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01-10-22 Regular City Commission Adopted MinutesMINUTES Regular City Commission Meeting r Monday, January 10, 2022 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Glasser called the meeting to order at 6:30 PM. ATTENDANCE: Present: Ellen Glasser, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner - Seat 3 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5 Also Present: Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Ladayija Nichols, Deputy City Clerk (DCC) Mayor Glasser requested moving agenda items 8C, 8H, and 8I after item 8A. The following motions were made. MOTION. Move those items on the agenda as outlined by the Mayor (Move items 8C, 8H, and 8I after Item 8A). Motion: Candace Kelly Second: Bruce Bole Ellen Glasser For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly (Moved By) For Brittany Norris For Motion passed S to 0. Mayor Glasser also requested moving Item 4A after Item 2. MOTION: Move 4A after Item 2 on the agenda. Motion: Brittany Norris Second: Candace Kelly Regular City Commission January 10, 2022 2 Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed S to 0. ROLL CALL City Clerk Bartle called the roll. APPROVAL OF MINUTES 1A. Approve minutes of the Town Hall Meeting on October 16, 2021. Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Dee Reiter spoke about an email she sent regarding a pedestrian being struck by a car right in front of her house. She requested help from the Commission to make the neighborhood safer. Eric Sherline spoke about the same issue as Ms. Reiter. He also expressed concern for speeding in the Selva Marina area. 4.A. Blue Zones Funding - Melanie Patz, Baptist Health Vice President of Community Investment and Impact (Mayor Glasser) Melanie Patz and Sonny Bhikha, Owner of Shivam Properties, presented information about Blue Zones. Ms. Patz provided and explained a handout (which is attached hereto and made part of this Official Record as Attachment A). It was reported that Duval County and the City of Jacksonville have both contributed to the Blue Zones Project, the budget for the beaches project is $2 million over a six-year period; and the project is helpful for the community in the areas of tourism and lifestyle. Mayor Glasser stated that she has spoken with the other beaches Mayors as well as CM Corbin to discuss buying in. She reported proposing a $25,000 budget to CM Corbin and requested input from the Commission. Ms. Patz answered questions from the Commission and explained other aspects of the program such as teen drinking, smoking, and other strategies to provide healthy food. Regular City Commission January 10, 2022 Ms. Patz explained the request for $25,000. Mayor Glasser referred to the handout and stated that there was more information there if they wanted to find it. Ms. Patz answered questions about grant opportunities and gentrification. Attachment A to 1-10-22 Minutes 3 CITY MANAGER REPORTS 3A. COVID-19 CM Corbin reported the status of COVID-19 and indicated that he is monitoring things closely. 3B. Recreation Department CM Corbin welcomed Latrenia Thomas as Interim Director of the Recreation Department and explained he is looking forward to expanding the programs. 3C. Parking on Sylvan Dr. CM Corbin presented a slide (which is attached hereto and made part of this Official Record as Attachment B) and reported on the completed project. Commissioner Kelly commented that the public has taken to it very well. Attachment B to 1-10-22 Minutes 3D. Medians on Atlantic Blvd. CM Corbin reported the status of the landscaping project at medians on Atlantic Boulevard. 3G. Paid Parking CM Corbin reported on the parking on 18th and 19th Street, noting that Neptune Beach will be presenting to their Council in January and then present to us on February 14, 2022. 3F. Electric Mobility Devices CM Corbin reported on the status of electric mobility devices ordinance. CA Durden commented about the ordinance, which was pulled, being a different topic from the moratorium. She explained the moratorium is on the commercial and rental of certain types of electric devices and that it does not have anything to do with privately - owned devices. CM Corbin explained the reasons for pulling the ordinance and noted the need to have agreement on various regulations. He proposed having a workshop. Regular City Commission January 10, 2022 Mayor Glasser explained that the Commission was very clear about not wanting the commercial scooters in this City and that she was expecting to see an Ordinance banning those. She requested that they go ahead and get an ordinance, banning the commercial scooters, cued up and have a workshop for everything else they want to look at. She asked for comments from the Commission. Commissioner Waters commented he thought it was banning the rental of these scooters by companies and that it would be now, not six months from now. CM Durden reported about the moratorium being in effect for two more weeks, and would need to be extended if more time is needed to prepare the ordinance. She noted the plan to have a 6 -month extension of the moratorium on the next meeting agenda. Mayor Glasser reminded staff about the Commission asking for the ordinance and CM Corbin responded that staff would try to have an ordinance back to them by the next meeting, but if not, would ask to have the moratorium extended for a period of months, while they work on the ordinance to be brought back as soon as possible. Mayor Glasser appreciated that there are other things being looked at, but reiterated that the Commission is all in agreement about the commercial rentals and would like to see it sooner rather than later. Commissioner Norris questioned whether the idea was to do it all together. CA Durden explained that the issue on reckless operation is very complex and needs to be addressed, and does not believe an ordinance addressing that issue would be ready in time for the next meeting agenda. CA Durden spoke about the possibility of needing two public hearings for the reckless operation and/or the banning of commercial rentals and the requirement to notice hearings. Commissioner Norris agreed with Mayor Glasser's comments about the Commission being against the commercial rentals. Discussion ensued about having separate ordinances, possibly needing two public hearings depending on where they put the prohibition in the Code, doing it as efficiently as possible, staff absences due to COVID, the Commission's desire to ban commercial rentals, and what other beach cities have done with their moratoriums. Based on the Commission's comments, Mayor Glasser advised CM Corbin to see what he could come up with. 3E. Complete Streets on Main Street CM Corbin reported on the recent workshop, the survey results, and the consultant's plan to present a final report at the next Commission meeting. 