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3-24-25 Draft Agenda City of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, March 24, 2025 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES 1.A. Approve minutes of the Regular Commission Meeting held on March 10, 2025. 3-10-25 Regular City Commission Draft Minutes 5 - 12 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (March-May 2025) 90-Day Calendar (March-May 2025) 13 - 16 3.B. Kiosk Replacement at 18th & 19th Streets 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Authorize the City to contract with Jax Utilities Management, Inc. to complete the stormwater construction for the Howell Park Restoration Project in the amount of $38,745.00 and authorize the City Manager to execute the contract. Howell Park Restoration Project 17 - 43 6.B. Approve the 9-1-1 Interlocal Agreement for the distribution of 9-1-1 funds for call taker salaries and authorize for the City Manager to sign the 9-1-1 Interlocal 45 - 48 Page 1 of 182 Regular City Commission - 24 Mar 2025 Agreement between the City of Atlantic Beach and the City of Jacksonville. 911 Interlocal Agreement FY 24-25 7. COMMITTEE REPORTS 7.A. Arts, Recreation, and Culture Committee (ARCC) 8. ACTION ON RESOLUTIONS 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 75-25-29, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CREATING WITHIN CHAPTER 21, NEW ARTICLE VIII, REGULATION OF BICYCLES, ELECTRIC BICYCLES, AND PERSONAL MOBILITY DEVICES, OF THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF SAID AMENDMENTS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 75-25-29 49 - 64 9.B. ORDINANCE NO. 57-25-25, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING SECTION 13-2 CAMPING AND OBSTRUCTING PUBLIC STREETS/PUBLIC PLACES PROHIBITED; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Ordinance No. 57-25-25 65 - 69 9.C. ORDINANCE NO. 95-25-126, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO MODIFY THE CLASSIFICATION OF DOGS AS DANGEROUS, IN COMPLIANCE WITH STATE LAW, TO ADD DISTURBING THE PEACE PROVISION, TO AMEND THE RUNNING AT LARGE AND CITATIONS AND PENALTIES SECTIONS, TO ADD A NEW IMPOUND AND BOARDING FEES PROVISION; PROVIDING FOR RULES AND REGULATIONS; PROVIDING FOR PROHIBITIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCORPORATION IN THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 95-25-126 71 - 76 9.D. ORDINANCE NO. 20-25-178, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025, AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 20-25-178 77 - 182 Page 2 of 182 Regular City Commission - 24 Mar 2025 10. MISCELLANEOUS BUSINESS 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, visit www.coab.us/live. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting. Page 3 of 182 Page 4 of 182 Regular City Commission March 10, 2025 MINUTES Regular City Commission Meeting Monday, March 10, 2025 - 6:00 PM Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:00 PM. CC Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 (District 1308) Thomas Grant, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: William B. Killingsworth, City Manager (CM) Kevin Hogencamp, Deputy City Manager (DCM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Victor Gualillo, Police Chief (PC) 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting held on February 24, 2025. The Commission approved the minutes as submitted. 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT The following speakers provided their comments: Colleen November Kevin Brown Sarah Boren Hannah Calloway Brinkley Harrell Page 1 of 8 Agenda Item #1.A.24 Mar 2025 Page 5 of 182 Regular City Commission March 10, 2025 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (March - May 2025) There was a CONSENSUS to accept the 90-Day Calendar. Additional Update DCM Hogencamp announced that the USTA (United States Tennis Association) will conduct a review at Jack Russell Park courts from 5 to 7 p.m. on Wednesday, March 12, 2025, and from 8 to 10 a.m. on Thursday, March 13, 2025. Community input is welcome. 3.B. Speed Cameras PC Gualillo discussed the potential implementation of speed cameras and answered questions from the Commission. The Commission agreed to have the CM present a report with recommendations. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole  Announced that the Beaches Town Center Agency is seeking sponsors for Dancin' in the Streets. Commissioner Grant  Spoke about dunes. (Commissioner Grant left the meeting at 6:35 PM and rejoined at 6:37 PM) Commissioner Kelly  Reported on a recent Florida League of Cities (FLC) conference. Commissioner Ring  Addressed the hens ordinance and requested the CM review how other cities regulate it. Mayor Ford  Reported on a recent Beaches Go Green event.  Emphasized the urgency of completing the dunes project and requested that the City extend roping to 19th Street.  Cleared up any confusion regarding baseball and the farmers market, stating there’s no controversy. He clarified that the original request was to temporarily extend baseball playing time by one hour until a permanent solution is found.  Reported on baseball’s opening day on March 8, 2025.  Inquired about e-bikes on the beach. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA 6.A. Declare the listed properties as surplus and authorize disposal of each in the most beneficial way to the City. 6.B. Approve Resolution No. 25-23. Page 2 of 8 Agenda Item #1.A.24 Mar 2025 Page 6 of 182 Regular City Commission March 10, 2025 MOTION: Approve Consent Agenda (Items 6A & 6B as written). Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 25-16 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING A THREE-YEAR CONTRACT FOR BANKING SERVICES WITH BANK OF AMERICA AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE MOTION: Approve Resolution (No.) 25-16. Motion: Bruce Bole Second: Thomas Grant Curtis Ford For Bruce Bole (Moved By) For Thomas Grant (Seconded By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. 8.B. RESOLUTION NO. 25-18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE AGREEMENT FOR THE SARTOGA CIRCLE LIFT STATION SERVICE AREA TESTING, MONITORING, ISNPECTIONS AND REPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Page 3 of 8 Agenda Item #1.A.24 Mar 2025 Page 7 of 182 Regular City Commission March 10, 2025 MOTION: Approve Resolution (No.) 25-18. Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 8.C. RESOLUTION NO. 25-19 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING A TEMPORARY CONSTRUCTION EASEMENT FROM THE SCHOOL BOARD OF DUVAL COUNTY FOR TEMPORARY NON- EXCLUSIVE EASEMENT FOR CONSTRUCTION AND RELATED PURPOSES AT ANCHOR ACADEMY, SUBJECT TO THE TERMS IN THE EASEMENT AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution (No.) 25-19. Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 8.D. RESOLUTION NO. 25-20 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A HAZARD MITIGATION GRANT PROGRAM CONTRACT MODIFICATION FOR PARTIAL FUNDING OF THE CONSTRUCTION OF THE AQUATIC GARDENS DRAINAGE PROJECT; AUTHORIZING THE CITY MANAGER TO SUBSEQUENTLY EXECUTE A CONTRACT WITH JAX UTILITIES MANAGEMENT, INC. FOR CONSTRUCTION OF THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution No. 25-20. Page 4 of 8 Agenda Item #1.A.24 Mar 2025 Page 8 of 182 Regular City Commission March 10, 2025 Motion: Jessica Ring Second: Candace Kelly Curtis Ford For Bruce Bole For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Motion passed 5 to 0. 8.E. RESOLUTION NO. 25-21 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A DESIGN-BUILD CONTRACT WITH ACON CONSTRUCTION COMPANY FOR THE RENOVATION OF THE MARSH OAKS COMMUNITY CENTER; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution No. 25-21. Motion: Jessica Ring Second: Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Thomas Grant For Candace Kelly For Jessica Ring (Moved By) For Motion passed 5 to 0. 8.F. RESOLUTION NO. 25-22 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDERS WITH HANSON PROFESSIONAL SERVICES TO COMPLETE DESIGN OF THE CUTLASS DRIVE BOX CULVERT EXPANSION AND DITCH WIDENING PROJECT; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution (No.) 25-22. Motion: Bruce Bole Second: Thomas Grant Curtis Ford For Bruce Bole (Moved By) For Page 5 of 8 Agenda Item #1.A.24 Mar 2025 Page 9 of 182 Regular City Commission March 10, 2025 Thomas Grant (Seconded By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 95-25-126, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO MODIFY THE CLASSIFICATION OF DOGS AS DANGEROUS, IN COMPLIANCE WITH STATE LAW, TO ADD DISTURBING THE PEACE PROVISION, TO AMEND THE RUNNING AT LARGE AND CITATIONS AND PENALTIES SECTIONS, TO ADD A NEW IMPOUND AND BOARDING FEES PROVISION; PROVIDING FOR RULES AND REGULATIONS; PROVIDING FOR PROHIBITIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCORPORATION IN THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Ordinance (No.) 95-25-126 (on first reading). Motion: Bruce Bole Second: Thomas Grant Curtis Ford For Bruce Bole (Moved By) For Thomas Grant (Seconded By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. 9.B. ORDINANCE NO. 57-25-25, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING SECTION 13-2 CAMPING AND OBSTRUCTING PUBLIC STREETS/PUBLIC PLACES PROHIBITED; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. MOTION: Approve Ordinance (No.) 57-25-25 (on first reading). Motion: Bruce Bole Second: Candace Kelly Mayor Ford requested to hear about storage for repeat offender's belongings. Page 6 of 8 Agenda Item #1.A.24 Mar 2025 Page 10 of 182 Regular City Commission March 10, 2025 Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 9.C. ORDINANCE NO. 20-25-178, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025, AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Ordinance (No.) 20-25-178 (on first reading). Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole  Touched on Resolution No. 25-19.  Announced that he would be absent from the March 24, 2025 meeting. Commissioner Grant  Echoed the Mayor's comments regarding the farmer's market.  Thanked staff for securing grants for city projects. Commissioner Kelly  Reported on traffic following her FLC event. Commissioner Ring  Expressed satisfaction with the agreement reached for baseball and the farmers market. Page 7 of 8 Agenda Item #1.A.24 Mar 2025 Page 11 of 182 Regular City Commission March 10, 2025 Mayor Ford  Asked additional questions about the farmers market. 13. ADJOURNMENT The meeting adjourned at 7:13 PM. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved:________________ Page 8 of 8 Agenda Item #1.A.24 Mar 2025 Page 12 of 182 AGENDA ITEM:90-Day Calendar for the City Commission SUBMITTED BY:Adrianna Walsh,Executive Assistant to the City Manager TODAY’S DATE:March 12,2024 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT RECOMMENDATION:Accept the 90-Day Calendar for March 2025-May 2025 by consensus ATTACHMENT(S):City Commission 90—DayCalendar (March 2025-May 2025) MEETING DATE:March 24,2025 BACKGROUND: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. Please note that the 2025 town hall meetings have been scheduled for: 0 Saturday,April 5 at Jordan Park 0 Saturday,July 19 at Gail Baker Community Center 0 Saturday,October 18 at the Adele Grage Cultural Center BUDGET:None REVIEWED BY CITY MANAGER: Agenda Item #3.A.24 Mar 2025 Page 13 of 182 Acoaza€22 SE8EnME02532.5,3&me USN—?coughsEmM@598333> C3528 ?g 0 motumExmomm 1 - mmomgun—«2 ZOHmmH—ZEOUMEL— .?/unHmDH/VmCREME5.25::;.C.2m‘.._ZC:://.C‘szz...“CWQZOZ 25m €356 Ea Néa 2 8x52 £2me QE :3:an o£me 0:303 2.8m:08an En N.Emo— BVEE £251...— 35 :03sz En «.85 3 3x32 Egan Emm .BEonnm bz?m??msm0mm EN AumSO2%3 EmNam 5280MEVE om Emo @33832:30mm 25coa???oo35 2 En omummnuooz6am 33-532 “532% cm Eu 0 .BEBSm 02H 0mm Eu m: .8533 £08530 0mm 9 Eu 0 EEO aEmEmBBm EEoEEhEm N— En o EmomEuEQBoZQ bisEEoU M3 Emc quEEoO 8330 .qouwobox deg : AEoméoZHU Em006 :oEEEEoO 36 VN Amigooia EA 006 8538800 36 on Em:For—30V Eme5250 whoagwaow 95 Eng: Emwas2 “BEE Enchan— 2&3“,me €6an EmEonmam £30 Ea.2502 03.5 woo—m Agenda Item #3.A.24 Mar 2025 Page 14 of 182 l320 NH€052“;98—m—cough:EA _E0983 25»GramEEO::5 2wazouEENE:Boh AEOSFNLU?mmmHGown—Sh:an M£0an 333.3mEmu—Bo:En—TEa 3E05a32 cm95:85:an TE 2Es:wmmbumm—a Eu 0 .350 mEmwSk/Bm Eno?aegcm Ea w ooEEEoO $330 ?nouaohvom.33 can amm< mogm“8?on En omno.E8350 mcSB<0mm m N ZOmme—Z—ZOUWALD ur/AHZDE/d.w/HZMEw/«QmmDHC.Raw/HE:Zn??xxC.me2:..w/‘QZO?.Cdr/HDm 3:3 :3: EA c 232 9:302 0:8 :05”: En NEE 2 «81m .2 Enchan— DN 25 2&3”::a was 2 6me mbgm 01?.2335 En NAENE Bf?z «SEE; :3:29532 Ea 0 E050 wbEBmzom £5 :35: ?g N-Em2 .832 mbcbam :8 a 2:535 bz?m??msm0mm vm Emma2315anEcoumuuoma: 5 mm E9 0 .B?ossm 08%Umu 89 31* .BEondm #0855 0mm 3 Emc Emom“5:520an bEsEEoO A?omboZ—C SQ cone commmmEEoUb6 3 campgooéc En cone :ommmmEEoOb5 wm war/I33w,:3.3;. 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Evin—2whore—.8.”— ESE»; Agenda Item #3.A.24 Mar 2025 Page 16 of 182 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Authorizing the City to contract with Jax Utilities Management,Inc.to provide construction services for the Howell Park Restoration Pilot Project SUBMITTED BY:Steve Swarm,PE,City Engineer TODAY’S DATE:March 4,2025 MEETING DATE:March 24,2024 BACKGROUND:The purpose of the Howell Park Restoration Pilot Project is to increase the capacity of the drainage ditch through Howell Park,improve aesthetics by removing excess sediment,and provide improved habitat for ?sh and wildlife.The pilot project is locatedin Howell Park,810 Seminole Road,in the City of Atlantic Beach and will occur in the drainage ditch between the Palm Avenue parking area and the Turtle Pond.City staff will hold a publicmeeting and invite members of the Environmental Stewardship Committee and Friends of Howell Park to discuss the project and address any questions or concerns. The pilot project scope of work is to restore the depth of the drainage ditch as described in the attached proposal.All work shall be performed in accordance with the Contract Documents.Jax Utilities Management,Inc.has a current contract with the City of Jacksonville,Contract #71555- 25,that the City of Atlantic Beach can piggyback on to complete this project.After completion of the restoration of the drainage ditch,affected areas of the park will be restored and sodded as necessary.Littoral planting along the edge of the ditch will be completedby others with remaining budgeted funds after the excavation has been completed and disturbed areas of the park are restored. BUDGET:The cost for the project,$38,745.00,will be fully funded from the $50,000.00 currently budgeted in the Public Works Stormwater Drainage Fund Account 470-0000-538-6300 (Project Number AR2211). RECOMMENDATION:Authorize the City to contract with Jax Utilities Management,Inc.to complete the stormwater construction for the Howell Park Restoration Project in the amount of $38,745.00 and authorize the City Manager to execute the contract. ATTACHMENTS:City of Jacksonville Contract #71555-25 Jax Utilities Management,Inc.Proposal dated February 5,2025 REVIEWED BY CITY MANAGER: Agenda Item #6.A.24 Mar 2025 Page 17 of 182 Qty Rate Jax Utilities Management,Inc. 5465 Verna Boulevard Jacksonville,FL 32205 904-779-5353 Estimate Date Estimate # 2/5/2025 070933 Howell Park Ditch Maintenance A170.Ditch Regrading (0'-4'bottom,from O'—4'in depth) 18 14 300 310 3,277.00 712.00 467.00 44.00 9.40 3,277.00 12,816.00 6,538.00 13,200. 00 2,914.00 A7.Mobilization(Roadway and Right of Way) A140.Well Points (>8'deep) A141.Bypass Pumping (>"suction/discharge) A175.Ditch Excavation Charles Freshwater 904-813-3534 Total $38,745.00 Terms and Conditions:Payment due upon completionof work,or at the option of Jax Utilities Management,Inc.(IUM)30 days after invoice for completedjob or interim progress billing.It is understoodand agreed by the parties that JUM is entitledto receive payment forall work,labor, materials,and equipment furnished and performed hereunderwhen invoiced to customer.In the event any payment is not paid when due,JUM reserves the right to terminate this agreement and shall be entitledto recover all charges for which payment is sought.Customer hereby authorizes any Attorney at Law for JUM in an action on this agreement in any court of law in the county where contractor residesfor the recovery of any amount due hereundertogether with interest at the rate of 1 V2%per month plus attorney fees and court costs THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE DATE SPECIFIED ABOVE Signature City of AtlanticBeach Description Total Project Mao, Agenda Item #6.A.24 Mar 2025 Page 18 of 182 2 3mm, CONTRACT BETWEEN CITY OF JACKSONVILLE AND JAX UTILITIES MANAGEMENT,INC. FOR STORM SEWER REPLACEMENT AND NEW CONSTRUCTION -—NORTH AREA THIS CONTRACT forstorm sewer replacementandpew constructioninthe North Area (hereinafter the “Project”)is made and entered into this5-day of W t 7.,'2025, retroactive to October l,2024 (hereina?er the “Effective Date”),by and between the CITY OF JACKSONVILLE,a consolidatedmunicipalcorporation and political subdivisionexisting under the Constitution and lawsofthe Stateof Florida(hereinafter the “Owner”or the“City”),and JAX UTILITIES MANAGEMENT,INC.,a Florida pro?t corporationwith principal address at 5465 Vema Boulevard,Jacksonville,Florida 32205 (hereina?er the “Contractor”). WITNESSETH,that forthe considerationand under the provisionshereinafterstated and referred to moving from each to the other of said parties respectively,it is mutually understood andagreedas follows: I.That Contractor is the lowest responsive and responsible bidderfor furnishing,not by way of limitation,all labor,materials,and equipment and performing all operations necessary for the repair,replacement,and new constructionof storm sewer systems,roadways,and all other supporting,appurtenant work as deemed necessary at various locations within the North Area resulting in a complete storm sewer and roadway infrastructure,all in accordance with plans, drawings,and Speci?cationshereinafter referred to and has been awarded this Contract for said work pursuant to awardmadeOctober 3,2024. 2.Contractor will at its own cost and expense do the work requiredto be doneand furnish the materials required to be furnished on said Project in accordance with plans and speci?cations prepared by Robert Young for the Right of Way and Stormwater Maintenance Division of the Department of Public Works,bid number l’l'B-15893-24,bid date August 29,2024, designated as Bid Specificationsjbr Storm Sewer Replacement and New Construction —North Area,and strictly in accordance with the advertisementcalling for bids,plans,speci?cations, blueprints,addenda,requirements of the City of Jacksonville,proposalof the said Contractor,and award therefor (hereinaiter collectively the “Contract Documents”)now on ?le in the Of?ce of the Chiefof the ProcurementDivisionof the City of Jacksonville,all ofwhich are by thisreference Agenda Item #6.A.24 Mar 2025 Page 19 of 182 _.:n ,l‘, ,,m-V‘ .'3 ,. I ._x _H. __.y; _..