Loading...
HomeMy WebLinkAboutSubmittal - Lourdes Blanco - Statement Letter and Information PackageSubmitted into the e record f It si City Clerk Lourdes Blanco Executive Director MSEA on Good Morning Mr. Chairman Good Morning Commissioners I am here today to speak aboutSR 5 1. Commissioners, I believe that my rights as an employee of the City of Miami, Executive Director of MSEA have been violated as appears from the following: 2. In February 23, 2018, the City of Miami Administration asked me to accept a position in Parks and Recreation Dept., because someone else was taking over my position as Executive Director of MSEA. After this happens, at the City Commission Meeting on March 8, 2018, City Attorney Victoria Mendez request approval from the City Commission to authorize the independent Auditor of the City of Miami, Mr. Theodore Guba, to do an Audit of MSEA. She says, I have committed accounting and financial irregularities. City Attorney Victoria Mendez knows that MSEA had just been audited by CPA Anthony Brunson, in January 15, 2018, as required by City Ordinance Sec. 2-1021. City Attorney Victoria Mendez fails to inform you that this Audit, which is the real Audit, has not been discussed in public and has not been approved by the MSEA Board and the City Commission. Commissioners, today you are abolishing MSEA without knowing if MSEA is transferring to the City of Miami leases and agreements that are valid and enforceable, or that they can even be connected to signed contracts. 3. Mr. Theodore Guba does not conduct an Audit of MSEA, the report he writes is not subject to GSAP. This document has not been discussed by anyone, and I was not given the opportunity to respond to the final document. It took 4 months for this document to be made public, and when it is made public, Joey Flechas from the Miami Herald, writes an article about the report prepared by Mr. Theodore Guba. Family, Friends, my banker, a very prominent banker in Miami, are concerned about whether I have done something wrong. This is the kind of impact this article has made on people that know me, because the report provides an erroneous impression that what is written is somehow a fault of mine. Mr. Guba, to make chaos and confusion includes in his report discrepancies in budgets in the amount of $170 million in relationship with other 14 authorities totally unrelated to MSEA. My name and reputation has been dragged in the mud. 4. In September 27, 2011, Commissioner Frank Carollo confronts previous Executive Director Kirk Menendez about the revenues not been properly recorded in MSEA"s budgets. Kirk Menendez confirms to Commissioner Carollo, MSEA has in reserve funds $678,000.00 of which $107,460.00 are restrictive funds. In September 12, 2013, and in September 9, 2014, Commissioner Frank Carollo questions why the reserves and $22,000.00 rent revenue that was supposed to be received from the "Helipad" are not reflected in the budgets. City Manager Daniel Alfonso says he has been informed that "any revenues derived from this facility are restrictive and must be spent in the facility due to FAA requirements. Commissioners, the revenues derived from the Watson Island Heliport and Chalks are not supposed to be restrictive funds. CPA Anthony Brunson corrects and releases the restriction of the funds in the FY 2017 certified financial statements that have been placed under a rug. The supposedly lost cashier's checks for Chalks rent payments were delivered to me by Kirk Menendez in January 2015. The Heliport failed to make any rent payments since the effective date of the agreement dated October 9, 2013, as per requirements of the sublease Section 5.1 (a), until February 2015. The rents for both tenants was not budgeted because the money was never deposited in a financial institution. S. Budgets prepared by Kirk Menendez for fiscal years 2012-2015 omit MSEA's rent revenues and reserve funds. Whether this was due to incompetency or not, City Attorney Victoria Mendez y�s�-�,�+►�—tomes 81A�ro-S'lQawl. s�fvpnek�3.2. does not request for an Audit to be conducted to fiscally account for the rent revenues and reserve funds. Commissioners, these are real accounting and financial irregularities. For lack of time, I am only going to inform you about the first and last budget I prepared for MSEA, actual revenues, and actual expenses incurred. Budget for FY 2016, actual Rev. plus rollover funds $629,500.00, actual expenses $62,608.00, rollover funds $566,892.00, Budget for FY 2018, actual Rev. plus rollover funds $677,150.00, actual expenses $93,600.00, rollover funds $583,550.00. Grant funds are approved by the Board of Directors, are granted when the funds are available, at the discretion of the Board and are not considered operating expenses, they are deducted from MSEA reserve funds. For fiscal years 2016 and 2018 MSEA Board of Directors granted $95,000.00, and $30,000.00. Historically, employees of the City of Miami have been MSEA's Executive Directors. The salary portion paid by the City of Miami has never been included in MSEA's budget. MSEA is not been abolished for financial reasons, MSEA is been abolished for other reasons. I urge you to request a complete forensic investigation by an external CPA firm to confirm whether the report written about me by Mr. Theodore Guba, is correct or not. If it is not correct, the City of Miami for the benefit of its residents and all of us here, should request from the Miami Herald a retraction of what it is said about me in the article written by Joey Flechas named: Audit. Miami City Hail employee paid two salaries for job that might not be necessary, dated July 27, 2018. Submitted into the public record for item(s) S11.5 on 10/25/18 City Clerk Miami Sport and Exhibition Authority [MSEA] City of Miami Actual Revenues Actual Expenditures Submitted into the public record for item(s) 5R,5 on 10/25/18, City Cleric I r'L- -:1, 1) b 1 of 1 �` b� FY 2015-16 Budget FY 2015-16 Actual FY 2017-2818 Budget FY 2017-20.18 Actual Revenues MSEA Watson Island Seaplane Base $72,000 $72,000 $72,000 $72,000 Heliport $45,600 $67,600 $80,517 $80,517 pilot fees in arrears MSEA prior year Rollover $489,9001 $489,9D0 1 $524,6331 $524,633 Total Revenue and Rollover $607,S001 $629,500 $677,1501 _ $677,150 Expenditures Regular Salary & Wages $30,000 $14,000 $50,000 $50,000 FICA Taxes $1,300 $1,300 $3,800 $3,800 Retirement Contributions Life & Health Insurance $5,000 $5,000 $5,000 $5,000 Workers' Compensation Professional Services -Legal $500 Accounting and Auditing $18,333 $18,333 $20,300 $13,500 Other Contractual Services Travel & Per Diem Communications & Related Services $100 Bank Services $550 $550 Postage $50 $100 Car Allowance $5,400 $5,400 $5,400 $5,400 Business Meeting Expenses $1,500 $1,500 $2,000 Courier Delivery $100 $100 Contingencies $5,000 $5,000 General Insurance & Directors Liability $13,000 $9,000 $9,000 $8,000 Advertising and Related Costs Other Current Charges & Obligations Office Supplies $200 $200 Warehouse Storage $4,500 $4,500 $4,500 $4,500 Phone/Tablet/ PC Allowance $3,400 $3,400 $3,400 $3,400 Printing $100 $100 Subscriptions, Memberships, Licenses, Permits & Other $500 $175 $500 Grants from Reserve Funds $95,000 $158,000 $30,000 Expenditure Grand Total $88,935 $62,608 $110,550 $93,600 Rollover funds to Reserve Funds $566,892 $583,550 I r'L- -:1, 1) b 1 of 1 �` b� December 4, 2014 Members of the Board of Directors Miami sports and Exhibition Authority Submitted into the public record for item(s) 5R.5 on 10/25/18, City Clerk Re: Miami's Watson Island Heliport Letter dated November 7, 2014 Executive Director, In response to the letter dated November 7, 2014 From Mr. Paul Dudley, there are certain items that must be clarified regarding the allegations made in the above mentioned letter. With regard to the section that states an alternative plan was "leaked" to Mr. Dudley, that is not the case. Mr. Dudley was called on November 15`"`, the same date the staff was discussing the undergrounding route with FP&L that would be faster and less expensive to construct than what Mr. Dudley proposes. The Department of Real Estate and Asset Management, along with a representative of FPL explained to Mr. Dudley that routing the lines in the current location would be a cost savings to MSEA as well as a faster alternative to the rerouting the lines around the entire site. In addition, it was explained to Mr. Dudley that by routing the lines in their current easement would not be detrimental to his development nor would there be any constraints to his construction since this is standard procedure for FP&L in congested areas and the length of fine being undergrcunded was relatively short. Our staff has confirmed both with the Building Department and FP&L that there are no issues with building the lines underground at the proposed location. In act, FP&L confirmed that existing FP&L duct banks run within the airport and underneath the existing fuel farms. FP&L Distribution and Construction Standards do not provide a fuel farm restriction. The National Electric Code (NEC) also does not provide a fuel farm resitriction. We spoke to Mike Carey at Kimley Horn (Mr. Dudley's engineering firm) who was unable to identify anyone at the building department that said the project could not be approvied with the FP&L lines in the proposed easement. The following statement from the letter also is not accurate "...the last version of the undergrounding plan was circulated to me. I was in agreement as it reflected 0! -z o -t- o ff. z, 3 CA 5-e 1 0 -� what had been planned for years. Suddenly there appears to be a proposed new plan that somehow manged to avoid being shown to us." The current location of the lines have an existing easement recorded in OR Book 25598 Page 14115-1415 and executed October 30. 2007. This easement makes provisions that any future — work toany overhea acs sties, other than repairs, those utilities would be undergrounded. Therefore, it was only recently that anyone contemplated rerouting the lines to a different location outside of the current easement area, since the existing approved and recorded easement recorded more than seven (7) years ago contemplated keeping the lines in their current location with the future heliport development. By keeping the lines in the current location there is both a cost savings and time savings for the City with regards to resurveying the site, rerouting the lines and having to obtain new approvals from FP&L and the City for new easements. Should the lines be rerouted, the delay in time could extend up to three (3) additional months for ail of these items to be completed prior to any work actually starting. We must also state, Mr. Dudley has recently met with FP&L to establish new locations for their service point locations without notifying the City. With regards to additional expenses, the City was only responsible for the cost as it related to two conduits regardless of which alignment is selected. FP&L would be required to pay any and all additional costs related to the additional work. It is 7 currently estimated that MSEA's cost for the direct route of the two conduits would be approximately $228,000, while the estimated cost for the alignment proposed by Mr. Dudley is 8448,540. The statement made by Mr. Dudley that the new pian would potentially reduce the size of the hangar building is not accurate. The current location of the lines lie within an easement that fall under the heliport landing pads. The Hangar and Terminal buildings would never be allowed to encroach over the lines regardless because the landing pads have set dimensions established by FAA and FDOT for safety areas. Therefore by relocating the lines into their existing location would not affect the the previously approved proposed building in any way. It must also be clarified at this time that Mr. Dudley has failed to make any rent payments for the property since the Effective Date of the Agreement dated October 9, 2013 pursuant to the requirements of the Sublease Sectopm 5.1(a), Originally Mr. Dudley claimed that he did not have full possession of the site due to two trailers slightly encroaching on the property. Those trailers have since been removed and Mr. Dudley has had the opportunity to enclose the site with a security fence and remove the existing trees and clean up the property since then. Mr. Dudley was requested to place the appropriate rent payments in escrow on several occasions, however, no such proof of an account has been provided to MSEAor the City at this time. Sincerely, �Y Alice N. Bravo Deputy City Manager/Chief of Infrastructure Centennial FDOT 1-215*1015 Submitted into the public record for item(s) SR.5 on 10 25/18, City Clerk Florida Department of Transportation RICK SCOTT 1000 NW 1 i O' Avenue -IRM ROXOLD GOVERNOR Miami, Florida 33172-5800 ROS RE ARY — (.n June 15, 2015 m = 71 -+_.. N) Mr. Aldo Bustamante, Assistant Director Department of Real Estate and Asset Management C) r City of Miami rra f 444 SW 2 Avenue, 3rd Floor rn� rV Miami, Florida 33130 r` frro Dear Mr. Bustamante: By way of this letter you are receiving notification from the Florida Department of Transportation on our decision to redistribute the funds allocated in our work program for the Miami Heliport (Financial Project: 422742-1-94-01) for Fiscal Year 2017. The reason for our decision is based on the following: On September 7, 2005, the City of Miami sent a notification letter explaining that Miami Heliport was abandoned on August 19, 2005 in preparation for the development of the property as Flagstone Island Gardens - On May 1, 2008, the Miami Heliport was found to be abandoned during the annual licensing inspection. On July 12, 2006, the Airport License and Airport Site Approval Order for Miami Heliport were revoked due to abandonment. Section 332.007(6), FS restricts department participation in capital costs to "eligible public use airports". Eligible public use airports are defined in the Aviation Project Handbook as open, public use, and included in the Florida Aviation System Plan (FASP). Miami Heliport is closed and is not included in the FASP. It is therefore not eligible. Through several planning documents including the Airport Master Plan and Airport Layout Plan, the City of Miami has indicated that it intends to convert the existing Miami Seaplane Base into the Watson island Air Transportation Facility which will include facilities for both seaplanes and helicopters. It appears that the City of Miami has taken no steps to move forward with this plan. Current lease agreements at the Miami Seaplane Base restrict the ability of the seaplane base from accommodating compatible public use aeronautical activities and could jeopardize the status of Miami Seaplane Base {and the future Watson Island Air Transportation Facility} as a public use airport. For these reasons the Department will no longer support nor fund the aforementioned project. If you have any questions regarding this decision or would like additional information, please do not hesitate to contact me via email at Qus.oego(d)dot.state.fl.us or by phone at (305) 470-5197. Sin e ely, us Pego, P.E. District Secretary WWw.dot.state.f ms Submitted into the public record for item(s) 5R.5 on 10125/18, City Clerk (L � I to Li f 4' ui"'Iltli' 'IfficTrIba L\o ,Y' 91L'r "• �- 35CC PAN A04F.:ICAN DRIVC e ToMAS P. REf,.A LA [SQ `� i9x+r -� MIAMI. r�{, r,}Fil Via 331-'13INAYOR '.n* r1:,ry I�ri, t r k.3)b1 asp = 3u0 ( \ Fi * a/ -3os, ssn .anon MEMORANDUM TO: Daniel Alfonso, City Manager FROM- Tomas Regalado, Chairman, Miami Sports and Exhibition Authority (MSEA) CC: Todd Hannan, City Clerk CC: Lourdes B!anCcr, t'xeeutive Director, (V1SEA DATE: January 24, 2017 As Chairman of the MSEA, I am submitting the Yearly Report to the City Manager and the City Clerk and, in an oral way, it) the City Commission. The MSEA Board is serving the purl)ose for which it was created, which is, basically, to promote and sponsor events in the City of Miami that will serve the community. Also, the Bcard is tasked through the Executive Director to administer certain properties in the Watson Island area, specifically the Children's Museum, the heliport site and the sea -plane site. Durino 2016, the Board of PASF.A has been dealing with different issues to finalize the two major projects in parts of Watson Island, specifically the heliport and the sea -plane base. MSEA generates its own budget and, with its budget sponsors different events that will serve the purpose Of culture, tourism and sports, As for the administration of the Board, the Executive Director will work in 2017 to update the Interlocal Agreement between the City of Miami and MSEA. The JPA between the City and MSEA, that is part of tihis Interlocal Agreement, is expired. As we begin 2017, the MSEA hoard will continue to work with the administration to finalize major projects that will elevate Miami to new levels to serve residents, visitors and tourists. D)UJ"k*-V—I – cl-t2s> e a, 104, Submitted into the public record for item(s) SR.5 on 10/25/18, City Clerk tt lafIT �t Cxrct THEODORE P. GUaA, CPA, CIA, CFE �YtY ox INDEPENDENT AUDITOR GENERAL �w -i k illlr "rill Y .July 24, 2018 Honorable Members of the City Commission City of Miami 3500 Pan American Drive Coconut Grove, Fl_ 33133-5504 Re: Review of the Miami Sports and Exhibition Authority (MSEA) Report No. 18-07 Executive Summary Telephone (305) 416-2044 E -Mail: tguba@ia miarnigov.com We have completed a review of the revenues, expenditures, and operations at the Miami Sports and Exhibition Authority (MSEA). The review was performed as a result of a request from the City Manager to review MSEA, including any ,payments that have been made to the Executive Director, and the protocols in place to ensure that payments are legal, accurate, and appropriate. Our review included reviewing the City's and MSEA's