3H. 90 day calendar highlights • Mayor's Advisory Council on Heath and Wellness, noon Jan. 12 • Shakespeare in the Park, 7 p.m. Jan. 14-15, Johansen Park • MLK Ceremony, 11 a.m. Jan. 15, Seawalk Pavilion • Arbor Day, Jan. 21 Regular City Commission January 10, 2022 CM Corbin spoke about Arbor Day and heritage tree dedications. There was CONSENSUS to accept the 90 -Day Calendar. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS (4A was taken out of order and acted on earlier in the meeting.) 4B. Dr. Martin Luther King, Jr. Day 2022 Proclamation (Mayor Glasser) Mayor Glasser explained the proclamation and the plan to present copies of the proclamation to awardees from Atlantic Beach during an event on Saturday. Mayor Glasser spoke about the various awardees and presented Commissioner Norris with a plaque and proclamation. 4C. Arbor Day 2022 Proclamation (Mayor Glasser) Mayor Glasser acknowledged Mark Gabrynowicz, ESC Chair, and Amy Palmer, ESC Outreach Subcommittee Chair and spoke about the Arbor Day celebration and heritage tree dedications taking place on Friday. Mark Gabrynowicz, ESC Chair thanked the Commission for recognizing Arbor Day and appreciated all of their support. Mayor Glasser reported her plan to read the proclamation on Friday. Amy Palmer, ESC At - Large Member, thanked the Commission for their support and spoke about Arbor Day events. Reports/Requests Continued Commissioner Bole mentioned he would be attending the Beaches Town Center meeting tomorrow and Dancin' in the Streets has been scheduled for May 21, 2022. He asked the Commission to let him know if they have any input. Commissioner Kelly stated that she would like for the City to check on the City's access to the Atlantic Beach Elementary School playground and track. Commissioner Norris spoke about the importance of traffic engineering. She asked if the Baker Center could have some funding to make it bigger and better. CM Corbin answered that he had asked already and was told no, but he would ask again. She also spoke on paid parking and asked if we received a list of expenses. CM explained the status, noting that they are expected to present the requested data when they come here in February. He believes that they are still requesting a 50/50 split for 18th and 19th Streets, but the existing parking in Town Center would remain at the 70/30 split. Commissioner Waters mentioned that he's waiting to hear what Neptune Beach has to offer regarding paid parking. Mayor Glasser thanked the residents from Selva Marina Drive for coming in and speaking about their concerns. She spoke about the resident's safety concerns and wanting to make them a priority. She also spoke about COVID and her desire to keep everyone safe, noting a hybrid option will be provided for the upcoming Mayor's Council on Health and Well -Being meeting. She asked the Commission if they would Regular City Commission January 10, 2022 5 6 7 8 like to have the city attorney bring back a policy regarding hybrid meetings and everyone responded yes. She also spoke about funding for the Baker Center and agreed to reach out to Councilman Rory Diamond again. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. CONSENT AGENDA None. COMMITTEE REPORTS None. ACTION ON RESOLUTIONS (Items 8C, 8H, and 8I were taken out of order.) 8A. RESOLUTION NO. 22-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PURCHASE TWO NEW TRUCKS DURING FY 21-22; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the resolution title. PWD Scott Williams explained that the department would like permission to purchase two trucks. He explained the wear and tear of their current trucks, noting the need for replacement. He answered questions about the conditions of trucks, whether they will be kept or declared surplus, and the possibility of purchasing electric trucks. MOTION: Adopt Resolution No. 22-02. Motion: Brittany Norris Second. Bruce Bole Bruce Bole (Seconded By) For Brittany Norris (Moved By) For Ellen Glasser For Michael Waters For Candace Kelly For Motion passed 5 to 0. 8.C. RESOLUTION NO. 22-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE ENGINEERING SERVICES FOR A 12" WATER MAIN Regular City Commission January 10, 2022 INSTALLATION NEAR NORTH SHERRY DRIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the resolution title. CM Corbin explained the route for water main installation and noted this will not be a major impact to the tree canopy. Mayor Glasser confirmed that the area is in Jacksonville. Public Utilities (PU) Director Troy Stephens explained the project and answered questions about the force main and impact fees. CM Corbin explained the purpose of impact fees and what the money is used for. PU Director Stephens answered questions about the route, cost, and budget. MOTION. Adopt Resolution No. 22-04. Motion: Brittany Norris Second: Michael Waters Brittany Norris (Moved By) For Ellen Glasser For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Motion passed S to 0. 8H. RESOLUTION NO. 22-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID #2122-02 FOR THE AlA FORCE MAIN REPLACEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the resolution title. PU Director Stephens explained the route of the force main and noted it is budgeted. He answered questions about the selected vendor, possible impact to sidewalks, and the location of the job. Regular City Commission January 10, 2022 Mayor Glasser expressed concerns about the route of this project being part of the East Coast Greenway plan and asked to be provided with diagrams of the City's engineering project once it becomes available. MOTION: Adopt Resolution No. 22-09. Motion: Brittany Norris Second: Bruce Bole Ellen Glasser For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Brittany Norris (Moved By) For Motion passed S to 0. 