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5-13-24 Final Agenda
City of Atlantic Beach Final 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 * 1.B. Approve Minutes of the Regular Commission meeting held on April 22, 2024. 4-22-24 Regular City Commission Draft Minutes 11 - 17 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 19 PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (May - July 2024) 90-Day Calendar (May - July 2024) 21 - 24 3.B. Police Department 2023 Annual Report Police Department 2023 Annual Report 25 - 50 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS * 4.A. National Safe Boating Week 2024 (Mayor Ford) National Safe Boating Week 2024 51 * 4.B. Duval County Public Schools (DCPS) Records Request (Commissioner Ring) DCPS Records Request 53 - 54 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. Page 1 of 237 Regular City Commission - 13 May 2024 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 55 - 57 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 59 - 63 7. COMMITTEE REPORTS None. 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 65 - 70 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 71 - 77 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 79 - 135 Page 2 of 237 Regular City Commission - 13 May 2024 THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 24-25 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. 24-26 137 - 166 * 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. 24-27 167 - 234 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 20-24-173, Introduction and First Reading 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. 20-24-173 235 - 237 10. MISCELLANEOUS BUSINESS None. 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. Page 3 of 237 Regular City Commission - 13 May 2024 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 Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting. Page 4 of 237 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 237 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 237 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 237 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 237 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 237 ------ 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 237 Regular City Commission April 22, 2024 MINUTES Regular City Commission Meeting Monday, April 22, 2024 - 6:30 PM Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:30 PM. CC Bartle called the roll. 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) Kevin Hogencamp, Deputy City Manager (DCM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meetings held on March 25 and April 8, 2024. Mayor Ford asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Ford stated the minutes stand as submitted. 2. COURTESY OF FLOOR TO VISITORS 2.A. Boys and Girls Club of Northeast Florida update - Paul Martinez, President/CEO Mr. Martinez provided an update and answered questions from the Commission. 2.B. 2024 Water Conservation Proclamation Mayor Ford briefly spoke about this proclamation. 2.C. Scout Lodge of Troop 37 proclamation Page 1 of 7 Agenda Item #1.B. 13 May 2024 Page 11 of 237 Regular City Commission April 22, 2024 Mr. Daniele Giovannucci spoke about his troop and allowed two of the scouts to tell everyone what the Scout Law is. Commissioners spoke positively about the impact of Boy Scouts. Mayor Ford read the proclamation and provided a copy to Mr. Giovannucci (which is attached hereto and made part of this Official Record as Attachment A). 4-22-24 Attachment A PUBLIC COMMENT Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. CC Bartle called each speaker to the podium. April Carney, School Board Member - District 2 provided a statement regarding Atlantic Beach Elementary (ABE) and encouraged everyone to continue to bring concerns to the school board. Mrs. Carney answered questions from the Commission. Doug Conkey spoke about the importance of water conservation. Penny Rauckis encouraged the community to continue to advocate for ABE. Marcus Pickering expressed that he would like for the City to explore legal remedies in the event of a school closure. Stacey Chrisman spoke about the value of ABE. Emily Hall explained reasons why ABE should not be closed. Lisa Herrold expressed support for ABE. Lea Hansen advocated for ABE. James Cummings encouraged everyone to continue advocating for ABE. Sarah Boren spoke about updates from ESC and the heritage trees that are being dedicated. Jane Stevens made suggestions regarding water conservation. Gabe Moses expressed that he would not want to lose ABE. Meeting Recessed at 7:24 PM. Meeting Reconvened at 7:34 PM. 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (May-July 2024) Page 2 of 7 Agenda Item #1.B. 13 May 2024 Page 12 of 237 Regular City Commission April 22, 2024 CM Killingsworth reported as detailed in the agenda. MOTION: Approve the 90-Day Calendar. Motion: Jessica Ring Second: Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring (Moved By) For Motion passed 5 to 0. 3.B. Naming Policy CM Killingsworth briefly reported as detailed in the agenda and requested guidance from the Commission. The Commission provided comments and directed CM Killingsworth to bring this item back as a resolution. 3.C. Additional Updates Informed the Commission that a resolution will be brought forth regarding Dora Street. Made suggestions regarding bicycle signs on Beach Avenue and answered questions from the Commission. CA Gabriel expressed that he would complete research on this and report back to the Commission. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole Encouraged everyone to support the Boy Scouts, Boys' and Girls' Clubs and children enrichment programs alike. Spoke about water conservation in regard to the lift station generator. CM Killingsworth reported that this discussion is ongoing. Commissioner Kelly Expressed appreciation to those that clean up after baseball and farmers market events. Commissioner Ring Reported that the Town Hall meeting was a great success. Thanked April Carney and the Boys and Girls Clubs for their involvement in the community. Commissioner Waters Expressed that he is happy to see the support for ABE. Briefly spoke about the traffic and parking issues as it relates to baseball and the farmers market. Page 3 of 7 Agenda Item #1.B. 13 May 2024 Page 13 of 237 Regular City Commission April 22, 2024 Mayor Ford Asked if the City has looked into water conservation solutions. CM Killingsworth mentioned that he would look into the logistics. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA 6.A. Authorize the City Manager to approve the purchase order in the amount of $25,119.90 to Gruhn May, Inc. for the labor and materials to install the pipe system from the well to the ground storage tank. 6.B. Approve the 9-1-1 Interlocal Agreement for the distribution of 9-1-1 funds for call taker salaries and authorize the City Manager to sign the 9-1-1 Interlocal Agreement between the City of Atlantic Beach and the City of Jacksonville. MOTION: Approve the consent agenda as written. Motion: Jessica Ring Second: Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring (Moved By) For Motion passed 5 to 0. 