August 16 Board Meeting Packet

REGULAR BOARD MEETING Downtown Development Authority Tuesday, August 16, 2022 8:30 AM 300 Clematis Street, Suite 200 West Palm Beach, FL 33401 ZOOM https://us02web.zoom.us/j/88415902209 Webinar ID: 884 1590 2209 CALL IN +1 929 436 2866 CALL TO ORDER

Rick Reikenis

PUBLIC COMMENTS AND QUESTIONS EXECUTIVE DIRECTOR’S REPORT PRESENTATIONS 

Raphael Clemente Sherryl Muriente

RFP 2022‐001 “The Next Big Thing” Progress Report

CONSENT CALENDAR (Action Required)  Minutes of Regular Board meeting July 19, 2022  Minutes of Special Board meeting July 27, 2022  Financial Statements for July 2022

Rick Reikenis

OLD BUSINESS (Action Required)

Rick Reikenis



2022‐2023 Budget Update

Raphael Clemente

NEW BUSINESS (Action Required)    

Invitation to join the Palm Beach Chamber of Commerce Trustee Program PSC Contract Renewal Green Earth Pressure Washing Contract Renewal Noise and disruptive activities

Raphael Clemente Catherine Ast Catherine Ast Raphael Clemente

ANNOUNCEMENTS  

August 22nd event for Robert Sanders, Esq. August 24th Downtown Summit at Dramaworks

ADJOURNMENT

Rick Reikenis 300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833.8873|Fax: 561.833.5870| www.downtownwpb.com

MEMO TO:

DDA Board Rick Reikenis, Chairman Bill Jacobson, Vice Chairman Bob Sanders Cynthia Nalley Varisa Lall Dass Daryl Houston

FROM: Sherryl Muriente, Public Realm Director RE:

RFP 2022‐001 “The Next Big Thing” Progress Report

DATE: August 16, 2022 On June 13th, the Downtown Development Authority (DDA) released a Request for Proposal (RFP) for “The Next Big Thing” in placemaking for Downtown West Palm Beach, via Submittable, the DDA website and advertised in the Palm Beach Post. A Mandatory Pre‐Proposal Informational video was provided the same date the RFP was released via a link on our website and Submittable with all 22 applicants confirming viewing it. Written questions were answered via an Addendum issued on June 27, 2022. The RFP closed on July 15, 2022.

The scope of the RFP includes, but is not limited to:  Provide a large‐scale urban experience that is unique and interactive, be it an installation, performance, a hybrid, or any other type of placemaking project that reflects the “Next Big Thing” for Downtown West Palm Beach.  Provide organizational overview with background information on individual or team demonstrating they can do the project.  Provide project concept, community engagement process, projected timeline, maintenance plan, and a budget all inclusive of all costs to produce the project.

Selection Committee Members who reviewed this proposal are:  Ann Marie Puente, Attorney at Legal Aid Society of PB and Resident of West Palm Beach, FL  Kady Yellow, Senior Director of Placemaking at Downtown Vision Inc.  Phillipe d’Anjou, Professor at the School of Architecture at Florida Atlantic University We received twenty (20) qualified proposals from:  Marco Casagrande  Miroslaw Struzik  Anthony Burks Sr.

               

Julia Sinelnikova Craig McInnis Jose Trejo Maya Trina Slade‐Burks Luca Domenico De Felice Debby Coles‐Dobay Alexandra Gonzalez Ryan Edwards (x2) Josee Guerette Tomasz Urbanowicz Andres Espinosa Matthew Merlino Zeki Kaba Robert Fehre Monika Bravo Emily Shi

The Selection Committee scored each proposal based on the following:

Evaluation Factor 1 ‐ Organization Overview/Background Information:  Provide individual and/or team resume(s) and a professional statement.  Demonstrate capability and experience by providing visual examples of past work, a past work project list, and three (3) references.

Evaluation Factor 2 – Project Concept:  Describe and explain theme/concept of the proposed project, describe the process, and include supplemental information such as medium or technique.  Demonstrate through digital images, illustrations, graphics, or video project concept.

Evaluation Factor 3 – Community Engagement:  Describe process on how project will creatively engage the public.

Evaluation Factor 4 – Strategy and Program Development  Outline estimated timeline for the project from concept to completion.  Describe how project will tolerate outdoor elements and provide a suitable maintenance plan.

