July

ORGANIZATIONAL AND REGULAR BOARD MEETING Downtown Development Authority Tuesday, July 21, 2020 8:30 AM VIA ZOOM WEBINAR: https://us02web.zoom.us/j/81461153823 DIAL IN: 1-929-436-2866 US WEBINAR ID: 814 6115 3823 CALL TO ORDER

Robert Sanders

PUBLIC COMMENTS AND QUESTIONS EXECUTIVE DIRECTOR’S REPORT

PRESENTATIONS ELECTION OF OFFICERS • • •

Robert Sanders

Election of Chairman Election of Vice Chairman Election of Secretary

SET MEETING DATES (Action Required) •

Robert Sanders

FY 2020/2021 DDA Board Meeting Schedule and Public Hearing Dates

CONSENT CALENDAR (Action Required) •

Minutes of Regular Board Meeting June 16, 2020

•

Financial Statements of June 30, 2020

Robert Sanders

OLD BUSINESS (Action Required) Teneka James-Feaman

•

Tier 1 Grant Program

•

Landscaping Services Contract

Catherine Ast

NEW BUSINESS (Action Required) •

Resolution No. 05-2020 Budget Amendment

Raphael Clemente

•

Resolution No. 06-2020; 2nd MIL Budget

Raphael Clemente

ANNOUNCEMENTS ADJOURNMENT

Ph: 561.833.8873 Fax: 561.833.5870 www.downtownwpb.com

MEMO TO:

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

FROM: Raphael Clemente RE:

Annual Organizational Meeting

DATE: Tuesday, July 21, 2020

_________________________________________________________________________________________

In accordance with the By-Laws of the DDA, an Organizational meeting to elect officers is held annually in July. At the annual Organizational meeting, the Board elects’ members to serve as Chairman, Vice Chairman and Secretary. These are one-year terms. Typically, the Executive Director serves as the Secretary of the Board.

In addition to the election of officers, the State requires a proposed millage rate be set in July. This is the ‘not to exceed rate’. The actual millage rate is determined at the final budget hearing held in September.

The DDA sets it millage rate at 2 mils due to the budget approval process of the CRA. As per the Interlocal Agreement between the City, CRA and the DDA, the DDA prepares and adopts the 2nd Mil Budget Resolution detailing the proposed budget for the increment from the 2nd mil for the upcoming year. Once it has been adopted and executed, a copy is sent to the Mayor and the Director of the CRA.

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 Lisa Gerard Mary Hurley Lane William Jacobson Cynthia Nalley Upendo Shabazz

From: Raphael Clemente, Executive Director RE:

Establishing Annual Meeting Dates and Public Hearing Dates for Fiscal Year 2020-2021

Date: Tuesday, July 21, 2020 Based on the attached calendar; the following dates and times are presented for Board Meetings and for the approval of Public Hearings dates to adopt the Fiscal Year 2020-2021 Budget for the Downtown Development Authority: Board Meetings are held monthly on the third Tuesday; 1st Public Hearing; September 1, 2020 @ 5:05 PM; and 2nd and Final Public Hearing; September 14, 2020 @ 5:05 PM

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

2020-2021 DDA BOARD MEETING DATES MONTHLY ON THE THIRD TUESDAY OF EACH MONTH DATE

TIME

PLACE

August 18, 2020

8:30 a.m.

300 Clematis St., #200, WPB, FL

September 01, 2020

5:05 p.m.

1st Budget Hearing

300 Clematis St., #200, WPB, FL

September 14, 2020

5:05 p.m.

2nd Budget Hearing

300 Clematis St., #200, WPB, FL

September 15, 2020

8:30 a.m.

300 Clematis St., #200, WPB, FL

October 20, 2020

8:30 a.m.

300 Clematis St., #200, WPB, FL

November 17, 2020

8:30 a.m.

300 Clematis St., #200, WPB, FL

December 15, 2020

8:30 a.m.

300 Clematis St., #200, WPB, FL

January 19, 2021

8:30 a.m.

300 Clematis St., #200, WPB, FL

February 16, 2021

8:30 a.m.

300 Clematis St., #200, WPB, FL

March 16, 2021

8:30 a.m.

300 Clematis St., #200, WPB, FL

April 20, 2021

8:30 a.m.

300 Clematis St., #200, WPB, FL

May 18, 2021

8:30 a.m.

300 Clematis St., #200, WPB, FL

June 15, 2021

8:30 a.m.

300 Clematis St., #200, WPB, FL

July 20, 2021

8:30 a.m.

Organizational Mtg.

300 Clematis St., #200, WPB, FL

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

MINUTES Regular Board Meeting Downtown Development Authority Tuesday, June 16, 2020 Via Zoom Webinar https://us02web.zoom.us/j/84387534867 DIAL IN: 1-929-436-2866 US WEBINAR ID: 843 8753 4867

ATTENDANCE Board Members in attendance included, Chairman Robert Sanders, Vice Chairman Rick Reikenis, Lisa Gerard, Mary Hurley Lane, William Jacobson, and Cynthia Nalley. DDA staff in attendance included Raphael Clemente, Teneka James, Shelly Williams, Samantha Moore, Catherine Ast, Michelle Barascout, Sherryl Muriente, Tiffany Faublas, and Max Lohman Esq. (Lohman Law Group). Guests in attendance included Allison Justice, Amiekay Richcrick, Scott Lewis, Matt Campbell, Rolando Sanchez, Todd Stone, and Shana Ostrovitz.

CALL TO ORDER Chairman Sanders called the meeting to order at 8:41 a.m.

PUBLIC COMMENTS No public comments.

EXECUTIVE DIRECTOR’S REPORT Clemente provided a status update of current projects staff is working on.

- Office reopening: monitoring COVID-19 cases weekly and continuing to primarily work remotely, using the City, County and CDC guidelines.

- Budget preparations: proposed FY 20 – 21 will be presented in July at the Organizational Board Meeting.

- Clean Team plans to resume at the end of the month or in July if able to practice social distancing.

- Trolley operations are still suspended until further notice.

- $50,000 of $150,000 contributed to the City of WPB’s COVID-19 relief fund remaining, there are multiple applications pending approval.

PRESENTATIONS RFP 2020 - 001 Landscaping Services On March 3rd, the Downtown Development Authority (DDA) released a Request for Proposal (RFP) for Landscaping Services for Downtown West Palm Beach, via DemandStar, the DDA website and advertised th in the Palm Beach Post. A Mandatory Pre-Proposal meeting and site walk was held on March 10 with nine companies in attendance. Initially, the RFP closure date was March 31, 2020 then COVID arrived. The closure was extended until May 18, 2020 and the RFP was reissued to qualified bidders requiring electronic submission.

The scope of the RFP includes, but is not limited to: (Full scope and RFP is available upon request) Care and Maintenance includes; healthy, visually appealing, live plants. Fertilizer, pruning, trimming, cutting, mowing, hauling of debris, removal of trash and litter, proper disposal of all trimmings, trash and waste. Ability to properly provide all plants, materials, labor, equipment, vehicles and other items required to properly execute the services requested in this RFP. Provide inspection, operation and care of 300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833-8873|Fax: 561.833.5870| www.downtownwpb.com

the irrigation system parts that are above ground (timers, clocks, sprinklers, drip lines, etc.) to ensure proper irrigation of landscaping. FEMA First Pass services.

The following three (3) qualified proposal were received: Scott Lewis’ Gardening and Trimming, Inc., Superior Landscaping and Lawn Service, Inc., and V & S Landscaping, Inc. The proposals were evaluated based on the following factors: Evaluation Factors Factor Points

Total

1

35

2

30

3

25

4

5

5

5 100

Description Organizational Experience and understanding Company and staff have experience with similar jobs and government agencies. Company understanding of the needs of this RFP Finance and Value Overall price and value of services Ability Companies overall ability to properly provide services Local Preference Company with an established service office located within the City of West Palm Beach Environmentally Friendly / Sustainability Practices Extent to which company uses environmentally friendly, sustainable products, equipment and practices.

The Selection Committee Members for this RFP process included: Allison Justice - Interim Executive Director WPB CRA, Todd Snyder - City of WPB Parks Maintenance Operations Manager, Angela Biagi Downtown Resident and Director of Urban and Community Planning at WGI, Joe Roskowski – Engineer works Downtown and has a passion for plants, Sherryl Muriente -DDA Staff.

The selection Committee ranking meeting was held on June 2, 2020 and the scoring was as follows:

Ast explained that staff is requesting the Board select a contractor for Landscaping Services for Downtown West Palm Beach, based on the scope of work detailed in the RFP and to give staff authority to move forward with final contract negotiations to be presented to the Board in July for approval.

