center>
AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.
07/31/2007
Bright. Lisa
From: Brooks, Vivian
Sent: Tuesday, October 30, 2007 3:28 p~!
To: Harris, Kelly
Cc: Bright, Lisa; Danysh, Frank
Subject: RE: CRA Policing Plan
OK. However, it was my understanding from our meeting that you would be preparing a plan that would allow CRA funds to Of'
use for policing. Under SS 163.3 CRA funds can be used for" .. .the development and implementation of community policing
innovations". The purpose of asking you to develop a plan was to describe the community policing innovations that CRA funds
would be used for. Without a plan, It is Imperative that you or a representative attend the November 14th CRA Board meeting ami
be prepared to explain to tlie Board how the CRA funds will be used to create policing innovations. Call me if you have any
questions.
Vivian L. Brooks
Assistant Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
. Boynton Beach, FL 33435
561-737-3256
561-737-3258 FX
brooksvi@ci.boynton-beach.fl.us
From: Harris, Kelly
Sent: Tuesday, October 30,20072:37 PM
To: Brooks{ Vivian
Subject: RE: CRA Policing Plan
Sorry, Vivian it is actually 5:00 pm. Apparently Sgt. Danysh spoke with Usa on Friday and he will have all the necessary statistics
ready.
---,----,..~----_.._-----~--_._---------_.~------_._----~--~-- "--'.-----.--.,-. ~..._--~~-~..-.._..~- ,.,' ----,~~-- ".',-'-,'-'.,,-- .--- .,.-,.-.,. ----.- --.
Fro",: Brooks, Vivian
Sent: Friday, October 26, 2007 3:39 PM
To: Harris, Kelly
Subject: RE: CRA Policing Plan
Thanks Kelly. What time is 1700? (I never learned military time!).
Vivian L. Brooks
Assistant Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, FL 33435
561-737~3256
561-737-3258 FX
brooksvi@cl.boynton-beach.f1.us
From: Harris, Kelly
Sent: Wednesday, October 24, 2007 4:13 PM
To: Brooks, Vivian
Subject: RE: eRA Policing Plan
I will have it to you no later than 10/29107 at 1700 hrs.
From: Brooks, Vivian
10/3012007
Page 2 of2
Sent: Wednesday, October 17/200711:51 AM
To: Harris, Kelly
~: Bright, Lisa; Buckley, Ashley
. ~bject: eRA Policing Plan
Hi Kelly, just wanted to check in with you to see where we are at with the CRA Policing Plan. Just a reminder we will need the
plan to add to the back up for the contract. Thanks.
Vivian L. Brooks
Assistant Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, FL 33435
561-737-3256
561-737-3258 FX
brooksvi@cl.boynton-beach.f1.us
10/30/2007
Bright, Lisa
From: Bressner, Kurt
Sent: Tuesday. November 06, 2007 8:02 A 1\.
To: 'Joe McCann'
Cc: Bright. Lisa; Immler, Matt; Bingham, Willlar
Subject: HB 63
Joe,
Noted the proposed HB 63 that allows eRA's to used tax revenues to fund law enforcement. fire rescue and emergency medical
services in CRA's that have been established five years or more.
I think this would clarify spending authority of CRA's and in our case help augment services within the eRA here
Please review and advise what happens next with this bill.
Kurt
Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public
records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.
1110812007
Page 1 of2
Bright, Lisa
From: Immler, Matt
Sent: Monday. November 19, 2007 1 :06 PlV:
To: Bright, Lisa; Cherof, Jame~
Cc: Unger, Wendy; Briganti, Frank; LeJeune, Carissa; Bressner, Kurt
Subject: CRA pollee services agreement
Lisa -I apologize for any confusion that resulted from the CRA/City police services contract agenda Item.
Since Jim had reviewed the contract prior to the item being placed on the agenda I assumed all was well
and that you had also reviewed the contract. I wasn't aware that Vivian had been corresponding with Sgt.
Danysh and Lt. Harris regarding a "policing plan" and that this issue was unresolved until Major Unger
became aware of the situation at pre-agenda on November 16th.
Here is my take on the "plan" which again I am assuming is a reference to F.S.S. 163.360(3): The
community redevelopment plan may provide for the development and Implementation of community policing
Innovations. Since the CRA and city had entered into a similar agreement several years ago I assumed that
a provision for the implem.entation of community policing innovations was already adopted as part of the
community redevelopment plan if such a provision was required. If that is not the case then I believe that
we would have to modify the existing CRP in accordance with F.S.S. 163.361 which specifically refers to a
modification for the purpose of including the development and implementation of community policing
innovations. This would require the CRA to make a recommendation for modification and then would
require the commission to hold a public hearing on the issue.
rhe document that you forwarded to Major Unger in your email message of November 18th should probably
De reviewed by Jim Cherof in order to determine if it will suffice as a "community policing Innovations" plan
that can be used to modify the CRP. If Jim gives the OK we can then use it as the guide to prepare one for
presentation to the CRA.
You also asked Major Unger to supply a CRA overtime rate. The contract provides for "pay-as-you-go"
regarcHng salaries and overtime compensation. The rate would be determined by the salary structure of
those officers and the sergeant who are selected to become the CRA policing unit. Since we don't know
who those officers are and which ones might incur overtime, we can not give you an hourly rate at this
point. The same is true for the salaries, benefits and expenses which will also be paid on a monthly basis in
accordance with the contract. We did estimate that the compensation paid to the officers without overtime
would be approximately $388,794.00 but that figure will be higher in light of the October .1 st pay raises.
You also asked Major Unger to remove the provision in the contract dealing with "accommodations". That is
fine with us;.however, that provision is not mandatory (the CRA may provide office and storage space...)
and was included in case you decided later that you wanted to do this.
I'll walt to hear from you and Jim before proceeding further.
Thanks,
Matt
6\
G. Matthew Immler
Chief of Police
City of Boynton Beach
561-742-6101
11/26/2007
Bright, LIsE,
-~~.-::'li1~1[5'Jl>;~:~,:::""
!!',;'~:~':i'",;:~"~-!'J::~"",,~;rn!ili!iW~,:O!:l--'-"""~~Zh:!:,'~~_,j
Fran.
Sen',
lc
Subjec:
Unger, Wendy
Monday. November 26, 2007 8:05 PI
Bright, Lisa
Re: eRA police services agreemen
It J.S my unaerstanding that the Chief conversed I'Jith CherOl as his interpretation of the
statute is that a police plan should be part of the community redevelopment plan and if
that is not the case, then we were looking for legal to advise if a modification to the
redevelopment plan for the purpose of including police innovations (see his e-mail belol'l)
is in order. So, under my direction from the Chief; we need an opinion from legal
-----Original Message-----
From: Bright, Lisa
To: Unger, \'lendy
Sent: Mon Nov 26 19:15:16 2007
Subject: FW: CRA police services agreement
'\'lendy,
What do you need from me to make sure this happens in December???
Lisa
From: Immler, Matt
Sent: Monday, November 19, 2007 1:06 PM
To: Bright, Lisa; Cherof, James
Cc: Unger, Wendy; Briganti, Frank; LeJeune, Carisse; Bressner, Kurt
Subject: CRA police services agreement
Lisa - I apologize for any confusion that resulted from the CRA/City police services
contract agenda item. Since Jim had reviewed the contract prior to the item being placed
on the agenda I assumed all was l'lel1 and that you had also reviewed the contract. I
wasn't aware that Vivian had been corresponding with Sgt. Danysh and Lt. Harris regarding
a "policing planH and that this issue was unresolved until Major Unger became aware of the
situation at pre-agenda on November 16th.
Here is my take on the "plan" which again I am assuming is a reference to F.S.S.
163.360(3): The community redevelopment plan may provide for the development and
implementation of community policing innovations. Since the CRA and city had entered into
a similar agreement several years ago I assumed that a provision for the implementation of
community policing innovations was already adopted as part of the community redevelopment
plan if such a provision was required. If that is not the case then I believe that Ne
would have to modify the existing CRP in accordance with F.S.S. 163.36l ~lhich specifically
refers to a modification for the purpose of including the development and implementation
of community policing innovations. This would require the CRA to make a recommendation
for modification and then ~lould require the commission to hold a public hearing on the
issue.
The document that you forwarded to Major Unger in your email message of November 18th
should probably be reviewed by Jim Cherof in order to determine if it will suffice as a
ucommunity policing innovations" plan that can be used to modify the CRP. If Jim gives
the OK we can then use it as the guide to prepare one for presentation to the CRA.
You also asked Major Unger to supply a CRA overtime rate. The contract provides for Upay-
as-you-go" regarding salaries and overtime compensation. The rate would be determined by
the salary structure of those officers and the sergeant who are selected to become the CRA
policing unit. Since we don't know who those officers are and which ones might incur
overtime, we can not give you an hourly rate at this point. The same is true for the
salaries, benefits and expenses which will also be paid on a monthly basis in accordance
with the contract. We did estimate that the compensation paid to the officers without
overtime would be approximately $388,794.00 but that figure will be higher in light of the
October 1st pay raises'(l
You also asked Major Unger to remove the provision in the contract dealing with
uaccommodations". That is fine with us; however, that provision is not mandatory (the CRA
may provide office and storage space...) and was included in case you decided later that you
wanted to do this.
I'll wait to hear from you and Jim before proceeding further.
Thanks,
Matt
G. Matthew Immler
Chief of Police
City of Boynton Beach
561-742-61n
immlerm@ci.boynton-beach.fl.us
2
"
: -, ~ctY~T8~ eRA
III East Side-West Side-Seaside Rena",ssance
eRA BOARD MEETING OF: February 10,2009
I I Consent Agenda I X I Old Business
New Business . I
Legal
Other
SUBJECT: Presentation of Economic Development Report and Database
SUMMARY: On October 14, 2008 the CRA Board adopted the Economic Development Plan of the
Boynton Beach Community Redevelopment Agency. Per the implementation strategy of the Plan, a
database of all commercial and industrial space and businesses was created. (See attached) The purpose
of the database is to be a resource in assisting new or expanding businesses to locate appropriate space
and to determine the size and types of businesses within the CRA.
Currently there are 437 businesses within the CRA, with the retail sector representing 44% of the
businesses. The vacancy rate for commercial is 15.5% with an average lease rate of $28.48 (NNN). The
vacancy rate for industrial space is 24% and the average lease rate is $11.18 (NNN).
As of the creation of the database, there is 189,124 sq. ft. of commercial space and 120,688 sq. ft. of
industrial space available for lease within the CRA.
FISCAL IMPACT: N/A
CRA PLAN, PROGRAM OR PROJECT: Economic Development Plan
RECOMMENDATIONS: None
/ I ~
" / -/) L/
. ,.I(/~..jJ .l
Lion L. Brooks /
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\ED Presentation and Report.doc
Economic Development Report
4th <)uarter 2008
Small Business Survey
In October of 2008. the eRA Board adopted the Boynton Beach eRA Economic
Development Plan (ED Plan) with a goal of maintaining, expanding, and di versifying the
economic base. Key challenges along with opportunities were identified within the Plan
in order to guide the CRA in its current and future economic development efforts.
A key component of the ED Plan was to survey businesses within the eRA to assess the
current economic climate. The survey was also to be used to establish a baseline to
effectively measure future economic development efforts. A database was subsequently
created that list the results of the surveys. including names of property owners, businesses
operating within the CRA, vacancy rates. data on wages. and other relevant data. Belo\\
are key findings obtained from the survey:
1. The current commercial vacancy rate is 15.5%. Of the approximate 1,217.664 sq
ft of available commercial space. 1.028.540 Slj n is rep011edly occupied. The
average lease rate (NNN) is $28.4 7
')
The current industrial vacancy rate is 240/0. Of the approximate 500,000 sq ft 01
available industrial space, .3 79,3 12 Slj n is reportedly occupied. rhe average
reported lease rate (NNN) is $11.18.
.3. There are 437 businesses operating within the (RA ()f the ,,),37. 440/0 are retai I
oriented businesses followed next by professional and business services (18%).
The breakdown of the types of businesses is illustrated heIO\\'
No. of IX Buainesses
B Classification:
Construction
Manufacturin
Wholesale Trade
Retail Trade
f_Iransportation, WarehousiQ9,-~_LLtilities
Information
Financial Activities
-~.__.._---,...
Professional & Business Services
Education & Health Services
Leisure & Hos italit
Other
437
18
12
11
194
16
2.
24
80
48
25
r
o Construction
Types of Businesses
. Manufacturing
o Wholesale Trade
6% 2% 4%
o Retail Trade
r
4. Businesses were polled to see how they were faring in the current economic
recession. Businesses were asked to rate their level of sales on a 1 - 5 scale with
1 being Poor, 2 being Fair, 3 being Good, 4 being Very Good, and 5 being
Excellent. On an overall basis, businesses reported on average sales level of Fair
(2). Education and Health Care oriented businesses reported the highest scores
on average with a 3.1 (Good). Hospitality and Leisure businesses had the lowest
score of 1.2 reporting an average of 1.2 (Poor). Below is a breakdown of the
average sales level by business types:
level of Sales (1-5)
("
2
), rhe businesses in the CRA \vere sun eyed to obtain average and median wage
levels within each respective type of business. Below is a table of1he average
reported wage levels:
'Wnee:
AV.....
By CI."
Construction
Manufacturin
Wholesale Trade
Retail Trade
Average
-.----------.- r' Not$1~~~I~ble
----.-- .-.-t-
$18.00
----. -~=:~=~_=~. _::=:--_j 1 O. 4~_.
Median
$15.00
Not Available
$18.00
$9.00
.....,- ---'"-'~--",--,,-
.Transportation, Warehousing, &.YJilities__ _j.
$12.00
----.--..-.-.--.---.
$12.00
.-.---.---...-
Information
Financial Activities
Professional & Business Services
Education & Health Services
Leisure & Hospitality
Other
$20.00
$12.83
---
$17.00
_"_,_"'_"_m__._._...
$15.64
$20.00
$11.50
$20.00
$13.50
~----"'-
$1 7 00
---,--.....-----.-.--.
$13.00
-'--"'-~-
$20.00
----
$11 .50
Unemployment
As layoffs and downsizing continue. unemployment levels have continued to increase
throughout the U.S., including within Florida. Since October, the statewide
unemployment rate has risen from 7.00:0 to 7.30'(l. j 0 higher than the national
unemployment rate of 6.7%. On a local leveL Palm Beach County's unemployment rate
increased from 6.0% to 7.6%. an increase of 1.6% since October and a 3%, increase from
the same time I year ago. The unemployment rate \vithin the City of Boynton Beach
increased from 4.8% to 7.2%, an increase of 2.4~'o since just October and an increase oj
3.0% since November. 2007 (Florida Agency for Workforce Innovation).
Incentives for the Redevelopment of Commercial and Industrial Areas
eRA staff worked in conjunction with the Boynton Beach Chamber of Commerce and
key community stakeholders to identify additional outside resources to stimulate
redevelopment within the Heart of Boynton and within the major commercial corridors in
the CRA. An application was submitted for $400,000 in grant funds to the U.S
Environmental Protection Agency (EP A) through its Brownfield Program. The funds can
be utilized to perform environmental assessments on key commercial and industrial
properties. As typical in urban redevelopment areas. the perception or the unknowing oj
whether or n01 a property is environmentally contaminated is onen a major barrier to
redevelopment. The determination as to whether or not the eRA \vi II be awarded the
grant funds is expected to be made by this upcoming spring. In addition [() the possible
Brownfield grant, the eRA continued with the C'ommercial Fa<;ade program
-;
Housing
CRA staff worked with the City to identify additional resources that could be used for
key projects within the Heart of Boynton Beach, namely Oceanbreeze. Through the U.S.
Department of Housing and Urban Development's (HUD) Neighborhood Stabilization
Program, the City is expected to receive approximately $3 million in grant funds that can
be used to help provide housing opportunities for low-to-moderate income families.
$400,000 was approved by the City Commission for the Oceanbreeze project.
Another major development is the Martin Luther King Commercial Corridor Project.
Negotiations with Auburn Development are still underway regarding a Master
Development Agreement for the redevelopment of the 26 acre site.
Lastly, the CRA Board approved up to $140,000 in grant funds through the Residential
Incentive Program to assist 7 income-qualified households in improving their homes.
Marketing
Two major events were held this quarter to attract people to the downtown area, the
Annual Christmas Holiday Parade and the Annual Holiday Boat Parade. Both events
were very successful attracting thousands of people to the downtown. The CRA also
continues the Trolley program to assist people in navigating through the district and to
increase access to local businesses.
In addition to these special events, CRA staff has been working with commercial brokers
to attract a major grocery store chain to the Heart of Boynton. Meetings were held with a
major discount grocery store and commercial brokers to identify appropriate sites and to
look at other site plan details including the addition of ancillary retail space that could be
supported by the grocery store. Discussions are still underway.
Lastly, a new newsletter titled "FYI" was created and distributed to residents and
businesses in the CRA, helping to educate the public on what CRAs do and opportunities
available. Information about the CRA's Commercial Fa<;ade Program was included in
the newsletter and follow up one-an-one meetings were held with business owners.
4
Boynton BE3Ch eRA
EGONOl'lilC D2V:::LOPW,:::NT DA T ABt.SE
Legend
Current status
Available for Lease
Level of Sales
Excellent 5
Type of Business:
Construction
Vacant but Unavailable
OccuDied
Very Good
Good
Fair
Poor
4
Manufacturing
Wholesale Trade
Retail Trade
Transportatron, WarehOUSing, &
Utilities
Information
FInancial Activities
Professional & Business Services
EducatIon & Health ServIces
Leisure & HOsPltallt
Other
3
4
Available for 5ale
5
6
7
8
9
10
11
---------------------------------------------------------------------------------------------------------------------------------------------------------
8434533 Business Contact Bldg. Lot Owners Hiring
Comments Annual Sales Website
Property Vacant (V) or 5q Ft Years in Type of Email (YfN)
Address PCN usiness Owne Business Name Owner Mailing Address Phone for 5ale/Lease 5q. Ft. 5q. Ft. Occu ied 0 Occupied Lease rate Business Business
323 SE 23rd 030000230 Adel M 5idky Adel M 5idky, M.D, 5idky Adel& Het 323 5E 23rd Ave, Boynt' (561) 737-1818 1,988 11.461 0 1988 20 9 3
404 SE 23rd Ave 06-000-0110 Larry Galsky Galsky Dental Laborato Galsk Larry & P 404 SE 23rd Ave, Bo nt, (561) 737-1819 2,000 0 2000 9 2 LGalsk alsk dental.com
3,988 11,461 3,988 $12,50 2.5
5 Federal Hw
Business Contact
Property Web site
Address Business Name Owner Mailing Address Phone for Sale/Lease
101 S Federal Hwy 04-000-0010 Coldwell Banker Coldwell Banker Walter Dutch M~ 240 50uthland rd, Palm Beach FL 33480 3417
104 S Federal Hwy 040000021 John H. Gonsm, Gonsman Custom Drapery, Inc Gonsman John 1104 5 Federal Hwy, Boy, (561) 732-8841 10,625 $14.00
112 S Federal Hwy 1 040000050 Lyle W. 5kylar, [A Center for Foot and Ankle C, One Twelve 50u PO Box 1182, Boynton E (561) 736-1033 17,500
112 5 Federal Hwy 2 040000050 Dr. Beth Froschl Birnbaum Family Chiropractic One Twelve 50u PO Box 1182, Boynton E (561) 731-00411 (561) 752-2515
112 S Federal H 3 040000050 Beachcomber Art One Twelve 50u PO Box 1182, Boynton Beach FL 33425 1182
1125 Federal Hwy 5 040000050 Kenneth F Mack 50utheast Business One Twelve 50u PO Box 1182, Boynton E (561) 732-2134
1125 Federal Hwy 6 040000050 Deborah L. 5erie Gateway Business 5ervices, In One Twelve 50u PO Box 1182, Boynton E (561) 375-9356 1,000 0 1000 13 8
1125 Federal Hwy 7 040000050 Bartlara MacDo\ Boynton TrAvel Agency, Inc One Twelve 50u PO Box 1182, Boynton E (561) 732-8155 850 0 850 11 6
1125 Federal Hwy 9 040000050 One Twelve 50u PO Box 1182, Boynton Beach FL 334251182 750 0 750
112 S Federal Hwy 8 040000050 Madeleine Whitr Maddie's Flowers by the Sea One Twelve 50uPO Box 1182, Boynton E(561) 731-4545 1,200 0 1200 1 4 1
206 S Federal Hwy 040000090 Michael W. Bow The Pantry Bowden Inc 1622 NE 4TH st, Boynto (561) 732-8151 990 8,250 0 990 28 4 3 TheoantrvaI>bellsoutll.net
300 S Federal Hwy 040000170 James P Hudso, Hudson Realty of the Palm Be, Hudson James F 4185 st AnDrews Ave, B (561) 734-6000 1,832 7,500 0 1832 9 8
3105 Federal Hwy 000003020 Lisa K. HargrovE Marketing Innovations Kallal-Hargrove 1310 5 Federal Hwy, Boy' (661) 742-2994 3,000 8,320 0 3000 7 8 4 barb(5)markinno com
~O 5 Federal Hwy 407 000003040 Jean Wilfred Insurance Plus Wise Investmenl6738 stirling rd, Holywoo (561) 968-8249 650 17,500 0 650 8 7 1
o S Federal Hwy 408 000003040 Jill Caggiano Massage Works Wise Investmenl6738 stirling rd, Holywoo (561) 637-5947 650 0 650 5 8
,00 5 Federal Hwy 411 000003040 Gary King Leisurevllle International, Inc. Wise Investmenl6738 stirling rd, Hoiywoo (561) 732-9000 1,200 0 1200 5 8
4005 Federal Hwy 411 000003040 Erik Glushian GPS Financial Wise Investmenl6738 stirting rd, Holywood FL 33024 1844 600 0 600 2 7 3 Ealushian@GPSFinancial.net
400 S Federal Hwy 414 000003040 John R. Spannu United states Water Fitness Wise Investmenl6738 stirling rd, Holywoo 561-732-9908 1,200 0 1200 19 9 5 rohnKI.luswfa.orq
906 5 Federal Hwy 060000460 Joseph M Provenzano, MD Englewood Holdi 1230 5 Federal Hwy, Bo (561) 736-0015 2,512 30,326 0 25115 8 9
906 5 Federal Hwy A 060000460 William A. Shapse, MD, LLC Englewood Holdl1230 5 Federal Hwy, Bo (561) 736-0015 0 8 9
906 5 Federal Hwy A 060000460 Rosalia Martin Martin Physical Therapy, PA Englewood Holdi 1230 5 Federal Hwy, Bo (561) 738-0805 2,512 0 2512 6 8
1120 5. Fed Hwy 030110040 George Uhuzie A Pink Princess, Inc Nadeau Deziel 11205 Federal Hwy, Bo (561) 733-3123 3,586 26,642 0 3586 7 4
1200 S Federal Hwy 201 510012010 AnDras Papathe Universal Health Education, Ine Allen Martincava 1200 S Federal Hwy # 201, Boynton Beach FL 33435 6043 1,100 0 1100 18.00 9
1200 5 Federal Hwy 202 510012020 AnDras Papathe Universal Health Education, ine Commonwealth '9 Commonwealth Ave, Boston MA 02116 2106 1,100 0 1100 18.00 0 9
1200 S Federal Hwy 203 510012030 AnDras Papathe Universal Health Education, In< Commonwealth '9 Commonwealth Ave, Boston MA 02116 2106 1,100 0 1100 18.00 9
1200 5 Federal Hwy 204 510012040 Hospital Without Walls B & E Properties 10288 Hunt Club Ln, Palm Beach Gardens FL 33418 4577 1,100 0 1100 18.00 9
1200 5 Federal Hwy 205 510012050 Hospital Without Walls B & E Properties 10288 Hunt Club Ln, Pal (561) 742-2552 1,100 0 1100 18.00 20 9 2
1200 5 Federal Hwy 206 510012060 Hospital Without Walls B & E Properties 10288 Hunt Club Ln, Palm Beach Gardens FL 33418 4577 1,100 0 1100 18.00 9
1200 S Federal Hwy 207 510012070 Paul H. Gamig Mindful Care for Women, PA Paul Gamig 800 N Ocean Blvd # 8, [(561) 733-3392 1,100 0 1100 18.00 9 9 2
1200 S Federal Hwy 301 510013010 Linda L. Morton, CPA Linda Morton 641 Riviera Dr, Boynton (561) 740-2844 1,100 0 1100 18.00 10 6
1200 5 Federal Hwy 301 510013010 Thomas Carwell Linda Morton 641 Riviera Dr, Boynton (561) 733-8005 V 0 V 18.00 11 9
12005 Federal Hwy 301 510013010 Leslie N Reizes Reizes Law Firm Chartered Linda Morton 641 Riviera Dr, Boynton (561) 736-2600 V 0 V 18.00 0 8
1200 S Federal Hwy 301 510013010 Maxwell S. Preifer Linda Morton 841 Riviera Dr, Boynton (561) 736-2600 V 0 V 18.00 0 8
1200 5 Federal Hwy 302 510013020 Patrick Conway P.1. Associates George 5iddall 1260 S Federal Hwy # 21 (561) 276-9990 1,100 0 1100 18.00 0 8
12005 Federal Hwy 303 510013030 Allen Sipp Sipp Corp R5S Colonial 30 53 River Dr, Boynton Be (561) 274-0050 1,100 0 1100 18.00 7 8
1200 S Federal Hwy 304 510013040 Roger 5ipp Newee Services RS5 Colonial 30 53 River Dr, Boynton Beach FL 33435 3320 1,100 0 1100 18.00 8
1200 5 Federal Hwy 305 510013050 Roger Sipp Newco Services R55 Colonial 30 53 River Dr, Boynton Beach FL 33435 3320 1,100 0 1100 18.00 8
1200 S Federal Hwy 306 510013060 Roger Sipp Newce Services RS5 Colonial 30 53 River Dr, Boynton Beach FL 33435 3320 1,100 0 1100 18.00 8
1200 5 Federal Hwy 307 510013070 Kathy Gross United American Properties, In' United American 1200 5 Federal Hwy stE (561) 734-6397 1,100 0 1100 18.00 7 8
1210 S Federal Hwy 101 510071010 Gloria Welt Best Health and Home Care RS5 Colonial 10 53 River Dr, Boynton Be (561) 752-9888 920 0 920 22.17 6 $15.00 4 8 3 Yes, Field staff- $8 00 start
12105 Federal Hwy 102 510071020 Robert M Neade Lord Mortgage and Loan, Inc Robert Meadel 6711 N Ocean Ave # 4, 1(561) 737-8707 920 0 920 18.00 1 8
12105 Federal Hwy 201 510072010 Kathieen Aub Positive Interventions, Inc. Kathleen Aub 12105 Fdeeral Hwy # 21 (561) 733-8050 920 0 920 18.00 12 10
12105 Federal H 202 510072020 Terry Greenhalh Compiete Rehab 5ervices Inc. B & E Properties 10288 Hunt Club Ln, Pal (561 733-8817 920 0 920 18.00 4 1
1230 S Federal Hwy 102 510051020 Thomes J. SChvehlda, MD. PA Professional BOl1230 5 Federal Hwy, Bo (561) 364-2822 1,100 0 1100 18.00 1
12305 Federal Hwy 102 510051020 Elysee H 5inclair, MD. Professional BOl1230 5 Federal Hwy, Bo (561) 752-2400 V 0 V 18.00 1 9
12305 Federal Hwy 102 510051020 stephen R Perm Awakened Heart Counseling, Ir Professional BOl 1230 5 Federal Hwy, Bo (321) 604-0537 V 0 V 18.00 0 9
12405 Federal Hwy 101 510041010 Makram Kamel Florida Professional Business Makram & 5ami, 1240 S Federal Hwy, Bo (561) 732-5690 1,100 0 1100 18.00 26 8
1250 5 Federal Hwy 101 Gordon J. Smith Boynton Beach Dental Care (561) 732-9727 1,100 0 1100 18.00 2 26 8 3
1260 S Federal Hwy 101 510021010 Carolyn Ingraml Traylor, Gratton, Beaumont, LL Gordon Smith 1250 S Federal Hwy # 11 (561) 737-7900 1,100 0 1100 18.00 28 7
1260 5 Federal Hwy 102 510021020 David Beaumont, lne, Traylor Gratton E 1260 5 Federal Bo 752-4048 1,100 0 1100 18.00 7
12~~~5 Fe"c;;,E~.I.HWY,201.=.,,,,,. 510~220.~0 '. ~., . Cath~.Appleton, P.A. . _Ge,~g~ Sigda!~,"1.:27 Nassua st,
[1i'1l60.~;p;fj1;l~ffl1....Wf21i:~0;.ftl'~.~~o5'~_~~~".!t',~~~~1W!~1t.-j~'if;(,',{~1\Ij~~n~7~~~' ,.',1 ae. ......' 2.5
58,406 126.663 56,736 94
Page 1 of 10
E Ocean Ave
Address
214 E Ocean Ave
402 E Ocean Ave
16 E Ocean Ave
J8 E Ocean Ave
Contact for SalefLease
Website
Business
511 E Ocean Ave
515 E Ocean Ave
529 E Ocean Ave
618 E Ocean Ave
30060100
30060111
30060111
04-000-0941
Harvey E Oyer, ,Ocean Ave Mgmt Co, Inc. Harvey Oyer
John A Marquez The Fashion Shoppes Botique Harvey Oyer
Kim Kelley Hurricane Alley Harvey Oyer
Randolf Rua Ben'amin Moore
PO Box 57, Boynton Bel (561) 732-9305
PO Box 57, Boynton Bel (561) 736-9977
PO Box 57, Boynton Bel (561) 364-4008
(516) 732-3800
4,017 6,458 0 4017
4,104 4,741 0 4104
1,800 0 1800
2,750 15,000 0 2750
20,713 64,279 19,329
8
7
11
23
8
22
8
4
4
4
3
2 FSBmens(ir.FSBMens,cam
4
24
1
2.3
E Ocean Ave
Business
Website
MallinQ Address
Phone
Contact for Sale/Lease
640 E Ocean Ave 20
640 E Ocean Ave 21 & 22
40000560
700
700
o
o
700
700
25.75
25.75
5
5
739 E Ocean Ave
5,393
69,944
48,507
75,507
o
5393
31,110
80
$8.50
30
269
4
4
2.4
Servers
Page 2 of 10
Business
Contact
for Sale/Lease
700 Casa Lorna Blvd W. Hall Sea Mists Ents., Inc. (561) 732-9974 0 0 8
700 Casa Lorna Blvd Lynn Simmons Delta's Splash CRA 915 S Federai Hwy, BOYI (561) 736-0712 1200 0 1200 1
700 Casa Lorna Blvd Clair Johnson Intracf)astal Jet Ski Rentals (561) 279-0628 0 0 1
700 Casa Lorna Blvd Deeper Dive Charters Int'l CRA 915 S Federal Hwy, BOYI (561) 734-3818 0 0 lease from cra 5
700 Casa Lorna Blvd Leo Sand Paul Fasolo: Ham'r Time CRA 915 S Federal Hwy, BOYI(561) 737-0258 0 0 lease from era 2
700 Casa Lorna Blvd Janet Hall Sea Mist Marina CRA 915 S Federal Hwy, BOYI (561) 737-6294 120 0 120 1
700 Casa Lorna Blvd Robert Labar Tunatime Sportfishing Charters (561) 528-8544 0 0
726 Casa Lorna Blvd 030000010 William Scaggs Two Geoges Restaurant DSS Properties 726 Casa Lorna Blvd, Be (561) 736-2717 4376 19737 0 4376 90
728 Casa Lorna Blvd 030000010 John Allen Loggerhead Dive Charters DSS Properties 728 Casa Lorna Blvd, Be (561) 588-8686 0 0 1000 2
728 Casa Lorna Blvd 030000010 Carl Miller Fishing Charter DSS Properties 728 Casa Lorna Blvd, Be (561) 732-3597 0 0 1000 per mont~ 1
728 Casa Lorna Blvd 030000010 Raymond Terry Great Day Enterprises DSS Properties 728 Casa Lorna Blvd, Be (561) 732-1980 0 0 _ease from C RJ 2
728 Casa Lorna Blvd 030000010 Mark Tatum Gold Coast Charters DSS Properties 728 Casa Lorna Blvd, Be (561) 252-4570 0 0 Lease from city 2
728 Casa Lorna Blvd 030000010 Richard Betterle' Pelican Dive Charters DSS Properties 728 Casa Lorna Blvd, Be (561) 738-7979 0 0
728 Casa Lorna Blvd 030000010 Richard Wiltsa Off the Porch, Inc. DSS Properties 728 Casa Lorna Blvd, Be (561) 346-2941 0 0 1
728 Casa Lorna Blvd 030000010 Rex Van Valkenl SFF A DSS Properties 728 Casa Lorna Blvd, Be (561) 860-1998 0 0 rom Two georgE 2
728 Casa Lorna Blvd 030000010 Brad Terry Another Great Day DSS Properties 728 Casa Lorna Blvd, Be (561) 732-1980 0 0 1
728 Casa Lorna Blvd 030000010 Kevin Metz Underwater Explorers, Inc. DSS Pro erties 728 Casa Lorna Blvd, Be (561 577-3326 0 0 CRA 1
15196 19737 6696 124
SE 2nd Ave
Business Contact
$1500
10
10 Poorest year in
10
10
10
10
10
4
10
10
10
10
10
10 Different than fi
10
10 Business so sIc
10
1
1
1
2
1.1
31
24
15
10
11
3
1
11
8
9
6
4
3
2
1
1
1
$18.00
$11.50
$20.00
Servers and cooks
$20.00
$20.00
$25.00
Business Webslte
Address PCN Owner Business Name Owner Mailin Address Phone for Sale/Lease Sq. Ft. Sq. Ft. Occu ied 0 Occupied Lease Rate Em 10 ees Wa e Business Business
625 SE 2nd Ave A .. 490000010 Sara N. Garcia, M.D P.A, . Sara Garcia 625 SE 2ND Ave # A, Boynton Beach FL 33435 5065 1500 0 1500 5 $10.00 7 9. 4 . . . www.Droarc-'-'Leilll]
~?!~t~;~_~~_E'_J1j~&!!ilii~~~~~~.&.m~:~!!il~~~~~i'i~}fm,QfI~~!ri:~~1';lj~ni~l~_]'f~ll.%1i~~~i;'3lj;%:))~~~4~~~~~if~'?iK~~~&~'I!&~~:l~1iIi3.:~~~"!(.w,;;~:il~Rr'd!:1~iT:B;~tMi%,(g\1'K1~i:';~~0:fB}~t?~;~lt\\'!!:'~i?ikifl~?~l\II~~!~~E1.B:g~S;
625 SE 2nd Ave C 49-000-0030 Chiodo, C Chiodo, Christopher N. DPM Christopher & Li.2515 SW 13TH CT, Boy (561) 737-1106 1100 0 1100 11 9
625 SE2ndAve D 490000040 on Howard&Maria.4812SLakeDr,BontonBeachFL334365911 1100 0 1100 3 3 9 4
5050 0 3700 8 4.0
N Seacrest Blvd
Address
101 N Seacrest Biv
N Seacrest Blvd
Address
qOO N Seacrest Blvd
)9 N Seacreast Blvd
13 N Seacrest Blvd
1005 N Seacrest Blvd
NW 1st 51
Address
301 NW 1st sl
W BO'lnton Beacti Blvd
Address
126 W Boynton Beach Blvd
138 W Boynton Beach Blvd
140 W Boynton Beach Blvd
202 W Boynlon Beach Blvd
Blvd
302 W Boynton Beach Blvd
322 W Boynton Beach Blvd
326 W Boynton Beach Blvd
332 W Boynton Beach Blvd sl 5-6
332 W Boynton Beach Blvd sl 5-6
332 W Boynton Beach Blvd sl 4
332 W Bo nton Beach Blvd
Webslte
Business
Contact
Website
for Sale/Lease
Business
Contact
70021331
70041330
Business Name
Lee CommUnity
Mialing Address Phone
(561) 732-4042
915 S Federal Hwy, BOYI (561) 732-9196
533 NW 13TH Ave, Boyr (561) 734-2459
for Sale/Lease
CRA
James Johnson
1,072 4,800
408 9,000
-., ,~ '!""._j,,-~
1,722 9,500 0 1722 3
4,588 32,323 3,202 4
., ~.~,~,'-: ..L.
