Board Meeting - January 18, 2022

REGULAR BOARD MEETING Downtown Development Authority Tuesday, January 18, 2022 @ 8:30 AM 300 Clematis Street, Suite 200 West Palm Beach, FL 33401 https://us02web.zoom.us/j/85876893756 Dial: +1 301 715 8592 Webinar ID 858 7689 3756 CALL TO ORDER

Rick Reikenis

PUBLIC COMMENTS AND QUESTIONS

EXECUTIVE DIRECTOR’S REPORT PRESENTATIONS  City of West Palm Beach Capital Projects

City Staff

CONSENT CALENDAR (Action Required)



Minutes of Regular Board Meeting December 21, 2021



Financial Statements of December 31, 2021

OLD BUSINESS (Action Required) 

First Amendment to Piggyback Agreement for Circuit Transit

Raphael Clemente

NEW BUSINESS (Action Required)   

Executive Director Performance Evaluation Resolution 02‐2022 ‐ Budget Amendment Interlocal Agreement Amendment

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

Rick Reikenis Vivian Ryland Raphael Clemente

REGULAR BOARD MEETING Downtown Development Authority Tuesday, December 21, 2021 8:30 AM 300 Clematis Street, Suite 200 West Palm Beach, FL 33401 https://us02web.zoom.us/j/87642018658 Dial: +1 301 715 8592 Webinar ID 811 5236 6776 ATTENDANCE DDA Board members in attendance: Chairman Rick Reikenis, Mary Hurley Lane, Varisa Lall Dass, Bob Sanders, Cynthia Nalley. Board members attending virtually, Vice Chairman William Jacobson. DDA Staff in attendance: Raphael Clemente, Vivian Ryland, Shelly Williams, Tiffany Faublas, Sherryl Muriente. Teneka James ‐ Feaman and Max Lohman, Esq. Guests Alex Esposito and Jason Bagley of Circuit; Cameron Barrett, Penni Redford and Ray Caranci from the City of West Palm Beach.

CALL TO ORDER Chairman Reikenis called the meeting to order at 8:33 a.m.

PUBLIC COMMENTS AND QUESTIONS None presented.

CONSENT CALENDAR (Action Required)

Minutes of the Regular Board Meeting November 16, 2021, and Financial Statements of November 30, 2021, were presented for review and approval.

 Board Action: Approval of the Consent calendar was motioned by Board member Sanders and seconded

by Board member Hurley‐Lane. The motion passed unanimously.

Executive Director’s Report The Executive Director informed the Board that the DDA’s audit firm, Caler, Donten, Levine, Cohen, Porter and Veil, advised DDA staff on November 23, 2021, that the firm had been sold and that the new firm did not do government audits. The Executive Director said that firm of Nowlin, Hunt and Miner had been chosen as the DDA’s auditor and that they will start in January.

Executive Director Clemente reported on the success of the emergency clean‐up process provided by DDA litter removal contractor Image Janitorial.

Executive Director Clemente discussed the Community Cafecito event that staff are producing to engage with the public and make the DDA more accessible and available to stakeholders. In the future he said he would like to hold it in the DDA office.

Executive Director Clemente shared a video of the Pop‐up Piano Concerto held at 314 Clematis.

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

Page Two/December 21, 2021 Executive Director Clemente shared the DDA’s holiday commercial featuring the enhanced holiday lights.

Executive Director Clemente reported that the DDA check exchange with the CRA will occur on Thursday, December 22nd.

Executive Director Clemente announced that Shelly William’s last day with DDA is 12/22. He praised her for her work at the DDA. Executive Director Clemente announced the creation of a new staff position, Placemaking Coordinator. The newly hired staff member is Mila Romero, and she will come on board January 4th. The DDA has been talking about taking place‐making to a new level. The most tangible impact in the downtown is coming from public realm programs. He said he will do a presentation at the January Board meeting regarding the direction of the agency relative to placemaking.

In response to Board member Nalley’s question about interest bearing bank accounts for DDA funds, the Executive Director said that State law requires public funds be deposited into a bank that is a certified as a qualified public depository. He said that in the past the DDA’s auditor had recommended that funds be put into an interest‐bearing account, however the agency has not been able to identify an interest‐bearing fiscal product that would meet state requirements and allow funds to be withdrawn as needed. Williams said that the agency typically gets 3% back on PNC and Bank of America purchasing cards, yielding approximately $6,000 annually. Williams pointed out that to select a fiscal product earning interest the agency would need utilize a public bidding process.

