DDA Regular Board Meeting Packet November 14, 2023

REGULAR BOARD MEETING AGENDA

Downtown Development Authority Tuesday, November 14, 2023 8:30 AM 107 S. Olive Avenue, Suite 200 West Palm Beach, FL 33401 https://downtownwpb.com/DDA Dial: +1 301 715 8592 Webinar ID: 817 1983 5111 CALL TO ORDER

Rick Reikenis

PUBLIC COMMENTS AND QUESTIONS EXECUTIVE DIRECTOR’S REPORT

Raphael Clemente

PRESENTATIONS • • • •

Lt. Rideau Recognition Related Office Project IKE Mini Placemaking Grant

CONSENT CALENDAR (Action Required) • •

Rick Reikenis Harvey Oyer Sherryl Muriente Rick Reikenis

Minutes of Regular Board Meeting October 17, 2023 Financial Statements of October 31, 2023

OLD BUSINESS •

Clean Team Contract Amendment

Catherine Ast

NEW BUSINESS (Action Required) • •

Work Plan Development Interlocal Agreement Amendments

ANNOUNCEMENTS ADJOURNMENT

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

Raphael Clemente Raphael Clemente

REGULAR BOARD MEETING MINUTES Downtown Development Authority Tuesday, October 17, 2023 8:30 AM 300 Clematis Street, Suite 200 West Palm Beach, FL 33401 https://downtownwpb.com/DDA Dial: +1 301 715 8592 Webinar ID: 885 4213 4585 ATTENDANCE DDA Board members in attendance: Chairman Rick Reikenis, Vice Chairman William Jacobson, Tim Harris, Varisa Lall Dass and Bob Sanders. DDA Board Virtual Attendance: Daryl Houston. DDA Staff in attendance: Raphael Clemente, Teneka James-Feaman, Vivian Ryland, Catherine Ast, Krystal Campi, Tiffany Faublas, Sabrina Lolo, Samantha Moore, Sherryl Muriente and Attorney Max Lohman. Guests in attendance: William Roger Cummings and Amrit Hoffer.

CALL TO ORDER Chairman Reikenis called the meeting to order at 8:34 a.m.

PUBLIC COMMENTS None.

EXECUTIVE DIRECTOR’S REPORT Clemente shared that our annual Downtown Summit will be taking place at the Kravis Center tomorrow, October 18, 2023, and reviewed the logistics with the Board. He shared the new interactive feature and had the board test the poll that the audience will be using during the Summit. The goal is to use the feedback to help develop the next 5-year work plan.

Clemente reported that the additional policing detail that kicked off at the beginning of the month has received positive feedback from the community. The Chess Park celebrated its one-year anniversary and National Chess Day over the weekend with a great turn out. We received 29 applications for the placemaking mini grant, which are being reviewed to select finalists, more details to come.

PRESENTATIONS None CONSENT CALENDAR Minutes of First Public Hearing Meeting September 12, 2023 Minutes of Final Public Hearing Meeting September 18, 2023 Minutes of Regular Board Meeting September 19, 2023 Financial Statement of September 30, 2023 Sanders made a motion to approve the consent calendar. Harris seconded the motion. The motion passed unanimously.

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

OLD BUSINESS Tree Planting Interlocal Agreement Clemente explained that during the August 31st, 2021, DDA Board meeting with the Downtown Neighborhood Association, it was proposed that the DDA fund the planting of shade trees in public rights of way in the Downtown area. The goal of this project would be to replace missing trees as well as add new locations where trees are needed.

Following that discussion, the Board approved the allocation of $100,000 to fund this initiative, which has been carried forward into this budget year. The City has agreed to match the DDA’s funding for this project. Per the proposed agreement, the DDA would be the project manager, and the City’s funding match would come as a reimbursement of costs. Initial cost estimates per tree range from $21,000 to $38,000. This range is based on variables to be determined on a case-by-case basis, including demolition and removal of concrete, grates, and planted material, as well as tying into the City’s irrigation system. Staff recommends approval of the proposed interlocal agreement.

