October 15, 2019 DDA Board Packet

REGULAR BOARD MEETING Downtown Development Authority Tuesday, October 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 •

Comcast Spotlight Recap and Contract Renewal (Action Required)

•

RFP 2019-002 Website Presentations (Action Required)

Teneka James

•

RFP 2019-003 Holiday Lights Presentations (Action Required)

Catherine Ast

•

Related Presentation (Action Required)

•

Banyan Blvd Improvement Project & Trolley Expansion

CONSENT CALENDAR (Action Required) •

Minutes of First Public Budget Hearing of September 10, 2019

•

Minutes of Regular Board Meeting of September 17, 2019

•

Minutes of Final Public Budget Hearing of September 17, 2019

•

Financial Statements of September 30, 2019

Dillon Tracey

Raphael Clemente Uyen Dang Robert Sanders

OLD BUSINESS (Action Required) •

Interlocal Agreement Extension

•

Wayfinding Contract

Raphael Clemente Catherine Ast

NEW BUSINESS (Action Required) •

Teneka James-Feaman

Business Incentive Grants

ANNOUNCEMENTS ADJOURNMENT Ph: 561.833.8873 Fax: 561.833.5870 www.downtownwpb.com

UPCOMING EVENTS Bike Valet Every Saturday through April; 8:30am – 1:30pm City Hall Courtyard – 401 Clematis St. Assemblage: A Creative Cluster - “Nature” Wednesday, October 23, 2019 | 5:30pm - 8pm PATHOS - 319 Clematis St., Suite 110 Clematis Streetscape Grand Reopening Thursday, November 7, 2019 | Time - TBD 200 Block Clematis St. Roam the Road Date TBD Dixie Hwy. Between Clematis St. to Fern St.

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: Teneka James-Feaman RE:

Comcast Spotlight update and request for renewal

DATE: Tuesday, October 15, 2019

_________________________________________________________________________________________

In preparation for the next fiscal year staff has reviewed the marketing agreements including radio, print and online. Each year, we define our communication outreach based on our market survey and analytical data.

Our 2018 Market survey, the data stated how people receive their information for local news and information. The top mentions included: 1.

2.

3.

4.

5.

Television Newspaper/Print Online/Internet Social Media Radio

In 2018 the DDA Board approved a one-year contract with Comcast Spotlight, a company that provides the largest reach for television communications. The proposal included five zones on sixteen channels and is covered on all devices. The zones are considered our drive market to Downtown West Palm Beach. The five zones are Palm Beach Gardens, West Palm Beach, Central Palm Beach, Wellington, Delray Beach and Boca Raton.

Staff has invited representatives from Comcast to join us and present the Comcast Spotlight update.

Staff will be requesting Board approval to begin negotiations for a new contract not to exceed $150,000 for fiscal year 2019-2020. The new agreement will be brought back to the board in November 2019.

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: Teneka James-Feaman RE:

Website Design, Build and Maintenance RFP 2019-002 Finalists Presentations

DATE: Tuesday, October 15, 2019

_________________________________________________________________________________________

In July, the Downtown Development Authority (DDA) released a Request for Proposals (RFP) for Website Design, Build and Maintenance. The RFP was released via DemandStar, the DDA website and advertised in the Palm Beach Post.

The scope of the RFP includes the following consulting services to create a website for Downtown West Palm Beach that would convey the assets and unique qualities of the area and its many offerings in a way that is authentic, concise, and memorable. The company awarded the project will oversee the Website Design, Content, Functionality, Maintenance and Support, Public Records and Florida Statues Compliance.