8I. RESOLUTION NO. 22-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO ALLIANT ENGINEERING, INC. FOR ARCHITECTURE AND ENGINEERING SERVICES FOR THE PUBLIC WORKS BUILDING RENOVATION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the resolution title. CM Corbin gave an overview of the condition of the public works building and offered to tour the building with any Commissioner interested. PWD Williams explained the purpose of the resolution, the ongoing process, and the work that was previously done. PWD Williams and CM Corbin answered questions about relocating during construction, LEED certification, climate controls, and additional storage. Commissioner Norris stressed that, although she is not asking for LEED certification, she wants to know that the conversation has happened with the engineers and architects and staff report back in a couple of weeks with ideas to be more environmentally friendly. CA Durden referred to and explained a handout (which is attached and made part of this Official Record as Attachment C) reflecting changes to Section XXII, Page 10 of the contract and the related Public Records Provision attachment. Regular City Commission January 10, 2022 Mayor Glasser asked if something extra needed to be added to the motion and CA Durden answered no and that the handout should be the version attached to the resolution, not the one in the agenda packet. PWD Williams apologized and stated that they were trying to meet the deadline of the paperwork and it came in that evening. CC Bartle pointed out that the new contract has a different fee schedule which does not match the amount on the resolution and wondered if the resolution should be amended to reflect the new amount. PWD Williams agreed with the observation, and explained his plan to move forward with the $60K and handling the additional $8K later. Mayor Glasser suggested adding the additional money tonight and requested appropriate language from CA Durden.. CA Durden asked what the correct number is and PWD Scott answered $68,750. CC Bartle pointed out $62,500 is what is shown in the new contract. PWD Williams explained that the $60K on the original paperwork was strictly the Zona money, and since then Alliant has added 10% which is $6,250, funds were added and the correct amount is $68,750. Mayor Glasser asked if that number was okay and Commissioner Norris pointed out that that the contract in front of them is also outdated. CA Durden suggested that the amount be $62,500 in this particular resolution. Mayor Glasser asked if CM Corbin could approve the additional funds separately and CA Durden confirmed that this is something that is already covered in the Alliant contract. Commissioner Norris asked if PWD Williams has a contract that says $68,750. PWD Williams answered he did not and explained he is asking for $62,500 which would go through Alliant and to Zona, and will put in another requisition for the $6,250 for Alliant, which would bring the total to $68,750. CA Durden recommended changing the amounts in the resolution to read: 1) $62,500 in the next to the last Whereas clause; 2) $68,750 in the last Whereas clause; and 3) $68,750 in Section 1. Attachment C to 1-10-22 Minutes MOTION: Adopt Resolution No. 22-10 amended to update the first Whereas clause from $60,000 to $62,500 and to update the last Whereas clause and the number in Section 1 from $60,000 to $68,750. Motion: Brittany Norris Second. Michael Waters Ellen Glasser For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed 5 to 0. 8B. RESOLUTION NO. 22-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXTENDING THE TERM OF SUZANNE GREEN AS SPECIAL MAGISTRATE FOR ONE YEAR; Regular City Commission January 10, 2022 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the resolution title. CM Corbin explained the purpose of the resolution. Commissioner Norris asked if the overall feedback for Ms. Green has been good and CM Corbin answered yes. Mayor Glasser reported that both she and Commissioner Kelly have attended meetings. CM Corbin mentioned that Special Magistrate Green is having to learn two different tree codes. Mayor Glasser reported that she has not heard any complaints. MOTION: Adopt Resolution No. 22-03. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 5 to 0. 8D. RESOLUTION NO. 22-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A 33 -INCH DIAMETER LIVE OAK TREE AND 47 -INCH DIAMETER LIVE OAK TREE AS HERITAGE TREES IN DUTTION ISLAND PRESERVE; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser explained that she would like to read the titles for each resolution, have staff reports on all of them, and then vote on all at the same time. CA Durden confirmed that the readings and reports can be done at the same time, but that the vote needs to be done separately for each. She then proceeded to read all of the titles for Resolution 22- 05, 22-06, 22-07 and 22-08. CM Corbin showed and explained the presentation included in the agenda packet. Regular City Commission January 10, 2022 Mayor Glasser asked about thanking and recognizing private owners of heritage trees. ESC Chair Mark Gabrynowicz explained what was done in the past. MOTION: Adopt Resolution No. 22-05. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 5 to 0. 8E. RESOLUTION NO. 22-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A 24 -INCH AND 31 -INCH DIAMETER DOUBLE LIVE OAK TREE AS A HERITAGE TREE IN TIDEVIEWS PRESERVE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Adopt Resolution No. 22-06. Motion: Brittany Norris Second: Michael Waters Ellen Glasser For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed 5 to 0. 8F. RESOLUTION NO. 22-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A 62 INCH -DIAMETER LIVE OAK TREE AT 1959 BRISTA DE MAR CIRCLE AS A HERITAGE TREE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Adopt Resolution No. 22-07. Motion: Brittany Norris Second: Michael Waters Regular City Commission January 10, 2022 9 10 Ellen Glasser For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed S to 0. 8G. RESOLUTION NO. 22-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A 32 -INCH DIAMETER LIVE OAK TREE AS A HERITAGE TREE ON THE CORNER OF 19TH STREET AND NORTH SHERRY DRIVE; AND PROVIDING AN EFFECTIVE DATE. MOTION. Adopt Resolution No. 22-08. Motion: Michael Waters Second: Brittany Norris Ellen Glasser For Bruce Bole For Michael Waters (Moved By) For Candace Kelly For Brittany Norris (Seconded By) For Motion passed S to 0. ACTION ON ORDINANCES None. MISCELLANEOUS BUSINESS None. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Durden mentioned the telephone policy and Mayor Glasser commented it could be discussed at the next meeting. CC Bartle introduced the new Deputy City Clerk Ladayija Nichols who gave a brief statement and was welcomed by the Commission. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Norris expressed Happy New Year to everyone. CM Corbin expressed Happy New year and recognized Chase Jamison on being promoted to Lieutenant after being with the City for 17 years. Lieutenant Jamison gave a brief statement and the Commission thanked him for his service. Regular City Commission January 10, 2022 13 Attest: Mayor Glasser closed with acknowledging the passing of Mary Bailey of Atlantic Beach and stated that she has been credited for cultural renaissance in the City. ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:29 p.m. Donna L. Bartle, City Clerk Date Approved: 711112 () z .11 Ellen Glasser, Mayor Regular City Commission January 10, 2022 Attachment A 1-10-22 Minutes live longer, better - Blue Zonesin Jacksonville BEACH COMMUNITIES Our Calling Attachment A 1-10-22 Minutes With all individuals. organizations and communities To empower everyone, everywhere to live longer, better Co -create the opportunities, tools, process and environment Have a healthy; purposeful long-lasting life Almost all Americans spend 90% of their lives within 20 miles of home. We call this the LIFE RADIUS. That's where we focus—implementing permanent and semi-permanent changes to where people spend the majority of their waking lives. At homes, schools, worksites, grocery stores, restaurants, and faith -based organizations. We make healthy choices easier even unavoidable. Where you spend your time and who you spend it with is the intervention that transforms well-being. Pllj�; �jr t _0 = ,as r. Attachment A 1-10-22 Minutes Examples of Deployed Interventions BEACH CITIES, CALIFORNIA • Smoking banned on all city -owned property, on beaches parks and all recreation areas with cigarette receptacles installed throughout the Beach Cities • Over 100 restaurants achieved Blue Zones Certification • More than 2000 Blue Zones Ambassadors (trained community volunteers) supported healthy transformations • Walking School Bus programs adopted in 14 schools • 23,000 residents took personal pledges to live better, longer 4M, i (_U E ZON E S- CONFIDENTIAL 1 2021 PAGE n • The 3 beach cities worked collaboratively together to adopt the Beach Cities Livability Plan and the South Bay Bicycle Master Plan - working together to secure millions of dollars in grant funding for associated projects and improvements • Place Of Last Drink (POLD) adopted with law enforcement intervening with repeat DWI offenders to support positive changes to drinking behaviors • Complete Street projects made walking and biking easier and more convenient, increasing physicai activity levels Attachment A 1-10-22 Minutes Measurable Results BEACH CITIES. CALIFORNIA • 55% drop in childhood obesity rates at Redondo Beach K-5 schools • 15% drop in overweight/obese adults • 10% increase in exercise n 17% drop in smoking • 12% rise in Life Evaluation* • $72M in productivity improvements and medical cost savings 1. ...yw,j NtN n!:ki.1?f k+i1Mn�1sM.wr.. • `As measured by the Gallup Well -Being Index is a measure of people's future outlook. l.loE ZONES" corar�oerrr�u zoz, { PAGE s Respondents were asked. "Looking at the life ladder, on which step do you think you will stand 5 vears from now?" "Z' .F+ C GJ V Q N a+ 3 C N N t O W- to toM N O (D 01 rl- r� to q M M (D M W " (D (D O M to co Go to � r n (D to �- 'tl' ••- r� n� O O w n (D to 0 to m w n to M O M N .- e - N N N r r fJ O O O O) a) Qp of a0 M CO CO CO CO n n n n n (D to nnnnnnnnh nnr,nCD(6(D66c66c66666666666 N ('7 M (n N (n (� to O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N CV N N N N N N N N N N NNNN N N N N N tV N Rl M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M w tm N uj I Attachment A 1-10-22 Minutes Positive &Negative Affect in Jacksonville 91.50 - 92.54 61- 91.60 -68.67 W 67.60 -66.59 � 88.36 - 67 d0 85.63 -66.36 A 68 - 85.63 63.60 - 64.68 82.72 - B3.60 '4.80 - 62.72 There are significant differences in positive emotions (happiness and enjoyment) across ZIP codes in Jacksonville with some regions close to the happiest countries in the world. whereas parts of the region score much lower U LUE ZONES CONFIDENTIAL 1 2021 1 PAC& 0 35.65 - 38.63 35.28-35 .85 3429 - 35.2 32.97 -34.: ' 31.67-3297 . 30.46 - 11.67 29.S3 - 33,46 28.66 - 23.53 27.41 - 29.86 22.50 - 27A 1 There are significant differences in experience of negative emotions (stress and worry) across Jacksonville. Some ZIP codes only have about 20% of residents experiencing stress or wont' in the previous day while other ZIP codes have residents reporting experiencing such negative emotions almost 40% of the time. Such high numbers are well above world averages for the experience of negative emotions and are often reflective of war-torn or highly impoverished areas. Attachment A 1-10-22 Minutes Blue Zones Project Jacksonxille COMMUNITY BLUEPRINT SUMMARY Built Environment Top Opportunities Countywide: Advance a 'Health in All Policies' Approach Integrate health and equity in plans, partnerships, and processes to impact decision making, the prioritization of projects, and 'implementation practices. Neighborhood -Driven Pop -Ups Engage local community in demonstration projects, for example, activation of segments of the Emerald Trail. Potential Opportunities for the Beaches: Build Community Capacity Host a Complete Streets Implementation Workshop in the Beach Communities and provide training on long-term economic costs of sprawl and benefits of healthy re -development. Crossing Installation Options Showcase crossing installation options along AlA and engage the community around trying different approaches at various locationslintersections prior to permanent implementation. Form an Active Transportation Group to Coordinate Efforts in the Beach Communities Form a committee of advocates, city staff, and regional partners — including East Coast Greenway representatives — to connect efforts and infrastructure among the Neptune, Atlantic, and Jacksonville Beach communities to increase momentum and coordination around public space activation (rrurals, parklets, demonstration projects). Food Environment Top Opportunities Countywide: Create Development Standards to improve Healthy Food Access. Create or update zoning to support heal" food F*astru ttre like farmers markets, community unity gardens, food hubs, and preservation of farmland. Expand Fresh Access Bucks Proqram This Florida program doubles the value of SNAP purchases on fruits and vegetables and is Otis altered at farmers markets and one store in Jacksonville. Program can be expanded with liamde! and program support to expand to additional retail outlets and the large Jacksonville Farrtxx Market. Transform: Jacksonville Farmers Market into Healthy Food Cerate, The market can become a community desf iltbrt with an economic incubator for new food businesses a food skills center, and heaffhy rid food options. Expand Commuonity, Gardeninq Work with local schools. worksdes, faflh orgertiatlons, and corrrrrxity orgartzabons to expand community and horse gardening to nVirove food education and nt rkm the pass for growing fruits and vegetables. Potential Opportunities for the Beaches: Fhatthy Corner Store Inttlatives t blp Convenience and corner stores improve