-. ..I ‘‘.-3:.u =.'" _.. H ... ==t" .--:I 'i ' ‘._..3.t ,.H '‘'4 :‘..I -'I .-1 ‘' ‘.I |I ''L J‘- I _:-u 9'"'V‘‘ H I A V I '.I"_ n--I -?'V -__ speci?callymade a part hereof to the same extent as if fully set out herein.for a total amount not to exceed FOURTEEN MILLION FIVE HUNDRED NINETY-ONE THOUSAND SEVEN HUNDREDSEVENTY-SEVENAND04/100DOLLARS ($14,591,777.04),at and for the prices and on the terms containedin the ContractDocuments;providedhowever,the above-statedamount will not be encumberedby this Contract.Instead,it will be encumberedin whole or in part by subsequentlyissuedpurchase orders.Such purchase orders shallbe bindinguponthe parties hereto and must incorporate the provisions of this Contract.All funds control checking shall be made and performedat the time suchpurchaseorders are issued. 3.The term of this Contract shallcommenceuponthe EffectiveDateand shall remain in full force and effect as to all its terms,conditions,and provisionsas set forth herein through September 30,2027,with one (1)two-year renewal option. 4.0n Contractor’s faithful performance of this Contract,Owner will pay the Contractor inaccordance withthe terms and on the conditionsstatedin the Contract Documents. 5.Contractor shall submit and record all payment and performance bonds in the Of?cial Records of Duval County as requiredby Section 255.05,FloridaStatutes. 6.Notwithstanding any provision to the contrary in this Contract or in the Contract Documents,the Owner has the absolute right to terminate this Contract without cause for convenienceby giving the Contractor thirty (30)days’advance written notice of the date of termination.Such notice shall be delivered by Certi?ed United States Mail,return receipt requested,or by any other delivery method with evidence of receipt to the Contractor’s representativewho signedthis Contract at the addressspeci?ed in the Contract Documents. 7.This Contract and all amendments hereto may be executed in severalcounterparts, each of which shall be deemed to be an original,and all of such counterparts together shall constitute one and the same instrument. [Remainder of page left blank intentionally.Signature page follows immediately.| Agenda Item #6.A.24 Mar 2025 Page 20 of 182 IN WITNESS WHEREOF,the parties hereto have duly executed this Contract in duplicatethe day and year ?rst above written. Signature Title CITY OF JACKSONVILLE AC By By .1432“‘ sR.Me a m,onna eegan,yor ration Sec t". WNE Karen Bowling1!:0 R C-‘-'Mministrative Of?cer 52 73‘“ b " U d '"maDeegannerIlULOR“)Executive OrderNo:2023-02 WITNESS:JAX UTILITIES MANGEMENT,INC. Signat J Type/Print §ame Type/PrintName 29:35:13“,ll???mgg. Title GC-IthS'IOIS-vl-Jnx‘ullilies7|555-25_Stonn_$ewcr Norm Amati-nu Encumbrance &funding information is found on the next page. CONTRACTOR -\(Z; ATTEST: Agenda Item #6.A.24 Mar 2025 Page 21 of 182 Encumbrance and funding information for internal City use: Total Maximum Indebtedness:$4,591,777.04 The above-statedamount is the maximum ?xed monetary amount of the foregoing Contract.It shall not be encumberedby the foregoing Contract.It shall be encumberedby one or more subsequently issued purchase orders that must reference the foregoing Contract.All ?nancial examinationsand?mds control checking willbe madeat the time suchpurchaseordersare issued. In accordance with Section 24.103(e),Ordinance Code,I do hereby certify that there is an unexpended,unencumbered,and unimpoundedbalancein theappropriationsuf?cient to coverthe foregoing Contract;provided however,this certi?cationis not nor shall it be interpreted as an encumbranceof funding underthisContract.Actualencumbrancesshall be made by subsequentl yissuedpurchaseorders,as specified insaidContract. irectorof Finance CityContractNo.71555-25 ICC of General 0 el Form Approve: #(A?/Mgrist/k lCloud Account for Certi?cation ofFunds Amount $14,591 777.04 Agenda Item #6.A.24 Mar 2025 Page 22 of 182 S__IJI£_ I77] I )558 rueL 1"le Flo As to the Contractor/Principal: Name:13::UtilitiesMane emen Inc. PrincipalBusinessAddress:5465cha Boulevar Jackso v'll Florida3220 5 Telephone:904 779-5353 THISIS AN APPROVED FORM NOT UBS IT ORRE V]E. CONTRACTNUMBER71555-25 PERFORMANCEBOND NUMBER USODBBBS REQUIREDBY SECTION255.05,FLORIDA STATUTES As to the Surety: Name:E Am 'I PrincipalBusinessAddress:100 InternationalDrive.22ndFloor.Baltimore.MD 21202 Telephone:883-3224 As to the Ownerof theProperty/ContractingPublicEntity: Name:TheGig gjflgcksgnxi?g.Florida(clg mhjjg Works ergtgggtl PrincipalBusiness Address:214 No Ho 11Street 10'“Floor nville rida 32202 Telephone:904 2 -763 Description of Project including address and description of improvements:wishing.not Q!m of imitation all labor 'als d e ui tand rformin all 0 ‘ons en t e r ' re lacement new constructionof storm sewer toms roadwa and all 0 rtin a urtenant ork as deemed necess at various locationswithi NorthArea resultin in a com late S sewer and roadwa infrastructure all 'ace ce with ans drawin and s ci?cations. RENEWALREQUIRESACONTINUATIONCERTIFICATEAPPROVEDBYTHESURETYCOMPANY. THETERMOF THIS BONDSHALLBE FROMOCTOBER1.2024 TO SEPTEMBER30.2027 Agenda Item #6.A.24 Mar 2025 Page 23 of 182 TH SIS NAP ROVEDF RM D NOT ST!UTE REV!E. CITY OF JACKSONVILLE,FLORIDA PERFORMANCEBOND REQUIREDBYSECTION255.05,FLORIDA STATUTES KNOW ALL MEN BY THESE PRESENTS,that JAX UTILITIES MANAGEMENT, EulerHemes NorthAmerica [NC.,as Principal (hereinafter the "Contractor"),and Insurance Com n a corporation organizedandexisting under thelawsof the Stateof MD and dulyauthorizedto conduct and carry on a generalsurety businessin the State of Florida,as Surety (hereinafterthe “Surety”),are each heldandfirmly bondedunto theCityofJacksonville,a municipalcorporationin DuvalCounty,Florida,as Obligec (hereinafterthe “City”).in the sumof FOURTEENMILLIONFIVEHUNDREDNINETY- ONE THOUSAND SEVEN HUNDREDSEVENTY-SEVENAND 04/100 DOLLARS (314.591.777.04),lawfulmoney of the United States of America,for the payment whereofContractor and Suretybindthemselves,theirrespectiveheirs,executors,administrators,legalrepresentatives,successors, and assigns,jointly andseverally,?rmly by these presents. WHEREAS,the Principal made and entered into City Contract Number 71555-25 (the “Contract"),effective as ofthe lst dayof October,2024,for fumishing,not by way oflimitation,all labor, materials,and equipmentandperformingall operationsnecessary for the repair,replacement,and new constructionof storm sewer systems,roadways,and all other supporting,appurtenant Work as deemednecessary at variouslocationswithin the North Area resulting in a completestorm sewer androadway infrastructure,in strictaccordance with plansandspeci?cationspreparedfor the Right of Way and Stormwater MaintenanceDivision of the Department of PublicWorks,bidnumber 1TB 15893—24,bid date August 29,2024,designated as Bid Speci?cations for Storm Sewer Replacement and New Construction —North Area,and any advertisementfor bidsforsaid work and the drawings,plans,and speci?cations for said work and requirements of the City request for bids and award therefor,and of the Contractand all documents includedas a part of theContract,all of whichare, by this reference,made a part hereof to the same extent as if fully set out herein. Agenda Item #6.A.24 Mar 2025 Page 24 of 182 .L m -: NOW,THEREFORE,THE CONDITIONSOF THIS OBLIGATIONare such that,if Contractor shall:(I)promptlyand faithfullyperformthe construction work and other work inthe time and manner prescribedin said Contract,which is madea part of thisBondby reference,in strictcompliance with the Contractrequirements;(2)performthe guarantee and maintenanceof all work and materials furnishedunderthe Contract for the time speci?edin the Contract;and,(3)pay the City all losses,delay anddisruptiondamages,and all other damages,expenses,costs,and statutory attorney’s fees,including those incurredin appellate proceedings,that the City sustainsbecauseof a defaultby Contractorunder the Contract,thenthis Bondshall be void;otherwise,it shall remain in full force andeffect,bothinequity and at law,inaccordancewiththelawsand statutes ofthe State of Florida. PROVIDED,that the Surety herebywaivesnoticeof any alterationor extensionoftimemade by the City,and that any changes in or under the Contract and compliance or noncompliancewith any formalitiesconnectedwiththe Contractorthe changesdoes not affect Surety's obligationunderthis Bond. PROVIDED FURTHER,that wheneverContractor shall be declaredby the City to be in default under the Contract,the City having performedthe City’s obligations thereunder,the Surety shall.at the City’s sole option,take one(1)ofthe followingactions: (1)Withinareasonabletime.butinno event laterthan thirty(30)days after the City’s written noticeof terminationfor default,arrange for Contractor with the City‘s consent,which shallnot be unreasonably withheld,to completetheContract and the Surety shallpay the City all losses,delayanddisruptiondamages,andall otherdamages, expenses,costs,and statutory attorney’s fees,including those incurredin appellate proceedings.that the City sustains because of a default by the Contractor under the Contract;or (2)(A)Withina reasonabletime,but in no event later than sixty (60) days after the City’s written notice of termination for default,award a contract to a completioncontractor and issue a notice to proceed.Surety shall obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determinationby Surety of the lowest responsiblequali?edbidder,awarda contract;(B) Agenda Item #6.A.24 Mar 2025 Page 25 of 182 :1.... me.’.. n.--: ,4”, -,e r”w ¢. ,,;H=. n' alternatively,the City may elect to have the Surety determinejointly with the City the lowest responsiblequali?edbidder,to havethe Surety arrange fora contract between such bidder and the City,and for the Surety to make available as Work progressessuf?cient funds to pay the cost of completionless the balanceof the Contract price(even though there should be a default or a successionof defaultsunder the contract or contracts of completionarranged under this paragraph).The term “balance of the Contract price"as used in this Bondshallmean the totalamount payable by the Cityto Contractor under the Contract andany approvedchange ordersthereto,less theamount properlypaidby the Cit y to Contractor.(C)Eitherway,the Surety shallpay the City all remaininglosses,delayand disruptiondamages,expenses.costs,andstatutory attomey's fees,includingthoseincurred in appellate proceedings,that the City sustains because of a defaultby Contractor under theContract;or (3)Withina reasonabletime,but in no event later thanthirty (30)days alter City's notice of terminationfor default,waive its right to complete or arrange for completionof the Contract and,within twenty-one (21)days therea?er,determinethe amount for which it may beliableto theCityandtender payment to theCity of any amount necessary inorderfor theCityto completeperformanceof the Contractinaccordancewith itsterms andconditionsless thebalance of theContractprice,andshallalso indemnifyand savethe City harmlesson account ofall claimsanddamages arising fromtheContractor's default underthe Contract,and pay the City for all losses,delay and disruptiondamages, and other damages,expenses.costs,andstatutory attomcy’s fees,includingthose incurred inappellateproceedings,that the City sustainsbecause of a default ofthc Contractor under the Contract. PROVIDED FURTHER,the Surety shallindemnify and save the City harmlessfrom any andall claims and damages arising from the Contractor’sdefaultundertheContract,includingbutnot limitedto contractualdamages,expenses,costs,injury.negligent or intentionaldefault,patent infringement,and actual damages (including delay and disruptiondamages)in accordancewith theContract,and including Agenda Item #6.A.24 Mar 2025 Page 26 of 182 r,..t‘l E n uh .I. I u x all other damagesandassessments which may ariseby virtue of failure of the productto performor any defects inworkor materialswithina period ofone (1)year from thedate on whichtheContractorreceives from the City a certi?cateof ?nal completionundertheContract. PROVIDED FURTHER,that duringany interimperiodafter the City hasdeclaredContractor to be in defaultbut Surety has not yet remediedthe defaultin the manner acceptableto the City,Surety shall beresponsiblefor securing and protectingthe worksite,including but not limitedto the physicalpremiscS, structures,?xtures,materials,and equipment,andshallbe responsibleforsecuring andprotectingmaterials andequipmentstoredoff-sitein accordancewiththeContract. PROVIDED FURTHER.no light of actionshallaccrueon this Bond to or for the use of any person or corporationotherthan theCity namedhereinor theheirs,executors,administrators,or successors of the City. [Remainder ofpage left blank intentionally.Signature page follows Immediately.] Agenda Item #6.A.24 Mar 2025 Page 27 of 182 0 u I:- ;new. SIGNED ANDSEALEDthis 9th day of Jamie ,2025 WITNESS Ignaturc \ ’”',,b5 Type/PrimName Type/PrimName I h I *I‘v.1 Txtle II Signed,Sealed,and Delivered in the Presence of: JAX UTILITIES MANAGEMENT,INC. SignatureO we}! Title AS PRINCIPAL By us AS SURETY NameofAgent:Seubert 8-Associates.Inc. Address:225NorthShore Drive.Suite 300 Pittsbur h PA 15212 Euler Hermes NorthAmelica Insu Com,1 (:5 %///,- Gia Tavelta.Witness Note.Date ofBond Must NotBe Prior to Date of Contract Agenda Item #6.A.24 Mar 2025 Page 28 of 182 Allianz ® 4 MA .Allianz Trade EULERHERMESNORTH AMERICA INSURANCECOMPANY 100 InternationalDrive,22ndFloor-Baltimore,Maryland21202 The number ofpcrsons authorizedby this Power ofAttcmcy is not more than:POWER OF ATTORNEY KNOWALL MENBY THESE PRESENTS:That EULERHERMESNORTH AMERICAINSURANCECOMPANY(EULER HERMES),a corporationorganizer!and existing under thelaws ofthe state ofMaryland,does hereby nominate,constitute,andappoint the person or persons namedbelow.eachindividually ifmoretitanoneisnamed.its true andlawfulattorney-ia-l'act,forand in itsname,place,and stead to execute on behalfol'EULERHERMliS.as surety.anyandallbonds.undertakings,andcontracts ofsuretyship,orotherwrittcnobligationsinthenature thereof; providedthat the liabilityof EULERHERMESonany suchbond.undertaking.or contract ofsuretyahipexecutedunder this authority shall not exceed the limitstated below. M Wedl‘llOengyA.Bright;Cheril.Ritz;NatashaKerr angzns’lllsosrthshoreDrive 132::OF POWER WilliamM.Chapman;MadelineP.Love-n Suite300BarbaraA.teapot;GtavonnaD.Tavella Pittsburgh.[M 15212PamelaM.Anderson;Nancy L Jlrltu Patti It.undsey:Joshua Restauri This Power ofAttorney revokesall previouspowers issuedon behalf of the nttomey(s)-irt-t‘netnamedabove. lN WlTNBSSWHEREOF,BULERHERMES has causedthese presents to be Iigned and attestedby its appropriate of?cers andits corporate senthereunderaffixedthiLJn—day of__.D.tC§ll.lISI_—,20.3... G /:2 NicholasP.Vernall,Senior Vice President and RegionalHeedol‘Surety and Guarantee.Americas James Duly,l'residentandCEO-TheAmericas StateofMaryland,County ofBaltimore ,beforemepersonallyappearedNicholasP.Vernaii,to meknown.beingduly sworn.dcpooesand VicePresidentandRegional[land of Surety andGuarantee,Atttaicnsof EulerHermes the aboveinstrument;thathe know thesoulof EULFR flirtedby authority urthe Boardof Directorsof EULER Onthis_l§_l____day of__l_)t_:_cembe_tj-_.20_.2_§.‘ saysthatheresidesin Scullth PA;thathe isSenior NorthAmericaInsuranceCompany,the Company describedhereinandwhichexecuted HERMES;thatthe seal af?xed to saidinstrumentissuchcorporatesml:thatit wasso it HERMES;unt‘lghathégigr’tedhisnametheretobylikeauthority. .\..... -.raw,,.'t Notaryruu' 1 H:zu-2?-E::-3 .-.- Name's”,New:“:5:ThisConunlssionprnesFebrum-yZJOZS ;C‘-‘'3,--',.:1 Thiswa?l?’?é?e?'?g?a‘ir’edbyauthorityoflhefollowingresolution:adoptedby the Boardof Directorsof?ULh‘RHERMES 155NORTH6J3 CECOMPANY(Company)byunanimousconsent on October 1,20l5. a 1 I I“‘..5 RESOLVED:That the President,Executive VicePresident, herebyare authorizedfronttime to timeto appointoneor moreAttorneys-it bonds,undertakingsandoomracLaofsuretyship,or otherwrittenobligationin limitsoftheirauthority;andtorevokeanysuchappointmentat anytime. SeniorVice President,Vice President.Secretary.andAssistant Vice Secretary.be and t-Factto execute on behalfofthecompany.as surety,andany andall thenature thereof:to prescribetheirrespectivedutiesandallrespective RESOLVEDFURTHER:That the Company seal and signature of the aforesaid ot?eers and may be af?xed by facsimile to any ship.or other writtenobligations in the nature thereof;Power of Attorney given for the executionof any bond,undertaking,contract of surely as the original signature of such of?cer and thesuchsignatureandsealwhentousedbeingherebyadoptedbytheCompany originalsealofthe Company,to be valid andbinding uponthe Company withthe someforceandeffect asthought manuallyaf?xed. CERTIFICATION l,NicholasP.Vernall.SeniorVice PresidentandRegional[lead ofSurety 8:.Gun INSURANCECOMPANY,dohereby certify thattheforegoing PowerofAttornoy an 2015.have not been revokedandarenowinfull forceandeffect. rantce.Americasof liULllR HERMESNORTH AMERICA d the Resolutionsol'theBoardol‘DirectorsofOctobcr l, Signed andsealedthis 9th day of anua .20 25 . ,2" NicholasP.Vennn,SeniorVicePresidentandRegional HeadofSuretyandGuarantee,Americas EulerHermes:No?ltAmeriutinsuranceCompanyanditsalliliatcddebtcollectioncompanyareput oftheAllmguup andmarkettheirimiwlsandservicesusingtheWhat:Trade‘tradmutr Agenda Item #6.A.24 Mar 2025 Page 29 of 182 THIS IS A APPROVED .DONOTSUBS ORREVISE. CONTRACT NUMBER71555-25 PAYMENT BONDNUMBER U5006585 REQUIREDBYSECTION255.05,FLORIDA STATUTES As to the Contractor/Principal: Name:lax ti 'ties ana ement Inc PrincipalBusinessAddress:5465 V ma BoulevardJacksonvilleFlori 32205 Telephone:904 779-5353 As to the Surety: Name:Euler Hermes North America InsuranceCompany Principal BusinessAddress:100 InternationalDrive.22nd Floor.Baltimore.MD 21202 Telephone:9_883-3224 Asto the Owner of theProperty/ContractingPublicEntity: Name:The Ci of JacksonvilleFlorida cl lieWorksDc anment Principal BusinessAddress:214NorthHo Street Floor in ksonville F ii 3 02 Telephone:904 255-8763 Description of project including address and descriptionof improvements:wishing,not by;we!of limitation all labor aterials an ui emand rformin all 0 "ms 353 for the re ir re 1 cement d new onstructionof storm sewers terns roadwa s and all othersu rtin a rtenant w rk as deemed neces at various locationswithin the North Area ul in in m lete storm sewer and roadwa infrastructure all in accordance with lens drawin an s 'icatio RENEWALREQUlRESA CONTINUATIONCERTIFICATEAPPROVEDBYTHESURETYCOMPANY THETERMOF THIS BONDSHALLBE FROMOCTOBER1,2024 TO SEPTEMBER30,2027. Agenda Item #6.A.24 Mar 2025 Page 30 of 182 THIS I§ANAPPROQ FOM.DO NOT SUBSTITQZE0R Eng. CITY OF JACKSONVILLE,FLORIDA PAYMENT BOND REQUIREDBY SECTION 255.05,FLORIDA STATUTES KNOW ALL MEN BY THESE PRESENTS,that JAX UTILITIES MANAGEMENT, EulerHermes NorthAmerica INC.,as Principal (hereinafter the “Contractor”)and InsuranceCom an ,a corporation organizedand existing underthe laws of the State of MD and duly authorizedto conduct and carry on a