~r'J'..",_-_~
,,,- ,e"- _^ '-,,;'J~'.;-f\,--':\.-~
11
4 Willin to sell te
3
2.0
70041300 Fawzik Abu-Gha E-Z Market
Marwan Ghali 1005 N Seacrest Blvd. E (561) 738-9349
WV'fI'!. slJRer~'~,l(-lI._I~,_r;::l}l!1
Business
Contact
Website
Mailing Address Phone
301 NW 1st st, Boynton 561-736-6887
for Sale/Lease
1,100
2.0
1,100
Business
Contact
Web site
Business
Owner Business Name
Lucy Graham Cuts Plus
10-004-0010 William CM Sear Cash-A-Check
10-004-0010 Armelle Lorme Armelle Supermarket
100030090 Michelle Francis LIghthouse Academy
Property
Owner Phone
Lucy Graham 126 W Boynton Beach B (561) 732-1333
136 BBB PROPI PO Box 1208, Boca Rab (561) 572-2888
136 BBB PROPI PO Box 1208, Boca Rab (561) 577-3850
CMG FAMILY EI202 W Boynton Beach B (561) 734-1880
(561) 276-6489
.., -,Mar~retGeI'VS..1(J$39Fer~Tre~Way, .aqYf1t~"Be;lvh fi.i3~364746.
".;Mdli~~-FaniIlYTn 74Qe::0ge~i1A,v~#309StBqYi1ion<\ee~hfl:..~il43~ p1p\r,~+"
Barbara Mathew 9148 Bay Harbour Clr, VI (561) 732-2561
Hsrtancf&Arlne- 2:2i';wS"yfifdii'Sea",fiaivd, Boynion"seach h334:lS'40:22
for Sale/Lease
1
4 LiqhthouseAcadalibellsouth net
1
3
0 4
0 8
16 9
4
7 4
4 7
1 9
1 8
3 8
11 8
21 4
2 8
0 9
27 10
1
3
3 ZTeam10@aolcom
4 Massage Therapist
1
2.3
100020100
100020070
100020050
100020012
100020012
100020012
100020012
2
15
Rajesh Patel A1A Food & Gas of Boynton BI RAJ Prpoerties I 5728 Descartes Cir, Boy (561) 758-5110
Michael Greene Eisman & Russo, Inc. Angelo Agnello 1 PO Box 827, Palm Beac (561) 736-1215
Richard Jacksor Boynton Beach Dental Center Angeio Agnello 1 PO Box 827, Palm Beac (561) 737-6445
Greg Miller Signature Signs & Graphics Angelo Agnello 1 PO Box 827, Palm Beach FL 33480 0827
Greg Miller Signature Signs & Graphics Angelo Agnello 1 PO Box 827, Palm Beach FL 33480 0827
Lewis Accounting Services Angelo Agnello 1 PO Box 827, Palm Beac (561) 735-4554
AnDrea Dawes Swan Home Care Services, In< A ello 1 PO Box 827, Palm Beac 561) 582-1550
1,799 30,375 0 1799
1,999 10,125 0 1999
728 6,750 0 728
461 0 460.8333333 21
461 0 460.8333333 21
461 6,500 0 461 21
461 0 461 21
461 0 461 21
1,350 14,907 0 1350 21
1,350 0 1350 21
1,935 14,460 0 1935
1,500 0 1500
1,496 0 1496
7,198 97,547 0 7198
39,701 290,780 32,564
www.Eisman&Russo_COITI
I~
WoNW. siQnaIIdL.f~~:I.(Jl !:0<l11~q[.;'J.rll1~:~ ~C:D.~[:
Sjonaturesiansbb(Q)ho www. sianature...5J.9D..~qg@f11LC~CQm
4
420 W Boynlon Beach Blvd st 203 110000030 Kirk Himmelberg Credentiai Leasing Corp. of FI. Financial Boynto 555 N Congress Ave, Be (561) 396-2100
435 W Boynton Beach Blvd 16-000-1300 Joseph Sclafani Captain Frank's Seafood Mark. Richard Parsons 836 E Oyster Ln, Lantan (561) 732-3663
444 W Boynton Beach Blvd 27-000-0051 George Zednek, PA Financial Boynto 555 N Congress Ave, Be (561) 736-3434
444 W Boynton Beach Blvd 27-000-0051 Michael Finleste Boynton Spine Injury Center Financial Boynto 555 N Congress Ave, Be (561) 372-0353
'80 Bo nton Beach Blvd 150710010 President Victori Holiday Inn Express Universit Holdin 327 Villa e rd, Tiverton F (561 734-9100
5
4
6
6
4
24
89
Page 3 of 10
VV Bovntor; Beactl Bll/d
Address
225 W Boynton Beach Sivd
'1 W Boynton Beach Blvd
)5 W Boynton Beach Blvd
407 W Boynton Beach Blvd
409 W Boynton Beach Blvd
NE 9th Ave
Address
N E 4th street
Address
1622 NE 4th st
N E 4th street
Address
1770 NE 4th st
NE 10th Ave
Address
111 NE 10th Ave
130 NE 10th Ave
132 NE 10th Ave
425 NE 10TH Ave
NE 22nd Ave
Address
524 NE 22nd Ave
536 NE 22nd Ave
544 NE 22nd Ave
14 NE 22nd Ave 1
.4 NE 22nd Ave 3
056 NE 22nd Ave
566 NE 22nd Ave
C3 CommUnity Cornuwrciifl
N Feclerill Hwy
Address
1832 N Federal Hwy
1848 N Federal Hwy
1872 N Federal H
1888 N Federal Hwy
1896 N Federal Hwy
1900 N Federal Hwy
2235 N Federal Hwy
2360 N Federal Hwy
2610 N Federal H
Business
Contact
160001270
Property
Business Name Owner Mailing Address Phone
riair Avante' Hariand & Annie 225 W Boynton Beach B (551) 736-2995
American Latin Market, Inc. Lloyd Millanise 3444 Old Germantown n (561) 734-0092
Auto Insurance Worid of Lloyd Millanise 3444 Old Germantown n (561) 737-7283
Auto Insurance Worid of Lloyd Millanise 3444 Old Germantown n(561) 737-7283
Lloyd's of Boynton Beach Coin Lloyd Millanise 3444 Old Germantown n (561) 737-8205
Comments ~nnual Sales
Website
08434521
peN
Business
Owner
Business Name
961
5,148 30.620
Contact
for Sale/Lease
Contact
for Sale/Lease
Contact
for Sale/Lease
Contact
for Sale/Lease
800 0 800
600 0 600
0 0
2,559 7,000 2,559
Contact
for Sale/Lease
for Sale/Lease
II'JSWorldBovnton@aolcom
1.0
Owners
Email
Website
Business Name
Youthland Academy of B.B.,
Evangeline Mos, MLK Ouick stop
Larry Robinson Robinson's BBO, Inc.
Pastor Marva B' Church of the Living God
Business
Owner Business Name
Mohammed Kha Kwik stop
Santos Adames Carribean Meats
Ghislaine Lahen Gigl Unisex Beauty Salon
Edith Normil E&M Mixed Match Fasion
Jean A. Fortune Jean Fortune Express 99+&
Margaret De Je, Royal Coin LaunDry, Inc.
Bharat Patel BMT Discount Beverage
Business
Property
Owner
Mailing Address
Phone
Business
Phone
(561) 732-8151
Comments
Annual Sales
Business
Mailing Address
499 Bo nton Ba Cir, Bo
Phone
(561) 364-8695
Business
(561) 503-5493
(561) 731-0033
P.O. Box 1256, Bo nton (561 732-0119
Business
Website
Website
Property
Owner Mailing Address Phone
ATM Trading Inc 524 E Gateway Blvd, Bo (561) 732-1192
Seaglades Inves 15789 Cypress Chase LI (561) 742-1183
Biart Realty COpl 9935 Harbour Lake Cir, 1(561) 706-8121
Biart Realty COpl 9935 Harbour Lake Cir, 1(561) 732-2168
Biart Realty COpl 9935 Harbour Lake Cir, 1(561) 735-9560
Royal Coin Laun 11714 N 62ND Ln, West (561) 735-3262
BMT Discount B 566 NE 22ND Ave. Boyr (561) 369-3981
Bldg. Lot
Vacant (V) or Sq Ft #of Average
Contact for Sale/Lease Sq. Ft. Sq. Ft. Occupied (01 Occupied Lease rate
06-002-0180 Lenel Theus Alpha Rehabilitation Center Inlet Plaza 810 Tangerine Way, Gul (561) 752-9099 1,000 0 1000 6 1
06-002-0180 William Goldson Ideal Publications of Boynton Inlet Plaza 810 Tangerine Way, Gul (561) 732-0929 1,000 0 1000 2 4
06-002-0180 Gu Lon G-N-L Multi Services Inlet Plaza 810Ta 'ne Way, Gul (561) 733-1455
06-002-0180 Pierre L Galite Amerisafe Insurance, Inc. Inlet Plaza 810 Tangerine Way, Gul (561) 424-0486
06-002-0180 Eileen Hatcher New Inspiration Beauty Salon Inlet Plaza 810 Tangerine Way, Gul (561) 739-9041 1,200 0 1200 8
060010210 Mark Neely Inlet Inn Hammer Propert 1900 N Federal Hwy, Bo (561) 737-0763 2,600 0 2600 4
030000302 Arthur Burkton Boynton-Hypoluxo Animal Clinil Robert Martin D\ 2235 N Federal Hwy, Bo (561) 732-3629 1,508 21,195 0 1508 18
030000042 Zuhalr Marhof Shell Gateway Suau Enterprise, 2360 N Federal Hwy, Bo (561) 740-0606 2,299 20,830 0 2299 6 $9.50 4
020000620 Mar aret A. Lerr The Crystal Garden, Inc. Lembo Famil EI 7800 Coral st, Hypoluxo 561 369-2836 5,034 10,000 0 5034 19
19,741 100,249 18,641 17
Website
3 0 4 2
11 4
0 11
2.0
Website
2
i I,,,)~O
G ;,/"-;0
i i,358
i.v
Comments
Annual Sales
Owners
Email
Hiring Website
9
8
2
1
4
10
9
4
4
1.4
N Federal Hw
Business
Property
Owner MailinQ Address Phone
Yachtsman Prop 321 E Hillsboro Blvd, De (954) 709-6276
Yachtsman Prop 321 E Hillsboro Blvd, Deerfeild Beach FL 33441 3539
Yachtsman Prop 321 E HiIIsboro Blvd, De (954) 587.1008
Contact for Sale/Lease
Website
Page 4 of 10
S Federal HwV
Address
3000 S Federal Hwy
~025 S Federal Hwy
01 S Federal Hwy
A~-"""--
3701 S Federal Hwy
3705 S Federal H
Address
3466 Old Dixie H
E Boynton Beach Blvd
Address
103 E Boynton Beach Blvd
202 E Boynton Beach Bvd
212 E Boynton Beach Blvd
301 E Boynton Beach Blvd
306 E Boynton Beach Blvd
312 E Boynton Beach Blvd
312 E Boynton Beach Blvd
400 E Boynton Beach Blvd
400 E Boynton Beach Blvd
'0 E Boynton Beach Blvd
3 NE 2nd Ave
Address
~:. 'f~~,:.i ~
NE 3rd st
Address
212 NE 3rd st
208 NE 3rd st
210 NE 3rd st
216 NE 3rd st
217 NE 3rd st
E Boynton Beach Blvd
Address
109 E Boynton Beach Blvd A
109 E Boynton Beach Blvd F
109 E Boynton Beach Blvd F
109 E Boynton Beach Blvd G
109 E Boynton Beach Blvd L
125 E Boynton Beach Blvd
125 E Boynton Beach Blvd
131 E Boynton Beach Blvd
201 E Boynton Beach Blvd
209 E Boynton Beach Blvd
211 E Boynton Beach Blvd
'~1 E Boynton Beach Blvd
1 E Boynton Beach Blvd
Business
Owner Business Name
Wayne Hughes P S Orange Co
Heros Silva Federal Gardens & PAvers
170000640 Tom Mccormac~ US1 AIC Se~ storage
_________ I
080000212 Bharat Patel Dunkin Donuts
080000201 John Scalzo Johnny Mango Unique, Inc.
Business Name
Chnstian Come Alive Dehve &
Business
Owner Business Name
Mohammed Has Palm Food & Beverage, Inc.
Gloria Weiss Weiss Memorial Chapel
030030070 Dr. Eric Hermanl Ocean Chiropractic Center
05-000-0030 Adil Banushl OJ'S Grill
030030031 Roland Mirtyl Take Out Good Food
030030010 Traci Powell Hair Fashions by Traci
030030010 Mark McCloskey Boynton Bicycle Shop
030020070 Rima Lorenzo Rima's Cheesecake... and
030020070 Sherie Ocean Avenue Green Market
030020050 County CommUnity Action Program
030020030 Mark Petracca Buds Carpet & Tile Inc
Business
Owner
Business Name
T
i
I
I
I
I
I
Contact
Business
Website
Property
Owner Mailing Address Phone
slorage Equities PO Box 25025, Glendale (561) 737-1322
Heros Silva 3025 S Federal Hwy (561) 735-0007
3602 NFHB LLC 1 E Broward Blvd stE 70 (561) 735-6558
_______._._ _--z--- ..-._
Prabhu Corp 2728 N Federal Hwy, De (561) 272-9233
OJ LLC 2708 N Federal H ,De (561 276-4424
for Sale/Lease Sq. Ft,
11,331
500 43 Acres
103,392
~~__~-:-=>l1~_._~"""
2,434 38,768
3008 43560
126,545 280,090
mo,IMRU,:!___
I
1 FederalqarJting Applic WWoN.DAverS8naQi!~1
3 US1ACsel1 No W\oVW,us1acself:~toraae carr
----.._ - 1'&1'" _n._._.____
0 500 4 $8.00
0 103392 3 $12.00
. ~ ,.........~----....,..,.......-
0 2434
0 3008 3 sometimes $9.00
120,665 7
No
John Man oS.com
GAve Cammer,
5 ManaoJohl
3.0
Business
Contact
Website
Phone
561 ) 369-0950
for Sale/Lease
Website
Business
Contact
Property
Owner Mailing Address Phone
Nizer & Susan U 103 E Boynton Beach BI (561) 734-8439
Gloria Weiss Re,202 E Boynton Beach BI (561) 737-0001
Dr. Eric Herman 212 NE 2nd Ave (561) 733-7000
Adil Banushi 301 E Boynton Beach (561) 732-5172
306 BBB LC PO Box 1208, Boca Ratl (561) 251-9585
Seal Tite Enterpl2424 N Federal Hwy Apt (561) 374-9755
Seal Tite Enterpl2424 N Federal Hwy Apt 561-737-2774
Boynlon Shipwre 306 SE 1st Ave, Boyntol (561) 737-6667
Boynton Shipwre 306 SE 1st Ave, Boynto. (561) 752-8598
Boynton Beach 105 E Palmetto Park rd,
Mark Petracca 416 NE 2nd Ave (561) 732-7710
for Sale/Lease
8
4
8
9
4
4
4
4
4
4
7
4
3 BlIdslnc(cVbelsoulh.n~t
2
V
5600
12000
12000
105,179
2
2
17
1.8
Business
Contact
Bldg.
Lot
Owners
Email
Hiring Website
Comments
Annual Sales
Property
Owner
Vacant (V) or Sq Ft
Sq. Ft. Occupied (0) Occupied Lease rate
~'~~,':7';' .I:~\~. ' .' l" g;::;'+ "~" r~. ~.;,v;.~ ~.
"'. _::;"~.;.j?~,.'" -;];1- .'-
Type of
Business
Average Years in
Waqe Business
# of
Employees
,~.?:p; I
Mailing Address
for Sale/Lease
Phone
Sq, Ft.
. ""';':..r;l':i."4.~'~i~~':;,":
- ,i;@'{ 'l..~r.!';:'<!,GI(,.,,,t;;' ,r.i";~;{~,,'i "':ii'::11, ". ...,'j-;.'.:~)'fJ!,'.;rf_~":-ji'~-1;~~v.' ~;,>;;,...
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Business
Website
Property
Owner MailinQ Address Phone
Bobkatz Properti 306 SE 1st Ave, BoyntOl (613) 064-2999
Bobkatz Properti 306 SE 1st Ave, Boynton Beach FL 33435 4514
Bobkatz Properti 306 SE 1st Ave, Boynto! 561-731-0037
Bobkatz Properti 306 SE 1st Ave, Boyntol 561-374-9111
Seal Tite Enterp. 2424 N Federal Hwy Apt 561) 737-7506
Contact for Sale/Lease
5
1 Q,<<l'!Jionrealtv(1lJaol.com
2 Tcarcaccio@Juno.com
10530 13000 5130 23
Contact
Website
for Sale/Lease
4
4
4
4
4
6000 8
V 8
27438 4
25700 20 $6.00 4 2
7996 8
7840 6 4 3
2063 5850 0 2063 8.00 2 7 4 2
3334 6378 0 3334 8.00 0 4
0 8.00 5 2006 4 2
2954 37725 0 2954 22 4
6000 18000 0 6000 25 $9.00 15 4 3
41784 203511 32500 61 2.5
Page 5 of 10
Business
Property
usiness Owne Business Name Owner Mailing Address Phone
A 1 A Discount Bev. & Liquors RAJ Properties I 5728 Descartes Cir, Boy (561) 736-5616
Wei M Li Lucky Chinese Take-out Entell' RAJ Properties I 5728 Descartes Cir, Boy (561) 742-4210
Lavila Dorsainvil Saint Jacques Botanica RAJ Properties I 5728 Descartes Cir, Boy (561) 737-0100
Glen Sheets G & C Pawn and Buy-Sell RAJ Properties I 5728 Descartes Cir, Boy (561) 736-1616
Lavila Dorsainvi Azaka Supermar1<et RAJ Properties I 5728 Descartes Cir, Boy (561) 736-8080
Kevin La Montagne, ESQ, Robert & Laura f 1016 NW 8TH st, Boynt' (561) 732-0100
Kevin La Montar Sellers Only Real Estate Robert & Laura f 1016 NW 8TH st, Boynt' (561) 732-7370
Juan Gavilan Kentucky Fried Chicken Jaha Chicken Inl 1445 N Congress Ave, [(561) 369-3822
Ken Zengage Mainstreet Brushless Car Forward progres 201 E Boynton Beach BI (561) 734-7608
Randall Ebling DC Randall & Mary 1770 Enfeild Ct, Delray BI (561) 732-1540
Gre Pientka Palm Beach Eyes of Bo nton Salvatore Decan 2515 state rd 7 # 210, VI (561 732-8088
180000060
180000040
Michael P Powel ABC Rentals, Inc.
Planel Vanossa
<417 E Boynton Beach Blvd
(4g~j[<iYn!~~~~~;g~
509 E Boynton Beach Blvd 26-007-0010 Dorothy Brlnkma Bud's Chicken & Seafood
510 E Bo nton Beach Blvd 03-001-0030 Ha Hatch Ace Hardware #8937F
Micheal Powers 2866 SW 9TH st, Boynt, (561) 739-9888
Micheal Powers 2866 SW 9TH sl Bo nt, 561 276-3540
Micheal Powers 2866 SW 9TH st, Bo nton Beach FL 33435 7910
o Brinkman
Ha Hatch
509 E Boynton Beach BI (561) 732-3618
510 E Bo nton Beach BI (561 732-9224
1614 5 Federal Hwy 00-000-1370 Liu C Chen 5ushi 5imon Wooibright Deve 3200 North Military Trail, (561) 374-0998 1,074 0 1074 3 0 4
16165 Federal Hwy 00-000-1370 Kirk & Gregory L Neoceilular Woolbright Deve 3200 North Military Trail, (561) 369-5052 500 0 500 3 4
16185 Federal Hwy 00-000-1370 Venkat Puskur Quizno's Woolbright Deve 3200 North Military Trail, (561) 752-4706 1,700 0 1700 $6.90 0 4
16205 Federal Hwy 00-000-1370 James Kufeldt Winn-Dixie stores, Inc. #259 Woolbright Deve 3200 North Military Trail, (561) 736-1264 59,960 0 59960 10 4
16225 Federal Hwy 00-000-1370 Rent-A-Center, Inc. Woolbright Deve 3200 North Military Trail, (561) 732-2777 3,727 0 3727 $10.00 8 4
16255 Federal Hwy 00-000-1369 Pizza Hut Del. #012554 Woolbright Deve 3200 North Military Trail, (561) 738-4884 1,540 0 1540 19 4
"265 Federal Hwy . . 00-000-1370 Phillip Castillo Causeway Coin LaunDry, Inc. Woolbright Deve 3200 North Military Trail, (561) 737-2161 2377 0 2377 1 22 4
?!f,~~rr:~i!:C:?;}(l;Z;!f;.;\'ftl?f'iQQ,jQQ(Bj}~'l!!~l;I~'d.l~~~:tmml\:j)[\Sw.~~~lO'Q.iEfPAiMl!JlS.JiO:;f.fi!l'If~~mQJ'Z~~,~J{~\~Kr.Jq!n($!!;{'4QQ!4~f~:O,!IDBj@.'\NI[~~ql1turf![~~;iiiE:''ii~:,\!;;:r:::;'';l~;;'2;5([f!:g;;~l'!!"T~'V~i~'ffi~~2:"I!:,:i;rr:i;):!7::;";;!::::7:@~~~ft'~~[rj~!~~.l:Jil:7~!~!!2[~;iZl\!1iT:':
,630 S Federal Hwy 00-000-1370 Thu Ha Nguyen T & H Nail 5alon Woolbright Deve 3200 North Military Trail, (561) 702-0862 2,468 0 2468 6 4
16325 Federal Hwy 00-000-1370 Alan Rosskamm Jo-Anne Fabrics #1452 Woolbright Deve 3200 North Military Trail, (561) 734-6324 14,938 0 14938 20 11 4
16345 Federal Hwy 00-000-1370 Walgreens #00074 Woolbright Deve 3200 North Military Trail, (561) 737-1160 20,000 0 20000 40 15 4
18105 Federal Hwy 000001380 Paul Raffa McDonalds Old Colony Inc 1810 S Federal Hwy, Bo (561) 737-4848 5,550 56,100 0 5550 60 $8.00 17 4
1815 S Federal Hwy 00-000-1340 Richard stowe Nutrition Cottage of Delray Betty Patterson 531 SE 18TH Ave, Boyn (561) 734-4626 1,746 21,700 0 1746 31 4
1815 S Federal Hwy 00-000-1340 Joan Cirillo Joan's Hair Salon Betty Patterson 531 5E 18TH Ave, Boyn (561) 732-5369 873 0 873 14 4
18155 Federal Hwy 00-000-1340 James Pattersor Natural Forest Betty Patterson 531 5E 18TH Ave, Boyn (561) 734-1884 1,746 0 1746 2 31 4
18155 Federal Hwy 00-000-1340 Dr, Timothy Kehrig, M.D. Betty Patterson 531 SE 18TH Ave, Boyn (561) 737-7787 873 0 873 3 7 9
1901 S Federal Hwy 000001480 BrentBrowning FioridaDental&DentureCtr JudithZufi 641 ReinanteAve, Miam(561) 738-5974 3,298 41,817 0 3298 14 $13.00 11 9
1919 S Federal Hwy 000001250 City of Boynton Beach City of Boynton PO Box 310, Boynton 8,256 40,600 0 8256
19205 Federal Hwy 000001470 Jakia Begum Miami 5ub's & Griil Zuhair Marou! 2360 N Federal Hwy, Bo (561) 369-8990 2,484 24,888 0 2484
19355 Federal Hwy 000001260 Cypress Gardens Brea Boynton BE 3131 Elliott Ave ste 500, (561) 736-2424 87,683 0 87683
1950 S Federal Hwy 000001020 John & Deborah Boynton Beach Billiards, Inc. John & Deborah 4875 Bucida rd, Boynton (561) 736-7665 10,560 35,612 0 10560
20055 Federal Hwy 020000010 Kevin Scuily Scuily's Restaurant Kevin 5cuily 941 Brookdale Dr, Boynt (561) 733-4782 1,880 19,097 0 1880
2011 5 Federal Hwy 000001122 Rev. Tyrone 5w, Church of Our 5avior, MCC Church of our 5, 2011 5 Federal Hwy, Bo (561) 733-4000 2,590 20,063 0 2590
20155 Federal Hwy 000001270 Mike 5ulivan The Palace Game Room ALL BRITE CAR 1601 S Federal Hwy, 3,312 34,800 0 3312
2521 5 Federal Hwy 000005040 Robert Lalane Jr. DMD Gator Dentallnc 25215 Federal Hwy, Bo (561) 732-3079 1,608 60,000 0 1608
2607 S Federal Hwy 000005070 Richard 5wiersz, Atlantic Lodge Ryszard Swiersz 2607 S Federal Hwy, Bo (561) 732-4446 7,046 60,000 0 7046
2617 S Federal Hwy 00-000-5080 John 5nowden Jo-Als Restaurant Beach Break En' 3812 S Lake Dr, Boynton Beach FL 33435 8544 2,094 14,810 0 2094
2703 5 Federal Hwy 000005090 Marian 5kowron Loraine Court Motel Marian & Jadwlg 2703 5 Federal Hwy, Bo (561) 732-6440 5,167 60,000 0 5167
2755 S Federal Hwy 1 000005100 Mohammed Cha First stop Food Desiderio Corp 1000 White Dr, Delray B, (561) 364-9065 985 60,000 0 985
27555 Federal Hwy 2 000005100 Mohammed Cha First stop Food Desiderio Corp 1000 White Dr, Delray Beach FL 33483 6527 985 0 985
27555 Federal Hwy 3 000005100 Cynthia Brunot Envirospect, Inc. Desiderio Corp 1000 White Dr, Deiray B, (561) 522-0150 985 0 985
2755 S Federal Hwy 4 000005100 Ross Ross Karate Desiderio Corp 1000 White Dr, Delray Beach FL 33483 6527 985 0 985
2755 S Federal Hwy 5 000005100 Carmen Irving Point of View Desiderio Corp 1000 White Dr, Delray B' (561) 737-3479 985 0 985
27555 Federai Hwy 6 000005100 Bryan W Power Powerbodies, Inc, Desiderio Corp 1000 White Dr, Delray B' (561) 750-9422 985 0 985
27555 Federal Hwy 7 000005100 Marin Ferreil American Credit Bureau, Inc, Desiderio Co 1000 White Dr, Delra Beach FL 33483 6527 985 0 985
S Federal Hwy
Address
'5 5 Federal Hwy
7 S Federal Hwy
.09 5 Federal Hwy
413 S Federal Hwy
515 S Federal Hwy
625 S Federal Hwy
625 S Federal Hwy
717 S Federal Hwy
725 S Federal Hwy
721 S Federal Hwy
727 S Federal Hwy
901 S Federal Hwy
911 S Federal Hwy
915 S Federal Hwy
1000 S Federal Hwy
1001 S Federal Hwy
1021 S Federal Hwy
1080 S Federal Hwy
1100 S Federal Hwy
1100 S Federal Hwy
1147 S Federai Hwy
1305 S Federal Hwy
1305 S Federal Hwy
1317 S Federal Hwy
1520 S Federal H
S Federal Hwy
2755 S Federal Hwy 11
2755 S Federal Hwy 12
27555 Federal Hwy 13
2755 S Federal Hwy 14
2755 S Federal Hwy 15
2755 S Federal Hwy 16
2755 S Federal Hwy 17
2755 S Federal Hwy 18
2755 S Federal Hwy 19
2755 S Federal Hwy 20
'921 S Federal Hwy
21 S Federal Hwy
,923 S Federal Hwy
Website
Business
Property
Owner MaillnQ Address Phone
Sun Trust Bank 919 E Main st, 14TH Fir (561) 369-2700
Frank & Patricia PO Box 418, Boynton BE (561) 329-1949
Frank & Patricia PO Box 418, Boynton BE (561) 752-3131
Frank & Patricia PO Box 418, Boynton BE (561) 364-2205
515 Ma~in LLC 136 Gu~stream Dr, TeqL (561) 736-8600
Mary Law 6255 Federal Hwy, BOYI (561) 737-6900
Mary Law 6255 Federal Hwy, BOYI (561) 732-7413
(561) 737-7304
(561) 732-4247
(561) 732-2638
(561) 364-4250
Washington Mut PO Box 4900 Dept304, (561) 732-8164
5undowner LLC 1112 Westwicke Ln, Lutl (561) 732-9263
CRA
(561) 742-4910
5eaglades Inves PO Box 99900, LouisvillE (561) 734-7272
City of Boynton
Mccandy Boynto 263 Ocean Blvd, Miami FL 33160 2209
C P H Group LU650 Castilla Ln, Boynton (561) 369-1146
C P H Group LU651 Castilla Ln, Boynton Beach FL 334356104
Har Dip INC 11475 Federal Hwy, Bo (561) 737-0083
Patricia Hoffman 777 W Panorama rd, Pa (561) 737-9020
Patricia Hoffman 777 W Panorama rd, Pa (561) 737-9020
RHC Associates 130 Royal st 3WB, Cane (561) 732-0088
Ana nostakis In, 1520 5 Federal Hwy, Bo (561 732-5229
Business Name
Wachovia Bank NA
Phone
ContaGt for Sale/Lease
10576
1540
1540
1540
3821
2600
717
1100 37,00
1100 37.00
1100 37,00
1100 37,00
54,600 4568
14686 Acre' 4815
0
0 21
1,600 13,865 1600 18 $6,95 11
10,090 37,000 10090
1638 6250 1636 7 9
650 17,808 650 18,50 1 16 4
625 625 18.50 2 0 8
2,088 20,117 2088 3 5 4
2,000 20,000 2000 14 4
1,360 20,000 1360 14 4
2,052 17,550 2052 11 4
1,885 30,625 1885 4 $15.00 17 4
60,105 411480 60,105 68
Contact
for Sale/Lease
Website
070010202
070030091
070030091
Business Name
5un Trust Bank
Louis Baccari Fassst Cash Pawn
Alan Rajkumar One Price Dry Cleaners
Maria Occhipinti Ria's 5alon & Day 5pa, Inc,
Mitchell Lampert Florida Healthcare Associates
Mary L Law Law Real Estate Corporation
Biana Jones Flowers by Biana
Mynn Hung T La Gators LaunDry Bin Corp
VERONICA MC' Uptown Hound Grooming
Christel Cunning Plaza 700 Hair Design
Phatcharin KeisE Try Thai by Pat
Washington Mutual Bank
Craig Preifer Tiki Motel
CRA
Larry Glassman Glassman Development Corp
Papa John's Pizza #1076
City of Boynton Beach
The Dental Team
Gayle Littlefield The Hair Garden, Inc,
Allen William Ma Peter Gannon, ARNP, PA
Rita Patel Har-Dip Food Mart
Monira Ahmed Kwik Coin LaunDromat
Monira Ahmed Kwik stop Food store
Maheshkumar P Dunkin Donuts
Micheal Anagno' Wooibri ht U-Gas
1
2
1
3
000005040
000005060
240000200
240000180
240000140
24-000-0030
240000010
240000010
010000560
010000010
010000010
010000031
000005120
4
2 Hair Dresser
2 MAHILAW@aolcom
1
1 stakis ao!. com
2,2
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5
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4
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$15,00
$12,00
o
4
18
6
11
1
9
11
42
28
5
4
9
4
4
11
4
9
10
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10
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8
9
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9
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1
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000005100 Mega Real Estate Services, Desiderio Corp 1000 White Dr, Delray B,(561) 740-0155
000005100 Gary Susser Attomey at Law Desiderio Corp 1000 White Dr, Delray Beach FL 33483 6527
000005100 Gary Susser Attomey at Law Desiderio Corp 1000 White Dr, Delray B, (561) 735-4636
000005100 Gustav Lippke Combined Advance Tech, 5ys Desiderio Corp 1000 White Dr, Delray B, (561) 736-0409
000005100 Mary Blackbum Alphabest Education, Inc, Desiderio Corp 1000 White Dr, Delray B, (561) 414-5761
000005100 Paul Morgan Paul Morgan Lighting Desiderio Corp 1000 White Dr, Delray B, (561) 740-4773
000005100 Paul Morgan Paul Morgan Lighting Desiderio Corp 1000 White Dr, Delray Beach FL 33483 6527
000005100 Bryan W Power Powerbodies,lnc, Desiderio Corp 1000 White Dr, Delray B' (561) 731-4776
000005100 Desiderio Corp 1000 While Dr, Deiray Beach FL 33483 6527
000005100 Cemilla Walker All Professional Health Desiderio Corp 1000 White Dr, Delray B, (561) 742-2610
000005110 Nick Van Echte" Homing Inn Chorwadi Mata I 6525 Jessy CT, Lake W, (561) 369-2600
000005021 Rumana 5arker Texaco DBR Lease Excl681 Encitas Blvd stE 40: (561) 736-1916
8,4345E+15 Sanvilis Poit Du' Bethesda Tabemacle Christian Christian & Missi PO Box 7734, Delray Be (561) 375-6155
985
985
985
985
985
985
985
985
985
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25,694
1,156
12,144
329,443
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985
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1156
12144
320,400
294
2
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33,101
15,500
r,A 1.280
Page 6 of 10
Si= 4th st
Address
115 SE 4th st
221 SE 4th st
11 SE 4th st
26 SE 4th st
SE 6111 Ave
Address
505 SE 6th Ave
507 SE 6th Ave
509 SE 6th Ave
SE 18th Ave
Address
501 SE 18th Ave
Woolbriqht rd
Address
500 E Woolbright rd
504 E Woolbnght rd
510 E Woolbright rd
512 E Woolbright rd
514 E Woolbright rd
516 E Woolb' t rd
524 E Woolbright rd
E
570 E Woolbright rd
600 E Woolbright rd
611 E Woolbright rd
641 E Woolbright rd
700 E Woolbright rd
C4 Gf'neral Commercial
N Old Dixie Hwy
Address
3025 Old Dixie Hwy
3025 Old Dixie Hwy
NE 2nd st
Address
510 NE 2nd st
John Antloco Blockbuster Videos, Inc. Woolbright Deve 3200 North Military Trail, (561) 736-7337 6,705 0 6705 6 $9.00 17 4 Taking Applications
Wendy's Old Fashioned Woolbrighl Deve 3200 North MIlitary Trail, (561) 742-2855 0 0 6 4
(27)6100110' Mohammed Mar Sumon Enterprise, Inc. Woolbright Equit 55 Fifth Ave FL 15, New (561) 306-1371 0 0 2 8
Dana Donaty Designs (561) 504-3374 0 0 3 4
010000012 John Therein Prime Catch Restaurant Holdi 900 E Atlantic Ave stE 1 (561) 737.8822 7,889 31,799 0 7889 40 $750 4 4 4 Servers, Busboys, Hosts
B8,267 3'\,799 69.132 115 2.3
Contact
for Sale/Lease
3,000 7,000 0 3000
900 0 900
1,800 13,419 0 1800
3,622 41,250 0 3622
3,622 41,250 0 3622
760 9,750 0 760
46.570 177,572 28,268
Page 7 of 10
Business
Contact
Business
Owner Business Name Mailing Address Phone
Jroge Macia & Rosa Marin MOIPA Macia Marin Fan 219 Bird rd, Miami FL 33 (561) 732-2701
Bellsouth Telecommunications Southem Bell Te 675 W Peachtree st RM (404) 249-3551
Robert stephens C.K.'s Lockshop and Security stevo Inc 301 SE 4TH st, Boynton (561) 732-9418
Jeff Tomberg, Lawyer Roberta Tomber' PO Box 1426, Boynton Beach FL 33425 1426
for Sale/Lease
Business
Contact
for Sale/Lease
Mailing Address Phone
Roberta Tomber, PO Box 1426, Boynton E (567) 732-6509
Roberta Tomber, PO Box 1426, Boynton E (561) 732-5995
Roberta Tomber- PO Box 1426, Bo nton E (561) 733-2505
Business
Contact
Phone
734.2655
for Sale/Lease
Business
Centact
for Sale/Lease
Business
Contact
for Sale/Lease
Business Name
Precision Automotive
0& R Auto Salon, Inc.
