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05-16-2017 Regular Meeting AgendaTuesday, May 16, 2017 City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Delray Beach City Hall City Commission Mayor Cary Glickstein Vice Mayor Jim Chard Deputy Vice Mayor Shirley Ervin Johnson Commissioner Shelly Petrolia Commissioner Mitchell Katz Regular Commission Meeting Regular Meeting at 6:00 PM Public Hearings 7:00 p.m. Commission Chambers RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A.Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B.Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C.All persons desiring to do a presentation on agenda or non-agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign -in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES 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. May 16, 2017City Commission Regular Commission Meeting 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: PRESENTATION TO FIRE DEPARTMENT4.A. Sponsors:City Clerk Department 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 5.A. City Manager's response to prior public comments and inquiries 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval APPROVAL OF MINUTES6.A. Motion to Approve various sets of minutes. Recommendation: Sponsors:City Clerk Department 01-10-2017 Regular Meeting MinutesAttachments: 2017 LOCAL INITIATIVE (LI) AND TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT SUBMITTALS TO THE PALM BEACH COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) 6.B. Motion to Approve four (4) supporting resolutions for the grant applications submitted by the City of Delray Beach for the 2017 Local Initiative and Transportation Alternative Programs funded through the Palm Beach County Metropolitan Planning Organization. Recommendation: Sponsors:Environmental Services Department Resolution No. 34-17 Resolution No. 35-17 Resolution No. 36-17 Resolution No. 37-17 Resolution No. 38-17 Attachments: APPROVAL OF AMENDMENT NO. 1 TO THE GAS, CARBON DIOXIDE, (FOOD GRADE) PURCHASE AND DELIVERY TERM CONTRACT WITH AIRGAS USA, LLC 6.C. Motion to Approve Amendment No. 1 to the Gas, Carbon Dioxide, (Food Grade) Purchase and Delivery Term Contract with Airgas USA, LLC in Recommendation: Page 3 City of Delray Beach Printed on 5/8/2017 May 16, 2017City Commission Regular Commission Meeting an amount not-to-exceed $135,000 for the purchase and delivery of carbon dioxide and oxygen. Sponsors:Fire Rescue Department and Environmental Services Department 2014-22 Executed Agreement 2014-22 Assignment and Assumption Agreement 2014-22 Amend 1 SUPPLIER EXECUTED Attachments: ACCEPTANCE OF WATER MAIN EASEMENT DEED GRANTED BY WALMART STORES EAST, LP. 6.D. Motion to Accept a Water Main Easement granted by Walmart Stores East, LP for the Walmart Liquor Box Store Expansion project at 16205 S. Military Trail. Recommendation: Sponsors:Environmental Services Department 16205 S Military Tr Location Map Water Main Easement Deed Attachments: CHANGE ORDER NO. 2 TO THE PURCHASE AWARD WITH OVIVO USA, LLC. IN THE AMOUNT OF $50,420 FOR ADDITIONAL WORK IN THE REPAIR OF THE WESTERN VACUUM FILTER UNIT AT THE WATER TREATMENT PLANT 6.E. Motion to Approve Change Order No. 2 to Purchase Award to Ovivo USA, LLC. in the amount of $50,420 for additional work required in the repair of the western vacuum filter unit at the Water Treatment Plant. Recommendation: Sponsors:Environmental Services Department Sole Source Letter 20170324 Proposal C Additional work 2 20170409 Purchase Agreement Change Order Attachments: SERVICE AUTHORIZATION NO.12-17 WITH WANTMAN GROUP, INC. IN THE AMOUNT OF $163,748.35 FOR ENGINEERING SERVICES RELATED TO THE DESIGN FOR RECONSTRUCTION OF BARWICK ROAD FROM THE SOUTHERLY RIGHT-OF-WAY LINE OF LAKE IDA ROAD TO THE NORTHERLY RIGHT-OF-WAY LINE OF ATLANTIC AVENUE 6.F. Motion to Approve Service Authorization No.12-17 with Wantman Group, Inc. in the amount not to exceed of $163,748.35 for the preparation of design documents for roadway reconstruction of Barwick Road from the southerly right-of-way line of Lake Ida Road to the northerly right-of-way line of Atlantic Avenue. Recommendation: Sponsors:Environmental Services Department Barwick Road Reconstruction Service AuthorizationAttachments: APPROVAL OF CHANGE ORDER NO. 2 IN THE AMOUNT OF $85,008 WITH MBR CONSTRUCTION INC FOR THE BEACH MASTER PLAN PROJECT 6.G. Motion to Approve Change Order No. 2 in the amount of $85,008 with MBR Construction, Inc. for the Beach Master Plan (Project No. 15-008). Recommendation: Page 4 City of Delray Beach Printed on 5/8/2017 May 16, 2017City Commission Regular Commission Meeting Sponsors:Environmental Services Department Change Order No. 2 MBR Construction Agreement Attachments: ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR HESSLER PAINT LOCATED AT 4591 WEST ATLANTIC AVENUE 6.H. Motion to Approve and accept a Hold Harmless Agreement for Hessler Paint, 4591 West Atlantic Avenue. Recommendation: Sponsors:Planning and Zoning Board Hold Harmless Agreement FDOT Utility Permit Hessler Paint SPRAB Staff Report Attachments: SERVICE AUTHORIZATION NO. 12-20 WITH WANTMAN GROUP INC. IN A NOT TO EXCEED AMOUNT OF $5,341 FOR THE SURVEYING, ENGINEERING DESIGN, AND PERMITTING SERVICES ASSOCIATED WITH THE CASON COTTAGE FRONT LAWN BRICK PAVER INSTALLATION 6.I. Motion to Approve Service Authorization No. 12-20 with Wantman Group Inc. in an amount not to exceed of $5,341 for surveying, engineering design, and permitting services associated with the Cason Cottage front lawn brick paver installation. Recommendation: Sponsors:Environmental Services Department Wantman Group Service Authorization No. 16-04 Engineering Agreement, Wantman Amendment No. 4 - Wantman Group Inc. Attachments: RAILROAD CROSSING LIABILITY RENEWAL POLICY6.J. Requesting prior approval of FY17 spending limit greater than $25,000 with Employers Mutual Inc. d/b/a Ascension Benefits and Insurance Solutions and motion to approve renewal of Railroad Crossing Liability and Railroad Crossing Excess Liability policies in a not to exceed amount of $28,000. Recommendation: Sponsors:Finance Department Premium Summary Market Summary Agreement 2006 Attachments: PRIOR APPROVAL OF FISCAL YEAR 2017 SPENDING GREATER THAN $25,000. WITH ADAPT PHARMA INC. 6.K. Motion to Approve multiple acquisitions of medicine and medical supplies from Adapt Pharma Inc. in a total not -to-exceed amount of $84,000.00 for Fiscal Year 2017. Recommendation: Sponsors:Fire Rescue Department Page 5 City of Delray Beach Printed on 5/8/2017 May 16, 2017City Commission Regular Commission Meeting RETROACTIVE APPROVAL OF A SPENDING INCREASE WITH INTERLINE BRANDS, INC. DBA SUPPLYWORKS 6.L. Motion to retroactively approve an increase in spend with Interline Brands, Inc. DBA Supplyworks for janitorial supplies in a total not-to-exceed amount of $70,000 for Fiscal Year 2017. Recommendation: Sponsors:Purchasing Department 2016-014 Janitorial Supplies 2016-014 Attachment A Attachments: FACILITY USE AGREEMENT FOR POLICE OFFICER TRAINING BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE USE OF FORMER PLUMOSA ELEMENTARY SCHOOL. 6.M. Motion to Approve an Agreement for Police Officer training between the City of Delray Beach and the School Board of Palm Beach County (“Board”) to allow the use of former Plumosa Elementary school as a training facility. Recommendation: Sponsors:Police Department DBPD-Former Plumosa EL Training with Exhibits..finalAttachments: SETTLEMENT IN THE CASE OF GUY BUZZELLI V. CITY OF DELRAY BEACH6.N. Motion to settle the case of Guy Buzzelli v. City of Delray Beach for the reasons discussed in the confidential memorandum previously distributed to the City Commission. Recommendation: Sponsors:City Attorney Department SCHOOL READINESS PROGRAM FOR THE AFTERSCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE COMMUNITY CENTER WITH THE EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. 6.O. Motion to Approve the renewal of the agreements between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach. Recommendation: Sponsors:Parks & Recreation Department School Readiness -Pompey Park School Readiness -Community Center Attachments: CHILDREN'S SERVICES COUNCIL (CSC) SCHOLARSHIP PROGRAM FOR THE AFTERSCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE COMMUNITY CENTER WITH THE EARLY LEARNING COALITION OR PALM BEACH COUNTY, INC. 6.P. Motion to Approve renewal of the agreements between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach. Recommendation: Sponsors:Parks & Recreation Department Page 6 City of Delray Beach Printed on 5/8/2017 May 16, 2017City Commission Regular Commission Meeting CSC Scholarship Pompey Park CSC Scholarship Community Center Attachments: REQUEST FOR SUBORDINATION OF SECOND MORTGAGE FOR 218 SE 4th Avenue 6.Q. Motion to Approve a request for the City of Delray Beach ("City") to subordinate its second mortgage position in the amount of $32,241.05 for the property located at 218 SE 4th Avenue. Recommendation: Sponsors:Community Improvement Subordination Policy & Procedures Subordination Agreement Property Appraisal Report Title Insurance Supporting Documents Attachments: 6.R. PROCLAMATIONS: Proclamation - Better Hearing Month - May 20176.R.1. Sponsors:City Clerk Department Better Hearing Month May 2017Attachments: Proclamation - National Safe Boating Week - May 20-26, 20176.R.2. Sponsors:City Clerk Department National Safe Boating Week ProclamationAttachments: Proclamation - Amateur Radio Week - June 19-25, 20176.R.3. Sponsors:City Clerk Department Amateur Radio Week 2017Attachments: REPORT OF APPEALABLE LAND USE ITEMS FROM APRIL 3, 2017 THROUGH APRIL 21, 2017 6.S. By motion, receive and file this report. Recommendation: Sponsors:Planning and Zoning Board Location Map Palm Trail Townhomes Schumacher Automotive Delray 4 East Atlantic Avenue Color Change 4 East Atlantic Avenue Sign Program Attachments: 6.T. AWARD OF BIDS AND CONTRACTS: AWARD OF AN AGREEMENT WITH SIEMENS INDUSTRY, INC. IN THE AMOUNT 6.T.1. Page 7 City of Delray Beach Printed on 5/8/2017 May 16, 2017City Commission Regular Commission Meeting NOT TO EXCEED OF $75,000 UTILIZING THE CITY OF CORAL SPRINGS, FLORIDA CONTRACT Motion to Approve an Agreement with Siemens Industry, Inc. utilizing the City of Coral Springs, Florida, Contract RFP 12C-068, in an amount not-to-exceed $75,000 for HVAC Preventative Maintenance and Repair Services. Recommendation: Sponsors:Environmental Services Department RFP HVAC Agreement Second Amendment Amendment Agreement 4-19-17 Attachments: AWARD OF AN AGREEMENT TO PFM FINANCIAL ADVISORS LLC FOR FINANCIAL ADVISORY SERVICES IN A NOT-TO-EXCEED AMOUNT OF $75,000.00 6.T.2. Motion to Award a three year Agreement to PFM Financial Advisors LLC for financial advisory services in the not to exceed amount of $75,000.00 for services not related to a bond issue for the Agreement term. Recommendation: Sponsors:Finance Department RFP 2017-025 Document Final 2017-025 - RFP RFQ Scoring Summary (R1) Proposal for FA Services Submitted by PFM Agreement-Final (Reviewed CA) Attachments: 7. REGULAR AGENDA: REQUEST FOR A WAIVER TO LDR SECTION 4.6.7(E)(7) TO ALLOW A FLAT WALL SIGN ON THE EAST ELEVATION WHICH DOES NOT FACE A DEDICATED STREET FRONTAGE FOR ROK BRGR LOCATED AT 4 E. ATLANTIC AVENUE. (QUASI-JUDICIAL HEARING) 7.A. Motion to Approve the waiver request to LDR Section 4.6.7(E)(7) for ROK BRGR located at 4 E. Atlantic Avenue, as presented. Recommendation: Sponsors:Planning & Zoning Department Rok BRGR Report ROK BRGR Justification ROK BRGR 03-03-2017 Rok BRGR Board Order Attachments: RESOLUTION NO. 43-17 DECLARING THE CITY COMMISSION TO BE THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH 7.B. Motion to approve Resolution No. 43-17.Recommendation: Sponsors:City Attorney Department and Inglese Page 8 City of Delray Beach Printed on 5/8/2017 May 16, 2017City Commission Regular Commission Meeting Resolution No. 43-17 Authorizing City to be CRAAttachments: 8. PUBLIC HEARINGS: ORDINANCE NO. 07-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES; BY AMENDING SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES”, BY REPEALING PARAGRAPH (D), “COMMUNITY GARDENS” IN ITS ENTIRETY AND ENACTING A NEW SECTION (D) ENTITLED, “URBAN AGRICULTURE”; AMENDING ARTICLE 4.4 TO REMOVE COMMUNITY GARDENS AND TO ALLOW URBAN AGRICULTURE IN CERTAIN ZONING DISTRICTS; AMENDING APPENDIX A “DEFINITIONS” TO PROVIDE FOR RELATED DEFINITIONS AND PROVIDE SPECIFIC DESIGN AND REVIEW CRITERIA, PARKING REQUIREMENTS, AND TO ADD URBAN AGRICULTURE AS AN ALLOWABLE OUTSIDE USE. (SECOND READING). 8.A. Motion to Approve Ordinance No. 07-17 on Second Reading for the amendments to Land Development Regulations as specified in attached Ordinance No. 07-17, as presented. Recommendation: Sponsors:Planning and Zoning Board Ordinance No. 07-17 Urban Agriculture Map Showing Zoning Districts which allows Urban Agriculture Urban Agriculture PZB Staff Report Community Gardens Policy Final DRAFT 12-2016 Comparison of Existing and Proposed Community Garden Program State Pre-emption memo Attachments: RESOLUTION NO. 40-17 ADOPTING A COMMUNITY GARDENS POLICY8.A.1 Motion to Approve Resolution No. 40-17 adopting a Community Gardens Policy to provide guidelines and standards to encourage community gardens. Recommendation: Sponsors:Environmental Services Department Resolution No. 40-17 Community Gardens Policy Community Gardens Policy (Exhibit "A") Attachments: 9. FIRST READINGS: ORDINANCE NO. 17-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY” BY AMENDING SECTION 6.3.3 “SIDEWALK CAFE” TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY; AMENDING SECTION 6.3.3 (A) “PERMIT AND FEES” TO ADD LEASING FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE” TO CREATE TWO ZONES, PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 9.A. Page 9 City of Delray Beach Printed on 5/8/2017 May 16, 2017City Commission Regular Commission Meeting CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING) Motion to Approve Ordinance No. 17-17 on Second Reading, and Final Reading. Recommendation: Sponsors:Planning and Zoning Board Ordinance No. 17-17 Sidewalk Cafe P & Z Staff Report with Ord No. 17-1 Attachments: ORDINANCE NO. 21-179.B. Motion to approve Ordinance No. 21-17.Recommendation: Sponsors:City Attorney Department Ordinance No. 21-17 Amending Chapter 36 Purchasing Policies and Procedures Manual Attachments: 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager 10.B. City Attorney 10.C. City Commission Page 10 City of Delray Beach Printed on 5/8/2017 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-441,Version:1 PRESENTATION TO FIRE DEPARTMENT BY LINDA HOAG City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-436,Version:1 TO: Mayor and Commissioners FROM: Kimberly Wynn, Acting City Clerk THROUGH: Chief Neal de Jesus, Interim City Manager DATE: May 16, 2017 APPROVAL OF MINUTES Recommended Action: Motion to Approve various sets of minutes. Background: January 10, 2017 - Regular Meeting Minutes City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™ Tuesday, January 10, 2017 6:00 PM City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Delray Beach City Hall City Commission Minutes - Draft Regular Meeting at 6:00 PM January 10, 2017City Commission Minutes - Draft 1. ROLL CALL A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at 6:00 p.m., on Tuesday, January 10, 2017 Roll call showed: Present: Commissioner Shelly Petrolia Deputy Vice-Mayor Mitch Katz Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent: None Also present were: Neal deJesus, Interim City Manager Max Lohman, City Attorney Chevelle D. Nubin, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. PRESENTATIONS: 3.A.17-044 PRESENTATION FROM THE SCHOOL DISTRICT OF PALM BEACH COUNTY SOUTH REGIONAL OFFICE REGARDING PINE GROVE ELEMENTARY SCHOOL Sponsors:Community Improvement Mr. Neal deJesus, Interim City Manager, introduced Acting Fire Chief Keith Tomey. Chief Tomey gave brief comments. Mayor Glickstein welcomed Chief Tomey and provided brief comments. Ms. Jamie Wyatt introduced Ms. Shanta King as the new principal of Pine Grove Elementary School. Ms. King gave brief comments. Mayor Glickstein welcomed Ms. King on behalf of the City Commission. 4. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: Mr. de Jesus, Interim City Manager, spoke regarding the First Responders Week Proclamation the city received yesterday via email. Page 1City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft 4.A. City Manager's response to prior public comments and inquiries Mr. de Jesus had no outstanding comments from the last meeting. 4.B. From the Public Public Comments: 1. Mr. Bob Lewandowsky spoke regarding Federal Highway. 2. Ms. Marjorie Walden spoke regarding the Arts Garage and introduced the staff. 3. Mr. Steve Blum spoke regarding the election. 4. Ms. Pauline Moody spoke regarding developers and contractors. She also spoke regarding staff. 5. Ms. Bruce Bastian spoke regarding the Bike Share program item on the Consent Agenda and stated he is representing Human Powered Delray (HPD). 6. Mr. Hugh Garvey spoke regarding Federal Highway. 7. Mr. Kevin Warner stated he is speaking against the requested extension for Delray Place and elections. 8. Mrs. Yvonne Odom thanked those who spoke on her behalf to be appointed to Seat #2. She stated the city has always had a communication piece and spoke regarding politics. She stated she is disappointed in what happened with the seat. 9. Mr. Lewis Andrews spoke regarding traffic on Lake Ida road and Village Academy. 10. Mr. Gabriel Lewis spoke regarding his company and the help that has been provided by Little Caesar's Pizza at his events. 11. Mr. Albert Richwagen spoke regarding the Bike Share Program. 12. Mr. Ari Whiteman stated for the last five years he has observed the City Commission and feels that the vision of the city has been lost. He asked the City Commission to get it together. 13. Mr. Jason Bregman spoke regarding the Bike Share program and Page 2City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft commented regarding Delray Place. 14. Mr. Kevin Homer stated he is on the Code Enforcement Board and discussed the appointment. 15. Mr. Martin Cherry discussed the delay regarding the Delray Place appeal. 16. Ms. Justina Boughton stated she owns the Colony Hotel and discussed Federal Highway and the Bike Share program and where the stations would be located on Atlantic Avenue. 17. Ms. Kelli Freeman spoke regarding Delray Place South and asked that it not be postponed. 18. Ms. Christina Morrison spoke regarding Delray Place and discussed the area that is not being maintained. She also spoke regarding the Bike Sharing program. 19. Mr. James Quillien spoke about a code enforcement issue and commended Mr. Coleman for great work. He stated he would like a review of how code enforcement and community improvement is relayed to the neighborhoods. 20. Mr. Ron Gilinsky spoke regarding the traffic on South Federal Highway and speeding on North Federal Highway and stated there is no enforcement there. 21. Mr. Gerry Franciosa spoke regarding the Delray Place extension. 22. Mr. Douglas Hawk spoke regarding the Beacon Plat. 23. Mr. Odie Botson (sp) stated he echoes what Mr. Hawk just spoke about regarding Beacon Plat and stated having a through road would be very disruptive. 24. Ms. Linda Amstead (sp) spoke regarding the Beacon Plat. 25. Mr. Phil Colnon stated he is in favor of the approval of the Beacon Plat but stated his concern is the direction that was given by the Planning and Zoning Board regarding traffic calming and stated this was not added to the plat design. He discussed the road. 26. Ms. Amy ? spoke regarding the Beacon Plat, the tree and stated she does not want a through street. Page 3City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft There being no further request, Mayor Glickstein closed public comments. 5. AGENDA APPROVAL. Mr. de Jesus stated staff requests that Items 7.A.1. and 7.A.6. be pulled from the agenda and Items 6.A. moved to 7.A.A., Item 6.C. moved to Item 7.B.B. and Item 6.J. moved to Item 7.C.C. In addition, Mayor Glickstein requested that Item 10.A.1. be moved to the beginning of the Regular Agenda. approved as amended Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 6. CONSENT AGENDA: City Manager Recommends Approval approved as amended Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 6.A.17-038 CERTIFICATION OF THE FINAL PLAT FOR BEACON PLAT Recommendation:Motion to Certify the Final Plat for the Beacon Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations Section 2.4.5(J)(Major Subdivisions), Section 3.2.3 (Standards for Plat Actions) and Section 3.1.1 (Required Findings). Sponsors:Planning & Zoning Department Beacon Plat - Complete Staff Report with Attachments - 12-19-16Attachments: Mr. Stillings presented this item. Vice Mayor Jarjura stated concerns have been raised about this and commented regarding the parameters of the plat approval that the City Commission has to operate under. She asked Mr. Lohman to discuss purview. Mr. Lohman explained plat approvals. Vice Mayor Jarjura spoke regarding the plat approval, the tree and the suggestions/configurations sent in by Mr. Jefferson. Commissioner Petrolia spoke regarding the plat change to five lots from four lots. Page 4City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft Mr. Stillings discussed the current and proposed layouts and a conversation he had with Mr. Marc Julien. Mayor Glickstein asked where exactly is the tree. Michael Weiner, on behalf of Michael J. Sebastian, Jr., spoke regarding the plat. Mayor Glickstein asked what is the mechanism beyond the plat process that will resolve this-will the tree remain forever. He also commented regarding ingress and egress. Vice Mayor Jarjura spoke regarding neighborhood streets. Commissioner Katz asked the City Attorney to explain the plat approval. approved Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 6.B.17-043 APPROVAL OF HISTORIC DEPOT SQUARE CERTIFICATION OF FINAL PLAT Recommendation:Motion to Certify the Final Plat for Historic Depot Square Replat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations). Sponsors:Planning & Zoning Department Depot Square Apartments location map Depot Square Apartments Aerial Historic Depot Square Replat - Plat revised 11-17-16 Historic Depot Square Replat - Survey revised 11-17-16 Planning and Zoning Board Certification of Final Plat Report Attachments: 6.C.17-004 APPROVAL OF RANKING AND AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR A BICYCLE SHARING PROGRAM Recommendation:Motion to Approve the ranking of responses and authorize staff to enter into negotiations for an Agreement for a Bicycle Sharing Program. Sponsors:Purchasing Department 2017-003 Bike Sharing Program (Complete) 2017-003 Scoring Summary-FINAL Attachments: Page 5City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft Theresa Webb, Purchasing Director, presented this item and stated purchasing recommends approval. Vice Mayor Jarjura explained why she pulled this item and stated she had alot of the same concerns that the community and business owners raised. She stated when she pulled the proposal it answered alot of her questions. Javier ?, Environmental Services Department, spoke regarding the item. Vice Mayor Jarjura encouraged staff to work with Human Powered Delray regarding this program. Javier discussed his previous experience with the development of a bike share program. Deputy Vice Mayor Katz asked about helmets. Commissioner Petrolia spoke regarding bike to auto incidents and stated she feels the city is moving on this too soon and commented regarding the stations. Mr. John Morgan, Environmental Services Director, discussed the program and the priorities that were previously set by the City Commission. Mayor Glickstein stated he is skeptical and referenced other programs. He stated he likes the idea of starting small. He stated he appreciates the work. approved Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 6.D.17-007 AMENDMENT TO EXTEND THE AGREEMENT WITH BJCE, INC. FOR MUNICIPAL GOLF CLUB AND LAKEVIEW GOLF CLUB MANAGEMENT Recommendation:Motion to Approve an amendment to extend the Agreement with BJCE, Inc. for Municipal Golf Club and Lakeview Golf Club Management Agreement for thirty days through January 31, 2017. Sponsors:Purchasing Department Amendments GolfAttachments: 6.E.17-009 AMENDMENT TO EXTEND THE AGREEMENT WITH DUBIN & ASSOCIATES, INC. FOR DELRAY BEACH MUNICIPAL TENNIS CENTER AND DELRAY SWIM AND TENNIS CLUB MANAGEMENT Page 6City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft Recommendation:Motion to Approve an amendment to extend the Agreement with Dubin & Associates, Inc. for Delray Beach Municipal Tennis Center and Delray Swim and Tennis Club Management Agreement for sixty days through February 28, 2017. Sponsors:Purchasing Department DUBIN & ASSOCIATESAttachments: 6.F.17-010 AMENDMENT TO EXTEND THE AGREEMENT WITH JCD SPORTS GROUP, INC. FOR CONSULTING SERVICES FOR THE CITY OF DELRAY BEACH TENNIS CENTER Recommendation:Motion to Approve an amendment to extend the Agreement with JCD Sports Group, Inc. for sixty days through February 28, 2017 for Consulting Services to develop strategies to attract special events, for event management, and to assist in the development of additional revenue sources for the City of Delray Beach Tennis Center Agreement. Sponsors:Purchasing Department JCD SPORTS GROUPAttachments: 6.G.17-065 APPROVAL OF THE FIRST ADDENDUM TO THE EMPLOYMENT AGREEMENT WITH NEAL DEJESUS Recommendation:Motion to Approve the First Addendum to the employment agreement with Neal DeJesus for the position of Interim City Manager of the City of Delray Beach. First Addendum to Employment Agreement Dated 11222016 (Interim CM) Attachments: 6.H.17-019 RATIFICATION OF AN EMERGENCY PURCHASE TO SOUTHERN SEWER EQUIPMENT SALES FOR THE REPLACEMENT OF THE DEBRIS TANK ON VACCON SEWER VAC TRUCK #6185 Recommendation:Motion to Ratify an emergency purchase to Southern Sewer Equipment Sales in the amount of $32,126.65 for the replacement of the debris tank on VacCon sewer truck #6185, assigned to the ESD Storm Water Maintenance Department. Sponsors:Purchasing Department Acquisition Approval to Southern Sewer Equipment Sales - replace debris tank on VacCon sewer vac trcuk #6185 Attachments: 6.I.17-023 REJECT ALL BIDS FOR ITB 2017-017 SAFETY SUPPLIES Recommendation:Motion to Reject all bids received in response to ITB 2017-017 for safety supplies for the City Central Warehouse inventory. Sponsors:Purchasing Department Page 7City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft 2017-017 Tab Sheet 2017-017 ITB 2017-017 Addendum No. 1 2017-017 Addendum No. 2 Attachments: 6.J.17-026 AMENDMENT NO. 1 TO SERVICE AUTHORIZATION 12-07 TO KIMLEY- HORN AND ASSOCIATES, INC. FOR THE EAST ATLANTIC AVENUE MEDIAN AND CROSSWALKS PROJECT. Recommendation:Motion to approve Amendment No. 1 to Service Authorization No. 12-07 with Kimley-Horn and Associates, Inc. in the amount not-to-exceed $15,643 for additional professional engineering services related to the East Atlantic Avenue Median and Crosswalks Project (Project No. 14-008). Sponsors:Environmental Services Department 12-07.1 KHA KHA SA 12-07 Location_Map_Venetian Gleason Attachments: Mr. Morgan presented this item. Commissioner Petrolia discussed sidewalks and permeable surfaces. Vice Mayor Jarjura commented regarding infrastructure plan. approved Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 6.K.17-027 APPROVAL OF AN AGREEMENT WITH OFFICE DEPOT, INC. UTILIZING THE STATE OF FLORIDA CONTRACT NO. 618-000-11-1 Recommendation:Motion to Approve an Agreement with Office Depot, Inc. for office supplies through April 17, 2017 in an amount not-to-exceed $75,000 utilizing the State of Florida Term Contract No. 618-000-11-1. Sponsors:Purchasing Department Contract 618-000-11-1 Best Price Certification Attachments: 6.L 17-041 PURCHASE AGREEMENT TO HD SUPPLY WATERWORKS, LTD. FOR PIPE, VALVES, AND FITTINGS Recommendation:Motion to award an annual purchase agreement to HD Supply Waterworks, LTD. in a not-to-exceed amount of $65,000 for Pipe, Valves, and Fittings. Sponsors:Purchasing Department Page 8City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft 2017-023 Bid Tabulation 2017-023 Price Comparison 2017-023 Complete ITB 2017-023 Addendum No. 1 2017-023 Addendum No. 2 2017-023 Addendum No. 3 Attachments: 6.M.17-016 PALM BEACH COUNTY INFORMATION SYSTEMS SERVICES NON-AD VALOREM ASSESSMENT SUPPORT SERVICES INTERLOCAL AGREEMENT Recommendation:Motion to Approve an interlocal agreement with Palm Beach County to utilize the County's Information Systems Services Department to calculate the annual non-ad valorem tax role for the City of Delray Beach Stormwater Utility. Sponsors:Environmental Services Department Interlocal Agreement for Assignment of Property Data and Development of Annual Assessments for Palm Beach County Non-Ad Valorem Districts (February 9, 2016) EXHIBIT 1 Non-Ad Valorem Assessment Support Services Attachments: 6.N.17-067 RESOLUTION NO. 02-17 Recommendation:Motion to Approve Resolution No. 02-17 regarding the March 14, 2017 First Non-Partisan Election. Res 02-17 Calling for Election 03142017Attachments: 6.O. PROCLAMATIONS: 6.O.1.17-072 Martin Luther King, Jr. Day - Proclamation Sponsors:City Clerk Department MARTIN LUTHER KING JR. DAY 2017Attachments: Mayor Glickstein read the proclamation into record. 6.O.2 17-066 CALLING FOR THE FIRST NON-PARTISAN ELECTION TO BE HELD ON MARCH 14, 2017 Recommendation:Proclamation calling for the Delray Beach First Non Partisan Election to be held on March 14, 2017. ELECTION PROCLAMATIONAttachments: 6.P.17-037 REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 26, 2016 THROUGH DECEMBER 9, 2016 Page 9City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft Recommendation: Motion to receive and file this report. Sponsors:Planning and Zoning Board Location Map .pdf Wheels From the Heart 12212016 D&B Tile 12212016 SilverBall Museum 12212016 Seaglass Cottages - Appealable Report Seaglass Cottages CLV - SPRAB Report - 11-30-16.pdf 231 NE 1st Avenue Appealable Report.pdf 218 NE 5th Court Demolition Appealable Report.pdf Attachments: 6.Q. AWARD OF BIDS AND CONTRACTS: 6.Q.1. None 7. REGULAR AGENDA: 7.A.17-073 ROUTINE BUSINESS: (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration) Approved Items 7A2 and 7A5 Items 7A3 and 7A4 were pulled for questions. approved as amended Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 7.A.1.17-001 AWARD OF AGREEMENT TO CDM SMITH, INC. IN AN ANNUAL AMOUNT NOT-TO-EXCEED $250,000 FOR CITY-WIDE PROJECT MANAGEMENT SERVICES Recommendation:Motion to Award a one year Agreement to CDM Smith, Inc. in an annual not-to-exceed amount of $250,000.for City-wide Project Management Services. Sponsors:Purchasing Department 2016-111C - Agreement no expense reimb Project List Attachments: 7.A.2.17-020 PURCHASE AWARD TO HUB CITY FORD-MERCURY, INC. FOR THE PURCHASE OF THREE FORD F-150 4X2 PICKUP TRUCKS AND ONE (1) FORD F-250 PICKUP TRUCK Page 10City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft Recommendation:Motion to Approve a purchase award to Hub City Ford -Mercury, Inc. for three Ford F-150 4x2 pickup trucks (Specification #49) and one Ford F-250 pickup truck (Specification #55) for the Water and Sewer Department in the amount of $98,915.30 utilizing the Florida Sheriff's Association Contract #FSA16-VEL24.0. Sponsors:Purchasing Department FSA16-VEL24.0_Bid_Document_9-30-162 FSA Contract Spec. 49 Ford F-150 4x2 Hub City Quote F-250 Hub City Quote F-150 FSA Contract Spec. 55 Ford F-250 4x2 FSA 2017 Vehicle Bid Award System - Light Bid Award Summary Attachments: 7.A.3.17-021 AWARD OF AN AGREEMENT TO FOSTER MARINE CONTRACTORS, INC. FOR THE CONSTRUCTION OF THE SE 2ND STREET AND SE 2ND AVENUE STREETSCAPE IMPROVEMENTS PROJECT. Recommendation:Motion to Approve the award of an agreement to Foster Marine Contractors, Inc. in the amount of $1,664,396 for the SE 2nd Street and SE 2nd Avenue Streetscape Improvements (Project No.2013-020). Sponsors:Purchasing Department 2017-011 ITBC - SE 2nd Street Improvements Complete Foster Marine Contractors, Inc. ITBC 2017-011 Detailed Tabulation Sheet - SE 2nd Street Improvements Location Map Award to Foster Marine Memo Recomendation 2017-011, Agreement with Foster Marine Contractors, Inc Attachments: Commissioner Petrolia asked questions regarding the pavers. Mr. Morgan explained the project. approved Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 7.A.4.17-022 AWARD OF AN AGREEMENT TO LINE-TEC, INC. IN THE AMOUNT NOT TO EXCEED $191,000 UTILIZING THE CITY OF BOYNTON BEACH CONTRACT Recommendation:Motion to Approve an Agreement with Line -Tech, Inc. utilizing the City of Boynton Beach Contract Bid No. 050-2821-13/JMA in an amount not-to-exceed $191,000 for connecting utility customers to the recently completed area 12B reclaimed water system (Project No. 17-018). Sponsors:Purchasing Department Page 11City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft Line-Tec_Boynton_Bid_2013_2017 Best Price Guarantee 20161202 Quote Agreement, Line-Tech-signed Attachments: Commissioner Petrolia commented regarding the costs. Mr. Morgan explained water quality for irrigation uses and costs. approved Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 7.A.5.17-028 AGREEMENT WITH HINTERLAND GROUP, INC. FOR SANITARY SEWER AND STORMWATER REHABILITATION AND INFRASTRUCTURE REPAIRS (PROJECT NO. 2017-052) UTILIZING THE CITY OF WEST PALM BEACH CONTRACT NO. 16-293 Recommendation:Motion to Approve an Agreement through September 21, 2018 with Hinterland Group, Inc. in a not-to-exceed annual amount of $275,000, utilizing the City of West Palm Beach Contract No. 16293 for Sanitary Sewer and Stormwater Rehabilitation and Infrastructure Repair. Sponsors:Purchasing Department WPB_Hinterland Sanitary Sewer Signed Contract Best Price Letter_Hinterland Excecuted by Hinterland Attachments: 7.A.6.17-030 AWARD OF AN AGREEMENT TO WEST ARCHITECTURE + DESIGN, LLC FOR ARCHITECTURAL CONSULTING SERVICES FOR DELRAY BEACH RAILWAY STATION IN A NOT-TO-EXCEED AMOUNT OF $148,690 Recommendation:Motion to Award an Agreement to West Architecture + Design, LLC for Architectural Consulting Services for Delray Beach Railway Station in a not-to-exceed amount of $148,690. Sponsors:Purchasing Department 2016-081C - ADDENDUM 1 2016-081C - Consulting Services Delray Beach Railroad Station Addendum 2 with Plans Agreement for Train Depot Consulting Services (r1) Attachments: 7.B.17-015 APPROVAL TO EXECUTE A GRANT AGREEMENT WITH THE COUNCIL FOR EDUCATION CHANGE BENEFITING CARVER MIDDLE Page 12City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft SCHOOL Recommendation:Motion to Approve the Mayor's execution of a new grant agreement between the City of Delray Beach and the Council for Educational Change for the Partnership to Advance School Success (PASS) Agreement, and acknowledge the matching grant dollars will need to be encumbered in FY 2018 as outlined in the agreement. Sponsors:Community Improvement PASS Grant Agreement PASS Grant Application Attachments: Ms. Janet Meeks, presented this item. Kiwana Alexander-Prophete, Principal of Carver Middle School, discussed the PASS and AVID programs at her school. She discussed the development of a feeder program into Atlantic Community High School and an upcoming project with Shanta King, Principal of Pine Grove Elementary school. She discussed the school's grade. She asked the City Commission to consider the reallocation of funding. Commissioner Petrolia stated she wanted to understand why the school went from a letter C to a letter D. Vice Mayor Jarjura stated she supports this and provided comments. Deputy Vice Mayor Katz asked about the match. Mayor Glickstein elaborated on the program. Dr. Elaine Liften (sp) spoke regarding the Annenberg Challenge (sp) and introduced Dr. Geneva Woodard. approved Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 7.C.17-036 THIRD AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION / PROFESSIONAL SERVICES FOR CAPITAL PROJECTS - FY 2015-2016. Recommendation:Motion to Approve the Third Amendment to the Interlocal Agreement (ILA) between the City and the Community Redevelopment Agency (CRA) to provide for changes in the amount to 2015-2016 projects listed in Exhibit Page 13City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft 'A' to the Original Agreement. Sponsors:Environmental Services Department Original Amendment Interlocal Agreement Between City of Delray Beach and CRA for Funding Construction-Professional Services First Amendment Interlocal Agreement Between City of Delray Beach and CRA for Funding Construction-Professional Services Second Amendment Interlocal Agreement Between City of Delray Beach and CRA for Funding Construction-Professional Services Third Amendment Interlocal Agreement Between City of Delray Beach and CRA for Funding Construction-Professional Services Attachments: Mr. Morgan presented this item. approved Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 7.D.17-040 RESOLUTION NO. 01-17: LOCAL AGENCY PROGRAM AGREEMENT (LAP) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE NE 2ND AVENUE / SEACREST BEAUTIFICATION PHASE 1 PROJECT. Recommendation:Motion to Adopt Resolution No. 01-17; and consider approval to execute the Local Agency Program Agreement with the Florida Department of Transportation for the funding of the NE 2nd Avenue Beautification Phase 1 (Project No. 14-071). Sponsors:Environmental Services Department 1 LAP Agreement 2 Exhibit A 3 Exhibit B 4 Exhibit C 4 Exhibit C.1 5 Exhibit E 6 Exhibit F 8 Exhibit 1 9 Federal Aid Funding request1 Resolution 01-17 Local Agency Agreement - FDOT Attachments: Mr. Morgan presented this item. approved Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 7.E.17-003 NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY BOARD Recommendation:Motion to Approve a nomination for appointment for one (1) regular member to serve on the Police Advisory Board for an unexpired term ending July 31, 2018. Page 14City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft Sponsors:City Clerk Department Police Advisory Board Member List Police Advisory Board Attendance List Attachments: Nominated Anthony Rivera and approved, 4-0. approved Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 7.F.17-005 NOMINATIONS FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD Recommendation:Motion to Approve nominations for appointment for one (1) regular member to serve on the Code Enforcement Board for a three (3) year term ending January 14, 2020 and for one (1) regular member to serve an unexpired term ending January 14, 2018. Sponsors:City Clerk Department Exhibit A Code Enforcement Board Member List Code Enforcement Board Attendance List Attachments: Deputy Vice Mayor Katz nominated Ross Freeman and it was approved, 4-0. Vice Mayor Jarjura nominated Ron Gilinsky. The motion was ultimately withdrawn. Vice Mayor Jarjura nominated Lea DeRigne and it was approved, 4-0. 7.G.17-006 NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD Recommendation:Motion to Approve a nomination for appointment of one (1) regular member to serve on the Planning and Zoning Baord for an unexpired term ending August 31, 2017. Sponsors:City Clerk Department Exhibit A Planning & Zoning Board Member List Planning and Zoning Board Attendance List Attachments: This appointment was deferred. The City Commission asked that this appointment be advertised in the paper with the ten day application rule waived and set to come back before the City Commission at the February 7, 2017 Regular Meeting. Page 15City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft 7.H.17-071 RATIFICATION OF APPOINTMENT TO THE BOARD OF TRUSTEES FOR THE FIREFIGHTERS' RETIREMENT SYSTEM Recommendation:Motion to Ratify the appointed member to the Board of Trustees for the Firefighters' Retirement System. Sponsors:City Clerk Department approved Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 8. PUBLIC HEARINGS: 8.A.17-013 ORDINANCE NO. 36-16: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING; ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.9 “GENERAL COMMERCIAL (GC) DISTRICT”, SECTION 4.4.11 NEIGHBORHOOD COMMERCIAL (NC) DISTRICT”, SECTION 4.4.12 “PLANNED COMMERCIAL (PC) DISTRICT”, SECTION 4.4.13 “CENTRAL BUSINESS DISTRICT (CBD)” ,SECTION 4.4.15 “PLANNED OFFICE CENTER (POC) DISTRICT”, SECTION 4.4.16 “PROFESSIONAL AND OFFICE (POD) DISTRICT”, SECTION 4.4.17 “RESIDENTIAL OFFICE (RO) DISTRICT”, SECTION 4.4.18 “PLANNED COMMERCE CENTER (PCC) DISTRICT”, SECTION 4.4.19 “MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT”, SECTION 4.4.26 “LIGHT INDUSTRIAL (LI) DISTRICT”, AND SECTION 4.4.29 “MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT” TO ALLOW NEV TRANSACTIONS LIMITED TO OFFICES ONLY WITH NO INVENTORY ON SITE FOR ANY PURPOSE; AMENDING SECTION 4.4.10 “AUTOMOTIVE COMMERCIAL (AC) DISTRICT” TO INCLUDE NEV WITH RECREATIONAL VEHICLES; AMENDING APPENDIX “A” “DEFINITIONS” TO DEFINE THE TERMS “NEIGHBORHOOD ELECTRIC VEHICLE (NEV)” AND “NEV TRANSACTIONS” MAKING OTHER TECHNICAL CHANGES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (SECOND READING) Recommendation:Motion to Approve Ordinance No. 36-16 regarding the inclusion of Neighborhood Electric Vehicle (sales, lease or rental) offices in commercial zoning districts currently permitted offices. Sponsors:Planning & Zoning Department Ordinance No. 36-16 Plan Zoning Board Staff Report November 21, 2016 Attachments: Commissioner Petrolia declared a conflict of interest and left the dais. Mr. Max Lohman, City Attorney, read the caption of the ordinance. Page 16City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft Mr. Tim Stillings, Planning, Zoning and Building Director, presented the item. Public Comment: Ms. Christina Morrison spoke regarding this item. Mayor Glickstein asked if staff has looked into the concerns as expressed by Ms. Morrison. Mr. Stillings stated staff looked at it as office uses. Vice Mayor Jarjura stated no one is allowed to house vehicles at the site. approved Yes:Mayor Glickstein, Jarjura, and Commissioner Katz3 - Abstain:Petrolia1 - 9. FIRST READINGS: 9.A.17-051 ORDINANCE NO. 01-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 91, “ANIMALS”, BY REPEALING SECTION 91.18, “RETAIL SALE OF DOGS AND CATS” AND READOPTING SAME, AS REVISED IN ORDER TO REQUIRE PERMITS FOR ADOPTION EVENTS, PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 91. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Recommendation:Motion to Adopt Ordinance No. 01-17, amending section 91.18 in order to limit the number of adoption events that may be hosted by a pet store. Such events shall now require a permit prior to hosting an adoption event. If passed, a public hearing will be held on January 24, 2017. Sponsors:City Attorney Department Ord 01-17 amending Retail Sale of Dogs and CatsAttachments: City Attorney Lohman read the caption of the ordinance and presented this item. City Attorney Lohman will reach out to have concerns addressed. approved on first reading Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - Page 17City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft 9.B.17-042 ORDINANCE NO. 02-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX “A”, “DEFINITIONS”, TO PROVIDE UPDATED DEFINITIONS FOR “MEDICAL OFFICE”, “NON-RESIDENTIAL LICENSED SERVICE PROVIDER”, “RESIDENTIAL LICENSED SERVICE PROVIDER”, AND DELETING THE OBSOLETE DEFINITION OF “SUBSTANCE ABUSE”; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (FIRST READING) Recommendation:Motion to Approve Ordinance No. 02-17 on First Reading, as presented. If passed, a public hearing will be held on January 24, 2017. Sponsors:Planning & Zoning Department Ordinance No. 02-17 PZB staff report Dec 19 2016 - Definitions Update Attachments: City Attorney Lohman read the caption of the ordinance. Mr. Tim Stillings presented this item. Ms. Terrill Pyburn was present for questions. approved on first reading Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 9.C.17-034 ORDINANCE NO. 03-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 2.4.7(G), “REQUESTS FOR ACCOMMODATION”; SUBSECTIONS (1), “PURPOSE”, (5), “NOTICE OF PROPOSED DECISION”, (6), “APPPEAL”, AND (8), “REQUEST FORM FOR REASONABLE ACCOMMODATION”, TO UPDATE AND CLARIFY SAME; ENACTING A NEW SUBSECTION 2.4.7(G)(10), “RECERTIFICATION” TO PROVIDE FOR ANNUAL RECERTIFICATION OF REASONABLE ACCOMMODATIONS; ENACTING A NEW SUBSECTION 2.4.7(G)(11), “SEVERABILITY” TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.(FIRST READING) Recommendation:Motion to Approve Ordinance No. 03-17 on First Reading, as presented. If passed, a public hearing will be held on January 24, 2017. Sponsors:Planning & Zoning Department Page 18City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft Ord 03-17 Reasonable Accommodation Request Process 12.20.16 Reasonable Accommodation Request Form-revised with owners consent 12.20.16 RAR Plan Zoning Brd staff report Dec 2016 Final 12-9 Attachments: City Attorney Lohman read the caption of the ordinance. Ms. Tim Stillings presented this item. Mayor Glickstein stated it was nice to see Terrill Pyburn back and asked her to speak regarding the progress that has been made in this area. Ms. Pyburn spoke regarding the ordinance and Mr. Lohman spoke regarding the timeframe. He stated that there will be a brief special meeting after the workshop meeting next week. Mayor Glickstein stated the city is going about this methodically and carefully and referenced the joint statement. Deputy Vice Mayor Katz thanked Coconut Creek for allowing Ms. Pyburn to work on this for us. Ms. Pyburn thanked the City Commission for asking her to work on this with the city. Mr. Lohman stated this was wise move of the City Commission to retain her services on this. approved on first reading Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager Mr. deJesus stated he has heard the comments regarding the Bike Sharing program loud and clear and will work with Mr. Lohman regarding this. 10.A.1.17-078 Postponement of Delray Place South Appeal Sponsors:City Manager Department Applicant letter for postponementAttachments: Commissioner Petrolia returned to the dais. Mr. deJesus stated this letter was received prior to his becoming Interim City Manager and he added it to the agenda so that it could be provided to the City Commission. Page 19City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft Mr. Lohman provided comments regarding the letter. He stated it is at the City Commission's pleasure as to whether they grant an extension or not. Mayor Glickstein asked the City Attorney to explain his comments regarding the extension. Commissioner Petrolia asked that Mr. Lohman speak to the de novo review. Commissioner Katz spoke regarding a previous extension that was granted. Discussion ensued by the City Commission regarding the extension. It was the decision of the City Commission to deny the extension. denied Yes:Mayor Glickstein, Jarjura, Commissioner Katz, and Petrolia4 - 10.B. City Attorney Mr. Lohman responded regarding the inspector general lawsuit. He stated the lawsuit was won and discussed the appeal timeline. Commissioner Petrolia asked what will that mean to the Inspector General's office. Discussion ensued regarding the Inspector General's Office. 10.C. City Commission Deputy Vice Mayor Katz discussed the emails received regarding Lake Ida and asked that staff analyze if and where a traffic light will benefit the area. He discussed his coffee with the Commissioner will be held at Saltwater Brewery tomorrow night. Vice Mayor Jarjura asked if the March 7, 2017 meeting date can be changed to March 1, 2017. This date was approved by the City Commission. Vice Mayor Jarjura asked about tree preservation and Mr. Stillings provided an update. She also asked about the executive golf course and repurposing of that golf course into to a multi use park. Deputy Vice Mayor Katz asked about more data regarding the usage of both golf courses. It was the consensus of the City Commission to obtain more data regarding the golf courses. Page 20City of Delray Beach Printed on 4/27/2017 January 10, 2017City Commission Minutes - Draft Commissioner Petrolia wished everyone a happy new year. She mentioned the garbage cans in the Osceola Park area and asked when the pedicab issue will be brought before the Commission. She also commented regarding responses she has received from Mr. deJesus and stated they include dates as to when the Commission can expect for certain things to be done. She commended Mr. deJesus regarding the fire trucks and assignments of cars versus trucks and stated she is really happy. She discussed follow up for preparation for the City Commission Meeting and gave kudos to Mr. deJesus. Vice Mayor Jarjura asked Mr. deJesus to discuss equipping the trucks. Mr. deJesus stated he appreciates staff. Mayor Glickstein thanked the Police and Fire Personnel for managing the crowds of people over the holidays. He also thanked the event coordinators for the tree and first night. He also asked the City Commission if they are willing to move the agenda approval prior to public comment. It was consensus of the City Commission to change the order of the agenda to have the agenda approval prior to public comments and to eliminate the routine business agenda. The City Commission discussed the previous Delray Place presentation by the planner. Mayor Glickstein asked the staff to look at the adjacent property. There being no further business, Mayor Glickstein adjourned the meeting at 10:03 p.m. Page 21City of Delray Beach Printed on 4/27/2017 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-122,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Chief Neal de Jesus, Interim City Manager DATE:May 16, 2017 2017 LOCAL INITIATIVE (LI) AND TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT SUBMITTALS TO THE PALM BEACH COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) Recommended Action: Motion to Approve four (4) supporting resolutions for the grant applications submitted by the City of Delray Beach for the 2017 Local Initiative and Transportation Alternative Programs funded through the Palm Beach County Metropolitan Planning Organization. Background: The Palm Beach MPO administers two competitive grant application processes annually for the funding of projects located within Palm Beach County. The grant application process typically commences in January, when the MPO posts online application materials. Applications are ranked and recommended for funding by the MPO Advisory Committees and the MPO Board. Scoring criteria is based on the Goals, Objectives and Values of Directions 2040 and the Palm Beach MPO's Long Range Transportation Plan. 2017 project applications to be recommended for funding will be included in the MPO's Project Priority List for Fiscal Years 2019 - 2023 which is anticipated for MPO adoption in mid-2017. The latest Long Range Transportation Plan Directions 2040 carved out future allocations of MPO Surface Transportation funds to be used at the MPO's discretion. As a result, the Local Initiatives (LI) program was created as an annual application process to identify and evaluate potential funding for the better lower-cost, non-regionally significant transportation projects that our communities want and our economies need. Approximately $18 million has been allocated annually to fund projects under the Local Initiatives (LI) Program. Established by MAP-21, the federal Transportation Alternatives Program is a cost reimbursement program where projects are selected by the MPO but administered by the Florida Department of Transportation (FDOT). The program funds on and off-road pedestrian and bicycle facilities; infrastructure for improving non-driver access to public transportation for enhanced mobility; community improvement activities; environmental mitigation; recreational trail projects; safe routes to school projects; and projects for planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former divided highways. Approximately $3 million has been allocated annually in recent years to fund Transportation Alternative (TA) projects. The deadline for applications to be accepted by the MPO for the LI & TAP Programs was March 3, 2017. Presentations and review ranking should be completed by the MPO in July 2017. The MPO allows until June 16th for the submission of supporting resolutions from applicants. City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-122,Version:1 On February 21, 2017 the City Commission authorized staff to submit grant applications for three projects to be considered under the Local Initiative Program along with one application for consideration under the Transportation Alternative Program: · Barwick Road Complete Street - Atlantic Avenue to the northern City limit (L-30 Canal) - Local Initiative Program - Engineer's Opinion of Probable Cost = $1,672,013 · Lindell Boulevard Complete Street - Federal Highway to SW 10th Avenue; north on SW 10th Avenue to Linton Boulevard - Local Initiative Program - Engineer's Opinion of Probable Cost = $2,325,403 · Carl Bolter Drive and Avocet Road loop connection between the Brant Drive bridge and Lindell Boulevard - Local Initiative Program - Engineer's Opinion of Probable Cost = $440,302 · Linton Boulevard ICWW Bridge Eastbound Protected Bike Lane - similar to existing westbound; eliminate grass strip between curb and sidewalk to provide a wider sidewalk; provide ramp for bicycle access to the protected bike lane from the sidewalk; and include the non-slip bike lane cover on grated portion to prevent cyclists from slipping on the bridge - Transportation Alternative Program Supported by Palm Beach County Engineering - Engineer's Opinion of Probable Cost = $1,099,888 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funds will be required in 2021 for design/engineering professional services which will be requested in the FY 2020 CIP Budget. Timing of Request: The timing of this request is of high importance. The City has submitted the grant applications to the MPO and supporting resolutions are due by June 16, 2017. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ 1 RES NO. 34-17 RESOLUTION NO. 34-17 A RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, APPROVING THE APPLICATIONS TO THE LOCAL INITIATIVES GRANT PROGRAM THROUGH THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE CONSTRUCTION OF LINDELL BLVD AS A COMPLETE STREET; AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission recognizes that alternative methods of transportation are important aspects of our City planning efforts; and WHEREAS, it is incumbent upon community leaders to ensure the safety and welfare of residents and visitors in Delray Beach; and WHEREAS, the City of Delray Beach wishes to install bike-ped pathways together with multi-use roadways and apply for funding related to the construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, THAT: Section 1: The City Commission hereby approves the City’s application for Local Initiative Program funding through the Metropolitan Planning Organization to add sidewalks and protected bike lanes (cycle tracks) to Lindell Blvd/SW 10 th Ave to make it a Complete Street for multimodal transportation and aesthetics. Section 2: The City Commission hereby authorizes the Mayor or City Manager to conduct activities necessary to make a successful application for Local Initiative Program funding through the Palm Beach Metropolitan Planning Organization for establishing Lindell Blvd as a Complete Street. Section 3: This Resolution shall take effect immediately upon adoption. 2 RES NO. 34-17 PASSED AND ADOPTED this _______ day of _________, 2017. CARY D. GLICKSTEIN, MAYOR Attest: ____________________________ City Clerk RESOLUTION NO. 35-17 A RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, APPROVING THE APPLICATIONS TO THE LOCAL INITIATIVES GRANT PROGRAM THROUGH THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE CONSTRUCTION OF THE LINDELL BLVD LOOP CONNECTION; AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission recognizes that alternative methods of transportation are important aspects of our City planning efforts; and WHEREAS, it is incumbent upon community leaders to ensure the safety and welfare of residents and visitors in Delray Beach; and WHEREAS, the City of Delray Beach wishes to install bike-ped pathways together with multi- use roadways and apply for funding related to the construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, THAT: Section 1: The City Commission hereby approves the City’s application for Local Initiative Program funding through the Metropolitan Planning Organization to add sidewalks and protected bike lanes (cycle tracks) to the Lindell Loop Connection to the Brandt Bridge to make it a Complete Street for multimodal transportation and aesthetics. Section 2: The City Commission hereby authorizes the Mayor or City Manager to conduct activities necessary to make a successful application for Local Initiative Program funding through the Palm Beach Metropolitan Planning Organization for establishing the Lindell Loop Connection as a Complete Street. Section 3: This Resolution shall take effect immediately upon adoption. Page 2 Res No. 35-17 PASSED AND ADOPTED this _______ day of _________, 2017. CARY D. GLICKSTEIN, MAYOR Attest: ____________________________ City Clerk RESOLUTION NO. 36-17 A RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, APPROVING THE APPLICATIONS TO THE LOCAL INITIATIVES GRANT PROGRAM THROUGH THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE CONSTRUCTION OF BARWICK ROAD AS A COMPLETE STREET; AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission recognizes that alternative methods of transportation are important aspects of our City planning efforts; and WHEREAS, it is incumbent upon community leaders to ensure the safety and welfare of residents and visitors in Delray Beach; and WHEREAS, the City of Delray Beach wishes to install bike-ped pathways together with multi-use roadways and apply for funding related to the construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, THAT: Section 1: The City Commission hereby approves the City’s application for Local Initiative Program funding through the Metropolitan Planning Organization to add sidewalks and protected bike lanes (cycle tracks) to Barwick Road to make it a Complete Street for multimodal transportation and aesthetics. Section 2: The City Commission hereby authorizes the Mayor or City Manager to conduct activities necessary to make a successful application for Local Initiative Program funding through the Palm Beach Metropolitan Planning Organization for establishing Barwick Road as a Complete Street. Section 3: This Resolution shall take effect immediately upon adoption. Page 2 Res No. 36-17 PASSED AND ADOPTED this _______ day of _________, 2017. CARY D. GLICKSTEIN, MAYOR Attest: ____________________________ City Clerk RESOLUTION NO. 38-17 A RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, APPROVING THE APPLICATIONS TO THE TRANSPORTATION ALTERNATIVES GRANT PROGRAM THROUGH THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE CONSTRUCTION OF THE LINTON BOULEVARD PROTECTED BIKE LANES FROM STATE ROAD A1A TO FEDERAL HIGHWAY; AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission recognizes that alternative methods of transportation are important aspects of our City planning efforts; and WHEREAS, it is incumbent upon community leaders to ensure the safety and welfare of residents and visitors in Delray Beach; and WHEREAS, the City of Delray Beach wishes to install bike-ped pathways together with multi- use roadways and apply for funding related to the construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, THAT: Section 1: The City Commission hereby approves the City’s application for Transportation Alternatives Program funding through the Metropolitan Planning Organization to add sidewalks, protected bike lanes (cycle tracks), and anti-slip covers on the Intracoastal Waterway Bridge to the part of Linton Blvd between A1A and Federal to make it a Complete Street for multimodal transportation and aesthetics. Section 2: The City Commission hereby authorizes the Mayor or City Manager to conduct activities necessary to make a successful application for Transportation Alternatives Program funding through the Palm Beach Metropolitan Planning Organization for establishing part of Linton Blvd as a Complete Street. Section 3: This Resolution shall take effect immediately upon adoption. Page 2 Res No. 38-17 PASSED AND ADOPTED this _______ day of _________, 2017. CARY D. GLICKSTEIN, MAYOR Attest: ____________________________ City Clerk City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-357,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager Keith Tomey, Interim Fire Chief THROUGH:Neal de Jesus, Interim City Manager DATE:May 16, 2017 APPROVAL OF AMENDMENT NO.1 TO THE GAS,CARBON DIOXIDE,(FOOD GRADE) PURCHASE AND DELIVERY TERM CONTRACT WITH AIRGAS USA, LLC Recommended Action: Motion to Approve Amendment No. 1 to the Gas, Carbon Dioxide, (Food Grade) Purchase and Delivery Term Contract with Airgas USA, LLC in an amount not-to-exceed $135,000 for the purchase and delivery of carbon dioxide and oxygen. Background: On June 17,2014 the City issued a contract for Gas,Carbon Dioxide,(Food Grade)Purchase and Delivery (Contract),with Airgas Carbonic,Inc.On January 24,2017 the City executed an Assignment and Assumption Agreement delegating the Contract responsibilities to Airgas USA,LLC. The Contract is effective through June 16,2017.The City and Airgas USA,LLC have mutually agreed to exercise the first renewal option and add the purchase and delivery of oxygen to the Contract.Amendment No.1 will renew the Agreement through June 16,2018 in an amount not-to- exceed $135,000. Carbon dioxide and oxygen are critical gases to operation of the City’s potable water treatment system as well as life-saving oxygen that is purchased for Fire Rescue. Currently,the Fire Rescue Department pays approximately $20.75 on each “Medical D”oxygen tank refilled,and $28.22 on each “Medical M”oxygen tank refilled.Per year,it is estimated that 600 “Medical D”tanks are refilled,and 84 “Medical M”tanks are refilled,equating to an annual expenditure of $14,820.48.By adding oxygen to this Contract,the cost to refill each “Medical D”and “Medical M”tank will lower to $5 and $15,respectively.This will save the City over $10,500 on an annual basis. The Water Treatment Plant (WTP)has notified Purchasing that they are averaging just over $10,000 per month for the purchase of carbon dioxide,and therefore request an annual spending limit of $126,000.Because the estimated annual expenditure with Airgas USA,LLC is $126,000 for the WTP and $5,000 for the Fire Rescue Department,staff is requesting an annual expenditure amount not-to-exceed $135,000.A contingency fund of $4,000 is requested to accommodate the City’s fluctuating needs of carbon dioxide and oxygen,and to allow the Fire Rescue Department to rent oxygen tanks,as necessary,for $.025 per day.The previously approved spending limit with Airgas USA, LLC for FY2017 was $137,500. City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-357,Version:1 This recommendation complies with the City Code of Ordinances, Section 36.07 (A)(3), "Termination, Extension and Renewal". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from the following account numbers: Environmental Services: 441-5122-536.52-21 (Water/Sewer Fund: Operating Supplies - Chemicals) Fire Rescue Department: 001-2315-526.52-16 (General Fund: Operating Supplies - EMS Supplies) City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is dated this~y o~~~ , 201:J_, but effective as of April 1, 2016 ("Effective Date"}, between Airgas Carbonic, 1nc::Jrporation organized and existing under the laws of the State of Delaware and authorized to do business in the State of Florida (hereinafter referred to as "Assignor") and Airgas USA, LLC, a limited liability company organized and existing under the laws of the State of Delaware and authorized to do business in the State of Florida (hereinafter referred to as "Assignee"). W I T N E S S E T H: WHEREAS, on the 17'h of June 2014, the City of Delray Beach, Florida, a municipal corporation of the State of Florida ("City") and Assignor entered into a contract for the sale by Assignor and purchase by City of gases ("Contract"), pursuant to Bid #2014-22; and WHEREAS, Assignor desires to assign all of its rights and obligations under the Contract to Assignee, and Assignee desires to assume all of Assignor's rights and obligations under the Contract, on the terms and conditions hereinafter set forth; and WHEREAS, pursuant to the Contract, the written consent of the City is required to effectuate such assignment. NOW, THEREFORE, Assignor and Assignee hereby agree as follows: 1. Assignor hereby assigns to Assignee all of Assignor's right, title and interest in and to the Contract, effective as of April 1, 2016. 2. Assignee, for the benefit of Assignor and the City under the Contract, hereby assumes, and agrees to be bound by and to perform, all of the covenants, agreements, terms, obligations, responsibilities, provisions and conditions on the part of the Assignor under the Contract to be kept, performed and observed from and after the Effective Date. 3. This Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Assignment and Assumption Airgas Carbonic Inc. and Airgas USA, LLC Page 1 of 4 December 19, 2016 IN WITNESS WHEREOF, Assignor and Assignee have executed this Agreement as of the day and year first written above. AIRGAS CARBONIC, INC. <.»>: By: _ ____;:.__..,¡,c.....----'---=-.__ _ Title: ~~ £1 Y\o.Y)è.\~ é):Ç\02-._, ~:aéf~~ ~l\ v . \ • \ I lr--6:Y:X':P::o m - s~, ~~le e.{'-- R , !'v\C\.C JV\.~ Print Name ~59 N- ~~ CJ"?-:o'Îe.c eoc. a Signed in the presence of: Print Name Print Address Witness Signature jer,.-1\,\Q-':t.ei jQ..,L Print Name AIRGAS CARBONIC, INC. Assignor STATE OF f..ennsj \vttvù4 COUNTY OF {)el Ci vJ f,',,f'-e,,, The foregoing instrument was acknowledged before me this $fh day of fan~ , 201.:] byfu(YltA5 Smê in the capacity of Airgas Carbonic, Inc., a Delaware corpor~. on its behalf. He is personally k own to me /and he did not take an oath. (Stamp or seal of Notary) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Lisa Baglivo, Notary Public Radnor Twp., Delaware County My Commission Expires Sept. 14, 2020 Type or Print Na~ Notary ~epi, l't-1 2ó~ó Date of Commission Expiration (if not on stamp or seal) Assignment and Assumption Airgas Carbonic Inc. and Airgas USA, LLC Page 2 of 4 December 19, 2016 AIRGAS USA, LLC Assignee Signed in the presence of: By~ Title: Cb ~e E £ Y\o (\ç.,\w \ Œ£\c.e-v ' ~c.~t:-:loc-~ Witness Signature ~~ f'{"\. ~*" i(c...tb~~ R. (V\C\C_N\~ Print Name ~ Print Name 5 ~ _ L_ _ n I _ d._...._ n d ~9 N- r<-...~1...~~~ \Lol.. Print Address Print Name AIRGAS USA, LLC Assignee sTATE or Î4lnSJ l v11nì 11 COUNTY OF ~ I c.t vJtAX"-l T e foregoing instrument was acknowledged before me this.:S'fÍl day of Jáh U.61.f" t-VY\t\. , in the capacity of Airgas USA, LLC, a Delaware limited li i · nally known to me /and he did not take an oath. ' 201 7' by company, on its (Stamp or seal of Notary) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Lisa Bagllvo, Notary Public Radnor Twp., Delaware County My Commission Expires Sept. 14, 2020 Si~eofN~ /_j.5q B~livo Type or Print Naf Notary OJ.6 Assignment and Assumption Airgas Carbonic Inc. and Airgas USA, LLC Page 3 of 4 December 19, 2016 CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT City hereby consents to the transaction as set forth in this Assignment and Assumption Agreement and hereby agrees to release and discharge Assignor from any further obligation or liability under the Contract and to look solely to Assignee as the responsible party under the Contract for all liabilities or obligations arising after the Effective Date of the Assignment and Assumption Agreement, as set forth therein. Assignor will not be released from any liability or obligation accruing prior to the Effective Date. This consent will not operate as a waiver of any prohibition against further assignment or subletting, as provided in the Contract. IN WITNESS WHEREOF, the party hereto has set their hands and corporate seal on this ~t..j'fh day of s.\OJ\~ , 2orJ ATTEST~,~~~ City Clerk Address: 100 N.W. 1st Ave Delray Beach, FL 33444 Address: 100 N.W.1 st Ave Delray Beach, FL 33444 Assignment and Assumption Airgas Carbonic Inc. and Airgas USA, LLC Page 4 of 4 December 19, 2016 CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 AMENDMENT NO. 1 TO SOLICITATION NO. 2014-22 GAS, CARBON DIOXIDE, (FOOD GRADE) PURCHASE AND DELIVERY TERM CONTRACT Al RGAS USA, LLC CITY OF DEL RA Y BEACH AMENDMENT NO. 1 TO GAS, CARBON DIOXIDE, (FOOD GRADE) PURCHASE AND DELIVERY TERM CONTRACT THIS AMENDMENT NO. 1 to the Gas, Carbon Dioxide, (Food Grade) Purchase and Delivery Term Contract dated June 17, 2014, by and between City of Delray Beach, a municipal corporation of the State of Florida (City), and Airgas USA, LLC (Contractor), is entered into this __ day of __ , 2017. WITNESSETH: WHEREAS, on June 17, 2014 the City entered into a three year contract with Contractor for the purchase and delivery of carbon dioxide (Contract); and WHEREAS, on January 24, 2017, an Assignment and Assumption Agreement was executed to release and discharge Airgas Carbonic, Inc. from any further liability under the Contract and to look solely to Airgas USA, LLC as the responsible party under the Contract for all liabilities or obligations; and WHEREAS, Solicitation No. 2014-22 provides for two one-year renewal periods of the Contract, subject to mutual acceptance by City and Contractor; and WHEREAS, City desires to add the purchase and delivery of oxygen to the Contract; and WHEREAS, City determines that it is in the best interest of the City to approve this Amendment No. 1 to renew the Contract through June 16, 2018 and add the purchase and delivery of oxygen to the Contract; and WHEREAS, Contractor agrees to continue to provide goods and services to City in accordance with the terms and conditions of the Contract. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the parties do agree that the Contract is amended as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Amendment No. 1 renews the Contract, under the same terms and conditions, for the period of June 17, 2017 through June 16, 2018 for an annual not-to-exceed amount of $135,000. 3. Article 11: Public Records Law is deleted in its entirety from the Contract and is replaced with the following Article 11 Public Records. 11. Public Records IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS City of Delray Beach Gas, Carbon Dioxide, (Food Grade) Purchase and Delivery Term Contract Amendment No. 1 2 RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 15T AVE., DELRAY BEACH FLORIDA. THE CITY CLERK'S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. a. Contractor shall comply with public records laws, specifically to: i. Keep and maintain public records required by the City to perform the service. ii. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the City. iv. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. v. If the Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4. The following section is added to this Contract: 15. The continuation of this Contract beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 5. The purchase and delivery of oxygen is hereby added to the contract at the unit price of five dollars ($5) per each "Medical D" oxygen tank refilled, fifteen dollars ($15) per each "Medical M" oxygen tank refilled, and twenty-five cents ($0.25) per day for each rented oxygen tank. 6. Except as provided herein, all other terms and conditions of the Contract remain in full force and effect and are hereby confirmed. The Contract and this Amendment No. 1 represent the entire understanding between the parties on the issues contained herein, either written or oral, and may only be amended by written instrument signed by both parties. City of Delray Beach Gas, Carbon Dioxide, (Food Grade) Purchase and Delivery Term Contract Amendment No. 1 3 IN WITNESS WHEREOF, the City and Contractor hereto have set their hands and corporate seals on this day of , 2017. ATIEST: CITY OF DELRAY BEACH BY: City Clerk Cary D. Glickstein, Mayor Approved as to form for legal sufficiency: R. Max Lohman, City Attorney CONTRACTOR ~Íla B: (SEAL) Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of fYJA y , 2017, by e \,"-M 5Pt.D , as AVP (name of officer or agent, title of officer or agent), of ,A, ·Cj46 ¿J.:SAJ LL{!¿ (name of corporation acknowledging), a [)FL A4)AB[ (state or place of incorporation) corporation, on behalf of the corporation. ~ He/She is~nally know~o me or has produced (type of identification) as identification • JUUEM.MIUER NOTARY PUBLIC STATE OF FLORIDA Comm# FF219161 Expires 4/9/2019 City of Delray Beach Gas, Carbon Dioxide, (Food Grade) Purchase and Delivery Term Contract Amendment No. 1 4 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-412,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman Ph.D., Assistant City Manager THROUGH: Neal de Jesus, Interim City Manager DATE:May 16, 2017 ACCEPTANCE OF WATER MAIN EASEMENT DEED GRANTED BY WALMART STORES EAST, LP. Recommended Action: Motion to Accept a Water Main Easement granted by Walmart Stores East, LP for the Walmart Liquor Box Store Expansion project at 16205 S. Military Trail. Background: Walmart is located at 16205 S. Military Trail, south of Linton Boulevard and the west side of Military Trail. The liquor store expansion project will include an approximate 3,900 square foot addition to the south side of the existing Walmart. The proposed addition will be placed over an existing 10-inch water main, as a result, the existing water main will have to be relocated and a new water main easement provided. The water main easement will grant access and maintenance rights to the City of Delray for the relocation of 220 linear feet of 10-inch DIP water main. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: NA Timing of Request: High importance. Building permit issuance is pending acceptance of Water Main Easement for the relocated 10-inch water main. City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-372,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Neal de Jesus, Interim City Manager DATE: May 16, 2017 CHANGE ORDER NO. 2 TO THE PURCHASE AWARD WITH OVIVO USA, LLC. IN THE AMOUNT OF $50,420 FOR ADDITIONAL WORK IN THE REPAIR OF THE WESTERN VACUUM FILTER UNIT AT THE WATER TREATMENT PLANT Recommended Action: Motion to Approve Change Order No. 2 to Purchase Award to Ovivo USA, LLC. in the amount of $50,420 for additional work required in the repair of the western vacuum filter unit at the Water Treatment Plant. Background: On September 15, 2015, City Commission approved a sole source Purchase Award to Ovivo USA, LLC in the amount of $43,350 for the repairs to the two (2) vacuum filter drive units (eastern and western unit in series) at the dewatering building. The vacuum filter drive units are essential in the production of potable water, as they are critical in processing the lime sludge byproduct. After taking the eastern unit off-line and out of service, Ovivo initiated the repairs. Once the unit was disassembled, it revealed unexpected damage to the internal components. On April 5, 2017, City Commission approved additional repair work in the amount of $41,000 to repair the eastern unit, which consisted of replacing the worm drive, thrust spacers, blind seal plates, the trunnion bearing assembly, valve assembly, and stuffing box assembly. Repairs to the eastern vacuum filter drive are complete and the unit is back on-line. The western unit has now been taken off-line, disassembled and evaluated. Based on this evaluation, Ovivo has submitted a proposal for additional work to repair the western vacuum filter unit in the amount of $50,420, with the scope of work being comparable to the eastern unit. The units are manufactured by Ovivo USA, LLC. (Ovivo), Salt Lake City, Utah. Ovivo is the sole manufacturer and exclusive distributor of EIMCO parts and equipment. The equipment was formerly manufactured by EIMCO Water Technologies. All repair work to the western unit will utilize original equipment manufactured parts. This recommendation complies with the City Code of Ordinances, Section 36.06 (A) (2), "Within the Scope of Work”. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-372,Version:1 Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 442-5178-536-64.90 (Water/Sewer Renewal and Replacement Fund: Other Machinery/Equipment). Timing of Request: Approval is needed to initiate the repairs to the unit. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™         IT E M  SPECIF ICATIO N  SECTI ON  EQUI PME NT  ESTI MAT ED  SHIP  DAT E*  PRI CE        AREA REPRESENTATIVE    PREPARED BY  Bill Stewart  Phone (801) 931‐3265  Fax       (801) 931‐3080  bill.stewart@ovivowater.com  Ovivo USA, LLC  4246 Riverboat Road – Suite 300  Salt Lake City, Utah 84123‐2583  CITY OF DELRAY BEACH  200 SW 6TH STREET  DELRAY BEACH, FL    ATTN:     JOHN BULLARD  One (1) 8’ x 12’ EIMCOBELT Vacuum Filter  Emergency Repairs  Additional work required from tear down inspection on  western machine.  TSC Jacobs  Austin Moore  (818) 888‐5556  austin@tscjacobs.com  PROPOSAL Q022217C‐S  10 APRIL 2017 3/14/2017, Rev. B, Added repair on damaged vacuum pipe. 4/10/2017, Rev. C, Added repair for drive seal. Ovivo USA, LLC | 4246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931‐3000 I Fax: (801) 931‐3080  ovivowater.com  PROPOSAL  |  Q022217C‐S  |  10 April 17 | PROJECT SUMMARY:    Ovivo USA, LLC (formerly EIMCO Water Technologies – EWT™) is pleased to offer the following  proposal to provide emergency repairs for (1) one EIMCOBELT Filters, serial no: 21265‐01‐AR or  21265‐01‐BR (Western machine). Repair to include OEM parts and installation services.  The work  described on this proposal is based on internal damage that was discovered during the repair work as  described in Ovivo proposal no: Q07022015B‐BS.     Replacement Components:  Drive Housing:   Worm.   Worm Shaft.   Thrust spacers.   Blind seal plate.   Drive housing packing and retainer plate.    Trunnion Bearing Assembly: (typical each end of filter)   Bearing liners.   Bearing liner retainers.    Valve Assembly:   Complete set of Valve Bridge blocks.    Stuffing Box Assembly:   Gaskets.   Packing material.   Assembly hardware.    Installation Services:  Ovivo will supply supervision, labor and equipment to complete this project.   Mobilization and Demobilization.   Delivery and unloading of new replacement components.   Removal and installation of new components as listed above.   Machining/finishing of existing valve and new bridge blocks.   Resurfacing trunnion face (valve end), includes prepping, forming, pouring and dressing.   Alignment of worm shaft assembly and trunnion bearings.   Open and visually inspect internal drum components.   Disposal of replaced components.    Items not included:   No draining or cleaning of the existing tank.   No electrical installation or alteration of existing electrical supply.   No lubricants.   Any components not expressly listed above.  Ovivo USA, LLC | 4246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931‐3000 I Fax: (801) 931‐3080  ovivowater.com  PROPOSAL  |  Q022217C‐S  |  10 April 17 | Additional pricing to complete repairs and rebuild of the western vacuum filter unit (one unit),  including material and labor:  $50,420.00   (1), (2), (3)    The costing described on this proposal is in addition to the work described on Ovivo Proposal No.  Q07022015B‐BS, dated July 30, 2015.                        (1) Pricing per equipment disassembly, evaluation and diagnosis after western unit was taken  out of service, February 13, 2017.  (2) Pricing includes field seal weld repair of one internal vacuum pipe, hole was found during  drum internal inspection (see photo below).  (3) Added $3070.00 for Clarifier Drive Seal repair (Ovivo order RSW592, Delray Beach PO  702088)            Ovivo anticipated the lead time to be 8 weeks for materials and 1 week on site for installation.        DELIVERY     Ovivo intends to ship all Products as indicated above after receipt of approved purchase order  and approved submittal drawings from Purchaser.  However, the date of shipment of the  Products represent Ovivo's best estimate, but is not guaranteed, and Ovivo shall not be  liable for any damages due to late delivery. The Products shall be delivered to the delivery  point or points in accordance with the delivery terms stated in this proposal.  If such  delivery is prevented or postponed by reason of Force Majeure, as defined in Ovivo’s  standard terms and conditions of sale, Ovivo shall be entitled at its option to tender  delivery to Purchaser at the point or points of manufacture, and in default of Purchaser’s  Ovivo USA, LLC | 4246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931‐3000 I Fax: (801) 931‐3080  ovivowater.com  PROPOSAL  |  Q022217C‐S  |  10 April 17 | acceptance of delivery, to cause the Products to be stored at such a point or points of  manufacture at Purchaser's expense. Such tender, if accepted, or such storage, shall  constitute delivery for all purposes of this proposal.  If shipment is postponed at request of  Purchaser, or due to delay in receipt of shipping instructions, payment of the purchase  price shall be due on notice from Ovivo that the Products are ready for shipment. Handling,  moving, storage, insurance and other charges thereafter incurred by Ovivo with respect to  the Products shall be for the account of Purchaser and shall be paid by Purchaser when  invoiced.    PRICING TERMS      All prices quoted are in US Dollars.  Prices are good for 45 days.  After expiration of the pricing  effective period, prices will be subject to review and adjustment.  Prices quoted are FOB point  of shipment, with freight included to an accessible point nearest the jobsite.  Federal, state or  local sales, use or other taxes are not included in the sales price.      PAYMENT TERMS     Payment terms are:  One hundred percent (100%) payment due within forty five (45) days  after Purchaser’s receipt of invoice.  Invoice will be submitted after all materials have been  received at the job site or they have been successfully installed by an Ovivo contractor and  the field service check‐out and start‐up procedure is finalized.  Credit is subject to acceptance  by the Ovivo Credit Department.      Purchaser shall remit payment for proper invoices received from Ovivo in accordance with the  payment terms stated above even if the Purchaser has not been paid by the Purchaser’s  customer (the “Owner”), if Purchaser is not the end‐user of the Products.  Payments are due  within forty five (45) days after Purchaser’s receipt of invoice.  Overdue and unpaid invoices  are subject to a service charge of 2% per month until paid.   If Purchaser requests or causes cancellation, suspension or delay of Ovivo’s work,  Purchaser shall accept transfer of title and pay Ovivo all appropriate charges incurred up to  date of such event plus Ovivo’s overhead and reasonable profit.  Additionally, all charges  related to and risks incidental to storage, disposition and/or resumption of work shall be  borne solely by Purchaser.  Full payment for all work shall be due and payable forty five  (45) days from the date work is placed into storage.    TAXES     Federal, State or local sales, use or other taxes are not included in the sales price.  Such taxes,  if applicable, shall be for Purchaser's account.    BACKCHARGES     Ovivo USA, LLC | 4246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931‐3000 I Fax: (801) 931‐3080  ovivowater.com  PROPOSAL  |  Q022217C‐S  |  10 April 17 | In no event shall Purchaser/Owner do or cause to be done any work, purchase any services or  material or incur any expense for the account of Ovivo, nor shall Ovivo be responsible for such  work or expenses, until after Purchaser/Owner has provided Ovivo’s PROJECT MANAGER full  details (including estimate of material cost and amount and rate of labor required) of the  work, services, material or expenses, and Ovivo has approved the same in writing.  Ovivo will  not accept Products returned by Purchaser/Owner unless Ovivo has previously accepted the  return in writing and provided Purchaser/Owner with shipping instructions.        **PURCHASE ORDER SUBMISSION**    In an effort to ensure all purchase orders are processed timely and efficiently, please submit  all purchase order documentation to the following department and address:     Attn: Order Entry Administrator   Ovivo USA, LLC   4246 Riverboat Road ‐ Suite 300,   Salt Lake City, Utah 84123‐2583     Fax #: 801‐931‐3080    Tel. #: 801‐931‐3265    bill.stewart@ovivowater.com      GENERAL ITEMS NOT INCLUDED     Unless specifically and expressly included above, prices quoted by Ovivo do not include  unloading, hauling, erection, installation, piping, valves, fittings, stairways, ladders, walkways,  grating, wall spools, concrete, grout, sealant, dissimilar metal protection, oakum, mastic, field  painting, oil or grease, electrical controls,  wiring, mounting hardware, welding, weld rod,  shims, leveling plates, protection against corrosion due to unprotected storage, special  engineering, or overall plant or system operating instructions or any other products or  services.        Performance and payment security, including but not limited to bonds, letters of credit, or  bank guarantees, are not included, but can be provided if purchased for an additional cost.     CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 CHANGE ORDER 2 PURCHASE AGREEMENT FOR FOR EMERGENCY REPAIRS OF EIMCOBELT VACUUM FILTER OVIVO USA, LLC City of Delray Beach 2 Emergency Repairs EIMCOBELT Vacuum Filter Agreement CITY OF DELRAY BEACH PURCHASE AGREEMENT CHANGE ORDER THIS AGREEMENT CHANGE ORDER No. 2 is made by and between the City of Delray Beach, a Florida municipal corporation (hereinafter referred to as City), whose address is 100 N.W. 1st Avenue, Delray Beach, FL 33444 and Ovivo USA, LLC (hereinafter referred to as Supplier), whose address is 4246 Riverboat Road, Ste. 300, Salt Lake City, UT 84123, this ____ day of _____________, 20__. WITNESSETH: WHEREAS,on September 15, 2015 City Commission approved a purchase award for Supplier for repairs of two vacuum filters in the amount of $43,350; WHEREAS,on April 5, 2017 City Commission approved Change Order 1 to approve additional repair work for the first vacuum filter in the amount of $41,000; WHEREAS,additional repair work for the second vacuum filter is required and Supplier submitted a Proposal Q022217C-S dated April 10, 2017 for the extra work in the amount of $50,420; and WHEREAS,the City desires to purchase goods and services from Supplier subject to the terms and conditions of Supplier’s Proposal, and this Agreement Change Order. Supplier’s Proposal hereto is attached and incorporated herein as Exhibit “A”. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the parties do agree that the Agreement is amended as follows: 1. The above recitals are true and correct and are incorporated herein. 2. The Supplier shall provide to the City emergency repairs for one 8’x12’ EIMCOBELT Vacuum Filter in accordance with and pursuant to the terms, conditions and pricing as set forth. 3. This Agreement Change Order is in full force and effect upon full execution by the City for a not-to-exceed amount of Fifty Thousand, Four Hundred Twenty Dollars ($50,420). The term of the Agreement shall be from _____________ through completion of the emergency repairs (approximately eight weeks) unless terminated earlier by the City. 4. Supplier shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Supplier, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, City of Delray Beach 3 Emergency Repairs EIMCOBELT Vacuum Filter Agreement cause of action, or demand, Supplier shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement Change Order. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Supplier under this Agreement Change Order may be retained by City until all of City’s claims for indemnification pursuant to this Agreement Change Order have been settled or otherwise resolved. 5. This Agreement Change Order shall be construed in accordance with the City of Delray Beach Code of Ordinances and the laws of the State of Florida without respect to any conflict of laws. Any dispute relating to this Agreement Change Order shall only be filled in a court of competent jurisdiction in Palm Beach County, Florida and each of the parties to this Agreement Change Order submits itself to the jurisdiction of such court. 6. The following Public Records provision is hereby added and incorporated into the Agreement. 12.Public Records IF THE SUPPLIER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUPPLIER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. a. Supplier shall comply with public records laws, specifically to: i.Keep and maintain public records required by the City to perform the service. ii.Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. iii.Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Supplier does not transfer the records to the City. iv.Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Supplier or keep and maintain public records required by the City to perform the service. If the Supplier transfers all public records to the City upon completion of the Agreement, the Supplier shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Supplier keeps and maintains public records upon completion of the Agreement, the Supplier shall City of Delray Beach 4 Emergency Repairs EIMCOBELT Vacuum Filter Agreement meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. v.If the Supplier does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Supplier is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Supplier and its subcontractors and lower tier subcontractors. Supplier understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Supplier or its subcontractors and lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. The continuation of this Agreement Change Order beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 7. Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City of Delray Beach ATTN: City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 With Copy To: City of Delray Beach ATTN: City Attorney 200 N.W. 1st Ave. Delray Beach, FL 33444 For Supplier: Ovivo USA, LLC 4246 Riverboat Road, Ste. 300 Salt Lake City, UT 84123-2583 City of Delray Beach 5 Emergency Repairs EIMCOBELT Vacuum Filter Agreement 8. Neither this Agreement Change Order nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. 9. Supplier is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Supplier and its sub licensees and lower tier sub licensees. Supplier understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Supplier or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement Change Order justifying its termination. 10. The documents listed below are a part of this Agreement Change Order and are hereby incorporated by reference. In the event of inconsistency between the documents, unless otherwise provided herein, the terms of the following documents will govern in the following order of precedence: A. Terms and conditions as contained in this Agreement Change Order; B. Supplier’s Proposal Q022217C-S, and any subsequent information submitted by Supplier prior to execution of this Agreement Change Order. [Remainder of page intentionally left blank] City of Delray Beach 6 Emergency Repairs EIMCOBELT Vacuum Filter Agreement IN WITNESS WHEREOF, the City and Supplier hereto have set their hands and corporate seals on this ______ day of __________________, 20__. ATTEST:CITY OF DELRAY BEACH BY: Kimberly Wynn, Interim City Clerk Cary D. Glickstein, Mayor Approved as to form for legal sufficiency: R. Max Lohman, City Attorney SUPPLIER By: Printed Name (SEAL)Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ____________, 2017, by _____________________, as ________________ (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 Notary Public – State of Florida City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-414,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Neal de Jesus, Interim City Manager DATE:May 16, 2017 SERVICE AUTHORIZATION NO.12-17 WITH WANTMAN GROUP, INC. IN THE AMOUNT OF $163,748.35 FOR ENGINEERING SERVICES RELATED TO THE DESIGN FOR RECONSTRUCTION OF BARWICK ROAD FROM THE SOUTHERLY RIGHT-OF-WAY LINE OF LAKE IDA ROAD TO THE NORTHERLY RIGHT-OF-WAY LINE OF ATLANTIC AVENUE Recommended Action: Motion to Approve Service Authorization No.12-17 with Wantman Group, Inc. in the amount not to exceed of $163,748.35 for the preparation of design documents for roadway reconstruction of Barwick Road from the southerly right-of-way line of Lake Ida Road to the northerly right-of-way line of Atlantic Avenue. Background: On January 24,2012 the City entered into an Agreement with Wantman Group for general engineering consulting services (RFQ 2016-06).On December 13,2016,Commission approved Amendment No. 4 extending the Agreement through June 30, 2017. The Roadway Reconstruction Project was approved in the Five Year Capital Improvements Plan and funds were appropriated by the City Commission for the Fiscal Year 2016-2017 budget. Specific road segments are selected for reconstruction based on the 2013 Pavement Management System Report which establishes the Overall Condition Index (OCI). This worst section of Barwick Road was rated with an OCI of 31 in 2013. The remaining sections being recommended for reconstruction scored less than 50. Transportation Program staff have recommended that all roadways with an OCI below 42 be considered for reconstruction because they are deemed potentially unsafe for drivers due to the extent of roadway damage. Roadway reconstruction projects will include the design of utility infrastructure improvements (water, wastewater, reclaimed, and stormwater), striping and signing, and lighting plans. The total compensation for the services provided under this contract is anticipated to be in the amount of $163,748.35. This recommendation complies with the City Code of Ordinances, Section 36.06(A) (2), "Within the Scope of Work". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-414,Version:1 Funding Source: Funding is available from account number 334-3162-541-69.37 (General Construction Fund: Other Improvements/Roadway Reconstruction 0-39). Timing of Request: This request is time-sensitive as it keeps the project on schedule. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-427,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman Ph.D., Assistant City Manager THROUGH:Neal de Jesus, Interim City Manager DATE:May 16, 2017 APPROVAL OF CHANGE ORDER NO. 2 IN THE AMOUNT OF $85,008 WITH MBR CONSTRUCTION INC FOR THE BEACH MASTER PLAN PROJECT Recommended Action: Motion to Approve Change Order No. 2 in the amount of $85,008 with MBR Construction, Inc. for the Beach Master Plan (Project No. 15-008). Background: On March 13,2017,the City awarded a contract to MBR Construction,Inc.(MBR)for the Beach Master Plan.On March 20,2017,MBR was given the Notice to Proceed date of April 3,2017.At that time,staff directed MBR to mobilize to the north end of the project to accommodate beach access by the public for this season.MBR has identified an issue concerning the contracted repairs to the existing knee-wall.MBR cannot guarantee that additional rust spots in the knee-wall will not appear at new locations in the future.Therefore,staff along with MBR recommends completely encapsulating the knee-wall in a new concrete reinforced wall. Change Order No.2 is to completely encapsulate approximately 2,800 linear feet of the existing knee -wall in a concrete reinforced cap that is about 4”thick on each side.The proposed design allows for the possibility of a one inch separation of the existing knee-wall from the cap (pending final structural engineering design).This design will effectively prevent any potential rusting of the existing re-bar from penetrating into the new knee-wall cap.Furthermore,the reinforced knee-wall cap will be constructed with galvanized reinforcing steel.The galvanized reinforcing steel will further add an additional layer of protection in the highly corrosive marine environment of the beach. With the addition of a minimum of four inches of concrete on each side of the existing knee-wall, the new dimensions of the knee-wall will be approximately 26” wide by 22” high. This additional height and width will be more accommodating to the public who utilize the knee-wall for exercise, sitting, and enjoying the view. MBR has agreed to provide the City with an extended two-year material and labor guarantee for the proposed capped knee-wall. This proposed solution is based on the contractor's analysis of the conditions along with best management practices. Staff recommends that the City Commission approve Change Order No. 2 to encapsulate the existing knee-wall in the amount of $85,008 with zero additional construction days. This recommendation complies with the City Code of Ordinances, Chapter 36, Section 36.06(A)(1), " Beyond the Scope of Work". City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-427,Version:1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding in the amount of $85,008 will be available from account number 334-4144-572.63-20 (General Construction Fund: Landscaping/Beautification) after a mid-year budget amendment is approved. Timing of Request: Approval of Change Order No. 2 is of high importance because the encapsulation of the knee-wall is on the Contractor’s critical path. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-417,Version:1 TO: Mayor and Commissioners FROM:Timothy Stillings, Planning, Zoning and Building Director THROUGH: Neal de Jesus, Interim City Manager DATE: May 16, 2017 ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR HESSLER PAINT LOCATED AT 4591 WEST ATLANTIC AVENUE Recommended Action: Motion to Approve and accept a Hold Harmless Agreement for Hessler Paint,4591 West Atlantic Avenue. Background: On February 22,2017,the Site Plan Review and Appearance Board (SPRAB)approved a Class IV site plan modification associated with the construction of a 6,678 sq.ft.building addition,associated parking and landscaping improvements for Hessler Paint,located at 4591 West Atlantic Avenue. The site plan also included the relocation of a fire hydrant within the State right-of-way along West Atlantic Avenue.As a result,a utility permit from the Florida Department of Transportation (FDOT)is required.The Hold Harmless Agreement provides the City with a one-year warranty for all work completed within FDOT right-of-way by the property owner. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Not applicable. Funding Source: Not applicable. Timing of Request: Approval is required to allow the hold harmless agreement to be in place prior to the completion of the relocated fire hydrant. Attachments: Hold Harmless Agreement FDOT Utility Permit City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-417,Version:1 SPRAB Staff Report City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-426,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Neal de Jesus, Interim City Manager DATE:May 16, 2017 SERVICE AUTHORIZATION NO. 12-20 WITH WANTMAN GROUP INC. IN A NOT TO EXCEED AMOUNT OF $5,341 FOR THE SURVEYING, ENGINEERING DESIGN, AND PERMITTING SERVICES ASSOCIATED WITH THE CASON COTTAGE FRONT LAWN BRICK PAVER INSTALLATION Recommended Action: Motion to Approve Service Authorization No. 12-20 with Wantman Group Inc. in an amount not to exceed of $5,341 for surveying, engineering design, and permitting services associated with the Cason Cottage front lawn brick paver installation. Background: On January 24, 2012 the City entered into an Agreement with Wantman Group Inc. for general engineering consulting services (RFQ 2012-06). On December 13, 2016, Commission approved Amendment No. 4 extending the Agreement through June 30, 2017. In October 2016 the City of Delray Beach Public Works Department completed the repair, replacement and the expansion of the Cason Cottage front lawn with Chicago brick pavers. This service authorization allows Wantman to evaluate the construction of the pavers for conformance with ADA and drainage requirements. Their scope will include securing a Hardscape Permit from the City’s Building Permit Department and approvals from the Historic Preservation Board. As of April 21 2017, the City has expended $276,285.36 in FY 2016 - 2017 for engineering services with Wantman Group, Inc. This recommendation complies with the City Code of Ordinances, Section 36.06(A) (2), "Within the Scope of Work". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 001-2911-519.31-30 (General Fund: Engineering/Architectural Services). City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-426,Version:1 Timing of Request: Securing the required permit for this improvement as soon as feasible will address the drainage and ADA requirements. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ CITY OF DEL RA Y BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 AMENDMENT NO. 4 TO GENERAL CONSUL TING SERVICES AGREEMENT WANTMAN GROUP, INC. General Engineering Services Agreement Amendment No. 4 Wantman Group, Inc. li Page CITY OF DELRAY BEACH AMENDMENT NO. 4 TO GENERAL CONSUL TING SERVICES AGREEMENT THIS AMENDMENT NO. 4 to the General Consulting Services Agreement dated January 24, 2012, by and between City of Delray Beach (City), a municipal corporation of the State of Florida, and Wantman Group, Inc. (Consultant), organized and existing under the laws of lqEi. State of ~.-~~orida and authorized to do business in the State of Florida, is entered into this--~ day of --~,20(~ WITNESSETH: WHEREAS, on January 24, 2012, City entered into the Agreement with Consultant for General Engineering Consulting Services; and WHEREAS, on February 25, 2014, Amendment No. 1 was executed to renew the term of the Agreement. However, Amendment No. 1 inadvertently stated the renewal period was through January 24, 2015 rather than the correct date of January 23, 2015; and WHEREAS, on February 25, 2015, Amendment No. 2 was executed to renew the term of the Agreement. However, Amendment No. 2 inadvertently stated the renewal period was through January 24, 2016 rather than the correct date of January 23, 2016; and WHEREAS, on September 22, 2016, Amendment No.3 was executed to renew the term of the Agreement. However, Amendment No. 3 inadvertently stated the renewal period was through February 25, 2017 rather than the correct date of January 23, 2017; and WHEREAS, the City desires to extend this Agreement an additional six (6) months in order that the City may competitively bid for these services; and WHEREAS, Consultant agrees to continue to provide General Engineering Consulting Services to City in accordance with the terms and conditions of the General Engineering Consulting Services Agreement; and WHEREAS, the City determines that it is in the best interest of the City to approve this Amendment No. 4 to extend this Agreement to June 30, 2017. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the parties do agree that the General Engineering Consulting Services Agreement is amended as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Amendment No. 4 extends the Agreement, under the same terms and conditions, for the period of January 24, 2017 through June 30, 2017. 3. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect and are hereby confirmed. The Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, and this Amendment No. 4 represent the entire understanding 21Page General Engineering Services Agreement Amendment No. 4 Wantman Group, Inc. between the parties on the issues contained herein, either written or oral, and may only be amended by written instrument signed by both parties. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK 3[Page General Engineering Services Agreement Amendment No.4 Wantman Group, Inc. IN WITNESS WHEREOF, the City and the Consultant executed this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH ~ .. >;i~.~.~~~ Chevelle Nubin, City Clerk ~ ~ 'b ~ ~ s :;.o0 1991 0~ 'rATE f\..: STATE OF FLORIDA Print Name: __ D_a_v1_· d_W_a_n_tm_an _ Title: P_r_es_i_de_n_t _ (SEAL) COUNTY OF PALM BEACH The foregoing instrument was ackn~d~ed before me this éli!;i_ay of 'JÜruJ._ 2017, by =ffitJ'd S ~~, as t\, ~.¡.. (name of officer or agent, title officer or aênt), of~ 9\~ "Ilt:x.. (name of corporation acknowledging), a E IDv'\ ÇÁÛ.. (state or place of inc-0rporntion) corporation, on behalf of the corporation. J:je/She is personally known to me or has produced (type of identification) as identification DAWN MARIE COX MT COMMISSION t FF161'46 EX'P!litES: Sqilffllbff J.8, 20t8 41Page General Engineering Services Agreement Amendment No. 4 Wantman Group, Inc. City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-420,Version:1 TO:Mayor and Commissioners FROM:Laura Thezine, Acting Finance Director Edward DeMicco, Risk Manager THROUGH:Neal de Jesus, Interim City Manager DATE:May 16, 2017 RAILROAD CROSSING LIABILITY RENEWAL POLICY Recommended Action: Requesting prior approval of FY17 spending limit greater than $25,000 with Employers Mutual Inc. d/b/a Ascension Benefits and Insurance Solutions and motion to approve renewal of Railroad Crossing Liability and Railroad Crossing Excess Liability policies in a not to exceed amount of $28,000. Background: Under the contractual agreement between the City and the Florida East Coast Railroad, the City is required to place liability and excess liability insurance. The City has two liability insurance policies that renew annually in early June. ·Railroad Crossing Liability ($20,000) ·Railroad Crossing Excess Liability ($8,000) Coverage is placed through the City’s property and casualty insurance broker, Employers Mutual Inc. d/b/a Ascension Benefits and Insurance Solutions. For this renewal, the broker solicited quotes on each policy from four insurance companies known to write these specialized coverages. Each renewal was then awarded to the lowest priced carrier. The carriers’ arrangements with the insurance broker require payment to the broker who then makes payment to the carrier as is customary. As of April 20, 2017, the total amount due is $28,000. By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under City Code section 36.03(B), "Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year". City Attorney Review: Approved as to form and legal suffciency. Finance Department Review: The Finance Department recommends approval. City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-420,Version:1 Funding Source: Funding is available from account number 551-1575-591-45.90 (Business Insurance Fund: Other Insurance Costs). Timing of Request: Urgent City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-423,Version:1 TO: Mayor and Commissioners FROM: Keith Tomey, Interim Fire Chief THROUGH: Neal De Jesus, Interim City Manager DATE: May 16, 2017 PRIOR APPROVAL OF FISCAL YEAR 2017 SPENDING GREATER THAN $25,000. WITH ADAPT PHARMA INC. Recommended Action: Motion to Approve multiple acquisitions of medicine and medical supplies from Adapt Pharma Inc.in a total not-to-exceed amount of $84,000.00 for Fiscal Year 2017. Background: Adapt Pharma,Inc.is the sole manufacturer of Narcan Nasal Spray,which is used by the Police and Fire Departments to treat narcotic overdose in an emergency situation.Although Adapt Pharma has distributors,the manufacturer will sell direct to the City and offers the lowest pricing for Narcan Nasal Spray.The City has spent $23,400 with Adapt Pharma this fiscal year.Based on history of calls responded to by Fire Rescue YTD in FY17,it is estimated that the City will require several small purchases of Narcan Nasal Spray in FY2017. FY 2017 YTD usage equals approximately $7,000 per month. By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $ 25,000.00 This amount of spending requires prior Commission approval under the City Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple acquisitions from vendor exceeding $25,000.00 in any Fiscal Year". City Attorney Review: Approved as to legal form and sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 001-2315-526.52-16 (General Fund: EMS Supplies). City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-432,Version:1 TO:Mayor and Commissioners FROM:Theresa Webb, Chief Purchasing Officer THROUGH:Neal de Jesus, Interim City Manager DATE:May 16, 2017 RETROACTIVE APPROVAL OF A SPENDING INCREASE WITH INTERLINE BRANDS,INC.DBA SUPPLYWORKS Recommended Action: Motion to retroactively approve an increase in spend with Interline Brands, Inc. DBA Supplyworks for janitorial supplies in a total not-to-exceed amount of $70,000 for Fiscal Year 2017. Background: On January 5,2016 Commission approved an agreement with Interline Brands in a not-to-exceed amount of $70,000 (ITB 2016-014).On June 21,2016 Commission approved an increase in spend of $25,000 for a not-to-exceed amount of $95,000.Due to unknown reasons,in early FY2017 the data in the Spend Report utilized by Purchasing to monitor spend with each supplier became corrupt making the report inaccurrate.Upon discovery of this issue,the Purchasing Department has worked in a collaborative effort with IT over the past several months to create a new Spend Report,that provides access to current spend information.In reviewing the new Report it was discovered that the spend with Interline Brands had exceed the amount approved by Commission. The Purchasing Department is currently evaluating responses to award a new janitorial supplies agreement, which is expected to be brought before Commission for approval in the next few months. Until that time the Purchasing Department is requesting retroactive approval of an increase in spend in the not-to-exceed amount of $70,000 to allow for continued purchases until the new agreement can be approved. Spend with Interline during the agreement term is as follows: FY 2016 $93,000 FY17 YTD $35,000 This motion is in accordance with City Code of Ordinances, Chapter 36, Section 36.02 (A) (1), Methods of Acquisition, Sealed Competitive Method, Competitive Bid. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-432,Version:1 Funding is available from various departments' approved janitorial expense line items. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 Bid 2016-014 Janitorial Supplies MAYOR - CARY D. GLICKSTEIN VICE MAYOR - SHELLY PETROLIA DEPUTY VICE MAYOR - AL JACQUET COMMISSIONER - JORDANA JARJURA COMMISSIONER - MITCH KATZ CITY MANAGER - DONALD B. COOPER Purchasing Department (561) 243-7163 purchasing@mydelraybeach.com CITY OF DELRAY BEACH INVITATION TO BID BID 2016-014 Title:Janitorial Supplies Vendor Name: Addenda Enclosed _______ thru ______ Submission Deadline: October 26, 2015 2:00 P.M. Submissions Accepted Via:Mail or Electronic Submission at www.BidSync.com Submit to: City of Delray Beach Purchasing Division 100 NW 1st Avenue Delray Beach, FL 33444 City of Delray Beach Time Stamped In: Bid 2016-014 Janitorial Supplies 1 CITY OF DELRAY BEACH Bid 2016-014 Janitorial Supplies Contents INVITATION TO BID..................................................................................................................................................2 SECTION 1: TERMS AND CONDITIONS.................................................................................................................3 SECTION 2: SCOPE OF WORK................................................................................................................................11 SECTION 3: FORMS FOR BID.................................................................................................................................14 Bid Submittal Signature Page..................................................................................................................................15 Public Entity Crimes................................................................................................................................................16 Drug-Free Workplace..............................................................................................................................................17 Conflict of Interest Disclosure Form.......................................................................................................................18 Acknowledgment of Addenda.................................................................................................................................19 Schedule of Pricing..................................................................................................................................................20 Attachment “A”.......................................................................................................................................................21 Bid 2016-014 Janitorial Supplies 2 CITY OF DELRAY BEACH TEL: (561) 243-7161 FAX: (561) 243-7166 PURCHASING DEPARTMENT INVITATION TO BID ITB NO:2016-014 TITLE:Janitorial Supplies ISSUE DATE:October 04, 2015 DEPARTMENT:Public Works DUE DATE:October 26, 2015 TIME:2:00 pm INSTRUCTIONS SCOPE OF SERVICES: The City intends to secure a source for janitorial supplies for City facilities at the lowest responsive and responsible price. No guarantees or minimum quantities are implied. This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PRE-BID CONFERENCE:A pre-bid conference has been scheduled for 10:00 A.M. on October 13, 2015, in the City Hall 1st Floor Conference Room, 100 NW 1st Avenue, Delray Beach, FL. Proposers are invited to attend, ask questions and tour the facilities. INQUIRIES: Questions regarding this solicitation must be submitted through www.bidsync.com. To ensure a timely response, inquiries should be made by October 19, 2015 at 5:00 p.m. SUBMITTALS:The following forms must be included in the sealed bid package: Form 1.Proposer’s Submittal Form 2.Public Entity Crimes Form 3.Drug-Free Workplace Form 4.Conflict of Interest Form 5.Acknowledgement of Addenda Form 6.Cost Proposal ELECTRONIC BIDS:Electronic bids are to be submitted through a secure mailbox at BidSync (www.bidsync.com) until the date and time as indicated in this Solicitation document. It is the sole responsibility of the Bidder/Proposer to ensure their proposal reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder/Proposer to submit a proposal in response to a City of Delray Beach solicitation via BidSync. Electronic proposal submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. Bid 2016-014 Janitorial Supplies 3 PRESENTATION OF BIDS – PAPER SUBMISSION:Complete bid packets must be presented to the Purchasing Department in a sealed envelope unless otherwise indicated. All paper submissions must be received on or before the due date and time (local time) at the City of Delray Beach, Purchasing Office,100 NW 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Proposer’s name, return address, BID number, BID title, due date and time must be noted on the envelope. It is the sole responsibility of the bidder to utilize the forms provided in the bid package and to ensure their bid/proposal reaches the Purchasing Office on/or before solicitation due date and time (local time). Included in the envelope shall be ONE (1) unbound original, TWO (2) copies of all bid/proposal forms, and one (1) electronic copy of all submitted materials on CD. The original should be marked “ORIGINAL”. Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). BID OPENINGS: Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. Bidders and the general public are invited and encouraged to attend. CITY’S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of ninety (90) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City. The City’s Solicitation information can be obtained from: a) Bidsync –www.bidsync.com b) DemandStar –www.demandstar.com c) Request via email purchasing@mydelraybeach.com d) City of Delray Beach – Hard copies are available at City Hall Bid 2016-014 Janitorial Supplies 4 SECTION 1: TERMS AND CONDITIONS Bid 2016-014 Janitorial Supplies 1. SUBMISSION AND RECEIPT OF BIDS: A.Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B.Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C.Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D.All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE:Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders’ information only and will be used for tabulation and presentation of bid. 3. TERM OF CONTRACT: The initial term of the contract awarded shall be for two (2) years and be renewable for two (2) additional one (1) year periods. 4. PRICING/PERIOD OF CONTRACT: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of ninety (90) days from the date of opening unless otherwise stated by the City or bidder. B. Unit prices bid of listed items shall be held firm for the duration of the contract. C. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 5. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 6. SIGNED BID CONSIDERED AN OFFER:This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. Bid 2016-014 Janitorial Supplies 5 7. INDEMNITY/HOLD HARMLESS AGREEMENT:Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney’s option, defend or pay for an attorney selected by the City Attorney to defend the City, its offers, agents, servants, and employees from and against and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court cost, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceedings is brought against the City by reason of any such claim, cause of action, or demand, Contractor shall, upon notice from the City, resist and defend such lawsuit or proceedings by counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of the Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor party under this Agreement may be retained by the City until all City’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 8. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Proposers are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence prohibits any communications, except written correspondence, regarding this Bid, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission’s staff, any City employee authorized to act on behalf of the City to award the contract under this Bid, or any member of the Selection Committee. The Cone of Silence will commence and take effect at the deadline for submitting proposals, as indicated in Section 1.7, above. All written correspondence with the City must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides “[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances.” The County Code provides as follows: “a.‘Cone of silence’ means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1)Any person or person's representative seeking an award from such competitive solicitation; and (2)Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. b.For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. c.The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and Bid 2016-014 Janitorial Supplies 6 shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. d.The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. e.The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. f.The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. g.Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable.” 9. LIABILITY, INSURANCE, PERMITS AND LICENSES: Where the successful proposer is required to enter or go onto City of Delray Beach property to deliver goods, materials, or perform work or services as a result of a Bid award, the successful proposer will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all Federal, State, Local, Palm Beach County and Delray Beach ordinances, orders, codes, laws, rules, regulations, directives, and guidelines. The successful proposer shall be liable for any damages or loss to Delray Beach occasioned by negligence of the successful proposer (or agent) or any person the successful proposer has designated in the completion of the contract as a result of the proposal of this Bid. 10. CERTIFICATE OF INSURANCE: The successful proposer(s) will submit to the City current certificate(s) of insurance with the following limits: 1.Worker’s Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer’s Liability with a limit of $100,000 each accident. 2.Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: Bid 2016-014 Janitorial Supplies 7 a. Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Premises and/or Operations. c. Independent Contractors. d. Products and/or Completed Operations. e. No exclusion for Underground, Explosion or Collapse hazards. 3.Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a. Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles. c. Hired and Non-Owned Vehicles. d. Employer Non-Ownership. The City prefers the insurance and bonding companies to have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City’s Insurance and/or Bond requirements, please contact the City’s Risk Management Office at (561) 243-7150. 11. AWARD OF BID:The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City’s judgment will best serve the City’s interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12. BILLING INSTRUCTIONS – AWARDED FIRM:Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. 13. TAXES:The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 14. EXCEPTIONS TO CONDITIONS, 1 THRU 13 (Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 15. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City’s property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 16. ANTI-COLLUSION: Bid 2016-014 Janitorial Supplies 8 A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 17. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest in the bidder’s firm or any of its’ branches. 18. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. 19. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 20. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 21. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any Bid 2016-014 Janitorial Supplies 9 element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Note:Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester’s bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester’s favor the entire protest bond is returned. If the protest is not decided in the protester’s favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier’s check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 NW 1st Ave Delray Beach, FL 33444 22. PUBLIC RECORDS: Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor agrees to: A. Keep and maintain all records that ordinarily and necessarily would be required by the City. B. Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. E. If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 23. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any 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. Bid 2016-014 Janitorial Supplies 10 24. OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city contracts, transactions, accounts and records. The City has entered into an Inter-local Agreement for Inspector General Services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to the Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 25. LOCAL PREFERENCE:In accordance with the City of Delray Beach Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business’ bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. Bid 2016-014 Janitorial Supplies 11 SECTION 2: SCOPE OF WORK Bid 2016-014 Janitorial Supplies A. PURPOSE: The City intends to secure a source for janitorial supplies for City facilities at the lowest responsive and responsible price. No guarantees or minimum quantities are implied. B. TERM: The initial term of the contract awarded shall be for two (2) years and be renewable for two (2) additional one (1) year periods. C. METHOD OF ORDERING:A series of Purchase Orders will be issued for this purchase. Invoice(s) for the products shall refer to the appropriate purchase order number. Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. D. INFORMATION: Any technical questions in regard to the submission of your bids and/or “Specifications” should be addressed in email to: purchasing@mydelraybeach.com. E. REFERENCES: Provide a list of three (3) clients/municipalities that have utilized the services being proposed to the City. Include the following information for each reference: Name Agency Telephone E-mail address F. BID FORMAT: Chapter 1 Letter of Intent and Form 1 Chapter 2 Proposer’s Statement of Organization Chapter 3 Qualifications Chapter 4 References Chapter 5 Form 2, Form 3 and Form 4 Chapter 6 Form 5 Acknowledgement of Addenda Chapter 7 Form 6 Proposed Cost Bid 2016-014 Janitorial Supplies 12 G. FACILITIES: City of Delray Beach Restroom/Stalls City Hall 20 City Attorney 2 Environmental Services 23 Fire Stations (1 thru 5)26 Old School Square (OSS) Garage 15 Parks and Recreation 188 Police Department 21 Wellness Center 2 H. SPECIFICATIONS: Attachment “A” list all supplies. I.QUANTITIES: Quantities stated are for bidder(s) guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous needs and estimated usage. J. REJECTED SUPPLIES: Supplies/Parts that are rejected for failure to meet prescribed minimum specifications shall be returned to the supplier at no cost to the City of Delray Beach. K. NOTICE OF AWARD: The City of Delray Beach will issue a “Notice of Award” letter to the successful bidder(s). However, it is and shall be understood and agreed that a Contract shall not be deemed to be awarded and validly entered into between the successful bidder(s) and the City until written notice has been given the awarded vendor(s) by the entity through its authorized agent, and purchase order shall be issued to the Bidder(s) covering same. An award shall be made on the basis of lowest total PER ITEM to the responsible/responsive bidder meeting specifications which is in the best interest of the City. This bid may be awarded in total or in parts whichever is deemed to be in the best interests of the participating entities. L. FIRM PRICE: THE CITY REQUIRES A FIRM FIXED PRICE ON THE UNIT PRICES AS BID FOR THE CONTRACT PERIOD. YOUR UNIT COST AND UNIT SHIPPING SIZE MUST REFLECT THE SAME MEASURE AS THOSE SPECIFIED IN UNIT Bid 2016-014 Janitorial Supplies 13 SHIPPING SIZE STATED IN THE SCHEDULE OF PRICING. Invoicing shall reflect same unit shipping size as stated on pricing sheet. Unless otherwise approved by each participating governmental entity, additional charges imposed by local, state, or federal agencies organizations shall be borne by awarded vendor. M. DELIVERY: All prices shall be quoted to include delivery and inspection fees, if applicable, to the points as requested by the Cities Materials shall be available for delivery in the quantities specified by the City within an acceptable time frame (one to five business days) after an order has been submitted. In case an emergency is experienced by the City, the Contractor is requested to supply the needed material immediately. In the event the Contractor is unable to respond as needed, whether to standard orders or emergency orders, the City reserves the right to purchase the product on the open market. Such purchases shall not be considered a breach of contract by the City or the Contractor. Delivery dates/times shall be pre-scheduled with appropriate personnel from the City or as stipulated on Purchase Order The City shall also require shipments be palletized & shrink wrapped and will be stated so on Purchase Order. N. SAFETY STANDARDS: Manufactured items, fabricated assemblies and on-site contractor services shall comply with all applicable federal, state and local requirements. For on-site contractor services, the City reserves the right to request documentation of contractor compliance with OSHA standards to include but not be limited to: required employee safety & health training, written safety and health programs, provision of required personal protective equipment (PPE), and/or provision and use of required atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a Material Safety Data Sheet (MSDS), as required by the Occupational Safety and Health Act (OSHA) of 1970; as amended, and any other applicable federal, state and local regulations. Bid 2016-014 Janitorial Supplies 14 SECTION 3: FORMS FOR BID Each Proposer must complete and submit the forms included in this Section 3 of the Bid. A Proposer may be disqualified if its forms are not completed fully and in compliance with the instructions contained herein. Form 1.Proposer’s Submittal Form 2.Public Entity Crimes Form 3.Drug-Free Workplace Form 4.Conflict of Interest Form 5.Acknowledgement of Addenda Form 6.Cost Proposal Bid 2016-014 Janitorial Supplies 15 Form 1 Bid Submittal Signature Page By signing this Bid, the Proposer certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Firm Name Signature Name and Title(Print or Type) Date By signing this document, the Proposer agrees to all terms and conditions of this Solicitation. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BIDDER NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY B I D THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS BID. Bid 2016-014 Janitorial Supplies 16 Form 2 Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-Proposer, 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 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date Bid 2016-014 Janitorial Supplies 17 Form 3 Drug-Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1)This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2)This firm informs employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3)This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4)In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5)This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6)This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Firm Name Signature Name and Title(Print or Type) Date Bid 2016-014 Janitorial Supplies 18 Form 4 Conflict of Interest Disclosure Form The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest in the Proposer’s firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this contract. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: _________ To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this proposal. _________ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this proposal. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date Bid 2016-014 Janitorial Supplies 19 Form 5 Acknowledgment of Addenda The Proposer hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this Bid. The Proposer acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM NUMBER DATE RECEIVED PRINT NAME OF PROPOSER’S AGENT TITLE OF PROPOSER’S AGENT SIGNATURE OF PROPOSER’S AGENT Bid 2016-014 Janitorial Supplies 20 Form 6 Schedule of Pricing Bid 2016-014 Janitorial Supplies A. COST- Attachment “A” B. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT:Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? Yes No C. BID INFORMATION WAS OBTAINED FROM: DemandStar BidSync Newspaper Ad City Hall Other, please specify: _____________________________________ Bid 2016-014 Janitorial Supplies 21 Attachment A Bid 2016-014 Janitorial Supplies Pages (1 thru 5) \\Itsrvf001\departments\Finance\Purchasing\FY 2016\2016-014 Janitorial Supplies\2016-014 Attachment A.xlsx Janitorial Supplies Description Unit of Measure Product Number Supplier Brand Name Offered Vendor Product Number Price per Unit 1 36' Niffy Nabber Extension Arm with Claw each 17701 Northern Safety a nd Industrial 2 Air Freshener REN03530-CT 880459)RCJlOWO 3 Air Freshener- Febreez Gold coast (Dora) 4 Air Freshener- Misty (Own Label) Gold coast (Dora) 5 Bayberry Sent Off Insect Repellent- Off Brand CB717649 6 Big Belly Bags- Item MOD19279 Northern Safety a nd Industrial 7 Biohazard Bags/THF S-12985 Uline 8 Bleach 6 bottles/case G00077 Dade Paper 9 Bowl Brushes- Unisan UNS150 Supply Works 10 Bowl Cleaner- Bowlex ARMR925 Gold coast (Dora) 11 Brooms- Unisan 932A Gold coast (Dora) 12 Cascade J00129 Dade Paper 13 C-Fold 444048 Reliable 14 Class 2 Economy Reflective Hi-Vis Traffic Safety Vest each 23259 15 Clorox Wiper (160)6 canister/case G00023 Dade Paper 16 Comet J00152 Dade Paper 17 Coreless Toilet Paper 40007 18 Dakura Polarized Lens Safety Glasses each 32399 Northern Safety a nd Industrial 19 Dawn 8 bottles/case J00145 Dade Paper 20 Doggie Waste Bags- (Makes their own) 60791 Northern Safety a nd Industrial 21 Ear Plugs- 3M 87128 Supply Works 22 Ear Plugs- 3M CAP3M Gold coast (Dora) 23 Facial Tissue 214001351 Kleenex 24 Febreeze 8 bottles/case C00092 Dade Paper 25 Fire Ant and Roach Killer- (Own Label)Gold coast (Dora) 26 Fire Ant Injector- Misty A01490 Gold coast (Dora) 27 Foam Disinfect Cleaner 12 oz 12 per case RENO5014AM Supply Works 28 Foam Up Antibacterial Soap (Own Label) 1000 ml 6 per case CHE280 Armchem International 29 Foamee Cleaner- Own label Gold coast (Dora) 30 Furniture Polish 12 cans/case F00125 Dade Paper 1 Janitorial Supplies Description Unit of Measure Product Number Supplier Brand Name Offered Vendor Product Number Price per Unit 31 Garbage Bags 24" x 33" Clear High Density 6 Mic Refuse Weight Can Liner 15 Gallon 1000 bags/case 061966 Dade Paper 32 Garbage Bags 40" x 46" Black Low Density 1.50 Mil XX Heavy Can Liner 45 Gallon 100 bags/case 061008 Dade Paper 33 Glass Cleaner Aerosol 12 cans/case F00024 Dade Paper 34 Glass Cleaner- Klear view- (Own Label) 620 Gold coast (Dora) 35 GoJo 816050 Staples 36 Graffiti Remover- Sparta SPA3171 Gold coast (Dora) 37 Gray Lens Safety Glasses each 19696 Northern Safety a nd Industrial 38 Grill Brick 8 IN. X 4 IN. X 3-1/2 IN. BLACK 12 per case YYYGRIDBRICK Supply Works 39 Grill Brushes 882060 Supply Works 40 Hand Cleanser - LUXURY FOAM 1000ML FRAGRANCE/DYE FREE 6 per case KCC91565 Supply Works 41 Hand Cleanser Luxury Foam Fragrance and Dye Free Skin Cleanser - 1000 ml Refill 6 cartridges/case L03018 Dade Paper 42 Hand soap REN02503 Renown 43 Handle truck brush 60 IN. THREADED 15/16 IN. DIAMETER 12 per case REN03975 Supply Works 44 Heavy Duty Gloves (3M)29574 Supply Works 45 Insect Fogger- Jet Force 4380 Gold coast (Dora) 46 Insect Repellant Gold coast (Dora) 47 Large Size Plastic Dot String Knit Work Gloves pair 15807 Northern Safety a nd Industrial 48 49 Lotion Soap- Kutol 800 ml 12 per case CAB006 Armchem International 50 Lysol - Fresh Scent 12 cans/case C00087 Dade Paper 51 Lysol - Original Scent 12 cans/case C00084 Dade Paper 52 Mop Heads- Unisan Gold coast (Dora) 53 Napkins -Reliable 444048 54 Nitrile Gloves- Renown LARGE, POWDER-FREE, 100 gloves per box, 10 boxes per case RENO5236 Supply Works 2 Janitorial Supplies Description Unit of Measure Product Number Supplier Brand Name Offered Vendor Product Number Price per Unit 55 Oven Cleaner 12 bottles/case K00095 Dade Paper 56 Paper Towels- Renowan 2-PLY PAPER TOWELS, WHITE, 6.92X12.00 IN 6 rolls/case REN06115-WB Supply Works 57 Paper Towels White 1-Ply Controlled Roll Towel 6 rolls/case 347905 Dade Paper 58 Paper Towels 6 per case MER8400 Armchem International 59 Pine Cleaner 1 Gallon 4 bottles/case C00160 Dade Paper 60 Pinesol CL035418 Gold coast (Dora) 61 Pinesol 144 oz 3 per case CL035418 Supply Works 62 Plastic Bag 10 gal., Dimensions: 15"W x 9"D x 24"L, 1.0, Color: Black 500 case 9911025 Calico Industries 63 Plastic Bag 20-30 gal., Dimensions: 16"W x 14"D x 37"L, 4.0, Color: Black 100 case 9910252 Calico Industries 64 Plastic Bag 56 gal., Dimensions: 22"W x 16"D x 60"L, 2.0, Color: Black 100 case 9910585 Calico Industries 65 Plastic Drinking Cups- Galaxy (7 oz.) 2,000 per case SOLY7RH-0100 Supply Works 66 Purell 24 bottles/case L05159 Dade Paper 67 RENOWN Soap REN02496 AmSan 68 Roll Towel l 31600 Wausau Paper 69 Roll Towel 21400 Wausau Paper 70 Rubber Palm Gloves Coated Gray Work Gloves pair 30745 Northern Safety a nd Industrial 71 Shop Rags WYPALL X60 LT WT BRAG BOX WIPER 12.5"X16.8 WHITE 1 box, 180ct/case KCC34015 Supply Works 72 Shredder Bags 401374 Office Depot 73 Shredder Bags 921 Progressive Business Systems 74 Simple Green All Purpose Industrial Cleaner & Degreaser 6 bottles/case D00099 Dade Paper 75 Solo Drinking Cups (7oz.) BWKTC Gold coast (Dora) 76 Sponges 20 Sponges/case K02102 Dade Paper 77 Stainless Steel Cleaner 12 cans/case K01010 Dade Paper 3 Janitorial Supplies Description Unit of Measure Product Number Supplier Brand Name Offered Vendor Product Number Price per Unit 78 Stainless Steel Scrubber 1.75 OZ 12 per case RENO2110 Supply Works 79 Styrofoam Cups 80097 Dade Paper 80 Tilex - Mildew Remover 9 bottles/case L01222 Dade Paper 81 Tilex - Scum Remover 32 oz Spray Bottle 9 bottles/case L01230 Dade Paper 82 Toilet Bowl Cleaner 12 bottles/case L01216 Dade Paper 83 Toilet Paper REN06126-WO Renown 84 Toilet Paper - White 2-Ply Jr Jumbo 12 rolls/case 376016 Dade Paper 85 Toilet Paper 2-PLY CONTROLLED- USE BATH TISSUE WITH OPTICORE®, WHITE, 3-3/4X4 IN., 865 SHEETS PER ROLL 36 rolls per case REN06125-WB Supply Works 86 Toilet Paper- Eco Soft 2-PLY, 2,000 FT. PER ROLL 6 rolls/case BWP20020 Supply Works 87 Toilet Seat Covers HOS-HG1000 Gold coast (Dora) 88 Toilet Tissue- (Own Label)BWK 6102 89 Trigger Spray Bottles (16 oz.) Gold coast (Dora) 90 Truck Brush VEHICLE BRUSH FLO- THRU FLAGGED 10 INCH REN03962 Supply Works 91 Urinal screen CLEAN BREEZE, WITH NON-PARA BLOCK 12 per box, 6m boxes per case REN03009-FR Supply Works 92 Urinal/ Toilet Cleaner REN02836-MS Renown 93 Urinal Cakes 94 Vinegar DISTILLED WHITE 5% GALLON 4 per case YYY71742-99414 Supply Works 95 Windex 32 oz spray JDB90139 Supply Works 96 Wipes l-40 Wypall 4 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-435,Version:1 TO: Mayor and Commissioners FROM:Jeffrey S. Goldman, Chief of Police THROUGH: Neal de Jesus, Interim City Manager DATE:May 16, 2017 FACILITY USE AGREEMENT FOR POLICE OFFICER TRAINING BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE USE OF FORMER PLUMOSA ELEMENTARY SCHOOL. Recommended Action: Motion to Approve an Agreement for Police Officer training between the City of Delray Beach and the School Board of Palm Beach County (“Board”) to allow the use of former Plumosa Elementary school as a training facility. Background: This Agreement will allow the Delray Beach Police Department to use the campus and building (“Board Facilities”) on property owned by the Board known as the former Plumosa Elementary School for officer training. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: N/A City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-428,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: May 16, 2017 SETTLEMENT IN THE CASE OF GUY BUZZELLI V. CITY OF DELRAY BEACH Recommended Action: Motion to settle the case of Guy Buzzelli v. City of Delray Beach for the reasons discussed in the confidential memorandum previously distributed to the City Commission. Background: This agenda item requests the City Commission to consider settlement of this pending case against the City. City Attorney Review: City Attorney recommends approval. City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-419,Version:1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Director of Parks and Recreation THROUGH: Neal de Jesus, Interim City Manager DATE: May 16, 2017 SCHOOL READINESS PROGRAM FOR THE AFTERSCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE COMMUNITY CENTER WITH THE EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. Recommended Action: Motion to Approve the renewal of the agreements between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach. Background: The attached agreements are between the Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach to continue reimbursable funding through the School Readiness Program for the Afterschool Program located at Pompey Park and Community Center. The term of the agreements is July 1, 2017 through June 30, 2018. The agreements continue to provide reimbursable funding through the School Readiness program for the afterschool and summer camp programs. Children enrolled through the program will be funded at a reimbursable rate (less the applicable parent fee) to the City at $11.00/child/part-time day and $12.50/full-time day. The City of Delray Beach Parks and Recreation Department, in conjunction with the Early Learning Coalition through the School Readiness Program, provides an Out of School Youth Program for children ages 5 to 12, with a supervised, structured program of traditional and non-traditional recreational and sporting activities, and homework assistance from certified teachers. The program targets "latchkey" children in the community without adult supervision during after school and summer vacation hours. The Out of School Program is a 12 month program and includes: Afterschool Program, Day and 1/2 Day Camps, and Holiday, Spring and Summer camps. The City has been providing the Out of School Program since 1997 (20 years) and Summer Camp for over 30 years. Enrollment is at 75-80 per site. The City staffs the program with 1 full-time all year and 15 part-time during the afterschool program and 18 part-time during the summer. The Out of School Program gives children the opportunity to experience a safe, educational and recreational environment. Based on City funding it cost $2,144/child for a full year. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-419,Version:1 Finance Department Review: Finance recommends approval. Funding Source: Anticipated reimbursement revenue can be found in 001-0000-366-07.00 (General Fund: Family Central/Early Learning Coalition). Expenses are included in the After School budget. Timing of Request: This item is time sensitive due to the electronic submittal timeline. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-424,Version:1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Director of Parks and Recreation THROUGH: Neal de Jesus, Interim City Manager DATE: May 16, 2017 CHILDREN'S SERVICES COUNCIL (CSC) SCHOLARSHIP PROGRAM FOR THE AFTERSCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE COMMUNITY CENTER WITH THE EARLY LEARNING COALITION OR PALM BEACH COUNTY, INC. Recommended Action: Motion to Approve renewal of the agreements between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach. Background: The attached agreements are between the Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach to continue reimbursable funding through Children's Services Council (CSC) Scholarship Program for the Afterschool Program located at Pompey Park and Community Center. The term of the agreements is July 1, 2017 through June 30, 2018. The agreements continue to provide reimbursable funding through CSC Scholarshhip Program for the afterschool and summer camp programs. Children enrolled through the program will be funded at a reimbursable rate (less the applicable parent fee) to the City at $11.00/child/part-time day and $12.50/full-time day. The City of Delray Beach Parks and Recreation Department, in conjunction with the Early Learning Coalition through the CSC Scholarship Program, provides an Out of School Youth Program for children ages 5 to 12, with a supervised, structured program of traditional and non-traditional recreational and sporting activities, and homework assistance from certified teachers. The program targets "latchkey" children in the community without adult supervision during after school and summer vacation hours. The Out of School Program is a 12 month program and includes: Afterschool Program, Day and 1/2 Day Camps, and Holiday, Spring and Summer camps. The City has been providing the Out of School Program since 1997 (20 years) and Summer Camp for over 30 years. Enrollment is at 75-80 per site. The City staffs the program with 1 full-time all year and 15 part-time during the afterschool program and 18 part-time during the summer. The Out of School Program gives children the opportunity to experience a safe, educational and recreational environment. Based on City funding it cost $2,144/child for a full year. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-424,Version:1 Finance Department Review: Finance recommends approval. Funding Source: Anticipated reimbursement revenue can be found in account number 001-0000-366-07.00 (General Fund: Family Central/Early Learning Coalition). Expenses are included in the After School budget. Timing of Request: This item is time sensitive due to the electronic submittal timeline. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-447,Version:1 TO: Mayor and Commissioners FROM:Michael Coleman, Director, Community Improvement THROUGH:Chief Neal de Jesus, Interim City Manager DATE: May 16, 2017 REQUEST FOR SUBORDINATION OF SECOND MORTGAGE FOR 218 SE 4 th Avenue Recommended Action: Motion to Approve a request for the City of Delray Beach ("City") to subordinate its second mortgage position in the amount of $32,241.05 for the property located at 218 SE 4 th Avenue. Background: Ms. Mankoff participated in the City's Community Development Block Grant (CDBG) under its Rehabilitation Strategy in March of 2013. Subsidies provided for rehabilitation assistance through the Neighborhood Services Division are secured by a Housing Rehabilitation Agreement. All deferred payment loans require the applicant to maintain ownership/residence for a specified period according to the amount of the grant. Loan amounts less than $35,000 per unit have a recapture period of fifteen (15) years. Ms. Mankoffs' mortgage company has agreed to modify her current loan by reducing the interest rate from 6.375% to 4.750%, decreasing the monthly payment (including insurance and tax escrows) from $596.44 to $402.72 . Also decreasing the total interest to be paid over the term of the loan by $67,779.20. The action before the City Commission is authorization and approval to subordinate its existing second mortgage loan to Ms. Mankoff' new loan, thereby enabling Ms. Mankoff to modify her mortgage to reduce the interest rate and total interest obligation. If approved by the City Commission, the City will continue to be in the second secured position behind the new first mortgage loan. The City’s decision whether or not to subordinate is rendered on a case-by-case basis with the primary objective being “increasing the affordability of housing”. This request maintains the City’s mortgage in second position and allows Ms. Mankoff to refinance the current first mortgage. There is no debt consolidation or cash-out involved in this refinancing; the lower interest rate will increase the affordability of his home which meets the intent of the program. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-447,Version:1 No funding is necessary. Timing of Request: This request is urgent to meet homeowner’s deadline of May 25, 2017 to close on the refinance loan with lender. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ Prepared by and Return to: Neighborhood Services Division City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 SUBORDINATION AGREEMENT WHEREAS, undersigned is the owner and holder of that certain agreement executed by MICHELE MANKOFF to CITY OF DELRAY BEACH, Florida to secure an original indebtedness of $32,241.05, said, promissory note being dated the 27th of February 2013, and recorded on March 25, 2013 in Official Record Book 25898 Pages 0103 in the Public Records of PALM BEACH County, Florida said Agreement encumbering the following described lands situate in Palm Beach County, Florida: LEGAL DESCRIPTION: Lot 17, Block 95 of LINNS’s ADDITION TO OSCEOLA PARK, according to the Plat thereof recorded Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida. PID # 12-43 46 16 04 095 0170 WHEREAS, a portion or all and aforedescribed have been mortgaged by MERS, Inc. for Wachovia Mortgage to Wells Fargo Bank., its successors and /or assigns, as their interest may appear (hereinafter called the LENDER) to secure a mortgage loan of $77,200 said mortgage to the lender being dated and filed in Official Record Book _______, Page ______, Public Records of Palm Beach County, Florida. WHERAS, the LENDER would not close its mortgage loan and disburse the proceeds thereof unless its mortgage were a first lien, superior in right and dignity to the lien of the Mortgage held by the undersigned: NOW, THEREFORE, For and in consideration of One Dollar, in hand paid by the LENDER, receipt whereof is hereby acknowledged, and to induce the LENDER to disburse the proceeds of its mortgage loan aforedescribed, the undersigned do hereby represent, warrant, covenant and agree as follows: 1. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, together with the indebtedness secured thereby, is owned by the undersigned and that neither said mortgage nor said indebtedness has been assigned, transferred, or pledged to any person whomsoever, so that the undersigned have full right, and authority to execute this SUBORDINATION AGREEMENT. 2. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, and the same hereby is declared to be for all times inferior and subordinate in lien, right and dignity to the mortgage held by the LENDER hereinabove described, just as though said mortgage to the LENDER were executed, recorded and closed prior to the execution of the mortgage held by the undersigned and herein subordinated. Prepared by and Return to: Neighborhood Services Division City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _______ day of _________________, 2017. Signed sealed and delivered in the presence of: ___________________________________ CITY OF DELRAY BEACH Witness (Print) ___________________________________ By: ________________________________ Witness (Print) Mayor Print: _______________________________ Address: 100 NW 1st Avenue, Delray Beach, Florida 33444 State: FLORIDA County of PALM BEACH The foregoing instrument was acknowledged before me this _____ day of ______________, 2017 by _______________________ as, Mayor of City Delray Beach, He/She is personally known to me or has produced a driver’s license as identification _______________________________________ Approved as to form and Notary Public legal sufficiency: Printed name: ____________________________ My Commission Expire: By: _____________________________ (SEAL) City Attorney City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-440,Version:1 Proclamation - Better Hearing Month - May 2017 City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™ WHEREAS, Audiologists in Delray Beach, Florida, and nationwide observe and celebrate Better Hearing Month each year during the month of May; and WHEREAS,the city of Delray Beach recognizes and values the efforts of all who work to eliminate or minimize the isolating effects of communication disorders in the one in five families affected by them; and WHEREAS, more than half of the people with hearing loss are younger than age 65; and WHEREAS, hearing loss is the third most common health problem in the United States; and WHEREAS, our citizens who have overcome communication disabilities through the services of Audiologists are now able to lead independent, productive, and fulfilling lives; and WHEREAS, the city of Delray Beach is proud and honored to have Audiologists offering quality education and health care services to its citizens. NOW, THEREFORE, I, Cary D. Glickstein,Mayor of the City of Delray Beach, on behalf of the City Commission, do hereby proclaim May 2017 as: “Better Hearing Month” and encourage all citizens to recognize the achievements of Audiologists in improving the quality of life for people with communication disorders. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach to be affixed this 16 th day of May, 2017. _______________________________ CARY D. GLICKSTEIN MAYOR City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-438,Version:1 Proclamation - National Safe Boating Week - May 20-26, 2017 City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™ WHEREAS,recreational boating is fun and enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands; and; WHEREAS,not knowing or obeying the Navigation Rules or the nautical “Rules of the Road,” drinking alcohol or taking drugs while operating a boat, or choosing not to wear your life jacket when doing so is clearly not the smart thing to do, are all examples of human error or a lack of proper judgment; and WHEREAS,one particular behavior that can reduce the number of boaters who lose their lives by drowning each year by approximately 80% is the wearing of a life jacket. It is a simple task that has the potential to reduce terrible loss in lives; and WHEREAS,knowledge and skills are important in reducing human error and improving judgment. If people are aware of the risk, they are likely to take the precautionary measures to protect themselves and their friends and family; and WHEREAS,that is why we must continue to spread the messages of boating safety not only during National Safe Boating Week but also throughout the entire year; and WHEREAS,on average, 700 people die each year in boating-related accidents in the U.S.; approximately 70% of these are fatalities caused by drowning; and WHEREAS,the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors. A significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS,today's life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today’s boating public. NOW THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray, Florida, on behalf of the City Commission, do hereby proclaim May 20-26, 2017, as: NATIONAL SAFE BOATING WEEK in the City of Delray Beach. We urge all citizens to start the year-round effort of promoting safe boating habits by encouraging all those who boat, to “Wear it.” IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of May 2017. ______________________________ CARY D. GLICKSTEIN MAYOR City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-437,Version:1 Proclamation - Amateur Radio Week - June 19-25, 2017 City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™ WHEREAS, Amateur Radio operators are celebrating over a century of the miracle of the human voice broadcast over the airwaves; and WHEREAS,Amateur Radio has continued to provide a bridge between peoples, societies and countries by creating friendships and the sharing of ideas; and WHEREAS, Amateur Radio Operators have also provided countless hours of community services both in emergencies and to other local organizations throughout these decades; and WHEREAS, these Amateur Radio services are provided wholly uncompensated; and WHEREAS,the State also recognizes the services Amateur Radio’s people also provide to our many Emergency Response organizations, including the City of Delray Beach; and WHEREAS, these same individuals have further demonstrated their value in public assistance by providing free radio communications for local parades, bike-a-thons, walk-a-thons, fairs and other charitable public events; and WHEREAS, the city of Delray Beach recognizes and appreciates the diligence of these “hams” who also serve as weather spotters in the Skywarn program of the US Government Weather Bureau; and WHEREAS, the ARRL is the leading organization for Amateur Radio in the USA; and WHEREAS, the ARRL Amateur Radio Field Day exercise will take place on June 24-25, 2017 and is a 24 hour emergency preparedness exercise and demonstration of the Radio Amateurs’ skills and readiness to provide self-supporting communications without further infrastructure being required. NOW THEREFORE, I, CARY D. GLICKSTEIN,Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim June 19-25, 2017 as: AMATEUR RADIO WEEK IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 16 th day of May, 2017. _____________________________ CARY D. GLICKSTEIN MAYOR City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-413,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Neal de Jesus, Interim City Manager DATE: May 16, 2017 REPORT OF APPEALABLE LAND USE ITEMS FROM APRIL 3,2017 THROUGH APRIL 21, 2017 Recommended Action: By motion, receive and file this report. Background: Section 2.4.7(E),Appeals,of the Land Development Regulations applies.This is the method of informing the City Commission of the land use actions which may be appealed to the City Commission.After this meeting,the Commission’s appeal opportunity shall expire.An appeal by an aggrieved party must be made within 10 working days of the action. To appeal: ·The item must be raised by a Commission member. ·By motion,an affirmative action must be taken to place the item on the next available meeting of the Commission as an appealed item. During the specified period,the Site Plan Review and Appearance Board and the Historic Preservation Board considered the projects noted below.For the items below,a project report including the Board Staff Report is attached.No other Boards took action on any appealable applications during this period. SITE PLAN REVIEW AND APPEARANCE BOARD ITEM A.PALM TRAIL TOWNHOMES, 912 Palm Trail Request:Class V Site Plan,Landscape Plan and Architectural Elevations for the construction of 2 buildings containing 5 townhomes each (10 dwelling units). Board Action:Approved with conditions on a 6 to 0,the Class V Site Plan,Landscape Plan and Architectural Elevation Plan.Additionally a waiver to LDR Section 4.6.14(B)(1)to allow the sight visibility triangles located on Palm Trail and McKee Lane and the north Parcel of Palm Trail and Witherspoon Lane to exist at 25’ x 25’ whereas 40’ is required. ITEM B.SCHUMACHER AUTOMOTIVE DELRAY, 1835 Old Dixie Highway Request:Class V Site Plan,Landscape Plan,and Architectural Elevations for a new one- story building,reconfiguration of parking areas,and modification of an existing City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-413,Version:1 story building,reconfiguration of parking areas,and modification of an existing building to create additional office space. Board Action:Approved with conditions the Class V Site Plan,Landscape Plan and Architectural Elevations on a 6 to 0 vote. HISTORIC PRESERVATION BOARD ITEM C.4 EAST ATLANTIC AVENUE The Board took considered two requests for this property. 1.Request:Consideration of a color change to a contributing structure,located within the Old School Square Historic Arts District. Board Action:Approved the color change on a 5 to 0 vote (Bill Bathurst and John Klein absent). 2.Request:Consideration of an amendment to the Blanket Sign Program for 4 East Atlantic Avenue. Board Action:Approved on a 5 to 0 vote (Bill Bathurst and John Klein,absent). Concurrently the Board recommended approval on a 5 to 0 vote, of a sign waiver to allow signage on the east elevation which does not face a dedicated right-of-way. Attachments: Location Map - Palm Trail Townhomes - Schumacher Automotive Delray - 4 East Atlantic Avenue City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: Action must be taken by the City Commission at the next available meeting following the Board’s actions. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ C A B I - 9 5 S M i l i t a r y T r l Lake Ida Rd W Li nton Blv d W Atlantic Ave S C o n g r e s s A v e B a r w i c k R d S W 4 t h A v e Lows on Bl vd N S w i n t o n A v e N E 2 n d A v e O l d D i x i e H w y S F e d e r a l H w y SW 1 0th St S W 8 t h A v e H o m e w o o d B l v d N C o n g r e s s A v e N E 5 t h A v e N E 6 t h A v e SW 2nd St S E 6 t h A v e S E 5 t h A v e NW 2nd St S S w i n t o n A v e L i n d e l l B l v d N F e d e r a l H w y N O c e a n B l v d Old Germantown Rd E Atlantic Ave S W 1 0 t h A v e E Linton Blvd N W 8 t h A v e N W 4 t h A v e SE 10th St S O c e a n B l v d I - 9 5 I -9 5 I - 9 5 I -9 5 I -9 5 I - 9 5 I - 9 5 I -9 5 I -9 5 PLANNING, ZONING&BUILDING DEPARTMENT CITY COM MISSION MEETING APPEALABLE ITEMSMAY 16, 2017 Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\City Commission Maps\City Commission Map 5-16-17.mxdDate: 4/20/2017 SPRAB:A. PALM TRAIL TOWNHOMESB. SCHUMACHER AUTOM OTIVE DELRAY HPB:C. 4 EAST ATLANTIC AVENUE Planning , Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: 912 Palm Trail Project Location: 912 Palm Trail Request: Class V Site Plan Modification Landscape Plan, and Architectural Elevations associated with the construction of 10 townhomes. Board: Site Plan Review and Appearance Board Meeting Date: April 12, 2017 Board Action: Approved (6-0) for site plan, landscape plan and architectural elevation changes associated with a Class V site plan modification for 912 Palm Trail with the conditions: 1. Pursuant to LDR Section 4.3.3(O)(2) and 5.1.3(A), a plat and/or replat is required. Provide the separate application(s) and processing fee(s) required per LDR Section 2.4.3(K)(1)(l). 2. That a park impact fee of $500.00 per unit ($5,000 total) be paid prior to the issuance of a building permit. 3. Sight Visibility Waiver is approved by the City Commission. 4. That a note be added to the plan prior to site plan certification that all service utilities be placed underground. 5. 6. The Palm Trail street alley be corrected on the plans to reflect a 20’ x 10’ sight visibility. 7. That a landscape maintenance plan be executed. 8. Require landscaping around the transformers along Palm Trail. Project Description: The development proposal consists of the following: • Demolition of the two existing buildings • Construct two fee simple townhome buildings with five units on each separately platted lot. • Each individual unit is three bedroom town home (the under-air square footages for Unit “A” is 3,973 sq. ft., Unit “B” is 4,932 sq. ft. and Unit “C” is 4,052 sq. ft.). All units will accommodate a two-car garage. Each unit will be three stories. • Installation of a 6 ft. aluminum fence with a 3’ x 6’ gate in a bronze finish. • Installation of grade level pools. • Installation of associated landscaping. • Waiver request. Appealable Item Report 2 Staff Recommendation: Approval Board Comments: none Public Comments: none Associated Actions: Waiver Request for Sight Visibility to Commission Next Action: The SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 12, 2017 ITEM: 912 Palm Trail (2017-001) – Approval of a Class V Site Plan Modification and associated Landscape Plan, Architectural Elevations and W aiver request RECOMMENDATION: GENERAL DATA: Approval with conditions Applicant/Owner.......................... Shovel Ready Projects, LLC Agent.......................................... Richard Jones Architects Inc. Location...................................... Westside of Palm Trail north of George Bush Blvd. Property Size.............................. 0.953 acres Future Land Use Map............... MD (Medium Density) Current Zoning............................ RM (Multiple Family Residential) Adjacent Zoning................North: RM East: R-1-A (Single Family Residential) South: RM West: RM Existing Land Use...................... 13 Unit Multiple Family Development Proposed Land Use…………… Two townhome units with 5 units each Water Service......................... Existing on site via an 6” water line in the Palm Trail, McKee Lane and Witherspoon Lane right of way. Sewer Service........................ Existing on site via an 8” water line throughout the neighborhood. ITEM BEFORE THE BOARD The item before the Board is the approval of a Class V Site Plan Modification and associated Landscape Plan, Architectural Elevations and Waiver request for 912 Palm Trail, pursuant to Land Development Regulations (LDR) Section 2.4.5(F)(1)(a). BACKGROUND This project is located on Palm Trail north of George Bush Blvd between McKee Lane and Witherspoon Lane on two separate parcels, and consists of Kenmont First addition lots 8 to 11 inclusive according to plat therof as recorded in plat book 22, page 24 of the public records of Palm Beach. The property consists of 0.953 acres with 13 units and it is currently zoned (RM) Multiple Family. The existing structures were built in 1960. PROJECT DESCRIPTION The development proposal consists of the following: • Demolition of the two existing buildings • Construct two fee simple townhome buildings with five units on each separately platted lot. • Each individual unit is three bedroom town home (the under-air square footages for Unit “A” is 3,973 sq. ft., Unit “B” is 4,932 sq. ft. and Unit “C” is 4,052 sq. ft.). All units will accommodate a two-car garage. Each unit will be three stories. • Installation of a 6 ft. aluminum fence with a 3’ x 6’ gate in a bronze finish. • Installation of grade level pools. • Installation of associated landscaping. • Waiver request. SITE PLAN ANALYSIS Items identified in the Land Development Regulations (LDR) shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.4.6 RM Zone District: Pursuant to LDR Section 4.4.6; the Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six units per acre and a maximum of twelve units per acre for this property. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. LDR Section 4.4.6(I) Performance Standards: Pursuant to LDR Section 4.4.6(I), the following standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six units per acre, the approving body must make a finding that the development substantially SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 2/15 complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City’s Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: The density of the overall development is 10.5 units per acre, which requires a finding of substantial compliance with all applicable Performance Standards since it exceeds six units per acre. The following are the specific Performance Standards with an analysis of each: a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. Analysis This performance standard applies to larger developments that include an interior road network. Thus, this performance standard is not applicable. b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. Analysis The proposed three story residential development is designed with a 25’ side setback on each side which reduces the overall massing and provides a feeling of open space between the subject development and the adjacent properties. There is an additional 5’ front setback and interior side setback for the 3rd story which reduces overall massing and provides a level transition from second to third level. The middle unit is staggered 5’ to 8’ from the end unit to help reduce the building frontage size while providing an individual entrance for each residence. Each unit has a functional outdoor area which includes a ground swimming pool, open space and landscape area. Based on the above, a finding of compliance can be made. c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. Analysis The proposed development is surrounded to the north and south by RM (Multiple Family Residential - Medium Density) zoning designated properties; to the west and north by RL (Multiple Family Low Density) and to the east by R-1-A, single family homes, the current land use for surrounding properties varies from 5 to 10 unit condominium developments; the performance standard does not apply to the R-1-A to the east nor the the RL to the north as it is separated by a street and alley. The setback must be increased only on the west side of the north parcel by 25% which would be 31.25’ and the proposal is 25’1”, thus not meeting this SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 3/15 standard. However, there is a 6’ garden proposed along the west side with a lush underground landscaping, a 5’ Podocarapus Hedge and twenty eight 16’ Areca Palms. Therefore, the performance standard partially meets the required setback. d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. Analysis There are 5’ offsets found at ground level and each townhome has an open air terrace, ground level pool, courtyard, 2 story interior volumes at the front entry’s and varied window shapes and designs. Based on the above, the development proposal complies with this requirement. e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Analysis Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. This will provide opportunities that may be attractive to families. The project consists of five units per building. Yet of the 5 total there are three unique unit plans. Each unit plans unique configuration is based on its unique stair and elevator layout. There are three 2 bedroom floor plans and three upper levels with a bedroom, a club room and an open terrace. Due to square footage size of these units it is impractical to have one bedroom or two bedroom units. Therefore, this performance standard is not applicable. f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. Analysis Each of the 5 units per building will have lush landscaped private backyards and private swimming pools. In addition, the middle unit will have a landscape private courtyard. Since this standard is for larger projects, it does not apply to smaller in-fill developments. Therefore, this performance standard is not applicable. g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. Analysis The project is proposing new concrete sidewalks on all three sides of each building; this adds to the bicycle/pedestrian network of the area and enhances the walkability of the neighborhood and the access to the very close A1A. However, this standard pertains to larger developments and not in-fill projects. Therefore, this performance standard is not applicable. SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 4/15 Summary In conclusion, a finding of compliance can be made to (b) and (d) and partially to (c). With respect to (a), (e), (f), and (g) each of the standards is not applicable to the project. Pursuant to section 4.4.6(I)(2), it is acknowledged that some of the above referenced standards may not be entirely, applicable to small infill type residential projects. For those types of projects, the ultimate density should be based on the attainment of those standards which are applicable, as well as the developments ability to meet or exceed other minimum code requirements. LDR Section 4.4.6 (H) (Special Regulations - RM zone district): Pursuant to LDR Section 4.4.6(H)(3) recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than twenty-five (25) units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. This development will consist of two buildings of five fee-simple townhouse owner-occupied units. The development will not have a homeowners association as there is no retention, private streets or common areas. As there are only five units per building it is not practical to require a common tot lot or recreation area/swimming pool. It is noted that the proposal includes the construction of individual swimming pools for each unit. There is a City owner pocket park located to the north in the La Hacienda neighborhood that could easily be accessible by bicycle and the beach and downtown is also in walking distance. Based upon the above, compliance with this code requirement has been achieved. LDR Section 4.3.3(O) (Townhouse Design Standards): As described below, the development proposal complies with the design standards for townhouse developments outlined in LDR Sections 4.3.3(O)(4)(a) through (d): a) No more than two townhouses may be constructed without providing a front setback of no less than 4’ offset front to rear. The purpose of this requirement is to prevent a long linear appearance. The front setback for the proposed development is along Palm Trail for both the South and North Parcel. A 10’ off-set is provided for the units located along Palm Trail and additional 8’ for the middle unit. b) No townhouse row shall consist of more than 8 units or a length of 200’. The townhouse row consists of 2 units with one in the middle and is 125’ in length, thus meeting this code requirement. c) Service features, garages, parking areas, and entrances to dwelling units shall, whenever possible, is located on a side of the individual lot having access to the interior street. Walkways should be designed to connect dwelling units with each other and connect each dwelling unit with common open space. SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 5/15 This standard applies to large townhouse developments, and does not apply in this in-fill situation. d) Not less than 25% of the total area, less water bodies, shall be usable open space, either for recreational or some other suitable purpose, public or private. The basis for this standard is to assure that larger residential developments provide adequate recreational amenities. With smaller developments, provision of these amenities is not considered financially feasible, and the required contribution of $500.00 per unit (park impact fee) is considered adequate. It is noted, however, that the South parcel 30.75% of the site will be landscape/open space area and the North parcel 31.17%of of the site will be landscape/open space area. Platting: LDR Section 4.3.3(O)(2) and 5.1.3(A) (Plat required) states that each townhouse, or townhouse type development shall be platted. The plat must be recorded prior to issuance of any building permits, and this is attached as a technical item in Appendix “A.” LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K), as it pertains to the RM (Multiple Family Residential – Medium Density) zoning district: South Parcel Zoning RM (Medium Density – Multiple Family Residential) Required (1&2/3*) Proposed (1&2/3*) Building Setbacks (min.): - Front (east) 25’/30’* 25’-5”/30’-51/2” Interior Side 15’/30’* N/A Side Street (north) 25’/30’* 25’3”/30’1” Side Street (south) 25’/30* 25’2”1/2/30-0” Rear(west) 25-0” 25’-1” Maximum Lot Coverage: 40% 34.11% Open Space: 25% 30.75% Building Height (max.): 35‘ 35’ Minimum Floor Area: 3BR (Unit A) 1,250 sq. ft. 3,973 sq. ft. 3BR (Unit B) 1,250 sq. ft. 4,932 sq. ft. 3BR (Unit C) 1,250 sq. ft. 4,051 sq. ft. Minimum/Maximum Density:** 6-12 units/acre 5 units (10.5 units/acre) Min. Lot Size (sq.ft.) 8,000 sq. ft. 20,744 sq. ft. Min. Lot Frontage (ft.) 60 ft. 128.55 ft. Min. Lot Width (ft.) 60 ft. 128.55 ft. Min. Lot Depth (ft.) 100 ft. 149.92/187.05 ft. SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 6/15 North Parcel Zoning RM (Medium Density – Multiple Family Residential) Required (1&2/3*) Proposed (1&2/3*) Building Setbacks (min.): - Front (east) 25’/30’* 25’-5”/30’-51/2” Interior Side 15’/30’* N/A Side Street (north) 25’/30’* 25’6”/30’4” Side Street (south) 25’/30* 25’2”1/2/30-0” Rear(west) 25-0” 25’-1” Maximum Lot Coverage: 40% 34.03% Open Space: 25% 31.17% Building Height (max.): 35‘ 35’ Minimum Floor Area: 3BR (Unit A) 1,250 sq. ft. 3,973 sq. ft. 3BR (Unit B) 1,250 sq. ft. 4,932 sq. ft. 3BR (Unit C) 1,250 sq. ft. 4,051 sq. ft. Minimum/Maximum Density:** 6-12 units/acre 5 units (10.5 units/acre) Min. Lot Size (sq.ft.) 8,000 sq. ft. 20,7786 sq. ft. Min. Lot Frontage (ft.) 60 ft. 128.89 ft. Min. Lot Width (ft.) 60 ft. 128.89 ft. Min. Lot Depth (ft.) 100 ft. 149.84/187.05 ft. * 1&2/3 = 1st and 2nd Story/ 3rd Story. There is an additional 5’ front setback and 15’ interior side setback for the 3rd story. **Performance standards are applied to density requests over the min. six (6) units per acre. LDR Chapter 4.6 Supplementary District Regulations: Vehicle Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two spaces per unit and one-half a space of guest parking. There are a total of five residential units per buildings and fifteen parking spaces are provided. The parking requirement for the site is (10 units x 2 spaces = 20 spaces/guest space 10 units x .05 = 5 spaces. This is an overall requirement of 25 spaces.) The development proposes one standard guest space in front of the two-car garage for each unit. Thus, there is a parking surplus of five spaces for the overall site. Therefore, the parking requirement is met. Pool Setbacks: LDR Sections 4.6.15(G)(1), a minimum ten foot (10’) setback is required for swimming pools located in the rear, interior or side street setback areas. Swimming pools shall not extend into the front setback area noted in Section 4.3.4(K). SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 7/15 The swimming pools are all located in the rear (west side) and side interiors (north and south) the required setback of 10 feet is met. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1), when an access way intersects a public right-of-way, triangular areas shall provide unobstructed cross-visibility. The area on both sides of a driveway formed by the intersection of a driveway and a street with a length of ten (10) feet along the driveway, a length of 10’ along the street right-of-way and the third side being a line connecting the ends of the other two lines. Visibility triangles for the three access driveways along the street rights-of-way have been depicted and comply with this LDR requirement. Pursuant to LDR Section 4.6.14(B)(2) is the area formed by the intersection of an alley and a street with a length of 10’ along the alley right-of-way, a length of 20’ along the street right of way, and the third side being a line connecting the ends of the other two lines. The north parcel intersects an alley way in which only a 10’ sight visibility is shown on Palm Trail. As a condition of approval, the plans must indicate a 20’ sight visibility on Palm Trail prior to certification. Pursuant to LDR Section 4.6.14(B)(6), in all other situations, the area of property located at a corner formed by the intersection of two or more public rights of way with two sides of the triangular area being 40’ in length along the abutting public right of way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. The south parcel is showing the only required 40’ x 40’ required sight visibility triangle located on the corner of Palm Trail and Witherspoon Lane. The sight visibility triangle located on Palm Trail and McKee Lane and Palm Trail and the north Parcel of Palm Trail and Witherspoon Lane have only proposed 25’ x 25’ sight visibility triangles. Thus the applicant is seeking a waiver from this section of the code. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The elimination of the 40’ x 40’ sight visibility triangle located at the corner of the property on the south parcel of (McKee and Palm Trail) and the north parcel of (Witherspoon and Palm Trail) for 912 Palm Trail will not negatively affect traffic flow, nor present a danger to vehicular traffic or pedestrians. The property is zoned RM and is adjacent to R-1-A and is not highly traveled. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 8/15 supported under similar circumstances and therefore will not result in the granting of a special privilege. Subsequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Right-of-Way: Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for a local street without curb and gutter is 60’ and alleys are 20’. The right-of-way width for Palm Trail, McKee Lane and Witherspoon Lane is 50’. At its meeting of February 9, 2017, the Development Management Service Group (DSMG) approved a reduction of the required right-of-way from 60’ to the existing 50’. In addition, August 11, 2016, DSMG granted a 2.5’ reduction for the alley way on the northern portion of this project. Therefore no additional dedication of right-of-way is required. Sidewalk: Pursuant to LDR Section 6.1.3(B)(1), a 5’ to 8’-wide sidewalk is required along all sides of the street for medium and high density residential Areas. As depicted on the plans, the applicant has opted to build a 5’ wide sidewalk. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. All utilities lines that will serve the subject development shall be placed underground. A condition of approval is attached that a note be added to the plan prior to site plan certification that all service utilities be placed underground. LANDSCAPE ANALYSIS Pursuant to LDR section 4.6.16(C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3 (C). A landscape plan has been submitted, evaluated and recommended for approval by the City Senior Landscape Planner. The proposed landscaping consists of a mixture of shrubs, trees, and groundcover. The landscaping being provided is more than adequate pursuant to LDR section 4.6.16. There will a minimal removal of trees and the relocation of some sabal and coconut palms. There are proposed trees outside of the property line which will require a landscape maintenance agreement prior to certification of the plans. ARCHITECTURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E), Criteria for Board Action, the following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1) The plan or the proposed structure is in conformity with good taste; good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 9/15 2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The development proposal consists of the construction of two three-story townhome buildings with two car garages. There are five units on two separate parcels. The building is a Modern Architectural style with cantilevered balconies, horizontal aluminum bronze finished railings, vertical windows with clear glass and bronze frames. The (vertical accents) will be Resysta Veneer and the columns are a Purtain Gray. The walls are a smooth stucco in Extra White. The design incorporates parapet walls with flat roofs and upper terraces with the middle units containing a courtyard. The two car garages are Resysta Veneer and face the right-of-way with a 20’ x 8’ pool in the required 10’ setback enclosed with a 6’ garden wall and 3’ x 6’ aluminum gate in bronze finish; each wall contains a decorative horizontal bronze finish railing. The proposed architectural elevations present design elements that will contribute to the image of the residential area by introducing a development that will maintain the architectural harmony, compatibility and quality of the neighborhood. It will not cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. Based on the above, positive findings with respect to LDR Section 4.6.18(E) can be made. REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(F)(1)(a), Class V Site Plan Modification, a new application for development of vacant land, or for modification of a developed property when no valid site plan of record exists and which requires full review of Performance Standards found in Section 3.1.1. Pursuant to LDR Section 3.1.1, Required Findings, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1 (A), Future Land Use Map: The subject property has a Future Land Use Map designation of MD (Medium Density Residential), and is zoned RM (Medium Density Residential). Pursuant to LDR Section 4.4.6(B)(3), within the RM zoning district, multiple family structures up to 12 units per acre are allowed as a permitted use, subject to compliance with the performance standards of LDR Section 4.4.6(I). Since compliance with the Performance Standards has been provided, the proposed density increase to 10.5 units per acre is permitted and appropriate. Section 3.1.1 (B), Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, streets and traffic, sewer, drainage, parks and recreation, open space, and solid waste. SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 10/15 Section 3.1.1 (C), Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D), Compliance with the Land Development Regulations: As described under the Site Plan Analysis Section of this report, a positive finding of compliance with the Land Development Regulations can be made, subject to compliance. Section 2.4.5 (F)(5), Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. Compatibility is not a concern, as similar uses exist on surrounding properties. This multiple family development will be compatible and harmonious with the adjacent and nearby properties and should enhance property values in the area. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies and objectives are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed two three-story townhome building development is appropriate and consistent with the surrounding area. There are existing multi-family residential developments on the adjacent properties to the north, south and west. Thus, the proposed 912 – 914 Palm Trail development can be deemed a compatible and appropriate use for this site. Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. There are existing multi-family residential developments on the adjacent properties to the north, south and west. Nuisances such as noise, odors, and dust will not be a factor to the adjacent residential uses. The traffic volumes will be minimal and can be accommodated by the surrounding road network. Thus, the proposal will not negatively impact the stability of the adjacent residential areas. Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City’s demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 11/15 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. The project will contain ten 3-bedroom units. Thus, the proposed development complies with this policy. NOTICES The development proposal is not located in an area which requires review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), Pineapple Grove Main Street (PGMS) or West Atlantic Redevelopment Coalition (WARC). Courtesy notices have been sent to the following homeowner’s and/or civic associations: • La Hacienda • Palm Trail • Seacrest Neighborhood • Beach Property Owners, Association, Inc. • Del Ida Park Association Letters of objection or support, if any, will be presented at the SPRAB meeting. ASSESSMENT AND CONCLUSION The property consists of 0.953 acres with 13 units and it is currently zoned (RM) Multiple Family. The existing structures were built in 1960. The development proposal consists of the demolition of the two existing buildings and the construction of two fee simple townhome units on separately platted lots. Each individual unit will be a three bedroom town home (the under- air square footages for Unit “A” is 3,973 sq. ft., Unit “B” is 4,932 sq. ft. and Unit “C” is 4,052 sq. ft.). All units will accommodate a two-car garage and swimming pool with a garden wall. The Modern Architectural style of the multi-family building will be aesthetically pleasing, a visual asset and is compatible with existing multi-family developments on adjacent properties to the north, south, and west. The development substantially meets the performance standards in LDR Section 4.4.6. The applicant is seeking a waiver to LDR Section 4.6.14(B)(1); Sight Visibility. Based upon this report including all findings, the proposed development can be found in compliance with applicable requirements in the Land Development Regulations as analyzed in this report with the recommendation of the waiver request to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Class V Site Plan Modification, Landscape Plan, and Architectural Elevations and waiver request for sight visibility for 912 – 914 Palm Trail, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.7(F)(5), LDR Section 2.4.7(B)(5), Chapter 3, Section 4.6.16, and 4.6.18(E). SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 12/15 C. Move denial of the Class V Site Plan Modification, Landscape Plan and Architectural Elevations and waiver request for sight visibility for 912 – 914 Palm Trail, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in LDR Section 2.4.5(F)(5), LDR Section 2.4.7(B)(5), Chapter 3, Section 4.6.16, and 4.6.18(E). STAFF RECOMMENDATION By Separate Motions: Waiver Request: Move to recommend approval to the City Commission of the waiver to LDR Section 4.6.14(B)(1) to allow the sight visibility triangles located on Palm Trail and McKee Lane and Palm Trail and the north Parcel of Palm Trail and Witherspoon Lane to exist at 25’ x 25’, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Site Plan Move approval of the Class V Site Plan Modification for 912 – 914 Palm Trail, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Pursuant to LDR Section 4.3.3(O)(2) and 5.1.3(A), a plat and/or replat is required. Provide the separate application(s) and processing fee(s) required per LDR Section 2.4.3(K)(1)(l). 2. That a park impact fee of $500.00 per unit ($5,000 total) be paid prior to the issuance of a building permit. 3. Sight Visibility Waiver is approved by the City Commission. 4. That a note be added to the plan prior to site plan certification that all service utilities be placed underground. Landscape Plan Move approval of the Landscape Plan for 912 – 914 Palm Trail, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the condition that a landscape maintenance plan be executed. Architectural Elevations Move approval of the Architectural Elevations for 912 – 914 Palm Trail, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 4.6.18(E). Report Prepared by: Jennifer Buce, Assistant Planner APPENDIX A CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service can be provided to the site through an existing 6” water main along Palm Trail, McKee lane and Witherspoon Lane. There are also several existing 8” sewer lines throughout the neighborhood which can service the new residential units. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service standard at the City’s build-out population based on the current FLUM. Streets and Traffic: A traffic statement through Palm Beach County Traffic Division was provided on November 29, 20-16 it has been determined the proposal development does not have significant peak hour traffic impact on the roadway network and therefore meets the Traffic Performance Standards of Palm Beach County. Parks and Recreation Facilities: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Based upon the proposed units, a park impact fee of $5,000 will be required. Solid Waste: The subject property will consist of 10 new units. Based on a waste generation rate of 0.52 tons per year for apartment and townhome units, the new units will generate an additional 73.63 tons of solid waste per year will result in a property total of 5.2 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2048. Schools: The Palm Beach County School District has approved the development proposal with respect to compliance with the adopted Level of Service for School Concurrency. Written verification was received on January 31, 2017. Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on-site drainage. Based upon the above, positive findings with respect to this level of service standard can be made. APPENDIX B STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable x Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard x Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City’s demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent Appendix B Standards for Site Plan Actions Page 2 H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable x Meets intent of standard Does not meet intent P a l m T r l N E 8 t h A v e N E 9 t h A v e Bond Way Geor ge Bush Blvd S Lake Ave N E 7 t h A v e N F e d e r a l H w y Denery Ln McKee Ln NE 7th Ct Estu ary Trl Witherspoon Ln L a k e T r l PLANNING & ZONINGDEPARTMENT 912 Palm Trail LOCATION MAP Subject Prop ertyN Docu ment Path: S:\Planning & Zoning\DBMS\G IS\Proje ct Maps\Location Maps\912 Pa lm Trail.mxd I n t r a c o a s t a l W a t e r w a y COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . 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F I R S T A V E N U E , S U I T E 1 0 2 D E L R A Y B E A C H , F L . 3 3 4 4 4 T E L E P H O N E : 5 6 1 - 2 7 4 - 9 1 8 6 A R C H I T E C T E N G I N E E R I N G P L U S 1 9 5 2 8 S E D G E F I E L D T E R R A C E B O C A R A T O N , F L 3 3 4 9 8 C E L L : 5 6 1 - 7 5 6 4 1 0 6 F A X : 5 6 1 - 4 7 9 3 7 4 3 S T R U C T U R A L ARCHITECTURALBUILDING THIRD AND ROOF PLAN PROPOSED SITE PLAN CVRSP-1A-2A-3 COVER SHEETNORTH ELEVATIONA-4WEST ELEVATIONA-5TH-A FLOOR PLANS A-7A-9A-10 BUILDING GROUND & SECOND FLOOR PLANA-1A-11 A-8 6 0 F T . ( M A Y U S E L O W R I S E P R O V I S I O N S O F T H E 5 t h A D D I T I O N ( 2 0 1 4 ) F L O R I D A R E S I D E N T I A L C O D E ) B U I L D I N G D E S I G N E D A S B U I L D I N G H E I G H T M E A N R O O F H E I G H T C O M M E R C I A L , I N D U S T R I A L - D E S C R I B E ) O C C U P A N C Y ( S I N G L E F A M I L Y , D U P L E X , M U L T I - F A M I L Y , X E X P O S U R E C O N D I T I O N X C P A R T I A L L Y E N C L O S E D 6 0 F T . ( A S C E 7 - 1 0 C H A P T E R 2 6 ) T E S T E D ( W I N D T U N N E L ) X X S I N G L E F A M I L Y O P E N E N C L O S E D A S C E 7 - 1 0 C H A P T E R 2 6 1 . 0 S E C . R 3 0 1 . 2 . 1 . 4 . 3 5 t h A D D I T I O N ( 2 0 1 4 ) F L O R I D A R E S I D E N T I A L C O D E R O O F D E A D L O A D ( A C T U A L D E A D L O A D O F M A T E R I A L U S E D F O R D E T E R M I N I N G U P L I F T R E A C T I O N S ) N O T E : A C T U A L D E S I G N P R E S S U R E S F O R A L L E X T E R I O R W I N D O W S , D O O R S , G A R A G E D O O R S , A N D S I M I L A R E N V E L O P E E L E M E N T S ( 3 S E C O N D G U S T ) ( 3 S E C O N D G U S T ) S Y S T E M , O R B U I L D I N G E N V E L O P E C O M P O N E N T S A N D C L A D D I N G A S A P P L I C A B L E : V E R I F Y A P P R O P R I A T E P O S I T I V E / N E G A T I V E P R E S S U R E C O E F F I C I E N T S H A V E B E E N A P P L I E D T O M A I N W I N D F O R C E R E S I S T I N G R E V I E W E D F O R S H E A R W A L L R E Q U I R E M E N T S S O I L B E A R I N G C A P A C I T Y M U S T B E I N D I C A T E D O N C O N S T R U C T I O N P L A N S . A S C E 7 - 1 0 C H 2 6 - B A S I C W I N D V E L O C I T Y P R E S S U R E S : 5 t h A D D I T I O N ( 2 0 1 4 ) F L O R I D A R E S I D E N T I A L C O D E W I N D S P E E D U L T I M A T E W I N D S P E E D X 2 5 0 0 P S F N A 1 7 0 Y E S P S F P S F P S F N O ( I F N O , I N D I C A T E R E A S O N ) B A S I C V E L O C I T Y P R E S S U R E B A S I C V E L O C I T Y P R E S S U R E 5 N A 4 0 5t h A D D I T I O N ( 2 0 1 4 ) F L O R I D A R E S I D E N T I A L C O D E - R E F E R T O 5 t h A D D I T I O N ( 2 0 1 4 ) F L O R I D A R E S I D E N T I A L C O D E O R A S C E 7 - 1 0 C H A P T E R 2 6 ) 3 5 ' - 0 " ( F r o m C r o w n o f R o a d ) IM P O R T A N C E F A C T O R ( D E T E R M I N E D B Y B U I L D I N G U S E / O C C U P A N C Y , D A V E B O D K E R L A N D S C A P E A R C H I T E C T U R E 6 0 1 N . C O N G R E S S A V E S U I T E 1 0 5 - A D E L R A Y B E A C H , F L 3 3 4 4 5 C E L L : 5 6 1 - 2 7 6 - 6 3 1 1 F A X : 5 6 1 - 2 7 6 - 3 8 6 9 L A N D S C A P E E N V I R O D E S I G N A S S O C I A T E S , I N C . 2 9 8 N E 2 N D A V E N U E D E L R A Y B E A C H , F L 3 3 4 4 4 T E L E P H O N E : 5 6 1 - 2 7 4 - 6 5 0 0 F A X : 5 6 1 - 2 7 4 - 8 5 5 8 C I V I L E N G I N E E R O ' B R I E N , S U I T E R & O ' B R I E N 9 5 5 N . W . 1 7 T H A V E . S U I T E K - 1 D E L R A Y B E A C H , F L 3 3 4 4 5 T E L E P H O N E : 5 6 1 - 2 7 6 - 4 5 0 1 F A X : 5 6 1 - 2 7 6 - 2 3 9 0 L A N D S U R V E Y O R S I T E L O C A T I O N M C K E E N L A N E PAL M T R A I L INTRACOASTAL W A T E R W A Y A-6SH O V E L R E A D Y P R O J E C T S , L L C 6 3 0 N O R T H 3 r d S T R E E T P H I L A D E L P H I A , P A 1 9 1 2 3 SITE PLAN SOUTH PARCELSP-2SITE PLAN NORTH PARCELSP-3TH-B FLOOR PLANSTH-C FLOOR PLANS W I T H E R S P O O N L A N E B O N D W A Y NE 9th AVENUE NE 8th AVENUE PALM TRAIL PROPO S E D P R O J E C T : GOVER N I N G C O D E : BUILDI N G H E I G H T : TYPE O F CONST R U C T I O N : BUILDI N G D E S I G N E D : WIND S P E E D : EXPOS U R E : ZONIN G D I S T R I C T : HAZAR D CLASSI F I C A T I O N : REQUI R E D S E T B A C K S : 3 S T O R Y T O W N H O M E B U I L D I N G W I T H ( 2 ) C A R G A R A G E F B C 5 t h E D I T I O N ( 2 0 1 4 ) , F F P C 5 t h E D I T I O N ( 2 0 1 4 ) , N F P A 1 F C 2 0 1 2 E D I T I O N , N F P A 1 0 1 L S C 2 0 1 2 E D I T I O N 3 5 ' - 0 " F R O M C R O W N O F R O A D T Y P E V B S P R I N K L E R E D F O R 3 - S T O R Y T O W N H O M E S E N C L O S E D 1 7 0 M P H U L T I M A T E W I N D S P E E D C R M - M E D I U M H I G H D E N S I T Y O R D I N A R Y H A Z A R D F R O N T S E T B A C K = 2 5 ' - 0 " / 3 0 ' - 0 " R E A R S E T B A C K = 2 5 ' - 0 " S I D E I N T E R I O R S E T B A C K = 1 5 ' - 0 " / 3 0 ' - 0 " S I D E S T R E E T = 2 5 ' - 0 " / 3 0 ' - 0 " P R O V I D E D : F R O N T S E T B A C K = 2 5 ' - 4 " / 3 0 ' - 0 " R E A R S E T B A C K = 2 5 ' - 1 " S I D E I N T E R I O R = N / A S I D E S T R E E T = 2 5 ' - 2 " / 3 0 ' - 1 " CIVILLANDSCAPEPAVING AND DRAINAGE PLAN1 OF 82 OF 83 OF 84 OF 85 OF 8 PAVING AND DRAINAGE DETAILSPAVING AND DRAINAGE DETAILSWATER AND WASTEWATER DETAILSPOLLUTION PREVENTION PLAN1 OF 1COMPOSITE UTILITY PLAN EXISTING TREE PLAN NORTH PARCEL L-1PLANTING PLAN NORTH PARCEL L-2SPECIFICATIONS, DETAILS, NOTES L-3 CVRCOVER SHEETS-1SURVEYWINDOW & DOOR SCHEDULE BUILDING SECTION SOUTH ELEVATIONEAST ELEVATION6 OF 87 OF 88 OF 8 PAVING AND DRAINAGE PLAN SOUTH PARCELPAVING AND DRAINAGE PLAN NORTH PARCELPAVING AND DRAINAGE NOTESL-4L-5L-6 OVERALL PLANTING PLANEXISTING TREE PLAN SOUTH PARCELPLANTING PLAN SOUTH PARCEL C L PROPERTY LINE 128.55' N16°43'28"E.P A L M T R A I L M c K E E L A N E W I T H E R S P O O N L A N E PROPERTY LINE 149.92' N89°54'28"E.PROPERTY LINE123.18' N00°03'44"W. P R O P E R T Y L I N E 1 8 7 . 0 5 ' N 8 9 ° 5 7 ' 0 0 " E . P R O P E R T Y L I N E 1 2 3 . 4 0 ' N 0 0 ° 0 3 ' 1 6 " W . P R O P E R T Y L I N E 1 8 7 . 0 5 ' N 8 9 ° 5 6 ' 4 8 " E . P A L M T R A I L P R O P E R T Y L I N E 1 2 8 . 8 9 ' N 1 6 ° 4 3 ' 2 8 " E . P R O P E R T Y L I N E 1 4 9 . 8 4 ' N 8 9 ° 5 7 ' 0 0 " E . 