PRESENTATIONS Alex Esposito of Circuit gave a brief presentation about the Circuit pilot program in downtown that provides on‐ demand shared electric shuttle service specializing in short distance trips. Data collected over the last three months of Circuit being in service has shown that ridership continues to climb and that there is positive feedback from users. Increased service hours.

OLD BUSINESS (Action Required) Circuit Shuttle Board member Jacobson asked if Circuit could reach out to companies who are working toward electrification of vehicles to become sponsors.

Board Member Hurley Lane said she tried Circuit and thought it was a good service. She asked what the DDA is doing to market the service. Staff member Faublas responded that there is an ad campaign for the service on social media and printed collateral is distributed every two weeks to business and residences.

The Executive Director recommended an extension of the Circuit program until the end of the fiscal year. The agreement with Circuit will terminate in Jan. 2022. He said he will bring a budget amendment in January to cover the expense. He said that Circuit is exploring advertising opportunities to reduce the cost to the DDA.

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

Chairman Reikenis called the question, should the agency continue the agreement with Circuit until the end of the fiscal year. Board member Sanders made the motion. The motion was seconded by Board member Hurley Lane. Discussion – by Ms. Lane. Motion passed unanimously.

Page Three/December 21, 2021

Tree Planting Program Ray Caranci, senior landscape planner for the City explained that City Code says that trees in the right‐of‐way are to be maintained by adjacent property owners, that the landscape code was revised in 2018 to retain trees in the downtown, and that all new developments must install and maintain street trees as a condition of development approval.

Chairman Reikenis asked if property owners are aware that they are responsible for maintaining the trees in the City right‐of‐way. Mr. Caranci responded that they are not, and many property owners do not want to take the responsibility for maintaining the trees. Clemente said that in the past, the DDA had trimmed trees on Olive and Dixie.

Board Member Lall Dass asked if the City had ever fined a property owner for lack of maintenance of trees. Mr. Caranci responded that the City has never issued a fine for lack of maintenance of a tree.

Penny Redford, Sustainability Director for the City, made a brief presentation, describing challenges of irrigation and maintenance. Redford added that the City has identified 9 priority areas for new street trees, and that the City wants to partner the DDA to fund the planting of trees using new standards as defined by City code.

The Executive Director recommended a $100,000 agency contribution through an ILA between the City and the DDA. Chairman Reikenis asked if new trees would be irrigated and recommended that trees are not planted in front of owners who will not agree to maintain them. Chairman Reikenis asked Ms. Nalley if the Downtown Neighborhood Association (DNA) would contact adjacent property owners of proposed tree sites. She replied yes. Chairman Reikenis asked if the DNA would be willing to contribute or raise funds to support tree planting. Ms. Nalley stated that residents already have paid through the additional tax to the DDA. Ms. Nalley reported that the DNA is also interested in adding palm trees to Quadrille median. Ms. Redford pointed out that palms do not provide the benefit that canopy trees do.

The Executive Director said that the DDA has money in the budget for capital that could be used, but trees do not qualify as a capital expenditure, and that he reported that he would bring back a budget amendment to Board in January to move funds into a suitable budge line item for the tree program. Chairman Reikenis called the question.

Board member Sanders made the motion, Board member Nalley seconded. Motion passed unanimously.

Utility Art Boxes Agreement Ms. Muriente provided an overview of the Utility Art Box project. She reported that the Interlocal Agreement is between the County, the City and the DDA. 300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833.8873|Fax: 561.833.5870| www.downtownwpb.com

Chairman Reikenis called the question. Motion was made by Board member Sanders and seconded by Board member Hurley Lane. The motion passed unanimously.

Page Four/December 21, 2022 NEW BUSINESS (Action Required) Business Incentive Grants Associate Executive Director Feaman presented the Business Incentive Grant applications for Field of Greens, with a grant request of $42,500, which represents 22% of total project costs. Feaman explained that the grants are reimbursable after the project receives its Certificate of Occupancy from the City.

Chairman Reikenis asked if Field of Greens should get a grant since they are an existing business. Feaman responded that providing grants to existing businesses helps keep them downtown, and that the DDA has supported existing downtown businesses with grant funding in the past to encourage local business retention and growth.

The Board Chair called the question. Motioned by Board member Sanders, seconded by Board member Nalley.

Motion passed unanimously.