Sanders made a motion to approve the tree planting interlocal agreement. Harris seconded the motion. The motion passed unanimously.

NEW BUSINESS Financial Audit Services Agreement Ryland explained that The Downtown Development Authority issued a Request for Proposals for Financial Audit Services on July 24, 2023. Three responses were received. The selection committee scored the firm of Nowlen, Holt & Miner the highest of the three responses. At the September 19th Board meeting, the Board voted to negotiate an agreement with Nowlen, Holt & Miner. Nowlen, Holt & Miner have agreed to the terms of the agreement and executed the agreement. Staff recommend approval of the agreement.

The pertinent terms of the attached agreement are as follows: One-year term with the option to renew for two additional two-year terms. The fee for FY 2023 is $19,500.00. The final report to be delivered by March 30th of each year the agreement is in effect.

Harris made a motion to approve the Financial Audit Services Agreement. Sanders seconded the motion. The motion passed unanimously.

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

Meeting adjourned at 9:37 am.

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

West Palm Beach Downtown Development Authority Balance Sheet October 31, 2023 ASSETS Current Assets

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

49,024 162,359 2,624,934 50 12,499

Total Current Assets Other Assets Lease Security Deposit

2,848,866

23,000

Total Other Assets

23,000

Total Assets

2,871,866

LIABILITIES AND FUND BALANCE Current Liabilities

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

6,644 8 1,372 250

Total Current Liabilities

8,274

Fund Balance Net Income

3,374,139 (510,547)

Total Fund Balance

2,863,592

Total Liabilities and Fund Balance

2,871,866

No CPA provides any assurance on these financial statements.

West Palm Beach Downtown Development Authority Statement of Revenues And Expenditures October 31, 2023 Month

Year-to-Date

Trolley Gross Annual

Budget

Work Plan

Services

Budget

%

Y-T-D

Y-T-D

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

12,964

12,964

7,259,710

0.2%

12,964

46,739 187,705 41,650 4,113 2,055 90 83,852 51,209 25,030 4,762 0 0 523,511

46,739 187,705 41,650 4,113 2,055 90 83,852 51,209 25,030 4,762 0 0 523,511

815,000 2,450,248 2,482,729 84,350 30,242 464,582 1,100,000 51,209 208,500 20,000 18,000 790,146 9,945,908

5.7% 7.7% 1.7% 4.9% 6.8% 0.0% 7.6% 100.0% 12.0% 23.8% 0.0% 0.0% 5.3%

46,739 187,705 19,225 4,113 2,055 90 83,852 51,209 25,030 4,762 0

Current Year Surplus (Deficit)

(510,547)

(510,547)

(2,686,198)

DDA Carryforward Total Carry Forwards

2,055 365,511 367,566

2,055 365,511 367,566

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

Net Total Surplus (Deficit)

(142,981)

(142,981)

0

CRA Carryforward

0.7% 15.4% 13.7%

0

Marketing

Security

Y-T-D

Y-T-D

0

Incentives Y-T-D

0

0 0

0

22,425

424,780

0

76,306

22,425

0

(411,816)

0

(76,306)

(22,425)

0

2,055 275,506 277,561

0 0 0

0 67,580 67,580

0 22,425 22,425

0 0 0

(134,255)

0

(8,726)

0

0

No CPA provides any assurance on these financial statements.

Supplemental Schedules October 31, 2023 SCHEDULE 1 - CURRENT YEAR REVENUES Current Year Revenues Tax Revenues TIF Rosemary Square MOU DDA/CRA Interlocal CRA Project Funding DDA/City Interlocal Agreement Interest Income Dividend Income Gain or (Loss) on Investments Virgin Trains USA Ticket Sales Sponsorships Fees and Services Grants and Contributions Total Reimbursements Other Miscellaneous Income Gain (Loss) on Sale of Assets Total Current Year Revenues

Gross

Month

Year-to-Date

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Budget

%

0 0 0 0 0 0 12,691 0 0 0 0 273 0 0 0 0

0 0 0 0 0 0 12,691 0 0 0 0 273 0 0 0 0

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

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 57.7% 0.0% 0.0% 0.0% 0.0% 136.5% 0.0% 0.0% 0.0% 0.0%

0 0 0 0 0 0 12,691 0 0 0 0 273 0 0 0 0

0

12,964

12,964

7,259,710

0.2%

12,964

0

No CPA provides any assurance on these financial statements.

