August 16 Board Meeting Packet

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300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833.8873|Fax: 561.833.5870| www.downtownwpb.com 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 Raphael Clemente PRESENTATIONS Sherryl Muriente  RFP 2022 001 “The Next Big Thing” Progress Report CONSENT CALENDAR (Action Required) Rick Reikenis  Minutes of Regular Board meeting July 19, 2022  Minutes of Special Board meeting July 27, 2022  Financial Statements for July 2022 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 Raphael Clemente  PSC Contract Renewal Catherine Ast  Green Earth Pressure Washing Contract Renewal Catherine Ast  Noise and disruptive activities Raphael Clemente ANNOUNCEMENTS  August 22nd event for Robert Sanders, Esq.  August 24th Downtown Summit at Dramaworks ADJOURNMENT Rick Reikenis

DATE: August 16, 2022

RE: RFP 2022 001 “The Next Big Thing” Progress Report

 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.

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

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.

We received twenty (20) qualified proposals from:  Marco Casagrande  Miroslaw Struzik  Anthony Burks Sr.

FROM: Sherryl Muriente, Public Realm Director

 Provide organizational overview with background information on individual or team demonstrating they can do the project.

 Phillipe d’Anjou, Professor at the School of Architecture at Florida Atlantic University

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.

 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 4 Strategy and Program Development

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.

 Outline estimated timeline for the project from concept to completion. Describe how project will tolerate outdoor elements and provide a suitable maintenance plan.

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.

ELECTION OF OFFICERS (Action Required)

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 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.

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

PUBLIC COMMENTS AND QUESTIONS

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.

None EXECUTIVE DIRECTOR’S REPORT

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

CALL TO ORDER

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 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.

 Financial Statements of June 30, 2022

 Minutes of Board Meeting of June 21, 2022

SET MEETING DATES (Action Required)  FY 2022/2023 DDA Board Meeting Schedule and Public Hearing Dates

A motion was made by Vice Chairman Jacobson to approve consent items. Motion was seconded by Board member Houston. Motion passed unanimously.

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.

 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.

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.

 Resolution No. 05 2022; 2nd Mil Budget Resolution

 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

CONSENT CALENDAR (Action Required)

OLD BUSINESS None NEW BUSINESS (Action Required)

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.

 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.

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. 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.

ANNOUNCEMENTS

‐ 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.

The meeting was called to order at 8:35 a.m. by Chairman Rick Reikenis. AND QUESTIONS

PUBLIC COMMENTS

CALL

SET

ADJOURNMENT

 Resolution No. 05 2022; 2nd 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. MEETING DATES (Action Required)

A motion to adjourn the meeting was made by Board member Lall Dass and seconded by Board member Houston. Motion carried unanimously.

 Amended FY 2022/2023 DDA Board Meeting Schedule and Public Hearing Dates

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. TO ORDER

300 Clematis Street, Suite 200 West Palm Beach, FL 33401

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.

MINUTES SPECIAL BOARD MEETING Downtown Development Authority Wednesday July 27,2022 8:30 AM Zoom: https://us02web.zoom.us/j/84726796262

ASSETS Current Assets PNC Bank Operating (88,312) Valley National Bank - MMA 159,902 PNC Investment Management Acct 4,675,589 Petty Cash 50 Interest Income Receivable 1,647 Total Current Assets 4,748,876 Other Assets Lease Security Deposit 23,000 Total Other Assets 23,000 Total Assets 4,771,876 LIABILITIES AND FUND BALANCE Current Liabilities Due to Lincoln National 5,640 Vision Premium Payable 152 Flexible Spending Withholding (436) Suppl Med Ins. Premium Payable (155) Payroll Liabilities 0 Total Current Liabilities 5,201 Fund Balance 4,288,189 Net Income 478,486 Total Fund Balance 4,766,675 Total Liabilities and Fund Balance 4,771,876 July 31, 2022 West Palm Beach Downtown Development Authority Balance Sheet