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y CL C L C L S O U T H P A R C E L N O R T H P A R C E L 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y S O U T H P A R C E L N O R T H P A R C E L P r o p o s e d O v e r a l l S i t e P l a n S c a l e : 1 " = 2 0 ' N O R T H SOUTH PARCEL - Z O N I N G D E S I G N A T I O N : P R O P O S E D P R O J E C T : G O V E R N I N G C O D E S : R M - M E D I U M D E N S I T Y R E S I D E N T I A L P R O P O S E D 3 S T O R Y T O W N H O M E B U I L D I N G F L O R I D A B U I L D I N G C O D E - 2 0 1 4 5 T H E D I T I O N F L O R I D A F I R E P R E V E N T I O N C O D E - 2 0 1 5 E D I T I O N N F P A 1 U F C F L O R I D A 2 0 1 2 E D I T I O N N F P A 1 0 1 L S C F L O R I D A 2 0 1 2 E D I T I O N T Y P E O F C O N S T R U C T I O N : T Y P E V - B ( S P R I N K L E D ) P R O P E R T Y A D D R E S S : 9 1 2 P A L M T R A I L , D E L R A Y B E A C H , F L O R I D A C O D E D A T A P R O J E C T D A T A 1 0 0 % 2 5 ' - 3 " / 3 0 ' - 1 " S Q . F E E T % O F S I T E T O T A L S I T E A R E A T O T A L B U I L D I N G F O O T P R I N T P A R K I N G / P A V E D A R E A S I D E W A L K S / M I S C . W A T E R B O D I E S T O T A L I M P E R V I O U S A R E A T O T A L P E R V I O U S A R E A O P E N S P A C E C I T Y R E Q U I R E M E N T - 6 , 3 7 8 - - - - 2 5 % L O T C O V E R A G E 4 0 % N U M B E R O F D W E L L I N G U N I T S D W E L L I N G U N I T S P E R A C R E 5 U N I T S L E G A L D E S C R I P T I O N S B U I L D I N G D A T A P A R K I N G B R E A K D O W N G A R A G E : = 1 0 S P A C E S T O T A L : = 1 5 S P A C E S - N O C O M P A C T P A R K I N G R E Q U I R E D 3 B E D R O O M U N I T : C A L C U L A T E D A T 2 S P A C E S P E R U N I T = 5 x 2 = 1 0 S P A C E S T O T A L R E Q U I R E D = 1 3 S P A C E S G U E S T P A R K I N G : F O R T H E F I R S T 2 0 U N I T 0 . 5 S P A C E S P E R U N I T = 5 x 0 . 5 = 2 . 5 S P A C E S P A R K I N G P R O V I D E D B U I L D I N G S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 4 . 1 3 ( F ) ( 4 ) F R O N T ( E ) P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T ( N ) R E A R ( W ) H E I G H T R E Q U I R E D 2 5 ' / 3 0 ' 1 5 ' / 3 0 ' 2 5 ' / 3 0 ' 2 5 ' - 0 " 3 5 ' - 0 " 3 5 ' - 0 " D R I V E W A Y : = 0 5 S P A C E S - F U L L S I Z E 1 8 ' X 9 ' 2 0 , 7 4 4 2 5 ' - 5 " / 3 0 ' - 5 1 / 2 " 2 5 ' - 1 " N / A L O T S 8 , 9 , 1 0 A N D 1 1 , F I R S T A D D I T I O N T O K E N M O N T , A C C O R D I N G T O T H E P L A T T H E R E O F A S R E C O R D E D I N P L A T B O O K 2 2 , P A G E 2 4 , O F T H E P U B L I C R E C O R D S O F P A L M B E A C H C O U N T Y , F L O R I D A P . C . N . : 1 2 - 4 3 - 4 6 - 0 9 - 0 9 - 0 0 0 - 0 0 8 0 7 , 0 7 5 3 4 . 1 1 % 7 , 0 7 5 3 4 . 1 1 % 1 0 . 5 U N I T S N / A 1 4 , 3 6 6 6 , 3 7 8 3 0 . 7 5 % 3 0 . 7 5 % 6 9 . 2 5 % N / A 7 , 2 9 1 3 5 . 1 5 % 0 0 % P O O L S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 6 . 1 5 ( G . 1 & 2 ) F R O N T P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T R E A R R E Q U I R E D 2 5 ' 1 0 ' 1 0 ' 1 0 ' N / A 1 0 ' N / A 1 0 ' E A S T N / A N O R T H / S O U T H W E S T POOL20'x8'POOL20'x8'PROPOSED25'x25'SIGHT TRIANGLE40'x 4 0 ' RE Q U I R E D SIG H T T R I A N G L E TH-ATH-BTH-CTH-C S Q . F E E T % O F S I T E T O T A L S I T E A R E A T O T A L B U I L D I N G F O O T P R I N T P A R K I N G / P A V E D A R E A S I D E W A L K S / M I S C . W A T E R B O D I E S T O T A L I M P E R V I O U S A R E A T O T A L P E R V I O U S A R E A O P E N S P A C E - - - - - - 2 5 % L O T C O V E R A G E 4 0 % N U M B E R O F D W E L L I N G U N I T S D W E L L I N G U N I T S P E R A C R E 5 U N I T S B U I L D I N G D A T A P A R K I N G B R E A K D O W N B U I L D I N G S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 4 . 1 3 ( F ) ( 4 ) F R O N T ( E ) P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T ( N ) R E A R ( W ) H E I G H T R E Q U I R E D 2 5 ' / 3 0 ' 1 5 ' / 3 0 ' 2 5 ' / 3 0 ' 2 5 ' - 0 " 3 5 ' - 0 " 3 5 ' - 0 " 2 0 , 7 8 6 2 5 ' - 4 " / 3 0 ' - 4 1 / 2 " 2 5 ' - 1 " N / A 1 0 0 % 2 5 ' - 6 " / 3 0 ' - 4 " 7 , 0 7 5 3 4 . 0 3 % 1 0 . 4 8 U N I T S N / A 1 4 , 3 6 9 6 , 4 1 7 6 , 7 9 6 3 1 . 1 7 % 3 0 . 8 7 % 6 9 . 1 3 % N / A 7 , 2 9 4 3 5 . 0 9 % 0 0 % P O O L S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 6 . 1 5 ( G . 1 & 2 ) F R O N T P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T R E A R R E Q U I R E D 2 5 ' 1 0 ' 1 0 ' 1 0 ' N / A 1 0 ' N / A 1 0 ' E A S T N / A N O R T H / S O U T H W E S T G A R A G E : = 1 0 S P A C E S T O T A L : = 1 8 S P A C E S - N O C O M P A C T P A R K I N G R E Q U I R E D 3 B E D R O O M U N I T : C A L C U L A T E D A T 2 S P A C E S P E R U N I T = 5 x 2 = 1 0 S P A C E S T O T A L R E Q U I R E D = 1 3 S P A C E S G U E S T P A R K I N G : F O R T H E F I R S T 2 0 U N I T 0 . 5 S P A C E S P E R U N I T = 5 x 0 . 5 = 2 . 5 S P A C E S P A R K I N G P R O V I D E D D R I V E W A Y : = 0 5 S P A C E S - F U L L S I Z E 1 8 ' X 9 ' POOL20'x8'PROPOSED±3000 SQ.FT.3-STORYTOWNHOUSEPROPOSED±3000 SQ.FT.3-STORYTOWNHOUSEPROPOSED±3000 SQ.FT.3-STORYTOWNHOUSE TH-A PROPOSED±3000 SQ.FT.3-STORYTOWNHOUSEPROPOSED±3000 SQ.FT.3-STORYTOWNHOUSE P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' 1 0 ' x 1 0 ' R E Q U I R E D S I G H T T R I A N G L E P R O P O S E D 2 5 ' x 2 5 ' S I G H T T R I A N G L E P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' T H - A T H - B T H - C T H - C P O O L 2 0 ' x 8 ' P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E T H - A P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' 7 , 0 7 5 3 4 . 0 3 % 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' 25'-0"REQ.SETBACK 25'-0" REQ. S E T B A C K 10'-0"POOLSETBK. 1 0 ' - 0 " P O O L S E T B K . 24'-11"CENTER OF R/W 25'-0"CEN T E R O F R / W 25'-0"REQ. SETBACK 25'-0"REQ. SETBACK 2 5 ' - 0 " R E Q . S E T B A C K 10'-0"POOL SETBK.25'-0"CENTER OF R/W 2 5 ' - 0 " 2 5 ' - 0 " R E Q . S E T B A C K 2 5 ' - 0 " C E N T E R O F R / W 2 5 ' - 0 " R E Q . S E T B A C K 2 5 ' - 0 " R E Q . S E T B A C K 1 0 ' - 0 " P O O L S E T B K . 1 0 ' - 0 " P O O L S E T B K . 1 0 ' - 0 " P O O L S E T B K . 16'-0" DRIVEWAY 16'-0" DRIVEWAY E X I S T I N G M I L T Y - F A M I L Y B U I L D I N G 10'-0"DRAINAGEEASEMENT10'-0"DRAINAGEEASEMENT10'-0"DRAINAGEEASEMENT5'-0"U.E. 10'-0" DRAINAGE EASEMENT 10'-0" DRAINAGE EASEMENT 1 0 ' - 0 " D R A I N A G E E A S E M E N T 5'-0" U.E. 5 ' - 0 " U . E . 5'-0"U.E. 5 ' - 0 " U . E . 7'-0" U.E. 5 ' - 0 " U . E . NORTH PARCEL E X I S T I N G F E N C E 1 0 ' - 0 " D R A I N A G E E A S E M E N T 1 0 ' - 0 " D R A I N A G E E A S E M E N T U N I T S I Z E T A B L E U N I T T Y P E U N I T A ( 3 B E D R O O M ) U N I T B ( 3 B E D R O O M ) U N I T C ( 3 B E D R O O M ) M I N . S T A N D A R D 1 , 2 5 0 S . F . 1 , 2 5 0 S . F . 1 , 2 5 0 S . F . P R O V I D E D 3 , 9 7 3 S . F . 4 , 9 3 2 S . F . 4 , 0 5 1 S . F . U N I T C O U N T 1 0 0 1 0 0 1 0 0 % T O T A L U N I T S 3 3 3 3 3 3 2 5 ' - 2 1 / 2 " / 3 0 ' - 0 " S I D E S T R E E T ( S ) 2 5 ' / 3 0 ' S I D E S T R E E T ( S ) 2 5 ' / 3 0 ' 2 5 ' - 2 1 / 2 " / 3 0 ' - 0 " 50'-0"ULTIMATE RIGHT OF WAY 5 0 ' - 0 " U L T I M A T E R I G H T O F W A Y 50'-0"ULTIMATE RIGHT OF WAY 50'-0" ULTI M A T E R I G H T O F W A Y COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 P R O P O S E D S I T E P L A N S P - 1 1 C L P R O P E R T Y L I N E 1 2 8 . 5 5 ' N 1 6 ° 4 3 ' 2 8 " E . P A L M c K E E L A N E W I T H E R S P O O N L A N E PROPERTY LINE 149.92' N89°54'28"E. P R O P E R T Y L I N E 1 2 3 . 1 8 ' N 0 0 ° 0 3 ' 4 4 " W . P R O P E R T Y L I N E 1 8 7 . 0 5 ' N 8 9 ° 5 7 ' 0 0 " E . P R O P E R T Y L I N E 1 4 9 . 8 4 ' N 8 9 ° 5 7 ' 0 0 " E . CL C L 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' S i t e P l a n S o u t h P a r c e l S c a l e : 1 " = 1 0 ' N O R T H 25'-0" REQ. S E T B A C K 16'-0" DRIVEWAY T H - A T H - B T H - C T H - C T H - A 25'-0"REQ. SETBACK 25'-0"REQ. SETBACK 2 5 ' - 0 " R E Q . S E T B A C K 10'-0"POOL SETBK. 2 5 ' - 0 " C E N T E R O F R / W 25'-0"CENTER OF R/W 25'-0"CEN T E R O F R / W P A L M T R A I L M c K E E L A N E P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' CL C L P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E 6 ' H I G H G A R D E N W A L L P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' 6' HIGH GARDEN WALL 6' H I G H G A R D E N W A L L 6' HIGH GARDEN WALL 1 0 ' - 0 " P O O L S E T B A C K 6' HIGH GARDEN WALL 6 ' H I G H G A R D E N W A L L 6' HIGH GARDEN WALL 6' HIGH GARDEN WALL 6' HIGH GARDEN WALL·REFER TO LANDSCAPE DRAWINGS FORLANDSCAPE BUFFER AROUND EQUIPMENT.G.C. TO COORDINATE.·ALL MECHANICAL, ELECTRICAL EQUIPMENTAND DEVICES TO BE INSTALLED ABOVEFEMA FLOOD ELEVATION PER APPLICABLEFLOOD ZONES. G.C. TO COORDINATE WITHALL SUB-CONTRACTORS.·REFER TO CIVIL DRAWINGS FOR ALLEASEMENTS.·7.60' N.G.V.D. LOWEST FINISH FLOOR FORSOUTH AND NORTH PARCEL BUILDINGS.REFER TO CIVIL DRAWINGS CONCRETE STOOP REFERTO STRUCTURALDRAWINGS 25'-5 "PRO V I D E D S E T B A C K STEPPING STONES REFERTO LANDSCAPE DRAWINGS10'-0"DRAINAGEEASEMENT 5'-0"U.E.16'-0"PROPOSED DRIVEWAY 72" HIGH ALUMINUM FENCEBRONZE FINISH REFER TOLANDSCAPE DRAWINGS72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGSSTEPPING STONES REFERTO LANDSCAPE DRAWINGS36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDESHOP DRAWINGS FORARCHITECTS APPROVAL16'-0"PROPOSED DRIVEWAYSTEPPING STONES REFERTO LANDSCAPE DRAWINGS72" HIGH ALUMINUM FENCEBRONZE FINISH REFER TOLANDSCAPE DRAWINGS 72" HIGH CMU WALL REFERTO STRUCTURAL DRAWINGS 36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDESHOP DRAWINGS FORARCHITECTS APPROVAL 60" WIDE CONCRETESIDEWALK REFER TO CIVILDRAWINGS36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDESHOP DRAWINGS FORARCHITECTS APPROVALPROPOSED 25'x25'SIGHT TRIANGLE 10'-0" DRAINAGE EASEMENT 1 6 ' - 0 " P R O P O S E D D R I V E W A Y 1 6 ' - 0 " P R O P O S E D D R I V E W A Y STEPPING STONES REFERTO LANDSCAPE DRAWINGS 4 0 ' x 4 0 ' R E Q U I R E D S I G H T T R I A N G L E S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 7 2 " H I G H A L U M I N U M F E N C E B R O N Z E F I N I S H R E F E R T O L A N D S C A P E D R A W I N G S 3 6 " x 7 2 " A L U M I N U M G A T E B R O N Z E F I N I S H . P R O V I D E S H O P D R A W I N G S F O R A R C H I T E C T S A P P R O V A L S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 5'-0" U.E. 10'-0" DRAINAGE EASEMENT 6 0 " W I D E C O N C R E T E S I D E W A L K R E F E R T O C I V I L D R A W I N G S 16'-0" PROPOSED DRIVEWAY 6 0 " W I D E C O N C R E T E S I D E W A L K R E F E R T O C I V I L D R A W I N G S S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 7 2 " H I G H A L U M I N U M F E N C E B R O N Z E F I N I S H R E F E R T O L A N D S C A P E D R A W I N G S 3 6 " x 7 2 " A L U M I N U M G A T E B R O N Z E F I N I S H . P R O V I D E S H O P D R A W I N G S F O R A R C H I T E C T S A P P R O V A L 1 0 ' - 0 " D R A I N A G E E A S E M E N T 10'-0"POOL SETBACK 5 ' - 0 " U . E . 7 ' - 2 " 8 ' - 0 " 4 ' - 2 " 1 1 ' - 5 " 8 ' - 0 " 7 ' - 6 " 7'-2"8'-0"4'-0"4'-10" ( B Y O T H E R S U . S . P . ) ( B Y O T H E R S U . S . P . ) ( B Y O T H E R S U . S . P . ) ( B Y O T H E R S U . S . P . ) 7'-2"8'-0"4'-0"4'-10" 8'-10"4'-0" 2 0 ' - 0 " 7 ' - 0 " 6 ' - 8 " 7 ' - 0 " 2 0 ' - 0 " 4 ' - 0 " 8 ' - 1 0 " 5 ' - 1 1 " 5'-11" 4'-2"20'-0"8'-2" 10'-11"20'-0"4'-7" 60" WIDE CONCRETESIDEWALK REFER TO CIVILDRAWINGS 1 0 ' x 1 0 ' S I G H T T R I A N G L E T Y P I C A L 10'x10' SIGHTTRIANGLE TYPICAL10'x10' SIGHTTRIANGLETYPICAL10'x10' SIGHT TRIANGLETYPICAL72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGS POOL EQUIPMENT & HEATERPOOL EQUIPMENT &HEATER P O O L E Q U I P M E N T & H E A T E R P O O L E Q U I P M E N T & H E A T E R P O O L E Q U I P M E N T & H E A T E R 25'-212"PROVIDED SETBACK 2 5 ' - 3 " P R O V I D E D S E T B A C K 2 5 ' - 1 " PROVIDED SETBACK12'-6" 1 2 ' - 6 " 4'-0" POOL20'x8'(BY OTHERSU.S.P.)3'-0"8'-0"20'-0"7'-10"4'-4"8'-0"7'-0"50'-0"ULTIMATE RIGHT OF WAY 5 0 ' - 0 " U L T I M A T E R I G H T O F W A Y 50'-0"ULTIMATE RIGHT OF WAY COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 S I T E P L A N S O U T H P A R C E L S P - 2 C LW I T H E R S P O O N L A N EPROPERTY LINE 187.05' N89°57'00"E. P R O P E R T Y L I N E 1 2 3 . 4 0 ' N 0 0 ° 0 3 ' 1 6 " W . P R O P E R T Y L I N E 1 8 7 . 0 5 ' N 8 9 ° 5 6 ' 4 8 " E . P A L M P R O P E R T Y L I N E 1 2 8 . 8 9 ' N 1 6 ° 4 3 ' 2 8 " E . PROPERTY LINE 149.84' N89°57'00"E. 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y C L SOUTH PARCELNORTH PARCEL 1 5 . 0 0 ' P L A T T E D A L L E Y R I 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y 2 5 ' - 0 " R E Q . S E T B A C K T H - A T H - B T H - C T H - C T H - A 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' S i t e P l a n N o r t h P a r c e l S c a l e : 1 " = 1 0 ' N O R T H 25'-0" REQ. S E T B A C K 16'-0" DRIVEWAY 25'-0"REQ. SETBACK 1 0 ' - 0 " P O O L S E T B K . 25'-0"CEN T E R O F R / W 1 0 ' x 1 0 ' R E Q U I R E D S I G H T T R I A N G L E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E 6' HIGH GARDEN WALL/FENCE 6 ' H I G H G A R D E N W A L L 6' HIGH GARDEN WALL 6 ' H I G H G A R D E N W A L L / F E N C E 1 0 ' - 0 " P O O L S E T B A C K 6' HIGH GARDEN WALL 6 ' H I G H G A R D E N W A L L 6 ' H I G H G A R D E N W A L L 6' HIGH GARDEN WALL 6' HIGH GARDEN WALL 1 0 ' - 0 " E A S E M E N T R E F E R T O C I V I L D R A W I N G S 25'-5 "SET B A C K P R O V I D E D STEPPING STONESREFER TO LANDSCAPEDRAWINGS 72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGSSTEPPING STONES REFERTO LANDSCAPE DRAWINGS36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDE SHOPDRAWINGS FOR ARCHITECTSAPPROVALSTEPPING STONES REFERTO LANDSCAPE DRAWINGS72" HIGH ALUMINUM FENCEBRONZE FINISH REFER TOLANDSCAPE DRAWINGS 72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGS 36"x72" ALUMINUM GATEBRONZE FINISH.PROVIDE SHOPDRAWINGS FORARCHITECTS APPROVAL 60" WIDE CONCRETESIDEWALK REFER TO CIVILDRAWINGS36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDESHOP DRAWINGS FORARCHITECTS APPROVALPROPOSED 25'x25'SIGHT TRIANGLESTEPPING STONES REFERTO LANDSCAPE DRAWINGS 1 0 ' x 1 0 ' R E Q U I R E D S I G H T T R I A N G L E S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 7 2 " H I G H A L U M I N U M F E N C E B R O N Z E F I N I S H R E F E R T O L A N D S C A P E D R A W I N G S 3 6 " x 7 2 " A L U M I N U M G A T E B R O N Z E F I N I S H . P R O V I D E S H O P D R A W I N G S F O R A R C H I T E C T S A P P R O V A L S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 7 2 " H I G H A L U M I N U M F E N C E B R O N Z E F I N I S H R E F E R T O L A N D S C A P E D R A W I N G S 3 6 " x 7 2 " A L U M I N U M G A T E B R O N Z E F I N I S H . P R O V I D E S H O P D R A W I N G S F O R A R C H I T E C T S A P P R O V A L 7'-2"8'-0"4'-0"4'-10" 7'-2"8'-0"4'-0"4'-10" 8'-10" 4 ' - 0 " 2 0 ' - 0 " 7 ' - 0 " 6 ' - 8 " 7 ' - 0 " 2 0 ' - 0 " 4 ' - 0 " 8 ' - 1 0 " 6 ' - 1 3 4 " 5'-11" 7 ' - 2 " 8 ' - 0 " 1 1 ' - 5 " 8 ' - 0 " 8 ' - 2 " 4'-2"20'-0"8'-2" 8'-5"20'-0"4'-7" 1 0 ' - 0 " D R A I N A G E E A S E M E N T 5'-0"U.E.16'-0"PROPOSED DRIVEWAY10'-0"POOL SETBACK 10'-0" DRAINAGE EASEMENT 1 6 ' - 0 " P R O P O S E D D R I V E W A Y 1 6 ' - 0 " P R O P O S E D D R I V E W A Y 10'-0" DRAINAGE EASEMENT 5'-0" U.E. 5 ' - 0 " U . E . 7'-0" U.E. 72" HIGH ALUM,INUM FENCEBRONZE FINISH. REFER TOLANDSCAPE DRAWINGS 72" ALUMINUM FENCE BRONZEFINISH. REFER TO LANDSCAPEDRAWINGS · R E F E R T O L A N D S C A P E D R A W I N G S F O R L A N D S C A P E B U F F E R A R O U N D E Q U I P M E N T . G . C . T O C O O R D I N A T E . · A L L M E C H A N I C A L , E L E C T R I C A L E Q U I P M E N T A N D D E V I C E S T O B E I N S T A L L E D A B O V E F E M A F L O O D E L E V A T I O N P E R A P P L I C A B L E F L O O D Z O N E S . G . C . T O C O O R D I N A T E W I T H A L L S U B - C O N T R A C T O R S . · R E F E R T O C I V I L D R A W I N G S F O R A L L E A S E M E N T S . · 7 . 6 0 ' N . G . V . D . L O W E S T F I N I S H F L O O R F O R S O U T H A N D N O R T H P A R C E L B U I L D I N G S . R E F E R T O C I V I L D R A W I N G S 10'x10' SIGHTTRIANGLETYPICAL10'x10' SIGHTTRIANGLETYPICAL10'x10' SIGHT TRIANGLETYPICAL72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGS 1 0 ' x 1 0 ' S I G H T T R I A N G L E T Y P I C A L 1 0 ' x 1 0 ' S I G H T T R I A N G L E T Y P I C A L P O O L E Q U I P M E N T & H E A T E R P O O L E Q U I P M E N T & H E A T E R P O O L E Q U I P M E N T & H E A T E R POOL EQUIPMENT & HEATERPOOL EQUIPMENT & HEATER 25'-2 1 2 " PROVIDED S E T B A C K 2 5 ' - 6 " P R O V I D E D S E T B A C K 2 5 ' - 1 " P R O V I D E D S E T B A C K 1 2 ' - 6 " 1 2 ' - 6 " 4'-0" 2'-6" 3'-0"8'-0"20'-0"7'-10" 4'-4"8'- 0 " 7 ' - 0 " P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) P O O L 2 0 ' x 8 ' (BY O T H E R S U. S . P . ) P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) 50'-0"ULTIMATE RIGHT OF WAY50'-0"ULTIMATE RIGHT OF WAY 4 ' - 2 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 S I T E P L A N N O R T H P A R C E L S P - 3 Second Floor PlanSca l e : 1 / 8 " = 1 ' - 0 " N O R T H G r o u n d F l o o r P l a n S c a l e : 1 / 8 " = 1 ' - 0 " N O R T H TH-CTH- C TH-B T H - B T H - C T H - C T H - A T H - A TH-ATH-A 36'-4"36'-4 " 72'-8" 3 6 ' - 4 " 3 6 ' - 4 " 7 2 ' - 8 " 40'-3"36'-4"40'-2" 40'-3"25'-8"40'-2"106'-1" 116'-9" 40'-3"36'-4"40'-2" 116'-9" 40'-3"25'-8"40'-2" 106'-1" 36'-0"36'- 8 " 3 6 ' - 0 " 3 6 ' - 8 " 1 A - 5 1 A - 5 1 A - 5 1 A - 5 COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 B U I L D I N G G R O U N D & S E C O N D F L O O R P L A N A - 1 Upper Roof PlanSca l e : 1 / 8 " = 1 ' - 0 " N O R T H T h i r d F l o o r P l a n S c a l e : 1 / 8 " = 1 ' - 0 " N O R T H T H - C T H - C T H - B T H - A T H - A 3 1 ' - 6 " 3 1 ' - 6 " 6 3 ' - 0 " 40'-3"36'-4"36'-2" 112'-9" 40'-3"25'-8"36'-2" 102'-1" 3 1 ' - 2 " 3 1 ' - 1 0 " T.O.ROOF SLABELEV.+33'-0" 1 A - 5 1 A - 5 1 A - 5 1 A - 5 3 0 ' - 0 " R E Q U I R E D U P P E R F L O O R S E T B A C K T O B U I L D I N G E N C L O S E D S T R U C T U R E 30'-0" REQUIRED UPPER FLOOR SETBACK TO BUILDING ENCLOSED STRUCTURE 30'-0" REQUIRED UPPER FLOOR SETBACK TO BUILDING ENCLOSED STRUCTURE 30'-0" REQUIRED UPPER FLOOR SETBACKTO BUILDING ENCLOSED STRUCTURE 3 0 ' - 0 " R E Q U I R E D T H I R D F L O O R S E T B A C K T O B U I L D I N G E N C L O S E D S T R U C T U R E 30'-0" REQUIRED THIRD FLOOR SETBACK TO BUILDING ENCLOSED STRUCTURE 30'-0" REQUIRED THIRD FLOOR SETBACK TO BUILDING ENCLOSED STRUCTURE P R O P E R T Y L I N E 3 0 ' - 1 " P R O V I D E D S E T B A C K @ T H I R D F L O O R PROPERTY LINE PROPERTY LINE 3 0 ' - 0 " P R O V I D E D S E T B A C K @ T H I R D F L O O R 30'-51 2"PRO V I D E D S E T B A C K @ T H I R D F L O O R COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 B U I L D I N G T H I R D & R O O F P L A N A - 2 1 1 1 1 1 1 L I G H T F I X T U R E ( B U I L D E R S E L E C T E D ) S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " J H G F E D C A B E L E V A T I O N N O T E S M A S O N R Y G A R D E N W A L L W / S M O O T H S T U C C O F I N I S H . R E F E R T O S T R U C T U R A L D R A W I N G S . P A I N T E D W / " E X T R A W H I T E S W - 7 0 0 6 " F L U S H P A N E L M E T A L D O O R W I T H R E S Y S T A A P P L I E D M A T E R I A L . R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O I M P A C T R E S I S T A N T D O O R S A N D W I N D O W S W / B R O N Z E F R A M E . R E F E R T O D O O R A N D W I N D O W S C H E D U L E P R O V I D E N . O . A . F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L 8 " T H I C K C O N C R E T E E Y E B R O W . R E F E R T O S T R U C T U R A L D W G S . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 8 " R E S Y S T A A P P L I E D M A T E R I A L F V G C 2 3 A G E D T E A K . ( S A M P L E T O B E P R O V I D E D F O R A R C H I T E C T S A P P R O V A L P R I O R T O O R D E R I N G ) R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O 3 9 " H I G H A L U M I N U M R A I L B R O N Z E F I N I S H . B Y S O U T H F L O R I D A A L U M . P R O V I D E S H O P D R A W I N G F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L P A R A P E T W A L L W / S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " K 8 " x 8 " P O U R E D C O N C R E T E C O L U M N & B E A M S S M O O T H F I N I S H . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 2 n d F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 s t F I N I S H F L O O R E L E V : 0 ' - 0 " N o r t h E l e v a t i o n S c a l e : 3 / 1 6 " = 1 ' - 0 " T . O . A V E R A G E C R O W N O F R O A D E L E V : - 2 ' - 0 " A V E R A G E C R O W N O F R O A D E L . + 5 . 6 0 ' T . O . W I N D O W S E L E V : 1 9 ' - 8 " T . O . W I N D O W S E L E V : 9 ' - 0 " 3 r d F I N I S H F L O O R E L E V : 2 2 ' - 4 " T . O . W I N D O W S E L E V : 3 0 ' - 4 " T . O . R O O F S L A B E L E V : 3 3 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 5 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 6 ' - 8 " KAHABKHED B A K H E F D B G G J C N o r t h E l e v a t i o n W / G a r d e n W a l l S c a l e : 3 / 1 6 " = 1 ' - 0 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 N O R T H E L E V A T I O N A - 3 L I G H T F I X T U R E ( B U I L D E R S E L E C T E D ) S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " J H G F E D C A B E L E V A T I O N N O T E S M A S O N R Y G A R D E N W A L L W / S M O O T H S T U C C O F I N I S H . R E F E R T O S T R U C T U R A L D R A W I N G S . P A I N T E D W / " E X T R A W H I T E S W - 7 0 0 6 " F L U S H P A N E L M E T A L D O O R W I T H R E S Y S T A A P P L I E D M A T E R I A L . R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O I M P A C T R E S I S T A N T D O O R S A N D W I N D O W S W / B R O N Z E F R A M E . R E F E R T O D O O R A N D W I N D O W S C H E D U L E P R O V I D E N . O . A . F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L 8 " T H I C K C O N C R E T E E Y E B R O W . R E F E R T O S T R U C T U R A L D W G S . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 8 " R E S Y S T A A P P L I E D M A T E R I A L F V G C 2 3 A G E D T E A K . ( S A M P L E T O B E P R O V I D E D F O R A R C H I T E C T S A P P R O V A L P R I O R T O O R D E R I N G ) R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O 3 9 " H I G H A L U M I N U M R A I L B R O N Z E F I N I S H . B Y S O U T H F L O R I D A A L U M . P R O V I D E S H O P D R A W I N G F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L P A R A P E T W A L L W / S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " K 8 " x 8 " P O U R E D C O N C R E T E C O L U M N & B E A M S S M O O T H F I N I S H . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 2 n d F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 s t F I N I S H F L O O R E L E V : 0 ' - 0 " W e s t E l e v a t i o n S c a l e : 3 / 1 6 " = 1 ' - 0 " T . O . A V E R A G E C R O W N O F R O A D E L E V : - 2 ' - 0 " A V E R A G E C R O W N O F R O A D E L . + 5 . 6 0 ' T . O . W I N D O W S E L E V : 1 9 ' - 8 " T . O . W I N D O W S E L E V : 9 ' - 0 " 3 r d F I N I S H F L O O R E L E V : 2 2 ' - 4 " T . O . W I N D O W S E L E V : 3 0 ' - 4 " 35'-0"3'-8" T . O . R O O F S L A B E L E V : 3 3 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 5 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 6 ' - 8 " G J K H H B 1 H E B A H J K GJKHHBBHEBAH J KLIGHT FIXTURE BY HINKLEY (2924 PS-GU24) W e s t E l e v a t i o n W / G a r d e n W a l l S c a l e : 3 / 1 6 " = 1 ' - 0 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 W E S T E L E V A T I O N A - 4 L I G H T F I X T U R E ( B U I L D E R S E L E C T E D ) S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " J H G F E D C A B E L E V A T I O N N O T E S M A S O N R Y G A R D E N W A L L W / S M O O T H S T U C C O F I N I S H . R E F E R T O S T R U C T U R A L D R A W I N G S . P A I N T E D W / " E X T R A W H I T E S W - 7 0 0 6 " F L U S H P A N E L M E T A L D O O R W I T H R E S Y S T A A P P L I E D M A T E R I A L . R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O I M P A C T R E S I S T A N T D O O R S A N D W I N D O W S W / B R O N Z E F R A M E . R E F E R T O D O O R A N D W I N D O W S C H E D U L E P R O V I D E N . O . A . F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L 8 " T H I C K C O N C R E T E E Y E B R O W . R E F E R T O S T R U C T U R A L D W G S . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 8 " R E S Y S T A A P P L I E D M A T E R I A L F V G C 2 3 A G E D T E A K . ( S A M P L E T O B E P R O V I D E D F O R A R C H I T E C T S A P P R O V A L P R I O R T O O R D E R I N G ) R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O 3 9 " H I G H A L U M I N U M R A I L B R O N Z E F I N I S H . B Y S O U T H F L O R I D A A L U M . P R O V I D E S H O P D R A W I N G F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L P A R A P E T W A L L W / S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " K 8 " x 8 " P O U R E D C O N C R E T E C O L U M N & B E A M S S M O O T H F I N I S H . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 2 n d F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 s t F I N I S H F L O O R E L E V : 0 ' - 0 " S o u t h E l e v a t i o n S c a l e : 3 / 1 6 " = 1 ' - 0 " T . O . A V E R A G E C R O W N O F R O A D E L E V : - 2 ' - 0 " A V E R A G E C R O W N O F R O A D E L . + 5 . 6 0 ' T . O . W I N D O W S E L E V : 1 9 ' - 8 " T . O . W I N D O W S E L E V : 9 ' - 0 " 3 r d F I N I S H F L O O R E L E V : 2 2 ' - 4 " T . O . W I N D O W S E L E V : 3 0 ' - 4 " T . O . R O O F S L A B E L E V : 3 3 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 5 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 6 ' - 8 " H K A B E D G J GBHBHFEAD A K C A S o u t h E l e v a t i o n W / G a r d e n W a l l S c a l e : 3 / 1 6 " = 1 ' - 0 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 S O U T H E L E V A T I O N A - 5 L I G H T F I X T U R E ( B U I L D E R S E L E C T E D ) S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " J H G F E D C A B E L E V A T I O N N O T E S M A S O N R Y G A R D E N W A L L W / S M O O T H S T U C C O F I N I S H . R E F E R T O S T R U C T U R A L D R A W I N G S . P A I N T E D W / " E X T R A W H I T E S W - 7 0 0 6 " F L U S H P A N E L M E T A L D O O R W I T H R E S Y S T A A P P L I E D M A T E R I A L . R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O I M P A C T R E S I S T A N T D O O R S A N D W I N D O W S W / B R O N Z E F R A M E . R E F E R T O D O O R A N D W I N D O W S C H E D U L E P R O V I D E N . O . A . F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L 8 " T H I C K C O N C R E T E E Y E B R O W . R E F E R T O S T R U C T U R A L D W G S . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 8 " R E S Y S T A A P P L I E D M A T E R I A L F V G C 2 3 A G E D T E A K . ( S A M P L E T O B E P R O V I D E D F O R A R C H I T E C T S A P P R O V A L P R I O R T O O R D E R I N G ) R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O 3 9 " H I G H A L U M I N U M R A I L B R O N Z E F I N I S H . B Y S O U T H F L O R I D A A L U M . P R O V I D E S H O P D R A W I N G F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L P A R A P E T W A L L W / S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " K 8 " x 8 " P O U R E D C O N C R E T E C O L U M N & B E A M S S M O O T H F I N I S H . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % LIGHT FIXTURE BY HINKLEY (2924 PS-GU24) 2 n d F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 s t F I N I S H F L O O R E L E V : 0 ' - 0 " E a s t E l e v a t i o n S c a l e : 3 / 1 6 " = 1 ' - 0 " T . O . A V E R A G E C R O W N O F R O A D E L E V : - 2 ' - 0 " A V E R A G E C R O W N O F R O A D E L . + 5 . 6 0 ' T . O . W I N D O W S E L E V : 1 9 ' - 8 " T . O . W I N D O W S E L E V : 9 ' - 0 " 3 r d F I N I S H F L O O R E L E V : 2 2 ' - 4 " T . O . W I N D O W S E L E V : 3 0 ' - 4 " T . O . R O O F S L A B E L E V : 3 3 ' - 0 " 35'-0" T . O . P A R A P E T W A L L E L E V : 3 5 ' - 0 " 3'-8" T . O . P A R A P E T W A L L E L E V : 3 6 ' - 8 " K H J H A K H A E 1 D F B G KHAHAKHAEHDF B G E a s t E l e v a t i o n W / G a r d e n W a l l S c a l e : 3 / 1 6 " = 1 ' - 0 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 E A S T E L E V A T I O N A - 6 L I G H T F I X T U R E ( B U I L D E R S E L E C T E D ) S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " J H G F E D C A B E L E V A T I O N N O T E S M A S O N R Y G A R D E N W A L L W / S M O O T H S T U C C O F I N I S H . R E F E R T O S T R U C T U R A L D R A W I N G S . P A I N T E D W / " E X T R A W H I T E S W - 7 0 0 6 " F L U S H P A N E L M E T A L D O O R W I T H R E S Y S T A A P P L I E D M A T E R I A L . R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O I M P A C T R E S I S T A N T D O O R S A N D W I N D O W S W / B R O N Z E F R A M E . R E F E R T O D O O R A N D W I N D O W S C H E D U L E P R O V I D E N . O . A . F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L 8 " T H I C K C O N C R E T E E Y E B R O W . R E F E R T O S T R U C T U R A L D W G S . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 8 " R E S Y S T A A P P L I E D M A T E R I A L F V G C 2 3 A G E D T E A K . ( S A M P L E T O B E P R O V I D E D F O R A R C H I T E C T S A P P R O V A L P R I O R T O O R D E R I N G ) R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O 3 9 " H I G H A L U M I N U M R A I L B R O N Z E F I N I S H . B Y S O U T H F L O R I D A A L U M . P R O V I D E S H O P D R A W I N G F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L P A R A P E T W A L L W / S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " K 8 " x 8 " P O U R E D C O N C R E T E C O L U M N & B E A M S S M O O T H F I N I S H . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 2 n d F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 s t F I N I S H F L O O R E L E V : 0 ' - 0 " B u i l d i n g S e c t i o n 1 S c a l e : 3 / 1 6 " = 1 ' - 0 " T . O . A V E R A G E C R O W N O F R O A D E L E V : - 2 ' - 0 " A V E R A G E C R O W N O F R O A D E L . + 5 . 6 0 ' T . O . W I N D O W S E L E V : 1 9 ' - 8 " T . O . W I N D O W S E L E V : 9 ' - 0 " 3 r d F I N I S H F L O O R E L E V : 2 2 ' - 4 " T . O . W I N D O W S E L E V : 3 0 ' - 4 " T . O . R O O F S L A B E L E V : 3 3 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 5 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 6 ' - 8 " 10'-0" CEILING HEIGHT 9'-0" CEILING HEIGHT 9'-0" CEILING HEIGHT 10'-0"CEILING HEIGHT 9'-0"CEILING HEIGHT 9'-0"CEILING HEIGHT 10'-0" CEILING HEIGHT 9'-0" CEILING HEIGHT 9'-0" CEILING HEIGHT G R O U N D F L O O R T H - B G R O U N D F L O O R T H - A GROUND FLOORTH-C S E C O N D F L O O R T H - B S E C O N D F L O O R T H - A SECOND FLOORTH-C T H I R D F L O O R T H - B T H I R D F L O O R T H - A THIRD FLOORTH-C ( E L E V . + 7 . 6 0 ' N . G . V . D . ) 11'-8"10'-8"10'-8" COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 B U I L D I N G S E C T I O N A - 7 T H - A : G r o u n d F l o o r P l a n S c a l e : 3 / 1 6 " = 1 ' - 0 " TH-A: Second Floor Plan S c a l e : 3 / 1 6 " = 1 ' - 0 " TH-A: Third Floor Plan S c a l e : 3 / 1 6 " = 1 ' - 0 " 9 6 7 S Q . F T . A R E A C A L C U L A T I O N S S E C O N D F L O O R A / C 1 , 2 2 0 S Q . F T . T H I R D F L O O R A / C 8 2 6 S Q . F T . T O T A L A / C 3 , 0 1 3 S Q . F T . G A R A G E 4 0 3 S Q . F T . B A L C O N I E S 2 3 5 S Q . F T . O P E N T E R R A C E 2 1 0 S Q . F T . T O T A L A R E A 3 , 9 7 3 S Q . F T . E Q U I P M E N T A R E A 1 1 2 S Q . F T . G R O U N D F L O O R A / C G r e a t R o o m 3 8 ' - 7 " x 2 1 ' - 0 " / 1 5 ' - 3 " C E I L I N G H E I G H T : 1 0 ' - 0 " 2 C a r G a r a g e 1 9 ' - 6 " x 1 9 ' - 6 " C E I L I N G H E I G H T : 1 1 ' - 0 " 2 S t o r y F o y e r C L G H T : 2 1 ' - 0 " P w d r . U P UPDNDN PANTRY48"REF DBL.SINKDW 48" RANGE W/HOOD E L E V . OpentoBelow OpentoBelow Master Suite18'-0" x 17'-1"CEILING HEIGHT: 9'-0"Suite - 212'-11" x 12'-4"CEILING HEIGHT: 9'-0"HisClosetCLG HT: 9'-0"HerClosetCLG HT: 9'-0"MasterBathCLG HT: 9'-0"W.I.C.CLG HT: 9'-0"W.I.C.CLG HT: 9'-0"BathCLG HT: 9'-0"BathCLG HT: 9'-0"WASHDRYBalconyBalcony BalconyELEV.ELEV.Club Room15'-11" x 21'-0"CEILING HEIGHT: 9'-0"Suite - 313'-9" x 13'-2"CEILING HEIGHT: 9'-0"Open Terrace12'-6" x 16'-4" F I N I S H F L O O R E L E V : 0 ' - 0 " FINISH FLOORELEV: 11'-8"FINISH FLOORELEV: 22'-4" 2 A 1 3 6 77812BCDBCD R O L L O U T B I N S 1 9 ' - 6 " 19'-6" COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 T H - A F L O O R P L A N S A - 8 1 1 T H - B G r o u n d F l o o r P l a n S c a l e : 3 / 1 6 " = 1 ' - 0 " TH-B: Third Floor PlanScale: 3/16"=1'-0" T H - B : S e c o n d F l o o r P l a n S c a l e : 3 / 1 6 " = 1 ' - 0 " 2 C a r G a r a g e 2 0 ' - 0 " x 2 0 ' - 2 " C E I L I N G H E I G H T : 1 1 ' - 0 " F o y e r C L G H T : 1 0 ' - 0 " P w d r . G r e a t R o o m 3 6 ' - 0 " x 1 8 ' - 8 " C E I L I N G H E I G H T : 1 0 ' - 0 " PANTRY48"REF DBL.SINKDW 48" RANGE W/HOOD P a n t r y C L G H T : 1 0 ' - 0 " E L E V . E L E V . ELEV. M a s t e r S u i t e 1 6 ' - 0 " x 1 8 ' - 8 " C E I L I N G H E I G H T : 9 ' - 0 " S u i t e - 2 1 9 ' - 1 " x 1 3 ' - 7 " C E I L I N G H E I G H T : 9 ' - 0 " H i s C l o s e t C L G H T : 9 ' - 0 " H e r C l o s e t C L G H T : 9 ' - 0 " M a s t e r B a t h C L G H T : 9 ' - 0 " O p e n t o B e l o w U P D N U P DN W . I . C . C L G H T : 9 ' - 0 " W.I.C.CLG HT: 9'-0" B a t h C L G H T : 9 ' - 0 " BathCLG HT: 9'-0"Club Room21'-8" x 14'-0"CEILING HEIGHT: 9'-0"Suite - 319'-8" x 13'-7"CEILING HEIGHT: 9'-0" B a l c o n y Balcony B a l c o n y Open Terrace19'-8" x 13'-9"EquipmentArea10'-1" x 10'-7" 1 , 1 2 7 S Q . F T . A R E A C A L C U L A T I O N S S E C O N D F L O O R A / C 1 , 5 4 1 S Q . F T . T H I R D F L O O R A / C 1 , 0 1 7 S Q . F T . T O T A L A / C 3 , 6 8 5 S Q . F T . G A R A G E 4 4 1 S Q . F T . B A L C O N I E S 2 2 4 S Q . F T . O P E N T E R R A C E 4 7 1 S Q . F T . T O T A L A R E A 4 , 9 3 2 S Q . F T . E Q U I P M E N T A R E A 1 1 1 S Q . F T . G R O U N D F L O O R A / C AHU#3 A H U # 2 AHU#1 WASH DRY MEDIA WALL FINISH FLOORELEV: 22'-4" F I N I S H F L O O R E L E V : 0 ' - 0 " F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 4 5 7 9 1 0 1 0 7 1011 E F G GFH ROLL OUT BINS 2 0 ' - 0 " 20'-2" COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 T H - B F L O O R P L A N S A - 9 1 1 DN DNUP ELEV.WASHAHU#2 SEATDRY U P PANTRY48"REF DBL.SINKDW 48" RANGE W/HOOD 9 7 1 S Q . F T . A R E A C A L C U L A T I O N S S E C O N D F L O O R A / C 1 , 2 6 5 S Q . F T . T H I R D F L O O R A / C 7 8 8 S Q . F T . T O T A L A / C 3 , 0 2 4 S Q . F T . G A R A G E 4 1 5 S Q . F T . B A L C O N I E S 2 3 5 S Q . F T . O P E N T E R R A C E 2 6 9 S Q . F T . T O T A L A R E A 4 , 0 5 1 S Q . F T . E Q U I P M E N T A R E A 1 0 8 S Q . F T . G R O U N D F L O O R A / C OpentoBelowTH-C: Third Floor Plan S c a l e : 3 / 1 6 " = 1 ' - 0 " TH-C: Second Floor Plan S c a l e : 3 / 1 6 " = 1 ' - 0 " T H - C : G r o u n d F l o o r P l a n S c a l e : 3 / 1 6 " = 1 ' - 0 " Master Suite18'-0" x 13'-9"CEILING HEIGHT: 9'-0" G r e a t R o o m 3 5 ' - 0 " x 1 8 ' - 2 " C E I L I N G H E I G H T : 1 0 ' - 0 " Club Room19'-11" x 14'-6"CEILING HEIGHT: 9'-0"MasterBath16'-7" x 9'-4"CLG HT: 9'-0"HisClosetCLG HT: 9'-0"BalconyHerClosetCLG HT: 9'-0"LoftCLG HT: 9'-0"W.I.C.CLG HT: 9'-0"BathCLG HT: 9'-0"Balcony Suite - 213'-1" x 15'-7"CEILING HEIGHT: 9'-0" 2 C a r G a r a g e 1 9 ' - 6 " x 2 0 ' - 1 " C E I L I N G H E I G H T : 1 1 ' - 0 " 2 S t o r y F o y e r C L G H T : 2 1 ' - 0 " P w d r . E L E V . ELEV.Suite - 313'-2" x 11'-4"CEILING HEIGHT: 9'-0"BathCLG HT: 9'-0"Open Terrace19'-8" x 13'-10"EquipmentArea10'-1" x 10'-0"BalconyAHU#3 M E D I A W A L L FINISH FLOORELEV: 22'-4" F I N I S H F L O O R E L E V : 0 ' - 0 " FINISH FLOORELEV: 11'-8" 3 1 2 867812 J JADDKM R O L L O U T B I N S 20'-1" 1 9 ' - 6 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 T H - C F L O O R P L A N S A - 1 0 1 1 D O O R T Y P E S : ( A S V I E W E D F R O M E X T E R I O R ) WINDOW TYPES: 4 3 1 BA NOTES:WINDOW SCHEDULE D O O R S C H E D U L E : D O O R S D O O R S I Z E W I D T H H E I G H T M A T E R I A L F R A M E S G L A Z I N G R E M A R K S S T Y L E F I N I S H X T H I C K N E S S WINDOW SIZEREMARKSXWIDTHHEIGHTWINDOW TYPEFRAMEFRAME FINISHROUGH OPENINGA2'-4"ALUM.BRONZE5'-0"BALUM.DALUM.20'-0"PER MANUF. SPECSC10'-7"ALUM.20'-0"F2'-4"8'-0"FIXEDALUM. 5 G8'-6"8'-0"ALUM. E X T E R I O R 5 3 7 8 9 1 0 9 ' - 0 " 1 4 ' - 0 " 1 3 4 " A L U M . 1 3 4 " A L U M . 1 2 ' - 0 " 8 ' - 0 " 1 0 ' - 0 " 8 ' - 0 " 2 ' - 1 0 " 8 ' - 0 " 1 3 4 " M E T A L H O L L O W C O R E M A T C H I N T E R I O R W I T H I N T E R I O R D O O R F I N I S H E S & S T Y L E L O W E I N S U L A T E D L O W E I N S U L A T E D L O W E I N S U L A T E D S L I D I N G G L A S S 1 3 4 " A L U M . 4 P A N E L S L I D E R ( O X X O ) S L I D I N G G L A S S 2 P A N E L S L I D E R ( O X ) 2 7 8 9 1. ALL EXTERIOR GLAZING UNITS SHALL BE IMPACT RESISTANT WITH FLORIDA PRODUCT APPROVAL.(SHADING COEFFICIENT OF GLAZING SHALL COMPLY WITH FLORIDA ENERGY CALCULATIONS.)2. COORDINATE ALL ROUGH OPENINGS WITH WINDOW / DOOR MANUFACTURER - ALL DIMENSIONSARE NOMINAL (CONCRETE OR ROUGH OPENING) DIMENSIONS, PROVIDE ENGINEERED SHOPDRAWINGS & METRO DADE PRODUCT APPROVAL NOTICES FOR ALL WINDOWS, EXT. DOORS3. ALL WINDOWS / DOORS SHALL COMPLY WITH FBC 5th EDITION (2014)4. PROVIDE SHOP DRAWINGS FOR ALL GLAZING FOR ARCHITECTS REVIEW AND APPROVAL PRIOR TOFABRICATION.5. ALL DOORS TO COMPLY WITH CODE. IMPACT AND WIND LOAD REQUIREMENTS (SUBMITMANUFACTURES CUT SHEET / PRODUCT APPROVALS.)6. FIELD VERIFY ALL WINDOW AND DOOR OPENINGS PRIOR TO FABRICATION.7. ALL WINDOWS NOTED AS EGRESS WINDOWS S H A L L C O M P L Y W I T H F . B . C . S I L L H E I G H T S H A L L N O T EXCEED 44' A.F.F. MIN. OPG. HT. SHALL BE 24" AN D M I N O P G . W I D T H S H A L L B E 2 0 " . M I N . C L E A R O P E N AREA SHALL BE 5.7 SQ. FT. (5.0 SQ FT. @ 1ST FLO O R ) . 8. ALL EGRESS WINDOWS IN SLEEPING ROOM SH O U L D H A V E A M I N I M U M C L E A R O P E N I N G O F 5 . 7 S Q . FT9. ALL EXTERIOR DOORS / WINDOWS SHALL BE I N S T A L L E D P E R F L O R I D A P R O D U C T A P P R O V A L . 10. ALL MUNTINS TO BE RAISED TYPE ON BOTH I N S I D E A N D O U T S I D E O F W I N D O W . 11. APPLY SHERWIN WILLIAMS SHER-CRETE FLEX I B L E C O N C R E T E W A T E R P R O O F ( T E X T U R E D A 5 SERIES) AT EXTERIOR PERIMETER OF ALL DOOR & W I N D O W M A S O N R Y O P E N I N G S T O A D I S T A N C E OF 12" FROM EDGE OF OPENING UNLESS OTHER W I S E N O T E D . 12. USE LOUVERED DOOR AT HVAC CLOSET IF N O R E T U R N A I R I S P R O V I D E D 9 ' - 0 " 2 4 ' - 0 " B R O N Z E 1 1 1 2 6 6 L O W E I N S U L A T E D 7 ' - 0 " 8 ' - 0 " S L I D I N G G L A S S 1 3 4 " A L U M . 2 P A N E L S L I D E R ( O X ) L O W E I N S U L A T E D 8 ' - 0 " L O W E I N S U L A T E D 3 ' - 0 " 8 ' - 0 " F R E N C H 1 3 4 " A L U M . 9'-0"E8'-6"FIXED/STOREFRONT SYS.ALUM.3'-10"21'-6"E HALUM.9'-8"8'-0"JALUM.8'-0"K 1 - 8 ' - 8 " 1 6 ' - 0 " O V E R H E A D M E T A L G A R A G E D O O R W / R E S Y S T A V E N E E R . P R O V I D E N O A F O R A P P R O V A L - - - 2 9 ' - 0 " 3 ' - 6 " 1 3 4 " W O O D C U S T O M C U S T O M S T A I N T O B E C O O R D I N A T E D W I T H R E S Y S T A F I N I S H T O M A T C H S T A I N - 4 9 ' - 0 " 3 ' - 0 " 1 3 4 " W O O D C U S T O M C U S T O M S T A I N T O B E C O O R D I N A T E D W I T H R E S Y S T A F I N I S H T O M A T C H . 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FIXED/STOREFRONT SYS.9'-0"4'-3"4'-3"8'-6"2'-4"8'-0"F FIXEDGFIXED/STOREFRONT SYS.8'-0"4'-3"4'-3"8'-6" 8'-0" EQ.EQ.9'-8"EQ.H FIXED/STOREFRONT SYS. J F I X E D / S T O R E F R O N T S Y S . 4 ' - 1 " 4 ' - 1 " 8 ' - 2 " 8'-5"2'-4"8'-11" 19'-8" K F I X E D / S T O R E F R O N T S Y S . 8'-4"2'-5" 10'-10" 3 ' - 1 0 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : 1 6 - 0 1 7 R B R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 W I N D O W & D O O R S C H E D U L E A - 1 1 Planning, Zoning, and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Schumacher Automotive Delray Project Location: 1835 Old Dixie Highway Request: Class IV Site Plan, Landscape Plan, and Architectural Elevations. Board: Site Plan Review and Appearance Board Meeting Date: April 12, 2017 Board Actions: Approved the Class IV Site Plan (2016-257) with conditions on a 6 to 0 vote; approved the Architectural Elevations with conditions on a 6 to 0 vote; approved the Landscape Plan with conditions on a 6 to 0 vote. Project Description: The subject property consists of 13.85 acres of land, generally located on the west side of South Federal Highway, south of Linton Boulevard. The subject property is zoned AC (Automotive Commercial) with a GC (General Commercial) Future Land Use Map (FLUM) designation. The Class IV Site Plan modification is to construct a new one-story Subaru Dealership building in the center of the site, to reconfigure existing parking areas, and to modify the existing Lincoln Dealership building by updating the building elevations and enclosing one covered drive to create additional office area. Board comments: Concern regarding the existing nonconforming low percentage of open space on the site was discussed. The Board approved the project with Staff’s conditions and also added a condition at the applicant’s request (#2 below): 1. Prior to obtaining a Tree Removal Permit, the applicant shall pay $48,655 into the City’s Tree Trust fund. 2. Allow the parking spaces on the north side of the Lincoln Building to be administratively adjusted to maintain the current driveway access. Public Comments: No public comment was provided at the meeting. The Tropic Isle Civic Association was notified of the project and raised no objections or concerns. Associated Actions: All required actions were taken. Next Action: SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 12, 2017 ITEM: Schumacher Automotive Delray – Class IV Site Plan, Landscape Plan and Architectural Elevations associated with construction of a new building, parking lot reconfiguration, landscaping modifications, and modifications to an existing building, enclosing a service drive to create additional office space. RECOMMENDATION: Approve the Class IV Site Plan, the Landscape Plan with a condition, and the Architectural Elevations GENERAL DATA: Owner……………………… Applicant…………………… Schumacher Auto Group Delray LLC. Jason A. Webber, PE. Agent………………………. Weiner & Thompson, P. A. Address……………………. 1835 Old Dixie Highway Location............................. On the west side of South Federal Highway, south of Linton Blvd. Property Size...................... 13.85 acres (602,694 sq.ft.) Future Land Use Map......... GC (General Commercial) Current Zoning.................... AC (Automotive Commercial) Adjacent Zoning….... North: PC (Planned Commercial) South: AC (Automotive Commercial) East: PC (Planned Commercial) & AC (Automotive Commercial) West: CF (Community Facilities) Existing Land Use............... Automotive Dealership Proposed Land Use…........ No Change Water Service..................... Existing on site Sewer Service..................... Existing on site ITEM BEFORE THE BOARD The item before the Board is the approval of the following aspects of a Class IV site plan request for Schumacher Automotive Delray, pursuant to Land Development Regulations (LDR) Section 2.4.5(F):  Site Plan;  Landscape Plan; and,  Architectural Elevations The subject property is located at 1835 Old Dixie Highway on the west side of South Federal Highway, south of Linton Blvd. BACKGROUND ANALYSIS The subject property is a platted parcel of land consisting of 13.85 acres. It is zoned AC (Automotive Commercial) with a GC (General Commercial) Future Land Use Map (FLUM) designation. Now before the Board for consideration is a Class IV Site Plan to construct a new one-story Subaru Dealership building in the center of the site, to reconfigure parking areas, and to modify the existing Lincoln Dealership building by enclosing one covered drive to create additional office area. PROJECT DESCRIPTION The development proposal consists of the following:  Construction of a new 9,100 square foot, one-story Subaru Dealership building (BLDG #1400 on the Site Plan) in the center of the site, with an automobile showroom, administrative and sales offices, and automobile service facilities;  Reconfiguration of the existing parking areas;  Modification of the existing Lincoln Dealership building (BLDG #300 on the Site Plan) by enclosing one service bay to create 490 square feet of additional administrative and sales office area;  Landscaping the affected areas. SITE PLAN MODIFICATION ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix – Nonresidential Zoning Districts: The following table indicates that the development proposal complies with the applicable development standards of LDR Section 4.3.4(K) and 4.4.10(F) as they pertain to the Automotive Commercial (AC) zoning district: SPRAB Report of April 12, 2017 Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray Page 2 AC Required Provided Min. Lot Area (acres) 1.5* 13.85 Min. Lot Width (ft.) 125* 1,204 Min. Lot Depth (ft.) 200* 542 Min. Lot Frontage (ft.) 125* 871 Min. Open Space (%) 25 15.1 Min. Front Setback (ft.) 15 25 Min. Side Interior Setback (ft.) - N 0 11.1 Min. Side Interior Setback (ft.) - S 0 15.3 Min. Rear Setback (ft.) 10 0 Max. Bldg. Height (ft.) 48 24’-2” Min. Buffer (ft.) – US1 20 20 Min. Buffer (ft.) – Dixie 20 0 *Items indicated by an asterisk (*) are specific to lots explicitly for the sale, lease or rental of automobiles or trucks. Three development standards are not met in the proposed site plan: minimum percentage of open space, minimum rear setback, and minimum buffer along Old Dixie Highway. Each of these conditions is an existing non-conformity on the site. The minimum open space requirement (non-vehicular areas) standard is 25%. Currently, the site has 14.3% open space. Under the proposed development, the open space is increased to 15.1%, reducing the existing nonconformity. Pursuant to LDR Section 4.6.16(B)(4), “modifications to existing development which results in an increase of 25% of gross floor area…shall be upgraded to present landscape standards.” The proposed building is 9,100 square feet, which is only 6% of the 148,275 square feet of gross developed area of the site; therefore, the site is not required to meet the open space standard or to upgrade the landscaping to current standards. An existing building located in the northwest corner of the site, along Old Dixie Highway has a non- conforming setback. The required setback for this 2,400 sq. ft. building is 10 feet and zero feet exists. No changes are proposed in this portion of the site or to the building. The nonconforming setback is maintained and not increased under the proposal. Pursuant to Section 4.3.4(H)(6)(b)(1), a 20-ft. special landscape setback is required along both Federal Highway and Old Dixie Highway. Portions of the property do not meet this standard along Old Dixie Highway, including the northwest portion with the above-referenced building located on the property line. This area of the site is not part of the proposed redevelopment changes. The existing non- conformity along the northern portion of the Old Dixie Highway will not be increased under the proposal. Supplemental District Regulations: LDR Section 4.6.9 (Parking Requirements): Pursuant to LDR section 4.6.9(C)(3)(f), vehicle sales and rental, shall provide 4 spaces per 1,000 sq. ft. of total building(s) area, except indoor display areas. Required parking spaces shall be designated for employee, customer and/or service use at the standard of at least 1.5 spaces per service bay and 2 spaces per 1,000 sq. ft. of floor area (less indoor display area). Any remaining spaces may be used for display purposes. Pursuant to LDR section 4.6.9(C)(5)(b), vehicle, paint, body and repair shops shall provided 4.5 spaces per 1,000 sq. ft. of gross floor area. The table below depicts the overall number of required parking spaces (482); the portion of the overall required parking designated to serve customer, employee, and service uses; and the parking provided. SPRAB Report of April 12, 2017 Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray Page 3 As indicated from the table above, the parking requirement for the overall site is met. LDR Section 4.4.10.G.6 (Lighting Restrictions): Pursuant to LDR Section 4.4.10.G.6., when measured 10’ inside any property line, a maximum of 100 foot-candles is permitted within display areas and 40 foot-candles within all other areas. After 11:00 p.m., the illumination in display areas shall be reduced to 50 foot-candles. All light fixtures shall meet the maximum height requirement of twenty-five feet (25’), shall be directed away from adjacent properties, have a sharp cutoff luminary and be confined to the site only. As a photometric plan has been provided that satisfies this requirement, this standard is met. LANDSCAPE PLAN ANALYSIS A Landscape Plan has been submitted and evaluated by the City’s Senior Landscape Planner. The plan provides for parking lot islands, perimeter and building foundation landscaping. The addition of a new building to the site necessitates reconfiguring parking and landscaped areas on the site. Pursuant to Section 4.6.16(B)(4), since the increase of gross floor area on the site is less than 25%, the entire site is not required to be upgraded to present landscape standards. The proposed Landscape Plan includes upgrades to areas beyond the affected areas of the site plan, including adding landscaping along Old Dixie Highway. Pursuant to LDR Section 4.6.16(H)(3)(g), interior landscaping within off-street parking areas shall amount to no less than 10% of the total area used for parking and accessways. Pursuant to LDR Section 4.6.16(H)(3)(m), up to 25% of the required interior landscaping for parking spaces may be relocated to emphasize corridors or special landscape areas within the general parking area or adjacent to buildings located on the site, if this is helpful in achieving greater overall aesthetic effect. The applicant has provided a Landscape Area Exhibit (Exhibit 1) depicting how the interior landscaping requirement for parking lots is met and which landscape areas are proposed to be relocated. The minimum interior landscaping requirement for the parking area is 37,048 square feet, which is provided. However, certain landscaping features required in parking lots, specifically areas for landscape islands and the five-foot wide landscape strip between parking tiers, are proposed to be relocated. In total, 5,995 square feet of interior landscaping is proposed to be relocated to expand landscape buffer areas. The design results in 14,806 square feet more landscaping in the parking areas than required. However, it is important to note that the overall 25% open space requirement for the site is not met, though the design slightly reduces the existing nonconformity. The Landscape Plan proposes to remove and add tree species. The city evaluates tree removal based upon the condition and size of the species. The applicant has provided an arborist’s report (Exhibit 2) evaluating the existing trees on the site, determining which trees based on city standards are viable and, secondarily, which would survive relocation. The proposed Landscape Plan results in a loss of 119.5 inches of tree caliper on the site. The table below provides the overall tree plan for the site, including calculations for determining mitigation. PARKING SQ. FT. BAYS CALCULATION REQUIRED PROVIDED Overall Parking Required 120,395 4 spaces /1,000 f 482 483 Customer & Employee 59,502 2 / 1,000 120 401 Service N/A 96 Bays x 1.5 = 144 Bullpen parking N/A N/A N/A N/A 67 Total 264 468 ADA Spaces 10 15 SPRAB Report of April 12, 2017 Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray Page 4 Tree Disposition Number Existing Trees 169 Trees to Remain in Place 77 Trees to be Relocated 23 Trees to be Removed 67 Trees Dead 2 Tree Mitigation Caliper Inches Total Caliper Inches Removed 637.5 Total Caliper Inches Proposed 518 Total Caliper Provided (119.5) Pursuant to Section 4.6.19(E)(5)(d), where the property cannot accommodate tree replacement on a caliper inch-per-inch basis, an in-lieu of fee shall be deposited into the Tree Trust Fund. Based upon the code standards, to mitigate the loss of trees on the site, the applicant is required to pay $48,655 into the City’s Tree Trust fund as a condition of approval of the Landscape Plan. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(E) – Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good ta ste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Proposed Schumacher Subaru Building (BLDG #1400 on the Site Plan) The proposed architectural elevations reflect the current national Subaru Dealership brand design. The building has a vertical element finished in slate stone. The wall material is finished in metal panels colored “Silver Metallic” and has a high percentage of storefront glass on the South façade. The glazing will be insulated glass and is tinted grey “as required for sun control.” The other three elevations utilize a limestone plaster colored gray. Two covered drives provide access to customer service and have garage doors to secure the space when the business is closed. Modifications to Schumacher Lincoln Building (BLDG #300 on the Site Plan) The plan includes modifications to the existing Lincoln building (BLDG #300 on the Site Plan). Generally, the elevation update removes details that are Mediterranean in origin and adds modern details, which are generally more consistent with the high amount of glazing that exists on the building. One of five covered drives is proposed to be enclosed to create new office space. The remaining four drives will be changed from arched openings to rectangular openings. The main entry to the building is relocated from the east elevation to the north façade. The existing barrel tile, mansard roof is proposed to be removed. The wall will be clad in a ceramic material in a pearl color. Most of the existing glazing is maintained. Details include a new cantilevered “eyebrow” over the second story windows on the east SPRAB Report of April 12, 2017 Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray Page 5 and north elevations. The architecture is consistent with the new building proposed for the Subaru dealership. The design will be in harmony with adjacent properties and will not cause the nature of the environment to depreciate in appearance or value. All architectural elevations will be compatible and harmonious with the surrounding properties and an enhancement to the area. Based upon the above, positive findings can be made with regard to the criteria listed in LDR Section 4.6.18(E). REQUIRED FINDINGS Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a FLUM designation of General Commercial (GC) and Zoning District Map designation of Automotive Commercial (AC). The AC zoning district is consistent with the GC FLUM designation. Pursuant to LDR Section 4.4.10(B)(5), within the AC zoning district, full-service automobile dealerships are allowed as a permitted use and repair shops/garages are allowed as an accessory use. Based on the above, it is appropriate to make a finding with respect to consistency with the Future Land Use Map (FLUM) designation. LDR Section 3.1.1(B) - Concurrency: As described in Appendix “A”, a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1(C) - Consistency: As described in Appendix “B”, a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan analysis of this report, a positive finding of compliance with the LDR can be made when all outstanding items attached as conditions of approval are addressed. Required Findings: Pursuant to LDR Section 2.4.5(F)(5), the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table indicates the zoning and future land use designation of the properties surrounding the subject property: Adjacent Zoning Adjacent Land Use North PC (Planned Commercial) Verizon Store South AC (Automotive Commercial) Maroone Nissan Automobile Dealership SPRAB Report of April 12, 2017 Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray Page 6 East AC (Automotive Commercial) Grieco Mazda West CF Community Facilities Solid Waste Transfer Station & Miller Field The proposed development on the Schumacher Delray Automotive site will complement the existing fabric of the site, as well as the adjacent South Federal Highway corridor. The proposed improvements will not pose any adverse affects on the surrounding properties. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that the site plan will be compatible and harmonious with adjacent and nearby properties. Comprehensive Plan Policies: A review of the Comprehensive Plan has been conducted and the following objective is applicable: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed construction of a new one-story full service Subaru Dealership with an automobile showroom, administrative and sales offices, covered service drives, customer parking and display parking is similar to the automobile dealership related uses currently existing on-site. There are no known soil, topographic, or other physical considerations associated with the property that would negatively affect the proposed redevelopment. Thus, the proposed improvement is deemed a compatible and appropriate use for this site. Based upon the above, no incompatibility issues exist between the proposed automobile dealership and the surrounding land uses. Thus, a positive finding can be made with regard to Future Land Use Element Objective A-1. Future Land Use Policy A-2.4: Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community’s future development, the following shall apply: 4) Automobile dealerships shall be directed to the following areas:  North of George Bush Boulevard, between Federal and Dixie Highways;  East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market;  South of Linton Boulevard, between Federal and Dixie Highways;  Between the one-way pairs (Federal Highway), from SE 3rd Street to SE 10th Street; and from N.E. 5th Street to George Bush Boulevard;  On the north side of Linton Boulevard, between I-95 and SW 10th Avenue, and along Wallace Drive. The subject property is located south of Linton Boulevard, between South Federal Highway (US1) and Old Dixie Highway which is within the identified area. The proposed development furthers the City’s stated policy with respect to directing automobile dealerships to a particular area of the City. SPRAB Report of April 12, 2017 Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray Page 7 SOUTH FEDERAL HIGHWAY REDEVELOPMENT PLAN The South Federal Highway Redevelopment Plan creates a framework for the future redevelopment of US1 along the south corridor in Delray Beach. The Redevelopment Area includes the commercial property along both sides of South Federal Highway, between Linton Boulevard on the north and the City Limits to the south. The purpose of this plan is to guide and promote the future redevelopment of the area. The Plan, which was developed by the City of Delray Beach Planning and Zoning Department, was adopted by the City Commission on September 20, 2012. The adopted Plan supports the following applicable initiations relative to the proposed Delray Honda development:  The Plan calls for retention and expansion of the AC (Automotive Commercial) zoned properties on the west side of South Federal Highway which consist primarily of Automobile Dealerships and a few vacant properties and nonconforming uses. As such, the proposed Schumacher Automotive dealership is found consistent with the South Federal Highway Redevelopment Plan and associated aspects of the Comprehensive Plan. REVIEW BY OTHERS The development proposal is not located within a geographical area requiring review by the PGMS (Pineapple Grove Main Street), WARC (West Atlantic Development Coalition), HPB (Historic Preservation Board), CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the Tropic Isle homeowner’s association. Public Notices: No public notice is required for Class IV Site Plan applications. Letters of objection, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSMENT AND CONCLUSION The development proposal consists of construction of construction of a new one-story full service Subaru Dealership with an automobile showroom, administrative and sales offices, and customer parking and display parking, as well as modifications to the existing two-story Lincoln Dealership building. These improvements will have no negative affect on the environment or property values in the surrounding area. Upon addressing the attached conditions of approval, the development proposal will be found consistent with LDR Sections 2.4.5(F) and 3.1.1 (Required Findings), as well as applicable policies and objectives of the Comprehensive Plan. ALTERNATIVE ACTIONS A. Move postponement of the Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray, by electing to continue with direction. B. Move approval of the Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. SPRAB Report of April 12, 2017 Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray Page 8 C. Move denial of the Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: Site Plan: Move approval of the Class IV Site Plan for Schumacher Automotive Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(1)(d) and Chapter 3 of the Land Development Regulations. Landscape Plan: Move approval of the landscape plans for Schumacher Automotive Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1. Prior to obtaining a Tree Removal Permit, the applicant shall pay $48,655 into the City’s Tree Trust fund. Architectural Elevations: Move approval of the architectural elevations for Schumacher Automotive Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: Appendix “A”, Appendix “B”, Location Map, Survey, Site Plan, Landscape Plan, Civil Plans, Floor Plans and Architectural Elevations Staff Report Prepared by: Anthea Gianniotes, AICP, Senior Planner SPRAB Report of April 12, 2017 Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray Page 9 APPENDIX “A” CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer:  Water service is existing on the site and will be provided to the new building via a new lateral connection to a water main located within the Federal Highway right-of-way.  Sewer service is existing on the site and will be provided to the new building via a new lateral connection to an existing sanitary sewer lateral, which connects to a 24 inch sanitary sewer main located within the Federal Highway right-of-way. Pursuant to the City’s Comprehensive Plan, treatment capacity is available at the City’s Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: The Palm Beach County Traffic Division has indicated that the development proposal meets the minimum required standards. Parks and Recreation Facilities: Park dedication requirements do not apply to non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The proposed 9,950 sq. ft. of additional automobile dealership use will generate a net increase of 44.144 tons of solid waste per year on the site. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2046. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage will be accommodated on site through sheet flow to new and existing catch basins with exfiltration trenches. There should be no impact on drainage as it relates to this standard. SPRAB Report of April 12, 2017 Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray Page 10 APPENDIX “B” STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent SPRAB Report of April 12, 2017 Class IV Site Plan, Landscape Plan and Architectural Elevations for Schumacher Automotive Delray Page 11 F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City’s demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent L A N D S C A P E A R E A E X H I B I T S C H U M A C H E R D E L R A Y P R E P A R E D F O R S C H U M A C H E R A U T O M O T I V E D E L R A Y , L L C . NORTH E x h i b i t 1 1 February 27, 2017 Ms. Tricia Richter, PLA, ASLA Kimley-Horn 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411 RE: Delray Schumacher Dear Tricia: As you requested, I visited the Delray Schumacher car dealership on February 16 and 20, 2017, to evaluate the existing trees on the site. You provided Tree Disposition Plans dated August 2016 (Sheets L0.00, L0.01, L0.02) and Sheet L0.10 dated 12/16/2016 with trees and palms numbered consecutively from 1 to 287. METHODS I located each of the hardwood trees (palms were excluded) on the plans and identified them by common and scientific name. There are six additional trees that were not on the plans and a marked- up copy of the plans showing their approximate locations is attached. I numbered them consecutively as 288-293. I measured each tree’s trunk diameter at breast height (DBH = 4.5 feet above grade), overall height, and crown spread. I evaluated each tree’s condition using the rating system in Guide for Plant Appraisal, 9th edition (Council of Tree & Landscape Appraisers. 2000. International Society of Arboriculture. Champaign, IL USA. pp. 33-34) to obtain a condition rating by percentage. I evaluated each tree’s potential for successful relocation, and provided relevant comments about each tree. All of these data can be found in the attached spreadsheet. SUMMARY This site is a car dealership with many parking areas, driveways, and frequent vehicle activity. Some trees are larger, older trees and some are young, recently-installed trees. Most are located in small spaces in parking lot medians or islands. The older trees have incurred much damage from vehicles and over-pruning. Many have been struck by vehicles, wounding trunks and surface roots. Most of the larger trees have been pruned many times to top, raise, or thin their crowns, leaving numerous wounds, some of which are significant where large limbs or leaders were removed. Some have been pruned away from lights or buildings. Even the youngest trees have already been over-raised or thinned. Some trees have incurred storm damage including limb rip-outs or partial toppling (leaning). In general, most of the older trees on this site are not in good condition and I have recommended relocation of very few. Many of the younger trees are good candidates for relocation and should readily recover from over-pruning. Exhibit 2 2 DISCUSSION The City of Delray Beach’s Tree Protection Ordinance calls for relocating all trees proposed for removal with a condition rating of 50% or greater. The condition rating system in the Guide (which is the only industry standard percentage rating system I am aware of) rates root health and structure, trunk health and structure, scaffolding limbs health and structure, twig health, and foliage health on a scale of 1 to 4, which are averaged together to obtain a total percentage rating. When assessing a tree’s potential for successful relocation, I consider tree species (some species are inherently more tolerant of relocation than others), size (the larger the tree the more difficult to relocate), condition (if in poor condition a tree is not likely to survive relocation), and location (accessibility for root pruning and other operations), as all are integral to not only survival, but also the tree’s ability to thrive. Receiving sites are also important factors to be considered, especially for the larger trees and this should be taken into consideration when you finalize your Tree Disposition Plans. In my professional opinion, tree condition alone is not sufficient to determine whether or not a tree is a good candidate for relocation, as it does not take into account species, size, location, or receiving site. In my data you will see that I have recommended against relocating many trees with a condition rating greater than 50%. The comments about each tree should provide some of the reasons for those recommendations. CONCLUSION In conclusion, I have evaluated 169 hardwood trees at Delray Schumacher car dealership and recommend relocation of 59 of those trees, most of which are smaller, younger trees. These recommendations are based on tree species, size, condition, and location. Thank you for calling on me and please feel free to contact me if you have any questions or need any additional assistance. Sincerely, Lisa H. Hammer, RCA Horticultural Consultant Fe b r u a r y 2 7 , 2 0 1 7 De l r a y S c h u m a c h e r Tr e e S u r v e y / E v a l u a t i o n Lisa H. Hammer Horticultural Consultant Tr e e N o . Co m m o n N a m e Sc i e n t i f i c N a m e DB H ( i n ) Ht ( f t ) Sp r d ( f t ) Co n d ( % ) Re l o c a t e ( Y / N ) Co m m e n t s 1 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 7. 4 22 18 59 No in c l u d e d b a r k ; i n s m a l l s p a c e 2 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 7. 6 22 20 66 No mu l t i p l e l e a d e r s ; i n s m a l l s p a c e 3 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 10 . 4 24 22 66 No co d o m w / i n c l u d e d b a r k ; i n s m a l l s p a c e 4 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 7. 2 24 12 59 No tr u n k s e a m ; i n s m a l l s p a c e 5 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 10 . 2 22 20 66 No co d o m w / i n c l u d e d b a r k ; i n s m a l l s p a c e 6 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 12 . 3 24 20 69 No in s m a l l s p a c e 7 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 7. 8 20 15 37 No de a d l i m b 4 " d i a m ; t w i g d i e b a c k ; s m a l l s p a c e 8 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 6. 6 18 15 56 Ye s in i s l a n d 9 Ca r r o t w o o d Cu p a n i o p s i s a n a c a r d i o i d e s 3. 8 + 2 . 7 18 12 50 No se e d l i n g i n f e n c e l i n e ; i n v a s i v e s p e c i e s 10 Ca r r o t w o o d Cu p a n i o p s i s a n a c a r d i o i d e s 4. 9 + 2 . 4 18 12 50 No se e d l i n g i n f e n c e l i n e ; i n v a s i v e s p e c i e s 11 Ca r r o t w o o d Cu p a n i o p s i s a n a c a r d i o i d e s 3. 5 + 3 . 4 + 4 . 1 18 12 50 No se e d l i n g i n f e n c e l i n e ; i n v a s i v e s p e c i e s 12 Li v e O a k Qu e r c u s v i r g i n i a n a 5. 2 20 15 97 Ye s 17 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 4 15 10 81 Ye s ra i s e d ; w o u n d s o n t r u n k 18 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 2. 4 12 6 41 No se v e r e s t r e s s & d e c l i n e 19 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 3. 3 12 8 53 No tr u n k d a m a g e f r o m p r u n i n g ; s t u n t e d , c h l o r o t i c 20 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 6. 6 20 12 62 No pr u n i n g w o u n d s o n t r u n k ; s m a l l s p a c e 21 Li v e O a k Qu e r c u s v i r g i n i a n a 3 12 4 47 No ro o t s t r e s s ; s m a l l s p a c e 22 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 2. 3 6 4 34 No ro o t s t r e s s ; g e n e r a l d e c l i n e ; p r u n i n g w o u n d s 23 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 21 . 8 30 28 72 No la r g e t r e e ; c o d o m w / i n c l b a r k ; p r e v . t o p p e d 24 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 14 . 5 25 24 56 No pr e v . t o p p e d ; l a r g e w o u n d o n t r u n k ; s m a l l s p a c e 27 Bl a c k O l i v e Bu c i d a b u c e r a s 15 . 1 35 36 62 No V- c u t u n d e r w i r e s ; o l d p r u n i n g w o u n d s o n t r u n k 28 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 3 10 5 28 No ge n e r a l s t r e s s & d e c l i n e ; o l d p r u n i n g w o u n d s 29 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 15 . 1 28 28 69 No la r g e w o u n d o n t r u n k ( r i p - o u t ) ; m u l t i l e a d e r s ; p r e v t o p p e d 30 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 18 . 2 28 28 69 No mu l t i l e a d e r s ( 5 ) w / i n c l b a r k , w i d e s p r e a d ; r o o t s i n m e d i a n 31 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 11 . 7 28 18 50 No la r g e t r u n k w o u n d ( r i p - o u t i n t o c r o t c h ) 32 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 12 . 2 24 22 53 No co d o m w / i n c l u d e d b a r k ; l g l i m b s c u t , d e c a y e d i n t o t r u n k 33 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 12 . 8 28 24 53 No tr i - d o m w / i n c l u d e d b a r k ; 1 r i p - o u t a t c r o t c h ; p r e v t o p p e d 34 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 15 . 7 28 28 59 No mu l t i p l e l e a d e r s w / i n c l u d e d b a r k ; t r u n k l e a n i n g 35 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 13 . 7 28 18 62 No mu l t i p l e l e a d e r s w / i n c l u d e d b a r k ; l e a d e r s c u t ; o v e r - r a i s e d 36 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 12 . 4 25 22 69 No mu l t i l e a d e r s w / i n c l b a r k ; 1 l e a d e r c u t o f f ; o v e r - r a i s e d 37 Bl a c k O l i v e Bu c i d a b u c e r a s 7. 3 + 5 . 5 + 5 . 4 25 28 69 No tr i - d o m w / i n c l u d e d b a r k ; o v e r - r a i s e d 38 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 10 22 15 44 No la r g e t r u n k w o u n d ( r i p - o u t ) ; 4 l e a d e r s w i t h g a l l s 39 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 11 . 3 25 24 59 No tr u n k b e n d s w / r i p - o u t a t b e n d . R i p - o u t t o p o f l e a d e r 40 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 11 . 3 28 22 75 No tr u n k b e n d s ; c o d o m w / i n c l u d e d b a r k ; s m a l l s p a c e 41 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 9. 2 26 20 62 No mu l t i - l e a d e r s w / i n c l b a r k ; o v e r - r a i s e d ; s m a l l s p a c e 42 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 13 . 5 30 32 53 No tr u n k b e n d s w / p r u n i n g w o u n d s & r i p - o u t ; g i r d l i n g r o o t 43 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 14 30 28 72 No ol d p r u n i n g w o u n d s o n t r u n k ; s m a l l s p a c e 44 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 8. 6 24 18 66 No co d o m w / i n c l b a r k & o l d p r u n i n g w o u n d s ; s m a l l s p a c e 45 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 23 . 2 35 36 66 No co d o m w / s i g . i n c l b a r k b e t w e e n 2 l g l e a d e r s ; l a r g e w o u n d o n l e a d e r 46 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 17 28 28 72 No la r g e t r e e ; s m a l l s p a c e ; l a r g e o l d p r u n i n g w o u n d s o n t r u n k 52 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 15 28 28 59 No co d o m w / i n c l b a r k ; l a r g e p r u n i n g w o u n d o n t r u n k 53 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 8. 7 20 18 44 No ge n e r a l s t r e s s & d e c l i n e ; d i e b a c k ; c o d o m w / i n c l b a r k 54 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 4. 8 18 12 75 Ye s so m e r o o t d a m a g e a n d p r u n i n g w o u n d s o n t r u n k 55 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 13 . 8 28 22 66 No mu l t i l e a d e r s w / p r u n i n g w o u n d s ; h i g h c r o w n ; s m a l l s p a c e 56 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 11 . 6 28 20 62 No pr e v . t o p p e d ; h i g h c r o w n w / n o s i g r a d i a l b r a n c h i n g 57 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 13 . 5 30 22 50 No ba s a l t r u n k w o u n d ; l a r g e p r u n i n g w o u n d s a t c r o t c h a n d o n t r u n k 69 Bl a c k O l i v e Bu c i d a b u c e r a s 19 . 3 26 30 62 No la r g e t r u n k w o u n d i n t o r o o t f l a r e ; r o o t d a m a g e 70 Li v e O a k Qu e r c u s v i r g i n i a n a 2. 8 12 8 75 Ye s yo u n g t r e e 71 Bl a c k O l i v e Bu c i d a b u c e r a s 20 . 5 40 30 69 No co d o m w / s i g i n c l b a r k ; o v e r - r a i s e d ; m a n y o l d p r u n i n g w o u n d s 72 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 15 28 24 56 No sm a l l s p a c e ; t r i - d o m ; o v e r - p r u n e d ; l g r i p - o u t o n t r u n k - h a z a r d o u s 73 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 24 . 5 30 26 56 No sm a l l s p a c e ; c i r c l i n g r o o t s ; l g t r u n k w o u n d ; c o d o m ; o v e r - p r u n e d 74 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 17 . 7 26 20 47 No sm a l l s p a c e ; o l d p r u n i n g w o u n d s ; i n t e r i o r s p r o u t i n g ; d i e b a c k Fe b r u a r y 2 7 , 2 0 1 7 De l r a y S c h u m a c h e r Tr e e S u r v e y / E v a l u a t i o n Lisa H. Hammer Horticultural Consultant 75 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 13 . 8 26 26 66 No sm a l l s p a c e ; c o d o m i n u p p e r c r o w n ; p r u n i n g w o u n d s o n t r u n k 76 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 19 . 3 28 26 62 No sm a l l s p a c e ; l a r g e p r u n i n g w o u n d s ; t r i - d o m ; o v e r - p r u n e d 77 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 18 . 7 28 26 59 No sm a l l s p a c e ; p r u n i n g w o u n d s o n t r u n k ; c o d o m ; p r e v t o p p e d 79 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 17 . 2 28 30 53 No tr i - d o m ; w o u n d s o n l e a d e r s & l g w o u n d o n t r u n k ; p r e v t o p p e d ; h a z a r d o u s 80 Li v e O a k Qu e r c u s v i r g i n i a n a 6 12 12 31 No ge n e r a l s t r e s s , d e c l i n e ; d y i n g 81 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 15 . 2 26 28 59 No sm a l l s p a c e ; c i r c l i n g r o o t s ; c o d o m w / l a r g e p r u n i n g w o u n d a t c r o t c h 82 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 10 . 8 22 22 59 No gi r d l i n g r o o t , t r u n k i r r e g u l a r ; c o d o m w / i n c l b a r k ; o v e r - p r u n e d 83 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 3. 6 14 6 78 Ye s yo u n g t r e e 86 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 5. 5 12 10 69 Ye s tr i - d o m i n a n t ; o v e r - r a i s e d 87 Li v e O a k Qu e r c u s v i r g i n i a n a 11 . 3 22 28 87 Ye s co d o m i n u p p e r c r o w n ; o v e r - p r u n e d 88 Li v e O a k Qu e r c u s v i r g i n i a n a 12 . 1 22 20 72 Ye s co d o m i n u p p e r c r o w n ; o v e r - p r u n e d 89 Li v e O a k Qu e r c u s v i r g i n i a n a 20 . 5 28 40 72 No sm a l l s p a c e ; t r i - d o m ; o v e r - p r u n e d 90 Li v e O a k Qu e r c u s v i r g i n i a n a 11 . 8 18 18 75 Ye s co d o m ; o v e r - p r u n e d ; 1 t r u n k w o u n d 91 Li v e O a k Qu e r c u s v i r g i n i a n a 5. 9 14 10 72 Ye s 2 s m a l l t r u n k w o u n d s 93 Pi g e o n P l u m Co c c o l o b a d i v e r s i f o l i a 7 12 10 66 No co d o m i n a n t ; o v e r - p r u n e d ; g e n e r a l s t r e s s ; w e e v i l s 94 Pi g e o n P l u m Co c c o l o b a d i v e r s i f o l i a 6 14 10 47 No se v e r e t r u n k w o u n d ; t h i n , d i e b a c k , g e n e r a l s t r e s s 95 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 1 10 8 75 Ye s co d o m i n a n t 96 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 9. 1 20 18 75 Ye s 97 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 16 . 7 30 34 66 No sm a l l s p a c e ; l a r g e p r u n i n g w o u n d s o n t r u n k & l e a d e r 99 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 2. 9 + 3 . 4 18 8 62 No co d o m l o w w / i n c l u d e d b a r k 10 4 Li v e O a k Qu e r c u s v i r g i n i a n a 19 . 5 22 24 50 No sm a l l s p a c e ; c o d o m w / i n c l . b a r k ; r o o t d a m a g e ; s p a r s e ; w o u n d s 10 5 Li v e O a k Qu e r c u s v i r g i n i a n a 16 . 9 26 24 66 No sm a l l s p a c e ; o l d p r u n i n g w o u n d s o n t r u n k & l e a d e r s ; c o d o m ; o v e r - p r u n e d 10 6 Si l v e r T r u m p e t Ta b e b u i a c a r a i b a 6. 8 12 8 50 No ge n e r a l s t r e s s , d e c l i n e , d i e b a c k ; T - s h a p e d t r u n k 10 7 Si l v e r T r u m p e t Ta b e b u i a c a r a i b a 10 . 6 + 1 0 . 9 20 24 50 No co d o m l o w ; p r e v t o p p e d ; o v e r - p r u n e d ; g a l l s 10 8 Si l v e r T r u m p e t Ta b e b u i a c a r a i b a 12 . 6 20 18 53 No ge n e r a l s t r e s s ; p r u n i n g w o u n d s ; c o d o m i n a n t 11 1 Li v e O a k Qu e r c u s v i r g i n i a n a 9 18 16 44 No tr u n k w o u n d ; l a r g e p r u n i n g w o u n d s ; f e w l i m b s , s p a r s e 11 2 Pi g e o n P l u m Co c c o l o b a d i v e r s i f o l i a 9. 8 16 14 50 No co d o m ; g a l l s , w e e p i n g o n t r u n k ; b a r k s l o u g h i n g 11 3 Pi g e o n P l u m Co c c o l o b a d i v e r s i f o l i a 9. 4 18 12 53 No co d o m ; 1 l e a d e r w i t h l a r g e w o u n d ; p r e v t o p p e d ; o v e r - p r u n e d 11 4 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 18 . 2 28 30 69 No la r g e ; o v e r - p r u n e d ; p r e v t o p p e d ; u n d e r w i r e s 11 5 Si l v e r T r u m p e t Ta b e b u i a c a r a i b a 12 . 5 22 12 59 No le a n i n g ; n o l o w e r l i m b s ; u n d e r w i r e s 11 6 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 25 . 8 35 40 75 No to o l a r g e t o r e l o c a t e ; m u l t i l e a d e r s ; p r e v t o p p e d ; u n d e r w i r e s 11 7 Bl a c k O l i v e Bu c i d a b u c e r a s 21 . 5 28 24 66 No la r g e o l d p r u n i n g c u t s o n t r u n k ; u n d e r w i r e s 11 8 Si l v e r T r u m p e t Ta b e b u i a c a r a i b a 16 . 5 22 24 50 No le a n i n g ; t r u n k c r a c k e d o n u n d e r s i d e o f l e a n 11 9 Si l v e r T r u m p e t Ta b e b u i a c a r a i b a 14 . 7 22 24 53 No tr u n k c r a c k e d , v e h i c l e d a m a g e 12 2 Pi g e o n P l u m Co c c o l o b a d i v e r s i f o l i a 6. 5 16 14 59 No co d o m ; p r e v t o p p e d , n o w l i o n - t a i l e d ; l i n e - t r i m m e r d a m a g e 12 6 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 3 10 6 69 No po o r s t r u c t u r e ; t h i n ; o v e r - p r u n e d 12 7 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 3. 9 12 8 72 Ye s 12 8 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 7. 6 + 8 . 8 22 18 62 No co d o m l o w ; b o t h l e a d e r s d a m a g e d ; o v e r - p r u n e d 12 9 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 11 . 3 20 16 75 Ye s co d o m ; o v e r - p r u n e d 13 0 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 6 12 10 91 Ye s co d o m ; o v e r - p r u n e d 13 3 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 3. 9 12 8 84 Ye s ov e r - p r u n e d 13 4 Pi g e o n P l u m Co c c o l o b a d i v e r s i f o l i a 7. 3 14 10 78 Ye s tr i - d o m ; 1 s m a l l h o l e i n t r u n k ; l i t t l e t w i g d i e b a c k 13 9 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 3. 7 12 6 78 Ye s 14 8 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 5. 1 12 12 91 Ye s co d o m i n a n t 15 0 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 4 12 10 97 Ye s 15 3 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 3. 7 14 10 81 Ye s po o r b r a n c h i n g s t r u c t u r e 15 7 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 18 . 4 35 30 59 No ve r y l a r g e r i p - o u t , l e a d e r c u t , t o r n d o w n t r u n k ; p r u n e d b y w i r e s 15 8 Li v e O a k Qu e r c u s v i r g i n i a n a 3. 7 16 10 72 Ye s ve r y t o p o f l e a d e r c u t o f f 15 9 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 13 . 3 30 24 69 No mu l t i - l e a d e r s w / 1 c u t / w o u n d a t c r o t c h ; m a n y o l d c u t s , s u c k e r s 17 7 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 3 16 14 75 Ye s a l i t t l e o v e r - p r u n e d 17 8 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 8 16 12 75 Ye s a l i t t l e o v e r - p r u n e d 17 9 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 5. 3 16 12 75 Ye s tr u n k s l i g h t l y b e n t 18 0 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 3. 5 16 6 75 Ye s yo u n g t r e e ; c o d o m i n a n t Fe b r u a r y 2 7 , 2 0 1 7 De l r a y S c h u m a c h e r Tr e e S u r v e y / E v a l u a t i o n Lisa H. Hammer Horticultural Consultant 18 1 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 3. 2 10 8 75 Ye s yo u n g t r e e 18 2 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 2. 2 10 6 56 No le a n i n g , d i e b a c k ; p o s s i b l e v e h i c l e d a m a g e 18 3 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 2. 7 10 6 50 No to p d e a d 18 4 Pi g e o n P l u m Co c c o l o b a d i v e r s i f o l i a 7. 5 20 14 56 No la r g e t r u n k w o u n d ; t w i g d i e b a c k ; c r a c k e d l e a d e r 18 5 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 9 14 12 72 Ye s od d s t r u c t u r e 18 6 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 2. 6 12 6 53 No di e b a c k a t t o p 18 7 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 2. 9 10 10 59 No di e b a c k a t t o p ; s t u n t e d f o l i a g e 18 8 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 2. 4 10 6 53 No di e b a c k , g e n e r a l s t r e s s 18 9 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 1 10 14 69 Ye s od d s t r u c t u r e 19 0 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 5. 3 12 12 75 Ye s 19 1 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 5 10 10 62 No le a n i n g , s t a k e d ; p r o b r o o t d a m a g e ; p o o r t r u n k s t r u c t u r e 19 2 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 4 14 14 78 Ye s le a n i n g w i t h o l d s t a k e ; o v e r g r o w n b y b o u g a i n v i l l e a 19 3 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 3. 8 14 10 66 No st r e s s e d f r o m v i n e o v e r g r o w t h 19 4 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 22 . 4 30 30 72 No le a n i n g ; 1 l g l e a d e r r e m o v e d ; p r e v . t o p p e d , d e c a y , t r u n k w o u n d 19 5 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 3. 9 15 12 69 Ye s ov e r - p r u n e d 19 6 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 3. 1 20 6 78 Ye s 20 2 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 2. 4 10 6 50 No ge n e r a l s t r e s s ; o v e r - p r u n e d 20 3 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 3. 9 10 8 53 Ye s ov e r - p r u n e d 20 4 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 3. 6 10 10 56 No to p p e d & o v e r - p r u n e d ; l e a n i n g 20 5 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 5 12 14 66 Ye s ov e r - p r u n e d 20 6 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 4 12 12 72 Ye s ov e r - p r u n e d 20 7 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 5 10 15 72 Ye s ov e r - p r u n e d 20 8 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 5. 1 12 12 66 Ye s gu y s t r a p e m b e d d e d i n t r u n k ; o v e r - p r u n e d 21 2 Li v e O a k Qu e r c u s v i r g i n i a n a 7. 6 20 15 69 Ye s sm a l l s p a c e 21 3 Pi n k T r u m p e t Ta b e b u i a h e t e r o p h y l l a 4 12 10 56 No sm a l l , s t u n t e d ; s m a l l s p a c e 21 4 Li v e O a k Qu e r c u s v i r g i n i a n a 7. 2 20 20 69 Ye s so m e t r u n k i r r e g u l a r i t i e s 21 5 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 11 . 4 25 20 59 No un d e r w i r e s ; s p a r s e ; p r u n i n g w o u n d s 21 6 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 7. 8 9 20 20 40 No V- c u t u n d e r w i r e s ; i n d e c l i n e ; c o d o m i n a n t 21 7 Bl a c k O l i v e Bu c i d a b u c e r a s 9 14 12 62 No wi n d - t h r o w n b u t s e l f - c o r r e c t e d ; c o d o m ; o v e r - p r u n e d 22 0 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 12 . 8 25 24 50 No ro o t s t r e s s ; o v e r - p r u n e d ; s m a l l s p a c e 22 1 Li v e O a k Qu e r c u s v i r g i n i a n a 9. 6 22 26 84 Ye s yo u n g t r e e ; s o m e s m a l l p r u n i n g w o u n d s 22 2 Qu e e n s l a n d U m b r e l l a Sc h e f f l e r a a c t i n o p h y l l a 4. 7 + 7 . 6 + 5 . 5 25 18 59 No in v a s i v e s p e c i e s 22 9 Li v e O a k Qu e r c u s v i r g i n i a n a 8. 4 18 22 69 Ye s 23 0 Pi g e o n P l u m Co c c o l o b a d i v e r s i f o l i a 2. 9 + 3 . 3 + 4 . 0 16 12 50 No tr i - d o m i n a n t j u s t a b o v e g r a d e ; l e a n i n g 23 1 Li v e O a k Qu e r c u s v i r g i n i a n a 9. 3 20 16 75 Ye s 23 2 Li v e O a k Qu e r c u s v i r g i n i a n a 9. 6 22 18 81 Ye s 23 3 Li v e O a k Qu e r c u s v i r g i n i a n a 6. 5 16 12 75 Ye s 23 4 Li v e O a k Qu e r c u s v i r g i n i a n a 10 16 20 66 Ye s mu l t i - l e a d e r s w / i n c l b a r k ; t r u n k i r r e g u l a r i t i e s , f i s s u r e s 23 5 Li v e O a k Qu e r c u s v i r g i n i a n a 10 . 2 22 18 84 Ye s 23 6 Li v e O a k Qu e r c u s v i r g i n i a n a 8. 8 22 18 94 Ye s 23 7 Li v e O a k Qu e r c u s v i r g i n i a n a 7 20 14 69 Ye s tr u n k i r r e g u l a r i t i e s 23 8 Gu m b o L i m b o Bu r s e r a s i m a r u b a 5. 5 12 10 69 No 1 l o w l i m b , c o d o m a b o v e ; p o o r s t r u c t u r e 24 5 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 18 . 9 30 28 69 No co d o m i n a n t w / i n c l . b a r k ; c u t b a c k f r o m l i g h t s 24 6 Si l v e r T r u m p e t Ta b e b u i a c a r a i b a 9. 1 16 10 75 Ye s co d o m i n a n t 24 9 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 10 . 3 25 16 62 No co d o m i n a n t w / i n c l . b a r k ; g a l l s 25 0 Si l v e r T r u m p e t Ta b e b u i a c a r a i b a 12 . 1 22 16 75 Ye s ov e r - p r u n e d 25 1 Gu m b o L i m b o Bu r s e r a s i m a r u b a 3. 3 + 3 . 8 + 3 . 8 + 4 . 7 12 22 47 No su c k e r s o f f a n o l d s t u m p 25 2 Si l v e r T r u m p e t Ta b e b u i a c a r a i b a 10 . 1 14 12 66 No co d o m i n a n t ; 1 l e a d e r t o p p e d u n d e r l i g h t s 25 3 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 3. 3 12 8 66 No al l s m a l l l a t e r a l s r e m o v e d f r o m t r u n k 25 4 Si l v e r T r u m p e t Ta b e b u i a c a r a i b a 15 . 7 22 15 56 No le a n i n g , g i r d l i n g r o o t s , l a r g e t r u n k w o u n d 25 6 We s t I n d i e s M a h o g a n y Sw i e t e n i a m a h a g o n i 14 . 4 25 24 66 No in s m a l l s p a c e ; c o d o m i n a n t ; c u t b a c k f r o m l i g h t s 25 7 Pi g e o n P l u m Co c c o l o b a d i v e r s i f o l i a 7. 1 20 12 50 No ba s a l t r u n k / r o o t f l a r e s w o l l e n ; v e r t i c a l c r a c k s i n t r u n k ; w e e v i l s 25 9 Bl a c k O l i v e Bu c i d a b u c e r a s 13 . 3 25 24 50 No co d o m ; m a n y o l d p r u n i n g w o u n d s ; p r e v . t o p p e d Fe b r u a r y 2 7 , 2 0 1 7 De l r a y S c h u m a c h e r Tr e e S u r v e y / E v a l u a t i o n Lisa H. Hammer Horticultural Consultant 26 0 Bl a c k O l i v e Bu c i d a b u c e r a s 16 30 24 53 No co d o m ; r e b a r i n t r u n k ; m a n y o l d p r u n i n g w o u n d s ; p r e v . t o p p e d 26 4 Si l v e r T r u m p e t Ta b e b u i a c a r a i b a 14 . 2 28 24 81 Ye s co d o m i n a n t ; l e a n i n g b u t s e l f - c o r r e c t e d 26 5 Pi g e o n P l u m Co c c o l o b a d i v e r s i f o l i a 6 12 10 56 No ve h i c l e d a m a g e , l e a n i n g ; l i n e - t r i m m e r d a m a g e 26 6 Li v e O a k Qu e r c u s v i r g i n i a n a 4. 7 10 8 66 No to p p e d , r o u n d e d ; s o m e t r u n k d a m a g e 28 8 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 3. 8 12 8 84 Ye s 28 9 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 3 12 10 84 Ye s 29 0 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 1 12 8 72 Ye s 29 1 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 3. 8 12 10 81 Ye s 29 2 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 5 12 12 81 Ye s 29 3 Si l v e r B u t t o n w o o d Co n o c a r p u s e r e c t u s - s e r i c e u s 4. 5 14 12 94 Ye s Planning , Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: ROK BRGR Project Location: 4 East Atlantic Avenue Request: Certificate of Appropriateness Board: Historic Preservation Board Meeting Date: April 5, 2017 Board Action: Approved Certificate of Appropriateness, on a 5 to 0 vote (2 members absent). Project Description: The property is located on the south side of Atlantic Avenue between Swinton Avenue and NE 1st Avenue in the Old School Square Historic Arts District (OSSHAD). The property is subject to the requirements of the OSSHAD and the Central Business District (CBD) Overlay as outlined in Land Development Regulation Sections 4.4.24 and 4.4.13. The property contains an existing, contributing 2-story, masonry vernacular style building which was originally constructed in 1910 by the early Delray pioneer family known as the Rhodens. The building served as a general store and grocery store while the family lived in the apartment above. It is the oldest remaining, contributing building on Atlantic Avenue. Over the years there have been numerous modifications to the building including rehabilitation of the structure to comply with the Secretary of the Interior’s Standards for Rehabilitation and the Delray Beach Design Guidelines. The subject request includes a color change of the structure from the existing yellow with white trim to dark grey with white trim. Staff supported the Certificate of Appropriateness. Board Comments: The Board comments were supportive. Public Comments: No members of the public spoke for or against the project. Associated Actions: All required actions were taken. Next Action: HPB action is final. RO K B R G R – 4 E . A t l a n t i c A v e n u e Ol d S c h o o l S q u a r e H i s t o r i c A r t s D i s t r i c t RO K B R G R – 4 E . A t l a n t i c A v e n u e Ol d S c h o o l S q u a r e H i s t o r i c A r t s D i s t r i c t Re q u e s t i s f o r a c o l o r c h a n g e fr o m t h e p r e v i o u s l y p a i n t e d y e l l o w b u i l d i n g wi t h w h i t e t r i m t o a g r e y b u i l d i n g w i t h w h i t e t r i m Cr o w n a n d t r i m p r o p o s e d to b e p a i n t e d w h i t e RO K B R G R – 4 E . A t l a n t i c A v e n u e Ol d S c h o o l S q u a r e H i s t o r i c A r t s D i s t r i c t Planning , Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: ROK BRGR Project Location: 4 E. Atlantic Avenue Request: Approval of an Amendment to the Blanket Sign Program Board: Historic Preservation Board Meeting Date: April 5, 2017 Board Action: Approved (5-0, Bill Bathurst and John Klein, absent) to Amend the Blanket Sign Program for Rok BRGR to allow grey painted letters with red internally illuminated reverse channel letter that reads “ROK BRGR” and a recommendation to City Commission to approve a sign waiver to allow signage on the east elevation which does not face a dedicated street elevation. Project Description: The subject property consists of Lot 6, Block 69, Town of Delray. The site is zoned Old School Square Historic Arts District (OSSHAD) and contains a masonry vernacular style building which is considered a contributing building within the Old School Square Historic District. The site was constructed in 1910 by the Rhoden family In 1988, a blanket sign program was approved for four flat wall signs in rust brown, background ivory border 7’ 11” in length and 2’ height as this is a multi-tenant building which consists of Rok BRGR, Bull Bar, Jimmy’s Bistro, and retail. Any deviation from the established Blanket Sign Program must result from action by the Historic Preservation Board. The current request is grey painted letters with red internally illuminated reverse channel letter that reads “ROK BRGR” on the north elevation. The sign is 2’58” high by 7’66” wide for a total of 19’76” sq. ft. The east elevation consists of internally illuminated channel letters that reads “ROK BRGR” with the rest of the words “Craft Beer” “Burgers” “GastroPub” painted white. The sign is 11” high by 32’6” long for a total of 29’6” sq. ft. This sign requires a sign waiver as it does not face a dedicated street frontage (4.6.7(E)(7)); Design Standard Matrix. Staff Recommendation: Approve the amendment to the Blanket Sign Program and approve the recommendation to the City Commission to allow the sign waiver for the east elevation Board Comments: none Public Comments: none Appealable Item Report 2 Associated Actions: none Next Action: The SPRAB action is final unless appealed by the City Commission. HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 5, 2017 ITEM: Rok Brgr (2017-073 and 074) Item before the Board is approval of a Certificate of Appropriateness (COA) for an amendment to an existing Blanket Sign Program on a building located at 4 E. Atlantic Avenue (Rok Brgr) and a recommendation to the City Commission regarding a waiver request to LDR section 4.6.7(E)(7) Design Standard Matrix a wall sign not facing a dedicated street frontage. RECOMMENDATION: Approval GENERAL DATA: Applicant........................ Art Signs Owner/Agent…………… Marc Falsetto Location......................... SE corner of Swinton Avenue and Atlantic Avenue Property Size................. 0.1483 Acres Future Land Use Map.... OMU (Other Mixed Use) **Insert Location Map Current Zoning………… (OSSHAD) Old School Square Arts District Adjacent Zoning....North: (OSSHAD) East: (OSSHAD) South: (OSSHAD) West: CBD (Central Business District) ITEM BEFORE THE BOARD The action before the Board is approval of a Certificate of Appropriateness (COA) for an amendment to an existing Blanket Sign Program on a building located at 4 E. Atlantic Avenue (Rok Brgr) Individually Designated, pursuant to Land Development Regulations (LDR) Section 2.4.6(H) and a recommendation to the City Commission regarding a waiver request to LDR section 4.6.7(E)(7) Design Standard Matrix a wall sign not facing a dedicated street frontage. BACKGROUND & PROJECT DESCRIPTION The subject property consists of Lot 6, Block 69, Town of Delray. The site is zoned Old School Square Historic Arts District (OSSHAD) and contains a masonry vernacular style building which is considered a contributing building within the Old School Square Historic District. Constructed in 1910 by the Rhoden family, early Delray pioneers, the building served as a general store and grocery store while the family lived in the apartment above. It is the oldest remaining, contributing building on Atlantic Avenue. Over the years there have been numerous modifications to the building including rehabilitation of the structure to comply with the Delray Beach Design Guidelines and the Secretary of the Interior’s Standards for Rehabilitation. The current proposal relates to the portion of the building formerly occupied by Tryst. In 1988, a blanket sign program was approved for four flat wall signs in rust brown, background ivory border 7’ 11” in length and 2’ heigh as this is a multi-tenant building which consists of Rok BRG, Bull Bar, Jimmy’s Bistro, and retail. Any deviation from the established Blanket Sign Program must result from action by the Historic Preservation Board. In 2000, Historic Preservation Board approved a Certificate of Appropriateness (COA) for a sign for the tenant Safari Steakhouse and again in 2004, for a sign for the tenant Sol Kitchen. Attached is the current request to amend the Blanket Sign Program and the justification for the sign waiver. The request on the north elevation is grey painted letters with red internally illuminated reverse channel letter that reads “ROK BRGR” The sign is 2’58” high by 7’66” wide for a total of 19’76” sq. ft. The west elevation consists of internally illuminated channel letters that reads “ROK BRGR” with the rest of the words “Craft Beer” “Burgers” “GastroPub” painted white. The sign is 11” high by 32’6” long for a total of 29’6” sq. ft. ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation. Future Land Use Element Objective A-4: The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City’s Historic Preservation Ordinance and the following policies: Policy A-4.1: Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions 4 E. Atlantic Avenue (2017 – 73, 74) HPB Meeting; Page 2 of 4 of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the “Delray Beach Historic Preservation Design Guidelines.” In addition to the above, the request also requires compliance with the regulations pertaining to signage. These regulations have been included within the discussion and analysis below regarding visual compatibility. LDR Section 4.6.7(D) Aesthetic Qualifications: (1) Applicability: The following subsection describes basic aesthetic qualifications which apply to signs. (2) Basis: The aesthetic quality of a building, or the entire neighborhood, is materially affected by achieving visual harmony of the sign on or about a structure as it relates to the architecture of the building or the adjacent surroundings. In addition, to the limitations on signs imposed on Subsections (E) and (K), the following aesthetic considerations must be met. a. Garishness: The overall effect of lettering, configuration or color of a sign shall not be garish. “Garish” signs are those that are too bright or gaudy, showy, glaring, and or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and are not compatible with the building or adjacent surroundings. b. Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale be considered in terms of Subsection (E)(2) with respect to height and area. c. Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. STAFF COMMENT: Although the proposed signage does not meet the criteria of the current Blanket Sign Program, the proposed signage is not garish nor is it gaudy. It is in in harmony with the scale of the building and its surrounding area and is aesthetically pleasing to the neighborhood. The current blanket sign program is outdated and the owner of the building should consider an update to the entire program to meet the needs of the tenants in the future. Therefore, positive findings, can be made with respect to the subject LDR Section 4.6.7(D). Pursuant to LDR Section 4.6.7(F)(2)(a), Blanket Sign Program, a Blanket Sign Program may be required for a commercial property establishing the font, color, size and location of signs on a multiple tenant building. A Blanket Sign Program shall be approved by the Historic Preservation Board if the project is in the historic district or a historically designated site. After approval of a Blanket Sign Program individual signs consistent therewith shall be administratively approved. STAFF COMMENT: The proposed sign does not meet the current Blanket Sign Program as it requires unified signage, with specific finishes, fonts, sizes, and colors. As stated above, the Blanket Sign Program is outdated, and it might be in the best interest of the owner of the building to update the Program to accommodate any future tenants as this building is a multi-tenant building with several restaurants, commercial use and office space upstairs. Pursuant to LDR Section 4.6.7 (E)(7), Design Standard Matrix, the following matrix sets forth the standards for various types of signs when located in various zoning districts or defined by use. Per LDR Section 4.4.24(F), the following locations shall be subject to the development standards of the Commercial Core (CC) within CBD zoning District, excluding exceptions to the height limitations provided in Section 4.3.4(J)(4):(a) Lots 1-7, Lots 16-18 and 19-24 Block 69. In the 4 E. Atlantic Avenue (2017 – 73, 74) HPB Meeting; Page 3 of 4 Central Business District (CBD) one wall sign per business facing a dedicated street frontage is allowed. The applicant has applied for signage interior to the restaurant space, therefore requiring a waiver to LDR section 4.6.7(E)(7). Pursuant to LDR Section 2.4.7(B)(5), Waivers: Findings, the granting body shall make findings that, (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided a justification for the waiver in the attached letter. The granting of this waiver will not adversely affect the neighboring area, diminish the provision of public facilities and is not creating an unsafe situation. The signage is complimentary to the building and coordinates with the signage on the north elevation. Several waivers have been granted for wall signs not facing dedicated street frontage such as Chase Bank, Burger King and Delray Boxing. LDR Sections 4.5.1(E)(5) and 4.5.1(E)(8) provide guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable guidelines are as follows: Pursuant to LDR Section 4.5.1(E)(4), a historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. STAFF COMMENT: No direct reference is made to signage affecting historic structures, sites, or districts; however, there is specific intent to project the importance of preserving “character-defining” and distinctive features, and discussing scale and compatibility within historic districts such as the following Standard: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) The intent of this Standard has been met as the integrity of the historic building will not be compromised. Therefore, positive findings can be made, subject to the recommended revisions. ALTERNATIVE ACTIONS Amend Blanket Sign Program A. Continue with direction. 4 E. Atlantic Avenue (2017 – 73, 74) HPB Meeting; Page 4 of 4 B. Move approval of the Certificate of Appropriateness (2017-73,74) to amend the Blanket Sign Program and the recommendation to the City Commission regarding a waiver request to LDR Section 4.6.7(E)(7), Design Standard Matrix, to allow a wall sign to face the west elevation (interior to the site) for 4 E. Atlantic Avenue (ROK BRGR), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.6(H)(5) and the Secretary of the Interior’s Standards for Rehabilitation. C. Move denial of the Certificate of Appropriateness (2017-73,74) to amend the Blanket Sign Program and to the City Commission regarding waiver request to LDR Section 4.6.7(E)(7), Design Standard Matrix, to allow a wall signs to face the west elevation (interior to the site) for 4 E. Atlantic Avenue (ROK BRGR), by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in LDR Section 2.4.6(H)(5), and the Secretary of the Interior’s Standards for Rehabilitation (motion to be made in the affirmative). RECOMMENDATION Move approval of the Certificate of Appropriateness (2017-73,74) to amend the Blanket Sign Program for 4 E. Atlantic Avenue (ROK BRGR), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations and the Secretary of the Interior’s Standards for Rehabilitation. Move approval of the recommendation to the City Commission regarding waiver request to LDR Section 4.6.7(E)(7), Design Standard Matrix, to allow a wall sign to face the west elevation (interior to the site) located at 4 E. Atlantic Avenue (ROK BRGR) based upon positive findings, pursuant LDR Section 2.4.7(B)(5). Report Prepared by: Jennifer Buce, Assistant Planner Attached: Sign Design Justification Letter NE 1st St S E 1 s t A v e SE 1st St N E 1 s t A v e S E 2 n d A v e S W 1 s t A v e N W 1 s t A v e N E 2 n d A v e S W 2 n d A v e S S w i n t o n A v e R a i l r o a d A v e N S w i n t o n A v e E Atlantic Ave SW 1st St W Atlantic Ave N E 3 r d A v e N W 2 n d A v e NW 1s t St N Co da Cir W C o d a C i r P u g l i e s e s W a y E C o d a C i r S Cod a Cir S E 3 r d A v e PLANNING & ZONINGDEPARTMENT 4 East Atlantic Avenue LOCATION MAP Subject Prop ertyN Docu ment Path: S:\Planning & Zoning\DBMS\G IS\Proje ct Maps\Location Maps\4 E. Atlantic Ave nue.mxd City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-373,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Neal de Jesus, Interim City Manager DATE:May 16, 2017 AWARD OF AN AGREEMENT WITH SIEMENS INDUSTRY, INC. IN THE AMOUNT NOT TO EXCEED OF $75,000 UTILIZING THE CITY OF CORAL SPRINGS, FLORIDA CONTRACT Recommended Action: Motion to Approve an Agreement with Siemens Industry,Inc.utilizing the City of Coral Springs, Florida,Contract RFP 12C-068,in an amount not-to-exceed $75,000 for HVAC Preventative Maintenance and Repair Services. Background: On June 2,2012,the City of Coral Springs,Florida awarded a contract to Siemens Industry,Inc.for HVAC Preventative Maintenance and Unit Replacement Services at Various Municipal Facilities.The contract was valid from June 5,2012 through June 4,2014 with two two-year renewal options.On May 21,2014,the parties amended the Agreement to extend the term of the Agreement through June 30,2016.On June 15,2016,the City of Coral Springs,Florida exercised the last renewal option extending the contract period through June 30, 2018. The HVAC system at the Police Department includes specialized equipment that requires technical skills that other companies do not provide.The Public Works Building Maintenance Division is requesting the City enter into an agreement with Siemens Industry,Inc.to provide these types of services in a not-to-exceed amount of $75,000 per year based on the pricing set forth in City of Coral Springs, Florida, Contract RFP 12C-068. This recommendation complies with the City Code of Ordinances, Chapter 36, Section 36.02(C)(7) “ Utilization of Other Governmental Entities’ Contracts.” City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available after budget transfer from account number 001-3431-519.34-90 (General Fund: Other Contractual Services). Building maintenance estimates that a balance of $45,000 will be needed in this account for this HVAC services through the remainder of the fiscal year. City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™ MASTER CONTRACTOR/SERVICES AGREEMENT THIS AGREEMENT is made by and between the City of Delray Beach, a Florida municipal corporation (hereinafter referred to as “City”), whose address is 100 NW 1st Avenue, Delray Beach, FL 33444 and Siemens Industry, Inc., a Delaware Corporation, authorized to do business in the State of Florida, (hereinafter referred to as “Contractor”), whose address is 3333 Old Milton Parkway, Alpharetta, Georgia 30005, this ____ of _________________, 2017. WHEREAS, the City desires to purchase products and services required to perform HVAC Preventative Maintenance and Repair Services citywide. WHEREAS, the City desires to procure these products and services from Contractor utilizing existing contract prices provided to the City of Coral Springs, Florida pursuant to its solicitation number RFP 12C-068, “HVAC Preventative Maintenance and Unit Replacement Services at Various Municipal Facilities” conducted in June 5, 2012. WHEREAS,in accordance with solicitation number RFP 12C-068, the City of Coral Springs, Florida entered into a two-year agreement with Contractor for products and services effective June 5, 2012 through June 4, 2014, which contained an option(s) to renew for two two-year extensions. The agreement was renewed through June 30, 2018. WHEREAS, the City desires to purchase products and services from Contractor on the same terms, conditions, and pricing provided under solicitation number RFP 12C-068, subject to the terms and conditions of this Agreement, the City’s Purchasing ordinance, and Florida law. WHEREAS,the Contractor agrees to extend the terms, conditions, and pricing of solicitation number RFP 12C-068 to the City, subject to the terms and conditions of this Agreement. NOW, THEREFORE,in consideration of the mutual promises contained herein and other good and valuable consideration of which the parties hereto acknowledge, the parties agree as follows: 1 The above recitals are true and correct and are incorporated herein by reference. 2 The Contractor shall provide to the City perform HVAC Preventative Maintenance and Repair Services citywide in accordance with and pursuant to the same terms, conditions, and pricing of solicitation number RFP 12C-068 procured by the City of Coral Springs, Florida. 3 This Agreement shall terminate on June 30, 2018. 2 City of Delray Beach HVAC Preventative Maintenance and Repairs Services 4 The Contactor certifies that the price and rate represents the lowest price and rate for the products and services of any contract between the Contractor and any other governmental entity within the State of Florida. 5 Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor under this Agreement may be retained by City until all of City’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 6 Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: City Manager For Contractor: Siemens Industry, Inc. 3021 North Commerce Pkwy Miramar, Florida 33025 Attn: Mr. Michael Sammaritano 3 City of Delray Beach HVAC Preventative Maintenance and Repairs Services 7 Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. 8 This Agreement shall be construed in accordance with the City of Delray Beach's Code of Ordinances and the laws of the State of Florida. Any dispute relating to this Agreement shall only be filed in a court of competent jurisdiction in Palm Beach County, Florida, and each of the parties to this Agreement submits itself to the jurisdiction of such court. 9 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. a. Contractor shall comply with public records laws, specifically to: i.Keep and maintain public records required by the City to perform the service. ii.Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. iii.Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the City. iv.Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. 4 City of Delray Beach HVAC Preventative Maintenance and Repairs Services v.If the Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 10 Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractors and lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 11 The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 12 The documents listed below are a part of this Agreement and are hereby incorporated by reference. In the event of inconsistency between the documents, unless otherwise provided herein, the terms of the following documents will govern in the following order of precedence: a.Terms and conditions as contained in this Agreement. b.Terms and Conditions of the City of Coral Springs, solicitation number RFP 12C-068. c.Contractor’s response to solicitation number RFP 12C-068 and any subsequent information submitted by Contractor during the evaluation and negotiation process [Remainder of page intentionally left blank] 5 City of Delray Beach HVAC Preventative Maintenance and Repairs Services IN WITNESS WHEREOF,the City and the Contractor executed this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH ____________________________By: Kimberly Wynn, Acting City Clerk Cary D. Glickstein, Mayor Approved as to form and legal sufficiency: _____________________________ R. Max Lohman, City Attorney CONTRACTOR By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ____________, 2017, by _____________________, as ________________ (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 __________________________________ Notary Public – State of Florida City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-434,Version:1 TO: Mayor and Commissioners FROM: Laura Thezine, Acting Finance Director THROUGH: Neal de Jesus, Interim City Manager DATE: May 16, 2017 AWARD OF AN AGREEMENT TO PFM FINANCIAL ADVISORS LLC FOR FINANCIAL ADVISORY SERVICES IN A NOT-TO-EXCEED AMOUNT OF $75,000.00 Recommended Action: Motion to Award a three year Agreement to PFM Financial Advisors LLC for financial advisory services in the not to exceed amount of $75,000.00 for services not related to a bond issue for the Agreement term. Background: On January 16, 2017, a Request for Proposals No. 2017-025 for Financial Advisory Services was advertised. Three proposals were received from First Southwest, PFM Financial Advisors LLC and RFC Capital Markets. Proposals were evaluated based upon the criteria in the RFP. Upon completion of the technical evaluations, the committee agreed that no further information or clarifications were necessary and interviews were not required. The final ranking of firms is as follows: Firm Score PFM 76.9 First Southwest 72.3 RBC 68.1 The City of Delray Beach has a very aggressive capital improvement plan over the next few years which will require financing. The financial advisor will assist the City in reviewing its capital structure and outstanding indebtedness and provide recommendations regarding the types, terms, timing and other elements of such financing issues. Other services include assisting the City with consultations and presentations to rating agencies to secure the most favorable and economical credit rating. The Agreement staff is presenting to Commission is for a not-to-exceed amount of $75,000.00 for services not related to a bond issuance for the three year term of the Agreement. Bond transaction fees will be included in any bond transaction which will be brought before Commission for approval. Bond transaction fees will be a percentage of the bond issue amount and will vary depending upon the value of the bond issue. This recommendation complies with the City Code of Ordinances Section 36.02 (A)(2), "Sealed Competitive Method, Request for Proposals, Requests for Qualifications, Requests for Letters of Interest". City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-434,Version:1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 001-1511-513-3190 (General Fund: Other Professional Services). Timing of Request: This item needs to be expedited to facilitate upcoming financial advisory needs. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 RFP No. 2017-025 FINANCIAL ADVISORY SERVICES (946-48) MAYOR - CARY D. GLICKSTEIN VICE MAYOR - JORDANA JARJURA DEPUTY VICE MAYOR - MITCH KATZ COMMISSIONER - SHELLY PETROLIA CITY MANAGER - DONALD B. COOPER Purchasing Department (561) 243-7161  purchasing@mydelraybeach.com City of Delray Beach RFP No. 2017-025 Page 2 Financial Advisory Services CITY OF DELRAY BEACH, FLORIDA PURCHASING DEPARTMENT REQUEST FOR PROPOSALS RFP No. 2017-025 Financial Advisory Services Summary ISSUE DATE: January 16, 2017 DEPARTMENT: Finance DUE DATE: February 21, 2017 TIME: 2:00 P.M., ET The City of Delray Beach, Florida is soliciting proposals for the provision of a Financial Advisory Services, as identified in the Scope of Services herein. Any Proposer wishing to submit a proposal must comply with the requirements contained in this Request for Proposals (RFP). NOTIFICATION: The City utilizes the following methods for notification and distribution of solicitation opportunities:  Bidsync – www.bidsync.com  Purchasing webpage on the City of Delray Beach website  Request via email purchasing@mydelraybeach.com  Hard copies are available at City Hall These are the only methods of notification and distribution authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those shown above. It shall be the Proposer’s responsibility to verify the validity of all RFP documents and solicitation information received by sources other than those listed. 1. REQUIRED INFORMATION: This RFP contain various sections which require completion. Responses to this RFP (Proposals) must be completed and returned prior to the Due Date and Time set for Proposal opening or the Proposer will be found non-responsive. 2. CORRESPONDENCE: The number of this RFP must appear on all correspondence, or inquiries, pertaining to this RFP. 3. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the solicitation process for this RFP shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. 4. ADDENDA: Any interpretations, corrections, or changes to this RFP will be made by addenda. Sole issuing authority shall be vested in the City Purchasing Department. Addenda will be posted and available through the City notification methods shown above. 5. ELECTRONIC PROPOSAL SUBMISSION: Submission of Proposals electronically will be through a secure mailbox at BidSync (www.bidsync.com) until the Due Date and Time as indicated in this RFQ. BidSync does not accept electronic Proposals after the Due Date and Time. It is the sole responsibility of the Proposer to ensure their proposal reaches BidSync before the solicitation Due Date and Time. There is no cost to the Proposer to submit a proposal to a City via BidSync. Electronic submission of proposals may require City of Delray Beach RFP No. 2017-025 Page 3 Financial Advisory Services the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate file.  Additionally, Proposers who submit a proposal electronically via BidSync shall deliver two electronic format copies of the proposal to the City in a sealed container per Item 8 below. 6. HARD COPY (PAPER) PROPOSAL SUBMISSION: Paper hard copies of Proposer’s proposal may be submitted as an alternative method. The proposal and all copies must be received on or before the Due Date and Time (local time) at the City Hall Lobby reception desk located at 100 N.W. 1stAvenue, Delray Beach, Florida, 33444. Proposals must be presented in a sealed container unless otherwise indicated. It is the sole responsibility of the Proposer to utilize the forms provided in this RFP and to ensure their Proposal is delivered to the City Hall Lobby reception desk prior to the Due Date and Time. The Proposer’s name, return address, the RFP number, RFP title, Due Date and Time must be noted on the outside of the sealed container. Included in the sealed container shall be:  One (1) unbound original clearly identifying Proposer and marked “ORIGINAL”.  Five (5) bound copies clearly identifying Proposer and marked “COPY” with all required information and identical to the original.  Two (2) electronic format copies clearly identifying Proposer. 7. ELECTRONIC FORMAT COPIES: Electronic format copies should be submitted on separate USB portable flash memory cards/drives in Adobe Acrobat® portable document format (PDF) in one continuous file. Do not password protect or otherwise encrypt electronic proposal copies. Electronic copies must contain an identical proposal to the original. Electronic copies must be received on or before the Due Date and Time (local time) at the City of Delray Beach, City Hall Lobby reception desk located at100 N.W. 1st Avenue, Delray Beach, Florida, 33444. Electronic format copies must clearly identify Proposer and be submitted in a sealed container. NOTE: Proposal responses submitted via facsimile or email will not be accepted. 8. LATE PROPOSALS: The City shall not be responsible for a Proposer’s inability to submit a proposal via BidSync by the Due Date and Time for any reason. Hard copy proposals received at the City of Delray Beach City Hall after the Due Date and Time shall be returned unopened and will be considered non-responsive. It is the sole responsibility of Proposer to ensure its Proposal is received by the City by the Due Date and Time. The City is not responsible for the lateness due to weather conditions, delivery service, issues arising from the use of BidSync. or any other reasons. City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays. 9. PROPOSAL OPENINGS: All proposals submitted before the Due Date and Time shall be publicly opened by the Purchasing Department at the City Hall Building, located at 100 N.W. 1st Avenue, Delray Beach, FL or other designated City location as posted. The Purchasing Department will decrypt responses received in BidSync immediately following City of Delray Beach RFP No. 2017-025 Page 4 Financial Advisory Services the designated Due Date and Time. Proposers and the public are invited to attend Proposal openings. Only the Proposers’ names will be read aloud at the Proposal opening. 10. MINOR DEFECT: The City reserves the right to waive any minor defect, irregularity, or informality in any proposal. The City may also reject any or all proposals without cause prior to award. 11. EVALUATION: Proposals will be evaluated as outlined in this RFP. 12. AWARD: The City reserves the right to accept any proposal or combination of proposal alternates which, in the City’s judgment will best serve the City’s interest, reject any and all proposals or any part of a proposal, and to negotiate with the Successful Proposer. The City reserves the right to waive any informality in a proposal, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of work and unit prices in Proposer’s Fee Proposal will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. The City reserves the right to award the Agreement on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible Proposer whose product or service meets the terms, conditions, and specifications of the RFP and whose Proposal is considered to best serve the City’s interest. 13. INFORMATION: Within this RFP are several Sections. Section 1 provides the scope of services, Section 2 describes the Terms and Conditions that will apply to this RFP and any resulting Agreement. Section 3 describes the Proposal Response Requirements to be provided by the Successful Proposer. Section 4 provides the scope of work and Section 4 provides forms and instructions for preparing a proposal in response to this RFP. 14. RFP SCHEDULE: A summary schedule of the major activities associated with this solicitation is presented in Table 1, below. The City, at its sole discretion, may modify this schedule as the City deems appropriate. Table 1 ACTIVITY DATE Issue RFP January 14, 2017 Deadline for Delivery of Questions February 14, 2017 Due Date and Time (for delivery of Proposals) February 21, 2017 by 2:00 p.m., ET Institute Cone of Silence February 21, 2017 at 2:00 p.m., ET Phase 1 Evaluation February 24, 2017 Phase 2 Evaluation Selection Committee Meeting Technical Evaluations March 7, 2017 1:00 p.m., ET at City Hall Conference Room Selection Committee Meeting – Interviews (if conducted) March 14, 2017 1:00 p.m., ET at City Hall Conference Room Selection Committee Meeting - Final Evaluations March 17, 2017 9:00 a.m., ET at City Hall Conference Room City of Delray Beach RFP No. 2017-025 Page 5 Financial Advisory Services 15. MEETING LOCATIONS:  City Hall Conference Room - located at 100 N.W. 1st Avenue, first floor, Delray Beach, FL.  ESD Conference Room and Training Rooms - located at Environmental Services Department Administration Building located at 434 South Swinton Avenue, Delray Beach, FL. 16. BIDSYNC: The City uses BidSync (www.bidsync.com) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended award decision. There is no charge to potential Proposers to register and download the solicitation from BidSync. Proposers are strongly encouraged to read the various vendor Guides and Tutorials available on the BidSync website well in advance of their intention of submitting a proposal to ensure familiarity with the use of BidSync. 17. POINT OF CONTACT: For information concerning procedures for responding to this RFP, contact the City Purchasing Department via email at purchasing@mydelraybeach.com. Such contact shall be for clarification purposes only. 18. QUESTIONS: Each Proposer must examine this RFP, which incorporates all its addenda, appendices, exhibits, drawings, instructions, special conditions and attachments to determine if the requirements are clearly stated. All questions concerning this RFP, such as discrepancies, omissions and exceptions to any term or condition of the RFP documents, including the Sample Agreement, should be submitted in writing utilizing the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the Deadline for Delivery of Questions specified in the RFP schedule. Failure of the Proposer to examine all pertinent documents shall not entitle the Proposer to any relief from the conditions imposed in the Agreement. 19. DEFINITIONS The City will use the following definitions in its special conditions, scope of services, instructions, addenda and any other document used in the solicitation process: A. REQUEST FOR PROPOSALS (RFP) - City request for proposals from qualified Proposers. B. PROPOSER – Person or firm submitting a Proposal. C. PROPOSAL – Proposers response to this RFP. D. RESPONSIVE PROPOSER – A Proposer whose Proposal conforms in all material respects. E. RESPONSIBLE PROPOSER – A Proposer who meets the minimum qualification requirements and has the capability to perform the Agreement requirements. F. FIRST RANKED PROPOSER – The Proposer whose Proposal is deemed the most advantageous to the City after applying the evaluation criteria contained in this RFP. City of Delray Beach RFP No. 2017-025 Page 6 Financial Advisory Services G. SUCCESSFUL PROPOSER – Proposer who is awarded an Agreement for the provision of services detailed in this RFP. H. AGREEMENT – The Agreement, a sample of which is attached hereto and made a part hereof, between the City and the Successful Proposer to perform the services described herein. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2017-025 Page 7 Financial Advisory Services TABLE OF CONTENTS SECTION 1: SPECIAL TERMS AND CONDITIONS ................................................................ 8 SECTION 2: PROPOSAL RESPONSE REQUIREMENTS ......................................................22 SECTION 3: SCOPE OF SERVICES .......................................................................................27 SECTION 4: FORMS AND INSTRUCTIONS ...........................................................................31 Form A - Proposal Submittal Signature Page ........................................................................................ 34 Form C - Drug-Free Workplace ................................................................................................................ 37 Form D - Conflict of Interest Disclosure ................................................................................................. 38 Form E - Acknowledgment of Addenda .................................................................................................. 39 SAMPLE AGREEMENT ...........................................................................................................40 City of Delray Beach RFP No. 2017-025 Page 8 Financial Advisory Services SECTION 1: SPECIAL TERMS AND CONDITIONS A. INTRODUCTION AND INFORMATION 1. Sections Within this RFP are several Sections. Section 1 describes the Terms and Conditions that will apply to this RFP. Section 2 describes the information and documentation to be provided by Proposers, Section 3 provides the Scope of Work that will be required of the Successful Proposer, and Section 4 provides forms that must be submitted and instructions for preparing a proposal in response to this RFP. 2. Addenda, Changes, and Interpretations Proposers should utilize the question / answer feature provided by BidSync and request modification or clarification of any ambiguity, technical specifications, conflict, discrepancy, omission or other error discovered in this RFP. Requests for clarification, modification, interpretation, or changes must be received prior to the Deadline for Delivery of Questions. Requests received after the Deadline may not be addressed. The City’s response to questions and requests for information will be answered within the question/answer feature provided by BidSync. Additionally, all questions received and responses given will be provided via an addendum to this RFP and uploaded to BidSync. Material changes, if any, to the requirements, scope, specifications, or the solicitation process will made by official written addendum issued by the City and uploaded to BidSync as an addendum to this RFP. All addenda are a part of the RFP solicitation documents and each Proposer will be bound by such addenda. It is the responsibility of each Proposer to read and comprehend all addenda issued. Failure of any Proposer to acknowledge an issued addendum in its Response will not relieve the Proposer from any obligation contained therein. 3. Evaluation of Proposals The City Manager will designate a Selection Committee to review and evaluate the Proposals submitted in response to this RFP. The review process will be conducted at a minimum of two phases. In Phase One, the Chief Purchasing Officer (CPO) or designee shall determine whether each Proposer is responsive and responsible. For the purposes of this RFP, a responsive Proposer means a Proposer that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly, in Phase One, the CPO or designee will determine whether each Proposer correctly submitted all of the necessary forms and documents. For the purposes of this RFP, a responsible Proposer means a Proposer meets the minimum qualification requirement(s) in this RFP, Section 2. Among other things, a Proposal may be found to be non-responsive if the Proposer failed to provide the information requested in the RFP; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. In Phase Two, the Selection Committee will evaluate each proposal utilizing the following criteria: City of Delray Beach RFP No. 2017-025 Page 9 Financial Advisory Services Evaluation Criteria Criterion Max Score Experience 40 Capacity & Approach 30 Fee Proposal 15 Interviews 10 Location 5 Total 100 Each Selection Committee member will evaluate, rank and score the proposals for each of the evaluation criteria. The Selection Committee may create a short list of Proposers from the proposals received and elect to conduct interviews/presentations with the short-listed firms. If the Selection Committee elects to short-list only those proposals from Proposers that are short- listed will be considered for award of the Agreement. The Selection Committee may rank Proposals without conducting interviews with Proposers. Therefore, each Proposer must ensure that its proposal contains all of the information requested in this RFP. The Selection Committee, may, at its discretion, request interviews with one of more of the Proposers. If interviews are conducted, the evaluation will be on the knowledge demonstrated by the Proposer and its team member and comprehensive explanations and/or augmentation of information. Consideration will also be given for presentation style. Clarification information as well as information obtained during the interview process will be considered in the final evaluations and ranking of Proposals. All costs incurred by Proposer to participate in the interview, including travel, will be the sole responsibility of the Proposer. At any time during the Selection process, the City may conduct investigations it deems necessary to evaluate the Proposals. Each Proposer shall promptly provide the City with any additional information reasonably requested by the City. The City shall have the right to make additional inquiries visit the facilities of one or more of the Proposers, or take any other action the City deems necessary to fairly evaluate a Proposal. At any time during the Selection process, the City may reject a proposal if the City concludes the Proposer is not qualified (e.g. Proposer does not satisfy the minimum requirements criteria set forth in this RFP). 4. Best and Final Offer (BAFO) The City may request a BAFO if additional information or modified terms are necessary for the evaluation committee to complete its evaluation and ranking. The information received from the BAFO will be used by the evaluation committee to re-evaluate and re-rank the Proposers. 5. Negotiation The City reserves the right to negotiate pricing and scope with the highest ranked Proposer(s). City of Delray Beach RFP No. 2017-025 Page 10 Financial Advisory Services 6. Award The City reserves the right to accept a Proposal(s) and award an Agreement(s) that in its judgment, is the best value and in the best interest of the City. 7. The City’s The City’s Acceptance or Rejection of Proposals  Disregard all non-conforming or unbalanced proposals  Reject any and all proposals that fail to satisfy the requirements and specifications in this RFP  Accept the proposal which is the best overall proposal, based on the selection criteria listed  Waive minor irregularities in any proposal  Issue addenda or otherwise revise the requirements in this RFP  Reject all proposals, with or without cause \  Issue requests for new proposals  The City concludes that collusion existed among two or more Proposers  Cancel this RFP Additionally, the City may reject a proposal(s) if (1) the Proposer misstates or conceals any material fact in their proposal; (2) the proposal does not conform to the requirements of applicable Law; (3) the proposal is subject to conditions or qualifications; (4) a change occurs that makes this RFP unnecessary for the City; (5) any Proposer submits more than one proposal under the same or different names; (6) a Proposer has failed to perform satisfactorily or meet its financial obligations on previous contracts; (7) the Proposer employs unauthorized aliens in violation of Section 274(A)(e) of the Immigration and Naturalization Act; (8) the Proposer is listed on the U.S. Comptroller General’s List of Ineligible Companies for Federally Financed or Assisted Projects (9) If two or more Proposers are planning a merger, or in the process of merging with or acquiring other Proposers, and/or (10) the City concludes that the Proposer is not submitting bona fide or uncompromised proposal. 8. Changes and Alterations Proposers may change or withdraw their Proposal at any time prior to the proposal Due Date and Time; however, no oral modifications will be allowed. Unless requested by the City, modifications shall not be allowed following the proposal Due Date and Time. 9. Proposer's Costs Proposer is solely responsible for all costs incurred by Proposer in responding to this RFP. 10. Pricing/Delivery All pricing should be identif ied on the Fee Proposal page provided in this RFP. No additional costs may be accepted, other than the costs stated on the Fee Proposal pages. Failure to use the City’s Fee Proposal form and provide costs as requested in this RFP may deem Proposer’s proposal non-responsive. Proposer must quote f ixed fees f or all services stated in the RFP. Fees stated in the Fee Proposal must be all inclusive, including travel to and from the City. City of Delray Beach RFP No. 2017-025 Page 11 Financial Advisory Services 11. Acceptance of Proposals / Minor Irregularities The City reserves the right to accept or reject any or all proposals, part of proposals, and to waive minor irregularities or variances to specifications contained in proposals which do not make the proposal conditional in nature, and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a Proposer an advantage or benefit not enjoyed by other Proposers, does not adversely impact the interests of other firms or, does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue a RFP. The City reserves the right to disqualify Proposer during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. 12. Modification of Services The City reserves the right to delete any portion of the work at any time, and if such right is exercised by the City, the total f ee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the City on any portion of an Agreement resulting from this RFP, the Successful Proposer shall be paid f or the work completed on the basis of the estimated percentage of completion of such portion to the total project cost. The City may require additional items or services of a similar nature, but not specifically listed in the Agreement. The Successful Proposer agrees to provide such items or services, and shall provide the City prices on such additional items or services based upon a formula or method, which is the same or similar to that used in establishing the prices in their proposal. If the price(s) offered are not acceptable to the City, the City reserves the right to procure those items or services from other suppliers , or to cancel the Agreement upon giving the Successful Proposer thirty (30) days written notice. If the Successful Proposer and the City agree on modifications or revisions to the scope of services, the Successful Proposer will submit a revised fee to the City for approval prior to issuance of an amendment to the Agreement to incorporate such revisions. 13. Non Exclusive Contract Proposer agrees and understands that the Agreement shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another supplier at the City’s sole option. 14. Contract Agreement By submitting a proposal the Proposer agrees to all terms and conditions in this RFP, which incorporates all addenda, appendices, exhibits, attachments and sample Agreement. The Successful Proposer will be required to execute the Agreement, a sample of which is attached hereto and made a part hereof. The Agreement will incorporate the Successful Proposer’s Proposal and any subsequent information requested from the Successful Proposer by the City during the evaluation and negotiation processes. The City will transmit the Agreement to the recommended proposer for execution. Proposer agrees to deliver two duly executed copies of the Agreement to the City within five (5) calendar days of receipt. City of Delray Beach RFP No. 2017-025 Page 12 Financial Advisory Services 15. Subcontractors The City reserves the right to approve or disapprove of any subcontractor candidate in its best interest and to require Proposer to replace subcontractor with one that meets City approval. Proposer shall ensure that all of Proposer’s subcontractors perform in accordance with the terms and conditions of the Agreement. Proposer shall be fully responsible for all of its subcontractors’ performance and liable f or any subcontractors’ non-performance and/or acts and omissions. Successful Proposer shall require all of its subcontractors to provide the required insurance coverage, as well as any other coverage that the Proposer may consider necessary, and any deficiency in the coverage or policy limits of said subcontractors will be the sole responsibility of the Successful Proposer. 16. Insurance Requirements The Successful Proposer shall supply proof of insurance, detailing terms and provisions of coverage. Coverage must be received by Purchasing Department and approved by the City Risk Manager within 10 days of final execution of the Agreement. Selected Proposer shall carry the following minimum types of insurance: A. Workers’ Compensation Insurance: with the statutory limits. B. Employers’ Liability insurance: with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C. Comprehensive General Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The Comprehensive General Liability insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and Contractual Exclusions removed. D. Automobile Liability Insurance: with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. E. Errors and Omissions Insurance: with limits of not less than five million dollars ($5,000,000). F. Commercial Crime Liability Insurance: with limits of not less than five million dollars ($5,000,000). City of Delray Beach RFP No. 2017-025 Page 13 Financial Advisory Services All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A-VIII or better. All insurance policies shall name the City of Delray Beach as an additional insured. The Successful Proposer agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the Purchasing Department located at 100 N.W. 1st Ave., Delray Beach, FL 33444. 17. Award of Agreement An Agreement may be awarded by the City Commission. The City reserves the right to execute or not execute, as applicable, an Agreement with the Successful Proposer(s) that is determined to be in the City’s best interests. The City reserves the right to award an Agreement to more than one Proposer, at the sole and absolute discretion of the in the City. 18. Unauthorized Work The Successful Proposer(s) shall not begin work until an Agreement has been awarded by the City Commission and the Agreement is fully executed; a copy of which shall be provided to the Successful Proposer(s) following Commission award. 19. Uncontrollable Circumstances (Force Majeure) The City and Successful Proposer will be excused f rom the performance of their respective obligations under the A greement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, acts of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; C. No obligations of either party that arose before the Force Majeure causing the excuse of perf ormance are excused as a result of the Force Majeure; and D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, perf ormance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse perf ormance for a longer term. Economic hardship of the Proposer will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 20. New s Releases/Publicity News releases, publicity releases, or advertisements relating to the Agreement or the work associated with this RFP shall not be made by Proposers without prior City approval. City of Delray Beach RFP No. 2017-025 Page 14 Financial Advisory Services 21. Agreement Period The initial Agreement term shall commence on the date specified in the Agreement and shall expire three years from that date. The City reserves the right to extend the Agreement for two additional one year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City Commission. At the City’s request, the Successful Proposer shall continue services beyond the final expiration date as approved by the City Manager or Commission. Such extension(s) shall not exceed a six month period. The Successful Proposer shall be compensated at the rate in effect when this extension period is invoked by the City. 22. Agreement Coordinator The City may designate an Agreement Coordinator whose principal duties shall be:  Liaison with Successful Proposer.  Coordinate and approve all work under the Agreement.  Resolve any disputes.  Assure consistency and quality of Successful Proposer's performance.  Schedule and conduct Successful Proposer performance evaluations and document findings.  Review and approve for payment all invoices for work performed or items delivered. 23. Substitution of Personnel It is the intention of the City that the Successful Proposer's personnel proposed for the Agreement will be available for the Agreement Period. In the event the Successful Proposer wishes to substitute personnel, Successful Proposer shall propose personnel of equal or higher qualifications and all replacement personnel are subject to City approval. In the event substitute personnel are not satisfactory to the City and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the Agreement for cause. 24. Public Records IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT PUBLICRECORDSREQUEST@MYDELRAYBEACH.COM . Successful Proposer shall comply with public records laws, specifically to: i. Keep and maintain public records required by the City to perform the service. ii. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. City of Delray Beach RFP No. 2017-025 Page 15 Financial Advisory Services iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Successful Proposer does not transfer the records to the City. iv. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Successful Proposer or keep and maintain public records required by the City to perform the service. If the Successful Proposer transfers all public records to the City upon completion of the Agreement, the Successful Proposer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Successful Proposer keeps and maintains public records upon completion of the Agreement, the Successful Proposer shall meet all applicable requirements for retaining public records. All records stored electr onically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. v. If the Successful Proposer does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 25. REQUEST FOR RECORDS; NONCOMPLIANCE All requests to inspect or copy public records relating to a City Agreement for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Successful Proposer of the request, and the Successful Proposer must provide the records to the City or allow the records to be inspected or copied within a reasonable time. If Successful Proposer does not comply with the City’s records request for records, the City shall enforce the Agreement provisions in accordance with the Agreement. If Successful Proposer fails to provide the public records to the City within a reasonable time may be subject to penalties under Florida Statute Chapter 119.10. If a civil action is filed against Successful Proposer to compel production of public records relating to a City Agreement for services, the court shall assess and award against the Successful Proposer the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the Successful Proposer unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Successful Proposer has not complied with the request, to the public agency and to the contractor. A notice complies if it is sent to the City’s custodian of public records and to the Successful Proposer at the Successful Proposer’s address listed on its Agreement with the City or to the Successful Proposer’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A Successful Proposer who complies with a public records request within eight business days after the notice is sent is not liable for the reasonable costs of enforcement. City of Delray Beach RFP No. 2017-025 Page 16 Financial Advisory Services 26. Limitations on Communication-Cone of Silence: Proposers are advised that a Cone of Silence will be in effect during this RFP. The Cone of Silence is effective from the Due Date and Time until award is made by the City Manager and/or Commission. The Cone of Silence prohibits any communications, regarding this RFP, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission’s staff, any City employee authorized to act on behalf of the City to award the Agreement under this RFP, or any member of the Selection Committee. All correspondence regarding this RFP must be in writing and must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides “any person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances.” The County Code provides as follows: A. ‘Cone of Silence’ means a prohibition on any communication, except for written correspondence, regarding a particular request for proposals, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitations; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular Agreement. B. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. C. The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The Cone of Silence applies to any person or person's representative who responds to a particular request for proposals, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposals, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. D. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, Bidder negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the Cone of Silence shall not apply to Bidder negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. E. The Cone of Silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. City of Delray Beach RFP No. 2017-025 Page 17 Financial Advisory Services F. The Cone of Silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves an Agreement, rejects all Bids or responses, or otherwise takes action which ends the solicitation process. G. Any Agreement entered into in violation of the Cone of Silence provisions in this section shall render the transaction voidable. 27. OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city contracts, transactions, accounts and records. The City has entered into an Inter-local Agreement with Palm Beach County for Inspector General services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to the Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the parties doing business with the City, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Proposer agrees that it is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of purchases and Agreements, and may demand and obtain records and testimony from Proposer and its sub licensees and lower tier sub licensees. Proposer understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Proposer or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of any order. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 28. PUBLIC ENTITY CRIMES: Pursuant to Florida Statutes 287.133, as amended, 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 proposal on an Agreement to provide any goods or services to a public entity, may not submit a proposal on an Agreement with a public entity for the construction or repair of a public building or public work, may not submit a proposal on leases of real property to a public entity, may not be awarded or perform work as an Agreement or, supplier, subcontractor or consultant under an Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Each Proposer must certify that the Proposer is not subject to these prohibitions regarding public entity crimes. 29. SCRUTINIZED COMPANIES: This Section applies to any Agreement for goods or services of $1 million or more. The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, that it does not have business operations in Cuba or Syria and t as provided in Florida Statutes 287.135. The City may terminate an Agreement at the City’ s option if the City of Delray Beach RFP No. 2017-025 Page 18 Financial Advisory Services Proposer is found to have submitted a false certification as provided under subsection (5) of Florida Statutes 287.135 or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Florida Statutes 287.135. 30. DEBARRED OR SUSPENDED PROPOSERS: The Proposer certifies, by submission of a response to this solicitation, that neither it nor its principals or subcontractors are presently debarred or suspended by any Federal, State or City department or agency. 31. LOBBYING ACTIVITIES: All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance (Section 2 - 351 of the Palm Beach County Code of Ordinances) applies to the City and this solicitation. Any violation of this requirement may cause the Proposer to be disqualified and prohibited from participating further in the RFP process. 32. COMPLIANCE WITH LAWS: Proposer shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant any order. 33. NON-DISCRIMINATION: The Proposer shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Proposer will endeavor to ensure that applicants are employed and that employees are treated fairly during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractor to be in compliance. 34. CONFLICT OF INTEREST: By submitting a Proposal, Proposer declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City is directly or indirectly interested in this Proposal or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or The award is subject to provisions of State Statutes and City Ordinances. All Proposers must disclose with their Proposal the name of any officer, director or agent who is also an employee of the City. Further, all Proposers must disclose the name of any City employee who owns, directly or indirectly, any interest in the Proposer’s firm or any of it’s’ branches. 35. ANTI-COLLUSION: Proposer certifies that its Proposal is made without prior understanding, agreement, or connection with any other corporation, firm or person submitting a Proposal for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. Any such violation may result in Agreement cancellation, return of materials or discontinuation of services and the possible removal of Proposer from participation in future City solicitations for a specified period. City of Delray Beach RFP No. 2017-025 Page 19 Financial Advisory Services 36. CITY POLICIES: Successful Proposer shall comply with the City Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City Human Resources Division. Violations of these policies may result in cancellation/termination of the Agreement. 37. TRADE SECRET: Any language contained in the Proposer’s Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claim s is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer’s Proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 38. LOCAL PREFERENCE: In accordance with the City Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for local businesses of five (5) percentage points of the total points in the evaluation criteria published in the solicitation. A Local Business is any person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one year prior to the solicitation issue date and a physical address within the City from which the vendor lawfully performs and operates. 39. VENUE: Proposers waive the privilege of venue and agree that any legal action brought pursuant to this RFP or any resulting Agreement between Proposer and the City will be in Palm Beach County, Florida and that all litigation between Proposer and the City in the federal courts shall take place in the U.S. District Court for the Southern District of Florida. Proposer hereby waives any claim against City and its officers, employees, volunteers or agents for loss of anticipated profits caused by any suit or proceedings directly or indirectly attacking the validity of the Agreement or any part thereof, or by any judgment or award in any suit or proceeding declaring the Agreement null, void, or voidable, or delaying the same, or any part hereof, from being carried out. City of Delray Beach RFP No. 2017-025 Page 20 Financial Advisory Services 40. INDEMNITY/HOLD HARMLESS AGREEMENT: Proposer shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, whether directly or indirectly, of Proposer, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any order including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Proposer shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of any order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Proposer under any order may be retained by City until all of City's claims for indemnification pursuant to any order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. 41. REQUIREMENTS: The requirements contained in the Scope of Services may include items that are considered minimum, mandatory, or required. If any Proposer is unable to meet or exceed these items and feels that the requirements are overly restrictive, the Proposer must notify the Purchasing Department prior to the Deadline for Delivery of Questions. If no such notification is received prior to the Deadline for Delivery of Questions, the City will consider the requirements to be acceptable to all Proposers. 42. PROTEST PROCEDURES: Parties that are not actual proposers including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section. Upon notification by the City that a proposer is deemed non-responsive and/or non-responsible, the, proposer or responder who is deemed non-responsive and/or non-responsible may file a protest with the Chief Purchasing Officer by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited. Likewise, after a Notice of Intent to Award an Agreement is posted, any actual proposer who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. Any proposer filing a protest shall simultaneously provide a Protest Bond to the City in the amount of fifteen thousand dollars ($15,000). If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the City. The Protest Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents. City of Delray Beach RFP No. 2017-025 Page 21 Financial Advisory Services Any actual proposer that does not formally protest or appeal in accordance with this City Code Ordinance 36.04 shall not have standing to protest the City Commission's award. Proposal protests will follow the procedures set forth in City Code Ordinance 36.04. 43. USE OF OTHER GOVERNMENTAL AGREEMENTS: The City reserves the right to reject any part or all of any proposal received and utilize other available governmental agreements, if such action is in its best interest. The Successful Proposer agrees to make available to all governmental agencies, authorities, departments, and municipalities the prices submitted by the Successful Proposer should any governmental agency, authority, department, and municipality (collectively referred to as Public Entities) desire to utilize the awarded Agreement resulting from this RFP. The City will not be responsible for any transactions between the Successful Proposer and Public Entities that may elect to utilize the awarded proposal. All terms, prices and conditions of the awarded proposal will apply between the Successful Proposer and Public Entities utilizing the awarded proposal. As a condition of using the awarded proposal, the Public Entity and successful Proposer shall hold the City harmless from any claims or legal actions that may arise. NOTE: Any quantities estimated in this RFP are for the City requirements only. 44. PROHIBITION OF INTEREST: No Agreement will be awarded to a Proposer who has City elected officials, officers or employees affiliated with it, unless the Proposer has fully complied with current Florida State Statutes, City Ordinances, the Palm Beach County Code of Ethics, and all other applicable rules and regulations relating to this issue. Proposers must disclose any such affiliation in their Proposal. Failure to disclose any such affiliation will result in disqualification of the Proposer, removal of the Proposer from the City’s Proposer lists, and prohibition of the Proposer from engaging in any business with the City for a specified period. 45. LEGAL REQUIREMENTS: Applicable provisions of all federal, State of Florida, and Palm Beach County laws, local ordinances, rules and regulations shall govern development, submittal and evaluation of Proposals submitted in response to this RFP and shall govern any and all claims and disputes which may arise between Proposers and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any Proposer shall not constitute a cognizable defense against the legal effect thereof. 46. PROPOSAL FIRM FOR ACCEPTANCE: Proposer warrants that by virtue of submitting a Proposal, the Proposal and the prices quoted in the Proposal will be firm for acceptance by the City for a period of one hundred fifty days from the Due Date and Time. 47. COMMUNICATIONS: Only written communications from Proposer, which are signed by a person authorized to bind the Proposer will be recognized by the City as duly authorized expressions on behalf of Proposer. City of Delray Beach RFP No. 2017-025 Page 22 Financial Advisory Services SECTION 2: PROPOSAL RESPONSE REQUIREMENTS 1. PROPOSER STATEMENT OF ORGANIZATION Provide information on Proposer as follows: A. Legal contracting name including any dba. B. State of organization or incorporation. C. Ownership structure of Proposer’s company. (e.g., Sole Proprietorship, Partnership, Limited Liability Corporation, Corporation) D. Federal Identification Number. E. Contact information for Proposer’s Corporate headquarters. Address City, State, Zip Phone F. Contact information for Proposer’s Local office (if any). Address City, State, Zip Phone G. List of officers, owners and/or partners, or managers of the firm. Include names, business addresses, email addresses, and phone numbers. H. Any additional organizational information that Proposer wishes to supply to augment its organizational structure. I. Contact information for Proposer’s Primary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip J. Contact information for Proposer’s Secondary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip K. Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested financial advisory services.in which Proposer is a part to. City of Delray Beach RFP No. 2017-025 Page 23 Financial Advisory Services Disclose any circumstance where the conduct of the Proposer is being investigated or has had an adverse determination by any legal or administrative body. L. Provide details of any ownership changes to Proposer’s organization in the past three years or changes anticipated within six months of the Due Date and Time (e.g., mergers, acquisitions, changes in executive leadership). 2. MINIMUM QUALIFICATIONS Each proposer shall submit information and documentation requested that confirms it meets the following qualification requirement(s): i. Must be registered with the States of Florida, Division of corporations to do business in Florida. No documentation is required. The City will verify registration. 3. PROPOSAL RESPONSE REQUIREMENTS A. EXPERIENCE i. Submit a detailed narrative description documenting Proposer’s overall background and experience to include, but not limited to, the following: a. Provide experience with similar financial advisory services in Florida and with other municipalities of similar size and characteristics of the City in relation to the scope of services being requested. b. Briefly describe the range of activities performed by the office doing the required services. c. Awards, certifications, or other related recognition. ii. Submit a detailed narrative description documenting Proposer’s specific experience including, but not limited to, the following: a. Knowledge of financial planning and marketing while demonstrating adequate experience, organization, facilities, equipment and personnel to ensure prompt and efficient service to the City of Delray Beach b. Background in designing, implementing, and monitoring of the financing element of the capital improvements plan. c. Experience specific related to debt capacity analysis, debt ratio study, alternatives and innovative financing options, identification of potential revenue sources and methods of financing permitted under Florida law. iii. Submit a detailed narrative description documenting experience of the key personnel proposed by Proposer to include, but not limited to the following: a. Provide brief resume for each person to be assigned to the contract, with emphasis on financial advisory services for governmental units. b. Provide name of appointed a person to act as a primary contact with the City of Delray Beach. This person or back-up shall be readily available during normal work hours by phone or in person, and shall be knowledgeable of the terms of the contract and the service being provided. City of Delray Beach RFP No. 2017-025 Page 24 Financial Advisory Services c. Indicate current workload and the current percentage of time available for allocation to the City. iv. Each Proposer shall submit at least five client references for whom they have provided services similar to those specified in this RFP in the past five (5) years and who are agreeable to respond to a request from the City regarding proposer’s experience. Each client reference should include the following: a. Organization name b. Contact name(s) c. Contact email address d. Address e. Telephone and fax numbers f. Dates of service (start/end) g. Scope of work (brief description) B. APPROACH AND CAPACITY i. Provide a detailed narrative description of the proposed approach and methodology for engaging with City representatives while in the course of performing the duties, including, but not limited to, the following: ii. Provide summary of Proposers understanding, based upon firms research of the issues and concerns over the next five years. iii. Provide three innovative financing techniques which have been developed and/or implemented in connection with previous engagements. Include a brief description of project type, project size, financing concept considered (regardless of final method used), as well as brief comments concerning the concepts’ applicability to the City's financing needs. iv. Proposer shall provide an estimate of the time that will be required of City staff in assisting in financial advisory services. v. The overall approach to delivering the Scope of Services and any strategies Proposer proposes to implement vi. Goals that the Proposer would like to achieve vii. Narrative that demonstrates working knowledge and understanding of the requirements of the Scope of Services viii. Details of implementation plan and schedule. ix. Proposer shall specify the location(s), including the complete physical address, where the work for this project will be performed, including work performed by subcontractors, if applicable. x. Proposer shall thoroughly explain: a. Its accessibility in the areas of availability for meetings, general communications, coordination, and supervision b. How the proposer physically plans on attending pre-scheduled meetings c. How the proposer plans on ensuring accessibility and availability during the term of the Agreement City of Delray Beach RFP No. 2017-025 Page 25 Financial Advisory Services C. LOCATION Per City Code of Ordinances Section 36.14 Local Business Preference; for all acquisitions made pursuant to Requests for Proposals, as provided in City Code of Ordinances Section 36.02(A)(2), the solicitation shall include a weighted criterion for local businesses of five (5) percentage points of the total points in the evaluation criteria published in the solicitation. Businesses must be certified prior to the Due Date and Time for submission of Proposals. Proposer’s who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. i. Provide a copy of Proposer’s documentation that confirms Proposer meets the local business requirements and is certified prior to the Due Date and Time for submission of Proposals. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2017-025 Page 26 Financial Advisory Services D. FEE PROPOSAL Proposers should use this form for submitting its Fee Proposal. The following pricing is submitted as, all inclusive, to provide financial advisory services in accordance with the requirements identified in this Scope of Work, and as set forth in this RFP document. The Proposer’s annual fee for financial advisory services shall remain firm for the term of the Agreement. The option for renewal shall be exercised upon mutual agreem ent between Contractor and City, by written agreement with all original terms and conditions adhered to with no deviations. 4. Hourly Fees - if any. 1. Fee per hour $ ______________ 2. Flat fee $ ______________ 3. Include a list of out-of-pocket expenses, expected to be paid by the City, if any. 4. Payment Terms (e.g., monthly, quarterly) 5. Bond Issue Fees 5. Bond Issue Fee based on percent of bond issue or other ______________% Comments: City of Delray Beach RFP No. 2017-025 Page 27 Financial Advisory Services SECTION 3: SCOPE OF SERVICES A. HISTORY AND BACKGROUND: The City of Delray Beach is a political subdivision of the State of Florida and is located in the southeastern part of the state in Palm Beach County on the Atlantic shoreline. Delray Beach was first settled as an agricultural community in 1895 and first incorporated in 1911. It was later incorporated as the City of Delray Beach on May 11, 1927. The City has a current estimated permanent population of 65,100 with additional estimated 12,600 seasonal residents. The City of Delray Beach is a full service city with a Commission-Manager form of local government. The citizens elect a Mayor at large on a non-partisan basis every three (3) years who presides over four (4) Commissioners who are elected at large on a non-partisan basis for three (3) year terms in alternating years. The City Commission sets policy, approves legislation, adopts the Annual Budget, and sets rates and fees. The City Commission appoints the City Manager, who is the chief administrative officer of the City, and the City Attorney, who acts on all legal matters pertaining to the City. The City Manager is charged with overseeing the daily business of the City and is responsible for the supervision of the City departments and employees. Department Heads serve at the pleasure of the City Manager and other employees are covered by either Civil Service regulations or union agreements. The City of Delray Beach has a very aggressive capital improvement plan which will require regular financing. Please see the City’s adopted budget Capital Improvement Plan section for details on the currently adopted project listing. The Capital Improvement Plan budget is located on the City website and available for download at : http://cms5.revize.com/revize/delray/FY%2016%2017%20Annual%20Adopted%20Budget.p df The City of Delray Beach provides a full range of community services including public safety (police, fire protection and rescue services); parks and recreation (beaches, pools, marina, boat ramps, parks and multiple recreation centers); and public works (essential traffic, street maintenance and parking). Other recreational amenities of the City include golf courses, tennis courts and the tennis stadium. The Environmental Services Department provides water and sewer, stormwater, engineering and construction services. The Community Improvement Department provides building permits, inspections, code enforcement, garbage and trash services, and administers the City’s Community Development Block Grants. The City also provides general administrative services and financial support services. The City provides water, fire protection, emergency medical services, police dispatch services, building inspection and permitting, and limited sewer services to the Town of Gulfstream. Fire protection and emergency medical services, and limited water services are provided to the Town of Highland Beach. Both towns are serviced on a contractual basis. City of Delray Beach RFP No. 2017-025 Page 28 Financial Advisory Services B. SERVICES RELATED TO FINANCIAL PLANNING 1. Provide the City with comprehensive reviews of its capital structure to include continuous reviews of outstanding indebtedness (bonds, loans, and leases) and provide recommendations relative to the refinancing or early extinguishment of said obligations. 2. Assist the City in designing, implementing, and monitoring of the financing element of the capital improvements plan in connection with the City of Delray Beach Comprehensive Plan which was prepared in accordance with the Community Planning Act. These services include an overall evaluation of all financing sources presently available to the City, including internally generated funds, debt financing, leasing, federal or state grants, private sources, and various combinations of all those sources. 3. The financial advisor shall assist and/or prepare cash flow analyses for each of the various major capital improvements included in the Comprehensive Plan annually. 4. Prepare Comprehensive Financial Plans, as requested, including a debt capacity analysis, debt ratio study, alternatives and innovative financing options, identification of potential revenue sources and methods of financing permitted under Florida law. 5. Provide the City with Financial Advisory Services on any requested financial issue that the firm can provide expert advice on. 6. Provide the City with advice on proposed and actual changes regarding economic development policies, tax laws and financial market developments that could affect the City's financial structure and the impact of such policy on the financial market’s perception of the City. C. SERVICES RELATED TO FINANCIAL MARKETING 1. Provide assistance to the City in broadening the market for its debt. 2. Assist the City with consultations and presentations to rating agencies/credit enhancement providers to secure the most favorable and economical credit rating or to maintain an existing credit. C. SERVICES RELATED TO THE ISSUANCE OF DEBT 1. Develop plans of finance when requested for issuance of debt including identification of revenues available for security, recommended amortization schedule, cash flow analysis, aggregate principal amount of bonds to be issued, the timing of the offering, the definitive structure of the bond issue, and any optional redemption and call provisions. This study will include a review of alternative financing techniques, if applicable, a discussion of rating/credit enhancement issues, a recommendation of the method of sale, and solicitation of proposals for specific consulting services, as necessary. The Financial Advisors will not participate either directly or indirectly as City of Delray Beach RFP No. 2017-025 Page 29 Financial Advisory Services underwriters in the sale of the bonds, nor have any financial interest, directly or indirectly in such sale, except as to compensation paid hereunder by the City. 2. Review of reports to ensure that financial related assumptions are reasonable and that such reports adequately address technical, economic and financial concerns. 3. Prepare a timetable and distribution list for bond issues and assist the City in coordinating meetings and conference calls. 4. Provide advice and assistance, as needed, to the City, bond counsel, and disclosure counsel as to preparation of the necessary bond authorizing ordinance(s) and other proceedings including a Notice of Sale, if required. 5. Assist, as required, with validation of any bond issues through preparation of financial tables and exhibits and the preparation of testimony. 6. Assist the City in preparing its debt issuance for market whether the sale is made through a competitive or negotiated offering or any other type of sale. Through any method of sale, the financial advisor will assist the City’s Disclosure Counsel in the preparation of the preliminary and final official statement that conforms to current acceptable disclosure guideline standards. For competitively bid bond issues: i. 3.6.1 Assist the City in preparing the bid documents, including but not limited to the notice of sale. ii. 3.6.2 At the time of the sale, advise the City as to the best bid received, based upon the verification of bids, and recommend an award which, in the Financial Advisor's judgment is in the best interest of the City. iii. 3.6.3 Assist in bid protest procedures, as needed. For negotiated bond issues: i. 3.6.4 Assist in determining the optimal timing of the issue. ii. 3.6.5 Assist the City in preparing a Request for Proposal for Underwriting Services, if necessary. iii. 3.6.6 Assist the City in preparing presentations to underwriters in order to fully describe the bonds to be issued, when required. iv. 3.6.7 Participate in the evaluation of the proposals received with selected City personnel. v. 3.6.8 Participate in the "pricing call" and advise the City as to the reasonableness of the components of the underwriter's spread. For other means of bond procurement: As directed by the City. i. Provide for the solicitation of competitive proposals for printing the official statement, bid forms, and paying agent/registrar services. City of Delray Beach RFP No. 2017-025 Page 30 Financial Advisory Services ii. Assist the City in selecting trustees, paying agents and other financial intermediaries, as necessary, and assist in arranging for appropriate bond insurance as required. iii. Advise the City on the condition of the bond market prior to and at the time of the sale of the debt. This activity should address market volume, general economic conditions and competing offerings on a national and statewide basis. iv. Assist the City at the time of sale with the negotiation of the terms of the sale (fees, interest rates and interest rate yields, and redemption provisions) if such sale is negotiated or, if sold at competitive sale, review and verify all bids received by the City. The financial advisor shall also recommend to the City whether such negotiated or competitive proposals should be accepted or rejected for each bond issue and indicate whether the transaction terms are the most beneficial to the City for the type and timing of each transaction. v. Assist the City, as needed, with coordination and supervision of the many events related to the closing for the debt issuance. vi. In the area of short-term financing, provide the City with advice, guidance and assistance in bank loans, leasing, and commercial paper, upon request. vii. The Financial Advisors shall be available to the City to discuss and make recommendations on such other financial matters as requested by the City, and shall be available for formal presentations to the Mayor and Council, as necessary. City of Delray Beach RFP No. 2017-025 Page 31 Financial Advisory Services SECTION 4: FORMS AND INSTRUCTIONS D. AUTHORIZATION TO BIND PROPOSER Each proposal must be signed by a Person who is legally authorized to bind the Proposer to the proposal. Each proposal shall remain valid for at least one hundred and fifty (150) days after the Due Date. The Proposal Submittal Signature Page for Proposals submitted by a corporation must be executed in the corporate name by the CEO or President; by an LLC must be executed by a Member or Manager; by an LP must be executed by a General Partner; by a Partnership must be executed by a Partner and by an Individual must be executed by the Individual. His or her title must appear under his or her signature. If someone other than these authorized individuals execute the Proposal Submittal Signature Page, Proposer must provide documentation such as the company Articles of Organization or Operating Agreement that demonstrates the legal authority of the executor to sign on behalf of Proposer. E. PROPOSAL FORMAT Each proposal shall include all the requested information. Proposals shall be organized in chapters, as indicated in Table 2. All pages are to be consecutively numbered. If a form is provided and there is insufficient space for a response on the form, the response may be continued on a blank page immediately following the form. The additional pages shall be numbered the same as the form, with the addition of the letter “a”, “b”, “c”, etc. If a form is provided and additional copies of the form are needed, the form may be copied by the Proposer. The copied pages shall be numbered the same as the form, with the addition of the letter “a”, “b”, “c”, etc. Proposal responses to this RFP must be complete and unequivocal. In instances where a response is not required or a question is not applicable to the proposal, a response such as “no response required” or “not applicable” shall be provided. Table 2 - Proposal Format Chapter 1 Letter of Intent: Briefly state the Proposer’s understanding of the services to be rendered, and make a positive commitment to perform according to the requirements noted in this RFP but should not exceed two (2) pages. Proposal Submittal Signature Page Chapter 2 Proposer’s Statement of Organization (Section 2, Item 2) Chapter 3 Minimum Qualifications (Section 2, Item 3) Chapter 4 Public Entity Form, Drug Free Workplace Form, Conflict of Interest Form Chapter 5 Acknowledgement of Addenda Form City of Delray Beach RFP No. 2017-025 Page 32 Financial Advisory Services Chapter 6 Proposal Response Requirements (Section 2, Item 4) Chapter 7 Evidence of Insurance, Professional Licenses, and Certificates: Certificate of Insurance showing coverage, forms, limits. Actual insurance certificates will be required from recommended contractor, prior to award. Submit a copy of all Licenses, Certificates, Registrations, and Permits required to perform the work that Proposer and/or its staff possess. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2017-025 Page 33 Financial Advisory Services RESPONSE CHECKLIST A responsive Proposer means a Proposer that has submitted a proposal that conforms in all material respects to the requirements in the RFP. The CPO or designee will determine whether each Proposer correctly submitted all of the necessary forms and documents. The purpose of this checklist is to assist Proposers in completing their Proposals and submitting the required forms and information. Do not include checklist with your Proposal submittal. Letter of Transmittal Statement of Organization Section Proposal Requirements Minimum Qualifications Section A, Experience Section B, Capacity and Approach Section C, Location Section D, Fee Proposal Letter of Intent Proposal Submittal Signature Page Proposer’s Statement of Organization Public Entity Crimes Form Drug Free Workplace Form Conflict of Interest Form Acknowledgement of Addenda Form Agrees to Comply with all Specification Requirements Evidence of Insurance, Professional Licenses, and Certificates City of Delray Beach RFP No. 2017-025 Page 34 Financial Advisory Services Form A - Proposal Submittal Signature Page By signing this Proposal, the Proposer certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Identification Number: Acknowledged by: Firm Name Signature Date Printed Name and Title By signing this document, the Proposer agrees to all terms and conditions of this RFP which includes the Sample Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL. (Remainder of page intentionally left blank) City of Delray Beach RFP No. 2017-025 Page 35 Financial Advisory Services Form A - Signature Authority Indicate below Proposer’s type of organization and provide the required documentation as applicable to demonstrate that the executor of Proposer’s Proposal is duly authorized to execute on behalf of, and as the official act of, Proposer. Select Type of Organization Officer Who Signed Proposal Submittal Signature Page Required Authorizing Documentation Corporation President, Vice President, or Chief Executive Officer None Corporation Director, Manager, or other title Corporate resolution Limited Liability Company (LLC) – Member-Managed Member Articles of Organization or Operating Agreement Limited Liability Company (LLC) – Manager-Managed Manager Articles of Organization or Operating Agreement Limited Partnership General Partner Document demonstrating the legal authority to bind the Limited Partnership Partnership Partner None CEO, Director, Manager or other title Authorizing documentation Individual Individual None Documentation is not required. The required authorizing documentation is included with Proposal. City of Delray Beach RFP No. 2017-025 Page 36 Financial Advisory Services Form B - Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-Proposer, 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 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFP No. 2017-025 Page 37 Financial Advisory Services Form C - Drug-Free Workplace In the event a tie exists at the conclusion of evaluations, preference will be given to the supplier(s) who certifies it has a drug-free workplace program in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: TIE: Whenever two or more proposals are equal with respect to scoring for the evaluation criteria (e.g., price, experience, quality, service) are received for the procurement of commodities or contractual services, a proposal received from a supplier that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing a tie will be followed if none of the tied suppliers have submitted this Form C and/or have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFP No. 2017-025 Page 38 Financial Advisory Services Form D - Conflict of Interest Disclosure The award of the agreement is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal, the name of any officer, director, or agent who is also an employee or relative of an employee of the City of Delray Beach. Furthermore, all Proposers must disclose the name of any City employee or relative(s) of a City employee who owns, directly or indirectly, an interest in the Proposers firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this contract. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this RFP. Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFP No. 2017-025 Page 39 Financial Advisory Services Form E - Acknowledgment of Addenda The Proposer hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP. It is the sole responsibility of the Proposer to ensure that all addenda have been received and receipt of each has been acknowledged. Failure to submit acknowledgement of each addendum issued may result in the Proposer being deemed non-responsive. ADDENDA NUMBER ADDENDA DATE Signature of Proposer’s Agent Title Printed Name Date City of Delray Beach RFP No. 2017-025 Page 40 Financial Advisory Services Sample Agreement AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND ____________________ FOR ____________________________________________ This is an Agreement ("Agreement"), made and entered into by and between: Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as "City," and ________________________________, a Florida corporation, hereinafter referred to as "Second Party," (collectively referred to as the "Parties"). WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 9, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or the Director of the Delray Beach __________ Division. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Second Party and to manage and supervise execution and completion of the Scope of Services and City of Delray Beach RFP No. 2017-025 Page 41 Financial Advisory Services the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of City appointed by the Board. 1.5 City Attorney - The chief legal counsel for City appointed by the Board. 1.6 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 Second Party shall perform all work identified in this Agreement and Exhibit "A". The Scope of Services is a description of Second Party’s obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Second Party impractical, illogical, or unconscionable. 2.2 Second Party acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 This contract is in full force and effect upon full contract execution by the City of Delray Beach. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.3 In the event services are scheduled to end due to the expiration of this Agreement, the Second Party agrees that it shall continue service upon written request by the City. The Second Party shall be compensated for the service at the rate in effect when the extension is invoked by the C ity upon the same terms and conditions as contained in this Agreement as amended. The Chief Purchasing Officer shall notify Second Party of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. ARTICLE 4 COMPENSATION City of Delray Beach RFP No. 2017-025 Page 42 Financial Advisory Services 4.1 City will pay Second Party, the fees and payment terms as set forth in Exhibit D, Fees and Payments, which is attached hereto and made a part hereof. ARTICLE 5 INDEMNIFICATION Second Party shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Second Party, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Second Party shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Second Party under this Agreement may be retained by City until all of City’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. ARTICLE 6 INSURANCE 6.1 Second Party shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit "C" in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A -. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. Second Party shall name City as an additional insured under the primary and non-contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is City of Delray Beach, Florida. This official title shall be used in all insurance documentation. City of Delray Beach RFP No. 2017-025 Page 43 Financial Advisory Services 6.3 Within fifteen (15) days of notification of award, Second Party shall provide to City proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the City determines all performance required of Second Party is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit "C." City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. 6.5 If Second Party uses a subconsultant or subcontractor, Second Party shall ensure that each subconsultant or subcontractor names "City of Delray Beach, Florida" as an additional insured under the subconsultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Second Party’s repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may City of Delray Beach RFP No. 2017-025 Page 44 Financial Advisory Services also be terminated for cause if the Second Party is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Second Party provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the “NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience, Second Party shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Second Party acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Second Party, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Second Party shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, politica l affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Second Party to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Second Party shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as C ity deems appropriate. City of Delray Beach RFP No. 2017-025 Page 45 Financial Advisory Services Second Party shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Second Party shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Second Party shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Second Party represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Second Party all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Second Party grants to City a non- exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Second Party, whether finished or unfinished, shall become the property of City and shall be delivered by Second Party to the Contract Administrator within eight (8) days of termination of this Agreement by either party. Any compensation due to Second Party shall be withheld until all documents are received as provided herein. 9.2 PUBLIC RECORDS 9.2.1 IF THE SECOND PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SECOND PARTY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY City of Delray Beach RFP No. 2017-025 Page 46 Financial Advisory Services CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK MAY BE REACH VIA TELEPHONE AT 561-243-7060 OR BY EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. 9.2.2 Second Party shall comply with public records laws, specifically to: i. Keep and maintain public records required by the City to perform the service. ii. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Second Party does not transfer the records to the City. iv. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Second Party or keep and maintain public records required by the City to perform the service. If the Second Party transfers all public records to the City upon completion of the Agreement, the Second Party shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Second Party keeps and maintains public records upon completion of the Agreement, the Second Party shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. If the Second Party does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.3 INSPECTOR GENERAL. Second Party is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Second Party and its sub licensees and lower tier sub licensees. Second City of Delray Beach RFP No. 2017-025 Page 47 Financial Advisory Services Party understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Second Party or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Second Party and its subcontractors that are related to this Project. Second Party and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Second Party and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Second Party and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Second Party shall ensure that the requirements of this Section 9.3 are included in all agreements with its subcontractor(s). 9.5 TRUTH-IN-NEGOTIATION REPRESENTATION Second Party's compensation under this Agreement is based upon representations supplied to City by Second Party, and Second Party certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Second Party represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially City of Delray Beach RFP No. 2017-025 Page 48 Financial Advisory Services provides that a person or affiliate who is a contractor, consultant, or other provider and 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 City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Second Party further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a “public entity crime” and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Second Party has been placed on the convicted vendor list. 9.7 INDEPENDENT CONTRACTOR Second Party is an independent contractor under this Agreement. Services provided by Second Party pursuant to this Agreement shall be subject to the supervision of Second Party. In providing such services, neither Second Party nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Second Party or Second Party’s agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Second Party nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the City of Delray Beach RFP No. 2017-025 Page 49 Financial Advisory Services place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City Manager City Hall 100 N.W. 1st Avenue Delray Beach, Florida 33444 For Second Party: ________________________ ________________________ ________________________ 9.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Second Party shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Second Party of this Agreement or any right or interest herein without City's written consent. Second Party represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Second Party shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Second Party's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 9.11 CONFLICTS City of Delray Beach RFP No. 2017-025 Page 50 Financial Advisory Services Neither Second Party nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Second Party’s loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Second Party’s officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Second Party is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Second Party or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Second Party is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Second Party shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Second Party. 9.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Second Party shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining p rovisions shall continue to be effective unless City or Second Party elects to terminate this Agreement. An election to City of Delray Beach RFP No. 2017-025 Page 51 Financial Advisory Services terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 9.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall incl ude the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence , paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Sectio n, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 9.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contain ed in Articles 1 through 9 shall prevail and be given effect. 