Feaman presented a grant application for improvements to the first and third floor of 300 Clematis Street with a request for DDA funding in the amount of $42,500, which represents 19% of total project cost. Chairman Reikenis called the question. Board member Sanders made the motion. Board member Hurley Lane seconded the motion.

Discussion and question by Bill Jacobson regarding potential conflict since he has represented the owner in the past. Board attorney Lohman advised that there was not a conflict. Motion passed unanimously.

CONSENT CALENDAR The Board Chair called the question. Motioned by Board member Sanders and seconded by Board member Nalley. The motion passed unanimously.

ANNOUNCEMENTS None ADJOURNMENT The Board Chair called the question. Board member Hurley Lane made the motion. it was seconded `

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 Rick Reikenis, Chairman Bill Jacobson, Vice Chairman Bob Sanders Mary Hurley Lane Cynthia Nalley Varisa Lall Dass

FROM: Raphael Clemente, Executive Director

RE: Circuit Agreement Extension

DATE: January 18, 2022 _________________________________________________________________________________________

Attached is amended agreement with Circuit Transit LLC to extend the service period through September, 2022.

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

FIRST EXTENSION TO AGREEMENT West Palm Beach Downtown Development Authority

Contractor: Circuit Transit, Inc.

Piggy-back Agreement: City of Pompano Beach RFP # P-29-20

This First Extension of that certain Pigg-back Agreement (the “Agreement”), dated August 4, 2021 by and between Circuit Transit, Inc. a Florida Corporation with offices located at 777 S. Flagler Drive, Suite 800 W, West Palm Beach, FL 33401 (hereinafter “Contractor”) and the West Palm Beach Downtown Development Authority, an Independent Special District, with offices located at 300 Clematis Street, Suite 200, West Palm Beach, Florida 33401 (hereinafter “DDA”) is hereby entered into this 18th day of January, 2022.

WITNESSETH: DDA and Contractor, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and value of which is hereby acknowledged by both parties, hereby agree to extend the term of the Agreement, as follows: Section 1.

1.

DDA and Contractor both hereby agree to enter into this Agreement for Micro-Transit Transportation Services by piggy-backing unit rates and service pricing rates as set forth in the agreement between the City of Pompano Beach and the Contractor dated February 23, 2021 (the “Piggy-back Agreement”). This Agreement is effective on the date first written above with transportation services to run for a term commencing on January 18, 2022 and terminating on September 30, 2022, subject to the same terms and conditions set forth in the Piggy-back Agreement and as modified in this Agreement.

Section 2.

6.

Paragraph 1. of the Agreement is hereby repealed and replaced in its entirety such that it shall hereafter read as follows:

Paragraph 6. of the Agreement is hereby repealed and replaced in its entirety such that it shall hereafter read as follows:

Contractor shall provide Micro-Transit Transportation Services as outlined in Exhibit “B” and DDA shall pay Contractor the Contract Price of $26,469.99 per month in accordance with the Contractor’s RFP Response, in conformance with the Piggy-back Agreement, for the specific services requested by the DDA. The Contract Price to be paid to Contractor shall be divided into equal payments that shall be paid per month, subject to any additional credits for advertising revenue that may be applied for the benefit of DDA.

Page 1 of 2

Section 3.

All the terms and conditions set forth in the Agreement shall remain in full force and effect except as specifically amended by the First Extension. No modification shall be made to this First Extension unless such modification is in writing and signed by both parties.

WITNESSES:

Contractor:

_________________________

__________________________________ James Mirras, President

_________________________ WITNESSES:

DDA:

_____________________________

____________________________________ Raphael Clemente, Executive Director

_____________________________ Approved as to form and legal sufficiency

R. Max Lohman, General Counsel

Page 2 of 2

MEMO

TO:

DDA Board Bill Jacobson, Vice Chairman Bob Sanders Mary Hurley Lane Cynthia Nalley Varisa Lall Dass

FROM: Rick Reikenis, Chairman

RE: Executive Director Performance Evaluation

DATE: January 18, 2022 _________________________________________________________________________________________

As with previous years, the individual board members of the DDA each completed a performance evaluation form for the Executive Director for the calendar year of 2021. All scores for each of the performance metrics are compiled and tabulated by the Director of Administration, and a composite score is derived.

This past year’s Executive Director performance evaluation yielded an overall average score of 4.3 on a scale of 1 to 5, with 5 being the highest possible score.