Trolley Gross Annual Budget Work Plan Services Marketing Security Incentives Month Year-to-Date Budget % Y-T-D Y-T-D Y-T-D Y-T-D Y-T-D Current Year Revenues - Schedule 1 26,562 4,990,573 4,995,470 99.9% 3,406,573 50,000 635,000 575,000 324,000 Expenditures Business Development - Schedule 2 41,806 190,938 988,492 19.3% 93,122 97,816 Public Realm Maintenance - Schedule 3 134,381 1,135,253 1,941,872 58.5% 1,135,253 Marketing/Public Relations- Schedule 4 44,099 587,006 1,562,526 37.6% 0 587,006 Neighborhood Services - Schedule 5 149,596 1,355,809 2,145,000 63.2% 223,442 668,074 464,293 General Office - Schedule 6 3,983 72,397 104,000 69.6% 72,397 Operations - Schedule 7 4,165 24,923 39,050 63.8% 24,923 Professional Services - Schedule 8 22,255 139,105 260,800 53.3% 139,105 Total Personnel Expense 77,078 776,409 890,000 87.2% 776,409 Insurance Expense 0 31,982 40,000 80.0% 31,982 Total Rent Expense 12,666 168,779 198,000 85.2% 168,779 Tax Collection 3,943 15,637 18,000 86.9% 15,637 Travel and Training 142 13,847 25,285 54.8% 13,847 Reserves 0 0 587,067 0.0% Total Expenditures 494,114 4,512,085 8,800,092 51.3% 2,694,896 668,074 587,006 464,293 97,816 Current Year Surplus (Deficit) (467,552) 478,488 (3,804,622) 711,677 (618,074) 47,994 110,707 226,184 DDA Carryforward 1,565 60,464 276,706 21.9% 30,464 0 30,000 0 0 CRA Carryforward 233,574 1,934,105 3,527,916 54.8% 470,234 668,074 470,797 250,000 75,000 Total Carry Forwards 235,139 1,994,569 3,804,622 52.4% 500,698 668,074 500,797 250,000 75,000 Net Total Surplus (Deficit) (232,413) 2,473,057 0 1,212,375 50,000 548,791 360,707 301,184 West Palm Beach Downtown Development Authority Statement of Revenues And Expenditures July 31, 2022 No CPA provides any assurance on these financial statements.

Supplemental Schedules July 31, 2022 SCHEDULE 1 - CURRENT YEAR REVENUES Gross Trolley Annual Budget Work Plan Services Marketing Security Incentives Current Year Revenues Month Year-to-Date Budget % Y-T-D Y-T-D Y-T-D Y-T-D Y-T-D Tax Revenues 25,938 2,485,838 2,460,385 101.0% 2,485,838 TIF 0 (2,278,400) (2,278,400) 100.0% (2,278,400) DDA/City Interlocal Agreement 0 0 0 0.0% 0 DDA/CRA Interlocal 0 4,738,780 4,813,385 98.5% 3,154,780 50,000 635,000 575,000 324,000 CRA Project Funding 0 0 0 0.0% 0 Interest Income 610 2,508 100 2508.0% 2,508 Dividend Income 14 467 0 0.0% 467 Gain or (Loss) on Investments 0 (422) 0 0.0% (422) Virgin Trains USA Ticket Sales 0 0 0 0.0% 0 Sponsorships 0 0 0 0.0% 0 Fees and Services 0 0 0 0.0% 0 Grants and Contributions 0 36,291 0 0.0% 36,291 Total Reimbursements 0 5,011 0 0.0% 5,011 Other Miscellaneous Income 0 0 0 0.0% 0 Gain (Loss) on Sale of Assets 0 500 0 0.0% 500 0 Total Current Year Revenues 26,562 4,990,573 4,995,470 99.9% 3,406,573 50,000 635,000 575,000 324,000 No CPA provides any assurance on these financial statements.

