Resolution No. 19-48A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE THE NORTH BEACHES PILOT
PARKING MANAGEMENT PROGRAM INTERLOCAL AGREEMENT;
ESTABLISHING A TIMEFRAME FOR THE PILOT PROGRAM AND REQUIRING AN
ASSESSMENT REPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
CONTRACTS AND PURCHASE ORDERS AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities
shall have governmental, corporate and proprietary powers to enable municipalities to conduct
municipal government, perform municipal functions, and render municipal services; and
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a City's
governmental body may exercise any power for municipal purposes except as otherwise provided
by law; and
WHEREAS, the City Commission desires to create a seamless paid parking program in the
Beaches Town Center area; and
WHEREAS, the City Commission has authorized a paid parking program to encourage
parking space turnover and the mitigation of congestion, and encourages alternate modes of
transportation into the Beaches Town Center area; and
WHEREAS, the City Commission has determined that it is necessary to enter into a
Interlocal Agreement for the authorization of the administration of the North Beaches Pilot Parking
Management Program; and
WHEREAS, the City Commission, in anticipation of the Interlocal Agreement, approved
Ordinance No. 75-19-21 to set the legislative framework for the pay for parking program; and
WHEREAS, the City Commission properly considered this Interlocal Agreement after
proper public notice and comments from staff and the public.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Atlantic Beach as follows:
SECTION 1. The North Beaches Pilot Parking Management Program Interlocal
Agreement, attached hereto as "Exhibit A", and made a part hereof, is hereby approved.
SECTION 2. The Mayor is hereby authorized to execute the North Beaches Pilot Parking
Management Program Interlocal Agreement.
SECTION 3. The North Beaches Pilot Parking Management Program shall end no later
than September 30, 2021 unless extended by further action of the Commission. The City Manager
01153616-2 1 of 2 Resolution No. 19-48
shall prepare and present a report to the Commission assessing the Neptune Beach Pilot Parking
Management Program no later than April, 2021.
SECTION 4. The City Manager is hereby authorized to execute any contracts and purchase
orders in accordance with and as necessary to effectuate the provisions of this Resolution.
SECTION 5. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the Mayor and City Commission of the City of Atlantic
Beach, this 23th day of September, 2019.
Attest:
Donna Bartle, City Clerk
�l
llen Glasser, Mayor
Approved as to form and correctness:
•
01183616-2 2 of 2 Resolution No. 19-48
EXHIBIT A
INTERLOCAL AGREEMENT FOR PAID PARKING
PROGRAM AT BEACYIES TOWN CENTER
THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into on day of
, 2019 (the "Effective Date"), by and between the City of Neptune Beach, a municipal corporation
located at 116 First Street, Neptune Beach, Florida 32266 (hereinafter, "Neptune Beach"), and the City of
Atlantic Beach, a municipal corporation located at 800 Seminole Road, Atlantic Beach, Florida 32233
(hereinafter, "Atlantic Beach"). Neptune Beach and Atlantic Beach shall be referred to collectively as, the
"Parties".
WHEREAS, to the extent the terms in this Agreement conflict with terms exclusive to parking
management in the 1996 Interlocal Agreement between Neptune Beach, Atlantic Beach, the City of
Jacksonville and Beaches Town Center Agency, the terms of this Agreement shall control.
WHEREAS, Neptune Beach intends to install, operate, and administer a pay -for -parking program
in the Beaches Town Center area as more particularly described in Attachment A, attached hereto and made
a part hereof (the North Beaches Parking Program, hereinafter the "Parking Program")
WHEREAS, the Parking Program will encompass certain publicly -owned property and rights of
way located within the boundaries of Atlantic Beach and Neptune Beach, as more particularly described in
Attachment A.
WHEREAS, Neptune Beach and Atlantic Beach intend to cooperate and coordinate in the
implementation and administration of the Parking Program.
WHEREAS, Neptune Beach and Atlantic Beach have enacted paid parking ordinances to address
the authority and regulatory scheme associated with the Parking Program.
WHEREAS, Neptune Beach and Atlantic Beach intend to jointly designate a District Parking
Operator ("DPO") agreeable to both cities to implement the Parking Program as further defined below in
accordance with the applicable ordinances of Neptune Beach and Atlantic Beach.
