March 21, 2023 Regular DDA Board Meeting Packet

Page 1

REGULAR BOARD MEETING

AMENDED AGENDA

Downtown Development Authority

Tuesday, March 21, 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: 813 8569 2379

CALL TO ORDER

PUBLIC COMMENTS AND QUESTIONS

EXECUTIVE DIRECTOR’S REPORT

PRESENTATIONS

• Recognition of Exceptional Service: Scott Lewis Gardening

CONSENT CALENDAR (Action Required) Rick

• Minutes of Regular Board meeting February 21, 2035

• Financial Statement of February 2023

OLD BUSINESS (Action Required) Rick

NEW BUSINESS (Action Required Rick

• Budget Amendment No. 02-2023 Amending the FY 2023 Budget Vivian

• Hardscape Repair Memorandum of Understanding Raphael

ANNOUNCEMENTS ADJOURNMENT

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

REGULAR BOARD MEETING MINUTES

Downtown Development Authority

Tuesday, February 21, 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: 827 8256 3817

ATTENDANCE

DDA Board members in attendance: Chairman Rick Reikenis, Cynthia Nalley, Vice Chairman William Jacobson, Varisa Lall Dass, Daryl Houston, Samantha Bratter. DDA Staff in attendance: Raphael Clemente, Vivian Ryland, Jacqueline Smith, Tiffany Faublas, Sherryl Muriente, Teneka James-Feaman, Sabrina Lolo, and Attorney Max Lohman

CALL TO ORDER

Chairman Reikenis called the meeting to order at 8:35 a.m.

PUBLIC COMMENTS

None

EXECUTIVE DIRECTOR’S REPORT

Raphael Clemente provided information on upcoming events, including the Trojan Rocking Horses, a Brokers Breakfast being hosted by the DDA on March 8 for commercial brokers and downtown property owners, and the Urban Land Institute Development and Investment Forum featuring Richard Florida.

Clemente reported that City staff is working on limiting new dispensaries in the Clematis Waterfront District and a distance requirement in other areas. Vice Chair Jacobson reported that at the Antique & Flea Market there were many negative comments about the dispensary coming to Clematis Street.

Clemente also shared that the ULI has selected the Clearlake district to provide planning assistance to help make the area more vibrant and create more connectivity to the Clematis Waterfront District.

Clemente asked that Effectv be removed from the agenda and to reorganize the agenda to allow for the West Palm Beach Police Department presentation to be moved before the consent agenda. Board Action: Nalley made a motion to reorder the agenda. Houston 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

PRESENTATIONS

Clemente introduced Kristl Story, the owner and operator of West Palm Beach Food Tours, to receive recognition for the positive impact of West Palm Beach Food Tours and her continued dedication and support of Downtown West Palm Beach. Story stated that they have been in business in West Palm Beach for 7.5 years, and talked about how attendees on the tours remarked on the cleanliness of downtown. Currently they conduct a lunch tour with a full meal at a local restaurant, a tour of the Greenmarket and a Happy Hour tour. Reikenis, DDA Board Chair remarked that he had gone on a tour and said it was fun and recommended them.

NEW BUSINESS

• West Palm Beach Police Department Equipment Request – Deputy Chief Morris said that downtown is a priority for the department and that the equipment purchase will help the Police Department be more responsive and visible. The request was made to fund the purchase of two electric carts and six electric bikes that will be used to patrol the downtown area. The maintenance for the newly purchased equipment will be provided by the West Palm Beach Police Department.

The effectiveness of utilizing this equipment in the DDA district will be determined by the improvement in quality of life and surveying the community to determine satisfaction.

The DDA attorney stated that the equipment could legally only be used within the DDA boundaries.

Board Action Nalley made a motion to approve the DDA funding the equipment. Reikenis seconded the motion. The motion passed unanimously.

CONSENT CALENDAR

• Minutes of Regular Board Meeting January 17, 2023

• Financial Statement of December 2022

• Financial Statement of January 2023

OLD BUSINESS

Incentive Grants – James-Feaman presented an update to the incentive grants proposing non-eligible businesses, which include vape and smoke shops, dispensaries, chain stores, state or federal banking offices, tattoo/body piercing shops, and any site that had current code violations. James-Feaman also reminded the Board that the incentives were for ground floor businesses only and that there is no review committee for grants under $50,000. Grants over $50,000 will be presented to the DDA Board for review.

