DDA Board Meeting Packet (December 19, 2023)

REGULAR BOARD MEETING AGENDA

Downtown Development Authority Tuesday, December 19, 2023 8:30 AM 107 S. Olive Avenue, Suite 200 West Palm Beach, FL 33401 https://downtownwpb.com/DDA Dial: +1 301 715 8592 Webinar ID: 845 4120 8293 CALL TO ORDER

Rick Reikenis

PUBLIC COMMENTS AND QUESTIONS EXECUTIVE DIRECTOR’S REPORT

Raphael Clemente

PRESENTATIONS Marketing Update

Tiffany Faublas

CONSENT CALENDAR (Action Required)

Rick Reikenis

•

• •

Minutes of Regular Board Meeting November 14, 2023 Financial Statements of November 30, 2023

OLD BUSINESS NEW BUSINESS (Action Required) • • •

Incentive Grant Executive Director Annual Review ILA Clematis Street Trash Cans

ANNOUNCEMENTS ADJOURNMENT

107 S. Olive Avenue, Suite 200, West Palm Beach, FL 33401 Phone: 561.833-8873|Fax: 561.833.5870| www.downtownwpb.com

Teneka James-Feaman Rick Reikenis Catherine Ast

REGULAR BOARD MEETING MINUTES Downtown Development Authority Tuesday, November 14, 2023 8:30 AM 107 S. Olive Ave., Suite 200 West Palm Beach, FL 33401 https://downtownwpb.com/DDA Dial: +1 301 715 8592 Webinar ID: 817 1983 5111 ATTENDANCE DDA Board members in attendance: Chairman Rick Reikenis, Vice Chairman William Jacobson, Samantha Bratter, Tim Harris, Daryl Houston, and Varisa Lall Dass. DDA Staff in attendance: Raphael Clemente, Teneka JamesFeaman, Vivian Ryland, Catherine Ast, Krystal Campi, Tiffany Faublas, Samantha Moore, Sherryl Muriente and Attorney Max Lohman. Guests in attendance: Jordan Rathlev, Hale Johnson, Anna Baerman, Harvey Oyer, and Paul Schwartz.

CALL TO ORDER Chairman Reikenis called the meeting to order at 8:37 a.m.

PUBLIC COMMENTS None.

EXECUTIVE DIRECTOR’S REPORT Clemente recognized Teneka James-Feaman for her 16-year anniversary with the DDA. He thanked her for her determination, hard work, and dedication to the organization.

Clemente stated that the changes to ambassador program and policing are working well, and we are hearing positive feedback from the community. Staff will provide an update at January Board meeting with 3-month recap.

He added that Circuit had over 20,000 riders last month. Wait times are back down to a reasonable level and fee’s for rides originating or arriving on Palm Beach Island have been implemented starting this week. Rides in the downtown core are still free. The Parklet Program was approved at City Commission last night.

PRESENTATIONS Lt. Rideau Recognition DDA Board and Staff recognized Lt. Rideau for his dedicated service to the West Palm Beach Police Entertainment District Unit and the Downtown West Palm Beach Community.

Related Office Project Jordan Rathlev, Related representative, presented a status update to the DDA Board of current and upcoming development projects; and new restaurants and retail stores coming soon. He shared Related’s new Master Plan site map and two projects specifically the East and West Towers. Rathlev presented renderings of the proposed towers 107 S. Olive Avenue, Suite 200, West Palm Beach, FL 33401 Ph: 561.833.8873 Fax: 561.833.5870 * DowntownWPB.com

and requested approval from the Board for the Executive Director to attend upcoming city meetings in support of the projects.

Harris made a motion to allow the Executive Director to attend City Meetings as DDA Representative in support of The East and West Towers. Jacobson seconded the motion. The motion passed unanimously.