9.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other City of Delray Beach RFP No. 2017-025 Page 52 Financial Advisory Services jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, SECOND PARTY AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Second Party or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreemen t, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 PAYABLE INTEREST 9.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Second Party waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 9.21.2 Rate of Interest. In any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, City of Delray Beach RFP No. 2017-025 Page 53 Financial Advisory Services whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 9.22 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. All Exhibits are incorporated into and made a part of this Agreement. 9.23 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 9.25 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. ARTICLE 11 ORDER OF PRECEDENCE The documents listed below are a part of this Agreement and are hereby incorporated by reference. In the event of inconsistency between the documents, unless otherwise provided herein, the terms of the following documents will govern in the following order of precedence: A. Terms and conditions as contained in this Agreement; B. RFP No. <insert>, <insert title>, dated <date>, and all its addenda; C. Second Party’s response to RFP No. <insert>, <insert title>, and any subsequent information submitted by Second Party during the evaluation and negotiation process. (The remainder of this page is intentionally left blank.) City of Delray Beach RFP No. 2017-025 Page 54 Financial Advisory Services IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the _____ day of _________________, 20__, and Second Party, signing by and through its _________________________, duly authorized to execute same. ATTEST: CITY OF DELRAY BEACH, FLORIDA _______________________________ City Clerk By____________________________ Cary D. Glickstein, Mayor ____ day of ______________, 20___. APPROVED AS TO FORM: _______________________________ R. Max Lohman, City Attorney City of Delray Beach RFP No. 2017-025 Page 55 Financial Advisory Services AGREEMENT BETWEEN DELRAY BEACH, FLORIDA AND ________________________________________________ SECOND PARTY By______________________________ WITNESS: (Signature) ______________________________ ____________________________ (Printed name, Title) (Signature) ____ day of ______________, 20___ ____________________________ (Printed name) WITNESS: ____________________________ (Signature) ____________________________ (Printed name) (SEAL) City of Delray Beach RFP No. 2017-025 Page 56 Financial Advisory Services EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution] City of Delray Beach RFP No. 2017-025 Page 57 Financial Advisory Services EXHIBIT B CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS RFP/RLI/Bid/Contract No. _______________ Project Title ______________________ ________________________________ The undersigned CONTRACTOR hereby swears under penalty of perjury that: 1. CONTRACTOR has paid all subcontractors and suppliers all undisputed contract obligations for labor, services, or materials provided on this project in accordance with Section 4.2.3 of the Agreement, except as provided in paragraph 2 below. 2. The following subcontractors and suppliers have not been paid because of disputed contractual obligations; a copy of the notification sent to each, explaining in reasonably specific detail the good cause why payment has not been made, is attached to this form: Subcontractor or Supplier's name Date of disputed Amount in and address invoice dispute 3. The undersigned is authorized to execute this Certification on behalf of CONTRACTOR. Dated _____________, 20___ _________________________________ Contractor By_______________________________ (Signature) By________________________________ (Name and Title) City of Delray Beach RFP No. 2017-025 Page 58 Financial Advisory Services CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS (Continued) STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this ________ day of __________________, 20__, by ______________________________________ who is personally known to me or who has produced ______________________ as identification and who did/did not take an oath. WITNESS my hand and official seal, this ______ day of ___________, 20__. (NOTARY SEAL) ________________________________ (Signature of person taking acknowledgment) ________________________________ (Name of officer taking acknowledgment) typed, printed, or stamped ________________________________ (Title or rank) ________________________________ My commission expires: (Serial number, if any) City of Delray Beach RFP No. 2017-025 Page 59 Financial Advisory Services EXHIBIT C INSURANCE REQUIREMENTS Second Party shall carry the following minimum types of insurance: G. Workers’ Compensation Insurance: with the statutory limits. H. Employers’ Liability insurance: with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. I. Comprehensive General Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The Comprehensive General Liability insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and Contractual Exclusions removed. J. Automobile Liability Insurance: with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. K. Errors and Omissions Insurance: with limits of not less than five million dollars ($5,000,000). L. Commercial Crime Liability Insurance: with limits of not less than five million dollars ($5,000,000). All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A-VIII or better. All insurance policies shall name the City of Delray Beach as an additional insured. The Successful Proposer agrees to notify the City within (5) business days of coverage cancellation, lapse or material modificat ion. All renewal or replacement certificates of insurance shall be forwarded to the Purchasing Department located at 100 N.W. 1st Ave., Delray Beach, FL 33444. City of Delray Beach RFP No. 2017-025 Page 60 Financial Advisory Services EXHIBIT D FEES AND PAYMENTS [Will be inserted prior to execution] City of Delray Beach Final Ranking Form RFP No. 2017-025 Strengths Weaknesses 39.0 32.0 38.0 36.3 38.0 37.0 37.0 37.3 36.0 29.0 34.0 33.0 Mc A d e n Su g a r m a n Experience 40 Points He n r y Firm has a lot of experience with several taxing districts. Sc o r e Financial Advisor Services Eval Criteria 1 FirstSouthwest PFM Firm did not present much on CIP approach. Background in designing, implementing and monitoring of financing element of the capital improvements plan not presented. The percentage of time allocated to the City not indicated in submittal. Experience related to debt not presented by firm. The account manager that will be assigned to the City has 23 years experience. Firm presented a range of cities that had similar issues that effect DB. The firm did not indicate workload and current percentage of time allocated to the City. Firm shared few details on borrowing or bank lending. Firm did not provide information on how they would approach debt ration study, alternatives nor innovative financing options. Firm did not provide any awards, certifications, or other related recognition. Very little indicated for a CIP program in proposal. Firm did not share the current workload as requested in the proposal. The proposal seemed like it was a cut and paste document, not specific to DB and very generic. RBC RFP 2017-025 Financial Advisor Services City of Delray Beach Final Ranking Form Strengths Weaknesses 29.0 18.0 18.0 21.7 28.0 29.0 25.8 27.6 26.0 20.0 17.8 21.3 Sc o r e Firm did not share the outline of three innovative financing techniques. Firm did not give a clear intention of what is desired of City staff regarding services. Implementation plan not included in proposal. Narrative on goals firm would like to achieve was not presented in proposal. The proposal gave details of the Cities current rating and ways to improve the rating. The firm offered an added approach to identify existing revenue stream. The firm shared example of another municipality similar in size with no property tax and how the use of innovative financing techniques created success. Firm desires to be a long term strategic partner of the City. Firm use of staff time not clear in proposal. Firms strategy seems to rely on the 0.01 sales tax. The information proposed was short and always went back to information that was previously shared. Eval Criteria 2 He n r y Mc A d e n Su g a r m a n Capacity & Approach 30 Points Case studies presented gave great detail of what has been done in the past. The firm rated the complexity of the City financing in the proposal. The firm clearly presented information requested in the proposal regarding infrastructure and the current sale tax. Firm presented a seven phase plan to meet the requirements of the scope of services. Firm presented tax values for the City. Firm considers green bonds an innovative financing technique. The proposal did not share various financing options. Firm did not present implementation plan as requested. Proposal lacked research on the City, information presented is generic. Firm did not give estimate of time required by City staff. Proposal did not share goals the firm wanted to achieve. RBC FirstSouthwest PFM RFP 2017-025 Financial Advisor Services City of Delray Beach Final Ranking Form Strengths Weaknesses 14.4 14.4 14.4 14.4 14.4 14.4 14.0 14.3 11.4 11.4 13.2 12.0 11.4 11.4 13.0 11.9 13.2 13.2 13.2 13.2 13.2 13.2 15.0 13.8 Strengths Weaknesses FirstSouthwest 0.0 Interviews were not conducted PFM 0.0 Interviews were not conducted RBC 0.0 Interviews were not conducted Strengths Weaknesses FirstSouthwest 0.0 Does Not Qualify PFM 0.0 Does Not Qualify RBC 0.0 Does Not Qualify Eval Criteria 5 0. 0 0 0 Sc o r e Location (Certified Local Business) 5 Points Sc o r e Interviews (If Conducted) 10 Points Sc o r e Su g a r m a n Mc A d e n Eval Criteria 3 Fee Proposal 15 Points He n r y Lowest bond transaction feesFirstSouthwest Eval Criteria 4 0. 0 0 0 Highest hourly fees for 'Other Services' PFM RBC RFP 2017-025 Financial Advisor Services City of Delray Beach Final Ranking Form Ranking Fi n a l R a n k i n g T o t a l FirstSouthwest 72.3 PFM 76.9 RBC 68.1 Signature: ____________________________________________________________ Buyer Name: Ja'Anal Dowdell 14-Mar-17 RFP 2017-025 Financial Advisor Services Advice for people transforming their world Expertise + Insight = Ingenuity We are avid problem-solvers, using our collective expertise to deliver the best solutions. We mine the experience of our colleagues, combining wisdom and agile thinking to develop answers and execute strategies for our clients. pfm.com      1  PFM Financial   Advisors LLC  300 S Orange Avenue  Suite 1170  Orlando, FL 32801  407‐648‐2208  www.pfm.com February 21, 2017  City of Delray Beach Proposal for Financial Advisory Services  RFP Number 2017‐025    Table of Contents Chapter 1. Letter of Intent  I. Technical Proposal ............................................................................................................ 5  Chapter 2. Proposers’ Statement of Organization ............................................................ 5  Chapter 3. Minimum Qualifications/Proposal Response Requirements ............................ 9  Chapter 4. Public Entity Form, Drug Free Workplace Form, Conflict of Interest Form ..... 45  Chapter 5. Acknowledgement of Addenda Form ............................................................ 46  Chapter 6. Proposal Response Requirements (Section 2, item 4) ..................................... 47  Chapter 7. Evidence of Insurance, Professional Licenses, and Certificates ...................... 49  COPY     2 Purchasing Department  City of Delray Beach  100 N.W. 1stAvenue  Delray Beach, Florida 33444  Chapter 1. Letter of Intent  Dear Client:  PFM Financial Advisors LLC (“PFM”) is pleased to submit our proposal to continue serving  the City of Delray Beach (the “City”) as the City’s financial advisor.  PFM’s roots go back over  40 years. From the outset, PFM has strived to be a financial advisor that is very different  from our competitors; an independent financial advisory firm with technical resources  matching those of the most sophisticated Wall Street investment banks. Local governments  around the nation have responded to the focus, resulting in PFM being the financial advisor  Thomson Reuters ranks #1 in the nation as well as the State of Florida in terms of overall  issues and par amount as of 12/31/2016.  PFM’s independence is significant, but it is just the  beginning of our qualifications. We believe PFM is the City’s best choice to continue serving  as its financial advisor because of the unique qualifications of both our firm and project  team, allowing us to provide the City with the highest level of service in the industry.  Several of PFM’s key attributes whereby we seek to add value to clients are included below  for the City’s consideration:  • Scope of Services: PFM provides decades of traditional financial advisory experience  along with a broad range of complementary services including: bond pricing; long term  capital planning; public/private partnerships and strategic consulting assistance with  budgeting, workforce management, and pension issues (provided by PFM Group Consulting  LLC). In addition, as part of the PFM Group of companies, our asset management affiliate,  PFM Asset Management LLC (“PFMAM”), is able to contribute expertise on investment  management, escrow structuring, arbitrage rebate, and structured products.1                                                                               1 PFM, PFMAM, and PFM Group Consulting LLC services are offered pursuant to this RFP, but would be delivered under separate agreements.       3  •  A Leading Advisor to Florida Cities Combined with Sector Expertise: PFM  currently (as of January 1, 2017) serves as financial advisor to over 100 Florida  municipalities, including: Boca Raton, Boynton Beach, Clermont, Coral Gables, Coral  Springs, Daytona Beach, Gainesville, Jacksonville, Leesburg, Marco Island, Melbourne,  Miami, Miami Gardens, Orlando, Ormond Beach, Palm Beach Gardens, Panama City  Beach, Plantation, Pompano Beach, Riviera Beach, St. Petersburg, Stuart, Surfside,  Tallahassee, Town of Palm Beach, West Palm Beach and Winter Park.  We have in‐depth  knowledge of the issues facing local governments in today’s economy through our work  with these entities on a day‐to‐day basis. PFM is an industry leader in areas of specific  relevance to the City of Delray Beach.  PFM offers a full‐spectrum of services on the issues  the City is currently facing or may consider as future priorities.  •  Innovative Team Approach: We believe advising the public sector carries with it a  sacred trust, and our 40+ year reputation is built upon our recommendations and ideas.  PFM goes beyond traditional transaction management to incorporate our professionals’  expertise with long‐term financial planning, sophisticated model development, credit  rating enhancement strategies, and pricing analysis to advice on the City’s unique financial  considerations, as well as reduce financing costs and risks in ever‐changing markets. PFM’s  team is led by Managing Director James “Jay” Glover who has been among the most active  public finance professionals in Florida during the last 16 years. The City also will have  access to specialists in PFM’s Pricing Group, Environmental Finance Group, as well as  PFMAM’s Investment Management and Structured Products Groups, as needed.  •  Municipal Advisor Regulation under the Dodd‐Frank Act: Unlike investment  banking firms that serve as both underwriter and financial advisor, PFM serves exclusively  as a financial advisor and has a fiduciary relationship with our clients, avoiding potential  conflicts of interest.  Your PFM contacts have successfully obtained their MSRB Series 50  license and are registered Municipal Advisors.  Additionally, PFM maintains a compliance  program to monitor activities within the requirements as set forth under SEC and MSRB  regulation to serve as the City’s Municipal Advisor.         5 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  I. Technical Proposal  Chapter 2. Proposers’ Statement of Organization Provide information on Proposer as follows: A. Legal contracting name including any dba. PFM Financial Advisors LLC  B. State of organization or incorporation. Delaware  C. Ownership structure of Proposer’s company. (e.g., Sole Proprietorship, Partnership, Limited Liability Corporation, Corporation) Limited Liability Corporation  D. Federal Identification Number. 81‐1642787  E. Contact information for Proposer’s Corporate headquarters. Address City, State, Zip Phone 1735 Market Street, 43rd Floor  Philadelphia, PA 19103  215‐567‐6100  F. Contact information for Proposer’s Local office (if any). Address City, State, Zip Phone James Glover, Managing Director  300 South Orange Avenue, Suite 1170  Orlando, Florida 32801        6 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  407‐406‐5760  G. List of officers, owners and/or partners, or managers of the firm. Include names, business addresses, email addresses, and phone numbers. John Bonow, President/CEO  bonowj@pfm.com/ 215‐567‐6100  Steve Boyle, Secretary & Treasurer  boyles@pfm.com/ 215‐567‐6100  1735 Market Street, 43rd Floor  Philadelphia, PA 19103  H. Any additional organizational information that Proposer wishes to supply to augment its organizational structure. The holding company for The PFM Group of companies is owned by the firm’s 91 Managing Directors, who set the  firm’s strategic direction. Individual partners are responsible for specific practice areas and also personally manage  specific client engagements.  James Glover, engagement manager for the City’s relationship, is one of the firm’s 91  Managing Directors.  Below is an organizational chart for PFM I, LLC.  Financial advisory services related to this  RFP will be provided by PFM Financial Advisors LLC.                              7 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  I. Contact information for Proposer’s Primary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip James Glover, Managing Director  407‐406‐5760/ gloverj@pfm.com  300 South Orange Avenue, Suite 1170  Orlando, Florida 32801  J. Contact information for Proposer’s Secondary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip David Moore, Managing Director  407‐406‐5751/ moored@pfm.com   300 South Orange Avenue, Suite 1170  Orlando, Florida 32801    K. Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested financial advisory services in which Proposer is a part to. Disclose any circumstance where the conduct of the Proposer is being investigated or has had an adverse determination by any legal or administrative body. PFM knows of no existing or potential conflicts that may affect our engagement with the City in any manner or  degree.  In fact, MSRB Rule G‐42 requires that municipal advisors make written disclosures to clients of all material  conflicts of interest and certain legal or disciplinary events.  Such disclosures are provided in PFM’s Disclosure  Statement delivered to each client upon engagement.   There is no pending or current litigation against the firm relating to the performance of the requested financial  advisory services.        8 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  There are no circumstance where the conduct of the firm is being investigated or has had an adverse  determination by any legal or administrative body.  L. Provide details of any ownership changes to Proposer’s organization in the past three years or changes anticipated within six months of the Due Date and Time (e.g., mergers, acquisitions, changes in executive leadership). In April 2016, our firm’s corporate structure was reorganized so that municipal advisory services could be  delineated clearly from other financial consulting services — both of which had been provided through Public  Financial Management, Inc. Given the regulation of municipal advisory activities, financial advisory services are  offered through PFM Financial Advisors LLC (“PFMFA”), which commenced operations on June 1, 2016. Our  financial advisory relationships are in the process of transferring from PFM, Inc. to PFMFA — which now are  referred to collectively as PFM — while other financial consulting services are offered through PFM Group  Consulting LLC and PFM Solutions LLC. PFM, Inc. will provide administrative services in support of the firm’s  operating companies. PFM I, LLC is the holding company for all of the affiliates described above and is owned by  its Managing Directors (see organization chart on page 6).  In September 2016, PFM Financial Advisors LLC purchased Western Financial Group, LLC (WFG), an independent  financial advisory firm based out of Oregon. Western Financial Group, LLC is a subsidiary of PFM Financial Advisors  LLC.             9 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  Chapter 3. Minimum Qualifications/Proposal Response Requirements  Each proposer shall submit information and documentation requested that confirms it meets the following qualification requirement(s): i. Must be registered with the States of Florida, Division of corporations to do business in Florida. No documentation is required. The City will verify registration. PFM Financial Advisors LLC is a Pennsylvania corporation.  PFM is licensed to do business in the State of Florida.    As required by the Dodd‐Frank Wall Street Reform and Consumer Protection Act (“Dodd‐Frank”), PFM is  registered as a Municipal Advisor under regulations issued by the Securities Exchange Commission (“SEC”) and the  Municipal Securities Rulemaking Board (“MSRB”).  PFM Financial Advisors LLC   Securities and Exchange Commission  SEC File No: 867‐02030  Municipal Securities Rulemaking Board   PFM’s MSRB ID Number: K1162  Registration Type: Municipal Advisor           10 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  A. Experience i. Submit a detailed narrative description documenting Proposer’s overall background and experience to include, but not limited to, the following: a. Provide experience with similar financial advisory services in Florida and with other municipalities of similar size and characteristics of the City in relation to the scope of services being requested. As demonstrated throughout this proposal as well as through our ongoing relationship with the City, PFM  possesses unmatched expertise in providing services to meet all of the financial needs of our clients.  PFM’s  approach has resulted in the firm continuing to add new clients while maintaining existing clients, as shown in the  table below, which provides a representative listing of our current Florida clients (as of February 1, 2017), with cities  highlighted in the red box:        Note: The list of clients does not necessarily represent any testimonial.          11 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  As the preeminent financial advisor in the State, we are very proud of our long history serving clients in the South  Florida region.  Please see the map below detailing the different cities, counties, and other issuers we service in the  South Florida market.  We serve more clients in this region than any other firm, and as such believe we are well  positioned to continue serving the City of Delray Beach.                12   Ci t y o f D e l r a y B e a c h  Pr o p o s a l f o r F i n a n c i a l A d v i s o r S e r v i c e s | R F P # 2 0 1 7 - 0 2 5   Pr o v i d e d  be l o w  is  a  sa m p l e  li s t i n g  of  25  tr a n s a c t i o n s  th a t  PF M  ha s  se r v e d  as  fi n a n c i a l  ad v i s o r  on  in  th e  St a t e  of  Fl o r i d a  si n c e  th e  start  of  2016.   As  yo u  ca n  se e ,  PF M  ha s  si g n i f i c a n t  ex p e r i e n c e  wo r k i n g  wi t h  mu n i c i p a l i t i e s  of  al l  si z e s  an d  im p l e m e n t i n g  fi n a n c i n g s  wi t h  a  va r i e t y  of  security   st r u c t u r e s  fo r  bo t h  ne w  mo n e y  an d  re f u n d i n g  ne e d s .              Is s u e r  Na m e Is s u e r   St a t e S e r i e s  Na m e Is s u e  Pa r   Am o u n t S a l e  Da t e S a l e  Me t h o d New  Money  /Refunding T a x  Status Mi r a m a r ,  Ci t y  of   Fl o r i d a S p e c i a l  Ob l i g a t i o n  Re v e n u e  No t e ,  Se r i e s  20 1 7 1 0 , 0 0 0 , 0 0 0 0 2 / 0 1 / 2 0 1 7 C o m p e t i t i v e N e w  Money T a x  Exempt Wi n t e r  Ha v e n ,  Ci t y  of F l o r i d a N o n  Ad  Va l o r e m  Re f u n d i n g  Bo n d ,  Se r i e s  20 1 6 A 1 3 , 0 0 5 , 0 0 0 1 2 / 1 5 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt Ma r c o  Is l a n d ,  Ci t y  of F l o r i d a U t i l i t y  Sy s t e m  Re f u n d i n g  Re v e n u e  Bo n d s ,  Se r i e s  20 1 6 3 8 , 5 2 0 , 0 0 0 1 1 / 0 3 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt St .  Pe t e r s b u r g ,  Ci t y  of F l o r i d a P u b l i c  Ut i l i t y  Re v e n u e  Bo n d s ,  Se r i e s  20 1 6 C 4 5 , 1 1 5 , 0 0 0 1 0 / 2 6 / 2 0 1 6 C o m p e t i t i v e N e w  Money T a x  Exempt St .  Pe t e r s b u r g ,  Ci t y  of F l o r i d a P u b l i c  Ut i l i t y  Re v e n u e  Re f u n d i n g  Bo n d s ,  Se r i e s  20 1 6 B 5 3 , 0 2 5 , 0 0 0 1 0 / 0 4 / 2 0 1 6 C o m p e t i t i v e R e f u n d i n g T a x  Exempt Wi n t e r  Sp r i n g s ,  Ci t y  of F l o r i d a W a t e r  an d  Se w e r  Sy s t e m  Re v e n u e  Re f u n d i n g  No t e ,  Se r i e s  20 1 6 6 , 4 9 7 , 0 0 0 0 9 / 3 0 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt Ci t y  of  Ri v i e r a  Be a c h F l o r i d a W a t e r  an d  Se w e r  Re v e n u e  Bo n d s ,  Se r i e s  20 1 6 3 3 , 2 0 5 , 0 0 0 0 9 / 1 3 / 2 0 1 6 N e g o t i a t e d N e w  Money T a x  Exempt To w n  of  Pa l m  Be a c h F l o r i d a P u b l i c  Im p r o v e m e n t  Re v e n u e  Re f u n d i n g  Bo n d s ,  Se r i e s  20 1 6 A 4 9 , 5 7 5 , 0 0 0 0 8 / 2 5 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt Or l a n d o ,  Ci t y  of F l o r i d a S t a t e  Sa l e s  Ta x  Pa y m e n t s  Re f u n d i n g  an d  Im p r o v e m e n t  Re v e n u e  Bo n d s ,  Se r i e s  20 1 6 2 8 , 0 9 0 , 0 0 0 0 8 / 2 4 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt Co r a l  Sp r i n g s ,  Ci t y  of   Fl o r i d a S p e c i a l  Ob l i g a t i o n  Bo n d s ,  Se r i e s  20 1 6 A 1 8 , 4 6 0 , 0 0 0 0 8 / 2 3 / 2 0 1 6 C o m p e t i t i v e N e w  Money T a x  Exempt St .  Pe t e r s b u r g ,  Ci t y  of F l o r i d a P u b l i c  Ut i l i t y  Re f u n d i n g  Re v e n u e  Bo n d ,  Se r i e s  20 1 6 A 4 9 , 7 5 5 , 0 0 0 0 8 / 1 6 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt Ja c k s o n v i l l e ,  Ci t y  of F l o r i d a S p e c i a l  Re v e n u e  Bo n d s ,  Se r i e s  20 1 6 A 9 2 , 2 1 5 , 0 0 0 0 8 / 1 0 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt Wi n t e r  Ga r d e n ,  Ci t y  of F l o r i d a S a l e s  Ta x  Re f u n d i n g  Re v e n u e  Bo n d ,  Se r i e s  20 1 6 B 1 9 , 7 5 2 , 0 0 0 0 8 / 0 8 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt We s t  Pa l m  Be a c h ,  Ci t y  of F l o r i d a W a s t e w a t e r  Tr e a t m e n t  Fa c i l i t i e s  Re v e n u e  Bo n d s ,  se r i e s  20 1 6 1 1 , 1 3 0 , 0 0 0 0 7 / 2 9 / 2 0 1 6 N e g o t i a t e d N e w  Money T a x  Exempt St .  Au g u s t i n e ,  Ci t y  of   Fl o r i d a W a t e r  an d  Se w e r  Re v e n u e  Re f u n d i n g  Bo n d ,  Se r i e s  20 1 6 4 , 3 2 0 , 0 0 0 0 7 / 1 5 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt Ha l l a n d a l e  Be a c h ,  Ci t y  of   Fl o r i d a C a p i t a l  Im p r o v e m e n t  Re f u n d i n g  Re v e n u e  Bo n d s ,  Se r i e s  20 1 6 2 1 , 7 2 0 , 0 0 0 0 6 / 2 9 / 2 0 1 6 C o m p e t i t i v e N e w  Money T a x  Exempt Ha l l a n d a l e  Be a c h ,  Ci t y  of   Fl o r i d a G e n e r a l  Ob l i g a t i o n  Bo n d s ,  Se r i e s  20 1 6 5 7 , 5 0 0 , 0 0 0 0 6 / 2 1 / 2 0 1 6 C o m p e t i t i v e N e w  Money T a x  Exempt Ma r g a t e ,  Ci t y  of   Fl o r i d a G e n e r a l  Ob l i g a t i o n  Re f u n d i n g  Bo n d s ,  Se r i e s  20 1 6 1 8 , 9 5 0 , 0 0 0 0 6 / 0 7 / 2 0 1 6 C o m p e t i t i v e R e f u n d i n g T a x  Exempt We s t  Pa l m  Be a c h ,  Ci t y  of F l o r i d a S p e c i a l  Ob l i g a t i o n  Bo n d s  (P o l i c e  Pe n s i o n  Fu n d i n g  Pr o j e c t ) ,  Ta x a b l e  Se r i e s  20 1 6 A 1 2 0 , 1 8 5 , 0 0 0 0 6 / 0 7 / 2 0 1 6 N e g o t i a t e d N e w  Money T a x a b l e Me l b o u r n e ,  Ci t y  of F l o r i d a W a t e r  an d  Se w e r  Re f u n d i n g  Re v e n u e  Bo n d s ,  Se r i e s  20 1 6 B 1 4 , 4 6 5 , 0 0 0 0 6 / 0 7 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt Le e s b u r g ,  Ci t y  of   Fl o r i d a U t i l i t y  Sy s t e m  Re f u n d i n g  Re v e n u e  Bo n d s ,  Se r i e s  20 1 6 1 8 , 1 1 5 , 0 0 0 0 5 / 1 7 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt Pa n a m a  Ci t y  Be a c h ,  Ci t y  of F l o r i d a U t i l i t y  Re v e n u e  Re f u n d i n g  Bo n d ,  Se r i e s  20 1 6 2 4 , 2 4 0 , 0 0 0 0 4 / 1 5 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt Wi n t e r  Pa r k ,  Ci t y  of F l o r i d a E l e c t r i c  Re f u n d i n g  Re v e n u e  Bo n d s ,  Se r i e s  20 1 6 1 8 , 2 6 0 , 0 0 0 0 4 / 1 2 / 2 0 1 6 C o m p e t i t i v e R e f u n d i n g T a x  Exempt Ga i n e s v i l l e ,  Ci t y  of F l o r i d a R e f u n d i n g  Re v e n u e  No t e ,  Se r i e s  20 1 6 A 1 8 , 6 0 0 , 0 0 0 0 4 / 0 8 / 2 0 1 6 N e g o t i a t e d R e f u n d i n g T a x  Exempt Al a c h u a ,  Ci t y  of F l o r i d a C a p i t a l  Im p r o v e m e n t  Re v e n u e  an d  Re v e n u e  Re f u n d i n g  Bo n d s ,  Se r i e s  20 1 6 1 6 , 5 4 5 , 0 0 0 0 3 / 2 9 / 2 0 1 6 C o m p e t i t i v e N e w  Money T a x  Exempt        13 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  b. Briefly describe the range of activities performed by the office doing the required services. As client’s needs have evolved and expanded, the PFM Group developed a wide range of expertise to assist clients.   As a result of the Dodd‐Frank legislation, there are now multiple affiliates under the PFM Group.  Each was created  to provide the proper regulatory and operating structure.  The core financial advisory services will be provided by  PFM Financial Advisors LLC out of the Orlando office and will consist of bond or loan‐transaction management,  debt‐portfolio optimization, capital planning, revenue forecasting and evaluation, debt and financial policy  development, among other services.  At the same time, the City has access to the aspects of PFM that assist with  asset management, management and budget consulting, arbitrage rebate, and other related options.  Each of  these entities was created in an effort to offer clients services needed to address opportunities and challenges of  the 21st century.  Provided below is a breakdown of all services provided by the PFM Group of companies.             14 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  c. Awards, certifications, or other related recognition. PFM’s national reputation and consistent growth are evident in our ranking as the nation’s top financial advisor in  terms of number of transactions and par amount for 19 straight years (source: Thomson Reuters).  Many firms will  claim to be the top‐ranked advisor, our objective is to provide the City with factual data from industry standard  databases such as Thomson Reuters.  Additionally, to avoid any doubt, we have also included the recent article  from The Bond Buyer (municipal industry standard publication) that further cements the fact.    We recognize that rankings on their own are only statistics, and as such very much encourage the City to contact  other municipalities, participants, and professionals to get a deeper sense of the PFM professionals that would be  assigned to the City.                                                 Par Amount (millions) # of Transactions 2016 74,676.8 1,197 2015 62,139.9 1,014 2014 48,570.2 783 2013 46,071.0 768 2012 56,923.5 902 2011 39,632.1 758 2010 63,542.1 1,055 2009 56,290.0 882 2008 49,102.0 814 2007 46,477.5 686 2006 38,165.9 741 2005 41,527.1 897 2004 34,862.9 814 2003 39,226.5 898 2002 36,706.3 861 2001 31,593.7 811 2000 18,743.7 511 1999 19,220.7 626 1998 27,146.8 841 Source: Thomson Reuters PFM's First Place Ranking Overall Long Term 1998 - 2016 Par Amount (millions) # of Transactions 2016 5,785.4 76 2015 6,322.8 83 2014 3,624.0 47 2013 2,669.4 41 2012 6,014.8 73 2011 3,193.2 41 2010 4,566.5 79 2009 4,218.1 59 2008 4,512.0 55 Source: Thomson Reuters PFM's First Place Ranking Florida Overall Long Term 2008 - 2016       15 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  ii. Submit a detailed narrative description documenting Proposer’s specific experience including, but not limited to, the following: a. Knowledge of financial planning and marketing while demonstrating adequate experience, organization, facilities, equipment and personnel to ensure prompt and efficient service to the City of Delray Beach. b. Background in designing, implementing, and monitoring of the financing element of the capital improvements plan. c. Experience specific related to debt capacity analysis, debt ratio study, alternatives and innovative financing options, identification of potential revenue sources and methods of financing permitted under Florida law. At PFM, we believe that as a financial advisor, we should play an active part in designing and executing the  financing strategies of our clients. We see ourselves as both the client’s partner and agent in helping to achieve  their specific goals. Our job is to make the City aware of suitable options at its disposal and their potential  outcomes, and our goal is to provide the City with the tools it needs to craft a financing strategy that will lead to  the lowest‐available cost of borrowing; be consistent with the City’s broader policy and financial objectives; and fit  with existing policies. We provide a forum for ideas, an environment for testing conventional wisdom, and a  platform for forging performance‐improving strategies. Most importantly, we will help manage the process and  execute the transactions.  When serving as financial advisor, PFM takes an all‐encompassing approach, ensuring that our clients’ best  interests are taken into account during each step of the bond issuance process. This begins with the creation of a  team that consists of the optimal group of professionals who work all the way through post‐issuance compliance  on an ongoing basis. Within this section we provide a detailed description of this approach and how it benefits  each of our clients.  Creating the Optimal Team  PFM’s flexible project‐oriented approach to staffing engagements enables us to bring the proper mix of resources  and experience to a client’s issue or transaction. This may mean bringing together several members of the same  advisory practice or it may entail organizing a team from several different practices and offices. Our specialized  project teams ensure that our clients receive complete and thorough advice directly from the PFM professionals  most appropriate for their particular needs. This approach fosters creativity and innovation between PFM  professionals and clients.  First, we designate specific team roles and responsibilities. Second, we marry these roles according to professional  expertise needed to meet the scope of services. The core team proposed to serve the City is built upon a  foundation of senior professionals located in our Orlando office. These individuals advise regional issuers and        16 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  jurisdictions within the State of Florida. Together, they offer a mix of expertise in Florida public finance and the  professional skills needed to advise a client such as the City.  Plan of Finance Development  The development of the most cost‐effective financing plan available — as outlined in the table below — is a key  strength of PFM. Throughout the course of the financing process, PFM will compile a set of the City’s unique  attributes that we believe will prove valuable in our negotiation with other market players for the best‐available  terms for the City.  Plan of Finance Action Objective(s) 1. Develop Financing and Debt  Objectives   Review consistency with formal written debt policies and procedures.   Set parameters for measuring and making specific financing decisions.   Demonstrate sophisticated financial management. 2. Prepare a Debt Profile  Update comprehensive review of all outstanding indebtedness.   Identify potential cost savings and other beneficial debt strategies. 3. Review Legal Structure   Provide comprehensive review of bonding authority and bond covenants.   Identify opportunities for financing flexibility within credit constraints. 4. Analyze Future Debt  Capacity   Determine ability to raise future debt capital.   Identify rating concerns and/or opportunities.  5. Review Capital Budget   Ensure a complete understanding of all anticipated capital needs in this  changing plan.   Match sources of capital funding to infrastructure needs.  6. Identify Financing  Alternatives   Inform issuer of pros and cons of different financing techniques.   Outline potential financing strategies relevant to specific project.  7. Develop Final Financial Plan   Document policies, processes, alternatives, and results.   Formally recommend optimal financing plan and solution.             17 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  Transaction Management Process  As the plan of finance is refined, PFM will begin to lead the financing team through the transaction management  process, as outlined in the table below:  Transaction Management Action Objective(s) 1. Develop and Monitor  Schedule  Serve as a plan for timely completion of financing.  2. Analyze Debt Structure  Alternatives   Design a debt structure that maximizes market interest and future  financing flexibility while consistent with debt policy.  3. Review Existing Debt  Structure   Identify strengths/weaknesses so that future debt issues can be structured  to maximize ability to finance future capital needs.  4. Recommend Negotiated or  Competitive Sale   Tailor debt issue to the most efficient way to market debt and maximize  investor interest/minimize interest cost.  5. Assist Issuer with Selection of  Working Group Members  Select team that can most effectively bring the issue to market.  6. Develop Terms of Financing   Ensure credit quality and present terms are attractive to investors in order  to create broad‐based interest in the debt.   Maximize future flexibility.  7. Review Financing Documents  Monitor that all contractual and business terms are reviewed from the  issuer’s perspective.  8. Develop Marketing Plan   Coordinate institutional investor “road show” and/or enhanced bond‐issue  advertising.   Assist issuer seeking to maximize underwriter and investor interest in  securities.  9. Develop Rating Presentation  Obtain highest‐possible credit rating available for debt issue.   Formulate and implement long‐term credit rating strategy.  10. Assist with Sale of Bonds and  Evaluate Transaction   Assist in obtaining lowest interest rate for given market.   Provide written documentation of acceptability of bond sale.   Complete pricing analysis.  11. Assist with Bond Closing  Review complete compliance with all market and regulatory requirements.             18 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  This timetable outlines an example of  the steps employed by PFM to facilitate  the sale and marketing of a current  public offering of debt. PFM serves as  the quarterback of the financing team  and coordinates the entire process. The  value added by PFM during each phase  of the transaction results in the City  achieving the lowest overall borrowing  cost available.   As PFM works with the City’s team to  develop a plan of finance and then  move forward with a financing  strategy, there are several key  elements that are considered. Of  significant importance is the time that  goes into the preparation of documents  to meet needs of both policy and credit  structure. As documents are prepared  for a public debt offering, City staff and  PFM will work together to ensure the  initial ratings package is complete and  provides sufficient detail regarding the  credit strength, project significance,  and management strengths to garner  the highest possible credit rating that is warranted. A similar approach exists for bank loans, but the credit process  is specific to each potential bank instead of an offering document that is required for a bond transaction. Timing of  the bond sale will incorporate consideration for the primary issuance debt calendar, planned release of economic  data, and general interest rate levels. If the City is issuing refunding bonds, PFM, in consultation with our  investment management affiliate, PFM Asset Management LLC, can assist the City in the implementation of the        19 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  optimal escrow structuring strategy (highest yield on escrow investments net of costs, to increase realized  savings), and time the funding of the escrow to reduce negative arbitrage without a pricing penalty.  If a bank loan financing is deemed optimal, PFM will work with City staff to support scheduling the Request for  Proposal (“RFP”) release and approval/closing dates seeking to optimize the financing’s attractiveness to potential  bidders, and to allow for multiple terms and conditions to be evaluated. In the selection and approval process, PFM  will outline clearly the risks and benefits of the different financing options proposed, and make a recommendation  based on what alternative best meets the City’s objectives.  Bond Pricing  When pricing bonds, PFM offers the City a  unique blend of Wall Street knowledge,  technical resources, and an independent,  local fiduciary perspective. As indicated in  the chart to the right, PFM is the most  active financial advisor in the country, and  is a more frequent market participant than  even the largest investment banking firms.   One of PFM’s greatest strengths is our in‐ house Pricing Group: a dedicated group of  advisory professionals whose job is to  follow primary and secondary municipal  market activity and to interact with the underwriters’ desks on behalf of our issuing clients. The group is located in  our Charlotte, North Carolina office.  We are in the market on behalf of our clients an average of three times a day, and this constant presence gives us  significant advantage over other firms when it comes to bond pricing. Our size and market presence give PFM the  knowledge of a major investment bank with the independence of a financial advisor. The sole responsibility of our  Pricing Group is to provide our clients with the analytics, market knowledge, and insight to obtain the best  available interest cost for their transactions.  PFM’s dedicated team of pricing professionals provides clients throughout the country with centralized access to  market information and trends, including coupon structures, call option valuation, and spread relationships — this  helps ensure that our clients receive the best possible pricing for their bonds given current market conditions.  2016 Full Year Overall Long Term Municipal New Issues PFM vs Underwriters Municipal Financial Advisory vs Underwriter Ranking Full to Each, Equal if Joint Financial Advisor; True Economics to Each Bookrunner Source: Thomson Reuters PFM 1,197 Bank of America Merrill Lynch 518 Citi 529 J P Morgan Securities LLC 403 Morgan Stanley 388 Wells Fargo & Co 326 RBC Capital Markets 717 Stifel Nicolaus & Co Inc 1,019 Raymond James 802 Barclays 128 74,676.8 65,916.1 48,895.9 41,510.2 33,894.3 26,086.4 23,608.9 18,821.9 17,775.4 17,063.4 dollars in millions# transactions       20 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  Furthermore, the Pricing Group’s constant presence in the municipal bond pricing process helps foster professional  peer‐to‐peer relationships with underwriting desks, as well as a better understanding of the internal workings of  the underwriting process at the underwriters.  PFM couples this market knowledge with our own proprietary analytical pricing tools (e.g., Option Adjusted  Spread analysis) to develop our own pricing targets, independent of and before the presentation of the  underwriting team’s consensus scale. Whether a negotiated or competitive sale, PFM’s role simply is to seek the  best results available. This includes structuring, marketing, and pricing a transaction. Regardless of the choice of a  negotiated or competitive sale, we will run the numbers and prepare the sensitivity analyses necessary so that the  City has an independent evaluation of the pricing.  Post‐Issuance Reporting/Compliance   After each transaction, PFM customarily prepares a financial advisory report, providing clients with a summary of  the transaction including the financial alternatives considered, the financial impact of the transaction, and a  comparison to similar deals that priced within the same timeframe. Part of this post‐sale analysis includes detailed  information regarding the pricing performance of the bond sale. This detailed analysis includes a review of the  City’s prior transactions, other transactions in the market that priced within the same timeframe, and a summary  of the pricing in comparison to the pricing model. PFM will compile this information for the City as part of the  “Financial Advisor’s Report,” and also will identify the on‐going administrative requirements over the life of the  transaction.               21 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  iii. Submit a detailed narrative description documenting experience of the key personnel proposed by Proposer to include, but not limited to the following: a. Provide brief resume for each person to be assigned to the contract, with emphasis on financial advisory services for governmental units. PFM creates customized project teams for each engagement. In doing so, we take into account a number of  unique factors, including the types of financings completed by a client, complexity of expected assignments, and  geographic constraints. For the City, we have assembled a team that will work to meet the City’s unique need for:  (i) multi‐faceted strategic advice rendered with strict independence; (ii) extensive experience processing  financings; and (iii) the most sophisticated analytical and financial modeling support. The team outlined below is  very familiar with the City and has demonstrated the ability to work effectively on a wide range of assignments.   James “Jay” Glover, a Managing Director in PFM’s Orlando office, will serve as Engagement/Account Manager  and will be responsible for project management on a day‐to‐day basis.  As the Engagement Manager, Mr. Glover  will take the lead role in providing the requested financial advisory services and be responsible for review of all  work products competed by PFM.  Mr. Glover specializes in Florida municipal finance for cities, counties, school  districts, and a variety of authorities. Mr. Glover has managed more than $12 billion in financings over the last 16  years.  David Moore, a Managing Director in PFM’s Orlando office and head of the Southern region, will provide project  management support. Mr. Moore is one of the most seasoned finance professionals in Florida, providing financial  advisory services to a vast array of cities, counties and school districts managing in excess of $20 billion of debt  transactions during the last 24 years.    Laura Howe, a Senior Managing Consultant in PFM’s Orlando Office, will provide project management support.   Ms. Howe is a Project Manager who has provided client support on over $9.5 billion in debt financings.    Gabriel Rendon, an Analyst in PFM’s Orlando Office will provide technical and analytical support for the City’s  engagement.   In addition to the core financial advisory team listed above, the engagement team includes specific sector  expertise, including: Todd Fraizer, Managing Director and the head of PFM’s Bond Pricing Group; Steven  Alexander, Managing Director and head of PFM Asset Management LLC Southern practice and Scott Stitcher,  Director who specializes in investment management strategies for clients throughout Florida.  All services  provided by PFM Asset Management LLC are available under a separate contractual agreement.              22 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  Jay Glover, Managing Director PFM Financial Advisors LLC Mr. Glover is a Managing Director in PFM’s Orlando, Florida office. Mr. Glover has assumed an active role in  providing project management services to clients throughout the Southeast.  Over the last 16 years, Mr. Glover  has been one of the most active financial advisors in the southeast in terms of both total par amount and number  of transactions completed. He has taken an active role in working with clients on new money issuances,  refundings, pooled financings, derivative products analyses, and innovative financing solutions.  The clients that Mr. Glover serves are located in the southeast and include cities, counties, school districts, and a  variety of authorities. His project finance experience includes water and sewer, economic development,  transportation, education, public power, solid waste, and special assessment programs.  Mr. Glover currently  serves as project manager on engagements with the Cities of Boca Raton, Boynton Beach, Town of Palm Beach,  Palm Beach Gardens, Hallandale Beach, Coral Gables, Panama City Beach, Marco Island, Melbourne, Titusville,  Cocoa Beach, St. Petersburg, Gainesville, Ormond Beach, and Winter Park; the First Florida Governmental  Financing Commission; and the Sunshine State Governmental Financing Commission.   Mr. Glover has unmatched expertise in conducting competitive bond sales and negotiating pricings for both tax‐ exempt and taxable new money and refunding bond issues. Since joining PFM in 2000, Mr. Glover has served as  project manager on over 400 transactions with a total par amount of over $10 billion.  Mr. Glover has worked with the City of Boca Raton, Florida to help improve its water and sewer system ratings to  AAA/Aaa/AAA, making it the highest rated system in the country.  In addition, Mr. Glover recently assisted the City  of Coral Gables with regaining its AAA/Aaa/AAA status that was lost in 2004 when reserves were spent down  below acceptable levels for this rating category.  Mr. Glover received a Bachelor of Science in Business Administration from the College of Charleston and a Master  of Business Administration from the University of South Carolina.  Mr. Glover is a registered Municipal Advisor  Representative (Series 50).             23 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  David Moore, Managing Director PFM Financial Advisors LLC David Moore, Managing Director, works in PFM’s Orlando office and manages the firm’s Southern region.  He is  among the most active financial advisors in Florida, completing in excess of 250 financings totaling more than $20  billion. During his professional career, Mr. Moore has worked as an engineer, investment banker, and financial  advisor, focusing on public finance for more than 20 years, and joined PFM in 1998.  Mr. Moore is a hands‐on, analytical project manager. This approach evolved out of his roots as an analyst in public  finance, and is a unique asset when advising clients regarding strategic issues and complex financing needs. Mr.  Moore has led multiple clients through credit upgrades, and currently advises Broward County, Florida and Palm  Beach County, Florida; which are both rated AAA.  He also recently helped Orange County obtain AAA ratings  (S&P and Fitch) for the County’s Water and Sewer System Bonds.  Mr. Moore also helped the South Florida Water Management District (the “District”) win the Deal of the Year for  the entire nation in 2007. He helped create the first Certificate of Participation (“COP”) financing program for  environmental restoration. Even though COPs generally are viewed as a weak credit structure, Mr. Moore helped  the District create a credit presentation that outlined the unique characteristics of the District and the program.  This effort led to the District being rated AAA (implied GO) and the COPs being rated AA+.  A sample of Mr. Moore’s Florida client experience includes the cities of Boca Raton, Coral Gables, Daytona Beach,  Gainesville, Jacksonville, Key West, Melbourne, Ormond Beach, Sunrise and Tallahassee.  Mr. Moore holds a Master of Business Administration degree, cum laude, from the Crummer School of Business at  Rollins College and a Bachelor of Science in Electrical Engineering from Auburn University. Mr. Moore is a  registered Municipal Advisor Representative (Series 50).         24 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  Laura Howe, Senior Managing Consultant PFM Financial Advisors LLC Laura Howe joined the firm as an Analyst in the Orlando office in 2010 and was promoted to Senior Managing  Consultant in January of 2014. Ms. Howe is a Project Manager that has provided client support on over $9.5 billion  in debt financings, and has played an integral role in building PFM’s Community Development District practice.  Her experience includes structuring, sizing, pricing new money and refunding municipal bond issues, performing  analysis of refunding opportunities, and developing/assessing comprehensive debt profiles for clients.  Before joining PFM, Ms. Howe was a project manager for General Dynamics, a government contractor supporting  the United States military.  During her tenure, Ms. Howe managed over $8 million of projects annually and  supervised a team of over 90 employees.  Prior to her time with General Dynamics, Ms. Howe served as a session  legislative analyst for the Florida Senate Majority Office.    Ms. Howe graduated from Florida State University with a Bachelor of Science degree in Multinational Business,  and later received her MBA from Florida State University. Ms. Howe is a registered Municipal Advisor  Representative (Series 50).  Gabriel Rendon, Analyst PFM Financial Advisors LLC Gabriel Rendon, Analyst, joined PFM in 2016 and is staffed in the Orlando office.  Mr. Rendon works in the general  financial advisory sector, and provides technical and quantitative support for various clients. His present duties  include structuring, sizing, pricing new money and refunding municipal bond issues. He is also involved in  assessing municipal issuers’ outstanding debt and performing analysis of refunding opportunities.  Mr. Rendon graduated from the University of Central Florida with a Bachelor of Science degree in Finance.               25 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  b. Provide name of appointed a person to act as a primary contact with the City of Delray Beach. This person or back-up shall be readily available during normal work hours by phone or in person, and shall be knowledgeable of the terms of the contract and the service being provided. James Glover, Managing Director in the Orlando office will serve as the primary contact for the City’s engagement.   He is knowledgeable of all of the services required per the RFP and readily available to provide such services in a  timely and accurate manner.  c. Indicate current workload and the current percentage of time available for allocation to the City. The core City of Delray Beach team is located in PFM’s Orlando office, offering the City immediate access to the  financial advisory team with the most diverse mix of skills in Florida.  As the City has experienced over the last  several years working with PFM, Jay Glover and his team will make themselves available on short notice.  The PFM  team has the time availability and resources to provide prompt, sound and quality financial advisory services.  PFM  assigns a large team to each client, with a main point of contact that coordinates the engagement, which increases  the availability of knowledgeable people able to attend meetings called on short notice.   Because PFM interacts among its offices on a daily basis and shares experience and expertise, all members of the  firm would be available to assist the City with its financing needs depending on the specialty or the expertise  required.    The size of PFM’s Florida practice allows us to serve existing clients, but it also gives us the flexibility to take on  additional work without compromising the quality of the work performed.  As a result, the City can expect  unparalleled service and unmatched resource availability from the professionals assigned to this account.             26 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  iv. Each Proposer shall submit at least five client references for whom they have provided services similar to those specified in this RFP in the past five (5) years and who are agreeable to respond to a request from the City regarding proposer’s experience. Each client reference should include the following: a. Organization name b. Contact name(s) c. Contact email address d. Address e. Telephone and fax numbers f. Dates of service (start/end) g. Scope of work (brief description)   City of Boca Raton  201 West Palmetto Park Road  Boca Raton, Florida 33432    Linda Davidson, Financial Services Director   (561) 393‐7737  ldavidso@ci.boca‐raton.fl.us    Engagement Manager: Jay Glover and David  Moore    Services Provided: Financial Advisory, Long‐ Term Planning, Debt Structuring and  Optimization, Credit Rating Management    Dates of Service: 1994 to Present    City of Boynton Beach  100 East Boynton Beach Boulevard  P.O. Box 310  Boynton Beach, Florida 33425‐0310    Tim Howard, Assistant City Manager – Administrative  Services  (561) 742‐6012  HowardT@bbfl.us    Engagement Manager: Jay Glover    Services Provided: Financial Advisory, Long‐ Term Planning, Debt Structuring and  Optimization    Dates of Service: 2010 to Present    City of Coral Gables  405 Biltmore Way  Coral Gables, Florida 33114    Diana Gomez, Finance Director  (305) 460‐5275  dgomez@coralgables.com  Engagement Manager: Jay Glover    Services Provided: Financial Advisory, Long‐ Term Planning, Debt Structuring and  Optimization, Special Assessment  Implementation, Credit Rating Management    Dates of Service: 2000 to Present       27 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  City of Coral Springs  955 W Sample Rd.  Coral Springs, FL 33065     Melissa Heller, Director of Financial Services  (954) 344‐1087   mheller@coralsprings.org   Engagement Manager: David Moore and  Sergio Masvidal    Services Provided: Financial Advisory, Long‐ Term Planning, Budget Forecast, Debt  Structuring and Optimization, Credit Rating  Management    Dates of Service: 2010 to Present    City of Gainesville  200 E. University Avenue  Room 339  Gainesville, Florida  32601    April Shuping, Finance Director  (352) 393‐8782  shupingma@cityofgainesville.org  Engagement Manager: Jay Glover    Services Provided: Financial Advisory, Long‐ Term Planning, Debt Structuring and  Optimization    Dates of Service: 2002 to Present   City of Melbourne  900 East Strawbridge Avenue  Melbourne, Florida  32901    Sondra D’Angelo, Interim Director of Finance  (321) 608‐7010  sondra.dangelo@mlbfl.org  Engagement Manager: Jay Glover    Services Provided: Financial Advisory, Long‐ Term Planning, Debt Structuring and  Optimization, Credit Rating Management    Dates of Service: 2002 to Present   City of St Petersburg  One Fourth Street N. 5th FL  St. Petersburg, Florida  33701    Anne Fritz, Finance Director  (727) 892‐5113  anne.fritz@stpete.org  Engagement Manager: Jay Glover    Services Provided: Financial Advisory, Long‐ Term Planning, Debt Structuring and  Optimization, Credit Rating Management    Dates of Service: 2005 to Present    Town of Palm Beach  360 South County Road  Palm Beach, Florida 33480    Jane Struder, Director of Finance  (561) 835‐4724  jstruder@townofpalmbeach.com  Engagement Manager: Jay Glover    Services Provided: Financial Advisory, Long‐ Term Planning, Debt Structuring and  Optimization, Credit Rating Management,  Special Assessment Implementation    Dates of Service: 2013 to Present       28 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  B. APPROACH AND CAPACITY i. Provide a detailed narrative description of the proposed approach and methodology for engaging with City representatives while in the course of performing the duties, including, but not limited to, the following: On pages 15‐20 of this RFP response, we have provided a detailed description of our approach to providing  financial advisory services starting with the development of the plan of finance through post issuance compliance.   In this section we will provide additional information as it relates to PFM’s approach to the credit rating process.  One of the main tasks of the City’s financial advisor is to work with the City to obtain, maintain, or improve its  credit ratings. As a result of our experience advising hundreds of clients each year on the issuance of tax‐exempt  securities for a wide range of purposes, PFM has developed a clear understanding of the analytical methods  utilized by Moody’s Investors Service (“Moody’s”), Standard and Poor’s (“S&P”), and Fitch Ratings (“Fitch”). Our  professional staff is trained to conduct in‐depth credit analyses comparable to the rating agencies, so that both  credit strengths and weaknesses can be identified by the issuer prior to the presentation of materials to rating  analysts. This experience has been utilized effectively to improve the credit ratings assigned to communities  across the nation, as well as to maintain credit ratings during the recent economic turmoil.   PFM has particular expertise as it relates to assisting Florida clients with the credit rating process. For decades,  credit ratings for Florida issuers were handicapped by rating agencies’ predisposition against tourism‐heavy  economies and high‐growth regions. Rating agencies overvalued large, manufacturing‐based economies, even as  the national economy was moving to more of a service‐based economy. However, the reforms of the Dodd‐Frank  Act required the rating agencies to review internal policies and publish new rating criteria.  PFM’s position as a  market leader led the rating agencies to consult with us as they developed the new criteria.  Provided on the next  page is the Moody’s General Obligation Rating Scorecard analysis based on their revised criteria that PFM has  prepared for the City using information garnered from the 2015 Comprehensive Annual Financial Report (“CAFR”),  which provides a clear picture of the City’s credit strengths and weaknesses.         29 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025    As shown in the table above, the majority of the City’s metrics fall within the Aaa and Aa range, which  demonstrates that the City’s financial profile shows no major material weaknesses.  The City has a stable tax base  that is projected to grow moving forward and healthy reserve and liquidity levels.  The institutional framework  score (standard statewide score) reflects the fairly diverse revenue structure of Florida cities that rely primarily on  property and user taxes.  Also given the 10 mill property tax limit, the City has significant ability to raise taxes  within the statutory limit.  On the expenditure side, public safety is the bulk of the cost along with rising fixed costs  associated with pensions and healthcare.  In terms of debt, the City's net direct debt burden remains manageable  but could increase given the City’s proposed capital improvement program.  When you combine all of the credit  factors, it equates to a very strong Aa1 credit rating indication from Moody’s.  As you know, S&P rates the City  AAA.  One of stated goals as we work with the City will be to get a Moody’s upgrade to Aaa as well.            Value Aaa Aa A Baa Ba B and Below Weight Implied Rating Tax Base Size: Full Value ($ million)$9,784,818,000 > $12B $12B ≥ n > $1.4B $1.4B ≥ n > $240M $240M ≥ n > $120M $120M ≥ n > $60M ≤ $60M 10% Aa Tax Base Per Capita $146,252 > $150,000 $150,000 ≥ n > $65,000 $65,000 ≥ n > $35,000 $35,000 ≥ n > $20,000 $20,000 ≥ n > $10,000 ≤ $10,000 10% Aa Median Family Income as % of US Median 93.02%> 150% of US median 150% to 90% of US median 90% to 75% of US median 75% to 50% of US median 50% to 40% of US median ≤ 40% of US median 10% Aa Fund Balance as % of Revenues 34.24%> 30.0%30.0% ≥ n > 15.0%15.0% ≥ n > 5.0% 5.0% ≥ n > 0.0% 0.0% ≥ n > -2.5%≤ -2.5% 10% Aaa 5-Year Dollar Change in Fund Balance as % of Revenues 14.18%> 25.0%25.0% ≥ n > 10.0%10.0% ≥ n > 0.0%0.0% ≥ n > -10.0% -10.0% ≥ n > -18.0%≤ -18.0% 5% Aa Cash Balance as % of Revenues 72.22%> 25.0%25.0% ≥ n > 10.0%10.0% ≥ n > 5.0% 5.0% ≥ n > 0.0% 0.0% ≥ n > -2.5%≤ -2.5% 10% Aaa 5-Year Dollar Change in Cash Balance as % of Revenues 21.03%> 25.0%25.0% ≥ n > 10.0%10.0% ≥ n > 0.0%0.0% ≥ n > -10.0% -10.0% ≥ n > -18.0%≤ -18.0% 5% Aa Institutional Framework Aa Very Strong Strong Moderate Limited Poor Very Poor 10% Aa Operating History: 5-Year Average of Operating Revenues / Operating Expenditures 1.09x > 1.05x 1.05x ≥ n > 1.02x 1.02x ≥ n > 0.98x 0.98x ≥ n > 0.95x 0.95x ≥ n > 0.92x ≤ 0.92x 10% Aaa Net Direct Debt / Full Value 0.82%< 0.75%0.75% ≤ n < 1.75% 1.75% ≤ n < 4.00% 4.00% ≤ n < 10.00% 10.00% ≤ n < 15.00%≥ 15.00% 5% Aa Net Direct Debt / Operating Revenues 0.67x < 0.33x 0.33x ≤ n < 0.67x 0.67x ≤ n < 3.00x 3.00x ≤ n < 5.00x 5.00x ≤ n < 7.00x ≥ 7.00x 5% A 3-Year Average of Moody's Adjusted Net Pension Liability / Full Value 0.23%< 0.90%0.90% ≤ n < 2.10% 2.10% ≤ n < 4.80% 4.80% ≤ n < 12.00% 12.00% ≤ n < 18.00%≥ 18.00% 5% Aaa 3-Year Average of Moody's Adjusted Net Pension Liability / Operating Revenues 0.18x < 0.40x 0.40x ≤ n < 0.80x 0.80x ≤ n < 3.60x 3.60x ≤ n < 6.00x 6.00x ≤ n < 8.40x ≥ 8.40x 5% Aaa Total (100%)100% Aa1 City of Delray Beach, FL - Moody's Rating Local Government General Obligation Scorecard Finances (30%) Debt/Pension (20%) Management (20%) Economy/Tax Base (30%)       30 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  ii. Provide summary of Proposers understanding, based upon firms research of the issues and concerns over the next five years. Like most local governments, funding needed capital projects was a secondary priority during the recent economic  downturn.  As a result, the City is faced with a backlog of needed capital projects related to streets, sidewalks,  public buildings, parks, storm water and other public infrastructure with limited sources (and competing priorities)  to fund them.  This is complicated by the fact that the City Commission has a stated goal of not increasing (and  potentially reducing) the property tax millage rate.  In order to fund these needed capital projects the City is going  to need to look at creative financing solutions as well as identify ways to grow and diversify its revenue base.   PFM’s financial advisory team, working in conjunction with our Management and Budget Consulting affiliate, has a  demonstrated track history of working with local governments facing similar issues.  Provided below is more detail  on recent, relevant work performed by PFM to assist issuers with similar concerns.  In addition, on pages 37‐38 we  provide details on how the City might maximize usage of its capital sales tax revenues recently approved by  County voters to fund capital projects.        The  Management and Budget Consulting team, operating as part of our affiliated PFM Group Consulting LLC, has  a proven track record in delivering positive financial and budgetary results for communities across Florida, and  across the nation.  Financial and budgetary analysis represents one our core strengths.  We partner with our clients  to identify and capture revenue generating, cost recovery, and expenditure reduction opportunities.  Further, we  have the breadth of experience and depth of expertise to address almost any operational challenges or special  projects that our clients may face.  Our efforts have resulted in literally billions of dollars of improvements to the  bottom lines for state and local government throughout the country.  Our team also possesses deep expertise in creating multi‐year budget projection models and long‐range  financial/capital plans.  We develop specialized dynamic financial models in‐house that are tailored to the  individual needs of each client and assignment.   These include multiple forms of cash flow models, financial and  capital planning models, non‐tax revenue projection models, workforce salary and benefits projection models, cost  allocation models, privatization and business valuation models and fleet utilization models.  Our customized  models, created with transparent and reasonable assumptions, often serve as the analytical underpinning for  financial studies and analyses we develop for our clients.    Past engagements in Florida include a non‐tax revenue study completed for St Johns County as well as an  evaluation of potential off‐beach parking revenue opportunities.  For this most recent off‐beach parking  assignment, PFM developed a parking revenue projection model that forecasted parking revenue across multiple  scenarios, accounting for differences in rate structures, fluctuations in visitors to the County’s beaches, and        31 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  implementation approaches (e.g., contracted‐out to a vendor vs. in‐house service delivery).  It also included a  written report that contains historical budgetary analysis of the County’s beach services fund, benchmarking  results from research on approximately 80 Florida jurisdictions, a discussion of the most appropriate parking  technologies for the County, as well as a recommended parking rate structure and multiple financial projections.   This is just one example of how PFM partners with our clients on non‐traditional projects to help eliminate a  general fund subsidy, thus freeing up funding for alternative uses.  Elsewhere in Florida, we worked with the City of St. Augustine to build a customized multi‐year budget projection  model, and have previously delivered similar tools to the Cities of Coral Springs, Doral, and Miami.  PFM's long‐ range budget planning model contains functionality to quickly create dynamic “what if” scenarios based on  changes to underlying inputs or the incorporation of cost saving/revenue generating initiatives.  The model also  includes a debt affordability module and rating agency scorecard that highlights the impacts of debt issuance on  the City’s financial position.  As part of our engagement with the City, we are also performing a high‐level review  of non‐tax revenue enhancement opportunities, which can be layered into the budget projection model as  initiatives.      PFM possesses the capacity and resources to execute a vast array of special projects for the City if requested.  We  are budget and finance professionals with a wide breadth of operational knowledge and expertise, focused fully on  the public sector.  Whether the City requires assistance in multi‐year planning, an operational review of a  department, or support in collective bargaining, PFM's Management and Budget Consulting team has the breadth  of experience and in‐depth expertise to successfully execute a multitude of special projects for the City.  Sample  special project engagements may include:   • Multi‐Year Financial Plans   • Budgeting for Outcomes   • Fee and Cost Recovery Studies   • Tax Policy Analysis   • Capital Planning Process Improvement  • Public‐Private Partnerships   • Operational Reviews of City Departments   • Performance Measurement/Management   • Compensation Analyses and Benefits Reviews  • Overtime Studies   • Collective Bargaining Support and Expert Witness Testimony   • Retirement Finance Reviews & OPEB Modeling  • Health and Human Services Consulting (performance review and compliance)        32 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  iii. Provide three innovative financing techniques which have been developed and/or implemented in connection with previous engagements. Include a brief description of project type, project size, financing concept considered (regardless of final method used), as well as brief comments concerning the concepts’ applicability to the City's financing needs. PFM has been at the forefront of most innovations and leading market evolutions, but always views new options  with an extra level of scrutiny to make sure clients understand the advantages and disadvantages of these new  products.  PFM’s philosophy is that innovations should not be pursued purely for the sake of creativity. Rather, new  tools should be developed to address challenges faced by our clients.  Provided below are examples of innovative  financing techniques that PFM has helped craft and implement.    City of Panama City Beach, Florida  The City of Panama City Beach (the “City”) has long been a family beach destination;  known for its sugar ‐ sand beaches. Over the years, the basic infrastructure along the  oceanfront deteriorated to the point where the City created a Community Redevelopment  Agency (CRA) to aid in eliminating the blight. The City developed a simple, yet comprehensive strategy for  developing basic infrastructure so that the prime location could “sell itself.” In the early years before the Tax  Increment revenues grew, the City focused on enhancing water and sewer capacity and service levels and  developed a consensus among the community leaders regarding transportation, parking and beach access. The  final Redevelopment Plan incorporates a complete reconstruction of the primary roads and access roads to  enhance efficient circulation, beachside parking and transit at an estimated cost of over $300 million.   The City’s year‐round population is only 5,000 and the City does not levy property taxes, so there is limited ability  to fund the projects.  PFM was retained to develop a strategy to implement the financing component of the  Redevelopment Plan.  During the first four years of the CRA, massive redevelopment of dilapidated hotels and  condominiums resulted in growth in tax increment revenues to over $10 million. While this cash flow is significant,  it is almost impossible to obtain investment grade ratings and bond insurance for start‐up tax increment  financings.  The fact that the City is located on the Gulf of Mexico, and thus has risks associated with severe  weather events, complicated the credit review as well. PFM worked with staff and legal counsel to develop a  blended credit comprised of special assessments and tax increment revenues in order to enhance the credit to the  point where bond insurance could be obtained. We developed financing documents that provide a double barrel  pledge of tax increment revenues and assessments.  No assessments were levied for the initial financing, but the  financing documents allow for assessments to be added in the future.  If assessments are added pursuant to  specified criteria, they can be used to offset debt service almost dollar for dollar.  The documents are structured so  that the assessments must be authorized to count as security for the financing, but only 10% of the maximum        33 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  assessment has to be levied.  This enables the City to obtain almost 100% leverage off of tax increment revenues  instead of having 150% to 200% coverage often required for this type of financing.  Even with strong leverage, the  City obtained an “A” credit rating, which is extremely rare for a new CRA.  This structure will enable the City to  complete the projects in as little as 5 to 7 years instead of the 30 years that would have been required for a pay‐as‐ you‐go program.  City of Pompano Beach, Florida   PFM assisted the City of Pompano Beach and their East District Community  Redevelopment Agency (CRA) with the development of a five‐year capital improvement  plan, as well as with the issuance of their first financing transaction through a two‐ component (taxable and tax‐exempt) $20 million bank loan.    One of our first tasks for the CRA was to evaluate their capital improvement and implementation plans in order to  develop a detailed financing plan that could be introduced to the Commission and CRA Board.  Upon reviewing the  Capital Improvement Plan needs, PFM quickly assessed two key items:  the tax‐exempt eligibility of the projects  and the ability to stagger the timing of the financings in order to minimize the impact of debt service in the first  year while projects were still coming on‐line.   PFM worked with the City, the CRA, and the other members of the financing team through the following steps:  • Detailed multi‐year Plan of Finance  • Board memorandums and presentations to communicate the plan of finance to policy makers  • Request for Proposals for interested lenders  • Negotiated borrowing terms with the selected bank  • Review of the Bond documents  Because the plan of finance could be most efficiently implemented through two financings that would occur  several months apart, PFM wanted to ensure that the CRA (1) had access to capital when the project scheduled  dictated and (2) had a borrowing in place that could be drawn upon at a reasonable cost at a future date.  To this  extent, PFM developed a multi‐pronged plan of finance.  The first borrowing was implemented so that all of the  known tax‐exempt projects were funded at closing.  The second financing was structured in such a manner that  the CRA had the ability to draw from one of two Lines of Credit.  Due to the early stage of the project negotiations  for the second piece, it could not be determined whether the project would be taxable or tax‐exempt eligible.   Therefore, the Lines of Credit were established – with no ongoing “carry” cost – to be drawn at a later date.  The  agreement with the lending bank detailed that at the point a draw was made on the line, the CRA could simply        34 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  notify the bank as to whether the draw would be considered taxable (drawn from the taxable line) or tax‐exempt  (drawn from the tax‐exempt line).  Using this methodology the CRA was afforded future flexibility while it  continued to negotiate agreements with other private developers.    PFM was also asked by the City to evaluate different security and tax structures for bonds that would fund the  construction of a municipal parking garage, which would be a part of the City’s pier development project. PFM ran  various scenarios for the City, including sizing the bonds as taxable, tax‐exempt, and 50% taxable / tax‐exempt  treatment. Eventually, the bonds were deemed by counsel to be 100% taxable, and thus PFM moved forward on  that assumption.   PFM also contemplated the use of the assumed security structure, which at the time was a pledge of the  forecasted net revenues of the parking garage. Recognizing that this structure was unlikely to provide the City  with the best pricing and perhaps not an investment grade credit rating, PFM suggested structuring the issuance  as certificates of participation (“COPs”). Since the City’s only contemplated financing was the Pier Parking facility,  COPs provided a more cost effective and efficient financing tool for this single project. This financing structure  would take the form of a lease purchase agreement between a leasing corporation (i.e. Pompano Beach Finance  Corporation as used for the City Series 1992 COPs) and the City of Pompano Beach.   Under the lease agreement,  an essential city asset would be leased by the leasing corporation to the City. The City as lessee would make lease  payments which are subject to annual appropriation by City Council, to repay the COPs over the term of the  financing.  Upon repaying the COPs, the property would be released to the City.  While the City would first use net  parking revenues to pay debt service, the idea was that the ability to pledge general fund revenues would  strengthen the credit and marketability of COPs. Given the growing acceptance of COPs in the investor  community, highly‐rated COPs could also be structured without a debt service reserve fund, which would decrease  the borrowing costs to the City and also increased liquidity.  This approach paid off when the rating agencies awarded the bonds with ratings of A1 / AA‐ from Moody’s and  S&P, respectively, which were much higher than the anticipated BBB rating from a bond issued solely with a  parking revenue security. Throughout the pricing process, PFM’s Pricing Group negotiated on the City’s behalf  with the underwriter (RBC Capital Markets) to discover appropriate pricing levels for a taxable parking garage  COPs transaction, given the lack of comparable deals in the market.              35 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  Town of Surfside, Florida  The Town was recently in the process of implementing a large utility system improvement  project that encompassed the entire Town footprint.  PFM worked with the Town to  develop a plan of finance that was within the constraints of their rate consultant’s long‐ term plan.  PFM assisted the Town to procure, negotiate, and secure a long‐term direct  bank placement to fund this capital project.  The distinct feature of that borrowing was that initially the bank  lender did not want to offer any prepayment terms without an additional cost.  However, PFM and the Town had  insight to the fact that it was very likely that an SRF loan would be made available at a future date.  SRF loans,  while potentially having more restrictive conditions, i.e. “Buy American,” typically provide a lower cost of  borrowing than commercial markets.  As a result of that knowledge, PFM negotiated an optional prepayment on a  portion of the loan equal to the expected amount of the SRF loan proceeds.    As an additional enhancement to the plan of finance, the lending bank offered a lower rate if the Town was willing  to accept an early “put” feature, meaning there would be a balloon payment due in year 10 in the amount of the  final 7 years of the loan. Knowing the Town had secured future SRF funds, we agreed to the early put feature, and  at the time the SRF funds were received eight months later, we moved forward with defeasing the final 7 years of  the loan, effectively removing that risk from the Town.  Other Examples of Innovation   Beyond traditional financings, PFM has also created new tools to help our local government clients operate more  efficiently and plan for the future.  Below are a few examples of innovative concepts employed by PFM.    PFM’s Environmental Finance Group:  PFM is on the forefront of the Environmental Finance movement.  Our Environmental Finance Group has extensive experience with innovative programs dedicated to  creating and implementing green projects and initiatives. Green efforts can cover a wide variety of  projects, ranging from energy equipment retrofits to renewable generation and system‐wide upgrades for  energy and water distribution and consumption management. PFM has worked with many clients on a  broad range of financing opportunities including: Property Assessed Clean Energy (“PACE”), revolving  loan funds, power purchase agreements, energy service company (“ESCO”) contracts, on‐bill financing,  taxable and tax‐exempt leases, as well as municipal and green bonds. Project types include energy  efficiency improvements, water efficiency installations, renewable energy infrastructure and  implementation, and streetlight upgrades, to name a few.  The financing vehicles include traditional  bonds, assessment programs, fee securitization (referred to as Cost Containment Bonds in Florida) and        36 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  private funding.  We have the knowledge and experience needed to provide our clients with advice on the  creation and implementation of the best financing solutions for their specific circumstances given the  available options. Green initiatives, whether implemented on public or private property, can generate  benefits such as reduced utility bills, lower carbon emissions, local job creation, and increased property  values.     Flexible & Make Whole Call (MWC) Provisions:  A “ten year par call” has been the market standard for over  a decade.  As PFM continues to push underwriters to focus on the value of the call option, PFM has been  able to obtain shorter no call periods and add make whole call provisions.  MWC provisions were  introduced in the municipal market along with Build America Bonds during the financial crisis since a  MWC is the norm in the taxable market. Typically there is no financial advantage to a MWC because the  premium paid to the investor captures all the benefit of declining interest rates, plus a penalty.  However,  PFM recently helped pioneer an adjustment to MWC language that adjusts the MWC premium to be  based on the price to the traditional 10 year call date instead of the maturity date.   This materially  decreases the premium.   While still less efficient than a traditional advance refunding, the concept is very  appealing for bonds that cannot be advance refunded since the MWC results in a current refunding.  While  this technique has only been applied to a few financings to date, PFM has completed over $500 million of  the financings, including the first financing which closed in February.       Whitebirch Financial Modeling Platform: PFM’s affiliate, PFM Solutions LLC, recently introduced  Whitebirch: a brand new, flexible financial modeling platform designed to produce dynamic, multi‐year  financial projections to facilitate strategic planning. Users can customize logic and establish relationships  among an unlimited number of independent variables. Its patented architecture permits users to easily  consider alternative portfolios of operating and capital assumptions, and its browser‐based functionality  allows for distributed use and multi‐dimensional reporting.  Whitebirch has specific applicability for long‐ range planning for general and enterprise funds.    The architecture behind Whitebirch provides users flexibility in designing and building their institution’s  unique financial and organizational logic. However, unlike spreadsheets, Whitebirch permits users to layer  alternative versions of both variables and formulae, and choose the version applicable to a given scenario.  Spreadsheets are limited to one data point or one formula per cell, requiring users to either save        37 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  alternative assumption sets, save alternative model versions, and/or utilize complicated formulae and  functions to conduct sensitivity analysis.  Whitebirch is designed to produce longer‐term strategic projections. Analysis is conducted at a higher  level to eliminate false precision. Traditionally, budgeting software answers a particular set of short‐term  questions that require a very detailed analysis, often on an object‐code and fund‐by‐fund basis.  Forecasting is often an extension of this detailed analysis, a roll‐up of a simple projection of the detailed  budget. By virtue of the detail inherent in such analysis, consideration of change variables and alternative  scenarios of initiatives and projects is difficult and time‐consuming. In contrast, Whitebirch focuses  analysis on alternative scenarios of operating and capital initiatives, with varying costs, timing, and  funding sources, thereby creating a mission‐level decision‐making tool.  iv. Proposer shall provide an estimate of the time that will be required of City staff in assisting in financial advisory services. PFM has built our reputation on providing superior service for our clients and making their involvement in the day‐ to‐day financing process as streamlined as possible. We start each project by staffing the engagement with an  experienced team that serves as the “quarterback” of the financing team. By coordinating the entire transaction  management process, PFM minimizes the amount of staff time required to implement a financing — which  provides finance staff more time to focus on other responsibilities such as budget and audit preparation. This is of  vital importance given staff cutbacks that were required during the economic downturn, resulting in more work  and less time to complete it.    v. The overall approach to delivering the Scope of Services and any strategies Proposer proposes to implement. See page 15‐20 for PFM’s approach to providing financial advisory services as outlined in the scope of services.   Within this section we will outline PFM’s recent experience as it relates to working with entities on the  implementation of sales tax revenue bonds, including our recent work with the City of Palm Beach Gardens.  It is  our understanding that the City of Delray Beach will receive approximately $3.7 million of annual sales tax revenue  collections for 10 years.  In order to accelerate projects the City might consider bonding this revenue stream.  This  can be done using two different security structures: (1) a direct pledge of the sales tax revenues or (2) a covenant to  budget and appropriate (CB&A) from legally available non ad valorem revenues.  If the City pledged the sales tax  revenues, lenders would require the City to include a minimum debt service coverage factor of 1.25 to 1.50 times  debt service, thus reducing the upfront project proceeds that can be generated.  Based on a 10 year financing with  1.25 times coverage the City could generate approximately $25.9 million of project proceeds based on current  market conditions.  In order to maximize the amount of upfront project proceeds generated, the City could secure        38 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  the debt with a CB&A from legally available non ad valorem revenues and still use the sales tax revenues to make  the actual debt service payments.  This would allow the City to bond using 1.00 times coverage, which would  increase the upfront project proceeds to approximately $32.3 million based on current market conditions.  PFM  recently worked with the City of Palm Beach Gardens on the implementation of a direct bank loan financing of  their sales tax revenues.   They desired to maximize upfront proceeds so we structured the transaction with a  CB&A of legally available non ad valorem revenues.  The RFP garnered 12 responses and PNC Bank was  recommended as the loan provider.  Provided below is a summary of the interest rates proposed.  In addition to  the City of Palm Beach Gardens, PFM is working with multiple other jurisdiction in Palm Beach County on the  implementation of the most cost effective financing plan for the recently approved capital sales tax.              PROPOSERS Branch Banking and Trust Company (BB&T) BMO Harris Bank N.A. (1) Bank of America/Merrill Lynch Florida Community Bank, N.A. JP Morgan Chase Pinnacle Public Finance, Inc. PNC Bank, N.A. Raymond James Bank State Street Public Lending Corporation STI Institutional & Government, Inc. TD Bank Wells Fargo (1) Includes interest rate adjustment for change in maximum corporate tax rate 2.25% 2.48% RATE OFFERED 2.62% 2.20% 2.10% 2.22% 3.22% 2.23% 2.52% 2.21% 2.50% 2.31%       39 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  vi. Goals that the Proposer would like to achieve PFM’s goal is to continue being a long term strategic partner with the City to help with accomplishing the City’s  goals and objectives.  We are not advisors that show up to complete a transaction and then move on to the next  client transaction.  We desire to build long term relationships with our clients and be a resource (extension of staff)  that is available on an ongoing basis to assist with all financial related needs.  Provided below are ways in which we  partner with our clients:   Strategic Partner:  o Monitor legislative initiatives  o Provide updates on new financial products/programs  o Keep City abreast of regulatory environment changes     Technical Partner:  o Provide ongoing market updates on changing market conditions  o Provide superior transaction management   o Assist with Rating Agency Relations  o Make City aware of new financial tools and their applicability     Client Training – PFM offers:  o Local training on investments, debt strategies, etc.  o Training at FGFOA and other industry conferences  o National client training – week long capital market training for senior finance officers        40 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  vii. Narrative that demonstrates working knowledge and understanding of the requirements of the Scope of Services. The RFP scope of services requires demonstrated expertise in all aspects of financial advisory services.  This  includes Services Related to Financial Planning, Financial Marketing and Issuance of Debt.  As shown on page 13 of  the RFP, PFM and its affiliates provide all of these services plus many others that might be needed by the City over  the course of the engagement.  Provided below is confirmation that PFM is willing and able to provide all of the  services required per the RFP.  In addition, throughout this proposal we have provided examples of where these  services have successfully been implemented for the benefit of our clients.      Services Related to Financial Planning PFM will Provide  Provide the City with comprehensive reviews of its capital structure to include  continuous reviews of outstanding indebtedness (bonds, loans, and leases)  and provide recommendations relative to the refinancing or early  extinguishment of said obligations.     Assist the City in designing, implementing, and monitoring of the financing  element of the capital improvements plan in connection with the City of  Delray Beach Comprehensive Plan which was prepared in accordance with the  Community Planning Act.  These services include an overall evaluation of all financing sources presently  available to the City, including internally generated funds, debt financing,  leasing, federal or state grants, private sources, and various combinations of  all those sources.     The financial advisor shall assist and/or prepare cash flow analyses for each of  the various major capital improvements included in the Comprehensive Plan  annually.     Prepare Comprehensive Financial Plans, as requested, including a debt  capacity analysis, debt ratio study, alternatives and innovative financing  options, identification of potential revenue sources and methods of financing  permitted under Florida law.     Provide the City with Financial Advisory Services on any requested financial  issue that the firm can provide expert advice on.     Provide the City with advice on proposed and actual changes regarding  economic development policies, tax laws and financial market developments  that could affect the City's financial structure and the impact of such policy on  the financial market’s perception of the City.                41 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  Services Related to Financial Marketing PFM will Provide  Provide assistance to the City in broadening the market for its debt.    Assist the City with consultations and presentations to rating agencies/credit  enhancement providers to secure the most favorable and economical credit  rating or to maintain an existing credit.       Services Related to the Issuance of Debt PFM will Provide  Develop plans of finance when requested for issuance of debt including  identification of revenues available for security, recommended amortization  schedule, cash flow analysis, aggregate principal amount of bonds to be  issued, the timing of the offering, the definitive structure of the bond issue,  and any optional redemption and call provisions. This study will include a  review of alternative financing techniques, if applicable, a discussion of  rating/credit enhancement issues, a recommendation of the method of sale,  and solicitation of proposals for specific consulting services, as necessary. The  Financial Advisors will not participate either directly or indirectly as  underwriters in the sale of the bonds, nor have any financial interest, directly  or indirectly in such sale, except as to compensation paid hereunder by the  City.     Review of reports to ensure that financial related assumptions are reasonable  and that such reports adequately address technical, economic and financial  concerns.     Prepare a timetable and distribution list for bond issues and assist the City in  coordinating meetings and conference calls.     Provide advice and assistance, as needed, to the City, bond counsel, and  disclosure counsel as to preparation of the necessary bond authorizing  ordinance(s) and other proceedings including a Notice of Sale, if required.     Assist, as required, with validation of any bond issues through preparation of  financial tables and exhibits and the preparation of testimony.     Assist the City in preparing its debt issuance for market whether the sale is  made through a competitive or negotiated offering or any other type of sale.  Through any method of sale, the financial advisor will assist the City’s  Disclosure Counsel in the preparation of the preliminary and final official  statement that conforms to current acceptable disclosure guideline  standards.     For competitively bid bond issues:  i. 3.6.1 Assist the City in preparing the bid documents, including but not limited  to the notice of sale.  ii. 3.6.2 At the time of the sale, advise the City as to the best bid received,  based upon the verification of bids, and recommend an award which, in the  Financial Advisor's judgment is in the best interest of the City.  iii. 3.6.3 Assist in bid protest procedures, as needed.             42 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  For negotiated bond issues:  i. 3.6.4 Assist in determining the optimal timing of the issue.  ii. 3.6.5 Assist the City in preparing a Request for Proposal for Underwriting  Services, if necessary.  iii. 3.6.6 Assist the City in preparing presentations to underwriters in order to  fully describe the bonds to be issued, when required.  iv. 3.6.7 Participate in the evaluation of the proposals received with selected  City personnel.  v. 3.6.8 Participate in the "pricing call" and advise the City as to the  reasonableness of the components of the underwriter's spread.     For other means of bond procurement:  As directed by the City.  i. Provide for the solicitation of competitive proposals for printing the official  statement, bid forms, and paying agent/registrar services.     ii. Assist the City in selecting trustees, paying agents and other financial  intermediaries, as necessary, and assist in arranging for appropriate bond  insurance as required.     iii. Advise the City on the condition of the bond market prior to and at the time  of the sale of the debt. This activity should address market volume, general  economic conditions and competing offerings on a national and statewide  basis.     iv. Assist the City at the time of sale with the negotiation of the terms of the  sale (fees, interest rates and interest rate yields, and redemption provisions) if  such sale is negotiated or, if sold at competitive sale, review and verify all bids  received by the City. The financial advisor shall also recommend to the City  whether such negotiated or competitive proposals should be accepted or  rejected for each bond issue and indicate whether the transaction terms are  the most beneficial to the City for the type and timing of each transaction.     v. Assist the City, as needed, with coordination and supervision of the many  events related to the closing for the debt issuance.     vi. In the area of short‐term financing, provide the City with advice, guidance  and assistance in bank loans, leasing, and commercial paper, upon request.     vii. The Financial Advisors shall be available to the City to discuss and make  recommendations on such other financial matters as requested by the City,  and shall be available for formal presentations to the Mayor and Council, as  necessary.                43 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  viii. Details of implementation plan and schedule. See page 15‐20 for details on how PFM works with clients to implement cost effective financing plans as well as a  sample timetable from a recent financing.    ix. Proposer shall specify the location(s), including the complete physical address, where the work for this project will be performed, including work performed by subcontractors, if applicable. The City’s engagement will be staffed from PFM’s Orlando office, which opened in 1986 and has been in  continuous operation since then.  According to the most recent Bond Buyer’s Municipal Marketplace, PFM has the  largest financing team in Florida (Source: The Bond Buyer, Spring 2016). The level of staffing and the experience  gained working on a wide range of financings each year enables our team to provide sound and prompt advice. It is  worth noting that PFM’s success has resulted in an increase in staffing from nine in 2008, to twenty‐eight today,  enabling PFM to provide an even higher level of service moving forward.    Florida Office Location Where Work Will Performed:  300 S. Orange Avenue, Suite 1170  Orlando, FL  32801  (407) 648‐2208    x. Proposer shall thoroughly explain: a. Its accessibility in the areas of availability for meetings, general communications, coordination, and supervision b. How the proposer physically plans on attending pre-scheduled meetings c. How the proposer plans on ensuring accessibility and availability during the term of the Agreement One of the many unique aspects of PFM is the deep bench of resources available.  Unlike many firms that only  have 1 or 2 people dedicated to the Florida market, PFM has multiple senior professionals that will be available to  the City in the event the primary contact is not available.  This not only helps with covering meetings and calls on  short notice, but also provides continuity in the event of unforeseen circumstances that might affect a member of  the team.  PFM has a demonstrated track history of providing superior service in a timely manner for our clients.   This is reflected in the fact that we have relationships with many clients that stretch back over 10 years and remain  intact through multiple RFP processes.  In addition we continue to add clients without compromising the level of  service provided.         44 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  C. LOCATION Per City Code of Ordinances Section 36.14 Local Business Preference; for all acquisitions made pursuant to Requests for Proposals, as provided in City Code of Ordinances Section 36.02(A)(2), the solicitation shall include a weighted criterion for local businesses of five (5) percentage points of the total points in the evaluation criteria published in the solicitation. Businesses must be certified prior to the Due Date and Time for submission of Proposals. Proposer’s who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. i. Provide a copy of Proposer’s documentation that confirms Proposer meets the local business requirements and is certified prior to the Due Date and Time for submission of Proposals. PFM has 3 office locations in the State of Florida (Orlando, Coral Gables and Largo).  While we do not meet the  criteria for a local business we have been dedicated to serving clients throughout Florida for over 25 years.            45 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  Chapter 4. Public Entity Form, Drug Free Workplace Form, Conflict of Interest Form  PFM’s completed forms are immediately following this page.                46 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  Chapter 5. Acknowledgement of Addenda Form  Form E ‐ Acknowledgment of Addenda immediately following this page           47 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  Chapter 6. Proposal Response Requirements (Section 2, item 4)  D. FEE PROPOSAL Proposers should use this form for submitting its Fee Proposal. The following pricing is submitted as, all inclusive, to provide financial advisory services in accordance with the requirements identified in this Scope of Work, and as set forth in this RFP document. The Proposer’s annual fee for financial advisory services shall remain firm for the term of the Agreement. The option for renewal shall be exercised upon mutual agreement between Contractor and City, by written agreement with all original terms and conditions adhered to with no deviations.   4. Hourly Fees ‐ if any.  1 Fee per hour $200 blended hourly rate  2 Flat fee $9,000 ‐ $12,000  See note 1 below  3 Include a list of out‐of‐pocket expenses, expected to be paid by  the City, if any.  See note 2 below  4 Payment Terms (e.g., monthly, quarterly) Quarterly  Note 1: In lieu of hourly fees, the City may elect to pay a quarterly retainer. The specific fee would be  negotiated to achieve the City’s desired level of service, and would likely fall in the $9,000‐12,000 per year.  These retainer arrangements can be flexible to cover hourly work associated with smaller financings (to  include equipment leases), and broad enough to contemplate commission briefings or workshops, debt  management policy review/update and other projects as requested.  Please note this is NOT a requirement of  the proposal but an option to provide the City flexibility.  Note 2: PFM only charges transaction related expenses.  PFM proposes a flat fee of not to exceed $500 per  transaction to cover all out of pocket expenses.                48 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  5. Bond Issue Fees:   5 Bond Issue Fee based on percent of bond issue or other 0.95% up to $25 million  0.80% for par b/w $25 and $50 million  0.50% for par in excess of $50 million  Comments: PFM proposes a minimum fee per transaction of $17,500 and a maximum fee per transaction of $65,000.    Structured Products, Investment Advisory, and Arbitrage Rebate Services  The financial advisory compensation proposed above does not apply to services related to procurement of bond  proceeds investments or other structured products, investment management, or arbitrage rebate.  Fees for these  special services shall be negotiated as a function of the complexity of the proposed engagement and the specific  scope of services outlined.  PFM Asset Management LLC, registered investment advisor, is prepared to offer the  City its full range of structured products, investment management and arbitrage rebate compliance services.  This  might include the procurement of structured products or other investment securities for a bond construction  account or refunding escrow.  If needed, these services would be performed by PFM Asset Management LLC  pursuant to a separately negotiated letter agreement.  PFM Asset Management LLC fully discloses all fees related  to any transaction.           49 City of Delray Beach Proposal for Financial Advisor Services | RFP #2017-025  Chapter 7. Evidence of Insurance, Professional Licenses, and Certificates  Certificate of Insurance showing coverage, forms, limits. Actual insurance certificates will be required from recommended contractor, prior to award. Submit a copy of all Licenses, Certificates, Registrations, and Permits required to perform the work that Proposer and/or its staff possess. PFM’s Insurance Statement along with Evidence of Insurance Certificates are provided in this section.  PFM is registered as a municipal advisor with the Securities Exchange Commission and MSRB and is aware and  undertakes requirements for individual professional registrations as well.  Provided below is a link to the Security  Exchange Commission (SEC) EDGAR system where both the Form MA  (for the Firm) and Form MA‐I’s (for  individual Registered Reps) can be retrieved.  https://www.sec.gov/cgi‐bin/browse‐ edgar?company=public+financial+management&match=&filenum=&State=&Country=&SIC=&myowner=exclude &action=getcompany&Find=Search   Registered Rep File Number Film Number  James Glover 868‐02680 141093666  David Moore 868‐02680 141093730  Laura Howe 868‐02680 15532935    PFM Financial Advisors LLC is a Pennsylvania corporation.  PFM is licensed to do business in the State of Florida.   Copies of PFM’s charter authorization for the Commonwealth of Pennsylvania and license to do business in the  State of Florida are provided in this section.      Insurance Statement PFM Financial Advisors LLC. (“PFMFA”) is pleased to conform to the insurance requirements as outlined in the RFP. However, due to constraints imposed by the underlying insurer, our policies cannot be endorsed to guarantee notification if coverage is reduced or materially changed. Therefore, PFMFA asserts the following and will be bound by submission of our proposal to the City of Delray Beach. “PFMFA will not materially alter any of the insurance policies currently in force and relied on in this proposal. Further, PFMFA will not reduce any coverage amount below the limits specified in the RFP”. PFMFA has a complete insurance program, including property, casualty, comprehensive general liability, automobile liability and workers compensation. PFMFA maintains professional liability and fidelity bond coverages which total $30 million and $10 million, respectively. PFMFA also carries a $10 million cyber liability policy. Deductibles/SIR: Automobile $250 comprehensive & $500 collision Cyber Liability $50,000 General Liability $0 Professional Liability (E&O) $1,000,000 Financial Institution Bond $75,000 Insurance Company & AM Best Rating Professional Liability (E&O) Endurance American Specialty Insurance; (A:XV) XL Specialty Insurance Company; (A:XV) Continental Casualty Company; (A:XV) Starr Indemnity & Liability Company; (A:XIV) Financial Institution Bond Federal Insurance Company; (A++/XV) Cyber Liability Indian Harbor Insurance Company (A) General Liability Great Northern Insurance Company; (A++/XV) Automobile Liability Federal Insurance Company; (A++/XV) Excess /Umbrella Liability Federal Insurance Company; (A++/XV) Workers Compensation Great Northern Insurance Company; (A++/XV) & Employers Liability INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 11/15/2016 Conner Strong & Buckelew Two Liberty Place 50 S. 16th Street, Suite 3600 Philadelphia, PA 19102 877-861-3220 856-552-6885 PFM Financial Advisors LLC 1735 Market Street 43rd Floor Philadelphia, PA 19103-2770 Great Northern Insurance Compan Federal Insurance Company 20303 20281 AX X X 35363950 11/30/2016 11/30/2017 1,000,000 1,000,000 10,000 1,000,000 2,000,000 Included in General Agg. B XX 73248555 11/30/2016 11/30/2017 1,000,000 B X X 79774080 11/30/2016 11/30/2017 10,000,000 10,000,000 A N 71739979 01/01/2017 01/01/2018 X 1,000,000 1,000,000 1,000,000 A Property 35363950 11/30/2016 11/30/2017 See Limits Listed Below PROPERTY LIMITS: - PERSONAL PROPERTY & EDP BLANKET LIMIT: $7,155,000 - BUSINESS INCOME WITH EXTRA EXPENSE BLANKET LIMIT: $1,960,000 - ACCOUNTS RECEIVABLE BLANKET LIMIT: $530,000 - VALUABLE PAPERS BLANKET LIMIT: $275,000 EVIDENCE OF COVERAGE 1 of 1#S1610532/M1610520 PUBLIFINANClient#: 203700 J5C1 of 1#S1610532/M1610520 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12/1/2016 Crystal & Company Crystal IBC LLC 32 Old Slip New York NY 10005 PFM Financial Advisors LLC 1735 Market Street 43rd Floor Philadelphia PA 19103 Endurance American Specialty Insura XL Specialty Insurance Company Continental Casualty Company Starr Indemnity & Liability Co Everest National Insurance Company 41718 37885 20443 38318 10120 Brian Rozynski 212-504-1882 212-504-1899 brian.rozynski@crystalco.com PUBLFI 1709006975 D E 1000057499161 FL5ML00220161 11/30/2016 11/30/2016 11/30/2017 11/30/2017 A B C Professional Liability FIP10008161701 ELU14750016 596398650 11/30/2016 11/30/2016 11/30/2016 11/30/2017 11/30/2017 11/30/2017 Limit of Liability $30,000,000 Aggregate Limit Evidence of coverage only. THE PROFESSIONAL LIABILITY POLICY IS NON-CANCELABLE BY THE INSURER EXCEPT FOR NON-PAYMENT OF PREMIUM. PFM Financial Advisors LLC 1735 Market Street 43rd Floor Philadelphia PA 19103 City of Delray Beach Agreement 1 | Page Financial Advisory Services AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PFM FINANCIAL ADVISORS, LLC FOR FINANCIAL ADVISORY SERVICES This is an Agreement ("Agreement"), made and entered into by and between: Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as "City," and PFM Financial Advisors, LLC, a Delaware corporation, hereinafter referred to as "Contractor," (collectively referred to as the "Parties"). WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 9, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager, Finance Director or designee. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Contractor and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or City of Delray Beach Agreement 2 | Page Financial Advisory Services determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of City appointed by the Board. 1.5 City Attorney - The chief legal counsel for City appointed by the Board. 1.6 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 Contractor shall perform all work identified in this Agreement and Exhibit "A". The Scope of Services is a description of Contractor’s obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. 2.2 Contractor acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 This contract is in full force and effect upon full contract execution by the City of Delray Beach. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. The term of the Agreement shall be for three years and shall be effective from May 16, 2017 through May 15, 2020 with the option to renew for two additional one-year terms. 3.3 In the event services are scheduled to end due to the expiration of this Agreement, the Contractor agrees that it shall continue service upon written request by the City. The Contractor shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement as amended. The Chief Purchasing Officer shall notify Contractor of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. ARTICLE 4 COMPENSATION 4.1 City will pay Contractor, the fees and payment terms as set forth in Exhibit C, Fees and Payments, which is attached hereto and made a part hereof. City of Delray Beach Agreement 3 | Page Financial Advisory Services ARTICLE 5 INDEMNIFICATION Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentionally wrongful, negligent, or reckless act of, or omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. ARTICLE 6 INSURANCE 6.1 Contractor shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit "B" in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A- VII or better. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. Contractor shall name City as an additional insured under the primary and non-contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is City of Delray Beach, Florida. This official title shall be used in all insurance documentation. 6.3 Within fifteen (15) days of notification of award, Contractor shall provide to City proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the City determines all performance required of Contractor is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit "B." City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior City of Delray Beach Agreement 4 | Page Financial Advisory Services to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. 6.5 If Contractor uses a subconsultant or subcontractor, Contractor shall ensure that each subconsultant or subcontractor names "City of Delray Beach, Florida" as an additional insured under the subconsultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Contractor’s repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Contractor provides a false certification submitted pursuant to Section 287.135, Florida Statutes.This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the “NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. City of Delray Beach Agreement 5 | Page Financial Advisory Services 7.4 In the event this Agreement is terminated for convenience, Contractor shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Contractor shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Contractor to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Contractor shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Contractor represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this City of Delray Beach Agreement 6 | Page Financial Advisory Services Agreement. An untrue representation of the foregoing shall entitle Cityto terminate this Agreement and recover from Contractor all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Contractor grants to City a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the Contract Administrator within eight (8) days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until all documents are received as provided herein. 9.2 PUBLIC RECORDS 9.2.1 IF THE SECOND PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SECOND PARTY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK MAY BE REACH VIA TELEPHONE AT 561-243-7060 OR BY EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. 9.2.2 Contractor shall comply with public records laws, specifically to: i.Keep and maintain public records required by the City to perform the service. ii.Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. iii.Ensure that public records that are exempt or confidential and exempt from City of Delray Beach Agreement 7 | Page Financial Advisory Services public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the City. iv.Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. If the Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.3 INSPECTOR GENERAL. Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its sub licensees and lower tier sub licensees. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. City of Delray Beach Agreement 8 | Page Financial Advisory Services 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Contractor and its subcontractors that are related to this Project. Contractor and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Contractor and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall ensure that the requirements of this Section 9.3 are included in all agreements with its subcontractor(s). 9.5 TRUTH-IN-NEGOTIATION REPRESENTATION Contractor's compensation under this Agreement is based upon representations supplied to City by Contractor, and Contractor certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and 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 City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any City of Delray Beach Agreement 9 | Page Financial Advisory Services business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a “public entity crime” and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 9.7 INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor’s agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: City of Delray Beach Agreement 10 | Page Financial Advisory Services For City: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: City Manager For Contractor: PFM Financial Advisors, LLC 300 South Orange Avenue, Ste., 1170 Orlando, FL 32801 Attn: James W. Glover, Managing Director 9.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 9.11 CONFLICTS Neither Contractor nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor’s loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Contractor’s officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by City of Delray Beach Agreement 11 | Page Financial Advisory Services court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. 9.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's- length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more City of Delray Beach Agreement 12 | Page Financial Advisory Services severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 9.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 9.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 9.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, SECOND PARTY AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. City of Delray Beach Agreement 13 | Page Financial Advisory Services 9.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 PAYABLE INTEREST 9.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 9.21.2 Rate of Interest. In any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 9.22 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. All Exhibits are incorporated into and made a part of this Agreement. 9.23 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this City of Delray Beach Agreement 14 | Page Financial Advisory Services Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 9.25 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. ARTICLE 11 ORDER OF PRECEDENCE The documents listed below are a part of this Agreement and are hereby incorporated by reference. In the event of inconsistency between the documents, unless otherwise provided herein, the terms of the following documents will govern in the following order of precedence: A. Terms and conditions as contained in this Agreement; B. RFP No. 2017-025, Financial Advisory Services, dated January 16, 2017, and all its addenda; C. Contractor’s response to RFP No. 2017-025, Financial Advisory Services, and any subsequent information submitted by Contractor during the evaluation and negotiation process. (The remainder of this page is intentionally left blank.) City of Delray Beach Agreement 15 | Page Financial Advisory Services IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the _____ day of _________________, 20__, and Contractor, signing by and through its _________________________, duly authorized to execute same. ATTEST:CITY OF DELRAY BEACH, FLORIDA _______________________________ Kimberly Wynn, Interim City Clerk By____________________________ Cary D. Glickstein, Mayor ____ day of ______________, 20___. APPROVED AS TO FORM: _______________________________ R. Max Lohman, City Attorney City of Delray Beach Agreement 16 | Page Financial Advisory Services AGREEMENT BETWEEN DELRAY BEACH, FLORIDA AND PFM FINANCIAL ADVISORS, LLC SECOND PARTY By______________________________ WITNESS: (Signature) ______________________________ ____________________________ (Printed name, Title) (Signature) ____ day of ______________, 20___ ____________________________ (Printed name) WITNESS: ____________________________ (Signature) ____________________________ (Printed name) (SEAL) City of Delray Beach Agreement 17 | Page Financial Advisory Services EXHIBIT A SCOPE OF SERVICES A.SERVICES RELATED TO FINANCIAL PLANNING 1.Provide the City with comprehensive reviews of its capital structure to include continuous reviews of outstanding indebtedness (bonds, loans, and leases) and provide recommendations relative to the refinancing or early extinguishment of said obligations. 2.Assist the City in designing, implementing, and monitoring of the financing element of the capital improvements plan in connection with the City of Delray Beach Comprehensive Plan which was prepared in accordance with the Community Planning Act. These services include an overall evaluation of all financing sources presently available to the City, including internally generated funds, debt financing, leasing, federal or state grants, private sources, and various combinations of all those sources. 3.The financial advisor shall assist and/or prepare cash flow analyses for each of the various major capital improvements included in the Comprehensive Plan annually. 4.Prepare Comprehensive Financial Plans, as requested, including a debt capacity analysis, debt ratio study, alternatives and innovative financing options, identification of potential revenue sources and methods of financing permitted under Florida law. 5.Provide the City with Financial Advisory Services on any requested financial issue that the firm can provide expert advice on. 6.Provide the City with advice on proposed and actual changes regarding economic development policies, tax laws and financial market developments that could affect the City's financial structure and the impact of such policy on the financial market’s perception of the City. B.SERVICES RELATED TO FINANCIAL MARKETING 1.Provide assistance to the City in broadening the market for its debt. 2.Assist the City with consultations and presentations to rating agencies/credit enhancement providers to secure the most favorable and economical credit rating or to maintain an existing credit. City of Delray Beach Agreement 18 | Page Financial Advisory Services C.SERVICES RELATED TO THE ISSUANCE OF DEBT 1.Develop plans of finance when requested for issuance of debt including identification of revenues available for security, recommended amortization schedule, cash flow analysis, aggregate principal amount of bonds to be issued, the timing of the offering, the definitive structure of the bond issue, and any optional redemption and call provisions. This study will include a review of alternative financing techniques, if applicable, a discussion of rating/credit enhancement issues, a recommendation of the method of sale, and solicitation of proposals for specific consulting services, as necessary. The Financial Advisors will not participate either directly or indirectly as underwriters in the sale of the bonds, nor have any financial interest, directly or indirectly in such sale, except as to compensation paid hereunder by the City. 2.Review of reports to ensure that financial related assumptions are reasonable and that such reports adequately address technical, economic and financial concerns. 3.Prepare a timetable and distribution list for bond issues and assist the City in coordinating meetings and conference calls. 4.Provide advice and assistance, as needed, to the City, bond counsel, and disclosure counsel as to preparation of the necessary bond authorizing ordinance(s) and other proceedings including a Notice of Sale, if required. 5.Assist, as required, with validation of any bond issues through preparation of financial tables and exhibits and the preparation of testimony. 6.Assist the City in preparing its debt issuance for market whether the sale is made through a competitive or negotiated offering or any other type of sale. Through any method of sale, the financial advisor will assist the City’s Disclosure Counsel in the preparation of the preliminary and final official statement that conforms to current acceptable disclosure guideline standards. For competitively bid bond issues: i.3.6.1 Assist the City in preparing the bid documents, including but not limited to the notice of sale. ii.3.6.2 At the time of the sale, advise the City as to the best bid received, based upon the verification of bids, and recommend an award which, in the Financial Advisor's judgment is in the best interest of the City. iii.3.6.3 Assist in bid protest procedures, as needed. For negotiated bond issues: i.3.6.4 Assist in determining the optimal timing of the issue. City of Delray Beach Agreement 19 | Page Financial Advisory Services ii.3.6.5 Assist the City in preparing a Request for Proposal for Underwriting Services, if necessary. iii.3.6.6 Assist the City in preparing presentations to underwriters in order to fully describe the bonds to be issued, when required. iv.3.6.7 Participate in the evaluation of the proposals received with selected City personnel. v.3.6.8 Participate in the "pricing call" and advise the City as to the reasonableness of the components of the underwriter's spread. For other means of bond procurement: As directed by the City. i.Provide for the solicitation of competitive proposals for printing the official statement, bid forms, and paying agent/registrar services. ii.Assist the City in selecting trustees, paying agents and other financial intermediaries, as necessary, and assist in arranging for appropriate bond insurance as required. iii.Advise the City on the condition of the bond market prior to and at the time of the sale of the debt. This activity should address market volume, general economic conditions and competing offerings on a national and statewide basis. iv.Assist the City at the time of sale with the negotiation of the terms of the sale (fees, interest rates and interest rate yields, and redemption provisions) if such sale is negotiated or, if sold at competitive sale, review and verify all bids received by the City. The financial advisor shall also recommend to the City whether such negotiated or competitive proposals should be accepted or rejected for each bond issue and indicate whether the transaction terms are the most beneficial to the City for the type and timing of each transaction. v.Assist the City, as needed, with coordination and supervision of the many events related to the closing for the debt issuance. vi.In the area of short-term financing, provide the City with advice, guidance and assistance in bank loans, leasing, and commercial paper, upon request. vii.The Financial Advisors shall be available to the City to discuss and make recommendations on such other financial matters as requested by the City, and shall be available for formal presentations to the Mayor and Council, as necessary. City of Delray Beach Agreement 20 | Page Financial Advisory Services EXHIBIT B INSURANCE REQUIREMENTS Contractor shall carry the following minimum types of insurance: A.Workers’ Compensation Insurance: with the statutory limits. B.Employers’ Liability insurance: with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C.Comprehensive General Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The Comprehensive General Liability insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and Contractual Exclusions removed. D.Automobile Liability Insurance: with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. E.Errors and Omissions Insurance: with limits of not less than five million dollars ($5,000,000). F.Commercial Crime Liability Insurance: with limits of not less than five million dollars ($5,000,000). All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A-VIII or better. All insurance policies shall name the City of Delray Beach as an additional insured. The Contractor agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the Purchasing Department located at 100 N.W. 1st Ave., Delray Beach, FL 33444. City of Delray Beach Agreement 21 | Page Financial Advisory Services EXHIBIT C FEES AND PAYMENTS A. EXPENSES Contractor will only charge the City for bond transaction related expenses to include, but not be limited to, travel. All expenses must be preapproved by the City Manager in writing or they will not be eligible for reimbursement. A flat fee of not-to-exceed $500 per transaction to cover all out of pocket expenses will apply. In accordance with and pursuant to the City’s procurement code and subject to the limitations set forth below, reasonable expenses, which are directly attributable to a bond transaction may be charged at no more than actual cost. The maximum sum which may be charged for expenses shall not exceed Five Hundred Dollars ($500) per bond transaction and shall be limited to the following: a. Identifiable transportation expenses in connection with a bond transaction, subject to the limitations of Section 112.061, Florida Statutes. Transportation expenses to locations outside the Miami-Dade/Broward/Palm Beach County area or from locations outside the Miami-Dade/Broward/Palm Beach County area will not be reimbursed unless specifically authorized in advance and in writing by the Contract Administrator. Transportation expenses to and from locations within the Miami-Dade/Broward/Palm Beach County area will not be reimbursed. b. Cost of printing which is required by or of Contractor to deliver services set forth in this Agreement. A detailed statement of expenses must accompany any request for reimbursement. Expenses other than auto travel must be documented by copies of paid receipts, checks, or other evidence of payment. Contractor acknowledges that the dollar limitation set forth in Section 4.2.1 is a limitation upon, and describes the maximum extent of, City’s obligation to reimburse Contractor for expenses, but does not constitute a limitation, of any sort, upon Contractor’s obligation to incur such expenses or perform the services identified B. BOND TRANSACTION FEES Bond Issue Fee Based on Percent of bond issue or other 0.095% up to $25MM 0.080% for par between $25MM and $50MM 0.050% for par in excess of $50MM Minimum transaction fee shall be $17, 500 and maximum transaction fee shall be $65,000. C. HOURLY FEES FOR FINANCIAL ADVISORY SERVICES Hourly fees will apply for all financial advisory services requested by the City which are not directly related to a bond transaction. Hourly fees shall be as follows: Fee per hour $200 blended hourly rate City of Delray Beach Agreement 22 | Page Financial Advisory Services D. Exclusion The financial advisory compensation as stated in Items B and C above do not apply to services related to procurement of bond proceeds investments or other structured products, investment management or arbitrage rebate. Fees for these special services shall be negotiated as a function of the complexity of the proposed engagement and the specific scope of services required by the City. If required by the City, these services would be performed by Second Part pursuant to a separately negotiated letter agreement. {Remainder of page intentionally left blank] City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-262,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Chief Neal de Jesus, Interim City Manager DATE:May 16, 2017 AWARD OF AN AGREEMENT TO LANIER PARKING METER SERVICES, LLC D/B/A LANIER PARKING SOLUTIONS FOR COMPREHENSIVE PARKING MANAGEMENT SERVICES IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $656,308.84 (ADDENDUM) Recommended Action: Motion to Award an agreement to Lanier Parking Meter Services, LLC d/b/a Lanier Parking Solutions in an annual not-to-exceed amount of $656,308.84 for Comprehensive Parking Management Services. Background: On August 19, 2016, a Request for Proposals No. 2016-107 was advertised for Comprehensive Parking Management Services. On December 6, 2016 City Commission approved the ranking and authorized staff to negotiate an Agreement with Lanier Parking Meter Services, LLC D/B/A Lanier Parking Solutions (Lanier). Staff elected to utilize the Management Services Fee plus Expenses model for this Agreement. Under this option, Lanier will be paid a flat fee for management services plus direct operating expenses to be reimbursed by the City. All expenses must be pre-approved by the City and will require detailed expenditure data and supporting documentation with the payment request. Staff was successful in negotiating an $18,000 credit from Lanier toward equipment purchases and lowering the interest rate on amortized equipment from 9.35% to 6.99%, as well as removing the costs for non-essential line items such as additional parking boots, a consulting service fee, an additional pressure washer, and office furniture. The City agreed to directly purchase various items such as cell phones and office equipment rather than reimburse Lanier, further reducing expense costs. Negotiations also included increasing Lanier's staffing for special events and enforcement to ensure adequate coverage and execution of responsibilities. The expense budget was also modified to include additional wayfinding signage for locating the parking facilities. Under this Agreement, Lanier's annual flat fee for management services will be $30,000 per year, and the reimbursable expenses are not-to-exceed $580,000 per year, which includes a total not-to- exceed amortized amount of $46,308.84 per year for the purchase of capital equipment throughout the agreement term and an additional $5,000 per year for a performance incentive bonus. The incentive bonus is subject to Lanier meeting key performance indicators set forth by the City. The City is projecting over $2,500,000 per year in net revenues for parking during the agreement City of Delray Beach Printed on 5/15/2017Page 1 of 2 powered by Legistar™ File #:17-262,Version:1 term. This recommendation complies with the City Code of Ordinances, Chapter 36, Section 36.02 (A)(2), “ Request for Proposals, Requests for Qualifications, Requests for Letters of Interest .” City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 001-3151-545.34-90 (General Fund: Other Contractual Services). City of Delray Beach Printed on 5/15/2017Page 2 of 2 powered by Legistar™ Response to Solicitation RFP No. 2016-107 Comprehensive Parking Management Services City Delray Beach Bijan Eghtedari Lanier Parking President bijan@citizensparking.com 404-881-6076 (f)404-881-6077 mydelraybeach.com/PAYPARKING PP A R K I N G PUBLIC PUBLICPARKING Call 1-877-XXX-XXX Welcome to BEACHDELRAYCITY OF mydelraybeach.com/PAYPARKING Response to RFP No. 2016-107 Comprehensive Parking Management Services Chapter 1 Letter of Intent Exhibit I Bid Bond Chapter 2 Statement of Organization Chapter 4 Forms B - D Chapter 5 Form E Chapter 6 Proposal Response Requirements Chapter 7 Licenses & Certificates CONTENTS PAGE 1 PAGE 5 Chapter 3 Minimum Qualifications PAGE 8 PAGE 15 PAGE 17 PAGE 19 PAGE 132 Response to RFP No. 2016-107 Comprehensive Parking Management Services Chapter 1 September 30, 2016 ATTN: Mr. Ryan Lingholm Buyer (Purchasing) lingholmr@mydelraybeach.com City of Delray Beach Environmental Services 434 S. Swinton Avenue Delray Beach, FL 33444 Re: City of Delray Beach, FL / Solicitation 2016-107 / Comprehensive Parking Management Services Dear Mr. Lingholm: Lanier Parking Solutions (“Lanier”) is pleased to present the enclosed proposal to provide Comprehensive Parking Management Services while helping to develop, manage, enhance and inspire the City’s public parking program(s). We thank you for this exciting opportunity to participate in the growth and evolution of the City of Delray Beach, and are ready to be at your service! Delray Beach is a highly popular destination for residents, tourists and visitors alike. With these groups in mind, focusing on the City’s Beach Area, Central Core and West Atlantic Neighborhood with their businesses, restaurants, visitors and residents in the downtown area that help drive the City’s economic base, we have forged a forward-thinking, ambassador-based, user-friendly operational Plan and Proposed Solution, tentatively called “Park Delray Beach” (TBD by the City in its sole discretion), as a model of customer service, operational excellence and advanced technology; for all end-users to enjoy, access and utilize seamlessly. Beyond Parking Management 101… There’s no room for a status quo approach in Delray Beach! We read and digested the contents of the RFP and Addenda, as well as the comprehensive report from Kimley-Horn, and visited the City multiple times during our due diligence. Indeed, the City would benefit greatly from a coordinated, comprehensive parking management program and communications effort (including authentic stakeholder engagement) to accommodate its objectives from and after this RFP. Lanier is committed to perform these services in accordance with the requirements outlined in the RFP. Moreover, our approach for Delray Beach goes well beyond the traditional premise of managing the City’s new parking program. We strive to become an extension of the City itself, as Parking Ambassadors, fostering a positive public message, becoming part of the fabric of the City, using our advanced parking management techniques, technology tools and best practices to lead the way; operating from a place of passion, Standard Operating Procedures, efficiency and excellence. Lanier will provide the City with comprehensive, ongoing executive-level and Subject Matter Expertise through our local Florida-based operational experts, Fred Bredemeyer and Jeff Crimmins, as well as Steve Resnick, CAPP, SVP, and Kerry Loomis, Director of Municipal Operations, from our dedicated Municipal Division. This dynamic team will optimize the City’s success in all present and future parking endeavors. 1 Response to RFP No. 2016-107 Comprehensive Parking Management Services We have chosen to enhance our service offering to the City by incorporating the services of Dixon Resources Unlimited (“DIXON”). With over 25 years of parking and transportation management experience, Julie Dixon, our designated WBE partner, will enhance Lanier’s comprehensive parking management platform and expertise with an important third party audit and asset management function, as well as provide a transition management role and client-advocacy capacity. Please consider this a belt and suspenders to our proposed solution for the City! Lanier is actively involved in IPI, NPA, FPA and other civic, business and professional organizations. We are keenly focused on the advancement of public sector parking programs through ongoing investments in professional education, authentic stakeholder engagement, audit-driven back-end processes, and the integration of new technology; all which result in continuous program improvements on behalf of our clients. In addition to our significant base of operations and infrastructure throughout the State of Florida (under the Lanier Parking, pk1 and Ameripark brands), all wholly owned firms), this thoughtful approach to parking management enables our firm to deliver fully accountable, customer-service driven parking operations that are anything but status quo. We greatly value this opportunity to be of service to the City of Delray Beach. We are hopeful to take the next steps in creating a collaborative and transparent working partnership with the City, and look forward to a continuing dialogue. We hereby affirm the individuals below are duly authorized by Lanier Parking to bind the Contractor to this proposal, and proudly stand behind all representations made within it. Should you have any questions regarding our proposal, please do not hesitate to contact us for an immediate response. Sincerely, Bijan Eghtedari President, Citizens Parking 12000 Biscayne Boulevard, Suite 707 Miami, Florida 33181 (404) 881-6076 Phone / (404) 881-6077 Fax Bijan@citizensparking.com Additional Support Team Contacts Fred Bredemeyer Jeff Crimmins Florida Division Leader Regional Manager (305) 891-1762 (404) 879-7625 fbredemeyer@lanierparking.com jcrimmins@lanierparking.com Steve Resnick, CAPP Kerry Loomis Senior Vice President Director of Municipal Operations (818) 943-0390 (910) 264-7784 SResnick@GOVTParking.com KLoomis@GOVTParking.com 2 City of Delray Beach RFP No. 2016-107 Page 45 Comprehensive Parking Management Services Form A - Proposal Submittal Signature Page By signing this Proposal, the Proposer certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Identification Number: Acknowledged by: Firm Name Signature Date Printed Name and Title By signing this document, the Proposer agrees to all terms and conditions of this RFP which includes the Sample Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF Proposer TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE Proposer TO THE TERMS OF ITS PROPOSAL. (Remainder of page intentionally left blank) Lanier Parking Meter Services, LLC, dba Lanier Parking Solutions 233 Peachtree St. Harris Tower, Ste. 2600 Atlanta, GA 30303 (404) 881-6076 (404) 881-6077 bijan@citizensparking.com 20-0123013 Lanier Parking Solutions Bijan Eghtedari, President 9/9/2016 City of Delray Beach RFP No. 2016-107 Page 46 Comprehensive Parking Management Services Form A - Signature Authority Indicate below Proposer’s type of organization and provide the required documentation as applicable to demonstrate that the executor of Proposer’s Proposal is duly authorized to execute on behalf of, and as the official act of, Proposer. Select Type of Organization Officer Who Signed Proposal Submittal Signature Page Required Authorizing Documentation Corporation President, Vice President, or Chief Executive Officer None Corporation Director, Manager, or other title Corporate resolution Limited Liability Company (LLC) – Member-Managed Member Articles of Organization or Operating Agreement Limited Liability Company (LLC) – Manager-Managed Manager Articles of Organization or Operating Agreement Limited Partnership General Partner Document demonstrating the legal authority to bind the Limited Partnership Partnership Partner None CEO, Director, Manager or other title Authorizing documentation Individual Individual None Documentation is not required. The required authorizing documentation is included with Proposal. X X Response to RFP No. 2016-107 Comprehensive Parking Management Services Lanier has provided the following information as to adhere to Section 2, Item 2 of the RFP “Proposer’s Statement of Organization.” A.Legal contracting name including any dba Lanier Parking Meter Services, LLC dba Lanier Parking Solutions B.State of organization or incorporation Georgia C.Ownership structure of Proposer’s company Limited Liability Company D.Federal Identification Number 20-0123013 E.Contact information for Proposer’s Corporate headquarters 233 Peachtree Street NE Harris Tower, Suite 2600 Atlanta, Georgia 30303 (404) 881-6076 F.Contact information for Proposer’s Local office (if any) 12000 Biscayne Boulevard Suite 707 Miami, Florida 33181 (305) 891-1762 G.List of officers, owners and/or partners, or managers of the firm. Include names, addresses, and phone numbers Jerry Skillett, CEO Bijan Eghtedari, President 270 Madison Avenue 233 Peachtree Street NE Suite 200 Harris Tower, Suite 2600 New York, New York 10016 Atlanta, Georgia 30303 (212) 843-1506 (404) 881-6076 Statement of Organization 2 5 Response to RFP No. 2016-107 Comprehensive Parking Management Services H. Any additional organizational information that Proposer wishes to supply to augment its proposal In 2014 Lanier Parking Solutions joined Citizens Parking, a platform of leading parking operating companies in the U.S. The Citizens platform includes Citizens ICON Holdings and Citizens Lanier Holdings. Citizens ICON Holdings include two premier parking brands, ICON Parking and Quik Park, both based in New York City. Citizens Lanier Holdings includes three premier parking brands: Lanier Parking Solutions, Pk 1, and AmeriPark. Lanier is the Southeast’s leading full- service parking management brand, Pk1 is Florida’s premier residential parking brand, and AmeriPark is the nation’s top retail parking brand. Lanier also manages high-profile special events, managing parking and transportation needs for events such as the 2000 Democratic National Convention in Los Angeles, the 2015 Pan American Games, the 2002 Salt Lake City Winter Olympics, the 2010 Paralympic Games in Vancouver, PGA Championships, and other numerous local and international events. Lanier is committed to going beyond traditional parking management, and became the first U.S. parking company to create an Alternative Transportation Division. Lanier champions alternative transportation solutions such as commuter programs, car and bike sharing, and public/private partnerships that address transportation challenges, such as the Atlanta Streetcar project. Today, with more than 1,100 locations under management, 7,000 employees and collection of more than $750MM in annual parking revenues, Citizens Parking Holdings (“Citizens”) is one of the largest and most highly regarded parking management companies in the United States. Citizens’ brands include five (5) distinct firms and a highly specialized Municipal Parking - Public Sector Management Division as follows: Lanier Parking Solutions: an industry-leading parking management firm with comprehensive experience in municipal and private sector parking management and transportation operations; AmeriPark: the national leader in hospitality and retail valet operations; Icon Parking: An iconic brand in itself; the largest parking operator and premier parking brand in New York City; PK1: The leader in Southern and Central Florida residential and hotel valet operations; Quik Park: A leading specialist in planning, design, construction and parking management solutions. Each of our firms/brands and Divisions is committed to excellence in our operations and maintaining a culture of exceptional people that provide exceptional service! 6 Response to RFP No. 2016-107 Comprehensive Parking Management Services I. Contact information for Proposer’s Primary representative during this RFP process Bijan Eghtedari President, Citizens Parking 233 Peachtree Street NE, Harris Tower, Ste. 2600 Atlanta, GA 30303 (404) 881-6076 Phone / (404) 881-6077 Fax Bijan@citizensparking.com J. Contact information for Proposer’s Secondary representative during this RFP process Fred Bredemeyer Florida Division Leader 12000 Biscayne Boulevard Suite 707 Miami, Florida 33181 (305) 496-2990 fbredemeyer@lanierparking.com 7 Response to RFP No. 2016-107 Comprehensive Parking Management Services Each proposer shall submit information and documentation requested that confirms it meets the following qualification requirement(s): i. Must be registered with the States of Florida, Division of corporations to do business in Florida. No documentation is required. The City will verify registration. ii. Has at least five years of experience in parking management services that includes revenue collection and parking enforcement. No documentation is required. The City will verify with qualifying organizations listed in Item iii below. iii. Must have provided parking management services for four organizations, each with a minimum of 2,000 spaces managed by Proposer since August 1, 2009. Proposer must have provided revenue collection and parking enforcement services to a minimum of one of the qualifying organizations for a period equal to five years. Provide the requested information below for each of the four organizations. (1) Name of the parking facility (2) Location of the parking facility (3) Name of owner (4) Contact name (5) Contact phone number (6) Contact email address (7) Dates of service (Begin/End) The following pages are a sample of Lanier’s ongoing experience with municipal on and off-street parking management programs and operations; meeting all the criteria outlined above in #’s 1-7. We also provide a relevant private sector reference, Atlantic Station, to further demonstrate Lanier’s diverse experience in parking management. Minimum Qualifications 3 8 Response to RFP No. 2016-107 Comprehensive Parking Management Services City of Myrtle Beach, SC 2,400 spaces Lanier began managing the City’s first on-street parking operation in March 2004. This seasonal operation runs from March 1st - September 30th while accommodating 13 million visitors each year to the area. Lanier is responsible for maintaining all parking equipment, parking enforcement, violation citations, revenue controls approved by the City’s auditor, and delivering exceptional customer service to all residents and visitors. Below is a summary of the improvements Lanier implemented to effectively increase the level of revenue controls, equipment functionality, and service standards for the City of Myrtle Beach: Lanier expanded the program to 17 pay-stations (437 parking stalls) and 1,513 parking metered spaces for a total of 1,950 paid parking spaces. Installed 17 new Digital pay stations that include a PCI-certified EMS platform–EMS allows for real- time credit card processing, remote reporting and alarm monitoring. After moving our pay stations to real-time, revenues increased by 10% over the previous year. Lanier worked closely with Digital to alter their software to include a pay-by-license plate payment option to manage the thousands of bikers that gather in Myrtle Beach each May for biker rallies. Designed and implemented a new booting program for the City to effectively enforce parking regulations and collect past due citations. Partnered with Park-by-Phone to implement the area’s first cellular phone payment option for parking – Park-by-Cell use has increased 47% since 2009. Upgraded the current Clancy citation operating system to a web based portal with better handheld devices and added photo enforcement. The upgrade included all current and previous data being stored and secured at a remote location. The database also has the ability to integrate with the Park-by-Phone platform. Issuance of cellphones to Lanier ambassadors with Bluetooth printing technology for expedited and accurate citation distributions. IPS credit card processing meters were deployed in 2013 after a successful trial season in 2012. Contact: David Sebok, Executive Director Dates of Service: March 2004 - Present (843) 918-1065 dsebok@cityofmyrtlebeach.com 9 Response to RFP No. 2016-107 Comprehensive Parking Management Services City of Wilmington, NC 2,793 spaces Lanier was successfully awarded the parking management contract for the City of Wilmington, NC, in February 2008. Lanier provides parking management solutions for all City-owned parking facilities and surface lots, as well as their turn-key on-street parking program: including enforcement, collections, maintenance, and citation processing. Lanier’s performance in the first year exceeded expectations as we increased revenue over the previous Operator by a substantial amount. Below is a summary of the improvements Lanier implemented to effectively increase the level of revenue controls, equipment functionality and service standards for the City of Wilmington: Lanier purchased and later amortized the cost of new pay-stations to allow for proper collection of parking revenues–revenues at one particular location increased by nearly 14% over the previous year. Lanier upgraded to T2 citation handhelds with a LCD color touch screen and a digital camera– digital photographs of violations are linked directly to the citation in a web-enabled database. Implemented a pay-by-cell platform integrated with multi-space meters. For FY13 there were 46,483 pay by phone transactions and 16,675 pay by phone users. Purchased money drop safes for each parking booth and upgraded the reporting software to increase reporting capabilities. Lanier determined that set parameters (approved by the City) were not installed or had been removed from all the parking meters–each meter was reprogrammed and audited, enabling customers to receive their deserved benefits. Lanier repaired several damaged poles and tightened existing meter heads to prevent theft and improved overall appearance. In 2012, Lanier purchased and paid for a substantial upgrade to the current Scan Net operating system that allows the City decks to accept PCI-compliant credit card payments from parkers. At Lanier’s recommendation, City Council voted to have the parking decks charge for parking 24/7. This enabled the City to capture 100% of the revenue within the current fee schedule. Lanier changed the rate schedule for daily, hourly, and special event parkers. These combined changes resulted in a 103% increase in transient revenue. Lanier set up the secure transfer of DMV records directly to the T2 system, in order to improve the turnaround time for DMV record updates. Lanier collaborated with the City to implement an Identification Placard program for use by Wilmington Police Department to use in unmarked cars that are on official business. Over the past seven years, Lanier Parking has taken pride in partnering with the City of Wilmington to enhance the parking experience for visitors and residents. Lanier continues to provide proven solutions that not only increase revenue by elevating our customers’ experience, but develop technologically- advanced methods such as pay-by-cell and credit card acceptance for added convenience. Contact: Betty Gurganus, City Parking Manager Dates of Service: February 2008 - Present (910) 342-2786 betty.gurganus@wilmingtonnc.gov 10 Response to RFP No. 2016-107 Comprehensive Parking Management Services City of Roanoke, VA 4,136 spaces Lanier was selected in 2002 to manage the City of Roanoke’s PARK Roanoke Operation and was selected again in 2006 and 2012. The operation consists of five surface lots and seven garages. The garages have 25 gates with 11 entry and exit lanes. It is a 24/7 parking operation and Lanier provides over 40 full and part-time employees. Below is a summary of the services and accomplishments Lanier has delivered for the City of Roanoke: Installed Federal APD equipment and utilized ScanNet software in all of the facilities which aided in an increase in revenue and control over monthly parking usage. Created and implemented full service maintenance and preventative maintenance programs and participated in creating a capital improvement program for all garages. Managed contracts for elevator service, fire protection services, and snow removal. Implemented PARIS, which allows customers to receive invoices and management to track payments and collection activities. The PARK Roanoke operation has a 98% collection rate. Expanded the PARK Roanoke operation by participating in the Market Garage repair and expansion project and building of the Campbell Garage -the City’s first design-build project. By increasing revenue, executing a maintenance program, and implementing a marketing plan, Lanier has been able to keep the City’s Parking Fund in the black for ten (10) years. Our staff members promote an environment that places customer security at the top of its list and ensures courteous, prompt, and efficient service to all patrons. Contact: Debbie Moses, Parking Administrator Dates of Service: January 2002 – Present (540) 853-8285 debbie.moses@ci.roanoke.va.us 11 Response to RFP No. 2016-107 Comprehensive Parking Management Services Atlantic Station – Atlanta, GA 6,500 spaces Atlantic Station is one of the largest mixed use developments in the country. Built on what was once Atlantic Steel, this development will total 12 million square feet of entertainment, retail, commercial and residential facilities totaling 6,500 spaces. Lanier Parking has been involved in this development from the beginning, working on demand management studies, economic forecasting, traffic and transportation analyses, DOT tracking and monitoring and the development and implementation of alternative transportation initiatives, including its own Transportation Management Association. Lanier was also instrumental in bringing electric vehicle charging stations and ZipCar to Atlantic Station. Lanier began operations in 2004, the parking garage servicing Atlantic Station is 3 levels located directly underneath the entire footprint of the development. The garage is currently configured with a fully automated operating system with a central cashier station available for paying customers and pay on foot machines located throughout the facility. 21 Entrances. 19 Exits, all of which contain a credit card only pay-in-lane machine Number of Auto and Staffed Pay Stations: 19 Full service pay stations (cash & cc), not staffed. 7 Credit card only pay stations, not staffed. 2 Cashier positions. 1 Dispatcher position (also serves as cashier after hours) In addition to the management of the garage, Lanier provides the following services for Atlantic Station: Manage the cashiering and maintenance programs Collection and enforcement of on-street meters Valet parking services Shuttle transportation services Special event management services Manage the monthly parking contracts for the 3 Class “A” office towers located on-site Customer-Friendly LPR and Command Center Installed Following an extensive analysis, Lanier and the owners selected a new access and revenue control system. The initial phase consisted of installing all new wiring to the various entry/exit/ residential lanes throughout the facility to accommodate 40 license plate recognition (LPR) cameras. An existing parking dispatch office was renovated and converted to a state-of-the-art command center, including a video wall comprised of real-time monitors displaying the new 78 in-lane and pay station cameras. Two command center computer terminals with voice over IP intercom base stations were installed, doubling the number of dispatcher terminals, along with two point-of-sale terminals for guests who wish to pay for parking via a live cashier. Contact: Celeste Bilson, CPM, Associate Director Dates of Service: January 2004 – Present (404) 898-2500 celeste.bilson@cbre.com 12 Response to RFP No. 2016-107 Comprehensive Parking Management Services Please see the following pages for Forms B – D. Forms B - D 4 13 City of Delray Beach RFP No. 2016-107 Page 47 Comprehensive Parking Management Services Form B - Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-Proposer, 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 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Date Printed Name and Title Lanier Parking Solutions Bijan Eghtedari, President 9/9/2016 City of Delray Beach RFP No. 2016-107 Page 48 Comprehensive Parking Management Services Form C - Drug-Free Workplace In the event a tie exists at the conclusion of evaluations, preference will be given to the supplier(s) who certifies it has a drug-free workplace program in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: TIE: Whenever two or more proposals are equal with respect to scoring for the evaluation criteria (e.g., price, experience, quality, service) are received for the procurement of commodities or contractual services, a proposal received from a supplier that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing a tie will be followed if none of the tied suppliers have submitted this Form C and/or have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1)This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2)This firm informs employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3)This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4)In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5)This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6)This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Acknowledged by: Firm Name Signature Date Printed Name and Title Lanier Parking Solutions 9/9/2016 Bijan Eghtedari, President City of Delray Beach RFP No. 2016-107 Page 49 Comprehensive Parking Management Services Form D - Conflict of Interest Disclosure The award of the agreement is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal, the name of any officer, director, or agent who is also an employee or relative of an employee of the City of Delray Beach. Furthermore, all Proposers must disclose the name of any City employee or relative(s) of a City employee who owns, directly or indirectly, an interest in the Proposers firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this contract. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this RFP. Acknowledged by: Firm Name Signature Date Printed Name and Title X Lanier Parking Solutions Bijan Eghtedari, President 9/9/2016 Response to RFP No. 2016-107 Comprehensive Parking Management Services Please see the following page for Form E, Acknowledgement of Addenda. Form E 5 17 City of Delray Beach RFP No. 2016-107 Page 50 Comprehensive Parking Management Services Form E - Acknowledgment of Addenda The Proposer hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP. It is the sole responsibility of the Proposer to ensure that all addenda have been received and receipt of each has been acknowledged. Failure to submit acknowledgement of each addendum issued may result in the Proposer being deemed non-responsive. ADDENDA NUMBER ADDENDA DATE Signature of Proposer’s Agent Title Printed Name Date Addendum No. 1 August 24, 2016 Addendum No. 2 August 29, 2016 Addendum No. 3 September 21, 2016 Steve Resnick, CAPP 9/26/2016 Senior Vice President - Municipal Division Response to RFP No. 2016-107 Comprehensive Parking Management Services A. EXPERIENCE i. Submit a detailed narrative description documenting Proposer’s overall background and experience to include, but not limited to, the following: a. Details of Proposer’s company to include years in business and any experience in parking related specialty services. Lanier Parking was founded in 1989 with a single lot in Downtown Atlanta, GA. Over the years Lanier added more services in parking management and beyond, including municipalities, shuttles, valet, consulting, on and off-street parking privatization, Class-A properties, mixed-use developments and healthcare facilities. Lanier’s history in the State of Florida commenced in 2005, and has grown from one location in Ft. Lauderdale to 250 locations in fifteen (15) Florida cities. Lanier has established itself as a leading parking provider in the Florida market. Lanier Parking Solutions and its affiliates, including pk1 and Ameripark, now operate more than 1,100 locations with 7,000+ employees across the country, with revenue under management exceeding $750 million. Lanier’s parking and transportation management portfolio across the U.S. include commercial office buildings, municipalities (on-street and off-street), hotels, hospitals, medical centers, entertainment venues, mixed-use facilities, surface lots, university campuses and residential buildings. Services include shuttle and transportation systems, valet projects, consulting, and alternative transportation strategies. Citizens Parking Holdings (“Citizens”), Lanier’s parent company, is one of the largest and most highly regarded parking management companies in the United States. Citizens’ brands include five (5) distinct firms and a highly specialized Municipal Parking - Public Sector Management Division as follows:  Lanier Parking Solutions: an industry-leading parking management firm with comprehensive experience in municipal and private sector parking management and transportation operations;  AmeriPark: the national leader in hospitality and retail valet operations;  Icon Parking: An iconic brand in itself; the largest parking operator and premier parking brand in New York City;  PK1: The leader in Southern and Central Florida residential and hotel valet operations;  Quik Park: A leading specialist in planning, design, construction and parking management solutions. Each of our firms/brands and Divisions is committed to excellence in our operations and maintaining a culture of exceptional people that provide exceptional service! Proposal Response Requirements 6 19 Response to RFP No. 2016-107 Comprehensive Parking Management Services Major Market Presence b. Number of employees Lanier and its affiliates have 7,000+ employees across the country. c. Awards, certifications, or other parking related recognition Lanier Parking Solutions is a Bronze Level Partner of the Green Parking Council—an organization that both understands and promotes the necessity of a global shift toward sustainability in the parking industry. For more information about the Green Parking Council, please visit www.greenparkingcouncil.org. 20 Response to RFP No. 2016-107 Comprehensive Parking Management Services d. Experience with Scofflaw collections across state lines The first step in collecting debt from Scofflaws that have an out of state license plate is getting the proper and timely notification to the violator or a rental car company. Passport has partnered with the National Law Enforcement Telecommunication System (“NLETS”) for direct access to motor vehicle and driver’s data in all 50 states. NLETS is a state owned, non-profit aggregator of all state, local, and federal law enforcement, justice, and public safety data. NLETS uses a Multi-Protocol Label Switching for superior connectivity and dependability, providing a minimum of full T1 speed to all its customers with a robust wireless backup capability to all users to ensure network uptime. Additionally, NLETS provides AES 256 bit encrypted connectivity to all member agencies. Through this partnership, Passport will have access to all standard driver license and vehicle data and criminal and Interpol information. When a parking enforcement officer enters an LPN into OpsMan Mobile, the system will query NLETS’ database and OpsMan to check for scofflaw records, if the query returns a series of unpaid citations or other flags, the parking enforcement officer will be prompted to issue a boot or tow warning or take other appropriate action. Additionally, Passport will use NLETS to gather registered vehicle owner information to mail delinquency notices. When citations near a point where an escalation or delinquency notice is required, Passport will batch citations and send them to NLETS. Using the VIN or LPN from the citation, the system will pull registered owner information, including the most recent address. Once the citation has reached the date whereby a notice is required, OpsMan will automatically send the notice to the registered address. Lookups will only be performed on an as-needed basis, ensuring that the requisite owner data is the most up to date. Once a violator is tied to a mailed notice that violator’s information will be attached to the VIN and LPN, and stored as encrypted data for future use in mailed notifications. If Passport receives mail that was returned to sender for an LPN or VIN that was stored in the system, OpsMan will interface with NLETS to check for a more recent address and automatically resend the notice. Lanier’s Enforcement Ambassador will then immediately follow protocol for the approved booting process. Across the United States, Lanier has retained a very high collection rate for its various integrations based on the specific state regulations for acquiring and protecting this information on behalf of its municipal operations. e. Summarize the circumstances if the Proposer has had a municipal contract terminated prior to expiration in the past ten years. If none, provide a statement to that effect. Not applicable. Lanier has NOT had a municipal contract terminated prior to expiration in the past ten years. 21 Response to RFP No. 2016-107 Comprehensive Parking Management Services ii. Submit a details narrative description documenting Proposer’s specific experience including, but not limited to, the following: a. Knowledge of and experience in: (1) Revenue control equipment Revenue Control Equipment One of the most important attributes to consider when selecting a new firm is its familiarity with industry technologies. The Lanier team is familiar with all types of revenue control equipment, including automated on and off-street applications; allowing for best in class parking programs initially upon installation and thereafter. Moreover, Lanier has the proven ability to operate any system available in the industry. From its inception, Lanier has been on the forefront of recognizing and implementing advancements in technology that improve our clients’ bottom lines. Lanier team leaders attend local, regional and national parking conferences to make certain we stay in- the-know regarding the latest in technology, including this year’s IPI Conference in Nashville and NPA Conference in Atlanta. We view this involvement as a critical component of our client responsibilities. Our clients have benefited tremendously as a result of our efforts to put in place the most applicable technology solutions for their environment and customers. These technological upgrades have not only improved client bottom lines, but have also enhanced the customer’s experience. Relationship with Equipment Suppliers As a leading Parking Management provider, Lanier has partnered with a number of equipment firms to provide our customers cutting-edge equipment at the lowest possible cost. Our team can obtain equipment and technology quotes that provide solutions to meet the objectives of the City’s parking operations; now and in the future. It is our goal to create a collaborative relationship to determine the solutions that best fit the City’s parking programs. As the City’s trusted parking partner and advisor, Lanier will work closely with the City to assist in the procurement, installation, and utilization of parking equipment and technology that enhances its operations and increases its revenue potential for years to come. In addition, our equipment partners understand the importance of servicing the equipment and have committed to Lanier the highest level of service, response, and quality craftsmanship in the industry. 22 Response to RFP No. 2016-107 Comprehensive Parking Management Services (2) Multi-space parking equipment and technology We have over 100 locations that utilize multi-space technology. Each one of our locations can install, maintain and collect paystations. To further expand, following is a summary of the improvements Lanier implemented to effectively increase the level of revenue controls, equipment functionality, and service standards for the City of Myrtle Beach, SC: Lanier expanded the program to 17 pay-stations (437 parking stalls) and 1,513 parking metered spaces for a total of 1,950 paid parking spaces. Installed 17 new Digital pay stations that include a PCI-certified EMS platform–EMS allows for real-time credit card processing, remote reporting and alarm monitoring. After moving our pay stations to real-time, revenues increased by 10% over the previous year. Lanier worked closely with Digital to alter their software to include a pay-by-license plate payment option to manage the thousands of bikers that gather in Myrtle Beach each May for biker rallies. Designed and implemented a new booting program for the City to effectively enforce parking regulations and collect past due citations. Partnered with Park-by-Phone to implement the area’s first cellular phone payment option for parking – Park-by-Cell use has increased 47% since 2009. Upgraded the current Clancy citation operating system to a web based portal with better handheld devices and added photo enforcement. The upgrade included all current and previous data being stored and secured at a remote location. The database also has the ability to integrate with the Park-by-Phone platform. Issuance of cellphones to Lanier ambassadors with Bluetooth printing technology for expedited and accurate citation distributions. IPS credit card processing meters were deployed in 2013 after a successful trial season in 2012. (3)Single-space parking equipment and technology Similar to the background we have with multi-space equipment (referenced above) Lanier has in-depth experience using single space meters and related technologies. We have worked various manufacturers including, but not limited to: Duncan, IPS, POM, Mackay and others, to enhance our public sector clients’ parking operations. Please see our municipal references, many of which have a primary on-street emphasis that include single-space meters and related technology integrations. Please see our references and success stories herein for more details. 23 Response to RFP No. 2016-107 Comprehensive Parking Management Services (4) License plate recognition technology LPR is a highly efficient way to enforce a municipal or private sector parking program, as it significantly reduces the number of Parking Enforcement Officers required to manage the program. LPR can also be a stationery application in garages, and is used for bulletproof inventory control. Atlantic Station, a Lanier private sector reference for this proposal based on the diverse and large scale operation at the project (nearly 7,000 spaces), is the largest single underground parking facility in North America utilizing a LPR-enabled parking access revenue control system. The system uses information obtained from the LPR database to track vehicle activity in and out of the garage. With a valid plate registered in the LPR system, monthly parkers can enter and exit the garage without the need for an access card. When the LPR system recognizes the plate as a registered monthly parker, the information is passed to the system within seconds, granting access for the parker. In addition to the convenience for monthly parkers, Lanier Parking can track and block specific license plates as requested by the Atlantic Station safety and security department. Utilizing LPR technology in conjunction with the new system has eliminated all the loopholes mentioned earlier. The optimum LPR system should supply all the hardware and software necessary to create an efficient, secure, real-time, LPR-focused enforcement solution that enables the use of virtual and/or traditional permits using fixed or vehicle-based mobile LPR cameras. The system should not require interaction with ALPR camera software, but have a direct integration that reduces the system complexity, increases functionality, and improves officer usability. The same software used to identify vehicles should be the same that is used for enforcement with those vehicles. All of the functionally available in the enforcement handheld should be available in in-vehicle LPR software. A proposed enforcement module should offer a license plate-based validation system that supplies the ability to provide location and vehicle-based validations. Functionality should include the following: Kiosk application for vehicle registration Location and license plate restrictions to help prevent abuse Real time update of validation status on handheld and vehicle enforcement units Multiple validation types supported including time based (2 hours free), reduced rate ($3 off), flat rate ($5 all day), and prepaid validation Validation usage reports Departmental or customer billing for validation usage 24 Response to RFP No. 2016-107 Comprehensive Parking Management Services (5) Parking sensor technology Lanier has experience using Parking Sensor Technology. We currently use Parking Sensors at Atlantic Station (a Lanier reference herein), and we are currently in the midst of two (2) separate installations at our Emery Point, and 736 Peachtree Street locations in Atlanta. Parking Sensors have been considered controversial in some cities, as constituent groups tend to believe they are a modern method for enabling mass enforcement. The equivalent of shooting fish in a barrel so to speak… Indeed, Parking Sensors are a modern solution for determining parking occupancy, predictive occupancy and compliance, demand-based pricing, enforcement routing and computer vision to detect occupancy. Parking data from these sensors is often used to question assumptions regarding technologies and parking policies, and to improve returns on investment. (6)Smart-phone parking Apps Lanier will work with ParkMe and other parking aggregators such as ParkingPanda and ParkWhiz to ensure the City’s facilities are listed and updated routinely (with rates, hours etc.), as additional means to attract transient parkers. Mobile Ambassador Lanier Parking Solutions introduced the Mobile Ambassador program in 2010. The Mobile Ambassador is a text-based messaging system that includes a fully-functional mobile formatted website. By texting a keyword to 55834, patrons will receive an instant response directing them to the site, which can be custom-built to offer hours, rates, contact information, video, FAQs, RSS/blog feeds, interactive directions and mapping. This mobile ambassador is cost-effective and has a viral capacity as the keyword can be shared or “pushed” between individual mobile phones. Mobile Ambassador also provides opportunities to mine data by building a database of mobile numbers that have interacted with Mobile Ambassador. The site also provides opt-in email and share capabilities with social media and website RSS feeds. Mobile Payments Lanier has chosen to propose Passport smart-phone parking apps for mobile payments. Passport’s mobile payment for parking system is designed to increase revenue by improving the compliance rate and increasing the average transaction size. Efficiency gains are realized by reducing merchant processing costs and shifting traffic from expensive hardware systems onto a future-proof mobile system. 25 Response to RFP No. 2016-107 Comprehensive Parking Management Services Creating opportunities for higher average transaction amounts yields an increase in revenue: When starting a “session” on a Passport-built system, the user is prompted to pick a time to stay on a ‘shortcuts’ screen, with predetermined blocks of time as options before they get to a more granular time picker screen. By making ‘Max Rate’ the first option encountered, users are more likely to pay for a longer period of time and thus have a larger average transaction value than they would at the meter or on another mobile payment system (revenue gain). Passport can also enable tools to further incentivize larger transaction sizes, such as waving the convenience fee if the parker elects to stay for the maximum allowed duration (revenue gain). Or, Passport can enable free extensions so parkers can extend their sessions up to the stated limit without barriers such as additional fees to consider (revenue gain). In the latter example, Passport can process the extension without an additional credit card charge or more credit card fees, unlike other providers (efficiency gain). (7)Garage maintenance equipment Our maintenance programs are designed to reduce the expenses of our clients and increase their net receipts. Consistent and preventive maintenance practices on equipment to maintain our clients’ parking facilities is paramount to controlling expenses and projecting a first class image. To properly manage the Delray Beach parking program, Lanier recognizes stringent management and tight asset controls need to be in place to protect and secure the City’s parking infrastructure (including new equipment). Lanier understands and has in-depth experience operating and maintaining different types of Garage Maintenance Equipment, from scrubbers and sweepers, to pressure washing machines and ventilation fans. Lanier will adhere to the operational and maintenance standards set forth by the City of Delray Beach, from repair and maintenance, to revenue control procedures. We will also be prepared to address any future garage maintenance equipment needs on behalf of the City. 26 Response to RFP No. 2016-107 Comprehensive Parking Management Services b.Background in: (1)Parking meter collections Collections of Parking Pay Stations Monies and Accounting Lanier and its affiliated group of companies account for more than $750MM in annual parking revenues. Among other integrated platforms that are part and parcel of various meter manufacturers’ back-end systems, Lanier uses an integrated, computerized accounting system and accompanying revenue control protocol that account for all revenue, payroll, accounts payable, location and contract management and reporting functions. Lanier’s stringent revenue control platform and corresponding procedures ensure that our Management Personnel and front-line team members have individual accountability for their work. In addition, Revenue Control for the City’s operations will be assured through: Proper training and review of employees Consistent supervision both on-site and off-site Institution of comprehensive equipment and maintenance programs A system of records designed to create an audit trail We implement a cross-referenced series of procedures and reports detailing all revenue and traffic activity (optional). Single transactions are linked to the entire system, which creates continuity and a complete picture. If a transaction is missing, the system allows the missing transaction to be identified and traced. All on-site personnel will work with the General Manager and our corporate accounting staff to ensure that all accounting issues are addressed, and all accounting information is processed in accordance with Company and City guidelines and requests. Our integrated system is specific to the parking industry, and can report standard and customized client information as needed. Complete budget information is maintained and used to analyze the monthly results of our operations. Additional information on our revenue control procedures and associated protocol follows: 27 Response to RFP No. 2016-107 Comprehensive Parking Management Services (2)Garage Maintenance With the high volume of parkers that utilize the City’s parking facilities, Lanier wants to demonstrate the best possible impression on behalf of the City of Delray Beach. We have budgeted for 2.5 Maintenance positions, six (6) hours per day, to follow established cleaning procedures daily which will include weekly, monthly, and quarterly pressure washing, painting projects to keep the decks looking sharp. These positions will also help facilitate collections and on-street maintenance. Lanier acknowledges the maintenance requirements in the Sample Agreement and RFP and recognizes the importance of having a thorough maintenance program at the City of Delray Beach parking facilities and lots. Lanier believes the maintenance at each facility should begin prior to the arrival of vehicles and will assess the overall condition of the City’s facilities when no vehicles are present. Not only does a successful maintenance program establish the comfort level for employees and visitors, it also plays a major role in projecting a favorable first impression. In addition, a sound maintenance program often protects the City and Lanier from potential exposure to liability. With the City’s additional feedback (upon Contract award), Lanier will customize a maintenance checklist detailing all tasks to be performed on a daily and weekly basis at each facility. This checklist will be used by the on-site Maintenance personnel as a guide to ensure all job assignments are completed in a timely manner. The General Manager will refer to this checklist every day as a tool to measure productivity. To ensure each Lanier location lives up to the City of Delray Beach standards, members of the Lanier Senior Management team will visit each site several times throughout the year to conduct random site inspections. The results of the inspections, along with recommendations for continued improvement will be shared with the City routinely. Capital Maintenance Projects (Pressure Washing and Sweeping) In addition to the daily responsibilities performed by the on-site staff, Lanier can contract out routine monthly sweeping and pressure washing services. By performing these services, tire dust and unwelcome build-up are minimized, allowing for a much more favorable appearance. Pending City of Delray Beach approval, all of this work will be performed during non-peak hours and coordinated by Lanier’s General Manager under the direction of City Staff. 28 Response to RFP No. 2016-107 Comprehensive Parking Management Services (3)Citation Management Lanier facilitates citation management and collection for our clients in Wrightsville Beach, NC; Myrtle Beach, SC; Wilmington, NC; Carolina Beach, NC, and Wilton Manors, FL., to name a few. Lanier has proven it can effectively manage municipal programs with citation production of as little as 10,000 citations per year, to upwards of 250,000 citations per year. Our team follows a disciplined schedule of friendly, yet encouraging, delinquent notices to all past due violators. Lanier has a track record of collecting high percentages of citations owed. How do we have such effective collections? Timeliness – make sure the initial notice goes out within the first 30 days or time frame determined by city. Diligence – make sure multiple notices get sent out. Out of State – pursue out of state violators. Public Relations – make sure the public understands the ground rules of parking, and that if they receive a citation, that they will have to pay. Payment Options – make a wide variety of payment options available, including online Internet, walk-in, telephone, credit card. Legal Remedies – for the worst offenders that still escape payment, seek action through small claims court or through the credit bureaus. Citation Issuance – Ambassadors are trained to accurately and completely prepare, print, and post citations for violators of the City’s parking ordinance, enforce all applicable parking laws, and public safety concerns. 29 Response to RFP No. 2016-107 Comprehensive Parking Management Services (4)Parking Enforcement The Parking Enforcement Officer or PEO (we refer to them as Ambassadors) is the most visible employee in a municipal parking program. Thus, it is vital that parking enforcement officers conduct themselves in a professional and courteous manner when in the field. To that end, Lanier has established standards of behavior to which our Ambassadors must adhere. Parking enforcement is designed to promote safety, benefit central business districts and expedite traffic flow while promoting turnover on busy streets. Lanier will work with the City of Delray Beach to develop specific requirements and procedures for issuing parking citations in your City. Effective Parking Enforcement: Increases the availability of short-term parking spaces for customers, clients and businesses by discouraging parkers from monopolizing scarce on-street parking spaces. This increases revenue for businesses by providing the perception of consistent, available parking for customers and clients. To this end, Lanier is fully aware of the economic development benefits a well-operated parking program has on Downtown, business and residential environments. Through consistent and fair enforcement of City ordinances, Lanier will demonstrate our ability to achieve the necessary goals the City of Delray Beach expects. Ensures that loading zones are available to those in need for the loading and unloading of supplies Decreases traffic congestion in the central business district by reducing incidences of: Cars parking in rush hour lanes Cars parking too close to intersections preventing vehicles from turning Reduces the incidence of parking situations which are hazardous and could cause injuries or loss of life such as: Cars parking too close to intersections causing reduced visibility of motorists and pedestrians Double parking, which presents roadway obstacles and narrows the usable width of roads causing side-swipe or rear-end accidents Blocking fire hydrants, causing fire fighters to lose precious time hooking up hoses Lanier also understands that Parking is often the first and last impression a visitor has of your City. This is why we customized our parking program to target the specific needs of Delray Beach. The City is vibrant and benefits from the economic growth of tourism. With development underway, it is important valuable parking is identified and a parking management system be put in place and administered appropriately to achieve the balance the City described in the RFP. 30 Response to RFP No. 2016-107 Comprehensive Parking Management Services It is of the utmost importance to the City and its stakeholders that merchants, residents and visitors alike have a positive experience when parking in Delray Beach. Our Ambassadors will answer questions, provide exposure to the pubic while in full uniform, and explain each module of payment from using Passport for mobile payments to actually using the paystations and meters. Our Ambassadors will be fully trained and well versed to discuss and answer parking ordinance questions, identify locations to park, approved rates, and even discuss events that will be happening within the City of Delray Beach. Enforcement Supervision In order to monitor our Ambassadors (our parking enforcement staff), Lanier has developed several different methods to evaluate performance. We believe it is important our Ambassadors do not feel obligated to issue a certain number of citations per day. Instead, our field supervisors and managers use different methods to evaluate enforcement productivity and quality of work. These methods include: Secret Parkers – Our local management or other Lanier staff, with the City’s approval, will use their personal vehicle and park it illegally to test a newly hired Ambassador’s ability to recognize violations. Results of the test are reviewed with the appropriate employee and his/her immediate supervisor. Beat Analysis – The Lead Parking Enforcement Agent will review, on a daily basis, the citation productivity report for each agent over the previous day. This information will be tracked to determine trends and if further investigation is needed as to an employee’s whereabouts and actions. Remote Supervision – If the Lead Agent or Management determines the citation productivity data for a particular employee is inconsistent with standards (excess time between citations issued or inconsistent pattern of where citations are being issued), the Lead Agent or Management Team will conduct surveillance of the enforcement agent to determine if the employee’s behavior is within guidelines. Any information gathered will be discussed with supervisor and employee. If behavior is inappropriate, the employee will be coached to improve performance and or disciplined. On-Site Supervision – New to the Lanier method of evaluating Ambassador performance is on- site supervision. This method allows the direct supervisor or manager to shadow the employee on their beat during their shift. While walking the beat with the employee, the supervisor or manager evaluates the employee’s performance by measuring several elements of their appearance and responsibilities. Separation of Duties – In order to maintain tight fiscal controls, there must be separation of duties at every position within the operation. Each type of revenue collected by an employee of the operation is verified by another prior to a deposit of funds being made. 31 Response to RFP No. 2016-107 Comprehensive Parking Management Services Supervision and Analysis The Lead Parking Enforcement Ambassador will review, on a daily basis, the citation productivity report for each Ambassador over the previous day. This information will be tracked to determine trends and if further investigation is needed as to an employee’s whereabouts and actions. If the Lead Agent or Management determines the citation productivity data for a particular employee is inconsistent with standards (excess time between citations issued or inconsistent pattern of where citations are being issued), the Lead Ambassador or Management Team will conduct surveillance of the enforcement officer to determine if the employee’s behavior is within guidelines. Any information gathered will be discussed with supervisor and employee. If behavior is inappropriate, the employee will be coached to improve performance and or disciplined. (5) On-line payment of parking citation Lanier uses various back-end platforms for citation issuance and corresponding on-line payment options. In the case of Delray Beach, using Passport’s (Lanier’s proposed citation management partner) web-based payment portal, RMCPay, violators can pay online using a credit card, debit card, or PayPal account. As a direct result of Passport’s real time issuance capabilities, violators can pay citations immediately upon receipt of the citation. In New Haven, CT, for example, Passport has seen 60% of payments performed online. For those users who choose to visit an office or mail in a check payment, office staff can use OpsMan to apply payment information. In this arrangement, a violator would come to the local parking office with their violation and cash or check and the office staff would search the system using the violation number. The staff member can then record that payment was accepted, enter the amount, invoice ID, and mark the violation as paid. The paid status of the citation will take effect, in the system, immediately. 