generalsurety business inthe State of Florida,as Surety (hereinafterthe “Surety“),are each heldand?rmlybondedunto theCityof Jacksonville,a municipalcorporationin DuvalCounty,Florida,as Obligee(hereina?cr the “City”),in the sum of FOURTEENMILLIONFWE HUNDREDNTNETY — ONE THOUSAND SEVEN HUNDRED SEVENTY«SEVEN AND 04/100 DOLLARS ($14,591,777.04),lawfulmoneyof the UnitedStates ofAmerica,for thepayment whereof Contractorand Surety bind themselves,theirrespective heirs.executors,administrators,legal representatives,successors, andassigns,jointlyandseverally,?rmly bythesepresents. WHEREAS,the Principal made and entered into City Contract Number 71555-25 (the “Contract",effective asof the lst day of October,2024,forfumishing,not by way of limitation,alllabor, materials,and equipmentand performing all operationsnecessary for therepair,replacement,and new constructionof storm sewer systems,roadways,and all other supporting,appurtenant work as deemednecessary at variouslocations withinthe NorthArea resulting in a completestorm sewer androadwayinfrastructure,in strictaccordancewithplansandspeci?cationspreparedfor the Right of Way and Stormwater Maintenance Divisionof the Departmentof PublicWorks.bid numberlTB-I5897- 24,bid dateAugust 29,2024,designated as Bid SpecificationsforStorm Sewer Replacementand New Construction-NorthArea,andany advertisementfor bidsforsaid work and the drawings,plans,and speci?cationsfor said workand requirements of the City request for bids and awardthereforand of the Contract and all documents includedas a part of the Contract,all of which are,by this reference,made a Agenda Item #6.A.24 Mar 2025 Page 31 of 182 -v‘ y: x 2 ,V‘ ,m.r part hereofto thesame extent as iffully set out herein. NOW,THEREFORE,THE CONDITIONSOF THIS BONDare suchthat if the saidPrincipal: (l)Promptlymakespayments to all claimants,as de?nedin Sections255.05and 7l3.0l ,Florida Statutes,supplyingPrincipalwith labor,materials,or equipmentthat are consumedor used directly or indirectlyby Principalin connectionwith the prosecutionof thework providedfor in suchContract and including all insurance premiums on the work and any authorizedextensionsor modi?cations of such Contract;and (2)Defends,indemni?es,and saves the City harmlessfrom claims,demands,liens,or suits by any person or entity whoseclaim,demand,lien,or suit is for the payment of labor,materials,or equipment furnished for use in the performanceof the Contract.providedthe City haspromptlynoti?ed the Principal and Surety of any claims,demands,liens,or suitsandprovidedthere is no failureby the City to pay the Principal as requiredby theContract;and (3)Pays theCity all losses.damages,expenses,costs,andattorney's fees,includingthoseincurred inappellateproceedings,thatthe City sustains because ofthe Principal'5failure to promptlymakepayments to all claimantsas providedabove,then this Bond is void;otherwise,it remainsin full force and effect, bothin equityandat law,in accordancewith the statutes andthelawsof the State ofFlorida and speci?cally Section255.05,FloridaStatutes. PROVIDED,no suit or action for labor,materials,or equipmentshall be institutedhereunder againstthePrincipal or theSurety unlessa claimantprovidesto each of thembothof the propernoticesin accordancewith the requirementsof Section255.05(2)(a),FloridaStatutes.Bothnoticesmust be givenin order to institutesuch suit or action. PROVIDED FURTHER,an action,except for an actionexclusively for recovery of retainage, must be instituted against the Principal or Surety on this Payment Bond within one (I)year after the performance of the labor or completionof delivery of the materialsor equipmentin accordance with the requirements of Section 255.05(2)(a),Florida Statutes. PROVIDED FURTHER,an action exclusively for the recovery of retainage must be instituted against the Principalor Surety within one (1)year afterthe performanceof the labor or completionof Agenda Item #6.A.24 Mar 2025 Page 32 of 182 delivery of the materialsor equipment,or withinninety (90)days after the Principal’s receipt of ?nal payment (or thepayment estimatecontainingthe Owner’s?nal reconciliationof quanti?esif no further payment isearnedand due asaresult ofdeductiveadjustments)by the Principalor Surety,whichevercomes later,inaccordancewith the requirementsofSection255.05(2)(a),FloridaStatutes. PROVIDED FURTHER,that the said Surety hereby stipulates and agrees that no change, extension of time,alteration,or addition to the terms of the Contract or to the work to be performed thereunderor the speci?cationsaccompanying the same shallinany wise affect its obligationon this Bond, andit does hereby waivenoticeof any suchchange,extensionof time,alteration,or additionto the terms of the Contract or to theworkor to the speci?cations. [Remainder of page left blank Intentionally.Signature page follows immediately.] Agenda Item #6.A.24 Mar 2025 Page 33 of 182 SIGNED AND SEALEDthis 9th day of January 2025 Euler Hermes NorthAmelia: lnsur oe Com By: Its 61-"EW‘-8‘” ASSURETY Nameof Agent:Seabed 8:Assoclata.Inc. 225 NonhShore Drive.Suite 300 Addrcss:PMurgh.PA 15212 WITNESS:JAX UTILITIES MANAGEMENT,INC. Cu. Ignatnre Signa /h r’e — \5:»I ESQ)!.gE D‘IiiEB‘MALL Type/PrintName Type/PrintName 1tlc ”Ti 6 ASPRINCIPAL Signed,ScaledandDelivered the Pmscnce of: Note.Date of Bond Must Not Be Prior to Date of Contract Gia Tavella.Witness FormApprove l e ome ounsc Agenda Item #6.A.24 Mar 2025 Page 34 of 182 Allian 4467/4 Allianz@Trade EULERHERMES NORTHAMERICA INSURANCECOMPANY 100InternationalDrive,22nd Floor.Baltimore,Maryland21202 The numberofpcrsons authorizedby this Power of Attorney isnot more than:1 POWER OF A'ITORN EY KNOW ALL MEN BY THESE PRESENTS;That EULER HERMESNORTH AMERICAINSURANCECOMPANY (EDI—ERHERMES),a corporationorganizedand existing underthe laws ofthestate ofMaryland.doesherebynominate,constitute,andappointtheperson or persons namedbelow.eachindividuallyil'morethan one isnamed.itstrue andlawfulottorney-in-fact,for andinitsname.place,andstead to executeon behalfol‘EULERHERMl-ZS,assurety,anyandallbonds.undertakings.andcontracts ofsuretyship.orotherWrittenobligationsinthenature thereof; providedthatthe liabilityof EULERHERMESonany suchbond,undertaking,or contract of suretyship executedunder this authority shall not exceed the limitstatedbelow. M .ADDRESS LIMIT OF POWER”pansyA.Bnght;CheriL liltz;NatashaKEY!225NorthshoreDING Unlimited WilliamM.Chapman;MadelineP.tovett Sulte300BarbaraA.Leepcr;GiavonnaD.Tavella Pittsburgh PA15212PamelaM.Anderson;NancyLllrltu PattlK.Undsey;JoshuaRestaurl ThisPower ofAttorney revokesall previouspowers issuedon behalfnfthe nttorney(s)-in-l'nctnamedabove. ........,IN WITNESS WHEREOF.EULERHERMEShas causedthese presents to be signed and attestedby its appropriate “""15 of?cers and itscorporate seal hereunderaf?xedthitt_hL__dayof__JES£mlEI—n 20—23..- “erg Q //Iit"s-1 ,~’ '"""James Duly,PresidentandCEO-TheAmericas NicholasP.Verna 11,SeniorVicePresident andRegionalHeadofSurety and Guarantee.Americas Stste ofMaryland,County ofBaltimott: Onthis last dayof Decemhgfw.20,33 .beforemepersonallyappearedNicholasP.VernaII.to me known,beingdulysworn,deposesand says thatheresidesinSoot ”a ,I’A;that he isSeniorVicePresidentandRegional"end of Surety and Guarantee.Americasof EulerHermes d which executedtheaboveinstrument;thatheknowthesealof EULERNorthAmericainsuranceCompany.theCompany describedhereinan HERMES;that thesealallixedto saidinstrumentis such corpomte seal:thatit was sou?ixcd by authority of theBoardofDirectorsof EULER 3 Itsln.*6 Ic“we: “4 ;-?uor.tnt-"'s'«"2 Notaryl’ubl' Nora-15in]5:5"41'“‘1 5;;;_-This CommissionExpires February 2,2026 u o :Puslt'cn:."“." Thisrowiiforumit nailedbyauthorityot‘thefollowing resolutionsadoptedbythe Boarduthtectors of hULER names NORTHit .?kidttlll?VAcs COMPANY(Company)byunanimousconsent on October 1,2015..'In.I n ‘‘' RESOLVED:Thatthe President,ExecutiveVicePresident,SeniorVicePresident,Vice President,Secretary.and AssistantViceSecretary.be and hereby are authorizedfromlittleto timeto appoint one or moreAttomcys-in—liactto execute on behalfof thecompany.as surety,andany andall bonds,undertakingsandcontracts ofsuretyship,orotherwrittenobligationin the nature thereof;to proscribctheirrespectivedutiesandallrespective limitsoftheirauthority:andto revokeanysuchappointmentatanytime. RESOLVEDl-‘URTHER:That the Company seal and signature of the aforesaidof?cers and may be af?xed by facsimile to any Power of Attorney given for the executionof any bond.undertaking,contract of surctyship,or other written obligations in the nature thereof. such signature and seal when so used being hereby adopted by the Company as the original signature of such of?cer and the original souloftheCompany.to be valid andbinding upon theCompany withthesameforceandeffectas thought manually af?xed. CERTIFICATI'ON 1.NicholasP.Vernall.SeniorVicePresidentandRegionalHeadof Surety at:Guarantee,Americas lNSURANCECOMPANY.doherebycertify thattheforegoing Powerot‘Attorncy and the Resolutionsat“ 2015,havenot beenrevokedandarenow infullforceandeither. ot‘EULl-IRHERMESNORTHAMERICA the Boardol‘l)irectots ofOctober1, Signed andsealedthis 9th day of anua _.20 25 . I m NicholasP.Vernall.SeniorVicePresidentandRegional Head:9meerandGum-arms.Americas EulerHermesNorthAmericalnutnmcc('outpunyanditsaf?liateddebtcollectioncompanyarepanoFtlteAllianlgruttp andmanteltheirproductsandmines usirulhe'AliilneTmte'trademar Agenda Item #6.A.24 Mar 2025 Page 35 of 182 city of“HEW.Flam Procurement Award Form (PAF) New:men Part 1:Form Type JPACAward Request and Administrative Details Goods and/orServices:ITS-1589314 Storm Sewer Replacement and New Construction Requested Action/Authority: Recommendapproval ofaward to .laxUtilitiesManagment,Inc.as the lowest responsive,responsible bidder inthe total not-to-exceed award amount of $14,591,777.04for the initialthree-year term.Period ofservice willbe from October 1,2024 through Justification/Explanation: lax Utilities Managment,lnc.submitted the lowest responsive,responsible bid.Funding source -bedetermined based on projects Name:Name: Members who Approve:3 Members Who Disapprove:0 Other Action:N/A Date:10/3/2024 Part 2:JPAC Actions on Above Requests/Recommendations Part 3:Final Awarding Authority Action AllAwardActlons Subject to LawfullyAppropnated Funds Action:Approved Date:10/3/2024 -_rants-u:Signature.5‘--.m :Wan Dustin L Freeman LegalContract #:TBD Contract Date:10/01/2024 Change Order/AMD#:N/A PO/Release#2 N/A BidDate:08/29/2024 Awarded Supplier:Jax UtilitiesManagement,lnc. LicensesVeri?ed:Yes EffectiveDate:10/03/2024 Basis of Award:LPTA Federally Funded:No No.Invited:142 Responses Received:2 Attachments: Solicitation:lTB -15393 -24 Procurement Contract it:POA —TBD ? Executed 3V1 Of?ce ofGeneralCounsel WPoP:Base:3years Options:one (1)two-year renewal option Extension(s):N/A JSEBRec.:Participation 96:25 BondsWaived Pursuant To:N/A Fund:00000 Center:000000 Acct:000000 Proj:00000000 Activity:0000000000 5 14,551,77704 Fund:Center:Acct:Proj:Activity:5 Fund:Center:Acct:Proj:Activity:5 New NTE/GMP:$14.591.777.04 Contingent Amount:5 0.00 DMP/ODPOAmount:5 0.00 Using Agency/BU:PWGM:R-O-W_AND_STORMWATER_MAlNTENANCE Concurrence:2.7.29:...Title:CHIEFOFRIGHTOFWAY ANDSTORMWATERMAINTENANCE 9/16/2024 Concurrence:m 5%Title:DIRECTORor puguc WORKS 9/18/2024 Concurrence: m Title: Concurrence:Title: Procurement Analyst/Buyer:[aw Chiefof Procurement:9/23/2024 -:In-a’snu:David Klages "x?‘7 with one (1)two—year renewal opfcr Dochs'lgnEnvdope ID:33CA83CF-6F68-41OB- Agenda Item #6.A.24 Mar 2025 Page 36 of 182 FDA-7155525 “OCT-2024 0 1 591 777.04 USD "345893-24 CP-0095-24 ! 1"xi; 5./ Sold To City of Jacksonville SuppliérJax Utllitiss Management.Inc. 111 West Dwal Street A,mammal":Suite 375 9 JA W LLE,FLORIDA32205 JACKSONVILLE.FL32202 3:Jeff;3'Notes Inawordanoe with lTB-15893-24(CF-009525)>§3bmeewer Replacement and New Consuuc?on -NorthArea (contract #71555-25). 30-Sep-2024 29-Sep-2027 on Best W David Klages dklagosgcojmet Not so might Prepaid This Order is subject to the Genelal Conditionsattached hue to.Manufactum‘sFederal excise tax exempt no 59-89-0120K FloridaState sales and use tax exemption no.85801262160708 Approved by DustinL.Freeman,Chiefof ProcurementDivisio ’ ContractPurchase Agreement POA-71555- Agenda Item #6.A.24 Mar 2025 Page 37 of 182 PP PP PP FL qy y) E 92JL( AMT“:/¢Ay‘[i 6"M:W,"M Cp ‘4/, ”-4 , M, 94'4}wk'31, __, ?rst 7,.5“)KIM}: “t”~,-\,,WHEN- b«m -:9, W:n z'pr .31.x;a;"9/. I7.000n $4.620.0U 5 [0,662.00 “5336.00 535.868.()() 53l.()()8.()0 $1277.00 $2.|()5.()0 $2405.00 $1987.00 SEN-1.00 33.9841)“ $5.520.()0 $44.00 3‘)l.00 $71M | $75.57 $96.85 $|28.78 “70.77 SELL“! $25101 $3:I.00 35“)878 $48 I.29 $597.12 $84.37 $95.08 $1 33.75 Si 76.28 ‘32“4.44 KUWQ: $37 |.27 $455.07 $572.0} "$538.00 $387.37 $118.19 gull) $78.83 $81 .H) $81 0‘) $04.96 $1 I L38 8 l53.l5 $305.02 $391.35 $378.00 560.43 375. Item No. A1 A2 A3 A4 A5 A6 A7 A8 A9 A10 A11 A12 A13 A14 A15 A16 A17 A18 A19 A20 A21 A22 A23 A24 A25 A26 A27 A28 A29 A30 A31 A32 A33 A34 A35 A36 A37 A38 A39 A40 A41 A42 A43 A44 A45 A46 A47 A48 A49 A50 STORM SEWER REPLACEMENT AND NEW CONSTRUCTION -NORTH AREA SitePreparation:Percentage of Total Work Performed NotIncluding SCHEDULE A:COJ NORTH AREA Description Unit %Mobilization,MOT,and Messa eboards Mobilization 30"to 42" Mobilization 48"to 60" Mobilization (15"to 24"i e or e uivalent EA i e or e uivalent EA i e or e uivalent EA i e or e uivalent EAMobilization66"to 72" Mobilization Box culvert EA Mobilization (Roadwa and R1 ht of Wa EA Mobilization As haltic Concrete Millin >50 s .ds.EA Mobilization As haltic Concrete Pavin )EA Maintenance of Traf?c (Two Lane,2-wa traf?c)EA Maintenance of Traf?c Multi Lane,l—wa traf?c EA Maintenance of Traf?c Multi Lane,2-wa traf?c EA Maintenance of Traf?c (Closure)EA Parkin Meter Closure EA Messa e Board DY 15"R.C.P.LF 18"R.C.P.LF 24"R.C.P.LF 30"R.C.P.LF 36"R.C.P.LP 42"R.C.P.LF 48"R.C.P.LP 54"R.C.P.LP 60"R.C.P.LF 66"R.C.P.LP 72"R.C.P.LF 12"X 18"E.R.C.P.LP 14"X 23"E.R.C.P.LP 19"X 30"E.R.C.P.LF 24"X 38"E.R.C.P.LP 29"X 45"E.R.C.P.LF 34"X 53"E.R.C.P.LF 38"X 60"E.R.C.P.LP 43"X 68"E.R.C.P.LF 48"X 76"E.R.C.P.LF 53"X 83"E.R.C.P.LF 58"X 91"E.R.C.P LP 15"C.M.P.LF 18"C.M.P.LP 24"C.M.P.LF 30"C.M.P.LF 36"C.M.P.LF 42"C.M.P.LF 48"C.M.P.LF 54"C.M.P.LF 60"C.M.P.LF 66"C.M.P.LF 72"C.M.P LF 13"X 17"C.M.P.A.LF 15"X 21"C.M.P.A.LF Est. Qt. 14 14 UIMLIINQQ4;; 15 30 100 100 134 134 134 134 34 134 68 68 34 68 300 134 134 134 134 68 68 34 34 34 34 300 134 134 134 134 34 134 68 68 34 68 300 134 Unit Extended Price Price $602,571.78 $64,806.00 $149,268.00 $92,016.00 $155,208.00 $62,016.00 $16,385.00 $10,525.00 $10,525.00 $44,805.00 $14,056.00 $3,984.00 $82,800.00 $1,320.00 $9,100.00 $7,011.00 $10,126.38 $12,977.90 $17,256.52 $22,883.18 $7,286.54 $33,903.34 $21,832.08 $27,117.04 $16,363.86 $40,604.16 $25,311.00 $12,861.32 $17,788.50 $23,621.52 $31,950.96 $20,822.96 $25,450.36 $15,472.3 8 $19,479.62 $19,992.00 $30,170.58 $20,487.00 $9,540.80 $10,563.22 $10,867.40 $11,134.06 $3,228.64 $15,326.92 $10,346.20 $13,941.36 $9,905.90 $25,765.20 $19,926.00 $10,122.36 Agenda Item #6.A.24 Mar 2025 Page 38 of 182 ‘y a pp pp J p pp 3 5 pp pp p pp 5 (g pp pp 4 p pp 3 5 pp pp J p pp 5 2 pp pp J P P? g (4,pp pp p pp 5 J pp pp p pp g 5 pp pp p JP g A;pp pp P PP g (3 pp pp J p pp p g pp pp J p pp ) gL ) p pp q I p pp q t p pp q I p pp q J p pp q t p pp «1 ) vp -,{vul? c\r.:c r n ‘ .k'Jz‘AH ,\}luLQQC1raCAm[A.L\jJ0t(({1’}‘ma1u6cRML’2)CO,\r.7)Lu?[‘4‘~\\1,t_Jc a";Cup A»wig!)1 db»- $83.09 $87.41 1003.50 8I34.88 $182.36 $268.69 $3 I5.00 $344.23 $426.24 $70.04 $70.00 $83.00 ’0I33.00 $146.00 $206.00 $2 I5.44 1820. 77335.09 $130.00 $4 W 32.53800 $750.00 $140400 $850.00 54. 450130$1370.00 $0,304.00 5I.‘10000 $8.808 00 81.45000 $I 2.12800 82.10000 34I5080.00 3‘LSIIII00 M04.“.00 3s4.850 00 817.43200 8£800.00 8 I8.7.~'000 83.00100 .80).!II00 $4.00 .00 $2,875.00 $4.00 $23.50 5»I51200 51.43200 $1766.00 ‘53550.00 33.05008 $4007.:I Item No. A51 A52 A53 A54 A55 A56 A57 A58 A59 A60 A61 A62 A63 A64 A65 A66 A67 A68 A69 A70 A71 A71a A72 A72a A73 A733 A74 A74a A75 A75a A76 A76a A77 A77a A78 A78a A79 A79a A80 A80a A81 A81a A82 A83 A84 A85 A86 A87 A88 A89 A90 STORM SEWER REPLACEMENT AND NEW CONSTRUCTION NORTH AREA SCHEDULE A:COJ NORTH AREA Description 20"X 28"C.M.P.A. 24"X 35"C.M.P.A. 29"X 42"C.M.P.A. 33"X 49"C.M.P.A. 38"X 57"C.M.P.A. 43"X 68"C.M.P.A. 47"X 71"C.M.P.A. 52"X 77"C.M.P.A. 57"X 83"C.M.P.A. 15"RP HP STORM PIPE 18"RP HP STORM PIPE 24"PP HP STORM PIPE 30"PP HP STORM PIPE 36"RP HP STORM PIPE 42"RP HP STORM PIPE 48"PP HP STORM PIPE 54"PP HP STORM PIPE 60"PP HP STORM PIPE Box Culvert Concrete Box Culvert Reinforcin Steel Strai ht Concrete Endwall(Sin 1e15"i eor ' For Multible Pi e,Ad‘ust er additional i e Strai ht Concrete Endwall (Sin le18"i eor ' For Multible Pi e,Ad'ust er additional i e Strai ht Concrete Endwall Sin le 24"i eor ' For Multible Pi e,Ad‘ust er additional 1 e Strai ht Concrete Endwall (Sin le 30"i eor ' For Multible Pi e,Ad'ust er additional i e Strai ht Concrete Endwall (Sin 1e36"i eor ' For MultiblePi e,Ad'ust er additional i e Strai ht Concrete Endwall Sin le 42"i eor ' For Multible Pi e,Ad'ust er additional i e Strai ht Concrete Endwall (Sin le 48"i eor ' For Multible Pi e,Ad'ust er additional i e Strai ht Concrete Endwall (Sin le 54"i eor ' For Multible Pi e,Ad'ust er additional i e Strai htConcrete Endwall (Sin le 60"i eor ' For Multible Pi e,Ad‘ust er additional i e Strai ht Concrete Endwall Sin 1666"i eor ' For Multible Pi e,Ad'ust er additional i e Strai ht Concrete Endwall (Sin le 72"i eor ' For Multible Pi e,Ad'ust er additional i e Box Culvert Endwall(Concrete Box Culvert Endwall Reinforcin steel Sand-Cement Ri Ra Endwall End Section (15"i eor 'ee uivalent End Section (18"Pi eor ee uivalent) End Section 24"Pi eor ee uivalent) End Section 30"Pi eor ee uivalent) End Section 36"Pi eor ee uivalent) End Section 42"Pi eor ee uivalent H.H.b—l-.—..—-..—- ee ee ee ee ee 66 CC CC CC 66 ee uivalent uivalent uivalent uivalent uivalent uivalent uivalent uivalent uivalent) uivalent uivalent) Unit LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF CY LB EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA CY LB BAG EA EA EA EA EA EA Est. Q . 134 134 134 34 134 68 34 34 34 300 134 134 134 134 34 134 68 68 17 1,000 GoNNNNNNNNNNNNNWNWNWNWN 14 4,000 334 8 NOOOOOOOO Unit Price Extended Price $11,134.06 $11,712.94 $13,881.06 $4,585.92 $24,436.24 $18,270.92 $10,713.06 $11,703.82 $14,492.16 $21,192.00 $10,184.00 $11,122.00 $17,688.00 $19,564.00 $7,004.00 $28,868.96 $21,812.36 $22,786.12 $37,570.00 $4,990.00 $20,304.00 $1,500.00 $25,312.00 $1,700.00 $35,648.00 $2,540.00 $51,152.00 $2,400.00 $70,464.00 $2,900.00 $24,456.00 $4,400.00 $31,372.00 $7,600.00 $32,882.00 $7,700.00 $34,864.00 $7,720.00 $37,500.00 $7,820.00 $38,222.00 $8,202.00 $40,250.00 $19,960.00 $7,515.00 $10,576.00 $11,376.00 $22,128.00 $28,448.00 $31,600.64 $8,014.42 Agenda Item #6.A.24 Mar 2025 Page 39 of 182 PP PP PP R )YP )P l )P VP )‘P w VP YP (DVP 3P VP (DY? H7 VP P JP vp LP 54.30534 $4509.02 34.053.00 $1226.00 $450.00 85.24100 556:6. 