The three categories of evaluation that form the overall composite score, and the associated average scores for each category, are as follows:

1. Performance Factors (knowledge, skills, accuracy, thoroughness, effectiveness): 4

2. Behavioral Traits (timeliness, communication, motivation, adaptability): 5

3. Supervisory Factors (leadership, employee relations, management skills): 4

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

MEMO

TO:

DDA Board Rick Reikenis, Chairman Bill Jacobson, Vice Chairman Bob Sanders Mary Hurley Lane Cynthia Nalley Varisa Lall Dass

FROM: Raphael Clemente, Executive Director

RE: Budget Amendment

DATE: January 18, 2022 _________________________________________________________________________________________

Attached is Resolution 02‐2022, amending the DDA’s adopted 2021‐2022 budget. The amendment makes the following changes:

 Reduce 7900 Reserves by $125,000 which will be added to 7500 Transportation to bring the total budget for that line item to $905,000 for the purpose of funding the extension of the Circuit Shuttle agreement through September 2022.

 Reduce 6290 Capital Projects by $80,000 which will be added to 7605 Public Space Programs to bring the total budget for that line item to $120,000 for the purpose of funding the tree planting partnership with the City of West Palm Beach.

The amended budget is attached.

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

RESOLUTION NO. 02-2022 A RESOLUTION OF THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AMENDING THE ADOPTED 2020/2021 FISCAL YEAR BUDGET; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS the West Palm Beach Downtown Development Authority adopted its Final 2021/2022 Fiscal Year Budget on September 21, 2021, by Resolution No. 07-2021; and WHEREAS the Downtown Development Authority desires to amend its adopted budget to reduce 7900 Reserves by $125,000 which will be added to 7500 Transportation to bring the total budget for that line item to $905,000; and reduce 6290 Capital Projects by $80,000 which will be added to 7605 Public Space Programs to bring the total budget for that line item to $120,000 as shown in the attached Exhibit A Amended Budget January 18, 2022.

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 2021/2022 Fiscal Year Budget shall be attached to and made a part of said budget.

Section 3:

This Resolution shall take effect immediately upon adoption.

RICK REIKENIS, CHAIR WILLIAM JACOBSON, VICE CHAIR MARY HURLEY LANE ROBERT SANDERS CYNTHIA NALLEY VARISA LALL DASS

AYE ___ ___ ___ ___ ___ ___

NAY ___ ___ ___ ___ ___ ___

PASSED AND ADOPTED THIS 18th day of January 2022.

DOWNTOWN DEVELOPMENT AUTHORITY ________________________________________ RICK REIKENIS, 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 18th day of November 2022. ___________________________________ RAPHAEL CLEMENTE EXECUTIVE DIRECTOR

MEMO

TO:

DDA Board Rick Reikenis, Chairman Bill Jacobson, Vice Chairman Bob Sanders Mary Hurley Lane Cynthia Nalley Varisa Lall Dass

FROM: Raphael Clemente, Executive Director

RE: Interlocal Agreement Amendment

DATE: January 18th, 2022 _________________________________________________________________________________________

Attached please find the proposed amendment to the interlocal agreement between the DDA, CRA, and City of West Palm Beach.

This amendment includes changes to correct defined amounts of funding for contract services and programs, as well as additional areas of responsibility for public realm maintenance and services being provide by the DDA.

The changes to the agreement are as follows:  An increase in the amount of funding allocated to the City’s Homeless Services Program from $75,000 to $150,000 annually.  Street cleaning services expanded to include the Seaboard Train Station and Waterfront.  Landscaping services for City Center, City‐owned garages, the Seaboard Train Station, and the Tent Site, including cost increases for those services.  Changes to pressure washing and litter removal services.

Staff will provide a presentation detailing the changes and funding amount.

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

AMENDMENT TO INTERLOCAL AGREEMENT AMONG THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF WEST PALM BEACH AND WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY REGARDING THE DDA WORK PLAN; EXEMPTION FOR THE TAX INCREMENT PORTION OF THE 2ND MILL OF AD VALOREM TAX AND OPERATION OF THE TROLLEY SYSTEM AND DOWNTOWN EXTERIOR MAINTENANCE (FISCAL YEARS 2020-2024) WPB Contract No. 23818.001