offerings to increase healthy food access in tstderserved areas. Increase Food Skills Conduct an inventory of existing food skiffs resources and programs to guide development and passage of a mnprehensive, comnxxnty-wide strategy designed to increase food skit of adt fs and youth in the cortrrxxity. Create land Use Policy to Protect and Promote farmers Marl ets Enact a land -use policy that allows farmers markets to locate in public parks, on school property. and in other publlo spaces: supports the establishment of markets in underserved area; and doesn't regknre permits or has low-cost pants. Attachment A 1-10-22 Minutes Blue Zones Project Jacksonville COMMUNITY BLUEPRINT SUMMARY Tobacco Policy - Top Opportunities Countywide: Establish Tobacco Retailer Licensing Program Businesses will need to purchase retail licenses to sell tobacco products, including vaping products. Policy that restricts availability of fruit and candy flavorings Restrict incentives for marketing to youth, including restricting any free or reduced -price product samples. Assist schools implementing supportive and progressive interventions for tobacco intervention and control on school and campuses. Potential Opportunity for the Beaches: Explore and expand parks, greenspace. and beach - area smoke-free policy efforts Move from a voluntary effort to codified policy. BLUE ZONES CONFIDENTIAL i 2021 1 PAGE Alcohol Polici- Top Opportunities Countywide: Place of Last Drink (POLD) Reporting Information is entered into a database and used to identify patterns of problematic locations and serving practices. Responsible Beverage Service and Management Training Responsible beverage service (RBS) training programs provide service staff knowledge and skills to serve alcohol in a responsible manner and comply with legal requirements. Screening, Brief Intervention and Referral to Treatment (SBIRT) Systematic screening and brief interventions for people who need help, but do not require full treatment. Potential Opportunity for the Beaches: Communications and Social Marketing Campaign A public education campaign to key stakeholders, leaders and the general public on the need for additional efforts to address the "White Claw" culture, excessive drinking, and the consequences that result. Foundation Period Foundation 9 Months Attachment A 1-10-22 Minutes 0 l�1 Hiring and Training of the Core Team 00Establishment of Committee Structure and Training 0Establishment of Volunteer Base and Training 0 BLUE ZONES coNFioer:TJ,'k.; 2D21 ; PAG/ 10 '1 PR Media and Marketing/ ( ``2 Engagement Outreach ( Web and Social Media Engagement with Tools ✓ Community Engagement Even Master Blueprint: All Sectors & Marquee Projects Detail* 0 Central Team Implementation & Project Management Oversight 'The recommendations set for the Phase 1 A/ assessment were preliminary. The Master Blueprint is designed during the foundation period with community leaders and will be the final set of recommendations for he communit . Global Expert Summits (� Gallup Community Oversample: Baseline 0Baseline Metrics and Annual Targets - Dashboard 0 BLUE ZONES coNFioer:TJ,'k.; 2D21 ; PAG/ 10 '1 PR Media and Marketing/ ( ``2 Engagement Outreach ( Web and Social Media Engagement with Tools ✓ Community Engagement Even Master Blueprint: All Sectors & Marquee Projects Detail* 0 Central Team Implementation & Project Management Oversight 'The recommendations set for the Phase 1 A/ assessment were preliminary. The Master Blueprint is designed during the foundation period with community leaders and will be the final set of recommendations for he communit . Attachment A 1-10-22 Minutes Post Blue Zones Post -Certification Structures CERTIFICATION Assess Foundation 9 Months MINIMUM TIME TO CERTIFICATION (Foundation + 5 Years of Transformation) L 5 Years Certification Criteria Awareness & Engagement of Leadership. Citizens and Organizations Improvement in Key Components and/or Overall Well -Being • Reduction in Health and Well -Being Risks • Evidence of Change Deployed to People. Places, and Policy • Improvement in Key Community Self -Reported Metrics �� i LU E ZONES CONrIDEN'IAL I 2021 1 PAGE POST -CERTIFICATION RIGHTS Continue Managed Model Move to Enabled Model Move to License Mode+ Attachment A 1-10-22 Minutes Focused Blue Zones Project BEACH COMMUNITIES Zip Codes: 32250, 32266, 32233 Total Population: 59,325 n^ Adults: 75.2% Total Adults: 44,630 Total Fees: $2,034,000 (Foundation +Transformation) Dedicated FTEs: 2.0 @ ' , ! Z IE ZONES CONMENTW ( 2021 t PAGE 12 Attachment A 1-10-22 Minutes Attachment B 1-10-22 Minutes Parking on Sylvan Drive Q� divant Ave Sturdivant Av tlantic Blvd Flor' a State Road Al A I.P. i _i -Haj; of Neptune Beach - Attachment C 1-10-22 Minutes "0:t4'A., n,��rnc�rvr� �rr�r�rr,�cr'r,r�r�ar r�r��vr�v� ,�; rNr�r�rr�rr a�srcN CONTRACT FOR ARCHITECTURE & ENGINEERING SERVICES Atlantic Beach Maintenance Bldg. Renovation December 17'h, 2021 This Agreement is for Complete Architectural and Engineering services for the renovation of the City of Atlantic Beach Maintenance Building located on 800 Seminole Road, Atlantic Beach, FL between Zona & Associates (Architect), and Alliant Engineering, Inc. (Client). I. Proiect Description This project will consist of renovating an existing 2 - floor building, approx. 4,905 sq. ft total. We will use the revised Schematic Drawings that were created by our office and approved by the user group. The following list of renovation items will be included in the final Design and Construction Documents included in this proposal for Architectural and Engineering Services: • Selective Demolition (Walls, Ceilings & Floors) • Add New Stairway and revise current stairway to meet codes • Add New Doors and windows as shown in drawings (Both Floors) • Add New Walls and New Drywall and Paint throughout • Relocate Existing A/C units (Include new ductwork as required by plans) Attachment C 1-10-22 Minutes Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building • Update Toilets and add New Restrooms as shown in the final Documents (Fixtures and Plumbing) • Provide New Lighting Fixtures (LED) • Add New Insulation in exterior walls and new roof system • Provide New Electrical supply and Panel boxes as required • Provide new Handicap Lift to meet provisions of the current FBC • Provide New Carpet or Vinyl Flooring as shown in New Documents • Replace Existing Roll Up Doors with sizes shown in the New Documents • Add new exterior Masonry walls on all 4 sides of existing building. • Add new Gutters and Downspouts • Provide New Roofing system per Structural Engineers recommendations including Limited Demo, removal of existing metal roof and add new purlins