IKE IKE representative, Senior Director of Development Anna Baerman, presented an overview of how IKE started and where they are today. IKE stands for Interactive Kiosk Experience; they have a vertically integrated team that handles all aspects of the program and propriety software. The kiosk are live in 17 cities across the nation and are launching in four new cities next year. The kiosks have two modes; passive mode which is a loop of city, community, art, and commercial messaging and engaged mode which is the interactive dashboard that pedestrians can use to find a restaurant, retailer, transportation, event lists, etc. Baerman explained that IKE’s proposal is to contract directly with the City for approximately 20 kiosks at mutually agreed-upon locations. IKE handles manufacturing, installation, operations, and maintenance for all kiosks at no costs to the City. They would provide 20% of net revenue in year one and two and 40% of net revenue in years 3 – 20. IKE asked for the DDA’s support and to allow Clemente to collaborate with IKE team, City, and CRA staff, throughout the process.

Jacobson made a motion to allow Executive Director to meet with City Staff in support of implementation of IKE in the city. Bratter seconded the motion. The motion passed unanimously.

Mini Placemaking Grant Muriente presented the results of the first round of mini placemaking grants. The ask was to create a one-minute video pitch and complete the placemaking questionnaire explaining how the submitters project would build connections by, for, and with our downtown community. The maximum award amount is $5,000 per project. She shared the evaluation criteria and explained that 29 applications were received which has been narrowed down to the top 9 proposals. Muriente added that the finalists will be brought back to the board in December or January with agreements for the top projects selected.

CONSENT CALENDAR Minutes of Regular Board Meeting October 17, 2023 Financial Statement of October 31, 2023 Harris made a motion to approve the consent calendar. Lall Dass seconded the motion. The motion passed unanimously.

OLD BUSINESS Clean Team Contract Amendment Ast explained the DDA has a contract with Image Janitorial for services within the Downtown District. In reviewing the needs of the Downtown, we have found the cleanliness of Clematis is impacted by the emptying of trash cans along the sidewalk. Providing this service will help us maintain the cleanliness of the street and increase the longevity of the trash cans. To better care for and maintain the street and equipment, staff is requesting approval of an amendment to the services and asking for approval to add the following to the Image contract: • Emptying Clematis Street trash cans from the 100 block through the 800 block.

• Service is for seven (7) days a week.

• Cost of service is $135,000 per year or $4.87 per can per day.

Harris made a motion to approve the Clean Team Contract Amendment. Jacobson seconded the motion. The motion passed unanimously.

107 S. Olive Avenue, Suite 200, West Palm Beach, FL 33401 Ph: 561.833.8873 Fax: 561.833.5870 * DowntownWPB.com

NEW BUSINESS Work Plan Development Clemente reviewed with the board that we collected great information from the Downtown Summit held in October.

Staff is now working with Radius surveying smaller focus groups and collecting feedback. Once results are received we would like to hold a staff and board planning session to break down and use as the foundation of our new work plan. Most likely at the March board meeting. Clemente added that his goal is to have a new five-year work plan and an interlocal draft to city commission by June or July 2024.

Interlocal Agreement Amendments The DDA’s working and fiscal relationship with the City of West Palm Beach and the Community Redevelopment Agency is defined and governed by a tri-party agreement that is amended from time to time. The attached draft of the amended 2019-2024 Interlocal Agreement includes changes that reflect the status of programs and projects the DDA is responsible for or participating in. All changes to the interlocal agreement and the projects, programs, and funding obligations defined therein have been agreed to by the board in prior meetings. Staff recommendation is approval of the proposed changes to the 2019-2024 Interlocal Agreement.

These changes include: 1. Amendments to eliminate references to the trolley and specify details of the new fixed route shuttle program.

2. Changes to landscape maintenance, tree trimming, litter removal, and pressure cleaning programs.

3. Changes to how funding is allocated for homeless services and outreach.

Jacobson made a motion to approve the Interlocal Agreement Amendments. Harris seconded the motion.

The motion passed unanimously.

ANNOUNCEMENTS Sandi Tree lighting will be held on Thursday November 30 at Clematis by Night.

ADJOURNMENT Jacobson made a motion to adjourn the meeting. Lall Dass seconded the motion. The motion passed unanimously.

Meeting adjourned at 10:13 am.

