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05-12-98 Workshop CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL MEETING & WORKSHOP - MAY 12, 1998 ~ 6:00 P.M. FIRST FLOOR CONFERENCE ROOM The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.07 of the Charter of the City of Delray Beach, Mayor Jay Alperin has instructed me to announce a Special Meeting of the City Commission, to be held for the following purposes: (1) Request to ADDeal Order/Scheinberq, et al. v. City: Consider authorizing the City Attorney to file an appeal of the Order granting class certification in Scheinberg, et al. v. the City concerning the maintenance of canals in Tropic Isle. (2) Distribution of FY 1999 Anti-Druq Abuse Act Grant Funds: Consider approval of the distribution of FY 1999 Anti-Drug Abuse Act Grant funds in the amount of $719,952 as recommended by the Criminal Justice Commission, and authorize letter agreeing to the allocation of these funds. Alison MacGregor Harty City Clerk WORKSHOP AGENDA (1) Report from the High Rise Fire Safety Task Team. (2) Request for Proposal/Operation and Management of the Downtown Valet Parking System. (3) Presentation by Peter Daniels, Library Director, concerning the Public Library's Technology Plan. (4) Advertising signs on street furniture. (5) Commission comments. ******************************************************************** Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. £1TY UF DELAI:IY BEI:I£H CiTY ATTORNEY'S OFFICE ,,,w .,. TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH AlI.Amrica City MEMORANDUM ~,~l,~,,,,jr DATE: May6, 1998 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne-'~ SUBJECT: Request to Appeal Order Granting Class Certification - Scheinberg, et al. v. City of Delray Beach On April 14, 1998, the court entered the attached Order granting the Plaintiffs' request to proceed as a class in this case concerning the maintenance responsibilities of the canals in Tropic Isle. The City has thirty (30) days to file an appeal of the non-final order. The thirty day period runs on May 14, 1998. Therefore, if the City Commission desires to appeal the Order, the Commission should grant the City Attorney's Office authority to file the appeal. On appeal the City would challenge the court's finding that the homeowners in Tropic Isle have common claims against the City arising out of the maintenance of the canals. It is our position that due to the different plats, canals, and conditions in the canals, that this case should not proceed as a class action. The significance of proceeding as a class is that the attorney representing the class may be entitled to an award of attorney's fees if the lawsuit is resolved in the Plaintiffs' behalf. Therefore, at this time, we are requesting the authority to appeal the judge's order granting class certification. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk schein.dnt IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 97-008037 AD STANLEY SCHEINBERG, R. KAROSAS, and ROBERT DES JEAN individually and on behalf of other unnamed persons !~' . AP~ I ~ i~c~8 similarly situated, Plaintiffs, ORDER ON THE DEFENDANT'S MOTION TO DISALLOW CLASS CITY OF DELRAY BEACH, REPRESENTATION AND HEARING a municipal corporation of the TO ESTABLISH THE CLASS state of Florida, Defendant. / THIS CAUSE came on to be heard on the Defendant, City of Delray Beach's Motion to Disallow Class Representation and the evidentiary heating to certify the class. The Court after heating testimony of the property owners and residents of Tropic Isles subdivision of the City of Delray Beach and having heard argument of counsel for the City and the class representatives and, the Court after considering the memorandums of the parties and the attached cases and exhibits the Court finds as follows: 1. The plaintiffs, STANLEY SCHEINBERG, R. KAROSAS, and ROBERT DES JEAN are appropriate representatives of the class. 2. The class consists of owners and residents of property located in Tropic Isles of Delray Beach whose property is located on the canals and waterfront. 3. The plaintiffs have proved the following elements: (a) The class has satisfied the challenge to its numerosity. There are over 380 residents and owners of property in the Tropic Isles subdivision of Delray which make up the class. (b) The class has satisfied the challenge to commonality. The plaintiffs and the class all have a common interest in that, they desire that the public canals should be cleaned and maintained properly. (c) The class has satisfied the challenge to typicality. Each of the plaintiffs typically have the same claims and the defendant City's responses are typical to all of the plaintiffs. 4. The plaintiffs have alleged the existence of a class and demonstrated that they have met all of the elements of the class such as numerosity, typicality and commonality. THEREFORE, it is, ORDERED AND ADJUDGED as follows: 1. The defendant, City of Delray Beach's Motion to Disallow Class Representation, is denied. 2. There exists a class and the class has met the elements of numerosity, commonality, and typicality. DONE AND ORDERED in Chambers at West Palm Beach, ~a~i~t~t~l~¥~JCt,~D_. .... ~ Florida ~s day of April, 1998. Cop~cs: C~C~ CO~ ~D~ Dasd N. Tolces, Esq., Asst Ci~ A~ W~ter S. Pesets~, Esq. [ITY I)F I]ELR#Y BEII£H DELRAY BEACH  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 ~lm~ic~ Ci~ 1993 Mr. Clayton Wilder Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Wilder: In compliance with the State of Florida Rule Chapter 9G-16.003(4) (d), the City Commission of the City of Delray Beach approves the distribution of $719,952 of the State Fiscal Year 1999 federally funded Drug Control and System Improvement (DCSI) Formula Grant Program (aka the Edward Byrne Memorial State and Local Assistance Program or the Anti-Drug Abuse Act Grant) funds for the following projects within Palm Beach County: DOLLAR AMOUNT SUBGRANTEE TITLE OF PROJECT (FEDERAL FUNDS) Palm Beach County Multi Agency Narcotics Sheriff's Office Task Force (MAN Unit) $513,518 City of West Palm Responding Against Beach Delinquency and Recidivism $ 66,119 (RADAR) Palm Beach County Special Options Toward Victim Se~ices Achieving Recovery (SOAR) $ 59,070 City of West Palm Truancy Interdiction Beach Program (TIP) $ 52,293 Criminal Justice Drug Control Commission Administration $ 28,952 I understand that each of these programs will be required to provide their own twenty-five percent (25%) cash match. THE EFFORT ALWAYS MATTERS Printed on Recycled Paper MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MhAIAGER~ff'~ SUBJECT: AGENDA ITEM ~.- SPECIAL MEETING OF MAY 12, 1998. DISTRIBUTION OF FY 1999 ANTI-DRUG ABUSE ACT GRANT FUNDS DATE: MAY 8, 1998 This is before the Commission to consider approval of the distribution of FY 1999 Anti-Drug Abuse Act Grant funds. Palm Beach County's allocation is $719,952. The Criminal Justice Commission recommends allocation of the funds as follows: Palm Beach County Sheriff's Office Multi-Agency Narcotics Task Force (MAN Unit) $513,518 City of West Palm Beach Responding Against Delinquency and Recidivism (RADAR) $ 66,119 Truancy Interdiction Program (TIP) $ 52,293 Palm Beach County Victim Services Special Options Toward Achieving Recovery (SOAR) $ 59,070 Criminal Justice Commission Drug Control Administration $ 28,952 $719,952 The Florida Department of Community Affairs requires that 51 percent of the local units of government representing 51% of the county's population agree on the allocation of these funds. Chief Overman has reviewed the Criminal Justice Commission's proposed funding allocation and fully supports the recommendation. Recommend approval of the distribution of FY 1999 Anti-Drug Abuse Act Grant funds, and authorize sending the attached letter agreeing to the allocation of these funds. ref:agmemo6 £1T¥ DF DELRI:I¥ BEI:I£H 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 ~/~ Ci~ 1~3 Department of Community Affairs 2555 Shumard Oak Boulevar~ 9~-1~.0~3(~) (d), the City Commission of the City of Delray Beach DOIJ_,~.~10~ Palm Beach County Multi Agency Narcotics Sheriff's Office Task Force (MAN Unit) $513,518 City of West Palm Responding Against Beach Delinquency and Recidivism $ 66,119 ( RADAR ) Palm Beach County Special Options Toward Victim Services Achieving Recovery (SOAR) $ 59,070 City of West Palm Truancy Interdiction Beach Program (TIP) $ 52,293 Criminal Justice Drug Control Commission Administration $ 28,952 I understand that each of these programs will be required to provide their own twenty-five percent (25%) cash match. Sincerely, Jay Alperin Mayor THE EFFORT ALWAYS MATTERS ~ Printed on Recycled Paper  ' May 5, 1998 [qAY -- -/ "~"~'n To all Palm Beach County Mayors: ' ~ The Criminal Justice Commission serving as the Substance Abuse Advisory Board seeks your approval in the allocation of FY99 Anti Drug Abuse Act Grant (Edward Byme) Funds. The total FY99 allocation to Palm Beach County is $719,952. For the forth year, Criminal Justice commission the Criminal Justice Commission issued a request for proposals (RFP) to fund programs 301 N. Olive Avenue. Suite 1001 within local units of government. A total of six (6) proposals were received this year. The Full Criminal Justice Commission recommends that the funding be allocated as West Palm Beach, FL 33401-4705 follows: (561) 355-4943 Suncom: 273-4943 SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Fax: (561)355-4941 (FEDERAL FUNDS) dcunning@co.palm-beach.fl.us Palm Beach County Multi As,,nc~ ~arcotl~,s $513,518 Sheriff's Office Task Force (MAN Unit) City of West Palm Beach Responding Against $66,119 Delinquency / Recidivism RADAR Palm Beach County Victim Special Options Toward $59,070 Randolph K. Johnson, Chairman Services Achieving Recovery-SOAR Roy U. Davidson, Vice Chairman City of West Palm Beach Truancy Interdiction $52,293 Program (TIP) Priscilla Taylor. Secretary Criminal Justice Drug Control Administration $28,952 Richard G. Lubin, Treasurer Commission The Florida Department of Community Affairs requires that 51 per cent of the local units Executive Director of government representing 51 per cent of the county's population agree on the L. Diana Cunningham allocation of these funds. If you approve the allocation as set forth above, please prepare a letter stating your approval. A sample letter has been provided for your use. Due to the application deadline, this letter should be received at the Criminal Justice Commission offices, no later than May 18, 1997. Please send the letter to: Criminal Justice Commission ATTN: Larry J. [Ielmich 301 N. Olive Avenue, Suite 1001 West Palm Beach, FL 33401-4705 If you would like an explanation of these programs or have any questions, please contact Larry Hclmich at 355-1617. Your immediate attention to this matter is greatly appreciated. ~- Program Mem~tor "An Equal Opportunity XC: Randolph K. Johnson,Sr. - Chairman - Criminal Justice Commission Affirmative Action Employer" Doug Duncan, Chair, Anti Drug Abuse Act Grant Coordinating Committee Diana Cunningham - Executive Director ~ Criminal Justice Commission ~ printed on recycled paper Mr. Clayton Wilder Pl 'ase aseyour Bureau of Community Assistance Department of Community Affairs i!l~'~teehead· 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Dear Mr. Wilder: In compliance with the State of Florida Rule Chapter 9G-16.003(4)(d), the (city, village or town) approves the distribution of .fthe State Fiscal Year 1999 federally funded Drug Control and System  nellt ~,Lt~,~l) l~ormula tJrant rrogram , [aKa: the l~clwarcl Dyrne lvi~morlal Dtatc LiSl~ Assistance Program or the Anti-Drug Abuse Act Grant) funds for the ~owi~i ~rojects~hin Palm Beach County: [iPalm gl :h C~ty ~ ~}~[ulti Ag~,~ N~_t~ics $513,518 I~heriff': Iffi~/~ ~l~sk F°r~A~~ ~ ~es~lm~~l~l~l~'~ R~ ~pond~ga~ ~tRe~di~gm~5~nqu,.~..,~ygan~i!~¢~ _~,:~?~ '~®i~i '~) .... ~l!ii ~" ~$66'119 Palm Beach County Vid~:~ ~ Sp~i~}Op~ns ~0~0 Services ~ ~i ~ ~ "~ 5:~' CiW of West Palm Beach]/] Tm~gYero~amIn~'dic~ ~n(~) ~ ~l~!~ ~52552'293 Criminal Justice ] Drag ConSol  Adminis~ation Commission ~ I understand that each of these pro,ams will be required to provide their om 25 pPi cent cash match. Sincerely, Mayor, City of D 0 NO T MA IL THIS LETTER TO TALLAHASSEE. RETURN TO CJC ATTENTION LARRY HELMICH. ALL MA YOR LETTERS WILL BE SENT rOaErI~ER ro rALLA~ASSEE FROM CJC. QUESTIONS? CALL Larry ~,t SSS-~6~ 7. Thank you. FAX COVER SHEET ~ FAX NUMBER (561) 243-3774 ~' TOT~ NO. PAGES TO: NME: ~~993 PHONE NO. SENDER X 706/ COMPANY: CITY: FROM: CITY OF DEL~Y BEACH CITY CLERK'S OFFICE . /'~ N~E OF SENDER: ~~--z~~ MESSAGE: YOUR RETURN MESSAGE IF NEEDED: /?m ~'3/ ~ /~"'~-D.~' ~ ~"~,/ ~/~'~_/;C~/_ IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL AS SOON AS POSSIBLE AND ASK FOR THE SENDER NOTED ABOVE. THE EFFORT ALWAYS MATTERS 05/07/98 THU 20:30 FAX 561 243 3774 CITY CLERK ~001 *** TX REPORT *** TRANSMISSION OK TX/RX NO 2059 CONNECTION TEL 92437816 CONNECTION ID DELRA¥ BEACH POL ST. TIME 05/07 20:27 USAGE T 02'41 PGS. SENT 3 RESULT OK FAX COVER SHEET I~ FAX NUMBER (561) 243-3774 ~ TOTAL NO. PAGES ~ . 9.~ PHONE NO SENDER ~( 70~'./ TO: NAME: ' COMPANY: CITY: FROM: CITY OF DELI{AY BEACH CITY CLERK'S OFFIC~~__~~.~ NAME OF SENDER: MESSAGE: YOUR RETURN MESSAGE IF NEEDED: I:ITY OF DELRI:IY BEItI:H FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM ' HIGHLAND BEACH DELRAY BEACH ~ MEMORANDUM Ali.America City 1993 TO: D .AVI/D T. HARDEN, CITY MANAGER FROM: I/~/~OBERT B. REI-IR, FIRE CI-IIEF DATE: MAY 6, 1998 SUBJECT: FIRE CODE REVISION - CITY COMMISSION WORKSHOP - MAY 12, 1998 The City Commission at the April 21, 1998 commission meeting directed the staff and the High-Rise Fire Safety Task Team to develop proposed code language for existing residential high-rise buildings covered in the NFPA 101 Life Safety Code, 1994 edition, Section 19-3.5.6, which requires a supervised automatic sprinkler system or an engineered life safety system approved by the authority having jurisdiction. Staff and the Task Team met twice and finalized the proposed language to replace Section 19-3.5.6 of the NFPA 101 Life Safety Code. The proposed language is attached. The City Commission also requested staff to compare the existing Life Safety Code, 1988 edition, Chapter 19 to the proposed 1994 edition of the Life Safety Code, Chapter 19. The requirements for existing apartments are the same in all major areas, except high-rise buildings, including; travel distance within a living unit to a corridor door of a maximum of 75 feet, travel distance from a living unit door to the nearest exit of a maximum of 100 feet, exit discharge to comply with Section 5-7, means of egress to be illuminated, emergency lighting required for buildings having greater than 12 living units or greater than three stories, marking of exits, buildings to have smoke barriers, protection of vertical openings, protection from hazards, alarm systems for buildings with more than 11 units or more than three stories, annunciator panel for alarm to indicate location of alarm activation, occupant notification by audible signal, single or multiple station smoke alarms powered by the electric service in each living unit which shall initiate an alarm audible in the sleeping rooms of that unit, self-closing doors between living units and corridors, 20 minute rated doors from living unit to corridor, no transfer grilles permitted in corridor walls or doors, and smoke barriers in exit corridors to establish at least two compartments of approximate equal size not exceeding 200 feet. The significant difference in high-rise FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Page - 2 - Memorandum to David T. Harden May 6, 1998 Fire Code Revision apartment buildings, in the 101 Life Safety Code editions subsequent to the 1988 edition is the requirement for protection throughout by a supervised automatic sprinkler system, unless each living unit has exterior exit access, or buildings which have an engineered life safety system which has been approved by the authority having jurisdiction. Attached is a copy of the existing Chapter 19 of the Life Safety Code, 1988 edition, and a copy of the proposed Chapter 19 of the Life Safety Code, 1994 edition. The Fire Department, with the support of the High-Rise Task Team, proposes to amend the City of Delray Beach Code of Ordinance, Chapter 96: Fire Safety and Emergency Services, Section 96.16, 96.17 and 96.46 and to include the proposed exception to Section 19-3.5.6 to the NFPA 101 Life Safety Code, 1994 edition. (-50)(47) NFPA 91, "Installation of Blower and Exhaust Systems for Dust, Stock and Vapor Removal or Conveying", 4999 199.___~5 edition. (-5d~4g) NFPA 96, "Installation of Equipment for the Removal of Smoke and Grease-Laden Vapors From Commercial Cooking Equipment", 199 ! 1994 edition. (&2--~49) NFPA 99, "Health Care Facilities", 4x)90 1993. edition. (-$3-)(_!~ NFPA 101, "Safety to Life From Fire in Buildings and Structures", 1988 ~ edition: '.exert for Section 1%..3.5.6 of Chapter 19, ",Existing Apa_rtment B.uildings". !n lie.u, of Section 19-3,5,6, the following.is adopted to provide for regulations regarding highfise a.partm._ent building,: fa) meet. lng rooms.,, lobbies ...and offices that c~nt. ain combustible furnishings shall be required to have sprinkler protection or smoke det. egtion, and se_t>aratio, n from means of egress', (b) h..azardous areas as defined by S.e.ction 19-3.2.1 shall be.required to .have .sprinkler protection; {g)_~. dwelling units shall ,not be required to have sprinkler protection; rd) _..~rfidors s.hM1 be required to have .smoke detection connected to ~e building, fire alarm__ control ._and report_, to acon. jstantly att.ended location or .eommunicat.e through a ,c4..ntral station signaling ,.system to.the fire com.m_unications enter. re) Existing high_ rise buildi~s shall ,have (3) three years ..fi'om the effective date .of this ordinance to come into compliance. However, the Fire Chief or his/her d~signee, maygrant an extension of this deadlin.e for existin, g high rise .buildings for. a.reasonable p~fiod of' time depending upon the magnitude.._of expenditnye, disrupti.on of l~ervi~s, .and degree _of hazard. (51) ~NFPA 10 l-A, ~".Life Safety, .Altemativ~e Approaches". ! 