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5-13-24 Draft Agenda City of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, May 13, 2024 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES 1.A. Approve Minutes of the Town Hall meeting held on April 13, 2024. 4-13-24 Town Hall Draft Minutes 5 - 10 2. COURTESY OF FLOOR TO VISITORS 2.A. Berkshire Hathaway Florida Network Realty presentation/Atlantic Beach Cares Donation (2023 Luminaria) 2.B. 2024 Public Works Week Proclamation National Public Works Week 2024 11 PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (May - July 2024) 90-Day Calendar (May - July 2024) 13 - 16 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Award Bid 2324-12 to GEC Trucking & Construction, Inc. and authorize the City Manager to execute the contract. Milling & Paving 2024 17 - 19 Page 1 of 199 Regular City Commission - 13 May 2024 6.B. Approve the purchase of the Thor Guard lightning protection system and authorize the City Manager to execute contracts and purchase orders to effectuate this purchase. Lightning Protection System Upgrade 21 - 25 7. COMMITTEE REPORTS 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 24-22 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2324-10 FOR SR A1A MAYPORT ROAD WATER MAIN IMPROVEMENTS; 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. Resolution No. 24-22 27 - 32 8.B. RESOLUTION NO. 24-23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING A PARK, RECREATION AREA AND BUILDING NAMING POLICY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 24-23 33 - 39 8.C. RESOLUTION NO. 24-25 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND HOOSE HOMES AND INVESTMENTS, LLC, FOR THE PURCHASE OF 2.16+- ACRES OF REAL PROPERTY IN ATLANTIC BEACH ON DORA DRIVE (PARCEL ID 172118 0000, 172119 0000, 172122 0000) FOR THE PRICE OF $1,075,000; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS, COMPLETE DUE DILIGENCE EFFORTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 24-25 41 - 97 8.D. RESOLUTION NO. 24-26 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH BS&A SOFTWARE LLC TO PROVIDE AN ENTERPRISE RESOURCE PLANNING SOFTWARE SOLUTION AND ASSOCIATED SERVICES TO THE CITY FOR THE AMOUNT OF $326,840; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 24-26 99 - 128 Page 2 of 199 Regular City Commission - 13 May 2024 8.E. RESOLUTION NO. 24-27 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO CONTRACT WITH C & L LANDSCAPE, INC. TO PERFORM TIDE VIEWS SUNSET PIER AND WALKWAYS RENOVATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 24-27 129 - 196 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 20-24-173 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024, AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 20-24-173 197 - 199 10. MISCELLANEOUS BUSINESS 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, visit www.coab.us/live. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic Page 3 of 199 Regular City Commission - 13 May 2024 Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting. Page 4 of 199 Town Hall April 13, 2024 MINUTES Town Hall Meeting Saturday, April 13, 2024 - 10:00 AM Gail Baker Community Center City Hall, 800 Seminole Road Atlantic Beach, FL 32233 ATTENDANCE: Present: Curtis Ford, Mayor – Seat 1 Bruce Bole, Commissioner - Seat 2 (District 1308) Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: William B. Killingsworth, City Manager (CM) Ladayija Nichols, Deputy City Clerk (DCC) Following the Pledge of Allegiance Mayor Ford called the meeting to order at 10:05 AM. 1 TOPICS FOR DISCUSSION Community Centers Survey Link to Community Centers Survey CM Killingsworth explained the survey as detailed in the agenda and described the results received thus far. Suzanne Shaughnessy asked if a veteran's services office was requested in the survey responses. CM Killingsworth reported that it did not make the top rated responses. Sarah Boren expressed that she would like for the new community center to be built in a resilient and sustainable way. She suggested that more community centered activities be available and that a request for demographic information be added to the survey. Mark Gabrynowicz inquired about the credibility of the survey and suggested getting more of the community to complete the survey. Commissioner Waters asked if the Commission has done a good job with getting the survey out. Mr. Gabrynowicz emphasized that the survey is important. Commissioner Ring expressed that there was potential confusion with this survey and the parks master plan survey. She agreed with the suggestions of demographic Page 1 of 6 Agenda Item #1.A. 13 May 2024 Page 5 of 199 Town Hall April 13, 2024 information being added to the survey. She asked how long the survey would be available, CM Killingsworth answered that it would be available for two weeks. Don Wolfson inquired about the result of placing flyers out in the community. Commissioner Ring expressed that there are many places to place flyers and market the survey. She mentioned that she wouldn't feel comfortable with moving forward on any decisions with the current amount of responses received. CM Killingsworth spoke about the Commission priorities and explained that staff will be looking at ways to track services, by survey, on an ongoing basis. Sarah Boren made further suggestions on getting the survey out. Commissioner Ring offered further suggestions for getting the survey out. A citizen opined that the City does a good job getting information out. Veronica Rodriguez offered further suggestions on advertising the survey. Mark Gabrynowicz agreed with Ms. Rodriguez's suggestions. Atlantic Beach Elementary Mayor Ford made a brief statement in support of removing Atlantic Beach Elementary (ABE) from any list for potential closure. He encouraged citizens to continue to advocate to the school board for the non-closure of ABE. Commissioner Bole read a part of an email that was received from the superintendent of the school board (which is attached hereto and made part of this Official Record as Attachment A). He emphasized the importance of engaging the school board on this issue. Carolyn Zisser requested that the DCPS Superintendent's email be added to the City website. Don Wolfson commended the Mayor's leadership on this issue. He mentioned that he has communicated with all of the beach Mayors and encouraged the Commission to come together as a unified group to help coordinate these efforts. Commissioner Waters expressed that the Commission is in full support of ABE staying open. Commissioner Ring briefly spoke about the email received from the DCPS Superintendent and expressed that she would like to know where the City Attorney is in conversation with the DCPS Attorney. Mayor Ford briefly spoke about his findings from the most recent school board meeting. Don Wolfson provided further comments on this issue. Page 2 of 6 Agenda Item #1.A. 13 May 2024 Page 6 of 199 Town Hall April 13, 2024 Commissioner Bole spoke about his conversations with individuals regarding this issue that occurred at the Beaches Town Center Agency Golf tournament. Debbie Monty expressed that all local politicians should be involved in advocating for this cause. Sarah Boren requested that the City set up a website with information regarding this issue. Mayor Ford expressed that this issue is a crossover from the school board to the City and that the City might not post things regarding this issue on the website and thanked her for the suggestion. Peter Coalson reiterated the importance of this issue. He asked questions about specifics of this issue and CM Killingsworth, Mayor Ford, Commissioner Bole, Don Wolfson answered his questions. Commissioner Ring suggested that Emily McCarthy share a presentation that she gave to the SOS group. She expressed that she wants to consider potential infrastructure impacts if this issue were to move forward. Emily McCarthy expressed that she is grateful to the Commission for passing Resolution No. 24-21. Mayor Ford mentioned that not all of AB's children attend ABE. He expressed that this issue could be an avenue for advocating that all children in AB are able to attend ABE. Suzanne Shaunghnessey spoke about the City boundaries as it relates to the school board. Colleen November shared that everyone can visit saveatlanticbeach.com for updates regarding this issue. Veronica Rodriguez asked if the school board community meetings are live streamed. Commissioner Ring shared that the meetings are live streamed. Mayor Ford expressed that the next step would be to attend the school board meetings. Mark Gabryonwicz made a suggestion for those who have a website regarding this issue. Elliot Zisser mentioned that the school board member for ABE's district has not attended any of the Commission meetings. A citizen mentioned that the school board made a collective decision to not engage at this time but rather, hold community meetings for a collective conversation. Another citizen shared that the superintendent has visited ABE and believes that she was able to get a good impression of the school's utilization. Cashawna Thomas echoed many of the sentiments citizens have previously shared about this issue. Page 3 of 6 Agenda Item #1.A. 13 May 2024 Page 7 of 199 Town Hall April 13, 2024 Carolyn Zisser made further suggestions to the Commission regarding this issue. Lisa Herrold encouraged each individual to continue to advocate to the school board. Commissioner Bole offered additional suggestions to Ms. Herrold's comments. Colleen November expressed that she would like more information on completing a records request to the school board. Don Wolfson offered further suggestions regarding what to research in order to gather information to take to the school board. Richard Merriam made a suggestion on reviewing action items. CM Killingsworth spoke about the ad valorem tax as it relates to the school board. Sarah Boren mentioned additional topics for the City to review. Mayor Ford provided closing comments. 4-13-24 Attachment A 2 PUBLIC COMMENT - OPEN TOPICS None. ADJOURNMENT The meeting adjourned at 11:32 AM. Attest: Ladayija Nichols, Deputy City Clerk Curtis Ford, Mayor Page 4 of 6 Agenda Item #1.A. 13 May 2024 Page 8 of 199 From: Bartle, Donna <dbartle@coab.us> Sent: Friday, April 12, 2024 5:14 PM To: Elected Officials Subject: FW: Constituent Services Issue # '2024-C345E' (Atlantic Beach Inquiry- Bartle) Attachments: dcps_logo.png Forwarding the response I received (below). Thank you, Donna L. Bartle City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5809 From: Kriznar, Dana L. <kriznard@duvalschools.org> Sent: Friday, April 12, 2024 4:44 PM To: Bartle, Donna <dbartle@coab.us> Cc: Hershey, Lori O. <HersheyL@duvalschools.org>; Joyce, Charlotte D. <joycec@duvalschools.org>; Jones, Warren A. <JonesW2@duvalschools.org>; Willie, Darryl D. <WillieD@duvalschools.org>; Coker, Kelly G. <cokerk@duvalschools.org>; Pearson, Cynthia H. <PearsonC1@duvalschools.org>; Carney, April A. <CarneyA1@duvalschools.org> Subject: Constituent Services Issue # '2024-C345E' (Atlantic Beach Inquiry- Bartle) Thank you for your note to our board members and for your support of Atlantic Beach Elementary School. Let me assure you that the proposal gaining so much attention recently is only the first draft. It came from a consultant who presented it to our board earlier this year. Nothing has been decided, and there will be a tremendous amount of community conversation before final plans are written and presented to the school board for approval. We are in the very early stages of this process. However, as a district and with our school board, we do have difficult decisions to make. Charter school revenue sharing and pandemic-era inflation have had significant impacts on our budgets for operations and facilities. While we are a long way from final recommendations on how we address these financial challenges, I want to be transparent in letting you and the community know that the status quo is not an option available to us. The district must operate within the context of the financial realities we face. I do appreciate your note and your strong support for Atlantic Beach Elementary School. I hope you will remain engaged in the discussion as it continues over the next several weeks. Kind regards, Dr. Dana Kriznar Superintendent Duval County Public Schools 1701 Prudential Drive Jacksonville, FL 32207 Tel: (904)390-2115 Fax: (904)390-2586 Attachment A to 4-13-24 Minutes Page 5 of 6 Agenda Item #1.A. 13 May 2024 Page 9 of 199 ------ Original Inquiry ------ Please review the attached resolution, adopted by the City Commission of the City of Atlantic Beach on April 8, 2024, requesting that the Duval County School Board takes action to ensure that Atlantic Beach Elementary School continues to operate as the community’s elementary school and is not subject to closure. ------ Original Inquiry------ This communication may contain privileged and confidential information intended only for the addressee(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please notify the sender by reply email and destroy all copies of the original message. Under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida has broad public records laws and virtually all written communications are public records unless specifically deemed confidential pursuant to state or federal law. Attachment A to 4-13-24 Minutes Page 6 of 6 Agenda Item #1.A. 13 May 2024 Page 10 of 199 iBrUtIamatinttatthe ditty of Qtlantit ram) in Recognition of National Public Works Week WHEREAS,public works services provided in our community are an integral part of our citizens' everyday lives;and WHEREAS,the support of an understanding and informed citizenry is vital to the ef?cient operation of public works systems and programs such as streets and stonnwater,beaches,sanitation,parks and building maintenance,landscape and beauti?cation;and WHEREAS,the health,safety,and comfort of this community greatly depends on these facilities and services;and WHEREAS,the quality and effectiveness of these facilities,as well as their planning,design,and construction,is vitally dependent upon the efforts and skill of public works of?cials;and WHEREAS,the ef?ciency of the quali?ed and dedicated personnel,who staff the public works department,is materially in?uenced by the people's attitude and understanding of the importance of the work they perform;and WHEREAS,this year’s theme "Advancing Quality of Life for All"speaks to the essential nature of public works services in support of everyday quality of life. NOW,THEREFORE,I,Curtis Ford,by virtue of the authority vested in me as Mayor of the City of Atlantic Beach,Florida,do hereby proclaim the week of May 19ththrough May 25th,2024 as NATIONAL PUBLIC WORKS WEEK in the City of Atlantic Beach,and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works;and to recognize the contributions which public works of?cials make every day to our health,safety,comfort,and quality of life. IN WITNESS WHEREOF,I have set my hand and caused the Of?cial Seal of the City of Atlantic Beach to be af?xed this 13thday of May,2024. Curtis Ford,Mayor Agenda Item #2.B. 13 May 2024 Page 11 of 199 Page 12 of 199 AGENDA ITEM:90-Day for the City Commissi CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT TODAY’S DATE:May 1,2024 MEETING DATE:May 13,2024 BACKGROUND:The 90-day calendar is included on the agenda for the purpose of setting meeting dates and determining the location,time and whether to Videotape special meetings and workshops.The rolling 90-day calendar is routinely revised based on input from City staff and the Commission,and is included in each agenda for consideration by consensus. BUDGET:None RECOMMENDATION:Accept the 90-Day Calendar for May-July 2024 by consensus ATTACHMENT:City Commission 90-Day Calendar (May-July 2024) REVIEWED BY CITY MANAGER: SUBMITTED BY:Adrianna Walsh,Executive Assistant to the City Manager Agenda Item #3.A. 13 May 2024 Page 13 of 199 mmCE;5209 En 0END30EEnumtogm3&1 %<2623:38;9:22 :250:ooZlEm __E3253 2:5 50330.5 952 503:0:ooZIEm ImbvcoaES»3me 525503Emo“mun.:03 ?ow ZO—mmH—ZEOUWHHU .CWQMDHx‘mxw/‘DHME”CWDmZDEH.CquEZDm—V/,?/uQmJDH #40202 w/wQZDm 886 8050 36 Vida mag—89> Em mb58200 NEGREESE Sam uoEEEon?sm houoamomUSN ba?asmsm0mm Xmm Aomew22:: EnMi 8&8me5:2 2 EnOmno mmzmom:05ng EnNwctmorEmb?mmz 58%22588:};250 Ema quEEoossm35:63— E5.5283603 mm 8335:» 8Q cvotd??oowaving roEEr—L«momma mm mm an3% ooESEOonam £285500mm m_ Sn0858800 35395on _S:oEco:>:m :im?m “35358.9me m Emm 355053> BEM$O>¢© Eaomno sowmmMEEoU30. mm Emo EmomEoEmoERWQ 5:55:80 5. Eu0 83555085:30 JSEEBMdt< 3 Saw EmomEoEmoEED 3858800 hm Eu o 8:58 3 “EB.umEEEoU 325%5.5.5 9: EE :ommmmEEoU36 3m 920M595 :5 one nommm??too\EU 2 35m :335 Sn WE“3 8x32 mgvchmm cm 35 Em::a m Ew?Z onmzoo< Oman:33”: En N58 2 $382 £3ch 9 23m 233% an N-Emo. EVE:£28m,“ (\] A380 2mg;Eu 0 “.6250 Eo?awcom 3.8m :ommsmv an NASwS “8:32 VIBES Agenda Item #3.A.13 May 2024 Page 14 of 199 p 30 23$Hummsm>02E0%82 ‘xnowomSSESmom E8 83 886 $050 36 hmvzom£5833. ZOHmm—E—ZOU>r— .r/,<AS~D.:.,L>495:CAEZD.CCm..._72:.vx327:3....C.QZCZ m?aQZDm .8.“QEQWQJV.DwEO?dm .ou—Eo?sm£8230mEmeBBm hwm?anm?msm0mmEsa?cotém wNNNON 320222$ Eaw-m cote—08mumE< EacvoEEEoU manta658B“bummm MNONOH Eu0uoEEEoO QEmEmk?m Enochbém Eam?n .BEonsm02HUmm 2E mm Emo 28m “5952050 3:55:50 w? Emm. voEEEoU2330 “cosmohomm“mg 3 Ao?oméoEC Em cmno “8528800 35 *N C Ghoméoia Em omb so?mmEHEoO55 OH 89 N-Em2 H9132 $085» £5 :36 Ea c Emwzoumsoo< 35 2033: En N-EmOH “8132 EuESL mm 3th sommsmv Em NEE E «BEE 955.5 # oH Q8.»2033: En més 3 EMSE mposumm 95msue :a o ueozooEoiawuom 33m 20335 Em.NAENOH “BEE msgmm {\lN Agenda Item #3.A.13 May 2024 Page 15 of 199 1428 Q5 Evanas2aw:850% wmom ZOHmmH—z—ZOU>H~U .w/dHMDH/d“CAGE;.CAZZEC.C.Qm..._/HQ..._...//.5.me:5..C.QZOZ .?/‘QZDm .Edo .B?opsm banmasmsm0% cmmm 3980203$ :amanoumooomNEE EmwuoEEEoU $25are“:503 E3 EuN 9582 0352me300mm 82:088an280 NH3 #N EnEl» .Baonsm£08550 QEmEaBBm ??aonaohém 5 Sn0ouEEEoD mEmEaBBm 3208:83qu Emm?m .353502Hme 3 Ba 0 98mEQEQEQEQ bmcn??oo 3 Eu o voEEEoO 8330 do?a?oum “mt/x 0N $3.85 Ea omno nommmEHEoO35 NN Amuo?abokw?v Em Omuo nommmmEEoU>20 95 =03.ng Em méam S Havana:muv?‘iwnm Q5 :35 pa 0 Emmz0:392 95 :85: En NAME3 98:32 magnum a 95m $33; 89 «-93 OH ”Evin:mumgmm Q5 :56 an o 50:00 mkoytawaow 9am zumwév Em N-EmS 5&wa muogwm Agenda Item #3.A.13 May 2024 Page 16 of 199 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Award Bid 2324-12:Milling and Paving 2024 SUBMITTED BY:Scott Williams,Public Works Director TODAY’S DATE:April 30,2024 MEETING DATE:May 13,2024 BACKGROUND:The City is selecting a contractor to perform milling and paving work on streets throughout the city.The streets to be resurfaced were approved by the City Commission on March 11,2024.This project will also include the Main Street traf?c-calming plan. On April 25,2024,six bids were received and opened for Bid 2324-12:Milling and Paving 2024. The bids ranged from $382,138.90 to $700,768.57 with GEC Trucking &Construction,Inc.the lowest bidder.Since the lowest bid came in under budget,Public Works staff will negotiate with the contractor to add streets to the scope for this year’s milling and paving work. BUDGET:The cost for the project will be fully funded from the $516,615.97.00 budgeted in the Capital Projects Fund Account 300-5002-541 -63 .00,under project number PW23 1 1 “2024 Milling &Paving.” RECOMMENDATION:Award Bid 2324-12 to GEC Trucking &Construction,Inc.and authorize the City Manager to execute the contract. ATTACHMENTS:Bid 2324-12 Bid Analysis Bid 2324-12 Bid Tabulation BY CITY MANAGER: Agenda Item #6.A. 13 May 2024 Page 17 of 199 5.3555muéu?mammnvdwmauvmw3&3.anwuémw?mmw3.33.383259—5—303:“+EM—33:Each. 2.88.883.23%2.88.888.82.68$43888.568EmSam.855”.:ng8.: 8.88.288.818%838888.88.2.88.2.8886:48»:325:.59:Emas...— 8488:88.888.Hm.8.sz3.88.882.88.888.88.888.;n:8.8m8932 52.:.8 EN ,3 m .A..A..A..A..A..A.A .wmcoHE.8m88E88«288a8.82a888:88288as.a8a8ata8a58H _ 8:58.HH82.252222 as:.5 58%NH 42 £26 8 53m888$8.88.8388.;8.888.88.3182.88.8583.88.82.;on;Sa:Sdo?2dim—quN=<595 an mun—na—Exam 3m...—autm32m31mSim3r:—32mST:—935out..—uotmmEaEm30:9?0385 :oEéeug?x?“ED32“—E-anxm«EDanginaEScow—Sim=59cue—a?xm2—5vac—Baum3::ED::0.. 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Eats—act.5::===uucmta0 ..2uah:¢U PE»N.nn -?ag—win— .Ea:m-35:»um 32:3: 53:32.55:.5 2:39.53 32:35 I mcezuucnun?v n.£5.55»: 8:952: 5.5m Em 3.6.8.5 £552.:3..5552— 23:.5 E :e_mu_En—=m aucw?auo?U033 w“ «Tag a GE n?<~5<ZOE.» Agenda Item #6.A.13 May 2024 Page 19 of 199 Page 20 of 199 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Upgrade &Expansion of Lightning ProtectionSystem SUBMITTED BY:Victor Gualillo,Chief of Police DATE:April 24,2024 MEETING DATE:May 13,2024 BACKGROUND:The City of Atlantic Beach previously purchased and installed a lightning protection system on the oceanfront to provide advanced warning to citizens and staff of conditions where lightning strikes were likely.Warning devices were placed at 15thStreet and 6thStreet beach accesses and are still in use today.Our current system’s technology that operates the system is over 20 years old,the headwear that runs the system is outdated with several components not being supported by the manufacturer any longer due to supply shortages post COVID.The updated Thor Guard system which the PD is recommending offers expanded lightning sensing capability and more functionality for city staff and citizens to use when planning for health and safety while recreating and working outdoors.Additionally the city desires to expand the system by adding warning horns at two heavily used outdoor locations to provide noti?cation of dangerous conditions allowing people an opportunity to seek shelter in a timely manner.The proposed locations are at the Ahern St beach access and Russell Park. City staff reviewed two potential replacement systems Thor Guard and Perry Weather,their capabilities,and the support provided by each vendor.At the conclusion of the review,it was recommended to purchase the Thor Guard system over Perry Weather due to differences in their operation as well as superior technical and installation support after the sale provided by Thor Guard. Thor Guard is a propriety system and is available solely through Thor Guard,Inc.Additionally,this purchase incorporates data processing software needed to run the system.We have had a relationship with this vendor for 5 years and have had a very good experience with the performance of the technology,technical support and responsiveness for customer service needs.No bid process was conducted due to exemptions under City code Sec.2-336(2)and Sec 2-336(7)related to purchasing. BUDGET:The cost for all software,hardware,and installation of the system is $39,490.00.This purchase is funded in the FY24 budget in account 2001-521—64-00. RECOMMENDATION:Approve the purchase of the Thor Guard lightning protection system and authorize the City Manager to execute contracts and purchase orders to effectuate this purchase. ATTACHMENT:Thor Guard Quoteand Sole Source Letter Police Department Recommendation Memo andum REVIEWED BY CITY MANAGER: Agenda Item #6.B. 13 May 2024 Page 21 of 199 UARD,Inc. Integrals-d Lightning I’m-diction and H ‘arning Such-nu Quotation Shipping Estimate Credit for L75 Thorguard T6 560 System Includes ThorPCX software,Sensor, Weather station Annual U rade &Data DistributionFee Voice of Thor Base Driver.32 bit processor Upgrade 2 Remotes.Computer/Receiver. Role “/0 Board AdditionalRemotes -Remote Computer,[/0 Board Hom Cluster,Strobe,Solar anal,Ant Installation,programming and training. Materials,IMC Pi ,SS ?ttin 5,etc March 25,2024 Atlantic Beach or Gualillo er Lindsav 904.502.8871,rlin rd.com T6 360 1 _$17,200.00 200.00 1 $1,500.00 $1,500.00 VTOBD 1 $1,575.00 $1,575.00 2 $1,500.00 $3,000.00 2 $5,285.00 $10,570.00 1 $5,695.00 $5095.00 1 $650.00 $650.00 $0.00 1 $800.00 $800.00 1 ($1,500.00)($1,500.00) 1193 Sawgrass CourporateParkway,Sunrise,FL 33323 Tel:(954)835-0900 Fax:(954)835- 0808www.morguardnom Approved by (customer signature): ALLPRICES ABOVE EXCLUDEAPPLICABLESTATE OR LOCALTAXE SFREIGHT:W (Prepaid and invoiced to customer) QUOTATION VALIDFOR 90 DAYS FROM ISSUE DATE. Date: TOTAL Agenda Item #6.B. 13 May 2024 Page 22 of 199 Integrated Light ring Prediction and Waming Systems March 7‘“,2024 UARD,IN I Mr.Victor Gualillo Chief of Police J .1 3'./\1I:uiJEIC?ZZ" W 3:12)."Pea/Clintent.ecla..FL 33333 Dear Mr.Victor Gualillo: THOR GUARD.Inc is the sole manufacturer and sole,authorizedmarketer of THO RGUARDLightningPredictionandWarningSystems.THOR GUARD is the only company in the world that manufactures a true lightningprediction system based on changes and shifts of earth's electrostatic atmosphere. THOR GUARD products are American made.All aspects of our business including our executive team,employees,research,development.and manufacturing are based in Sunrise, Florida. THOR GUARD products are designed and operate through the use of our exclusive proprietary technology.Our Patent and Trademark numbers are 4,095,221 and 2,390,039, re5pectively.THOR GUARD has not authorized any company or individual to manufacture our products or utilize our unique trade secret engineering and software systems.We are not a franchisor.Only authorizedsales and services representativesof THOR GUARD have access to authentic,THOR GUARD productsas well as the serviceexpertiseto properly install and maintain our systems. We hope this position statement provides you with the necessary informationto distinguish THOR GUARD lightning prediction technology from existing lightning detection systems which assert to compete with THOR GUARD. Thank you for your continued support of THOR GUARD products.Please contact us if you have any questions or require additional information. Very truly yours, I I o Wolk Chief Financial Of?cer 1193 Sawgrass Corporate Parkway .Sunrise.Florida 33323 .Tel:(954)835-0900 .Fax:(954)835-0808 www.thorguard.corn Via Email:vgualillo@coab. Agenda Item #6.B. 13 May 2024 Page 23 of 199 Atlantic Beach Police Department TO:Chief Victor Gualillo FROM:Lt.Chase Jamison DATE:4/1 1/2024 SUBJECT:Purchase Recommendation for Lightning Protection System The City of Atlantic Beach has planned to expand the lightning protection system to additional areas in the city beyond the beachfront where it exists now.Additionally,our current lightning protection system through Thorguard has reached the end of life and needs replacement.The existing technology is outdated,and the existing warning sirens need to be replaced.As part of the process for replacement,we examined potential replacement options,including from other vendors. We met with two companies,Thorguard and Perry Weather.to review their product offerings and support features.I am recommending we purchase the Thorguard system to replace and enhance our existing system. Both systems were comparable in several ways.Both systems provide live weather monitoring with the ability to see current weather conditions and NWS alerts.This includes a public portal that we can make available to citizens.Both systems also allow email or text noti?cations to designated city staff.Both would consist of similar setups with a single weather station and remote warning stations equipped with sirens to alert the public of danger from lightning.While there were some cost differences,they were comparable in pricing. There were signi?cant differences as well.Pen'y Weather offered a webcam option for each station.Additionally,their warning sirens would permit a verbal message to be played over their speaker instead Of just a siren.Thorguard has a patented lighting prediction feature as well as monitoring lightning strikes whereas Perry Weather only can provide lightning strike data with set radii to act as warning triggers.The biggest difference,however,is in technical support and installation . Thorguard offered full installation and on-site technical support for servicing and troubleshooting. Perry Weather did not.The City would be required to do"all installation and maintenance.They did offer the ability to have a technician come out,however they are based in Texas,and we would be Agenda Item #6.B. 13 May 2024 Page 24 of 199 w-nM—lihm-'-.I.I.I.-.-.Mun-I'— —'--i.—"-I—'|—‘-.-'—'I-'— ‘r'i'rI-l-I-I-I-J-IhM—rL—l-‘F’FI'lH—J-"I-l- “In.[Ill-l.—_l.l'“l!l'tl'hl—'nl'-'PI'F-'II'I'I' “luau—I.I-Iall-I.‘1..-&l.-I—f-I-Dl'?'?"-? Hl??-E-H—m-w —--—u-.-H—HrII—I—r+hI-H-Hb--F-II-IIM-I-n—- “Ira-"-m-IFI-dh?-H-‘rr'll-I 'I-l-l-Il-I -—-_‘-r-|-l-l--rlrlv--I-r'-—rrulrl-.I-I-l-'II-i lulu-lun-JL-II-I-I‘II‘II-I'H-_-rI-?-I l-I mudmuwwwruf?l—i-ru-Jnmm I'II'rrI-hl'rr?-q M responsible for all travel costs to bring them here.They also have no personnel in the North Florid aarea.Thorguard has a local representative. While I believe both systems would adequately serve the needs of the city,I believe the on-site support services Thorguard provides make it the most cost-effective and ef?cient purchase and the preferred system to select for the city.For this reason,I recommend we purchase the Thorguard system to expand and enhance our lightning prediction system. Thorguard is a proprietary system only available for purchase through Thorguard.l have obtained a sole source letter from them as well as the quote for purchase.This system also incorporates data processing software.Because of this,this purchase is exempt from the competitive bid process based on Sec.2-336(2)and Sec.2-336(7)of the City Code related to purchasing.This purchase was funded in the FY2024 budget through account 2001-521-64-00 and funds are available for the purchase,totalling $39,490. Agenda Item #6.B. 13 May 2024 Page 25 of 199 Page 26 of 199 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.24-22 Awarding Bid 2324-10;SR A1A Mayport Road WaterMain Improvements SUBMITTED BY:Troy Stephens,Public Utilities Director TODAY’S DATE:May 2,2024 MEETING DATE:May 13,2024 BACKGROUND:To improve the circulation and water pressure for businesses and residents of the Mayport Road/AlA area,staff requested an engineering report on the construction and costs to directional bore a 12-inch water main underneath Mayport Road at the intersection of SR AlA and Mayport Crossing Blvd to connect to the 8-inch existing water main. A bid opening was held on April 10,2024,for Bid 2324-10;SR AlA Mayport Road Water Main Improvements.The project consists of labor,equipment and materials for the construction of an 8-inch water main and directional bore of 12-inch water main,connections to existing water main, reconstruction of roadway,minor grading,and removal and reconstruction of the exiting 5’wide concrete sidewalk. Two bids were received as follows: Bidders T.B.Landmark The Kenton Grou Lump Sum Bid Amount $269,256.90 $169,851.00 The low bidder,The Kenton Group,has provided all required documentation in its bid submittal. BUDGET:The amount budgeted in FY 2023 -24 for Project PU2101 in account 400- 5504-533-6300 is $197,100. RECOMMENDATION:Approve Resolution No.24-22 awarding The Kenton Group Bid 2324-10 in the amount of $169,851.00 and authorizing the City Manager to execute the contract. ATTACHMENT(S):1.Resolution No.24-22 2.Bid Analysis 3.Aerial Map Photo REVIEWED BY CITY MANAGER: Agenda Item #8.A. 13 May 2024 Page 27 of 199 III '| -u '. I .-I; ..I II ''-:.‘" I III . I I .III I‘ I '|| I I I I I _ I III.I.. 'II I I I ‘I 0 II' I Irj I II ‘I u 1'1 RESOLUTION NO.24-22 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AWARDING BID NO.2324-10 FOR SR AlA MAYPORT ROAD WATER MAIN IMPROVEMENTS;AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONSOF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Staff received an engineering report from Hanson Professional Services for the SR AlA Mayport Road Water Main Improvements;and WHEREAS,a project estimate was budgeted for $197,100 for the FY 2023-24;and WHEREAS,a bid opening was held on April 10,2024,for Bid 2324-10 SR AlA Mayport Road Water Main Improvements;and WHEREAS,the project consists of labor,equipment and materials necessary for the construction of an 8-inch water main and directional bore of 12-inch water main,connections to existing water main,reconstruction of roadway,minor grading,and removal and reconstruction of the exiting 5’wide concrete sidewalk;and WHEREAS,the lowest bid was received from The Kenton Group in the amount of $169,851.00;and WHEREAS,suf?cient funds are available in the Public Utilities Fund for this purpose in Account No.400-5504-533-6300,for Project No.PU2101,in the amount of $197,100. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1.The City Commission hereby authorizes awarding Bid No.2324-10 to The Kenton Group in the amount of $169,851.00 to perform the work for said bid in accordance with the bid speci?cations. Section 2.The City Commission hereby appropriates funds from City’s Public Utilities Fund for this purpose. Section 3.The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution. Section 4.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13th day of May 2024. Agenda Item #8.A. 13 May 2024 Page 28 of 199 Curtis Ford,Mayor Page 2 of 2ResolutionNo.24-22 Donna L.Bartle,City Clerk Approved as to form and correctness: Jason R.Gabriel,City Attorney Attest: Agenda Item #8.A. 13 May 2024 Page 29 of 199 848.338.23meoodueema8.02.38.08.88.255,8.08.388%8.03.3ood?wm8.83m8.3.me8.85m8.83M8.83%8.88.88.83m8.0:.meoodovém851$8.3%8.88.38.83m8.35m8.5:..me {250:3 .m.._. 32 .3 __._._<"38 9.7.8.0 2m 3-33 Em mucwEgan.£22 .325 two".ton>m_>_<3.mm 8.33 8.83 85% 888i 8.8mm 8.98.8 8.08.3. 8.8th 883.3 8.08.3 8.08.3 888.8 8.3 8.8.3 8.3% oo.mmw 8.8% 8.3 8.8me 8.58.3 8.85% omdmNdwNm om?hvéwm oodhhfvnm oo?mm?m oodomm 8m~m£m 8.833 8.83% 8.80.3 88qu 8.08.8 8.80.8 8.83m 8.8me 889$ 8.83% 8.88.3 8.83% oodooiw 8.03;..." 8.08.3 8.3m 8.33% 8.08.3 888$” 8.3m 8.8m 8.93 8.08.5 8.898 888.3 8.08.8 8.08.3 8.28.8 8.8m3 8.8qu 8.8m.~m 8.8mm 88mm 8.33. @96on 8.8“ 8.2“ 8.08.3 8.80.5 8.08.8 8.082“ mm NH nww NHHNHHN mm wmm ow RN om mood <m <m <m <m (w (m (m <m n: u: >U >m n: U< m._ 3 m.— cGzEz?zOu x2 +em #3 :90:450k nzéo em 8%no 55358 *2 ANNAmEE:em 8%459 v?<>>mn=mmhmmuzOu muSamz Dz<m>OSEm .Su>><m oz<mmDUmEmUZOu musnmE oz<m>0_>_wxPDU>><m ._.zm:2m><m 5<Imm<mugmmmDZ<m>0_2wm .SU>><m 27:).«3.515 wz_Hm_XmO...BmZZOU 03.5 =wm>O§wx mm....32 ..mx ..w mm>OUoz<xOm I._._>>m>._<>mkdw .32 ..m mm>OUoz<xOm Ih>>w>._<>mk<0 .22 :3” 02mm .mmomNAH.22 :3 02mm duo cm.32 ._NH O Dz<xOm I._._>>m>._<>Qz<mmm?mOZEQS..32 _wx m mwunowz.2)...mx :NH z_<s_$22,33.3 u>n__.w 225.$22,33.9 u>a :2 225.E22,:33 En::2 8822058 2952.528 >._._._.5 Amt;._._Xm\>m._.zm:ZO_._.<><uxm_5130mm xxogxhz<w 00m .55...muz<§m0mzmn 5:155 ._.z.n=2_owm vEO>>mtm m02_>><zn_....__:m.m< AFmOu45.0...$3 Eur—(m...m0 wUZ<thz_<S_ m0 muz<2m._.z_<_>:._.mOU._<._.Oh «8:ZO_._.<N_.__m_O_>_ mDszSdUmg .wZO_._.<m<awmn_mtm NN am on m.“ we ha 3” ma 3” ma NH 3 OH HNMd'anD hmOU._<hO._.qun._._23hmOU._<._.O._.muEat2:>._._._.2<DU .52:29.5.2030 5P: 2H,:D:— :20 SEE.2t. Agenda Item #8.A.13 May 2024 Page 30 of 199 _m>£aa<:EmmEEoo 5 $2qu EaEtmamo:0 Eng gm 3 Emzi 9.30:35!2:.Eugbmguvia—5E5:.md.35:52.:ugh—Eu”— vueN.3=.:_< SEEuSEEH5a:5235use“ten—b“:<~<Mm :unvmorg—3‘.3\EU Eben“an}?uu:a.—3m:—c—IVNmNEm 5:5 EHEm—?..\emI BEE Em 3502.0 mag—=2?omEoEsueQ “Eu—=32“—=<-33:EH 5 =e_mm_En=m ?gou?ago 3.3?on .x.3 +2m 23 vEek 3:20 a.HE3525 2.53 .3 5.22.550 52:3 25:35am mEm 02$8 359‘ 982..E.»8 5:53:E;53353..£55 n-82.9.33— mhuu N.£53535 38.2.50 .5550 -m=crqu—a=0 2.3 m-3:35 m—as 32m a 38y—xah $2.75».— Eaem zeta—585 hou=u>392 53m ESQ 2.93.5.5 2.33%33:.— Eosasm 3.56 3.5.25.5 82 .533;F5 ME:20 223.3%€38:qu oz Agenda Item #8.A.13 May 2024 Page 31 of 199 AVW,‘ oomN ommN Agenda Item #8.A. 13 May 2024 Page 32 of 199 AGENDA ITEM: SUBMITTED BY: TODAY’S DATE: MEETING DATE: BACKGROUND: RECOMMENDATION: ATTACHMENTS: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Resolution No.24-23 adopting a proposed naming policy for parks, recreation areas and buildings. Kevin Hogencamp,Deputy City Manager May 1,2024 May 13,2024 City staff has identi?ed the need for a policy to guide it when considering naming and renaming parks,recreation areas and buildings.The attached draft is an effort to establish a systematic and consistent naming system with these objectives: 0 Ensure that parks,recreation areas and buildings are easily identi?ed. 0 Ensure that the names are consistent with the values and character of Atlantic Beach and/or the neighborhood served. 0 Encourage public participation in the naming,renaming and dedication of parks,recreation areas and buildings. 0 Encourage donations of land,buildings and monetary gifts by individuals and/or groups. This policy was on the April 22 City Commission agenda for review and preliminary consideration. The City Commission consider approving Resolution No.24-23 adopting a naming policy for parks,recreation areas and buildings. Resolution No.23-24 with Park,Recreation Area and Building Naming Policy (Exhibit A) April 10,2024 memorandum REVIEWED BY CITY MANAGER: Agenda Item #8.B. 13 May 2024 Page 33 of 199 RESOLUTION NO.24-23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, ADOPTING A PARK,RECREATION AREA AND BUILDING NAMING POLICY;PROVIDING FOR CONFLICTS;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Atlantic Beach desires to establish a park,recreation area and building naming policy;and WHEREAS,the park,recreation area and building naming policy (Exhibit A)pursuant to this Resolution balances numerous factors:honoring history and community ?gures;re?ecting parks’,recreation areas’and buildings’character;and ensuring clarity to avoid confusion;and WHEREAS,this park,recreation area and building naming policy provides the City a framework document that identi?es and plans procedures used in the consideration of naming and renaming City parks,recreation areas and buildings. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby adopts a park,recreation and building naming policy (Exhibit A). SECTION 2.All Resolutions or parts of Resolutions in con?ict herewith are hereby repealed t0 the extent of such con?ict. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13thday of May 2024. Donna L.Battle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Curtis Ford,Mayor Attest: Agenda Item #8.B. 13 May 2024 Page 34 of 199 EXHIBITA Cit of Atlantic Beach Park Recreations Area and Buildin Namin Polic The City ofAtlantic Beach encourages community participation in the naming process.City staff will strive to engage the public in the naming process.Proposals submitted by residents help identify and capture the essence of parks’,recreation areas'and buildings’importance to the community. The purpose of this policy is to establish a systematic and consistent approach for the of?cial naming of City parks,recreation areas and buildings. A.Ensure that parks,recreation areas and buildings are easily identified and located. B.Ensure that the names of parks,recreation areas and buildings are consistent with the values and character of Atlantic Beach and/orthe neighborhood served. C.Encourage public participation in the naming,renaming and dedication of parks, recreation areas and buildings. D.Encourage donations of land,building,or monetary gifts by individuals and/orgroups. Parks,recreation areas and buildings includes all property assets under the City’s ownership and under the City oversight including buildings,structures,open spaces,public parks,trails, natural areas,wetlands,environmental habitat and land. The process of naming sites shall be the function of City Manager or his/herdesignee.The Arts, Recreation and Culture Committee will recommend names to the Atlantic Beach City Commission for ?nal approval. The following guidelines will be used when naming parks,recreation areas and buildings.The City Commission has discretion when evaluating proposals;thus,proposals meeting the guidelines does not guarantee naming,nor do the guidelines serve as an absolute requirement Guidelines Authorization Definition Objectives Purpose Agenda Item #8.B. 13 May 2024 Page 35 of 199 II I I II I l‘II I I- II \I I I II .. I 'II:. ,.,I II Of for naming. A.Restrictions are as follows: 1. 3. The name shall not duplicate the name of any other park,recreation area or building in Atlantic Beach.The exception would be a facility carrying the same name as the park in which it is situated (e.g.Sunset Field located in Sunset Park).Caution shall be used when duplicating names of parks,recreation areas and buildings in nearby cities to minimize confusion amongst the public and emergency response teams. Names shall not be given to small amenities with identi?able lifespans,e.g.park bench,playground equipment,unless the City creates a speci?c naming opportunity. The name of parks,recreation areas and buildings shall not be changed without extraordinarily good reasons. B.Discretion shall be used to avoid an overabundance of named features or facilities in any single park,and the naming shall not diminish or overshadow the park’s name. C.Consideration to name a park,recreation area or facility in honor of a person (or persons or family)shall only be given to individuals who have been deceased for a minimum of six months and one or more of the following criteria has been met: 1.The individual,individuals or family has contributed signi?cant support to the development or operation of the park,recreation area or building,the overall recreation and parks system,and/orthe community in general.The suggested name must be accompanied by evidence of such contributions and/orservice,or to any of the City's companion organizations that function in cooperation with and on behalf of the City,such as an environmental-protection or youth athletic organization. An outstanding community individual who has made signi?cant and long-term civic contributions to the community of Atlantic Beach as determined by the Atlantic Beach City Commission. A substantial donation (typically not less than 50%of the value of the property or improvements),as determined by the Atlantic Beach City Commission,has been made to the City,or companion organization,by or in memory of an individual,group or family. D.Consideration to name parks,recreation areas and buildings after those who are still living must meet one or more of the following: 1. 2. A land donation in which a naming provision has been made on the deed and accepted by the Atlantic Beach City Commission. A substantial monetary donation (typically not less than 50%of the value of the property or improvements)has been made to the City wherein the donor stipulated Agenda Item #8.B. 13 May 2024 Page 36 of 199 ,,-u... In H ' l‘ I;. : \I ‘I... u H n ... u '- 1(- 1‘ .u .n n a naming provision as a condition of the donation and this condition has been accepted by the Atlantic Beach City Commission. a.If naming is approved for an item that has a lifespan such as structures, equipment,etc.,the naming of such item shall expire when the lifespan ofthe item is met.At the time of replacing such item,the original donor/naming recipient shall have the opportunity to donate funds to continue the naming of the replacement item.If the original donor/naming recipient is not interested in continuing the naming of the item,the City may seek other donations for naming consideration. A.Naming of New or Existing Un-Named Parks,Recreation Areas and Facilities 1.The City Commission,Arts,Recreation and Culture Committee and/orCity Manager can initiate the naming process whenever deemed necessary and/orwhen it’s in the best interest of the City. City staff shall inform the public about parks,recreation areas and buildings to be named and encourage proposals to be submitted. Naming proposals shall be submitted in writing to the City Manager. Those submitting a naming proposal shall indicate how the proposed name is consistent with the criteria stated in this policy and describe the thought/meaning behind the name and their connection to Atlantic Beach. When naming after a person or persons,the proposal shall describe the person’s contributions to the community.Written documentation of approval by next of kin to be honored (if available/possible)is encouraged as part ofthe proposal.City staff will review the proposal for adherence to the stated criteria and authentication of statements relative to indicated contributions in the case of an individual before forwarding it to the Arts,Recreation and Culture Committee. The Arts,Recreation and Culture Committee will offer the opportunity for public input on the proposed names received during a regularly scheduled committee meeting. In the absence of any naming requests,the Arts,Recreation and Culture Committee shall adhere to criteria stated in this policy in recommendation of a name. The Arts,Recreation and Culture Committee shall submit its recommendation to Atlantic Beach City Commission for ?nal decision. B.Renaming an Existing Park,Recreation Area or Facility 1.Renaming of parks,recreation areas and facilities carries with it a much greater burden of process compared to initial naming.Tradition and continuity of name and Process Agenda Item #8.B. 13 May 2024 Page 37 of 199 “1' n community identi?cation are important community values.Proposals must meet the criteria in this policy,however,meeting all criteria does not ensure renaming. Deed restrictions need to be accounted for when considering the renaming of parks. Parks,facilities and geographic features named after individuals shall not be changed unless it is found by the Atlantic Beach City Commission that the individual'spersonal character was such that the continued use of the name for a City park,recreation area or facility would not be in the best interest of the City. Parks,recreation areas and facilities named for a location,a geographic feature or a community/neighborhood may be considered for renaming.However,the existing name of a park,recreation area or facility which is of local or national importance,or which identi?es an outstanding geographic or physical feature shall not be changed unless the Atlantic Beach City Commission determines that there are extraordinary circumstances of local,state or national interest to justify the name change. When considering the renaming of a park,recreation area or facility,the proposed name must meet the same guidelines and follow the naming process as de?ned above. Agenda Item #8.B. 13 May 2024 Page 38 of 199 I l n .. ‘H u . '‘H.._. l =I . f‘H a ,_ I -m. .