0

0

0

West Palm Beach Downtown Development Authority Supplemental Schedules October 31, 2023 Gross Month

Year-to-Date

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

SCHEDULE 2 - BUSINESS DEVELOPMENT Total Property and Buss Incentives 0 Facade Improvements 0 Leasing/Brokers Meeting 0 Total Business Training and Support 0 Business Partnerships 46,739 Grand Open/New Business 0

0 0 0 0 46,739 0

375,000 150,000 30,000 140,000 100,000 20,000

0.0% 0.0% 0.0% 0.0% 46.7% 0.0%

0 0 0 46,739 0

Total Business Development

46,739

46,739

815,000

5.7%

46,739

SCHEDULE 3 - PUBLIC REALM MAINTENANCE 24,978 Clean Team 40,535 Graffitti Maintenance 750 Landscape Maintenance 0 Holiday Lights 82,604 Signage & Pedestrial Wayfinding 38,838 Capital Projects/Alleys 0

24,978 40,535 750 0 82,604 38,838 0

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

3.3% 7.6% 4.3% 0.0% 35.2% 45.7% 0.0%

24,978 40,535 750 0 82,604 38,838 0

Total Physical Environment

187,705

2,450,248

7.7%

187,705

Pressure Washing/Street Clean

187,705

0

No CPA provides any assurance on these financial statements.

0

0

0

0

0

0

0

0

West Palm Beach Downtown Development Authority Supplemental Schedules October 31, 2023 Gross Month

Year-to-Date

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

SCHEDULE 4 - MARKETING/PR

Community & Cultural Promotion

0 480 8,500 0 5,000 58,726 1,100 2,500

0 480 8,500 0 5,000 58,726 1,100 2,500

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

0.0% 0.4% 3.8% 0.0% 3.3% 13.1% 0.7% 0.9%

Total Marketing/PR

76,306

76,306

1,430,902

5.3%

0

0 0 22,425 0 5,000 14,225 0

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

0.0% 0.0% 2.1% 0.0% 0.0% 3.9% 0.0%

0

Mobility Coalition Funding

0 0 22,425 0 5,000 14,225 0

0 5,000 14,225 0

Total Res. Services/Quality of Life

41,650

41,650

2,482,729

1.7%

19,225

Survey

Collateral Materials PR/Marketing

Retail Promotion Total Value Added Events Advertising and Promotion Marketing Programs

0 480 8,500 0 5,000 58,726 1,100 2,500 0

76,306

0

0

SCHEDULE 5 -NEIGHBORHOOD SERVICES Homeless Outreach

Transportation Security and Policing Public Space Programs Community Engagement Residential Programming

0 22,425

No CPA provides any assurance on these financial statements.

0

0

22,425

0

West Palm Beach Downtown Development Authority Supplemental Schedules October 31, 2023 Gross Month

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

Year-to-Date

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Equipment, Computers, Programs

469 1,946 0 1,698

469 1,946 0 1,698

40,350 0 4,000 40,000

1.2% 0.0% 0.0% 4.2%

0 1,698

Total General Office

4,113

4,113

84,350

4.9%

2,167

Telephone Expense

1,333 0 0 0 722

1,333 0 0 0 722

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

22.2% 0.0% 0.0% 0.0% 7.2%

1,333 0 0 0 722

Total Operations

2,055

2,055

30,242

6.8%

2,055

General Postage

SCHEDULE 7 - OPERATIONS Dues Hospitality Board Meeting Publications

469

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 October 31, 2023 Gross Month

Year-to-Date

Trolley

Annual

Budget

Work Plan

Services

Marketing

Security

Incentives

Budget

%

Y-T-D

Y-T-D

Y-T-D

Y-T-D

Y-T-D

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

0 90 0 0 0

0 90 0 0 0

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

0.0% 0.2% 0.0% 0.0% 0.0%

0 90 0 0 0

Total Professional Services

90

90

464,582

0.0%

90

Some rounding error may occur.