relevant policies, and contractual agreements among the City, MSEA, and MSEA's subtenants; examining sources of MSEA's funding in relation to its establishment under Florida Statutes; reviewing MSEA's expenditures, including to its grant recipients and employee, primarily from September 1, 2014 through December 31, 2017. We also obtained and reviewed personnel records and performed other procedures as necessary. Based on our review, we noted the following; 1 The appointment of MSEA's Executive Director was not approved by the City Commission as required by the City Code of Ordinances. `� • The MSEA Executive Director did not meet the minimum educational requirements established for the position. • The MSEA Executive Director is paid salaries and benefits from two separate budgetable entities, the Office of the City Manager and MSEA. J MSEA did not furnish required monthly reports to the Mayor, City Commission and MSEA ! Board. • MSEA lacked written policies and procedures regarding financial and operational controls. • MSEA did not establish written policies and procedures governing grant expenditures and related budgets. OFFICE OF INDEPENDENT AUDITOR 5ENERAL/444 SW 2"° AVENUE, Tid FLOOR/MIAMI, FLORIDA 33130 Submitted into the public record for item(s) SRS on 10/25/1 City Clerk MSEA no longer receives convention development taxes, and a joint participation agreement that served as the basis of an Interlocal agreement between the City, the Florida Department of Transportation and MSEA expired. We also found that approved budgets totaling $170 million for 14 authorities, agencies, and trusts were not included in the City's adopted budget book. Details of our findings and recommendations are included on pages three through 16 of the report. We appreciate the cooperation extended to us by all personnel contacted during the review. Sincerely, Theodore P. Guba, CPA, CIA, CFE Independent Auditor General Office of the Independent Auditor General C: The Honorable Mayor Francis Suarez Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd Hannon, City Clerk Joe Napoli, Deputy City Manager John A. Greco, Deputy City Attorney Barnaby Min, Deputy City Attorney George Wysong, Assistant City Attorney, Supervisor Sandra Bridgeman, Assistant City Manager/Chief Financial Officer Nzeribe lhekwaba, Assistant City Manager/Chief of Operations Fernando Casamayor, Assistant City Manager Erica Paschal, Director, Finance Department Angela Roberts, Director, Human Resources Department Christopher Rose, Director, Office of Management and Budget Daniel Rotenberg, Director, Department of Real Estate and Asset Management Aldo Bustamante, Assistant Director, Department of Deal Estate and Asset Management MSEA Board of Directors Members of the Audit Advisory Committee Audit Documentation File Review conducted by; Robyn Sachs, CPA, CIA, CISA, CISSP, MBA Information Systems Audit Administrator Denning Zhang, CPA, Senior Staff Auditor Submitted into the public record for item(s) SR.5 on 10/25/18, City Clerk REVIEW OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) Report No. 18-07 TABLE OF CONTENTS SCOPE, OBJECTIVES, AND METHODOLOGY ............................ ..,..,.'I BACKGROUND..................................,......,..,..........................,.......... 2 FINDINGS AND RECOMMENDATIONS...........--......................................................................................3 FINDING 1: THE APPOINTMENT OF MSEA'S EXECUTIVE DIRECTOR WAS NOT APPROVED BY THE CITY COMMISSION AS REQUIRED BY THE CITY CODE OF ORDINANCES............................................3 FINDING 2: THE MSEA EXECUTIVE DIRECTOR DID NOT MEET THE MINIMUM EDUCATIONAL. REQUIREMENTS ESTABLISHED FOR THE POSITION................................................................................4 FINDING 3: THE MSEA EXECUTIVE DIRECTOR IS PAID SALARIES AND BENEFITS FROM TWO SEPARATE BUDGETABLE ENTITIES, THE OFFICE OF THE CITY MANAGER AND MSEA................5 FINDING 4: MSEA DID NOT FURNISH REQUIRED MONTHLY REPORTS TO THE MAYOR, CITY COMMISSION AND MSEA BOARD...................................................................................................................9 FINDING 5: MSEA LACKED WRITTEN POLICIES AND PROCEDURES REGARDING FINANCIAL AND OPERATIONAL CONTROLS.. ................. ........ I ... —11111-- ... ............ ..... -- .................. - .... -- ... 9 FINDING 6: MSEA DID NOT ESTABLISH WRITTEN POLICIES AND PROCEDURES GOVERNING GRANT EXPENDITURES AND RELATED BUDGETS..................................................................................11 FENDING 7: MSEA NO LONGER RECEIVES CONVENTION DEVELOPMENT TAXES, AND A JOINT PARTICIPATION AGREEMENT THAT SERVED AS THE BASIS OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY, THE FDOT AND MSEA EXPIRED ....... --- ... -............. ..... --- ................................ 13 OTHER FINDINGS AND RECOMMENDATIONS...................................................................................... 14 OTHER FINDING 1: APPROVED BUDGETS TOTALING 5170 MILLION FOR 14 AUTHORITIES, AGENCIES AND TRUSTS WERE NOT INCLUDED IN THE CITY'S ADOPTED OPERATIONAL BUDGET BOOK----------- ................... --....... ............................. ....... ....... ............................. ..... ....... ...... .14 Submitted into the public record for item(s) SR.S on 10 25 18 City Clerk SCOPE OBJECTIVES AND METHODOLOGY This review was performed as a result of a request from the City Manager to review MSEA, including any payments that have been made to the Executive Director, and the protocols in place to ensure that payments are legal, accurate, and appropriate. Our review procedures included reviewing the City's and MSEA's relevant policies, and contractual agreements among the City, MSEA, and MSEA's subtenants; examining sources of MSEA's funding in relation to its establishment under Florida Statutes; reviewing MSEA's expenditures, including to its grant recipients and employee. The review primarily covered the period from September 1, 2014 through December 31, 2017. The review methodology also included the following. ■ Reviewing the State of Florida Statutes under which MSEA was established and the City Ordinances under which it operates. • Reviewing personnel records in the City's Department of Human Resources. Reviewing MSEA's certified audit reports and financial statements. • Interviews and inquiries of appropriate personnel outside of the MSEA. ■ Other review procedures as deemed necessary. Submitted into the public record for item(s) SRS on 1012 18, City Clerk BACKGROUND On February 27, 2018, the City Manager requested that the Office of Independent Auditor General (OIAG) review the Miami Sports and Exhibition Authority (MSEA) and any payments that have been made by MSEA to its Executive Director. The City Manager stated that the Executive Director was receiving payments from MSEA in addition to her salary from the City and that he was unaware of any agreements authorizing dual payments to the Executive Director for her position at MSEA. The City Manager asked the OIAG to determine whether MSEA has sufficient protocols in place to ensure that payments are legal, accurate, and appropriate. On March 8, 2018, the City Commission discussed and approved the City Manager's request for the review during a regular Commission meeting. MSEA was established as an independent and autonomous agency and instrumentality of the City pursuant to Ordinance No. 9662, adopted on July 28, 1983, in connection with former Florida Statute Section 212.057 (1983), now repealed and superseded by Florida Statute Section 212.0305 — Convention Development Taxes (CDT). The City Code of Ordinances Chapter 2 -- Administration, Article XI — Boards, Committees, Commissions, Division 6 — Sports and Exhibition Authority states that MSEA shall promote sports, conventions and exhibitions to the greatest extent feasible, strive to generate and further community support to achieve this purpose, and shall endeavor to attract professional sports franchises to utilize facilities in the city. Currently, all CDT funding received by the City is used to pay off bonds that were issued to construct the Miami Marlins Ballpark. MSEA receives its funding from two tenants of City -owned properties on Watson Island. Its fiscal year 2018 budget designated the approximately $150,000 per year it collects from these tenants as grants that It may provide to recipients. MSEA's budgeted administrative expenditures were $89,000, $88,935, $107,808 and $112,450 for fiscal years 2015 through 2018, respectively. The current MSEA Executive Director started her career with the City in December 2009 as a Special Aide in the Office of the Mayor. Afterwards, she worked as an Administrative Aide II in the City's Building Department and then as an Administrative Assistant in the International & Intergovernmental Affairs Office. She was appointed by the MSEA Board of Directors as Interim Director on December 4, 2014 and as Executive Director on July 21, 2015 and serves as MSEA's only employee. Submitted into the public record for item(s) 5R.5 on 10/25/18, City Clerk FINDINGS AND RECOMMENDATIONS CONCLUSION: Based on our review, we noted the following: The appointment of MSEA's Executive Director was not approved by the City Commission as required by the City Code of Ordinances. • The MSEA Executive Director did not meet the minimum educational requirements established for the position. • The MSEA Executive Director is paid salaries and benefits from two separate budgetable entities, the Office of the City Manager and MSEA. • MSEA did not furnish required monthly reports to the Mayor, City Commission and MSEA Board. ■ MSEA lacked written policies and procedures regarding financial and operational controls. • MSEA did not establish written policies and procedures governing grant expenditures and related budgets. — - • MSEA no longer receives convention development taxes, and a joint participation ' agreement that served as the basis of an interlocal agreement between the City, the FDOT l and MSEA expired. We also found that approved budgets totaling $170 million for 14 authorities, agencies, and trusts were not included in the City's adopted budget book. _— etails of these results are described below and through page 16 FINDING 1: THE APPOINTMENT OF MSEA'S EXECUTIVE DIRECTOR WAS NOT APPROVED BY THE CITY COMMISSION AS REQUIRED BY THE CITY CODE OF ORDINANCES Section 2-10115 of the City Code of Ordinances (City Code) states: "There shall be a director who shall be appointed by the members of the authority subject to approval by four-fifths vete of the city commission. Upon the effective date of the incumbent director's resignation and thereafter, the members of the authority shall, within 90 days of such vacancy, appoint a new director of the authority. Such appointment and the terms and conditions of the new director's employment shall be subject to approval by a four-fifths vote by the city commission." During our fieldwork, we requested a legal opinion from the Office of the City Attorney {OCA} concerning whether the above -referenced section of the City Code applied to the appointment of the MSEA Interim Director and Executive Director. The OCA opined that the section of the City Code was applicable, and copies of the legal opinion were furnished to the City Mayor and City Manager, On December 4, 2014, while working as an Administrative Assistant for the International & Intergovernmental Affairs Office, she was appointed by the Board of Directors of MSEA as the Interim Director. During the July 21, 2015 meeting, the MSEA board appointed her as Executive Submitted into the public record for item(s) SR.5 on ii] 25 18, City Clerk Director. However, there is no evidence that she was subsequently approved by four -Fifths (415ths) vote of the City Commission for either appointment. A four-fifths (415ths) vote of the City Commission has been a requirement since February 15, 1990. As a result of the lack of formal approval of her appointment as MSEA Executive Director by a 415ths vote of the City Commission, she may not have the authority to serve as MSEA Executive Director. RECOMMENDATION 1: OFFICE OF THE CITY MANAGER We recommend that the Office of the City Manager request that the MSEA Board of Directors reselect its Executive Director. Then, the Office of the City Manager should place an item on the City Commission's agenda so that they may vote on the Board's appointment in accordance with the ordinances governing MSEA. • Management Response: The Office of the City Manager will recommend that the MSEA Board of Directors reselect its Executive Director. The Office of the City Manager will then place an item on the City Commission's agenda for their approval of the Board's appointment. • Implementation Date: September 1, 2018, FINDING 2: THE MSEA EXECUTIVE DIRECTOR DID NOT MEET THE MINIMUM EDUCATIONAL REQUIREMENTS ESTABLISHED FOR THE POSITION The City has established the position of "Executive Director, MSEA: Executive Unclassified" in the Office of the City Manager, As of June 2018, the job description states that the minimum educational requirements for this executive position are a "Bachelor's degree and extensive (8- 12 years) experience in the field" or "an equivalent combination of education and experience beyond a Bachelor's degree-" The Executive Director was appointed on July 21, 2015, However, an application for employment was not prepared and submitted for this position until January 3, 2017, on which she listed an Associate of Arts degree from Miami -Dade College as her only college degree. An Associate of Arts degree requires only two years of college, whereas a Bachelor's degree requires four years of college. The City's Human Resources Department confirmed that she did not meet the minimum educational requirements for the position. We also verified with Human Resources that a Qualification Procedure Form, which is required to be completed by Human Resources to ensure an applicant is qualified for a position, was not completed. In the absence of a Bachelor's degree or a completed Qualification Procedure Form, we asked Human Resources if a waiver of the minimum educational requirements had been completed. However, no such waiver was submitted or approved. Finally, the Personnel Action Form for the Executive Director position was approved by personnel in the Office of the City Manager on May 30, 2017, with an effective date retroactive to the date of her appointment on July 21, 2015. Submitted into the public record for item(s) SR.5 an 1b LS I8, City Cleric RECOMMENDATION 2: OFFICE OF THE CITY MANAGER We recommend that the Office of the City Manager in concert with Human Resources take appropriate action to comply with City policies and procedures in regard to the educational requirements of the MSEA Executive Director position. Management Response: On March 14, 2018, the City Manager approved the directive that the Department of Human Resources amend the equivalence clause for all City job descriptions. The amended clause now has a combination of education and experience beginning at the level of a high school diploma (or its equivalent). This clause allows the candidates to qualify for position by substituting higher education for experience or substituting more experience for less education. Implementation Elate: Already in progress. FINDING 3: THE MSEA EXECUTIVE DIRECTOR IS PAID SALARIES AND BENEFITS FROM TWO SEPARATE BUDGETABLE ENTITIES, THE OFFICE OF THE CITY MANAGER AND MSEA As noted earlier, the current Executive Director was appointed as Interim Director during December 2014. During the July 21, 2015 meeting of the MSEA Board of Directors, the former Chairman made a motion to appoint the Interim Director as MSEA's Executive Director. After the motion was passed by the MSEA Board, the Chairman stated that the "Executive Director was in both budgets the City and MSEA, this will need to be fixed at midyear." Additionally, accounting best practices require that salaries and other costs be allocated to the department or cost center where services are performed. SALARIES Although the Executive Director received her regular salary through City payroll, she did not receive any extra salary compensation from MSEA from December 2014 through September 30, 2015 (it should be noted that she was paid a cell phone allowance from both budgets during this period). Starting in fiscal year 2016 and through 2018, the Executive Director was paid salaries and benefits by both the Office of City Manager and MSEA. However, the 2016 through 2018 annual budgets for MSEA presented to the City Commission for approval only showed the salary that was payable by MSEA; and the same budgets for the Office of the City Manager submitted for approval disclosed only the salary payable by the Manager's Office. Neither budget disclosed the total salary she received from both entities. Further, we noted that on September 9, 2014, a First Budget Hearing Changes Memo in the fiscal year 2014-15 Proposed Budget was approved. It stated that MSEA was to reimburse the City for 50% of the cost of the MSEA Executive Director's salary and 100% of the cost salary of an Administrative Assistant I working for MSEA. The Changes Memo stated that reimbursements due from MSEA for these two positions, both in the Office of the City Manager, totaled $170,800 ($69,600 for one-half the Executive Director's salary and $101,200 for all of the Administrative Assistant I's salary), The final adopted budget for the Office of the City Manager was amended and reflected the $170,800 salary reimbursement due from MSEA. However, the City never pursued collection of reimbursements and there was no mention or any change to this reimbursement arrangement in the subsequent adopted budget books. Submitted into the public record for item(s) 5111.5 on 10/25/18, City