General Deliverables a. Preliminary data search and results on website. b. Compliant with, at a minimum, Web Content Accessibility Guidelines (WCAG) 2.0 AA. c. ADA Compliant, Section 508. d. Multiple language support. e. Search Engine Optimization (SEO). f. Search Engine Marketing (SEM). g. Website must be designed for continuous operation 24 hours a day, 7 days a week, and 365 days a year. h. Disclosure of website framework, architectural pattern, wireframes, and technologies (HTML5, CSS, JavaScript, CMS, grid system, third-party libraries). i. Copyright and ownership rights relinquished to DDA shall include, but are not limited to, HTML, scripting code, images, videos, wireframes, database diagrams, framework code, web server code, libraries, assemblies, client code, database SQL, database procedural code, and database schema code. Source code and content held in escrow account. j. Web System Maintenance 300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833.8873 Fax: 561.833.5870 DowntownWPB.com

k. Database Integration Selection Committee for this RFP process included: 1. Shane Savage – Pathos 2. John Franklin – PC Lan Techs 3. Marcela Sikora – Ideabar agency We received six (6) proposals. The agencies that submitted to the RFP are: 1. Reality Marketing Group 2. Infojini Inc. 3. SGS Technologie 4. Planit 5. Quest 6. Speak Creative The Selection Committee ranked each proposer based on the following scale: Evaluation Factors Factor Points Description Organizational Overview Experience, Strength, and Qualifications of Firm as it relates to this 1 25 solicitation Strategy and Program Development 3 45 Firm’s Technical Response to RFP’s Scope of Services Fee Information 4 30 Fee Proposal Total 100 Members of the Selection Committee ranked the following proposers as the top (3) three. These proposers will make oral presentations to the Board for final decision. Based on the Selection Committee results the three (3) companies presenting today are: -

Planit Proposal Quest Speak Creative

Each presenter will have 12 minutes for presentation and 3 minutes of Q&A (not to exceed 15 minutes). The DDA Board will evaluate each company after each presentation.

At this meeting, staff is requesting that the DDA Board award the contract for a Website and Maintenance Services company and execute an agreement.

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

MEMO TO:

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

FROM: Catherine Ast, FCP District Services Manager RE:

RFP 2019 – 003 Holiday Lighting for Clematis District

DATE: Tuesday, October 15, 2019 _________________________________________________________________________________________

In September, the Downtown Development Authority (DDA) released a Request for Proposal (RFP) for Holiday Lighting for the Clematis District, via Demandstar, the DDA website and advertised in the Palm Beach Post.

The scope of the RFP includes: • Our most loved Clematis Canopy Lights • Lights for the mid-block Oak Trees • Lit Garland for 200 – 500 blocks of Clematis Light Poles • Unlit Garland for the 600 block and Rosemary connecting to Rosemary Square • Asked for recommendations for lit decorations in the area • Includes installation, removal, maintenance of and storage of all Selection Committee Members who reviewed this Proposal are: • Stacy Blum, Downtown Resident • Jay Hartsock, Downtown Building Maintenance • Angela Poco, City of WPB Community Events • Joe Mingle, City of WPB Street Lighting Supervisor • Wendy Morse, City OF WPB Office of the Mayor We received two (2) qualified proposal from: • Florida CDI / Christmas Designers, Inc • Shellard Lighting Designs The Selection Committee ranking was completed on October 8, 2019 with the following results: • Florida CDI / Christmas Designers, Inc received an average score of 85.5 out of 100 • Shellard Lighting Designs, LLC received an average score of 59.10 out of 100 Both proposers will be presenting to the Board for scoring and selection. A draft agreement is included for Board Approval.

Thank You. 300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833.8873 Fax: 561.833.5870 DowntownWPB.com

MEMO To:

DDA Board

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

From: Raphael Clemente, Executive Director RE:

Rosemary Square Redevelopment

Date:

October 15th, 2019

Rosemary Square is undergoing its first redesign since the project opened as CityPlace over 20 years ago.

Related Companies is investing over $550 million in the next couple years, with plans to remake Rosemary as a vibrant community and neighborhood. In addition to a renovation of the public spaces, streetscapes and 360 Rosemary, a major portion of this reinvestment includes plans for the former Macy’s and Publix sites.

The former Macy’s location, now called 575 Rosemary, was recently rezoned by the city to allow for a new mixed-use development. Related Companies is proposing a residential and commercial project that includes workforce housing components and transit-oriented improvements to the site.