107 S. Olive Avenue, Suite 200, West Palm Beach, FL 33401 Ph: 561.833.8873 Fax: 561.833.5870 * DowntownWPB.com

ASSETS

West Palm Beach Downtown Development Authority Balance Sheet November 30, 2023 Current Assets

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

607,931 162,540 2,287,433 50 10,451

Total Current Assets Other Assets Lease Security Deposit

3,068,405

23,000

Total Other Assets

23,000

Total Assets

3,091,405

LIABILITIES AND FUND BALANCE Current Liabilities

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

7,514 17 1,407 250

Total Current Liabilities

9,188

Fund Balance Net Income

3,372,193 (289,976)

Total Fund Balance

3,082,217

Total Liabilities and Fund Balance

3,091,405

No CPA provides any assurance on these financial statements.

West Palm Beach Downtown Development Authority Statement of Revenues And Expenditures November 30, 2023 Month

Year-to-Date

Trolley Gross Annual

Budget

Work Plan

Services

Budget

%

Y-T-D

Y-T-D

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 Rent Expense Tax Collection Travel and Training Reserves Total Expenditures

669,221

682,185

7,259,710

9.4%

682,185

3,251 111,615 93,275 119,244 7,622 1,409 4,684 93,711 0 13,134 (1,645) 4,487 0 450,787

49,990 299,321 169,581 160,894 9,599 3,464 4,774 177,564 51,209 38,164 3,117 4,487 0 972,164

440,000 2,450,248 1,430,902 2,482,729 84,350 30,242 464,582 1,100,000 51,209 208,500 20,000 18,000 790,146 9,570,908

11.4% 12.2% 11.9% 6.5% 11.4% 11.5% 1.0% 16.1% 100.0% 18.3% 15.6% 24.9% 0.0% 10.2%

49,990 299,321 0 37,854 9,599 3,464 4,774 177,564 51,209 38,164 3,117 4,487

Current Year Surplus (Deficit)

218,434

(289,979)

(2,311,198)

DDA Carryforward Total Carry Forwards

2,350 348,597 350,947

4,405 714,108 718,513

312,666 2,373,532 2,686,198

Net Total Surplus (Deficit)

569,381

428,534

375,000

CRA Carryforward

1.4% 30.1% 26.7%

0

Marketing

Security

Y-T-D

Y-T-D

0

Incentives Y-T-D

0

0 0

169,581 33,145

89,895

679,543

33,145

169,581

89,895

0

2,642

(33,145)

(169,581)

(89,895)

0

4,405 448,061 452,466

0 25,000 25,000

0 151,152 151,152

0 89,895 89,895

0 0 0

455,108

(8,145)

(18,429)

0

0

No CPA provides any assurance on these financial statements.

Supplemental Schedules November 30, 2023 SCHEDULE 1 - CURRENT YEAR REVENUES

Gross

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Current Year Revenues Tax Revenues TIF Rosemary Square MOU DDA/CRA Interlocal CRA Project Funding DDA/City Interlocal Agreement 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

Month

Budget

%

Y-T-D

640,470 0 0 0 0 17,625 10,631 0 0 0 0 0 0 179 316 0

640,470 0 0 0 0 17,625 23,322 0 0 0 0 273 0 179 316 0

3,351,255 (3,207,458) 0 6,558,713 250,000 250,000 22,000 0 0 0 0 200 35,000 0 0 0

19.1% 0.0% 0.0% 0.0% 0.0% 7.1% 106.0% 0.0% 0.0% 0.0% 0.0% 136.5% 0.0% 0.0% 0.0% 0.0%

640,470 0 0 0 0 17,625 23,322 0 0 0 0 273 0 179 316 0

0

Total Current Year Revenues

669,221

682,185

7,259,710

9.4%

682,185

0

Year-to-Date

No CPA provides any assurance on these financial statements.