Clerk MSEA utilized an outside payroll company to process salary payments to the Executive Director directly through MSEA's operating bank account. Unlike the City payroll, there were no procedures in place for the outside payroll company to process the bi-weekly payroll. The outside payroll company issued payments as directed by the Executive Director which agreed with the budgeted salaries approved by the City Commission (see Table 1 below). As a benchmark, the City's Administrative Policy Manual (APM) 5-78 "Pay Policy" requires the certification of Personnel and Pay Action Forms prior to issuance of any salary payment, however, the Executive Director and Human Resources were unable to produce a supporting job offer letter, employment contract/agreement or Personnel Action Form that addressed the extra salary and subsequent raises paid out of MSEA funds. However, she stated that the former City Manager and former MSEA Chairman informed her that her salary would be paid both from the City and MSEA. We attempted to confirm this statement by contacting the former City Manager via email, but no response was provided. However, we obtained the audio recorded minutes for the July 21, 2015 and August 2, 2015 MSEA board of director meetings and found that the $14,000 salary payable by MSEA to the Director was discussed and approved during the July 2015 meeting. During the other meeting, the fiscal year 2016-17 budget was approved without any discussion of the increase in the Executive Director's salary from $14,000 to $50,000. Our discussion with a MSEA board member indicated that he was aware of her City salary in addition to her approved salary in the MSEA budgets. The table below shows the budgeted salaries for the Executive Director from the City and MSEA, which have been paid per the budget, from fiscal 2015 through 2018. Table 1. MSEA Executive Director Budgeted and Paid Salaries Fiscal Year Fiscal Year Fiscal Year Fiscal Year Salary Source 2015 2416 2017 2018 Total MSEA $0 $14,000 $50,000 $50,000 $114,000 City of Miami ` 1 $61,440 1 $62,976 1 $62,976 1 $62,976 1 $250,368 Total Salaries $61,440 $76,976 $112,976 $112,976 $364,368 "The approved annual salary range is $60,386 - $113,867. BENEFITS According to the City's APM 3-01 "Cellular Telephone and Automobile Allowances," (established on November 1, 2001 and subsequently updated) an "other executive" City employee may be paid no more than: $300 per month or $3,600 yearly for an automobile allowance, and $100 per month or $1,200 yearly for a cell phone allowance. Although she was paid in accordance with the policy for her cell phone allowance paid by the City, she was paid in excess of policy limits for additional cell phone and automobile allowance payments through MSEA. As the following schedule indicates (Table 2), when aggregating the amounts, she was paid in excess of the City's cell phone and automobile maximum allowances by a total of $4,290, $5,200 and $5,400 for 2015, 2016 and 2017, respectively. For the same period, she was paid a yearly amount of $5,000 through MSEA ($4,167 for fiscal year 2015) for Health and Life Insurance. which was in addition to her Health and Life Insurance coverage paid through the City, having a yearly value of approximately $23,000. In fiscal year 2018, the car and cell phone allowances were combined into a single fine item in the MSEA budget called "Fringe Benefits (car, tablet, cell phone)" in the yearly amount of $9,500. Submitted into the public record for item(s) SR.5 on 12 25 18 City Clerk We reviewed MSEA and City statements of earnings and cancelled checks and verified that the Executive Director received monthly payments in accordance with the budget. As a result, during fiscal year 2018 she was allocated $5,900 in excess of the maximum payments allowed by the cell phone and automobile allowance policy. She was also allocated $5,000 through MSEA for additional insurance as noted above. Table 2. Payments to MSEA Executive Director for Automobile, Cell Phone, and Insurance Fiscal Fiscal Year Fiscal Fiscal Year 2018 2015 ` Year 201E Year 2017 (budgeted) Total MSEA Automobile $4,500 $5,400 $5,400 $9,500 MSEA Cell Phone $2,833 $3.400 $3,600 City Cell Phone $957 $1,200 $1,200 $1,2.00 Total Auto and Cell SUM $10� Phone _canna U2= Allowable Auto Per $3,000) ($3,600) ($3,600) ($3,500) ($13.800) APM Allowable Cell Phone ($1,000) ($1,200) ($1,200) ($1,200) ($4,600) Per APM Auto & Cell Allowance In $ $4 Excess of City Policy MSEA Payments for Insurance in Excess of $4,167 $5,000 $5,000 $5,000 $19„167 City Coverage Total Excess: $$ U mm $jam —MM I 'Prorated from December 2014 start date It should be noted our review of meeting minutes indicated that the City's Budget Director did not address the dual funding of salary and benefits during his discussions of MSEA's 2016-2018 budgets with the City Commission. The Human Resources Department informed us that pursuant to APM 1-90 "Outside Employment Request", as a result of receiving salary and fringe benefit payments from MSEA, the MSEA Executive Director, as a City employee, was required to complete and submit to the Office of the City Manager and Human Resources Department for approval, the Outside Employment Request form and Miami -Dade County Outside Employment Statement and Statement of Financial Interests. Review of her personnel file and confirmation from the Human Resources Department indicated that these required forms were not submitted. Also, the City did not formalize the arrangement with MSEA via a written agreement between the two entities. It should be noted that theCity's APMs cited in this finding do not govern IVISEA's operations; they are used as benchmarks since MSEA does not have policies and procedures, and elements of the dual compensation and benefits paid to the Director were not disclosed and discussed prior to MSEA Board approval. Submitted into the public record for item(s) SR.5 on 10/25/18, City Clerk RECOMMENDATION 3.1: OFFICE OF THE CITY MANAGER We recommend that prior salaries and benefits paid to the Executive Director be reviewed for appropriateness in light of the issues outlined in the findings. Should adjustments be made, the fiscal year 201$ budgets should be amended, to reflect any material changes. We further recommend that the Office of the City Manager establish and implement a formal, written policy and procedure to address compensation arrangements, required applications/disclosures, and the status of City positions for those City employees who are "loaned out" to instrumentalities of the City, such as MSEA. The procedure should address how to memorialize the arrangement by executing either a Memorandum of Understanding or Interlocal Agreement between the City and the outside entity. • Management Response: The Office of the City Manager agrees that MSEA will pay salary and benefits to the MSEA Executive Director. The Office of the City Manager further agrees to review the prior salaries and benefits paid to the Executive Director. ■ Implementation Date: August 15, 2018. ■ Management Response: The Office of the City Manager will establish and implement a formal, written policy and procedure to address compensation arrangements, required applications/disclosures, and the status of City positions for those City employees who are "loaned out" to instrumentalities of the City addressing how to memorialize the arrangement by executing either a Memorandum of Understanding or Interlocal Agreement between the City and the outside entity. • Implementation Date: November 1, 2018 RECOMMENDATION 3.2: OFFICE OF MANAGEMENT AND BUDGET We recommend that the Office of Management and Budget request instrumentalities of the City (i.e., authorities, trusts, panels, etc.) to disclose the full salary and benefits for all employees that are funded by multiple budgeted entities prior to submitting their budget to the City Commission for approval. Also, any salary adjustments for Directors of instrumentalities of the City in excess of the across the board salary increases granted to general employees should be disclosed in the budget documents to allow for discussion and approval by appropriate board members. We further recommend that any significant changes to budget line items, such as a subsequent change affecting the $170,800 budgeted in the fiscal year 2014-15 Adopted Budget Book for the salary reimbursement to the City Manager's Office from MSEA, be disclosed in the relevant fiscal year's adopted budget book or in a Budget Changes Memo. Management Response: The Office of Management and Budget agrees that all budgets submitted to the City Commission for approval should disclose the full salary and benefits of all employees that are funded by multiple entities and will pursue this with ail employees of all agencies and instrumentalities of the City of Miami. The Office of Management and Budget will continue to disclose, to the extent possible, any significant changes to budget line items (such as the subsequent change affecting the Submitted into the public record for item(s) SIR -5 on 10/2S/18 City Clerk $170,800 budgeted in the fiscal year 2014-15 Adopted Budget Book for the salary reimbursement to the City Manager's Office from MSEA). • Implementation Date: Already in progress. FINDING 4: MSEA DID NOT FURNISH REQUIRED MONTHLY REPORTS TO THE MAYOR, CITY COMMISSION AND MSEA BOARD Section 2-1015(b) of the City Code states, "The [MSEA Executive] director shall... furnish the authority, the Mayor, and the City Commission a monthly report with respect to the operation, maintenance and financial condition of the authority." We requested copies of the above -referenced monthly reports from the Executive director, MSEA's external Bookkeeper, and MSEA's external Certified Public Accountant, whom the Executive Director stated may have prepared and provided the required reports. However, none of those contacted could confirm that the reports were prepared or provided to the Mayor, City Commission, and MSEA Board of Directors as required by the City Code. We also interviewed two MSEA board of director members and both confirmed that the monthly reports were not provided. As a result of not complying with requirements established by City ordinances to prepare and furnish reports with respect to the operations, maintenance and financial condition of MSEA, City officials may lack information needed for decision-making, resulting in reduced ability of MSEA to serve its citizens and carry out its mission. RECOMMENDATION 4: OFFICE OF THE CITY MANAGER We recommend that the monthly reports with respect to the operations, maintenance and financial condition of the authority be prepared and distributed to the MSEA Board, the Mayor and City Commission. Also, a review the monthly reports should be included as an agenda item for each MSEA Board meeting. • _Management Response: As noted in the recommendation, pursuant to Section 2- 1015(b) of the City Code, the "[MSEA Executive] director" is responsible for furnishing the authority, Mayor, and City Commission with a monthly report that details "the operation, maintenance and financial condition of the authority." We will work with the MSEA Executive Director and Board of Directors to ensure monthly reports are generated. • Implementation Date: Immediately. FINDING 5: MSEA LACKED WRITTEN POLICIES AND PROCEDURES REGARDING FINANCIAL AND OPERATIONAL CONTROLS Section 2-1 D13(d )(2) of the City Code states,"the members of the authority shall make and adopt bylaws and rules and regulations for the authority's governance [and for the operation, governance,] and maintenance of its facilities." MSEA's bylaws state that the Executive Director's duties shall be to supervise the Authority's day-to-day affairs and activities as the Chief Executive Officer of the Authority: have general supervision over and be responsible for the operation and Submitted into the public record for itern(s) 5R.5 on 1D 25 18 City Clerk maintenance of all Authority properties, activities, and facilities; and establish, amend and enforce operating and personnel policies. Las_tl -the MSEA Executive Director's job description states that the Executive Director "developsTrQcedures and implements policies; dev fe Bps-Th6 budget and manages cost controls." We requested copies of the policies and procedures required to be established by the City Code, MSEA's bylaws and the MSEA Executive Director's job description and were informed by the Executive Director that no such written policies and procedures existed. In the absence of required written policies and procedures documents, we reviewed the individual expenditures of MSEA to determine if they were well-controlled, and, at minimum, met the requirements of the City's policies on local expenses including APM 1-77 "Travel on City Business." We found that MSEA ordered lunches and refreshments from a local restaurant "Au Bon Pain." The total expenditures paid to this restaurant for fiscal years 2016 and 2017 were $3,840 (10 instances) and $2,039 (5 instances), respectively. MSEA did not document the business purpose and the participants or group for each instance as required by APM 1-77. Since MSEA had one employee, the Executive Director initiated all of these transactions. In this case, she ordered, received, and paid for all goods and services. However, a MSEA Board member (who confirmed that the restaurant expenditures were for business purposes) and the Executive Director both signed all checks issued to pay for expenditures. Further, we found that MSEA has separately incurred expenses for off-site records storage services which were already procured by the City. MSEA paid Iron Mountain $3,839 and $4,108 in fiscal years 2016 and 2017, respectively, and allocated $4,700 in its fiscal year 2018 budget for Iron Mountain "warehouse storage." However, the City has a contract with GRM Information Management for off-site records storage and related services, from July 1, 2014 through June 2019. Because the Executive Director is a City employee in the Office of the City Manager, MSEA should not pay separately for these services already procured by the City. During July 2017, the Executive Director, sought to remove MSEA's records from Iron Mountain and place them in the City's office space. However, the cost provided by Iron Mountain to move the records ($2,220) was considered prohibitive and not budgeted by MSEA. Consequently, the records have not been moved. RECOMMENDATION 5.1: OFFICE OF THE CITY MANAGER The Office of the City Manager should work with the responsible ;parties to establish and plement the policies and procedures required by MSEA's by-laws and the. MSEA-Executive Director's job description. ` Management Response: The Office of the City Manager will work with the responsible parties to ensure that those parties establish and implement the policies and procedures required by MSEA's by-laws and the MSEA Executive Director's job description. As explained by the City Attorney's Office, the City Manager does not have the authority to direct the Executive Director to take any action in her or his capacity as Executive Director. Even though, under the current arrangement, she is a City Employee in the City Manager's Office, the Manager may only direct her as a City employee, but not as the Executive Director of MSEA. As also explained by the City Attorney's Office, only the MSEA Board has that authority. • Implementation Date: Immediately. 10 Submitted into the public record for item(s) SR.5 on Ia 25 1$, City Clerk RECOMMENDATION 5.2: OFFICE OF THE CITY MANAGER Any meeting related expense should include documentation indicating the business purpose and group or participants to ensure their propriety. Consideration should be given to process all expenditures through the City's accounts payable section of the Finance Department to ensure that they subject to the review and approval processes in place. Finally, MSEA should discontinue the use of Iron Mountain and use GRM for off-site records services. • Management Response: The Office of the City Manager agrees that any meeting -related expense should include documentation indicating the business purpose and participants to ensure their propriety. The Office of the City Manager will recommend to the MSEA Board of Directors and Executive Director that they comply with the rules and procedures of the City Procurement Cade, Implementation Date: Already occurring, FINDING 6: MSEA DID NOT ESTABLISH WRITTEN POLICIES AND PROCEDURES GOVERNING GRANT EXPENDITURES AND RELATED BUDGETS Written policies and procedures that govern the administration and oversight of MSEA's grants awards should have been developed. These documents should describe the following, at minimum: How MSEA evaluates and selects grant recipients, such as qualification standards, application requirements, identification of conflicts of interest, and compliance with all applicable laws and rules governing grants. MSEA's process for ensuring that grant recipients used the cash awards to further MSEA's stated missions. Grants should be awarded on a reimbursement basis to ensure that the grantee has performed actions necessary to receive the grant funds. MSEA did not budget the dollar amount of grants it intended to disburse to qualified recipients each year, even though its sources of funding (rents from subtenants and reserves) for the grants it disburses were known, measureable, and available. A review of MSEA's financial statements for fiscal years 2014 through 2017 indicated that it disbursed grants of $20,000, $95,000, $87,500, and $57,500, respectively. However, the notes to the financial statements disclosed that "grants to third parties are not budgeted." Also, we found that none of the grants awarded were supported by an application to qualify recipients and funds were disbursed by MSEA upfront rather than on a reimbursement basis. However, we confirmed that the grants were approved by the MSEA Board. 