995 edition. {-54-){52) NFPA 102, "Assembly Seating Tents and Membrane Structures", 1986 !995 edition. (-~5-)~. NFPA 110, "Standard for Emergency and Standby Power Systems", 4988 199~3 edition. (f~)(54) NFPA 204M, "Sm6ke and Heat Venting",-1985 1991 edition. (.-5-7-)(_5fi) NFPA 211, "Chimneys, Fireplaces, Vents and Solid Fuel Bttrning Appliances", -1-988 J 992 edition. (-5g)(5~6) NFPA 220, "Types of Building Construction", 198-:q 1992 edition. (-59-)(57) NFPA 231, "General Storage", -1-990 1995 edition. ORD. NO. -98 CHAPTER 19 EXISTING APARTMENT SECTION 19-2 MEANS OF EGRESS REQUIREMENTS BUILDINGS 19-2.1 General. 19-2.1.1 All means of egress shall be in accordance with {See also Chapter 31.) Chapter 5 and this chapter. 19-2.2 Means of Egress Components. SECTION 19-1 GENERAL REQUIREMENTS 19-2.2.1 General. 19-1.1 Application. 19-2.2.1.1 Components of means of egress shall be limited to 19-1.1.1 All existing buildings classified as apartment build- the types described in 19-2.2.2 through 19-2.2.9. ings by 19-1.3 shall conform to the provisions of this chapter and shall meet the requirements of one of the following 19-2.2.1.2 In buildings utilizing Option 4, exit enclosures shall have a fire resistance rating of not less than one hour with options: a fire protection rating of doors of one hour. Option 1: Buildings without fire suppression or detection systems; 19-2.2.2 Doors. Option 2: Buildings provided with a complete automatic 19-2.2.2.1 Doors shall comply with 5-2.1. fire detection and notification system; Option 3: Buildings provided with automatic sprinkler pro- 19-2.2.2.2' No door in any means of egress shall be locked tection in selected areas; against egress when the building is occupied. Option 4: Buildings protected throughout by an approved Exception No. I: Special locking arrangements complying automatic sprinkler system, with 5-2.1.6 are permitted. Exception No. 2: Doors serving a single dwelling unit may 19-1.1.2 Resen'ed. be provided with a lock complying with 5-2.1.5.1 Exception No. $. 19-1.1.3 Every individual living unit covered by this chapter shall comply with the minimum provisions of Section 22-2 for 19-2.2.2.3 Revolving doors complying with 5-2.1.10 are one- and two-family dwellings, permitted. 19-1.2 Mixed Occupancies. 19-2.2.3 Stairs. 19-1.2.1 Where another type of occupancy occurs in the same building as a residential occupancy, the requirements of 1-4.7 of 19-2.2.3.1 Stairs shall comply with 5-2.2. this Code shall be applicable. 19-2.2.3.2 Within any individual living unit, stairs more than 19-1.2.2 For requirements on mixed mercantile and residen- one story above or below the entrance floor level of the living tial occupancies, s:e 25-1.2. unit shall not be permitted. 19-1.3 Definitions. 19-2.2.3.3 Spiral stairs complying with 5-2.2.2.7 are permit- 19-1.3.1 Terms applicable to this chapter are defined in ted within a single living unit. Chapter 3 of this Code; where necessary, other terms will be defined in the text as they may occur. 19-2.2.3.4 Winders complying with 5-2.2.2.8 are permitted. Apartment Buildings. Includes buildings containing three or 19-2.2.4 Smokeproof Enclosures. Smokeproof enclosures more living units with independent cooking and bathroom facil- shall comply with 5-2.3. (See also 19-2.11.1.) ities, whether designated as apartment house, tenement, garden apartment, or by any other name. J 19-2.2.5 Horizontal Exits. Horizontal exits shall comply with 19-1.4 Classification of Occupancy. (See 19-1.3.1.) 5-2.4. 19-1.5 Classification of Hazard of Contents. 19-2.2.6 Ramps. Ramps shall comply with 5-2.5. 19-1.5.1 The contents of residential occupancies shall be clas- sified as ordinary hazard in accordance with Section 4-2. 19-2.2.7 Exit Passageways. Exit passageways shall comply J with 5-2.6. 19-1.6 Minimum Construction Requirements. No Special Re- quirements. 19-2.2.8' Escalators. Escalators previously approved as a component in the means of egress may continue to be given 19-1.7 Occupant Load. credit. 19-1.7.1' The occupant load in numbers of persons for whom exits are to be provided shall be determined on the basis of one 19-2.2.9 Fire Escape Stairs. Fire escape stairs complying person per 200 sq ft (18.6 sq m) gross floor area, or the maxi- with 5-2.8 are permitted. mum probable population of any room or section under consid- 19-2.3 Capacity of Means of Egress. eration, whichever is greater. The occupant load of any open mezzanine or balcony shall be added to the occupant load of the 19-2.3.1 The capacity of means of egress shall be in accor- floor below for the purpose of determining exit capacity, dance with Section 5-3. ~ 101-130 LIFE SAFETY COD~ 19-2.3.2 Street floor exits shall be sufficient for the occupant. /~-2.6.2 The travel distance from a living unit (apartment) load of the street floor plus the required capacity of stairs andv o~t,entrance door to the nearest exit shall not exceed the following ramps discharging onto the street floor, limits: (a) For buildings using Option 1 -- 100 ft (30 m). 19-2.4 Number of Exits. (See also Section 5-4.) (b) For buildings using Option 2, or 3 -- 150 ft (45 m). 19-2.4.1 Every living unit shall have access to at least two (c) For buildings using Option 4 -- 200 ft (60 m). separate exits remote from each other as required by 5-5.1. Exception: Travel distance to exits may be increased to 200 Exception No. 1: Any living unit may have a single exit pro- ft (60 m} for exterior ways of exit access arranged in accor- vided: claTth 5-5.3. (ad That living unit has an exit door directly to the street or /~t'9-2.7 Discharge [rom Exits. yard at ground level, or (b) That living unit has direct access to an outside stair w 19-2.7.1 Exit discharge shall comply with Section 5-7. complying with 5-2.2, serving a maximum of two units both L,/19- located on the same floor, or .7.2 Any required exit stair that is located so that it is (cd That living unit has direct access to an interior stair necessary to pass through the lobby or other open space to reach serving that unit only and separated from all other portions of the outside of the building shall be continuously enclosed down to a level of exit discharge or to a mezzanine within a lobby at a the building with fire barriers having a one-hour fire resistance rating with no opening therein, level of exit discharge. Exception No. 2: Any building of three stories or less may 19-2.7.3 The distance of travel from the termination of the have a single exit under the following conditions: exit enclosure to an exterior door leading to a public way shall (a) The stairway is completely enclosed by barriers having a not exceed 150 ft (45 m) in buildings protected throughout by fire resistance rating of at least 1 hour with self-closing I-hour an approved automatic sprinkler system and shall not exceed fire protection rated doors protecting all openings between the 100 ft (30 m) in all other buildings. stairway enclosure and the building. (b} The stairway does not serve more than one-half story ~,/A'9-2.8 Illumination of Means of Egress. below the level of exit discharge. 19-2.8.1 Means of egress shall be illuminated in accordance (cd All corridors serving as access to exits have at least a with/Section 5-8. I-hour fire resistance rating. (d) There is not more than 35fi (I0.7 m) of travel distance C~9'2'9 Emergency Lighting. from the entrance door of any living unit to an exit. 19-2.9.1 Emergency lighting in accordance with Section 5-9 (e) Three-quarter hour fire rated horizontal and vertical shall be provided in all buildings with greater than 12 living separation between living units is provided, units or greater than three stories in height. Exception No. 3: .d building of any height with not more than Exception: Where every living unit has a direct exit to the four living units per floor, ~lith a smokeproof enclosure or out- outs~ of the building at grade level. side stair in accordance with the requirements of 5-2.3 as the exit, immediately accessible to all living units served thereby, C,/ 19-2.10 Marking of Means of Egress. may have a single exit. ('Tmmediately accessible" means there 19-2.10.1 Means of egress shall have signs in accordance with is not more than 20 ft (6.1 m) of travel distance from the Section 5-10 in all buildings requiring more than one exit. entrance door of any living unit to an exit.) v --- '~ 2.11 Special Features. 19-2.5 Arrangement of Exits. I 19-2.11.1' In high rise buildings using Option 1, 2, or 3, 19-2.5.1 Access to all required exits shall be in accordance smokeproof enclosures shall be provided in accordance with with Section 5-5. 5-2.3. 19-2.5.2 No common path of travel shall exceed 35 ft SECTION 19-3 PROTECTION (10.7 m). Travel within a dwelling unit shall not be included / when calculating common path of travel, j9-3.1 Protection of Vertical Openings. Exception: In buildings protectedthroughoutby an approved 19-3.1.1 Every stairway, elevator shaft, and other vertical supervised automatic sprinkler system, common path of travel opening shall be enclosed or protected in accordance with 6-2.4 shall not exceed 5Oft (!5 m}. I or provide means of satisfying the requirements of Section 2-9. 19-2.5.3 No dead-end corridor shall exceed 50 ft (15 m). Exception No. 1: Stairway enclosures shall not be required where a one-story stair connects two levels within a single 1~2 dwelling unit, guest room, or suite. .6 Travel Distance to Exits. Exception No. 2: ,'~n atrium may be utilized in accordance L~9:~.6.1 Travel distance within a living unit (apartment)toa with 6-2.4.5. corridor door shall not exceed the following limits: I Excepti°nN°'3: InbuildingsusingOpti°n4'fireresistance (a) For buildings using Option 1 or 3 -- 75 ft (23 m). of walls may be ~ hour for buildings of one to three stories, (b) For buildings using Option 2 or 4 -- 125 ft (38 m). and I hour for buildings greater than three stories; and fire 1~88 gDITION 101-132 - LIFE SAFETY CODE sprinkler head shall be opposite the center of and inside any ~19-3.7.1 Smoke Barriers. Smoke barriers in accordance with living unit door opening into the corridor. Section 6-3 shall be provided in exit access corridors to establish Exception: The sprinkler head inside living units may be at least two compartments approximately equal in size. The omitted if the door to the living unit has afire protection rating maximum length of each smoke compartment measured along of at least 20 minutes and is' self-closing, the corridor shall not exceed 200 ft (60 m). Smoke dampers are not required. 19-3.5.3 The sprinkler installation required in 19-3.5.2 shall meet the requirements of Section 7-7 in terms of workmanship Exception No. 1: Buildings using Option 4. and materials. Exception No. 2: Exterior exit access in accordance with 5-5.3 that provides access to two exits. 19-3.5.4 The installation of the corridor sprinklers required in 19-3.5.2 shall not exceed the maximum spacing and protection Exception No. 3: Buildings allowed to comply with 19-2.4.1 area requirements of Section 7-7. Exceptions No. 1, 2, or 3. Exception No, 4: Buildings with exits not more than 50 ft 19-3.5.5 Buildings using Option 4 shall be protected through- (15 m} apart. out by an approved automatic sprinkler system complying with Exception No. 5: Where each dwelling unit has direct access 19-3.5.1. The automatic sprinkler system shall meet the re- quirements of Section 7-7 for supervision for buildings greater to the exterior at grade. than six stories in height. 19-3.8 Special Features. 19-3.5.6 Portable fire extinguishers shall be provided in haz- ardous areas. Where provided, portable fire extinguishers shall SECTION 19-4 SPECIAL PROVISIONS be ifistalled and maintained as specified in 7-7.4.1. . 19-4.1 Windows for Rescue and Ventilation. (See 19-I.l.3.) 3.6 Corridors. Exception: Buildings using Option 4. 19-3.6.1' Exit access corridors shall be protected as follows: (a) In buildings using Option I or 2, corridor walls shall 19-4.2 High Rise Buildings. (See 19-2.11.1.) have a fire resistance rating of not less than 30 minutes. 19-4.3 Operating Features. (See Chapter 31.)  In buildings using Option 3 or 4, corridor walls shall a fire resistance rating of not less than }A hour. SECTION 19-5 BUILDING SERVICES 19-3.6.2 Doors between living units and corridors shall be self-closing. Doors shall be equipped with latches for keeping 19-5.1 Utilities. Utilities shall comply with the provisions of doo~ightly closed. Section 7-1. C/-3,6.3' The fire protection rating of doors from living units 19-5.2 Heating, Ventilating, and Air Conditioning. to corridors shall be not less than 20 minutes. 19-5.2.1 Heating, ventilating, and air conditioning equipment Exception No. 1: PrevYously approved l~-in. (4.4-cm) solid shall comply with the provisions of Section 7-2. bonded wood core doors may continue in use. I 19-5.2.2 Unrented fuel-fired heaters shall not be used. Excefl. tion No. 2: In buildings using Option 3 or 4, doors shfidq be so constructed as to resist the passage of smoke. 19-5.3 Elevators, Dumbwaiters, and Vertical Conveyors. Ele- 9 vators, dumbwaiters, and vertical conveyors shall comply with -3.6.4 Transfer grilles, whether protected by fusible link the provisions of Section 7-4. operated dampers or not, shall not be permitted in these walls or doors. 19-5.4 Rubbish Chutes, Incinerators, and Laundry Chutes. Rubbish chutes, incinerators, and laundry chutes shall comply 19-3.7 Subdivision of Building Spaces. with the provisions of Section 7-5. 1988 EDITION · EXISTING APARTMENT BUILDINGS 101-167 CHAPTER 19 EXISTING APARTMENT 19-2.2 Means of Egress Components. BUILDINGS 19-2.2.1 General. (See also Chapter 31.) 19-2.2.1.1 Components of means of egress shall be limited to the types described in 19-2.2.2 through 19-2.2.10. SECTION 19-1' GENERAL REQUIREMENTS 19-2.2.1.2 In buildings utilizing Option 4, exit enclosures 19-1.1 Application. The requirements of this chapter apply to shall have a fire resistance rating of not less than 1 hour, with existing buildings or portions thereof currently occupied as apart- doors having a fire protection rating of not less than 1 hour. mcnt occupancies. (See also 18-1.1.) In a~ldition, thc building shall meet the requirements of one of thc following options: 19-2.2.2 Doors. Option 1: Buildings without fire suppression or detection systems; 19-2.2.2.1 Doors complying with 5-2.1 shall be permitted. Option 2: Buildings provided with a complete automatic 19-2.2.2.2 No door in any means of egress shall bc locked fire detection and notification system; against egress when the building is occupied. Option 3: Buildings provided with automatic sprinkler protection in selected areas; Exception No. 1: Delayed egress locks complying with 5-2.1.6.1 shall be permitted, provided not more than one such device is Option 4: Buildings protected throughout by an approved, located in any one egress path. automatic sprinkler system. Exception No. 2: Doors in the means of egress shall be permit- 19-1.2 Mixed Occupancies. ted to be equipped with an approved entrance and access control system complying with 5-2.1.6.2. 19-1.2.1 Where another type of occupancy occurs in the same building as a residential occupancy, the requirements of 4-1.11 19-2.2.2.3 Revolving doors complying with 5-2.1.10 shall be of this Code shall apply, permitted. 19-1.2.2 For requirements on mixed assembly and residential 19-2.2.2.4 Horizontal sliding doors, as permitted by 5-2.1.14, occupancies, see 9-1.2; for mixed mercantile and residential shall not be used across corridors. occupancies, see 25-1.2. 19-1.3 Definitions. Terms applicable to this chapter are 19-2.2.3 Stairs. defined in Chapter 3 of this Code; where necessary, other terms will be defined in the text as they occur. 19-2.2.3.1 Stairs complying with 5-2.2 shall be permitted. Apartment Buildings.* Buildings containing three or 19-2.2.3.2 Within any individual living unit, stairs more than more living units with independent cooking and bathroom one story above or below the entrance floor level of the living facilities, whether designated as apartment houses, tenements, unit shall not be permitted. garden apartments; or by any other name. 19-2.2.3.3 Spiral stairs complying with 5-2.2.2.7 shall be per- 19-1.4 Classification of Occupancy. (See 19-1.3.) mitted within a single living unit. 19-1.5 Classification of Hazard of Contents. The contents 19-2.2.3.4 Winders complying with 5-2.2.2.8 shall be pen'nitted. of residential occupancies shall be classified as ordinary haz- ard in accordance with Section 4-2. 19-2.2.4 Smokeproof Enclosures. Smokeproof enclosures 19-1.6 Minimum Construction Requirements. (No special complying with 5-2.3 shall be permitted. (See also 19-2.11.) requirements.) 19-2.2.5 Horizontal Exits. Horizontal exits complying with 19-1.7' Occupant Load. The occupant load in numbers of 5-2.4 shall be permitted. persons for whom egress is to be provided shall be determined 19-2'.2.6 Ramps. Ramps complying with 5-2.5 shall be per- on the basis of one person per 200 sq ft (18.6 sq m) of gross mitted. floor area or the maximum probable population of any room or I section under consideration, whichever is greater. 19-2.2.7 Exit Passageways. Exit passageways complying with 5-2.6 shall be permitted. SECTION 19~2 MEANS OF EGRESS REQUIREMENTS 19-2.2.8' Escalators. Escalators previously approved as a component in the means of egress shall be permitted to con- 19-2.1 General. tinue to be given credit for compliance. 