V & S Landscaping, Inc. declined the presenting to the board therefore forfeiting their proposal. After the presentations the board evaluated both proposals and discussed the selection committee scores.

Board Action: Reikenis made a motion to accept scoring from selection committee and award contract to Scott Lewis’ Gardening and Trimming, Inc. Gerard seconded the motion. The motion passed unanimously.

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

CONSENT CALENDAR Minutes of Regular Board Meeting of May 19, 2020 Board Action: Jacobson made a motion to approve the Minutes of May 19, 2020 Regular Board Meeting. Reikenis seconded the motion. The motion passed unanimously.

Financial Statements of May 31, 2020 Board Action: Jacobson made a motion to approve the Financial Statements of May 31, 2020. Reikenis seconded the motion. The motion passed unanimously.

OLD BUSINESS Incentive Grants Update James explained as a follow-up to the May board meeting, she reviewed the leasehold applications for the last 10 years, not including the façade grants. The façade grants on average have the most turnover rate, due to a new business opening they change the exterior sign and paint to represent their individual business.

- Special Project: Based on new unique concepts. Five applicants from 2011 to 2013 and two of the businesses have closed.

- Retail Loan and Grant: Leasehold improvement program. Two applicants in 2012. Virginia Phillip Wine Shop and Academy closed 3 years ago, and Café Sweets relocated from the 500 block. The former Café Sweets location is now the Annex, café attached to SubCulture Coffee.

- Business Relocation Grant: Leasehold improvement program. One applicant in 2012. Palm Beach Dramaworks is open and operating.

- Large Project Grant: Leasehold improvement program. Fifteen applicants from 2011 to 2020.

One building received this Incentive grant twice – 332 Evernia Street in 2011 and 2018. The improvements on the remaining projects have been maintained.

James also provided an update on the discussion with the property owners and brokers and next steps on how we can assist tenants downtown. She explained that based on the feedback from the meeting most tenants are looking for assistance with connections to banks for small business loans. She would recommend temporarily bringing back the Tier 1 grants program with some modifications.

Board Action: Hurley Lane made a motion to bring back Tier 1 grants with board approved modifications for a one-year period not to exceed $75,000. Reikenis seconded the motion. The motion passed unanimously.

Dining on the Spot Update Clemente and Muriente presented some examples of the locations and type of data being collected. They also shared photos of the tents and tables provided to downtown businesses. Feedback received from most customers is that they prefer outdoor dining. As of today, the Dining on the spot program has provided outdoor seating to 27 businesses. There are an additional 4 locations in the 500 block that will be installed as well. The contract with Grimes rentals is about $50,000 which will allow for a full 2 months of use for businesses. Prior to exhausting all our funding, the plan is to connect any business that wants to continue using the equipment with Grimes rentals.

NEW BUSINESS 1909 Knight Foundation matching grant Shana Ostrovitz, Executive Director for 1909, provided background information about 1909 and explained the details of how they plan utilize the requested funding. 1909 is a non-profit coworking, business mentorship, and entrepreneurial support organization located at 313 Datura Street. In

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

response to the dramatic impacts of Coronavirus on businesses in West Palm Beach, PROJECT 1909 was created to as a capacity building initiative to support local businesses.

PROJECT 1909 will assist local businesses by providing expertise for necessary changes to their operations, technology, marketing, or other elements of their business model. The work will be performed by local businesspeople that are affiliated with or sourced by 1909.

As part of 1909’s ongoing partnership with the Knight Foundation, Knight has agreed to match any funds 1909 raises, up to $25,000 for this project. The DDA support PROJECT 1909 will be matched dollar for dollar by the Knight Foundation to be allocated to help businesses in Downtown West Palm Beach.

The board asked Ostrovitz to provide reporting on how the funds are disbursed to downtown businesses during the process and at the end of PROJECT 1909.

Board Action: Reikenis made a motion to contribute up to $12,500 matching funds to the 1909 grant program. Gerard seconded the motion. The motion passed unanimously.

ANNOUNCEMENTS Proposed Public Hearing Dates: First Public Hearing Tuesday September 1, 2020 at 5:05pm Final Public Hearing Monday September 14, 2020 at 5:05pm Board Action: Jacobson made a motion to accept proposed First and Final Public Hearing Dates. Hurley Lane seconded the motion. The motion passed unanimously.

Lohman advised that a vote will be required during the organizational meeting in July.

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

Board Action: Hurley Lane made a motion to adjourn the meeting at 10:43 a.m.

Reikenis seconded the motion. The motion passed unanimously.

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

West Palm Beach Downtown Development Authority Balance Sheet June 30, 2020 ASSETS Current Assets

PNC Bank Operating Seacoast Bank - Money Market Petty Cash

4,379,054 158,992 50

Total Current Assets Other Assets Lease Security Deposit

4,538,096

23,000

Total Other Assets

23,000

Total Assets

4,561,096

CURRENT LIABILITIES

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

7 1 763 0 771

West Palm Beach Downtown Development Authority

Fund Balance Net Income

3,004,478 1,555,847

Total Fund Balance

4,560,325

Total Liabilities and Fund Balance

4,561,096

No CPA provides any assurance on these financial statements.

West Palm Beach Downtown Development Authority Statement of Revenues And Expenditures June 30, 2020 Month

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

Current Year Surplus (Deficit) DDA Carryforward CRA Carryforward

Total Carry Forwards Net Total Surplus (Deficit)

Year-to-Date

Trolley Gross Annual

Budget

Work Plan

Services

Y-T-D

Y-T-D

Budget

%

7,735

4,864,286

5,069,210

96.0%

2,578,021

65,988 50,978 20,469 158,460 4,882 1,581 13,199 69,768 0 11,876 0 5,150 0 402,351

475,668 577,369 388,313 855,520 46,701 18,506 135,856 634,842 30,390 119,777 13,985 11,512 0 3,308,439

1,301,533 1,495,590 1,461,033 1,711,224 150,500 35,300 306,867 890,000 27,000 150,000 16,500 20,000 265,123 7,830,670

36.5% 38.6% 26.6% 50.0% 31.0% 0.0% 44.3% 71.3% 112.6% 79.9% 84.8% 57.6% 0.0% 42.2%

344,138 577,369 0 61,386 46,701 18,506 135,856 634,842 30,390 119,777 13,985 11,512

(394,616)

1,555,847

(2,761,460)

10,656 92,593 103,249

199,354 1,254,066 1,453,420

536,612 2,224,848 2,761,460

(291,367)

3,009,267

0

37.2% 56.4% 0.0%

622,332

Marketing

Security

Incentives

Y-T-D

Y-T-D

Y-T-D

465,369

150,000

1,048,564

131,530 388,313 330,538

463,596

1,994,462

330,538

388,313

463,596

131,530

583,559

291,794

660,251

1,773

18,470

96,789 701,527 798,316

75,000 75,000

102,565 96,009 198,574

0 250,000 250,000

0 131,530 131,530

1,381,875

366,794

858,825

251,773

150,000

No CPA provides any assurance on these financial statements.

West Palm Beach Downtown Development Authority Supplemental Schedules

-

June 30, 2020 SCHEDULE 1 - CURRENT YEAR REVENUES Current Year Revenues Tax Revenues TIF DDA/City Interlocal Agreement DDA/CRA Interlocal CRA Project Funding Interest Income Virgin Trains USA Ticket Sales Sponsorships Fees and Services Grants and Contributions Total Reimbursements Other Miscellaneous Income Rosemary Square MOU Total Current Year Revenues

Gross

Month

Year-to-Date

Trolley

Annual

Budget

Budget

%

7,670 0 0 0 0 65 0 0 0 0 0 0 0

2,203,773 (2,045,520) 20,698 4,273,025 409,500 1,438 1,133 0 239 0 0 0 0

2,227,505 (2,045,520) 68,600 4,273,025 409,500 100 1,000 0 0 0 0 0 135,000

7,735

4,864,286

5,069,210

98.9% 100.0% 30.2% 100.0% 100.0% 1438.0% 113.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 96.0%

Work Plan

Services

Marketing

Security

Incentives

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

432,332 190,000

963,564 85,000

450,369 15,000

150,000

1,048,564

465,369

150,000

2,203,773 (2,045,520) 20,698 2,276,760 119,500 1,438 1,133 0 239 0 0 0 0 2,578,021

No CPA provides any assurance on these financial statements.