11 Submitted into the public record for item(s) SR -5 on 10 Z5 18, City Clerk The table below shows the relationship between the grants MSEA awarded to the amounts it budgeted for operating and capital expenditures. Table 3. Budgeted Expenditures vs. Grants Awarded Fiscal Year Fiscal Year Fiscal Year Fiscal Year Revenue $30,200 2414 2015 2016 2017 Total Budgeted Operating & $66,000 $89,000 $88,935 $107,808 $351,743 Capital Expenditures ($42,301) ($7,886) ($7,460) ($94,284) Grants Awarded $20,000 $95,000 $87,500 $57,500 $260,000 % of Grants Awarded to Budgeted 30% 106% 98'x/0 53% 74% Expenditures Number of Grants 2 8 7 5 22 During a discussion of MSEA's fiscal year 2018 proposed budget at the September 19, 2017 City Commission meeting, the Commission decided that MSEA should budget for its grant expenditures. The dollar amount budgeted for grants was set at the approximate amount of MSEA's annual revenues of $150,000 from its subleases on Watson Island. The deficit between revenues and total expenditures (grants plus all others expenditures, including operating and capital costs) would be funded from MSEA's reserves, which were $414,700 at the start of fiscal year 2018. MSEA's total fiscal year 2018 budget was $677,150 including expenditures of $112,450, grants $150,000 and reserves of $414,700. We noted that MSEA has experienced fiscal deficits for FY 2014, 2015, 2016, and 2017„ respectively, as shown in the table below. Table 4. Revenue vs. Expenditures and Annual Budget Deficits Fiscal Year 2014 Fiscal Year 2015 Fiscal Year Fiscal Year 2016 2017 Total Revenue $30,200 $103,064 $145,485 $152,854 $431,603 Expenditures $66,837 $145,365 $153,371 $160,314 $525,887 Surplus (Deficit) ($36,637) ($42,301) ($7,886) ($7,460) ($94,284) RECOMMENDATION 6: OFFICE OF THE CITY MANAGER The Office of the City Manager should work with the responsible parties to establish policies and procedures concerning the qualification for receiving grants on a reimbursement basis, formally establish an amount (i.e., percentage of revenue, flat amount, etc.) of grants that it will pay each year, and include the amount of grants in its annual budget. We also recommend that the MSEA budget be adjusted to ensure that fiscal deficits are eliminated. Management Response: The Office of the City Manager will work with the responsible parties to establish policies and procedures concerning the qualification for receiving grants on a reimbursement basis, formally establish an amount (i.e., percentage of revenue, flat amount, etc.) of grants that it will pay each year, and include the amount of grants in its annual budget. We also recommend that the MSEA budget be adjusted to ensure that fiscal deficits are eliminated. 12 Submitted into the public record for item(s) 511.5 on 10/25118, City Clerk Implementation Date: Immediately... FINDING 7: MSEA NO LONGER RECEIVES CONVENTION DEVELOPMENT TAXES, AND A JOINT PARTICIPATION AGREEMENT THAT SERVED AS THE BASIS OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY, THE FDOT AND MSEA EXPIRED In 1983, MSEA was established pursuant Florida Statute (F.S.) 212.057 (since repealed and replaced by F.S. 212.0305) Convention Development Taxes (CDT). Paragraph two of the statute states that "one of the principal purposes of the CDT is to promote tourism and the use of hotel facilities by facilitating the improvement and construction of convention centers." Section (4)(b)4.a. of the statute states that "as a condition precedent to receiving tCDTj funding, the governing bodies of such municipalities shall designate or appoint an authority that shall have the sole power to: (I) Approve the concept, location, program, and design of the facilities or improvements to be built in accordance with this paragraph and to administer and disburse such proceeds and any other related source of revenue." MSEA previously received and disbursed portions of the City's share of the CDT imposed in the City and collected by Miami -Dade County (County) pursuant to an Interlocal agreement among MSEA, the City and the County. However, on March 23, 2009, this Interlocal agreement was terminated and replaced with a new Interlocal agreement solely between the City and the County. Under the new agreement, currently in effect, the County agreed to make CDT payments to the City through the year 2038 according to a predetermined schedule for the construction of the Miami Martins Ballpark project. As indicated in the City's fiscal year 2016 Comprehensive Annual Financial Report, 100% of the CDT received by the City from the County were allocated to repaying bonds used for the construction of the parking 'facilities for the Miami Marlins Ballpark. Since all of the City's CDT is allocated to the Miami Marlins Ballpark project, MSEA now receives its revenues by subleasing two City -owned waterfront properties on Watson Island — a seaplane facility (Chalks Airline, Inc. — "Chalks") and a heliport (Linden Airport Services Corporation — "Linden"). Nate that under an Interlocal agreement with the City, executed in 2001, MSEA entered into a sublease with the Miami Children's Museum, also on City -owned waterfront property on Watson Island. However, the museum is not a source of MSEA's funding as it pays $2 per year in rent. In 2013, the City and MSEA entered into another Interlocal agreement (a revision of a 1996 Interlocal agreement) centered on a Joint Participation Agreement (JPA) with the Florida Department of Transportation. Pursuant to this Interlocal agreement, MSEA was to develop an Air Transportation Facility on Watson Island. However, no such facility was constructed and the JPA expired on June 30, 2016. Consequently, MSEA's external Certified Public Accountant (CPA) noted in the fiscal year 2017 audited financial statements that, "the expired JPA and other lease agreements held among the City of Miami, MSEA, and tenants of Watson island should be re- visited as soon as time permits, to address the operational and/or development rights of each stakeholder." However, at the conclusion of audit fieldwork, these leases had not been revisited as recommended by the external CPA. It should be noted that although MSEA was empowered to lease City -owned property independently in accordance with its stated purpose to promote sports, its three subleases (Chalks, Linden and the Children's Museum) of City -owned waterfront property on Watson Island 13 Submitted into the public record for item(s) Si 5 on 10125118, City Clerk were executed prior to the time when MSEA was explicitly subject to Section 29-B of the City Charter "City -owned property sale or lease." On March 11, 2016, the City passed an ordinance to ensure MSEA was subject to all provisions of the City Charter, including Section 29-B, As a result of this legislation, MSEA shall not sell or lease waterfront property unless there is approval of a majority of the votes cast by the electorate at a referendum, as required by Section 29-B. RECOMMENDATION 7.1: OFFICE OF THE CITY MANAGER We recommend that the Office of the City Manager with assistance from the Office of the City Attorney examine MSEA's charter and evaluate the costs and benefits of MSEA's continued existence under Florida Statute 212.0305 — Convention Development Taxes since MSEA no longer receives CDT. They should determine whether or not other City entities, with specialized expertise in grant administration and leases, such as the Office of Grants Administration and the Department of Real Estate and Asset Management (DREAM), could more effectively and efficiently absorb MSEA's current responsibilities of administering several grants and three leased properties that generate approximately $150,000 in yearly income. Once a determination is made, appropriate action, if any, should be taken. ■ Management Response: We will take these recommendations under advisement and proceed accordingly. - Implementation 'Date: Already occurring. RECOMMENDATION 7.2: OFFICE OF THE CITY MANAGER As noted by the external CPA, we recommend that the Office of the City Manager work with DREAM and the Office of the City Attorney to address the operational and/or development rights of each stakeholder given the expired JPA and other lease agreements between the City, MSEA and tenants of Watson Island, and take appropriate action. • Management Response: We will take these recommendations under advisement and proceed accordingly. • Implementation Date: Already occurring. OTHER FINDINGS AND RECOMMENDATIONS OTHER FINDING 1: APPROVED BUDGETS TOTALING $174 MILLION FOR 14 AUTHORITIES, AGENCIES AND TRUSTS WERE NOT INCLUDED IN THE CITY'S ADOPTED OPERATIONAL BUDGET BOOK. During the course of our audit, it came to our attention that although the City Commission reviewed and approved budgets proposed by the various instrumentalities of the City including authorities, agencies, trusts and boards, their adopted budgets were not included in the City's Adopted Operating Budget Book. The proposed and adopted budgets for these 14 entities are only available to the public in the agenda packet for the City Commission budget hearing during which they were reviewed, discussed, and adopted by the City Commission. The agenda packet is located on the Legislative Hub, while the City's adopted budget books are located on the Office and Management and Budget (OMB) website. There is no link from the OMB website to the 14 Submitted into the public record for item(s) 5R.5 on 1t] 25 18, City Clerk Legislative Hub or any mention of how or where the public can access the budgets for these entities. The approved budgeted revenues/expenditures for these entities for fiscal year 2017-18 totaled $170,819,866 as follows: Table 5. Budgeted Revenues for City Entities, Fiscal Year 2018 ENTITY Budgeted Revenues Omni Community Redevelopment Agency (CRA) $53,387,872 Southeast Overtown Park West CRA $46,290,074 Off -Street Parking Board/Miami Parking Authority $32,001,894 Downtown Development Authority $11,940,683 Bayfront Park Management Trust $7,357,705 Midtown CRA $6,628,404 Coconut Grove Business Improvement District (BID) Board $3,453,577 General Employees' and Sanitation Employee' Retirement Trust $3,377,792 Fire Fighters' and Police Officer's Retirement Trust $2,086,709 Civilian Investigative Panel $1,174.000 Virginia Key Beach Park Trust $1,066,800 Wynwood BID Beard $863,206 Miami Sports and Exhibition Authority $677,150 Liberty City Trust $514,000 TOTAL $170,819,866 These organizations have a material impact on the City since some may receive millions of dollars annually in City ad -valorem taxes and capital funding or transfer excess funds to the City. For example, for fiscal year 2017-18, the Midtown. CRA budgeted a receivable of $4,072,446 due from the City in ad -valorem taxes: and the Miami Parking Authority (MPA) budgeted excess funds of $7,200,000 payable to the City. Further, we noted that each entity is required to complete an Agenda Item Summary Form (Form) in support of the proposed budget, incfuding line items for the "Total Fiscal Impact "Budget Impact Analysis" and "Total Budget" for their operations. Although each entity is already assigned a budget analyst from the City's OMB, our review of this form for four organizations (MPA, Midtown CRA, MSEA and the Bayfront Park Management Trust) indicated that the information provided for these line items was inconsistent between entities or left blank. For example, the MPA did not disclose the capital funding received from the City and the Midtown CRA did not disclose that it receives funding from the City ad -valorem taxes on the farm. OTHER RECOMMENDATION 1: OFFICE OF MANAGEMENT AND BUDGET To improve transparency, we recommend that the Adopted Budget Book and/or Office of Management and Budget website include the adopted budgets for all of the City's authorities, agencies, trusts, districts, boards and panels, 'including those that are listed in the City's Table Organization, but whose budgets are not included in the Adopted Budget Book. 1s Submitted into the public record for item(s) 5R.5 on 10/25/18, City Clerk Management Response: The Office of Management and Budget will include web links to the proposed budgets of the City's authorities, agencies, trusts, districts, boards and panels, including those that are listed in the City's Table Organization on the Office of Management and Budget website. The links will be to both the City's legislative hub, where the budgets are already included, and (to the extent possible) to the outside agencies' website where the budgets may or may not be included. These budgets will not be included in the Proposed or Adopted Budget Books. Is Implementation Date September 1, 2418, OTHER RECOMMENDATION 2: OFFICE OF MANAGEMENT AND BUDGET We recommend that the Office of Management and Budget (OMB) communicate and provide guidance to the City's entities on the purpose and proper completion of the Agenda Item Summary Form and the information required for the "Budget Impact Analysis" and "Total Fiscal Impact" disclosures, as well as budget presentation standards. We further recommend that the OMB implement a review and monitoring process to ensure that proposed budgets submitted by the entities to the Commissioners for approval are meaningful, consistent, and transparent. Management Response: The Office of Management and Budget will continue to communicate and provide guidance to the City's entities on the purpose and proper completion of the Agenda Item Summary form and the information required for the "Budget Impact Analysis" and "Total Fiscal Impact" disclosures and on budget presentation standards. The Office of Management and Budget will continue to review and monitor the proposed budgets submitted by the entities to the Commissioners for approval are meaningful, consistent, and transparent. • Implementation Date. Already occurring. 16 Submitted into the public record for item(s) SR.5 on 10 2S S$ City Clerk MIAMI SPORTS AND EXHIBITION AUTHORITY (A Component Unit of the City of Miami, Florida) BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2017 (With Independent Auditor's Report Thereon) Submitted into the public record for item(s) SR.5 MIAMI SPORTS AND EXHIBITION AUTHORITY on 10/25/18, City Clerk (A Component Unit of the City of Miami, Florida FOR THE YEAR ENDED SEPTEMBER 30, 2017 TABLE OF CONTENTS FINANCIAL SECTION PAGE(S) Independent Auditors' Report..................................................................................................... 1-2 Basic Financial Statements: Government -wide Financial Statements: Statement of Net Position ................................. _............................................................... 3 Statementof Activities........................................................................................................ 4 Fund Financial Statements: Balance Sheet— Governmental Fund................................................................................. 5 Statement of Revenues, Expenditures and Changes in Fund Balances —Governmental Fund........................................................... 6 Statement of Net Position -- Proprietary Funds.................................................................. 7 Statement of Revenues, Expenses, and Changes in Net Position --Proprietary Funds.................................................................. 8 Statement of Cash Flows — Proprietary Funds.................................................................... 9 Notes to the Basic Financial Statements...........................................................................14-21 Required Supplementary Information: Budgetary Comparison Schedule..........................................................,................................. 22 Notes to the Budgetary Comparison Schedule....................................................................... 23 COMPLIANCE SECTION Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards .................................... 24-25 Schedule of Findings and questioned Costs........................................................................... 26 Management Letter in Accordance with the Rules of the Auditor General of the State of Florida.......................................................... 27-28 ANTHONYBRUNSON P.A. 1 k VIS .;�, INDEPENDENT AUDITOR'S REPORT Submitted into the public record for item(s) S9.5 The Board Members on 10 Z5 18 City Clerk Miami Sports and Exhibition Authority Report on the Financial Statements We have audited the accompanying basic financial statements of the governmental activities, the business -type activities, and each major fund of the Miami Sports and Exhibition Authority (the Authority), a component unit of the City of Miami, Florida (the City), as of and for the year ended September 30, 2017, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error_ Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Fort Lauderdale Office 333 1 -as Olas Wav f Ui -i Fort I.audordale, FL ;33;11 T: (954) 01-1;571 i-' tlji�4lfe/'lhra�l,Ytit}lllll4}Il`.i'tllll Miami Office f)l 13ricklll Avenue Suite 900 'Miami. TL ;3131 T: 005) 789-6673 Submitted into the public record for item(s) SR.S on lf7 25 18 City Clerk Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, and each major fund of the Authority as of September 30, 2017, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. Other Mutters Required 5uppiementary Information Accounting principles generally accepted in the United States of America require that the budgetary comparison information an pages 22 and 23 be presented to supplement the basic financiai statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information For consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated January 15, 2018 on our consideration of the Authority's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Authority's internal control over financiA reporting. Miami, FI rid January 15, 2018 2 f�� Submitted into the public retord for item(s) SR.5 on 10/25118 City Clerk Basic Financial statements Submitted into the public record for item(s) SR.5 MIAMI SPORTS AND EXHIBITION AUTHORITY on W25118 18 City Clerk (A Component Unit of the City of Miami, Florida) STATEMENT OF NET POSITION SEPTEMBER 30, 2017 (with summarized financial information for the fiscal year ended September 30, 2016) Totals Governmental Business- type Activities Activities 2017 2015 ASSETS Cash $ 2,508 $ 770,033 $ 772,541 $ 779,281 Other receivable - 352 352 152 Prepaids - - - - Total Assets 5 2,508 770.385 772,893 5 779,433 LIABILITIES Accounts payable $ 810 $ - $ 810 $ 768 Deposits payable - 250,000 250,000 250,000 Total Liabilities 810 250,000 250,810 250,768 NET POSITION Restricted - - - - Unrestricted 1,698 520,385 522,083 528,665 Total Net Position S 1,698 520.385 522.083 5 528,565 The accompanying notes are an integral part of the basic financial statements. 