0

0

0

West Palm Beach Downtown Development Authority Supplemental Schedules November 30, 2023 Gross Month

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

SCHEDULE 2 - BUSINESS DEVELOPMENT Total Property and Buss Incentives Facade Improvements Leasing/Brokers Meeting Total Business Training and Support Business Partnerships Grand Open/New Business

0 0 951 0 1,500 800

0 0 951 0 48,239 800

0 150,000 30,000 140,000 100,000 20,000

0.0% 0.0% 3.2% 0.0% 48.2% 4.0%

0 951 0 48,239 800

Total Business Development

3,251

49,990

440,000

11.4%

49,990

SCHEDULE 3 - PUBLIC REALM MAINTENANCE 57,500 Clean Team 19,690 Graffitti Maintenance 500 Landscape Maintenance 31,475 Holiday Lights 0 Signage & Pedestrial Wayfinding 0 Capital Projects/Alleys 2,450

82,478 60,226 1,250 31,475 82,604 38,838 2,450

760,000 535,000 17,500 742,748 235,000 85,000 75,000

10.9% 11.3% 7.1% 4.2% 35.2% 45.7% 3.3%

82,478 60,226 1,250 31,475 82,604 38,838 2,450

Total Physical Environment

299,321

2,450,248

12.2%

299,321

Pressure Washing/Street Clean

111,615

0

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 November 30, 2023 Gross Month

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

SCHEDULE 4 - MARKETING/PR

Community & Cultural Promotion

0 23,700 18,487 0 28,145 9,703 665 12,575

0 24,180 26,987 0 33,145 68,429 1,765 15,075

0 130,902 225,000 60,000 150,000 450,000 150,000 265,000

0.0% 18.5% 12.0% 0.0% 22.1% 15.2% 1.2% 5.7%

Total Marketing/PR

93,275

169,581

1,430,902

11.9%

0

0 33,145 89,895 0 5,000 32,854 0

100,000 975,000 1,045,000 0 0 362,729 0

0.0% 3.4% 8.6% 0.0% 0.0% 9.1% 0.0%

0

Mobility Coalition Funding

0 33,145 67,470 0 0 18,629 0

0 5,000 32,854 0

Total Res. Services/Quality of Life

119,244

160,894

2,482,729

6.5%

37,854

Survey

Collateral Materials PR/Marketing

Retail Promotion Value Added Events Advertising and Promotion Marketing Programs

0 24,180 26,987 0 33,145 68,429 1,765 15,075 0

169,581

0

0

SCHEDULE 5 -NEIGHBORHOOD SERVICES Homeless Outreach

Transportation Security and Policing Public Space Programs Community Engagement Residential Programming

33,145 89,895

No CPA provides any assurance on these financial statements.

33,145

0

89,895

0

West Palm Beach Downtown Development Authority Supplemental Schedules November 30, 2023 Gross Month

SCHEDULE 6 - GENERAL OFFICE General Office Expense - Other Investment Expenses

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

1,174 0 20 6,428

1,453 0 20 8,126

40,350 0 4,000 40,000

3.6% 0.0% 0.5% 20.3%

20 8,126

Total General Office

7,622

9,599

84,350

11.4%

9,599

Telephone Expense

0 251 15 0 1,143

1,333 251 15 0 1,865

6,000 8,680 5,562 0 10,000

22.2% 2.9% 0.3% 0.0% 18.7%

1,333 251 15 0 1,865

Total Operations

1,409

3,464

30,242

11.5%

3,464

General Postage

SCHEDULE 7 - OPERATIONS Dues Hospitality Board Meeting Publications

1,453

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 November 30, 2023 Gross Month

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

SCHEDULE 8 - PROFESSIONAL SERVICES Accounting Professional Service Audit Studies and Surveys Legal

2,500 1,243 0 0 941

2,500 1,333 0 0 941

33,500 53,000 30,000 319,582 28,500

7.5% 2.5% 0.0% 0.0% 3.3%

2,500 1,333 0 0 941

Total Professional Services

4,684

4,774

464,582

1.0%

4,774

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 William Jacobson, Vice Chairman Samantha Bratter Varisa Lall Dass Daryl Houston Tim Harris Bob Sanders

FROM: Teneka James-Feaman RE:

Business Incentives Application Review

DATE: Tuesday, December 19, 2023

_________________________________________________________________________________________

PROGRAM OVERVIEW The Incentive Grant programs offered by the West Palm Beach Downtown Development Authority (DDA) provides funding to new businesses or existing businesses within the DDA District to assist with significant, permanent modifications to existing Downtown buildings. Through these programs, the DDA encourages major tenant improvements necessary for successful tenancy of commercial spaces.