19-2.1.1 Means of egress from living units to the outside of 19-2.2.9 Fire Escape Stairs. Fire escape stairs complying the building shall be in accordance with Chapter 5 and this with 5-2.8 shall be permitted. chapter. Means of escape within the living unit shall comply with the provisions of Section 21-2 for one- and two-family I 19-2.2.10' Areas of Refuge. Areas of refuge complying with dwellings. ] 5-2.12 shall be permitted. EXISTING APARTMENT BUILDINGS 101-169 an approved, automatic sprinkler system and shall not exceed areas shall be separated from other spaces by partitions com- 100 ~ (30 m) in all other buildings, plying with 6-3.2 and with doors complying with 6-3.4. f~-19-2.8 Illumination of Means of Egress. Means of egress  illuminated in accordance with Section 5-8. Hazardous Area Description Separation/Protection J19-2.9 Emergency Lighting. Emergency lighting in accor- dance with Section 5-9 shall be provided in all buildings with Boiler and fuel-fired heater rooms serv- ing more than a single living unit 1-hr or sprinklers more than 12 living units or more than three stories in height. Employee locker rooms 1-hr or sprinklers Gift or retail shops more than 100 sq ft Exception: Where every living unit has a direct exit to the out- (9.3 sq m) 1-hr or sprinklers~ Bulk laundries si~f the building at grade level. 1-hr or sprinklers fl Laundries more than 100 sq ft 9-2.10 Marking of Means of Egress. Means of egress shall (9.3 sq m) outside of dwelling units 1-hr or sprinklers~ have signs in accordance with Section 5-10 in all buildings Maintenance shops 1-hr or sprinklers i ~ng more than one exit. Rooms or spaces used for storage of combustible supplies and equipment J19-2.11' Special Means of Egress Features. In high rise in quantities deemed hazardous by buildings using Option 1, 2, or 3, smokeproof enclosures shall the authority having jurisdiction 1-hr or sprinklers be provided in accordance with 5-2.3. Trash rooms 1-hr or sprinklers ~Where sprinklers are provided, separation shall not be required.  SECTION 19-3 PROTECTION 19-3.3 Interior Finish. .1 Protection of Vertical Openings. 19-3.3.1 Interior Wall and Ceiling Finish. Interior finish on walls and ceilings in accordance with Section 6-5 shall be as 19-3.1.1 Every stairway, elevator shaft, and other vertical follows: opening shall be enclosed or protected in accordance with 6-2.4 or provide means of satisfying the requirements of Sec- (a) Exit enclosures -- Class A or Class B. tion 2-9. (b) Lobbies and corridors -- Class A or Class B. Exception No. 1: Stait~vay enclosures shall not be required (c) All other spaces -- Class A, Class B, or Class C. where a one-story stair connects two levels within a single dwell- ing unit, guest room, or guest suite. 19-3.3.2 Interior Floor Finish. In buildings using Option ! Exception No. 2: An atrium in accordance with 6-2.4.6 shall be or 2, interior floor finish in corridors and exits shall be Class I permitted, or Class II in accordance with Section 6-5. Exception No. 3: In buildings using Option 4, the fire resistance ] Except~gn: Previously installed and approved floor coverings. of walls shall be not less than 3/4 hour for buildings of one to three stories and '.,, hour for buiMings more than three stories; C~.3 and the fire protection rating of doors shall be not less than 3/4 .4 Detection, Alarm, and Communications Systems. hour for buildings up to three stories and 1 hour for buildings 19-3.4.1 General. Apartment buildings with more than three more than three stories, stories or with more than 11 living units shall be provided with Exception No. 4: Unprotected vertical openings connecting not a fire alarm system in accordance with Section 7-6, except as more than three floors shall be permitted in accordance with the modifed by 19-3.4.2 through 19-3.4.4. conditions of 6-2. 4.5. Exception No, 5: In any building protected throughout by an Exception: Where each living unit is separated from other con- automatic sprinkler system in accordance with 19-3.5, and where tiguous living units by fire barriers (see Section 6-2) having a fire exits and required ways of travel thereto are adequately safe- resistance rating not less than 3/4 hour, and where each living unit guarded against fire and smoke within the building, or where has either its own independent exit or its own independent stair- every individual room has direct access to an exterior exit with- wdty or ramp discharging at grade. out passing through any p,tblic corridor, the protection of vertical openings not part of required exits shall not be required. 19-3.4.2 Initiation. 19-3.1.2 No floor below the level of exit discharge used only 19-3.4.2.1 Initiation of the required fire alarm system shall be for storage, heating equipment, or purpose other than residen- by manual means in accordance with 7-6.2. tial occupancy open to the public shall have unprotected open- ings to floors used for residential purposes. 19-3'.4.2.2 In buildings using Option 2, the required fire Jl alarm system shall be initiated by the automatic fire detection 9-3.2 Protection from Hazards. system in addition to the manual initiation means of 19-3.4.2.1. ~1~9-3.2.1 Hazardous Areas. Any hazardous area shallbe pro- 19-3.4.2.3 In buildings using Option 3, the required fire tected in accordance with Section 6-4. The areas described in alarm system shall be initiated upon operation of the auto- the following table shall be protected as indicated. Where matic sprinkler system in addition to the manual initiation sprinkler protection without fire-rated separation is used, means of 19-3.4.2.1. 1994 EDITION EXISTING APARTMENT BUILDINGS 101-171 SECTION 19-4 SPECIAL PROVISIONS 19-$.2 Heating, Ventilating, and Air Conditioning. 19-4.1 Windows for Rescue and Ventilation. (See 19-2. L!.) 19-5.2.1 Heating, ventilating, and air conditioning equip- ment shall comply with the provisions of Section 7-2. Exception: Buildings uxing Option 4. 19-4.2 High Rise Buildings. (See 19-Zll and 19-3.5.6.) 19-5.2.2 Unrented fuel-fired heaters shall not be used. 19-4.3 Operating Features. (See Chapter 31.) 19-5.3 Elevators, Escalators, and Conveyors. Elevators, escalators, and conveyors shall comply with the provisions of Section 7-4. SECTION 19-5 BUILDING SERVICES 19-5.4 Rubbish Chutes, Incinerators, and Laundry Chutes. 19-5.1 Utilities. Utilities shall comply with the provisions of Rubbish chutes, incinerators, and laundry chutes shall comply Section 7-1. with the provisions of Section 7-5. 1994 EDITION Agenda Item- No.: ~/9 /. AGENDA REQUEST Date: May 6, 1998 Request to be placed on: Regular Agenda Special Agenda XXX Workshop Agenda When: May 12~ 1998 Description of' item (who, what, where, how much): The FiYe Department proposes to amend the City of Delray Beach Code of Ordinances, Chapter 96: Fire Safety and Emergency Services, Section 96.16~ 96.17,96.46. 'The proposal includes an_. exception to the 101 Life Safety Code~ Section 19-3.5.6. (Example: .Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Direct staff to develop an ordinance to update mnH rmv~.mm thm C~ty of Delray Beach Code pf 0rdSnances, Chapter 96: Fire Saf¢~¥ and Emergency Services. Sections 96.16~ 96.17 and 96.46 with the appropriate exceptions to Section 19-3.5.6 of the 101 Life Safety Code, 1994 edition. (Example: Recommend. approval with funding from Special Events Account No. 001-3333-555-44.55). Department Hea~ Signature: ~ _ ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: ~pproved for agenda: ~/ NO ~ Hold Until: . Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved [ITY OF i)ELRR¥ BER£H D£LRAY B[ACH ~ 100 N.W. Ist AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity 1993 TO.' David T. Harden, City Manager FROM: ~cR°bert A. Barcinski, Assistant City Manager DATE: May 7, 1998 SUBJECT: Workshop Agenda - City Commission Meeting May 12, 1998 Request For Proposal - Downtown Valet Parking Direction City Commission is requested to review, make suggested changes, provide other direction, and authorize staff to proceed with the RFP for Valet Services. Approximately seven (7) months ago City Commission concurred with a recommendation received from the Parking Management Task Team to develop a proposal to consolidate valet services in the downtown area. The reason for this recommendation was a concern of a proliferation of requests from individual businesses for licenses to utilize City rights-of-way for parking drop-off, pick-up points, and the loss, as a result, of street parking spaces. The goals of the proposal are as follows: · To select a company that will efficiently and effectively operate a Valet Parking System located in Downtown Delray Beach. · To select a company that will provide secured parking to patrons of the system in an area comprised of commercial retail establishments, restaurants, cultural facilities and events. To select a company that will assist the City to better meet the needs of the businesses and customers in an area where parking is at peak demand and availability of space is severely restricted. To minimize and consolidate parking pick-up and drop-off points on Atlantic Avenue in order to maximize the availability of self public parking spaces. The scope of services to be provided is as follows: · Provide all personnel to operate the Valet Parking System. Provide all personnel materials and equipment, including uniforms. Provide all necessary equipment, fixtures, signage etc. for the operation of the Valet Parking System. · Provide adequate security coverage, during operations at those surface lots in operation. Maintain parking lots in a neat and clean fashion; ensuring that all trash, bottles, and newspapers are routinely removed; empty all waste receptacles; and other tasks as defined and directed by the City of Delray Beach. Monitor all electrical and lighting fixtures and immediately report all light bulbs and fixtures not in good working condition to the Assistant City Manager's office. Provide other services as may be required to keep the facilities in good condition. Proposers will be evaluated on their administrative abilities, experience, financial capacity and their concept, plan and costs. The area included for valet service is along Atlantic Avenue from Swinton to A-l- A. The Parking Management Advisory Board recommends proceeding with the RFP. This document has been shared with the existing licensees as well as other business owners. To date, I have received no comments. Staff is requesting consensus authority to advertise Request for Proposals for Valet Services. RAB/dr File U:RANGEL/RAB ValetPrk.doc Agenda Request Request For Proposal # 1-98 Page 1 Operation And Management Of The Downtown Valet Parking System REVISED DRAFT APRIL 28, 1998 REQUEST FOR PROPOSAL RFP# 1-98 OPERATION AND MANAGEMENT OF THE DOWNTOWN VALET PARKING SYSTEM The City of Delray Beach ("City") is soliciting Proposals for the Operation.~p~i~p:nagement of a Downtown Valet Parking System to be located in the Downtown area (~!~tic :~nue Corridor, from Swinton Avenue to A-l-A) of the City of Delray Beach. '~:::: A mandatory Pre-Proposal conference will be held DAY, DAT~i~¢~I' TIME in ROOM of"G{~?all, 100 NW 1st Avenue, City of Delray Beach, Florida 3~.= Those not attending Will be automatically disqualified. ::~? ::::~.. ':i~!i!iii:. All proposals must be received no later than DAY, oA~!ia~iii~iME , at City Hall- City Manager's Office and must be submitted in a sealed envelope '~l~'ly marked on the outside as RFP #1-98. The outside of the envelope sha!!..also include other"i~ation specified in the full Request for Proposal. All proposals received~ ~H~.r..:~tp or at this time:~ii!i:.be logged in the order received. '~iiiiii~' "::?:ii!iiiiiii?~:~ .... ':: "::i:i:i:i:i:' Interested parties may pick up a copy of the full'~j?For Pro:i~Osal by contacting: ::~::ii~ii~.City of Belra~.:B..each ...R.~BBi~ A:~B~rcinski, Assi{[ant city Manager .:~::ii[ii?' .~iii? 100 NW '1 st Cj~:D.f~lray Beach, FL 33444 The City of Delray Beach':~~'the righ't"g~ccept and/or reject any and/or all proposals, and to award a contract....:.:.:.:., which, ir~iJ~iS°le,discreti°n-'~::iiii:?, best serves the interest of the City. "'"'"' "::i:i:i:i.. BY: ~¢~ A. Barcin~i!!!~ssistant City Manager PUBLISHiiiiiiiii:. NEWSPAPER :::::::::, Request For Proposal # 1-98 Page 2 Operation And Management Of The Downtown Valet Parking System OPERATION AND MANAGEMENT OF THE DOWNTOWN VALET PARKING SYSTEM RFP # 1-98 INTRODUCTION The City of Delray Beach is seeking a qualified and responsible parking ..v:..~!i~t~'firm for the operation and management of a Downtown Valet Parking System. The info~ti~)n contained in this Request For Proposal (RFP) sets forth basic guidelines for propo~9~;~i!!i~stablishes the submission requirements and guidelines that will govern evaluation ..ci[iii~'eSC~d~$es. The City encourages proposals to max m ze service for the Atlantic Avenue Cori~i~r wh ~i~!~ding for a reasonable profit to the operator. .:~::~:. The City desires that all those submitting proposals (th.~i:?'Proposers") possess '~e'rtain experience and qualifications to ensure expert manager~ii::and higt~i~;luality operation of the Valet Parking System. In addition to attaining the hig~L.level .0.!ii~brvice, experience and expert se avaiabe, the City seeks to establish a str°~i?~S~,:' and mutually beneficial relationship with a quality-oriented operator. Therefore, seve:~iii!ii~.portant components will be weighed in view of each Proposer's ability to meet and perform th~rating standards set forth in this RFP and the Management Agreemen~!~i .:b.f~: ..negotiated with {~iSuccessful Proposer (the Introduction ...................'.'.'.'.'.'.'.":':'"''::~ ?' page Section 1 . ~ :: :: I~acl~gr;eund InformabO~. 3 Section 3 .:::i~.:, Pre-:..P.:.~.(~:~! ConferenCe 7 Section 6 ':~::G~?ral Terms and Conditions of the Proposal 11 Section 7 ,~?:::i iii ii::::~: Gi~al Terms of the Agreement 14 Sect!~~9 .... ¥~?~i:~i~. Insurance Requirements 19 Secti~ml0 '~?:~:=~Submission Requirements 22 Section :{~iii?~::: .iii? Qualification Form 25 Section 14 ::~::ii?i ?:i:.:: Drug-Free Workplace Program 31 Section 15 Insurance Requirements Form 32 Section 16 Public Entity Crimes Statement 33 Request For Proposal # 1-98 Page 3 Operation And Management Of The Downtown Valet Parking System SECTION 1 BACKGROUND INFORMATION VALET SERVICE AREA/PICK UP DROP OFF LOCATIONS The area to be serviced is on Atlantic Avenue from Swinton Avenue to A-1-A...~!~. an effort to minimize the use of an street parking spaces for pick up and drop off the City a~l!~lpates a need for no more than three (3)locations west of the Intracoastal Waterway and ~ii!'~)locations east of the waterway. Other proposals, however, will be considered. Authorit~?~j.t::a...p.t use of street parking spaces west of 5th Avenue is the City's, west of 5th Avenue is::iEDOT:~i~ht of way and will require their permission to utilize as pick up and drop off locations. POSSIBLE PARKING LOTS FOR VALET OPERATIONS ..... ..........~ii?' i~. There are (identified below) various public parking lots .~i::~private p.a.[king lots that might be considered for valet use. The Proposer would have to obt~!~!.n agrg~i~hts from private owners for their lots. The City will reserve public parking spaces 'i~l~8~.[:~A[lantic Avenue for general fire public use. The successful Proposer will not be able to 'b~ii~tire lots for valet parking. A maximum of 50% of the spaces in most public lots would be set'~i~!~.for this use. No on street parking spaces will be allowed for valet parki.r~:~:~e. The City anticipates a need for approximatel~i~300:~J~¢.e.S:... However, the Proposer needs to submit the number of spaces need in public Iot~iii~ase~l~i~i{~!~i~lysis of the need. · :':':' .':':':': "::iii:: The following list represents po~!~l sites (map'g~hed) WEST OF THE INTRACOAS~::i~A~TERWAY Public Lots .:::::i:::::::::::. · City Hall lots - This i~i~i~ity 9~::~!~i~!~i~pproximately 175 spaces. · Worthing Park- This i~i~i!~i~i~wned Io~"~i~i~: approximately 57 spaces. · Block 76 - Between NE::iii~$t and NE 2nd Avenues. This is a CRA owned lot with a p p rox!~t~!y ::...5....7:' spaces. · Railr;e~ii~::10t"-::~BBhind Elwo0B~iii:along railroad tracks. This is a City owned lot with ap~imately l'/~!~ces. · '~i[pber of Comm~ -....... This is a City owned lot with approximately 70 spaces. · Ad~i~..a..[dware lot - T~i$............. is a City owned lot with approximately 43 spaces. · vitto'r~i~ii!:0t - 1 bl0~A~i:south of Atlantic on SE 6th Avenue. This is a City owned lot with approxi~:!y 76:~bes. · Veteran's P~!~il~t!::~'This is a City owned lot with approximately 104 spaces. Private Lots · Executive Mall - SE 1st Avenue. This is a private lot with 50 spaces. · Sun Trust Bank lot - This is a private lot with 43 spaces. · Great Western Bank lot - This is a private kit with 13 spaces. · Atlantic Plaza (NE 7th Avenue). This is a private Iotwith 193 spaces. · Carol Financial Plaza - This is a private lot with 34 spaces. Request For Proposal # 1-98 Page 4 Operation And Management Of The Downtown Valet Parking System EAST OF THE INTRACOASTAL WATERWAY Public Lots · North end Marriott - North portion of lot on A-1-A owned by the City, 28 spaces. Ingraham Park A-1-A - City owned lot with 56 spaces (this is closed at dusk). · Sandoway lot - This is a City owned lot with 144 spaces (this is closed at dusk). Private Lots · Barnett Bank - This is a private lot with 39 spaces. · First Presbyterian Church - This is a private lot with 60 spaces. · Atlantic Center- This is a private lot with 87 spaces. ..~iiiii i?! .~:i:'~i!~..ii:::: · Waterway East - This is a private lot with 107 spaces. Proposers are to be cautioned that many private lots listed are u~.by the owners ~i~l~t.. Additionally, any City owned lots east of the Intracoastal a[:e?i~iGsed at night and would ce'quire separate action by City Commission to use. .::iii HOURS OF OPERATION ':iiiiiiii The successful Proposer will be expected to maintain the follow't~§~i~!:nimum hours of operation subject to quarterly adjustments agreed upQpi::~y:..the City: Minim~iihours of operation: 6:00 p.m. to 1:00 a.m. Thursday through SaturdaY::iiiiii?:ii~////iii::::~~ .... EXEMPTIONS Valet parking pick up and drop..:9[f locations, as'::~ll as public lots will not be available to the successful Proposer on eve~!~i~!gd days of Si~ial events when the roads are closed to vehicle traffic. ..