-‘ .,.. ___.u _._... |‘ MEMO April 10,2024 To:Bill Killingsworth,City Manager From:Kevin Hogencamp,Deputy City Manager A good city government naming policy should balance various factors:honoring history and community ?gures,re?ecting the park’s,recreation area’s or building’s character,and ensuring clarity to avoid confusion. Priorities: 0 Geographic features/historic signi?cance:This could include naming the park, recreation area or building after a local river,a historical neighborhood it's located in,or the area's indigenous people..Natural features:This highlights a distinctive characteristic,like "Sunset Hill Park"or "Eagle Creek Playground.".Outstanding community ?gures:This recognizes individuals who made signi?cant contributions,with a focus on civic service. Restrictions:.Avoid duplication:The name shouldn't clash with existing parks,recreation areas or buildings,or with cities‘parks,recreation areas or buildings,to prevent confusion for emergency services and residents..Evidence for individuals:Nominations for individuals should come with documentation of their contributions. 0 Respectful names:The name should be appropriate for all ages and cultures. Process: 0 Public Input:The policy should outline how residents can propose park,recreation area or building names,and provide feedback on suggestions. 0 Review:An advisory committee or commission could review proposals based on the set criteria and make recommendations. 0 Final Approval:The ?nal decision on the park,recreation area or building name would rest with the City Commission. Agenda Item #8.B. 13 May 2024 Page 39 of 199 Page 40 of 199 |‘ n u u CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.24-25 authorizing a purchase and sale agreement by and between the City of Atlantic Beach and Hoose Homes and Investments,LLC.,for the purchase of 2.16+—acres of real property on Dora Drive (Parcel ID 172118 0000,172119 0000,172122 000) for the price of $1,075,000. SUBMITTED BY:Kevin Hogencamp,Deputy City Manager/Steve Swann,City Engineer TODAY’S DATE:May 2,2024 MEETING DATE:May 13,2024 SUMMARY:The City desires to purchase the property at the eastern end of Dora Drive,where there are several undeveloped parcels totaling about 2.16 acres.The appraised valued the property,currently zoned for up to 40 units,at $2.2 million.At its June 12,2023,meeting,the City Commission directed staff to negotiate a selling price with the owner.This property is owned by Hoose Homes and Investments,LLC.This agreement supersedes a previous agreement with the consideration that the City will not purchase the property if environmental concerns are not remediated. BACKGROUND:A drainage ditch that serves Dutton Island Road East and the adjoining neighborhoods traverses the northern and western part of these parcels.The City has no drainage easements on this part of the ditch.Due to the location of these properties along the drainage ditch,the property could potentially be utilized as green space,park,stormwater pond or a combination of the three.The City is in the ?rst phases of building out the Hopkins Creek drainage improvements recommended by the 2018 Stormwater Master Plan Update (SWMP Update).The Dora Drive parcels can be utilized as part of the overall drainage plan for this basin by creating a stormwater storage pond on the parcels. A rough order of magnitude cost to purchase the property and construct a 1.4-acre stormwater storage pond,including construction of drainage improvements between Stanley Road and Donner Road,is $2.9 million.Constructing a stormwater storage pond on these parcels will partially offset the need to create additional downstream stormwater runo?'storage recommended by the Stormwater Master Plan Update.In terms of creating additional stormwater runoff storage volume, pond construction is far cheaper than the anticipated sheet pile installation required for downstream channel improvements.The anticipated cost savings of purchasing the Dora Drive parcels and constructing a stormwater pond are expected to offset future costs required to fully implement the Stormwater Master Plan Update recommendations. BUDGET:$1,075,000 from the Fiscal Year 2023-24 budget via American Rescue Plan Act funding Page 1 of 2 Staff report /Resolution No.24-25 Agenda Item #8.C. 13 May 2024 Page 41 of 199 WRECOMMENDATION:Commission consi p r Vi Resolution 24-25 REVIEWED BY CITY MANAGER: ATTACHMENTS:1.ResolutionNo.24-25 2.Purchase and Sale Agreement 3.Dora Drive Parcel &Adjacent Property Maps 4.Dora Drive Property Memo —01-31-23 5.Hopkins Creek SW Management -Commission Presentation -04-10-23 Staff repo?/Resolution No.24-25Page2of2 Agenda Item #8.C. 13 May 2024 Page 42 of 199 PURCHASE AND SALE MENT Dora Drive [Parcel ID 172118 0000,172119 0000,172122 0000] THIS PURCHASE AND SALE AGREEMENT (“Agreement”)by and between HOOSE HOMES AND INVESTMENTS,LLC.,a Florida limited liability company whose address is 7563 Philips Highway Suite 111 (“Seller”)and the CITY OF ATLANTIC BEACH,FLORIDA,a municipal corporation whose address is 800 Seminole Road, Atlantic Beach,FL 32233 (or its assigns)(“Buyer”),is made effective as of the date on which the last of Seller or Buyer executes this Agreement (the “Effective Date”). RECITALS: A Seller owns approximately 2.16+/-acres of real property in Atlantic Beach,Duval County, Florida (the “C0unty”)described on Exhibit “A”attached and made a part of this Agreement (the “Property”). B.Seller desires to sell to Buyer and Buyer desires to buy from Seller the Property. C.Seller and Buyer desire to enter into this Agreement to provide for the terms ofthe purchase and sale of the Property NOW THEREFORE,in consideration of the mutual promises contained in this Agreement,and other good and valuable consideration,the receipt and suf?ciency of which is acknowledged,the parties agree as follows: 1.PURCHASE AND SALE. Upon and subject to the terms and provisions of this Agreement,Seller agrees to sell the Property to Buyer and Buyer agrees to buy the Property from Seller.As used herein,the term “Property” shall mean the land described in Exhibit “A”,together with all structures located thereon,as well as Seller’s right,title and interests in and to all rights appurtenant to such land including but not limited to all subsurface rights,any reversionary interests in roads or streets adjoining such land,and any easements,express or implied,bene?ting such land. 2.PURCHAS PRI The purchase price (the “Purchase Price”)for the Property will be $1,075,000.00.The Survey shall show the exact number of gross acres constituting the land. 3.EPOSIT. (a)Buyer has previously delivered to McKillop Law Firm,PL (“Escrow Agent”),the sum of $10,000.00 (the “Escrow Deposit”)by con?rmed bank wire pursuant to that certain previously terminated Purchase and Sale Agreement between the Parties dated August 28, 2023 (“Previous Agreement”). (b)Escrow Agent shall hold the Escrow Deposit,in accordance with the terms of the Escrow 53993713 vl Agenda Item #8.C. 13 May 2024 Page 43 of 199 (a) Agreement attached and made a part of this Agreement as Exhibit “B”(the “Escrow Agreement”).Buyer shall deliver the Escrow Deposit in the form of a con?rmed wire transfer.The Escrow Deposit shall be credited against the Purchase Price at Closing.If the transaction does not close,the Escrow Deposit,or the applicable portion thereof,will be disbursed as provided elsewhere in this Agreement. 4.INFORMATION CCESS ND FEASIBILITY PERIOD. Buyer shall have until 5:00 PM.eastern time on the date that is forty-five (45)days from and after the Effective Date within which to inspect the Property and evaluate the feasibility of Buyer’s consummation of the transaction contemplated in this Agreement (the “Feasibility Period”). During the Feasibility Period.Buyer may inspect any and all aspects of the Property or portions of the Property.At all times prior to Closing,upon reasonable of notice to Seller, Buyer,its agents,employees,designees,attorneys,engineers,environmental consultants, and other consultants (the “Consultants”)shall have the right to reasonably physically inspect the Property,make surveys of the Property and conduct a phase 1 environmental assessment of the Property;provided,however,that Buyer shall be responsible for costs incurred by Buyer or any fees charged by Consultants.Buyer shall promptly restore any damage to the Property caused by Buyer’s inspections. Notwithstanding anything herein to the contrary,Buyer shall not be permitted to conduct borings of the Property or drilling in or on the Property,or any other invasive testing,in connection with the preparation of an environmental audit or in connection with any other inspection of the Property without the prior written consent of Seller.Buyer,at its expense, shall repair and restore any borings or holes created or any other damage to the Property). Buyer shall,in a timely manner,pay in full the cost of all inspections,investigations and inquiries of any kind,so that no person or entity shall have the right to ?le any lien against the Property.In the event any lien is ?led,Buyer shall immediately satisfy or bond that lien off the Property.Buyer’s obligations under this Section shall survive Closing and/or the termination of this Agreement,notwithstanding any term or provisions hereof t0 the contrary. If applicable,Seller will make employees of its property manager available during the Feasibility Period,whether such property management group members are direct employees of Seller or employed by a third-party property manager.Buyer agrees to coordinate all such property manager contact with Seller in advance.Seller reserves the right to have its representatives present at all such property manager interview(s). Subject to all restrictions and limitations under Florida law including but limited to the restrictions set forth in Section 768.28,Florida Statutes,Buyer hereby agrees to indemnify, defend and hold Seller harmless from and against any and all claims,demands,actions losses,costs,damages,expenses or liabilities,including,but not limited to,personal injury or property damage claims or construction or other liens,including reasonable attorneys’ fees caused by or incurred in connection with Buyer’s inspection of the Property;provided 53993713 v1 Agenda Item #8.C. 13 May 2024 Page 44 of 199 however,that the restoration,indemnity,defense,and hold harmless obligations in this Section 4 will not apply to (a)any loss,liability,cost,or expense to the extent arising from or related to the acts of Seller,or Seller’s agents or consultants,(b)any diminution in value in other real property owned by Seller arising from or relating to matters discovered but not caused by Buyer during its investigation,(0)any latent defects in the Property discovered but not caused by Buyer,or (d)the release or spread of any hazardous substancesthat are discovered (but not placed)on or under the Property by Buyer. Buyer,in its sole discretion,shall have until the expiration of the Feasibility Period to deliver to Seller,with a copy to Escrow Agent,written notice of Buyer’s disapproval of the feasibility of this transaction,which disapproval may be for any reason or no reason at all (“Termination Notice”).If Buyer delivers a Termination Notice to Seller on or before the expiration of the Feasibility Period this Agreement shall be deemed terminated.In the event of such termination prior to the end of the Feasibility Period,the Escrow Deposit shall be immediately returned to Buyer by Escrow Agent and this Agreement will be of no further force and effect and the parties hereto will have no ?thher rights or obligations under this Agreement,except as to any obligations which survive termination.TIME IS OF THE ESSENCE with respect to the giving of the Termination Notice and the expiration of the Feasibility Period. In the event Buyer does not deliver a Termination Notice to Seller on or before the expiration of the Feasibility Period,then the Escrow Deposit shall become non-refundable. If Buyer elects to proceed with Closing,it shall deliver notice to Seller prior to the end of the Feasibility Period. 5.SURVEY. Seller shall,at Seller’s expense,obtain and deliver to Buyer either an existing survey of the Property that is updated and renewed to the satisfaction of the Title Company in order to remove any survey-related title encumbrances or a brand new survey of the Property (the “Survey”)within twenty (20)days of the Effective Date.The Survey shall be certi?ed by the surveyor to Seller, Buyer,Escrow Agent,and the Title Company (as de?ned below),shall meet the minimum technical standards of the State of Florida,shall set forth the gross acres to thenearest 1/100thof an acre,shall show all easements and restrictions bene?tting and burdening the Property,and shall establish a metes and bounds description of the Property.Provided the description of the Property as established by the Survey is consistent with the depiction set forth in Exhibit A attached hereto, such description shall supersede the Exhibit A depiction and the Title Commitment (as hereinafter de?ned)shall be endorsed to re?ect such new legal description.In the event the Survey reveals the encroachment of improvements from the Property onto adjacent property,or from adjacent property onto the Property,reveals any actual or potential boundary line disputes,or the presence of the right of third parties to use any part of the Property,or any other matter which is not acceptable to Buyer in its reasonable discretion,then the Buyer may notify the Seller of Buyer’s objections to any such matters (“Survey Objections”)Within forty (40)days of the Effective Date. If Buyer does not deliver Survey Objections within such period,then any matters re?ected on the Survey shall be deemed to be “Permitted Exceptions.”Seller shall have a period of ?ve (5)days after receipt of Buyer’s notice of Survey Objections within which to notify Buyer whether Seller are willing to cure the Survey Objections.Thereafter,Survey Objections shall be resolved in the same 53993713 v1 Agenda Item #8.C. 13 May 2024 Page 45 of 199 manner as Title Objections under Sections 6(c),(d)and (e)below. (a) (b) (C) (d) 6.TITLE MATTERS. Upon Buyer’s payment of the Purchase Price,Seller shall execute and deliver to Buyer its recordable and transferable special warranty deed (“Deed”),conveying to Buyer,good, record and marketable title to the Property,in fee simple,free and clear of all liens, encumbrances,leases or other occupancy agreements,'rights and other matters whatsoever, except the following (“Permitted Exceptions”):utility and drainage easements of record which will not materially impair thevalue,use or operation of the Property for its current use;zoning and building laws of record;ad valorem real estate taxes and assessments for public improvements not then due and payable;defects and encumbrances caused by Buyer or consented to by Buyer;and any other matters set forth on the Title Commitment that are accepted or deemed accepted by Buyer. Within twenty (20)days after the Effective Date,Seller shall at Seller’s expense,shall order and obtain a commitment for an owner's title insurance policy (the “Title Commitment”)a title company (the “Title Company”)providing for the issuance to Buyer upon the recording of the Deed (as hereinafter de?ned)of an ALTA owner’s policy of title insurance in the amount of the Purchase Price insuring the Buyer’s title to the Property (the “Title Policy”).The Title Commitment shall be accompanied by legible copies of all of the title exception documents referenced in the Title Commitment.The parties acknowledge that Buyer’s attorney will serve as agent for the Title Company and that by acting in such capacity Buyer’s attorney shall not be disquali?ed or otherwise precluded from representing Seller in connection with this Agreement. If the Buyer objects to any title exceptions in the Title Commitment,then Buyer shall give Seller written notice of the objections (the “Title Objections”)no later than forty (40)days after the Effective Date.Any title matters re?ected in the Title Commitment that are not objected to by Buyer in writing within such period shall become Permitted Exceptions. If Buyer provides timely notice of any Title Objections,Seller shall have the right,but not the obligation,to attempt to cure any Title Objections identi?ed in Buyer’s notice.Seller will advise Buyer within 5 days of receipt of the notice whether it intends to Cure any Title Objections.If Seller does not speci?cally agree to cure any Title Objection identi?ed in Buyer’s notice,then Seller shall be deemed to have elected not to cure such Title Objection. If Seller elects to cure,it shall have 30 days to cure any matters it has elected to cure (the “Cure Period”),except those objections as to any matters typically cured at real estate closings,such as requirements and standard exceptions which are satis?ed and deleted by delivery of an owner’s af?davit,authority documents or mortgage releases,shall be satis?ed at Closing.The Closing Date shall automatically be extended to accommodate the Cure Period for Title or Survey Objections.In all events,Seller shall be obligated to satisfy mortgage liens,tax liens,construction liens and judgment liens created by or through Seller.Seller shall ensure that all mortgages are paid and released at or prior to closing and shall cooperate with closing agent regarding same.The Closing Date shall be automatically extended to a date that is 10 days after all mortgages are released or Such mortgagees provide a written payoff statement in a form acceptable to title/closing agent. 53993713 v1 Agenda Item #8.C. 13 May 2024 Page 46 of 199 (e)If Seller elects not to cure certain Title Objections or if Seller elects to cure certain Title Objections but is unable to do so during the Cure Period,Buyer shall have the right to terminate this Agreement by written notice delivered to Seller within 7 days of receipt of notice that Seller will not cure certain Title Objections.In the event of any such termination,all parties shall be relieved of any further obligations under this Agreement (except any that speci?cally survive the termination of this Agreement)and Buyer shallbe entitled to a return of the Escrow Deposit from Escrow Agent.If Buyer fails to terminate this Agreement pursuant to this paragraph,Buyer shall be deemed to have waived any Title Objections Seller elected not to cure or did not cure and agrees to accept the condition of title to the Property subject to such Title Objections (all of which shall be Permitted Exceptions)and proceed to Closing without diminution in the Purchase Price. 7.FINANCING Closing is not contingent upon Buyer obtaining ?nancing. 8.CONDITIQNS TO CLOSE. The items listed below are conditions precedent to Seller and Buyer’s obligation as to the Closing of the Property.Buyer may waive such conditions applicable to Seller as Buyer chooses and proceed to Closing,without alteration in the Purchase Price.If Buyer does not elect to waive such conditions,Buyer shall be entitled to terminate this Agreement by written notice delivered to Seller on or before the Closing Date. Seller may waive such conditions applicable to Buyer as Seller chooses and proceed to Closing, without alteration in the Purchase Price.If Seller does not elect to waive such conditions,Seller shall be entitled to terminate this Agreement by written notice delivered to Buyer on or before the Closing Date,whereupon Seller shall be entitled to receive the Escrow Deposit,as applicable,then held by Escrow Agent. The following are conditions precedent to Buyer’s obligation as to the Closing of the Property: (3)At Closing,the Property is ?ee from any outstanding liabilities,including but not limited to unpaid taxes (however,this does not include the current years taxes which are not yet due and which shall be apportioned on the closing statement). (b)The Property is not subject to any actual or pending litigation. (0)Seller has cured all Survey objections made by Buyer (if any) (d)Seller has cured all Title Objections made by Buyer (if any). (e)Seller has provided to Buyer an environmental report issued by an Environmental Professional,as that term is de?ned and governed by 40 CFR Part 312,who is licensed to practice in the State of Florida,demonstrating to Buyer the following: 53993713 v] Agenda Item #8.C. 13 May 2024 Page 47 of 199 1'} II I I I =| I I I I .I‘ I w | I I l‘ u :l | I I. I ‘.l y r I,. (i)that the Property has been inspected,(ii)that the Property meets applicable Florida Department of Environmental Protection (“FDEP”)requirements,pursuant to a standard Phase 1 environmental site assessment report,(iii)that the Property meets FDEP Groundwater Cleanup Target Levels (GCTLs)for the contaminants of concern identi?ed in the January 12,2024,Limited Site Assessment Report,and (iv)that such inspections and reports reveal no evidence of recognized environmental conditions (together,“Seller Environmental Report”).Seller shall have one hundred and eighty (180)days from the Effective Date to provide Buyer with the Seller’s Environmental Report (“Report Deadline”).If the Seller fails to provide Buyer with such Seller Environmental Report on or before the Report Deadline,then the Buyer shall have,in its sole discretion,the right to either proceed to Closing without the Seller Environmental Report or to terminate this Agreement and receive its Escrow Deposit.Failure of Seller to provide the Seller Environmental Report by the Report Deadline shall not constitute a default by Seller. The following are conditions precedent to Seller’s obligation as to the Closing of the Property: (a)Buyer is not in default under any terms of this Agreement. (b)Buyer can deliver the Purchase Price to Seller. As used herein,the term “Force Majeure”means acts of God,earthquakes,blizzards, tomados,hurricanes and tropical storms,pandemics,inclement weather in excess of historical weather patterns for the period in question,?re,?ood,malicious mischief,insurrection,riots, strikes,lockouts,boycotts,picketing,labor disturbances,public enemy,terrorist attacks,war (declared or undeclared),landslides,explosions,epidemics,compliance with any order,ruling, injunction or decree by any court,tribunal or judicial authority of competent jurisdiction or inability to obtain materials or supplies after the exercise of reasonable efforts,delay in granting any required consent by the party entitled to so grant within the time frame required herein, delays by governmental authorities,and any other matter beyond the reasonable control of the party obligated to perform.Unavailability of funds shall not be considered Force Majeure. BUYER AGREES AND ACKNOWLEDGES THAT THE SELLER HAS NEITHER MADE NOR HAS BUYER RECEIVED ANY PROMISES OR REPRESENTATIONS THAT ANY IMPROVEMENTS,UTILITIES,OR FACILITIES WILL BE BUILT BY SELLER DURING THE TERM OF THIS AGREEMENT.THE SELLER HAS NOT MADE ANYEXPRESS WARRANTIES AS TO THE PROPERTY ANDWAIVES ANY IMPLIED WARRANTIES AS TO THE PROPERTY. 9.QLQSING. (a)The closing of the sale and purchase of the Property (the “Closing”)shall occur not later than ten (10)business days after either:(1)the expiration of the Feasibility Period,or (2) Buyer’s acceptance of the Seller Environmental Report which meets the requirements in Section 8(e),whichever date is later.Buyer shall have ?ve (5)business days after its receipt of the Seller Environmental Report to determine in its sole discretion whether the Seller 53993713 v1 Agenda Item #8.C. 13 May 2024 Page 48 of 199 ‘.\I n '%| (b) (d) (e) (1) Environmental Report meets the requirements in Section 8(6).If Buyer decides in its sole discretion that the Seller Environmental Report meets the requirements in Section 8(e)it shall notify Seller in writing of its acceptance of same,and the Closing shall occur within ten (10)business days therefrom,otherwise Buyer notify Seller in writing that it does not accept the Seller Environmental Report,that it terminates this Contract and in such event the Escrow Agent shall be directed to immediately transfer the Escrow Deposit back to Buyer.The Closing may take place by mail with delivery of the Closing documents in escrow to Escrow Agent,or at such other place as may be agreed upon by the parties.TIME IS OF THE ESSENCE withrespect to Closing and the Closing Date. At Closing,Seller shall deliver to Buyer the Special Warranty Deed (the “Deed”) conveying to Buyer fee simple title to the Property,subject only to the Permitted Exceptions,which Special Warranty Deed shall be in form and content attached hereto as Exhibit “C.” At Closing,Seller shall deliver duly executed originals of the closing statement,Bill of Sale and General Assignment in the form of Exhibit “E”and such other documents to be executed as may be reasonably required by Buyer or the Title Company. At Closing,Buyer shall deliver to Seller the Purchase Price,the closing statement,and such other documents to be executed as may be reasonably required by Seller or the Title Company. At the Closing,Seller shall deliver all keys and lock combinations in Seller’s possession or control for all locks on the Property. At the Closing,Seller shall deliver such evidence,common documents or af?davits as may be reasonably required by the Title Company or Buyer relating to (i)Mechanic‘s or materialmen's liens (if any); (ii)Parties in possession; (iii)The status and capacity of Seller and the authority of the individuals who are executing the various documents on behalf of Seller in connection with sale of the Property,and (iv)Such information as may be reasonably required by the Title Company or to ensure the "gap"between Closing and the recordation of the Deed contained in the Property to Buyer. (v)That Seller has not caused any improvements,alterations or repairs to the Property for which the costs thereof remain unpaid. (vi)That Seller is in open and exclusive possession of the Property and that there are no lease agreements other than what has been disclosed. (vii)That there has been no change in title to the Property and that there are no pending matters concerning or against Seller that could give rise to a lien that would attach to the property or otherwise change the statute of title to the Property. (viii)Such other documents are consistent with the terms of the Agreement and reasonably required to close the transaction contemplated hereby 53993713 v1 Agenda Item #8.C. 13 May 2024 Page 49 of 199 (a) (b) (C) 10.CLOSING COSTS REIMBUR EMENT AND PRORATIONS. Seller shall pay for documentary stamps on the Deed,all recording fees,the cost of the Survey,Seller’s attorneys’fees,title insurance commitment and title premium. Buyer shall pay for all costs associated with Buyer’s due diligence,the Buyer’s attorneys’ fees and any costs incurred by the Buyer that is not speci?cally attributable to Seller in this Agreement. The following items shall be prorated by the parties as of the Closing Date: (0 (ii) (iii) (iV) Real estate taxes taking into consideration any discounts for early payment.Such taxes shall be prorated based upon the estimated amount of taxes for the year of Closing (based upon the prior years’tax bills if the tax bills for Closing are not available and in such case,Seller and Buyer shall re-prorate the taxes when actual tax bills for the current year are available).Any additional real estate taxes arising out of a change in the use of the Property on or a change in ownership after Closing shall be assumed by Buyer and paid by Buyer when due and payable. Special assessments or charges imposed against the Property by any applicable governmental authorities with jurisdiction over the Property (if any). If as of the Closing Date the Property is encumbered or otherwise affected by any assessment (whether or not a lien)which is or may become payable in installments, then for the purposes of this Agreement,any assessment currently due as of Closing shall be paid by the Seller and all remaining assessments shall be assumed and payable by the Buyer as they become due and Buyer shall take title to the Property subject to the unpaid installments not yet due and payable. The actual or estimated charges for utilities accrued and payable by Seller shall be prorated between Seller and Buyer,provided Buyer is required by law or elects to assume Seller’s utility account.Deposits for utilities (the “Utility Deposits”),plus any interest on the Utility Deposits to which Seller is or will be entitled that are held by the provider of the utilities and which are freely transferable to Buyer,shall at the election of the Buyer be assigned by Seller to Buyer and Buyer shall pay Seller the full amount thereof at Closing.Seller shall retain the right to obtain a refund of any Utility Deposits which are not required to be assigned to Buyer,and Buyer will Cooperate with Seller as reasonably requested in obtaining any refund. With respect to water,sewer,electric and gas charges,Seller shall make reasonable efforts to obtain a reading of the meter or other consumption measuring device as of the Closing Date.If the Seller is unable to obtain such a reading,Seller shall fumish a reading as of a date not more than thirty (30)days prior to the Closing Date and the unknown charges shall be apportioned on the basis of an estimate computed by utilizing such reading and the most recent bill from the utility provider. Prepaid charges,payments and accrued charges made by Seller under any 53993713 v1 Agenda Item #8.C. 13 May 2024 Page 50 of 199 ggrng? Continuing Contracts shall be prorated at Closing in a manner reasonably acceptable to Seller and Buyer. 11.REPRESENTATIONS BY BU ER. Buyer represents and warrants to Seller as follows: (a)Buyer’s execution,delivery,and/or performance of this Agreement is not prohibited by and shall not constitute a default under any other agreement,covenant,document or instrument to which Buyer is subject or bound. (b)Buyer has full power,capacity,authority,and legal right to execute and deliver this Agreement and to perform all transactions (including the execution and delivery of all documents)required of Buyer for the performance of this Agreement;and the person signing below on behalf of Buyer is duly authorized to execute this Agreement and bind Buyer. (c)Buyer’s city commission and/or mayor have performed all conditions precedent necessary for Buyer to enter into this Agreement,as set forth in Resolution ((1)This Agreement has been duly authorized by Buyer and,when fully executed and delivered,shall constitute a legal,valid,and binding obligation of Buyer. (e)To Buyer’s actual knowledge,there is no litigation,pending or threatened,which would have a material and adverse effect on Buyer’s ability to perform its obligations under this Agreement. (f)Buyer has engaged no brokers related to this Agreement. Buyer's representations and warranties set forth above are true and correct on the Effective Date, shall be true and correct on the date of Closing Date,and shall survive following the Closing.The truth and accuracy of these representations and warranties in all material respects at the time of Closing shall be a condition to Seller’s closing obligations under this Agreement. 12.““““"._ENTATIONS BY SELLER. Seller represents and warrants to Buyer as follows: (a)Seller's execution,delivery,and/or performance of this Agreement is not prohibited by and shall not constitute a default under any other agreement,covenant,document or instrument to which Seller is subject or bound. (b)Seller have full power,capacity,authority,and legal right to execute and deliver this Agreement and to perform all transactions (including the execution and delivery of all documents)required of Seller for the performance of this Agreement,including conveyance of the Property to Buyer;and the person signing below on behalf of Seller is 53993713 v1 Agenda Item #8.C. 13 May 2024 Page 51 of 199 (C) (d) (a) (b) duly authorized to execute this Agreement and bind Seller. This Agreement has been duly authorized by Seller and,when fully executed and delivered, shall constitute a legal,valid,and binding obligation of Seller. To Seller's actual knowledge,there is no litigation,pending or threatened,which would have a material and adverse effect on the Property or on Seller’s ability to perform its obligations under this Agreement. Seller has received no unresolved written notice from any applicable governmental authorities claiming a breach or other violation of any applicable federal,state or local laws,statutes,ordinances,codes,regulations,rules,or restrictions (collectively, “Applicable Laws”)related to the Property. Seller has entered into no license,lease or option agreements for the Property or any portion of the Property. Seller has engaged no brokers related to this Agreement. 13.ACKNOWLEDGEMENTS AND ADDITIONAL COVENANTS. Utilities and Permits.Buyer understands and agrees that water,sewer,electrical, telephone,and other utility services to the Property will be provided by the County or other utility providers who have the legal right to serve the Property.Buyer shall be solely responsible for payment of all connection,service and meter charges imposed by all such utility providers and shall be solely responsible for any increases in such charges that may occur from time to time.Further,Buyer shall be solely responsible for payment of all fees and charges associated with all building or other permits which may be required for construction of improvements upon the Property.This Section 13(a)shall survive Closing. Approvals.Buyer shall,at its own cost and expense,be responsible for obtaining all future approvals and permits from all applicable governmental authorities necessary for the Property after Closing.However,Buyer’s receipt of such future approval and permits,shall not be deemed a condition of Closing.This Section shall survive Closing. 14.NO RESALE LIABILITY. Buyer acknowledges and agrees that Seller is not a co-venturer or partner of Buyer in Buyer’s construction upon or resale of the Property,and that Seller shall bear no liability whatsoever resulting from or arising out of Buyer’s ownership,construction upon or resale of the Property. (a) 15.LEASING AND OTHER ACTIVITIES PRIOR TO CLOSING Seller shall not enter into any lease transaction or any other form of conveyance with respect to the Property,unless previously approved by the Buyer in writing,which consent may be granted or denied in Buyer’s sole discretion. 1053993713v1 Agenda Item #8.C. 13 May 2024 Page 52 of 199 u ':1 h (b)Seller shall not,without Buyer’s prior written approval,(i)make any material alterations or additions to the Property,except as may be required by law or as may reasonably be required for the prudent repair and maintenance of the Property,(ii)change or attempt to change (or consent to any change in)the zoning or other legal requirements applicable to the Property,(iii)cancel,amend or modify in any material respect any certi?cate,license, approval or permit held by or on behalf of Seller with respect to the Property,or (iv)sell, convey or remove from the Property any personal property unless the same is obsolete and is replaced by similar,tangible personal property of equal or greater utility or value. (c)At all times prior to Closing,Seller shall:(i)maintain the Property in good condition and repair;(ii)conduct business and operate and maintain the Property in substantially the same manner in which the Property was heretofore operated by Seller;(iii)maintain insurance in accordance with the insurance in place as of the Effective Date;(iv)not sell or further encumber the Property or any portion thereof or enter into any agreement relating thereto, and (v)promptly give Buyer a reasonably detailed written notice of:(1)any ?re,?ood or other material adverse change with respect to the Property of which Seller obtain actual knowledge;(2)any actual or proposed condemnation (or proceeding in lieu thereof)of which Seller obtain actual knowledge;(3)any written notice received by Seller claiming that the Property or the use and operation thereof fails to comply with applicable legal requirements;and (4)any written notice received by Seller concerning any pending or threatened litigation or administrative proceeding affecting the Property.If Seller become aware during the term of this Agreement of any matters that render any of its representations or warranties untrue,Seller shall promptly disclose such matters to Buyer in writing. 16.DEFAQLT. If this transaction is not closed because of Buyer’s default,of if Buyer is otherwise in breach of any obligation to be performed by Buyer prior to the Closing,TIME BEING OF THE ESSENCE AS TO EACH OF BUYER’S AND SELLER’S OBLIGATIONS UNDER THIS AGREEMENT, Seller shall,as its sole remedy,receive the Escrow Deposit as agreed upon liquidated damages, Seller’s actual damages in such event are not readily ascertainable and the liquidated damages provided herein shall not be considered a penalty.It being hereby acknowledged by Buyer and Seller that if Buyer defaults,Seller will suffer damages incapable of exact ascertainment,and upon the exercise of such remedy,this Agreement shall be null and void and neither Seller nor Buyer shall have any further rights or obligations hereunder except as otherwise expressly provided in this Agreement.If this transaction is not closed because of the default of Seller or if Seller are otherwise in breach of any obligation to be performed by Seller prior to the Closing,Buyer may, as its sole discretion,receive a refund of the Escrow Deposit or Buyer may seek speci?c performance to enforce-the terms of this Agreement.In no event may Buyer or Seller recover any consequential or punitive damages under any circumstances.All other remedies of Buyer and Seller with regard to failure to close or breach of any other provision of this Agreement (except for a breach of the indemnities herein and the obligations in this Agreement that speci?cally survive Closing)are expressly waived.With respect to any default in the obligations of Seller or Buyer to be performed subsequent to the Closing,Seller and Buyer shall each have all remedies available at law or in equity.With respect to any default under this Agreement other than a failure to timely close on the Closing Date,the non-defaulting party shall provide the defaulting party with 53993713 v1 Agenda Item #8.C. 13 May 2024 Page 53 of 199 written notice of such default and a period of ?fteen (15)days in which to cure such default,prior to taking any enforcement action with respect to such default.The applicable provisions contained herein shall survive the Closing and the delivery of the deed of conveyance. 17.MISCELLANE S. (a)Notice.In the event that more than one person or entity are listed as Buyer,any notice given by Seller to any of such persons or entities shall constitute notice to all.Any notice or approval under this contract shall be sent,postage prepaid,by registered,certi?ed mail,or overnight mail,or by hand delivery or by electronic mail to the applicable party at the following addresses: If to Seller:Steve Swarm Email:sswann@coab.us With cc to:Jason Gabriel,Esq. Email:j gabriel@burr.com If to Buyer:Zach Miller,Esq. Email:Zwmillerlaw@gmail.com If to Escrow Agent:McKillop Law Firm,PL Email:ian@mckilloplawf1rm.com Notices shall be effective on receipt and may be given by parties or counsel to either party. (b)Assi ment.Buyer shall not assign its interests in this Agreement in whole or in part without the prior approval of Seller,which approval may be granted or withheld in Seller’s sole and absolute discretion. (0)Attorne s’Fees and Venue.In connection with any litigation arising out of,or to enforce or interpret,this Agreement,the prevailing party shall be entitled to recover reasonable attorneys’fees and costs at all levels of proceeding in addition to any other relief granted. The venue for any proceeding of a dispute under this Agreement shall be in the Florida Circuit Court in and for Duval County,Florida or the Federal Courts in Jacksonville, Florida. (d)Entire A r ement.This Agreement supersedes any and all understandings between the parties with respect to the subject matter of this Agreement.Any representations or inducements previously made which are not included and embodied in this Agreement in writing shall be of no force or effect.This Agreement may be modi?ed or amended only in writing and signed by Buyer and Seller and any and all prior discussions,negotiations, 1253993713v1 Agenda Item #8.C. 13 May 2024 Page 54 of 199 (e) (f) or representations which are not speci?cally set forth in this Agreement or in addendum to this Agreement are null,void and of no force and effect. Condemnation.Upon obtaining knowledge of any proceedings for the condemnation of any portion of the Property (including negotiations in lieu of condemnation),Seller shall promptly notify Buyer of the pendency of such proceedings.If,after the Effective Date and prior to an applicable Closing,any portion of the Property shall become subject to a judicial condemnation (or sale in lieu of condemnation),Buyer may,by written notice to Seller given 5 days after notice,elect to cancel this Agreement prior to the Closing with respect to such Property,in which event both parties shall be released from any further liability hereunder with respect to such Property,however,this Agreement shall remain in full force and effect with respect to the Property that are not affected by the condemnation. If no such election is made,this Agreement shall remain in full force and effect with respect to all of the Property,and the purchase contemplated,less any interest taken by eminent domain or condemnation,shall be effected with no adjustment of the Purchase Price,and upon the applicable Closing,Seller shall assign or pay (to the extent previously received by Seller)over to Buyer,as applicable,all of the right and interest of Seller to any awards that have been or may be made for such taking. Risk of Loss.Unless and until the Closing is completed,the risk of loss to the Property from casualty or condemnation shall be borne by Seller.If all or a portion of the Property is damaged or destroyed by ?re or other casualty prior to Closing such that:(1)Buyer’s reasonable estimate of the cost to repair the same exceeds Ten Thousand and No/100 Dollars ($10,000.00);(2)parking that bene?ts the Property is lost;(3)access to or egress from the Property is materially impaired;or (4)Seller do not demonstrate to Buyer’s reasonable satisfaction that the available insurance proceeds to be assigned to Buyer, together with the deductible amounts to be credited against the Purchase Price,are adequate to pay the cost to repair such damage or destruction (any such ?re or other casualty,a “Material Casualty”),Buyer may,at Buyer’s sole option,elect to either: (i)terminate this Agreement and receive back the Escrow Deposit;or (ii)purchase the Property subject to and in accordance with the terms of this Agreement. In the event of a ?re or other casualty that is not a Material Casualty,and in connection with any Material Casualty as to which Buyer elects to proceed pursuant to Section 17(i)(ii),(A)Buyer shall purchase the Property in accordance with the terms hereof without reduction in the Purchase Price (except for any applicable deductible that will reduce the insurance proceeds assigned to Buyer at Closing)and (B)Seller shall assign to Buyer at Closing all insurance proceeds paid or payable on account of such damage,including any rental or business interruption insurance (and the amount of any deductible shall be credited against the Purchase Price).Buyer shall be deemed to have elected to proceed under Section 17(t)(ii)unless,within ?fteen (15)Business Days from reasonably detailed written notice to Buyer of such casualty,Buyer provides Seller with written notice that Buyer elects to terminate pursuant to Section l7(i)(i).If the Closing Date would otherwise occur sooner,it shall automatically be extended to the date that is twenty (20)Business Days 1353993713v1 Agenda Item #8.C. 13 May 2024 Page 55 of 199 (k) after written notice to Buyer of the casualty.If any insurance proceeds paid or payable on account of a ?re or other casualty are to be assigned to Buyer in accordance with the provisions of this Agreement,Seller shall cooperate as reasonably requested by Buyer to effectuate such assignment (including,if necessary,prosecuting claims in Buyer’s name or for Buyer’s bene?t),and Seller’s obligation to so cooperate shall survive the Closing. Int r etation.The captions in this Agreement are for information andconvenience only and shall in no way de?ne,limit or construe the contents of any provision of this Agreement. This Agreement shall be governed by the laws of the State of Florida.Unless otherwise speci?ed,the term “days”shall refer to calendar days and not business or working days.If any provision of this Agreement,or the application of such provision to any person or circumstance is held invalid,the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is invalid,shall not be affected.Any time period provided for in this Agreement that ends on a Saturday,Sunday or other day when the Duval County,Florida courthouse is closed to the public (each,an “Excluded Day”),shall be extended to 3:00 pm.of the next day that is not an Excluded Day. Counter arts.This Agreement may be executed in one or more original counterparts,all of which when properly executed by the parties,shall constitute an original Agreement. Executed counterparts of this Agreement that are transmitted by facsimile or by electronic mail shall be effective and binding on all parties. Electronic Si natures.The exchange of copies of this Agreement and copies of signature pages (including,but not limited to,this Agreement and/or any closing related document) by facsimile,email or attachment of a scanned electronic copy to email shall constitute effective execution and delivery of such document as to the parties and may be used in lieu of the original for all purposes.Signatures of the parties transmitted by facsimile,email,or attachment of a scanned electronic copy to email shall be valid,enforceable andbinding as an original signature for all purposes. Confidentialig.Buyer and Seller shall maintain at all times as con?dential information:(i) the terms of this Agreement;and (ii)the existence and content of any negotiations. Notwithstanding the foregoing,Buyer and Seller shall have the right to indicate to County of?cials that Seller and Buyer have executed this Agreement.Buyer and Seller may also: (i)inform lenders,advisors,counsel and employees whom each party deems necessary or advisable,provided that such persons are advised of the con?dential nature of this Agreement;(ii)make disclosures required by applicable laws;and (iii)make disclosures to utility and other service providers as to matters directly related to their services. Press Releases.Buyer shall not make any press releases or other media dissemination of information relating to the transactions contemplated herein without the prior approval of the other party. 