January 2019 Board Meeting

REGULAR BOARD MEETING Downtown Development Authority Tuesday, January 15, 2019 8:30 AM 300 Clematis Street Suite 200 West Palm Beach, FL 33401

CALL TO ORDER

Robert Sanders

PUBLIC COMMENTS AND QUESTIONS PRESENTATIONS •

Uyen Dang

Downtown Parking Updates

CONSENT CALENDAR (Action Required) •

Minutes of Board Meeting of December 18, 2018

•

Financial Statements of December 31, 2018

Robert Sanders

OLD BUSINESS (Action Required) •

MotionLoft Pedestrian Counters

•

Downtown Neighborhood Association Sponsorship Agreement

NEW BUSINESS ANNOUNCEMENTS •

Upcoming Grand Openings

•

Upcoming DDA/A&E Evens

ADJOURNMENT

300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Ph: 561.833.8873 Fax: 561.833.5870 * DowntownWPB.com

Sherryl Muriente Catherine Ast

UPCOMING EVENTS CONTINUUM West Palm Beach Arts Now through January 19th 426 Clematis Street Palm Beach Symphony Ribbon Cutting and Grand Opening January 16th 4:30pm – 6:30pm 400 Hibiscus Street, Ste. 100 Art and Culture Winter Launch January 16th 6pm – 7:30pm Palm Beach Dramaworks Craft, Draft, and Bites January 18th – 20th Meyer Amphitheatre 500 Block Community Meeting January 19th 10am – 12pm Subculture Alleyway Martin Luther King Day January 21st DDA Office Closed FOTOfusion January 21st – 26th Palm Beach Photographic Centre

300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833-8873|Fax: 561.833.5870| www.downtownwpb.com

Rappelling to End Homelessness February 2nd 8am – 5pm The Comeau Building Harmony: An Exhibition of the Arts February 2nd 4pm – 6pm Meyer Amphitheatre Community Coaching Webinar: A new way to speak truth to power February 6th 2pm-3pm DDA Office

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 Bob Sanders, Chairman Rick Reikenis, Vice Chairman Joseph Chase Lisa Gerard Mary Hurley Lane Cynthia Nalley Upendo Shabazz

FROM: Raphael Clemente, Executive Director RE:

Parking Policy

DATE: Tuesday, January 15, 2019

_________________________________________________________________________________________

Over the course of the past year, DDA staff has worked closely with the City to update parking policies and pricing for the Downtown District. Uyen Dang, P.E., the City’s Traffic Engineer, will present the findings of the Parking Study and the recommendations to be brought forward to the City Commission for approval.

The presentation is attached for your review. Below are staff comments regarding the proposed changes.

Price increases for City Garage monthly parking passes: In some cases, the cost of a monthly pass will increase by nearly 90%. This increase should be phased in over the course of 2 years to allow existing tenants and employees time to absorb the impact. It is DDA staff’s recommendation that it would be good to delay monthly pass pricing increases until other steps have taken effect, such as eliminating the residential parking pass rate of $40 per month and raising it to current market rate.

Event parking fees: Events are an important component in attracting new customers to the Downtown and parking is often the first and last experience visitors have with a place. It is DDA staff’s recommendation that event parking fees should never exceed the cost to attend the event for which they are set. For example, if it costs $10 to enter an event, the parking fee should be $10 or less.

Perception survey data has proven that excessive pricing for parking during events negatively impacts the perception of downtown over the long term.

300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Ph: 561.833.8873 Fax: 561.833.5870 * DowntownWPB.com

Customer service: Parking enforcement is typically the only interaction most people ever have with the parking system anything other than a parking meter or pay by phone app. It is DDA staff’s recommendation that for on-street enforcement a warning for a first-time offense within one year will do much more good than it will cost in revenue. The warning can be used to educate and communicate with parking system customers. This is especially important during events when large numbers of people are visiting the Downtown and it can be difficult to return to your car in time to put more time on the meter or leave the parking space. Parking enforcement should be lenient during events that are brining large crowds downtown. For example, if someone is less than 30 minutes over time on their meter give a warning. Like the first-time warning, this is a good P.R. tactic and takes into consideration that people come downtown to have fun, spend money, walk farther from their car than they thought, get bogged down waiting for service at busy restaurants, etc.

300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Ph: 561.833.8873 Fax: 561.833.5870 * DowntownWPB.com

Downtown Merchants December 13th, 2018

Parking Updates

Uyen Dang, PE City Traffic Engineer

• Parking Changes • Schedule • Implementation Strategy

Adopted May 2018

Downtown Parking Management and Transportation Demand Management Study

Introduction

Affordability

Convenience Accessibility

Key Findings

EVENTS

V.S.

DAILY

What does optimal parking rates mean?

• rates in high demand; • rates in low demand

What is demand based pricing?

• Optimize parking rates structure to shift demand and create availability

Demand based pricing • Increase availability • Enhance customer experience

Recommendations

Commercial Loading Zone (delivery, Lyft, Uber, etc.)