32 Response to RFP No. 2016-107 Comprehensive Parking Management Services c.Experience specific related to management of parking facilities particularly for municipalities with diverse parking options that include street-side, surface, and parking garages. A successful track record is one of the best predictors of success. Please review some of Lanier’s Municipal success stories and case studies that follow and feel free to contact the references listed. City of Rochester, MN 3,663 spaces Month 2010 – Present Lanier Parking took responsibility for the Municipal Parking Program of the City of Rochester, Minnesota in April of 2011. The prior Operator had managed the City’s facilities for over ten years. The parking operation consists of 5 garages and 5 surface lots. In selecting Lanier, the City of Rochester cited Lanier’s parking management expertise, enhanced revenue controls, as well as our experience and involvement with Alternative Transportation Management strategies to bring a new and unique perspective to the City’s operations. As the City grows and evolves, our Transportation Plan presents a comprehensive approach to addressing the needs of the City. Lanier plays an integral role in assuring the City continues to encourage appropriate transportation alternatives that are both sustainable and affordable for City residents, businesses and major institutions. Following are details on how Lanier increased revenues, occupancy and became a true partner with the City of Rochester: Over a three year period, Lanier nearly doubled net income by increasing use of the parking facilities, controlling operating expenses and implementing Lanier’s accounting and revenue control procedures. Partnered with Mayo Clinic and other down-City businesses to coordinate parking, event parking and alternative transportation issues. Periodically distributed surveys to customers utilizing the City’s parking facilities and continue to maintain very high customer satisfaction ratings. Lanier developed an Alternative Transportation Plan, acting as the City’s representative in Alternative Transportation matters and meetings. We initiated bike lockers, tracks and bike racks, and assisted the City in selling bus passes. Set up a new validation system for approximately 100 down-City businesses. Lanier’s on-site management team administered and handled the accounts payable for all the public/private partnership skyways attached to the municipal parking garages. Achieved the desired results after recommending modifications to the City’s rate structure. Improved signage and way-finding to assist customers in navigating the facilities more efficiently and enhancing the overall appearance of the parking facility. Contact: Anthony Knauer, Transit and Parking Manager (507) 328-2424 tknauer@rochestermn.gov 33 Response to RFP No. 2016-107 Comprehensive Parking Management Services City of Wrightsville Beach, NC 1,450 spaces January 2004 – Present Lanier Parking Solutions was awarded the on-street parking contract from the City of Wrightsville Beach on January 1, 2004. Lanier manages every facet of this turn-key municipal parking operation. The parking season operates from March 1st – October 31st each year. The operation consists of Lanier administering an extensive Residential Parking Permit Program, providing parking enforcement for non-moving violations within paid parking zones, maintaining and purchasing new parking meters and pay-stations, collecting payments for parking violations, and providing a controlled method of collection for both parking meters and pay-stations. Below is a summary of the improvements Lanier implemented to effectively increase the level of revenue controls, equipment functionality, and service standards for the City of Wrightsville Beach: Worked with Park-by-Phone to implement the area’s first cellphone payment option for parking. In 2009, Lanier converted from the Lexis/Cubic units to Digital’s newest line of pay stations. The on-going operation of the pay stations includes Digital’s PCI certified EMS platform, which include remote reporting and alarm monitoring services. Upgraded the current Clancy citation operating system to a web based portal with better handheld devices and added photo enforcement. The upgrade included all current and previous data being stored and secured at a remote location. The database also has the ability to integrate with the Park-by-Phone platform. Issuance of cellphones to Lanier ambassadors with Bluetooth printing technology for expedited and accurate citation distributions. In 2012, Lanier collected $2.2 million in parking revenues– the highest amount collected since paid parking began in Wrightsville Beach. Lanier has consistently collected higher levels of revenue each year, while keeping expenses under budget. Lanier constantly provides exceptional customer service, hires superior personnel and provides extensive training to maintain proper controls. By creating a higher quality parking management program, the Wrightsville Beach parking program remains successful. Contact: Tim Owens, City Manager (910) 256-7900 towens@towb.org 34 Response to RFP No. 2016-107 Comprehensive Parking Management Services City of Wilton Manors, FL 488 spaces February 2010 – Present As the growth and popularity of businesses in the City of Wilton Manors began to develop, parking became increasingly scarce during peak evening and daytime hours throughout the City. Wilton Manors began experiencing additional parking issues and needed a solution. After soliciting a proposal, the City hired Lanier in 2010 to manage the parking program. Lanier was awarded the inaugural Wilton Manors parking operations consisting of on-street and surface lot parking spaces. Along with city officials, Lanier worked to clarify the scope of the parking program, created new regulations and policies, located spaces to be metered and selected equipment and technology for use in the new parking program. Lanier continues to recommend enhancements and improvements to the City’s parking program. Below is a summary of the improvements Lanier implemented to effectively increase the level of revenue controls, equipment functionality, and service standards for the City of Wilton Manors: In April 2010, new meters were installed to supplement the paid parking already in effect to better regulate parking. Lanier provided parking enforcement services, issued and collected citations, and distributed parking permits for users of City Park from the hours of 6:00 pm until 3:00 am. Lanier implemented a pay- by -phone program for the City that allows parkers to pay via cell phone through the ParkMobile app which can be downloaded free of charge. Developed and introduced a creative, new parking and directional signage package in the Arts and Entertainment district. The Lanier local management team coordinated event parking within the community to add thousands of additional parking spaces for event and festival attendees. Expanded the program by an additional 213 spaces after the demolition of the old City Hall. Lanier continues to work with business owners to be proactive with any special parking needs. Lanier’s excellent relationship with City Staff and Department Directors continues to grow and has become a true partnership. Lanier was recently awarded a 2 year extension to its 5 year initial contract. Contact: Bob Mays, Finance Director (954) 390-2143 bmays@wiltonmanors.com 35 Response to RFP No. 2016-107 Comprehensive Parking Management Services d.Experience in: (1)Managing special event parking Lanier will assist the City and local jurisdictions, including police and fire departments, in facilitating special events. We have vast experience running special event parking and transportation for similar communities, and have worked closely with our public sector clients and local businesses to satisfy the demands of each event. Event Ambassadors During events, a member of Lanier’s management team will be present to oversee operations. Lanier can schedule event Attendants and Ambassadors to assist visitors and residents and direct them to the proper parking facilities or general area within the City. The primary duties and responsibilities of the Ambassador will consist of: Assisting Patrons: Courteously assist patrons by directing them in and out of all the lots/garages, answering questions, and giving appropriate directions both on-site and to surrounding areas. If the patron is experiencing a problem, the Ambassador shall assist the patron to the best of his/her ability and if necessary, refer the problem to the General or Assistant Manager. Reporting: Report any observed or suspected violations of company policy, safety hazard or unusual occurrence or matter to the General or Assistant Manager in a timely manner. Direct Traffic: Direct traffic to ensure the safe and efficient flow of traffic to and from each parking area. Knowledge of Streets and Landmarks: Have a thorough knowledge of Delray Beach streets and landmarks and all major roads and freeways, as well as directions to all parking locations. Appearance: Maintain a neat and clean appearance and wear uniform professionally at all times, including during scheduled breaks. We will tailor our operating plan to incorporate the City’s recommendations, additional requirements, and capabilities of the parking areas for special events. All special event operations are unique so we will continue to monitor operations and remain flexible in altering our event staffing plan as needed. 36 Response to RFP No. 2016-107 Comprehensive Parking Management Services (2)Hiring and scheduling staffing for special events Hiring via a Vast Labor Pool Lanier, along with pk1 and Ameripark, both wholly owned firms, has access to a vast labor pool in the State of Florida, and particularly in the region surrounding the City of Delray Beach. We will use that access and scale to facilitate staffing for special events and peak demand. Customized orientations and training programs will be conducted with all team members to ensure not only operational functionality, but that quality and efficient service is delivered to the City’s customers. Following all training, shift meetings will be conducted prior to the start of each event in order to communicate any operational changes and pass-ons from the previous day. On-the-job training from peers and managers is the most effective means to ensure that proper customer service standards (“Greet, Serve, & Send”) and operating practices are followed. Lanier will provide a highly qualified, team oriented staff that is trained in all aspects of parking and traffic control to accommodate the City’s special events. Lanier will work with the City of Delray Beach to coordinate an on-site training session for all staff members to review the operating plan and offer final training details for special events that include: vehicle permitting, ingress and egress patterns, emergency policies and procedures, and an inclement weather plan. Lanier welcomes the City to attend such training sessions to ensure all details of the event have been addressed. Staffing and Logistics Lanier takes a proactive approach to ensure efficient staffing for special events, and that all scheduled staff members are knowledgeable of the actual event and the surrounding area(s). Staff meetings will occur regularly, and the General Manager will be on duty during events. Staffing levels remain flexible depending upon the event. Communication between Lanier and the City of Delray Beach, including the local Police and Fire Departments, will be constant before and during events. 37 Response to RFP No. 2016-107 Comprehensive Parking Management Services (3) Implementing operational controls for handling monies during special events Lanier’s stringent revenue control platform and corresponding procedures ensure that our Management Personnel and front-line team members have individual accountability for their work and revenues collected during special events. We have various means of implementing operational controls and handling monies during special events. For example, although not a recommendation for these particular operations until we get a better understanding of occupancy and demand for certain events, generally speaking we might use the Appetize handheld to control events. The functionality of the Appetize App (handhelds) is ideal for the City’s intended high volume application(s) and dynamic. Capabilities and software architecture are outlined as follows: Support For Parking and Entry Systems Appetize’s Handheld and Fixed POS offerings are appropriate for traditional and beach parking operations and special events, period. The handhelds accept all forms of payment, plus Ticketmaster and other prepaid tickets. End to End Parking Management The handhelds allow parking attendants to accept all forms of payment on-the-go, including scanned tickets. View lot-to-lot live reporting and route traffic based on demand and remaining inventory. Customizable Interface Activate POS remembers employees’ settings, so no matter which unit an employee logs into, their previous settings will be displayed for ultimate comfort and ease of use. Secure Mobile Device Management All devices are managed remotely and securely by Appetize. Units come configured and with Appetize as the only app an Operator can utilize. Digital Menu Boards Custom menu board integration is available through Appetize’s API, in addition to Appetize’s Smart TV-based digital menu board system. Scheduling, Time Clock, and Payroll End to end management of all aspects of scheduling, time clock and payroll. Integration with payroll processors makes payroll simple and easy. Even allow employees to use the app to transfer shifts and view availability. Cloud Based No onsite infrastructure is needed. The software has powerful, dedicated and redundant cloud architecture, so the City always knows it will be on the latest, most secure and up to date version of the Appetize platform. 38 Response to RFP No. 2016-107 Comprehensive Parking Management Services Customized Reporting Filter reports to find any data imaginable. Use Appetize’s open API to create the City’s own custom reporting tools or integration into its data warehouse. Loyalty Card Integrations Off the shelf loyalty card and ticket integrations are available, in addition to Appetize’s in-house capabilities to discount and promote to any and all patrons. Digital Signatures, Tips, and Receipts Allow customers to tip, sign, and have their receipt emailed to them. Easy, intuitive interface encourages tipping and significantly reduces time spent on the close out process. Extensive Peripheral Support: Printers, Cash Drawers, Scales, you name it. Appetize supports a wide range of peripherals out of the box. Big Data Want to determine what Android users in Section 302 ordered between 7 and 8 PM? All data from Appetize POS products to mobile ordering is delivered, captured and presented in a clear, actionable way. Fantastic Support 24/7/365 support is included. Appetize offers amazing support that their partners love; plus hundreds of more features to support the City’s intended application. Revenue Control for Events In addition to the aforementioned equipment application, Revenue Control for the City’s event-based parking operations will be assured through:  Proper training and review of employees  Consistent supervision both on-site and off-site  A system of records designed to create an audit trail We implement a cross-referenced series of procedures and reports detailing all event revenue and traffic activity (optional). Single transactions are linked to the entire system, which creates continuity and a complete picture. If a transaction is missing, the system allows the missing transaction to be identified and traced. All on-site personnel will work with the General Manager and our corporate accounting staff to ensure that all accounting issues are addressed, and all accounting information is processed in accordance with Company and City guidelines and requests. Our integrated system is specific to the parking industry, and can report standard and customized client information as needed. Complete budget information is maintained and used to analyze the monthly results of our operations. Additional information on our revenue control procedures and associated protocol follows below. Note, however, that each event may have particular exceptions and requirements, and we employ a common sense approach to ensure we keep traffic flowing seamlessly while accommodating VIP’s, press, dignitaries, City officials and the like. 39 Response to RFP No. 2016-107 Comprehensive Parking Management Services Management of Receipts Collected by Shift Lanier maintains a comprehensive system of internal cash controls on site and off. Maintaining the integrity of the City’s revenue stream is our top priority. Standard operating procedures follow: Revenues are recorded by revenue category, location and shift daily A complete audit trail of cash exists from ticket distribution to the final deposit in the bank Each Ambassador’s shift report and tickets are independently reviewed, recorded and verified Unannounced random audits are conducted on all Ambassadors several times each week by the General Manager and administrative staff (Assistant Manager and Accountant/Bookkeeper). Daily revenue reports are prepared to document receipts by category and location Revenue reports are always supported by validated deposit slips Senior management reviews revenue reports on a daily basis. Executive management reviews reports weekly and monthly Monthly revenue reports are prepared by location, summarizing daily revenue by category. Actual revenues are compared to budget on a monthly and annually Management strives to anticipate budget variances and takes appropriate action. Security of Money All monies collected must be kept in a safe and secure environment during normal operating hours as well as after hours. Separate security precautions have been developed for “operating hours” and “after hours” storage of funds, if applicable. Operating Hours 1. Monies are to be kept in a lock box at all times throughout the day and are to be out-of-sight of customers at all times throughout the day 2. When the party responsible for monies is temporarily away from their desk, monies are to be stored in a secure lock box and either placed in the employee’s locked desk Manager 3. Monies collected throughout the day are to be logged at the time of receipt on the proper transaction log Upon day’s conclusion, the employee is to balance their monies collected to the proper transaction logs, as follows: 40 Response to RFP No. 2016-107 Comprehensive Parking Management Services Monies are to be deposited in the proper account by management (or designated employee) Employee’s actions throughout the day must be evaluated to determine if negligent Supervisor or management must audit responsible employee’s bank and transaction logs If monies remain unbalanced, management is to contact Senior Management If unbalanced funds are not reported to the direct supervisor and/or management, the responsible employee may receive disciplinary action and/or termination After Hours 1. Only if applicable, all monies collected, verified and not deposited are to be given to management for overnight storage 2. If monies are coins from the cash registers or pay stations, each denomination is to be bagged/tied separately and stored in the safe overnight Inventory of coins are logged onto the “Coin Count Log” If pay stations are collected, cash should be deposited the day of collection If unable to be deposited, Senior Management must be contacted prior to the end of business day Cash is logged onto the “Safe Log” form for record keeping purposes 3. If monies are from the sales of permits or miscellaneous revenue (events, movie shoots etc.), the monies should be placed in a “bank bag” or lock box and placed into the safe for immediate deposit or overnight storage, then logged. 4. After all monies are placed in the safe for overnight storage, management or designee is to secure the safe room by activating the safe room alarm 5. At the beginning of the next business day, management is to pull all funds to be deposited from the safe and verified by the employee responsible prior to the deposit being made 41 Response to RFP No. 2016-107 Comprehensive Parking Management Services (4)Marketing and public relations Web-Based & Traditional Marketing Campaigns While the RFP emphasizes the efficient utilization of inventory (space and turnover) through a variety of means (including paid parking), we can support and greatly enhance the City’s efforts in Marketing and Public Relations by creating comprehensive, web-based and traditional marketing campaigns to educate, inform and assist residents, employees and visitors to find convenient and available parking options within the City. Check out our proposed way-finding signs for example! These renderings are instantly recognizable, and demonstrate how Lanier can assist the City of Delray Beach in creating attractive signs and branding programs! Understanding the City may have its own ideas in this regard, we offer these renderings as a conceptual overview. Under the direction of the City, we can also develop a new City of Delray Beach (“Park Delray Beach”) parking website detailing all options, rates, hours and parking information in and around the City. Please see the enclosed examples of websites we created with input and direction from our public sector clients. Incorporating the use of social media and apps (citing another example of our turnkey approach) will provide the most updated and relevant parking information to the City’s visitors and local parkers. Brochures It is important for the public to be updated with the most accurate information available. Lanier is suggesting a newly designed brochure that would be focused on a frequent parking program user. Other emphasis can be created as well. Credit card enhancements, possible pay-by-phone programs, monthly specials, internet links, mission statements and validation programs are all items that merchants, customers, employees and visitors can use to enhance their parking experience. Marketing materials can be distributed to parkers, showing them the many options they have on their next visit to the area, whether during the day or after-hours activities. Lanier will build relationships with residents, visitors and local businesses to maintain consistent awareness, branding and communication steadily flowing to the City, parking staff and visitors. Additionally, utilizing technology, communication tools and helpful information regarding the City’s parking program and amenities can enhance a parker’s experience. Please see the following page for an example of Lanier's website design capabilities for the City of Delray Beach Parking Operation. 42 Digital Marketing Services Presented by Client Website and Mobile Devices EXAMPLES Response to RFP No. 2016-107 Comprehensive Parking Management Services (5) Customer service and issue resolution Customer Surveys In order to improve the City’s parking operations on a continual basis, it is vitally important to obtain feedback from businesses, residents and visitors regarding our customer service. Lanier will conduct frequent customer surveys to measure customer satisfaction. The service that Lanier delivers to each business, resident and visitor is crucial to our success and to that of the City of Delray Beach. Our goal is to provide a great customer service experience, and subject to the City’s approval, Lanier can periodically distribute surveys to solicit feedback on the City’s parking program and the level of services they receive from Lanier Parking. Lanier monitors, tracks and responds to all customer inquiries and negative feedback results in constructive criticism and target points for improvement. Throughout the term of our contract, Lanier will report monthly to the City of Delray Beach on these results to measure our success while using these findings to continually improve the financial performance of the program, as well as the customer experience. Lanier will supervise our staff members having interactions with patrons to ensure a high level of customer service is being offered at all times, and that all complaints, disagreements or misunderstandings regarding parking rates and/or services are resolved in accordance with established policy, as well as diplomatically and fairly. 44 Response to RFP No. 2016-107 Comprehensive Parking Management Services Issue Resolution Should an issue or complaint arise in one of the facilities and/or in an on-street setting, Lanier has various methods of handling the complaint. First, we listen intently to the customer’s issues, and we seek to diffuse the situation through positive communication methods. We have training programs that assist our front-line team members and management staff to handle even the toughest of complaints. In an on-street setting, chances are the issue will arise when a customer receives a citation. All citations written are forwarded to the local Lanier office. Each citation is reviewed for accuracy and viability, scanned by date of citation issue, and then forwarded in electronic form to the City. Both copies of the citations are kept on file in the Lanier office. Any citations that are deemed inappropriate or invalid are marked as such prior to scanning. In the event a parker wishes to contest the citation, the following steps are taken: 1.The parker must contact the Lanier office with the reason that he/she feels the citation is not valid. If the parker contacts the City first, they should be redirected to the Lanier office. 2.The Project Manager reviews the information and determines if there are grounds to invalidate the citation. That decision is relayed to the parker; either at the time of the notification or after some investigation is conducted. If it is determined that the citation should be invalidated, the City is notified by email, the parker is notified, and it is written on the original hard copy of the citation in the file. 3.If the Project Manager determines that the citation should stand as a valid and accurate citation but the parker continues to object, the parker is offered the opportunity to talk to the representatives at the City where the final determination is made. 4.If the City determines that the citation should be invalidated, they notify the parker of such and they notify the Lanier office by email or telephone. The parker is notified if the City determines that the citation is valid and they offer the parker the opportunity to pay the citation. 45 Response to RFP No. 2016-107 Comprehensive Parking Management Services (6) Working with local business owners Authentic stakeholder engagement, and joining local business organizations such as Chambers of Commerce or BIDs, enables Lanier staff members to get to know the people, business leaders and neighborhood groups in and around a Downtown Area. Through this outreach, we gain a unique and distinct understanding of the neighborhoods and streets encompassing the City of Delray Beach. This improves our operational planning, as we are better able to evaluate parking and access considerations impacting supply and demand; common factors that drive public parking RFP processes, and impact local businesses. We rely on feedback from these often vocal groups to communicate helpful and actionable intelligence to our public sector clients, enabling them (with our support and experience) to develop sound, cogent parking policy. Lanier will develop and implement successful parking and special event programs for Delray Beach where individual business owners have the ability to conduct business without concern for parking capacity. Finally, Lanier personnel will continuously evaluate rates to maintain competitive, “market” pricing. iii. Submit detailed information and narrative descriptions documenting experience of the key personnel, including the individual Proposed by Proposer who will be assigned as parking manager at the City. Please see the follow pages for a biography of our proposed Parking Manager, as well as all other key personnel that will participate in the parking management services. iv. Biography of the parking manager to be assigned to the City and all other key personnel that will participate in the parking management services that includes: (1) Name (2) Years in parking industry (3) Years with Proposer (4) Work history (5) Education 46 Juan F. Perez • jperez@park1.com • (305) 785-1597 1 Juan F. Perez 2841 N.E. 163rd ST. Apt #1215 • North Miami Beach, Florida 33160 (305)785-1597 • jperez@park1.com OBJECTIVE Pursuing a position with an organization that will utilize my experience in management while offering opportunities for continuing professional development. PROFILE Managing Operations for over 20 years with outstanding proven accomplishments in the Parking and Services industries. Highly effective in training and motivation of personnel to provide superior service to domestic and international clientele. A result driven highly organized self-starter proficient in the analysis and development of new and/or improved policies and procedures which have resulted in substantial cost savings. Recognized as an excellent manager with outstanding results on all assigned projects. Specialized in working with affluent clients and in high pressure situations. Skilled in the use of Microsoft Office and other popular computer programs for diverse applications. Strong background in Customer Service environment, with the proven ability to manage a staff in excess of 200 employees. Fluent in English and Spanish. PROFESSIONAL EXPERIENCE . February 2013 – Park One of Florida Present District Manager Bottom line responsibility for 15 High-end properties for an elite valet parking company with annual revenues over four million dollars. Directly accountable for a management staff of 14 managers and 195 hourly employee. In addition responsible but not limited to: ♦Budget preparation for all locations in portfolio. Presentation to board of directors for review and approval. ♦Insure all managers comply with rules, regulations and standards set by the company. ♦Review of all payroll information on a weekly basis to insure optimal production and reduction of overtime. ♦Resolve major accident claims and settlements, insuring proper appropriation of funds . ♦Daily inspections of valet locations, instruction, training, motivating and disciplining of management and/or individual employees. ♦Planning, coordinating and staffing special events with in the district ♦Maintain a professional relationship with our client’s onsite management team. ♦Manage customer service issues dealing with our personnel. ♦Direct and update HR representatives regarding the placement of personnel to appropriate locations. ♦Open new accounts and develop procedures for revenue controls and operational optimization. ♦Develop and perform customer service seminars for the valet management staff Juan F. Perez • jperez@park1.com • (305) 785-1597 2 January 2007 – Miami Parking Authority February 2013 Manager of Parking Operations, Jackson Memorial Hospital Bottom line responsibility for 10 Self Park Garages/Lots with over 7,200 spaces creating annual revenues of over ten million dollars. Directly accountable for the daily Parking Operations that includes Customer Service, Maintenance and Accounting Departments Additional responsibility, but not limited to: ♦Budget preparation of up to $10 Million Dollars for all contracted facilities. Presentation such for review and approval. ♦Insure compliance of regulations and standards set by the company and client. ♦Review of all payroll information on a weekly basis to insure optimal production and reduction of overtime. ♦Daily inspections of operational sites and personnel, providing instruction, training, motivation and disciplining management and/or individual employees. ♦Maintain a professional relationship with our client’s onsite management team. ♦Insure proper Customer Service through training, and constant feedback. ♦Creating Policies and implemented Procedures to affectively obtain optimal performance from both employees and management. Achievements: •Managed the conversion of the parking facilities to a fully automated parking operation. This includes 45 automated Entry/Exit Lanes , 9 Automated Handicap exit lanes, 12 Pay stations ,7 Customer Service Monitoring stations and 54 Lane /Pay Station Cameras. •Creating and implement new policies and procedures to affectively run the new positions and automated operation. •Responsible for reducing the overall payroll by over $250,000 by the automation and streamlining of the operation. •By creating an all part time staff, I accomplished the reduction of overtime by 94%. •Responsible for revenue collection of over $10 Million Dollars, this has been highest revenue collection for the Jackson Memorial Hospital Parking since inception. March 1998 – Park One of Florida January 2007 Operations Manager Bottom line responsibility for twenty-five locations of an elite valet parking company with annual revenues over eight million dollars. Directly accountable for a management staff of 18 managers and 225 hourly employees. Personally responsible for hiring over 350+ employees. In charge for all planning and coordination of special events. In addition responsible but not limited to: ♦Budget preparation for all locations in portfolio. Presentation to board of directors for review and approval. ♦Insure all managers comply with rules, regulations and standards set by the company. ♦Review of all payroll information on a weekly basis to insure optimal production and reduction of overtime. ♦Resolve major accident claims and settlements insuring proper appropriation of funds . Juan F. Perez • jperez@park1.com • (305) 785-1597 3 ♦Daily spot check of locations, instruct, train, motivate and discipline management and/or individual employees. ♦Maintain a professional relationship with our client’s onsite management team. ♦Handle customer service issues dealing with our personnel. ♦Direct and update HR representatives regarding the placement of personnel to appropriate locations. ♦Open new accounts and develop procedures for each individual need. ♦Develop and perform customer service seminars for management. May 1993 - Go America Tours/Miami and Go Caribic Tours/Miami Feb. 1998 Reservations Manager Hired as a Reservations Coordinator (Go Caribic Tours/Miami) and given the responsibility for heading a new division of the Company which involved directing FIT reservations with hotels in the Caribbean. In 1995, promoted to Reservations Manager based upon the success in the new division, as well as an innate ability to understand and resolve problems. ♦Established three Reservations Departments in the Caribbean, which involved the analysis of system and services, establishment of procedures, and on-site group and individual training of personnel. ♦Successfully negotiated with hotel management and European tour operators to ensure proper allotment control and customer satisfaction. ♦Recognized for reducing the cost of complaints by 45% to 65%. ♦Train, supervise and motivate a staff of 20, with the responsibility of assisting 440,000 passengers in 1996 and parallel amount for 1997, totaling revenues of $37 million. EDUCATION Associate of Arts (GPA 3.1) Miami Dade Community College, Miami, Florida Advanced Microsoft Word and Excel Training COMMUNITY ENGAGEMENT Leadership Miami, Greater Miami Chamber of Commerce, 2012 Graduate Habitat for Humanity Volunteer Feed the Hungry, South Florida Response to RFP No. 2016-107 Comprehensive Parking Management Services Key Personnel We understand the City of Delray Beach parking operations will require a multi-level support structure: Executive Management Team, Senior Management and an On-Site team. Lanier’s executive management team will provide oversight throughout the course of the contract. Senior Management will act as the liaison between the City, our Executive Team, and the On-site Team. Bijan Eghtedari, President Bijan Eghtedari joined Lanier Parking Solutions as president in January 2015, bringing extensive experience in the parking industry. Mr. Eghtedari served for 12 years as CEO of Park One Holdings, which grew during his tenure from a small firm, to more than 150 properties and 1,500 employees in Florida, Texas, Louisiana, and Alabama. Mr. Eghtedari attributes that success to his commitment to delivering excellent customer service in highly competitive markets and to developing deep-rooted ties to the community. Previously, Mr. Eghtedari was senior vice president at Central Parking for 14 years, overseeing several markets on the East Coast, including Atlanta. Mr. Eghtedari’s hobbies include golf, hiking, chess, and reading. He lives in Atlanta with his wife and daughter. He attended the George Washington University School of Business and obtained his Six Sigma certification from Villanova University. Fred Bredemeyer, Florida Division Leader Throughout his 25-year career in the parking industry, Fred has managed several large municipal parking systems and successfully proposed, negotiated, and managed a $13 million Parking Surcharge Program for the City of Miami and a $70 million parking tax program for the City of Los Angeles. Bredemeyer has served the Miami Parking Authority as Chief Operating Officer. There, he spearheaded the implementation of automated revenue control systems, multi-space pay and display meters, pay-by-phone services, and other income enhancing technologies. Within his five year tenure as Chief Operating Officer, Fred was named the International Parking Institute’s Parking Professional of the Year. Bredemeyer’s involvement in the community extends far beyond parking. He is a Past President and current board member of Kristi House, a South Florida not-for-profit organization that provides a healing environment for child victims of sexual abuse. He lends his leadership skills to other community initiatives on a regular basis. 50 Response to RFP No. 2016-107 Comprehensive Parking Management Services Jeff Crimmins, Regional Vice President, Florida As Regional Vice President, Jeff Crimmins brings parking experience that spans over 20 years. Jeff joined Lanier Parking in January of 2016, having most recently served as Regional Manager for Park One of Florida. Jeff began his career in transportation, working for Allright Parking in Atlanta, GA and has since served in various management roles for Central Parking, Standard Parking, Park One, and Lanier. He has extensive knowledge in the following markets: Atlanta, Mobile, Knoxville, North and Central Florida, Miami Dade/Broward County. Jeff attended Florida State University and The University of Georgia, where he studied chemistry prior to working with Allright Parking. Jeff’s hobbies include golfing and cooking. He also holds memberships in the Building Owners and Managers Association (BOMA), Hillsborough County Hotel Motel Association, and Central Florida Hotel and Lodging Association. Joan Walley, Senior Area Manager, South Florida Joan Walley started her career with Lanier Parking in Atlanta, when she joined the company in January 2005 as a full-time shuttle driver at one of our Atlanta hospital locations. Although new to the parking industry, Joan had been working in retail and restaurant management for over twenty years, and had a strong background in customer service and employee management. She was soon promoted to the position of Bookkeeper, and worked as a Bookkeeper, Office Manager, and Assistant Manager at several downtown Atlanta locations. In April 2009 Joan was promoted to Facility Manager. In that capacity she managed the parking operations at One Capital City Plaza and 2045 Peachtree Street in Atlanta. In April 2010 the Company promoted Joan to Senior Manager and transferred her to Ft. Lauderdale, FL to oversee the start-up and operation at Tower 101 and Broward Financial. Joan was promoted to Area Manager in April 2013 for Palm and North Broward Counties with the addition of Esperante Building in West Palm Beach and five new properties in the downtown Fort Lauderdale area. In 2014, Joan was promoted to Senior Area Manager over The South Florida market. 51 Response to RFP No. 2016-107 Comprehensive Parking Management Services Kerry Loomis, Director, Municipal Division Kerry began her career with Lanier in January 2004 as the Assistant Manager of our Wrightsville Beach, NC Parking Program. Within months, Kerry’s energetic “go-get-it” attitude was quickly recognized. She was promoted as the Project Manager for the City of Richmond, Virginia’s on-street parking program, and later started our municipal footprint with the City of Wilmington and the City of Myrtle Beach. Kerry’s ability to constantly deliver superior operational and financial results for our clients led to her promotion as Operations Manager in June 2008. She was responsible for twelve locations including on- street parking, off-street parking garages, and six municipal locations. In January 2010, Kerry was promoted to General Manager and again in 2016 to Director overseeing all municipal operations for Lanier. Kerry has become an integral part of working with cities across the United States over the past ten years, building customized solutions for their specific needs. Steve Resnick, Senior Vice President, Municipal Division Steve Resnick, CAPP (Certified Administrator of Public Parking through the International Parking Institute and the University of Virginia), joined the firm in 2016 as Senior Vice President of Citizens | GOVT Solutions, a dedicated municipal parking division serving the Company’s public sector clients exclusively. A proven leader and facilitator, Steve has more than twenty (20) years of experience in the parking industry, and has acted in a variety of professional capacities thereto. He was responsible for several notable contract awards (public and private sector) while working at SP+ Corporation, as Vice President of Business Development, and Vice President of Municipal Services, respectively. Disciplines included Municipal operations, Class-A office buildings, bank portfolios, retail projects, healthcare facilities, white-glove and large-scale valet services, mixed- use projects, stadium and transportation accounts. Steve began his parking industry career as a Facility Manager, and was promoted to Senior Manager of Operations for the Company’s urban and public sector operations throughout Southern California, with added responsibilities for CO, AZ, and NV. He spent seven (7) years managing operations of all sizes and scope. Responsibilities included cash accounting and revenue control, permit sales, monthly reporting, training, scheduling, administration, auditing, traffic control, cash transport and depository functions. Steve has been actively involved in a number of civic, charitable and professional organizations, including BOMA, IREM and ICSC. He is a past Board Member of the Santa Monica Chamber of Commerce, and participated in its Parking Task Force and Government Affairs Committee. Steve also served on the Board of Directors for the Capital City Partnership, a public-private partnership in St. Paul, MN that consisted of over fifty (50) of the Twin Cities’ largest corporations. Steve is also a prominent member of his community, having served as the President of the Tarzana Estates Homeowner’s Association, and as Vice President of the Penfield Estates Homeowner’s Association. 52 Response to RFP No. 2016-107 Comprehensive Parking Management Services Carlos Bastos, Area Manager, South Florida Carlos has been with Lanier since August of 2002, when he began with the company as a Maintenance Tech. Due to his outstanding performance and customer service skills, he was promoted in 2005 to the position of Facility Manager, and again to Senior Project Manager in January 2008. As Lanier’s business in the Ft. Lauderdale grew, Carlos was again promoted to his current position of Area Manager, where he is responsible for ensuring the highest level of operating standards and customer service for all the Lanier accounts in the Ft. Lauderdale area. Carlos has twice been recognized as a Lanier “Shining Star of the Year”, and is a valued member of Lanier’s management team. Juan Perez, General Manager Juan Perez has nearly twenty years of experience in Managing Operations in the parking industry. He is highly effective in training and motivating personnel to provide superior service to Lanier’s clientele. Juan is responsible for 15 high-end properties for an elite valet parking company with annual revenues exceeding 4 million dollars. Juan has experience in all facets of parking management—from business administration to customer service. Juan is fluent in English and Spanish. He has a degree from Miami Dade Community College. He is very involved in the Miami community as a 2012 graduate of the Leadership Miami, Greater Miami Chamber of Commerce. He also volunteers with Habitat for Humanity and Feed the Hungry, South Florida. Lanier has provided Juan’s resume earlier in this section. 53 Response to RFP No. 2016-107 Comprehensive Parking Management Services v. If the Proposer proposes to use subcontractors in the course of providing services, provide details of the area in which subcontracted services will be utilized and if applicable, identify the subcontractor Lanier will be responsible for the Scope of Work as outlined in the RFP and ultimately the operating contract. Lanier will work alongside the chosen multi-space vendor and handle the installation. Typically, the vendor will provide a Project Manager, and together with our operations team we can install the paystations. If they are chosen to be power vs. solar, we will need to request a certified electrician or City-appointed personnel to assist. The only service Lanier can foresee subcontracting for this is pressure washing of the parking stalls in the garages. A local subcontractor will be identified at that time and subject for City approval. We have budgeted for this on an annual basis. Passport and UIG are vendors we have partnered with to provide the highest level of integrated technology desired to take the City of Delray Beach into the future of managed parking. vi.Each Proposer shall submit client references for whom they have provided parking management services similar to those specified in this RFP in the past five (5) years and who are agreeable to respond to a request from the City regarding proposer’s experience. Each client reference should include the following: (1)Organization name (2)Contact name (3)Contact email address (4)Address (5)Telephone and fax numbers (6)Dates of service (start/end) (7)Scope of work (brief description) (8)Number of parking spaces under management (9)Annual management fee (excluding reimbursable expenses); select from the applicable range below: (a)$0 - $99,000 (b)$100,000 - $249,000 (c)$250,000 - $399,000 (d)$400,000 or greater Please see the following page for Lanier’s client references. 54 Response to RFP No. 2016-107 Comprehensive Parking Management Services David Sebok Executive Director 517 9th Avenue North Myrtle Beach, SC 29577 Phone: (843) 918-1065 Fax: (843) 918-1083 dsebok@cityofmyrtlebeach.com Betty Gurganus City Parking Manager 305 Chestnut Street, P.O. Box 1810 Wilmington, NC 28402 Phone: (910) 342-2786 Fax: (910) 341-3264 betty.gurganus@wilmingtonnc.gov Debbie Moses Parking Administrator 106 Shenandoah Avenue Roanoke, VA 24016 Phone: (540) 853-8285 Fax: (540) 853-8299 debbie.moses@ci.roanoke.va.us Celeste Bilson, CPM Associate Director, CBRE Asset Services 271 17th Street, Suite 575 Atlanta, GA 30363 Client References City of Myrtle Beach, SC Municipal On-street Parking Management 2,400 spaces Dates of Service: March 2004 - Present Annual Management Fee: A. $0 - $99,000 City of Wilmington, NC Municipal On-street & Off-street Parking Management 2,793 spaces Dates of Service: February 2008 - Present Annual Management Fee: D. $400,000 or greater City of Roanoke Municipal On-street Parking Management 4,136 spaces Dates of Service: January 2002 - Present Annual Management Fee: D. $400,000 or greater Atlantic Station On-street & Off-street Parking Management 6,500 spaces Dates of Service: January 2004 - Present Annual Management Fee: B. $100,000 - $249,000 Phone: (404) 898-2500 Fax: (404) 898-2505 celeste.bilson@cbre.com For more information regarding the services performed at the locations listed above, please see Section 3, “Minimum Qualifications.” 55 Response to RFP No. 2016-107 Comprehensive Parking Management Services B. CAPACITY AND APPROACH i. Provide a summary overview of the proposed approach and methodology for engaging with City representatives while in the course of performing the duties. We are fully committed to providing the services described in the RFP, and greatly value this opportunity to be of service to the City of Delray Beach. We are hopeful to take the next steps in creating a collaborative, transparent partnership with the City, and seek to facilitate a continuing dialogue using the following Summary Overview (our proposed roadmap to success and commensurate operating plan) as a basis for our discussions. While Lanier prides itself on Standard Operating Procedures, best practices, ambassador-based services, accountability and internal audit functions, Lanier is not a business as usual company. As such, our Proposed Solution for the City is designed to seamlessly integrate into, and accommodate today’s parking dynamic while adapting to the evolving needs and demands that will be placed on the City’s parking assets (now and in the future) by its growing parking population (particularly visitors). With our experience in municipal parking operations, we have developed effective communication protocol with our public sector clients, regardless of the type of program. Lanier is seeking to participate in bi-weekly, face-to-face meetings with the appropriate City of Delray Beach Staff member(s), in Delray Beach, from the time the Contract is signed until approximately 60 to 90 days thereafter, or as mutually agreed upon. The switch to weekly meetings will ensure that the Lanier Team is on the same schedule as the City. Client and Operator communication is key to ensure successful operations, and Lanier will put the appropriate processes in place to ensure that important messages are delivered consistently to the City and its stakeholders, whether during the transition period, ongoing operations and/or special projects and events. ii. The overall approach to delivering the Scope of Services. Today’s public sector environment demands total accountability. In governance, as with public parking contracts, accountability has expanded beyond the basic definition of the term. It is the acknowledgment and assumption of responsibility for policies, actions, decisions, products and services, including the implementation of, and administration encompassing reporting, explaining and being answerable for all outcomes and consequences. This ever-increasing level of public scrutiny and stakeholder involvement requires more than just tactics of Parking Management 101. Lanier will embrace accountability, not only in our City of Delray Beach operations, but to the City’s stakeholders and parking populations; visitor, resident and employee. We understand that a government contract is more than simply the outsourcing of a vendor service; it is an implied arm (or extension) of a government body. Hence, the entire basis of our approach is founded on the premise of working with the City of Delray Beach and its stakeholders to forge a transparent, proactive, efficient, sustainable and accountable “public parking partnership.” 56 Response to RFP No. 2016-107 Comprehensive Parking Management Services iii. Goals that the Proposer would like to achieve. The Lanier team seeks to meet and exceed the City’s goals and objectives from and after this RFP. We formulated our response accordingly, and would like to address and achieve the following vital program components: A Seamless Transition and Ongoing Management and Operation of the City’s parking system to ensure the safety of the City’s constituents and visitors, as well as increasing revenues; Effective and Efficient Management Controls; Efficiency in Staffing and Vendor Management; Facilitating Continuous Program Improvements; Proactive Event Parking Management and Logistics; Working w/Local Firms to Facilitate our Value Proposition; Deploying Enforcement “Ambassadors” to Enable Superior Customer Service; Acting in a Consultative Capacity to Provide Best-in-Class Solutions to the City; Proposed Operational Methodology – On and Off-Street Best Practices; Transparent Bookkeeping, Accounting, Auditing and Financial Reporting; Integrating New Technology and Maintaining the City’s Parking Equipment; Keeping the Facilities in Clean, Safe, Secure and Presentable Condition at All Times Success Through Collaboration An overriding goal for Lanier is to create a collaborative working partnership with the City of Delray Beach and provide solutions that will develop and continuously improve the City’s parking program immediately, and for years to come. At Lanier, we believe parking is the glue that holds a Downtown together, and we take pride in our ability to adapt and take on new responsibilities. Lanier views itself as a value-added member of every community in which we operate, and is committed to providing the City of Delray Beach the highest level of service to support its visitors, residents, merchants and local tax payers. 57 Response to RFP No. 2016-107 Comprehensive Parking Management Services iv. Narrative that demonstrates working knowledge and understanding of the requirements of the Scope of Services. We read and digested the contents of the RFP and Addenda, as well as the comprehensive report from Kimley-Horn, and visited the City multiple times during our due diligence phase. Indeed, we believe the City of Delray Beach would benefit greatly from a coordinated, comprehensive parking management program and communications effort (including authentic stakeholder engagement) to accommodate its objectives from and after this RFP. Lanier is committed to perform these services in accordance with the requirements outlined in the RFP. Moreover, our approach for Delray Beach goes well beyond the traditional premise of managing the City’s new parking program. We strive to become an extension of the City itself, as Parking Ambassadors, fostering a positive public message, becoming part of the fabric of the City, using our advanced parking management techniques, technology tools and best practices to lead the way; operating from a place of passion, Standard Operating Procedures, efficiency and excellence. Lanier will focus our operational plan around the Scope of Services, and shall execute accordingly. v. Details of implementation plan and schedule. Transition Plan Lanier’s dedicated professionals know how important a truly seamless transition is to the City. We have handled numerous transitions for public sector clients throughout the country, many of which were for beach/tourist-based cities. We begin every new location and public parking program knowing a successful startup is absolutely critical and essential to establishing credibility and confidence with our clients, their stakeholders and parking customers. That’s why our goal during any transition period is to do everything in our power not to disrupt every-day business. Over the past five (5) years, Lanier and its affiliated group of companies has completed hundreds of new location transitions, several of which were for municipal parking programs. With our experience in transitioning new locations, we have developed effective communication protocol regardless of the type of program, and our municipal on and off-street transitions are no exception. As outlined in our Transition Timeline below, Lanier is planning bi-weekly face-to-face meetings with the appropriate Delray Beach Project Manager and/or member(s), from the time the Contract is signed until approximately 60 to 90 days thereafter, or as mutually agreed upon. The switch to weekly meetings will ensure that the Lanier Transition Team is on the same schedule as City Staff. 58 Response to RFP No. 2016-107 Comprehensive Parking Management Services Transition Team Tony Caffey, Transition & Acquisition Manager Tracy Kalteux, Senior Vice President of Human Resources Fred Bredemeyer, CAPP, Florida Division Leader Jeff Crimmins, Regional Vice President Steve Resnick, CAPP Senior Vice President, Municipal Division Kerry Loomis, Director, Municipal Operations Karen Quinn, Controller Winston Cooper, Director of Loss Prevention & Risk Management Amanda Taff, Information Technology Manager Transition Process Our transition process is systematic and methodical. Lanier uses a comprehensive Transition Checklist to ensure that every detail of the transition is covered. As soon as a new Contract is awarded, the Transition Team meets with Executive Leadership to discuss the Scope of the Project, understand all the details and client concerns, and to begin execution of the Transition Checklist. This checklist is tracked through an electronic project management tool (i.e. GANTT chart). A Timeline for completion of the Delray Beach project is developed, based on the lead-time given prior to start-up. Transition Team Meetings are held weekly, with the Checklist and Timeline updated regularly to share information with all parties involved in the transition. The local Transition Team stays in communication with the City through status updates and to discuss any questions, concerns, or problems that may arise. Our team at National Headquarters will also work with the City of Delray Beach to develop a communications plan for current customers/parkers regarding the transition. Details of our transition process include: 59 Response to RFP No. 2016-107 Comprehensive Parking Management Services A site-specific analysis and survey to determine the City’s specific needs Preparation of a written timetable with measurable goals A transition management team specifically assigned to the City of Delray Beach Development of a detailed instruction and operations manual Selective recruiting and careful screening based on the needs of the parking program Within the weekly meetings to transition the parking program, assignments are discussed and distributed among the departments within Lanier’s Headquarters. Our Transition Plan includes the Following Fundamental Elements and Processes The Transition Process starts with the notification that we will assume management of the City’s parking program. At that point, our Transition & Acquisition Manager, Tony Caffey, will convene the Transition Team into a series of meetings and communications to ensure that no item is overlooked. Local staff will:  Order cash/coin counter, safe and vehicles  Define needs for office supplies, parking tickets, signage, and other miscellaneous items for advance ordering  If necessary, adjust staffing levels and scheduling of hourly staff Our Management Team shall meet routinely with City Staff On the first day of operation, and perhaps even the first week should the City deem appropriate, additional management support will be on hand to greet arriving parkers to ensure efficiency and provide support to the hourly staff as they perform their new job duties. We will also observe and coach the hourly staff to ensure exceptional service. At the City’s request, we can host opening day activities to include light breakfast items, giveaways, bottles of water etc., for the City’s patrons. Delray Beach Implementation Plan 60 Days from Go Live Date In addition to the protocol outlined above, our proposed General Manager for the City of Delray Beach, Juan Perez, is a seasoned veteran with multiple years in the industry. Mr. Perez will work side-by-side with Fred Bredemeyer, Jeff Crimmins, and Kerry Loomis, our Director of Municipal Operations, learning all facets of the Delray Beach parking operation. The team will focus on the goals for the City and our Company as its Operator, as well as develop customized orientations for our frontline team. 60 Response to RFP No. 2016-107 Comprehensive Parking Management Services Together, alongside our Transition Team (as detailed later in this proposal), our Project Manager will work collaboratively with the City on the following items and tasks within the first sixty (60) days after the award. 30 Days from Go Live Date Ambassador Training - As referenced in our Proposed Solution, each of the Ambassadors will obtain the required Parking Enforcement Specialist (PES) Training Certification required by the Florida State Statue 316.640. Classes will be for a total of 16 hours. This is mandatory for any personnel who will be writing parking violations and all costs are covered under Lanier’s operating budget. The course not only covers the statues that are needed for parking enforcement in Florida, it also covers subjects like safety, booting, customer service and courtesy, new technology, recent changes in the law, professional appearance and the history of parking and why it is necessary for most municipalities to function. It will cover subjects such as how to look for violations, and special event parking. Parking garages, lots and on-street parking are all covered in this class course. A typical Lanier transition involves several members of our corporate, operational, and executive staff. Each member of the Transition Team has a defined role from the time the contract is signed, through the first week of operation and even for a period of time thereafter. It is important to Lanier that every employee be trained to the fullest in order to support the growth of the operation and respect the tight controls in place. vi. Describe Proposer’s strategies to ensure accessibility and availability of its corporate management team and support staff during the term of the Agreement. Lanier understands that the City of Delray Beach parking operations require a multi-level support structure – Executive Management Team, Senior Management and an On-Site team. Lanier’s executive management team will ensure accessibility and availability while providing corporate oversight to the City’s operations throughout the course of the contract. The Senior Management will act as the liaison between the City, Executive Management Team, and the On-site Team. Our on-site management team will again commit themselves to spearheading communication with the City through routine meetings, updates, and reports – dedicating themselves to the continued success of the parking operations. vii. Overall staffing plan to include an organization chart depicting the positions proposed and the reporting structure to include hiring for special events. Staffing Plan Our proposed Staffing Plan for these operations not only establishes, but will enhance the City’s potential for customer service. We do this while maximizing wages for our front-line employees. All Lanier employees will provide first-in-class service to the City’s parking patrons ~ with a smile and friendly hello. 61 Response to RFP No. 2016-107 Comprehensive Parking Management Services Dedicated maintenance personnel will ensure the long-term viability of the subject parking facilities, so we have budgeted for a comprehensive and preventive maintenance program to ultimately limit expenses and increase revenue for the City; ensuring existing and new facilities and equipment are well maintained and functioning properly. Lanier believes the foundation of a consistently successful operation begins with our people and how they interact with others; clients and customers alike. This fundamental groundwork of our Staffing Plan enables our senior management and executive teams to custom design the framework of how Lanier, along with the City’s input, believes the operation should function. Lanier will staff the parking operations with a team of professional, efficient, and highly trained employees capable of delivering the highest level of service. We want Delray Beach residents and visitors to recognize our uniformed employees, adding the opportunity to build a closer, friendlier relationship with them. Additionally, we understand that a quality operation begins with on-site leadership that delivers the results the City expects. Lanier personnel will be present and actively addressing the needs of local businesses, residents and visitors; all while focusing on achieving a high level of customer service. Staffing Schedules We recognize static schedules are subject to change based on weather, special events, demand (increased or reduced), future adoption of partial or full automation, and the City’s evolving parking program. Lanier’s on-site management personnel will always monitor and evaluate our Staffing Plan and make recommendations to the City of Delray Beach regarding operating hours and labor requirements. viii.Detail the types and functionality of equipment and technology to be utilized and Proposer’s plan for the implementation of and on-going support to include the following: (1) Revenue control equipment Lanier will be utilizing three (3) equipment vendors to deliver superior revenue control to the City of Delray Beach that will support our personnel on the ground. The solutions have been detailed in the various sections below. Lanier understands the City’s desire to install replacement multi-space paystations in the garages vs. a closed access system. (2) Multi-space parking technology Lanier has experience with several multi-space vendors in the industry. We also understand the City of Delray Beach has issued an RFP for the multi-space equipment. With our established existing relationships, Lanier is more than confident our maintenance team will work directly with their project manager for the installation. 62 Response to RFP No. 2016-107 Comprehensive Parking Management Services Lanier also commits to work with the City officials in determining the exact placement for the proper deployment in Delray Beach. Current placement recommendations include replacing the existing fifteen (15)paystations and the existing on-street single space meters on Atlantic Avenue. Expanded paid parking should be strategically placed in the Central Core Area to support the businesses with the turnover they need. The time limit for parking will then be measured by a variable rate schedule based on demand occupancy. This will also reduce the appeal rate for the number of violators that simply wipe off the chalk or simply move up a space on the same block. While the City may have its own preferences for said paystations and this may be flushed out through the RFP process, we thought it might be helpful to point out a few differences in the technology provided by Parkeon. Other multi-space paystation manufacturers have merits as well, but not every paystation solution is geared towards specific constituent and/or service needs in given cities. Parkeon has a CLOUD system that allows communication from the City to its customers. It allows for interaction with 3rd party applications such as Passport, which will be discussed in detail below. Parkeon paystations have the ability to take citation payments directly at the paystations, which allows customers to pay and go with a direct import into Passport’s citation database. For budgeting purposes, Lanier has budgeted for the following: Monthly fee is $50/meter/month (15 Units per the RFP for Multi-Space Paystations) Wireless Communication Credit Card Fee: (Parkeon does not have any additional fee per transaction - they are all inclusive) Back Office Hosting and Reporting (otherwise known as EMS or IRS) City News: Capability to display text or image on the meter that are chose and customized by the City Validation Codes: allow to have a discount or free time / free parking when a code is entered Again, Lanier is able to work with any vendor the City chooses in this process; and works with multiple vendors in this regard in our existing deployments; however, given our recommendation to use Passport, our proposed paystation pricing was obtained through Parkeon. (3) License plate recognition technology Passport’s solution will improve the overall efficiency and compliance of the City of Delray Beach by complementing the enforcement officers out in the field. Partnering with Genetec, Passport is able to provide License Plate Recognition (“LPR”) technology to its clients. This feature allows the City to improve the efficiency and speed of a single parking enforcement officer in a car outfitted with Genetec’s automatic license plate recognition (“ALPR”) cameras. 63 Response to RFP No. 2016-107 Comprehensive Parking Management Services Integrating LPR technology with Passport’s suite of products, the City or our Ambassadors can quickly scan license plates and gather all pertinent information associated with that license plate number (“LPN”). The scanned LPN passes through the software, which searches Passport and State records for black and white listed vehicles. If the search returns a negative report, the software will push notifications, image data, and GPS locations to the officer’s handheld device. This ultimately allows officers to cover more ground and enforce more accurately. The Hardware Genetec’s system, AutoVu, automates license plate reading and identification, making it easier for parking enforcement officers to enforce parking restrictions. The vehicle-mounted hardware system automatically captures license plate characters, vehicle images, timestamps, and GPS coordinates, decreasing the number of parking ticket disputes and increasing the rate of compliance. By scanning license plates with AutoVu, the City can complete enforcement routes faster with less PEOs. Lanier will be deploying three (3) ambassadors in energy efficient vehicles equipped with LPR cameras. There will also be one (1) on-street supervisor deployed during peak hours for added support. Garage LPR Enforcement sPark is an automated parking experience for registered Passport parkers. This feature allows parkers to park in a garage without having to stop at a pay station. A registered parker’s license plate number (“LPN”) will be picked up by license plate recognition technology (“LPR”) once they enter the garage, which will initiate the session. When the parker leaves and the LPR reader is no longer able to detect the LPN the session will stop automatically. The parker’s registered form of payment will not be charged until after the session is complete. To register for this program, a parker will save vehicles to their account, by LPN, as well as select a default payment method. When the vehicle enters the garage, the LPR will scan the LPN and run the number against Passport’s list of registered parkers. If the LPN is connected to a registered parker, Passport’s backend system will confirm the payment method and begin the parking session. The status of this parking session will be automatically pushed to the enforcement software to ensure accurate enforcement. To take full advantage of this feature, the City will have to install LPR cameras throughout the non- gated parking garages that it controls so that every parking bay is monitored. Passport integrates with several LPR providers already and will be happy to suggest a provider if the City wishes to purchase new LPRs. An added bonus of this functionality is targeted enforcement. By utilizing LPR technology within an enclosed space, Passport’s system is able to detect exactly where a vehicle is located within the garage. If a parker is not registered with sPark and hasn’t otherwise initiated a parking session, Passport can send targeting information to the enforcement software after the City-specified grace period has expired. 64 Response to RFP No. 2016-107 Comprehensive Parking Management Services (4) Parking sensor technology Parking sensors can become expensive and costly to maintain for little return on the investment. Occupancy data can be collected with the right amount of integrations from payments made at the multi space paystation and consistent enforcement through LPR technology. Lanier would like to introduce UIG that will provide that data and reports needed to provide the city with real time occupancy. The cost has been added to the amortization listed items at the end of this section. URBAN INNOVATION GROUP SMART PARKING MANAGEMENT SYSTEM BY URBAN INNOVATION GROUP Please see the following pages for more information about UIG. 65 2 WHO IS UIG? Urban Innovation Group believes that the core of a true “Smart Parking” system is a cloud based platform that enables data and process transparency. Parking meters, mobile payment apps, and wayfinding tools are singular solutions to a much larger problem. The convergence of these technologies and the migration to mobile is inevitable. The UIG platform was designed to bring these puzzle pieces together and be the backbone of a parking system. Parking operators can now manage the transition from equipment to the virtual world. ● Over 110,000 spaces managed ● 75,000 spaces managed in Moscow ● 10,000 spaces managed in Kazakhstan 66 3 UIG CLOUD PLATFORM ● Parking can no longer be viewed as stand-alone infrastructure. It must now be viewed as a part of a much larger ecosystem. ● UIG serves as both the backbone of a future parking system, but is also a bridge to make this transition a reality. ● The UIG platform is a full parking management system ● Fully integrated to provide the ability to manage, update and forecast from one location ● Works with multiple meter brands in one park ● Works with any mobile, guidance or enforcement system ● Analytics package is flexible to produce almost any needed report PAY BY CELL ON-STREET & OFF-STREET SINGLE-SPACE METERS SENSORS VIRTUAL PERMITS WAYFIDING MULTI-SPACE METERS 6 ENFORCEMENT CL O U D P L A TF O R M 67 4 D A SHBOARDS & ANALYTICS View all paid parking data in one place Filter by Parking Area or Parking Zone Report on specific date ranges Create hierarchy that meets local operation Customize the dashboards to display key reports or KPIs Reports include: ● Revenue Summary ● Quantity of Parking Sessions ● Revenue vs. Target Make intelligent decisions about your parking asset 68 5 DASHBOARDS & ANALYTICS ANALYTICS IS LIKELY THE MOST IMPORTANT PART OF ANY SOLUTION, AS IT PROVIDES THE BASIS FOR INTELLIGENT MANAGEMENT DECISIONS ● The UIG Forecast System offers a simple, economical and user-friendly solution to dramatically improve your forecasting and reporting capabilities. Ideal for automated occupancy and revenue management without sensors and the associated cost. ● Real-time Occupancy Statistical Forecasting and visualization on Google Maps ● Import Existing GIS Data / Convert ESRI format to Google Maps ● Capability to draw parking / tariff zones right in GIS / drag and drop functionality. ● Flexible Tariff Engine supports Tariffs of any complexity (recurring, calendar based, any tariff step, any grace period) ● Aggregated view on reporting on Assets (classified by type) ● Aggregated view on real time reporting of Payment Transactions from multiple channels ( meters / Mobile) ● Aggregated view to the Citation data ● Aggregated view of Enforcement efficiency ● Heat Map dashboard granular to the parking zone and specific parking (date and time view) ● Revenue forecasting dashboard granular to the parking zone and specific parking (date and time view) ● Works with any meter or combination of meters in your park. ● Capability to integrate any brand or brands of mobile payment ● Capability to manage on-street, off-street, surface and other parking at one GIS at the same time ● Automatic cashless revenue reconciliation tool 69 6 SCOPE OF WORK UIG SMART PARKING PLATFORM Business intelligence is a technology-driven process for analyzing data and presenting actionable information to help municipalities and operators make more informed business decisions. UIG can integrate and aggregate the data elements from the various parking technologies deployed and provide parking administrators with a complete view of their parking system. These data elements can include parking meter and mobile payment platforms as well as information from city budgets and enforcement platforms. UIG dashboards and analytics modules integrate transaction, payment, citations and other data from various channels such as parking meters, mobile applications, off-street systems, the UIG customer web portal, enforcement programs, and others into the one solid database. This complete view removes the need to manages multiple reporting platforms and toggle between platforms when generating reports or system KPIs. Effective pricing models are dependent upon the data that drives them. Incomplete data leads to incomplete decisions. The UIG platform incorporates all relevant parking data so that system administrators can make effective decisions that maximize the value of the parking system. This value not only includes revenue generation but also the public experience with the parking system. UIG leverages on this data to create occupancy and demand forecasts. The result is a demand based pricing model that dynamically selects and recommends optimal rates for on-street parking zones (including progressing and dynamic tariff) or off-street parking zones and objects based on forecasted demand, arrival date, length of stay and more. 70 7 SCOPE OF WORK UIG REVENUE MANAGEMENT SYSTEM INCORPORATES: ● UIG dashboards and analytics modules integrate transaction, payment, citations and other data from various channels such as parking meters, mobile applications, off-street systems, the UIG customer web portal, enforcement programs, and others into the one solid database. ● UIG dashboards and analytics modules allow getting and filtering information by: • On street/off street parking • Country/City/Parking Zone/ Parking Place/ Garage • Report on specific date ranges 71 8 SCOPE OF WORK FORECAST FOR PARKING ZONES Best-in-class Analytics – using transaction level data to provide accurate forecasting, the system automatically learns from and reacts to demand pattern changes, enabling informed recommendations to deliver maximum revenue and occupancy 72 9 SCOPE OF WORK OFF-STREET AND ON-STREET FORECAST ING 73 10 SCOPE OF WORK OCCUPANCY FORECASTING With the right approach and historical data, parking occupancy forecasts can go far deeper than manual processes and educated guesses, yielding new insights that elevate business performance. UIG forecasting algorithm creates a diagram for every minute of the day for each parking space. It generates parking spaces occupancy forecast with accuracy more than 90%. 74 11 SCOPE OF WORK REVENUE ANALYSIS WITH UIG SCENARIO MANAGER Demand Pricing – dynamically selects and recommends optimal rates for on-street parking zones (including progressing and dynamic tariff) or off-street parking zones and objects based on forecasted demand, arrival date, length of stay and more. Data visualizations and dashboards – understand your business at a glance with actionable insight: ● Dashboard view – graphical dashboard views of key metrics. ● Performance map – quickly identify underperforming and maximized meters and assets across your parking plant. ● Personalize reporting – ability to view custom reports based on role and authorization level. ● Intuitive comparison – assess multiple reports side-by-side to recognize new patterns and guide decision-making. ● Get a snapshot of business trends and exceptions, and much more ● Powerful business forecast – in-depth business forecasting lets you drill down to almost any level of detail. ● Flexible reporting - custom and standard reporting features manage-by-exception functionality 75 12 PROPOSAL CITIZENS PRICING # of Parking Spaces Reporting & Analytics Up to 1,000 $1.75 1,001-2,500 $1.50 2,501-5,000 $1.25 5,001 and up $1.00 As a preferred partner of ParkTrans Solutions and UIG, Citizens Parking will purchase the modules above for $1/space/month/module. 76 13 APPENDIX A WIRELESS SENSOR INTEGRATION UIG platform allows integrating different parking sensing solutions into a single scalable System that allowed for different data sources to connect in a plug&play mode, being scalable and mainly based on software engineering techniques. This system would: ● Offer drivers real-time assistance to find available parking spaces near them ● Know the occupation ratios for taking decisions about parking space vehicle occupancy and ● Provide useful information for disabled people who typically require more time to find free parking spaces. NEDAP LIBELLIUM 77 14 APPENDIX B WIRELESS SENSOR INTEGRATION NWAVE STRIZH STREETLINE FYBR WORLDSENSING SMART PARKING 78 15 URBAN INNO VATION GROUP Headquarters 2711 Centerville Road Suite 400 Wilmington, Delaware 19808 +19293301119 Cyprus Annis Komninis, 4, Solea Building, office 801, 1060 Nicosia, Cyprus urbaninno.com hello@urbaninno.com Spain Paseo de la Castellana 18 7th floor Madrid 28046 +34917942712 +34917942715 79 Response to RFP No. 2016-107 Comprehensive Parking Management Services (5) Smart-phone parking Apps Passport Parking, Inc. (“Passport”), Lanier’s subcontractor for this offering, is pleased to present a mobile technology solution for the City of Delray Beach, FL (the “City”). Passport currently serves over 250 clients total, more than 35 of whom use the Citation Management Platform, including Omaha, NE; Salt Lake City, UT; and New Haven, CT. As the largest provider of mobile applications for parking and transit in North America, Passport has the knowledge and capability to provide the most robust total platform to the City - from mobile payments to ticket issuance to ticket payments. By working with the City, Passport understands the entire value chain including monitoring, citation issuance, citation appeals, payment, and collections. Passport platform is capable of handling massive amounts of transaction in real time, and is currently processes 500,000+ citations annually and processes over $200 MM in payments annually. This technological superiority and attentiveness to customer services has yielded a 100% client retention rate while maintaining 95% of its contracts on a month to month basis. Municipalities partner with Passport because of a commitment to creating a memorable user experience coupled with a backend platform to save operational time and cost while generating additional revenue. Passport is uniquely positioned to be the best provider for the City of Delray Beach due to the following success factors: Fully Integrated Ecosystem Passport’s entire suite of products is seamlessly integrated with its backend management portal, Operator Management (“OpsMan”). Additionally, Passport operates on an open API, meaning that it is able to integrate easily with almost any other software. Some of Passport’s key integrations include NLETs for scofflaw and DMV lookups and Genetec for LPR technology. Having the capability to control the entire system from one web-based portal will streamline all of the City’s parking management processes. Future Proof Technology changes so rapidly that it is imperative to choose a partner committed to the long-term success of the program. Passport strives to continuously deliver upgrades and enhancements directly related to improving the overall technology experience for all program stakeholders. Passport’s and the City’s interests are aligned to maximize yield and provide the best and most operationally efficient tools at all times. 80 Response to RFP No. 2016-107 Comprehensive Parking Management Services Real-Time Enterprise Platform The brain of Passport’s suite of products is the backend management tool, Operator Management (“OpsMan”), which continuously aggregates data in real time. OpsMan gives the City a constant flow of data and complete control of the parking environment. OpsMan pulls data from the citation issuance software, OpsMan Mobile, which a City administrator may query and run reports on immediately. Knowing the full depth and breadth of the parking environment, the City will be able to make decisions backed up by daily, weekly, and monthly data trends. The easiest way to use Passport’s Mobile Payment for Parking platform is through the native iOS or Android app. Once a parker downloads the app from the Google Play or Apple App Store, they will only need to enter the zone number, space number, and a single piece of identifying information to begin a parking session. The parker does not need to register in order to use the app, but registering does streamline the process for the next parking session. A parker may pay using a credit or debit card, paypal, or a dedicated wallet. Additionally, certain parking sessions may be paid for by a local business in exchange for patronage. Mobile Web Even though the vast majority of Smartphone users use either an Android or Apple device, there are still a number of users with different operating systems. To accommodate all Smart Phone owners, Passport’s Mobile Payment for Parking website is configured to run on a mobile web server, allowing anyone with internet access to pay using Passport. IVR In accordance with the ADA, Passport offers an IVR payment method that allows those with colorblindness or other disabilities the capability to pay for parking via the telephone. The parker will be prompted to provide specific information related to parking zone and space number. Once this information is received, the parking session will begin. SMS Passport understands that not every parker has a Smartphone; therefore, the Mobile Payment for Parking platform is configured to receive payment via SMS. The parker will be prompted to provide specific information to initiate and pay for their session from any cellular telephone. Registration Passport’s mobile payment platform is the simplest, most robust mobile payment solution on the market. As the only provider using progressive profiling for registration, parkers register using only information needed at that specific point in the process, in contrast to populating an entire profile at sign up. 81 Response to RFP No. 2016-107 Comprehensive Parking Management Services For example, Passport’s platform only requires one piece of identifying information (phone number, email, or public Facebook profile) and a valid credit or debit card to pay for parking; payment card information is only requested once a transaction is initiated, in an effort to streamline the registration and avoid ‘hang ups.’ Passport understands that most adopters of the system do so as they are about to purchase their first parking session, as opposed to planning in advance; therefore, Passport focused on making the registration process as quick and easy as possible. With just two clicks, Parkers can create their account using their public information on Facebook. Facebook login does not give Passport access to any other information or let Passport post to a parker’s Facebook account. If a parker registers the first time they use Passport, each subsequent session will only require they enter a four digit pin. Payment Options Passport Parking accepts payments in the form of debit or credit cards, PayPal, validation codes, a prepaid Wallet, or through a corporate account. Merchant Validation Passport promotes local businesses by incorporating them into the downtown parking environment. Passport’s solution allows merchants and retailers throughout the City to subsidize and validate the parking costs of its customers on all municipal metered spaces. The advantages of this feature are seen on every level: the City turns community leaders into advocates for the mobile payment platform, the business incentivizes parkers to visit their store fronts, and the parker has money put back in their wallet. Research has shown that by offering merchant validation, a customer’s duration in a store increases by 13%, parker satisfaction with the application increases, and more parkers adopt the mobile application as their primary means of purchasing parking. To ease the burden on the City, Passport operates this program completely independently of the City’s portal. When a business signs up for the discount program, the system will generate unique coupon codes, which the City can distribute to participating businesses. The City should recognize value immediately. Coupons Passport will create an online portal where merchants can purchase and generate coupon codes. While purchasing parking, the merchant may also choose to distribute the codes via email, text, or printed handouts in the store. The codes can be used prior to payment or retroactively, acting as a credit against the next parking session. Every code is unique and may only be used one time to prevent fraud and abuse. Digital Wallet Passport’s Digital Wallet is the industry’s only closed-loop system, lowering costs, offering more control, and increasing customer loyalty over typical card-present situations. Passport’s Digital Wallet provides the City’s parking customers the ability to add and store prepaid funds in their account. When the parker pays using the Digital Wallet, the transaction is simply deducted from the prepaid account rather than being charged to a credit or debit card. 82 Response to RFP No. 2016-107 Comprehensive Parking Management Services The key differentiator of Passport’s Digital Wallet is that all merchant processing savings are passed on to the City. When a parking session is initiated, the money goes straight to the City’s account. There is no waiting for funds or calculating receivable days. This stands in stark contrast to other mobile payment wallets that operate on open-loop systems, where software providers or escrow companies hold the funds. Using Passport’s dedicated wallet, the City can reduce merchant processing costs by up to 71%. What the City chooses to do with these savings is up to the City, but other cities have passed on these savings to parkers, increasing utilization and loyalty to the product. Promotional discounts, including waiving the convenience fee on wallet transactions, incentivize parkers to use the wallet, which further benefits the City’s bottom line. Extend Parking Remotely After initiating a parking session, the parker is free to go about their day without concern for their parking session. When the session is 15 minutes away from expiring, the parker will be notified by their phone. Upon receiving this notification the parker has three options: (1) return to their car, (2) ignore the notification and risk a ticket, or (3) extend their parking remotely. Using the same method that the parker used to initiate the session, the parker may easily extend their parking session. The City can control how many times and for how long the parker may extend their time, ensuring that this convenience is not abused. The parker’s credit or debit card is not charged until the end of the session, meaning that extending a parking session only incurs a single charge for the parker and a single merchant processing fee for the City. At the end of a parking session, the parker’s method of payment will be processed and a receipt will be generated. If the parker has not registered their account, they will be prompted to enter an email address to be sent a receipt. However, if the parker has registered their account, the receipt will be automatically emailed to them and available in ‘Parking History.’ A registered account will have a menu option that tracks all parking transactions. From this page, the parker will be able to view and organize all parking receipts. If the parker needs to resend a receipt to them or a third party for reimbursement or accounting purposes, they will be able to do so from this page. The transactions are organized in the order they were received. 83 Response to RFP No. 2016-107 Comprehensive Parking Management Services (6) Garage maintenance equipment Lanier will be purchasing two (2) pressure washers each year to support the garage maintenance responsibilities. This will allow spot treatment immediately for stairwells and drive lanes. (7) On-line payment of parking citation Mobile Friendly To increase the likelihood of payment and provide a memorable experience, RMCPay is mobile friendly. The webpage will automatically detect the device’s screen size and adjust the user experience accordingly. For example, when a mobile device screen size is detected, a custom mobile drop-down menu is served to that violator, making it significantly easier to navigate the page. Additionally, on the mobile version, the violator need not scroll down to the bottom of the screen to send information to the system, the information will be returned merely by hitting “send” from the keyboard. Citation Aggregation When the violator visits the site, they will be prompted to look up the citation by either a license plate number (“LPN”) or the citation number. Based on the LPN entered, the system will return all citations associated with that LPN. If the violator has multiple outstanding citations, they will be able to pay for all or a selected few of the citations at one time. In addition to paying for all citations at one time, the violator will also be able to see details associated with each citation. These details include the street address where the vehicle was parked at the time of issuance, any photographs taken by the enforcement officer to support the citation, notes made public by the enforcement officer, the date of issuance, reason for the citation, vehicle make, any late fees, and appeals history. If the violator is marked as a scofflaw, RMCPay will alert the violator of this, explain the reason for the designation, the consequences of the designation, and how to reconcile your account. Payment Process After the violator has selected which citations to pay, they will be brought to a payment portal. To ease the payment process, Passport will prefill specific data, such as the billing address state. The violator can then pay using a credit or debit card. 84 Response to RFP No. 2016-107 Comprehensive Parking Management Services Appeals Process If the violator believes that they were issued the citation in error, they will have the option to appeal the citation through RMCPay. The City has the option to allow violators to appeal. By simply clicking the “Appeal” button, the violator will be prompted to enter their reason for appeal, provide an argument, and upload supporting photographic evidence. When a violator appeals a ticket, the data input will be available immediately in OpsMan. The data in OpsMan will be made available to that City administrator who is responsible for citation adjudication. If the municipal court system handles this process, the City can grant limited OpsMan access to the Clerk of Courts or other personnel as necessary. If the appeal is granted or the fine amount is adjusted, the City administrator need only update OpsMan and RMCPay will adjust accordingly, in real time. Customer Service For those violators who do not have a smart phone, internet access, or otherwise cannot use the RMCPay website, Passport also offers payment and support via a telephone. Passport will receive the calls, record the payment, and take notes, all of which will be documented in OpsMan. Any notes taken by the Passport Customer Support team will be forever attached to the citation. The call center will be staffed Monday-Friday to answer all inquiries from violators. The call center will also be available to answer any questions that any violator may encounter while using RMCPay. Passport offers a premium service, which is the ability to customize and brand a website for the City. Passport pioneered the private label movement in parking and transportation, and understands that every town is unique and the technology used should reflect that. Passport will build a website for parkers in the City to be able to purchase hourly or daily parking sessions, parking permits, and pay for parking citations through one portal. Passport’s branded payment website will be branded across all communications, creating a higher level of awareness and increased utilization of the system. Passport’s solution allows the City’s name to stand out front and center. Passport will partner with the City to create a unique website tailored to specific needs. Whether the City needs a standard solution branded in the City’s colors or a fully customized platform, Passport delivers best-in-class technology. 85 Response to RFP No. 2016-107 Comprehensive Parking Management Services (8) Network security for all transactions and information Passport is a payments processing company, and in order to do this effectively, security is the number one concern of everyone at Passport. Passport goes above and beyond required security measures to provide peace of mind to cities, parkers, violators, permit holders, and riders. PCI-DSS Compliance Any merchant that stores, processes, or transmits cardholder data is required to maintain payment security of that information. PCI security standards lay out the technical and operational requirements for software developers and manufacturers of applications and devices used in payment transactions. PCI Data Security Standards (PCI-DSS) provide actionable framework for developing a robust payment card data security process -- including prevention, detection, and appropriate reaction to security incidents. Passport maintains PCI-DSS Version 3.1 compliance. No sensitive information is stored or transferred on the Passport database. The only information stored on the database are names, phone numbers, and email addresses. All credit card information is stored in an isolated card storage database. That data is encrypted and tokenized to reduce the risk of credit card fraud in the event of a breach. SSAE-16 The Statement of Standards for Attestation Engagements (SSAE) No. 16 is the authoritative guide for reporting on service organizations. Using these standards, Passport is audited by an Independent Auditing Firm, which issues a Service Auditor’s Report. The Report outlines the chain of control and risk associated with internal operations. Passport completes SSAE-16 audits annually for its mobile payment transactions. Price Waterhouse Coopers In addition to other security standards and audits that Passport regularly engages in, Price Waterhouse Coopers conducts ethical hacking on Passport’s system yearly. PWC hackers attempt to break Passport’s system, searching specifically for security flaws. Any issues that arise from this exercise are immediately relayed to Passport and fixed. A-LIGN Passport hires A-LIGN to assist in meeting specific auditing and security assessment needs. A-LIGN helps navigate security standards for credit card transactions and ensures that Passport continually meets and exceeds those standards. 86 Response to RFP No. 2016-107 Comprehensive Parking Management Services Secure Socket Layer Passport utilizes Secure Socket Layer (SSL) to securely transfer sensitive data between the application and servers. SSL is the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral. Passport only stores the name and email address of the parker, violator, permit holder, or rider on the application while all other sensitive data is stored on a secured, firewall protected server. Gateway Provider Passport is listed as a certified gateway provider on both Visa and MasterCard’s national registries. Additionally, Passport is recognized as a sponsored service provider for both companies as well. OpsMan Internal security standards are managed through Passport’s backend system, Operator Management (“OpsMan”). OpsMan restricts access to data via permissions defined by the City for the administrators. Roles can be created such that specific titles correspond to specific access permissions. Passport will only have access to the username (either email or phone number) of administrators for troubleshooting and customer support. (9) Emergency network backup Passport’s servers are hosted by Amazon Web Services (“AWS”), a secure cloud services platform that stores databases and delivers content and functionality to its clients. Part of AWS’s service offering is the implementation and maintenance of virus and security software. Using AWS and its suite of products, Passport is able to offer peace of mind to the City. Database Storage Amazon Relational Database Services (“RDS”) houses Passport’s database. RDS provides multiple advantages to Passport such as provisioning, patching, backup, recovery, failure detection, and repair. Using AWS and RDS, Passport is able to scale easily, which means that every one of Passport’s clients’ utilization can grow quickly and all at the same time without affecting the efficacy of the database. Elastic Load Balancing Multiple servers exist within the system, each with the capacity to host the entire system. Amazon RDS automatically creates a primary database instance, which is simultaneously replicated to a standby instance in a different Availability Zone (“AZ”). Each AZ runs on its own physically distinct, independent infrastructure, and is engineered to be highly reliable. If a server becomes overloaded or fails, RDS performs an automatic failover to the standby instance. This means that the application can resume database operation without the need for manual intervention. Essentially, RDS protects the system from failure and the only potential lag time would be the amount of time it takes for the system to failover from one AZ to the next. 87 Response to RFP No. 2016-107 Comprehensive Parking Management Services Database Backup RDS offers automated backup, which allows for point-in-time recovery of Passport’s database instance. RDS backs up the database and transaction logs and stores both for a specified retention period, meaning that Passport can restore its database instance to any second during the retention period, up to the last five minutes. Passport’s entire database is backed up daily between 3:00-3:30AM EST, capturing all transaction logs. Each backup is saved for seven (7) days and will be able to recover all data and transaction logs up to the morning of the failure. Database Snapshots Amazon’s Simple Storage Services (“S3”) takes and stores database snapshots of the entire system. The snapshots are kept until explicitly deleted and are incredibly durable, allowing Passport to create a new instance of the database from the snapshot whenever needed or desired. These snapshots can be stored in separate AZs, giving an additional protection against any potential system failure or overload. Daily offsite snapshots are taken of the entire Passport database. Passport guarantees that its solution will have a 99.9% uptime. ix. Detail Proposer’s strategies for the following services: (1) Parking meter collections We will collect the City’s parking meters based on a schedule to be mutually agreed upon with the City of Delray Beach. We have budgeted and staffed our proposed operation; however, with the necessary collection personnel and shifts in order to collect the meters on an appropriate routine basis, subject to demand, based on our understanding of the RFP and visual observations of the City’s footprint. Subject to the specifics of each equipment manufacturer, whether for single or multi-space meter collections, we will follow the appropriate collections and revenue control protocol. Transactions will be linked to our entire revenue control system, which creates continuity and a complete picture. If a transaction is missing, the system allows the missing transaction to be identified and traced. Lanier’s stringent revenue control platform and corresponding procedures ensure that our Management Personnel and front-line team members have individual accountability for their work. In addition, Revenue Control for the City’s operations will be assured through: Proper training and review of employees Consistent supervision both on-site and off-site A system of records designed to create an audit trail We implement a cross-referenced series of procedures and reports detailing all revenue and traffic activity (optional). Our integrated system is specific to the parking industry, and can report standard and customized client information as needed. Complete budget information is maintained and used to analyze the monthly results of our operations. 88 Response to RFP No. 2016-107 Comprehensive Parking Management Services Additional information on our revenue control procedures and associated protocol follows below. (2) Collections accounting Management of Receipts Collected by Shift Lanier maintains a comprehensive system of internal cash controls on site and off. Maintaining the integrity of the City’s revenue stream is our top priority. All on-site personnel will work with the General Manager and our corporate accounting staff to ensure that all accounting protocol is followed, and all accounting information is processed in accordance with Company and City of Delray Beach guidelines and requests. Standard operating procedures follow: Revenues are recorded by revenue category, location and shift daily A complete audit trail of cash exists from ticket distribution to the final deposit in the bank Each Ambassador’s shift report and tickets are independently reviewed, recorded and verified Unannounced random audits are conducted on all Ambassadors several times each week by the General Manager and administrative staff (Assistant Manager and/or Accountant/Bookkeeper) Daily revenue reports are prepared to document receipts by category and location Revenue reports are always supported by validated deposit slips Senior management reviews revenue reports on a daily basis. Executive management reviews reports weekly and monthly Monthly revenue reports are prepared by location, summarizing daily revenue by category. Actual revenues are compared to budget on a monthly and annually Management strives to anticipate budget variances and takes appropriate action. Collections Platform from Passport Delinquency Notices Passport will customize a notification letter to the specifications of the City, which will be mailed to violators at set intervals of time. The City can create a different letter for each level of delinquency, with the fine amount increasing accordingly. During implementation Passport will configure the system to mirror the existing escalation and delinquency schedules. As delinquent citations in the City near an escalation point requiring a mailed notice, Passport will send batch queries to NLETS and gather current mailing information for those VIN and LPNs. Passport’s solution is a relational database, with the ability to tie similar records together utilizing LPN and VIN information. 89 Response to RFP No. 2016-107 Comprehensive Parking Management Services In the event a vehicle owner has multiple outstanding citations, the system will automatically aggregate all records tied to that LPN and VIN. Should a violator’s plate return new information from NLETS, Passport’s solution will automatically update the owner information for all other outstanding citations attached to that LPN. When Passport has confirmed the mailing addresses, OpsMan will automatically generate delinquency notices based on the number of days delinquent the citation is. These letters will be sent out automatically, relieving the City of the stress of stuffing and stamping envelopes. If payment is received after receipt of the delinquency notification, OpsMan will reconcile the account and stop sending delinquency notices to that violator. Audit Trail Passport’s solution will automatically generate and print notification letters, in line with the City’s escalation schedule. Each letter generated and mailed will be tracked in the system. The City can query current and outstanding violations. Each letter sent will be attached to the citation detail within OpsMan and the City can view a copy of each letter sent. Every citation has its own audit trail so that at a glance the City can see every action taken on that citation from the time of issuance to final disposition. Operator Management (“OpsMan”) The brain of Passport’s suit of products is its backend system, Operator Management (“OpsMan”). OpsMan puts all management and analytics tools into the hands of the City administrator. System Configuration Chalking Setup Passport’s Citation Management Platform will allow parking enforcement officers to digitally chalk vehicles. There are several ways in which the chalking can be configured, all of which are managed within OpsMan. Regardless of the method (zone-based, block-based, or address- based), that will be fully established prior to launch. After launch, if the City wishes to make changes to the chalking areas that will be done entirely through OpsMan. Integrations Due to Passport’s open Application Programming Interface (“API”), integrations are easier and quicker. While Passport is implementing its product, it will also integrate with other necessary software to provide a seamless transition. Notification Letters Prior to launching the product, Passport will work with the City to create a template for notification letters. These letters will be automatically generated and mailed when a violator fails to pay their parking fine. A different letter will be created for each stage of delinquency and will fully comply with local and state regulations. Fine Escalation Schedule During implementation, Passport will configure the system to mimic the existing fine escalation schedule. If a fine doubles every 30 days without payment, OpsMan will automatically do the same, sending out a notification letter, and increasing the fine amount in OpsMan for accounting purposes. If the City ever changes this schedule, it will be able to do so from within OpsMan. 90 Response to RFP No. 2016-107 Comprehensive Parking Management Services System Transparency Route Tracking City administrators will also have access to a route tracker to keep tabs on all parking enforcement officers. An administrator may either monitor the parking enforcement officers in real-time or see a replay of a given day, to ensure that everyone is staying on track and to plan routes more efficiently. These two tools combined will allow a parking management operation to work smarter rather than harder. Complete Control OpsMan puts all of the control into the hands of the City. From this backend system, a City administrator will be able to add time to make adjustments to citations and permits. Administrators will be able to manually adjust citations, fine amounts, reconcile accounts, add notes, and reprint citations. For all platforms, administrators will have the ability to update information including names, vehicle information, and LPNs. As an added layer of transparency, every adjustment made in OpsMan is time stamped with the username of the administrator making the adjustment as well a date and time. Reporting OpsMan aggregates data from all other platforms (Passport app, OpsMan Mobile, and RMCPay), allowing City administrators to access and analyze data in real time. OpsMan comes with certain predefined reports, but all data may be exported to Excel, giving the City even more control over management of the system. All reports can be manually run or scheduled to run in the future. Pre-scheduled reports can be set to run on a recurring or one-time basis. Predefined Reports OpsMan is configured to run reports on a myriad of topics and facets related to the entirety of the City’s parking environment. In running these reports, the City may choose the time frame, being as broad as total transactions and as a specific as a given day. OpsMan will come with the following reports ready to be run on the following topics: Limited Administrative Access Knowing that different roles and administrators have different data needs, Passport created OpsMan to easily limit access. The main City administrator will have access to all data and be able to easily manage different access levels. These levels can range from having access just to financial information for the City’s accountants, whereas parking enforcement officers only need access to citation issuance reports. The City’s adjudicators of citations can have access to the actual citation as well as appeals data and be able to update the status of an appeal as well as the fine amount. All of this is possible in OpsMan and is within the full control of the main City administrator. 91 Response to RFP No. 2016-107 Comprehensive Parking Management Services Customer Support Live Chat Support - Passport will offer live support, via the telephone, for any technical issues that the parker may encounter. However, when the parker has questions or issues with the actual parking structure, they will be directed to contact the City. To manage this influx of calls, Passport created a live chat support function between the parkers’ app and OpsMan. City administrators will be able to speak directly to parkers and solve problems, from any location with internet access. This improves the parker’s experience using the application and it releases the City from tying customer service to a particular call-center location. Client Success Knowledge Base - Knowledge Base is an online repository of training videos, online forums, and training materials, all of which are updated along with the software. Using Knowledge Base, City administrators will be able to chat with other OpsMan administrators in other cities to work through common problems; watch short training videos on new and old functionality; and access training manuals for each of Passport’s products. Passport’s Client Success Managers ensure that this information is updated regularly. If, for whatever reason, Knowledge Base does not address the City’s concern, the Client Success Manager is always on hand to resolve issues as needed. Client Care After contract execution, the City will be managed by Passport’s Client Success team. This team is made up of the Client Success Manager and a Client Care Associate. The Client Care Associate is devoted solely to the technical support of the City. Having a dedicated technical support line and representative ensures that the City receives the best service in a timely manner. The City will be able to contact the Client Care Associate 24 hours a day, 7 days a week via email and during regular business hours via phone. Regardless of method of communication, all issues will be resolved in accordance with Passport’s backup procedures, which prioritize problems by the impact of the issue. The Client Care Associate will be in constant contact with the City throughout the resolution of the problem. All technical and operational support items should follow the outlined procedure: Email: help@passportinc.com Include the nature of the issue and any background that would be helpful in resolving the identified item. Phone: Immediately call 980-939-0990 The on-call team will respond to inquiries and take appropriate action. 92 Response to RFP No. 2016-107 Comprehensive Parking Management Services (3) Processing of all monies collected Security of Money All monies collected must be kept in a safe and secure environment during normal operating hours as well as after hours. Separate security precautions have been developed for “operating hours” and “after hours” storage of funds, if applicable. Operating Hours 1. Monies are to be kept in a lock box at all times throughout the day and are to be out-of-sight of customers at all times throughout the day 2. When the party responsible for monies is temporarily away from their desk, monies are to be stored in a secure lock box and either placed in the employee’s locked desk Manager. 3. Monies collected throughout the day are to be logged at the time of receipt on the proper transaction log Upon day’s conclusion, the employee is to balance their monies collected to the proper transaction logs, as follows: Monies are to be deposited in the proper account by management (or designated employee) Employee’s actions throughout the day must be evaluated to determine if negligent Supervisor or management must audit responsible employee’s bank and transaction logs If monies remain unbalanced, management is to contact Senior Management If unbalanced funds are not reported to the direct supervisor and/or management, the responsible employee may receive disciplinary action and/or termination After Hours 1. Only if applicable, all monies collected, verified and not deposited are to be given to management for overnight storage 2. If monies are coins from the cash registers or pay stations, each denomination is to be bagged/tied separately and stored in the safe overnight  Inventory of coins are logged onto the “Coin Count Log”  If pay stations are collected, cash should be deposited the day of collection  If unable to be deposited, Senior Management must be contacted prior to the end of business day  Cash is logged onto the “Safe Log” form for record keeping purposes 3. If monies are from the sales of permits or miscellaneous revenue (events, movie shoots etc.), the monies should be placed in a “bank bag” or lock box and placed into the safe for immediate deposit or overnight storage, then logged. 93 Response to RFP No. 2016-107 Comprehensive Parking Management Services 4. After all monies are placed in the safe for overnight storage, management or designee is to secure the safe room by activating the safe room alarm 5. At the beginning of the next business day, management is to pull all funds to be deposited from the safe and verified by the employee responsible prior to the deposit being made Banking of Revenues Collected Daily In accordance with our standard operating and revenue control procedures for the management of receipts collected by shift (as outlined above), customer transactions are accounted for, reconciled through our reporting system, deposited into the City’s designated bank account on a daily basis, and summarized in daily, weekly, monthly and annual reports to the City. Revenue reports are always supported by validated deposit slips, which also become part of our audit trail. (4) Citation management Lanier and Passport understand that a transition to a new platform comes with multiple variables and high stakes. When it comes to such an important revenue stream for the City’s budget, the City cannot afford to trust a supplier without the proper expertise to complete this process and facilitate a seamless transition with zero loss of data. Lanier and Passport are expert at transitioning municipalities from a prior vendor’s services to their own, intuitive platform, including associated systems and data. Passport’s citation issuance platform, OpsMan Mobile, is a cloud-based application built on the Android operating system, which is dually advantageous to the City: updates do not require expensive hardware retrofits, nor does it take weeks for the store to approve each update as other handhelds and Apple does. In the last year, Passport updated its issuance software more than 50 times, pushing each update to the system in a matter of hours or days, depending on the needs of the City. 94 Response to RFP No. 2016-107 Comprehensive Parking Management Services Standard Functionality Custom Configuration During the implementation process, Passport will configure OpsMan Mobile to all state and local regulations related to moving violations. This includes customizing the codes associated with each cause of action. PEO Specific Each parking enforcement officer will have a unique username and password, which they will be required to enter at the start of every shift. When logged into the system, the officer’s name will automatically populate in OpsMan when issuing citations, creating a more efficient issuance process. Solution Wide Access to Data Unlike other providers, Passport’s solution will share data and information across all devices running OpsMan. All information is updated in real-time, giving every officer in the field a full picture of what is happening. For instance, when one parking enforcement officer chalks a vehicle, a second parking enforcement officer can issue the ticket after the allotted time has passed. Dynamic Search To further simplify the issuance process, OpsMan Mobile is completely dynamic. When a parking enforcement officer is checking a license plate number (“LPN”), as they enter each digit, the pool of LPNs that have paid to park diminish. Therefore, the parking enforcement officer may only need to enter in a couple of digits before confirming whether the parker paid for their session, which allows the officer to check plates Black and White Listing OpsMan Mobile can be configured to alert the parking enforcement officer if the LPN is registered to a vehicle that either should not be issued a citation or requires additional actions. If an LPN is registered to a state or municipal government official, that LPN can be listed in OpsMan Mobile as not being eligible for a citation. The City will have access to control this list through OpsMan and can limit administrator access to the list to prevent misuse. Aside from scofflaw and boot and tow warnings, which are automatically incorporated into the Citation Management Platform, the City can also request warnings for other criminal actions. For instance, stolen vehicle warnings, tax evasion, and arrest warrants. In Field Reporting OpsMan Mobile gives each parking enforcement officer the ability to report incidents from the field in real time and support those incidents with photographic evidence. If a parking enforcement officer notices a sign that has been vandalized or a malfunctioning parking meter, they will be able to take a picture of the issue and report it. OpsMan Mobile updates in real time to OpsMan, giving immediate notice to the appropriate City administrator. 95 Response to RFP No. 2016-107 Comprehensive Parking Management Services Passport also integrates with Genetec for LPR technology and can pull data from Genetec into the Citation Management Platform. This feature allows the City to improve the efficiency and speed of a single parking enforcement officer in a car outfitted with Genetec’s automatic license plate recognition (“ALPR”) cameras. Integrating LPR technology with Passport’s suite of products, the City can quickly scan license plates and gather all pertinent information associated with that license plate number (“LPN”). Data Collection Passport’s platform is more than just a citation issuance product; it has the capacity to collect, compile, and distribute data to create operational efficiencies. Passport collects data in real-time from OpsMan Mobile. That data is compiled in the backend system, OpsMan, allowing tickets to be accessed immediately from any web browser by using the LPN, driver’s license number, or citation number. The aggregated data can then be pushed to towing firms, municipal courts, and LPR systems to streamline the enforcement process. Heat Mapping To give the City a better understanding of the parking environment, City administrators will have a heat map to visually represent the data collected from OpsMan Mobile. Using these heat maps, the City will be able to tell where parking enforcement officers are which areas of the City receive the most citations, the density of parking areas in the city, and a lot more. Passport’s in-house development team continues to innovate this feature at the requests of each of its clients. Issuance Chalking OpsMan Mobile allows parking enforcement officers to electronically chalk vehicles. Chalking can be accomplished in one of three ways. The first is a blocking system, which takes note of which cross streets a vehicle is parked between. If the vehicle’s cross streets do not change between the times that a parking enforcement officer passes the vehicle and the time in between passes is greater than the allotted free parking time, the parking enforcement officer will be prompted to issue a citation. The second option is address based, where the parking enforcement officer will enter the address of the building that the vehicle is parked in front of. If the vehicle is still in the same area after the allotted free time, the vehicle will be eligible for a citation. The third option is zone-based and builds off of pre-created zones throughout the City. Using zones already created for citation issuance (or adding zones specifically for chalking purposes), the parking enforcement officer can select a zone to indicate where the vehicle is located. When the parking enforcement officer passes through the zone again, they will be able to verify whether the vehicle has surpassed the allotted time. Unlike other providers, OpsMan Mobile shares information across all parking enforcement officer’s devices. Therefore, if a parking enforcement officer chalks a vehicle and then a second parking enforcement officer passes the same vehicle several hours later, the second officer will have access to the first officer’s chalking data. 96 Response to RFP No. 2016-107 Comprehensive Parking Management Services Citation or Warning OpsMan Mobile gives the parking enforcement officer the option of choosing to issue a citation or merely a warning. In either instance, the data related to the vehicle is returned and stored in OpsMan. Scofflaw and Boot & Tow Notifications Passport is integrated with Nlets’ 50 state vast network of law enforcement data. Through this integration, OpsMan Mobile is able to instantly pull data associated with an LPN, including scofflaw and boot and tow information. OpsMan Mobile will alert the parking enforcement officer if an LPN is associated with a scofflaw. If the LPN does return a positive scofflaw alert, they will be prompted to take appropriate action, such as booting or towing the vehicle. The City can also grant limited OpsMan access to a designated towing company or the administrators responsible for booting, so they will have access to the data and can take action immediately. With this limited access, the towing or booting administrator will be able to tag a vehicle as “booted” or “towed” in OpsMan, which will also update to OpsMan Mobile in real time. Autocompletion To speed up the citation issuance process, OpsMan Mobile will autocomplete all data fields where there is a previous citation stored in OpsMan. When an officer enters an LPN into OpsMan Mobile, the system communicates with OpsMan, which queries the database for information related to that LPN. If that LPN has been issued a citation in the past, OpsMan will send all data back to OpsMan Mobile and autofill all vehicle information in real time. Real Time Uploading Passport’s cloud-based SaaS model means that all data is shared across all platforms and devices in real time. Immediately upon issuance the violator will be able to pay the citation, City administrators will be able to collect payment, and the data will be aggregated in OpsMan. Photographic Evidence Unlike other providers, OpsMan Mobile’s camera feature is a truly intuitive user experience. The camera will remain available from the moment it is opened, until the parking enforcement officer closes it, whereas other systems close the camera function after each picture is taken. Additionally, OpsMan Mobile’s camera function includes a thumbnail preview of the previous picture and keeps an accurate count of the number of pictures already taken for that citation. Offline Issuance Capabilities In order to log into OpsMan Mobile, the system needs to be connected to the internet. However, if the parking enforcement officer is in an area with limited or poor connectivity, they will still be able to issue citations. The parking enforcement officer will follow the same process to issue a citation offline, and when that parking enforcement officer enters an area with connectivity, any citations written with poor connectivity will automatically batch and update to OpsMan. 97 Response to RFP No. 2016-107 Comprehensive Parking Management Services Hardware Samsung Galaxy Mobile Phone or Tablet OpsMan Mobile is available on any Android device and may be downloaded from the Google Play Store at no cost. The City may use any mobile device with an Android 4.4 and up operating system, however, Passport strongly recommends the use of Samsung Galaxy Note 4 and up or Samsung Galaxy S suite of products, S4 and up. If the City would prefer, Passport will procure and set up the phones and printers prior to shipping to the City to streamline the process. Zebra iMZ320 Passport recommends that the City use OpsMan Mobile in conjunction with a Zebra iMZ320 Bluetooth printer. These printers cost $600.00 each, are lightweight, durable, and easily available. Passport will provide the first three printers to the City free of charge and the connection to the Android devices will already be established. Passport designed OpsMan Mobile with these printers in mind and as such, the integration between the two is unparalleled. The City also has the option of purchasing accessories to enhance the parking enforcement officer’s user experience. For instance, shoulder straps, cases, and remote charging stations are all available for purchase through Passport. Reprinting The combination of OpsMan Mobile and a Bluetooth printer allows the parking enforcement officer to reprint citations in the field. If a printer runs out of paper, jams, the citation is ripped or blows away, the parking enforcement officer will easily be able to reprint the same citation without having to re-enter information. Paper Each citation will be printed on high quality, weather proof, poly-thermal, preprinted paper. Passport will customize the front of the citation to include the City’s name, the RMCPay website, which values need to be printed, the layout, barcodes, and other stylistic requirements. The City may choose to customize the back of the citation, including information related to payment options and the appeals process. End-User Experience Passport’s solution not only offers the City a best-in-class citation issuance platform, it also provides an extremely convenient end user experience. After a parker is issued a citation, they become a violator, at which point they have two options: appeal the citation if the City allows or pay the citation. Passport’s Resolve My Citation (“RMCPay”) feature allows the violator a single platform to accomplish both of those tasks. RMCPay is a custom-branded website bearing the City’s colors and seal to match other government websites and provide continuity to the City’s operations. RMCPay draws from data stored in OpsMan and updates in real-time, as OpsMan. 98 Response to RFP No. 2016-107 Comprehensive Parking Management Services Seamless Rollout On the citation management front, a preliminary export (dry run) is run on the data to be uploaded from the previous vendor into Passport’s platform. This dry run is done to encompass the migrated information and ensure that it is functioning correctly prior to the full import being completed during the scheduled conversion. Existing citations are exported into reports and formatted to fit into the new system. During the full conversion, Passport imports all existing data from most to least recent until the full library of historical data has been imported. Through experience, Passport has refined the process for a smooth transition. The process is as follows: Passport fully reviews all data exported for custom fields and citation status that needs to be converted. All conversions will occur on the weekend so as not to disrupt current operations; Pending appeals will be reconciled in the new system; Passport will leverage the City’s existing DMV lookup data, including holds, to ensure the most up-to-date system; All outstanding DMV requests will be converted into the Passport system; and Any leftover actionable tasks are completed in the existing system prior to transition to either be closed or cleanly imported into the new Passport system. Throughout the conversion to the Passport system, citation data from the previous provider will seamlessly transfer. For instance, a citation that has a status of “Open”, “Closed” or “Escalated” will maintain that same status in OpsMan. The same is true for DMV hold status and any notes associated with a citation. Passport will handle any other conversion-related issues that may arise during the transfer as well, making the conversion painless for the City and the end user. 99 Response to RFP No. 2016-107 Comprehensive Parking Management Services Steps to Get the City Started on Passport Working Groups: ➔ Passport will establish a working group to ensure that all key stakeholders are kept abreast of any updates. Configuration: ➔ Passport will configure the administrators using the system based on appropriate permissions for each department or function. Set up Rules: ➔ Passport will setup all citation types, escalation schedules, and other rules as defined by the City. Fleet Management: ➔ Passport will work with the fleets to setup new management accounts in the system. ➔ Rental car agencies will be informed about the new operations and what it means for them. Printer Paper: ➔ Passport will reformat the stock citation layout to meet the needs of the City prior to transition. ➔ Passport can customize not only the layout, but also the paper itself to be branded for the City. Go Live!: ➔ Up until the Go Live! date, the City will use its previous system with business operating as usual. ➔ At the Go Live! date, Passport will switch everything over to the new system, lockout access to the old system, and run everything through the new system. ➔ Passport will import all old citations into the new system and switch the payment method to the Passport’s payment portal, RMC Pay. ➔ All exported and imported data will be configured to match perfectly, providing a seamless switch to the end user. ➔ All IVR payments will be switched to the payment portal. ➔ Any new citation issued from the Go Live! date will be housed wholly in the Passport system. Lanier and Passport understand that no two cities are exactly the same and have transitioned cities from several other providers to the Passport system. The transition to Passport can be configured to the City’s unique needs. Passport can transfer the entire platform, including issuance, collections, lockbox integration; or only a limited platform such as citation issuance only. With a dedicated team and a proven plan, Lanier and Passport stand ready to provide a powerful platform and seamless transition for Citation Management to the City. 100 Response to RFP No. 2016-107 Comprehensive Parking Management Services (5) Parking enforcement We have already addressed this topic above, but want to share with the City that our philosophy in enforcement (the way we enforce your City’s ordinances as Ambassadors) is every bit as important as the protocol we use to issue citations. Here’s why: Parking enforcement is designed to promote safety, benefit central business districts and expedite traffic flow. For citation issuance programs, it is important for our Senior Management team and Subject Matter Experts to work closely with the City to develop very specific requirements and procedures for how to and when to issue a parking citation. The parking enforcement officer is the most visible employee of the program. It is vital that the parking enforcement officers conduct themselves in a professional manner at all times when in the field. Lanier has established a minimum standard of behavior for parking enforcement officers to adhere to and we are proud of our strong track record of hiring and putting in place reliable staff that can be trusted with collecting, counting, and depositing our Client’s funds: Provide as many management efficiencies as possible — Lanier will effectively manage the parking operations while maintaining clear separation between operation and revenues. On-site management personnel are required to make a bi-monthly operational review presentation updating the appropriate Lanier executives on your operation. Successes, challenges and new strategies are discussed at length. Area managers will make multiple visits, announced and unannounced, for planning and quality control purposes. Lanier executives and senior manager will make bi-monthly unannounced visits/inspections of your operations. In addition, these executives will work with the Lanier site team to develop strategic planning initiatives to present to the City and the appropriate team members. Effective Parking Enforcement: Reduces the incidence of parking situations, which are hazardous and could cause injuries or loss of life such as:  Cars parking too close to intersections causing reduced visibility of motorists and pedestrians  Double parking which presents roadway obstacles and narrows the usable width of roads causing side-swipe or rear-end accidents  Blocking fire hydrants causing fire fighters to lose precious time hooking up hoses 101 Response to RFP No. 2016-107 Comprehensive Parking Management Services Increases the availability of short-term parking spaces for customers, clients and businesses by discouraging parkers from monopolizing scarce on-street parking spaces. This increases revenue for businesses by providing the perception of consistent, available parking for customers and clients. Effective enforcement ensures that loading zones are available to those that need them for the loading and unloading of supplies  Decreases traffic congestion in the central business district by reducing incidences of:  Cars parking in rush hour lanes  Cars parking too close to intersections preventing vehicles from turning (6) Overall management of parking facilities to include street-side, surface and parking garages We have identified several cities for which we currently operate and additional references to address our experience in overall management of parking facilities that include street-side, surface lots and parking garages. Without repeating that information here, please note the following: Lanier will work with the City of Delray Beach as its partner to: Provide high level operational and customer service training for personnel on an ongoing basis. Take an active role in educating, informing, and assisting residents and visitors to ensure they become familiar and comfortable with the parking program. Streamline parking operations through establishing and maintaining high operational standards. Recommend equipment options to enhance the parking program, improve all levels of customer service, increase revenue controls, and reduce operating expenses. Deliver a professional parking enforcement program that focuses on customer service and benefits the city’s residents, visitors, and local businesses. Develop specific procedures and requirements for issuing and collecting parking citations. Evaluate parking rates to maintain competitive pricing and increase revenue. Develop a consistent and preventive maintenance program that reduces expenses and increases revenue by ensuring equipment is maintained and functioning properly. Establish designated patrol routes specifically to support the community’s needs. Provide the expertise to make a smooth transition to Lanier Parking. Provide you with the options, tools, and expertise for increased efficiencies, growth and streamlined services. Provide supporting services that includes Advanced Technology, Web-Based Accounting and Internal Audit Controls, HR Support, Training, Quality Assurance and Risk Management. 102 Response to RFP No. 2016-107 Comprehensive Parking Management Services (7) Managing special event parking Approach to Peak and Special Event Parking Lanier’s nimble approach to scheduling and logistics will greatly assist in accommodating Peak periods and Special Events taking place in and around each facility. We have vast experience running peak and special event parking and transportation dynamics for similar municipal parking programs, and have worked closely with our public sector clients and local businesses to satisfy the demands of peak periods and each individual event. Lanier takes a proactive approach to ensure all management personnel and scheduled staff members are knowledgeable regarding what drives peak demand and/or an actual event, in the parking lots and/or the surrounding area(s). Staff meetings will occur regularly and the General Manager will be on duty during all such periods and events. (8) Scheduling staffing for special events Staffing levels will remain flexible depending upon the dynamic, event and/or emergencies. Communication between Lanier and the City, including the various jurisdictional City Police and Fire Departments, will be constant before and during such peak periods and events. Protocol includes:  Lanier will develop and implement a successful peak period and special event program for the City where individuals and entities have the ability to visit any of the parking facilities in the program and conduct business accordingly (if applicable) without concern for capacity.  Our management team will review event calendars and hold monthly meetings to discuss future events taking place in and around each facility. During particularly high profile events, a member of Lanier’s upper management team shall help oversee all operations and act as a special liaison if the City so desires.  Lanier personnel will continuously evaluate rates relative to demand to maintain competitive pricing for special events. Event Ambassadors Lanier can schedule event Attendants and Ambassadors to assist visitors and residents and direct them to the proper parking facilities and/or general area within a given locale. (9) Implementing operational controls for handling monies, including for special events We have addressed this question at great length in various sections of this proposal, so we will not reiterate all of that information here, but draw your attention to the most relevant and critical protocol associated with operational controls for handling monies. 103 Response to RFP No. 2016-107 Comprehensive Parking Management Services Security of Money All monies collected must be kept in a safe and secure environment during normal operating hours, as well as after hours. This includes drop safes and other secure and approved revenue storage methods in the field (to be further discussed with the City to better understand its preferences for site-specific protocol, if applicable). Separate security precautions have been developed for “operating hours” and “after hours” storage of funds, as may be applicable. The same protocol applies for special events. Operating Hours Monies are to be kept in a lock box at all times throughout the day and are to be out-of-sight of customers at all times throughout the day When the party responsible for monies is temporarily away from their desk, monies are to be stored in a secure lock box and either placed in the employee’s locked desk Manager. Monies collected throughout the day are to be logged at the time of receipt on the proper transaction log Upon day’s conclusion, the employee is to balance their monies collected to the proper transaction logs, as follows:  Monies are to be deposited in the proper account by management (or designated employee)  Employee’s actions throughout the day must be evaluated to determine if negligent  Supervisor or management must audit responsible employee’s bank and transaction logs  If monies remain unbalanced, management is to contact Senior Management  If unbalanced funds are not reported to the direct supervisor and/or management, the responsible employee may receive disciplinary action and/or termination After Hours Only if applicable, all monies collected, verified and not deposited are to be given to management for overnight storage If monies are coins from the cash registers or pay stations, each denomination is to be bagged/tied separately and stored in the safe overnight Inventory of coins are logged onto the “Coin Count Log” If pay stations are collected, cash should be deposited the day of collection If unable to be deposited, Senior Management must be contacted prior to the end of business day Cash is logged onto the “Safe Log” form for record keeping purposes If monies are from the sales of permits or miscellaneous revenue (events, movie shoots etc.), the monies should be placed in a “bank bag” or lock box and placed into the safe for immediate deposit or overnight storage, then logged. After all monies are placed in the safe for overnight storage, management or designee is to secure the safe room by activating the safe room alarm At the beginning of the next business day, management is to pull all funds to be deposited from the safe and verified by the employee responsible prior to the deposit being made 104 Response to RFP No. 2016-107 Comprehensive Parking Management Services (10) Marketing and public relations We talked at length regarding our approach to Marketing and Public relations earlier in the proposal. We now direct your attention to the importance of branding and way-finding as a means to enhance the City’s parking operations, as no parking program is complete without a world class brand. Signage and Graphics The City of Delray Beach parking program (Park Delray Beach - TBD) will serve first-time customers daily, many of whom may be unfamiliar with the City’s layout and parking destinations. These customers require signage that provides information in proper sequence that is clear, concise and simple--making the parking system “user-friendly” is critical to a successful parking program. The overall objective of the City’s sign program should be to provide informative messages to drivers and pedestrians, compatible with customary uniform universal signs, including color-coding and symbols. Accordingly, Lanier engaged our in-house graphic artist, Morgan Phillips, and familiarized our entire team with the history of Delray Beach. It is also important for the signage to be visually appealing to the Downtown environment and easily identifiable for both residents and visitors. Additionally, creating a consistent signage package throughout the City is a simple, yet effective way to improve the overall brand of the City’s parking program. Every sign should be visible and have a consistent look which conveys clear and concise messages–displaying visible information concerning the City’s parking regulations and locations. Please see our illustrations on the following page for your consideration! 105 Signs Positioned at key entry points Preliminary Concepts Proposed Parking Directions Wayfinding System mydelraybeach.com/PAYPARKING PP A R K I N G PUBLIC PUBLICPARKING 106 Signs Positioned at key street locations Window Sticker ANNUAL PARKINGDELRAYBEACH CITY OF Best Parking for: Beach Access Best Parking for: Downtown Delray Beach SHOPPING Best Parking for: Delray Public Library Parks & Rec Dept. Arts Garage Delray Beach City Hall Chamber of Commerce City Manager Delray Tennis Center South Palm Beach County Courthouse Call 1-877-XXX-XXX Welcome to BEACHDELRAYCITY OF mydelraybeach.com/PAYPARKING DAILY RATEPARKING 1-877-XXX-XXX BEACHDELRAYCITY OF mydelraybeach.com/PAYPARKING $X.XX M U N I C IP A L Keep Right Do Not Enter Preliminary Concepts Proposed Parking Directions Wayfinding System Levels 2,3 NE 2nd Avenue NE 1st Street NE 1st Avenue East Atlantic Avenue Presented by Level 1 Level 2 Level 4 YOU ARE HERE Level 5 Level 3 Parking Park Exit Park Exit NO PARKING2A Level / Section 3A Level / Section 4A Level / Section PUBLIC PARKING RESERVEDPARKING P A R K I N G P PORTABLE SIGNS Proposed Parking Directions Wayfinding System Presented by Early Bird Monday - Friday in before 9:00am PARKING MONTHLY XXX-XXX-XXXX available CALL: PARKING Easy sign change ~New Rates ~Special Events ~Seasonal PUBLICPARKING XX P EVENTPARKING PUBLIC PARKING SPECIAL EVENT PARKING $25 Response to RFP No. 2016-107 Comprehensive Parking Management Services (11)Customer service and issue resolution Lanier believes the key to outstanding customer service is making sure that our employees are treated fairly and have the right tools and training to do their jobs. Employee care is the foundation of customer care. Our customer service training programs and policies foster two-way communication with our employees and recognize those employees who do an outstanding job. Employee Communication and Feedback Sharing information with employees and providing channels for questions, suggestions, complaints, and other feedback is vital to maintaining good employee relations. The same could be said for our customers. Customer Surveys In order to improve the City’s parking operations on a continual basis, it is vitally important to obtain feedback from businesses, residents and visitors. Lanier will conduct frequent customer surveys to measure customer satisfaction. The service that Lanier delivers to each business, resident and visitor is crucial to our success and to that of the City of Delray Beach. Our goal is to provide a great experience; hence, Lanier will periodically distribute surveys to solicit feedback on the parking program and our level of services. Issue Resolution Lanier monitors, tracks and responds to all customer inquiries, and negative feedback results in constructive criticism and target points for improvement. Throughout the term of our contract, Lanier will report monthly to the City on these results to measure our success while using these findings to continually improve the service capacities of the program, as well as the overall customer experience. (12)Working with local business owners Working With and Engaging Local Business Owners No Public Sector parking program would be complete without initial and ongoing outreach to City business groups and individual local business owners. Everything about a public parking program, from the way it is perceived in the community, to how it is managed, to its aesthetic attributes, forms indelible impressions and opinions regarding the City’s parking program. Our approach is tailored to identify practical management solutions and stimulate positive working relationships with local business owners, in and around the City. We will emphasize user-friendly parking themes, where common sense, customer service and community engagement rule the day. Authentic stakeholder engagement enables us to get to know the people, business leaders and neighborhood groups in and around a Downtown Area. Through this outreach, we gain a unique and distinct understanding of the neighborhoods and streets encompassing your City. This improves our operational planning, as we are better able to evaluate parking and access considerations impacting supply and demand; common factors that drive public parking RFP processes. 110 Response to RFP No. 2016-107 Comprehensive Parking Management Services We rely on feedback from these groups to communicate helpful and actionable intelligence to our public sector clients, enabling them (with our support and experience) to develop sound, cogent parking policy. (13) Maintaining records of all parking and citation transactions Lanier, as standard operating procedure, maintains all parking records (revenues and receipts) for a minimum of three (3) years unless instructed differently by the City. Each equipment manufacturer has its own back-end system that may enable the history of transactions to go back for a longer period of time. This is subject City’s discretion, but is also a function of storage costs not budgeted for currently. x. Detail Proposer’s plan for the following: (1) Reviewing, analyzing and reporting to the City regarding parking data Reporting & Data Gathering The accounting and record-keeping system used by Lanier was developed in conjunction with Generally Accepted Accounting Principles. Shift and/or daily report forms, customized for the project, will be used to record receipts in a clear, easily audited format. Lanier uses these reports and other methods to analyze critical data, and ensure close accountability for all parking revenues. The reports also provide a measure of the overall performance of the facilities. The essential elements of the reporting systems include: A Daily Shift Report records the activity during a given shift The Consolidated Daily Parking Report recaps a single day of activity. Its format is the same as the Daily Parking Report A Monthly Recap for facilities of comparable size summarizes the activity in each facility for the full month in a “one-line-per-day” format. This recap can be used by the client to either post the revenue or, as is typical, to serve as a monthly “check and balance” against the daily postings. These reports are in addition to the reports created via the back-end systems from the paystations and SSM’s from firms such as Passport, T2, POM et. al. Web Based Reporting Capabilities We currently offer web-based monthly reporting through the Client Portal located on our website, accessible with user name and password through our “Client Login” link on our website. From here, the City’s team can access report folders segregated by month. We will customize the City’s content based on its individual reporting needs, which could include these standard reports: Executive Summary Letter Monthly P&L Statement (monthly actual, monthly budget, monthly variance, YTD actual, YTD budget, and YTD variance) A year to date statement by base code for each month 111 Response to RFP No. 2016-107 Comprehensive Parking Management Services Monthly Itemized Category Report (monthly ledger) Monthly Parking Billing Reports Monthly Parking Collections and Adjustments Reports Aged Receivables Monthly Summary Reports for the Contract Parking and for the Validations programs Monthly and YTD variance reports Scanned copies of all invoice backup associated with the facilities during the reporting period Lanier is also able to supply various other reports that are created or adjusted for an individual client’s specific needs. We are continually developing our web application and plan to add more functionality over time. (2) Managing parking rates throughout the day and adjusting based upon demand Please see the enclosed information above from UIG detailing the data analytics that will be part of the integrated tools to manage parking rates through the payments that are made through multi-space paystations and consistent enforcement. (3) Developing annual expense budgets Budgeting Annual budgets will be prepared for the City of Delray Beach based upon the operational plan, historical information, expected operating results, and Lanier’s knowledge of the City’s parking program. Budgets will include an annual operating budget, detailed by month, as well as monthly and annual comparisons of the budget. All budget variances will receive immediate attention of Senior Management for corrective action. We will work with the City to ensure we set its desired budget objectives for each fiscal year. (4) Assisting the City with any replacements or new installations of parking meters Installation of Paystations Lanier is fully prepared to assist the City in sign and/or paystation installation. We have over 100 locations that utilize multi-space technology. Each one of our locations can install, maintain and collect paystations. Lanier’s local maintenance personnel will receive product specific training on installation, collections, and general maintenance of all City-owned or Lanier-purchased parking equipment. Lanier has afforded this operation to have the tools it needs to support all maintenance aspects of this program. Lanier understands the City of Delray Beach has not selected a vendor from which to purchase and install the paystations. However, it is important to note Lanier is experienced and is willing to offer our ongoing expertise. 112 Response to RFP No. 2016-107 Comprehensive Parking Management Services (5) Parking garage maintenance and cleaning We addressed parking garage maintenance in great detail earlier in this response. Thus, we will focus our response on the personnel aspects of facilitating our stringent maintenance protocol. Maintenance Personnel These skilled individuals will provide the necessary janitorial services needed, and will also be trained to maintain and execute minor repairs to equipment. The primary duties and responsibilities of our maintenance personnel include, but are not limited to: General Maintenance: Hired personnel will be skilled in all aspects of maintaining the facilities, trash bins, elevator lobbies and access routes into the facilities and lots. Equipment Repairs: This position will be fully trained to make preventative and minor repairs to equipment. Providing daily upkeep of the entire parking equipment inventory both in use and back up units. Meter Calibration/Auditing: Upon installation, multi-space meters will be audited at random to ensure calibration with current parking rates. All equipment will be tested immediately before/after repairs or complaints to ensure calibration. Maintenance Backlog: Personnel will devote a portion of their time catching up the maintenance backlog as noted in the daily reports. Collection: Personnel will assist assigned management staff in the collection of monies at Pay Stations on a daily/weekly scheduled collection detail. Painting: Maintenance personnel will be responsible for minor touch up painting and upkeep of general access areas. Larger painting projects will be discussed with the City to determine the need to sub-contract those projects, on an as needed basis. Sign Replacement & Maintenance: Signs not requiring elevating equipment will be cleaned maintained, and replaced as a daily task. Lighting Replacement: This position will report and replace any missing or burnt out light bulbs on a daily basis. Spot Washing: Identify areas within the parking facilities and lots and perform routine spot pressure washing service. Routine Checklists: Complete and sign off on all tasks outlined on a customized daily checklist. Knowledge of Area: Have a thorough knowledge of all areas of the City and the facilities we operate within it. Appearance: Maintain a neat and clean appearance and be in complete uniform at all times. 113 Response to RFP No. 2016-107 Comprehensive Parking Management Services Site-Specific Recommendations We have reviewed the facilities and draw your attention to the following site-specific recommendations using before and after photos to demonstrate the enhanced image and functional benefits the facilities would receive in making these repairs and improvements. Lanier recognizes these improvements may be subject to budgetary constraints, and looks forward to discussing said recommendations with the City to determine its priorities in facilitating such improvements. General Recommendations / Facilities and LotsAfterBefore Re-striping entire facility Deep Clean and Pressure Wash General Recommendations / Facilities and Lots Response to RFP No. 2016-107 Comprehensive Parking Management Services (6) Training personnel Lanier believes in an on-going Human Resources process. The Training, Development & Education model used by Lanier is a progressive model designed to help motivated individuals set a path for their growth and development. Employees are trained through combined efforts from the local-level and national-level. Recruitment and Selection Our staff is the backbone of our company. We realize that an operation is only as successful as the people who operate it. Therefore, we’ve developed a department dedicated to the Training, Organization and Development of all Lanier employees, present and future. Career Path/Promoting from Within Lanier is always looking for motivated professionals who can manage people and have a demonstrated background of outstanding customer service. We believe that a person with strong management and communication skills who is properly trained and motivated can handle whatever challenges we give them. We also believe in promoting from within and giving people the opportunity to grow with our organization. Several managers have risen to senior management positions from entry or mid-level jobs after demonstrating their capabilities and dedication to the company. Staff (Hiring, Training, and Development) Customized orientations and training programs will be conducted with all team members to ensure not only operational functionality, but that quality and efficient service is delivered to your customers. Following all training, shift meetings will be conducted prior to the start of the day in order to communicate any operational changes and pass-ons from the previous day. All employees must attend a two hour Orientation class before beginning work. Orientation is administered either in a “classroom” setting to groups of employees, or via computer-aided learning to employees in more remote locations. The class focuses on the company Mission Statement, Core Values and Service Standards, the basics of customer service, company policies, and operating procedures. We have a wide range of corporate-level initiatives designed to enhance the performance, development, and effectiveness of our human resources. Those initiatives include New Employee Orientation programs, Leadership Development programs, Lanier University, work unit redesign, individual Performance Enhancement Plans, process improvement, and change management programs. After the class, our employees will then be oriented on location. On-the-job training from peers and managers is the most effective means to ensure that proper customer service standards (“Greet, Serve, & Send”) and operating practices are followed. Lanier will provide a highly qualified, team oriented staff that is trained in all aspects of parking and traffic control. 119 Response to RFP No. 2016-107 Comprehensive Parking Management Services Lanier will work with the City to coordinate an on-site training session for all staff members to review the operating plan and offer final training details that include: vehicle permitting, ingress and egress patterns, emergency policies and procedures, and inclement weather plan. Lanier welcomes the City of Delray Beach to attend the training session to ensure all details of the operation have been addressed. We address our Enforcement Ambassador Training earlier in this proposal. (7) Bonding personnel Lanier maintains a comprehensive insurance program at all times. Under the terms and provisions of a proposed agreement, Lanier will provide its bonded personnel with Crime Fidelity Insurance at $1 Million per occurrence. Lanier Parking Solutions Fidelity & Crime Insurance coverage provides protection for exposures, such as loss from forgery or alteration, loss of money, and securities and reimbursement for claim expenses. Additionally, funds transfer fraud, computer fraud, and social engineering fraud are threats that we take seriously and as such, we have an insurance program in place to protect our clients and our organization. (8) Personnel Uniforms Uniform Standards Lanier understands that appearance is an important part of the impression our customers have of us and our clients. Therefore, our uniform program and grooming guidelines for our employees help present a neat, clean and professional image to the public. The City will have the option to choose through a menu of specialty Uniforms. A sample of our Lanier uniforms is on the following page. 120 Response to RFP No. 2016-107 Comprehensive Parking Management Services 121 Response to RFP No. 2016-107 Comprehensive Parking Management Services (9) Personnel and equipment safety measures Lanier’s loss prevention department is administered by our Director of Risk Management, Winston Cooper. Along with our staff of claims administrators and auditors, the Risk Management Director will be responsible for ensuring all claims are properly handled and that the City’s account is operating within Lanier’s standard operating guidelines. Risk Management Protocol Lanier employs several different avenues to reduce risk exposure inherent in the day to day operation, including with equipment safety measures. Several routine checks and balances will be outlined and addressed in the future operations manual for the City and our on-site team to review. We abbreviate that information as follows: Lanier proactively inspects the property, utilizing a maintenance checklist and an operations evaluation. Routine maintenance is critical in reducing exposures from issues such as a gate striking an automobile. Any exposure noted, such as crumbling concrete or standing water, is noted and directly addressed by Lanier management thereby limiting the exposure. All insurance claims submitted are reviewed and analyzed to ensure that existing conditions are acceptable and do not present any possibility for potential on-going issues. Any issue that is found, which attributed to a claim of loss, will be addressed and rectified per property management and Lanier guidelines. Random walk-through inspections are conducted by different levels of Lanier management with an added emphasis on safety. Weekly and random booth audits are performed during which the revenue in the cashier’s drawer is compared against the fee computer tape and counters, or facility management software, to hold them accountable. Monthly, a ticket summary and card reconciliation report is submitted to the Loss Prevention department for comparison against the AR system and for investigation of any ‘missing’ tickets. Ticket inventory logs are maintained and randomly audited by management. Validations are closely controlled and audited by the Loss Prevention team. 122 Response to RFP No. 2016-107 Comprehensive Parking Management Services xi. Proposer shall specify the location(s), including the address, where the work for this project will be performed, including work performed by subcontractors, if applicable. Lanier intends to have an office on site at the facilities, as provided by the City and referenced in the RFP (we do not have an address for that facility, but are assuming it is located at or around City Hall. Work will also be facilitated by our corporate support office in Florida, located as follows: Lanier Parking Solutions 12000 Biscayne Boulevard Suite 707 Miami, Florida 33181 (305) 891-1762 Subcontractors will visit our on-site office from time to time, but mostly they will be in the field checking the City’s operations on our behalf. xii. Proposer shall thoroughly explain: a. Its accessibility in the areas of availability for meetings, general communications, coordination, and supervision Lanier Parking has put in place a system of checks and balances to ensure that our key team members from our corporate office, as well as our local staff, are available for meetings, general communications, coordination and supervision of the City’s parking facilities (on and off-street operations). Proper and routine communication with the City of Delray Beach will be paramount to our operating plan and daily activities. Our best relationships are maintained with those public and private sector clients that make themselves available and include our staff members in their own meetings pertaining to parking and transportation issues affecting their cities and properties. We look forward to having an open and transparent dialogue and relationship with the City of Delray Beach, and will do everything in our power to ensure our team’s availability for all meetings associated with the City’s parking program. b. How the proposer physically plans on attending pre-scheduled meetings We have a local team in place in the State of Florida that will attend all prescheduled meetings with the City of Delray Beach. Leaders include Fred Bredemeyer and Jeff Crimmins, among others. We also have a supervisory management team throughout the State of Florida, with operations that surround the city, and those individuals will also attend the City’s prescheduled meetings on a routine and as-needed basis. Assuming we have enough notice, there is no reason why our team members would not be able to attend the City’s prescheduled meetings pertaining to parking and transportation issues affecting the City of Delray Beach, or even surrounding cities. 123 Response to RFP No. 2016-107 Comprehensive Parking Management Services c.How the proposer plans on ensuring accessibility and availability during the term of the Agreement Throughout the duration of the agreement, we view it as our job to be accessible and available to the City of Delray Beach at all times. Our supervisory infrastructure enables our team to cover several areas at once, and multitask in order to ensure that our clients are fully satisfied we do everything with a great sense of urgency and transparency. We look forward to sitting down with the City of Delray Beach and discussing its thoughts and concepts for its desired protocol in this regard. With the multiple renewals we have had with our public sector clients, it is abundantly clear Lanier Parking puts communication and coordination with our cities and their stakeholders at the very top of our operational planning endeavors. 124 Response to RFP No. 2016-107 Comprehensive Parking Management Services Fee Proposal The Proposer must submit a Fee Proposal for Option A. Proposer may submit an alternative Fee Proposal for Option B. Fees submitted in Option A will be utilize to determine initial scores for the Fee Proposal evaluation criterion. Option A - Management Services Fee Plus Expenses. Under this Option, propose a flat fee for management services and provide documentation of Proposer’s direct operating expenses to be reimbursed by the City. NOTE: This option will require all expenses to be pre-approved by the City and will require detailed expenditure data and supporting documentation to be provided to the City on a monthly basis with each invoice for services. 1. Total Annual Fee $30,000 2. Total Annual Expenses Reimbursement $544,614 TOTAL FEE PROPOSAL $574,614 Itemized Listing Proposer shall include with its Fee Proposal an itemized listing to include, but not be limited to the following costs: a.The fully loaded hourly rate for enforcement personnel and the number of hours proposed for enforcement per month. The hourly rate times the hours per month times 12 months will be the annual enforcement cost. The fully loaded hourly rate for enforcement personnel is $21.54 per hour. The number of hours proposed for enforcement per month is 822 hours on average (based on a weighted average). Hours vary from month to month based on the number weekdays and weekend days in each calendar month. However for the fiscal year of December 2016 through November 2017, the average number of hours proposed for enforcement is 822 hours. b.The fully loaded hourly rate for collection personnel and number of hours proposed for collection services per month for all meters and pay stations. The fully loaded hourly rate for collection and maintenance personnel is $29.77. The number of hours proposed for collection per month is 485 hours on average (based on a weighted average). Hours vary from month to month based on the number weekdays and weekend days in each calendar month. However for the fiscal year of December 2016 through November 2017, the average number of hours proposed for enforcement is 485 hours. 125 Response to RFP No. 2016-107 Comprehensive Parking Management Services c.The fully loaded hourly rate for supervisory personnel and the number of hours proposed per month for supervisory personnel. The fully loaded hourly rate for supervisory personnel is $80.23. The number of hours proposed for supervisory personnel per month is 196 hours on average (based on a weighted average). Hours vary from month to month based on the number weekdays and weekend days in each calendar month. However for the fiscal year of December 2016 through November 2017, the average number of hours proposed for enforcement is 196 hours. We have calculated and included the fully loaded hourly rates for Collections and Maintenance personnel, Enforcement personnel and Supervisory personnel, respectively. Note, while the actual wages rates vary for each position, there is only a finite number of annual hours for each job classification. This creates a fully loaded hourly rate for Collections and Maintenance personnel (for example) that is in fact higher than that of the Enforcement personnel, whereas the Enforcement personnel are actually being paid more per hour (a higher wage rate) than Collections and Maintenance personnel. The seemingly inverted fully loaded hourly rate is simply a function of the total number of hours for each job classification as a percentage of the total annual hours worked, 18,039. Specifically, we have total hours for Collections and Maintenance personnel at 5,817 annual hours, 9,868 annual hours for Enforcement personnel, and 2,355 annual hours for Supervisory personnel, which equals 18,039 total annual hours. This includes the cost of each category based on a weighted average. These fully loaded hourly rates are based on the minimum number of annual hours our personnel must work, and we must bill back annually in order to honor these rates. Should the City decide to reduce the total number of hours for any classification of personnel, it would then require Lanier to increase the hourly bill back rates for that class and/or other classes of personnel in order to recapture 100% of our fixed annual costs. In summary, for Option A, our total annual costs are $574,614 before equipment amortization, which equals $68,461.74 annually over the initial three (3) year term based on a total upfront capital investment of $272,600. 126 Response to RFP No. 2016-107 Comprehensive Parking Management Services d.Provide a three year itemized capital expenditure plan for equipment Proposer proposes for reimbursement including cost for a citation management system and license plate recognition system. e.A full year budget that includes all expenses necessary to operate the parking system whether those expenses are to be paid by Proposer, proposed to be paid directly by the City, such as communications expenses for the pay stations or parking sensors, or expenses proposed to be reimbursed by the City (such as EMS fees from Digital Payment Technologies. If Option A Management Services Plus Expenses is selected, identify all expenses to be reimbursed by the City as such. Please see the following page for our full year budget including all reimbursable expenses for Option A. Note: All expenses itemized in the budget are hereby identified as expenses to be reimbursed by the City. 127 C l i e n t E x c e l B u d g e t De c - 1 6 J a n - 1 7 F e b - 1 7 M a r - 1 7 A p r - 1 7 M a y - 1 7 J u n - 1 7 J u l - 1 7 A u g - 1 7 S e p - 1 7 O c t - 1 7 N o v - 1 7 T o t a l Bu d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t Pa y r o l l & P a y r o l l E x p e n s e s Pa y r o l l - C o l l e c t i o n s & M a i n t e n a n c e 4 , 8 4 8 . 4 3 $ 4 , 8 8 2 . 8 1 $ 4 , 5 3 8 . 9 5 $ 5 , 0 5 4 . 7 4 $ 4 , 8 1 4 . 0 4 $ 4 , 8 8 2 . 8 1 $ 4 , 8 8 2 . 8 1 $ 4 , 8 1 4 . 0 4 $ 5 , 0 5 4 . 7 4 $ 4 , 6 7 6 . 5 0 $ 5 , 0 2 0 . 3 6 $ 4 , 7 4 5 . 2 7 $ 58,215.50 $ Pa y r o l l - E n f o r c e m e n t 1 0 , 1 2 8 . 2 4 $ 1 0 , 1 2 8 . 2 4 $ 9 , 4 5 3 . 0 2 $ 1 0 , 4 6 5 . 8 5 $ 1 0 , 1 2 8 . 2 4 $ 1 0 , 1 2 8 . 2 4 $ 1 0 , 1 2 8 . 2 4 $ 1 0 , 1 2 8 . 2 4 $ 1 0 , 4 6 5 . 8 5 $ 9 , 7 9 0 . 6 3 $ 1 0 , 4 6 5 . 8 5 $ 9 , 7 9 0 . 6 3 $ 121,201.27 $ Pa y r o l l - O f f i c e S t a f f 2 , 1 0 0 . 6 7 $ 2 , 2 0 0 . 7 0 $ 2 , 0 0 0 . 6 4 $ 2 , 3 0 0 . 7 4 $ 2 , 0 0 0 . 6 4 $ 2 , 2 0 0 . 7 0 $ 2 , 2 0 0 . 7 0 $ 2 , 0 0 0 . 6 4 $ 2 , 3 0 0 . 7 4 $ 2 , 0 0 0 . 6 4 $ 2 , 2 0 0 . 7 0 $ 2 , 2 0 0 . 7 0 $ 25,708.21 $ Pa y r o l l - S u p e r v i s o r y 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 55,000.08 $ Su b t o t a l P a y r o l l 2 9 , 1 0 2 . 7 0 $ 2 9 , 2 8 3 . 2 9 $ 2 7 , 6 4 5 . 2 9 $ 3 0 , 1 0 2 . 3 0 $ 2 8 , 9 2 2 . 1 0 $ 2 9 , 2 8 3 . 2 9 $ 2 9 , 2 8 3 . 2 9 $ 2 8 , 9 2 2 . 1 0 $ 3 0 , 1 0 2 . 3 0 $ 2 8 , 2 8 3 . 7 0 $ 2 9 , 9 2 1 . 7 0 $ 2 8 , 6 4 4 . 8 9 $ 349,496.95 $ Op e r a t i n g E x p e n s e s Un i f o r m s 3, 6 0 0 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90.00 $ 90.00 $ 4,590.00 $ Op e r a t i n g S u p p l i e s 50 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 250.00 $ 250.00 $ 3,250.00 $ Pa y s t a t i o n S u p p l i e s 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 435.00 $ 435.00 $ 5,220.00 $ Of f i c e S u p p l i e s 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 200.00 $ 200.00 $ 2,400.00 $ Eq u i p m e n t L e a s e s U I G 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2,400.00 $ 2,400.00 $ 28,800.00 $ Ti c k e t s P a r k i n g / V i o l a t i o n s 83 4 . 0 0 $ - $ - $ - $ - $ 83 4 . 0 0 $ - $ - $ - $ - $ - $ -$ 1,668.00 $ Si g n a g e E x p e n s e 1, 0 0 0 . 0 0 $ - $ - $ - $ - $ - $ 1 , 0 0 0 . 0 0 $ - $ - $ - $ - $ -$ 2,000.00 $ DM V R e s e a r c h 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 618.75 $ 618.75 $ 7,425.00 $ Bu s i n e s s L i c e n s e 20 0 . 0 0 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ 200.00 $ Su b t o t a l O p e r a t i n g E x p e n s e 9, 7 8 7 . 7 5 $ 3, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 4, 8 2 7 . 7 5 $ 4, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 3,993.75 $ 3,993.75 $ 55,553.00 $ Re p a i r s & M a i n t e n a n c e Pa i n t i n g T o u c h U p 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 100.00 $ 100.00 $ 1,200.00 $ Sw e e p i n g S e r v i c e s 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 275.00 $ 275.00 $ 3,300.00 $ Pr e s s u r e W a s h i n g - $ - $ - $ - $ - $ 8 , 0 0 0 . 0 0 $ - $ - $ - $ - $ - $ -$ 8,000.00 $ Se r v i c e C o n t r a c t s / W a r r a n t i e s 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 750.00 $ 750.00 $ 9,000.00 $ Su b t o t a l R & M 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 9, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1,125.00 $ 1,125.00 $ 21,500.00 $ In s u r a n c e Ge n e r a l L i a b i l i t y 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2,640.00 $ 2,640.00 $ 31,680.00 $ Au t o L i a b i l i t y 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1,950.00 $ 1,950.00 $ 23,400.00 $ Bo n d I n s u r a n c e 13 , 0 0 0 . 0 0 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ 13,000.00 $ Su b t o t a l I n s u r a n c e 17 , 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4,590.00 $ 4,590.00 $ 68,080.00 $ Ot h e r E x p e n s e s Ut i l i t i e s 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 125.00 $ 125.00 $ 1,500.00 $ Te l e p h o n e 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 100.00 $ 100.00 $ 1,200.00 $ Ce l l u l a r P h o n e 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 630.00 $ 630.00 $ 7,560.00 $ In t e r n e t S e r v i c e 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65.00 $ 65.00 $ 780.00 $ Ba s e M a n a g e m e n t F e e 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2,500.00 $ 2,500.00 $ 30,000.00 $ Pr o f e s s i o n a l S e r v i c e s 75 5 . 0 0 $ 1, 4 8 1 . 9 3 $ 1, 4 6 3 . 6 4 $ 1, 4 9 1 . 0 7 $ 1, 4 7 7 . 8 9 $ 1, 4 8 1 . 9 3 $ 1, 4 8 1 . 9 3 $ 1, 4 7 7 . 8 9 $ 1, 4 9 1 . 0 7 $ 1, 4 7 0 . 7 7 $ 1,489.05 $ 1,474.80 $ 17,036.97 $ Co n s u l t i n g S e r v i c e s 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1,000.00 $ 1,000.00 $ 12,000.00 $ IT S u p p o r t 1, 5 0 0 . 0 0 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ 1,500.00 $ Ba n k i n g F e e s 23 4 . 5 0 $ 14 1 . 7 7 $ 13 7 . 0 0 $ 14 4 . 4 7 $ 14 0 . 5 8 $ 17 2 . 6 9 $ 14 9 . 6 4 $ 14 0 . 5 8 $ 14 4 . 4 7 $ 13 8 . 4 7 $ 143.87 $ 139.66 $ 1,827.70 $ Ga s E x p e n s e 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75.00 $ 75.00 $ 900.00 $ Ed u c a t i o n 1, 2 5 0 . 0 0 $ - $ - $ - $ - $ - $ 1 , 2 5 0 . 0 0 $ - $ - $ - $ - $ -$ 2,500.00 $ Ne t w o r k S e c u r i t y & P C I C o m p l i a n c e 2 5 0 . 0 0 $ 25 0 . 0 0 $ 43 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 250.00 $ 250.00 $ 3,180.00 $ Su b t o t a l O t h e r E x p e n s e s 8, 4 8 4 . 5 0 $ 6, 3 6 8 . 7 0 $ 6, 5 2 5 . 6 4 $ 6, 3 8 0 . 5 4 $ 6, 3 6 3 . 4 7 $ 6, 3 9 9 . 6 2 $ 7, 6 2 6 . 5 7 $ 6, 3 6 3 . 4 7 $ 6, 3 8 0 . 5 4 $ 6, 3 5 4 . 2 4 $ 6,377.92 $ 6,359.46 $ 79,984.67 $ To t a l E x p e n s e s 66 , 0 8 9 . 9 5 $ 45 , 3 6 0 . 7 4 $ 43 , 8 7 9 . 6 8 $ 46 , 1 9 1 . 5 9 $ 44 , 9 9 4 . 3 2 $ 54 , 2 2 5 . 6 6 $ 47 , 6 1 8 . 6 1 $ 44 , 9 9 4 . 3 2 $ 46 , 1 9 1 . 5 9 $ 44 , 3 4 6 . 6 9 $ 46,008.37 $ 44,713.10 $ 574,614.62 $ De l r a y B e a c h Op t i o n A - E x p e n s e P r o f o r m a 12 M o n t h B u d g e t B e g i n n i n g D e c e m b e r , 2 0 1 6 Co n f i d e n t i a l a n d T r a d e S e c r e t Response to RFP No. 2016-107 Comprehensive Parking Management Services Option B - Management Services Flat Fee. Under this Option, propose an all-inclusive flat fee for all services provided and all operating expenses. NOTE: This option will require detailed expenditure data to be provided to the City. 1. Total Annual Fee $ 589,614 TOTAL FEE PROPOSAL $ 589,614 Itemized Listing Proposer shall include with its Fee Proposal an itemized listing to include, but not be limited to the following costs: a.The fully loaded hourly rate for enforcement personnel and the number of hours proposed for enforcement per month. The hourly rate times the hours per month times 12 months will be the annual enforcement cost. The fully loaded hourly rate for enforcement personnel is $22.10 per hour. The number of hours proposed for enforcement per month is 822 hours on average. Hours vary from month to month based on the number weekdays and weekend days in each calendar month. However for the fiscal year of December 2016 through November 2017, the average number of hours proposed for enforcement is 822 hours. b.The fully loaded hourly rate for collection personnel and number of hours proposed for collection services per month for all meters and pay stations. The fully loaded hourly rate for collection and maintenance personnel is $30.55. The number of hours proposed for collection per month is 485 hours on average. Hours vary from month to month based on the number weekdays and weekend days in each calendar month. However for the fiscal year of December 2016 through November 2017, the average number of hours proposed for enforcement is 485 hours. c.The fully loaded hourly rate for supervisory personnel and the number of hours proposed per month for supervisory personnel. The fully loaded hourly rate for supervisory personnel is $82.32. The number of hours proposed for supervisory personnel per month is 196 hours on average. Hours vary from month to month based on the number weekdays and weekend days in each calendar month. However for the fiscal year of December 2016 through November 2017, the average number of hours proposed for enforcement is 196 hours. The fully loaded hourly rates quoted for Option B (for each job classification) are calculated in exactly the same manner as Option A (using the same rationale and weighted averages), based, however, on the additional costs and associated risk factors with Option B. 129 Response to RFP No. 2016-107 Comprehensive Parking Management Services d.Provide a three year itemized capital expenditure plan for equipment Proposer proposes for reimbursement including cost for a citation management system and license plate recognition system. Please see the capital expenditure plan presented in Option A. a.A full year budget that includes all expenses necessary to operate the parking system whether those expenses are to be paid by Proposer, proposed to be paid directly by the City, such as communications expenses for the pay stations or parking sensors, or expenses proposed to be reimbursed by the City (such as EMS fees from Digital Payment Technologies. If Option A Management Services Plus Expenses is selected, identify all expenses to be reimbursed by the City as such. Please see the following page for our full year budget including all reimbursable expenses for Option B. 130 C l i e n t E x c e l B u d g e t De c - 1 6 J a n - 1 7 F e b - 1 7 M a r - 1 7 A p r - 1 7 M a y - 1 7 J u n - 1 7 J u l - 1 7 A u g - 1 7 S e p - 1 7 O c t - 1 7 N o v - 1 7 T o t a l Bu d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t B u d g e t Pa y r o l l & P a y r o l l E x p e n s e s Pa y r o l l - C o l l e c t i o n s & M a i n t e n a n c e 4 , 8 4 8 . 4 3 $ 4 , 8 8 2 . 8 1 $ 4 , 5 3 8 . 9 5 $ 5 , 0 5 4 . 7 4 $ 4 , 8 1 4 . 0 4 $ 4 , 8 8 2 . 8 1 $ 4 , 8 8 2 . 8 1 $ 4 , 8 1 4 . 0 4 $ 5 , 0 5 4 . 7 4 $ 4 , 6 7 6 . 5 0 $ 5 , 0 2 0 . 3 6 $ 4 , 7 4 5 . 2 7 $ 58,215.50 $ Pa y r o l l - E n f o r c e m e n t 1 0 , 1 2 8 . 2 4 $ 1 0 , 1 2 8 . 2 4 $ 9 , 4 5 3 . 0 2 $ 1 0 , 4 6 5 . 8 5 $ 1 0 , 1 2 8 . 2 4 $ 1 0 , 1 2 8 . 2 4 $ 1 0 , 1 2 8 . 2 4 $ 1 0 , 1 2 8 . 2 4 $ 1 0 , 4 6 5 . 8 5 $ 9 , 7 9 0 . 6 3 $ 1 0 , 4 6 5 . 8 5 $ 9 , 7 9 0 . 6 3 $ 121,201.27 $ Pa y r o l l - O f f i c e S t a f f 2 , 1 0 0 . 6 7 $ 2 , 2 0 0 . 7 0 $ 2 , 0 0 0 . 6 4 $ 2 , 3 0 0 . 7 4 $ 2 , 0 0 0 . 6 4 $ 2 , 2 0 0 . 7 0 $ 2 , 2 0 0 . 7 0 $ 2 , 0 0 0 . 6 4 $ 2 , 3 0 0 . 7 4 $ 2 , 0 0 0 . 6 4 $ 2 , 2 0 0 . 7 0 $ 2 , 2 0 0 . 7 0 $ 25,708.21 $ Pa y r o l l - S u p e r v i s o r y 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 4 , 5 8 3 . 3 4 $ 55,000.08 $ Su b t o t a l P a y r o l l 2 9 , 1 0 2 . 7 0 $ 2 9 , 2 8 3 . 2 9 $ 2 7 , 6 4 5 . 2 9 $ 3 0 , 1 0 2 . 3 0 $ 2 8 , 9 2 2 . 1 0 $ 2 9 , 2 8 3 . 2 9 $ 2 9 , 2 8 3 . 2 9 $ 2 8 , 9 2 2 . 1 0 $ 3 0 , 1 0 2 . 3 0 $ 2 8 , 2 8 3 . 7 0 $ 2 9 , 9 2 1 . 7 0 $ 2 8 , 6 4 4 . 8 9 $ 349,496.95 $ Op e r a t i n g E x p e n s e s Un i f o r m s 3, 6 0 0 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90 . 0 0 $ 90.00 $ 90.00 $ 4,590.00 $ Op e r a t i n g S u p p l i e s 50 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 250.00 $ 250.00 $ 3,250.00 $ Pa y s t a t i o n S u p p l i e s 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 43 5 . 0 0 $ 435.00 $ 435.00 $ 5,220.00 $ Of f i c e S u p p l i e s 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 20 0 . 0 0 $ 200.00 $ 200.00 $ 2,400.00 $ Eq u i p m e n t L e a s e s U I G 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2, 4 0 0 . 0 0 $ 2,400.00 $ 2,400.00 $ 28,800.00 $ Ti c k e t s P a r k i n g / V i o l a t i o n s 83 4 . 0 0 $ - $ - $ - $ - $ 83 4 . 0 0 $ - $ - $ - $ - $ - $ -$ 1,668.00 $ Si g n a g e E x p e n s e 1, 0 0 0 . 0 0 $ - $ - $ - $ - $ - $ 1 , 0 0 0 . 0 0 $ - $ - $ - $ - $ -$ 2,000.00 $ DM V R e s e a r c h 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 61 8 . 7 5 $ 618.75 $ 618.75 $ 7,425.00 $ Bu s i n e s s L i c e n s e 20 0 . 0 0 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ 200.00 $ Su b t o t a l O p e r a t i n g E x p e n s e 9, 7 8 7 . 7 5 $ 3, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 4, 8 2 7 . 7 5 $ 4, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 3, 9 9 3 . 7 5 $ 3,993.75 $ 3,993.75 $ 55,553.00 $ Re p a i r s & M a i n t e n a n c e Pa i n t i n g T o u c h U p 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 100.00 $ 100.00 $ 1,200.00 $ Sw e e p i n g S e r v i c e s 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 27 5 . 0 0 $ 275.00 $ 275.00 $ 3,300.00 $ Pr e s s u r e W a s h i n g - $ - $ - $ - $ - $ 8 , 0 0 0 . 0 0 $ - $ - $ - $ - $ - $ -$ 8,000.00 $ Se r v i c e C o n t r a c t s / W a r r a n t i e s 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 75 0 . 0 0 $ 750.00 $ 750.00 $ 9,000.00 $ Su b t o t a l R & M 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 9, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1, 1 2 5 . 0 0 $ 1,125.00 $ 1,125.00 $ 21,500.00 $ In s u r a n c e Ge n e r a l L i a b i l i t y 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2, 6 4 0 . 0 0 $ 2,640.00 $ 2,640.00 $ 31,680.00 $ Au t o L i a b i l i t y 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1, 9 5 0 . 0 0 $ 1,950.00 $ 1,950.00 $ 23,400.00 $ Bo n d I n s u r a n c e 13 , 0 0 0 . 0 0 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ 13,000.00 $ Su b t o t a l I n s u r a n c e 17 , 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4, 5 9 0 . 0 0 $ 4,590.00 $ 4,590.00 $ 68,080.00 $ Ot h e r E x p e n s e s Ut i l i t i e s 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 12 5 . 0 0 $ 125.00 $ 125.00 $ 1,500.00 $ Te l e p h o n e 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 10 0 . 0 0 $ 100.00 $ 100.00 $ 1,200.00 $ Ce l l u l a r P h o n e 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 63 0 . 0 0 $ 630.00 $ 630.00 $ 7,560.00 $ In t e r n e t S e r v i c e 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65 . 0 0 $ 65.00 $ 65.00 $ 780.00 $ Ba s e M a n a g e m e n t F e e 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2, 5 0 0 . 0 0 $ 2,500.00 $ 2,500.00 $ 30,000.00 $ Pr o f e s s i o n a l S e r v i c e s 75 5 . 0 0 $ 1, 4 8 1 . 9 3 $ 1, 4 6 3 . 6 4 $ 1, 4 9 1 . 0 7 $ 1, 4 7 7 . 8 9 $ 1, 4 8 1 . 9 3 $ 1, 4 8 1 . 9 3 $ 1, 4 7 7 . 8 9 $ 1, 4 9 1 . 0 7 $ 1, 4 7 0 . 7 7 $ 1,489.05 $ 1,474.80 $ 17,036.97 $ Co n s u l t i n g S e r v i c e s 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ 1,000.00 $ 1,000.00 $ 12,000.00 $ IT S u p p o r t 1, 5 0 0 . 0 0 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -$ 1,500.00 $ Ba n k i n g F e e s 23 4 . 5 0 $ 14 1 . 7 7 $ 13 7 . 0 0 $ 14 4 . 4 7 $ 14 0 . 5 8 $ 17 2 . 6 9 $ 14 9 . 6 4 $ 14 0 . 5 8 $ 14 4 . 4 7 $ 13 8 . 4 7 $ 143.87 $ 139.66 $ 1,827.70 $ Ga s E x p e n s e 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75 . 0 0 $ 75.00 $ 75.00 $ 900.00 $ Ed u c a t i o n 1, 2 5 0 . 0 0 $ - $ - $ - $ - $ - $ 1 , 2 5 0 . 0 0 $ - $ - $ - $ - $ -$ 2,500.00 $ Ne t w o r k S e c u r i t y & P C I C o m p l i a n c e 2 5 0 . 0 0 $ 25 0 . 0 0 $ 43 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 25 0 . 0 0 $ 250.00 $ 250.00 $ 3,180.00 $ Co n t i n g e n c y 1, 2 5 0 . 0 0 $ 1, 2 5 0 . 0 0 $ 1, 2 5 0 . 0 0 $ 1, 2 5 0 . 0 0 $ 1, 2 5 0 . 0 0 $ 1, 2 5 0 . 0 0 $ 1, 2 5 0 . 0 0 $ 1, 2 5 0 . 0 0 $ 1, 2 5 0 . 0 0 $ 1, 2 5 0 . 0 0 $ 1,250.00 $ 1,250.00 $ 15,000.00 $ Su b t o t a l O t h e r E x p e n s e s 9, 7 3 4 . 5 0 $ 7, 6 1 8 . 7 0 $ 7, 7 7 5 . 6 4 $ 7, 6 3 0 . 5 4 $ 7, 6 1 3 . 4 7 $ 7, 6 4 9 . 6 2 $ 8, 8 7 6 . 5 7 $ 7, 6 1 3 . 4 7 $ 7, 6 3 0 . 5 4 $ 7, 6 0 4 . 2 4 $ 7,627.92 $ 7,609.46 $ 94,984.67 $ To t a l E x p e n s e s 67 , 3 3 9 . 9 5 $ 46 , 6 1 0 . 7 4 $ 45 , 1 2 9 . 6 8 $ 47 , 4 4 1 . 5 9 $ 46 , 2 4 4 . 3 2 $ 55 , 4 7 5 . 6 6 $ 48 , 8 6 8 . 6 1 $ 46 , 2 4 4 . 3 2 $ 47 , 4 4 1 . 5 9 $ 45 , 5 9 6 . 6 9 $ 47,258.37 $ 45,963.10 $ 589,614.62 $ De l r a y B e a c h Op t i o n B - E x p e n s e P r o f o r m a 12 M o n t h B u d g e t B e g i n n i n g D e c e m b e r , 2 0 1 6 Co n f i d e n t i a l a n d T r a d e S e c r e t Response to RFP No. 2016-107 Comprehensive Parking Management Services Evidence of Insurance, Professional Licenses, and Certificates: Certificate of current insurances showing coverage, forms, limits. Submit a copy of all Licenses, Certificates, Registrations, and Permits required to perform the work that Proposer and/or its staff possess. Please see the following page for Lanier’s Evidence of Insurance, Professional Licenses, and Certificates. Licenses & Certificates 7 132 La n i e r P a r k i n g Ho l d e r I d e n t i f i e r : 77 7 7 7 7 7 7 0 7 0 7 0 7 0 0 0 7 7 7 6 1 6 1 6 0 4 5 5 7 1 1 1 0 7 6 7 7 1 6 2 1 4 2 3 5 4 4 4 2 0 7 6 6 2 0 2 5 7 7 0 7 2 5 1 0 0 0 7 3 5 4 3 5 7 7 3 5 4 0 1 0 2 1 0 7 7 5 4 5 3 5 1 7 3 2 7 4 4 6 7 0 7 7 0 0 4 1 4 6 1 6 6 7 1 3 1 1 0 7 3 5 1 0 3 1 2 6 3 1 5 1 3 0 1 0 7 7 3 3 5 3 0 3 7 0 5 7 3 0 1 0 0 7 2 4 1 3 1 1 7 6 2 0 1 7 4 1 0 0 7 6 7 2 7 2 4 2 0 3 5 7 7 2 0 0 0 7 7 7 7 7 7 7 0 7 0 0 0 7 0 7 0 0 7 77 7 7 7 7 7 7 0 7 0 7 0 7 0 0 0 7 3 5 2 5 6 7 7 1 1 5 4 5 6 0 0 0 7 2 2 0 0 1 5 0 7 1 2 3 5 1 3 0 0 7 7 3 1 5 0 0 1 6 5 3 3 6 4 6 3 0 7 4 7 2 3 6 6 2 4 3 1 3 7 4 0 0 0 7 5 2 2 2 7 7 7 1 6 5 2 2 1 1 4 0 7 0 2 3 3 2 6 2 4 3 1 6 3 1 1 1 0 7 0 3 3 3 3 6 2 4 2 0 7 3 0 1 1 0 7 0 2 2 2 3 7 3 5 2 1 6 3 0 0 0 0 7 0 3 2 3 2 6 3 5 3 1 6 2 0 0 0 0 7 7 7 5 6 1 6 3 3 5 1 7 6 5 5 4 0 7 7 7 7 7 7 7 0 7 0 0 0 7 0 7 0 0 7 Ce r t i f i c a t e N o : 57 0 0 6 3 2 4 8 7 3 3 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/29/2016 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services, Inc of Florida 1001 Brickell Bay Drive Suite 1100 Miami FL 33131 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 11150Arch Insurance CompanyINSURER A: 38318Starr Indemnity & Liability CompanyINSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: Lanier Parking Holdings, Inc. 2600 Harris Tower, Suite 2600 233 Peachtree Street, NE Atlanta GA 30303 USA COVERAGES CERTIFICATE NUMBER:570063248733 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $1,000,000 Excluded $1,000,000 $2,000,000 $2,000,000 A 08/31/2015 08/31/2016 SIR applies per policy terms & conditions 11GPP0511000 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $2,000,000A08/31/2015 08/31/2016 COMBINED SINGLE LIMIT (Ea accident) 11CAB0511200 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 07/01/2016UMBRELLA LIABB 07/01/2017SEE ATTACHMENT RETENTION X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTE A 08/31/2015 08/31/2016 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 11WCI0510700 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Coverage for Parking Management Company. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVELanier Parking Holdings, Inc. 2600 Harris Tower 233 Peachtree Street NE Atlanta GA 30303 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 85 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance AGENCY ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE NAMED INSURED See Certificate Number: See Certificate Number: POLICY NUMBER AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: Aon Risk Services, Inc of Florida 570000069070 570063248733 570063248733 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # Lanier Parking Holdings, Inc. TYPE OF INSURANCE POLICY NUMBER LIMITS AUTOMOBILE LIABILITY A 11CAB0511400 08/31/2015 08/31/2016 Comp. Limit $1,000,000 Deductible $100,000 Coll. Limit $1,000,000 Deductible $100,000 Garage Keepers & Physical Damage ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 86 ADDITIONAL POLICIES AGENCY THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE NAMED INSURED See Certificate Number: See Certificate Number: POLICY NUMBER AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: 570000069070 Aon Risk Services, Inc of Florida 570063248733 570063248733 Page _ of _ Lanier Parking Holdings, Inc. Excess Liability 10M Policy Number: 1000011186 Underwriter: Starr Indemnity & Liability Company Policy Period: From: August 31, 2015 To: August 31, 2016 LIMITS OF THIS INSURANCE: (a) $10,000,000 Each Occurrence Limit (b) $10,000,000 Products-Completed Operations Aggregate Limit (c) $10,000,000 Other Aggregate Limit (where applicable) Excess Liability 15Mxs10M Policy Number: 03097620 Underwriter: Allied World Assurance Company (US) Inc. Policy Period: From: August 31, 2015 To: August 31, 2016 LIMITS OF THIS INSURANCE: (a) $15,000,000 Each Occurrence Limit (b) $15,000,000 Products-Completed Operations Aggregate Limit (c) $15,000,000 Other Aggregate Limit (where applicable) LIMITS OF UNDERLYING EXCESS INSURANCE: $10,000,000 Each Occurrence Limit $10,000,000 Products-Completed Operations Aggregate Limit $10,000,000 Other Aggregate Limit (where applicable) FOLLOWED POLICY: Company: Starr Indemnity & Liability Company Policy Number: 1000011186 Coverage: Excess Follow Form Policy Period: From: August 31, 2015 To: August 31, 2016 Excess Liability 25Mxs15Mxs10M Policy Number: 5227981812 Underwriter: North River Insurance Company Policy Period: From: August 31, 2015 To: August 31, 2016 LIMITS OF THIS INSURANCE: (a) $25,000,000 Each Occurrence (b) $25,000,000 Aggregate LIMITS OF UNDERLYING EXCESS INSURANCE: $10,000,000 Each Occurrence Limit $10,000,000 Products-Completed Operations Aggregate Limit $10,000,000 Other Aggregate Limit (where applicable) FOLLOWED POLICY: Company: Starr Indemnity & Liability Company Policy Number: 1000011186 Coverage: Excess Follow Form Policy Period: From: August 31, 2015 To: August 31, 2016 Company: Allied World Assurance Company (US) Inc. Policy Number: 03097620 Coverage: Excess Follow Form Policy Period: From: August 31, 2015 To: August 31, 2016 ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD87 Exhibit I - Bid Bond Lanier Parking & Meter Services, LLC, dba Lanier Parking Solutions Up to $700,000 N/A X CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 RFP No. 2016-107 Comprehensive Parking Management Services MAYOR - CARY D. GLICKSTEIN VICE MAYOR - AL JACQUET DEPUTY VICE MAYOR - JORDANA JARJURA COMMISSIONER - MITCH KATZ COMMISSIONER - SHELLY PETROLIA CITY MANAGER - DONALD B. COOPER Purchasing Department ♦(561) 243-7123 ♦ purchasing@mydelraybeach.com City of Delray Beach RFP No. 2016-107 Page 2 Comprehensive Parking Management Services CITY OF DELRAY BEACH, FLORIDA PURCHASING DEPARTMENT REQUEST FOR PROPOSALS RFP No. 2016-107 Comprehensive Parking Management Services Summary ISSUE DATE: August 19, 2016 DEPARTMENT: Parking Department DUE DATE: September 28, 2016 TIME: 2:00 P.M., ET The City of Delray Beach, Florida is soliciting proposals for the provision of Comprehensive Parking Management Services as identified in the Scope of Services herein. Any Proposer wishing to submit a proposal must comply with the requirements contained in this Request for Proposals (RFP). A Non-Mandatory Pre-proposal conference is scheduled for Tuesday, August 30, 2016 at 3:00 p.m., ET in the City of Delray Beach (City) City Hall Building, 1stFloor Conference Room, 100 N.W. 1st Avenue, Delray Beach, FL. Proposers are encouraged to attend and ask questions. 1. NOTIFICATION: The City utilizes the following methods for notification and distribution of solicitation opportunities: • BidSync – www.bidsync.com • City of Delray Beach website • Request via email purchasing@mydelraybeach.com • Hard copies are available at City Hall These are the only methods of notification and distribution authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those shown above. It shall be the Proposer’s responsibility to verify the validity of all RFP documents and solicitation information received by sources other than those listed. 2. REQUIRED INFORMATION: This RFP contain various sections which require completion. Responses to this RFP (Proposals) must be completed and returned prior to the Due Date and Time set for Proposal opening or the Proposer will be found non-responsive. 3. CORRESPONDENCE: The number of this RFP must appear on all correspondence, or inquiries, pertaining to this RFP. 4. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the solicitation process for this RFP shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. 