1031 Exchan e.Buyer and Seller each hereby acknowledge that the sale of the Property pursuant to this Agreement may be part of a tax-free exchange for Seller pursuant to Section 1031 of the Code,the regulations promulgated thereunder,revenue procedures, 1453993713V Agenda Item #8.C. 13 May 2024 Page 56 of 199 (m) (11) (0) pronouncements and other guidance issued by the Internal Revenue Service.Buyer hereby agrees to cooperate with Seller to facilitate such exchange (which shall include execution of typical 1031 exchange documentation required by Seller’s 1031 accommodator), provided that same will not delay the Closing,cause additional expense to Buyer,increase Buyer liabilities or obligations,or otherwise modify any of the terms or provisions of this Agreement.Seller’s rights under this Agreement may be assigned to a quali?ed intermediary for the purpose of completing such an exchange. Possession.Possession of the Property shall be delivered to Buyer by Seller at the Closing, subject only to the Permitted Exceptions. Waiver°Governin Law.The excuse or waiver of the performance by a party of any obligation of the other party under this Agreement shall only be effective if evidenced by a written statement signed by the party so excusing or waiving.No delay in exercising any right or remedy shall constitute a waiver thereof,and no waiver by Seller or Buyer or the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. This Agreement shall be construed and the rights and obligations of Seller and Buyer hereunder determined in accordance with the internal laws of the State of Florida,without regard to the principles of con?ict of law.In recognition of the bene?ts of having any disputes with respect to this Agreement resolved by an experienced and expert person, Seller and Buyer hereby agree that any suit,action,or proceeding,whether claim or counterclaim,brought or instituted by any party hereto on or with respect to this Agreement for which any it relates,directly or indirectly,to this Agreement or any event,transaction, or occurrence arising out of or in any way connected with this Agreement whether Property,or the dealings of the parties with respect thereto,shall be tried only by a federal or state court having jurisdiction in Duval County,Florida. Brokers.Seller and Buyer shall each indemnify,defend,protect and hold harmless the other against and from any and all Losses (as hereinafter de?ned)for commissions or other compensation that may be made by anyone claiming through the indemnifying party in connection with this sale.As used in this Agreement,“Losses”shall mean all demands, claims,causes of action,losses,debts,controversies,damages,liabilities,obligations, ?nes,penalties,charges,administrative and judicial proCeedings and orders,judgments, and all costs and expenses incurred in connection therewith,including,without limitation ,attorneys’fees and costs of defense and costs and expenses of all experts and consultants. The provisions of this paragraph shall survive the Closing and the delivery of the Deed or the termination of this Agreement. (p)Indemni?cation.Seller agrees to indemnify and hold harmless Buyer,its of?cers, employees,city commissioners,agents,successors and assigns from and against any suits ,actions,proceedings,claims,judgments,costs,damages and expenses related to (i)the environmental contamination found in any of the four (4)monitoring wells,the locations of which are speci?ed on Figure 3 of the January 12,2024 Limited Site Assessment Report prepared by The Blackledge Group (Project No:23-253-05),and (ii)the representations made within the Seller Environmental Report.This indemni?cation shall survive the Closing. 1553993713v] Agenda Item #8.C. 13 May 2024 Page 57 of 199 18.DISCLOSURES. (3)THE BUYER SHOULD NOT RELY ON SELLER’S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE.A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION,CONTACT THE COUNTY PROPERTY APPRAISER’S OFFICE FOR INFORMATION. (b)THE BUYER HEREBY WARRANTS THAT THE AGENTS OR EMPLOYEES OF THE SELLER AND ITS AFFILIATES HAVE MADE NO ORAL OR WRITTEN REPRESENTATIONS THAT THE BUYER WOULD DERIVE ECONOMIC BENEFITS OR EXPECTATIONS OF PROFITS FROM APPRECIATION IN PROPERTY VALUE,OR PROFITS TO BE DERIVED FROM THE ENTREPRENEURIAL OR MANAGERIAL EFFORTS OF THE SELLER, SELLER’S AGENTS OR THIRD PARTIES DESIGNATED OR ARRANGED FOR BY THE SELLER FOR RENTAL MANAGEMENT,OR OTHER FINANCIAL RETURNS FROM THE BUYER’S INVESTMENT. (c)BUYER SHOULD RELY NOT UPON ANY REPRESENTATIONS OTHER THAN THOSE EXPRESSLY STATED IN THIS CONTRACT. (d)Radon Gas Disclosure.Radon is a naturally occurring radioactive gas that,when it has accumulated in a building in suf?cient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guideline have been found in buildings in Florida.Additional information regarding radon and radon testing may be obtained from the county health department. 19.EXCLUSIVITY Seller agrees that during the entire Feasibility Period neither Seller,nor its of?cers,agents, employees,advisers or other representatives (“Seller’s Representatives”)will directly or indirectly commence or make any introductions with anyone other than the Buyer or a company which is a subsidiary or af?liate of the Buyer (or any of their of?cers,agents,employees,advisers or other representatives)in relation to fee title conveyance of the Property or any part of the Property.Nor shall Seller’s Representatives seek,encourage or respond to any approach that might lead to negotiations in relation to the fee title conveyance of the Property with a third party nor supply or otherwise disclose any information about fee title conveyance of the Property to a third party that wishes,or may wish,to enter into negotiations in relation to fee title conveyance of the Property. 20.CONFIDENTIALITY Buyer and its representatives shall hold in strictest con?dence all data and information obtained with respect to Seller or their business,whether obtained before or after the execution and delivery 53993713 v1 1 Agenda Item #8.C. 13 May 2024 Page 58 of 199 of this Agreement which shall be used solely for the purposes of evaluating the proposed acquisition of the Property by Buyer,and shall not disclose the same to others;provided,however, that it is understood and agreed that Buyer may disclose such data and information to the employees,lenders,investors,partners,bankers,brokers,professionals,consultants,accountants and attorneys of Buyer provided that such persons agree to treat such data and information con?dentially. Both before and after the Closing,any press release or other public disclosure of information with respect to the sale contemplated herein or any matters set forth in this Agreement,including but not limited to the identity of Buyer,the principals of Buyer or any other individual related to Buyer or involved in the transaction,made or released by or on behalf of Seller shall be subject to Buyer’s prior written approval,in Buyer’s sole discretion.In the event of a breach or threatened breach by Seller or its agents or representatives of this Section 20,Buyer shall be entitled to an injunction restraining Seller or its agents or representatives from disclosing,in whole or in part,such con?dential information.Nothing herein shall be construed as prohibiting Buyer from pursuing any other available remedy at law or in equity for such breach or threatened breach.The provisions of this Section 20 shall survive the Closing or any termination of this Agreement. IN WITNESS WHEREOF,Buyer and Seller have executed this Agreement as of the Effective Date. BUYER: CITY OF ATLANTIC BEACH,FLORIDA,a municipal corporation HOOSE HOMES AND INVESTMENTS,LLC.,a Florida limited liability company Donna Bartle,City Clerk 1753993713v1 SELLER: Name: Title: Date: Attest: Agenda Item #8.C. 13 May 2024 Page 59 of 199 Name: Title: Date: JOINDER BY THE ESCROW AGENT By its execution hereof,the Escrow Agent hereby (i)covenants and agrees to hold the Deposit in accordance with the above provisions and the provisions of the Escrow Agreement executed by Escrow Agent,Seller and Buyer,and (ii)acknowledges receipt of a copy of the Purchase and Sale Agreement to which this J oinder is attached. Name: Its: Exhibit List: Exhibit A Description of the Property Exhibit B —Form of Escrow Agreement Exhibit C —Deed Exhibit D —Intentionally Deleted Exhibit E —Form of Bill of Sale and General Assignment 18v15399371 Agenda Item #8.C. 13 May 2024 Page 60 of 199 EXHIBI A 1J7? DESCRIPTION OF PROPERTY [Parcel ID 172118 0000,172119 0000,172122 0000] Including the following lands: DDR!PAREEL J‘-‘FIFTIDFSEGTIE‘N1A7.TDD'HSHI‘F‘2 EQUTH.Til-HIDE 29 E?ET.I”!!!I!PER DDHNEF E SUEBIE‘ISIDK.PIECOR‘B‘INBTO FUIT RECORDED IN FL?T BOOK 5; >OF TWP-EL ??kINTV.FLDPIDA;“ME PA'HTIE-‘ULi-HL'f DESCRIBED IVE F‘GLLDIS'III“?In ‘F-CIIHTOF EDHHEKEEHEHT EE'EIH AT THE “SOUTHWEST FGHHER C'F SAID VLE'T11:THENCE HDRTH EITI'I'H2"WEST JILOHG THE WEST UHE i{ill- —75MB LOTS ID 1|th I".s!-DIST'J-H-E DF 3471!?FEET TO THE HEIRTHWEET CORNER‘OF THE ENTH 5!]FEET 0F LDT “II;THEHL‘E NORTH IDB'ZT 4"?EAST JAL'UHE THE MERIT-I LINE DF THE EDUTH ?ll}FEET 9F LDT H).L ELSTANEE‘EF “mug FEET TD Ml.INTER EC-TITDHINITH THE WESTER'LJ'HIEHT-?F-‘I'E'I'LINE DF FRJ‘IHIC-ISAVENUE EHFLOTS10'’D 1‘.I . R PHBIJE-PECDBIJE T Cl M! Fi?-5E 4.;EUR ENT. V Nil 00 FDDT RIGHT-DF-HHV B?F'LIT:THENCE SDUTH DW-l?O-‘l EAST ?LONE SAID EIGHT-UFfVM‘T LI‘HE.A LTANBE 9|"an El][EET Til THE 50H #ST FDIHEH DI"5M9 LDT ‘lli‘:THENCE DEPI'UITTHESill!RIGHT-Dr- WHT EDUTH UTE?‘35 WE?T ALPINE THE.SSE-1THLINE UP LD‘T "In ‘A DISTAHGE “EH'3“W DEPARTIMG “SAID LDT LINE SDHTH DD'JJ OI [EST F.DISTANCE ‘DF 'I'IILDD FEET"THENCV 1E2—I'3I"znH E NDIT EnST.A nISTAutE nF gum FEET:'IHE'IIEE smurf-In?-aa'm'EAiT,A anAuct pr 3-!on FEET.THEM-CEmumamrm'EAST.A uIETAHEE ?r 1am FEET 11>A ram-r an EA":iIcHT—uF—wyv uu;THEHVItEsau'm ou-axaa':AsT ALGNEsAm mcHT—nr—mn LIME.A DISTANEEDr 11m FEET To THE souTHEAM manta uF 5A")um 11;THENCE snuTH ?i'i?'U“wEs'r ALdm:sAIE spuTH LIME aF LDT n.A ‘hIETAMCE nr 5.111: FEET-THEHCE DEPARTIILG5A”:LDT Lin:udl-‘eTH mars T was“A DISTANCE M 5::bn FEET-THENCE norm 'n-n‘f'n'uEET.A DIS'rAntE or 115.55 FEET;THEME:SDIJTH 0H:57:wEsT.A mam-ac:[111'mm:FEET 'm A mm In 5mm LIuE :1;LIST .THEHLE -?-uTH airs-r15»IE’ST ALmu‘.BAIn LbT um;ATDR531 7 11-"5 DIETANE‘E 11F 195.11 FEET TO THE ?IHT (IF AEEGIHNIHIL'. EDMTAIHIHE ACRES DJDEE (IR LEE'S. (anvzzzA .1 Agenda Item #8.C. 13 May 2024 Page 61 of 199 EXHIBIT B ESCROW AGREEMENT Escrow A ement THIS ESCROW AGREEMENT (this "Escrow A cement"is made and entered into on this—day of ,2024,HOOSE HOMES AND INVESTMENTS,LLC.,a Florida limited liability company whose address is 7563 Philips Highway Suite 111 (“Seller”) and CITY OF ATLANTIC BEACH,FLORIDA,whose address is 800 Seminole Road, Atlantic Beach,FL (or its assigns)(“Buyer”),(Seller and Buyer are collectively referred to as’ "Principal(s)"),and McKillop Law Firm,PL ("Escrow Agent"). WHEREAS,Principals have entered into that certain Purchase Agreement dated the day of 2024 (the “A eement".Unless otherwise de?ned herein,all capitalized terms used in this Escrow Agreement shall have the meanings assigned to the same in the Agreement. WHEREAS,Principals desire that Escrow Agent hold the Escrow Deposit,as de?ned in the Agreement in escrow,subject to the conditions precedent set forth in the Agreement. WHEREAS,the terms and obligations governing the Escrow Deposit shall be applied as applicable to each deposit per the requirements for each deposit as set forth in the Agreement and shall in no way require disbursement of either deposit to Escrow Agent or Seller prior to the applicable conditions precedent set forth in the Agreement. NOW,THEREFORE,in consideration of the covenants and agreements herein set forth and other good and lawful consideration,the receipt and suf?ciency of which are hereby acknowledged,the parties hereto,intending to be legally bound,agree as follows: 1.Escrow (a)Escrow Agent agrees to hold the Escrow Deposit in escrow,if in or converted to cash,subject to the terms and conditions contained in this Escrow Agreement and the Agreement. (b)Escrow Agent shall not be deemed to have knowledge of any matter or thing unless and until Escrow Agent has actual knowledge of such matter or thing,and Escrow Agent shall not be charged with any constructive notice or knowledge whatsoever. (0)In the event instructions from Principal(s)would require Escrow Agent to expend any monies or to incur any cost,Escrow Agent shall be entitled to refrain from taking any action until it receives payment for such costs from the Principal(s). 2.Release of Deposit (a)Escrow Agent agrees to release the Escrow Deposit in accordance with the terms and conditions set forth in this Escrow Agreement and the Agreement.Escrow Agent shall be required to obtain the consent of both parties to release the (ananch Agenda Item #8.C. 13 May 2024 Page 62 of 199 -II I ...1 -.II II II I I I I .II I I I .I .II I I I L ' ‘3 II |H ' .—I II .I '__I I I III I I '‘-I III ''I'II |'"'I __'I H I I I _I -I :I.I II I |II :I z I .I I =I - I II ‘‘I I |'II -I I ‘n I .. I _.1 II I II I -II J I f .I I I I : I...I "| I .I z t H:II ..I I a I I I I I II I --I ‘II.I I H II -.I I _n I I I I II I I I I .I .:I I =I I I -I I I I.I.II I I III I '.‘ I -".I. I . I .. .I . :I I I,.A -I ‘'--.'HI I II II I 'J. I -I I -.‘l I |-I II II I II t l .I I I I =,".5 I I I 'II II .".I.:II.. I.I... I,I II 1 ‘‘ II '..‘ II -I II -'|‘' I u I =I :I z _I I -I I II I I II -I II II '1 |' _II I .II _ I I -I 'II II I z _I II .I I - (b) (C) (d) Escrow Deposit,provided,however,(i)if Escrow Agent is releasing the Escrow Deposit to Seller as a result of the termination of the Agreement by Buyer after the Feasibility Period or as a failure of Buyer to meet its conditions to close and Seller is not in default under the Purchase and Sale Agreement between Buyer and Seller,then Escrow Agent is not required to obtain the consent of Buyer to release the Escrow Deposit to Buyer and (ii)if Escrow Agent is releasing the Escrow Deposit as a result of Closing,then EscrowAgent is not required to obtain the consent of Buyer to release the Escrow Deposit to Seller. In the event Escrow Agent shall be uncertain as to its duties or rights hereunder or shall receive instructions,claims or demands from any Principal(s)with respect to the Escrow Deposit or any other sums or things which may be held hereunder,which,in its sole opinion,are in con?ict with any provisions of this Escrow Agreement and/or the Agreement,if any,Escrow Agent shall be entitled to refrain from taking any action until it shall be directed otherwise in writing by all Principal(s)and said third persons,if any,or by a ?nal order or judgment of a court of competent jurisdiction. If all or any portion of the Escrow Deposit delivered to Escrow Agent is in the form of a check or in any form other than cash,Escrow Agent shall deposit the same as required but shall not be liable for the nonpayment thereof nor responsible to enforce collection thereof.If such check or other instrument other than cash representing the Escrow Deposit is returned to Escrow Agent unpaid, Escrow Agent shall notify the applicable Principal(s)for further instructions. Escrow Agent shall deposit the Escrow Deposit,as applicable,if in or converted to cash.The account in which either is deposited shall be with a banking institution selected by Escrow Agent in an account insured by the Federal Deposit Insurance Corporation.The Escrow Agent shall have no-liability or responsibility to any party regarding the ?nancial failure or bankruptcy of such institution;provided,however,that such institution is a banking institution duly licensed under the federal or state banking laws. Liability of Escrow Agent (6)Escrow Agent may act in reliance upon any writing or instrument or signature which it,in good faith,believes to be genuine,may assume the validity and accuracy of any statementsorassertion containedin such writing or instrument,and may assume that any person purporting to give any writing,notice,advice or instruction in connection with the provisions hereof has been duly authorized to do so.Escrow Agent shall not be liable in any manner for the suf?ciency or correctness as to form, manner of execution,or validity of any written instructions delivered to it;nor as to the identity,authority,or rights of any person executing the same and shall otherwise not be liable for any mistakes of fact or error of judgment,or for any acts or omissions of any kind unless caused by its willful misconduct or gross negligence. (anagzcn .. Agenda Item #8.C. 13 May 2024 Page 63 of 199 I‘I I ‘_I I '' II I I...I ‘II I III II: I I .I I I =.if _’l III I I". I Hi II'I I _I I I I II ‘II I “ I II . -I :.—I -I 7|I I ' —I II l VII - -.-I -'..|. II I I II 1er ” I, l-_ v II I‘ ‘II II I _ II I I I I _I I _= I ‘II | _I .I I-I II .I II I I II II - I I— I,. , II. III I .. .II . ‘ II. I L : II 4. 5. (b) (a) It is agreed that the duties of Escrow Agent are purely ministerial in nature and shall be expressly limited to the safekeeping of the Escrow Deposit and for the dispositio nofsameinaccordancewiththisEscrowAgreementandanycosts,expenses or fees incurred by the Escrow Agent in the performance of these duties shall be borne equally by the Principals.Each Principal hereby agrees to indemnify,defend and hold Escrow Agent harmless from and against any and all claims,liabilities ,damages,costs,penalties,losses,actions,suits or proceedingsat law or in equity,or any other expenses,fees or changes of any character or nature (including,without limitation,attomeys‘fees,paralegals‘fees and costs incurred in all trial and appellate proceedings or otherwise if no litigation is instituted)which it may incur or with which it maybe threateneddirectly or indirectly arising from or in any way connected with this Escrow Agreement,whether or not such claims,liabilities,damages,costs, penalties,losses,actions,suits or proceedings arise from or are in any way connected with any negligence of Escrow Agent.Notwithstanding anything in this subparagraph3(b)to the contrary,in no event shall Escrow Agent be absolved from any liability arising from Escrow Agent's gross negligence or willful misconduct. Disputes This Escrow Agreement shall remain in effect unless and until it is canceled in any of the following manners: (i)In the event Escrow Agent is joined as a party to a lawsuitby virtue of the fact that it is holding the Escrow DepositEscrow Agent shall,at its option,either:(1)tende rtheEscrowDeposittotheregistryoftheappropriatecourt;or (2)disburse the Escrow Deposit in accordance with the court's ultimate disposition of the case, and Principal(s)hereby,jointly and severally,indemnify,defend and hold Escrow Agent harmless from and against any damages or losses in connectiontherewit hincluding,but not limited to,attomeys'and paralegals'fees and court costs at all trial and appellate levels,except to the extent caused by Escrow Agent's gross negligence or willful misconduct. (ii)In the event Escrow Agent tenders the Escrow Deposit tothe registry of an appropriate court and ?les an action of interpleader naming the Principal(s)and any affected third parties of whom Escrow Agent has received actual notice ,Escrow Agent shall be released and relieved from any and all further obligatio nandliabilityhereunderorinconnectionherewithandPrincipal(s)hereby,jointly and severally,indemnify,defend and hold Escrow Agent harmless from and against any damages or losses arising in connectiontherewith,including,but not limited to,all costs and expenses incurred by Escrow Agent in connection with the ?ling of such action,including,but not limited to,attomeys'and paralegals 'fees and court costs at all trial and appellatelevels,except to the extent causedby Escrow Agent‘s gross negligence or willful misconduct. Terms of Agreement canaczzn Agenda Item #8.C. 13 May 2024 Page 64 of 199 .I IIII,_ I-II-III.. I. I II. II I.... .1.- I. . VI --i n I n z I. I._I I.II . ‘I I V II I I I III I h I - I I II II I I.II -I III II- I II I I.“h .'LI '.I.-w .I I l I “- - I I II I '1 :'. I .I I .I I . I II - I I I I I II .III '‘I ‘III '-z -' II -.-. .AII . I . --n I ., (a)This Escrow Agreement shall remain in effect unless and until it is canceled in any of the following manners: (1)Upon written notice given by all Principal(s)of cancellation of designation of Escrow Agent to act and serve in said capacity,in which event cancellationshall take effect no earlier than twenty (20)days after notice to Escrow Agent of suchcancellation;or , (ii)Escrow Agent may resign as escrow agent at any time upon giving notice to Principal(s)of its desire to so resign;provided,however,that resignation of Escrow Agent shall take effect no earlier than twenty (20)days after the giving of notice of resignation;or (iii)Upon compliance with all escrow provisions as set forth in this Escrow Agreement. (b)In the event Principal(s)fail to agree to a successor escrow agent within the period described hereinabove,Escrow Agent shall have the right to deposit the Escrow Deposit,as is applicable,into the registry of an appropriatecourt and request judicial determination of the rights between Principal(s),by interpleaderor other appropriate action,and Principal(s)hereby,jointly and severally,indemnify,defend and hold Escrow Agent harmless ?om and against any damages or losses in connection therewith including,but not limited to,reasonable attomeys'and paralegals'fees and court costs at all trial and appellatelevels. (c)Upon termination of the duties of Escrow Agent in either manner set forth in Paragraph 5(a)(i)or Paragraph 5(a)(ii)above,Escrow Agent shall deliver the Escrow Deposit to the newly appointedescrow agent designatedby the Principal (s),and,except for rights of Escrow Agent speci?ed in Paragraph 3(b)above,Escrow Agent shall not otherwise have the right to withhold the Escrow Deposit from said newly appointedescrow agent. ((1)Escrow Agent shall not be bound by any modi?cation,cancellation or rescission of this Escrow Agreement unless in writing and signed by all Principal(s)and Escrow Agent.In no event shall any modi?cation of this Escrow Agreement, which shall affect the rights or duties of Escrow Agent,be binding on Escrow Agent unless it shall have given its prior written consent. 6.Notices All notices,certi?cates,requests,demands,materials and other communications hereunder shall be in writing and deemed to have been duly given:(1)upon delivery by hand to the appropriate address of each Principal or Escrow Agent as set forth in this Escrow Agreement or in the Agreement,if any;or (2)upon receipt if mailed by United States registered or certi?ed mail,return receipt requested,postage prepaid to such address or (3)upon delivery by electronic mail id’s listed elsewhere in this agreement All notices to Escrow Agent shall be addressed to the attorneys signing on behalf of Escrow Agent at the following address: Escrow Agent:McKillop Law Firm,PL tanazctn . Agenda Item #8.C. 13 May 2024 Page 65 of 199 I, II I. II _. IA LI U I II .H I ,I -I l I..l ': 'u I _I II ”III .,-II II I .I II II II I .. u A I l U -I I I Email:ian@mckilloplawf1rm.com 7.Choice of Law and Venue This Escrow Agreement shall be governed by and construed in accordance with the laws of the State of Florida.In the event any action,suit or proceeding is instituted as a result of any matter or thing affecting this Escrow Agreement,the parties hereto hereby designate Duval County, Florida,as the proper jurisdiction and the venue in which same is to be instituted. 8.Cumulative Rights Except as limited herein,no right,power or remedy conferred upon Escrow Agent by this Escrow Agreement is exclusive of any other right,power or remedy.All such rights,powers and/or remedies shall be cumulative and concurrent and shall be in addition to any other right,power or remedy Escrow Agent may have under the Escrow Agreement or now or hereafter existing at law, in equity or by statute,and the exercise of one right,power or remedy by Escrow Agent shall not be construed or considered as a waiver of any other right,power or remedy. 9.Binding Agreement This Escrow Agreement shall be binding upon the Principal(s)and Escrow Agent and their respective successors and assigns.This Escrow Agreement may be executed in counterparts,all of which counterparts shall be deemed to be a single document.Signature pages received by facsimile transmission shall be deemed to be an original document. 10.Entire Agreement The Agreement and this Escrow Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all other written or oral agreements,documents,memoranda,understandings or otherwise between the parties relating to the subject matter hereof.In the event of any con?ict between the Agreement and this Escrow Agreement,the terms and provisions of this Escrow Agreement shall control. 11.WAIVER OF JURY TRIAL THE PRINCIPAL(S)EACH HEREBY MUTUALLY,KNOWINGLY,VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF OR UNDER OR IN CONNECTION WITH THIS ESCROW AGREEMENT OR ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH,OR ANY COURSE OR CONDUCT,COURSE OF DEALING,STATEMENTS (WHETHER VERBAL OR WRITTEN)OR ACTION OF ANY PARTY.THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS ESCROW AGREEMENT l’)n1(££? Agenda Item #8.C. 13 May 2024 Page 66 of 199 SELLER: HOOSE HOMES AND INVESTMENTS,LLC.,a Florida limited liability company Name: Title: Date: BUYER: CITY OF ATLANTIC BEACH,FLORIDA,a municipal corporation Name: Title: Date: tanazch .1 Donna Battle,City Clerk ESCROW AGENT: McKillop Law Firm,PL, Attest: Name: Title: Date: Agenda Item #8.C. 13 May 2024 Page 67 of 199 DEED EXHIBIT C IAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made and executed as of the day of ,2024,by ,a (“Grantors”),whose address is to ,a (“Grantee”),whose address is WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00)and other valuable consideration,the receipt and suf?ciency of which is hereby acknowledged,Grantors hereby grant,bargain,sell,convey and con?rm to Grantee and its successors and assigns,all of the real property in Duval County,Florida,more particularly described on Exhibit A attached hereto and made a part of this Deed (the “Property”),together with all tenements,hereditaments,and appurtenances pertaining to the Property and subject to the restrictions,easements,agreements, reservations and other matters set forth on Exhibit B attached hereto and made a part hereof and other matters of record (the “Permitted Exceptions”). TO HAVE AND TO HOLD the same in fee simple forever. Grantors hereby covenant with Grantee that the Property is free from all encumbrances placed on the Property by Grantors (except for the Permitted Exceptions)and that Grantors will warrant and defend Grantee’s title against lawful claims of all persons claiming by,through or under Grantors (except claims made pursuant to the Permitted Exceptions)but against none other. [Signature blocks,notary blocks,Exhibit A and Exhibit B to be added to document to be executed by the parties at the Closing] {an/3:144 PREPARED BY: Agenda Item #8.C. 13 May 2024 Page 68 of 199 EXHIBIT D tanazcz/i “1 Agenda Item #8.C. 13 May 2024 Page 69 of 199 EXHIBIT E FORM OF BILL OF SALE AND GENERAL ASSIGNMENT ,2024 KNOW ALL PEOPLE BY THESE PRESENTS,that,HOOSE HOMES AND INVESTMENTS,LLC.,a Florida limited liability company (“Seller”),for and in consideration of the sum of Ten and No/l 00 Dollars ($10.00)lawful money of the United States,and other good and valuable consideration to Seller in hand paid,at or before the ensealing and delivery of these presents,by CITY OF ATLANTIC BEACH,FLORIDA.,a municipal corporation (“Buyer”), the receipt and suf?ciency of which is hereby acknowledged,has bargained and sold,and by these presents does grant,bargain,sell,convey,set over,transfer,assign and deliver unto the Buyer,its successors and assigns,the following: (a)All of Seller’s right,title and interest in and to all ?xtures and equipment attached to or located on and used in connection with the operation of the parcel of land attached hereto (the “Land”)and the buildings and improvements erected thereon (the foregoing, collectively with the Land is herein,the “Premises”),including all ?xtures,appliances,furniture, furnishings,equipment,machinery,signage and lighting systems ((including all communication related equipment integral to the operation of the Premises or utilized as an amenity in the Premises),plumbing,air conditioning,heating ventilating,mechanical,electrical and other utility systems,parking and all related amenities,window coverings,shades,screens,awnings,shutters, hot water heaters,appliances,carpeting and other coverings,mantels,fences,gates,trees,shrubs, if any,owned by Seller and installed,located or situated on or used in connection with the operation and maintenance of the Premises,which is being conveyed simultaneously with the conveyance by Seller to Buyer of all its right,title and interest in and to the Premises by a Deed of even date herewith; (b)All of Seller’s right,title and interest in and to all those permits,licenses, certi?cates,approvals,authorizations,variances and consents (including any and all presently pending applications therefor)affecting the Land and the buildings and improvements thereon issued to Seller or to its predecessors in interest in the Premises as holder,claimant,licensee, successor in interest,applicant and/or owner or lessor of the Premises,by any and all federal,state, county,municipal and local governments,and all departments,commissions,boards,bureaus and of?ces thereof,having or claiming jurisdiction over the Premises,whether or not the same may presently be in full force and effect,all to the extent that Seller may lawfully transfer the same to Buyer; (0)all of Seller’s right,title and interest in and to all intangible assets relating to the Premises,including all of Seller’s right,title and interest,if any,in (a)all licenses,permits and approvals relating to the Premises,(b)the right to use the name of the Premises,if any,in connection with the Premises;and all logos and tradenames relating to the Premises,and (c)all contract rights,((1)all plans and speci?cations relating to the Premises. E1n1<££4 n1 Agenda Item #8.C. 13 May 2024 Page 70 of 199 _H I . I I -I -I‘'' -,:H 'u I I I I‘I 'I -I ‘I u :[I f I A u (d)All of Seller’s right,title and interest in and to all unexpired warranties and guaranties affecting the Premises,all to the extent that Seller may lawfully transfer the same to Buyer (it being agreed that nothing in this Section (d)shall be construed to affect Seller’rights under such warranties and guaranties with respect to periods prior to the date hereof);and (6)All of Seller’s right,title and interest in and to all appraisals,surveys, architectural and/0r engineering renderings,plans and speci?cations,soils and other geological reports and studies,and all other reports,studies and other information relatingin any way to development and/or use of the Premises. (i)All of Seller’s right,title and interest in and to any and all subsurface and/or other mineral rights for the Premises. To have and to hold the same unto Buyer,its successors and assigns forever. [The remainder this page has been intentionally leftblank.] (anamztm . Agenda Item #8.C. 13 May 2024 Page 71 of 199 IN WITNESS WHEREOF,this Bill of Sale has been duly signed and sealed by the Seller as of the date ?rst set forth above. BUYER: SELLER: HOOSE HOMES AND INVESTMENTS,LLC,a Flon'da limited liability company Donna Battle,City Clerk {and czcn . Name: Title: Date: CITY OF ATLANTIC BEACH,FLORIDA,a municipal corporation Name: Title: Date: Attest: Agenda Item #8.C. 13 May 2024 Page 72 of 199 Exhibit A “Land” tanacczA Agenda Item #8.C. 13 May 2024 Page 73 of 199 Ol“m???INTER!"""1£1139ommnbunemmH as:5:st 5:s:s:0 st 5!st s:5:s: EczEEoo Lam:90 $5 ucm.EoEnEcou 3.2.3558 0 .mwm:.552 .05 .5530 ME:.Em 5858 Ex mod mod 5.0 o _E mod Ed 0www. to?!-u rz'aimry'bs BD'I'ZFrancisAva 656$...69““WW MN”. SI 1/" STUD 99‘09 qm_>__m>:n_ 5Z1 5?! ?2 11one“:m s s.. o y z W JV 7. avg .33 mmwa N .NM “Nah BEH. OS Cabana!6°.mm.ll'°9,.mmllp¢a.hmm.h~.lh.hul¢l.8,?hiLnwanna86m {MAKE UmacoEEEumnccEE_w umSEE—Em a:953mm0mmmmminwd~mmmmhmmeanS...«6:va? mmmd mHaH new" m3: OS .2!3...:<2 on.N MMH mwow.2 52m.)—E ras h?homm? 1"er- 9.6-.23 0:58'mm”: 3‘:NH..H‘HH H‘s:NM?WH Bl 5'£91K DD .hm 5oT? SE! 5'29 Omm? Agenda Item #8.C.13 May 2024 Page 74 of 199 Recent COAB Purchase Property St Parcels in Relation to COAB Parcels TER STbeEAQi ecent AB urchase COAB Agenda Item #8.C. 13 May 2024 Page 75 of 199 ESEEZE’EEESEti?mmMEMQDRAND UMAtlanticBeach,FL 32233 904-247-5874 To:Shane Corbin From:Steve Swann,PE CC:Kevin Hogencamp Amanda Askew Date:January 31,2023 Re:JWB Property on Dora Drive —Potential Use for Storrnwater MitigationPark The attached map depicts a 2.2 acre parcel of undeveloped land at the end of Dora Drive just west of Francis Avenue currently zoned for 40 multi-family units.This property is owned by JWB Real Estate (Hoose Homes)and is currently for sale.I let Alex Sifakis of JWB know that the City might have some interest in the property for a park/stormwater pond.We do not know what the appraised value is,but he understands that the City cannot pay over appraised value and indicated he is looking for a sale price of $1 .2M. Given the drainage issues in this area (bounded by Stanley Rd,Mayport Rd,Dutton Island Road and Francis Avenue)and following your direction to vet this property as a potential purchase,we engaged Jones-Edmunds to analyze the benefits of using this property for stormwater mitigation.Jones-Edmunds prepared the attached analysis which includes the benefits and potential construction costs for two options. If you recall,the drainage ditch serving this drainage basin starts at Dutton Island Road and runs through city-owned property (see attached)and enters a culvert at Stanley Road.The culvert drains to the Donner Road storm sewer system.The problems are that this culvert is undersized and there is limited storage in the drainage basin to protect against ?ooding. We have a grant-funded design project we are kicking off to upsize the Stanley Rd culvert from 15"to 36".That project alone is not a 100%solution to the drainage problem and enlarging the culvert to 36”is extremely expensive and construction will be difficult given the extremely narrow right of way in this area.The projected rough order of magnitude construction cost for the 36" culvert is $875,000. We analyzed two alternatives using the JWB property for increased stormwater storage.The first alternative is construct a large standalone stormwater pond without completing the Stanley Rd culvert project.The second alternative includes a smaller stormwater pond (leaving room for some park amenities and a multiuse path,see attached map)along with enlarging the culvert to a cheaper and easier to construct 24”pipe. >59 Agenda Item #8.C. 13 May 2024 Page 76 of 199 Memo to Shane Corbin January 31,2023 Page 2 __10-Yr Storm 25-Yr Storm ProlectAlternative Water Level Difference Water Level Difference FT The following is a summary of the alternatives analyzed: Alternative 1 Enlarge the Stanley Rd culvert to 36"between Stanley Rd and Donner Rd Alternative 2 Utilize 1.7 Ac (out of 2.2 Ac)of the JWB property as a stormwater pond without upsizing the Stanley Road culvert. Alternative 3 —Utilize 1.4 Ac of the JWB property as a stormwater pond,leaving some room for park amenities and upsizing the Stanley Road culvert to 24”(much easier and cheaper to install than a 36"culvert). For drainage improvement analysis,both Alternative 2 and Alternative 3 include an option to pump the pond down pre-storm event,similar to Aquatic Gardens Pond.A comparison of stage reduction predicted for each alternative during a 10—yearstorm and a 24—stormare provided in the table below. Comparison of Alternatives with Respect to Stage Reduction Existing Conditions 10.98 11.13 Alternative 1 36”Pipe 10.45 0.53 10.98 0.15 No Pumping 10.83 0.15 11.01 0.12 Alternative 2 1.7 Ac Pond Pre—Storm Pumping 10.53 0.45 10.91 0.22 Alternative 3 No Pumping 10.18 0.80 10.88 0.25 1.4 Ac Pond,24" Pipe Pre-Storm Pumping 9.40 10.57 The results of the analysis indicate that constructing a stormwater pond on the JWB property will provide appreciable ?ood reduction benefits,particularly during smaller,more frequent storm events. Combining the proposed pond on the JWB property with increasing the size of the Stanley Road culvert to 24”(Alternative 3)and/or pre-storm pond drawdown pumping will provide significant additional flood protection during larger,less frequent storm events. 1.58 0.56 Agenda Item #8.C. 13 May 2024 Page 77 of 199 Memo to Shane Corbin January 31,2023 Page 3 The following are rough order of magnitude costs for the alternatives.AIIconstruction costs include a 30%contingency.Property acquisition cost includes $100K in due diligence &closing COStS. Alternative 1 —36 ”culvert at Stanley Road Land Acquisition $0 Pond Construction $0 Culvert Expansion $875,000 HMGP Culvert Reimb.*788 000 Total Cost $87,000 Alternative 2 —1.7 Ac pond,no culvert improvements Land Acquisition $1,300,000 Pond Construction $1,619,000 Culvert Ex ansion 0 Total Cost $2,919,000 Alternative 3 —1.4 Ac pond w/2 "culvert at Stanley Road Land Acquisition $1,300,000 Pond Construction $1,550,000 Culvert Expansion $647,000 HMGP Culvert Reimb.*582 000 Total Cost $2,915,000 *90%construction cost reimbursement potentially from a FEMA HMGP grant The results of the analysis indicate Alternative 1,expanding the drainage culvert between Stanley Rd and Donner Rd,does not provide the best benefit with respect to water level reduction during either a 10-year or 25-year storm event.Alternative 1 cannot be constructed until the Aquatic Gardens project is completed. Alternative 3 clearly provides the most bene?t with respect to flood protection.This alternative provides fora reduction in water levels of 1.58 FT during a 10-year storm event and 0.56 FT during a 25-year storm event.Alternative 3 can likely be constructed prior to completion of the Aquatic Gardens project. If there is desire to create additional park space,Alternative 3 is the best long term option for improving drainage in this area.Staff could pursue modifications to our HMGP grant for the Stanley Rd culvert to help defray pond constructioncost. Recall that the City owns all of the parcels along the drainage ditch from the JWB property to Dutton Island Rd (see attached map).These parcels could provide additional stormwater storage and stage reduction in conjunction with a stormwater pond on the JWB property SCS/s Attachments:JWB Dora Drive Property Map Potential Multiuse Path Map Stormwater Analysis —Jones-Edmunds 01-18-23 Agenda Item #8.C. 13 May 2024 Page 78 of 199 AND _RDas; ecent COAB 1”urchase Property ORDAN JWB Property in Relation to COAB Parcels ece COAB urchase COAB Agenda Item #8.C. 13 May 2024 Page 79 of 199 RD EAST Existing ’rainage Ditch Existing Sidewalk 1"“5 LE 5 Jordan Park Potential New Multiuse Path Island Road Potential New Multiuse Path Existing Sidewalk Agenda Item #8.C. 13 May 2024 Page 80 of 199 onesEdmund?TECHNICAL MEMORANDUM 1 BACKGROUND #1:STORMWATERPOND ON VACANT DORA DRIVE PARCEL Dora Drive and Stanley Road Drainage Improvements To:Steve Swann,PE FROM:Jarrod Hirneise,PE;Bruce Myhre,PhD,PE DATE:January 26,2023 SUBJECT:Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Jones Edmunds Project No.20475-005-01 The City of Atlantic Beach experiences flooding in the low-lying areas adjacent to Stanley Road,Dora Drive,and Simmons Road,referred to as the Stanley Road Drainage Prob/em Area.Following intense rainfall events,the City experiences flooding of roadways,yards, and private structures in this area.This area was identi?ed and evaluated as part of the City’s Stormwater Master Plan Update,which was completed by Jones Edmunds in November 2018.Preliminary evaluated options to reduce flooding in this area included adding storage for stormwater on the vacant parcels at the end of Dora Drive and improving the outfall conveyance capacity from the Stanley Road Drainage Problem Area.The parcels at the end of Dora Drive are currently for sale.The City would like to further evaluate options and quantify the benefits of adding stormwater storage capacity on the vacant parcels and/or improving outfall conveyance capacity to determine if purchasing the parcels is worthwhile.Figure 1 shows the locations of the vacant parcels on Dora Drive and summarizes existing drainage conditions in the Stanley Road Drainage Problem Area. City staff requested that Jones Edmunds use the City’s hydrologic and hydraulic (H&H) model that was developed for the Stormwater Master Plan Update to evaluate flood reduction benefits of two improvement options for the Stanley Road Drainage Problem Area. Option #1 includes an approximately 1.7-acre stormwater pond on the vacant Dora Drive parcels to provide stormwater attenuation.This option provides the maximum amount of storage available on the parcels and would not provide a parking area if the City turns this area into a park amenity.Improvements to the Stanley Road outfall pipe were not included in this option.Figure 2 summarizes the improvements for this option.The pond was assumed to tie into the bottom of the existing drainage ditch to allow stormwater to flow freely into and out of the pond. 08505-011-01 1 January 2023 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis 2 MODELED IMPROVEMENT OPTIONS Agenda Item #8.C. 13 May 2024 Page 81 of 199 Figure 1 Dora Drive Parcels Location and Existing Drainage Conditions nmcnr;325;.F,Fest.:23Snufrnm91526xkhLivcz¥na=cr?.13$295:80>20 Easéa?hsn?é 5r =.L£;.:F:é Legend Vacant Dora Dr.Parcels Existing Pipe Existing lnlet/Manhole/Headwall 2 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis 1: Proposed Dora Drive Pond Vacant Dora Dr.Parcels Existing Pipe Existing InleUManhole/Headwall Pipe Connection 08505-011-01 January 2023 Legend 250 500 Figure 2 Option #1 Improvements Feet Stanley Road Drainage Problem Area Existing 15-inch Outfal!Pipe Agenda Item #8.C. 13 May 2024 Page 82 of 199 2.2 OPTION #2:STORMWATER POND ON VACANT DORA DRIVE PARCEL SWITHSTANLEYROADOUTFALLPIPEIMPROVEMENTS Figure 3 Option #2 Improvements Option #2 includes an approximately 1.4—acre stormwater pond on the vacant Dora Drive parcels and increasing the Stanley Road outfall pipe from a 15-inch pipe to a 24-inch pipe. In this scenario,the stormwater pond footprint was reduced to provide a parking area on the south side of Dora Drive if the City turns this area into a park amenity.The pond was assumed to tie into the bottom of the existing drainage ditch to allow stormwater to ?ow freely into and out of the pond. The recommended improvement alternative for this area from the Stormwater Master Plan Update included increasing the size of the Stanley Road outfall pipe.The City applied for design and construction funding from the Federal Emergency Management Agency (FEMA) to implement the Stanley Road outfall improvement and was recently awarded funding for the design.This option demonstrates the benefits if the outfall pipe improvements were constructed together with the stormwater pond at the Dora Drive parcels.Figure 3 summarizes the improvements for this option. 08505-011-01 3 January 2023 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Legend Proposed Dora Drive Pond Vacant Dora Dr.Parcels Existing Pipe Existing lnlet/Manhole/Headwall Potentia arking Area ~850 LF of 24-inch Pipe Agenda Item #8.C. 13 May 2024 Page 83 of 199 Table 1 Option #1 Existing versus Proposed Peak Stage Comparison 3 MODEL RESULTS AND INUNDATION MAPPING Between Dora Drive and Simmons Road 11.04 10.83 —0.21 10.54 -0.5 Between Jackson Road and Dora Drive 10.98 10.83 —0.15 10.53 -0.45 Between Dora Drive and Simmons Road 10.61 9.91 -0.7 8.82 -1.79 Between Jackson Road and Dora Drive 10.61 9.91 —0.7 8.79 — 08505-011-01 4 January 2023 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Between Dora Drive and Simmons Road 11.39 11.1 -O.29 10.93 -0.46 Jones Edmunds used the City's H&H model to simulate the mean-annual,10-,and 25—year/24-hour design storm events for both options to determine the flood reduction benefits.Scenarios were also run to determine the flood—reduction benefits if the City pumped down the proposed stormwater pond before large forecast storms,similar to the City pumping down the Aquatic Drive stormwater pond.The pumped scenario assumed that the pond was pumped to half full (elevation 4 feet North American Vertical Datum of 1988 [NAVD88]).Tables 1 and 2 summarize the existing and proposed modeled peak stages for Option #1 and Option #2 with and without pre—storm pond pumping. Mean Annual (5 inches of Rainfall) _Proposed Proposed Location Existing (No Pre-Diff (With Pre—DiffConditionsStormStorm Drawdown)Drawdown) Between Simmons Road and Dutton Island 10 52 9 92 -0 7 8 83 _1 79 Road ''''' 10—Year (7.3 inches of Rainfall) _Proposed Proposed Locatlon Existing (No Pre-Diff (With Pre-DiffConditionsStormStorm Drawdown)Drawdown) Between Simmons Road and Dutton Island 11 O4 10 84 _0 2 10 54 _0 5Road..... 25-Year (9.2 inches of Rainfall) _Proposed Proposed Location Existing (No Pre-Diff (With Pre-DiffConditionsStormStorm Drawdown)Drawdown) Between Simmons Road and Dutton Island 11 39 11 1 -O 29 10 93 _0 46Road Between Jackson Road and Dora Drive 11.13 11.01 -0.12 10.91 -0.22 Agenda Item #8.C. 13 May 2024 Page 84 of 199 Table 2 Option #2 Existing versus Proposed Peak Stage Comparison Between Jackson Road and Dora Drive 10.98 10.18 -0.8 9.4 -1.58 Between Dora Drive and Simmons Road 10.61 9.05 -1.56 8.14 -2.47 Between Jackson Road and Dora Drive 10.61 8.91 -1.7 8.16 -2.45 Between Dora Drive and Simmons Road 11.39 10.98 -0.41 10.65 -0.74 Between Jackson Road and Dora Drive 11.13 10.88 -O.25 10.57 -0.56 Between Dora Drive and Simmons Road 11.04 10.24 -O.8 9.47 -1.57 Mean Annual (5 inches of Rainfall) _Proposed Proposed Location Existing (No Pre-Diff (With Pre-DiffConditionsStormStorm Drawdown)Drawdown) Between Simmons Road and Dutton Island 10.62 9.1 _1_52 8.83 _1'79 Road 10-Year (7.3 inches of Rainfall) _Proposed Proposed Location Existing (No Pre-Diff (With Pre-DiffConditionsStormStorm Drawdown)Drawdown) Between Simmons Road and Dutton Island 11 04 10 32 _0 72 9 62 _1 42Road''''' 25-Year (9.2 inches of Rainfall) .Proposed Proposed Location Existing (No Pre-Diff (With Pre-DiffConditionsStormStorm Drawdown)Drawdown) Between Simmons Road and Dutton Island 11 39 10 98 -O 41 10 65 _0 74Road Jones Edmunds plotted existing and proposed inundation extents based on modeled peak water—surface elevations.Figures 4 through 9 show existing versus proposed inundation with and without pre-storm pumping for the mean-annual,10-,and 25—year/24-hour events. 