Board Action: Lall Dass made a motion to approve the recommended changes to the DDA’s incentive program presented by staff. Houston seconded the motion. The motion passed unanimously.

ANNOUNCEMENTS

Board member Nalley announced that the DNA’s quarterly meeting will be held on March 1st and Mayor James will be in attendance to provide an update about the City.

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

ADJOURNMENT

Bratter made a motion to adjourn the meeting. Reikenis seconded the motion. The motion passed unanimously. Meeting adjourned at 10:15 am.

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

No CPA provides any assurance on these financial statements.

Current Assets PNC Bank Operating 1,637,979 Valley National Bank - MMA 160,895 PNC Investment Management Acct 5,005,431 Petty Cash 50 Interest Income Receivable 4,312 Total Current Assets 6,808,667 Other Assets Lease Security Deposit 23,000 Total Other Assets 23,000 6,831,667 Total Assets LIABILITIES AND FUND BALANCE Current Liabilities Due to Lincoln National 5,612 Vision Premium Payable (74) Flexible Spending Withholding (557) Suppl Med Ins. Premium Payable 95 Total Current Liabilities 5,076 Fund Balance 3,601,875 Net Income 3,224,716 Total Fund Balance 6,826,591 Total Liabilities and Fund Balance 6,831,667 February 28, 2023 West Palm Beach Downtown Development Authority Balance Sheet
ASSETS

West Palm Beach Downtown Development Authority Statement of Revenues And

No CPA provides any assurance on these financial statements.

Trolley Gross Annual Budget Work Plan Services Marketing Security Incentives Month Year-to-Date Budget % Y-T-D Y-T-D Y-T-D Y-T-D Y-T-D Current Year Revenues - Schedule 1 86,611 5,743,876 6,366,707 90.2% 2,853,876 875,000 1,265,000 650,000 100,000 Expenditures Business Development - Schedule 2 9,326 71,919 693,987 10.4% 41,198 30,721 Public Realm Maintenance - Schedule 3 141,590 774,026 2,120,700 36.5% 774,026 Marketing/Public Relations- Schedule 4 152,877 445,135 1,580,000 28.2% 0 445,135 Neighborhood Services - Schedule 5 170,364 602,000 2,160,000 27.9% 38,931 397,177 165,892 General Office - Schedule 6 2,891 20,139 69,760 28.9% 20,139 Operations - Schedule 7 2,859 10,095 31,328 32.2% 10,095 Professional Services - Schedule 8 44,783 76,502 200,000 38.3% 76,502 Total Personnel Expense 80,195 396,839 1,045,000 38.0% 396,839 Insurance Expense 0 44,407 40,000 111.0% 44,407 Total Rent Expense 6,561 67,406 200,000 33.7% 67,406 Tax Collection 0 8,647 20,000 43.2% 8,647 Travel and Training 250 2,046 16,000 12.8% 2,046 Reserves 0 0 716,873 0.0% Total Expenditures 611,696 2,519,161 8,893,648 28.3% 1,480,236 397,177 445,135 165,892 30,721 Current Year Surplus (Deficit) (525,085) 3,224,715 (2,526,941) 1,373,640 477,823 819,865 484,108 69,279 DDA Carryforward 1,033 4,692 99,487 4.7% 4,692 0 0 0 0 CRA Carryforward 83,144 964,401 2,427,454 39.7% 501,374 100,000 202,306 130,000 30,721 Total Carry Forwards 84,177 969,093 2,526,941 38.4% 506,066 100,000 202,306 130,000 30,721 Net Total Surplus (Deficit) (440,908) 4,193,808 0 1,879,706 577,823 1,022,171 614,108 100,000
Expenditures February
28, 2023

-

Supplemental Schedules

February 28, 2023

SCHEDULE 1 - CURRENT YEAR REVENUES

No CPA provides any assurance on these financial statements.