5. ADDENDA: Any interpretations, corrections, or changes to this RFP will be made by addenda. Sole issuing authority shall be vested in the City Purchasing Department. Addenda will be posted and available through the City notification methods shown above. City of Delray Beach RFP No. 2016-107 Page 3 Comprehensive Parking Management Services 6. ELECTRONIC PROPOSAL SUBMISSION: Submission of Proposals electronically will be through a secure mailbox at BidSync (www.bidsync.com) until the Due Date and Time as indicated in this RFP. BidSync does not accept electronic Proposals after the Due Date and Time. It is the sole responsibility of the Proposer to ensure their proposal reaches BidSync before the solicitation Due Date and Time. There is no cost to the Proposer to submit a proposal to a City via BidSync. Electronic proposal submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate file. Ad ditionally, Proposers who submit an electronic proposal via BidSync shall deliver six (6) copies of the proposal each on separate universal serial bus (USB) portable flash memory cards to the City in a sealed container. USB electronic copies should be in Adobe Acrobat® portable document format (PDF) in one continuous file. Do not password protect or otherwise encrypt electronic proposal copies. Electronic copies must contain an identical proposal to the original. Electronic copies must be received on or before the Due Date and Time (local time) at the City of Delray Beach, Purchasing Department,100 N.W. 1st Avenue, Delray Beach, Florida, 33444.The Proposer’s name, return address, the RFP number, RFP title, Due Date and Time must be noted on the outside of the sealed container. 7. HARD COPY (PAPER) PROPOSAL SUBMISSION: Paper hard copies of Proposer’s proposal may be submitted as an alternative method. The proposal and all copies must be received on or before the Due Date and Time (local time) at the City Hall Lobby reception desk, 100 N.W. 1stAvenue, Delray Beach, Florida, 33444. Proposals must be presented to the Purchasing Department in a sealed container unless otherwise indicated. It is the sole responsibility of the Proposer to utilize the forms provided in this RFP and to ensure their proposal reaches the Purchasing Department on or before, the Due Date and Time (local time) at the City of Delray Beach, Purchasing Office, 100 N.W. 1st Avenue, Delray Beach, Florida, 33444. City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays. The Proposer’s name, return address, the RFP number, RFP title, Due Date and Time must be noted on the outside of the sealed container. Included in the sealed container shall be: • One (1) unbound original clearly marked “ORIGINAL”. • Six (6) copies clearly marked “COPY” with all required information and identical to the original. • One (1) electronic copy with all required information, identical to the original, on a separate universal serial bus (USB) portable flash memory card. Electronic copies should be in Adobe Acrobat® PDF format in one continuous file. Do not password protect or otherwise encrypt electronic copies. 8. LATE PROPOSALS: The City shall not be responsible for a Proposer’s inability to submit a proposal via BidSync by the Due Date and Time for any reason. Hard copy proposals received at the City of Delray Beach City Hall after the Due Date and Time shall be returned unopened and will be considered non-responsive. It is the sole responsibility of Proposer to ensure its Proposal is received by the City by the Due Date and Time. The City is not responsible for the lateness due to weather conditions, delivery service, issues arising from the use of BidSync or any other reasons. City of Delray Beach RFP No. 2016-107 Page 4 Comprehensive Parking Management Services 9. PROPOSAL OPENINGS: All proposals submitted before the Due Date and Time shall be publicly opened by the Purchasing Department at the Environmental Services Board Room, located at 434 S. Swinton Avenue, Delray Beach, FL or other designated City location as posted. The Purchasing Department will decrypt responses received in BidSync immediately following the designated Due Date and Time. Proposers and the public are invited to attend Proposal openings. Only the Proposers’ names will be read aloud at the Proposal opening. 10. MINOR DEFECT: The City reserves the right to waive any minor defect, irregularity, or informality in any proposal. The City may also reject any or all proposals without cause prior to award. 11. EVALUATION: Proposals will be evaluated as outlined in this RFP. 12. AWARD: The City reserves the right to accept any proposal or combination of proposal alternates which, in the City’s judgment will best serve the City’s interest, reject any and all proposals or any part of a proposal, and to negotiate terms with the Successful Proposer. The City reserves the right to waive any informality in a proposal, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of work and unit prices in Proposer’s Fee Proposal will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. The City reserves the right to award the Agreement on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible Proposer whose product or service meets the terms, conditions, and specifications of the RFP and whose Proposal is considered to best serve the City’s interest. 13. INFORMATION: Within this RFP are several Sections. Section 1 provides the scope of services, Section 2 describes the Terms and Conditions that will apply to this RFP and any resulting Agreement. Section 3 describes the Proposal Response Requirements to be provided by the Successful Proposer. Section 4 provides the scope of work and Section 4 provides forms and instructions for preparing a proposal in response to this RFP. 14. RFP SCHEDULE: A summary schedule of the major activities associated with this solicitation is presented in Table 1, below. The City, at its sole discretion, may modify this schedule as the City deems appropriate. [Remainder of page intentionally left blank] Table 1 City of Delray Beach RFP No. 2016-107 Page 5 Comprehensive Parking Management Services ACTIVITY DATE Issue RFP August 19, 2016 Non-Mandatory Pre-proposal Conference Location: City Hall Conference Room August 30, 2016, 3:00 p.m. Deadline for Delivery of Questions September 9, 2016 Due Date and Time (for delivery of Proposals) September 28, 2016 by 2:00 p.m. Institute Cone of Silence September 28, 2016 at 2:00 p.m. Phase 1 Evaluation (Responsive and Responsible) October 5, 2016 Selection Committee Meeting – Technical Evaluations Location: City Hall Conference Room October 18, 2016, 1:00 p.m. Selection Committee Meeting – Interviews (if conducted) Location: Environmental Services Training Room October 26, 2016, 8:30 a.m. Selection Committee Meeting - Final Evaluations Location: City Hall Conference Room October 27, 2016, 9:00 a.m. Note: Meeting dates, times, and locations are subject to change. 15. MEETING LOCATIONS: The City Hall Conference Room is located at City of Delray Beach City Hall, 1st Floor, 100 N.W. 1st Avenue, Delray Beach Florida. The Environmental Services Training Room is located at 434 S. Swinton Avenue, Delray Beach, Florida. 16. BIDSYNC: The City uses BidSync (www.bidsync.com) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended award decision. There is no charge to potential Proposers to register and download the solicitation from BidSync. Proposers are strongly encouraged to read the various vendor Guides and Tutorials available on the BidSync website well in advance of their intention of submitting a proposal to ensure familiarity with the use of BidSync. 17. POINT OF CONTACT: For information concerning procedures for responding to this RFP, contact the City Purchasing Department via email at purchasing@mydelraybeach.com. Such contact shall be for clarification purposes only. 18. QUESTIONS: Each Proposer must examine this RFP, which incorporates all its addenda, appendices, exhibits, drawings, instructions, special conditions and attachments to determine if the requirements are clearly stated. All questions concerning this RFP, such as discrepancies, omissions and exceptions to any term or condition of the RFP documents, including the Sample Agreement, should be submitted in writing utilizing the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the Deadline for Delivery of Questions specified in the RFP schedule. Failure of the Proposer to examine all pertinent documents shall not entitle the Proposer to any relief from the conditions imposed in the Agreement. 19. DEFINITIONS The City will use the following definitions in its special conditions, scope of services, instructions, addenda and any other document used in the solicitation process: A. REQUEST FOR PROPOSALS (RFP) - City request for proposals from qualified Proposers. City of Delray Beach RFP No. 2016-107 Page 6 Comprehensive Parking Management Services B. Proposer – Person or firm submitting a Proposal. C. PROPOSAL – Proposers response to this RFP. D. RESPONSIVE Proposer – A Proposer whose Proposal conforms in all material respects. E. RESPONSIBLE Proposer – A Proposer who meets the minimum qualification requirements and has the capability to perform the Agreement requirements. F. FIRST RANKED Proposer – The Proposer whose Proposal is deemed the most advantageous to the City after applying the evaluation criteria contained in this RFP. G. SUCCESSFUL Proposer – Proposer who is awarded an Agreement for the provision of services detailed in this RFP. H. AGREEMENT – The Agreement, a sample of which is attached hereto and made a part hereof, between the City and the Successful Proposer to perform the services described herein. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2016-107 Page 7 Comprehensive Parking Management Services TABLE OF CONTENTS SECTION 1: SPECIAL TERMS AND CONDITIONS ................................................................ 8 A. INTRODUCTION AND INFORMATION............................................................................................... 8 B. TERMS AND CONDITIONS ................................................................................................................ 8 SECTION 2: PROPOSAL RESPONSE REQUIREMENTS ......................................................26 SECTION 3 SCOPE OF SERVICES AND/OR SPECIFICATIONS ..........................................34 SECTION 4: FORMS AND INSTRUCTIONS ...........................................................................34 A. AUTHORIZATION TO BIND Proposer ............................................................................................. 42 B. PROPOSAL FORMAT ....................................................................................................................... 42 Proposal Submittal Signature Page ........................................................................................................ 45 Drug-Free Workplace ................................................................................................................................ 48 Conflict of Interest Disclosure Form ....................................................................................................... 48 Acknowledgment of Addenda.................................................................................................................. 50 City of Delray Beach RFP No. 2016-107 Page 8 Comprehensive Parking Management Services SECTION 1: SPECIAL TERMS AND CONDITIONS A. INTRODUCTION AND INFORMATION 1. Purpose The City is soliciting proposals for the provision of Comprehensive Parking Management Services as identified in the Scope of Services herein. Any Proposer wishing to submit a proposal must comply with the requirements contained in this RFP. Within this RFP are several Sections. Section 1 describes the Terms and Conditions that will apply to this RFP and any resulting Agreement. Section 2 describes the Proposal Response Requirements to be provided by the Successful Proposer. Section 3 provides the scope of work and Section 4 provides forms and instructions for preparing a proposal in response to this RFP. B. TERMS AND CONDITIONS 1. Addenda, Changes, and Interpretations Potential Proposers should utilize the question / answer feature provided by BidSync and request modification or clarification of any ambiguity, technical specifications, conflict, discrepancy, omission or other error discovered in this RFP. Requests for clarification, modification, interpretation, or changes must be received prior to the Deadline for Delivery of Questions. Requests received after the Deadline may not be addressed. The City’s response to questions and requests for information will be answered within the question/answer feature provided by BidSync. Additionally, all questions received and responses given will be provided via an addendum to this ITB and uploaded to BidSync. Material changes, if any, to the requirements, scope, specifications, or the solicitation process will made by official written addendum issued by the City and uploaded to BidSync as an addendum to this ITB. All addenda are a part of the RFP solicitation documents and each Proposer will be bound by such addenda. It is the responsibility of each Proposer to read and comprehend all addenda issued. Failure of any Proposer to acknowledge an issued addendum in its Response will not relieve the Proposer from any obligation contained therein. 2. Evaluation of Proposals The City Manager will designate a Selection Committee to review and evaluate the Proposals submitted in response to this RFP. The review process will be conducted at a minimum of two phases. In Phase One, the Chief Purchasing Officer (CPO) or designee shall determine whether each Proposer is responsive and responsible. For the purposes of this RFP, a responsive Proposer means a Proposer that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly, in Phase One, the CPO or designee will determine whether each Proposer correctly submitted all of the necessary forms and documents. For the purposes of this RFP, a responsible Proposer means a Proposer meets the minimum qualification requirement(s) in this RFP, Section 2. City of Delray Beach RFP No. 2016-107 Page 9 Comprehensive Parking Management Services Among other things, a Proposal may be found to be non-responsive if the Proposer failed to provide the information requested in the RFP; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. In Phase Two, the Selection Committee will evaluate each proposal utilizing the following weighted criteria: Evaluation Criteria Criterion Max Score Experience 20 Capacity & Approach 35 Fee Proposal 30 Interviews 10 Location 5 Total 100 Each Selection Committee member will evaluate, rank and score the proposals for each of the evaluation criteria. The Selection Committee may create a short list of Proposers from the proposals received and elect to conduct interviews/presentations with the short- listed firms. If the Selection Committee elects to short-list only those proposals from Proposer that are short-listed will be considered for award of the Agreement. The Selection Committee may rank Proposals without conducting interviews with Proposers. For this reason, each Proposer must ensure that its proposal contains all of the information requested in this RFP. If interviews are concducted, the evaluation will be on the knowledge demonstrated by the Proposer and its team members, as well as the team's ideas and vision for services for the City. Consideration will be given for unqualified answers, comprehensive explanations of relevant experience, and understanding of the required services. Consideration will also be given for presentation style. Clarification information as well as information obtained during the interview process will be considered in the final evaluations and ranking of Proposals. At any time during the Selection process, the City may conduct investigations it deems necessary to evaluate the proposals. Each Proposer shall promptly provide the City with any additional information reasonably requested by the City. The City shall have the right to make additional inquiries, interview some or all of the Proposers, visit the facilities of one or more of the Proposers, or take any other action the City deems necessary to fairly evaluate a proposal. At any time during the Selection process, the City may reject a proposal if the City concludes the Proposer is not qualified (e.g. Proposer does not satisfy the minimum requirements criteria set forth in this RFP). The Selection Committee and/or the City Commission may select the Successful Proposer without allowing any presentations or interviews by any Proposer. For this City of Delray Beach RFP No. 2016-107 Page 10 Comprehensive Parking Management Services reason, each Proposer must ensure that its proposal contains all of the information requested in this RFP. 3. Award The City reserves the right to accept a Proposal(s) and award an Agreement that in its judgment will be for the best interest of the City. The City reserves the right to negotiate agreement terms with the Successful Proposer. 4. The City’s Acceptance or Rejection of Proposals The City reserves its exclusive right to: • Disregard all non-conforming, non-responsive, unbalanced or conditional proposals • Reject any and all proposals that fail to satisfy the requirements and specifications in this RFP • Accept the proposal which is the best overall proposal, based on the selection criteria listed • Reject any and all non-responsive proposals • Waive minor irregularities in any proposal • Issue addenda or otherwise revise the requirements in this RFP • Reject all proposals, with or without cause • Issue requests for new proposals • Cancel this RFP The City may reject a proposal for any reason that the City deems sufficient. For example, the City may reject one or more proposals if (1) the Proposer misstates or conceals any material fact in their proposal; (2) the proposal does not conform to the requirements of applicable Law; (3) the proposal is subject to conditions or qualifications; (4) a change occurs that makes this RFP unnecessary for the City; (5) any Proposer submits more than one proposal under the same or different names; (6) a Proposer has failed to perform satisfactorily or meet its financial obligations on previous contracts; (7) the Proposer employs unauthorized aliens in violation of Section 274(A)(e) of the Immigration and Naturalization Act; and/or (8) or the Proposer is listed on the U.S. Comptroller General’s List of Ineligible Companies for Federally Financed or Assisted Projects. Any or all proposals may be rejected if the City concludes that collusion existed among two or more of the Proposers. Proposals received from the participants in such collusion will not be considered for the same work in this RFP if re-advertised. The City may reject proposals if two (2) or more Proposers are planning a merger, or are in the process of merging with or acquiring other Proposers, and the City concludes that the Proposers are not submitting bona fide or uncompromised proposals. In such cases, the City may reject all proposals in which such Proposers are involved. The City reserves the right to disqualify Proposer during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. City of Delray Beach RFP No. 2016-107 Page 11 Comprehensive Parking Management Services 5. Protest Procedures As noted above, proposals will be evaluated in two phases. If the Proposer is deemed non- responsive or non-responsible during Phase One, the CPO shall provide notice to the affected Proposer. The CPO shall also post notice on BidSync (www.bidsync.com) and the bulletin board located in the lobby of City Hall after the Selection Committee provides a recommendation for award at the conclusion of Phase Two. Any Proposer who is aggrieved by these decisions or a decision of the City Commission may file a protest pursuant to Section 36.04 (entitled "Protest Procedures") of the Delray Beach Code of Ordinances. However, nothing contained in this RFP shall be deemed to limit the authority of the City Commission under special or general law. Any Proposer filing a protest shall submit with its protest a Protest Bond, payable to the City, in the amount of fifteen thousand dollars ($15,000). If the protest is decided in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. 6. Changes and Alterations Proposers may change or withdraw a Proposal at any time prior to the proposal Due Date and Time; however, no oral modifications will be allowed. Modifications shall not be allowed following the proposal Due Date and Time. 7. Proposer's Costs The City shall not be liable for any costs incurred by Proposers in responding to this RFP. 8. Pricing/Delivery All pricing should be identified on the Fee Proposal page provided in this RFP. No additional costs may be accepted, other than the costs stated on the Fee Proposal pages. Failure to use the City’s Fee Proposal form and provide costs as requested in this RFP may deem Proposer’s proposal non-responsive. Proposer must quote a firm, fixed fee f or all services stated in the RFP. Fees stated in the Fee Proposal must be quoted FOB: Destination and all costs, including travel to and from the City shall be included. Discrepancies in the multiplication of units of Work and unit prices submitted in the Price Proposal will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 9. Invoices/Payment The City will accept invoices no more frequently than once per month. Each invoice shall fully detail the related fees and shall specify the status of the particular task or project as of the date of the invoice with regard to the accepted schedule for that task or project. Payment will be made within forty-five (45) days after receipt of an invoice acceptable to the City, in accordance with the Florida Local Government Prompt Payment Act. If, at any time during the Agreement, the City shall not approve or accept the Proposer's work product, and agreement cannot be reached between the City and City of Delray Beach RFP No. 2016-107 Page 12 Comprehensive Parking Management Services the Proposer to resolve the problem to the City's satisfaction, the City shall negotiate with the Proposer on a payment for the work completed and usable to the City. 10. Acceptance of Proposals / Minor Irregularities The City reserves the right to accept or reject any or all proposals, part of proposals, and to waive minor irregularities or variances to specifications contained in proposals which do not make the proposal conditional in nature, and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a Proposer an advantage or benefit not enjoyed by other Proposers, does not adversely impact the interests of other firms or, does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue a RFP. The City reserves the right to disqualify Proposer during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. 11. Modification of Services W hile this Agreement is for services provided to the department referenced in this RFP, the City may require similar work for other City departments. Successful Proposer agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Successful Proposer. The City reserves the right to delete any portion of the work at any time without cause, and if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the City on any portion of an Agreement resulting from this RFP, the Successful Proposer shall be paid for the work completed on the basis of the estimated percentage of completion of such portion to the total project cost. The City may require additional items or services of a s imilar nature, but not specif ically listed in the Agreement. The Successful Proposer agrees to provide such items or services, and shall provide the City prices on such additional items or services based upon a formula or method, which is the same or similar to that used in establishing the prices in their proposal. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items or services from other suppliers, or to cancel the Agreement upon giving the Successful Proposer thirty (30) days written notice. If the Successful Proposer and the City agree on modifications or revisions to the task elements, after the City has approved work to beg in on a particular task or project, and a budget has been established for that task or project, the Successful Proposer will submit a revised budget to the City for approval prior to proceeding with the work. 12. Non Exclusive Contract Proposer agrees and understands that the Agreement shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another supplier at the City’s sole option. City of Delray Beach RFP No. 2016-107 Page 13 Comprehensive Parking Management Services 13. Contract Agreement By submitting a proposal the Proposer agrees to all terms and conditions in this RFP, which incorporates all addenda, appendices, exhibits, attachments and sample Agreement. The Successful Proposer will be required to execute the Agreement, a sample of which is attached hereto and made a part hereof. The Agreement will incorporate the Successful Proposer’s Proposal and any subsequent information requested from the Successful Proposer by the City during the evaluation process. The City will transmit the Agreement to the recommended proposer for execution. Proposer agrees to deliver two duly executed copies of the Agreement to the City within five (5) calendar days of receipt. 14. Subcontractors If the Proposer proposes to use subcontractors in the course of providing services to the City, this information shall be a part of the proposal. Such information shall be subject to review, acceptance and approval of the City, prior to any award. The City reserves the right to approve or disapprove of any subcontractor candidate in its best interest and to require Proposer to replace subcontractor with one that meets City approval. Proposer shall ensure that all of Proposer’s subcontractors perform in accordance with the terms and conditions of the Agreement. Proposer shall be f ully responsible for all of Proposer’s subcontractors’ performance, and liable for any of Proposer’s subcontractors’ non-performance and all of Proposer’s subcontractors’ acts and omissions. Proposer shall defend, at Proposer’s expense, counsel being subject to the City’s approval or disapproval, and indemnify and hold harmless the City and the City’s officers, employees, and agents from and against any claim, lawsuit, third-party action, or judgment, including any award of attorney fees and any award of costs, by or in favor of any Proposer’s subcontractors for payment for work performed for the City. Successful Proposer shall require all of its subcontractors to provide the required insurance coverage as well as any other coverage that the Proposer may consider necessary, and any deficiency in the coverage or policy limits of said subcontractors will be the sole responsibility of the Successful Proposer. 15. Proposal Guaranty Each proposal must be accompanied by a certified check or cashier's check for a proposal guaranty in an amount equal to five percent of the proposed price. The check or bid bond shall be made payable to the City of Delray Beach, Florida and must indicate the proper dollar amount. If the Successful Proposer fails or refuses to execute the Agreement or provide the necessary certificates of insurance, or Performance Bond following award, within the timeframes set forth herein, the City shall retain the entire proposal guaranty and disqualify the Proposer. City of Delray Beach RFP No. 2016-107 Page 14 Comprehensive Parking Management Services 16. Performance Bond/Irrevocable Letter of Credit The Proposer will execute and deliver to the City, within ten (10) days after notification of award, a Cash Deposit, Performance Bond, or Unconditional Irrevocable Letter of Credit payable to the City, in the total amount of the Proposer’s bid amount. If the bond is on an annual coverage basis, renewal of each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing bond. A surety company of recognized standing, authorized to do business in the State of Florida, and having a resident agent must execute the Performance Bond. If a letter of credit is chosen, it must be in a form acceptable to the City, drawn on a bank acceptable to the City, and issued in favor of the City. Acknowledgment and agreement is given by both parties that the amount herein above set is not intended to be or shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Proposer to the City in the event of a material breach of the Agreement by the Proposer. The City shall monitor the performance of all Proposers. If Proposer performance fails to meet the requirements specified within the contract, the City may without cause and without prejudice to any other right or remedy, terminate the contract whenever the City determines that such termination is in the best interest of the City. 17. Insurance Requirements The Successful Proposer shall supply proof of insurance, detailing terms and provisions of coverage. Coverage must be received by the Purchasing Department and approved by the City Risk Manager within 10 days of final execution of the Agreement. Selected Proposer shall carry the following minimum types of insurance: A. Workers’ Compensation Insurance: with the statutory limits. B. Employers’ Liability insurance with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C. Comprehensive General Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The Comprehensive General Liability insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and Contractual Exclusions removed. D. Automobile Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence. E. Commercial Crime Liability: with limits of not less than one million ($1,000,000) dollars per occurrence. City of Delray Beach RFP No. 2016-107 Page 15 Comprehensive Parking Management Services F. Garage Keeper Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A- or better. All insurance policies shall name the City of Delray Beach as an additional insured. The Successful Proposer agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Purchasing Department located at 100 N.W. 1st Ave., Delray Beach, FL 33444. 18. Award of Ag reement An Agreement may be awarded by the City Commission. The City reserves the right to execute or not execute, as applicable, an Agreement with the Successful Proposer(s) that is determined to be in the City’s best interests. The City reserves the right to award an Agreement to more than one Proposer, at the sole and absolute discretion of the in the City. 19. Unauthorized Work The Successful Proposer(s) shall not begin work until an Agreement has been awarded by the City Commission and a purchase order and/or task order has been issued. Successful Proposer(s) agree and understand that the issuance of a purchase order and/or task order shall be issued and provided to the Successful Proposer(s) following Commission award; however, non-receipt of a purchase order and/or task order shall not prevent the Successful Proposer(s) from commencing the work once the City Commission has awarded the Agreement. 20. Uncontrollable Circumstances (Force Majeure) The City and Successful Proposer will be excused from the performance of their respective obligations under the A greement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or f ailure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to f urnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and City of Delray Beach RFP No. 2016-107 Page 16 Comprehensive Parking Management Services D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Proposer will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 21. New s Releases/Publicity News releases, publicity releases, or advertisements relating to the Agreement or the tasks or projects associated with the project shall not be made by Proposers without prior City approval. 22. Agreement Period The initial Agreement term shall commence on the date specified in the Agreement and shall expire four years from that date. The City reserves the right to extend the Agreement for two additional one year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. At the City’s request, the Successful Proposer shall continue services beyond the final expiration date. This extension period shall not extend for more than one year beyond the final expiration date of the Agreement. The Successful Proposer shall be compensated at the rate in effect when this extension period is invoked by the City. 23. Agreement Coordinator The City may designate an Agreement Coordinator whose principal duties shall be: • Liaison with Successful Proposer. • Coordinate and approve all work under the Agreement. • Resolve any disputes. • Assure consistency and quality of Successful Proposer's performance. • Schedule and conduct Successful Proposer performance evaluations and document findings. • Review and approve for payment all invoices for work performed or items delivered. 24. Substitution of Personnel It is the intention of the City that the Successful Proposer's personnel proposed for the Agreement will be available for the Agreement Period. In the event the Successful Proposer wishes to substitute personnel, Successful Proposer shall propose personnel of equal or higher qualifications and all replacement personnel are subject to City approval. In the event substitute personnel are not satisfactory to the City and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the Agreement for cause. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2016-107 Page 17 Comprehensive Parking Management Services 25. Public Records IF THE SUCCESSFUL Proposer HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561- 243-7050 OR VIA EMAIL AT PUBLICRECORDSREQUEST@MYDELRAYBEACH.COM. Successful Proposer shall comply with public records laws, specifically to: i. Keep and maintain public records required by the City to perform the service. ii. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Successful Proposer does not transfer the records to the City. iv. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Successful Proposer or keep and maintain public records required by the City to perform the service. If the Successful Proposer transfers all public records to the City upon completion of the Agreement, the Successful Proposer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Successful Proposer keeps and maintains public records upon completion of the Agreement, the Successful Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. v. If the Successful Proposer does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. REQUEST FOR RECORDS; NONCOMPLIANCE All requests to inspect or copy public records relating to a City Agreement for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Successful Proposer of the request, and the Successful Proposer must provide the records to the City or allow the records to be inspected or copied within a reasonable time. City of Delray Beach RFP No. 2016-107 Page 18 Comprehensive Parking Management Services If Successful Proposer does not comply with the City’s records request for records, the City shall enforce the Agreement provisions in accordance with the Agreement. If Successful Proposer fails to provide the public records to the City within a reasonable time may be subject to penalties under Florida Statute Chapter 119.10. If a civil action is filed against Successful Proposer to compel production of public records relating to a City Agreement for services, the court shall assess and award against the Successful Proposer the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the Successful Proposer unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Successful Proposer has not complied with the request, to the public agency and to the contractor. A notice complies if it is sent to the City’s custodian of public records and to the Successful Proposer at the Successful Proposer’s address listed on its Agreement with the City or to the Successful Proposer’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A Successful Proposer who complies with a public records request within eight business days after the notice is sent is not liable for the reasonable costs of enforcement. 26. Limitations on Communication-Cone of Silence: Proposers are advised that a Cone of Silence will be in effect during this RFP. The Cone of Silence is effective from the Due Date and Time until award is made by the City Manager and/or Commission. The Cone of Silence prohibits any communications, regarding this RFP, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission’s staff, any City employee authorized to act on behalf of the City to award the Agreement under this RFP, or any member of the Selection Committee. All correspondence regarding this RFP must be in writing and must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides “any person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances.” The County Code provides as follows: A. ‘Cone of Silence’ means a prohibition on any communication, except for written correspondence, regarding a particular request for proposals, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitations; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular Agreement. B. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. City of Delray Beach RFP No. 2016-107 Page 19 Comprehensive Parking Management Services C. The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The Cone of Silence applies to any person or person's representative who responds to a particular request for proposals, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposals, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. D. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, Bidder negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the Cone of Silence shall not apply to Bidder negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. E. The Cone of Silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. F. The Cone of Silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves an Agreement, rejects all Bids or responses, or otherwise takes action which ends the solicitation process. G. Any Agreement entered into in violation of the Cone of Silence provisions in this section shall render the transaction voidable. 27. RECORDS: Proposer shall comply with all public records laws in accordance with Florida Statutes, Chapter 119. In accordance with state law, Proposer agrees to: A. Keep and maintain all records that ordinarily and necessarily would be required by the City. B. Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Florida Statutes, Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Proposer at the termination of the Agreement and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Proposer. City of Delray Beach RFP No. 2016-107 Page 20 Comprehensive Parking Management Services E. If Proposer does not comply with this section, the City shall enforce the Agreement provisions in accordance with the Agreement and may unilaterally cancel this Agreement in accordance with state law. 28. OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city contracts, transactions, accounts and records. The City has entered into an Inter-local Agreement with Palm Beach County for Inspector General Services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to the Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the parties doing business with the City, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Proposer agrees that it is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of purchases and Agreements, and may demand and obtain records and testimony from Proposer and its sub licensees and lower tier sub licensees. Proposer understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Proposer or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of any order. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 30. PUBLIC ENTITY CRIMES: Pursuant to Florida Statutes 287.133, as amended, 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 proposal on an Agreement to provide any goods or services to a public entity, may not submit a proposal on an Agreement with a public entity for the construction or repair of a public building or public work, may not submit a proposal on leases of real property to a public entity, may not be awarded or perform work as an Agreement or, supplier, subcontractor or consultant under an Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Each Proposer must certify that the Proposer is not subject to these prohibitions regarding public entity crimes. 31. SCRUTINIZED COMPANIES: This Section applies to any Agreement for goods or services of $1 million or more. The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, that it does not have business operations in Cuba or Syria and t as provided in Florida Statutes 287.135. The City may terminate an Agreement at the City’ s option if the Proposer is found to have submitted a false certification as provided under subsection (5) of Florida Statutes 287.135 or been placed on the Scrutinized Companies City of Delray Beach RFP No. 2016-107 Page 21 Comprehensive Parking Management Services with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Florida Statutes 287.135. 32. DEBARRED OR SUSPENDED PROPOSERS: The Proposer certifies, by submission of a response to this solicitation, that neither it nor its principals or subcontractors are presently debarred or suspended by any Federal, State or City department or agency. 33. LOBBYING ACTIVITIES: All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance (Section 2 - 351 of the Palm Beach County Code of Ordinances) applies to the City and this solicitation. Any violation of this requirement may cause the Proposer to be disqualified and prohibited from participating further in the RFP process. 34. COMPLIANCE WITH LAWS: Proposer shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant any order. 35. NON-DISCRIMINATION: The Proposer shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Proposer will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractor to be in compliance. 36. CONFLICT OF INTEREST: By submitting a Proposal, Proposer declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City is directly or indirectly interested in this Proposal or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or The award is subject to provisions of State Statutes and City Ordinances. All Proposers must disclose with their Proposal the name of any officer, director or agent who is also an employee of the City. Further, all Proposers must disclose the name of any City employee who owns, directly or indirectly, any interest in the Proposer’s firm or any of it’s’ branches. 37. ANTI-COLLUSION: Proposer certifies that its Proposal is made without prior understanding, agreement, or connection with any other corporation, firm or person submitting a Proposal for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. Any such violation may result in Agreement cancellation, return of materials or discontinuation of services and the possible removal of Proposer from participation in future City solicitations for a specified period. 38. CITY POLICIES: Successful Proposer shall comply with the City Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace City of Delray Beach RFP No. 2016-107 Page 22 Comprehensive Parking Management Services Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City Human Resources Division. Violations of these policies may result in cancellation/termination of the Agreement. 39. TRADE SECRET: Any language contained in the Proposer’s Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer’s Proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 40. LOCAL PREFERENCE: In accordance with the City Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business' Proposal is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive proposer. A Local Business is any person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one year prior to the solicitation issue date and a physical address within the City from which the vendor lawfully performs and operates. 41. VENUE: Proposers waive the privilege of venue and agree that any legal action brought pursuant to this RFP or any resulting Agreement between Proposer and the City will be in Palm Beach County, Florida and that all litigation between Proposer and the City in the federal courts shall take place in the U.S. District Court for the Southern District of Florida. Proposer hereby waives any claim against City and its officers, employees, volunteers or agents for loss of anticipated profits caused by any suit or proceedings directly or indirectly attacking the validity of the Agreement or any part thereof, or by any judgment or award in any suit or proceeding declaring the Agreement null, void, or voidable, or delaying the same, or any part hereof, from being carried out. 42. INDEMNITY/HOLD HARMLESS AGREEMENT: Proposer shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or City of Delray Beach RFP No. 2016-107 Page 23 Comprehensive Parking Management Services alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Proposer, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any order including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Proposer shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of any order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Proposer under any order may be retained by City until all of City's claims for indemnification pursuant to any order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. 43. SPECIFICATIONS: The specifications contained in the Scope of Services may include items that are considered minimum, mandatory, or required. If any Proposer is unable to meet or exceed these items and feels that the specifications are overly restrictive, the Proposer must notify the Purchasing Department prior to the Deadline for Delivery of Written Questions and Objections. If no such notification is received prior to the Deadline for Delivery of Written Questions, the City will consider the specifications to be acceptable to all Proposers. 44. PROTEST PROCEDURES: Parties that are not actual proposers including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section. Upon notification by the City that a proposer is deemed non-responsive and/or non-responsible, the, proposer or responder who is deemed non-responsive and/or non-responsible may file a protest with the Chief Purchasing Officer by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited. Likewise, after a Notice of Intent to Award an Agreement is posted, any actual proposer who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. Any proposer filing a protest shall simultaneously provide a Protest Bond to the City in the amount of $15,000. If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the City. The Protest Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents. Any actual proposer that does not formally protest or appeal in accordance with this City Code Ordinance 36.04 shall not have standing to protest the City Commission's award. Proposal protests will follow the procedures set forth in City Code Ordinance 36.04. 45. ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City encourages Proposers to submit a Proposal or, if requested an alternate proposal, City of Delray Beach RFP No. 2016-107 Page 24 Comprehensive Parking Management Services containing items and/or the use of items with recycled content. When submitting a Proposal with recycled content items, Proposer shall provide documentation to the City to support their claim of the recycled content. The City prefers packaging consisting of materials that are degradable or that able to be recycled. When specifically stated in the RFP, the City may give preference to proposals containing items and/or the use of items manufactured with recycled material or packaging that is recyclable. 46. USE OF OTHER GOVERNMENTAL AGREEMENTS: The City reserves the right to reject any part or all of any proposal received and utilize other available governmental agreements, if such action is in its best interest. The successful Proposer agrees to make available to all governmental agencies, authorities, departments, and municipalities the prices submitted with the selected proposal should any governmental agency, authority, department, and municipality (collectively referred to as Public Entities) desire to buy under the selected proposal. The City will not be responsible for any transactions between the Successful Proposer and Public Entities that may elect to utilize the awarded proposal. All terms, prices and conditions of the awarded proposal will apply between the Successful Proposer and Public Entities utilizing the awarded proposal. As a condition of using the awarded proposal, the Public Entity and successful Proposer shall hold the City harmless from any claims or legal actions that may arise. NOTE: Any quantities estimated in this RFP are for the City only. 47. PROHIBITION OF INTEREST: No Agreement will be awarded to a Proposer who has City elected officials, officers or employees affiliated with it, unless the Proposer has fully complied with current Florida State Statutes, City Ordinances, the Palm Beach County Code of Ethics, and all other applicable rules and regulations relating to this issue. Proposers must disclose any such affiliation in their Proposal. Failure to disclose any such affiliation will result in disqualification of the Proposer, removal of the Proposer from the City’s Proposer lists, and prohibition of the Proposer from engaging in any business with the City for a specified period. 48. LEGAL REQUIREMENTS: Applicable provisions of all federal, State of Florida, and Palm Beach County laws, local ordinances, rules and regulations shall govern development, submittal and evaluation of Proposals submitted in response to this RFP and shall govern any and all claims and disputes which may arise between Proposers and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any Proposer shall not constitute a cognizable defense against the legal effect thereof. 49. PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this RFP, will be considered to be net 30 days after the date of receipt of a correct invoice by the City Finance Department. Proposer may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Proposer offers a discount, it is understood that the discount time will be computed from the date of receipt of correct invoice by the City Finance Department. 50. PROPOSAL FIRM FOR ACCEPTANCE: Proposer warrants that by virtue of submitting a Proposal, the Proposal and the prices quoted in the Proposal will be firm for acceptance by the City for a period of one hundred fifty days from the Due Date and Time. City of Delray Beach RFP No. 2016-107 Page 25 Comprehensive Parking Management Services 51. COMMUNICATIONS: Only written communications from Proposer, which are signed by a person authorized to bind the Proposer will be recognized by the City as duly authorized expressions on behalf of Proposer. [Remainder of page intentionally left blank} City of Delray Beach RFP No. 2016-107 Page 26 Comprehensive Parking Management Services SECTION 2: PROPOSAL RESPONSE REQUIREMENTS 1. HISTORY AND BACKGROUND Parking Facility Services is a division within the Department of Environmental Services. This division will be responsible for the management of the contract for the comprehensive parking management services. Parking Facility Services inventory for the parking spaces includes two (2) garages, nineteen (19) off-street surface lots, and approximately 1053 on-street parking spaces within the City’s Beach Area, Central Core and West Atlantic Neighborhood. There is approximately 2,300 parking spaces within the city limits. A comprehensive inventory of the City’s parking spaces and facilities is identified in the Delray Beach Parking Management Plan. (Appendix A). 2. PROPOSER STATEMENT OF ORGANIZATION Provide information on Proposer as follows: A. Legal contracting name including any dba. B. State of organization or incorporation. C. Ownership structure of Proposer’s company. (e.g., Sole Proprietorship, Partnership, Limited Liability Corporation, Corporation) D. Federal Identification Number. E. Contact information for Proposer’s Corporate headquarters. Address City, State, Zip Phone F. Contact information for Proposer’s Local office (if any). Address City, State, Zip Phone G. List of officers, owners and/or partners, or managers of the firm. Include names, addresses, and phone numbers H. Any additional organizational information that Proposer wishes to supply to augment its proposal I. Contact information for Proposer’s Primary representative during this RFP process. Name Phone E-mail City of Delray Beach RFP No. 2016-107 Page 27 Comprehensive Parking Management Services Mailing Address City, State, Zip J. Contact information for Proposer’s Secondary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip 3. MINIMUM QUALIFICATIONS Each proposer shall submit information and documentation requested that confirms it meets the following qualification requirement(s): i. Must be registered with the States of Florida, Division of corporations to do business in Florida. No documentation is required. The City will verify registration. ii. Has at least five years of experience in parking management services that includes revenue collection and parking enforcement. No documentation is required. The City will verify with qualifying organizations listed in Item iii below. iii. Must have provided parking management services for four organizations, each with a minimum of 2,000 spaces managed by Proposer since August 1, 2009. Proposer must have provided revenue collection and parking enforcement services to a minimum of one of the qualifying organizations for a period equal to five years. Provide the requested information below for each of the four organizations. (1) Name of the parking facility (2) Location of the parking facility (3) Name of owner (4) Contact name (5) Contact phone number (6) Contact email address (7) Dates of service (Begin/End) 4. PROPOSAL RESPONSE REQUIREMENTS A. EXPERIENCE i. Submit a detailed narrative description documenting Proposer’s overall background and experience to include, but not limited to, the following: a. Details of Proposer’s company to include years in business and any City of Delray Beach RFP No. 2016-107 Page 28 Comprehensive Parking Management Services experience in parking related specialty services. b. Number of employees c. Awards, certifications, or other parking related recognition d. Experience with Scofflaw collections across state lines. e. Summarize the circumstances if Proposer has had a municipal contract terminated prior to expiration in the past ten years. If none, provide a statement to that effect. ii. Submit a detailed narrative description documenting Proposer’s specific experience including, but not limited to, the following: a. Knowledge of and experience in: (1) Revenue control equipment (2) Multi-space parking equipment and technology (3) Single-space parking equipment and technology (4) License plate recognition technology (5) Parking sensor technology (6) Smart-phone parking Apps (7) Garage maintenance equipment b. Background in: (1) Parking meter collections (2) Garage maintenance (3) Citation management (4) Parking enforcement (5) On-line payment of parking citation c. Experience specific related to management of parking facilities particularly for municipalities with diverse parking options that include street-side, surface and parking garages. d. Experience in: (1) Managing special event parking (2) Hiring and scheduling staffing for special events (3) Implementing operational controls for handling monies during special events (4) Marketing and public relations (5) Customer service and issue resolution (6) Working with local business owners iii. Submit detailed information and narrative descriptions documenting experience of the key personnel, including the individual Proposed by Proposer who will be assigned as parking manager at the City. iv. Biography of the parking manager to be assigned to the City and all other key personnel that will participate in the parking management services that includes: (1) Name (2) Years in parking industry (3) Years with Proposer (4) Work history (5) Education v. If the Proposer proposes to use subcontractors in the course of providing services, provide details of the area in which subcontracted services will be City of Delray Beach RFP No. 2016-107 Page 29 Comprehensive Parking Management Services utilized and if applicable, identify the subcontractor. vi. Each Proposer shall submit client references for whom they have provided parking management services similar to those specified in this RFP in the past five (5) years and who are agreeable to respond to a request from the City regarding proposer’s experience. Each client reference should include the following: (1) Organization name (2) Contact name (3) Contact email address (4) Address (5) Telephone and fax numbers (6) Dates of service (start/end) (7) Scope of work (brief description) (8) Number of parking spaces under management (9) Annual management fee (excluding reimbursable expenses); select from the applicable range below: (a) $0-$99,000 (b) $100,000 - $249,000 (c) $250,000 - $399,000 (d) $400,000 or greater B. CAPACITY AND APPROACH i. Provide a summary overview of the proposed approach and methodology for engaging with City representatives while in the course of performing the duties. ii. The overall approach to delivering the Scope of Services. iii. Goals that the Proposer would like to achieve. iv. Narrative that demonstrates working knowledge and understanding of the requirements of the Scope of Services. v. Details of implementation plan and schedule. vi. Describe Proposer’s strategies to ensure accessibility and availability of its corporate management team and support staff during the term of the Agreement. vii. Overall staffing plan to include an organization chart depicting the positions proposed and the reporting structure to include hiring for special events. viii. Detail the types and functionality of equipment and technology to be utilized and Proposer’s plan for the implementation of and on-going support to include the following: (1) Revenue control equipment (2) Multi-space parking technology (3) License plate recognition technology (4) Parking sensor technology (5) Smart-phone parking Apps (6) Garage maintenance equipment (7) On-line payment of parking citation (8) Network security for all transactions and information (9) Emergency network backup ix. Detail Proposer’s strategies for the following services: (1) Parking meter collections (2) Collections accounting City of Delray Beach RFP No. 2016-107 Page 30 Comprehensive Parking Management Services (3) Processing of all monies collected (4) Citation management (5) Parking enforcement (6) Overall management of parking facilities to include street-side, surface and parking garages (7) Managing special event parking (8) Scheduling staffing for special events (9) Implementing operational controls for handling monies, including for special events (10) Marketing and public relations (11) Customer service and issue resolution (12) Working with local business owners (13) Maintaining records of all parking and citation transactions x. Detail Proposer’s plan for the following: (1) Reviewing, analyzing and reporting to the City regarding parking data (2) Managing parking rates throughout the day and adjusting based upon demand (3) Developing annual expense budgets (4) Assisting the City with any replacements or new installations of parking meters (5) Parking garage maintenance and cleaning (6) Training personnel (7) Bonding personnel (8) Personnel Uniforms (9) Personnel and equipment safety measures xi. Proposer shall specify the location(s), including the address, where the work for this project will be performed, including work performed by subcontractors, if applicable. xii. Proposer shall thoroughly explain: a. Its accessibility in the areas of availability for meetings, general communications, coordination, and supervision b. How the proposer physically plans on attending pre-scheduled meetings c. How the proposer plans on ensuring accessibility and availability during the term of the Agreement C. LOCATION Per City Code of Ordinances Section 36.14 Local Business Preference; for all acquisitions made pursuant to Requests for Proposals, as provided in City Code of Ordinances Section 36.02(A)(2), the solicitation shall include a weighted criterion for local businesses of five (5) percentage points of the total points in the evaluation criteria published in the solicitation. Businesses must be certified prior to the Due Date and Time for submission of Proposals. Proposer’s who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. i. Provide a copy of Proposer’s documentation that confirms Proposer meets the local business requirements and is certified prior to the Due Date and Time for submission of Proposals. City of Delray Beach RFP No. 2016-107 Page 31 Comprehensive Parking Management Services [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2016-107 Page 32 Comprehensive Parking Management Services D. FEE PROPOSAL Proposers should use this form for submitting its Fee Proposal. The following pricing is submitted as, all inclusive, to provide Comprehensive Parking Management Services in accordance with the requirements identified in this Scope of Work, and as set forth in this RFP document. The Proposer’s annual fee for Comprehensive Parking Management Services shall remain firm for the initial three year period of the Agreement. Any escalation in pricing for each renewal period will be based on the Bureau of Labor Statistics ECI, Management, professional and related occupations Series ID CIU201S000100000A, change in most recent 12 month period. The option for renewal shall be exercised upon mutual agreement between Contractor and City, by written agreement with all original terms and conditions adhered to with no deviations. The Proposer must submit a Fee Proposal for Option A. Proposer may submit an alternative Fee Proposal for Option B. Fees submitted in Option A will be utilize to determine initial scores for the Fee Proposal evaluation criterion. 1. Option A - Management Services Fee Plus Expenses. Under this O ption, propose a flat fee for management services and provide documentation of Proposer’s direct operating expenses to be reimbursed by the City. NOTE: This option will require all expenses to be pre-approved by the City and will require detailed expenditure data and supporting documentation to be provided to the City on a monthly basis with each invoice for services. 1. Total Annual Fee $____________ 2. Total Annual Expenses Reimbursement $____________ TOTAL FEE PROPOS AL $_____________ 2. Option B - Management Services Flat Fee. Under this O ption, propose an all-inclusive flat fee for all services provided and all operating expenses. NOTE: This option will require detailed expenditure data to be provided to the City. 1. Total Annual Fee $____________ TOTAL FEE PROPOSAL $_____________ 3. Itemized Listing Proposer shall include with its Fee Proposal an itemized listing to include, but not be limited to the following costs: City of Delray Beach RFP No. 2016-107 Page 33 Comprehensive Parking Management Services a. The fully loaded hourly rate for enforcement personnel and the number of hours proposed for enforcement per month. The hourly rate times the hours per month times 12 months will be the annual enforcement cost. b. The fully loaded hourly rate for collection personnel and number of hours proposed for collection services per month for all meters and pay stations. c. The fully loaded hourly rate for supervisory personal and the number of hours proposed per month for supervisory personnel. d. Provide a three year itemized capital expenditure plan for equipment Proposer proposes for reimbursement including cost for a citation management system and license plate recognition system. e. A full year budget that includes all expenses necessary to operate the parking system whether those expenses are to be paid by Proposer, proposed to be paid directly by the City, such as communications expenses for the pay stations or parking sensors, or expenses proposed to be reimbursed by the City (such as EMS fees from Digital Payment Technologies. If Option A Management Services Plus Expenses is selected, identify all expenses to be reimbursed by the City as such. NOTE: The Parking Fund Fiscal Year 2015 Budget (10-1-14 to 9-30-15) is included in Appendix B. Other financial reports for past years are available on request. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2016-107 Page 34 Comprehensive Parking Management Services SECTION 3: SCOPE OF SERVICES A. Scope Given the demands of managing the City’s parking system and the expected future growth, the City is seeking proposals from qualified firm to provide all personnel, materials and services necessary to manage and operate the City’s parking system. Services will include, but not be limited, to integrated parking management software solution that is accessible via smart-phone technology, parking revenue collection, parking enforcement, parking citation management, complaint resolution, coordination on parking matters with downtown businesses, parking meter maintenance, management of two parking garage facilities, management of valet parking services, and providing data, analysis and recommendations to the City regarding enhancements related to parking and mobility in the downtown area such as managing parking for events and residential parking. The over-riding strategy for parking is to balance the parking needs of the community with the competing interests of businesses, restaurants, visitors and residents in the downtown area. Sound parking management will be critical going forward to ensure the safety and economic vitality of the City. B. Background Delray Beach is a first-class beach resort destination with a diverse, vibrant community located in Palm Beach County, Florida. Atlantic Avenue, which hosts Downtown Delray, is a popular destination for locals and visitors alike, filled with art galleries, upscale shops and fine restaurants. The Delray Beach is also known for its many family-friendly festivals and special events. The demand for parking comes from visitors, patrons of the restaurants and businesses, and local residents who come downtown to enjoy the beach, night-life and events. The heaviest demand is during the winter season from November through April and throughout the year on weekends near the beach. Valet parking is provided by a third party contractor in several locations and currently there are a number of unmetered parking spaces in the downtown area. Downtown parking includes a variety of parking options including off-street parking facilities, on-street parking, and parking garages totaling approximately 2,300 parking spaces (See Exhibit A, Delray Beach Parking Management Plan). The City will be awarding a contract in the near future for the purchase, installation and on-going service of new multi-space smart technology parking meters. It is expected that installation of the smart multi-space parking meters with the capability to use smart phone technology will be completed in a phased process commencing east of the Atlantic Intracoastal Waterway and extending throughout the City. The City Chief Parking Officer will oversee and direct the City’s parking activities. Additionally, the City has a Parking Advisory Board that advises the City with respect to parking management policy and related issues. The Board is made up of eleven members and meets on a monthly basis. City of Delray Beach RFP No. 2016-107 Page 35 Comprehensive Parking Management Services C. Services The successful Proposer shall handle all parking functions including hiring and managing the parking enforcement staff in order to provide overall management of all City parking assets, including but not limited to the following areas of responsibility: i. Implement parking management software that has capabilities such as providing automated citation management tools and the flexibility to change parking rates based upon capacity levels. ii. Managing parking rates throughout the day and adjusting based upon demand. iii. Developing cooperative marketing opportunities between downtown businesses and parking. iv. Parking enforcement. v. Marketing and public relations. vi. Citation management. vii. Resolution of customer-service issues and/or complaints. viii. Coordination on parking matters with local businesses. ix. Event parking planning. x. Provide parking data, analysis, and recommendations regarding rates, parking design, expansion of parking system, traffic flow and control, bikeway planning and design, ADA compliance, wayfinding, marketing, and otherwise assist the City in realizing the potential for the parking system. xi. Installing parking sensors that integrate with parking management software and is accessible to the parking public via a smart phone App(s) that provides notification and location of available parking as well as electronic payment options for parking. D. Parking Enforcement i. Manage enforcement of parking regulations in City-owned metered parking spaces in a fair, professional and friendly manner. Enforcement activities will include electronic ticketing and may in the future include arranging for towing or immobilization of vehicles. ii. Maintain records of citations, including photographic evidence of infractions that involve parking outside of the marked space, parking illegally, or other violations, and provide that documentation quickly to the City for use in dealing with complaints. iii. Issue citations for vehicles improperly parked in the public right of way and in private handicapped spaces. iv. Provide friendly guidance to parkers on how to operate the pay stations and on parking regulations. v. Provide documentation for, attend, testify, and present evidence at hearings on appeals of parking tickets. vi. At a minimum of one time per month, analyze data from pay stations, citation management systems, and pay by phone, and make recommendations to the City, based on that analysis, of changes to parking policies and practices, of enforcement hours, and changes that would improve the parking system. vii. Establish designated patrol routes for enforcement officers. viii. Respond to requests from the City to suspend or emphasize enforcement along certain streets or in certain areas. Ensure adequate staffing to meet the management and enforcement needs of the City’s parking system. City of Delray Beach RFP No. 2016-107 Page 36 Comprehensive Parking Management Services ix. While on patrol, successful Proposer’s employees shall remove visible litter in the parking areas, or inform the Chief Parking Officer if the volume or problem exceeds their ability to collect it. NOTE: The City Finance Department accepts funds for the payment of tickets and sale of parking permits. Proposer is not required to provide cashier services. The City reserves the right to temporarily suspend enforcement along any street, or in any zone according to the needs of the City. The City will make every effort to provide the Proposer adequate notice concerning the location and duration of any such suspension or higher level of enforcement. E. General Services required: i. Assist and consult with the City as necessary in the design of parking facilities or modification to parking rates and policies. ii. At least annually as part of the City budget process, evaluate the parking rates and provide recommendations for rate changes to the City. iii. Work with City businesses as needed to assess how well public parking is accommodating their needs, and provide the Town with suggestions for improvement. iv. Be available to respond to City when needed and attend group and or Commission meetings when asked by the City. v. Install and maintain parking equipment or arrange for City staff to install signage and parking meters. vi. Provide sufficient personnel to issue parking citations at a level of enforcement appropriate for the City. vii. Provide operational and customer training for all enforcement personnel to include a training manual and employee course completion certification as verification. viii. Provide customer services associated with the City’s parking system, including instruction to users on the operation of pay stations, direction to available parking, and explanation of parking regulations. ix. Provide weekly, monthly and annual reports as directed by the City. F. Parking – Special Requirements and Additional Services: i. Enforce parking regulations during special events, and weather-related or other emergencies, and install and remove informational parking signage for such events. ii. Provide temporary signage to alert the public to special event and other temporary or permanent changes in the availability of parking spaces. iii. Arrange for towing or booting of illegally parked vehicles when specifically requested by City. (We do not currently do this.) iv. Change Proposer procedures as necessary to conform to revisions in the City Ordinances, parking regulations, policies and initiatives. v. Review City ordinances and develop an analysis if they are appropriately reinforcing and/or producing the desired outcome. vi. Provide the City with recommendations of Ordinances that may be negatively impacting the parking program. vii. Evaluate the areas of paid parking and provide recommendations for new paid parking areas to the City. viii. Provide low-emission or no-emission, low-speed electric vehicles for enforcement. City of Delray Beach RFP No. 2016-107 Page 37 Comprehensive Parking Management Services G. Parking Meters – Operations i. Program changes in rates into the pay stations as directed by the City to include managing parking rates throughout the day and adjusting based upon demand. ii. Immediately report any full, damaged, missing or malfunctioning meters or facilities to the appropriate supervisor or meter technician. iii. Keep a meter log of all complaints regarding meters. The log will note date, meter number, location, problem and name of the person calling in the problem, and the tag number of the car (if any). (The City’s meter technician shall add the date the meter was checked, the nature of the problem and the date it was corrected.) iv. Upon request by the City, keep the pay stations supplied with paper for receipts to ensure there is no down time. v. The Proposer will be liable for the replacement cost of any lost, stolen, unaccounted for or damaged parking system equipment that is the property of the City H. Parking Meter Replacement i. The City reserves the right to replace any City meter with different equipment. The Proposer agrees to work with the City to find the best prices for the equipment and lowest financing rate available and extend those prices without mark-up to the City. ii. Proposer will assist the City in installing new or replacement parking meters. I. Garage Maintenance i. Provide scheduled cleaning for the two parking garages as well as the Courthouse Garage (as defined in the Agreement). The cleaning will include a daily report of cleaning activities performed which shall include but not be limited to the following: (1) Empty of trash (2) Wipe down of all equipment (3) Cleaning of signage (4) Cleaning of staircase (5) Removal of spider webs (6) Removal of oil spills (7) Painting (8) Pressure washing (9) Replacement of broken tire stops (10) Reporting of elevator issues (11) Lighting outage (12) Equipment failure (13) Assist the City with preparing a procedure manual for such processes to include, but not limited to, managing oil spills and emergency response. J. Collections of Parking Meter Monies and Accounting Upon request by the City, successful Proposer will be required to collect and account for parking meter monies and the following applies: i. Collect and account for all revenues from the parking meters. The collection of single space meters and pay stations are required to be at least weekly, and before a meter is 95% full to ensure no downtime. ii. Ensure proper accountability and internal control of all monies collected. iii. Provide all financial and operational reports as requested by the City. iv. Should any monies collected by the Proposer be lost, stolen, unaccounted for or otherwise removed from the custody and control of the Proposer prior to its deposit City of Delray Beach RFP No. 2016-107 Page 38 Comprehensive Parking Management Services in the City approved bank account, the Proposer shall deposit said amount of money within ninety-six hours of such loss, theft or removal. Should said loss, theft or removal be insured or otherwise secured by the Proposer, any payments made to the City on account thereof shall, if applicable, be reimbursed to the Proposer. The Proposer will be liable for all mismanagement of funds by Proposer, its employees or agents. K. Citation Management (Collections of Monies and Accounting) The successful Proposer shall manage all aspects of the City’s citation management system or Proposer may propose to provide citation management services. If Proposer provides citation management services the following shall apply: i. Proposer’s citation management system shall meet all requirements of the Code of Ordinances. ii. Proposer shall be responsible for collecting payments on citations from the public. Proposer should make available to the customers a variety of payment options approved by the City, including but not limited to cash, check or credit card. Proposer shall also be responsible for processing payments it has received for City parking citations. iii. Proposer shall provide detail accounting of monies collected for parking from City meters, website payments and lockbox (mail-in) payments. iv. Issue late notices for overdue payment of citations and provide follow-up collection in accordance with Florida Statute to include: (1) Out of State Collections (2) DMV Hold Requirement (3) Scofflaw requirements and procedures (should the City choose to tow or boot). v. Utilize automated technology such as license plate recognition (LPR) to issue citations and manage records of citations. L. Office Administration i. In accordance with City Purchasing Ordinances, the Proposer shall be responsible for purchasing all materials necessary to carry out all operational functions. These include but are not limited to paper tickets, ticket books, envelopes, uniforms, office equipment and supplies, and all other necessary equipment. ii. All purchases shall be accompanied by receipts. Proposer shall maintain records of equipment and supplies and provide accounting to City. All purchases submitted for reimbursable must have been acquired in accordance with City Purchasing Ordinances. M. Personnel Administration i. While on duty, parking enforcement personnel shall demonstrate high ethical standards of conduct and observe all written rules and regulations of the successful Proposer concerning their work assignments. Successful Proposer’s written rules and regulations must be in accordance with City ethical and personnel conduct policies. ii. Administer a Florida Department of Law Enforcement criminal background check, 10-panel drug screening, and alcohol testing on all new employees and whenever there is reasonable suspicion or an incident in which an employee appears to be impaired, as allowable by Law. At Proposer’s expense, Proposer shall conduct such background checks, drug screening, and alcohol testing and provide proof results to City of Delray Beach RFP No. 2016-107 Page 39 Comprehensive Parking Management Services the City. Individuals with felony criminal charges, who are on the FBI Terrorist watch list, or who fail the drug or alcohol testing will not be approved to provide on- site services for the City. iii. Supervisors will maintain communications with on-duty field personnel to ensure oversight of parking enforcement activities. iv. At Proposer’s expense, Proposer shall bond of all personnel who handle City monies. v. Proposer shall ensure that all enforcement, cashier, and parking collection personnel wear uniforms and are neatly groomed while on duty. The uniform must be pre- approved by the City and shall display approved insignia or logo that clearly identifies the wearer as an employee of Proposer and being responsible for enforcing parking violations, managing parking facilities or servicing parking meters. The uniform shall include a nametag bearing the name of the personnel which shall be clearly visible and readable at all times. vi. All other employees of the Proposer providing services to the City shall at all times be clearly identifiable by uniform, name badges, name tags, or identification cards. vii. The Proposer shall employ persons who are fully certified, trained, and qualified with the skills and experience necessary to provide the services during the term of this Agreement. viii. Proposer’s personnel assigned to provide services are employees of the Proposer. The Proposer is responsible for hiring, training, supervising of its personnel. ix. Proposer shall at all times ensure that its personnel serve the public in a courteous, helpful, and impartial manner. Correction of any inappropriate behavior or language shall be the responsibility of the Proposer. x. The City, at its sole discretion, reserves the right to require Proposer to make staffing adjustments to meet demand, including the number of service hours per day. xi. Upon request by the City, Proposer shall remove any personnel from the provision of services to the City. xii. The Proposer shall acknowledge the receipt of any public complaint or request for service to the individual making the complaint of request within one City business day. xiii. Proposer shall provide an appropriate response to the individual making the complaint or request with three City business days from the date the communication was received. xiv. In the event a complaint or communication is received alleging an employee of the Proposer was discourteous, belligerent, profane, or in any way intimidating, either physically or verbally, the Proposer shall submit a written report to the Chief Parking Manager within seven calendar days of the date of the report, outlining the complete details of the incident. The report will include the nature of the incident, time, date, location, name, address, and telephone number of the Individual making the allegation. The report will also include the name and title of the employee and the nature of the corrective action was taken. All such records shall be retained during the term of this Agreement and made available to the City upon request. N. Training and Customer Service i. Proposer shall employ personnel that exhibit a friendly, helpful, customer-oriented image at all times while on duty. ii. Provide customer service training to all personnel that is in accordance with industry best practices. The training must be pre-approved by the City. City of Delray Beach RFP No. 2016-107 Page 40 Comprehensive Parking Management Services iii. Provide training to all personnel so they are equipped with general information about the City and can assist visitors with items such as wayfinding. iv. In accordance with the City’s customer service principles, respond to public inquiries about the parking enforcement services, ticketing and enforcement, or any other related concerns. v. Assist the City with public outreach and marketing regarding the parking program, rules and regulations. O. Safety i. Successful Proposer shall execute practices and strategies to ensure the safety and security of all personnel and property. ii. The Proposer shall provide training to all personnel in applicable safety precautions and safety devices required for the provision of services. P. City’s Rights and Responsibilities i. The City may adjust the geographic locations and any other criteria for enforcement activities at its sole discretion. ii. The City, at its sole discretion, shall define the hours of enforcement. iii. Equipment and supplies paid for by City, or for which the City reimburses the successful Proposer, shall become property of City. iv. The City, at its sole discretion, reserves the right to adjust the number of parking meters and spaces at any time during the Agreement. v. The City will provide an office for successful Proposer to be utilized for the provision of services including the services of subcontractors, if applicable. The office will be located in the Old School garage. Proposer must provide the City with an accessible means to communicate and coordinate with its on-site management and supervisory staff. Q. Reimbursable Operating Expenses The City will reimburse the Proposer for all approved expenses as determined by the City. The Proposer shall submit a monthly expense report and include supporting documentation for expenses. The City will reimburse actual expenses with no surcharges. Requests for reimbursement of approved expenses must accompany each monthly invoice for services. R. Annual Budget Process By March 31st of each year, the Proposer shall submit a detailed budget in the format requested by the City outlining all anticipated expenses and revenue for the following fiscal year. For budget preparation and reporting purposes, the Proposer shall follow the City’s fiscal year, which starts October 1 and ends September 30. S. Parking System The parking management system should include the following: i. Real-time sensors for vehicle occupancy. ii. App for guidance to open parking. iii. Provides data for decision-making including real-time status and historical data. iv. Real-time web-based and mobile technology that includes a free smart phone App. City of Delray Beach RFP No. 2016-107 Page 41 Comprehensive Parking Management Services v. Real-time parking enforcement App that reports violations. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2016-107 Page 42 Comprehensive Parking Management Services SECTION 4: FORMS AND INSTRUCTIONS A. AUTHORIZATION TO BIND PROPOSER Each proposal must be signed by a Person who is legally authorized to bind the Proposer to the proposal. Each proposal shall remain valid for at least one hundred and fifty (150) days after the Due Date. The Proposal Submittal Signature Page for Proposals submitted by a corporation must be executed in the corporate name by the CEO or President; by an LLC must be executed by a Member or Manager; by an LP must be executed by a General Partner; by a Partnership must be executed by a Partner and by an Individual must be executed by the Individual. His or her title must appear under his or her signature. If someone other than these authorized individuals execute the Proposal Submittal Signature Page, Proposer must provide documentation such as the company Articles of Organization or Operating Agreement that demonstrates the legal authority of the executor to sign on behalf of Proposer. B. PROPOSAL FORMAT Each proposal shall include all the requested information. Proposals shall be organized in chapters, as indicated in Table 2. All pages are to be consecutively numbered. If a form is provided and there is insufficient space for a response on the form, the response may be continued on a blank page immediately following the form. The additional pages shall be numbered the same as the form, with the addition of the letter “a”, “b”, “c”, etc. If a form is provided and additional copies of the form are needed, the form may be copied by the Proposer. The copied pages shall be numbered the same as the form, with the addition of the letter “a”, “b”, “c”, etc. Proposal responses to this RFP must be complete and unequivocal. In instances where a response is not required or a question is not applicable to the proposal, a response such as “no response required” or “not applicable” shall be provided. Table 2 - Proposal Format Chapter 1 Letter of Intent: Briefly state the Proposer’s understanding of the services to be rendered, and make a positive commitment to perform according to the requirements noted in this RFP but should not exceed two (2) pages. Proposal Submittal Signature Page Chapter 2 Proposer’s Statement of Organization (Section 2, Item 2) Chapter 3 Minimum Qualifications (Section 2, Item 3) Chapter 4 Public Entity Form, Drug Free Workplace Form, Conflict of Interest Form Chapter 5 Acknowledgement of Addenda Form Chapter 6 Proposal Response Requirements City of Delray Beach RFP No. 2016-107 Page 43 Comprehensive Parking Management Services Chapter 7 Evidence of Insurance, Professional Licenses, and Certificates: Certificate of current insurances showing coverage, forms, limits. Submit a copy of all Licenses, Certificates, Registrations, and Permits required to perform the work that Proposer and/or its staff possess. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2016-107 Page 44 Comprehensive Parking Management Services RESPONSE CHECKLIST A responsive Proposer means a Proposer that has submitted a proposal that conforms in all material respects to the requirements in the RFP. The CPO or designee will determine whether each Proposer correctly submitted all of the necessary forms and documents. The purpose of this checklist is to assist Proposers in completing their Proposals and ensuring that all required forms and information is submitted. Do not include checklist with your Proposal submittal. Letter of Transmittal Statement of Organization Section Proposal Requirements Item 3, Qualifications Item 4A Experience Item 4B, Capacity and Approach Item 4C, Location Item 4D, Fee Proposal Letter of Intent Proposal Submittal Signature Page Proposer’s Statement of Organization Public Entity Crimes Form Drug Free Workplace Form Conflict of Interest Form Acknowledgement of Addenda Form Agrees to Comply with all Specification Requirements Evidence of Insurance, Professional Licenses, and Certificates City of Delray Beach RFP No. 2016-107 Page 45 Comprehensive Parking Management Services Form A - Proposal Submittal Signature Page By signing this Proposal, the Proposer certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Identification Number: Acknowledged by: Firm Name Signature Date Printed Name and Title By signing this document, the Proposer agrees to all terms and conditions of this RFP which includes the Sample Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF Proposer TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE Proposer TO THE TERMS OF ITS PROPOSAL. (Remainder of page intentionally left blank) City of Delray Beach RFP No. 2016-107 Page 46 Comprehensive Parking Management Services Form A - Signature Authority Indicate below Proposer’s type of organization and provide the required documentation as applicable to demonstrate that the executor of Proposer’s Proposal is duly authorized to execute on behalf of, and as the official act of, Proposer. Select Type of Organization Officer Who Signed Proposal Submittal Signature Page Required Authorizing Documentation Corporation President, Vice President, or Chief Executive Officer None Corporation Director, Manager, or other title Corporate resolution Limited Liability Company (LLC) – Member-Managed Member Articles of Organization or Operating Agreement Limited Liability Company (LLC) – Manager-Managed Manager Articles of Organization or Operating Agreement Limited Partnership General Partner Document demonstrating the legal authority to bind the Limited Partnership Partnership Partner None CEO, Director, Manager or other title Authorizing documentation Individual Individual None Documentation is not required. The required authorizing documentation is included with Proposal. City of Delray Beach RFP No. 2016-107 Page 47 Comprehensive Parking Management Services Form B - Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-Proposer, 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 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFP No. 2016-107 Page 48 Comprehensive Parking Management Services Form C - Drug-Free Workplace In the event a tie exists at the conclusion of evaluations, preference will be given to the supplier(s) who certifies it has a drug-free workplace program in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: TIE: Whenever two or more proposals are equal with respect to scoring for the evaluation criteria (e.g., price, experience, quality, service) are received for the procurement of commodities or contractual services, a proposal received from a supplier that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing a tie will be followed if none of the tied suppliers have submitted this Form C and/or have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFP No. 2016-107 Page 49 Comprehensive Parking Management Services Form D - Conflict of Interest Disclosure The award of the agreement is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal, the name of any officer, director, or agent who is also an employee or relative of an employee of the City of Delray Beach. Furthermore, all Proposers must disclose the name of any City employee or relative(s) of a City employee who owns, directly or indirectly, an interest in the Proposers firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this contract. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this RFP. Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFP No. 2016-107 Page 50 Comprehensive Parking Management Services Form E - Acknowledgment of Addenda The Proposer hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP. It is the sole responsibility of the Proposer to ensure that all addenda have been received and receipt of each has been acknowledged. Failure to submit acknowledgement of each addendum issued may result in the Proposer being deemed non-responsive. ADDENDA NUMBER ADDENDA DATE Signature of Proposer’s Agent Title Printed Name Date Appendix A RFP No. 2016-107 1 | Page Comprehensive Parking Management Services AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND ____________________ FOR ____________________________________________ This is an Agreement ("Agreement"), made and entered into by and between: Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as "City," and ________________________________, a Florida corporation, hereinafter referred to as "Second Party," (collectively referred to as the "Parties"). WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 9, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Annual Management Fee - The annual fee paid by the City to the Second Party for the management and operation of the Parking System in accordance with the terms and conditions of this Agreement. 1.3 City Manager - The administrative head of City appointed by the Board. 1.4 City Attorney - The chief legal counsel for City appointed by the Board. Appendix A RFP No. 2016-107 2 | Page Comprehensive Parking Management Services 1.5 Commission - The City Commission of Delray Beach, Florida. 1.6 Contract Administrator - The Delray Beach City Manager or the Director of the Delray Beach __________ Division. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Second Party and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.6 Citation Management - A comprehensive citation system provided by the Second Party, a third party under contract to Second Party or City that includes handheld ticket writers, software and hardware that process all parking citations. 1.7 Equipment/Furnishings –The equipment and furnishings used by the Second Party in the operation of the Parking System. The Equipment/Furnishings owned by the City and to be used by the Second Party are identified in Exhibit D, Equipment, attached hereto. 1.6 Project - The Project consists of the services described in Exhibit A, Scope of Services. 1.8 Parking Fund Budget - The annual fiscal year Parking Fund budget adopted by the City. 1.9 Operating Budget - The budget for the Parking System operation as described herein. 1.10 Operating Expenses - All City approved budgeted expense(s) that are incurred by the Second Party in the operation of the Parking System, as well as other expenses not provided for in the Operating Budget, but which are specifically approved, in writing, by the City’s Contract Administrator. Operating Expenses are separate from, and in addition to, the Management Fee. Operating Expenses shall include all costs, charges and expenses that are directly and solely attributable to this Agreement or that are properly apportioned between Second Party’s work under this Agreement and Second Party’s other business activities and are set forth in the approved Operating Budget; all without any mark-up or added overhead expense by Second Party. Operating Expenses may include, but are not limited to, the following: Appendix A RFP No. 2016-107 3 | Page Comprehensive Parking Management Services A. Bookkeeping and administrative services; B. Compliance with governmental laws and regulations; C. Computerized accounts receivable service; D. Payroll data processing; E. Employee recruitment, training and ongoing employee relations; F. License and permit fees; G. Maintenance and repairs; H. Paper and reporting forms; I. Postage and freight; tickets, J. Charges for insurance required under this Agreement as set forth in the Operating Budget and deductibles as set forth in Section 9 below. K. Salaries and wages and associated payroll burden (including, without limitation, payroll taxes and fringe benefits); L. Telephone; M. Tools, uniforms, and supplies; and, N. Utility charges. 1.11 Parking Revenues - All parking related charges and fees collected by Second Party or City. Parking Revenues includes sales taxes collected from patrons of the Parking System. 1.12 Parking System - Collectively includes the various parking facilities, infrastructure, and technology as described in this Agreement. ARTICLE 2 SCOPE OF SERVICES 2.1 Second Party shall perform all work identified in this Agreement and Exhibit A. The Scope of Services is a description of Second Party’s obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Second Party impractical, illogical, or unconscionable. Second Party shall provide all personnel, materials and services necessary to manage and operate the City’s Parking System. Services will include, but not be limited, to deployment of an integrated parking management software solution that is accessible via smart-phone technology, parking revenue collection, parking enforcement, parking citation management, complaint resolution, coordination on parking matters with downtown businesses, parking meter maintenance, management of two parking garage facilities, management of valet Appendix A RFP No. 2016-107 4 | Page Comprehensive Parking Management Services parking services, and providing data, analysis and recommendations to the City regarding enhancements related to parking and mobility in the downtown area such as managing parking for events and residential parking. The over-riding strategy for Second Party is to balance the parking needs of the community with the competing interests of businesses, restaurants, visitors and residents in the downtown area. Sound parking management will be critical going forward to ensure the safety and economic vitality of the City 2.2 Second Party acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 This contract is in full force and effect upon full contract execution by the City of Delray Beach. The term of this Agreement shall be for four years commencing on _________________ (Commencement Date) and continue through ______________ with the option to renew for one, two-year period. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.2 Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities required by this Agreement. 3.3 In the event services are scheduled to end due to the expiration of this Agreement, the Second Party agrees that it shall continue service upon the request of the Contract Administrator. The extension period shall not extend for greater than six months beyond the term of this Agreement. The Second Party shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement as amended. The Chief Purchasing Officer shall notify Second Party of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. ARTICLE 4 COMPENSATION, BUDGET AND EXPENSES 4.1 Second Party shall prepare and deliver to City a proposed Operating Budget according to the City budget schedule reflecting the estimated Parking Revenues and Operating Expenses that Second Party expects the Parking System to receive and incur, respectively, during forthcoming fiscal year. The Parking Fund Budget for the fiscal year is approved each September by the City Commission. Upon approval, the City shall notify Second Party of its approved Operating Budget. Appendix A RFP No. 2016-107 5 | Page Comprehensive Parking Management Services 4.2 If at any time during the fiscal year covered by an approved Operating Budget the actual total of all Operating Expenses likely to be incurred will exceed the Operating Budget’s total appropriation, Second Party shall promptly so advise City, and City shall take appropriate actions, which may include an increase in the Operating Budget or decrease in selective Operating Expenses or a combination of these actions, at the City’s discretion. 4.3 As compensation for Second Party’s services, City shall pay Second Party an Annual Management Fee of __________ dollars ($__________), payable in monthly installments of $____________ per month. These monthly installments shall be invoiced with the monthly request for reimbursement of expenses. On each anniversary of the Commencement Date, the Annual Management Fee shall automatically increase by $_________ and shall be effective for the twelve months thereafter. 4.4 At the sole discretion of the City, Parking Revenues will be paid by check or deposited directly into the designated City bank account. Second Party shall establish an Operating Fund for the advance payment expenses, which shall act as an operating expense fund to be held by Second Party until expiration or earlier termination of this Agreement. 4.5 To the extent possible and allowable by law, the City may, in its sole discretion, purchase and pay Suppliers directly for expenses incurred under this Agreement. 4.6 Operating Expenses shall be paid monthly in arrears, by invoice, which shall be submitted by Second Party to City by the fifteenth day of each calendar month for the preceding month. Each invoice shall contain a breakdown of Operating Expenses for the preceding month and supporting documentation. 4.7 Unless specifically agreed to in writing by City, Operating Expenses relating to the Second Party’s salary, bookkeeping and administrative expenses and computerized accounts receivable charges shall not exceed the amount in the adopted Operating Budget. 4.8 If City disputes any Operating Expense, City shall give Second Party written notice specifying the item disputed and the reason and may withhold payment for such Operating Expense until the matter is resolved. Payment for any Operating Expense that is not disputed shall not be withheld. The parties shall, in good faith, diligently pursue resolution of any disputed item within thirty (30) days of said written notice. 4.9 Notwithstanding any provision of this Agreement to the contrary, the City Manager may withhold, in whole or in part, payment to the extent necessary to protect City from loss on account of inadequate or defective work of Second Party that has not been remedied or resolved in a manner satisfactory to City Manager after Second Party’s receipt of written notice from City and Second Appendix A RFP No. 2016-107 6 | Page Comprehensive Parking Management Services Party’s failure to cure the work within 30 days of the written notice. The amount withheld shall not be subject to payment of interest by City. 4.10 Payment to Second Party shall be made by check or Electronic Funds Transfer as determined by the City at: ____________________ ____________________ ____________________ ____________________ 4.13 Second Party may, with City prior written approval, purchase and install equipment or improvements for the benefit of the Parking System. Title to such equipment and improvements so purchased and installed by Second Party shall vest in City upon installation, subject to reimbursement if purchased by Second Party. In such event, the total cost thereof (including delivery and installation costs) shall be reimbursed to Second Party as provided herein. Second Party agrees that it will not make or construct any improvements, additions or alterations to the Parking System without the prior written consent of City, including for all purchase, installation and all related costs. 4.14 City will pay Second Party, in the manner specified in Section 4.3, the Management Fee for work actually performed and completed pursuant to this Agreement and for all reimbursables provided for in Section 4.2, which amounts shall be accepted by Second Party as full compensation for all such work and expenses. Second Party acknowledges that this amount is the maximum payable and constitutes a limitation upon City’s obligation to compensate Second Party for its services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Second Party’s obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.15 REIMBURSABLES 4.15.1 In accordance with and pursuant to the City’s procurement code and subject to the limitations set forth below, reasonable expenses, which are directly attributable to the Project may be charged at no more than actual cost. The maximum sum which may be charged for expenses shall not exceed _____________________________ Dollars ($________), and shall be limited to the following: 4.15.2 A detailed statement of expenses must accompany any request for reimbursement. Expenses other than auto travel must be documented by copies of paid receipts, checks, or other evidence of payment. 4.15.3 Second Party acknowledges that the dollar limitation set forth in Section 4.15.1 is a limitation upon, and describes the maximum extent of, City’s obligation to reimburse Second Party for expenses, but does not Appendix A RFP No. 2016-107 7 | Page Comprehensive Parking Management Services constitute a limitation, of any sort, upon Second Party’s obligation to incur such expenses or perform the services identified in thi Agreement. 4.16 PAYMENTS TO SUBCONTRACTORS Second Party shall pay its subcontractors and suppliers within thirty (30) days following receipt of payment from City for such subcontracted work or supplies. If Second Party withholds an amount from subcontractors or suppliers as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from City. ARTICLE 5 INDEMNIFICATION Second Party shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Second Party, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Second Party shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Second Party under this Agreement may be retained by City until all of City’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. ARTICLE 6 INSURANCE 6.1 Second Party shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit "C" in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. Second Party shall name City as an Appendix A RFP No. 2016-107 8 | Page Comprehensive Parking Management Services additional insured under the primary and non-contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is City of Delray Beach, Florida. This official title shall be used in all insurance documentation. 6.3 Within ten calendar days of notification of award, Second Party shall provide to City proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the City determines all performance required of Second Party is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit "C." City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. 6.5 If Second Party uses a subconsultant or subcontractor, Second Party shall ensure that each subconsultant or subcontractor names "City of Delray Beach, Florida" as an additional insured under the subconsultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. Appendix A RFP No. 2016-107 9 | Page Comprehensive Parking Management Services 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Second Party’s repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Second Party is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Second Party provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the “NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience, Second Party shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Second Party acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Second Party, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Second Party shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Second Party to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Second Party shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply Appendix A RFP No. 2016-107 10 | Page Comprehensive Parking Management Services with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. Second Party shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Second Party shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Second Party shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Second Party represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Second Party all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Second Party grants to City a non- exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Second Party, whether finished or unfinished, shall become the property of City and shall be delivered by Second Party to the Contract Administrator within eight (8) days of termination of this Agreement by either party. Any compensation due to Second Party shall be withheld until all documents are received as provided herein. 9.2 PUBLIC RECORDS 9.2.1 IF THE SECOND PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SECOND PARTY’S DUTY TO PROVIDE PUBLIC RECORDS Appendix A RFP No. 2016-107 11 | Page Comprehensive Parking Management Services RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK MAY BE REACH BY PHONE AT 561-243-7050 OR VIA EMAIL AT PUBLICRECORDSREQUEST@MYDELRAYBEACH.COM. 9.2.2 Second Party shall comply with public records laws, specifically to: i. Keep and maintain public records required by the City to perform the service. ii. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Second Party does not transfer the records to the City. iv. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Second Party or keep and maintain public records required by the City to perform the service. If the Second Party transfers all public records to the City upon completion of the Agreement, the Second Party shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Second Party keeps and maintains public records upon completion of the Agreement, the Second Party shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. v. If the Second Party does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.3 INSPECTOR GENERAL. Second Party is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony Appendix A RFP No. 2016-107 12 | Page Comprehensive Parking Management Services from Second Party and its sub licensees and lower tier sub licensees. Second Party understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Second Party or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Second Party and its subcontractors that are related to this Project. Second Party and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Second Party and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Second Party and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Second Party shall ensure that the requirements of this Section 9.3 are included in all agreements with its subcontractor(s). 9.5 TRUTH-IN-NEGOTIATION REPRESENTATION Second Party's compensation under this Agreement is based upon representations supplied to City by Second Party, and Second Party certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Second Party represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially Appendix A RFP No. 2016-107 13 | Page Comprehensive Parking Management Services provides that a person or affiliate who is a contractor, consultant, or other provider and 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 City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Second Party further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a “public entity crime” and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Second Party has been placed on the convicted vendor list. 9.7 INDEPENDENT CONTRACTOR Second Party is an independent contractor under this Agreement. Services provided by Second Party pursuant to this Agreement shall be subject to the supervision of Second Party. In providing such services, neither Second Party nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Second Party or Second Party’s agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Second Party nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set Appendix A RFP No. 2016-107 14 | Page Comprehensive Parking Management Services forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City Manager City Hall 100 N.W. 1st Avenue Delray Beach, Florida 33444 For Second Party: ________________________ ________________________ ________________________ 9.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Second Party shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Second Party of this Agreement or any right or interest herein without City's written consent. Second Party represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Second Party shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Second Party's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 9.11 CONFLICTS Neither Second Party nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Second Party’s loyal and conscientious exercise of judgment and care related to its performance under this Agreement. Appendix A RFP No. 2016-107 15 | Page Comprehensive Parking Management Services None of Second Party’s officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Second Party is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Second Party or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Second Party is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Second Party shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Second Party. 9.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Second Party shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Second Party elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. Appendix A RFP No. 2016-107 16 | Page Comprehensive Parking Management Services 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 9.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 9.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 9.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, SECOND PARTY AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION Appendix A RFP No. 2016-107 17 | Page Comprehensive Parking Management Services RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Second Party or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 PAYABLE INTEREST 9.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Second Party waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 9.21.2 Rate of Interest. In any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). Appendix A RFP No. 2016-107 18 | Page Comprehensive Parking Management Services 9.22 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. All Exhibits are incorporated into and made a part of this Agreement. 9.23 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 9.25 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. 9.26 CONDITIONS OF USE 9.26.1 City warrants and represents that, on the Commencement Date and throughout the term of this Agreement, the Parking System is and shall, at City’s expense, be kept in good condition and repair for use as parking facilities and shall be maintained to comply with all laws, regulations, ordinances and codes now in effect or which become effective during the term hereof including, without limitation. 9.26.2 City and Second Party shall cooperate in the planning and development of the Parking System and to modification of any area that has the effect of changing the number of public parking spaces. During construction, additions or alterations to the Parking System, Second Party shall assist in minimizing or limiting the interference with vehicle and/or patron access to the affected area. 9.27 CONFLICTS OF INTEREST Second Party and its employees shall not have or hold any employment or contractual relationship that is antagonistic or incompatible with Second Party’s obligations related to its performance under this Agreement. OPERATOR agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process. Further, Second Party agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with Appendix A RFP No. 2016-107 19 | Page Comprehensive Parking Management Services any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude the City or any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event OPERATOR is permitted to utilize subcontractors to perform any services required by this Agreement, Second Party agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. Second Party agrees that no officer or employee of the City, during his or her term of employment or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 9.28 TRUTH IN NEGOTIATION By execution of this agreement, second Party affirms that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. 9.29 INTELLECTUAL PROPERTY Second Party hereby grants to City, during the term of this Agreement only, a non-assignable, non-exclusive right and license to use Second Party’s intellectual property, including but not limited to its trade names, trademarks and any and all on-site parking amenities programs (the Intellectual Property), to the extent related to Operator’s administration, management and operation of the Parking System. Upon termination of this Agreement for any reason, City shall have the right, at its sole cost and expense, to remove the Intellectual Property from the Parking System, and City shall refrain from all further use of the Intellectual Property. ARTICLE 10 ORDER OF PRECEDENCE The documents listed below are a part of this Agreement and are hereby incorporated by reference. In the event of inconsistency between the documents, unless otherwise provided herein, the terms of the following documents will govern in the following order of precedence: A. Terms and conditions as contained in this Agreement; B. RFP No. 2016-107, Comprehensive Parking Management Services, dated August 18, 2016, and all its addenda; C. Second Party’s response to RFP No. 2016-107, and any subsequent information submitted by Second Party during the evaluation and negotiation process. Appendix A RFP No. 2016-107 20 | Page Comprehensive Parking Management Services IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the _____ day of _________________, 20__, and Second Party, signing by and through its _________________________, duly authorized to execute same. ATTEST: CITY OF DELRAY BEACH, FLORIDA _______________________________ City Clerk By____________________________ Cary D. Glickstein, Mayor ____ day of ______________, 20___. APPROVED AS TO FORM: _______________________________ Janice Rustin, Interim City Attorney Appendix A RFP No. 2016-107 21 | Page Comprehensive Parking Management Services AGREEMENT BETWEEN DELRAY BEACH, FLORIDA AND ________________________________________________ SECOND PARTY By______________________________ WITNESS: (Sign name) ______________________________ ____________________________ (Print name, Title) (Sign name) ____ day of ______________, 20___ ____________________________ (Print name) WITNESS: ____________________________ (Sign name) ____________________________ (Print name) (SEAL) Appendix A RFP No. 2016-107 22 | Page Comprehensive Parking Management Services EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution] Appendix A RFP No. 2016-107 23 | Page Comprehensive Parking Management Services EXHIBIT B CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS RFP/RLI/Bid/Contract No. _______________ Project Title ______________________ ________________________________ The undersigned CONTRACTOR hereby swears under penalty of perjury that: 1. CONTRACTOR has paid all subcontractors and suppliers all undisputed contract obligations for labor, services, or materials provided on this project in accordance with Section 4.2.3 of the Agreement, except as provided in paragraph 2 below. 2. The following subcontractors and suppliers have not been paid because of disputed contractual obligations; a copy of the notification sent to each, explaining in reasonably specific detail the good cause why payment has not been made, is attached to this form: Subcontractor or Supplier's name Date of disputed Amount in and address invoice dispute 3. The undersigned is authorized to execute this Certification on behalf of CONTRACTOR. Dated _____________, 20___ _________________________________ Contractor By_______________________________ (Signature) By________________________________ (Name and Title) Appendix A RFP No. 2016-107 24 | Page Comprehensive Parking Management Services CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS (Continued) STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this ________ day of __________________, 20__, by ______________________________________ who is personally known to me or who has produced ______________________ as identification and who did/did not take an oath. WITNESS my hand and official seal, this ______ day of ___________, 20__. (NOTARY SEAL) ________________________________ (Signature of person taking acknowledgment) ________________________________ (Name of officer taking acknowledgment) typed, printed, or stamped ________________________________ (Title or rank) ________________________________ My commission expires: (Serial number, if any) Appendix A RFP No. 2016-107 25 | Page Comprehensive Parking Management Services EXHIBIT C INSURANCE REQUIREMENTS Second Party shall supply proof of insurance, detailing terms and provisions of coverage. Coverage must be received by the Purchasing Department and approved by the City Risk Manager within 10 days of final execution of the Agreement. Second Party shall carry the following minimum types of insurance: A. Workers’ Compensation Insurance: with the statutory limits. B. Employers’ Liability insurance with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C. Comprehensive General Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The Comprehensive General Liability insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and Contractual Exclusions removed. D. Automobile Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence. E. Commercial Crime Liability: with limits of not less than one million ($1,000,000) dollars per occurrence. F. Garage Keeper Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A- or better. All insurance policies shall name the City of Delray Beach as an additional insured. The Second Party agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Purchasing Department located at 100 N.W. 1st Ave., Delray Beach, FL 33444. Appendix A RFP No. 2016-107 26 | Page Comprehensive Parking Management Services EXHIBIT D EQUIPMENT <To be inserted prior to final execution> Addendum No. 1 RFP No.2016-107 Comprehensive Parking Management Services Page 1 of 2 CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FL 33444 Solicitation Addendum Addendum No.: 1 Solicitation No.: 2016-107 Solicitation Title: Comprehensive Parking Management Services Addendum Date: August 24, 2016 Purchasing Contact: Ryan Linghom, lingholmr@mydelraybeach.com THE FOLLOWING ITEMS ARE MADE AND HEREBY BECOME A PART OF THIS SOLICITATION: Change to: INSTRUCTIONS TO BIDDERS, ITEM 14 RFP SCHEDULE, TABLE 1 ACTIVITY DATE Issue RFP August 19, 2016 Non-Mandatory Pre-proposal Conference Location: City Hall Conference Room August 30, 2016, 3:00 p.m. Deadline for Delivery of Questions September 9, 2016 Due Date and Time (for delivery of Proposals) September 28, 2016 by 2:00 p.m. Institute Cone of Silence September 28, 2016 at 2:00 p.m. Phase 1 Evaluation (Responsive and Responsible) October 5, 2016 Selection Committee Meeting – Technical Evaluations Location: City Hall Conference Room October 18, 2016, 1:00 p.m. Selection Committee Meeting – Interviews (if conducted) Location: Environmental Services Training Room October 25, 2016, 8:30 a.m. Selection Committee Meeting - Final Evaluations Location: City Hall Conference Room October 27, 2016, 9:00 a.m. NOTE: Items that are struck through are deleted. Items that are underlined have been added. All other terms and conditions remain as stated in the RFP. Addendum No. 1 RFP No.2016-107 Comprehensive Parking Management Services Page 2 of 2 End of Addendum INSTRUCTIONS: Receipt of this addendum must be acknowledged as instructed in the solicitation document. Failure to acknowledge receipt of this Addendum may result in the disqualification of Respondent’s response. Addendum No. 2 RFP No.2016-107 Comprehensive Parking Management Services Page 1 of 3 CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FL 33444 Solicitation Addendum Addendum No.: 2 Solicitation No.: 2016-107 Solicitation Title: Comprehensive Parking Management Services Addendum Date: August 29, 2016 Purchasing Contact: Ryan Linghom, lingholmr@mydelraybeach.com THE FOLLOWING ITEMS ARE MADE AND HEREBY BECOME A PART OF THIS SOLICITATION: Add: DELRAY BEACH PARKING MANAGEMENT PLAN (APPENDIX B) Add the attached Appendix B, Delray Beach Parking Management Plan. Change to: SECTION 2, ITEM 1 HISTORY AND BACKGROUND HISTORY AND BACKGROUND Parking Facility Services is a division within the Department of Environmental Services. This division will be responsible for the management of the contract for the comprehensive parking management services. Parking Facility Services inventory for the parking spaces includes two (2) garages, nineteen (19) off -street surface lots, and approximately 1053 on-street parking spaces within the City’s Beach Area, Central Core and West Atlantic Neighborhood. There is approximately 2,300 parking spaces within the city limits. A comprehensive inventory of the City’s parking spaces and facilities is identified in the Delray Beach Parking Management Plan (Appendix A Appendix B). [Remainder of page intentionally left blank] Addendum No. 2 RFP No.2016-107 Comprehensive Parking Management Services Page 2 of 3 Change to: SECTION 3, ITEM B BACKGROUND Background Delray Beach is a first-class beach resort destination with a diverse, vibrant community located in Palm Beach County, Florida. Atlantic Avenue, which hosts Downtown Delray, is a popular destination for locals and visitors alike, filled with art galleries, upscale shops and fine restaurants. The Delray Beach is also known for its many family-friendly festivals and special events. The demand for parking comes from visitors, patrons of the restaurants and businesses, and local residents who come downtown to enjoy the beach, night - life and events. The heaviest demand is during the winter season from November through April and throughout the year on weekends near the beach. Valet parking is provided by a third party contractor in several locations and currently there are a number of unmetered parking spaces in the downtown area. Downtown parking includes a variety of parking options including off -street parking facilities, on-street parking, and parking garages totaling approximately 2,300 parking spaces (See Exhibit A Appendix B, Delray Beach Parking Management Plan). The City will be awarding a contract in the near future for the purchase, installation and on-going service of new multi-space smart technology parking meters. It is expected that installation of the smart multi -space parking meters with the capability to use smart phone technology will be completed in a phased process commencing east of the Atlantic Intracoastal Waterway and extending throughout the City. The City Chief Parking Officer will oversee and direct the City’s parking activities. Additionally, the City has a Parking Advisory Board that advises the City with respect to parking management policy and related issues. The Board is made up of eleven members and meets on a monthly basis. Delete: SECTION 2, ITEM 4.D FEE PROPOSAL NOTE: The Parking Fund Fiscal Year 2015 Budget (10-1-14 to 9-30-15) is included in Appendix B. Other financial reports for past years are available on request. Addendum No. 2 RFP No.2016-107 Comprehensive Parking Management Services Page 3 of 3 NOTE: Items that are struck through are deleted. Items that are underlined have been added. All other terms and conditions remain as stated in the RFP. End of Addendum INSTRUCTIONS: Receipt of this addendum must be acknowledged as instructed in the solicitation document. Failure to acknowledge receipt of this Addendum may result in the disqualification of Respondent’s response. i |Page ACKNOWLEDGEMENTS CITY OF DELRAY BEACH CITY COMMISSION Mayor Nelson McDuffie Vice Mayor Gary Eliopoulos Commissioner Fred Fetzer Commissioner Adam Frankel Commissioner Angeleta Gray DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Howard Lewis, Chair Thomas Carney, Jr., Vice Chair Peter Arts, First Vice Chair William Branning, Treasurer Veronica Covington, CRA Member Herman Stevens, CRA Member Cathy Balestriere, CRA Member Diane Colonna, Executive Director Francisco Perez-Azua, Economic Development Director PROJECT REVIEW COMMITTEE Scott Aronson, Parking Management Specialist, City of Delray Beach Randal Krejcarek, P.E., LEED AP, Engineer, City of Delray Beach Dianne Colonna, Executive Director, CRA Francisco Perez-Azua, Economic Development Director, CRA Ron Hoggard, Jr., AICP, Principal Planner, City of Delray Beach Marjorie Ferrer, Executive Director, DDA BOARDS AND COMMITTEES Parking Management Advisory Board Downtown Development Authority KIMLEY-HORN AND ASSOCIATES, INC. Poorna Bhattacharya, AICP, LEED APR, Project Manager Chris Heggen, P.E., Traffic Engineer Dennis Burns, CAPP, Parking Specialist Chuck Reedstrom, CAPP, Parking Specialist Tim Stillings, AICP, LEED APR, Senior Planner Greg Kyle, AICP, Transit Planner Mark Ledford, AICP, Planner Peter Hofheinz, Planner Adam Burghdoff, EIT, Traffic Analyst James Maglothin, P.E., PMP, Parking Specialist APPENDIX B 1 |Page TABLE OF CONTENTS CHAPTER 1 – INTRODUCTION ................................................................................................1 CHAPTER 2 – EXISTING PARKING SUPPLY ...............................................................................4 CHAPTER 3 – EXISTING PARKING UTILIZATION ..................................................................... 12 CHAPTER 4 – NEED TO MANAGE PARKING........................................................................... 23 CHAPTER 5 – DELRAY BEACH PARKING CODE REVIEW ......................................................... 25 CHAPTER 6 – WALKABILITY ANALYSIS .................................................................................. 34 CHAPTER 7 – TRANSPORTATION DEMAND MANAGEMENT ................................................. 48 CHAPTER 8 – DOWNTOWN SHUTTLE REVIEW ...................................................................... 55 CHAPTER 9 – OPERATING POLICIES AND PROCEDURES REVIEW .......................................... 62 CHAPTER 10 – REVENUE CONTROL EQUIPMENT .................................................................. 67 CHAPTER 11 – PUBLIC PARKING FEE .................................................................................... 71 CHAPTER 12 – PAYMENT IN LIEU PROGRAM ........................................................................ 82 CHAPTER 13 – INNOVATIVE PARKING PRACTICES ................................................................ 85 CHAPTER 14 – PARKING ORGANIZATIONAL MODELS ........................................................... 90 CHAPTER 15 – COMPREHENSIVE PARKING MANAGEMENT PLAN ........................................ 94 ATTACHMENTS (provided as accompanying documents) A.Parking Inventory B.Parking Utilization Spreadsheets C.Bus Rider Surveys D.Parking Best Practices A-Z E.Parking Survey of Other Municipalities APPENDIX B 2 |Page CHAPTER 1 – INTRODUCTION The City of Delray Beach is located in southeastern Palm Beach County, Florida, along the Atlantic Ocean. The City comprises approximately 16 square miles with a permanent population of approximately 65,000. The City of Delray Beach is bordered by the City of Boynton Beach to the north and the City of Boca Raton to the south. The City’s proximity to Interstate 95, US 1, and the ocean makes it a very attractive location for residents, businesses and visitors alike. Over the last 15 years, the City has aggressively pursued strategic redevelopment and renewal initiatives within the Community Redevelopment Area. The Delray Beach Community Redevelopment Agency (CRA) was established in 1985 to guide the City’s redevelopment efforts. The mission of the CRA is to provide the necessary framework to revitalize the physical and business environment of the Community Redevelopment Area (Figure 1-1). The CRA's activities are designed to address the underlying problems of slum and blight conditions through planning, redevelopment, historic preservation, economic development and affordable housing provisions. The first CRA Redevelopment Plan was adopted in 1986. The most current version of the CRA Redevelopment Plan was adopted in November 2008. The CRA was also established as a Tax Increment Financing (TIF) District. The main goal of the CRA and the TIF District is to establish a framework to reverse the process of blight and to promote redevelopment and revitalization. The Redevelopment Plan divides the Community Redevelopment Area into eight special character districts, each distinguished by their own unique location and design criteria: ƒBeach Area ƒCentral Core ƒWest Atlantic Neighborhood ƒNorthwest Neighborhood ƒNorth Federal Highway ƒNortheast (Seacrest/Del Ida) Neighborhoods ƒOsceola Park ƒSouthwest Neighborhood Figure 1-1 – Delray Beach Community Redevelopment Area APPENDIX B 3 |Page In 2002, the CRA also adopted a Downtown Master Plan through a collaborative public participation process to guide redevelopment and future growth within the downtown area. The Downtown Master Plan provides the vision and unique development strategy for the West Atlantic, the Core and the Beach Districts. Since its establishment the CRA has adopted several redevelopment plans for the character districts within the Community Redevelopment Area including: ƒSouthwest Area Neighborhood Plan ƒNorth Federal Highway Redevelopment Plan ƒWest Atlantic Avenue Redevelopment Plan ƒSeacrest/Del Ida Neighborhood Improvement Plan ƒOsceola Park Redevelopment & Neighborhood Improvement Plan As a result of the City’s targeted redevelopment efforts and the cooperation of the business community, Downtown Delray Beach is now one of the major destinations for residents and visitors of southern Palm Beach County as well as a magnet for business owners eager to benefit from the downtown’s vibrant retail district. The surrounding residential neighborhoods have also benefitted from an improved quality of life that has been the result of consistent and meaningful redevelopment. The continuous growth and redevelopment over the past decade has created an increased demand for parking facilities and triggered the need to update the City’s parking operations in the Community Redevelopment Area. The City’s ability to provide sufficient parking and effectively manage this asset will be a key factor in maintaining community vibrancy, fostering economic development, and meeting the goals and objectives stated within the City’s Comprehensive Plan, Downtown Master Plan, Transportation Concurrency Exception Area, and Community Redevelopment Plan. The City and the CRA have built several public parking facilities for the residents, business owners, employees, and shoppers within the downtown area. In addition to the on-street parking facilities throughout downtown, the City has also built several off-street parking lots and garages to serve the additional parking needs of downtown patrons. In 2004, a 355-space parking garage was constructed with County, City, and CRA funds to serve the courthouse and library. The Library/Courthouse garage is used by the City for public parking during special events. In 2008, two City parking garages were completed. The Robert Federspiel Parking Garage and Old School Square Garage provide more than 700 spaces to the downtown area. Study Goals The City and the CRA realize that the adequacy and availability of parking are critical components of redevelopment. Finding parking is typically the first activity people engage upon reaching a destination. The lack of adequate parking to support patrons can result in loss of economic activity. Conversely, an oversupply of parking consumes valuable land that would otherwise contribute to economic activity. Hence, providing the optimal amount of parking which efficiently utilizes the available resources is one of the keys to a vital urban community. The parking facilities and the operations should also be easy to find, convenient and safe. The City and the CRA have embarked on this parking study to evaluate the existing parking supply and operations within the downtown study area as well as identify strategies to efficiently manage and to offset the City/CRA’s expenditures for parking. The Delray Beach Parking Management Plan is intended to achieve the following objectives: ƒInventory public parking facilities within the study area ƒConduct parking observations to determine how well the parking facilities are utilized and whether the facilities are used for short- term or long-term parking ƒObserve shuttle ridership and evaluate operations of the City’s shuttle to determine how well the service is being utilized ƒReview the City’s Land Development Code to evaluate the allowable mix of land uses within the study area and prepare a preliminary assessment of the ease or difficulty of developing mixed use and office projects. ƒEvaluate the pedestrian environment within the study area and develop recommendations to enhance walkability and reduce greenhouse gas emissions ƒEvaluate the effectiveness of the City’s current payment-in-lieu and public parking fee programs and provide recommendations to increase effectiveness ƒIdentify innovative strategies and best practices for management including parking technology for implementation within the City ƒEvaluate the financial performance of the parking facilities in the study area and develop a financial strategy to enhance its performance ƒIdentify applicable Transportation Demand Management strategies for implementation within the study area ƒSummarize the findings and results in a Parking Management Plan (the “Plan”) The Plan will identify specific recommendations for improving efficiency of the parking system within the study area so that the available parking supply is used to its maximum before new parking facilities are constructed. The study will also identify financial recommendations that will enable the parking program to be a self sustaining unit where the revenues and expenses related to parking are balanced. Study Area The study area is loosely defined as the area bound by NE 4th Street/Lake Ida Road to the north, SE 4th Street to the south, the Atlantic Ocean to the east and Interstate 95 to the west. However, the main focus of the study area is the central core area including a few blocks on both sides of Atlantic Avenue and the parking facilities within the study area. The study area consists of the West Atlantic Neighborhood, the Central Core and the Beach Area and is illustrated in Figure 1-2. APPENDIX B 4 |Page Figure 1-2 – Study Area Boundary APPENDIX B 5 |Page Anchor Lot (P2) Ingraham Lot (P3) CHAPTER 2 – EXISTING PARKING SUPPLY Parking Inventory The public parking facilities in the study area was undertaken to understand the availability of parking within the study area. There are a total of 21 off-street parking facilities within the study area consisting of surface parking lots and public garages. In addition, on-street parking is located along several streets within the study area. The parking inventory within the study area is illustrated in Figure 2-1 (on page 9). Off-Street Parking Facilities The study area contains three districts as identified by the Delray Beach CRA Redevelopment Plan – the Beach Area, the Central Core and the West Atlantic Neighborhood. The off-street parking spaces located within each of the three zones are provided in Tables 2-1, 2-2, and 2-3, respectively. The Beach Area The Beach District consists of condominiums, resort hotels, and businesses that are generally focused towards tourist activity and the beach. The commercial area along Atlantic Avenue is characterized by restaurants, specialty stores, and hotels that are catered towards visitors and tourists. Along A1A, uses include the Marriott Hotel, restaurants, condominiums, shops and small motels. The remainder of the area consists of offices, apartments, and parks. Table 2-1 – Beach Area Off-street Public Parking Facilities FACILITY NAME HOURS TIME LIMIT SPACES P1 – Atlantic Dunes Park 8 a.m. - Dusk None 121 P2 – Anchor Lot 8 a.m. - Dusk None 82 P3 – Ingraham Lot 8 a.m. - 8 p.m.2 hr 35 P4 – Sandoway Lot 8 a.m. - 8 p.m.None 136 P5 – Marriott/Orange Grove Lot 8 a.m. – 10 p.m.None 30 P6 – Gleason Street Lot None indicated None 39 TOTAL OFF-STREET PUBLIC PARKING SPACES 443 The Beach District consists of six surface parking lots. The City charges a parking fee of $1.25 per hour at these facilities. The lots are equipped with multi-space pay meters. Most of the beach parking lots along A1A, with the exception of Marriott/Orange Grove Lot are located within public parks and are limited by park hours. These facilities are gated and are open only during park hours. Hence parking lots P1 through P4 are generally used by park visitors and beach users. The Marriott/Orange Grove Lot (P5) and the Gleason Street Lot (P6) are generally preferred by business patrons due to the proximity to the commercial areas along Atlantic Avenue and since these facilities are open later at night. The Marriott/Orange Grove Lot (P5) is open until 10 p.m. and the Gleason Lot (P6) is open until 10 p.m. All the parking lots in the Beach Area are marked by signs indicating names of the facility, hours of the operation and the parking fee except the Gleason Lot (P6). All the parking facilities have direct access to SR A1A with the exception of Gleason Street Lot (P6). The Gleason Lot is being leased from the First Presbyterian Church for public use. The Beach District has a total of 443 off-street public parking spaces. Marriott/Orange Grove Lot (P5) APPENDIX B 6 |Page Railroad Parking Lot (P11)Robert Federspiel Garage (P15) on NE 1st Avenue The Central Core The Central Core consists of the City’s Central Business District (CBD) and adjacent residential areas. The Central Core is primarily commercial in nature with a few residential and industrial uses. The retail core is centered on Atlantic Avenue and Pineapple Grove Way and consists of restaurants, specialty stores and tourism oriented offices. There is also a significant amount of urban infill housing within the Central Core consisting of apartments, townhomes, and condominiums. The FEC Railway corridor runs north-south through the Central Core and consists of commercial and industrial uses along the corridor. The City and the CRA have focused significant redevelopment efforts within the district including beautification of Atlantic Avenue with landscaping, public art, hard cape elements, paved sidewalks and other pedestrian amenities. These redevelopment efforts have spurred private investment within the district resulting in new businesses, mixed use and residential projects. The Central Core consists of eight surface parking lots and two parking garages as shown in Table 2-2. The parking facilities within the Central Core are heavily used by downtown patrons including visitors, business owners, employees, and residents. The parking facilities are heavily used throughout the day and are primarily located within a few blocks on either side of Atlantic Avenue. The parking facilities within the Central Core are free for public use with the exception of the two garages. The Old School Square Garage (P12) and Robert Federspiel Garage (P15) were built in 2007. In October 2008, the City instituted a flat fee of $5.00 at these two garages on Thursdays, Fridays, and Saturdays after 5:00 p.m. Table 2-2 – Central Core Off-street Public Parking Facilities FACILITY NAME HOURS TIME LIMIT SPACES P7 – Veterans Lot 8 a.m. – 8 p.m.2 hrs 102 P8 – Gladiola Lot 8 a.m. – 6 p.m.8 hrs 74 P9 – Village Lot 8 a.m. – 6 p.m.2 hrs 40 P10 – Old City Lot None None 55 P11 – Railroad Lot 8 a.m. – 6 p.m. 2hrs/ 8 hrs 191 P12 – Old School Sq. Garage 6 a.m. – 2 a.m.None 505 P12A – Lot S of OSS Garage 8 a.m. – 6 p.m.2 hrs 99 P13 – Bankers Row Lot None None 29 P14 – Cason Cottage Lot None None 10 P15 – Robert F. Garage 6 a.m. – 2 a.m.None 198 TOTAL OFF-STREET PUBLIC PARKING SPACES 1,303 Most of the off-street parking facilities within the Central Core offer long- term parking with an eight-hour parking limit between 8:00 a.m. and 6:00 p.m. with the exception of Village Lot (P9) and one section of Railroad Lot (P11). The Central Core area consists of a total of 1,303 off-street public parking spaces. The West Atlantic Neighborhood The West Atlantic Neighborhood is located immediately west of the Central Core. This area is characterized by older commercial uses, single family and multifamily residential, and vacant lots and buildings. The commercial uses are generally oriented to serve the residential neighborhoods within the District. The CRA would like to promote private investment through implementation of parking and other development incentives to attract businesses within this District. The CRA has also initiated several beautification efforts in the District and has provided more affordable housing. The District consists of six surface parking lots and one garage as listed in Table 2-3. The NW 5th Avenue Parking Lot (P21) is part of the Delray Beach Fire Station and is not open to public. The Library/Courthouse Parking Garage (P19) was built in 2004 through a joint partnership between Palm Beach County, the City and the CRA. There are a total of 891 off-street public parking spaces within the District. View of Atlantic Avenue Looking East APPENDIX B 7 |Page Table 2-3 – West Atlantic Neighborhood Off-street Public Parking FACILITY NAME HOURS TIME LIMIT SPACES P16 – Monterey Lot None None 82 P17 – City Hall Lot None None 141 P18 – Tennis Center Lot None None 83 P19* Library/Courthouse Lot Library/Courthouse Garage None 7 a.m. – 6 p.m. None None 162 371 P20 – SW 4th Ave Parking Lot None None 23 P21 – NW 5th Ave Parking Lot None None 29 TOTAL OFF-STREET PUBLIC PARKING SPACES 891 x - The lot and garage are County facilities and not a part of the City’s parking supply but is used for parking by the general public. A detailed summary of each of the off-street parking facilities within the three districts has been prepared and provided to the City’s parking management specialist. The summary includes the location of the facility, type of facility, lot capacity, reserved spaces, user groups, parking time limit, nature of parking control, quality of the facility including access, lighting, sidewalks, and user friendliness. On-Street Parking Facilities The Beach Area The parking spaces on Atlantic Avenue east of the Intracoastal Waterway are equipped with parking meters. The parking meters accept smart cards in addition to cash. The City recently implemented some IPS meters for a trial period which accept credit cards in addition to cash and smart cards. The City charges a fee of $1.25 per hour between the hours of 8 a.m. and 8 p.m. This segment is open for valet parking between the hours of 11 p.m. to 11 a.m. Paid parking was recently implemented along this segment of Atlantic Avenue in 2002. Before implementation of the paid parking system on this segment of Atlantic Avenue, beach users were occupying the on-street parking spaces to avoid the paid parking on SR A1A and impacting businesses along this segment. The implementation of paid parking has limited the use of this segment to business patrons while encouraging beach users to park along SR A1A. There are a few five-minute parking spaces located along this segment. These five-minute spots are well received by businesses that have quick turnover as well as patrons who don’t have to pay for an entire hour for a quick pickup. On-street parking along SR A1A is located only on the east side of the roadway from Beach Drive in the north to Casuarina Road in the south. There are a total of 225 spaces along SR A1A and a total of 268 spaces within the entire district. The parking spaces are equipped with single space parking meters. The on-street parking spaces are primarily used by beach users and patrons of businesses along this corridor. The total amount of on-street parking spaces located within the Beach District is illustrated in Table 2-4. Tennis Center Parking Lot (P18) On-street parking along Atlantic Avenue in the Beach District On-street Parking Time Limit on Atlantic Avenue in the Beach District Library/Courthouse Parking Garage (P19) APPENDIX B 8 |Page Table 2-4 – On-Street Parking in Beach District Street From/To Spaces SR A1A Beach Dr. to Atlantic Ave.104 SR A1A Atlantic Ave. to Casuarina Rd.121 Atlantic Ave. Intracoastal Waterway to SR A1A 43 TOTAL DESIGNATED ON-STREET PARKING SPACES 268 The Central Core On-street parking is located on both sides of Atlantic Avenue within the Central Core. The on-street parking spaces are free for public use with a two-hour limit between the hours of 8 a.m. and 8 p.m, except for valet parking spaces. Some parking spaces are designated for valet parking between 5 p.m. and 2 a.m. There are several five-minute parking spaces along Atlantic Avenue within the downtown core. The on-street parking spaces along Atlantic Avenue are heavily used by business owners, employees and shoppers. The two-hour parking limit is enforced by the City’s code enforcement division and parking enforcement volunteers through issuance of tickets for parked vehicles exceeding specified time limit (determined by tire chalking). The Central Core consists of the most amount of on-street parking within the study area. A majority of the streets within the downtown core have either designated or undesignated on-street parking. In addition, there are several roadways where on-street parking spaces are currently under construction. Currently, there are a total of 547 designated parking spaces within the Central Core District. Table 2-5 illustrates the on-street parking availability by roadway segment within the Central Core District. Table 2-5 – On Street Parking in Central Core District Street From/To Spaces Atlantic Ave.Swinton Ave. to FEC Railroad 36 Atlantic Ave.FEC Railroad to Intracoastal Waterway 60 SE 1st St. Swinton Ave. to Intracoastal Waterway 61 SE 2nd St Swinton Ave. to Intracoastal Waterway 6/UD Swinton Ave.Atlantic Ave. to SE 2nd St.UD SE 1st Ave.Atlantic Ave. to SE 2nd St.5/UC/UD SE 2nd Ave.Atlantic Ave. to SE 3rd St.UC SE 3rd Ave.Atlantic Ave. to SE 2nd St.23/UC SE 4th Ave.Atlantic Ave. to SE 2nd St.54 NE 1st St.Swinton Ave. to NE 6th Ave.45/UC NE 2nd St.Swinton Ave. to Railroad Ave.16/UD NE 3rd St.NE 1st Ave. to NE 6th Ave.18 NE 1st Ave.Atlantic Ave. to NE 4th St.63 NE 2nd Ave.Atlantic Ave. to NE 4th St.72 NE 3rd Ave.NE 2nd St. to NE 3rd St.28 NE 4th Ave.Atlantic Ave. to NE 2nd St.60 TOTAL DESIGNATED ON-STREET PARKING SPACES 547* UD – Undesignated; UC – Under Construction * – Total does not include undesignated/under construction spaces The West Atlantic Neighborhood Table 2-6 illustrates the on-street parking availability by roadway segment within the West Atlantic Neighborhood. There are a total of 238 designated on-street parking spaces within the District. Table 2-6 – On Street Parking in West Atlantic Neighborhood District Street From/To Spaces Atlantic Ave.SW/NW 12th Ave. to SW/NW 5th Ave.72 Atlantic Ave.SW/NW 5th Ave. to Swinton Ave.45 NW 5th Ave.Atlantic Ave. to NW 2nd St.22 SW 5th Ave.Atlantic Ave. to SW 1st St.4 NW 4th Ave.Atlantic Ave. to NW 1st St.22 NW 3rd Ave.Atlantic Ave. to NW 1st St.34 SW 2nd Ave.Atlantic Ave. to SW 2nd St.13 SW 1st Ave.Atlantic Ave. to SW 2nd St.16/UD SW 1st St.SW 2nd Ave. to Swinton Ave.10/UD TOTAL DESIGNATED ON-STREET PARKING SPACES 238* UD – Undesignated; UC – Under Construction * – Total does not include undesignated/under construction spaces Figure 2-2 illustrates the on-street parking facilities by roadway segment within the study area. On-street parking along Atlantic Ave within Downtown APPENDIX B 9 |Page Figure 2-1 – Off-Street Parking Locations APPENDIX B 10 |Page Figure 2-2 – On-Street Parking Locations APPENDIX B 11 |Page Valet Service within Study Area In addition to the public parking within the study area provided through City lots and garages, private parking contributes to the City’s parking supply through valet parking services. Valet service within the City is provided by private parking operators. Valet service is provided at multiple locations within the downtown and the Beach Area. Based upon the information provided by the City as well as observations from the field, there are currently eight valet queues within the study area. These locations are illustrated in Figure 2-1 on page 9. The valet queues are generally serviced by either the restaurants which they front, or private valet parking contractors hired by one or more restaurants along the block. The City does not contract the services of a valet operator. Request for valet locations are initiated by individual restaurant owners demonstrating a need to provide a new valet location. Once approved by the City Commission, the valet stands are operated by restaurants or private operators. Even though operated by individual restaurants, according to the City regulations, the valet operators are required to park vehicles for any person that requests a valet service regardless of the establishment which they patronize. Valet parking provides several advantages to the City. It is highly utilized within downtown near the major activity centers during the evening peak hours. During this time, patrons prefer the convenience and relative safety that valet parking offers. The use of private parking lots for valet parking provides more spaces to the City’s parking supply which would otherwise not be available for public parking. Valet providers have agreements with private property owners to use private off-street parking spaces for valet parking during non-business hours. APPENDIX B 12 |Page CHAPTER 3 – EXISTING PARKING UTILIZATION As a part of the evaluation of public parking needs within the study area, data were collected for several existing parking facilities to quantify the current utilization of parking. This helps provide a baseline of parking patterns, providing both a numerical quantification of overall parking demand and also the spatial differences in demand between different parking facilities. The patterns in parking utilization that have been observed help identify how parking demand varies in the downtown area throughout the course of the day and also among various days of the week, which helps identify overall demand and also when the peak periods of demand occur. Additionally, the patterns help identify which facilities are utilized more heavily than others, which in turn can be used to develop and implement policies and incentives to balance utilization more evenly between parking facilities or price parking according to utilization. The data used in this analysis were collected over the course of three months, which included a portion of the traditional winter “peak season.” Additionally, during the month of November, a limited amount of vehicle turnover data were collected in order to help identify the duration of time in which vehicles were parked in the parking spaces. Combined with the utilization data collected, the turnover data can help identify characteristics of patrons utilizing a parking facility, i.e., whether they are parking on a “short-term” or “long-term” basis. Data Collection As described in the previous chapter, there are a total of 21 public parking facilities within the study area that are included in this analysis, plus on-street parallel parking spaces along key roadways. To quantify parking utilization within the study area, actual parking observations and counts were conducted at representative parking facilities. Table 3-1 summarizes the parking facility by name, ID number (corresponding to Figure 2-1 on page 9 of this report) and the existing inventory of spaces within that facility. Table 3-1 – Parking Facility Summary – Data Collection Parking Facility ID Number Current Inventory (Spaces) Gladiola Parking Lot P8 74 Village Parking Lot P9 40 Railroad Parking Lot P11 191 Old School Square Parking Garage P12 505 Bankers Parking Lot P13 29 Cason Cottage Parking Lot P14 10 Robert Federspiel Garage P15 198 Monterey Parking Lot (N,S,E)P16 82 Within these parking facilities, data was collected during weekday and weekend conditions during the months of November, December and January. Table 3-2 summarizes the days and times of data collection at each of these facilities. Table 3-2 – Data Collection Summary DAY TIME PERIOD November Data Collection Tuesday 11/17/09*10:00 AM / 2:00 PM / 4:00 PM / 8:00 PM Thursday 11/19/09*10:00 AM / 2:00 PM / 4:00 PM / 8:00 PM Friday 11/20/09*6:00 PM / 10:00 PM Saturday 11/21/09*9:00 AM / Noon / 6:00 PM / 10:00 PM Sunday 11/22/09*9:00 AM / Noon December Data Collection Tuesday 12/15/09 10:00 AM / 2:00 PM / 4:00 PM / 8:00 PM Thursday 12/17/09 10:00 AM / 2:00 PM / 4:00 PM / 8:00 PM Friday 12/18/09 6:00 PM / 10:00 PM Saturday 12/19/09 9:00 AM / Noon / 6:00 PM / 10:00 PM Sunday 12/20/09 9:00 AM / Noon January Data Collection Tuesday 1/19/10 10:00 AM / 2:00 PM / 4:00 PM / 8:00 PM Thursday 1/21/10 10:00 AM / 2:00 PM / 4:00 PM / 8:00 PM Friday 1/22/10 6:00 PM / 8:00 PM / 10:00 PM / Midnight / 2:00 AM Saturday 1/23/10 9:00 AM / Noon / 6:00 PM / 10:00 PM Sunday 1/24/10 9:00 AM / Noon Notes:* Parking turnover also collected during November observations in limited locations Data were recorded within each facility once during each time interval listed in Table 3-2. Observers performed counts of parked vehicles within each facility during each of the time periods and recorded the parking utilization in field data collection worksheets. These worksheets are included as attachments to the report. APPENDIX B 13 |Page Parking Utilization The results of the field observations were compiled and summarized in tabular format. The tables include a list of the parking facilities observed, the parking supply (available inventory) within each facility, the number of observed occupied spaces during each time period, and the corresponding percent occupancy. The data collection occurred on various days of the week and different time periods because the types of patrons and the peak parking demands for businesses in the study area vary by day of the week and time of day. The demand is summarized for the parking facilities evaluated by each day of the week in order to provide an ultimate comparison on variation in demand on different days of the week. In each of the tables, the percentage of utilization has been color-coded into one of three categories as summarized below. These categories help classify the level of utilization in each of the facilities. Percentage of Utilization Categories Utilization Range Category 0.0% - 49.9%Low 50.0% - 84.9%Moderate 85% +High Weekday Parking Observations Parking utilization counts were conducted on two weekdays, a Tuesday and a Thursday, during each of the data collection periods in November, December and January. Observations on each weekday were conducted during four time intervals: ƒ10:00 AM – Noon ƒ2:00 PM – 4:00 PM ƒ4:00 PM – 6:00 PM ƒ8:00 PM – 10:00 PM. These time intervals allowed data to be collected to represent different demand periods during the day, including lunchtime demand, afternoon shopping demand, and dinner/after-dinner demand. Tables 3-3 and 3-4 summarize the Tuesday and Thursday demand observations, respectively. Overall, none of the facilities exceeded 85% occupancy during the observation intervals. The most heavily utilized facilities were the Railroad Parking Lot (P11), Village Parking Lot (P9) and Monterey Parking Lot (P16). Overall, the average demand during the observation periods remained relatively constant, ranging between 25% to 40%. The results are also depicted graphically in Charts 3-1 and 3-2, respectively. As shown in the charts, a gap in the utilization of the facilities that were observed becomes especially pronounced during the evening hours. During the evening observations, the Railroad Lot (P11), Gladiola Lot (P8), Village Lot (P9) and Monterey Lot (P16) experience a relatively higher level of utilization, while the Old School Square, Robert Federspiel, Bankers and Cason Cottage parking facilities experience significantly lower utilization than the other four facilities. APPENDIX B 14 |Page Table 3-3 – Observed Parking Utilization - Tuesday Location Parking Supply Month 10:00 AM -Noon 2:00 PM –4:00 PM 4:00 PM –6:00 PM 8:00 PM –10:00 PM Occupied Spaces %Occupied Spaces %Occupied Spaces %Occupied Spaces % Gladiola Parking Lot (P8)74 November 21 28.4%36 48.6%22 32.4%40 54.1% December 20 27.0%43 58.1%28 37.8%29 39.2% January 24 32.4%37 50.0%29 39.2%30 40.5% Average 22 29.3%39 52.2%26 36.5%33 44.6% Village Parking Lot (P9)40 November 16 40.0%24 60.0%21 52.5%25 62.5% December 16 40.0%23 57.5%21 52.5%33 82.5% January 19 47.5%27 67.5%19 47.5%18 45.0% Average 17 42.5%25 61.7%20 50.8%25 63.3% Railroad Parking Lot (P11)191 November 91 47.6%132 69.1%118 61.8%80 41.9% December 100 52.4%137 71.7%125 65.4%100 52.4% January 100 52.4%154 80.6%154 80.6%133 69.6% Average 97 50.8%141 73.8%132 69.3%104 54.6% Old School Square Parking Garage (P12)505 November 79 16.4%103 21.3%70 14.5%51 10.6% December 59 12.2%59 12.2%55 11.4%33 6.8% January 80 16.6%94 19.5%86 17.8%67 13.9% Average 73 15.1%85 17.7%70 14.6%50 10.4% Bankers Parking Lot (P13)29 November 11 37.9%11 37.9%10 34.5%3 10.3% December 12 41.4%18 62.1%12 41.4%4 13.8% January 12 41.4%12 41.4%9 31.0%5 17.2% Average 12 40.2%14 47.1%10 35.6%4 13.8% Cason Cottage Parking Lot (P14)10 November 7 70.0%4 40.0%5 50.0%1 10.0% December 4 40.0%4 40.0%4 40.0%0 0.0% January 4 40.0%3 30.0%2 20.0%0 0.0% Average 5 50.0%4 36.7%4 36.7%0 3.3% Robert Federspiel Garage (P15)198 November 75 37.9%83 41.9%65 32.8%26 13.1% December 65 32.8%62 31.3%61 30.8%47 23.7% January 70 35.4%60 30.3%30 30.3%41 20.7% Average 70 35.4%68 34.5%52 31.3%38 19.2% Monterey Parking Lot (P16)82 November 56 68.3%64 78.0%39 47.6%26 31.7% December 32 39.0%37 45.1%33 40.2%38 46.3% January 61 74.4%56 68.3%53 64.6%35 42.7% Average 50 60.6%52 63.8%42 50.8%33 40.2% TOTAL 1,129 346 31.3%428 38.7%356 32.2%287 25.9% Chart 3-1 – Average Parking Occupancy by Facility - Tuesday Observations APPENDIX B 15 |Page Table 3-4 – Observed Parking Utilization - Thursday Location Parking Supply Month 10:00 AM -Noon 2:00 PM –4:00 PM 4:00 PM –6:00 PM 8:00 PM –10:00 PM Occupied Spaces %Occupied Spaces %Occupied Spaces %Occupied Spaces % Gladiola Parking Lot (P8)74 November 24 32.4%31 41.9%35 47.3%45 60.8% December 15 20.3%29 39.2%27 36.5%48 64.9% January 28 37.8%35 47.3%38 51.4%53 71.6% Average 22 30.2%32 42.8%33 45.1%49 65.8% Village Parking Lot (P9)40 November 18 45.0%20 50.0%23 57.5%28 70.0% December 17 42.5%22 55.0%20 50.0%30 75.0% January 18 45.0%19 47.5%26 65.0%39 97.5% Average 18 44.2%20 50.8%23 57.5%32 80.8% Railroad Parking Lot (P11)191 November 98 51.3%127 66.5%135 70.7%125 65.4% December 88 46.1%129 67.5%141 73.8%131 68.6% January 104 54.5%156 81.7%160 83.8%182 95.3% Average 97 50.6%137 71.9%145 76.1%146 76.4% Old School Square Parking Garage (P12)505 November 68 14.1%80 16.6%85 17.6%80 16.6% December 54 11.2%81 16.8%68 14.1%47 9.7% January 75 15.5%97 20.1%107 22.2%66 13.7% Average 66 13.6%86 17.8%87 18.0%64 13.3% Bankers Parking Lot (P13)29 November 12 41.4%10 34.5%13 44.8%7 24.1% December 10 34.5%10 34.5%9 31.0%4 13.8% January 11 37.9%13 44.8%9 31.0%5 17.2% Average 11 37.9%11 37.9%10 35.6%5 18.4% Cason Cottage Parking Lot (P14)10 November 8 80.0%7 70.0%7 70.0%3 30.0% December 5 50.0%6 60.0%3 30.0%0 0.0% January 7 70.0%5 50.0%4 40.0%1 10.0% Average 7 66.7%6 60.0%5 46.7%1 13.3% Robert Federspiel Garage (P15)198 November 72 36.4%80 40.4%54 27.3%30 15.2% December 59 29.8%63 31.8%64 32.3%59 29.8% January 49 24.7%58 29.3%52 26.3%32 16.2% Average 60 30.3%67 33.8%57 28.6%40 20.4% Monterey Parking Lot (P16)82 November 39 47.6%37 45.1%44 53.7%56 68.3% December 26 31.7%27 32.9%28 34.1%51 62.2% January 55 67.1%56 68.3%54 65.9%43 52.4% Average 40 48.8%40 48.8%42 51.2%50 61.0% TOTAL 1,129 321 29.0%399 36.0%402 36.3%387 35.0% Chart 3-2 – Average Parking Occupancy by Facility - Thursday Observations Friday Parking Observations Parking utilization counts were conducted on a Friday during each of the data collection periods in November, December and January. Observations on each Friday were conducted during two time intervals: 6:00 PM – 8:00 PM and 10:00 PM – Midnight. Similar to the other weekday observations, these time intervals allowed data to be collected to represent different demand periods during the day, including dinner demand, and late night demand. Additionally, during the January observation period, observations were conducted from 8:00 PM – 10:00 PM and Midnight – 2:00 AM in order to collect more data regarding late night activity. Table 3-5 summarizes the Friday demand observations. As shown in the tables, demand at four of the facilities (Gladiola Parking Lot (P8), Village Parking Lot (P9), Railroad Parking Lot (P11) and Monterey Parking Lot (P16)) met or exceeded 100 percent of available supply at some point during some of the Friday observations. Parking exceeds 100 percent of available supply when all of the marked parking spaces are occupied and additional vehicles are parked in areas on the lot that are not designated for parking, such as in front of dumpster enclosures, in parking circulation aisles and in grassy areas. However, even during those peak periods, a significant amount of available supply still exists within other facilities, especially including the Old School Square Parking Garage (P12) and the Robert Federspiel Parking Garage (P15). Overall demand within the study facilities was approximately 70 percent during the peak observation period (8:00 PM – 10:00 PM during the Friday observation in January). APPENDIX B 16 |Page The results are also depicted graphically on Chart 3-3. As was the case with the weekday observations, the level of utilization varied significantly between facilities. The Railroad, Gladiola, Village and Monterey parking facilities experience a relatively higher level of utilization, while the Old School Square, Robert Federspiel, Bankers and Cason Cottage parking facilities experience significantly lower utilization than the other four facilities during most of the evening, although utilization of the two garages increased during the late evening observation period. Table 3-5 – Observed Parking Utilization - Friday Location Parking Supply Month 6:00 PM –8:00 PM 8:00 PM –10:00 PM 10:00 PM –Midnight Midnight –2:00 AM Occupied Spaces %Occupied Spaces %Occupied Spaces %Occupied Spaces % Gladiola Parking Lot (P8)74 November 65 87.8%79 106.8% December 66 89.2%76 102.7% January 75 101.4%78 105.4%72 97.3%55 74.3% Average 69 92.8%78 105.4%76 102.3%55 74.3% Village Parking Lot (P9)40 November 37 92.5%37 92.5% December 28 70.0%40 100.0% January 38 95.0%39 97.5%32 80.0%22 55.0% Average 34 85.8%39 97.5%36 90.8%22 55.0% Railroad Parking Lot (P11)191 November 139 72.8%199 104.2% December 166 86.9%194 101.6% January 165 86.4%202 105.8%200 104.7%168 88.0% Average 157 82.0%202 105.8%198 103.5%168 88.0% Old School Square Parking Garage (P12) 505 November 65 13.5%118 24.4% December 50 10.4%134 27.7% January 101 20.9%225 46.6%205 42.4%212 43.9% Average 72 14.9%225 46.6%152 31.5%212 43.9% Bankers Parking Lot (P13)29 November 6 20.7%5 17.2% December 6 20.7%6 20.7% January 2 6.9%1 3.4%2 6.9%5 17.2% Average 5 16.1%1 3.4%4 14.9%5 17.2% Cason Cottage Parking Lot (P14)10 November 3 30.0%1 10.0% December 1 10.0%8 80.0% January 2 20.0%3 30.0%1 10.0%0 0.0% Average 2 20.0%3 30.0%3 33.3%0 0.0% Robert Federspiel Garage (P15)198 November 51 25.8%69 34.8% December 48 24.2%79 39.9% January 67 33.8%132 66.7%127 64.1%151 76.3% Average 55 27.9%132 66.7%92 46.3%151 76.3% Monterey Parking Lot (P16)82 November 49 59.8%67 81.7% December 49 59.8%86 104.9% January 58 70.7%91 111.0%88 107.3%90 109.8% Average 52 63.4%91 111.0%80 98.0%90 109.8% TOTAL 1,129 446 40.3%771 69.6%641 57.9%703 63.5% Chart 3-3 – Average Parking Occupancy by Facility - Friday Observations Weekend Parking Observations Parking utilization counts were conducted on a Saturday and on a Sunday during each of the data collection periods in November, December and January. Observations on each Saturday were conducted during four time intervals: 9:00 AM – 11:00 AM, Noon – 2:00 PM, 6:00 PM – 8:00 PM and 10:00 PM – Midnight. On Sundays, observations were conducted during two time intervals: 9:00 AM – 11:00 AM and Noon – 2:00 PM. Similar to the other weekday observations, these time intervals allowed data to be collected to represent different demand periods during the day, including lunchtime demand, dinner demand, and late night demand. Table 3-6 summarizes the Saturday demand observations. As shown in the tables, demand at four of the facilities (Gladiola Parking Lot, Village Parking Lot, Railroad Parking Lot and Monterey Parking Lot) met or exceeded 100 percent of available supply at some point during some of the Saturday observations, as was the case during the Friday observations. Parking exceeds 100 percent of available supply when all of the marked parking spaces are occupied and additional vehicles are parked in areas on the lot that are not designated for parking, such as in front of dumpster enclosures, in parking circulation aisles and in grassy areas. However, even during those peak periods, a significant amount of available supply still exists within other facilities, especially including the Old School Square Parking Garage and the Robert Federspiel Parking Garage. Overall demand within the study facilities was slightly under 70 percent during the peak observation period (Midnight – 2:00 AM during the Friday observation in January). As shown in Table 3-7, overall parking demand on Sundays is the lowest of all days observed. APPENDIX B 17 |Page The results are also depicted graphically on Charts 3-4 and 3-5 for Saturday and Sunday, respectively. As was the case with the weekday and Friday observations, the level of utilization on Saturday varied significantly between facilities. The Railroad, Gladiola, Village and Monterey parking facilities experience a relatively higher level of utilization, while the Old School Square, Robert Federspiel, Bankers and Cason Cottage parking facilities experience significantly lower utilization than the other four facilities during the evening hours. The Sunday observations also included observations of beach parking along SR A1A. During the Sunday periods of observation, the beach parking areas tended to experience the highest utilization. Table 3-6 – Observed Parking Utilization - Saturday Location Parking Supply Month 9:00 AM –11:00 AM Noon –2:00 PM 6:00 PM –8:00 PM 10:00 PM –Midnight Occupied Spaces % Occupi ed Spaces %Occupied Spaces %Occupied Spaces % Gladiola Parking Lot (P8)74 November 13 17.6%14 18.9%73 98.6%82 110.8% December 8 10.8%15 20.3%66 89.2%73 98.6% January 6 8.1%16 21.6%66 89.2%71 95.9% Average 9 12.2%15 20.3%68 92.3%75 101.8% Village Parking Lot (P9)40 November 15 37.5%25 62.5%32 80.0%39 97.5% December 19 47.5%40 100.0%36 90.0%38 95.0% January 17 42.5%33 82.5%33 82.5%40 100.0% Average 17 42.5%33 81.7%34 84.2%39 97.5% Railroad Parking Lot (P11)191 November 59 30.9%105 55.0%139 72.8%192 100.5% December 57 29.8%113 59.2%166 86.9%204 106.8% January 57 29.8%109 57.1%179 93.7%203 106.3% Average 58 30.2%109 57.1%161 84.5%200 104.5% Old School Square Parking Garage (P12) 505 November 21 4.3%51 10.6%67 13.9%204 42.2% December 13 2.7%24 5.0%86 17.8%250 51.8% January 28 5.8%76 15.7%91 18.8%227 47.0% Average 21 4.3%50 10.4%81 16.8%227 47.0% Bankers Parking Lot (P13)29 November 5 17.2%4 13.8%3 10.3%4 13.8% December 4 13.8%4 13.8%3 10.3%6 20.7% January 2 6.9%4 13.8%3 10.3%4 13.8% Average 4 12.6%4 13.8%3 10.3%5 16.1% Cason Cottage Parking Lot (P14) 10 November 2 20.0%8 80.0%1 10.0%2 20.0% December 0 0.0%4 40.0%1 10.0%3 30.0% January 2 20.0%2 20.0%3 30.0%6 60.0% Average 1 13.3%5 46.7%2 16.7%4 36.7% Robert Federspiel Garage (P15)198 November December 13 6.6%13 6.6%51 25.8%93 47.0% January 15 7.6%13 6.6%35 17.7%135 68.2% Average 14 7.1%13 6.6%43 21.8%114 57.6% Monterey Parking Lot (P16)82 November 16 19.5%18 22.0%48 58.5%94 114.6% December 6 7.3%2 2.4%77 93.9%85 103.7% January 26 31.7%30 36.6%50 61.0%90 109.8% Average 16 19.5%17 20.3%58 71.1%90 109.4% TOTAL 1,129 140 12.6%246 22.2%450 40.7%754 68.1% Chart 3-4 – Average Parking Occupancy by Facility - Saturday Observations APPENDIX B 18 |Page Table 3-7 – Observed Parking Utilization - Sunday Location Parking Supply Month 9:00 AM –11:00 AM Noon –2:00 PM Occupied Spaces %Occupied Spaces % Gladiola Parking Lot (P8) 74 November 6 8.1%16 21.6% December 10 13.5%12 16.2% January 33 44.6%31 41.9% Average 16 22.1%20 26.6% Village Parking Lot (P9) 40 November 14 35.0%16 40.0% December 11 27.5%11 27.5% January 13 32.5%29 72.5% Average 13 31.7%19 46.7% Railroad Parking Lot (P11) 191 November 26 13.6%43 22.5% December 34 17.8%58 30.4% January 24 12.6%46 24.1% Average 28 14.7%49 25.7% Old School Square Parking Garage (P12)505 November 14 2.9%51 10.6% December 12 2.5%13 2.7% January 20 4.1%29 6.0% Average 15 3.2%31 6.4% Bankers Parking Lot (P13) 29 November 5 17.2%5 17.2% December 2 6.9%3 10.3% January 6 20.7%5 17.2% Average 4 14.9%4 14.9% Cason Cottage Parking Lot (P14)10 November 2 20.0%3 30.0% December 0 0.0%0 0.0% January 0 0.0%1 10.0% Average 1 6.7%1 13.3% Robert Federspiel Garage (P15)198 November 0 0.0%0 0.0% December 8 4.0%9 4.5% January 5 2.5%6 3.0% Average 4 2.2%5 2.5% Monterey Parking Lot (P16) 82 November 10 12.2%21 25.6% December 11 13.4%8 9.8% January 6 7.3%4 4.9% Average 9 11.0%11 13.4% Beach Parking (North of Atlantic)104 November 37 35.6%74 71.2% December 6 5.8%14 13.5% January 33 31.7%31 29.8% Average 25 24.0%40 38.5% Beach Parking (South of Atlantic)121 November 80 66.1%101 83.5% December 26 21.5%80 66.1% January 63 52.1%91 75.2% Average 56 46.3%91 75.2% TOTAL 1,354 171 12.8%271 20.3% Chart 3-5 – Average Parking Occupancy by Facility - Sunday Observations APPENDIX B 19 |Page Utilization Trends Overall, the highest parking utilization occurred during the Friday and Saturday evening observation periods. During those time periods, some facilities experienced localized utilization rates of over 100 percent, meaning that all designated parking spaces in those facilities were occupied plus some patrons had parked in undesignated areas within those facilities. The overall utilization within the study area was much higher during those periods of observation than during the daytime periods on those same days or during any of the observation periods on weekdays and Sundays. The specific data still indicated, however, that even during the peak overall periods of demand, parking is available within the study area in many facilities. The difference in utilization between facilities during the peak periods of demand can be seen in Charts 3-3 and 3-4. The average overall percent utilization by observation periods on all surveyed days is illustrated in Chart 3-6. Chart 3-6 – Average Overall Percent Utilization by Observation Period Parking Turnover In addition to collecting parking utilization data, observations were conducted during the month of November to quantify parking turnover within a limited inventory of spaces in several of the parking facilities. The purpose of collecting this data was to provide information regarding the length of time that the same vehicle occupied a given parking space, with a primary goal of identifying the usage of parking facilities by users parking on a short-term basis (less than two hours) and those parking on a longer-term basis (two hours or more). The data observed were compiled and summarized in tabular format and also summarized in a series of charts (Charts 3-7 through 3-15) illustrating the approximate observed turnover by day of the week within the limited area of data collection at each facility. The charts for the respective parking facilities are provided below. Chart 3-7 Gladiola Parking Lot Observed Turnover by Day of the Week APPENDIX B 20 |Page Chart 3-8 Village Parking Lot Observed Turnover by Day of the Week Chart 3-9 Railroad Parking Lot Observed Turnover by Day of the Week Chart 3-10 Monterey Parking Lot Observed Turnover by Day of the Week Chart 3-11 Cason Cottage Parking Lot Observed Turnover by Day of the Week APPENDIX B 21 |Page Chart 3-12 Bankers Row Parking Lot Observed Turnover by Day of the Week Chart 3-13 Old School Square Parking Garage Observed Turnover by Day of the Week Chart 3-14 Robert Federspiel Parking Garage Observed Turnover by Day of the Week Chart 3-15 Atlantic Avenue On-Street Parking Observed Turnover by Day of the Week APPENDIX B 22 |Page It is important to note that the overall categorization of parking turnover is based upon some general assumptions given the data collected. Because vehicle turnover within the designated areas of each facility was observed once per hour over certain time periods, the exact duration of a patron’s stay could not be determined. For example, if a vehicle was observed occupying a parking space at 1:00 PM and at 2:00 PM, it was not possible to know whether or not the car was parked in the space for a duration of 1 hour and 2 minutes (e.g., arriving at 12:59 PM and departing at 2:01 PM), or if it was parked in the space for a duration of 2 hours and 58 minutes (e.g., arriving at 12:01 PM and departing at 2:59 PM). On average, it is therefore assumed that vehicles observed to be parked in a parking space during two observation periods were parked for two hours. The data presented therefore represent generalized averages of vehicle parking durations. From the data, it is possible to ascertain general patterns of facilities more heavily used by patrons with long-term parking needs and those more heavily utilized by patrons with short-term parking needs. In general, the facilities most utilized by short-term parkers were the Gladiola and Village Parking Lots and on-street parking along Atlantic Avenue. The remaining facilities were more heavily utilized by those with long-term parking needs. Chart 3-16 illustrates the relative comparison of average parking duration observed in the off-street facilities and Chart 3-17 illustrates the relative comparison of parking duration along various blocks of Atlantic Avenue. The difference in generalized short-term versus long-term parking demand can be seen in these relative comparisons. Chart 3-16 Off-Street Parking Facilities Comparison of Average Observed Turnover Chart 3-17 On-Street Parking Facilities Comparison of Average Observed Turnover In general, it was observed that on-street parking and off-street parking facilities located closest to the downtown core and businesses were used for shorter-term parking. However, it was observed that approximately 25% of parking along Atlantic Avenue did not conform to the maximum parking limit of two-hours. Within downtown retail areas, it is desirable to manage parking in a manner where short-term parking with higher vehicle turnover occurs in the convenient on-street parking facilities and longer-term parking by employees and visitors who wish to spend longer hours within downtown occurs at the off-street facilities. Accordingly, policies, guidelines and/or restrictions need to be put in place to encourage appropriate use of facilities. If employees and business owners take up the convenient on-street spaces and the only available parking for businesses is too far, inconvenient or difficult to locate, patrons may be discouraged from visiting those businesses. Longer-term parking, often used by employees, can be located in off-street facilities that are a few blocks away from the downtown core. APPENDIX B 23 |Page CHAPTER 4 – NEED TO MANAGE PARKING Parking and transportation can be the focus of much public debate and two of the most controversial issues a community must address to promote economically viable development and redevelopment. The City’s ability to ensure sufficient parking is available for visitors and residents will be a key factor in maintaining community vibrancy, fostering economic development, and meeting the goals and objectives stated within the City’s Comprehensive Plan, Downtown Master Plan, Transportation Concurrency Exception Area, and Community Redevelopment Plans. While evaluating parking, there is a need to consider the entire transportation system as a whole and not just the automobile. Also included are pedestrian, bicycle and transit facilities. Success of a citywide parking system does not only depend on provision of parking facilities but also how well the parking facilities are connected to the ultimate destinations as well other modes of transportation. Parking management is not a science of providing a large supply of parking to accommodate vehicles for the peak demand hour but managing available resources in the most efficient manner while accommodating the needs of the community and furthering the goals of the community. Just like a community cannot build its way out of congestion, a community cannot build its way out of parking demand. There must always be a balance between parking supply and demand. Too Much or Too Little Parking The City’s ability to ensure that residents, businesses, and visitors have safe and convenient access to parking is currently a key component to the City’s overall livability and economic viability. Parking is generally one of the first activities that visitors, residents and employees engage in at a destination. Downtowns that have convenient and adequate parking are generally more economically viable than the ones that provide inefficient parking facilities. There is an economic disadvantage to providing too much parking as there is with too little parking. Providing optimal parking which is convenient, safe and efficiently utilizes valuable commercial space can enhance the economic vitality and livability of a downtown. Providing too much parking can negatively impact the economic viability of the downtown as it consumes valuable land that could be otherwise used for economic development. Providing too much parking is also counterproductive to the City’s multi-modal and transit-oriented goals. Further, the oversupply of parking is costly to the City, as an unused parking lot or garage is essentially a misuse of valuable land that could be used for generating tax revenue. It can also result in unnecessarily high development expenses with surface parking costing up to $3,000 per space while parking structures costing up to $15,000 per space. On the other hand, providing too little parking in the absence of other transportation options to access certain areas can also hinder economic development. Property owners seeking to develop or redevelop their property may find it difficult to obtain financing due to the lack of adequate parking to serve their site. Furthermore, if significantly reduced parking requirements are allowed in the absence of viable parking alternatives or modes of transportation, property owners may experience a decrease in business activity; parking may intrude into adjoining neighborhoods; and cause excessive vehicle circulation while patrons search for parking. Existing Parking Challenges and Potential Considerations As reported earlier in Chapters 1 and 2, the City of Delray Beach provides public parking facilities in the form of on-street parking and off-street parking at surface lots and garages strategically located within the study area. There are a total of 1,053 on-street parking spaces and 2,637 off- street parking spaces within the study area. The majority of the parking within the City (Central Core and West Atlantic Neighborhood) is free to the public. There are several parking lots that are strategically located throughout the Downtown Area. The City recently implemented a flat fee of $5.00 after 5 p.m. on Thursdays, Fridays, and Saturdays at the two downtown garages – Robert Federspiel Garage and the Old School Square Garage. Parking along Atlantic Avenue and in the other surface parking lots is currently free. The demand for parking and the subsequent utilization of parking spaces along Atlantic Avenue, the Railroad Lot, the Village Lot, and the Gladiola Lot is very high. However, the other surface parking lots and garages are significantly underutilized. Specifically, the two downtown garages are significantly underutilized in spite of their proximity to downtown retail and restaurants. This underutilization may be caused by the difficulty with access and signage, people’s perceptions of parking garage safety, and the cost of parking. This imbalance in parking utilization between the various parking facilities creates the perception of a parking problem within downtown Delray Beach. It will not be prudent for the City to expand parking facilities within the downtown without ensuring that the existing parking facilities are fully utilized. The imbalance in utilization is further exacerbated by uneven parking pricing. Availability of free parking along Atlantic Avenue while a parking fee is assessed in the two downtown garages acts as a disincentive for people to park in the garages during the evenings and the weekends when the parking demand is the highest. The extremely high parking activity along Atlantic Avenue results in severe traffic congestion along the segment during peak hours. The Downtown Delray Beach Shuttle service which runs east-west along Atlantic Avenue is also negatively affected by the congestion along Atlantic Avenue during the p.m. peak hours. The Shuttle service was implemented by the City to provide additional transit coverage from areas currently not served by Palm Tran to Tri-Rail and to promote transit as a viable transportation mode. On-street parking is the most easily accessible form of parking for visitors and employees to any destination. On-street parking allows the maximum ease to access nearby retail and restaurant located on a segment. Ideally, on-street parking should be used for short-term parking and off-street parking in lots and garages should be used for long-term parking. Maintaining on-street parking strictly for short-term parking will enable consistent demand and utilization of the on-street parking resource for the type of users for which it is intended. It will also prevent retail owners and employees from taking up valuable on-street parking that is otherwise intended for retail customers. Many communities throughout the country manage parking through the implementation of a paid parking system along with a sound enforcement program to ensure appropriate usage of parking facilities. The concept of paid parking is being successfully implemented as a way to pass on a portion of the costs of providing parking to the end users. Many communities including West Palm Beach, Palm Beach, Miami, Hollywood, Fort Lauderdale, Miami Beach, Orlando and other Florida cities have implemented paid parking successfully. In many cities, the revenue collected from parking systems have been reinvested within the APPENDIX B 24 |Page communities through implementation of parking benefit districts and other forms of management. As with any new system, the change in parking management will be accompanied by resistance. During the public involvement sessions conducted at the beginning of this parking study, there was significant opposition to the concept of paid parking from several of the downtown business owners. However, with public education and a partnership between the downtown business owners and the City, it is anticipated that a paid parking system can be successfully implemented to the benefit of all parties involved. Charging a fee for on-street parking along Atlantic Avenue, for instance, will encourage users to park in long-term off-street parking spaces at the lots and garages. This will help reduce traffic congestion along Atlantic Avenue during peak hours as well as make more convenient parking available for retail customers. Downtown Delray Beach would like to function as a “park once” district for visitors and employees where parking facilities are well connected to downtown destinations through pedestrian and transit modes. APPENDIX B 25 |Page CHAPTER 5 – DELRAY BEACH PARKING CODE REVIEW Off-Street Parking Requirements The City regulates parking through Section 4.6.9 of the City’s adopted code of ordinances (Land Development Regulations), which contains minimum off-street parking requirements based on various land uses. There are supplemental parking regulations that are unique to certain zoning districts, such as the CBD. Section 4.4.13 contains lower parking requirements for the CBD zoning district within the downtown core area, bounded by Swinton Avenue to the west, NE 2nd Street to the north, Intracoastal Waterway to the east, and SE 2nd Street to the south. Section 4.6.9(C) of the City of Delray Beach Land Development Regulations defines the minimum parking requirements for the majority of zoning districts within the City by various land use categories. These citywide parking requirements adopted by the City are very close to ranges found in commonly used guidelines nationwide, such as Parking Generation, Third Edition published by the Institute of Transportation Engineers (ITE) and Shared Parking, Second Edition, published by the Urban Land Institute (ULI). Table 5-1 provides a comparison between the City’s code-required parking ratios and guidelines published in both of these handbooks. The generic standards published by ULI and ITE are often based on observations of peak demand for parking at single-use developments in relatively low-density settings. In most study cases, the land uses are isolated, parking is unmanaged, and multimodal transportation, such as walking, biking, and/or transit, is limited. Therefore, the application of these parking ratios can result in unrealistically high parking demand estimates, particularly in areas where parking may not be as convenient as in a suburban setting and where other alternative modes of travel are available and viable. Generic parking minimums are typically intended to ensure that the parking supply provided for residents, employees, and/or visitors and patrons of each land use will accommodate the vehicular parking demand of those users without the demand spilling offsite and without cars re- circulating unnecessarily in an attempt to locate available parking. However, generic ratios often do very little to reflect local conditions such as availability of multimodal transportation, surplus parking that may exist in the area, shared parking opportunities, and specific characteristics regarding the type of development being served. The generic ratios could result in overbuilding of the parking supply, which can result in dead zones, urban blight with large areas of surface parking and—ultimately—failed development. As Delray Beach reacts to redevelopment opportunities and prospects to attract new development, there will be the need for expand on existing alternative parking reduction measures and potentially implement additional strategies to increase flexibility and options for new development. These expanded alternative strategies will help to avoid an oversupply of parking and ensure better utilization of resources. In areas of redevelopment, there is increased need for better use of existing parking facilities and an accurate evaluation of overall parking needs rather than needs on a use-by-use basis. These strategies help lower development costs, encourage new development patterns that will feed off the synergies for parking that these alternatives create. The City’s Land Development Regulations provide for some flexibility in the amount of parking provided, specifically, by allowing lower ratios within certain zoning districts such as the CBD, shared parking (where applicable), valet/tandem parking, off-site parking agreements and, in certain zones, participation in the City’s payment-in-lieu program. Each of these options allows for the ability to provide a lower parking supply on site than allowed by Code. Although the Code does not currently contain provisions to allow for other reductions in the supply of parking provided, other considerations can be introduced that could reduce overall required parking for a site, especially within the downtown area. These strategies could be considered during the planning review process or could be used to establish reduced Code- required parking supply within a defined boundary where certain conditions exist. Some of the conditions or parking reduction strategies that can impact the parking supply requirements for sites within the downtown area: ƒShared parking (already allowed by code) ƒAvailability of multimodal transportation choices and amenities ƒExisting surplus parking in area ƒSpecific use characteristics ƒCentralized parking ƒPricing strategies APPENDIX B 26 |Page Table 5-1 – Delray Beach Parking Ratio Comparison With ULI and ITE Rates x - This requirement within the CBD is limited to the downtown core includes the area bound by Swinton Ave. to the west, NE 2nd St. to the north, SE 2nd Street to the south and the Intracoastal Waterway to the east. Land Use Unit Delray Beach Parking Ratio ULI Shared Parking Ratio ITE Parking Generation RatioCitywideCBD* Residential Single Family Detached per D.U.2 2 1.7 2 Duplex per D.U.2 2 1.7 Multi Family - Efficiency per D.U.1 1 1.7 1.5 - One bedroom per D.U.1.5 1.25 1.7 1.5 - Two or more bedroom per D.U.2 1.5 1.7 1.5 Guest parking: - first 20 units per D.U.0.5 0.5 0.15 - 21 - 50 units per D.U.0.3 0.3 0.15 - 51 units and above per D.U.0.2 0.2 0.15 Commercial General Commercial per 1,000 s.f. GFA 4.5 3.3 4 Restaurants - 0 to 6,000 sf per 1,000 s.f. GFA 12 6 14 13 - greater than 6,000 sf per 1,000 s.f. GFA 15 6 20 20 Shopping Center - 25,000 to 400,000 sf per 1,000 s.f. GFA 4 3.3 4 4.4 - 400,000 to 600,000 sf per 1,000 s.f. GFA 4.5 3.3 4 4.4 - greater than 600,000 sf per 1,000 s.f. GFA 5 3.3 4.5 4.4 Office Business/Professional - up to 3,000 sf per 1,000 s.f.3.33 (GFA)3.33 (NFA)3.8 3 - over 3,000 sf per 1,000 s.f.3.33 (GFA)3.33 (NFA)3.8 3 Governmental per 1,000 s.f. GFA 5 3.3 6 6 Medical and Dental per 1,000 s.f. GFA 5 3.3 4.5 4.3 Recreational & Community Facilities Auditoriums, Meeting Places per seat 0.3 0.3 0.27 0.36 Hotels and Motels - guest room per Guest Room 0.7 0.7 1.25 1.15 - ballroom, meeting rooms, and shops, etc.per 1,000 s.f. GFA 10 3.3 10 - restaurants and lounges, etc.per 1,000 s.f. GFA 10 6 APPENDIX B 27 |Page Survey of Parking Code Requirements The following is a compilation of parking code requirements of other municipalities for comparison purposes. Four cities were chosen as “Peer Cities” based upon having similar characteristics to Delray Beach, including being of size, having similar demographics and being located in Florida. Those chosen as “Peer Cities” for comparison to Delray Beach are: ƒHollywood, FL ƒBoca Raton, FL ƒStuart, FL ƒSarasota, FL Table 5-2 provides the comparison of code requirements for these cities with Delray Beach. Table 5-2 – Comparison of Peer Cities Parking Requirements Land Use City of Delray Beach Parking Ratio Peer Cities Parking Ratio UnitCity of Hollywood City of Boca Raton City of Stuart City of SarasotaCitywideCBD* Commercial General Commercial 4.5 3.3 4.0 5.0 4.0 4.0 per 1,000 SF GFA Restaurants - 0 to 2,500 sf 12.0 6.0 7.0 11.0 5.0 6.7 per 1,000 SF GFA -2,500 to 6,000 sf 12.0 6.0 7.0 11.0 5.0 6.7 - greater than 6,000 sf 15.0 6.0 17.0 16.0 5.0 6.7 per 1,000 SF GFA Shopping Center - 25,000 to 400,000 sf 4.0 3.3 4.0 5.0 4.0 4.0 per 1,000 SF GFA - 400,000 to 600,000 sf 4.5 3.3 4.0 5.0 4.0 4.0 per 1,000 SF GFA - greater than 600,000 sf 5.0 3.3 4.0 5.0 4.0 4.0 per 1,000 SF GFA Office Business/Professional - up to 3,000 sf 4.0 3.33 (NFA)4.0 5.0 3.3 5.0 per 1,000 SF GFA - 3,001 to 10,000 sf 3.5 3.33 (NFA)4.0 3.3 3.3 3.3 per 1,000 SF GFA - over 10,000 sf 3.5 3.33 (NFA)4.0 3.3 3.3 3.1 per 1,000 SF GFA Governmental 5.0 3.33 4.0 3.3 3.3 3.3 per 1,000 SF GFA Medical and Dental 5.0 3.33 4.0 5.7 5.0 4.0 per 1,000 SF GFA Recreational/Community Facilities Auditoriums, Meeting Places 0.30 0.3 0.25 0.25 0.25 0.25 per Seat Hotels and Motels - guest room 0.70 0.7 1 1.2 1 1.1 per Guest Room - employee 0.67 per Employee - ballroom, meeting rooms 10 3.3 16 per 1,000 SF GFA - shops, restaurants 10 6 per 1,000 SF GFA Residential Single Family Detached Residences 2.0 2.0 2.0 2.0 2.0 2.0 per DU Duplexes 2.0 2.0 2.0 2.0 2.0 2.0 per DU Multi-Family Dwelling Units - Efficiency 1.0 1.0 1.5 1.5 1.5 2.0 per DU - One bedroom 1.5 1.25 1.5 1.8 1.5 2.0 per DU - Two or more bedroom 2.0 1.5 2.0 2.0 2.0 2.0 per DU - Guest Parking 0 to 20 units 0.5 0.5 0.2 per DU 21 to 50 units 0.3 0.3 0.2 per DU for units 51 and above 0.2 0.2 0.2 per DU APPENDIX B 28 |Page Additionally, other cities were chosen for comparison purposes in order to compare and contrast their requirements to those of Delray Beach, even though they may have different demographics and characteristics. Those cities, considered to provide a representative sample of some “best practices”, that were chosen for this comparison are: ƒWest Palm Beach, FL ƒOrlando, FL ƒHuntington Beach, CA ƒSan Buenaventura, CA Table 5-3 provides the comparison of code requirements for these cities. Table 5-3 – Comparison of “Best Practices” Cities Parking Requirements Land Use Best Practices Cities Unit City of West Palm Beach Parking Ratio City of Orlando Parking Ratio City of Huntington Beach (CA) Parking Ratio City of San Buenaventura (CA) Parking Ratio Citywide Downtown MinMinMaxMinMax Commercial General Commercial 4.0 2.5 7.0 5.0 3.3 per 1,000 SF GFA Restaurants - 0 to 2,500 sf 10.0 5.0 20.0 16.7 3.3 per 1,000 SF GFA -2,500 to 6,000 sf 10.0 5.0 20.0 16.7 5.0 per 1,000 SF GFA - greater than 6,000 sf 10.0 5.0 20.0 16.7 10.0 per 1,000 SF GFA Shopping Center - 25,000 to 400,000 sf 4.0 2.5 4.0 5.0 3.3 per 1,000 SF GFA - 400,000 to 600,000 sf 4.0 3.0 4.5 5.0 4.0 per 1,000 SF GFA - greater than 600,000 sf 4.0 3.5 5.0 5.0 4.0 per 1,000 SF GFA Office Business/Professional - up to 3,000 sf 2.9 2.5 4.0 4.0 3.3 per 1,000 SF GFA - 3,001 to 10,000 sf 2.9 2.5 4.0 4.0 3.3 per 1,000 SF GFA - over 10,000 sf 2.9 2.5 4.0 4.0 3.3 per 1,000 SF GFA Governmental 5.0 2.5 4.0 4.0 3.3 per 1,000 SF GFA Medical and Dental 5.0 2.8 5.3 5.7 3.3 per 1,000 SF GFA Recreational & Community Facilities Auditoriums, Meeting Places 0.25 0.10 0.30 0.33 0.20 per Seat Hotels and Motels - guest room 1 0.5 1 1.1 1 per Guest Room - employee 0.20 2 + 0.5*per Employee - ballroom, meeting rooms, restaurants 10 5 10 per 1,000 SF GFA Residential Single Family Detached Residences 2.0 1.0 n/a 1.0 2.0 4.0 2.0 per DU Duplexes 2.0 1.0 n/a 1.0 2.0 2.0 per DU Multi-Family Dwelling Units - Efficiency Dwelling Units.1.0 1.0 n/a 1.0 2.0 1.0 1.0 per DU - One bedroom Dwelling Units 1.5 1.5 n/a 1.5 2.0 1.0 1.0 per DU - Two or more bedroom Dwelling Units 1.75 1.75 n/a 1.75 2.00 2.0 2.0 per DU - Guest Parking 0 to 20 units 0.1 0.5 0.25 per DU 21 to 50 units 0.1 0.5 0.25 per DU for units 51 and above 0.1 0.5 0.25 per DU APPENDIX B 29 |Page The comparison shows that and the parking requirements of Delray Beach are consistent with those of the chosen comparison cities on a citywide basis and are generally in conformance with the most commonly used guidelines defined by ITE in Parking Generation, Third Edition. These ratios are based on observations of peak demand for parking at single-use developments in relatively low-density settings with little alternative transportation available. The CBD parking requirements are more progressive than the Delray Beach citywide requirements and the citywide requirements of the other comparison cities and appear to appropriately reflect the characteristics found within the CBD. Incentives within City’s Land Development Code The City’s Land Development Code (LDC) does allow certain alternatives for reducing the amount of parking supply provided on site. Currently, the code allows users to calculate parking requirements for mixed-use facilities using shared parking guidelines. Additionally, the code includes a payment-in-lieu program that allows developers within the downtown area to pay into a fund instead of providing for all of the code-required parking supply on site. Two strategies to provide greater flexibility for businesses that should be considered for implementation by the City are as follows: Parking reductions based upon participation in TDM programs. Certain types of uses, primarily office uses, are well-suited for participation in Transportation Demand Management (TDM) programs. Participation in this program is already required for businesses within the CRA that employ more than 50 people; one way to increase participation is to provide reductions in parking code requirements for businesses with fewer than 50 employees who participate in the TDM program voluntarily. Participants in the program can choose to implement a number of TDM strategies, including providing subsidized transit passes, providing amenities for bicyclists, offering incentives for carpooling and/or ridesharing, etc. These programs can reduce the amount of employee-driven vehicles traveling to and from a site in a given day and can therefore result in a reduced requirement for on-site parking. Adjusting the Requirements for Participation in the Payment-In-Lieu Program. Currently, participation in the payment-in-lieu program requires businesses to demonstrate “hardship.” However, to promote a more walkable, pedestrian-friendly environment in the CBD, typically it is not desirable to require each property owner to provide large private surface parking areas, even if the surface lots could be provided on site. Therefore, business owners should be allowed to participate in the payment-in-lieu program as a standard option, without being required to demonstrate “hardship.” Balanced Mix of Land Uses within Study Area Delray Beach is a popular destination in South Florida for tourists and visitors that flock the restaurants and the specialty retail stores in downtown. The land uses within downtown Delray Beach primarily consist of residential, retail, restaurants, and a small amount of office uses. Specialty retail and restaurants form the significant majority of uses within downtown. The residential component consists of primarily multifamily and single family uses a few blocks away from the downtown core. The office uses primarily consist of small financial and professional services enterprises. Creating a balanced mix of land uses within the City, especially the downtown, will provide social, economic and transportation benefits to the City. The addition of office space within downtown will increase opportunities for intracity travel as well as provide residents with access to high skilled and better paying work opportunities within the City. It will also further the City’s goal of promoting a sustainable environment. The office population will in turn support downtown restaurants and businesses. The need for additional office space has been identified both within the Comprehensive Plan and the Downtown Delray Beach Master Plan. The City would especially like to attract Class A office buildings within downtown. Increasing Office Space within Downtown Delray Beach Office buildings are classified according to a combination of location and physical characteristics. The general office categories for real estate purposes are defined as Classes A, B, and C. Classes B and C office buildings are always defined in reference to the qualities of Class A buildings. There are no technical criteria that are available to strictly define the various classes but are somewhat based on professional judgment. The Urban Land Institute (ULI) characterizes Class A buildings as those that have excellent location and access, attract highest quality tenants, and are managed professionally. Class A office buildings are characterized by high quality building materials and finishes, modern design, and fully equipped with latest technologies and associated infrastructure. Class A buildings are usually found at the core of financial districts with larger footprints, conglomeration of enterprises, access to transportation facilities, adequate parking, air-conditioned lobbies, and state-of-the-art amenities and services. They are often occupied by banks, high-priced law firms, offices of large national or regional firms, investment banking companies, and other high-profile companies. In contrast, Class B and Class C office buildings are lower in quality and amenities. Class B office buildings have good location, management, construction, and high tenant standards but are older buildings characterized by little functional obsolescence and deterioration. Class C buildings are typically 15 to 25 years old but maintain steady occupancy. Class A buildings are more prestigious and compete for premier tenants and higher rents than Class B and Class C office buildings. Interviews with Class A Office Developers Representatives from five (5) national real estate development companies were interviewed for the purpose of gaining their input and preferences on suitable development framework to promote Class A office in Central Business Districts (CBDs).The following individuals were interviewed: ƒKevin Ryan – Related New York ƒLaura Longsworth – Brookfield Properties ƒCourtland Corbino – Trammel Crow Properties ƒDennis Pedrelli – Morgan Stanley ƒBrent Jackson – Schnitzer Northwest The major issue described by all participants is the dilemma of striking the balance of having adequate parking to market Class A office space with escalating project costs and financing issues. The slowing of the economy and tightening of lending markets has put additional pressure on developers to find innovative ways to get their project financed and leased. APPENDIX B 30 |Page Those interviewed expressed strong desire to have flexibility in providing parking, but also significant interest in public/private partnerships to make projects viable. They voiced a concern that lenders are still reluctant to provide financing if all parking needs are not met on-site. They also added that they need assistance and commitment from City governments to ensure that alternative parking and transportation programs will function as promised and can be guaranteed. All interviewed agreed that at least a portion of the parking supply for Class A office use needs to be provided onsite. Visitors and executives were mentioned as the two categories of users needing direct access to parking on site. Those interviewed stated that other users could be accommodated with parking to be provided within reasonable proximity to the office building or other transportation made available. The “rule of thumb” for most interviewees was that a parking ratio of 3 spaces per thousand square feet was needed on-site, but fewer than 2 spaces per thousand square feet could be provided if viable and attractive alternative options are available. The concerns discussed also apply to office space rehabilitation and modifications in land use. Several of those interviewed mentioned the potential difficulty in meeting required parking demand with limited options and prohibitive costs in developing on-site parking when compared to new construction. Often, a building being redeveloped is older and any attempts to add parking are difficult and adjacent on-street parking, if available, does not provide much additional supply. Parking agreements with adjacent land owners can sometimes be established, but these are not permanent and often do not provide enough guarantee of future available parking for lenders to be confident enough to provide financing. The representatives interviewed all expressed strong interest in local community support and flexibility in parking requirements. The following question was posed of the representatives: Of the programs with which they have experience, which do they feel were most viable? Following is a list of strategies identified by these representatives in response to this question: ƒReviewing each project as a unique site, rather than applying generic requirements; ƒDeveloping public/private partnerships for providing parking supply; ƒApplying shared parking calculations per ULI guidelines; ƒProviding payment-in-lieu programs; ƒAllowing TDM programs, including providing amenities that support TDM such as effective transit service and commuter resources. In summary, parking supply is viewed as an integral part to the overall development process and can sometimes be a significant obstacle to launching new office use or redeveloping a site. Those interviewed expressed a strong willingness to work with communities in the development process and the opportunity to strategize alternative parking and transportation solutions. Parking Requirement Modifications to Increase Office Space in Downtown Delray Beach Recently, the City of Delray Beach recognized the need to lessen parking requirements and let market demands dictate as an incentive to spur office development. The new ratio of 3.33 parking spaces per thousand square feet of net floor area is more progressive than the previous ratio. However, this ratio could potentially be reduced further to account for alternative modes of transportation and the presence of public parking facilities. The Delray Beach CRA has stated goals to promote the development of office space, especially Class A office, within the City’s Central Business District. Given the presence of numerous public parking facilities within the CBD, it is recommended that the City consider adoption of a “tiered” structure that provides relief for smaller office facilities. Table 5-4 shows the recommended set of guidelines for office developments within the CBD. The increased office space within the study area will also increase shuttle utilization, positively contribute to the City’s TDM measures and diversify the current mix of land uses. Table 5-4 – Recommended Office Parking Requirements within CBD Note: The distance will be measured by walking distance from the building entrance to available parking spaces. Office Size Within 660 feet of public parking facility(ies) containing minimum of 50 parking spaces Within 1,320 feet of public parking facility(ies) containing minimum of 150 parking spaces Greater than 1,321 feet from public parking facility(ies) containing minimum of 150 parking spaces Up to 5,000 s.f. 0 spaces per 1,000 s.f. (net area) 1 space per 1,000 s.f. (net area) 1 space per 333 SF (net area) 5,001 s.f.