Business
Conta ct
Phone
369-1045
for Sale/Lease
property
Owner
Phone
Business
Michael & Julia Dechants
Monnin Properties LLC
Monnin Properties LLC
800 NE 3rd st Paul Smith Racing
~.NE .3rd 51 ,._.w., 00 , 1!?0_~1090. " .' . AIRCOMO .~. . w ,,..AIRCOMO
J~;,!ill~h[~~1~ml;W,:,tfi%,1;!!%~1~~~E~~im;~~~;~&~~:l,'\;\RI!'"
824 NE 3rd st 18-000-1080 Charlie Charie's Auto Repair Pica Famil
800 NE 3rd st
800 NE 3rd st
(561) 738-0864
561) 736-5747
Trus 10426 Vereda Cir, Boynton Beach FL 33436 4435
Web site
25
3
37
5
4
8
3
1
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13,500
13.500
Website
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2
2
1,529
5,375
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PrecisionAutomotive Repair bz
15,000
Website
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Address
406 NE 3rd Ave
4 i3 NE 3rd Ave
3 NE 3rd Ave
Business Name
Contact for Sale/Lease
Web site
UE 3fO Ave
Business
Address
101 NE 5th Ave
517 NE 5th Ave
Business Name
Treasure Chest
Nature Craft Marble, Inc.
Business
Contact
Website
t_E 5th Ave
for Sale/Lease
3 naturalcraftl)larble@ ahoo com
3
NE 6t1"I Ave
Business
Website
Business
Address PCN Owner Business Name Contact for Sale/Lease
234 NE 6th Ave 08-43-45-21-' Tom Mccord J.S. Auto Scott Pressman, 561-601.-7774
403 NE 6th Ave 180000931 Walter Holly Holly Accumulator & Electronic Burchar 188 Laas Brisas Cir, Lan (561) 737-3891 2000 20909 0 2000 21 4
403NE6thAve 180000931 Burt Epstein Wholesale Car Warehouse Burchar 188 Laas Bnsas Cir, Lan (561) 540-8189 700 0 700 V 4 4 -" ....-
403=NEt6th A~; '"~H_'" -. 'i'80000931 'Fra~k Hondley F Ringdahl Pest Control, Inc: . -Surchar ..., 188 L;;~~' B~~;;s"Cii:Ca;; (56'iYi37:64'i3"'-- "".. . ,,-....,----. ---'.. ~,.._,,_..," "., 800 ...... .- -...=- 0 . '".... .~, 800 .- ~.,._. u... ,~, ,... .. 3' 8
417 NE 6th Ave 180000961 David Floenn Eastern Body & Glass, Inc./ Ea David Floerin 417 NE 6TH Ave, Boyntl (561) 369-4356 1950 10400 0 1950 4 19 4
11290 49809 9290 5
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1.0
N Federal Hw
Business
Website
Type of
Address Business Name Phone Contact for SalefLease Business
101 N Federal Hwy 03-006-0130 Christoff Dieser Ocean Food Market Shamsad Islam 657 Riviera Dr, Boynton Beach FL 33435 6152 1792 12000 0 1792 3 $8.00 2 4 1
?24 N Federal Hwy "'..~ 0300202,30 Luis Gamba LG 1~..fert-ExportJ Inc. __.,Micheal Born..!!.~~.?153 Cal~!li~~~~c (561) 601,:i326 .."".., ..,. . 887 . ,.. 1,4,300 O. 887 . . ~O 4,. . ~., ~". " . ", .. ,)jl_"" ""_"'''!fr-
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802 N Federal Hwy 030010241 Suzette Urs & BI URS Art studio Galley, Inc. Suzette Urs 802 N Federal Hwy, Boy (561) 735-0116 2,134 5,983 0 2134 1 12 8 1
1114 N Federal Hwy 000030010 Melinda Spiro 1114 N Federal Hwy, Bo(561) 738-1232 3,166 17,679 0 3168 6 8
1304 N Federal Hwy 080000120 Robert Fedlman Clear Copy Inc Ciear Copy Inc 1304 N Federal Hwy, Bo (561) 369-3900 2,256 11,200 0 2256 9 4 2 3
t!?,~O,N ,Federa~ H~ ; .:'~,,~ ~;;~ 7,OOO~92 ": Ph,~~~ ;:acon.. Sun;hin~ ~;:;,s:~~;~,~~aS:~Bham pa~ners ~ 108~2. Ca~y~n .Bay L~, E (561) 732-97~5 ,I ~ . , '~~'.,." ~" v'" :1'.'1 ..~~. ~v ". .. . .4~658 . ,r;:<o.;~:56~ "'. ,~ m7 ."" 465~3' ';';;N' ' ;:;t~l'7'\'.:r.""'!p., - 1 /, 7f/"$r,.;:n'4', t, ..... :,,~:~.~~,:,,~4,,:.. ~..~.;'~":'lr','l.~70:'({"'~~';f;~;;;!-r.,v.,;lfl. ,,~"~"~~;l:1!.~r~T-~"~~~};~~":~:~;k~i1~77:(~
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i'319N'F~d"e;7aIHWY " "000030120 Fransisco'Gra;;UH~uIC~-;;iFlorida"905-LLC U'Haul'CoofFi02727NCentraIAve7"Phc(561)737-0s15 -.-....,-,'--,",.,.. -_..."-",,... ,.".......' '1,647 "'~'21,344 .', -"0"= .... 1'647 "''''-'''.'~''''''~'-15 ' . ... 27' "4' -.....'.,. _ ~..." -.." ~ .." ,~".
N Federal Hw
Business
Website
Property
Address Business Name Owner Mallin Address Phone Contact for Sale/Lease
J1 N Federal Hwy Jorge Hernend.. 662 Mariners Way, Boynton Beach FL 33435 3246
513 N Federal Hwy Gladimyr Demes Jimmy's Barbershop Seashore Indust 515 N Federal Hwy, Boy (561) 503-6987
515 N Federal Hwy Jans Jewelers Frederick Johnson Seashore Indust 515 N Federal Hwy, Boynton Beach FL 33435 4122
517 N Federal Hwy 26-004-0050 st Yves Botanica ReligiOUS Seashore Indust 515 N Federal Hwy, Boynton Beach FL 33435 4122
[5?:1'~'r~<r~lfwxz;:~;~;:~;,,":;:~~~po";fijfJ1I~'1;:"!;:l~];,'[~J.)':i.;r~~~2ji~IZ:;!:'Zl:r;Ji\";:I~:":"2;'.~~~lHJ;i]1~ti"~~~JB:1\'1e;:B~:WBi~~Q~~;SW~:O:$,'i;::;;:"'r;':,~":=,':. .:.;:7"'.'
609 N Federal Hwy 260010080 Frank Consumer Auto Collision Loufranco Mana, 609 N Federal Hwy, Boynton Beach FL 33435 4124
612 N Federal Hwy 29-000-6140 East Coast Insurance Kenneth Clari< 614 N Federal Hwy, Boynton Beach FL 33435 4125
614 N Federal Hwy 29-000-6140 East Side Creative Hair Salon Kenneth Clark 614 N Federal Hwy, Boynton Beach FL 33435 4125
622 N Federal Hwy 02-001-0030 Allstate 622 North Feder 622 N Federal Hwy, Boynton Beach FL 33435 4125
619 N Federal H 260010010 Ann B Aive Good ear Donald Besecker
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812 N Federal Hwy 320050230 Rome Augustin La Caye American W. Indian M Rome & Valcina 230 Seacrest Ln, Deiray (561) 364-7613 3,128 15,228 0 3128 1 18 4
902 N Federal Hwy 3200402~0 , Neal Natour "Neal'S Autohaus, Inc, .. NNTNGN LLC 902 N Federal Hwy, Boy (561) 737~480 1,196 17,876 0 1196 2. .. 5. , .. _ ,,3 ,,_. .... ._.. ..... '.. "'~'_'''''..'_'' '"'.. ~""'''''''''''''''.''''''.-'- "M' ..,....-.--.. ...... n,
915 N Federal Hwy 320010061 Michael & stacy M & M Tv and Appliance, Inc, Michael & stacel 5587 1st rd, Lake Worth (561) 369-3867 1,974 10,722 0 1974 5 18 4 2
925 N Federal Hwy 320010041 Raymond Moore Moore's Discount Muffler's & B B & R Moore Inc 925 N Federal Hwy, Boy (561) 737~799 1,880 10,500 0 1880 27 4
1002 N Federal Hwy 320030230 James Ireland Fraternal Order of Eagles Fratemal Order< 1002 N Federal Hwy, Bo (561) 734-8155 3,315 14,169 0 3315 14 4
1009 N Federal Hwy 320010030 Jack Taylor Enterprise Rent-A-Car Three 608662 C, 110 Monte Vista, Dellard (561) 375-8775 504 9,227 0 504 10 4
1017 N Federal Hwy 320010010 Troy Davis BBO Maria Barrera 3675 N Federal Hwy, De (561) 740-1125 364 10,800 0 364 11 4
1022 N Federal Hwy 320030200 Christ er Han Fish Depot Yellowbeard Inc 707 SW 28TH rd, Miami (561) 375~834 16,569 2049 0 4
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Address
314 W Industrial Ave
~90 W Indu~trial Ave
f4pgOO1~Illi!i!, ;,
402 W Industriel Ave 1
Business Name
Phone
Contact for Sale/Lease
Website
W Industrial Ave
Business
steve Thom son, Inc.
422\^JlndustriaIAVS,1 170000330 RaymongMarcirMarcinkoskiGradall,lnc ~~y'mondiv1anjrl065RJ'?]re~~.S,L~keii'(561}738-8i22.. ,1100 212:0 _ 0 . "I< 1)00 ~ ,~, ' 8 23.. 1, . .r.t:'!1;'~, ,',' 2. .:; ~~,",,"1lN'~':{~
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422 W industrial Ave 8. 170000330 Richard Beaulie Beaulie Sculpture studio Raymond Marcir 1065 Ridge rd S, Lake \r (561) 736-9469 1100 21210 0 1100 1 20 .4
516 W Industrial Way 170000300 Freddie's Foreign Car Service (561) 734-4419 1200 22860 0 1200 30 4
'20 W Industrial Ave 170000290 George Anagno' Chuck's Auto Repair Mihal Anagnosta 520 W Industrial Ave, Be (561) 734-1392 1800 8160 0 1800 2 4
'6 W Industrial Ave 170000240 steve Hunt Noted Automotive Center Mlchaal Marshall 606 W Industrial Ave, Be (561) 736-3833 3000 16756 0 3000 3 4
.28 W Industrial Ave 17-000-0230 Daniel Jaques N & D Auto Bod, Inc, Daniel Jacques 680 W Industrial Ave, Be 561 732-8839 1350 7923 0 1350 19 4
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Address
Business Name
Mailing Address
Business
Conta ct
180000961 David Floering Eastern Auto Bodv & Glass, In' David Floerinq 417 NE 6TH Ave, Boynt' (561) 369-4356
,,_c':;" "'1S::Q61l.102iF"'.,,);:;"':;;'i'7;' . ""'0".',,,;: ""':;;";':Tr~";,~.;'K""':Alic,rSnovr'-':;;lZO'St-3id;Ave:'13oynton BeaOh FL 334354525 .'" ,"
Phone
for Sale/Lease
417 NE 6th Ave
121 NE 7iirAVe-, , ,
N Railroad Ave
Address
313 N Railroad Ave
321 N Railroad Ave
401 N Railroad Ave
409 N Railroad Ave
417 N Railroad Ave
505 Railroad Ave
555 Railroad Ave
555 Railroad Ave Bay 8
555 Railroad Ave
905 N Railroad Ave sl A
905 N Railroad Ave B
E Bovnton Beach Blvd
Business Name
Mailing Address
Business
Contact
Phone
for Sale/Lease
180000150 Kenneth Schwei Royal Palm Awnings Mcken LLC 321 N Railroad Ave, Boy (561) 735-3288
"180000160" Kenneth Schwel Royal Palm Aluminum, Inc. Mcken LLC 321 N Railroad Ave, Boy (561) 735-3288
180000181 Michael Pioneer Auto Care Beaubrun Invest 8603 Woddgrove Harbol (561) 375-7977
180000190 James Dodge Boynton Auto Clinic Boynton Auto W 409 N Railroad Ave, Boy (561) 734-5883
180000220 Mario & Colette Ferazzoll Mario & Colette 14855 Pine Tree rd, Boynton Beach FL 33436 4830
180000510 David Taylor Taylor Pneumatic Tool Compar David & Jacqueli 505 Railroad Ave, Boynt, (561) 732.1111
180000530 Edward Lamons Welding Servi Biari Realty Cor; 9935 Harbor Lake CIR, E (561) 740-3038
180000530 Daryl Mekel Boynton Window & Door Hardv Biart Realty Cor; 9935 Harbor Lake CIR, E (561) 736-2725
180000530 Austin stevensOl Austin Auto Bod & Weldi Biart Realt Cor, 9935 Harbor Lake CIR, E (561 503.1128
180001480
180001480
Address
700 E Boynton Beach Blvd Unit 10 620011004 Sheri Lobal
700 E Boynton Beach Blvd Unit 11 620011106
Business Name
Data Analysis
No. of Existin Businesses:
B Classification:
Construction
Manutactunn
Wholesale Trade
Retail Trade
Transportation, Warehousing &
Utilities
437
Avera e Reported Wa es:
B Classification:
Construction
Manufacturin
Wholesale Trade
Retail Trade
Transportation, WarehOUSing,
& Utilities
18
12
11
194
16
ormatIon
, Inancial Actlvltles
Professional & Busmess Services
Education & Hea!th ServIce:::
2
24
80
tlS
25
7
Information
FinancIal ActIVitIes
ProfeSSional & Business Servi
Edu::atior. & Healtrl Services
Leisure & Hospitality
Other
Leisure & Hospitality
Other
Commercial Sq Ft AvaIlable"
Commercia) Sq Ft OccupIed:
Vacanc Rate as a pct
Avera e Lease Rate (NNN)
1.217,664
1.028,540
15.53%
$2847
Industrral Sq Ft Available
Industrial Sq Ft Occupied
Vacanc Rate as a Pct
Avera e Lease Rate NNN)
Boynton Beach 1905 N Railroad Ave # 2, (561) 736-5485
Bo nton Beach I 905 N Railroad Ave # 2, 561 932-0164
Mailing Address
Busi ness
Contact
Allan Linderman 1739 Tudor Ln Unit 206, (561) 706.6161
Allan Linderman 1739 Tudor Ln Unit 206, (561) 733-1717
Phone
for Sale/Lease
Average
$15.00
Not Available
$18.00
$10.45
$1200
$20 00
$12.83
$17 00
$15.64
$20 00
$11.50
499,357
379.312
24.04%
$1118
Median
$15.00
Not Available
$1800
$900
$1200
$20 00
$1350
$1700
$1300
$20 00
$11.50
Average Sales Level
Overall :
B Classification:
Constructton
Manufacturin
Wholesale Trade
10400
. 20,460':;
30800
924
924
44712
20755
20755
189145
Website
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Retail Trade
Transportation, Warehousing, &
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Information
FInancial Actlvlt!es
Professional & BUSiness Services
Education & Health Services
Leisure & Hospitality
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19
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iIii East Side- West Side-Seaside Renaissance
eRA BOARD MEETING OF: February 10,2009
I I Consent Agenda I X I Old Business
New Business I I Legal
Other
SUBJECT: Update on the Homebuyers Assistance Program, Residential Improvement Program and
Commercial Fa9ade Grant Program
SUMMARY: The agency's Homebuyers Assistance Grant Program (HAP) was approved by the
CRA Board at their regular meeting held on August 8, 2006, under the Heart of Boynton Work Plan.
The HAP program offers grants to income eligible first time home buyers for down payment assistance
for gap funding up to $50,000. Since the implementation of the program, the CRA Board has provided
over $1,400,000 in HAP grant funds to thirty (30) individual homebuyers (see attached).
Additionally, under the Heart of Boynton Work Plan, the CRA Board approved the Residential
Improvement Grant Program (RIP). The RIP program offers grants up to $20,000 to income eligible
households for the repair or installation of exterior items such as roofs, doors & windows and hurricane
shutters. During FY 2007-08, the RIP program completed seven (7) grant projects in the amount of
$140,000. Currently, the program is assisting an additional seven (7) households with grants totaling
$91,600 (see attached).
The agency's Commercial Fa9ade Grant program offers commercial property owners, within the CRA
district, a reimbursable grant up to $15,000 for fa9ade improvements in an effort to stimulate property
enhancements within the commercial zoning areas. Improvements such as exterior painting, lighting,
signage, awnings and landscaping are eligible under the program. Since being approved by the CRA
Board, the commercial fa9ade program has awarded over $120,000 in grant funding to ten (10)
individual property recipients (see attached).
FISCAL IMPACT: N/A
CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Heart of Boynton
Redevelopment Plan, Federal Highway Corridor Plan.
RECOMMENDATIONS: N/A
c;~~~~
Michael Simon
Development Manager
J
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Grant Program Update.doc
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Ii East Side-West Side-Seaside Rena",ssance
REVISED
eRA BOARD MEETING OF: February 10,200(;
I I Consent Agenda I X I Old Business
New Business I I Legal
Other
SUBJECT: Consideration of Second Amendment - SE Federal Hwy. Corridor Water Main, Storm Water
Roadway Improvement Project (4th Street Utility Project)
SUMMARY:
. February 7,2006, the City and CRA entered into an Interlocal Agreement for the purpose of
sharing the cost of various improvements along the SE 4th Street Corridor (ILA attached). The
CRA share of the cost was $1,123,000.
. The CRA received a commitment letter on May 20, 2008 from Palm Beach County
Commissioner McCarty for $300,000 to cover streetscape elements of the 4th Street Project (See
attached).
. The CRA Board agreed to reduce the $1,123,000 by the $300,000 grant and defer $823,000 from
FY08-09 Budget to be paid in 2010 to cover 4th Street expenses. (See attached Minutes)
. At the CRA's Budget Discussion on August 7, 2008, the City Manager confirmed the $823,000
can be carried by the City unti12010.
. At the CRA Board Meeting on Segtember 2, 2008, the Board approved moving $400,000 from.
the $823,000 designated for the 4 Street Project forward to the FY 2008-2009 budget to
partially fund the MLK Project.
. The ILA was amended on November 18, 2008 at the City Commission Meeting, the Commission
approved the first amendment to the ILA via the passing of Resolution R08-138 for sharing the
cost of improvements along SE 4th Street (see attached Resolution and Minutes). This included
revising the CRA cost sharing for an additional $150,000 approved at the October 14,2008 CRA
Board meeting bringing the total CRA cost to $1,273,000, excluding the reduction by $300,000
for the County grant (See attached Minutes)
. On December 9,2008 the CRA Plan was amended via resolution 08-07 to include 4th street as a
focus for infrastructure improvements. This would allow the CRA to partake in cost sharing of
this project (See attached Minutes)
. The amended cost of the CRA commitment is $973,000.
. The attached Amendment No.2 to the ILA reflects the amended cost and provides for the
deferral of payment of the $973,000 until the payment ofTIF revenues from the City and County
for FY 2010/2011.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\2-
10-09 Meeting\Southeast 4th Street Project - Amendment 2.doc
, '~<!Y~T2~ eRA
iIi East Side-West Slde-Seas',de Rena',ssance
FISCAL IMPACT: Amended ILA - $973.00(
CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopmen
Plan
RECOMMENDATIONS: Approve Amendment No.2 to reflect the revised eRA cost to $973,000
and formally defer payment until TIF funding is received for FY 20 I 0/20 11 ,
Susan Harris
Finance Director
James Cherof
CRA Attorney
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetingIFY 2008 - 2009 Board Meetings\2-
10-09 MeetinglSoutheast 4th Street Project - Amendment 2.doc
SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH TO
PROVIDE FOR THE INSTALLATION OF A PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH
STREET
This Second Amendment to the Interlocal Agreement, is made and entered into this
_ day of 2009, by and between the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, hereinafter referred to as "CRA" and the CITY OF BOYNTON
BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," and
WITNESSETH;
WHEREAS, the CRA and the City entered into an Interlocal Agreement dated
February 7,2006 (the "Interlocal Agreement"); and
WHEREAS, the CRA and the City entered into Amendment No. 1 to the Interlocal
Agreement dated December 9, 2008; and
WHEREAS, the CRA and the City agree to amend the Interlocal Agreement as
hereinafter set forth.
NOWTHEREFORE, In consideration of the terms and provisions hereof and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by each of the parties it is agreed as follows;
1. Section 3. COMPENSATION is hereby amended by revising the following
Paragraph 3.02 to read as follows;
3.02 The Table 1 'CRA Share' of $1,273,000 will be reduced to $973,000 upon the receipt
of the Count grant in the amount of $300,000, which grant although awarded to the CRA will
be paid directly to the City. Such grant is expected to be paid no later than September 30,
2009. The remaining balance to be paid by the CRA to the City of $973,000 will be paid to
the City upon billing by the City after the receipt of Tax Increment Revenue from the City of
Boynton Beach and Palm Beach County for the Fiscal Year 2010/2011. However, if
construction related to the CRA Share is not completed, no funds will be expended until and
unless such construction is completed and the CRA receives supporting documentation of
such completion of the CRA Share. Payments shall be made by the CRA no later than thirty
(30) days after receipt of an invoice and the supporting documentation from the City. Said
payments will be made payable to the City of Boynton Beach and mailed to Attn: Finance
Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach,
Florida 33425. In the event of any dispute between the City and consultant(s) or
contractor(s) over the right to receive all or any payments under the contracts(s), the CRA
shall comply with the direction of the City and shall be indemnified by the City as set forth in
Section 6 below.
C:\Documents and Settings\buckleya\Local Settings\Temporary Internet Files\OLK61 \Amendment No 2-
4th Street ILA.doc
2. In all other respects, tne parties ratify and confirm the Interlocal Agreemem daTE,
February 14 2006 and Amendment No, 1 dated December 9. 200f
IN WITNESS WHEREOF, the parties have set their hands and seals tnlf _. day of
.200l
BOYNTON BEACH COMMUNn .
REDEVELOPMENT AGENCY. a publIc
agency organized and existing: under the laws of
the State of Florida.
By:
----..---
Jerry Taylor, Chairman
Approved as to Form:
Jim Cherof, Esquire
CITY OF BOYNTON BEACH, a municipal
corporation organized and existing under
The laws of the State of Florida.
By:
Jerry Taylor, Mayor
Janet M. Prainito, CMC
City Clerk
CITY SEAL
C:\Documents and Settings\buckleya\Local Settings\Temporary Internet Files\OLK61 \Amendment No 2.
4th Street ILA.doc
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
THE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO
PROVIDE FOR THE INSTALLATION OF A PUBLIC IMPROVEMENTS ON
SOUTHEAST 4TH STREET
-Utl~ THIS AGREEMENT, made and entered into on the
.200'5 by and between:
1--1h
day of ~ bru()..t"'1
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
1 00 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
(hereinafter referred to as "CITY")
AND
CITY OF BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY,
a Public Agency of the State of Florida
639 E. Ocean Avenue, Suite 107
Boynton Beach, Florida 33435
(hereinafter referred to as "CRA")
WITNESSETH:
WHEREAS, CITY AND CRA (the "Parties") desire to install public improvements,
including, but not limited to on-street parking, sidewalks, stormwater drainage, streetlights,
water, and landscaping within the right of way for Southeast 4th Street from Southeast 1ih
Avenue to Southeast 2nd Avenue (the "Improvements"), which public improvements are located
within the boundaries of the CRA; and
WHEREAS, the Parties have negotiated and desire to enter into an Interlocal Agreement
("Agreement") for the Parties to share in the cost of design, installation, and construction of the
Improvements (the "Project"); and
WHEREAS, the Improvements are to be designed, installed and constructed pursuant to
Amendment No. 1 to Task Order No. U04-16-02 with PBS&J ("Amendment 1") which is
attached hereto as Exhibit A; and
WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best
interests of the citizens and residents of both cities to enter into this Agreement; and
WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal
Cooperation Act"), permits the Governmental Units, as public agencies under the Interlocal
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C:\Documents and Settings\brooksY\ViYian_shares\SE4th Street\CRA InterlocaJ (SE4th Street) (JO-05).doc
Cooperation Act, to enter into interlocal agreements with each other to authorize one governmenta i
party to exercise, on behalf of the other governmental unit, jointly held powers, privileges (lj
authorities which each such Govermnental Unit shares in common and which each might exercis,~'
separately, permitting the Goverm11ental Units to make the most efficient use of their pO\ver
enabling them to cooperate on a basis of mutual advantage and thereby provide sen'ices and
facilities in a manner and pursuant to forms of governmental organization that accords best \\ nil
geography, economy, population and other factors influencing the needs and development of such
Governmental Units; and
WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk I'll"
the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Tnterlocal
Cooperation Act; and
WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to Ih\.'
Interlocal Cooperation Act, to execute any and all docwnents necessary to effectuate and t\ \
implement the terms of this Agreement; and
WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the
Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and III
implement the terms of this Agreement; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the Parties hereto agree as follows:
Section 1.
RECITALS
1.01 The above recitals are true and correct and are incorporated herein.
Section 2.
TERM OF AGREEMENT
2.01 This Agreement shall be effective upon the approval of both parties and shall terminate at
the conclusion of the Project. This Agreement may be tenninated pursuant to Section 9 of
this Agreement.
2.02 At the conclusion of the Project, the Parties acknowledge and agree that the CITY shall
own, and be responsible for the maintenance and liability associated with the
Improvements.
Section 3.
COMPENSA TION
3.01 The Parties agree that the cost for the Project shall be shared by the Parties in accordance
with the terms of this Agreement. The cost of the Project includes all architecturaL
engineering, construction, and consulting fees associated with the planning, construction.
and completion of the Project. The estimated costs, and cost sharing for the engineering
and construction of the Project shall be as follows:
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C:\Documents and Settings\brooksv\ Vivian shares\SE4th Street\CRA Tnterlocal (SE4th Street) (10-05) doc
Table 1: Revised Engineering Cost Sharing for Amendment 1:
Task
Survey
Geotechnical
Design
Permitting
Construction Services
Electrical Sub consultant
Expenses
Total
Contingency
Total with Contingency
City Share
$ 0
o
CRA Share
$ 3,000
3,000
103,955
2,565
34,331
60,534
1.466
$208,851
10,443
$219,294
Total
$ 3,000
3,000
103,955
5,130
171,654
60,534
7,331
$354,604
17,731
$372,335
2,565
137,323
5,865
$145,753
7,288
$153,041
Table 2: Revised Estimated Construction Cost Sharing for Amendment 1:
Item City Share CRA Share Total
Roadway & Surface Imprve. $ 397,000 $ 250,000 $ 647,500
Stormwater & Irrigation 336,000 500,000 836,000
Water 210,000 5,000 215,000
Power Poles 0 200,000 200,000
FP&L Costs 0 TBD TBD
Lighting 0 536,000 536,000
Total 943,500 1,491,000 2,434,500
Contingency 94,350 149.100 243,450
Total with Contingency $1,037,850 $1,640,100 $2,677,950
The Parties agree to work in a cooperative manner to finalize the actual costs of
engineering and construction, and shall execute a written amendment to this Agreement
to provide for an updated cost sharing arrangement for the engineering and construction
costs, if necessary.
-. .