• Future flex loading zones

Private Lots • Ordinance to prohibits predatory booting • Provisions for attendance

Sunday - Saturday • On Street 7:00 a.m. to Midnight (similar to City Place) – Progressive Rates – No time limit • Off Street Garages 24/7

Policy Changes

Development of Parking Communication Plan • Update Websites • Revised Marketing Materials

Monthly Parking Rates: $50, $100, $150 • Off Street Max daily rates: $5, $10, and $15

• Eliminate residential parking permits • Increase Lost Ticket Rates from $10 to $30 • Reduce 1st time parking fines

Policy Changes Continue

FREE

$3

$6

$9

$15

1 HR

2 HR

3 HR

4 HR

DAILY MAX

BANYAN

$15

$9

$6

$3

FREE

CITY CENTER

$15

$9

$6

$3

FREE

EVERNIA

$10

$9

$6

$3

FREE

CLEMATIS

Off-Street Daily Parking

$10

$9

$6

$3

FREE

SAPPODILLA

$5

POST

$5

OKEECHOBEE HOWARD

Bulk off street parking validation available at 25% OFF to merchants

Office Employee Parking • Permit at 1/1000 SF • Standby reservations available

Service Industry Employees and Retail Parking • 50% OFF Monthly Night Rates (after 3PM) • Permit Roof Parking

Off-street Recommendations

$2.50

$5.00

$10.00

$5/HR

1 HR

2 HR

3 HR

ADD HR

ZONE A

$4/HR

$8.00

$4.00

$2.00

ZONE B

Progressive Rates and remove limits

$1/HR

$3.00

$2.00

$1.00

ZONE C

On-Street Daily Parking

* Special Event parking fee to be determined by projected attendance of each event.

Large Events $20 - $40 Smaller Events $ 5 - $20

Demand based pricing and proximity Event Minimum $5—Maximum $40

Event Parking

Parking Benefit District

December 2018 • Meet with City’s Attorney Office • Update Merchant and Commissioners • Develop Parking Communication Plan – Moore Communications January 2019 • Mayor’s Commission Work Session February 2019 • Adoption with Parking Communication Plan March – July 2019 • Implement Parking Communication Plan • Rebrand Parking Website and Marketing July – 2019 • Implement changes

Next Steps?

300 Clematis Street, Suite 200 West Palm Beach, FL 33401 MINUTES Regular Board Meeting Downtown Development Authority December 18, 2018 ATTENDANCE Board Members in attendance included, Chairman Robert Sanders, Esq., Vice Chairman Richard Reikenis, Joseph Chase, Lisa Gerard, Mary Hurley Lane, Cynthia Nalley and Upendo Shabazz. DDA staff in attendance included Raphael Clemente, Tiffany Faublas, Samantha Murrell, Shelly Williams, Sherryl Muriente, and Max Lohman Esq. (Lohman Law Group). Guests in attendance included Steve Daniels, Matthew Miller, Al Malefatto, Diana Stanley, Heather Sandala, Allison Justice, and Commissioner Paula Ryan.

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

PUBLIC COMMENTS No public comments.

PRESENTATIONS CVS Pharmacy Al Malefatto and Matthew Miller, representing CVS provided the board with details about the plans to open CVS on Clematis Street. They plan to open in the 4th quarter of 2019 whether the city changes their alcohol sales ordinance or not. They answered questions and asked for the board support in opening CVS at this location.

Board Action: Gerard made a motion to support CVS and amending the current city code.

Nalley seconded the motion. The motion passed 6-1.

In favor: Sander, Reikenis, Chase, Gerard, Nalley and Shabazz Opposed: Hurley Lane The board asked Clemente to write a letter of support to Mayor Muoio and the City Commissioners.

CONSENT CALENDAR Minutes of Regular Board Meeting of November 20, 2018 Board Action: Reikenis made a motion to approve the Minutes of November 20, 2018.

Chase seconded the motion. The motion passed unanimously.

Financial Statements of November 30, 2018 Board Action: Reikenis made a motion to approve the Financial Statements of November 30, 2018. Chase seconded the motion. The motion passed unanimously.

Clemente requested to move new business agenda item Lord’s Place Outreach Team up to discuss before old business.

300 S. Clematis Street, Suite 200, West Palm Beach, Florida 33401

NEW BUSINESS Lord’s Place Outreach Team Clemente explained that staff has been working with The Lord’s Place to develop a proposal to provide outreach and engagement services to the chronically homeless population living in and/or frequenting the Downtown area. He introduced Diana Stanley and Heather Sandala, Lord’s Place staff, to speak in detail about this program and their current outreach efforts.

The proposal is to hire two team members to work 20 hours per week in downtown focused on outreach and engagement.

When asked about budget for programming, Williams suggested the board consider approving as a pilot program until March. The current contract with the Lord’s Place is up for renewal in March and the contracts could be combined to have one agreement with the vendor.

Reikenis asked how we track or measure over a multi-year period?

Stanley explained that she has a dedicated staff member just for tracking data and they track everything from number of times contact was made to how many people they were able to place in housing, to collect as much ROI data as possible.

Board Action: Shabazz made a motion to approve an outreach team pilot program and to add to existing program in March. Reikenis seconded the motion. The motion passed unanimously.

OLD BUSINESS Streetscape Update Clemente informed the board that the next phase of the streetscape will be on the 100 and 200 blocks of Clematis St. The plan is to start right after SunFest and complete by the end of October 2019.

Justice explained that Dover Kohl is meeting with merchants individually for their input and will be holding public meetings as well.