0 622,332

West Palm Beach Downtown Development Authority Supplemental Schedules June 30, 2020 Gross Month

Year-to-Date

SCHEDULE 2 - BUSINESS DEVELOPMENT Property and Buss Incentives 0 Facade Improvements 0 Leasing/Brokers Meeting 0 Total Business Training and Support 65,988 Business Partnerships 0 Grand Open/New Business 0

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

131,530 13,485 0 288,978 37,100 4,575

500,000 155,000 16,000 536,276 76,257 18,000

26.3% 8.7% 0.0% 53.9% 48.7% 25.4%

13,485 0 288,978 37,100 4,575

65,988

475,668

1,301,533

36.5%

344,138

SCHEDULE 3 - PUBLIC REALM MAINTENANCE 16,000 Clean Team 280 Graffitti Maintenance 1,000 Landscape Maintenance 21,348 Holiday Lights 0 Signage & Pedestrial Wayfinding 12,350 Capital Projects/Alleys 0

220,618 31,545 10,530 147,548 119,659 47,469 0

423,500 110,000 35,000 420,100 139,973 217,017 150,000

52.1% 28.7% 30.1% 35.1% 85.5% 21.9% 0.0%

220,618 31,545 10,530 147,548 119,659 47,469 0

Total Physical Environment

577,369

1,495,590

38.6%

577,369

Total Business Development

Pressure Washing/Street Clean

50,978

131,530

No CPA provides any assurance on these financial statements.

0

0

0

131,530

0

0

0

0

West Palm Beach Downtown Development Authority Supplemental Schedules June 30, 2020 Gross Month

SCHEDULE 4 - MARKETING/PR Collateral Materials

Year-to-Date

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

0 0 0 0 9,497 9,292 1,680

11,969 58,910 4,493 42,528 134,861 48,516 87,036

183,873 185,000 60,000 135,000 522,160 175,000 200,000

6.5% 31.8% 7.5% 31.5% 25.8% 27.7% 43.5%

20,469

388,313

1,461,033

26.6%

0

9,000 330,538 463,596 31,547 8,714 12,125

85,000 775,855 715,369 70,000 34,000 31,000

10.6% 42.6% 64.8% 45.1% 25.6% 39.1%

9,000

Residential Programming

0 14,850 143,610 0 0 0

31,547 8,714 12,125

Total Res. Services/Quality of Life

158,460

855,520

1,711,224

50.0%

61,386

PR/Marketing

Retail Promotion Value Added Events Advertising and Promotion Marketing Programs

Community & Cultural Promotion Total Marketing/PR

11,969 58,910 4,493 42,528 134,861 48,516 87,036 0

388,313

0

0

SCHEDULE 5 -NEIGHBORHOOD SERVICES Homeless Outreach

Transportation Security and Policing Public Space Programs Community Engagement

330,538 463,596

No CPA provides any assurance on these financial statements.

330,538

0

463,596

0

West Palm Beach Downtown Development Authority Supplemental Schedules June 30, 2020 Gross Month

SCHEDULE 6 - GENERAL OFFICE General Office Expense

Year-to-Date

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Equipment, Computers, Programs

1,887 0 2,995

5,973 484 40,244

50,000 22,500 78,000

11.9% 2.2% 51.6%

5,973 484 40,244

Total General Office

4,882

46,701

150,500

31.0%

46,701

Telephone Expense

500 0 307 230 69 475

4,500 4,348 3,541 716 268 5,133

0 16,000 7,000 3,000 300 9,000

0.0% 27.2% 50.6% 23.9% 89.3% 57.0%

4,500 4,348 3,541 716 268 5,133

Total Operations

1,581

18,506

35,300

52.4%

18,506

General Postage

SCHEDULE 7 - OPERATIONS Automobile Expense Dues Hospitality Board Meeting Publications

No CPA provides any assurance on these financial statements.

0

0

0

0

0

0

0

0

West Palm Beach Downtown Development Authority Supplemental Schedules June 30, 2020 Gross Month

Year-to-Date

SCHEDULE 8 - PROFESSIONAL SERVICES Accounting 2,000 Professional Service 10,656 Audit 0 Studies and Surveys 0 Legal 543 Total Professional Services

13,199

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

16,000 36,266 22,500 53,000 8,090

24,000 141,914 25,000 88,953 27,000

66.7% 25.6% 90.0% 59.6% 30.0%

16,000 36,266 22,500 53,000 8,090

135,856

306,867

44.3%

135,856

Some rounding error may occur.

No CPA provides any assurance on these financial statements.

0

0

0

0

MEMO To:

DDA Board

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

FROM: Teneka James-Feaman RE:

Tier One Grant

DATE: Tuesday, July 21, 2020

_________________________________________________________________________________________

As we continue in our efforts of supporting business in the DDA district, staff has proposed providing additional assistance through reinstating the Tier One Incentive Grant. This program will provide rental financial support for up to six (6) months. Staff researched additional rental assistance programs available in other downtown districts. The districts researched were Miami, Orlando, Ft Lauderdale, and Delray Beach.

Staff has provided an evaluation of the incentive application guidelines from 2012 with recommended updates for this year and an updated application for your review.

Staff is requesting approval of the Tier One Incentive Application.

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

Tier One Boundaries

2012 Olive Avenue, Dixie Highway, Quadrille Boulevard, Rosemary Avenue, Sapodilla Avenue from Banyan Boulevard to Gardenia Street, Includes properties adjacent to both sides of the listed streets.

DDA District

Proposed 2020/2021

100 – 500 blocks of Clematis Street (only available for ground floor retail projects) Retail businesses in ground floor level of residential condominiums in the area between Datura Street, Evernia Street, Fern Street, from Quadrille Boulevard (east of the FEC railroad tracks) to Flagler Drive Includes properties adjacent to both sides of listed streets (Maximum allowable amount not to exceed $10,000) in order to encourage new business development within the Downtown core.

Program Summary

not exceed $50,000 or the equivalent of the first 6-months rent minimum of 1 successful location or relocation of successful business or demonstrate proven success in that industry Formal three-year business plan.

First Payment: 50% of Award Amount will be paid upon business opening. Recipient must present a valid Business Tax Receipt, Signed Lease (minimum three years) and be open for business.

Second Payment: 50% of Award Amount will be paid six (6) months after opening. Recipient must provide a signed,

Not to exceed $15,000 for 6 months N/A – Only Available to current businesses located in the DDA District N/A – Grant is only available for current businesses in the DDA District – brick and mortar Financial Statements – one year or three consecutive quarters Payment issued to the landlord, upon approval of grant

notarized affidavit from Landlord or Landlord’s Legal Representative that Recipient is current with all Rent payments prior to any additional disbursement of grant funds.

Applications shall be reviewed by the DDA (Staff and Retail Loan and Grant Review Committee) in the order they are received.

Grants will no longer be approved once all allocated funds are exhausted A copy of proof of the lease or ownership interest in the business, or a commitment for lease must be submitted with application. This information must reflect lease rate and term information.

A cover letter with a brief history of your company and statement of amount requested

Tier One will be effective August 1, 2020 – September 30, 2021 Copy of the lease with a minimum 3-year lease term with minimum of 1 year remaining on lease agreement. Must be open and operating for a minimum of 1 year. Must be current / in good standing with the landlord

Small business assistance minimum one (1) employee, not to exceed fifteen (15) employees

TIER ONE GRANT PROGRAM SUMMARY AND REQUIREMENTS PROGRAM OVERVIEW This incentive program offered by the West Palm Beach Downtown Development Authority (DDA) is intended to assist businesses located in the DDA district during the pandemic COVID-19.

INCENTIVE BOUNDARIES DDA District Grant amounts may be available for up to 6 months of rent with a maximum set at $15,000.

Funding is approved by the DDA and reimbursed to the Landlord.

The funding for this program is limited, therefore, it is administered on a first come, first serve basis.

This grant program is available August 1, 2020 – September 30, 2021.

PROGRAM SUMMARY •

The Tier One Grant Program shall not exceed $15,000 or the equivalent of the first 6 months rent. The total grant amount may be less based on DDA (Staff, Review Committee and Board) recommendations.

•

If approved, payment is issued to the landlord upon receipt of a W9.

•

All applications must include appropriate documentation outlined in Eligibility and Application Requirements. Inadequately documented applications may be rejected.

•

Applications shall be reviewed by the DDA (Staff and Retail Loan and Grant Review Committee) in the order they are received.

•

Grants will no longer be approved once all allocated funds are exhausted. Grant is available August 1, 2020 – September 30, 2021.