3.02 Upon completion of portions of the Project, CRA shall pay CITY the CRA's share of the
costs of engineering and construction. Payments shall be made according to a schedule
of payments set forth in the contract(s) entered into by the CITY and upon written
certification with supporting documentation by the CITY, that the task or tasks required
of the consultant(s) and contractor(s), as appropriate, for the requested progress payments
have been successfully completed. Payments shall be made by the CRA no later than
fourteen (14) days after receipt of an invoice and the supporting documentation from the
CITY. Said payments will be made payable to the City of Boynton Beach and mailed to
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S:\CA\CRA\CRA Interlocal (SE4th Street) (1O-05).doc
Attn: Finance Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard.
Boynton Beach, Florida 33425. In the event of any dispute bet\veen the CITY emu
consultant(s) or contractor(s) over the right to receive all or any payments under the'
contract(s), the CRA shall comply with the direction of the CITY and shall
indemnified by the CITY as set forth in Section 6 belo\\.
Section 4.
DUTIES AND RESPONSIBILITIES OF CITY
4.01 CITY shall be responsible for preparing contract documents, advertising for bids for the
Project, selecting the contractor to construct the Project, supervising the Project, and
insuring completion of the Project in accordance with the description of the Project as
contained in Exhibit "B" which is attached hereto and incorporated herein by reference.
The CITY shall provide the CRA with copies of all executed contracts in connection with
the Project and shall keep the CRA regularly informed as to its progress.
4.02 CITY will make available appropriate staff to work with CRA stat1 in the planning and
construction of the Project. It is further understood and agreed that, nothwithstanding the
CRA's participation in the planning of the Project and providing assistance in overseeing
the construction of the Project, the CITY retains all responsibility for compliance with the
terms and provisions of the various design and construction contracts as the Project
moves forward and for enforcement of the various contracts' terms as against the
consultant(s) and contractor(s).
4.03 CITY will make all payments it is responsible for making in connection with the Project
in a timely manner and will hold CRA harmless and will defend CRA against any claims
by any consultant(s) or contractor(s) that CITY has improperly failed to make required
payments under any Project contract(s), except insofar as any failure to make timely
payment is due to CRA's failure to comply with its payment obligations pursuant to thic;
Agreement.
Section 5.
DUTIES AND RESPONSIBILITIES OF CRA
5.01 CRA will make available appropriate staff to work with CITY staff in the planning and
construction of the Proj ect.
5.02 When requested, CRA shall provide CITY with documentation in its possession.
including, but not limited to maps, surveys, and photographs in order to assist with the
design and construction of the Project. Nothing contained herein shall require CRA to
create documentation it does not presently possess unless agreed to by the parties in
writing and included as an addendum to this Agreement.
5.03 CRA will make all payments it is responsible for making in connection with the Project
and as set forth herein in a timely manner and will hold CITY harmless and will defend
CITY against any claims made by any consultant(s) or contractor(s) that CITY has
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C:\Documents and Settin,gs\brooksv\Vivian shares\SE4th Street\CRA [nterlocal (SE4th Street) (10-05)doc
improperly failed to make timely payment due to CRA's improper failure to comply with
its payment obligations pursuant to this Agreement.
Section 6.
INDEMNIFICATION, SOVEREIGN IMMUNITY, and INSURANCE
6.01
Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent
permitted by law, the CITY and CRA agree to indemnify and hold harmless each other from
any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the
CITY or CRA, or either party's agents or employees mayor could incur as a result of or
emanating out of the terms and conditions contained in this Agreement, that result from
CITY's or CRA's or any consultant's or contractor's negligence or willful conduct (or that
of their respective agents or employees) or from breach of this Agreement.
6.02 CITY and CRA shall maintain at their own cost and expense all insurance policies providing
coverage for liability protection in accordance with state law. Certificates of Insurance
reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager
and with the CRA's Controller, respectively, prior to or at the time of execution of the
Agreement. These Certificates shall contain a provision that coverages afforded under these
policies will not be cancelled until at least forty-five (45) days prior written notice has been
given to the other party. Policies shall be issued by companies authorized to do business
pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI"
in the latest edition of "Best Key Rating Guide", published
6.03 CITY and CRA shall maintain at their own cost and expense all insurance policies providing
coverage for liability protection in accordance with state law. Certificates of Insurance
reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager
and with the CRA's Controller, respectively, prior to or at the time of execution of the
Agreement. These Certificates shall contain a provision that coverages afforded under these
policies will not be cancelled until at least forty-five (45) days prior written notice has been
given to the other party. Policies shall be issued by companies authorized to do business
pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI"
in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide.
Section 7.
RECORDS
7.01 CRA and CITY shall each maintain their own respective records and documents
associated with this Agreement in accordance with the requirements set forth in Chapter
119, Florida Statutes. All such records shall be adequate to justify all charges, expenses,
and costs incurred in accordance with generally accepted accounting principles. Each
party shall have access to the other party's books, records and documents as required in
this Agreement for the purpose of inspection or audit during normal business hours
during the term of this Agreement and for at least three (3) years after completion of the
Project.
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C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA lnterlocal (SE4th Street) (IO-05).doc
Section 8.
ASSIGNMENT
8.01 The respective obligations ofthe parties shall not be assigned, in whole or in part without
the written consent of the other party.
Section 9.
TERMINA TIONIDEF AUL T
9.01 Prior to the Boynton Beach City Commission approving a contract for the construction of
the Project, this Agreement may be terminated by either party upon thirty (30) calendar
days written notice.
9.02 If either party fails to perform or observe any of the material terms and conditions of this
Agreement for a period of ten (10) calendar days after receipt of written notice of such
default from the other party, the party giving notice of default may be entitled, but is not
required, to seek specific perfornlance of this Agreement on an expedited basis, as the
performance of the material terms and conditions contained herein relate to the health.
safety, and welfare of the residents subject to this Agreement. Failure of any party 11.
exercise its right in the event of any breach by the other party shall not constitute a
waiver of such rights. No party shall be deemed to have waived any failure to perfonn by
the other party unless such waiver is in writing and signed by the other party. Such
waiver shall be limited to the terms specifically contained therein. This section shall he
without prejudice to the rights of any party to seek a legal remedy for any breach of the
other party as may be available to it in law or equity
Section 10. COMPLIANCE WITH LAWS
10.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and
lawful orders of the United States of America, State of Florida and of any other public
authority which may be applicable.
Section 11. VENUE
11.01 Any and all legal actions necessary to enforce the tenns of this Agreement shall be
conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or. i r
in federal court, in the United States District Court for the Southern District of Florida.
Section 12. GOVERNING LAW
12.01 The validity, construction and effect of this Agreement shall be governed by the laws \\1'
the State of Florida.
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Section 13. ENTIRE AGREEMENT
13.01 This Agreement contains the entire understanding of the parties relating to the subject
matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered, amended, modified or otherwise changed
nor may any of the terms hereof be waived, except by a written instrument executed by
both parties. The failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be construed as a waiver
or relinquishment for the future of any covenant, term, condition or election but the same
shall continue and remain in full force and effect.
Section 14. SEVERABILITY
14.01 Should any part, term or provision of this Agreement be by the courts decided to be
illegal or in conflict with any law of the State, the validity of the remaining portions or
provisions shall not be affected thereby.
Section 15. CONTRACT ADMINISTRATORS
15.01 The Contract Administrators for each party shall be as follows:
CITY:
Kofi Boateng, Utilities Director
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
Telephone (561) 742- 6401
Facsimile (954) 742-6298
CRA: Lisa A. Bright, Interim Executive Director
Boynton Beach CRA
639 E. Ocean Avenue, Suite 107
Boynton Beach, FL 33435
Telephone (561) 737-3256
Facsimile (561) 737-3258
Section 16. NOTICES
16.01 Whenever either party desires to give notice to the other, such notice must be in writing
and sent by United States mail, return receipt requested, courier, evidenced by a delivery
receipt, or by overnight express delivery service, evidenced by a delivery receipt,
addressed to the party for whom it is intended at the place last specified; and the place for
giving of notice shall remain until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for giving of notice.
Page 7 of9
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CITY: Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Copy To: James A. Cherof: Office of the City Attorney
Goren, Cherof, Doody & Ezro], P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
CRA: Lisa A. Bright, Interim Executive Director
Boynton Beach CRA
639 E. Ocean Avenue, Suite 107
Boynton Beach, Florida 33435
Copy To: Kenneth G. Spillias, Esquire
Lewis, Longman & Walker, P,A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
Section 17. INTERPRETATION
17.01 This Agreement shall not be construed more strictly against one party than against the
other merely by virtue of the fact that it may have been prepared by counsel for one of the
parties.
IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be
executed in their respective names by the proper officials the day and year first above written.
CITY OF BOYNTON BEACH a municipal
corporation organized and existing under the laws
of the State of Florida ....._.-
----
\ ~- ,
By:
AB'EST: .' )
,. /"'~ ;--" ,.,
L t!td~ tiJI/' ..:./ .
//- anet Prainito ty Clerk'
. f-f; i /"I/iJ/ t /; {'I,
Page 8 of9
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:!Joved as to form:
~~
A . Attorney
A/Lpproved as~to form; A ~
['/( - .-'
I Lh: I, /. , / ,,-;(A ~/{.{.,tC1
CU\Attorney.o/ '.f I
/
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency
organized and existing under the laws of the State
of Florida
Page 9 of9
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LA v. I (
PO, Box 1989
West Palm Beach, FL 33402.1989
(561) 355-2001
FAX: (561) 355.3990
www,pbcgov.coen
.
Palm Beach County
Board of County
Commissioners
Addie L. Greene, Chairperson
Jeff }~oons, Vice Chair
Karen 1: Marcus
Robert j, Kanjian
Mary McCarty
Burt Aaronson
Jess R Santamaria
County Administrator
Robert Weisman
"An Eql/olOpportunity
Alfinnative Action Employer"
@ printed on recycled paper
May 20, 2008
Ms. Lisa Bright
Executive Director
Boynton Beach CRA
915 South Federal Highway
Boynt Beach, FL 33435
I
/
Dp~ s. Bripht:
T'J . {,_P
!/ 1/
" s formal notification that I am awarding an allocation of
00,000 from the District IV Gas Tax Fund to the Boynton Beach
Community Redevelopment Agency for the SE 4th Street Improvement
Project.
Your request and a copy of this letter are being forwarded to Owen
Miley, Special Projects Cooi'dinator in the Engineering Depmiment at
the County to prepare the appropriate agreement for processing.
As always, it is a pleasure to assist the Boynton Beach Community
Redevelopment Agency in this beautification project. If you have any
questions or concerns, please do not hesitate to contact me.
~
",'
//
:Lt
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 121 2008
Mack McCray, 806 NW 4th Street, asked how much money was owed in bonds because that
is a burden on the City. He thanked the board members who met with the CRA individually for
doing their jobs.
Chair Taylor corrected Mr. McCray's statement about bonding since it is not a liability on the
City. Rather, it is a liability on the CRA since they have to come up with the debt service.
Vice Chair Rodriguez wished to correct the record to reflect the fact that he briefly met with Ms.
Bright and Ms. Brooks. Unfortunately, he assumed the details would be in the book that was
provided and they were not Included. He recommended that the details be included in the
books next year.
With regard to the NE 4th Street Streetscape, Mr. Weiland felt that project could have been
done in 2002. The plans were ready, but he was told at that time nothing was going through
because of the anticipated Arches development and there was no desire to tear up the street
twice. At this time, Mr. Weiland does support the CRA spending money on that project.
Mr. Weiland recalled individual appraisals were going to be sought to make sure the City's
appraisals matched the CRA's appraisals. The CPA agreed to pay the appraised value;
however, had he known the City paid $60,000 for those properties; he would not have made
that agreement. The City and CRA should work together to transfer the property to the eRA at
a much lower price. If the City does not want to do that, the City can deal with the developer
and the money could be deferred.
I
When the discussion of bonding arose, Attorney Cherof advised that a bond would require a
vote of the CRA. It does not go before the citizens for a vote. Vice Chair Rodriguez confirmed
with Ms. Bright that the City assumes liability if the CRA defaults. Attorney Cherof reported that
at this time, no one is going out to bond until the Strand case is decided. When the Supreme
Court rules, there will be a better understanding of what can or cannot be bonded. Further,
Chair Taylor pointed out that the CRA would not go out for a bond if it were not able to pay the
debt service.
Ms. Bright reminded the members that the financial advisors suggested the CRA might be in a
position to consider what the City had done with its February 2008 Utility Tax Bond. The
lobbyists indicated that Strand is taking so long because two Supreme Court justices are retiring
by September 30th and they have commItted to the Governor that they will make a ruling on the
Strand case and what opportunities will be available for special taxing districts. Chair Taylor
confirmed with Ms. Bright that the eRA still has substantial bonding capacity at this time.
Mr. Hay agreed to delay NE 4th Street Streetscape project. He wanted to ensure that the $1.3
million for MLK did not get lost in the shuffle, but believed the eRA would be in a better position
in 2010 to move forward with the Auburn proposal.
)
Ms. Bright said Mr. Bressner made it clear that the City has the money but the board
would need to make sure the $300,000 grant goes to the City. With regard to MlK, Mr.
Hinners confirmed that November 2010 would work for everyone. The money could be
8
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 12, 2008
r!
programmed to a simultaneous closing with the City, but that would be determined later in the
meeting.
Ms. Harris explained that If the $300,000 grant is received in November or December and it is
given immediately to the City, that dollar figure would be reduced from the $1.1 million and
that difference is what would be delayed. Vice Chair Rodriguez recalled Mr. Bressner saying
that If the CRA did not share In this, the City would still have to do this project and that would
present challenges for the City Commission from a bUdgetary standpoint at this particular item.
The City is counting on that money.
Ms. Bright said she confirmed with Mr. Bressner that he could float the CRA for the three years
through the Utility Tax Bond until the CRA saw the first Increase in the TlF If the CRA board
wanted to keep the project with the current drawings (the way it is currently redesigned).
Chair Taylor agreed with Ms. Bright's statement.
Chair Taylor reiterated for the edification of the members that the CRA would give the $300,000
to the City as soon as It was received. That would leave $823,394 that would be delayed until
October of 2010. When Vice Chair Rodriguez questioned what would be done with the
$823,394 in the budget, Chair Taylor said it might depend on what was done with the $1.3
million. The $823,394 might help offset that figure. Vice Chair Rodriguez questioned whether
the board would have to go back through the budget t.o reallocate funds.
Ms. Bright advised the marina Is programmed for next year. It is a 24-month project with a
total cost of $5.9 million. The first $2 million is up front from the County which is being paid
this year. The second phase would be $1.9 million. Depending on what Auburn tells the board
during its presentation, the board may be able to encumber some money for them. Ms. Bright
has been working with their staff and there are some possible opportunity purchases within the
Phase I MLK corridor. The 4th and 5th Street projects and Ocean Breeze are other options.
There are opportunities to reprogram the money Into TIF-generating redevelopment projects.
Mr. Weiland said if the two projects discussed earlier are deferred, he would like the money
funneled into the Heart Qf Boynton. It could be split between Ocean Breeze and MLK so that
those two projects continue to move forward.
Vice Chair Rodriguez inquired if there is money pending for the MLK or Ocean Breeze projects.
Ms. Bright said the MLK project had the expectation and needed payment of $1.9 mil/ion. If
money is not encumbered to honor the commitment, there is no possible way to honor the
financial commitment when the money is needed. The money was in the budget for 2009/10.
It was due October of 2009. The T1F refunds do not come In until December of 2009;
therefore, it was necessary to take money out of this budget for that obligation. The CRA has
not signed a Master Development Agreement, but that issue would be considered by the board
later in the meeting.
Cito Berguirstaln, Auburn Development, said If it were necessary to push the project off
because of budget constraints, Auburn would be willing to deal with that budget reality.
However, it certainly was not the best thing for the project and not in the best Interest of
9
er
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 12, 2008
getting this project done quickly. It would be better to remain on the originally proposed
schedule.
Ms. Ross was willing to delay the NE 4th Street Utility Streetscape project until 2010 and the
$300,000 would go immediately to the City when the grant was received.
Consensus
There was consensus of the board to delay the NE 4h Street Utility Streetscape until 2010 and
the $300,000 would go immediately to the City when the grant was received.
With regard to the purchase of land for $1.3 million, Mr. Weiland would like the City to deal
with the developer.
Chair Taylor explained that if the CRA bought the land from the City for $1.3 million, they would
give it to the developer. The City has contingency funds to fall back on and the CRA does not.
The City Manager has worked hard not to use contingency. Originally, $4.5 million was needed
to balance the City budget. The City Manager reworked the numbers and brought back a
budget that reduced that $4.5 million to $3.75 million from contingency.
Chair Taylor reiteratep for Ms. Ross that the CRA had agreed to buy the land the City owns in
the HOB area (approximately six lots) which the City purchased for $60,000. There was
discussion about a three-party agreement among the City, the CRA and the Auburn Group;
however, it was decided to make it a two-party agreement. Appraisals valued the land at $1.3
million once developed and the City has asked for $1.3 million for the land. The CRA does not
have that money. The CRA has to come up with $1.9 in 2009{10 and the $1.3 would be part of
it.
Ms. Bright explained that eRA staff had supported the board initiative initially and she let Chair
Taylor know at one of their one-an-one meetings that she was no longer willing to continue
that support. The reason she expected to have the money was the $586,000 between last year
and next year that would go to the City versus the eRAs. She then changed her
recommendation of supporting the acquisition of this property. The CRA would not only be
paying this money, but also lost the $586,000 because the board was not wllling to retro the
money for the CRA to secure it from the City. The City received that additional $586,000 from
the CRA, not specifically for this acquisition, but money that was due the CRA. (End of transcription
by Janet Pralnito at 7:54 p.m.)
A-2. Review of the Draft MLK corridor Development Agreement for Policy
Direction (7:55 p.m. begin transcription by C. Cherry)
Cito Berguirstain, Auburn Development, thanked the board for reviewing some of the
discussion in support of funding the MLK redevelopment. MLK would be a legacy project which
would Qe Impressive in Phase I and more so at the last phase. At the budget workshop it was
discussed whether Auburn Development could wait until 2010 for development to occur, and
there were concerns about timing. The timing for creating a tax credit development was
excellent partly because when developers get involved when the market was down, they
J
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
)
the result of the applicant's actions. Other homes in the area are larger and have bigger
garages. The proposed changes would have little or no impact on adjacent property owners.
Staff and the Planning ~nd Development Board recommended approval of the project. There
were no conditions of approval.
Commissioner Weiland indicated he had spoken with the applicant, a medical doctor, who was
unable to attend. He could be present after 8 p,m., if necessary.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Commissioner Hay commented it was a very unusually shaped lot. He also noted twelve
neighbors had signed a petition agreeing to the proposed changes.
Motion
Commissioner Weiland moved to approve Item VIII.F. Commissioner Hay seconded the motion.
The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Recommend approval of Amendment No. 1 to the lnterlocal Agreement with the
Community Redevelopment Agency for sharing the cost of improvements along
SE 4th Street from Ocean Avenue to SE lth Avenue. (Proposed Resolution
No. R08-1.38)
Pete Mazzella, Deputy Director of Utilities, and Chris Roschek, were present to answer any
additional questions from the Commission. Mr. Mazzella pointed out his presentation was the
same as was presented to the Community Redevelopment Agency Board. Commissioner Ross
clarified it was actually a cost sharing between the City and the Community Redevelopment
Agency. Mr. Mazzela advised the amendment sets the figures based on the actual design of the
project. The amounts were the same that were approved by the Community Redevelopment
Agency .
Motion
Vice Mayor Rodriguez moved to approve Proposed Resolution No. R08-138. Commissioner Hay
seconded the motion. The motion passed unanimously.
B. Recommendation of the Recreation and Parks Board to reconsider the
development of Meadows lfNautica Park site as a neighborhood park and
consider the development of Quantum Park site as an "eco" nature community
park.
)
Ms. LaVerriere explained the recommendation was brought before the Commission by the
Recreation and Parks Advisory Board as a request to reconsider the development of the
Meadows lfNautica Park and possibly consider the alternative of developing Quantum Park.
13
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Barb Conboy
Utilities Manager
FROM:
Janet M. Prainito
City Clerk
DATE:
December 11, 2008
RE:
R08-138 - Amendment No. 1 to the Interlocal Agreement
Between the City of Boynton Beach and the City of Boynton
Beach Community Redevelopment Agency to Provide for the
Installation of a Public Improvements on Southeast 4th Street
Attached for your information and files is a copy the fully executed agreement
mentioned above and a copy of the Resolution. Since the document has been fully
executed, I have retained the original for Central File.
Please contact me if there are any questions. Thank you.
~Yn. ~
Attachments
cc: Central File
RECEIVED
DEe 1 2 2008
BOYNTON BEACH UTILITIES'
S:ICCIWP\AfTER COMM1SSIONlDepartmental Transm~tals\2OQ8\Barb Conboy - ROB-13B.doc
"';~r';:
" ,'--' ,:::"J.
AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND THE CITY OF BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY TO PROVIDE FOR THE INSTALLATION OF A
PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET
THIS AGREEMENT, made and entered into on the __ q~ __ day of ~/l-
2008by and between:
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
(hereinafter referred to as "CITY")
AND
CITY OF BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY,
a Public Agency of the State of Florida
915 South Federal Highway
Boynton Beach, Florida 33435
(hereinafter referred to as "CRA")
WIT N E SSE T H:
WHEREAS, CITY AND CRA (the "Parties") desire to install public improvements.
including, but not limited to on-street parking, sidewalks, stormwater drainage, streetlights,
water, and landscaping within the right of way for Southeast 4th Street from Southeast I ih
Avenue to Southeast 2nd Avenue (the "Improvements"), which public improvements are located
within the boundaries of the CRA; and
WHEREAS, the Parties have negotiated and desire to enter into an Interlocal Agreement
("Agreement") for the Parties to share in the cost of design, installation, and construction of the
Improvements (the "Project"); and
WHEREAS, the Improvements are to be designed, installed and constructed pursuant to
Amendment No. I to Task Order No, U04-16-02 with PBS&l ("Amendment 1") and subsequent
amendments; and
WHEREAS, CITY and eRA have determined that it is mutually beneficial and in the best
interests of the citizens and residents of both cities to enter into this Agreement; and
WHEREAS, Part J of Chapter 163, Florida Statutes, as amended (the "Interlocal
Cooperation Act"), permits the Governmental Units. as public agencies under the Interlocal
Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental
Page 1
S:\CA\CRA\CRA Interlocal (SE4th Street) Amendment (110408) PVM (rev II 1408) doc
party to exercise, on behalf of the' other governmental unit, jointly held powers, privileges or
authorities which each such Governmental Unit shares in common and which each might exercise
separately, permitting the Governmental Units to make the most efficient use of their power by
enabling them to cooperate on a basis of mutual advantage and thereby provide services and
facilities in a manner and pursuant to forms of governmental organization that accords best with
geography, economy, population and other factors influencing the needs and development of such
Governmental Units; and
WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of
the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the lnterlocal
Cooperation Act; and
WHEREAS, CITY hereby represents to CRA that it bas the authority, pursuant to the
Irtterlocal Cooperation Act, to execute any and all documents necessary to effectuate and to
implement the terms ofthis Agreement; and
WHEREAS, eRA hereby represents to CITY that it bas the authority, pursuant to the
Interloca1 Cooperation Act, to execute any and all documents necessary to effectuate and to
implement the terms oftms Agreement; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the Parties hereto agree as follows:
Section 1.
RECITALS
1.01 The above recitals are true and correct and are incorporated herein.
Section 2.
TERM OF AGREEMENT
2.01 This Agreement shall be effective upon the approval of both parties and shall terminate at
the conclusion of the Project. This Agreement may be terminated pursuant to Section 9 of this
Agreement.
2.02 This Agreement shall not be binding on the CRA until the Community Redevelopment
Plan is amended to reflect the CRA'S involvement in this project.
2:03 At the conclusion of the Project, the Parties acknowledge and agree that the CITY shall
own, and be responsible for the maintenance and liability associated with the Improvements.
Section 3.
COMPENSATION
3.01 The Parties agree that the cost for the Project shall be shared by the Parties in accordance
with the terms of this Agreement The ~ost of the Project includes aU architectural,
engineering, construction, and consulting fees associated with the planning, construction,
and completion of the Project. The estimated costs, and cost sharing for the engineering
and construction ofthe Project shall be as follows:
Page 2
S:\CA\CRA\CRA Interlocal (SE4th Street) Amendment (110408) PVM (rev 111408),doc
TABLE 1
Description .J
Construct all water,
stonnwater, sewer laterals,
sidewalks, curbs, medians,
pavement and conduits for
future lighting
Net \ - ------1 ------
~::: I CRA Share I City Share I
Grants__~________-+- ___
I
$3.755,2881 $1,123,000 $3,718,802
Cost
T
Potential
Grant
Funds
-- ------ ---
$4,750,952
$995,663
t-'-t
! !
i
- -----1--
i
i
i
Additional cost to expand
construction from SE 2nd
Ave. to Ocean Ave.-
including landscaping in
center median and along
west side only; center
median lights; replacement
of FPL poles, and new
sidewalk along west side.
$300,000
o I $300,000
i '
: i
I I
r $995,663 ~55'288
, I
__--L____ _____ _ _______
$150,000
$150,000
TOTAL
$1,273,000 I $3,868,802
__L___
$5,050,952
L
3.02 Upon completion of portions of the Project, CRA shall pay CITY the CRA's share of the
costs of construction. Payments shall be made according to a schedule of payments set
forth in the contract(s) entered into by the CITY and upon written certification with
supporting documentation by the CITY, that the task or tasks required of the
contractor(s), as appropriate, for the requested progress payments have been successfully
completed. Payments shall be made by the CRA no later than fourteen (14) days after
receipt of an invoice and the supporting documentation from the CITY. Said payments
will be made payable to the City of Boynton Beach and mailed to Attn: Finance
Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach,
Florida 33425. In the event of any dispute between the CITY and consultant(s) or
contractor(s) over the right to receive all or any payments under the contract(s), the eRA
shall comply with the direction of the CITY and shall be indemnified by the CITY as set
forth in Section 6 below.
Section 4.
DUTIES AND RESPONSIBILITIES OF CITY
4.01 CITY shall be responsible for preparing contract documents, advertising for bids for the
Project, selecting the contractor to construct the Project, supervising the Project, and
insuring completion of the Project in accordance with the description of the Project as
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S:\CA\CRA\CRA Interlocal (SE4th Street) Amendment (110408) PVM (rev 111408)_doc
contained in Exhibit "A" which is attached hereto and incorporated herein by reference.
The CITY shall provide the CRA with copies of all executed contracts in connection with
the Project and shall keep the CRA regularly informed as to its progress.
4.02 CITY will make available appropriate staff to work with eRA staff in the planning and
construction of the Project. It is further understood and agreed that, nothwithstanding the
CRA's participation in the planning of the Project and providing assistance in overseeing
the construction of the Project, the CITY retains all responsibility for compliance with the
terms and provisions of the various design and construction contracts as the Project
moves forward and for enforcement of the various contracts', terms as against the
consultant(s) and contractor(s).
4.03 CITY will make all payments it is responsible for making in connection with the Project
in a timely manner and will hold eRA hannless and will defend CRA against any claims
by any consultant(s) or contractor(s) that CITY has improperly failed to make required
payments under any Project contract(s), except insofar as any failure to make timely
payment is due to CRA's failure to comply with its payment obligations pursuant to this
Agreement.
Section 5.
DUTIES AND RESPONSIBILITIES OF eRA
5.01 CRA will make available appropriate staff to work with CITY staff in the planning and
construction of the Project.
5.02 When requested, CRA shall provide CITY with documentation in its possession,
including, but not limited to maps, surveys, and photographs in order to assist with the
design and construction of the Project. Nothing contained herein shall require CRA to
create documentation it does not presently possess unless agreed to by the parties in
writing and included as an addendum to this Agreement.
5.03 CRA will make all payments it is responsible for making in connection with the Project
and as set forth herein in a timely manner and will hold CITY harmless and will defend
CITY against any claims made by any cdnsultant(s) or contractor(s) that CITY has
improperly failed to make timely payment due to eRA's improper failure to comply with
its payment obligations pursuant to this Agreement.
Section 6.
INDEMNIFICATION, SOVEREIGN IMMUNITY, and INSURANCE
6.01 Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent
permitted by law, the CITY and CRA agree to indemnify and hold harmless each other from
any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the
CITY or eRA, or either party's agents or employees mayor could incur as a result of or
emanating out of the terms and conditions contained in this Agreement, that result from
CITY's or eRA's or any consultant's or contractor's negligence or willful conduct (or that
of their respective agents or employees) or from breach of this Agreement.
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6.02 CITY and CRA shall maintain at their own cost and expense all insurance policies providing
coverage for liability protection in accordance with state law. Certificates of Insurance
reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager
and with the CRA's Controller, respectively, prior to or at the time of execution of the
Agreement. These Certificates shall contain a provision that coverages afforded under these
policies will not be cancelled until at least forty-five (45) days prior written notice has been
given to the other party. Policies shall be issued by companies authorized to do business
pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-Vi'
in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide
Section 7.
RECORDS
7.01 CRA and CITY shall each maintain their own respective records and documents
associated with this Agreement in accordance with the requirements set forth in Chapter
119, Florida Statutes. All such records shall be adequate to justify all charges, expenses.
and costs incurred in accordance with generally accepted accounting principles. Each
party shall have access to the other party's books, records and documents as required in
this Agreement for the purpose of inspection or audit during normal business hours
during the term of this Agreement and for at least three (3) years after completion of the
Project.
Section 8.
ASSIGNMENT
8.01 The respective obligations of the parties shall not be assigned, in whole or in part without
the written consent of the other party.
Section 9.
TERMINATIONIDEF AUL T
9.01 Prior to the Boynton Beach City Commission approving a contract for the construction of
the Project, this Agreement may be tenninated by either party upon thirty (30) calendar
days written notice.
9.02 If either party fails to perform or observe any of the material terms and conditions of this
Agreement for a period of ten (10) calendar days after receipt of written notice of such
default from the other party, the party giving notice of default may be entitled, but is not
required, to seek specific performance of this Agreement on. an expedited basis, as the
performance of the material terms and conditions contained herein relate to the health,
safety, and welfare of the residents subject to this Agreement. Failure of any party to
exercise its right in the event of any breach by the other party shall not constitute J
waiver of such rights. No party shall be deemed to have waived any failure to perform by
the other party unless such waiver is in writing and signed by the other party. Sucb
waiver shall be limited to the terms specifically contained therein. This section shall be
without prejudice to the rights of any party to seek a legal remedy for any breach of the
other party as may be available to it in law or equity.
Page 5
S:\CA\CRA\CRA Inter]ocal (SE4th Street) Amendment (1 ]0408) PVM (rev] ] 1408)doc
Section 10. COMPLIANCE WITH LAWS
10.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and
lawful orders of the United States of America, State of Florida and of any other public
authority which may be applicable.
Section 11. VENUE
11.0 I . Any and all legal actions necessary to enforce the terms of this Agreement shall be
conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if
in federal court, in the United States District Court for the Southern District of Florida.
Section 12. GOVERNING LA W
12.01 The validity, construction and effect of this Agreement shall be governed by the laws of
the State of Florida.
Section 13. ENTIRE AGREEMENT
13.01 This Agreement contains the entire understanding of the parties relating to the subject
matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered, amended, modified or otherwise changed
nor may any of the terms hereof be waived, except by a written instrument executed by
both parties. The failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be construed as a waiver
or relinquishment for the future of any covenant, term, condition or election but the same
shall continue and remain in full force and effect.
Section 14. SEVERABILITY
14.01 Should any part, term or provision of this Agreement be by the courts decided to be
illegal or in conflict with any law of the State, the validity of the remaining portions or
provisions shall not be affected thereby.
Section 15. CONTRACT ADMINISTRATORS
15.01 The Contract Administrators for each party shall beas follows:
CITY:
Kofi Boateng, Utilities Director
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
Telephone (561) 742- 6401
Facsimile (954) 742-6298
Page 6
S:\CA \CRA \CRA Interlocal (SE4th Street) Amendment (1 ] 0408) PVM (rev 1] 1408).doc
eRA: Lisa A. Bright, Executive Director
Boynton Beach eRA
915 South Federal Highway
Boynton Beach, FL 33435
Telephone (561) 737-3256
Facsimile (56}') 737-3258
Section 16. NOTICES
16.01 Whenever either party desires to give notice to the other, such notice must be in writing
and sent" by United States mail, return receipt requested, courier, evidenced by a deHvery
receipt, or by overnight express delivery service, evidenced by a delivery receipt
addressed to the party for whom it is intended at the place last specified; and the place for
giving of notice shall remain until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for giving of notice.
CITY: Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Copy To:
James A. Cherat: Office ofthe City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
CRA:
Vivian Brooks, Assistant Director
Boynton Beach eRA
915 South Federal Highway
Boynton Beach, Florida 33435
Copy To:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Section 17. INTERPRETATION
17.01 This Agreement shall not be construed more strictly against one party than against the
other merely by virtue of the fact that it may have been prepared by counsel for one of the
parties.
Page 7
S:\CA\CRA\CRA Interlocal (SE4th Street) Amendment (l10408) PVM (rev 111408).doc
IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be
executed in their respective names by the proper officials the day and year first above written.