THIS AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into by and between WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, under Part III, Chapter 163, Florida Statutes, (the “CRA”), CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida (the “City”); and WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY, an independent special district established under the laws of the State of Florida, whose address is 300 Clematis Street, Suite 200, West Palm Beach, Florida 33401-5322 (the “DDA”); WHEREAS, the CRA, City and DDA entered into an Interlocal Agreement regarding the DDA Work Plan, Exemption for the Tax Increment Portion of the 2nd Mill of Ad Valorem Tax and Operation of the Trolley System and Downtown Exterior Maintenance for Fiscal Years 2020-2024, dated January 10, 2020 (“Agreement”); and WHEREAS, the Agreement provided an allocation of funding for The Lord’s Place for homelessness services. The City has since determined to utilize City resources to provide homelessness services. The parties desire to amend the Agreement to reflect this change; and WHEREAS, the Agreement described certain landscaping and public space cleaning services to be provided by the DDA and established costs for such services. The City and DDA desire to amend the Agreement to clarify the services to be provided and to reflect the DDA’s actual costs to provide such services. The parties desire to amend the Agreement to reflect this change; In consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of as such covenants and conditions, the CRA, City and DDA do hereby agree to amend the Agreement as follows: 1. Allocation for Homelessness Services. Section 3.9 is hereby amended to remove the allocation specifically for The Lord’s Place, and shall now read as follows: 3.9 Allocation for Homelessness Services. The DDA’s Work Plan shall contain, and the DDA shall allocate and transfer, the sum of $150,000 to the City, on an annual basis, to be combined with the City’s funding for homelessness services.

2. Allocation for The Lord’s Place Services. Section 4.4 is hereby amended to remove the allocation specifically for The Lord’s Place, and shall now read as follows:

CRA/DDA/City Interlocal Amd 23818.001 010422

1

4.4 Allocation for Homelessness Services. The City shall, annually, combine allocation received from the DDA in the amount of $150,000 with the City’s funding and utilize such funding for homelessness services in the downtown, including engagement, direct delivery of services, and other support services and administrative costs.

3. Street Cleaning Services. Section 7 is hereby amended and shall now read as follows: SECTION 7: 7.1

STREET CLEANING

The DDA shall provide exterior janitorial services in the public space of the following locations: 7.1.1

Seaboard Train Station. a) Services shall not exceed the cost of $24,024.00 annually, unless additional funding is provided by the DDA Board. b) Services shall be provided Mondays, Wednesdays and Fridays, from 8 am – 4 pm (hours subject to change as needed) b) Services include: i. Litter (loose garbage) cleanup of grounds around train station, including walkways and parking area. ii Wipe down and empty trash cans (4 cans along Tamarind Avenue).

7.1.2.1.1

Waterfront

a) Services shall not exceed the cost of $127,218.00 annually, unless additional funding is provided by the DDA Board. b) Waterfront service area includes Flagler Drive form the seawall on the east to the western edge of sidewalk, from Banyan Boulevard to Lakeview Avenue, and the City docks, Meyer Amphitheatre and Waterfront Commons area. Services do not include restroom cleaning or event cleaning. c) Services shall be provided seven (7) days per week (except during the Boat Show and Sunfest). Service will begin no later than 6:30 am. A crew member will be located in the Waterfront/Clematis area until 4 pm, after which any response by the DDA will be billed as an emergency response. d) Services include: i. Litter cleanup of grounds (loose garbage) ii Wipe down and emptying of trash cans, as needed.

7.2 The DDA may invoice the City and/or CRA for services outside of the regular scope and schedule, with prior written permission from the City and/or CRA, as appropriate, based on which entity will make payment.

4. Landscaping Services – Seaboard Train Station. Section 8 is hereby deleted in its entirety.

Landscaping services for the Seaboard Train Station are addressed in the amended Section 9.

5. Landscaping Services – City garages. Section 9 is hereby amended to include landscaping services for the identified City properties. Section 9 shall now read as follows: SECTION 9: 9.1

LANDSCAPING SERVICES

Landscaping Service Locations. The DDA shall provide the following landscaping services: a) City Center: including Clematis Parking Garage and City Hall: Hedges and plants in beds at City Center/City Hall. No tree trimming or plant replacement included.

CRA/DDA/City Interlocal Amd 23818.001 010422

2

b) Banyan Parking Garage: Mowing, weed eating, edging, debris pick up, and care of the exterior grass, plants, hedges and trees. No tree trimming or plant replacement included. c) Evernia Garage and Sapodilla/Police Garage: Landscaping Services as described in Sec. 9.2.