5 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis 08505-011-01 January 2023 Agenda Item #8.C. 13 May 2024 Page 85 of 199 Figure 4 Option#1:Mean—Annual/24-Hour Inundation Comparison Legend Option #1 No Pre-Storm Pumping Option #1 With Pre-Storm Pumping Existing Conditions Mean—AnnualInundation Proposed Dora Dn've Pond Legend Option #1 With Pre-Storm Pumping Option #1 No Pre-Storm Pumping Existing Conditions 10-Year Inundation Proposed Dora Drive Pond 200 40 6 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis 1:4 08505-011-01 January 2023 Figure 5 Option#1:10-Year/24-Hour Inundation Comparison FF CC.if Agenda Item #8.C. 13 May 2024 Page 86 of 199 Figure 6 Option#1:25-Year/24-Hour Inundation Comparison Legend Option #1 With Pre-Storm Pumping Option #1 No Pre-Storm Pumping Existing Conditions '25—YearInundation Proposed Dora Drive Pond Feet Legend Option #2 With Pre-Storm Pumping Option #2 No Pre-Storm Pumping Existing Conditions Mean—Annuallnundation Proposed Dora Drive Pond 7 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Proposed 24"Outfall Pipe 08505-011-01 January 2023 Feet Figure 7 Option#2:Mean-Annual/24—Hour Inundation Comparison “muTtrFm .E 61.53.;2.?15.3%, 114,800 Agenda Item #8.C. 13 May 2024 Page 87 of 199 Figure 8 Option#2:10-Year/24-Hour Inundation Comparison Legend Option #2 With Pre-Storm Pumping Option #2 No Pre-Storm Pumping Proposed Dora Drive Pond Existing Conditions 10-Year Inundation Legend Option #2 With Pre-Storm Pumping Option #2 No Pre—Stom'iPumping Existing Conditions 25-Year inundation Proposed Dora Drive Pond 08505-011-01 3 January 2023 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Proposed 24"Outfall Pipe 1:4,800 Feet Figure 9 Option#2:25-Year/24—Hour Inundation Comparison re.a?raw...:trusrikhli? 1:4,800 Feet Proposed 24"Outfall Pipe Agenda Item #8.C. 13 May 2024 Page 88 of 199 Table 3 Option #1 EOPC 4 ENGINEERS OPINION OF PROBABLE COST Pond Construction A conceptual—level Engineer’s Opinion of Probable Cost (EOPC)was developed for both options.The EOPCs include engineering,data collection,and construction cost estimates for each improvement option.The estimates are considered American Society for Testing and Materials (ASTM)Class 4 estimates,which are used when the project de?nition is 1 to 15 percent.These are budgetary estimates with an expected accuracy range of -30 to +50 percent.Unit costs were estimated based on the Florida Department of Transportation’s historical cost data and recently bid local projects.A 40-percent construction contingency was added to account for construction cost variability and project unknowns.Tables 3 and 4 provide the detailed EOPCs for the options.Property acquisition cost is not included in the cost estimates. Item Description Unit Quantity Unit Price Cost Mobilization (10%)LS 1 $90,000 $90,000 Maintenance of Traf?c (1%)L5 1 $9,000 $9,000 Prevention,Control,And Abatement of Erosion and Water Pollution (5%)L5 1 $45’000 $45’000 Clearing and Grubbing AC 2.0 $40,000 $80,000 Pond Excavation CY 15,000 $40 $600,000 Pond Sod SY 5,000 $4.00 $20,000 Miscellaneous Pipes and Structures EA 1 $200,000 $200,000 Contingency Amount (30%)L5 1 $313,200 $313,200 (Dzegggn/Permlttmg/DataCollectlonL5 1 $261,000 $261,000 TOTAL $1,619,000 08505-011-01 9 January 2023 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Overall Items Agenda Item #8.C. 13 May 2024 Page 89 of 199 Table 4 Option #2 EOPC CONCLUSION Item Description Mobilization (10%) Maintenance 0f Traf?c (1%) Prevention,Control,And Abatement Of Erosion And Water Pollution (5%) Clearing and Grubbing Pond Excavation Pond Sod Misc.Pipes and Structures Removal of Existing Pavement/Sidewalk Removal of Existing Storm Pipe Clearing and Grubbing Manhole,Type-P <10 feet Pipe Culvert,24 inches Mitered End Section,24 inches Type C Dbi,J-Bot,<10 feet Type B Stabilization Optional Base Group 9 (lo-inch Limerock) (LBR 100) Superpave Asphalt Concrete (Traf?c C) 6-inch Concrete Driveway Temporary Flow Bypass Sodding Contingency Amount (30%) Design/Permitting/Data Collection (25%) Unit LS LS LS AC CY SY EA SY LF AC EA LF EA EA SY SY TN SY LS SY LS LS Quantity 1 1 1 2.0 14,000 5,000 200 550 0.5 850 200 200 22 25 1,050 Unit Price $128,090 $12,199 $60,995 $40,000 $40 $4.00 $200,000 $30 $75 $40,000 $8,000 $250 $3,500 $8,000 $10 $25 $165 $65 $20,000 $4 $426,360 $355,300 TOTAL Cost $128,100 $12,200 $61,000 $80,000 $560,000 $20,000 $200,000 $6,000 $41,300 $20,000 $8,000 $212,500 $3,500 $32,000 $2,000 $5,000 $3,700 $1,700 $20,000 $4,200 $426,400 $355,300 $2,203,000 Based on the results of this analysis,constructing a stormwater pond on the vacant Dora Drive parcels will provide appreciable flood reduction bene?ts in the Stanley Road Drainage Prob/em Area,particularly during smaller,more frequent storm events.Combining the proposed pond at Dora Drive with increasing the size of the Stanley Road outfall pipe and/or pre-storm pond drawdown pumping will provide signi?cant additional flood protection during larger,less frequent storm events. 08505-011-01 January 2023 10 Summary of Dora Drive and Stanley Road Drainage Improvement Analysis Overall Items Pond Construction Stanley Road Outfall Culvert Replacement Agenda Item #8.C. 13 May 2024 Page 90 of 199 EaEtmnmnEcm 52.5Eon wEmEmmmcmS.$538;on v.35m:_v_n_o_._ £8 9 __a< m:_m Agenda Item #8.C.13 May 2024 Page 91 of 199 summmwcahmz3 32m2E3?Etc:m>>o_u_- £388£52 235 - mmhu<Ommz- 5£2238E toga:- 32muzcmz<3 um 9:22c0530 ”6 5:02 - :_mmm_mmm:_a Agenda Item #8.C.13 May 2024 Page 92 of 199 5.4;8m2:.ISE:832228253.2 umEonEmuwwaémwa343sz 5 RD UFZa?hd Agenda Item #8.C.13 May 2024 Page 93 of 199 mmb<NdI>twaoipmEon mac: $95:1 950 Emumm Agenda Item #8.C.13 May 2024 Page 94 of 199 En.2 5r «$0 ina?cnnga:35 2.123.221 w...“:2 tin: EnEmeEm9&1.mwngamw .E...Eés?gg ,x...,.u....x...54.“?rhyfh?uh $me33.3,>w§m§3 ?5.2C3:;F:E“: :08.n 35:33.;m 5” I);,n mm.a...“ £563 5:; at 3:.on .1; u...1.l“1.I-.1“.3.I,J1»u.a . .U.‘ l.‘ c .2.H"‘m (A ll Eme v Eco gym.” 363%?ne; .m£559,232 5220235 ”award“3:.A$533.. moadmww3 $30 .w?u ?cmz?waac;“6230335 a?«3:»?£53 I....4 .51._r..v "val.50H m n.u -.zaj?-_... .ul 5..arm mfuaopansrq335: EggEmEmmmcmE >>mmam:5 $3.8:- 5meE 38.85 nmccmEw2253::- 388$ 5% In .uur1‘-n.u.: n A }.I . (1.21.;Tt w\.. E "‘2 x yams;o Agenda Item #8.C.13 May 2024 Page 95 of 199 8&3...“on“.com =m3vmm$2occm2>25 mcs?xm 3E 953m 208mm .5 Son Emom> ccomm>to $00 @3805 520mm;HmouUc?+cozuzbmcou-Congoncomu<<4Ipm$00 m9<Euc?oa MAIL V3 oQE cocIuN *0 ..u_._0mm Agenda Item #8.C.13 May 2024 Page 96 of 199 1:253”.fan. >m Em £5 t m_m.95”53tau:3 m ._mm_m8_o_m.E 33:5SEE“mateE.323£5:053.03 mI amSoc .6me5333.523an :3 .53 mHHm 6380.?3:30:Eu:3::. ___ mam—EmcmEmuurns: mum3:mbQImacmEgoEE.mmmEEn.3..595 .3£5tmumo...:m?mn.I=393 mcmEmwu=m=c< Emtat3I _u_...m:_o< Agenda Item #8.C.13 May 2024 Page 97 of 199 Page 98 of 199 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.24-26 authorizing the City to enter into an agreement with BS&A SoftwareLLC to a provide an Enterprise Resource Planning software solution and associated services to the City. SUBMITTED BY:Kevin Hogencamp,Deputy City Manager /Ron Bautista,Information Technology Director TODAY’S DATE:May 2,2024 MEETING DATE:May 13,2024 BACKGROUND:Modernizing the City’s enterprise resource planning solution increases ef?ciency and improve decision-making by streamlining essential work?ows and sharing data across departments like ?nance and procurement,human resources,and planning and building,reducing manual tasks and saving time. In 2018,the City advertised RFP 18-01 to replace its Enterprise Resource Flaming (ERP)software solution system;three companies responded.Shortly thereafter,the City determined that it would be in its best interest to postpone this project.In 2023,due to the project delay and after carefully reviewing proposals by BS&A So?ware LLC and Tyler Technologies,the City published a notice of intent to enter into a contract with BS&A,and received no objection. The City budgeted Fiscal Year 2023-24 for this project.While this agreement represents the bulk of the project’s cost,and includes training and Year 1 of the annual fee,additional costs will be incurred before kicking off the project,including professional services and customization for implementation. Indeed,the City has an active request-for-proposals for a consultant’s assistance with the implementation process,data migration and customization. BUDGET:The City has $625,000 budgeted in FY 2023-24 (Account No.300-1009- 519-34-00)for this project. RECOMMENDATION:Approve Resolution No.24-26 authorizing the City to enter into an agreement with BS&A Software LLC to a provide an Enterprise Resource Flaming software solution and associated services to the City ATTACHMENT(S):1.Resolution No.24-26 2.BS&A proposal 3.BS&A agreement REVIEWED BY CITY MANAGER: Agenda Item #8.D. 13 May 2024 Page 99 of 199 [4 II n fl III I I .-I.I -I 'I: .I .II I :I In H ... 'l \i RESOLUTION NO.24-26 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH BS&A SOFTWARE LLC TO PROVIDE AN ENTERPRISE RESOURCE PLANNING SOFTWARE SOLUTION AND ASSOCIATED SERVICES TO THE CITY FOR THE AMOUNT OF $326,840;AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;PROVIDING FOR CONFLICTS;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,in 2018,the City advertised RFP 18-01 to replace its Enterprise Resource Planning (ERP)software solution,and three companies responded;and WHEREAS,modernizing the City’s enterprise resource planning solution increases ef?ciency and improve decision-making by streamlining essential work?ows and sharing data across departments like ?nance and procurement,human resources,and planning and building, reducing manual tasks and saving time;and WHEREAS,in 2023,due to the project delay and after carefully reviewing proposals by the highest-ranking respondents,the City published a notice of intent to enter into a contract with BS&A Software LLC,and received no objection;and WHEREAS,the City budgeted $625,000 (Account No.300-1009—519-34-00)in Fiscal Year 2023-24 for this project;and WHEREAS,the City desires to enter into an agreement with BS&A Software LLC to provide an Enterprise Resource Flaming software solution and associated services to the City for the amount of $326,840;and WHEREAS,while the BS&A agreement represents the bulk of the project’s cost,and includes training and Year 1 of the annual fee,additional costs will be incurred before kicking off the project,including professional services and customization for implementation. NOW,THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1.The City Commission hereby authorizes the execution of an agreement with BS&A Software LLC to provide an Enterprise Resource Flaming software solution and associated services for the amount of $326,840. Section 2.The City Commission hereby authorizes the use of budgeted Fiscal Year 2023-24 funds for this purpose. Resolution No.24-26Page1of2 Agenda Item #8.D. 13 May 2024 Page 100 of 199 Section 3.The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution. Section 4.All Resolutions or parts of Resolutions in con?ict herewith are hereby repealed to the extent of such con?ict. Section 5.This Resolution shall become effective upon passage an adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,this 13t hdayofMay2024. Donna L.Bartle,City Clerk Approved as to form and correctness: Resolution No.24-26Page2of2 Jason Gabriel,City Attorney Curtis Ford,Mayor Attest: Agenda Item #8.D. 13 May 2024 Page 101 of 199 ”@S&? Proposal for: City of Atlantic Beach,Duval County F LJanuary8,2024 Quoted by:Steve Rennell Thank you for the opportunity to quote our softwareand services. At B$&A,we are focusedon delivering unparalleled service,solutions,support,and customer satisfaction.You’ll see this in our literature,but it’s not just a marketing strategy...it’s a mindset deeply embedded in our DNA.Our goal is to provide such remarkable customer service that our customers feelcompelled to remark about it. We are extremely proud of the many long—termcustomer relationships we have built.Our success is directly correlated with putting the customer firstand consistently choosing to listen.Delivering unparalleled customer service is the foundationof our company. BS&ASoftware 14965 Abbey Lane Bath MI 48808 (855)BSA-SOFT /fax (517)641-8960 bsasoftware.com Software and Services for BS8LACloud Agenda Item #8.D. 13 May 2024 Page 102 of 199 Cost Summary Softwareis licensed foruse only by municipality identi?edon the cover page.Ifused foradditional entities or agencies, please contact B$&A forappropriate pricing.Prices subject to change if the actual count is significantly differentthan the estimated count. Cloud Modules $4,225 $3,435 $3.865 $3,180 $3,095 $3.350 $3,435 $10,560 $5.725 $3.965 $2,600 $5,925 $3,265 City of Atlantic Beach,Duval County FL|January 8.2024 SOFTWARE Steve Rennell.Account Executive |(855)272-7638 | Page 2 of9 Prices good for a period of 120 days from date on proposal Subtotal $61,285 Financial Management General Ledger Accounts Payable Cash Receipting Accounts Receivables Fixed Assets Purchase Order Work Orders Utility Billing(approximately 8,800 utility accounts) Personnel Management Payroll Human Resources Timesheets Community Development Building Department Business License BSSLAOnline Community Development $2,875 Permit Application Feature -Enables contractors and the general public to submit permit applications online (A feeof$3/application is accumulated and billed to the municipality). Public Records Search +Online BillPay $1,785 With use ofintegrated Credit Card Processor BS8:A srennel I@bsasof'tware.com Agenda Item #8.D. 13 May 2024 Page 103 of 199 Custom import from third-party software to populate Building Department database with parcels,properties,and $1,500 current owners. Data Conversions/Database Setup Convert existing H.T.E.data to BS&A format: General Ledger (COA,Balances,Budget,Up to 10 Years Journal Transaction history)$4,055 Accounts Payable (Vendors,Up to 10 years invoices and check history)$3,470 Cash Receipting (Receipt items,Up to 10 years receipt history)$3,595 Payroll (Database Setup,Employee detail and YTD,Up to 10 years check history)$8,645 Fixed Assets (Asset Information)$3,375 Purchase Order (Historical completed purchase orders)$4,190 Utility Billing(Accounts,Services,Deposits,Rates,Meters;Up to 10 Years of Service,Billing8LPayment History)$15,000 Convert existing Tracklt data to BSBLAformat: Building Department (per database)$9,420 Business License (per database)$5,845 Database Setup: Human Resources (Setup of Licenses,Certifications,Benefit Plans,Positions.Not assigned to Employees)33- 300 Accounts Receivables (Customers,Invoice and Receipt History,if available)$1,650 Work Orders (Setup of Work Order Types,Facilities,Assets,Equipment,Materials,Workers (if not using Employees $2,200 as Workers» Subtotal $64,745 No conversion or database setup to be performed for: Timesheets SOFTWARE Page 3 of9 Prices good for a period of 120 days from date on proposal City of Atlantic Beach,Duval County FL|January 8.2024 Steve Rennell,Account Executive |(855)272-7638 | Project Management and Implementation Planning Services include: Analyzing customer processes to ensure all critical components are addressed. —Creating and managing the project schedule in accordance with the customer's existing processes and needs. —Planning and scheduling training around any planned process changes included in the project plan. —Modi?/ing the project schedule as needed to accommodate any changes to the scope and requirements ofthe project that are discovered. Providing a central contact between the customer's project leaders,developers,trainers,ITstaff,conversion staff,and other resources required throughout the transition period. —Installing the softwareand providing IT consultation fornetwork,server,and workstation configuration and requirements. —Reviewing and addressing the speci?cations forneeded customizations to meet customer needs (when applicable). $34,550 BS8:A srennell bsasoftware.com Custom Import Agenda Item #8.D. 13 May 2024 Page 104 of 199 Post-Go Live Assistance Review and consult on streamlining day-to-day activities as they relate to the processes within the 3584Amodules Assist customers with more detailed and advanced report options available within the B$&A modules Revisit commonly-used procedures discussed during training As needs arise,provide assistance with bank reconciliations $1,700/day Days quoted are estimates;you are billed foractual days used Post—GoLive for Assistance for all modules proposed 4 Post-Go Live Assistance for UtilityBilling 4 8 Subtotal Implementation and Training 1?1,700/day —Days quoted are estimates;you are billed foractual days used Services include: —Setting up users and user security rights for each application —Performing finalprocess and procedure review ~Con?guring custom settings in each application to ?t the needs of the customer Setting up application integration and workflowmethods Onsite veri?cationof converted data forbalancing and auditing purposes —Training and Go-Live Software Setup Financial Management Modules Personnel Management Modules Community Development Modules Days: Days: Days: Days: Total: 32 16 19 74 Subtotal $7,700 $35,200 $17,600 $20,900 $81 .400 $15,000 City of Atlantic Beach,Duval County FL |January 8.2024 SOFTWARE Steve Rennell,Account Executive |(855)272-7638 | Page 4 of9 Prices good for a period of 120 days fromdate on proposal Recommended Contingency This is a contingency to be used if the city decides to export work orders from8581A to CityWorks and/or import results. srennelngbsasoftwareLom BS8:A $4,400 $4,400 $8.800 Days: Days: Total: Contingency Agenda Item #8.D. 13 May 2024 Page 105 of 199 Cost Totals $61,285 $64,745 $1,500 $34,550 $81,400 $8,800 $1 5,000 $267,280 $59,560 Modules Data Conversions/DatabaseSetup Custom Import Project Management and Implementation Planning Implementation and Training Post-Go Live Assistance Con?n enc Total Proposed Travel Expenses Payment Schedule 15tPayment:$99,295 to be invoiced upon execution of this agreement. 2ndPayment:$61,285 to be invoiced at activation of customer's site. 3rdPayment:$166,260 to be invoiced upon completion of training. City of Atlantic Beach,Duval County FL|January 8.2024 SOFTWARE Steve Rennell,Account Executive |(855)272—7638| Page 5 of 9 Prices good for a period of 120 days fromdate on proposal BS8: srennell bsasoftware.com Agenda Item #8.D. 13 May 2024 Page 106 of 199 Cloud Annual Service Fees Unlimited support is included in your Annual Service Fee.Service Fees are billed annually.Aftertwo (2)years,BSrSlASoftwarereserves the right to increase the Annual Service Fee by no more than the yearly Consumers Price Index forAll Urban Consumers U.S.city average (CPI—U).” Financial Management General Ledger $4,225 Accounts Payable $3,435 Cash Receipting $3,865 Accounts Receivables $3,180 Fixed Assets $3,095 Purchase Order $3,350 Work Orders $3,435 Utility Billing $10,560 Personnel Management Payroll $5,725 Human Resources $3,965 Timesheets $2,600 Community Development Building Department $5325 Business License $3,265 BS&A Online Community Development $2,875 Public Records Search $1,785 Total Annual Service Fees $61,285 City of Atlantic Beach,Duval County FL |January 8.2024 SOFTWARE Steve Rennell,Account Executive |(855)272-7638 | Page 6 of9 Prices good for a period of 120 days fromdate on proposal srennell bsasoftware.com BS8:A Agenda Item #8.D. 13 May 2024 Page 107 of 199 Program Customization BSBLAstrives to provide a flexible solution that can be tailored to each municipality's needs.However,in some cases,custom work ma yberequired.Typical examples include: a custom payment import/lock box import a custom OCR scan-line -customjournal export to an outside accounting system I custom reports If you require any custom work,please let us know so that we can better understand the scope of your request and include that in a separate proposal. Cash Receipting Hardware Quantity Cost Epson THM-6000V Series Receipt Printer"$925 x __$ APG Series 100Cash Drawer**$250 x _$ Honeywell Hyperion 13009Linear-Imaging Scanner $250 x $ Credit Card Reader (if using Invoice Cloud)$75 x $ City of Atlantic Beach,Duval County FL |January 8.2024 Steve Rennell,Account Executive |(855)272—7638| This will add $to the Total Proposed. *IMPORTANT.The receipt printer must be plugged into the USBport on one workstation (not your server).Thisprinter is not to be shared with other workstations.Ifmore than one workstation will be used forreceipting,please consider purchasing more than one receipt printer Please provide the number of cash drawers that will be hooked up to the printer Note:The availability,model numbers,and pricing for all third party hardware listed above is subject to availability from the manufacturers.In the event that the listed hardware is no longer available at the time of purchase,a comparable replacement will be available,at the then current cost.Returns require pre—approval,and all purchased equipment must be shipped back to BS&A in its original packaging.Returns are subject to a re-stocking fee of $50.00. Additional Training -Building Department Report Designer Most of our Building Department customers heavily use our Report Designer,which is included free with the program.Report Designer Training is not included in the training quoted on this proposal and is hiahlv recommended.You may attend a class at our office in Bath Township,or we can train at your location.Report Designer Training is typically completed in one day. Please check the option you are interested in.Report Designer Training will be scheduled after successful implementation and training of your Building Department software. Classroom training,$205/person/day _On-site training (unlimited attendees),$1,100/day,travel not included SOFTWARE Prices good for a period of 120 days fromdate on proposalPage7of9 388:A srennell@ bsasoftwa re.com Agenda Item #8.D. 13 May 2024 Page 108 of 199 In BS8£A Online Connection Requirements BSSLACloud modules require a high-speed internet connection (cable modem or DSL). Payment Processing Requirements Acceptance of online payments requires a contract with one of BSSLA'sapproved Online Credit Card Processing companies.Please visit for information. City of Atlantic Beach,Duval County FL |January 8.2024 5 °F T w A H 6 Steve Rennell,Account Executive |(855)272-7638I Page 8 of9 Prices good for a period of 120 days fromdate on proposal srennell@bsasoftware.com htt s:www.bsasof‘tware.comsolutions bsaonline ublic-records-search Agenda Item #8.D. 13 May 2024 Page 109 of 199 If any mailing addresses are PO Boxes,please also provide a Street Address for UPS/Overnight mail. If additional contacts need to be submitted,please make a copy of this page. IT Contact SOFTWARE Page 9 of 9 City of Atlantic Beach,Duval County FL |January 8.2024 Steve Rennell,Account Executive |(855)272-7638 | Prices good for a period of 120 days fromdate on proposal srennell@bsasoftware.com Mailing Address City,State,Zip Phone/Emai Name Title Key Contact for Implementation and Project Management Mailing Address City,State,Zip Phone/Emai Name Title Agenda Item #8.D. 13 May 2024 Page 110 of 199 EXHIBITA Payment Terms Customer shall pay BSAwithin thirty (30)days of invoice.Payments not received within fifteen (15)days of the due date shall be subject to a one and one-half percent (1.5%)per month interest charge (or,if lower,the highest amount chargeable at law)assessed against the unpaid balance from the date due until the date payment is received Any amount not subject to good faith dispute and not paid within fifteen (15)days of the due date of each invoice shall,without prejudice to other rights and remedies,be subject to an interest charge equal to the lesser of 1.5%monthly or the maximum interest charge permissible under applicable law,payable on demand. Any charges not disputed by Customer in good faith will be deemed approved and accepted by Customer. For purposes of this Agreement,a good faith dispute regarding amounts owed exists only if Customer provides in writing at least ten (10)days prior to due date of payment on the invoice,notification of such dispute,the specific portion of the invoice in dispute,and the specific grounds of the dispute (which must be asserted in good faith),and Customer pays in timely fashion such portions that are not subject to such dispute. In the event of a phased implementation approach,where different modules are implemented with separate go-live phases,the SaaS fees,Implementation and Training costs and travel expenses shall be invoiced separately for each separate phase of the project. BSA shall invoice Customer $99,295 upon Effective Date for BSA’s Project Management/Implementation Planning Fees and Data Conversion fees as set forth in Schedule 2. BSA shall invoice Customer $61,285 upon activation of Customer’s site for use of the BSASoftware Product(s). Such amount equals BSA’sSaaS Fees as set forth in Schedule 1. BSAshall invoice Customer $166,260 at completion of On-Site Implementation and Training.Such amount equals On-Site Implementation and Training costs,Customization and Interface costs,and travel expenses,as set forth in Schedule 2. Agenda Item #8.D. 13 May 2024 Page 111 of 199 Personnel Management «m ‘. a].a. Genera‘;Ledger Accounts Payable Cash Receipting Accounts Receivables Fixed Assets Purchase Order Work Orders Cloud Modules SaaS Fees Schedule 1 to Exhibit A 561. Community Development $4.225 $3.435 $3.865 $3.180 $3.095 $3.350 $3.435 $10,560 paymgg $5.725 Human Rescurces $3.965 Timeshee’cs $2.600 Building Department $5.925 Business License $3.265 Ca mrnunity Dwelcpment - Permit Application Feature Enables contractors and the general public to submit permit applications online (A feeof Sirapplication is accumulated and billed to the municipality). Public Records Search 4 Online BillPay With use ofintegmted Credit Card Processor Subtotal 1| $1.785 $2.875 358m Online UtilityBiffing(appmxhwarely8,390 utifr‘lyaccounts} aH' Financial Ma nageme nl Agenda Item #8.D. 13 May 2024 Page 112 of 199 :38” I»t‘I 4 SA (A Schedule 2 to Exhibit A Professional Sewices Fees 51.5 Services inrlude: Project Management and Implementation Planning Custom Import No conversion or database setup to be performed for: Timesheet: Convert existing H.T.E.data to 3561A format: General Ledger t’COA,BalancesrBridgett Up :0 10 Years iournal Transaction history:$4,055 Accounts Payable (Vendors,Up to ‘10years invoices and check history)53,470 Cash Receipting (Receipt items,Up to 10 year:receipt history;$3.595 Payroll{Database Setup:Employee detail and YTD,Up to 10 years check history)$8,645 FixedAssets (Asset Information}53,375 Purchase 0rd er (Historical completed purchase orders)$4,190 UtilityBilling(Accounts,Services,Deposits,Rates,Meters:Up to 10 Years of Service,Billing8:Payment History]515.000 Convert existing Tracklt data to ES&A format BuiidingDepartment [per database]59,420 Business License (per database)55,845 Database Sesup: HJU‘Iaf‘.Resources (Setup of Licenses,Ceniiications.Benefit Plans,Positions.No:assigned to Employees}53‘3” Accounts Receivables (Customers,Invoice and ReceiptHistory.if available)$1.650 Work Orders {Setup of Work Order Types,Facilities,Assets,Equipment.Materials,Workers (if not using Employees 52,200 as Workers)J Subtotal $54.745 Custom import from third-party scftwa re to populate Building Department database with parceis,properties,and " current owners. "Wt/,1”1-- Anaiyzing customer processes to ensure ail critical components are addressed. Creating and managing the prqfect schedule in accordance with the customer's existing processes and needs. Manning and scheduling training around any pianned process changes induded in the prqiect plan. Modi?'ing the project scheduie as needed to accommodate any changes to the scope and requirements ofthe project that are discovered. Providing a central contact between the customer‘s project leaders,developers,trainers,IT sta'?iconversion staff and other resources required throughout the transition period. lnstailing the softwareand providing IT consultation fornetwork,server,and workstation con?guration and requirements. Reviewing and addressing the speci?cations forneeded customizations to meet customer needs {when appiicoble). 534. WtR K Data Conversions/Database Setup x ‘ { J mu M Agenda Item #8.D. 13 May 2024 Page 113 of 199 r,w J'*146‘. Services I'm- $7.700 535.200 :1 7.600 320.900 $81.4 I Implementation and Training 515.000 Contingency Post-Ga Live Assistance Thisis a contingencyto be used ifthe city decides :0 export work orders from85804 to Cé‘tyWorks and/or impori resuIts. 5 Il,TOD/day Days quoted are estimates:you are billed foractual days used Setting up users and use:security rights foreach application Pedorming ?nalproeess and procedurereview Con?guring custom settings in each applicationto fit the needs ofthe customer Setting up appdcotionintegration and workfa’owmethods Gnsite veri?cationofconverted data for balancing and auditing purposes Training and Go-Live Software Setup Days: FinancialManagement Modules Days: Personnel Management Modules Days: Community Development Modules Days: Total: 32 16 19 74 Subtota? —Review and consult on streamlining doy—to-dayactivitiesas they relate to the processes within the SSM modules ‘Assistcustomers with more detailed and advanced report options available within the 8582A modules Revisitcommonly-used procedures discussed during training .45 needs arise.provideassistance with bank reconciliation: —s F,FOQ/doy Days quotedare estimates."you are billed foractual days used Post-Go Livefor Assistance for all modufes proposed Days: Post-Go L'weAssistance for UtilityBilling Days: Total: 4 54.400 4 $4.400 8 Subtotal $8,800 559,560TravefExpenses Recommended Contingency ,HI "Phi M: fl», Agenda Item #8.D. 13 May 2024 Page 114 of 199 EXHIBITB Personnel Management Annual Senlice Fees Unlimitedsupport is included in your Annual Service Fee.Service Fees are billed annualiy Aftertwo (2)years,85504 Saftwarereserves the right to increase the Annual Service Fee by no more than the yearly Consumers Price Index forAll Urban Consumers U.5.city average (CPl-U)." Financial Ma nagement General Ledger $4.225 Accounts Payable $3,435 Cash Receipting $5,865 Accounts Receivables 53,150 Fixed Assets $3,095 Purchase Order $3,350 Work Orders $3,435 UtilityBilling $1 (1560 15 Payroll $5,725 Human Resources $3,965 Timesheets $2,600 Community Development Building Departmeml $5335 ?usiness License 53,265 3m OnliI-Ie Community Develcpment 51375 Public Records Search $1,785 Total Annual Service Fees $61,285 Agenda Item #8.D. 13 May 2024 Page 115 of 199 EXHIBITC Support Call Process BSA's standard hours for telephone support are from 8:30 am.to 5:00 pm.(EST),Monday'throughFriday,excluding holidays. Customer can lodge a support request in three ways:(i)Contact Customer Support option located within the Help menu of all of BSA's applications (ii)BSA’stoll-free support line (i-855—BSA—SOFT)or via email. BSAtargets less than thirty (30)minutes for initial response ("Initial Response Target"). Customer service requests fall into four main categories: A.Technical.Questions or usage issues relating to IT functionality,future hardware purchases,and configuration.BSA tries to resolve these issues within BSA's Initial Response Target or as soon thereafter as reasonably possible. B.Questions/Support.General questions regarding functionality,use,and set—up of the applications.BSAtries to resolve these issues within BSA’sInitial Response Target or as soon thereafter as reasonably possible. C.Requests.Customer requests for future enhancements to the applications.Key product management personnel meet with development staff on a regular basis to discuss the desirability and priority of such requests.BSA tries to resolve these issues within BSA's Initial Response Target or as soon thereafter as reasonably possible. D.Issues/Bugs.Errors fall into three (3)subcategories: Critical.Cases where an Error has rendered the application or a material component unusable or not usable without substantial inconvenience causing material and detrimental consequences to business —-with no viable Customer workaround or alternative.The targeted resolution time for critical issues is less than one (1)business day. Moderate.Cases where an Error causes substantial inconvenience and added burden,but the application is still usable by Customer.The targeted resolution time for all moderate issues is within two (2)weeks,which is within BSA’sstandard update cycle. Minimal.Cases that are mostly cosmetic in nature,and do not substantially impede functionality in any significant way.These issues are assigned a priority level at BSA's regular meetings,and resolution times are based on the specified priority. Remote Support Process Some support calls may require further analysis of Customer's database or set-up to diagnose a problem or to assist Customer with a question.BSA’sremote support tools share Customer’s desktop via the Internet to provide Customer with virtual on-site support.BSA’ssupport team is able to connect remotely to Customer’s desktop and view its setup, diagnose problems,or assist Customer with screen navigation. Agenda Item #8.D. 13 May 2024 Page 116 of 199 I am reviewing an agreement for ERP software services that has a confidentiality clause.Do you have something you use to indicate that we are a public entity,subject to Sunshine? My Catherine R.Varian,Esq. Director of Human Resources/RiskManagement Office:(904)247-5890 Work Cell:(904)426-3493 From: Sent CC' Subject: Varian,Cathy Thursday,March 21,2024 8:52 AM Gabriel,Jason Drake,Patricia Confidential information Drake,Patricia Agenda Item #8.D. 13 May 2024 Page 117 of 199 Drake,Patricia From:Drake,Patricia Sent:Tuesday,March 19,2024 9:05 AM To:Varian,Cathy Subject:ERP System Agreement Attachments:Atlantic Beach City Duval FL —BSA Cloud Contract 1.8.24_SR.DOCX;Atlantic Beach Cit yDuvalFLCLOUDFM.HRMS.CD.BSAO 1.8.24_SR.PDF Cathy Please review the attached agreement provided by BS&A,and let me know ofany changes/additions/deletions that should be made. Thank you, Patty Agenda Item #8.D. 13 May 2024 Page 118 of 199 SOFTWARE AS A SERVICE AGREEMENT This Software as a Service Agreement,including the attached Exhibits ("Agreement"),is entered into by and between BSSLASoftware LLC ("BSA"),a Delaware limited liability company and the City of Atlantic Beach,Duval County F L("Customer"),effective the date of the signature of the last Party to sign the Agreement ("Effective Date”).Each party to the Agreement is referred to as a "Party”and the parties,collectively,are referred to as "Parties." This Agreement sets the terms and conditions under which BSAwill furnish certain Software as a Service (”SaaS")and certain professional services described herein to Customer. SECTION A -SAAS SERVICES 1.Rights Granted. 1.1.Upon the Effective Date,subject to the terms of this Agreement and Customer's ongoing compliance therewith,BSA hereby grants to Customer a non-exclusive,non-transferable,and non—assignablelicense to use the BSASoftware Products."BSASoftware Product(s)"means,the:(i)BSA Software as a Service set forth in Schedule 1 to Exhibit A;(ii)related interfaces and customizations;(iii)BSA manuals,BSA officia lspecifications,and BSA user guides provided in or with BSAsoftware products set forth in Schedule 1 to Exhibit A ("Documentation”);and (iv)all modifications to the BSAsoftware products set forth in Schedule 1 to Exhibit A,including,but not limited to,fixes,new versions,new releases,updates,upgrades, corrections,patches,work—arounds (collectively,”Modifications").For the avoidance of doubt, Documentation does not include advertising,other general statements about products,or statements by sales or other staff members. 1.2.Customer acknowledges that BSA will not ship copies of the BSA Software Products as part of the SaaS Services. 2.Restrictions.Customer will not (i)sublicense,modify,adapt,translate,or otherwise transfer,reverse compile, disassemble or othen/vise reverse engineer BSA Software Products or any portion thereof without prior written consent of BSA;(ii)access or othen/vise use the BSASoftware Products to create or support,and/or assist a third party in creating or supporting software products competing with the BSA Software Products;or (iii)assign, disclose,display,distribute,host,lease,license,outsource,permit timesharing or service bureau use,rent,sell, transfer or otherwise use the BSA Software Products for any commercial use other than fulfilling Customers own internal business purposes.Without limiting the foregoing,the BSA Software Products may not be modified by anyone other than BSA.If Customer modifies the BSA Software Products without BSA's prior written consent,any BSA obligation to provide support services on,and the warranty for,the BSA Software Products will be void.Al lrightsnotexpresslygrantedarereserved. 3.SaaS Fees.Customer agrees to pay BSA,and BSAagrees to accept from Customer as payment in full for the rights granted herein,the SaaS fees set forth in Schedule 1 to Exhibit A. 4.Ownership. 4.1.BSA retains all ownership and intellectual property rights to the SaaS Services,the BSASoftware Product(s), and anything developed by BSAunder this Agreement.Customer does not acquire under this Agreement any license to use the BSA Software Product(s)beyond the scope and/or duration of the SaaS Services.Customer agrees not to challenge such rights and hereby assigns any and all copyrights and other intellectual property rights in and to the BSA Software Products to BSAand agrees to execute any and all documents necessary to effect the purpose of this paragraph."Intellectual property rights"means all trademarks,copyrights,patents, trade secrets,moral rights,know-how,and all other proprietary rights. Agenda Item #8.D. 13 May 2024 Page 119 of 199 I: -.I I .II I . v .. I -I -- III II I "'‘ I .._I I I I-I I II . u _- I I... -“11 I I r I . II II _ II I I I I - |l‘I]-I. .I -“'||”H I I II .I .I .-II I II .II “' 1|I II I 'l I . I I .II. I “II I I I 1 : I I I I z I I III I -:I _ I II I _ :.I —.~I I . I _I III I II —-I '4 IIII «I N 5. 4.2.Customer retains all ownership and intellectual property rights to the data. Limited Software Warranty. 5.1. 5.2. BSAwarrants,for the term of use granted,that the BSASoftware Products will perform without material defects in workmanship or materials.Customer’s exclusive remedy in the event of a breach of this warranty shall be to have BSAuse reasonable efforts,consistent with industry standards,to repair or replace the non-conforming BSA Software Product so as to render it conforming to the warranty,in accordance with the maintenance and support process set forth belowin Exhibit C and BSA's then current Support Call Process. THE FOREGOING LIMITEDSOFTWARE WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONSOR WARRANTIESRELATINGIN ANYWAY TO THE BSASOFTWAREPRODUCTSINCLUDING,BUTNOT LIMITEDTO .THEIR FEATURES,ATTRIBUTES,FUNCTIONALITY,AND PERFORMANCE.THE FOREGOINGLIMITEDSOFTWAR EWARRANTYISINLIEUOFALLSUCHREPRESENTATIONSORWARRANTIESWHETHEREXPRESSOR IMPLIE D,INCLUDING,BUT NOT .LIMITED TO,ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY,MERCHANTABLEQUALITYAND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISINGBYSTATUTEOR OTHERWISEIN LAWOR FROMTHECOURSEOF DEALINGOR USAGE OF TRADE.BS ADOESNOTREPRESENTORWARRANTTHATTHEBSASOFTWAREPRODUCTSWILLMEETANYORALLOF CUSTOMER'S PARTICULARREQUIREMENTS,THATTHEOPERATIONOF THE BSASOFTWAREPRODUCTSWIL LOPERATEERRORFREEORUNINTERRUPTED,OR THAT ALLPROGRAMMINGERRORSIN THE BSASOFTWAR EPRODUCTSCANBEFOUNDINORDERTOBECORRECTED. One Year Money Back Guarantee.BSAoffers a one (1)year Money BackGuarantee on all SaaS products.If,for any reason,Customer is not satisfied with the BSASoftware Product,Customer may cancel service within one (1) year of the date that the BSA Software Product becomes available for use ("Activation Date"),for a full refund of the SaaS Fees,as identified in Schedule 1 to Exhibit A.Customer must notify BSAof intention to terminate at least thirty (30)days prior to the end of the one (1)year period. SaaS Services. 7.1. 7.2. 7.3. 7.4. BSA’s Services are audited at least annuallyin accordance with the AICPA's Statement on Standards for Attestation Agreements (”SSAE")No.16,Type 2.BSAhas attained,and will maintain,Type II SSAE compliance, or its then current equivalent,for as long as Customer maintains timely payment for SaaS services.Customer may make a written request and,upon execution of a mutually acceptable Non-Disclosure Agreement ("NDA"), BSA will make available.a summary of our SSAE-16 compliance report or its equivalent.Every year thereafter, for so long as the NDA is in effect,Customer may make an additional written request for BSAto provide the same information. Customer will utilize shared hardware in a data center,but in a database dedicated to Customer's use,which is not accessible to other customers. Microsoft Azure data centers,or any replacement data centers utilized by BSA during the term of this Agreement are accessible only by authorized personnel,for specific business purposes,with prior approval required. Data centers utilized by BSA will have redundant telecommunications access,electrical power,and the necessary hardware to provide access to the BSA Software Products in the event of a disaster or component failure.In the event any of Customer’s data is lost or damaged due to a negligent act or omission of BSA,or due to a defect in the BSA Software Product,BSA will use reasonable commercial efforts to restore data on servers in accordance with the system capabilities and with the objective of minimizing any data loss possible. BSA’s systems are reasonably designed to ensure that the recovery point shall not exceed a maximum of twenty-four (24)hours from declaration of disaster.For purposes of this section,the declaration of disaster Agenda Item #8.D. 13 May 2024 Page 120 of 199 shall be declared by BSAin response to issues discovered by BSA,or upon confirmation of issues relayed by Customer to BSA.Said declaration of disaster will not be unreasonably withheld by BSA. 7.5.In the event that a backup must be restored due to a declaration of disaster,or database failure,BSA will be responsible for importing backup data and verifying that Customer can log in.Customer will be solely responsible for running reports and testing critical processes to verify the restored data. 7.6.BSA's systems are reasonably designed to ensure that,access to the BSA Software Products can be restored within one (1)business day of the declaration of disaster. 7.7.BSA performs tests of the disaster recovery plan at least annually.Such tests are not specific to individual Customer databases. 7.8.Customer will not attempt to reverse engineer,bypass,or otherwise subvert security restrictions in the BS ASoftwareProductsortheSaaSenvironmentrelatedtotheBSASoftwareProducts.Unauthorized attempts to access files,passwords,other confidential information,or unauthorized vulnerabilityand penetration testing of BSA’ssystem (hosted or otherwise)is prohibited without the prior express written approval of BSA. SECTION B —PROFESSIONALSERVICES Professional Services.BSAshall provide the services ("Professional Services")set forth in Schedule 2 to Exhibit A,for the prices indicated,provided Customer fulfills its obligations set forth in this Agreement.BSA and Customer may enter into future Statements of Work,which shall become part of this Agreement.Future Statements of Work resulting from a change in scope to the contracted services may necessitate Change Orders to indicate changes to the agreed upon scope of work and any increase or decrease in costs related to the change in scope.Customer acknowledges that the fees stated in the Cost Summary are good—faithestimates of the amount of time and materials required for Customer’s implementation.BSAwill bill Customer for the actual fees incurred based on the services provided to Customer. Change Orders.In the event of a change in the agreed upon project scope for professional sen/ices not covered or othen/vise included in the existing Agreement,Customer shall deliver to BSA's Project Manager a written change order and specify in such change order the proposed work with sufficient detail to enable BSA to evaluate it ("Change Order").BSA may,at its discretion,prescribe the format of the Change Order.BSA shall provide the Customer with an evaluation of the Change Order,which may include a written proposal containing the following: (i)implementation plan;(ii)the timeframe for performance;and (iii)the estimated price for performance of such change,based on the then current rates for said services.Upon execution,all Change Orders shall be governed by the terms and conditions of this Agreement,unless mutually agreed upon othen/vise in writing.Customer acknowledges that such Change Orders may affect the implementation schedule and dates otherwise established as part of the project plan.The implementation schedule and schedule of activities for contracted services (the "Project")shall be established based on a timeline mutually agreed upon between the Parties following the executionof this Agreement. 10.License and Ownership. 10.1.AII rights,including intellectual property rights,in and to work product delivered as a result of Professional Services under this Agreement shall be owned by BSA.For the avoidance of doubt,work product that constitutes a BSA Software Product,or portion thereof shall be governed by Section A of this Agreement, including Section 1.1 thereof. 10.2.Subject to Section 10.1 and Customer’s compliance with this Agreement (including payment in full),BSAgrants to Customer a non—exclusive,non-transferrable,and non-assignable license to use the work product and the intellectual property rights therein for Customer's internal business purposes only. Agenda Item #8.D. 13 May 2024 Page 121 of 199 11.Cancellation.In the event Customer cancels or reschedules Professional Services (other than for Force Majeure or breach by BSA),and without prejudice to BSA's other rights and remedies,Customer is liable to BSAfor:(i)all non- refundable expenses actually incurred by BSA on Customer's behalf;and (ii)daily Project Management or Training fees associated with the cancelled Professional Services (in accordance with the daily fee rate),if less than thirty (30)days advance notice is given regarding the need to cancel or reschedule and BSA cannot reasonably reassign its affected human resources to other projects where comparable skills are required. 