WHEREAS, to more efficiently and effectively administer the Parking Program, the Parties intend
to memorialize their responsibilities and obligations with regards to said Parking Program.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
Parties agree as follows:
Obligations of the Parties and Cost Sharing of the Parking Program
1. The above recitals are incorporated as if set forth fully herein.
2. Neptune Beach shall be solely responsible to enter into an agreement with a jointly -designated DPO
for the purpose of implementing the Parking Program and providing the services as more
particularly described herein. Neptune Beach may, in its discretion, upon ninety (90) days prior
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0AI M11e7rlrel
written notice to Atlantic Beach, elect to proceed without a DPO at any time. In such event, Neptune
Beach shall be responsible for all obligations of the DPO under this Agreement, provided, however,
Atlantic Beach may elect to terminate this Agreement in accordance with Section 8 or 13, as may
be applicable.
3. Neptune Beach, either directly or through the DPO, shall be responsible for all costs for materials,
hardware, software, installation of equipment, repair, maintenance, replacement, and upgrades of
equipment, employee training and certification, if needed, and other such related costs to administer
the Parking Program.
4. Neptune Beach shall cause the DPO to maintain and keep all appropriate accounting records related
to the operation of the Parking Program and shall provide to Neptune Beach and Atlantic Beach a
monthly accounting report, identifying all revenue, costs and expenses of the Parking Program,
including without limitation, the specific amount of gross revenue generated from parking spaces
located within duly designated parking zones within Atlantic Beach and Neptune Beach,
respectively. In the event of Neptune Beach's failure to cause the DPO to do so, Neptune Beach
shall be responsible for same.
5. Neptune Beach shall annually, on or before July 1 of each year, prepare and provide to Atlantic
Beach, an annual proposed budget for the Parking Program. Atlantic Beach shall have the right, at
its expense, to audit the Parking Program records of the DPO and Neptune Beach.
6. Neptune Beach shall remit to Atlantic Beach, on a monthly basis (with Year One to begin on
October 1, 2019 and end on September 30, 2020 and years Two, Three, Four and Five to likewise
follow), a total of seventy percent (70%) of all gross revenue generated by the fees, fines and rentals
of the parking spaces located within duly designated parking zones within Atlantic Beach.
7. The remaining thirty percent (30%) of said gross revenue shall constitute Atlantic Beach's entire
obligation towards the costs and expenses for the operation of the Parking Program and shall be
retained by Neptune Beach.
8. The Parties agree that annually, but no later than September 1 of each year, they shall each review
the proportional amounts described in Sections 6 and 7 above and determine whether any
adjustments should be made. In the event the Parties do not agree on the proportional amounts for
the fiscal year going forward, then either Party may provide written notice of termination to the
other Party no later than September 1 of the applicable year, which termination shall be effective
as of October 1 of the same year.
9. The Parties respective performance and obligations under this Agreement are contingent upon each
Party's adoption of an annual budget containing appropriations as may be appropriate and
necessary to carry out this Agreement.
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EXHIBIT A
Parking Program and DPO Responsibilities
10. The agreement between the City of Neptune Beach and the DPO shall generally provide for the
following:
a. The jointly designated DPO shall administer and operate the Parking Program in accordance
with this Agreement, the Neptune Beach and Atlantic Beach Codes of Ordinances and Florida law,
as applicable.
b. With written consent from the City Manager of Atlantic Beach and the City Manager of Neptune
Beach, the DPO may make modifications, alterations, adjustments, and other such decisions related
to the administration, operation and enforcement of the Parking Program in accordance with the
paid parking and other applicable ordinances of Neptune Beach and Atlantic Beach, respectively.
d. The DPO shall be solely responsible for collecting all parking payments, enforcement penalties
and fees, and other such revenue generated from the Parking Program in accordance with the
ordinances of Neptune Beach and Atlantic Beach and shall remit same to Neptune Beach. The DPO
shall provide to Neptune Beach and Atlantic Beach monthly accounting reports regarding all
revenue and expenses associated with operation of the Parking Program, including without
limitation, the information referenced in Section 4 above.
Default and Remedies
11. A default shall consist of the breach or anticipatory breach of any covenant, agreement,
representation, provision or warranty entered into between Atlantic Beach and Neptune Beach
relating to the Parking Program. If a default, breach or anticipatory breach occurs, the Party not in
default may, at any time or from time to time, pursue to enforce its remedy under this Agreement
by suit in equity, action at law or by any other appropriate proceeding, for damages or other relief,
or proceed to take any action authorized or permitted under applicable laws or regulations;
provided, however, the Parties shall, prior to initiating any court proceedings, initiate the conflict
resolution procedures set forth in Chapter 164, Florida Statutes. No Party shall act upon any default
until it has given the Party in default written notice of the default and thirty (3 0) days within which
to cure the default.