West Palm Beach Downtown Development Authority Supplemental Schedules July 31, 2022 Gross Trolley Annual Budget Work Plan Services Marketing Security Incentives Month Year-to-Date Budget % Y-T-D Y-T-D Y-T-D Y-T-D Y-T-D SCHEDULE 2 - BUSINESS DEVELOPMENT Total Property and Buss Incentives 37,376 97,816 399,000 24.5% 97,816 Facade Improvements 4,430 23,530 206,515 11.4% 23,530 Leasing/Brokers Meeting 0 5,000 40,500 12.3% 5,000 Total Business Training and Support 0 28,057 198,437 14.1% 28,057 Business Partnerships 0 32,266 105,000 30.7% 32,266 Grand Open/New Business 0 4,269 39,040 10.9% 4,269 Total Business Development 41,806 190,938 988,492 19.3% 93,122 0 0 0 97,816 SCHEDULE 3 - PUBLIC REALM MAINTENANCE Pressure Washing/Street Clean 74,010 409,601 500,000 81.9% 409,601 Clean Team 30,060 259,016 415,000 62.4% 259,016 Graffitti Maintenance 1,000 10,175 25,000 40.7% 10,175 Landscape Maintenance 29,311 278,648 607,087 45.9% 278,648 Holiday Lights 0 165,803 265,000 62.6% 165,803 Signage & Pedestrial Wayfinding 0 0 109,785 0.0% 0 Capital Projects/Alleys 0 12,010 20,000 60.1% 12,010 Total Physical Environment 134,381 1,135,253 1,941,872 58.5% 1,135,253 0 0 0 0 No CPA provides any assurance on these financial statements.

West Palm Beach Downtown Development Authority Supplemental Schedules July 31, 2022 Gross Trolley Annual Budget Work Plan Services Marketing Security Incentives Month Year-to-Date Budget % Y-T-D Y-T-D Y-T-D Y-T-D Y-T-D SCHEDULE 4 - MARKETING/PR Collateral Materials 250 40,648 173,873 23.4% 40,648 PR/Marketing 1,172 84,688 226,240 37.4% 84,688 Retail Promotion 0 3,328 65,000 5.1% 3,328 Value Added Events 2,900 41,664 179,522 23.2% 41,664 Advertising and Promotion 12,810 190,469 542,891 35.1% 190,469 Marketing Programs 14,742 94,804 175,000 54.2% 94,804 Community & Cultural Promotion 12,225 127,405 200,000 63.7% 127,405 Total Marketing/PR 44,099 587,006 1,562,526 37.6% 0 0 587,006 0 0 SCHEDULE 5 -NEIGHBORHOOD SERVICES Homeless Outreach 0 150,500 150,000 100.3% 150,500 Transportation 62,860 668,074 905,000 73.8% 668,074 Security and Policing 54,748 464,293 825,000 56.3% 464,293 Public Space Programs 23,601 40,436 140,000 28.9% 40,436 Community Engagement 8,387 21,835 75,000 29.1% 21,835 Residential Programming 0 10,671 50,000 21.3% 10,671 Total Res. Services/Quality of Life 149,596 1,355,809 2,145,000 63.2% 223,442 668,074 0 464,293 0 No CPA provides any assurance on these financial statements.

West Palm Beach Downtown Development Authority Supplemental Schedules July 31, 2022 Gross Trolley Annual Budget Work Plan Services Marketing Security Incentives Month Year-to-Date Budget % Y-T-D Y-T-D Y-T-D Y-T-D Y-T-D SCHEDULE 6 - GENERAL OFFICE General Office Expense 1,232 17,699 35,000 50.6% 17,699 General Postage 137 793 12,000 6.6% 793 Equipment, Computers, Programs 2,614 53,905 57,000 94.6% 53,905 Total General Office 3,983 72,397 104,000 69.6% 72,397 0 0 0 0 SCHEDULE 7 - OPERATIONS Dues 3,598 14,731 9,000 163.7% 14,731 Hospitality 37 2,017 10,250 19.7% 2,017 Board Meeting 78 2,207 5,500 40.1% 2,207 Publications 52 84 300 28.0% 84 Telephone Expense 400 5,884 14,000 42.0% 5,884 Total Operations 4,165 24,923 39,050 63.8% 24,923 0 0 0 0 No CPA provides any assurance on these financial statements.