•

Once the Retail Loan and Grant Committee has reviewed the application(s), it is submitted to the DDA Board of Directors for review and approval. The applicant will receive notification detailing all of the terms and conditions of the grant, including, but not limited to the amount of the grant; the approved uses for the proceeds; any reporting requirements to be met by the applicant; and any conditions required to be met prior to closing. The processing and approval of projects may take up to 12 weeks.

ELIGIBILITY AND APPLICATION REQUIREMENTS  Application Fee - $89 Paid to the West Palm Beach Downtown Development Authority This fee is to complete a Background check. ($89 per applicant or owner)  Incentive Boundaries: DDA District  There must be no liens or taxes due on the property.  Small business assistance minimum one (1) employee, not to exceed fifteen (15) employees.  A cover letter with a brief history of your company.

- Financial Statements – one year or three consecutive quarters  A copy of proof of the lease. This information must reflect lease rate and term information.

- A minimum 3-year lease term with a minimum of 1 year remaining on lease agreement.

- The business must be open and operating for a minimum of 1 year.

- Must be current and in good standing with the landlord.

Additional information may be requested by the DDA (Staff, Review Committee or Board) Inadequately documented applications will not be reviewed. Be sure to include all necessary documentation.

I have read and understand the eligibility requirements for the Tier One Grant Program.

_______________________________________________________________________________ Applicant(s) Signature Date For additional information contact: Teneka James-Feaman, Associate Executive Director West Palm Beach Downtown Development Authority 300 Clematis Street, Suite 200 West Palm Beach, Florida 33401 (561) 833-8873 Fax: (561) 833-5870 TJames@DowntownWPB.com

2

MEMO To:

DDA Board

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

From: Catherine Ast, FCP - CPTED District Services Manager RE:

Landscaping Contract

Date:

July 21, 2020

In June, the Board approved the Selection Committee recommendation to award a Landscaping Services Contract to Scott Lewis’ Gardening and Trimming. Included here you will find the contract for services through July 30, 2023 as well as the Exhibits showing scope of services, area of services and pricing.

This contract covers all areas that have been added for coverage of City properties listed in our interlocal agreement. City will reimburse DDA in the amount of $51,600.00 annually for those services. Beginning October 1, 2020, City Center will be added to that scope at $23,000.00 annually.

I will be billing the City monthly for the services to recoup costs.

My request is for Board approval of the Landscaping Contract with Scott Lewis’s Gardening and Trimming.

Thank you.

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

LANDSCAPING SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this _____ day of July, 2020, (“Effective Date”) by and between the West Palm Beach Downtown Development Authority, an Independent Special District (“DDA”), whose address is 300 Clematis Street, Suite 200, West Palm Beach, Florida 33401, and Scott Lewis’ Gardening and Trimming Inc., a Florida Profit Corporation (“Contractor”), whose address is 514 14th Street, West Palm Beach, FL 33401.

WHEREAS, the DDA desires to retain Contractor to provide the goods and services set forth in the DDA’s Request for Proposal to RFP 2020-001 (“RFP”) and as set forth in Contractor’s responsive bid thereto; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the DDA and Contractor agree as follows: ARTICLE 1.

INCORPORATION OF REQUEST FOR PROPOSAL AND RELATED DOCUMENTS The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the RFP together with the Contractor’s bid in response thereto, including all documentation included therein or required thereunder. In the event of a conflict between the terms, conditions, and specifications set forth in this Agreement, the RFP, and/or the Contractor’s bid in response to the RFP; the documents shall have precedence in the following order, this Agreement, then the RFP, and then the Contractor’s response to the RFP. The foregoing shall constitute the entire understanding and agreement of the DDA and the Contractor and no modification to this Agreement shall be effective for any reason unless the same is in writing and has been executed by the DDA and the Contractor.

ARTICLE 2.

DESCRIPTION OF GOODS OR SCOPE OF SERVICES Contractor shall provide the goods and/or perform those services identified in the scope of work set forth in the RFP and agreed upon in the attached Scope of Work (Exhibit A). Including all areas and work set forth in the RFP and agreed upon in the Service Area List and Map (Exhibit B). Additional requests for services may be made by the DDA at any time there is a need. Exhibit B may be amended by mutual agreement of the parties. The DDA Executive Director or designee shall have the authority to make such amendments on behalf of the DDA.

Page 1 of 7

ARTICLE 3.

COMPENSATION Contractor shall perform all work required in accordance with RFP 2020 – 001 for an amount not to exceed Three Hundred Ninety-Five Thousand Dollars ($395,000.00) per Fiscal Year (October 1 through September 20 the following calendar year). Contractor shall receive a 2.5% Cost of Living Adjustment (COLA) effective October 1st of each year beginning October 1, 2021.

All plant replacements, irrigation repairs, tree trimming, hand watering and any other items that are not included in the routine maintenance and care of the landscaping will be billed separately based on the Fee Information Sheet included in the Contractor’s Response to the RFP and made a part hereof.

The DDA shall pay Contractor monthly based on the cost set forth in the Fee Information Sheet within 15 days of receipt of Contractor’s invoice for the Landscaping Services.

ARTICLE 4.

MISCELLANEOUS PROVISIONS a.

Notice. All notices or other written communications required, contemplated, or

permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or sent via overnight courier (FedEx, UPS, DHL, etc…) with signature required upon delivery, to the following addresses: i.

As to the DDA:

West Palm Beach Downtown Development Authority 300 Clematis Street, Suite 200 West Palm Beach, Florida 33401 Attn: Raphael Clemente, Executive Director Email: rclemente@downtownwpb.com

ii.

with a copy to:

Lohman Law Group, P.A. 500 S. Australian Avenue, Suite 531 West Palm Beach, Florida 33401 Attn: R. Max Lohman, Esq. Email: max@lohmanlawgroup.com

iii.

As to the Contractor:

Scott Lewis’ Gardening and Trimming, Inc. 514 14th Street West Palm Beach, Florida 33401 Attn.: Scott Lewis, Owner Email: Scott@Scottlewisgardening.com

Page 2 of 7

b.

Headings. The headings contained in this Agreement are for convenience of

reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c.

Partial Invalidity – Severability.

If any term, covenant, condition or provision

of this Agreement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in force and effect and shall in no way be affected, impaired or invalidated. d.

Non-Assignment.

This Agreement may not be assigned without the prior

written consent of the DDA. e.

Ownership of Intellectual Property. Contractor agrees and acknowledges that all

documents, records, original drawings, images, logos, trademarks, slogans, artwork, written materials, drawings, photographs, graphic materials, films, music and any other intellectual property created pursuant to this Agreement shall be the property of the DDA for its use and distribution as may be deemed appropriate by the DDA. f.

Independent Contractor.

Contractor agrees that it is an independent contractor

and not an agent of the DDA g.

Insurance and Indemnity.

Contractor agrees to procure and maintain the

insurance required by the RFP and to indemnify the DDA in accordance with the terms and condition set forth in the RFP. h.

Fiscal Funding Out.

This Agreement and the obligations of the DDA hereunder

are subject to and contingent upon the lawful annual appropriations sufficient to fund this Agreement by the DDA. A non-appropriate event shall not constitute a breach of this Agreement by the DDA. ARTICLE 5.

CONTRACT TERM The term of this Agreement shall be from June 1, 2020, the Effective Date, through July 30, 2023, unless otherwise terminated pursuant to Article 6. This agreement may be renewed for two (2) additional One (1) year terms, under the same terms and conditions, by mutual agreement of the parties unless modifications to the terms and conditions are approved in writing by both parties and attached as an addendum to this agreement.

ARTICLE 6.

Page 3 of 7

DEFAULT AND TERMINATION 6.1

The following shall constitute events of default by the DDA: a. The DDA shall at any time fail to pay, when due, any sums payable by the DDA

hereunder and such failure to pay continues for a period of fifteen (15) days after written notice of such failure is provided to the DDA by Contractor; or b. The DDA shall fail to perform, observe, or otherwise breach any of the other term, covenant, or condition of this Agreement, and such failure or breach shall continue for a period of thirty (30) days after notice thereof by Contractor to the DDA, or if the failure or breach is such that it cannot be cured within the thirty (30) day period, then only if the DDA fails to commence the cure thereof promptly and within the thirty (30) day period or thereafter fails to diligently continue in good faith until such failure or breach is fully cured.

6.2

The following shall constitute events of default by Contractor: a. Contractor fails to provide the goods and/or services in the manner specified in

this Agreement; or b. Contractor makes an assignment for the benefit of creditors or files a petition in bankruptcy or for reorganization or liquidation under a federal or state bankruptcy or insolvency act; or c. A receiver is appointed for Contractor, or for the property of Contractor, by any court and such appointment shall not have been dismissed within ninety (90) days from the date of such appointment; or d.