and beams per Structural Engineer's Study. • Replace existing low roof with installation of a new roof system to match main building. (No new Structure required) • Please find attached the Drawing Named: FLOOR PLANS REVISED 09 07 21 which will be our layout document reference for this Proposal. II. Basic Services Description A. The Architect will rely on the approved Schematic Design Office Layout drawings dated 09 07 21 as the basis for design. Both parties, however, recognize that such information may change by mutual consent, and, in that event, the Client and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation if the changes are "material". B. The Architect's Basic Services consist of those described in this Article III and include the usual mechanical and electrical engineering services, but the structural services are based on the previous Structural Assessment completed by LJG Engineering, Inc. whose recommendations were accepted by the Client. Services not set forth in this Article III are Supplemental or Additional Services. C. The Architect shall coordinate its services with those services provided by the Client and the Client's consultants. The Architect shall be entitled to relay on (1) the accuracy and completeness of the services and information furnished by the Client and (2) the Client's approvals. D. The Architect shall discuss with the Client the Client's program, schedule, budget for the Cost of the Work, Project site and alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Client regarding the Project requirements. E. The Architect shall consider the relative value of alternative materials, building systems and equipment, together with other considerations based on program, 2111agc 1 2/ 1 7/202 1 Attachment C 1-10-22 Minutes Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building aesthetics, and any sustainable objectives, in developing a design for the Project that is consistent with the Client's schedule and budget for the Cost of the Work. F. Discuss any new ideas from the Client and Client Representative that will help finalize the design and operational scope of this project and incorporate same into the preliminary project templates. G. Prepare Design Development plans, sections, and elevations based on the outcome of the previous Schematic Design approved by the Client for discussion and further refinement. Refine elevations as necessary to achieve the desired aesthetic as determined by the Architect and the Client. The Design Development package will be based on sketches provided by the client for character and the Schematic Design sketches provided by Architect and approved by the Client. H. If applicable, review schematic work with Client and make any necessary changes or contract adjustments required to establish an approved plan from which design development documents can be developed. 1. Prepare documents required to obtain planning approval for the project by the reviewing authorities. This is expected to be consistent with the information provided by the Client. Prepare final Design Development Documents to include CAD base sheets, additional wall sections, basic details, window and door schedule outlines and complete engineering schematics including HVAC, Elec., Plumbing, and Structural Designs per the previous study by LJG Engineering. K. Based on the Client's approval of the Design Documents, the Architect shall prepare for the Client's submittal Construction Documents consisting of Drawings and Information that the local jurisdiction requires in order to issue a permit to complete the Project. The actual permits will be obtained by the Client and their Contractor. This phase will include all necessary coordination of all required engineering. The Client and Architect acknowledge that in order to construct the Work the Contractor will provide additional information including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect will review in accordance with Section 13. L. The Architect shall review and approve, or take other appropriate action, upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect is not responsible for the approval of safety precautions, or any other construction means, methods, techniques, sequences, or procedures. 31 Page 12/17/2021 Attachment C 1-10-22 Minutes Zona & Associates 2600 Belfort Road Jacksonville, FL, 32216 Contract for Architecture and Engineering Services City ofAtlantic Beach Maintenance Building M. Provide day to day design and engineering support during the construction process to ensure all questions are addressed in reasonable time. Review shop drawings, technical submittals and pay request documentation with quick and decisive professional responses. If there are any conflicts or oversights by our consultant group in our contract documents, it is the responsibility of the Architect to provide this additional information or amended details at no additional cost to the clients. Design and Construction are not perfect sciences but a team effort to do the best job possible to help create a good and fully functional facility in which all parties involved can take pride at its completion, commissioning and ultimate functionality. N. The Architect shall advice and consult with the Client during the Construction Phase Services. The Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive, or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the work. O. Prepare final close-out review of the project including the Contractor's punch list resolution, final pay and retention release documentation and contract closure. III. Additional Services Description A. The basic services outlined above will be an all-inclusive package to cover Design Development through final Contract Documents required for permitting and project completion. B. The Architect shall provide services necessitated by a change in the Initial Information, changes in previous instructions or approvals given by the Client, or a material change in the Project including size, quality, complexity or the Client's schedule as an Additional Service. Additional services may be provided after the execution of this Agreement without invalidating this Agreement. C. Additional scope of work for items may be requested and provided for hourly rates or fixed fees based on the new and/or additional scope definition. These services will be offered and described in a Fee and Services Proposal which could include, but are not limited to: 41P,igc 12/ 1 7/202 1 Attachment C 1-10-22 Minutes Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building I . Professional rendering of the finished product (beyond Z&A work shown previously for other projects). Four high quality renderings (exterior and interior) similar to others which we are able to do in-house, are included in the basic services contract. Additional renderings will be available as a pass-thru reimbursable. 