MotionLoft Pedestrian Counters DDA staff has been working with MotionLoft, Inc. to provide pedestrian counters in the 300 block of Clematis Street as part of the 12x12WPB Pop-up to Rent Business Competition. The program has been collecting pedestrian traffic counts for the past year to help establish the first baseline data to help understand use patterns, potential customer acquisition for businesses, and to share with local businesses and potential new tenants. Staff recommends expanding the program to cover specific locations in Downtown by adding more sensors in strategic locations. This program will be a partnership with the City of West Palm Beach to cover the cost of this program.

The Board asked staff to revise and bring back the proposal/interlocal agreement.

Downtown Neighborhood Association Partnership The DDA has been working closely with the Downtown Neighborhood Association (DNA) since 2010. This partnership has included hosting DNA Board meetings, sponsoring events, small capital projects, and working hand in hand to address issues impacting residential quality of life. As the DNA has evolved so has the relationship with the DDA. In previous years the DDA has sponsored events and beautification projects under a sponsorship agreement with the DNA. The DNA Board has proposed that new terms allow for the continued partnership between the two organizations to allow for greater community engagement and functionality.

300 S. Clematis Street, Suite 200, West Palm Beach, Florida 33401

Nalley provided details about what the DNA has been doing and how they plan to restructure the association.

Nalley recused herself from voting as acting President of the DNA. Board Action: Hurley Lane made a motion to direct DDA staff to come back with a new proposal.

Reikenis seconded the motion. The motion passed unanimously.

ANNOUNCEMENTS Marketing/PR Update Faublas provided an update on marketing and PR efforts. She provided examples of the most viewed post, photos, and interactions with our followers. All social channels continue to gain followers each month.

Clemente informed the board that Leslie Piester, former Marketing Coordinator, has left the DDA and we are currently seeking applicants to replace her position.

ADJOURNMENT There being no further business to discuss, Sanders called for a motion to adjourn.

Board Action: Shabazz made a motion to adjourn the meeting at 10:40 a.m.

Chase seconded the motion. The motion passed unanimously.

300 S. Clematis Street, Suite 200, West Palm Beach, Florida 33401

FUND BALANCE

No CPA provides any assurance on these financial statements.

5,817,074

Total Liabilities and Fund Balance

(3,149)

(642) (2,773) 266 0 0

5,817,074

23,000

5,794,074

5,820,223

2,361,291 3,458,932

23,000

5,554,525 205,657 50 33,842

Total Fund Balance

Net Income

Fund Balance

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

Total Assets

Total Other Assets

Other Assets Lease Security Deposit

Total Current Assets

Accounts Receivable - Shuttle P

Petty Cash

PNC Bank Operating First Bank - Money Marke

Current Assets

CURRENT LIABILITIES

ASSETS

West Palm Beach Downtown Development Authority Balance Sheet December 31, 2018

Net Total Surplus (Deficit)

Total Carry Forwards

CRA Carryforward

DDA Carryforward

Current Year Surplus (Deficit)

Current Year Revenues - Schedule 1 Expenditures Business Development - Schedule 2 Physical Environment - Schedule 3 Marketing/Public Relations- Schedule 4 Residential Quality of Life - Schedule 5 General Office - Schedule 6 Operations - Schedule 7 Professional Services - Schedule 8 Total Personnel Expense Insurance Expense Rent Expense Tax Collection Marketing Programs Travel and Training Reserves Total Expenditures

0

428,050 1,646,564 2,074,614

(2,074,614)

747,538 3,029,465 729,783 61,000 175,587 56,198 233,868 810,500 52,353 130,000 15,000 105,000 35,147 408,184 6,589,623

4,515,009

Budget

Gross Annual

0

0.9% 22.3% 17.8%

0.0%

5.7% 10.7% 12.9% 3.5% 13.8% 0.0% 3.1% 24.8% 52.9% 30.3% 46.6% 2.4% 5.6% 0.0% 11.9%

94.0%

%

Budget

2,189,875

3,729 179,830 183,559

2,006,316

551,189

42,286 184,215 0 2,110 24,151 11,335 7,173 201,344 27,697 39,414 6,984 2,528 1,952

2,557,505

Y-T-D

Work Plan

No CPA provides any assurance on these financial statements.

3,829,043

3,729 366,381 370,110

1,894 105,775 107,669 3,758,490

3,458,933

42,286 325,399 93,999 2,110 24,151 11,335 7,173 201,344 27,697 39,414 6,984 2,528 1,952 0 786,372

13,572 129,570 14,660 0 8,672 909 2,160 61,937 0 10,120 3,493 0 64 0 245,157 3,650,821

4,245,305

Year-to-Date

3,895,978

Month

Balance Sheet December 31, 2018

West Palm Beach Downtown Development Authority

404,300

0 102,092 102,092

302,208

102,092

102,092

404,300

Y-T-D

Services

Trolley

495,868

0 45,367 45,367

450,501

93,999

93,999

544,500

Y-T-D

Marketing

609,000

0 39,092 39,092

569,908

39,092

39,092

609,000

Y-T-D

Security

130,000

0 0 0

130,000

0

0

130,000

Y-T-D

Incentives

Total Current Year Revenues

Current Year Revenues Tax Revenues TIF DDA/CRA Interlocal CRA Project Funding Interest Income Sponsorships Fees and Services Grants and Contributions Total Reimbursements Other Miscellaneous Income CityPlace Shuttle 4,245,305

1,752,631 (1,806,897) 3,795,780 413,938 526 0 1,307 28,178 26,000 0 33,842

Year-to-Date

Work Plan

4,515,009

1,988,883 (1,806,897) 3,795,780 413,938 100 0 0 0 0 0 123,205 94.0%

88.1% 100.0% 100.0% 100.0% 526.0% 0.0% 0.0% 0.0% 0.0% 0.0% 27.5% 2,557,505

1,752,631 (1,806,897) 2,290,980 230,938 526 0 1,307 28,178 26,000 0 33,842

Y-T-D

404,300

404,300

Y-T-D

Services

%

Annual Budget

Trolley

Gross Budget

-

No CPA provides any assurance on these financial statements.