Gross Trolley Annual Budget Work Plan Services Marketing Security Incentives Current Year Revenues Month Year-to-Date Budget % Y-T-D Y-T-D Y-T-D Y-T-D Y-T-D Tax Revenues 82,132 2,770,428 2,945,187 94.1% 2,670,428 100,000 TIF 0 (2,821,581) (2,763,173) 102.1% (2,821,581) Rosemary Square MOU 0 0 135,000 0.0% 0 DDA/CRA Interlocal 0 5,765,076 5,768,493 99.9% 2,975,076 875,000 1,265,000 650,000 CRA Project Funding 0 0 280,700 0.0% 0 Interest Income 4,479 6,080 500 1216.0% 6,080 Dividend Income 0 0 0 0.0% 0 Gain or (Loss) on Investments 0 22,525 0 0.0% 22,525 Virgin Trains USA Ticket Sales 0 0 0 0.0% 0 Sponsorships 0 0 0 0.0% 0 Fees and Services 0 0 0 0.0% 0 Grants and Contributions 0 1,288 0 0.0% 1,288 Total Reimbursements 0 0 0 0.0% 0 Other Miscellaneous Income 0 0 0 0.0% 0 Gain (Loss) on Sale of Assets 0 60 0 0.0% 60 0 Total Current Year Revenues 86,611 5,743,876 6,366,707 90.2% 2,853,876 875,000 1,265,000 650,000 100,000

West Palm Beach Downtown Development Authority

No CPA provides any assurance on these financial statements.

Supplemental Schedules February 28, 2023 Gross Trolley Annual Budget Work Plan Services Marketing Security Incentives Month Year-to-Date 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 30,721 200,000 15.4% 30,721 Facade Improvements 0 150 160,000 0.1% 150 Leasing/Brokers Meeting 2,576 12,772 30,000 42.6% 12,772 Total Business Training and Support 6,250 12,750 177,987 7.2% 12,750 Business Partnerships 500 15,526 106,000 14.6% 15,526 Grand Open/New Business 0 0 20,000 0.0% 0 Total Business Development 9,326 71,919 693,987 10.4% 41,198 0 0 0 30,721 SCHEDULE 3 - PUBLIC REALM MAINTENANCE Pressure Washing/Street Clean 95,200 261,000 610,000 42.8% 261,000 Clean Team 29,478 117,912 541,300 21.8% 117,912 Graffitti Maintenance 2,000 6,540 20,000 32.7% 6,540 Landscape Maintenance 0 216,626 559,400 38.7% 216,626 Holiday Lights 14,912 171,948 175,000 98.3% 171,948 Signage & Pedestrial Wayfinding 0 0 40,000 0.0% 0 Capital Projects/Alleys 0 0 175,000 0.0% 0 Total Physical Environment 141,590 774,026 2,120,700 36.5% 774,026 0 0 0 0

West Palm Beach Downtown Development Authority

No CPA provides any assurance on these financial statements.

Supplemental Schedules February 28, 2023 Gross Trolley Annual Budget Work Plan Services Marketing Security Incentives Month Year-to-Date Budget % Y-T-D Y-T-D Y-T-D Y-T-D Y-T-D SCHEDULE 4 - MARKETING/PR Survey 0 0 0 0.0% 0 Collateral Materials 1,055 27,847 150,000 18.6% 27,847 PR/Marketing 8,991 19,936 225,000 8.9% 19,936 Retail Promotion 5,467 16,342 80,000 20.4% 16,342 Total Value Added Events 2,055 28,800 150,000 19.2% 28,800 Advertising and Promotion 64,297 174,858 500,000 35.0% 174,858 Marketing Programs 15,797 32,228 150,000 21.5% 32,228 Community & Cultural Promotion 55,215 145,124 325,000 44.7% 145,124 Total Marketing/PR 152,877 445,135 1,580,000 28.2% 0 0 445,135 0 0 SCHEDULE 5 -NEIGHBORHOOD SERVICES Homeless Outreach 0 0 150,000 0.0% 0 Transportation 120,929 397,177 975,000 40.7% 397,177 Security and Policing 25,642 165,892 780,000 21.3% 165,892 Public Space Programs 0 235 155,000 0.2% 235 Community Engagement 2,493 13,539 37,000 36.6% 13,539 Residential Programming 1,300 5,157 63,000 8.2% 5,157 Mobility Coalition Funding 20,000 20,000 0 0.0% 20,000 Total Res. Services/Quality of Life 170,364 602,000 2,160,000 27.9% 38,931 397,177 0 165,892 0

West Palm Beach Downtown Development Authority

No CPA provides any assurance on these financial statements.