2. Interior design services required for selection, procurement and/or installation of furniture and furnishings. (Layout is included in Basics) Surveys, soil boring, botanists, and specialty engineering services that may be required. 4. Civil Engineers and Landscape Architects Scale models for use in the model center if desired. 6. Technical Specifications (Specification book is included in this proposal) 7. Value Engineering is not included and will be considered additional services IV. Project Quality and Budget Expectations The quality level of this project can be best described as consistent with the recent standards in general area and as referenced by the clients as appropriate for the marketplace. Budgets will be established as soon as there is agreement on the overall design concepts and building systems are conceptually identified. The budget will be continuously revised as more detail is known about the scope and quality of the project. V. Project Schedule Work can begin immediately upon acceptance of this Agreement and receipt of the retainer. Client further understands that Z&A does not control consultant and/or city and/or state agencies and their holiday schedule and delays may be incurred. VI. Client Responsibilities The Client will be responsible to deliver to the Architect accurate surveys to describe physical characteristics, legal limitations, and utility locations for the site of the Project, topographical data and test boring analyses and recommendations. The Client will also obtain any necessary Site planning permits required by the local authorities. The Architect and various Engineers will provide the design and technical documents necessary for the submittal. In order to maintain the deliverables timeline by the Architect, Client/Client will be prompt (within a 10 - business day timeframe) in their review of design materials in connection with the design process undertaken by the Architect. This makes it possible for the design team to respond to the comments in time for them to be included in the next submittal to the Client/Client. 5 1 P a c 12/ 1 7/202 1 Attachment C 1-10-22 Minutes Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building VII. Arch itect/Engineerin2 Liabilities The Architect and Engineers must hold required current licenses to practice their respective professions in the appropriate state and sign and seal their respective drawings and details as required for permitting. The Architect and his consultants will carry appropriate levels of E+O insurance and general liability coverage. VIII. Deliverables Periodic copies of progress work will be provided to the Client for review and comments throughout the evolution of the design process. In addition, record sets of documents or conclusion of groups of activities will be provided for review at the completion of the following milestone activities: All necessary Engineering Services will be incorporated into the Construction/Contract Documents and be co -coordinated with each other. Technical specifications will be prepared jointly by the Architect and General Contractor and specifications will be incorporated into the Contract/Construction Documents as notes and Drawing Sheets. It is the Contractor's responsibility to obtain all necessary building permits for the project. IX. Fee and Payment Schedule A. The A/E fee will be $62,500 be paid in accordance with the following schedule. a) **Completion of Schematic Design 25% ................................$14,500 b) **Completion of Design Development 50% .................................$14,500 c) Completion of 100% Construction Docs with Spec. Book ..........$26,000 r1) Contract Administration (spread 6 Months over job).................$7.500 Total Contract Amount $62,500 B. Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. All payments must be received within 15 days of the delivery of the invoice or work will be suspended until payment is received. Project dates will be extended accordingly 6111agc 12/ 1 7/2 02 1 Attachment C 1-10-22 Minutes Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building X. Reimbursable Expenses Proiect EnaineerinLy Services included in this proposal are Mechanical Plumbing, Electrical, Structural and Fire Protection. Additional Engineering services which may be needed are contracted directly with the clients such as: • Civil Engineering and Landscape Architecture (engaged directly with clients or treated as a reimbursable expense) • Soils Engineering (Including Soils Borings) • Property Survey (engaged directly with clients or treated as a reimbursable expense) • Threshold Inspector (During Structural Construction) • Specification Writers - $3,500 included in this proposal Normal reimbursable expenses such as, but not necessarily limited to the following: Postage, courier delivery when requested by the client; prints other than in-house progress prints, large scale reproductions, etc., will be billed to the client without a markup. XI. Interpretation Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Client and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. XII. Indemnification: The Client and its affiliates shall indemnify and hold harmless Zona & Associates, P.A. and all of its personnel and consultants form and against any and all claims, liability, damages, losses and expenses (including attorney's fees and defense costs) arising out of or resulting from the performance of the services, including the procurement of specialized permits by consultants, provided that any such claims, damage, loss or expense is caused in whole or in part by the negligent act(s) or omission(s), and/or strict liability of Zona & Associates, P.A. or anyone directly employed by Zona & Associates, P.A. This indemnification shall include any claim, clamage, or losses due to the presence of hazardous materials. XIII. CONTRACTURAL LIMATION ON PERSONAL LIABLITY: THE INDIVIDUAL EMPLOYEE OR AGENT WHO WILL PERFORM THE PROFESSIONAL SERVICES UNDER THIS 7111t1rc: 1 2/ 1 %/202 1 Attachment C 1-10-22 Minutes Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building CONTRACT IS NOT A PARTY OT THE CONTRACT. PURSUANT TO THE SECTION 558.0035, FLORIDA STATUES (JULY 19 2013), AN INDIVDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDVIDIUALLY LIABLE FOR NEGLIGENCE. XIV. Hidden Conditions: Zona & Associates, f .A. shall not be responsible for hidden conditions nor any resulting damages to persons or property. A condition is hidden if concealed by existing finishes (excluding lay -in type ceilings), buried below floors or finished grade, or is not capable of investigation by reasonable visual observation. If Architect has reason to believe that such a condition may exist, Architect shall notify the Client who shall authorize and pay for all costs associated with the investigation ol'such a condition and, if necessary, all costs necessary to correct said condition. If (1) the Client fails to authorize such investigation or correction after due notification, or (2) Architect has no reason to believe that such a condition exists, the Client is responsible for all risks associated with this condition, and Architect shall not be responsible for the existing condition nor any resulting damages to persons or property. Architect shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of' persons to hazardous materials of any form. XV. Mediation I . Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subiect of a lien arising out of Zona's and its Consultants services, Zona may proceed in accordance with applicable law to comply with the lien notice or tiling deadlines prior to resolution of the matter by mediation or by binding dispute resolution. 2. Mediation, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect on the date of this Agreement. The parties shall share the mediator's fee and any filing fees equally. 3. 1 f the parties do not resolve a dispute through mediation pursuant to this Section G, the method of binding dispute resolution shall be Arbitration pursuant to Section XVII of this Agreement. XVI. Arbitration 1. Any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subiect to binding 811'agc 12/17/2021 Attachment C 1-10-22 Minutes Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. 2. A demand for arbitration shall be made no earlier than concurrently with the fling of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceeding based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institute of legal or equitable proceedings based on the claim, dispute or other matter in question. 3. The award rendered by the arbitrator(s) shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. XVII. Jurisdiction and Venue This agreement shall be governed by, and construed with, the laws of State of Florida and venue for any disputes shall be in Duval County, Florida. XVIII. Termination or Suspension 1, This Agreement may be terminated by either party with or without cause upon not less than seven (7) days written notice. In the event of termination, the Architect shall be compensated for services performed prior to termination, reimbursable expenses incurred, and all costs attributed to termination, including costs attributable to the Architect's termination of consultant agreements. 2. If the Client fails to make payments to Zona accordance with this Agreement, and at Zona & Associates' sole option, the failure to pay as described in this Section is cause for suspension of performance of services under this Agreement. If Zona elects to suspend services, Zona shall give seven days' written notice to the Client. Upon receipt of such notice, if Client pays Zona within seven days, all amounts due under this Agreement for services performed through the date of suspension plus any expenses incurred in the interruption and resumption of the Architect's services, then the failure to pay is deemed cured and the Parties shall resume with this Agreement. Neither Zona's failure to immediately exercise its options to terminate for cause, nor its implementation of suspension rights as identified in this Section of this Amendment, shall constitute waiver. XIX. Consequential Damages The Client and Design Professional mutually agree to waive all claims for indirect, incidental, special and consequential damages arising from or related to the services described herein. XX. Severability and Survival If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired 91 fade 1 2/ 1 7/202 1 Attachment C 1-10-22 Minutes Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building thereby. Limitations of liability and indemnities shall survive termination of this Agreement for any cause. XXI. Copyrisht & Licenses The Architect grants to the Client a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintain, altering and adding to the Project. Any unauthorized use of the Instruments of Service under this section shall not apply if the Client rightfully terminates this Agreement. Additionally, any unauthorized use of the Instruments of Service shall be at the Client's sole risk and without liability to the Architect and the Architect's consultants. XXII. CAD Files Upon completion of the project and upon receipt of CAD File Release Form; Architect will provide Client/Client AutoCAD files of the permitted project. Architect further agrees to comply with the requirements of Attachment One, Public Records Provisions, attached hereto and made a part hereof. PROPOSED BY: ***ARCHITECT*** Date: December 17'h 2021 John Zona III, A.I.A., Zona & Associates President ACCEPTED BY: ***CLIENT *** Alliant Engineering, Inc. Clients Date: Marcus DePasquale 1011'a c 12/17 01)1 Attachment C 1-10-22 Minutes Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architectaire and Engineering Services City of Atlantic Beach Maintenance Building ATTACHMENT 1 PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida Section . Public Records (a) 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 CONTRACT, CONTACT DONNA BARTLE, THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS AT (904) 247-5809, DBARTLE(&COAB.US, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233. (b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records laws, specifically to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law. 3. 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 public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt for 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 public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 111 Pat c 12/ 17/202 1 Attachment C 1-10-22 Minutes Zona & Associates 2600 Belfort Road Jacksonville, FL, 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building (c) Failure to provide the public records to the public agency within a reasonable time may subject the contractor to penalties under s. 119,10 and s. l 19.0701(4), Florida Statutes. Note: Section (a) above must be in at least 14 point boldfaced type PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida This is to confirm that we have received the Public Records Provisions q Print: John Zona, III Phone: 904-371-2790 Date: 01/05/2022 1211'age 1/5/2022