No tree trimming or plant replacement included. d) Seaboard Train Station (until lease becomes effective) at the eastern side of the railroad tracks, Banyan Blvd to Fern St. Care of plants around station perimeter, debris pick up, mowing, edging and weed eating. No tree trimming or plant replacement included. e) “Tent Site” at 801 S. Dixie Highway (until any ground lease of Tent Site by CRA becomes effective.) Mowing, weed eating, edging, debris pick up, and care of the exterior grass, plants, hedges and trees. No tree trimming or plant replacement included.

9.2

Landscaping Services Landscaping services shall include, unless otherwise noted: a) Maintain optimal growing conditions for all plant material. Care and maintenance includes pruning, trimming, mowing, fertilizing, removal of dead plants and weeds, hauling of landscape debris, removal of trash and litter, and proper disposal of debris, trash and litter. b) Remove trash and debris from roads and pedestrian areas to ensure a clean and tidy appearance. c) Mow grass as needed were appropriate but no less than monthly d) Clean landscape beds of debris and errant plant material e) Provide regular fertilization to optimize growth f) Monitor the life cycle of plants and trees and provide recommendations for service g) Regular soil PH and fertilizer analysis to ensure proper composition and conditions h) Recommend tree trimmings by an Arborist i) Inspect irrigation systems with monthly wet checks. Any irrigation system repairs or underground work will be performed at additional cost, upon written request by the City.

9.3 Landscaping Services Cost. City/Parking shall pay DDA for such landscaping services in the following amounts: City Hall & City Center Garage Banyan Garage: Clematis Garage: Evernia Garage Sapodilla / Police Garage Tent Site Seaboard Train Station

$2,222.00 per month = $26,664.00 annually $1,023.75 per month = $12,285.00 annually $785.00 per month = $9,420.00 annually $893.75 per month = $10,725.00 annually $1,142.50 per month = $13,710.00 annually $525.00 per month = $6,300.00 annually $2,937.50 per month = $35,250.00 annually Total Annual Cost: $114,354.00

9.4 Plant Replacement. Plant replacement is not included in the above services and costs. Plant replacement or change out may be authorized after review of a written proposal and pricing from the DDA by written approval from the City (Asst. City Administrator) and/or CRA (Executive Director), as appropriate, based on which entity will make payment.

9.5 Tree Trimming. Not more than once per year, the DDA shall provide the City with a proposal indicating trees identified as requiring trimming, along with a proposed cost estimate. Tree trimming services may be authorized after review of a written proposal and pricing from the DDA by written approval from the City (Asst. City Administrator) and/or CRA (Executive Director), as appropriate, based on which entity will make payment.

9.6 Irrigation System Inspections. DDA shall provide monthly irrigation system wet checks to ensure all irrigation system and components of the Banyan Garage, Clematis Garage, City Center Garage, Evernia Garage and Sapodilla / Police Garage are working properly.

9.7 Irrigation Inspection Costs. City/Parking shall pay DDA for such irrigation inspection services in the following amounts: CRA/DDA/City Interlocal Amd 23818.001 010422

3

Banyan Garage: Clematis Garage: City Center Garage: Evernia Garage Sapodilla / Police Garage:

$250.00 per month = $250.00 per month = $250.00 per month = $250.00 per month = $250.00 per month =

$3,000.00 annually $3,000.00 annually $3,000.00 annually $3,000.00 annually $3,000.00 annually

Total Annual Cost (all garages) = $15,000.00 annually 9.8 Irrigation System Repairs. Upon identification of an irrigation system or component requiring repair or replacement, the DDA, or its contractor, shall provide the City with a proposal identifying the repair needed and the garage and specific location of the faulty component, along with a proposed cost estimate.

Such services may be authorized after review of a written proposal and pricing from the DDA by written approval from the City (Asst. City Administrator) and/or CRA (Executive Director), as appropriate, based on which entity will make payment.

9.9

Not included. DDA landscaping services will not include: a) Tree replacement b) Care or trimming of any tree outside of Clematis Street c) Underground irrigation items– unless requested by City at additional cost d) Repair of any hanging baskets or light poles physical structure e) Maintenance and repair of pavers, hardscapes, electric, or infrastructure f) The Waterfront area, including the Meyer Amphitheatre, the Fountains, Waterfront Commons, Pavilion, except as provided in this Agreement g) No tree pits or plants in tree pits.