DDA Staff will be presenting (1) application for review and recommendation for funding.

Business Incentive Applications - Body and Beauty Lab, LLC; 645 South Olive Ave Ste. 200

107 S. Olive Avenue, Suite 200, West Palm Beach, FL 33401 Ph: 561.833.8873 Fax: 561.833.5870 * DowntownWPB.com

MEMO To:

Rick Reikenis, Chairman William Jacobson, Vice Chairman Samantha Bratter Varisa Lall Dass Tim Harris Daryl Houston Bob Sanders

From: Vivian Ryland RE:

Executive Director Annual Performance Review

Date:

Tuesday, December 19, 2023

The Executive Director is reviewed by the Board annually, and is rated on the following elements: Performance Factors, Behavioral Traits, and Supervisory Factors. The maximum score for score for each element is five, and the lowest is one.

All Board members responded to the online survey. The summary of the scoring is shown below: Performance Factors (5) Behavioral Traits (6) Supervisory Factors (5) TOTAL AVERAGE SCORE

5 4 5 4.7

The Executive Director's current salary is $190,886, up from $185,326 in 2022 as the result of a 3% merit-based increase. Based on the results of the Board's review and the DDA's performance evaluation criteria, the Executive Director is eligible for a merit-based salary increase of up to 5%.

A summary of the results of the performance evaluation is attached.

107 S. Olive Avenue, Suite 200, West Palm Beach, FL 33401 Ph: 561.833.8873 Fax: 561.833.5870 * DowntownWPB.com

2023 Executive Director Review

Q1: Consider the degree to which the employee exhibits the required level of job knowledge and/or skills to perform the job and this employee’s use of established techniques materials and equipment as they relate to performance.

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations

Needs Improvement

Unacceptable

Excellent in all respects.

Exceeds expectations above and beyond a standard urban planner and executive director in every capacity. Technical knowledge of every aspect of urban and local planning, as well as how to accomplish the desired ambience we want downtown. Good at practical planning, managing maintenance, and managing safety, as well as accomplishing more idealistic goals we have for the future.

Always rises above expectations

Powere by

Q2: Does the employee complete assignments meeting quality standards? Consider accuracy, neatness, thoroughness and adherence to standards and safety rules.

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations

Needs Improvement

Unacceptable

Excellent in all respects.

Very thorough, incredibly responsive, takes time outside of the typical 9-5pm work hours to excel at community engagement and accomplish tasks.

Clearly shows complete understanding of all efforts of the agency.

Q3: Consider the results of this employee’s efforts. Does the employee demonstrate the ability to manage several responsibilities simultaneously; perform work in a productive and timely manner; meet work schedules?

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations

Needs Improvement

Unacceptable

The work program that we have established for the year is substantial and Raphael is able to manage the tasks timely and comprehensively.

Excellent in all respects.

Yes. He does this incredibly well.

Always responsive to request from stakeholders.

Q4: To what extent does the employee display a positive, cooperative attitude toward work assignments and requirements? Consider compliance with established work rules and organization.

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations

Needs Improvement

Unacceptable

I find that every Board Member's ideas are addressed as if part of a work assignment which results in our ability to adopt or reject results.

Excellent in all respects.

His personality exceeds the standard executive director on every level.

His temperament is the ideal temperament for leadership, teamwork, community engagement, and creating relationships that benefit the organization.

DDA has a stellar reputation because of this employee’s dedication.

Q5: Consider job related effectiveness in dealing with others. Does the employee express ideas clearly both orally and in writing, listen well and respond appropriately?