General Provisions
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EXHIBIT A
12. Term. Subject to the provisions of Section 9 above, the term of this Agreement shall be for a period
of five (5) years from the Effective Date. This Agreement may be extended thereafter on an annual
basis by way of written approval of such extension from each of the Parties following the adoption
of Resolutions by the Parties' governing boards.
13. Termination. Except as provided in Section 8 above, either Party may terminate this Agreement
by providing ninety (90) days written notice of its intent to do so to the other Party.
a. In the event of any termination by Atlantic Beach pursuant to this Agreement, Atlantic Beach
shall pay to Neptune Beach prior to the effective date of the termination, a termination fee
calculated as follows:
• if during Year One (October 1, 2019 through September 30, 2020), $45,126.90, decreased
on a pro rata basis for each month prior to the effective date of termination;
• if during Year Two (October 1, 2020 through September 30, 2021), $24,392.29, decreased
on a pro rata basis for each month prior to the effective date of termination;
0 if during Year Three (October 1, 2021 through September 30, 2022), $18,294.22,
decreased on a pro rata basis for each month prior to the effective date of termination;
• if during Year Four (October 1, 2022 through September 30, 2023), $11,433.89, decreased
on a pro rata basis for each month prior to the effective date of termination;
• if during Year Five (October 1, 2023 through September 30, 2024), $5,716.94.
Thereafter, should the Parties extend the term of this Agreement, no termination fee will be due.
Further, should Atlantic Beach desire to retain the kiosks located within Atlantic Beach, Atlantic
Beach shall also remit to Neptune Beach an amount equal to $9,081.00 for each kiosk, prorated at
a depreciation rate of 12.5% per year.
b. In the event Neptune Beach terminates this Agreement, then Atlantic Beach may, in its sole
discretion, elect to discontinue the Parking Program at no cost to Atlantic Beach or elect to
continue to operate the Parking Program within the boundaries of Atlantic Beach, in which
case, Atlantic Beach would be responsible for operating expenses as of the effective date of
termination and, should Atlantic Beach desire to retain the kiosks within Atlantic Beach,
Atlantic Beach shall pay to Neptune Beach an amount equal to $9,081.00 for each kiosk,
prorated at a depreciation rate of 12.5% per year.
14. Binding. This Agreement binds the Parties and their respective successors and assigns in all respect
to all terms, conditions, covenants and provisions of this Agreement. Nothing herein shall be
construed as creating any personal liability on the part of any officer or agent of any of the Parties,
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EXHIBIT A
nor shall it be considered as giving any right or benefit hereunder to anyone other than the Parties,
their successors and assigns.
15. All Parties agree to comply with all applicable laws, rules and regulations, federal, state and local,
in its performance under this Agreement and its implementation.
16. No waiver by any party at any time of any of the terms, conditions, covenants and agreements
herein, or of any default, shall be deemed or taken as a waiver at any time thereafter of the same or
any other term, condition, covenant or agreement herein contained, nor of the strict and prompt
performance thereof.
17. Entire . This Agreement constitutes the entire present agreement between the Parties. No change
in, modification of, or supplement to this Agreement shall be valid or enforceable unless it is
enacted in writing and executed by each of the Parties.
18. Conflicts. No member, officer or employee of the governing body of the City of Atlantic Beach or
City of Neptune Beach, and no other public official of either such City who exercises any functions
or responsibilities with respect to the Parking Program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed in connection with the Parking Program maintained under this
Agreement.
19. Notices. Notices to be provided in accordance with this Agreement shall be delivered by U.S. Mail,
return receipt requested, hand delivery or traceable overnight delivery service and addressed as
follows:
City of Neptune Beach
c/o City Manager
116 First Street
Neptune Beach, FL 32266
With a copes:
Zachary Roth, City Attorney
8818 Goodby's Executive Drive
Suite 100
Jacksonville, FL 32217
City of Atlantic Beach
c/o Joe Gerrity, City Manager
800 Seminole Road
Atlantic Beach, FL 32233
With a copy to:
Brenna M. Durden, City Attorney
Lewis, Longman & Walker, P.A.