Related Companies is that the City rezone the Publix site at Fern and Rosemary to increase the height allowed on the property to allow for more density. In addition to the potential inclusion of a full-size grocery on the site, the project would include other amenities to benefit to the surrounding neighborhood.

Related is seeking the support of the Downtown Development Authority for the 575 Rosemary Site Plan and the rezoning of the Publix Site to allow up to 15 stories and additional uses.

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

300 Clematis Street, Suite 200 West Palm Beach, FL 33401 MINUTES First Public Budget Hearing Downtown Development Authority Tuesday, September 10, 2019 5:05 PM ATTENDANCE Board Members in attendance: Robert Sanders, Esq., Rick Reikenis, Lisa Gerard, Mary Hurley Lane, Cynthia Nalley, and William Jacobson, Esq. DDA staff in attendance included Raphael Clemente, Shelly Williams, Teneka James, Samantha Murrell, Michelle Barascout and Max Lohman (Lohman Law Group). No guests in attendance.

CALL TO ORDER Sanders called the meeting to order at 5:05 PM. PUBLIC HEARING FORMAT Lohman explained that by State law this budget hearing is a specific, detailed process that needs to be followed to undergo adoption of our millage and budget for Fiscal Year 2019-2020.

STAFF PRESENTATION OF PROPOSED MILLAGE RATE AND TENTATIVE BUDGET Clemente announced that in July, the DDA set the proposed millage rate at 2.0000 mills, which would result in a 14.5% increase in millage from the rolled back rate (1.7470) necessary to fund the budget.

Clemente stated that subsequent to that time, the DDA Board has continued to refine its budget, and staff is now proposing that the DDA set its millage rate at 1.0000 mill, which would result in a 42.8% decrease in millage from the rolled back rate (1.7470) necessary to fund the budget.

Clemente stated that a summary of the FY 2019-2020 Budget was previously submitted to the Board and asked if the Board had any questions.

PUBLIC COMMENTS AND QUESTIONS Lohman stated that there being no public comments or questions, the public comment portion of the meeting is closed.

ADOPTION OF PROPOSED MILLAGE RATE FOR FISCAL YEAR 2019-2020 Sanders called for a motion on the Adoption of the Proposed Millage Rate for Fiscal Year 2019-2020.

Board Action: Reikenis made the following motion: I move that the proposed millage rate for fiscal year 2019-2020 be set at 1.0000 mill with Hurley Lane seconding. The motion passed unanimously.

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

ADOPTION OF TENTATIVE BUDGET FOR FISCAL YEAR 2019-2020 Sanders called for a motion for the adoption of the Tentative Budget for fiscal year 2019-2020.

Board Action: Reikenis made the following motion: I move the adoption of the Fiscal year 2019-2020 tentative budget as presented with Gerard seconding. The motion passed unanimously.

ANNOUNCEMENT OF FINAL HEARING Clemente announced that the final budget hearing will be held on Tuesday, September 18, 2018 at 5:05 PM in the office of the Downtown Development Authority located at 300 Clematis Street, Suite 200, West Palm Beach, FL. 33401.

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

Board Action: Reikenis made a motion to adjourn the meeting at 5:07 PM with Hurley Lane seconding. The motion passed unanimously.

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

300 Clematis Street, Suite 200 West Palm Beach, FL 33401 MINUTES Regular Board Meeting Downtown Development Authority September 17, 2019

ATTENDANCE Board Members in attendance included, Chairman Robert Sanders, Esq., Vice Chairman Rick Reikenis, Lisa Gerard, Mary Hurley Lane, William Jacobson, Esq., Cynthia Nalley, and Upendo Shabazz. DDA staff in attendance included Raphael Clemente, Teneka James, Shelly Williams, Samantha Murrell, Sherryl Muriente, Tiffany Faublas, Catherine Ast, Michelle Barascout and Max Lohman Esq. (Lohman Law Group).

Guests in attendance included Allison Justice and William Roger Cummings. (Via conference call Don Bell Signs Representatives – Gary Bell, Frank Boanna, and Craig Trover.)

CALL TO ORDER Chairman Sanders called the meeting to order at 8:42 a.m.

PUBLIC COMMENTS No public comments.