3 Submitted into the public MIAMI SPORTS AND EXHIBITION AUTHORITY (A Component Unit of the City of Miami, Florida) STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017 record for item(s) SR.5 on 1l3 25 18 City Clerk Program Net (Expenses) Revenues Revenues and Changes in Net Position Charges for Governmental Business- type Functions Expenses Services Activities Activities Total Governmental Activities: General government $ 102,768 $ - $ (102,768) $ - $ (102,768) Culture and recreation 57.500 - (57,500) - (57,504) Total governmental activities 1601,268 - (160,2L81 - (160,268) Business -type Activities: Watson Island 46 152,854 - 152,808 152,808 Total business -type activities - 152,854 - - - Total government_ - 160,314 S 152,854 (160,268] 152.808 7.460) General Revenues: Interest income 122 756 878 Transfers 153,475 (153.475) - Total general revenues, special items and transfers 153,597 (152,7191 878 Change in net position (6,671) 89 (6,582) Net position, beginning of year _ 8,369 _ 530,296 528,665 Net position, end of year 1 698S 520,385 22 83 The accompanying nates are an integral part of the basic financial statements. 2 ASSETS Cash Submitted into the public record for item(s) Sj . on 10/25/18, City Clerk MIAMI SPORTS AND EXHIBITION AUTHORITY (A Component Unit of the City of Miami, Florida) BALANCE SHEET - GOVERNMENTAL FUND SEPTEMBER 30, 2017 (with summarized financial information for the fiscal year ended September 30, 201+6) Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts payable Total liabilities Fund Balances: Unassigned Total fund balances Total Liabilities and Fund Balances General Fund 2017 2016 $ 2,508 $ 9,137 $ 2,508 $ 9,137 $ 810 n- 1,698 — 1,698 1,698 $ 2,508 $ 758 -rn The accompanying notes are an integral part of the basic financial statements. 5 8,369 8,359 9 137 Submitted into the public record for item(s) SR.5 on 1025 18 City Clerk MIAMI SPORTS AND EXHIBITION AUTHORITY (A Component Unit of the City of Miami, Florida) STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANES - GOVERNMENTAL FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017 (with summarized financial information for the fiscal year ended September 30, 2016) General Fund 2017 2016 Revenues: Interest income 122 $ 8 Total revenues 122 8 Expenditures: General and administrative 83,768 46,847 Professional services 19,000 19,000 Culture and recreation 57,506 87,500 Total expenditures 160,268 153,347 Deficiency of revenues under expenditures (160,146) (153,339) Other financing sources: Transfers in 153,475 154,300 Net change in fund balances (6,671) 961 Fund balances, beginning of year 8,369 7,408 Fund balances, end of year $ 1,698 $ 8,369 The accompanying notes are an integral part of the basic financial statements. 0 Submitted into the public record for item(s) SR.S MIAMI SPORTS AND EXHIBITION AUTHORITY on 10 25L1.8-, City Clerk (A Component Unit of the City of Miami, Florida) STATEMENT OF NET POSITION - PROPRIETARY FUNDS SEPTEMBER 30, 2017 (with summarized financial information for the fiscal year ended September 30, 2016) ASSETS Current assets: Cash Due from other fund Other receivable Total Assets LIABILITIES AND NET POSITION Current liabilities: Due to other fund Deposits payable Total liabilities Net position: Restricted Unrestricted Total net positon Total Liabilities and Net Positon Business -type Activities - Enterprise Funds Totals Watson Non CDT Fund Island Fund 2617 2016 $ 181,818 $ 588,215 $ 770,033 $ 770,144 25,603 - 25,603 77,278 - 352 352 152 207.421 S 588..567 S 795.9$8 L117-574 $ - $ 25,603 $ 25,603 $ 77,278 250,000 250.000 250,000 - 275,603 275,603 327,278 207,421 312,964 520.385 520,296 207,421 312,964 520.385 520,296 t 207.471 S 588.567 79 z,$ S 847.574 The accompanying notes are an integral part of the basic financial statements. 7 Submitted into the public record for item(s) jR_.5 M IAMI SPORTS AN D EXH I BITSON AUTHORITY on 10/251 , City Clerk (A Component Unit of the City of Miami, Florida) STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN NET POSITION - PROPRIETARY FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017 (with summarized financial information for the fiscal year ended September 30, 2016) The accompanying notes are an integral part of the basic financial statements. M Business -type Activities - Enterprise Funds Totals Non CDT Watson Fund Isiand Fund 2017 2016 Operating revenues; Rent revenue $ 141,300 $ 141,300 $ 123,376 Pi[ot fee revenue 11,554 11,5S4 22,109 Total operating revenues 152,854 �152 854 145,485 Operating expenses: General and administrative 46 46 24 Total operating expenses 46 46 24 Operating income 152,808 152,808 �145 461 Non-operating revenues (expenses): Interest income 312 444 756 830 Total non-operating revenues 312 444 756 830 Income before transfers 312 153,252 153,564 146,291 Transfers out (129,700) (23,775) (1U,,175 (154,300) Change in net position (129,388) 129,477 89 (8,009) Net position, beginning of year 337,209 183,087 520 �296 S28,305 Net position, end of year 2_Q7 8_2 1 5 312.S64 $ 5_20 L 520-29 The accompanying notes are an integral part of the basic financial statements. M Submitted into the public record for items) SR.5 MIAMI SPORTS AND EXHIBITION AUTHORITY on 10/5118, City Cferk (A Component Unit of the City of Miami, Florida) STATEMENT CASH FLOWS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017 (with summarized financial information for the fiscal year ended September 30, 2016) Net cash provided by (used in) operating activities $ 51,275 5 101,333S 152.608 191.655 The accompanying notes are an integral part of the basic financial statements. 9 Business -type Activities - Enterprise Funds Non CDT Watson Totals Fund Island Fund 2017 2016 Cash flows from operating activities Receipts from rent and deposits $ $ 141,300 $ 141,300 $ 369,424 Receipts from pilot fee revenue 11,354 11,354 22,109 Receipts from litigation settlement - - - Net receipts (payments) from (to) other funds 51,275 (51,275) - - Payments to suppliers for services - (46) (46) (199,878) Net cash provided by (used in) operating activities 51,275 101,333 152,6(18 191,655 Cash flows from noncapital financing activities Transfers to other funds (129,700) (23,775) ^(153,475) (154,300) Net cash used in noncapital financing activities (129,7001 (23,775) (153,475) (154,300) Cash flows from investing activities Receipts from interest 312 444 756 830 Net cash provided by investing activities 312 444 7S6 830 Net increase (decrease) in cash (78,113) 78,002 (111) 38,185 Cash - beginning of year _ 259,931 510,213 770,144 731,959 Cash -end of year$_ 181.818 S 588.21$ $ 770,033 $ 770.144 Reconciliation of operating income to net cash provided by (used in) operating activities Operating income $ - $ 152,808 $ 152,808 $ 145,461 Adjustments to reconcile operating income to net cash provided by (used in) operating activities: (Increase) decrease in assets: Rent receivable (200) (200) Due from other fund 51,275 (51,275) - (77,278) Other receivable - (152) Increase (decrease) in liabilities: - Accounts payable (199,854) Rent received in advance - - - (3,800) Due to other fund - - 77,278 Deposits payable - - 250,000 Net cash provided by (used in) operating activities $ 51,275 5 101,333S 152.608 191.655 The accompanying notes are an integral part of the basic financial statements. 9 Submitted into the public record for item(s) SR -5 on __ 25 18 City Clerk Nates to the Basic Financial Statements Submitted into the public record for item(s) SR.5 MIAMI SPORTS AND EXHIBITION AUTHORITY on 10/25/18, City Clerk (A Component Unit of the City of Miami, Florida) NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2017 Note 1 - Summary of Significant Accounting Policies This summary of the Miami Sports and Exhibition Authority ("MSEA" or "Authority") significant accounting policies is presented to assist the reader in interpreting the basic financial statements. The policies are considered essential and should be read in conjunction with the basic financial statements. The accounting policies of the Authority conform to U.S. generally accepted accounting principles applicable to governmental units. This report, the accounting systems and classification of accounts conform to standards of the Governmental Accounting Standards Board (GASB), which is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The following is a summary of the more significant policies. Organization and reporting entity The Authority is an independent and autonomous agency and instrumentality of the City of Miami, Florida (the City). The Authority was established by Ordinance No. 9662 adopted by the City Commission on July 28, 1983 (as amended by City Ordinance No. 11155), pursuant to Section 212.173015, Florida Statute, for the purpose of promoting the development of sports, convention and exhibition facilities within the City and attracting professional sports franchises and exhibitions to utilize the City's and/or the Authority's facilities. For financial statement purposes, the Authority is a discretely presented component unit of the City and is included in the City's Comprehensive Annual Financial Report. The Authority's financial statements are not intended to present fairly the financial position and results of operations of the City in conformity with U.S. generally accepted accounting principles. Government -wide and fund financial statements The government -wide financial Statements (i.e., the statement of position and the statement of activities) report information on all the nonfiduciary activities of the Authority. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business—type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Progrom revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues 10 Submitted into the public record for item(s) SR.5 MIAMI SPORTS AND EXHIBITION AUTHORITY on 1025 18, City Clerk (A Component Unit of the City of Miami, Florida) NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2017 Note 1- Summary of Significant Accounting Policies Cont'd Government -wide and fund financial statements (cont'd) Separate financial statements are provided for the Authority's governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Measurement focus, basis of accounting and financial statement presentation The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. The governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are considered to be available when they are coilectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Authority considers revenues to be available if they are collected within 50 days of the end of the current fiscal period. Expenditures generally are recorded when the related fund liability is incurred. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. The proprietary fund financial statements are reported using the accrual basis of accounting in order to recognize the flow of economic resources. Under this basis, revenues are recognized in the period in which they are earned, expenses are recognized in the period in which they are incurred, depreciation of capital assets is recognized, and all assets and liabilities associated with the operation of the Authority are included in the statement of net position. Proprietary funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the Authority enterprise funds are charges to customers for sales and services. Operating expenses for enterprise funds include the cost of sales and services and administrative expenses. All revenues and expenses not meeting this definition are reported as non-operating revenues and expenses. The Authority reports the following major governmental funds: The General Fund is the Authority's primary operating fund. It accounts for all financial resources used to fund the operations of the Authority, except those required to be accounted for in another fund. 11 Submitted into the public record for item(s) SR.S MIAMI SPORTS AND EXHIBITION AUTHORITY on 10/25118, City Clerk (A Component Unit of the City of Miami, Florida) NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2017 Note 1- Summary of Sienificant Accountine Policies (Cont'd Measurement foes, basis of accounting and financial statement presentation (cont'd) The Authority reports the following major proprietary funds: The Non -CDT Fund (the Project Development Fund) accounts for the activities of joint projects undertaken by the Authority with other entities (private and/or nonprofit entities) that share the Authority's cultural and recreational objectives; IR The Watson rsiand Fund accounts for the activities related to the inter -local agreement dated August 14, 1997 (amended and revised October 9, 2013) between the City and MSEA for the management of revenue and expenses derived from Watson Island. Assets, liabilities, and net position/fund balance Cash and investments The Authority's cash at September 30, 2017 consists of cash on hand and demand deposits. The Authority is authorized to invest in obligations of the U.S. Treasury, its agencies, instrumentalities and the State Board of Administration Investment Pool. GASB Statement No. 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools, requires disclosure of investments at fair value and recognition of unrealized gains or losses, if material, for investments with remaining maturities of more than one year at the time of purchase. Investments with remaining maturities of one year or less at the time of purchased are recorded at amortized cost. At September 30, 2017, the Authority had no investments. Prepaid expenses Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid expenses in both the government -wide and fund financial statements. Jnterfund receivables and payables Activity between funds that is representative of lending/borrowing arrangements outstanding at the end of the fiscal year is referred to as "due to/from other funds". 12 MIAMI SPORTS AND EXHIBITION AUTHORITY (A Component Unit of the City of Miami, Florida) NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2017 Note 1 - Summary of Significant Accounting Policies (Cont'd) Assets, liabilities, and net position/fund balance (cont'd) Fund equity/ net positron Fund equity Submitted into the public record for item(s) SR -5 on 10/25/18 City Clerk GASB Statement No. 54, Fuad Balance Reporting and Governmental Fund Type Definitions, establishes criteria for classifying fund balances into specifically defined classifications and clarifies definitions for governmental fund types. Fund balances for governmental funds are reported in classifications that comprise a hierarchy based primarily on the extent to which the government is bound to honor constraints on the specific purposes for which amounts in those funds can be spent, as follows: Nonspendable fund balance - amounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact. Restricted fund balance - amounts that are restricted to specific purposes when constraints placed on the use of resources are either by (a) externally imposed by creditors (such as debt covenants), grantors, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislations. Committed fund balance - amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the government's highest level of decision making authority. Assigned fund balance - amounts that are constrained by the government's intent to be used for specific purposes, but are neither restricted nor committed. Unassigned fund balance - amounts that have not been assigned to other funds and that have not been restricted, committed, or assigned to specific purpose within the general fund. When froth restricted and unrestricted amounts are available for use, it is the Authority's practice to use restricted resources first. Additionally, the Authority would first use committed, then assigned, and lastly unassigned amounts of unrestricted fund balance. 