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations

Needs Improvement

Unacceptable

Excellent in all respects.

Yes he is attentive, responsive, hard working, and quickly provides solutions.

Superior communication ability.

Q6: Does the employee monitor assigned projects and exercise follow-through; adhere to time frames; is on time for meetings and appointments; and responds appropriately to instructions and procedures?

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations

Needs Improvement

Unacceptable

Ideas which become projects are usually accompanied by time frames for completion and these projects become reality in a timely basis.

Excellent in all respects.

Yes The buck stops with this employee. Always responsible for all efforts by the agency.

Q7: How well does the employee work as a contributing team member? Does the employee demonstrate consideration of others; maintain rapport with others; help others willingly?

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations

Needs Improvement

Unacceptable

Excellent in all respects.

He goes above and beyond to be helpful to not just the DDA members, but also problematic members of the community. He maintains professionalism in all circumstances. He goes out of his way, outside of work hours, to build relationships that benefit the community, downtown, and city.

Works very well with his subordinates. Two way communication

Q8: How well does the employee work with stake holders and community partners?

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations

Needs Improvements

Unacceptable

The Board maintains exceptional relationships with the City, the County as necessary and applicable NGOs based on the ability of the Employee to communicate with the appropriate people at each organization.

He is very attentive to tenants and their needs, as well as recruiting new businesses.

Always responsible to stakeholders. Open lines of communication

Q9: Consider how well the employee seeks and assumes greater responsibility, monitors projects independently, and follows through appropriately.

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations

Needs Improvement

Unacceptable

The Employee, as the Ex Dir., has the burden of making certain that each project undertaken by the DDA is presented properly to the "audience". The assigned staff is given the latitude to work on each project with the ultimate responsibility falling on the Ex Dir. who does a good job in monitoring the progress of each project.

Excellent in all respects.

Always looking for new, better was for the agency to serve the community and stakeholders

Q10: Consider the ease with which the employee adjusts to changes in duties, procedures, or work environment. How well does the employee accept new ideas and approaches to work, respond appropriately to constructive criticism and to suggestions for work improvement?

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations Needs Improvement

Unacceptable

Q11: Consider how well the employee effectively analyzes problems, determines appropriate action for solutions, and exhibits timely and decisive action; thinks logically.

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations Needs Improvement

Unaccaptable

Q12: Consider how well the employee demonstrates effective supervisory abilities; gains respect and cooperation; inspires and motivates subordinates; directs work group toward common goal.

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations Needs Improvement

Unacceptable

Q13: How well does the employee demonstrate the ability to direct others in accomplishing work; effectively select and motivate staff; define assignments; oversee the work of subordinates?

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations Needs Improvement

Unacceptable

Q14: Consider how well the employee plans and organizes work; coordinates with others and establishes appropriate priorities; anticipates future needs; carries out assignments effectively.

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations Needs Improvement

Unacceptable

Q15: How well does the employee perform day-to-day administrative tasks; manage time; administer policies and implement procedures; maintain appropriate contact with the board and utilize funds, staff or equipment?

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations

Needs Improvement

Unacceptable

The Ex Dir has a limited budget and is able to get exceptional staff people to join the DDA. Our direct contact with the Ex Dir is exceptional and we are able to discuss any pending issues that are scheduled to come before the Board before problems arise. I would strongly state that we do the best with what we have. The end result is exceptional as can be witnessed by the number of awards earned by the Staff and the DDA. Excellent in all respects.

Always willing to seek counsel with board members.

Q16: Consider how well the employee serves as a role model; provides guidance and opportunities to their staff for their development and advancement; resolves work-related employee problems; assists subordinates in accomplishing their work-related objectives. Does the employee communicate well with subordinates in a clear, concise, accurate, and timely manner and make useful suggestions?

100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Superior

Exceeds Expectations

Meets Expectations

Needs Improvement

Unacceptable

Excellent in all respects.

He excels at this, as well all motivating members outside of the community outside of work. He is a true inspirational leader.