PRESENTATIONS Downtown Neighborhood Association Quarterly Sponsorship Update Nalley provided an update regarding DNA memberships, social media engagement, and community involvement. She shared some of the events they participated in over the summer and invited the board to participate in the International coastal clean-up day on September 21 in which the DNA will be coordinating waterfront cleanup along Flagler Drive.

CONSENT CALENDAR Minutes of Regular Board Meeting of August 20, 2019.

Board Action: Reikenis made a motion to approve the Minutes of August 20, 2019.

Shabazz seconded the motion. The motion passed unanimously.

Financial Statements of August 31, 2019.

Board Action: Reikenis made a motion to approve the Financial Statements of August 31, 2019. Shabazz seconded the motion. The motion passed unanimously.

OLD BUSINESS ITB 2019-001 Pedestrian Level Wayfinding In August, the Downtown Development Authority (DDA) released an Invitation to BID (ITB) for Pedestrian Level Wayfinding. The scope of the ITB includes the fabrication, delivery and installation of 21 exterior metal sign frames, placed in key locations around the Downtown District. As well as, the installation of sign prints to the face of the frame. A total of 15 sign frames will be two sided and 6 will be one sided. A prototype is currently at City Hall in the Courtyard.

We received one (1) qualified proposal, submitted by Don Bell Signs. A second proposal did not qualify due to the company not attending the Mandatory Pre-BID Meeting.

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

Staff is requesting that the Board approve moving forward with contract negotiations with Don Bell Signs for the Pedestrian Level Wayfinding.

Board Action: Reikenis made a motion to move forward with contract negotiations for ITB 2019-001 with Don Bell Signs. Hurley Lane seconded the motion. The motion passed unanimously.

Work Plan Approval In preparation for the renewal of the DDA’s Interlocal Agreement with the City and CRA, staff has developed a new plan to guide the organization’s work and budget for the 2019/2020 to 2024/2025 fiscal years. Clemente presented an overview for discussion with the board. Staff is seeking Board Approval of this plan to move forward with the Interlocal Agreement process.

Board Action: Reikenis made a motion to approve the five-year work plan. Shabazz seconded the motion. The motion passed unanimously.

NEW BUSINESS Budget Amendment Resolution No. 05-2019 In November of 2018, CityPlace and the West Palm Beach CRA executed Resolution 18-55 which terminated the agreement for CityPlace to pass through funding to the DDA for Trolley services.

In August the DDA received $33,842.31 from the West Palm Beach CRA representing funds collected from CityPlace. Resolution No. 5-2019 will amend the Fiscal Year 18-19 budget to reduce the CityPlace funding from $123,205 to the received funding of $33,842.31. Additionally, those funds will be transferred from DDA funding allocation to CRA funding for Trolley services.

Board Action: Reikenis made a motion to approve Resolution No. 05-2019 Budget Amendment. Gerard seconded the motion. The motion passed unanimously.

ANNOUNCEMENTS The DDA Final Public Budget Hearing will be held this evening, September 17th at 5:05pm.

The DDA has been awarded seven SunSational Awards from FFEA this year.

The board discussed supporting local relief efforts to Hurricane Dorian victims.

Clemente suggested a total donation of $10,000 with $5,000 going to The Eagles Wings Foundation and $5,000 to Global Empowerment Mission Inc. Board Action: Gerard made a motion to approve $10,000 donation for Bahamas Relief Efforts.

Shabazz seconded the motion. The motion passed unanimously.

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

Board Action: Nalley made a motion to adjourn the meeting at 9:47 a.m.

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

300 Clematis Street, Suite 200 West Palm Beach, FL 33401 MINTUES Final Public Budget Hearing Tuesday, September 17, 2019 5:05 pm ATTENDANCE Board members in attendance: Chairman Robert Sanders, Esq., Vice Chairman Rick Reikenis, Lisa Gerard, Mary Hurley Lane, William Jacobson, Esq., Cynthia Nalley, and Upendo Shabazz. Staff in attendance included Raphael Clemente, Shelly Williams, Teneka James, Samantha Murrell, Sherryl Muriente, and Max Lohman, Lohman Law Group, PA. No guests in attendance.

