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06-24-24 Regular City Commission - Final AgendaCity of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, June 24, 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 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT 2.A. Certificate of Completion 7 - 8 Certificate of Completion 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (June - August 2024) 9 - 12 90 -Day Calendar (June - Aug. 2024) 3.B. Proposed Tennis Instructor Regulations 13 - 14 Proposed Tennis Instructor Regulations 3.C. Community Centers Survey 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 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. Authorize the City Manager to approve the purchase order in the amount of $33,441.35 for Guardian Fueling Technologies for the labor and materials to remove the old fuel tanks and install the new 1500 -gallon fuel tank at Water 15-23 Page 1 of 134 Regular City Commission - 24 Jun 2024 Treatment Plant #1. Fuel Tank Replacement 6.B. Approve the schedule of seven additional streets to be resurfaced in the 2024 Milling and Paving Project at a cost of $139,154.77. Resurfacing 25-26 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS 8.A. Resolution No. 24-31 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ACCEPTING THE JUNE 10, 2024, REPORT OF THE SAFETY, TRAFFIC AND PARKING COMMITTEE AND DIRECTING STAFF TO DRAFT POLICIES, RESOLUTIONS AND/OR ORDINANCES FOR CITY COMMISSION CONSIDERATION MOVING THE SAFETY, TRAFFIC AND PARKING COMMITTEE RECOMMENDATIONS FORWARD; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 24-31 8.B. RESOLUTION NO. 24-32 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH MUNIVATE TO PROVIDE ENTERPRISE RESOURCE PLANNING SOFTWARE IMPLEMENTATION SERVICES TO THE CITY FOR $118,500; AUTHORIZING THE CITY MANAGER TO APPROVE THE EXPENDITURE OF UP TO AN ADDITIONAL $23,701 FOR MUNIVATE'S SERVICES, IF NEEDED; 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. 24-32 27-41 43-97 9. ACTION ON ORDINANCES 9.A. Ordinance No. 31-24-17, First Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, TRANSMITTING PROPOSED EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN AND ALSO TRANSMITTING A NEW MAP SERIES TO THE STATE OF FLORIDA'S VARIOUS AGENCIES FOR REVIEW AND COMMENT; PROVIDING FOR ADOPTION OF SAID EAR -BASED AMENDMENTS AND NEW MAP SERIES UPON RECEIPT OF SAID COMMENTS AND COMPLETION OF THE STATE COORDINATED REVIEW PROCESS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN 99 - 102 Page 2 of 134 Regular City Commission - 24 Jun 2024 EFFECTIVE DATE. Draft 2045 Comprehensive Plan (Link) Ordinance No. 31-24-17 9.B. ORDINANCE NO. 33-24-25, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 6 — POWERS; SUBMITTING THE AMENDMENT TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. Link to Resolution Nos. 23-02 and 24-28 Ordinance No. 33-24-25 9.C. ORDINANCE NO. 33-24-26, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE 11, THE COMMISSION, SEC. 9 — POWERS; SUBMITTING THE AMENDMENT TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. Link to Resolution Nos. 23-02 and 24-28 Ordinance No. 33-24-26 9.D. ORDINANCE NO. 33-24-27, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE IV, THE CITY CLERK, SEC. 28 — APPOINTMENT; DUTIES; SUBMITTING THE AMENDMENT TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. Link to Resolution Nos. 23-02 and 24-28 Ordinance No. 33-24-27 9.E. ORDINANCE NO. 33-24-28, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 9 — POWERS; SUBMITTING THE AMENDMENT TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. Link to Resolution Nos. 23-02 and 24-28 Ordinance No. 33-24-28 103 - 106 107 - 111 113 - 116 117 - 121 9.F. ORDINANCE NO. 33-24-29, Introduction and First Reading 123 - 129 Page 3 of 134 Regular City Commission - 24 Jun 2024 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 12 — VACANCIES IN THE CITY COMMISSION, SEC. 14 — INDUCTION OF CITY COMMISSION INTO OFFICE; MEETINGS OF THE CITY COMMISSION, ARTICLE IX, ELECTIONS, SEC. 39 — NOMINATIONS, SEC. 40 — ELECTIONS: PRIMARY AND SEC. 41 — ELECTIONS: GENERAL; SUBMITTING THE AMENDMENTS TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENTS ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. Link to Resolution Nos. 23-02 and 24-28 Ordinance No. 33-24-29 9.G. ORDINANCE NO. 33-24-30, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE XVIII, WHEN ACT TAKES EFFECT AND PERIODIC REVIEW, SEC. 81 — PERIODIC REVIEW; SUBMITTING THE AMENDMENTS TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENTS ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. Link to Resolution Nos. 23-02 and 24-28 Ordinance No. 33-24-30 131 - 134 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. 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. Page 4 of 134 Regular City Commission - 24 Jun 2024 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 5 of 134 Page 6 of 134 Agenda Item #2.A. 24 Jun 2024 LC UNIVERSITY June 11, 2024 Commissioner Jessica Ring City of Atlantic Beach 800 Seminole Rd Atlantic Beach, FL 32233-5444 Dear Commissioner Jessica Ring, On behalf of the Florida League of Cities, I am pleased to award this certificate to you for the completion of the Institute for Elected Municipal Officials in Palm Beach Gardens, FL on June7h- 8`h, 2024. It is our sincere hope that you found the program challenging and worthwhile. We encourage you take advantage of other training opportunities through FLC University. We also invite you to register for the next offering of IEMO II, when registration opens. You can find dates and locations for other trainings on our event calendar. We strongly believe that your attendance at the Institute is indicative of your continued commitment to improving the quality of municipal government in Florida. If we may be of assistance in the future, please do not hesitate to call upon us. Sincerely, Lynn S. Tipton Director, FLC University Florida League of Cities LOCAL VOICES MAKING LOCAL CHOICES P.O. Box 538135el Phone: (407) 425-9142 O flcities.com Orlando, Florida 32853-8135 Fax: (407) 425-9378 Page 7 of 134 Iv 00 l0 O0 0 W FLORIDA LEAGUE OF CITIES EMO LC UNIVERSITY Certificate of Completion June 7-8, 2024 • Palm Beach Gardens, FL Presented to Jessica Ring Commissioner City of Atlantic Beach Agenda Item #3.A. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 90 -Day Calendar for the City Commission SUBMITTED BY: Adrianna Walsh, Executive Assistant to the City Manager TODAY'S DATE: June 12, 2024 MEETING DATE: June 24, 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 June -August 2024 by consensus ATTACHMENT(S): City Commission 90 -Day Calendar (June -August 2024) REVIEWED BY CITY MANAGER: Page 9 of 134 VES JO OZ abed CITY COMMISSION June 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 9 Farmers Market 10 am -2 pm (Russel! Park) Songwriters Concert 6 pm (Bull Park) 9 16 23 Farmers Market 10 am -2 pm (Russell Park) Farmers Market 10 am -2 pm (Russell Park) Fanners Market 10 am -2 pin (Russell Park) Acoustic Night 6 pin (Bull Park) 30 Fanners Market 10 am -2 pm 3 10 City Commission 6:30 pm (Invoc-Ford) 17 City Commission and Community Development Board Joint Workshop 6 pin 4 11 Arts, Recreation, Culture Committee 6 pm 18 Community Development Board 6 pm 24 25 City Commission 6:30 pm (Invoc-Bole) 5 12 ESC Tree Subcmte. 5:15 pm Environmental Stewardship Committee 6 pm 19 Juneteenth Holiday City Offices Closed 26 Employee Appreciation City Offices Closed 11 am -1 pm Environmental Stewardship Outreach Subcmte. 4:45 pen 6 13 20 Artist Reception 5-8 pm (Adele Grage) 14 21 27 28 ESC Sustainability Subcmte. 9 a.m. 15 2?7 29 Summer Beach Movie in the Park Sunset (Bull) VET JO TT abed CITY COMMISSION July 2024 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 7 Farmers Market 10 am -2 pm (Russell Park) Songwriters Concert 6 pm (Bull Park) 14 Farmers Market 10 am -2 pm (Russell Park) 21 Farmers Market 10 am -2 pm (Russell Park) Acoustic Night 6 pm (Bull Park) 1 8 Budget Workshop 5:30 pm City Commission 6:30 pm (lnvoc-Waters) 15 22 Budget Workshop 5:30 pm City Commission 6:30 pin (Invoc-Kelly) 9 Arts, Recreation, Culture Committee 6 pm 16 Community Development Board 6 pm 10 ESC Tree Subcmte. 5:15 pm Environmental Stewardship Committee 6 pm 4 Fourth of July Holiday City Offices Closed 11 Code Enforcement Special Magistrate Meeting 2 pm 5 12 17 18 19 Environmental Stewardship Outreach Subcmte, 4:45 pm Artist Reception 5-8 pm (Adele Grage) 23 24 25 26 28 Farmers Market 10 am -2 pm (Russell Park) 29 30 ESC Sustainability Subcmte. 9 a.m. 13 20 27 Town Hall 10 am (Commission Chamber) VET JO ZT abed CITY COMMISSION August 2024 SUNDAY MONDAY TUESDAY WEDNESDAY '11 IURSDAY FRIDAY SA'T'URDAY 4 5 Fanners Market 10 am -2 pm (Russell Park) Songwriters Concert 6 pm (Adele Grage) 11 Farmers Market 10 am -2 pm (Russell Park) 18 Farmers Market 10 am -2 pm (Russell Park) Acoustic Night 6 pm (Bull Park) 25 Farmers Market 10 am -2 pm (Russell Park) 12 Budget Workshop 5:30 pm City Commission 6:30 pm (Invoc-Ring) 19 26 City Commission 6:30 pm (Invoc-Ford) 13 Arts, Recreation, Culture Committee 6 pm 20 27 7 8 14 15 ESC Tree Subcmte. 5:15 pm Environmental Stewardship 6 pin 21 Community Development Board 6 pm 28 ESC Outreach Subcommittee 4:45 pm 9 Pension Boards 6:30 pm 16 Artist Reception 5-8 pm (Adele Grage) 22 23 ESC Sustainability and Resiliency Subcommittee 9 am 29 30 Arts, Recreation, Culture Committee Grant Presentations 9 am 17 24 Summer Beach Movie in the Park Sunset (Johansen) 31 Agenda Item #3.B. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Proposed tennis instructor regulations TODAY'S DATE: June 12, 2024 MEETING DATE: June 24, 2024 SUBMITTED BY: Kevin Hogencamp, Deputy City Manager j' SUMMARY: At its June 11 meeting, the Arts, Recreation and Culture Committee unanimously approved recommending that the City adopt the attached tennis instructor regulations. This decision followed extensive review and discussion by the committee, and considered input provided by tennis instructors and players. Regulating tennis instruction at City facilities is beneficial for these — and perhaps other — reasons: • Protecting the City's assets. The liability insurance requirement protects the city from financial responsibility in case of accidents during lessons. • Protecting students: Professional tennis -teaching association membership can help ensure instructors have the knowledge and temperament to safely teach tennis, especially to children. • Safety and injury prevention: Proper instruction can help prevent injuries on the court. Regulations that ensure instructors know proper technique can reduce the risk of students getting hurt. • Promoting qualified instruction: This can help students get the best possible instruction. • Consumer confidence: Knowing instructors are qualified can give people more confidence when hiring someone to teach them or their children. This can lead to more people taking lessons and participating in the sport. RECOMMENDATION: Presented as information; staff supports the proposal. BUDGET: A minimal amount of revenue would be generated, potentially offsetting the cost of staff administering this initiative. ATTACHMENT: ARCC-recommend d ;nnis instructor regulations CITY MANAGER: 1< Page 13 of 134 Agenda Item #3.B. 24 Jun 2024 CITY OF ATLANTIC BEACH 247-5828/info@coab.us www.coab.us/tennis June 2024 Professional Tennis Instructor Regulations Professionals who charge for instruction may use City of Atlantic Beach tennis courts for that purpose under these guidelines: 1. An active City registration is required. The registration must be posted for public display on the tennis court bulletin board, and the instructor must post a City -issued snipe/yard sign outside of the court being utilized. 2. The registration fee is $225 quarterly. Proof of active membership in an association of a tennis -teaching professionals association is required, as is proof of liability insurance satisfactory to the City's risk management guidelines. 3. Professionals who charge for instructions must sign a hold -harmless agreement and must have their students sign hold -harmless agreements releasing the City from liability. 4. At Russell Park, when the courts are full, instructors may use a court no longer than 90 minutes if players or other instructors are waiting. 5. At Bull Park, instructions require a minimum of four players in addition to the instructor. Instructors may use the Bull Park court for a maximum of 90 minutes per day, whether instructors/players are waiting or not. 6. Registration does not guarantee court availability; the public courts are available on a first-come, first -serve basis. 7. Lessons/clinics must be provided on Russell Park Court Nos. 4, 5 and 6, or at Bull Park. 8. These regulations are subject to update upon review. Page 14 of 134 Agenda Item #6.A. 24 Jun 2024 AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Approve the purchase order to remove two existing 500 -gallon above ground fuel tanks and replace with one 1500 -gallon above ground fuel tank. SUBMITTED BY: Troy Stephens, Public Utilities Director TODAY'S DATE: June 11, 2024 MEETING DATE: June 24, 2024 BACKGROUND: Water Treatment Plant #1, located at 469 11th Street, needs to replace the 2 existing 500 -gallon above ground fuel storage tanks that supply the generator. The tanks have outlived their usefulness and are no longer in good condition. By replacing the two smaller tanks with one larger 1500 -gallon tank, this will also enable the generator to run longer without having to switch fuel tanks. This would also allow for continuous usage during an emergency situation. Staff received quotes from 2 fuel tank providers, Guardian Fueling Technologies and Ring Power for the labor and equipment to replace the two 500 -gallon fuel tanks with one 1500 -gallon fuel tank. Guardian Fueling Technologies provided the lower of the two quotes at $33,441.35 BUDGET: The Public Utilities account 400-5502-533-6300 for Project PU2315 has a budget of $80,000 for this project. RECOMMENDATION: Authorize the City Manager to approve the purchase order in the amount of $33,441.35 for Guardian Fueling Technologies. for the labor and materials to remove the old fuel tanks and install the new 1500 -gallon fuel tank at Water Treatment Plant #1. ATTACHMENT(S): 1. Quote from Guardian Fueling Technologies 2. Quote from Ring Power REVIEWED BY CITY MANAGER: LY -4) Page 15 of 134 GUARDIAN .I FUELING TECHNOLOGIES To: City of Atlantic Beach 469 11th St. Atlantic Beach, FL 32233 904-588-4504 (Cell) doitlmanecoab.com ATTN: Danny Pittman Jacksonville, Tampa, FL Ft. Myers, FL Ft. Lauderdale, FL Pensacola, FL Orlando, FL Tallahassee, FL Birmingham, AL Lafayette, LA Savannah, GA Agenda Item #6.A. 24 Jun 2024 Proposal GC21849SB FL Atlanta, GA Columbia, SC Greensboro, NC Raleigh, NC Charlotte, NC Knoxville, TN Nashville, TN Richmond, VA Roanoke, VA CORPORATE OFFICE: 800-733-2945 guardianfueltech.com / getguardianconnect.com / myfuelguard.com / guardianevi.com Guardian Fueling Technologies provides layouts, installation, and service on all Liquid Handling Projects. We are pleased to offer the following for your consideration Site COAB Address 469 11th St. Atlantic Beach, FL 32233 Quote # GC21849S6 CONS Job Name: Tank replacement ""UNLESS NOTED BELOW, THIS PROPOSAL 15 VALID FOR 30 DAYS FROM THE DATE ABOVL' ` Due to severe volatility in building material pricing due to raw material shortages, surcharges, and supply chain t occur at the time of job commencement. General description of work to be performed: Date: • Provide labor and equipment to replace the two existing 500 gallon single wall AST's with one 1500 gallon UL -142 Double Wall AST. • Provide a 30 day and 48 hour notification to the Florida Department of Environmental Protection. • Does not include Engineered drawings or permits IF REQUIRED. • Blow back the piping. Disconnect the steel piping from the fiberglass piping just outside of the block wall. • Transfer the fuel from the two tanks into totes (Note: customer to have the volume as low as possible). Clean the tanks as required for disposal. • Remove and dispose of the (2) 500 gallon ASTs and piping. • Install one new 1500 gallon UL -142 DW AST with bolt on ladder and tank top equipment as listed below on the existing concrete tank pad. • Install new 3/4" steel threaded piping with necessary fittings and ball valves. Tie into the existing fiberglass underground piping abovegrade at the block wall. • Filter and transfer the fuel back into the new tank. • Startup system. • Note: Does not include any underground piping of any kind. Does not include any piping or repairs of any kind inside the generator room. • Note; DOES NOT INCLUDE SALES OR USE TAX. The customer will need to supply Guardian with a current Sales tax exempt certificate. TANK EQUIPMENT $ 7,697.50 1 Aboveground Storage Tank, U.L. 142 Labeled, specifications as follows: 7,697.50 Capacity: Tank Length: Tank Dia: Openings: Construction: Steel Double Wall Tank Type: Weight: 3000 # Primed Gray with Gray Epoxy Enamel Vertical 2 step ladder with handhold AST VALVES AND FITTINGS $ 1,398.85 1 OPW 3.5 Gallon, 2" NPT, White Spill bucket 6221-ASTW32 316.17 1 Morrison Male Cam -and -Groove Fitting for 2" pipe 800F -A0400 1C 18.44 1 Morrison 2" Dust Cap 800DCA0400 1C 23.64 1 Morrison 6" (8oz) Emergency Vent - Flanged, w/O-Ring 2440F-0500 AV 200.00 1 Morrison 6" (8oz) Emergency Vent - Male Thread, w/O-Ring 2440M-0200 AV 175.73 1 Morrison 3/4" Single Poppet Foot Valve 334-0100 AV 86.67 1 /OM 2" atmospheric vent cap 23-0033 33.65 2 Morrison 3/4" full port ball valve 691---0400 SV 20.00 1 Krueger At -A -Glance Direct Reading Gauge D-2-63 58.93 1 Krueger Leak Interstitial Monitor Gauge K-2-64 69.87 1 EBW 3/4" 0-12' Head Pressure Anti Syphon Valve 60530001 375.75 FUEL GUARD TANK CLEANING PROPOSAL Aboveground Storage Tanks* $ 1,650.00 Sales Person Steve Bender 904-250-7869 6/3/2024 7,697.50 316.17 18.44 23.64 200.00 175.73 86.67 33.65 40.00 58.93 69.87 375.75 Page 16 of 134 r 1 1 Agenda Item #6.A. 24 Jun 2024 Proposal GC21849SB Up to 2000 gallon storage tank 1,650.00 1,650.00 Service Desription of base leaning and fuel polishing includes the following: Mobilization of FuelGuard equipment and labor with up to two technicians Site Safety Assessment/Checklist prior to conducting work Water Intrusion/Corrosion Inspection & documentation Removal and inspection of drop tube, probe and STP Fuel contamination assessment; visual inspection, water paste findings, verify ATG accuracy of water detection Free water and sludge removal, disposal of up to 100 gallons of petroleum contact water (PCW). Biocide chemical additive treatment to kill microbial growth Polishing fuel down to 5 microns Filtering equipment consumables, all sock filters, 2 water coalescers, and 2 water absorbing filters Purging lines Change up to 4 filters at dispensers Confirmation samples and reporting Confirm adequate flow at dispensers and functioning of ATG Additional charges may occur if ASTs do not have fall protection installed Estimated FREIGHT $ 44.17 44.17 1 Other Freight (excludes Tanks, Dispensers, POS, and FPIV Kits) 44.17 44.17 SCOPE OF WORK to be performed by Guardian Fueling Technologies as described above: GENERAL CONDITIONS Note: If a change order becomes necessary due to site conditions, delays caused by other subs, . changes In the scope of work, etc., The owners rep. will be notified as soon as possible. If a change order is not approved in a timely manner, then Guardian may halt construction, without being subjected to Liquidated damages and Guardian will be afforded an extension of time to account for the change orders. Guardian will also be compensated for approval delays, rentals, per diem, labor, etc. and necessary time to remobilize if construction work is halted. OUR INSTALLATION PRICE IS CONTINGENT ON THE FOLLOWING{ Due to severe volatility in building material pricing due to raw material shortages, surcharges, and supply chain interruptions, adjustments to pricing and/or product substitution can occur at the time of job commencement. INSTALLATION PRICE DOES NOT INCLUDE: Electrical work or final electrical inspections. Concrete work. Asphalt work. Asbestos survey if goveming authority requires same. Handling of any product or material classified as hazardous. Start-up and/ or programming of self service equipment. Geotechnical or Environmental Fuel for the new system. Existing fuel will be utilized. Bollards or physical protection Power nor control wiring Engineered -stamped drawings for permits Permits Any and all labor or equipment not specifically outlined within this proposal THE TOTAL PRICE IS AS FOLLOWS: I5 your property EV -Ready? EQUIPMENT - $ 9,140.53 INSTALLATION - $ 22,650.82 FUEL GUARD - 5 1.650.00 P TOTAL PRICE $ 33,441.35 I Ask for a no cost, no obligation quote to add Level 2 or DC -Fast EV Charging stations to your property. Take advantage of time -sensitive grants & incentives to install charging stations as an amenity and to collect revenue UFUELGUARD *NEW* Fuel Cleaning Prior to New Dispenser Installation Water, particulate, and bacteria growth are common ni today's fuel which cause equipment to malfunction. Take advantage of special FuelGuard pricing to remove contaminates and improve the performance of your investment. 