Contractor is dissolved or otherwise ceases operations and is incapable of

providing the goods and/or services in accordance with the Agreement; or e. Contractor shall fail to perform, observe, or otherwise breach any of the other term, covenant, or condition of this Agreement, and such failure or breach shall continue for a period of thirty (30) days after notice thereof by the DDA to Contractor, or if the failure or breach is such that it cannot be cured within the thirty (30) day period, then only if Contractor fails to commence the cure thereof promptly and within the thirty (30) day period or thereafter fails to diligently continue in good faith until such failure or breach is fully cured.

6.3

Upon the occurrence of an event of default described in paragraphs 6.1 or 6.2 above,

the non-defaulting party may terminate this Agreement by giving notice thereof to the defaulting party.

Page 4 of 7

6.4

The DDA may terminate this Agreement at any time without cause by providing

thirty (30) days written notice to Contractor.

6.5

This Contract shall be governed by the laws of the State of Florida. Venue for any

legal proceeding necessary to enforce the Contract will be in a court of competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.

No provision of this Contract is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any employees of the DDA and/or CONTRACTOR. 6.6

The failure of the DDA to insist in any one or more instances upon strict

performance of any one or more of the covenants, terms and conditions of this Agreement shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver of the DDA of any one of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing and signed by the DDA. ARTICLE 7.

PUBLIC RECORDS Notwithstanding anything contained herein, as provided under Section 119.0701, Fla. Stat., if the CONTRACTOR: (i) provides a service; and (ii) acts on behalf of the DDA as provided under Section 119.011(2) Fla. Stat., the CONTRACTOR shall comply with the requirements of Section 119.0701, Fla. Stat., as it may be amended from time to time The CONTRACTOR is specifically required to: A.

Keep and maintain public records required by the DDA to perform services as

provided under this Contract.

B.

Upon request from the DDA’S Custodian of Public Records, provide the DDA with

a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. The CONTRACTOR further agrees that all fees, charges and expenses shall be determined Page 5 of 7

in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time.

C.

Ensure that public records that are exempt, or confidential and exempt from public

records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the CONTRACTOR does not transfer the records to the public agency.

D.

Upon completion of the Contract the CONTRACTOR shall transfer, at no cost to

the DDA, all public records in possession of the CONTRACTOR unless notified by DDA’S representative/liaison, on behalf of the DDA’S Custodian of Public Records, to keep and maintain public records required by the DDA to perform the service. If the CONTRACTOR transfers all public records to the DDA upon completion of the Contract, the CONTRACTOR shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically by the CONTRACTOR must be provided to DDA, upon request of the DDA’S Custodian of Public Records, in a format that is compatible with the information technology systems of DDA, at no cost to DDA. Failure of the CONTRACTOR to comply with the requirements of this article shall be a material breach of this Contract. DDA shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. CONTRACTOR acknowledges that it has familiarized itself with the requirements of Chapter 119, Fla. Stat., and other requirements of state law applicable to public records not specifically set forth herein.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY, 300 CLEMATIS STREET, SUITE 200, WEST PALM BEACH, FLORIDA 33401, OR BY TELEPHONE AT 561-833-8873

[Signatures on next page.]

Page 6 of 7

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY

SCOTT LEWIS’ GARDENING & TRIMMING, INC., CONTRACTOR

By: _______________________________ Robert Sanders, Esq., CHAIRMAN

By: ________________________________ Scott Lewis, PRESIDENT

ATTEST

WITNESS

By: ______________________________

By: _______________________________

Print Name: _______________________

Print Name: ________________________

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

By: ________________________________ R. Max Lohman, Esq., General Counsel

Corporate Seal

Page 7 of 7

EXHIBIT A SCOPE OF WORK

The following service items shall be provided for all areas listed in the Scope of Services section of this RFP: The quantities listed are approximate, not guaranteed.

1. Providing landscape care and maintenance five (5) days a week within the Downtown District during daytime hours approved by the DDA. 2. Care and Maintenance includes; healthy, visually appealing, live plants. Fertilizer, pruning, trimming, mowing, hauling of landscape debris, removal of trash and litter, proper disposal of all trimmings, trash and waste.

3. Provide all plants, materials, labor, equipment, vehicles and other items required to properly execute the services requested in RFP 2020 - 001.

4. Maintain optimal plant life, keeping them in a condition that is always visually appealing.

5. Ensure all landscaping areas are free of dead plants, debris, weeds, trash and any other item that are not benefitting the overall health of the landscaping.

6. Provide inspection, operation and care of the irrigation system parts that are above ground (timers, clocks, sprinklers, drip lines, etc.) to ensure proper irrigation of landscaping.

7. Provide information to show that Proposer can truck in water and provide hand watering of any and all landscaping when necessary to maintain optimal plant and tree health. In the event this is required, pricing will be as stated on Fee Information Sheet. For extensive watering or extended periods, pricing will be provided with a quote for services and approved prior to watering.

8. Provide daily reporting for all tasks completed and issues found.

9. The Downtown has many businesses and residents that must be accommodated and therefore, we have multiple parameters regarding when certain types of work can be done and how certain tasks need to be done in order to not hinder the daily activities of our Downtown. Proposers will need to be flexible and accept direction from DDA regarding these parameters.

DDA recognizes there are times in which SLG is not in control of decision made with respect to plant replacement and irrigation. Nor do they control weather events, therefore, SLG will not be held responsible in the event that they are acting on a decision made by DDA, CRA or City staff.

Deliverables: Each of the following as described in the Scope of work 1) Provide healthy, visually appealing live plants in the hanging baskets on Clematis Street from Flagler Drive to Sapodilla Avenue.

2) Provide healthy, visually appealing, live plants in all plant beds described in this RFP. 3) Provide proper trimming, pruning, fertilization and care of all trees, in all areas described in this RFP. Annual cutting of trees will be priced based on Fee Information Sheet provided and only when requested and approved by DDA. 4) Provide mowing, edging, weed eating and fertilization to grass areas identified in this RFP. 5) Provide healthy, visually appealing maintenance and care to all hedges; keeping height at three feet or below whenever possible in all areas identified in this RFP. 6) Provide all equipment, labor, plants, fertilizers, trimming, pruning, watering, removal of landscape debris, trash and weeds in order to maintain a healthy, visually appealing, inviting and safe area around all properties listed in this RFP.

EXHIBIT B SERVICE AREA LIST AND MAP SERVICE AREA LIST: Landscape care and maintenance based on Contractors proposal as stated in Section 9 of RFP 2020 - 001, will include, but not be limited to, the following areas within the Downtown District: A1. Landscape care and maintenance for Clematis Street from the 100 blocks (North Clematis and South Clematis) through the 900 block of Clematis Street (This is Clematis Street from Flagler Drive to Tamarind Avenue). Included in these blocks are the following items: a. Hanging baskets b. All plant beds c. Trees d. Mowing of grass e. Weed eating f.

Edging

g. Removal of dirt and landscape debris from sidewalks of Clematis Street Monday - Friday

A2. Landscape care and maintenance for the following plant beds within the Downtown: THIS SECTION WILL BE ONLY ON AN AS NEEDED BASIS IN THE EVENT CITY AND OR PRIVATE BUSINESS IS NOT MAINTAINING. WILL BE A LA CARTE BILLING BASED ON FEE INFORMATION SHEET.

a. Beds at Dixie Hwy and Loftin St / Quadrille Blvd. b. Beds at Dixie Hwy and 5th St. c. Beds at Dixie Hwy and 4th St. d. Beds at Dixie Hwy and 3rd St. e. Beds in median of Dixie Hwy, from Quadrille Blvd / Loftin St. south to Banyan Blvd. f.

Bed at Banyan Blvd and Dixie Hwy.

g. Beds at Dixie Hwy and Datura St. h. Beds at intersection of Dixie Hwy and Evernia St. i.

Beds at intersection of Dixie Hwy and Fern St.

j.

Beds at the intersection of Dixie Hwy and Hibiscus Ave.

k. Beds at the intersection of Rosemary Ave and Datura St. l.

Beds at the intersection of Rosemary Ave and Evernia St.

A3. Landscape care and maintenance for the following trees and plant beds: a. All Oak trees along the roadway (public right of way) of Rosemary Ave., from Clematis St. south to Evernia St. and the circular beds around them.