CALL TO ORDER Sanders called the meeting to order at 5:05 pm.

PUBLIC HEARING FORMAT Lohman explained that state law stipulates the process and sequence that the Board is to follow for the final public hearing to adopt the millage rate and the budget for Fiscal Year 2019/2020.

STAFF PRESENTATION OF PROPOSED MILLAGE RATE AND TENTATIVE BUDGET Clemente announced that the proposed millage rate of 1.0000 mils necessary to fund the budget is a 42.8% decrease from the rolled back rate of 1.7470 mills.

PUBLIC COMMENTS AND QUESTIONS Sanders called for public comments or questions.

CLOSURE OF PUBLIC HEARING Lohman stated that there being no public comments or questions, the public comment portion of the meeting is closed.

ADOPTION OF RESOLUTION 06-2019 SETTING MILLAGE RATE FOR FISCAL YEAR 2019/2020 Lohman stated that the West Palm Beach Downtown Development Authority’s rolled back rate is 1.7470 mills. The Downtown Development Authority is levying ad valorem taxes at a millage rate of 1.0000 mill, which is a decrease of 42.8% from the rolled back rate.

Lohman announced Resolution No. 06-2019 is a Resolution of the West Palm Beach Downtown Development Authority adopting a final millage rate for Fiscal Year 2019/2020; providing an effective date; and for other purposes.

Board Action: Reikenis made the following motion: I move the adoption of Resolution No. 06-2019 setting the final millage rate for fiscal year 2019/2020 at 1.0000 mill with Gerard seconding. The motion passed unanimously.

ADOPTION OF RESOLUTION 07-2019 ADOPTING THE FINAL BUDGET FOR FISCAL YEAR 2019/2020 Lohman announced Resolution No. 07-2019, a Resolution of the West Palm Beach Downtown Development Authority adopting a final 2019/2020 fiscal year budget; providing an effective date; and for other purposes.

Board Action: Reikenis made the following motion: I move the approval of Resolution No. 07-2019, adopting the final budget for fiscal year 2019/2020 with Shabazz seconding. The motion passed unanimously.

CLOSE THE PUBLIC HEARING AND ADJOURN There being no further business to discuss, Sanders closed the public hearing and called for a motion to adjourn the meeting.

Board Action: Reikenis made a motion to adjourn the meeting at 5:08 pm with Hurley Lane seconding. The motion passed unanimously.

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

200,140 955,673 1,155,813

12,074 11,555 23,629

Net Total Surplus (Deficit)

Total Carry Forwards

CRA Carryforward

(2,156,290)

0 0 0

(2,156,290)

789,688 2,979,513 729,783 146,000 179,587 57,198 233,868 829,500 52,353 159,000 15,000 105,000 35,147 312,212 6,623,849

4,467,559

Budget

Gross Annual

0.0% 0.0% 0.0%

36.1% 58.5% 64.4% 32.3% 37.3% 0.0% 34.5% 95.1% 52.9% 86.8% 81.0% 26.8% 58.6% 0.0% 56.4%

101.3%

%

Budget

1,199,216

127,924 429,226 557,150

642,066

2,196,535

285,066 670,317 0 47,189 67,065 30,993 80,641 788,750 27,697 137,951 12,149 28,137 20,580

2,838,601

Y-T-D

Work Plan

No CPA provides any assurance on these financial statements.

1,944,026

788,213

(280,295)

Current Year Surplus (Deficit)

(256,666)

284,710 1,742,241 470,085 47,189 67,065 30,993 80,641 788,750 27,697 137,951 12,149 28,137 20,580 0 3,738,188

29,057 108,349 33,452 12,062 2,843 4,531 13,175 65,098 0 10,444 3 208 1,285 0 280,507

DDA Carryforward

4,526,401

Year-to-Date

212

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

Month

Statement of Revenues And Expenditures September 30, 2019

West Palm Beach Downtown Development Authority

35,133

0 252,428 252,428

(217,295)