13 Submitted into the public record for item(s) 5R.5 MIAMI SPORTS AND EXHIBITION AUTHORITY on 10 75 18 City Clerk (A Component Unit of the City of Miami, Florida) NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 7017 Note 1- Summary of Significant Accounting Policies_ Cont'd Assets, liabilities, and net position/fund balance (cont'd) Fund equity/net position (cont'd) Net position The government -wide and proprietary funds financial statements utilize a net position presentation. Net position can be categorized as net investment in capital assets, restricted, or unrestricted. The first category represents capital assets, less accumulated depreciation and net of any outstanding debt associated with the acquisition of capital assets. Restricted net position represent amounts that are restricted by requirement of debt indenture or enabling legislation. Unrestricted net position represents the net position of the Authority which is not restricted for any project or purpose. When both restricted and unrestricted resources are available for use, it is the Authority's policy to use unrestricted resources first, and then restricted resources as they are needed. Prior year total columns Total columns for the prior year in the accompanying financial statements are presented only to facilitate financial analysis. Data in these columns do not present the financial position, or results of operations, in conformity with U.S. generally accepted accounting principles. Use of estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Although these estimates are based on management's knowledge of current events and actions it may undertake in the future, they may ultimately differ from actual results. Change in Accounting Policy An interlocal agreement was entered into on August 14, 1997 (amended and revised October 9, 2013) between MSEA and the City of Miami ("City"). In conjunction, a development agreement and sublease agreement were entered into between MSEA and Linden Heliport Services, to build a terminal facility for helicopter hangers, a landing pad, and fuel farm. Attached to the agreements is a Joint Participation Agreement ("JPA") between the State of Florida Department of Transportation and the City for partial funding of the construction of a heliport facility on Watson Island. The Agreements established the Parties' obligations with respect to the development and construction of the Watson Island Air Transportation Facility and related financial compensation and commitments of the parties. 14 Submitted into the public record for item(s) SR.5 MIAMI SPORTS AND EXHIBITION AUTHORITY on 10/25/18 City Clerk (A Component Unit of the City of Miami, Florida) NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2017 Note 1 - Summary of Significant Accounting Policies Cont'd Assets, liabilities, and net position/fund balance (cont'd) Change in Accounting Policy (cont'd) As a result of the JPA, a restricted fund was established described as Watson Island Fund. There was no funding ever received from the JPA towards development of the heliport. Hence, on June 15, 2015, FDOT notified the City that their grant request in reference to the Heliport was redistributed. Therefore, expiration of the City's ability to access said funding warrants a change in MSEA's accounting policy in connection with these matters. As a result, the restricted fund has been reclassified as an unrestricted fund. The prior year restricted fund balance is also considered unrestricted. Note 2 - Detailed Notes to Operations Deposits At September 30, 2017, the carrying amounts and bank balances of the Authority's deposits totaled $772,541 and $779,281, respectiveiy. Custodial Credit (tisk is the risk that in the event of a bank failure, the Authority's deposits may not be returned to it. In addition to insurance provided by the Federal Deposit Insurance Corporation (FDIC), deposits are held in banking institutions approved by the State of Florida, State Treasurer to hold public funds. Under Florida Statutes, Chapter 2801, "Florida Security for Public Deposits Act", the State Treasurer requires all qualified public depositories to deposit with the Treasurer or another banking institution eligible collateral. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. Accordingly, all cash held by banks are fully collateralized or insured. Fund balances At September 301, 2017, the Authority's General Fund reported unassigned fund balance of $1,698. As previously described, unassigned fund balance are amounts that have not been assigned to other funds and have not been restricted, committed, or assigned for a specific purpose. Interlocal agreement On August 14, 1997, and amended on October 9, 2013, the Authority entered into an Interlocal Agreement with the City to construct, operate, manage, and maintain the Air Transportation Facility on Watson Island. The initial term of the Interlocal Agreement is for 30 years, with two additional renewal periods of 10 years each, at the City's option. 15 Submitted into the public record for item(s) SR -5 MIAMI SPORTS AND EXHIBITION AUTHORITY on 10 25 18, City Clerk (A Component Unit of the City of Miami, Florida) NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2017 Note 2 - detailed Notes to Operations (Cont'd) Interlocal agreement (cont'd) In accordance with the Interlocal Agreement, rent is to be paid by the Authority to the City as follows: 1) for the airport area, rent shall be established in accordance with the requirements of the State Deed restrictions, funders, granters and any outstanding debt services, and Florida Department of Transportation ("FDOT"), and the Federal Aviation Administration regulations as they relate to the Air Transportation Facility; and 2) for the adjacent area, at such time as the Authority develops, or procures the development of the adjacent area, the Authority shall not convey any interest with respect to the adjacent area, unless i) the Authority receives fair market rent in connection with any use of the Air Transportation Facility and its adjacent area, and iij the Authority negotiates a payment to the City which guarantees a fair market return to the City. As of September 30, 2017, no such rent has been paid to the City as a result of the lack of development and receipt of grant funds for the Heliport. Lease and sublease agreements Miami Children's Art Museum On November 2, 2001, the Miami Children's Art Museum entered into a lease agreement with the Authority to lease space on Watson Island. The terms of the agreement is for 45 years at rent of $2.00 per year. Linden Airport Services Corporation — Heliport Project On October 9, 2013, Lindero Airport Services Corporation ("Linden"), d/b/a Watson Island Heliport Corporation, entered into a 30 -year Sublease Agreement (the "Linden Sublease Agreement") with the Authority to lease certain space on Watson Island to develop and operate a heliport for the use and benefit of the general public. Upon expiration of the original term, Linden has the option to extend the agreement for two 10 -year periods. In conjunction with the Linden Sublease Agreement, Linden entered into a separate Development Agreement with the Authority and the City, as consent and joinder, for the construction of the helipad, to be paid by an initial $350,000 contribution from Linden, available grant funds from the City, and the remaining construction costs to be paid by Linden. 16 Submitted into the public reord far item(s) 5R.5 c MIAMI SPORTS AND EXHIBITION AUTHORITY re or10/2,5118,City Clerk (A Component Unit of the City of Miami, Florida) NOTES TO THE BASIC FINANCIAL' STATEMENTS SEPTEMBER 30, 7017 Note 2 - Detailed Notes to Operations (Cont'd) Lease and sublease agreements (cont'd) Linden Airport Services Corporation — Heliport Project (cont'd) In accordance with the Linden Sublease Agreement, rent to be paid by Linden to the Authority shall be the greater of the minimum annual rent or percentage rent. Minimum annual rent is determined as follows: i) $2,200 per month for lease years 1 and 2; ii) $3,800 per month for lease year 3; iii) $5,500 per month for lease year 4; iv) $5,775 per month for lease years 5 through 9; v) $5,208 per month for lease years 10 through 19; vi) $6,705 per month for lease years 20 through 25; and vii) $7,375 per month for lease year 26 and every lease year thereafter. Percentage rent is determined as follows: i) 2.5% of gross revenues for lease years 1 and 2; ii) 5% of gross revenues for lease years 3 and 4; iii) 7.5% of gross revenues for lease years 5 through 9; iv) 8% of gross revenues for lease years 10 through 19; and v) 10% of gross revenues for lease years 20 through 30. Rent revenue recognized on the Linden Sublease Agreement during fiscal year 2016 totaled $25,400. The Linden Sublease Agreement and the Development Agreement were simultaneously amended twice during fiscal year 2015. in accordance with the second amendment to the Linden Sublease Agreement, dated September 16, 2015, the Authority agreed to contribute up to $200,000 towards the cost charged by Florida Power and Light to place all of the required electrical utility lines underground at the heliport site. Chalks Airlines, Inc. On July 29, 2014, Chalks Airlines, Inc. ("Chalks") entered into an Amended and Restated Air Terminal Facility Sublease Agreement (the "Chalks Sublease Agreement") with the Authority to sublease certain space on Watson Island to operate an air transportation facility for the use and benefit of the general public. Pursuant to a Settlement Agreement dated March 6, 2002 (the "Settlement Agreement") by and between the Authority and Flying Boat, Inc. (d/b/a Chalks Ocean Airways), the Authority and Flying Boat, Inc. (the "Original Tenant") entered into that certain Air Terminal Facility Sublease, dated March 6, 2002 (the "Original Sublease"), which Original Sublease has been assigned to Chalks. The Chalks Sublease Agreement amends and restates the Original Sublease. Chalks' initial plans for the leased property contemplate, at Chalks' own cost and expense, tenant improvements to include the refurbishment and/or new construction of the existing air transportation facility and the new construction of new facilities in one or more phases. 17 Submitted into the public record for item(s) SR -5 MIAMI SPORTS AND EXHiBITION AUTHORITY on 10 25 18 City Clerk (A Component Unit of the City of Miami, Florida) NATES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2017 Note 2 - Detailed Notes to Operations (Cont'd) Lease and sublease agreements (cont'd) Chalks Airlines, Inc. (cont"d) New facilities will include food and alcohol service establishments, a historical center, a media room, commercial recreational indoor and/or open air retail businesses, other commercial, educational and civic uses, as well as learning centers, and parking facilities. All designs for any such tenant improvements are subject to review and approval by the Authority. The initial rent to be paid by Chalks (the "Initial Construction Stage Rent") is $5,000 per month, commencing on the effective date, and from that date through the earlier of (i) substantial completion of the tenant improvements; or (ii) the receipt of a temporary or final certificate of occupancy, whichever is obtained first (the "Rent Commencement Date"). If Chalks fails to open the tenant improvements, including the restaurants (the "f=acility Opening"), as of the Rent Commencement Date, the Initial Construction Stage Rent will increase to $20,833 per month until such time as the Facility Opening occurs. Commencing with the date the Facility Opening occurs through the expiration date of the Chalks Sublease Agreement (i.e. October 18, 2043), Chalks shall pay the Authority as annual rent, the greater of $500,000 or a percentage rent equal to the sum of (i) 5% of the pertinent annual gross revenue attributable to Chalks' sale of fuel at the property, (ii) Chalks' or its subtenant's gross revenue from the sale of food, beverage and alcohol per establishment, other than the Air Transportation Facility, equal to 8% of the pertinent annual gross revenues from such sale of food, beverage and alcohol over $300,000 but less than $500,000 and 10% of annual gross revenues from such sale of food, beverage and alcohol of $500,000 or more, (iii) 109' of gross revenues from ticket or other sales for access at the historical center, media or learning center, and (iv) 1% of the pertinent annual gross revenues (after deducting out any other amounts of gross revenues paid pursuant to clauses (i) _ (iii) above, plus $15.86 per square foot of the establishments used as retail portions of the Commercial Facilities). Rent revenue recognized on the Chalks Sublease Agreement during fiscal year 2016 totaled $72,000. Upon execution of the Chalks Sublease Agreement, Chalks paid a security deposit in the amount of $250,000, which wasn't actually paid until fiscal year 2016. The security deposit is reported on the statement of net position as deposits payable. 18 Submitted into the public record for item(s) SR.S MIAMI SPORTS AND EXHIBITION AUTHORITY on 16 25 18 City Clerk (A Component Unit of the City of Miami, Florida) NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2617 Nate 2 - Detailed Notes to Operations (Cont'd) Interfund receivables, payables and transfers At September 30, 2017, the Non CDT Fund reported a due to the Watson Island Fund, and the Watson Island Fund reported a due from the Non CDT Fund, in the amount of $25,603. The outstanding balance is a result of the time lag between the dates that payments between funds are made. During fiscal year 2017, the Non -CDT Fund transferred a total of $129,700 and Watson Island Fund transferred $23,775 to the General Fund to cover operating expenditures. Risk management The Authority is exposed to various risks of losses related to torts; theft or damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The Authority purchases commercial insurance for the risks of loss to which it is exposed. Policy limits and deductibles are reviewed by management and established at amounts to provide reasonable protection from significant financial loss. There were no losses or claims incurred during the current fiscal year, and there were no settlements that exceeded insurance coverage during the past three fiscal years. New pronouncements issued The following pronouncements have recently been issued by the GASB, but do not or will not have a material impact on the financial statements of the Authority upon implementation: GASB Statement No. 72, Fair Value Measurement and Application, which is effective for the fiscal year ending September 30, 2017. GASB Statement No. 73, Accounting and Financial Reporting for Pensions and Related Assets That Are Not within the Scope of GASB Statement 68, and Amendments to Certain Previsions of GASB Statements 67 and 68, which is effective for the fiscal year ending September 30, 2017. GASB Statement No. 74, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans, which is effective for the fiscal year ending September 30, 2017. GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions, which is effective for the fiscal year ending September 30, 2018. 19 Submitted into the public record for item(s) SR.S MIAMI SPORTS AND EXHIBITION AUTHORITY on 10/25/18 City Clerk (A Component Unit of the City of Miami, Florida) NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2017 Note 2 - Detailed Notes to Ooerations {Cont'd New pronouncements issued (cont'd) GASB Statement No. 77, Tax Abatement Disclosures, which is effective for the fiscal year ending September 30, 2017. GASB Statement No. 78, Pensions Provided through Certain Multiple -Employer Defined Benefit Pension Plans, which is effective for the fiscat year ending September 30, 2017. GASB Statement No. 79, Certain External Investment Pools and Pool Participants, which is effective for the fiscal year ending September 30, 2017, GASB Statement No. 80, Blending Requirements for Certain Component units — an amendment of GASB Statement No. 14, which is effective for the fiscal year ending September 30, 2017. GASB Statement No. 81, Irrevocable Split -Interest Agreements, which is effective for the fiscal year ending September 30, 2018. GASB Statement No. 82, Pension Issues — an amendment of GASB Statements No. 67, No. 68, and No. 73, which certain requirements are effective for the fiscal year ending September 30, 2017, and certain other requirements effective for fiscal year ending September 30, 2018. GASB Statement No. 83, Certain Asset Retirement Obligations — Effective Date: The requirements of this Statement are effective for reporting periods beginning after June 15, 2018. Earlier application is encouraged. GASB Statement No. 84, Fiduciary Activities — Effective Date: The requirements of this Statement are effective for reporting periods beginning after December 15, 2018. Earlier application is encouraged. GASB Statement No. 85, Omnibus 2017 — Effective Date: The provisions of this Statement are effective for periods beginning after June 15, 2017. Earlier application is encouraged. GASB Statement No. 86, Certain Debt Extinguishment Issues — Effective Date: The requirements of this Statement are effective for reporting periods beginning after June 15, 2017. Earlier application is encouraged. GASB Statement No. 87, Leases — Effective Date: For reporting periods beginning after December 15, 2019. 20 Submitted into the public record for item(s) SR,5 MIAMI SPURTS AND EXHIBITION AUTHORITY on 10115Z18, City Clerk (A Component Unit of the City of Miami, Florida) NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2617 Note 2 - Detailed Notes to Operations iCont'd Subsequent events The Authority evaluated subsequent events through January 15, 2018. No subsequent events were identified that require adjustment to or disclosure within the financial statements. Note 3 - Other Matters Chalks has filed a complaint against the City of Miami ("City") in connection with the its rights under the Miami Seaplane Base License issued by the Florida Department of Transportation ("FDOT") and varied FAA applications submitted by the City under the auspices of the Miami Seaplane Base's FDOT Airport license. The declaratory action mentioned above is solely against the City of Miami and not MSEA. However, this matter may impact agreement amongst Chalks, MSEA and the City. 21 Submitted into the public record for item(s) SR.5 on 10125/18 City Clerk Required Supplementary information Submitted into the public record for item(s) SR.5 MIAMI SPORTS AND EXHIBITION AUTHORITY on 10 Zs I8 City Clerk (A Component Unit of the City of Miami, Florida) BUDGETARY COMPARISON SCHEDULE - GENERAL FUND (Required Supplementary information - Unaudited) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017 Variance With Budgeted amounts Final Budget - Actual Positive Original Final Bud eta Basis (Negative) Revenues; Interest income Total revenues - Expenditures: General and administration 89,500 Professional services 18,300 Total expenditures 107,800 Deficiency of revenues under expenditures (107,800) Other financing sources: Transfers in - Carryover fund balance 107,800 Total other financing sources 107,800 Net change in fund balances - $ 168 $ 168 168 16,8 89,500 83,814 5,686 18,300 19,000 700 107,800 102,814 4,986 (107,800) 102,6461 (5,154) 153,475 153,475 107,800 - - 107,800 _ 155,475 153,475 L --W-$29 The notes to the supplementary information are an integral part of this schedule. 