No CPA provides any assurance on these financial statements.

0

0

0

0

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

TO:

FROM: Catherine Ast, District Services Manager RE:

Clean Team Amendment for Services

DATE: November 14, 2023

_________________________________________________________________________________________

The DDA has a contract with Image Janitorial for services within the Downtown District. In reviewing the needs of the Downtown, we have found the cleanliness of Clematis is impacted by the emptying of trash cans along the sidewalk. To better care for and maintain the street and equipment, staff is presenting an amendment to the services and asking for approval to add the following to the Image contract: • • •

Emptying Clematis Street trash cans from the 100 block through the 800 block.

Service is for seven (7) days a week.

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

Providing this service will help us maintain the cleanliness of the street and increase the longevity of the trash cans.

Staff request approval of the Amendment of the Image contract, not to exceed amount.

107 S Olive Avenue, Suite 200, West Palm Beach, FL 33401 Phone: 561.833.8873 - DowntownWPB.com

SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AND IMAGE COMPANIES, LLC THIS SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AND IMAGE COMPANIES, LLC is made and entered into as of the 14th day of November, IMAGE COMPANIES, a Florida Profit Corporation (“Contractor”), whose address is 1750 N. Florida Mango Road, Suite 103, West Palm Beach, FL 33409.

WHEREAS, the DDA and Contractor entered into a Streets and Public Space Cleaning Services AGREEMENT on June 15, 2021, hereinafter “AGREEMENT”; and WHEREAS, The DDA and Contractor executed the FIRST AMENDMENT to the AGREEMENT on April 19, 2022; and WHEREAS, ARTICLE 5 of the AGREEMENT provides that the AGREEMENT shall be effective through June 30, 2024; and WHEREAS, the parties desire to modify ARTICLE 3 of the AGREEMENT as more particularly set forth herein; NOW THEREFORE, in consideration of the mutual covenants contained herein and in the original AGREEMENT, and other good and valuable consideration, the receipt of which is hereby acknowledged by both parties, the parties agree as follows: 1.

ARTICLE 3. COMPENSATION of the AGREEMENT is deleted in its entirety and is

replaced by the following: Contractor shall perform all work required in accordance with this AGREEMENT, except as may be amended by the parties, for an amount not to exceed Five Hundred Thirty-Five Thousand Dollars ($535,000.00) per Contract Year (July 1,2023 through June 30, 2024).

All monthly services will be charged and invoiced in accordance with the prices and zones set forth in Exhibit C, which is attached hereto for convenience. Pricing shall be increased by three percent (3%) COLA each year, beginning on July 1st.

The DDA shall pay contractor within 45 days of receipt of Contractor’s invoice for Streets and Public Space Cleaning Services.

2.

All other Articles, terms, and conditions of the AGREEMENT shall remain in full force

and effect except as amended by the FIRST AMENDMENT and by this SECOND AMENDMENT.

Page 1 of 2

IN WITNESS WHEREOF, the parties have executed this SECOND AMENDMENT as of the effective date first written above.

WEST PALM BEACH DOWNTOWN

CONTRACTOR

DEVELOPMENT AUTHORITY

IMAGE COMPANIES, LLC.

By:

By: Richard Reikenis, CHAIRMAN

Tim Wilson, PRESIDENT / OWNER

ATTEST

WITNESS

By:

By:

Print Name:

Print Name:

APPROVED AS TO FORM AND LEGAL SUFFICIENCY Corporate Seal By: R. Max Lohman, Esq., General Counsel

Page 2 of 2

Image Janitorial Services, Inc. 561-844-8778

1750 N. Florida Mango Road, Suite 103

West Palm Beach, FL 33409 Facsimile 561-844-8986

Service Agreement

July 5, 2023 Downtown Development Authority.