Supplemental Schedules February 28, 2023 Gross Trolley Annual Budget Work Plan Services Marketing Security Incentives Month Year-to-Date Budget % Y-T-D Y-T-D Y-T-D Y-T-D Y-T-D SCHEDULE 6 - GENERAL OFFICE General Office Expense - Other 585 5,559 40,000 13.9% 5,559 Investment Expenses 0 2,249 0 0.0% General Postage 100 281 4,760 5.9% 281 Equipment, Computers, Programs 2,206 12,050 25,000 48.2% 12,050 Total General Office 2,891 20,139 69,760 28.9% 17,890 0 0 0 0
Dues 2,125 5,175 6,000 86.3% 5,175 Hospitality 82 692 9,500 7.3% 692 Board Meeting 72 1,201 5,500 21.8% 1,201 Publications 0 0 328 0.0% 0 Telephone Expense 580 3,027 10,000 30.3% 3,027 Total Operations 2,859 10,095 31,328 32.2% 10,095 0 0 0 0
SCHEDULE 7 - OPERATIONS

SCHEDULE 8 - PROFESSIONAL SERVICES

West Palm Beach Downtown Development Authority

Some rounding error may occur.

No CPA provides any assurance on these financial statements.

Schedules February 28, 2023 Gross Trolley Annual Budget Work Plan Services Marketing Security Incentives Month Year-to-Date Budget % Y-T-D Y-T-D Y-T-D Y-T-D Y-T-D 2,500 10,100 30,000 33.7% 10,100 2,258 17,658 60,000 29.4% 17,658 0 0 25,000 0.0% 0 40,025 46,195 55,000 84.0% 46,195
Supplemental
Accounting Professional Service Audit Studies and Surveys Legal 0 2,549 30,000 8.5% 2,549 Total Professional Services 44,783 76,502 200,000 38.3% 76,502 0 0 0 0

MEMO

TO: DDA Board

Rick Reikenis, chair

William Jacobson, vice chair

Samantha Bratter

Robert Sanders

Cynthia Nalley

Varisa Lall Dass

Daryl Houston

FROM: Vivian Ryland, Director of Administration

RE: Budget Amendment Resolution 02-2023

DATE: March 21, 2023

At the February 21, 2023, Board meeting, the Board unanimously approved funding for equipment for the West Palm Beach Police Department to assist in patrolling the downtown area. Staff recommends using $60,000 from Reserves to transfer to Security and Policing to pay for the equipment.

The attached budget amendment spreadsheet highlights the changes to the 2023 year budget The net change to the budget is zero.

300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833 8873|Fax: 561.833.5870| www.downtownwpb.com
WEST PALM BEACH DDA BUDGET TRANSFER/AMENDEMENT Budget Amendment Resolution No. 2-2023 CRA BUDGET CRA BUDGET BEFORE TRANSFER AFTER CLASS ACCT NO. TRANSFER AMENDMENT TRANSFER DDA CRA REVENUES Reserves CRA 7900 60,133 (60,000) 133 0 (60,000) CRA BUDGET CRA BUDGET BEFORE TRANSFER AFTER CLASS ACCT NO. TRANSFER AMENDMENT TRANSFER DDA CRA EXPENDITURES Security & Policing CRA 7600 650,000 60,000 710,000 0 60,000 Net increase/decrease 710,133 0 710,133 0 0
300 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone: 561.833 8873|Fax: 561.833.5870| www.downtownwpb.com

RESOLUTION NO. 02-2023

A RESOLUTION OF THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AMENDING THE ADOPTED 2022/2023 FISCAL YEAR BUDGET; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

WHEREAS the West Palm Beach Downtown Development Authority adopted its Final 2022/2023 Fiscal Year Budget on September 21, 2022, by Resolution No. 07-2022; and

WHEREAS the Downtown Development Authority desires to amend its adopted budget to reduce 7900 Reserves by $60,000 which will be added to 7600 Security and Policing to bring the total budget for that line item to $840,000; as shown in the attached Exhibit A Amended Budget March 21, 2023

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 2022/2023 Fiscal Year Budget shall be attached to and made a part of said budget.

Section 3: This Resolution shall take effect immediately upon adoption.

AYE NAY

RICK REIKENIS, CHAIR ___ ___

WILLIAM JACOBSON, VICE CHAIR ___ ___

ROBERT SANDERS ___ ___

CYNTHIA NALLEY ___ ___

VARISA LALL DASS ___ ___

DARYL HOUSTON ___

SAMANTHA BRATTER ___ ___

PASSED AND ADOPTED THIS 21st day of March 2023.