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 24-16 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A FORTY-SIX INCH-DIAMETER LIVE OAK TREE AT 401 SKATE ROAD AS A HERITAGE TREE; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. CM Killingsworth explained the resolution and answered questions from the Commission. MOTION: Approve Resolution (No.) 24-16. Page 4 of 7 Agenda Item #1.B. 13 May 2024 Page 14 of 237 Regular City Commission April 22, 2024 Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Michael Waters For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 8.B. RESOLUTION NO. 24-17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A FIFTY INCH-DIAMETER LIVE OAK TREE AT 1644 SEA OATS DRIVE AS A HERITAGE TREE; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. CM Killingsworth explained the resolution. MOTION: Approve Resolution No. 24-17. Motion: Jessica Ring Second: Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Michael Waters For Candace Kelly For Jessica Ring (Moved By) For Motion passed 5 to 0. 8.C. RESOLUTION NO. 24-18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A THIRTY-FIVE INCH-DIAMETER LIVE OAK TREE AND A THIRTY-EIGHT INCH-DIAMETER LIVE OAK TREE AT 1865 HICKORY LANE AS A HERITAGE TREE; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. CM Killingsworth explained the resolution. MOTION: Adopt Resolution No. 24-18. Page 5 of 7 Agenda Item #1.B. 13 May 2024 Page 15 of 237 Regular City Commission April 22, 2024 Motion: Michael Waters Second: Jessica Ring Curtis Ford For Bruce Bole For Michael Waters (Moved By) For Candace Kelly For Jessica Ring (Seconded By) For Motion passed 5 to 0. 9. ACTION ON ORDINANCES None. 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CC Bartle Reported that she will not be at the next meeting. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Ring Thanked CM Killingsworth for presenting the naming policy. Expressed that she would like everyone to advocate for rezoning ABE to include all of AB. Commissioner Kelly Asked about the upcoming parade. DCM Hogencamp reported on the plans. Commissioner Bole Expressed that ABE should be addressed from a standpoint of a school board member. Mayor Ford Agreed with Commissioner Bole's sentiments regarding ABE. Expressed that he would like to look into the possibility of obtaining a covered shelter for future Acoustic Night events. 13. ADJOURNMENT The meeting adjourned at 8:05 PM. Attest: Ladayija Nichols, Deputy City Clerk Curtis Ford, Mayor Page 6 of 7 Agenda Item #1.B. 13 May 2024 Page 16 of 237 Attachment A to 4-22-24 Minutes Page 7 of 7 Agenda Item #1.B. 13 May 2024 Page 17 of 237 Page 18 of 237 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 19 of 237 Page 20 of 237 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 21 of 237 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. 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Emm. voEEEoU2330 “cosmohomm“mg 3 Ao?oméoEC Em cmno “8528800 35 *N C Ghoméoia Em omb so?mmEHEoO55 OH 89 N-Em2 H9132 $085» £5 :36 Ea c Emwzoumsoo< 35 2033: En N-EmOH “8132 EuESL mm 3th sommsmv Em NEE E «BEE 955.5 # oH Q8.»2033: En més 3 EMSE mposumm 95msue :a o ueozooEoiawuom 33m 20335 Em.NAENOH “BEE msgmm {\lN Agenda Item #3.A.13 May 2024 Page 23 of 237 1428 Q5 Evanas2aw:850% wmom ZOHmmH—z—ZOU>H~U .w/dHMDH/d“CAGE;.CAZZEC.C.Qm..._/HQ..._...//.5.me:5..C.QZOZ .?/‘QZDm .Edo .B?opsm banmasmsm0% cmmm 3980203$ :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 24 of 237 U L REPORT 2023 Att?amt?c Be ch P DimDe a1 Itmru Tel:904-247-5859 Web:www.coab.us/police 850 Seminole Road,Atlantic Beach,FL \tlantic Beach Police D partment Agenda Item #3.B. 13 May 2024 Page 25 of 237 ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 26 of 237 m TABLE OF CONTENTS MESSAGE FROM THE CHIEF STRATEGIC PLANNING ACCREDITATION ANNUAL REPORT SUIVIMARIES FAIR AND IMPARTIAL POLICING RECRUITING AND RETENTION RESPONSE TO RESISTANCE PURSUIT REPORT INVESTIGATION &ADMINISTRATION DIVISION ANIMAL CONTROL AUDITS OF CASH FUNDS CITIZEN SURVEY SUMMARY COMPLAINTS CONFIDENTIAL INF ORMANTS JUVENILES PROPERTY AND EVIDENCE AUDITS OPERATIONS DIVISION COMIVIUNICATIONS CENTER INFECTIOUS DISEASE/EXPOSURE CONTROL PLAN OCEAN RESCUE CROSSING GUARDS COMMUNITY INITIATIVES &CITIZEN OUTREACH DIGITAL MESSAGING TRAINING SUMMARY VOLUNTEER PROGRAM 2023 AGENCY STATISTICS CRIME STATISTICS UNIFORM CRIME REPORTING USE OF FORCE REPORTING CRIME MAPPING ONLINE SERVICES \O\I\I\IO\O \U‘I 10 11 11 11 12 12 12 13 13 13 15 15 16 17 19 19 21 22 23 23 24 24 25 ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 27 of 237 ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT publication Agenda Item #3.B. 13 May 2024 Page 28 of 237 MESSAGE FROM THE CHIEF Victor L.Gualillo Chief of Police April 2024 Dear AB residents, 1 am pleased to share with you the Atlantic Beach Police Department 2023 Annual Report.This report offers a snapshot of our department’s work to serve and collaborate with the community and summarizes our commitment to making Atlantic Beach a safe place to live and work together.In 2023 we continued to focus our efforts on improving service through leveraging technology and partnerships,creating positive interactions with the community to build and maintain trust,and being responsive to community concerns.This report contains crime data collected and reported through the new National Incident Based Reporting System, however,our crime statistics are only a small part of our annual report.The ABPD works in partnership with the Jacksonville Sheriffs Of?ce Crime Analysis Unit to evaluate and analyze the most current data and crime trends to provide the highest level of service to our citizens.I hope you ?nd additional information in this report that helps better explain the wide variety of services we provide to our community and how we always strive to improve ourselves. It is an honor to work with the dedicated and professional men and women of the Atlantic Beach Police Department who serve you 24 hours a day.On behalf of our of?cers,civilian staff,and volunteers,we look forward to continuing to serve AB with Integrity,Courage,and Excellence. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 29 of 237 STRATEGIC PLANNING The department is transitioning to a three-year strategic plan format that will include objectives in the areas of Crime Reduction &Public Safety,Agency Development,and Community Relations.Our future planning reports will be based on the calendar year with an annual progress summary.During the 2022- 2023 ?scal year,our strategic planning committee reviewed strategic planning best practices,conducted analysis,and established metrics for measurement during this time of transition.The next strategic plan will be released in January 2025. ACCREDITATION Accreditation is a voluntary and rigorous review of a departments operation that has long been recognized as a means of maintaining the highest standards of professionalism.The Atlantic Beach Police Department is accredited by the Commission for Florida Law Enforcement Accreditation (CFA) and the Florida Telecommunications Accreditation Commission (FL-TAC). The accreditation process that reviews police operations and support services requires the agency to comply with up to two hundred thirty-?ve (235)standards and includes an in-depth review of the organization’s policies and practices.Three independent assessors review written policies,examine proofs of randomly selected accreditation standards,physically audit the police department facilities, inspect police vehicles and equipment,randomly interview of?cers and civilian staff about their knowledge of accreditation standards and departmental policy and are afforded the opportunity to view displays of the agencies programs and specialized service.The CFA is the accrediting body within the state of Florida and is led by a board of directors that consists of ?ve (5)Chiefs of Police,?ve (5) Sheriffs,one (1)Judge and four (4)civilian subject matter experts. Our communication center is the Public Safety Answering Point (911)for residents,businesses and schools within Atlantic Beach.Our accreditation is held with the FL—TACand is speci?c for emergency communications centers and is an additional certi?cation along with the CFA law enforcement accreditation.We maintain adherence to seventy-nine (79)standards in addition to those required by the CFA that apply to our Communications Center.The accreditation process requires a signi?cant commitment and ability to continuously improve.This process translates to more effective and ef?cient delivery of services to the community we serve,greater accountability and transparency as an organization,and a sense of pride that our of?cers embody and represent the very best in law enforcement. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 30 of 237 htt s://c0ab.us/694/Annual—Reorts. ANNUALREPORTSUMMARIES FAIR AND IMPARTIALPOLICING The purpose of this review is to determine agency compliance with current laws prohibiting biased based pro?ling,review agency policies and practices,and ensure that any actions or allegations involving biased based pro?ling were properly documented and investigated. The result of this year’s review concluded that all current policies in effect are in compliance with state legislation prohibiting biased based enforcement activities.All enforcement activities audited during this review were the result of enforcement of a criminal law and met the burdens of proof as required.Agency policy speci?cally prohibits any member of the Atlantic Beach Police Department taking action based, in whole or in part,on a person’s race,ethnicity,sexual orientation gender identi?cation,physical handicap,economic status,age,cultural group,religion or other belief system.The Atlantic Beach Police Department prohibits bias based pro?ling.Based on the information reviewed during this analysis, agency practice conforms to these regulations. The full report can be viewed at: RECRUITINGAND RETENTION Throughout 2023,?ve full time sworn members and two full time civilian members resigned or retired. In the same year seven full time sworn members and two civilian members were hired.One full time sworn position was lost in the budgeting process for FY 2023 —2024.As of December 31,2023,there remained ?ve full time sworn of?cer position vacancies.One new sworn of?cer in 2023 did not complete the police academy successfully,one full time of?cer was terminated due to policy Violation,and three full time of?cers resigned throughout the year.Of the three full-time of?cers that left,one medically retired,one sought employment at a nearby agency and one left the law enforcement profession. In 2023,the agency continued to face many challenges recruiting law enforcement of?cers.The law enforcement profession nationwide continued to have a negative stigma,and police academies throughout the state saw a decrease in enrollment.Hiring of?cers remains extremely competitive,with many agencies offering sign on bonuses and higher starting wages.Most of our recruiting success is through word of mouth from existing employees,but we also had a lot of success in going to the local police academy and talking about our agency.In an effort to attract more quali?ed applicants and retain current employees our police pay scale was raised 5%,through the negotiation process between the city and police union. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT r‘ Agenda Item #3.B. 13 May 2024 Page 31 of 237 The department website will continue to be updated with current information and photos to share our mission and values to perspective applicants. The department hired two people in the “Police Trainee”position.The Police Trainee positions are used when we select people through the normal applicant process that do not have police certi?cation. The agency then hires them and pays them as they go through the police academy in exchange for signing a three year commitment contract.Although one of the hires did not successfully complete the academy, the other trainee has proven to be a valuable member of our agency. The department conducted an employee survey at the end of 2022.The comments were all collected and reviewed by the command staff in early 2023.Several suggestions from existing employees were implemented,helping with internal morale amongst the of?cers. We rolled out a new vehicle design package in 2023 that was created by members of the department.As new cars are ordered,the new color and design will continue to be used on new patrol vehicles.In 2023,we also used a new car to become the recruiting car.It was wrapped in a design that showcased members of the ABPD,with a QR code to access our employment application.We use that car to attend different community events and recruiting opportunities at various police academies.We also digitized our recruiting brochure and put it online,making it accessible by QR code.The QR code was printed on business cards in an effort to make it easier to provide updated information in a timely manner. The agency will continue to research and use new and innovative ways to recruit and bring positive attention to our agency,proving to all that this is the most desirable law enforcement agency in Northeast Florida to work for! The full Recruiting and Retention report can be viewed at:htt s://coab.us/694/Annua1—Reons. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 32 of 237 RESPONSETO RESISTANCE The department is invested in conducting regular training on many topics including techniques in verbal de—escalation,racial equity,and diversity in addition to the physical skills needed for handling situations involving a resisting suspect.This training is reviewed regularly to ensure it complies with current best practices and the members Department training is updated as necessary.In addition,as a gauge of performance the department reviews its activities and compiles annual reports in several areas in addition to Response to Resistance. None of the incidents requiring a response to resistance report met the threshold for reporting to the State of Florida Use of Force reporting database. The community within the jurisdiction of the Atlantic Beach Police Department consists of more than 13.000 residents living within its boundaries.During 2023,the Department was budgeted for thirty three (33)full time and two (2)part time police of?cers.The Department handled 23,399 calls for service during 2023.This number increased by a little over 2,300 calls from last year.Of?cers made 341 arrests this year and needed to use force in only 8 of those arrests.This represents 2.34%of arrests.Of?cers made 102 fewer arrests in 2023 than in 2022.The percentage of arrests where force was used went down 1.05%for 2023. This year the total number of Response to Resistance incidents was eight (8)which is a half the amount of last year.Of the eight (8)incidents requiring Of?cers to complete Response to Resistance reports,all were reviewed internally by the involved of?cers immediate supervisor and their chain of command. All were found to be in compliance with policy and State and Federal law.In addition to adhering to policy and legal standards,the data con?rmed that Of?cers are acting within the scope of their training and policy. The Atlantic Beach Police Department continues to stay up-to-date on the latest legal ?ndings and trends in law enforcement related to response to resistance including,training documentation,case review and new technologies.As always,the Department will continue to review all incidents where our of?cers respond to resistance offered by suspects and debrief those cases with Of?cers to provide continual feedback and training as needed. The full report can be viewed at:htt s://coab.us/694/Am1ual-Re orts. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 33 of 237 PURSUITREPORT Having a standardized process for reporting and analyzing pursuit data is an important step in assisting law enforcement agencies to engage in safer vehicle pursuits.It is the policy of the Atlantic Beach Police Department to complete an annual documented analysis of all pursuits.The purpose of the analysis is to look for indicators of training needs,equipment upgrade needs or policy modi?cations needs. It is also the policy of the Atlantic Beach Police Department that a motor vehicle pursuit is justi?able only when the necessity of immediate apprehension of the suspect(s)outweighs the level of danger to the community created by the pursuit.In instances where immediate apprehension cannot be made with reasonable safety,an of?cer shall attempt to obtain suf?cient information to make an apprehension of the offender at a later time. From January 2023 thru December 2023 of?cers conducted ten thousand six hundred-ninety six (10,696) traf?c stops of those ?ve (5)resulted in Vehicle Pursuits.All ?ve (5)pursuits were reviewed by the chain of command.One (1)was determined to possibly be in con?ict with department policy and referred for further review.The others were found to be in compliance with policy. The pursuit that required further review was determined to be outside of policy because it was not properly terminated by the of?cer and resulted in the of?cers patrol vehicle striking an unoccupied parked vehicle.The of?cer received counseling and speci?c retraining in reference to proper pursuit procedures.. Of the four remaining pursuits in 2023,one (1)pursuit was terminated by the suspect when he surrendered,two (2)pursuits were terminated by the supervisor,and in one (1)pursuit the suspect who ?ed on foot was located and arrested.All of these pursuits were found to be within policy. The Pursuit Intervention Technique (PIT)is the Department’s preferred means of conducting a controlled termination of a vehicle pursuit.Only members that have been trained in the Pursuit Intervention Technique (PIT),may utilize these maneuvers and blocking techniques.No vehicle pursuits were terminated through the use of a PIT maneuver in 2023.The full report can be viewed at: htt s://coab.us/694/Annual-Re orts. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 34 of 237 &ADMINISTRATIONDIVISIO ANIMALCONTROL During 2023 Atlantic Beach Animal Control Of?cers handled one thousand two hundred seventy-one (1,271) telephone consultations with citizens,twenty-nine (29) animal bite investigations and ?fty (50)animal cruelty investigations.Care was provided to two hundred-twenty- ?ve (225)animals passing through the AB shelter,seventy (70)animals were returned to owners.Thirty (30)cats were sterilized through the TNR (Trap-Neuter- Release)program.Two hundred ?fteen (215)warnings were given and one hundred eighty-two (182) citations were issued. AUDITs 0F CASH FUNDS The police department is responsible for the management of three cash accounts;petty cash,Offsite payments and the con?dential funds account.During 2023,quarterly audits were conducted for all accounts,all entries were deemed accurate and all expenditures,if applicable,were within policy. CITIZENSURVEYSUMMARY In 2023,ninety-six (96)surveys were mailed out to citizens who had received services from the Atlantic Beach Police Department and approximately one hundred (100)were distributed by of?cers to citizens who had interactions with our of?cers.Twenty-one (21)of the surveys were ?lled out and returned with an average rating of excellent.Seven (7)were marked return to sender or had address issues. COMPLAINTS In 2023,there were seven (7)of?cial complaints made on department members.Many of these complaints were related to policy/procedure violations.One complaint of harassment was determined to be unfounded and two complaints were exonerated.On all sustained complaints,the course of action/discipline is based on the severity of the offense.One resulted in counseling,two in warnings and one of?cers take home car privileges were suspended for seven (7)days.No complaints rose to the level of an internal affairs investigation during 2023. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 35 of 237 CONFIDENTIALINFORMAN A con?dential informant is any person who,by reason of his or her familiarity or close association with suspected or actual criminals,can make a controlled purchase or controlled sale of contraband,can or does supply regular information about suspected or actual criminal activities to law enforcement,or can otherwise provide information important to ongoing criminal intelligence gathering who,through such efforts,may be seeking to improve his or her status in the criminal justice system. In February of 2023,the Commander of Investigations reviewed the practices for recruiting,control,and use of con?dential informants and found them to be in compliance with agency policies and procedures as well as Florida Statutes.The use of a tracking log is in place for documenting who and for what purpose a con?dential informant ?le was accessed.The con?dential informants’policy,Order 403,was also reviewed and found to be consistent with FSS 914.258 (Rachel’s Law).The funds associated with this process were audited quarterly as