I feel everyone (subordinates) know exactly what is expected of them.

MEMO TO:

DDA Board Rick Reikenis, Chairman Bill Jacobson, Vice Chairman Bob Sanders Daryl Houston Samantha Bratter Varisa Lall Dass Tim Harris

FROM: Catherine Ast, District Services Manager RE:

ILA Right of Way Maintenance (Clematis Trash Cans)

DATE: December 19th, 2023

_________________________________________________________________________________________

In November, Staff received Board approval for funding the Downtown Clean Team to add the service of emptying the right of way trash cans on Clematis Street.

In keeping with standard policy, Public Works staff have provided an Interlocal, right of way maintenance agreement, to cover this work. City, DDA Staff, and Legal for both entities have reviewed and approved this agreement.

The Agreement is scheduled to go to City Commission in January with approval expected. The start date is tentatively set for February 1, 2024, with an expiration of September 30, 2024.

Staff does not have a presentation but will be available for any questions.

107 S. Olive Avenue, Suite 200, West Palm Beach, FL 33401 Ph: 561.833.8873 Fax: 561.833.5870 * DowntownWPB.com

RIGHT OF WAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY

Contract No. 30723 City Res. No._____ THIS INTERLOCAL AGREEMENT (the “Agreement”) is made by and between the CITY OF WEST PALM BEACH, a municipal corporation organized under the laws of the State of Florida (the “City”) and the WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY, an independent special taxing district of the State of Florida, (“DDA”), collectively (the “Parties”).

WITNESSETH WHEREAS, it is the purpose and intent of this Agreement and the parties hereto, and pursuant to the Florida Interlocal Cooperation Act of 1969, as amended, to permit the City and the DDA to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and provide a means by which the parties may exercise their respective powers, privileges and authorities that they share in common and that each might exercise separately; and WHEREAS, the DDA has offered to maintain and service all trash cans in the right of way on Clematis from Flagler to Tamarind and the City desires to accept the DDA’s offer of maintenance; and WHEREAS, the City and DDA wish to enter into this Agreement in order to define the responsibilities for each party under this ROW Trash Can Maintenance Agreement.

NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein and other good and valuable consideration, receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: 1.

DDA’S RESPONSIBILITIES FOR MAINTENANCE. The DDA agrees to maintain all of the trash cans in the City’s right of way (“ROW”), specified above.

Such “maintenance” is defined as follows: 1. Shall include the emptying of such cans located within the ROW of Clematis Street, from 100 – 700 blocks, seven (7) days per week.

2. Wiping off (cleaning) and lock replacements.

3. All other maintenance shall be reported to the City to be addressed. Replacement of cans will not be the responsibility of the DDA. 4. DDA will not be responsible for cans that are not owned by the City, cans that are located on private property, or public facility properties, such as City Hall Courtyard, Garage entrances, Police Station, or other public facilities.

2.

CITY’S RESPONSIBILITIES. The City shall ensure that the DDA has a current list of all trash can locations and is able to access the trash cans to be emptied. The current locations of the trash cans to be maintained by DDA is attached as Exhibit A.

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3.

TERM OF AGREEMENT

3.1 This Agreement shall become effective upon its execution by all parties. The City shall execute this Agreement last.

3.2 This Agreement shall remain effective until September 30, 2024, unless terminated as provided in this Agreement.

3.3 This Agreement may be terminated by mutual agreement of the Parties or by thirty (30) days written notice by either PARTY, with or without cause. Notice shall be provided by overnight courier with signature confirmation of delivery or by hand delivery at the receiving parties primary offices.

4.

COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Agreement, the Parties shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this agreement.

5.

MAINTENANCE OF BOOKS AND RECORDS. Each party shall retain all such records related to this Agreement in proper order for at least ten (10) years following expiration of this Agreement. Each party shall have access to such records, for the purposes of inspection and audit, during this ten (10) year period. This Section shall survive the expiration or termination of this Agreement.

6.