12.Limited Professional Services Warranty. 12.1.BSA warrants that its Professional Services will be performed in a professional and workmanlike manner, consistent with industry standards.In the event of a breach of the foregoing warranty and a claim in accordance with the breach,BSA’ssole obligation and Customer's exclusive remedy with respect to such claim will be to have BSA reperform the portion of the Professional Sen/ices with respect to which the warranty has been breached,to bring it into compliance with such warranty.Any claim for breach of the foregoing warranty must be made by notice to BSA within thirty (30)days of performance of the portion of the Professional Services with respect to which the claim is made or said claim shall be deemed waived. 12.2.THE FOREGOINGLIMITEDPROFESSIONALSERVICESWARRANTYIS IN LIEUOF ALLOTHER REPRESENTATIO NSORWARRANTIESRELATINGTOTHEPROFESSIONALSERVICES,EXPRESSOR IMPLIED.INCLUDING,BUT NOT LIMITEDTO,ANY IMPLIEDWARRANTIESOR REPRESENTATIONSOF MERCHANTABILITY,MERCHANTABL EQUALITYANDFITNESSFORAPARTICULARPURPOSE,AND THOSEARISING BYSTATUTEOR OTHERWISEIN LAW,OR FROM THE COURSE OF DEALINGOR USAGEOF TRADE. 13.Customer Site Access and Assistance. 13.1.Customer agrees and acknowledges that the implementation of the BSA Software Products is a cooperative process requiring time and resources of Customer personnel.Customer shall,and shall cause Customer personnel to,use all reasonable efforts to cooperate with and assist BSA as may be reasonably required to meet the project deadlines and other project milestones agreed to by the Parties for implementation.BSA shall not be liable for failure to meet such deadlines and milestones when such failure is due to force majeure (as defined in Section 30,below)or to the failure by Customer personnel to provide such cooperation and assistance (either through action or omission.) 13.2.At no cost to BSA,Customer agrees to provide to BSA full access to and use of personnel,facilities,and equipment as reasonably necessary for BSAto provide implementation and training services.Such access will be subject to any reasonable security protocols or written policies provided to BSA prior to Effective Date of this Agreement,or mutually agreed to thereafter. SECTION C —MAINTENANCE AND SUPPORT 14.Maintenance and Support Generally. 14.1.For a one (1)year period,commencing on the Activation Date,and subject to Customer's compliance with the Agreement,BSA will provide,at no charge to Customer,"Maintenance and Support”,meaning the follOwing ;(i)Modifications (such as patches,corrections and updates)as are generally provided at no additional charge by BSAto BSAcustomers;and (ii)technical support assistance,as further described in Section 14,during BSA's normal business hours. 14.2.Commencing one (1)year from the Activation Date,Maintenance and Support will continue to be provided subject to compliance with the terms of the Agreement and payment of the SaaS Fees outlined in Exhibit B. 14.3.BSA guarantees that the annual SaaS Fees,as set forth in Exhibit B will not change for two (2)years from the Activation Date.After that date,BSAreserves the right each year to increase the fee over the previous year by no more than an amount that is proportionate to the increase (measured from the beginning of such previous Agenda Item #8.D. 13 May 2024 Page 122 of 199 year)in the Consumer Price Index as set forth by the US.Department of Labor,Bureau of Labor Statistics, Consumer Price Index —AllUrban Customers —US.CityAverage (CPI-U),or a similar measure should such data become unavailable. 14.4.Maintenance and Support and the SaaS fee do not include amounts that may be due for such items as additional training,additional BSA Software Products,custom development work,hardware purchases,BS Astafftimetocreateormodifyreportwriterbasedreports,configurable imports or exports,or data entry. Additional fees may be payable for items charged on a per event basis,such as Permit ApplicationSubmission Fees related to online permit applications. 15.Support. 15.1.With respect to Errors following expiration of the Limited Software Warranty,BSA’s sole obligation and Customer’s sole remedy are set forth in this Section 15.Subject to Customer's compliance with the terms of the Agreement and payment of SaaS fees,BSAshall use commercially reasonable efforts,commensurate with the severity level,to achieve its support response and resolution targets with respect to Errors as set forth in Exhibit C.An "Error"means a verifiable and reproducible failure of a BSA Software Product to operate in accordance with the Documentation under conditions of normal use and where the Error is directly attributable to the BSASoftware Product as updated with current Modifications.If the customer modifies the BSASoftware Products without BSA's written consent,BSA’s obligation to provide support services on the BSA Software Products will be void. 15.2.Support does not include the following:(i)installation or implementation of the BSA Software Products;(ii) onsite training/support,remote training,application design,and other consulting services;(iii)support of an operating system,hardware,or support outside of BSA’snormal business hours;(iv)support or support time due to a cause external to the BSA Software Products adversely affecting their operability or serviceability ,which shall include,but not be limited to,water,fire,lightning,other natural calamities,misuse,abuse,or neglect;(v)repair of the BSASoftware Products modified in any way other than modifications made by BSAor its authorized agents;and (vi)support of any other third-party vendors'software,such as operating system software,network software,database managers,word processers,etc.All such excluded Maintenance and Support Services performed by BSA at Customer's request shall be invoiced to Customer on a time and materials basis,plus reasonable expenses associated therewith. 15.3.Notwithstanding anything to the contrary,Customer shall provide prompt notice of any Errors discovered by Customer,or othen/vise brought to the attention of Customer.Proper notice may include,without limitation, prompt telephonic and written (either via e—mailor postal mail)notice to BSA of any purported Error.I frequestedbyBSA,Customer agrees to provide written documentation of Errors to substantiate those Errors and to otherwise assist BSA in the detection and correction of said Errors.BSA will use its commerciall yreasonablejudgmenttodetermineifanErrorexists,and the severity of the Error. 15.4.Customer acknowledges and agrees that BSA and product vendors may require online access to the BS ASoftwareProductinorderforBSAtoproVideMaintenanceandSupportServiceshereunder.Accordingly ,Customer shall provide a high—speedinternet connection to facilitate BSA's remote access to the BSASoftware Products.BSA shall provide remote connection software,which may require installation of a software component on a workstation or sewer computer SECTION D —THIRD PARTY PRODUCTS 16.Third Party Products. 16.1.BSA will sell,deliver and install onsite any hardware products not produced by BSA("Third—PartyHardware“), if purchased by Customer,for the prices set forth in Schedule 1 to Exhibit A,as modified by any subsequent Change Order(s). Agenda Item #8.D. 13 May 2024 Page 123 of 199 16.2.BSAshall not provide any warranty services on Third Party Hardware sold.BSAis not the manufacturer of the Third-Party Products.To the extent applicable,BSAwill grant and pass through to Customer any warranty that BSAmay receive from the supplier of the Third-Party Product(s). SECTION E -GENERAL TERMS AND CONDITIONS 17.BSA Proprietary Information. 17.1. 17.2. 17.3. 17.4. Customer acknowledges that the information associated with or contained within the BSA Software Products and information used in the performance of Professional Services include information relating to BSASoftware Products,BSA's business,and the terms of this Agreement (the “Proprietary Information"). Customer shall maintain in confidence and not disclose Proprietary Information,directly or indirectly,to any third party without BSA's prior written consent.Customer shall safeguard the Proprietary Information to the same extent that it safeguards its own most confidential materials or data,but in no event shall the standard implemented be less than industry standard.Proprietary Information shall be used by Customer solely to fulfill its obligations under this Agreement.Customer shall limit its dissemination of such Proprietary Information to employees within the Customer's business organization who are directly involved with the performance of this Agreement and have a need to use such Proprietary Information.Customer shall be responsible for all disclosures by any person receiving Proprietary Information,by or through it,as if Customer itself disseminated such information. Proprietary Information shall not include any information that:(a)is or becomes publicly known through no wrongful act of breach of any obligation of confidentiality by Customer;(b)was lawfully known to Customer prior to the time it was disclosed to or learned by Customer in connection with this Agreement,provided that such information is not known to Customer solely because of its prior business relationship with BSA;(c)was received by Customer from a third party that is not under an obligation of confidentiality to BSA;or (d)is independently developed by Customer for a party other than BSA without the use of any Proprietary Information.The following circumstances shall not cause Proprietary Information to fall within any of the exceptions (a)through (d)above:(i)a portion of such Proprietary Information is embraced by more general information said to be in the public domain or previously known to,or subsequently disclosed to,the Customer,or (ii)it is a combination derivable from separate sources of public information,none of which discloses the combination itself. If Customer is required,or anticipates that it willbe required,to disclose any Confidential Information pursuant to a 'court order or to a government authority,Customer shall,at its earliest opportunity,provide written notice to BSA so as to give BSA a reasonable opportunity to secure a protective order or take other actions as appropriate.Customer shall at all times cooperate with BSA so as to minimize any disclosure to the extent allowed by applicable law. 18.Limitation on Liability and Damages.BSA'S ENTIRELIABILITYAND RESPONSIBILITYFOR ANYAND ALLCLAIMS ,DAMAGES,OR LOSSESARISINGFROM THE BSA SOFTWARE PRODUCTS(INCLUDINGBUTNOT LIMITEDTO THEI RUSE,OPERATIONAND/ORFAILURETO OPERATE),PROFESSIONALSERVICES,MAINTENANCEAND SUPPORT,ANY THIRD-PARTYPERFORMANCE OR LACK THEREOF,OR OTHERWISE ARISINGOUT OF OR RELATINGTO THIS AGREEMENT,SHALLBEABSOLUTELYLIMITEDIN THE AGGREGATEFOR ALLCLAIMSTO DIRECTDAMAGESNOT IN EXCESSOF THE INITIALSAAS FEESPAID FOR THE FIRSTYEAROF SERVICEOF THE BSA SOFTWARE PRODUCTS PLUS,TO THE EXTENTAPPLICABLE,THE PURCHASEPRICEOF ANY PROFESSIONALSERVICESET FORTH IN THIS AGREEMENTTHAT GIVESRISETO A CLAIM.NOTWITHSTANDINGANY PROVISION CONTAINED HEREIN,BSA SHALLNOT BE LIABLEFOR ANYINDIRECT,CONSEQUENTIAL,SPECIAL,INCIDENTAL,OR CONTINGENT DAMAGES OR EXPENSES,WHETHERIN CONTRACT,TORT (INCLUDING NEGLIGENCE)OR OTHERWISE,ARISING IN ANY WAY Agenda Item #8.D. 13 May 2024 Page 124 of 199 H .. I.I I I.I I I II II 4 II II 'I '.I.. -I I - Im II I z..I _ .I. II II- II I 'I.-"III .-III I I“II “ III :I I = I II I z I II -=..u I J.I I I I I I |‘--\I II _.__.I I.I . I I I |.'II I I III III I I -I II I II II I I z I II I I I .II I n.“— |I :I II I II '- II II I II II I;- I . .I ;:I |u I. I . I I II: II -I I I...- I I II II m I I ”L._:_.7. I I I InI II 19. OUT OF THIS AGREEMENT,BSASOFTWAREPRODUCTS,ANYTHIRD—PARTYPERFORMANCE,OR LACKTHEREOF, OR BSA'S PERFORMANCE,OR LACKTHEREOF,UNDERTHIS AGREEMENT,INCLUDING,WITHOUT LIMITINGTH EGENERALITYOFTHEFOREGOING,LOSSOF REVENUE,PROFIT,OR LOSSOF USE.TO THEEXTENTTHATAPPLICAB LELAWDOESNOTPERMITTHELIMITATIONSSETFORTHHEREIN,THE LIABILITYAND DAMAGESSHALLBE LIMTE DANDRESTRICTEDTOTHEEXTENTPERMITTEDBYLAW. Additional Disclaimer.BSAPROVIDESNO WARRANTYFOR ANY THIRD—PARTYSOFTWAREAND/ORHARDWARE ,EXCEPTAS SET FORTH IN THISAGREEMENT,BSAWILLNOT BE RESPONSIBLEFOR ANY THIRD-PARTYSOFTWARE ,THIRD-PARTYSERVICESAND/ORHARDWARE. Indemnification for Intellectual Property Infringement.If a claim is made or an action is brought alleging that a BSASoftware Product infringes on a US.patent,or any copyright,trademark,trade secret or other proprietary right,BSA will defend Customer against such claim and will pay resulting costs and damages finally awarded, provided that:(a)customer promptly notifies BSA in writing of the claim;(b)BSA has sole control of the defense and all related settlement negotiations;(c)Customer reasonably cooperates in such defense at no expense to BSA ;and (d)Customer remains in compliance with the Agreement and has continued to remain current on payment of SaaS fees.The obligations of BSAunder this Section are conditioned on Customer‘s agreement that if the applicable BSA Software Product,in whole or in part,or the use or operation thereof,becomes,or in the opinion of BSAis likelyto become,the subject of such a claim,BSAmay at its expense and without obligation to do so,either procure the right for the Customer to continue using the BSASoftware Product or,at the option of BSA,replace or modify the same so that it becomes non—infringing(provided such replacement or modification maintains the same material functionality and does not adversely affect Customer's use of the Update as contemplated hereunder).In the event that BSA provides a replacement for Customer,Customer shall cease use of the infringing product immediately upon receiving the replacement.THIS SECTION 20 SETS FORTH THE ENTIRE LIABILITYAND OBLIGATIONOF BSA AND THE SOLE AND EXCLUSIVEREMEDY FOR CUSTOMERFOR ANY DAMAGESARISIN GFROMANYCLAIMORACTIONCOVEREDBYTHISSECTION20. No Intended Third-Party Beneficiaries.This Agreement is entered into solely for the benefit of BSA and Customer.No third party will be deemed a beneficiary of this Agreement,and no third party will have the right to make any claim or assert any right under this Agreement. .Governing Law and Venue.This Agreement shall be governed by,and construed in accordance with,the laws of the state of Michigan,without regard to its choice of law rules.BSA and the Customer agree that the exclusive venue for any legal or equitable action shall be the Courts of the County of Clinton,State of Michigan,or in any court in the United States of America lying in the Western District of Michigan. .Entire Agreement.This Agreement represents the entire agreement of Customer and BSA with respect to the subject matter hereof,and supersedes any prior agreements,understandings,and representations,whether written, oral,expressed,implied,or statutory.Customer hereby acknowledges that in entering into this Agreement,it did not rely on any information not explicitlyset forth in this Agreement. .Contract Term.This initial term of this Agreement extends from the Effective Date of the Agreement until one (1) year from the Activation Date.Upon expiration of the initial term,this Agreement will renew automatically for successive one (1)year terms under the same terms and conditions set forth herein without further documentation being required unless and until either party provides written notice to the other party,at least sixty (60)days prior to the end of the then current term.Customer's right to access or use the BSASoftware Product will terminate at the end of the Agreement. Agenda Item #8.D. 13 May 2024 Page 125 of 199 ''':--II I . 5 I ; |‘II II '.. .I I.“ I I I I u "''''-I I .I _ I I ‘2 H ‘ II I I r;v I I \H I I II '=I II I I I II .. "'I‘' 'II I =II I II II I I . I I I I II I.‘ .I -I I ,I I,-.I I II .I I I : I I z :1 y I I L I ‘ II II 'a.' I. I '-I ~:-. I“H I I .\II I .-II II III II I .ll .I I‘= .I II ,_I II II I I.I. II:I |_I.I. I .. -.I "I '2 I ' I.I I I -... I .M _ .I I =I I .I _ I :-I _.:l .. I .'— I —— __:.___;.: I I ;I I I “‘"I‘I I II 'I II._II _I_I II I ..I ,I I. h “'II I .:- ''-II I I 4 ;I II I z u I H I II :I . 24. 25. 26. 27. 28. 29. Payment Terms.Customer shall pay BSA for all amounts in accordance with this Agreement and Exhibit A. Termination.Without prejudice to other rights and remedies,and except as otherwise provided in this Agreement, either Party may terminate this Agreement as set forth below.Upon termination of this Agreement:(a)Customer shall promptly pay BSA for all fees and expenses that are not subject to a good faith dispute and that are related to the software,products,and/or services received,or expenses BSA has incurred or delivered,prior to the effective date of the termination (b)Customer shall return or destroy,at the direction of BSA,BSA's Proprietary Information in its possession.The termination of this Agreement will not discharge or othen/vise affect any pre— terminationobligationsofeitherPartyexistingunderthisAgreementatthetimeoftermination.Sections 2,4,16 through 18, 21-23,25 -39,and the provisionsof this Agreement which by their nature extend beyond the termination of this Agreement,will survive the termination of the Agreement.No action arising out of this Agreement,regardless of the form of action,may be brought by Customer more than one (1)year after the date the action occurred. 25.1.Termination for Cause?lf Customer believes that BSA has materially breached this Agreement,Customer may terminate this Agreement for Cause in the event BSA does not cure,or create a mutually agreeable plan to address,a material breach of this agreement within thirty (30)days after Notification by Customer.Notice shall be provided in accordance with Section 31,below. 25.2.Force Majeure.Either Party may terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45)days or greater. 25.3.Lack of Appropriations.If Customer cannot appropriate,or otherwise make available funds sufficient to continue to utilize the SaaS Services,Customer may unilaterally terminate this Agreement with thirty (30)days written notice to BSA.Customer shall not be entitled to a refund,offset,or credit for previously paid,but unused SaaS fees. 25.4.Failure to Pay SaaS Fees.Customer acknowledges that timely payment of SaaS Fees is necessary to maintain continued access to the SaaS Services.In Customer does not make timely payment of SaaS fees,BSA may discontinue the SaaS Services,and deny access to the BSASoftware Products.If such failure to pay is not cured within forty—five(45)days of receiving BSA's notice of intent to terminate,BSAmay terminate this Agreement. 25.5.Convenience.If Customer terminates SaaS Services for convenience,any SaaS fees already paid will not be prorated,and will be retained by BSA. Severability.If any term or provision of this Agreement,or the application thereof,to any extent,is held invalid or unenforceable,the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable,will not be affected thereby,and each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. No Waiver.In the event that any terms or conditions of this Agreement are not strictly enforced by either Party, such nonenforcement will not act as,or be deemed as,a waiver or modification to this Agreement,nor will such nonenforcement prevent either Party from enforcing terms of the Agreement thereafter. Successors and Assigns.This Agreement shall be binding upon the successors,permitted assigns,representatives, and heirs of the Parties hereto.For avoidance of doubt,any expanded use by Customer of the Program,for example, in the event of annexation or desired shared services,shall require the consent of BSA. Force Majeure.”Force Majeure"is defined as an event beyond the reasonable control of a Party,including governmental action,war,riot or civil commotion,fine,natural disaster,epidemic,pandemic,other public health emergency,problematic weather,lack of availability of Customer provided technology,labor disputes,restraints affecting shipping or credit,delay of carriers or any other cause that could not,with reasonable diligence,be Agenda Item #8.D. 13 May 2024 Page 126 of 199 I II .II.I I...I I I »‘...I .I . II I a .‘= II a II 'I I ,. I .I I I '--"''''4 II I I .I II I I I _. _I II I I III I‘I, I I I I I II II I I '‘I ..a I I I --I..IIII I;I I ..I I II I I II : I I II I II t .I I I ,.l I --.v--I —IrI-,-"—I.z -In ---.~.=“ 'II I I II I I ‘1 "II I I I II n :-' _II =I I II I 'II I III II IIIII I I ' I -I I I I.I I .I .-I II I u II .. 30. foreseen,controlled or prevented by the Party.Neither Party shall be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure. Notice.All notices,requests,demands,and determinations under the Agreement (other than routine operational communications),shall be in writing and shall be deemed duly given:(i)when delivered by hand;(ii)one (1)business day after being given to a nationally recognized overnight delivery service for next—business-day delivery,all fees prepaid;(iii)when sent by confirmed facsimile with a copy sent by another means specified in this provision;or (iv) six (6)calendar days after the day of mailing,when mailed by United States mail,via registered or certified mail, return receipt requested,postage prepaid,and in each case addressed as shall be set forth below.A Party may from time-to-time change its address or designee for notification purposes by giving the other prior written notice of the new address or designee and the date upon which it will become effective. If to BSA: BSA Software 14965 Abbey Lane Bath,Ml 48808 Attn:Contracts Manager Telephone:517—641-8900 lf to Customer: City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 Telephone:904-247-5800 31. 32. 33. Independent Contractor.This is not an agreement of partnership or employment of BSA or any of BSA's employees by Customer.BSAis an independent contractor for all purposes under this Agreement. Cooperative Procurement.To the maximum extent permitted by applicable law,BSAagrees that this Agreement may be used as a cooperative procurement vehicle by eligiblejurisdictions.BSAreserves the right to negotiate and customize the terms and conditions set forth herein,including but not limited to pricing,to the scope and circumstances fitting to that cooperative procurement. Business License.In the event a local business license is required for BSA to perform the services under this Agreement,Customer agrees to promptly notify and inform BSA of such requirement,as well as to provide BSA with the necessary paperwork and contact information so that BSA can obtain such license in a timely manner. Nondiscrimination.BSA will not discriminate against any person employed,or applying for employment, concerning the performance of BSA’sresponsibilities under this Agreement.This discrimination prohibition will apply to all matters of employment including hiring,tenure,and terms of employment,or otherwise with respect to any matter directly or indirectly relating to employment concerning race,color,religion,national origin,age, sex,sexual orientation,ancestry,disability that does not impact the individual’s ability to perform the duties of a particularjob or position,height,weight,marital status,or political affiliation.BSA will post,where appropriate,all notices related to nondiscrimination as may be required by applicable law. Agenda Item #8.D. 13 May 2024 Page 127 of 199 35.Taxes.Fees for SaaS Services,Professional Services,or any other fees shown in Schedule 1 to Exhibit A do not include any taxes,including,without limitation,any sales,use or excise tax.Customer shall be responsible for all taxes,exclusive of taxes on BSA's net income,arising out of this Agreement.If Customer is not validly tax-exempt, and BSA is required to remit taxes on customer's behalf,Customer agrees to reimburse BSAfor any taxes by BSA. 36.Contract Documents and Order of Precedence.The text of this Agreement without any Exhibits and Schedules shall control over any inconsistent text in any of the Exhibitsor Schedules.ThisAgreement includes the following Exhibits and Schedules: ExhibitA —Payment Terms Generally Schedule 1 to EXhibitA—SaaS/lnterface/CustomizationFees Schedule 2 to EXhibitA—ProfessionalService Fees ExhibitB —Annual Service and Hosting Fees Exhibit C —Support Call Process IN WITNESS THEREOF,the Parties hereto have executed this Agreement as of the dates set forth below. CUSTOMER Name:Name: Title: Date: Title: Date: BS8LASOFTWARE,LL Agenda Item #8.D. 13 May 2024 Page 128 of 199 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.24-27 authorizing the City to contract with C &L Landscape,Inc.to provide construction services for the renovations to the Tide Views Sunset Pier and Walkways SUBMITTED BY:Scott Williams,Public Works Director TODAY’S DATE:May 3,2024 MEETING DATE:May 13,2024 BACKGROUND:The City has identi?ed the renovations to the Tide Views Sunset Pier and Walkways as a priority project as noted in the Capital Improvements Plan.C &L Landscape,Inc. has a current contract with the City of Jacksonville,Contract #SC-0397-22,that the City of Atlantic Beach can piggyback on to complete this project. The project scope of work is to complete the renovations to the Tide Views Sunset Pier and Walkways with Options A and B as listed in the attached proposal.All work shall be performed in accordance with the Contract Documents.The project is located at Tide Views Preserve, One Begonia Street,in the City of Atlantic Beach.Option A includes the renovations of the wooden walkway starting from the J EA paved road past the Tide Views pier.Option B includes renovations to the walkway near the restroom area at the parking lot. BUDGET:The price for the project,$317,398.01,can be fully funded from three different budgeted projects.The ?rst project,the Sunset Pier Re-Decking Project (Project PW2339),has a budget of $200,00.00.The second project,the Creek Restoration Pilot Test Project (AR221 1),has a budget of $50,00.00,but the Florida Department of Environmental Protection will not permit this project.The third project,the Button Island Re—Deckingproject (PW2330),has $70,000.00 leftover that can be used for this project.This totals $320,000.00,which would fund this project. RECOMMENDATION:Authorize the City to contract with C &L Landscape,Inc.to complete the renovations to the Tide Views Sunset Pier with Options A and B in the amount of $317,398.01 and authorize the City Manager to execute the contract. ATTACHMENTS:Resolution 24-27 City of Jacksonville Contract #SC-O397-22 C &L Landscape,Inc.Proposal dated April 29,2024 Map of Tide Views Sunset Pier Main 0 tion with Options A &B Tide Views Sunset Pier Renovation tions Overview BY CITY MANAGER: Agenda Item #8.E. 13 May 2024 Page 129 of 199 I l I I I I II I I ‘; I N I I.I I -I I.I I I I I - --''I -I I I ''I I I ..I ,_'.. I _ II ' .I I I II I l.‘'''I u.I z . I ..I _I I.I I .I . I I .I ,1 . ..I ‘I IIII I I I -.I II I u ‘ I 1I 'II -—I ''I H _.II .I . .I II I I I .I I ,I.I II III II—u RESOLUTION N 0.24-27 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE CITY TO CONTRACT WITH C &L LANDSCAPE,INC. TO PERFORM TIDE VIEWS SUNSET PIER AND WALKWAYS RENOVATIONS;AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFF ECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Atlantic Beach has identi?ed the renovations to the Tide Views Sunset Pier and Walkways as a priority project as noted in the Capital Improvements Plan;and WHEREAS,C &L Landscape,Inc.has a current contract with the City of Jacksonville,Contract #SC-O397-22,that the City of Atlantic Beach can piggyback on this contract to complete the Tide Views Sunset Pier and Walkways Renovations project;and WHEREAS,the project scope of work is to complete the renovations to the Sunset Pier, including Option A,which is the renovation of the Walkway from the J EA paved road past the Tide Views pier and Option B,which is the renovation of the Walkway near the restroom area of the parking lot;and WHEREAS,C &L Landscape,Inc.submitted a proposal in the amount of $3 17,398.01 for the Sunset Pier renovation and Options A and B;and WHEREAS,all work shall be performed in accordance with the Contract Documents;and WHEREAS,the price for the project can be fully funded from three different budgeted projects, including the Sunset Pier Re-Decking Project (PW2339)which has a budget of $200,000.00,and the Creek Restoration Pilot Test Project (AR2211),which has a budget of $50,000.00 but the Florida Department of Environmental Protection will not permit this project,and the remaining funds of $70,000.00 from the Dutton Island Re-Decking Project (PW2330);and WHEREAS,the total from the three projects is $320,000.00 which would fund this project; NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: Resolution 24-27 for Tide Views Sunset Pier and Walkways Renovations Page 1 of 2 Agenda Item #8.E. 13 May 2024 Page 130 of 199 SECTION 1.The City Commission hereby authorizes the City of Atlantic Beach to contract with C &L Landscape,Inc.in the amount of $317,398.01 to perform the work for said contract in accordance with the contract speci?cations; SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract with C &L Landscape,Inc.and approve a Purchase Order to said vendor in the amount of $317,398.01; SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13thday of May,2024. Curtis Ford,Mayor Resolution 24-27 for Tide Views Sunset Pier and Walkways Renovations Page 2 of 2 Donna L.Battle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Attest: Agenda Item #8.E. 13 May 2024 Page 131 of 199 The Public Works Department has $200,000.in the 2023 2024 Budget for the re-decking of the Sunset pier.(Job #PW—2339) Piggybacking off the City of Jacksonville Annual Dock Maintenance contract,we had C &L Landscaping come out and give us some prices to re-deck at the Tide View Park. Pier Renovations -O tions Overview The quotes were broken down into three quotes: Tide View pier being the main quote.$158,364.47 We had two ootion ouotes: 0 tion A was the wooden walkway that goes from the JEA paved road,(Past the Tide View pier)to the end of that walkway.$80,094.89 0 tion B was from the restroom area at the parking lot down and around to where the wooden walkway stops.$78,938.65 If we chose to do all of the Tide View pier and both options,we could pull money from the following areas: Creek Restoration Pilot test:(Job #AR-2211l (The DEP will not permit this project)$50,000. Left over money from Dutton Island (Re-decking project)Job #2330 $70,000. The only area that would not have new decking is the decking that is on the far North side of the park leading out in the marsh looking at the Salvage yard. Total for all three areas was:$317,398.01 Agenda Item #8.E. 13 May 2024 Page 132 of 199 “5:g?awww 00Emo x3 ..m._580 van a 850 E32 5E “mmcsm m“My<32meat?2230£32.55823m@505 DUEL x8 ..<_.8&0 Agenda Item #8.E.13 May 2024 Page 133 of 199 693650012 ‘5o ULRICAH FYKS' C &L Landscape,Irrigation &Building P.O.Box 23425,Jacksonville,FL32241 (904)353—6620 4/29/2024 Fax (904)355-5985 Tide View Sunset Main Dock Proposal Quantity Type Description Unit Price Extended Price 1 la Mob.3 250.00 5 250.00 1920 39 Labor to remove all decking,Handrailing.$60.00 S 115,200.00 Post and replace. Replace one Bench and one set of Stairs. Replace 3"x12"Top Bar Railing inside Octagon,plus the side railing.Secure Post. All hardware to be SST. Side Railing to be changed from 6"to 8", on Main Dock. Haul off all removed materials and dispose.TOTAL 5 115,450.00 Troy Kruse Project Manager C &L Landscape and Building Inc. Cell:(904)568-7741 Office:(904)353—6620 Fax:(904)355-5985 Email:TroyKruse@yahoo.com $158,364.47 Quantity 960 405 170 24 340 Type No line item No line item No line item No line item No line item No line item No line item Item Pricing Description 50 2"x6"x12'Decking 2"x8"x10'Handrail's and side railing 4"x4"x10'Post 3"x12"x12'Top Bar Railing 1"x6"x10'Side railing for Bar 1/2"x10"SST Bolt,Washersand Nutts Boxes SST Screws 3" Dumpsters Proposal wwwmmmmm Unit Price 24.00 13.80 19.85 77.00 9.80 9.45 325.00 950.00 Unit Material mmmmmmmw Mark Up 15.18 21.84 84.70 10.78 10.40 357.50 1,045.00 mmmmmmmm Total 5 Extended Material Mark Up 23,040.00 6,147.90 3,711.95 254.10 258.72 3,534.30 1,787.50 4,180.00 42,914.47 Agenda Item #8.E. 13 May 2024 Page 134 of 199 f”3'330149<3 ‘7 HtRIGATILAVLECA PF‘ C &L Landscape,Irrigation &Building P.O.Box 23425,Jacksonville,FL32241 (904)353-6620 4/29/2024 Fax (904)355-5985 Tide View Sunset Option A Proposal Quantity Type Description Unit Price Extended Price 1 la Mob.5 250.00 5 250.00 960 39 Labor to remove exisitng toe Railing and $60.00 $57,600.00 Decking.Replace Toe Railing and Decking. Remove and replace a couple sections of Handrailing. TOTAL $57,850.00 Proposal Troy Kruse Project Manager C &L Landscape and Building Inc. Cell:(904)568-7741 Office:(904)353-6620 Fax:(904)355—5985 Email:TroyKruse@yahoo.com $80,094.89 Quantity 565 116 35 300 Type No line item No line item No line item No line item No line item Description 50 2"x6"x12'Decking 4"x4"x10'Toe Rail 2"x4"x10'Toe RailSpacer SST Box Screws 6"Lages and washers Dumsters mmmmmm Unit Price 24.00 19.85 9.65 325.00 6.85 950.00 Unit Material mmmmm Mark Up 21.84 10.62 357.50 7.54 1,045.00 Total Extended Material mmmmmmm 5 Mark Up 13,550.00 2,532.86 371.53 1,430.00 2,260.50 2,090.00 22,244.89 Item Pricing Agenda Item #8.E. 13 May 2024 Page 135 of 199 <3 ERIGMIUIAVIH'M’L I-Y‘UATAB' famoneg:3‘o C &L Landscape,Irrigation &Building P.O.Box 23425,Jacksonville,FL32241 (904)353-6620 4/29/2024 Fax (904)355-5985 Tide View Sunset Option 3 Proposal Quantity Type Description Unit Price Extended Price 1 la Mob.5 250.00 5 250.00 960 39 Labor to remove Toe Railing and Decking.$60.00 $57,600.00 Replace Toe Railing and Decking. Haul off all debris. TOTAL $57,850.00 Proposal Troy Kruse Project Manager C &L Landscape and Building Inc. Cell:(904)568-7741 Office:(904)353-6620 Fax:(904)355-5985 Email:TroyKruse@yahoo.com $78,938.65 Quantity 995 90 30 270 Type No line item No line item No line item No line item No line item No line item Description 2"x6"x8'Decking 4"x4"x10'Toe Railing 2"x4"x10'Toe Railing Spacer SST Boxes Screws 6"SST Lags and washers Dumpsters Item Pricing mmmmmm Unit Price 10.80 19.85 9.65 325.00 6.85 950.00 Unit Material mmmmmm Mark Up 11.88 21.84 10.62 357.50 7.54 1,045.00 Total Extended Material mmwmmm 5 Mark Up 11,820.60 1,965.15 318.45 2,860.00 2,034.45 2,090.00 21,088.65 Agenda Item #8.E. 13 May 2024 Page 136 of 199 BID #:SC-0397-22 OPEN DATE:2022-07-13 GENERAL GOVERNMENTAWARDS COMMITTEE KINDAND BASIS OF CONTRACT:SERVICE CONTRACT—PERIOD OF SERVICE WILL BE FROM OCTOBER 1, 2022 THROUGH SEPTEMBER 30,2023,WITH THREE (3)ONE (1)YEAR RENEWAL OPTIONS AGENCY:PARKS.RECREATION AND COMMUNITYSERVICES BASIS OF AWARD:ALLOR NONE TO THE LOWEST RESPONSIVE,RESPONSIBLE BIDDER NUMBEROF BIDS INVITED:2;;NUMBERRECEIVED:g OTHER:9 SUMMARYOF BIDS AND RECOMMENDEDACTIONS: Recommend approval to utilize the ?rst of three (3)one (1)year renewal options with C &L Landscape Inc.for the Annual Dock Maintenance.The requested total annual expenditure not-to-exceed $750,000.00.Period oi service will be from October 1.2023 through September 30,2024.The revised total award expenditure not-to-exceed $1,250,000.00. Funding Sources:32124.167101565050000962.00000000.00000.0000000 32124.167101.565051.010772.00000000.00000.0000000 To be executed by individual purchase order(s). This award is subject to appropriation by the City in the ?scal year beginning October 1,2023.No funds have been appropriated to date.The City has no obligation for payment and work hereunder is not authorized unless funds are appropriated for the work herein.A written noti?cation will be provided in the event that funds are appropriated. Attachments:Recommendation Memo.Vendor Letter,Previous Award ANALYST:RESPECTFULLY SUBMITTE . U I REEMAN,CHIEF EMENTDIVISION CONCURRENCE BY:D lJose h Director Parks Recreation and Communi Services De artment (ALL AWARD ACTIONS SUBJECT TO LAWFULLYAPPROPRIATED FUNDS) ACTION OF GGAC COMMITTEEON RECOMMENDATIONSABOVE MEMBERSA PROVING MEMBERS DISAPPROVING ' v DATE: OTHER: MC; 9 ACTION OF AWARDING AUTHORITY DATE APPROVED DISAPPROVED Iing—‘———“*“KaTEn“B'6W OTHER Chief Administrative Of? 6)Under Authority Of: 23-02SIGNATUREOFAUTHENTICATIO 323 RUBEN oLA '" SUBJECT:ANNUAL DOCK MAINTENANC Agenda Item #8.E. 13 May 2024 Page 137 of 199 1‘H Ifnhf?n‘?lln If. AS'S'W"~_$:g:%:;, cit Daryl Joseph,Director Parks.Recreation and Community Services Department 214 N Hogan Street,4“1Floor Jacksonville,FL 32202 (904)255-7903 ONE CITY.ONE www.coj.net JACKSONVILLE. T0:Dustin Freeman,Chief Procurement Division FRONkJDaryl T.Joseph,Directo: RE:SC-0397-22 Annual Dock Maintenance -l"Renewal The Parks,Recreation and Community Secure Department respectfully recommends approval to utilize the ?rst (i)of three (3).one (1)year renewal option,with C &L Landscape,for the period of October 1.2023to September I,2024,in the amount of $750r000.00. .._$1,250,000.00AH The total maxrmum not-to-exceed indebtednessof the award Will be W The funding source will be 32 l 24.l 6710i .565050.000962.00000000.00000.0000000 32l24.167[01.56505].Ol0772.00000000.00000.0000000 The funds will be encumbered by individual purchase orders under the POA—72000-22. If you have questions or need additional information regarding this request,please contact Amy Honey at 255 —7909. Attachment:Award SC-0397-22 Renewal memo DJ.i'ah July 25,2023 MEMORANDUM Ill dillihiillll?llli,Fllll'lllilIn?ll nnnu?ln Agenda Item #8.E. 13 May 2024 Page 138 of 199 :A?N “II ' gr}:n”. ma»”“3 C &L Landscape,Irrigation,8:Building P.0.Box 23425 Jacksonville,FL 3224] Phone:904 353-6620 Fax :904-355-5985 July 2].2023 Ann:Wendy Jones 904-255-7907 WendyH@coi.net Hi Wendy, We would love to renew SC-0397-22 AnnualDock MaintenanceContract. Tana Hamburger Thanks Eli X119.“ [P.th?lofv' Agenda Item #8.E. 13 May 2024 Page 139 of 199 SUBJECT:ANNUALDOCK MAINTENANCE BID #:504397-22 OPEN DATE:2022-01-13 ??????;GOVERNMEQIAWARDSCOMMITTEE KINDAND BASIS OF CONTRACT:SERVICE CONTRACT-PERIOD OF SERVICEWILLBE FROMOCTOBER 1. 2022 THROUGHSEPTEMBER30.2023.WITHTHREE(3)ONE (1)YEARRENEWALOPTIONS AGENCY:PARKS,RECREATIONAND COMMUNITYSERVICES BASIS OF AWARD:ALL OR NONETO THE LOWEST RESPONSIVE.RESPONSIBLEBIDDER NUMBEROF BIDS INVITED:gg NUMBERRECEIVED:3 OTHER:Q ED Ac ONS- Recommend approval of award to the lowest responsive.responsible bidder C 8.L LANDSCAPEINC.for the Annual Dock Maintenance.The requested total contract expenditure no to exceed 550000000.Period of service willbe from October 1. 2022 through September 30.2023. Funding to be encumbered by account 321 11 .167101.565051.000962.00000000000000000000.to be executed by individual purchase order(s). This award is swject to appropriation by the City In the ?scal year beginning October 1.2022.No funds have been appropriated to date.The City has no obligation for payment and work hereunder is not authorized unless funds are appropriated for the work herein.A Mitten noti?cationwill be provided in the event that Iunds are appropriated. Attachments:Recommendation Memo.Bid Tabulation.Terms and Conditions.Specifications ANALYST:RESPECTFULLYSUBMITTED: RUBENOLA PEASE.CHIEF ’02"If PRO EMENTDIVISION CONCURRENCEBY:ose h Director Par r ion and Communl Services rtrn t (ALL AWARD ACTIONSSUBJECT TO LAWFULLYAPPROPRIATEDFUNDS) ACTIONOF GGAC COMMITTEEONRECOMMENDATIONSABOVE MEMBERSAPPROVINg3 MEMBERS DISAPPROVING @ DATE:3 //303 um ;omen: K ', ACTION or “anyAUTHORITY DATE /.ZJZK» APPROVED DISAPPROVED OTHER ChIBIAdministrativeOIIicer SIGNATURE OF AUTHENTICATION -or Lenn cu Under Authority 0!: Executive Order No 2019-02 \ Agenda Item #8.E. 13 May 2024 Page 140 of 199 BID #:SC-0397-22 OPEN DATE:2022-07-13 6’//£209 GENERAL GOVERNMENTAWARDS COMMITTEE KIND AND BASIS OF CONTRACT:SERVICE CONTRACT —PERIOD OF SERVICE WILLBE FROM OCTOBER 1. 2022 THROUGH SEPTEMBER 30.2023.WITHTHREE (3)ONE (1)YEAR RENEWAL OPTIONS AGENCY:PARKS,RECREATION AND COMMUNITYSERVICES BASIS OF AWARD:ALL OR NONETO THE LOWESTRESPONSIVE,RESPONSIBLE BIDDER NUMBER OF BIDS INVITED:g NUMBER RECEIVED:_3_OTHER:Q SUMMARYOF BIDS AND RECOMMENDEDACTIONS: Recommend approval of award to the lowest responsive.responsible bidder C &L LANDSCAPEINC.for the Annual Dock Maintenance.The requested total contract expenditure no to exceed $500,000.00.Period of service will be from October 1, 2022 through September 30,2023. Funding to be encumbered by account 32111.167101.565051.000962.00000000000000000000.to be executed by individual purchase order(s). This award is subject to appropriation by the City in the ?scal year beginning October 1,2022.No funds have been appropriated to date.The City has no obligation for payment and work hereunder is not authorized unless funds are appropriated for the work herein.A written noti?cation will be provided in the event that funds are appropriated. Attachments:Recommendation Memo,Bid Tabulation.Terms and Conditions.Specifications ANALYST:RESPECTFULLY SUBMITTED: RUBEN OLA O PEASE.CHIEF PRO REMENTDIVISION CONCURRENCE BY:Da lJose h Director Parks Recreation and Communi Services De artment (ALL AWARD ACTIONSSUBJECT TO LAWFULLY APPROPRIATED FUNDS) ACTION OF GGAC COMMITTEEON RECOMMENDATIONSABOVE MEMBERSAPPROVING MEMBERSDISAPPROVING DATE: DISAPPROVED 1202i;ACTION OF AWARDING AUTHORIT Y APPROVED OTHER 223 SIGNATURE OF AUTHENTICATIO Chiei Administrative Officer For:Ma or Lenn Cur Under Aulhority oi: Executive Order No:2019-02 OTHER: SUBJECT:ANNUAL DOCK MAINTENANC Agenda Item #8.E. 13 May 2024 Page 141 of 199 Daryl Joseph,Director Parks,Recreation and Community Services Department 214 N Hogan Street,4mFloor Jacksonville,FL 32202 (904)255-7903 ONE CITY.ONE www.co].net JACKSONVILLE. August 4.2022 MEMORANDUM TO:Gregory Pease.Chief Procurement Division 4/M ,.1" FROM:Jitl Enz.Chief 'ff(LL -Natural and MarineResources HE:500397-22 AnnualDp'ckMainZnance-Award Recommendation In response to the solicuation for bids for Annual Dock Maintenance,the Procurement DiviSIon received responses from three (3)bids and forwarded the results to the Parks.Recreation and Community Services Department to reVIew for a recommendation of award. YEGQQT Amount HarborMarine DogkCo,Inc $5730290.00 Ha er _C_onsguct_igr?g_mpany $461,495.88 2 .85.'-l—andscapeInc .$127 375.00 After reviewing the bid,Parks,Recreation and Community Services Department respectfully recommends the award be given to lowest bidder C &L Landscape.inc. The total not-to exceed maximum indebtedness will be $500,000.00 The funding scurce wilibe: 32111-167101-565051-000962~00000000-00000-0000000 -$0.01 Your assistance in concurring with this recommendation for the respective award would be appreciated. If you have questions or need additional information regarding this request,please contact Amy Honey at 255 —7909. Attachment:Bid Tab JE/ah f: it [If Ja?KSIIIWiIIE,fllll‘ Agenda Item #8.E. 13 May 2024 Page 142 of 199 kmmzmz°=.<.5m<.r Em "mp—.02 gzmna “5mg!m0 B?uzoo 32.3.5 >¢m>_._...._n 10¢”MOE."—Io<mMOE; \ w><nm 956ms..52953S.2E: 8.33";8.98.2»a3215335.2 “.256 E ._-25 2: 8.95RF98682ma33¢5’.a5..F muz<zmmz?<sxMoa...“<:zz<. by.N, a??i<2muml “.8525 momma “328$Eu 0.9)&.voo«m.»E 32m oz 5 8283.62 an.62.2...oz .6barcoo.v 50 239."5345004.v»v«m.40 $0beam;4%.v’m.#8 .2 22.?ts...zuno AlixV.700O/(O?/«Nuhnno.0m ”.02 an .o0Ar..0 muz<szz_<:x00:.2an ”web. ”air—uh Agenda Item #8.E.13 May 2024 Page 143 of 199 TERMS AND CONDITIONS ANNUAL DOCK MAINTENANCE SCOPE The Information Technologies Division of the City of Jacksonville,Florida is currently accepting bids to obtain source(s)of supply for the items as outlined in the bid documents provided.The purpose of this bid invitation is to obtain information about your?rm and its ability to providethese item(s).’service(s)and to obtain pricing commitments for ANNUAL DOCK MAINTENANCE,as listed in the bid documents. AWARD Award will be ALL 0R NONE to the lowest responsive,responsiblebidder grand total amount.Bidders must bid on all items to be consideredfor award.ALL awards are subject to the availability of funds. TERM OF AGREEMENT The term of this agreement will be from October 1,2022 through September 30,2023,with three (3)one (1)year renewal options.Renewal Options may be exercised at the discretion of the City based on supplier performance and adherence to the terms and condition set forth in the bid documents. MINIMUM RE UIREMENTS Bidders should submit or comply with the following requirements;failure to submit any of these requirements may be grounds for rejection: a.Contractor must provide three (3)references in which the contractor has provided marine construction work within the past two (2)years b.Contractor must a have a current State of Florida issued Marine Contractor license,General Contractor License and/or a building Contractor license.A current copy must be submitted with proposal.e c.Contractor shall provide proof of applicable local business license. PRE-BID CONFERENCE Mandatory Pre—Bidmeeting will be held on June 30,2022,at 3:00 pm,Room 825,Fish Bowl Conference Room 2l4 N.Hogan Street,8lhFloor Room 825,Jacksonville FL,32202. STATE CONTRACTS The City reserves the right to utilize contracts establishedby the State of Floridaand or other governmental agencies for item(s).’service(s)covered under this bid.The city reserves the right to cancel this contract in whole or in part for such item(s)¢'service(s). UANTITIES Quantitiesindicated re?ect the estimated quantities to be purchased throughout the contract period and are subject to ?uctuation in accordance with actual requirements.The City reserves the right to add or delete items,or increase the volume of services required,or not to make any purchase against this bid if it so deems necessary at any time during the contract period. BID #SC-0397-22 Agenda Item #8.E. 13 May 2024 Page 144 of 199 10. II. 12. 