– 10,000 s.f. 1 space per 1,000 s.f. (net area) 1 space per 500 s.f. (net area) 1 space per 333 SF (net area) Above 10,001 s.f. 1 space per 333 s.f. (net area) 1 space per 333 s.f. (net area) 1 space per 333 SF (net area) APPENDIX B 31 |Page Bicycle Parking Section 4.6.9(C)(1)(c) of the City’s LDC regulates bicycle parking and requires that bicycle parking facilities be provided (in a designated area and by a fixed or stationary bike rack) for the following uses: ƒin shopping centers at the rate of five spaces per 100,000 s.f. of gross floor area; ƒat fast food restaurants, government offices and community centers, and commercial and private recreation facilities at the rate of five spaces per facility; and ƒnon-residential uses within the TCEA which, through the development review process, is determined to generate a demand. Bicycle parking is an important component of off-street parking requirements. Increasingly more communities are requiring mandatory bicycle parking with all new developments and redevelopments. The bicycle parking requirements of the following communities were reviewed as part of this Study: ƒTallahassee, FL, ƒGainesville, FL, ƒBoca Raton, FL, ƒSan Luis Obispo, ƒCA, Denver, CO ƒMiami-Dade County, FL. In addition to requiring bicycle parking as a percentage of vehicular parking requirements, these communities also have specific requirements for the types of parking facilities, including short-term and long-term parking facilities, installation of facilities, lighting, security, and design specifications of bicycle racks. For the communities reviewed, the bicycle parking requirement is generally within a range of 5 – 15 percent of the motor vehicle parking requirement, with certain land uses requiring 20 – 200 percent of the motor vehicle requirements. For example, the cities of Gainesville and Boca Raton, requires 100 percent of motor vehicle parking for elementary and high schools and 200 percent of motor vehicle parking for middle schools. The City of Boca Raton and San Luis Obispo, CA, also contain minimum requirements for short-term and long-term parking facilities. The generally preferred type of short term bicycle parking infrastructure is the “Inverted-U” rack or the “Post-and-Ring” rack, with the ability to support the bike frame at two locations. The preferred type of long-term parking facility is a locker consisting of fully enclosed lockable space in a secure, lighted area. The City of Delray Beach’s current bicycle parking requirements are relatively minimal in comparison to other communities that implement more progressive bicycle planning strategies. The bicycle parking requirements are also rather non-specific within the City’s TCEA and do not contain locational requirements. Currently, City staff has been requiring construction of bicycle parking facilities in the front of building entrances to make bicycle parking easily accessible and visible. However, it is important that these requirements be codified within the Land Development Code. The City has a significant bicycling population as observed through occupied bicycle parking throughout the downtown. Currently, there are some bicycle racks located at the Old School Square Garage, Robert Federspiel Garage, the Courthouse/Library Garage, and a few other community facilities. There are also come bicycle racks located along Atlantic Avenue within the downtown. Bicycles are also observed at non- designated locations within downtown parked and locked on light poles, trees, utility poles and other signage. In order to further the City’s vision of sustainability and to promote multimodal planning, the City’s bicycle parking requirements should be expanded citywide and should include all land uses. Especially schools, transportation facilities, sports and recreational facilities, gymnasiums, and shopping centers should have higher bicycle parking requirements since the users of these facilities are more likely use bicycles for commuting. Inverted-U Bicycle Rack Post-and-Ring Bicycle Rack Bicycle parked at a Light Pole along Atlantic Avenue APPENDIX B 32 |Page Generally, bicycle parking demand is determined by developing a correlation with either the amount of required off-street vehicle parking or calculating the requirement as a percentage of the overall building area and its occupancy. The first method provides a more straightforward way of determining bicycle parking needs; however, in an area that might seek to reduce automobile parking requirements, the number of required bicycle parking locations would also be reduced. The second method provides a more direct linkage between bicycle use and specific land uses, but can be more cumbersome for determining how many parking spaces are needed. A majority of the cities reviewed within the state and the country uses the first method of determining the number of bicycle parking spaces. As such, it is recommended that the City of Delray Beach use a similar method due to ease of implementation. Recommendation It is recommended that the City expand its current bicycle parking requirements to a citywide basis as well as expand it to include more land uses than currently included. The parking requirements outlined in Table Table 5-5 are suggested as a reference for initial implementation within the City. It should be noted that these are preliminary recommendations. The City may choose to conduct more detailed evaluations based on the City’s unique character and development review process before including these requirements within the City’s Land Development Code. The uses in the Table 5-5 are listed in the same order of the uses as listed under Section 4.6.9(C) (2) through (7) of the LDC. Table 5-5 – Recommended Citywide Bicycle Parking Requirements Uses Bike Spaces as % of required automobile spaces Minimum Long-Term Parking Spaces (2) Residential uses 5%- (3) Commercial Uses 10%- (4) Office Uses 10%- (5) Industrial Uses 10%- (6) Recreational/Community Facilities 25%- Educational Facilities 50%- (7) Other Uses 10%- Train Stations/park & ride lots 20%50% In addition to the bicycle parking requirements, the Land Development Code should also contain requirements regarding the placement of bicycle parking facilities including lighting, security and location within the site, design of short- and long-term bicycle facilities, construction of bicycle facilities including bicycle lanes and connectivity requirements to other bicycle facilities. In addition to requiring bicycle parking to be provided within private developments, the City should also provide bicycle parking within public parking facilities, transit stops/stations, and at other strategic locations within the study area in order to encourage bicycling within the community. Currently, the Railroad Lot has designated motorcycle parking spaces. It would be beneficial to provide secured bicycle parking spaces at all public parking lots, community facilities and at other convenient locations throughout the study area. Similar to the unique signage within the City, the bicycle racks can also be designed through local artists to create a unique Delray Beach identity. Shared Parking Provisions Section 4.6.9(C)(8) of the City’s LDC contains provisions for shared parking for mixed use developments within the CBD, GC, MROC, and the PC zoning districts. Shared parking for mixed use buildings allows a building that serves multiple uses to not have to provide the full amount of required parking spaces for each use individually. Tables 5-6 and 5-7 illustrate the shared parking reductions allowed by the various land uses within the City for the weekday and weekend, respectively. The reductions take into account the daily variation in parking demand for the multiple land uses. For example, the demand for parking at office buildings typically occurs during the daytime work hours between 9 A.M. and 4 P.M. Therefore, the table reflects 100 percent usage between these hours. However, during these same work hours, residential uses typically do not have a high demand for parking because the residents are normally at work. This creates the opportunity to potentially share parking spaces during these time periods. Likewise for other mixed use developments, many uses have different peak demand characteristics and therefore, typically provide the opportunity to share common parking facilities. The number of spaces that can be shared depends on, but is not limited to, the mix of land uses on the site, size of the development, and location of the parking facilities. Table 5-6 – Weekday Shared Parking Reductions Currently in City Code Use Weekday Night Midnight to 6 A.M. Day 9 A.M. to 4 P.M. Evening 6 P.M. to Midnight Residential 100%60%90% Office 5%100%10% Commercial/Retail 5%70%90% Hotel 80%80%100% Restaurant 10%50%100% Entertainment/Recreational 10%40%100% Other 100%100%100% Table 5-7 – Weekday Shared Parking Reductions Currently in City Code Use Weekend Day 9 A.M. to 4 P.M. Evening 6 P.M. to Midnight Residential 80%90% Office 10%5% Commercial/Retail 100%70% Hotel 80%100% Restaurant 50%100% Entertainment/Recreational 80%100% Other 100%100% The use of shared parking can be applied to a variety of situations to reduce the overall parking required to adequately serve individual or multiple properties. The ability to share parking spaces depends on two primary conditions: 1)Variations in the accumulation of vehicles by hour, by day, or by season at the individual land uses, and 2)Relationships among the land uses that result in less overall parking demand created by patrons visiting multiple land uses on the same vehicle trip. This typically occurs on sites that contain complementary land uses where the urban design encourages users to visit multiple uses. The sharing of parking spaces can occur through the use of both on-street and off-street parking spaces that are open to all potential users. The principles of shared parking can be implemented through various strategies, including shared parking agreements between a group of users APPENDIX B 33 |Page or property owners. Payment-in-lieu programs are also a form of shared parking, where different uses share parking in a common parking facility rather than providing parking exclusively for each individual site. The City already implements a payment-in-lieu of parking program; however, it is only available for infill development and only on the basis of hardship. In keeping with the City’s vision of sustainability and to maximize the utilization of available parking supply, it is recommended that scope of shared parking currently allowed within the City be expanded. Shared parking provisions help to reduce the oversupply of parking provided while maintaining an adequate supply of parking to serve the businesses and residences in the area. Shared parking also allows for the development area of a site to be more effectively utilized by maximizing building footprint and reducing surface parking. As noted in Shared Parking, Second Edition, published by the Urban Land Institute (ULI), “a fundamental principle of downtown planning from the earliest days of the automobile has always been to share parking resources rather than to allocate parking for each use or building.” It further notes that “[a]n oversupply of parking can result in excess storm drainage impacts and unnecessarily high expenses (surface stalls can cost $2,000 to $3,000 per space and structured spaces $15,000 to $25,000 or more). Insufficient parking can result in the intrusion of parking into neighborhoods or adjoining properties, excessive vehicle circulation, and unhappy users.” Therefore, the concept of “shared parking”—determining the overall peak demand for a mixed-use site by taking into account the variation in peak parking demand for various uses—is a valuable tool to apply to ensure that the supply provided is adequate for the site requirements but is not excessive. Incentives and Bonuses for Developments Utilizing Shared Parking Mixing different, yet compatible, land uses in the same area makes it possible to provide shared parking facilities. These land uses must be functionally linked but have different characteristics for hours of use for this program to be effective. Shared parking reduces the number of spaces required in total, which in turn lessens the amount of land and cost for parking. The incentive to developers to apply shared parking is clearly in their best interest as it can reduce the associated costs of constructing and maintaining a larger parking supply. Communities can best encourage use of this incentive by providing a clear and understandable program to apply shared parking reductions and ensuring that the City’s shared parking guidelines result in not over- or under- building the parking supply. Many communities have had great success in adopting shared parking calculation procedures as defined in ULI’s Shared Parking, Second Edition. This comprehensive manual uses a substantial amount of empirical data to estimate parking requirements and includes actual case studies that describe the implementation of shared parking practices. Different mixes of office, retail, hotel, restaurant, and residential space can quickly be analyzed to determine the optimal parking requirements through shared parking. The guideline includes weekday and Saturday parking demand ratios, hourly variations in demand, adjustments for seasonal variations and passengers per automobile. Section 4.6.9(C)8 of the City’s LDC allows for the calculation of shared parking reductions for mixed-use development. However, the City’s Code uses a generalized table that looks at maximum parking demands within five very generalized time windows (three time windows on weekdays and two time windows on weekends). The current table may be more appropriate for small mixed use developments due to the ease of application and calculations. However, for larger developments it would be more appropriate to utilize the ULI’s shared parking provision to realize the full benefits of shared parking.The adoption of the ULI procedures defined in Shared Parking, Second Edition as the methodology for calculating shared parking requirements within the City as an additional option to the current procedure defined in the City’s Code will provide an efficient and direct method of determining the appropriate shared parking reductions for mixed-use developments within the City of Delray Beach. It is also recommended that the City extend shared parking reductions to mixed use developments outside the currently specified CBD, GC, MROC, and the PC zoning districts. The City can also extend joint use of parking facilities between adjacent developments that do not have overlapping hours of operation using the same principles as that of mixed use developments. In addition to allowing shared parking reductions for private developments, the City can also implement shared parking concepts within targeted redevelopment areas within the City, such as the West Atlantic Neighborhood. The City can build public parking facilities at strategic locations within the West Atlantic Neighborhood, similar to the ones in the downtown core and the Beach District, and waive/reduce parking requirements for businesses within a specified distance of public parking facilities. This can be similar to the public parking fee program currently allowed under Section 4.6.9 (E)(4) of the City’s LDC. APPENDIX B 34 |Page CHAPTER 6 – WALKABILITY REVIEW Most trips begin and end with walking. Hence pedestrian facilities are an important component of transportation infrastructure in a community. Specifically, the pedestrian infrastructure between parking facilities and destinations will greatly affect the utilization of parking facilities. The enhancement of pedestrian facilities within the study area is also an important strategy to reduce the City’s carbon footprint, reduce green house gases and promote a more sustainable Delray Beach. As part of the study, the walkability within downtown Delray Beach was evaluated. Currently a significant majority of roadways within the study area have sidewalks on both sides with the exception of some facilities that are under construction resulting in discontinuous sidewalks. The existing sidewalk network within the study area is illustrated in Figure 6-1. Walkability Assessment The quality of roadway facilities are generally measured through level of service (LOS) performance measures for roadways. Sometimes these performance measures are extended for pedestrian and bicycle facilities. The roadway and bicycle LOS measures are fairly well defined and are applied by many communities. The roadway LOS is typically a qualitative measure of operating conditions within a roadway and their perception by drivers and/or passengers. Bicycle LOS is based on type of facility, conflicts, speed differential, vehicular LOS and provision of TDM programs. Pedestrian LOS criteria are similar and incorporate pedestrian facilities and amenities. Pedestrian LOS is considerably less developed and not as widely applied as roadway and bicycle LOS. LOS is typically assigned a grade of A through F from best to worst conditions. The general definitions of LOS “A” through “F” for pedestrian facilities are described below. ƒLOS A is a pedestrian environment where ideal pedestrian conditions exist and the factors that negatively affect pedestrian LOS are minimal. ƒLOS B indicates that reasonable pedestrian conditions exist but a small number of factors impact on pedestrian safety and comfort. As LOS A is the 'ideal', LOS B is an 'acceptable' standard. ƒLOS C indicates that basic pedestrian conditions exist but a significant number of factors impact on pedestrian safety and comfort. ƒLOS D indicates that poor pedestrian conditions exist and the factors that negatively affect pedestrian LOS are wide-ranging or individually severe. Pedestrian comfort is minimal and safety concerns within the pedestrian environment are evident. ƒLOS E indicates that the pedestrian environment is unsuitable. This situation occurs when all or almost all of the factors affecting pedestrian LOS are below acceptable standards. As part of this study, a more generalized assessment of walkability was developed based on criteria that affect pedestrians, are easily gathered, account for varying users, and produce recommendations for a wide array of improvements. The following measures of pedestrian related information were collected during the field review: ƒBlock length ƒPosted speed limit ƒLand uses along the block ƒBuilding placement ƒSidewalk width ƒSidewalk continuity/condition ƒSidewalk obstructions (furniture, trees, utility poles) ƒBuffer between sidewalk and vehicular traffic ƒShade and protection ƒStreet lighting ƒPedestrian lighting ƒDriveways and percentage of block length covered by them ƒADA accommodations at driveways and curb cuts ƒUrban design features (landscaping, art) ƒPedestrian countdown signals ƒCrosswalk locations ƒTransit stop locations ƒPedestrian accommodations at transit stops This information was then used to develop a walkability index for facilities within downtown Delray Beach. Discontinuous Sidewalk Network with Gap Sidewalk Connection to Transit Stop APPENDIX B 35 |Page Figure 6-1 – Existing Sidewalk Coverage within Study Area APPENDIX B 36 |Page Walkability Scoring Criteria A walkability score was assigned to each pedestrian facility within the downtown to determine a walkability score. The criteria and the scores that were selected to assign the scores are listed below. Sidewalks – The presence of pedestrian facilities is the most important criteria for determining the walkability score. Pedestrian facilities within the study area include sidewalks on one or either sides of roadways. There were no trails or multiuse paths within the study area. Scoring for this criterion includes: -2 points if the facility had provision for sidewalks on both sides of the street (regardless of gaps). -1 point if the facility generally only contained sidewalks on one side of the street. -0 points if the facility did not have sidewalk access. ADA Provisions – This criterion evaluates whether ADA (Americans with Disabilities Act) accommodations were provided at curb cuts and driveway crossings. Scoring for this criterion includes: -2 points if the vast majority of the facility had ADA compliant curb cuts and driveway crossings. -1 point if only a few of the curb cuts and driveway crossings were ADA compliant. -0 points where ADA provisions were non-existent. Conflicts – The presence or absence of conflicts along a facility contributes to its walkability score. Conflicts include gaps in sidewalks that interrupt continuity or the presence of obstructions, such as utility poles, signs, that compromises the effective width of the facility. Scoring for this criterion was assigned as described below: -2 points for a sidewalk facility without gaps, broken concrete, or obstructions in the sidewalk path. -0 points if a sidewalk facility had gaps, broken concrete, or obstructions in the sidewalk path. Sidewalk Width – The effective width of a sidewalk is an important component of the quality of pedestrian infrastructure. The width of a facility has a direct impact on the comfort level of the pedestrian as well as determines whether or not a wheelchair can be maneuvered along the sidewalk. Scoring for this criterion was assigned as described below: -2 points where the sidewalk width was five feet or greater. -1 point where the sidewalk width was between four and five feet. -0 points where the sidewalk width was less than four feet. Pedestrian Crossing Provisions – Pedestrian amenities such as crosswalks, pedestrian signals, and mid-block crossings increase the perception of comfort and safety for pedestrians. Scoring for this criterion was assigned as described below: -2 points where appropriate pedestrian crossing provisions were provided throughout the segment. For example, at signalized intersections, the provisions included pedestrian signals, push- button access, and marked crosswalks. At unsignalized intersections, the provisions included marked crosswalks. -1 point where the pedestrian crossing provisions were minimal (i.e. no pedestrian signals at signalized intersections, unmarked crossings at signalized intersections). -0 points where pedestrian crossing provisions were not provided. Pedestrian Lighting – Lighting is an important factor that contributes to the comfort level and perception of safety. Lighting also plays an important role in decision-making regarding walkability around parking facilities, transit facilities and public areas. Scoring for this criterion was assigned as described below: Pedestrian and Street Lighting along Sidewalk Presence of Sidewalks along Atlantic Avenue Location of Street Furniture along Sidewalk APPENDIX B 37 |Page -2 points where sidewalks were illuminated by more than one source (i.e. street lighting, awning lights, lighted bollards, lighted trees, etc.). - 1 point where the sidewalks were illuminated by an indirect source (i.e. street lighting, ambient sources, etc.). -0 points where the sidewalk was not illuminated. Buffer – The presence of buffer, including on-street parking and landscaping buffer, also contributes to comfort and safety of pedestrians. Scoring for this criterion was assigned as described below: -2 points where the buffer between the sidewalk and traffic lane was eight feet or greater. This included on-street parking. -1 point where the buffer between the sidewalk and traffic lane was less than eight feet. -0 points where no buffer was provided between the sidewalk and travel lane. Urban Design Features – Urban design features such as public art, landscaping, etc., act as visual stimulant for the pedestrian. Activity on the street sustains the interest of the pedestrian and contributes to a higher quality and a safer environment. Scoring for this criterion was assigned as described below: -2 points where the urban design features were enhanced. This includes facilities where the provision of artwork and landscaping were prevalent. -1 point where the urban design features were minimal. This generally involved facilities with only landscaping. -0 points where no distinguishable urban design features were provided. Shade and Protection – The presence of shade and protection along the facility is an important contributor in improving the comfort and quality of the pedestrian environment and makes a facility more walkable. Scoring for this criterion was assigned as described below: -2 points where the shade and protection from the elements was enhanced through significant coverage by trees or awnings. -1 point where the shade and protection from the elements provided relatively minimal protection. -0 points where shade and protection was nonexistent. Driveways as % of Block Length – Driveways act as points of conflict from a pedestrian safety perspective. The higher the driveways and cross streets the higher the opportunity for conflicts. Additionally, the curb cuts associated with driveways, if not designed properly, have the potential to negatively impact ADA safety and comfort. Scoring for this criterion was assigned as described below: -2 points to facilities where driveway conflicts were less than 20 percent of the segment length. -1 point to facilities where the driveway conflicts totaled between 20 and 50 percent of the segment length. -0 points to facilities that exhibited more than 50 percent driveway coverage. The scores associated with each of the above mentioned criterion for each facility within the study area are summarized in Table 6-1. The table also contains additional observations on the facilities that were collected during field review. These observations can be utilized in addressing the immediate needs along these facilities to improve walkability of the segment. Pedestrian and Street Lighting along Sidewalk APPENDIX B 38 |Page Table 6-1 – Study Area Walkability Assessment Criteria Sidewalks ADA Provisions Conflicts Sidewalk Width Pedestrian Lighting Pedestrian Crossing Provisions Buffer Urban Design Features Shade and Protection Driveways as % of Block Length Transit Stops NotesScoringBoth Sides - 2 Present - 2 No - 2 5+ feet - 2 Enhanced - 2 Appropriate - 2 > 8 ft - 2 Enhanced - 2 Enhanced - 2 0-20% - 2 On Street - 2 < Both Sides - 1 Minimal - 1 4-5 feet - 1 Minimal - 1 Minimal - 1 < 8 ft - 1 Minimal - 1 Minimal - 1 20%-50% - 1 W/in 2 Blocks - 1 Non-existent - 0 None - 0 Yes - 0 < 4 feet - 0 None - 0 None - 0 None - 0 None - 0 None - 0 > 50% - 0 None - 0 Street From To NW/SW 12th Ave SW 1st St NW 1st St 1 2 2 2 0 2 1 0 0 1 0 No sidewalk on W side of NW 12th Ave NW/SW 11th Ave SW 1st St NW 1st St 1 2 2 2 0 2 1 0 0 1 1 No sidewalk on west side of NW 11th Ave, and no sidewalk along either side of SW 11th Ave NW/SW 10th Ave SW 1st St NW 1st St 1 2 0 2 0 2 1 0 0 1 1 No sidewalk on W side of NW 10th Ave NW/SW 9th Ave SW 1st St NW 1st St 1 2 0 2 0 2 1 0 0 0 1 Driveway apron at Atlantic versus curb radii symbolizing a true intersection NW/SW 8th Ave SW 1st St NW 1st St 1 2 2 2 0 2 1 0 0 1 1 No sidewalk on W side of NW 8th Ave NW/SW 7th Ave SW 1st St NW 1st St 1 2 2 2 0 2 1 0 0 2 1 No sidewalk on E side of SW 7th Ave NW/SW 6th Ave SW 1st St NW 1st St 2 1 0 2 1 1 1 0 0 0 1 Street lights reduce sidewalk width to < than 4'. Wide driveways at fire station cause difficulty in delineating sidewalk. Consider crosswalk guide striping. NW/SW 5th Ave. has beautiful streetscaping; however there are lighting poles and other impediments along the sidewalk. NW/SW 5th Ave SW 1st St NW 1st St 2 2 0 1 2 2 2 2 1 0 2 NW/SW 4th Ave SW 1st St NW 1st St 2 2 0 2 1 2 2 0 0 1 1 NW 3rd Ave SW 1st St NW 1st St 2 2 2 2 0 2 2 1 1 2 1 NW/SW 2nd Ave SW 2nd St W Atlantic Ave 2 1 2 2 1 1 2 1 1 2 0 Midblock crossing at garage. Only 2 marked crosswalks at SW 1st St but ADA detectable warning surfaces provided. NW/SW 2nd Ave NW 1st St NW 2nd St 1 1 0 2 0 2 2 0 0 2 0 No sidewalk on W side, only near parking lot NW/SW 1st Ave SW 2nd St W Atlantic Ave 1 1 0 2 0 1 2 0 1 2 0 NW/SW 1st Ave W Atlantic Ave NW 2nd St 2 1 0 2 0 1 2 1 1 2 0 N/S Swinton Ave SW 2nd St Atlantic Ave 2 2 2 2 1 2 2 1 1 1 0 N/S Swinton Ave Atlantic Ave NW 2nd St 2 2 0 2 2 2 2 2 1 1 2 Conflict encountered at NW 1st St intersection - signal controller impedes pathway. Also, at theater on east side, the sidewalk is not continuous. APPENDIX B 39 |Page Criteria Sidewalks ADA Provisions Conflicts Sidewalk Width Pedestrian Lighting Pedestrian Crossing Provisions Buffer Urban Design Features Shade and Protection Driveways as % of Block Length Transit Stops NotesScoringBoth Sides - 2 Present - 2 No - 2 5+ feet - 2 Enhanced - 2 Appropriate - 2 > 8 ft - 2 Enhanced - 2 Enhanced - 2 0-20% - 2 On Street - 2 < Both Sides - 1 Minimal - 1 4-5 feet - 1 Minimal - 1 Minimal - 1 < 8 ft - 1 Minimal - 1 Minimal - 1 20%-50% - 1 W/in 2 Blocks - 1 Non-existent - 0 None - 0 Yes - 0 < 4 feet - 0 None - 0 None - 0 None - 0 None - 0 None - 0 > 50% - 0 None - 0 Street From To NE/SE 1st Ave SE 2nd St E Atlantic Ave 2 1 0 2 1 1 1 1 0 1 0 Half of the street is closed off for the park. Sidewalk not provided in front of garage; difficult to find entrance. Ped lighting only from park & retail on south end. Does not have sufficient lighting. NE/SE 1st Ave E Atlantic Ave NE 2nd St 2 1 2 2 1 1 2 1 1 2 0 NE/SE 2nd Ave SE 2nd St E Atlantic Ave 1 1 0 2 1 1 1 1 1 0 0 South of SE 1st St -no pedestrian amenities provided NE/SE 2nd Ave E Atlantic Ave NE 2nd St 2 2 2 2 1 2 2 2 2 2 0 NE/SE 3rd Ave SE 2nd St E Atlantic Ave 2 2 0 2 0 0 1 0 0 2 0 No crosswalks. Much of the west side of the street is vacant land. NE/SE 3rd Ave NE 1st St NE 2nd St 1 2 2 2 0 2 1 1 1 2 1 Railroad section contains no pedestrian facilities and often used as a cut- through for vehicles avoiding traffic on Atlantic. Consider closure or conversion to parking except for local deliveries. NE/SE 4th Ave SE 2nd St E Atlantic Ave 2 1 2 2 0 1 2 1 2 2 1 1 point for ped signal at Atlantic Ave NE/SE 4th Ave E Atlantic Ave NE 2nd St 2 2 2 2 1 2 2 1 1 2 1 NE/SE 5th Ave SE 2nd St E Atlantic Ave 2 0 2 2 1 2 1 0 0 1 2 Severe ADA violations at crosswalks. Drainage inlets at the bottom of the ramps in some places. Many driveway crossings exceed 2% cross slope and do not provide path behind at 2%. NE/SE 5th Ave E Atlantic Ave NE 1st St 2 1 2 2 1 2 1 0 0 2 1 NE/SE 6th Ave SE 2nd St E Atlantic Ave 2 0 2 2 1 2 1 0 0 1 2 Severe ADA violations at crosswalks. Drainage inlets at the bottom of the ramps in some places. Many driveway crossings exceed 2% cross slope and do not provide path behind at 2% NE/SE 6th Ave E Atlantic Ave NE 1st St 2 1 2 2 1 2 1 0 0 2 1 NE/SE 7th Ave SE 2nd St E Atlantic Ave 1 1 0 2 1 0 1 0 0 1 1 Significant gaps NE/SE 7th Ave E Atlantic Ave NE 1st St 2 1 2 2 1 2 2 0 0 2 1 APPENDIX B 40 |Page Criteria Sidewalks ADA Provisions Conflicts Sidewalk Width Pedestrian Lighting Pedestrian Crossing Provisions Buffer Urban Design Features Shade and Protection Driveways as % of Block Length Transit Stops NotesScoringBoth Sides - 2 Present - 2 No - 2 5+ feet - 2 Enhanced - 2 Appropriate - 2 > 8 ft - 2 Enhanced - 2 Enhanced - 2 0-20% - 2 On Street - 2 < Both Sides - 1 Minimal - 1 4-5 feet - 1 Minimal - 1 Minimal - 1 < 8 ft - 1 Minimal - 1 Minimal - 1 20%-50% - 1 W/in 2 Blocks - 1 Non-existent - 0 None - 0 Yes - 0 < 4 feet - 0 None - 0 None - 0 None - 0 None - 0 None - 0 > 50% - 0 None - 0 Street From To W Atlantic Ave NW/SW 12th Ave NW/SW 5th Ave 2 2 2 2 1 2 2 1 1 2 2 W Atlantic Ave NW/SW 5th Ave NW/SW 2nd Ave 2 2 2 2 1 2 2 2 1 2 2 W Atlantic Ave NW/SW 2nd Ave Swinton Ave 2 2 2 2 1 2 2 2 2 1 2 E Atlantic Ave Swinton Ave NE/SE 4th Ave 2 1 2 2 2 1 2 2 2 2 1 Consider striped crossing at RR tracks & crosswalk striping at all intersections along Atlantic Ave. Hard to delineate crosswalk. Sidewalk dining reduces effective width to < 5'. E Atlantic Ave NE/SE 4th Ave ICW 2 1 2 2 2 1 2 2 2 2 1 Ped buttons at 5th and 6th difficult to locate because they are on signal poles. Consider pedestal mounted buttons. Sidewalk dining reduces width to <5' NW 1st St NW 1st Ave Swinton Ave 2 2 2 2 0 2 2 0 1 1 1 NW 2nd St NW 2nd Ave Swinton Ave 2 2 2 2 0 1 2 0 1 2 0 SW 1st St SW 2nd Ave Swinton Ave 2 1 0 2 0 2 2 0 1 1 0 SW 2nd St SW 2nd Ave Swinton Ave 2 1 0 2 0 2 2 0 1 1 0 NE 1st St Swinton Ave NE 4th Ave 2 1 2 2 1 1 2 1 2 1 1 Ped crossings severely lacking at RR. Lighting generally comes from the intersecting north-south roadways. NE 1st St NE 4th Ave ICW 2 2 2 2 1 1 2 1 1 1 2 NE 2nd St Swinton Ave NE 4th Ave 2 2 2 2 1 1 2 2 1 1 0 Lighting from north-south streets SE 1st St Swinton Ave SE 4th Ave 2 1 0 2 1 1 2 0 1 1 0 Ped crossings severely lacking at RR. Lighting generally comes from the intersecting north-south roadways. SE 1st St SE 4th Ave ICW 2 1 0 2 1 1 2 0 1 1 0 SE 2nd St Swinton Ave SE 4th Ave 2 1 0 2 0 1 2 0 0 1 0 Sidewalk severely cracked on south side of 1st St. Does not feel safe. SE 2nd St SE 4th Ave ICW 2 1 0 2 0 1 2 0 0 1 0 APPENDIX B 41 |Page Walkability Scores The walkability scores from Table 6-1 were adjusted by weighted point scores to derive an overall walkability score for the street segments. Each of the walkability scoring criteria was assigned a weight based on the affect on overall walkability. These criteria are based on overall perception from a pedestrian viewpoint and are not intended to be rigid. These weights may be adjusted as necessary based on the ultimate goals of the community. The weights assigned to each of the scoring criteria are listed in Table 6-2. Based on the assigned weights, the maximum score that a segment can receive is 104. Table 6-2 – Assigned Weights for Walkability Factors Criterion Weight Sidewalks 10 ADA Provisions 8 Conflicts 6 Sidewalk Width 6 Pedestrian Lighting 5 Pedestrian Crossing Provisions 4 Buffer 4 Urban Design Features 3 Shade and Protection 3 Driveways as % of Block Length 3 Maximum Total Weighted Score 104 Table 6-3 shows the overall weighted score assigned for each of the study area street segments based on the criteria and the weighted point scores. The segments in the table are sorted by their overall walkability scores from highest to lowest. The total weighted scores were converted back to a 100 for ease of review. The weighted scores sorted by the following score ranges: ƒExcellent – 85 - 100 ƒEnhanced – 70 - 84 ƒAverage – 60 - 69 ƒMinimal – Less than 60 Downtown Delray Beach is generally considered to be a pedestrian- friendly environment with a well connected network of sidewalks along all roadways and supporting amenities including pedestrian lighting, ADA provisions, buffer, landscaping and public art. Additionally, the lower traffic speeds (less than 35 mph) along roadways within the downtown increases pedestrian safety and comfort. The location of buildings closer to the street and the variety of retail and commercial activity also improves the quality of the pedestrian environment. The streets also have on-street parking that serves as a buffer between vehicles and pedestrians along the sidewalk. As evidenced from the walkability scores of roadways within the study area, Atlantic Avenue through downtown Delray Beach and the north- south roadways closer to downtown have higher scores on the walkability index compared to the other streets outside the downtown core. Figure 6- 2 shows the study area segments by their walkability score ranges – enhanced, average and minimal walkability segments. APPENDIX B 42 |Page Table 6-3 – Study Area Walkability Assessment Criteria Sidewalks ADA Provisions Conflicts Sidewalk Width Pedestrian Lighting Pedestrian Crossing Provisions Buffer Urban Design Features Shade and Protection Driveways as % of Block Length Score Both Sides - 2 Present - 2 No - 2 5+ feet - 2 Enhanced - 2 Appropriate - 2 > 8 feet - 2 Enhanced - 2 Enhanced - 2 0-20% - 2 < Both Sides - 1 Minimal - 1 4-5 feet - 1 Minimal - 1 Minimal - 1 < 8 feet - 1 Minimal - 1 Minimal - 1 20%-50% - 1 Non-existent - 0 None - 0 Yes - 0 < 4 feet - 0 None - 0 None - 0 None - 0 None - 0 None - 0 > 50% - 0 Weight 10 8 6 6 5 4 4 3 3 3 Score (out of 100)Street From To 95 NE 2nd Ave E Atlantic Ave NE 2nd St 2 2 2 2 1 2 2 2 2 2 92 W Atlantic Ave NE 2nd St NW/SW 2nd Ave 2 2 2 2 1 2 2 2 1 2 92 W Atlantic Ave NW/SW 2nd Ave Swinton Ave 2 2 2 2 1 2 2 2 2 1 89 NE 4th Ave E Atlantic Ave NE 2nd St 2 2 2 2 1 2 2 1 1 2 89 W Atlantic Ave NW/SW 12th Ave NW/SW 5th Ave 2 2 2 2 1 2 2 1 1 2 88 E Atlantic Ave Swinton Ave NE/SE 4th Ave 2 1 2 2 2 1 2 2 2 2 88 E Atlantic Ave NE/SE 4th Ave ICW 2 1 2 2 2 1 2 2 2 2 87 S Swinton Ave SW 2nd St Atlantic Ave 2 2 2 2 1 2 2 1 1 1 86 NE 2nd St Swinton Ave NE 4th Ave 2 2 2 2 1 1 2 2 1 1 85 NW 3rd Ave SW 1st St NW 1st St 2 2 2 2 0 2 2 1 1 2 83 N Swinton Ave Atlantic Ave NW 2nd St 2 2 0 2 2 2 2 2 1 1 83 NE 1st St NE 4th Ave ICW 2 2 2 2 1 1 2 1 1 1 79 NW 1st St NW 1st Ave Swinton Ave 2 2 2 2 0 2 2 0 1 1 78 NW 2nd St NW 2nd Ave Swinton Ave 2 2 2 2 0 1 2 0 1 2 78 NE 1st St Swinton Ave NE 4th Ave 2 1 2 2 1 1 2 1 2 1 78 SW 2nd Ave SW 2nd St W Atlantic Ave 2 1 2 2 1 1 2 1 1 2 76 SE 4th Ave SE 2nd St E Atlantic Ave 2 1 2 2 0 1 2 1 2 2 76 NE 7th Ave E Atlantic Ave NE 1st St 2 1 2 2 1 2 2 0 0 2 74 NW/SW 5th Ave SW 1st St NW 1st St 2 2 0 1 2 2 2 2 1 0 72 NE 5th Ave E Atlantic Ave NE 1st St 2 1 2 2 1 2 1 0 0 2 72 NE 6th Ave E Atlantic Ave NE 1st St 2 1 2 2 1 2 1 0 0 2 71 NE 3rd Ave NE 1st St NE 2nd St 1 2 2 2 0 2 1 1 1 2 69 NW/SW 4th Ave SW 1st St NW 1st St 2 2 0 2 1 2 2 0 0 1 APPENDIX B 43 |Page Criteria Sidewalks ADA Provisions Conflicts Sidewalk Width Pedestrian Lighting Pedestrian Crossing Provisions Buffer Urban Design Features Shade and Protection Driveways as % of Block Length Score Both Sides - 2 Present - 2 No - 2 5+ feet - 2 Enhanced - 2 Appropriate - 2 > 8 feet - 2 Enhanced - 2 Enhanced - 2 0-20% - 2 < Both Sides - 1 Minimal - 1 4-5 feet - 1 Minimal - 1 Minimal - 1 < 8 feet - 1 Minimal - 1 Minimal - 1 20%-50% - 1 Non-existent - 0 None - 0 Yes - 0 < 4 feet - 0 None - 0 None - 0 None - 0 None - 0 None - 0 > 50% - 0 Weight 10 8 6 6 5 4 4 3 3 3 Score (out of 100)Street From To 68 NE 1st Ave E Atlantic Ave NE 2nd St 1 1 2 2 1 1 2 1 1 2 65 NW/SW 7th Ave SW 1st St NW 1st St 1 2 2 2 0 2 1 0 0 2 63 NW/SW 12th Ave SW 1st St NW 1st St 1 2 2 2 0 2 1 0 0 1 63 NW/SW 11th Ave SW 1st St NW 1st St 1 2 2 2 0 2 1 0 0 1 63 NW/SW 8th Ave SW 1st St NW 1st St 1 2 2 2 0 2 1 0 0 1 62 NW 1st Ave W Atlantic Ave NW 2nd St 2 1 0 2 0 1 2 1 1 2 62 SE 5th Ave SE 2nd St E Atlantic Ave 2 0 2 2 1 2 1 0 0 1 62 SE 6th Ave SE 2nd St E Atlantic Ave 2 0 2 2 1 2 1 0 0 1 61 SE 1st St Swinton Ave SE 4th Ave 2 1 0 2 1 1 2 0 1 1 61 SE 1st St SE 4th Ave ICW 2 1 0 2 1 1 2 0 1 1 60 SW 1st St SW 2nd Ave Swinton Ave 2 1 0 2 0 2 2 0 1 1 60 SW 2nd St SW 2nd Ave Swinton Ave 2 1 0 2 0 2 2 0 1 1 57 SE 1st Ave SE 2nd St E Atlantic Ave 2 1 0 2 1 1 1 1 0 1 56 SE 3rd Ave SE 2nd St E Atlantic Ave 2 2 0 2 0 0 1 0 0 2 53 SE 2nd St Swinton Ave SE 4th Ave 2 1 0 2 0 1 2 0 0 1 53 SE 2nd St SE 4th Ave ICW 2 1 0 2 0 1 2 0 0 1 51 NW/SW 10th Ave SW 1st St NW 1st St 1 2 0 2 0 2 1 0 0 1 51 NW/SW 6th Ave SW 1st St NW 1st St 2 1 0 2 1 1 1 0 0 0 50 NW/SW 2nd Ave NW 1st St NW 2nd St 1 1 0 2 0 2 2 0 0 2 49 NW/SW 1st Ave SW 2nd St W Atlantic Ave 1 1 0 2 0 1 2 0 1 2 48 NW/SW 9th Ave SW 1st St NW 1st St 1 2 0 2 0 2 1 0 0 0 47 SE 2nd Ave SE 2nd St E Atlantic Ave 1 1 0 2 1 1 1 1 1 0 40 SE 7th Ave SE 2nd St E Atlantic Ave 1 1 0 2 1 0 1 0 0 1 Color Code Key: Red = 0; Yellow = 1; Green = 2 APPENDIX B 44 |Page Figure 6-2 – Walkability Scores within Study Area APPENDIX B 45 |Page Existing Regulatory Framework Even though the provision of sidewalks and other pedestrian facilities is necessary to promote walkability; just providing these facilities alone is not enough to guarantee a pedestrian friendly environment. There are other planning components that need to be put in place to ensure that the pedestrian infrastructure can serve as a viable transportation option while also supporting the roadway and transit infrastructure. The success of a downtown is largely determined by the quality of its pedestrian environment – whether it is residents walking from their homes to downtown, shuttle rider walking from the transit stop to a destination, or a motorist walking from a parking lot/garage to a destination. Opportunities need to be made available for people to walk comfortably between origins and destinations. Some of the elements that support walkability and the extent to which they are addressed within the City’s Land Development Code, Comprehensive Plan and other general plans are summarized below. Mix of Uses – The City of Delray Beach has several mixed use districts (Central Business District, Mixed Residential Office and Commercial District, Residential Office District and Planned Development Districts) and some mixed housing districts (Planned Residential Development District). Master Planning Requirements – The Planned Development Districts, like the Planned Residential Development District, have minimum open space requirements and several other special regulations related to site layout including coordinated landscape and street furniture design and integrating pedestrian way design into the overall site design. Outside of PDDs, these elements are limited or nonexistent. High Levels of Street Connectivity – The City’s design standards minimally address connectivity by prohibiting dead-end streets without provision of a turnaround. Although connectivity is likely addressed through master plan requirements in PDDs, no explicit connectivity requirements exist. High Residential Density – By right, medium density is the densest purely residential district (6 to 12 units/acre). No exclusively high density residential districts exist by right. Exceptions do exist in overlay districts and infill workforce housing areas. Multi-family housing is allowed in the Planned Residential Development District, the Central Business District, OSHAAD District, and the Mixed Residential Office & Commercial District. Pedestrian Access to Community Facilities – The City’s Land Development Code contains the following requirements to promote access to community facilities: ƒIn April 2000, the Low Density and Medium Density Residential District regulations were amended to allow pocket parks as a principal use. ƒThe Low and Medium Density Residential District regulations require recreational areas for all new rental apartment developments and owner-occupied developments which have homeowners associations that must care for retention areas, private streets, or common areas. It also requires the areas to be appropriate for youth of all ages. ƒThe land development regulations require easements to and installation of bus shelters for new residential projects over 25 units and nonresidential projects over 10,000 square feet if they are adjacent to existing or future Palm Tran bus stops (or make contribution if project is not adjacent to bus stop or if one already exists). ƒSafe and convenient non-vehicular (e.g. pedestrian and bicycle) access to mass transit, including Tri-rail and Palm Tran, is required for redevelopment projects within the MROC zoning district to support increased residential densities and mixed-use development. Street-Level Details – The provision of street level architectural and urban design features are an important component of enhancing the quality of the pedestrian environment. These details include transparent windows and doors at street level, orientation of building to street, and pedestrian buffers. The City’s Land Development Code has excellent provisions for street level detail and promoting pedestrian friendly commercial areas in the Central Business District, specifically on Atlantic Avenue. These include requirements for the amount of display windows, bringing storefronts closer to the street, parking in the rear of buildings, open space provisions, the addition of public open space plazas, and payment-in-lieu of meeting parking requirements. There are also requirements for the type of uses that may be on the ground floor as a permitted use on Atlantic Avenue in the Central Core Area or the Beach Area. Outside of this area, regulations are minimal. Quality Place-Making – Placemaking is an important factor in developing a pedestrian friendly urban environment. Components of quality placemaking includes well laid-out public streets, squares, plazas and parks with human scale design elements, landscaping and public art. The following actions were undertaken by the City to promote placemaking principles within downtown Delray Beach. ƒIn 2005, the City amended Article 6.3 of the Land Development Regulations to allow sidewalk cafes. ƒAs part of the West Atlantic Avenue Redevelopment Plan, public open space plazas were added as a permitted use. ƒThe City requires bicycle parking and facilities on all new development and redevelopment. ƒThe City recently instituted a policy that requires the City Engineer to annually review pedestrian and bike crash locations to establish common patterns and/or locations. The policy requires the City to undertake specific alterations to reduce their occurrence. (FY 2010/11) ƒThe City is investigating the feasibility of providing a car-free zone (FY 2009/10) (Transportation Element Policy B-3.2 of the comprehensive plan). ƒThe City requires construction of sidewalks on both sides of the street (exceptions do exist). In commercial areas, sidewalks are required to be between five and 10 feet in width. In all other areas, sidewalks are required to be at least five feet in width, with a two-foot separation from street pavement or curb section requirement. City Initiatives to Improve Walkability The City established a Transportation Concurrency Exception Area (TCEA) for the purpose of downtown revitalization. The TCEA promotes transit and walkability through many requirements including installation of additional bike facilities, eliminating missing sidewalk links, and providing intermodal linkages between different types of transportation. Transportation Concurrency requirements do not apply within the TCEA. (See Policies D-3.1 – D-3.9 of the Transportation Element of the Comprehensive Plan for complete details). With the 2009 passage of Senate Bill 360, the entire City of Delray Beach has been designated as a Dense Urban Land Area (DULA) thus qualifying as a citywide TCEA. The Transportation Element of the City’s Comprehensive Plan contains a policy APPENDIX B 46 |Page to eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 09/10. The City has undertaken several neighborhood redevelopment plans (Osceola Park, Seacrest/Del-Ida, etc.) that seek to improve walkability. These plans include traffic calming measures, improvements to pedestrian traffic circulation, public transportation, and streetscape improvements. In addition, the City has also implemented the following measures that relate to promoting walkability: ƒPublic street beautification program for median and perimeter landscaping ƒAnnual budgeting of funds to maintain streetscapes ƒMaintenance of a street marking and traffic controls program ƒProgram to support City character by encouraging street trees for green linkages (FY2008/09) The City has adopted a Bicycle and Network Plan and a Parks and Recreation System Master Plan. The City is working to ensure that these plans include linkages to all the major attractions and destinations within and outside the City. The design standards of the City’s ordinance requires a development that is located between improved portions of a bicycle trail system to make provisions for the completion of any unimproved linkage. The City has also adopted a policy to develop a scenic recreation network. The Engineering Division has inventoried obstructions in the city’s travelways and requires obstructions (power poles, etc.) to be removed during reconstruction projects. The City initiated a free shuttle bus system in 2006 called the Downtown Roundabout. The shuttle system acts as a supplement to the existing Palm Tran routes and provides service through two routes. Route 1 operates from the Delray Beach Tri Rail station to the Beach and Route 2 operates from the Delray Beach public library to the beach and up and down along SR A1A connecting to hotels and retail. The City is in the process of evaluating the service and the routes to determine service improvements. More detail on this service is provided in Chapter 8. Recommendations to Improve Walkability Communities across the nation are adopting a shift in philosophy with regard to transportation planning and design. Many are moving from an auto-oriented approach to a complete street approach. A “complete street” is one that provides mobility, convenience, and safety for all users of the roadway including pedestrians, bicyclists, transit users, and motorists. This paradigm shift can be attributed to the renewed awareness that a street’s purpose is not just to move cars, but to enhance the livability and the urban environment of the communities. As mentioned earlier, walking is the basis of all trips. Hence the overall transportation infrastructure is only as successful as the quality of the walking environment. Enhancing walkability will benefit not just the pedestrian mode but also other modes such as the automobile and transit through enhanced connections between these modes. The vision for Downtown Delray Beach as laid out by the City is to develop in a manner that is characterized by physical cohesiveness through compact, mixed use, moderate to high density development that promotes walkability. A major goal for development within the study area is to create a distinctive sense of place through proper planning and design. Therefore, the study area should be designed to encourage convenient alternatives to automobile travel, promote efficient use of land, and create identifiable centers for the City’s diverse communities. Especially within the downtown core, walkability should be an important consideration while designing streets and properties fronting the street. The pedestrian zone is the most important element of a downtown street and must be designed to fully accommodate pedestrians. Due to the high pedestrian volumes and increased civic activity along downtown streets, such as Atlantic Avenue, NE/SE 2nd Street, NE/SE 2nd Avenue, the pedestrian zone should be clearly marked and identifiable. Pedestrian features should include wide sidewalks and several pedestrian amenities. Sidewalks along downtown streets should be typically eight to 10 feet of clear unobstructed space to allow two couples to pass comfortably. Even under constrained conditions, sidewalks should have a minimum clear width of five feet. Furnishings and amenities in the sidewalk zone enhance the pedestrian environment of the downtown street. Sidewalk amenities include pedestrian scaled lighting, signage, furniture, public art, street trees, transit shelters, and trash receptacles. Specific recommendations to improve the pedestrian environment within the study area streets are listed below: ƒProvide pedestrian crosswalks and ADA-compliant crossings at all Railroad crossings. ƒIntersections along Atlantic Avenue in the central core area generally do not have clearly delineated crosswalks. Currently, the pedestrian crossing locations have pavers with no striping and do not represent a clear path for those who may be visually impaired. The crosswalks should be painted in accordance with the Manual on Uniform Traffic Control Devices, 2009 or enhanced with colored pavers to clearly delineate the path. ƒThe pedestrian crossing buttons at the Atlantic Avenue and NE 5th Avenue and Atlantic Avenue and NE 6th Avenue intersections are mounted to the signal span-wire poles. These poles are generally located away from the path of the pedestrian and the buttons are sometimes hard to find. Pedestals should be provided for the pedestrian push buttons at these locations as well as others that might have similar issues. ƒOn-street dining can oftentimes encroach into the minimum five- feet effective pedestrian space along Atlantic Avenue. While it is important to encourage activities along the downtown streets, it is also important to ensure that an effective clear width of five- feet is available as much as possible. ƒA signal controller is located at the top of the pedestrian curb ramp at the intersection of N Swinton Avenue & NE 1st Avenue. It is recommended that the City move the controller cabinet out of the sidewalk. ƒIt is recommended that pedestrian facilities be provided along NE 3rd Avenue (adjacent to FEC rail line) to make this a more pedestrian friendly corridor. ƒSome of the driveway crossings along U.S. 1 force the sidewalk to exceed a 2 percent cross slope. It is recommended that a APPENDIX B 47 |Page maximum 2 percent cross slope be maintained along each sidewalk. ƒCurb inlets are provided very close to the curb ramps at intersections along U.S. 1. The crosswalks should be relocated such that the inlets do not fall within or partially obstruct the curb ramps. ƒContinued coordination with Tri-Rail and Palm Tran is crucial to ensure continued operations, appropriate stop locations, and improvements to the system including efficient coordination with the downtown roundabout schedules. In addition to designing streets, public spaces and buildings to be pedestrian-friendly, it is also important to ensure that the downtown destinations are well connected with transit and parking facilities. Convenient pedestrian connections between parking facilities and downtown destinations are an important consideration to promote maximum utilization of parking facilities. If adequate and safe pedestrian connections are not provided between parking facilities and destinations, there is no incentive for motorists to park at long-term parking facilities such as parking garages and lots that are more than two or three blocks from the downtown. It will result in long term users taking up valuable on- street parking spaces that are meant for short-term usage. This will result in overutilization of on-street spaces and parking lots close to downtown core and underutilization of parking facilities that are slightly farther away from downtown core. The following recommendations relate to improvement of pedestrian facilities and connections around the parking facilities within the study area: ƒBankers Row Lot (P13) is located on the outskirts of the Central Core area and generally only serves the small businesses around it during the weekdays. The sidewalks between P13 and Atlantic Avenue are fragmented, thus decreasing their appeal to pedestrians. The sidewalk connections around P13 should be improved to provide better connection between the facility and Atlantic Avenue and to render P13 as a viable parking facility during the weekends and evenings. Also, P12 (Old School Square Garage) is located approximately midway between P13 and Atlantic Avenue. Therefore it is more convenient for pedestrians wishing to visit Atlantic Avenue. ƒOld School Square Garage (P12) does not have pedestrian facilities located along its western side. Currently this facility is significantly underutilized. Signs should be provided to indicate that pedestrians parked in the garage should use the entrance on the southern side of the garage instead of the eastern or western ends of the garage. Pedestrian lighting should be provided along the pathways through the open space between Atlantic Avenue and P12 so pedestrians feel safe in the dark. ƒCurrently pedestrians parked in Railroad Lot (P11) must walk down the wide drive aisle to get to Atlantic Avenue. There are no pedestrian connections between the facility and Atlantic Avenue. It is recommended that pedestrian facilities be provided from the facility to Atlantic Avenue. Pedestrian level lighting is also recommended at this facility. ƒSW 4th Ave parking lot (P20) does not have adequate lighting and serves as a challenge to pedestrians in the dark. Additionally there is no proper signage at the facility indicating public parking. This facility is also underutilized due to the above reasons as well as the limited amount of retail around this facility. It is recommended that signage and pedestrian lighting be improved at this facility. ƒIt is not quite clear if NW 5th Ave lot (P21 near fire station) is intended for public parking. There is no signage at the facility indicating public parking. Proper signage needs to be provided at this facility. Wide driveways at the fire station cause difficulty for a pedestrian to delineate the crossing. This could cause confusion for users of P21. It is recommended that any driveway crossings greater than 25 feet be striped as crosswalks to provide pedestrians with a delineated path to the other side. APPENDIX B 48 |Page CHAPTER 7 – TRANSPORTATION DEMAND MANAGEMENT Transportation Demand Management (TDM) is a term for strategies aimed to achieve efficient use of the transportation system without physical modifications to the transportation network. TDM strategies are policies or programs intended to achieve shifts in travel patterns such as shifting from automobile to non-automobile modes, from single-occupant vehicles to higher occupancy vehicles, and from peak-hour travel to off-peak travel. TDM strategies typically involve employers and public agencies who can influence the travel behavior of employees and citizens. Some of the benefits of TDM strategies include congestion mitigation, energy and fuel conservation, savings in parking and road costs, and improvement in safety and overall mobility. The basic premise of TDM is that roadway congestion in urban areas can be reduced by changing the travel habits of commuters and by increasing public awareness of travel choices. If a significant number of commuters can vary when and how they travel to work or school, the peak-hour traffic volumes can be significantly reduced and the traffic can be spread more evenly throughout the day. TDM programs are currently being successfully utilized in urban areas across the country. The more common TDM strategies that are in use include ridesharing, telecommuting, flexible work weeks, bicycle and pedestrian master planning, parking management, and transit incentives. Why implement a TDM program? Traffic congestion impacts the majority of urban and metropolitan areas across the country. In most areas the peak-hour roadway capacity has not been able to keep pace with the increasing number of cars on the road. TDM programs result in reduction in single-occupant vehicles while promoting shifts in travel patterns from peak hours to non-peak hours and automobile modes to other modes. The reduction in travel associated with implementation of TDM strategies can also translate into reduced parking demands. A reduction in parking demand within urban areas, specifically downtowns, can translate into several benefits including reduction in vehicle miles traveled (VMT), green house gases and congestion. In addition to the environmental benefits, there are also economic benefits associated with TDM programs. Carpooling (or ridesharing) can save a household up to $100 a month, depending on the length of the commute. Using transit instead of driving can save a household even more. The overall reduction in household transportation costs combined with the environmental benefits is increasing the interest and participation in TDM activities. TDM strategies are specifically targeted to reduce single occupancy vehicles. A small percentage increase from single occupancy vehicles to higher occupancy vehicles can result in significant economic benefit to the City and businesses by bringing in additional people within the downtown while maintaining roadway and parking capacity. The reduction in travel associated with implementation of TDM strategies can translate into reduced parking demands. How TDM Program is implemented? Many local governments provide opportunities to reduce the required parking for a development through implementation of a defined TDM program. The parking reduction is accompanied by a transportation analysis utilizing professionally accepted methodology demonstrating a reduction in vehicle trips associated with the TDM program and a commitment to monitor and report the participation in the TDM program. The commitment is typically formalized in a development agreement approved by the local government that defines the TDM program, including monitoring and reporting conditions, and addresses any actions which may be required to mitigate poor TDM performance. TDM programs are typically implemented by employers with assistance from local governments and regional transportation agencies. Participation in TDM programs is generally voluntary and incentivized; however, some local governments have mandatory TDM requirements associated with development projects. The most common TDM strategies are ridesharing and vanpooling (with guaranteed ride home program and preferential parking), transit pass discounts, commuter tax benefits, flexible work schedules, and promotion of bicycling and walking (with corresponding facilities). Applicability within Delray Beach The City and the CRA have undertaken several efforts to transform downtown Delray Beach into a pedestrian and transit friendly downtown. A significant amount of pedestrian activity can be observed within Downtown Delray Beach, especially along Atlantic Avenue and the side streets within the retail core. The City has also implemented a downtown shuttle to provide an additional mode of transportation for residents and visitors in the downtown and the beach area. However, traffic congestion is still an issue within the study area during peak hours of commuting and recreation. Parking facilities along Atlantic Avenue and within one block of Atlantic Avenue are heavily utilized while the facilities that are located a few blocks out are significantly underutilized. There is also a problem with employees taking up convenient short-term parking spots that are in close proximity to the retail core thereby limiting parking choices for visitors and business patrons. The City of Delray Beach’s Land Development Code provides for the establishment of TDM measures but does not include specific steps or policies toward implementation. The implementation of TDM strategies would have a positive effect on traffic congestion and parking availability. The City of Delray Beach is an excellent candidate for implementation of a TDM program targeted towards reducing single-occupancy vehicles and providing incentives for employees to take up long-term parking spaces farther from downtown. Potential TDM Programs for implementation within Delray Beach are listed below. Strategy 1 – Carpooling Carpooling refers to the shared use of a car, especially for commuting to work. Carpooling is the most common and cost effective form of ridesharing. Generally, a formal carpooling service is provided by a transit agency, a regional transportation facility or a ride share agency through the establishment of an interactive database application that facilitates the development of a ridesharing or carpooling network over the Internet. In some locations, there are special facilities intended to encourage ridesharing such as designated pick-up points and high-occupancy vehicle lanes. FDOT currently funds the South Florida Commuter Services (SFCS) that offers regional commuter assistance program to commuters looking for alternatives to drive-alone commuting. Commuter Services hosts a Call Center (1-800-234-RIDE) to answer commuter questions and provide rideshare information. The Center also gives transit route information and automatically transfers calls to mass transit systems throughout the tri- county area, including Broward County Transit (BCT), Tri-Rail, Palm Beach Transit (Palm-Tran) and the Miami Dade Transit (MDT). APPENDIX B 49 |Page [SFCS Website -http://www.1800234ride.com/] Participants interested in carpooling can sign up with the SFCS to receive a free list of possible carpool partners from the SFCS’ computerized database. Participants are also enrolled in the Emergency Home Ride Program that provides free taxi service for registered commuters in the event of an unexpected emergency. The carpooling program can be informally implemented immediately with the City/CRA creating information campaigns on benefits of carpooling and conducting public education strategies on the SFCS Rideshare Matching Database and web site. This success of the strategy is dependent on the employer and public outreach and is complemented by the TDM marketing activities. There are two park and ride locations within Delray Beach – within the Tri- Rail Station parking lot (78 spaces) and a parking lot at Congress Avenue and 82nd Street (327 spaces). SFCS encourages the use of these park-and- ride lots for carpool, vanpool and transit users. Strategy 2 – Vanpooling Vanpooling is a form of ridesharing that typically uses vans often supplied by employers, non-profit organizations, or commuter assistance agencies. A vanpool usually consists of seven to 15 people who commute together on a regular basis. One person volunteers to be the driver/coordinator of the van. The riders share a fee, usually paid monthly, that covers the vanpool fare. Some vanpools are self-supporting by the members, while many vanpool programs are subsidized either by employers or by local commuter assistance agencies. Vanpooling is particularly suitable for longer commutes of 10 miles or more each way because the longer the commute, the greater the savings versus driving alone for each member. Vanpooling tends to experience economies of scale - the higher the number of members in a vanpool the lower the shared cost for each member. SFCS provides assistance with vanpool operations within South Florida through provision of possible vanpool partner information and enrollment in the emergency ride home program. Vanpools can also use the High Occupancy Vehicle Lanes and the I-95 Express Lanes that greatly reduces commute time during peak hours. Palm Beach County MPO provides support and assistance for the vanpool programs. Currently, there are 37 active vanpools within the County which translates into a reduction of approximately 125,000 annual commuter trips, five million highway miles, 200,000 gallons of fuel, and 2,049 tons of carbon-di-oxide. South Florida Vanpool (1-800-826-RIDE) is a service supported by the Palm Beach MPO that helps commuters find a viable vanpool alternative to driving their personal vehicle. This service is supported by the Palm Beach MPO. The service tries with match employees with other commuters that share nearby origins and destinations. These groups are assigned a van and share commuting expenses. [South Florida Vanpool Website - http://www.vpsiinc.com/Home/index.asp?OID=26] A typical vanpooler saves approximately $100 per month compared to driving alone. Vanpooling helps employers by reducing the number of parking spaces required for employees and in turn makes the facility more accessible for customers. It also allows an employer to expand their labor recruiting market into outlying areas and attract workers. Employers can contribute up to $105 per month tax-free to help cover employees’ vanpool fare. The SFCS offers matching of employees with potential vanpool partners at no charge. Employers can help encourage vanpool participation an enjoy parking benefits at little to no cost. Strategy 3 – Guaranteed Ride Home Programs Guaranteed Ride Home (GRH) programs are generally a part of the commute trip reduction program provided by regional/local transit agencies, commuter assistance programs, or by employers that participate in such programs. GRH programs provide a free or occasional subsidized ride to commuters during emergency or unexpected situations to participants that commute via carpooling or vanpooling. GRH programs may use taxis, rental cars or company vehicles. The cost of offering this service tends to be low because it is seldom used. GRH programs are a common component of rideshare programs. The SFCS offers an emergency ride home (ERH) program for registered commuters in Palm Beach County. Participants are provided with free taxi service in the event of unexpected emergency 24 hours a day, seven days a week. The program is available to commuters who carpool, vanpool, ride transit, bicycle, or walk to work at least three days a week. Eligible "emergency" situations include illness of the commuter or a member of his/her immediate family; unscheduled overtime or extended work hours; or a carpool/vanpool driver's inability to make the scheduled trip home due to an unexpected work schedule or illness. Each registered ERH program participant is allowed up to six free emergency rides per year. A qualified voucher is given to the taxi company to utilize the service. Vouchers are available upon commuter registration through the ERH online voucher system or paper vouchers. Typical vanpool vehicle Logo for GRH program Carpool Lane Sign APPENDIX B 50 |Page Strategy 4 – SchoolPooling SchoolPooling is a rideshare activity that is geared towards school children. Trips to and from schools constitute a significant portion of peak hour trips. The Florida Department of Transportation offers a free SchoolPool transportation matching and participation program. The program is exclusively for students, and links parents/students interested in carpooling, biking, or walking to and from school. With assistance from the school, a carpool lane is sometimes implemented as an incentive for parents/students to use when carpooling. FDOT uses its rideshare matching database to develop a list of names for each registered parent that can be used to match them with other parents at their respective schools for school pooling of their children to school. Each registered parent receives a list of parents that live within a 3-mile radius of their house. It is then the responsibility of parents to contact names on their lists to make ride sharing arrangements for the school year. The carpool, bike and walk groups selected sign up for a Community License Program. The Commuter License is used to provide information to the school on each student's drop-off and pick-up schedule for the child's safety. As part of the Commuter License package each parent receives his/her vehicle hangtag to be displayed during pick-up and drop-off, or to have access to the school's carpool lane, if applicable. There are 24 schools within Palm Beach County that participate in the School Pool program offered by FDOT. Strategy 5 – Flexible/Compressed Work Week A compressed work week of four days, 10 hours each, reduces commuting trips by 20 percent and is often described as an effective and desirable employee recruitment and retention tool. Other compressed work week strategies involve working nine days, instead of 10, during a pay period, which benefits in a 10 percent trip reduction. Flexible workweeks whereby commuters have flexibility to start and stop their shifts during times other than peak hours are effective in removing trips from peak hours. This strategy is designed to effectively remove people from the peak-hour commute periods during certain times of the week by condensing their work week. They may also be removed from the peak periods by extending the hours of the condensed work week. For example, a new four-day work week might be implemented with standard daily working hours of from 7 AM to 6 PM. This would result in the commute occurring before and after the typical peak periods. The role of the TDM program is to provide employers with information regarding the benefits of this option as it may be appropriate for their workforce. Generally, the discretion regarding whether flexible work scheduled is appropriate is dependent on the employer and the type of business. The promotion of a compressed/flexible work week as a strategy to reduce peak-hour vehicle trips could be somewhat effective in Delray Beach. The City/CRA’s role will include promoting this strategy to employers and businesses as a viable alternative to existing schedules as well as offer this to City employees. The City/CRA can also promote the strategy through public awareness, education, and other campaigns. The implementation and success of this strategy will be largely dependent upon the businesses within the City and the CRA. Strategy 6 – Employer Outreach Employers have major influence over the commuting habits of their employees. Most Commuter Assistance Programs conduct outreach to educate employers. Employers are generally not aware of the benefits of transit, the availability of subsidized vanpooling or the cost benefits of flexible work schedules. Employers have a vested interest in having employees arrive at work rested, on time, and productive. Employers who offer employee benefits such as the ability to buy vanpool or transit passes using pre-tax dollars deducted from paychecks tend to have a competitive edge in recruiting and retaining a workforce. Most employers provide free parking to employees even though those spaces actually cost the employer. Some employers offer their employees TDM incentives such as paying for employee’s transit or vanpool passes because the practice frees up parking spaces for customers. Employer outreach can be done in partnership with the Chamber of Commerce to get the information on TDM programs to employers. Employers are generally very receptive to learn of free programs they can offer to employees, such as the Guaranteed Ride Home (GRH) program, and placing TDM messages on their intranets and/or forwarding TDM informational emails to employees. The City can make employers aware of the benefits of TDM as a recruitment and retention tool and as a benefit to the employees. The City can explore programs whereby every business that receives an occupational license or building permit also receives an invitation to practice TDM solutions. Strategy 7 – Public Outreach The strategy refers to the use of City’s existing communications opportunities including cable television, City web site, newsletters, utility bill inserts and signs to communicate TDM related information to the public. This will utilize the City’s resources to effectively communicate with the public without spending significant financial resources to buy outside media or advertising time. The City can partner with South Florida Commuter Services to obtain information materials that are already prepared and disseminate them to City residents. Methods to create public awareness of TDM include, but are not limited to: marketing, advertising, public relations, brochures, web, outreach, direct mail inserts, blast emails, events, media buy, and database marketing. Each of these individual methods can be cost-effectively APPENDIX B 51 |Page developed in partnership with South Florida Commuter Services and other regional programs. Strategy 8 – Bicycle and Pedestrian Master Planning The integration and promotion of bicycle and pedestrian modes into the overall transportation infrastructure can have a significant impact on reducing automobile travel. Bicycle and pedestrian facilities and amenities coupled with good land use strategies provide the opportunity to conduct shorter trips through bicycling and walking and longer trips on the automobile. Especially within Downtown Delray Beach, where there is a mix of land uses, there are more opportunities for reducing or eliminating automobile travel and encouraging pedestrian and bicycle travel. This TDM strategy refers to planning for bicycle and pedestrian facilities and amenities while also integrating these facilities with the transit and roadway infrastructure. Bicycling and walking integrates well with transit. Bicycling combined with transit can provide a high level of mobility comparable to automobile travel. Transit is most effective for moderate- and long-distance trips on busy corridors, while cycling is effective for shorter-distance trips with multiple stops. Similarly, good pedestrian connections between neighborhoods and transit facilities will serve as an incentive to transit riders. Similarly, good pedestrian connections from parking facilities to community destinations will encourage drivers to park at long-term parking facilities and walk to their destinations rather than find the closest on-street parking spaces thus taking up valuable short-term parking spaces. The provision of well designed pedestrian facilities with pedestrian friendly features such as lighting, landscaping and shade can encourage parking management in downtown Delray Beach. Strategy 9 – Commuter Tax Benefits TDM programs such as commuter tax benefits are a powerful strategy to encourage ridesharing and transit while reducing trips on congested roadways. Commuter tax benefits are intended to save money for both the employers and the employees. Federal law (as outlined in Transportation Equity Act for the 21st Century) lets workers receive up to $230 a month in employer-paid tax-free transit costs or take up to $230 a month in tax- sheltered payroll deductions for transit costs. This law allows employers to give their workers up to $230 each month for transit or vanpool commuting costs as a tax-free benefit. It also allows employers to give employees the option to use payroll deductions to avoid paying taxes on up to $230 a month in commuting costs. Employer-paid transit commuter benefits include passes, vouchers, or similar fare media, or cash to employees to cover their transit or qualified vanpool commuting costs. The employer’s costs of providing benefits can be deducted as a normal business expense. Employers do not have to pay their share of federal payroll taxes on transit commuter benefits. The payroll tax savings alone is usually more than enough to cover any cost of administering the program. Alternatively, employers can share the cost of commuting with their employees by paying for part of their monthly commuting costs and letting employees pay the remainder using pre-tax dollars. Employers can allow their employees to purchase transit commuter benefits – in effect, pay for their own transit and vanpool commuting costs – with pre-tax dollars. This is done by deducting the cost of the transit commuter benefits received by an employee from the employee’s paycheck. The first $230 per month of commuting costs paid by the employee will be exempt from federal income and payroll taxes. The South Florida Regional Transportation Authority (Tri Rail) supports an Employer Discount Program (EDP). Currently, more than 2,500 employers participate in the program within the Palm Beach, Broward and Miami- Dade counties. In addition to the commuter tax benefits offered under Federal law, the SFRTA/Tri-Rail EDP offers a 25 percent discount on monthly and 12-trip tickets as a public transportation benefit program for employees of participating companies. EDP Members are permitted to purchase one monthly or multiple 12-trip tickets, per month. EDP participants also get free parking at all Tri-rail stations. Currently, the City of Delray Beach employees are participating in this program. However, there is no information available on participation by private employers/employees. More information on this program can be available at the SFRTA website. [http://www.tri-rail.com/discount_programs/ ]. Other information on commuter resources can also be found at http://www.commuterchoice.com/. APPENDIX B 52 |Page Strategy 10 – Employer Transportation Coordinator (ETC) An employer transportation coordinator (ETC) is someone on an employer’s staff who manages and promotes TDM initiatives. The ETC serves as a liaison between the employer and the commuter agency. This strategy is particularly applicable for large companies or employment centers. The ETC can be formalized by an employer designating a staff person as the company’s ETC. The ETC is often a staff member of the Human Resource Department as commuter incentives can be associated with benefits. This person is charged with distributing rideshare and commuter benefit information along with transit schedules to new and existing employees. The ETC is typically provided with training and promotional materials during appointment of the task. The ETC can also be a volunteer within the company that is passionate about TDM activities and its associated benefits to the environment. This person may be trained and empowered as a “green advocate”. These volunteers help distribute TDM related information at their workplaces and throughout the community. This strategy is designed to provide a “point person” for TDM at each business or collection of businesses. The ETC is another way to disseminate information and answer questions from TDM participants. FDOT maintains standard training materials for ETCs. ETCs are most effective at larger employment centers. There are no large employment centers currently located within downtown Delray Beach; however, there are locations outside downtown where this strategy might be more applicable. This strategy will involve partnering with SFCS as the local clearinghouse of TDM information and services. Strategy 11 – Transportation Management Association or Initiative (TMA/TMI) TMAs and TMIs are formalized partnerships, usually between FDOT, a local government, and the business community, to champion TDM within a specific area. They often operate trolley or shuttle systems, promote TDM awareness, or conduct outreach. They can be incorporated as nonprofit corporations (TMA) or formed and funded via interlocal agreements (TMI). Most TMAs and TMIs are formed in urban areas, along congested corridors, or at major employment centers. The TMA/TMI fills the same role locally, and in depth, that county or regional Commuter Assistance Programs provide on a larger scale. This strategy provides an organization whose sole purpose is implement TDM programs for the benefit of business and its employees. TMAs and TMIs are typically implemented when dense developments or employment centers are created or when local shuttle systems are implemented. The benefit of a TMA/TMI is the creation of an organization that is solely dedicated to the implementation of TDM programs. It is also a good way to shield government from liability. Currently, South Florida Commuter Services partners with the cities of West Palm Beach and Boca Raton to implement TMIs within the two cities. The City of Delray Beach had previously evaluated the feasibility of implementing a TMI within the City but it was not implemented at the time. The FDOT offers start-up funding to municipalities for the first three years of implementation of a TMI. The City is also expected to contribute a portion of the funding to show their level of commitment to the program. Through an interlocal agreement a joint partnership is established between the FDOT and the City, along with a proposed TDM program, and performance measures for evaluating success of the program. Through the TMI program, FDOT will offer an in-house consultant that will work with the City in implementing TDM programs through partnership with regional agencies and the business community. Depending on the level of funding available, the City can either choose a part-time or a full-time consultant for the TMI. Strategy 12 – Specialized TDM Activities These include special events or short term activities to launch concentrated TDM efforts. They are localized and focused, but usually of limited time and scope. Examples include shuttle or ridesharing to special events, TDM geared towards school children called “school pools”, or TDM measures instituted as mitigation during major road or bridge construction projects. This strategy takes advantage of community gatherings to get the word out about TDM. It also applies TDM strategies to specific situations such as special events and school transportation. TDM Implementation in South Florida Many communities in South Florida have implemented TDM programs effectively to reduce single occupancy vehicles and reduce excessive parking needs within downtowns. Municipalities such as West Palm Beach and Boca Raton have partnered with the South Florida Commuter Services to implement TMIs. Many cities also allow for parking reductions or variances from requirements if the developers can adequately demonstrate reduction in motor vehicle demand and hence parking demand. Developments that are adequately served by transit, bicycle and pedestrian facilities and supported by TDM programs can create a significant reduction in parking demand. Parking reductions for the implementation of TDM strategies can vary from 5 to 40 percent depending on the number of strategies utilized. For example, the City of Boca Raton allows for up to 5 percent parking reduction for developments that provide on-site showers, bike racks, transit stop, financial contribution for a local transit circulator, and TDM information kiosks. TDM Implementation in Delray Beach The implementation of a TDM program can be a very effective tool in furthering the City and the CRA’s objectives of creating a more sustainable environment and reducing green house gas emissions. Currently, TDM programs are required to be implemented by large employers within the City’s Transportation Concurrency Exception Area (TCEA) according to Section 2.4.3(E)(3) of the City’s Land Development Code. According to the Code, any land use application within the TCEA that will result in the addition of more than 50 employees is required to submit a program to implement employer-based TDM activities. These activities may include, but are not limited to, ride sharing, van pooling, and flexible work hours. This requirement does not have any measurable performance related targets for the TDM program.The City should expand the current requirement to a tailored TDM plan for citywide or CRA-wide implementation. This plan should include specific implementation strategies and performance measures tied to participation in the program. Figure 7-1 illustrates a potential interim and long term TDM plan for Delray Beach. The components of the interim and long-term plan are identified below. Interim TDM Plan TDM programs can be effectively implemented in the interim through development of a TDM marketing plan that will utilize regional resources such as FDOT/SFCS and the Palm Beach MPO. Partnering with the stakeholders at the beginning of the process will allow the City to gauge in the interest and level of participation from interested partners. The APPENDIX B 53 |Page interim plan will consist of developing a community wide TDM marketing plan. The purpose of this Marketing Plan is to create a framework to communicate the available TDM options and their benefits to the residents, commuters, and employers within the City. The Marketing Plan will consist of action items designed to cost-effectively utilize existing TDM services and communications channels. The City can partner with the SFCS in educating employers and residents about the support services they offer for carpooling, vanpooling, guaranteed ride home, schoolpooling, park and ride, and bicycling. One of the action items that the City can immediately implement includes creating a TDM page on the City’s webpage that lists all the TDM resources available to residents and employees. Many of the brochures and marketing materials can be obtained from the FDOT, SFCS, Palm Beach MPO and the SFRTA. The City can also make arrangements with the Chamber of Commerce (COC) and the Downtown Development Authority (DDA) to provide a link to the City’s TDM page from their websites. The City can also lead by example since it is one of the major employers in Delray Beach. Participation in TDM activities by City staff will provide a model for other businesses. It will also provide a “testing ground” for future initiatives/incentives. One of the easiest things to do is to encourage City employees to take full advantage of the TDM options. At City Hall and other City buildings designate preferential parking spaces for carpool and vanpool participants in the best spaces. Other awards or prizes could be distributed to staff that participate in the program. It is understood that the City already has several employees participating in the SFRTA’s commuter benefits program, but increasing participation by providing additional incentives will provide added benefits. Additional initiatives could be focused on walking and bicycling to work. Long-Term TDM Plan The City should develop its own long-term TDM plan that will outline programs, policies and measures that will be implemented within the City over the long term. The first step in the long-term TDM plan is to provide incentives in the land development code for implementation of TDM programs. Many cities have adopted “voluntary” TDM programs which offer incentives such as reduced parking or reduced impact fees for TDM implementation. Currently, many cities in Florida have policies within their respective comprehensive plans which establish targets for TDM. The City can implement any or all of TDM strategies listed in the previous section through its TDM program. The second step would be to develop bicycle, pedestrian, and transit master plans that will outline proposed facilities and amenities to strengthen the transportation network so all modes are be integrated. The master planning effort will be followed by implementation of service enhancements and facility improvements that were identified in the master plans. The final objective of the long-term TDM plan would be to implement a TMI in coordination with regional transportation partners so TDM programs are implemented to the maximum extent possible within the private and the public sectors. The City’s vision is to create a sustainable environment that promotes all modes of transportation while reducing the environmental impact of automobile transportation. A key element in achieving this vision will be implementation of parking management and the TDM plan. With the recent changes in the State of Florida’s growth management legislation regarding transportation concurrency exception areas, known as Senate Bill (SB) 360, the City of Delray Beach has been designated as an “automatic” TCEA. The City will need to revise its comprehensive plan and land development regulations with respect to transportation concurrency to take full advantage of the legislative changes. The TDM Plan can serve as a great tool for the City as it moves forward to develop a mobility plan whether choosing to maintain its existing transportation concurrency management system or utilize the TCEA designation. APPENDIX B 54 |Page Figure 7-1 – Proposed TDM Plan for Delray Beach CITY OF DELRAY BEACH TDM PLAN TDM Support in Land Development Code & Comprehensive Plan (including bike, ped & transit) Bicycle, Pedestrian, and Transit Master Plans LONG-TERM TDM PLAN Facility Improvements Service Enhancements Delray Beach TMI/TMA INTERIM TDM PLAN Establish partnership with SFCS, DDA, COC, business community & residents to gauge interest in TDM program Public OutreachEmployer Outreach TDM Marketing Plan Flex Workweek Telecommuting Specialized TDM Promotions Events Advertising Market Research Carpool Vanpool GRH APPENDIX B 55 |Page CHAPTER 8 – DOWNTOWN SHUTTLE REVIEW An evaluation of the City of Delray Beach’s Downtown Roundabout shuttle service was performed. The City of Delray Beach operates three routes that primarily serve the City’s downtown and Delray Beach Tri-Rail Station: Route 1A, Route 2, and Route 3. Route 1A and Route 3 travel between the Delray Beach Tri-Rail Station and the beach area. Route 2 travels between the Delray Beach Public Library and the beach area’s hotels. The City’s shuttle routes are illustrated in Figure 8-1. The operations of the existing system were reviewed including the shuttle’s routes and schedule. The vehicles and bus stops were also analyzed. The contract between the City and the shuttle’s private operator was reviewed and the operating requirements were compared to the service provided. The cost of similar local transit systems was reviewed and compared to the cost of the Delray Beach shuttle system. An evaluation of the connectivity between the City’s shuttle service and Tri-Rail and Palm Tran service was conducted. The City’s shuttle service provides connections to five Palm Tran bus routes – Routes 1, 2, 70, 80 and 81. The headways of each Palm Tran route were reviewed and compared to the City’s shuttle route schedule. These data were used to evaluate the ease of connection between the City’s shuttle routes and each Palm Tran route. The City’s shuttle service is integrated with the Tri-Rail system via the Delray Beach Tri-Rail Station. Two of the routes (Routes 1A and 3) serve the station on each service cycle. The effectiveness of the integration between the shuttle service and the Tri-Rail station was also evaluated. Analysis of existing data was supplemented by obtaining feedback via a bus rider survey. The ridership peak period of each route was identified and the bus rider survey was administered during these peak periods to obtain the greatest feedback. While conducting the surveys, the number of passengers boarding the shuttle was documented in 15-minute intervals during the peak periods to gauge the level of ridership. Analysis of the existing data was also supplemented by conducting a field review of the City’s shuttle service. Attention was focused on determining popular origins and destinations while evaluating the operation of the shuttle buses during service. Based upon a review of all available data pertaining to the shuttle system as well as the field review and bus rider surveys, preliminary recommendations were developed to improve the shuttle service. The recommendations are comprehensive and pertain to all facets of the shuttle system. Included are recommendations related to integration with parking facilities and operational improvements. Additionally, marketing techniques are presented that may increase ridership. Existing Operations The objective of this task is to evaluate available data and reports that pertain to the City's existing transit system and service parameters. In general, the review of the existing operations focused on the following information: ƒExisting routes ƒExisting schedule ƒExisting headways ƒEquipment ƒFacilities and stops ƒRidership reports ƒExisting service costs ƒExisting operating policies Existing Contract and Service Costs The City of Delray Beach and the Delray Beach Community Redevelopment Agency (CRA) entered into an interlocal agreement where the CRA agreed to contribute to the cost for the local shuttle bus service. The CRA agreed to pay the City $135,295 annually for the shuttle bus service for three years. In 2006, the City of Delray Beach selected Quality Transport Services, Inc. to operate the shuttle bus service. The operating cost for the shuttle bus service is all inclusive and is fixed at $38.50 per revenue hour. The contract is valid for a three-year period with two one-year renewal options at the mutual agreement between the operator and the City. According to City staff, the contract has been extended to April 2011 with the use of grants. The costs of several municipal transit systems, with all inclusive or turnkey service similar to the City’s agreement, were reviewed and the findings are summarized in Table 8-1. The costs of the reviewed local transit systems are generally higher. The cost for Aventura’s transit service is $44 per revenue hour and the cost for North Miami’s transit service is $44.60 per revenue hour. The Village of Palmetto Bay’s cost of $33.25 per revenue hour is significantly less than the City of Delray’s shuttle service. However, the Village purchased the buses reducing the hourly cost. Thus, it appears the shuttle bus service cost ($38.50) is low in comparison to other local transit services. Table 8-1: Local Transit System Cost Comparison Local Transit System Cost per Revenue Hour Palmetto Bay - IBUS(1)$33.25 Delray Beach - Downtown Roundabout $38.50 Aventura - Express $44.00 North Miami - NOMI Express $44.69 (1)City purchased buses. Ridership Reports According to the City's shuttle bus contract, the contractor must record the number of passengers transported on each trip daily. The contractor must provide all daily trip reports for the previous month for each route by the 10th of each current month. The contractor must provide a monthly service summary for each shuttle service route including: ƒTotal passengers transported by each day ƒTotal monthly passengers ƒTotal revenue miles by each day ƒTotal monthly revenue miles ƒTotal deadhead miles by each day ƒTotal monthly deadhead miles Based upon the detailed ridership information provided by the City, it appears that all of the monthly required calculations are not currently being completed by the contractor, specifically revenue mile and deadhead mile information. This information would assist in better evaluating the performance of the routes. APPENDIX B 56 |Page Figure 8-1 – Existing Transit Routes within Study Area APPENDIX B 57 |Page Photograph 1:Designated Bus Stop along Atlantic Avenue Existing Routes The City of Delray Beach operates three routes that primarily serve the City’s downtown and Delray Beach Tri-Rail Station. The three routes are illustrated in the City’s Shuttle Bus Map. It is important to note that the City’s Shuttle Bus Map located on the City’s website does not reflect the current operating hours and the additional service coverage of Route 2. The City does note on the website that the map has not been revised. However, if a resident/visitor obtains the map from a bus or the website (without reading the additional information), these riders will be unaware of the existing service changes. A shuttle bus map (Figure 8-1 on page 55) with route information was developed to illustrate the accurate service coverage area of Route 2. Routes 1A & 3 Route 1A originates at the Delray Beach Tri-Rail Station and travels north along Congress Avenue to West Atlantic Avenue. The bus then travels east along Atlantic Avenue to Ocean Boulevard/SR A1A, where the bus turns around at the Delray Beach Marriott and returns to the Delray Beach Tri- Rail Station via the same route. The City’s circulator routes are illustrated in Figure 8-1. The operating hours for Route 1A are Monday through Friday between 6:30 A.M. and 7 P.M. Route 3 provides service between the Tri-Rail station and Ocean Boulevard/SR A1A via the same route as Route 1A on Friday and Saturday between 10 A.M. and 10 P.M. Twenty-two bus stops are designated along Routes 1A and 3. These stops are highly visible and effective as illustrated in Photograph 1. Passengers may also be picked-up/dropped-off at any unscheduled stop along the route, according to the contract. Routes 1A and 3 operate on 30-minute headways. The bus departs the Delray Beach Marriott every hour on the hour. The shuttle typically arrives at the Tri-Rail Station approximately 15 minutes after each hour. The shuttle dwells here until 30 minutes after the hour allowing Tri-Rail passengers arriving during this timeframe to board the shuttle. The shuttle leaves the station at 30 minutes past each hour traveling back to the Delray Beach Marriott Hotel. The bus arrives approximately 45 minutes past each hour at the hotel and dwells there until it begins the route again on the hour. Route 2 From Monday to Saturday between 12 P.M. and 7 P.M., Route 2 originates at the Delray Beach Public Library and travels east along Atlantic Avenue to Ocean Boulevard/SR A1A. The bus then travels south along Ocean Boulevard, where the bus turns around at the Wright by the Sea Hotel. The bus then travels north along Ocean Boulevard and pulls into the Berkshire on the Ocean Hotel before continuing traveling north of Atlantic Avenue to Crestwood Drive. The bus turns left and travels west along Crestwood Drive to Andrews Avenue then turns right and travels north to George Bush Boulevard. The bus turns right on George Bush Boulevard and travels east to Ocean Boulevard. The bus then turns right on Ocean Boulevard and travels south to Atlantic Avenue, where the bus turns right and returns to the library. From 7 P.M. until 9 P.M. on Monday through Saturday (and from 12 P.M.-7 P.M. on Sunday), Route 2 provides service between the Tri-Rail station and Ocean Boulevard/SR A1A via the same route as Route 1A. Eight bus stops are designated along Route 2, not including the undesignated stops along Ocean Boulevard, not presently included on the City’s shuttle map. However, passengers may be picked-up/dropped-off at any unscheduled stop along the route, according to the contract. Route 2 operates with approximately 40-minute headways. Transit Connectivity Review An evaluation of the connectivity between the City’s shuttle service and Palm Tran and Tri-Rail service was also conducted. Palm Tran Connectivity The City’s shuttle service provides connections to five Palm Tran bus routes: ƒRoute 1 ƒRoute 2 ƒRoute 70 ƒRoute 80 ƒRoute 81 Connecting Palm Tran routes are illustrated in Figure 8-1. Route 1 Route 1 is predominately a north-south route with 20-minute headways during weekdays and connects to the City’s shuttle routes via a bus stop at the Atlantic Avenue and US 1 intersection. Palm Tran’s Route 1 stops at this intersection on the hour throughout the day. The City’s Routes 1A and three buses dwell at the Delray Beach Marriott Hotel close to this intersection for approximately 15 minutes before leaving on the hour throughout the day. This leaves very little room for delays in either system for effective transfers. If the City’s shuttle route is delayed, a rider connecting to the Palm Tran system will be forced to wait 20 minutes for the next bus. Route 2 Route 2 is predominately a north-south route that operates along Congress Avenue with 30-minute headways during weekdays and connects to the City’s routes (Route 1A and 3) via stops at the Atlantic Avenue and Congress Avenue intersection and at the Delray Beach Tri-Rail Station. The City’s shuttle buses dwell at the Tri-Rail station for about 15 minutes and leave at 30 minutes after the hour. Both the northbound and southbound buses of Route 2 stop at the Tri-Rail station at 15 minutes and 45 minutes after the hour during the peak hours. This leaves very little room for delays in either system for effective transfers. If the City’s shuttle route is APPENDIX B 58 |Page delayed, a rider connecting to the Palm Tran system will be forced to wait 30 minutes for the next bus. Route 70 Route 70 is predominately a north-south route with 30-minute headways during the peak hours and 60-minute headways during the off-peak hours. Route 70 connects to the City’s routes via stops at the Atlantic Avenue and Congress Avenue intersection and at the Delray Beach Tri-Rail Station. The City’s buses arrive at the Tri-Rail station at about 15 minutes after the hour and leave at 30 minutes after the hour. The northbound buses of Route 70 stop at the Tri-Rail station at five minutes and 30 minutes after the hour during the peak hours. The southbound buses of Route 70 stop at the Tri- Rail station at 10 minutes and 40 minutes after the hour during the peak hours. Thus, riders on the City’s shuttle service will likely be forced to wait 20 minutes for the next bus during the peak hours. Route 80 Route 80 (Delray Beach Crosstown) is predominately a north-south route with 60-minute headways during the weekdays and connects to the City’s shuttle routes (Routes 1A and 3) via a bus stop at the Atlantic Avenue and 5th Avenue intersection. During both the A.M. and P.M. peak hours, the northbound buses of Route 80 stop at this intersection 10 minutes after the hour and the southbound buses stop at this intersection 45 minutes after the hour. The City’s Routes 1A and 3 buses traveling in the eastbound direction reach this intersection at approximately 10 minutes after the hour during both peak hours. The City’s Routes 1A and 3 buses servicing the westbound leg of the roundabout will reach this intersection at approximately 50 minutes after the hour during both peak hours. Thus, if the City’s shuttle route is delayed, a rider connecting to the Palm Tran system will be forced to wait an hour for the next bus. Route 81 Route 81 (Delray Beach Crosstown) is predominately an east-west route with 60-minute headways during the weekdays which operates along Atlantic Avenue. Route 81 overlaps with the City’s shuttle routes along Atlantic Avenue and also serves the Delray Beach Tri-Rail Station. Excellent connectivity exists between the two systems, as riders can transfer between the systems at numerous locations. However, the 60-minute headway of Route 81 limits the effectiveness of the connectivity, as a rider on the City’s system must sometime wait up to an hour to transfer to Route 81. Future Improvements Palm Beach County’s 2006-2016 Transit Development Plan was reviewed to determine if any improvements are planned for Palm Tran routes that connect to the City’s shuttle routes. The operating hours of Route 70 and Route 80 are programmed to be improved in FY 2013. No improvements are programmed for the other Palm Tran routes in the next six years. Tri-Rail Connectivity The City’s shuttle service (Routes 1A and 3) provides a connection to the Delray Beach Tri-Rail Station. Tri-Rail provides commuter rail service from Mangonia Park to Miami. During the A.M. and P.M. peak hours, trains operate on 20 to 40-minute headways. The City’s shuttle buses (Routes 1A and 3) arrive at the Tri-Rail station approximately 15 minutes after the hour and leave the station 30 minutes after the hour; thus, the buses dwell at the station for 15 minutes. Riders that exit both the northbound and southbound train while the City’s shuttle is traveling eastbound generally wait 30 minutes for the City’s bus to return. However, Tri-Rail users may be forced to wait an hour at times during the peak hours to transfer to the City’s shuttle bus. The City’s shuttle bus schedule allows either northbound or southbound travelers that exit during this timeframe to transfer to the shuttle service, as the northbound and southbound schedules do not operate in tandem. Transit Rider Surveys and Field Observations Public Opinion Survey Analysis of existing transit data was supplemented by obtaining feedback via a bus rider survey. To obtain the most input, the surveys were administered during peak periods. The peak periods were determined based upon historical ridership data provided by the City. The peak hour period of Route 1 was determined to be 3 P.M.-7 P.M. on weekdays. The peak period of Route 2 was determined to be 2 P.M.-6 P.M. on Saturdays. As such, bus rider surveys were administered during these time periods. Surveys were administered on Tuesday, January 19, 2010, and Thursday, January 21, 2010, during the peak period on Route 1. Surveys were administered on Saturday, January 23, 2010, during the peak period on Route 2. Number of Passengers While conducting the surveys, the number of passengers boarding the shuttle was observed in 15-minute intervals during the peak periods. The passenger counts are summarized in Tables 8-2 through 8-4. As indicated in Tables 8-2 and 8-3, Route 1 is heavily utilized during the weekday P.M. peak hour period. On January 19th (Tuesday), 32 passengers boarded during the peak hour (5 P.M.), and on January 21st (Thursday), 23 passengers boarded during the peak hour (4 P.M.). This level of ridership is particularly significant considering the Route 1 shuttle buses are 20- passenger buses, and the buses operated near capacity. As indicated in Table 8-4, ridership on Route 2 during the Saturday (January 23rd) peak period is considerably lower, as six riders boarded the bus during the peak hour (5 P.M.). APPENDIX B 59 |Page Table 8-1: Route 1 Ridership Totals (1/19/2010) Ridership Totals Route 1 1/19/2010 Time Interval Passengers Hourly Totals 15:00 1 815:15 1 15:30 4 15:45 2 16:00 7 2516:15 10 16:30 8 16:45 0 17:00 15 3217:15 3 17:30 10 17:45 4 18:00 1 1218:15 3 18:30 6 18:45 2 Table 8-2: Route 1 Ridership Totals (1/21/2010) Ridership Totals Route 1 1/21/2010 Time Interval Passengers Hourly Totals 15:00 4 1915:15 1 15:30 14 15:45 0 16:00 9 2316:15 0 16:30 14 16:45 0 17:00 10 1917:15 0 17:30 9 17:45 0 18:00 8 2118:15 0 18:30 13 18:45 0 Table 8-3: Route 2 Ridership Totals (1/23/2010) Ridership Totals Route 2 1/23/2010 Time Interval Passengers Hourly Totals 14:00 0 314:15 0 14:30 3 14:45 0 15:00 0 015:15 0 15:30 0 15:45 0 16:00 0 216:15 0 16:30 2 16:45 0 17:00 1 617:15 2 17:30 0 17:45 3 APPENDIX B 60 |Page Photograph 2:Vehicle Wrap Photograph 4: Front View Photograph 3: Passenger Entrance Route 1 Passenger Survey Summary Route 1 serves as a connector for workers traveling home from the Delray Beach Tri-Rail Station to neighborhoods in the vicinity of Downtown Delray Beach. This trip purpose is reflected in the survey responses. On January 19th (Tuesday), 40 passengers participated in the survey, and on January 21st (Thursday), 33 passengers participated in the survey. On both days, the majority (63 percent) of respondents were traveling home from work or school. Many of these passengers (and passengers in general) boarded the shuttle at the Delray Beach Tri-Rail Station and used the shuttle to travel home in the downtown area. Several passengers and respondents boarded the shuttle at stops along Congress Avenue and exited the shuttle at stops along Atlantic Avenue, between NW/SW 10th Avenue and NW/SW 5th Avenue. Several passengers boarded the shuttle at the bus stop near the South County Public Health Unit located near the Tri-Rail station. A few of the respondents were using the shuttle to travel to the library. Very few respondents were using the bus during the P.M. peak period to travel to a shop or restaurant. A majority of the survey respondents are local residents and consider themselves as frequent riders of the shuttle service. Slightly over half (52 percent) of respondents used a connection to/from another public transit system during their trip. Of the 38 respondents who used a connection, 31 percent used Tri-Rail, 53 percent used Palm Tran, and 16 percent used both systems. The majority of Route 1 survey respondents are satisfied with the shuttle service and many respondents praised the service. In fact, only nine out of the 73 respondents offered suggestions for improving the service. The following suggestions were offered: ƒIncrease frequency ƒUpdate website with accurate routes/operating hours ƒDevelop additional routes Route 2 Passenger Survey Summary Route 2 is not heavily utilized during the Saturday peak period. Only 11 passengers boarded the shuttle during the four-hour survey period and only 6 of these passengers participated in the survey. Two of the respondents boarded Route 2 at the library during the Saturday peak period and exited the shuttle near Venetian Drive. The destination of two respondents was the Tri-Rail station. Route 2 does not serve the Tri-Rail station during this period and the bus driver dropped these riders off at West 12th Avenue to catch the Route 1A bus. The respondents’ trip purpose was evenly split (two respondents each) between travel to shopping, restaurant, or home. Two of the respondents used a connection to/from the Palm Tran system. Field Observations Analysis of existing data was supplemented by conducting a field review of the City’s shuttle service. As evident by the passenger counts and bus rider surveys, most boardings on Route 1A occurred at the Tri-Rail station and along Congress Avenue for destinations to the east during the weekday P.M. peak period. Thus, the opposite commuting pattern likely occurs in the weekday A.M. peak period. Route 1A is heavily patronized by commuters traveling home during the peak periods. At times during the P.M. period, the bus was operating near capacity. However, no users were forced to stand during the field review. Route 2 is not heavily utilized on Saturdays during peak periods. The low ridership is likely due to poor marketing and unclear bus signage, as discussed below. Vehicle Service Signage According to the contract, vehicles used by the contractor should display removable signage provided by the City that will be approximately 2 feet by 6 feet. This signage should be displayed on the two sides at all times during operations. As illustrated in Photograph 2, vehicle wraps are used as required to identify the shuttle service. However, the wraps cover the windows reducing visibility for passengers and people outside the vehicle. Signage that does not cover the windows would allow people along the streets to see in the vehicle and recognize the popularity of the service during the peak periods. Uncovering the windows would also improve the experience of the riders by providing unobstructed views while using the service. However, during the off-peak hours, the buses may be less utilized and appear wasteful to people along the street. The CRA has expressed an interest in updating the fleet to trolley-like vintage vehicles and the signage will likely be modified if this occurs. Route Number Signage According to the contract, vehicles must display the assigned route number at a minimum of four inch numbers in the following locations: ƒAbove or beside the passenger entrance door(s) ƒOn the exterior rear of the vehicle ƒOn the exterior front of the vehicle ƒOn the interior of the vehicle above the front windshield APPENDIX B 61 |Page Photograph 5: Rear View As illustrated in Photographs 3-5, no signage indicating the route number was present in any of these locations on the bus during the field review. The bus photographed was operating on the Route 2 schedule on Saturday. During the field review and administration of the bus rider surveys, several people mistakenly boarded the bus to travel to the Tri-Rail station. Route 2 does not serve the Tri-Rail station during this period. Clear route numbers should be provided at all times in the locations required by the contract. Route 2 Marketing In October 2009, shuttle service routes and hours of operation were modified. Route 2 was modified to provide service north and south on Ocean Boulevard between 12 P.M. to 7 P.M. Monday through Saturday. However, as discussed previously, the City’s shuttle service map has not been revised to reflect this modification. The City's website states that the map has not been revised to reflect the route adjustments. A person with access only to the map would not be aware of the route modifications. The Route 2 modification was an effort to provide service between the hotels, motels, and inns along the beach and the downtown core. Route 2 is underutilized in the expanded service area added in October 2009. Most hotels are not promoting the free shuttle to their patrons, according to interviews with hotel staff. Thus, many patrons are unaware that the shuttle is free and provides convenient access to the downtown district. A possible solution is to distribute brochures to the hotels that describe the modified route’s schedule and hours. Hotels could be encouraged to display these handouts in the hotel lobbies where patrons could easily learn about the service. An increase in ridership by beach area patrons could likely reduce parking demand, as patrons would no longer use their car for travel to/from downtown. Route Adjustments for Connectivity with Parking Facilities and Other Transit All three routes predominately serve the Atlantic Avenue corridor. As such, parking facilities not located along the corridor are not served by the shuttle system. This includes the parking garage located at the intersection of NE 1st Street and NE 2nd Avenue and large surface lots located on streets adjacent to Atlantic Avenue. The majority of these facilities are within walking distance (one block) to Atlantic Avenue. However, the size of the parking garage makes the facility a possible large transit attractor if service was provided to the facility. Most destinations visited by drivers parking at the garage are likely located to the east; therefore, it is important that service to the garage be provided on the east traveling portion of routes. Thus, the eastbound buses of the routes could be adjusted to turn left at NE 2nd Avenue and travel north to NE 1st Street (serving the garage) where the bus would turn left on NE 1st Street. The buses would return to Atlantic Avenue by making lefts on NE 1st Avenue and Atlantic Avenue and traveling eastbound. Thus, none of the shuttle service area would be lost in the modification. This route modification may be only necessary on weekends when parking demand is greatest. This service may encourage drivers who normally search for parking spaces located adjacent to Atlantic Avenue to utilize the parking garage, decreasing both traffic congestion and parking demand near the corridor. The creation of additional routes or modification of existing routes is difficult as Palm Tran provides transit service along all the major corridors in the area. The duplication of service should be avoided. However, as described in the Transit Connectivity Review section, Palm Tran service headways vary and often riders of the City’s shuttle service must sometimes wait an hour for the next Palm Tran bus. A possible solution is to adjust Route 2 seasonally. Each year after tourist season, the extended beach service could be removed from the schedule. Route 2 could be adjusted to complement Route 1 providing shorter headways that could connect with Palm Tran more effectively. Summary of Recommendations Based upon available data and a bus rider survey/field observation, recommendations were developed to improve the shuttle service. The recommendations are summarized below. 1.Require improved Ridership Report data from contractor for evaluation o Revenue mile and deadhead mile information not included in information provided to City. 2.Revise City’s shuttle service map to reflect existing routes/schedule o Shuttle map on website does not reflect existing hours of operation and Route 2 modifications. 3.Modify shuttle name signage by removing vehicle wrap o Replace vehicle wrap with signage that does not obstruct the view into or outside the vehicle. 4.Require proper route identification on buses o Route identification should be clearly presented on each bus on the locations required by the contract. 5.Improve Route 2 marketing o Brochures/handouts including route and schedule information should be provided to beach area hotels to increase ridership on Route 2. 6.Modify routes for improved connectivity with parking and both Tri-Rail and Palm Tran o Modification of routes difficult as Palm Tran serves major corridors and duplication should be avoided. o Beach area coverage of Route 2 could be discontinued after tourist season annually to improve headways along the corridor thus improving connections to Palm Tran and Tri- Rail. o Routes could be adjusted to serve the parking garage adjacent to the NE 1st Street and NE 2nd Avenue intersection by creating a loop along Swinton Avenue and NE 1st Street without reducing service coverage. APPENDIX B 62 |Page CHAPTER 9 – REVIEW OF CITY’S OPERATING POLICIES AND PROCEDURES FOR PARKING The City’s existing parking operations and procedures were evaluated as part of this study. The systems that were reviewed include the valet system, smart card system, and the Beach Parking Permit Program. Specific observations and recommendations regarding these systems are provided in this chapter. Valet Service System The City approves the use of valet parking service providing certain minimum standards are met prior to the implementation of the service. Currently, certain business establishments, such as restaurants, can obtain permission from the City to provide valet parking services for their establishments. Valet service is provided at multiple locations within the downtown and the beach area. There are currently eight valet queues within the study area. The valet queues are generally serviced by either the restaurants which they front, or private valet parking contractors hired by one or more restaurants along the block. The City does not contract the services of a valet operator. Request for valet locations are initiated by individual restaurant owners demonstrating a need to provide a new valet location. Once approved by the City Commission, the valet stands are operated by restaurants or private operators. Even though operated by individual restaurants, according to the City regulations, the valet operators are required to park vehicles for any person that requests a valet service regardless of the establishment which they patronize. Achieving an understanding of the existing availability of parking offered by private parking providers, such as valet, is an important aspect of developing a comprehensive parking study. Considering the capacity, operational characteristics, and desire of private entities to provide parking during critical peak periods will allow the City to tailor future parking strategies to address the City’s parking needs. Understanding the parameters of private operations will provide valuable insight into the policies that should be implemented, including the City’s ability to potentially charge for parking. For the purposes of this study, three valet operators were interviewed about their services. The three operators include: ƒCaffé Luna Rosa ƒSouth Florida Parking Systems ƒSunshine State Parking Caffé Luna Rosa is a restaurant which operates its own valet service. The restaurant’s valet queue is located on the southern side of Atlantic Avenue immediately west of Ocean Boulevard. Valet service is generally provided throughout the day. The restaurant currently leases 20 parking spaces from the City in the Gleason Street lot and the remainder of its parking is provided through agreements with private lots. South Florida Parking Systems (SFPS) provides valet services for 32 East, Tryst, and Taverna Eros from a queue located on the south side of Atlantic Avenue immediately west of SE 1st Avenue. The valet service is generally in operation beginning at 5:00 PM and ending when the last customer’s car is returned. The contractor currently leases parking spaces in the County Library Parking garage; however, SFPS usually utilize those spaces as overflow when the private parking lots are full. This is generally because the Library parking lot is located further away. Sunshine State Parking provides valet services for The Blue Fish restaurant. The valet queue is located on SE 2nd Avenue immediately south of Atlantic Avenue. The valet service hours operates between 5:00 PM until close of business. They currently lease 40 parking spaces in the Robert Federspiel garage in addition to private parking spaces. The parking service also noted that the private parking lots are typically closer than the City parking garage. Valet operators currently charge $10.00 per vehicle for non-validated customers and $5.00 per vehicle for validated customers. Validated customers simply need to present a receipt from the parking service’s contracted restaurant to receive the $5.00 rate. The valet operators are not allowed to park vehicles in city owned parking facilities with the exception of 20 spaces in the Gleason Lot and 40 spaces in the Robert Federspiel Garage that are leased to the valet operators. The City charges a monthly fee of $30 per space in the Gleason Lot and $40 per space for the Federspiel Garage to the valet companies. APPENDIX B 63 |Page According to the City, the locations of the valet queues were determined in the early 1990s. If a restaurant desires valet service in front of their establishment, they have the option to petition the City Council for approval. Consequently, the valet queues are now sporadically spaced throughout the City. The city has approved numerous valet requests but does not have a firm set of requirements necessary to conduct a full review of each application. The current valet program has not been reviewed or modified since 1998. The existing valet parking presents a few challenges. The cost of providing valet service is not uniformly distributed among all users of the service with the variation in fee between the customers of restaurants that operate the service versus the ones that don’t. The valet booths also display the name of the sponsoring restaurant for advertisement purposes. That leads to confusion among patrons that would like to use valet parking services because they don’t know where to park or which service to use. In addition, multiple valet operators with competing interests exist in very limited and well-defined valet zones, creating an inefficient system and delivering relatively poor customer experience. Currently, a majority of the valet queues within downtown Delray Beach are located on the south side of Atlantic Avenue. Even though most of the traffic enters the downtown from the west (I-95), this creates inefficiencies for patrons traveling from the east to use the service. Valet parking also provides several advantages to the City. Valet parking is highly utilized within the downtown near the major destinations during the evening peak hours. During this time, patrons prefer the convenience and the relative safety of utilizing a parking service nearest to their destination. The use of private parking lots for valet parking provides more spaces to the City’s parking supply which would otherwise not be available for public parking. Recommendation: It is recommended that a detailed valet parking study be performed to evaluate the appropriateness of the existing valet locations and to determine a more logical placement of valet queues that meets the current needs throughout the City. The relocation of valet queues from Atlantic Avenue to the other north-south streets within the downtown core should also be examined. This will involve additional coordination with all the stakeholders involved including the City, the restaurants and the valet operators. It is also recommended the City of Delray Beach conduct a thorough review of the current valet parking program and revise the requirements so that a comprehensive program can be developed that is fair for all establishments and businesses wishing to implement a valet parking program.The option of providing valet service by the City should also be evaluated. The City could either operate the valet service on its own or contract the services of a private valet parking contractor. Smart Card System The City has implemented a smart card program for use at parking meters within the Beach District. The use of contact smart card technology is well established in the parking industry, with parking equipment vendors providing solutions for all segments including single-space meters, multi- space meters, and off-street parking. Industry sources estimate that at least 75 percent of the bids for single-space meters received during 2004 and 2005 have specified the requirement to accept payment by both coin and a contact smart card, or to accept payment by coin and have the ability to be upgraded to accept payment by a contact smart card at a later date. A partial list of U.S. cities with contact smart card-based parking programs include: Albany, NY; Arlington, VA; Clemson, SC; Coral Gables, FL; Denver, CO; Miami, FL; Miami Beach, FL; Minneapolis, MN; Naperville, IL; New Haven, CT; New York, NY; Orlando, FL; Philadelphia, PA; Pittsburgh, PA; Portland, OR; Princeton, NJ; Providence, RI; Sacramento, CA; San Diego, CA; San Francisco, CA; San Jose, CA; Santa Cruz, CA; Santa Monica, CA, and West Palm Beach, FL. Many key benefits can be achieved through the use of smart card technologies for parking including: ƒImproved customer service – enhancing customer convenience through new features. ƒIncreased revenues – providing convenience-driven sales, reducing fraud, and decreasing cash handling. ƒInteroperability – can be used in both on-street meters and off- street revenue control systems. ƒIncreased usage – through ease of use in on-street parking and increased transaction values. ƒIncreased operational efficiency – offers more operational data, facilitates better planning, improves security, reduces labor and lowering equipment, and reduced material and maintenance costs. ƒStronger controls and security – reduced cash payments and cash- handling requirements and provides a payment device with strong security features. ƒExpanded marketing opportunities – improved knowledge of customer behavior and enables partnerships with merchants. ƒSimplified administration of benefits programs – provides paperless system for distribution and acceptance of parking benefits. ƒImproved legal compliance – meets electronic automation requirements for parking operators. Smart cards are currently available for purchase at the Utilities Customer Service payment window. It can be recharged at several locations within the City. The use of smart cards within the City is still very limited, principally because the program has not been advertised. Smart cards can be used at all meters within the Beach District. The majority of the existing meters (POM) currently accept cash or smart cards only. The inability to use credit cards at the meters is viewed as an inconvenience by many patrons. The recently implemented IPS single space meters have the ability to accept cash, smart cards and credit/debit cards. The City is currently looking into the feasibility of upgrading the existing POM meters to accept credit cards. The City also plans on implementing IPS meters on a wider scale. Over time, all meters will be upgraded to accept a variety of payment mechanisms. Recommendation: The smart card program is still a very valuable program within the City. The City should implement marketing measures and other incentives to promote the use of the smart cards. One strategy could include providing smart cards with preloaded amounts to patrons to encourage use of the card. Another strategy could include offering a discounted fee for smart card users. The City can also advertise the benefits of smart card program through local advertisements, utility bill inserts, and sale of smart cards at community buildings and special event locations. APPENDIX B 64 |Page Beach Parking Permit Program The City offers a beach parking permit program for use at all public parking facilities within the Beach Area. The annual Beach Parking Permit offers unlimited parking for permit holders from October 1st to September 30th of the following year for a fixed price. The permit costs $85.20 and provides unlimited parking at the public parking facilities within the Beach Area. The City typically sells approximately 350 beach parking permits each year. Beach Parking Permits are available to both the residents and non- residents at the same rate. Beach permits are typically issued by beach communities as an amenity to allow residents to enjoy the local beach and other community resources at a reasonable rate for frequent users. A one-time payment for these permits provides the patron with virtually unlimited access to the parking areas for a one-year period. Typically, the rate charged for these permits are fairly low and is not calculated based upon an equivalent parking rate for parking either at an on-street meter or in a parking facility. Therefore, the rates for beach parking permits tend to be fairly low relative to alternative parking options. Although it is a significant benefit to residents, Beach Parking Permit programs actually result in lower revenues for the City. Additionally, since permit holders can park for an unlimited time, these permit holders are taking up parking spaces that might otherwise be used by patrons at daily rates. A review of other beach parking permit programs within Florida reveals that these programs are typically extended only to residents. Cities such as Boca Raton (Beach annual permit - $37 plus tax) and Hollywood (Citywide annual permit - $150 plus tax; Beach annual permit - $106) extend beach parking permits for residents and beach merchants only. The discounted parking rates are limited to residents only. Due to the Federal funds received by the City of Delray Beach for the Beach Renourishment Program, the City is required to provide beach parking on an equal basis to all users. Hence the City is unable to limit beach parking permit to residents only at this time. Recommendation: It is recommended that the City review the time limit for the Federal stipulation to evaluate the feasibility of extending the beach parking permit program to residents only. If the program is extended to non- residents, it is recommended that the City review the feasibility of implementing a different pricing structure for non-residents. It is also recommended that the City review the rates of the beach parking permit at least every 2-3 years to ensure that the rates are comparable to the cost of parking in comparable locations. Review of Parking System Operations & Management The City’s parking operations and management procedures were reviewed to assess the effectiveness and to offer possible means for improvement. This review included items such as the current staffing level, revenue control procedures, training program and hours of operation for both on- street and off-street programs. Each of these issues is discussed in detail in the following sections. Parking Enforcement Enforcement of on-street parking within the City is provided by the Police Department. There is currently no dedicated police officer in charge of the program. The City of Delray Beach currently deploys Parking Enforcement Service (PES) personnel primarily through an all volunteer labor force who are tasked with the issuance of parking citations for patrons parked at the on-street meters in violation of the time limits. This volunteer force is primarily composed of retired individuals. The volunteers are certified after participating in a mandatory training program. A volunteer enforcement service is employed by many communities; however, generally these services are limited to enforcing the use of ADA parking spaces. The cost of citations charged by the City is $25 with payment due within 14 days. Failure to pay within the 14-day period results in an additional penalty of $25. Violations for parking in an ADA marked parking space incur a fine of $250. A boot may be affixed to a vehicle that has three outstanding citations or one outstanding ADA citation and one regular citation. The City performs its own collection activities and successfully collects approximately 85 percent of the citations issued. The City uses a collection agency for older outstanding citations; however, the success rate is fairly minimal. The most aggressive collection tool used by the City is to place a freeze on the reissuance of vehicle registrations for outstanding citations. The advantages of the City’s current citation program include: ƒThe cost of enforcement is minimal to the City ƒConcerned citizens can become a part of the City by assisting in the enforcement of parking ƒSince the enforcement force is all volunteer, the City cannot be accused of setting or enforcing a minimum number or citations as a means to increase revenue. The disadvantages to this program include: ƒTickets are issued in paper form only. There are other enforcement systems available in the market that offer computer aided citation printing and tracking of violators. ƒMany of the volunteers may not write very clearly thereby ending in adjudication of the parking ticket. ƒThe volunteers may write an excessive number of citations resulting in negative publicity for the City. ƒThe number of volunteers can increase during the winter “peak” months and decrease during the summer months, thereby making the enforcement program unbalanced throughout the year. ƒAdjudication of the citations may require more resources during the winter “peak” months as the number of citations increases. Recommendation: The City should consider changes to the parking enforcement program. Success in enforcement has been traditionally measured by metrics such as “revenue per space” or “citation collection ratios”; however a change in approach may be more effective in creating a positive image of the community. A more positive approach can focus on managing parking to make downtown more visitor-friendly thus enhancing the overall downtown experience. The City should consider a more positive approach to parking enforcement rather than a policing exercise. One way to establish this new approach is to re- evaluate the parking citation structure. If the problem relative to on-street parking enforcement is habitual long-term parkers (employees) taking up what should be short-term/high turnover parking resources (needed to help downtown retailers and service providers be successful), APPENDIX B 65 |Page then the citation structure should be changed to increased enforcement on chronic abusers and leniency on the occasional violator. Another step towards a positive approach could include a different kind of enforcement officer training that emphasizes the “downtown ambassador model” over the more typical enforcement/code compliance approach. In Boulder, CO, the downtown ambassadors are authorized to put an extra quarter in a meter that is about to expire with a pre-printed note on customer’s windshield that says: “We saw that your meter was close to expiring. The Downtown Boulder Business Community appreciates your patronage so we gave you an extra 15 minutes. We hope it helped.” Automated Citation Hardware The City currently uses manual citation procedures where the volunteers write tickets by hand. There are numerous companies that offer a variety of automated citation writing handheld computer systems. These systems will allow the City to select from a variety of handheld computers that allow the writing of citations and warnings, download scofflaw lists and permits, issue temporary parking permits, take payment for parking at events, and provide access to parking information to field officers. Recommendation: The City should consider an investment in automated citation handheld computers and associated hardware to improve the existing enforcement program. One issue that needs to be resolved is whether the City can assign relatively expensive devices to volunteer staff of the Parking Enforcement Service. Typically, these devices are entrusted to full time employees of the City. Revenue Control Procedures There are currently two levels of revenue control procedures in use in Delray Beach – on-street and garage collections. Each is unique and requires separate programs to ensure proper collection of City revenues. On-street meters The single space parking meters require collection more frequently than the multi-space meters. The current program requires the collection of the coin vaults from the single space meters twice per week and the collection of the coin vaults from the multi-space meters once per week. Garage The parking garages are currently operated by Accurate Parking under contract with the City. They are responsible for staffing, maintenance and cleaning of the garage. They provide personnel for collection of parking fees on Thursday through Saturday nights from 5:00 p.m. to 12:00 a.m. They maintain personnel at the garage until the garage closes at 2:00 a.m. Accurate Parking also provides personnel on Sundays through Wednesdays from 12:00 a.m. to 6:00 a.m. to provide security for the garages, perform cleaning and maintenance services, and open facilities in the morning. In Fall 2009, the City implemented a flat parking rate of $5 in the garages during Thursday through Saturday evenings between 5:00 p.m. and 12:00 a.m. Vehicles that are already in the garage are not assessed a parking fee. As a patron enters the garage, the parking attendant issues a paper ticket to the patron who is supposed to display the ticket on the dashboard of the vehicle. The ticket stock is a 3-part ticket that enables the cashier to keep one part of the ticket as proof the vehicle entered the garage facility. Excess money may be collected multiple times during a shift for storage in a vault. The money from the vault is collected and counted by two employees and reconciled by the Finance Department. There are several issues that need to be addressed in this process that will provide better accountability for the revenue. Currently there is only reconciliation with hand issued tickets to the cash. This type of an open system is subject to misuse of the revenue by the cashier. The City can consider implementation of the following options to assist in streamlining the revenue system for the garages. The first option is to require Accurate Parking to conduct a physical count of the vehicles that are parked within the garage prior to 5:00 p.m. and to conduct hourly counts of parked vehicles. This will provide a base count of parked vehicles that can be compared to the number of tickets issued, thereby giving an indication of the total number of tickets, and corresponding revenue. This system is still not the most accurate system available. The second option is to install counting loops at the entrance lanes that will record the number of vehicles entering the garage. This data can then be compared with the number of tickets issued and will provide a more accurate reconciliation process. The third option includes installing a revenue control system at all entrance and exits and require patrons to take a parking ticket when entering the facility. Payment would be made at a Pay-on-Foot device (see discussion of revenue control equipment in Chapter 10) prior to exiting. The method of payment could be by cash or credit/debit card. Accurate Parking would still maintain personnel at the garage to assist with any issues faced by patrons. This system is the most accurate system available and is less subject to fraud or misuse of funds. Table 9-1 below shows the estimated cost of acquiring and installing revenue control equipment within a garage. This estimate is based on provided equipment for two entry lanes and two exit lanes. Table 9-1 – Equipment Required for a Typical Garage Description # units Unit Cost Total Entry Lane: Gate 2 $ 4,000 $ 8,000 Ticket Dispenser 2 $ 22,000 $ 44,000 Loops and Counter 6 $ 200 $ 1,200 UPS 2 $ 1,500 $ 3,000 Exit Lane: Gate 2 $ 4,000 $ 8,000 Exit Station 2 $ 25,000 $ 50,000 Loops and Counter 4 $ 200 $ 800 UPS 2 $ 1,500 $ 3,000 Pay Station - Cash & CC 1 $ 50,000 $ 50,000 Pay Station – CC only 1 $ 30,000 $ 30,000 Installation LS $ 25,000 Communication LS $ 75,000 Software $ 50,000 Server 1 $ 25,000 $ 25,000 Total $ 373,000 * Table based on pricing proposed for 2009 projects APPENDIX B 66 |Page Recommendation: It is recommended that the option of installing a revenue control system will be most appropriate for the City’s long-term management of the two garages. Training methods and procedures The following lists the training that will be required with the installation of revenue control equipment: ƒThe meter technician is trained to perform maintenance services ƒThe meter technician follows established procedures for removing and delivering coin vaults to proper locations ƒThe volunteer Parking Enforcement Service workers are trained on the process of writing citations ƒAccurate Parking personnel are not city-trained and do not conduct audits All major parking management companies and municipalities train their employees with revenue control mechanism. However, APCOA/Standard Parking training and employee development system is considered as the best in the parking industry. Recommendation: With the implementation of revenue control equipment, there will be a need to train city staff and other personnel that will be responsible for parking operations. The City should develop and incorporate a comprehensive, well documented training program for its employees as well as Accurate Parking employees. The training should incorporate all aspects of the requirements such as patron interaction, internal processes, audit processes, etc. The International Parking Institute (IPI) offers training programs where they provide trainers to teach comprehensive programs on-site. The City could consider engaging the IPI to conduct a series of training programs for the city employees and Accurate Parking that will be focused on improved customer service and audit/revenue control procedures. Hours of Operation The City’s current hours of operation for on-street and off-street parking are discussed below. On-Street Parking The City currently enforces the on-street parking program from 8:00 a.m. to 8:00 p.m. throughout the year with a maximum four hour stay at each metered space, which are all located within the beach district. Off-Street Parking The City currently charges for a flat rate of $5 for parking in the two downtown garages (Old School Square and Robert Federspiel garages) starting on Thursday evening at 5:00 p.m. through Saturday evening ending at 12:00 a.m. The City does not charge for parking in the other surface parking lots. Consequently, the City is experiencing overflow conditions in some of the downtown surface parking lots. Recommendation: Recommendations related to parking pricing and the corresponding hours of enforcement for on-street and off-street parking facilities are discussed in Chapter 11 – Public Parking Fee. APPENDIX B 67 |Page CHAPTER 10 – REVENUE CONTROL EQUIPMENT This chapter discusses the various revenue control equipment that is currently available for both on-street and off-street parking systems. On-Street Program As communities have begun to renew their focus on the revitalization of their downtown areas, the availability of on-street parking has become extremely important. The provision for on-street parking serves as an effective parking management tool, while increasing pedestrian safety and supporting local businesses. On-street parking offers convenience, uses less space than parking lots or garages, and creates an atmosphere that encourages walking thus contributing to a healthier and busier downtown. Typically, on-street parking is a more cost effective method for providing public parking within downtowns as compared to providing public parking only through parking garages or surface lots. The primary constraint to providing on-street parking is the availability of adequate right-of-way within downtowns. The availability of right-of-way will determine the degree on-street parking is feasible. Standard on-street parking stall dimensions typically range from 7 to 9 feet wide by 18 to 23 feet in length. On-street parking can be configured in several ways depending on the existing conditions and available right-of- way. For example, on-street parking configurations can include: ƒParallel parking on one or both sides of roadway ƒDiagonal parking on one or both sides of roadway ƒBack-in diagonal parking on one or both sides of roadway ƒCombination of the above In some communities, on-street parking is not viewed favorably due to its perceived impact on traffic flow, safety, and the need for additional parking enforcement staff. However, the presence of on-street parking in downtown areas helps support mixed-use developments, especially those that contain ground floor retail uses which directly benefit from on-street parking. On-street parking also reduces the need for additional land required for parking lots and garages. The benefits of on-street parking are listed below: ƒSupports retail by providing easily accessible parking ƒCreates buffer between pedestrians and through traffic ƒServes as a traffic calming device ƒIncreases efficiency of the use of land ƒProvides for more pedestrian-friendly environment ƒProvides an additional revenue source The challenges with on-street parking include: ƒIncreases visual obstructions between drivers and pedestrians ƒIncreases conflicts between on-street parking and bike lanes ƒIn some areas requires additional right-of-way ƒPotentially increases traffic congestion as drivers perform parking maneuvers and/or search for on-street spaces ƒRequires enforcement either through police department or parking enforcement officers An effective on-street parking program within the City can become an integral component of the overall management strategy for parking throughout the city. Expanding the current on-street parking program can be an effective tool for the city as well as become a possible new revenue source for the city. Many cities today provide metered on-street parking within downtowns along with parking time enforcement. The City of Delray Beach currently has a combination of meter technology to control its on-street parking. These meters include a combination of single space meters and multi-space meters. Table 10-1 shows the types of meters and the approximate dates of deployment within the City. Table 10-1 – Meter Deployment Dates in Delray Beach Type of Meter Installation Date Duncan mechanical meters 1975 - 2008 POM March 2008 Digital Payment Technology August 2008 IPS January 2010 The IPS meters were installed in January 2010 for a three-month trial period. This trial period has been extended for another three months. The City installed the IPS single space meters primarily along SR A1A and Atlantic Avenue within the Beach Area. The IPS meters represent new technology in single space meters and can collect parking fees through coins, credit cards, or smart cards. There are several options of available parking meter technology that should be reviewed for future acquisition and implementation. Each of these types of meters is designed for specific situations and, it is possible, that a combination of several might be the most appropriate solution for deployment within the City. The four main types of technology available are: ƒSingle Space meters ƒDual head meters ƒMulti-space meters: o Pay-by-Space meters o Pay-and-Display meters ƒMulti-space pay stations Each of the above mentioned meter technologies are discussed below along with their capabilities and limitations. Single Space Meters Single space meters are typically installed at on-street parking spaces where there are a small number of spaces to be metered. These meters can accept coins and credit/debit cards and the newer meters can be configured to accept payment by cell phone. APPENDIX B 68 |Page The older meters were mechanical meters that could only accept coins. The newer meters available today are electronic and can accept numerous payment options. These new meters can also provide detailed accounting and management information to a central server if they are installed with a web enabled software and communication feature. By accepting coins, the coin vaults must be collected and the coins subsequently counted which results in operational costs associated with this function. Many cities contract with a third party to perform this function. Dual Headed Meters In an attempt to reduce the total number of meter stanchions installed on a block face, many cities decide to install a single stanchion serving two parking spaces that will hold two single space meters. These meters function as a single space meter per parking space. Multi-Space Meters Multi-space meters further reduce the number of meter stanchions on a block face. A single multi-space meter can serve as many as 12 on-street parking spaces. Multi-space meters are available in two options – Pay-by- Space and Pay-and-Display. There are advantages and disadvantages to each option and the City should carefully evaluate which technology offers the most benefit for their specific operation prior to acquiring and deploying this technology. The two types of multi-space meters are described further below. Pay-by-Space Meters The Pay-by-Space parking meters require a patron to pay for the specific marked parking space where their vehicle is parked. This type of electronic meter has dramatically improved on-street parking management. These meters provide municipalities with the ability to reduce operating costs and improve enforcement efficiencies. The latest generation meter offers enhancements in operability, maintenance, collections, revenue and customer convenience. These meters provide the ability for reconciliation of revenue with collection, assist adjudication by verifying meter performance, and provide information to manage collection, maintenance and repair schedules, etc. Pay-by-Space meters are highly reliable for improved operability; reduced maintenance, repair and collection costs; reduction in vandalism; and the availability of online viewing of meter operations from a centralized computer. Most models accept credit cards and other payment methods, thereby improving customer service, reducing theft and reducing operating costs associated with the collection and counting of coins. The major disadvantage to Pay-by-Space meters is that each on-street parking space must be carefully marked with a space number so that the patron can enter the parking space number into the meter when paying their parking fee. Patrons can inadvertently enter an incorrect parking space number thereby resulting in a citation. Unless the owner prefers to offer a printed receipt for the use of credit cards, the Pay-by-Space meter does not require receipt paper, thereby reducing operating costs of purchasing and inventorying receipt paper as well as having to replace the receipt paper once it depletes the roll. Pay-and-Display Meters The Pay-and-Display meter requires the patron to exit his/her vehicle, conduct a transaction at the meter, extract the paper receipt, and return to their vehicle to display the receipt on the dashboard of their vehicle. Because the patron does not have to enter a unique parking space number, the Pay-and- Display meter is more flexible than the Pay- by-Space meter and can be used in a variety of parking facilities or locations. There are two main disadvantages associated with the Pay-and-Display meters. First is the requirement that patrons must first walk to the meter to conduct the transaction and then return to their vehicles to display the receipt on the dashboard. The second disadvantage is that every transaction requires a paper receipt to be printed, thereby resulting in increased operating costs. The primary advantages of the Pay-and-Display meter are that the owner does not need to identify each parking space with a unique number. Secondly, this device offers more flexibility to the owner to develop creative payment programs designed to increase the use of the parking meters and providing more flexibility to their patrons to use the parking meters without penalizing the patron. For example, the City of Houston implemented a program called “The Hopper” whereby a patron can pay a APPENDIX B 69 |Page single fixed fee and park at any meter in the downtown area during the day, in effect “hopping” from one meter to another. This program allows a patron to move between locations without paying additional parking fees. The Hopper program has been extremely successful. Multi-Space Pay Stations Each of the two devices described above, the Pay-by-Space and the Pay- and-Display Meters, are multi-space pay stations with distinct uses. They can also be used as payment systems for surface lots, however, there are other devices that offer more flexibility for use payment systems in surface lots. These devices are Multi-Space Pay stations or Pay-on-Foot (POF) stations. Larger in size than the other two meters, these POF stations offer additional advantages to the patron in that they can be set up to accept a variety of coins, currency, and credit/debit cards. These devices can also provide change to the patron thereby further increasing the flexibility and ease of use. Many owners elect to acquire a combination of POF stations so that at least one will accept coins and currency while others only accept credit/debit cards. Enforcement As with parking meters there are many options for enforcement of parking fees that range from the issuance of a manual citation to the use of handheld computers that issues the citation, records the citation, takes an image of the vehicle’s license plate, uploads this information into a central server, and more. Parking meter vendors typically offer handheld computers that communicate directly with their parking meters; however, there are others that operate as a standalone device. The handheld computers are typically a portable, one-piece computer that includes an integrated thermal printer. They are lightweight, but rugged enough to stand up to the rigors of the parking enforcement environment. Many of the features of handheld citation computers are: ƒA wireless communication with the parking meter ƒAutomatically stores all ticket information within the handheld ƒElectronic transfer of citation data to the host computer thereby minimizing time spent completing and filing reports. ƒInformation can also be electronically transferred to the citation processing system. By eliminating the re-entering of data from handwritten citations, accuracy is maximized, time is minimized and collection is improved. The use of these enforcement tools provides extremely accurate citation and supporting data which reduces the forgiving of citations during the adjudication process. Courts have the supporting data to enforce the citations which increases revenue for the owner. Conclusion for On-Street Revenue Control Systems There are many options available to consider when researching revenue control systems. The owner must make several decisions applicable to these devices, including such items as: ƒLevel of sophistication of the device ƒSpecific use within the parking facility ƒImpact to the look of the streetscape ƒEase of operation ƒEase of maintenance ƒReporting capability, and ƒEnforcement Owners typically follow a Request for Proposal (RFP) process when acquiring these devices. The RFP process allows the owner to identify exactly what features they want included in the devices and the vendors all submit proposals based upon one set of requirements. Since the features vary between vendors, the RFP process allows the owner the flexibility to select the product that most matches their requirements and will provide the highest value to the owner. The City may wish to consider migrating to the multi-space meters, particularly along Atlantic Avenue in order to reduce street clutter and improve walkability. Recommendation: It is recommended that the City implement multi-space meters for on- street parking revenue control. Of the two types of multi-space meters; Pay-and-Display and Pay-by-Space meters, the Pay-and-Display meters are expected to be more appropriate for implementation within the City. These meters do not require the identification of the parking space on the street surface and are more flexible in use than the Pay-by-Space meters. They can communicate to a remote server that can provide an extensive array of financial and audit reports as well as provide alarms for when certain conditions are met, such as low receipt paper, full coin vaults, etc. These devices can also be used to recharge smart cards or debit cards that are used by many patrons. Off-Street Revenue Program Similar to the revenue control equipment available for on-street parking systems, there are numerous options available for implementation for off-street parking facilities. In addition to the traditional cashier system, there are other automated revenue control systems. The Pay-on-Foot multi-space pay stations can be used in off-street parking. The acceptance of POF stations in off- street parking facilities is becoming more widely accepted in the United States. More communities are implementing POF stations at parking garages rather than require cashiers to be present to collect parking fees. APPENDIX B 70 |Page Typically, the off-street parking facility is a larger facility and restricts entry and exit in the facility through the use of barrier gates. At each entry lane is installed a ticket dispenser that activates upon the activation of a vehicle crossing a series of inductive loops imbedded below the surface of the lane. Patrons can either extract a paper ticket thereby raising a gate for entrance into the facility or they can insert a credit/debit card that will also allow entrance into the facility. Once in the facility, the patron must either pay the parking fee at a POF station and insert the paid ticket into an exit station in order to exit the facility, or present the paper ticket to a cashier that is in a cashier booth located in the exit lane of the facility. Additionally, the patron has the option to pay by credit card at the exit lane. If the owner decides to operate the facility without a cashier present, there must be an integrated intercom system that provides the ability for the patron to contact someone in case of a problem. Recommendation: It is recommended that the City install automated revenue control equipment at the two downtown garages. This will enhance the revenue control system and procedures and require fewer personnel on-site. The garages can be opened for parking by simply raising the barrier gates in the entry and exit lanes. Once collection activity starts, the barrier gate arms are lowered and all patrons are required to pay to exit. Parking Monitoring System to Track Utilization, Turn-over, and Information Monitoring of available parking equipment is an important component of parking system management. Technology is now available through integrated web based systems that link vehicle detectors (using sonar), digital parking meters, wireless telemetry, and web-based geospatial information technology to enable parking space control and near real-time parking management information. The information collected can be fed to variable message signs strategically located along the City street systems and parking guidance signs located at the entrance of the parking structure. These systems not only directs motorist to the most convenient and available parking, but provides real-time information on vehicle movements so that a parking system can make most efficient use of parking spaces. APPENDIX B 71 |Page CHAPTER 11 – PUBLIC PARKING FEE The City and the CRA have constructed a significant number of parking facilities over the past decade. In addition to the land and construction costs associated with these facilities there is also significant out-of-pocket costs related to operation and maintenance of these facilities that place a burden on the City and CRA’s personnel and financial resources. In an attempt to offset the significant expenses as well as promote efficient parking management, several communities throughout the country have implemented the philosophy of a user based parking fee system. A paid parking system has been successfully implemented in communities to offset significant parking operations and maintenance costs and to divert existing limited financial resources towards improving existing facilities as well as providing new facilities that will be needed to meet future demand. The feasibility of implementing paid parking within the City is evaluated in this chapter. Current State of Practice A survey of communities, some of which have similar characteristics of the City of Delray Beach, was conducted to identify parking strategies implemented within those communities and how these or similar strategies may be implemented to improve parking within the City of Delray Beach. This peer city survey included questions dealing with the size and scope of their parking facilities, pricing strategies for on-street and off-street parking, enforcement of their facilities and ordinances, and other issues regarding their parking strategies. The peer cities evaluated as part of this study include a variety of sizes and locations, mostly within Florida. Some of these cities currently charge for parking while some do not. The range of parking programs also varies widely between communities. The comparison cities included in this survey are: ƒBoca Raton, FL ƒClearwater, FL ƒHollywood, FL ƒOrlando, FL ƒMiami, FL ƒSarasota, FL ƒWest Palm Beach, FL ƒSan Buenaventura, CA The survey document was discussed with representatives of each of the selected communities and then forwarded to that individual to complete and return. Every city identified agreed to complete the survey form and be included in the study. Copies of each completed survey form are included as attachments to this report. In addition to these surveys, the study team also conducted a review of an annual parking study conducted and published annually by Colliers International. This study includes information from cities throughout the United States plus international cities for comparison purposes. The 2009 Colliers International survey was used to review off-street parking rates across the nation. The 2008 Colliers International survey was also reviewed to identify on-street parking rates since the 2009 survey did not include information regarding the on-street parking statistics. The best practice in the parking pricing strategy is to encourage patrons to use the various parking facilities in the manner they are intended and designed. On-street parking is intended to support patrons that park for short time periods, thus supporting a high turnover during the day. Off- street parking (garages and surface lots) is intended to support longer periods of time, typically at least four hours or more. The following sections present a summary of the data collection and observations while highlighting information that may be useful for consideration and incorporation to better manage parking within the City of Delray Beach. On-Street Parking Table 11-1 and Chart 11-1 shows the pricing rates currently charged for on- street parking at the cities that were surveyed. Two of the eight cities surveyed do not currently charge for parking. It should be noted, however, that one of the two cities that currently does not charge for parking (Boca Raton) is in the process of implementing a paid parking program. Of the cities that currently charge for parking, the parking rates observed range from a minimum of $0.25 per hour to a maximum of $2.00 per hour. In many cities, the prices vary within the different areas of the city such as downtowns, outside downtowns and beach areas. Beach area parking typically tends to be higher than parking within downtowns or outside downtowns. Charging a fee for parking is typically used as a mechanism to regulate parking demand within these cities. Because parking is a scarce resource within downtowns and Community Redevelopment Areas, charging a fee for parking ensures that the parking supply is based on optimal parking demand. Table 11-1 – Summary of On-Street Parking Rates City On-Street Rates Boca Raton, FL Free Hollywood, FL $1.00/hr West Palm Beach, FL $0.75 - $1.25/hr Sarasota, FL Free Orlando, FL $1.00 - $2.00/hr Miami, FL $0.50 - $1.25/hr Clearwater, FL Downtown: $0.25 - $0.50/hr Beach: $0.75 - $1.25/hr Buenaventura, CA $1.00 - $1.50/hr The following graph shows the current maximum hourly parking rate charged by the peer cities within our survey. Chart 11-1 – Maximum Hourly Parking Rates at Meters Table 11-2 presents the national average parking rate as summarized in the 2008 Colliers International Survey. The median national average as reported in the Colliers International Survey is $1.48 per hour. Table 11-2 – Colliers International Parking Rate Survey High Low Median National Average $1.88 $1.05 $1.48 APPENDIX B 72 |Page The City of Delray Beach currently charges a fee of $1.25 per hour at the metered spaces in the beach area. This rate is less than or equal to that of the other cities surveyed that charge for parking, except Hollywood, FL, and is slightly lower than the median national average reported by Colliers International. Based on the survey, the parking rate charged by the City of Delray Beach is consistent with the comparison cities included in the study and is appropriate for the City of Delray Beach. Hours of Operation An integral component of an on-street meter program is the establishment of the hours of operation that are subject to the parking fee program. Most communities operate their meter program during standard weekday business hours; however, there is a significant change in strategy over the recent years to expand the hours of coverage to include longer days (extending hours to 10:00 p.m. or later) as well as to include weekend and holiday activities. Table 11-3 presents the on-street enforcement hours of the cities that were reviewed as part of the study. Three of the peer cities enforce on- street parking until midnight, Monday through Saturday with one peer city (Hollywood, FL) enforcing on-street parking 7 days per week. Table 11-3 – Hours of operation of Peer Cities City On-Street Hours Boca Raton, FL Free Hollywood, FL 8 A.M. – Midnight 7 days per week West Palm Beach, FL 7 A.M. – Midnight Monday - Saturday Sarasota, FL 8 A.M. – 5:30 P.M. Orlando, FL 8 A.M. – 6 P.M. Monday - Saturday Miami, FL 10 A.M. – 6 P.M. 4 hr limit 6 P.M. – midnight 2 hr limit Clearwater, FL No posted hours Buenaventura, CA No posted hours The hours of enforcement for on-street parking in the Beach District in Delray Beach are between 8 a.m. and 8 p.m. Currently, on-street parking is provided for free within downtown Delray Beach and the hours of enforcement for the two-hour parking limit are between 8 a.m. and 5 p.m. Certain parking spaces are reserved for valet parking between the hours of 5 p.m. to 11 p.m. Extending the hours of enforcement to 12:00 a.m., at least on high-demand days such as Fridays and Saturdays, will encourage patrons to park in off-street parking facilities leaving the convenient on- street parking spaces for those patrons willing to pay for the convenience of parking in closest proximity to the business. This will also result in increased revenues from the increased enforcement hours. Off-Street Parking Typically, parking rates charged at surface parking lots are lower than those charged at multi-level garages. The reason for this pricing variance is due to the higher costs of designing, constructing, and maintaining the multi-level garages. Table 11-4 presents the national average parking rate as summarized in the 2009 Colliers International Survey. The 2009 Colliers International Annual Parking Survey does not include data on surface lots, but does include data for garages. Based on the data, the median national average fee in garages is $5.57. Table 11-4 – Colliers International Survey Garage Pricing High Low Median National Average $8.91 $3.12 $5.57 Table 11-5 shows the hourly rates and maximum rates charged by the surveyed cities for parking in a multi-level garage. Table 11-5 – Parking Fees Charged in Garages Peer City Hourly Parking Rate Daily Max Boca Raton $15.00 -$16.00 during week $17.00 - $18.00 Weekends/Holidays Hollywood $1.00/hr $5.00 Off-Peak Season $10.00 Peak Season $20.00 Special event West Palm Beach 1st hr free before 10 p.m. After 10 p.m. - $1.00 1 – 1.5 hrs - $2.00 Each addt’l 30 min - $1.00 $10.00 Sarasota $0.50/hr $5.00 Orlando $1.00 - $5.00 Miami Garages: $0.50 -$8.00 Lots: $1.00 - $4.00 Garages: $5.00 -$18.00 Special Events: $20.00 Clearwater Downtown: $0.25 - $0.50 Beach: $0.75 - $1.50 M-F $1.00 - $2.00 Sat - Sun & Peak Season Downtown: $3.50 -$5.00 Beach: $10.00 Mon-Fri, Peak Season $12.50 Sat-Sun, Peak Season Buenaventura, CA Free The City of Delray Beach recently implemented a flat fee of $5.00 after 5 p.m. between Thursdays and Saturdays at the two downtown garages: Robert Federspiel and Old School Square Garages. This rate is lower than the nationwide average illustrated in Table 11-4 and the surveyed cities illustrated in Table 11-5. Given a choice, motorists usually prefer unpriced parking. But unpriced parking is not really free parking; residents and patrons ultimately bear parking costs through higher taxes and retail prices, and reduced wages and benefits. The choice is actually between paying for parking directly or indirectly. This underpricing results in inefficient use of parking facilities and excessive parking demand. Typically, a parking facility is considered full when it meets or exceeds 85% utilization. Based upon the current utilization of the surface lots, many of the surface lots exceed this utilization, especially on Friday and Saturday APPENDIX B 73 |Page evenings. The four surface lots with the highest utilization are: Gladiola Parking Lot, Village Parking Lot, Railroad Parking Lot and the Monterey Parking Lot. All four lots exceeded 100% utilization during some evening time periods. Parking Revenue Recommendations for Delray Beach The parking fee system recommended for the City is intended to achieve the following objectives: ƒMaintain parking efficiencies – the fee structure will encourage patrons to use the on-street parking spaces for short-term parking and the off-street parking facilities for long-term parking. ƒContribute revenues to maintain parking within downtown – The collection of revenues within the downtown district will provide the City and the CRA with a means to pay for the expenses of providing and maintaining parking in the downtown area thus maintaining adequate parking supply to accommodate residents, employees and visitors. ƒStrengthen transportation infrastructure – the revenues can be used to strengthen the transportation infrastructure within downtown, such as provision of transportation to off-street parking facilities through shuttle, tram or trolley service, related physical improvements such as bus shelters and right-of-way modifications. The program is designed to provide patrons the option of choosing the type of parking based upon the desired length of stay and their perception of convenience and comfort while ensuring available parking supply within the downtown. The recommended fee structure involves charging a graduated fee, from high to low, in the following order of facilities: ƒHighest fee for on-street parking at the downtown core ƒLower fee for the off-street parking facilities in the downtown core with a daily maximum fee ƒLower fee structure for on-street and off-street parking facilities within downtown district outside of core area ƒNo fee for on/off-street parking facilities in West Atlantic neighborhood or other outlying areas to encourage redevelopment This will encourage employees and patrons who do not wish to pay for convenient on-street parking to park in off-street parking facilities, thereby providing the most convenient parking spaces for those patrons who are willing to pay for that convenience. The following section describes the proposed fee structure recommended for the City along with estimated revenue projections, hours of operation, the types of revenue control equipment, and validation programs. On-Street Parking Program On-street parking is the most convenient form of parking and is the first choice for parkers within a downtown setting. On-street parking offers immediate access to adjacent land uses and is the shortest walking distance to a destination. On-street parking is intended for short-term parking, typically between 1-2 hours, and should encourage turnover throughout the day to generate economic activity. It is a critical resource for retailers. The convenience of on-street parking closest to retail should translate into a higher cost for patrons wishing to use them. It is recommended that the on-street parking fee structure of $1.25 per hour be maintained within the Beach District as well as extended to the core of the Downtown District. It is also recommended that an on-street parking fee of $0.75 per hour be implemented for on-street parking spaces outside of the core of the Downtown District. The streets recommended for implementation of an on-street parking fee include: ƒAtlantic Avenue between NW 5th Avenue and Marina Way ƒSE 1st Street between Swinton Avenue and SE 6th Avenue ƒNE 1st Street between Swinton Avenue and NE 6th Avenue ƒNE 2nd Street between Swinton Avenue and NE 4th Avenue ƒNE/SE 1st Avenue between SE 1st Street and NE 2nd Street ƒNE/SE 2nd Avenue between SE 1st Street and NE 2nd Street ƒSE 3rd Avenue between NE 2nd Street and NE 3rd Street ƒNE 4th Avenue between SE 1st Street and NE 2nd Street The recommended on-street parking fee is structured as follows: the first twenty minutes of parking is provided for free, with a fee charged of $1.25 per hour after the first 20 minutes with a maximum stay allowed of two hours. This will encourage turnover of spaces within the downtown core and encourage long-term parking in the off-street facilities. The recommended hours of enforcement for the parking fee are 10 a.m. to 8 p.m. from Mondays through Thursdays and between 10 a.m. to midnight on Fridays and Saturdays. No fee is recommended at these locations on Sundays. Off-Street Parking Program Off-street parking is designed to accommodate patrons who wish to park for longer hours – typically 4 hours or more – and do not want to pay a higher premium for parking on-street. There are several pricing mechanisms that can be used to encourage long-term parking within the off-street facilities while not causing excessive financial burden. Some of the off-street pricing options implemented by other communities are described below. Option 1 – Lower Hourly Rate than On-street Parking The first option includes charging an hourly rate that is less than the rate charged for on-street parking. This option might only be beneficial if the off-street parking rate is significantly lower than the on-street parking rate to attract longer term patrons. Option 2 – Same Hourly Rate with a Cap A second option includes charging the same hourly rate as charged for on- street parking; however, the total daily fee is capped at a maximum rate such that parking in the off-street facility would cost less over a 6-8 hour period than if the patron had parked in an on-street metered space. For example, the city could cap the daily maximum fee charged in off-street parking lots at $5.00, which would represent a discount of $5.00 from parking in an on-street meter for the same amount of time. This option does not offer the most incentive to entice short-term parkers away from the on-street meters into an off-street parking facility. APPENDIX B 74 |Page Option 3 – Same Hourly Rate with a Discount for the First 1 or 2 hours The third option is similar to Option 2; however, there will be no charge for parking for the first 30 minutes or an hour and then the same rate of on- street parking with a cap on the daily maximum will apply. This option would reduce the effective parking rate to an amount lower than that charged for on-street parking, thereby providing an incentive to the patrons who wish to park for a longer amount of time to park in the off- street parking facilities. It is recommended that the City implement paid parking at off-street parking facilities that are closest to the downtown core at a rate lower than off-street parking. The parking facilities that are located further out from the core can be charged at a lower fee to attract longer term patrons and employees. The pricing for the parking garages can be structured in a manner that is attractive for employees and longer term patrons; this will balance parking utilization in the downtown as well as generate revenue to maintain parking facilities within the study area. It is also recommended that revenue control systems, such as multi-pay stations, be installed in each of these parking facilities. The amount charged should be $1.00 per hour in surface lots within the downtown district and $0.75 outside of the downtown district with a maximum of $5.00 per stay. This maximum parking fee would be consistent with the flat fee currently charged at the parking garages in Delray Beach. The recommended off-street parking fee structure for off-street parking includes charging a fee of $1.00 per hour with a maximum daily limit of $5.00 with the first hour provided for free. The facilities recommended for charging include: ƒVeterans Lot ƒGladiola Lot ƒVillage Lot ƒOld City Lot ƒRailroad Lot ƒOld School Square Garage ƒRobert Federspiel Garage The facilities outside the core are recommended for off-street parking fee of $0.75 per hour with a maximum daily limit of $5.00 with the first hour provided for free. This will provide savings for patrons parking for less than 6 hours but will remain the same as other off-street parking facilities for patrons parking for more than 6 hours. The facilities outside the core recommended for charging include: ƒCason Cottage Lot ƒTennis Center Lot ƒMonterey Lot The recommended hours of enforcement for the parking fee are 10 a.m. to 8 p.m. from Mondays through Thursdays and between 10 a.m. to midnight on Fridays and Saturdays. No fee is recommended at these locations on Sundays. It should be noted that the recommended pricing structure is not rigid and should be observed and monitored over time after implementation to ensure that it is creating the desired behavior amongst patrons. The fee for the on-street and off-street facilities can be adjusted accordingly to promote short-term parking in the on-street facilities and longer-term parking in the off-street facilities. Another option for the City to consider could also include providing free parking for employees in the Old School Square Garage for the first few years in order to increase usage of the parking garage. Once the patrons are comfortable using the facilities and desired behavior is achieved then an appropriate parking fee can be implemented. APPENDIX B 75 |Page Revenue Hour Projections Tables 11-6, 11-7, and 11-8 summarize the number of parking spaces located in these parking facilities and the revenue hours based on the recommended hours of enforcement on weekdays (Mondays – Thursdays), Fridays and Saturdays. The revenue hours are calculated by multiplying the total number of spaces in each facility by the utilization during each time period. Table 11-6 – Weekday (Monday – Thursday) Revenue Hours Calculation Facility Name Supply 10 - 1 1 A M 11 - 1 2 P M 12 - 1 P M 1 - 2 P M 2 - 3 P M 3 - 4 P M 4 - 5 P M 5 - 6 P M 6 - 7 P M 7 - 8 P M P7 Veterans Lot 102 27 36 44 42 40 34 29 29 29 29 P8 Gladiola Lot 74 24 32 41 39 37 33 29 29 29 30 P9 Village Lot 40 19 25 31 29 27 23 19 19 19 18 P10 Old City Lot 55 22 29 36 34 32 28 24 24 24 24 P11 Railroad Lot 191 100 135 169 161 154 154 154 149 143 138 P12 Old School Square Garage 505 84 103 121 110 98 94 90 85 80 75 P14 Cason Cottage Lot 10 5 5 6 5 4 4 4 3 3 2 P15 Robert Federspiel Garage 198 70 78 87 73 60 60 60 55 50 46 P16 Monterey Lot 82 61 69 78 67 56 54 53 48 44 40 P18 Tennis Center Lot 83 31 35 39 34 28 28 27 25 22 20 Atlantic Avenue 141 71 106 106 106 93 93 93 106 106 106 SE 1st St 61 20 20 20 20 20 20 20 20 20 20 NE 1st St 45 15 15 15 15 15 15 15 15 15 15 N/S Aves Btwn SE 1st St & NE 1st St 131 54 71 71 71 65 65 65 71 71 71 North of NE 1st Street 199 33 33 33 33 33 33 33 33 33 33 APPENDIX B 76 |Page The revenue hour projections were made based upon the current utilization of the parking facilities that were observed during the study process. The utilization during certain time periods of the following facilities was determined through the study process and is summarized in Chapter 3. The utilization for the remainder of the time periods at these facilities and at the remainder of the facilities at which no data was collected was extrapolated from the data collected during the study hours at the representative facilities. Other assumptions that were used in the generation of revenue hour estimates include: ƒTurnover occurs within spaces, allowing certain percentages of patrons during each time period to qualify for either 20-minute free parking or one-hour free parking, depending upon the facility. ƒIn off-street parking facilities during the afternoon and evening hours, a certain portion of the patrons have reached the $5.00 maximum charge. Table 11-7 – Friday Revenue Hours Projections Facility