4PATRIOT CAPITAL MGR Ask us about Patriot Capital Financing For more information on financing with Patriot Capital please contact your Guardian Sales Representative or give Patriot a call at 404-255-1770 1 Tank 2 Tanks Initial for Acceptance $1,250.00 $1,800.00 3 Tanks $2,250.00 * does not include per gallon waste disposal Estimated Monthly Payment (Actual finance rates and payment amount $666. determined on credit approval) Page 17 of 134 INSTALLATION PAYMENT TERMS: Customer Initials Required: Agenda Item #6.A. 24 Jun 2024 Proposal GC21849SB Guardian has the right to refuse or cease installation for past due invoices related to this contract. Installation/progress payments are due thirty (30) days from invoice date. Installation payments MUST be current prior to equipment startup, training or completion of warranty work. The deposit below is due upon acceptance of this proposal and is required prior to permit application. Guardian's lost work days and re mobilization fees may apply if work is suspended due to non payment. The warranty period will commence upon our completion of the project and a site lien may be filed due to late payment. Purchaser shall pay for expense of Seller in enforcement of remedies including reasonable attorney's fees and other legal expenses. All overdue payments, placed with collection agencies or attorneys, shall bear interest at 1 (1/2)% per month from invoice date until paid in full, NOTE: All dispenser & POS equipment is invoiced at date of shipment from manufacturer and terms are net seven (7) days. The minimum deposit required for this order is: N/A The Customer's Account must be current orior to trainina and start uD of new eauioment!, We appreciate the opportunity of offering this proposal and trust we may be favored with your most valued business. We GUARDIAN h.. J FUELING TECHNOLOGIES ACCEPTANCE: GFT Salesmar Steve Bender This proposal, when accepted by the purchaser, and executed by Signature: final approval of Sellers Official Officer, will constitute a bonatide contract between us, subject to all terms and conditions within. Phone numbe 904-250-7869 It is expressly agreed that there are no promises, agreements or under- standings, oral or written, not specified in this proposal. The person signing below certifies the legal authority to bind the company into this contract. GUARDIAN FUELING TECHNOLOGIES ACCEPTANCE City of Atlantic Beach Company Name Signature of Officer Signature Date Title (I AGREE TO PAY TERMS ABOVE) Title Date Page 18 of 134 Ring Power. CAT CITY OF ATLANTIC BEACH ATTN ACCTS PAYABLE CLERK 800 SEMINOLE RD ATLANTIC BEACH FL 32233-5400 Agenda Item #6.A. 24 Jun 2024 Quote No: 117940 - 1 PER YOUR REQUEST, WE HAVE ESTIMATED REPAIRS ON THE MACHINE LISTED BELOW. A REPAIR DESCRIPTION WITH LABOR AND/OR PARTS IS ATTACHED. UPON DISASSEMBLY OF THE COMPONENT(S) TO BE REPAIRED,ADDITIONAL PARTS AND LABOR MAYBE NECESSARY. IF SO, A QUOTE FOR ADDITIONAL REPAIRS WILL BE FORWARDED TO YOU FOR APPROVAL. NOTE: AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY SHOULD SIGN AND RETURN THIS REPAIR ESTIMATE. ONLY UPON RECEIPT OF THE SIGNED ESTIMATE WILL REPAIRS BE PERFORMED. A PURCHASE ORDER NUMBER SHOULD BE SUPPLIED IF REQUIRED BY YOUR COMPANY. CUSTOMER NO. QUOTE NO. DATE 002037 117940 5/10/2024 PHONE NO. FAX NO. (904) 588-4504 MODEL MAKE VARIOUS FUEL TANK VENDORS UNIT NO. I WO NO. NOTE 11TH STREET WTP > CUSTOMER REQUEST FUEL TANK PROPOSAL1500 GALLON > PROVIDE A QUALIFIED TECHNICIAN TO PERFORM THE FOLLOWING REPAIRS USING SAFETY AND LOCK OUT, TAG OUT PROCEDURES. > ALL QUOTES APPROVALS NEED TO BE RETURNED TO: GARY.WOLFE@RINGPOWER.COM SO PARTS AND SERVICE CAN BE SCHEDULED AT THE TIME OF APPROVAL. > WORK IS QUOTED TO BE COMPLETED DURING NORMAL WORKING HOURS, 7:30 TO 4 PM UNLESS OTHER TIME ARRANGEMENTS ARE REQUIRED. > ESTIMATED TOTAL DOES NOT INCLUDE APPLICABLE TAXES. > ENVIRONMENTAL FEES ARE INCLUDED. REMOVE & INSTALL FUEL TANK NOTES: TRAVEL TO CITY OF ATLANTIC BEACH SUPPLY FREIGHT FOR FUEL TANK REMOVAL AND NEW INSTALLATION. .,..........*1.***...,.«.......********************** SUPPLY CRANE FOR OFF-LOADING AND SETTING OF PIECES. CITY OF ATLANTIC BEACH CONTACT DANNY PITTMAN EMAIL dpittmanncoab.us SERIAL NO. P.O. NO. 117940 -1 Page 1 Page 19 of 134 Agenda Item #6.A. 24 Jun 2024 DISCONNECT AND DRAIN FUEL LINES THEN REMOVE. DISCONNECT AND REMOVE EXISTING FUEL TANK(S) FROM PAD. ,,,..*.*..**************************************** TRANSFER FUEL FROM EXISTING TANK TO NEW TANK. MOUNT AND INSTALL NEW TANK TO PAD. CUT AND THREAD NEW FUEL LINES ONSITE AFTER NEW TANK IS INSTALLED. TIE IN NEW FUEL LINES TO EXISTING (ABOVE GROUND ONLY) SECURE AND PAINT NEW LINES AFTER INSTALLATION. ANCHOR NEW TANK TO CONCRETE PAD USING WEDGE ANCHORS. HAUL OFF AND PROPERLY DISPOSE OF OLD FUEL TANK AND FUEL LINES NEW UL -142 1500 -GALLON STANDALONE FUEL TANK. 1,500 GALLON ABOVEGROUND DOUBLE WALL HORIZONTAL STORAGE TANK UL -142 DIMENSIONS: 64" LENGTH: 108" L. MILD CARBON STEEL - INNER THICKNESS: 10GA. OUTER THICKNESS: 12 GA. (5) 4" FNPT OPENINGS FOR ACCESSORIES IN TANK. (2) 6" OPENINGS FOR EMERGENCY VENTS (1) IN INNER TANK AND (1) IN OUTER SHELL. (2) 2" ATMOSPHERIC VENTS (1) IN INNER TANK (1) IN OUTER SHELL. LIFTING LUGS ON TOP. 2" INTERSTITIAL MONITORING PIPE. ON 6"H LEG SUPPORTS. VERTICAL STRAIGHT ACCESS LADDER - NO LANDING PLATFORM PAINTED SAFETY YELLOW. VENT PACKAGE. INCLUDES: (2) 6" EMERGENCY VENTS (1) IN INNER TANK / (1) IN OUTER SHELL (1) 2" ATMOSPHERIC VENT PIPE -THREADS INTO TOP OF TANK - TOP AT 12' ABOVE GRADE. SPILL PREVENTION PACKAGE -INCLUDES: LIQUID LEVEL GAUGE - READS 1/4 1/2 3/4 FULL INTERSTITIAL LEAK INDICATOR GAUGE (POP UP) 5-1/2 GALLON TOP FILL SPILL CONTAINER. ALL COMPONENTS INSTALLED TO TANK. GENERATOR COMPONENTS -INCLUDES: 3/4" SUCTION LINE WITH FOOT VALVE 3/4" RETURN FITTING INSTALLED TO TANK. CURRENT LEAD TIME ? 4-6 WEEKS AFTER SIGNED APPROVED DRAWINGS. Part Number Description Qty Unit Price Ext Price FUEL TANK NEW FUEL TANK & INSTALL 1.00 40,437.50 40,437.50 Total Estimated Parts: 40,437.50 Item Number Description Qty Ext Price TRV TRAVEL LABOR REV 2.00 246.00 FLD FIELD LABOR REV 6.00 738.00 CITY OF ATLANTIC BEACH 117940 - 1 Page 2 Page 20 of 134 Agenda Item #6.A. 24 Jun 2024 Total Estimated Labor: 984.00 Total Estimated Misc: 120.00 Total Segments: 41,541.50 ENVIRONMENTAL/M ISCELLANEOUS 300.00 SUB TOTAL (BEFORE TAXES) 41,841.50 TOTAL ESTIMATE 41,841.50 CITY OF ATLANTIC BEACH 117940 -1 Page 3 Page 21 of 134 Agenda Item #6.A. 24 Jun 2024 I hereby authorize the above repair work to be done along with the necessary materials. Ring Power Corporation and it's employees may operate above equipment for purposes of testing. Inspection or delivery at my risk. An expressed mechanics lien is acknowledged on equipment to secure the cost of all repairs thereto. Ring Power Corporation is not responsible for loss or damage to equipment in case of fire, theft, accident, or any other cause beyond our control. Replaced parts will be held for a period of ten days after work completion. The cost of labor and parts in determining any estimate shall be borne by the customer. PO#: Authorized Name: (signature) Date: (print) Thank you for this opportunity to serve your company CONTACT INFORMATION: Prepared by: York Bridges Phone: 904.451.0178 Email: York.Bridges@RingPower.Com Fax: 904.494.7424 JOB SITE: - -This estimate is made subject to buyer's acceptance within (10) ten days from this date -All prices are subject to change without notice, and those in effect on date of shipment shall prevail -Terms are Net 30 Days from receipt of invoice -Estimate excludes sales tax, incoming freight, environmental and additional charges for parts/labor not included in the above mentioned. -Customer will be contacted should estimate exceed 10% THIS WORK ORDER IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. AUTHORITY TQ.PERFGRM REPAIRS It is understood that. "upon receipt" of any item of equipment for repair, maintenance or other work, Ring Power may examine the item of equipment as to work which Ring Power may suggest to be performed in addition to whatever work, if any, might have been requested by customer. All work (requested by customer or suggested by Ring Power) to be noted on a form as supplied by Ring Power. a Time and Material Work - Ring Power will proceed with the work agreed upon at current labor and parts prices. b. Firm Price - If requested, a firm price in writing will be given to the customer for labor and/or parts to do specific repair. Any agreed a upon repair order not covered by a firm written quotation will be billed at current time and material prices c. `nforeseen Problems or Additional Repairs. In the event that during the course of the Work, additional repair work is found to be necessary pursuant to Ring Power's examination and inspection of the Equipment, then in such event Ring Power will attempt to communicate with the Customer as to the additional repair work; provided, however, that in the event Ring Power is unable to communicate with the Customer, then Ring Power, at its sole discretion, shall have the absolute right to cease any and all repairs on the Equipment until such time as the additional repairs are discussed with the Customer. In the event the Customer consents to the additional repairs, Ring Power shall have the right to proceed with the repair of the same without further communication with the Customer and any and all additional repairs will be charged to the Customer at current time and material prices. 2. HOLD HARMLESS AGREEMENT FOR CUSTOMER PARTICIPATION IN SERVICE WORK - In the event customer or customers' personnel assists our mechanics in performing service work, customer agrees to hold harmless and fully indemnify Ring Power for injuries or damages to anyone arising out of customer assisting Ring Power personnel in servicing or repairing customers equipment. 3. WARRANTY INFORMATION - Ring Power warrants the work performed to be free from defects in material and workmanship for a period of ninety days. Ring Power's obligation under this warranty shall be limited to the repair or replacement at Ring Power's premises of those new parts previously installed or labor previously performed demonstrated to be defective. SUCH REMEDY SHALL CONSTITUTE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND CUSTOMER HEREBY AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO CLAIMS FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY CAUSE, LOSS, ACTION, CLAIM OR DAMAGE, INCLUDING LOSS OF TIME, WHATSOEVER, OR INJURY TO PERSON OR PROPERTY OR ANY OTHER CONSEQUENTIAL DAMAGE OR INCIDENTAL OR ECONOMIC LOSS) SHALL BE AVAILABLE TO CUSTOMER. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUBSTANDARD REPAIR WORK MAY BE PERFORMED UPON REQUEST OF CUSTOMER AND ACCORDING TO CUSTOMER'S INSTRUCTIONS BUT SUCH WORK WILL CARRY ABSOLUTELY NO WARRANTY WHATSOEVER. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT NO VERBAL CONTRACTS, AGREEMENTS OR WARRANTIES OTHER THAN WHAT IS SET FORTH HEREIN HAVE BEEN RECEIVED OR GIVEN. 4. pAYMENT - Customer will make payment for services rendered by Ring Power pursuant to this work order at such times and in such manner as may be prescribed by Ring Power. In the event of nonpayment by a customer, the cost incurred by Ring Power in collecting the indebtedness, including attorney's fees and expenses, both in the trial court and on any and all appeals, with interest at the maximum rate allowed by law from date of expenditure, shall be added to the principal amount of the indebtedness owed to Ring Power. These provisions are not exclusive and Ring Power may elect other remedies at law and at equity. 5. RISK OF LOSS - Ring Power carries an Equipment Floater Insurance Policy covering all risk (except war, wear and tear, etc.) for the current value (replacement cost less depreciation) on customer's equipment in Ring Powers custody or control. All risk of loss and damage not covered in above policy shall be borne solely by its owner. 6. SEVERABILITY CLAUSE - Any provisions of this Agreement found to be prohibited by law shall be immediately ineffective to the extent of such prohibition without invalidating the rest of this Agreement. 7. APPLICABLE LAW - This Agreement shall be deemed to be governed by the laws of the State of Florida. CITY OF ATLANTIC BEACH 117940 - 1 Page 4 Page 22 of 134 CITY OF ATLANTIC BEACH Agenda Item #6.A. 24 Jun 2024 117940 - 1 Page 5 Page 23 of 134 Page 24 of 134 Agenda Item #6.B. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Approval of the schedule of seven additional streets to be resurfaced in the 2024 Milling and Paving Project at a cost of $139,154.77. SUBMITTED BY: Kevin Hogencam�; 15eputy City Manager, for Scott Williams, Public Works Director TODAY'S DATE: June 12, 2024 MEETING DATE: June 24, 2024 BACKGROUND: Public Works staff utilizes Roadbotics software rankings, along with conducting site visits to confirm the software analysis, to create the schedule of streets for the City's annual milling and paving (resurfacing) program. The software ranks all streets in the City with a grade to determine roads in most need of repaving. In May 2024, the City Commission awarded Bid 2324-12 to GEC Trucking Construction Co. to carry out the City's 2024 milling and paving program. In March 2024, the City Commission approved a schedule of nine streets to be resurfaced, along with Main Street speed humps. The cost for completing that work schedule is $382,138.90; the amount budgeted in FY 2023-24 for milling and paving is $550,000. Utilizing Roadbotics software, along with conducting site visits, Public Works staff has identified a schedule of seven additional streets for resurfacing at a cost of $139,154.77. This expenditure is within the City's 2023-24 milling and paving budget. BUDGET: This project is fully funded in Capital Projects Fund Account 300-5002-541-63.00, project number PW2311 "2024 Milling & Paving." RECOMMENDATION: Approval of the schedule of seven additional streets to be resurfaced in the 2024 Milling and Paving Project at a cost of $139,154.77. ATTACHMENT: Complete 2024 milling and paving.s iedule REVIEWED BY CITY MANAGER: 6 I Page 25 of 134 Agenda Item #6.B. 24 Jun 2024 2024 Milling and Paving GEC Trucking Budgeted $550,000.00; bid came in at $382,138.90. Original streets 1. Royal Palms - from Atlantic Blvd to 150' south of Cavalla Rd. 740'@40' wide 2. Snapping Turtle Ct. - from west end to east end 200' @16' wide 3. Linkside Ct. - from linkside dr to col -de -Sac Length 575' and 24' wide 4. Laughing Gull Cir - from Oceanwalk Dr. south to cul-de-sac Length374' ad 24' wide 5. West 2nd St. - from Mayport Road to Main Street Length 770' and 24' wide 6. Inland Way - from Oceanwalk Dr to Cul-de-sac 411' and 24' wide 7. Hickory Lane - from North end to the south end 995' long and 24' wide 8. Selva Medera Ct. - from 20th St to cul-de-sac length is 4455 @24' wide 9. Sailfish Dr. - from Atlantic Blvd.to 50'south of Triton 1186' @ 24' wide Three speed humps on Main Street mill 1 "and put in speed humps measuring 12'wide by 22' curb to curb. A 2.5" vertical elevation per plans. Three speed humps to be striped according to plans. 6" double yellow striping Royal Palms Dr. from Atlantic Blvd. to 150' of south of Cavalla Rd. Sailfish Dr. from Atlantic Blvd to 50'south of Triton West 2nd Street at Mayport Road 150 Additional Streets 1. Duna Vista Ct. - from 20th St to Cul-de-sac 465' and 24' wide 2. 5th Street - Between Beach Ave and Ocean Blvd 3200' @ 16' wide 3. Beach Avenue - from 25' south of 14th to around the bend and to the joint on 16th 800' X 18' 4. Stock St. - from w. 6th st. south to dead end 340'@ 18' 5. 13 Street - Between East Coast Dr. and Ocean Blvd 284' @ 16' 6. Forsyth Cove - from Francis Ave. tro the cul-de-sac include the speed hump 313' @ 24' 7. West 6th Street - from Orchid St. to Main Street 478' @ 24' This list of streets was presented to the contractor and accepted for an additional $139.154.77. Total project cost: $521,293.67 Page 26 of 134 AGENDA ITEM: Agenda Item #8.A. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Resolution No. 24-31 accepting the June 10, 2024, report of the Safety, Traffic and Parking Committee and directing staff to draft policies, resolutions and/or ordinances for City Commission consideration moving the Safety, Traffic and Parking Committee recommendations forward. SUBMITTED BY: Kevin Hogencamp, Deputy City Manager 1L - TODAY'S DATE: June 13, 2024 MEETING DATE: June 26, 2024 BACKGROUND: On June 12, 2023, the City Commission established the Safety, Traffic and Parking Committee by Resolution No. 23-20, repealing and replacing Resolution No. 23-11. The committee's purpose is to review safety, traffic and parking matters, and make recommendations to the Commission that aim to improve transportation systems, processes and policies in the City. The Safety, Traffic and Parking Committee has completed a portion of its work, having held public meetings, received public input, and conducted a thorough review of the City policies and codes. On June 10, 2024, the Safety, Traffic and Parking Committee submitted a report to the City Commission delineating policy recommendations approved at the Committee's May 29, 2024, meeting. Now, for the purpose of moving approved Safety, Traffic and Parking Committee recommendations forward, the City Commission is being asked to direct staff to draft policies, resolutions and/or ordinances for City Commission consideration, accordingly. BUDGET: NA RECOMMENDATION: Commission consider approving, ' olution 24-31 REVIEWED BY CITY MANAGER: tY j). 1 \ ATTACHMENTS: Resolution No. 24-31 with Exhibit A afety, Traffic and Parking Committee Policy Recommendations Resolution No. 23-20 Page 27 of 134 Agenda Item #8.A. 24 Jun 2024 RESOLUTION NO. 24-31 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ACCEPTING THE JUNE 10, 2024, REPORT OF THE SAFETY, TRAFFIC AND PARKING COMMITTEE AND DIRECTING STAFF TO DRAFT POLICIES, RESOLUTIONS AND/OR ORDINANCES FOR CITY COMMISSION CONSIDERATION MOVING THE SAFETY, TRAFFIC AND PARKING COMMITTEE RECOMMENDATIONS FORWARD; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 12, 2023, the City Commission established the Safety, Traffic and Parking Committee by Resolution No. 23-20, repealing and replacing Resolution No. 23-11. The committee's purpose is to review safety, traffic and parking matters, and make recommendations to the Commission that aim to improve transportation systems, processes and policies in the City. WHEREAS, the Safety, Traffic and Parking Committee has completed a portion of its work, having held public meetings, received public input, and conducted a thorough review of the City policies and codes; and WHEREAS, on June 10, 2024, the Safety, Traffic and Parking Committee submitted a report to the City Commission delineating policy recommendations approved at the Committee's May 29, 2024, meeting; and WHEREAS, for the purpose of moving approved Safety, Traffic and Parking Committee recommendations forward, and the City Commission directs staff to draft policies, resolutions and/or ordinances for City Commission consideration: 1. Demarcating Parking Spaces 1.1. Purpose The purpose of this policy is to establish guidelines for the demarcating of public parking spaces to ensure that parking spaces are clearly marked and visible to motorists to ensure that public parking is efficient, safe, and convenient for motorists. Benefits of clearly demarcating parking spaces: 1. Improved Parking Efficiency: Clear markings make it easier for drivers to identify vacant parking spaces, reducing the time spent searching and maneuvering. This leads to a more efficient use of parking resources and reduced traffic congestion. 2. Enhanced Safety: Properly defined parking spaces help drivers park accurately, reducing the risk of collisions and property damage. Clear markings also help pedestrians navigate parking areas safely. 3. Accessibility for All: Clearly demarcated parking spaces, including those designated for disabled individuals and, ensure that all users have access to convenient and accessible parking options. 4. Aesthetics and Orderliness: Clearly demarcated parking spaces create a more organized and aesthetically pleasing appearance, enhancing the overall environment of parking areas and surrounding properties. 5. Clear Parking Policies: Clearly marked parking spaces reinforce parking regulations and policies, making it easier for drivers to understand and comply with parking rules. Resolution No. 24-31 Page 1 of 5 Page 28 of 134 Agenda Item #8.A. 24 Jun 2024 6. Reduced Confusion and Frustration: Clear markings eliminate confusion and frustration among drivers, minimizing the likelihood of parking disputes and conflicts. 7. Enhanced Traffic Flow: Efficient parking contributes to smoother traffic flow, reducing congestion and delays, especially in high -traffic areas. 8. Improved Pedestrian Safety: Clear markings help separate pedestrian areas from parking spaces, reducing the risk of collisions, and creating a safer environment for pedestrians. 9. Accessibility for People with Disabilities: Clearly demarcated parking spaces ensure that individuals with disabilities have easy access to designated parking areas, promoting accessibility and inclusivity. 1.2. Policy Public parking spaces should be clearly demarcated with signage, striping, or other appropriate markings. Examples of clearly demarcated spaces are parking spaces that are painted with white lines on black pavement; parking spaces that are marked with posts and signs; and painted curbs where parking is prohibited. Markings shall be of a contrasting color to the surrounding pavement. Parking spaces shall be of a size that is adequate for the type of vehicle that is intended to be parked in the space. Parking spaces shall be arranged in a manner that is efficient and safe. While signage is necessitated at times, every effort should be made to utilize unique striping or a universal public parking symbol, instead. Because of the city's unique parking demands, including right-of-way constraints in various areas of the city, the city should have parking zones as delineated in EXHIBIT A. 1.3. Enforcement Working in conjunction with other City staff, the Police Department shall be responsible for enforcing the provisions of this policy. The Public Works Department shall be responsible for any demarcation of the parking spaces, including striping, signage and pavement materials. 1.4. Exceptions The City Manager may grant exceptions to this policy on a case-by-case basis. Decisions to do so must be reported in writing to the City Commission. Exceptions shall only be granted for public safety concerns. 