INDEMNIFICATION. Each PARTY agrees that it shall be solely responsible for the omissions or negligent or wrongful acts of its other Party or its employees, agents and representatives. Nothing contained herein shall constitute a waiver by a PARTY of sovereign immunity or the liability limits established in Section 768.28 of the Florida Statutes.

7.

AMENDMENT AND ASSIGNMENT. This Agreement may only be amended in writing signed by the Parties and executed with the same formality as this Agreement. This Agreement may not be assigned by either of the Parties without the prior written consent of the other Party.

8.

SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The Parties agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision.

9.

INDEPENDENT CONTRACTORS, WORKERS COMPENSATION.

9.1.

The Parties and their employees, volunteers, agents, vendors and subcontractors shall be and remain independent contractors and not agents or employees of the Parties with respect to all of the acts and services performed by and under the terms of this Agreement.

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9.2.

The Parties will be self-insured against or will secure and maintain during the life of this Agreement, Workers Compensation for all their employees connected with the work of this Agreement. The Parties shall require their subcontractors similarly to provide Workers Compensation Insurance for all the latter’s employees unless such employees are covered by other protection. Such coverage shall comply fully with Florida’s Worker’s Compensation Law. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise, or venture between the Parties.

10.

WAIVER OF PROVISIONS. The failure of any party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct.

11.

COUNTERPARTS. The Agreement may be executed in several counterparts, each of which, when taken together, shall be deemed originals and such counterparts shall constitute one and the same instrument.

12.

AUTHORITY. Each Party represents and warrants to the other that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary governmental action that may be required by law.

13.

ENTIRE AGREEMENT. 13.1. It is understood and agreed that the entire agreement of the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof as well as any previous agreements presently in effect between the Parties relating to the subject matter hereof.

13.2. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the Parties.

14.

NON-DISCRIMINATION. The parties agree no person shall on the grounds of race, color, religion, sex, gender identity or expressions, genetic information, national origin, age, disability, familial status, marital status or sexual orientation be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement.

15.

NO GENERAL OBLIGATION. Nothing contained in this Agreement shall constitute or create a lien or be construed or deemed to constitute or create a lien, either legal or equitable, on any of the City’s or the DDA’s revenues or funds. No person shall ever have the right to compel any exercise of the ad valorem taxing power of the City to make the payments herein provided against any property of the City or the DDA, nor shall this Agreement constitute a charge, lien or encumbrance, either legal or equitable, upon any property or funds of the City or the DDA, except as expressly herein provided.

16.

NOTICES. Any notices required by this Agreement shall be in writing and shall be (as elected by the party giving such notice) hand delivered, or alternatively, may be sent by U.S. certified mail, return receipt requested. Notices shall be provided to the following: As to the City: City of West Palm Beach City Hall – 401 Clematis Street (33401) Post Office Box 3366

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West Palm Beach, Florida 33402-3366 Attention: City Administrator With a copy to: City Attorney’s Office

As to the DDA: West Palm Beach Downtown Development Authority 107 S Olive Avenue Ste. 200 West Palm Beach, Florida 33401 Attention: Executive Director The effective date of any notice shall be the date of delivery of the notice.

17.

FILING. This Agreement may be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by Section 163.01(11), Florida Statutes.

IN WITNESS WHEREOF, the Parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Palm Beach County, Florida, on the day and year below.

DDA

CITY OF WEST PALM BEACH

By: ______________________________ Raphael Clemente, Executive Director

By:________________________ Keith A. James, Mayor

Date: ____________________________

Date:_______________________

ATTEST:_____________________

Attest:______________________ City Clerk

Title:________________________

City Attorney’s Office Approved as to form and legality

Approved as to Form and Legal Sufficiency

____________________________ R. Max Lohman, Esq., General Counsel

By: _______________________

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EXHIBIT A TRASH CAN LOCATIONS

100 Block: 12 ROW cans

200 Block: 8 ROW cans 300 Block: 12 ROW cans 400 Block: 8 ROW cans 500 Block: 12 ROW cans 600 Block: 8 ROW cans 700 Block: 2 ROW cans

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