~ii ~:i:'~ ...... ~ ii EXISTING LICENSE AGREEMEN~iEOR ............... USE OF RIGHT OF WAY The City currently has in effe~!i!!~i'ee (3) license' agreements with individual owners for the use of rights of way for valet servicbi~dm..p off and pick up. These are "The Avenue Bar and Grill, Inc., d/b/a 32 Eas~::G~ove Square, Ir~iiiand Peter's Stone Crab, Inc. ============================== Releva~{i~i~f°rmatio~::~hcerning ea:~h: is as follows: · Drop~::~ff...:i::pick up Ioc:a~!bn - 7th and 8th parking spaces east of Swinton on the south side of Atlantid?~?~?:i .... · Hours of 0~at~i:5:00 p.m. to 1:00 a.m. · Average nig'~i~alet service - 250 each night (Thursday, Friday, and Saturday). · Use private lots to park vehicles · Average turnover ratio 2.5 Grove Square, Inc. · Drop off/pick up location - 1st and 2nd spaces east of N.E. 2nd Avenue on the south side of Atlantic · Hours of operation 5:00 p.m. to 11:00 p.m. · Average nightly valet service Thursday (60), Friday (100-125), Saturday (150-200) · Operator utilizes Sun Trust lot · Average turnover ratio 2.5 Request For Proposal # 1-98 Page 5 Operation And Management Of The Downtown Valet Parking System Peter's Stone Crab, Inc. · Drop off/pick up location - 3rd and 4th spaces east of N.I=. 4th Avenue on the north side of Atlantic Avenue. · Hours of operation 5:00 p.m. to 11:00 p.m. · Average nightly valet service Thursday (50), Friday (100), Saturday (120-150) · Operator uses own lot and City owned lot behind Elwoods. · Average turnover ratio 2.5 Nightly usage and turnover ratio's are estimates. Request For Proposal # 1-98 Page 6 Operation And Management Of The Downtown Valet Parking System SECTION 2 SCOPE OF SERVICES The Operator shall furnish all management, supervision, labor and services consistent with generally accepted operations of a first-class Valet Parking System. The Operator will be responsible for the operation and maintenance of the~alet Parking System, including but not limited to the following: · Provide all personnel to operate the Valet Parking System.~iiiii~i~)~i~?~all personnel materials and equipment, including uniforms. · Provide all necessary equipment, fixtures, signage etci!~:~' the operation of':~i~/alet Parking System. · Provide adequate security coverage, during oper~Jli~sat the~:urface lots in operation. · Maintain parking lots in a neat and clean fashion; er~i~g that all trash, bottles, and newspapers are routinely removed; empty all waste re~lacles; and other tasks as defined and directed by the City of Del~f~yi~Beach. · Monitor all electrical and lighting fixities a'r~:~!iii~ediately report all light bulbs and fixtures not in good working condition tontine As~i~{ant"{3i~ Manager's Office. :ii!~. ::iiiiii::~ ': · Provide other services as~may be requiredi[~;keep the facilities in good condition. Request For Proposal # 1-98 Page 7 Operation And Management Of The Downtown Valet Parking System SECTION 3 PRE-PROPOSALCONFERENCE A mandatory Pre-Proposal conference is scheduled for DAY, DATE and TIME at: The purpose of the Pre-Proposal conference is to provide prosp(~!!ye Proposers the"~rtunity to ask questions, receive clarifications, or request information.:~erning the interpreta(i~!ifrom City representatives on any of the requirements in this RF~i~i?bspecti~e Proposer's will also be given the opportunity to tour the parking lots and the Atlanfi~!Avenue D~trict. The mandatory Proposers' Conference will be the only foru~ii~'iO~?teceiving clarification to this RFP. Proposers shall submit questions, in written form, at thi:~i~pference. If, based on the questions presented at the Proposers' Con:[e.r..e~ce, the City de~ii[t, necessary to issue an addendum to the RFP, each attendee shall ~!~i~:~::?py of the ad:~dum resulting from the conference. Only those firms in attendance m~isubnii~::~iL~rolaosa for consideration of award. THOSE NOT ATTENDING WILL BE ~OMATICALLY DISQUALIFIED. Request For Proposal # 1-98 Page 8 , Operation And Management Of The Downtown Valet Parking System SECTION 4 DISCLOSURE AND DISCLAIMER This Request For Proposal ("RFP") is being issued by the City of Delray Beach. Any action taken by the City in response to proposals made pursuant to this RFP or in making any award or failure or refusal to make any award pursuant to such proposals, or in any:.::~.a, ncellation of award, or in any withdrawal or cancellation of this RFP, either before or a .ftei~iii§suance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw this RFP either before or ~i~ recei~g~proposals, may accept or reject proposals, and may accept proposals whichdeviate from th~i~EP.... In its sole discretion, the City may determine the qualifications a.n.:..~?~cceptability of an~i~i~!~........., or parties submitting proposals in response to this RFP (each su~=~Party being hereinafter re~erred .......... ~ ...... ~,,,.,, ......... Q rees to prom deliver such further details, information and assurances, including,':t~l~ilnot limited to, financial and disclosure data, relating to the proposal and/or the Proposer, in~ ~!~g the Proposer's affiliates, officers, directors, shareholders, partners an.d..i~p....!gyees, as request~ iby the City. The information contained herein is provided S~ely for.~l~ii~r~e .nience of the Proposer. It is the responsibility of the Proposer to assure itself t~jq[~ti0'~::~tained herein is accurate and complete. Neither the City of Delray Beach, nd~iii~i:~ representatives provide any assurances as to the accuracy of any infq!~'...o...q in this RFP!ii~ny reliance on the contents of this RFP, or on any communications w[tlfiii~b~l~'~:~htatives, shaii~l~e at each Proposer's own risk. Proposers should rely exclusively..~::their owq~ihvestigations,'~iffiterpretations and analyses in connection with this matter. The R~i. is being~i~!C!~l..by the City without any warranty or representation, express or implied, as {~ii~::~copt~t?~~i~r completeness and no Proposer or other party shall have recourse to t~iii~i~~' if any information herein contained shall be inaccurate or incomplete. No warranty or r~b~entation is made by the City that any proposal conforming with these req.~!~i~i~ill be seleC{~i~gr either consideration, negotiation or approval. Delray B~, PRIVATE LOT OWNERS, and their representatives shall have no oblig~it!~:or liability witl~iii!~spect to this RFP, or the selection and award process contemplated hereun~fe~iiiiiNeither th~iiiCity......, nor its representatives warrant or represent that any award or recommenda[ion:::,::: ..:will beii~ade as a result of the issuance of this RFP. All costs incurred by a Proposer in~:iEi~iadlii§ii~:nd responding to this RFP are the sole responsibility of the Proposer. Any recipient (~{~i~i"RFP~ who responds hereto fully acknowledges all the provisions of this Disclosure and DiSclaimer and agrees to be bound by the terms hereof. Any proposal submitted pursuant to this RFP is at the sole risk and responsibility of the party submitting such proposal, In the event of any differences between this Disclosure and Disclaimer and the balance of the RFP, the provisions of this Disclosure and Disclaimer shall govern. Formal presentation by the Proposer shall be made before the City of Delray Beach or its designated selection committee. Contract negotiation will take place with the City's first choice, Request For Proposal # 1-98 Page 9 Operation And Management Of The Downtown Valet Parking System and if a suitable contractual arrangement cannot be made, negotiations will commence with the second choice. The City, at anytime, may, at its sole option, withdraw this RFP. The City reserves the right to select the proposal which in the opinion and sole discretion of the City will be in the best interest of and/or most advantageous to the City. The City reserves the right to waive any irregularities and technicalities and may at its discretion request resubmittal of proposals. All expenses in preparing the proposal and any resubmittals shall be borne by the Proposer. All or any responses to this RFP, may be accepted or rejected by.tl~-City for any reason, or for no reason, without any resultant liability to the City. The City and the Proposer will be bound only if and when a proposal, .a~s~iii::~iii~ modified, is approved and accepted by the City, and the applicable agreement~ii::~ertaini'~i~ereto' are approved, executed and delivered by the Proposer and the City, .and then only P~'~t to the terms of agreements executed by the Proposer and the City. ::i::iiiil The City of Delray Beach and its representatives are gQ'~'ed by ~e: Sunshine law and the Public Records law of the State of Florida and all propos~ii~i~r~d sul~i~g data shall be subject to disclosure as required by such laws. All proposals shall I~:: ~ub~i~ted in sealed bid form and shall remain confidential to the extent permitted by the Publi~!~ff~ords law until the date and Request For Proposal # 1-98 Page 10 Operation And Management Of The Downtown Valet Parking System SECTION 5 GOALS OF THIS PROCUREMENT · To select a company that will efficiently and effectively operate a Valet Parking System located in Downtown Delray Beach. · To select a company that will provide secured parking to patrons of the ,~.S.'i~m n an area comprised of commercial retail establishments, restaurants, cultural faci![ti~i~J~nd events. · To selecta companythatwill assistthe Cityto bettermeetthe neeCl~ii~the~$inesses and customers in an area where parking is at peak demand and availabiiity of spa~iii~.severely restricted..:~iiiii!~:":~" .... ':~iiiii iii · To minimize and consolidate parkinq pick-up and drop:c~i~ints onAtlantic Avenue in'order to maximize the availability of Jf-ee'public parking spac~i' ::iiii!!i~ Request For Proposal # 1-98 Page 11 Operation And Management Of The Downtown Valet Parking System SECTION 6 GENERAL TERMS AND CONDITIONS OF THE PROPOSAL The City of Delray Beach will not be responsible for oral interpretation given either by its representatives, or members of staff or by anyone else; the issuance of a writte, n addendum being the only official method whereby such interpretation shall be given. Proposers are not to contact or lobby any City representative related ::t~i~i involved in this Request for Proposal. All oral or written inquiries are to be directed!iiiS' tJ~iiiAssistant City Manager as nstructed herein. Any violation of this condition may r~Ult in ~:~i~...o....n and/or disqualification of the Proposer. :::::: Only information that is received in response to this Request:~f~iJS:r°posal or which the S~j~tion Committee may elect to obtain during the evaluation proces~ii~ill be considered. Any news releases pertaining to this Request for Propo~iii~)r: t.h~iii~ard of the Management Agreement will require the prior written approval of the Assist~iii~ Manager, or designee. Titles and headings in this Request for Pr(3p~.s.~l are for conveni~i~: only and shall have no binding force or effect. ~i~::~ii~i~ii::::~:~ .... This Request for Proposal shall be included a~::.incoi~liiii~::the contract to be negotiated. The order of contractual precedence will be the~i~g[~nt, R:l~::~locument and response. The venue for all legal action related to this prop~i~:i:'~nd any resulting contract or any action necessary to enforce the aw~[d~.a...ll be Palm ~ch County, and the contractual obligation shall be interpreted accordi~it~::t~!i~a~vs of INTERPRETATION O~ii~ROPOS~i~,O,~UMENTS AND INVESTIGATION OF PROJECT Each Proposer shall thofb~gl~!~: examine the Proposal Documents, and judge for itself all matters relating to the Iocati~i~and the character of the project and the expectations upon the successfu!~::::?~d~(,..and the ~:~ii:~es it proposes to supply, ..~ii? ......... ........ ~iiiiiiii:::::.'%? If the~!~oser shoul'~l~i~::of the opinion that the meaning of any part of the Proposal Documents is d0a!~l, or obscure, ~i~ontains errors or omissions, it should report such opinion or opinions to the':~.S.;i~tant City ~ager at least five (5) days before the date of formal opening of proposali'~i~ii?~er tha...:..t.:ii~propriate addenda may be issued by the Assistant City Manger, if necessary, t~::i~l p~i~ectve Proposers before proposals are filed with the Assistant City Manager. ::iiiii ilii PROPOSAL SUBMISSION One original and three copies of the Proposal shall be submitted to the Assistant City Manager, properly signed in ink, and submitted in a sealed envelope on which shall be shown the name and address of the Proposer, proposal opening date, and name and number of the proposal (1- 98). In addition, the words "CONTAINING PROPOSAL" must be typed or printed on the outside of the envelope. Request For Proposal # 1-98 Page 12 Operation And Management Of The Downtown Valet Parking System If forwarded by mail or other delivery, the Proposer must assure that the proposal is received in the office of the Assistant City Manager by the submission date and time. Proposals received after the time and date specified in the Advertisement for Proposals will be returned unopened and will not be considered. WITHDRAWAL OF PROPOSAL No proposal may be withdrawn after it is filed unless the Proposer makes such .r:..e..~st in writing to the City prior to the time set for the opening of proposals, or unless the C~:fails to accept said proposal within ninety (90) days after the date fixed for opening proP0.S.~iiiii:: Proposals will be opened and read aloud at the time and pla~iii~iicated in the Adv~ment for Proposals. Proposers or their authorized representatives.~i~i~invited to be present. The City reserves the right to waive any irregularities in ah~i.i~oposal, to reject any or all proposals, or to re-advertise for proposals if desired, (and "~:. the selection committee Proposer recommendation and justification),::::[!q::~;ept the propos~ii~!~:h in the sole judgment of the City is deemed the most advantageou~i~i'i~!~!!:9:.and for the':~ity ) This Request for Proposal, together with any'~d al~ ~e'~::~s hereto, and the successful Proposal in response thereto, may be incorp0::~?by reference into the Agreement to the extent that they are not inconsis~ent~:: ::::.with any te~. therein. In the event of inconsistency, the Only one proposal from a:~~:ti~ will b~':~:~sidered. If more than one proposal from a legal enti~ is submi~ed, only the fi~pmposal logged in by the Ci~ will be considered. All alternate proposals wiii;~be~.cons dere~::~B..have no bearing on the decision of award. The a~nt of the prope~d price(s)if any, shall be stated in U.S. Dollar. Tho ~roposer must si~n tho proposa~ in tho spaces provideO for si~naturos. If the Proposer is an individual, the words "Sole Owner'' shall appear after his signature. If the Proposer is a partnership, the word "Partner" shall appear after the signature of one of the partners. if the Proposer is a corporation, the Signature required is the officer, officers, or individual duly authorized by its by-laws or the Board of Directors to bind the corporation, with official corporate seal affixed thereto. Request For Proposal # 1-98 Page 13 ~peration And Management Of The Downtown Valet Parking System Failure of the successful Proposer to execute a contract as provided herein, within thirty (30) days after written notice of award has been given, shall be just cause for the annulment of the award and the forfeiture of any security to the City, which forfeiture shall be considered, not as a penalty, but as liquidation of damages sustained. Award may then be made to the next ranked Proposer, or all proposals may be rejected. DISCLOSURE OF PENDING LAWSUITS AND CONFLICTS OF INTEREST Prospective Proposers shall disclose any record of pending lawsuits, crimi~lii...violations and/or convictions, etc., shall cite any conflicts of interest under the City of De r~i~:.Code and/or · * *:::': laws of the State of Florida and shall agree that they will fully compl~=:ii:n all reSii3i~ts with the terms of said laws. This latter qualification may be satisfied by submission of a notarized affidavit to that effect with the proposal submission...........-.......'?~?~? '~?~ ~. DRUG FREE WORKPLACE ..~?' In compliance with the Florida Statute (Section 287.087)th~==~~:~orm "drug free workplace ce~ifi~tion" must be fully executed and submi~ed with the prdP~al. The Ci~ strongly suppods the Drug Free Act and expects full cooperation with the chosen Prb~er. PUBLIC ENTITY CRIMES STATEMENT =~?~=: "~:~:[;~?~?:~?~; the a~ached form "Public Enti~ Crimes State~nt".=~S~(~ b'~?~ii~executed and submiffed with the proposal Upon award recommendation or ~i~)..days after'Opening, which,~ver is earlier, any material submiEed in response':~S [e~=~~als will become a public record" and shall be subject to public disclosu'~~Stent with '~'~:apter 119, F or da Statutes Public Re,rd Law). Proposers must claim the ap~ll~b, le exemptions to disclosure provided by law in their response to the RE~[~~!~ing ma~!~=.to be protected, and must state the reasons why such exclusieP~m pu~i~!sclosure is'~essa~ and legal. The Ci~ resales the right to make any final.d~mination of ~ppli~bili~ of the Public Records Law. .~:~:~: '~::~:' Request For Proposal # 1-98 Page 14 Operation And Management Of The Downtown Valet Parking System SECTION 7 GENERAL TERMS OF THE AGREEMENT PROTECTION OF RIGHTS The City of Delray Beach reserve the right to include in any contract document.:~ terms and conditions as deemed necessary for the proper protection of the rights of .t..h'~i!City of Delray Beach and LOT OWNERS. EQUAL OPPORTUNITY EMPLOYER :~::ii::~ ..... ~:~:~:~" Firms doing business with the City are prohibited from discrimi~iating against any::~P!~)yee, applicant for employment, or client because of race, creed~i.~ii~)r, ancestry, religion, '~::~0nal origin, sexual preference, sex or age with regard to, but.