2. Parking Policy: Rights -of -Way Obstruction 2.1. Definitions Per Sec. 19-1, rights-of-way or public rights-of-way means land in which the city owns the fee or has an easement devoted to vehicular, bicycle and/or pedestrian movement, or required for use as a transportation facility, as that term is defined in F.S. § 334.03(21), and may lawfully grant access pursuant to applicable law and includes the surface, airspace over the surface and the area below the surface of such rights-of-way. "Public rights-of- way" shall not include (a) county, state or federal rights-of-way, (b) property owned by any person other than the city, (c) service entrances or driveways leading from the road or street onto adjacent property, or (d) except as described above, any real or personal property of the city, such as, but not limited to, city parks, buildings, fixtures, conduits, water lines, sewer lines, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way. 2.2. Purpose Resolution No. 24-31 Page 2 of 5 Page 29 of 134 Agenda Item #8.A. 24 Jun 2024 The purpose of this policy is to establish protocols regarding plantings, landscaping material and other obstruction within the public rights-of-way that can create safety and operational issues including interference of public parking, line -of -sight concerns, stormwater conveyance problems, root intrusion of plants impacting utilities, and damage to public facilities such as sidewalks. The city's public rights-of-way are to be reserved for public use and plantings and other obstruction will not be permitted. Sod is the only permitted vegetation allowed upon city approval. Desired plantings can be installed on private property. 2.3. Policy Plantings, landscaping material or other obstruction within public rights -of way are not permitted per the city Code Sec. 19-1. Whenever plantings, landscaping material or other obstruction within public rights-of-way obstruct the ingress and/or egress of the rights-of-way, they shall be removed upon request by the city, and in the event of failure by the owner to so move them, the city shall do so and the expense of same charged to the property owner. All existing obstructions within the 2 -foot safety zone shall be removed (Sec. 19-5). All other plantings, landscaping material or other obstructions must comply with this section of the code. 2.4. Enforcement Working in conjunction with other City staff, Code Enforcement and Public Works shall be responsible for enforcing the provisions of this policy. 2.5. Exceptions The City Manager may grant exceptions to this policy on a case-by-case basis. Decisions to do so must be reported in writing to the City Commission. 3. Turf Grid System Parking 3.1. Definition Grass block pavers - also known as turf block pavers or grow -through pavers - are an alternative to asphalt, concrete, and traditional pavers. They're made of concrete or recycled plastic with open cells that allow grass to grow through them. They're a porous, eco -friendly option for parking areas and driveways. 3.2. Purpose The purpose of this policy is to establish protocols regarding turf grid systems for parking, which the city has identified as being a viable tool in demarcating public parking spaces. 3.3. Policy The City should allocate funding annually to improve its turf grid system parking: • To demarcate public parking spaces counted towards beach renourishment cost - share funding, where feasible. • On a case-by-case basis, demarcating public parking spaces in other areas of the City where unpaved rights-of-way have been customarily utilized for public parking. • The City shall ensure that all turf grid system parking adheres to Florida statute 316.1945 and Florida Greenbook parking space dimension requirements. 4. Paid Parkinx: Enforcement Resolution No. 24-31 Page 3 of 5 Page 30 of 134 Agenda Item #8.A. 24 Jun 2024 4.1. Policy The City Commission should budget funds to ensure that parking regulations and associated penalties are adequately enforced. 5. Paid Parking: Times and season; fine amounts 5.1. Policy Paid parking should operate with the following stipulations: • The 18th -19th street paid parking hours should be extended to 9 a.m. to 9 p.m. from March 1 through Sept. 30. • The fines in Atlantic Beach for overtime parking violations should be identical citywide, excluding Beaches Town Center. • Based on future conditions and analyses of parking utilization, the City Commission should consider expanding paid parking. 6. Paid Parking: Net paid parking revenue 6.1. Purpose The purpose of this policy is to create guidance on how net revenue should be spent. Net revenue from other locations outside of the Beaches Town Center (currently 18th -19th streets) should be structured like the revenue collected in the Beaches Town Center. This enables the revenue to be reinvested in the community and not the general fund. 6.2 Policy Recommendation The City shall establish a pay -for -parking enterprise fund for the City's paid parking program outside of Beaches Town Center just as it has for Beaches Town Center. This parking fund should be used to pay for the program's management and maintenance costs; also, the fund may be used to pay for safety and complete streets projects; landscape and/or hardscape improvements; alternative transportation solutions; and to pay for management of the paid parking program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH. Section 1. Acceptance of Final Report. The City Commission hereby accepts the Final Report of the Charter Review Committee, effective May 20, 2024. Section 2. Direction to Staff. The City Manager, City Attorney and City Clerk are hereby directed to work collaboratively to draft an ordinance that incorporates the proposed amendments to the City Charter as outlined in the WHEREAS clause of this resolution. Section 3. Public Hearing. The City Clerk shall schedule a public hearing for the City Commission to consider the proposed ordinance amending the City Charter. The public hearing shall be advertised in accordance with applicable law. Section 4. Severability. If any provision of this Resolution or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. Resolution No. 24-31 Page 4 of 5 Page 31 of 134 Agenda Item #8.A. 24 Jun 2024 Section 5. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 24th day of June 2024. Curtis Ford, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason Gabriel, City Attorney Resolution No. 24-31 Page 5 of 5 Page 32 of 134 Agenda Item #8.A. 24 Jun 2024 Safety, Traffic and Parking Committee Policy Recommendations Approved/Updated May 29, 2024 1. Demarcating Parking Spaces 2. Right -of -Way Obstruction 3. Turf Grid System Parking 4. Paid Parking: Enforcement 5. Paid Parking: Times and seasons for paid parking; fine amounts 6. Paid Parking: Net paid parking revenue 1. Demarcating Parking Spaces 1.1. Purpose The purpose of this policy is to establish guidelines for the demarcating of public parking spaces to ensure that parking spaces are clearly marked and visible to motorists to ensure that public parking is efficient, safe, and convenient for motorists. Benefits of clearly demarcating parking spaces: 1. Improved Parking Efficiency: Clear markings make it easier for drivers to identify vacant parking spaces, reducing the time spent searching and maneuvering. This leads to a more efficient use of parking resources and reduced traffic congestion. 2. Enhanced Safety: Properly defined parking spaces help drivers park accurately, reducing the risk of collisions and property damage. Clear markings also help pedestrians navigate parking areas safely. 3. Accessibility for All: Clearly demarcated parking spaces, including those designated for disabled individuals and, ensure that all users have access to convenient and accessible parking options. 4. Aesthetics and Orderliness: Clearly demarcated parking spaces create a more organized and aesthetically pleasing appearance, enhancing the overall environment of parking areas and surrounding properties. 5. Clear Parking Policies: Clearly marked parking spaces reinforce parking regulations and policies, making it easier for drivers to understand and comply with parking rules. 6. Reduced Confusion and Frustration: Clear markings eliminate confusion and frustration among drivers, minimizing the likelihood of parking disputes and conflicts. 7. Enhanced Traffic Flow: Efficient parking contributes to smoother traffic flow, reducing congestion and delays, especially in high -traffic areas. 8. Improved Pedestrian Safety: Clear markings help separate pedestrian areas from parking spaces, reducing the risk of collisions, and creating a safer environment for pedestrians. 9. Accessibility for People with Disabilities: Clearly demarcated parking spaces ensure that individuals with disabilities have easy access to designated parking areas, promoting accessibility and inclusivity. Page 33 of 134 Agenda Item #8.A. 24 Jun 2024 1.2. Policy Public parking spaces should be clearly demarcated with signage, striping, or other appropriate markings. Examples of clearly demarcated spaces are parking spaces that are painted with white lines on black pavement; parking spaces that are marked with posts and signs; and painted curbs where parking is prohibited. Markings shall be of a contrasting color to the surrounding pavement. Parking spaces shall be of a size that is adequate for the type of vehicle that is intended to be parked in the space. Parking spaces shall be arranged in a manner that is efficient and safe. While signage is necessitated at times, every effort should be made to utilize unique striping or a universal public parking symbol, instead. Because of the city's unique parking demands, including right-of-way constraints in various areas of the city, the city should have parking zones. AREA / ZONE GEOGRAPHIC LOCATION Beaches Town Center North side of Atlantic Zone Blvd from Third Street (A1A) east to the Atlantic Ocean. Old Atlantic Beach & First Street north to city Beach Zone limit. East of Sherry Drive and east of Seminole (north of the Five -way) All other areas, including parks POLICY Parking spaces should be on paved surfaces and marked with white lines and pay -for - parking signage. 1. Parking spaces on the paved right-of-way should be marked with lines and/or sym bols. 2. Demarcation of public parking availability on unimproved rights-of-way shall be clear and discernable; should have signage or be marked with symbols; and shall not block line of sight. 3. Demarcation of parking on the street pavement should follow all Florida statutes and City of Atlantic Beach codes, with additional signage or marking installed on case-by-case basis. E. Parking on unimproved rights-of-way shall not block line of -sight and should follow all Florida statutes and City of Atlantic Beach codes, with additional signage or marking installed on a case-by-case basis. Parking on the street pavement should follow all Florida statutes and City of Atlantic Beach codes. Page 2 of 6 Page 34 of 134 OLD ATLANTIC BEACH & BEACH ZONE 1.3. Enforcement Atlantic . BEACHES TOWN CENTER ZONE Agenda Item #8.A. 24 Jun 2024 .1 Working in conjunction with other City staff, the Police Department shall be responsible for enforcing the provisions of this policy. The Public Works Department shall be responsible for any demarcation of the parking spaces, including striping, signage and pavement materials. 1.4. Exceptions The City Manager may grant exceptions to this policy on a case-by-case basis. Decisions to do so must be reported in writing to the City Commission. Exceptions shall only be granted for public safety concerns. ** Note Recommend creating a QR code to educate the community on parking and the location of public parking spaces. Page 3 of 6 Page 35 of 134 Agenda Item #8.A. 24 Jun 2024 2. Parking Policy: Rights-of-Wav Obstruction 2.1. Definitions Per Sec. 19-1, rights-of-way or public rights-of-way means land in which the city owns the fee or has an easement devoted to vehicular, bicycle and/or pedestrian movement, or required for use as a transportation facility, as that term is defined in F.S. § 334.03(21), and may lawfully grant access pursuant to applicable law and includes the surface, airspace over the surface and the area below the surface of such rights-of-way. "Public rights-of-way" shall not include (a) county, state or federal rights-of-way, (b) property owned by any person other than the city, (c) service entrances or driveways leading from the road or street onto adjacent property, or (d) except as described above, any real or personal property of the city, such as, but not limited to, city parks, buildings, fixtures, conduits, water lines, sewer lines, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way. 2.2. Purpose The purpose of this policy is to establish protocols regarding plantings, landscaping material and other obstruction within the public rights-of-way that can create safety and operational issues including interference of public parking, line -of -sight concerns, stormwater conveyance problems, root intrusion of plants impacting utilities, and damage to public facilities such as sidewalks. The city's public rights-of- way are to be reserved for public use and plantings and other obstruction will not be permitted. Sod is the only permitted vegetation allowed upon city approval. Desired plantings can be installed on private property. 2.3. Policy Plantings, landscaping material or other obstruction within public rights -of way are not permitted per the city Code Sec. 19-1. Whenever plantings, landscaping material or other obstruction within public rights-of-way obstruct the ingress and/or egress of the rights-of-way, they shall be removed upon request by the city, and in the event of failure by the owner to so move them, the city shall do so and the expense of same charged to the property owner. All existing obstructions within the 2 -foot safety zone shall be removed (Sec. 19-5). All other plantings, landscaping material or other obstructions must comply with this section of the code. 2.4. Enforcement Working in conjunction with other City staff, Code Enforcement and Public Works shall be responsible for enforcing the provisions of this policy. 2.5. Exceptions The City Manager may grant exceptions to this policy on a case-by-case basis. Decisions to do so must be reported in writing to the City Commission. Page 4 of 6 Page 36 of 134 Agenda Item #8.A. 24 Jun 2024 3. Turf Grid System Parking 3.1. Definition Grass block pavers - also known as turf block pavers or grow -through pavers - are an alternative to asphalt, concrete, and traditional pavers. They're made of concrete or recycled plastic with open cells that allow grass to grow through them. They're a porous, eco -friendly option for parking areas and driveways. 3.2. Purpose The purpose of this policy is to establish protocols regarding turf grid systems for parking, which the city has identified as being a viable tool in demarcating public parking spaces. 3.3. Policy The City should allocate funding annually to improve its turf grid system parking: • To demarcate public parking spaces counted towards beach renourishment cost -share funding, where feasible. • On a case-by-case basis, demarcating public parking spaces in other areas of the City where unpaved rights-of-way have been customarily utilized for public parking. • The City shall ensure that all turf grid system parking adheres to Florida statute 316.1945 and Florida Greenbook parking space dimension requirements. 4. Paid Parking: Enforcement 4.1. Policy The City Commission should budget funds to ensure that parking regulations and associated penalties are adequately enforced. 5. Paid Parking: Times and season; fine amounts 5.1. Policy Paid parking should operate with the following stipulations: • The 18th -19th street paid parking hours should be extended to 9 a.m. to 9 p.m. from March 1 through Sept. 30. • The fines in Atlantic Beach for overtime parking violations should be identical citywide, excluding Beaches Town Center. • Based on future conditions and analyses of parking utilization, the City Commission should consider expanding paid parking. Page 5 of 6 Page 37 of 134 Agenda Item #8.A. 24 Jun 2024 6. Paid Parking: Net paid parking revenue 6.1. Purpose The purpose of this policy is to create guidance on how net revenue should be spent. Net revenue from other locations outside of the Beaches Town Center (currently 18th -19th streets) should be structured like the revenue collected in the Beaches Town Center. This enables the revenue to be reinvested in the community and not the general fund. 6.2 Policy Recommendation The City shall establish a pay -for -parking enterprise fund for the City's paid parking program outside of Beaches Town Center just as it has for Beaches Town Center. This parking fund should be used to pay for the program's management and maintenance costs; also, the fund may be used to pay for safety and complete streets projects; landscape and/or hardscape improvements; alternative transportation solutions; and to pay for management of the paid parking program. Page 6 of 6 Page 38 of 134 Agenda Item #8.A. 24 Jun 2024 RESOLUTION NO. 23-20 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REPEALING AND REPLACING RESOLUTION NO. 23-11 ESTABLISHING THE SAFETY, TRAFFIC AND PARKING COMMITTEE; ADOPTING THE COMMITTEE PURPOSE; ADOPTING CERTAIN PROVISIONS GOVERNING THE COMMITTEE; ESTABLISHING CITY STAFF ADMINISTRATIVE SUPPORT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boards and Committees established by the Mayor and Commission of the City of Atlantic Beach provide many valuable services to the community by enlisting citizen volunteers to provide input and consideration upon important issues that affect the daily lives of citizens in the community; and WHEREAS, the City Commission deems it to be in the best interests of the citizens of Atlantic Beach to create an advisory committee to review safety, traffic and parking matters, and make recommendations to the Commission that aim to improve transportation systems, processes and policies in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH: SECTION 1. Creation. There is hereby created and established the Safety, Traffic and Parking Committee (hereafter referenced as the "Committee"). SECTION 2. Purpose. The purpose of the Committee is to review matters pertaining to safety, traffic and parking, and make recommendations to the Mayor and Commission as to changes and revisions to the City's transportation system, processes and policies. SECTION 3. Membership, Appointees and Staff Support (a) There will be a total of nine (9) members on the Committee to include two (2) persons who are electors within each of the four City Commission districts, and who are appointed by the City Commission members representing the district in which the Committee members live; and one (1) person who is an elector appointed by the Mayor. Those members are: • District 1306 - Brinkley Harrell and Frederick Jones • District 1307 — John Reich and Michael Tari • District 1308 — Richard Arthur and Kelly Fanning • District 1312 — James Johnson and Grace Neville • Mayor — Ken Caudle (b) The Committee shall be supported by an appointee of the City Manager; Page 39 of 134 Agenda Item #8.A. 24 Jun 2024 SECTION 4. Charge/Additional Work. (a) The Committee's charge shall be to review safety, traffic and parking matters, and make recommendations to the City Commission that aim to improve transportation, mobility and parking systems, processes and policies in the City. The Committee's work plan shall begin with a traffic and parking data collection phase, including an assessment of existing conditions. Consultation with City staff and other subject - matter experts, along with soliciting public/stakeholder input, shall follow. Finally, the Committee shall undertake a deliberative phase to review the data and input it receives, and formulate conclusions and recommendations for submittal in a report to the City Commission. The report shall define ideal traffic and parking scenarios and delineate recommendations for remedial action to achieve them. (b) The Committee shall undertake such additional work as requested by the City Manager or City Commission. SECTION 5. Meetings and Notice. The meetings of the Committee shall be set at regular times upon the call of the chair or a majority of the members of the Committee, and will be open to the public and notice of meetings shall be provided in accordance with state law. SECTION 6. Committee Officers and Associated Duties. The Committee shall be chaired by the member appointed by the Mayor and the Committee shall elect a vice chair from among its membership, and it shall further elect a secretary from among its membership who shall be responsible for working with City staff in preparing the following: (1) the agenda; (2) minutes of each meeting (and their prompt recordation with the City), and (3) a final report of all proposed recommendations. The Committee may elect other officers it deems advisable from among its regular members for the proper governance of its meetings and charge. The chair shall preside at all meetings of the Committee. In the temporary absence or disability of the chair, all duties of the chair shall be performed by the vice chair. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the City's Charter, Code, or other City ordinances, shall be the rules of this Committee. SECTION 7. Quorum. The Committee quorum is five (5) members. The Committee shall take no official action unless a quorum is present at a meeting. Any official acts by the Committee shall require a majority vote of the members present; however, no report to the City Commission shall be adopted unless favorably voted upon by a majority of the entire membership of the Charter Review Committee. SECTION 8. Subcommittees Prohibited. The committee shall perpetually meet as a Committee of the Whole; no subcommittee shall be appointed. SECTION 9. Sunset. The Committee shall automatically sunset, expire and cease to exist on November 11, 2024, in conjunction with the expiration of the Mayoral term and two City Commission terms. Page 2 of 3 Resolution No. 23-20 Page 40 of 134 Agenda Item #8.A. 24 Jun 2024 SECTION 10. Removal or Resignation of a Committee Member. Any member who fails to attend two (2) consecutive regularly scheduled meetings, subject to excused absence rules as decided by the chair of the Committee, shall be declared to have vacated his/her Committee seat, which shall be evidenced by the Committee chair notifying the City Clerk of such vacancy in writing. A member may choose to resign from the Committee at any time by giving written notice to the City Clerk. At such time, the City Commission may fill such vacancy in its discretion. SECTION 11. Compliance with Laws. The Committee and each member shall comply with all applicable federal, state and local laws including, but not limited to, the Florida Government in the Sunshine Law, Florida Code of Ethics for Public Officers and Employees, Florida Public Records Law, and related provisions of the City's Charter, Code of Ordinances and applicable resolutions, as may be amended from time to time. SECTION 12. Coordination with City Staff and the City Commission. Working collectively, the Committee shall coordinate with City staff on any needs within its scope and mission. Staff may be assigned by the City Manager, City Clerk or City Attorney, as necessary, to provide aid, guidance and insight into City government operations or functions. Notice of meetings shall be the responsibility of City staff. The Committee shall provide a report of its activities to the City Commission periodically at a frequency established by the Committee or upon request from any City Commission member. If required, City staff will be responsible for the collection and expenditure of any City funds in accordance with purchasing guidelines. SECTION 13. Effective Date. This Resolution shall take effective immediately upon its final passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, Florida, this 12th day of June, 2023. oak Curtis Ford, Mayor Attest: 40-yvy IPLAtee, Donna L. Bartle, City Clerk Approved as to form and correctness: Jast:Ciabriel, City Attorney Page 3 of 3 Resolution No. 23-20 Page 41 of 134 Page 42 of 134 AGENDA ITEM: Agenda Item #8.B. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Resolution No. 24-32 authorizing the City to enter into an agreement with MuniVate to a provide Enterprise Resource Planning software implementation consulting services to the City for $118,505; and authorizing the City Manager to approve the expenditure of an additional $23,701 with Munivate, if needed. SUBMITTED BY: Kevin Hogencamp, Deputy City Man e,I-Ron Bautista, Information Technology Director TODAY'S DATE: June 18, 2024 MEETING DATE: June 24, 2024 BACKGROUND: Modernizing the City's enterprise resource planning solution increases efficiency and improve decision-making by streamlining essential workflows and sharing data across departments like finance and procurement, human resources, and planning and building, reducing manual tasks and saving time. On May 13, 2024, the City Commission approved Resolution No. 24-26 authorizing an agreement with BS&A Software LLC at a cost of $326,840 to provide an Enterprise Resource Planning (ERP) software solution and associated services to the City. Now, the City desires to hire a consultant for ERP software solution implementation for the following reasons. • Expertise: ERP systems are complex and require specialized knowledge to configure and implement effectively. Consultants bring extensive experience in ERP implementations, allowing them to navigate the process smoothly and avoid common pitfalls. • Objectivity: A consultant acts as an objective third party, offering unbiased advice on software implementation strategies. This can be helpful in avoiding internal biases or departmental politics that might influence decision-making. • Efficiency: Consultants have a proven methodology for ERP implementations, which can save the city time and resources. They can streamline the process, ensuring it stays on track and meets deadlines. • Risk Management: ERP implementations are significant investments, and a consultant can help mitigate risks associated with software selection, data migration, and user adoption. • Change Management: Implementing a new ERP system often requires significant changes in how the city operates. Consultants can help develop a change management plan to ensure employees are trained and prepared for the new system, minimizing disruption and maximizing user buy -in. • Industry -Specific Knowledge: Many consultants specialize in specific industries, such as government or public sector. This specialized knowledge can be invaluable in tailoring the ERP solution to the city's unique needs. While hiring a consultant adds cost to the project, the benefits should outweigh the expense by ensuring a successful implementation that delivers a positive return on investment for the City. As such, the City Page 43 of 134 Agenda Item #8.B. 24 Jun 2024 issued RFP 24-03 and received four responses. Staff reviewed the four responses and selected MuniVate's proposal of $118,505 as the best bid; it was the lowest bid, as well. MuniVate's services are billed hourly, and the number of hours worked along its travel allocation may increase or decrease based on the City of Atlantic Beach's needs. As such, City staff is proposing to build in a 20% contingency into the agreement. BUDGET: The City budgeted $625,000 in FY 2023-24 (Account No. 300-1009-519- 34-00) for the ERP project. The procurement of BS&A software and associated services for $326,840 leaves a balance of $298,160 for professional services and customization for implementation. RECOMMENDATION: Approve Resolution No. 24-32 authorizing the City to enter into an agreement with MuniVate to a provide Enterprise Resource Planning software implementation consulting services to the City for $118,505; and authorizing the City Manager to approve the expenditure of up to an additional $23,701 for MuniVate's services, if needed. ATTACHMENTS: 1. Resolution No. 24-32 2. Resolution No. 24-26 3. Munivate Proposal 4. Evaluation of Proposals Scoresheet REVIEWED BY CITY MANAGER: On \ Page 2 of 2 Page 44 of 134 Agenda Item #8.B. 24 Jun 2024 RESOLUTION NO. 24-32 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH MUNIVATE TO PROVIDE ENTERPRISE RESOURCE PLANNING SOFTWARE IMPLEMENTATION SERVICES TO THE CITY FOR $118,500; AUTHORIZING THE CITY MANAGER TO APPROVE THE EXPENDITURE OF UP TO AN ADDITIONAL $23,701 FOR MUNIVATE'S SERVICES, IF NEEDED; 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, modernizing the City's enterprise resource planning solution increases efficiency and improve decision-making by streamlining essential workflows and sharing data across departments like finance and procurement, human resources, and planning and building, reducing manual tasks and saving time; and WHEREAS, on May 13, 2024, the City Commission approved Resolution No. 24-26 authorizing an agreement with BS&A Software LLC at a cost of $326,840 to provide an Enterprise Resource Planning (ERP) software solution and associated services to the City; and WHEREAS, as such, the City issued RFP 24-03 for ERP software implementation consulting services and received four responses; and WHEREAS, the City desires to enter into an agreement with MuniVate to provide ERP software implementation consulting services to the City $118,505; and authorizing the City Manager to approve the expenditure of up to an additional $23,701 for MuniVate's services, if needed. 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 MuniVate to provide Enterprise Resource Planning software implementation consulting services for $118,505 and authorizing the City Manager to approve the expenditure of up to an additional $23,701 for MuniVate's services, if needed. Section 2. The City Commission hereby authorizes the use of budgeted Fiscal Year 2023-24 funds (Account No. 300-1009-519-34-00) 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. Page 45 of 134 Agenda Item #8.B. 24 Jun 2024 Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 24th day of June 2024. Curtis Ford, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason Gabriel, City Attorney Page 2 of 2 Resolution No. 24-32 Page 46 of 134 Agenda Item #8.B. 24 Jun 2024 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 efficiency and improve decision-making by streamlining essential workflows and sharing data across departments like finance 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 Planning 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 Planning 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. Page 1 of 2 Resolution No. 24-26 Page 47 of 134 Agenda Item #8.B. 24 Jun 2024 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 conflict herewith are hereby repealed to the extent of such conflict. 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 13`1' day of May 2024. Ford, a14/i Mor Attest: 0-fryniet, �� Lt& Donna L. Bartle, City Clerk Approved as t form and correctness: Jason {e1, jCity Attorney Page 2 of 2 Resolution No. 24-26 Page 48 of 134 Agenda Item N.B. 24 Jun 2024 CITY OF ATLANTIC BEACH Request for Proposals RFP #24-03 DOCUMENT REOUIREMENTS CHECKLIST ALL REQUIRED DOCUMENTS, AS LISTED BELOW, MUST BE INCLUDED WITHIN YOUR PROPOSAL PACKAGE. ONE (1) ORIGINAL AND TWO (2) COPIES, PLUS AN ELECTRONIC FILE (CD OR FLASH DRIVE) WITH ALL REQUIRED DOCUMENTS SHOULD BE SENT TO THE CITY AND SHOULD BE IN THE SAME ORDER AS LISTED BELOW. Proposals, and ALL required documents, submitted as complete packages (one original and two copies plus one digital copy) to include the following, required forms: a Signed copy of the Document Requirements Checklist ❑ Title Page o Cover Letter o Firm Overview, o Personnel and References ❑ Method of Approach ❑ Schedule of Fees ❑ Signature Sheet Addendum Acknowledgement ❑ Drug Free Workplace, if appropriate o Public Entity Crimes Statement o Non -Collusion Affidavit of Prime Respondent o Public Records Provision Form u Completed Form W-9 Request for Taxpayer Identification Number and Certification (form may be obtained from the IRS website https://www.irs.aov/oub/irs-odf/fw9.pdf o New Vendor Information Form o E -Verify Form a Anti -Kickback Affidavit a Conflict Affidavit ❑ Equal Opportunity Statement o Proof of Insurance o Subcontractor Participation Schedule o Vendor Certification regarding Discriminatory Vendor List The above requirements have been noted and are understood by bidder. I understand that failure to submit an item listed above may result in rejection of this bid. MunivadLLC SIGNATURE: COMPANY: PHONE: E-MAIL: 517-614-3643 kkeyes@munivate.com 12 I P g e PRINT: Kevin Keyes ADDRESS: 11242 N Meridian Rd, Pleasant Lake, MI 49272 None FAX: DATE: 05-17-2024 Page 49 of 134 Serve .es City Selected rprtse e•E RFP -24-03 May ORIGINAL Agenda Item #8.B. 24 Jun 2024 city of Atlantic Beach Keyes 614.3643 t •: •s-- 4 i\ r k t t t'', L s% , f:. Ira,y Page 50 of 134 Table of Contents Cover Letter and Executive 3 Summary Firm Overview 4 Personnel and References 6 Method of Approach 11 Roles 12 Schedule of Fees Addendums 2 Process 14 Structure 15 Sequencing 16 Tools 17 h 23 Agenda Item #8.B. 24 Jun 2024 Page 51 of 134 ilk MuniVate Patty Drake City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Agenda Item #8.B. 24 Jun 2024 11242 N Meridian Rd Pleasant Lake, MI 49272-0998 May 15th, 2024 Dear Patty, Commissioners, and others, I hope this letter finds you well. I am eager to express our interest in collaborating with the city on the BS&A Software implementation. Munivate is a small, niche firm dedicated specifically to the type of project you are about to begin. As a former employee of BS&A Software, I have personally worked with around 300 municipalities like yours to implement their solutions. In the nearly 3 years since starting Munivate, over 30 municipal clients have trusted Munivate to implement BS&A Software and/or expand their current use of the solution. While I specialize in Community Development and Licensing, I also have a strong understanding of governmental fund accounting, GIS, relational database architecture and conversions, reporting, analytics, project and change management, organizational process engineering, and the software/system development lifecycle. During my time at BS&A, I successfully led hundreds of conversions from nearly every vendor in the market to BS&A Software, including HTE. We are BS&A Cloud framework experts. In fact, we recently completed a project where we implemented the platform independently for a client, end-to-end. The scope of this project included project management, configuration and implementation, and training. Like them, you would also be provided access to Munivate's online library of BS&A Cloud training videos to prepare your team on the fundamentals of the software in advance of formal training. I believe in taking a very active and engaged approach to projects and I enjoy 'rolling up my sleeves' and putting my knowledge of the software and your domain to use by augmenting the services provided by BS&A when necessary to ensure you're getting the most from your new software. This gives your team the continuity of a partner leading into and sustaining after the implementation of your new software. I want to thank you for your consideration of Munivate for this opportunity. It's my sincere hope that we can work together soon. Sincerely, Kevin Keyes Founder, Munivate LLC Page 52 of 134 Firm Overview Agenda Item #8.B. 24 Jun 2024 Page 53 of 134 Agenda Item #8.B. 24 Jun 2024 Fi Na e Munivate, LCC Legal Structure Michigan Limited Liability Company Office Location Pleasant Lake, MI Aad rens 11242 N Meridian Rd Pleasant Lake, MI 49272 Phone (517) 614-3643 Email kkeyes@munivate.com Website www.munivate.com Financi 1 Institution None Afifili ons Page 54 of 134 Agenda Item #8.B. 24 Jun 2024 Personnel and References f'tv= fAtlastt Page 55 of 134 On this Project 'Kevin Keyes Kevin will work directly with the city to plan, develop, and execute the activities within the project plan. He'll interview staff, conduct research, perform change management activities, provide consultation. and perform other project -related activities while providing in-depth insight from years of Community Development, project management. and advisory experience. Kevin has spent the last 13+ years working directly with municipalities throughout the country. During that time. he's helped over 300 municipalities in 15 different states implement technology. improve service delivery, and bring about real organizational change. Founding Munivate in 2021 with a mission to empower municipalities to innovate Kevin has quickly been relied on by both public and private organizations who serve the public. Prior to founding Munivate, Kevin served in various roles for BS&A Software, all of which were directly related to customer software implementations. Kevin also has experience in many cross -disciplinary areas such as: • Governmental Fund Accounting • Change Management • GIS • ERP Software Design, Function, and Implementation • Data Conversion • Data Analytics and Modeling • Workflow Automation • System Integrations • Documentation. Tutorial Creation (Document and Vicleo I, Training 7 City of Atlantic Beach Proposal - Munivate RFP -24-03 Agenda Item #8.B. 24 Jun 2024 Senior Consultant worked with 300+ communities Ove r 13 Years experience in local government technology Experience: Munivate 2021-2024 BS&A Software 2011-2021 IBM (via Preferred Solutions) 2008-2011 Page 56 of 134 8 On this Project Caleb Forney Caleb may work remotely on this project to provide technical assistance in data gathering, modeling, and visualization, as needed. tory Caleb is a veteran of the Army National Guard where he was trained in database management systems before earning his Computer Science degree from Western Michigan University. During his time with the National Guard, Caleb designed. developed. and implemented several interactive operational systems such as a personnel tracking and management system to assist in required training and reporting processes. After serving our country, Caleb continued serving in the public sector where he administered application databases for the Iackson County Intermediate School District, eventually being elevated to the role of Supervisor of Student Information Systems. At the ISD. Caleb brought a creative perspective to problem solving, custom developing many solutions for software integrations. reporting. and data migration for the 24 school districts he served. Most recently, Caleb provides his expertise to Consumers Energy as a Data Scientist, specializing in Microsoft Power BI. In this initiative, he has helped inventory and consolidate data collections throughout the organization, re -write and optimize algorithms used to query large relational database sets, and build custom dashboards to help executive teams make more educated and insightful decisions. Caleb is experienced with many technologies including SQL, Oracle, MS Power BI. VBA, Fusion Charts, JavaScript, Power Query, and DAX. Agenda Item #8.B. 24 Jun 2024 Data Scientist 13 Years operational reporting and analytics experience 200+ Custom reporting solutions developed Prior Experience: Consumers Energy 2022-2024 Jackson County ISD 2015-2022 Mich Army National Guard 2011-2015 8 City of Atlantic Beach Proposal — Munivate RFP -24-03 Page 57 of 134 Agenda Item #8.B. 24 Jun 2024 Referenc s Municipality Contact Name Contact Title Phone Email Address Project Summary Buffalo Grove IL Nicole Woods Director of Community Development 847-459-5539 nwoods@vbg org 50 Raupp Blvd., Buffalo Grove, IL 60089 implemented BS&A Cloud for the Village of Buffalo Grove, a growing suburb of Chicago with around 42,000 residents. Performed data conversion review, process re-engineering, configuration, and training services. Municipality Contact Name Contact Title Phone Email Address Project Summary Pittsfield Township MI Laura igna Deputy Director of Building Services 734-822-3149 IgnaL@pittsfield-mi.gov 6201 W Michigan Ave., Ann Arbor, MI 48108 Munivate provides Pittsfield Township, a BS&A Cloud customer located in Ann Arbor, MI of 38,000 residents, with continual services to expand and optimize their use of the BS&A Cloud software. Municipality Contact Name Contact Title Phone Email Address Project Summary West Melbourne FL Tom Bradford Assistant City Manager 321-837-775/ - tbradford@westmelbourne.gov 2240 Minton Rd., West Melbourne, FL 32904 Helped West Melbourne. a Florida city with a population of 28:000, and their IT team design and implement a complete restructuring of the configured BS&A .Net database for building permitting and plan review, and planning and zoning applications. 9 City of Atlantic Beach Proposal - Munivate RFP 24.03 Page 58 of 134 Agenda Item #8.B. 24 Jun 2024 Municipality Professional Code Inspectors of Michigan Contact Name Eric Thompson Contact Title Managing Partner Phone 269-207-6323_ Email ethompson@pcimi.com Address .1575 142' ' Ave., Dorr, MI 49323 Project Summary Provide ongoing solution consultation services to PCI, a private development department management company with over 70 municipal clients, for their BS&A Software and other technology used to facilitate land development applications for much of the Grand Rapids, MI area. Municipality Contact Name Contact Title Phone Email Address Project Summary Delta Township MI Dave Marquette Technology Director 517-323-8590 dmarquette@deltarni gov 7710 W Saginaw Hwy, Lansing, MI 48917 Delivered several different technology and process improvement projects for Delta Township, a suburb of Lansing, MI with a population of 32,00 residents. The key outcome of these projects was the successful integration of previously siloed departments. 10 City of Atlantic Beach Proposal — Munivate RFP -24-03 Page 59 of 134 Method of Approach 11 Agenda Item #8.B. 24 Jun 2024 Page 60 of 134 Agenda Item #8.B. 24 Jun 2024 Method of App oac Rol s After execution of your agreement(s) with BS&A, your Account Executive will submit the signed agreements to the project management office for assignment to a project team. The following roles are typically allocated, but may vary: BS&A Role Responsibilities Project Manager Consultants/SME's Analyst Implementation and Training Specialists Others The project manager, and possibly a coordinator, will typically work with the city to lead the scheduling and planning process as well as assign resources to the project. Consultants/subject matter experts will typically be assigned to your project to lead discovery sessions and provide guidance in the assigned area(s) which may be split into functional areas of Payroll, Utility Billing, and Community Development. Analysts may be assigned to work closer with the data conversion process for the purpose of reviewing converted data and performing database configuration activities. Implementation and Training Specialists are typically assigned to perform actual onsite or remote final configuration and training services to prepare you for migration (go -live) and provide post -go -live assistance. Other resources may be assigned to or brought into the project for various purposes as the need The allocation of resources by the vendor is oftentimes partly based on availability which may create a lead-in period of time where the volume of activities being performed are lower, then increase as the project moves closer to the migration/go-live date. This period of time is also commonly used by the vendor to develop the historical data conversion from your legacy system to BS&A. During this time, you will typically be asked to perform 'homework' items such as assembling reports and other artifacts. You may also be asked to fulfill requests for information that can include defining and/or documenting certain current -state processes in preparation for more in-depth discovery meetings. You will want to be proactive in this process to ensure that your requirements are being met with an appropriate implementation plan from BS&A and successful follow-through on that plan is occurring. It's also recommended that you perform internal change management activities to prepare staff and the public for the migration and to ensure all users and their processes are accounted for during training. Munivate Role Responsibilities Senior Consultant 12 Interface with the vendor (BS&A Software), city project steering team, and end-users to help facilitate BS&A requests, perform change management activities, and assist in identifying, documenting and mapping user requirements to the BS&A training plan. Citv of Atlantic i3eacn Proposal — Munivate RFP -24-03 Page 61 of 134 Agenda Item #8.B. 24 Jun 2024 It is recommended that the city defines project roles. These roles can, and often will, vary from your day-to-day roles, but are necessary for a successful project. Atlantic Beach Role Responsibilities Steering Team Project Lead Department Managers End -Users IT Lead Communications Specialist The Sponsor will execute agreements on behalf of the city, optionally attend progress meetings, provide key decisions, and provide general high-level oversight of the project. The steering team typically consists of individuals who also serve in key roles on the project and have decision-making authority on behalf of their area of concern, or department. This team discusses process or software configuration options that affect more than a single department and guides decisions to move the project forward. The Project Lead will be the face of the project on behalf of the City. They will attend progress meetings, help to coordinate city resources, provide oversight, provide mid -to -low level decisions, and coordinate with Munivate and BS&A to remove roadblocks. 