discussed in the cash fund section earlier. J UVENILES Addressing juvenile crime and diversion are a priority for the ABPD.The agency strives to use the lowest appropriate level of law enforcement intervention when addressing juvenile offenders.The Fourth Judicial Circuit’s Juvenile Civil Citation program continues to be the preferred means of providing an alternative to arrest for juvenile offenders,when appropriate.The Atlantic Beach Police Department contacted eighteen (18)juvenile offenders during the course of 2023.Of these,ten (10)were eligible for diversion through the Civil Citation Program managed by the State Attorney’s Of?ce and the Juvenile Justice Department.The remaining eight (8)that did not qualify were arrested and processed through the Fourth Judicial Circuit’s Juvenile Justice Division. PROPERTY AND EVIDENCEAUDITS The property and evidence division is a critical component of our agency.We have very speci?c and stringent protocols for the security and handling of the property and evidence in our possession.We use inspections,audits and inventory counts to ensure strict adherence to protocols are consistently being followed. The property and evidence division received an unannounced inspection from the Chief of Police on 7/7/23.The Chief found that it was operating within the guidelines of established controls,policies and operational procedures.No corrective actions were required.On 8/9/23,Lieutenant Jamison conducted ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 36 of 237 the annual examination of the property and evidence division and found the condition to be acceptable and passing in all examination categories.On 8/15/23 a random,spot inventory was conducted by Property and Evidence Custodian,Vicki Schmechel and Support Services Manager,Loren Rellah.The locations of all items under review were veri?ed and all items were accounted for OPERATIONSDIVISION COMMUNICATIONSCENTER The police department maintains a 24/7 communications center that serves as a public safety answering point (PSAP)for the City of Atlantic Beach.The members of our communications center operate 911 systems,phone lines,radio systems,computer aided dispatch (CAD)systems,criminal database systems, and numerous other computer systems used by the police department.They are the ?rst link in our public safety system,receiving calls from citizens and dispatching emergency services and assisting in the coordination of various agencies responding to public safety situations within the city. In 2023,our communications center received twenty-three-thousand-nine-hundred-eighty- seven (23,987)non—emergency phone calls and two thousand ninety-?ve (2,095)911 emergency calls through 9-1—1.A total of twenty three thousand three hundred ninety-nine (23,399)were calls for service requiring data input,monitoring and disposition through the use of the computer aided dispatch system (CAD).During 2023,the communications center made forty-seven (47)entries into the Florida and National Criminal Databases,FCIC/NCIC.These entries include stolen vehicles,tags,other items,and missing persons. The Police Department communications center also participated in a Criminal Justice Information Systems audit to ensure compliance with applicable technology and information systems security features and processes.The agency was found in compliance with all applicable CJ IS requirements. During 2023,the Communications Center also went through an assessment review for its Florida Telecommunications Accreditation Commission triennial reaccreditation process.This assessment went very well,and the agency was recommended for re—accreditationfor the Communications Center,which will be reviewed by the Commission and awarded in spring 2024.Training plans,policies,and procedures are reviewed and updated as necessary.All communications equipment designated for use in critical incidents or during unusual occurrences was inspected and tested for operational readiness and was found to be in working order,and ready for use.The staf?ng issues the Communications Center experienced in 2022 were not a reoccurring issue.Two dispatchers departed during 2023,but highly ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 37 of 237 quali?ed and experienced dispatchers,both with over 20 years’experience,were recruited and hired during 2023 with minimal impacts to operations or service levels. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 38 of 237 INFECTIOUS DISEASE/EXPOSURECONTROLPLAN There are many positions within the police department where the potential for exposure to infectious disease is possible.We regularly train and review protocols to ensure the safety of our members.On March 22,2023,the Operations Support Lieutenant conducted the annual review of the department’s exposure control plan and minor revisions to incorporate permanent COVID references and protocols. OCEANRESCUE Atlantic Beach Ocean Rescue (ABOR)consists of approximately thirty (30)seasonal lifeguards.The season runs from April —September.All new recruits complete 45 hours of Emergency Medical Responder (EMR)training and forty-?ve (45)hours of United States Lifesaving Association Lifeguard training.The graduating recruit class then enters a ?eld training phase,working with senior lifeguards for sixteen (16)hours.New lifeguards receive over one hundred (100)hours of training before they are eligible to work alone on a tower.Returning lifeguards receive sixteen (16)hours Ofpre—seasonrefresher training as well as personal watercraft and emergency vehicle operation classes for those that qualify. Last year,ABOR watched over approximately sixty-eight thousand ?ve hundred seventy-seven (68,577)beachgoers.They performed thirteen (13)rescues,eight (8)preventative actions,responded to one hundred sixty—one(161)medical cases.They also assisted in locating three (3)lost people. For more information,please visit: TIC ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT https://coab.us/29/ Ocean~ RescueLifeguards Agenda Item #3.B. 13 May 2024 Page 39 of 237 CROSSING GUARDS The department employs two part—timecrossing guards to help children of Atlantic Beach Elementary School safely across heavily traveled roads every morning and afternoon when school is in session.Our dedicated crossing guards completed annual training prior to the school year and serve admirably, keeping all the children safe each day.Because of their efforts,there were no crashes or incidents during the school year at crossing locations that were manned by the department crossing guards.They’re very active and friendly with the school children and are well—regardedby the community. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 40 of 237 COMMUNITYINITIATIVES&CITIZEN OUTREACH The department continued to make community initiatives and engagement a major priority throughout the year.The department knows we can only be successful if we have the support of our community and ensure our relationship with our citizens is a top priority.We sponsor or participate in events to create opportunities for residents and non—residentsalike to meet and build relationships with members of the police department and to give back to the community.In 2023 the police department offered CRASE (Citizen Response to Active Shooter Events)training as well as CPR certi?cation and training to our community.With the help of our local business partners,citizens,and police volunteers,we gave away Christmas baskets to families in need,we helped a local partner give away winter jackets and school supplies to children in need,provided building tours and safety presentations for youth groups and other civic organizations,offered Santa the use of a Lifeguard Chair in front of the Police Department Building,hosted a Community Career Day for youth,,participated in the National Night Out event, hosted our Not-So—Scary Haunted House,and collected over one thousand (1,000)new toys at our annual toy drive for local children,far exceeding prior years. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 41 of 237 ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 42 of 237 4,!7 IJm'."Nu?!an 'hn _‘,App Storer DIGITAL MESSAGING The Atlantic Beach Police Department uses many platforms to reach our residents.Currently we use the City webpage,F acebook,Instagram,and Saferwatch as means of providing information to our residents. Our SaferWatch app is a two way communication platform.The police department uses this app to send messages and information out to anyone that subscribes to the service and users can submit tips or make anonymous reports to the police department through the app.The anonymity component of the app is attractive to many residents who wish to provide information without identifying themselves.In 2023, ABPD sent out ten (10)alerts to users and received one-hundred-twenty—six (126)tips from citizens. SaferWatch is free to download and is available on both iOS and Android platforms. TRAININGSUMMARY Advanced training is an integral part of maintaining highly skilled,knowledgeable and con?dent employees.Besides the mandatory retraining that is required by the state of Florida,our employees attend hundreds of hours of advanced training speci?c to their assignments.In 2023,some examples of the advanced training topics that personnel attended include:advanced ?rearms topics ,DUI enforcement,traf?c radar/laser operation,general and high-liability instructor topics ,interviews and interrogations,?rearms armorer courses,public records topics,overdose and narcotic investigations , CPR instructor certi?cation,animal control and cruelty investigations,?eld training of?cer,de — escalation tactics,tactical medical care,advanced patrol topics,and supervision and leadership training. Internal training on active shooter and threat response,patrol procedures,use of force,CPR and ?rst aid, and other topics were also provided totaling over ?fty (50)hours per of?cer.All employees completed all mandated training that is required by the state. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Google Play Agenda Item #3.B. 13 May 2024 Page 43 of 237 ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 44 of 237 CIVILIANVOLUNTEERPROGRAM The Police volunteer program began in 2017.Interest in the program and community response has been great.The work of our wonderful volunteers enhances the quality and level of service we provide.We currently have twenty-one (21)active volunteers.They are trained in different areas,including: administrative duties,parking enforcement,traf?c control,animal control,walking patrol of the city parks,building maintenance,and serving as a liaison between the police department and local businesses. In 2023,there were one thousand three hundred sixty—two (1,362)hours of work provided by our volunteers,helping the department both internally as well as with community outreach and special events.This equates to $43,317.96 in value of work form our volunteers.Although we put a dollar value on all the hard work our dedicated volunteers performed,the relationships created during those hours is immeasurable. ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT Agenda Item #3.B. 13 May 2024 Page 45 of 237 2023 STAT SUMMARY CALLSFORSERVICE STATISTIC CITATlOHS 4,215 883 ‘x m;p u f5 1,678 CRASHREPORT 3.5 Minutes PARK!N6 CITATIOMS mam.298 ALTERNATWESTO ARREST: JUVENILE 4 CIVIL CITATICN ANlMAl.CONTROL OCEAN RESCUE 63,577 BEACHGOERS1271RESIDENTCONSULTATIONS13Rescues 29 ANIMALBms rm'ssnsmons 8 F nevsmmwa mans 50 ANIMALCnuem Invesnmnous 161 MEDICALCASES 70 PETS RETURNEDto owuens 3 LOST PERSONS 3 MILES.213,918 Resmems 33 OFFICERS 850 Seminole Road,Atlantic Beach,Florida iJ ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT 904-2 47-5 85 9 ‘l 23,399 ‘911 2,095 AVERAGE RESPONSETIM Agenda Item #3.B. 13 May 2024 Page 46 of 237 “D D D l u 13]"DL'0 CRIME STATISTICS UNIFORMCRIME REPORTING Uniform crime reporting (UCR)has successfully transitioned to the National incident based reporting system.Our statistics are now published on the FDLE website and will soon be pooled in the aggregate data provided by the FBI for nationwide comparison. We now have three years of incident-based data that we will average and use as a baseline to detect anomalies and trends.We hope to begin using the additional data for strategic crime reduction initiatives. h s://www.fdle.state.?.us/CJAB/UCR/Annual-Re orts/FIBRS For more on State-level crime statistics,Visit the Florida Department of Law Enforcement: For more on National-level crime statistics,visit the FBI’s Crime Data Explorer htt s://cde.uc1'.c'is.ov/LATEST/weba /#./a es/ex lorer/crime/c?me-trend ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT .A.’ The FDLE site looks like this: Agenda Item #3.B. 13 May 2024 Page 47 of 237 USE OF FORCE REPORTING State and Nationwide data collection efforts became mandatory in July 2022 in order to compile statistics on police use of force.Any police use of force resulting in serious bodily injury,death or discharge of a ?rearm at a suspect is required by law to be submitted to the state to be included in the nationwide counts. The department has been successfully participating in submitting use of force reports to ensure they meet FDLE/FBI criteria since January 2022.There were no use of force incidents that met the criteria for submission during this timeframe,however all zero incident reports were submitted on time. State use of force data dashboards are coming soon.No links are available at this time.The FBI reports that three hindered thirty-four (334)out of four hundred ?fty—?ve(455)agencies in Florida participated and provided use-of-force data in 2023.This represents seventy three percent (73%)of sworn law enforcement of?cers in the state. CRIME MAPPING In 2022,the Atlantic Beach Police Department entered into a contract with Central Square to provide a public facing crime mapping service for all citizens to access.Please use the link below to access our Visit to access the crime map near your address.htt s://c0ab.us/205O/Citizen-Online— ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT crime maps. I: Agenda Item #3.B. 13 May 2024 Page 48 of 237 Atlantic Igach'‘"— The Atlantic Beach Police Department Citizen Online Services section of the City website looks like: CITIZEN ONLINE SERVICES ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT You can also connect with us on Facebook,Instagrarn and Saferwatch: clutch Oahu swims Agenda Item #3.B. 13 May 2024 Page 49 of 237 Website:www.coab.us/police Atlantic Beach Police Department 850 Seminole Road,Atlantic Beach,FL 32233 Non-emergency:904-247-5859 ATLANTIC BEACH POLICE DEPARTMENT 2023 ANNUAL REPORT 95H Agenda Item #3.B. 13 May 2024 Page 50 of 237 Agenda Item #4.A. 13 May 2024 Page 51 of 237 Page 52 of 237 Agenda Item #4.B. 13 May 2024 Page 53 of 237 Agenda Item #4.B. 13 May 2024 Page 54 of 237 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 55 of 237 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.. ESEu?2 wEEOoom3&5 ea38:55vuummAmy3::=<3i 9283 363.3%cmANEAwmoodv?vgoodmhcwoodo?c?mocdooAN;5n.6235—030??