00$5020.00 $702.00 $9502.00 ‘SQI1.75 54.48500 $30 400 $5.48 I.00 $455.00 $0478.00 $540.00 $7382.00 $507.00 30.16388 $578.00 $7.O(\,‘\.73 $800.00 $8.I42.00 $860.01) $0574.00 3L!|I35 $0045 00 InI.03500 S!I.805.00 Sl.lx0.00 “1700,00 ‘5I.I00.00 ‘51).I3400 5 [277.50 $I 1.830 00 “377.00 “4007.00 51.1%.‘00 305.710.00 SI.“:00 34.4 48.00 SOI0.00 30.124 00 $022.00 $7001.00 $70I.00 $8078.00 ‘5I27700 1%“)98000 ISL- Item No. A91 A92 A93 A94 A94a A95 A95a A96 A96a A97 A97a A98 A98a A99 A99a A100 A100a A101 A101a A102 A102a A103 A103a A104 A104a A105 A105a A106 A106a A107 A107a A108 A108a A109 A109a A110 A110a A111 Allla A112 A112a A113 A113a A114 A114a A115 A115a A116 A116a A117 A117a STORM SEWER REPLACEMENT AND NEW CONSTRUCTION -NORTH AREA SCHEDULE A:COJ NORTH AREA Description End Section (48"Pi e or i e e uivalent) End Section (54"Pi e or i e e uivalent End Section (60"Pi e or i e e uivalent T e "C"Inlet (4‘de th For AdditionalDe th,Ad'ust er foot T e "E"Inlet 4'de th For AdditionalDe th,Ad'ust er foot Curb Inlet (Sin le,4'de th For Additional De th,Ad'ust er foot Curb Inlet Double,4'de th For AdditionalDe th,Ad‘ust er foot Curb Inlet Stonn Sewer 48"ID.4'de th For Additional De th,Ad'ust er foot T e "B"Inlet (3‘x 6',4‘de th or e uivalent area) For Additional De th,Ad'ust er foot T e "B"Inlet Sin le 3'x 8',5'de thor e uivalent area For Additional De th,Ad’ust er foot T e "B"Inlet Double 3'x 8‘,5'de th or e uivalent area For AdditionalDe th,Ad'ust er foot T e "B"Inlet (4'x 4',5'de th or e uivalent area For Additional De th,Ad'ust er foot T e "B"Inlet 4'x 6',5'de th or e uivalent area) For Additional De th,Ad'ust er foot T e "B"Inlet Sin le 4'x 8',5'de th or e uivalent area) For Additional De th,Ad‘ust er foot T e "B"Inlet ouble 4'x 8',5'de th or e uivalent area For Additional De th,Ad'ust er foot T e "B"Inlet (5'x 6',5'de th or e uivalent area) For Additional De th,Ad'ust er foot T e "B"Inlet (Sin le 5'x 8',5'de th or e uivalent area For Additional De th,Ad'ust er foot T e "B"Inlet ouble 5‘x 8',5'de th or e uivalent area For Additional De th,Ad'ust er foot T e "B"Inlet (Sin 1e6'x 8',5‘de th or e uivalent area) For Additional De th,Ad'ust er foot T e "B"Inlet (Double 6'x 8',5'de th or e uivalent area For Additional De th,Ad'ust er foot T e "B"Inlet Sin 1e8'x 8',5'de th or e uivalent area For Additional De th,Ad'ust er foot T e "B"Inlet (Double 8'x 8',5'de th or e uivalent area For AdditionalDe th,Ad'ust er foot J-1 Manhole (4'de th) For AdditionalDe th,Ad'ust er foot I-1-A Manhole 4‘de th For AdditionalDe th,Ad'ust er foot J-l-B Manhole 5'de th For Additional De th,Ad'ust er foot J-l-C Manhole 5'de th For Additional De th,Ad'ust er foot J—l-DManhole 5'de th For Additional De th,Ad’ust er foot Unit EA EA EA EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF EA LF Est. QN-Ji-N-kNOONOONNMNNMNMMNNNNNNNNNNNNNNNNNNNNNNbNANwNNNNN-RN Unit Price Extended Price $8,610.68 $18,036.08 $9,306.00 $6,452.00 $900.00 $10,484.00 $1,232.00 $40,160.00 $1,404.00 $38,008.00 $1,823.50 $17,940.00 $728.00 $10,962.00 $910.00 $12,956.00 $1,080.00 $14,765.32 $1,134.00 $12,325.76 $1,156.00 $14,127.44 $1,732.00 $16,284.00 $1,732.00 $21,148.00 $2,222.46 $19,890.00 $2,046.00 $23,730.00 $2,378.00 $25,532.00 $2,380.00 $26,248.00 $2,555.00 $27,652.00 $2,554.00 $29,214.00 $2,474.00 $31,402.00 $2,886.00 $8,896.00 $1,220.00 $48,992.00 $1,244.00 $63,208.00 $1,522.00 $34,712.00 $2,554.00 $43,920.00 $2,886.00 Agenda Item #6.A.24 Mar 2025 Page 40 of 182 PP) PP) PP) PP) I )P “7 PP PP PP PP q PP PP PP PP PF 5} P) ‘l P) p) P PJ( g ( g1 VP at }p Item No. A118 A118a A119 A1193 A120 A121 A122 A123 A124 A125 A126 A127 A128 A129 A130 A131 A132 A133 A134 A135 A136 A137 A138 A139 A140 A141 A142 A143 A144 A145 A146 A147 A148 A149 A150 A151 A152 A153 A154 A155 A156 A157 A158 A159 A160 A161 A162 A163 A164 A165 A166 STORM SEWER REPLACEMENT AND NEW CONSTRUCTION -NORTH AREA SCHEDULE A:COJ NORTH AREA Description I—1—EManhole(5'de th For AdditionalDe th,Ad'ust er foot J-l-F Manhole (5'de th For AdditionalDe th,Ad'ust er foot Manhole or InletConversion to Sewer Con?ict Manhole Brick Manholeor Inlet Pi e Encasement 15"to 18" Pi e Encasement (21"to 24" Pi e Encasement (30"to 36" Pi e Encasement (42"to 48" Pi e Encasement (54"to 60" Pi e Encasement 66"to 72" Connect 15"to 24"or e uivalent i e to existin structure Connect (30"to 42"or e uivalent i e to existin structure) Connect (48"to 60"or e uivalent i e to existin structure Connect (66"to 72"or e uivalent i e to existin structure Connect (New structure to existin 15"to 24"or e uivalent Connect (New structure to existin 30"to 42"or e uivalent Connect New structure to existin 48"to 60"or e uivalent Connect (New structure to existin 66"to 72"or e uivalent Pi e Cou lin (10"to 18"or e uivalent Pi e Cou lin (24"to 36"or e uivalent Pi e Cou lin (42"to 54"or e uivalent Pi e Cou lin 60"to 72"or e uivalent Well Points >8'dee B ass Pum in >4"suction/dischar e Sand Ba 5 ba ?lled with sand,install and remove) Pi e Plu 15"to 30"or e uivalent,install and remove) Pi e Plu (36"to 54"or e uivalent,install and remove) Pi e Plu 60"to 72"or e uivalent,install and remove Steel Sheetin Install and remove Steel Plates Install and remove Concrete &Steel Modi?cation (To endwall,inletor manhole Brick Ad'ustment To existin inlet or manhole) Brick Modi?cation To inlet,manhole or end section) Sawcut Modi?cation To inlet,manhole or end section,,8"de th Manhole Cover and Frame Catch Basin or Curb Inlet Grate and Frame Curb Iron T e "E"Grates and Frames (Traf?c bearin 1"Steel Plate Includin o enin s) As haltic Concrete Pavement Re air (Case X As haltic Concrete Concrete Removal,Haul and Dis osal >6"de th As halt Millin 1.5"de th StabilizedSub rade (Vehicular Traf?c Bearin Areas Limerock(6"Lift) Limerock (Additional 1"lift) Crushed Concrete (6"Lift) Crushed Concrete Additional 1"li? Extra Foot of Trench Cut 7'de th e e uivalent e e uivalent e e uivalent e e uivalent e e uivalent i i i i i i ee uivalent H.H.H.H. Unit EA LF EA LF EA CF SY SY SY SY SY SY EA EA EA EA EA EA EA EA EA EA EA EA DY DY BAG DY DY DY SF SF CY LF SF LF EA EA EA EA SF SY SY SY SY SY SY SY SY LF Est. Qt. OONNNN 334 668 68 18 14 NM 34 2,000 68 200 668 168 168 168 168 168 200 Unit Price Extended Price $24,514.00 $3,222.00 $27,986.00 $3,044.00 $61,352.00 $10,821.60 $913.92 $949.28 $1,027.82 $1,088.00 $612.00 $702.00 $7,750.00 $8,630.00 $4,728.00 $3,100.00 $10,330.00 $11,350.00 $5,240.00 $1,560.00 $4,528.00 $2,640.00 $1,510.00 $1,724.00 $142,400.00 $62,578.00 $3,618.00 $3,187.50 $7,310.00 $6,896.00 $11,429.48 $3,196.00 $31,904.00 $3,232.00 $1,602.00 $518.00 $1,426.00 $1,336.00 $2,052.00 $2,900.00 $986.00 $136,000.00 $32,980.00 $4,322.00 $13,206.36 $2,718.24 $5,925.36 $1,125.60 $5,925.36 $1,125.60 $5,858.00 $I2.257.00 $l.0|1.00 SI3.99300 SI.522.00 $1069.00 $32.40 $20.88 $37.92 $3023 $32.00 $34.00 $19.00 $775.00 $803.00 $I.Ix_.00 $550.00 Sl.0:,2.00 SLI 15.00 Sl.?l0.00 5I56000 $500.00 $060 00 $755.00 $362.00 ‘57l100 $407.00 $37.00 $91.75 $315 00 $803.00 $171 I $47.00 33.03::00 3540400 $39.00 8:700 571 ‘..00 $003 00 M01000 3!.45000 $20 00 $03.00 $485.00 $2!()1 $0177 “(H8 $33.27 30.71) $35.27 30 m $29.20 Agenda Item #6.A.24 Mar 2025 Page 41 of 182 “’P D ) ) P p ) 1y ) > P [y lv ) y) )p ) ) ) p) ) P( p p P p ( U FF 3’( gt 2 ( ( ( E 2 n ly (P (P (A) (N )P v.01 aw:r!.p.)-.$‘., Item No. A167 A168 A169 A170 A171 A172 A173 A174 A175 A176 A177 A178 A179 A180 A181 A182 A183 A184 A185 A186 A187 A188 A189 A190 A191 A192 A193 A194 A195 A196 A197 A198 A199 A200 A201 A202 A203 A204 A205 A206 A207 A208 A209 A210 A211 A212 A213 A214 A215 A216 A217 STORM SEWER REPLACEMENT AND NEW CONSTRUCTION -NORTH AREA SCHEDULE A:COJ NORTH AREA Description Over Excavation (contin enc A-3 Fill Contin enc item,delivered,hauled and laced) Stone 0.57 or e uivalent,delivered,hauled and laced) Ditch Re radin (0'-4‘bottom,from 0'-4‘in de th) Ditch Re radin 0'-4'bottom,from 4'-8‘in de th) Ditch Re radin 4'-8'bottom,from 0'to 4'in de th Ditch Re radin 4'-8'bottom,from 4'to 8'in de th Roadside ShoulderGradin Ditch Excavation Curb &Gutter (Ci standard,median,dro ,header &Miami Concrete Sidewalk (4"de th Concrete Sidewalk 5"de th Concrete Sidewalk 6"de th Concrete Handica ed Ram 5"de th Concrete Drivewa 5"de th Concrete Drivewa (6"de th Concrete Ditch Pavement (4"de th Concrete Tumdown (4"width X 18"de th Miscellaneous Concrete Non-reinforced Miscellaneous Concrete Reinforced) Ri -Ra (Over ?lter fabric) Utili Access Ad'ustment Tree Removal (6"to 12"diameter Tree Removal (13"to 24"diameter) Tree Removal 25"to 36"diameter Tree Removal >36"diameter ad'ust er 4"additionaldiameter Grass Sod (St.Au ustine,Bahia,Bermuda,other common e Grass Sod (Centi ede,Zo sia,other 5 ecial sod) Seed and Mulch Fence (Ci Standard,Chain Link,4'hei ht) Fence Ci Standard,Chain Link,5'hei ht Fence Ci Standard,Chain Link,6'hei ht Fence (Wood Privac ,All ResidentialS les,6'hei ht Fence (Vin lPrivac ,All Residential S les,6'hei ht Fence (Vin lPrivac ,All Residential S les,8'hei ht) Guardrail (Strai ht Guardrail Sho -Bent Guardrail S ecial Post Guardrail S ecial Steel Post Guardrail (S ecial Len h Post) Guardrail Post Re lacement) Guardrail Anchora e Assembl ) Guardrail Anchora e Assembl Concrete Barrier Wall Guardrail End Anchora e Assembl Pavement Markin s Painted Stri es and Sto Bars,all colors Pavement Markin s (Thermo lastic Stri es and Sto Bars,all colors Pavement Markin s (Painted Arrows,S mbols,etc.,all colors) Pavement Markin s (Thermo lastic Arrows,S mbols,etc.all colors) Pavement Markin s (Retro-Re?ective Pavement Markers) Inductive Loo Assembl (T e F-6'x 30')(660-2—106) 6"PVC DR—18Pi e or e uivalent Unit CY CY CY LF LF LF LF SY CY LF SY SY SY SY SY SY SY LF CY CY SY EA EA EA EA EA SY SY SY LF LF LF LF LF LF LF LF EA EA EA EA EA EA EA SF SF SF SF EA EA LF Est.Unit Qt .Price 200 2,000 668 34 34 34 34 2,000 68 668 334 68 68 68 334 68 34 34 334 18 20 10 1,334 1,334 668 334 168 168 168 100 50 54 20 )—A“000009#4)“ 54 54 34 34 14 10 Extended Price $2,066.00 $38,840.00 $41,416.00 $319.60 $363.80 $414.46 $470.56 $18,880.00 $2,992.00 $29,238.36 $20,708.00 $4,624.00 $5,576.00 $6,052.00 $22,044.00 $4,624.00 $3,332.00 $714.00 $14,072.00 $19,824.00 $22,044.00 $2,682.00 $13,460.00 $20,080.00 $14,832.00 $27,260.00 $14,020.34 $16,741.70 $2,818.96 $14,696.00 $9,744.00 $13,272.00 $12,936.00 $7,900.00 $4,450.00 $2,797.20 $1,381.80 $1,800.00 $1,800.00 $2,240.00 $1,206.00 $28,568.00 $14,284.00 $1 1,512.00 $174.96 $233.28 $146.88 $256.70 $448.00 $8,156.00 $340.00 $l(L33 Sl9‘42 $62.00 $9.40 $10070 $12.|9 $13.84 $9.44 $44!“) $43.77 $63.00 $68.00 $83.00 38900 $66.00 36800 $9800 SZIJN) 3I.75900 $1478.00 $66.00 $I401u) $073 00 Simmno ‘5{708.00 $68”()0 SSXKM) 5791“) K771u) S?xuu sxvxn) $5180 $091“) $2251“) $22>1NI SIXOtN) $071“) SLS7Luu $§.57|4u) $3.8781n) 81:4 34‘3: $4.2 515$ 333(N) $L07xnu $341") «a; Agenda Item #6.A.24 Mar 2025 Page 42 of 182 P ‘1 P ‘1 F q F q F q u g<FJ V) g(g) (PJ $35 .00 $30.00 $40.00 $42.00 $43.00 $84.00 $167.00 $3 I3.00 $442.00 $737.00 3i057.00 $30 I.00 STORM SEWER REPLACEMENT AND NEW CONSTRUCTION -NORTH AREA SCHEDULE A:COJ NORTH AREA Item No.Description Unit git 19:11::Exltf giedA2186"PVC DR-25 Pi e or e uivalent LF 10 $350.00 A219 8"PVC DR-18 Pi e or e uivalent LF 10 $390.00 A220 8"PVC DR-25 Pi e or e uivalent LP 10 $400.00 A221 12"PVC DR-18 Pi e or e uivalent LF 10 $420.00 A222 12"PVC DR-25 Pi e or e uivalent LF 10 $430.00 A223 Underdrain LP 68 $5,712.00 A224 UnderdrainCleanout EA 4 $668.00 A225 UnderdrainConnection EA 4 $1,252.00 A226 FlowableFill CY 34 $15,028.00 A227 COJ Pro'ect Si n or 'obs lastin more than 7 da 3 EA 35 $25,445.00 A228 As-BuiltDrawin 11"x 17"construction drawin EA 4 $7,828.00 A229 Pro'ect Record er 'ob site EA 34 $13,294.00 SCHEDULE A —COJ NORTH AREA TOTAL BID (ITEMS A1 -A229):$4,863,925.68 Instructions: Step 1.Enter the Unit Pricefor each line-item (it will automaticallycalculate the Extended Price). Step 2.Enter the TOTAL BID amount in the "Lines"tab in 1Cloud. Note:When entering the Unit Price,use only two digits past the decimal point.If more than two digits past the decimal point are entered,the rounded off number in the spreadsheet will be the of?cial Unit Price. Agenda Item #6.A.24 Mar 2025 Page 43 of 182 Page 44 of 182 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:9-1-1 Interlocal Agreement FY 2024-2025 SUBMITTED BY:Victor Gualillo,Chief of Police TODAY’S DATE:March 06,2024 MEETING DATE:March 24,2025 BACKGROUND:Duval County collects a user fee on all telephone lines in the county to offset the costs of providing E911 service.The City of Jacksonville purchases the E911 emergency equipment for the answering stations within Dual County which includes the three beaches cities. The City of Atlantic Beach will receive a distribution proportion of the 9-1-1 User Fees calculated by taking the total call taker salary and bene?ts from Atlantic Beach and multiplying that amount by the percentage of estimatedemployees whose sole responsibility is to answer E911 calls in lieu of dispatching calls via the police radio system.Since the City of Atlantic Beach employs Emergency Communications personnel who function in the dual roll of 911 Call Takers and Police Dispatchers,our distribution is calculatedusing data from call takers employed with the JacksonvilleSheriff’s Of?ce. According to the attached amendment from the City of Jacksonville,the ?scal year distribution amount for FY 2024-2025 is $97,869.86.The distribution amount for the previous ?scal year,2023—2024,was $77,528.47. BUDGET:The maximum amount to be distributed by the City of Jacksonville as a result of this calculation to Atlantic Beach for Fiscal Year 2024-2025 is NINETY-SEVEN THOUSAND EIGHT HUNDRED SIXTY-NINE and 86/100 DOLLARS ($97,869.86). RECOMMENDATION:Staff recommends the approval of the 9-1-1 Interlocal Agreement for the distribution of 9-1-1 funds for call taker salaries.Staff also recommends authorization for the City Manager to sign the 9-1-1 Interlocal Agreement between the City of Atlantic Beach and the City of Jacksonville. ATTACHMENT(S):9-1-1 Interlocal Agre me t REVIEWED BY CITY MANAGER: Agenda Item #6.B.24 Mar 2025 Page 45 of 182 AGREEMENT FOR 911 USER FEE DISTRIBUTION (City of Atlantic Beach) This Agreement for 911 User Fee Distribution (this “Agreement”)is dated ,2024,and is between the Jacksonville Sheriff’s Of?ce,an of?ce organized and existing under the charter and ordinance code of the City of Jacksonville (“JSO”),and the City of Atlantic Beach,a municipal corporation in Duval County,Florida (“Atlantic Beach”). Whereas,the parties want to enter into this Agreement for the purpose of distributing proceeds collected and set aside Via the 911 user fee to be used to pay a portion of the salaries and related expenses for 911 call takers for that portion of their time spent answering and handling 911 calls under the provisions of section 365.172,Florida Statutes,as authorized to be imposed by the governing body of Duval County,Florida. Whereas,the City of Jacksonville’s City Council,acting as the governing body of Duval County, Florida,has authorizedthe feescollectedto be used to fund this Agreement wherein Atlantic Beach will receive its pro rata share,to be used for lawful purposes. Now,therefore,the parties agree as follows: 1.Calculation of Distribution. (a)Atlantic Beach shall receive a distribution proportion of the 911 user fee (the “Distribution”)calculated by taking the total call taker salary from Atlantic Beach, multiplying that amount by the portion attributed to 911 calls versus administration calls not to include dispatching calls (if not available,the ISO percentage will be utilized),and multiplying that amount by the ?ve-year weighted average of 911 calls (if calls are not segregated by emergency/non-emergency,then the JSO average will be utilized). (b)If the available net revenues (total 911 revenue less 911 administration salaries and bene?ts and operating expenses)are greater than or equal to the total calculated Distributions of the ?ve public safety answering points,that isJSO,the City of Jacksonville Fire Department,the City of Atlantic Beach,the City of Jacksonville Beach,and the City ofNeptune Beach (collectively,the “PSAPs”),then the entire Distributionwill beavailable to Atlantic Beach.If the available net revenues are less than the total calculated Distributions of the PSAPS,then Atlantic Beach will receive itspro rata share based on the percentage of its Distribution to the total calculated Distribution of the PSAPs. (c)The maximum amount to be distributed by ISO to Atlantic Beach as a result of this calculation for ?scal year 2024—2025 is NINETY-SEVEN THOUSAND EIGHT HUNDRED SIXTY-NINE AND 86/100 DOLLARS ($97,869.86). (d)The Distribution shallbe remitted to the respective citymanager or ?nance director or their designee on a quarterly basis. (e)The salary period covered under this Agreement shall be retroactive to October 1, 2024,and shall continue through September 30,2025. Agenda Item #6.B.24 Mar 2025 Page 46 of 182 I I —_-_-II.I I -I I I III I ,II II II I I .I , I‘l =I _.I I,.m u I I I I I 1|I I'II I I 'II.:.I I _=I .I ,_I 1 II II I -I I -I...__.. I . _.t. II I I II I I .I, II I y‘'TI I .I r II 3 "J‘I K‘II ' II_4 I I I.I:II ... I -I II -v I I I I II --II .I II .-_.III I I II :I .q , I .I |I I .I I I I J 4 I I I I __. II .II I 'I'I '‘.I I III I-'I I,I I II II I II . II I II I.I I --«I II -I III '-II -''Ii -_.I'Il I -.A ~.II..IIII.I: =I I r ,I II .._I I I I 2.Use of Distribution. (a)The 911 user fees collected and distributed as provided in this Agreement shall be utilized only for call taker salaries and associated expenses,in accordance with section 365.172,Florida Statutes. (b)By accepting funds,Atlantic Beach hereby agrees to providean audit or accounting of such funds and the manner in which they were expended in accordance with section 11.45,Florida Statutes. (c)Atlantic Beach hereby acknowledges full payment and performance under all prior agreements on this subject and hereby waives any right to assert any claim for failure of performance in prior years. 3.Termination.Either party may terminate this Agreement at any time and for any reason by notifying the non-terminating party in writing,at which pointthis Agreement will terminate 30 days after the non—terminatingparty receives the notice. 4.Relationship of Parties.Nothing in this Agreement delegates any constitutional or statutory duty of one party to the other party.Except as set forth in this Agreement,neither party shall have any responsibilitywith respect to services providedor the contractual obligationsof the other party.Nothing in this Agreement shall be deemed to constitute that the party is a partner, agent,or local representativeof the other party or to create any type of ?duciary responsibility or relationship of any kind whatsoever between the parties. 5.Recitals.The recitals are accurate and true and are hereby incorporatedin and made a part of this Agreement. 6.Severability.The invalidity or unenforceability of any clause or provision in this Agreement shall in no way affect the validity or enforceability of any other clause or provision. 