CITY OF BOYNTON BEACH a municipal
corporation organized and existing under the laws
of the State of Florida
By: J~<T~
(I Jerry L ylor; ayor
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency
organized and existing under the laws of the State
of FlOri:: jf~
&-rr To or, air
Page 8
S:\CA\CRA\CRA Interlocal (SE4th Street) Amendment (110408) PVM (rev 111408)clean final.doc
I .
I
""""
SE 4th Street Droject Area,n.:64'.fee!
. ~
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."'............
1
SE 4TH Street Construction Cost Options
Option
No, Description Cost
1 No Construction $0
I I
2 Construct only reclaimed water line I $614,1 58
I
Potential Grant
Funds
$0
Net Outlay
After Grants
$0
-------
CRA Share
$0
$245,663
$368,495 $0
f-------- -- --------t---_. ------------I---~--
I
3 Construct only reclaim~d water and potable I $1 872 108 $245,663
water lines ' ,
! Construct all water, stormwater, sewer laterals,
4 I sidewalks, curbs, medians, pavement and $4,750,952
I- ___ _ -I--- conduits for future lighting
---=-_ _L-- Option 4 plus center median lights ~268'~4
6 I Option 5 plus center median landscaping '$5'418'88~.
7 ~- -Option 6 plus relocation of all FPL poles, and 1-~5,74~,;;7
__ __ __ I change to concrete __',_ _ ____ _
I Additional cost to expand construction from SE
I 2nd Ave. to Ocean Ave,- including landscaping
8 I in Genter median and along west side only, I $300,000 I
center median lights; replacement of FPL poles, i :
_ __ _ and new sidewalk along west side, -----.J- _ 11--
___ 9 !Maximum Potential Funding by Source -----.J $6,044,887 _
.------- --
$1,626,445 $599,803
$995,663
I $3,755,288
$1,123,000
City Share
$0
Notes
$995,663
51,686,850
Reclaimed water line is partially
$368,495 grant-funded if completed by
8/15/09
I Potable water line is required to
$1 272 306 meet fire-fiow needs for this area to
" re-develop, Recommend CRA fund
50% of Datable water line
Stormwater system is grant-eligible
if constructed by 2010
Lights will be owned and maintained
bv the Citv or CRA
$3,718,802
$3,582,037
$995,663 ,$4,423,224 $1,836,850 $3,582,037 Landscaping estimated at $150,000
-;~~,6~--t-;'749,2;~1 $2,162,850 I $3,582,037 [ - Relocation of power poles could
______ _______ _ _ --1-- I -----t------ ~ result in a 1~year ~---
Estimate does not include water
reclaimed, or stormwater I
improvements - Cost sharing
percentage for these surface
~~~~:~rTlents to be determined_,~l
$3,582,037 ... ...
~RA reVIS8C cost sr.aiing
$4,273,223
I
$0 $300,000 I TBD
____.____________u ---t- $2,162,850
TSD
Meeting Minutes
Community Redevel~pment Agency Board
Boynton Beach, Florida
October 14,2008
median down the middle. The project did not go out to bid since the Board entered into
the interlocal agreement in 2006. At the CRA budget workshop, there was discussion on
funding the project and whether the project was the same and still merits CRA funding.
Ms. Brooks was looking for direction whether the Board wanted to proceed with the
streetscape elements at this time.
Chris Roschek, Utilities Department, was present and reviewed the PowerPoint
presentation.
Mr. WeUand returned to the dais at 8:56 p.m.
Mr. Hay left the dais at 8:56 p.m.
Mr. Roschek presented a list of cost options associated with the improvements.
Presently, there were wood power poles existing close to the pavement. One option
was to delay the construction until the economy improved. The second option was to
install Phase I of the reclaimed water line. This portion along SE 4th Street was a
connector piece.
There was grant funding from the South Florida Water Management District in the
amount of $245,000 which was a 40% matching grant and there would be no funding
from the CRA for that option. The Utilities Department was suggesting they bear the full
cost of the project and the CRA not incur any cost for that option.
Ms. Ross left the dais at 8:57 p.m.
Ms. Bright explained they hope to receive a $300,000 grant from Commissioner
McCarty that was available this year and next, and she advised the Board deferred
approximately $823,000 to 2010 which was encumbered.
The third option was to install reclaimed and potable water lines only. The pptable
watermains were important for fire flow. It was suggested the eRA's portion would be
50% of the potable water line costs to support the needs for fire flow and support
redevelopment of the area. The cost for that option was about $600,000.
Mr. Hay returned to the dais at 8:59 p.m.
The next option included reclaimed and potable water improvements, and road,
sidewalk, curb and median improvements. This would encompass a conduit for future
lighting in the median. The Utilities Department has already secured funding from the
Lake Worth Lagoon Partnership Program and a Palm Beach Environmental Resources
Management Grant totaling $750,000 to be applied to Stormwater Management
Construction work that would have to be completed by the year 2010.
Another option included street lighting which could be maintained by either the City or
the CRA, and still another option pertained to the center median landscaping.
18
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
October 14,2008
The final option included the relocation of the wood power poles to behind the right-of-
way and to exchange the poles from wood to concrete. He reported the burying of the
power lines was cost prohibitive.
Ms. Ross returned at 9:02 p.m.
Discussion followed about the concrete poles and the ground being open. Ms. Bright
explained the rule of thumb was the cost is about $1,000,000 per mile. Mr, Weiland
requested a cost comparison.
Mr. Livergood explained one of the driving factors of the program was to add lighting
and place the electrical lines under the ground. It was recognized it was cost prohibitive
and it was thought a decision needed to be made where they wanted to spend the funds
or what streetscape elements would be used to enhance the appearance of the area.
They would have to plan ahead and put ductwork underground so if in the future they
should install electric underground, it would provide for less inconvenience,
Chair Taylor thought the storm drainage needed to be improved, sanitary sewer
improvements and a reclaimed water line was needed. As to the potable water and fire
flow for development, he did not see any development within the next few years. He
explained much of the installation appeared to be tasks the City would normally do. He
questioned why the CRA was involved in the issue at all.
Mr. Bressner explained this would be the time to build the capacity for the anticipated
increase in density for the area, in anticipation of the market turning around. He advised
the work should be done to prepare for redevelopment of the area and it would be fairly
dense in population and in intensity of use. Presently, there is a 15 inch main.
Vice Chair Rodriguez requested the options be identified by priority. These were
identified as the reclaimed water and the backbone for the potable watermain. Mr.
Roschek explained in order to get the drainage to work, there would be reconstruction
of the roadway.
Lori LaVerriere, Assistant City Manager, explained Option 4 was cumulative and
included all the elements that Mr. Bressner mentioned which was stormwater, sewer,
potable water, sidewalks, reclaimed water, medians, and conduits for future lighting
which were important and what was currently on the slate to be done, She clarified the
medians were not improved medians and that was what the CRA's portion would
accomplish along with the City funding. They were looking for direction about what other
amenities they were looking for in terms of enhanced landscaping, medians, lighting
and other items where additional costs to the CRA would come in.
Ms. Bright clarified if the Board opted for Option 4, the road would be torn up. She
asked if there was anything else they wanted to commit to because if they added
anything later, the road would be torn up. Mr. Livergood clarified lighting, power lines
19
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
Octobe r 14, 2008
and service connections to the utilities would require some excavation, but not major
road construction. Ms. LaVerriere explained if they would add the conduits to it, the
Board would be selecting Option 5. The median lights would be an additional $500,000,
and it would allow the Utilities Department to eliminate th.e fixtures on the road edge, not
necessarily eliminate the poles.
A discussion followed whether the extras were appropriate at this time. Ms. Ross
explained, compared to Seacrest and how behind they were on the road project, which
was a priority, it was difficult to envision. Mr. Weiland explained by the time
development occurred in that area, the light poles would need to be painted and
replaced. Ms. Bright explained the CRA would pass the cost on to the developer and it
would be part of an incentive in the future.
Ms. LaVerriere explained they were looking for close to $1,000,000 in grant funding and
if they walked away from it, they would lose the funding. Another element added for
consideration was whether they wanted to extend the project from 2nd Avenue to
Ocean Avenue. The underground work would stop and the work would be more
aboveground improvements. The estimated cost would be about $300,000, which was
Option 8. Under this option, the aboveground improvements would be extended,
primarily on the west side of the road.
Mr. Livergood explained if they stopped the improvements at 2nd Avenue, they would
still have capacity. With the underground utilities, they would not need to go to Ocean
Avenue. If they did the aboveground utilities, should they improve the roadway from
12th Street to 2nd, they could leave the last two blocks for the developer to complete,
knowing the developer would have some significant underground work that they may
need to do in the 4th Street right-of-way. If the City knew the project was coming next
year, they would recommend stopping at 2nd Avenue. Since they did not know when
that would occur, they have many decisions to make. The Board needed to ponder what
they wanted the road to look like and what they think it would be in two-to-five years.
There was going to be significant work done on 4th Street by the developer and they
knew what the developer would do because of the site plans. If a different development
comes forward, they may have different connection points to off-site utilities, but they
could not ensure there would not be any excavation into a newly constructed road. The
cost share of the improvements would need to be determined by the Board and City
Commission.
Mr. Weiland inquired about the project when it was discussed years ago and advised it
could have been completed six years ago. He also expressed anything breaking
ground would be about three-to-four years away.
Mr. Bressner explained when they upgraded Ocean Avenue they stopped the
improvements at the Childrens' Schoolhouse Museum because, at the time, they did not
know what would happen with the Civic Center and the Old High School. The thought
20
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
October 14, 2008
was to leave the street alone and they extended it east to Federal Highway and to the
bridge as they were waiting for that part of the downtown to be completed. In this
instance, and from an aesthetic point of view, it made sense to do so. but they did not
know the current version of the development plans approved for the Arches. They
included some infrastructure in the 4th Street right-of-way, which was minimally
invasive, but there still was work that had to be done. Aesthetically, it made sense to
finish the project.
The first portion of this project to bring the utilities to 2nd Avenue would allow for
sufficient utility capacity for that whole area. Mr. Bressner preferred the CRA pay for the
project on the tail end, They would have to use General Fund dollars to pay for it. The
amount was $300,000 and the work would have to be done in the next fiscal year
(2009/10.) He recognized the eRA was not in a position to pay the original $800,000
until that time.
Susan Harris, Finance Director, explained the $823,000 allocated for the project in
2010, was moved forward to this year for the MLK Project. The Board only has
$423,000 available in the fund balance and they would need to come up with another
$400,000 in this year's or next year's budget. She explained in the next two years they
would be in a deficit position due to their projects.
Chair Taylor polled the members about splitting the $300,000. Vice Chair Rodriguez
was in favor of the proposal to extend the project. Mr. Hay was in favor of splitting the
$300,000 and extending the project. Ms. Ross was also in agreement.
Mr. Weiland left the dais at 9:27 p.rn,
Motion
Vice Chair Rodriguez moved to approve Option 8 and the Community Redevelopment
Agency encumber $150,000 or half the cost.
Mr. Weiland returned to the dais at 9:28 p,m.
Motion
Vice Chair Rodriguez moved to approve Option 4, plus Option 8 as an attachment, less
the lights and the Community Redevelopment Agency encumber half the total cost for
this project. Mr. Hay seconded the motion that passed 4-1 (Mr. Weiland dissenting.)
G. Consideration of Proceeding with Sale of liquor license Owned by the
CRA
Ms. Brooks presented the item and explained they purchased the first right of refusal to
prevent a future adult use and they purchased the liquor license and wanted to put it on
21
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
December 9, 2008
D. Consideration of Resolution No. 08-07 Amending the Community
Redevelopment Plan to Include Community Policing Innovation Program
and Infrastructure Improvements
The CRA was currently funding a Community Policing Program, and had entered into an
interlocal agreement with the City to fund infrastructure improvements. However,
these items were not within any CRA Plan. The first CRA Plan noted that the City's
Capital Improvement Program (CIP) was sufficient, and it was not necessary for the
CRA to participate in upgrading the infrastructure. The CRA's current auditors advised
that in order to comply with State Statutes, the use of CRA dollars for these projects
should be set forth in a plan. This item was brought before the Board to consider
amending the Plan in order that the infrastructure and policing services could be legally
funded.
Attorney Cherof explained the amendment would require the approval of the City
Commission, as only the City Commission had the authority to amend the Community
Redevelopment Plan. This item had several subcomponents, including the approval of
the Downtown Master Plan.
Ms. Brooks pointed out language to amend the Downtown Master Plan would be
presented to the Board in February and would ensure compliance with State Statutes.
Ms. Ross inquired whether the policing structure was decided by the previous CRA
Board. Ms. Brooks replied in the negative, adding the decision was made in the
summer of 2007. The following language was a direct quote from the original CRA Plan
based on the City's Capital Improvement Program (CIP) in effect at the time: "The
analysis concludes that the proposed redevelopment project will neither strain existing
facilities nor incur costly improvements." A study made in 1984 deemed the
infrastructure to be sufficient for the redevelopment of the downtown. Since that time,
the density had increased.
Mr. WeIland left the dais at 8:01 p.m.
Attorney Cherof explained one would have to picture the condition of the entire area in
1984 to understand the determination that infrastructure improvements were not
needed. The current development of the property was the result of the activities of the
current Board, and there was a need to support the improvements.
Bob Brown, 701 South Seacrest, inquired as to how many police officers had been
added to the CRA. Chair Taylor replied five had been added.
Mr. Weiland returned to the dais at 8:03 p.m.
14
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
December 9, 2008
Motion
Mr. Hay moved to adopt Resolution No. 08-07. Ms. Ross seconded the motion that
passed unanimously.
E. Master Development Agreement with the Auburn Group Status Report
Attorney Cherof reported he had not received the most recent revised Master
Development Agreement from attorney Susan Motley until 6:00 p.m. and had not had
an opportunity to review the document. The agreement was to move forward for joint
consideration by the Board and City Commission at next Tuesday's City Commission
meeting.
Chair Taylor disclosed the following comments. In December 2007, the CRA decided to
present a Holiday Extravaganza and sought sponsors for the event. The Auburn Group
sponsored the event. Chair Taylor participated in the Christmas parade, lighting of the
Christmas tree, and welcoming the public. At the same time, a small VIP area was set
up for the elected officials, Board members and their guests, and beverages and snacks
were served. In 2008, the Auburn Group had appeared before the Board with regard to
the Master Development Agreement. Chair Taylor noted his participation in the events
would have no bearing on the manner in which he would vote on the Development
Agreement. At a recent workshop, one of the issues discussed in relation to the
agreement was a third-party financial review, which the Board agreed it would not
pursue. Chair Taylor now advocated a third-party review prior to going forward with
the agreement. The third-party verification would determine whether Auburn had the
ability to complete the project and whether the CRA had the necessary funds.
Additionally, there had been no financial reviews since July 2006.
Chair Taylor's second concern relating to the Development Agreement was the required
12-year commitment of Tax Increment Financing (TIF) funds in the amount of $23
million. As his term of office would be expiring in the near future, Chair Taylor
expressed apprehension in committing the current or future Board or City Commission
to the $23 million contribution, and preferred that the project be completed in phases.
Another concern pertained to the construction of a parking garage at a cost to the
taxpayers of $16 million dollars. Chair Taylor did not feel the garage could be deemed
a public use because of its location. While these concerns should have been addressed
in the latest revised agreement, Chair Taylor noted his concerns with the public's
perception of Auburn's sponsorship and any perceived notion that the sponsorship could
influence the Board. To that end, unless otherwise advised by the City/Board Attorney,
Chair Taylor noted he would execute a document stating he would not vote for or
against the Development Agreement.
15
REIMBURSEMENT AGREEMENT
CITY OF BOYNTON BEACH
SOUTHEAST 4TH STREET IMPROVEMENTS
THIS REIMBURSEMENT AGREEMENT is made and entered into this
day of 2009, by and between PALM BEACH COUNTY, a political
subdivision of the State of Florida hereinafter referred to as "COUNTY" and the city of
BOYNTON BEACH a municipal corporation of the state of Florida hereinafter referred
to as CITY.
WITNESSETH:
WHEREAS, the CITY will be undertaking street improvements on Southeast 4th
Street from Ocean Avenue to Southeast 1ih Avenue; and
WHEREAS, Southeast 4th Street, Ocean Avenue, and Southeast 1ih Avenue
are CITY owned roadways; and
WHEREAS, the CITY desires the financial support of the COUNTY for relocating
underground utilities, asphalt resurfacing of roadway, rebuilding sidewalks, median
landscaping, pavement markings and drainage hereinafter referred to as
IMPROVEMENTS; and
WHEREAS, after completion of IMPROVEMENTS the CITY will be responsible
for the perpetual maintenance of all IMPROVEMENTS; and
WHEREAS, COUNTY believes that the efforts by the CITY serve a public
purpose and wishes to provide for the cost of the IMPROVEMENTS by providing
reimbursement funding from the Board of County Commissioners Reserve District 4 in
an amount not to exceed THREE HUNDRED THOUSAND and 00/100 DOLLARS
($300,000.00); and
NOW THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties agree as follows:
1. The above recitals are true, correct and incorporated herein.
2. The COUNTY agrees to provide to the CITY reimbursement funding for
documented costs associated with the IMPROVEMENTS in an amount not to exceed
THREE HUNDRED THOUSAND and 00/100 DOLLARS ($300,000.00).
on n relmoursement basis within forty-five (45) dav~ (II IFee PIO';)'li!ntormatlnr reOUlrel
In paragraph 6, below
COUNTY obligation is limited to its paymem obligation and shall have nc
obligation to any other person or entity.
...
",.
The CITY agrees to assume all responsibility for design, bidding, contract
preparation, and contract administration necessary for the IMPROVEMENTS, includinQ
payment(s) to contractor(s) pursuant to all applicable governmental laws and
regulations and will comply with all applicable governmental codes and permitting
requirements in designing, completing and maintaining IMPROVEMENTS. The CITY
also agrees to assume financial responsibility for the completion of any portions of the
IMPROVEMENTS that are not fully funded by the amount set forth in Paragraph 2,
above.
6, The CITY will obtain or provide all labor and materials necessary for the
design and installation of the IMPROVEMENTS. COUNTY shall have the fine..
determination of eligibility for reimbursement. The CITY shall furnish to the OFFICE OF
THE COUNTY ENGINEER representative a request for payment supported by the
following:
A) A statement from a Florida Registered Engineer that the IMPROVEMENTS
have been inspected and were installed substantially in accordance with the
permitted plans for the IMPROVEMENTS, and;
B) A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form, attached hereto and incorporated herein as Exhibit "A" (pages 1
& 2), which are required for each and every reimbursement to the CITY Said
information shall list each invoice payable by the CITY and shall include the
vendor invoice number, invoice date, and the amount payable by the COUNT'(
The CITY shall attach a copy of each vendor invoice paid by the CITY along with
a copy of the respective check and shall make reference thereof to the applicable
evaluation of the CITY by an independent auditing firm employed by the COUNTY or by
the County Internal Audit Department at any time the COUNTY deems necessary.
8. The CITY agrees to be responsible for the subsequent maintenance of the
IMPROVEMENTS following the installation of the IMPROVEMENTS. The CITY shall be
solely responsible for obtaining and complying with all necessary permits, approvals
and authorizations from any federal, state, regional, COUNTY, or municipal agency if
any are required for the IMPROVEMENTS.
9. The IMPROVEMENTS shall be completed and final invoices submitted to
the COUNTY no later than October 1, 2010 and the COUNTY shall have no obligation
to the CITY or any other entity or person for any cost incurred thereafter unless the time
for completion is extended by modification of this Agreement.
10. Each party shall be liable for its own actions and negligence and to the
extent permitted by law; the CITY shall indemnify, defend and hold harmless the
COUNTY against any actions, claims or damages arising out of the CITY's negligence
in connection with this Agreement or the performance by the CITY as it may relate to
this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes, Section 786.28, nor shall the
same be construed to constitute agreement by either party to indemnify the other party
for such other party's negligence, willful or intentional acts or omissions.
11. Without waiving the right to sovereign immunity as provided by Section
768.28, Florida Statutes, CITY acknowledges to be self-insured for General Liability and
Automobile Liability under Florida sovereign immunity statutes with coverage limits of
$100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits
that may change and be set forth by the legislature. In the event CITY maintains third-
party commercial General Liability and Business Auto Liability in lieu of exclusive
reliance on self-insurance under Section 768.28, Florida Statutes, CITY shall agree to
maintain said insurance policies at limits not less than $500,000 combined single limit
.f,,1" h.......,.Jil" i......i.ll"\, ^r' ......."'....."""...." ,.I"'~,..,,_,... ,...ITV ^_...___ ..._ ~_:_..._;_ _... "'_ k_ __1.& :_"'.11"",.1 of"..
County. c/o DepartmenT of E-nqlneerlng and Public Works ,);'\(H h'f);:j'"
West Palm Beach FlOrida 3341 '!Attention Special Pro,Iects, ,nonjmatof bR 1684
4018). Compliance with the foregoing requirements shall not relieve CITY 01 Its habilitv
and obligations under this Agreement
12. As provided in F S 287.132-133, by entering into this Agreement or
performing any work in furtherance hereof, the CITY certifies that its affiliates, suppliers
sub-contractors, and consultants who perform work hereunder, have not been placed
on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof This
notice is required by F.S. 287.133(3) (a).
13. The CITY will require each contractor engaged by the CITY for work
associated with this Agreement to maintain:
a, Workers' Compensation coverage in accordance with Florida Statutes,
and;
b. Commercial General Liability coverage, including vehicle coverage, in
combined single limits of not less than ONE MILLION DOLLARS
($1,000,000.00). The COUNTY shall be included in the coverage as an
additional insured; and
c. A payment and performance bond for the total amount of the
IMPROVEMENTS in accordance with Florida Statute 255.05.
14. In the event of termination, the CITY shall not be relieved of liability to the
COUNTY for damages sustained by the COUNTY by virtue of any breach of the
Agreement by the CITY; and the COUNTY may withhold any payment to the CITY for
the purpose of set-off until such time as the exact amount of damages due the
COUNTY is determined.
15. CITY's termination of this Agreement shall result in all obligations of the
COUNTY for funding contemplated herein to be cancelled.
the remaining portions of this Agreement and the same shall remain in full force and
effect.
18. All notices required to be given under this Agreement shall be in writing,
and deemed sufficient to each party when sent by United States Mail, postage paid, to
the following:
AS TO THE COUNTY
Engineering and Public Works Department
Tanya N. McConnell, P.E.
Deputy County Engineer
2300 North Jog Road
West Palm Beach, Florida 33411
AS TO THE CITY
City of Boynton Beach
Jeff Livergood Public Works Director
100 East Boynton Beach Blvd.
Boynton, Florida 33435
561-737-3256 Fax 561-737-3258
19. This Agreement shall be construed and governed by the laws of the State
of Florida. Any legal action necessary to enforce this Agreement shall be held in Palm
Beach County. No remedy herein conferred upon any party is intended to be exclusive
of any other remedy, and each and every other remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or now hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power or remedy shall preclude any other or further exercise thereof.
20. Any costs or expenses (including reasonable attorney's fees) associated
with the enforcement of the terms and conditions of this Agreement shall be borne by
the respective parties; provided, however, that this clause pertains only to the parties to
the Agreement.
21. Except as expressly permitted herein to the contrary, no modification,
amendment, or alteration in the terms or conditions contained herein shall be effective
_._1___ ___",_:__....1:_ _ .....:u__ ..J__..___'" _,,__o."'_..J ...:........ ........_ ____ .&_..__1:....... __.... __,"_I:"',._.f
The COUNTY shall no! UF- leerned fe' assumE" any !lability
negligent or wrongful acts, or omiSSions '1' n'lf' other party CH parties! Nothln"
contained herein shall be construea as a waiver by any of the parties of the i1abiln
limits established in Section 768,28, Florida Statutes,
24. Each party shall promptly notify the other of any lawsuit-related complain1
or cause of action threatened or commenced against it which arises out of or relates. in
any manner, to the performance of this Agreement
25. The parties expressly covenant and agree that in the event any of the
parties is in default of its obligations under this Agreement, the parties not in default
shall provide to the defaulting party thirty (30) days written notice before exercising any
of their rights.
26, The preparation of this Agreement has been a joint effort of the parties,
and the resulting document shall not solely as a matter of judicial constraint, be
construed more severely against one of the parties than the other
27, This Agreement represents the entire understanding among the parties,
and supercedes all other negotiations, or agreements, written or oral, relating to this
Agreement.
28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County, Florida.
29. This Agreement shall take effect upon execution and the effective date
shall be the date of execution.
REMAINDER OF PAGE LEFT BLANK
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective on the date first above written.
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
By:
Chair
John F. Koons Chairman
ATTEST:
ATTEST:
SHARON R. BOCK, CLERK &
COMPTROLLER
By:
By:
Secretary
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
By:
General Counsel
Assistant County Attorney
Date:
Date:
APPROVED AS TO TERMS
AND CONDITIONS
By:
By:
Date:
Date:
eRA BOARD MEETING OF: February 10,2009
I I Consent Agenda I X I Old Business I I New Business I I Legal I I Other
SUBJECT: Consideration of Second Amendment - SE Federal Hwy. Corridor Water Main, Storm Water
Roadway Improvement Project (4th Street Utility Project)
SUMMARY:
. February 7, 2006, the City and CRA entered into an Interlocal Agreement for the purpose of
sharing the cost of various improvements along the SE 4th Street Corridor (ILA attached). The
CRA share of the cost was $1,123,000.
. The CRA received a commitment letter on May 20, 2008 from Palm Beach County
Commissioner McCarty for $300,000 to cover streetscape elements of the 4th Street Project.
. The CRA Board agreed to reduce the $1,123,000 by the $300,000 grant and defer $823,000 from
FY08-09 Budget to be paid in 2010 to cover 4th Street expenses. (See attached Minutes)
. At the CRA's Budget Discussion on August 7, 2008, the City Manager confirmed the $823,000
can be carried by the City until 2010.
. At the CRA Board Meeting on Segtember 2, 2008, the Board approved moving $400,000 from
the $823,000 designated for the 4 Street Project forward to the FY 2008-2009 budget to
partially fund the MLK Project.
. The ILA was amended on December 9,2008 (Amendment No.1) to revise the CRA cost sharing
for an additional $150,000 approved at the October 14, 2008 CRA Board meeting bringing the
total CRA cost to $1,273,000, excluding the reduction by $300,000 for the County grant (See
attached Minutes)
. The amended cost of the CRA commitment is $973,000.
. The attached Amendment No.2 to the ILA reflects the amended cost and provides for the
deferral of payment of the $973,000 until the payment ofTIF revenues from the City and County
for FY 2010/2011.
FISCAL IMP ACT: Amended ILA - $973,000.
eRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment
Plan
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2008 - 2009 Board Meetings\2-
10-09 Meeting\Southeast 4th Street Project - Amendment.doc
!~; ~~Y~Tp~ C ..
. East Side-West Side-Seas.lde Renaissance
REeOMMENDATIONS: Approve Amendment No.2 to reflect the revised CRA cost to $973,000
and formally defer payment until TIF funding is received for FY 2010/2011,
,/--'''~.
(r- )
~, J
Susan Harris
Finance Director
James Cherof
CRA Attorney
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2008 - 2009 Board Meetingsl2-
10-09 Meeting\Southeast 4th Street Project - Amendment.doc
SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH TO
PROVIDE FOR THE INSTALLATION OF A PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH
STREET
This Second Amendment to the Interlocal Agreement, is made and entered into this
_ day of 2009, by and between the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, hereinafter referred to as "CRA" and the CITY OF BOYNTON
BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," and
WITNESSETH;
WHEREAS, the CRA and the City entered into an Interlocal Agreement dated
February 7,2006 (the "Interlocal Agreement"); and
WHEREAS, the CRA and the City entered into Amendment No. 1 to the Interlocal
Agreement dated December 9, 2008; and
WHEREAS, the CRA and the City agree to amend the Interlocal Agreement as
hereinafter set forth.
NOWTHEREFORE, In consideration of the terms and provisions hereof and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by each of the parties it is agreed as follows;
1. Section 3. COMPENSATION is hereby amended by revising the following
Paragraph 3.02 to read as follows;
3.02 The Table 1 'CRA Share' of $1,273,000 will be reduced to $973,000 upon the receipt
of the Count grant in the amount of $300,000, which grant although awarded to the CRA will
be paid directly to the City. Such grant is expected to be paid no later than September 30,
2009. The remaining balance to be paid by the CRA to the City of $973,000 will be paid to
the City upon billing by the City after the receipt of Tax Increment Revenue from the City of
Boynton Beach and Palm Beach County for the Fiscal Year 2010/2011. However, if
construction related to the CRA Share is not completed, no funds will be expended until and
unless such construction is completed and the CRA receives supporting documentation of
such completion of the CRA Share. Payments shall be made by the CRA no later than thirty
(30) days after receipt of an invoice and the supporting documentation from the City. Said
payments will be made payable to the City of Boynton Beach and mailed to Attn: Finance
Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach,
Florida 33425. In the event of any dispute between the City and consultant(s) or
contractor(s) over the right to receive all or any payments under the contracts(s), the CRA
shall comply with the direction of the City and shall be indemnified by the City as set forth in
Section 6 below.
C:\Documents and Settings\buckleya\Local Settings\Temporary Internet Files\OLK61 \Amendment No 2-
4th Street ILA.doc
2. In all other respects, the parties ratify and confirm the Interlocal Agreement dated
February 14, 2006 and Amendment NO.1 dated December 9, 2008.
IN WITNESS WHEREOF, the parties have set their hands and seals this __ day of
,2009.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public
agency organized and existing under the laws of
the State of Florida.
By:
Jerry Taylor, Chairman
Approved as to Form:
Jim Cherof, Esquire
CITY OF BOYNTON BEACH, a municipal
corporation organized and existing under
The laws of the State of Florida,
By: __
Jerry Taylor, Mayor
Janet M. Prainito, CMC
City Clerk
CITY SEAL
C:\Documents and Settings\buckleya\Local Settings\Temporary Internet Files\OLK61 \Amendment No 2-
4th Street ILA.doc
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PMC Associates! Ine
l I
December 30, 2008
Vivian L. Brooks, Assistant Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
PMG Associates, Inc. (PMGA) is pleased to submit this price quote to complete professional services on
behalf of the Boynton Beach CRA. This quote represents our fee to complete the Scope of Services as
defined in the attachment.
The fee for this engagement will be a lump sum amount of $14,650, which will include all personnel costs
and direct expenses.
PMGA will also agree to use the current contract with Delray Beach as the basis of this agreement.
If this is acceptable, please let us know how to proceed.
Very truly yours,
PMG Associates, Inc.
K~'R. Gono't
Kathleen R. Gonot
President
J 1"1 \\,"1 Ilill,b,I1<' [-;"[lL.'\:\I\!. "lli!,: x. (', ".,.'11[:1 ( Ie 'L :,,1' i I .;, ," \. 'h:. . "~i\,I.. i, Ii', H!"',~, . \' \", 1':11",
Scope of Work
Financial Analysis of Master Development Agreement
and
Developer Financial Viability
1. Review and analysis of Auburn financials as of 12/31 108 (or latest available as
directed by the CRA) prepared by CPA and review of latest audited financial
to determine Auburn's viability as an organization and its ability to obtain and
carry the debt necessary to fund the proposed project.
2. Review the latest project development and operating proformas to determine
the need for public subsidy. Provide an opinion of what the public subsidy
should be, if any, to make the project financially feasible.
3. Review and analyze the business terms of the Master Development
Agreement and advise of any recommended changes.
4. Analyze the Agency's future TIF revenue over the next five year period to
determine the ability to fund the project as outlined in the Master
Development Agreement.
5. Analyze the Agency's bonding and financing capacity based on projected TIF
revenue over the next five years.
6. Determine the TIF revenue to be generated by the proposed project by phases
and year.
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'M A "R T 1 N
piA L M&BA CH
February 5, 2009
Lisa Bright, Executive Director
Boynton Beach Community Redevelopment Agenc)
639 E. Ocean Avenue Suite 103
Boynton Beach, FL 33435
Subject:
Proposal for Planning, Evaluation, and Analysis Assistance for
"Heart of Boynton" Redevelopment Project
Dear Ms. Bright:
Thank you for considering the Treasure Coast Regional Planning Council (TCRPC) to provide the
Boynton Beach Community Redevelopment Agency (CRA) with planning, evaluation, and analysis
services regarding the "Heart of Boynton" redevelopment project. We are submitting this proposed
agreement which includes a draft scope of services and proposed fee to perform such services,
If you have any questions or wish to further refine our suggested scope of services, please contact us at
your earliest convenience. However, if this agreement meets with the CRA's approval. we ask that you
sign it in the space provided and return a signed copy to our office for execution.
I. Scope of Work
Planning & Economic Analysis and Assistance for Heart of Boynton Redevelopment Project - $70,000
Per our understanding of the project, the CRA selected Auburn Group, LLC (the "proposer") to serve as
master developer in response to an RFP issued by the agency in 2006. It is our understanding that the
CRA wishes to utilize the TCRPC to assist with a comprehensive planning and economic analysis and
evaluation of the Development Agreement under consideration, including a review of the recent and
current financial condition of the proposer, the CRA, and proposed terms of the Development Agreement
for the project.