DOWNTOWN DEVELOPMENT AUTHORITY

ATTEST: CERTIFICATE

I, the undersigned Executive Director of the West Palm Beach Downtown Development Authority, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by said Authority on the 21st day of March 2023.

________________________________________
___________________________________

West Palm Beach Downtown Development Authority

2022-2023 Amended Budget

March 21, 2023

Resolution 02-2023

2022-2023 2022-2023 CRA/City Project Fund CRA Carry Forward DDA Carry Forward FY 22/23 4010 Tax Revenues 2,945,187 $ - $ - $ - $ - $ 2,945,187 $ 4020 TIF (2,763,173) $ - $ - $ - $ - $ (2,763,173) $ 4030 DDA/CRA Interlocal Agreement 5,768,493 $ - $ - $ - $ 5,768,493 $ 4032 DDA/City Interlocal Agreement - $ 280,700 $ - $ - $ 280,700 $ 4035 CRA Project Funding - $ - $ - $ - $ - $ - $ 4050 Fees/Grants/Services/Interest 500 $ - $ - $ - $ - $ 500 $ 4060 Rosemary Square MOU 135,000 $ - $ - $ - $ - $ 135,000 $ 4210 Carryforwards - $ - $ - $ 2,427,454 $ 99,487 $ 2,526,941 $ Total Revenue 317,514 $ 5,768,493 $ 280,700 $ 2,427,454 $ 99,487 $ 8,893,648 $ 2022-2023 DDA 2022-2023 CRA CRA/City Project Fund CRA Carry Forward DDA Carry Forward Grand Total Business Development 6140 Grand Openings/New Business Training - $ 10,000 $ - $ 10,000 $ 20,000 $ 6195 Leasing/Brokers Meetings - $ 5,000 $ - $ 25,000 $ - $ 30,000 $ 6230 Business Training and Support - $ 60,000 $ - $ 65,000 $ - $ 125,000 $ 6230-01 Business Training and Support - 12x12 - $ - $ - $ 52,987 $ - $ 52,987 $ 6240 Façade Improvement Programs - $ - $ 160,000 $ - $ 160,000 $ 6320 Property & Business Incentives 100,000 $ - $ - $ 100,000 $ - $ 200,000 $ 6330 Business Partnerships - $ 6,000 $ - $ 100,000 $ - $ 106,000 $ Totals 100,000 $ 81,000 $ - $ 512,987 $ - $ 693,987 $

West Palm Beach Downtown Development Authority 2022-2023 Amended Budget

March 21, 2023 Resolution 02-2023 2022-2023 2022-2023 CRA/City CRA DDA Grand Public Realm Maintenance DDA CRA Project Fund Carry Forward Carry Forward TOTAL 6220 Holiday Lights - $ 175,000 $ - $ - $ - $ 175,000 $ 6236 Pressure Washing, Cleaning & Maintenance - $ 510,000 $ - $ 100,000 $ - $ 610,000 $ 6245 Signage and Pedestrial Wayfinding - $ - $ - $ 40,000 $ - $ 40,000 $ 6270 Landscape Maintenance - $ 380,000 $ 129,400 $ 50,000 $ - $ 559,400 $ 6280 Graffitti Removal - $ 12,600 $ - $ 7,400 $ - $ 20,000 $ 6290 Capital Projects - $ - $ - $ 175,000 $ - $ 175,000 $ 6295 Downtown Cleaning Team - $ 340,000 $ 151,300 $ 50,000 $ - $ 541,300 $ Totals - $ 1,417,600 $ 280,700 $ 422,400 $ - $ 2,120,700 $ 2022-2023 2022-2023 CRA/City CRA DDA Grand Marketing /Public Relations DDA CRA Project Fund Carry Forward Carry Forward TOTAL 6120 Advertising - $ 450,000 $ - $ 50,000 $ - $ 500,000 $ 6122 PR/Marketing - $ 175,000 $ - $ 50,000 - $ 225,000 6190 Retail Promotions - $ 20,000 $ - $ 60,000 - $ 80,000 6210 Community and Cultural Promotions - $ 290,000 $ - $ 35,000 - $ 325,000 6235 Value Added Events - $ 100,000 $ - $ 50,000 - $ 150,000 7700 Marketing Programs, Equipment & Web - $ 100,000 $ - $ 50,000 - $ 150,000 6300 Collateral Materials - $ 130,000 $ - $ 20,000 - $ 150,000 Totals - $ 1,265,000 $ - $ 315,000 $ - $ 1,580,000 $ 2022-2023 2022-2023 CRA/City CRA DDA Grand Neighborhood Services DDA CRA Project Fund Carry Forward Carry Forward TOTAL 6372 Residential Programming - $ 45,000 - $ 18,000 $ - $ 63,000 $ 6375 Community Engagement - $ 25,000 - $ 12,000 $ - $ 37,000 $ 7500 Transportation (Trolley & Circuit) - $ 875,000 - $ 100,000 $ - $ 975,000 $ 7600 Security and Policing - $ 710,000 - $ 130,000 $ - $ 840,000 $ 7605 Public Space Programs - $ 55,000 - $ 100,000 $ - $ 155,000 $ 7610 Homeless Outreach - $ 150,000 - $ - $ - $ 150,000 $ Totals - $ 1,860,000 $ - $ 360,000 $ - $ 2,220,000 $