3,895,978

1,459,131 (1,806,897) 3,795,780 413,938 184 0 0 0 0 0 33,842

Month

SCHEDULE 1 - CURRENT YEAR REVENUES

December 31, 2018

West Palm Beach Downtown Development Authority Supplemental Schedules

544,500

446,500 98,000

Y-T-D

Marketing

609,000

524,000 85,000

Y-T-D

Security

130,000

130,000

Y-T-D

Incentives

61,200 3,000 39,988 0 0 39,092 80,027 102,017 75 0 325,399

SCHEDULE 3 - PHYSICAL ENVIRONMENT 15,327 Graffitti Maintenance 1,000 Landscape Maintenance 14,569 Studies and Surveys 0 Public Space Programs 0 Security and Policing 15,462 Holiday Lights 40,187 Trolley 43,025 Trolley Signs & Ped Wayfinder 0 Capital Projects/Alleys 0

Total Physical Environment

3,029,465

568,115 26,711 261,078 20,631 70,000 820,260 140,000 705,000 218,697 198,973

747,538

250,878 134,538 4,918 90,641 141,369 25,329 75,000 0 24,865

Budget

10.7%

10.8% 11.2% 15.3% 0.0% 0.0% 4.8% 57.2% 14.5% 0.0% 0.0%

5.7%

0.0% 0.0% 0.0% 14.5% 7.9% 40.2% 9.4% 0.0% 2.9%

%

184,215

0

80,027

61,200 3,000 39,988 0 0

42,286

0 0 13,135 11,171 10,192 7,072 0 716

Y-T-D

0

102,092

102,017 75

Y-T-D

Trolley Work Plan

Services

Budget

Gross Annual

No CPA provides any assurance on these financial statements.

129,570

42,286

13,572

Total Business Development

Pressure Washing/Street Clean

0 0 0 13,135 11,171 10,192 7,072 0 716

Year-to-Date

SCHEDULE 2 - BUSINESS DEVELOPMENT Property and Buss Incentives 0 Facade Improvements 0 Leasing/Brokers Meeting 0 Business Training and Support 784 Value Added Events 5,000 Retail Promotion 0 Business Partnerships 7,072 Downtown Events 0 Grand Open/New Business 716

Month

Supplemental Schedules December 31, 2018

West Palm Beach Downtown Development Authority

Y-T-D

0

0

Marketing

0

39,092

39,092

Y-T-D

Security

Y-T-D

Incentives

0

0

0

14,660

Total Marketing/PR

61,000

3.5%

5.6% 0.0% 6.8%

12.9%

0.0% 22.9% 19.6% 16.1% 9.5%

%

0

2,110

56 0 2,054

Y-T-D

No CPA provides any assurance on these financial statements.

2,110

Total Res. Services/Quality of Life 0

1,000 30,000 30,000

Meetings

SCHEDULE 5 - RESIDENTIAL SERVICES/QUALITY OF LIFE 0 56 Community Engagement 0 0 Residential Events/DNA Sponsor 0 2,054

62,953 21,500 151,630 190,000 303,700

Budget

729,783

0 4,925 29,745 30,592 28,737

Year-to-Date

Y-T-D

Trolley Work Plan

Services

Budget

Gross Annual

93,999

Advertising and Promotion

PR/Marketing

Marketing Postage

Survey

Community & Cultural Promotion

Month

0 0 0 5,311 9,349

SCHEDULE 4 - MARKETING/PR

Supplemental Schedules December 31, 2018

West Palm Beach Downtown Development Authority

0

0

0

93,999

0 4,925 29,745 30,592 28,737

Y-T-D

Marketing

Y-T-D

Security

0

0

Y-T-D

Incentives

0

0

Total Operations

Telephone Expense

Publications

SCHEDULE 7 - OPERATIONS Automobile Expense Dues Hospitality Board Meeting

Total General Office

Office Supplies

Equipment, Computers, Programs

General Postage

SCHEDULE 6 - GENERAL OFFICE General Office Expense

11,335

1,500 5,265 754 150 0 3,666

24,151

2,867 115 20,425 744

Year-to-Date

56,198

6,000 16,791 10,000 3,000 407 20,000

175,587

68,000 1,087 106,500 0

Budget

20.2%

25.0% 31.4% 7.5% 5.0% 0.0% 18.3%

13.8%

4.2% 10.6% 19.2% 0.0%

%

11,335

1,500 5,265 754 150 0 3,666

24,151

2,867 115 20,425 744

Y-T-D

Y-T-D

Trolley Work Plan

Services

Budget

Gross Annual

No CPA provides any assurance on these financial statements.

909

500 0 109 0 0 300

8,672

1,639 109 6,234 690

Month

Supplemental Schedules December 31, 2018

West Palm Beach Downtown Development Authority

0

0

Y-T-D

0

0

Marketing

Y-T-D

Security

0

0

Y-T-D

Incentives

0

0

Some rounding error may occur.