5. Pressure Washing – Public Spaces. Section 11 is hereby amended to include the 100-500 blocks of Clematis Street, and shall now read as follows: SECTION 11:

PRESSURE WASHING PUBLIC SPACES

11.1 Pressure Washing Services. The DDA will pressure wash Clematis Street as provided herein. The pressure cleaning of the other public spaces by the DDA shall be upon written request by the City for which the DDA will invoice the City based on the costs indicated below. Cleaning includes removal of litter, debris and refuse; pressure washing of sidewalks, public benches and exterior of trash cans; removal of feces and vomit. a) Clematis Street (Blocks 100 – 500). To be washed on a regular basis, as needed, at no additional cost. b) Centennial Park (from fountains to Flagler Drive, including pavers, sidewalk and stairs), at a cost of $4,800.00 per cleaning. c) Waterfront (Intercoastal/Lake Worth side, from Banyan Blvd. to Okeechobee Bridge) including sidewalk, pavers, seawall and stairs), at a cost of $4,200.00 per cleaning. d) Parking Garage stairwells, including horizontal stairs and risers, walls and ceilings, handrails, at a cost of $285.00 per stairwell, with a minimum of 6 stairwells. e) Rapid response/emergency cleaning: When requested, DDA will obtain a proposal with pricing, including clean-up and biohazard materials waste management, and provide a copy of the proposal to the City. f)

Additional streets/areas within the DDA District: DDA will obtain a proposal and pricing and provide a copy of the proposal to the City.

CRA/DDA/City Interlocal Amd 23818.001 010422

4

11.2 Upon requests for pressure washing services from the City, the DDA shall provide the City with a proposal confirming the area to be cleaned, the anticipated schedule along with a proposed cost estimate.

Such services may be authorized after review of a written proposal and pricing from the DDA by written approval from the City (Asst. City Administrator.

11.3

Not included. The following cleaning services will not be provided by the DDA: a) Crime scene cleanup b) Trash and debris on private property. c) Illegal dumping in alleys, along the waterfront, or on private property. d) Removal of large items like furniture, piles of landscaping material. e) Removal of personal items such as bags, clothing, bedding that are the property of homeless individuals.

6. Sanitation. Section 11A is hereby added regarding waste and litter management in the downtown, and shall read as follows: SECTION 11A: SANITATION 11A.1 The City, DDA and CRA will work collaboratively on solutions for waste and litter management within the downtown. The DDA or CRA may fund enhanced services that provide for additional capacity for sanitation services, as needed, in coordination with the City’s Public Works Department. The DDA or CRA may also invoice the City for enhanced sanitation services when such services have been allocated within the City’s Public Works budget.

7.

Agreement Reference. This Amendment shall be performed under the terms and conditions described within the Interlocal Agreement regarding the DDA Work Plan, Exemption for the Tax Increment Portion of the 2nd Mill of Ad Valorem Tax and Operation of the Trolley System and Downtown Exterior Maintenance for Fiscal Years 2020-2024, dated January 10, 2020 (WPB Contract No. 23818).

8.

Effect of Amendment. Except to the extent the Agreement is modified by this Amendment, the terms and provisions of the Agreement shall remain unmodified and in full force and effect. In the event of a conflict between the terms of the Agreement, and the terms of this Amendment, the terms of this Amendment shall govern and prevail.

9.

Filing and Effective Date. This Agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by Section 163.01(11), Florida Statutes shall take effect upon such filing.

[Signatures on following page.]

CRA/DDA/City Interlocal Amd 23818.001 010422

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IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to the Interlocal Agreement regarding the DDA Work Plan, Exemption for the Tax Increment Portion of the 2nd Mill of Ad Valorem Tax and Operation of the Trolley System and Downtown Exterior Maintenance for Fiscal Years 2020-2024, dated January 10, 2020 (WPB Contract No. 23818).as of last the date indicated below.

WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY Attest:____________________________ City Clerk

By:________________________________ Keith A. James, Chair

CRA General Counsel Approved as to form and legaity By:______________________________

Date:____________________, 2022

CITY OF WEST PALM BEACH Attest:____________________________ City Clerk

By:________________________________ Keith A. James, Mayor

City Attorney’s Office Approved as to form and legality By:______________________________

Date:_____________________, 2022

WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY Attest:____________________________ Raphael Clemente, Executive Director

By:________________________________ Rick Reikenis, Chair

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

CRA/DDA/City Interlocal Amd 23818.001 010422

Date:

, 2022

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