621,595

621,595

404,300

Y-T-D

Services

Trolley

209,745

72,216 63,114 135,330

74,415

470,085

470,085

544,500

Y-T-D

Marketing

369,932

0 211,261 211,261

158,671

450,329

450,329

609,000

Y-T-D

Security

130,000

0 (356) (356)

130,356

(356)

(356)

130,000

Y-T-D

Incentives

212

Total Current Year Revenues

4,526,401

2,018,844 (1,806,897) 3,795,780 413,938 2,422 362 0 13,657 28,445 26,008 0 33,842

Year-to-Date

4,467,559

1,988,883 (1,806,897) 3,795,780 413,938 100 257 0 13,656 28,000 0 0 33,842

Budget

101.3%

101.5% 100.0% 100.0% 100.0% 2422.0% 140.9% 0.0% 100.0% 101.6% 0.0% 0.0% 100.0%

%

2,838,601

2,018,844 (1,806,897) 2,290,980 230,938 2,422 362 0 13,657 28,445 26,008 0 33,842

Y-T-D

404,300

404,300

Y-T-D

Trolley Services

Work Plan

Gross Annual

Budget

-

No CPA provides any assurance on these financial statements.

0 0 0 0 212 0 0 0 0 0 0 0

Month

Current Year Revenues Tax Revenues TIF DDA/CRA Interlocal CRA Project Funding Interest Income Brightline Ticket Sales Revenue Sponsorships Fees and Services Grants and Contributions Total Reimbursements Other Miscellaneous Income CityPlace Shuttle

SCHEDULE 1 - CURRENT YEAR REVENUES

September 30, 2019

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

Total Physical Environment

2,979,513

568,115 26,711 261,078 20,631 70,000 820,260 140,000 655,048 218,697 198,973

789,688

250,878 134,538 4,918 118,878 155,025 25,329 75,257 24,865

58.5%

65.8% 44.9% 68.1% 4.8% 2.0% 54.9% 57.2% 94.6% 0.8% 12.2%

36.1%

-0.1% 38.1% 50.8% 26.9% 81.9% 59.8% 71.8% 12.3%

%

Work Plan

670,317

24,347

80,027

373,760 12,000 177,763 1,000 1,420

285,066

51,276 2,500 31,997 127,028 15,156 54,057 3,052

Y-T-D

0

621,595

619,915 1,680

Y-T-D

Services

Budget

Annual Budget

Trolley

Gross

No CPA provides any assurance on these financial statements.

1,742,241

373,760 12,000 177,763 1,000 1,420 450,329 80,027 619,915 1,680 24,347

SCHEDULE 3 - PHYSICAL ENVIRONMENT 34,471 Graffitti Maintenance 1,000 Landscape Maintenance 0 Studies and Surveys 1,000 Public Space Programs 0 Security and Policing 19,487 Holiday Lights 0 Trolley 52,391 Trolley Signs & Ped Wayfinder 0 Capital Projects/Alleys 0 108,349

284,710

29,057

Total Business Development

Pressure Washing/Street Clean

(356) 51,276 2,500 31,997 127,028 15,156 54,057 3,052

Year-to-Date

SCHEDULE 2 - BUSINESS DEVELOPMENT Property and Buss Incentives 0 Facade Improvements 0 Leasing/Brokers Meeting 0 Total Business Training and Support 3,407 Value Added Events 3,020 Retail Promotion 0 Business Partnerships 22,630 Grand Open/New Business 0

Month

Supplemental Schedules September 30, 2019

West Palm Beach Downtown Development Authority

Y-T-D

0

0

Marketing

0

450,329

450,329

Y-T-D

Security

0

(356)

(356)

Y-T-D

Incentives

33,452

Community & Cultural Promotion

Total Marketing/PR

146,000

32.3%

5.6% 34.9% 31.9%

64.4%

0.0% 24.0% 61.6% 99.9% 59.8%

%

0

47,189

56 10,472 36,661

Y-T-D

No CPA provides any assurance on these financial statements.