7.Amendment;Waiver.No amendment or modi?cation of this Agreement will be effective unless it is in writing and signed by the parties.No waiver under this Agreement will be effective unless it is in writing and signed by the party granting the waiver. 8.Governing Law;Venue.This Agreement is governed by the laws of the State of Florida and the ordinances of the City of Jacksonville.Venue for any action arising under this Agreement lies exclusively in the appropriate court in Duval County,Florida. 9.Entire Agreement.This Agreement constitutes the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes all other agreements, whether written or oral,between the parties. 10.Counterparts.This Agreement may be executed electronically and in several counterparts each of which will be deemed an original and all of which will constitute one instrument. Agenda Item #6.B.24 Mar 2025 Page 47 of 182 Witness By: T.K.Waters Sheriff In witness whereof,the parties are signing this Agreement the day and year ?rst written above. Jacksonville Sheriff’s Of?ce Pursuant to section37‘101(m),JacksonvilleOrdinance Code Name: Title: Encumbrance and funding information for internal City use: Account or PO Number: lCloud Account for Certi?cation of Funds Amount The above stated amount is the maximum ?xed monetary amount of the foregoing contract.It shall not be encumbered by the contract.It shall be encumbered by one or more subsequently issued purchase orders that must reference the contract.All ?nancial examinationsand funds control checking will be made at the time such purchase orders are issued. In accordance with section 24.103(e),Jacksonville Ordinance Code,I do hereby certify that there is an unexpended,unencumbered,and unimpounded balance in the appropriation suf?cient to cover the foregoing contract;provided,however,this certi?cation is not,nor shall it be interpreted as,an encumbrance of funding under the contract.Actual encumbrances shall be made by subsequent purchase orders as speci?ed in the contract. Director of Finance City Contract #2 Form Approved: Of?ce of General Counsel GC-#1660098-v1-City_of_Atlantic_Beach_2025_Agreement_for_91]_User_Fee_Distributi0n.docx Name: City of Atlantic Beach Name: Witness Agenda Item #6.B.24 Mar 2025 Page 48 of 182 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM:Ordinance No.75-25-29 SUBMITTED BY:Victor Gualillo,Chief of Police TODAY’S DATE:March 12,2025 MEETING DATE:March 24,2025 BACKGROUND:The authority to locally regulate the operation of bicycles,Electric bicycles and other forms of motorized transportation through adoption of municipal ordinances in the interest of public safety is granted to municipalities by Florida Statutes governing each of these types of devices. Cities throughout Florida and speci?cally northeast Florida are seeing repeated instances where the unregulated operation of these motorized devices is creating a hazard to public safety such that the creation of local laws governing their use is prudent and necessary. This draft ordinance provides for the regulation of motorized devices within city parks,on city trail networks,on unpaved portions of public right of way and upon the beach.The draft ordinance also limits these devices to a maximum speed of 10 mph on city sidewalks. People operating any mobility device (as de?ned within the ordinance)must abide by all the duties and responsibilities required by Florida statute and this ordinance.Operators of mobility devices are likewise requiredto operate those devices in a careful and prudent manner with regard to speed and all the attendant circumstances at that place and time so as not to endanger the life,limb or property of any person. Authority is granted by this ordinance to Atlantic Beach Police Of?cers to enforce the provisions of new Article VIII by issuing a civil ?ne of $50 for violations of this law BUDGET:None RECOMMENDATION:Approve Ordinance No.75-25-29. ATTACHMENT(S):Ordinance No.75-25-29 Florida State Laws relating to Article VIII CITY MANAGER: Agenda Item #9.A.24 Mar 2025 Page 49 of 182 ORDINANCE NO.75-25-29 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL,STATE OF FLORIDA,CREATING WITHIN CHAPTER 21,NEW ARTICLE VIII,REGULATION OF BICYCLES,ELECTRIC BICYCLES, AND PERSONAL MOBILITY DEVICES,OF THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES;PROVIDING FOR ADOPTION OF SAID AMENDMENTS;PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT;PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Chapter 21 of the Code of Ordinances for the City of Atlantic Beach provides for the management of traf?c and motor vehicles;and WHEREAS,the City has determined that “creating a strong sense of belonging and safety”is a City Priority;and WHEREAS,the City has determinedthat it is necessary in the interest of public safety to regulate the operation of bicycles,E-bicycles,and all other motorized devices being operated in public spaces;and WHEREAS,the City has determined that there is no existing municipal ordinance that addresses the operation of bicycles,E-bicycles,and other motorized devices in the City of Atlantic Beach;and WHEREAS,the City has determined that the State of Floridahas granted certain powers to local municipalities to govern the operation of specific classes of vehicles as defined in statute. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:WITHIN PART II,CHAPTER 21;ARTICLE VIII.—REGULATION OF BICYCLES,ELECTRIC BICYCLES,AND PERSONAL MOBILITY DEVICES OF THE CODE OF ORDINANCES IS HEREBY CREATED AS FOLLOWS: Article VIII.-Regulation of Bicycles,Electric bicycles,and Personal Mobility Devices DIVISION 1 -IN GENERAL Sec.21-105.—For the purposes of this chapter,the following words and phrases shall have their respective meanings ascribed to them within this section.Where applicable and appropriate to the context,de?nitions and provisions refer to Florida Statutes and are used in conjunction With these terms and the requirements of this chapter. Ordinance No.75—25-29 Page 1 of 4 Agenda Item #9.A.24 Mar 2025 Page 50 of 182 I I I IIII II‘:I" __‘II -I I I I I I I ' —.«I .I _. I I . I . .-......I‘ II I I =|'I‘ ‘I ‘I 'I'...II ..~—I II I z I .I .I .I .I . I I - 'III .I I '-I 1'' 'I II "I I '-'"' I I I I I .5 I.I .I I II'I ' ‘_II -v I..II I II :I III -.|. II I :I | I I ---i ..11 II '‘I I''I.'‘J .I.I “ 'I I I -~'.=II I =''I l ,._—‘I .I I I ’rl I II I H I'I '"=-’--I I ; I I"II II .-''I .I II :‘I I I II II -I II :I:II, __ I I I I i I In H I-II I I 'I‘T H Sec.21-106.—De?nitions Bicycle shall be de?ned as in §316.003 Florida Statutes,as amended from time to time. Electric bicycle (electric bicycle)shall be de?ned as in §316.003 Florida Statutes,as amended from time to time. Motorized shall mean anything powered by anything other than human muscular power. Personal mobility devices shall mean motorized scooters,micromobility devices,electric personal assistive mobility devices,or a transportation device other than a motor vehicle as de?ned in Florida Statute 316.003. Sidewalkand multi—usepath shall mean that portion of a street between the curbline,or the lateral line,of a roadway and the adjacent property lines,intended for use by pedestrians. Sec.21-107.-Operation on city property (a)Riding bicycles,electric bicycles and personal mobility devices is allowed upon and along the public sidewalks,roadways,and public spaces in the city when these devices are operated solely by human power and when not otherwise restricted by municipal ordinance or state law. (b)When operating bicycles,electric bicycles,personal mobility devices,within the city, these restrictions apply; a.When permitted on sidewalks by Florida State Statute,devices may not exceed 10 MPH on a sidewalk or multi-use pathway. b.These devices may not operate under motorized power or assistance within any city park,upon any city trail network,upon any unpaved portion of a public right of way or upon the beach. (0)Each person who rides or operates a bicycle,electric bicycle or personal mobility device within the city shall comply with all traf?c regulations,signal lights,stop signs and other traf?c-control devices as required in §316.2065,31620655 and 316.2128 Florida Statutes. (d)When not prohibited from a sidewalk by law,a person propelling a bicycle,e-bicycle or personal mobility device upon a sidewalk,across a roadway or upon a crosswalk, shall yield the right-of—wayto any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. (c)Any person operating a bicycle,electric bicycle or personal mobility device upon the streets or sidewalks within the city will do so in a careful and prudent manner,having Ordinance No.75-25-29 Page 2 of 4 Agenda Item #9.A.24 Mar 2025 Page 51 of 182 regard for speed,width,grade,curves,corners,traf?c,and all other attendant circumstances,so as not to endanger the life,limb,or property of any person.Failure to drive in such manner shall constitute careless driving and a violation of this section. (f)No person operating a bicycle,electric bicycle or personal mobility device on a roadway shall exceed the posted speed limit. (g)No person operating a bicycle,electric bicycle or personalmobility device shall carry any package,bundle or article which causes the vehicle to be unstable or dangerous to operate. (h)Of?cial emergency services and law enforcement agencies and city personnel in the course and scope of their duties are exempt from this section. (i)Low Speed Vehicles as de?ned by Florida Statutes must be properly registered and may only be operated on the roadways within the city. (j)In accordance with §316.1995,Florida Statutes,this section does not apply to motorized wheelchairs. Sec.21 108.-Enforcement,penalties and appeals. (a)Law Enforcement of?cers of the city's police department are hereby authorized to enforce the provisions of this Code. (b)At the discretion of a law enforcement of?cer,violations of this section may be enforced as a civil infraction of the city's ordinances or the violator may be cited under Florida Statutes. (c)The civil penalty for violations of this section shall be ($50)?fty dollars. ((1)Any person who receives a civil citation for a violation of this section shall elect either to: (1)Pay the civil ?ne Within thirty (30)days from the date of the infraction,in the manner indicated on the citation.If such payment is not timely paid,a late fee of ?fty dollars ($50.00)shall be imposed on the named violator;or (2)Request a hearing before the Duval County Court to appeal the citation.The request shall be made to the Duval County Clerk of Court in the manner indicated Ordinance No.75-25—29 Page 3 of 4 DIVISION 2 -ENFORCEMENT Agenda Item #9.A.24 Mar 2025 Page 52 of 182 on the citation no later than ten (10)days after service of the citation. (e)Failure of the violator to pay or appeal the civil citation within the prescribed time period shall constitute a waiver of the violator‘s right to a hearing before the county court and shall be treated as an admission of the Violation and penalties shall be assessed per city policy for recovery of outstanding debits. State Law reference—Bicycle regulations §316.2065,Electric Bicycle regulations § 316.20655 and Micromobility devices §316.2128 Florida Statutes. SECTION 1.Pu ose and Intent.The purpose and intent of this Ordinance is to help manage the increasing number of electric and motorized devices being used for transportation and sport on city property and to provide for the safety of the public. SECTION 2.Con?ict.A11ordinances,resolutions,of?cial determinations or parts thereof previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 3.Severabilit .If a Court of competent jurisdiction at any time ?nds 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. SECTION 4.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading this 24thday of February 2025. PASSED by the City Commission on second and ?nal reading this 10thday of March 2025. Donna L.Bartle,City Clerk Curtis Ford,Mayor Approved as to form and correctness: Jason Gabriel,City Attorney Page 4 of 4OrdinanceNo.75-25-29 CITY OF ATLANTIC BEACHAttest: Agenda Item #9.A.24 Mar 2025 Page 53 of 182 to Bic cles e-bic cles scooters mobilit devices etc. 316.008 Powers of local authorities.— (1)The provisions of this chapter shall not be deemed to prevent local authorities,with respect to streets and highways under theirjurisdiction and within the reasonable exercise of the police power, from: (h)Regulating the operation of bicycles. (s)Regulating persons upon skates,coasters,and other toy vehicles. (7)(a)Acounty or municipality may enact an ordinance to permit,control,or regulate the operation of vehicles,golf carts,mopeds,motorized scooters,electric bicycles,and electric personal assistive mobility devices on sidewalks or sidewalk areas when such use is permissible under federal law.The ordinance must restrict such vehicles or devices to a maximum 5 eed of 15 miles er hour in such areas. FSS316.003 Definitions {46)MOTOR VEHICLE—Exceptwhen used in 5.316.1001 0 self-propelled vehicle not operated upon rails or guideway,but not including any bicycle,electric bicycle,motorized scooter,electric personal assistive mobility device,mobile carrier,personal delivery device,swamp buggy,or moped.For purposes of5.316.1001 ”motor vehicle”has the same meaning as provided in s.320.01(1)(a) F55 316.003 Definitions (23)ELECTRICBICYCLE.—A bicycle or tricycle equipped with fully operable pedals,a seat or saddle forthe use ofthe rider,and an electric motor ofless than 750 watts which meets the requirements ofone ofthefollowing three classifications: (a)”Class 1 electric bicycle”means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed of20 miles per hour. (b)”Class2 electric bicycle”means an electric bicycle equipped with a motor that may be used exclusively to propel the electric bicycle and that ceases to provide assistance when the electric bicycle reaches the speed of20 miles per hour. (6)”Class3 electric bicycle”means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed of28 miles per hour. Agenda Item #9.A.24 Mar 2025 Page 54 of 182 316.20655 Electric bic cle re ulations.— (1)Except as otherwise provided in this section,an electric bicycle or an operator of an electric bicycle shall be afforded allthe rights and privileges,and be subject to allof the duties,of a bicycle or the operator of a bicycle,including 5.316.2065.An electric bicycle is a vehicle to the same extent as a bicycle.However,this section may not be construed to prevent a local government,through the exercise of its powers under s.316.008,from adopting an ordinance governing the operation of electric bicycles on streets,highways,sidewalks,and sidewalk areas under the local government’sjurisdiction; to prevent a municipality,county,or agency of the state having jurisdiction over a bicycle path,multiuse path,or trail network from restricting or prohibiting the operation of an electricbicycle on a bicycle path,multiuse path,or trail network;or to prevent a municipality,county,or agency of the state having jurisdiction over a beach as defined in s.161.54(3)or a dune as defined in s.161.54(4)from restricting or prohibiting the operation of an electric bicycle on such beach or dune. (2)An electric bicycle or an operator of an electric bicycle is not subject to the provisions of law relating to financial responsibility,driver or motor vehicle licenses,vehicle registration,title certificates, off-highway motorcycles,or off-highway vehicles. (3)Beginning January 1,2021,manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed in a prominent location to each electric bicycle.The label must contain the classification number,top assisted speed,and motor wattage of the electric bicycle. (4)A person may not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle,unless the label indicating the classification number required in subsection (3)is replaced after such modification. (5)An electric bicycle must comply with the equipment and manufacturing requirements for bicycles opted by the United States Consumer Product Safety Commission under 16 C.F.R.part 1512. (6)An electric bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes are applied. (7)An operator may ride an electric bicycle where bicycles are allowed,including,but not limited to, streets,highways,roadways,shoulders,bicycle lanes,and bicycle or multiuse paths. History.—s.8,ch.2020—69;s.2,ch.2021-20. F55 316.003 Definitions (82}SIDEWALK—That portion ofa street between the curb/ine,or the lateral line,ofa roadway and the adjacent property lines,intended foruse by pedestrians. Agenda Item #9.A.24 Mar 2025 Page 55 of 182 316.1995 Drivin u on sidewalk or bi cle 3th.— (1)Except as provided in 5.316.008 s.316.20655 s.316.212(8),or 5.316.2128 a person may not drive any vehicle other than by human power upon a bicycle path,sidewalk,or sidewalk area,except upon a permanent or duly authorized temporary driveway. (2)Aviolation of this section is a noncriminaltraffic infraction,punishable as a moving violation as provided in chapter 318. (3)This section does not apply to motorized wheelchairs. History.—s.1,ch.71—135;s.1,ch.76-31;s.6,ch.83-68;5.3,ch.84-284;s.150,ch.99-248;s.45,ch. 2010-223;5.2,ch.2019—109;5.6,ch.2020-69. Note—Former s.316.110. F55316.003 Definitions(Segway) (24)ELECTRICPERSONALASSISTIVEMOBILITYDEVICE.—Any self-balancing,two-nontandem- wheeled device,designed to transport only one person,with an electric propulsion system with average power of750 watts (1 horsepower),the maximum speed ofwhich,on a paved level surfacewhen powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds,is less than 20 miles per hour.Electricpersonal assistive mobility devices are not vehiclesas definedin this section. 316.2068 Electric ersonal assistive mobili devices-re ulations. (1)An electric personal assistive mobility device,as defined in s.316.003 may be operated: (a)On a road or street where the posted speed limit is 25 miles per hour or less. (b)On a marked bicycle path. (c)On any street or road where bicycles are permitted. (d)At an intersection,to cross a road or street even if the road or street has a posted speed limit of more than 25 miles per hour. (e)On a sidewalk,ifthe person operating the device yields the right-of—wayto pedestrians and gives an audible signal before overtaking and passing a pedestrian. (2)A valid driver license is not a prerequisite to operating an electric personal assistive mobility device. (3)Electricpersonal assistive mobility devices need not be registered and insured in accordance with s. 320.02. (4)A person who is under the age of 16 years may not operate,ride,or otherwise be propelled on an electric personal assistive mobility device unless the person wears a bicycle helmet that is properly fitted,that is fastened securely upon his or her head by a strap,and that meets the standards of the Agenda Item #9.A.24 Mar 2025 Page 56 of 182 American National Standards Institute (ANSIZ BicycleHelmet Standards),the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling),or any other nationally recognized standards for bicycle helmets which are adopted by the department. (5)Acounty or municipality may regulate the operation of electric personal assistive mobility devices on any road,street,sidewalk,or bicycle path under its jurisdiction ifthe governing body of the county or municipality determines that regulation is necessary in the interest of safety. (6)The Department of Transportation may prohibit the operation of electric personal assistive mobility devices on any road under its jurisdiction if it determines that such a prohibition is necessary in the interest of safety. History.