Evaluation Factor 5 – Budget Information:  Itemize artist(s) fee, supplies, travel‐related expenses, insurance, and all costs associated with the project.  The project budget is $100,000; however, if the proposed project exceeds that amount the DDA may consider alternative and/or additional funding options.

The Selection Committee ranking meeting was held on July 21st and the scoring was as follows:

At this meeting, staff is providing the DDA Board a progress report. The three (3) semi‐finalists listed above, Josee Guerette, Marco Casagrande, and Debby Coles‐Dobay, will be presenting to the Selection Committee on September 1st. The final recommendation by the Selection Committee will be presented to the DDA Board on September 13th.

Thank you.

ORGANIZATIONAL AND REGULAR BOARD MEETING Downtown Development Authority Tuesday, July 19 ,2022 8:30 AM 300 Clematis Street, Suite 200 West Palm Beach, FL 33401 https://us02web.zoom.us/j/89804662509 Dial: ++1 301 715 8592 Webinar ID 813 0299 6457 In attendance: Chair Rick Reikenis, Vice Chair William Jacobson, Board member Varissa Lall Dass, Board member Daryl Houston and Board member Robert Sanders. Staff: Raphael Clemente, Executive Director, Teneka James, Associate Executive Director, Vivian Ryland, Sabrina Lolo, Catherine Ast. DDA Attorney: Max Lohman. Guests: John Merkin and Tony Theissen from rbb Communications and Steve Daniels.

CALL TO ORDER Having a quorum, the Chair called the meeting to order at 8:35 am.

PUBLIC COMMENTS AND QUESTIONS

None EXECUTIVE DIRECTOR’S REPORT Executive Director Clemente informed the board that Samantha Bratter, a downtown resident and business owner, had applied for a board position and may be selected to in replace former Board member Mary Hurley Lane. Clemente also updated the board on the The Next Big Thing RFP, noting that 21 proposals had been received, including 5 from international applicants. Vice Chairman Jacobson asked who would be ranking the proposals. Associate Director Feaman explained that the selection committee was made up of experts, downtown stakeholders, and others, and that the top three proposals will be presented to the Board for final selection. Chairman Reikenis asked if the Board could be provided with a synopsis of each proposal received at that time.

Executive Director Clemente announced that the Downtown Summit will be held on August 24th at 5:30 at Dramaworks and will include a panel discussion on homelessness.

Executive Director Clemente shared that he met with the Town of Palm Beach City Manager to discuss having the Town assist with financial support of Circuit since ridership is high to and from the Town.

ELECTION OF OFFICERS (Action Required)  Election of Chairman – Vice Chair Jacobson made a motion to that Rick Reikenis serve as the Chairman of the DDA Board for the next year. The motion was seconded by Board member Lall Dass. Motion passed unanimously.  Election of Vice Chairman ‐Board member Lall Dass made a motion that William Jacobson be elected to serve as the Vice Chairman for the next year. The motion was seconded by Board member Houston. Motion passed unanimously.



Election of Secretary – Board member Lall Dass made a motion to nominate the Executive Director to serve as the Secretary. The motion was seconded by Vice Chair Jacobson. Motion passed unanimously.

SETTING OF MILLAGE RATE (Action Required)  Set Proposed Millage Rate Attorney Lohman explained that the DDA can levy two mils. Until the CRA adopts their budget that includes funding for the DDA Work Plan, the DDA must adopt a millage rate and budget sufficient to fund the activities of the work plan. Following the CRA’s adoption of final budget, the DDA can lower its millage rate to 1 mil or less.

Board member Lall Dass made a motion to adopt a 2 mil rate for fiscal year 2023. Motion was seconded by Board member Houston. Motion passed unanimously.  Resolution No. 05‐2022; 2nd Mil Budget Resolution The resolution was read by Attorney Lohman. Board member Houston made a motion to a adopt the resolution. Motion was seconded by Board member Lall Dass. Motion passed unanimously.

SET MEETING DATES (Action Required)  FY 2022/2023 DDA Board Meeting Schedule and Public Hearing Dates Board meeting dates were presented along with First and Final budget hearing dates. A motion was made by the Vice Chair to accept the meeting schedule. Motion was seconded by Board member Lall Dass. Motion passed unanimously.

CONSENT CALENDAR (Action Required)  Minutes of Board Meeting of June 21, 2022  Financial Statements of June 30, 2022 A motion was made by Vice Chairman Jacobson to approve consent items. Motion was seconded by Board member Houston. Motion passed unanimously.