22 Submitted into the public record for item(s) SR.5 on 10125118 City Clerk MIAMI SPORTS AND EXHIBITION AUTHORITY (A Component Unit of the City of Miami, Florida) NOTES TO THE BUDGETARY COMPARISON SCHEDULE SEPTEMBER 30, 2017 Note 1- Budgetary information In accordance with generally accepted accounting principles, budgetary comparison information is disclosed only for the general fund. Section 52.6-10 of the City's Code requires the Authority to annually submit to the City Commission a general fund administrative budget request pertaining to operating expenditures for approval. The annual operating budget for the general fund is adopted on a basis consistent with generally accepted accounting principles. The annual budget may be revised during the fiscal year subject to approval by the board of directors of the Authority and the City Commission. The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. Note 2 - Budget/GAAP Reconciliation Adjustments necessary to convert the change in fund balance as of September 30, 2017 from the budgetary basis of accounting to U.S. generally accepted accounting principles (GAAP) basis of accounting is as follows: Change in fund balance — budgetary basis $ 50,829 Less grants to third -parties (57,500) Net change in fund balance — GAAP basis (6,671) Grants to third -parties are not budgeted. However, such grants are approved by the board of d i recto rs. 23 Submitted into the public record for item(s) SR.5 on 10/25/18 City Clerk COMPLIANCE SECTION ANTHONY BRUNSON P.A. t � INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS 13ASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board Members Miami Sports and Exhibition Authority We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business -type activities, and each major fund of the Miami Sports and Exhibition Authority (the Authority) as of and for the year ended September 30, 2017, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements, and have issued our report thereon dated January 15, 2018. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Authority's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Authority's internal control. Accordingly, we do not express an opinion on the effectiveness of the Authority's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, we did identify a certain deficiency in internal control described in the accompanying schedule of findings and questioned costs that we consider to be a significant deficiency. Fort Lauderdale Office Miami Office ,33 [_as Olay lkay i CU 4 Foil Laadvi-d-,ile, FL w3 -MI I: iLK4i 301-6� 71 LnCL a: v � U1� U __ o E � fq C3 U in o SOI 13rickelI Avenue i Suite 900 Miami, FL3;l31 T' (305) 789-66e submitted into the public record for item(s) SR -5 on 10/25/18, City Clerk Compliance and Other Matters As part of obtaining reasonable assurance about whether the Authority's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. The Authority's Response to Finding The Authority's response to the finding identified in our audit is described in the accompanying schedule of findings and questioned costs. The Authority's response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Miami, Flor da January 15, 2018 r25 Submitted into the public record for item(s) SR.5 MIAMI SPORTS AND EXHIBITION AUTHORITY on 10/25118, City Clerk (A Component Unit of the City of Miami, Florida) SCHEDULE OF FINDINGS AND QUESTIONED COSTS SEPTEMBER 30, 2017 Section I —+Current Year Finding 2017-01 Amended Interlocal Agreement and Joint Participation Agreement (JPA) (collectively referred to as "Agreement") Condition This Agreement impacts the rights and obligations of FDOT, the City of Miami and Lessees within a project location describe as the "Watson Island Air Transportation Facility" (Watson Island Fund). The JPA expired June 30, 2015. Cause of Condition As a result of the JPA's expiration and lack of development activity, uncertainty has been created regarding the appropriateness of the "Watson Island Fund" and specific rights of the facility's Lessees. Potential Effect of Condition Tenants who hold leases with MSEA potentially have had their operating and development rights impacted. Recommendation The expired JPA and other lease agreements held among the City of Miami, MSE;, and tenants of Watson Island should be re -visited as soon as time permits, to address the operational and/or development rights of each stakeholder. Client Response MSEA agrees with the finding that the agreements need to be corrected to accurately reflect the current status of MSEA's obligations under such agreements, as there is no Watson Island Air Transportation Facility in existence. I raised my concerns to the City Attorney's office about the financial statements given that a letter was received from FDOT notifying the City of Miami the FDOT will no longer support nor fund the project under the JPA. on multiple occasions I met with the office of the City Attorney, the Chief Financial Officer, and the Budget Director. Section II — Prior Year Findings There were no prior year audit recommendat;ons or findings. 26 ANTHONY BRUNSON P.A. i cs MANAGEMENT LETTER IN ACCORDANCE WITH THE ¢� n RULES OF THE AUDfTOR GENERAL OF THE STATE OF FLORIDA o � V The Board Members Miami Sports and Exhibition Authority v o We have audited the financial statements of the Miami Sports and Exhibition Authority (the 3 Authority), a component unit of the City of Miami, Florida, as of and for the fiscal year ended o September 30, 2437, and have issued our report thereon dated January 15, 2018. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and Chapter 14.550, Rules of the Florida Auditor General. We have issued our Independent Auditors' Reports on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in those reports, which are dated January 35, 2018, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which governs the conduct of local governmental entity audits perforated in the State of Florida. This letter includes the following information, which are not included in the aforementioned auditor's reports: Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the ,preceding annual financial audit report not otherwise addressed in the auditor's report pursuant to Section 10.557(3)(b)2., Rules of the Auditor General. There were no prior year findings or recommendations made in the preceding annual financial audit report, • Section 10.554(1)(i)2,, Rules of the Auditor General, requires our audit to include a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our current year audit, we determined that the Authority complied with Section 218.415, Florida Statutes. Section 10.S54(1)(i)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. In connection with our current year audit, recommendations are described in Section I of the Schedule of Findings and Questioned Costs report. Fort Lauderdale Office 33.3 Las t)las Wats I UU 4 Fart Liudcrdalt,. FL 3330 T: (954) 36 1 -65 71 iIl fZ; i, t. iIhL II,I"S➢llltIL ...',I'i Miami Office NO 1 13rickell A�-entre ! Suite. 900 Miami, Fl- 33131 T: ! 36.45) 789-66 i Submitted into the public record for item(s) 5R.5 an 1U 25 18 City Clerk • Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address noncompliance with provisions of contracts or grant agreements, fraud, illegal acts, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. In connection with our current year audit, we did not have any such findings. • Section 10.554(1)(i)5., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. Such disclosures are made in note I(A) to the Authority's financial statements. ■ Section 10.554(1)(i)6.a., Rules of the Auditor General, requires a statement be included as to whether or not the local governmental entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection with our current year audit, we determined that the Authority did not meet any of the conditions described in Section 218.503(1), Florida Statutes. • Section 10.554(1)(i)6.b., Rules of the Auditor General, requires that we determine whether the annual financial reports for the Authority for the fiscal year ended September 30, 2017, filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2017. The Authority does not file a separate report with the State of Florida Department of Financial Services. The financial operations of the Authority are included in the basic financial statements of the City of Miami, Florida for the year ended September 30, 2017. • Sections 10.554(1)(i)6.c. and 10.556(7), Rules of the Auditor General, require that we apply financial condition assessment procedures. In connection with our current year audit, we applied financial condition assessment procedures. it is management's responsibility to monitor the entity's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. This management letter is intended solely for the information and use of the board of directors, management of the Authority, and the State of Florida Office of the Auditor General, and is not intended a and should not be used by anyone other than these specified parties. r ' Miami, FI rid January 15, 2 18 28 f 1012312018 Audit of Miami government agency reveals issues I Miami Herald miamilHerato Submitted into the public record for item(s) SR.5 on 10 25 18 City Clerk aaaaaa�,Ya aaaa � a � A, i aL yaaiai��� MIAMI-DADE COUNTY Audit: Miami City Hall employee paid two salaries for job that might not be necessary BY JOEY FLECHAS iflechas@miamiherald.com July 27, 20118 09:15 PM Updated July 29,201810:23 PM A Miami City Hall employee was paid two salaries for three years while she single-handedly ran IL an agency that city auditors suggest might be unnecessary, an internal review has found. h 117 By continuing to use this site, you give your consent to our use of cookies for analytics, personalization and ads. EYad hUps://www.miamiheraid.com/news/local/community/miami-dade/article215641790.htmi 117 10123/2018 Audit of Miami government agency reveals issues I Miami Herald Miami's independent auditor general issued a critical appraisal of the city and its tenuous relationship with the Miami Sports and Exhibition Authority, a long-standing semi -autonomous government agency with a budget of about $677,000 that no longer serves its original purpose of promoting sports and conventions in the city. The authority now acts as little more than a landlord for tenants on city -owned Watson Island, which include the Miami Children's Museum and a few stalled projects — a seaplane base and a heliport. I:1 0111:114 f 111OLF] iRead invented by Teads The audit, requested earlier this year by City Manager Emilio Gonzalez, found that since 2017 the director, Lourdes Blanco, has been paid from two separate pots of public money — the authority itself and the city's general fund — that combined for a total annual salary of $112,976. Blanco recently sued the city when she stopped receiving the portion of her salary being paid by the authority. She is still receiving payments from the city budget. In the 16 -page review published Tuesday, city auditor Theodore P. Guba highlighted problems with the agency's record-keeping, the lack of written policies and procedures for financial controls and the payment of two salaries from different budgets to the executive director. The audit says the director, Blanco, never received approval by the City Commission when she was appointed, and she did not meet minimum educational requirements for the job. https://www.miamiherald.comlnews/local/community/miami-dadelarticle215641790.htmI 2/7 U CL ix OJ JAI Ld p U 00 Replay 0 :Qtl rr LA 0 i O p ri C 0 Learn More v iRead invented by Teads The audit, requested earlier this year by City Manager Emilio Gonzalez, found that since 2017 the director, Lourdes Blanco, has been paid from two separate pots of public money — the authority itself and the city's general fund — that combined for a total annual salary of $112,976. Blanco recently sued the city when she stopped receiving the portion of her salary being paid by the authority. She is still receiving payments from the city budget. In the 16 -page review published Tuesday, city auditor Theodore P. Guba highlighted problems with the agency's record-keeping, the lack of written policies and procedures for financial controls and the payment of two salaries from different budgets to the executive director. The audit says the director, Blanco, never received approval by the City Commission when she was appointed, and she did not meet minimum educational requirements for the job. https://www.miamiherald.comlnews/local/community/miami-dadelarticle215641790.htmI 2/7 10123/9018 Audit of Miami government agency reveals issues I Miami Herald Guba suggests the city take a hard look at whether it makes more sense for the city to abolish the authority and absorb its landlord function. He also recommends the city be more transparent by providing easier access to budgets from 13 other semi -autonomous agencies that are set up similarly ---- governmental bodies that control about $170.8 million. Blanco told the Miami Herald that she, the authority's only employee, is the victim of a "witch hunt" and she is being persecuted for issues that extend beyond her responsibilities. "I have done everything correct," she said. "I have done nothing wrong." Since she was promoted from interim director to executive director of the authority in 2015, Blanco — who came to the authority after working for the city — drew a salary from the authority's budget and from the city's general fund budget. She also received health insurance payments from both budgets, along with car and cellphone allowances. The salary from the city manager's office totaled $62,976. The authority's portion of her earnings started at $14,000 in 2016 and more than doubled to $50,000 in 2017 — a raise that the auditor noted was approved without discussion by the authority's board. "Our discussion with a ... board member indicated that he was aware of her city salary in addition to her approved salary in the [authority] budgets," Guba wrote. This board member is not named in Guba's audit, but the statement was refuted by two other former board members -- including Mayor Francis Suarez. "I was not aware," Suarez said Friday. The mayor, then a commissioner who questioned whether the authority should exist, resigned from the board in 2016 when its composition was restructured. Another former member who served on the board for 11 years said on Friday that he only knew of Blanco's salary from the authority. "I had no idea she was also getting a check from the city manager," said Nathan Kurland, a Coconut Grove activist. Blanco maintains she was operating under an arrangement that is long-established and well- known. Submitted into the public record for item(s) SR.S on 10/25/18, City Clerk https://www.miamiheraid.com/newsliocai/communitylmiami-dade/article2l5641790.html 317 1 412 312 0 1$ Audit of Miami government agency reveals issues I Miami Herald "That policy was founded long ago and has been followed consistently to date," Blanco wrote in her May 30 response to the audit, which she forwarded to each commissioner this week. "All city commissioners and board members of [the authority] have been aware of this historically and no eyebrows or questions have ever been raised. " The auditor recommended the city review Blanco's salary and benefits package "for appropriateness in light of the issues outlined in the findings" and write a policy for how Blanco should be paid. Kurland said he questioned aspects of the authority's management even before Blanco became director. He said that for about a year during his tenure under a previous director, no one kept legally required minutes of the authority's board meetings, leaving a hole in the record of the board's actions. Kurland said because of this, there's no record of board members questioning the lack of basic documentation of their work. "There's no minutes to reflect why we're wondering why there were no minutes being taken," he said. Kurland said Blanco began keeping a record of meetings when she took over. Even though now there are records of the board's actions, the agency's days may be numbered. Suarez, who as mayor is the de -facto chairman of the authority's board, said he plans to recommend the city abolish the agency when the commission meets again in September. "I don't see the need anymore for MSEA. It's outlived its usefulness," he said. "I think the findings of the audit just support that in a multitude of different ways." Meanwhile, Blanco said she's suffering because of the mistakes of other government bureaucrats and lack of guidance from her board. No one questioned her appointment, she said, and any discrepancies should have been handled by the city attorney's office to make sure the commission voted on her appointment. Similarly, she said the city administration should have cleared up any questions about her compensation. In her letter, she blasted Guba's conclusions and challenged him to incorporate her responses in his audit. Submitted into the public record for items) Sit.5 on 1D 25 18, City clerk htips:llwww,miamiherald.com/newsliocallcommunitylmiami-dadelarticle2l 5641790,html 4R 14/23/2018 Audit of Miami government