Name Supply 10 - 1 1 A M 11 - 1 2 P M 12 - 1 P M 1 - 2 P M 2 - 3 P M 3 - 4 P M 4 - 5 P M 5 - 6 P M 6 - 7 P M 7 - 8 P M 8 - 9 P M 9 - 1 0 P M 10 - 1 1 P M 11 - 1 2 A M P7 Veterans Lot 102 27 36 44 42 40 34 29 35 41 48 54 60 66 63 P8 Gladiola Lot 74 24 32 41 39 37 33 29 36 43 50 57 64 71 67 P9 Village Lot 40 19 25 31 29 27 23 19 23 26 30 33 37 40 38 P10 Old City Lot 55 22 29 36 34 32 28 24 29 34 39 44 49 54 51 P11 Railroad Lot 191 100 135 169 161 154 154 154 162 170 178 187 195 203 193 P12 Old School Square Garage 505 84 103 121 110 98 94 90 91 92 92 93 94 95 70 P14 Cason Cottage Lot 10 2 3 3 3 3 3 3 3 2 2 1 1 0 0 P15 Robert Federspiel Garage 198 70 78 87 73 60 60 60 73 85 98 110 123 135 125 P16 Monterey Lot 82 61 69 78 67 56 54 53 59 65 72 78 84 90 86 P18 Tennis Center Lot 83 31 35 39 34 28 28 27 30 33 36 39 42 46 43 Atlantic Avenue 141 71 106 106 106 93 93 93 106 106 120 120 120 120 120 SE 1st St 61 20 20 20 20 20 20 20 20 20 31 31 31 31 31 NE 1st St 45 15 15 15 15 15 15 15 15 15 23 23 23 23 23 N/S Aves Btwn SE 1st St & NE 1st St 131 54 71 71 71 65 65 65 71 71 88 88 88 88 88 North of NE 1st Street 199 33 33 33 33 33 33 33 33 33 50 50 50 50 50 Table 11-8 – Saturday Revenue Hours Projections Facility Name Supply 10 - 1 1 A M 11 - 1 2 P M 12 - 1 P M 1 - 2 P M 2 - 3 P M 3 - 4 P M 4 - 5 P M 5 - 6 P M 6 - 7 P M 7 - 8 P M 8 - 9 P M 9 - 1 0 P M 10 - 1 1 P M 11 - 1 2 A M P7 Veterans Lot 102 23 29 35 34 32 31 40 49 58 60 62 64 66 63 P8 Gladiola Lot 74 9 13 16 20 23 27 40 53 66 67 68 70 71 67 P9 Village Lot 40 22 28 33 29 26 22 26 29 33 35 37 38 40 38 P10 Old City Lot 55 19 24 29 27 26 25 32 40 47 49 51 52 54 51 P11 Railroad Lot 191 90 124 158 142 127 111 134 156 179 185 191 197 203 193 P12 Old School Square Garage 505 97 88 79 72 65 57 70 82 95 95 95 95 95 70 P14 Cason Cottage Lot 10 2 4 5 4 3 2 2 2 2 2 3 3 4 3 P15 Robert Federspiel Garage 198 49 31 13 14 15 16 22 29 35 60 85 110 135 125 P16 Monterey Lot 82 27 29 30 29 28 26 34 42 50 60 70 80 90 86 P18 Tennis Center Lot 83 14 15 15 15 14 13 17 21 25 30 35 41 46 43 Atlantic Avenue 141 47 56 56 56 47 47 71 106 113 120 120 120 120 120 SE 1st St 61 15 15 15 15 15 15 20 20 20 31 31 31 31 31 NE 1st St 45 11 11 11 11 11 11 15 15 15 23 23 23 23 23 N/S Aves Btwn SE 1st St & NE 1st St 131 38 43 43 43 38 38 54 71 74 88 88 88 88 88 North of NE 1st Street 199 25 25 25 25 25 25 33 33 33 50 50 50 50 50 APPENDIX B 77 |Page Revenue Projections Tables 11-9, 11-10, and 11-11 summarize the revenue projections that were calculated by applying the recommended fee strategy to the revenue hours shown in Tables 11-6, 11-7, and 11-8, respectively. Table 11-9 – Weekday (Monday – Thursday) Revenue Projections Facility Name Supply 10 - 1 1 A M 11 - 1 2 P M 12 - 1 P M 1 - 2 P M 2 - 3 P M 3 - 4 P M 4 - 5 P M 5 - 6 P M 6 - 7 P M 7 - 8 P M P7 Veterans Lot 102 $0 $31 $37 $36 $34 $29 $20 $18 $17 $17 P8 Gladiola Lot 74 $0 $27 $35 $33 $31 $28 $20 $18 $17 $17 P9 Village Lot 40 $0 $21 $26 $25 $23 $20 $13 $12 $11 $10 P10 Old City Lot 55 $0 $25 $31 $29 $27 $24 $16 $15 $14 $14 P11 Railroad Lot 191 $0 $115 $144 $137 $131 $131 $105 $95 $85 $79 P12 Old School Square Garage 505 $0 $88 $103 $94 $83 $80 $61 $54 $48 $43 P14 Cason Cottage Lot 10 $0 $3 $4 $3 $3 $3 $2 $1 $1 $1 P15 Robert Federspiel Garage 198 $0 $66 $74 $62 $51 $51 $41 $35 $30 $26 P16 Monterey Lot 82 $0 $44 $50 $43 $36 $34 $27 $23 $20 $17 P18 Tennis Center Lot 83 $0 $22 $25 $22 $18 $18 $14 $12 $10 $9 Atlantic Avenue 141 $41 $74 $74 $74 $65 $65 $65 $74 $74 $74 SE 1st St 61 $12 $14 $14 $14 $14 $14 $14 $14 $14 $14 NE 1st St 45 $9 $10 $10 $10 $10 $10 $10 $10 $10 $10 N/S Aves Btwn SE 1st St & NE 1st St 131 $31 $49 $49 $49 $45 $45 $45 $49 $49 $49 North of NE 1st Street 199 $12 $14 $14 $14 $14 $14 $14 $14 $14 $14 Total $105 $603 $690 $645 $585 $566 $467 $444 $414 $394 APPENDIX B 78 |Page Table 11-10 – Friday Revenue Projections Facility Name Supply 10 - 1 1 A M 11 - 1 2 P M 12 - 1 P M 1 - 2 P M 2 - 3 P M 3 - 4 P M 4 - 5 P M 5 - 6 P M 6 - 7 P M 7 - 8 P M 8 - 9 P M 9 - 1 0 P M 10 - 1 1 P M 11 - 1 2 A M P7 Veterans Lot 102 $0 $31 $37 $36 $34 $29 $20 $22 $24 $27 $31 $34 $38 $36 P8 Gladiola Lot 74 $0 $27 $35 $33 $31 $28 $20 $23 $26 $28 $32 $36 $40 $38 P9 Village Lot 40 $0 $21 $26 $25 $23 $20 $13 $15 $15 $17 $19 $21 $23 $22 P10 Old City Lot 55 $0 $25 $31 $29 $27 $24 $16 $18 $20 $22 $25 $28 $31 $29 P11 Railroad Lot 191 $0 $115 $144 $137 $131 $131 $105 $103 $101 $101 $106 $111 $116 $110 P12 Old School Square Garage 505 $0 $88 $103 $94 $83 $80 $61 $58 $55 $52 $53 $54 $54 $40 P14 Cason Cottage Lot 10 $0 $2 $2 $2 $2 $2 $2 $1 $1 $1 $0 $0 $0 $0 P15 Robert Federspiel Garage 198 $0 $66 $74 $62 $51 $51 $41 $47 $51 $56 $63 $70 $77 $71 P16 Monterey Lot 82 $0 $44 $50 $43 $36 $34 $27 $28 $29 $31 $33 $36 $38 $37 P18 Tennis Center Lot 83 $0 $22 $25 $22 $18 $18 $14 $14 $15 $15 $17 $18 $20 $18 Atlantic Avenue 141 $41 $74 $74 $74 $65 $65 $65 $74 $74 $83 $83 $83 $83 $83 SE 1st St 61 $12 $14 $14 $14 $14 $14 $14 $14 $14 $22 $22 $22 $22 $22 NE 1st St 45 $9 $10 $10 $10 $10 $10 $10 $10 $10 $16 $16 $16 $16 $16 N/S Aves Btwn SE 1st St & NE 1st St 131 $31 $49 $49 $49 $45 $45 $45 $49 $49 $61 $61 $61 $61 $61 North of NE 1st Street 199 $12 $14 $14 $14 $14 $14 $14 $14 $14 $21 $21 $21 $21 $21 Total $105 $602 $688 $644 $584 $565 $467 $490 $498 $553 $582 $611 $640 $604 Table 11-11 – Saturday Revenue Projections Facility Name Supply 10 - 1 1 A M 11 - 1 2 P M 12 - 1 P M 1 - 2 P M 2 - 3 P M 3 - 4 P M 4 - 5 P M 5 - 6 P M 6 - 7 P M 7 - 8 P M 8 - 9 P M 9 - 1 0 P M 10 - 1 1 P M 11 - 1 2 A M P7 Veterans Lot 102 $0 $25 $30 $29 $27 $26 $27 $31 $35 $34 $35 $36 $38 $36 P8 Gladiola Lot 74 $0 $11 $14 $17 $20 $23 $27 $34 $39 $38 $39 $40 $40 $38 P9 Village Lot 40 $0 $24 $28 $25 $22 $19 $18 $18 $20 $20 $21 $22 $23 $22 P10 Old City Lot 55 $0 $20 $25 $23 $22 $21 $22 $26 $28 $28 $29 $30 $31 $29 P11 Railroad Lot 191 $0 $105 $134 $121 $108 $94 $91 $99 $107 $105 $109 $112 $116 $110 P12 Old School Square Garage 505 $0 $75 $67 $61 $55 $48 $48 $52 $57 $54 $54 $54 $54 $40 P14 Cason Cottage Lot 10 $0 $3 $3 $3 $2 $1 $1 $1 $1 $1 $1 $1 $2 $1 P15 Robert Federspiel Garage 198 $0 $26 $11 $12 $13 $14 $15 $18 $21 $34 $48 $63 $77 $71 P16 Monterey Lot 82 $0 $18 $19 $18 $18 $17 $17 $20 $22 $26 $30 $34 $38 $37 P18 Tennis Center Lot 83 $0 $10 $10 $10 $9 $8 $9 $10 $11 $13 $15 $18 $20 $18 Atlantic Avenue 141 $27 $39 $39 $39 $33 $33 $49 $74 $78 $83 $83 $83 $83 $83 SE 1st St 61 $9 $10 $10 $10 $10 $10 $14 $14 $14 $22 $22 $22 $22 $22 NE 1st St 45 $6 $8 $8 $8 $8 $8 $10 $10 $10 $16 $16 $16 $16 $16 N/S Aves Btwn SE 1st St & NE 1st St 131 $22 $30 $30 $30 $26 $26 $37 $49 $51 $61 $61 $61 $61 $61 North of NE 1st Street 199 $9 $10 $10 $10 $10 $10 $14 $14 $14 $21 $21 $21 $21 $21 Total $73 $414 $438 $416 $383 $358 $399 $470 $508 $556 $584 $613 $642 $605 APPENDIX B 79 |Page Total Revenue Projections in Downtown Core The total weekly revenue projections anticipated from the implementation of the recommended fee strategy is listed in Tables 11-12. Total annual weekly revenue of approximately $29,000 is anticipated from the fee implemented within the downtown district. Table 11-13 summarizes the annual revenue projections from the recommended fee strategy. Projected annual revenue of approximately $1.2 million is anticipated from the implementation of the recommended fee strategy. It should be noted however, that these estimates are based on current utilization factors of existing off-street surface lots and parking garages. The study does not include assumptions for potential changes in demand resulting from the introduction of a parking fee or shifts in demand between facilities that may result from the introduction of parking fees. These figures represent revenue within the downtown core and do not include revenue currently collected within the Beach District. Table 11-12 – Total Weekly Revenue Projections Day Projected Revenue Weekday $4,913 Friday $5,196 Saturday $4,015 Total (Weekday x 4 + Friday + Saturday)$28,863 Table 11-13 – Annual Revenue (Including Seasonal Adjustments) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Number of Weeks 4.4 4 4.4 4.3 4.4 4.3 4.4 4.4 4.3 4.4 4.3 4.4 Holiday Reduction 0.3 0.2 0.2 0.2 0.2 0.3 0.6 Net weeks 4.1 3.8 4.4 4.3 4.2 4.3 4.2 4.4 4.1 4.4 4 3.8 Peak Season Factor 1 1 1 0.9 0.85 0.75 0.66 0.66 0.75 0.75 0.85 0.95 Revenue per week 28,863$28,863$28,863$25,977$24,534$21,647$19,050$19,050$21,647$21,647$24,534$27,420$ Monthly Revenue 118,338$109,679$126,997$111,701$103,043$93,082$80,010$83,820$88,753$95,247$98,136$104,196$ Annual Total 1,213,002$ APPENDIX B 80 |Page Estimated Cost of Providing Revenue Control Equipment As described in Chapter 10, there are several factors that must be considered in determining the appropriate revenue control system for each type of parking facility. This is particularly true when retrofitting an existing parking lot or garage with new revenue control equipment. For parking garages, the owner also needs to evaluate whether they prefer to operate a parking facility with or without a cashier on site. Cashierless operations require a higher degree of enforcement. Some facilities, particularly surface parking lots, are designed with numerous entry and exit points that require one of three potential solutions: ƒInstalling access control equipment at all lanes ƒClosure of some lanes to limit ingress/egress and limit the amount of access control equipment to be installed. ƒInstallation of pay stations or multi-use meters such as Pay-and- Display meters in strategic, highly visible locations to facilitate patrons access for payment. For the surface lots within the City, it is recommended that multi-space pay stations (Pay-and-Display meters) be installed. The number of pay stations is determined by a combination of the number of parking spaces within the lot and the layout of the lot. A multi-space pay station in a parking lot can serve up to 36 parking spaces, if placed appropriately. For the on-street parking spaces, it is recommended that a combination of multi-space meters and single space meters be installed based on the block length and the number of spaces per block. Each multi-space pay station can serve up to 12 on-street parking spaces, if they are located within the same block and on the same side of the street. Tables 11-14 and 11-15 shows the approximate number of pay stations and IPS meters required to serve the on-street spaces and the existing surface lots, respectively. It should be noted that the equipment requirements are estimates only; additional on-field evaluations will need to be performed to determine the exact number and type of equipment. Table 11-14 – Estimated Number of Pay Stations at On-street Parking Table 11-15 – Estimated Number of Pay Stations at Surface Lots Table 11-16 shows an estimate of the total cost of providing the surface lot and on-street parking revenue control equipment. A total of approximately $752,000 is anticipated for initial equipment purchase and installation. Table 11-16 – Cost of Equipment at Surface Lots and On-street Parking Description Quantity Unit Price Total Pay-and-Display Meters 85 $12,000 $1,020,000 IPS Meters 41 $1,500 $61,500 Installation 126 $300 $37,800 Server 1 $25,000 $25,000 Credit Card Subsystem $25,000 Communication LS $150,000 Spare parts 1 LS $75,000 Total $1,394,300 Tables 11-17 and 11-18 shows the estimated cost of acquiring and installing revenue control equipment within the Old School Square and Robert Federspiel garages respectively. This estimate is based on providing equipment for two entry/exit lanes in the Old School Square garage and one entry/exit lane for the Robert Federspiel garage. It is anticipated that there will be some economies of scale with the communication, installation and server fee with the two garages. Location Total spaces Estimated Equipment Pay Stations IPS Meters Atlantic Avenue NW 5th Ave to Intracoastal (N)73 10 - NW 5th Ave to Intracoastal (S)100 13 6 NE 1st Street Swinton Ave. to NE 6th Ave. (N)17 1 9 Swinton Ave. to NE 6th Ave. (S)24 3 5 NE 2nd Street Swinton Ave. to NE 4th Ave. (N)6 - 6 Swinton Ave. to NE 4th Ave. (S)10 1 1 SE 1st Street Swinton Ave. to SE 6th Ave. (N)39 5 3 Swinton Ave. to SE 6th Ave. (S)32 4 2 NE 1st Avenue Atlantic Ave. to NE 3rd St (E)18 1 - Atlantic Ave. to NE 3rd St (W)29 3 - NE 2nd Avenue Atlantic Ave. to NE 3rd St (E)33 3 - Atlantic Ave. to NE 3rd St (W)29 3 - NE 3rd Avenue NE 2nd St to NE 3rd St (E)14 2 2 NE 2nd St to NE 3rd St (W)14 2 1 NE 4th Avenue Atlantic Ave. to NE 2nd St (E)27 2 - Atlantic Ave. to NE 2nd St (W)33 1 - SE 3rd Avenue Atlantic Ave. to SE 1st St (E)8 1 - Atlantic Ave. to SE 1st St (W)15 1 - SE 4th Avenue Atlantic Ave. to SE 1st St (E)26 2 3 Atlantic Ave. to SE 1st St (W)11 1 3 Total 558 59 41 Location Total spaces Estimated Equipment Pay Stations IPS Meters Surface Lots Veterans Lot 102 4 - Gladiola Lot 74 3 - Village Lot 40 2 - Old City Lot 55 2 - Railroad Lot 191 8 - Cason Cottage Lot 10 1 - Monterey Lot 82 3 - Tennis Center Lot 83 3 - Total 637 26 0 APPENDIX B 81 |Page Table 11-17 – Old School Square Garage Equipment Estimate Description # units Unit Cost Total Entry Lane: Gate 2 $ 4,000 $ 8,000 Ticket Dispenser 2 $ 22,000 $ 44,000 Loops and Counter 6 $ 200 $ 1,200 UPS 2 $ 1,500 $ 3,000 Exit Lane: Gate 2 $ 4,000 $ 8,000 Exit Station 2 $ 25,000 $ 50,000 Loops and Counter 4 $ 200 $ 800 UPS 2 $ 1,500 $ 3,000 Pay Station - Cash & CC 1 $ 50,000 $ 50,000 Pay Station – CC only 1 $ 30,000 $ 30,000 Installation LS $ 25,000 Communication LS $ 75,000 Software $ 50,000 Server 1 $ 25,000 $ 25,000 Total $ 373,000 * Table based on pricing proposed for 2009 projects Table 11-18 – Robert Federspiel Garage Equipment Estimate Description # units Unit Cost Total Entry Lane: Gate 1 $ 4,000 $ 4,000 Ticket Dispenser 1 $ 22,000 $ 22,000 Loops and Counter 3 $ 200 $ 600 UPS 1 $ 1,500 $ 1,500 Exit Lane: Gate 1 $ 4,000 $ 4,000 Exit Station 1 $ 25,000 $ 25,000 Loops and Counter 2 $ 200 $ 400 UPS 1 $ 1,500 $ 1,500 Pay Station - Cash & CC 1 $ 50,000 $ 50,000 Pay Station – CC only 1 $ 30,000 $ 30,000 Installation LS $ 8,500 Communication LS $ 25,000 Software $ 15,000 Total $ 187,900 * Table based on pricing proposed for 2009 projects Based on information provided in Tables 11-16 through 11-18, the total cost of purchase and installation of revenue control equipment at all the recommended facilities is as follows: Meters $ 1,394,300 Garage Equipment $ 560,900 Total $ 1,955,200 Based upon the annual revenue estimate of approximately $1.2 million and a projected cost of $1.95 million for equipment and installation, the City will be able to recover the capital expenses within approximately 20 months. Potential for Phased Implementation The revenues and costs presented in this section include total anticipated costs for implementation of this project in current dollars. The City may want to consider a phased implementation strategy that implements paid parking at City parking facilities in two or more stages. This approach can help spread out the initial capital investment costs over a longer period of time, allowing for initial capital costs for the first phase to be recovered or mostly recovered prior to investing in subsequent phases of implementation. For example, given that the highest rate of utilization occurs within the downtown “core” area east of Swinton Avenue between SE 1st Street and NE 1st Street, it may be desired to implement the first phase of paid parking within this area and follow with implementation in the remaining areas of the Downtown District. An added benefit of this approach is that a portion of the program is implemented and then reviewed and evaluated on a smaller scale prior to full implementation, which can allow for adjustments to the program to be made, if needed. One potential negative side effect is that if some areas still provide fee- free parking in close proximity to areas with paid parking, significant shifts in parking patterns will occur that can overburden the fee-free parking areas and also reduce the revenues collected in the paid parking areas from the projected amounts. APPENDIX B 82 |Page Validation Programs Charging for parking is typically met with resistance from the local community. However, the resistance is decreased over time once the community experiences the benefits of parking management through efficient parking, increased investment in the local community and higher quality infrastructure that is afforded by parking revenues. Many communities use parking revenues to invest in infrastructure improvements downtown districts through sidewalk improvements, streetscaping, and other aesthetic improvements. In order to reduce the financial burden on local residents and merchants who have contributed to the construction of parking facilities through property taxes, communities typically use validation programs to offer discounted parking rates to downtown businesses and local residents. Businesses can use these discounted parking permits to offer free or affordable parking to their employees. The types of validation programs available today provide rigorous standards and are fairly difficult to violate, however, should the city decide to implement a validation program it is imperative to develop strict accounting controls prior to the implementation. Validation programs are available in a variety of methods; such as offering a dollar value discount; a percentage discount of the total fee; totally free parking, etc. These validations are typically “sold” to the businesses so that the city does not lose parking revenue. However, there may be times that the city decides to offer incentives to patrons to park at reduced or at no costs during certain events, times of day, or days of the week. The City of Boulder, Colorado recently implemented a comprehensive validation program. The image below is a part of their advertising program that shows which businesses are participating in the program. This advertising becomes a cooperative program between the City and the participating businesses, potentially with shared costs of advertising. The downtown San Jose Parking Validation program offers patrons up to two hours of free parking at designated lots and garages when visiting a participating retailer, restaurant, bar or nightclub. Almost all downtown retail merchants and restaurants participate in the Parking Validation program, unless they have their own parking facilities. Business for Downtown Hartford (BFDH), CT has a downtown validation program where members are able to purchase $1.00 coupons for parking in books of $20 or $50. Each book will have a $1.00 administrative fee charged with non- members paying a $2.50 administrative fee. Coupons can be used at any time the participating lots are open with time or event constraints. Preprinted coupon books offer an effective validation program but require stringent inventory for unsold books and strict audit procedures of all used validation coupon to ensure that all coupons are valid and sold by the City. The City must evaluate the benefits of traditional parking validation programs (which may benefit only a handful of merchants) compared a more equitable (and less prone to abuse) “first hour free” type program. A first hour free program may actually cost the parking system more, but it gives the downtown a very positive message to sell about parking and makes visiting downtown more appealing to those who aren’t accustomed to visiting downtown. Other cities have found that once people are attracted to downtown, they get caught up in the experience and the overall parking length of stay increases. In Boise, ID, the average parking length of stay went from 2.11 hours to 3.56 hours. The first hour free was implemented in conjunction with a back-end rate adjustment to minimize revenue losses. Recommendation: For the City of Delray Beach, it is recommended that a monthly or annual parking permit program be implemented to provide discounted parking rates for downtown merchants and local residents. Table 11-18 shows the fee structure recommended for the permit programs. These rates are consistent with rates charged in other Florida communities. Table 11-18 – Proposed Validation Programs for the City User Group Monthly Permit Annual Permit Downtown Merchant $30 plus tax (hang tag) $150 plus tax (permanent decal or permit sticker) Employee Permit $25 plus tax (hang tag) - City Resident -$120 plus tax (permanent decal or permit sticker) Visitor/Seasonal Resident Permit $25 plus tax (hang tag) - APPENDIX B 83 |Page CHAPTER 12 – PAYMENT-IN-LIEU PROGRAM One of the more widely implemented parking management strategies is the payment-in-lieu of on-site parking option. Under this strategy, developers have the option to pay a fee into a municipal parking trust fund in lieu of providing the required off-street parking spaces for the development. The revenue is used to provide centralized public parking lots or structures to replace the private parking spaces the developers would otherwise have to provide. Some cities also use these funds for transit, bicycle, and pedestrian improvements to support the centralized parking or business district. Many cities waive off-street parking requirements for developments in and around downtowns and urban infill areas to encourage redevelopment. Though supportive of redevelopment, these actions may contribute to both real and perceived parking problems. The potential danger in not addressing an existing parking deficit is that it could hinder future redevelopment aspirations of the City. The payment-in-lieu program provides the City with a revenue source to ensure that public parking is available to support redevelopment. Minimum parking requirements often serve as impediments to new development and redevelopment. In-lieu fees provide developers with an alternative to providing all or part of the required parking spaces on- site. Many cities have successfully implemented in-lieu programs to improve downtown vitality and economic viability. A case study of approximately 25 cities in the United States and 22 cities outside of the United States (Canada, Europe and South Africa) and lessons learned from their experiences with payment-in- lieu programs has been discussed in Donald Shoup’s “The High Cost of Free Parking”(2005, Planners Press, American Planning Association; Chapter 9). Many cities within Florida have also implemented payment-in-lieu systems with varying levels of success including Orlando, Clearwater, Hollywood, Miami, Miami Beach, and West Palm Beach. This system is also very prevalent in communities in the state of California, which have led the way with the implementation of in-lieu fees. The in-lieu fee is the product of the number of parking spaces required on-site but not provided and the cost of providing parking within the district in which the fee is assessed. In-lieu fees can be established as a flat rate per parking space or a case- by-case assessment of each development. For larger communities, the fee may be graduated based on the area’s land values and whether or not parking can be accommodated though surface parking lots or garages. Most communities use flat fees which are much easier to administer. Communities typically reevaluate the in-lieu fee periodically to adjust for inflation and construction costs. Some cities mandate participation in the payment-in-lieu program while most cities offer developers the choice of whether to provide parking or pay the fee. The option of whether to mandate or offer the choice to developers depends on the unique circumstances and vision within each community. In order to make paying a fee more attractive to developers than providing parking on site, it must save them money. On the other hand, the fee must be high enough to finance development of centralized parking facilities or to make enough transit or non-motorized mode improvements to reduce parking demand. Developers may be concerned that the lack of on-site parking will make their development less attractive, especially if there is not much public parking available, or it is not convenient to the site. If developers are allowed to choose between providing parking on-site and paying the fee, those who most value on-site parking will build it, and those who do not will not be forced to. Another concern is that the parking may not be built where or when the developer would like it. Payment-in-lieu is more effective when there is sufficient concurrent development in a defined area to generate the funding to construct municipal parking structures or when there is sufficient excess parking capacity in existing public lots to absorb the demand from new developments until additional parking can be built. Funds generated by a payment-in-lieu program are generally deposited into a parking trust fund account specifically established to provide parking and related improvements within a specific parking district. The program is managed by a variety of entities ranging from specific parking authorities to a department point person that oversees the payment- in-lieu program. Fees collected from private developments are used by the cities for the purpose of paying the cost of construction or reconstruction of parking spaces or other transportation related improvements. City of Delray Beach Payment-in-Lieu Program The City administers a payment in-lieu of parking program within the Central Business District (CBD), CBD-RC, and OSSHAD zoning districts. The program is only allowed for properties that are considered infill development where it is determined by the City Commission that it is impossible to provide the required number of on-site parking. The in-lieu fee option is not available in the event of a change in use or addition of floor space if either occurs within two years of the granting of the Certificate of Occupancy (C.O.). The fee in-lieu option is available for up to two years after the date of the granting of the C.O. The amount of the in-lieu fee is determined based on the district within which a particular development is located. The City’s program is administered in four payment-in-lieu districts. The fee is calculated based on the land values, type of parking facility and the cost of construction/maintenance of such facilities. The City completed an evaluation of the construction costs for new garages and surface lots in 2006 and updated the fees for the four parking districts. The fee range is $4,000 to $18,200 based on the land values within each of the districts. Table 12-1 below shows the current in-lieu fees. Many Cities have successfully implemented in-lieu programs to improve downtown vitality and economic viability. Funds generated by the payment-in-lieu program are generally deposited into a parking trust fund account specifically established to provide parking and related transportation improvements within a specific district. Most communities reevaluate their in-lieu fee periodically to adjust for inflation and construction costs. APPENDIX B 84 |Page Table 12-1 – Current In-Lieu Fees Charged in Delray Beach Area Description Current in- lieu Fees Area 1 Properties zoned CBD and east of the Intracoastal Waterway (ICW) $18,200 Area 2 West of the ICW zoned CBD or CBD-RC excluding parcels located in the OSSHAD and Pineapple Grove Main Street $15,600 Area 3 Properties located in the Pineapple Grove Main Street and OSSHAD, excluding block 69 $7,800 Area 4 Properties located in the West Atlantic Neighborhood zoned CBD $4,000 The in-lieu fee is required to be paid in full or installments upon issuance of a building permit. The in-lieu fee is authorized through an agreement which is a restrictive covenant that binds the successor of the property. All proceeds from the payment-in-lieu program are required to be used for parking purposes only. As part of participating in the in-lieu fee program, the applicant must construct additional on-street parking, where adequate right-of-way exists adjacent to the subject property. The applicant is credited up to one-half space for each parking space developed within the public right-of-way. In addition to the payment-in-lieu option, the City’s code contains a provision for a public parking fee within other areas of the City. When parking requirements are applied to new development, in-fill development, which has been vacant for five years or longer, from a change of use, or adding floor space to an existing building, the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on- site. This option cannot be utilized in conjunction with the in-lieu fee provisions. The City allows private developments within 600 feet of a programmed public parking facility (excluding downtown) to contribute towards the construction of the parking facility instead of providing all of the required parking on-site. The cost per space is based upon the location of the property for which the public parking fee is being sought. The public parking fee is limited to no more than 25 percent of the total required parking of a development not to exceed 10 percent of the total number of parking spaces associated with the programmed public parking facility. Other in-lieu Programs City of Orlando The City of Orlando requires developers to pay fees in lieu of the first required space per 1,000 square feet of floor area, and allows developers to choose whether to pay fees or supply the parking for the rest. The City also collects parking bonus funds that are used for transit, bicycle and pedestrian improvements. The amount of payment to the trust fund is determined by the average cost to the City for the construction of a parking space multiplied by the total number of spaces. The average total cost is determined by the Director of Public Works. The costs include actual costs and fees for design, legal engineering, actual construction, inspection, finance and planning, and may include land costs. The average total cost is revised annually by resolution of the City Council. City of Hollywood The City of Hollywood implements a payment-in-lieu of parking system within the CRA. A portion of the parking requirement may be fulfilled by payment of the fee in areas where all of the required parking is often difficult to accommodate on site. However, the payment-in-lieu cannot be substituted for on-site parking which results in a parking ratio of less than one parking space per unit in a new residential development or 0.5 spaces per hotel unit in a hotel development. For new construction and additions, where the addition exceeds the area of the existing building, a one-time payment of $5,000 per space is collected at the time of building permit. For alteration or rehabilitation of an existing structure resulting in an increased parking demand, the developer is allowed a one-time payment of $5,000 per space or a yearly payment in the amount of 5% of the $5,000 fee per space until the use exists. The funds generated by the program are deposited in a city account specifically established to provide parking and related improvements in the vicinity of the subject property. City of Miami The City of Miami implements a payment-in-lieu of parking system within certain districts including the Coconut Grove Business District and the Design District. Each district maintains its own improvement trust fund. The trust fund is maintained and administered by the Department of Off- Street Parking. The funds are used to facilitate public off-street parking, infrastructure improvements and maintenance, and marketing to serve the area. The fee per parking space is approximately $5,400 in the Coconut Grove Business Improvement District and $12,000 in the Design District. A permanent certificate of waiver is issued upon payment. The permanent certificate of waiver runs with the land, and may be leased to another owner within district. The fee may also be paid in installments over a self- amortizing period of 15 years. In addition, a rental fee-in-lieu program is allowed for supplemental off-street parking for restaurants at the rate of $600 per parking space, per year, to be paid on a monthly basis in the Coconut Grove Business Improvement District and $800 in the Design District. City of Miami Beach The City of Miami Beach allows payment into the City’s payment-in-lieu system to satisfy a portion of the required parking spaces for a development. The payment-in-lieu program is allowed only within certain districts. For new construction, the fee consists of a one-time payment at the time of issuance of a building permit of $35,000 per parking space. For existing structures and outdoor cafes, a yearly payment in the amount of three percent of the total payment ($35,000) is required to be paid as long as the use exists. The amount of payment may vary from year to year based on the City’s annual evaluation of payment-in-lieu fee. Property owners on the installment plan have the option of paying a one-time redemption payment at any time for the full amount. However, the amount is based upon the latest determination made during the annual evaluation/inflation adjustment at the time of the redemption payment rather than upon the amount which would have been due if the fee had been paid at the time of building permit. For new construction, the fee is collected in full at the time of application for the building permit. The fee is refunded to the property owner in the event construction does not commence prior to expiration of the building permit. For developments under the payment plan, the first fee payment is collected prior to the issuance of a building permit and is applied at the time the certificate of use is issued and collected on June 1 during the subsequent years. APPENDIX B 85 |Page City of Buenaventura, CA The City of Buenaventura, CA recently implemented a payment-in-lieu program that offers an in-lieu fee of $24,000 per space based on replacement costs of parking facilities. The fee is adjusted annually based upon the rate of inflation. Due to the economic downturn that occurred immediately after the implementation of the in-lieu program, the results of this program are not fully realized. Payment-In-Lieu Fee Summary The payment-in-lieu fees vary greatly within each municipality depending on the local conditions, specific land values and existing and future parking demand. Table 12-2 compares the in-lieu fees required in each municipality reviewed. Table 12-2 – Approximate In-Lieu Fee per Space in Florida Cities City In-Lieu Fee Delray Beach, FL $4,000 - $18,200 Hollywood, FL $5,000 Miami, FL $5,000 - $12,000 Miami Beach, FL $35,000 Orlando, FL $9,800 Buenaventura, CA $24,000 Benefits of In-lieu Fees There are many benefits to the implementation of payment-in-lieu programs for both cities and developers. The benefits include: ƒIn-lieu fees give developers an alternative to meeting the parking requirements on sites where providing all the required parking spaces would be difficult or extremely expensive. ƒPromotes shared parking since customers can park once and visit multiple locations thus reducing multiple shorter trips within a downtown or redevelopment area. ƒThrough consolidation of parking in public parking spaces, it allows for more efficient use of buildable space on individual parcels within downtowns and redevelopment areas. ƒAllows cities to build public parking lots and structures where they have the lowest impact on vehicular and pedestrian circulation. Less on-site parking allows continuous storefronts. ƒIncreases economies of scale of providing parking. ƒAllows adaptive reuse of historic buildings. Disadvantages of In-Lieu Fees The potential disadvantages of in-lieu fee programs from the perspective of developers include: ƒThe lack of on-site, owner-controlled parking may reduce a development's attractiveness to tenants and customers. ƒCities may not construct and operate parking facilities as efficiently as the private sector. ƒMost communities do not guarantee when or where the parking spaces will be provided. ƒIn-lieu fees will reduce the parking supply if cities provide fewer than one public parking space for each in-lieu fee paid. Recommendations for the City’s Payment-in-Lieu Fee The main purpose of payment in-lieu of parking programs is to promote redevelopment by reducing the parking required on-site and instead provide centralized public parking. Currently, the payment in-lieu of parking option is only available for infill developments on the basis of hardship.It is recommended that the program be expanded to provide property owners the option to voluntarily participate in the in-lieu program, whether or not hardship exists. This will enable developments to participate in the shared parking pool within downtown and further enable the City’s vision of a park-once downtown. Even though the cost of the in-lieu fee is lower than the actual cost of providing parking, the economies of scale in providing larger parking facilities and the sharing of spaces will offset the difference in cost. The removal of the hardship clause will encourage additional participation in the payment-in-lieu program. This can be especially beneficial within the West Atlantic Neighborhood where the CRA and City would like to promote redevelopment. Along with the modification, the City could set a maximum limit (25 – 30%) for the payment-in-lieu parking spaces to ensure that a minimum amount of parking is provided on-site. APPENDIX B 86 |Page CHAPTER 13 – MECHANICAL PARKING As densities increase in downtown areas and available land for parking decreases, many municipalities are searching for viable alternatives to the conventional design, bid, build program for multi-level parking garages. These traditional garages include internal or external ramping systems and allow patrons to cruise throughout the garage in order to find an appropriate parking space. An alternative solution that is becoming more commonplace is mechanical/robotic parking where a patron drives into the parking garage and exits their vehicle on the first floor leaving the car to be parked at one of the upper levels. There are only a few of these garages currently in operation within the United States. In most cases, an attendant will pull the car onto an elevator or sled that will then transport the car to a specific floor and space for storage. Once the patron returns and submits their ticket, the attendant will then retrieve the vehicle via the same method and deliver the vehicle to the patron. The whole process typically takes approximately one to two minutes to retrieve the vehicle. The patron then pays the parking fee and drives off the premises. Mechanical/Robotic garages can be installed/constructed in a smaller footprint than conventional garages and can typically park and retrieve vehicles in the same approximate time that a patron can park their own vehicle. One of the main drawbacks to this system is that the owner/operator requires the patron to trust the operator to park their vehicle. Many owners do not trust operators, and even valet operators, enough to turn over their vehicles and walk away. Some of the advantages and disadvantages of the mechanical and conventional parking garages are listed below. Advantages: ƒIncreased number of cars for a given volume [Note: this can be misleading, twice the cars in the same volume does not mean twice the cars in the same flat plate area. Because mechanical parking facilities have limited drive aisles and are spaced closer, they take up less volume than a conventional parking lot with the same footprint.] ƒLess walking within the garage ƒMore secure for cars and users ƒSuitable for small sites ƒDoes not require vertical circulation, i.e. ramps ƒBecomes viable alternative when ramp access efficiency is greater than 375 sf/space ƒWorks well with a valet situation such as hotel/residential ƒCan reduce amount of excavation for underground structures ƒLimited ventilation requirements (no running engines) Disadvantages: ƒConstruction cost about 1.5-2.0 times that of conventional parking garage based upon the cost per square foot ƒOperating cost 50% higher than non-cashiered, ramp access garage ƒService rate of 50-100 vph per entry/exit (not suitable for high volume arrival and departure) ƒAccess design and queuing requirements may be cumbersome ƒPatron must wait for car to be retrieved. This could take several minutes depending upon configuration and location of vehicle. APPENDIX B 87 |Page Pros/Cons of Mechanical vs. Conventional Garages The following sections include a comparison of conventional garages versus mechanical/robotic garages. Table 13-1 is a comparison of the advantages and disadvantages of the mechanical and conventional parking garages in a tabular format. Construction Cost The construction cost for conventional garages is typically $50-$70 per sq. ft. depending on structural system, layout, and site considerations inclusive of foundations, architectural treatments, or retaining walls. The cost for mechanical garages is typically 90-$100 per sq. ft. for the mechanical garage only not including foundations, architectural treatments, or retaining walls. Cost per Parking Space Price per parking space in conventional garages depends largely on garage efficiency, but can range from $15,000 per space on the lower end for an efficient layout on a site with little to no architectural treatments to $30,000 per space on the higher end. In mechanical garages the efficient use of space tends to balance out cost per square foot. Generally, the cost for mechanical garages falls in a range between $25,000 to $35,000 per space depending on site conditions and architectural treatments. Efficiency Conventional Garages ƒVaries widely and is directly dependent upon site geometry and layout constraints. A very efficient layout will yield a parking efficiency of 300 - 310 sf/space. It is more typical for the parking efficiency to range between 320 - 350 sf/space, and sometimes a more restricted site may result in an efficiency or as poor as 400 sf/space. ƒLong span construction for better internal traffic flow usually results in the use of deep beams, which causes the typical floor to floor height to be 10' to 12'. Mechanical Garages ƒUsually in the 220 to 240 sf/space range inclusive of common areas. The elimination of ramps allows use of more efficient layout in tighter sites. There is no need for door opening space; therefore, the individual parking space can be narrower. ƒEliminating the need for internal navigation allows short span construction and a decrease of floor to floor height. An 8'-6" floor to floor with a 10" structure will accommodate 98% of vehicles (including SUVs) Security Conventional Garages ƒThe inclusion of security issues depends on design, layout, lighting, and presence of CCTV within garage. Generally, the design must try to reduce the number of hiding spaces that can be perceived as security threats. Statistically, parking decks are not less safe than other areas. ƒCars are accessible to anyone and are subject to be vandalism. Mechanical Garages ƒThe internal areas where vehicles are stored are not accessible to the public. Therefore, there is a perception that personal safety is better as you do not have to walk to your car in the facility. ƒVehicles are not accessible inside the facility. Therefore the opportunity for vandalism is reduced greatly. Queuing Conventional Garages Queuing is dependent upon the layout and number of entrances/exits. The conventional garage can be designed to handle high volume arrival and departure traffic with moderate impact to overall cost. The conventional garage is good for high turnover or infrequent use areas. Mechanical Garages Queuing in a mechanical garage depends upon space availability for increasing the number of entry/exit modules. The typical service rate is around 50 vph per entry/exit. Mechanical garages are not suitable for high volume arrival and departure traffic, but can work well with familiar users and low volumes such as residences and hotels (valet operations). Other Construction Issues Conventional Garages ƒLighting and HVAC systems required inside structure. ƒFire exits, pedestrian elevators, signage on each level APPENDIX B 88 |Page ƒConstruction/expansion can be complicated Mechanical Garages ƒMinimal requirement for HVAC and lighting system ƒNo need for fire exits, pedestrian elevators, signage above/below street level ƒUse of bolted structural steel construction speeds construction and expansion of garage Maintenance Conventional Garages ƒLighting, striping, and structural maintenance must all be budgeted. ƒBased on available data, approximate annual budget for maintenance of the garage structural and waterproofing system is $50-$70 per space per year. Addition of daily operation costs such as lighting, cleaning, and personnel will add to this cost. ƒThere are a large number of capable firms specializing in parking deck maintenance and repairs. Standard methods of repairs available. Mechanical Garages ƒReplacement and upkeep of mechanical parts must be budgeted. ƒAnnual budget for maintenance of the garage is estimated to be up to $150 per space per year. Generally, dedicated maintenance staff is not required. Since this system is relatively new, with little data available, it is recommended that this estimate be reviewed in more detail when more data is available. ƒSince garage type is new in the US, maintenance must often be done through the manufacturer. However, overall garage reliability is quoted to be in the 99% range. Operations Conventional Garages ƒMultiple employees often needed for security, cashier booths, and maintenance. ƒRequires staff for cleaning and upkeep of parking area. Mechanical Garages ƒOne or two on-site employees are needed to handle all security and customer service issues. ƒVehicular storage area cleaned automatically by high pressure water jets. Mixed Use Conventional Garages Conventional garages are able to accommodate building column grids for parking use, but with the possibility of a loss of efficiency and level of service. Mechanical Garages Mechanical garages are preferable as stand-alone structure above or below grade not tied to the building column grid. Lighting Conventional Garages Lighting systems are required to illuminate interior of conventional garages therefore there is a maintenance cost associated with lighting. Long lasting fixtures such as LED's help reduce maintenance and energy costs. Mechanical Garages No interior lighting required except emergency/task lighting for maintenance. Other Issues Conventional Garages ƒVehicles must drive inside the structure. Fumes must be vented naturally or mechanically. ƒDrivers must navigate from car to elevator/exit on foot which can be inconvenient if parking is not available nearby. Handicap spaces must be incorporated to aid disabled drivers. ƒMechanical ventilation and fire protection is not required for open parking structures, but is required for below ground or enclosed structures. Mechanical Garages ƒEssentially emission and noise free due to automatic handling of cars (environmentally friendly). ƒVehicle owners must be comfortable with vehicle being stored by use of mechanical "robots". No walking is required between cars and the point of destination. Accommodation of large cars/SUVs must be considered in American garages. ƒNo mechanical ventilation or fire protection required. Locations Considerations Conventional Garages ƒAreas where land cost is relatively low in relation to parking costs ƒFlexibility allows use in most any situation and can be cost competitive in most areas. ƒMedium to high turnover areas, or areas with frequent visitors who are unfamiliar with mechanical parking Mechanical Garages ƒHigh density urban areas where the price of land is at a premium. ƒUnderground parking situations where excavation must be minimized. ƒAreas of low turnover or valet parking such as residences and hotels APPENDIX B 89 |Page Table 13-1 – Pros/Cons of Mechanical Garages vs. Conventional Garages ISSUE CONVENTIONAL GARAGES MECHANICAL GARAGES Construction Cost $50-$70 per sq. ft. depending on structural system, layout, and site considerations inclusive of foundations, architectural treatments, or retaining walls. On the order of $90-$100 per sq. ft. for the mechanical garage only not including foundations, architectural treatments, or retaining walls. Cost per Stall Price per parking stall depends largely on garage efficiency, but can range from $15,000 per stall on the lower end for an efficient layout on a site with little to no architectural treatments to $30,000 per stall on the higher end. Efficient use of space tends to balance out cost per square foot. Generally between $25,000 to $35,000 per stall depending on site conditions and architectural treatments. Efficiency Varies highly and is directly dependent upon geometry of site and constraints on layout. A very efficient layout will yield a parking efficiency of 300 - 310 sf/space. It is more typical for the parking effieciency to range between 320 - 350 sf/space, and sometimes a more restricted site may result in an efficiency or as poor as 400 sf/space. Usually in the 220 to 240 sf/space range inclusive of unparked areas. Elimination of ramps allows use of more efficient layout in tighter sites. No need for door opening space. Long span construction for better internal traffic flow usually results in the use of deep beams, which causes the typical floor to floor height to be 10' to 12'. Eliminating the need for internal navigation allows short span construction and a decrease of floor to floor height. An 8'-6" floor to floor with a 10" structure will accommodate 98% of vehicles (including SUVs) Security Depends on design, layout, lighting, and presence of CCTV within garage. Generally, design must try to reduce the number of hiding spaces that can be perceived as security threats. Statistically, parking decks are not less safe than other areas. There is no need to walk long distances within the structure - as the internal areas where vehicles are stored is not accessible to the public. Therefore, there is a perception that personal safety is better as you do not have to walk to your car in the facility. Cars are accessible to anyone and can be vandalized.Vehicles are not accessible inside the facility. Therefore the opportunity for vandalism is reduced greatly. Queuing Dependent upon layout and number of entrances/exits. Can be designed to handle high volume arrival and departure traffic with moderate impact to overall cost. Good for high turnover or infrequent use areas. Depends upon space available for increasing the number of entry/exit modules. Service rate around 50 vph per entry/exit. Not suitable for high volume arrival and departure traffic, but can work well with familiar users and low volumes such as residences and maybe certain hotels (valet operations). Other Construction Issues Lighting and/or ventilation systems required inside structure.Minimal ventilation or lighting system required. Fire exits, pedestrian elevators, signage on each level, HVAC No need for fire exits, pedestrian elevators, signage above/below street level, or HVAC. Construction/expansion can be complicated and speed depends on type of system used.Use of bolted structural steel construction speeds construction and expansion of garage. Maintenance Lighting, striping, and structural maintenance must all be budgeted for.Replacement and upkeep of mechanical parts must be budgeted for. Based on available data, approximate annual budget for maintenance of the garage structural and waterproofing system is $50-$70 per space per year. Addition of daily operation costs such as lighting, cleaning, and personnel will add to this cost. Annual budget for maintenance of the garage is estimated to be in the $150 per space per year range. Generally, dedicated maintenance staff is not required. Since this system is relatively new, with little data available, it is recommended that this estimate be reviewed in more detail when more data is available. Large number of capable firms specializing in parking deck maintenance and repairs. Standard methods of Since garage type is new in the US and are not common, maintenance must often be done APPENDIX B 90 |Page ISSUE CONVENTIONAL GARAGES MECHANICAL GARAGES repairs available.through the manufacturer. However, overall garage reliability is quoted to be in the 99% range. Operations Multiple employees often needed for security, cashier booths, and maintenance.One or two on-site employees are needed to handle all security and customer service issues. Requires staff for cleaning and upkeep of parking area.Vehicular storage area cleaned automatically by high pressure jets. Mixed Use Able to accommodate building column grids for parking use, but with loss of efficiency and level of service.Preferable to be stand-alone structure above or below grade not tied to the building column grid. Lighting Lighting systems are required to illuminate interior. Maintenance of lighting is required. Long lasting fixtures such as LED's help reduce maintenance and energy costs. No interior lighting required except emergency/task lighting for maintenance. Other Vehicles must drive inside the structure. Fumes must be vented naturally or mechanically.Essentially emission and noise free due to automatic handling of cars (environmentally friendly). Drivers must navigate from car to elevator/exit on foot which can be inconvenient if parking is not available nearby. Handicap spaces must be incorporated to aid disabled drivers. Vehicle owners must be comfortable with vehicle being stored by use of mechanical "robots". No walking is required between cars and the point of destination. Accommodation of large cars/SUVs must be considered in American garages. Mechanical ventilation and fire protection is not required for open parking structures, but is required for below ground or enclosed structures. No mechanical ventilation or fire protection required. Locations to consider using these systems Areas where land cost is relatively small in relation to parking costs High Density urban areas where the price of land is at a premium. Flexibility allows use in most any situation and can be cost competitive in most areas.Underground parking situations where excavation must be minimized. Medium to high turnover areas, or areas with frequent visitors who are unfamiliar with mechanical parking Areas of low turnover or valet parking such as residences and hotels APPENDIX B 91 |Page ƒInitially there was a need to manage on-street parking. Because Public Works Department already managed the streets, this function was located within the Public Works department. ƒWhen the need for an enforcement function was identified, this was assigned to the Police Department. ƒOver time, off-street lots and parking structures were added. The management of these resources was placed under the Facilities Management Division, because they manage the municipal other real estate assets and facilities. ƒOnce revenue was being generated from parking facilities an audit/accounting function was established to ensure accountability over the revenues and expenses. This function was placed under the Finance Division. CHAPTER 14 – PARKING ORGANIZATIONAL MODELS Many municipal parking programs have evolved over time into organizational structures that are termed “horizontally-integrated” – where the various parking system components are spread among multiple departments. The following example illustrates how municipal parking programs evolved over time. This results in a very fragmented structure; where, each department manages only one aspect of the parking system, such as on-street parking, enforcement or parking structures. Under such a structure, no single department has the responsibility, or the perspective, to manage all the interrelated components as one system. This results in a scenario where parking is everyone’s part-time job, but no one’s full-time job. To address the issue associated with this horizontally integrated model, several parking organization models have emerged to better manage a community’s various parking functions. Each of these models has its own strengths and weakness depending on several factors including the parking system’s size, degree of development, programs offered, political landscape, community goals, etc. This chapter discusses the different parking organization models that are implemented within the country and the advantages/disadvantages of each model. The four parking organizational models that are discussed in this chapter include: ƒA Consolidated (“vertically-integrated”) City Department model ƒThe Parking Authority model ƒThe “Contract” or Downtown Association model ƒThe Parking District model There are several variations and hybrids of these models, but these are the four primary alternatives. There is a common factor that contributes to the success of these four models – they all address the major problem associated with the “horizontally-integrated model”. The following summary of parking system organizational models and parking management best practices are excerpts from the book “Making Business Districts Work” published by the International Downtown Association1. Successful Parking Organizational Models The following sections describe each of the four parking system organizational models and include an example of a specific program within the U.S. based on that model. A Consolidated City Department Model A consolidated or “vertically-integrated” city department model is essentially a typical city department led by a department head and varying assortment of support staff. The defining characteristic of this model is that the department head has complete responsibility for the management of all parking related program elements; the primary elements of these being off-street parking facilities, on-street parking resources, and parking enforcement. Other related aspects that can become part of this department’s responsibility include: ƒTransportation (transit, shuttle programs, park-n-ride programs, etc.) ƒTransportation demand management ƒParking system branding and marketing ƒImplementation of new technologies ƒLong-term parking facility maintenance programs ƒCapital program development (CIP Programs, Planning) 1 The parking chapter of “Making Business Districts Work” was authored by L. Dennis Burns. Mr. Burns is currently a member of Kimley-Horn and Associates, Inc. ƒParking ordinance and zoning regulations ƒParking permit programs ƒCommunity education/outreach ƒInterface with downtown development/economic development The City of Fort Collins, CO, has a consolidated parking management program that incorporates off-street parking, on-street parking and parking enforcement. The City’s Parking Manager also has developed a program to promote effective coordination and collaboration with owners of private parking to better support evening restaurant parking demands and special events. The City recently embarked on a parking technology assessment to identify technology options that would link on- street/enforcement systems with the next generation of off-street parking equipment and potentially new on-street multi-space meters. This type of creative and integrated thinking is more common in systems with a vertically integrated organizational structure. Another impressive municipal parking system can be found in Rochester, MN (population of approximately 90,000). Rochester’s parking program takes the vertical integration model one step further and integrates not only on-street, off-street and parking enforcement, but also transit and transportation alternatives programs. The Parking Authority Model Parking authorities are typically self-supporting entities that generate operating revenues to cover the debt obligations, operating expenses, and additional capital improvements. The defining characteristics of the Parking Authority model are: ƒIt has a defined mission and vision ƒIt is governed by a detailed management agreement ƒOften has bonding capability ƒMost often has responsibility for all aspects of parking operations (off- street, on-street and enforcement) ƒIt is typically headed by a President or Executive Director (tend to attract the highest caliber parking management personnel) ƒThe Executive Director reports to a Board (typically 7 – 15 members) ƒThe Board is comprised of invested downtown stakeholders, including o Department heads from City o Property Owners/Developers o Downtown Association President APPENDIX B 92 |Page o Chamber of Commerce representative o Large Downtown Employers Parking Authorities typically operate with a small staff and engage a private parking operator to manage day-to-day operations. One advantage of the Parking Authority model, especially in a municipal setting, is that it puts all the major stakeholders at the same table and eliminates the common sniping among constituents. In Toledo, OH, the Downtown Toledo Parking Authority (DTPA) dramatically transformed the operations in its three public facilities to such an extent that all the other private parking operations were forced to follow suit to adopt standards comparable to those of public parking facilities. Now virtually all downtown parking facilities have attendants in new uniforms, customer service training for front-line staff, uniformly painted parking structure interiors, and customer friendly parking technologies and programs – all following the DTPA’s lead. The “Contract” or Downtown Association Model In several communities across the United States, downtown Business Improvement Districts or Downtown Associations are increasingly taking operational responsibility for parking. In some cases, it is because the City does not own public parking assets and there was a need for coordination and a “management overlay” of the private assets available to create a parking system for the benefit of the visitors and tourists. In other cases, the business owners and downtown association leaders were frustrated by what they perceived to be an ineffectively run municipal parking program. The existing parking program was not viewed as being responsive to the downtown businesses and their customers. The downtown association successfully lobbied the municipal governments to let them manage the program and the parking assets. In most of these cases the municipal parking program was either badly fragmented among several disconnected departments (horizontally integrated) and/or there was no real parking management expertise. Similar to the Parking Authority model, the “Contract” or “Downtown Association Model” is governed by a well defined “operating agreement” that sets specific expectations and limits on the use of parking assets. These contracts or agreements must typically be reauthorized every 3 – 5 years based on whether the defined contract goals were met. If reauthorized, it is not uncommon for new goals and program objectives to be set for the next contract period. In Boise, ID, the off-street parking program is managed by the Capital City Development Corporation – the Urban Renewal Agency. Through the aggressive use of Tax Increment Financing combined with a strategy of leading other desired development with parking infrastructure investment, Boise has become a national model of downtown resurgence. Tempe, AZ, is a unique case study of a downtown where the City owned virtually no off-street parking assets. In Tempe, the need for a coordinated parking system to provide a more visitor friendly experience drove the downtown organization – Downtown Tempe Community, Inc. (DTC) to create what amounted to a “parking management overlay” program. Working with the owners of the off-street parking assets, they created a parking system management plan. Through creative signage, a common parking validation program and extensive marketing, the system has become a well managed and comprehensive parking program. DTC does not own any of the parking assets; in essence, it acts as a private parking management firm. It manages all parking staff and programs and returns all profits to the facility owners while charging a modest management fee for their services. DTC also manages the City’s on-street parking resources and reinvests on-street parking revenues back into the downtown. The Parking District Model The Parking District Model is slightly different from the other models defined above, but as mentioned earlier, the one common element of all these successful models is the central goal of a creating a “comprehensive parking management function” under the control of one organization (“vertical integration”). The characteristics of a Parking District include: ƒA defined area with set boundaries ƒA “special assessment” that applies to all properties within the district. This revenue generally goes toward defined district improvements, but are generally restricted to parking, transportation or downtown related projects. ƒGenerally run by an Executive Director or President (although some are run by City Department Heads) ƒAll revenues are collected and managed by the District for reinvestment within the District ƒRevenue sources typically include: o Special Assessment Millage (if applicable) o Fee-in-lieu of parking funds o Off-Street Parking Revenue(could include revenue sources such as advertising in parking structures, vending machines, retail space rental in mixed-use parking facilities, and special event parking revenue) o On-Street Parking Revenue o Parking Enforcement Revenue Parking Districts have made significant contributions to the communities they serve. For example, in Boulder, CO, the Downtown and University Hill Management District/Parking Services accomplished the following with Parking District revenues: ƒFunding of the Eco-Pass Program ($700,000 for 2006) – This program gives all downtown employees a free bus pass and contributes to a 45%-62% modal split among downtown employees. ƒRepayment of a $ 3.4 million Mall Improvement Bond ($500,000/yr) – The parking system paid the $ 3.4 million bond to renovate the Pearl Street Mall in downtown Boulder. ƒBID funding and Pearl Street Mall Services Program ($100,000) – Downtown Boulder Inc. (the downtown BID) serves as the marketing arm for Downtown Boulder. Recognizing that for the downtown to be competitive on a regional basis, the parking program annually contributes $100,000 for BID funding and the Mall Services Program. ƒParking structure debt service obligations – Parking district revenues also fund the development costs of downtown public parking structures as well as all parking operating and maintenance costs. The Coconut Grove Business District in the City of Miami is formed by local merchants and maintains its own improvement trust fund. The funds collected within the District are used to facilitate public off-street parking, infrastructure improvements and maintenance and marketing to serve the area. Activities performed with revenues collected in the trust fund include: ƒAcquisition of land for parking purposes; ƒConstruction, maintenance, operation, and management of off- street public parking facilities; ƒProvision of public information to enhance parking utilization including publicity campaigns, graphics and signage, and other informational devices; APPENDIX B 93 |Page ƒCoordination of plans for parking facility improvements and expansion with public transportation plans and operations in the vicinity, particularly the joint facilities that might be operated in connection with Metrorail and any feeder services existing or future; ƒProvision of transportation to off-street parking facilities through shuttle, tram or trolley service and related physical improvements such as bus shelters and right-of-way modifications; and ƒOther related activities as may be appropriate to carry out the intent of this article including, but not limited to, reimbursement of administrative costs, infrastructure improvements in the public right-of-way, contributing to maintenance of the public sidewalks within the business district defined herein, as well as destination marketing (only through providing matching funds). This model has been very successful in implementing multiple reinvestments from the parking district revenues. Since it is maintained by the local businesses, the District can prioritize investments that have a positive impact on business. Parking Organization – Summary of Best Practices The most effective and progressive parking programs in the country embrace a “dual mission philosophy” relative to parking management, where the objectives include downtown development and revitalization. The successful organization models are generally the ones that are led by stakeholders who are already engaged in community and economic development since they are in a better position to align parking and downtown management policies with the larger community goals. More recently, downtown development organizations have taken a direct management role in parking planning and operations. Parking can be a multi-faceted tool that can be leveraged to achieve multiple goals including downtown redevelopment, community building, economic development, multimodal planning, etc.. Downtown development organizations have used parking as an economic stimulus tool to attract and promote targeted types of development that align with community goals. Providing incentives for types of development desired by a community in the long-term helps achieve a mix of land uses and make the community more sustainable. While communities still build stand-alone parking facilities to meet specific parking demands, the latest trend is to effectively use public/private partnerships to strategically locate additional public parking in conjunction with mixed-use or transit oriented developments. Under this partnership model, the City and developers share the costs of common infrastructure such as foundations, stair/elevator towers, sprinkler systems, parking access and revenue control systems, etc. creating a win-win for both parties. This “spreading out” of public parking supply also promotes a variety of beneficial goals such as better leveraging shared parking opportunities, the promotion of “Park Once” strategies to reduce traffic, congestion and emissions, etc. Through tools such as fees-in-lieu of parking, this strategic placement of parking assets can be promoted, leading to better parking supply distribution. Another successful strategy used by downtown organizations is the idea of “reinvesting a portion of parking revenues back into district in which they were generated”. The downtown can be enhanced through landscape and streetscape improvements, maintenance of cleaner streets/sidewalks, banner programs, ambassador programs, increased short-term parking supply through better enforcement practices, public art, etc. These improvements result in increased development activity, increased sales taxes, and higher property taxes. With increased parking demand there is an increase in parking revenues. This leads to even more potential reinvestment of parking revenues. It is this positive cycle of investment in economic vitality initiatives that is a characteristic of successful parking management models. The Capital City Development Corporation (CCDC) in Boise, ID has implemented a unique strategy in managing their parking assets. The CCDC manages the off-street parking infrastructure in downtown. They have successfully used a strategy of “parking leading other investment” to spur significant development in their downtown. An example of this is the recent “BoDo” (Boise Downtown) Development. The CCDC invested $14 million in two parking structures and $1.5 million in streetscape improvements. In return, they leveraged a $62 million mixed-use development (consisting of a cinema, hotel, retail, restaurants and offices) and a $25 million residential project (Aspen Lofts). CCDC’s initial investment of $14 million stimulated the private investment of over $87 million (a 5.61 investment ratio). This does not include an additional $600,000 in tax increment that was generated by the projects and a projected $1 million dollars in increased parking revenues over the next four years. Characteristics of Effective Parking Programs Based on an evaluation of numerous parking systems across the country, the following 20 characteristics have been identified as significant components of successful parking programs. These characteristics when combined into an integrated, programmatic approach will provide the foundation for a sound and well managed parking system. The 20 characteristics include: 1.Clear vision and mission 2.Parking Philosophy 3.Strong Planning 4.Community Involvement 5.Organization 6.Staff Development 7.Safety, Security and Risk Management 8.Effective Communications 9.Consolidated Parking Programs 10.Strong Financial Planning 11.Creative, Flexible and Accountable Parking Management 12.Operational Efficiency 13.Comprehensive Facilities Maintenance Programs 14.Effective use of Technology 15.Parking System Marketing and Promotion 16.Positive Customer Service Programs 17.Special Events Parking Programs 18.Effective Enforcement 19.Parking and Transportation Demand Management 20.Awareness of Competitive Environment Each of these characteristics is discussed in-depth in a separate handout titled “Characteristics of Effective Parking Programs”. Furthermore, there are numerous best practices that we have observed that have been successfully implemented in other parking programs. A sample of these best practices is also included in a separate handout titled “Parking Management and Design Best Practices”. APPENDIX B 94 |Page Evaluation of Delray Beach’s Parking Organization The City of Delray Beach maintains a horizontally integrated structure of managing parking. The various departments and the responsibilities involved with operations and maintenance of parking facilities are described below: ƒThe Parking Management Specialist is responsible for coordination of the overall parking operations, maintenance and planning. ƒThe Public Works Department is responsible for maintenance of all on- and off-street parking facilities. ƒThe Parks and Recreation Department is responsible for landscaping. ƒThe Police Department provides security while also overseeing enforcement. ƒThe Utility Billing Department is responsible for selling smart cards and beach permits. ƒThe Finance Department performs the audit/accounting function to ensure accountability of revenues and expenses. This results in a very fragmented structure as is inherent with horizontally integrated model where one entity does not have full authority of all parking functions. Recommendation: Any of the four organizational alternatives described in the chapter, could improve parking management within the City of Delray Beach. The key insight and primary recommendation being advanced for the City’s consideration is to adopt the underlying principle of a “vertically integrated” parking management model. This approach recommends one entity or agency that will manage the following functional areas as one system: ƒOn-Street Parking; ƒOff-Street Parking; ƒParking Enforcement; and ƒParking Planning. A secondary recommendation is to clearly define the “scope of operations” of the parking management function. This can entail a surprisingly long list of functions and services as discussed previously in this chapter. Based on the Consultant’s experience with the most successful and progressive municipal parking management programs in the country today, it is strongly recommend that the City of Delray Beach consider the benefits gained by what is referred to as the “dual mission philosophy”. This refers to a shift in perspective that is gained when parking management is used as a tool to achieve a larger set of goals such as “downtown or urban redevelopment” or “downtown district economic development”. Finally, it is important to reinforce the fact that parking should not be viewed in isolation, but as one important element of the larger transportation system. We encourage a shift in thinking away from “parking as a standalone element” in favor of thinking in terms of developing an “integrated set of access management strategies for the downtown”. This shift in attitude and approach might have the parking program engaging in new and different activities such as: sponsoring a community bike program or collaborating on a community car sharing service to better support downtown residential development. The Parking Management Agency might also serve as a funding partner in a larger communitywide way finding program. An important implementation tool in parking management is the principle of – “reinvestment of a portion of parking revenues back into the district where they are generated”. Paid parking is never a popular proposition, but in the end there are a limited number of tools available manage parking behaviors. The two most powerful tools of parking management are pricing and regulation (time limits, etc. supported by enforcement). Parking pricing is by far the most effective method of encouraging appropriate usage of parking assets. While parking pricing is an unpopular idea in the beginning, the combination of parking pricing and reinvestment of parking revenues within the community is a very powerful economic development tool. It also offsets the perceived negativities of paid parking. Investments such as public art, flower basket programs, pop-jet fountains, banner programs, free downtown WIFI, downtown marketing, etc. have been successfully implemented in many communities and paid for with parking revenues. Parking and transportation are critical support elements. When they are well organized, managed and have policies and programs that are aligned with the larger community strategic objectives, they can contribute significantly to downtown development and vitality. Determining the most appropriate organizational structure for a parking management entity is a critical first step and will set the foundation for future program success. It is important to note that plans alone do not change communities – people do. The road forward includes three primary elements: ƒThe Right Organizational Structure – that links authority with responsibility and provides a funding source adequate for success. ƒThe Right Parking Management Plan – designed specifically to meet the identified short, mid and long-term goals of the community. It has been said that “Parking is not rocket science”. We agree – it is much, much harder to master! Parking is political. Parking is personal. Parking is financial. Parking is perception. Parking for most downtown visitors is their first and last impression. Parking is thousands of individual “touches” everyday; and therefore parking is important! ƒThe Right Leadership – that can align parking goals with community redevelopment goals. Programs do not lead themselves. Parking is a complex and detail oriented business and as such it needs a downward focused operations manager that can keep the operation running smoothly. The City of Delray Beach should identify the parking organizational model that best fits the community goals. Especially, if a parking fee is implemented within the downtown core, there may be a need to implement a mechanism wherein revenues are reinvested within the area in which they are generated. The City should consider establishing a special parking district to help forge partnerships between the city government, residents, and business owners. The district will serve as a formal means to generate additional revenue and providing funds for valuable improvements to pedestrian facilities, lighting, street furniture, street/sidewalk maintenance, bicycle lanes, and other amenities. Also, as part of this partnership, residents and business owners will have the opportunity to specify where the revenue is spent. APPENDIX B 95 |Page CHAPTER 15 – COMPREHENSIVE PARKING MANAGEMENT PLAN A comprehensive parking management plan has been developed for the City of Delray Beach through this study process in addition to specific recommendations related to other aspects of transportation including shuttle, walkability, and TDM. The parking management plan consists of specific strategies that will encourage efficient use of existing parking facilities, improve the quality of service provided to parking facility users, improve overall parking facility design, and establish a parking organization model that is more vertically integrated. The parking management plan will also help to achieve a variety of transportation, land use, economic, and environmental objectives. A summary of the parking management strategies that have been recommended throughout this report address the following aspects of parking: ƒShared parking – typically accommodates more users with fewer spaces compared with assigning each space to an individual motorist ƒRegulated parking use – regulating parking facilities to encourage more efficient use of parking resources ƒAccurate and flexible parking standards – parking standards that are reflective of parking demand and is derived from the City’s geographic, demographic, and economic factors ƒParking policies – Policies that integrate transportation and land use decisions by creating more accessible, less automobile-dependent land use patterns. ƒPricing – Parking pricing or high-demand pricing used to encourage users to choose parking facilities based on purpose of stay, such as higher fee for on-street convenient parking. Pricing is also used to entice people to car pool, walk or bike to their destination rather than single occupant vehicle for areas of heavy activity for parking. ƒFinancial incentives for Alternative Transportation (parking cash out and transit benefits) – Financial incentives to commuters for using alternative travel modes. Employers (rather than subsidizing parking) can subsidize transit passes or offer financial rewards or other incentives (priority parking. ƒUnbundled parking pricing – Separation of parking costs from building costs where parking is sold or rented separately so occupants only pay for the parking spaces they need. ƒPeripheral Parking Lots – Parking areas outside of downtown core to be used for parking for employees who are then shuttled to major destinations. These parking areas are usually underutilized and are usually more enticing for use if priced much lower than parking rates within the downtown core. ƒConvenient Parking Technology – Use of parking meter technology that is user friendly, intuitive, and allow for monitoring by parking staff. These can also use variable pricing in which hourly rates and time restrictions could vary by block or time of day. ƒImproved user information and marketing – convenient and accurate information on parking availability and price. ƒSupportive Parking Code – Revisions to the parking code to promote shared parking generally in downtown and in mixed use developments, to support redevelopment in West Atlantic Neighborhood, to promote office friendly development standards to attract more office development in downtown, to incorporate bicycle parking requirements to support bicycling. Plan Recommendations The recommendations provided in the comprehensive parking management plan should not be considered mutually exclusive, but rather viewed as interconnected and complimentary. The following major recommendations have been presented within the Plan to provide better parking planning, management and operations within the study area: Parking Code Recommendations (Chapter 5) ƒAdopt specific parking requirements for office development within the CBD that are intended to attract Class A and B office developments (Table 5-4) ƒAdopt recommended bicycle parking requirements within the study area along with bicycle parking locational requirements (Table 5-5) ƒAllow Urban Land Institute’s (ULI)Shared Parking, Second Edition, procedures as an additional option to determine shared parking reductions for mixed-use developments ƒExtend shared parking reductions to mixed use developments outside the currently specified CBD, GC, MROC, and the PC zoning districts ƒImplement shared parking concepts within the West Atlantic Neighborhood, where the CRA can build public parking facilities at strategic locations similar to the ones in the downtown core and the Beach District, and waive/reduce parking requirements for businesses within a specified distance of public parking facilities Walkability Recommendations (Chapter 6) ƒClearly delineate crosswalks along Atlantic Avenue ƒProtect sidewalks from encroachment and define pedestrian zones along streets ƒRemove obstructions to curb ramps and improve driveway slopes ƒImprove pedestrian connections around bus stops ƒImprove pedestrian connections and lighting in and around parking facilities (Bankers Row Lot, Old School Square Garage, Railroad Lot, and SW 4th Avenue parking lot) Transportation Demand Management (TDM) Recommendations (Chapter 7) ƒExtend currently required TDM program within the Transportation Concurrency Exception Area (TCEA) to a citywide program ƒRequire specific TDM strategies within the Land Development Code for implementation ƒAdopt citywide interim and long-term TDM plan as recommended in the Plan Downtown Shuttle Review (Chapter 8) ƒRequire improved Ridership Report data from contractor for evaluation including revenue mile and deadhead mile information ƒRevise City’s shuttle service map to reflect existing routes/schedule (Shuttle map on website does not reflect existing hours of operation and Route 2 modifications) ƒModify shuttle name signage by removing vehicle wrap – replace vehicle wrap with signage that does not obstruct the view into or outside the vehicle ƒRequire proper route identification on buses – Route identification should be clearly presented on each bus on the locations required by the contract ƒImprove Route 2 marketing - Brochures/handouts including route and schedule information should be provided to beach area hotels to increase ridership on Route 2 ƒModify routes for improved connectivity with parking and both Tri- Rail and Palm Tran APPENDIX B 96 |Page City’s Operating Policies and Procedures (Chapter 9) ƒUndertake a comprehensive valet parking study to evaluate the existing valet operations to effectively enhance the City’s parking supply ƒAdopt comprehensive valet ordinance/program that regulates valet operations according to city standards which is fair for all establishments and businesses wishing to implement a valet parking program ƒImplement marketing measures and other incentives to promote the use of the smart cards. ƒEvaluate the feasibility of retrofitting existing parking meters to accept credit/debit cards in addition to smart cards ƒAdopt changes to the City’s parking enforcement policies and operations to make downtown more visitor friendly and promote enforcement officers as downtown ambassadors ƒConsider investment in automated citation handheld computers and associated hardware to improve the existing enforcement program ƒExamine the extent of the Federal time limitations of the Beach Renourishment Program to evaluate the feasibility of extending beach parking permits to residents only Revenue Control Equipment (Chapter 10) ƒImplement a mix of multi-space meters (Pay-and-Display) and single space meters for on-street parking revenue control ƒImplement revenue control equipment that accepts multiple forms of revenue including debit/credit cards, smart cards and cash Public Parking Fee (Chapter 11) ƒImplement paid parking system within the downtown core along both on-street and off-street parking facilities, with the following recommended fee structure: o On-street program fee structure ƒFirst 20 minutes free parking; beyond first hour charge of $1.25/hour within downtown core and $0.75/hour outside core will apply ƒEnforcement hours – Mon – Thu (10 a.m – 8 p.m); Fri - Sat (10 a.m – 12 a.m) ƒEnforcement Streets – Atlantic Avenue (NW 5th Ave to Intracoastal Waterway); SE 1st St, NE 1st St, and NE 2nd St (Swinton Ave to Intracoastal Waterway), NE /SE 1st Ave, NE/SE 2nd Ave, and NE/SE 4th Ave (SE 1st St to NE 2nd St) and SE 3rd Ave (Atlantic Ave to SE 1st St) o Off-street program fee structure ƒFirst hour free parking; beyond first hour charge of $1.00/hour within downtown core and $0.75/hour outside core will apply with daily maximum of $5.00 ƒEnforcement hours – Mon – Thu (10 a.m – 8 p.m); Fri - Sat (10 a.m – 12 a.m) ƒEnforcement Lots – Veterans Lot, Gladiola Lot, Village Lot, Old City Lot, Railroad Lot, Old School Square Garage, Robert Federspiel Garage, Monterey Lot o Discounted parking permits for downtown merchants, residents and employees as recommended ƒProjected annual revenue of $1.2 million and estimated initial capital cost of $1.2 million Payment in Lieu of Parking Program (Chapter 12) ƒPromote in-lieu program as a means of shared parking ƒAllow option to voluntarily participate and not hardship based ƒSet maximum limit for in-lieu spaces per site ƒReview in-lieu fee and tiered structure every 3 years Parking Organizational Models (Chapter 14) ƒImplement a vertically integrated parking organization within the City through any of the following four models: o A Consolidated City Department model o The Parking Authority model o The “Contract” or Downtown Association model o The Parking District model ƒImplement management program wherein one entity is responsible for on-street parking, off-street parking, parking enforcement and parking planning ƒUse parking management as a tool to achieve “downtown or urban redevelopment” or “downtown district economic development” ƒReinvest portion of revenues back into the downtown district ƒAdopt shift in thinking from “parking as a standalone element” in favor of developing an “integrated set of access management strategies for the downtown” Recommended Plan of Action The parking recommendations outlined in the report should be implemented as a comprehensive parking management program rather than isolated individual applications. The recommendations are intended to streamline the existing parking operations, increase utilization of facilities, encourage appropriate use of facilities, develop a coordinated parking organization structure, and provide multimodal transportation options within the study area. The recommendations contained in the report fall generally into three categories as listed below: ƒImmediate: Improvements/changes that can be performed immediately with very little investment of money and time; ƒShort Term: Improvements or changes that are recommended within the next one to three years in the recommended order; and ƒLong Term: Improvements or changes that are recommended after three to five years that involve either significant investment or require monitoring of the changes implemented in the first two categories. The recommended plan of action for the City of Delray Beach is listed in Chart 15-1. APPENDIX B 97 |Page CHART 15-1: DELRAY BEACH PARKING MANAGEMENT PLAN RECOMMENDED PLAN OF ACTION IMMEDIATE IMPLEMENTATION ƒImplement Parking Code Revisions to promote shared parking, TDM and redevelopment ƒRevise shuttle maps on City website ƒImprove marketing/branding of shuttle routes ƒIncorporate shuttle operational improvements ƒMarket TDM programs to employers through partnership with South Florida Commuter Services and Chamber of Commerce ƒPrioritize pedestrian improvements for inclusion into the Schedule of Capital Improvements SHORT-TERM IMPLEMENTATION Step 1: Organizational Structure Modification ƒEstablish Parking Organizational Structure –Select appropriate vertically integrated model ƒIdentify Parking Administrator Step 2: Pricing Implementation ƒFinalize fee structure and areas for implementation ƒDetermine personnel – enforcement, maintenance, operation ƒRevise citation schedule, payment, and processing ƒPrepare cost vs. revenue projections – capital & maintenance Step 3: Downtown Reinvestment Strategy ƒDevelop downtown priorities & reinvestment strategy ƒAllocate percent share for various priorities ƒCreate parking benefit district Step 4: Parking Operations ƒDetermine parking operations management – City or contract ƒModify operations – assign responsibilities, citation changes ƒSelect parking technologies, prices and provider ƒDetermine number and type of meters/equipment ƒImplement testing phase ƒFull scale implementation ƒPeriodic monitoring LONG-TERM IMPLEMENTATION ƒContinue to monitor success/shortcomings of parking program to evaluate needed modifications ƒIdentify other areas where parking management may be applicable as redevelopment occurs ƒImplement new signage/branding program to make parking more intuitive and visitor- friendly ƒImplement pedestrian, bicycle, lighting and security improvements at parking facilities ƒPrepare comprehensive valet plan/program APPENDIX B 98 |Page APPENDIX B APPENDIX B Addendum No. 3 RFP No.2016-107 Comprehensive Parking Management Services Page 1 of 8 CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FL 33444 Solicitation Addendum Addendum No.: 3 Solicitation No.: 2016-107 Solicitation Title: Comprehensive Parking Management Services Addendum Date: September 21, 2016 Purchasing Contact: Ryan Linghom, lingholmr@mydelraybeach.com THE FOLLOWING ITEMS ARE MADE AND HEREBY BECOME A PART OF THIS SOLICITATION: ADD: APPENDIX C, PARKING FINANCIAL DOCUMENTS Add Appendix C, Parking Financial Documents per this Addendum 3. ADD: APPENDIX D, PARKING SPACES MAP Add Appendix D, Parking Spaces Map per this Addendum 3. CHANGE TO: SUMMARY, ITEM 14 RFP SCHEDULE ACTIVITY DATE Issue RFP August 19, 2016 Non-Mandatory Pre-proposal Conference Location: City Hall Conference Room August 30, 2016, 3:00 p.m. Deadline for Delivery of Questions September 9, 2016 Due Date and Time (for delivery of Proposals) September 28, 2016 by 2:00 p.m. September 30, 2016 by 2:00 p.m. Addendum No. 3 RFP No.2016-107 Comprehensive Parking Management Services Page 2 of 8 Institute Cone of Silence September 28, 2016 at 2:00 p.m. September 30, 2016 at 2:00 p.m. Phase 1 Evaluation (Responsive and Responsible) October 5, 2016 October 7, 2016 Selection Committee Meeting – Technical Evaluations Location: City Hall Conference Room October 18, 2016, 1:00 p.m. Selection Committee Meeting – Interviews (if conducted) Location: Environmental Services Training Room October 25, 2016, 8:30 a.m. Selection Committee Meeting - Final Evaluations Location: City Hall Conference Room October 27, 2016, 9:00 a.m. CHANGE TO: SECTION 3, ITEM S PARKING SYSTEM Parking System The parking management system should include the following: i. Real-time sensors for vehicle occupancy. ii. App for guidance to open parking. iii. Provides data for decision-making including real-time status and historical data. iv. Real-time web-based and mobile technology that includes a free smart phone App. v. Real-time parking enforcement App that reports violations. NOTE: Unless otherwise noted, items that are struck through are deleted. Items that are underlined have been added. All other terms and conditions remain as stated in the RFP. QUESTIONS AND RESPONSES: Q1. Will there be working capital made available to the operator? R1. An answer to this question is not available. The City is open to this discussion during contract negotiations. Q2. What is the current work schedule and rate of pay for each position? R2. The current work schedule for the Meter Technician is 7AM to 3:30PM at $13.00/hour. Additionally, the City’s current contract with Ameristar Parking Solutions is as follows: Valet Attendant - $13.95/hour; schedule unavailable Porter - $14.95/hour; schedule unavailable Addendum No. 3 RFP No.2016-107 Comprehensive Parking Management Services Page 3 of 8 Cashier - $14.95/hour; schedule unavailable Manager - $14.95/hour; schedule unavailable Q3. What equipment will be made available to the operator? R3. The Successful Proposer will be provided an office space with a count room and safe. Q4. Is there a map of the current enforcement routes available? R4. No, there is no map available. Q5. Can you provide the last two years (year-end) financial statements? R5. Yes. Refer to Appendix C, Parking Financial Documents added per this Addendum 3. Q6. Who is currently doing the collections? R6. The City’s Public Works Division currently handles collections. Q7. Our firm would like to request an extension of the Due Date and Time for proposals. Will the bid Due Date and Time for Proposals be extended? R7. The Due Date and Time has been revised per this Addendum 3. Q8. Please describe the range of an hourly fee for the demand pricing. R8. The City is seeking recommendations for demand pricing. Q9. Please describe the ideal days/hours for parking enforcement as it relates to this scope. R9. Parking enforcement should be provided seven days a week from 8:00AM to 8:00PM. Q10.Please describe the number of events that currently take place in Delray. Is there a charge for parking in the garage? Is there a charge for parking on- street? R10. The current number of City events is unavailable. To find the number of events in the City, refer to response from Question 35. To find charges to park in City garages and on-street spaces, refer to response for Question 27. Q11.Please provide the annual revenues for each garage broken down by type. R11. Refer to response for Question 5. Q12.What are the intended rates in the garages? R12. The City is seeking recommendation to change the rates. The current charge is a $5 flat fee. Q13.Please indicate the chosen multi-space provider. R13. The City has not awarded a contract for multi-space smart parking meters at this time. Addendum No. 3 RFP No.2016-107 Comprehensive Parking Management Services Page 4 of 8 Q14.Regarding Section 3, Item C, would the City be interested utilizing way- finding software without sensors? R14. Yes, the City is open to alternate recommendations for sensors. Q15.Regarding Section3, Item I, please disclose any water recapture laws. Does this include parking stalls, drive lanes and stairwells? R15. Yes, this includes parking stalls, driving lanes, and stairwells. Refer to City of Delray Beach Code of Ordinances Tittle 5 chapter 53 for water recapture laws. Q16.In Section 3, Item D, it indicates the proposer is not required to provide cashier services. However, Item K indicates Proposer should be responsible for collecting all payments from the public. Please clarify the City’s intent. R16. Section 3, item K relates specifically to collecting citation payments. Both items are correctly stated in the RFP. Q17.Please describe the size of the office provided. Does it have a secure count room? Q17.The room is approximately 320 square feet, which includes a secure count room. Q18.Please provide confirmation of any and all equipment that will be provided to the Proposer upon award for use strictly for this project. R18. Refer to response for Question 3. Q19.Does the City prefer pay by plate or pay by space technology? Q19.The City prefers pay-by-plate technology. Q20.How does the City want the Proposer to submit the experience expressed in section 2-4-A-ii-d just the same as section 2-A-3? Are there any minimum requirements for this experience? R20. The format to submit information requested in Section 2, Item 4 Proposal Response Requirements is at the Proposer’s discretion. The minimum qualifications are listed in Section 2, Item 3 Minimum Qualifications. Q21.Can the price proposal be submitted as a separate file or does it have to be included in the continuous file to be submitted? R21. The price proposal must be submitted as part of one continuous proposal file. Q22.Can the references indicated in section 2-A-3 be included in the ones referred in section 2-4-A-vi? Q22.Yes, If Proposer has one or more references that match the requirements of each of the requesting sections, Proposer may submit the same reference for each section. Q23.Related to managing the rates throughout the day and adjusting based upon demand, can the Proposer stablish new rates for the different spaces and apply them if awarded the contract? R23. Rates will be determined by City staff only. However, the City welcomes suggestions. Addendum No. 3 RFP No.2016-107 Comprehensive Parking Management Services Page 5 of 8 Q24.Please provide a list of number of single parking meter and pay stations currently installed within the City. Indicate model, technology (payment type and age. R24. The City has 240 POM single space meters that are each approximately six years old and accept coins and smart cards. Additionally, the City has 15 Digital pay stations that are each approximately eight years old and accept coins, credit cards, and smart cards. Q25.When the RFP talks about multi space parking technology, is the City expecting the Proposer to change all machines within the City? If so, would the City accept pay stations installed for the on street parking spaces? R25. No, the City will be installing new multi-space smart parking meters, including meters for on-street spaces. The meter installation is anticipated to be completed in 2016. Q26.Are all parking lots regulated with pay stations? If so, indicate the number of pay stations installed at each location. If not, is the City expecting on regulating them with pay stations? Will be this a cost for the Proposer? Q26.No, not all parking lots are regulated with pay stations; most of the paid parking is on the barrier islands. The City intends to increase inventory in the Central Business District sometime in the near future. This will not be a cost to the Proposer. Q27.The study included in Appendix B indicates that the fee for the lots at the Beach district is $1.25 per hour. A) Has this fee been reviewed since 2010 (year of the study). If so, please indicate the current fee. B) Can you tell us if this rate is the same for all the lots around the City, or there are different fees? If so, indicate please the currently fee for each location. R27A. The current fee for parking on the barrier islands is $1.50 per hour. The current fee for parking garages is $5 flat rate Thursday through Saturday after 4:00PM. R27B. Currently, most fees for parking are collected in the garages and barrier islands only. Q28. Is there any free fee parking lot within the scope of work? If so, please indicate which locations have free parking. R28. Currently, most fees for parking are collected in the garages and barrier islands only. Q29. Please provide revenues for the last three years for each parking lot location. R29. Yes. Refer to response for Question 5. Q30. Please indicate the PARC system at each garage location and the age of them. R30. The City does currently not have a PARC system in either garage. Addendum No. 3 RFP No.2016-107 Comprehensive Parking Management Services Page 6 of 8 Q31. Is any PARC system installed in the garages centralized by anyhow by meanings of sending any information to a cloud or a server? R31. No. Refer to response for Question 30. Q32. Please provide revenues for the last three years for each parking garages location. R32. Refer to response for Question 5. Q33. Related to on street parking: A) Are the five minutes spaces included in the total amount of on street parking spaces indicated in Ap pendix B? If so, please indicate how many of them are there currently and if it is free to park in them. B) Do spaces at Central Core that are designated for valet parking between 5 p.m. and 2 a.m. have the same fee as the rest in the same schedule? Please indicate what is the fee for this spaces and the number of spaces designated for this purpose. C) Appendix B tables 2-5 and 2-6 (page 8) indicates that there are some undesignated or under construction spaces. Please provide an upgraded table with all the current on street parking spaces. D) The rate indicated in Appendix B is stablished at $1.25 per hour, since the study was made in 2010, please provide the current fee for on street parking spaces if it has been reviewed. E) Please provide revenues for the last three years for on street parking within the City. R33A. Yes, the approximately 20 five-minute spaces are included in the spaces indicated in Appendix B. All five-minute spaces are free. R33B. Valet parking spaces are currently rented to valet companies at approximately $140 per month. R33C. Refer to Appendix D, Parking Spaces Map added per this Addendum 3. R33D. The amount has been revised from $1.25 to $1.50 since 2010. R34E. Refer to response for Question 5. Q34. Is the City expecting the Proposer to hire actual enforcement personnel? If so please indicate current payroll. R34. Yes, the City is asking for the Successful Proposer to include enforcement personnel. The City’s enforcement department currently consists of volunteers and one part-time employee at $15.75 per hour, with a maximum of 29 hours per week. The weekly total number enforcement hours is approximately 84. Q35. Related to event management, please provide list and number of events during the last two years and the ones that are planned to do for next year (or at least an average of the number of events). R35. In 2015, the City had approximately 14 events, seven of which were considered to be major events. Q36. Please provide number of citations managed for the last three years. R36. The number of citations managed for the last three years is 53,398. Addendum No. 3 RFP No.2016-107 Comprehensive Parking Management Services Page 7 of 8 Q37. When Section 3, Item S talks about a free smart phone app, does it mean that the Proposer cannot charge the users for the service? Please confirm that cost can be included in the reimbursable costs of the fee proposal. R37. See revised Section 3, Item S per this Addendum 3. Q38. Related to real-time sensors for vehicle occupancy, must all the spaces be sensorized (included garages) or the Proposer can propose an alternative system for providing real time occupancy for certain spaces? R38. Proposer may propose an alternative system. The City is seeking best practice suggestions in regards to real-time sensors. Q39. What is the number and revenue of paid parking tickets issued in 2015? R39. The City issued 10,938 parking tickets in 2015 for total revenue of $426,658.18. Q40. What is the number and revenue of unpaid tickets in 2015? R40. This information is not available. However, the estimated percentage of unpaid parking tickets in 2015 is sixty percent. Q41. Number and revenue of paid parking tickets issued in 2014? R41. The City issued 10,270 parking tickets in 2014 for total revenue of $414,049.27. Q42. What is the number and revenue of unpaid tickets from 2014? R42. This information is not available. Q43. What is the range of fines? R43. The fines range from $35 to $45, with the exception of disabled parking space violations, which are $250. Q44. Does Delray Beach issue warning tickets? R44. No, the City does not issue warning tickets for parking citations. Q45. Do you mail delinquent violation notices? If yes, how many each year? R45. Yes, the City mails delinquent violation notices. An annual amount is not available. Q46. How do you currently obtain registered owner name and address information? Q46. The City currently uses the AS400 system. Q47. What is the percentage of FL violators vs. out of state violators? R47. This information is not available. Q48. Regarding the Parking Permit Program referred to on page 82 table 11-18, how many permits of each type are expected? R48. The City expects approximately 500 residential permits per year. Q49. Will the City accept bids in part from subcontractors? R49. No. Proposals must be submitted by the prime Proposer. Addendum No. 3 RFP No.2016-107 Comprehensive Parking Management Services Page 8 of 8 The Deadline for Delivery of Questions for this Solicitation was September 9, 2016. Therefore, with the exception of process questions, further questions will not receive a response. End of Addendum INSTRUCTIONS: Receipt of this addendum must be acknowledged as instructed in the solicitation document. Failure to acknowledge receipt of this Addendum may result in the disqualification of Respondent’s response. CITY OF DELRAY BEACH REVENUE COMPARISON - BUDGET VS ACTUAL FOR FISCAL YEAR 2016 October 1 Thru July 31 ACTUAL OVER/(UNDER)% REVENUE SOURCE BUDGET REVENUES BUDGET EARNED Meters Parking Fees 725,000$ 580,605$ (144,395)$ 80.08% Multispace Meters 650,000 571,108 (78,892) 87.86% Smart Card Fees 2,000 4,839 2,839 241.95% Total Meters 1,377,000 1,156,551 (220,449) 83.99% Garages Special Events 50,000 55,024 5,024 110.05% Federspiel 74,000 71,210 (2,790) 96.23% Old School Square 186,000 184,863 (1,137) 99.39% Old School Square - Valet 70,000 59,564 (10,436) 85.09% Total Garages 380,000 370,660 (9,340) 97.54% Total All Sources 1,757,000$ 1,527,212$ (229,788)$ 86.92% APPENDIX C PARKING FINANCIAL DOCUMENTS PARKING GARAGE AND METER REVENUE Fiscal Year 2015 MONTH OSS OSS VALET FEDERSPIEL SPECIAL EVENTS POM MULTISPACE TOTAL October-14 27,547 7,682 7,163 - 57,077 45,760 145,228 November-14 15,637 5,240 4,310 - 46,073 31,992 103,251 December-14 24,539 9,755 13,844 - 63,712 53,817 165,668 January-15 17,211 9,376 4,874 7,506 60,030 54,091 153,088 February-15 5,969 8,678 8,009 9,439 58,708 57,759 148,563 March-15 12,041 8,434 9,826 11,755 76,332 97,319 215,707 April-15 13,113 6,764 8,850 20,581 74,827 85,016 209,151 May-15 20,295 8,278 6,176 - 68,492 64,271 167,511 June-15 13,846 5,565 9,530 - 59,494 59,320 147,755 July-15 16,079 6,112 5,649 1,979 64,983 48,851 143,653 August-15 11,806 4,474 4,352 - 55,163 44,167 119,963 September-15 7,976 3,162 8,255 - 46,068 30,371 95,832 YEARLY TOTAL 186,059 83,519 90,838 51,260 730,961 672,733 1,815,369 APPENDIX C PARKING FINANCIAL DOCUMENTS Fiscal Year 2016 MONTH OSS OSS VALET FEDERSPIEL SPECIAL EVENTS POM MULTISPACE TOTAL October-15 18,981 5,445 5,316 - 55,846 37,018 122,606 November-15 24,373 7,768 7,337 - 43,291 48,564 131,333 December-15 18,769 9,277 10,558 7,623 59,884 49,605 155,715 January-16 18,165 6,630 4,344 12,339 47,264 42,022 130,765 February-16 6,090 5,704 9,012 509 49,049 55,370 125,734 March-16 16,382 7,757 11,843 12,528 72,796 81,902 203,208 April-16 18,410 5,662 6,077 19,274 62,730 73,715 185,869 May-16 21,028 4,319 5,123 - 68,091 76,257 174,818 June-16 22,816 3,728 5,962 - 61,682 55,817 150,005 July-16 19,849 3,274 5,637 2,751 59,972 55,675 147,158 August-16 - - - - - - - September-16 - - - - - - - YEARLY TOTAL 184,863 59,564 71,210 55,024 580,605 575,947 1,527,212 APPENDIX C PARKING FINANCIAL DOCUMENTS ¬«2 ¬«11 ¬«4 ¬«16 ¬«12 ¬«17 ¬«8¬«10 ¬«13 ¬«6 ¬«7 ¬«18 ¬«3 ¬«20 ¬«9 ¬«5 ¬«19 ¬«14 ¬«12 ¬«15 SW 2nd St NW 2nd St SW 4th St Lake Ida Rd SW 1st St SW 3rd St NW 1st St E Atlantic Ave NE 4th St W Atlantic Ave SE 6 t h A v e SE 5 t h A v e SE 4 t h A v e SE 3 r d A v e NE 1st St NE 5 t h A v e N E 6 t h A v e N E 7 t h A v e SW 4 t h A v e SW 5 t h A v e SW 6 t h A v e SW 7 t h A v e SW 8 t h A v e NE 2nd St N E 2 n d A v e SE 1st St S O c e a n B l v d SE 7 t h A v e SE 2nd St Ve n e t i a n D r N O c e a n B l v d N E 1 s t A v e SE 4th St S S w i n t o n A v e N W 6 t h A v e N W 8 t h A v e Gl e a s o n S t SW 1 4 t h A v e N W 5 t h A v e NW 1 0 t h A v e N S w i n t o n A v e Pa l m T r l N W 4 t h A v e N W 7 t h A v e NW 3 r d A v e SW 1 s t A v e SW 2 n d A v e An d r e w s A v e SW 1 2 t h A v e SW 1 1 t h A v e SW 1 0 t h A v e N W 1 s t A v e NW 3rd St SE 3rd St NE 3rd St S W 3 r d A v e N E 8 t h A v e N E 3 r d A v e Beach Dr N W 9 t h A v e SE 2 n d A v e SE 6th St Bay St NW 1 3 t h A v e SW 1 3 t h A v e N W 2 n d A v e Enfield Rd NW 1 4 t h A v e Lowry St NE 5th St SE 5th St Miramar Dr Thomas St B u c id a Rd N E 4 t h A v e Island Dr SW 9 t h A v e Ma r i n e W a y Ra i l r o a d A v e NW 1 1 t h A v e Seaspray Ave NW 1 2 t h A v e Se a b r e e z e A v e Nassau St Ingraham Ave Laing St Lee St Ma c F a r l a n e D r E a s t R d Casuarina Rd S e a g a t e D r N Vista Del M a r D r Auburn Cir N Pa l m S q Ocean Ter Delray Lakes Dr I-95 Ro o s e v e l t A v e Au b u r n A v e Se a S a g e D r NE 1st Ct SW 3rd Ct SW 6th St SE 1 s t A v e NE 5th Ct Basin Dr Sa l i n a A v e NW 4th Ter Fi s h e r L n Beverly Dr Prospect St Br o n s o n A v e Auburn Dr NW 3rd Ter N Dix i e B l v d SVista D e l M a r D r NW 4th St Waterway Ln Langer Way W M a l l o r y C i r Pa l m A v e SW 2nd Ct S e a L n N Coda Cir E C a n n e r y R o w C i r Coralina Ln NW 3rd Ct Ol e a n d e r L n W C a n n e r y R o w C i r SW 2nd Ter Pu g l i e s e s W a y E M a l l o r y C i r Enfi e l d T e r NW 4th St N W 1 2 t h A v e NW 1st St An d r e w s A v e SW 3rd St SW 1st St SE 2 n d A v e SE 6th St SE 5th St SW 6th St NW 3rd St NE 5th St SE 3rd St NE 3 r d A v e NE 4 t h A v e SE 1 s t A v e N Legend DRB_Parking_Areas_GARAGESDRB_Parking_Areas_ LOTSOn_Street_Parking DOn_Street_Parking D/UOn_Street_Parking U CITY OF DELRAY BEACHENVIRONMENTAL SERVICES DEPARTMENT434 SOUTH SWINTON AVENUE DELRAY BEACH, FL 33444 Delray Beach Parking Facilities Date: 2/2/2016 Document Path: S:\EngCADD\GIS\Projects\Carhuamaca\Parking\Parking_11x17wide.mxd Parking Areas Map Id Name_Description Total_Space Handicapped1 Atlantic Dunes Park Lot 121 62 Anchor Lot 82 43 Ingraham Lot 35 04 Sandoway Lot 136 65 Marriott/Orange Grove Lot 30 26 Gleason St Lot 39 07 Veterans Lot 102 58 Gladiola Parking Lot 74 49 Village Parking Lot 40 210 Old City Lot 55 411 Railroad Parking Lot 191 712 Old School Square Park Lot 99 012 Old School Square Parking Garage 505 1413 Bankers Row Parking Lot 29 214 Cason Cottage Parking Lot 10 315 Robert Federspiel Garage 198 516 Monterey House Parking Lot 82 317 City Hall Lot 141 018 Tennis Center Lot 83 019 SW 4th Ave. Parking Lot 23 120 Fire Station Parking Lot 29 1 Street From_To Spaces UndesignatedSWINTON AVE. ATLANTIC AVE. TO SE 2ND ST 0 13SW 5TH AVE. ATLANTIC AVE. TO SW 1ST ST.4 0SW 1ST AVE. ATLANTIC AVE. TO SW 2ND ST.10 0SW 1ST ST. SW 2ND AVE. TO SWINTON AVE.10 0SW 2ND AVE. ATLANTIC AVE. TO SW 2ND ST.13 0NE 2ND ST. SWINTON AVE. TO RAILROAD AVE.15 6SE 2ND ST SWINTON AVE. TO INTRACOASTAL WATERWAY 16 38NE 3RD ST. NE 1ST AVE. TO NE 6TH AVE.18 0NW 5TH AVE. ATLANTIC AVE. TO NW 2ND ST.22 0NW 4TH AVE. ATLANTIC AVE. TO NW 1ST ST.22 0SE 1ST AVE. ATLANTIC AVE. TO SE 2ND ST.24 13SE 2ND AVE ATLANTIC AVE. TO SE 3RD ST.24 0NE 3RD AVE. NE 2ND ST. TO NE 3RD ST 28 0NE 1ST ST. SWINTON AVE. TO NE 6TH AVE.29 5NW 3RD AVE. ATLANTIC AVE. TO NW 1ST ST.34 0ATLANTIC AVE. SWINTON AVE. TO FEC RAILROAD 36 0ATLANTIC AVE. INTRACOASTAL WATERWAY TO SR A1A 43 0ATLANTIC AVE. SW/NW 5TH AVE. TO SWINTON AVE.45 0SE 4TH AVE. ATLANTIC AVE. TO SE 2ND ST.54 0ATLANTIC AVE. FEC RAILROAD TO INTRACOASTAL WATERWAY 60 0NE 4TH AVE. ATLANTIC AVE. TO NE 2ND ST 60 0SE 1ST ST. SWINTON AVE. TO INTRACOASTAL WATERWAY 61 0NE 1ST AVE. ATLANTIC AVE. TO NE 4TH ST.63 0NE 2ND AVE. ATLANTIC AVE. TO NE 4TH ST.72 0ATLANTIC AVE. SW/NW 12TH AVE. TO SW/NW 5TH AVE.72 0SE 3RD AVE. ATLANTIC AVE. TO SE 2ND ST.74 0SR A1A BEACH DR. TO ATLANTIC AVE.104 0SR A1A ATLANTIC AVE. TO CASUARINA RD.121 0 Street Parking APPENDIX D - PARKING SPACES MAP AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND LANIER PARKING METER SERVICES, LLC D/B/A LANIER PARKING SOLUTIONS FOR COMPREHENSIVE PARKING MANAGEMENT SERVICES This is an Agreement ("Agreement"), made and entered into by and between the City of Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as "City," And Lanier Parking Meter Services, LLC d/b/a Lanier Parking Solutions, a Georgia Limited Liability Company, hereinafter referred to as "Contractor" (collectively referred to as the "Parties"). WITNESSETH: ln consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 11, the Exhibits, and documents that are expressly incorporated herein by refereñce. 1.2 Commission - The City Commission of the City of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or designee. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Contractor and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this 1 Agreement as set forth herein. ln the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of City appointed by the Commission. 1.5 City Attorney - The chief legal counsel for City appointed by the Commission. 1.6 Project - The Project consists of the services described in Exhibit A, Scope of Services. ARTICLE 2 SCOPE OF SERVICES 2.1 Contractor shall perform all work identified in this Agreement, Exhibit A, Scope of Services. The Scope of Services is a description of Contractor's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical. 2.2 Contractor acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify Exhibit A, Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 This Agreement is in full force and effect upon full contract execution by the City of Delray Beach. The term of the Agreement shall be from May 17, 2017 to September 30, 2020 with two, one-year options to renew. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.2 ln the event services are scheduled to end due to the expiration of this Agreement, the Contractor agrees that it shall continue service upon written request by the City. The Contractor shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement as amended. The Chief Purchasing Officer shall notify Contractor of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. 2 ARTICLE 4 COMPENSATION 4.1 City will pay Contractor, the following, and as further set forth in Exhibit D and Exhibit E: a) A total fixed amount not to exceed Thirty Thousand Dollars ($30,000) per year as an Annual Management Fee for work actually performed and completed pursuant to this Agreement; b) An amount not to exceed Five Hundred and Eighty Thousand Dollars ($580,000) per year for all reimbursable Operating costs; e) An amount not to exceed One Hundred and Twenty Five Thousand ($125,000) amortized over a 36-month period at an interest rate of 6.99 percent, with such payment not to exceed Three Thousand Eight Hundred and Fifty Nine dollars and Seventeen cents ($3,859.17) per month. Said amounts shall be accepted by Contractor as full compensation for all such work and expenses. Contractor acknowledges that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Contractor for its services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Contractor's obligation to perform all items of work required by the Scope of Services. 4.2 REIMBURSABLES 4.2.1 ln accordance with and pursuant to the City's procurement code and subject to the limitations set forth below, reasonable expenses, which are directly attributable to the services identified in Article 2 may be charged at no more than actual cost, with the exception of Equipment costs as set forth in Exhibit D. The maximum sum which may be charged for Operating costs, excluding Equipment costs, shall not exceed Five Hundred and Eighty Thousand Dollars ($580,000) per year. 4.2.2 The City will pay Contractor for a one-time purchase of City-authorized equipment an amount not to exceed One Hundred and Twenty Five Thousand ($125,000) amortized over a thirty-six month period in an amount not to exceed Three Thousand, Eight Hundred and Fifty Nine dollars and Seventeen cents ($3,859.17) per month. ln the event this Agreement is terminated for any reason prior to the full payment of such authorized equipment, the City shall, within thirty (30) days of termination, pay Contractor the total of the remaining unamortized balance for any equipment purchased for City by Contractor, provided such equipment was previously authorized by the City. 3 4.2.3 A detailed statement of expenses must accompany any request for reimbursement. Expenses must be documented by copies of paid receipts, checks, or other evidence of payment. 4.2.4 Contractor acknowledges that the dollar limitation set forth in Section 4.2.1 is a limitation upon, and describes the maximum extent of, City's obligation to reimburse Contractor for expenses, but does not constitute a limitation, of any sort, upon Contractor's obligation to incur such expenses or perform the services identified in Article 2. 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 Contractor shall submit an "Operating Advance Invoice" for pre-approved, Reimbursable Operating Costs and Expenses, an "Equipment Invoice" for amortized Equipment Costs, and a "Services Invoice" for the Annual Management Fee, as further set forth in Exhibit "D". Contractor shall submit the Operating Advance Invoice to the City on a monthly basis. From May 17, 2017 through September 30, 2017, the monthly amount shall be one-fifth (1/5) of the pre-approved, allowable Operating Costs and Expenses for the first partial fiscal year of the Term. Thereafter, the monthly amount shall be one-twelfth (1/12) of the pre- approved, allowable annual Operating Costs and Expenses. The Operating Advance Invoice shall be submitted to the City on the first day of the month for which such amounts apply and shall be payable within 15 days of receipt of a correct invoice. The Services Invoice and the Equipment Invoice shall be sent within fifteen (15) days of the end of each month, except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. Second Party shall submit with each invoice a Certification of Payments to Subcontractors and Suppliers (Exhibit B) (if applicable). The certification shall be accompanied by a copy of the notification sent to each subcontractor and supplier listed in item 2 of the form, explaining the good cause why any such payment has not been made. 4.3.2 City shall pay Contractor within thirty (30) calendar days of receipt of Contractor's proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be 4 withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. 4.3.3 Contractor shall pay its subcontractors and suppliers within thirty (30) days following receipt of payment from City for such subcontracted work or supplies. If Contractor withholds an amount from subcontractors or suppliers as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from City. 4.3.4 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment of the Annual Management Fee to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. 4.3.5 Payment shall be made to Contractor at: Lanier Parking Solutions 233 Peachtree St. Harris Tower, Ste. 2600 Atlanta, GA 30303 Attn: Accounting Department 4.3.6 Contractor shall send all invoices to: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Attn: Accounts Payable ARTICLE 5 INDEMNIFICATION Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney in accordance with prevailing market rates, selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the Operator's performance of the Scope of Services in this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from 5 injuries or damages sustained by any person or property. ln the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor under this Agreement may be retained by City until Contractor or Contractor's insurance provider agrees in writing to defend and indemnify City's claims for indemnification pursuant to this Agreement.. Any amount withheld shall not be subject to payment of interest by City. This Article 5 shall survive the term of this Agreement. ARTICLE 6 INSURANCE 6.1 Contractor shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit C in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. Contractor shall name City as an additional insured under the primary and non-contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is City of Delray Beach, Florida. This official title shall be used in all insurance documentation. 6.3 Within fifteen (15) days of notification of award, Contractor shall provide to City proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, and Declaration pages evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of Declaration pages of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the City determines all performance required of Contractor is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit C. City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 6 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, limits, coverage, and endorsements. 6.5 If Contractor uses a subconsultant or subcontractor, Contractor shall ensure that each subconsultant or subcontractor names "City of Delray Beach, Florida" as an additional insured under the subconsultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. ARTICLE 7 TERMINATION 7 .1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (1 O) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the City Commission. Termination for convenience by the City Commissions hall be effective on the termination date stated in written notice provided by City Commission, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Contractor provides a false certification submitted pursuant to Section 287 .135, Florida Statutes. This Agreement may also be terminated by the Board for reasons stated above. 7 .3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement (Section 9.9) except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7 7.4 ln the event this Agreement is terminated for convenience, Contractor shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. 7.5 ln the event this Agreement is terminated for any reason, any amounts due to Contractor shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Contractor to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Contractor shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and li of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. ln addition, Contractor shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Contractor represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to 8 terminate this Agreement and recover from Contractor all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Contractor grants to City a non- exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. ln the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the Contract Administrator within eight (8) days of termination of this Agreement by either party. Notwithstanding the requirements Chapter 119, Florida Statutes, City understands that certain documents pertaining to expenses which are allocated or prorated based on revenue and exposure amongst Contractor and its affiliate brands, shall not be property of the City and is not required to be delivered to City pursuant to this section. Such documentation shall include but not be limited to documents of expenses related to all insurance policies. Any compensation due to Contractor shall be withheld until all documents are received as provided herein. 9.2 PUBLIC RECORDS 9.2.1 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 15T AVE., DELRAY BEACH FLORIDA. THE CITY CLERK MAY BE REACH VIA TELEPHONE AT 561-243-7060 OR BY EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. 9.2.2 Contractor shall comply with public records laws, specifically to: i. Keep and maintain public records required by the City to perform the service. ii. Upon request from the City's custodian of public records, provide the City 9 with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the City. iv. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. If the Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.3 INSPECTOR GENERAL. Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its sub licensees and lower tier sub licensees. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Contractor and its subcontractors that are related to this Project. Contractor and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. 10 All books, records, and accounts of Contractor and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall ensure that the requirements of this Section 9.3 are included in all agreements with its subcontractor(s). 9.5 TRUTH-IN-NEGOTIATION REPRESENTATION Contractor's compensation under this Agreement is based upon representations supplied to City by Contractor, and Contractor certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and 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 City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement 11 and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ln addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 9. 7 INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of Contractor. ln providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: City Manager 12 With copy to: City of Delray Beach 200 NW 1st Avenue Delray Beach, FL 33444 Attn: City Attorney For Contractor: Lanier Parking Solutions 233 Peachtree St. Harris Tower, Ste. 2600 Atlanta, GA 30303 Attn: Risk Management and Legal Department 9.1 O ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. ln addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 9.11 CONFLICTS Neither Contractor nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. 13 None of Contractor's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. ln the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. 9.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE ln the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 14 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 9.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 9.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 9.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY 15 HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITIEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATIORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 PAYABLE INTEREST 9.21.1 9.21.2 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. Rate of Interest. ln any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 16 9.22 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. All Exhibits are incorporated into and made a part of this Agreement. 9.23 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 9.25 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. ARTICLE 10 PERFORMANCE BOND Contractor will execute and deliver to the City, within ten (1 O) days full execution of this agreement, a Cash Deposit, Performance Bond, or Unconditional Irrevocable Letter of Credit payable to the City, in the total amount of Contractor's bid amount of Six Hundred Sixty One Thousand Three Hundred and Ten dollars ($661,310.00). If the bond is on an annual coverage basis, renewal of each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing bond. A surety company of recognized standing, authorized to do business in the State of Florida, and having a resident agent must execute the Performance Bond. If a letter of credit is chosen, it must be in a form acceptable to the City, drawn on a bank acceptable to the City, and issued in favor of the City. The amount herein above set is not intended to be or shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of the Agreement by the Contractor. The City shall monitor the performance of Contractor. If Contractor's performance fails to meet the requirements specified within this Agreement, the City may without cause and without prejudice to any other right or remedy, terminate this Agreement whenever the City determines that such termination is in the best interest of the City. 17 ARTICLE 11 ORDER OF PRECEDENCE The documents listed below are a part of this Agreement and are hereby incorporated by reference. ln the event of inconsistency between the documents, unless otherwise provided herein, the terms of the following documents will govern in the following order of precedence: A. Terms and conditions as contained in this Agreement; B. RFP No. 2016-107, Comprehensive Parking Management Services, dated August 19, 2016, and all its addenda; C. Contractor's response to RFP No. 2016-107, Comprehensive Parking Management Services, and any subsequent information submitted by Contractor during the evaluation and negotiation process. (The remainder of this page is intentionally left blank.) 18 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the day of _ 2017, and Contractor, signing by and through its , duly authorized to execute same. ATTEST: CITY OF DELRAY BEACH, FLORIDA Kimberly Wynn, Interim City Clerk By _ Cary D. Glickstein, Mayor __ day of , 2017. APPROVED AS TO FORM: R. Max Lohman, City Attorney 19 AGREEMENT BElWEEN DELRAY BEACH, FLORIDA AND LANIER PARKING METER SERVICES, LLC D/8/A LANIER PARKING SOLUTIONS CONTRACTOR STATE OF FLORIDA COUNTY OF PALM BEACH ( rinted na e, Title) --i~ay of ~ , 2017 __ ,,,,,,, \ •• - '°'ELE e,,, - ,._v •••..••• (,,,., '• "' .? •• • • - T. • ; ~~···· QJ A ñ···.f-,. '• ; .• ~· 'T'- \ # ,. ·"- ,-. t ,. : ~ E:'.Ai ), : ; ~ \~ lJB\..\v_<t i J ' ~ ... ~ r¡,<:::>l ~"' '•• O~··;/·eb. oô• •• •4., ;' ' ~ •º..i'\ • ,,, ~tv cou, ~ ,,,,,, ., The foregoing instrument was acknœsdedqed before me this zne! day of , 2017, by ßî e.u--, • , as t'\.<Sìcltr1 \- (name of officer or agent title of officer or agent , of ·u- · t..lc....t'\ · tiame of corporation acknowledging), a G-c.oel)~ (state or place of i corporation) corporation, on behalf of the corporation. He/she s personally known to me or has produced (type of identification) as identification Notary Public - State of Rôftda ~1»451C..: 20 EXHIBIT A SCOPE OF SERVICES A. Scope Contractor shall provide all personnel, materials and services necessary to manage and operate the City's parking system. Services will include, but not be limited to, integrated parking management software solution that is accessible via smart-phone technology, parking revenue collection, parking enforcement, parking citation management, complaint resolution, coordination on parking matters with downtown businesses, parking meter maintenance, management of two parking garage facilities, and providing data, analysis and recommendations to the City regarding enhancements related to parking and mobility in the downtown area such as managing parking for events and residential parking. Contractor shall complete all advance preparation necessary to begin the provision of required services on the first day of the Agreement Commencement Date. Contractor will be responsible for the management of all City Downtown parking which includes a variety of parking options including off-street parking facilities, on-street parking, and parking garages currently totaling approximately 2,400 parking spaces, 1,254 of which are paid spaces and the primary focus of the data analytics platform. The City Chief Parking Officer will oversee and direct Contractor's parking management activities. Additionally, the City has a Parking Advisory Board that will advise with respect to parking management policy and related issues. B. Goal The over-arching goal for strategies of Contractor will be to balance the parking needs of the community with the competing interests of businesses, restaurants, visitors and residents in the downtown area and the safety and economic vitality of the City. C. Services Subject to the approved budget, Contractor shall handle all parking functions including hiring and managing the parking enforcement staff in order to provide overall management of all City parking assets, including but not limited to the following areas of responsibility: i. Subject to the City's approval and purchase of the appropriate technology applications, implement parking management software that has capabilities such as providing automated citation management tools and the flexibility to change parking rates based upon capacity levels. ii. Managing parking rates throughout the day and adjusting based upon demand with the technology approved by the city in each annually approved budget. A-1 iii. Developing cooperative marketing opportunities between downtown businesses and parking. iv. Parking enforcement. v. Marketing and public relations. vi. Citation management. vii. Resolution of customer-service issues and/or complaints. viii. Coordination on parking matters with local businesses. ix. Event parking planning. x. Provide parking data, analysis, and recommendations regarding rates, parking design, expansion of parking system, traffic flow and control, wayfinding, marketing, and otherwise assist the City in realizing the potential for the parking system. D. Parking Enforcement i. Manage enforcement of parking regulations in City-owned metered parking spaces in a fair, professional and friendly manner. Enforcement activities will include electronic ticketing and may in the future include arranging for towing or immobilization of vehicles. ii. Maintain records of citations, including photographic evidence of infractions that involve parking outside of the marked space, parking illegally, or other violations, and provide that documentation quickly to the City for use in dealing with complaints. iii. Issue citations for vehicles improperly parked in the public right of way and in private handicapped spaces. iv. Provide friendly guidance to parkers on how to operate the pay stations and on parking regulations. v. Provide documentation for, attend, testify, and present evidence at hearings on appeals of parking tickets. vi. At a minimum of one time per month, analyze data from pay stations, citation management systems, and pay by phone, and make recommendations to the City, based on that analysis, of changes to parking policies and practices, of enforcement hours, and changes that would improve the parking system. vii. Establish designated patrol routes for enforcement officers. viii. Respond to requests from the City to suspend or emphasize enforcement along certain streets or in certain areas. Ensure adequate staffing to meet the management and enforcement needs of the City's parking system. ix. While on patrol, Contractor's employees shall remove visible litter in the parking areas, or inform the Chief Parking Officer if the volume or problem exceeds their ability to collect it. NOTE: The City Finance Department accepts funds for the payment of tickets and sale of parking permits. Contractor is not required to provide cashier services. The City reserves the right to temporarily suspend enforcement along any street, or in any zone according to the needs of the City. The City will make A-2 every effort to provide Contractor adequate notice concerning the location and duration of any such suspension or higher level of enforcement. E. General Services required i. Assist and consult with the City as necessary in the design of parking facilities or modification to parking rates and policies. ii. At least annually as part of the City budget process, evaluate the parking rates and provide recommendations for rate changes to the City. iii. Work with City businesses as needed to assess how well public parking is accommodating their needs, and provide the Town with suggestions for improvement. iv. Be available to respond to City when needed and attend group and or Commission meetings when asked by the City. v. Install and maintain parking equipment or arrange for City staff to install signage and parking meters. vi. Provide sufficient personnel to issue parking citations at a level of enforcement appropriate for the City. vii. Provide operational and customer training for all enforcement personnel to include a training manual and employee course completion certification as verification. viii. Provide customer services associated with the City's parking system, including instruction to users on the operation of pay stations, direction to available parking, and explanation of parking regulations. ix. Provide weekly, monthly and annual reports as directed by the City. F. Parking - Special Requirements and Additional Services i. Enforce parking regulations during special events, and weather-related or other emergencies, and install and remove informational parking signage for such events. ii. Provide temporary signage to alert the public to special event and other temporary or permanent changes in the availability of parking spaces. iii. Arrange for towing or booting of illegally parked vehicles when specifically requested by City. iv. Change Contractor procedures as necessary to conform to revisions in the City Ordinances, parking regulations, policies and initiatives. v. Review City ordinances and develop an analysis if they are appropriately reinforcing and/or producing the desired outcome. vi. Provide the City with recommendations of Ordinances that may be negatively impacting the parking program. vii. Evaluate the areas of paid parking and provide recommendations for new paid parking areas to the City. viii. City shall approve the purchase of all vehicles with the goal to provide low- emission or no-emission, low-speed electric vehicles for enforcement. A-3 G. Parking Meters - Operations i. Program changes in rates into the pay stations as directed by the City to include managing parking rates throughout the day and adjusting based upon demand. ii. Immediately report any full, damaged, missing or malfunctioning meters or facilities to the appropriate supervisor or meter technician. iii. Keep a meter log of all complaints regarding meters. The log will note date, meter number, location, problem and name of the person calling in the problem, and the tag number of the car (if any). (The City's meter technician shall add the date the meter was checked, the nature of the problem and the date it was corrected.) iv. Upon request by the City, keep the pay stations supplied with paper for receipts to ensure there is no down time. v. Subject to the negligence or willful conduct of the Contractor, the Contractor will be liable for the replacement cost of any lost, stolen, unaccounted for or damaged parking system equipment that is the property of the City H. Parking Meter and Equipment Replacement i. The City reserves the right to replace any City meter with different equipment. Contractor agrees to work with the City to find the best prices for the equipment and lowest financing rate available and extend those prices without mark-up to the City. ii. Contractor will assist the City in installing new or replacement parking meters after new equipment has been installed by the manufacturer. iii. At such time the City chooses to procure its desired choice of meters and/or equipment, Contractor shall make a one-time contribution of $18,000 (the Equipment Credit) towards the purchase of such equipment. The Equipment Credit can be applied in whole or in part towards any invoice for said purchase of equipment. ln the event of any termination prior to the end of the initial three year term, the City shall refund Contractor the one-time contribution for any unamortized portion of the equipment provided during the term. I. Garage Maintenance i. Provide scheduled cleaning for the two parking garages as well as the Courthouse Garage. The cleaning will include a daily report of cleaning activities performed which shall include but not be limited to the following: ( 1) Empty of trash (2) Wipe down of all equipment (3) Cleaning of signage ( 4) Cleaning of staircase (5) Removal of spider webs (6) Removal of oil spills (7) Painting (8) Pressure washing A-4 (9) Replacement of broken tire stops (10) Reporting of elevator issues (11) Reporting Lighting outage (12) Equipment failure (13) Assist the City with preparing a procedure manual for such processes to include, but not limited to, managing oil spills and emergency response ( 14) Cleaning of Old School Square Parking Garage bathrooms. J.Collections of Parking Meter Monies and Accounting Upon request by the City, Contractor will be required to collect and account for parking meter monies and the following applies: i. Collect and account for all revenues from the parking meters. The collection of single space meters and pay stations are required to be at least weekly, and before a meter is 95% full to ensure no downtime. ii. Deposit such funds into an account designated specifically for parking operations in the name of the City which provides access to the Contractor to view and verify deposits. iii. Ensure proper accountability and internal control of all monies collected. iv. Provide all financial and operational reports as requested by the City. v. Should any monies collected by Contractor be lost, stolen, unaccounted for or otherwise removed from the custody and control of Contractor prior to City receiving such monies, Contractor shall deposit said amount of money within ninety-six hours of such loss, theft or removal. Should said loss, theft or removal be insured or otherwise secured by Contractor, any payments made to the City on account thereof shall, if applicable, be reimbursed to Contractor. Contractor will be liable for all mismanagement of funds by Contractor, its employees or agents. vi. City shall provide Contractor with its Merchant ID to process all debit and credit card transactions. K. Citation Management (Collections of Monies and Accounting} Contractor shall manage all aspects of the City's citation management system or Contractor may propose to provide citation management services. If Contractor provides citation management services the following shall apply: i. Contractor's citation management system shall meet all requirements of the Code of Ordinances. ii. Contractor shall be responsible for collecting payments on citations from the public outside of collection citation and permit payments per Section D. Such payments shall be deposited into an account designated specifically for parking operations in the name of the City which provides access to the Contractor to view and verify deposits. Contractor should make available to the customers a variety of payment options approved by the City, including but not limited to cash, check or credit card. Contractor shall also be responsible for processing payments it has received for City parking A-5 citations. City shall provide Contractor with its Merchant ID to process all credit card and debit card transactions. iii. Contractor shall provide detail accounting of monies collected for parking from City meters, website payments and lockbox (mail-in) payments. iv. Issue late notices for overdue payment of citations and provide follow-up collection in accordance with Florida Statute to include: (1) Out of State Collections (2) DMV Hold Requirement (3) Scofflaw requirements and procedures (should the City choose to tow or boot). v. Utilize automated technology such as license plate recognition (LPR) to issue citations and manage records of citations. L. Office Administration i. ln accordance with City Purchasing Ordinances, Contractor shall be responsible for purchasing all materials necessary to carry out all operational functions. These include but are not limited to paper tickets, ticket books, envelopes, uniforms, office equipment and supplies, and all other necessary equipment. ii. All purchases shall be accompanied by receipts. Contractor shall maintain records of equipment and supplies and provide accounting to City. All purchases submitted for reimbursable must have been acquired in accordance with City Purchasing Ordinances. M. Personnel Administration i. While on duty, parking enforcement personnel shall demonstrate high ethical standards of conduct and observe all written rules and regulations of Contractor concerning their work assignments. Contractor's written rules and regulations must be in accordance with City ethical and personnel conduct policies. ii. Administer a Florida Department of Law Enforcement criminal background check, 1 O-panel drug screening, and alcohol testing on all new employees and whenever there is reasonable suspicion or an incident in which an employee appears to be impaired, as allowable by Law. At Contractor's expense, Contractor shall conduct such background checks, drug screening, and alcohol testing and provide proof results to the City. Individuals with felony criminal charges, who are on the FBI Terrorist watch list, or who fail the drug or alcohol testing will not be approved to provide on-site services for the City. iii. Supervisors will maintain communications with on-duty field personnel to ensure oversight of parking enforcement activities. iv. At Contractor's expense, Contractor shall bond all personnel who handle City monies. v. Contractor shall ensure that all enforcement, cashier, and parking collection personnel wear uniforms and are neatly groomed while on duty. The uniform A-6 must be pre-approved by the City and shall display approved insignia or logo that clearly identifies the wearer as an employee of Contractor and being responsible for enforcing parking violations, managing parking facilities or servicing parking meters. The uniform shall include a nametag bearing the name of the personnel which shall be clearly visible and readable at all times. vi. All other employees of Contractor providing services to the City shall at all times be clearly identifiable by uniform, name badges, name tags, or identification cards. vii. Contractor shall employ persons who are fully certified, trained, and qualified with the skills and experience necessary to provide the services during the term of this Agreement. viii. Contractor's personnel assigned to provide services are employees of Contractor. Contractor is responsible for hiring, training, supervising of its personnel. ix. Contractor shall at all times ensure that its personnel serve the public in a courteous, helpful, and impartial manner. Correction of any inappropriate behavior or language shall be the responsibility of Contractor. x. The City, at its sole discretion, reserves the right to require Contractor to make staffing adjustments to meet demand, including the number of service hours per day. xi. Upon request by the City, Contractor shall remove any personnel from the provision of services to the City. xii. Contractor shall acknowledge the receipt of any public complaint or request for service to the individual making the complaint of request within one City business day outside the normal appeal process. xiii. Contractor shall provide an appropriate response to the individual making the complaint or request with three City business days from the date the communication was received. xiv.ln the event a complaint or communication is received alleging an employee of Contractor was discourteous, belligerent, profane, or in any way intimidating, either physically or verbally, Contractor shall submit a written report to the Chief Parking Manager within seven calendar days of the date of the report, outlining the complete details of the incident. The report will include the nature of the incident, time, date, location, name, address, and telephone number of the Individual making the allegation. The report will also include the name and title of the employee and the nature of the corrective action was taken. All such records shall be retained during the term of this Agreement and made available to the City upon request. N. Training and Customer Service i. Contractor shall employ personnel that exhibit a friendly, helpful, customer- oriented image at all times while on duty. ii. Provide customer service training to all personnel that is in accordance with industry best practices. The training must be pre-approved by the City. A-7 iii. Provide training to all personnel so they are equipped with general information about the City and can assist visitors. iv. ln accordance with the City's customer service principles, respond to public inquiries about the parking enforcement services, ticketing and enforcement, or any other related concerns. v. Assist the City with public outreach and marketing regarding the parking program, rules and regulations. O. Safety i. Contractor shall execute practices and strategies to promote the safety and security of personnel and property. ii. Contractor shall provide training to all personnel in applicable safety precautions and safety devices required for the provision of services. P. City's Rights and Responsibilities i. The City may adjust the geographic locations and any other criteria for enforcement activities at its sole discretion. ii. The City, at its sole discretion, shall define the hours of enforcement. iii. Equipment and supplies paid for by City, or for which the City reimburses Contractor, shall become property of City. iv. The City, at its sole discretion, reserves the right to adjust the number of parking meters and spaces at any time during the Agreement. v. The City will provide an office for Contractor to be utilized for the provision of services including the services of subcontractors, if applicable. The office will be located in the Old School garage. Contractor must provide the City with an accessible means to communicate and coordinate with its on-site management and supervisory staff. Q. Reimbursable Operating Expenses The City will reimburse Contractor for all approved expenses as determined by the City and outlined in the approved annual budget as set forth in Exhibit D. Contractor shall submit a monthly expense report and include supporting documentation for expenses. The City will reimburse actual expenses with no surcharges. Requests for reimbursement of approved expenses must accompany each monthly invoice for services. R. Annual Budget Process By March 31st of each year, Contractor shall submit a detailed budget in the format requested by the City outlining all anticipated expenses and revenue for the following fiscal year. For budget preparation and reporting purposes, the Proposer shall follow the City's fiscal year, which starts October 1 and ends September 30. A-8 S. Parking System The parking management system should include the following: i. Provides data for decision-making including real-time status and historical data. ii. Real-time parking enforcement App that reports violations. (The remainder of this page is intentionally left blank.) A-9 EXHIBIT B CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS RFP No. 2016-107 Project Title: Comprehensive Parking Management Services The undersigned CONTRACTOR hereby swears under penalty of perjury that: 1. CONTRACTOR has paid all subcontractors and suppliers all undisputed contract obligations for labor, services, or materials provided on this project in accordance with Section 4.2.3 of the Agreement, except as provided in paragraph 2 below. 2. The following subcontractors and suppliers have not been paid because of disputed contractual obligations; a copy of the notification sent to each, explaining in reasonably specific detail the good cause why payment has not been made, is attached to this form: Subcontractor or Supplier's name and address Date of disputed Amount in invoice dispute 3. The undersigned is authorized to execute this Certification on behalf of CONTRACTOR. Dated , 20_ Contractor By~~~~~~~~~~~~~- (Signature) By~~~~~~~~~~~~~- (Name and Title) B-1 CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS (Continued) STATE OF COUNTY OF ) ) SS. ) The foregoing instrument was acknowledged before me this day of ________ , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20 . (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) Typed, printed, or stamped (Title or rank) My commission expires: (Serial number, if any) B-2 EXHIBIT C INSURANCE REQUIREMENTS Contractor shall submit to the Purchasing Department and receive approval of insurance certificates within 1 O days of final execution of the Agreement. Contractor shall carry the following minimum types of insurance: A. Workers' Compensation Insurance: with the statutory limits. B. Employers' Liability insurance with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C. Comprehensive General Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The Comprehensive General Liability insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage's for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and Contractual Exclusions removed. D. Automobile Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence. E. Commercial Crime Liability: with limits of not less than one million ($1,000,000) dollars per occurrence. All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (e) have a Best's rating of A- or better. All insurance policies shall name the City of Delray Beach as an additional insured. Contractor agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Purchasing Department located at 100 N.W. 151 Ave., Delray Beach, FL 33444. C-1 EXHIBIT D FEE SCHEDULE INCLUDING ANNUAL MANAGEMENT FEE AND REIMBURSABLE EXPENSES The following fees and expenses shall be all inclusive to provide comprehensive parking management services in accordance with the requirements set forth in this Agreement. l. ANNUAL MANAGEMENT FEE a. The City shall pay Contractor an Annual Management Fee of $30,000. This fee shall remain firm for the initial three-year term of the Agreement. b. This flat fee represents the costs associated with the following services including but not limited to: • Administration and management services such as payroll, accounting, and developing annual budget • Parking consulting services, which includes providing parking data, analysis and recommendations to the City in the following areas: o Parking designs o Expansion of parking system o Traffic flow and control o Bikeway planning and design o Wayfinding signage o Assist the City in realizing the potential for the parking system o Marketing and public relations services including developing cooperative marketing opportunities between downtown business and parking. c. On the first day following the end of the initial term of the Agreement and on the first day of each renewal term thereafter, the City may, in its sole discretion, increase the Annual Management Fee for the forthcoming year. The percentage increase in the annual Management Fee if any, shall be based on performance and shall not exceed the lesser of (i) three percent (3%) per annum, or (ii) the percentage increase in the Bureau of Labor Statistics ECI, Management, professional and related occupations Series ID CIU201S000100000A in most recent 12 month period. Written notice of any such increase shall be given to the City not less than sixty (60) calendar days prior to the renewal term for which an increase is sought. D-1 li. REIMBURSABLE COSTS AND EXPENSES The Reimbursable Costs and Expenses shall mean all preapproved budgeted operating expenses incurred by the Contractor in the performance of the Scope of Services. Reimbursable expense are separate from, and in addition, to the Annual Management Fee. A. Equipment Costs 1. Equipment Costs shall mean all equipment used by Contractor that is reasonably necessary to perform the Scope of Services described in Exhibit A. Such items shall include, but not be limited to: • License plate recognition equipment including software and related licenses • Parking collections equipment, including bill counter and coin sorter • Parking enforcement vehicles, handheld enforcement devices, and parking boots • Garage maintenance equipment • Any additional equipment approved 2. Contractor shall be responsible for purchasing, installing, and upgrading equipment as required. 3. For equipment purchased in the first year of the Agreement, the City shall pay the total cost of the purchase, including taxes and shipping, in an amount not to exceed One Hundred and Twenty Five Thousand ($125,000) amortized over a 36- month period at an interest rate of 6.99 percent, with such payment not to exceed Three Thousand Eight Hundred and Fifty Nine dollars and Seventeen cents ($3,859.17) per month. For equipment purchased in the second and third year of the term payment . schedule, the City, at its sole discretion, shall pay Contractor the total cost in a one-time payment or in an amount amortized to the end of the initial term of the contract. 4. All Equipment purchased by Contractor to perform the Scope of Services shall become property of the City upon termination of this Agreement or any extensions thereto. Upon termination of this Agreement and upon City's full payment of the equipment, Contractor shall deliver a bill of sale conveying absolute ownership of the equipment to the City, free and clear of all liens and encumbrances. B. Operating Costs and Expenses 1. Operating Costs and Expenses shall mean the ordinary direct operating expenses to perform the Scope of Services, with the exception of Equipment Costs, and shall not exceed Five Hundred and Eighty Thousand Dollars ($580,000) per year. 2. Within thirty (30) Calendar days after the Commencement date, the Contractor shall prepare and submit to the City an operating budget for the first partial D-2 year of the contract using a form approved by the City. Thereafter, and in accordance with the City budget schedule and Section R of the Scope of Services, the Contractor shall prepare and submit to the City an annual operating budget for the each of the following fiscal years (October 1 to September 30) using a form approved by the City. This budget shall be approved by the City Commission as a line item in the City's annual budget. 3. The City may, in its sole discretion, deny reimbursement of any purchases that are not included in the annual operating budget approved by the City or that have not been otherwise approved by the City prior to purchase as provided in this Agreement. 4. Annual operating budget may be increased or decreased by the City but only if and to the extent that the City, in its sole discretion, deems such revisions necessary and appropriate under this Agreement. (The remainder of this page is intentionally left blank.) D-3 EXHIBIT E After completion of the first full fiscal year of the Agreement, the Contractor may earn additional financial compensation on its performance of the Agreement ("Performance Bonus"). The Performance Bonus shall be based on the Contractor's performance in the preceding full fiscal year and shall not exceed Five Thousand Dollars ($5000) per year. 1. Performance Measures The Performance Bonus amount shall be based on the results of an annual evaluation performed by the City Manager or his or her designee, and shall be based on the following performance measures: a) Collection Rate: This performance measure calculates the percentage of monies collected from parking citations within 90 days of citation issuance. b) Gross Revenue: This performance measure is based on the percentage of the actual gross revenue collected compared to the gross revenue projected in the annual budget for the prior fiscal year. e) Annual Survey: This performance measure is based on the percentage of maximum points Contractor scores on the comprehensive audit from the preceding fiscal year. This audit is conducted by the Lanier Parking independent audit group ("the Annual operational audit") and reviews the following factors: l. Revenue Reporting li. Cash Security and Equipment lii. Record and Administration 2. Scoring The Performance Bonus for each performance measure will be determined by applying a percentage to the available award for the respective measure. The Chart below sets out the performance target ("Range") compared to the percentage of bonus ("%") and correlating monetary amount ("value"). E-1 Bonus Value $ 5,000 Collection Rate Range % Value up to 49% 18 333% S 916 65 50-54 9% 23 333% S 1 166.65 55-59 9% 28.333% S 1 416 65 >60% 33.333% S 1 666 65 Gross Revenue Range % Value 10-14.9% of Forecast 18.333% s 916 65 15-19 9% 23.333% S 1.166 65 20-24 9% 28 333% S 1 416 65 >25% 33.333% S 1.666 65 Annual Survey Range % Value >15% 18 333% S 916 65 10-14 9% 23.333% S 1.166 65 5.01-9 99% 28 333% S 1.416 65 5% or less 33 333% S 1 666 65 Maximum Bonus Level 1 55% s 2 750 Level 2 70% s 3.500 Level 3 85% s 4.250 Level 4 100% s 5.000 3. Performance Report The Contractor shall submit a Performance Report and supporting documentation to the City Manager, or his or her designee, forty-five (45) calendar days after the end of the fiscal year. The City Manager, or his or her designee, shall review the Performance Report and provide its scoring and comments within thirty (30) days of receiving the report. E-2 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-386,Version:1 TO: Mayor and Commissioners FROM:Timothy R. Stillings, Director of Planning, Zoning and Building THROUGH: Neal de Jesus, Interim City Manager DATE:May 16, 2017 REQUEST FOR A WAIVER TO LDR SECTION 4.6.7(E)(7) TO ALLOW A FLAT WALL SIGN ON THE EAST ELEVATION WHICH DOES NOT FACE A DEDICATED STREET FRONTAGE FOR ROK BRGR LOCATED AT 4 E. ATLANTIC AVENUE. (QUASI-JUDICIAL HEARING) Recommended Action: Motion to Approve the waiver request to LDR Section 4.6.7(E)(7)for ROK BRGR located at 4 E. Atlantic Avenue, as presented. Background: On April 5,2017,the Historic Preservation Board (HPB)approved an amendment to the Blanket Sign Program for tenant signage for "ROK BRGR".The signage that was approved is on the north elevation and is grey painted letters with red internally illuminated reverse channel letter that reads “ROK BRGR”and is 31"by 7'8"for a total of 19.76 sq.ft.The proposed sign on the east elevation is not allowed by code as it does not face a dedicated street frontage.The proposed sign is internally illuminated channel letters that reads “ROK BRGR”with the rest of the words “Craft Beer”,“Burgers”, and “GastroPub” painted white and is 11” by 32’8” for a total of 29.6 sq. ft. Per LDR Section 4.6.7 (E)(7)Design Standard Matrix;one wall sign per business facing a dedicated street frontage is allowed;therefore requiring a waiver for the proposed east elevation sign.Pursuant to LDR Section 2.4.7(B)(5),prior to granting a waiver,the approving body shall make a finding that the granting of the waiver: (a)Shall not adversely affect the neighboring area; (b)Shall not significantly diminish the provision of public facilities; (c)Shall not create an unsafe situation; and, (d)Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The granting of this waiver will not adversely affect the neighboring area,diminish the provision of public facilities nor create an unsafe situation.The applicant states that the “red”color and design is part of their corporate branding.The sign will enhance the building and compliment the proposed City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-386,Version:1 part of their corporate branding.The sign will enhance the building and compliment the proposed signage on the north elevation.The sign would not be considered a special privilege in the similar signage has been approved for other businesses in Delray Beach as recently as Delray Boxing and Burger King. At its meeting of April 5,2017,the Historic Preservation Board approved with (5-0 with Bill Bathurst and John Klein absent), the recommendation to the City Commission regarding this waiver request. City Attorney Review: Approved as to form and legal sufficincy. Finance Department Review: N/A Funding Source: N/A Timing of Request: There are outstanding code violations for work without a permit for the signs. This action is necessary to bring the building into compliance. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 5, 2017 ITEM: Rok Brgr (2017-073 and 074) Item before the Board is approval of a Certificate of Appropriateness (COA) for an amendment to an existing Blanket Sign Program on a building located at 4 E. Atlantic Avenue (Rok Brgr) and a recommendation to the City Commission regarding a waiver request to LDR section 4.6.7(E)(7) Design Standard Matrix a wall sign not facing a dedicated street frontage. RECOMMENDATION: Approval GENERAL DATA: Applicant........................ Art Signs Owner/Agent…………… Marc Falsetto Location......................... SE corner of Swinton Avenue and Atlantic Avenue Property Size................. 0.1483 Acres Future Land Use Map.... OMU (Other Mixed Use) **Insert Location Map Current Zoning………… (OSSHAD) Old School Square Arts District Adjacent Zoning....North: (OSSHAD) East: (OSSHAD) South: (OSSHAD) West: CBD (Central Business District) ITEM BEFORE THE BOARD The action before the Board is approval of a Certificate of Appropriateness (COA) for an amendment to an existing Blanket Sign Program on a building located at 4 E. Atlantic Avenue (Rok Brgr) Individually Designated, pursuant to Land Development Regulations (LDR) Section 2.4.6(H) and a recommendation to the City Commission regarding a waiver request to LDR section 4.6.7(E)(7) Design Standard Matrix a wall sign not facing a dedicated street frontage. BACKGROUND & PROJECT DESCRIPTION The subject property consists of Lot 6, Block 69, Town of Delray. The site is zoned Old School Square Historic Arts District (OSSHAD) and contains a masonry vernacular style building which is considered a contributing building within the Old School Square Historic District. Constructed in 1910 by the Rhoden family, early Delray pioneers, the building served as a general store and grocery store while the family lived in the apartment above. It is the oldest remaining, contributing building on Atlantic Avenue. Over the years there have been numerous modifications to the building including rehabilitation of the structure to comply with the Delray Beach Design Guidelines and the Secretary of the Interior’s Standards for Rehabilitation. The current proposal relates to the portion of the building formerly occupied by Tryst. In 1988, a blanket sign program was approved for four flat wall signs in rust brown, background ivory border 7’ 11” in length and 2’ heigh as this is a multi-tenant building which consists of Rok BRG, Bull Bar, Jimmy’s Bistro, and retail. Any deviation from the established Blanket Sign Program must result from action by the Historic Preservation Board. In 2000, Historic Preservation Board approved a Certificate of Appropriateness (COA) for a sign for the tenant Safari Steakhouse and again in 2004, for a sign for the tenant Sol Kitchen. Attached is the current request to amend the Blanket Sign Program and the justification for the sign waiver. The request on the north elevation is grey painted letters with red internally illuminated reverse channel letter that reads “ROK BRGR” The sign is 2’58” high by 7’66” wide for a total of 19’76” sq. ft. The west elevation consists of internally illuminated channel letters that reads “ROK BRGR” with the rest of the words “Craft Beer” “Burgers” “GastroPub” painted white. The sign is 11” high by 32’6” long for a total of 29’6” sq. ft. ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation. Future Land Use Element Objective A-4: The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City’s Historic Preservation Ordinance and the following policies: Policy A-4.1: Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions 4 E. Atlantic Avenue (2017 – 73, 74) HPB Meeting; Page 2 of 4 of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the “Delray Beach Historic Preservation Design Guidelines.” In addition to the above, the request also requires compliance with the regulations pertaining to signage. These regulations have been included within the discussion and analysis below regarding visual compatibility. LDR Section 4.6.7(D) Aesthetic Qualifications: (1) Applicability: The following subsection describes basic aesthetic qualifications which apply to signs. (2) Basis: The aesthetic quality of a building, or the entire neighborhood, is materially affected by achieving visual harmony of the sign on or about a structure as it relates to the architecture of the building or the adjacent surroundings. In addition, to the limitations on signs imposed on Subsections (E) and (K), the following aesthetic considerations must be met. a. Garishness: The overall effect of lettering, configuration or color of a sign shall not be garish. “Garish” signs are those that are too bright or gaudy, showy, glaring, and or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and are not compatible with the building or adjacent surroundings. b. Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale be considered in terms of Subsection (E)(2) with respect to height and area. c. Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. STAFF COMMENT: Although the proposed signage does not meet the criteria of the current Blanket Sign Program, the proposed signage is not garish nor is it gaudy. It is in in harmony with the scale of the building and its surrounding area and is aesthetically pleasing to the neighborhood. The current blanket sign program is outdated and the owner of the building should consider an update to the entire program to meet the needs of the tenants in the future. Therefore, positive findings, can be made with respect to the subject LDR Section 4.6.7(D). Pursuant to LDR Section 4.6.7(F)(2)(a), Blanket Sign Program, a Blanket Sign Program may be required for a commercial property establishing the font, color, size and location of signs on a multiple tenant building. A Blanket Sign Program shall be approved by the Historic Preservation Board if the project is in the historic district or a historically designated site. After approval of a Blanket Sign Program individual signs consistent therewith shall be administratively approved. STAFF COMMENT: The proposed sign does not meet the current Blanket Sign Program as it requires unified signage, with specific finishes, fonts, sizes, and colors. As stated above, the Blanket Sign Program is outdated, and it might be in the best interest of the owner of the building to update the Program to accommodate any future tenants as this building is a multi-tenant building with several restaurants, commercial use and office space upstairs. Pursuant to LDR Section 4.6.7 (E)(7), Design Standard Matrix, the following matrix sets forth the standards for various types of signs when located in various zoning districts or defined by use. Per LDR Section 4.4.24(F), the following locations shall be subject to the development standards of the Commercial Core (CC) within CBD zoning District, excluding exceptions to the height limitations provided in Section 4.3.4(J)(4):(a) Lots 1-7, Lots 16-18 and 19-24 Block 69. In the 4 E. Atlantic Avenue (2017 – 73, 74) HPB Meeting; Page 3 of 4 Central Business District (CBD) one wall sign per business facing a dedicated street frontage is allowed. The applicant has applied for signage interior to the restaurant space, therefore requiring a waiver to LDR section 4.6.7(E)(7). Pursuant to LDR Section 2.4.7(B)(5), Waivers: Findings, the granting body shall make findings that, (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided a justification for the waiver in the attached letter. The granting of this waiver will not adversely affect the neighboring area, diminish the provision of public facilities and is not creating an unsafe situation. The signage is complimentary to the building and coordinates with the signage on the north elevation. Several waivers have been granted for wall signs not facing dedicated street frontage such as Chase Bank, Burger King and Delray Boxing. LDR Sections 4.5.1(E)(5) and 4.5.1(E)(8) provide guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable guidelines are as follows: Pursuant to LDR Section 4.5.1(E)(4), a historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. STAFF COMMENT: No direct reference is made to signage affecting historic structures, sites, or districts; however, there is specific intent to project the importance of preserving “character-defining” and distinctive features, and discussing scale and compatibility within historic districts such as the following Standard: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) The intent of this Standard has been met as the integrity of the historic building will not be compromised. Therefore, positive findings can be made, subject to the recommended revisions. ALTERNATIVE ACTIONS Amend Blanket Sign Program A. Continue with direction. 4 E. Atlantic Avenue (2017 – 73, 74) HPB Meeting; Page 4 of 4 B. Move approval of the Certificate of Appropriateness (2017-73,74) to amend the Blanket Sign Program and the recommendation to the City Commission regarding a waiver request to LDR Section 4.6.7(E)(7), Design Standard Matrix, to allow a wall sign to face the west elevation (interior to the site) for 4 E. Atlantic Avenue (ROK BRGR), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.6(H)(5) and the Secretary of the Interior’s Standards for Rehabilitation. C. Move denial of the Certificate of Appropriateness (2017-73,74) to amend the Blanket Sign Program and to the City Commission regarding waiver request to LDR Section 4.6.7(E)(7), Design Standard Matrix, to allow a wall signs to face the west elevation (interior to the site) for 4 E. Atlantic Avenue (ROK BRGR), by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in LDR Section 2.4.6(H)(5), and the Secretary of the Interior’s Standards for Rehabilitation (motion to be made in the affirmative). RECOMMENDATION Move approval of the Certificate of Appropriateness (2017-73,74) to amend the Blanket Sign Program for 4 E. Atlantic Avenue (ROK BRGR), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations and the Secretary of the Interior’s Standards for Rehabilitation. Move approval of the recommendation to the City Commission regarding waiver request to LDR Section 4.6.7(E)(7), Design Standard Matrix, to allow a wall sign to face the west elevation (interior to the site) located at 4 E. Atlantic Avenue (ROK BRGR) based upon positive findings, pursuant LDR Section 2.4.7(B)(5). Report Prepared by: Jennifer Buce, Assistant Planner Attached: Sign Design Justification Letter NE 1st St S E 1 s t A v e SE 1st St N E 1 s t A v e S E 2 n d A v e S W 1 s t A v e N W 1 s t A v e N E 2 n d A v e S W 2 n d A v e S S w i n t o n A v e R a i l r o a d A v e N S w i n t o n A v e E Atlantic Ave SW 1st St W Atlantic Ave N E 3 r d A v e N W 2 n d A v e NW 1s t St N Co da Cir W C o d a C i r P u g l i e s e s W a y E C o d a C i r S Cod a Cir S E 3 r d A v e PLANNING & ZONINGDEPARTMENT 4 East Atlantic Avenue LOCATION MAP Subject Prop ertyN Docu ment Path: S:\Planning & Zoning\DBMS\G IS\Proje ct Maps\Location Maps\4 E. Atlantic Ave nue.mxd IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR ROK BRGR, 4 E. Atlantic Avenue 1.This waiver request came before the City Commission on May 16, 2017. 2.The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for ROK BRGR. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I. I.WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a)Shall not adversely affect the neighboring area; (b)Shall not significantly diminish the provision of public facilities; (c)Shall not create an unsafe situation; and, (d)Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A.Waiver to LDR Section 4.6.7(E)(7) Pursuant to LDR Section 4.6.7(E)(7), Design Standard Matrix, is subject to the following standard one wall sign facing a dedicated street frontage is permitted. The applicant is requesting a wall sign on the east elevation which faces interior to an outdoor patio. 1. Should the waiver to Section 4.6.7(E)(7) to allow a wall sign to face interior to an outdoor patio granted? Yes ______No _______ 3.The City Commission has applied the Comprehensive Plan, and LDR requirements in existence at the time the original development application was submitted 2 and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4.The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5.Based on the entire record before it, the City Commission approves _____ denies _____ this waiver request. 6.Based on the entire record before it, the City Commission hereby adopts this Order this 16th day of May, 2017, by a vote of ____in favor and ____ opposed. ________________________________ ATTEST:Cary D. Glickstein, Mayor ________________________________ Kimberly Wynn, Acting City Clerk Approved as to legal form And sufficiency: ________________________________ City Attorney Department Head: ________________________________ Timothy Stillings, Director of Planning & Zoning City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-455,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: May 16, 2017 RESOLUTION NO. 43-17 DECLARING THE CITY COMMISSION TO BE THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH Recommended Action: Motion to approve Resolution No. 43-17. Background: On May 2,2017,the City Commission directed the City Attorney to draft a resolution replacing the current Board of the Community Redevelopment Agency with the City Commission. Pursuant to Florida Statutes Section 163.357,the governing body of a municipality may,at any time by adoption of a resolution,declare itself to be the Community Redevelopment Agency.This section further provides that the Community Redevelopment Agency shall remain a legal entity separate, distinct, and independent of the municipality. Accordingly,the attached resolution declares the City Commission to be the Community Redevelopment Agency of the City of Delray Beach. City Attorney Review: City Attorney recommends approval. Finance Department Review: N/A Funding Source: N/A City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™ RESOLUTION NO. 43-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE CITY COMMISSION TO BE THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH, FLORIDA; REPEALING ALL PRIOR RESOLUTIONS WHICH ARE IN CONFLICT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, (now codified in the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, as Article 8.1) did create a Community Redevelopment Agency (“CRA’) as provided in Florida Statutes Section 163.356; and WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County, Florida, passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and WHEREAS, pursuant to Section 163.357 Florida Statutes, the governing body of a municipality may, at any time, by adoption of a resolution, declare itself to be the Community Redevelopment Agency conferring upon it all the rights, powers, duties, privileges and amenities of the Community Redevelopment Agency; and WHEREAS, upon adoption of such Resolution, the members of the governing body shall be members of the Community Redevelopment Agency; however, such members shall constitute the head of a legal entity separate, distinct and independent of the governing body of the municipality; and WHEREAS, the City Commission of the City of Delray Beach has determined that it is in the best interest of the City of Delray Beach for the City Commission, as the governing body, to declare itself to be the Community Redevelopment Agency for the City of Delray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.The City Commission of the City of Delray Beach does hereby declare itself to be the Community Redevelopment Agency for the City of Delray Beach pursuant to the provisions of Section 163.357, Florida Statutes. 2 RES. NO. 43-17 Section 2.The City Commission of the City of Delray Beach does hereby reserve the right, pursuant to Section 163.357 Florida Statutes, to appoint two (2) additional members to act as members of the Community Redevelopment Agency. Pursuant to statute, the first person appointed shall initially serve a term of two (2) years and the second person shall serve a period of four (4) years. Thereafter all terms shall be for four (4) years. Section 3.The City Commissions of the City of Delray Beach reserves the right to create advisory boards for the Community Redevelopment Agency. Section 4. This Resolution hereby supersedes and repeals all resolutions, or parts thereof, in conflict with this Resolution to the extent of such conflict. Section 5.It is the intent of this Resolution to comply with the requirements of all applicable law and constitutional requirements. If any provision or portion of this Resolution is declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then such provision or portion shall be deemed null and void, but all remaining provisions and portions of this Resolution shall remain in full force and effect. Section 6.This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 16 th day of May, 2017. Cary Glickstein, Mayor ATTEST: __________________________ Kimberly Wynn, Acting City Clerk City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-406,Version:1 TO: Mayor and Commissioners FROM:Timothy Stillings, Planning, Zoning and Building Director THROUGH: Neal de Jesus, Interim City Manager DATE: May 16, 2017 ORDINANCE NO.07-17:AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES;BY AMENDING SECTION 4.3.3,“SPECIAL REQUIREMENTS FOR SPECIFIC USES”,BY REPEALING PARAGRAPH (D),“COMMUNITY GARDENS”IN ITS ENTIRETY AND ENACTING A NEW SECTION (D)ENTITLED,“URBAN AGRICULTURE”; AMENDING ARTICLE 4.4 TO REMOVE COMMUNITY GARDENS AND TO ALLOW URBAN AGRICULTURE IN CERTAIN ZONING DISTRICTS;AMENDING APPENDIX A “DEFINITIONS” TO PROVIDE FOR RELATED DEFINITIONS AND PROVIDE SPECIFIC DESIGN AND REVIEW CRITERIA,PARKING REQUIREMENTS,AND TO ADD URBAN AGRICULTURE AS AN ALLOWABLE OUTSIDE USE. (SECOND READING). Recommended Action: Motion to Approve Ordinance No.07-17 on Second Reading for the amendments to Land Development Regulations as specified in attached Ordinance No. 07-17, as presented. Background: The item before the City Commission is to consider City-initiated amendments to LDR Section 4.3.3,“Special Requirements for Specific Uses”,by repealing paragraph (D),“Community Gardens”in its entirety and enacting a new section (D)entitled,“Urban Agriculture”;amending Article 4.4 to remove “Community Gardens”and to allow “Urban Agriculture”in certain zoning districts;amending Appendix A “Definitions”to provide for related definitions,to provide specific design and review criteria,parking requirements,and to add Urban Agriculture as an allowable outside use. On June 7,2011,the City Commission adopted Ordinance No.12-11,which introduced the use of “community gardens”within specified zoning districts as a principal and accessory use subject to certain regulations.The ordinance was intended to provide for the implementation of community gardens whereby a group of residents could grow their produce and horticultural plants for their own consumption without creating adverse environmental impacts or land use incompatibilities. Subsequent to the adoption of Ordinance No.12-11,several concerns have been raised with respect to the restrictions of the current Ordinance,which has resulted in a lack interest in establishing community gardens.The restrictions that were found to be most burdensome are:(i) that they are only allowed in some residential zoning districts;(ii)the sale of produce grown on- site is not allowed;(iii)evening community gatherings are not allowed;(iv)the cost of establishing water service;(v)the requirement to install a drive-through gate to accommodate trucks;(vi)the City of Delray Beach Printed on 5/8/2017Page 1 of 4 powered by Legistar™ File #:17-406,Version:1 water service;(v)the requirement to install a drive-through gate to accommodate trucks;(vi)the prohibition on bee keeping,and (vii)currently,gardens cannot be greater that one standard lot and lots cannot be combined. Additionally,the ordinance did not address the emerging practice of urban farming,a rather new form of commercial agriculture that addresses local food production in urbanized areas. The Green Implementation Advancement Board (GIAB)has put forward several recommendations to encourage and expand community gardening and urban agriculture through innovative food production and the creation of a sustainable local food supply. The proposed amendments seek to encourage community gardens within the City of Delray Beach by removing them from the Land Development Regulations (LDRs)and making them a program that will be coordinated by city staff and the GIAB,while adding Urban Agriculture to the LDRs as a land use within the City. The Community Garden program will establish Garden Policy Guidelines to be adopted by the City Commission via Resolution.The Garden Policy Guidelines will establish firm expectations on design,operations,maintenance and monitoring of the community gardens.The Community Garden Program is based on a model of community-self governance that requires garden organizers to develop and adopt a formal garden management plan.The garden management plan identifies not simply the garden design,but also responsibilities for operation and maintenance. City Commission consideration of the Community Gardens Policy is scheduled to occur concurrent with the adoption of this ordinance.The Community Gardens Policy is in legal review and a copy of the draft policy is attached. The proposed ordinance enacts Urban Agriculture as a new land use to promote local production of food crops,non-food ornamental crops,such as flowers,and to promote the health, environmental,and economic benefits of having such uses in the City.Urban Agriculture includes rooftop gardens,productive green walls,indoor farm facilities,outdoor urban farms,and other innovative production methods that maximize production in an urban area. The ordinance proposes to add Urban Agriculture as a principal (permitted)and/or accessory use within the following zoning districts: Agricultural (A) Rural Residential (RR) General Commercial (GC) Neighborhood Commercial (NC) Planned Commercial (PC) Mixed Industrial and Commercial (MIC) Industrial (I) Community Facilities (CF) Old School Square Historic Arts District (OSSHAD) Light Industrial (LI) City of Delray Beach Printed on 5/8/2017Page 2 of 4 powered by Legistar™ File #:17-406,Version:1 Mixed Residential, Office and Commercial (MROC) Within the Central Business District (CBD),Urban Agriculture (excluding outdoor urban farms)is listed as a principal (permitted) use. Outdoor urban farms are listed as a conditional use. The proposed ordinance establishes regulations with respect to the following: Appearance:By requiring properties involved in such uses to be maintained so that they do not become overgrown with weeds,infested by invasive exotic plants or vermin,or a source of erosion due to storm water runoff;and requires the Urban Agriculture sites to be restored if the property is determined to be abandoned. General Rules and Regulations:The ordinance establishes general rules for operation such as: the prohibition of all forms of animal husbandry;requirements to register Honeybee colonies with the Florida Department of Agriculture and Consumer Services in accordance with Rule:5B- 54.010,Florida Administrative Code;requiring the site to be designed and maintained so that the water used in the production of agricultural products,as well as compost and fertilizer,do not drain onto adjacent properties;and,restrictions limiting hours of operation from sunrise to before sunset (hours of operation will not be limited for indoor farming activities). Site Standards:These regulations specify the approval process for urban agriculture uses and outlines specific site design criteria pertaining to signage,lighting,drainage,setbacks and sight visibility. The complete outline of the proposed amendments is provided in the attached Planning and Zoning Board Staff Report. Review by Others The Pineapple Grove Main Street (PGMS)committee reviewed this item at their June 29,2016 meeting and acknowledged support of this amendment. The Downtown Development Authority (DDA)reviewed this item at their July 11,2016 and recommended approval. The Community Redevelopment Agency (CRA)reviewed this item at their July 14,2016 and was supportive of the proposed amendments. The Green Implementation Advisory Board (GIAB)reviewed this item at their July 21,2016 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC)reviewed this item at their September 1, 2016 meeting and voted to recommend unanimous approval of the text amendment. The Historic Preservation Board (HPB)reviewed this item at their December 7,2016 meeting. The Board voiced several concerns with the propose ordinance,namely,ensuring that the community gardens/urban farms are properly maintained;permitting the on-site sale of produce at a community garden;addressing specific requirements when an urban farm is accessory to an existing residential use;monitoring the use and run-off of pesticides;the height and size of City of Delray Beach Printed on 5/8/2017Page 3 of 4 powered by Legistar™ File #:17-406,Version:1 existing residential use;monitoring the use and run-off of pesticides;the height and size of permitted accessory structures,and utilizing the front yard of a residential lot for urban farming. The Board recommended approval on a 4 to 3 vote subject to the concerns and comments noted. Subsequent to the Historic Preservation Board meeting,the ordinance was revised to address the concerns noted by the Board. At its meeting of January 23,2017,the Planning and Zoning Board recommended approval of Ordinance No.07-17 on a vote of 4 to 0 (Joe Pike and Leslie Marcus absent)with the condition that the reference to discouraging pvc and other non-synthetic fencing materials be deleted.It is noted that the ordinance before the City Commission has been revised to reflect the standard ordinance format, as well as editorial changes. Attachments: ·Ordinance No. 07-17 ·Planning and Zoning Board Staff Report ·Draft Community Gardens Program ·Comparison of existing and proposed Community Garden Program City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: N/A City of Delray Beach Printed on 5/8/2017Page 4 of 4 powered by Legistar™ ORDINANCE NO. 07-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES”, BY REPEALING SUBSECTION (D), “COMMUNITY GARDENS”IN ITS ENTIRETY AND ENACTING A NEW SUBSECTION (D) ENTITLED,“URBAN AGRICULTURE”TO PROVIDE SPECIFIC DESIGN AND REVIEW CRITERIA FOR URBAN AGRICULTURE USES; BY AMENDING THE FOLLOWING SECTIONS TO REMOVE COMMUNITY GARDENS AS A PERMITTED USE: SECTION 4.4.3, “SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS”, SECTION 4.4.5, “LOW DENSITY RESIDENTIAL (RL) DISTRICT”, AND SECTION 4.4.6, “MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT”; AND BY AMENDING THE FOLLOWING SECTIONS TO ADD URBAN AGRICULTURE AS A PERMITTED USE: SECTION 4.4.1, “AGRICULTURE ZONE DISTRICT (A)”; SECTION 4.4.2, “RURAL RESIDENTIAL ZONE (RR) DISTRICT”; SECTION 4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT; SECTION 4.4.11, “NEIGHBORHOOD COMMERCIAL (NC)DISTRICT”; SECTION 4.4.12, “PLANNED COMMERCIAL (PC) DISTRICT”;SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, TABLE 4.4.13(A) ALLOWABLE USES IN THE CBD SUB-DISTRICTS”; SECTION 4.4.19, “MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT”; SECTION 4.4.20, “INDUSTRIAL (I) DISTRICT”; SECTION 4.4.21, “COMMUNITY FACILITIES (CF) DISTRICT”; SECTION 4.4.24, “OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) DISTRICT”, SECTION 4.4.26, “LIGHT INDUSTRIAL (LI) DISTRICT”; SECTION 4.4.29, “MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT”; AND BY AMENDING SECTION 4.6.6., “COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING” TO LIST URBAN AGRICULTURE AS AN ALLOWABLE OUTSIDE USE; BY AMENDING SECTION 4.6.9, “OFF-STREET PARKING REGULATIONS”AND SECTION 4.4.13 “CENTRAL BUSINESS (CBD) DISTRICT” TO ESTABLISH PARKING REQUIREMENTS FOR URBAN AGRICULTURE USES; BY AMENDING APPENDIX A “DEFINITIONS” TO PROVIDE FOR RELATED DEFINITIONS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; ORD. No. 07-17 2 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City of Delray Beach desires to promote local production of crops for local consumption and to promote the health, environmental, and economic benefits of having such uses in the City; and WHEREAS, the purpose and intent of this amendment is to encourage Community Gardens within the City of Delray Beach by removing them from the Land Development Regulations (LDRs) and making them a program that will be administered by City staff while adding Urban Agriculture to the LDRs as a land use within the City; and WHEREAS, Urban Agriculture includes urban farms, commercial rooftop gardens, community gardens, and other innovative food production methods in a small area; and WHEREAS, Urban Agriculture offers the possibility of growing food and plants closer to the location of consumption and thereby increasing access to fresh produce for residents and local businesses; and WHEREAS, Community Gardens promote the local production of food for use or consumption by the individuals directly involved; and WHEREAS, the City wants to make the process and oversight for Community Gardens more efficient and timely, while still providing rules and regulation to protect both the Community Garden and the neighboring properties; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on ________________, and voted _______________ to recommend that the changes be approved; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and ORD. No. 07-17 3 WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2.That Section 4.3.3, “Special Requirements for Specific Uses”, Paragraph (D), “Community Gardens”, shall hereby be repealed in its entirety and a new Subsection (D), “Urban Agriculture”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be enacted to read as follows: Section 4.3.3 Special Requirements for Specific Uses (D)Community Gardens (1)Purpose: It is the intent of this section to regulate Community Gardens which are green spaces that are communally cultivated and cared for. The intent of permitting community gardens is to allow a group of residents to grow produce and horticultural plants for their consumption and enjoyment without creating adverse environmental impact or land use incompatibilities. These spaces may consist of individually-worked plots, communally-tended areas and sitting areas. (2) Appearance: (a) All community gardens on single-family lots within Single-Family Residential, Low Density Residential, and Medium Density Residential zoning districts, shall require administrative plan approval through the Community Improvement Department. Community Gardens proposed on parcels other than single-family lots within Multiple Family Residential Zoning districts shall require site plan modification approval through the Planning and Zoning Department. The application shall require the property owners consent and the following items must be attached: layout of plots and other components proposed on the site of the community garden, setbacks from adjacent properties, identification of water supplies, established operating rules identifying the governance structure of the garden ORD. No. 07-17 4 and maintenance and security responsibilities; contact information for the person responsible for the oversight of the garden. (b) The owner of the property on which the garden is located shall be responsible for maintaining the property so that it does not become overgrown with weeds, infested by invasive exotic plants or vermin, or a source of erosion or storm water runoff. If the property is not used as a community garden for 120 or more consecutive days, the site shall be restored back to its pre-Community garden condition. (3) General Rules & Regulations: (a) A Community Garden is not intended to be a commercial enterprise. Sale of produce and plants at the site are prohibited. (b) The raising of poultry or other livestock, fish and the keeping of bees is prohibited. (c) The use of pesticides, herbicides and weed killers, or insecticides made from synthetic chemical materials and chemicals is prohibited. The use of materials and practices used for organic production (guidelines) is strongly encouraged. (d) The site shall be designed and maintained to prevent drainage or runoff onto adjacent property. (e) The community garden shall grow at least four (4) different food crops and/or non-food crops. No gardening activities shall take place before sunrise or after sunset. 