Accordingly, TCRPC intends to retain Economic Research Associates (ERA), an economic and real
estate consulting firm with extensive knowledge of the South Florida market generally and Boynton
Beach in particular, as a sub-consultant to complete the tasks identified above.
The specific tasks to be undertaken are delineated as follows:
"Bringing Communities Together"
Est
1 9 7 6
421 SW Camden Avenue - Stuart. Florida 34994
Phone (772) 221-4060 - SC 269-4060 - Fax (772) 221-4067 - E-mail - admin@tcrDc.oro
Ms. Bright, Boynton Beach CRA
February 5, 2009
Page 2
A. DeveloDer Financial Review
. Review and provide opinion of audited fmancial statements for the last three fiscal years
(2006,2007, and 2008), or as available, to evaluate the overall financial health of the
developer (all documents to be provided by CRA).
· Develop review protocol with CRA staff.
. Conduct assessment of other select similar projects by Auburn Group in region over past five
years.
· Conduct due diligence review to identify other pending issues or proposals with other public
entities, including identification of legal or tax liabilities.
B. Proiect Financial Feasibilitv Analvsis
· Analyze proposed development program, quantities and mix of uses, phasing, and absorption
(all documents to be provided by CRA).
· Prepare financial feasibility analysis of current development proposal for Heart of Boynton,
including developer costs and revenues, requested public subsidies, other public and private
funding, and project costs and yields.
· Determine anticipated annual tax increment fmancing (TIF) revenues to be generated over
time (buildout time frame per Development Agreement) by current development proposal.
· Analyze public subsidies requested by the developer for current development program and
compare to anticipated CRA TIF revenues over time.
· Test up to three alternate public subsidy scenarios for proposed development program.
c. eRA Financial Review
· Review and provide opinion of audited financial statements for the last three fiscal years
(2006,2007, and 2008) to evaluate overall financial viability ofCRA (all documents to be
provided by CRA).
· Analyze current financial commitments, including TIF obligations, of CRA.
· Develop comparative overview offmancial commitments and condition of three other
representative CRAs in region (CRA list to be created with CRA staff).
· Review and provide opinion as to CRA's fmancial ability to provide subsidies to "Heart of
Boynton" project as proposed in Development Agreement.
D. Findintls & Recommendations ReDort
· Prepare summary report detailing fmdings related to Developer Financial Review, Project
Financial Feasibility Analysis, and CRA Financial Review.
· Provide summary overview of other select representative projects with development programs
similar to "Heart of Boynton" in other CRAs in region.
· Provide summary overview of financial condition and commitments of other representative
CRAs in region.
· Provide recommendations regarding requested project subsidies, including discussion of
alternative public subsidy arrangements and best practices.
TCRPC anticipates copies of all necessary documents, including project proposals, Development
Agreement(s), staff reports, agency and developer audited financial statements, and other necessary data,
mapping, and relevant records will be provided by the Boynton Beach CRA and/or City of Boynton
Beach.
II. Schedule
TCRPC understands that the CRA anticipates completion of this work effort within eight (8) weeks from
execution of this agreement. A specific timeframe will be developed with the Boynton Beach CRA staff
at the project initiation meeting.
Ms. Bright, Boynton Beach CRA
February 5. 200Q
Page ~
III. Type and Format of Deliverables
TCRPC will provide the Boynton Beach CRA the following items as deliverables under this agreement:
· Three (3) color copies and one (1) electronic copy of the Draft Report
· Three (3) color copies and one (1) electronic copy of the Final Report
TCRPC will also format the data from the Draft and Final Reports into slides appropriate for inclusion in
a PowerPoint presentation. Other electronic formats will be determined in collaboration with CRA staff.
IV. Fees and Reimbursable Expenses
TCRPC will perform the professional services described in this proposal for a fixed fee in the amount of
$70,000. This includes travel, out-of-pocket expenses (printing and reproduction costs) film processing.
mail, couriers, sub-consultant costs, and other costs related to the professional services to be provided.
Fees shall be submitted as follows:
$35,000 or 50% upon execution of this agreement
$17,500 or 25% upon submittal of draft report
$17,500 or 25% upon submittal of final report
APPROVED AND ACCEPTED on this ... day of ..,.,......,..",....2009
By:
Lisa Bright
As Executive Director, Boynton Beach CRA
By:
Michael J. Busha, AICP
As Executive Director. TCRPC
Statutes & Constitution :View Statutes :->2008->ChOI86->Section 502 : Online Sunshine "!)age 10f2
Select Year: 2008 I Go]
The 2008 Florida Statutes
Title XIII
PLANNING AND DEVELOPMENT
Chapter 186 View Entire Chaoter
STATE AND REGIONAL PLANNING
186.502 Legislative findings; public purpose.--
(1) The Legislature finds and declares that:
(a) The problems of growth and development often transcend the boundaries of individual units of local
general-purpose government, and often no single unit can formulate plans or implement policies for
their solution without affecting other units in their geographic area.
(b) There is a need for regional planning agencies to assist local governments to resolve their common
problems, engage in areawide comprehensive and functional planning, administer certain federal and
state grants-in-aid, and provide a regional focus in regard to multiple programs undertaken on an
areawide basis.
(c) Federal and state programs should have coordinated purposes and consistent policy direction in
order to avoid the proliferation of overlapping, duplicating, and competing regional agencies. To further
this end, these efforts should result in 1entities agencies which effectively carry out a wide variety of
federal and state program designations.
(d) The financial and technical assistance of the state should be provided to regional planning agencies
to maximize the effective use of regional programs undertaken with 'the authorization of local, state, or
federal governments serving the citizens of this state.
(e) There is a need for the establishment at the regional level of clear policy plans that will guide
broad-based representative regional planning agencies as they undertake regional review functions.
(2) It is the declared purpose of this act to establish a common system of regional planning councils for
areawide coordination and related cooperative activities of federal, state, and local governments;
ensure a broad-based regional organization that can provide a truly regional perspective; and enhance
the ability and opportunity of local governments to resolve issues and problems transcending their
individual boundaries.
(3) The regional planning council is designated as the primary organization to address problems and
plan solutions that are of greater-than-local concern or scope, and the regional planning council shall be
recognized by local governments as one of the means to provide input into state policy development.
http://www.leg.state.fl.us/Statutes/index.cfm? App _ mode=Display _ Statute&Search _ String=... 2/2/2009
"'tatute~, & Constitution :View Statute~' .~O(lX ('hill :;((L "('('111111 ';;.!l: (lnlinc \unshJn(: PaL"
(4) The regional planning council is recognized as Florida's only multipurpose regional entity that IS )!'
position to plan for and coordinate intergovernmental solutions to growth-related problems on greater
than-local issues, provide technical assistance to local governments, and meet other needs of the
communities in each region. A council shall not act as a permitting or regulatory E!!lillY.
-_.~-~- ~._-
(5) The regional planning council shall have a duty to assist local governments with activities designed
to promote and facilitate economic development in the geographic area covered by the council.
HiSfory.--ss. 2, 5, ch. 80-315; s. 4, ch. 82-46: s.10, ch. 84-257: 5. 1, ch. 92-182; ss. 27, 38, ch. 93-206:
s. 91, ch. 99-251.
1Note.--The word "entities" appears to be an error; it was substituted for the word "regional" in the
preparation of C.S. for H.B. 1452 (1980).
Note.--Former s. 160.002.
Copyright @ 1995-2009 The Florida Legislature. Privacy Statement. Contact Us
http://www.leg.state.fl.us/Statutes/index.cfm ? App.mode=Display . Statute&Search.String=... 2/2/2009
Statutes & Constitution :View Statutes :->2008->ChOI86->Section 505 : Online Sunshine Page 1 of 3
Select Year: 2008 [GOl
The 2008 Florida Statutes
Title XIII
PLANNING AND DEVELOPMENT
Chapter 186 View Entire Chapter
STATE AND REGIONAL PLANNING
186.505 Regional planning councils; powers and duties.--Any regional planning council created
hereunder shall have the following powers:
(1) To adopt rules of procedure for the regulation of its affairs and the conduct of its business and to
appoint from among its members a chair to serve annually; however, such chair may be subject to
reelection.
(2) To adopt an official name and seal.
. (3) To maintain an office at such place or places within the comprehensive planning district as it may
designate.
(4) To employ and to compensate such personnel, consultants, and technical and professional assistants
as it deems necessary to exercise the powers and perform the duties set forth in this act.
(5) To make and enter into all contracts and agreements necessary or incidental to the performance of
its duties and the execution of its powers under this act.
(6) To hold public hearings and sponsor public forums in any part of the regional area whenever the
council deems it nece~sary or useful in the execution of its other functions.
(7) To sue and be sued in its own name.
(8) To accept and receive, in furtherance of its functions, funds, grants, and services from the Federal
Government or its agencies; from departments, agencies, and instrumentalities of state, municipal, or
local government; or from private or civic sources. Each regional planning council shall render an
accounting of the receipt and disbursement of all funds received by it, pursuant to the federal Older
Americans Act, to the Legislature no later than March 1 of each year.
(9) To receive and expend such sums of money as shall be from time to time appropriated for its use by
any county or municipality when approved by the council and to act as an agency to receive and expend
federal funds for planning.
\
\
\
\
\s(10) To act in an advisory capacity to the constituent local governments in regional, metropolitan,
county, and municipal planning matters.
"-~'R__---~----~-------- -- - --~~. -----. --~
\
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http://www.leg.state.fl.us/Statutes/index.cfm?App _ mode=Display _ Statute&Search _ String=... 2/2/2009
'-;tatu!e; & (onstitution :View Statutes- >200X-~( 'h01 Xh '-,t'cl1nJ!~II':; ()nIHk '-,unshint Page
(11) To cooperate, in the exercise of its planning functions with federFlt and state agencies Hi plannirw
for emergency management under s. 252.34(4)
(12) To fix and collect membership dues, rents, or fees when appropriate.
(13) To acquire, own, hold in custody, operate, maintain, lease, or sell real or personal property.
(14) To dispose of any property acquired through the execution of an interlocal agreement under s.
163.01.
(15) To accept gifts, grants, assistance, funds, or bequests.
(16) To conduct studies of the resources of the region.
(17) To participate with other governmental agencies, educational institutions, and private
organizations in the coordination or conduct of its activities.
(18) To select and appoint such advisory bodies as the council may find appropriate for the conduct of
its activities.
(19) To enter into contracts to provide, at cost, such services related to its responsibilities as may be
requested by local governments within the region and which the council finds feasible to perform.
(20) To provide technical assistance to local governments on growth management matters.
(21) To perform a coordinating function among other regional entities relating to preparation and
assurance of regular review of the strategic regional policy plan, with the entities to be coordinated
determined by the topics addressed in the strategic regional policy plan.
(22) To establish and conduct a cross-acceptance negotiation process with local governments intended
to resolve inconsistencies between applicable local and regional plans, with participation by local
governments being voluntary.
(23) To coordinate land development and transportation policies in a manner that fosters regionwide
transportation systems.
(24) To review plans of independent transportation authorities and metropolitan planning organizations
to identify inconsistencies between those agencies' plans and applicable local government plans.
(25) To use personnel, consultants, or technical or professional assistants of the council to help local
governments within the geographic area covered by the council conduct economic development
activities.
History.--s. 2, ch. 59-369; ss. 17, 35, ch. 69-106; s. 1, ch. 73-283; ss. 3, 5, ch. 80-315; s. 8, ch. 81-167;
s. 4, ch. 82-46; s. 8, ch. 83-55; s. 4, ch. 83-334; s. 12, ch. 84-257; s. 1, ch. 92-182; ss, 30, 38, ch. 93-
http://www.leg.state.f1.us/Statutes/index.cfm?App _ mode=Display~_ Statute&Search"String=... 2/2/2009
Statute3 & Constitution :View Statutes :->2')OS->Ch0186->Section :;0:- : Onlme Sunsllme lJage j 01 j
206; s. 959, ch. 95-147; s. 15, ch. 9~i-196; s. 71, ch. 99-2; s. 93, ch. 99-251.
Note.--Former s. 160.02.
Copyright ~ 1995-2009 The Florida Legislature. Privacy Statement. C:ontact Us
http://www.leg.state.fl.us/Statutes/index.cfm ? App _ mode=Display _ Statute&Search _ String=... 2/2/2009
Ii
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eRA BOARD MEETING OF: February 10,2009
I I Consent Agenda I I Old Business I X I
New Business
Legal
Other
SUBJECT: Consideration of Rescission of Contract with Native Technologies
SUMMARY: In November 2006, the CRA entered into a contract with Native Technologies, Inc. (See
Attached Contract.) The scope of the contract is to maintain the mangrove mitigation area at Jaycee Park and the
Promenade Park area mangroves. This includes the removal of debris and non-native invasive species to allow
the native species to thrive.
The maintenance of the mangrove mitigation area is a requirement of the Army Corp of Engineers and the South
Florida Water Management District permits to build the Boynton Beach Blvd. extension and the Promenade
pedestrian walkway. The required maintenance period is five years. The CRA is in its third year ofthe contract
with Native Technologies. The Contract allows for termination without default with fifteen days notice to the
Contractor.
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: 1983 Boynton Beach Community Redevelopment Plan
RECOMMENDATIONS: Rescind the contract with Native Technologies, Inc. per Section 6.
L/~
Vivian L. Brooks
Assistant Director
(QiJ pel rf) f't-h 17f LV ( J C
. 0(1 d/~/o~
James Cherof
CRA Attorney
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Native Recession.doc
CONTRACT
FOR
MANGROVE MITIGATION AREA MAINTENANCE
This Contract entered into this 14th day of November, 2006 by and between the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ('CRA"L a
public agency created pursuant to Chapter 163, Part III of the Florida Statutes, with a
business address of 915 South Federal Highway, Boynton Beach, Florida 33435,
And
Native Technologies, Inc. ("Contractor"), with a business address of 814 S Military
Trail, Deerfield Beach, FL 33442,
RECITALS
WHEREAS, the CRA was issued South Florida Water Management District
Permit 50-04166-P and United States Army Corps of Engineers Permit SAJ-2004-
l205(IP-JBH) for work which includes the filling of 0.26 acres of mature mangrove
forest to construct a cul-de-sac and pedestrian promenade; and
WHEREAS, as a condition to the above referenced permits, the CRA is
responsible for mitigating the impacts of the project which includes the maintenance
and monitoring of two preserves totaling 4,85 acres; and
WHEREAS, the CRA, pursuant to a Request for Proposal ("RFP"), sought
proposals for the required maintenance of a 0.57 mangrove mitigation area and a 0.3
acre native upland/wetland buffer and the mangrove area adjacent to the Boynton Beach
Promenade at Boynton Beach Boulevard and N, Federal Highway in Boynton Beach:
and
WHEREAS, on October 25, 2006, the CRA Board selected Native
Tec1mologies, Inc. as the Contractor to perform the work described in the above
referenced RFP; and
WHEREAS, at its November 14, 2006 meeting, the CRA Board approved this
Contract; and
NOW THEREFORE, in consideration of the mutual promises, covenants and
agreements herein contained and other good and valuable consideration, the receipt of
which is hereby acknowledged, it is agreed herein between the parties hereto as
follows:
Section 1.
SCOPE OF WORK
The work will consist of the maintenance on the Jaycee Park mangrove mitigation area
and the Boynton Beach Promenade area (wetland and upland/wetland buffer) per South
Florida Water Management District ("SFWMD") Permit 50-04166-P (See Exhibit "A"
attached hereto) and United States Army Corps of Engineers ("USACE") Permit SAJ-
2004-1205(IP-JBH) (See Exhibit "B" attached hereto) and revised Monitoring Schedule
(Exhibit "C" attached hereto). The scope of the work is set forth in detail below:
A. The control of exotic and nuisance vegetation maintained below 5% of
the total vegetative cover within the mitigation area, using the best available technology
for the control of these species.
B. The removal of trash and/or other debris within the mitigation area as
necessary.
C. Any additional maintenance as may be required by the CRA pursuant to
Section 4.0.e.
A maintenance report detailing the maintenance activities must be provided to the CRA
on the last day of every month.
Section 2.
TERM
Work on this project must begin within thirty (30) days of the completion of the
construction of the wetland area and the upland/wetland buffer. The CRA will provide
written notice to the Contractor as to this date. The services under this contract shall
be performed on a monthly basis for a period of five years, beginning on the Effective
Date.
Section 3.
PAYMENTS AND COMPLETION
a)
The total sum to be paid under this Contract is $97,015.20, or $1,616.92
per month for 60 months.
b)
Payments will be made monthly subject to satisfactory completion of the
work.
c)
Photographs shall be taken throughout the term of the contract to
document the work. Photographs shall be a size of 4" x 6" or digital.
The photographs shall be logged clearly identifying the job and the
subject matter of the photograph. The log and photographs shall be
submitted to the CRA with each invoice.
2
Section 4.
Section 5.
ADDITIONAL TERMS
a)
The Contractor shall not be responsible for acts beyond its reasonable
control, adverse soil and/or water quality, or negligence by others
including inappropriate engineering or design,
b)
The CRA shall be responsible for obtaining and paying for any and all
permits required for the above stated work prior to commencement of the
work,
c)
Invoices submitted for work completed shall be paid within thirty (30)
days of receipt. A finance charge of 1.500% per month or an annual
percentage rate of 18.000% will be computed on all past due balances.
d)
In the event that additional plants, vines, trees, etc. are added to the
FLEPPC "List of Invasive Species," the Contractor reserves the right to
request adjustments to this Contract if additional work is required.
e)
The Contractor agrees to provide additional exotic maintenance services,
if requested by the CRA, at a rate of $224.04 per hour.
TERMINATION FOR DEFAULT
The CRA may terminate this Contract on fifteen (15) days written notice to the
Contractor, before the termination date, without prejudice to any other remedy the
CRA may have, when the CRA determines, in its sole discretion, that the Contractor
has failed to perform its obligations under the Contract and fails to cure such default, if
curable, within five (5) days after receiving notice of such default.
Section 6.
TERMINATION WITHOUT DEF AUL T
The CRA may elect to terminate this Contract on fifteen (15) days written notice to the
Contractor before the termination date without cause or without prejudice to any other
right or remedy. In such cases, the Contractor shall be paid for all work executed up to
the date of termination.
Section 7.
NON-DISCRIMINATION
Developer agrees that no person shall, on the grounds of race, color, disability, national
origin, religion, age, familial status, sex or sexual orientation, be excluded from the
benefits of, or be subjected to discrimination under any activity carried on by the
Contractor, its sub-contractors, or agents, in the performance of this Contract. Should
such discrimination occur, the CRA will provide notice to the Contractor that it claims
there has been a breach of this condition and thereafter, Contractor shall have fifteen
,)
(15) business days to demand arbitration as to the claim of discrimination. The parties
will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of
the American Arbitration Association will govern. The arbitration will be governed by
the rules of the American Arbitration Association regardless of whether an arbitrator is
agreed upon by the parties. This arbitration shall be independent of any other actions
being taken by other governmental agencies. However, a finding by any agency or
court that such discrimination has occurred may be relied upon by the CRA as
conclusive proof of a breach of this provision, provided such fmding is final and not
appealable. If the Contractor does not demand arbitration within fifteen (15) business
days, or if arbitration is conducted and it is determined by the arbitrator that
discrimination has occurred, the CRA shall have the right to terminate this Contract and
pursue any and all other lawful remedies. The cost of such arbitration shall be borne
by the non-prevailing party. Such non-prevailing party shall be determined by the
arbitrator.
Section 8.
CONVICTED VENDOR LIST
As provided in Sections 287.132 - 287.133, Florida Statutes, by entering into this
Contract or performing any work in furtherance hereof, Contractor certifies that it, and
its affiliates, contractors, sub-contractors or agents who will perform hereunder, have
not been placed on the Convicted Vendor List maintained by the State of Florida
Department of Management Services within thirty-six (36) months immediately
preceding the date of this Contract.
Section 9.
INSURANCE REQUlRMENTS
The Contractor shall maintain worker's compensation and employers liability insurance
for all employees of the Contractor's engaged in work under this Contract and in
accordance with the laws of the State of Florida. The Contractor shall agree to be
responsible for the employment, control and conduct of its employees and for any
injury sustained by such employees in the course of their employment.
Section 10.
INDEMNIFICATION
The Contractor shall indemnify, defend, save, and hold harmless the CRA, their elected
officers, agents, and employees, from any and all claims, damages, losses, liabilities,
and expenses, direct, indirect or consequential arising out of, or alleged to have arisen
out of, or in consequence of the services furnished by or operations of the Contractor or
his subcontractors, agents, officers, employees or independent contractors pursuant to
the Contract, specifically including, but not limited to, those caused by or arising out of
any intentional act, omission, negligence or default of the Contractor and/or his
subcontractors, agents, servants or employees in the provision of services under this
Contract.
4
Section 11.
NOTICE
Whenever either party desires to give notice to the other party as required under this
Contract, it must be given by written notice sent by (i) hand delivery with a signed
receipt; (ii) by a recognized national courier service; or (iii) by Certified United States
Mail, with return receipt requested, addressed to the party for whom it is intended, at
the place last specified, and the place for giving of notice shall remain such until it shall
have been changed by written notice in compliance with the provisions of this
Paragraph. For the present, the parties designate the following as the respective places
for giving of notice, to wit:
If to the CRA:
Boynton Beach Community
Redevelopment Agency
Attn.: Lisa Bright, Executive Director
915 Federal Highway
Boynton Beach, Florida 33435
With copy to:
Kenneth G. SpilJias, Esquire
Lewis, Longman & Walker, P. A.
1700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, Florida 33401
If to Contractor:
Robert B. Miller
Native Technologies, Inc,
814 S. Military Trail
Deerfield Beach, FL 33442
Every notice shall be effective on the date actually received, as indicated on the receipt
therefore, or on the date delivery thereof is refused by the intended recipient
Section 12.
GENERAL PROVISIONS
A. Entire Agreement. The CRA and the Contractor agree that this Contract
sets forth the entire Contract between the parties and that there are no promises or
understandings other than those stated herein, None of the provisions, terms and
conditions contained in the Contract may be added to. modified, superseded, or
otherwise altered, except by written instrument executed by the parties hereto.
B. Exhibits. Each Exhibit referred to in this Contract forms an essential
part of this Contract. Any exhibits not physically attached shall be treated as part of
this Agreement and are incorporated herein by reference
')
C. Severability. If any provision of this Contract or application thereof to
any person or situation shall, to any extent, be held. invalid or unenforceable, the
remainder of this Contract, and the application of such provisions to persons or
situations other than those as to which it shall have been held invalid or unenforceable
shall not be affected thereby, and shall continue in full force and effect, and be
enforced to the fullest extent permitted by law.
D. Headings. The Headings herein are for convenience of reference only
and shall not be considered in any interpretation of this Contract.
E. Attorneys' Fees. Should it be necessary to bring an action to enforce
any of the provisions of this Contract, attorneys' fees and costs, including those at an
appellate level, shall be awarded to the prevailing party.
F. Jurisdiction and Venue. By the execution of this Contract, the parties
expressly consent to personal jurisdiction of Florida State Courts, and venue in Palm
Beach County, Florida, for the limited purpose of litigating a dispute arising out of this
Contract.
G. Governing Law. This Contract shall be governed under the laws of the
State of Florida.
H. Modification. This Contract may be modified only upon mutual written
consent of all parties.
I. Assignments. This Contract may not be signed without written consent
of the CRA.
J. Binding Authority. Each party hereby represents and warrants to the
other that each person executing this Contract on behalf of the CRA and Contractor (or
in any representative capacity) as applicable, has full right and lawful authority to
execute this Contract and to bind and obligate the party for whom or on whose behalf
he or she is signing with respect to all provisions contained in this Contract.
K. Effective Date: The Effective Date is herein defined as the date on which
the last party executes this Contract.
THE REMAINDER OF TIDS PAGE INTENTIONALLY LEFT BLANK
6
IN WITNESS WHEREOF. the parties hereto have entereciAhis contract on the
day and year first above written. /------.-.---
BOYNTON BEACH COMMUNITY
REDEVELO)>MENT AGEN~Y
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Print Name: Lisa A. Bright
Its: Executive Director
Date:
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~tII~~Y~Te~ eRA
. East Side-West Side-Seas'lde Renaissance
eRA BOARD MEETING OF: February 10,2009
I I Consent Agenda I I Old Business I X I
New Business
Legal
Other
SUBJECT: Consideration ofIssuing RFP for Maintenance of Mangrove Mitigation Area at Jaycee Park
SUMMARY: A requirement to construct the Promenade and Boynton Beach Blvd. Extension by the Army
Corp of Engineers and the South Florida Water Management District was that the CRA mitigate the loss of
mangroves due to the construction ofthe Promenade. The mangrove mitigation area was created in Jaycee Park.
The permitting agencies require the regular maintenance of the mitigation area and quarterly reports on the health
ofthe mitigation area. The Agency is obligated to continue the maintenance for an additional two years to be in
compliance with the permits.
If approved, the attached RFP will be publicly noticed and issued on February II tho
FISCAL IMP ACT: Up to $20,000 annually or $40,000 total.
CRA PLAN, PROGRAM OR PROJECT: 1983 Boynton Beach Community Redevelopment
Plan
RECOMMENDATIONS: Approve issuing the RFP for Maintenance of Mangrove Mitigation
Area at Jaycee Park
C(M{OkS
Assistant Director
@(l1/ rtlfe.....13 W / J(
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James Cherof
CRA Attorney
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Mangrove Mitigation Maint. RFP #2,doc
Public Notice
Request for Proposal
Maintenance of Manarove Mitiaation Area
ISSUING ENTITY: BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY (CRA)
PROPOSAL SUBMISSION DATE: February 27,2009 by 3:00 PM (Eastern
Day Light Savings Time)
GENERAL PROJECT DESCRIPTION
The FIRM will provide the maintenance of a mangrove mitigation area in
compliance with SWFMD and ACOE permits. The FIRM will also provide
written reports as required by the consultant monitoring the progress of
the mangrove mitigation area.
RFP SUBMITTAL
There will be pre-submittal meeting for the RFP on February 18, 2009 at
9:00 am. The PROPOSAL must be submitted no later than 3:00 PM
Eastern Savings Time on Friday, February 27,2009 to:
Boynton Beach
Community Redevelopment Agency (CRA)
Attention: Vivian L. Brooks, Assistant Director
915 S. Federal Highway
Boynton Beach, FL 33435
For further information and RFP Documents contact: Vivian Brooks at the
above address or 561-737-3256 between 8:30 AM and 5:00 PM.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
MANGROVE MITIGATION AREA MAINTENANCE
~uest for Proposal (RFP)
The Boynton Beach Community Redevelopment Agency (CRA) is soliciting
proposals for the maintenance of mangrove mitigation areas located at Jaycee
Park and the Boynton Beach Promenade in the City of Boynton Beach.
Project Description:
The Boynton Beach Community Redevelopment Agency, hereinafter known as
the "CRA," is seeking requests for proposals for the two year maintenance of a
0.57:!:. acre newly created mangrove mitigation area and 0.3:!:. acre native
upland/wetland buffer located in Jaycee Park at 2600 S. Federal Highway,
Boynton Beach, and the mangrove area adjacent to the Boynton Beach
Promenade at Boynton Beach Boulevard and N. Federal Highway in Boynton
Beach. The PROPOSER will provide a written quote for the work to be
performed.
Scope of Work to Be Performed:
THE PROPOSER shall perform the following services for the CRA on a yearly
basis for a two year term. The proposal shall include all materials and equipment
necessary for maintenance of the Jaycee Park mangrove mitigation area and the
Boynton Beach Promenade area (wetland and upland/wetland buffer) per
SFWMD Permit 50-04166-P and USACOE Permit SAJ-2004-1205 (IP-JBH) (see
attached documents for additional detail).
1. Routine Monthly Maintenance - Two Year Term
. Control of exotic and nuisance vegetation maintained below 5% of
the total vegetative cover within the mitigation area. Best available
technology must be employed for control of these species.
. Removal of trash and/or other debris as necessary.
. Monthly reports to the CRA on maintenance activities.
2. Additional Maintenance As Required by Client or Necessary
Please provide an hourly rate for work over and above the work listed
above.
1
Proposal Criteria:
The proposal must include the following:
. Name and address of the proposing firm or entity.
. A list of the professional team members, historical background information
on the principals and a description of their experience with similar projects
. A qualifications statement of the proposing firm or entity, including
verifiable examples of experience, photographs, addresses and project
information,
. A certificate of good standing from the Secretary of State, Division of
Corporations.
Timeline:
February 11, 2009
February 18, 2009
February 27, 2009
March 10, 2009
Publication of Notice of the RFP
Pre-proposal Meeting for Interested Parties at 9:00 am
Proposal packages due by 3:00 pm
Selection of contractor by CRA Board of Directors
Submittal Requirements:
Provide eight bound copies of the Proposal to:
Vivian L. Brooks
Assistant Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
Submittals must be received no later than 3:00 p.m. EST on February 27,
2009 at the CRA offices located at 915 S. Federal Highway in Boynton
Beach. Faxed submittals will not be permitted. The failure to strictly meet this
deadline will result in the submittal being rejected and returned unopened.
Any question regarding whether a submittal has been submitted timely shall
be resolved by reference to the time kept at the CRA office by the CRA's
receptionist or other delegated representative for the receipt of the submittals
A pre-proposal informational meeting will be held on February 18, 2009 at
9:00 am at the CRA Offices, 915 S, Federal Highway in Boynton Beach. The
purpose of the meeting will be to answer any outstanding questions regarding
the project and attendance is strongly encouraged.
")
Contacts:
All correspondence and requests for information regarding the request for
proposals, should be directed to:
Vivian L. Brooks
Assistant Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
E-mail brooksvil@ci.boynton-beach.fl.us
Telephone: (561) 737-3256
Non-Discrimination
The selected Proposer, its successors and assigns, agree that no person shall
on the grounds of race, color, disability, national origin, religion, age, familial
status, sex, or sexual orientation be subjected to discrimination. Should such
discrimination occur, the CRA will provide notice to the Proposer of a breach of
this condition and thereafter, Proposer has 15 days to demand arbitration as to
the claim of discrimination. The parties will then mutually agree to an arbitrator
and if they cannot agree, the auspices of the American Arbitration Association
will govern. This arbitration is independent of any other actions being taken by
other agencies. However, a finding by any other agency or court that such
discrimination has occurred may be relied upon by the CRA as conclusive proof
of a breach of this provision. If Proposer does not demand arbitration within 15
days, or if arbitration is conducted and it is determined by the arbitrator that
discrimination occurred, the CRA shall have the right to terminate any such
Agreement it has entered into with Proposer and pursue any and all other lawful
remedies.
Protests
Any and all decisions by the CRA Board to modify the schedule described herein,
requests for additional information, reject insufficient or unclear proposals,
formulate an objective point system for review, rate and rank proposals,
negotiate agreements, abandon negotiations, approve agreements, etc., shall be
at the CRA's sole discretion and no protests whatsoever shall be considered by
the CRA Board. Submittal of a reply to this RFP on the part of any and all
proposers constitutes acceptance of this policy.
Formation of Contract
The existence of a contractual relationship between the parties is contingent
upon the terms and conditions of the contract being negotiated to the satisfaction
3
of both parties and the execution of said contract by both parties The winning
proposer will be granted a contract for a period five years. The contract
documents shall include, but not be limited to, terms and conditions of this RFP
the submitted proposal inclusive of qualifications. the negotiated services as
agreed by both parties, and the ordering mechanism
Permits, Taxes and Licenses
Proposer shall at its own expense obtain all necessary permits, pay all licenses,
fees and taxes, required to comply with all local ordinances, state and federal
laws, rules and regulations applicable to the business to be carried on under the
contract.
Public Records
Florida law provides that records of a public agency shall at all times be open for
personal inspection by any person. Section 119.01, F.S., The Public Records
Law. Information and materials received by the CRA, in connection with a
submittal shall be deemed to be public records subject to public inspection.
However, certain exemptions to the public records law are statutorily provided for
in Section 119.07, F.S. If the Proposer believes any of the information contained
in its Submittal of Proposals is exempt trom the Public Records Law, then the
Proposer must in its response specifically identify the material which is deemed
to be exempt and cite the legal authority for the exemption and the CRA will
evaluate the material to determine whether it is exempt trom the Public Records
Law. Otherwise. the CRA will treat all materials received as public records.
Public Entity Crimes
"A person or affiliate who has been placed on the convicted vendor list following
a conviction tor a public entity crime may not submit Proposals, bids or
qualifications (as applicable), in response to a solicitation tor said
products/services in support of a public entity, and may not submit qualifications,
a proposal or bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
4
Drug Free Workplace Certification
All Proposers must complete and sign the attached "Drug Free Workplace
Certification by Vendor", and submit it with their Proposals. Failure to do so may
result in rejection of your proposal.
CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM
I certify the firm of responding to this
RFP maintains a drug-free workplace program, and that the following conditions
are met:
(1) We publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace; and specifying that actions will be taken against
employees for violations of such programs.
(2) We inform employees about the dangers of drug abuse in the workplace, the
company's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
(3) We give each employee engaged in providing the commodities or contractual
services included in this RFP a copy of the statement specified in Subsection (1).
(4) In the statement specified in Subsection (1), we notify the employee that, as a
condition of working in the commodities or contractual services covered under
this RFP, they will abide by the terms of the statement; and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to any violation
of Chapter 893 or any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such
conviction.