agency reveals issues i Miami Herald Submitted into the public Read the full audit below. record for item(s) 5R.5 on 10 25 18 City Clerk To print the document, click the "Original Document" link to open the original PDF. At this time it is not possible to print the document with annotations. This article has been clarified to reflect the correct time period when minutes of the authority's meetings were not recorded, according to a former board member p previous version of this article mischaracterized that time htips:llwww.miamiheraid.com/newsliocallcommunity/miami-dade/article2l5641790.html 5/7 101231WO18 Audit, of Miami government agency reveals issues I Miami Herald period Submitted into the public record for items) SR.5 on 1O 2518, City Clerk fl COMMENTS v TAKE US WITH YOU Real-time updates and all local stories you want right in the palm of your hand. f MIAMI HERALD APP VIEW NEWSLETTERS You 0 SUBSCRIPTIONS Start a Subscription Customer Service eEdition Vacation Hold Pay Your Bill Rewards LEARN MORE About Us cnntart i I�, https:llwww.miamiheraid.comlnewsllocallcommunitylmiami-dade/artiole2l 5641790.html 617 10123/2018 COPYRIGHT Audit of Miami government agency reveals issues l Miami Herald Newsletters News in Education Public Insight Network Reader Panel ADVERTISING Place a Classified Media Kit Commercial Printing Public Notices Shopping COMMENTING POLICY PRIVACY POLICY TERMS OF SERVICE Submitted into the public record for item(s) SR.5 can 1Q 25 18 City Clerk https:llwww.miamiheraid.com/newMocal/community/miami-dade/article2l5641790,html 717 Submitted into the public record for item(s) 5R.5 on 10/25/19 City Clerk ATLAbn SPORTS AND EXBIBMON AUTHORITY 311. ilew i I' _ds 4 FISCAL VEA 11-2012 DESCRIPTION 2012 Budget 1 REVENUES MSEA Reswve Funds Interest income TOTAL REVENUE $ 53,500 1, PayroU, Taxes and Benefits COMPENSATION AND BENEFITS 'i Examtve Director Marketing Manager, Exacwtive Assistant 3 Bookkeeper 4 Group Insurance cin 0 Retlramenl Plan Total Pe otl, Taxcs and Beziefits ]1 Operatiap Expenses 7 Business Meeting -Expenses ..T j7 4 WE'D! Conference Registration 9 ContIngaricias "d RAM 11 General Insurance & Directors Liability Insurance 20,000 Mernberships/Subscriptions a ap 4- 'A 13 Office SuppBes 100 Pasta 9i I, %', 100 15 Telephone — Ma or ClWido'Eveni TOTAL OPERATING EXPENSES 30,500 M. PROFESSIONAL SERVICES 16 Audit gftl� Ml OEM �;A, aj 10 Professional Servfcestprojecis a.000 TOTAL PROFESSIONAL SERVICES 23,p00 TOTAL OPERATING EXPENSES 63,60D IV. CAPIl AL EXPENI)rfURM 20 OFFICE EQUIPMENT PURCHASES 21 Malmase Golf Clubhouse TOTAL CAPITAL EXPENDITURES Excez3(shortage) of Revenue over Fxpen8as Submitted into the public record for item(s) SR.5 on 10/25/18 City Clerk AV-4AII SPORTS AND EXHIBITION AUTHORITS -Propose! Operating Budget FISCAL YEAR 2012-2013 DESCRIPTION� 2012 Budget MSEA Reserve Fund 11 65.03 TOTAL REVENUE 5 66.000 L Pa3To11, TFXCS and BenerltS COMPENSATION AND BENEFITS 1 Executive Director 2 Pmiect lUEanagr e. 3 Execufrve Assistant 4 Bookkeeper 5 vr0up Insurance TOTAL OPERATING EXPENSES .6 SSfi�Ae[fipareCaritributicin - ' r Retirement Plan . - 18 . -Le ai5v ort lv1SEA WAST{7N tSLAfdD lrltytromzE 9 PP _ To ca: Pstyrall. Taxes and Eenefira 9 .PrafessiQnal- Sewfcesl rl. Oper2ti9g Expenses 20 Prcfessianal5erviceslDr:qects I Administrative Services Expenses 5, 4 Business Meeting Expenses 1,300 1D Car AlkawarnICelipho�e Mrlea�e �,�"r�� 3 gpp; 1� ';GounerLQelruery TOTAL CAPITAL EXPENDITURES 12 General Insurance $ Directors UabI ity Insurance 25,000 Excess (s)ortage] of Revenue ove- Eq mrses Ce Equr .744lJlarntetaaIs>re t 2pp 14 Office Supplies 600 15 Passage 100 16 Telephone TOTAL OPERATING EXPENSES 3s.000 itL PROFESSIONAL SERVICES 17 Auditi s 000T, . - 18 . -Le ai5v ort lv1SEA WAST{7N tSLAfdD lrltytromzE 9 PP 9 .PrafessiQnal- Sewfcesl 20 Prcfessianal5erviceslDr:qects 1=,u0fl TOTAL PROFESSIONAL SERVICES 30.000 TOTAL OPERATING E_%PENSES 66,000 IV, CAPITA.. ERPENDI' IBES 21 Office Fdmiture Expenditures TOTAL CAPITAL EXPENDITURES TOTAL OPE LkTING BUDGZIM'hCA.P.TALMFENDITURES 5- 6fi,pD0 Excess (s)ortage] of Revenue ove- Eq mrses MIAMI SPORTS AND EXHIBITION AUTHORITY Proposed Operating Budget FISCAL YEAR 2013-2014 DESCRIPTION 2013 Budget REVENUES MSEA Reserve Funds $66,000 TOTAL REVENUE $ 66,000 i. Payroll, Taxe9 and Benefits COMPENSATION I Executive Director s0 2 Project Manager 5o 3 Bookkeeper se 4 Retirement Plan SC TOTAL PAYROLL, TAXES AND BFNEFITS $0.00 II. Operating zxpawcs 5 Administrative Services $20,000 8 Business Meeting Expenses 51,600 7 Business Travel SC 8 Car Allowance/Cellphone, Mileage $6,000 9 Conference Registration $0 10 Contingencies $2,000 11 CourieriDeiivery Si0o 12 General Insurance & Dfrectofs Liability Insurance $17,000 13 memberships/Subscriptions - Stale of Florida fees $200 14 Warehouse Storage 54.500 15 Office Supplies $300 16 Postage $50 17 Printing $100 16 Prornotions/Marketing $0 19 Tele hone $a TOTAL OPERATING EXPENSES 551,s5o U1. Professional Scrvires 2a Audit S10.300 21 Legal Support MSEA - City Attorney $0 22 Professional Service fees- bank fees $650 23 Accounting Services $3,000 TOTAL PROFESSIONAL SERVICES $13,650 TOTAL OPERATING EXPENSES $65,500 IV. Capital Expenditures 24 Office Equipment $500 25 Furniture & Fixtures 50 TOTAL CAPITAL EXPENDITURES $500 TOTAL OPERATING i3T WI CAFlTAL EXI lTURES :. S 613,000 Subrnitted into the public record for item(s) sR.S onlt7 25 18, City Clerk Submitted into the public record for item(s) 5R.s on 1{} Z5 18 City Clerk NHANH SPORTS AND EXHIBITION AUTHORITY Proposed Operating Budget FISCAL YEAR 2014-2015 DESCRIPTION 2014-2015 Budget REVENUES MSEA Reserve Funds $89,000 TOTAL REVENUE $ 89,600 I. Payroll, Taxes and Benefits COMPENSATION 1 Executive Director so 2 Project Manager $0 3 Bookkeeper $0 4 Retirement Plan $0 TOTAL PAYROLL, TAXES AND BENEFITS $0.00 11. Operating Expenses 5 Administrative Services $30,000 6 Business Meeting Expenses $1,500 7 Courier/Deliveries $100 8 General Insurance & Directors Liabilify Insurance $16,000 9 Car Allowance $5,400 10 Travel Expenses $2,700 11 Insurance - health, life, disability $5,000 12 Phone / tablet PC Allowance $3,400 13 Memberships/Subscriptions - State of Florida fees $500 14 Promotions/Marketing 3o 15 Office Supplies $206 16 Postage $50 17 Printing $100 18 Contingencies $5,000 TOTAL OPERATING EXPENSES $69,950 III. Professional Services 19 Warehouse Storage Services $4,500 20 Audit Services $10,000 21 Bank Services $550 22 Accounting Services $4,000 TOTAL PROFESSIONAL SERVICES $19,050 TOTAL OPERATING EXPENSES $89,000 IV. Capital Expenditures 23 Office Equipment $0 24 Furniture & Fixtures $0 TOTAL CAPITAL EXPENDITURES so TOTAL OPERATING BUDGET WI CAPITAL EXPENDITURES $ 89,040 Submitted into the public record for item(s) 5R.5 on 10 25 1B City Clerk Blanca, Lourdes From: Flechas, Joey <jflechas@miamiherald.com> Sent: Friday, July 27, 2018 4:49 PM To: Blanco, Lourdes Subject: Re: MSEA Audit/Lourdes Blanco Executive Director Thank you. On Fri, Jul 27, 2018 at 4:14 PM, Blanco. Lourdes <lourdesblanco La miamigov.corn> wrote: As per your request. From: Blanco, Lourdes Sent: Wednesday, May 30, 2018 1:29 AM To: Guba, Theodore <tguba.dadiami�ov.com> Cc: Blanco, Lourdes <Iourdesblanconrniarni ►o�, v.corn> Subject: MSEA Audit/Lourdes Blanco Executive Director Good Evening, Mr. Guba, I met with you and my attorney last Friday and voluntarily turned over your proposed report which you kept stating was not a public record. What you failed to see is that when you turned it over to me, it nonetheless became a document provided to me and that I was at liberty to obtain and keep. Nonetheless, you insisted that the copies you supplied could not be removed. I thought that in your pursuit it would be appropriate to obtain sufficient, appropriate evidence to provide a reasonable basis to address the objectives of the audit and to support your findings and conclusions. In so doing I believe you should consider all evidence and laws that are significant within the context of the objectives. In this regard while it may appear that the letter of written ordinances or resolutions were not fully complied with, factually the requirements were legally waived by the City through its actions. Your report is not faithful to this requirement and the audit is a �4 a r misleading leading me to believe that it was done to retaliate for my openness and E U desire that the public be informed of the truth regarding the conditions now befalling v 41 E �. us regarding the heliport site. o You came to the conclusion that my appointment was not approved by the City Commission as required by the City Code of Ordinances. Yet, I was appointed by MSEA's board of directors as Executive Director on July 21, 2015 and since then the Board and the City Commission acquiesced to my appointment and have never questioned it. In fact, Assistant City Attorney Rafael Suarez -Rivas, MSEA's assigned City Attorney, whose function and duty it was to provide proper guidance never once questioned my appointment or my ability to act as the Executive Director. So you see that even if your report were correct, the City waived any challenge to my credentials. Why you chose not to review this matter with former Mayor Regalado remains a question. You have questioned whether I met the minimum requirements for the job. This again, ignores history. I have explored this with Ricardo Martinez from the Human Resources Department. Personnel records such as the City of Miami Chart of Accounts confirm my position. In 2017 Mr. Martinez requested me to write a new job application. Occupational Code 98059 was created for my promotion to Executive Director. Yet, without my knowledge I am still classified under Job Code Administrative Assistant 1,150005, International Intergovernmental Affairs Office. This incorrect and inconsistent classification is now brought up to attack me and give the impression of error. Again, the history of the situation is the best proof that assuming that I did not meet the requirements for the job, this assertion or position was waived a long time ago as it was not thought to be of importance. Yet, you have chosen to bring the matter up to create turmoil and excuse. You also criticize payments made to me as appearing on separate budgets. Budgets are approved by the Board of MSEA and by resolution of the City Commission. U ,n Y y � U Previous Executive Director, Kirk Menendez, was a city employee on the City Budget N E u and also appeared as Executive Director on the MSEA budget. That policy was a ` founded long ago and has been followed consistently to date. All City Commissioners .E v Ln v and Board Members of MSEA have been aware of this historically and no eyebrows or questions have ever been raised. At the July 18, 2417 meeting of the MSEA Board this subject was discussed without question. Commissioner Willie Gort and Chairman of the Commission Keon Hardemon are MSEA board members and they are fully aware of the nature of the payments. Additionally, De La Vega and Jewett, MSEA's CPA handled payroll and Jewett engaged Paychex, not me, to carry out the matter of payment to me; I had no contact or play in the methodology used to pay me. Regarding a failure to provide required reports you overlooked that monthly reports from {October 2417 to February 2418 were kept in a drawer in the Mayor's office. On May 23, 2417 I met Joe Ruiz, Chief of Staff of Mayor Suarez to pick up a folder from this drawer to make additional files for the upcoming MSEA meeting of May 31, 2418.1 noticed the reports were missing along with three financial statements from the files. Reports are given to the Board members inside their folders (I can supply a copy of one that I found) and the reports were not discussed by the Board. They seem to have been discarded by the Board Members. In your fourth finding you indicate that MSEA lacked policies and procedures regarding financial and operational controls. Cinder Section 2-14 of the City code the members of the authority are to make and adopt bylaws and regulations for the authority's governance and for the operation governance of its facilities. The emphasis is on the authority, not me. that is to adopt them. Your report provides an U erroneous impression that their absence is somehow a fault of mine. Lnl to U Board Member, Commissioner Willie Gort instructed the Executive Director to establish C N Cp Grant procedures. Mayor Regalado tried several times to present to the Board the v completed documentation as worked on by the Executive Director, Assistant City Attorney C/n L Q Robin Jones, and Assistant City Attorney Rafael Suarez -Rivas, MSEA's assigned city attorney, but the Board Members simply did not discuss them. In your final finding, you state that MSEA no longer receives convention development taxes and its functions may be carried out by other city agencies. Truth is MSEA has functioned just fine and has carried out its duties and obligations without the development taxes since 2004. When construction of the Chalk Seaplane base is finished MSEA will receive $200,000.00 a year for 30 years and over $1,000,000.00 a year based on the lease agreement. MSEA never had any general fund money from the City, that only income was derived from Chalk's Airlines. There were other matters that I noticed while going over your report. They are: Mr. Zhang conducted expense, and revenue analysis in the Audit report which are totally false. On March 16, 2018 at 9:53pm, I sent an email with graphs calling attention to his failure to distinguish between operational expenses and capital expenditures. The expense analysis in the report ignored my graphs and comments. The audit indicates that I approved variations on expenses. This is factually incorrect. The variations were fully and properly analyzed, studied, discussed, supported and approved by MSEA Board and the City Commission to their full satisfaction. MSEA's purpose is to grant funds for Sports and Exhibitions within the City of Miami. You also indicate that MSEA has been running a deficit in the financial operations. 4 This is false. Again, you have failed to distinguish between operating and capital expenditures as per certain Administrative Policy (AMP). Mr. Zhang purposely omits the AMP number, because there was no Administrative Policy in effect about cellular, telephone, and auto allowance_ Coverage for cellular telephone and auto allowance was created by the City Manager on 3122118, and it is number 3-01. The purpose of this AMP, is to ESTABLISH a policy regarding the use of City issues cellular telephone, and the assignment of cellular telephone and automobile allowances. The Audit Report says that I have violated an Administrative Policy (AMP) that did not existed. Car Allowance, Phone, Tablet, PC allowance, Insurance Reimbursement: This is the cost of what I pay toward the health, dental and life insurance, exactly as what was paid to my predecessor,( Dirk Menendez), who was a City of Miami employee, in both budgets paid by the City of Miami and by MSEA . 2014-2415 MSEA Budget prepared by Kirk Menendez, approved by MSEA and City Commission: Car allowance: $5,404.40 Phone, tablet PC,: $3,400.00 Insurance: $5,000.00 These are the same allowances that the Chairman and Board of Directors and City u As stated to Mr. Zhang by email dated March 16, 2018 at 10:42am all variations of g I v cu CA expenditures have been approved by MSEA Board and subsequently by the City 0 E Commission. The calculations made on the Audit Report in reference to the budget m N � � a are false. Ln o The Audit Report states I was reimbursed more allowance than what the City allows, as per certain Administrative Policy (AMP). Mr. Zhang purposely omits the AMP number, because there was no Administrative Policy in effect about cellular, telephone, and auto allowance_ Coverage for cellular telephone and auto allowance was created by the City Manager on 3122118, and it is number 3-01. The purpose of this AMP, is to ESTABLISH a policy regarding the use of City issues cellular telephone, and the assignment of cellular telephone and automobile allowances. The Audit Report says that I have violated an Administrative Policy (AMP) that did not existed. Car Allowance, Phone, Tablet, PC allowance, Insurance Reimbursement: This is the cost of what I pay toward the health, dental and life insurance, exactly as what was paid to my predecessor,( Dirk Menendez), who was a City of Miami employee, in both budgets paid by the City of Miami and by MSEA . 2014-2415 MSEA Budget prepared by Kirk Menendez, approved by MSEA and City Commission: Car allowance: $5,404.40 Phone, tablet PC,: $3,400.00 Insurance: $5,000.00 These are the same allowances that the Chairman and Board of Directors and City Commission authorized and approved for me. Interlocal Agreement, Development Agreement, Lease Agreement of Watson Island Y Heliport continue to be inaccurate. As per email of March 7, 2018, (sent to Mr. Guba), N VSI U on July 24, 2017, I sent an email to Mr. George Wysong saying I was not going to -= C> E U C Ln � 00 present expired and inaccurate documents to the external Auditor of MSEA. .p �Ln W� City Attorney, Victoria Mendez, and Assistant City Attorney George Wysong ignored my $ v many pleadings and requests and did not go over the documents and made me present inaccurate and expired documents to the external auditor, resulting in a significant deficiency in the September 30, 2018 MSEA certified financial statements. You may wish to proceed with your report in its present format, or you could be in compliance with Government Auditing Standards and provide a truthful picture. That choice will be yours. Respectfully submitted, Lourdes Blanco Executive Director Miami Sports and Exhibition Authority Joey Fleehas, Staff Writer Miami Herald 3511 NW gist Ave., Miami, FL 33172 desk: 305-376-3602 cell. 813-625-0049 Follow @iaeflech on Twitter and Facebook