OLD BUSINESS None NEW BUSINESS (Action Required)  FY 2022/2023 Tentative Budget Executive Director Clemente presented the preliminary fiscal year 2023 budget for board review and feedback. Clemente’s presentation included a recommendtion that the final millage be set at .98 mils due a significant increase in taxable value in the DDA district.

Clemente explained that the City is planning to reduce their millage as well and that he felt if was appropriate and important for the DDA to do the same. Clemente stated that the budget presentation was for review and feedback and that no board action is required until final adoption in September. 

Digital Marketing Campaign rbb Communication gave a presentation about the digital marketing campaign. The Associate Director proposed entering an agreement for a three‐month pilot project from September through November for a total cost of $85,000. The pilot project will be evaluated for its impact and the results will be brought back to the Board for review prior to any further

work on this campaign. Vice Chairman Jacobson made a motion to enter into an agreement with rbb Communication for the digital campaign in the amount of $85,000. Board member Lall Dass seconded the motion. Motion passed unanimously.

ANNOUNCEMENTS Catherine Ast stated that Mr. William of PSC was leaving for another position. He was one of the first staff persons hired for downtown and has been a great asset.

ADJOURNMENT Board member Lall Dass made a motion to adjourn. Motion was seconded by Board member Houston. Motion passed unanimously.

MINUTES SPECIAL BOARD MEETING Downtown Development Authority Wednesday July 27,2022 8:30 AM Zoom: https://us02web.zoom.us/j/84726796262 300 Clematis Street, Suite 200 West Palm Beach, FL 33401

In attendance were Chair Reikenis, Vice Chair Jacobson, Board member Daryl Houston, Board member Varissa Lall Dass, staff Vivian Ryland and Max Lohman, DDA attorney Max Lohman.

CALL TO ORDER The meeting was called to order at 8:35 a.m. by Chairman Rick Reikenis.

PUBLIC COMMENTS AND QUESTIONS

There were no public comments.

SETTING OF MILLAGE RATE (Action Required)  Set Proposed Millage Rate – Attorney Lohman explained that the DDA can legally levy 2 mils.

Until the City and CRA adopts its budget, the DDA must make sure that there are sufficient funds to undertake the DDA workplan. Vice Chairman Bill Jacobson made a motion to set the DDA’s millage rate at 2 mils. Motion was seconded by Board member Houston. Motion passed unanimously.  Resolution No. 05‐2022; 2 Mil Budget Resolution – Attorney Lohman read the resolution.

Board member Lall Dass made a motion to approve. Motion was seconded by the Vice Chair Jacobson. Motion passed unanimously. nd

SET MEETING DATES (Action Required)  Amended FY 2022/2023 DDA Board Meeting Schedule and Public Hearing Dates ‐ Ms. Ryland explained that the final public hearing date conflicted with the County and had to be amended to September 21, 2022. Motion was made by Board member Houston, seconded by Lall Dass.

Motion passed unanimously.

ADJOURNMENT A motion to adjourn the meeting was made by Board member Lall Dass and seconded

by Board member Houston. Motion carried unanimously.

ASSETS

West Palm Beach Downtown Development Authority Balance Sheet July 31, 2022 Current Assets

PNC Bank Operating Valley National Bank - MMA PNC Investment Management Acct Petty Cash Interest Income Receivable

(88,312) 159,902 4,675,589 50 1,647

Total Current Assets Other Assets Lease Security Deposit

4,748,876

23,000

Total Other Assets

23,000

Total Assets

4,771,876

LIABILITIES AND FUND BALANCE Current Liabilities

Due to Lincoln National Vision Premium Payable Flexible Spending Withholding Suppl Med Ins. Premium Payable Payroll Liabilities

5,640 152 (436) (155) 0

Total Current Liabilities

5,201

Fund Balance Net Income

4,288,189 478,486

Total Fund Balance

4,766,675

Total Liabilities and Fund Balance

4,771,876

West Palm Beach Downtown Development Authority Statement of Revenues And Expenditures July 31, 2022 Month

Current Year Revenues - Schedule 1 Expenditures Business Development - Schedule 2 Public Realm Maintenance - Schedule 3 Marketing/Public Relations- Schedule 4 Neighborhood Services - Schedule 5 General Office - Schedule 6 Operations - Schedule 7 Professional Services - Schedule 8 Total Personnel Expense Insurance Expense Total Rent Expense Tax Collection Travel and Training Reserves Total Expenditures