Attn: Catherine Ast, FCP District Service Manager

The Undersigned, Downtown Development Authority, “Customer”, hereby accepts the proposal of Image Janitorial Services, Inc. (“Image Janitorial”) to supply AM Trash Collection Services for our premises located at: · 300 Clematis Street, Suite 200 · West Palm Beach, FL 33401 Upon the following terms: · 1. Image Janitorial monthly service charge will be: A)  AM Cleaning Service collection of 80 trash cans from 100 Block to Tamarind: $11,057.00 Dollars per month for 7 x week service The above prices Do Not include applicable Florida 7% Sales Tax · 2. · 3. · 4. · 5.

6.

Included in all monthly service charges will be Image Janitorial Cleaning Staff, cleaning supplies, and any equipment which will be furnished by Image Janitorial.

All Janitorial Services specified in the “Specifications” attachment of this proposal (the “work”) will be provided to Customer in a satisfactory manner.

Image Janitorial Services, Inc. will carry insurance as specified by Downtown Development Authority and furnish a valid certificate of insurance for the term of the contract.

Image Janitorial may perform certain optional services as part of the regularly scheduled cleaning activity as described in Optional Services of this proposal, if applicable. The Optional services indicate which optional services are not included in the monthly service charge quoted above. Image Janitorial will perform other additional services upon request at prices outlined in Optional services or if specified to be determined at the time of request.

Unless stated as a one-time service charge, the term of this contract is for one year from the first day of service and will automatically extend for an additional year upon each anniversary date. Upon each renewal term, the amount of this contract shall increase the current CPI Index (Consumer Price Index).

With the approved minimum wage increase approved by State Legislature a revised price increased will be provided to client every year before each anniversary date.

If a party to this cleaning contract fails to perform according to its obligations hereunder (The nonperforming party”), the party claiming non-performance (“the claiming party”) will send the nonperforming party written notice by certified mail, specifying the manner of non-performance. This notice will provide that the non-performing party will have fifteen (15) days from the date of receipt to cure or correct the items of non-performance to the satisfaction of Downtown Development

Image Janitorial Services. Page of 2 Service Contract for: Downtown Development Authority trash can collection July 5, 2023

1

Authority. The claiming party will meet with the non performing party within the 15 Day cure period to acknowledge satisfactory completion of the items specified in the certified letter. If these items have not been corrected or cured within this fifteen (15) day period, the claiming party may then terminate this Agreement by sending the non-performing party a thirty (30) day written notice of termination. · 7. The service charge will remain in effect for one year unless there are changes in the original specifications for the premises. In the event of such changes, Customer will advise Image Janitorial accordingly. · 8. Customer agrees that it will not employ or contract with any Image Janitorial employee, or assign, or any of the assign’s employees during the term of this contract, and for one hundred and eighty (180) days after the termination of this contract, without Image Janitorial written consent. If the Customer does employ any Image Janitorial employee, or assign, or any of the assign’s employees during the term of this contract, and for one hundred and eighty (180) days after the termination of this contract the Customer agrees to compensate Image Janitorial Services, Inc. $3,500.00 (Three Thousand-Five Hundred Dollars and zero cents) per Image Janitorial employee, or assign, or any of the assign’s employees. · 9. Image Janitorial will invoice Customer monthly, and Customer agrees to pay Image Janitorial the amount that is due and owing under the terms of this contract within fifteen (15) days of billing date.

Payment of any outstanding balance shall be due in full on or before contract termination date. Late payments will incur late fees and finance charges in the amount of 18% per annum, or 1.5% monthly. In the event of default on payment, Customer agrees to pay Image Janitorial attorney’s fees and costs for collection. · 10. All communication between client and Image Janitorial will be conducted via email: for Image Janitorial Services: service@imagecompanies.com , and for Downtown Development Agency CAst@DowntownWPB.com in addition to the communication to our headquarters office numbers and to the contact numbers for the Account Manager.

ACCEPTANCE OF TERMS AUTHORIZED SIGNATURES ____________________________________ Downtown Development Authority/ Date: ____/_____/_____ Signature ____________________________________ Print Name

______________________________ Image Companies / Date: ____/____/_____ Signature

____________________________________ Print Name

Send Invoices to (If different from service location): _______________________________________________ _______________________________________________

Please sign and fax back to the Image Companies. Thank you!