13. I4. BID #SC-0397-22 DELIVERY The services in the bid documents shall be performed at various city locations throughout the City of Jacksonville,Duval County,Florida. ESCALATION/DE-ESCALATION All pricing submitted shall remain ?rm for the initial term period.Upon renewal (if applicable),a supplier may submit in writing a request for price escalation/de-escalationfor the percentage of change as listed in the Consumer Pricing Index (CPI)and/or documentation notifying of an industry wide increase.The City reserves the right to decline any price increase request. PRICES All unit prices shall include material,installation,labor,storage,freight,delivery,handling charges, disposal of damaged items (to include wood and concrete)and any other items to complete the servicesftask listed on the Speci?cations and Bid Pr0posal Form.Extended total will be calculated by multiplying unit cost price by listed approximatequantity.Extended total base bid will be calculated by adding all extended total prices together.In case of error(s),unit cost prices will govern. PICK UP AND RETURNS The City reserves the right to return an order in whole or in part if the merchandise is not in compliance with the bid speci?cations.The City or its agencies will determine compliance with bid speci?cations. Pick up and returns will be made within 48 hours of noti?cation at no charge to the City or its agencies. COMPLIANCE WITH SPECIFICATIONS The bidder,by af?xing their signature to the bid form submitted,agrees to provide item(s)t'service(s)in accordance with the bid documents provided.Bid only a single offering for each bid item.Multiple offerings,alternates (unless stated)and or stipulations may be cause for bid rejection.Bid only on forms provided herein unless otherwise stated.Bid submissions shall be in ink or typewritten.All corrections must be initialed. INVOICING Invoices will be issued once suppliest‘services are delivered and-"orrendered to the City of Jacksonville or its agencies.At a minimum,invoices must include:purchase order number or contract number,item number and description,date of shipment,quantity ordered and shipped,unit prices,unit of measure,and extended totals.Payment terms are Net 30 days.All original invoices shall be submittedthrough the City of Jacksonville lCloud procurement system or to:City of Jacksonville,General Accounting Division,l 17 West Duval Street.Suite 375,Jacksonville,Florida 32202. INSURANCE/INDEMNIFICATION Each supplier shall maintain,for the entire term of this bid,current insurance coverage as stated in the bid documents.All insurance certi?cates shall list the City of Jacksonville as an additional insured.Bid number should be listed on certi?cate.The awarded bidder is required to submit their insurance certi?cate within ten (10)days after notice of award. 26 Agenda Item #8.E. 13 May 2024 Page 145 of 199 15. BID #SC-0397— 22REPORTING The City may request,during the term of this bid,reports including but not limited to;usage,pricing,and delivery.Suppliers will be required to provide reports requested in hard copy and electronic format as required. SUPPLIER ACCESSIBILITY The City or its representative must be able to contact,during normal business hours,by telephone or email any supplier providing goods or services to the City or its agencies.Any supplier accessibility requirements outlined in the speci?cations supersede this section. 27 Agenda Item #8.E. 13 May 2024 Page 146 of 199 BID #SC-0397-22 SPECIFICATIONS ANNUAL DOCK MAINTENANCE 1-W Contractor to provide for the grand total amount to include the repair,restoring and/or replacing docks.~"dockcomponents (stationary or floating);ramps/b0ardwalksfhandrails (walk and boat); piling/piling components (wood,concrete or sheet);excavation,scouring,dredging,?lling,carpentry and concrete work as directed.Work requires furnishing all labor,material,tools,supplies,equipment,ladders, hoisting,scaffolding,barges,boats,trucks,fuel,trash disposal,cleanup,freight accessories,etc.to safely accomplishin a workmanlikemanner all work requested. Quantitieslisted are not absolute.Work requirements will be determined by field requirements.Unit prices will determine work order values.All Whalers,cover boards,fender boards,handrails and decking shall be pressure treated .60 lumber and pilings shall be pressure treated 2.5 lumber unless otherwise specified. The work may also include temporary barriers,signage,false work,clean-up to perform additional required work.The contractor may be required to mobilize and retrieve,secure,remove or dispose of any dock or debris that has become dislodged from its anchoring and is ?oat within the lake,river,wetland, waterway and ocean if so directed. All work must comply with City of Jacksonville Engineering Design Standards,Florida Building Code and 2010 ADA Standards for Accessible Design. Any work order repair exceeding the definition of the itemized unit prices deemed necessary to complete or facilitate completing a work element not described shall be paid the two (2)man crew*hourly rate plus any material”utilized at supplier invoice cost plus a mark-up of (bid amount,but not more than 10%). The hourly rate plus material will be paid according to the hourly rate and the material cost plus mark-up and additionally any specialized equipment rental or sublet work and approveddisposal hauling and fees, permit fees,regulatory applicationswill be marked up 10%for Contractor pro fit and overhead. *All work to be accomplished minimally with a two (2)man work crew (one person ofthe crew must be capable as a working supervisor)on a per hour rate including materials,transportation,taxes,insurance, overheadr'pro?t,tools and equipment.Hourly rate should be bid based on work being undetermined requiring site visit-"inspection,suggested remedy,application and performance. Hourly rate:May be considered to any requested work (dock,ramp,boardwalk,gangway,pier,structure), surveyst'reports of existing conditions,obtaining permits,exploration,cleaning and disposal of debris, spills,environmentalcleanup,vegetation eradication,silt removal,dredging,revetment work,welding, rigging/hoisting-"driving ,demolition,disposal,movinga’disposal of abandoned vessel,retrievals from water,drainage,dewatering,diving ,excavation/till.-"limerock/concrete:’rip-rap.-’?lterscreen,testing, sampling,video,temporary protection/sandbagging,scouring and barriers with mark up as applicable for materials or specialized equipment usage.(Does not include payment for estimatesfproposals) "Materials:Contractor to provide all new materials,sheet metal,trim,bolts,cables,lumber,accessories, concrete,docks,ramps,paint or coatings,specialty items,fasteners,accessories,bumpers,cleats,safety treads,signs,buoys lights,?ags,signals,piling,etc. Audi!Provisions:The nature of awards made under this bid is such that City Ordinance No.179.!12 may be applicable.The general concept of the referenced ordinance provides the City Council Auditor access 28 Agenda Item #8.E. 13 May 2024 Page 147 of 199 HI'—J -_I.I---_..-_I__rnue...|u_._.._-.r .-_.._..._-Ir -Il-"l'---.--I-.'l'lIl-f'I-I-I' _I_I.I.— --.—II--l--.-I--IrI-I—-l--"I —I'-1—‘--——-I I-.I|r-l-.I II'I'J'I'I In-r-.-=I.-I-I---I.-.-I.----I II -'--.—I"J-l-Ilu .._l._..I.I—F-_-.{II-I-JJ-I—Il I In.-.»—l-lgl—I ._._.-_I.H.._I-l—I-I'I—.-_-.lI-_._H.—1...l..—.I_..._.._.._..._..u_.I_-...1— rm;u--...n.r I..—[.._r._.I-—.-.._....._..I_--.-_.I.-...._ _-IIIl-' 'Fl-—-—I-'I-lnl——I—l"-.|-—l'—-—I|-'FI1—I--Ji—-I—-I ,._-.I_____|.._...--__.._n:III-I-I-Ill'urI-[Ial-I-rlr-IFH‘I-El-E -l-I r|.-__l1_.-I.I.-I_...i_II-II.n._II.u-.I.£.-_JI.I..I PHEL-‘fl-M'II-“'H'H'fI-‘T ?I-I'J‘F1I-I'r'!’|-'f'l 'I'II If”I —l_'il-I'WIPE-Im''E'I I—Fl—III-I‘I—Il-‘Er'uI-u-inn-“impul- -I.-.-...._.I...........IF_.I.I.I..-....__-_-_|_l_ In I-I-I.I.r1-.-I-r.-II-I--I 'l"'|l'!I-l"-Ih-I-l-I-II .-J-.._I.II._n ._-_I —I‘l-l-I-I-r|.'hum-Luau I...-I___._.I._I.I.I_.I..|_._...I....|.I l—I-IJ—r-H........_._____.--...__-_._'!.'I'__,.__.. II‘JW 'I-II- I\—-'.I-l 1-1'1_.I.I-;_I..rl.l__lll.l.-.-_-...I...a... -I--II-'-I—I-I'l--.-l°l——I-I- -II_din.»--.I_-_._I.-.I_l..II I.I III.— _I u.-—I_---_I -__.I._.—-—'-'I-l—I--I-l—.I n—"I-I-I-‘I—d-I-I-I''1'-Ir —I-I-—=-I-—.-'-"I- H'H-‘I-‘J'. -__I.I-_..I...__x~._n_.._I.I.-1—_I-_._- Half-n l-?.I.--I.A.I.I-rr-IJ--n--I.-.a -=I.-.I.I.=I.-I--I--. a._——I—Ll—l---lI-I-I-I-'-I...='l .‘II-IIIIJ -.--.I.I I-..I......._.—I'-'.'—.—l-——-—I-Iu'-'-—-lu.—I-'- l—I"lhlllfl'-l'l'l'l"l'l'l'-I.—r--u-l---l--—l-"'--I-"'-I-‘ .u-I rIn—I—Jan-ml I'l urn-“Tram .I Ill-.I-I-IEJ-I-I—llJJ—I-I J..._I.Ir. I_l...._....._II-I-...,_....Ir -P...=..—-'-l‘—_-.I- ll.ul-‘ll-‘IIP'JI-l -.-III.I-.Ir-fl"'_-'I'I'l'l' BID #SC-0397-22 to records of the contractor(s)as relates to prices charged for labor,materials,etc.under the contract resulting from this bid.A copy of this ordinance is posted on the Purchasing Division Bulletin Board for local vendor interest. The workmen after arriving at the site making the repair shall walk the immediate area and report any potential problem to Parks,Recreation and Community Services Department via phone,fax or E—mailand if minor and given direction to proceed to execute the repair to match.(Minor being less than four (4) hours work).Submit attached with invoices,a detailed report providing Name of Park,address,site of work location on the property,copies of supplier invoices and any recommended additional repairs observed needed on the site. Repairs:The primary purchase of this bid is to provide a competitive source of service for repairsand emergency repairs. The City is de?ning repairs as a necessary or an emergency to protect City assets to original functional use.Emergency is defined as a sudden occurrence of a serious and urgent nature that endangers health, equipment/supplies,safety,and/or the structure and demands immediate action. Purchase orders may include cleanup or compatible work related to the repair work or alteration for repairs or emergency without obtaining competitive quotation when the City‘s anticipates such repairs not to exceed $50,000.00.The City reserves the right to obtain additionalquotations for any emergency or urgent repair outside this agreement or piggyback other government agencies exist agreements. The Contractor shall,upon request,visit the site with the City’s representative or under their instruction, to determine the needs and provide an itemized list of repairs with unit prices from this bid award and a schedule to complete the scope.Invoices must correlate back to the purchase order.Work shall not exceed the purchase order amount including any contingency except with an agreed upon executed change order. Repairs shall begin within two (2)weeks of PO issued and be completed within sixty (60)days,except with an agreed upon extension. Mobilization:The Contractor shall provide a schedule upon determination of a sc0pe of work and work within that schedule and update unforeseen changes. The Contractor must provide an after-hour emergency number to respond to any storm—relateddamage and capable to mobilize within four (4)hours after noti?cation or sooner depending on the situation.A named contact person and phone number and fax must be kept current for both non-emergency and emergency calls, Contractor shall be prepared to secure the emergency to as safe a condition as possible upon arriVal. Parks,Recreation and CommunityServices Department considers the integrity of maintainingits facilities in a safe condition.Work orders will not be issued to the contractor who at the discretion of the Parks, Recreation and Community Services Department has failed to timely respond.It expects the work to be performed in a workmanlike manner and be consistent with manufacturers recommended practices.All work is to be done in an orderly,courteous,safe manner using new materials and leaving the site clean. All debris generated from the work items shall be disposed in an approved land?ll. Calls placed after 5:00 pm (EST)or on weekends will be paid at l 112the hourly rate.Overtime will not be paid if work starts before 5:00 pm (EST)Monday through Friday and extends beyond that time. 29 Agenda Item #8.E. 13 May 2024 Page 148 of 199 .I'II--'.-- --r--|---._II.-.|...|..._._I -_r -.'I-I-_n.|..-|.......| |.--.:|.I-.I.l -.-.-I-'II'I'l"l'-I'I- I.I_="|._l.__.-...--._a.-q.l_m..|_l_l.-.r..lu. n uni.{—-|..I'.h-I -.--I-n----u-'|—- —l--I-I-I—I--I—uld-.I-uull-I-l Lanna—p..-r--n---"1—..-1_II.._-.._|_ BlD #SC-0397-22 Overtime will be paid on City holidays for emergency work only.Work started before a holiday and extending into a holiday or weekend will be a regular hourly rate. Repairs shall provide a minimum six (6)month guarantee without a charge for callbacks. All work shall be performed in a safe manner with respect to park occupants,boater’s (boatsi'trailersltrucks),visitors,and vendor employees.Contractors must comply with all current OSHA requirements as applicable to service performed. Agenda Item #8.E. 13 May 2024 Page 149 of 199 //RP“? ITEM NO. 13 1b BID PROP AL FORM ANNUAL DOCK MAINTENANCE ESCRIPTION Mobilization By Land: Mobilizationlee to 'a speci?c repair or project.Move manpower to a site.Only one such fee shall be authorizedtor each speci?c project N0 E MobilizationBy Water: Mobilizationtee to bagt specific repair or protect.Move and manpower to a site.Only one such fee shall be authorized for each speci?c project.Does not include a barge N0 SUBSTJTUTE internal guides for 14"square pillage: Furnish materials and labor to measure.Iabricate and replace 3" x 3'x 318'angle.hot dipped.galvanized steel invaded internal pile guides with UHMWPE.UVstabilized wear blocks to match existing.lntemai guides tor 14'square pilings. N0 SUBSTITUTE internal guides for 18”square pillage: Furnish materials and labor to measure.fabricate and replace 3" x 3"x 3/8‘angle.hot dipped.galvanized steel inverted internal pile guides willt UHMWPE.W stabilized wear blocks to match existing.Internal guides for 18'square pillngs. NO SUBSTITUTE Side guides for 14"square pillage: Furnish materials and labor to measure.fabricate and replace 3" x 3'x 114‘angle.hot dipped.galvanized steel side mounted pile guides with UHMWPE.W stabilized rollers to match existing. Side guides for 14'square pilings.N0 SUBSTITUTE Side guide:for 18"aquare plllnga: Furnish materials and labor to measure.fabricate and replace 3" x 3'x “4'angle.hot dipped,galvanized steel side mounted pile guides with UHMWPE.UVstabilized rollersto match existing. Side guides for 18‘square plilnge.NO SUBSTITUTE 48”):48".a":3"):1/4"angle triangle comer frames wle pile guide rollers: Furnish materials and labor to measure.fabricate and replace 4B“:48'.3'x 3'x 1M“angle.hot dipped galvanized steel triangle corner frames without pile guide rollers.with Vz'thick starboard till-erpanel. N0 SUBSTITUTE 48":48",3"):3":31‘8"angle triangle corner frames wlo pile guide rollers: Furnish materials and labor to measure,fabricate and replace 48'x 48".3"):3’x 3/8'angle.hot dipped galvanized steel triangle corner frames withoutpile guide rollers.with ‘/2'thick starboard Tillerpanel. NO SUBSTITUTE BID #800397-22 eaten unrr unrr PRICE EXTENDED 15 10 10 10 E EA .EA EA EA TOTAL 3250 25' 150 $90 450 $1050 3 [Q‘ SOO Moo i‘ipco W50 i 3600 woo woo MES H.030 W65 f { aorta 31 Agenda Item #8.E. 13 May 2024 Page 150 of 199 mar—qt” ITEM NO. 10 11 12a 12b 13a 13b 14 15 16 T m—u-T’H '4 «w.— DESCRIPTION 48"):48".a":3"):31 "angle triangle comer frame with pile guide rollers: Furnish materials and labor to measure.fabricate and replace 48”x 48‘.3'x 3"x 3/8”angle.hot dipped galvanized steel triangle comer frames with pile guide rollers to match existing.with 1I2" thick starboard ?ller panel. NO SUBSTITUTE 30"x 22".6M in II "thick "I"plates: Furnishmaterials and labor to measure,ta bricate and replace double (top and bottom)30'x 22".6"widex 114'thick hot dipped galvanized steel ‘T'plates withhot dipped galvanized through bolts. N0 SUBSTITUTE 30”:8"“!x are"thick flat plates: Furnish materials and labor to measure,iabrlcate and replace double (top and bottom)30"x 22'.6'wide x 3ft!”thickhot dipped galvanized steel ital plates with hot dipped galvanized through bolls. N0 SUBSTITUTE clean and aurlace prepare Internal pile guide frames: Fumieh materials and labor to clean and surface prepare internal pile guide frames tor two (2)coats of cold tar epoxy.Total DFT to i be a minimum 01‘20mils. N0 SUBSTITUTE Measure.fabricate and replace pile guide frames:Furnish materials and labor to measure.fabricate and replace individual guide weer pads.Wear pads to be UHMWPE.UVstabilized of similar size to match existing (3'x 5"):2"or 1%'A’x 7'x 1/2“). N0 SUBSTITUTE Wear Pad Bracket Assembly.NO SUBSTITUTE Measure,fabricate and replace pile guide rotten; Furnish materials and labor to measure.fabricate and replace individualpile guide rollers.Rollers to be UHMWPE.UV stabilized of similar size to match existing (2.9.!16'diameter x 5" or 3414'diameterx 5")Includinga 1/4”diameter x 8'hot dipped galvanized steel shalt. NO SUBSTITUTE Guide Rotten Assembly.NO SUBSTITUTE Tighten through bolts wide no new hardware: Furnish labor only to tighten existing through bolts with no new hardware.regardless of length. NO SUBSTITUTE Replace washers and nuts for 314"diameter through bolts: Furnishmalerieis and labor to supply and replace hot dipped galvanized washers and nuts for existing 3M"diameter through bolts.regardless oi length. ND SUBSTITUTE Replace 3“"diameter through bolts: Fumlsh material and labor to supply and replace hot dipped galvanized 3/4'diameter through bolts.washers and nuts tor lengths.6'-12' NO SUBSTITUTE ?t/ APPROX. QTY 12 12 12 10 10 200 BID#SC-0397- 22EXTENDEDUNITUNITPRICETOTAL #4 ____E z EA ISMOO$ 1434 00EA5mo EA 45915ti moo EA $5 EA 140 two EA '15 M00 EA $50 $500 3:915 t 160 EA It a?1)4CD 32 naps—— Agenda Item #8.E. 13 May 2024 Page 151 of 199 ITEM NO. 17 1B 19 20 21 22 23 24 25 26 27 DESCRIPTION Replace 3M“diameter through belle: Furnish material and labor to replace 3/4'diameter bolts with equivalent stainless steel Inductee cables with threaded end with stainless steel nuts and washers.6'—12' N0 SUBSTITUTE Replace washers and nuts for 3“"diameter through bolts: Furnish materials and labor to supply and replace stainless steel washers and nuts for existing 3M”diameter through bolts, regardless of length. NO SUBSTITUTE Remove and replace 3 x 8 x 20'Whalers: Furnish material and labor to removeand replace pro-drilled inner and/or outer Whalers on deck edge (attached with existing through bolts). N0 SUBSTITUTE Remove and replace 3 x 8 x 20’Mullen: Furnishmaterial and labor to removeand replace pre-dnled outer Whalerson deck edge (attached with existing through bolts) NO SUBSTITUTE Remove and replace 3 x 14 x 20'whale": Furnish material and labor to remove and replace pro-drilled outer whaters on deck edge (attached with existing through bolts) N0 SUBSTITUTE Remove and replace 6 x 14 x 20'whetere: Fumieh material and labor to remove and replace pro-drilled inner Whalerson deck edge (attached with existing through bolts) NO SUBSTITUTE Remove and replace 4 x 10 x 20'Whalers: Furnish material and labor to remove and replace pro-drilled inner and/or outer Whalers on deck edge (attached with existing through bolts). N0 SUBSTITUTE Remove and replace 4 x 12 x 20’Whalers: Furnish material and labor to remove and replace pro-drilled inner endlor outer wheters on deck edge (attached with existing through bolls). NO SUBSTITUTE Remove and replace wood cover boards 2 x e x 20':Furnish material and labor to remove and replace wood cover boards pro-drilled for through bolls holes attached with 5.5.n'ng shank nails 2 x B's. NO SUBSTITUTE Remove and replace wood cover boards 2 x 10 x 20’:Fun-ash material and labor to remove and replace wood cover beards pro-drilled tor through bolts holes attached with 5.5.ring shank nails 2 it 10's. N0 SUBSTITUTE Remove and replace wood cover boards 2 x 12 x 20':Furnish material and labor to removeand replace wood cover boards pro-drilled for through bolls holes attached with 8.8.ring shank nails 2 x 12's. NO SUBSTITUTE (? APPROX. QTY 20 20 L/ UNIT UNITPRICE EA MO EA 295 EA $5100 EA $300 a We EA $160 EA $315 EA 5300 EA M36 EA $l'l5 BID #SC-0397-22 EXTENDED TOTAL “(000 4 too $1.000 $1.000 ei?so MW) e rm“) “.500 33 Agenda Item #8.E. 13 May 2024 Page 152 of 199 ITEM NO. 28 30 31 32 33 35 35 37 0be BID #300397-22 APPROX.EXTENDEDDESCRIPTIONQTYUNITUNITPRICETOTAL Remove and replace wood cover boards 2 x 14 x 20':Fumlsh material and labor to remove and replace wood cover boards pre-drilied for through bolts holes attached with 5.5.n'ng shank 5 EA $(to 4.Li50nails2it14's. NO SUBSTITUTE Remove and replace fender boards 1 x 12:12'not drilled: Furnish material and labor to remove and replace UHMWlender boards attached with 3/8“diameter x 5'8.8.log screws.set CX ) below surface by counter boring holes,1 x 12's not drilledfor 1°EA 1‘50 5 through ball holes. N0 SUBSTITUTE Remove and replace lender boards 1 x 12::12'pro-drilled: Furnish material and labor to remove and replace UHMWlender boards attached with 3/8”diameter x 5"8.5.leg screws,set 5 EA $50 §350belowsurfacebycounterboringholes.1 it 12's pro-drilled lor through bolt holes. NO SUBSTITUTE Remove and replace 1 x 12 x 12’grey cover boards:Furnish material and labor to remove and replace 1 x 12 HDPE grey 600coverboardsattachedwith5.5.leg screws similarto existing at 10 EA Q50 $ the Landing. NO SUBSTITUTE Remove and replace 10"Bellingham Marine All-nap“8" date: Furnish material labor to removeand replace Bellingham Marine $Almeg ‘S'cleats.through bolted withhot dipped galvanized steel 5 EA 70 \%0 bolts.10"ng “S“cleats. NO SUBSTITUTE Remove and replace 15"BellinnhamMarine Almag "S” cleats: Fumieh material labor to remove and replace BailinghamMarine 5 EA §'w mAlmeg'S"cleats.through bolted withhot dipped galvanized steel bolts.15‘Almeg 'S"cleats. NO SUBSTITUTE Remove and replace 12"square plastic pile cape:Furnish material and labor to remove and replace plastic pile caps anchored with 3M 5200 adhesive onto concrete pile.12"square 10 EA $qo (knplasticsquarecap. NO SUBSTITUTE Remove and replace 14"square plastic pile cape:Fumtsh material and labor to remove and replace plastic pile caps anchored with 3M 5200 adhesive onto concrete pile.14'Square 6 EA $[w 5 ECOplasticsquarecap. NO SUBSTITUTE Remove and replace 18"?berglass pyramid pile cap (Lending): Furnish materialand labor to remove and replace plastic pile CC)caps anchored with 3M 5200 adhesive onto concrete piles,18'8 EA $‘3)(iQ ?berglass pyramid cap (Landing). NO SUBSTITUTE Remove and replace 24"cquare plastic pile caps.Furnish material and labor to remove and replace plastic pile caps anchored with 3M 5200 adhesive onto concrete piles.24'3 EA $”,0 5]4°60?berglass pyramid cap (Landing).1 NO SUBSTiTUTE 34 Agenda Item #8.E. 13 May 2024 Page 153 of 199 ITEM NO. 383 38!: 39 4O 41 42 43 44 45 46 47 DESCRIPTION QTY Remove and replace: Fumleh material and labor to remove and replace 16 gauge copper sheet pile caps anchored with 5.8.rang shank naiis of to wood piles.10' N0 SUBSTITUTE Remove and replace: Furnishmaterial and labor to remove and replace 16 gauge copper sheet pile cape anchored with 5.5.rang shank nails of to wood piles.12' NO SUBSTn’UTE Hourly labor rate for miscellaneous work: Furnish labor at an hourly rate to do repair and maintenance such as reattach loose tender and surlace boards.adjust and reattach gangways,misc related items as directed.attach signs provided by the City.etc. No SUBSTITUTE Furnish material and labor to Install deckMallcwey:P.T.250 6"to 8"piling.P.T.2 x 6 decking and P.T.2 x 8 headers and stringers.Allfasteners shalt be hot dipped galvanized and SST 100 deck screws. NO SUBSTITUTE Remove and replace 2"xl"x12'Toe Rail. Furnish material and labor to remove and replace.100 N0 SUBSTITUTE Remove and replace Preeeure Treated. 060 2 x 4 x 16'handrails.Furnish material and labor to remove and replace. N0 SUBSTITUTE Remove and replace Preeaure Treated. 060 2 x 8 x 16'.Remove replace 2 x 6 sloped top handrail. Furnish material and labor to remove and replace. NO SUBSTITUTE Remove and replace 6"x 12"x 20'whalere: Furnish material and labor to remove and replace pro-drilled Inner end/or outer whaiers on dock edge (attached with existing 10 through bolts). NO SUBSTITUTE Remove and replace 3”x 12"x 20’inside wheten:Furnish material and labor to remove andreplace pro-drilled inner and/or outer Whalers on deck edge (attached with existing through 10 bolts). NO SUBSTITUTE Remove and replace 2"x 12”x 20'outside Whaler cover Whalers: Fumtsh material and labor to remove and replace pro-drilled inner and/or outer whaiere on deck edge (attached with existing through bolts). N0 SUBSTITUTE Furnish meterlel and labor to Install 2"n6"x8'decldwelkway: PT-A00.25,.All fasteners shall be hot dipped galvanized and SST deck screws. NO SUBSTITUTE 180 160 160 10 100 WV APPROX. BID #SC-0397- 22 mm on"pRICE EXTENDED EA HR SF SF LF LF EA EA TOTAL $.25 $260 $30 $600 at,(,0 iOIS’ OO $5.50 3 $60 at:Moo $1,200 $12,000 =3300 $3,000 $136 $t‘a‘50 e [a 13[A00 35 Agenda Item #8.E. 13 May 2024 Page 154 of 199 ITEM NO. 48 49 50 51 52 53 55 56 APPROX.DESCRIPTION OW Furnish material and labor to Install 2"xe”x16' deckM-Ikway: PY-ACQ.25.Allfasteners shall be hot clipped galvanized and 100 SST deck screws. N0 SUBSTITUTE Furnleh materiel and labor to Install 2"xe"r:18' deektwellrway: PY—ACQ.25.Allfasteners shall be hot dipped galvanized and 100 SST deck screws. NO SUBSTITUTE Fumleh material and labor to Install 2"x6"x12’ decklwalkweymendreli: PT-Aco.25.All fasteners shall be hot dipped galvanized and 100 SST deck screws. NO SUBSTITUTE Furnish materiel and Iahor to Install 8”18“x12'Post to File: PT—ACQ.40.All fasteners shall be hot dipped galvanized and 4°SST deck screws. NO SUBSTITUTE Furnleh material and labor to install 4"x4”x12'Intermediate Poet : PT—ACQAO.Allfasteners shall be hot dipped galvanized and 40 SST deck screws. NO SUBSTITUTE Furnish material and labor to Install 2":2":8’Picket Railing; PT-ACQ.25.Allfasteners shall be hot dipped galvanized and 200SSTdeckscrews. NO SUBSTITUTE Furnleh materiel and labor to lnetell 4'tall 12.5 Gauge Galvanized Steel,Black Vinyl-Coated Welded Wire.2"12“ mesh: All fasteners shall be hot dipped galvanized and SST deck screws. NO SUBSTITUTE Furnletr material and labor to Install buoys.9"Spar Buoy and Decals.[60]SST Chains for Buoy system per LF.[1]Salt Water Resistant Bungees.[4]Swivels a Shackles Ior system.and 300 1poundConcreteAnchorsandSSTEyeBolts. NO SUBSTITUTE Furnish malerlel and labor to properly remove and dispose of Gebrlefrom river and marine Ines.100 EA BID #SC-0397- 22 umr UNITPRICE a}??? 3i 2%$2.300 $31;.9300 EA EA EA FT EA will $52,400 $55 $2.300 $55 $in 3 3 $l,L¢OO $50 $2.500 $4300 $th LBS $1.50 $"i‘50 RANDT TAL:4/27‘3 '15 Any materials not listed and utilized,can be billed at supplier invoice cost plus a mark—upof i [12 9’0,but not more than 10%). Agenda Item #8.E. 13 May 2024 Page 155 of 199 SUBMIT ONE (1)ORIGINAL AND ONE (1)COPY FOR TIME:2:00 P.M. PLACE:1STFLOOR,ED BALL BUILDING,214 N.HOGAN ST., ROOM #110,JACKSONVILLE,FL 32202 BID NO.:SC-0397-22 OPEN DATE:JULY 13,2022 PARKS,RECREATION AND COMMUNITY SERVICES DIVISIO ANNUAL DOCK MAINTENANCE CITY OF JACKSONVILLE PROCUREMENT DIVISION MANDATORY PRE-BID CONFERENCE: DATE:June 30,2022 TIME:3:00 pm PLACE:Room 825,Fish Bowl Conference Room 214 N.Hogan Street,8th Floor,Jacksonville,Florida 32202 LENNY CURRY MAYOR GREGORY PEASE CHIEF PROCUREMENT DIVISION ONE CITY.ONE JACKSONVILLE. Agenda Item #8.E. 13 May 2024 Page 156 of 199 TERMS AND CONDITIONS BID FORM ................................................................ ................................................................ ........................................... GENERAL CONDITIONS ................................................................... ................................................................... ............. 15 SUPPLEMENTAL CONDITIONS .................................................................... .................................................................. 18 CONFLICT OF INTEREST CERTIFICATE ............................................................24 EQUALBUSINESS OPPORTUNITY PROGRAM ..............................................................2 ANNUAL DOCK MAINTENANC SPECIFICATIONS................................................................. ................................................................. ............................. 2 8 BID PROPOSAL FORM .................................................................... .................................................................... .............. 31 PROTEST PROCEDURES .................................................................. .................................................................. .............. 37 DISQUALIFIED/PROBATIONARYVendors List .............................................................. ............................................... 40 NO BID FORM 41 REQUIRED SUBMITTAL CHECKLIST Si ned Bid Form Bid Pro osal Form Conflict of Interest Re uirements Listed in S eci?cations Addendums 25 BID #SC-0397- CONTENTS Agenda Item #8.E. 13 May 2024 Page 157 of 199 EQUAL BUSINESS OPPORTUNITY PROGRAM PROJECT GOALS PLANS ENCOURAGEMENT/PARTICIPATION/SET— provide pricing (based on scope of work provided by bidder/proposer) Note:JSEB vendor must A.POLICY Pursuant to Part 6 of Chapter 126,Jacksonville Ordinance Code,the City of Jacksonville encourages the utilization and participation of Jacksonville Small and Emerging Businesses (JSEBs)in its contract awards based upon availability.It is the City’s intent in adopting this program to re?ect the philosophy with regards to enhancing participation of J SEBs in all areas of procurement. Please be advised that,to be counted toward meeting the participation percentage goal defined herein,all JSEBs shall be certi?ed by the City in accordance with Part 6 of Chapter 126,Jacksonville Ordinance Code,AT THE TIME OF BIDOPENING. All designations (to include Encouragement)the bidder/proposer must adhere to the following process: 0 The bidder/proposer shall provide interested JSEB’s with timely ( adequate information about the plans,speci?cations,and other such requirements of the bid documents to facilitate a prepared and adequate response/quote. o The bidder/proposer must follow up the initial solicitation with the BBQ of?ce. and not a price or percentage “given” by the bidder/proposer. 0 Identify a portion of work available to JSEB’s using the Letter of Intent and attach the Scope of work to be provided for each vendor. o Bidder proposer must call the EBO office to obtain the list of JSEB’S that are ready,willing and able.The JSEB of?ce has 24 hours to provide the requested list of vetted JSEB’s;however contractors can also review the list on line. 0 In the event that a bidder/proposer must submit alternate pricing and if affects the J SEB goal there must be a scope of work provided to the JSEB and the scope as well as the alternate pricing must be submitted with the bid documentation. In the event bidders/proposers are unable to obtain bids from JSEB subcontractors that equal or exceed the percentage established in the participation goals,shall at minimum,submit,at the time of bid opening a Notice of Intent to Submit the Good Faith Effort Form (Form 4).This is outlined in the Good Faith Effort category in Section I. B.JSEB OBLIGATION Bidders/proposers are required to make all efforts reasonably possible to ensure that JSEBs have a full and fair opportunity to compete for performance on this project.Contractors shall not discriminate on the basis of race,ethnicity,national origin or gender in the award and performance of the work under this contract. C.ELIGIBILITY 1.To be considered eligible for contract award,the Contractor shall include with the bid/proposal an original Form 1 (Schedule of Subcontractor/Subconsultant Participation). a.For solicitations that are not project speci?c,such as:misc.services,design build,etc.;a percentage will initially be accepted with the bid submittal on Form 1 and the Letters of Intent. b.For solicitations that are project speci?c you will be required to provide a dollar amount on Form 1 and on all Letters of Intent.“TBD”will not be accepted. at a minimum 1 week notice prior to bid submission) BID #SC-0397-22 Agenda Item #8.E. 13 May 2024 Page 158 of 199 BID #SC-O397-22 2.Each certi?ed JSEB must submit to the prime contractor a Letter of Intent and scope of work to perform a speci?c task related to the project.The Letter of Intent must include the JSEB subcontractor’s name,the scope of work to be performed,and the dollar value of the work to be performed by the J SEB (the information contained in the Letters of Intent must re?ect the information contained in the bidder’s Schedule of Subcontractor/Subconsultant Participation). Copies of the Form 1 and the Letters of Intent signed by the J SEB subcontractors or suppliers must be submitted at the time of the scheduled bid opening.Failure to submit the Letter(s)of Intent at the scheduled bid opening may result in the bid in question being rejected as non-responsive. a.All JSEBs must be subcontracted in the area that they are licensed and certi?ed,in accordance with the requirements of Part 6,Chapter 126,Jacksonville Ordinance Code. D.COMPLIANCE All bidders,proposers or subcontractors participating in this project are hereby noti?ed that failure to fully comply with the City’s J SEB policy as set forth herein shall constitute a breachof contract which may result in termination of the contract,or such other remedy as deemed appropriate by the Owner.Such penalties as outlined in Section 126.201(l), Jacksonville Ordinance Code,will apply. E.CONTRACT AWARD The City proposes to award the contract to the responsive,responsible bidder submitting a reasonable bid,provided:(i)the bidder has met the goals for J SEB participation;or (ii)if unable to meet the goals,the bidder has timely submitted an acceptable Good Faith Effort Statement and supporting documentation that demonstrates,pursuant to Part 6 of Chapter 126,Jacksonville, Ordinance Code,a suf?cient attempt to meet the JSEB participation goals as established herein.Bidders are advised that the City has sole discretion and authority to determine if any bidder has made a “Good Faith Effort.”The City reserves the right to reject any or all bids submitted.The City will have discretion to reject any bid or exclude a prospective bidder from submitting a bid who has been non-responsive to JSEB program requirements without satisfactory justi?cation accepted by the Chief of Procurement.Rejections hereunder may be timely protested pursuant to the city’s Procurement Protest Procedures,a copy of which is included as part of these bid documents. F.SUBCONTRACT CLAUSE 1.All bidders hereby agree to incorporate the JSEB participation,policy,goals,conditions,and instructions in all agreements that offer JSEB participation subcontracting opportunities. 2.If a change order presents further subcontracting opportunity beyond current subcontracting,the prime contractor shall make positive efforts to further include JSEB participation. 3.The JSEB prime contractor shall perform at least 40%of the total amount of the work to be performed under this Contract with its own workforce.Subletting of any Work under this Contract shall not relieve the JSEB prime contractor of its full responsibility for the proper and timely performance and for its selection of Subcontractor (s). G.POST AWARD RE UIREMENTS After the award of the contract,failure on the part of the successful contractor to subcontract with J SEBs at a percentage level equal to or higher than stated on Form 1,may put the contractor in violation and is subject to penalties outlined in Chapter 126, Jacksonville Ordinance Code. H.PAYMENT OF SUBCONTRACTORS Prime contractors shall certify in writing that ALL subcontractors and suppliers have been paid for work and materials from previous progress payments received (less any retainage)as a condition precedent to prior to receipt of any further progress payments.Prime contractors shall be obligated to pay subcontractors within 3 days of receipt from the City of funds and must con?rm payment to the City.Prime contractor shall have a continuing obligation to pay all subcontractors and suppliers equal to the amount of work and materials furnished on this project at the direction of the prime contractor and for which amount prime contractor includes in its request or application for payment that it submits to the city in order to induce payment for the same;otherwise,within 10 business days after receiving written notice from the city,prime contractor shall return to the city any and all amounts it has been paid by the city that prime contractor failed to pay its subcontractorsor suppliers in contradiction to information contained in a corresponding request or application for payment submitted by prime contractor.Additionally, Agenda Item #8.E. 13 May 2024 Page 159 of 199 BID #SC-0397-22 failure to comply with the requirements of this section may result in penalties imposed upon prime contractor,including without limitation those outlined in Chapter 126,Jacksonville Ordinance Code. 1.GOOD FAITH EFFORTS Bidders who are unable to meet the stated JSEB participation goals set forth herein are required to submit to the Chief of Procurement Division:(i)a Notice of Intent to Submit a Good Faith Effort Statement at the time of bid opening;and (ii)a completed Good Faith Effort Form (Form 4)and all supporting documentation,that demonstrates all of the bidder’s efforts in the solicitation of subcontractors to meet the JSEB participation goals on this project,which will be evaluated in accordance with the factors outlined in Part 6 Subpart D of Chapter 126,Jacksonville Ordinance Code,including without limitation §§ 126.618. Failure to submit the Good Faith Effort Statement and supporting documentation at the scheduled bid opening:(i)shall constitute a waiver of any right to have the same considered;and (ii)may result in the bid in question being rejected as non-responsive. If the J SEB Administrator ?nds that a bidder/proposerdid not make suf?cient Good Faith Efforts,the J SEB Administrator shall communicate this ?nding to the user department and recommend that the bid/proposal be rejected.A bidder/proposer may protest this determination pursuant to the City's bid protest procedures. NOTE:The City will investigate and verify information submitted in determining Good Faith Effort,and,among other factors,will compare the same with the performance of other bidders in their attempt to meet the participation goals de?ned herein. J .EXCLUSIONARY AGREEMENTS Agreements between any bidder/proposer and a J SEB in which the J SEB promises not to provide subcontracting quotations to other bidders are prohibited and may result in both the bidder/proposer and the JSEB being subject to the penalties outlined in Chapter 126,Jacksonville Ordinance Code. K.JOINT VENTURE SUBMITTAL For Capital Improvement,contractors submitting as Joint Venture must be certi?ed as a joint venture at the time of bid opening.Information concerning submitting a bid as a Joint Venture may be obtained from the Procurement Division,214 N.Hogan Street,Suite 800,Jacksonville, FL 32202,(904)255-8800.Failure to meet the deadline for certi?cation as a Joint Venture may deem a proposal non-responsive. L.SUBSTITUTIONS 1.The contractor cannot make changes to the Schedule of Participation or substitute subcontractors named in the Schedule of Participation without the prior written approval of the JSEB Administrator upon recommendation of the Ombudsman.Unauthorized changes or substitutions shall be a violation of this chapter and may constitute grounds for rejection of the bid or proposal or cause termination of the executed contract for breach,the withholding of payment and/or subject the contractor to contract penalties or other sanctions. 2.All requests for changes or substitutions of the subcontractors named in the Schedule of Participation shall be made to the Ombudsman with a copy to the J SEB Administrator in writing and shall clearly and fully set forth the basis for the request.A contractor shall not substitute a subcontractor or perform the work designated for a subcontractor with its own forces unless and until the Administrator approves such substitution in writing.A contractor shall not allow a substitutedsubcontractor to begin work until both the JSEB Administrator and the City's project manager have approved the substitution. 3.The facts supporting the request must not have been known nor reasonably should have been known by either party prior to the submission of the Schedule of Participation.Bid shopping is prohibited.The contractor must bring this dispute to the Ombudsman for resolution. 4.The Administrator's ?nal decision whether to permit or deny the proposed substitution,and the basis,therefore,will be communicated to the parties in writing by the Administrator,with a copy to the CA0. 5.If the City requires the substitution of a subcontractor listed in the Schedule of Participation,the contractor shall undertake Good Faith Efforts to ful?ll the Schedule of Participation if the Project Speci?c Goals would not otherwise be met.If the Goal(s)cannot be reached and Good Faith Efforts have been made,the contractor may substitute with non-JSEBs. 6.If a Contractor plans to hire a subcontractor on any scope of work that was not previously disclosed in the Schedule of Participation,the contractor shall obtain the approval of the J SEB Administrator to modify the Schedule of 5 Agenda Item #8.E. 13 May 2024 Page 160 of 199 BID #SC-0397— 22ParticipationandmustmakeGoodFaithEffortstoensurethatJSEBshaveafairopportunitytobidonthe new scope of work. 7.Changes to the scopes of work shall be documented by the User Department at the time they arise,to establish the reasons for the change and the effect on achievement of the Project Speci?c Goal(s). M.J SEB MONTHLY REPORT A completed JSEB Monthly Report (See Form 3)will be included with each pay request.Prime Contractor is required to maintain records of the J SEB Monthly Reports for three (3)years. N.CALCULATION OF J SEB PARTICIPATION 1.Credits toward the J SEB goal will be based on the percentage of work actually performed by JSEBs. 2.If a certi?ed JSEB bidder bids as a prime contractor,it will meet the established goal by virtue of being a certi?ed J SEB;nevertheless,JSEBs who bid as prime contractors are encouraged to make every attempt to subcontract with other JSEBs. 3.Subject to the requirements of Part 6 of Chapter 126,Jacksonville Ordinance Code,credit towards the JSEB goal allowed for a joint venture involving a JSEB will be equal to the same percentage as the percentage of ownership and control of the J SEB participants in the joint venture.The eligibility of a J SEB joint venture will be determined on a project-by project basis.A joint venture must be certi?ed as a J SEB joint venture at the time of bid opening in order for the participation of the J SEB partner to be counted towards the JSEB goal requirement.The J SEB partner’s share in the ownership,control,management responsibilities,risks and pro?ts of the joint venture must be at least twenty- ?ve percent (25%)and the J SEB partner must be responsible for a clearly de?ned portion of the work to be performed. 4.The BBQ of?ce will accept participation from certi?ed JSEB companies that are certi?edat the time of bid opening, and that are immediately subordinate to subcontractors and sub—consultants,toward meeting percentage goals. 5.The BBQ of?ce will accept 100%of purchase price for materials from JSEB suppliers towards meeting JSEB percentage goals. 0.PENALTIES Severe penalties,including without limitation those outlines in Chapter 126,Jacksonville Ordinance Code,may apply to non- compliance with the Equal Business Opportunity Program and other violations of applicable federal,state,and local laws statutes,ordinances,rules and regulations. P GOAL The designation of this project is ENCOURAGEMENT IfParticipation PERCENT TO BE PERFORMED BY CITY CERTIFIED JSEBs AT THE TIME OF BID OPENING (ANY COMBINATION) (REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK) Agenda Item #8.E. 13 May 2024 Page 161 of 199 www.'seb.co'.net J SEB Goals de?ned ENCOURAGEMENT It is an of?cial policy of the City of Jacksonville to encourage the maximum participation of Jacksonville Small Emerging Business (JSEB) in its contract awards based upon availability. Under the encouragement plan,vendors are required to make all efforts reasonably necessary to ensure that City certi?ed JSEB have a full and fair opportunity to compete for performance on this project. Bidders/Suppliers/Consultants or any entity doing business with the City shall not discriminate on the basis of race,ethnicity,national origin or gender in the aWard and performance of the work under this contract. Please use the attached form 1 (Schedule of Participation)to submit J SEB Participation on this Bid.You may contact the Jacksonville Small &Emerging Business Of?ce at (904)255-8620 to verify the status of a JSEB or visit our web site at PARTICIPATION The following goals apply to this contract and submissions of a bid by a prospective contractor shall constitute full acceptance of all conditions outlined in the bid documents,Chapter 126,Jacksonville Ordinance Code,and the prospective contractor’s bid proposal. The attainment of JSEB participation goals established for this contract will be:(i)based upon JSEBs certi?ed by the City AT THE TIME OF BID OPENING in accordance with Part 6 of Chapter 126,Jacksonville Ordinance Code;and (ii)measured as a percentage of the total dollar value of the contract or,in the case of alternates,the percentage is calculated on the base bid for the purpose of the award;however,the contractor is expected to make every attempt to meet or exceed the stated goals when the alternates are awarded. SET-ASIDE It is an of?cial policy of the City of Jacksonville to encourage the maximum participation of Jacksonville Small Emerging Business (JSEB) in its contract awards based upon availability.It is the City’s intent in adopting this program to re?ect the philosophy with regard to enhancing participation of J SEBs in all areas of procurement. The Set Aside Plan is designated for certi?ed Jacksonville Small Emerging Business participation only pursuant to Ordinance 2004-602-E, Section 126.613 (subsequently revised pursuant to 2005-944-E).All bidders responding must be J SEB certi?ed prior to bid opening. The JSEB prime contractor shall perform at least 40%of the total amount of the work to be performed under this contract with its own workforce.Notwithstanding this provision,a JSEB prime contractor should be prepared to demonstrate its own experience, licensing,capacity and/or ability to perform 100%of the total amount of the work being solicited,and,for purposes of award,a J SEB prime contractor should not rely upon sub-contractors or sub-consultants to meet any minimum requirements or quali?cations. Subcontracting of any work under this contract shall not relieve a J SEB prime contractor of its full responsibility for the proper and timely performance and for its selection of subcontractor(s). In addition to the bidding requirements speci?ed elsewhere in these contract documents,under the Set Aside Plan,bids will only be accepted from bidders who are certi?ed by the City as a JSEB AT TIME OF BID OPENING,in accordance with Chapter 126,City Ordinance Code. You may contact the Jacksonville Small &Emerging Business Of?ce at (904)255-8620 to verify the status of a JSEB or visit our web site at (REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK) www.JSEB.co’.net BID #SC-O397— Agenda Item #8.E. 13 May 2024 Page 162 of 199 *Please list all JSEB Su liers NAME OF SUB FIRM JSEB (YIN)TYPE OF WORK TO TOTAL BE PERFORMED CONTRACT VALUE NUMBER TOTAL BASE BID AMOUNT NAME OF BIDDER BID #SC-0397-22 J SEB FORM 1 CITY OF JACKSONVILLE SMALL &EMERGING BUSINESS PROGRAM SCHEDULE OF J SEB SUPPLIER/CONSULTANT/SUBCONTRACTOR The undersigned acknowledges and agrees that,if any of the above-listed JSEBs are not,for any reason,properly certi?ed with the City,in accordance with Ordinance 2004-602,at the time of bid opening,the same will not be counted toward meeting the participation percentage goal as de?ned herein. The undersigned will enter into a formal Agreement with the J SEB Suppliers/Consultants/Subcontractorsidenti?ed herein for work listed in this schedule,as well as any applicable alternates,conditioned upon execution of a contract with the City of Jacksonville.Under penalties of perjury I declare that I have read the foregoing conditions and instructions and the facts are true to the best of my knowledge and beliefs. The designation of this project is:Encouragement_X_Participation Set Aside Date:Title:Signature: Signature of Prime Contractor PROJECT TITLE Agenda Item #8.E. 13 May 2024 Page 163 of 199 2 BID #SC— I,the undersigned,understand that the price below is representative of my intent to perform the scope of work attached.I further understand that this price is subject to increase or decrease due to the City of Jacksonville bid requirements.All work must meet the City of Jacksonville bid speci?cations. JSEB FORM 2 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR or SUB-CONSULTANT *Total amount of work to be performed or materials to be supplied,including Sales Tax Signature of J SEB Supplier/Consultant/Title Date Subcontractor *For solicitations that are not project speci?c,such as:misc.services,design build,etc.;“TBD”will not be accepted with the bid submittal on Form 1 and the Letters 0 Intent at a minimum should include a ercenta e o JSEB usa e.For solicitations that are project speci?c you will be required to provide a dollar amounton Form 1 and on all Letters of Intent.