(5) We impose a sanction on, or require the satisfactory participation in a drug
abuse assistance or rehabilitation program if such is available in the employee's
community, by any employee who is convicted.
(6) We make a good faith effort to continue to maintain a drug-free workplace
through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies
fully with the above requirements.
Authorized Signature:
Date
Name & Title (typed)
5
Revised Work Schedule
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Kimley-Horn
and Associates, Inc.
'",,;' !' ~
May 23, 2006
Mr. Brent Nicholas
Environmental Resource Compliance
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33406
.
Suile 353
420 Lincoln Road
Miami Beach, Rorlda
33139
Re: SFWMD Environmental Resource
SFWMD Application No. 041020-5 Permit No. 50-04166-P
Boynton Beach Boulevard Extension & Promenade
Dear Mr. Nicholas,
I am enclosing a revised Work Schedule for the above project for your review and
concurrence. Last year's hurricanes delayed the project construction and
completion. The mitigation at both the Jaycee Park and Promenade areas are
complete and scheduled for SFWMD's final field review on May 31.
I am enclosing the Jaycee Park Sketch and Legal Description for the Conservation
Easement at Jaycee Park. The easement has also been submitted to the City of
Boynton Beach for their review and processing. The easement must be reviewed
by several City departments and the City Corrunission prior to final adoption and
recordation.
Please review the attached revised schedule and contact me to confirm your
approval or to discuss any questions you may have.
Sincerely,
KIMLEY -HORN AND ASSOClA TES, Inc.
C;J;LL- 17- ~
WilliamR. Cary, P.V
Cc: Robert Robson, Jr., SFwMD
Brandon Howard, USACQE - Ref: AppI. # SAJ 2004-1205
Lisa A. Bright, Director Community Redevelopment Agency
Nem Gomez, Interim Utilities Director City of Boynton Beach
Dennis Haynes, Burkhardt Construction, Inc.
Jonathan Ricketts, Jonathan T. Ricketts, Inc.
Laurinda Logan, Public Works City of Boynton Beach
Jady Rivers, Recreation and Parks Director City of Boynton Beach
Ted Kendziora, Kimley-Hom and Associates
.
TEl 305 673 2025
FAX 305 673 4882
SOUTH FLORIDA MANAGEMENT DISTRICT
AND U.s. ARMY CORPS OF ENGINEERS
WORK SCHEDULE REQUIREMENTS
Revised May 23, 2006
SFWMD Application No.: 031201-17
USACOE File No.: SAJ 2004-1205 (IP-JBH)
Mitigation Plan ill: HALL PROERTY
Activity ,
Cul-de-Sac Recorded Conservation Easement (3.81 ac.)
Promenade rev. of Recorded Conservation Easement (3.91 ac,)
Mitigation Plan ill: JAYCEE PARK
Activity ,
ON SITE REVIEW OF MITIGATION AREA STAKING
EXCAVATION AND GRADING MITIGATION
BOUNDARY SKETCH AND LEGAL DESCRIPTION OF
CONSERVATION AREA
SITE INSPECTION
PLANTING MITIGATION AREA
TIIvIE ZERO MONITORING REPORT
RECORDED CONSERVATION EASEMENT
TIME ZERO MONITORING REPORT FOR PROMENADE
BUFFER LANDSCAPING
FIRST MONITORING REPORT
SECOND MONITORING REPORT
TillRD MONITORING REPORT
FOURTH MONITORING REPORT
SITE INSPECTION
FIFTH MONITORING REPORT
* Revised Date
DUE DA TE
30 -APR-2005
15-JUN-2005
DUE DATE
13-APR-2005
15-JUL-2005
15-JUN-2006*
15-JUL-2005
31-0CT -2005
31-JUL-2006*
30-SEP-2006*
31-JUL-2006*
31-DEC-2006*
31-DEC-2007*
31-DEC-2008*
31-DEC-2009*
30-JUN-201O*
,,] -DEC-2010*
South Florida Water Management District
Revised Project Work Schedule
Application No : 031201-17
Project Work Schedule: JAYCEE PARK
Activity
PLANTING MITIGATION AREA
TIME ZERO MONITORING REPORT
TIME ZERO MONITORING REPORT (Promenade Buffer Landscaping)
RECORDED CONSERVATION EASEMENT (Jaycee Park)
FIRST MONITORING REPORT
SECOND MONITORING REPORT
THIRD MONITORING REPORT
FOURTH MONITORING REPORT
SITE INSPECTION
FIFTH MONITORING REPORT
Page 1 of 1
Due Date
31-0CT-2005
31-JUL-2006
31-JUL-2006
30-SEP-2006
31-DEC-2006
31-DEC-2007
31-DEC-2008
31-DEC-2009
30-JUN-2010
31-DEC-2010
Exhibit No : 15
South Florida Water Management District
Revised Proiect Work Schedulf'
Application No
041020-5
Project Work Schedule: BOYNTON PROMENADE
Activity
TIME ZERO MONITORING REPORT
FIRST MONITORING REPORT
SECOND MONITORING REPORT
THIRD MONITORING REPORT
FOURTH MONITORING REPORT
SITE INSPECTION
FIFTH MONITORING REPORT
l"aqsl
Due Date
31-JUL-2006
31-DEC-2006
31-DEC-2007
31-DEC-2008
31-DEC-20otl
30-JUN-201 (I
31-DEC-201 (;
Exhibit No : 3.5
South Florida Water Management. District Permit
6)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ENVIRONMENTAL RESOURCE
STANDARD GENERAL PERMIT NO. So-04166-P
DATE ISSUED: May 6,2005
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form #0941
08IS5
PERMITTEE: CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BLVD.
P.O. BOX 310
BOYNTON BEACH. FL 33425
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
639 SE OCEAN AVE ST 107
BOYNTON BEACH, FL 33425
PROJeCT DESCRIPTION: Modification of an Environmental Resource Permit to authorize construction and
operation of a linear pedestrian park project known as the Boynton Beach Boulevard
Promenade and construction of an additional 0.02 acres of onsite wetland Impacts
and additional onsite and offslte mitigation.
PALM BEACH COUNTY,
See Special Condition No:1. See attached Rule 40E-4.321, Florida Administrative
Code.
SEe 22 TWP 45S AGE 43E
PROJECT LOCATION:
PERMIT DURATION:
This is to notify you of Ula District's agency action ooncemlng Notice ot Intent for Permit Application No. 041020-5, dated October 20, 2004,
This action is taken pursuant to Rule 40E-1.603 and Chapter 4OE-40 , Florida AdministratIve Code (F.A.C.).
Based on the Information provided, District rules have been adhered to and an Environmental Resource General Permit is in enact for this
project subject 10:
,. Not PJCeiving a filed request for a Chapter 120, Florida Statutes, administrative hearing.
2. the attached 19 General Condltlons (see Pages: 2 - 4 of 8).
3. the attached 25 Special Conditions (see Pages: 5. 8 of 8) and
4. the attached 3 Exhibtt(s).
Should yQu object to Ihese conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed II you
desire a pubnc hearing or other revIeW of the propoeed agency aatlon. Please contact this office if you have any quuUons oonoeming this
matter. If we do not hear from you in accordance with the -Notice of Rights,. we will assume that you concur wIIh Ule District's action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a RNotlce of Rights" has been mailed to the Permittee (and the persons listed in the
attached distribution list) no later than 5:00 p.m. on this 6th day of May, 2005, In accordance wIth Section
120'Al~daSta~.y ./ .
BY: ~ ~~
Robert G. Robbins
Director. Natural Resource Management
Palm Beach Service Center
Certified mail number 7003 1010 0000 4434 3996
Enclosures
Page 1 of 8
~t~nNo.0410~5
Page 20f 8
GENERAL CONDIllONS
1_ All activities authorized by this permit shall be Implemented as set forth in the plans, spec'dicatloos and
performance criteria as approved by this permit. Any deviation from the permitted actlvlty and the
conClitions for undertaking that activity shall constitute a vioIatJon of this permit and Part IV, Chapter 373.
F.S.
2. This permit or a copy thereof, complete with all conditions. attachments, exhibits, and modifICations shall
be kept at the work site of the permitted activity. The complete permIt shall be available for review at the
work site upon request by District staff. The permittee shall require the contractor to review the complete
permit prior to commencement of the activity authorized by this permit.
3. ActIvities approved by this permit shall be oonducted in a manner which does not cause violations of State
water quality standards. The permittee shall Implement best management practices for erosion and
poUutlon control to prevent violation of State water quality standards. Temporary erosion control shall be
Implemented prior to and during construction, and P8!"lT1anent control measures shall be completed within 7
days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where
the possibility of transferring suspended solids into the receiving waterbody exists due to the pennitted
work. TurbIdity barriers shaR remain In place at alllocatlons until construction is completed and solis are
stabRized and vegetation has been estabfished. All practices shall be In accordance With the guidelines
and speclficatlons described in Chapter 6 of the Florida Land Development Manual; A GUide to Sound
Land and Wa~r Management (Department of Environmental Regulation, 1988), Incorporated by reference
In Rule 40E-4.091, F.A.C. unless a project-specific erosion and sediment control plan Is approved as part
of the permit. Thereafter 1he permittee shall be responsible for the removal of the barriers. The permittee
shall correct any erosion or shoaling that causes adverse Impacts to the water resources.
4. The permittee shall notify the District of the antlclpated construction start date within 30 days of the date
that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit.
the permittee shall submIt to the District an Environmental Resource Permit Construction Commencement
Notice FOJrn Number 0960 indicating the actual start date and the expected construction completion date.
5. When the duration of construction will exceed one year, the pennlttee shall submit construction status
repol't$ to the District on an annual basis utlllzlng an annual status report form. Status report forms shall be
submitted the fOllowing June of each year.
6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written
statement of completIon and certification by a professional engineer or other Individual authorized by law,
utilizing the supplied Environmental Resource/Surface Water Management Permit Construction
Cc1mpletion/Certiftcatlon Form Number 0881A, or Environmental Resource/Surface Water Management
Permit Construction Completion Certification. For Projects Permitted prior to October 3. 1995 Form No.
08B1B, incorporated by reference In Rule 401:-1.659, FAC. The statement of completion and cert~[cation
shall be based on om:;ite observation of construction or review of as-buIlt draWings for the purpose of
determining If the work was completed in compfiance with permitted plans and speclflcations. This
submittal shall serve to notify the District that the system Is ready for Inspection. Additionally, if deviation
from the approved drawings are discovered during the certification process, the certification must be
accompanied by a copy of the approved permit drawings with deviations noted. Both the original and
revised specifications must be clearly shown. The plans must be clearly labeled as "as-bunt" or "record"
drawings. All sUlVeyed dimensions and elevations shall be certified by a registered surveyor.
7. The operation phase of this pennlt shall not become effective: until the permittee has complied with the
requirements of condition (6) above, and submitted a request for conversion of Environmental Resource
Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to
be In compliance with the permitted plans and specifications; and the entity approved by the District in
accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit
Applications within the SoUth Florida Water Management District, accepts responsibility for oper~tion and
maintenance of the system. The permit shall not be transferred to such approved operation and
Application No 041020-5
Page 301 R
GENERAL CONDITrONS
maintenance entity until the operation phase of the permit becomes effective. Following inspection and
approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the
approved responsible operating entity if different from the permittee. Until the permft is transferred
pursuant to Seetlon 4OE-1.6107, FAC., the permittee shall be liable for compliance with the tenns of the
perm it.
8. Each phase or Independent portion of the permitted system must be completed in accordance with the
permitted plans and pel111lt conditions prior to the initiation of the permitted use of site infrastructure located
within the area served by that portion or phase of the system. Each phase or independent portion of the
system must be completed in accordance with the permitted plans and permit conditions prIor to transfer of
responsibility for operation and maintenance of the phase or portion of the system to a local government or
other responsible entity.
9. For those systems that will be operated or maintained by an entIty that will require an easement or deed
restriction in order to enable that entity to operate or maintain the system in conformance with this permit,
such easement or deed restriction must be recorded in the public records and submitted to the District
along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the
Basis of Review for Environmental Resource Pennit applications within the South Florida Water
Management District, prior to lot or units salas or prior to the completion of the system, whichever comes
first. Other documents concerning the establishment and authority of the operating entity must be filed with
the Secretary of State, county or municipal entitles. Final operation and maintenance documents must be
rocelved by the District when maintenance and operation of the system is accepted by the focal
government entity. Failure to submit the appropriate final documents will result in the permittee remaining
nable for carrylng out maintenance and operation of the pennitted system and any other permit conditions.
10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the
DIstrict in writing of the changes prior to implementation so that a determination can be made whether a
permit modificatlo{1ls required.
11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district
authorizations prior to the start of any activity approved by this permit. This permit does not convey to the
permittee or create in the permittee any property right, or any interest In real property, nor does it authorize
any entrance upon or activities on property which is not owned or controlled by the permittee, or convey
any rights or prMleges other than those specified in the permit and Chapter 40E.4 or Chapter 40E-40,
FAC..
12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any
excavation, construcUon, or other aotivlty involving the use of sovereign or other lands of the State. the title
to. which Is vested In the Board of Trustees of the Internal Improvement Trust Fund without obtaining the
required lease, license. easement, or other form of consent authorizing the proposed use. Therefore, the
pl~rmlttee Is responsible for obtaining any neoessary authorizations from the Board of Trustees prior to
commencing activity on sovereignty lands or other state-owned lands.
13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies
for a general permit pursuant to Subsection 40E-20.302(3), FAC., also known as the "No Notice- Rule.
14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities
which may arise by reason of the construction, alteration, operatlon, maintenance. removal, abandonment
or use of any system authorized by the permit.
15. AI'Y delineation of the extent of a wetland or other surface water submitted as part of the permit application,
including plans or other supporting documentation, shall not be considered binding, unless a specific
condition of this permit or a formal determination under Section 373.421 (2), F.S., provides otherwise,
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of
Application No. 041020-5
Page40f e
GENERAL CONDmONS
ownership or control of a pennitted system or the real property on which the permitted system is located.
All transfers 01 ownership or transfers of a pennit are subject to the requirements of Aules 40E-1.61 05 and
401:-1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that
may be required as a result of anY'liOlations prior to the sale. conveyance or other transfer of the system.
17. Upon reasonable notice to the permittee, District authorized staff with proper Identification shall have
permission to enter, Inspect, sample and test the system to insure conformity with the plans and
specifications approved by the permit
18. If historical or archaeological artifacts are discovered at any lime on the project site, the permittee shall
Immediately notify the appropriate District servIce center.
19. The permittee shall immediately notify the District in writing of any previously submitted information that is
latGl' discovered to be inaccurate.
A.ppllcatloo No. 041020-5
Page 5 of R
SPECIAL CONDITIONS
1. The oonstruction phase of this permit shall expire on May 6, 201 Q.
2. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems
that result from the construction or operation of the surface water management system.
3. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do nol
occur in the receiving water.
4. The District reserves the right to require that additional water quality treatment methods be incorporated
into the drainage system if such measures are shown to be necessary.
5_ FaciUties other than those stated herein shall not be constructed without an approved modification of this
permit.
6. This permit is issued based on the applicant's submitted information which reasonably demonstrates that
adverse water resource related Impacts will not be caused by the completed permit activity. Should any
adverse impacts caused by the completed surface water management system occur, the DIstrict will
require the permittee to provide appropriate mitigation to the District or other impacted party. The District
will require the permIttee to modify the surface water management system, if necessary, to eliminate the
calJse of the adverse impacts.
7. All contractors must be provided with a copy of the staff report and permit conditions prior to the
commencement of construction. The permittee is responsible for ensuring that all contractors adhere to
the project construction details and methods indicated on the attached permit Exhibits and described
herein.
8. "Wetland Preserve - Do Not Disturb- signs shall be installed along the upland limits of the buffer area at
the! project site and along the landward perimeter of the buffer area at the Jaycee Park offsite mitigation
area at 50' intervals and shall be maintained in perpetuity to discourage encroachment into protected
wetlands.
9. Spoil generated from any excavation necessary to complete the project and mitigation activities ,authorized
by this permit must be placed on an upland site and contained in such a manner as to prevent erosion into
wetlands or other surface waters.
10. Prior to the commencement of oonstruction, staked sill fencing and turbidity screens shall be installed
along the perimeter of a018cent wetlands and designated conservation areas to prevent encroachment into
the! protected areas, In accordance with exhibit No. 2.1. The permittee shall notify the Districts
Environmental Resource Compliance staff upon completion of installation of the silt fencing and turbJdhy
screens and schedule a site Inspection of this work. Installation of the erosion control measures shall be
subject to District staff approval. The permittee shall modify the turbidity and erosion control measures H
District staff detennines that they are insufficient or are not in conformance with the Intent of this permit.
The turbidity and erosion control measures shall remain in place until all adjacent constuction activities are
complete.
11. All temporary wetland impacts associated with project-related construction activities approved by this
permit shall be restored to pre-existing wetland elevations, replanted with red mangrove seedlings Installed
on 3' centers and maintained and monitored In accordance with Exhibit Nos. 3.0 and 3.1.
12. Any future park development or boardwalk, docking or fishing pier facilities proposed in the future at the
Jaycee Park site or along the ICWW waterward of the project site shall require review and approval by the
District through submittal of an application for an Environmental Resource Permit (ERP) modification. The
permittee is hereby notified that such facilities must be reviewed and meet all applicable ERP and
sovereign submerged lands permitting criteria at the time of application submittal for approval.
13. The permIttee shall Instruct all personnel associated with the project of the potential presence of manatees
and the need to avoid collisions with manatees. All construction personnel are responsible for observing
Application No. 041020-5
Page 6 of 8
SPECIAL CONDITIONS
water-related activities for the presence of manatee(s).
Th~ permittee shari advise all construction personnel that there are civil and criminal penalties for harming,
harassing. or killing manatees which are protected under the Marine Mammal Protection Act of 1972, The
Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act.
Siltation barriers shall be made of material In which manatees cannot become entangled, are properly
secured, and are regularly monitored to avoid manatee entrapment. Barrlers must not block manatee
entry to or exist from essential habitat.
All vessels associated with the construction project shall operate at -no wakelldle" speeds at all times
while in the construction area and whUe in water where the draft of the vessel provides less than a four-
fo-ot clearance from the bottom. All vessels will follow routes of deep water whenever possible.
If manatee(s) are seen within 100 yards of the active daily construction/dredging operation or vesser
movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These
precautions shall Include the operation of al/ moving equipment no closer than 50 feet of a manatee.
Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that
equipment. Activities will not resume until the manatee(s) has departed the project area of Its own voUtlon.
Any collision with and/or Injury to 8 manatee shaJl be reported Immediately to the FWC Hotline at 1--888-
404-FWCC. Collision and/or Injury should also be reported to the U.S. Rsh and Wildlife Service in
Jacksonville (1-904-232.2580) for north Florida or Vero Beach (1-561.562.3909) In south Rorida.
Temporary signs concemlng mana.s shall be posted prior to and during all construction/dredging
actlvltles. All signs are to be removed by the permittee upon completion of the project. A sign measuring
at least 3 ft. by 4 ft. which reads Caution: Manatee Area will be posted in a location promlnenuy visible to
water related construct/on crews. A second sign should be posted if vessels are associated with the
construct1on, and should be placed visible to the vessel operator. The second sign should be at least
8112- by 11- which reads Caution: Manatee Habitat. Idle speed is required if operating a vessel in the
construction area. All equipment must be shutdown if a manatee comes within 50 feet of operation. Any
collision with and/or injury to a manatee shall be reported ImmedIately to the FWC HotlIne ~t 1-888-404-
FWCC. The U.S. Fish and Wildlife Service should also be contacted In Jacksonvine (1-904-232-2580) for
north Florida or in Vero Beach (1-561-562-3909) for south Florida.
14. As shown in Exhlbft No. 3.0. a stable, permanent and accessible elevatIon reference shall be established
at the offslte mitigatIon area at Jaycee Park Within close proximity to the tidal flushing channel. The
loca1/on of the elevation reference must be noted on or identified within the Initial time zero mitigation
monitoring report.
15. A mitigation program for the project shall be implemented in accordance with exhibit Nos. 2.0 amd 3.0.
The pennittee tlhall create an additional 0.04 acres of mangrove wetlands at the offette mitigation area at
Jaycee Park and shall preserve an additional 0.1 acres of existing mangl'Ove wetlands and.created buffer
area 88 part of the oonservatlon easement for the onslle mitigation area.
16. Success of the mitigation activities proposed herein Is heavily dependent on proper grading to achieve the
design ground elevations necessary to recruit the expected vegetation or to sustain the proper hydrology
for the targeted vegetation communities', The permittee shall submit as-built topography of the proposed
mitigation araa(s) prlor to planting. The permittee shall correct any deficiencies in the project grade within
14 days of being notified of such deficiencies by District staff.
17. All provisions of Application No. 031201-17 conceming the construction, management, monitoring and
maintenance of the offslte mlttgation parcel at Jaycee Park not otherwise modified by this application shall
remain in effect.
Application No.. 04102D-S
Page 7 oj f.<
SPECIAL CONDITIONS
18. The District reserves the right to require remedial measures to be taken by the pennlttee if monitoring or
other Information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation
areas or buffers, or other surface waters have occurred due to project related aotivtties.
19. A monitoring program shall be implemented in accordance with Exhibit No. 3.0. The monitoring program
shall extend for a period of 5 years with annual reports submitted to District staft. By the end of the third
monitoring period, the offsite mitigation area and the onsite and offsite wetland buffers areas shall contain
an 85% coverage of desirable wetland and transitional/upland vegetation, respectively. The 85% coverage
rate shall be maintained throughout the remainder of the monitoring program, with replanting as
necessary. If native wetland, transitional, and upland species do not achieve an 85% coverage within the
specIfied time period, native species shall be planted in accordance with the maintenance program. At the
end of the 5 year monitoring program the entire mitigation area shall contain an 85% coverage of desirable
obJlgate and facultative wetland species within the wetland creation area and 85% coverage of desirable
transitional/upland plant species within the designated buffer area. these coverages shall be maintained in
perpetuity.
20. A maintenance program shall be implemented in accordance with Exhibit No. 3.0 for the onsite and offsite
mitigation areas and assooiatecj buffers on a regular basis to ensure the integrity and viability of those
areas as pennitted. Maintenance shall be conducted in perpetuity to ensure that the conservation areas
are maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council
a1 the time of permit issuance) immediately followJng a maintenanoe activity. Maintenance in perpetuity
shall also Insure that conservation areas, including buffers, maintain the species and coverage of native,
desirable vegetatfon specified in the permit. Coverage of exotic and nuIsance plant species shall not
9)(ceed 5% of total cover between maintenance activities. In addition, the permittee shaH manage the
conservation areas suoh that exotic/nuisance plant species do not dominate anyone section of those
areas.
21. Any wetland areas temporarily disturbed by project construction activftes shaU be restored to pr<<*xisting
wetland elevations, replanted with red mangrove seedlings placed on 3' centers and monitored for a period
of 5 years In conjunction with the project's mitigation monitoring program. Monitoring of the replanted
areas shall consist of photos taken from fixed point photo stations and any necessary replanting 10 acheive
80% coverage of the restored wetland area.
22. Perpetual maintenance of the mitigation area shall Include regular maintenance of the created tidal
flushing channels to ensure regular tidal flushing to the adjacent mangrove wetlands. Such maintenance
shalllnolude, but may not be limited to, periodic removal of any accumulated material or sediment and any
other measures necessary to prevent obstruction of tldal flushing through the created channels.
23, N.i provided in Exhibit No. 3.2a, the City of Boynton Beach shall be responsible tor the successful
compfetion of the mitigation construction, 5 year maintenance and monitoring program and perpetual
maintenance of the onsile and offslte mitigation areas. The Boynton Beach eRA shall also Jointly be
responsible for the construction and maintenance of the onsite w~land buffer and the required wetland
preserve signs at the project site, Including the monitoring and maintenance of the onsile mitigation and
buffer areas for the duration of the plan. The mItigation areB shall not be deemed to be in final compliance
until the mitigation monitoring has been completed in compliance with the permit and District
Environmental Resource Compliance staff has concurred.
24. Prior to the commencement of any construction associated with the Boynton Beach Blvd. extension or
promenade projects resulting in wetland impacts and in accordance with the work schedule in ExhibIt No.
3.5, the permittee shall submit two certified copies of the recorded conservation easement for the onsite
wetland preserve (AKA the Hall Property) and buffer area. For the 1.07 acre offsite mitigation area at
Jaycee .Park, a draft boundary sketch and legal description shall be submitted for review and approval by
District Environmental Resource Compliance staff in accordance with the work schedule outlined in Exhibit
No. 3.5. The reoorded conservation easement for the offsite mITigation area at Jaycee Park and the
mitigation buffer area shall be submitted 10 the District in accordance with the work schedule listed in
Applicatron No. 041020-5
Page8of8
SPECIAL CONDITIONS
Exhibit No. 3.5.
The .data for both the onstte and offsite conservation easments should also be supplied in a digital CAD
(.dxf) or GIS (ESRI Coverage) format The files should be in the Rorlda State Plane coordinate system,
East Zone (3601) with a data datum of NAD83, HARN with the map units in feet. This data should reside
on a CD or floppy disk and be submitted to the'Dlstrlct's Environmental Resource Compliance DIvision In
the service area office where the application was submitted.
The recorded easements shall be in substantial conformance with Exhibit Nos. 3.3 and 3.4. Any proposed
modifications to the approved torm must receive prior written consent from the District The easement
must be free of encumbrances or Interests in the easement which the District determines are contrary to
the Intent of the easement. In the event it Is later determined that there are encumbrances or interests In
the easement which the District determines are contrary to the intent of the easement, the pennlttee shall
be required to provide release or subordination of such encumbrances or Interests.
25. Actlvftles associated with the implementation of the mitlgation, monitoring and maintenance plan{s) shall
be completed In accordance with the work schedule attached as exhibit No. 3.5. Any deviation from these
time frames win require prior approval from the Dlstrlot's Environmental Resource Compliance staff. Such
raques1S must be made in writing and shall Include (1) reason for the change, (2) proposed start/flnish
andfor oompletlon dates; and (3) progress report on the status of the project development or mlUgation
effort.
MITIGA nON, MONITORING AND MAINTENANCE PLAN
BOYNTON BEACH BOULEVARD EXTENSION AND PROMENADE
BOYNTON BEACH, FL
SFWMD ADDENDUM
JANUARY,200S
I. Introduction
The applicant is proposing to conslIUct a 0.57 =!: (0.53+0.04) acre wetland creation area
within Jaycee Park. This creation area will be to provide compensatory mitigation for
impacts incurred during the construction of a cul-de-sac at the terminus of Boynton
Beach Blvd and the construction of a promenade within the existing utility easement.
This monitoring and maintenance plan is part of the modification to the South Florida
Water Management District (SFWMD) permit No. 50-04166-P.
II. Mitigation Plan
The applicant is proposing to create 0.57;1; acres of lI!angrove wetlands and 0.3:1= acres of
native upland/wetland buffer from existing uplands ~ithin th~ Jaycee Park parcel in the
City of Boynton Beach. 0.53;1; acres of creation are as per the conditions of the SFWMD
Pennit no. 5(}..()4166P dated 7/29/04 for the construction of the Boynton Beach Blvd. cul-
de-sac. The applicant will create an additional 0.04 acres of mangrove wetlands from
uplands at Jaycee Park and 0.17 acres 'of native upland/wetland buffer as a result of the
construction of th~ promenade. An additional 0.2 acres of existing mangroves at Jaycee
Park will also be placed under conservation. The total area to be placed under
It:onservation on the Jaycee Park site is 1.07* acres. Please see Figure M-IB.
The applicant proposes to dedicate an additional O.lO:!: acres of conservation easement
adjacent to the 3.81 acre conservation area which was included in the Boynton Beach
Blvd. Extension permit issued on July 29.2004. This is along the Promenade as shown
on plan sheet 1.1.
.....--::~~-..
....Jr.
Addition,r naivt: landscape areas. as shown on plan sheet 6.0 will be conslIUcted along
..,./ .."
t!he Promenade. The 'naIVe landscape areas will be maintained by the City.
I .
Page 1 of3
EXHIBIT 3.D a.
The applicant is proposiDg to scrape down and remove soil from an area adjacent to the
existing mangroves along the shoreline. The elevation of this area wiII range from
approximately mean low water to mean high water. Red Mangroves (Rhizophorq.
mangle) will be plated in this mitigation area.
An upland/wetland buffer will be planted around the creation area. The buffer will be
planted with a varlety of native plants endemic to the area. A planting plan is provided
on Figure M..IC.
ill. Monitoring Plan
A. Baseline Monitoring - The applicant will monitor the mitigation and buffer areas at
Jaycee Park and the landscape areas adjacent to the promenatJe created as a result of
'.
the above referenced projects. Baseline monitoring will be performed for these areas
within 30-days of completion of construction. This area will have one transect
established in each to evaluate vegetation type, percent cover, and to quantify
baseline conditions. Photograph stations will be established at intervals sufficient to
quantify and document significant changes in the. wetland areas. Location of
monitoring transects are shown on the wetland monitoring plan.
B. Subsequent Monitoring - Following baseline monitoring, the mitigation areas will be
monitored semi-annually (May and October) for the first ~-years and annually for the
next two years and/or until the success criteria is met. The project will be considered
successful if there is 85% coverage of desirable wetland species within 3 years.
The following will be included in the report:
· Vegetative species present and percent cover
· Water level measurements
. Qualitative assessment of plant health
· Presence otinvasivelexotic vegetation
Page 2 of3
EXHIBIT 3.Cb
Other information that will be gathered dwing the monitoring events includes
documentation of wildlife utilization, representati ve photographs, and
recommendations for corrective actions to meet success criteria.
IV. Maintenance Plan
The Jaycee Park creation area (wetland and upland/wetland buffer). the wetlands to
remain on the Boynton Beach Blvd site and the adjacent native landscape buffer will be
maintained in perpetuity by the City of Boynton Beach. Proposed maintenance for the
preserved areas will include control of exotic and nuisance vegetation. and removal of
trasb and/or other debris, as necessary. The City maintenance staff or a qualified local
contractor will perform maintenance activities on an as needed basis. Exotic and
nuisance vegetation coverage. will be maintained below 5% of the total vegetative cover
within the creation area. Best available technology will be employed for c.ontroI of these
species.
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Page 30f3
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PROMENADE WETLAND BUFFER MONITORING PLAN
BOYNTON
BOULEVARD
Army Corp. of Engineers Permit
DEPARTMENT OF THE ARMY PERMIT
Permittee: City of Boynton Beach
Permit No. SAJ-2004-1205(IP-JBH)
Issuing Office: u.s. Army Engineer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this
permit, means the permittee or any future transferee. The term
"this officen refers to the appropriate district or division
office of the Corps of Engineers having jurisdiction over the
permitted activity or the appropriate official of that office
acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms
and conditions specified below.
Project Description: The proposed project is to extend Boynton
Beach Boulevard east approximately 850-ft ending in a cul-de-sac
and further extending an additional 475-ft. east as a pedestrian
promenade from the cul-de-sac terminating at the Intracoastal
Waterway. The proposed work includes the filling of 0,26 acres
or mature mangrove forest to construct the cul-de-sacr the cul-
de-sac will also impact 0.02 acres of herbaceous wetlands, and
the promenade will impact 0.04 acres of herbaceous wetlands.
Mitigation will be performed to the south at Jaycee Park by
creating 0.54 acres of mangrove forest with a flushing channel,
placing the existing 0.2 acre mangrove fringe under conservation
easement to the South Florida Water Management District and
creating a 25-ft. planted buffer totaling 0.3 acres. The total
mitigation area at Jaycee Park will be 1.04 acres, which includes
the flushing channel. The applicant will also place a
conservation easement deeded to the South Florida Water
Management District over 3.81 acres of mature mangrove forest
directly north of the promenade to offset secondary impacts
resulting from the cul-de-sac and promenade construction. The
mitigation total amount of preserve area placed under
conservation easement to the South Florida Water Management
District will be 4.85 acres. Maintenance and monitoring of two
preserves totaling 4.85 acres will be provided in accordance with
the attached mitigation, monitoring and maintenance plan (Exhibit
2 a-g). The project is as shown and described on the attached
plans numbered SAJ-2004-1205(IP-JBH) in Exhibit 1 a-f, dated
January 13, 2005.
PERMIT NUMBER; SAJ-2004-1205(IP-JBH)
PBmUTTBE: Boynton Beach Community Redevelopment Agency
PAGE 2 of 10
Finally, the applicant is proposing to underground the existing
overhead FPL electrical transmission lines via horizontal
directional drill, which are located along the north property
line of the Marina Village parcel to the south and extends
approximately 500 feet west of the Intracoastal Waterway.
Project Location:
The Boynton Beach Boulevard site is located due east of the
existing terminus of Boynton Beach Boulevard in Sections 22,
Township 458 south, Range 43E east, in Boynton Beach, Palm Beach
County, Florida.
Boynton Beach Boulevard site
Latitude 260 31' 47" North
Longitude 800 3' 14" West
The Jaycee Park site is located at 2600 S. Federal Highway in
Sections 33, Township 458 south, Range 43E east, in Boynton
Beach, Palm Beach County, Florida.
Jaycee Park site
Latitude 260 30' 16.17" North
Longitude 800 3' 28.77" West
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized. ends on
February 8, 2010. If you find that you need more time to
complete the authorized activity, submit your request for a time
extension to this office for consideration at least one month
before the above date is reached.