A4. Landscape care and maintenance for the Seaboard Train Station (Tri-Rail) that includes: a. The area defined as the eastern side of the Railroad tracks, east to Tamarind Avenue; North to Banyan Boulevard and South to Fern Street. b. Include all plant beds, hedges, trees and grass. c. Litter and debris pick up. o

Cutting or annual trimming of trees will be based on pricing provided on Fee Information Sheet and will be approved prior to work being done.

A5. Landscape care and maintenance for the following City Parking Garages: m. Banyan Garage - includes the North, West and East sides of the garage; from the exterior wall of the garage to the edge of the roadway. n. Evernia Garage - Includes the West and South sides of the garage; from the exterior wall to the edge of the roadway. o. Clematis Garage - Includes the East and West sides of the garage; from the exterior wall on the East to the FEC right of way and from the exterior wall on the West to the property line. p. Police Garage - includes the South, North and West sides of the garage; from the exterior wall to the roadway on all three sides.

A6. Landscape care and maintenance for the City Surface Lot “Tent Site”; from the sidewalk edge inward to the paved lot.

A7. Landscape care and maintenance plan for the City Hall Complex and Parking Garage. This will take effect October 1, 2020. This area includes all trees and plant beds located on the City Hall property located between Banyan Boulevard and Clematis Street; from Quadrille Boulevard to Dixie Highway.

▪

Pricing for City Hall property will be $1,922.00 per month for landscape care and maintenance.

▪

Irrigation wet check will be $300.00 per month

A8. Provide FEMA First Pass as identified in EXHIBIT C. If so tasked by the DDA, in the event of a declaration of emergency by local officials.

EXHIBIT C FEMA FIRST PASS, CUT AND TOSS SERVICES First Pass, Cut and Toss services should follow the Federal Emergency Management Agency (FEMA) regulations for First Pass.

First Pass shall remove debris from roadways and sidewalks to make the area passable for vehicles and pedestrians. ➢ Top Priority: Within the DDA District Boundary. o Flagler Dr. from Okeechobee Blvd. (South Side) north to 7th St. o Loftin St. / Quadrille Blvd. from the Flagler Bridge to Okeechobee Blvd. o Clematis St. from Flagler Dr. to Tamarind Ave. o Banyan Blvd. from Australian Ave. to Flagler Dr. ➢ Second Priority: Within the DDA District Boundary. o Olive Ave. from Okeechobee Blvd. to 7th St. o Dixie Hwy. from Okeechobee Blvd. to 7th St. o Rosemary Ave. from Banyan Blvd. to Fern St. o Sapodilla Ave. from Banyan Blvd. to Fern St. o Tamarind Ave. from Banyan Blvd. to Okeechobee Blvd. o Australian Ave. from Banyan Blvd. to Okeechobee Blvd. ➢ Third Priority: Within the DDA District Boundary. o Datura St. from Flagler Dr. to Tamarind Ave. o Evernia St. from Flagler Dr. to Tamarind Ave. o Fern St. from Flagler Dr. to Tamarind Ave. o Gardenia St. from Olive Ave. to Quadrille Blvd. o Hibiscus St. from Olive Ave. to Quadrille Blvd. o Tanglewood Ct. from Chase St. to Dixie Hwy. o Chase St. from Okeechobee Blvd. to Flagler Dr. o Iris St. from Dixie Hwy. to Quadrille Blvd. o 2nd St. from Flagler Dr. to Olive Ave. o Narcissus Ave. from Flagler Dr. to Evernia St. o 3rd St. from Flagler Dr. to Quadrille Blvd. o 4th St. from Flagler Dr. to Quadrille Blvd. o 5th St. from Flagler Dr. to Quadrille Blvd. o 6th St. from Flagler Dr. to Railroad Ave. o 7th St. from Flagler Dr. to Railroad Ave.

The Contractor will coordinate and communicate with DDA during this process. And shall not proceed without prior written authorization from a DDA official.

MEMO To:

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

From: Raphael Clemente, Executive Director RE:

Resolution 5-2020 Budget and Amendment

Date: Tuesday, July 21, 2020 Attached, please find Resolution No. 5-2020 amending the 2019-2020 Amended Budget to accept funding from the City of West Palm Beach to further goals associated with The Thorofare project (12x12). Reduce funding from the Rosemary Square MOU and to transfer funding to cover unanticipated Insurance costs for property liability insurance.

DDA CLASS

ACCT NO.

DDA BUDGET DDA BUDGET AFTER BEFORE TRANSFER TRANSFER AMENDMENT TRANSFER

DDA

CRA

REVENUES DDA/City ILA Rosemary Square MOU Net increase/decrease

DDA DDA

4032 4060

68,600 135,000 203,600

6,500 (135,000) (128,500)

75,100 0 75,100

6,500 (135,000) (128,500)

0 0 0

EXPENDITURES Business Training and Support - 12x12 Advertising Transportation (Trolley) Net increase/decrease

DDA DDA DDA

6230-01 6120 7500

96,276 120,596 78,523 295,395

6,500 (60,000) (75,000) (128,500)

102,776 60,596 3,523 166,895

6,500 (60,000) (75,000) (128,500)

0 0 0 0

DDA

CRA

CRA CLASS

ACCT NO.

CRA BUDGET CRA BUDGET BEFORE TRANSFER AFTER TRANSFER AMENDMENT TRANSFER

REVENUES Net increase/decrease EXPENDITURES Insurance Travel and Training Net increase/decrease

CRA CRA

7100-00 7800

0

0

27,000 20,000

3,500 (3,500)

47,000

0

0 0

0 0

0 0

30,500 16,500 0 47,000

0 0 0 0

3,500 (3,500) 0 0

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

RESOLUTION NO. 05-2020 A RESOLUTION OF THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AMENDING THE ADOPTED 2019/2020 FISCAL YEAR BUDGET; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the West Palm Beach Downtown Development Authority adopted its Final 2019/2020 Fiscal Year Budget on September 17, 2019 by Resolution No. 7-2019; and WHEREAS, the West Palm Beach Downtown Development Authority amended its adopted budget by $50,000 on March 25, 2020 to add funding is from prior year’s fund balance and contingency fund, allocating those funds for specific purposes as outlined in Amended Budget from March 25, 2020; and WHEREAS, the Downtown Development Authority further amended its adopted budget to adjust the final carry forward amount from the 2018/2019 Fiscal Year DDA Budget and to allocate those funds for specific purposes as outlined in Exhibit A Amended Carryforward Budget April 21, 2020 to meet forecasted financial obligations in Fiscal Year 2019/2020; and WHEREAS, the Downtown Development Authority desires to further amend it adopted budget to remove $135,000 in funding from the Rosemary Square MOU by reducing 6120 Advertising by $60,000 and 7500 Transportation by $75,000; add $6,500 in additional funding to 6230-01 Business Training and Support 12x12 with funding from the City of West Palm Beach; reallocate $3,500 funding from Travel and Training to 7100-00 Insurance Expense.

NOW, THEREFORE, BE IT RESOLVED BY THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY THAT: Section 1: The recitals set forth above are true and correct and are incorporated herein and are a part hereof by this reference.

Section 2: This Resolution amending the adopted 2019/2020 Fiscal Year Budget shall be attached to and made a part of said budget.

Section 3:

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 21st day of July 2020.

DOWNTOWN DEVELOPMENT AUTHORITY ________________________________________ Robert Sanders, Esq., CHAIRMAN ATTEST: ___________________________ CERTIFICATE I the undersigned, Executive Director of the West Palm Beach Downtown Development Authority, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by said Authority on the 21st day of July 2020. ___________________________________ RAPHAEL CLEMENTE EXECUTIVE DIRECTOR

West Palm Beach Downtown Development Authority FY 2019/2020 Amended Carryforward Budget July 21, 2020 Resolution No. 05-2020 Exhibit A

4010 4020 4030 4032 4035 4040 4046 4047 4048 4050 4060 4070 4071 4072 4080

Tax Revenues $ TIF DDA/CRA Interlocal Agreement DDA/City Interlocal Agreement CRA Project Funding Marketing/Sponsors/Dues Reimbursements - Physical Environment Reimbursements - Business Devlopment Reimbursements - Marketing & PR Interest - First Bank Rosemary Square MOU Grants Fees/Services Sponsorships Virgin Trains USA Ticket Sales Carryforwards Total Revenue $