Current Year Surplus (Deficit) DDA Carryforward CRA Carryforward

Total Carry Forwards Net Total Surplus (Deficit)

Year-to-Date

Trolley Gross Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

635,000

575,000

324,000

Budget

%

26,562

4,990,573

4,995,470

99.9%

3,406,573

41,806 134,381 44,099 149,596 3,983 4,165 22,255 77,078 0 12,666 3,943 142 0 494,114

190,938 1,135,253 587,006 1,355,809 72,397 24,923 139,105 776,409 31,982 168,779 15,637 13,847 0 4,512,085

988,492 1,941,872 1,562,526 2,145,000 104,000 39,050 260,800 890,000 40,000 198,000 18,000 25,285 587,067 8,800,092

19.3% 58.5% 37.6% 63.2% 69.6% 63.8% 53.3% 87.2% 80.0% 85.2% 86.9% 54.8% 0.0% 51.3%

93,122 1,135,253 0 223,442 72,397 24,923 139,105 776,409 31,982 168,779 15,637 13,847

(467,552)

478,488

(3,804,622)

1,565 233,574 235,139

60,464 1,934,105 1,994,569

276,706 3,527,916 3,804,622

(232,413)

2,473,057

0

21.9% 54.8% 52.4%

2,694,896

50,000

97,816 587,006 668,074

464,293

668,074

587,006

464,293

97,816

711,677

(618,074)

47,994

110,707

226,184

30,464 470,234 500,698

0 668,074 668,074

30,000 470,797 500,797

0 250,000 250,000

0 75,000 75,000

1,212,375

50,000

548,791

360,707

301,184

No CPA provides any assurance on these financial statements.

Supplemental Schedules July 31, 2022 SCHEDULE 1 - CURRENT YEAR REVENUES

Gross Annual

Current Year Revenues Tax Revenues TIF DDA/City Interlocal Agreement DDA/CRA Interlocal CRA Project Funding Interest Income Dividend Income Gain or (Loss) on Investments Virgin Trains USA Ticket Sales Sponsorships Fees and Services Grants and Contributions Total Reimbursements Other Miscellaneous Income Gain (Loss) on Sale of Assets Total Current Year Revenues

Month

Year-to-Date

Budget

25,938 0 0 0 0 610 14 0 0 0 0 0 0 0 0

2,485,838 (2,278,400) 0 4,738,780 0 2,508 467 (422) 0 0 0 36,291 5,011 0 500

2,460,385 (2,278,400) 0 4,813,385 0 100 0 0 0 0 0 0 0 0 0

26,562

4,990,573

4,995,470

Trolley Budget %

101.0% 100.0% 0.0% 98.5% 0.0% 2508.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 99.9%

Work Plan

Services

Marketing

Security

Incentives

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

635,000

575,000

324,000

635,000

575,000

324,000

2,485,838 (2,278,400) 0 3,154,780 0 2,508 467 (422) 0 0 0 36,291 5,011 0 500 3,406,573

No CPA provides any assurance on these financial statements.

50,000

0 50,000

West Palm Beach Downtown Development Authority Supplemental Schedules July 31, 2022 Gross Month

Year-to-Date

SCHEDULE 2 - BUSINESS DEVELOPMENT Total Property and Buss Incentives 37,376 Facade Improvements 4,430 Leasing/Brokers Meeting 0 Total Business Training and Support 0 Business Partnerships 0 Grand Open/New Business 0

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

97,816 23,530 5,000 28,057 32,266 4,269

399,000 206,515 40,500 198,437 105,000 39,040

24.5% 11.4% 12.3% 14.1% 30.7% 10.9%

23,530 5,000 28,057 32,266 4,269

41,806

190,938

988,492

19.3%

93,122

SCHEDULE 3 - PUBLIC REALM MAINTENANCE 74,010 Clean Team 30,060 Graffitti Maintenance 1,000 Landscape Maintenance 29,311 Holiday Lights 0 Signage & Pedestrial Wayfinding 0 Capital Projects/Alleys 0

409,601 259,016 10,175 278,648 165,803 0 12,010

500,000 415,000 25,000 607,087 265,000 109,785 20,000

81.9% 62.4% 40.7% 45.9% 62.6% 0.0% 60.1%

409,601 259,016 10,175 278,648 165,803 0 12,010

1,135,253

1,941,872

58.5%

1,135,253

Total Business Development

Pressure Washing/Street Clean

Total Physical Environment

134,381

97,816

No CPA provides any assurance on these financial statements.