“TBD”will not be accepted. This form must be used for Letter of Intent. *Scope of Work Attached (Name of J SEB Supplier/Consultant/Subcontractor) Name of Project: Bid Number: Agenda Item #8.E. 13 May 2024 Page 164 of 199 BID #SC-0397-22 FORM 3 CITY OF JACKSONVILLE SMALL &EMERGING BUSINESS PROGRAM FINANCE &ADMINISTRATION DEPARTMENT CONSULTANT AND CONTRACTOR’S MONTHLY REPORT PRIME CONTRACTOR NAME:PROJECT TITLE: ?FESSIONALSERVICES (RFP)NO.-OR-CITY BID NO. CURRENT CONTRACT TOTAL AMOUNT $ INVOICE INFORMATION N/A N/A N/A COMPANY NAME FEDERAL ID.NO.ZIP CODE TYPE OF WORK 5;THIS PAYMENT JSEB SUPPLIER/CONSULTANT/SUBCONTRACTORS TO BE PAID FROM THIS INVOICE TYPE OF WORK COMPANY NAME FEDERAL ID.NO.ZIP CODE JSEB TYPE '$THIS PAYMENT INVOICE NO.: FOR PERIODENDING DATE: CONTRACT GOAL TRACKING JSEB SUPPLIER GOAL S: PRIOR MONTH CUMULATIVE JSEB SUPPLIER $1 PRIOR MONTH CUMULATIVE NON—JSEB SUPPLIER $2 CUMULATIVE JSEB SUPPLIER S: CUMULATIVE NON—JSEB SUPPLIER 3: CITY CONTRACT NO.or PO NO. CURRENT INVOICE $2 CUMULATIVE INVOICED $2 %CONTRACT COIVH’LETE: J SEB SUPPLIER GOAL %: FORMULA FOR CURRENT MONTH %: CUMULATIVE $/CUMULATIVE $INVOICED CUMULATIVE JSEB SUPPLIER 0A; CUMULATIVE NON-JSEB S_UPLIER ° TOTAL Notes: 1.THIS MONTHLY FORM MUST BE COMPLETED AND SUBMITTED WITH ALL REQUESTSFOR PAYMENT AND FINAL PAYMENT. 2.Contractor shall attach to this form a typewritten explanation of any differences in JSEB participation from original contract commitment. DATE PROCESSED DOCUMENT NO.INDEX CODE —SUBOBJECT -PROJECT NO.-DETAIL PAYMENT ‘JSEB (Jacksonville Small Emerging Business) 2 TYPE OF WORK:Examples:Catering,Clerical,Consulting,Engineering.Hauling,Janitorial,Masonry,Site Clearing,Technical Support,etc... FOR CITYOF JACKSONVILLEUSE ONL 5 THIS 10 NON-JSEB SUPPLIER/CONSULTANT/SUBCONTRACTORS TO BE PAID FROM THIS INVOICE TOTAL Agenda Item #8.E. 13 May 2024 Page 165 of 199 Date Submitted:Bid Number:Agency' Contractor Name:Company Address: BID #SC-0397— 22JSEBFORM4 CITY OF JACKSONVILLE SMALL &EMERGING BUSINESS PROGRAM W The intent of this form is to document the good faith effort attempts made by the apparent low bidder in soliciting J SEB ?rms to meet the JSEB project goal.Please note that the project goal will not be waived,and the contractor must make efforts to achieve the goal throughout the life of the contract. Every work type where there is a certi?ed JSEB,the apparent low bidder must submit the form as follows: EII'E .l'l l'[.l'1.!IISEBQEE City State:Zip code:Phone: Goal Percentage:Commitment Percentage:Unattained Percentage: I certify that the information contained in this good faith effort documentation form is true and correct to the best of my knowledge. I further understand that any willful falsi?cation,fraudulent statement,or misrepresentation will result in appropriate sanctions which may involve debarment and/0r prosecution under applicable State and Federal laws. Bidder/Authorized Representative Signature: Representative Title:Date: 1 Date:Witness: Agenda Item #8.E. 13 May 2024 Page 166 of 199 BID #SC-0397-22 Contact Name (First and Last)Contact Date Contact Method Contact Results Bid Amount Contact Name (First and Last)Contact Date Contact Method Contact Results Bid Amount Work Type Number Description of Work,Service or Material J SEB Firm Name GOOD FAITH EFFORT DOCUMENTATION J SEB FORM 4 (Cont) CITY OF JACKSONVILLE SMALL &EMERGING BUSINESS PROGRAM Comments: Contact Name (First and Last)Contact Date Contact Method Contact Results Bid Amount Work Type Number Description of Work,Service or Material J SEB Firm Name 1 Comments: Work Type Number Description of Work,Service or Material JSEB Firm Name Comments: Agenda Item #8.E. 13 May 2024 Page 167 of 199 GOOD FAITH EFFORT RE UIREMENTS JSEB FORM 4 (Cont) CITY OF JACKSONVILLE SMALL &EMERGING BUSINESS PROGRAM GOOD FAITH EFFORTS Proposers who fail to meet the stated J SEB participation goals set forth in Section “I”are required to submit with their proposal all efforts that would demonstrate a “Good Faith Effort”in the solicitation of subcontractors to meet the J SEB participation goals on this project.‘ The following categories,without limitations,may be utilized in considering Good Faith Efforts as outlined in Chapter 126, Jacksonville Ordinance code: (1)A contact log showing the name,address,and contact number (phone or fax)used to contact the proposed certi?ed subcontractors, nature of work requested for quote,date of contact,person making the effort; (2)The description of work for which a quote was requested; (3)The amount of the quote given,if one was obtained; (4)The list of divisions of work not subcontracted and an explanation why not;and (5)Subcontractor information as requested by forms developed by the Department. If the JSEB Administrator ?nds that a bidder/proposer did not make suf?cient Good Faith Efforts,the JSEB Administrator shall communicate this ?nding to the user department and recommend that the bid/proposal be rejected.A bidder/proposer may protest this determination pursuant to the City's bid protest procedures. NOTE:The City will investigate and verify information submitted in determining Good Faith Effort and will compare the same with the performance of other proposers’attempts to meet the participation goals de?ned herein. SOLICITATION EFFORTS -Should include your efforts to solicit quotes,through all reasonable and available means,the interest of all certi?ed ?rms who have the capability to perform the work of the contract.The bidder should ensure that the requests are made within suf?cient time to allow JSEB ?rms to respond.The contractor should take the initiative to contact ?rms which have indicated an interest in participating as a subcontractor/supplier. ADDITIONAL EFFORTS -Utilizing the services offered by the City of Jacksonville Small and Emerging Business Office for assistance with recruitment efforts.Contractors are encouraged to undertake and document any other efforts taken in their attempt to ful?ll the project goal. Revised:2021 1 BID #SC- Agenda Item #8.E. 13 May 2024 Page 168 of 199 1 P)’ BID #SC-O397— DATE: City of Jacksonville Procurement Division BASIS OF AWARD:ALL OR NONE TO THE LOWEST RESPONSIVE,RESPONSIBLE BIDDER. Terms of Payment:Net or %discount days discounts offered for a ment eriods of less than 30 da 5 will not be considered in recommendation of award MATERIAL IS F.O.B. B'dders Certlflcatlon Delivery will be made in no less than business days from receipt of Purchase Order. THIS FORM MUST BE SIGNED AND INCLUDED IN BID SUBMISSION COMPANY NAME AND ADDRESS:SUBMIT BID IN DUPLICATE Bid to be submitted before 2:00 PM.in Suite #105,214 N.Hogan St This bid willopen on 7/13/2022 at 2:00 PM. Ed Ball Building,Suite #110,214 N.Hogan St,Jacksonville,FL Responses to bid must be in ink or typewritten. FID/SSN #PURCHASING ANALYST:Ruben Ola EMAIL:rubeno co'.net BID SECURITY RE UIREMENTS:TERM OF CONTRACT: None Required The term of the agreement will be from October 1,2022 through September 30,2023, with three (3)one (1)year renewal options. SAMPLE REQUIREMENTS:PERFORMANCE BOND: None Required None Required QUANTITIES:_ Quantities indicated re?ect the approximate FOR TECHNICALINQUIRIES CONTACT‘ quantities to be purchased throughout the Ruben Ola rubeno@coj.net contract period,and are subject to fluctuations in accordance with actual requirements_Monday,7/5/22 @ 1.00 p.m.,is the Deadline for submitting any qUESti0n(S)in wrlting t0 the Purchasing Analyst. ANNUAL DOCK MAINTENANCE We have received addenda through Print Individual's Name &Title Phone Number Fax Number Handwritten Signature of Authorized Of?cer of Firm Date Email Address AGENCY:PARKS,RECREATION AND COMMUNITYSERVICES DIVISION BID FORM Agenda Item #8.E. 13 May 2024 Page 169 of 199 BID #SC-0397-22 GENERAL CONDITIONS 1.RESERVATIONS:The City of Jacksonville,Florida reserves the right to reject any or all bids or any part thereof and/or to waive information if such action is deemed to be in the best interest of the City of Jacksonville. The City reserves the right to cancel any contract,if in its opinion,there be a failure at any time to perform adequately the stipulations of this invitation to bid,and the general conditions and speci?cations which are attached and made part of this bid,or in any case of any attempt to willfully impose upon the City materials or products or workmanship which is,in the opinion of the City,of an unacceptable quality.Any action taken in pursuance of this latter stipulation will not affect or impair any rights or claim of the City to damages for the breach of any covenants of the contract by the contractor.The City also reserves the right to reject the bid of any Bidder who has previously failed to perform adequately after having once been awarded a prior bid for furnishing materials similar in nature to those materials mentioned this bid. Should the contractor fail to comply with the conditions of this contract or fail to complete the required work or furnish the required materials within the time stipulated in the contract,the City reserves the right to purchase in the open market,or to complete the required work,at the expense of the contractor or by recourse to provisions of the faithful performance bond if such bonds if required under the conditions of this bid. Should the contractor fail to fumish any item or items,or to complete the required work included in this contract,the City reserves the right to withdraw such items or required work from the operation of this contract without incurring further liabilities on the part of the City thereby. SHOULD ANY BIDDER HAVE ANY QUESTIONSAS TO THE INTENT OR MEANING OF ANY PART OF THIS BID THEY SHOULD CONTACT THE PROCUREMENT DIVISION IN TIME TO RECEIVE A WRITTEN REPLY BEFORE SUBMITTING ITS BID. All items furnished must be completely new,and free from defects unless speci?ed otherwise.No others will be accepted under the terms and intent of this bid. Buyer reserves the right to terminate the Contract or Purchase Order at any time and for any reason by giving written notice to Contractor unless otherwise speci?ed within the solicitation documents.If the Contract or Purchase Order is terminated for convenience as provided herein,Buyer will be relieved of all further obligations other than payment for that amount of Goods or Services actually provided to the date of termination. 2.QUOTATIONS:No Bidder will be allowed to offer more than one price on each item even though he may feel that he has two or more types or styles that will meet speci?cations.Bidders must determine for themselves which to offer.IF SAID BIDDER SHOULD SUBMIT MORE THAN ONE PRICE ON ANY ITEM ALL PRICES FOR THAT ITEM WILL BE REIECTED AT THE DISCRETION OF THE CHIEF OF THE PROCUREMENT DIVISION. 3.TAXES:The City of Jacksonville,Florida is exempt form the following taxes:(a)State of Florida Sales Tax by Certi?cate No 26-00-107377—54C;(b)Manufacturer's Federal Excise Tax Registration No.59-6000.344. 4.CARTAGE:No charge will be allowed for cartage or packages unless by special agreement. 5."OR EQUAL"INTERPRETATION:Even though a particular manufacturer's name of brand is speci?ed,bids will be considered on other brands or on the products of other manufacturers unless noted otherwise.On all such bids the Bidder will clearly indicate the product (brand and model number)on which he is bidding,and will supply a sample or suf?cient data in detail to enable an intelligent comparison to be made with the particular brand or manufacture speci?ed.All samples will be submitted in accordance with procedures outlined in the paragraph on SAMPLES.Catalog cuts and technical descriptive data will be attached to the original copy of the bid where applicable.Failure to submit the above information may be suf?cient ground for rejection of bid. 6.DEVIATIONS TO SPECIFICATIONS:In addition to the requirements of paragraph ?ve,all deviations from the speci?cations must be noted in detail by the Bidder,in writing,at the time of the submittal of the formal bid.The absence of a written list of speci?cation deviations at the time of submittal of the bid will hold the Bidder strictly accountable to the City to the speci?cations as written.Any deviation from the speci?cations as written not previously submitted,as required by the above,will be grounds for rejection of the material and/or equipment when delivered. 7.DATA REQUIRED TO BE SUBMITTED WITH REFERENCE TO BID: a.Whenever the speci?cations indicate a product or a particular manufacturer,model,or brand in the absence of any statement to the contrary by the Bidder,the bid will be interpreted as for the exact brand,model,or a manufacturer speci?ed,together with all accessories,qualities,tolerances,compositions,etc.enumerated in the detailed speci?cations. b.If no particular brand,model or make is speci?ed,and if no data is required to be submitted with this bid,the successful contractor,after award and before manufacturer or shipment:may be required to submit working drawings or detailed descriptive data suf?cient to enable the City to judge if each requirement of the speci?cations is being complied with. 8.SAMPLES:The samples submitted by Bidders on items which they have received an award may be retained by the City until the delivery of contracted items is completed and accepted.Bidders whose samples are retained may remove them after delivery is accepted. Samples on which Bidders are unsuccessful must be removed as soon as possible after an award has been made on the item or items for which the samples have been submitted.The City will not be responsible for such samples if not removed by the Bidder within 30 days after the award has been made.The City reserves the right to consume any or all samples for testing purposes. Bidders will make all arrangements for delivery of samples to place designated as well as the removal of samples.Cost of delivery and removal of samples will be borne by the Bidder. All sample packages will be marked "Sample for the Procurement Division"and each sample will bear the name of the Bidder,item number,bid number and will be clearly tagged or marked in a substantial manner.Failure of the Bidder to clearly identify samples as indicated may be considered suf?cient reason for rejection of bid. 9.PERFORMANCE BOND:When applicable,the successful Bidder on this bid must furnish a performance bond as indicated in the speci?cations,made out to the City of Jacksonville,Florida,prepared on an approved form,as'security for the faithful 15 Agenda Item #8.E. 13 May 2024 Page 170 of 199 .I II I I I .= —-'II .II ‘ .I I-'.I ' I.-III I I I I I_II I II I II I I II I I II I .II I II I I '.\.I:I r:j A -”‘ I I I I I - I I..I -III -I -II I -II 'I -'':5 __I.-II I II |II-I . I III I I II I II II .I 'I z I I .II I I -I I II I I II III I L 'l I II I I ‘H .. I I I I '--I II ,I L .I II II I :-.III I .' I I I l I II.-l l l I :-'--I I I -I :I I "I I II 'I a '' II I 'I I-I I I e I I ;I_II II I ‘I 'II I I I ' -I II -A II 1-H II -I I II -- II““- I .-I ...'|l ‘b .I _I E II II.-I-I II 'II II 'I'-‘ _. I . I I I I I II|II I I _II I -I _I -.II _ I o I -I I..II .II 1 II I;I _.I ..II.I .I I .I .II II I.-II )I I I I III I. _ I '-I z .2 I-I I II .W ".II I I '' I I I . I I I .I , I I ;I .- , -I -:III I I I -‘''I “ 'I-II I '--':I ‘ I v H I I MI I'.I '.''II I..I -.I II t.. I I: II I II I I I I II II I I I H | I II u I II .II II I..I I u I II -.l 'Il 'II II II ''''‘ 'I I I I I II --I.I H v- ' I _-I ‘V -‘ l . II I I II I I I I I I I III I 4 H: II VI I I I I I II II -_ I II I I I :_.;.I (I t:-II II I I I -‘.-II II II -. BID #SC-0397-22 performance of his contract within ten days of his noti?cation that his bid has been accepted.The surety thereon must be such surety company as are authorized and licensed to transact business in the State of Florida.Attorneys in facts who sign bid bonds must ?le with each bond a certi?ed copy of their power of attorney to sign said bonds.The successful Bidder or Bidders,upon failure or refusal to fumish within ten days after his noti?cation the required performance bonds,will pay to the City of Jacksonville,Florida,as liquidated damages for such failure or refusal an amount in cash equal to the security deposited with his bid. 10.PROVISION FOR OTHER AGENCIES:Each Bidder agrees when submitting his bid that he Will make available to all City agencies and departments,bi-City agencies,in-City ?re departments and municipalities,the bid process he submits in accordance with the bid terms and conditions,should any said department or agency wish to buy under this bid proposal. 11.GUARANTEE:The contractor will unconditionally guarantee the materials and workmanship on all equipment furnished by him for a period of one year from date of acceptance of the items delivered and installed,unless otherwise speci?ed herein.If,within the guarantee period,any defects or signs of deterioration are noted,which,in the opinion of the City are due to faulty design and installation workmanship,or materials,upon rati?cation,the contractor,at his expense,will repair or adjust the equipment or parts to correct the condition,or he will replace the part or entire unit to the complete satisfaction of the City.Repairs,replacements or adjustments will be made only at such times as will be designated by the City as least detrimental to the operation of City business. 12.DISCOUNTS:ALL DISCOUNTS OTHER THAN PROMPT PAYMENT TO BE INCLUDED IN BID PRICE. PROMPT PAYMENT DISCOUNTS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED IN DETERMINING LOW BID. 13.COLLUSION:THE BIDDER,BY AFFIXING HIS SIGNATURE TO THIS PROPOSAL AGREES TO THE FOLLOWING:"BIDDER CERTIFIES THAT THIS BID IS MADE WITHOUT ANY PREVIOUS UNDERSTANDING, AGREEMENT OR CONNECTION WITH ANY PERSON,FIRM,OR CORPORATION MAKING A BID FOR THE SAME ITEMS;AND IS IN ALL RESPECTS FAIR,WITHOUT OUTSIDE CONTROL,COLLUSION,FRAUD OR OTHERWISE ILLEGAL ACTION." 14.ERRORS IN BIDS:Bidders or their authorized representatives are expected to fully inform themselves as to the conditions,requirements,and speci?cations before submitting bids;failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error.Neither law nor regulations make allowance for errors either of omission or commission on the part of Bidders.In case of error in extension of prices in the bid,the unit price will govern. 15.PROCUREMENT DIVISION AS AGENT:When the Procurement Division is acting as agents for "other public activities"being de?ned as activities receiving ?nancial support,in part from the City,but not under the direct governing jurisdiction of the Consolidated Government,the name of such public activity will be substituted for the word "City"in the foregoing paragraphs No's 1 —14. 16.OFFICE OF INSPECTOR GENERAL:The City of Jacksonville has established an Of?ce of Inspector General, Section 602.310,Part 3,Chapter 602,Ordinance Code,as may be amended.The Inspector General’s authority includes but is not limited to the power to:review past,present,and proposed City contracts,transactions,accounts,and records;require the production of records; and,audit,investigate,monitor,and inspect the activities of the City,its of?cials,employees,contractors,their subcontractors and lower tier subcontractors,and other parties doing business with the City and/or receiving City funds in order to ensure compliance with contract requirements and detect corruption and fraud.Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Section 602.309,Ordinance Code. 17.ETHICS PROVISION FOR VENDORS/SUPPLIERS:The Bidder,by af?xing its signature to the proposal form, and/or the acceptance of a purchase order,represents that it has reviewed the provisions of the Jacksonville Ethics Code contained in chapter 602,Jacksonville Ordinance Code and the provisions of the Purchasing code contained in chapter 126,Jacksonville Ordinance Code. 18.NONDISCRIMINATION PROVISIONS:As required by Section 126.404,Jacksonville Ordinance Code,contractor represents that it has adopted and will maintain throughout the term of this contract a policy of nondiscrimination or harassment against any person with regard to race,color,sex (including pregnancy),sexual orientation,gender identity or expression,religion,political af?liation,national origin,disability,age,marital status,veteran status,or any other impermissible factor in recruitment,hiring, compensation,training,placement,promotion,discipline,demotion,transfers,layoff,recall,termination,working conditions and related terms and conditions of employment.Contractor agrees that,on written request,it will permit reasonable access to its records of employment,employment advertisement,application forms and other pertinent data and records,by the Executive Director of the Community Relations Commission,or successor agency or commission,for the purpose of investigation to ascertain compliance with the non-discrimination provisions of the Contract;provided however,that Contractor shall not be required to produce,for inspection, records covering periods of time more than one (1)year prior to the effective date of the Contract.Contractor agrees that,if any of the products or Services to be provided pursuant to the Contract are to be provided by a subcontractor,the provisions of this Section shall be incorporated into and become a part of the subcontract. 19.LEGAL WORKFORCE:Owner shall consider the employment,by Vendor/Contractor,of unauthorized aliens a violation of section 274A(e)of the Immigration and Nationalization Act.Such violation shall be cause for unilateral cancellation of the contract upon thirty (30)days’prior written notice of such cancellation,notwithstanding any other provisions to the contrary in the Speci?cations and other Contract Documents. Vendor/Contractor shall utilize the US.Department of Homeland Security’s E—Verifysystem,in accordance with the terms governing use of the system,to con?rm the employment eligibility of: a.all persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Jacksonville,Duval County,Florida;and b.all persons,including subcontractors,assigned by the Vendor/Contractor to perform work pursuant to the Contract with the Owner. 20.LICENSES REQUIREMENT:Bidders/vendors responding to a solicitation or by acceptance of a Purchase Order issued by the City of Jacksonville agree to obtain and maintain all applicable Local,State and Federal licenses required by law. 16 Agenda Item #8.E. 13 May 2024 Page 171 of 199 www.co'net BID #SC-0397-22 21.ELECTRONIC PAYMENTS:Bidders/vendors are encouraged to enroll in the City of Jacksonville’s Automated Clearing House (“ACH”)electronic payment program.ACH allows for systematic direct payment to vendors.The ACH enrollment form can be downloaded at under the Online Forms link on the Finance Department page. 22.CONTRACTOR REPRESENTATION:If this Agreement is for goods or services of $1 million or more,the City, pursuant to Section 287.135(3)(c),Florida Statutes,may terminate this Agreement at City’s option if Contractor: (a). (b). Is found to have submitted a false certi?cation under Section 287.135(5),Florida Statutes; Has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.472 5,Florida Statutes, or is engaged in a boycott of Israel; (0).Has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activitiesin the Iran Petroleum Energy Sector List created pursuant to Section 215 .473,Florida Statutes;or (d). (a) (b) (C) ((1) Has been engaged in businessoperations in Cuba or Syria. 23.PUBLIC RECORDS:In accordance with Section 119.0701,Florida Statutes,the Contractor shall: Keep and maintain public records required by City to perform the services;and Upon request from City’s custodian of public records,provide City with a copy of the requested records or allow records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119,Florida Statutes, or as otherwise provided by law;and Ensure that public records that are exempt or con?dential 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 this Contract if Contractor does not transfer the records to City;and Upon completion of this Contract,transfer to City at no cost all public records in possession of Contractor or keep and maintain public records required by City to perform the service.If Contractor transfers all public records to City upon completion of this Contract,Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If Contractor keeps and maintains public records upon completion of this Contract,Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to City upon request from City’s custodian of public records in a format that is compatible with City’s information technology systems. The above requirements apply to a “Contractor”as de?ned in Section,119.070],Florida Statutes. IF CONTRACTOR HAS QUESTIONSREGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT (904)630-7678;RE UEST COJ.NET;CITY OF JACKSONVILLE, PUBLIC RECORDS REQUEST,214 N.HOGAN STREET,SUITE 1180,JACKSONVILLE,FLORIDA 32202. Revised 3.30.2020dp 17 Agenda Item #8.E. 13 May 2024 Page 172 of 199 BID #SC-0397-22 SUPPLEMENTAL CONDITIONS 1.SUBMISSION 0F BIDS: All bids must be submitted no later than the designated bid opening date and time as speci?ed in the bid documents. Submit bids to: City of Jacksonville Procurement Division 214 N.Hogan Street,Suite 105 Jacksonville,Florida 32202 Bidders are fully responsible for delivery of bids.Reliance upon mail or public carrier is at the Bidder’s risk. LATE BIDS ARE NOT CONSIDERED. Bid only on the bidding form(s)supplied herewith,using ink or typewriter.Any changes or alterations must be initialed by the person signing the bid. Bidders’signature on the Bid Form (Form GB-102)signi?es that the Bidder has familiarized himself with all the Terms and Conditions of this bid,and agrees to them all,and that his bid is made and submitted for the items as speci?ed and detailed herein unless exceptions are clearly noted and that the prices quoted herein are ?rm for the duration of this bid.Failure to submit a signed Bid Form with bid submission will be grounds for bid rejection.Violations of any of the Terms and Conditions of this bid and delivery time stated can result in the Bidder's suspension from all bid lists of the City of Jacksonville and its agencies and penalties provided for by the Purchasing code of the City of Jacksonville. Please use the green label enclosed when submitting your bid,be sure to write the bid number and the open date on the label.If you downloaded the bid package you will not have a green label.Please write your bid number and open date on the outside of the sealed envelope.Failure to do so may result in your bid being returned unopened. 2.BID/SURETY REQUIREMENTS: All Bids that may require a bid security or surety in the form of a certi?ed check,cashier’s check or bid bond in the amount as prescribed in the bid documents must accompany the bid submission prior to the scheduled bid opening.Certi?ed and cashier’s checks will be deposited by the City and reimbursement checks will be issued once an award is made.Failure to submit the above information timely will be grounds for rejection of bid. 3.BID OPENING AND TABULATION: Due to the large number of bids to be opened,and the numerous items contained in some bids,such bids will not be tabulated at the bid opening.Bids may be reviewed by arrangement with the respective buyer.Bidders desiring a copy of the tabulation sheet and the award recommendation must include a self-addressed,stamped envelope with their bid.If a copy of the tabulation sheet is desired prior to award,then two (2)self-addressed,stamped envelopes must be included. BID RESULTS AND AWARD RECOMMENDATIONS WILL NOT BE GIVEN BY TELEPHONE. 4.PROMPT PAYMENT TO SUBCONTRACTORS AND SUPPLIERS: a.General]-When Contractor receives payment from CITY for labor,services,or materialsfurnished by subcontractors and suppliers hired by Contractor,Contractor shall remit payment due (less proper retainage)to those subcontractors and suppliers within 15 calendar days after Contractor's receipt of payment from CITY.Nothing herein shall prohibit Contractor from disputing,pursuant to the terms hereof,all or any portion of a payment alleged to be due to its subcontractors and suppliers.In the event of such a dispute,Contractor may withhold the disputed portion of any such payment only after Contractor has provided notice to CITY and to the subcontractor or supplier whose payment is in dispute,which notice shall:(i)be in writing;(ii)state the amount in dispute;(iii)speci?cally describe the actions required to cure the dispute;and 18 Agenda Item #8.E. 13 May 2024 Page 173 of 199 lM BID #SC-0397— 22SUPPLEMENTALCONDITIONS (iv)be delivered to CITY and said subcontractor or supplier within 10 calendar days after Contractor’s receipt of payment from CITY.Contractor shall pay all undisputed amounts due within the time limits imposed by this section. b.Jacksonville Small Business Enter rise J SEB and Minori Business Enter rise BE -Notwithstanding Chapter 126,Part 6 of the Jacksonville Ordinance Code (the "Code"),Contractor shall pay all contracts awarded with certi?ed J SEB and MBE as de?ned therein their pro-rata share of their earned portion of the progress payments made by CITY under the applicable contract within seven (7)business days after Contractor’s receipt of payment from CITY (less proper retainage).Thepro-rata share shall be based on all work completed,materials,and equipment furnished or services performedby the certi?ed JSEB or MBE at the time of payment.As a condition precedent to progress and ?nal payments to Contractor,Contractor shall provide to CITY,with its requisition for payment,documentation that suf?ciently demonstrates that Contractor has made proper payments to its certi?ed JSEB or MBE from all prior payments that Contractor has received from CITY.Contractor shall not unreasonably withhold payments to certi?ed JSEB or MBE if such payments have been made to the Contractor.If Contractor withholds payment to its certi?ed J SEB or MBE,which payment has been made by CITY to Contractor,Contractor shall return said payment to CITY.Contractor shall provide notice to CITY and to the certi?ed J SEB or MBE whose payment is in dispute,which notice shall:(i)be in writing;(ii) state the amount in dispute;(iii)speci?cally describe the actions required to cure the dispute;and (iv)be delivered to CITY and said subcontractor or supplier within ?ve (5)calendar days after Contractor’s receipt of payment from CITY. Contractor shall pay all undisputed amounts due within the time limits imposed by this section.The failure to pay undisputed amounts to the JSEB or MBE within 7 business days shall be a breach of contract,compensable by 1%of the outstanding invoice being withheld by the City as liquidated damages.Continued failure to adhere to this clause may be cause for termination. c.Third-Part Liabili —The Prompt Payment requirements hereunder shall,in no way,create any contractual relationship or obligation between CITY and any subcontractor,supplier,J SEB,MBE,or any third-party or create any CITY liability for Contractor’s failure to make timely payments hereunder.However,Contractor’s failure to comply with the Prompt Payment requirements shall constitute a material breach of its contractual obligations to CITY.As a result of said breach,CITY,without waiving any other available remedy it may have against Contractor,may:(i)issue joint checks;and (ii)charge Contractor a 0.2%daily interest penalty or penalties speci?ed in Chapter 126 of the Code for J SEB or MBE and Chapter 218,Florida Statutes,for non-JSEB or MBE,whichever greater. 5.PUBLIC ENTITY CRIME INFORMATION: A person or af?liate who has been placed on the State Of Florida 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 for a period of 36 months from the date of being placed on the convicted vendor list. 6.AUDIT PROVISION: A person or entity providing capital improvements,contractual services,supplies,professional design services,or professional services purchased by the City pursuant to a method of purchase,unless otherwiseprovided herein,shall agree and be deemed to have agreed by virtue of doing business under contract with the City to all access and examination at all reasonable times by the Council Auditor or any duly authorized representative of the Council Auditor to business records directly pertinent to the transaction until the expiration of three years after ?nal payment pursuant to the transaction.No examination shall be conducted until the Council Auditor has made a recommendation to the Council President that the examination should or,in the alternative,should not be conducted and until the Council President has approved the conducting of the examination. 7.W-9 REQUIREMENT: All Bidders are encouraged to submit with their bid submission a revised W-9 if any company information has 19 Agenda Item #8.E. 13 May 2024 Page 174 of 199 BID #SC— 0397-22SUPPLEMENTALCONDITIONS changed within the last six (6)months.It is the vendor’s responsibility to ensure that the City has a current W-9 on ?le and as listed in the 1C10ud system. 8.SOLICITATION SILENCE POLICY: The City of Jacksonville’s Procurement Division has implemented a Solicitation Silence Policy that prohibits certain oral communication regarding a solicitation during the period the policy is in effect.Written communications to the Chief of the Procurement Division or his/her staff are allowed at all times. Prohibitions Any oral communication regarding a particular solicitation is prohibited between a potential vendor,service provider,Bidder, lobbyist or consultant and city employees,staff,or hired consultant. Exceptions to the Solicitation Silence Policy Unless speci?cally provided in the applicable solicitation document the Solicitation Silence Policy does not apply to the following: communications regarding a particular solicitation between the Chief of the Procurement Division or his/her staff responsible for administering the procurement process for such solicitation,provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document communications between a potential vendor,service provider,Bidder,consultant or lobbyist and city employees responsible for administering the Jacksonville Small Emerging Business Program,provided the communication is limited strictly to matters of programmatic process or procedures communications with the Of?ce of General Counsel and his/her staff emergency procurements of goods and services pursuant to Chapter 126.102(e) oral communications at pre—bidconferences oral presentations before publicly noticed committee meetings contract negotiations during any duly noticed public meeting duly noticed site visits to determine competency of Bidders during the period between bid opening and issuance of the Chief of Procurement Division’s written recommendation communications in writing at any time to the Chief of Procurement Division or his/her staff unless speci?cally prohibited by the applicable solicitations document Commencement and Termination of the Solicitation Silence Period The period of Solicitation Silence commences after the advertisement of the solicitation document.The period of Solicitation Silence terminates after the Chief of the Procurement Division issues a written recommendationto the corresponding awarding committee.If the awarding committee refers the Chiefs recommendation back for further review,the Solicitation Silence period shall be reinstated until such time as the Chief issues a subsequent recommendation. Written Communication during the Solicitation Silence Period When the Solicitation Silence period is in effect,any communication shall be in writing,unless one of the exceptions applies. Written communication may be in the form of letter,email or facsimile. If Not an Exception If an oral inquiry call for an answer or response that is not within the scope of the exception,kindly request that the question be presented in writing to the Chief of the Procurement Division or his/her staff and that a response will,in turn,be given. 20 Agenda Item #8.E. 13 May 2024 Page 175 of 199 Name of Of?cial (type or print)Business Address Bidder must execute either Section I or Section II hereunder relative to Florida Statute 112.313(12).Failure to execute either section may result in rejection of this bid proposal. SECTION I I hereby certify that no of?cial or employee of the City of independent agency requiring the goods or services described in these speci?cations has a material ?nancial interest in this company. Signamre Company Name CONFLICT OF INTEREST CERTIFICATE Name of Of?cial (type or print)Business Address City,State,Zip Code SECTION II I hereby certify that the following named City of?cials(s)and/or employee(s)having material ?nancial interest(s)(in excess of 5%)in this company have ?led Con?ict of Interest Statements with the Supervisor of Elections,105 East Monroe Street,Jacksonville,Duval County Florida,rior to bid 0 enin . Name Title of Position Date of Filing City,State,Zip Code PUBLIC OFFICIAL DISCLOSURE - Section 126.110 of the Purchasing Code requires that a public of?cial who has a ?nancial interest in a bid or contract make a disclosure at the time that the bid or contract is submitted or at the time that the public of?cial acquires a ?nancial interest in the bid or contract.Please provide disclosure,if applicable,with bid. Public Of?cial Position Held Position or Relationship with Bidder GB Form 105 (revised 1/2013) 21 Signature Company Name #SC-0397-22 Agenda Item #8.E. 13 May 2024 Page 176 of 199 INDEMNIFICATION Provider shall hold harmless,indenmify,and defend the City of Jacksonville and City’s members,of?cers, of?cials,employees and agents (collectively the “City Indemni?ed Parties”)from and against,without limitation, any and all claims,suits,actions,losses,damages,injuries,liabilities,?nes,penalties,costs and expenses of whatsoever kind or nature,which may be incurred by,charged to or recovered from any of the foregoing City Indemni?ed Parties for: 1.General Tort Liabilit ,for any negligent act,error or omission,recklessness or intentionally wrongful conduct on the part of the Provider that causes injury (whether mental or corporeal)to persons (including death) or damage to property,whether arising out of or incidental to the Provider’s performance of the Contract, operations,services or work performed hereunder;and 2.Intellectual Pro e Liabili ,arising directly or indirectly out of any allegation that the Services,any product generated by the Services,or any part of the Services as contemplated in this Contract,constitutes an infringement of any copyright,patent,trade secret or any other intellectual property right.If in any suit or proceeding,the Services,or any product generated by the Services,is held to constitute an infringement and its use is permanently enjoined,the Provider shall,immediately,make every reasonable effort to secure within 60 days,for the City Indemni?ed Parties a license,authorizing the continued use of the Service or product.If the Provider fails to secure such a license for the City Indemni?ed Parties,then the Provider shall replace the Service or product with a non—infringingService or product or modify such Service or product in a way satisfactory to Buyer,so that the Service or product is non-infringing. If a Provider exercises its rights and obligations under this Contract,the Provider will (1)provide reasonable notice to the City Indemni?ed Parties of the applicable claim or liability,and (2)allow City Indemni?ed Parties, at their own expense,to participate in the litigation of such claim or liability to protect their interests.The scope and terms of the indemnity obligations herein described are separate and apart from,and shall not be limited by any insurance provided pursuant to the Contract or otherwise.Such terms of indemnity shall survive the expiration or termination of the Contract. 22 BID #SC— Agenda Item #8.E. 13 May 2024 Page 177 of 199 PD fvp BID #SC-0397-22 INSURANCE RE UIREMEN TS Without limitin its liabili under this Contract Provider shall at all times durin the term of this Contract rocure rior to commencement of work and maintain at its sole ex ense durin the life of this Contract and Provider shall re uire its subcontractors laborers materialmen and su liers to rovide as a licable insurance of the es and limits not less than amounts stated below: Insurance Covera es Schedule Limits Commercial General Liability $2,000,000 General Aggregate $2,000,000 Products 8:Comp.Ops.Agg. $1,000,000 Personal /Advertising Injury $1,000,000 Each Occurrence $50,000 Fire Damage $5,000 Medical Expenses Such insurance shall be no more restrictive than that provided by the most recent version of the standard Commercial General Liability Form (ISO Form CC 00 01)as filed for use in the State of Florida without any restrictive endorsements other than those reasonably required by the City’s Office of Insurance and Risk Management.An Excess Liability policy or Umbrella policy can be used to satisfy the above limits. If Provider will be erformin its services onsite then the below Provider must maintain the additional below covera es: Automobile Liability $1,000,000 Combined Single Limit (Coverage for all automobiles,owned,hired or non-owned used in performance of the Contract) Such insurance shall be no more restrictive than that provided by the most recent version of the standard Business Auto Coverage Form (ISO Form CA0001)as filed for use in the State of Florida without any restrictive endorsements other than those which are required by the State of Florida,or equivalent manuscript form,must be attached to the policy equivalent endorsement as filed with ISO (i.e.,mandatory endorsement). Worker's Compensation Florida Statutory Coverage Employer’5 Liability $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease This insurance shall cover the Provider (and,to the extent they are not otherwise insured,its subcontractors)for those sources of liability which would be covered by the latest edition of the standard Workers’Compensation policy,as filed for use in the State of Florida by the National Council on Compensation Insurance (NCCI),without any restrictive endorsements other than the Florida Employers Liability Coverage Endorsement (N CCI Form WC 09 03),those which are required by the State of Florida,or any restrictive NCCI endorsements which,under an NCCI filing,must be attached to the policy (i.e.,mandatory endorsements).In addition to coverage for)the Florida Workers’Compensation Act,where appropriate,coverage is to be included for the Federal Employers’Liability Act,USL&H and Jones,and any other applicable federal or state law 23 Agenda Item #8.E. 13 May 2024 Page 178 of 199 BID #SC-0397-22 Additional Insurance Provisions .Certificates of Insurance.Provider shall deliver the City Certificates of Insurance that shows the corresponding City Contract or Bid Number in the Description,Additional Insureds,Waivers of Subrogation and Primary &Non- Contributory statement as provided below.The certificates of insurance shall be mailed to the City of Jacksonvil le(Attention:Chief of Risk Management),117 W.Duval Street,Suite 335,Jacksonville,Florida 32202. Additional Insured:All insurance except Worker’s Compensation shall be endorsed to name the City of Jacksonvil leandCity’s members,officials,officers,employees and agents as Additional Insured.Additional Insured for General Liability shall be in a form no more restrictive than CGZOIO and CG2037,Automobile Liability CA2048. Waiver of Subrogation.All required insurance policies shall be endorsed to provide for a waiver of underwriter’s rights of subrogation in favor of the City of Jacksonvilleand its members,officials,officers employees and agents. .Provider’s Insurance Primary.The insurance provided by the Provider shall apply on a primary basis to,and shall not require contribution from,any other insurance or self-insurance maintained by the City or any City members,officials, officers,employees and agents. Deductible or Self-Insured Retention Provisions.All deductibles and self-insured retentions associated with coverages required for compliance with this Contract shall remain the sole and exclusive responsibility of the named insured Provider.Under no circumstances will the City of Jacksonvilleand its members,officers,directors,employees, representatives,and agents be responsible for paying any deductible or self-insured retentions related to this Contract. Provider’s Insurance Additional Remedy.Compliance with the insurance requirements of this Contract shall not limit the liability of the Provider or its Subcontractors,employees or agents to the City or others.Any remedy provided to City or City’s members,officials,officers,employees or agents shall be in addition to and not in lieu of any other remedy available under this Contract or otherwise. .Waiver /Estoppel.Neither approval by City nor failure to disapprove the insurance furnished by Provider shall relieve Provider of Provider’s full responsibility to provide insurance as required under this Contract. .Carrier Qualifications.The above insurance shall be written by an insurer holding a current certificate of authority pursuant to chapter 624,Florida State or a company that is declared as an approved Surplus Lines carrier under Chapter 626 Florida Statutes.Such Insurance shall be written by an insurer with an AM.Best Rating of A—VII or better. Notice.The Provider shall provide an endorsement issued by the insurer to provide the City thirty (30)days prior written notice of any change in the above insurance coverage limits or cancellation,including expiration or non— renewal.If such endorsement is not provided,the Provider,as applicable,shall provide said a thirty (30)days written notice of any change in the above coverages or limits,coverage being suspended,voided,cancelled,including expiration or non-renewal. Survival.Anything to the contrary notwithstanding,the liabilities of the Provider under this Contract shall survive and not be terminated,reduced or otherwise limited by any expiration or termination of insurance coverage. Additional Insurance.Depending upon the nature of any aspect of any project and its accompanying exposures and liabilities,the City may reasonably require additional insurance coverages in amounts responsive to those liabilities, which may or may not require that the City also be named as an additional insured. Special Provisions:Prior to executing this Agreement,Provider shall present this Contract and Insurance and Indemnification information to its Insurance Agent affirming:1)That the Agent has personally reviewed the insurance requirements of the Contract Documents,and 2)That the Agent is capable (has proper market access)to provide the coverages and limits of liability required on behalf of Provider. 