Image Janitorial Services. Page of 2 Service Contract for: Downtown Development Authority trash can collection July 5, 2023

2

EXHIBIT C AMENDMENT 2 - FEE Zone 1 - Downtown $12,389.54 Core Zone 2 - Govt. Ctr / $884.98 Park Zone 3 - DDA North

$530.99

Zone 4 - DDA South

$2,477.91

Zone 5 - Seaboard Train Station

$2,123.92

Zone 6 - Clearwater

$707.97

Zone 7 - Waterfront

$4,955.81

Item 7 - Meyer

$3,716.87

Item 8 - Waterfront Commons Clematis Trash Can Emptying

$2,574.45 $11,057.00

Monthly Total

$41,419.44

Annual Total

$497,033.28

DOWNTOWN CLEAN TEAM Service Area Zone Map Updated 11.2023 ZONE 1: DOWNTOWN CORE ZONE 2: Governmental Center / Park ZONE 3: North District ZONE 4: South District

ZONE 3

ZONE 5: Seaboard Train Station (Tri-Rail) ZONE 6: Clearwater ZONE 7: Flagler Waterfront, Waterfront Commons and Meyer Amphitheatre Clematis Trash Can Emptying

Jose Marti Park

ZONE 2 Banyan Garage

Waterfront Commons

DDA

ZONE 1

City Hall Library

BRIGHTLINE

Post Office

SEABOARD TRAIN STATION

Meyer

FLAGLER WATERFRONT

ZONE 4

ZONE 7

Gardenia St

ZONE 4 Hibiscus St

Tanglewood Ct Iris St

Trinity Pl Chase St

ROSEMARY SQUARE PROPERTY NOT INCLUDED IN SCOPE Rosemary Ave

ZONE 6

Police Dept and Parking Garage

ZONE 5 Tri-Rail

100 South and 100 North Clematis

200 Block Clematis

300 Block Clematis

400 Block Clematis

500 Block Clematis

600 Block Clematis

700 / 800 Block Clematis

MEMO TO:

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

FROM: Raphael Clemente RE:

Master ILA Amendment

DATE: Tuesday, November 14, 2023

_________________________________________________________________________________________

The DDA’s working and fiscal relationship with the City of West Palm Beach and the Community Redevelopment Agency is defined and governed by a tri-party agreement that is amended from time to time. The attached draft of the amended 2019-2024 Interlocal Agreement includes changes that reflect the status of programs and projects the DDA is responsible for or participating in.

All changes to the interlocal agreement and the projects, programs, and funding obligations defined therein have been agreed to by the board in prior meetings.

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

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

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

Staff will provide a presentation and summary of the changes as described.

Staff recommendation is approval of the proposed changes to the 2019-2024 Interlocal Agreement.

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

SECOND 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. 23818.002

THIS SECOND 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 first Amendment to the Agreement, dated February 18, 2022, and recorded in Official Record Book 33328, Page 279, was executed to clarify exterior maintenance, homelessness prevention services and roles and responsibilities for 314 Clematis; 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; WHEREAS, the first Amendment to the Agreement established an allocation for homeless services. The parties desire to modify such provisions to provide more flexible assistance; and WHEREAS, the Agreement describes certain landscaping and public space cleaning services to be provided by the DDA and established costs for such services to be reimbursed by the City/CRA. The parties desire to amend the Agreement to reflect the budgeted allocations for the next fiscal year; and WHEREAS, the City approved a stop-gap pilot program for fixed route downtown transportation and expansion of on demand transportation services under Resolution No. 133-23, and executed an agreement with Circuit Transit Inc., dated May 31, 2023 for such pilot program services. The City, CRA and DDA have agreed to fund fixed route and expanded downtown transportation services to support the stop-gap pilot program for fiscal year 2024 and 2025; and CRA/DDA/City Interlocal Amd 23818.002 101023

1

WHEREAS, the parties desire to amend the Agreement to reflect these changes; 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 further amend the Agreement as follows: 1.