47,189

Total Res. Services/Quality of Life 12,062

1,000 30,000 115,000

SCHEDULE 5 - RESIDENTIAL SERVICES/QUALITY OF LIFE Meetings 0 56 Community Engagement 3,103 10,472 Residential Events/DNA Sponsor 8,959 36,661

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

Budget

729,783

0 5,160 93,349 189,869 181,707

Year-to-Date

Y-T-D

Trolley Work Plan

Services

Budget

Gross Annual

470,085

Advertising and Promotion

PR/Marketing

Marketing Postage

Survey

0 0 1,025 28,073 4,354

SCHEDULE 4 - MARKETING/PR

Month

Supplemental Schedules September 30, 2019

West Palm Beach Downtown Development Authority

0

0

0

470,085

0 5,160 93,349 189,869 181,707

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

30,993

6,000 10,621 3,519 2,242 180 8,431

67,065

8,011 850 54,150 4,054

Year-to-Date

57,198

6,000 16,791 10,000 4,000 407 20,000

179,587

68,000 1,087 106,500 4,000

54.2%

100.0% 63.3% 35.2% 56.1% 44.2% 42.2%

37.3%

11.8% 78.2% 50.8% 101.4%

%

Work Plan

30,993

6,000 10,621 3,519 2,242 180 8,431

67,065

8,011 850 54,150 4,054

Y-T-D

Y-T-D

Services

Budget

Annual Budget

Trolley

Gross

No CPA provides any assurance on these financial statements.

4,531

500 2,500 251 919 11 350

2,843

205 9 2,447 182

Month

Supplemental Schedules September 30, 2019

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.

80,641

Total Professional Services

233,868

24,000 140,000 36,550 33,318 34.5%

91.7% 15.9% 62.6% 40.6%

%

Work Plan

80,641

22,000 22,251 22,875 13,515

Y-T-D

Y-T-D

Services

Budget

Annual Budget

Trolley

Gross

No CPA provides any assurance on these financial statements.

13,175

22,000 22,251 22,875 13,515

Year-to-Date

SCHEDULE 8 - PROFESSIONAL SERVICES Accounting 2,000 Professional Service 10,000 Audit 0 Legal 1,175

Month

Supplemental Schedules September 30, 2019

West Palm Beach Downtown Development Authority

0

Y-T-D

0

Marketing

Y-T-D

Security

0

Y-T-D

Incentives

0

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:

Extension of Interlocal Agreement

Date:

October 15th, 2019

Staff seeks approval for Amendment 1 to the Interlocal Agreement providing an additional 60 days to finalize the terms of the renewed agreement; which addresses funding and modifications to trolley operations.

The Agreement’s existing term will be extended until December 2, 2019.

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

MEMO TO:

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

FROM: Catherine Ast, FCP District Services Manager RE:

Pedestrian Level Wayfinding Agreement

DATE: Tuesday, October 15, 2019 _________________________________________________________________________________________

At the October Meeting, the Board approved staff moving forward with negotiation of the agreement with Don Bell Signs for the Wayfinding Project.

Staff has budgeted $175,000.00 for this project, with the bulk of the funds allocated to the fabrication of the metal frames, the cost of which was unknown. Allowing for contingencies, this agreement is for an amount not to exceed $76,000.00. With additional cost expected for sign layout and printing, we still anticipate coming in significantly under budget.

The agreement has been prepared and is here for your review. Staff is requesting that the Board approve the agreement with Don Bell Signs for the Pedestrian Level Wayfinding Project.

Thank You.

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

PEDESTRIAN LEVEL WAYFINDING PROJECT AGREEMENT THIS AGREEMENT is hereby made and entered into this

day of

,

2019, (“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 Don Bell Sings LLC, a Florida limited liability corporation (“Contractor”), whose address is 365 Oak Place, Port Orange, Florida 32127.

WHEREAS, the DDA desires to retain Contractor to provide the goods and services set forth the DDA’s Invitation to BID ITB 2019-001 (“ITB”) 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 INVITATION TO BID AND RELATED DOCUMENTS The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the ITB 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 ITB, and/or the Contractor’s bid in response to the ITB; the documents shall have precedence in the following order, this Agreement, then the ITB, and then the Contractor’s response to the ITB. 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 specifications set forth in the ITB. ARTICLE 3.