West Palm Beach Downtown Development Authority

2022-2023 Amended Budget

March 21, 2023 Resolution 02-2023 2022-2023 2022-2023 CRA/City CRA DDA Grand General Office DDA CRA Project Fund Carry Forward Carry Forward TOTAL 6010 General Office - $ 25,000 $ - $ 15,000 $ - $ 40,000 $ 6040 Equipment, Computers & Programs - $ 25,000 $ - $ - $ - $ 25,000 6030 General Postage - $ 4,760 $ - $ - $ 4,760 6050 Office Supplies - $ - $ - $ - $ - $ 0 Totals - $ 54,760 $ - $ 15,000 $ - $ 69,760 $ 2022-2023 2022-2023 CRA/City CRA DDA Grand Operations DDA CRA Project Fund Carry Forward Carry Forward TOTAL 6420 Dues 2,000 $ - $ - $ - $ 4,000 $ 6,000 $ 6430 Hospitality 5,000 $ - $ - $ - $ 4,500 $ 9,500 $ 6440 Board Meetings/Legal Notices 5,500 $ - $ - $ - $ - $ 5,500 $ 6450 Publications 328 $ - $ - $ - $ - $ 328 $ 6460 Telephone - $ - $ - $ 10,000 $ - $ 10,000 $ Totals 12,828 $ - $ - $ 10,000 $ 8,500 $ 31,328 $ 2022-2023 2022-2023 CRA/City CRA DDA Grand Professional Services DDA CRA Project Fund Carry Forward Carry Forward TOTAL 6241 Studies and Surveys - $ 15,000 $ - $ 40,000 $ - $ 55,000 $ 6510 Accounting 30,000 $ - $ - $ - $ - $ 30,000 $ 6520 Audit - $ 25,000 $ - $ - $ - $ 25,000 $ 6530 Legal 30,000 $ - $ - $ - $ - $ 30,000 $ 6540 Professional Services - $ 15,000 $ - $ 45,000 $ - $ 60,000 $ Totals 60,000 $ 55,000 $ - $ 85,000 $ - $ 200,000 $ 2022-2023 2022-2023 CRA/City CRA DDA Grand DDA CRA Project Fund Carry Forward Carry Forward TOTAL 7000 Personnel - $ 925,000 $ - $ 120,000 $ - $ 1,045,000 $ 7100 Insurance 40,000 $ - $ - $ - $ 40,000 $ 7200 Rent 40,000 $ 110,000 $ - $ 50,000 $ - $ 200,000 $ 7300 Tax Collection 20,000 $ - $ - $ - $ - $ 20,000 $ 7800 Travel & Training (Board & Staff) 16,000 $ - $ - $ - $ - $ 16,000 $ 7900 Reserves 28,686 $ 133 $ - $ 537,067 $ 90,987 $ 656,873 $ Totals 144,686 $ 1,035,133 $ - $ 707,067 $ 90,987 $ 1,977,873 $ Total Expenses 317,514 5,768,493 280,700 2,427,454 99,487 8,893,648

MEMO

TO: DDA Board

Rick Reikenis, Chairman

William Jacobson, Vice Chairman

Varisa Lall Dass

Cynthia Nalley

Bob Sanders

Samantha Bratter

FROM: Raphael Clemente

RE: Hardscape Repair MOU

DATE: Tuesday, March 21, 2023

Early in the budget process for the 2022-2023 FY, City Administration requested that the DDA allocate funding to assist with the need for sidewalk repairs in the downtown district. These funds were included in the Capital Projects budget item.