West Palm Beach Downtown Development Authority Supplemental Schedules July 31, 2022 Gross Trolley Annual Budget Work Plan Services Marketing Security Incentives Month Year-to-Date Budget % Y-T-D Y-T-D Y-T-D Y-T-D Y-T-D SCHEDULE 8 - PROFESSIONAL SERVICES Accounting 2,000 18,100 24,000 75.4% 18,100 Professional Service 5,450 18,586 95,000 19.6% 18,586 Audit 0 25,000 27,500 90.9% 25,000 Studies and Surveys 13,500 67,972 82,300 82.6% 67,972 Legal 1,305 9,447 32,000 29.5% 9,447 Total Professional Services 22,255 139,105 260,800 53.3% 139,105 0 0 0 0 Some rounding error may occur. No CPA provides any assurance on these financial statements.

FROM: Catherine Ast, District Services Manager

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.

Cynthia Nalley Varisa Lall Dass Daryl Houston

MEMO TO: DDA Board Rick Reikenis, Chairman Bill Jacobson, Vice Chairman Bob Sanders

RE: PSC Security Contract Renewal

DATE: August 16, 2022

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.

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

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;WHEREAS,and

BEACH DOWNTOWN PROFESSIONAL SECURITY CONCEPTS,

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.

DEVELOPMENT ________________________________AUTHORITY _________________________________________

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Rick Reikenis., Chairman Shaul Mouda, Senior Vice-President

R.____________________________________ApprovedRaphael_________________________________ATTEST:Clemente,ExecutiveDirectorastoFormandLegalSufficiency:MaxLohman,Esq.,GeneralCounsel

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

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.

WEST

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.

FROM: Catherine Ast, District Services Manager

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.

Cynthia Nalley Varisa Lall Dass Daryl Houston

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.

MEMO TO: DDA Board Rick Reikenis, Chairman Bill Jacobson, Vice Chairman Bob Sanders

RE: Green Earth Pressure Washing Contract Renewal

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.

Yellow area: Cleaned weekly Green area: Ongoing * Blue area: Bi weekly cleaning

• 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.

• 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.

EXHIBIT AREA AND MAP

Purple area: Annually Red area: As needed basis (hot zone)

1 - SERVICE

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).

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:

DOWNTOWN DEVELOPMENT AUTHORITY AND GREEN EARTH POWER WASHING, LLC

Page 1 of 2

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.

SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE WEST PALM BEACH

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.

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.

C.

The DDA shall pay contractor within 20 days of receipt of Contractor’s invoice for Pressure Washing Services. 5. Contract Term

By: By: Richard V. Reikenis, Chairman Kenneth G. Bolsch, President AS TO FORM AND LEGAL SUFFICIENCY Corporate Seal By: R. Max Lohman, Esq., General Counsel

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

4.

BEACH

WEST

APPROVED

IN WITNESS

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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. All other terms, conditions, and provisions of the AGREEMENT shall remain in full force and effect except as amended herein. WHEREOF, the parties have executed this SECOND AMENDMENT as of the date hereinabove first written. PALM DOWNTOWN CONTRACTOR GREEN EARTH POWER WASHING, LLC.

DEVELOPMENT AUTHORITY

3. ARTICLE

MEMO TO: DDA Board Rick Reikenis, Chairman Bill Jacobson, Vice Chairman Bob Sanders

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.

Cynthia Nalley Varisa Lall Dass Daryl Houston

FROM: Raphael Clemente, Executive Director

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August 16 Board Meeting Packet by WestPalmDDA - Issuu