—s.68,ch.2002-20;s.18,ch.2012-174 F55316.003 Definitions (41}MICROMOBILITYDEVICE.—Any motorized transportation device made available for private use by reservation through an online application,website,or softwareforpoint-to-point trips and which is not capable oftraveling at a speed greater than 20 miles per hour on level ground.Thisterm includes motorized scooters and bicycles as definedin this chapter (48)MOTORIZEDSCOOTER.—Any vehicle or micromobility device that is powered by a motor with or without a seat or saddle for the use ofthe rider,which is designed to travel on not more than three wheels,and which is not capable ofpropelling the vehicle at a speed greater than 20 miles per hour on level ground.The term does not include an electric bicycle FSS320.01 (33)”Motorized disability access vehicle”means a vehicle designed primarily forhandicapped individuals with normal upper body abilities and designed to be fueledby gasoline,travel on not more than three wheels,with a motor rated not in excess of2 brake horsepower and not capable ofpropelling the vehicle at a speed greater than 30 miles per hour on level ground,and with a power-drive system that functionsdirectly or automatically without clutching or shifting gears by the operator afterthe drive system is engaged.Ifan internal combustion engine is used,the displacement may not exceed 50 cubic centimeters. 316.2128 Micromobili devices motorized scooters and miniature motorc cles're uirements.— (1)The operator of a motorized scooter or micromobility device has all of the rights and duties applicable to the rider of a bicycle under 5.316.2065 except the duties imposed by s.316.2065(2), (3)(b),and (3)(c),which by their nature do not apply.However,this section may not be construed to prevent a localgovernment,through the exercise of its powers under s.316.008 from adopting an ordinance governing the operation of micromobility devices and motorized scooters on streets, highways,sidewalks,and sidewalk areas under the local government's jurisdiction. Agenda Item #9.A.24 Mar 2025 Page 57 of 182 (2)A motorized scooter or micromobility device is not required to satisfy the registration and insurance requirements of s.320.02 or the licensing requirements of s.316.605. (3)A person is not required to have a driver license to operate a motorized scooter or micromobility device. (4)A person who offers motorized scooters or micromobility devices for hire is responsible for securing all such devices located in any area of the state where an active tropical storm or hurricane warning has been issued bythe National Weather Service. (5)A person who engages in the business of,serves in the capacity of,or acts as a commercial seller of miniature motorcycles in this state must prominently display at his or her place of business a notice that such vehicles are not legal to operate on public roads,may not be registered as motor vehicles,and may not be operated on sidewalks unless authorized by an ordinance enacted pursuant to s.316.008(7)(a)or s.316.212(8).The required notice must also appear in all forms of advertising offering miniature motorcycles for sale.The notice and a copy of this section must also be provided to a consumer prior to the consumer's purchasing or becoming obligated to purchase a miniature motorcycle. (6)Any person selling or offering a miniature motorcycle for sale inviolation of this section commits an unfair and deceptive trade practice as defined in part IIof chapter 501. History.—s.16,ch.2006-290;5.27,ch.2009-21;s.47,ch.2010-223;5.11,ch.2017-150;5.3,ch.2019- 109. FSS316.003 Definitions (47)MOTORCYCLE.—Any motor vehiclehaving a seat or saddle forthe use ofthe rider and designed to travel on not more than three wheels in contact with the ground.The term includes an autocycle,but does not include a tractor,a moped,an electric bicycle,or any vehiclein which the operator is enclosed by a cabin unless it meets the requirements set forthby the National Highway TrafficSafety Administration for a motorcycle. {44)MOPED.—Any vehicle with pedals to permit propulsion by human power,having a seat or saddle forthe use ofthe rider and designed to travel on not more than three wheels,with a motor rated not in excess of2 brake horsepower and not capable ofpropelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that functionsdirectly or automatically without clutching or shifting gears by the operator afterthe drive system is engaged.Ifan internal combustion engine is used,the displacement may not exceed 50 cubic centimeters.The term does not include an electric bicycle. Agenda Item #9.A.24 Mar 2025 Page 58 of 182 316.208 Motorc cles and mo eds.— (1)Any person operating a motorcycle or moped shall be granted all ofthe rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter,except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application. (2)(a)Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations: 1.When overtaking or passing another vehicle proceeding in the same direction. 2.When preparing for a left turn at an intersection or into a private road or driveway. 3.When reasonably necessary to avoid any condition,including,but not limited to,a fixed or moving object,parked or moving vehicle,bicycle,pedestrian,animal,surface hazard,or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge.For purposes of this paragraph,a ”substandard-width lane”is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane. (b)Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable. (3)Aperson propelling a moped solely by human power upon and along a sidewalk,or across a roadway upon and along a crosswalk,has all the rights and duties applicable to a pedestrian under the same circumstances,except that such person shall yield the right-of—wayto any pedestrian and shall give an audible signal before overtaking and passing a pedestrian. (4)No person shall propel a moped upon and along a sidewalk while the motor is operating. (5)Aviolation of this section is a noncriminal traffic infraction,punishable as a moving violation as provided in chapter 318. History.—s.1,ch.71-135;s.1,ch.76-31;5.8,ch.87-161;s.163,ch.99-248. Note—Former s.316.127 F55316.003 Definitions (4}BICYCLE.—Every vehicle propelled solely by human power,having two tandem wheels,and including any device generally recognized as a bicycle though equipped with two frontor two rear wheels.The term does not include a scooter or similar device. (5)BICYCLELANE.—Any portion ofa roadway or highway which is designated by pavement markings and signs forpreferential or exclusive use by bicycles Agenda Item #9.A.24 Mar 2025 Page 59 of 182 (6)BICYCLEPATH.—Any road,path,or way that is open to bicycle travel,which road,path,or way is physically separated frommotorized vehicular trafficby an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way (82)SIDEWALK.—That portion ofa street between the curbiine,or the lateral line,ofa roadway and the adjacent property lines,intended foruse bypedestrians. (22)”Road”means a way open to travel by the public,including,but not limited to,a street, highway,or alley.The term includes associated sidewalks,the roadbed,the right—of—way,and all culverts,drains,sluices,ditches,water storage areas,waterways,embankments,slopes, retaining walls,bridges,tunnels,and viaducts necessary forthe maintenance oftravel and all ferriesused in connection therewith. FSS 334.03 (22)”Road”means a way open to travel by the public,including,but not limited to,a street, highway,or alley.The term includes associated sidewalks,the roadbed,the right-of-way,and all culverts,drains,sluices,ditches,water storage areas,waterways,embankments,slopes, retaining walls,bridges,tunnels,and viaducts necessary for the maintenance oftravel and all ferriesused in connection therewith. 316.2065 Bicycle regulations. (1)Every person propelling a vehicle by human power has allof the rights and all of the duties applicable to the driver of any other vehicle under this chapter,except as to special regulations in this chapter,and except as to provisions of this chapter which by their nature can have no application. (2)A person operating a bicycle may not ride other than upon or astride a permanent and regular seat attached thereto unless the bicycle was designed by the manufacturer to be ridden without a seat. (3)(a)A bicycle may not be used to carry more persons at one time than the number for which it is designed or equipped,except that an adult rider may carry a child securely attached to his or her person in a backpack or sling. (b)Except as provided in paragraph (a),a bicycle rider must carry any passenger who is a child under 4 years of age,or who weighs 40 pounds or less,in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle. (c)Abicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate control of the bicycle. (d)A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger’s head by a strap and that meets the federal Agenda Item #9.A.24 Mar 2025 Page 60 of 182 safety standard for bicycle helmets,final rule,16 C.F.R.part 1203.As used in this subsection,the term ”passenger”includes a child who is riding in a trailer or semitrailer attached to a bicycle. (e)Law enforcement officers and school crossing guards may issue a bicycle safety brochure and a verbal warning to a bicycle rider or passenger who violates this subsection.Abicycle rider or passenger who violates this subsection may be issued a citation by a law enforcement officer and assessed a fine for a pedestrian violation,as provided in s.318.18.The court shall dismiss the charge against a bicycle rider or passenger for a first violation of paragraph (d)upon proof of purchase of a bicycle helmet that complies with this subsection. (4)No person riding upon any bicycle,coaster,roller skates,sled,or toy vehicle may attach the same or himself or herself to any vehicle upon a roadway.This subsection does not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer is commercially available and has been designed for such attachment. (5)(a)A person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing must ride in the bicycle lane or,if there is no bicycle lane on the roadwav.as close as practicable to the right—handcurb or edge of the roadway except under any of the following situations: 1.When overtaking and passing another bicycle or vehicle proceeding in the same direction. 2.When preparing for a left turn at an intersection or into a private road or driveway. 3.When reasonably necessary to avoid any condition or potential conflict,including,but not limited to,a fixed or moving object,parked or moving vehicle,bicycle,pedestrian,animal,surface hazard,turn lane,or substandard-width lane,which makes it unsafe to continue along the right-hand curb or edge or within a bicycle lane.For the purposes of this subsection,a ”substandard—width lane”is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane. (b)A person operating a bicycle upon a one—way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable. (6)(a)Persons riding bicycles upon a roadway or in a bicycle lane may not ride more than two abreast except on a bicycle path.Persons riding two abreast may not impede traffic when traveling at less than the normal speed oftraffic at the time and place and under the conditions then existing and must ride within a single lane.Where bicycle lanes exist,persons riding bicycles may ride two abreast ifboth are able to remain within the bicycle lane.Ifthe bicycle lane is too narrow to allow two persons riding bicycles to ride two abreast,the persons must ride single-file and within the bicycle lane.On roads that contain a substandard—widthlane as defined in subparagraph (5)(a)3.,persons riding bicycles may temporarily ride two abreast only to avoid hazards inthe roadway or to overtake another person riding a bicycle. (b)When stopping at a stop sign,persons riding bicycles in groups,after coming to a full stop and obeying all traffic laws,may proceed through the stop sign in a group of 10 or fewer at a time.Motor vehicle operators must allow one such group to travel through the intersection before moving fonNard. (7)Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp and reflector Agenda Item #9.A.24 Mar 2025 Page 61 of 182 xI -|III II |.—l I I I I I I.Is-I >5 II I . II -III .l.Ii 'I..II 'II I .‘4 ' I I I L .’ ‘I II I I-:I I I I 'I -.x _.I II —I..I 1 _...‘ ::'.3 II.....-I I II II -I ‘l n I.l I II I I II I II I I v II - .I II I _. IIL -I I.I I 'I uh I : II. I I.I I II I ._I I I I lI vll I I .II on the rear each exhibiting a red light visible from a distance of 600 feet to the rear.A bicycle or.its rider may be equipped with lights or reflectors in addition to those required by this section.A law enforcement officer may issue a bicycle safety brochure and a verbal warning to a bicycle rider who violates this subsection or may issue a citation and assess a fine for a pedestrian violation as provided in s.318.18.The court shall dismiss the charge against a bicycle rider for a first violation of this subsection upon proof of purchase and installation of the proper lighting equipment. (8)No parent ofany minor child and no guardian ofany minor ward may authorize or knowingly permit any such minor child or ward to violate any of the provisions of this section. (9)A person propelling a vehicle by human power upon and along a sidewalk,or across a roadway upon and along a crosswalk,has all'the rights and duties applicable to a pedestrian under the same circumstances. (10)Aperson propelling a bicycle upon and along a sidewalk,or across a roadway upon and along a crosswalk,shall yield the right-of—wayto any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. (11)No person upon roller skates,or riding in or by means of any coaster,toy vehicle,or similar device,may go upon any roadway except while crossing a street on a crosswalk;and,when so crossing, such person shall be granted all rights and shall be subject to all of the duties applicable to pedestrians. (12)This section shall not apply upon any street while set aside as a play street authorized herein or as designated by state,county,or municipal authority. (13)Every bicycle shall be equipped with a brake or brakes which willenable its rider to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry,level,clean pavement. (14)A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame. (15)(a)A person may not knowingly rent or lease any bicycle to be ridden by a child who is under the age of 16 years unless: 1.The child possesses a bicycle helmet;or 2.The lessor provides a bicycle helmet for the childto wear. (b)Aviolation of this subsection is a nonmoving violation,punishable as provided in s.318.18. (16)The court may waive,reduce,or suspend payment of any fine imposed under subsection (3)or subsection (15)and may impose any other conditions on the waiver,reduction,or suspension.Ifthe court finds that a person does not have sufficient funds to pay the fine,the court may require the performance of a specified number of hours of community service or attendance at a safety seminar. (17)Notwithstanding s.318.21,all proceeds collected pursuant to s.318.18 for violations under paragraphs (3)(e)and (15)(b)shall be deposited into the State Transportation Trust Fund. (18)The failure of a person to wear a bicycle helmet or the failure of a parent or guardian to prevent a child from riding a bicycle without a bicycle helmet may not be considered evidence of negligence or contributory negligence. Agenda Item #9.A.24 Mar 2025 Page 62 of 182 (19)Except as otherwise provided in this section,a person who violates this section commits a noncriminal traffic infraction,punishable as a pedestrian violation as provided in chapter 318.A law enforcement officer may issue traffic citations for a violation of subsection (3)or subsection (15)o_nlyif the violation occurs on a bic cle ath or road as defined in s.334.03.However,a law enforcement officer may not issue citations to persons on private property,except any part thereof which is open to the use of the public for purposes of vehicular traffic. 316.1925 Careless driving.— (1)Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner,having regard for the width,grade,curves,corners,traffic,and all other attendant circumstances,so as not to endanger the life,limb,or property of any person.Failure to drive in such manner shall constitute careless driving and a violation of this section. (2)Any person who violates this section shall be cited for a moving violation,punishable as provided in chapter 318. FSS316.183 Unlawful speed.— (1)No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.In every event, speed shall be controlled as may be necessary to avoid colliding with any person,vehicle,or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. History.-—s.1,ch.71-135;s.1,ch.76-31;s.2,ch.76-286;s.1,ch.78-353;s.8,ch.83-68;5.5,ch.85- 309;s.1,ch.86-23;s.7,ch.87-161;s.21,ch.94-306;s.899,ch.95-148;s.1,ch.96-185;s.2,ch.97-300; s.161,ch.99-248;5.6,ch.2010-223;5.7,ch.2012-27;s.6,ch.2012-181;5.7,ch.2020-69;s.1,ch. 2021-20;s.5,Ch.2021-180. Note.