7,173

Total Professional Services

233,868

24,000 140,000 36,550 33,318

Budget

3.1%

8.3% 1.3% 1.0% 8.9%

%

7,173

2,000 1,823 375 2,975

Y-T-D

Y-T-D

Trolley Work Plan

Services

Budget

Gross Annual

No CPA provides any assurance on these financial statements.

2,160

2,000 1,823 375 2,975

Year-to-Date

SCHEDULE 8 - PROFESSIONAL SERVICES Accounting 0 Professional Service 0 Audit 375 Legal 1,785

Month

Supplemental Schedules December 31, 2018

West Palm Beach Downtown Development Authority

0

Y-T-D

0

Marketing

Y-T-D

Security

0

Y-T-D

Incentives

0

MEMO DDA Board Bob Sanders, Chairman Rick Reikenis, Vice Chairman Joseph Chase Lisa Gerard Mary Hurley Lane Cynthia Nalley Upendo Shabazz

TO:

FROM: Sherryl Muriente, Manager of Urban Placemaking RE:

MotionLoft Pedestrian and Vehicle Count Sensors

DATE: Tuesday, January 15, 2019

_________________________________________________________________________________________

DDA staff has been working with MotionLoft, Inc. to provide pedestrian counters in the 300 block of Clematis Street as part of 12x12WPB Business Competition. The program has been collecting pedestrian traffic counts for the past year to establish baseline data on use patterns. This data can be used shared with businesses and potential new tenants.

In collaboration with the City, DDA staff sought to expand the program to cover additional areas of Downtown by adding more sensors in strategic locations. This expansion was proposed as a partnership between the City and the DDA. The City has already entered into an agreement with Motionloft to have the additional 14 sensors installed. For the DDA to contribute funds to this program, an Interlocal Agreement defining each party’s obligations is necessary.

Funding for the first year of this program has been allocated under Capital Projects and subsequent years will be funded under Reports and Studies.

• •

Renewing for 1 year would be $1,612 per sensor (16) for a total of $25,792; or $12,896 per agency Renewing for more than 1 year would be $1,518 per sensor (16) for a total of $24,288 or $12,144 per agency per year

Subsequent years would be funded at fifty percent (50%) per agency. Should the City choose not to renew the agreement after the first year, the DDA could continue the contract with Motionloft for service on the sensors.

300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833-8873|Fax: 561.833.5870| www.downtownwpb.com

INTERLOCAL AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY REGARDING FUNDING OF MOTIONLOFT, INC., PEDESTRIAN AND VEHICLE COUNT SENSORS City Res. No. 349-18 Contract No. 22474

THIS INTERLOCAL AGREEMENT (the “Agreement”) by and between the CITY OF WEST PALM BEACH, a municipal corporation organized under the laws of the State of Florida (the “City”) and WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY, an independent special district established under the laws of the State of Florida, whose address is 300 Clematis Street, Suite 200, West Palm Beach, Florida 33401-5322 (the “DDA”); WHEREAS, it is the purpose and intent of this Agreement, the parties hereto, and 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 City has entered into an Agreement with Motionloft, Inc. (hereinafter “Motionloft”), to lease and install pedestrian and vehicle count sensors (hereinafter “sensors”) in the downtown area; and WHEREAS, the sensors benchmark pedestrian and vehicle traffic counts and provide data to optimize city planning, operations, placemaking programs and special projects; and WHEREAS, the DDA has agreed to fund fifty percent (50 %) of the cost of the lease and installation of the sensors and associated services; and WHEREAS, the parties wish to enter into this Interlocal Agreement and to set forth the terms and conditions of their Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of both DDA and City, and each of their respective constituents, it is agreed as follows: SECTION 1: 1.1

INCORPORATION OF RECITALS

The recitals set forth above are incorporated herein and made a part of this Agreement.

SECTION 2:

TERM OF AGREEMENT

2.1

This Agreement shall become effective upon its execution by all parties.

2.2

This Agreement shall remain effective until the City and DDA’s obligations hereunder have

1 22342 City/DDA – Funding Agreement Motionloft, Inc., Pedestrian and Vehicle Count Sensors 12.17.18

been satisfied, and while funding is available, unless terminated as provided in this Agreement.

SECTION 3: DDA’s FUNDING OBLIGATIONS 3.1

DDA agrees to provide funding in the amount of Twenty-Four Thousand Three Hundred Forty-Six and 67/100 Dollars ($24,346.67) which represents fifty percent (50%) of the cost of the lease and installation of the sensors and associated services.

3.2

The DDA agrees to provide such funding upon the full execution of this Agreement.

3.3

The DDA covenants that DDA will budget and appropriate sufficient funds to pay the funding obligation under this Agreement.

3.4

The DDA hereby ascertains, determines, declares and finds the payment of amounts due under this Agreement is needed to further the goals of the DDA and to promote the DDA’s goals in the Downtown area.

3.5

The DDA will have continuous and direct access to all data from the MotionLoft counters.

3.6

The DDA and City must agree in writing to any camera relocation, additions, omissions or any changes prior to sending any work orders to MotionLoft.