1 Managers will help coordinate scheduling with department team members. They will also provide access to systems, documentation, and other requests for information, or delegate someone to do so on their behalf. IEnd -Users are those who will be utilizing the software routinely to perform their various job functions. They may be called upon by ' managers to provide insight into specific processes and may be included in discovery meetings as subject matter experts for the city. They will receive much of the training on the project during the implementation phase. The IT lead may be required to provide access to systems or data for project team members, as well as general IT support for the systems which contain that data. A person assigned to coordinating with Munivate and BS&A to develop, review, and publish public -facing information, notices, surveys, etc. They may also review public -facing templates generated by the software for branding consistency. 13 City of Atlantic Beach Proposal Muntvate RFP -24-03 Page 62 of 134 Munivate Draft Overall Project Plan Agenda Item #8.B. 24 Jun 2024 Method of Approach — Process Atlantic Deitch Project Planning Call BS&A Software Review Plan and Schedule BS&A Kickoff Call Intual Data Extraction(s) User Requirements Documentation. Training Plan, BS&A RFI Fulh!Iment. Project Control, other Change Management Admires D.scoaery Meetings Pre-Go.Uve Training Draft Software tmplementanon Plan Send Request tor Information Develop and Review Data Conversron(s} Imports, etc. J System Configuration Database Validation Database Adjustments Go -Live Training and User Assistance 14 City of Atlantic Beach Proposal - Munivate RFP -24-03 Phase SQ Est Weeks 1-4 Est Weeks 5-60 n O CD O Est Weeks 60-64 Page 63 of 134 Agenda Item #8.B. 24 Jun 2024 Me hod of Approach S ru ure The proposed structure for this project is to develop and manage a high-level set of activities in a main project that incorporates the BS&A project as a component, or sub -project of the overall plan. The primary objectives of the main project would be: • Organization of city staff into roles and teams • Coordination/Point of Contact with BS&A Software Project Team • Identification and management of work packages and activities including documentation, prioritization, follow-up, and in some cases delivery of required activities. • Consultation resources for technical and domain related activities requested of the city by BS&A • Change management by working with key stakeholders and users in the city to identify process and system -use requirements early in the project, ensure they are mapped to activities in the schedule and delivered by the vendor. • High level governance of all activities, risks, issues, and overall scope of the project • Manage central control of ad-hoc work and/or sub -projects that may be identified or required to deliver any other work in the overall project. Main Project Implementation Project Work Packages Work Packages Ad -Hoc Sub Project 15 City of Atlantic Beach Proposal — Munivate RFP -24-03 Page 64 of 134 Agenda Item #8.B. 24 Jun 2024 Method of Approach — ' iequencin When implementing an integrated solution, the order of rollout for each module is important. Some of the factors to consider are: • Frequency of transactional data entry (billing and other payments/receipts, permit and planning applications and related processes, business tax receipt transactions, timesheet entries, etc.) • Frequency of periodic processes (payroll process, utility billing process, check runs, etc.) • Service functions (customer -facing) vs Back Office (non -customer facing) functions. Integrations between modules are important but they also mean that more processes are interrelated so while one module or process may not be as mission critical on day one itself, it may interface with a module which is and depends on it to function. In the past, we've had experience taking BS&A Software on -premise modules live both before and after one another, with success. These systems didn't share a central land management database and some functions such as cash receipting had alternate versions built into the applications to allow them to perform for a period of time as standalone applications. With Cloud -based software such as BS&A Cloud, many of the redundancies in features across modules are eliminated which creates a better overall experience but presents a bit more of a challenge initially since certain core pieces such as General Ledger and Cash Receipting would need to be in place for other systems like Utility Billing, Community Development, and Business Licensing to receipt payments and have the ability to create journal entries using an accurate chart of accounts. BS&A has resources who address these challenges daily, and they may also have resource timing constrictions which must be navigated when planning out the sequencing of module implementations, so our recommendation is to receive guidance from their subject matter experts before attempting to define sequencing and discuss potential impacts to each business unit internally before accepting and confirming their plan. City of Atlantic Beach Proposal — Mumvate RFP -24-03 Page 65 of 134 Agenda Item #8.B. 24 Jun 2024 Method of Approach -- Tools flat° h.rI .v rl.; r ..al.. are tyi., manage rlri F'.: t Methodology Munivate provides a range of services including organizational assessment, project management, consultation, system design and configuration, and training. As a result, we utilize a hybrid PMM/SEM that incorporates ideal processes from both traditional waterfall and modern agile, iterative, and incremental process management methodologies. th MuniVate 17 City of Atlantic Beach Proposal - Munivate RFP -24.03 Page 66 of 134 • Maw eaultS OM. ICE floviveri *v. 01.,04 Agenda Item #8.B. 24 Jun 2024 Scheduling Munivate uses Microsoft FindTime to reach consensus on meeting invites and Microsoft Bookings to coordinate sign-ups for interview feedback sessions. Royal Oak 27-28 18 City of Atlantic Beach Proposal - Munivate RFP -24-03 Munivate uses Microsoft SharePoint to manage the project schedule, documents, action items, project hours, decisions, business processes, and diagrams. Page 67 of 134 ZOOM Agenda Item #8.B. 24 Jun 2024 Communication Project team communication occurs primarily using email, phone, in-person meetings, and occasionally Microsoft Teams or Zoom sessions. RAID Risks, Actions, Issues, and Decisions are managed in the custom project SharePoint site. A Kanban -style board is utilized to track actions through their lifecycle. • s i 19 City of Atlantic Beach Proposal - Munivate RFP -24-O3 Page 68 of 134 Agenda Item #8.B. 24 Jun 2024 Other Tools Process models/maps are designed in Lucid Charts and are finked to Microsoft 5harePoint for quick stakeholder access. (47 Royal Oak rl•• ❑000❑ oaoa❑ ooaaD avoe: 1• •titm - C Process Maps MORONISM City of Atlantic Beach Proposal — Munivate RFP -24.03 Page 69 of 134 Remote Access (if needed) is performed using TeamViewer. Munivate carries required licenses and does not require the client to purchase any themselves. Secure sessions are easily initiated from the Munivate website. ur MuniVate O a r • 3.,3. Mange,. _,et swn«s re?, Ilarnaleconstol TeamViewer -. r.,....,w .a- n • fit .... a vr..r. _.... 21 City of Atlantic Beach Proposal — Munivate RFP -24-03 Agenda Item #8.B. 24 Jun 2024 Page 70 of 134 Microsoft PowerBi is used to model data and provide insight through visualizations. Below are some examples we created which pull live data from BS&A's .Net ERP Software: Management Dashboard for Permits and Inspections emits AapI cations • .4 r, . . Errvei'i 11 F-'acand• NOW .111.2 /agv9a,p.,grr11 lawma4a hp. 11+.05r.0 N lrlAsv ilE TAYIr1ll dGl131V6 V31:131-01:90 112L711EEMili1N! dfYI'LL AMMO! 9ULZE19 SSw+E. *' 'W 1 DIMAL.I. iLNdMO Fe:a 4.) 112'2 N1kglnlq •L4dl EaE L MP -WA •124: Pc Mandro R] I M 4no+u1 91.11.914. P2^A.6T. 11250 wLrawaa MAL M*a 9217•7 E Nona 11C Y NAL +ave! "AVM ]1%.1 00O, ,12x2 1.140•. :90fa1n Arwood WEp.0 X•Rei •• 2a: IJ.hf.AO !1w6LYh 9sb-rs[ llllf/YG Pt1i{3)01 rnspecGon Insgsth 4.90M J L rlsal..a Km.. a a... . • 0 • )I$ —.rr. • • � • • u. 1 22 City of Atlantic Beach Proposal — Munivate RFP -24-03 Agenda Item #8.B. 24 Jun 2024 Page 71 of 134 2.3 Agenda Item #8.B. 24 Jun 2024 Schedule of Fees Page 72 of 134 Agenda Item #8.B. 24 Jun 2024 Estimation Note: Estimates can vary greatly depending on the extent of the involvement of the consultant resources during scheduled BS&A-ran activities. The estimates provided assume a project lifespan of around 16 months and the consultant being present for most, if not all, BS&A activities in addition to the main project activities. It also assumes heavy involvement in activities that are traditional city responsibilities such as data review and validation. It assumes that work requiring interaction with city staff would be performed onsite. Reduction to this scope of involvement would naturally reduce the estimates provided. Our approach is to provide estimates assuming the most amount involvement from the start. Given our unique experience with BS&A and our ability to provide a deeper level of involvement into configuration and other activities prior to BS&A's implementation specialists involvement, we anticipate the city leveraging that experience to accelerate some of the work in the applications to create a system which takes advantage of more of the advanced functionality than a standard implementation might. This is reflected in the estimates as well. We offer services on an hourly basis. While a total estimate is provided, only hours used/accrued are billed. A portion of travel may be billed in advance immediately. Purpose Estimated Rate Qty Estimated Cost Services Travel 448 (Hours) 15 (trips) 185 2.375 $82,880 35,625 Hourly rates for services beyond the estimates provided: Role Rate Senior Consultant Data Scientist 5185 5185 The proposed billing schedule is as follows unless otherwise stated in the City's contract or amended via change order: Invoice Date Amount Billed Monthly Accrued Amount 74 City of Atlantic Beach Proposal — Munivate RFP -24-03 Page 73 of 134 Agenda Item #8.B. 24 Jun 2024 RFP 24-03 SIGNATURE SHEET Proposer: Kevin Keyes Firm: Munivate LLC Address: 11242 N Meridian Rd., Pleasant Lake, MI 49272 Telephone Number: 517-614-3643 ADDENDUM ACKNOWLEDGEMENT The proposer shall acknowledge obtaining all addenda issued to this formal solicitation from the City's web site by completing the blocks below. Failure to acknowledge all addenda may be cause for rejection of the bid response. Addendum No. No. 01 with Attach A and B Date Issued: May 16th, 2024 Addendum No. Date Issued: Addendum No. Date Issued: Addendum No. Date Issued: AUTHORIZED SIGNATURE: TITLE: (print/type name as signed above): DATE: 131 v Fo�iiier Kevin J Keyes 05-17-2024 Page 74 of 134 Agenda Item #8.B. 24 Jun 2024 DRUG-FREE WORKPLACE CERTIFICATION Section 287.087, Florida Statues, effective January 1, 1991, specifies that preference must be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace. This requirement affects all public entities of the State and is as follows: IDENTICAL TIE BIDS - Preference shall be given to business with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ofa controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurrence in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. ) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQJREMENTS. 05-17-2024 - VENDOR'S SIGNATURE DATE 14IP Page 75 of 134 Agenda Item #8.B. 24 Jun 2024 PUBLIC ENTITY CRIMES SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the City of Atlantic Beach by Kevin Keyes. Founder (print individual's name and title) for Munivate, LLC (print name of entity submitting sworn statement) whose business address is 11242 N Meridian Rd., Pleasant Lake, MI 49272 and (if applicable) its Federal Employer Identification Number (FEIN) is87-2875104 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United Stales, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 1. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(6), Florida Statutes, means a finding f guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners. shareholders, employees, members, and agents who are active in the interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers. directors, executives, partners, shareholders. employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) itNeither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, -mployees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been harged with and convicted of a public entity crime subsequent of July 1, 1989. is! Page 76 of 134 Agenda Item #8.B. 24 Jun 2024 IThe entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, tnployees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged /ith and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CH ,NGE IN THE INFORMATION CONTAINED IN THIS FORM. (signature -1g S (7- )7 (date) STATE OF e, COUNTY OF �CL5o _ PERSONALLY APPEARED BEFORE ME, the undersigned authority, � 1 Pi 3 4SES who, after first being sworn by me, affixed (name of individual signing) his/her signature in the space provided a• • •n this I-1 Q y '( , 20 O RYP[. My commission ANY , ��C. AoAS Wendy K ulver Notary Public of Michigan Jackson County Expires 12/1 02 Acting in the County r4 161 a Page 77 of 134 Agenda Item #8.B. 24 Jun 2024 NON -COLLUSION AFFIDAVIT OF PRIME RESPONDENT STATE OF'(YTt DC7 L COUNTY OF .�NI , being duly sworn, deposes and says that: (1) He/she is Founder of Munivate LLC Title Firm/Company the respondent that has submitted the attached response. (2) He/she is fully informed respecting the preparation and contents of the attached solicitation and of all pertinent circumstances respecting such solicitation. (3) Such solicitation is genuine and is not a collusive or sham solicitation. (4) Neither the said respondent nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other respondent, firm or person, to submit a collusive or sham response in connection with the Agreement for which the attached response has been submitted or to refrain from bidding in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other responder, firm or person to fix the price or prices in the attached solicitation or of any other respondent, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other responder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Atlantic Beach, Florida, or any person interested in the proposed Agreement. (5) The price or prices quoted in the attached response are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties of interest, including affiant. (Signed) / .. _ tel/ The foregoing instrument was acknowledged before me this 1-\11 day of NOTARY PU Wendy K utver Notary Public of Michigan Jackson County Expires 12/11g8 Acting in the County oft 2 by , who is personally known to me or who has produced as identification and who did /did not take an oath. Page 78 of 134 Agenda Item #8.B. 24 Jun 2024 PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July I, 2016 per Chapter 2016-20, Laws of Florida Section 119.0701. Public Records (a) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT DONNA BARTLE, THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS AT (904) 247-5809, DBARTLIE i'COAB.US, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233. (b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records laws, specifically to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract the contractor shall destroy any duplicate public records that are exempt or confidential and exempt for public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract. the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. (c) Failure to provide the public records to the public agency within a reasonable time may subject the contractor to penalties under s. 119.10 and s. I 19.0701(4), Florida Statutes. Note: Section (a) above must be in at least 14 point boldfaced type Public Records Provisions. Page 1 Page 79 of 134 t'UBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1.2016 per Chapter 2016-20, Laws of Florida This is to confirm that we have received the Public Records Provisions Signed: C� Munivate LLC Company: E -Mail: kkeyes@munivate.com Public Records Provisions. Page 2 Print: Kevin Keyes Phone: Date: 517-614-3643 05-17-2024 Agenda Item #8.B. 24 Jun 2024 Page 80 of 134 CHAPTER 2016-20 Committee Substitute for House Bill No. 273 An act relating to public records; amending s. 119.0701, F.S.; requiring a public agency contract for services to include a statement providing the contact information of the public agency's custodian of public records; prescribing the form of the statement; revising required provisions in a public agency contract for services regarding a contractor's compliance with public records laws; requiring a public records request relating to records for a public agency's contract for services to be made directly to the public agency; requiring a contractor to provide requested records to the public agency or allow inspection or copying of requested records under specified circumstances; providing penalties; specifying circumstances under which a court must award the reasonable costs of enforcement against a contractor; specifying what constitutes sufficient notice; providing that a contractor who takes certain actions is not liable for the reasonable costs of enforcement; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 119.0701, Florida Statutes, is amended to read: 119.0701 Contracts; public records: request for contractor records: civil action.— (1) DEFINITIONS.—For purposes of this section, the term: (a) "Contractor" means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under s. 119.011(2). (b) "Public agency" means a state, county, district, authority, or municipal officer, or department, division, board, bureau, commission, or other separate unit of government created or established by law. (2) CONTRACT REQUIREMENTS.—In addition to other contract requirements provided by law, each public agency contract for services entered into or amended on or after July 1. 2016. must include; (a) The following statement_ in substantially the following, form. identi- fvina the contact information of the public agency's custodian of public records in at least 14 -point boldfaced tvne: IF THE CONTRACTOR HAYS QUESTIONS REGARDING THE_APPLICA- TION OF CHAPTER 119. FLORIDA STATUTES. TO THE CONTRAC- TOR_S DUTY TO EROV1QFi PLTEL,IQ RECORDS RELATING TO THI$ CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT ... (telephone number. e-mail address. and mailing address).... 1 CODING: Words stricken are deletions; words u_nderlingd are additions. Agenda Item #8.B. 24 Jun 2024 Page 81 of 134 Ch. 2016-20 LAWS OF FLORIDA Ch. 2016-20 (b) A provision that requires the contractor to comply with public records laws, specifically to: _1_,(-a) Keep and maintain public records that -ordinarily e.al necessarily would-be required by the public agency in -order to perform the service. 2-(b3 Unon reauest from the public agency's custodian of public records. provide the public agency with a cony of the requested records or allow the aeeess-tupuhlie records to be inspected or copied within a reasonable time en _ the Iv:Ali= reeerds-and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3.(e) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4.(44 Upon completion of the contract. - - retain' ing-publie-reeords-and transfer, at no cost, to the public agency all public records in possession of the contractor or keen and maintain public records_requireA_by_the_public agericyto perform the service. If the contractor transfers all public records to the public agen y upon completion of the contract. the contractor shall - - destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract. the contractor shall meet all applicablereauirements for retaining public records. All records stored electronically must be provided to the public agency. upon reauest from the public agency's custodian of public records. in a format that is compatible with the information technology systems of the public agency. (3) REQUEST FOR RECORDS: NONCOMPLIANCE.— (a) A reauest to inspect or cony public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the reouested records. the public agency shall immediately notify the contractor of the reauest. and the contractor must provide the re_cc •ds to th,e pubbls agency_or allow the records to be inspected or copied within a reasonable time. 112)0) If a contractor does not comply with the a public agency's r-eeerds request for records, the public agency shall enforce the contract provisions in accordance with the contract. (c) A contractor who fails to provide the public records to the public agency within a reasonable timemay_be subject is penalties u gr X119.10. (4j CIVIL ACTjON,.- 2 CODING: Words strieken are deletions; words undarlin d are additions. Agenda Item #8.B. 24 Jun 2024 Page 82 of 134 Ch. 2016-20 LAWS OF FLORIDA Ch. 2016-20 () If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services. the court shall assess and award against the contractor the reasonable costs of enforcement. including reasonable attorney fees. if: 1, The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time: and 2. At least 8 business days before filing the action, the plaintiff provided writter_nntige_gf regords re_q.ue§t irl ladWg a statemertthat the contractor has not comnlied with the reauest. to the public agency and to the contractor. L) A notice comnlies with subparagranh (a)2. if it is sent to the public agency's custodian of pnblic records and to the contractor at the contractor's address listed on its contract with the public ag pcv or to the contractor's registered agent, Such notices must be sent by cocoon carrier delivery service or by registered. Global Express Guaranteed. or cedified mail. with postage or shipping paid by the sender and with evidence of delivery. which may be in an electronic format. (c) A contractor whg complies with a public records request within 8 Business days after the notice is sent is not liable for the reasonable costs of gnforcement. Section 2. This act shall take effect upon becoming a law. Approved by the Governor March 8, 2016. Filed in Office Secretary of State March 8, 2016. 