—Former s.316.111. FSS316.003 Definitions (43)MOBILECARRIER—Anelectrically powered device that: (a)Isoperated on sidewalks and crosswalks and is intended primarilyfor transporting property; (b)Weighs less than 80 pounds,excluding cargo; (c)Has a maximum speed of 12.5 mph;and (d)Is equipped with a technology to transport personal property with the active monitoring of a property owner and primarily designed to remain within 25 feet ofthe property owner Agenda Item #9.A.24 Mar 2025 Page 63 of 182 A mobile carrier is not considered a vehicle or personal delivery device unless expressly defined by law as a vehicle or personal delivery device. (59)PERSONALDELIVERYDEVICE—An electrically powered device that: (a)Isoperated on sidewalks and crosswalks and intended primarily for transporting property; (b)Has a weight that does not exceed the maximum weight established by Department of Transportation rule; (c)Has a maximum speed of 10 miles per hour;and (d)Is equipped with technology to allow for operation of the device with or without the active control or monitoring of a natural person. Apersonal delivery device is not considered a vehicle unless expressly defined by law as a vehicle.A mobile carrier is not considered a personal delivery device.The Department of Transportation may adopt rules to implement this subsection. (60)PERSONALDELIVERYDEVICEOPERATOR—Anentity or its agent that exercises direct physical control over or monitoring of the navigation system and operation of a personal delivery device.For the purposes of this subsection,the term ”agent”means a person charged by the entity with the responsibility of navigating and operating the personal delivery device.The term ”personal delivery device operator”does not include an entity or person who requests the services of a personal delivery device for the purpose of transporting property or an entity or person who only arranges for and dispatches the requested services of a personal delivery device. Agenda Item #9.A.24 Mar 2025 Page 64 of 182 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance No.57-25-25 SUBMITTED BY:Victor Gualillo,Chief of Police TODAY’S DATE:March 13,2025 MEETING DATE:March 24,2025 BACKGROUND:The existing version of COAB municipal ordinance 13-2 Camping and obstructing public streets/places exceeds the current legal standards established by case law. This ordinance needs to be amended to address the situation of homeless individuals residing in and around public areas.People using these areas as living spaces can raise concern about public safety related to activities such as unsanitary conditions and unfettered access for all citizens who need to share these public spaces. The proposed new language was drafted by City Attorney Gabriel,was reviewed by City Manager Killingsworth and Chief of Police Gualillo.It is consistent with current case law and represents the best practice approachto protect all citizens in our city while recognizing the need to respect the constructional right of people to travel freely.The amended ordinance recognizes the need for homeless individuals to have access to support services and the need to have safe, clean and sanitary public spaces. BUDGET:None RECOMMENDATION:Approve Ordinance No.57-25-25. ATTACHMENT(S):Ordinance No.57—25-25 BY CITY MANAGER: Agenda Item #9.B.24 Mar 2025 Page 65 of 182 III I II II 'II III I I I I .I _. I‘I II..I II I I I II I 1 '-I I .I I I-.I . I I .-1 I I I I I 'I..II .I II I .I II III I‘I I '. I H:I -I :I _ 'H I II II ,II --' .~I I II II I -.I .II I:=I-I. II I.r I :I»_g _,II _. II :I II II II .‘-I II II ‘'I-I.u I I |-I -I . 'II I II ‘. I III I .-II _ I I .I - :1 1 v I.I I II 'l‘ IIIII _I ’I III II I.I 1'I II II I II I I . I I :-:I I I I II I II II;'I I I “II 'III .I II I I -II-I 'III I ‘II I II I ' .-NI‘I I =II ORDINANCE NO.57-25-25 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,STATE OF FLORIDA,AMENDING SECTION 13-2 CAMPING AND OBSTRUCTING PUBLIC STREETS/PUBLIC PLACES PROHIBITED;PROVIDING FOR CONFLICT;PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE. WHEREAS,the City ?nds that reasonable regulations on camping and related activities are necessary to maintain safe,clean,and accessible public spaces,prevent public nuisances,and protect the environment;and WHEREAS,the State of Florida enacted Laws of Florida Chapter 2024-11 (House Bill No.1365)which among other things,introduced a multifaceted approach to support individuals experiencing homelessness while also focusing on the health,safety,welfare,quality of life,and aesthetics of Florida communities while simultaneously making adequate provision for the homeless population of the State;and WHEREAS,the City Commission desires to update its Code of Ordinances with respect to sleeping,camping and obstructing access to public property to be more consistent with recent Florida law;and WHEREAS,the United States Eleventh Circuit Court of Appeals held in Joel v.City of Orlando,232 F.3d 1353 (11th Cir.2000)that sleeping out-of-doors is not a fundamental right;and WHEREAS,the City Commission wishes to lawfully prevent sleeping or camping in certain public areas to promote sanitation,public health,and safety,which the court held in Joel v.City of Orlando,232 F.3d 1353 (11th Cir.2000)is a legitimate government purpose;and WHEREAS,the City Commission recognizes that the prohibition of sleeping/camping in certain public places is necessary to preserve the health,welfare,and safety of the City's residents and visitors;and WHEREAS,the City Commission further recognizes that the blockage of ingress and egress into and from public areas,as well as the impedance of pedestrian walkways and other public right-of-ways caused by sleeping or camping in certain areas of the City involves the compelling government interest of the City in protecting the health,safety,and welfare of its citizenry and visitors in preserving police and ?re department access to such right-of-ways in order to save lives;and WHEREAS,the City Commission deems this Ordinance necessary to promote public safety and public welfare. 60096501 v1 Agenda Item #9.B.24 Mar 2025 Page 66 of 182 NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Amendment.Sec.13-2.Camping and obstructing public streets/public places prohibited,is hereby as follows: Sec.13-2.-Camping and obstructing public streets/public places prohibited. (a)Except as may be allowed in accordance with chapter 5 of the Code,and by applicable rules,regulations or permits,it is unlawful for any person,after having been informed and given notice by a police officer that the following conduct is in violation of a city ordinance to engage in the following conduct: (1)Sleep,camp,or lodge: a.On any public right-of—way,sidewalk,street,roadway,or parking lot; b.In any city park or beach;or c.In any city-owned building lobby,entranceway,plaza or common b.In any city park or beach;or c.In any city-owned building lobby,entranceway,plaza,or common area. (2)Construct or maintain any building,structure,tent or use any other objects that are intended to be used for housing accommodations,lodging,sleeping or camping a.On any public right-of—way,sidewalk,street,roadway,or parking lot; (3)Obstruct the safe or free passage of persons or vehicles: a.On any public right-of—way,sidewalk.street.roadway,or parking lot; b.In any city-owned building lobby,entranceway,plaza or common area. (b)Outreach efforts.A reasonable attempt shall be made by a police officer to ascertain whether a person is in need of homeless assistance services and/or housing assistance.ifa person is determined by a police officer to be in need of housing assistance,the police of?cer shall inform that person of emergency shelter providers available through local public or private entities. Ifit is determined that a person desires housing/shelter assistance,the police officer willtake all reasonable steps toward directing the person to the appropriate housing/shelter facility,including 60096501v1 2 area. Ol’ or Agenda Item #9.B.24 Mar 2025 Page 67 of 182 transportation to such facility when and iffeasible.When transporting a person to such facility,the officer shall ensure that the person’s personal property is secured,pursuant to the Police Department’s official policy for personal property procedures,as approved by the Police Chief. (c)Enforcement.Ifa person fails to comply with subsection (a)of this section after notice of the violation has been provided,the person may be cited with a violation of the city ordinance pursuant to subsection (a)of this section or they may be charged with a violation of Florida Statute section 810.09 and any other applicable violation(s)of law. A person cited as provided in subsection (c)of this section may also be issued a trespass violation pursuant to section 5-33 of this Code. (d)For purposes of this section,the following de?nitions shall apply: (1)“Public camping or sleeping”means:lodging or residing overnight in a temporary outdoor habitation used as a dwelling or living space and evidenced by the erection ofa tent or other temporary shelter,the presence of bedding or pillows,or the storage of personal belongings;or lodging or residing overnight in an outdoor space without a tent or other temporary shelter.The term does not include;lodging or residing overnight in a motor vehicle that is registered,insured,and located in a place where it may lawfully be,or camping for recreational purposes on property designated for such purposes when lawfully permitted. (2)Lodging or lodge means to live in or reside in a place temporarily or permanently *** SECTION 2.Con?ict.All ordinances,resolutions,of?cial determinations,or parts thereof previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 3.Codi?cation and Scrivener's Errors.The publisher of the City of Atlantic Beach's Code of Ordinances,the Municipal Code Corporation,is hereby directed to incorporate the changes set forth in SECTION 1 herein.Sections of Chapter 13 may be renumbered or re- lettered and scrivener's errors,formatting and typographical errors and other minor,inadvertent graphical errors in Chapter 13 which do not affect the intent may be authorized by the City Manager and City Attorney without the need of public hearing,by ?ling a corrected or re-codi?ed copy of same with the City Clerk. SECTION 4.Applicability.The newly revised provisions of Section 13-2,camping and obstructing public streets,public placesprohibited,set forth herein,shall apply to all applications, decisions or controversies pending before the City of Atlantic Beach upon the effective datehereof or ?led or initiated thereafter. SECTION 5.Severabilit .If any section,sentence,clause,or other provision of this Ordinance,or any provision of Section 13—2,camping and obstructing public streets,public places prohibited,shall be held to be invalid or unconstitutionalby a court of competent jurisdiction, such portion shall be deemed a separate,distinct and independent provision,and such holding of invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the 360096501v1 Agenda Item #9.B.24 Mar 2025 Page 68 of 182 remaining sections,sentences,clauses,or provisions of this Ordinance,or Section 13-2,which shall remain in full force and effect. SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and PASSED by the City Commission on ?rst reading on this 10thday of March 2025. PASSED by the City Commission on second and ?nal reading and following a public hearing on this 24thday of March 2025. Attest: Donna L.Bartle,City Clerk 60096501v] Approved as to form and correctness: Jason R.Gabriel,City Attorney CITY OF ATLANTIC BEACH Curtis Ford,Mayor approval. Agenda Item #9.B.24 Mar 2025 Page 69 of 182 Page 70 of 182 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance No.95-25-126 SUBMITTED BY:Victor Gualillo,Chief of Police TODAY’S DATE:March 13,2025 MEETING DATE:March 24,2025 BACKGROUND:Revisions to the animal ordinance include Dangerous Dog de?nition update to match Florida State Statute,Running at Large de?nition and removal of boardng fees,removal of Habitual Nuisance de?nition now encompassed in new Disturbing the Peace section,Citations authorized section amendedto make citation late fees consistent with other late ?nes in COAB ordinance ,clari?cation of court election upon receiving citation,Impound and boarding fees updates. BUDGET:None RECOMMENDATION:Approve Ordinance No.95-25-126 ATTACHMENT(S):Ordinance No.95-25—126 REVIEWED BY CITY MANAGER: Agenda Item #9.C.24 Mar 2025 Page 71 of 182 (a)“Dangerous dog”means any dog that according to the records of the appropriate authority: (1)Has aggressively bitten,attacked,endangered or has in?icted severe injury on a human being on public or private property; Sec.4-10.-Dangerous dogs. *** ORDINANCE NO.95-25-126 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA, AMENDING CHAPTER 4 ANIMALS,TO MODIFY THE CLASSIFICATION OF DOGS AS DANGEROUS,IN COMPLIANCE WITH STATE LAW,TO ADD DISTURBING THE PEACE PROVISION,TO AMEND THE RUNNING AT LARGE AND CITATIONS AND PENALTIES SECTIONS,TO ADD A NEW IMPOUND AND BOARDING FEES PROVISION;PROVIDING FOR RULES AND REGULATIONS;PROVIDING FOR PROHIBITIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCORPORATION IN THE CODE OF ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City ?nds it necessary from time to time to update the ordinances of the city to be in compliance withthe current langmageof Florida Statutes;and WHEREAS,updating certain ordinances is necessary to maintain ef?cient operations of the Animal Control Division in order to provide equitable and professional service to all citizens of Atlantic Beach. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Code of Ordinances Amended.Sec.4-10.Dangerous dogs,Sec.4-24 Running at large,Sec.4-27.l Habitual Nuisance,Sec.4.27 Disturbing the peace,Sec.4-30 Citations authorized; penalties provided,4-31 Impounding and boarding fees,are hereby amended as follows: BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORmA: SECTION 1.Chapter4 of The Code ofOrdinancesof the Cityof Atlantic Beach,Florida,is hereby amende dtoreadasfollows: ARTICLE I.-IN GENERAL 60138714 v1 Agenda Item #9.C.24 Mar 2025 Page 72 of 182 H J‘ u at I. I I --H --I .~.I.I I II II.I .. :I,.L —I I I.n :4 -I I J H. -|‘l -I I .;..[I -H III I In It (2)Has more than once severely injured or killed a domestic animal while off the owner's property;Has,when unprovoked,chased or approached a person upon the streets, sidewalks,or any public grounds in a menacing fashion or apparent attitude of attack,provided that such actions are attested to in a sworn statement by one (1)or more persons and duti?illy investigated by the appropriate authority. (b)"Unprovoked"means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. (c)"Severe injury"means any physical injury those results in broken bones,multiple bites,or dis?guring lacerations requiring sutures or reconstructive surgery. (d)"Proper enclosure of a dangerous dog"means that the dog is securely and humanely con?ned on the owner's property within a house,building,locked pen or other enclosure that is designed to prevent the dangerous dog from escaping over,under or through the enclosure (the "primary" enclosure).If the dog is maintained outside,then a portion of the owner's property must be fenced with a securedperimeter fence of suf?cient height and strength to prevent entry by the public and to prevent the dog's escape from the owner's property if the dog escapes from the primary enclosure.Within the perimeter fence,the dog must be humanely con?ned inside a primary enclosure consisting of a locked pen,kennel or other structure of adequate size that provides protection from the elements.The primary enclosure must have secure sides that are securely set into the ground or into a concrete pad,and it must have a secure top attached to all sides.The primary enclosure must be locked at all times when the dog is unattended by either the owner or a competent custodian eighteen (18)years of age or older.It is not considered a proper enclosure to simply chain,tether or otherwise tie a dog to an inanimate object,such as a tree or post,inside a perimeter fence. (6)"Animal control authority"means an entity acting alone or in concert with other local governmental units and authorized by them to enforce the animal control laws of the city,county or state. In those areas not served by an animal control authority,the sheriff shall carry out the duties of the animal control authority under this act. (f)"Animal control of?cer"means any individual employed,contracted with,or appointedby the animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensure of animals,control of animals,or seizure and impoundment of animals and includes any state or local law enforcement of?cer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundmentof any animal. (g)"Owner"means any person,?rm,corporation or organization possessing,harboring, keeping or having control or custody of an animal or,if the animal is owned by a person under the age of eighteen (18),that person's parent or guardian. *** ARTICLE II.-DOGS AND CATS *** Page 2 of 5 60138714 V1 Agenda Item #9.C.24 Mar 2025 Page 73 of 182 Sec.4-24.-Running at large. It shall be unlawful for the owner of any animal to permit or allow the animal to run at large on any public or private property within the city and without the property owner’s consent;_and (a)such animal shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period of not less than three (3)days nor more than seven (7)days,except the animalmay be released sooner upon proper identi?cation of the owner and proof of ownership.The owner will be charged impound and boarding fees and expenses as set forth in Sec.4-30 of this Code. (b)the owner of the at-large animal may be ?ned as set forth in Sec.4-30 for a violation of this section. *** Sec.4-27.Disturbin the Peace. It shall be unlawful for any person,whether owner,or anyone having charge,custody or control thereof,to keep any animal or animals within the limits of the city which bark,meow,whine,howl or make other sounds common to the species,persistently or continuously for a period of thirty (30)minutes or longer when the animal or animals are not contained within an enclosure suf?cient to baf?e and buffer loud noises and render them reasonably unobjectionable. *** Sec.4-30.Citations authorized;penalties provided. (a)The city animal control of?cer or his designee as approved by the city manager shall have the authority to issue citations to those people whose pets are found to be in violation of this article and sections herein. (b)Violations of this article shall be punishableby ?nes as follows: General:Violations of the provisions of chapter 4,of the Atlantic Beach City Code are hereby declared to be civil infractions for which there may be imposed by the City of Atlantic Beach or Duval County court, a maximum ?ne not to exceed ?ve hundred dollars ($500.00).Unless cited for a violation for which court appearance is mandatory,anyone cited with a violation of this chapter shall either pay a ?ne as contained within the actual section or elect a court hearing to contest the citation.An election to pay a ?ne in lieu of contesting the citation in court shall be completed within the time speci?ed below. If a person fails to pay the civil ?ne within the time prescribed on the citation or fails to obtain a court date,or having obtained a court date,fails to appear in court to contest the citation,then the person shall be deemed to have waived the right to contest the citation.In such cases,?nal judgment may be entered against the person in the maximum civil ?ne ?ve hundred dollars ($500.00)allowed,which shall be payable within sixty (60)days from the date of execution of the ?nal judgment.The provisions of this section may be enforced by any and all lawful means by the city pursuant of all codes and ordinances duly Page 3 of 5 60138714 Vl Agenda Item #9.C.24 Mar 2025 Page 74 of 182 r.”T V: I I l‘: |'\ :u H m Sec.4-31.