Homelessness Services. Section 3.9, as amended by the first Amendment, is hereby further amended and replaced, and shall now read as follows: 3.9

2.

Compassion Fund. The DDA’s Work Plan shall contain, and the DDA shall allocate in its annual budget a minimum of $100,000 to a “Compassion Fund”.

This funding shall be used in conjunction with the City’s Entertainment District Police Unit and outreach efforts to assist persons experiencing homelessness with funding to find a place to stay, transportation to shelter, and/or other support services.

Section 4.4 is hereby amended to now read as follows: Funds designated by the parties for the Compassion Fund shall be used in conjunction with the City’s Entertainment District Police Unit and outreach efforts to assist persons experiencing homelessness with funding to find a place to stay, transportation to shelter, and/or other support services.

3.

Trolley / Transit Services. Section 4.3 is hereby deleted in its entirety and replaced with the following: 4.3 Stop-gap Transit program. The CRA and DDA agreed to contribute funding toward the City’s stop-gap transit pilot program pursuant to the agreement with Circuit Transit Inc., dated May 31, 2023, for services provided in their respective districts. Funding shall be contributed as follows: CRA: One Million Five Hundred Thousand Dollars ($1,500,000.00) DDA: Four Hundred Fifty Thousand Dollars ($450,000.00) Such funding shall be provided to City within forty-five (45) days of receipt of an invoice from the City.

4. Street Cleaning Services. Section 7, as amended by the first Amendment, is hereby further amended and replaced, and shall now read as follows: SECTION 7:

STREET CLEANING

7.1 The DDA shall provide exterior janitorial services described below in the public spaces of the following locations, for the cost indicated. The City/CRA shall issue a purchase order(s) for each fiscal year in the amounts defined below. Funding for services stated below will increase annually on October 1 by 2.5 % for COLA, a) Seaboard Train Station.

$2$25,487.04 Annually

1. Services shall not exceed the cost of $25,487.04 annually unless additional funding is provided by the DDA Board. a) Services shall be provided Mondays, Wednesdays, and Fridays, from 8 am – 4 pm (hours subject to change as needed) CRA/DDA/City Interlocal Amd 23818.002 101023

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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). b) Waterfront: $134,965.56 Annually Flagler Waterfront, includes Flagler Drive from the seawall on the east to the western edge of sidewalk from Banyan Blvd to Lakeview Ave., the City docks, Meyer Amphitheatre and the Waterfront Commons area.

1. Services shall not exceed the cost of $134,965.00 annually, unless additional funding is provided by the DDA Board.

2. Services shall be provided seven (7) days per week (except during Boat Show and Sunfest). Service will begin no later than 6:30 am and will cover the entire area. A crew member will stay in the Waterfront / Clematis area until 4pm, after which either City staff responds or upon written request by the City or CRA, the DDA responds and invoices the City for a response outside of the regular schedule.

3. Services include: i. Litter cleanup of grounds (loose garbage) ii Wipe down and emptying of trash cans as needed.

Services do not include restroom cleaning or event cleaning.

7.2 The DDA may invoice the City and/or CRA on a monthly basis for services provided, as a pro rata portion of the annual amounts indicated above. DDA shall email invoices to wpbap@wpb.org, accompanied by backup documentation.

Invoices shall indicate the time period of the charges. DDA may also submit separate invoices for services outside of the regular scope and schedule that were requested in writing by the City and/or CRA. Evidence of such request must accompany each such invoice.

7.3 Services may be terminated at any time with a 30-day notice from the City. The City will be obligated only for the amount equal to the services rendered at time of termination.

5. 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.