2. You mu~t maintain the activity authorized by this permit in
good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General
Condition 4 below. Should you wish to cease to maintain the
authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this
PERMIT NUMBER: SAJ-2004-1205 (IP--JBH)
PERMITTBE: Boynton Beach Community Redevelopment Agency
PAGE 3 of 10
permit from this office, which may require restoration of the
area.
3. If you discover any previously unknown historic or
archeological remains while accomplishing the activity authorized
by this permit, you must immediately notify this office of what
you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a
recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
4. If you sell the property associated with this permit, you
must obtain the signature and mailing address of the new owner in
the space provided and forward a copy of the permit to this
office to validate the transfer of this authorization.
5. If a conditioned water certification has been issued for your
project, you must comply with the conditions specified in the
certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect
the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the
terms and conditions of your permit.
~ecial Conditions:
1. Fill material used with this project shall be limited to
suitable, clean fill material, which excludes material such as
trash, debris, car bodies, asphalt, construction materials,
concrete block with exposed reinforcement bars, and any Boils
contaminated with any toxic substance in toxic amounts (see
Section 307 of the Clean Water Act) .
2. All construction and mitigation efforts will be staged in
the uplands. Prior authorization will be required for any work
done from barges or in water construction by mechanical means.
3. Reduction and/or elimination of turbid water conditions in
adjacent water bodies and wetlands are to be achieved through the
use of Best Management Practices (BMPs), silt curtains, turbidity
curtains, screens and staked hay bales in the construction area
during periods of fill placement and excavation.
PERMIT NUMBER: SAJ-2004-1205(IP-JBH}
PERMITTEE: Boynton Beach Community Redevelopment Agency
PAGE 4 of 10
4. The applicant will maintain a less than 5% coverage of
exotic and nuisance species in accordance with the mitigation,
maintenance and monitoring plan (Exhibit 2 a-g), to include:
Brazilian pepper (Schinus terebenthifolius), Melaleuca (Melaleuca
quinquenervia), Australian Pine (Casuarina "equesetifolia), Old
World Climbing-Fern (Lygodium spp.), and Earleaf Acacia (Acacia
auriculiEor.mis) and all other Class I exotic Species as defined
by the Florida Exotic Pest Plant Council from the entire project
site and the two preserve areas.
5. The permittee shall perform monitoring and maintenance of
all areas placed under conservation easement. These two preserve
areas are compensation for direct and secondary wetland impacts
that will occur as a result of the Boynton Beach Boulevard
extension and the promenade. The maintenance and monitoring
reports shall be reported for a period of five years beginning
with the time zero monitoring report per Exhibit 4, for the
Jaycee Park preserve. Monitoring reports shall be submitted in
conformance with this Exhibit also.
6. Each monitoring report shall include the information
described by the attached mitigation, maintenance and monitoring
plan (Exhibit 2 a-g). In addition, each report shall provide a
narrative generally providing a professional biological opinion
of the condition of the conservation area, a plan view describing
the vegetative community, a list of species and their percent
cover for each community, description of whether the enhancement
has met the success criteria, the percent cover of wetland and of
exotic plant species, a description of any unusual climatic or
other factors, and panoramic photos from the same points as where
the photos for the initial report.
7. Each monitoring report, including the initial report, shall
include a Wetland Rapid Assessment Procedure (WRAP) evaluation of
the wetland creation area to be conducted annually. The initial
WRAP data will be collected at a location considered
representative of the polygon. Subsequent WRAP data will be
collected at the same location. The WRAP scores will be compared
to the projected scores used in the mitigation calculations.
a. If the mitigation areas have not reached the criteria for
success as stated in the attached monitoring plan (Exhibit 2 a-g)
or the projected WRAP scores (Exhibit 3 a-c) at the end of the
South Florida Water Management District five-year monitoring
PERMIT NUMBER: SAJ-2004-1205(IP-JBH)
PERMITTEE: Boynton Beach Community Redevelopment Agency
PAGE 5 of 10
period as depicted on Exhibit 4, the monitoring report shall also
include a plan of additional planting, excavation, monitoring,
and/or other actions to achieve success. Once a mitigation area
has reached success the long-term management plan will be
implemented to ensure the continued persistence of desirable
wetland communities. Periodic inspections will be conducted to
evaluate site conditions. Potential problems, such as re-
colonization by exotics, will be noted and appropriate corrective
actions undertaken. Follow up inspections will be made to
evaluate the success of the corrective actions and determine
what, if any, additional measures are required.
9. This permit acknowledges that the mitigation areas as shown
on the attached drawings shall be placed under a conservation
easement. Per Exhibit 4, the permittee will have a legally
sufficient conservation easement prepared to ensure that the
mitigation areas are preserved in perpetuity. The conservation
easement will encompass 4.85 acres. The permittee will ensure
that the mitigation areas to be preserved will not be disturbed
by any dredging, filling land clearing, agricultural activities,
or any other construction work whatsoever except for that which
is necessary to complete the mitigation. Upon completion of the
mitigation sites and at the cessation of the 5-year monitoring
period, the preserved areas shall not be disturbed by any of the
above activities except for the removal of exotic vegetation,
which shall be performed in perpetuity. The permittee agrees
that the only future utilization of the subject preserved areas
will be as a purely natural area.
10. The permittee will prepare the proposed conservation
easement, including a legal description, survey, and ~cale
drawings, of the areas in questions and furnish the same to the
Jacksonville District Office of Counsel, c/o Regulatory Division,
Enforcement Branch, Post Office Box 4970, Jacksonville, Florida
32232-0019, for legal review and approval.
11. Per Exhibit 4, the permittee will record the easement in the
public records of Palm Beach County, Florida. A certified copy
of the recorded document, plat, and verification of acceptance
from the grantee will be forwarded to the Jacksonville District
Office.
12. The permittee must show that it has clear title to the real
property and can legally place it under a conservation easement.
Along with the submittal of the draft conservation easement, the
PERMIT NUMBBR: SAJ-2004-120S (IP-JEH)
PBRMITTEE: Boynton Beach community Redevelopment Agency
PAGE 6 of 10
permittee shall submit a title insurance commitment for the
property, which is being offered for preservation. Any existing
liens or encumbrances on the property must be subordinated to the
conservation easement. At the time of recordation of the
consenration easement, a title insurance policy must be provided
to the Crops in the amount equal to the current market value of
the property.
13. In the event the permit is transferred, proof of delivery of
a copy of the recorded conservation easement to the subsequent
permittee or permittees must be submitted to the Corps together
with the notification of permit transfer.
14. Grantee shall not assign its right or obligation sunder this
conservation easement except to another organization qualified to
hold such interest under the applicable state and federal laws,
including !i704.06 Florida Statues, and committed to holding this
conservation easement exclusively for conservation purposes. The
Corps shall be notified in writing of any intention to reassign
the conservation easement to a new grantee and must approve the
selection of the grantee. The new grantee must accept the
assignment in writing and a copy of this acceptance deliver to
the Corps. The conservation easement must then he re-recorded
and indexed in the same manner as any other instrument affecting
title to real property and a copy of the recorded conservation
easement furnished to the Corps.
15. A copy of the monitoring reports shall be mailed to the
following addresses:
u. S. Army CO:tps of Engineers
South Permits Branch
4400 PGA Boulevard, Suite 500
Palm Beach Garqens, Florida 33410
Re: Project No: SAJ-2004-1205(IP-JBH)
u. S. Army Corps of Engineers
Enforcement Section (CESAJ-RD-SP-E)
P.O. Box 4970
Jacksonville, Florida 32232-0019
Re: project No: SAJ-2004-1205(IP-JEH)
16. The Corps reserves the right to require remedial measures to
be taken by the permittee if monitoring or other information
demonstrates that adverse impacts to onsite or offsite wetlands,
PERMIT NUMBER: SAJ-2004-1205(IP-JBH)
PERMITTEE: Boynton Beach Community Redevelopment Agency
PAGE 7 of 10
uplands or buffers have occurred due to project related
activities.
17. 'Within 60 days of the authorized work and completion of the
mitigation, the attached Self-Certification Statement of
Compliance must be completed and submitted to the Corps. Mail
the completed form to the Jacksonville District, Enforcement
Section, Post Office 4970, Jacksonville, Florida 32232-0019.
18. This permit acknowledges that the mitigation areas were
assessed based on the size, variety of habitats, and landuse as
described in the mitigation plan and permit application. Any
future land use changes to the mitigation areas including
abandonment of a portion of the conservation easement will require
notification to and approval by the Corps prior to making any
changes so that the Corps can determine if the landuse changes
diminish the function and value of the mitigation lands
Further Information:
1. congressional Authorities: You have been authorized to
undertake the activity described above pursuant to:
{ ) Section 10 of the Rivers and Harbors Act of 1899
(33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other
Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or
exclusive privileges.
c. This permit does not authorize any injury to the property
or rights of others.
d. This permit does not authorize interference with any
existing or proposed Federal projects.
PERMIT NUMBER: SAJ-2004-1205(IP-JBH)
PERMITTEE: Boynton Beach Comnunity Redevelopment Agency
PAGE 8 of 10
3. Limits of Federal Liability. In issuing this permit, the
Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a
result of other permitted or unpermitted activities or from
natural causes.
b. Damages to the permitted project or. uses thereof as a
result of current or future activities undertaken by or on behalf
of the United states in the public interest.
c. Damages to persons, property, or to other permitted or
unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the
permitted work.
e. Damage claims associated with any future modification,
suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this
office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate
its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation
include, but are not limited to, the following;
a. You fail to comply with the terms and conditions of this
permit.
b. The information provided by you in support of your permit
application proves to have been false, incomplete, or inaccurate
(see 4 above).
c. Significant new information surfaces which this office
did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is
appropriate to use the suspension, modification, and revocation
procedures contained in 33 CPR 325.7 or enforcement procedures
PERMIT NUMBER: SAJ-2004-1205(IP-JBH)
l?E~IITTEE : Boynton Beach Communi ty Redevelopment Agency
PAGE 9 of 10
such as those contained in 33 CPR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an
administrative order requiring you comply with the terms and
conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay' for any
corrective measures ordered by this office, and if you fail to
comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General Condition 1 establishes a time limit for
the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of
the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to
a request for an extension of this time limit.
MITIGATION, MONITORING AND MAINTENCE PLAN
BOYNTON BEACH BOULEVARD EXTENSION AND PROMENADE
BOYNTON BEACH, FL
USACOE ADDENDUM
NOVEMBER 29,2004
I. Introduction
The applicant is proposing to construct a 0.54 :f: acre wetland creation area within Jaycee
Park. This creation area will be to provide compensatory mitigation for impacts incurred
during the construction of a cul-de-sac at the terminus of Boynton Beach Blvd and the
construction of a promenade within the existing utility easement This monitoring IUld
maintenance pIan is part of the modification to the U.S. Army Corps of Engineers
(ACOE) application SAJ 2004-1205 (IP SLN)
D. Mitigation Plan
The applicant is proposing to create O.S4d: acres of mangrove wetlands and 0.3:f: acres of
native upland/wetland buffer from existing uplands within the Jaycee Park parcel in the
City of Boynton Beach. 0.50:1: acres of creation will be for the unavoidable impacts
proposed asa result of the construction of the culoode-sac. The applicant will create an
additional 0.04 acres of mangrove wetlands from uplands and 0.3:h acres of native
uplandlwetland buffer as a result of the construction of the promenade. The total native
creation area to be placed under conservation on the Jaycee Park site is 0.84:1: acres.
Additionally, the applicant will place 0.2:1: acres of existing mangroves under
conservation. The total area of to be placed under conservation at Jaycee Park will be
1.04:1: acres. Please. see Figure MIB.
Finally, the applicant will place 0.10 acres of upland native veg~tation adjacent to the
Promenade under conservation. The City has indicated that they do not wish to place all
of the 0.17 acres of nati\Te upland landscaping under conservation because the reaming
0.07 acres will be planted over two existing stormwater outfall pipes. The City foresees
the need to peIform maintenance on these pipes in the future. For that reason, they do not
believe that this area is suitable for a conservation easement. Please see Figure M-l.
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SAJ-2004-1205 (IP-JBH)
City of Boynton Beach
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The applicant is proposing to scrape down and remove soil from an area adjacent to the
existing mangroves along the shoreline. The elevation of this area will range from
approximately mean low water to mean high water. Red Mangroves (Rhizophora
mangle) will be plated in this mitigation area.
An uplandlwetland buffer will be planted around the creation area. The buffer will be
planted with a variety of native plants endemic to the area. A planting plan is provided
on Figure M-l C.
m. Monitoring Plan
A. Baseline Monitoring - The applicant wiIl monitor all mitigation areas at Jaycee Park
created as a result of the above referenced projects. Baseline monitoring will be
performed for the wetland creation area and upland/wetland buffer within 30-days of
completion of construction. This area will have one transect established to evaluate
vegetation type, percent cover, and to quantify baseline conditions. Photograph
stations will be established at intervals sufficient to quantify and document
significant changes in the wetland areas. Location of monitoring transects are shown
on fue wetland monitoring plan.
B. Subseauent Monitoring - Following baseline monitoring, the wetland creation area
will be monitored semi-annually (May and October) for the first 3-years and annually
for the next two years and/or until the success criteria is met. The project will be
considered successful if there is 85% coverage of desirable wetland species within 3
years.
The following will be included in the report:
. Vegetative species present and percent cover
. Water level measurements
. Qualitative assessment of plant health
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. Presence of invasive/exotic vegetation
Other infonnation that will be gathered during the monitoring events includes
documentation of wildlife utilization, representative photographs, and
recommendations for corrective actions to meet success criteria.
IV. Maintenance Plan
The Jaycee Park creation area (wetland and upland/wetland buffer), the wetlands to
remain on the Boynton Beach Blvd site and the adjacent native landscape buffer will be
maintained in peIpetuity by the City of Boynton Beach. Proposed maintenance for the
preserved. areas will include control of exotic and nuisance vegetation., and removal of
trash and/or other debris, as necessary. A qualified local contractor will perfonn
maintenance activities on an as needed basis. Exotic and nuisance vegetation coverage
will be maintained below 5% of the total vegetative cover within the creation area. Best
a.vailable technology will be employed for control of these species.
S:\044\044688002 Boynton Bch Blvd Extm (CRA)\ENV\Mit & MOIl PIll! Remed 112904 ACOE.doc
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LOCATION MAP AND AERIAL PHOTOGRAPH
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SITE PLAN
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SECTION C-C
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PLANTING PlAN
PLANT
WETLAND
Red Mangrove (Rhlzophora manGle )
SIZE DENSllY (o.c.) QUANTITY
1 gal 10' 317
1 gal 9' 208
3981 9' 208
3901 10' 56
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UPlANOJVVETlANO BUFFER
Beach Sunflower (Hallanthus debllls )
Sea OXeye Dalsey (Bonichla frutescens )
Green Buttonwood (Conocarpus erectus )
Cordgrass ( $partina patens )
CROSS-8ECTfONS AND PLANTING PLAN
JAYCEE PARK MITIGATION AREA
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Contract Form
CONTRACl
FOR
MANGROVE MITIGATION AREA MAINTENANeE
This Contract entered into this ____ _ day of November. 2009 by and between
the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), a
public agency created pursuant to Chapter 163, Part III of the Florida Statutes, with a
business address of 915 South Federal Highway, Boynton Beach, Florida 3 343 5.
And
RECIT ALS
WHEREAS, the CRA was issued a South Florida Water Management District
Permit 50-04166-P and United States Army Corps of Engineers Permit SAJ-2004-
1205(IP-JBH) for work which includes the filling of 0.26 acres of mature mangrove
forest to construct a cul-de-sac and pedestrian promenade; and
WHEREAS, as a condition to the above referenced permits, the CRA is
responsible for mitigating the impacts of the project which includes the maintenance and
monitoring of two preserves totaling 4.85 acres; and
WHEREAS, the CRA, pursuant to a Request for Proposal ("RFP"), sought
proposals for the required maintenance of a 0.57 mangrove mitigation area and a 0.3 acre
native upland/wetland buffer and the mangrove area adjacent to the Boynton Beach
Promenade at Boynton Beach Boulevard and N. Federal Highway in Boynton Beach; and
WHEREAS, on , the eRA Board selected Native
Technologies, Inc. as the Contractor to perform the work described in the above
referenced RFP; and
WHEREAS, at its
Contract; and
meeting, the CRA Board approved this
NOW THEREFORE, in consideration of the mutual promises, covenants and
agreements herein contained and other good and valuable consideration, the receipt of
which is hereby acknowledged, it is agreed herein between the parties hereto as follows:
Section 1.
seOPE OF WORK
The work will consist of the maintenance on the Jaycee Park mangrove mitigation area
and the Boynton Beach Promenade area (wetland and uplandlwetland buffer) per South
Florida Water Management District ("SFWMD") Permit 50-04166-P (See Exhibit "A"
attached hereto) and United States Army Corps of Engineers ("USACE") Permit SAJ-
2004-1205(IP-JBH) (See Exhibit "B" attached hereto) and revised Monitoring Schedule
(Exhibit "c" attached hereto). The scope of the work is set forth in detail below:
A. The control of exotic and nuisance vegetation maintained below 5% of the
total vegetative cover within the mitigation area, using the best available technology for
the control of these species.
B. The removal of trash andlor other debris within the mitigation area as
necessary .
C. Any additional maintenance as may be required by the CRA pursuant to
Section 4.0.e.
A maintenance report detailing the maintenance activities must be provided to the CRA
on the last day of every month.
Section 2.
TERM
Work on this project must begin within thirty (30) days of the execution of this Contract.
The CRA will provide a written notice to proceed to the Contractor upon execution of
this Contract. The services under this contract shall be performed on a monthly basis for
a period of two years, beginning on the Effective Date.
Section 3.
PAYMENTS AND eOMPLETION
a)
The total sum to be paid under this Contract is
per month for 24 months.
, or
b) Payments will be made monthly subject to satisfactory completion of the
work and submission of an invoice and report.
c) Photographs shall be taken throughout the term of the contract to
document the work. Photographs shall be a size of 4" x 6" or digital. The
photographs shall clearly identify the job and the subject matter of the
photograph. The log and photographs shall be submitted to the CRA with
each invoice.
2
Section 4.
Section 5.
ADDITIONAL TERMS
a)
The Contractor shall not be responsible for acts beyond its reasonable
control, adverse soil and/or water quality. or negligence by others
including inappropriate engineering or design.
b)
The CRA shall be responsible for obtaining and paying for any and all
permits required for the above stated work prior to commencement of the
work.
c)
Invoices submitted for work completed shall be paid within thirty (30)
days of receipt. A finance charge of 1.500% per month or an annual
percentage rate of 18.000% will be computed on all past due balances.
d)
In the event that additional plants, vines, trees, etc. are added to the
FLEPPC "List of Invasive Species," the Contractor reserves the right to
request adjustments to this Contract if additional work is required.
e)
The Contractor agrees to provide additional exotic maintenance services.
if requested by the CRA. at a rate of $_____ per hour.
TERMINATION FOR DEFAULT
The CRA may terminate this Contract on fifteen (15) days written notice to the
Contractor, before the termination date, without prejudice to any other remedy the CRA
may have, when the CRA determines, in its sole discretion, that the Contractor has failed
to perform its obligations under the Contract and fails to cure such default, if curable.
within five (5) days after receiving notice of such default.
Section 6.
TERMINATION WITHOUT DEFAULT
The CRA may elect to terminate this Contract on fifteen (15) days written notice to the
Contractor before the termination date without cause or without prejudice to any other
right or remedy. In such cases, the Contractor shall be paid for all work executed up to
the date of termination.
Section 7.
NON-DISeRIMINA TION
Contractor agrees that no person shall, on the grounds of race, color, disability, national
origin, religion, age, familial status, sex or sexual orientation, be excluded from the
benefits of, or be subjected to discrimination under any activity carried on by the
Contractor, its sub-contractors, or agents, in the performance of this Contract. Should
such discrimination occur, the CRA will provide notice to the Contractor that it claims
there has been a breach of this condition and thereafter. Contractor shall have fifteen (15)
business days to demand arbitration as to the claim of discrimination. The parties will
then mutually agree in writing to an arbitrator and if they cannot agree. the rules of the
3
American Arbitration Association will govern. The arbitration will be governed by the
rules of the American Arbitration Association regardless of whether an arbitrator is
agreed upon by the parties. This arbitration shall be independent of any other actions
being taken by other governmental agencies. However, a finding by any agency or court
that such discrimination has occurred may be relied upon by the eRA as conclusive proof
of a breach of this provision, provided such finding is final and not appealable. If the
Contractor does not demand arbitration within fifteen (15) business days, or if arbitration
is conducted and it is determined by the arbitrator that discrimination has occurred, the
CRA shall have the right to terminate this Contract and pursue any and all other lawful
remedies. The cost of such arbitration shall be borne by the non-prevailing party. Such
non-prevailing party shall be determined by the arbitrator.
Section 8.
eONVIeTED VENDOR LIST
As provided in Sections 287.132 - 287.133, Florida Statutes, by entering into this
Contract or performing any work in furtherance hereof, Contractor certifies that it, and its
affiliates, contractors, sub-contractors or agents who will perform hereunder, have not
been placed on the Convicted Vendor List maintained by the State of Florida Department
of Management Services within thirty-six (36) months immediately preceding the date of
this Contract.
Section 9.
INSURANeE REOUIRMENTS
The Contractor shall maintain worker's compensation and employers liability insurance
for all employees of the Contractor's engaged in work under this Contract and in
accordance with the laws of the State of Florida. The Contractor shall agree to be
responsible for the employment, control and conduct of its employees and for any injury
sustained by such employees in the course of their employment.
Section 10.
INDEMNIFIeATION
The Contractor shall indemnify, defend, save, and hold harmless the CRA, their elected
officers, agents, and employees, from any and all claims, damages, losses, liabilities, and
expenses, direct, indirect or consequential arising out of, or alleged to have arisen out of,
or in consequence of the services furnished by or operations of the Contractor or his
subcontractors, agents, officers, employees or independent contractors pursuant to the
Contract, specifically including, but not limited to, those caused by or arising out of any
intentional act, omission, negligence or default of the Contractor andlor his
subcontractors, agents, servants or employees in the provision of services under this
Contract.
4
Section 11.
NOTIeE
Whenever either party desires to give notice to the other party as required under this
Contract, it must be given by written notice sent by (i) hand delivery with a signed
receipt; (ii) by a recognized national courier service; or (iii) by Certified United States
Mail, with return receipt requested, addressed to the party for whom it is intended, at the
place last specified, and the place for giving of notice shall remain such until it shall have
been changed by written notice in compliance with the provisions of this paragraph. For
the present, the parties designate the following as the respective places for giving (\j
notice, to wit:
If to the CRA:
Boynton Beach Community
Redevelopment Agency
Attn.: Executive Director
915 Federal Highway
Boynton Beach, Florida 33435
With copy to:
James Cherof
CRA Attorney
100 Boynton Beach Blvd.
Boynton Beach, FL 3435
If to Contractor:
Every notice shall be effective on the date actually received, as indicated on the receipt
therefore, or on the date delivery thereof is refused by the intended recipient.
Section 12.
GENERAL PROVISIONS
A. Entire Agreement. The CRA and the Contractor agree that this Contract
sets forth the entire Contract between the parties and that there are no promises or
understandings other than those stated herein. None of the provisions, terms and
conditions contained in the Contract may be added to, modified, superseded, or otherwise
altered, except by written instrument executed by the parties hereto.
B. Exhibits. Each Exhibit referred to in this Contract forms an essential part
of this Contract. Any exhibits not physically attached shall be treated as part of this
Agreement and are incorporated herein by reference.
C. Severability. If any provision of this Contract or application thereof to
any person or situation shall, to any extent, be held invalid or unenforceable, the
remainder of this Contract, and the application of such provisions to persons or situations
other than those as to which it shall have been held invalid or unenforceable shall not be
affected thereby, and shall continue in full force and effect, and be enforced to the fullest
extent permitted by law.
D. Headings. The Headings herein are for convenience of reference only and
shall not be considered in any interpretation of this Contract.
E. Attorneys' Fees. Should it be necessary to bring an action to enforce any
of the provisions of this Contract, attorneys' fees and costs, including those at an
appellate level, shall be awarded to the prevailing party.
F. Jurisdiction and Venue. By the execution of this Contract, the parties
expressly consent to personal jurisdiction of Florida State Courts, and venue in Palm
Beach County, Florida, for the limited purpose of litigating a dispute arising out of this
Contract.
G. Governing Law. This Contract shall be governed under the laws of the
State of Florida.
H. Modification. This Contract may be modified only upon mutual written
consent of all parties.
1.
the CRA.
Assignments. This Contract may not be signed without written consent of
J. Binding Authority. Each party hereby represents and warrants to the other
that each person executing this Contract on behalf of the CRA and Contractor (or in any
representative capacity) as applicable, has full right and lawful authority to execute this
Contract and to bind and obligate the party for whom or on whose behalf he or she is
signing with respect to all provisions contained in this Contract.
K. Effective Date: The Effective Date is herein defined as the date on which
the last party executes this Contract.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
6
IN WITNESS WHEREOF, the parties hereto have entered this contract on the
day and year first above written.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Print Name: Jerry Taylor
Its: Chairman
Date:
(Witness)
(Print Name)
(Witness)
(Print Name)
"CONTRACTOR"
By: _
(Witness)
Print Name:
Its:
Date:
(Print Name)
(Witness)
(Print Name)
,
1I1~~qY~Te~ eRA
. East Side-West Side-Seas.lde Renaissance
eRA BOARD MEETING OF: February 10,2009
I I Consent Agenda I I Old Business I X I New Business I I Legal I I Other
SUBJECT: Graffiti Art Program
SUMMARY: Attached is a funding request from the Arts Commission through the Public Arts
Administrator. This project is within the Heart of Boynton to engage Boynton Beach youth in an
educational art experience on the positive aspects of "Graffiti Art" versus negative graffiti known as
"Tagging."
The project is supported by Boynton Beach Police Department, Youth Violence Prevention Program and
the Public Works Department.
FISCAL IMP ACT: Budget Line Item - 51990 (Contingent Account)
CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan
RECOMMENDATIONS: Approve the $10,000 request for funding to the Graffiti Art Program
and upon completion of the project, require the Arts Commission to provide the CRA Board with a one
page report and photo gallery demonstrating the project benefits/outcomes.
~
. a Bright
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board
Meetings\2-10-09 Meeting\Graffiti Art Program.doc
The City of Boynton Beach
CITY MANAGERS OFFICE
Public Art Administrator
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
phone (561) 742-6026 fax (561) 742-6089
email colesdobqyd@cLboynton-beach.fl.us
www boynton-beach org
February 4, 2009
Lisa Bright
Community Redevelopment Agency Director
915 South Federal Highway
Boynton beach, Florida 33435
Dear Lisa,
The Arts Commission has been planning ways to participate in public art demonstrations for the
Community Caring Center's Green Market events. At the December 27,2008 Green Market event the
Art in Public Places Program partnered with the Youth Violence Prevention Program provider and
teens to participate in a Kwanzaa Public Art Mural demonstration. At each Saturday Green Market
each board member takes a turn attending an Art in Public Places booth to educate the public about
the AIPP program.
I was approached by Public Works about a wall in the Heart of Boynton that needed painting and was
asked if a public art mural could be produced. I brought these opportunities to the Arts Commission
and they suggested that a greater impact can be met by combining the programs together.
This program, called the Graffiti Art program, was created to engage Boynton Beach youth in a public
art project that educates them on the positive aspects of "Graffiti Art" vs negative graffiti known as
"Tagging". The program goal is to create and execute a "Graffiti Art" mural on the Sara Sims Racquet
ball court wall located at 209 NW 9th Court. This wall faces MLK Boulevard just west of Seacrest
Boulevard. The program outcome will include collaboration with the community and teens on a mural
art concept and create public art to improve an area in the Heart of Boynton.
The project is estimated at $15,000.00 and includes the details outlined in the program overview at-
tached. Some of these expenses may be defrayed as explained in the back up document. The re-
quest is for $10,000.00 for this project. The Art in Public Places does not have this extra project
funded in it's 2008/09 budget. Since we are experiencing a down turned market and our funds de-
pend on development and redevelopment projects we have kept our budget to a minimum operational
spending level. The Arts Commission recommends that this project will engage many programs,
serve to improve an unsightly wall in Sarah Sims Park on MLK Boulevard and benefit the community.
Thank you for your consider~tion,
Debby Coles-Dobay, Public Art Administrator
cc: Lori LaVerriere, Assistant City Manager
Jeff Livergood, Public Works Director
Paula LeBlanc
A... City of Boynton Beach ~
_ Art in Public Places__
Enriching our Community through Public Art
PUBLIC ART GRAFFITI PROGRAM
ESTIMATED BUDGET:
Cost for graffiti artists to create and implement the program $15,000.00.
Includes: 2 - 3 professional graffiti artists time to execute the program, teach the sessions, manage
and execute the two live demonstrations (Sims Center and Green Market), base cost paint and labor
for the wall, paint the mural on the 80' x 20' wall (approximately a two week process), direct the teen
participation in the wall painting day long event and materials (plywood, paint cans, scaffolding etc )
Possible funding contributions from Public Works and Youth Violence Prevention Program.
Request for eRA funding $10,000.00
Objective: To engage Boynton Beach Youth in a public art graffiti project to educate them on the
positive aspects of "Graffiti Art" vs negative graffiti known as "Tagging". The Program goal is to create
and execute a "Graffiti Art" mural on the Sara Sims Racquet ball court wall is located at 209 NW 9th
Court that faces MLK Boulevard. The program will include collaboration with the community for the
mural concept and implementation.
Program Participants include:
Graffiti artists - A group of graffiti artists who have made a career creating "Graffiti Art" is interested
in producing a program in Boynton Beach. These young artists, aged 30 something, have experi-
enced illegal "tagging" in their early teens and evolved into becoming productive career artists. They
produce individual "Graffiti Art" that they sell and collectively paint walls and public spaces from Stuart
to Miami Beach.
YVPP (Youth Violence Prevention Program) and its providers, Boynton Beach High School stu-
dents, Art, Hester, Sims Center youth involved in programs and Boynton Beach Community can par-
ticipate in the program to understand and learn about "Graffiti Art" and how to improve their lives
through this art form. The program participants will also learn the negative aspects of "Tagging"
through this program.
City Police Department - Is interested in this program as it will teach negative "tagging" behavior
and transform it into positive acceptable outlet for the creativity of "Graffiti Art". The Art in Public
Places will engage the appropriate City Police Officers in the program to educate and encourage
youth participation in the program.
Public Works - Staff has approached the Art in Public Places to create an mural on the Sara Sims
racquet ball court wall. Their goal is to clean up, paint and improve the wall appearance. This wall
has been subject to negative "tagging" that causes high mainteniance and costs for the City. By en-
couraging and including the "taggers", area youth and local community on the mural subject and
painting process, it will assure that the wall will be less likely to be vandalized by "tagging".
Gary Davis YVPP service provider is interested in documenting this project. He teaches film mak-
ing and music production for the YVPP program.
eity of Boynton Beach ~
Art in Public Places ..-
Enriching our Community through Public Art
1 2/4/2009
PUBLIC ART GRAFFITI PROGRAM
Program schedule:
Demonstration at Sims Center - Host a live demonstration where the "Graffiti" artists paint several 4
x 6 foot plywood boards. This demonstration will be marketed, promoted and advertised to the de-
sired groups and area individuals. The demonstration would be scheduled in the evening outside the
Sims Center and include music to attract the targeted audience. The artists will encourage youth to
sign up or attend scheduled sessions for them to learn about and how to create "Graffiti Art".
One on one sessions - The artists would conduct several sessions (approximately 3 - 4) to encour-
age youth to participate that will educate them about "Graffiti Art". During these sessions several wall
mural concepts will be explored and the artists will get the teens buy in on one of the topics. The final
wall mural concept will be approved by the Arts Commission board. Youth will learn how they will par-
ticipate in the final mural wall project and prepared to conduct a live demonstration at an April Green
Market event.
April 2009 Green Market demonstration - The artists and the program participants will perform a
live painting demonstration on an old chevy police cruiser. The vehicle is available for free for this
demonstration. By painting this type of vehicle it will demonstrate the positive aspect of "Graffiti Art"
and call attention to why "tagging" is illegal. It will also be a good story to attract press and public at-
tention to this project. The demonstration will include music and provide a unique live demonstration
for the Green Market event.
May 2009 Wall Mural demonstration - This again will be a day long project that can include music to
deliver an entertainment component to the project. Public Works has committed to put a base coat on
the wall. The artists will have prepared a planned sketch on the wall surface and will begin to paint
the wall in preparation for the public painting event day. At the public painting event day, the youth
will contribute to the wall mural painting. The Sara Sims Racquet ball court wall is located at 209 NW
9th Court. It is in front of the basket ball court that faces MLK Boulevard just west of Seacrest Boule-
vard in Boynton Beach. It is 20" high and 81" long (1,620 total sq. ft). Once the wall is painted it will
last a minimum of 15 - 20 years before it may need to be repainted.
City of Boynton Beach .....
Art in Public Places wr
Enriching our Community through Public Art
2 - 2/4/2009