245 Riverside Avenue, Suite 150
Jacksonville, FL 32202
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EXHIBIT A
20. Indemnification. Atlantic Beach, to the extent of a claim or judgment by any one person which
does not exceed the sum of $200,000 or any claim or judgment, or portions thereof, which when
totaled with all other claims or judgments arising out of the same occurrence, does not exceed the
sum of $300,000, shall indemnify Neptune Beach for any and all damages relating to the Parking
Program, including reasonable attorneys' fees and costs (prior to and at trial, and through appeal)
to the extent arising from the negligence or willful misconduct of Atlantic Beach and its officials,
agents, contractors and employees. Neptune Beach, to the extent of a claim or judgment by any one
person which does not exceed the sum of $200,000 or any claim or judgment, or portions thereof,
which when totaled with all other claims or judgments arising out of the same occurrence, does not
exceed the sum of $300,000, shall indemnify Atlantic Beach for any and all damages relating to
the Parking Program, including reasonable attorneys' fees and costs (prior to and at trial, and
through appeal) to the extent arising from the negligence or willful misconduct of Neptune Beach
and its officials, agents, contractors (including without limitation, the DPO) and employees.
Nothing in this Agreement nor any action relating to this Agreement shall be construed as a waiver
of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, by either
Atlantic Beach or Neptune Beach. Additionally, there are no third party beneficiaries to this
Agreement.
21. The Parties agree that the DPO may initiate services under this Agreement prior to October 1, 2019
and that reports, fees and data shall be provided in accordance with this Agreement, but that any
period prior to October 1, 2019 shall not be included in Year One under this Agreement.
"SIGNATURE PAGE TO FOLLOW"
C.
Attest:
Donna L. Bartle, City Clerk
Approved as to Form and Content:
Brenna M. Durden, City Attorney
Attest:
Catherine Ponson, City Clerk
Approved as to Form and Content:
Zachary Roth, City Attorney
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CITY OF ATLANTIC BEACH, FLORIDA
Ellen Glasser, Mayor
CITY OF NEPTUNE BEACH, FLORIDA
Elaine Brown, Mayor
ATTACHMENT A
Overview and Purpose of the North Beaches Pilot Parking Management Program
Parking is the first and last impression of every visit to the Beaches Town Center
What is the North Beaches Parkins Program?
A North Beaches Parking Program is a Pilot Program developed as a cooperative effort between the Cities of Neptune
Beach and Atlantic Beach to create a data driven, market based, self-sustaining parking management program for the
Beaches Town Center area ("BTC"). What is a Pilot Program? A Pilot Program (also called an experimental trial) is a
small-scale operation conducted in order to test logistics and evaluate the feasibility, time, cost, value and effects of a
program based on real data.
This Pilot Program will run for approximately 18-24 months and is designed to allow modifications to the implemented
policies and guidelines based on true market data. The program data will be reviewed daily and the resulting evaluation
of that data will be used to make any refinements necessary to the Program policies and procedures as needed.
Management Policy Guidelines
Priority — while it is understood and agreed that revenue is of importance, it must also be understood that all of the
points listed below have equal weight with revenue when policy is being developed. Parking is an asset that can benefit
our communities and we need to ensure that we treat it as such.
Responsive — the Program Management needs to be available and responsive at any time during which the businesses in
the BTC are open. The parkers are their customers, and so long as they are present there needs to be someone in a
position of authority available.
Friendly, Professional and Reassuring —the staff/attendants physically running the Program will, in many cases be the
first and/or last opportunity to insure the customer/visitor has a positive impression of their visit to the BTC. They need
to not only be Parking Enforcement, but also serve as Ambassadors who are able to assist our visitors, customers,
employees and others with any issues that might arise, or to answer any questions they may have. We cannot have
these positions filled with un -skilled, poorly trained, inexperienced entry level personnel. Their importance requires
they have some professional training and experience in customer service, and the maturity to handle a variety of
situations that may arise.
Seamless —the Program must be inclusive, to include as many properties and parking spaces as can be assembled under
one umbrella. The BTC is too compact to have multiple operations where the rules, rates, hours of operations and
payment options vary from one block to the next.
Signage Pollution — the Pilot Program needs to be as universal as possible in order to minimize the amount of signage.
Instructions for how to use the parking need to be simple, and not something different with each block. It is desirable to
have consistent signage on City Right of Way.
Management Policy Goals
Resident neighborhoods adjacent to BTC — Neptune Beach and Atlantic Beach shall each strive to insure visitors and
others coming to the BTC or beach don't start converging on residential areas. Each City shall monitor any negative
parking impacts to the nearby residential areas and seek to implement methods to discourage BTC visitors from parking
on nearby residential streets.
ATTACHMENT A
City Residents — Consideration needs to be given to parking within the BTC for City residents and whether special
conditions relative to pricing and/or locations should apply.