_.m.Na 5:5 £3 9 9:5 2” dmm3”23.uQ9:532:38::85%E Eu 25L85.8as:Sas:88%6 35 "a?uH52>)\"5034n 5&5:—A?m:358.8283.238888.882838mm.$38881%”Ho:38.HH82.252222 :55 .5 55%m AAA.A.A.A uH u H83888a;8.8m58.2:28mm:8888E5808m868-8.3o?mmswhhwk?.”HMthEumw AAAA.A.A uHH n H8088;mg8.2%58.88EWEEea28m:88onN8:5eéme?Hm“HowWWW“;moxemh AAA_A.A.AnHH n H“—5a 8.83883.8mMS8.88H8888mg888Na888mg .8802Hmmhmowm?hhwmw??gWhamAA. .A.A...A.A uH _ u 888.82HEWas;m;82:E35o;85m888m.883$3M””mmhm»?wwmwwmmg.2.”m AAAA.HAH _ “mace $6-: 8.5288.5mm8.88ca888.mg2.02888.88882s?mwawwHHM/n?w?wa“H6stwmmHHHHmHHrwHH A.A.A...A..uHH n HMg 8.5S“mm:«a882maS3Na2MR28888a38.8-30mwwwemxwwhmwmwchainm .A.A.A.A...AnHH n HchD8mgmg88m8888NS2«Em;8:8o;8888.95.Ham2Emmyhow?w?mummhéémN E 8 8.83%8:888.88:3.88.888.3388.838n£23H5o:u583.82 2558 :38 H .HH8H23m2822use .5 8:8 ion SEEmSEEm35EnSEEmSE2:SEEm £388“:v2.5.3;SE5:5:..8503.23::8.80a.“Eu—29:.OH”.“—233..559nit—2:50.m.<.U553.583 ”H“— umZO—H<UOHGZEOHQOH—HIEh<HA<=mm<Wm”.5kaho:mé>4mm<92¢.HaémmaH.:mAAQ—E nT—HNMNEm— HZHEH¢<mHDmMMCa“EdwinZOEvgNOZ~><AD72UZ?—H—E Agenda Item #6.A.13 May 2024 Page 56 of 237 I! EL 35 NO X X X ><><><><><><X X ><>< ><X N >1 N ><K N K ><><><><X k'X N X N N X N N ><N X X N X N ><><>< :8":55:oz ><><X K ><>< N0 ><><N X X K N K N N X X _m>oan<co_mm_EEoo Bicm .3252 E0 can292m:EmEcmnmo:0 Eng Em B E?s< 545555$68.88 «Enm?i 3.5.153”£6323 Swain.“3595.50 2.:Em an».-.5: ><><><N ><N>< X Ecuu?hum=ou”—5.532untuuvhm.=aEuus=uEmug—=35:.Egan-rang.3=oaa...ma9.22.;85.333.:25 ”5.25:5 .méd :3.ma.2?$2.229 «SN“52:.25“5:5 :25—2.5.23EU 3m: Les—.3?m?uaéhtuma ”.5953“neuaucEaU Lee—.3; saucoum:23 E2:—gaunt—535m 23:39.:—uuheuam «=95 =>§E<«EEO >55.23.5 =e=uuchU =e_n==oUI=oZ 5.9m £52m “552.31 .55..o .2.a zetantoU 3a.:3 «2.,—En =>a=E<$2.55 33535 5:35.:202.:— ._>€E<5,553.: "Eek 35 555.28:—.E—..=u>BuZ 3m -5:2—Em a?oEuH?a—G?xut. 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 57 of 237 Page 58 of 237 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 59 of 237 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 60 of 237 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 61 of 237 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 62 of 237 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 63 of 237 Page 64 of 237 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 65 of 237 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. 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Agenda Item #8.A.13 May 2024 Page 68 of 237 _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 69 of 237 AVW,‘ oomN ommN Agenda Item #8.A. 13 May 2024 Page 70 of 237 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 71 of 237 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 72 of 237 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 73 of 237 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 74 of 237 ,,-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 75 of 237 “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 76 of 237 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 77 of 237 Page 78 of 237 |‘ 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 79 of 237 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 80 of 237 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 81 of 237 (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 82 of 237 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 83 of 237 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 84 of 237 (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 85 of 237 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 86 of 237 ‘.\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 87 of 237 (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 88 of 237 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 89 of 237 (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 90 of 237 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 91 of 237 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 92 of 237 (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 93 of 237 (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 94 of 237 (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 95 of 237 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 96 of 237 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 97 of 237 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 98 of 237 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 99 of 237 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 100 of 237 -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 101 of 237 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 102 of 237 .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 103 of 237 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 104 of 237 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 105 of 237 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 106 of 237 EXHIBIT D tanazcz/i “1 Agenda Item #8.C. 13 May 2024 Page 107 of 237 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 108 of 237 _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 109 of 237 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 110 of 237 Exhibit A “Land” tanacczA Agenda Item #8.C. 13 May 2024 Page 111 of 237 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 112 of 237 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 113 of 237 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 114 of 237 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 115 of 237 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 116 of 237 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 117 of 237 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 118 of 237 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 119 of 237 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 120 of 237 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 121 of 237 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 122 of 237 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 123 of 237 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 124 of 237 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 125 of 237 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 126 of 237 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 127 of 237 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 128 of 237 EaEtmnmnEcm 52.5Eon wEmEmmmcmS.