SECTION 4: CITY’S OBLIGATIONS 4.1

The City shall timely fulfill or cause to be fulfilled all of the conditions and requirements of the Agreement with Motionloft, which are within the control of the City, or which are the responsibilities of the City to fulfill. As such, City shall invite DDA personnel to all meetings with Motionloft and shall include DDA personnel in all electronic email communications with Motionloft as the meetings or electronic email communications pertains to the Agreement with Motionloft.

4.2

The City shall provide DDA with continuous and direct access to all data obtained from the sensors as result of the Agreement with Motionloft.

4.3

The City shall give the DDA thirty (30) days written notice and shall obtain the DDA’s written permission prior to relocating, adding, removing or changing any sensors related to the Agreement with MotionLoft.

SECTION 5: FUNDS 5.1

The DDA and the City hereby ascertain, determine, declare and find that the funding to lease and install pedestrian and vehicle count sensors in the West Palm Beach Downtown areaunder this Agreement is needed to further the mutual goals of the City and the DDA and to promote the specific goals of collecting data to better inform both our business environment and residential quality of life projects in the West Palm Beach Downtown area.

SECTION 6: BOOKS AND RECORDS 6.1

The City shall maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all costs incurred under this

2 22342 City/DDA – Funding Agreement Motionloft, Inc., Pedestrian and Vehicle Count Sensors 12.17.18

Agreement.

6.2

Each party shall retain all such records related to this Agreement in proper order for at least five (5) years following expiration of this Agreement. Each party shall have access to such records, for the purposes of inspection and audit, during this five (5) year period. This Section shall survive the expiration or termination of this Agreement.

SECTION 7:

GENERAL PROVISIONS

7.1

Assignment. This Agreement may not be assigned or transferred.

7.2

Default and Termination. In the event that either party fails to comply with the terms of this Agreement, then the non-defaulting party shall provide to the defaulting party written notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting party (the “Cure Period”). In the event that the defaulting party fails to cure the default within the Cure Period, the non-defaulting party shall have the right to terminate this Agreement. The effective date of the termination shall be the date specified in the Notice of Termination. In the event of default by the City, the DDA shall have all remedies provided in law or equity, including but not limited to the following: demanding repayment of funds received by City on a prorated basis within ninety (90) days of the demand for repayment. The number of days for proration shall be calculated based upon the date of default.

7.3 Notices. Any notices required by this Agreement shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, 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 West Palm Beach, Florida 33402-3366 Attention: City Administrator with a copy to: West Palm Beach City Attorney’s Office City Hall – 401 Clematis Street (33401) P.O. Box 3366 West Palm Beach, Florida 33402-3366 As to the DDA: West Palm Beach Downtown Development Authority 300 Clematis Street, Suite 200 West Palm Beach, Florida 33401-5322 Attention: Executive Director With a copy to: R. Max Lohman, Jr. 500 South Australian Avenue

3 22342 City/DDA – Funding Agreement Motionloft, Inc., Pedestrian and Vehicle Count Sensors 12.17.18

Suites 539-540 West Palm Beach, Florida 33401 The effective date of any notice shall be the date of delivery of the notice if by personal delivery (provided a receipt is obtained), courier service (provided a receipt is obtained) or prepaid overnight delivery service; or, if mailed, upon the date which the return receipt is signed or delivery is refused, or the notice is designated by the postal authorities as nondeliverable, as the case may be.

7.4

Liability. No party shall be deemed to assume any liability for the negligent or wrongful acts or omissions of another party. Nothing contained herein shall be construed as a waiver by a party of the liability limits established in Section 768.28 of the Florida Statutes. Liability for injury to personnel and the loss or damage of equipment shall be borne by the party employing such personnel or owning such equipment.

7.5

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.

7.6

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.

7.7

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

7.8

No Third Party Rights. This Agreement is solely for the benefit of the City and the DDA and no third party shall be deemed to have any rights hereunder.

7.9

Waiver. It is hereby agreed to by the parties that no waiver of breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any covenant.

7.10

Entire Agreement. This Agreement expresses the entire agreement of the parties, and no party shall be bound by any promises or representations, verbal or written, made prior to the date hereof which are not incorporated herein.

4 22342 City/DDA – Funding Agreement Motionloft, Inc., Pedestrian and Vehicle Count Sensors 12.17.18

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth below.

CITY OF WEST PALM BEACH ATTEST: By: Geraldine Muoio, Mayor City Clerk Date: __________________________, 2019 CITY ATTORNEY’S OFFICE Approved as to form and legality By: ______________________

WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY

Attest:______________________________ Raphael Clemente, Executive Director

By:__________________________________ Robert Sanders, Chair

DDA General Counsel Approved as to form and legal sufficiency By:_______________________ R. Max Lohman, Esq.

Date:

, 2019.