3 CODING: Words stricken are deletions; words and r ined are additions. Agenda Item #8.B. 24 Jun 2024 Page 83 of 134 Form w-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/Form W9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Kevin J Keyes 2 Business name/disregarded entity name, if different from above Munivate LLC Agenda Item #8.B. 24 Jun 2024 Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 47, following seven boxes. cti o_ 0 8.0 v o � c a. V is disregarded from the owner should check the appropriate box for the tax classification of its owner. m 0 Other (see instructions) ► _ (n 5 Address (number, street, and apt. or suite no.) See instructions. 08 11242 N Meridian Rd O Individual/sole proprietor or single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC i5 another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that 0 C Corporation 0 S Corporation 0 Partnership 0 Trust/estate 8 City, state, and ZIP code Pleasant Lake, MI 49272 -7—List account numbers) here (optional) 4 Exemptions (codes appry only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Amain arraxasnri,mi,ed o,mde the us.) Requester's name and address (optional) Part 1 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid 1 Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or 1 4 Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 0 Part II Certification r8111 _I2I8I7I5 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) 1 am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that i am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of Here 1 U.S. person )' General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (11N) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information retum the amount paid to you, or other amount reportable on an information return. Examples of information retums include, but are not limited to, the following. • Form 1099 -INT (interest eamed or paid) Oats ► • Form 1099 -DIV (dividends, including those from stocklor mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Page 84 of 134 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5880 FAX: (904) 247-5819 W W W.COAB.US New Vendor Information Request Form Please complete and return with all other bid documents Munivate LLC Vendor Name (as it should appear on Purchase Orders and Check Payments) 11242 N Meridian Rd., Pleasant Lake, MI 49272 Remit To Address Physical Address (if different from remittance) Company Phone: 517-614-3643 Company Website: Company Fax: www.munivate.com Point Of Contact Information: Name: E -Mail Address: Phone: Fax: Kevin Keyes kkeyes@imunivate.com 517-614-3643 None None Should Purchase Orders be faxed or e-mailed? Provide correct information for either choice. Emailed Agenda Item #8.B. 24 Jun 2024 Page 85 of 134 z w w w 0 Project Name: 1 Project No.: _ E -VERIFY FORM IImplementation Services of City Selected ERP System RFP -24-03 Agenda Item #8.B. 24 Jun 2024 Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E -verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Atlantic Beach, Florida; and c) Should vendor become successful Contractor awarded for the above-named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. o Company Name: Authorized Signature: 2 Print Name: z 16 Title o Date: U Phone: 31 Email: I Website: v. December 2020 Munivate LLC Kevin pie - Founder 05-17-2024 517-614-3643 kkeyes@munivate.com www.munivate.com Page 86 of 134 Agenda Item #8.B. 24 Jun 2024 E -VERIFY 1) Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. 2) Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E -verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Atlantic Beach, Florida; and c) By entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. v. December 2020 Page 87 of 134 Agenda Item #8.B. 24 Jun 2024 ANTI -KICKBACK AFFIDAVIT I the undersigned hereby duly sworn, depose and say that no portion of the sum herein response will be paid to any employee of the City of Atlantic Beach as a commission, kickback. reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. STATE OF I1,(4Kft A IYVAK-14114 COUNTY OF JPte.i(_Sbn( By (Signature of Affiant) worn to (pr affirmed) and subscribed before me this'tk. Wendy K ulver Notary Public of Michigan Jackson County Expires t2/1 Acting in the County of ��,�GsQ�( (stamp) 20'Lby_ Signature of Not. blic State of 1c t; .ia Y'r . tcitvid Personally known OR Produced identification 4-�L Type of Identification Produced LI— - nbi-4,C4,S 441 SATE OC- mlcA)6A i Page 1 of 1 Page 88 of 134 Executed this J Conflict Affidavit day ofk . 20 R. By STATE OF ( 441Alt!) ) COUNTY OF ( 1Notsdi e, w ) Agenda Item #8.B. 24 Jun 2024 r.) By 1••e-- / 2 r91 J. 1 ✓ (Name and Title) The foregoing instrument was acknowledged before me by means of / physical presence or online notarization this I g day of A409 , (Name of Officer or Agent), as 1, s —k (Title of Officer or Agent) of ars (Name of Corporation Acknowledging) a 174 r, corporation (State or Place of Incorporation), on behalf of the corporation. He/She is personally know to me or / has produced a driver's license issued within the past 5 years as identification. NOTARY PUBLIC SEAL Page 2 of 2 Notary Public, State of 44 ch y n I ak4 Pd- Lam„ Printed, Typed of Stan ed Name of Notary Public TANNER LINDSAY — — N� Notary Public • State of Michigan County of Livingston My Commission Expires Jun 7} 2030 11 Acting in the County of foloAi Page 89 of 134 Conflict Affidavit STATE OF ( ['LT' COUNTY OF ( 'lio-- 5v v... Agenda Item #8.B. 24 Jun 2024 I, the undersigned, being first duly sworn, do hereby state under oath and under penalty of perjury that the following facts are true: 1. I am over the age of 18 and am a resident of the State of I 2. I am the yuna-kv- (title) of /y` LfV..• (name of firm) and I certify that I have the authority to make the representations set forth within this Aftidavit. 3. /L1 v ,k C CG_ (firm name) intends to do business with the City of Atlantic Beach in response to: p RFB t/ RFP RFQ: _ R N L -,)`1-63 (# and title of solicitation) whereby business will be awarded under a system of sealed, competitive bidding to the lowest or best bidder. 4. I have reviewed Section 112. 313(3) and (7), Florida Statutes; and pursuant to the provisions therein, LLC (firm name) doing business with [Local Government name] leDOES NOT impact any public officer or employee of City of Atlantic Beach; or DOES IMPACT a public officer or employee of City of Atlantic Beach. (Public Officer/Employee Name: 1; and 5. In compliance with Section 112.313(2), Florida Statutes, the impacted public officer or employee of City of Atlantic Beach, prior to the submission of this bid, has filed a statement with Supervisor of Elections of Duval County, disclosing their interest, or the interest of their spouse or child, and the nature of the intended business, as set forth in Florida Commission on Ethics Form 3A, https: //www.ethics. state. fl. us/Documents/Forms/Form3A.pdf?cp=202058 Page 1 of 2 Page 90 of 134 Agenda Item #8.B. 24 Jun 2024 EQUAL OPPORTUNITY STATEMENT ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub -Contractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a sub -Contractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Firm Name: Name of Authorized Official: Title of Authorized Official: Signature of Authorized Official: Date: Page 2 of 2 Munivate LLC Kevin Keyes Founder 05-17-2024 Page 91 of 134 Agenda Item #8.B. 24 Jun 2024 EQUAL OPPORTUNITY STATEMENT The Respondent (Bidder) shall complete the following statement by signing this form where indicated. Failure to complete this form may be grounds for rejection of bid: 1. The awarded Contractor shall comply with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as amended) prohibiting employment discrimination and shall comply with the regulations and guidelines promulgated pursuant to this Act by the Secretary of the Interior and the Heritage Conservation and Recreation Service. 2. During the performance of this contract, the awarded Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 3. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 4. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 5. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 6. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 7. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 8. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared Page 1 of 2 Page 92 of 134 Agenda Item #8.B. 24 Jun 2024 DATE (MMIDD/YYVY) AC_ f�ltC7i` CERTIFICATE OF LIABILITY INSURANCE 05/17/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT NAME: RICHMOND AGENCY INC PHONE (517) 788-9130 81150271 INC, No, Ext): 833 LAURENCE AVE I E-MAIL ADDRESS: JACKSON M149204 INSURED MUNIVATE LLC 11242 N MERIDIAN RD PLEASANT LAKE MI 49272-9734 INSURER(S) AFFORDING COVERAGE INSURER A: Hartford Underwriters Insurance Company INSURER a: Hartford Fire Insurance Company IINSURER C : IINSURER!): INSURER E : INSURER F : FAX (AIC, No): NAIL# 30104 19682 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED -NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN EDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER' POUCY NUMBER POLICY EFF - POLICY EXP LIMITS 1 TR RISK VIVO IMM/OOIYYTYS IMMITIrr YYn COMMERCIAL GENERAL LIABILITY' EACH OCCURRENCE /CLAIMS-MADEI ) X IOCCUR X General Liability A 81 SBA AN5SJM GEN'L AGGREGATE LIMIT APPLIES PER: A A )( POLICY PRO I I LOC JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA UAB X OCCUR EXCESS LIAB CLAIMS - MADE 3E0) I RETENTION $ 10,000 Wdrik '/APENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under OFSCRIPTION OF OPERATIONS 17010W B FailSafe Technology Errors or Omissions Liability DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACIL D 101, Additional Remarks Sc,ledule, may be attached N mare space is required) YIN pNIA 81 SBA AN5SJM 10/01/2023 10/01/2024 DAMAGE TO RENTED PREMISES rFa o o ,mncnl MED EXP (My one Pin) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS- COMP/OP AGG COMBINED SINGLE LIMIT IFa, ibn11 BODILY INJURY (Per person) 10/01/2023 10/01/2024 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 81 SBA AN5SJM 10/01/2023 10/01/2024 81 SBA AN5SJM 10/01/2023 10/01/2024 EACH OCCURRENCE AGGREGATE /PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000,000 $1,000,0001 $10,0001 $1,000,0001 $2,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 Each Wrongful Act $1,000,0001 Aggregate Limit $2,000,000 Those usual to the Insured's Operations. CERTIFICATE HOLDER For Informational Purposes 11242 N MERIDIAN RD PLEASANT LAKE MI 49272-9734 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CS'�-w� off' Caa� © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 93 of 134 SUBCONTRACTOR PARTICIPATION SCHEDULE X Place an "X" here if Subcontractors will not be utilized for this project Agenda Item #8.B. 24 Jun 2024 Name of Contractor/Consultant: Solicitation Title: [Should be filled in by LG] Solicitation Number: [Should be filled in by LGI Submission Deadline Date: 'Should be filled in by LG I Total Bid An ount: Subcontractor Name Minority Code Scope of Dollar Percent of Certifying Agency Work to be Value Total Bid Subcontracted Amount Minorit\ Code Code Descrintion Minority Code Code Description AA African American W Woman A Asian/Pacific Islander SDVBE Service Disabled H Hispanic LSBE Local Small Business Enterprise Total Dollar Value Percentage of Total Bid Amount Total Minority Participation The Proposer, , will enter into a formal agreement with the Subcontractors identified herein for work listed in this schedule conditioned upon execution of a contract with [Local Government Name]. I declare that I have read the terms and conditions of the solicitation and the statement in this bid submission are true to the best of my knowledge. Signature: Print Name: 14/.‹. rl , k r re Date: (1— d Title: 1r:::1,Lot Page 94 of 134 Agenda Item #8.B. 24 Jun 2024 VENDOR CERTIFICATION REGARDING DISCRIMINATORY VENDOR LISTS Respondent Vendor Name: Munivate LLC Vendor FEIN: 87-2875104 Vendor's Authorized Representative Name and Title: Founder Physical Address: 11242 N Meridian Rd City, State, Zip: Pleasant Lake MI 49272 Mailing Address (if different from physical address): City, State, Zip: Pleasant Lake MI 49272 Phone Number: 517-614-3643 E-mail Address:kkeves(ci;munivate.com Section 287.134(3)(d), Florida Statutes, prohibits an entity or affiliate who has been placed on the discriminatory vendor list may not submit a hid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair ofa public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S. Section 287.135(2)(a), Florida Statutes, prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.235(2)(b), Florida Statutes, further prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods and services over one million dollars ($1,000,000) if, at the time of contracting or renewal, the company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, both created pursuant to section 215.473, Florida Statutes, or the company is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled "Respondent Vendor Name" is not listed on either the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject such company to civil penalties, attorney's fees, and/or costs and termination of the Contract at the option of the awarding governmental entity. Page 95 of 134 Certified By: VENDOR CERTIFICATION REGARDING DISCRIMINATORY VENDOR LISTS o` is authori ed to sign on behalf of the above referenced company. Kevin Keyes, Munivate Print Name and Title 05-17-2024 Date Agenda Item #8.B. 24 Jun 2024 Page 96 of 134 IMPLEMENTATION OF CITY SELECTED ENTERPRISE RESOURCE PLANNING SOFTWARE RFP 24-03 Aa5 roc �r`43`e c`�y , re EVALUATOR NO. 01 WEIGHT: 20% 20% 20°/30% 10% TOTAL SCORE RESPONDENTS BerryDunn NO SUBMITTAL 0% Creative Planning 13% 14% 12% 15% 5% 59% Data Climb 15% 12% 12% 20% 5% 64% MuniVate 14% 12% 12% 30% 5% 73% Plante Moran 0% 18% 18% 15% 5% 56% FIRM Avg. Score Ranking 1 [Creative Plannin i 64% 41 'Data Climb 73% 31 MuniVate 83% 13 Plante Moran 73% 3 VET Jo L6 abed 20% cQ' r Q EVALUATOR No. 02 20% 20% 30% 10% TOTAL 20 SCORE NO SUBMITTAL 15% 16% 12% 17% 18% 16% 16% 19% 15% 18% 19% 17% g. oit a 1e` �� o EVALUATOR NO. 03 20% 20% 30% 10% TOTAL SCORE 0% NO SUBMITTAL 0% 21% 5% 69% 15% 15% 15% 13% 5% 63% 23% 6% 80% 18% 17% 15% 18% 8% 76% 28% 7% 85% 18% 20% 20% 28% 5% 91% 20% 8% 82% 20% 18% 18% 20% 5% 81% Page 98 of 134 Agenda Item #9.A. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ord. No. 31-24-17 First Reading Public Hearing Request for amendments to the City's Comprehensive Plan, including general corrections, adding demographic information, adding a property rights element, updating the Capital Improvement Plan, and updating maps. SUBMITTED BY: Amanda Askew, Director of Planning, Community Development & Building DATE: June 12, 2024 BACKGROUND: State statutes require each local government to evaluate its Comprehensive Plan at least once every 7 years to determine if plan amendments are necessary to reflect changes in state requirements and/or local conditions in a process called the Evaluation and Appraisal Report (EAR). City staff has been working on updating the City's Comprehensive Plan for a couple of years to meet the 2024 EAR deadline. Updates include general updates/corrections throughout; new demographic & ecosystem information; new property rights element (state mandated); updated Capital Improvement Plan; and updated maps. This hearing is known as the "transmittal stage" where the Commission authorizes city staff to submit the EAR -based amendments to the State's Department of Commerce and various other entities for review and comment. Comments will be returned to the City and staff will make changes as necessary. At that time the Comprehensive Plan will be brought back to the Commission for adoption. The Community Development Board considered this item as required by the State in their role as the City's Local Planning Agency at their May 21, 2024, meeting. The Board recommended approval of the Comprehensive Plan amendments. BUDGET: None. RECOMMENDATION: To hold a public hearing and approve Ordinance No. 31-24-17 on first reading directing staff to transmit the proposed EAR -based amendments for State coordinated review process. ATTACHMENTS: Ord. No. 31-24-17 LINKS: Draft 2045 Comprehensive REVIEWED BY CITY MANAGER: tp-\_ Page 99 of 134 Agenda Item #9.A. 24 Jun 2024 ORDINANCE NO. 31-24-17 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, TRANSMITTING PROPOSED EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN AND ALSO TRANSMITTING A NEW MAP SERIES TO THE STATE OF FLORIDA'S VARIOUS AGENCIES FOR REVIEW AND COMMENT; PROVIDING FOR ADOPTION OF SAID EAR -BASED AMENDMENTS AND NEW MAP SERIES UPON RECEIPT OF SAID COMMENTS AND COMPLETION OF THE STATE COORDINATED REVIEW PROCESS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.3161-163.3215, Florida Statutes, empowers and requires the City Commission for the City of Atlantic Beach, Florida to prepare, implement and enforce Comprehensive Plans and Land Development Regulations for the regulation of development within the City; and WHEREAS, Section 163.3177(6), Florida Statutes, requires the City to adopt a Property Rights Element in the Comprehensive Plan. WHEREAS, Section163.3184, Florida Statutes, establishes the process for the amendment and adoption of the Comprehensive Plan or amendments thereto; and WHEREAS, Sections 163.3184 and 163.3191, Florida Statutes, provides for the amendment of the Comprehensive Plan to implement the recommendations of the Evaluation and Appraisal Report, commonly referred to as EAR -based amendments; and WHEREAS, the Community Development Board, as the Local Planning Agency, held a duly noticed public hearing on these amendments, reviewed and considered all comments received and made its recommendation to transmit these amendments to the City Commission; and WHEREAS, after required notice was published and public hearings were held in accordance with Section 163.3184(11), Florida Statutes and Section 24-51 of the City of Atlantic Beach Code of Ordinances, the City Commission now desires to transmit these EAR -based amendments to the City's 2045 Comprehensive Plan through the State Coordinated Review Process; and WHEREAS, upon receipt and consideration of comments, the state report and completion of the State Coordinated Review Process and making such revisions to the EAR -based amendments as are deemed appropriate, the City Commission desires to approve and adopt the amendments. Page 1 of 3 Page 100 of 134 Agenda Item #9.A. 24 Jun 2024 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Transmittal Authorized. Pursuant to Sections 163.3184 and 163.3191, Florida Statutes, the Commission hereby approves for transmittal to the Florida Department of Commerce, the Northeast Florida Regional Council, the St. Johns River Water Management District, the Florida Department of Environmental Protection, the Florida Department of State, the Florida Department of Transportation and the City of Jacksonville for their review and comment, the proposed EAR -based amendments, consisting of changes to the text and maps of the City's 2030 Comprehensive Plan, as more particularly described in that certain set of documents entitled "Proposed 2024 EAR -based Amendments for State Coordinated Review Process" dated June, 2024, on file at the City's Planning and Community Development Department. SECTION 2. Adoption of EAR -based Amendments. Having received and considered the comments and State report and completed the State Coordinated Review Process in accordance with Section 163.3184, Florida Statutes, and having revised the initial set of EAR -based amendments as deemed appropriate and held duly noticed and required public hearings, the City Commission hereby approves and adopts the EAR -based amendments, consisting of changes to the Goals, Policies and Objectives of the 2030 Comprehensive Plan and a revised map series, said EAR -based amendments more particularly described in that certain set of documents entitled "Adopted EAR -based Amendments" dated October 2024 and on file at the City's Planning and Community Development Department. The City Comprehensive Plan as amended therein shall hereafter be known as the 2045 Comprehensive Plan. SECTION 3. Purpose and Intent. The purpose and intent of this Ordinance is to carry out the adoption procedures set forth in the Community Planning Act, Sections 163.3161 through 163.3248, Florida Statutes, Chapter 166, Florida Statutes, as amended, and the City's Code of Ordinances, for amendment of the City's Comprehensive Plan, in order to preserve and enhance the orderly growth of the City, encourage the most appropriate use of land, water and resources consistent with the public interest, overcome present deficiencies and effectively address future problems which may result from the use and development of land within the City of Atlantic Beach. SECTION 4. Effective Date of Plan Amendment. Unless timely challenged, the 2045 Comprehensive Plan adopted herein shall go into effect pursuant to the Florida Department of Commerce's Notice of Intent, issued and published by the Department of Commerce, in accordance with Section 163.3184, Florida Statutes. SECTION 5. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 6. Severabilitv. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. Page 2 of 3 Page 101 of 134 SECTION 7. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this day of 2024. PASSED by the City Commission on second and final reading this day of , 2024. CITY OF ATLANTIC BEACH Curtis Ford, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason Gabriel, City Attorney Agenda Item #9.A. 24 Jun 2024 Page 3 of 3 Page 102 of 134 Agenda Item #9.B. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance Nos. 33-24-25, 33-24-26, 33-24-27, 33-24-28, 33-24-29 and 33-24-30 proposing amending the Charter of the City of Atlantic Beach; submitting the amendments to the Charter for consideration by the electors; and providing for the appearance of the Charter Amendments on the ballot. (�' SUBMITTED BY: Donna L. Bartle, City Clerk P��od TODAY'S DATE: June 18, 2024 MEETING DATE: June 24, 2024 BACKGROUND: On Jan. 23, 2023, the City Commission established the Charter Review Committee by Resolution No. 23-02 to conduct a comprehensive review of the City Charter. The Committee held public meetings, received public input, and conducted a thorough review of the City Charter. On April 24, 2024, the Charter Review Committee submitted its Final Report, which includes proposed amendments to the City Charter, to the City Commission; and, at a May 20, 2024, joint workshop with the Charter Review Committee, the City Commission agreed by consensus to direct staff to draft a resolution for the Commission's consideration on May 28, 2024. On May 28, 2024, the City Commission adopted Resolution No. 24-28 accepting the Charter Review Committee's Final Report and directing staff to draft ordinances for City Commission consideration moving the Charter Amendment proposals forward. BUDGET: NA RECOMMENDATION: Commission consider app i yj a Ordinance No. 33-24-25. REVIEWED BY CITY MANAGER: ATTACHMENT: Ordinance No. 33-24-25 Page 103 of 134 Agenda Item #9.B. 24 Jun 2024 ORDINANCE NO. 33-24-25 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 6 — POWERS; SUBMITTING THE AMENDMENT TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter Review Committee and from its citizens, finds that the proposed amendment to the City Charter as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic Beach for consideration; and WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale, Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship of William "Bill" Gulliford; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens. NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people of the City of Atlantic Beach, Florida: SECTION 1. Proposed Amendment to Charter. The City Commission of the City of Atlantic Beach, Florida hereby proposes the following amendment to the City Charter: Article II — The Commission Sec. 6 — Qualifications and disqualifications, to modify the number of years that a full-time resident and elector must reside in the City in order to qualify for running for city commission from two (2) years to four (4) years prior to qualifying, all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if approved by the qualified electors of the City, would replace the former provision of Section 6 of the City Charter. SECTION 2. Submission of Charter Amendment to Public Referendum. The amendment to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit A shall be submitted to public referendum at the next general election held in the City of Atlantic Beach, Florida for approval or disapproval by the qualified electors of the City. SECTION 3. Appearance of Charter Amendments on Ballot. a. The ballot title to be used in said election shall be as follows: 54545485v1 Page 104 of 134 Agenda Item #9.B. 24 Jun 2024 PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER MODIFYING THE RESIDENCY REQUIREMENT FOR CITY COMMISSION b. The ballot summary shall be as follows: Shall the qualifications provisions set forth in Section 6 of the Atlantic Beach City Charter be modified to require that a full-time resident and elector seeking to run for city commission must reside in the City of Atlantic Beach for at least four (4) years (instead of two (2) years) prior to qualification, be adopted? Below the summary shall appear the following: YES NO SECTION 4. Effective Date. The proposed amendment to the Charter of the City of Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed with the Florida Department of State as required by law. PASSED by the City Commission on first reading, this day of June, 2024. PASSED by the City Commission on second and final reading, this _ day of July, 2024. CITY OF ATLANTIC BEACH Curtis Ford, Mayor ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason R. Gabriel, City Attorney 2 54545485 vi Page 105 of 134 Agenda Item #9.B. 24 Jun 2024 EXHIBIT A Proposed Amendment to Section 6 of Article II of the City Charter CITY OF ATLANTIC BEACH CHARTER ARTICLE II. — THE COMMISSION Sec. 6. Qualifications and disqualifications. Members of the city commission shall have been full-time residents and electors of the city for at least two four years immediately prior to qualifying. They thc11 kc ...lectors in the city. Full-time residency shall be defined as the person's principal place of abode during the year. Members of the city commission shall not hold any other elective office. Any member of the city commission ceasing to possess the foregoing qualifications or who shall have been convicted of a crime punishable by more than one (1) year of imprisonment or a crime involving moral turpitude, shall forfeit the seat prior to the next meeting of the city commission. Absence from four consecutive regular meetings of the city commission shall operate to vacate the seat of a member, unless the member's absence is excused by the city commission by a resolution setting forth the fact of such excuse duly entered upon the minutes. Words stricken are deletions; words underlined are additions. 3 54545485v1 Page 106 of 134 Agenda Item #9.C. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance Nos. 33-24-25, 33-24-26, 33-24-27, 33-24-28, 33-24-29 and 33-24-30 proposing amending the Charter of the City of Atlantic Beach; submitting the amendments to the Charter for consideration by the electors; and providing for the appearance of the Charter Amendments on the ballot. SUBMITTED BY: Donna L. Bartle, City Clerk P 5(15 TODAY'S DATE: June 18, 2024 MEETING DATE: June 24, 2024 BACKGROUND: On Jan. 23, 2023, the City Commission established the Charter Review Committee by Resolution No. 23-02 to conduct a comprehensive review of the City Charter. The Committee held public meetings, received public input, and conducted a thorough review of the City Charter. On April 24, 2024, the Charter Review Committee submitted its Final Report, which includes proposed amendments to the City Charter, to the City Commission; and, at a May 20, 2024, joint workshop with the Charter Review Committee, the City Commission agreed by consensus to direct staff to draft a resolution for the Commission's consideration on May 28, 2024. On May 28, 2024, the City Commission adopted Resolution No. 24-28 accepting the Charter Review Committee's Final Report and directing staff to draft ordinances for City Commission consideration moving the Charter Amendment proposals forward. BUDGET: NA RECOMMENDATION: Commission consider app ovng Ordinance No. 33-24-26. REVIEWED BY CITY MANAGER: t/.6 ATTACHMENT: Ordinance No. 33-24-26 Page 107 of 134 Agenda Item #9.C. 24 Jun 2024 ORDINANCE NO. 33-24-26 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 9 — POWERS; SUBMITTING THE AMENDMENT TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter Review Committee and from its citizens, finds that the proposed amendment to the City Charter as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic Beach for consideration; and WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale, Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship of William "Bill" Gulliford; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens. NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people of the City of Atlantic Beach, Florida: SECTION 1. Pronosed Amendment to Charter. The City Commission of the City of Atlantic Beach, Florida hereby proposes the following amendment to the City Charter: Article II — The Commission Sec. 9 — Powers, to include a new provision adding the power as permitted by law for the Commission to protect and preserve the City's beaches, marshes, maritime tree canopy and property through environmental stewardship, all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if approved by the qualified electors of the City, would replace the former provision of Section 9 of the City Charter. SECTION 2. Submission of Charter Amendment to Public Referendum. The amendment to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit A shall be submitted to public referendum at the next general election held in the City of Atlantic Beach, Florida for approval or disapproval by the qualified electors of the City. SECTION 3. Appearance of Charter Amendments on Ballot. a. The ballot title to be used in said election shall be as follows: 54545223 v2 Page 108 of 134 Agenda Item #9.C. 24 Jun 2024 PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER ADDING ENVIRONMENTAL STEWARDSHIP TO ITS POWERS b. The ballot summary shall be as follows: Shall the Powers set forth in Section 9 of the Atlantic Beach City Charter be modified to add that the City Commission shall have the authority to, as permitted by law, protect and preserve the City's beaches, marshes, maritime tree canopy, and property through environmental stewardship, be adopted? Below the summary shall appear the following: YES NO SECTION 4. Effective Date. The proposed amendment to the Charter of the City of Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed with the Florida Department of State as required by law. PASSED by the City Commission on first reading, this day of June, 2024. PASSED by the City Commission on second and final reading, this day of July, 2024. CITY OF ATLANTIC BEACH Curtis Ford, Mayor ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason R. Gabriel, City Attorney 2 54545223v2 Page 109 of 134 EXHIBIT A Proposed Amendment to Section 9 of Article II of the City Charter CITY OF ATLANTIC BEACH CHARTER ARTICLE II. — THE COMMISSION *** Sec. 9. Powers. Agenda Item #9.C. 24 Jun 2024 Except as may be otherwise provided in this Charter, all powers of the city and the determination of all matters of policy shall be vested in the city commission. Without limitation of the foregoing, the city commission shall have power to: (1) Adopt a budget; (2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness; (3) Establish or abolish official boards and elect the members thereof as recommended by the mayor; (4) Adopt and modify the official map of the city; (5) Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence or other purposes; (6) Provide for an independent audit; (7) Pass ordinances and laws for the preservation of the public peace and order and impose penalties for the violation thereof; provided that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars ($1,000.00) and imprisonment for a period of time not longer than ninety (90) days, or as otherwise provided for by Florida Statutes; (8) Lease golf courses, hospitals and airports, or any portion thereof, after the city commission has passed an ordinance authorizing any such lease; (9) Sell golf courses and the public utility system, or any portion thereof, now owned by the city or hereafter acquired by it after the city commission has passed an ordinance that: (a) there is a finding that public welfare no longer requires the operation of any such facility; and (b) the terms of sale of real property within the city limits are stated; and (c) after such ordinance has been submitted to the qualified voters of the city at an election called for that purpose; 3 54545223 v2 Page 110 of 134 Agenda Item #9.C. 24 Jun 2024 (10) Provide rules and regulations for all purchases and sales made for and in behalf of the city; (11) Appoint, remove and fix the compensation of all officers and employees appointed by the city commission as hereinafter provided; the city commission shall perform an annual performance review of the city clerk, city manager and city attorney; (12) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provisions of this Charter.; (13) The mayor pro tempore shall be appointed by the city commission from its members; and (14) Provide for the protection and preservation of parks as follow: Any real property owned by the city which is used principally or held out for use as a public park, shall be used only as a public park; and parks shall not be sold, leased long term, gifted, changed in description or use, or otherwise disposed of; and no structure shall be built in any such park to accommodate activities not customarily associated with park use or outdoor recreation; unless such sale, lease disposal, gift or structure is approved by unanimous vote of the entire city commission.; and (151 Exercise authority permitted by law for the protection and preservation of beaches., marshes. maritime tree canopv. and property through environmental stewardship. Words ctricken are deletions; words underlined are additions. 4 54545223 v2 Page 111 of 134 Page 112 of 134 Agenda Item #9.D. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance Nos. 33-24-25, 33-24-26, 33-24-27, 33-24-28, 33-24-29 and 33-24-30 proposing amending the Charter of the City of Atlantic Beach; submitting the amendments to the Charter for consideration by the electors; and providing for the appearance of the Charter Amendments on the ballot. SUBMITTED BY: Donna L. Bartle, City Clerk hl* TODAY'S DATE: June 18, 2024 MEETING DATE: June 24, 2024 BACKGROUND: On Jan. 23, 2023, the City Commission established the Charter Review Committee by Resolution No. 23-02 to conduct a comprehensive review of the City Charter. The Committee held public meetings, received public input, and conducted a thorough review of the City Charter. On April 24, 2024, the Charter Review Committee submitted its Final Report, which includes proposed amendments to the City Charter, to the City Commission; and, at a May 20, 2024, joint workshop with the Charter Review Committee, the City Commission agreed by consensus to direct staff to draft a resolution for the Commission's consideration on May 28, 2024. On May 28, 2024, the City Commission adopted Resolution No. 24-28 accepting the Charter Review Committee's Final Report and directing staff to draft ordinances for City Commission consideration moving the Charter Amendment proposals forward. BUDGET: NA RECOMMENDATION: Commission consider a REVIEWED BY CITY MANAGER: v~ ATTACHMENT: Ordinance No. 33-24-27 finance No. 33-24-27. Page 113 of 134 Agenda Item #9.D. 24 Jun 2024 ORDINANCE NO. 33-24-27 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE IV, THE CITY CLERK, SEC. 28 — APPOINTMENT; DUTIES; SUBMITTING THE AMENDMENT TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter Review Committee and from its citizens, finds that the proposed amendment to the City Charter as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic Beach for consideration; and WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale, Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship of William "Bill" Gulliford; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens. NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people of the City of Atlantic Beach, Florida: SECTION 1. Proposed Amendment to Charter. The City Commission of the City of Atlantic Beach, Florida hereby proposes the following amendment to the City Charter: Article IV — The Citv Clerk Sec. 28 — Appointments; duties, to clarify that the city clerk serves as filing officer for city elections (not supervisor of election), all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if approved by the qualified electors of the City, would replace the former provision of Section 28 of the City Charter. SECTION 2. Submission of Charter Amendment to Public Referendum. The amendment to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit A shall be submitted to public referendum at the next general election held in the City of Atlantic Beach, Florida for approval or disapproval by the qualified electors of the City. SECTION 3. Appearance of Charter Amendments on Ballot. a. The ballot title to be used in said election shall be as follows: 54544949 v2 Page 114 of 134 Agenda Item #9.D. 24 Jun 2024 PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER TO CLARIFY CITY CLERK DUTIES b. The ballot summary shall be as follows: Shall the City Clerk duties set forth in Section 28 of the Atlantic Beach City Charter be modified to clarify that the City Clerk serves as the "filing officer" for city elections (and not as the "supervisor of elections"), be adopted? Below the summary shall appear the following: YES NO SECTION 4. Effective Date. The proposed amendment to the Charter of the City of Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed with the Florida Department of State as required by law. PASSED by the City Commission on first reading, this day of June, 2024. PASSED by the City Commission on second and final reading, this day of July, 2024. CITY OF ATLANTIC BEACH Curtis Ford, Mayor ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason R. Gabriel, City Attorney 2 54544949v2 Page 115 of 134 EXHIBIT A Proposed Amendment to Section 28 of Article IV of the City Charter CITY OF ATLANTIC BEACH CHARTER ARTICLE IV. — THE CITY CLERK *** Sec. 28. Appointment; duties. Agenda Item #9.D. 24 Jun 2024 The city commission shall appoint an executive officer to serve the city commission and to assure that all its enactments are effectively carried out. The title of the executive officer shall be "city clerk" and as such, shall be under the direction of and compensated at a rate set by the city commission. The duties of the city clerk shall be to: (1) Establish and maintain a line of communication with the city manager; and (2) Prepare an agenda for every commission meeting and a permanent record of each such meeting; and (3) Disseminate information as necessary about activities, findings, or decisions of the city commission; and (4) Provide the city commission with information as requested about programs of the city government; and (5) Serve as supervisor of election filing, officer for city elections; and (6) Serve as custodian of all city records and the seal of the city; and (7) Administer oaths; and (8) Conduct such other activities as may be specified by this Charter, the city code or the city commission. Words stricken are deletions; words underlined are additions. 3 54544949 v2 Page 116 of 134 Agenda Item #9.E. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance Nos. 33-24-25, 33-24-26, 33-24-27, 33-24-28, 33-24-29 and 33-24-30 proposing amending the Charter of the City of Atlantic Beach; submitting the amendments to the Charter for consideration by the electors; and providing for the appearance of the Charter Amendments on the ballot. SUBMITTED BY: Donna L. Bartle, City Clerk r%'° TODAY'S DATE: June 18, 2024 MEETING DATE: June 24, 2024 BACKGROUND: On Jan. 23, 2023, the City Commission established the Charter Review Committee by Resolution No. 23-02 to conduct a comprehensive review of the City Charter. The Committee held public meetings, received public input, and conducted a thorough review of the City Charter. On April 24, 2024, the Charter Review Committee submitted its Final Report, which includes proposed amendments to the City Charter, to the City Commission; and, at a May 20, 2024, joint workshop with the Charter Review Committee, the City Commission agreed by consensus to direct staff to draft a resolution for the Commission's consideration on May 28, 2024. On May 28, 2024, the City Commission adopted Resolution No. 24-28 accepting the Charter Review Committee's Final Report and directing staff to draft ordinances for City Commission consideration moving the Charter Amendment proposals forward. BUDGET: NA RECOMMENDATION: Commission consider approvplydinance No. 33-24-28. REVIEWED BY CITY MANAGER: 1-'4,—)) ATTACHMENT: Ordinance No. 33-24-28 Page 117 of 134 Agenda Item #9.E. 24 Jun 2024 ORDINANCE NO. 33-24-28 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 9 — POWERS; SUBMITTING THE AMENDMENT TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter Review Committee and from its citizens, finds that the proposed amendment to the City Charter as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic Beach for consideration; and WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale, Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship of William "Bill" Gulliford; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens. NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people of the City of Atlantic Beach, Florida: SECTION 1. Proposed Amendment to Charter. The City Commission of the City of Atlantic Beach, Florida hereby proposes the following amendment to the City Charter: Article II — The Commission Sec. 9 — Powers, to require that the sale or disposition of any City public parks be approved through a referendum vote by the electors of Atlantic Beach (instead of by a unanimous vote of the entire city commission), all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if approved by the qualified electors of the City, would replace the former provision of Section 9 of the City Charter. SECTION 2. Submission of Charter Amendment to Public Referendum. The amendment to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit A shall be submitted to public referendum at the next general election held in the City of Atlantic Beach, Florida for approval or disapproval by the qualified electors of the City. SECTION 3. Appearance of Charter Amendments on Ballot. a. The ballot title to be used in said election shall be as follows: 54544408v2 Page 118 of 134 Agenda Item #9.E. 24 Jun 2024 PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER REQUIRING REFERENDUM FOR THE DISPOSITION OF PARKS b. The ballot summary shall be as follows: Shall the Powers set forth in Section 9 of the Atlantic Beach City Charter be modified to require that the sale or other disposition of public parks within the City be approved only through a referendum vote of the electors (instead of by a unanimous vote of the entire city commission), be adopted? Below the summary shall appear the following: YES NO SECTION 4. Effective Date. The proposed amendment to the Charter of the City of Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed with the Florida Department of State as required by law. PASSED by the City Commission on first reading, this day of June, 2024. PASSED by the City Commission on second and final reading, this day of July, 2024. CITY OF ATLANTIC BEACH Curtis Ford, Mayor ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason R. Gabriel, City Attorney 2 54544408 v2 Page 119 of 134 EXHIBIT A Proposed Amendment to Section 9 of Article II of the City Charter CITY OF ATLANTIC BEACH CHARTER ARTICLE II. — THE COMMISSION *** Sec. 9. Powers. Agenda Item #9.E. 24 Jun 2024 Except as may be otherwise provided in this Charter, all powers of the city and the determination of all matters of policy shall be vested in the city commission. Without limitation of the foregoing, the city commission shall have power to: (1) Adopt a budget; (2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness; (3) Establish or abolish official boards and elect the members thereof as recommended by the mayor; (4) Adopt and modify the official map of the city; (5) Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence or other purposes; (6) Provide for an independent audit; (7) Pass ordinances and laws for the preservation of the public peace and order and impose penalties for the violation thereof; provided that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars ($1,000.00) and imprisonment for a period of time not longer than ninety (90) days, or as otherwise provided for by Florida Statutes; (8) Lease golf courses, hospitals and airports, or any portion thereof, after the city commission has passed an ordinance authorizing any such lease; (9) Sell golf courses and the public utility system, or any portion thereof, now owned by the city or hereafter acquired by it after the city commission has passed an ordinance that: (a) there is a finding that public welfare no longer requires the operation of any such facility; and (b) the terms of sale of real property within the city limits are stated; and (c) after such ordinance has been submitted to the qualified voters of the city at an election called for that purpose; 3 54544408 v2 Page 120 of 134 Agenda Item #9.E. 24 Jun 2024 (10) Provide rules and regulations for all purchases and sales made for and in behalf of the city; (11) Appoint, remove and fix the compensation of all officers and employees appointed by the city commission as hereinafter provided; the city commission shall perform an annual performance review of the city clerk, city manager and city attorney; (12) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provisions of this Charter.