Turnover of prime storefront/on-street parking spaces —the value of one single parking space is enough to impact the
bottom line for many of the smaller retailers in the BTC. Having cars parked all day long in any of those spots, regardless
of how much they might pay in parking fees would be detrimental to the businesses in the BTC.
Employee Parking Program — employees are as critical as customers to any business, and providing safe, convenient
parking at no cost to the employee is something that must be provided. Appropriate Employee Satellite Parking and the
requisite Shuttle to and from the BTC Employee Parking lot is a necessity for all BTC businesses. Employee lots should be
located and managed to have minimal or no impact on any residential areas, including impacts to traffic, noise or
neiehborhood character
Q Where will the paid parking spaces be located?
A Spaces are located throughout the Commercial Area of the Beaches Town Center in Atlantic and Neptune Beach.
Spaces will be identified by signage and/or pavement markers. There are 229 spaces (165 in Neptune Beach and 64 in
Atlantic Beach).
STREET SIGN IDENTIFYING PARKING SPACES REQUIRING PAYMENT
ATTACHMENT A
PAVEMENT MARKER IDENTIFYING PARKING SPACES REQUIRING PAYMENT
CONB PARKING SPACES COAB PARKING SPACES
Q How do I pay for parking?
A You can pay at any Parking Kiosk displaying this Logo;
1
NOTE YOUR
LICENSE
PLATE
Tu,Ku,,uo,;
SA LE
-SUNSHINE ATE -
ATTACHMENT A
NORTH BEACHES PAID PARKING
PAY BY PLATE
11 AM - MIDNIGHT 7 DAYS
2
ENTER PLATE
AT KIOSK*,
MAKE PAYMENT
*APP AVAILABLE, SEE INFO
3
PLATE MUST BE
VISIBLE, NO
BACKING IN
You can also pay using the APP (Download instructions are posted on the Kiosks, instructional video available on our
website at www.northbeachesparking.com, or ask one of our Parking Ambassadors to demonstrate for you).
Q Do kiosks accept Credit Cards? Cash?
A Yes, you can pay at the Kiosks using a credit card or cash. The Kiosks will accept $1, $5 and $10 bills (no coins). The
machines will not give change, so cash payments must be "exact change only".
Q Do I have to display a receipt on my dash or enter a space number?
A No, you only need to enter your plate information, there is no need to display a receipt or enter a space number to
verify payment.
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Q Where are Parking Kiosks located?
SIGNS IDENTIFYING PARKING KIOSK LOCATIONS
A
ATTACHMENT A
C
Q What happens if a Kiosk is not working, how do we pay?
A You can pay at any Kiosk displaying the North Beaches Parking logo, single Kiosks are not limited to specific spaces.
You may also pay with the app.
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ATTACHMENT A
Q What happens if I get a parking ticket?
A All first-time violations, other than those involving ADA or "illegal' parking will receive a one-time courtesy notice
with information on the Policy violation and contact information for any questions about the North Beaches Parking
Program. Any subsequent violations of Program Policy will result in the issuance of a Parking Invoice listing the violation
and an option to pay the listed parking fee (Parking Daily Max - $12) by the close of business on the next business day.
Parkers will have the option of paying the fee at any Kiosk, thru the app, on-line or at the North Beaches Parking Office.
If they fail to pay the fee by the time it is due there will be a $10 administrative fee added to the invoice, and they will
have 15 additional days to pay the fee. If the 15 -day payment period passes without payment the Parking Invoice will
become a Parking Citation and will be turned over to the appropriate Municipal Entity for enforcement and collection
subject to the current Municipal Code requirements for that specific violation.
Q What happens if I want to challenge a violation notice?
A Any person receiving a violation notice may contact the North Beaches Parking Program management to discuss,
challenge or question the notice by calling the Parking Administrator at any time. If the parker is not satisfied with the
results of that process, they may request an additional review with the North Beaches Parking Program management
and the City Manager representing the subject location of the violation.
If the violation has passed the 30 -day deadline and has been turned over to the appropriate Municipal Authority then
any adjudication or challenge related to that violation would be subject to the Municipal Code requirements for that
specific violation.
Q What happens if my car is towed, or booted?
A No vehicles will be towed or booted by the North Beaches Parking Program unless directed to do so by the Police
Department having authority over that particular parking space or area.
Q Are there any Parking Spaces with restrictions or that require a special permit?
A There could be some spaces requiring registration, any spaces so designated will be identified by this signage;
STREET SIGN IDENTIFYING PARKING SPACES REQUIRING REGISTRATION