~i~:/:iimited tgiyEmployment practices, rates of pay or other compensation methods, and trainin~i~lection. The term of the Agreement between the Cityi~g.d.:::~he Operator shafl::~::~for a period of one year the City will have the option to renew the coA~t?:~i~ ~ (2) consecutive' one year periods from the date of final execution of the Agreement.:~he Ci~i~.t::~giye the Proposer written notice of its intention to extend the Agreement not les:~ii iba...ni~i~'~i::i~ii~:days prior to the end of the BEGINNING OF OPERATIQN~??:~i ~ii~ The Operator must b~iii~?:~)perati0~iiiiii~io later than 0he (1) month after the Agreement is fully ASSIGNMENT OF AGREEME~?: SUBCONCESSlON AGREEMENTS The Op~!La.'."~ii~ii i~9~, at any ti~i::dur, ng the term of the Agreement, sublet any part of his Agre.e....~fit or ass~gn:a~portion or'i~art of it, except with the written consent of the City. MONKEY REPORTS The Opera~5~i~ill sub~J~::~a Monthly Statement of Gross Receipts and any other reports required ANNUAL REPORTS The Operator will submit an annual CPA Certified Statement of Gross Receipts to the City. Such Certified Statement will include an opinion by the CPA as to the accuracy of the Operator's Gross Receipts as defined by the agreement. The period covered by the CPA Certified Statement of Gross Receipts may coincide with the Operator's fiscal year and will be submitted to the City within sixty (60) days after the end of each twelve-month fiscal year. Request For Proposal # 1-98 Page 15 dperation And Management Of The Downtown Valet Parking System STANDARDS FOR REPORTS The Operator will prepare true and complete records and accounts of all Gross Receipts for each Year in accordance with Generally Accepted Accounting Principles. All cash shortages regardless of the reason, are to be absorbed by the Operator and are not the responsibility of the City. Bad debts, returned checks and charges for returned checks are also not the responsibility of the City. ..~i~.. The Operator will maintain locally (Palm Beach County) during the term (~i~.h..'~. agreement and for one Year thereafter all books of account, reports, records including sa~==~,ii~.cash register tapes, bank deposit slips, bank statements, State Sales and Use Tax==~turns'~===such other sales records as an independent Certified Public Accountant would need to exami~iiih..~order to certify the Operator's Annual Statement of Gross Receipts pU~bant to Generall~epted Accounting Standards. SEPARATE ACCOUNTING The Operator will maintain books of account, reports and rec~,nd other documents used in the concession separately and apart from any other business o¢:~b~inesses the Operator may COMPLIANCE WITH CITY, COUNTY, STA~ AND..'iii~ED..E:..F~,AL LAWS. LICENSING AND The Operator shall comply w!~l~iic31~i~.r, ules, regulati(~$, laws, and permitting requirements of the City of Delray Beach, Palm~B~J~:~Bnty, the Stat~iiDf Florida, and the U.S. Government now in force or hereafter to be ~ed. The Operator shall a6i~iiiby allii~i~ii.'.a, nd laws pertaining to his operations and shall secure, at his expense, al'i~iii~E and permi{~: necessary for the operation of the system. The Oper~ili~ii~:X respon~:i~i~?~gr payment of any and all taxes and license or permit fees levied .U~ifi::his opi~!~s, the pre~i~'es and improvements, property, sales or rentals. The City is e~i~Pt from the Pa~ent of Federal and State Taxes for tangible personal property. The Opei~9~'~ will not be exempt from paying sales tax to suppliers of materials which are used in the fulfillmi~l~ipf Operator's ~i3tractual obligations with the City. The Operator will not be authorized to use th:~i~'s Tax E~e~Ption Number in securing such materials. PERFORMA~i~::B~~D The Operator shall post a Performance Bond, Irrevocable Letter of Credit or in the alternative a cash deposit in the amount of Five Thousand ($5,000.00) Dollars with the City upon the execution of the Agreement. Said Performance Bond shall be issued by a surety company authorized to do business in the State of Florida and shall be refundable at the termination of the Agreement, if all terms and conditions of the Agreement accepted by the Operator have been satisfied. If the Performance Bond is on an annual coverage basis, renewal for each succeeding year Shall be submitted to the Assistant City Manager thirty (30) days prior to termination date of existing Performance Bond. Request For Proposal # 1-98 Page 16 Operation And Management Of The Downtown Valet Parking System SECTION 8 MANAGEMENT AND OPERATIONS The Operator shall manage and operate the Valet Parking System and provide all services that are required in accordance the Request for Proposal, their proposal, the negotiated contact with the City, and any City policies and technical procedures, including any fee stru~i~s, user fees and rate structures, to be negotiated by the parties. It is the intention of the City that its service be of the highest quality att.a.:!~li~iii~!~ areas are to be kept clean, orderly and sanitary at all times and in strict accordance~i[h the ~!!~ble laws, ordinances, rules and regulations of the City of Delray Beach. ..~i~.. The City shall have the right to require that undesirable pra~ti~§' be discontinued or remi~died. Failure of the Operator to take appropriate action after n~!~iion fro~:~he City will result in the cancellation of the agreement. ':~::i!!ii!!iiii::~ .... APPEARANCE OF PREMISES The Operator shall have a neat and orderly (~[ait!~.n.....................at all times an:~J~ll be solely responsible for the necessary janitorial services to prope~!~:~'~iai~i.n...:::~l? premisest~:'mhe Operator agrees to perform daily removal (Thursday through SatUit~y)o[.!i!..ff....eifi!!~i~h.....~::!mmediate exterior area within twenty (20) feet of the valet parking sites and pii~+:Upi~d dro~ff:locations. The Operator shall provide at his expense all garbage, trash, and'~l~ish receptacles within the confines of his area, and shall provide a sufficie~::number of the~i~'eceptacles for his own use and for the use ::iii:iii:i:!:~:i:i:!:i.. :':':': of the public. Dumping of ~e~ei~taCle~i~and removai?~f trash, rubbish, and garbage shall be the responsibility of the Op~i :~i~i~? The City will make periodi~iand..r~iffe:fhi~i~i~n of the facilities used to determine that they are '::!:i:i:i..,::i:i:i':' ' ":'::: being maintained in a neat~i~ii~rderly manner. The Operator shall make available all areas of the premises...:g~:der his cont~l~?~qr examination at any time by the CI~ MANAGER or his authorized~e~tive. The':~e~ator will be responsible for all improvements in cleaning and/or::::::~i~tenan'~?~ethods a~eemed necessa~ to meet the contractual obligations contained in the Agree~t The ope~:r accepts t~?:physi~l facilities and space provided in their as-is condition. These facilities Will~0me ..... ~tesponsibili~ of the Proposer for the term of the Agreement, and will be returned eac~y:::~he same condition in which they were provided, except for normal wear and tear. No alt~tib'ns or additions shall be made to the premises without first having obtained wriffen consent of the Ci~. Authorized alterations or additions shall be made at the Operator's expense. ADVERTISING AND SIGNS The Operator shall provide, at his sole cost, required signs at all public approaches to the valet system. All advertising, signage and postings shall be approved by the City Manager or his designee and must comply with the requirements of the City of Delray Beach Sign Code. Signage will be removed every night. Request For Proposal # 1-98 Page 17 Operation And Management Of The Downtown Valet Parking System SECURITY The Operator must provide any security measures which may be required to protect his area and his equipment, materials, and facilities. Said security measures may not violate other restrictions of the Agreement. EQUIPMENT .... The Operator must provide, install and maintain, at his own cost and exP:e.'~::e, all equipment required to operate the system. Such equipment may include signage?~k~:~ ~binets, radios, The Operator should include in his/her proposal a staffi~g~i~iattern 0.r. plan which details the number and qualifications of the personnel who will bei~Ployed .:!~!?~ihis/her operations. At a minimum, the Operator shall employ people to serve th~?~ipub!.!~?~l~o are neat, clean, well groomed and courteous. Valid drivers license must in effect'~t~i~l~iiii~es. An experienced manager (or managers) shall..:., be provided by :~i:Operator to oversee the operations and with authority to direct day ~t~ay::pperations. A 2z~.h.:.o. ur contact person and telephone number of manager will be provi~l~d::~ii~!~:.:. Conduct of:~he employees shall be subject to reasonable regulation by the Assista~iiCity OFFICE/STORAGE SPACE The City of Delray Beach wi!!ii~i~J~iDo office or ~!~iage space. This is the responsibility of the The Operator and any pei~ employed by him, shall never have been convicted of any offense inv0.1?/:!gg...moral turpitude., or felony. A list of employees including the information requested:~il~?th~i~Assistant Cit~iiMa:nager on a DUI is to be submitted to the Assistant City Manage~i~i~in fo~ight (48) ho[J~iihfter the Operator makes his selection for employment. Fail~ii~to comply with:::{~is provision will be grounds for cancellation of the Agreement. All shall obserV !', the graces of personal grooming. The City reserves the right to periodic~ii~ii~pnduct ..... b~§~round checks for all employees of the Operator, although the C ty s NON-DISCRIMINATION There shall be no discrimination as to race, sex, color, creed, or national origin in the operations referred to by the Agreement; and further, there shall be no discrimination regarding any use, service maintenance, or operation of the valet service. All services shall be made available to the public, subject to the right of the Operator to establish and enforce rules and regulations to provide for the safety, orderly operation, and security of the facilities, his equipment and personnel. Request For Proposal # 1-98 Page 18 Operation And Management Of The Downtown Valet Parking System UNIFORMS AND IDENTIFICATION The Operator's employees shall, at all times, be neatly and cleanly uniformed. Uniforms for employees shall be of a standard style and meet prescribed standards as determined by the City. All employees must wear clean uniforms, and with numbered badges, worn on the breast pocket at all times. Accurate records must be kept of the names and addresses of those to whom such badges are issued, to assure proper identification of employees a~:::eny time, as required by the Assistant City Manager. Uniforms are subject to the approva!~::~ilhe Assistant City Manager or his representative.......... COMPLAINTS .................... The operator shall clearly display on all informational signaqf~., a telephone':~,er that customers can call to Iodqe a complaint about service. A "Comt~l~fnt Report Log" an~i::i~iil;,ecord indicatinq the resolution of the complaint will be kept on file ~diii§ to be made available':f~'City Employees of the valet service will be required to park in area'§::i~!qnated for that purpose by the City. These areas will be remote from,.the qeneral public 'i~i~i~3g and desiqnated valet RESERVING SPACES FOR VALET SERVICE~OWlN:.~?~!i?:~ .... The operator may use devices (preferably traffii~::i~i~s) approved by the City to reserve valet parkinq spaces in public lots. The~valet service ma~ authorize towing of vehicles that use these reserved spaces without au,t~ti~, Signs will ~iDosted indicating the name1 phone number and location of the towip, g!!~mpany;iiiiiiThe compari~!iSelected to tow vehicles and their towing rates must be approv.e,d?~ the Ci~i?The towing cOmpound must be located within the City of Request For Proposal # 1-98 Page 19 Operation And Management Of The Downtown Valet Parking System SECTION 9 INSURANCE REQUIREMENTS I. The operator shall be responsible for his work and every part thereof, and for all materials, appliances and property of every kind in connection with this particular project He shall specifically and distinctly assume and does so assume, all risks of dam.~.or injury or persons used or employed person of property wherever located, resulting.:fr.:~ any action to or operation under the contract or in connection with the work. It is un~i~0od and agreed that at all times the operator is acting as an independent contractor. I1. The operator at all times during the full duration of work under the agreement, i i ling extra work in connection with this project shall meet the following..........~i."iirements: A. Maintain Worker's Compensation and Employ~i?~iability:~::i!gsurance to meet the statutory requirements for the state of Florida. '~iii~i~i::~ .... i::~? B. Maintain Comprehensive General Liability Insurance':~!ii~iil,000,000 per occurrence to protect the City against all risks of injury to persons (ii~i~d!ng death) or damage to property wherever located resulting f!:~i~y action or oper~i~::::under the contract or in connection with the work. This polid~ili!~:~i~id~......., coverage::::~0r premises/operations, independent operator, broad form proPe~ da~iii~cts/completed operations and C. Maintain Automobile gial~ili~i:.insurance of::~!00,000/$300,000, $50,000 per occurrence, including Property.~DAitiageiiii¢overing owned, non-owned or hired automobiles and equipment used:,! i l necti0 ii ith the contr i:' D. Excess Liability':~!~0,00oii~i::~~e:to follow the primary coverage E. Mainta.i~..an Employe~!~i~honesty Bond of $100,000. F..iN~ie:"the":~i~i~f Delray B:~iJ~h and PRIVATE LOT OWNERS, as an additional insured :~iiiii~ all liability p'~i!~!~s required by the Agreement. When naming the City of Delray Beach ':~ii~iiiii~nd PRIVATE LOT OWNERS as additional insured onto your policies, the insurance ':~panies here~ii!agree and will endorse the policies to state that the City of Delray Be~::and PRI~ATE LOT OWNERS will not be liable for the payment of any premiums or aS~isme~:!A copy of the endorsement(s) naming the City of Delray Beach and PRIVATEi~OT OWNERS as an additional insured is required and must be submitted to the City's Risk Manager. G. No change or cancellation in insurance shall be made without thirty (30) days written notice to the Assistant City Manager. H. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+ VI or better per Beet's Key Rating Guide, latest edition. Request For Proposal # 1-98 Page 20 Operation And Management Of The Downtown Valet Parking System I. Original signed Certificates of Insurance, evidencing such Coverages and endorsements as required herein, shall be filled with and approved by the Risk Manager before service is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the operator must submit updated certificates of insurance for as long a period as the Agreement is still in effect. J. It is understood and agreed that all policies of insurance provided by tl~iioperator are primary coverage to any insurance or self-insurance the Assistant Ci~ii~'nager, City of Delray Beach, or that PRIVATE LOT OWNERS possess and sl3~lli ;apply to a loss resulting from the work performed in the Agreement. ..~iii!!i?:iiiiii!iii~............ III. All policies issued to cover the insurance requirements here:!D shall provide '{~iiii!i¢.'..O...~/erage from the first dollar of exposure. No deductibles will be allowe~i~n any policies issu'~i?~b~/this contract unless specific safeguards have been establis.l~ii~ assure an adequate '~ihod for payment of deductibles by the insured and approved~il~ the Ris:k.:iiManager. IV. The liability insurance coverage shall extend to an'~iiiii~¢la~?'the following contractual indemnity and hold harmless agreement: "The operator hereby agrees to indemni~ii~g~b01d harmless ti~iii~.'..~ty of Delray Beach and PRIVATE LOT OWNERS, their officers, '~ei~!ii~:e~ployees fr;b'm all claims or suits for property damage and claims for suits f~!ibodilyi::ii~j~s::~t0 the public without limitation including the costs of investigation, all exp~e~ii~?'iitigaii~?i:ncluding reasonable attorney fees and the cost of appeals arising out of ~J~i~ch claims or suits because of any and all acts of omission or commiSSiOn, by the opei:~.r, his agents, servants, or employees, or ========================== .:.:.:.. through the mere opera~fF0f tl'~iiiservice undeti~mtract. The foregoing inde~i~ity agree~.n,.t~,,~h~!l apply to any and all claims and suits other than claims and suits ari~i~?~~::~i~i~×clusive negligence of the, City of Delray Beach and PRIVATE LOT OW~:S, their officers, agents, and employees, as determined by a court of competent jurisdi(~ili~.. A..:~i~?:~perai~?i~!!:.notify his::i~urance agent without delay of the existence of the Hold :iiii!i~i~larmless Agre~nt contained within the Agreement and furnish a copy of the Hold ':~::i~ii~armless Agreer~i~iqt to the insurance agent and carrier. B. Th~ii~P~.rator Wi~li~btain and maintain contractual liability insurance in adequate limits for the s~i~:i~ of protecting the City of Delray Beach and PRIVATE LOT OWNERS under thei~ld Harmless Agreement from any and all claims arising out of the operations authorized by the Agreement. V. The operator will secure and maintain'policies of approved sub-operators. All policies shall be made available to the City upon demand. Compliance of the operator and all suboperators with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the operator and all suboperators of their liabilities and obligations under any Section or Provision of the Agreement. The operator shall be as fully responsible to the City and PRIVATE LOT OWNERS for the acts and omissions of the Request For Proposal # 1-98 Page 21 Operation And Management Of The Downtown Valet Parking System subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. VI. Insurance coverage required in these specifications shall be in force throughout the Agreement term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the Agreement term, the City shall the right to consider the Agreement breached and justifying the termination thereof. ' VII. It is understood and agreed that the inclusion of more than one insured~i~; these policies shall not restrict the coverage provided by these policies for one.:i~:~ii~reunder with respect to a liability claim or suit by another insured hereunder or a~i~mploy~ii~l:$uch other ~nsured and that with respect to claims against any insu~'ed hereunder, o~ib~i:insured hereunder shall be considered members of the public; bu~i?