-; (13) The mayor pro tempore shall be appointed by the city commission from its members:; and (14) Provide for the protection and preservation of parks as follow: Any real property owned by the city which is used principally or held out for use as a public park, shall be used only as a public park; and parks shall not be sold, leased long term, gifted, changed in description or use, or otherwise disposed of; and no structure shall be built in any such park to accommodate activities not customarily associated with park use or outdoor recreation; unless such sale, lease disposal, gift or structure is approved by- ��tin esien the electors through a referendum vote. Words strieken are deletions; words underlined are additions. 4 54544408 v2 Page 121 of 134 Page 122 of 134 Agenda Item #9.F. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance Nos. 33-24-25, 33-24-26, 33-24-27, 33-24-28, 33-24-29 and 33-24-30 proposing amending the Charter of the City of Atlantic Beach; submitting the amendments to the Charter for consideration by the electors; and providing for the appearance of the Charter Amendments on the ballot. ,,�1, SUBMITTED BY: Donna L. Bartle, City Clerk dS'� TODAY'S DATE: June 18, 2024 MEETING DATE: June 24, 2024 BACKGROUND: On Jan. 23, 2023, the City Commission established the Charter Review Committee by Resolution No. 23-02 to conduct a comprehensive review of the City Charter. The Committee held public meetings, received public input, and conducted a thorough review of the City Charter. On April 24, 2024, the Charter Review Committee submitted its Final Report, which includes proposed amendments to the City Charter, to the City Commission; and, at a May 20, 2024, joint workshop with the Charter Review Committee, the City Commission agreed by consensus to direct staff to draft a resolution for the Commission's consideration on May 28, 2024. On May 28, 2024, the City Commission adopted Resolution No. 24-28 accepting the Charter Review Committee's Final Report and directing staff to draft ordinances for City Commission consideration moving the Charter Amendment proposals forward. BUDGET: NA RECOMMENDATION: Commission consider api o ng Ordinance No. 33-24-29. REVIEWED BY CITY MANAGER: ATTACHMENT: Ordinance No. 33-24-29 Page 123 of 134 Agenda Item #9.F. 24 Jun 2024 ORDINANCE NO. 33-24-29 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 12 — VACANCIES IN THE CITY COMMISSION, SEC. 14 — INDUCTION OF CITY COMMISSION INTO OFFICE; MEETINGS OF THE CITY COMMISSION, ARTICLE IX, ELECTIONS, SEC. 39 — NOMINATIONS, SEC. 40 — ELECTIONS: PRIMARY AND SEC. 41 — ELECTIONS: GENERAL; SUBMITTING THE AMENDMENTS TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENTS ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter Review Committee and from its citizens, finds that the proposed amendments to the City Charter as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic Beach for consideration; and WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale, Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship of William "Bill" Gulliford; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens. NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people of the City of Atlantic Beach, Florida: SECTION 1. Proposed Amendments to Charter. The City Commission of the City of Atlantic Beach, Florida hereby proposes the following amendments to the City Charter: Article II — The Commission Sec. 12 — Vacancies in the city commission, to add reference to "primary" elections as applicable. Sec. 14 — Induction of City Commission into Office — Meetings of City Commission, to clarify that commission members including the mayor begin their terms at the City's first regular commission meeting in December or after the election certification results are determined, whichever is later; and Article IX — Elections Sec. 39 — Nominations, to add references to "primary" elections in addition to "general" as applicable, 54542684 v2 Page 124 of 134 Agenda Item #9.F. 24 Jun 2024 Sec. 40 — Elections: Primary, to add the requirement to hold primary elections if there are more than two candidates running for the same elective office, and Sec. 41 — Elections: General, to provide that general elections for all City Commission seats be determined in the general election unless the seat has been determined in the primary election, all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if approved by the qualified electors of the City, would replace the former provisions of Sections 12, 14, 39, 40 and 41 of the City Charter. SECTION 2. Submission of Charter Amendments to Public Referendum. The amendments to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit A shall be submitted to public referendum at the next general election held in the City of Atlantic Beach, Florida for approval or disapproval by the qualified electors of the City. SECTION 3. Annearance of Charter Amendments on Ballot. a. The ballot title to be used in said election shall be as follows: PROPOSED AMENDMENTS TO THE ATLANTIC BEACH CITY CHARTER TO MODIFY CITY COMMISSION ELECTION PROCEDURES b. The ballot summary shall be as follows: Shall the City Commission election procedures set forth in Sections 40 and 41 of the Atlantic Beach City Charter be modified to add a requirement to hold primary elections when more than two candidates are running for the same Commission seat, and further, that references to "primary" elections, and the timing of newly elected Commissioners taking their seat, be added to Sections 12, 14 and 39 of the Charter, be adopted? Below the summary shall appear the following: YES NO SECTION 4. Effective Date. The proposed amendments to the Charter of the City of Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed with the Florida Department of State as required by law. PASSED by the City Commission on first reading, this day of June, 2024. PASSED by the City Commission on second and final reading, this day of July, 2024. 2 54542684 v2 Page 125 of 134 ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason R. Gabriel, City Attorney 3 54542684 v2 CITY OF ATLANTIC BEACH Curtis Ford, Mayor Agenda Item #9.F. 24 Jun 2024 Page 126 of 134 EXHIBIT A Proposed Amendments to Sections 12 and 14 of Article II, and Sections 39, 40 and 41 of Article IX, of the City Charter CITY OF ATLANTIC BEACH CHARTER ARTICLE II. – THE COMMISSION *** Sec. 12. - Vacancies in the city commission. Agenda Item #9.F. 24 Jun 2024 If any vacancy occurs in the city commission, the city commission shall elect, within fifteen (15) days of the vacancy, by the affirmative votes of not less than three members, an eligible person as defined in Sec. [Section] 6 of this article to fill the vacancy until the next primary or general election. as applicable. *** Sec. 14. - Induction of city commission into office; meetings of the city commission. After each general Following certification of election results, the newly elected city commissioners. including: the mayor. shall assume begin their terms at the City 's first regular commission meeting in December, or if election certification results have not been determined by then. the first regular commission meeting thereafter, whichever is later. the duties of office at the regularly scheduled meeting of the city commission held at thi zm.cxd '.`gra-ila, in November previd xl thatjk: for any contested city :4^r..r:o✓k Geat cannot be certified prior to the meeting to Yi .V:ki cr. rya secend-Men-lty in november, then any newly elected city commissiarara 4'11 a.r a th es of office at t'.' :yes( regularly scheduled meeting of the city commission following receipt of the certified elect»n imilts from the Supervisor of Elections. Until the newly elected city commissioners assume the duties of office, the previous sitting city commissioners shall remain in office. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S. 286.011), all meetings of the city commission shall be open to the public. *** ARTICLE IX. – ELECTIONS *** Sec. 39. - Nominations. 4 54542684 v2 Page 127 of 134 Agenda Item #9.F. 24 Jun 2024 Any elector of the city having the additional qualifications and limitations as set forth in Article II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be only by petition. A petition for this purpose shall be signed by not less than twenty-five (25) qualified electors of the city. The signatures on the nominating petition need not all be subscribed on one paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the presence of the circulator and is the genuine signature of the person whose name it purports to be. Each signer, including the circulator, shall provide his/her place of residence, including the street and number. The form of the nomination petition shall be substantially as follows: "We, the undersigned electors of the City of Atlantic Beach hereby nominate whose residence is for the office of Commissioner, Seat No. to be voted for at the election to be held on the day of A.D., and we individually certify that our names appear on the rolls of registered voters, and that we are qualified to vote for a candidate for the city commission. Name, street, and number address from which last date of registered (if different) signing. (Spaces for signatures and required date) STATEMENT OF CIRCULATOR The undersigned is the circulator of the foregoing paper containing signatures. Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be. SIGNATURE OF CIRCULATOR ADDRESS: Any signature made earlier than forty (40) days prior to the first day of qualifying shall be void. All petitions must be filed with the city clerk no later than 10 days prior to the qualifying period. The qualifying period will begin no later than noon on the 71st day (Monday) prior to the general primary election and will end at noon on the 67th day (Friday) prior the general primary election. as set forth in Section 99.061(21 Florida Statutes. All other qualifying papers shall be filed as one instrument with the city clerk during the qualifying period. The city clerk shall make a record of the exact time at which each petition is filed, and shall take and preserve the name and address of the person by whom it is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in substantially the following form: "ACCEPTANCE OF NOMINATION I hereby accept the nomination for Seat No. on the city commission and agree to serve if elected. SIGNATURE OF CANDIDATE 54542684 v2 It 5 Page 128 of 134 Agenda Item #9.F. 24 Jun 2024 Within two business days after the filing of a nominating petition, the city clerk shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions, such a petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition of each person nominated to be a member of the city commission shall be preserved by the city clerk until the expiration of the term of office for which the candidate has been nominated. Sec. 40. - Elections: Primary. There are n3 reimary When more than two (2) candidates are running for the same elective office, the primary election shall be held only for the municipal offices that have more than two candidates running for the same seat. Such primary election date shall be set in accordance with Section 100.061, Florida. Statutes for that year for each seat on the city commission which shall become vacant in accordance with Sec. 14 of this Charter. If at the primary election, a candidate receives a majority of all votes cast. he or she shall be declared elected of office and his or her name shall not be placed on the ballot in the general election. In the event that a candidate does not receive a majority of all the votes cast in the primary election, then the names of the candidates placing, first and second shall. be placed on the ballot in the general election. Sec. 41. - Elections: General. Beginning with the year 2019 next election after adoption: au :raaucesc office of city corM:lw�cncr shall be held every r"tr. ryttnbered year same day ac fim When two (2) candidates are running for the same elective office, the general election date shall be set according to Section 100.031, Florida Statutes for that year for each seat on the city commission which shall become vacant on the second Mcrrxk..sy k. November, ofthe same y ar, or when the newly elected citye- icsio,'r assume the duties of office in accordance with Sec. 14 of this Charter, unless all vacancies have been determined by the primary election in accordance with Sec. 40 of this Charter. The candidate or nominee receiving the plufaW majority of votes cast for each seat at such general election shall be declared elected. In the event of a tie between two candidates in the general election the candidates shall draw lots in accordance with Florida Statutes to determine the winner. Words stricken are deletions; words underlined are additions. 6 54542684 v2 Page 129 of 134 Page 130 of 134 Agenda Item #9.G. 24 Jun 2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance Nos. 33-24-25, 33-24-26, 33-24-27, 33-24-28, 33-24-29 and 33-24-30 proposing amending the Charter of the City of Atlantic Beach; submitting the amendments to the Charter for consideration by the electors; and providing for the appearance of the Charter Amendments on the ballot. `, �, SUBMITTED BY: Donna L. Bartle, City Clerk A�+v TODAY'S DATE: June 18, 2024 MEETING DATE: June 24, 2024 BACKGROUND: On Jan. 23, 2023, the City Commission established the Charter Review Committee by Resolution No. 23-02 to conduct a comprehensive review of the City Charter. The Committee held public meetings, received public input, and conducted a thorough review of the City Charter. On April 24, 2024, the Charter Review Committee submitted its Final Report, which includes proposed amendments to the City Charter, to the City Commission; and, at a May 20, 2024, joint workshop with the Charter Review Committee, the City Commission agreed by consensus to direct staff to draft a resolution for the Commission's consideration on May 28, 2024. On May 28, 2024, the City Commission adopted Resolution No. 24-28 accepting the Charter Review Committee's Final Report and directing staff to draft ordinances for City Commission consideration moving the Charter Amendment proposals forward. BUDGET: NA RECOMMENDATION: Commission consider appr REVIEWED BY CITY MANAGER: ATTACHMENT: Ordinance No. 33-24-30 finance No. 33-24-30. Page 131 of 134 Agenda Item #9.G. 24 Jun 2024 ORDINANCE NO. 33-24-30 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE XVIII, WHEN ACT TAKES EFFECT AND PERIODIC REVIEW, SEC. 81 — PERIODIC REVIEW; SUBMITTING THE AMENDMENTS TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER AMENDMENTS ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter Review Committee and from its citizens, finds that the proposed amendments to the City Charter as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic Beach for consideration; and WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale, Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship of William "Bill" Gulliford; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens. NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people of the City of Atlantic Beach, Florida: SECTION 1. Proposed Amendments to Charter. The City Commission of the City of Atlantic Beach, Florida hereby proposes the following amendments to the City Charter: Article XVIII — When Act Takes Effect and Periodic Review Sec. 81 — Periodic review, to: (i) clarify that the placement of any charter amendments that are generated through this process are voted on in the general election (rather than the primary election), (ii) change the appointment of the charter review committee to February (rather than January) to allow newly elected Commissioners time to plan, and (iii) change resolution to ordinance since the Commission places amendments on the ballot by ordinance (not resolution), all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if approved by the qualified electors of the City, would replace the former provisions of Section 81 of the City Charter. SECTION 2. Submission of Charter Amendments to Public Referendum. The amendments to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit A shall be submitted to public referendum at the next general election held in the City of Atlantic Beach, Florida for approval or disapproval by the qualified electors of the City. 54557105 v2 Page 132 of 134 Agenda Item #9.G. 24 Jun 2024 SECTION 3. Appearance of Charter Amendments on Ballot. a. The ballot title to be used in said election shall be as follows: PROPOSED AMENDMENTS TO THE ATLANTIC BEACH CITY CHARTER TO MODIFY CHARTER REVIEW COMMITTEE PROCEDURES b. The ballot summary shall be as follows: Shall the City Commission charter review committee procedures set forth in Section 81 of the Atlantic Beach City Charter be modified to clarify that the placement of any charter amendments are voted on in the general election (rather than the primary election), to change the appointment timing of the charter review committee members to February (rather than January), and to change the legislative manner in which the City Commission considers charter amendments from resolution to ordinance, be adopted? Below the summary shall appear the following: YES NO SECTION 4. Effective Date. The proposed amendments to the Charter of the City of Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed with the Florida Department of State as required by law. PASSED by the City Commission on first reading, this day of June, 2024. PASSED by the City Commission on second and final reading, this day of July, 2024. ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason R. Gabriel, City Attorney 2 54557105 v2 CITY OF ATLANTIC BEACH Curtis Ford, Mayor Page 133 of 134 EXHIBIT A Proposed Amendments to Section 81 of Article XVIII of the City Charter CITY OF ATLANTIC BEACH CHARTER ARTICLE XVIII. — WHEN ACT TAKES EFFECT AND PERIODIC REVIEW *** Sec. 81. Periodic review Agenda Item #9.G. 24 Jun 2024 A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15) electors of the City shall be appointed by the City Commission every eight (8) years to review the City Charter and propose any amendments or revisions, which may be advisable for placement on the regular general municipal election ballot. The City Commission shall appoint the Charter Review Committee in January February of the year immediately preceding the election with a definite and specific charge. The Charter Review Committee shall meet for the purpose of organization within thirty (30) days after the appointments have been made. The Charter Review Committee shall elect a chair and vice chair from among its membership. Further meetings of the Charter Review Committee shall be held upon the call of the chair or a majority of the members of the Charter Review Committee. All meetings shall be open to the public. No Charter amendment or revision shall be submitted to the electorate for adoption unless favorably voted upon by a majority of the entire membership of the Charter Review Committee. No later than one -hundred and eighty (180) days prior to the regular general municipal election, the Charter Review Committee shall deliver to the City Commission the proposed amendments or revisions, if any, to the City Charter. Each proposed amendment shall embrace but one subject and matter directly connected therewith. The City Commission may by rese#itien ordinance place such amendments or revisions as approved by the Charter Review Committee on the next regular municipal election ballot. If a majority of the electors voting on the amendments or revisions favor adoption, such amendments or revisions shall become effective on January 1 of the succeeding year or such other time as the amendment or revision shall provide. Words ctrickcn are deletions; words underlined are additions. 3 54557105 v2 Page 134 of 134