$538;on v.35m:_v_n_o_._ £8 9 __a< m:_m Agenda Item #8.C.13 May 2024 Page 129 of 237 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 130 of 237 5.4;8m2:.ISE:832228253.2 umEonEmuwwaémwa343sz 5 RD UFZa?hd Agenda Item #8.C.13 May 2024 Page 131 of 237 mmb<NdI>twaoipmEon mac: $95:1 950 Emumm Agenda Item #8.C.13 May 2024 Page 132 of 237 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 133 of 237 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 134 of 237 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 135 of 237 Page 136 of 237 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 137 of 237 [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 $326,840. Section 2.The City Commission hereby authorizes the use of budgeted Fiscal Year 2023-24 funds for this purpose. Resolution No.24-26Page1of2 Agenda Item #8.D. 13 May 2024 Page 138 of 237 Section 3.The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution. Section 4.All Resolutions or parts of Resolutions in con?ict herewith are hereby repealed to the extent of such con?ict. Section 5.This Resolution shall become effective upon passage an adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,this 13t hdayofMay2024. Donna L.Bartle,City Clerk Approved as to form and correctness: Resolution No.24-26Page2of2 Jason Gabriel,City Attorney Curtis Ford,Mayor Attest: Agenda Item #8.D. 13 May 2024 Page 139 of 237 ”@S&? Proposal for: City of Atlantic Beach,Duval County F LJanuary8,2024 Quoted by:Steve Rennell Thank you for the opportunity to quote our softwareand services. At B$&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 140 of 237 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 141 of 237 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). $34,550 BS8:A srennell bsasoftware.com Custom Import Agenda Item #8.D. 13 May 2024 Page 142 of 237 Post-Go Live Assistance Review and consult on streamlining day-to-day activities as they relate to the processes within the 3584Amodules Assist customers with more detailed and advanced report options available within the B$&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 143 of 237 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 144 of 237 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 145 of 237 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 146 of 237 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 147 of 237 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 148 of 237 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 149 of 237 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 150 of 237 :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 151 of 237 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 152 of 237 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 153 of 237 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 154 of 237 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 155 of 237 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 156 of 237 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 157 of 237 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 158 of 237 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 159 of 237 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 160 of 237 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 161 of 237 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 162 of 237 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 163 of 237 ''':--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 164 of 237 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 165 of 237 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 166 of 237 Agenda Item #8.E. 13 May 2024 Page 167 of 237 Agenda Item #8.E. 13 May 2024 Page 168 of 237 Agenda Item #8.E. 13 May 2024 Page 169 of 237 Agenda Item #8.E. 13 May 2024 Page 170 of 237 Agenda Item #8.E.13 May 2024 Page 171 of 237 Agenda Item #8.E. 13 May 2024 Page 172 of 237 Agenda Item #8.E. 13 May 2024 Page 173 of 237 Agenda Item #8.E. 13 May 2024 Page 174 of 237 Agenda Item #8.E. 13 May 2024 Page 175 of 237 Agenda Item #8.E. 13 May 2024 Page 176 of 237 Agenda Item #8.E. 13 May 2024 Page 177 of 237 Agenda Item #8.E. 13 May 2024 Page 178 of 237 Agenda Item #8.E. 13 May 2024 Page 179 of 237 Agenda Item #8.E. 13 May 2024 Page 180 of 237 Agenda Item #8.E.13 May 2024 Page 181 of 237 Agenda Item #8.E. 13 May 2024 Page 182 of 237 Agenda Item #8.E. 13 May 2024 Page 183 of 237 Agenda Item #8.E. 13 May 2024 Page 184 of 237 Agenda Item #8.E. 13 May 2024 Page 185 of 237 Agenda Item #8.E. 13 May 2024 Page 186 of 237 Agenda Item #8.E. 13 May 2024 Page 187 of 237 Agenda Item #8.E. 13 May 2024 Page 188 of 237 Agenda Item #8.E. 13 May 2024 Page 189 of 237 Agenda Item #8.E. 13 May 2024 Page 190 of 237 Agenda Item #8.E. 13 May 2024 Page 191 of 237 Agenda Item #8.E. 13 May 2024 Page 192 of 237 Agenda Item #8.E. 13 May 2024 Page 193 of 237 Agenda Item #8.E. 13 May 2024 Page 194 of 237 Agenda Item #8.E. 13 May 2024 Page 195 of 237 Agenda Item #8.E. 13 May 2024 Page 196 of 237 Agenda Item #8.E. 13 May 2024 Page 197 of 237 Agenda Item #8.E. 13 May 2024 Page 198 of 237 Agenda Item #8.E. 13 May 2024 Page 199 of 237 Agenda Item #8.E. 13 May 2024 Page 200 of 237 Agenda Item #8.E. 13 May 2024 Page 201 of 237 Agenda Item #8.E. 13 May 2024 Page 202 of 237 Agenda Item #8.E. 13 May 2024 Page 203 of 237 Agenda Item #8.E. 13 May 2024 Page 204 of 237 Agenda Item #8.E. 13 May 2024 Page 205 of 237 Agenda Item #8.E. 13 May 2024 Page 206 of 237 Agenda Item #8.E. 13 May 2024 Page 207 of 237 Agenda Item #8.E. 13 May 2024 Page 208 of 237 Agenda Item #8.E. 13 May 2024 Page 209 of 237 Agenda Item #8.E. 13 May 2024 Page 210 of 237 Agenda Item #8.E. 13 May 2024 Page 211 of 237 Agenda Item #8.E. 13 May 2024 Page 212 of 237 Agenda Item #8.E. 13 May 2024 Page 213 of 237 Agenda Item #8.E. 13 May 2024 Page 214 of 237 Agenda Item #8.E. 13 May 2024 Page 215 of 237 Agenda Item #8.E. 13 May 2024 Page 216 of 237 Agenda Item #8.E. 13 May 2024 Page 217 of 237 Agenda Item #8.E. 13 May 2024 Page 218 of 237 Agenda Item #8.E. 13 May 2024 Page 219 of 237 Agenda Item #8.E. 13 May 2024 Page 220 of 237 Agenda Item #8.E. 13 May 2024 Page 221 of 237 Agenda Item #8.E. 13 May 2024 Page 222 of 237 Agenda Item #8.E. 13 May 2024 Page 223 of 237 Agenda Item #8.E. 13 May 2024 Page 224 of 237 Agenda Item #8.E. 13 May 2024 Page 225 of 237 Agenda Item #8.E. 13 May 2024 Page 226 of 237 Agenda Item #8.E. 13 May 2024 Page 227 of 237 Agenda Item #8.E. 13 May 2024 Page 228 of 237 Agenda Item #8.E. 13 May 2024 Page 229 of 237 Agenda Item #8.E. 13 May 2024 Page 230 of 237 Agenda Item #8.E. 13 May 2024 Page 231 of 237 Agenda Item #8.E. 13 May 2024 Page 232 of 237 Agenda Item #8.E. 13 May 2024 Page 233 of 237 Agenda Item #8.E. 13 May 2024 Page 234 of 237 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 235 of 237 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 236 of 237 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 237 of 237