2019-2020 DDA 2,227,505 $ (2,045,520) 0 75,100 0 0 0 0 0 100 0 0 0 0 1,000 0 258,185 $

2019-2020 CRA

2019-2020 DDA

2019-2020 CRA

CRA/City Project Fund

0 4,273,025 0 0 0 0 0 0 0 0 0 0 0 0 0 4,273,025

$

$

CRA Carry Forward DDA Carry Forward

0 0 0 409,500 0 0 0 0 0 0 0 0 0 0 0 409,500 CRA/City Project Fund

$

$

0 0 0 0 0 0 0 0 0 0 0 0 0 0 2,224,848 2,224,848

$

$

0 0 0 0 0 0 0 0 0 0 0 0 0 0 536,612 536,612

$

$

Grand Total 2,227,505 (2,045,520) 4,273,025 75,100 409,500 0 0 0 0 100 0 0 0 0 1,000 2,761,460 7,702,170 Grand Total

CRA Carry Forward DDA Carry Forward

6140

Business Development Grand Openings/New Business Training

6195

Leasing/Brokers Meetings

0

14,000

0

2,000

0

16,000

6230

Business Training and Support

0

40,000

0

300,000

100,000

440,000

$

6230-01 Business Training and Support - 12x12

-

$

6,000

$

-

$

12,000

$

-

$

18,000

26,500

0

0

0

76,276

102,776

6240

Faรงade Improvement Programs

0

70,000

0

85,000

0

155,000

6320

Property & Business Incentives

0

150,000

0

350,000

0

500,000

6330

Business Partnerships Totals

$

1,000 27,500

$

55,000 335,000

0 $

-

$

20,000 769,000

$

257 176,533

$

76,257 1,308,033

West Palm Beach Downtown Development Authority FY 2019/2020 Amended Carryforward Budget July 21, 2020 Resolution No. 05-2020 Exhibit A 2019-2020 DDA

6220

Public Realm Maintenance Holiday Lights

6236

Pressure Washing, Cleaning & Maintenance

6245

Signage and Pedestrial Wayfinding

6270

Landscape Maintenance

6280

$

0

$

2019-2020 CRA 80,000

CRA/City Project Fund $

-

CRA Carry Forward 59,973

DDA Carry Forward

300,000

$

25,000

98,500

0

$

-

$

Grand TOTAL 139,973 423,500

0

0

0

217,017

0

217,017

48,600

240,000

81,500

50,000

0

420,100

Graffitti Removal

0

25,000

0

10,000

0

35,000

6290

Capital Projects

0

0

0

150,000

0

150,000

6295

Clean Team

0 48,600

Totals

6120 6122 6190 6210 6235 7700 6300

Marketing /Public Relations Advertising PR/Marketing Retail Promotions Community and Cultural Promotions Value Added Events Marketing Programs, Equipment & Web Collateral Materials

2019-2020 DDA $

-

$

$

2019-2020 CRA 20,000 30,000 432,332 450,369 20,000 30,000 982,701

$

Neighborhood Services Residential Programming Community Engagement Transportation (Trolley) Security and Policing Public Space Programs Homeless Outreach Totals $

-

2019-2020 DDA 11,000 0 0 0 0 0 11,000

90,000 735,000 2019-2020 CRA 391,564 185,000 25,000 60,000 127,000 100,000 75,000 963,564

0 0 0 0 0 0 Totals $

6372 6375 7500 7600 7605 7610

$

$

0 106,500

CRA/City Project Fund $ -

$

0 0 85,000 0 0 0 85,000

$

$

0 -

$

CRA Carry Forward $ 10,000 0 35,000 25,000 8,000 75,000 0 $ 153,000

DDA Carry Forward $ 60,596 0 0 30,000 0 0 108,873 $ 199,469

CRA Carry Forward

DDA Carry Forward

CRA/City Project Fund 0 0 190,000 15,000 0 0 205,000

20,000 605,490

$

0 4,000 75,000 250,000 50,000 0 379,000

$

0 0 3,523 0 0 55,000 58,523

$

110,000 1,495,590

$

Grand TOTAL 462,160 185,000 60,000 200,000 135,000 175,000 183,873 1,401,033

$

Grand TOTAL 31,000 34,000 700,855 715,369 70,000 85,000 1,636,224

$

West Palm Beach Downtown Development Authority FY 2019/2020 Amended Carryforward Budget July 21, 2020 Resolution No. 05-2020 Exhibit A

6010 6040 6030 6050

6420 6430 6440 6450 6460

6241 6510 6520 6530 6540

General Office General Office Equipment, Computers & Programs General Postage Office Supplies

2019-2020 DDA $

Totals $

Totals $

2019-2020 DDA 16,000 7,000 3,000 300 0 26,300

Personnel Insurance Rent Tax Collection Travel & Training Reserves

$

$

$

Totals $ Total Expenses

24,000 0 27,000 0 51,000 2019-2020 DDA 60,490 0 16,795 16,500 0 0 93,785 258,185

CRA/City Project Fund $

$

2019-2020 CRA

$

0 0 0 0 9,000 9,000

$

2019-2020 CRA 31,631 0 25,000 0 91,914 148,545

2019-2020 DDA

Totals $

7000 7100 7200 7300 7800 7900

$ 0 0 0 -

Operations Dues Hospitality Board Meetings/Retreat/Training Publications Telephone

Professional Services Studies and Surveys Accounting Audit Legal Professional Services

-

2019-2020 CRA 50,000 78,000 9,500 0 137,500

$

$

2019-2020 CRA 781,510 30,500 133,205 0 16,500 961,715 4,273,025

CRA Carry Forward

0 13,000 0 13,000

$

$

$

$

$

0 0 0 0 -

CRA Carry Forward $ 57,322 0 0 0 0 $ 57,322

0 0 0 0 0 -

CRA Carry Forward

$

0 0 0 0 0

$

$

409,500

$

$

Grand TOTAL 50,000 78,000 22,500 0 150,500

$

Grand TOTAL 16,000 7,000 3,000 300 9,000 35,300

$ $

Grand TOTAL 88,953 24,000 25,000 27,000 141,914 306,867

$

DDA Carry Forward

0 0 0 0 0 -

CRA/City Project Fund

0 0 0 -

$

CRA Carry Forward

CRA/City Project Fund $

0 0 0 -

$

CRA/City Project Fund

DDA Carry Forward

0 0 0 0 261,036 261,036 2,224,848

0 0 0 0 0 -

$ DDA Carry Forward $

$

0 0 0 50,000 50,000

DDA Carry Forward $ 48,000 0 0 0 0 4,087 $ 52,087 536,612

$

$

Grand TOTAL 890,000 30,500 150,000 16,500 16,500 265,123 1,368,623 7,702,170

WEST PALM BEACH DDA BUDGET TRANSFER/AMENDEMENT FY 20 Budget Amendment #3 DDA CLASS REVENUES DDA/City ILA Rosemary Square MOU

DDA DDA

ACCT NO.

4032 4060

Net increase/decrease

EXPENDITURES Business Training and Support - 12x12 Advertising Transportation (Trolley)

Net increase/decrease

DDA DDA DDA

6230-01 6120 7500

DDA BUDGET BEFORE TRANSFER

TRANSFER AMENDMENT

DDA BUDGET AFTER TRANSFER

DDA

CRA

68,600 135,000

6,500 (135,000)

75,100 0

6,500 (135,000)

0 0

203,600

(128,500)

75,100

(128,500)

0

96,276 120,596 78,523

6,500 (60,000) (75,000)

102,776 60,596 3,523

6,500 (60,000) (75,000)

0 0 0

295,395

(128,500) 0

166,895

(128,500)

0

WEST PALM BEACH DDA BUDGET TRANSFER/AMENDEMENT FY 20 Budget Amendment #3 CRA CLASS

ACCT NO.

CRA BUDGET BEFORE TRANSFER

CRA BUDGET TRANSFER AFTER AMENDMENT TRANSFER

REVENUES

Net increase/decrease

EXPENDITURES Insurance Travel and Training Net increase/decrease

0

CRA CRA

7100-00 7800

27,000 20,000 47,000

0

3,500 (3,500) 0 0

DDA

CRA

0

0

0

0

0

0

30,500 16,500 0 47,000

0 0 0 0

3,500 (3,500) 0 0

RESOLUTION NO. 6-2020 A RESOLUTION OF THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY TRANSMITTING A PROPOSED BUDGET FOR THE INCREMENT OF THE SECOND MIL OF AD VALOREM TAXATION TO THE CITY OF WEST PALM BEACH PURSUANT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the City of West Palm Beach (City) has exempted the Downtown Development Authority (DDA) from the requirement to fund the redevelopment trust fund with the increment generated by the second mil of DDA ad valorem taxation; and WHEREAS, the City and the DDA have entered into an Interlocal Agreement effectuating that exemption; and WHEREAS, the Interlocal Agreement requires the DDA to provide the City with the proposed budget for the increment of the second mil of ad valorem taxation; and WHEREAS, the DDA has considered and approved a proposed budget for the increment of the second mil of ad valorem taxation.