DDA staff has worked with the City’s Public Works Department to identify the most critical needs and has received a preliminary scope of work and cost estimates, prepared by contractors authorized to perform work on City Property, for these projects.

During the October 2022 Board Meeting, the Board approved up to $175,00 for this work to be completed during the current fiscal year.

The first phase of this work is ready to begin, and the attached MOU has been prepared to transfer $170,000 to the City of West Palm Beach Public Works Department to complete this work.

300 Clematis Street, Suite 200, West Palm Beach, FL 33401

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AND THE CITY OF WEST PALM TO FUND REPAIR WORK OF HARDSCAPE AREAS ALONG DIXHE HIGHWAY AND OLIVE AVENUE

THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into this _______ day of _______________, 2023, by and between the WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY, an independent special taxing district of the State of Florida, (DDA) and THE CITY OF WEST PALM BEACH, a municipal corporation formed and existing under the laws of the State of Florida (CITY) or collectively herein (the PARTIES).

WITNESSETH

WHEREAS, the PARTIES propose to enter into this MOU for the purpose of repairing damaged sidewalks in the downtown West Palm Beach area, and

WHEREAS, sections of sidewalk in the downtown area have become damaged and uneven over time, due to settling, uplifting by tree roots, and damage by underground water leaks, and

WHEREAS, the damaged areas are hazards for pedestrians, are unsightly, and are in urgent need of repair, and

WHEREAS, the DDA has allocated funds specifically for the purpose of funding repairs to damaged sidewalks, and

NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the PARTIES agree as follows:

1. SCOPE OF WORK – The work to be completed under this MOU is defined in Exhibit 1, attached.

2. RESPONSIBILITY OF THE DDA – The DDA agrees to allocate $170,000 to the CITY for the purpose of funding the repairs as described in Exhibit 1 These funds are specifically for this purpose and shall not be used for any other work. Cost overruns will be the responsibility of the CITY. If the cost of completing the work described in Exhibit 1 is less than the amount provided to the CITY by the DDA, the CITY shall refund the DDA any remainder.

1

3. RESPONSIBILITY OF THE CITY – The CITY will procure the services to complete the work as described in Exhibit 1 and will provide staff for project management for duration of the work.

4. LOCATION OF WORK – The project areas are shown in Exhibit 1.

5. TERMINATION – This MOU may be terminated by mutual agreement of the PARTIES or by thirty (30) days written notice by either PARTY, with or without cause Upon termination of this MOU, any unspent funds provided by the DDA to the City shall be refunded to the DDA within fifteen (15) business days of such termination. Notice shall be provided by overnight courier with signature confirmation of deliver or by hand delivery at the receiving parties primary offices.

6. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this MOU, the PARTIES shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this agreement.

7. MAINTENANCE OF BOOKS AND RECORDS – The PARTIES agree to maintain books, records, and documents directly pertinent to performance under this MOU and provide those books, records and documents at any time, within reasonable notice.

8. INDEMNIFICATION– Each PARTY agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by the PARTIES sovereign immunity beyond the monetary limits set forth at Section 768.28, Florida Statutes

9. AMENDMENT AND ASSIGNMENT – This MOU may only be amended in writing signed by the PARTIES and executed with the same formality as this MOU. This MOU may not be assigned by either of the PARTIES

10 SEVERABILITY - If any term, covenant, condition or provision of this MOU (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this MOU shall not be affected thereby; and each remaining term, covenant, condition and provision of this agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this MOU would prevent the accomplishment of the original intent of this MOU. The PARTIES agree to reform the MOU to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision.

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11. INDEPENDENT CONTRACTORS, WORKERS COMPENSATION –

a. The Contractor and each of their employees, volunteers, agents, vendors, and subcontractors shall be and remain independent contractors and not agents or employees of the PARTIES with respect to act and/or services performed by and under the terms of this MOU. The PARTIES and their employees, volunteers, agents, vendors and subcontractors shall be and remain independent contractors and not agents or employees of the PARTIES with respect to all of the acts and services performed by and under the terms of this MOU.

b. The PARTIES will be self-insured against or will secure and maintain during the life of this MOU, Workers Compensation for all their employees connected with the work of this MOU. The PARTIES shall require their subcontractors similarly to provide Workers Compensation Insurance for all the latter’s employees unless such employees are covered by other protection. Such coverage shall comply fully with Florida’s Worker’s Compensation Law. This MOU shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise, or venture between the PARTIES.