24 Agenda Item #8.E. 13 May 2024 Page 179 of 199 BID #SC-0397— TERMS AND CONDITIONS ANNUAL DOCK MAINTENANCE SCOPE The Information Technologies Division of the City of Jacksonville,Florida is currently accepting bids to obtain source(s)of supply for the items as outlined in the bid documents provided.The purpose of this bid invitationisto obtain information about your ?rm and its ability to provide theseitem(s)/service(s)and to obtain pricing commitments for ANNUAL DOCK MAINTENANCE,as listed in the bid documents. AWARD Award will be ALL OR NONE to the lowest responsive,responsible bidder grand total amount.Bidders must bid on all items to be considered for award.ALL awards are subject to the availability of funds. TERM OF AGREEMENT The term of this agreement will be from October I,2022 through September 30,2023,with three (3)one (1)year renewal options.Renewal Options may be exercised at the discretion of the City based on supplier performance and adherence to the terms and condition set forth in the bid documents. MINIMUM RE UIREMENTS Bidders should submit or comply with the following requirements;failure to submit any of these requirements may be grounds for rejection: a.Contractor must provide three (3)references in which the contractor has provided marine construction work within the past two (2)years b.Contractor must a have a current State of Florida issued Marine Contractor license,General Contractor License and/or a building Contractor license.A current copy must be submitted with proposale c.Contractor shall provide proof of applicable local business license. PRE-BID CONFERENCE Mandatory Pre-Bid meeting will be held on June 30,2022,at 3:00 pm,Room 825,Fish Bowl Conference Room 214 N.Hogan Street,8thFloor Room 825,Jacksonville FL,32202. STATE CONTRACTS The City reserves the right to utilize contracts established by the State of Florida and or other governmental agencies for item(s)/service(s)covered under this bid.The city reserves the right to cancel this contract in whole or in part for such item(s)/service(s). UANTITIES Quantitiesindicated re?ect the estimated quantities to be purchased throughout the contract period and are subject to ?uctuation in accordance with actual requirements.The City reserves the right to add or delete items,or increase the volume of services required,or not to make any purchase against this bid if it so deems necessary at any time during the contract period. 25 Agenda Item #8.E. 13 May 2024 Page 180 of 199 10. 11. 12. 13. 14. BID #SC- O397-22DELIVERY The services in the bid documents shall be performed at various city locations throughout the City of Jacksonville,Duval County,Florida. ESCALATION/DE-ESCALATION All pricing submitted shall remain ?rm for the initial term period.Upon renewal (if applicable),a supplier may submit in writing a request for price escalation/de-escalation for the percentage of change as listed in the Consumer Pricing Index (CPI)and/or documentation notifying of an industry wide increase.The City reserves the right to decline any price increase request. PRICES All unit prices shall include material,installation,labor,storage,freight,delivery,handling charges, disposal of damaged items (to include wood and concrete)and any other items to complete the services/task listed on the Speci?cations and Bid Proposal Form.Extended total will be calculated by multiplying unit cost price by listed approximate quantity.Extended total base bid will be calculated by adding all extended total prices together.In case of error(s),unit cost prices will govern. PICK UP AND RETURNS The City reserves the right to return an order in whole or in part if the merchandise is not in compliance with the bid speci?cations.The City or its agencies Will determine compliance with bid speci?cations. Pick up and returns will be made within 48 hours of noti?cation at no charge to the City or its agencies. COMPLIANCE WITH SPECIFICATIONS The bidder,by af?xing their signature to the bid form submitted,agrees to provide item(s)/service(s)in accordance with the bid documents provided.Bid only a single offering for each bid item.Multiple offerings,alternates (unless stated)and or stipulations may be cause for bid rejection.Bid only on forms provided herein unless otherwise stated.Bid submissions shall be in ink or typewritten.A11corrections must be initialed. INVOICING Invoices will be issued once supplies/services are delivered and/or rendered to the City of Jacksonville or its agencies.At a minimum,invoices must include:purchase order number or contract number,item number and description,date of shipment,quantity ordered and shipped,unit prices,unit of measure,and extended totals.Payment terms are Net 30 days.All original invoices shall be submittedthrough the City of Jacksonville lCloud procurement system or to:City of Jacksonville,General Accounting Division,117 West Duval Street,Suite 375,Jacksonville,Florida 32202. INSURANCE/INDEMNIFICATION Each supplier shall maintain,for the entire term of this bid,current insurance coverage as stated in the bid documents.All insurance certi?cates shall list the City of Jacksonville as an additional insured.Bid number should be listed on certi?cate.The awarded bidder is required to submit their insurance certi?cate within ten (10)days after notice of award. 26 Agenda Item #8.E. 13 May 2024 Page 181 of 199 15. 16. BID #SC- O397-22REPORTING The City may request,during the term of this bid,reports including but not limited to;usage,pricing,and delivery.Suppliers will be required to provide reports requested in hard copy and electronic format as required. SUPPLIER ACCESSIBILITY The City or its representativemust be able to contact,during normal business hours,by telephone or emai lanysupplierprovidinggoodsorservicestotheCityoritsagencies.Any supplier accessibility requirements outlined in the speci?cations supersede this section. Agenda Item #8.E. 13 May 2024 Page 182 of 199 BID #SC— 0397-22SPECIFICATIONS ANNUAL DOCK MAINTENANCE 1 .SPECIFICATIONS Contractor to provide for the grand total amount to include the repair,restoring and/or replacing docks/dock components (stationary or ?oating);ramps/boardwalks/handrails (walk and boat); piling/piling components (wood,concrete or sheet);excavation,scouring,dredging,?lling,carpentry and concrete workas directed.Work requires furnishing all labor,material,tools,supplies,equipment,ladders, hoisting,scaffolding,barges,boats,trucks,fuel,trash disposal,cleanup,freight accessories,etc.to safely accomplish in a workmanlike manner all work requested. Quantitieslisted are not absolute.Work requirements will be determined by ?eld requirements.Unit prices will determine work order values.All Whalers,cover boards,fender boards,handrails and decking shall be pressure treated .60 lumber and pilings shall be pressure treated 2.5 lumber unless otherwise speci?ed. The work may also include temporary barriers,signage,false work,clean-up to perform additional required work.The contractor may be required to mobilize and retrieve,secure,remove or dispose of any dock or debris that has become dislodged from its anchoring and is float within the lake,river,wetland, waterwav and ocean if so directed. All work must comply with City of Jacksonville Engineering Design Standards,Florida Building Code and 2010 ADA Standards for Accessible Design. Any work order repair exceeding the de?nition of the itemized unit prices deemed necessary to complete or facilitate completing a work element not described shall be paid the two (2)man crew*hourly rate plus any material**utilized at supplier invoice cost plus a mark-up of (bid amount,but not more than 10%). The hourly rate plus material will be paid according to the hourly rate and the material cost plus mark-up and additionally any specialized equipment rental or sublet work and approved disposal hauling and fees, permit fees,regulatory applications will be marked up 10%for Contractor pro?t and overhead. *All work to be accomplished minimally with a two (2)man work crew (one person ofthe crew must be capable as a working supervisor)on a per hour rate including materials,transportation,taxes,insurance, overhead/pro?t,tools and equipment.Hourly rate should be bid based on work being undetermined requiring site visit/inspection,suggested remedy,application and performance. Hourly rate:May be considered to any requested work (dock,ramp,boardwalk,gangway,pier,structure), surveys/reports of existing conditions,obtaining permits,exploration,cleaning and disposal of debris, spills,environmental cleanup,vegetation eradication,silt removal,dredging,revetment work,welding, rigging/hoisting/driving ,demolition,disposal,moving/disposal of abandoned vessel,retrievals from water,drainage,dewatering,diving ,excavation/?l1/limerock/concrete/rip-rap/?lter screen,testing, sampling,Video,temporary protection/sand bagging,scouring and barriers with mark up as applicable for materials or specialized equipment usage.(Does not include payment for estimates/proposals) **Materials:Contractor to provide all new materials,sheet metal,trim,bolts,cables,lumber,accessories, concrete,docks,ramps,paint or coatings,Specialty items,fasteners,accessories,bumpers,cleats,safety treads,signs,buoys lights,?ags,signals,piling,etc. Audit Provisions:The nature of awards made under this bid is such that City Ordinance No.179.112 may be applicable.The general concept of the referenced ordinance provides the City Council Auditor access 28 Agenda Item #8.E. 13 May 2024 Page 183 of 199 ‘1- ‘l n BID #SC-0397-22 to records of the contractor(s)as relates to prices charged for labor,materials,etc.under the contract resulting from this bid.A copy of this ordinance is posted on the Purchasing Division Bulletin Board for local vendor interest. The workmen after arriving at the site making the repair shall walk the immediate area and report any potential problem to Parks,Recreation and Community Services Department via phone,fax or E-mail and if minor and given direction to proceed to execute the repair to match.(Minor being less than four (4) hours work).Submit attached with invoices,a detailed report providing Name of Park,address,site of work location on the property,copies of supplier invoices and any recommended additional repairs observed needed on the site. Repairs:The primary purchase of this bid is to provide a competitive source of service for repairs and emergency repairs. The City is de?ning repairs as a necessary or an emergency to protect City assets to original functional use.Emergency is de?ned as a sudden occurrence of a serious and urgent nature that endangers health, equipment/supplies,safety,and/or the structure and demands immediate action. Purchase orders may include cleanup or compatible work related to the repair work or alteration for repairs or emergency without obtaining competitive quotation when the City’s anticipates such repairs not to exceed $50,000.00.The City reserves the right to obtain additional quotations for any emergency or urgent repair outside this agreement or piggyback other government agencies exist agreements. The Contractor shall,upon request,Visit the site with the City’s representative or under their instruction, to determine the needs and provide an itemized list of repairs with unit prices from this bid award and a schedule to complete the scope.Invoices must correlate back to the purchase order.Work shall not exceed the purchase order amount including any contingency except with an agreed upon executed change order. Repairs shall begin within two (2)weeks of PO issued and be completed within sixty (60)days,except with an agreed upon extension. Mobilization:The Contractor shall provide a schedule upon determination of a scope of work and work within that schedule and update unforeseen changes. The Contractor must provide an after-hour emergency number to respond to any storm-related damage and capable to mobilize within four (4)hours after noti?cation or sooner depending on the situation.A named contact person and phone number and fax must be kept current for both non-emergency and emergency calls. Contractor shall be prepared to secure the emergency to as safe a condition as possible upon arrival. Parks,Recreation and Community Services Department considers the integrity of maintaining its facilities in a safe condition.Work orders will not be issued to the contractor who at the discretion of the Parks, Recreation and Community Services Department has failed to timely respond.It expects the work to be performed in a workmanlike manner and be consistent with manufacturers recommended practices.All work is to be done in an orderly,courteous,safe manner using new materials and leaving the site clean. All debris generated from the work items shall be disposed in an approved land?ll. Calls placed after 5:00 pm (EST)or on weekends will be paid at 1 1/2 the hourly rate.Overtime will not be paid if work starts before 5:00 pm (EST)Monday through Friday and extends beyond that time. 29 Agenda Item #8.E. 13 May 2024 Page 184 of 199 BID #SC-0397-22 Overtime will be paid on City holidays for emergency work only.Work started before a holiday and extending into a holiday or weekend will be a regular hourly rate. Repairs shall provide a minimum six (6)month guarantee without a charge for callbacks. All work shall be performed in a safe manner with respect to park occupants,boater’s (boats/trailers/trucks),visitors,and vendor employees.Contractors must comply with all current OSHA requirements as applicable to service performed. 30 Agenda Item #8.E. 13 May 2024 Page 185 of 199 ITEM NO. 1a 1b BID PROPOSAL FORM ANNUAL DOCK MAINTENANCE DESCRIPTION Mobilization By Land: Mobilization fee to begin a speci?c repair or project.Move materials,equipment and manpower to a site.Only one such fee shall be authorized for each speci?c project. NO SUBSTITUTE Mobilization By Water: Mobilization fee to begin a speci?c repair or project.Move materials,equipment and manpower to a site.Only one such fee shall be authorized for each speci?c project.Does not include a barge NO SUBSTITUTE Internal guides for 14”square pilings: Furnish materials and labor to measure,fabricate and replace 3" x 3”x 3/8”angle,hot dipped,galvanized steel inverted internal pile guides with UHMWPE,UV stabilized wear blocks to match existing.Internal guides for 14"square pilings. NO SUBSTITUTE Internal guides for 18”square pilings: Furnish materials and labor to measure,fabricate and replace 3" x 3”x 3/8”angle,hot dipped,galvanized steel inverted internal pile guides with UHMWPE,UV stabilized wear blocks to match existing.Internal guides for 18"square pilings. NO SUBSTITUTE Side guides for 14”square pilings: Furnish materials and labor to measure,fabricate and replace 3" x 3"x 1/4”angle,hot dipped,galvanized steel side mounted pile guides with UHMWPE,UV stabilized rollers to match existing. Side guides for 14”square pilings.NO SUBSTITUTE Side guides for 18”square pilings: Furnish materials and labor to measure,fabricate and replace 3” x 3"x 1/"angle,hot dipped,galvanized steel side mounted pile guides with UHMWPE,UV stabilized rollers to match existing. Side guides for 18”square pilings.NO SUBSTITUTE 48”x 48”,3”x 3"x 1/4”angle triangle corner frames w/o pile guide rollers: Furnish materials and labor to measure,fabricate and replace 48”x 48”,3”x 3”x 1/”angle,hot dipped galvanized steel triangle corner frames without pile guide rollers,with 1/2”thick starboard ?ller panel. NO SUBSTITUTE 48"x 48”,3”x 3”x 3/8"angle triangle corner frames w/o pile guide rollers: Furnish materials and labor to measure,fabricate and replace 48"x 48",3"x 3"x 3/8"angle,hot dipped galvanized steel triangle corner frames without pile guide rollers,with 1/2”thick starboard ?ller panel. NO SUBSTITUTE EST.QTY UNIT UNIT PRICE 15 10 10 10 EA EA EA EA EA EA EA EA EXTENDED TOTAL 31 BID #SC-0397— Agenda Item #8.E. 13 May 2024 Page 186 of 199 ITEM NO. 10 11 12a 12b 13a 13b 14 15 16 DESCRIPTION 48”x 48”,3"x 3”x 3/8”angle triangle corner frames with pile guide rollers: Furnish materials and labor to measure,fabricate and replace 48"x 48”,3"x 3"x 3/8"angle,hot dipped galvanized steel triangle corner frames with pile guide rollers to match existing,with 1/2" thick starboard filler panel. NO SUBSTITUTE 30"x 22”,6”W x 1/4”thick “T”plates: Furnish materials and labor to measure,fabricate and replace double (top and bottom)30"x 22",6”wide x 1/4"thick hot dipped galvanized steel “T”plates with hot dipped galvanized through bolts. NO SUBSTITUTE 30"x 6"W x 3/8”thick flat plates: Furnish materials and labor to measure,fabricate and replace double (top and bottom)30"x 22",6"wide x 3/8”thick hot dipped galvanized steel ?at plates with hot dipped galvanized through bolts. NO SUBSTITUTE Clean and surface prepare internal pile guide frames: Furnish materials and labor to clean and surface prepare internal pile guide frames for two (2)coats of cold tar epoxy.Total DFT to be a minimum of 20 mils. NO SUBSTITUTE Measure,fabricate and replace pile guide frames:Furnish materials and labor to measure,fabricate and replace individual guide wear pads.Wear pads to be UHMWPE,UV stabilized of similar size to match existing (3”x 6"x 2"or 4 1/2"x7"x 1/2"). NO SUBSTITUTE Wear Pad Bracket Assembly.NO SUBSTITUTE Measure,fabricate and replace pile guide rollers: Furnish materials and labor to measure,fabricate and replace individual pile guide rollers.Rollers to be UHMWPE.UV stabilized of similar size to match existing (2—9/16”diameter x 5” or 3-1/"diameter x 5")including a 1/4"diameter x 8”hot dipped galvanized steel shaft. NO SUBSTITUTE Guide Rollers Assembly.NO SUBSTITUTE Tighten through bolts wide no new hardware: Furnish labor only to tighten existing through bolts with no new hardware,regardless of length. NO SUBSTITUTE Replace washers and nuts for 3/4”diameter through bolts: Furnish materials and labor to supply and replace hot dipped galvanized washers and nuts for existing 3/4"diameter through bolts,regardless of length. NO SUBSTITUTE Replace 3I4"diameter through bolts: Furnish material and labor to supply and replace hot dipped galvanized 3/4”diameter through bolts,washers and nuts for lengths.6'—12’ NO SUBSTITUTE APPROX. QTY 12 12 12 1O 10 200 50 50 BID #SC- O397-22 UNIT UNIT PRICE EA EA EA EA EA EA EA EA EA EA EA EXTENDED TOTAL 32 Agenda Item #8.E. 13 May 2024 Page 187 of 199 BID #SC— 0397-22 ITEM APPROX.EXTENDED NO.DESCRIPTION QTY UNIT UNIT PRICE TOTAL Replace 3/"diameter through bolts: Furnish material and labor to replace 3/"diameter bolts with 17 equivalent stainless steel Industco cables with threaded end with 20 EA stainless steel nuts and washers.6’—12’ NO SUBSTITUTE Replace washers and nuts for 3/”diameter through bolts: Furnish materials and labor to supply and replace stainless steel 18 washers and nuts for existing 3/4"diameter through bolts,20 EA regardless of length. N0 SUBSTITUTE Remove and replace 3 x 8 x 20’whalers: Furnish material and labor to remove and replace pre-drilled 19 inner and/or outer whalers on dock edge (attached with existing 5 EA through bolts). NO SUBSTITUTE Remove and replace 3 x 8 x 20’whalers: Furnish material and labor to remove and replace pre-drilled 20 outer whalers on dock edge (attached with existing through 5 EA bolts) NO SUBSTITUTE Remove and replace 3 x 14 x 20’whalers: Furnish material and labor to remove and replace pre-drilled 21 outer whalers on dock edge (attached with existing through 5 EA bolts) _ NO SUBSTITUTE Remove and replace 6 x 14 x 20’whalers: Furnish material and labor to remove and replace pre-drilled 5 EAinnerwhalersondockedge(attached with existing through bolts) NO SUBSTITUTE Remove and replace 4 x 10 x 20’whalers: Furnish material and labor to remove and replace pre-drilled 23 inner and/or outer whalers on dock edge (attached with existing 5 EA through bolts). NO SUBSTITUTE Remove and replace 4 x 12 x 20’whalers: Furnish material and labor to remove and replace pre-drilled 24 inner and/or outer whalers on dock edge (attached with existing 5 EA through bolts). NO SUBSTITUTE ' Remove and replace wood cover boards 2 x 8 x 20’:Furnish material and labor to remove and replace wood cover boards 25 pre-drilled for through bolts holes attached with 8.8.ring shank 5 EA nails 2 x 8'5. NO SUBSTITUTE Remove and replace wood cover boards 2 x 10 x 20’:Furnish material and labor to remove and replace wood cover boards 26 pre-drilled for through bolts holes attached with 5.8.ring shank 5 EA nails 2 x 10’s. NO SUBSTITUTE Remove and replace wood cover boards 2 x 12 x 20':Furnish material and labor to remove and replace wood cover boards pre-drilled for through bolts holes attached with 8.8.ring shank..5 EAnails2x123. NO SUBSTITUTE 27 22 Agenda Item #8.E. 13 May 2024 Page 188 of 199 ITEM NO. 28 29 30 31 32 33 34 35 36 37 DESCRIPTION Remove and replace wood cover boards 2 x 14 x 20’:Furnish material and labor to remove and replace wood cover boards pre-drilled for through bolts holes attached with 8.8.ring shank nails 2 x 14’s. NO SUBSTITUTE Remove and replace fender boards 1 x 12x 12’not drilled: Furnish material and labor to remove and replace UHMWfender boards attached with 3/8"diameter x 5"SS.leg screws,Set below surface by counter boring holes,1 x 12’s not drilled for through bolt holes. N0 SUBSTITUTE Remove and replace fender boards 1 x 12x 12’pre-drilled: Furnish material and labor to remove and replace UHMW fender boards attached with 3/8"diameter x 5"SS.leg screws,set below surface by counter boring holes,1 x 12’s pre-drilled for through bolt holes. NO SUBSTITUTE Remove and replace 1 x 12 x 12’grey cover boards:Furnish material and labor to remove and replace 1 x 12 HDPE grey cover boards attached with 8.8.leg screws similar to existing at the Landing. NO SUBSTITUTE Remove and replace 10"Bellingham Marine Almag “S" cleats: Furnish material labor to remove and replace Bellingham Marine Almag “S”cleats,through bolted with hot dipped galvanized steel bolts,10“Almag “S"cleats. NO SUBSTITUTE Remove and replace 15”Bellingham Marine Almag “S” cleats: Furnish material labor to remove and replace Bellingham Marine Almag "S"cleats,through bolted with hot dipped galvanized steel bolts,15"Almag “S"cleats. NO SUBSTITUTE Remove and replace 12”square plastic pile caps:Furnish material and labor to remove and replace plastic pile caps anchored with 3M 5200 adhesive onto concrete pile,12"square plastic square cap. NO SUBSTITUTE Remove and replace 14”square plastic pile caps:Furnish material and labor to remove and replace plastic pile caps anchored with 3M 5200 adhesive onto concrete pile,14"square plastic square cap. N0 SUBSTITUTE Remove and replace 18”?berglass pyramid pile cap (Landing): Furnish material and labor to remove and replace plastic pile caps anchored with 3M 5200 adhesive onto concrete piles,18" ?berglass pyramid cap (Landing). NO SUBSTITUTE Remove and replace 24”square plastic pile caps.Furnish material and labor to remove and replace plastic pile caps anchored with 3M 5200 adhesive onto concrete piles,24” ?berglass pyramid cap (Landing). NO SUBSTITUTE APPROX. QTY 1O 10 10 BID #SC-O397— 22 UNIT UNIT PRICE EA EA EA EA EA EA EA EA EA EA EXTENDED TOTAL 34 Agenda Item #8.E. 13 May 2024 Page 189 of 199 BID #SC- O397-22 EXTEN DED TOTAL ITEM DESCRIPTION APPROX. NO.QTY UNIT UNIT PRICE Remove and replace: Furnish material and labor to remove and replace 16 gauge 38a copper sheet pile caps anchored with 8.8.rang shank nails of 10 EA wood piles.10” NO SUBSTITUTE Remove and replace: Furnish material and labor to remove and replace 16 gauge 38b copper sheet pile caps anchored with 8.8.rang shank nails of 10 EA wood piles.12” NO SUBSTITUTE Hourly labor rate for miscellaneous work: Furnish labor at an hourly rate to do repair and maintenance such as reattach loose fender and surface boards,adjust and 180 HRreattachgangways,misc related items as directed,attach signs provided by the City,etc. NO SUBSTITUTE 39 Furnish material and labor to install decklwalkway:P.T.250 6”to 8”piling,RT.2 x 6 decking and RT.2 x 8 headers and 40 stringers.A||fasteners shall be hot dipped galvanized and SST 100 SF deck screws. NO SUBSTITUTE Remove and replace 2”x4”x12’Toe Rail. 41 Furnish material and labor to remove and replace.100 SF NO SUBSTITUTE Remove and replace Pressure Treated. 060 2 x 4 x 16’handrails.Furnish material and labor to remove 160andreplace. NO SUBSTITUTE 42 LF Remove and replace Pressure Treated. 060 2 x 6 x 16',Remove replace 2 x 6 sloped top handrail.160 LFFurnishmaterialandlabortoremoveandreplace. NO SUBSTITUTE 43 Remove and replace 6”x 12”x 20’whalers: Furnish material and labor to remove and replace pre-drilled 44 inner and/or outer whalers on dock edge (attached with existing 10 EA through bolts). NO SUBSTITUTE Remove and replace 3”x 12”x 20’inside whalers:Furnish material and labor to remove and replace pre-drilled inner and/or 45 outer whalers on dock edge (attached with existing through 10 EA bolts). NO SUBSTITUTE Remove and replace 2”x 12”x 20’outside Whaler cover whalers: Furnish material and labor to remove and replace pre-drilled 10 EAinnerand/or outer whalers on dock edge (attached with existing through bolts). NO SUBSTITUTE Furnish material and labor to install 2”x6”x8’decklwalkway: PT-A00.25,.Allfasteners shall be hot dipped galvanized and SST deck screws. 47 NO SUBSTITUTE 100 EA 46 35 Agenda Item #8.E. 13 May 2024 Page 190 of 199 Any materials not listed and utilized,can be billed at supplier invoice cost plus a mark-up of %,but not more than 10%). BID #SC-0397-22 'TEM DESCRIPTION APPROX"UNIT UNIT PRICE EXTENDED NO.QTY TOTAL Furnish material and labor to install 2”x6"x16’ deck/walkway: 48 PY-ACQ.25.Allfasteners shall be hot dipped galvanized and 100 EA SST deck screws. NO SUBSTITUTE Furnish material and labor to install 2”x6”x1 6’ deck/walkway: 49 PY-ACQ.25.Allfasteners shall be hot dipped galvanized and 100 EA SST deck screws. NO SUBSTITUTE Furnish material and labor to install 2”x6”x12’ deck/walkwaylhandrail: 5O PT-ACQ.25.All fasteners shall be hot dipped galvanized and 100 EA SST deck screws. NO SUBSTITUTE Furnish material and labor to install 6”x6”x12’Post to Pile: PT-ACQ.40.A||fasteners shall be hot dipped galvanized and51SSTdeckscrews.40 EA NO SUBSTITUTE Furnish material and labor to install 4”x4”x12’Intermediate Post : 52 PT-ACQ.40.All fasteners shall be hot dipped galvanized and 40 EA SST deck screws. NO SUBSTITUTE Furnish material and labor to install 2”x2”x8’Picket Railing: PT-ACQ.25.All fasteners shall be hot dipped galvanized and53SSTdeckscrews.200 EA NO SUBSTITUTE Furnish material and labor to install 4'tall 12.5 Gauge Galvanized Steel,Black Vinyl-Coated Welded Wire,2”x2” mesh:54 All fasteners shall be hot dipped galvanized and SST deck 50 FT screws. NO SUBSTITUTE Furnish material and labor to install buoys.9"Spar Buoy and Decals,[60]SST Chains for Buoy system per LF,[1]Salt Water 55 Resistant Bungees,[4]Swivels &Shackles for system,and 300 1 EApoundConcreteAnchorsandSSTEyeBolts. NO SUBSTITUTE Furnish material and labor to properly remove and dispose 56 of debris from river and marine areas.100 LBS GRAND TOTAL: 36 Agenda Item #8.E. 13 May 2024 Page 191 of 199 CITY OF JACKSONVIL PROCUREMENT DIVIS1ON 214N.tram Sim!Suite to»,mammal,am32202 not)255%Mum.{904)25543837Fax; ll?.llit5(e)PROTESTPROCEDURES monument} rzotto?tctm nominal 126.l06(e}[4] 126.martyrs) treatments) r253roan-x?) r25.lil?thS) IZISJDEteXl')Puritan:and Scope Purpose and Storm Dc?n-itions Timely Notional Protest Delivery Proom Ptutcst Hmong Rules and Procedures ta]Thosn protest procedures an:promulgated pursuant to 5126.106m)ol‘the Jacksonville Ordinanoc Codi:{the “Code“).which authorizes the Chicl’of the Procurement Division (the “ChicP’Jto “W mid publish rules and mgulutiomrnarrowing bid protests.”In tit-cevent a own at oomtcnt jurisdiction declares any pmvision or these Procurement Protest Pmcodums to be nmnstitoiionul. invalid.or othcrwise mnforcoztbie.that all remaining provisions shall be sctrcmblo,valid,and cnl'omabic regardlessof tilt:inwalidity ol‘any other provision. (inn accordancewith the.pmcdttms contained herein.any person or entity that is adversely affected by a decisionor an intended docisiuncumming it solicitation.solicitation doaammts.award.or any other mass or procedure prusctibcd in the Code and who has standing to protest said (incision or intended (Incision tinder Florida law (the “Protestant“i,must timely ?le a written Notice of Pmlcsl sorting to ahullcngc the decisionor intendeddecision. The issunis)raised,and the iniurmationconiaincd in tho Notion of Protest and any supplemental dncumuttatinn ?lial in accordance with §l25.106(c)(4).hereof.must clearly identifyand cxplninthe factual and legal basis for any relief songhu and shall tho tho only issuctsland infomtitm the Protestant may present for consideration beforethe applicablecommittee, Request for Extension to File SupplemmtalProtest Docurmnmtltm IndorxndmtAgmcy,Boardor DcicgntctlAuthority iZ?lO?eKZ)De?nitions For tht:purpnsc of than:Bid Proust Procedures,the l'nlinwingde?nitions are provided: (a)“Compctitivt:solicitation"or "solicitation"shall include without limitation an invitation to bid,competitivesettled hid.multi—stapcumpBlilivcscaled hid.mmpctitiw:scaled proposai.or a mqucst for {normals studio:quali?cations. {hi “Posting“mans the noti?cnlitm of solicitation s.Mail-(ms or intended decision.or other matters miating in mturcmcnt on a normalized lntcmrrt website.by plantin gthesameonthobulletinbooms)designated by the Procurement'DiVisit‘tn futr this purpose.or as may be consistentwith§l26.l02tm)of thc Coda. (c)“Eutecplionalpumhttsc”trtcnns an}.I putt-has:cxccptctl iiy law or rule from thisrcquinnmntsfor"competitivesolicitation ,includingwithout limitationpurchasespursuant to “MAW, ”5.206.“26307,l‘262l l.l26.30'l.”6.309,126.31I, l263l2.(if I2?.3l3 “tithe Code. (d)“Electronic transfer“is limited minty to facsimile transmissions that appear icgt'hlyon paper at the plant:of ?ling. Rain}!!!.3:mum-tame.H?mr 37 M’IJQ: BID #SC-0397-22 Agenda Item #8.E. 13 May 2024 Page 192 of 199 {1:}“Final Agency Action"means a ?nal decision that results from a proceeding hereunder.and includes;actions which are af?rmative.negative.injunet'wc.or declaratory in form. (I)“Pnrcurcmcnl process"has the Same meaning its “contract solicitation or award process.“ lZ?J??teMZt]Timely Notice of Protest in)Recommendations of Award andfor Bid Rejections A i’rotestant shait have 48 hours after either the posting or written noti?cation of a decision or intended decision, whichever is center,in which to ?le a written Notice of Protest in order to timely challenge or seek.relief from a Procurement Division recorru'oenderl award of an exceptional purchase or an award or recommended conclusion to any hid or proposal solicitation process. includingwithout timitatitm:(i)a recommendationto reject a hit!or proposai:(iii a contract aurard:or (iii)the short listing of hidden:or proposes. (b)Bidli‘roposal'Speci?cations auditor'- Requirements.A Protestantshall have to business days after the posting of a solicitation or 48 hours after the pot-ted date and time of a pro—hidor pro-proposal conference. whichever is earlier.or 43 htmrs after the posting of an addendum to which to ?le.it written Notice of Protest in order to timely challenge the requirements.terms andlor conditions contained in bid or proposal documents. including without limitation any provisions gm'cming or establishing:(i)the basis for making the award in question: {it}evaluationcriteria;(iii)equipment.prottuct.or material speci?cations:(iv)pmposetl project schedules;(vi statements regarding participation goals or other equal Opportunity measures:or (vii other general solicitation or project requirements. (e)Computation of Time —The computation of the time limitationsor periods eontainett herein shall be governed by and shall be pursuant to Fiorida Rule of Civil Pmacdurc Limit}Florida Rule of Judicial Administration 2.5M. Failure to ?le a written Notice of Protest within the applicable time limitationor period shailconslilutca waiver of any right.remedy.or relief available hereunder. (d)Form and Content of the Notice of Protest -A writtenNotice ol’Protest shall:ti)be addressed to the Chief; (ii)identify the solicitation.decision.or recommendedaward in quantum by number and title or any other language tu?ietcut to enable the Chief to identify the same:(iii)state the timeliness of the protest;{iv}stoic Protestants legal standing to protest:and [v]clearly state with particularitythe insects).material fat-1(5)and icgal authority upon which the mutantis based. Hammond)Request for Extension to File Supplemental Protest Dommenlntion At the time of tiling a timely Noticeof Protesr hereunder.a Protestant my request an cxtensim of three (3)busines sdaysalterthedatein;Notice of Protest is timely receive d.in which to provide supplemental pottesl documentation. Failure to do so or to timely submit the supplementat rte- meatdocumentationshallconstituteawaiverofanyrighttothe same. 126.106teit5}Delivery The.timely iiiing of a Notice of Protest shall be accomplished Winn said notice is received by the Procurement Division within the applicablelime limitatio norperiodcontainedherein.Filing a notice may be accomplished by manual transfer Vin handrdeliveryor mail In the Chief of Procurement at 2”N.Hogan Street.8‘ "?oor.Jacksonville.Florida 32202 or by electronic transfer via facsimile to (904}255-8837.The rcsptmsihiltty and burden of pnml that its Notice of Protest has been timely and properly receive-d shat]rest with the Protestan t.rcgardiess at;to the method of dciivery employcdr monuments}Process to]Upon receipt of a timely ?led written Notice of Protest .the Chief or histher designee shalt schedule and provide notice of the time.date,and place that the P?‘lwsl wilt he heard.The protest will he heard before the General Governmental Awards Committee t‘?GAC”).the Professional Services Evaluation Committee (“95128"),or the ConntothiveScaled Pmpusul Evaluation Committee ('CSPEC”),whichever is applicable.The Chief or hisl' herdesignceshallhavethediscretiontomendwith the mlicitatinn or contract award process in question or to suspend the same pending the resolutionof the protest.To the extent the Chief or histher dcsigrtcc decides to exercise his/her discretion not to suspend the solicitationor contract award process pending the resolution of the protest.the Chief or hismer dcsignet:shall set forth in wriling the particular facts andlor circumstances upon which hlaihcr decision is lused. (it)Those persons or entities,other than the ProtestanLwho will be directly affected by the resoiutino or the protest shall be given notice of the protest hearing.and the Notice of Protest and any supplemental protest tioeun’nentrtlionshall he made avaiiable to them upon a written request for the Ra'a‘n'm3:E?n’?wDam;WIMO 38 Pay 2 (J5 #SC-0397-22 Agenda Item #8.E. 13 May 2024 Page 193 of 199 rm.mm n.1,,awn €11 ", ' .14. I -mun any “any. .1 .wMI "fr w \—r-w ,, 27:41.: .‘.,.~.._;m .-.i ». =wt-_,.; a“h a m m 3‘:- 9-4; “ma mg;- n".-?? am .1 .”9.x -4I<. -'M ‘,_ m In:ml um ”p1 .n"—1 w -,.n w n -us: .?x‘LI v w- “i 3.... .1.1“» ’uu?e-xi . ‘u r."a.“.-m-...m—mm ‘u -..w 1.“.pm.I. Pk:,ira- {c}When a Nminn nl‘Pralnsl is ?led pursuant l0 §l2lil0?inll3llhl llama};din Chief or appltabln min-d5 stimulant:chaiqmsnn shall have [he discretion in dim! aha!the solicitation in qunslinn is not 10 ha grinned [inn-ding lhc mmlullnnor?le prawns:. IMIWeN‘l)Frnlnst Hearing Rial-gain!Pmnnduris [a]Hearings hereunder shall in:heard before din applinahln com and shall ling-inwilh a mural slalcmcnl of line mics and pamcdumspmsc?hedlimit:by a mpresnmnlivnall“ din commiunn.fulluwnd by a general 5131mm:n!"the has by a rcpmscnialivc of lhe Prmurcmml DMsinn. Rnprcsnnlalim oi“:hc Pl’olcslanl.limited solely In its ownus,of?ncrs.cmpluynnsandlnr legal mums!i will man be required In present its case based solely upon lhc issunis)and infm‘nndnnnnnlninnd in limeNada:of Pram.“ anal any timely submincd supplemental prnlcsl d?wmcnlali?ne ‘llmn masonsur nnlilins.ndmr :lmn ills Prolmant.who have legal sinnding and will be directly a?ctlcd by thanresululiarl al’the [ii-ulna will be given an opportunity In be heard and i0 prnsnnl inrnnnalion him the mmillnn.which will bn Follnwnalby a slalnmnnl and the {mammalian of inl‘nrrnalinn {mm the Prwarcmnn: Division and rather gnvnmmnnlnl rcpmsmtadvcs.The Muslim must establish by me pmpandcrancc or the evidence that lhc pram-51shnuld be grimlcadbased upon the law.rants and infornmlkm11mm.The cummirllee is milled to ask questions of any party a:any lime during chi: hearing. {h}Fur hearings hereunder,the formal rules a:Widener: pursuanl :0 the Florida Evidmnntudn may hc relaxed at lhc snln discretion of the presiding chairperson of [he applicablecommas.?rms-31ycvidcnnn may be admissibln and used in supplnmcnl or cxplalnnlhcr evidence. in)Unlnssmhcrwisc11er by llin Cudn.the burdenof pmol‘slanllread withthe Pmlnslam.Th:standard nl‘pmnl'for prnnnmlings hummer shall he sham n Pmuml. Division mmmmdniinn nr me donisirm ur inlnndnd decision in question was clearly nrrnnnnus.arbilmry.or capricinus.fraudulanan nlhcrwiscWilliamany basis in fan: or law.In any prolns:[wounding challenging a dncisim (1r intendnd decision in mjncl all bids pmposalanr replies.lhn standard or mvicw shall be whnlherlhc dunisinnor inurndn ddccisianisillegal.arhilrnry.dishnncsLor fraudulnnll (ill A mainrily vote of the members nl‘in:applicable nommiunc shall be required in mm a primal,lanrwnrlc nolhwlsn.din protest shall be deniedand upon nxcculim hy EhcMayor Of his dcsignnn.said vole andlnrdcnisinn of the appllcnhlc awards commillcn shall be poslod and shall mprcscnl ?nal agencyactiun. liain?lnx?l In?epmdnnl Ami-y,Board at Delegated Authority [F a pmlnsl is [?nd and lllnsolinilnlinnis for the bnnc?lol'nn Wencndnmagency.hum-d,or d‘nlcgalcd lulhurily lh?l has its own nslnbllshcd pmcummcn:proclaim-nand lines rm:us: the Clw‘s pmrnnm pmnss annularprotest pmnndurcs, Ilicn lllc [vermin or cnlily plunging musl follow "If:Ful?l procedurcs or lhal indnpnndcmlagency,hoard.nr delegated anihnrily. The pin-EndingPramrnmnnlFrommPmccdurnsan:herebyadnplndIllls lmvdnyof Nnvcmbnr202%,hp Ilin undnrsignnd Chinfol‘ PronummnmI‘m immndinln lmplnmnnlalinn.and will remainin full force and cll‘cnl unlil such :imnas they my be family 11‘.le amendm.wpplnmlcd,suspended.or ahulishnd. ProcurementDivislnn w Gidj?iy-wan.Chief 21w.ll:5'Sui-cl.5nl1r:anon Jackson?llc,Florida 32202 (904}255-8801)-Phone 1994)2554333?—Facsimile H':3.?Wynne a;53 BID #SC— Agenda Item #8.E. 13 May 2024 Page 194 of 199 DDY 0am Date of Eligibility VENDOR VENDOR-FEIN #...Reinstatement DateDlsquall?catlon Revised 12/07/ BID #SC-0397-22 DISQUALIFIED/PROBATIONARYSUPPLIERS LIST In accordance with the City’s Procurement Code 126.201 (1)(1),the Chief of Procurement and all agencies are advised to cease doing business with disquali?ed suppliers as they appear on this list.However,any existing contracts held by the suppliers listed below should be completed. Able Lumber and Su 1 593198312 07/1 8/1997 07/18/1998 *A uino Construction Com an Inc.00001424 04/19/2018 04/19/2021 Armored Car Services 593191058 02/10/2000 02/10/2001 *Arnett Contractin ,Inc.223965485 06/04/2010 06/04/2013 Ashland Technolo ies Inc.12/03/2021 PERMANENTLY *Aztec American Builders Inc.00012849 01/10/2018 01/10/2021 **B.Robinson Co oration 00008704 10/24/2018 10/24/2019 C &H Construction 593216284 03/07/2002 03/07/2003 Carolina Pa er Mill 593579372 10/20/1980 10/20/1981 *Cleft Landsca e M mt.590036843 10/26/2000 10/26/2001 Concerned Citizens of Developing the Disable Inc.d/b/a A.I.C.R.07/23/1998 07/23/1999 Court Yard Conce ts 593198312 05/07/1997 05/07/1998 Creed Com an 45 35794]03/07/1990 03/07/1991 D&D Site Work Inc.10/9/2013 10/9/2016 Elite Public Safet 03/25/2000 03/25/2001 Fire Defense Centers 593035606 06/08/1987 06/08/1988 *First Coast Site Contractors 273995727 10/26/2012 10/26/2013 **Francbeth Inc.59365 8944 07/9/2014 07/9/2015 *GA Janitorial Cleanin Svcs.Inc.010684614 08/31/2009 08/31/2010 Geor e Patterson &Assoc.59317759 06/05/1998 06/05/1999 G K Solutions 593541756 09/08/1999 09/08/2000 **J&J Rec clin and Demo LLC *****1758 04/21/2015 10/21/2015 Kin dom Cleanin *****6694/*****9 8 10/20/2015 10/20/2017 *Process Server Ente rises LLC 263336079 04/29/2010 04/29/2011 **Ra T.Freiha Construction Inc.593615599 06/01/2010 06/01/2012 *The Real Dirt Busters *****3042 10/26/2012 10/26/2015 **Sheza General Contractors Inc.593430930 11/02/2010 11/02/201 1 Ti er Tale Publication 05/2 1/1998 05/21/1999 Whittle &Sons 07/25/1980 07/25/1981 *Suppliers disquali?ed/debarred from bidding as Prime and/or Sub Contractors “Suppliers placed on probation for a period of 6 months or more 40 Agenda Item #8.E. 13 May 2024 Page 195 of 199 8g BID #SC-0397-22 CI Do not meet minimum requirements Cl Do not offer these commodities /svcs NO BID FORM UNABLE TO SUBMIT A BID?WE SINCERELY HOPE THIS IS NOT THE CASE. Ifyour ?rmcannot submit a bid at this time,pleaseprovidethe informationrequestedin the space provide dbelowandreturnitto: City of Jacksonville Procurement Division 214 North Hogan St.,Room #105 Jacksonville,Florida 32202 El Insufficient time to respond CI Con?icts with production schedule Cl Unable to meet bond requirements Cl Other (please state below) Phone:State: Su estions: Company Name: Signature & Title: Street: Cit ' PLEASE SUBMIT THIS FORM ONLY'DO NOT SEND BACK THE BID PACKAGE We are unable to submit a bid at this time due to the following reason(s): Agenda Item #8.E. 13 May 2024 Page 196 of 199 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: TODAY’S DATE: MEETING DATE: SUBMITTED BY: BACKGROUND: Ordinance No.20-24-173 appropriating $246,000 to the Community Redevelopment Fund for the creation of a Vision Zero Action Plan. May 2,2024 May 13,2024 Kevin Hogencamp,Deputy City Manager The City desires to Vision Zero Action Plan establishing a holistic,well- de?ned strategy to prevent roadway fatalities and serious injuries in Atlantic Beach.The City of Atlantic Beach has been awarded a $200,000 US. Department of Transportation Federal Highway Administration Of?ce Safety Streets and Roads for All grant for this purpose.City staff is reviewing bids from three ?rms that submitted proposals to work with staff to create the action plan.The grant requires a $50,000 match. The funding source for this program,the Community Redevelopment Fund, was established in or about 2017 for the purpose of facilitating safety and/or economic development.Most recently,$200,000 was allocated from this fund for Mayport Road ?yover murals;that prospective project was suspended,however. RECOMMENDATION:The City Commission consider approving Ordinance No.20-24-173 on ?rst reading. REVIEWED BY CITY MANAGER: ATTACHMENT:Ordinance No.20-24-173 Agenda Item #9.A. 13 May 2024 Page 197 of 199 ORDINANCE N O.20—24—173 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2023 AND ENDING SEPTEMBER 30,2024,AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level;and WHEREAS,the nature of budgetary systems and those day-to-day decisions affecting such budgetary systems require adjustments from time-to-time,and WHEREAS,the City desires now to amend the current operating budget funds totaling $250,000 for the expenditure of the $200,000 reimbursable Safe Streets and Roads for All grant and the $50,000 City match to create a Vision Zero Action Plan. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA that: SECTION 1.The Fiscal Year 2023/2024 Operating Budget is hereby amended as follows: COMMUNITY REDEVELOPMENT FUND Comprehensive Flaming Expenditures: Other Contractual Services Total Expenses:§50;000 Restricted Fund Balance: GENERAL FUND Page 1 of 2OrdinanceNo.20-24-173 $505000; Total Expenses:200 000 Expenditures: Other Contractual Services Fund Balance:$200900; Agenda Item #9.A. 13 May 2024 Page 198 of 199 SECTION 2.This ordinance shall take effect immediately upon adoption. PASSED by the City Commission on ?rst reading on the 13thday of May 2024. PASSED AND ADOPTED by the City Commission on second and ?nal reading on this 28th day of May 2024. Jason Gabriel City Attorney Page 2 of 2OrdinanceNo.20-24-173 ATTEST: Curtis Ford Mayor Donna L.Bartle City Clerk Approved as to form and correctness: Agenda Item #9.A. 13 May 2024 Page 199 of 199