0

0

0

97,816

0

0

0

0

West Palm Beach Downtown Development Authority Supplemental Schedules July 31, 2022 Gross Month

SCHEDULE 4 - MARKETING/PR Collateral Materials

Year-to-Date

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

250 1,172 0 2,900 12,810 14,742 12,225

40,648 84,688 3,328 41,664 190,469 94,804 127,405

173,873 226,240 65,000 179,522 542,891 175,000 200,000

23.4% 37.4% 5.1% 23.2% 35.1% 54.2% 63.7%

44,099

587,006

1,562,526

37.6%

0

0 62,860 54,748 23,601 8,387 0

150,500 668,074 464,293 40,436 21,835 10,671

150,000 905,000 825,000 140,000 75,000 50,000

100.3% 73.8% 56.3% 28.9% 29.1% 21.3%

150,500

149,596

1,355,809

2,145,000

63.2%

223,442

PR/Marketing

Retail Promotion Value Added Events Advertising and Promotion Marketing Programs

Community & Cultural Promotion Total Marketing/PR

40,648 84,688 3,328 41,664 190,469 94,804 127,405 0

587,006

0

0

SCHEDULE 5 -NEIGHBORHOOD SERVICES Homeless Outreach

Transportation Security and Policing Public Space Programs Community Engagement Residential Programming

Total Res. Services/Quality of Life

668,074 464,293 40,436 21,835 10,671

No CPA provides any assurance on these financial statements.

668,074

0

464,293

0

West Palm Beach Downtown Development Authority Supplemental Schedules July 31, 2022 Gross Month

SCHEDULE 6 - GENERAL OFFICE General Office Expense

Year-to-Date

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Equipment, Computers, Programs

1,232 137 2,614

17,699 793 53,905

35,000 12,000 57,000

50.6% 6.6% 94.6%

17,699 793 53,905

Total General Office

3,983

72,397

104,000

69.6%

72,397

Telephone Expense

3,598 37 78 52 400

14,731 2,017 2,207 84 5,884

9,000 10,250 5,500 300 14,000

163.7% 19.7% 40.1% 28.0% 42.0%

14,731 2,017 2,207 84 5,884

Total Operations

4,165

24,923

39,050

63.8%

24,923

General Postage

SCHEDULE 7 - OPERATIONS Dues Hospitality Board Meeting Publications

No CPA provides any assurance on these financial statements.

0

0

0

0

0

0

0

0

West Palm Beach Downtown Development Authority Supplemental Schedules July 31, 2022 Gross Month

Year-to-Date

SCHEDULE 8 - PROFESSIONAL SERVICES Accounting 2,000 Professional Service 5,450 Audit 0 Studies and Surveys 13,500 Legal 1,305 Total Professional Services

22,255

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

18,100 18,586 25,000 67,972 9,447

24,000 95,000 27,500 82,300 32,000

75.4% 19.6% 90.9% 82.6% 29.5%

18,100 18,586 25,000 67,972 9,447

139,105

260,800

53.3%

139,105

Some rounding error may occur.

No CPA provides any assurance on these financial statements.

0

0

0

0

MEMO TO:

DDA Board Rick Reikenis, Chairman Bill Jacobson, Vice Chairman Bob Sanders Cynthia Nalley Varisa Lall Dass Daryl Houston

FROM: Catherine Ast, District Services Manager RE:

PSC Security Contract Renewal

DATE: August 16, 2022

The DDA has had a contract with PSC for security services since 2013. The City of West Palm Beach also has a contract with PSC for security services. The City’s contract will expire in one year. The DDA’s current contract allows for a three‐year renewal, however staff recommends that the DDA renew this contract for one year, so that the expiration date coincides with the City’s contract expiration date, thus providing the DDA with the option of including the Downtown District security program as part of a citywide security RFP. The attached agreement is for a one year renewal with a two year option to extend the agreement.

Staff will give brief presentation and answer any questions at the Board meeting.