50% or more of the planting area shall be in production at all times. (f) The property owner shall be prohibited from seeking an agricultural tax exemption afforded by the local, state or federal tax regulations. (4) Site Standards: (a) Community gardens are primarily intended to occupy infill lots in single family subdivisions, thus a garden shall not be greater in size than the standard lot within the neighborhood it is located. Multiple infill lots are not to be combined, nor developed with individual ORD. No. 07-17 5 gardens adjacent one another. For Multiple Family Residential zoning designations the proposed garden shall be appropriate with respect to size and scale to the development in which they are located and this will be determined during the site plan modification process. (b) All planting shall be planted no closer than 15 feet from the front property line and 10 feet from the interior side or rear property lines. Corner lots shall maintain a 15-foot side street setback. All plantings shall comply with the visibility at intersection requirements pursuant to applicable Land Development Regulations. (c) The Community garden shall be served by a water supply sufficient to support the cultivation practices used on the site. (d) A perimeter fence or hedge is required for all gardens. The fence or hedge shall comply with LDR Section 4.6.5 and must have a drivethrough gate to accommodate trucks and other equipment that may be used from time-to-time as a part of the gardening maintenance. Hedges are encouraged and may consist of drought- tolerant shrubs. (e) Compost and organic matter to be used for the community garden shall not be stored in open air. They shall be contained in appropriate containers, which shall not be located with a 25-foot front setback nor 15-foot side street setback from all rights-of-way and shall be a minimum of 10-foot setback from all interior property lines. Such containers shall be maintained to prevent odors and prevent the harborage of rodents and pests. (f) Storage of toxic and flammable materials is not allowed. No tires are allowed to be stored on-site. (g) One sign is permitted, which shall not exceed 16 square feet and with a maximum height of 5 feet. (h) No parking is allowed on-site. (D) Urban Agriculture ORD. No. 07-17 6 (1) Purpose and Intent: The purpose of this section is to promote local production of food for consumption as well as non-food ornamental crops, such as flowers, cactus and shrubs and to promote the health, environmental, and economic benefits of having such uses in the City. a)Urban Agriculture includes commercial rooftop gardens, productive green walls, indoor farm facilities, urban farms, and other innovative food production methods in an urban area, excluding Community Gardens and School Gardens. b)Community Gardens and School Gardens are regulated by the City under the Community Gardens Program that has been adopted by the City of Delray Beach via resolution and, as such, are not regulated by this Section. (2)Appearance: a)Urban Agriculture shall contribute to the appearance and aesthetics of the area, shall be compatible with surrounding land uses, and shall not negatively impact the surrounding area. b)The owner or lessee of the property on which an Urban Agriculture site is located shall be responsible for maintaining the property so that it does not become overgrown with weeds, infested by invasive exotic plants or vermin, or a become a source of erosion due to storm water runoff. c)Failure to maintain an outdoor Urban Agriculture site shall be a violation of City’s Code of Ordinances Sections 100.01, 100.05, and 100.07, as appropriate. If the site does not come into compliance with the Code of Ordinances within 180 days after the issuance of a citation, the site shall be deemed abandoned. The owner of an abandoned site will be responsible for restoring the site in accordance with the City’s Landscape Regulations in LDR Section 4.6.16. (3)General Rules & Regulations: a)All forms of Animal Husbandry are prohibited. b)The following plants species are prohibited: i.Invasive species identified on the Florida Exotic Pest Plant Council’s list of exotic species, as amended, such as Old World Climbing Ferns and Air Potato vines that are, and as determined by the Senior Landscape Planner. ORD. No. 07-17 7 ii.Noxious weeds as defined by Rule 5B-57.007, Florida Administrative Code. c)Honeybee colonies must be registered with the Florida Department of Agriculture and Consumer Services in accordance with Rule 5B- 54.010, Florida Administrative Code. d)The site shall be designed and maintained so that the water used in the production of agricultural products, compost, and fertilizer will not drain onto the adjacent property. e)Outdoor Urban Agriculture activities shall take place after sunrise or before sunset. Hours of operation will not be limited for indoor Urban Agriculture activities. f)The sale of produce, flowers, and plants produced by the site shall occur at the site only and shall not take place before 7:00 a.m. or after 9:00 p.m. g)Urban Farms must comply with the Americans with Disabilities Act design standards for accessible routes if the site allows customers to pick their own produce or other products. (4)Site Standards: a)A site plan is required for all Urban Agriculture. Site plans shall be subject to review by the Site Plan Review and Appearance Board or the Historic Preservation Board in accordance with LDR Section 2.4.5(F) “Site and Development and Master Development Plans) and LDR Section 2.4.5 (G) “Modification to Site and Development Plans”. The approving body shall make a finding that the site is compatible with respect to size and scale of the development in which they are located. All outdoor plantings for crop production shall be setback a minimum of fifteen (15) feet from the front property line and five (5) feet from the side interior or rear property lines. Corner lots shall maintain a ten (10)-foot side street setback. All plantings shall comply with the visibility at intersection requirements pursuant to LDR Section 4.6.14. b)A Site Management Plan must be submitted with the Site Plan application. The Site Management Plan shall include: i.A narrative describing the types of crop(s) to be grown, the hours of operation, and a detailed maintenance plan. ii.A list of chemicals, pesticides, fertilizers or any combination of same to be used as well as the frequency of use. iii.Certification that the site is in compliance with LDR Section 4.5.5(B) “Wellfield Protection Ordinance”. ORD. No. 07-17 8 iv.Description of the on-site water source and a water management plan addressing containment of run off onto adjoining properties, waterways or rights-of-way. v.A description of proposed rain-capture systems including size, location and method of operation as well as how water stagnation will be prevented. vi.Photograph of the proposed Urban Agriculture site and existing structures. vii.Description of composting activities including, location, size and means of containment. viii.Complete description of any aspects of the operation that may generate noise or odor on site and that may impact adjacent property. ix.The Site Management Plan shall provide number of vehicles associated with the use and identification of permanent parking spaces on site, driveway, and drive aisle locations and the method of screening parking areas from adjacent properties and rights-of-way c)The Urban Agriculture site shall be served by a water supply sufficient to support the cultivation practices used on the site. The use of City water services for irrigation may be permitted in accordance with Chapter 52 of the City’s Code of Ordinances upon written approval from the Director of the Environmental Services Department with the concurrence of the City Manager. The use of rain-capture systems is encouraged on the site. d)Lighting used for the Urban Agriculture site shall be limited to that required for operational and safety purposes. Lighting shall comply with LDR Section 4.6.8 e)A perimeter fence or hedge for a ground level outdoor Urban Agriculture site is required. The use of decorative metal, wood masonry, pickets, wrought iron, or board-type wood is encouraged. The fence or hedge shall comply with Section 4.6.5 of the Land Development Regulations. Vegetative screening is encouraged and should consist of drought-tolerant South Florida native trees and shrubs and must be located outside the perimeter fence. f)For rooftop gardens, all equipment and containers shall be screened so they are not visible from the adjacent right-of-way. g)The following accessory structures may be permitted on Urban Agriculture sites: tool storage sheds, greenhouses, hoop houses, cold ORD. No. 07-17 9 frames, raised/accessible planting beds, compost or waste bins, farm stands, restrooms, and offices, that are not used for cultivating crops. The height of these accessory structures shall not exceed the height of the associated principal structure and in no case be greater than 20 feet. The combined total square footage for all accessory structures for an outdoor urban farm shall not exceed 1/20th of the site. h)In Historic Districts, all accessory structures associated with an Urban Agriculture use shall be located to the rear of the principal structure(s). i)In Historic Districts, where an Urban Agriculture use is an accessory use to a residential use, the Urban Agriculture use shall not be located within the front setback. j)Compost and organic matter to be used on the Urban Agriculture site shall be stored in appropriate containers, which must be located on the subject site and shall be setback a minimum of twenty-five (25) feet from the front property line and a minimum of ten (10) feet from all side and rear yard property lines. Compost bins shall be shielded from the adjacent right-of-way by plantings or fencing pursuant to LDR Section 4.6.5. Such containers shall be maintained to minimize odors, prevent run-off, and prevent the harborage of rodents and pests. k)For Urban Farms, storage of toxic and flammable materials is regulated as follows: i.Storage of toxic and flammable materials used for the operation of lawnmowers or other combustion engine-driven gardening machinery may be stored at the site and shall be kept in sealed containers in locked, ventilated structures in accordance of the National Fire Protection Association (NFPA) Code 30: “Flammable and Combustible Liquids” and the Florida Fire Prevention Code (FFPC). No other flammable materials or chemicals may be stored on site. A maximum of 10 gallons of fuel is allowed to be stored at the site at any given time. ii.Tires shall not be stored at the site. iii.Toxic materials, such as pressure treated wood (creosote), shall not be used where they will come into contact with soils that are growing food. l)Signs shall conform to the standards set forth in Section 4.6.7 of the Land Development Regulations. ORD. No. 07-17 10 m)Mechanical equipment used in the operation of outdoor Urban Agriculture sites that are located in districts that allow residential uses shall comply with the noise regulations in Chapter 99 of the Code of Ordinances and shall be limited to the following: i.Riding/push mower designed for personal use. ii.Handheld tillers or edgers that may be gas or electrically powered. iii.Other handheld farming equipment that create minimal impacts related to the operation of said equipment, including noise, odors, and vibration. n)Required on-site parking shall comply with the off-street parking regulations set forth in Section 4.4.13(C), Table 4.4.13(L); and Section 4.6.9(C)(7)(m) of the Land Development Regulations. o)Notwithstanding the foregoing, all Urban Agriculture sites and Urban Farms shall comply with the additional requirements of the applicable zoning district. Section 3.That Article 4.4, “Base Zoning District”, Section 4.4.1, “Agricultural Zone District (A)”, Paragraph (B), “Principal Uses and Structures Permitted” and (C), “Accessory Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray “Beach, Florida, shall hereby be amended to read as follows: Section 4.4.1 Agricultural Zone District (A) (B)Principal Uses and Structures Permitted: The following types of use are allowed within the (A) District as a permitted use: … (7)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C)Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: … (5)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 4.That Article 4.4, “Base Zoning District”, Section 4.4.2, “Rural Residential (RR) Zone District”, Paragraph (C), “Accessory Uses and Structures Permitted”, of the Land ORD. No. 07-17 11 Development Regulations of the City of Delray “Beach, Florida, shall hereby be amended by adding a new sub-paragraph (3) to read as follows: (C)Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: … (3)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 4.That Article 4.4, “Base Zoning District”, Section 4.4.3, “Single Family Residential (R-1) Districts”, Paragraph (B), “Principal Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.4.3 Single Family Residential (R-1) Districts: (B)Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: ... (8)Community Gardens Section 5.That Article 4.4, “Base Zoning District”, Section 4.4.5, “Low Density Residential (RL) Districts”, Paragraph (B)(10), “Principal Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.4.5 Low Density Residential (RL) Districts): (B)Principal Uses and Structures Permitted: The following types of sue are allowed within the (RL) District as a permitted use: ... (8)Community Gardens Section 6.That Article 4.4, “Base Zoning District”, Section 4.4.6, “Medium Density Residential (RM) District”, Paragraph (B)(12), “Principal Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: ORD. No. 07-17 12 Section 4.4.6 Medium Density Residential (RM) District: (B)Principal Uses and Structures Permitted: The following types of sue are allowed within the (RM) District as a permitted use: ... (12)Community Gardens Section 7.That Article 4.4, “Base Zoning District”, Section 4.4.9, “General Commercial (GC) District”, Paragraph (B), “Principal Uses and Structures Permitted”, and Paragraph (G) “Supplemental District Regulations” of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.4.9 General Commercial (GC) District: (B)Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a): ... (8)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (G)Supplemental District Regulations: (3)Four Corners Overlay District: The following supplemental district regulations apply to the Four Corners Overlay District, as defined in Section 4.5.14. (a) The permitted uses shall be those listed in Sections 4.4.9(B)(1,2,4,5,8) Section 8.That Article 4.4, “Base Zoning District”, Section 4.4.11, “Neighborhood Commercial (NC) District”, Paragraph (B), “Principal Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.4.11 Neighborhood Commercial (NC) District: ORD. No. 07-17 13 (B)Principal Uses and Structures Permitted: The following types of uses are allowed within the NC District subject to the limitations per Subsection (H) as a permitted use: ... (4)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 9.That Article 4.4, “Base Zoning District”, Section 4.4.12, “Planned Commercial (PC) District”, Paragraph (B)(1), “Principal Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.4.12 Planned Commercial (PC) District: (B)Principal Uses and Structures Permitted: The following types of use are allowed within the PC District as a permitted use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(a): ... (1)All uses allowed as such within the GC District [Section 4.4.9(B)(1) through (5), and (7) and (8)]. Section 10.That Article 4.4, “Base Zoning District”, Section 4.4.13, “Central Business (CBD) District”, Table 4.4.13(A), “Allowable Uses in the CBD Sub-Districts”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Table 4.4.13 (A) - Allowable Uses in the CBD Sub-Districts Central Railroad Beach W. Atlantic Core Corridor Area Neigh. 24-hour or late-night businesses, within 300' of residential property (see 4.3.3(VV)) C C C C Urban Agriculture [4.3.3 (D)] excluding outdoor Urban Farms P, A P, A -P, A Outdoor Urban Farms [4.4.3(D)]C C C C Section 10.That Article 4.4, “Base Zoning District”, Section 4.4.13, “Central Business (CBD) District”, Table 4.4.13(L), “Minimum Number of Off-Street Parking Spaces Required in the ORD. No. 07-17 14 CBD”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Table 4.4.13(L) Minimum Number of Off-street Parking Spaces Required in the CBD Commercial Uses Hotels/Motels1 .7 space per guest room plus 1 space per 800 sf. of meeting rooms and shops Business and Professional Office <10,000sf 1 space per 500 sf. of net floor area Business and Professional Office >10,000sf located more than 750 feet from a public parking garage or Planned Tri-Rail Coastal Link station 1 space per 300 sf. of net floor area Business and Professional Office >10,000sf located within 750 feet of a public parking garage or Planned Tri-Rail Coastal Link station 1 space per 500 sf. of net floor area Retail and Commercial Uses 1 space per 500 sf. of gross floor area Restaurants and lounges (including those located within hotels/motels) NOT in the Atlantic Avenue Parking District 6 spaces per 1,000 sf. of gross floor area Restaurants and lounges (including those located within hotels/motels) in the Atlantic Avenue Parking District 12 spaces per 1,000 sf. for the first 6,000 sf. Plus 15 spaces per each additional 1,000 sf. Urban Agriculture 1 space for every 2 acres or portion thereof of outdoor production and 2 spaces for every 1,000 sq. ft. or portion thereof of gross floor area of buildings used for the Urban Farm site (excluding sheds and other utility structures used only to house equipment and/or supplies.) Section 11.That Article 4.4, “Base Zoning District”, Section 4.4.19, “Mixed Industrial and Commercial (MIC) District”, Paragraph (B), “Principal Uses and Structure Permitted” and (C), “Accessory Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.4.19, “Mixed Industrial and Commercial (MIC) District: (B)Principal Uses and Structures Permitted: The following types of use are allowed within the MIC District as a permitted use: … ORD. No. 07-17 15 (8)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C)Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: … (6)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 12.That Article 4.4, “Base Zoning District”, Section 4.4.20, “Industrial (I) District”, Paragraph (B), “Principal Uses and Structure Permitted” and (C), “Accessory Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.4.20 Industrial (I) District: (B)Principal Uses and Structures Permitted: The following types of use are allowed within the Industrial District as a permitted use: … (6)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C)Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: … (7)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 13.That Article 4.4, “Base Zoning District”, Section 4.4.21, “Community Facilities (CF) District”, Paragraph (B), “Principal Uses and Structure Permitted” and (C), “Accessory Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.4.21 Community Facilities (CF) District: (B)Principal Uses and Structures Permitted: The following types of use are allowed within the CF District as a permitted use: ORD. No. 07-17 16 … (10)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C)Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: … (6)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 13.That Article 4.4, “Base Zoning District”, Section 4.4.24, “Old School Square Historic Arts District (OSSHAD)”, Paragraph (C), “Accessory Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (C)Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: … (7)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 14.That Article 4.4, “Base Zoning District”, Section 4.4.26, “Light Industrial (LI) District”, Paragraph (B), “Principal Uses and Structure” and (C), “Accessory Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.4.26 Light Industrial (LI) District: (B)Principal Uses and Structures Permitted: The following types of uses are allowed within the LI District as a permitted use: … (6)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C)Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: … ORD. No. 07-17 17 (8)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 14.That Article 4.4, “Base Zoning District”, Section 4.4.29, “Mixed Residential, Office and Commercial (MROC) District”, Paragraph (B), “Principal Uses and Structure” and (C), “Accessory Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.4.29 Mixed Residential, Office and Commercial (MROC) District: (B)Principal Uses and Structures Permitted: The following types of uses are allowed within the MROC District as a permitted use: … (8)Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C)Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (8)Urban Agriculture, pursuant to regulations set forth in Section 4.3.3(D). Section 15.That Article 4.6, “Supplemental District Regulations”, Section 4.6.6, “Commercial and Industrial Uses to Operate Within a Building”, Paragraph (A), “Intent”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.6.6 Commercial and Industrial Uses to Operate Within a Building: (A)Intent: … (4)Urban Agriculture uses may be conducted outside pursuant to Section 4.3.3(D). ORD. No. 07-17 18 Section 16.That Article 4.6, “Supplemental District Regulations”, Section 4.6.9, “Off- Street Parking Regulations”, Paragraph (7), “Other Uses”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Section 4.6.9 Off-Street Parking Regulations: (C)(7) Number of Parking Spaces Required: … (m) Urban Farm Sites: Shall provide 1 space for every 2 acres or portion thereof of outdoor production area and 2 spaces for every 1,000 sq. ft. or portion thereof of gross floor area of buildings used for the Urban Agriculture site (excluding sheds and other utility structures used only to house equipment and/or supplies.) Section 17.That “Appendix A, Definitions”, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: Animal Husbandry: An agricultural business for the breeding and caring for farm animals. Community Garden: Any piece or pieces of land gardened by a group of people, utilizing either individual or shared plots on private or public land. The land may be used only for the production of fruits, vegetables, herbs, edible mushrooms, flowers, and/or ornamental plants and the gardens are reviewed by the City’s Green Implementation Advancement Board, pursuant to the Community Garden Program. Greenhouse: An enclosed structure (usually with glass) for the production of fruits, vegetables, herbs, flowers, and/or ornamental plants. Rooftop Gardens: A garden located on the roof of a building that is used for the commercial and/or private production of fruits, vegetables, edible mushrooms, herbs, flowers, and/or ornamental plants. School Gardens: Garden plots that are owned by or used exclusively by a public or private school and are used exclusively for educational or on site consumption purposes to teach students about the production of produce fruits, vegetables, edible mushrooms, herbs, flowers, and/or ornamental plants. ORD. No. 07-17 19 Urban Agriculture: The science or practice of cultivation of the soil for the growing of crops to provide food or other plant-based products within the city limits of the City of Delray Beach. Urban Farm: A small-scale commercial operation which includes the production and sale of fruits, vegetables, edible mushrooms, herbs, flowers, and/or ornamental plants which may be conducted indoor or outdoor. Section 18.Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 19.Specific authority is hereby given to codify this Ordinance. Section 20.This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on second and final reading on this _____ day of ________________, 2017. Mayor ATTEST: City Clerk First Reading Second Reading NC NC NC NC NC NC NC PC PC PC PC PC PC PC PC PC PC PC RR RR RR OSSHAD CBD CBD CBD CBD A A A A A A MIC MIC MIC MIC MIC LI LI I I I I GC GC GCGC GC GC GC GC GC GC GC GC GC GC GC GC GC MROC MROC MROC CFCFCF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CFCF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF CF Pelican Ln NE 2nd St C a n alPtS SE 2nd St N O c e a n B l v dBar w i c k R d W L int on Blvd NE 14th S t N Latitude Cir W C o d a C i r SE 10th St C as a Wa y Geor ge Bush Blvd L i n d e ll B lv d C a s i t a Wa y A t l a n t i c G r o v e W a y S Latitude Cir F i o r e Wa y W A t l a n t i c A v e Jefferson Rd N S w i n t o n A v e SW 2nd St NE 3rd St M c N a b R d AudubonBlvd S M i l i t a r y T r l A d mirals W a y Riviera Dr NE 4t h S t N Longport Cir SE 1st St NW 1 0thS t S e a c r e s t B l v d F e n t o n D r Poinsettia Rd W C a n n e r y R o w C i r Cortez Ln Bolender Dr E C a n n e r y R o w C i r NW5th St Thomas St SE 9th St S n a p p e r W a y W h a t l e y R d SW 10 t h St F r e d e r i c k B l v d H a r b o r C i r High Point Blvd NW 6th St S C o n g r e s s A v e NE 22 n d St Del Aire Blvd G a l l a g h e r R d Temple Dr 4 8 t h TrlS S W 1 s t A v e S W 2 n d A v e N W 6 t h A v e V i a V e r o n a O l d D i x i e H w y W a s h i n g t o n A v e S W 11t h Ct Denery Ln Lowson Blvd S E 6 t h A v e G o l f C t L a w r e n c e R d N F e d e r a l H w y N E 9 t h A v e S e a b r e e z e A v e N W 13th St Enfield Rd Lake Shor e Dr C o r a l W a y NE 5t h S t E n f i e l d C t SE 7th St S O c e a n B l v d N W 3 7 t h A v e NW 1st St Franwood Dr Greenstone Dr W C h r y s t i e C i r Eve St B r o n s o n A v e S t r i c k l a ndRd W B l v d C h a t e l aine Juniper Dr S W 8 t h A v e W i c k h a m C i r B e x l e y P a r k D r S e a L n E C o d a C i r Bishop Dr V e n t n o r A v e S o u t h r i d g e R d A n d r e w s A v e SW 13thSt Laing St E g r e t C i r Old Germantown Rd N W 2 4 t h A v e H a r b o r C t Lakeview Blvd SW 15th St A v e V i l l andry J o e L e e C i r Sun sh ine Dr Eldorado Ln Avocet Rd E a g l e D r Lee Rd M i l f re d S t Mallard Dr SE 3rd St L a u relwood L n W M a l l o r y C i r O c ean Ter SE 12th Rd S W 3 r d A v e SW 12th Ct N E 7 t h A v e N W 12th St Lake Ida Rd N W 3rd Ter N E 8 t h A v e Ave L Iris Dr L i v e O ak Blvd NW 8th Ct Hibiscus Rd C o p l e y P l SW 3rd St Reigle Ave Curlew Rd B o b o l i n k D r A l t a M e a d o w s L n D o r s o n Way S F e d e r a l H w y Miramar Dr NW 11th St GallinuleDr Blvd Chatelaine NW 14th St S W 2 7 t h T e r Ingraham Ave NW 4th Ter NE 16th St Ham p t o n Cir S C o r m o r a n t R d D u n l i n R d N E 3 r d A v e NE 7 th C t P h o e b e L n Dogwood Dr Benjamin Ave N D i x i e B l v d N W 3 r d A v e A v e C N W 1 8 t h A v e SW29th St TropicIsleDr S t a r l i n g C t H amp t o n Cir N Highgate Dr Lamat Ave NW 25th Ct B r i d l e w o o d D r C o c o n u t K e y L n Woo d L n South Dr Casuarina Rd P a l m A v e High Point B l v d N M i a m i B l v d V a l e n c i a D r D e l r a y B a y D r Hi ghland Ave S W 1 0 t h A v e S u t t o n P l L a n c a s t e r L n S W 6 t h A v e Canal Pt N Dolphin Dr NE 7t h S t S W 2 1 s t W a y North Dr SW 4th St SW 29t h C t D r A n d r e 's W a y SE 8th St Azal ea C t L i m e L n Beach Dr Sandoway Ln S E 4 t h A v e S W 7 t h A v e NW 3rd St O a k T r e e C t S E 5 t h A v e NE 6t h S t D e l a n c e y A v e S E 7 t h A v e SW 1st St Carissa Rd SW 2nd Ct SW 2nd Ter N W 2 7 t h A v e SW 6th St Coconut Row Bond Way P u g l i e s e s W a y C a l a m o n d i n T e r NW 10 th Pl N W 1 4 t h A v e NW 7th StGardenia Ter NW 3rd Ct T a n g e l o T e r Dracaena Ct Bessie St Coralina Ln W e b b A v e Ave F B l u e J a y T u r n Harbor Dr NW 22nd St Lincoln Rd NW5 th Ct Estuary Way Delray Lakes Dr N W 2nd L n N W 3 0 t h A v e N W 2 5 t h S t M a s t e r sCir C a c t u s T e r O l e a n d e r L n P r e s e r v e Dr N E 1 s t A v e N W 2 1 s tCt W e d g e w o o d Bl vd Pansy Ln NW 18th St S W 3 5 t h A v e C i r c l e D r W M a g n o l i a C i r Banyan Tree Ln H e a th e r L n Bonnie Briar LnLancewood Pl Ave G S W 2 2 n d A v e Carn ati o n C t Begonia Ct N W 1 s t A v e Grove W a y H i g h P o i n t W a y N E R o y a l C t J a s m i n e C t H i g h P o i n t W a y N W B l o s s o m D r N W 2 4t h C t P a l m C t AveSerrant Lake Eden Way R a i n b e r r y B l v d A l m a r B l v d D o v e r R d Co nklin D r S p a n ish C ir Bermuda Gardens Rd J a s m i n e T e r NW 24th St C l e a r b r o o k P a r k C i r Bay St Nassau St Harbourside Dr Cher ry La u re l Ln Genoa WaySW24thLn Bosu n Way Gardenia Dr F i s h e r L n Tropic Blvd S E 2 n d A v e R i v e r B i r c h C i r Dr Carol Krol Way N W 1 3 t h A v e San C l a r a D r Collins Ave N W 2 8 t h A v e P a r k T r e e P l Eastview Ave Augu s t a C i r Waterway Ln Aub ur n CirN Beverly D r SW 9th St SW 9th Ct H igh P o int Te r E High Point Ct E L a g o R d L a k e C t Southways N W 1 5 t h A v e Wiggins Rd NW 4th St NE 22nd Ln G a r d e n D r E a s t D r SW 1 0 t h C t Douglas Ave F l o r i d a B l v d Seaspr ay Ave SW 5 t h S t NE 5th Ct E n s ignCir S a l i n a A v e F e r n F o r e s t P l Frances Dr Z e d e r A v e Osprey Dr NE 20th St Coral Trace Pl S w e e t B a y D r Sale rno Way Maurice Dr R o y a l P a l m D r L a k e v i e w G r e e n s E M a g n o l i a C i r N E 1s t C t NE 21st St N W 7 t h A v e Evans Rd M a r i n e W a y H i g h P o i n t D r E A v e C h a u m o n t S W 9 t h A v e S E 1 s t A v e N E 4 t h A v e SW 8th Ct SW 7th St SW 8th St S W 1 1 t h A v e S W 1 2 t h A v e Bluebird D r H i g h P o i n t D r W P a l m S q Pine Lake Ct R a i l r o a d A v e Lee S t NE 19th St NW 16th St C l u b D r NW 15th St Driftwood Lndg N W 4 5 t h W a y N W 1 9 t h T e r N W 1 2 t h A v e N W 1 1 t h A v e N W 9 t h A v e Crestwood Dr NW 17th St NE 18 t h St Eagle C i r SW 3rd Ct S Lancewo od Pl F e r n L n C o c o p l u m W a y 143rd Pl NE 16th Ct I m p e r i al Cir NW 6th Ct Rhod es Villa Ave White Dr N W 3 2 n d A v e NW 9th St N W 3 rd Dr P l Val en ca y NE 11th St NE 12th St NE 13th St NE 10th St NE 9th S t W h i s p e r i n g O a k s L n G r e e nswardCt NW 8 t h S t E Linton Blvd High Point Ct W High Point Ter W K n ightLn Needham Ct Brooks Ln Gu lfstream Blvd De Carie St W a t e r f o r d P l Fern Dr B u n t i n g D r Evergreen Dr Sunrise Blvd Lewis Cv Pinetree Dr N W 9 t h R d S a b a lwood Ct Owens Baker Rd C a r d i n a l D r S CitationDr N L a S e d on a C i r SL a S e d ona Ci r IbisDr Cir c le Ter W SClassical Blv d 133rd Rd S AnglerDr S W 7th Ct H i g h P o i n t W a y S E E l m h u r s t D r NE 15th St S Lake Ave N Lake Ave B o x w o o d D r H i g h P o i n t P l S NW 2nd St S u n s e t D r G l e n v i e w D r H i g h P o i n t W a y S W P l C hateau R o s e A p p l e D r Palm Ridge Blvd Island Dr Fulmar Dr T r e e F e r n D r Danson Wa y NE 17th St Ellwood Dr S u n s e t P i n e s D r McCleary St Allamanda Dr Sterling Ave Zor no Wa y Banyan Dr Sherwo od Blvd Allen Ave Hyacinth Dr Cypress Dr V iaD' E s t e High Point Dr Barrett St Brady Blvd G r e e n s w ard Ln S W 1 6 t h A v e K okomo K e y Ln M a r k l a n d L n L a k e w o o d e C ir W Brandon Dr Lone Pine Rd C r y s t a l W a y Village Dr L a k e I d a P a r k R d S W 1 2 t h T e r E s t u a r y T r l N W 8 t h A v e N W 4 t h A v e C a m i n o R d N W 4 6 t h A v e H a m l e t D r U d e l l L n Pine Grove Dr N E 6 t h A v e S e a S a g e D r P r i v e C i r N W 5 t h A v e C o n g r e s s P a r k D r D a v i s R d S e a g a t e D r V e n e t i a n D r A u b u r n C i r W A u b u r n C i r E C o r a l T r a c e B l v d Pelican W a y N W 1 0 t h A v e C i t r u s W a y P a l m T r l N W 4 1 s t A v e Saba l L a k e s R d C a t h e r ine D r S S w i n t o n A v e NW7thCt H o m e w o o d B l v d S p a n i s hWells D r R a i n b e r r y C i r E Clea r b ro ok C i r Satin Leaf Ct N E 5 t h A v e Country Mano r s B l v d N W 2 6 t h A v e E C l a s s i c a l B l v d F o x p o i n t e C i r N W 2 6 t h L n P a rC ir E L a n c e w o o d P l R o o s e v e l t A v e P i n e L a k e D r J a e g e r D r A l b a t r o s s R d A u b u r n A v e N W 2 2 n d A v e Lake Dr M a h o g a n y W a y P a r k A c c e s s R d N W 2 5 t h A v e R a i n b e r r y L a k e s D r Spring H a r b o r D r N W 3 9 t h A v e O r c h a r d L n M a c F a r l a n e D r S W 2 8 t h A v e R ab b i t H o l l o w e C i r S D r i v e W a y E A s t o r C i r S E 3 r d A v e W C l a s s i c a l B l v d C l u b D r W S W 3 6 th Ave N W 2 1 s t T e r Sh e r w o o d Forest Dr H a m p t o n B r i d g e R d S p a n i s h T r l W a l l a c e D r Del Harbour Dr N W 2 n d A v e E C h r y s t i e C i r C o m m e r c e Dr N W 2 9 t h A v e N W 4 0 t h A v e S u n d y A v e N Astor Cir S e aGrape Cir I l e n e C t R y e L n N W 2 3 r d L n S W 1 4 t h A v e King s Lynn WhiteCedar Ln N W 2 0 t h A v e Hamm o c k C i r C o r a l T r a c 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t h C t L a k e I d a P a r k R d EstatesDr P i n e view Cir L akeview Dr S W 2 2 n d C i r I -9 5 SW 26th Ter S W 2 6 t hTer L inton L a k e D r Las Verdes Way 1 inch = 800 feet Map Showing The Zoning DistrictsWhich Allows Urban Agriculture ILegend Agricultural Central_Business_District Community Facilities General Commercial Industrial Light Industrial Mixed Industrial & Commercial Mixed Residential Office & Commercial Neighborhood Commercial Old School Square Historic Arts District Planned Commercial Rural Residential Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Zoning Maps\Zoning Map For Tim\Urban Agriculture Zoning Districts.mxd PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 23, 2017 AGENDA NO: VI. A AGENDA ITEM: CONSIDERATION OF CITY-INITIATED AMENDMENTS TO LDR SECTION 4.3.3(D) COMMUNITY GARDENS, TO REPEAL THIS SECTION IN ITS ENTIRETY AND TO ADD A NEW SECTION ENTITLED URBAN AGRICULTURE, TO AMEND ARTICLE 4.4 TO REMOVE COMMUNITY GARDENS AS A PRINCIPAL USE AND TO ADD URBAN AGRICULTURE AS PRINCIPAL, ACCESSORY AND CONDITIONAL USES IN SPECIFIC ZONING DISTRICTS; AMENDING SECTION 4.6.9 OFF-STREET PARKING REGULATIONS, SUB-SECTION 4.6.9(C)7 “OTHER USES” AND TABLE 4.4.13(K) “MINIMUM NUMBER OF OFF-STREET PARKING SPACES REQUIRED IN THE CBD” TO ESTABLISH PARKING REQUIREMENTS; AMENDING SECTION 4.6.6 “COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING” TO LIST URBAN AGRICULTURE AS AN ALLOWABLE OUTSIDE USE; AMENDING APPENDIX A “DEFINITIONS” TO PROVIDE FOR RELATED DEFINITION AND PROVIDE SPECIFIC DESIGN AND REVIEW CRITERIA FOR THE NEW USE. ITEM BEFORE THE BOARD The item before the Board is a recommendation to the City Commission regarding City-initiated amendments to LDR Section 4.3.3(D), Community Gardens, to repeal this section and to add a new section entitled Urban Agriculture, to amend Article 4.4 to remove Community Gardens and to permit Urban Agriculture as a principal and accessory uses in specific zoning districts; to amend Section 4.6.9 Off-Street Parking Regulations, Sub-section 4.6.9(C)7 “Other Uses” and Table 4.4.13(K) “Minimum Number of Off-Street Parking Spaces Required in the CBD” to establish parking requirements; amending Section 4.6.6 “Commercial and Industrial Uses to Operate Within a Building” to list Urban Agriculture as an allowable outside use; amend Appendix A “Definitions” to provide for related definitions and to provide specific design and review criteria. Community Gardens will now be permitted through a staff coordinated program. BACKGROUND On June 7, 2011, the City Commission adopted Ordinance 12-11, which introduced the use of “community gardens” within specified zoning districts as a principal and accessory use subject to certain regulations. The ordinance was intended to provide for the implementation of community gardens whereby a group of residents could grow their produce and horticultural plants for their own consumption without creating adverse environmental impacts or land use incompatibilities. Community gardens were not intended to be a commercial enterprise and thus the sale of produce and plants were prohibited. Planning and Zoning Board Meeting of January 23, 2017 LDR Text Amendment for “Urban Agriculture” 2 Prior to the adoption of the Ordinance there were three community gardens within the City, known as the Cason Community Garden, the Swinton Community Garden and the Southwest Community Garden. Subsequent to the adoption of the Ordinance four new community gardens were established; the Frog Alley Community Garden, Delray Beach Children’s Garden, Delray Students Farm School and the Gladiolus Community Garden. Over the years several concerns have been raised with respect to the restrictions of the current Ordinance, which has resulted in a lack interest in establishing community gardens. The restrictions that are found to be most burdensome are: (i) that they are only allowed in some residential zoning districts; (ii) the sale of produce grown on-site is not allowed; (iii) evening community gatherings are not allowed; (iv) the cost of establishing water service; (v) the requirement to install a drive-through gate to accommodate trucks; and, (vi) the prohibition on bee keeping. Additionally, the ordinance did not address the emerging practice of urban farming, a rather new form of commercial agriculture that addresses local food production in urbanized areas. With the adoption of Comprehensive Plan Amendment 01-10, revisions to the Conservation Element included a NEW GOAL AREA “E” STRIVE TO BECOME A MORE SUSTAINABLE CITY. Following this Comprehensive Plan amendment, the Green Implementation Advancement Board (GIAB) was created with the responsibility to review City operations and policies toward achieving Delray Beach’s green and sustainability goals. The Green Implementation Advancement Board (GIAB) has put forward several recommendations to encourage and expand community gardening and urban agriculture through innovative food production and creating a sustainable local food supply. PROPOSED AMENDMENT The proposed amendments seek to encourage Community Gardens within the City of Delray Beach by removing them from the Land Development Regulations (LDRs) and making them a program that will be coordinated by city staff and the GIAB while adding Urban Agriculture to the LDRs as a land use within the City. Under the proposed Community Garden program, community gardens are defined as green garden spaces, often within urbanized areas, that are communally cared for and cultivated. The garden may consist of individually-worked plots or communally-tended areas and grow horticulture plants, trees, flowers, vegetables, fruits, and herbs primarily for the use of those involved in the project. The program is comprised of clear Garden Policy Guidelines on design, operations and maintenance requirements, an Application Package and approval process, and an annual Activities Report to track and communicate with garden mangers. By clarifying public expectations around community garden activities and requiring community garden organizations to carefully consider and document all aspects of initiating, and more importantly, managing and maintaining the garden, the City hopes to avoid adverse environmental impacts or incompatible land uses. These measures will allow community gardens to be created and operate outside of the formalized Land Development Regulations. Although the Community Garden Program establishes a process for registering and monitoring gardens, the City neither sponsors nor organizes the gardening activities. Instead, local residents Planning and Zoning Board Meeting of January 23, 2017 LDR Text Amendment for “Urban Agriculture” 3 are encouraged to organize a gardening club, identify suitable land for establishing the garden and develop their own Garden Management Plan (GMP) to regulate and enforce the activities and operation of their garden. The GMP, which is submitted as part of the application for City approval, becomes the document governing all member activities in that space. In this way, community members control and enforce their own rules for their garden. The City will monitor the garden’s appearance, and will only get involved the garden’s operations if the garden’s becomes unsightly, a public nuisance or if a health or safety issue emerges. Once a community garden is properly established, the city will endeavor to aid the garden’s activities by providing the most favorable rates for water supply available by law, arranging for no fee garbage collection, promoting the garden and its activities with a link on the City’s Sustainability webpage, and facilitating the garden’s collaboration with the Delray Green Market and other local initiatives. The Community Garden program would allow: - The sale of products, however, a community garden is not a commercial operation, thus gardens are not permitted to grow produce, plants and flowers, or create compost primarily to profit from their sale. Garden members may sell surplus harvest retail at a community green market, (like the Delray Green Market) or on site twice weekly to support the garden’s collective operating costs, or to recover expenses associated to the individual gardening activities of its members. - Community Garden’s hours of operation shall be limited from dawn to dusk seven days a week, with the exception of the garden club’s administrative meetings and special events, which may occur after dark but must conclude by 10 pm. Evening events are limited to twice monthly. - Gardeners are expected to keep noise levels low (radios, pets, children), so as not to disturb adjacent neighbors, and no machinery can be operated before 8:00 a.m. or after 7:00 pm seven (7) days a week. - Gardens may make arrangements with adjacent properties for a source of water, or request and pay the city for an irrigation meter to be installed. - Members of the garden are prohibited from raising rabbits, poultry or other livestock. Gardens wishing to maintain beehives must comply with state statute FS 586.10 which regulates activities related to Honeybee hive locations, inspections and maintenance. (The city is prohibited from restricting bee tending by Florida statute). - In compliance with Florida law, illegal plants, such as marijuana, invasive species, such as Old World Climbing Ferns and Air Potato vines, and any noxious weeds as defined by Florida Department of Agriculture and Consumer Services rule 5B-57.007, or Palm Beach County’s Article 14C of the Unified Land Development Code are prohibited. - The program requires the establishment of a management team to govern and manage the garden, requires maintenance and upkeep of the garden and includes ADA requirements. -The program requires garden spaces to be restored to a stable and acceptable aesthetic if the garden ceases operations. Planning and Zoning Board Meeting of January 23, 2017 LDR Text Amendment for “Urban Agriculture” 4 - The program establishes a requirement of filing an Activity Report and requires City staff and GIAB to review the operations annually. Permission to maintain the garden can be withdraw if the garden is repeatedly cited for poor performance. - The community gardens program would be adopted by City Resolution. The changes associated with the subject amendment are as follows: LDR Section 4.4.3(D) “Community Gardens”: Repeal this section in its entirety and replace it with a new section entitled “Urban Agriculture”. The purpose of enacting this new land use is to promote local production of food crops , as well as non-food ornamental crops, such as flowers, and to promote the health, environmental, and economic benefits of having such uses in the City. Urban Agriculture refers to the science or practice of farming within and urbanized area, such as the city limits of Delray Beach. Urban Farms, may be small and have the likeness of a community garden, however they differ, in that they are commercial operations that sell goods and services to the public and businesses for profit. Urban Agriculture includes the cultivation of the soil for food crops and other plant-based products and these activities can occur on commercial rooftop gardens, productive green walls, indoor farm facilities, urban outdoor farms, and other innovative food production methods that maximize production in an urban area. LDR Section 4.3.3(D)(2) “Appearance”: This section addresses the appearance of an urban farm and provide that such facilities shall contribute to the appearance and aesthetics of the area and be compatible with surrounding land uses; shall be maintained so that it does not become overgrown with weeds, infested by invasive exotic plants or vermin, or a source of erosion due to storm water runoff; and requires that the site shall be restored if the property is not actively maintained as an Urban Farm for 180 or more consecutive days. LDR Section 4.3.3(D)(3) “ General Rules and Regulations”: This section establishes general rules for operation such as, the prohibition of all forms of animal husbandry; requirements to register Honeybee colonies with the Florida Department of Agriculture and Consumer Services in accordance with Rule: 5B-54.010, Florida Administrative Code; the site shall be designed and maintained so that the water used in the production of agricultural products, compost, and fertilizer will not drain onto adjacent property; restrictions on hours of operation from sunrise to before sunset (hours of operation will not be limited for indoor farming activities). LDR Section 4.3.3(D)(4) ”Site Standards”: Specific site design criteria are established and integrated with compliance with the development standards of the Land Development Regulations pertaining to signage, lighting, drainage, setbacks, sight visibility. This section also establishes the approval process for urban agriculture uses. Article 4.4 “Base Zoning District” is amended to add Urban Agriculture as a permitted and/or accessory use within the following zoning districts:  Agricultural (A)  Rural Residential (RR)  General Commercial (GC)  Neighborhood Commercial (NC) Planning and Zoning Board Meeting of January 23, 2017 LDR Text Amendment for “Urban Agriculture” 5  Planned Commercial (PC)  Mixed Industrial and Commercial (MIC)  Industrial (I)  Community Facilities (CF)  Old School Square Historic Arts District (OSSHAD)  Light Industrial (LI)  Mixed Residential, Office and Commercial (MROC) The amendment adds Urban Agriculture (excluding outdoor urban farms) as a permitted use and outdoor urban farms as a conditional use within the Central Business (CBD) District. LDR Section 4.6.6(A) “Commercial and Industrial Uses to Operate Within a Building” is amended to add Urban Agriculture uses as an allowed outside use. LDR Section 4.6.9 “Off-Street Parking Regulations” and Table 4.4.13(L) “Minimum Number of Off-street Parking Spaces Required in the CBD” is amended to require a parking ratio of 1 space for every 2 acres or portion thereof of outdoor production area and 2 spaces for every 1,000 sq. ft. or portion thereof of gross floor area of buildings used for the Urban Farm (excluding sheds and other utility structures used only to house equipment and/or supplies.) These criteria were established based on research on the employment intensity of these types of uses in other cities with urban farming activities. Appendix A “Definitions” is amended to include new definitions for Animal Husbandry, Community Gardens, Commercial Gardens, Greenhouse, Rooftop Gardens, School Gardens, Urban Agriculture and Urban Farms. ANALYSIS Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. The proposed amendments are City-initiated text amendments to the Land Development Regulations. Pursuant to LDR Section 2.4.5(M)(5), Findings, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted, and these are the applicable elements to this specific request. Objective E-1 of the Conservation Element: The City of Delray Beach encourages land use planning and development based on sustainability principles and practices. The City also, when applicable, recommends implementation of policies and programs that provide environmental, economic and social benefits to residents, businesses, visitors and other governmental agencies to strengthen Delray Beach’s position as a model of sustainable practices. Policy E-1.1 of the Conservation Element: By February 1st of each year, the Green Implementation Advancement Board (GIAB), shall review City operations and policies toward achieving Delray Beach’s green and sustainability goals and providing a report of recommendation to the City Commission regarding: Planning and Zoning Board Meeting of January 23, 2017 LDR Text Amendment for “Urban Agriculture” 6 1. Ways to improve the environmental sustainability of City programs, services, and equipment facilities. 2. Strategies for improving environmental sustainability of the community. 3. Incentives for residents, businesses, and organizations to practice environmental conservation including recycling. 4. Methods to enhance water and energy conservation. 5. Ideas for promotion of tree planting and xeriscaping. 6. Best Practices for implementation in Delray Beach, including long-term strategies. 7. Proposed revisions to City Ordinances to address Green Technologies. The actions proposed herein further the goal and policy outlined. Removing community gardens from the LDRs so that it is easier to create a garden and allowing Urban Farming to occur as a primary land use directly advance the sustainability goals of the City. Both activities address the need to grow more food and plant product closer to the point of consumption. This reduces the emissions related to transporting food and plants from agricultural areas to areas of consumption and increases community resilience, as the community is less dependent on outside factors, such as transportation, fuel, weather, labor disruptions to feed the population. Community gardens and urban farming also improve access to fresh fruits and vegetables for residents, which can directly improve public health. Some urban areas, particularly less affluent parts of cities often lack grocery stores and markets which stock fresh produce. These “food desserts”, arise as margins in the food and supermarket industries are very small, and some retailers simply do not choose to stock highly perishable merchandise. The lack of produce, and the higher costs of fruits and vegetable force some households to forego these food basics in their diet. Poor diet has high costs in terms of malnutrition, obesity, and disease in our community. Community gardens and urban farms mitigate these issues by allowing residents to grow their own fruits and vegetables, or produce goods locally, which can reduce their cost. Land cultivation also helps to sequester CO2 from the atmosphere. Plants grow by fixing carbon and water through photosynthesis. While grass covered land provides some benefits, crops that grow quickly, are harvested, and then regrow provide an ongoing form of carbon sequestration. Moreover, the green landscape acts as a lung in the city, releasing Oxygen and reducing the urban heat island effect of solar radiation absorbed by surrounding asphalt and dark roof coatings. More importantly, community gardens connect citizens with the natural environment, educating the population on aspects of the water cycle, reproduction, organic decomposition and fertilization, insects and many secondary scientific concepts. This scientific education and appreciation for nature’s bounty leads to an understanding of the need to conserve resources and increase recycling and minimize human’s impact on the natural environment – all of which advance sustainability. The promotion of urban farms can also be viewed as a cutting edge economic development policy. Over the past decade, there has been a growing farm to table movement, which has increased the demand for organic locally grown produce. By allowing these uses within the City of Delray, the city will become a destination for food-growing entrepreneurs. Our local restaurants will also have greater access to these products. The synergy between urban farmers and restaurants and markets will result in economic gains, employment opportunities, and tax revenue and business tax licenses. Planning and Zoning Board Meeting of January 23, 2017 LDR Text Amendment for “Urban Agriculture” 7 REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed this item at their June 29, 2016 meeting and acknowledged support of this amendment. The Downtown Development Authority (DDA) reviewed this item at their July 11, 2016 and recommended approval. The Community Redevelopment Agency (CRA) reviewed this item at their July 14, 2016 and was supportive of the proposed amendments. The Green Implementation Advisory Board (GIAB) reviewed this item at their July 21, 2016 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed this item at their September 1, 2016 meeting and voted to recommend unanimous approval of the text amendment. The Historic Preservation Board (HPB) reviewed this item at their December 7, 2016 meeting. The Board voiced several concerns with the propose ordinance, namely, ensuring that the community gardens/urban farms are properly maintained; permitting the on-site sale of produce at a community garden; addressing specific requirements when an urban farm is accessory to an existing residential use; monitoring the use and run-off of pesticides; the height and size of permitted accessory structures, and utilizing the front yard of a residential lot for urban farming. The Board recommended approval on a 4 to 3 vote subject to the concerns and comments noted. ALTERNATIVE ACTIONS A. Continue with direction. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulation Section 4.3.3(D), Community Gardens, to repeal this section and to add a new section entitled Urban Agriculture, to amend Article 4.4 to remove Community Gardens and to permit Urban Agriculture as principal, accessory and conditional uses in specific zoning districts, amending Section 4.6.9 Off-Street Parking Regulations, Sub-Section 4.6.9(C)7 “Other Uses” and Table 4.4.13(K) “Minimum Number Of Off-Street Parking Spaces Required In The CBD” to establish parking requirements; amending Section 4.6.6 “Commercial And Industrial Uses To Operate Within A Building” to list Urban Agriculture as an allowable outside use; amend Appendix A “Definitions” to provide for related definition and provide specific design and review criteria for the new use, by adopting the findings of fact and law contained in the Staff Report, and a finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Move a recommendation of denial to the City Commission of the amendment to Land Development Regulation Section 4.3.3(D), Community Gardens, to repeal this section and to add a new section entitled Urban Agriculture, to amend Article 4.4 to remove Community Gardens and to permit Urban Agriculture as a principal, accessory and conditional uses in specific zoning districts, amending Section 4.6.9 Off-Street Parking Regulations, Sub-Section 4.6.9(C)7 “Other Uses” and Table 4.4.13(K) “Minimum Number Of Off-Street Parking Spaces Required In The CBD” to establish parking requirements; amending Section 4.6.6 “Commercial And I ndustrial Planning and Zoning Board Meeting of January 23, 2017 LDR Text Amendment for “Urban Agriculture” 8 Uses To Operate Within A Building” to list Urban Agriculture as an allowable outside use; amend Appendix A “Definitions” to provide for related definition and provide specific design and review criteria for the new use by adopting the findings of fact and law contained in the Staff Report, and a finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). RECOMMENDED ACTION Recommends approval to the City Commission of the amendment to Land Development Regulation Section 4.3.3(D), Community Gardens, to repeal this section and to add a new section entitled Urban Agriculture, to amend Article 4.4 to remove Community Gardens and to permit Urban Agriculture as principal, accessory and conditional uses in specific zoning districts, amending Section 4.6.9 Off-Street Parking Regulations, Sub-Section 4.6.9(C)7 “Other Uses” and Table 4.4.13(K) “Minimum Number Of Off-Street Parking Spaces Required In The CBD” to establish parking requirements; amending Section 4.6.6 “Commercial And Industrial Uses To Operate Within A Building” to list Urban Agriculture as an allowable outside use; amend Appendix A “Definitions” to provide for related definition and provide specific design and review criteria for the new use by adopting the findings of fact and law contained in the Staff Report, and a finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Report Prepared by Jasmin Allen, Senior Planner Attachments: Draft Ordinance No. xx-17 Community Gardens Policy Ord. xx-17 Page 1 of 12 ORDINANCE NO. xx-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.3(D) “COMMUNITY GARDENS”, TO REPEAL THIS SECTION IN ITS ENTIRETY AND TO ADD TO THE CODE A NEW SECTION ENTITLED “URBAN AGRICULTURE”; TO AMEND ARTICLE 4.4 TO REMOVE COMMUNITY GARDENS AS A PRINCIPAL USE AND TO ADD URBAN AGRICULTURE AS PRINCIPAL AND ACCESSORY USES IN SPECIFIC ZONING DISTRICTS; AMENDING SECTION 4.6.9 OFF-STREET PARKING REGULATIONS, SUB- SECTION 4.6.9 (C)7 “OTHER USES” AND TABLE 4.4.13(K) “MINIMUM NUMBER OF OFF-STREET PARKING SPACES REQUIRED IN THE CBD” TO ESTABLISH PARKING REQUIREMENTS; AMENDING SECTION 4.6.6. “COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING” TO LIST URBAN AGRICULTURE AS AN ALLOWABLE OUTSIDE USE; AMENDING APPENDIX A “DEFINITIONS” TO PROVIDE FOR RELATED DEFINITIONS AND PROVIDE SPECIFIC DESIGN AND REVIEW CRITERIA FOR THE NEW USE, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to promote local production of crops for local consumption and to promote the health, environmental, and economic benefits of having such uses in the City; and WHEREAS, the purpose and intent of this amendment is to encourage Community Gardens within the City of Delray Beach by removing them from the L and Development Regulations (LDRs) and making them a program that will be administered by City staff while adding Urban Agriculture to the LDRs as a land use within the City; and . WHEREAS, Urban Agriculture includes urban farms, commercial rooftop gardens, community gardens, and other innovative food production methods in a small area; and WHEREAS, Urban Agriculture offers the possibility of growing food and plants closer to the location of consumption and thereby increasing access to fresh produce for residents and local businesses; and Ord. xx-17 Page 2 of 12 WHEREAS, Community Gardens promote the local production of food for use or consumption by the individuals directly involved ; and WHEREAS, the City wants to make the process and oversight for Community Gardens more efficient and timely, while still providing rules and regulation to protect both the Community Garden and the neighboring properties; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on ________________, and voted _______________ to recommend that the changes be approved; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. Amend Section 4.3.3(D), “Community Gardens”, of the Land Development Regulations of the City of Delray Beach to repeal the current section in its entirety and to replace it with the following: Section 4.3.3 (D) Urban Agriculture (1) Purpose and Intent: The purpose of this section is to promote local production of food for consumption as well as non -food ornamental crops, such as flowers, cactus and shrubs and to promote the health, environmental, and economic benefits of having such uses in the City. a) Urban Agriculture includes commercial rooftop gardens, productive green walls, indoor farm facilities, urban farms, and other innovative food production methods in an urban area. Ord. xx-17 Page 3 of 12 b) Community Gardens and School Gardens are regulated by the City under the Community Gardens Program adopted by the City of Delray Beach via resolution and, as such, are not regulated by this Section. (2) Appearance: a) Urban Agriculture shall contribute to the appearance and aesthetics of the area and be compatible with surrounding land uses, resulting in no negative impact. The owner or lessee of the property on which Urban Farm is located shall be responsible for maintaining the property so that it does not become overgrown with weeds, infested by invasive exotic plants or vermin, or a source of erosion due to storm water runoff. b) If an outdoor farm is not actively maintained as an Urban Farm for 180 or more consecutive days from the issuance of the last water bill, a code citation will be issued and the Urban Farm shall be considered abandoned. The site of an abandoned urban farm shall be restored pursuant to LDR Section 4.6.16(I) and all exposed soil shall be planted with a suitable cover crop as approved by the City of Delray Beach Planning, Zoning and Building Department. (3) General Rules & Regulations: a) All forms of animal husbandry are prohibited. b) In compliance with Florida law, illegal or controlled plants, such as marijuana, invasive species, such as Old World Climbing Ferns and Air Potato vines, and any noxious weeds as defined by Florida Department of Agriculture and Consumer Services rule 5B-57.007, or Palm Beach County’s Article 14C of the Unified Land Development Code are prohibited. c) Honeybee colonies must be registered with the Florida Department of Agriculture and Consumer Services in accordance with Rule: 5B - 54.010, Florida Administrative Code. d) The site shall be designed and maintained so that the water used in the production of agricultural products, compost, and fertilizer will not drain onto adjacent property. e) Outdoor Urban Agriculture activities shall take place after sunrise or before sunset. Hours of operation will not be limited for indoor Urban Agriculture activities. The sale of produce, flowers, and plants shall not take place before 7:00 a.m. or after 9:00 p.m.at the on-site location. f) The Urban Farms site must comply with the Americans with Disabilities Act design standards for accessible routes if the site allows customers to pick their own produce or other product. Ord. xx-17 Page 4 of 12 (4) Site Standards: a) Urban Agriculture shall be compatible with respect to size and scale to the development in which they are located and this will be determined during the site plan review and approval process pursuant to LDR Section 2.4.5(F) and LDR Section 2.4.5(G). b) All outdoor plantings for crop production shall be setback a minimum of 15 feet from the front property line and 5 feet from the side interior or rear property lines. Corner lots shall maintain a 10-foot side street setback. All plantings shall comply with the visibility at intersection requirements pursuant to LDR Section 4.6.14. c) The Urban Agriculture site shall be served by a water supply sufficient to support the cultivation practices use d on the site. The use of City water services for irrigation may be permitted in accordance with Section 52.19 of the Code of Ordinances upon approval from the Director of the Environmental Services Department with the concurrence of the City Manager . A cistern or other rain catching device such as wheelbarrows is encouraged on site. d) Lighting used for the Urban Agriculture site shall be limited to that required for operational and safety purposes. Lighting shall comply with LDR Section 4.6.8 e) A perimeter fence or hedge for a ground level outdoor Urban Agriculture site is required. The use of decorative metal , wood masonry, pickets, wrought iron, or board-type wood is encouraged. The use of PVC or other synthetic materials is discouraged. The fence or hedge shall comply with Section 4.6.5 of the Land Development Regulations. Vegetative screening is encouraged and should consist of drought-tolerant South Florida native trees and shrubs and must be located outside the fence. f) For rooftop gardens, all equipment and containers shall be screened so they are not visible from the adjacent street. g) The following accessory structures shall be permitted on all Urban Agriculture sites: tool storage sheds, greenhouses, hoop houses, cold frames, raised/accessible planting beds, compost or waste bins, farm stands, restrooms, and offices, that are not used for cultivating crops. The height of these accessory structures shall not exceed the height of the associated principal structure and in no case be greater than 20 feet. The combined total square footage for all accessory structures for an outdoor urban farm shall not exceed 1/20th of the site. h) Within the Historic Districts, where an urban farm is accessory to a residential use, the Urban Farm shall not be located within the front setback. i) Within the Historic Districts all accessory structures associated with an Urban Farm shall be located to the rear of the principal structure(s). Ord. xx-17 Page 5 of 12 j) Compost and organic matter to be used on the Urban Agriculture site shall be stored in appropriate containers, which must be located on the subject site and shall be setback a minimum of 25 feet from the front property line and a minimum of 10 feet from all side and rear yard property lines. Compost bins shall be shielded from the adjacent right-of-way by plantings or fencing pursuant to LDR Section 4.6.5. Such containers shall be maintained to minimize odors, prevent run - off, and prevent the harborage of rodents and pests. k) Storage of toxic and flammable materials is regulated as follows: 1. Only fuel used for the operation of lawnmowers or other combustion engine-driven gardening machinery may be stored at the Urban Agriculture sites and shall be kept in sealed containers in locked, ventilated structures in accordance of the National Fire Protection Association (NFPA) Code 30: Flammable and Combustible Liquids and the Florida Fire Prevention Code (FFPC). No other flammable materials or chemicals may be stored on site. A maximum of 10 gallons of fuel is allowed to be stored at the Urban Agriculture sites at any given time. 2. Tires shall not be stored on site. 3. Toxic materials, such as pressure treated wood (creosote), shall not be used where they will come into contact with soils that are growing food. l) A management plan must be provided with the site plan application and shall be approved administratively by the Director of Planning, Zoning, and Building or their designee prior to review by the Site Plan Review and Appearance Board or the Historic Preservation Board. The management plan shall include: 1. A narrative describing the types of crop(s) to be grown, the hours of operation, and a detailed maintenance plan. 2. A list of chemicals, pesticides, fertilizers or any combination of same to be used as well as the frequency of use and shall indicate compliance with LDR Section 4.5.5(B) “Wellfield Protection Ordinance”. 3. On site water source and a water management plan addressing containment of run off onto adjoining properties, waterways or rights-of-way. 4. A description of proposed rain-capture systems including size, location and method of operation as well as how water stagnation will be prevented. 5. Photograph of the proposed Urban Agriculture site and existing structures. Ord. xx-17 Page 6 of 12 6. Description of composting activities including, location, size and means of containment. 7. Complete description of any aspects of the operation that may generate noise or odor on site and that may impact adjacent property. 8. Urban Agriculture management plans shall provide number of vehicles associated with the use and identification of permanent parking spaces on site, driveway, and drive aisle locations and the method of screening parking areas from adjacent properties and rights-of-way m) Signs shall conform to the standards set forth in Section 4.6.7 of the Land Development Regulations. n) Mechanical equipment used in the operation of outdoor Urban Agriculture sites that are located in districts that allow residential uses shall comply with the noise regulations in Chapter 99 of the Code of Ordinances and shall be limited to the following: 1. Riding/push mower designed for personal use. 2. Handheld tillers or edgers that may be gas or electrically powered. 3. Other handheld farming equipment that create minimal impacts related to the operation of said equipment, including noise, odors, and vibration. o) Required on-site parking shall be determined pursuant to the off -street parking regulations set forth in Section 4.6.9(C)(7)(m) of the Land Development Regulations. The design of on-site parking shall be pursuant to LDR Section 4.6.9 Section 3. Article 4.4 “Base Zoning District” is amended as follows: Section 4.4.1, “Agricultural Zone (A) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (A) District as a permitted use: (7) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: Ord. xx-17 Page 7 of 12 (5) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 4.4.2, “Rural Residential Zone (RR) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (3) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 4.4.9, “General Commercial (GC) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: T he following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a). (8) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (G)(3) Four Corners Overlay District: (a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5,8). Section 4.4.11, “Neighborhood Commercial (NC) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the NC District subject to the limitations per Subsection (H) as a permitted use: (4) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 4.4.12, “Planned Commercial (PC) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the PC District as a permitted use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(a): (1) All uses allowed as such within the GC District [Section 4.4.9(B)(1) through (5), and (7) and (8)]. Ord. xx-17 Page 8 of 12 Table 4.4.13(A), “Allowable Uses in the CBD Sub-Districts”, of Section 4.4.13, “Central Business (CBD) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: Table 4.4.13 (A) - Allowable Uses in the CBD Sub-Districts Central Railroad Beach W. Atlantic Core Corridor Area Neigh. 24-hour or late-night businesses, within 300' of residential property (see 4.3.3(VV)) C C C C Urban Agriculture [4.3.3 (D)] excluding Outdoor Urban Farms P, A P, A - P, A Outdoor Urban Farms [4.4.3(D)] C C C C Section 4.4.19, “Mixed Industrial and Commercial (MIC) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the MIC District as a permitted use: (8) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (6) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 4.4.20, “Industrial (I) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the I District as a permitted use: (6) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (7) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 4.4.21, “Community Facilities (CF) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: Ord. xx-17 Page 9 of 12 (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CF District as a permitted use: (10) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (6) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 4.4.24, “Old School Square Historic Arts District (OSSHAD) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (7) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 4.4.26, “Light Industrial (LI) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the LI District as a permitted use: (5) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (6) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). Section 4.4.29, “Mixed Residential, Office and Commercial (MROC) District”, of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the MROC District as a permitted use: (3)(d) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (7) Urban Agriculture, pursuant to regulations set forth in Section 4.3.3(D). Ord. xx-17 Page 10 of 12 Section 4. Amend Section 4.6.6(A) Commercial and Industrial Uses to Operate Within a Building add the following: (4) Urban Agriculture uses may be conducted outside pursuant to Section 4.3.3(D). Section 5. Amend Section 4.6.9(C)(7) On -Site Parking – Requirements for Other Uses to add the following: (d) Urban Agriculture Sites: Shall provide 1 space for every 2 acres or portion thereof of outdoor production area and 2 spaces for every 1,000 sq. ft. or portion thereof of gross floor area of buildings used for the Urban Farm (excluding sheds and other utility structures used only to house equipment and/or supplies.) Table 4.4.13(L) Minimum Number of Off-street Parking Spaces Required in the CBD Commercial Uses Hotels/Motels1 .7 space per guest room plus 1 space per 800 sf. of meeting rooms and shops Business and Professional Office <10,000sf 1 space per 500 sf. of net floor area Business and Professional Office >10,000sf located more than 750 feet from a public parking garage or Planned Tri-Rail Coastal Link station 1 space per 300 sf. of net floor area Business and Professional Office >10,000sf located within 750 feet of a public parking garage or Planned Tri-Rail Coastal Link station 1 space per 500 sf. of net floor area Retail and Commercial Uses 1 space per 500 sf. of gross floor area Restaurants and lounges (including those located within hotels/motels) NOT in the Atlantic Avenue Parking District 6 spaces per 1,000 sf. of gross floor area Restaurants and lounges (including those located within hotels/motels) in the Atlantic Avenue Parking District 12 spaces per 1,000 sf. for the first 6,000 sf. Plus 15 spaces per each additional 1,000 sf. Urban Agriculture 1 space for every 2 acres or portion thereof of outdoor production and 2 spaces for every 1,000 sq. ft. or portion thereof of gross floor area of buildings used for the Urban Farm (excluding sheds and other utility structures used only to house equipment and/or supplies.) Ord. xx-17 Page 11 of 12 Section 6. Amend Appendix A: Definitions (Add the following definitions): Animal Husbandry: An agricultural business for the breeding and caring for farm animals. Community Garden: Any piece or pieces of land gardened by a group of people, utilizing either individual or shared plots on private or public land. The land may be used only for the production of fruits, vegetables, herbs, edible mushrooms, flowers, and/or ornamental plants and the gardens are reviewed by the City’s Green Implementation Advancement Board, pursuant to the Community Garden Program. Greenhouse: An enclosed structure (usually with glass) for the production of fruits, vegetables, herbs, flowers, and/or ornamental plants. Rooftop Gardens: A garden located on the roof of a building that is used for the commercial and/or private production of fruits, vegetables, edible mushrooms, herbs, flowers, and/or ornamental plants. School Gardens: Garden plots that are own ed by or used exclusively by a public or private school and are used exclusively for educational or on site consumption purposes to teach students about the production of produce fruits, vegetables, edible mushrooms, herbs, flowers, and/or ornamental plants. Urban Agriculture: The science or practice of farming within the city limits of the City of Delray Beach that includes the cultivation of the soil for the growing of crops to provide food and other plant based products. Urban Farm: A small-scale commercial operation which includes the production and sale of fruits, vegetables, edible mushrooms, herbs, flowers, and/or ornamental plants which may be conducted indoor or outdoor. Section 7. That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this Ordinance shall become effective immediately upon its passage on second and final reading. Ord. xx-17 Page 12 of 12 PASSED AND ADOPTED in regular session on second and final reading on this ________ day of ___________________________, 2017. ________________________ Cary D. Glickstein, Mayor ATTEST: ______________________ City Clerk First Reading ________________ Second Reading ________________ 1 CITY OF DELRAY BEACH Community Gardens Policy Photo credit: Cason Community Garden 2 Introduction Community gardens benefit public health, the environment, the economy and the quality of life in neighborhoods, as they bring residents together for a communal outdoor activity. The local production of fruits, vegetables and herbs promotes healthy diets, addresses urban food deserts and mitigates food insecurity by allowing gardeners to supplement food purchases or donate surplus harvest to organizations that provide assistance to those in need. Moreover, gardens with plants and flowers provide bird, bee and butterfly habitat and offer opportunity for social gathering, recreation, education, and beautification of the community. Community gardens are defined as green garden spaces, often within urbanized areas, that are communally cared for and cultivated. The garden may consist of individually-worked plots or communally-tended areas and grow horticulture plants, trees, flowers, vegetables, fruits, and herbs primarily for the use of those involved in the project. Community gardens differ from Urban Farms, which may be small and have the likeness of a community garden, but are commercial operations that sell goods and services to the public and businesses for profit, and are thus regulated under the Urban Farming category of the Local Development Regulations. Unlike agricultural uses taking place on agriculturally-zoned land, the community garden’s property owner can NOT seek an agricultural tax exemption afforded by local, state or federal tax regulations. The City of Delray Beach supports the community garden movement and has developed a Community Garden Program to facilitate the establishment of gardens in the city. The program is comprised of clear Garden Policy Guidelines on design, operations and maintenance requirements, an Application Package and approval process, and an annual Activities Report to track and communicate with garden mangers. By clarifying public expectations around community garden activities, the City hopes to avoid adverse environmental impacts or incompatible land uses, thus allowing community gardens to be created as a “primary” land use, not an “accessory use”, and operate outside of the formalized Local Development Regulations. Although the Community Garden Program establishes a process for registering and monitoring gardens, the City neither sponsors nor organizes the gardening activities. Instead, local residents are encouraged to organize a gardening club, identify suitable land for establishing the garden and develop their own Garden Management Plan (GMP) to regulate and enforce the activities and operation of their garden. The GMP, which is submitted as part of the application for City approval, becomes the document governing all member activities in that space. In this way, community members control and enforce their own rules for their garden. The City will monitor the garden’s appearance, and will only get involved the garden’s operations if the garden’s becomes unsightly, a public nuisance or if a health or safety issue emerges. Once a community garden is properly established, the city will endeavor to aid the garden’s activities by providing the most favorable rates for water supply available by law, arranging for no fee garbage collection, promoting the garden and its activities with a link on the City’s Sustainability webpage, and facilitating the garden’s collaboration with the Delray Green Market and other local initiatives. 3 Community Garden Program Components The Delray Beach Community Gardening Program consists of: Garden Policy Guidelines regarding design, operation and management of a community garden; An Application Package including a copy of the proposed Garden Management Plan, and; An annual Activities Report that documents the garden’s activities, upkeep and future plans. The Community Garden Program will be overseen by the City’s Green Implementation Advance Board (GIAB) with the assistance of the Sustainability Officer, which serves as the Board’s liaison. Issues of enforcement related to upkeep or poor operations will be forward to the City’s Community Improvement Department. Prior to beginning the application and preparing the GMP, garden organizers are encouraged to review the Garden Policy Guideline in this document to determine if their proposed activities would fall under the Community Garden Program or the Urban Farming category, and secondly ensure that the garden’s design and the important GMP will meet the criteria for approval. All Community Gardens in the City are subject to the adopted Community Garden Program. Gardens that were established prior to the adoption of this program will not be required to redesign the garden, unless they alter the site design more than 50%. Within one year of the adoption of the Community Garden Program, existing gardens will be required to submit a Community Garden’s, including a site design and Garden Management Plan. They will also be required to submit the annual Activities Report and be granted renewal permission going forward. As part of the Community Garden’s Program, the City has created a page under the Sustainability section of the City’s webpage, devoted to the Community Garden Program. The Community Garden Program’s Garden Policy Guidelines, the Application Package materials and Activities Report form can be found on the City’s webpage under the Sustainability topic. The webpage provides links to resources in the local community and other national gardening programs, as well as links to model documents from other community garden organizations that can be used to develop the Garden Management Plan and other components of the application. The webpage will also have links to each of the registered gardens in Delray Beach, allowing the public to read and learn about their activities. . . 4 I.Community Garden Policies Garden Location Garden Activities and Hours of Operation Garden Design Garden Maintenance Garden Administration Garden Locations A community garden can be established on vacant parcels or concurrent with structures containing other land uses in any zoning district. Gardens can be located on privately-owned or publically-owned land, with agreement of the landowner. An approved standard land use agreement can be found on the website and submitted with the application. Gardens and the land owner can also craft their own, if it meets the requirements of the standard form. Roofs of multifamily or condominium apartment buildings may also be used for community garden uses so long as the plantings are containerized in pots or planters and not integrated within the roof membrane. (Green roof installations designed as part of the structure are governed by the city’s building code.) Requests for use of publically-owned parcels must be made to the appropriate Delray Beach municipal department or government agency that holds title. Garden organizers are encouraged to discuss plans for creating a garden with owners of adjacent properties, as this fosters good will within the community and manages the expectations of the activities and aesthetics of the garden. As gardens grow food for human consumption, and are likely located on land previously used for other purposes, garden organizers are encouraged to research previous uses on the site to weigh the possibility that the soil could be contaminated with toxic substances. Residential land is less likely to be contaminated, but former industrial land could potential pose a risk. Garden organizers are encouraged to test soils on parcels that may be contaminated, or use a raised bed garden plot so as not to be exposed to site pollutants. Garden organizers may also choose to get soil analysis performed by University of Florida in order to learn about the soil’s nutrient content. Forms for submitting soil samples are provided by UF Agricultural Extension, and a link to this website can be found in the Community Garden section of the Delray Beach website. Garden Activities and Hours of Operations A community garden’s primary activities are the cultivation of horticulture plants, fruits, vegetables and herbs for the consumption and enjoyment of the garden’s members. The objective of the community garden program is to encourage gardening for recreation, education and wellbeing, and to supplement food needs, which is distinctly different than the economic activity of an urban farm. The community garden can also be used to create compost for on-site use, and is permitted to store and have storage 5 structures for garden-related tools and materials. Additionally, because garden is intended to build community pride, it may be used as a meeting place for educational programs, fundraising events and administrative meetings on a limited basis. A community garden is not a commercial operation, thus gardens are not permitted to grow produce, plants and flowers, or create compost primarily to profit from their sale. Applicants that wish to grow and sell produce and plants for profit should review the Urban Farming Section 4.3.3D of the Land Development Regulations and seek a permit for an urban farm. Community garden members are encouraged to donate surplus food to organizations that help feed less privileged members of the community. Garden members may sell surplus harvest retail preferably at a community green market, (like the Delray Green Market) or on site once weekly for a three-hour period to support the garden’s collective operating costs, or to recover expenses associated to the individual gardening activities of its members. These expenses can include tools, tool maintenance, water and electric costs, soil, seeds and plants for planting, permit or plot rental fees, and modest administrative costs. No permanent structure for retail sale can be constructed on site, but temporary stands or displays that can be rolled out then put away are permissible. We strongly suggest that the garden managers arrange for insurance liability coverage to protect the garden and the individual members from potential litigation associated to sale of the produce. In compliance with Florida law, illegal or controlled plants, such as marijuana, invasive species, such as Old World Climbing Ferns and Air Potato vines, and any noxious weeds as defined by Florida Department of Agriculture and Consumer Services rule 5B-57.007, or Palm Beach County’s Article 14C of the Unified Land Development Code are prohibited. Members of the garden are also prohibited from raising rabbits, poultry or other livestock. Gardens wishing to maintain beehives must comply with state statute FS 586.10 which regulates activities related to Honeybee hive locations, inspections and maintenance.See http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Displ ay_Statute&Search_String=586&URL=0500-0599/0586/Sections/0586.10.html Community Garden’s hours of operation shall be limited from dawn to dusk seven days a week, with the exception of the garden club’s administrative meetings and special events, which may occur after dark but must conclude by 10 pm. Evening events are limited to twice monthly. Gardeners are expected to keep noise levels low (radios, pets, children), and be mindful of the limited parking availability so as not to disturb adjacent neighbors nor impede normal traffic flow. No machinery can be operated before 8:00 a.m. or after 7:00 pm seven (7) days a week. Garden Design Community gardens are permitted aesthetic creativity in design and signage, but are expected to comply with the following standards. Garden plantings shall be set back a minimum of 5 feet from the front property line and 3 feet from the interior side or rear property lines. The site design should take into consideration access to plots by the gardeners, as well as circulation through and around the gardened 6 areas. The garden layout and plots should not allow water, soil, and fertilizer run off onto adjacent properties or the public right-of-way. This can be achieved using raised boxed plots, small berms, planted swales, and the judicious placement of walking paths. Plants that grow taller than 5 feet should be placed in such a way that they do not encumber circulation, overhang the street, or impair visibility into the site, as this is a critical concern of law enforcement charged with public safety. A shed and/or a greenhouse, collectively no larger than 160 square feet, may be placed on site in a location that has the least negative aesthetic impact from the street and for the neighbors. Shed structures will require a building permit in keeping with Delray Beach’s Building Code. Compost shall be stored in an appropriate closed container that minimizes odors, prevents run-off, and does not allow the harborage of rodents and pests. Accessory composting may only occupy up to 7% of a ground-level community garden property. No composting operations or structures may be placed within 10 feet of property lines abutting a residential building. If the garden is in a residential or commercial zone, no composting operations or structures may be located in the first 15 feet of the front yard or a 10 feet of the side yard abutting a street. Composting activities and waste bins should be screened from view from the public and adjacent neighbors using plants, trellis or fencing. The compost activities must be carefully monitored so it is not a neighborhood nuisance. A perimeter fence is encouraged to delineate the space and deter intruders. Any new fence can be no higher than 4 feet on the primary frontage and front setback, and 6 feet on the side and rear line. Any new fence material on any street frontage should not be more than 75% opaque, and all fencing should complement the aesthetics of the garden and be maintained in good order. If the garden is fenced with a chain link fence which is not green or black vinyl coated, hedge plantings are required on the outside, in accordance with the city’s landscape code. Within the garden, appropriate outdoor furnishing including a picnic table, seating benches, open gazebo, trellis, potting workbench, water fountain/feature and bird feeders are permitted to enhance the enjoyment and aesthetic of the garden, so long as they do not pose a safety risk or invite unwanted loitering. No indoor furniture, household appliances, sports equipment, permanent barbeque grills, fire pits or non-functioning vehicles may be placed on the property. A portable barbeque grill may be used for special occasions and stored in the shed. No toxic materials, except for organic fertilizer or organic pesticide, may be stored on the property. Flammable materials, like gasoline or oil for motorized tools, are limited to one gallon for use for power tools, and must be in appropriate no-spill gasoline containers and stored in a locked and ventilated shed. Gardens may be adorned by art and sculpture so long as the aesthetic is agreeable to the community. The garden will be identified by signage on the street frontage that states the garden’s name and the street address. A second sign identifying general rules of conduct in the garden and contact information for the Community Garden manager should be placed prominently on the property’s interior. All signs should be no larger than 12 square feet and 5 feet tall. Garden Care and Maintenance Community gardens are intended as both a place of sustainable agricultural production and a community open-space amenity. As such, gardens should implement organic growing practices, employ water and energy conservation techniques, and most importantly, maintain an aesthetic that is pleasing to the surrounding community. Sustainable gardening practices are not prescriptive, but generally 7 prohibit the use of pesticides, herbicides, weed killers, or insecticides made from synthetic chemical materials. Washing or cleaning of equipment must not contaminate the soil. Soaps and detergents used on site must be biocompatible. Watering is critical to abundant production, however, gardens must also use natural resources prudently and avoid wasting water or having water run-off. Gardens should identify a source of water in their GMP and plan appropriately for water billing. Gardens may make arrangements with adjacent properties for a source of water, or request that an irrigation meter be installed. The garden will be responsible for the costs associated with the irrigation meter, (a ¾ inch pipe and meter runs approximately $1,300) and the cost of installing a spigot for service. The city will offer gardens the best rate available by law) Hand watering or supervised sprinkling provides a high degree of control and is the preferred, when possible. Automatic sprinkling is permitted, but care should be taken to minimize water waste and run-off of fertilizer, earth or groundcover. Garden’s should consider water harvesting infrastructure that would allow capture and storage of rain water in appropriate containers. It is critical that the garden be maintained to a high visual standard, one that is acceptable to neighbors and the City. A pleasing aesthetic is subjective, but includes at minimum, that: Plants be maintained at manageable height and density (no overgrowth that can reduce visibility); Weeds and dead or dried plants are removed, so that the garden’s assets are appreciated; Tools, water hose and garden materials are stored in an appropriate location or shed, and not left out after garden activities are completed; Un-used plots and non-farmed areas of the parcel are kept neat and free of overgrowth No litter or trash is left on the site; Compost bins are tended, their odor is minimal and the compost does not attract animals; Art and sculpture placed on the site must be proportionate and not offensive to the public; Fencing, signage and outdoor furniture, if installed, is maintained in good condition, repaired and repainted when necessary. The community garden’s manager as identified in the application and the participating garden members are responsible for ensuring that the garden is maintained at an acceptable standard. Trash and recycling generated at the site must be placed in appropriate containers and discarded weekly. Trash receptacles must be stored in a screened area and moved to the curb the evening before collection and moved away from the curbside as soon as possible after trash pick-up. The garden manager must monitor the site and ensure that any containers that may collect water are drained and dry to minimize mosquito breeding. Gardens that fail to maintain a pleasing appearance will be contacted by Delray Beach’s Code Enforcement Officers, and possibly cited. Complaints received by the city from neighbors or other stakeholders will be forwarded to the garden managers for remedy. The garden’s members must address the noted concerns within 15 days. Gardens with three or more citations within a 6-month period will be placed on probation; their Activities Report and renewal request will not be accepted until the concerns 8 are addressed. Gardens with five or more code citations in one calendar year are will not have their permits renewed. The garden will operate at the will of the owner or by the terms of the lease, and must vacate the land if the owner withdraws approval or the lease expires. At the time that the garden permanently ceases operation the garden manager must ensure that, the land is returned to a stable condition that preserves the integrity of the soil and the surrounding environment. Improvements on the lots should be removed and low, slow growing native vegetative ground cover should be installed. The garden’s assets, which may include the shed, machinery and materials used for the gardening activities belong to the gardening organization, unless specified differently in the land use agreement, and must be removed if the activities of the garden cease. Use of the property for the garden and its improvement does not provide the garden organization the rights of adverse possession. Administration At the heart of the community gardening concept is the communal aspect of collective work and responsibility. Thus, to initiate and operate a community garden at least three (3) non-related individuals must be involved in the garden’s operation. The garden management team must appoint one financially responsible party and an alternate to be listed as the contact person for official communication. The garden must have in place a Garden Management Plan (GMP). The GMP, is the garden’s operating policy document allowing the garden manager to control and enforce activities in the garden. For this reason, the City wants garden organizers to be thoughtful in creating the GMP. Among the topics addressed would be site plan/design, how plots are allocated or farmed in a communal garden model, distribution of the harvest among members in communal garden, appropriate plantings, and regulation of fertilizer, pesticide (only organic are permitted), water use, the standard of maintenance and appearance required for plots, gardener’s responsibility toward upkeep of the common areas, and the fee schedule for use of the garden. Gardens are expected to meet their financial obligations in terms of utility bills. The GMP should develop a budget that will allow the garden to be financially sustainable, thus projecting the amount of external funding and retail sales needed to keep the garden operating. If asked, the City will provide a letter of support to garden’s applying for external grant funding. In preparing the budget, it should be noted that a community garden is not an agricultural use. The property owner shall be prohibited from seeking an agricultural tax exemption afforded by the local, state or federal tax regulations. To protect both the property owner and the garden’s organizers, it is important that the garden management team obtain appropriate liability insurance, especially if the garden is growing produce for human consumption. At minimum, the garden members should sign a Release of Liability and Hold Harmless statement prior to working in the garden. These waivers must be printed, signed and kept current by the management team. A sample form used by other organizations and contact information of insurance companies that write policies for community gardens can be found on the webpage. 9 Community gardens are encouraged to develop a unique branding and an outreach program that contributes to its identity as a community asset and keeps both garden members and surrounding neighbors informed and engaged with the garden’s activities. Garden organizers should consider integrating educational activities into the garden operations; availing themselves of experts from local universities, schools and gardening clubs. Communication materials should provide information about the activities and contact information for the garden manager. Community outreach can take the form of a newsletter, a webpage, or an on-site sign posting upcoming events. Once a year, on the first of October, the garden is expected to provide the City an Activity Report and a renewal request. This form is available on the City’s website under the Sustainability tab and should be submitted to the Environmental Services Department. II. Application Package To establish a community garden, the organizers must prepare an Application Package comprised of: 1. An application form, which can be downloaded from: www.XXXXXXXXXXX 2. A liability insurance policy and/or policy statement of Release of Liability and Hold Harmless 3. The affidavit acknowledging the guidelines of the Delray Beach Community Garden Program. (Link to Affidavit) 4. Permission of Land Use agreement with the property owner. The form can be found at XXXX 5. A copy of Property Owners Warranty deed or Tax Record 6. A Garden Project Management Plan* (GMP) - see specifics below Please gather items 1 -5, attach 1,2 and 3 in one paperclip, and 4 and 5 in a separate paper clip. Item 6, The Garden Management Plan should be submitted as a bound booklet containing the site plan and any supporting information, the narrative section describing the policies and a cover including the name of the proposed garden and the contact information for the organizers. Submit the Application materials and the GMP together in one large envelop to the City’s Sustainability Officer at 434 S. Swinton Avenue, Delray Beach, 33444. Once the application is received, it will be reviewed by the City’s Green Advancement Implementation Board for approval at one of the Board’s regularly scheduled meetings held the third Thursday morning of each month. The approval process may take up to 1 month, often less. Any deficiencies in the site plan or GMP will need to be corrected prior to approval and commencement of operations. *The Garden Management Plan (GMP) The Garden Management Plan (GMP) is created by the community garden organizers and its members, and lays out all the policies and rules pertaining to that garden, its operation and upkeep. The GMP is submitted as part of the Application Package for City approval, and becomes the document governing all member activities in that space. In this way, community members control and enforce their own rules for their garden. By requiring the garden organizers to take care in crafting a comprehensive GMP, the City 10 hopes that the garden manager has considered the complexities that might arise and is moving forward on the Community Garden project with a solid plan. There are many excellent examples of Garden Management Plans available on the internet. Garden organizers are encouraged to review several and borrow ideas and concepts from the best practices. Another approach is to take the items listed under #3, and create a heading for each bullet point. Under the heading, write text that paraphrases the language and intent of the policies outline in the Community Garden Policy Guideline section. Develop a sketch of the planned garden with key measurements included and place it as an appendix. Create a cover with the contact information, table of contents and bind the booklet. Each new member of the garden should be provided an opportunity to review the GMP before participating in the garden. The Garden Management Plan Document should include the following: 1. Contact information for garden manager and one alternate responsible for financial and maintenance oversight of the property. 2. A site plan (a sketch of the garden’s plan design, not to scale but with key measurements written in), description and photos describing: the number and size of plots, and or description of cooperative/communal model fencing materials, heights and location location of storage shed, greenhouse and composting area (if applicable) source of water and electrical types of plants planted (keeping in mind tree height and canopy issues) photos of the site, the adjacent parcels and parcels across the street 3. Narrative description of management and maintenance policies addressing: Name and address of Garden Days and hours of operation Summary Description – name of organization, goals and objectives of project What you can and can’t grow in the garden Minimum and maximum number of proposed users A description of how plots will be allotted to members and or description of cooperative/communal model and how products are distributed to members A proposed annual budget and fee schedule for garden members that ensures water utilities and other expenses are covered. The gardeners’ responsibilities in terms of plot maintenance and up-keep of common areas. An environmental sustainability policy prohibiting the use of non-organic pesticides, limiting fertilizer use, restricting invasive plant species and establishing a water conservation strategy. A description of composting activities, and location of these activities on the site with a focus on preventing unsightly appearance and unpleasant odors. Policy on the use and maintenance of mechanical equipment, particularly those that produce noise or odor or can easily result in injury. A sample of the Release of Liability and Hold Harmless statement each member will sign 11 A policy statement discussing access for children and pets, and use of the site for activities other than gardening. A description of how members will enforce their own rules. A description of any educational programming planned for the site, if applicable. A description of how the members of the garden and community can stay informed of garden initiatives and how the garden will foster community cohesion and cooperation. If you have established a webpage or social media account for the garden, please provide us the URL so we can create a link to the site from the City’s webpage. III. Activities Report Once a year, by the first week of October, the garden’s management team is required to submit an Activities Report summarizing the garden’s operations during the year and plans for the coming year. The Activity Report allows the City to track and develop metrics of the gardens’ operations, be aware and possibly provide assistance on issues that are problematic, and offer positive feedback or alert garden organizers to opportunities for growth and collaboration with other organizations. The Activity Report, which also serves as the request renewal form, asks for updated contact information, two current photos of the garden and responses to eight straight forward questions. If there is a change in leadership during the year, a new Activities Report should be submitted early so that the City maintains current contact information for the garden management team. It is available on the website for download. The Activity Report will be reviewed by the Green Implementation Advancement Board for approval. All gardens in good standing that submit an Activities Report will typically be viewed favorably. The GIAB may also provide feedback to address any issues raised about the garden’s condition, or recommend that the garden be closed down, if the garden is not upholding the standards of their GMP. Garden’s denied a renewal request will be given the opportunity to remedy the issues raised and resubmit the Activities Report, the following month. In this case, it is recommended that representatives of the garden attend the GIAB meeting to discuss the garden’s activities with the Board. Contacts For questions about application or approval process, please contact Dr. Ana Puszkin-Chevlin, Sustainability Officer at 561 243-7324, or puszkinA@mydelraybeach.com For questions about sale of produce and/or flowers at the Delray Beach Green Market please contact Laurie Nolan at the Community Redevelopment Agency 561 276-8640 12 MEMO To: Planning & Zoning Staff From: Ana Puszkin-Chevlin, Sustainability Officer Date: January 11, 2017 Re: Community Garden Program and Guidelines Background: In June of 2011, the City of Delray Beach adopted new land development regulations pertaining to community gardens. The city sought to control the site design, appearance and operation of gardens that were being established as some resident were uncomfortable about the garden locations and aesthetics. While the City seeks to encourage sustainable practices, including local production of food and plants, the LDRs adopted in Section 4.3.3 (D) created several hurdles that substantially hinder the establishment of community gardens, while not effectively curtailing the perceived nuisances they were intended to eliminate. By late 2015, community garden advocates and city staff concluded that policy approach of regulation via LDR may not be appropriate for community gardens, as these activities are simply collective gardening, a low intensity use that is widely permitted on private property. The Sustainability Officer of the City at the time was asked to frame a new policy approach that reduced the burdens created by the LDR, but also addressed the concerns over aesthetics, proper management and oversight. It was also determined that while the City of Delray Beach supports the community garden movement, the City was not in the position to create a city-sponsored and operated community garden. Additionally, in consultation with the Planning and Zoning Department, it was concluded that activities related to urban agriculture should be separated into two broad categories, Urban Farming, which would require new LDR language, and Community Gardens, which should be removed from the LDR and managed through a more flexible “program” that was city-organized, but and citizen-regulated. A new Sustainability Officer joined the City in April 2016 and began framing a new Community Garden Program and crafting policy guidelines that would balance the interest of the garden advocates, community residents and policymakers. After researching state regulations and programs in several Florida cities, as well as reviewing exemplary models in other states, the proposed Community Garden Program and associated Garden Policy Guidelines were drafted. The program is comprised of submitting an Application Package that is reviewed and approved by the City’s Green Implementation Advisory Board (GIAB). The application package consists of forms that document the garden’s location and leadership, a land-use agreement between the garden organizers and property owner, an affidavit acknowledging review of Delray Beach’s Community Garden Program guidelines, and most importantly, the preparation and submission of a written Garden Management Plan (GMP). The GMP, which is created by the garden’s members, is the key document that describes all the operations and rules governing that specific garden, including its design, operations, maintenance and the responsibilities of its members. Each GMP will be unique, but all must reflect the guidelines established in Delray’s Community Garden Program. By clarifying public expectations around community garden activities, documenting the garden management’s approach, the City hopes to avoid adverse environmental impacts or incompatible land uses, thus allowing community gardens to be created and operate outside of the formalized Local Development Regulations. Additionally, the Community Garden Program requires submission of an annual Activities Report, which is reviewed by the Green Implementation Advancement Board. This allows the city to receive updated contact information, track and promote the garden’s successes, provide assistance if necessary, and withhold approval to continue operating if the garden fails to comply with their GMP, or the community has noted numerous complaints about the garden’s operation. To capture the depth and breadth of the program, one should read the Community Garden Program materials attached and review the forms and requirements for the Application Package. Nevertheless, to facilitate a review of the new policy guidelines, a comparison of the Community Garden Program guidelines and the current LDRs is provided below. This summary does not include all the details, but rather highlights the similarities and differences that are of typical concern to Delray Beach residents. Existing LDR Language New Community Garden Policy Guidelines LDR Section Appearance 4.3.3 (D) 2a All community gardens on single- family lots within Single-Family Residential, Low Density Residential, and Medium Density Residential zoning districts, shall require administrative plan approval through the Community Improvement Department Community Gardens can be located in any zoning district, and not just on Single Family lots. They also can be situated on roof tops, 4.3.3 (D) 2b The owner of the property on which the garden is located shall be responsible for maintaining the property so that it does not become overgrown with weeds, infested by invasive exotic plants or vermin, or a source of erosion The Community Garden manager is responsible for the property appearance. The standards of appearance are the same and more specific. Plants be maintained at manageable height and density (no overgrowth that can reduce visibility); Weeds and dead or dried plants are or storm water runoff. If the property is not used as a community garden for 120 or more consecutive days, the site shall be restored back to its pre- Community garden condition removed, so that the garden’s assets are appreciated; Tools, water hose and garden materials are stored in an appropriate location or shed, and not left out after garden activities are completed; Un-used plots and non-farmed areas of the parcel are kept neat and free of overgrowth No litter or trash is left on the site; Compost bins are tended, their odor is minimal and the compost does not attract animals; Art and sculpture placed on the site must be proportionate and not offensive to the public; Fencing, signage and outdoor furniture, if installed, is maintained in good condition, repaired and repainted when necessary. No indoor furniture, household appliances, sports equipment, permanent barbeque grills, fire pits or non-functioning vehicles may be placed on the property. A shed and/or a greenhouse, collectively no larger than 160 square feet, may be placed on site in a location that has the least negative aesthetic impact from the street and for the neighbors. Shed structures require a building permit. Unused gardens must be returned to stable condition, not the same. General Rules & Regulations Dawn to dusk, but not stated Community Garden’s hours of operation shall be limited from dawn to dusk seven days a week. Meetings and special events can occur after dark, but must conclude by 10pm and are limited to twice monthly. No machinery can be operated before 8:00 a.m. or after 7:00 pm seven (7) days a week. 4.3.3 (D) 3a Sale of produce and plants at the site are prohibited Sale of produce is permitted once a week for a period of three hours. Sales volume is restricted to levels of recouping costs associated with managing the garden. No permanent structure for retail sale can be constructed on site. 4.3.3 (D) 3c The use of pesticides, herbicides and weed killers, or insecticides made from synthetic chemical materials and chemicals is prohibited. The use of materials and practices used for organic production (guidelines) is strongly encouraged. Same organic standards are required 4.3.3 (D) 3e The community garden shall grow at least four (4) different food crops and/or non-food crops. No gardening activities shall take place before sunrise or after sunset. 50% or more of the planting area shall be in production at all times. No minimums are required on diversity of plants or the amount of land actively gardened. Other activity uses for the garden are specified and regulated. 4.3.3 (D) 3f The property owner shall be prohibited from seeking an agricultural tax exemption afforded by the local, state or federal tax regulations Same as ordinance Site Standards 4.3.3 (D) 4a Community gardens are primarily intended to occupy infill lots in single family subdivisions, thus a garden shall not be greater in size than the standard lot within the neighborhood it is located. Multiple infill lots are not to be combined, nor developed with individual gardens adjacent one another. Gardens are not restricted in size. The garden must be the efforts of three or more non- related individuals 4.3.3 (D) 4b All planting shall be planted no closer than 15 feet from the front property line and 10 feet from the interior side or rear property lines. Corner lots shall maintain a 15- foot side street setback Planting should be no closer than 5 feet from the front property line and 3 feet from the interior side or rear property line. Plants that grow taller than 5 feet should be placed in such a way that they do not encumber circulation, overhang the street, or impair visibility into the site, as this is a critical concern of law enforcement charged with public safety. 4.3.3 A perimeter fence or hedge is A perimeter fence is recommended. No (D) 4d required for all gardens. The fence or hedge shall comply with LDR Section 4.6.5 and must have a drive through gate to accommodate trucks and other equipment that may be used from time-to-time as a part of the gardening maintenance. requirement for a drive-through gate. Fences that are erected must follow the following: Any new fence can be no higher than 4 feet on the primary frontage and front setback, and 6 feet on the side and rear line. Any new fence material on any street frontage should not be more than 75% opaque, and all fencing should complement the aesthetics of the garden and be maintained in good order. If the garden is fenced with a chain link fence which is not green or black vinyl coated, hedge plantings are required on the outside, in accordance with the city’s landscape code. 4.3.3 (D) 4e Compost and organic matter to be used for the community garden shall not be stored in open air. They shall be contained in appropriate containers, which shall not be located with a 25-foot front setback nor 15-foot side street setback from all rights-of- way and shall be a minimum of 10-foot setback from all interior property lines. Compost shall be stored in an appropriate closed container that minimizes odors, prevents run-off, and does not allow the harborage of rodents and pests. Accessory composting may only occupy up to 7% of a ground-level property. No composting operations or structures may be placed within 10 feet of property lines abutting a residential building. Garden is in a residential or commercial zone, no composting operations or structures may be located in the first 15 feet of the front yard or a 10 feet of the side yard abutting a street. Composting activities and waste bins should be screened from view from the public and adjacent neighbors using plants, trellis or fencing. 4.3.3 (D) 4f Storage of toxic and flammable materials is not allowed. No tires are allowed to be stored on-site. Similar restrictions on toxic. No toxic materials, except for organic fertilizer or organic pesticide, may be stored on the property. Flammable materials, like gasoline or oil for motorized tools, are limited to one 1 ¼ gallons, and must be in appropriate no-spill gasoline containers, and stored in a locked shed. 4.3.3 (D) 4g One sign is permitted, which shall not exceed 16 square feet and with a maximum height of 5 feet The garden will be identified by signage on the street frontage that states the garden’s name and the street address. A second sign identifying general rules of conduct in the garden and contact information for the Community Garden manager should be placed prominently on the property’s interior. All signs should be no larger than 12 square feet and 5 feet tall. City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-422,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Neal de Jesus, Interim City Manager DATE:May 16, 2017 RESOLUTION NO. 40-17 ADOPTING A COMMUNITY GARDENS POLICY Recommended Action: Motion to Approve Resolution No. 40-17 adopting a Community Gardens Policy to provide guidelines and standards to encourage community gardens. Background: In June of 2011, the City adopted amendments to the land development regulations pertaining to community gardens. The City sought to control the site design, appearance and operation of gardens that were being established, as some resident were uncomfortable about the garden locations and aesthetics. The new regulations created several hurdles that substantially hinder the establishment of community gardens, while not effectively curtailing the perceived nuisances they were intended to eliminate. By late 2015, community garden advocates and City staff concluded that the regulatory approache may not be appropriate for community gardens, as these activities are simply collective gardening, a low intensity use that is widely permitted on private property. City staff was asked to frame a new policy to address the concerns over aesthetics, proper management and oversight. Additionally, in consultation with the Planning and Zoning Department, it was concluded that activities related to urban agriculture should be separated into two broad categories. Urban Agriculture, in the form or urban farming would be regulated by new LDR language. Community Gardens, would be removed from the LDR; managed through a more flexible “program” that was citizen-organized, included oversite by the Green Implementation Advancement Board, but could ultimately be enforced by the City. In May of 2016, a new Community Garden Program was crafted aimed to balance the interest of the garden advocates, community residents and policymakers. State regulations and community garden programs in several Florida cities were examined, as well as exemplary models in other states. Organizers of the local community gardens were provided copies of the text and their comments and concerns were incorporated into the draft document. The program concept, the forms and reports, and the guidelines for design, operations and maintenance were vetted by the GIAB, which recommended approval at their July 21, 2016 meeting. The Urban Agriculture and Community Garden program was also presented to: ·The Pineapple Grove Main Street (PGMS) committee at their June 29, 2016 meeting, which acknowledged support of this amendment. City of Delray Beach Printed on 5/8/2017Page 1 of 2 powered by Legistar™ File #:17-422,Version:1 ·The Downtown Development Authority (DDA) reviewed this item at their July 11, 2016 and recommended approval. ·The Community Redevelopment Agency (CRA) reviewed this item at their July 14, 2016 and was supportive of the proposed amendments. ·The West Atlantic Redevelopment Coalition (WARC) reviewed this item at their September 1, 2016 meeting and voted to recommend unanimous approval of the text amendment. ·Planning and Zoning Board recommended approval on January 23, 2017. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: NA Timing of Request: Community garden advocates have requested that the policy be changed and guidelines be implemented as soon as practicable. City of Delray Beach Printed on 5/8/2017Page 2 of 2 powered by Legistar™ RESOLUTION NO. 40-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMMUNITY GARDENS POLICY TO PROVIDE GUIDELINES AND STANDARDS TO ENCOURAGE COMMUNITY GARDENS IN THE CITY AND AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO ACHIEVE THE PURPOSES OF THIS POLICY WHEREAS, Community Gardens allow for the local production of vegetables, fruits, and produce that address food needs of the local residents, mitigates food insecurity, addresses food-deserts in urban areas and fosters resiliency through self-reliance; and WHEREAS, activities related to Community Gardens, such as planting, cultivating and harvesting educates gardeners and residents about the natural life-cycle, proper nutrition and sustainable agricultural practices; and WHEREAS, the City Commission acknowledges that Community Gardens serve to foster community cohesiveness through the collective action of planning, planting, cultivating and harvesting vegetables, fruits and flowers; and WHEREAS, the City formerly regulated Community Gardens in its Land Development Regulations (LDRs). However, on May 16, 2017, the City repealed LDR Section 4.3.3 (D) “Community Gardens” in order to establish a policy for Community Gardens that can be administered by the City Manager; and WHEREAS, the City wants to establish a Community Gardens Policy to make the process and oversight for Community Gardens more efficient and timely, while still providing guidelines and standards to protect both the Community Garden and the neighboring properties; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to adopt the Community Gardens Policy and finds that the recommendations contained therein to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Delray Beach, Florida, adopts and incorporates, as if fully set forth herein, the recitations set forth above. Section 2.The City Commission of the City of Delray Beach, Florida, hereby adopts the Community Gardens Policy, attached hereto as Exhibit “A”. 2 Res. No. 40-17 Section 3.The City Commission hereby authorizes the City Manager to promulgate additional rules, regulations, and guidelines that are consistent with and that further the goals of this Policy. Section 4.One copy of the Community Gardens Policy as set forth herein shall be identified as an official copy and shall be kept on file with the City Clerk for public use, inspection and examination. Section 5. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 6. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of __________________, 2017. ______________________________________ MAYOR ATTEST: __________________________________ City Clerk Adopted May 16, 2016 CITY OF DELRAY BEACH Community Gardens Policy Photo credit: Cason Community Garden 1 Introduction The City of Delray Beach believes that Community Gardens benefit the public health, the environment, the economyand the quality of life in neighborhoods, andbring residents together for a communal outdoor activity. The local production of fruits, vegetables and herbs promotes healthy diets, addresses urban food deserts and mitigates food insecurity by allowing gardeners to supplement food purchases or donate surplus harvest to organizations that provide assistance to those in need. Moreover, Community Gardens with plants and flowers provide bird, bee and butterfly habitat and offer opportunity for social gathering, recreation, education, and beautification of the community. A Community Garden is defined as a green garden space, often within urbanized areas, that is communally cared for and cultivated. A Community Garden may consist of individually worked plots or communally tended areas and grow horticulture plants, trees, flowers, vegetables, fruits, and herbs primarily for the use of those involved in the project. Community Gardens differ from Urban Farms, which are commercial operations that sell goods and services to the public for profit. Urban Farms may be small and have the likeness of a Community Garden, but they are regulated under the Section 4.3.3 D “Urban Agriculture” section of the City’s Land Development Regulations (LDRs). The City of Delray Beach supports the Community Garden movement and has developed this Community GardenPolicyto facilitate theestablishment of Community Gardens in the City. The City shall promulgate administrative guidelines to further the goals of this Policy. By clarifying public expectations around Community Gardens, the City hopes to avoid adverse environmental impacts and incompatible land practices within communities sometimes associated with Community Gardens. Although the City has adopted this Community Garden Policy, the City neither sponsors nor organizes Community Gardens. Instead, local residents are encouraged to organize a gardening club, identify suitable land for establishing the garden and develop their own plan to regulate and enforce the activities and operation of their garden. In this way, community members control and enforce their own rules for their garden.Community Gardens must also comply with all applicable rules, regulations, laws, and ordinances of the City of Delray Beach. Once a Community Garden is properly established, the City will endeavor to aid itsactivities by promoting the Community Garden and its activities with a link on the City’s Sustainability webpage, facilitating the garden’s collaboration with the Delray Green Market, and providing other support as appropriate. Adopted May 16, 2016 Community Garden Locations Community Gardens can be established on vacant parcels or concurrent with structures containing other land uses in any zoning district. Roofs of multifamily or condominium apartment buildings may also be used for Community Gardens so long as the plantings are containerized in pots or planters and not integrated within the roof membrane. Green roof installations designed as part of the structure should be reviewed by the City’s Building Department. Use of City-owned land for Community Gardens will be allowed only upon City approval of a Revocable License agreement. Community Garden organizers are encouraged to discuss plans for creating a Community Garden with owners of adjacent properties in order to foster good will within the community and to set expectations as to the aesthetics and activities of the Community Garden. Soil IfCommunity Gardens grow food for human consumption, Community Gardenorganizers are encouraged to research previous uses on the site to determine whether the soil could be contaminated with toxic substances. Residential land is less likely to be contaminated, but former industrial land could potential pose a risk. Community Garden organizers are encouraged to test soils on sites that may be contaminated, or use a raised bed garden plot so that the Community Garden is not exposed to site pollutants. Community Garden organizers may also choose to get a soil analysis performed by University of Florida (UF) in order to learn about the soil’s nutrient content. Forms for submitting soil samples are provided by UF Agricultural Extension, and a link to this website can be found in the Community Garden section of the City’s website. Community Garden Activities The primary activities associated with a Community Garden are the cultivation of horticulture plants, fruits, vegetables and herbs for the consumption and enjoyment of the Community Garden’s members. The City encourages Community Gardens be used for recreation, education and wellbeing, and to supplement food needs. Community Gardens can also be used to create and store compost for on-site use, and may store garden-related tools and materials, subject to the applicable rules, regulations, laws, and ordinances of the City of Delray Beach. Additionally, because a garden is intended to build community pride, it may be used as a meeting place for educational programs, fundraising events and administrative meetings on a limited basis. Food Production The City does not intend for Community Gardens to be commercial operations, thus Community Gardens are not permitted to grow produce, plants and flowers, or create compost primarily to profit from their sale. Organizers of Community Garden that wish to grow and sell produce and plants for profit should review the Section 4.3.3 (D) “Urban Agriculture” of the Land Development Regulations and seek a permit for an Urban Farm. Unlike agricultural uses taking place on agriculturally zoned land, the property owner Adopted May 16, 2016 of a Community Garden may not be eligible for agricultural tax exemptions offered by local, state or federal taxing authorities. Community Gardens that grow food are encouraged to donate surplus food to organizations that help feed less privileged members of the community.Community Gardenmembers may sell surplus food preferably at a community green market (like the Delray Green Market) or on site, subject to applicable guidelines, to support the garden’s collective operating costs, or to recover expenses associated to the individual gardening activitiesof its members. These expensescan include tools, tool maintenance, water and electric costs, soil, seeds and plants for planting, permit or plot rental fees, and modest administrative costs. No permanent structure for retail sale can be constructed on site, but temporary stands or displays may be allowed subject to applicable rules, regulations, laws, and ordinances of the City of Delray Beach. Prohibited plant species and animals In compliance with Florida law, illegal or controlled plants, including invasive species, such as Old World Climbing Ferns and Air Potato vines, and any noxious weeds as defined by Florida Department of Agriculture and Consumer Services rule 5B-57.007, or Palm Beach County’s Article 14C of the Unified Land Development Code are prohibited in Community Gardens. Community Gardens are also prohibited from housing rabbits,poultry or other livestock. Honeybees may be allowed subject to the state regulations regarding hive locations, inspections and maintenance as further set forth in Section 586.10, Florida Statutes. Design of Community Gardens The City encourages aesthetic creativity in the design of the Community Gardens. The site will be subject to setback requirements and site design should take into consideration access to plots by the gardeners, as well as circulation through and around the gardened areas. The Community Gardenlayout and plots should not allow water, soil, and fertilizer run-off onto adjacent properties or the public right-of-way. This can be achieved by using raised boxed plots, small berms, planted swales, and the judicious placement of walking paths. Plants that grow taller than 5 feet should be placed in such a way that they do not encumber circulation, overhang the street, impair visibility into the site, or otherwise create a public safety hazard. Composting Compost shall be stored in an appropriate closed container that minimizes odors, prevents run-off, and does not allow the harborage of rodents and pests. Accessory composting may only occupy up to seven (7%) of a ground-level community garden property. No composting operations or structures may be placed within 5 feet of property lines abutting a residential building. If the Community Garden is in a residential or commercial zone, no composting operations or structures may be located in the first 15 feet of the front yard or a 10 feet of the side yard abutting a street. Composting activities and waste bins must be screened from view from the public and adjacent neighbors using plants, trellis or fencing. The compost activities must be carefully monitored so it is not a neighborhood nuisance. Buildings, Fences, and other Furnishings A shed and/or a greenhouse may be allowed in a Community Garden subject to the applicable rules, Adopted May 16, 2016 regulations, laws, and ordinances of the City of Delray Beach. A perimeter fence is encouraged to delineate the space and deter intruders. Before constructing a shed or a perimeter fence, organizers of the Community Garden should contact the City’s Building Department to determine whether a permit is required. Within the Community Garden, appropriate outdoor furnishing including a picnic table, seating benches, open gazebo, trellis, potting workbench, water fountain/feature and bird feeders are encouraged to enhance the enjoyment and aesthetic of the garden, so long as they do not create a public safety hazard or invite unwanted loitering. Signage Community Gardens shall be identified by signs that face the street that state the name of Community Garden and the street address. A second sign identifying general rules of conduct in the Community Garden and contact information for the Community Garden manager should be placed prominently on the interior of the Community Garden. All exterior signs must comply with the City’s sign code. Garden Care and Maintenance Community Gardens are intended as both a place of sustainable agricultural production and an open space for the community. As such, it is recommended that Community Gardens implement sustainable growing practices, employ water and energy conservation techniques, and most importantly, maintain an aesthetic that is pleasing to the surrounding community. Sustainable gardening practices generally prohibit the use of pesticides, herbicides, weed killers, or insecticides made from synthetic chemical materials. Washing or cleaning of equipment must not contaminate the soil. Soaps and detergents used on site must be biocompatible. Irrigation Watering is critical to abundant production. Community Gardens must also use natural resources prudently and avoid wasting water or having water run-off. Community Gardens should identify a source of water in their site plan and plan appropriately for utility bills, if any. Community Gardens may make arrangements with adjacent properties for a source of water, or request that an irrigation meter be installed. The Community Garden will be responsible for the costs associated with the irrigation meter and the cost of installing a spigot for service. Hand watering or supervised sprinkling provides a high degree of control and is the preferred, when possible. Automatic sprinkling is permitted, but care should be taken to minimize water waste and run-off of fertilizer, earth or groundcover. It is recommended that Community Gardens contain a water harvesting infrastructure that would allow capture and storage of rain water in appropriate containers. Trash collection The Community Gardens manager and the participating garden members are responsible for ensuring that the garden is maintained at an acceptable standard. Trash and recycling generated at the site must be placed in appropriate containers and discarded weekly. Trash receptacles must be stored in a screened area, moved to the curb the evening before collection, and moved away from the curbside as soon as possible Adopted May 16, 2016 after trash pick-up. Maintenance requirements Community Gardens must be maintained to a high standard. To achieve this, the Community Gardens manage shall ensure that the following maintenance tasks are performed regularly: Plants must be maintained at manageable height and density (no overgrowth that can reduce visibility) Weeds and dead or dried plant must be removed Tools, water hose and garden materials must be stored in an appropriate location or shed, and not left out after garden activities are completed Unused plots and non-farmed areas of the site must be kept neat and free of overgrowth No litter or trash shall be left on the site Compost bins be maintained so that the odor is minimal and the compost does not attract animals Art and sculpture placed on the site must be proportionate to the site and maintained in good condition Fencing, signage and outdoor furniture, if installed, must be maintained in good condition Any containers that may collect water are drained and dry to minimize mosquito breeding. Termination Community Gardens shall operate at the will of the property owner, and must cease operations if the property owner withdraws approval. In the event that a Community Garden permanently ceases operation, the land must be returned to a stable condition that preserves the integrity of the soil and the surrounding environment. Improvements, such as buildings, equipment and machinery, must be removed from the site and low, slow growing native vegetative ground cover should be installed. Regulations and Enforcement Community Gardens shall be subject to the applicable rules, regulations, laws, and ordinances of the City of Delray Beach, the City’s Land Development Regulations, or any other applicable state law, code, or regulation. Before starting operations, all Community Gardens must submit a Community Garden application, which includes a site plan and Community Garden Maintenance Plan (CGMP) to the City. In addition, all Community Gardens shall submit annually an Activities Report summarizing the garden’s operations during the year and plans for the coming year to the City. The purpose of the annual Activities Report is to alert the City as to any challenges facing the Community Garden so that the City may provide additional support as appropriate. Existing Community Gardens Community Gardens that were established prior to the adoption of this Policy will not be subject to this Policy for a period of one year, unless they alter the site design more than fifty percent (50%). Within one year of the adoption of this Community Garden Policy, existing Community Gardens will be required to submit a Community Garden Application, including a site plan and CGMP. They will also be required Adopted May 16, 2016 to submit the annual Activities Report. Additional Information and Resources City shall maintain a webpage under the Sustainability section of the City’s website that is devoted to Community Gardens. The Community Gardens webpage shall include at a minimum this Community Gardens Policy, the Application Package, and the administrative guidelines for Community Gardens, as may be amended from time to time. The Community Gardens webpage shall provide contact information for City staff, links to resources in the local community and other national gardening programs, and links to model documents from other community garden organizations that can be used to develop the Community Garden Management Plan and site plans. The Community Gardens webpage shall also have links to each of the registered gardens in Delray Beach, allowing the public to read and learn about their activities. City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-418,Version:1 TO:Mayor and Commissioners FROM:Timothy Stillings, Planning, Zoning and Building Director THROUGH:Neal de Jesus, Interim City Manager DATE:May 16, 2017 ORDINANCE NO.17-17:AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY”BY AMENDING SECTION 6.3.3 “SIDEWALK CAFE”TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY;AMENDING SECTION 6.3.3 (A)“PERMIT AND FEES”TO ADD LEASING FEES;AMENDING SECTION 6.3.3 (F) “REGULATIONS GOVERNING THE USE,DESIGN,AND MAINTENANCE OF A SIDEWALK CAFE”TO CREATE TWO ZONES,PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE;PROVIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES. (FIRST READING) Recommended Action: Motion to Approve Ordinance No. 17-17 on First Reading. Background: In March 2005,the City Commission approved Ordinance No.05-05 that modified the Sidewalk Cafe regulations by increasing setbacks from street curbing from 2’to 5’.Increasing the setback was intended to improve safety for Sidewalk Cafes and support better pedestrian flow through the sidewalk cafe areas.Ordinance No.05-05 had a provision to allow the previous setback to remain in effect until the next permit renewal cycle,which occurred in October of that year.The Sidewalk Cafe regulations were amended again in July of that year (Ordinance No.51-05).This amendment added the words “…outside whether on public or private property (excluding interior courtyard seating which is subject to parking requirements) …” . As the Clean and Safe Staff enforced the new Sidewalk Cafe regulations,many of the Sidewalk Cafe Operators could not meet the new requirements.The new regulations also resulted in the decrease of the number of tables and chairs.It became apparent that the regulations were not meeting the goals established by the City.The current regulations have resulted in many complaints from the Sidewalk Cafe Operators and resulted in eight waiver requests since adoption. At the City Commission Workshop meeting in November 2015,Community Improvement Staff presented the challenges of the regulations.The discussion resulted in recommendations to City of Delray Beach Printed on 5/10/2017Page 1 of 4 powered by Legistar™ File #:17-418,Version:1 presented the challenges of the regulations.The discussion resulted in recommendations to remove the reference of sidewalk cafes on private property and allowed for different configurations of the Sidewalk Cafe widths based on geographical areas of the City.For instance,the area along Atlantic Avenue between Swinton Avenue and the Intracoastal has the most number of cafes and pedestrians that affect the level of service of the sidewalks. Therefore,a Sidewalk Cafe may be located on one side with a 6’clear pedestrian pathway and may be located on both sides if a 7’clear pedestrian pathway is provided.In other areas of the city, the Sidewalk Cafe may be located on both sides with a 6’ clear pedestrian pathway. As this proposed amendment was being drafted,the City was contacted by the Florida Department of Transportation (FDOT)requesting the City enter into a “Leasing Agreement”to collect rental fees for those Sidewalk Cafes and valet queues located in their right-of-ways along East Atlantic Avenue and on South Ocean Boulevard (affects approximately 12 Sidewalk Cafes).This Leasing Agreement between the City of Delray Beach and the FDOT was approved at the City Commission meeting of May 17,2016.The ability to collect those fees is included in the proposed Ordinance No.17-17. Proposed Ordinance: The following summarizes the amendments proposed in Ordinance No. 17-17: The definition of a Sidewalk Cafe was updated to add clarification to the location of the Sidewalk Cafe to better distinguish it from other outdoor dining areas.The updated definition is as follows: Definition:A “Sidewalk Cafe”is a group of tables with chairs grouping of dining furniture which may include tables and chairs and associated articles,which has been approved by the City through a Sidewalk Cafe permit and is situated and maintained outside within a public right-of-way,a portion of which may be located in a public pedestrian way (sidewalk),between the building front (and/or side for corner lots)and the curb at the edge of the roadway whether on public or private property (excluding interior courtyard seating which is subject to parking requirements);and such area is used for the consumption of food and beverages sold to the public from an adjoining restaurant or other eligible business.All tables and chairs,and associated articles must be located within the sidewalk Cafe permit area.Sidewalk Cafes are allowed only when in compliance with this Section. Permit and Fees: 1.If the initial Sidewalk Cafe permit or any renewal permit is cancelled,a new application fee is required for any subsequent permits issued. 2.Fees are removed from the ordinance and shall be adopted by resolution that will be presented at the second reading of this ordinance. 3.Additional “leasing fees”shall be collected for any Sidewalk Cafe located in the FDOT right- of-way along East Atlantic Avenue and along South Ocean Boulevard. 4.The City may cancel a Sidewalk Cafe permit without notice if the payment,along with accrued late fees is not fully paid by October 1 of any renewal period. 5.Due to the change in the definition,any existing establishment that currently has a Sidewalk Cafe permit but no longer fits the definition,is granted a one (1)year period to either modify their site plan to seek approved for an outdoor dining area or to remove the City of Delray Beach Printed on 5/10/2017Page 2 of 4 powered by Legistar™ File #:17-418,Version:1 furniture from the public pedestrian way. Regulations Governing the Use,Design,and Maintenance of a Sidewalk Cafe:Two figures were added to provide graphical examples of the regulations.Regulations were added to require a minimum height of 7’for all umbrellas and canopy’s within a Sidewalk Cafe area and that the barrier that defines the Sidewalk Cafe area shall be 3’ in height. Establishes two geographic zones for regulating the location of the clear pedestrian pathways and widths: ZONE-1:This is defined as the area East-to-West between Swinton Avenue and the Intercostal Waterway on Atlantic Avenue,and North-to-South between NE/SE 1st Streets (Clean and Safe Boundary).A map was added to show this area.Within Zone 1,a Sidewalk Cafe may be establishes on only one side of the required 6’clear pedestrian pathway and on both sides if a 7’ clear pedestrian pathway is provided. ZONE-2:This is defined as all geographical areas of the City that are outside of Zone 1. Within Zone 2,a Sidewalk Cafe may be established on both sides of the required 6’pedestrian pathway. In both zones,if the area adjacent to the curb is interrupted by street furniture,trees,tree grates or similar impediments,the sidewalk cafe operator may provide for a six foot (6’)clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. Signage:The proposed ordinance eliminates the specific types of additional signs (i.e.menu boards) and allows for one additional business sign for Sidewalk Cafes. At its meeting of April 17,2017,the Planning and Zoning (P&Z)Board recommended approval of Ordinance No.17-17 on a vote of 5 to 0 (Joycelyn Patrick and Leslie Marcus absent).The P&Z Board raised the following issues: -The Board suggested that the definition of sidewalk cafe,Section 6.3.3 (A)is reworded so that seating is not limited to just tables and chairs as a restaurant may wish to include other furniture. -That a graphic illustration is included in the ordinance to show the area that is a sidewalk cafe versus outdoor seating on private property. - That all references to signs are removed from the sidewalk cafe regulations. Subsequent to the P&Z Board meeting Ordinance No.17-17 was revised to modify the definition of sidewalk cafe and to provide content neutral language with respect to signage. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Not Applicable. City of Delray Beach Printed on 5/10/2017Page 3 of 4 powered by Legistar™ File #:17-418,Version:1 Funding Source: Not Applicable Timing of Request: Second Reading is tentatively scheduled for June 6, 2017. Attachments: ·Ordinance No. 17-17 ·Planning and Zoning Board Staff Report, April 17, 2017. City of Delray Beach Printed on 5/10/2017Page 4 of 4 powered by Legistar™ ORDINANCE NO. 17-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY” OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 6.3.3 “SIDEWALK CAFE” TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY; AMENDING SECTION 6.3.3 (A) “PERMIT AND FEES” TO ADD LEASING FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE” TO CREATE TWO ZONES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City has permitted sidewalk cafes to be located in certain areas of the City; and WHEREAS, the City desires to modify the Land Development Regulations (LDRs) governing sidewalk Cafes to provide for the public health, safety and welfare of the residents of the City and its visitors; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals, objectives, and policies of the Comprehensive Plan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 17, 2017, and voted 5 to 0 to recommend that the amendments be approved; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning Staff report; and WHEREAS, the City Commission at duly notice public meetings on _________2017, and on _______2017, received and considered comments from the public and gave careful consideration to all aspects of this Ordinance; and 2 ORD NO. 17-17 WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach that the LDRs be amended as described in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.That the recitations set forth above are incorporated herein. Section 2.That Article 6.3, “Use and Work in the Public Right of Way”, Section 6.3.3 “Sidewalk Cafe”, of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 6.3.3 Sidewalk Cafe: (A)Definition:A “Ssidewalk Ccafe” is a group of tables with chairs grouping of dining furniture which may include tables and chairs and associated articles, which has been approved by the City through a Sidewalk Cafe permitand issituated and maintained outside within a public right- of-way, a portion of which may be located in a public pedestrian way (sidewalk), between the building front (and/or side for corner lots) and the curb at the edge of the roadway whether on public or private property (excluding interior courtyard seating which is subject to parking requirements); and such area is used for the consumption of food and beverages sold to the public from an adjoining restaurant or other eligible business. All tables and chairs, and associated articles must be located within the sidewalk Cafe permit area. Sidewalk Cafes are allowed only when in compliance with this Section. (AB)Permit and Fees: It shall be unlawful for any person to establish a Sidewalk Cafe at any site unless a valid permit to operate a Ssidewalk Cafe has been obtained for that site, from the City pursuant to this Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. All permits shall comply with the following: (1)Each Sidewalk Cafe permit shall be effective for one year, from July 1st until June 30th. Any new permit application received after July 1st until December 31st will pay the full cost of the permit fee and the permit shall expire June 30th of the following year. Any new permit application received after December 31st will pay one-half of the cost of the permit fee and the permit shall expire June 30th of the same year. In addition, should the initial Sidewalk Cafe permit or any renewal permit be cancelled for any reason pursuant to this section, a new application fee shall be required for any subsequent permits issued. (2)The initial Sidewalk Cafe application fee is one hundred fifty dollars ($150.00). The along with the annual permit fee is $4.75 based upon per the square footage of approved Ssidewalk Cafe space. shall both be established by a resolution of the City Commission. Additional “leasing fees” shall be collected for any Sidewalk Cafe located in the Florida 3 ORD NO. 17-17 Department of Transportation (FDOT)right-of-way along East Atlantic Avenue and along South Ocean Boulevard. The FDOT leasing fees will also be established by resolution of the City Commission and collected based on the terms outlined in the Lease Agreement between the City and the FDOT, which may be amended from time to time. (3)Renewals:Renewals of a Sidewalk Cafe permit and payment of fees must be submitted and approved on or before July 1 st of each year. (4) Late Renewal Fee:If a renewal payment is not submitted by July 1st, it shall be considered late and subject to a late fee of ten-percent (10%), plus an additional five- percent (5%) late fee if payment is not received by the first of each month thereafter until paid, provided that the total late fee shall not exceed twenty-percent (20%) of the permit fee. If a renewal payment is not submitted by July 1st, the City has the right to immediately cancel the Ssidewalk Cafe permit upon written notice to the permit holder and the City may also cancel such permit without notice if the payment, along with accrued late fees is not fully paid by October 1st. of any renewal period.[Amd. Ord. 56-09 10/20/09] (5) Any applicant that was issued a Cafe permit prior to this ordinance and no longer meets the definition of a Sidewalk Cafe shall be eligible for one (1) one-year extension of their Sidewalk Cafe permit after which the applicant shall be required to submit a site plan modification (if the area of the Cafe is not shown on an approved site plan) or shall be required to remove all Sidewalk Cafe elements. (B)Applicability: The provisions of this section shall apply to all existing and proposed sidewalk Cafes effective July 1, 2005 (C) — (E) (These subsection shall be renumbered according and shall remain in full force and effect as previously adopted) (F)Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe: (1)A Sidewalk Cafe shall only be established in conjunction with a legally established restaurant or business where the food product is prepared, processed, or assembled on the premises (for example: deli, ice cream store, sandwich shop) where the food product preparation is the main or sole purpose of the business. These businesses shall be deemed eligible to apply for a Sidewalk Cafe permit. A business that prepares, processes, or assembles food on the premises, where such food preparation or assemblage is not the main or sole purpose of the business shall not be allowed to establish a Sidewalk Cafe. (2)A Sidewalk Cafe may only be established in the area between the curb of a public roadway and in the front of the business or along a side street adjacent to the businesson a corner lot or in front of public open space plazas adjacent to the business. The area may also include portions of a public pedestrian ways (sidewalk) or a public plaza and such businesses immediately 4 ORD NO. 17-17 adjacent to the business with which the sidewalk Cafe is associated. However, businesses located on Atlantic Avenue which also have a side street frontage shall be allowed to establish a Sidewalk Cafe along only one (1)of the street frontages (e.g. Sidewalk Cafe permitted on either the side street or on Atlantic Ave, but not on both street frontages).The Ssidewalk Cafe shall not be established adjacent to a travel lane or on-street parking, unless there is no ability to establish a Ssidewalk Cafe adjacent to the storefront, in which case a Ssidewalk Cafe may be located adjacent to a traffic lane or street parking as long as a six foot clear pedestrian path is provided and the tables and associated chairs provide a minimum setback of five feet (5’)from the vehicular travel lane and associated curbing. This five feet (5’)setback does not apply when the tables are immediately adjacent to on-street parking. (3)Alcoholic beverages may be consumed within Ssidewalk Cafe area. (4)The use of the tables and chairs dining furniture shall be only for the customers of the business with which the Ssidewalk Ccafe is associated.Tables, chairs, umbrellas, barriers and other objects associated with a Ssidewalk Ccafe shall be of quality design, materials and workmanship both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the urban environment, as previously approved by the City and as shown and depicted in the approved Sidewalk Cafe permit.All tables, chairs, umbrellas, barriers and associated objects must be located within the Sidewalk Cafe permit area. All umbrellas and canopies must maintain a minimum seven feet (7’)clear area and shall not extend outside of the Sidewalk Cafe area.All barriers shall be three (3’)in height. See Figures 6.3.3 –1&2 for more details. Figure 6.3.3 –1 Sidewalk Cafe Cross section diagram 5 ORD NO. 17-17 (5)Sidewalk Cafe operators shall maintain a clear pedestrian path of a minimum of six feet (six’) at all times. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. In the event a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel, additional clear space shall be required. A clear pedestrian path greater than six feet (6’) may be required on sidewalks with an adjacent traffic lane. For sidewalk cafes with permits approved prior to [effective date of this ordinance], the dimensions of approved pedestrian paths will prevail until the next permit renewal. (5)Within “ZONE-1”, defined as that area east-to-west between Swinton Avenue and the Intracoastal Waterway, and north-to-south between NE 1st Street and SE 1st Street (see Figure 6.3.3-3), the following regulations shall apply: (a)When a Sidewalk Cafe operator provides a clear pedestrian path of a minimum of six feet (6’),the operator can choose to place the associated tables and chairs on either side of the pathway, but not on both sides. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. (b)In the event that a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the Sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. Figure 6.3.3 –2 Sidewalk Cafe plan view diagram (Example) 6 ORD NO. 17-17 (c)If a Sidewalk Cafe operator provides a clear pedestrian path of a minimum of seven feet (7’), the operator can place the associated tables and chairs on both sides of the pathway. The seven foot (7’) clear pedestrian path shall be parallel to the street and/or alley. (d)For Sidewalk Cafes with permits approved prior to the effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. In the event of any dispute as to the placement and/or dimension of any required pedestrian path within any ZONE, the Planning Zoning and Building Director, or a designee of the Director, shall make the final determination in order to bring the operator into conformance with any pedestrian pathway regulations set forth herein. (6) Within “ZONE-2” as defined as all other geographical areas of the City, the following regulations shall apply: (a)When a Sidewalk Cafe operator provides a clear pedestrian path of a minimum of six feet (6’), the operator can choose to place the associated tables and chairs on either side or both sides of the pathway. In either case, the six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. Figure 6.3.3 - 3 - Sidewalk Cafe Zone 1 7 ORD NO. 17-17 (b)When the Sidewalk Cafe is established on one side of the six foot (6’) clear pedestrian path adjacent to the curb and is interrupted by street furniture, trees, tree grates or similar impediments, then the Sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. (c)For Sidewalk Cafes with permits approved prior to effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. (6) (7) A “No Table Zone” is hereby established. No Ssidewalk Cafe tables or chairs shall be located within the “No Table Zone”. The “No Table Zone” is that area located at the intersections of Atlantic Avenue with any side street, within fifteen feet (15’) of the extended curb line. The fifteen feet (15’) will be measured perpendicular to the street from the extended curb. For non-Atlantic Avenue intersections, the “No Table Zone” shall be ten (10’) feet as measured above. (7) (8) The Sidewalk Cafe area is to be segregated from the pedestrian pathway by means of barriers such as planters, railings or other similar moveable fixtures or other clearly visible demarcation. No part of the barrier shall be located within the required 5’clear pedestrian pathway as defined in subsection (5) and (6) above. (8) (9) In addition to previously approved business signs, the Sidewalk Cafe may have one (1) additional business sign of the following signs which shall be approved administratively with the approval or renewal of the sidewalk café permit: (a)A wall mounted menu board sign that does The business sign shall not exceed three four square feet (3 4 sq. ft.). (b)The business sign shall A free standing easel or art object that does not exceed five feet (5’) forty-two inches (42”) in height. that holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft. or 6 sq. ft.). (c)Logos upon table umbrellas. The free standing easel or art object must be placed immediately in front of the business in the permitted sidewalk Cafe area. These signs shall not require further Site Plan Review and Appearance Board approval and are an exemption to requirements with the City's sign code. Portable signs shall be prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs. 8 ORD NO. 17-17 (9) (10)Use area and/or seating capacity realized through a Sidewalk Cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters. (10) (11)Food may be carried to tables by patrons or served by a table waiter/waitress for all uses that have been assessed restaurant parking requirements. All other uses that have been assessed general commercial parking requirements, but otherwise qualifying for Sidewalk Cafe permit, shall be for take-out food only (food may be carried to tables by patrons; no waiter/waitress service is allowed). The use of food preparation stations, trash receptacles and cash registers are prohibited within the Sidewalk Cafe area. (11) (12)The use of carpeting, artificial turf, or other services of any kind must be approved as a part of the Sidewalk Cafe application. (12) (13)All services provided to patrons of a Sidewalk Cafe and all patron activity (i.e., sitting, dining, etc.) shall occur within the designated Sidewalk Cafe area, and shall not impinge on the required 5’ clear distance clear pedestrian pathways as provided for in subsections (F)(5) and (6) above for pedestrian passage at any time. Chairs shall be arranged parallel to the clear pedestrian path so that they do not encroach into the clear pedestrian path to accommodate patrons. (13) (14)Hours of operation shall be the same as the associated businesses. (14) (15)The area covered by the permit, including the sidewalk, curb and gutter immediately adjacent to it, shall be maintained in a clean, neat, attractive and orderly manner at all times and the area shall be cleared of all debris and stains on a periodic basis during the day and again at the close of each business day, ensuring a tidy appearance. The permittee shall also be responsible to pressure clean the sidewalk surface on which the Sidewalk Cafe is located at least once a week or more frequently, if needed and pick up all litter and debris including litter and debris in the landscaped areas adjacent to the Sidewalk Cafe area under permit. (15) (16)No tables, chairs, or any other part of Sidewalk Cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area. (G) — (H) (These subsection shall remain in full force and effect as previously adopted) (I)Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; Jurisdiction of the Code Enforcement Board or Civil Violations; Emergencies: (1)In addition to the remedies for late fees set forth hereinabove at subparagraph (A)(4), Tthe City Manager or his/her designee may deny, revoke, or suspend a permit of any Sidewalk Cafe in the City if it is found that: 9 ORD NO. 17-17 (a)Any necessary business or health permit has either been suspended, revoked, or canceled or has lapsed. (b)The permittee does not have insurance which is correct and effective. (c)Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal or modification of the Sidewalk Cafe, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. (d)The permittee has failed to correct violations of this subchapter or conditions of permitting within three (3) days of receipt of written notice of same. (e)If the permittee receives more than three (3) Code Enforcement violations and/or civil violations in a twelve (12) month period from the issuance of its permit for non-compliance to this Section, the permit shall be terminated and no refunds of the permit application fee shall be granted. The permittee may not receive a new permit for six months. (f)The Sidewalk Cafe does not enhance or conform to the aesthetic ambiance of the area or is not compatible with other adjacent businesses or Sidewalk Cafes. (I)(2) through (6) —(J) (These subsection shall remain in full force and effect as previously adopted) Section 3.Repeal of Conflicting Ordinances. All ordinances or parts thereof or parts of the Code conflicting or inconsistent with the provisions of this ordinance are hereby repealed. Section 4.Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance. Section 5.Inclusion in Code. This ordinance shall be codified in the Code of Ordinances of the City of Delray Beach, Florida. Section 6.Effective Date. The provisions of this Ordinance shall become effective immediately upon adoption. 10 ORD NO. 17-17 ASSED AND ADOPTED in regular session on second and final reading on this _______ day of ________________, 2017. _______________________________________ Cary D. Glickstein, Mayor ATTEST: _______________________________ City Clerk First Reading ________________ Second Reading ________________ PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: April 17, 2017 ITEM: VIII.A AGENDA ITEM: File Number 2017-130: ORDINANCE 17-17 – CITY INITIATED AMENDMENT AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING SECTION 6.3.3 SIDEWALK CAFE TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY, PROVIDE GEOGRAPHIC REGULATIONS, LEASING FEES; PROVIDING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding Ordinance 17-17, a City-initiated amendment to LDR Section 6.3.3, “Sidewalk Cafes”, to remove the reference to maintaining sidewalk cafes on “private” property, amending Subsections (A)(2), “Permit and Fees” to add collection of leasing fees, amending Subsection (F)(5); and adding Section (F)(5) & (6), “Regulations Governing Use, Design, and Maintenance of a Sidewalk Café to establish regulations by geographical zones. Sidewalk Cafes are regulated in the LDR’s under ARTICLE 6.3 USE AND WORK IN THE PUBLIC RIGHT OF WAY. This amendment will remove the reference to regulating sidewalk cafes on “private” property and establish clear pedestrian pathway widths by Geographical Zones to better manage the downtown core area to accommodate different pedestrian thresholds. BACKGROUND & DESCRIPTION In March of 2005, the City Commission approved Ordinance No.05-05 that modified the Sidewalk Cafe regulations increasing setbacks from curbing from 2’ to 5’ and the width of the pedestrian pathways from 5’ to 6’. Increasing the dimensions was to improve safety issues and pedestrian flow. The Ordinance had a provision to allow the existing dimensions to prevail until the next permit renewal cycle which occurred in July. As the Clean and Safe staff started monitoring and enforcing the new sidewalk regulations, many of the sidewalk cafe operators could not meet the requirements which resulted in the decrease of the number of tables and chairs. Through this process it became apparent that the regulations were not meeting the goals and values of the City as it resulted in many Sidewalk Cafe Operator complaints that lead to 8 waiver requests and a Commission who Planning and Zoning Board Meeting of 04.17.17 LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe 2 wished to be supportive of the economic benefits of the sidewalk cafes while ensuring the safety of pedestrians and ADA requirements were met. In November of last year at a workshop meeting, staff presented to the City Commission the challenges of the regulations and obtained their input. The outcome of those discussion resulted in recommendations to remove the reference of sidewalk cafes on private property as they felt the property owners should be responsible for regulating ADA Requirements and set different pedestrian pathway widths based on geographical areas of the City. For instance, that area along Atlantic Avenue between Swinton Avenue and the Intracoastal has the most number of cafes and pedestrians that impact the sidewalks. Therefore their widths would be wider than in other areas of the city outside of the downtown core where the pedestrian flow is less impacting. As the amendment to the Ordinance was being created, the City was contacted by the Florida Department of Transportation (FDOT) requesting the City enter into a “leasing agreement” to collect rental fees for those cafes and valet ques located in their right-of- ways along East Atlantic Avenue and on South Ocean Boulevard (affects approximately 12 cafes). This Leasing Agreement between the City of Delray Beach and the FDOT was just recently approved at the City Commission meeting of May 17, 2016. The ability to collect those fees has been included in the Ordinance. The proposed new sections will read as follows: Definition: 6.3.3 (A) A Sidewalk Cafe is a group of tables with chairs and associated articles approved by the City situated and maintained outside whether on public or private property (excluding interior courtyard seating which is subject to parking requirements) within a public right-of-way and used for the consumption of food and beverages sold to the public from an adjoining business. All tables and chairs, and associated articles must be located within the sidewalk Cafe permit area. Sidewalk Cafes are allowed only when in compliance with this Section. Applicibility: (B) Applicability: The provisions of this section shall apply to all existing and proposed sidewalk Cafes effective July 1, 2005 Permit and Fees: 6.3.3 (B) (1) Each permit shall be effective for one year, from July 1st until June 30th. Any new permit application received after July 1st until December 31st will pay the full cost of the permit fee and the permit shall expire June 30th of the following year. Any new permit application received after December 31st will pay one-half of the cost of the permit fee and the permit shall expire June 30th of the same year. In addition, should the initial sidewalk Cafe permit or any renewal permit be cancelled for any reason pursuant to this section, a new application fee shall be required for any subsequent permits issued. (2) The initial sidewalk Cafe application fee is one hundred fifty dollars ($150.00) along with Tthe annual permit fee is $4.75 based upon per the Planning and Zoning Board Meeting of 04.17.17 LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe 3 square footage of approved sidewalk Cafe space within the public right-of-way shall both be established by a resolution of the City. Additional “leasing fees” shall be collected for any sidewalk Cafe located in the Florida Department of Transportation (FDOT) right-of-way along East Atlantic Avenue and along South Ocean Boulevard. The FDOT Leasing fees will also be established by resolution of the City and collected based on the terms outlined in the Lease Agreement between the City and the FDOT, which may be amended from time to time. (4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be considered late and subject to a late fee of ten-percent (10%), plus an additional five-percent (5%) late fee if payment is not received by the first of each month thereafter until paid, provided that the total late fee shall not exceed twenty- percent (20%) of the permit fee. If a renewal payment is not submitted by July 1st, the City has the right to immediately cancel the Sidewalk Cafe permit upon written notice to the permit holder and the City may also cancel such permit without notice if the payment, along with accrued late fees is not fully paid by October 1st. of any renewal period. Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe: 6.3.3(F)(5) Within “ZONE-1” defined as that area East-to-West between Swinton Avenue and the Intercostal Waterway on Atlantic Avenue, and North-to-South between NE/SE 1st Streets (see Map), the following regulations shall apply: (a) When a sidewalk café operator provides a clear pedestrian path of a minimum of six feet (6’) the operator can choose to place the associated tables and chairs on either side of the pathway, but not on both sides. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. (b) In the event a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk café operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. (c) If a sidewalk café operator provides a clear pedestrian path of a minimum of seven feet (7’) the operator can place the associated tables and chairs on both sides of the pathway. The seven foot (7’) clear pedestrian path shall be parallel to the street and/or alley. (d) For sidewalk cafes with permits approved prior to effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. 6.3.3 (F)(6) Within “ZONE-2” as defined as all other geographical areas of the City other than that which is described in Zone 1 above, the following regulations shall apply: (a) When a sidewalk café operator provides a clear pedestrian path of a minimum of six feet (6’) the operator can choose to place the associated tables and chairs on either side or both sides of the Planning and Zoning Board Meeting of 04.17.17 LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe 4 pathway. In either case, the six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. (b) When the sidewalk café is established on one side of the six foot (6’) clear pedestrian path adjacent to the curb and is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk café operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. (c) For sidewalk cafes with permits approved prior to effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. 6.3.3 (F) (8) (9) In addition to previously approved business signs, the sidewalk cafe may have one (1) of the following signs which shall be approved administratively with the approval or renewal of the sidewalk café permit: (a) A wall mounted menu board sign that does not exceed three square feet (3 sq.ft.). (b) A free standing easel or art object that does not exceed five feet (5’) in height that holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft. or 6 sq. ft.). The free standing easel or art object must be placed immediately in front of the business in the permitted sidewalk Cafe area. (c) Logos upon table umbrellas. ANALYSIS Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. STAFF COMMENT: The proposed amendments were initiated by the City Commission at its November 10, 2015 meeting. Pursuant to LDR Section 2.4.5(M)(5),Findings, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Planning and Zoning Board Meeting of 04.17.17 LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe 5 TRANSPORTATION • Goal Area C: A convenient, safe and efficient transportation network which emphasized safety and which meets the needs of residents, both year-round and seasonal, shall be created. Its focus shall be upon avoiding congestion and accommodating all forms of travel through the City. Sidewalks are a critical element in the multi-modal transportation network here in the City and in particular the downtown core area. Providing a safe and efficient flow of pedestrian thresholds will help to eliminate congestion. • Objective C-2: Existing conditions which impose obstacles to accommodating this Goal of providing safer bicycle, pedestrian, automobile and public transportation shall be rectified. Creating geographical regulations to help with managing the pedestrian thresholds in different areas of the community will increase safety. • Objective D-2: Facilities which accommodate the needs of the handicapped, pedestrians and bicyclists shall be assessed and required during development review, complying with state and national standards. The amendments to the Ordinance is to accommodate the needs of the handicapped and pedestrians by increasing the dimensions for clear pathways. These factors will be addressed as part of the review process for sidewalk Café Permits. STAFF ANALYSIS: The proposed amendments to LDR Section 6.3.3 Sidewalk Café strengthens the language of this section to better manage the pedestrian flow in the downtown corridor while maintaining the economic benefits of the cafes and meeting the goals and intent of Comprehensive Plan. City staff and elected officials are working to make sure that the pedestrian access within the public rights-of-way is adequate to meet the proposed lovel of service as well as safety and ADA requirements. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed this item at their June 29, 2016 meeting and acknowledged support of this amendment. The Downtown Development Authority (DDA) reviewed this item at their March 14, 2016 and recommended approval. (See attached letter) The Community Redevelopment Agency (CRA) reviewed this item at their July 14, 2016 and was supportive of the proposed amendments. The West Atlantic Redevelopment Coalition (WARC) reviewed this item at their September 1, 2016 meeting and voted unanimously to recommend approval of the text amendment. The Historic Preservation Board (HPB) reviewed this item at their April 5, 2017 meeting and voted unanimously to recommend approval of this text amendment. Planning and Zoning Board Meeting of 04.17.17 LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe 6 RECOMMENDED ACTION Recommend approval to the City Commission of Ordinance XX-17, a City-initiated LDR amendment to revise Section 6.3.3, “Sidewalk Cafes”, to remove the reference to maintaining sidewalk cafes on “private” property, amending Subsections (A)(2) to add leasing fees and amending Subsection (F) to establish “regulations” by geographical zones; by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Report by: Mark E Stivers, AICP Principal Planner Janet Meeks, Education Coordinator Attachments: Draft Ordinance 17-17 DDA Letter of support ORDINANCE 17-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY” BY AMENDING SECTION 6.3.3 SIDEWALK CAFÉ TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY; AMENDING SECTION 6.3.3 (A) “PERMIT AND FEES” TO ADD LEASING FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFÉ” TO CREATE TWO ZONES, PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City has permitted sidewalk Cafes to be located in certain areas of the City; and WHEREAS, the City desires to modify the Land Development Regulations governing sidewalk Cafes to provide for the public health, safety and welfare of the residents of the City and its visitors; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals, objectives, and policies of the Comprehensive Plan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 17, 2017, and voted ______ to recommend that the changes be approved; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the staff report; and WHEREAS, the City Commission at duly notice public meetings on _________2017, and on _______2017, received and considered comments from the Planning and Zoning Board and from the public, and gave careful consideration to all aspects of this ordinance; and WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach that the Land Development Regulations be amended as described in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. 2 ORD 17-17 Section 2. That Article 6.3, “Use and Work in the Public Right of Way”, Section 6.3.3 “Sidewalk Cafe”, of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 6.3.3 Sidewalk Cafe: (A) A Sidewalk Cafe is a group of tables with chairs and associated articles approved by the City situated and maintained outside whether on public or private property (excluding interior courtyard seating which is subject to parking requirements) within a public right-of-way and used for the consumption of food and beverages sold to the public from an adjoining business. All tables and chairs, and associated articles must be located within the sidewalk Cafe permit area. Sidewalk Cafes are allowed only when in compliance with this Section. (AB) Permit and Fees: It shall be unlawful for any person to establish a sidewalk Cafe at any site unless a valid permit to operate a sidewalk Cafe has been obtained for that site, from the City pursuant to this Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. All permits shall comply with the following: (1) Each permit shall be effective for one year, from July 1st until June 30th. Any new permit application received after July 1st until December 31st will pay the full cost of the permit fee and the permit shall expire June 30th of the following year. Any new permit application received after December 31st will pay one-half of the cost of the permit fee and the permit shall expire June 30th of the same year. In addition, should the initial sidewalk Cafe permit or any renewal permit be cancelled for any reason pursuant to this section, a new application fee shall be required for any subsequent permits issued. (2) The initial sidewalk Cafe application fee is one hundred fifty dollars ($150.00) along with Tthe annual permit fee is $4.75 based upon per the square footage of approved sidewalk Cafe space within the public right-of-way shall both be established by a resolution of the City. Additional “leasing fees” shall be collected for any sidewalk Cafe located in the Florida Department of Transportation (FDOT) right-of-way along East Atlantic Avenue and along South Ocean Boulevard. The FDOT Leasing fees will also be established by resolution of the City and collected based on the terms outlined in the Lease Agreement between the City and the FDOT, which may be amended from time to time. (3) Renewals of a sidewalk Cafe permit and payment of fees must be submitted and approved on or before July 1st of each year. (4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be considered late and subject to a late fee of ten-percent (10%), plus an additional five-percent (5%) late fee if payment is not received by the first of each month thereafter until paid, provided that the total late fee shall not exceed twenty-percent (20%) of the permit fee. If a renewal payment is not submitted by 3 ORD 17-17 July 1st, the City has the right to immediately cancel the Sidewalk Cafe permit upon written notice to the permit holder and the City may also cancel such permit without notice if the payment, along with accrued late fees is not fully paid by October 1st. of any renewal period. [Amd. Ord. 56-09 10/20/09] (B) Applicability: The provisions of this section shall apply to all existing and proposed sidewalk Cafes effective July 1, 2005 (C) — (E) (These subsection shall remain in full force and effect as previously adopted) (F) Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe: (1) A sidewalk Cafe shall only be established in conjunction with a legally established restaurant or business where the food product is prepared, processed, or assembled on the premises (for example: deli, ice cream store, sandwich shop) where the food product preparation is the main or sole purpose of the business. A business that prepares processes or assembles food on the premises, where such food preparation or assemblage is not the main or sole purpose of the business shall not be allowed to establish a sidewalk Cafe. (2) A sidewalk Cafe may only be established in front of the business or along a side street adjacent to the business, or in front of public open space plazas adjacent to the business, and such businesses immediately adjacent to the business with which the sidewalk Cafe is associated. However, restaurants located on Atlantic Avenue which also have a side street frontage shall be allowed to establish a sidewalk Cafe along only one of the street frontages (e.g. Cafe permitted on either the side street or on Atlantic Ave, but not on both street frontages). The sidewalk Cafe shall not be established adjacent to a travel lane or on-street parking, unless there is no ability to establish a sidewalk Cafe adjacent to the storefront, in which case a sidewalk Cafe may be located adjacent to a traffic lane or street parking as long as a six foot clear pedestrian path is provided and the tables and associated chairs provide a minimum setback of 5’ from the vehicular travel lane and associated curbing. This 5’ setback does not apply when the tables are immediately adjacent to on street parking. (3) Alcoholic beverages may be consumed within sidewalk Cafe area. (4) The use of the tables and chairs shall be only for the customers of the business with which the sidewalk Cafe is associated. Tables, chairs, umbrellas, barriers and other objects associated with a sidewalk Cafe shall be of quality design, materials and workmanship both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the urban environment, as previously approved by the City and as shown and depicted in the approved Sidewalk Cafe permit. All tables, chairs, umbrellas, barriers and associated objects must be located within the Sidewalk Cafe permit area. (5) Sidewalk Cafe operators shall maintain a clear pedestrian path of a minimum of six feet (six’) at all times. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. In the event a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates 4 ORD 17-17 or similar impediments, then the sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel, additional clear space shall be required. A clear pedestrian path greater than six feet (6’) may be required on sidewalks with an adjacent traffic lane. For sidewalk cafes with permits approved prior to [effective date of this ordinance], the dimensions of approved pedestrian paths will prevail until the next permit renewal. (5) Within “ZONE-1”, defined as that area east-to-west between Swinton Avenue and the Intracoastal Waterway, and north-to-south between NE 1st Street and SE 1st Street (see Figure 6.3.3), the following regulations shall apply: (a) When a sidewalk Cafe operator provides a clear pedestrian path of a minimum of six feet (6’), the operator can choose to place the associated tables and chairs on either side of the pathway, but not on both sides. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. (b) In the event that a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. (c) If a sidewalk Cafe operator provides a clear pedestrian path of a minimum of seven feet (7’), the operator can place the associated tables and chairs on both sides of the pathway. The seven foot (7’) clear pedestrian path shall be parallel to the street and/or alley. (d) For sidewalk Cafes with permits approved prior to effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. In the event of any dispute as to the placement and/or dimension of any required pedestrian path within any ZONE, the Planning Zoning and Building Director, or a designee of the Director, shall make the final determination in order to bring the operator into conformance with any pedestrian pathway regulations set forth herein. (6) Within “ZONE-2” as defined as all other geographical areas of the City, the following regulations shall apply: (a) When a sidewalk Cafe operator provides a clear pedestrian path of a minimum of six feet (6’), the operator can choose to place the associated tables and chairs on either side or both sides of the pathway. In either case, the six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. 5 ORD 17-17 (b) When the sidewalk Cafe is established on one side of the six foot (6’) clear pedestrian path adjacent to the curb and is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. (c) For sidewalk Cafes with permits approved prior to effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. Figure 6.3.3 - 1 - Sidewalk Cafe Zone 1 (6) (7) A “No Table Zone” is hereby established. No sidewalk Cafe tables or chairs shall be located within the “No Table Zone”. The “No Table Zone” is that area located at the intersections of Atlantic Avenue with any side street, within fifteen feet (15’) of the extended curb line. The fifteen feet (15’) will be measured perpendicular to the street from the extended curb. For non-Atlantic Avenue intersections, the “No Table Zone” shall be ten (10’) feet as measured above. (7) (8) The sidewalk Cafe area is to be segregated from the pedestrian pathway by means of barriers such as planters, railings or other similar moveable fixtures or other clearly visible demarcation. No part of the barrier shall be located within the required 5’ clear pedestrian pathway as defined in subsection (5) and (6) above. 6 ORD 17-17 (8) (9) In addition to previously approved business signs, the sidewalk cafe may have one (1) of the following signs which shall be approved administratively with the approval or renewal of the sidewalk café permit: (a) A wall mounted menu board sign that does not exceed three square feet (3 sq.ft.). (b) A free standing easel or art object that does not exceed five feet (5’) in height that holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft. or 6 sq. ft.). The free standing easel or art object must be placed immediately in front of the business in the permitted sidewalk Cafe area. (c) Logos upon table umbrellas. The free standing easel or art object must be placed immediately in front of the business in the permitted sidewalk Cafe area. These signs shall not require further Site Plan Review and Appearance Board approval and are an exemption to requirements with the City's sign code. Portable signs shall be prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs. (9) (10) Use area and/or seating capacity realized through a sidewalk Cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters. (10) (11) Food may be carried to tables by patrons or served by a table waiter/waitress for all uses that have been assessed restaurant parking requirements. All other uses that have been assessed general commercial parking requirements, but otherwise qualifying for sidewalk Cafe permit, shall be for take-out food only (food may be carried to tables by patrons; no waiter/waitress service is allowed). The use of food preparation stations, trash receptacles and cash registers are prohibited within the sidewalk Cafe area. (11) (12) The use of carpeting, artificial turf, or other services of any kind must be approved as a part of the sidewalk Cafe application. (12) (13) All services provided to patrons of a sidewalk Cafe and all patron activity (i.e., sitting, dining, etc.) shall occur within the designated sidewalk Cafe area, and shall not impinge on the required 5’ clear distance clear pedestrian pathways as provided for in subsections (F)(5) and (6) above for pedestrian passage at any time. Chairs shall be arranged parallel to the clear pedestrian path so that they do not encroach into the clear pedestrian path to accommodate patrons. (13) (14) Hours of operation shall be the same as the associated businesses. (14) (15) The area covered by the permit, including the sidewalk, curb and gutter immediately adjacent to it, shall be maintained in a clean, neat, attractive and orderly manner at all times and the area shall be cleared of all debris and stains on a periodic basis during the day and again at the close of each business day, ensuring a tidy appearance. The permittee shall also be responsible to pressure clean the 7 ORD 17-17 sidewalk surface on which the sidewalk Cafe is located at least once a week or more frequently, if needed and pick up all litter and debris including litter and debris in the landscaped areas adjacent to the sidewalk Cafe area under permit. (15) (16) No tables, chairs, or any other part of sidewalk Cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area. (G) — (H) (These subsection shall remain in full force and effect as previously adopted) (I) Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; Jurisdiction of the Code Enforcement Board or Civil Violations; Emergencies: (1) In addition to the remedies for late fees set forth hereinabove at subparagraph (A)(4), Tthe City Manager or his/her designee may deny, revoke, or suspend a permit of any sidewalk Cafe in the City if it is found that: (a) Any necessary business or health permit has either been suspended, revoked, or canceled or has lapsed. (b) The permittee does not have insurance which is correct and effective. (c) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal or modification of the sidewalk Cafe, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. (d) The permittee has failed to correct violations of this subchapter or conditions of permitting within three (3) days of receipt of written notice of same. (e) If the permittee receives more than three (3) Code Enforcement violations and/or civil violations in a twelve (12) month period from the issuance of its permit for non-compliance to this Section, the permit shall be terminated and no refunds of the permit application fee shall be granted. The pemittee may not receive a new permit for six months. (f) The Sidewalk Cafe does not enhance or conform to the aesthetic ambiance of the area or is not compatible with other adjacent businesses or sidewalk Cafes. (I)(2) through (6) —(J) (These subsection shall remain in full force and effect as previously adopted) 8 ORD 17-17 Section 2. Repeal of Conflicting Ordinances. All ordinances or parts thereof or parts of the Code conflicting or inconsistent with the provisions of this ordinance are hereby repealed. Section 3. Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance. Section 4. Inclusion in Code. This ordinance shall be codified in the Code of Ordinances of the City of Delray Beach, Florida. Section 5. Effective Date. The provisions of this Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on second and final reading on this _______ day of ________________, 2017. _________________________________________ Cary D. Glickstein, Mayor ATTEST: _______________________________ City Clerk First Reading ________________ Second Reading ________________ 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 • (561) 243-1077 Fax: (561) 243-1079 July 14, 2016 Planning & Zoning Board Members City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33483 Dear Board Members: This concerns Planning & Zoning item that came before the Delray Beach Downtown Development Authority at the March 14, 2016 meeting. ITEM – Amendment to the Land Development Regulations Regarding Sidewalk Cafés ACTION - Motion to approve the Amendment to the Land Development Regulations Regarding Sidewalk Cafés Motion: Peter Arts; 2nd: Ryan Boylston Motion carried unanimously. Please know that we send this information to assist you in making your decisions as they affect the DDA District of Downtown Delray Beach. Sincerely, Mark Denkler Chairman c: DDA Board of Directors Laura Simon, Executive Director DowntownDelrayBeach.com BOARD OF DIRECTORS Mark Denkler Chair Vince Canning Shoes Frank Frione Vice-Chair GFA International, Inc Albert Richwagen Secretary Richwagen’s Bicycles Bonnie Beer Treasurer Caffe Luna Rosa Ryan Boylston Woo Creative Alan Costilo Big Al’s Steaks Peter Arts Plastridge Insurance City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-443,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: May 16, 2017 ORDINANCE NO. 21-17 Recommended Action: Motion to approve Ordinance No. 21-17. Background: Ordinance No.21-17 repeals and readopts Chapter 36,“Acquisition of Goods and Services and Disposal of City Property”,as revised in accordance with Exhibit “A”of this ordinance and authorizes the City Manager to implement a Purchasing Policies and Procedures Manual. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A City of Delray Beach Printed on 5/8/2017Page 1 of 1 powered by Legistar™