6. Landscaping Services – City Garages. Section 9 is hereby amended and replaced to address landscaping services for the identified City properties. Section 9 shall now read as follows: SECTION 9:

LANDSCAPING SERVICES

9.1 Landscaping Service Locations. landscaping services:

The DDA shall provide the following

a) City Center: including areas around the Clematis Parking Garage and City Center/Hall courtyards. Services shall include: Cleaning, clearing and maintenance of hedges and plants in beds at City Center/City Hall. Tree trimming or plant replacement is not part of the scope but may be requested CRA/DDA/City Interlocal Amd 23818.002 101023

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on a case-by-case basis by the City in writing with a written estimate provided by the DDA prior to approval. b) Banyan Parking Garage: Services include: 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 Parking Garage: Services include: mowing, weed eating, edging, debris pick up, and care of the exterior grass, plants, hedges and trees. 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. Services include: 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 commencement of construction under the ground lease of Tent Site by CRA becomes effective.) Services include: 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: Irrigation Wet Checks are not included in this cost.

See Section 9.7 for those prices. On each October 1st, a 2.5% cost of living increase will be added to the cost.

City Hall & City Center Garage Banyan Garage Clematis Garage Evernia Garage Police (Sapodilla) Garage Seaboard Train Station Tent Site

CRA/DDA/City Interlocal Amd 23818.002 101023

$2,068.55 per month = $24,822.60 annually $1,114.62 per month = $13,375.44 annually $857.67 per month = $10,292.04 annually $974.70 per month = $11,696.40 annually $1,242.42 per month = $14,909.04 annually $3,161.45 per month = $37,937.40 annually $565.03 per month = $6,780.36 annually

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Total Annual Cost: $123,540.02 9.4 Plant Replacement. Plant replacement is not included in the above services and costs. Upon request from the City for plant replacement or change out, the DDA will provide a written detailed cost proposal for authorization from City Administration or CRA Executive Director, as appropriate, based on which entity will make payment. Upon DDA’s receipt of a signed approval and issuance of a purchase order, the DDA will proceed with the work.

9.5 Tree Trimming. Upon request from the City for tree trimming services, the DDA will provide a written detailed cost proposal for authorization from City Administration or CRA Executive Director, as appropriate, based on which entity will make payment. Upon DDA’s receipt of a signed approval and issuance of a purchase order, the DDA will proceed with the work.

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 and on each October 1st, a 2.5% cost of living increase will be added to the cost: Banyan Garage: Clematis Garage: Evernia Garage Sapodilla / Police Garage: City Hall Complex:

$256.25 per month = $256.25 per month = $256.25 per month = $256.25 per month = $307.50 per month =

$3,075.00 annually $3,075.00 annually $3,075.00 annually $3,075.00 annually $3,690.00 annually

Total Annual Cost (all garages) = $15,990.00 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 detailed cost proposal for authorization from City Administration or CRA Executive Director, as appropriate, based on which entity will make payment. Upon DDA’s receipt of a signed approval and issuance of a purchase order, the DDA will proceed with the work.

9.9 Not included. Landscaping services provided by the DDA under this Agreement will not include: a) Tree replacement b) Care or trimming of any tree outside of Clematis Street and Rosemary Avenue from Clematis Street to Evernia Street. c) Underground irrigation items– unless requested by City at additional cost d) Repair of any hanging baskets or light pole's 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.

CRA/DDA/City Interlocal Amd 23818.002 101023

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7. Landscaping Services – City Center. Section 10 is hereby deleted in its entirety. Landscaping services for City Center are addressed in the amended Section 9.

8. 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 / CLEANING PUBLIC SPACES 11.1 Pressure Washing/Cleaning Services. The DDA will pressure wash Clematis Street as provided herein. 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) Additional streets/areas within the DDA District: Upon request from the City for pressure washing and cleaning of additional streets within the DDA District, the DDA will provide a written detailed cost proposal for authorization from City Administration or CRA Executive Director, as appropriate, based on which entity will make payment. Upon DDA’s receipt of a signed approval and issuance of a purchase order, the DDA will proceed with the work.

11.2

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.

9. 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 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.

This Amendment shall be performed under the terms and 10.

Agreement Reference. 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).

11.

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.

CRA/DDA/City Interlocal Amd 23818.002 101023

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12.

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.

IN WITNESS WHEREOF, the parties hereto have made and executed this Second 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:_________________________, 2023

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:_________________________, 2023

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 23818.002 101023

Date:

__________, 2023

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