12 WAIVER OF PROVISIONS - The failure of any party to this MOU to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this MOU shall not be construed as a waiver of the violation or breach, or of any future violation, breach, or wrongful conduct.

13 COUNTERPARTS - The MOU may be executed in several counterparts, each of which, when taken together, shall be deemed originals and such counterparts shall constitute one and the same instrument.

14. AUTHORITY - Each PARTY represents and warrants to the other that the execution, delivery, and performance of this MOU has been duly authorized by all necessary governmental action that may be required by law.

15. ENTIRE AGREEMENT –

a. It is understood and agreed that the entire agreement of the PARTIES is contained herein and that this MOU supersedes all oral agreements and negotiations between the PARTIES relating to the subject matter hereof as well as any previous agreements presently in effect between the PARTIES relating to the subject matter hereof.

b. Any alterations, amendments, deletions, or waivers of the provisions of this MOU shall be valid only when expressed in writing and duly signed by the PARTIES.

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IN WITNESS WHEREOF, the PARTIES to this MOU have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Palm Beach County, Florida, on the day and year first written above.

DDA ATTEST: _ (SEAL)

Print Name

Date: CITY ATTEST: _ (SEAL)

Print Name

Date:

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EXHIBIT 1 SCOPE OF WORK

The scope of work for the Hardscape MOU between the DDA and the CITY, shall include the following tasks:

1. Repair or replace damaged, broken and/or uneven sidewalk sec�ons on both sides of South Olive Avenue from Clema�s Street to Datura Street, including the replacement or rese�ng of paver bricks and any necessary finishing work such as grou�ng or the placement or stabiliza�on sand. The cost es�mate for this work is included in Es�mate #8329, atached.

2. Repair or replace damaged, broken and/or uneven sidewalk sec�ons on the north side of Datura Street, from Olive Avenue and Dixie Highway and on the east side of Dixie Highway from Clema�s Street to Datura Street. The cost es�mate for this work is included in Es�mate #8331, atached.

Estimate Date 8/31/2022 Estimate # 8329
OF WEST PALM BEACH
ITEMS PER CITY OF WEST PALM BEACH ANNUAL CONTRACT FOR MILLING & RESURFACING
To
CATO
OLIVE CLEMATIS TO DATURA
SIDES
REPLACE/BRICKS RESET/GROUT
&
ENVIRONMENTAL CONSTRUCTION
CITY
ALL
Ship
MR
S
BOTH
CONCRETE
WYNN
SONS
CO. INC.
Project Phone #561-686-6077Fax #561-686-2433rickatwynnandsons@comcast.net Total ItemDescriptionQtyRateTotal WP-002CONCRETE CREW PER HOUR301,000.0030,000.00 WP-003MOBILIZATION PER LS12,500.002,500.00 WP-004MAINTENANCE OF TRAFFIC PER LS12,000.002,000.00 WP-005CONSTRUCTION PERMIT FEE PER ALLOWANCE1300.00300.00 WP-009GEOTECHNICAL TESTING PER LS13,500.003,500.00 WP-010VIDEO TAPING PER LS11,500.001,500.00 WP-012SAWCUT EXISTING CONCRETE OR PAVEMENT UP TO 12" PER LF 5005.002,500.00 WP-014REGULAR EXCAVATION PER CY208.00160.00 WP-017FINISH GRADING PER SY3384.001,352.00 WP-037REMOVE PAVER BRICK PER SY18875.0014,100.00 WP-038RESET PAVER BRICK PER SY188125.0023,500.00 WP-132CONCRETE SIDEWALK (6" THICK) (DRIVEWAY) 35 SY OR GREATER PER SY 23565.0015,275.00 WP-167ROOT PRUNING (0"-36" DEEP) PER LF20025.005,000.00 WP-137CONCRETE REMOVAL PER SY23515.003,525.00 EXISTING UTILITY BOXES MAY OR MAYNOT BREAK DURING DEMOLITION-THE CITY WILL HAVE TO PROVIDE US WITH THESE BOXES IF REPLACEMENT IS NEEDED $105,212.00
WEST PALM BEACH,FL. 33411

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