~ihe provisions of i~i~i.ii~;.ross Liability clause shall apply only with respect to liabil~iiii~dsing out of the ow~hip, maintenance, use, occupancy or repair of such portic)~.i~f' the pr~!ses insured hereunder as are not reserved for the exclusive use of occupan~i~f: the insi~J against whom claim is Request For Proposal # 1-98 Page 22 Operation And Management Of The Downtown Valet Parking System SECTION 10 SUBMISSION REQUIREMENTS Proposer shall submit one (1) original and three (3) copies in a clear, concise format, on 8-1/2" x 11" paper, in English. Each set shall contain all the information requested herein to be considered for award. Omission of required data may be cause for disqualifi~t!pn. Proposal must be properly signed in ink and submitted in a sealed envelope on which .~ll:'be shown the name and address of the Proposer, opening date, and name and propos~liii~mber (1-98). In addition, the words "CONTAINING PROPOSAL" must be typed or printe....d, ii~:~i~::.0, utside of the envelope. Failure to submit the proposal on the required date and'ii{J~e wil'[~ii~ii~[eason for disqualification. Late proposals will be returned unopened. The a~ount......, of the prop~!.~hall be stated in U.S. Dollars. Proposers shall submit the following information as descrih~::ih ..... the se~:0ns below. Proposers shall complete the "Questionnaire" in Section 13iii~g=.d disclose any record of pending lawsuits, criminal violations and~ii~eovictions, etc., a'r~i~hall cite any conflicts of interest under Ordinance of the City of D&i~iE~h~and the laws ~==the State of Florida and shall agree that they will fully comply in aiiii~espe~ii~J~i~e..terms of said laws. This latter qualification may be satisfied by submissi(~iiofaii~i~ta~i~i!~ffidavit to that effect with the The proposer should s~Jl~i't' '~i::ii~Orporate res'5iBtion, or power of attorney or agreement signed by all partne~i!hdicatingii~ht the persodii~igning the bid will sign the contact and is authorized to do sChiZOid bind t!~ffi~['pO:!;ation, sole owner, partnership or business entity. In addition to the queS{i~ii~b,:':'~':'~' ~'~':'~': complet~':{~~e following attached forms: :,?Qua..:!~fica..Qon Form, SeCtion 12 ..:?:::::~ .... Insurance Requirements Form," Section 15 ::~:~,~:. Public Entity::i~imes Statement," Section 16 Describe tl~ii~{~Ssional qualification and recommendations of the firm, including the firm's prior and current history of operations other valet systems. Include resumes outlining the experience, education and performance record of the individuals who will be instrumental in the management and operations of the Valet Parking System, as well as the middle and upper management of the organization who will have supervisory responsibility of the system. Request For Proposal # 1-98 Page 23 Operation And Management Of The Downtown Valet Parking System 3. FINANCIAL CAPACITY Proposer shall include a financial statement, balance sheet or assurances that indicates the financial capacity and viability of the Proposer to effect the proposed contract. This statement should be certified by an appropriate corporate official or by an independent Certified Public Accountant. Provide the names and addresses of at least two (2) bank references. Include names and telephone numbers of specific persons that may be contacted. ..~... Describe in detail your plans for the management, operation, r~i~tenan~ii?i~f:.the Valet Parking System. Include a list of equipment and materials t~:be used in ope: i n, of the system. Include pictorial and narrative descriptions of emp!~i~e uniforms and ide't~tl~tion procedures. .:i::~::i::i?' .::hi:i: Describe your concept of the valet parking systems' i~.~r:~max~mi~' profits and increasing efficiency. The section should include such items as staffi~::~it~ooths (surface lots), hours of operation, accounting practices, etc. Provide informati0~:,~:i:parking queue locations, the total number of parking spaces needed, p~.r. king lots to be use~J?~.d the number of spaces in each lot. All spaces in public lots will n~ii§~ii~..m,.,ade available t0"~i~:.valet service. Spaces closest to Atlantic Avenue will be kept for'~e"~::~ ~=ublic parking~~:' - ::i:iii. ~i:i:ii::. ' If proposing use of privately owned a':i~i~:~ from the private lot owner authorizing the use of the lot and the cost ~!!~ must be provided. This letter does not need to be a binding agree~i;:,~but rather a I~e.r of intent. Describe in detail thei!~ts asso~i~ted with oper~ii~g the system described herein. Indicate ,t,?,.;.,rate to be':~i~,r, ged to the customer for the service provided and any remun~ii~ii~iibe paid to 't~!!~!ty for use of rights-of-way for queues and public parking ?' 6. R EREUC£S three refe:~~h whom the Proposer has provided valet se~ice. NOTE: Each Proposer may be required, before the award of any contract, to show to the complete satisfaction of the City, itself has the necessary facilities, ability, staff and financial resources to furnish the service as specified herein in a satisfactory manner, and he may also be required to show past history and references which will enable the City to satisfy itself as to Proposer's qualifications. Failure to qualify according to the foregoing requirements will justify the City in rejecting the proposal. Request For Proposal # 1-98 Page 24 Operation And Management Of The Downtown Valet Parking System SECTION 11 EVALUATION CRITERIA The City will evaluate proposals and will select the Proposer which meets the best interests of the City. The City's evaluation criterion may include but shall not be limited to co~i~ration of all provided information. The ranking factors are as follows: Qualifications MaximumR~iin~n Administration .:~P/o ::i:i:~::' :::::::::: Experience .:~iiiiiiiiii:: 25% .iii:i:::' Financial Capacity "~ii!i!iiiii~:. 25.-0~i?' Concepts, Plans & Costs :i:~:i: Request For Proposal # 1-98 Page 25 Operation And Management Of The Downtown Valet Parking System SECTION 12 QUALIFICATION FORM For the City of Delray Beach to award the agreement to the best qualified Proposer, an evaluation of the qualifications of each Proposer must be completed. Failure to return this Qualification Form with all questions completely answered may be grounds for..:d.i!~qualification. The Proposer submitting this form warrants that he: (A) Can carry out all the requirements of this Request for Proposal~ii~hd its '~i~operat onal plans and fulfill the associated financial commitments. ..~i~.. ::iiiii? Pro~ser's Initials (B) Has successfully developed and operated other efforts':~i~iiar to those proposed. (C) Has supplied the information:.in the attachi~diiOuestionnaire and Individual or Corporation Financial Informatiol~ii~ii~er evdence ~!ii~s capabilities and readiness to complete .::~:i:i:i .:i:i:i:: ProP~: (pr nt or type) Signature ': ................ ' Date Request For Proposal # 1-98 Page 26 Operation And Management Of The Downtown Valet Parking System SECTION 13 QUESTIONNAIRE Must be completed and submitted as the Administrative Section of your response. 1. Proposer's Name: .......... .... 2. Principal Office Address: .:::::::~ 3. Official Representative: ~'i'['!': 4. Typo of Business: (Chock One) Individual ( ):~::i~Partnorsl~(i¢:.( ) Corporation 5. If a Corporation- When Incorporated? ':~iii!ili?~ii:::: ?l~i~hat State? 6. If Foreign Corporation-Date of Registration with Florida::~,e.,!arY of State: 7. For All Corporations, complete the foii~i~i:~ a) Name of Resident Agent: :~::~i~i. ..??:~?'"~?:~:?:~::~ .... b) Address of Resident Agent: '.:.:.:. c) President's~::~ne: d) e) .l..re~s:ur.e.r's Name: "i:i:i:i::. ..~ii~i?MemberS~filBoard of Direetors: 8. Foi+::il~rtnershi.~i!i~omplete the following: a) Dati~::~.f...:~ianization: '.~!:' b) General or Limited Partnership? c) Name and Address of fiach Partner: Name: Address Request For Proposal # 1-98 Page 27 Operation And Management Of The Downtown Valet Parking System d) Designate general partners in a Limited Partnership 9. Number of years of relevant experience in operating similar busine$~ii i i i: :iiiiii:' "i:i:i:i::. 10. Give the names and locations of places at which Propose?' has op~!~l similar businesses, together with dates of operation: ::iiiiii?':~ .... Type of Operation Name Location..~ii i iii::' Dates (a) .i~i~!~!~;...........-~ 11. State in approximato~i~i~i!~.h.,e largest g~ receipts ~roposer has realized from the operation of the b~g!~'Ses"~ntioned in It~}~0 in any one place in one (~) year. ~ 2. Have any similar ~¢~ents held gy Croposer for a proioct similar to tho proposed project ever been cah~i~? Yes ( ) No ( ) If yes, give details on a ................................ ::~:: ..:'[:i:::: :::: :;: · ~ 3..:~t' those a~l~S w~th which the ~roposer has had contracts or a~mements dudn~ the :~P.ast three (3) ydh~: c) d) 14. Has the Proposer or any principals of the applicant's organization failed to qualify as a responsible bidder, refused to enter into a contract alter an award has been made, or failed to complete a contract during the past five (5) years? Yes ( ) No ( ) If yes, please explain: Request For Proposal # 1-98 Page 28 Operation And Management Of The Downtown Valet Parking System 15. Has any surety or bonding company ever been required to perform up.0..~.~!ltie Proposer's (or any of it's principals) default? Yes ( ) No ( ) If yes, a~i~h a statement naming the company, the date, the amount of the bond an~li~:, circumstances surrounding said deficit and performance. ':i:i:i:i:: 16. Has the Proposer or any of it's principals ever been declared bankrupt or::it~ganized under Chapter 11 or put into receivership? Yes ( ) .:~:?~i!~o ( ) If yes, ~i~¥date, court jurisdiction, action taken and any other explanat~emed necessa~. :::::::::::::::::::::::::::::::: ........... : 17. References: Give three (3) references~ tb::~Dce and abili~: ':;:~:~:~:: b) .......... 18. Person or per~::~intere~[~?~i~:~!~i~::~nd Qualifi~tion Form have ( ) have not ( ) been convicted ~~ 'Si~t~?~'nty, or Municipal Coud of any violation of law, other then tra~c vibl~ns. To include stockholders over ten percent (10%). (Check approp~late word) ..~):a'in an~:::~victions: :::::::::::::::::::::::::::::::::: "~?i'i'i'i" 19. Are (any) lawsuits pending or completed involving the corporation, pa~nership or individuals with more than ten (10%) interest: Yes ( ) No ( ) a) List all pending lawsuits: Request For Proposal # 1-98 Page 29 (Dperation And Management Of The Downtown Valet Parking System b) List all judgments from lawsuits in the last five (5) years: c) List any criminal violations and/or convictions: ::i:i:~:~:. 20. Conflicts of Interest. The following relationshipsili~i~ disclose~i~........., as potential actual or perceived conflicts o[ interest in connection with thi'gii~po~!iiii 21. Have you carefully ins~i}i~he site(s)? '!i}~es ( ) No ( ) The Proposer under~ds tha.t:}}i~!0~t.!,..e..r~::0ontained in this Qualification Form is to be relied upon by the cit~iii~!.:~ai'ng'"l~i~i~i~b'posed Agreement and such information is warranted by the Propos~ii~ibe true. The undersigned Proposer agrees to furnish such additional !~[...m.:ption, prior~it~i~.cceptance of any proposal relating to the qualifications of the Pr~~i~imay be req~i~d by the Assistant City Manager. The::!~oser furth~ii~nderstands that the information contained in this questionnaire mai~ii~i~¢onfirmed thr~hgh a background investigation conducted by the Delray Beach Police~i~rtment. Byii~Ubmitting this questionnaire the Proposer agrees to cooperate with thi~iiiii~estigati:q~iii: including but not necessarily limited to fingerprinting and providing ifi~i:mati~i~Or credit check. Request For Proposal # 1-98 Page Operation And Management Of The Downtown Valet Parking System NEED CORRECT STRUCTURE FOR SIGNATURES, NOTARY AND CORPORATE SEAL INDIVIDUAL PARTNERSHIP Request For Proposal # 1-98 Page 31 Operation And Management Of The Downtown Valet Parking System SECTION 14 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that dbms: (Name of Business) 1. Publish a statement notifying employees that the unlawful map~i~!~e, distribution, dispensing, possession, or use of a controlled substance is prohi~ii~d i'~iii~.e....~.work place and speci~ing the actions that will be taken against employees for violates of such prohibition. ..~? .::~:~:~:: 2. Inform employees about the dangers of drug abuse i~;~e~Work Pl~Ce, the business's policy of maintaining a drug free work place, any availab~ ~rug cog~ling, rehabilitation, and employee assistance programs and the penalties t~i~may.b~posed upon employees for drug abuse violations. ':~:, 3. Give each employee engaged in pro~i~!~g the commodities'~ontractual sewices that are under a bid copy of the Drug-Free ~i~,~ .... 4. Noti~ the employees that as a conditi°~f Wp~i~g~?~he commodities or contractual sewices that are underbid, the employee ~i~e by the'terms of the statement and will noti~ the employer of a:~g?nviction of, :~;plea of guil~ or nolo contendere to, any violation of Chapter 1~93 ~::~any controlle~substance aw of the United States or any state, for a v o atio~Currin~::~in the workpi~e no later than five (5) days alter such .::~:~:~: ..j ~ ~ ... conviction. ::::::?:?' .:~?:~::~' 5. Impose a sanction :~?er;~'uire th~':~:~acto~ padicipation in a drug abuse assistance or rehabilitation prog~::Jf such is available in the employee's communi~, by any ::;:~:~:~:. emplo~e~Who.is so convi~,. 6...:M~ a good :::f~!~b effo~ to continue to maintain a drug-free workplace through :~?~i~plementation of:~ S section. ':~. .... :~::::::~::' As the per~th~~d to sign the statement, I ce~i~ that this firm complies fully with the above require~? Proposer (print or type) Signature Date Request For Proposal # 1-98 Page 32 Operation And Management Of The Downtown Valet Parking System SECTION 15 INSURANCE REQUIREMENTS FORM 1. Workers' Compensation and Employer's Liability per the Statutory limits of the State of Florida. 2. Comprehensive General Liability (occurrence form), limits of liabili~iii~i::iO00,000 per occurrence for bodily injury property damage to include Premises'.:...~p..:.~..O~::~i~ations; Products and Completed Operations; Independent Contractors; Broad ~:':~i~..erty Damage Endorsement and ContractUal Indemnity (Hold harmless endorsement e~l~ly as written in "insurance requirements" of specifications). 3. Automobile Liability - $100,000/5300,000 - $50,00.Qiii~:Ch occurrence - own~ion- owned/hired automobiles included. 4. Excess Liability - $50,000 per occurrence to follow th~i~p~.~:'coverage. 5. The City of Delray Beach and PRIVATE LOT OWNE'~?~ust be named additional insured on the liability policies; and it ~$~be stated on the 8 Ai i ate. 6. Employee Dishonesty Bond- $100,00~?iiii::: "::~i!iiiiii?!iiiii::~:~ ..... 7. Thirty (30) days written cancellation notic~i~e~::i:red. ' 8. Best's guide rating g~ii~'~::~er, latest ediii . 9. The certificate.m~[ state the i51d number and 'title. BIDDER AND INSURANCE'~GENT STATEMENT: We und~!~i~id;:~t~i:[q~urance R~!irements of these specifications and that evidence of this insura,,n..~may:ii ii!i~, by req~irf~ w th n five'.~::~.iiii (5)days after bid opening. Proposer (~int or type) i Signature of Proposer Date ~oDuC~ ~s:[IS CERTIFICATE 1S ~ ~ A ~ OF ~FO~ON ONL~ A{ex~er g Atexa~er, Inc. , ~OT ~, ~ OR ~-1~ CO~GE ~0~ ~OO S. ~. 97tn. Ave. ~LI~ agLOw. CO~~S ~O~G CO--GE 305 - 2~- 7870 ~]~ A NATIONAL UNION FiRE .............. co~e~ U INS. ~. OF THE STATE 0F PENN. COMPA~ ~ ~ ~ ~ ~ ~AT ~E POU~ OF INSU~NCE ~ l ~ B~OW HAVE B~ ~SUB ~ ~E [NSU~ N~B ~OVE ~R ~E ~U~ }~OO ..... INDI~, NO~~D[NG ~Y ~QUI~T. ~ OR COND~ON OF ANY CO~ OR O~ DO~M~ W~ ~P~ ~1~ ~~ MAY ~E ~U~ OR MAY P~TA{N. ~E INSU~CE A~ BY ~E ~U~ O~ H~N ~ XU~ ~E~S, " ~ MADE X ~R. P~ONAL ~ ADV. I~URY $ 1,000,000 X ~PLOYE~ BENEFITS ~RE DAMAGE IA~ ~ f~i ~ 100,000 S1000000/%1000000 - · ~Eo. ~E ~*~ ~ ~ s 10. 000 A X ,~,~o 06/30/96 06/30/97 ~ i 1.000.000 ...... ~ ~OD~Y ~Y X ~1~ A~ ' BODILY INJURY :'"'X"' PNYSX~L 0~GE UMBR~ FO~ AGG~GA~ I . s 50O,OO0 ~E~TION IN THE ~ATE 0F FLORIOA. RE: PRO~E~ 96-17; I~6 R~RFACING PROJECTS ~T~S 0UE: ?/~6. THE DEPARTMENT OF MANAGEMENT · SERVICES "The Kogcr Ceatcr · 2737 C, enterview Drive ° Knight Building · Tallahassee, Florida 32399-0950 CHILES, GOVERNOR WILLIAM H. LINDNER, SECRETARY Jul)' 21, 1995 MEMORANDUM NO. : 1 (95-96) · All State Agencies and Political S . .i~ionJf ~/ FROM:" George'C. Banks, CPPO ~/~,'-~,.'/{Ir, __ Director, Division of Purchasing I ~1 '[ sUBJECT:..: · Public Entity Crime Information Statement Section 287.133, Florida Statutes, was revised by deleting the requirement for vendors to file a public entity crime statemem prior to the issuance of a purchase order or contract having a value in excess of the Threshold for Category Two. All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statemem informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows:. "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on --leases of-real property to a public, entity, may not be awarded or perform work as a ~ contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in SeCtion 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." We have developed some questions and answers which may be directed to you regarding this revision. 1) How will public entities be informed of convictions? Answer. Information can be reported or received in written form such as a news release, newspaper articles, or copies of convictions. Oral or telephone reports should be reduced to memorandum when forwarded to the Division of Purchasing. Recycled Paper STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this ~ day of , 19 , by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this Contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the contract price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT/S PAGE NUMBER/S Invitation to Bid Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form Drag Free Work Place Certification Specifications CONTRACT DOCUMENT/S PAGE NUMBER/S Bid Signature Page Statement of No Bid References Addenda numbers to , inclusive, and any Modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the date indicated on Page 6 of the bid documents. 5. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida 100 N.W. 1 st Avenue Delray Beach, Florida 3344~. As to Contractor: 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY'. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents 9. Indemnification: The CITY agrees to pay to the CONTRACTOR the sum of Ten Dollars ($10.00) and other good and valuable consideration as specified consideration for the above-stated indemnification in accordance with the provisions of F.S.A. Section 725.06. Furthermore, the CONTRACTOR acknowledges that the bid price includes the consideration for the indemnification provision. The CONTRACTOR shall indemmfy, defend and save harmless the CITY, its officer's agents, and employees, from or on account of any claims, damages, received or sustained by any person or persons resulting from the work provided for this Project; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any use of any improper materials or by or on account of any act or omission of the said CONTRACTOR or his subcontractors, agents, servants or employees. CONTRACTOR agrees to defend, indemnify and save harmless the CITY, its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to 'defend, indemnify and save harmless the CITY, its officers, agents, or employees from all such claims, fees, and from any and all suits and actions Of every mrne and description that may be brought. against the CITY or its officers, agents or employees on account of any claims, fees. royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY, its officers, agents, or employees for the infringement of any and all patents or patent rights claimed by any person, firm or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the OWNER. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year fa-st above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin Mayor Approved as to Form: City Attorney WITNESS: CONTRACTOR: By: (Print or Type Name) (Print or Type Name and Title) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 1997 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public Print, Type or Stamp Name of Notary Public CERTIFICATE (if Corporation) STATE OF FLORIDA ) ) ss , COUNTY OF ) ) I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on , 19 the following resolution was duly passed and adopted: "RESOLVED, that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 19 , between the City of Delray Beach, Florida, and this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and aff'rxed the official seal of the corporation this ~ day of ,19 (Secretary) (Seal) Delray Beach Public Library May 12, ~ 998 REVENUE FY 97/98 FY 98/99 % Growth Operatin~ Grant - City of Delra¥ Beach $ 693,259 $ 1,050,000 51% City Grant - Special $ 40,000 City Grant - Special $ 20,000 Library Revenue- Proiected $ 26,000 $ 26,000 0% State Library Operatin~l Grant $ 85,836 $ 90,000 5% Total Revenue $ 865,095 $ 1,166,000 35% OPERA TING EXPENSE Personal Services $ 589,349 $ 778,000 32% Library Materials $ 149,940 $ 237,000 58% Operations $ 125,806 $ 151,000 20% Total Operating Expense $ 865,095 $ 1,166,000 35% Per Capita (50,000 population) $16.90 $23.32 38% staff Level - (Full Time Equivalent-New =ositions: Community Outreach Coordinator, Reference Department Head, Acquisitions Assistant, and Librarian Assistant II) 18.77 Persons 22.77 Persons 21% FY 97~98 Operations 15% Library ~ Materials~ 17% ~ Personal ~ Services 68% FY 98199 Operations 13% ~ Library Materials~ 20% ~ Personal ~ '~-Services 67% FY 98 99 Recap 998, 11 = 51 AM FROI~ DELRAY L ! BRARY 561 266 9757 P. 1 DELRAY BEACH PUBLIC LIBRARY FACSIMILE TKANSMITTAL SHEET DATE; Please remove the Lt'brav/from tee Workshop Agendx It wouki be premature for me to Pete ~ I..~n.,y DL,~_ __~ Memo To: David Harden, City Manager From= Lula Butler, Director, Community Improvement Date.- May7, 1998 Re-- Bus/Bench Advertisement - Delray Beach Jaycees rrEM BEFORE THE COMMISSION: Discussion of the proposal submitted by the Delray Beach Jaycees to install benches at various bus stops throughout the City and to gain City Commission support to amend appropriate sections of the Land Development Regulations governing signs, providing for the sale of advertisement space on panels attached to these benches. The Jaycees are proposing this as a means of generating funds for projects supported by their organization. BACKGROUND: The Delray Beach Jaycees are proposing that the City Commission consider amending the sign code to allow "off-premise" signs to benches placed at approximately 40 bus stops throughout the town. The amendment to the sign code would facilitate the expansion of their current business operated under the "Pilgrim Corporation, an affiliate of Metropolitan Systems, into the boundaries of this municipality. Section 4.6.7(C)(1) of the LDR's prohibits the use of off-premise signs in the City. Off-premise signs are defined as signs, including building signs, that advertise an establishment, service, merchandise or entertainment that is sold, produced, manufactured or furnished at a place other than the property on which the sign is located. The City Commission amended this section of the code to eliminate this type of signage around 1986 upon a recommendation from the Planning & Zoning Board and citizen input. The intent of this change was to eliminate visual sign clutter and blighted conditions. The code required all prohibited signs to be removed by 1991. The City Attorney cladfied in 1993 that benches located on rights-of-ways annexed into the City were subject to City codes and ordinances, responding to correspondence from the Jaycees Attorney alter staff had required several benches along the South Federal Highway corridor to be removed. The Jaycees have had a long standing agreement with Metro to install benches and sell advertisement space within the unincorporated areas of Palm Beach · P~ge 1 County. They are again, seeking City Commission approval to extend their services into the boundaries of the City of Delray Beach. The Commission rejected a proposal in 1994 from the Boys & Gids Club to erect a number of billboards in certain locations to generate funds, electing to support the aesthetic standard desired for the town. Staff believes citizen input on this proposal would continue to support the prohibition of off-premise signs. Staff has received a similar proposal from a for-profit firm to provide the same service, they have an existing contract with the City of Boynton Beach. If the Commission wishes to consider such a proposal, the process to select the appropriate provider would need to be identified. RECO~DATIlN: Staff is recommending centinued support of the existing code prohibiting off-premise signs throughout the City. Jaycees. b · Page2 SIMON AND SCHI~IIDT ATTORNEYS AT LAW m. o. Box ~o~o IOO NO~=~THEA~,T FIFTH AV[NU~ DEL~Y B~CH, ~LO~IDA a~3 E~NE~T G. SIMON ~PHONE (~1) ~7~1 WEST P~L~ B~C~ April 21, 1998 Mr. David Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Jaycees Bench Project Dear David: I received the enclosed proposal from the Jaycees regarding signs on bus benches. I know this would require a change to the sign ordinance. Can we place this on the May workshop for Con~nission consideration and direction? Thanks. Sincerely yours, David W. Schmidt Proposed Public Seating Project Submitted to The Delray Beach City Commission Time/date location Proposed by The Great Delray Beach :laycees 901 Lakeshore Drive Delray Beach, FL 33444 PROJECT BACKGROUND In 1950 a group of Florida Jaycees while meeting Conference in West Palm Beach recognized the need for public seating in the communities of the State. It was observed that there was none, anyWhere. All of the transit systems of the day were privately owned and operated. The transit riders as well as others either stood or they fashioned some form of seating on their own. It was a time when dairies maintained sign departments. Supermarkets were small and the convenience store had not yet appeared. There were large numbers of independently owned grocers. In return for painting the grocery store exterior walls of the stores, the diaries were permitted to include their own names and sign ships to make small wooden benches upon Iogos. Those benches were placed at the front of most grocery stores as well as at many drug stores and gas stations. The dairies wished for their names and Iogos to be seen everywhere that milk was sold. Quite a number of the lightly constructed diary benches were picked up by the people and placed at bus stops. It was from those benches that the Jaycees developed the plan of providing seating to be funded by commercial displa~,s. Having recognized the need and having conceived a method of meeting that need major questions remained. How could Jaycees achieve the goal? The Jaycees knew that they were good at short term week-end projects where a lot of manpower is needed but a public seating service would be on-going. It would require an investment in seating, equipment and people and there would be legal barriers to overcome. The obstacles s. eemed great and the effort too much for part-time citizen activists. A way was found. Prevail upon member Jaycees in different areas of the state to set-up what became to be known as service companies to operate the program as a Jaycee project. It should be stated that from the beginning it was realized that the seating would be a way of keeping the Jaycee name before the public, just as it was for the diaries· Due to the age limit on Jaycee membership as older members leave new members are recruited. Thus, new members are the lifeblood of the organization. The plan was complete. Its principle goal would be to provide seating for the communities but of major importance to the Jaycees would provide identification with the service. That would be the responsibility of the service companies. Member Jaycees organized the independent service companies and the project found early acceptance within communities. At the request of the Jaycees, the state legislature enacted laws necessary to the seating service. In cooperation with the National Jaycee office in Oklahoma, Flodda Jaycees visited federal authorities in Washington and policies were interpreted to accommodate the service. Throughout their history the Jaycees nationally are the largest financial contributor to the Muscular Dystrophy Association. The emphasis today is Special Olympics. Early in the seating service the Jaycees began contributing display space on the seating to the Boys and Gids Clubs. In time, the clubs were invited to join the Jaycees as sponsors of the service. Similar support and invitations were later extended to Big Brothers-Big Sisters. In its conception the seating service was not intended as a ways and means project. The community need was for a seating service but one that did not conflict with other community values. For that reason the. service companies were expected to conduct the commercial side of the service in a conservativ.e, Iow key manner. Palm Beach County is the bidhplace of a service that has brought rest and comfort to people throughout the world· We hope the service will not only expand in the future but will include the Community of Delray Beach. INTRODUCTION: August 6, 1996 was the beginning of PalmTran's new phase of expansion. There are now several additional routes in operation. The system is operating on a 'timed transfer' concept, Which means the routes will be timed to meet each other at the major locations. These locations are major shopping malls, hospitals and downtown areas (The Palm Transmitter). These routes are designed to be more convenient and user friendly. The service is accessible to students, professionals and senior citizens while also being sensitive to the necessary American Disabilities Act (A.D.A.) requirements. As always, the Jaycees recognize the need for public seating and feel now is an excellent time to implement such a program. SERVICE COMPANY: PILGRIM CORPORATION: Is an affiliate company of Metropolitan Systems. Metropolitan Systems is one of the original Jaycees service companies. Formed in 1951 by member Jaycees, at the urging of the mid-state chapters, today the firm is the principal provided of the Jaycee public seating projects in the State. Since its founding the service company, as it is referred to, has attempted to remain closed to the original Jaycee philosophy of providing all desired seating but with controlled commercial activity. It is to be noted that the service divides itself into two parties: providing and maintaining the physical seating facilities and engaging in the commercial activity necessary to the funding of such seating. From the beginning the Jaycees and the service cOmpany have been closely connected. The Jaycees set the policy for the most part, Pilgrim is responsible for the commercial side of the service. Pilgrim provides the personnel to operate the service. They bill for the service, deposit all funds and they make the disbursements necessary to meet the obligations. Included in those obligations are record keeping, bookkeeping, accounting, legal and so on. In addition, the service company contributes to the Jaycee expenses for governmental relations. Jaycees participate in addition to other sponsoring organizations (Big Brothers/Big Sisters, Boy's & Girl's Clubs and Special Olympics of Palm Beach County). Display space and the production of displays used to assist their organizations or their projects. Surplus funds, when available, contribute to the purchase of additional seating. The Jaycees seating service was-never intended to provide a full scale commercial advertising service so as {o generate funds for either the Jaycees or the County. Such a service was not thought to be in the best interest of the community. For that reason surplus funds have always been small or even non-existent. THE JAYCEES: Advantage Throughout Palm Beach County men and women between the ages of 21 to 39 are having fun helping others while developing leadership qualities through their membership in The U.S. Junior Chamber of Commerce (Jaycees) The organiz{~tion offers endless opportunities in both a social and professional atmosphere. The Jaycees offer young people today: Networking within their community (new friends, business contacts and national Jaycee link program.) Fun (chapter functions and community events. Professional training (seminars from career counseling professionals, self-help articles in Jaycees Magazine.) Organizing s~pport for community/social causes (voters registration, AIDS awareness, holiday programs, fund raising for local charities, and accident victims within the community.) ~ State, national and international events (State officer elections, the Ten Outstanding Young American awards, Junior Chamber International World Congress.) Volunteerin.ff 'v'olunteering through the organization offers unique rewards. Jaycees acquire stills which can be applied in all facets of their lives. Self improvement - Expand or develop ones leadership, decision making and public speaki~g skills. Community awareness - Help identify community needs, then plan and implement projects to help others. Fellowship - Associate w~th progressive young people who have similar interests and objectives. That's the Jaycee Advantage: Today's young people learn and achieve goals while helping others and their community. ORGANIZATIONS WHO BENEFIT FROM JAYCEES PROJECTS: Junior Olympics March of Dimes Boy Scouts of America A.V.D.A. Make A Wish Foundation Police Explorers American Red Cross March of Dimes Food Pantry (C.R.O.S.) Back Yard Bounty I I I I PURPOSE OF THE BENCH PROJECT 0 Provide public seating at the mass transit bus stop locations within the City of Delray Beach. ~ Provide public seating at no expense to the taxpayer. ~ Generate revenue for community interest projects. There are an estimated 75 potenl~tial bus stops along the main arteries of Delray Beach which would include Atlantic Avenue, Linton Bloulevard, Federal Highway, Congress Avenue, Lake Ida Road etc. We recognize that some are in residential areas and others in commercial areas. We could provide seating to all but only place a commercial message in areas that would not b~ offensive to these residential communities. We would place advertising on the benches which would be applicable to that particular location. For instance, the intersection at Federal Highway and Linton Blvd. would be more likely to have advertising for perhaps a mall proprietor or a local business. In a residential neighborhood we would be likely to pla~e advertising for Big Brothers/Big Sisters or an upcoming community event such as Jazz on the Avenue. Bus Bench Placement Sights Palm Tran # Physical Location 210 Delray Beach Chamber Of Commerce 211 S.E. 2nd Street and S. Federal Highway 212 S.E. 3rd Street and S. Federal Highway 213 S.E. 4th Street and S. Federal Highway 215 S.E. 10th Street and S. Federal Highway (southwest corner) 217 Banyan Tree Lane (in front of Eckerd Drags) 218 Linton Blvd. and S. Federal Highway (in front of SunTrust) 219 S. Federal Highway (in front of Delray Lincoln Mercury) 220 S. Federal Highway (in front of Sherwood Pontiac) 224 Lindell Blvd. and S. Federal Highway (northwest corner) NORTH END OF DELRAY BEACH CITY LIMITS 205 S. Federal Highway and (in front of Sheriff's Boys and Girls Ranch) 206 S. Federal Highway and N.E. 8th Street (just south of 8th St) 7618 N.E. 1st Street and 2nd Avenue (northeast comer) 7680 S.E. 1st Street between NoAh/southbound Federal (in front of Bud's Chicken) 281 N. Federal Highway and Lindell Blvd. (in front of Mobil Gas Station) 283 North Federal Highway in front of Ralph Buick 284 " "in front of Mitsibushi Dealership 285 " "in front of Dunkin Donuts 286 " "and Linton Blvd. (N.E. comer in front of Exxon 289 801 NoAh Federal Highway 290 294 North Federal Highway and N,E. 1st St (in front of Trees) 294 North Federal Highway and N.E. 4th Street (in front of Federal Auto Plaza) 7661 North Federal Highway-South of Atlantic Avenue (in front of Delray Rug) ATlaNTIC AVENUE ' ' 7620 In front of Delray Tennis Center ' ' 7622 just east of N.W. 10th Ave. (on the northeast side) 7625 Corner of Atlantic Avenue west of Congres~ 7626 7627 Northeast.comer of Barwick Road and Congress (in front of gas station) 7603 Southside of Atlantic perpendicular to Barwick 7604 Sunset 7667 Atlantic Avenue and Homewood Bird, S.E. comer 7669 Eastbound Atlantic in front Of church 7670 Eastbound Atlantic across from Temple ??? Synagog CONGRESS AVENUE 704 Congress Park #?