5 22342 City/DDA – Funding Agreement Motionloft, Inc., Pedestrian and Vehicle Count Sensors 12.17.18

Clematis St Total - Visitors West Palm Beach DDA

Mar 17, 2018 - Mar 17, 2018 29,367

29,367

29,367

29,367

29,367

29,367

Typical Day

Sat, Mar 17 - Busiest Day

Typical Week

Saturday Average

Peak Week Beginning Sun, Mar 11

Total Visitors Weekdays Weekends

Average Daily Activity 1,500 1,000 500 12 AM

Hours

%

Total

5am - 11am

5%

1,369

__ 11am - 5pm

26%

7,614

__ 5pm - 11pm

51%

15,109

__ 11pm - 5am

18%

5,275

__

Totals Week beginning Sun, Mar 11

29,367

5 AM

10 AM

3 PM

8 PM

20,000 10,000

Sun

Mon

Tue

Wed

Thu

Fri

Sat

Clematis St Total - Visitors West Palm Beach DDA

May 5, 2018 - May 5, 2018 35,137

35,137

35,137

35,137

35,137

35,137

Typical Day

Sat, May 5 - Busiest Day

Typical Week

Saturday Average

Peak Week Beginning Sun, Apr 29

Total Visitors Weekdays Weekends

Average Daily Activity 1,500 1,000 500 12 AM

5 AM

10 AM

3 PM

8 PM

30,000

Hours

%

Total

5am - 11am

12%

4,056

__ 11am - 5pm

17%

6,084

__ 5pm - 11pm

37%

13,040

__ 11pm - 5am

34%

11,957

__

Totals Week beginning Sun, Apr 29

35,137

20,000 10,000 Sun

Mon

Tue

Wed

Thu

Fri

Sat

Clematis St Total - Visitors West Palm Beach DDA

Jun 4, 2018 - Oct 31, 2018 5,378

15,403

7,707

37,785

51,465

806,626

Typical Day

Sat, Oct 27 - Busiest Day

Typical Week

Saturday Average

Peak Week Beginning Sun, Oct 21

Total Visitors Weekdays Weekends

Average Daily Activity 600 400 200 12 AM

Hours

%

Total

5am - 11am

12%

638

4,000

__

11am - 5pm

35%

1,871

2,000

__ 5pm - 11pm

34%

1,835

__

19%

1,035

Totals June 2018 July 2018 August 2018 September 2018 October 2018

145,601 176,947 156,305 135,499 192,274

10 AM

3 PM

8 PM

6,000

__

11pm - 5am

5 AM

Sun

Mon

Tue

Wed

Thu

Fri

Sat

Clematis St Total - Visitors West Palm Beach DDA

Nov 1, 2018 - Dec 31, 2018 7,218

13,214

10,703

50,137

62,669

440,321

Typical Day

Sat, Dec 29 - Busiest Day

Typical Week

Saturday Average

Peak Week Beginning Sun, Dec 23

Total Visitors Weekdays Weekends

Average Daily Activity 600 400 200 12 AM

5 AM

10 AM

3 PM

8 PM

10,000

Hours

%

Total

__

5am - 11am

10%

743

__

11am - 5pm

36%

2,600

__ 5pm - 11pm

38%

2,733

__

16%

1,143

11pm - 5am

Totals Week Week Week Week Week Week Week Week Week Week

beginning Sun, beginning Sun, beginning Sun, beginning Sun, beginning Sun, beginning Sun, beginning Sun, beginning Sun, beginning Sun, beginning Sun,