COMPENSATION Contractor shall perform all work required in accordance with ITB 2019 – 001 for an amount not to exceed Seventy-Six Thousand Dollars ($76,000.00).

Page 1 of 7

The DDA shall pay Contractor 50% of cost for the Pedestrian Level Wayfinding Project set forth in the Fee Information of the ITB within 15 days of Contractor’s invoicing for the production of the frames. The DDA shall pay Contractor for the remaining 50% set forth in the Fee Information of the ITB within 30 days of Contractor’s invoicing for the approved, completed installation of the frames.

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 mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: i. As to the DDA:

b.

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, Suites 539-540 West Palm Beach, Florida 33401 Attn: R. Max Lohman, Esq. Email: max@lohmanlawgroup.com

iii.

As to the Contractor:

Don Bell Signs LLC 365 Oak Place Port Orange, Florida 32127 Attn.: Gary Bell, President Email: gbell@donbellsigns.com

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.

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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 ITB and to indemnify the DDA in accordance with the terms and condition set forth in the ITB. h.

Fiscal Funding Out.

This Agreement and the obligations of the DDA hereunder

are subject to and contingent upon annual budgetary funding and appropriation by the DDA. ARTICLE 5.

CONTRACT TERM The term of this Agreement shall be from the Effective Date through completion of the work to be performed pursuant to the ITB but no later than February 28, 2020, unless otherwise terminated pursuant to Article 6.

ARTICLE 6.

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 given to the DDA by Contractor; or b. The DDA shall fail to perform, observe, or otherwise breaches any of the other terms, covenants or conditions 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 material and 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.

Page 3 of 7

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 breaches any of the other terms, covenants or conditions 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 material and 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.

6.4

This Contract shall be governed by the laws of the State of Florida. Any legal action

necessary to enforce the Contract will be held 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.

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6.5

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 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 Page 5 of 7

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

CONTRACTOR

By: _______________________________ Raphael Clemente, Executive Director

By: ________________________________ Gary Bell, 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

MEMO TO:

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

FROM: Teneka James-Feaman RE:

Business Incentive Grants

DATE: Tuesday, October 15, 2019

_________________________________________________________________________________________

PROGRAM OVERVIEW The Business Incentive Grant program offered by the West Palm Beach Downtown Development Authority (DDA) provides funding to new businesses or existing businesses within the DDA District to assist with significant, permanent modifications to existing Downtown buildings. Through this program, the DDA encourages major tenant improvements necessary for successful tenancy of commercial spaces. The goal of this program is to attract the desired mix of uses to the Downtown and assist with the rehabilitation of commercial properties.

INCENTIVE BOUNDARIES West Palm Beach Downtown Development Authority District 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 GRANT DETAILS Up to 25% of Total Improvement Cost for Leasehold Improvements (must stay with building) - Maximum allowable amount not to exceed $50,000 (Incentive Boundary) If awarded a Business Incentive program grant the reimbursement terms are:

-

100% paid upon completion of qualifying leasehold improvements (as determined by City of West Palm Beach officials), proof of paid invoices for the improvements and Business Tax Receipt, occupies the space and opens for business. (Subject to West Palm Beach DDA Grants Review Committee and Board Approval)

The committee members are Allison Justice, CRA; Raphael Clemente, DDA and Rick Reikenis, DDA Board Member and Downtown Business Owner - Reikenis &Associates, LLC. The Business Incentive Committee met on Friday September 27, 2019 to review seven (7) business incentive grant applications.

Anne Petcko Trust – 124 North Dixie Highway Centre 513 – 515 Clematis Street *American Craft Aleworks – 200 Clematis Street Digital Resource – 218 Datura Street Dor24K – 319 Clematis Street REG – 120 South Olive Avenue Sassafras – 105 South Narcissus Avenue Staff will be presenting each applicant and committee’s recommendations for funding for approval.

*Business owner requested additional time to complete and submit a comprehensive grant application