# I block south of Linton on Congress Avenue LINTON BOULEVARD. 6375 N.E. side of Linton in front of Pines of Delray . 6376 Linton Blvd. westbound and Dover Road 6379 Palm Forest Way on N.E. side 6380 Linton Blvd. in front of Albedson's 6443 Eastbound Linton between Shell Gas Station and Kentucky Fried Chick. Date: 5/11/9'8 Agenda Item No. AGENDA REOUEST Agenda request to be placed on: ~Regular __ Special ~orkshop ~ Consent When: 5/12/98 Description of Agenda Item: Request from Delray Beach Jaycees to Install Benches with Advertisements Ordinance/Resolution Required: Yes/~ Draft Attached: Yes / No Recommendation: Department Head Signature: .~~'~~ City Attorney Review/Recommendation (if appli ble) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: City Manager Review: Approved for agenda:~)/No ~t~! ':~ Hold Until:~ Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: ADVERTISING ON STREET FURNITURE MEETING OF MAY 12, I998 DATE: MAY 7, 1998 Please be advised that Lula Butler, Director of Community Improvement, will provide additional information on the above subject on Monday, May 11, 1998. CityCler \Memo \ N~vsrack SZZ~O:N' AND SCZ--Zz~'rDT ATTORNEYS AT LAW P. O, BOX 2020 I00 NORTHEAST FIFTH AVENUE DEL~Y BEACH, FLOP~IDA ~:~$T G. S~O~ T~O~ (~) April 21, 1998 1v~. David Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Jaycees Bench Project Dear David: I received the enclosed proposal from the Jaycees regarding signs on bus benches. I know this would require a change to the sign ordinance. Can we place this on the May workshop for Commission consideration and direction? Thanks. Sincerely yours, David W. Schmidt Proposed Public Seating Project Submitted to The Delray Beach City Commission Time/date location Proposed by The Great Delray Beach ]aycees 901 Lakeshore Drive Delray Beach, FL 33444 PROJECTBACKGROUND In 1950 a group of Florida Jaycees while meeting Conference in West Palm Beach recognized the need for public seating in the communities of the State. It was observed that there was none, anYWhere. All of the transit systems of the day were privately owned and operated. The transit riders as well as others either stood or they fashioned some form of seating on their own. It was a time when dairies maintained sign depadments. Supermarkets were small and the convenience store had not yet appeared. There were large numbers of independently owned grocers, in return for painting the grocery store exterior walls of the stores, tile diaries were permitted to include their, own names and sign ships to make small wooden benches upon Iogos. Those benches were placed at the front of most grocery stores as well as at many drug stores and gas ststions. The dairies wished for their names and Iogos to be seen everywhere that milk was sold. Quite a number of the lightly constructed diary benches were picked up by the people and placed at bus stops. It was from those benches that the Jaycees developed the plan of providing seating to be funded by commercial displa~/s. Having recognized the need and having conceived a method of meeting that need major questions remained. How could Jaycees achieve the goal? The Jaycees knew that they were good at short term week-end projects where a lot of manpower is needed but a public seating service would be on-going. It would require an investment in seating, equipment and people and there would be legal barriers to overcome. The obstacles s. eemed great and the effort too much for part-time citizen activists. A way was found. Prevail upon member Jaycees in different areas of the state to set-up what became to be known as service companies to operate the program as a Jaycee project. It should be stated that from the beginning it was realized that the seating would be a way of keeping the Jaycee name before the public, just as it was for the diaries. Due to the age limit on Jaycee membership as older members leave new members are recruited. Thus, new members are the lifeblood of the organization. The plan was complete. Its principle goal would be to provide seating for the communities but of major impodance to the Jaycees would provide identification with the service. That would be the responsibility of the service companies. Member Jaycees organized the independent service companies and the project found early acceptance within communities. At the request of the Jaycees, the state legislature enacted laws necessary to the seating service. In cooperation with the National Jaycee office in Oklahoma, Florida Jaycees visited federal authorities in Washington and policies were interpreted to accommodate the service. Throughout their history the Jaycees nationally are the largest financial contributor to the Muscular Dystrophy Association. The emphasis today is Special Olympics. Early in the seating service the Jaycees began contributing display space on the seating to the Boys and Girls Clubs. In time, the clubs were invited to join the Jaycees as sponsors of the service. Similar support and invitations were later extended to Big Brothers-Big Sisters. In its conception the seating service was not intended as a ways and means project. The community need was for a seating service but one that did not conflict with other community values. For that reason the. service companies were expecled to conduct the commercial side of the service in a conservativ.e, Iow key manner. Palm Beach County is the birthplace of a service that has brought rest and comfod to people throughout the world. We hope the service will not only expand in the future but will include the Community of Delray Beach. INTRODUCTION: August 6, 1996 was the beginning of PalmTran's new phase of expansion. There are now several additional routes in operation. The system is operating on a 'timed transfer' concept, Which means the routes will be timed to meet each other at the major locations. These locations are major shopping malls, hospitals and downtown areas (The Palm Transmitter). These routes are designed to be more convenient and user friendly. The service is accessible to students, professionals' and senior citizens while also being sensitive to the necessary American Disabilities Act (A.D.A.) requirements. As always, the Jaycees recognize the need for public seating and feel now is an excellent time to implement such a program. SERVICE COMPANY: PILGRIM CORPORATION: Is an affiliate company of Metropolitan Systems. Metropolitan Systems is one of the original Jaycees service companies. Formed in '! 951 by member Jaycees, at the urging of the mid-state chapters, today the firm is the principal provided of the Jaycee public seating projects in the State. Since its founding the service company, as it is referred to, has attempted to remain closed to the original Jaycee philosophy of providing all desired seating but with controlled commercial activity. It is to be noted that the service divides itself into two parties: providing and maintaining the physical seating facilities and engaging in the commercial activity necessary to the funding of such seating. From the beginning the Jaycees and the service cOmpany have been closely connected. The Jaycees set the policy for the most part, Pilgrim is responsible for the commercial side of the service. Pilgrim provides the personnel to operate the service. They bill for the service, deposit all funds and they make the disbursements necessary to meet the obligations. Included in those obligations are record keeping, bookkeeping, accounting, legal and so on. In addition, the service company contributes to the Jaycee expenses for governmental relations. Jaycees participate in addition to other sponsoring organizations (Big Brothers/Big Sisters, Boy's & Girl's Clubs and Special Olympics of Palm Beach County). Display space and the production of displays used to assist their organizations or their projects. Surplus funds, when available, contribute to the purchase of additional seating. The Jaycees seating service was-never intended to provide a full scale commercial advertising service so as {.o generate funds for either the Jaycees or the County. Such a service was not thought to be in the best interest of the community. For that reason surplus funds have always been small or even non-existent. THE JAYCEES: Advantaqe Throughout Palm Beach County men and women between the ages of 21 to 39 are having fun helping others while developing leadership qualities through their membership in The U.S. Junior Chamber of Commerce (Jaycees) The organiz§tion offers endless opportunities in both a social and professional atmosphere. The Jaycees offer young people today: Networking within their community (new friends, business contacts and national Jaycee link program.) Fun (chapter functions and community events. Professional training (seminars from career counseling professionals, self-help articles in Jaycees Magazine.) Organizing support for community/social causes (voters registration, AIDS awareness, holiday programs, fund raising for local charities, and accident victims within the community.) ~ State, national and international events (State officer elections, the Ten Outstanding Young American awards, Junior Chamber International World Congress.) Volunteerinq V'01unteering through the organization offers unique rewards. Jaycees acquire stills which can be applied in all facets of their lives. Self improvement - Expand or develop ones leadership, decision making and public speaking skills. Community awareness - Help identify community needs, then plan and implement projects to help others. Fellowship - Associate with progressive young people who have similar interests and objectives. That's the Jaycee Advantage: Today's young people learn and achieve goals while helping others and their community. ORGANIZATIONS WHO BENEFIT FROM JAYCEES PROJECTS: Junior Olympics March of Dimes Boy Scouts of America A.V.D.A. Make A Wish Foundation Police Explorers American Red Cross March of Dimes Food Pantry (C,R.O.S.) Back Yard Bounty I I I I II I I I I PURPOSE OF THE BENCH PROJECT 0 Provide public seating at the mass transit bus stop locations within the City of Delray Beach. 0 Provide public seating at no expense to the taxpayer. 0 Generate revenue for community interest projects. There are an estimated 75 potenetial bus stops along the main arteries of Delray Beach which would include Atlantic Avenue, Linton Bloulevard, Federal Highway, Congress Avenue, Lake Ida Road etc. We recognize that some are in residential areas and others in commercial areas. We could provide seating to all but only place a commercial message in areas that would not b~ offensive to these residential communities. We would place advertising on the benches which would be applicable to that particular location. For instance, the intersection at Federal Highway and Linton Blvd. would be more likely to have advertising for perhaps a mall proprietor or a local business. In a residential neighborhood we would be likely to plaqe advertising for Big Brothers/Big Sisters or an upcoming community event such as Jazz on the Avenue. Bus Bench Placement Sights Palm Tran # Physical Location 210 Delray Beach Chamber Of Commerce 211 S.E. 2nd Street and S. Federal Highway 212 S.E. 3rd Street and S. Federal Highway 213 S.E. 4th Street and S. Federal Highway 215 S.E. 10th Street and S. Federal Highway (southwest corner) 217 Banyan Tree Lane (in front of Eckerd Drugs) 218 Linton Blvd. and S. Federal Highway (in front of SunTrust) 219 S. Federal Highway (in front of Delray Lincoln Mercury) 220 S. Federal Highway (in front of Sherwood Pontiac) 224 Lindell Blvd. and S. Federal Highway (northwest corner) NORTH END OF DELRAY BEACH CITY LIMITS 205 S. Federal Highway and (in front of Sheriff's Boys and Girls Ranch) 206 S. Federal Highway and N.E. 8th Street (just south of 8th St) 7618 N.E. 1st Street and 2nd Avenue (northeast corner) 7680 S.E. 1st Street between North/southbound Federal (in front of Bud's Chicken) 281 N. Federal Highway and Lindell Blvd. (in front of Mobil Gas Station) 283 North Federal Highway in front of Ralph Buick 284 " "in front of Mitsibushi Dealership 285 " "in front of Dunkin Donuts 286 " "and Linton Blvd. (N.E. comer in front of Exxon 289 801 North Federal Highway 290 294 North Federal Highway and N.E. 1st St (in front of Trees) 294 North Federal Highway and N.E. 4th Street (in front of Federal Auto Plaza) 7661 Nodh Federal Highway-South of Atlantic Avenue (in front of Delray Rug) ATLANTIC AVENUE 7620 In front of Delray Tennis Center 7622 just east of N.W. 10th Ave. (on the northeast side) 7625 Corner of Atlantic Avenue west of Congress 7626 7627 Nodheast.comer of Bap, vick Road and Congress (in front of gas station) 7603 Southside of Atlantic perpendicular to Bap~ick 7604 Sunset 7667 Atlantic Avenue and Homewood Blvd, S.E. corner 7669 Eastbound Atlantic in front of church 7670 Eastbound Atlantic across from Temple ??? Synagog CONGRESS AVENUE 704 Congress Park #?# 1 block south of Linton on Congress Avenue LINTON BOULEVARD 6375 N.E. side of Linton in front of Pines of Delray . 6376 Linton Blvd. westbound and Dover Road 6379 Palm Forest Way on N.E. side 6380 Linton Blvd. in front of Albertson's 6443 Eastbound Linton between Shell Gas Station and Kentucky Fried Chick. [ITY OF DELR#Y BEflgH CITY ATTORNEY'S OFFICE ~-':"~:.~,.,?.~_~,,?"~"'" ~' ~,~.,,~?~'"~'~'*~'~' ~'~'¥~?. ~'~'~' ~o~^ .4~ Writer's Direct Line: (561) 243-7090 DF£RA¥ BFACH Ali. America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~b~ SUBJECT: Advertising on Modular Newsracks The City Attorney's Office has been approached by newsrack companies who are interested in placing advertising on the modular newsracks. Advertising on the modular racks is a potential source of revenue for a company who would install and maintain modular newsracks. The revenue from the advertisements could cover the modular rack company's maintenance and administrative costs. Thus, there is a question as to whether the City Commission would consider allowing advertisements on modular newsracks within the City in order to allow a company that provides the modular newsracks to recover their costs. I attach for your information photographs of modular newsracks in San Francisco which does permit advertising on the newsracks. Please call if you have any questions. DNT:smk Attachments cc: David T. Harden, City Manager racks.dnt Figure 1 - City Solutions model at Union Square Figure lA - City Solutions model at Union Square showing advertisement for US Conference of Mayors WELCOME TO THE U.S. CONFERENCE OF MAYORS - 3A - Figure 6 - SFNA model outside 401 Van Ness Avenue Figure 6A - SFNA model at Jessie and 5th streets - 313 - t AMERICAN I LUNG ASSOCIATION® l;keculive Committee , of Southeast Florida, Inc arv McNicholas Sluggctt ~P'rcsidcnt Alcxandcr "Sandy" Mycrs Vicc-Prcsidcm March 19, 1998 Emilio Diamantis Secretary Bemcrd Kurit Peter Urba Trcasurcr Metropolitan Bcncl~ Advcrtisers Company P.O. Box 118.5 Susan Foldcn, Ph.D. West Palm Beach, FL 33402 ]mmediatc Past President Members-Al-Large Dear Mr. Urba, Alfrcd Grasso Slmron Grccnc ( h~ylc I.~..dc. 'l'Jmnk you li)r y()ur lime, your guidance, your nurturing ways James Shclton and most of all the incredible benches which you designed, painted and placed throughout Palm beach County. These benches which are James H. Sugannan valued at over $18,000 in advertising and promotion, have become one CEO of the most effective ways we have ever had at getting the word out to '. the community ab(mt thc Vehicle I)()~mli<)~) l'r()gran~ ()l' linc A~)crican ~' Lung Association ol' Southeast Florida. 2701 N. Australian Avenue West Palm Beach, FI. 33407 Thc fimds we raise will help children and adults with lung Phone: (561) 659-7644 disease throughout southeast Florida. Again, many tha~s to you, your Fax: (561) 835-8967 company and the employees of Metropolitan Benches for all they did in Ii-Mail: amhmgscll(a~aol.com helping us market Ibis prqjcct and turning it fi'om a Iow visibility project into one with great visibility and inevitably more dollars for our 3~rving: services. Palm Beach Martin St. Lucie With heartfelt appreciation, Indian River Okccchobcc Counties a/'u/)a,,cCjb/medic/nc Chicl' Executive ()lliccr ag(tins/lung ~fixea.ve. When You Can't iJrcalh, hi,H/, Else ~,,atters~, ?' of Palm Beach County, Inc. 2112'C,.on§ress Avenue South, Suite 200 ; (561) 966-4120 TEL West Palm Beach, FL 33406-7670 (561) 966-5725 FAX November 11, 1997 Ms. Alishia L. Urba, Bench Representative The Greater W.P.B. Jaycees P.O. Box 1094 West Palm Beach, FL 33402 ~ Dear Alishia: O~ behalf of the Agency and the children and .families we serve I wo(,'ld like to thank the W.P.B. Jaycees for the bench advertising disbursement and their generous holiday bonus. This contribution will assist the Agency in continuing to provide services to the at- risk children in our community. The Jaycees Bench Project has been a determining factor in the Agency experiencing a 48% increase in the number of individuals contacting the Agency, in the last quarter, for infomn,ution aboul: volunteering. We are indeed grateful for the Jaycees including Big Brothers/Big Sisters in their project. Y6ur preference in making disbursements in six month intervals is fine with us. Thank you again for your continued support. Sincerely, Alice P. Francis, ACSW, LCSW Executive Director