Oct 28 Nov 4 Nov 11 Nov 18 Nov 25 Dec 2 Dec 9 Dec 16 Dec 23 Dec 30

24,961 45,599 43,836 43,071 51,617 48,521 46,174 50,140 62,669 23,733

8,000 6,000 4,000 2,000 Sun

Mon

Tue

Wed

Thu

Fri

Sat

Clematis St Total - Visitors West Palm Beach DDA

Jun 4, 2018 - Oct 31, 2018 5,378

224

12 PM-1 PM

37,785

Saturday

806,626

Visitors per Day

Visitors per Hour

Typical Week

Busiest Hour

Busiest Day

Total Visitors

Sun

Mon

Tue

Wed

Thu

Fri

Sat

12:00 AM - 1:00 AM

894

159

38

80

79

129

508

1:00 AM - 2:00 AM

728

117

30

47

45

102

418

2:00 AM - 3:00 AM

458

93

16

26

30

69

279

3:00 AM - 4:00 AM

317

64

11

18

13

28

186

4:00 AM - 5:00 AM

128

16

6

6

8

7

46

5:00 AM - 6:00 AM

17

14

10

14

12

10

12

6:00 AM - 7:00 AM

23

40

36

46

37

37

23

7:00 AM - 8:00 AM

38

83

80

99

78

84

51

8:00 AM - 9:00 AM

63

160

164

162

153

164

92

9:00 AM - 10:00 AM

82

177

186

174

192

197

182

10:00 AM - 11:00 AM

117

209

217

213

204

220

274

11:00 AM - 12:00 PM

148

253

288

275

281

288

342

12:00 PM - 1:00 PM

220

479

530

508

529

519

337

1:00 PM - 2:00 PM

238

367

456

446

443

446

301

2:00 PM - 3:00 PM

272

265

293

281

281

284

262

3:00 PM - 4:00 PM

285

237

249

230

240

244

279

4:00 PM - 5:00 PM

303

200

221

216

222

238

293

5:00 PM - 6:00 PM

285

227

245

251

267

252

285

6:00 PM - 7:00 PM

260

229

267

269

319

283

333

7:00 PM - 8:00 PM

285

213

273

272

364

330

418

8:00 PM - 9:00 PM

292

221

258

305

386

419

519

9:00 PM - 10:00 PM

261

165

234

284

326

464

612

10:00 PM - 11:00 PM

223

119

180

192

254

513

753

11:00 PM - 12:00 AM

164

70

112

143

182

570

902

Clematis St Total - Visitors West Palm Beach DDA

Nov 1, 2018 - Dec 31, 2018 7,218

301

12 PM-1 PM

50,137

Saturday

440,321

Visitors per Day

Visitors per Hour

Typical Week

Busiest Hour

Busiest Day

Total Visitors

Sun

Mon

Tue

Wed

Thu

Fri

Sat

12:00 AM - 1:00 AM

696

226

88

70

201

132

518

1:00 AM - 2:00 AM

571

136

60

36

133

93

399

2:00 AM - 3:00 AM

350

182

41

19

107

62

274

3:00 AM - 4:00 AM

267

106

36

12

50

31

148

4:00 AM - 5:00 AM

86

12

16

9

15

7

37

5:00 AM - 6:00 AM

45

14

18

11

17

9

22

6:00 AM - 7:00 AM

37

37

49

38

40

38

38

7:00 AM - 8:00 AM

55

80

82

88

80

84

73

8:00 AM - 9:00 AM

78

143

139

163

131

170

133

9:00 AM - 10:00 AM

164

215

191

206

198

213

246

10:00 AM - 11:00 AM

189

251

221

258

222

269

446

11:00 AM - 12:00 PM

271

310

304

328

283

376

583

12:00 PM - 1:00 PM

364

511

565

569

543

604

622

1:00 PM - 2:00 PM

500

465

477

489

483

533

552

2:00 PM - 3:00 PM

520

337

354

366

375

392

557

3:00 PM - 4:00 PM

530

319

352

342

339

374

546

4:00 PM - 5:00 PM

532

276

310

340

312

369

583

5:00 PM - 6:00 PM

554

312

346

339

414

391

503

6:00 PM - 7:00 PM

560

319

353

370

502

448

537

7:00 PM - 8:00 PM

585

345

429

363

560

585

674

8:00 PM - 9:00 PM

542

364

385

343

453

622

805

9:00 PM - 10:00 PM

429

364

306

291

330

627

766

10:00 PM - 11:00 PM

291

397

200

237

254

627

838

11:00 PM - 12:00 AM

254

430

111

187

195

615

803

MEMO To:

DDA Board Bob Sanders, Chairman Rick Reikenis, Vice Chairman Mary Hurley Lane Upendo Shabazz Cynthia Nalley Lisa Gerard Joe Chase

From: Catherine Ast, District Services Manager RE:

DNA Sponsorship

Date: Tuesday, January 15, 2019

The Downtown Neighborhood Association (DNA) is an organization that the DDA has supported and partnered with in various ways, from formation through today.

At the December Board meeting, the DNA presented a new direction for their organization.

These changes require changes to the standard Sponsorship agreement that the DDA and DNA have had for nearly 10 years. As requested, the attached agreement has those changes.

The outcomes of this sponsorship agreement are well within the DDA’s mission and goals to increase activity, build a strong sense of community, and support residential quality of life.

Staff recommendation is to approve the agreement for 2019.

300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Ph: 561.833.8873 Fax: 561.833.5870 * DowntownWPB.com

SPONSORSHIP AGREEMENT THIS AGREEMENT, entered on this 15th, Day of January, 2019, by and between the WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY, an Independent 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 Downtown Neighborhood Association, a 501(c)3, with offices located at C/O 300 Clematis Street, Suite 200, West Palm Beach, FL 33401.

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

I.

General Provisions

1. DDA RESPONSIBILITIES: The DDA shall pay a sum not to exceed EIGHT THOUSAND DOLLARS ($8,000) annually. A Quarterly retainer of TWO THOUSAND ($2,000) will be issued for programs and services set forth under Section 2 subsections 1 through 5; and in no event shall the total amount on an annual basis exceed EIGHT THOUSAND DOLLARS ($8,000) for the tasks set forth in Section 2, subsections 1 through 5, unless there is a written addendum executed to this Agreement. The DDA will designate a staff liaison for DNA Functions.

2. The DNA RESPONSIBILITIES: The DNA will provide quarterly updates that include outreach numbers, photos and activities for the programs and services detailed below: 1. Neighborhood Watch: Engaging with police, security and the community to promote safety and awareness.

2. Future Focus Committee: To educate and inform residents of upcoming development and its impact on the Downtown.

3. Civics Committee: To encourage voter registration, candidate forums, educational meetings to help keep residents informed of City happenings and services.

4. Promoting volunteerism and neighborhood kindness.

5. Continued general and quarterly meetings to inform and educate residents.

3. COMMENCEMENT; TERM; TERMINATION OF AGREEMENT: This Agreement shall commence on January 15, 2019 and shall be effective only when signed by all parties. The initial Term of this Agreement shall be for a period of one (1) year. This Agreement may also be terminated by either party upon thirty (30) day written notice to the other party via hand delivery, certified mail, or national courier service (i.e. Federal Express) delivered to the following addresses:

1

Notice: As to the DDA: WPB Downtown Development Authority Attn: Executive Director 300 Clematis Street, Suite 200 West Palm Beach, FL 33401 With a copy to: R. Max Lohman, Jr. 500 South Australian Avenue West Palm Beach, FL 33405 As to DNA: West Palm Beach Downtown Neighborhood Association Attn: President c/o 300 Clematis Street, Suite 200 West Palm Beach, FL 33401

______________________________________ Raphael Clemente, Executive Director West Palm Beach Downtown Development Authority

_____________________________________ Witness

______________________________________ Cynthia Nalley, President West Palm Beach Downtown Neighborhood Association

______________________________________ Witness

2