THIRD ADDENDUM TO THE AGREEMENT BETWEEN THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AND PROFESSIONAL SECURITY CONCEPTS, INC. THIS THIRD ADDENDUM to the AGREEMENT between the WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY (“DDA”), a special district created under the laws of the state of Florida, with offices located at 300 Clematis Street, Suite 200, West Palm Beach, FL 33401, and PROFESSIONAL SECURITY CONCEPTS, INC., a California for-profit corporation registered to do business in the state of Florida, located at 11454 San Vicente Boulevard, Los Angeles, CA 90049 and having local offices located at 2429 N Dixie Highway, West Palm Beach, FL 33407 (“PSC”) is made and entered into as of the ______ day of August, 2022.

WHEREAS, DDA and PSC entered into a Downtown Security AGREEMENT on November 30, 2013 (“AGREEMENT”); and WHEREAS, Section 1. Term of Agreement provides for the automatic renewal for two (2) additional three (3) year terms unless either Party notifies the other of its intent to forego such renewal; and WHEREAS, section 8. Binding Effect; Entire Agreement provides that the AGREEMENT may only be amended in writing signed by both parties; and WHEREAS, section 3 d) of the AGREEMENT shall be amended to include a projected maximum cost of $825,000.00; NOW THEREFORE, in consideration of the mutual covenants contained herein and, in the AGREEMENT, and other good and valuable consideration, the receipt of which is hereby acknowledged by both parties, the parties hereby agree as follows.

1.

Pursuant to the terms and conditions set forth at Section 1 and Section 8 of the

Page 1 of 2

AGREEMENT, the DDA and PSC do hereby agree to renew the term of the AGREEMENT for one (1) year, through September 30, 2023, at which time the AGREEMENT will automatically extend for one (1) additional two (2) year term, subject to the notice and cancellation provisions set forth in the AGREEMENT. 2.

Section 3 d) of the AGREEMENT is hereby amended such that the projected and

budgeted cost for the services to be provided by PSC shall be 825,000.00. However, the contract amount may be increased or decreased from time to time as agreed to by the Parties so long as the DDA has sufficient revenue available to fund any such increase.

IN WITNESS WHEREOF, the parties have hereto executed this THIRD ADDENDUM to the AGREEMENT the day and year first written above.

WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY

PROFESSIONAL SECURITY CONCEPTS, INC.

________________________________ Rick Reikenis., Chairman

_________________________________________ Shaul Mouda, Senior Vice-President

ATTEST: _________________________________ Raphael Clemente, Executive Director Approved as to Form and Legal Sufficiency: ____________________________________ R. Max Lohman, Esq., General Counsel

Page 2 of 2

MEMO TO:

DDA Board Rick Reikenis, Chairman Bill Jacobson, Vice Chairman Bob Sanders Cynthia Nalley Varisa Lall Dass Daryl Houston

FROM: Catherine Ast, District Services Manager RE:

Green Earth Pressure Washing Contract Renewal

DATE: August 16, 2022

In 2020, the DDA issued an RFP for Pressure Washing and Green Earth was selected by the review committee. The contract was approved by the board for a two year term, from 9/1/2020 through 8/31/2022, with renewal options.

The current schedule costs $18,480 per cleaning, which occurs approximately every two weeks. Each cleaning Includes Clematis Street from the 100 to the 500 blocks; as well as Narcissus Street, Olive Avenue and Dixie Highway between Banyan Blvd and Datura Street, the 100 block Datura Steet, Sloan’s Alley, and Banyan Blvd from Flagler Drive to Olive Avenue.

Staff requests board approval to renew this contract with some changes, as follows:  Service Schedule from roughly every 3 weeks to weekly with areas and schedule noted in the attached Exhibit 1  A provision to allow for reimbursement per the DDA’s agreement for services with the City.  Adjust the not to exceed amount from XXXX to $610,000.

The additional cost for the increased level of service will be $11,500 per week, for a total cost of XXXX per week.

Staff will give a short presentation at the Board meeting.

EXHIBIT 1 - SERVICE AREA AND MAP

Yellow area: Cleaned weekly Purple area: Annually

Green area: Ongoing * Blue area: Bi-weekly cleaning Red area: As needed basis (hot zone)

•

Ongoing cleaning is based on the following: DDA will have a pressure washing crew downtown 4 days per week.

•

The Yellow area will be cleaned first, followed by the Green area.

•

In the Green area, each week new streets will be done.

Example is, after the weekly cleaning, we will clean from 2nd street to 5th street this week.

Next week we will clean Yellow and Blue, then 7th and 8th street.

The following week after Yellow, we will do Olive and Dixie north of Banyan.

This will continue until all Green areas are complete. At that time, we will start over with the Green area.

SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AND GREEN EARTH POWER WASHING, LLC THIS SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AND GREEN EARTH POWER WASHING, LLC is made and entered into as of the 16th day of AUGUST, 2022 by and between the WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY, a special district created under the laws of the state of Florida, with offices located at 300 Clematis Street, Suite 200, West Palm Beach, FL 33401, hereinafter the “DDA”, and Green Earth Power washing, LLC, a Florida Limited Liability Corporation (“Contractor”), whose address is 4455 Saturn Drive, West Palm Beach, Florida 33406.

WHEREAS, the DDA and Contractor entered into a Pressure Washing Services AGREEMENT on August 18, 2020, hereinafter “AGREEMENT”; and WHEREAS, ARTICLE 5 of the AGREEMENT provides that the term of the AGREEMENT shall be from September 1, 2020 through August 31, 2022; and WHEREAS, ARTICLE 1 of the AGREEMENT provides that no modification of the AGREEMENT shall be effective unless the same is in writing executed by the parties; and WHEREAS, the DDA and Contractor amended the compensation by executing the First Addendum to the AGREEMENT on August 17, 2021; and WHEREAS, the parties now desire to amend ARTICLE 2 description of goods or scope of services, and ARTICLE 3 compensation; and ARTICLE 5 contract terms of the AGREEMENT as more particularly set forth herein.

NOW THEREFORE, in consideration of the mutual covenants contained herein and in the original AGREEMENT, and other good and valuable consideration, the receipt of which is hereby acknowledged by both parties, the parties agree as follows: 1.

ARTICLE 2. Description of goods or scope of services. The original Scope of Work,

previously set forth in Exhibit B will be superseded and replaced by the new Scope of Work set forth in Exhibit 1, which is attached hereto and incorporated herein. Additionally, the original Service Area List and Map, previously set forth in Exhibit C will be superseded and replaced by the new Service Area List and Map set forth in Exhibit 2, which is attached hereto and incorporated herein.

2. ARTICLE 3. Compensation. Contractor shall perform all work required in accordance with this AGREEMENT, except as may be amended by the parties, for an amount not to exceed Six Hundred Ten Thousand ($610,000.00) per Fiscal Year (October 1 through September 30 the following calendar year).

Page 1 of 2

All other items that are not included in the routine maintenance and care of the Pressure Washing Services will be billed separately based on the Fee Information Sheet that was included with the Contractor’s Response to the RFP and attached to the Original Agreement as EXHIBIT C. The DDA shall pay contractor within 20 days of receipt of Contractor’s invoice for Pressure Washing Services.

3.

ARTICLE 5. Contract Term The DDA and Contractor agree to execute the renewal option of One (1) additional Two

(2) year term, September 1, 2022, the Effective Date, through August 31, 2024.

4.

All other terms, conditions, and provisions of the AGREEMENT shall remain in full force

and effect except as amended herein.

IN WITNESS WHEREOF, the parties have executed this SECOND AMENDMENT as of the date hereinabove first written.

WEST PALM BEACH DOWNTOWN

CONTRACTOR

DEVELOPMENT AUTHORITY

GREEN EARTH POWER WASHING, LLC.

By:

By: Richard V. Reikenis, Chairman

Kenneth G. Bolsch, President

APPROVED AS TO FORM AND LEGAL SUFFICIENCY Corporate Seal By: R. Max Lohman, Esq., General Counsel Page 2 of 2

MEMO TO:

DDA Board Rick Reikenis, Chairman Bill Jacobson, Vice Chairman Bob Sanders Cynthia Nalley Varisa Lall Dass Daryl Houston

FROM: Raphael Clemente, Executive Director RE:

Noise and disruptive activities in Downtown

DATE: August 16, 2022

In recent months there has been an escalation of activities that are disruptive to business activity, detrimental to residential quality of life, and damaging to the reputation of Downtown West Palm Beach.

Notably, there has been one or more individuals using a bullhorn to amplify their speech as they accost and harass business patrons and passersby on Clematis Street and surrounding areas. City Administration is responding to this problem, however, to allow police address this threat to business and enjoyment of public spaces, an amendment to the code of ordinances is required. This amendment will come before the City Commission for approval in the near future.

Staff would like to prepare a letter on behalf of the board expressing the DDA’s supporting for the City’s steps to address this challenge by barring the use of amplification equipment and other steps necessary to protect the public and businesses from harassment of this type.