NOW, THEREFORE, BE IT RESOLVED BY THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY THAT: Section 1: The Downtown Development Authority’s proposed budget for the increment of its second mil of ad valorem taxation is as follows: Trolley Contract Service Personnel Overhead TOTAL Marketing, Public Relations/Business Development Marketing Personnel Overhead TOTAL

$712,225 $ 25,000 $ 10,000 $ 747,225

$489,622 $ 25,000 $ 10,000

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

$ 524,622

Physical Environment /Residential Services Programs, Maintenance/Security/Residential/Community Personnel Overhead

$988,924 $ 15,000 $ 10,000 $ 1,013,924

TOTAL 2nd Mil Increment

$2,285,771

Section 2:

This resolution shall become effective immediately upon adoption.

Section 3:

The Executive Director is directed to transmit a copy of this Resolution to the Mayor of the City of West Palm Beach immediately upon its adoption.

PASSED AND ADOPTED THIS 21st DAY OF JULY 2020.

DOWNTOWN DEVELOPMENT AUTHORITY

_______________________________________ Bob Sanders, Esq. CHAIRMAN

ATTEST: _________________________

CERTIFICATE

I, the undersigned, Executive Director of the West Palm Beach Downtown Development Authority, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by said Authority on the 21st day of July 2020.

____________________________________ RAPHAEL CLEMENTE EXECUTIVE DIRECTOR

West Palm Beach Downtown Development Authority FY 2020/2021 Preliminary Budget July 21, 2020 Resolution No. 06-2020 Exhibit A

4010 4020 4030 4032 4035 4040 4046 4047 4048 4050 4060 4070 4071 4072 4080

Tax Revenues $ TIF DDA/CRA Interlocal Agreement DDA/City Interlocal Agreement CRA Project Funding Marketing/Sponsors/Dues Reimbursements - Physical Environment Reimbursements - Business Devlopment Reimbursements - Marketing & PR Interest - Seacoast Bank Rosemary Square MOU Grants Fees/Services Sponsorships Virgin Trains USA Ticket Sales Carryforwards Total Revenue $

2020-2021 DDA 2,285,771 $ (2,103,786) 0 48,600 0 0 0 0 0 100 0 0 0 0 0 0 230,685 $

2020-2021 CRA

2020-2021 DDA

2020-2021 CRA

CRA/City Project Fund

0 4,389,557 0 0 0 0 0 0 0 0 0 0 0 0 0 4,389,557

$

$

CRA Carry Forward DDA Carry Forward

0 0 0 385,000 0 0 0 0 0 0 0 0 0 0 0 385,000 CRA/City Project Fund

$

$

0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,727,500 1,727,500

$

$

0 0 0 0 0 0 0 0 0 0 0 0 0 0 400,000 400,000

$

$

Grand Total 2,285,771 (2,103,786) 4,389,557 48,600 385,000 0 0 0 0 100 0 0 0 0 1,000 2,127,500 7,132,742 Grand Total

CRA Carry Forward DDA Carry Forward

6140

Business Development Grand Openings/New Business Training

6195

Leasing/Brokers Meetings

0

26,000

0

0

0

26,000

6230

Business Training and Support

0

125,000

50,000

150,000

0

325,000 57,982

$

-

6230-01 Business Training and Support - 12x12

$

18,000

$

-

$

-

$

-

$

18,000

0

0

0

0

57,982

6240

Faรงade Improvement Programs

0

75,000

0

0

0

75,000

6320

Property & Business Incentives

0

150,000

0

300,000

0

450,000

6330

Business Partnerships

0 Totals

$

-

$

55,000 449,000

$

0 50,000

$

28,000 478,000

$

57,982

$

83,000 1,034,982

West Palm Beach Downtown Development Authority FY 2020/2021 Preliminary Budget July 21, 2020 Resolution No. 06-2020 Exhibit A 2019-2020 DDA

2019-2020 CRA 80,000

CRA/City Project Fund $

-

CRA Carry Forward 45,000

DDA Carry Forward

Grand TOTAL 125,000

300,000

$

25,000

25,000

0

350,000

6220

Public Realm Maintenance Holiday Lights

6236

Pressure Washing, Cleaning & Maintenance

0

6245

Signage and Pedestrial Wayfinding

0

0

0

50,000

0

50,000

6270

Landscape Maintenance

48,600

240,000

80,000

0

0

368,600

6280

Graffitti Removal

0

25,000

0

0

0

25,000

6290

Capital Projects

0

0

0

150,000

0

150,000

6295

Clean Team

$

0 48,600

Totals

6120 6122 6190 6210 6235 7700 6300

Marketing /Public Relations Advertising PR/Marketing Retail Promotions Community and Cultural Promotions Value Added Events Marketing Programs, Equipment & Web Collateral Materials

$

$

2020-2021 DDA $

-

Neighborhood Services Residential Programming Community Engagement Transportation (Trolley) Security and Policing Public Space Programs Homeless Outreach Totals $

2020-2021 DDA 11,000 0 0 0 0 0 11,000

$

0 105,000

CRA/City Project Fund $ -

$

CRA/City Project Fund

$

2020-2021 CRA 20,000 30,000 432,332 450,369 56,260 0 988,961

$

-

90,000 735,000 2020-2021 CRA 420,000 185,000 25,000 69,000 127,000 125,000 75,000 1,026,000

0 0 0 0 0 0 Totals $

6372 6375 7500 7600 7605 7610

-

$

0 0 55,000 0 0 0 55,000

$

$

$

50,000 76,000 60,000 100,000 45,000 541,000

$

0 -

$

$

DDA Carry Forward

$

45,000 45,000

$

$

Grand TOTAL 31,000 30,000 682,332 565,369 56,260 79,000 1,443,961

DDA Carry Forward

$

0 0 0 0 0 79,000 79,000

97,000 1,165,600 Grand TOTAL 630,000 185,000 75,000 200,000 187,000 225,000 165,000 1,667,000

$

CRA Carry Forward 0 0 75,000 115,000 0 0 190,000

-

$

CRA Carry Forward $ 210,000

0 0 175,000 0 0 175,000

7,000 277,000

$

West Palm Beach Downtown Development Authority FY 2020/2021 Preliminary Budget July 21, 2020 Resolution No. 06-2020 Exhibit A

6010 6040 6030

6420 6430 6440 6450 6460

6241 6510 6520 6530 6540

General Office General Office Equipment, Computers & Programs General Postage

2019-2020 DDA $

Personnel Insurance Rent Tax Collection Travel & Training Reserves

$

Totals $

Totals $

2020-2021 DDA 11,000 7,000 3,500 300 9,000 30,800

$

$

$

Totals $ Total Expenses

24,000 0 20,000 0 44,000 2020-2021 DDA 78,285 0 18,000 0 0 96,285 230,685

CRA/City Project Fund

78,000 1,800 79,800

$

0

$

-

2020-2021 CRA

$

$

2020-2021 CRA 30,000 0 27,000 0 0 57,000

$

$

CRA Carry Forward $ 25,000 0 21,500 $ 46,500

CRA/City Project Fund 0 0 0 0 0 -

2020-2021 DDA

Totals $

7000 7100 7200 7300 7800 7900

0 0 -

Operations Dues Hospitality Board Meetings/Retreat/Training Publications Telephone

Professional Services Studies and Surveys Accounting Audit Legal Professional Services

2019-2020 CRA

2020-2021 CRA 808,000 30,796 190,000 0 25,000 0 1,053,796 4,389,557

$

CRA Carry Forward 0 0 0 0 0 -

$

0 0 0 0 -

CRA Carry Forward $ 20,000 0 0 0 75,000 $ 95,000

CRA/City Project Fund $

$ CRA/City Project Fund $

$

0 0 0 0 0 -

DDA Carry Forward $

$

DDA Carry Forward 5,000 0 0 0 0 $ 5,000

$

385,000

$

0 0 0 0 100,000 100,000 1,727,500

$

$

Grand TOTAL 16,000 7,000 3,500 300 9,000 35,800

$ $

Grand TOTAL 50,000 24,000 27,000 20,000 75,000 196,000

$

DDA Carry Forward $

0 0 0

$

CRA Carry Forward 0 0 0 0 0

0 0 -

Grand TOTAL 25,000 78,000 23,300 126,300

DDA Carry Forward

$

$

0 0 0 0 213,018 213,018 400,000

$

Grand TOTAL 886,285 30,796 190,000 18,000 25,000 313,018 1,463,099 7,132,742