-Impound and Boarding Fees. A thirty dollar ($30.00)fee plus [an]additional twenty-?ve dollars ($25.00)per day may be charged for the redemption of any impounded animal. adopted by the city commission or as may otherwise be available to the city pursuant to state law and nothing contained in this section shall prohibit the city from enforcing this section by other means set forth in the city's codes and ordinances,provided in the statutory law of the State of Florida,or otherwise available to the city. Alternatively,the court may issue an order to show cause,requiring the person to appear before the court to explain why action on the citation has not been taken.If any person who is issued such an order fails to appear in response to the court's directive,that person may be held in contempt of court in addition to having to pay the civil ?ne,court costs,and restitution,as applicable. (1)First offense:(The current offense is "?rst"offense if there have been no other citations in the preceding thirty-six (36)months.)Fifty dollars ($50.00);if not paid within fourteen (14)calendar days, a ?fty dollar ($50.00)late fee is added; (2)Second offense:(The current offense is a second offense if there has been only one (1) previous citation within the preceding thirty-six (36)months.)One hundred ?fty dollars ($150.00);if not paid within fourteen (14)calendar days,a ?fty dollar ($50.00)late fee is added; (3)Third offense:(The current offense is a third offense if there have been two (2)previous citations within the preceding thirty-six (36)months.)Two hundred ?fty dollars ($250.00);if not paid in fourteen (14)calendar days,a ?fty dollar ($50.00)late fee is added. (4)Fourth and subsequent offenses:(The current offense is a fourth or subsequent offense if there have been three (3)or more previous citations within the preceding thirty-six (36)months.)Five hundred dollars ($500.00);if not paid within fourteen (14)calendar days,a ?fty dollar ($50.00)late fee is added. (5)Anyone citedwith a violation of this article who pays the required ?nes and then goes three (3)years with no offenses shall return to the status of having no prior offenses for the purposes of this section. (b)The animal control of?cer shall have the authority to cite the owner or any person having custody of an animal for a violation of this article when and only when: (1)The of?cer has received from an adult witness a sworn af?davit attesting to the animal having committed a Violation pursuant to this article;or (2)The animal control of?cer or other person duly authorized to enforce the provisions of this chapter has witnessed the commission of a violation under this article. *** Page 4 of 5 60138714 v1 Agenda Item #9.C.24 Mar 2025 Page 75 of 182 Donna L.Bartle,City Clerk Curtis Ford,Mayor (a)In the event any animal has to be tranquilized with chemical capture equipment,an additional $100.00 shall be added to the redemption fee. (b)If a dangerous dog is impounded for running at large,then the redemption fee shall be an additionalone hundred ?fty dollars ($150.00),with an additional one hundred dollar ($100.00)fee if the dangerous dog has to be tranquilized with chemical capture equipment. *** SECTION 1.Pu ose and Intent.The purpose and intent of this Ordinance is to help manage the increasing number of electric and motorized devices being used for transportation and sport on city property and to provide for the safety of the public. SECTION 2.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof previously adoptedor entered by the City or any of its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 3.Severabilit .If a Court of competent jurisdiction at any time ?nds 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. SECTION 4.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading this 10‘hday of March 2025. PASSED by the City Commission on second and ?nal reading this 24thday of March 2025 Jason R.Gabriel,Esq. City Attorney Page 5 of 5 v160138714 Approved as to form and correctness: ATTEST' Agenda Item #9.C.24 Mar 2025 Page 76 of 182 CITY OF ATLANTIC BACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance No.20-25-178 amending the operating budget for the ?scal year beginning Oct.1,2024,and ending Sept.30,2025. SUBMITTED BY:Brittany Percell,Director of Finance TODAY’S DATE:March 12,2025 MEETING DATE:March 24,2025 BACKGROUND:The budgets of three funds need to be amended as outlined below. General Fund The City is expecting to receive a Hurricane Loss Mitigation Program Grant (HLMP)in the amount of $220,000 and funds will be used towards the renovation of Marsh Oaks Community Center.The total expected expenditure amount for the Marsh Oaks Community Center renovation is $916,751.The entirety of this project is expected to be funded:City of Jacksonville ($500,000), City of Jacksonville Community Development Block Grant ($196,751)and Hurricane Loss Mitigation Program Grant ($220,000).An interfund transfer from the General Fund to the Community Development Block Grant Fund will be performed to ensure all related expenditures are captured in one fund. Communit Develo ment Block Grant Fund The adopted budget includes $113,000 in Community Development Block Grants from City of Jacksonville,whereas the expected amount is $196,751.The adopted budget also includes $226,000 for Marsh Oaks Community Center renovations,whereas the expected project amount is $916,751,as seen above under General Fund.This ordinance will appropriate the additional revenue ($83,751)and expenditure ($690,751)for the Marsh Oaks Community Center renovation project. Stormwater Fund The adopted budget does not appropriate funds for the expenditures of the Cutlass Drive Culvert Final Design ($34,502)and Cutlass Drive Ditch Final Design ($49,526).The Aquatic Gardens project is funded by an HMGP grant ($2,201,061)and a Governor Appropriation ($800,000).The budget currently includes a HMGP grant of $1,488,674,whereas the amount shouldbe $2,201,063. The Aquatic Gardens project is currently budgeted for $2,600,000,whereas the expected remaining project amount is $3,001,063.This ordinance appropriated the additional revenue ($712,389)and expenditure ($401,063). Agenda Item #9.D.24 Mar 2025 Page 77 of 182 BUDGET:General Fund -$220,000 increase in revenue $607,000 increase in expenditure CDBG Fund -$690,751 increase in revenue $690,751 increase in expenditure Stonnwater Funds $712,389 increase in revenue $485,091 increase in expenditure RECOMMENDATION:Approve Ordinance No.20—25-178. ATTACHMENT:Ordinance No.20-25-178 CDBG Contract HLMP Grant Agreement Cutlass Drive Culvert Scope and Fee Cutlass Drive Ditch Scope and Fee Aquatic Gardens HMGP tr ct REVIEWED BY CITY MANAGER: Agenda Item #9.D.24 Mar 2025 Page 78 of 182 ORDINANCE NO.20-25-178 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,2024 AND ENDING SEPTEMBER 30, 2025,AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Charter of the City of Atlantic Beach requires that the City Commissionapprove all budgetary increases and transfers at the fund level,and WHEREAS,the nature of budgetary systems and those day—to—daydecisions affecting such budgetary systems require adjustments from time—to-time,and WHEREAS,the City is amending the operatingbudget to add net funds totaling ($387,000)in the General Fund;$0.00 in Community Development Block Grant Fund and $227,298 in the Stormwater Fund for various expenditures. WHEREAS,the City of Atlantic Beach did not include the ?mding for these expenditures in the original adoption of the Fiscal Year 2025 Annual Operating Budget and therefore must amend the budget to have suf?cient amounts Withinthe General,Community Development Block Grant,and Stormwater funds in order to fund the expenditures. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA that: SECTION 1.The Fiscal Year 2024/2025 Operating Budget is hereby amended as follows: $83,751 $607,000 $690,751 $9,110 Revenues: HLMP Grant Expenditures: Internal Funds Transfer (110) Fund Balance: COMMUNITY DEVELOPMENT BLOCK GRANT FUND Revenues: COJ CDBG Internal Funds Transfer (101) Expenditures: Infrastructure Fund Balance: $607,000 $387 000 Ordinance No.20-25-178 Page 1 0f 2 GENERAL FUND $220,000 Agenda Item #9.D.24 Mar 2025 Page 79 of 182 STORMWATER $712,389 SECTION 2.This ordinance shall take effect immediately upon adoption. PASSED by the City Commission on ?rst reading this 10thday of March 2025. PASSED by the City Commission on second and ?nal reading this 24thday of March 2025. Revenues: FEMA HMGP Grant Expenditures: Infrastructure Fund Balance: ATTEST: Ordinance No.20—Page 2 of 2 Donna L.Bartle City Clerk Curtis Ford Mayor Approved as to form and correctness: Jason Gabriel City Attorney $227,22Q $485,091 Agenda Item #9.D.24 Mar 2025 Page 80 of 182 Hub COMMUNITYDEVELOPMENTBLOCK GRANT PUBLIC FACILITIESIMPROVEMENTSCONTRACT THIS COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITIE SIMPROVEMENTSCONTRACT(this “Contract")is made and entered into on , 2024.but shall be effective as of October 1 2024 (the "Effective Date")by and betweentheCIT YOFJACKSONVILLE.a consolidated political subdivision and municipal corporation existing under the laws of the State of Florida (the "City"),and CITYOF ATLANTICBEACH,a Florida municipal corporation in Duval County.Florida (“Recipient”). RECITALS WHEREAS,pursuant to the provisions of TItIe I of the Housing and Urban Development Act of 1974.as amended,Public Law 93-383.and 24 CFR §570.as amended.the United States Department of Housing and Urban Development (“HUD“)awarded the City a Community Development Block Grant ("CDBG”),under Federal Grant Award No.B-24-UC-12-0017and CFDA No.14.218 (the "CDBG Funds”).which provides for the development,establishment,and administration of projects to bene?t low-and moderate-income persons,that aid in the elimination of slum and blight.andfor that meet an urgent community need;and WHEREAS,the CDBG agreement between the City and HUDfurther provides that the City may contract with not-for-pro?t community organizations to administer and implement certain projects under the grant;and WHEREAS.pursuant to that certain Inter-LocalAgreement between the City and Recipient and approved by the City of Jacksonville Mayor on September 28.1995.as amended,and as approved by Resolution 95-944-A the City is required to disburse CDBGfunds to Recipient up to an annual maximum based upon a percentage of Recipient's population;and WHEREAS,it is in the best interest of the City to enter into a contract with Recipient to administer a portion of the CDBG;and WHEREAS,pursuant to the appropriations and approvals set forth in Ordinance 2022- 362-E and Ordinance 2024-432E,the City hereby engages the services of Recipient to administer and implement a portion of the CDBG Funds for eligible projects as more particularly set forth inAttachment A-1 (the “Project”). NOW,THEREFORE.in consideration of the mutual promises and covenants in this Contract,the parties agree as follows: ARTICLE 0 Incorporation by Reference 0.1.The above stated recitals are true and correct and are.by this reference,made a part of and incorporated in this Contract. 0.2.Any exhibits or attachments referred to in this Contract are,by this reference,made a part of and incorporated in this Contract. .’\ Agenda Item #9.D.24 Mar 2025 Page 81 of 182 ARTICLEl Supervision 1.1.Recipient agrees to perform the required services for the Project under the general coordination of the City's Neighborhoods Department,Housing and Community Development Division(the "Housing Division”). 1.2.Nothing contained in this Contract or any other document (attached to or contemplated by this Contract)shall constitute or create any duty on or warranty by the City regarding:(a)the accuracy or reasonableness of Recipient’5 budget attached hereto as Attachment3-1 (the “Budget”);(b)the feasibility or quality of the ConstructionDocuments (as de?nedbelow)if any;(c)the proper application or expenditure by Recipientofthe 0036 Funds; (d)the quality or condition of the Project,including the improvements;or (e)the competence or qualifications of any third party furnishing services,labor,or materials in connection with the construction of the Project,including the improvements.For purposes of this Contract.the term “Construction Documents"means the architect of record's contract,each contractor's contract,all construction,architectural,and other design professional contracts and subcontracts,all change orders.all Governmental Approvals (as defined herein),the plans and speci?cations,and all other drawings,budgets,bonds,and agreements relating to the construction of the Project.Recipient acknowledges that it has not relied and willnot rely upon any experience,awareness,or expertise of the City,or the City’s inspector,regarding the aforesaid matters.Recipient acknowledges that the City’s only responsibility under the provisions of this Contract is to pay up to the amount provided for if Recipient performs the Services (de?ned below)to the City‘s satisfaction.The City shall not be liableto any contractors or subcontractors of Recipient for payment on any contract or subcontract,and all contractors and subcontractors shall look solely to Recipient for payment. Recipient shall include this section in its contracts and any subcontracts to which Recipient may be a party for performance of the services required in this Contract. ARTICLE II Scope of Services 2.1 Recipient shall perform the services necessary to complete the Project described in Attachment A-1 (the "Services”or "Scope of Services").If any services.functions,or responsibilities not speci?cally set forth in this Contract are necessary for the proper performance of the Project,then they are deemed implied by and included within the Project. 2.2.In addition to the requirements,limitations,and restrictions set forth elsewhere in this Contract,Recipient shall use the CDBG Funds provided hereunder in a manner consistent with federal,state.and local laws.rules,regulations.and policies,as amended from timeto time,during the term of this Contract;including,without limitation,all laws,rules.regulations,and policies governing CDBGs,the terms of which are hereby incorporated in this Contract.Recipient acknowledges and agrees that it has reviewed,understands,and is familiar with all applicable federal,state,and local laws.rules,reguiations,and policies concerning this Contract.and has not relied on the City as to the content or meaning of such laws,rules,regulations,or policies.Ifany of the obligations of this Contract are to be performed by a contractor or subcontractor of Recipient, Recipient shall incorporate the provisions of this section into the subcontract.Additionally, Recipient represents and warrants to the City that Recipient has reviewed.understands,and is famiiiar with and will comply with the provisions of the Jacksonville Ethics Code,Chapter 602, Jacksonville Ordinance Code,and the provisions of the Jacksonville Procurement Code,Chapter 126,Jacksonville Ordinance Code. Agenda Item #9.D.24 Mar 2025 Page 82 of 182 ARTICLEIII Funding 3.1.The City agrees to pay Recipient a portion ofthe CDBG Funds in an amount not to exceed One Hundred Ninety-Six Thousand Seven Hundred Fifty and 721100 Dollars ($196,750.72),which amount is the maximum indebtedness of the City pursuant to this Contract and the City’s only obligation under this Contract,subject to the conditions contained herein.The City makes no warranty as to the suf?ciency of the CDBG Funds for the Project,and Recipient understands and agrees that whether or not the CDBG Funds are suf?cient to complete the Project,Recipient's duty under the provisions of this Contract is to complete the Project. .3.2.The City shall pay the CDBG Funds to Recipient over the period of this Contract commencing on the Effective Date and ending on September 30,2026;for the Project in accordance with the provisions of this Contract.Payments shall be made for the Project on a reimbursement basis pursuant to the Disbursement Request Form set forth in Attachment B-2. The City shall not be required to advance any funds.Recipient shall expend the CDBG Funds solely and exclusively for the Project and Recipient shall not expend or othenNise use any of the CDBG Funds for any other purpose.The City's obligation to fund the disbursements to the Recipient for the Project shall be limited to eligible expenses incurred by Recipient on or before September 30,2026,and the City's obligation to make disbursements to Recipient for the Project shall and sixty (60)days thereafter. 3.3.The method of payment shall be according to the Conditions Precedent to City's Disbursements,as described in Attachment 8-3.The City shall not be obligated or required to make any disbursements if Recipient is in breach of this Contract. 3.4.Any unused or residual funds remaining at the termination of this Contract or after completion of the Project,whichever comes ?rst,shall revert to and belong to the City (including any funds on hand at the time of expiration of funding and any accounts receivable attributable to the use of the funds);ifany reimbursable funds were distributed to Recipient,then such funds are to be due and payable to the City on the date of the termination and shall be returned by Recipient to the City no later than thirty (30)days thereafter.If Recipient receives or expands any portion of the funds in a manner inconsistent with the terms of this Contract (which shall include any funds reimbursed to Recipient by the City in error)or any applicable federal,state.or local law,rule, regulation,or policy.then Recipient shalt,upon written demand from the City,immediately refund and return all such funds to the City without demand or further notice.Recipient shall also reimburse the City for all costs,expenses,and fees,including attorneys'fees and court costs, incurred or expended by the City in connection with any collection efforts to recover any funds due to the City pursuant to this Contract.The City may immediately terminate this Contract if it determines,in its sole discretion.that any portion of the CDBG Funds provided hereunder were improperlyspent. -3.5.Upon advance written approval from the City.Recipient may transfer funds from line item to line item in the Budget provided that no expenditure shall exceed the maximum indebtedness set forth in section 3.1. 3.6.The use of the CDBG Funds descrin in this Contract is subject to the written approval of HUD. 3.7.The use and disposition of real property and equipment pursuant to this Contract shall be in compliance with the requirements of 24 CFR §§570.502—570.504,as applicable. Agenda Item #9.D.24 Mar 2025 Page 83 of 182 3.8.In addition to the provisions of section 3.4,upon termination of this Contract, Recipient shall transfer to the City any funds on hand at the time of termination and any accounts receivable attributable to the use of the funds.Further,any real property under Recipient's control that was acquired or improved in whole or in part with the CDBG Funds (including funds provided to Recipient in the form of a loan)in excess of $25,000 shall either:(a)be used to meet one of the national objectives in 24 CFR §570.208 until ?ve (5)years after expiration of the Contract,or for such longer period of time as determined to be appropriate by Recipient;or (b)Recipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG Funds for the acquisition of,or improvement to, the property.The payment is program income to the City,and no payment is required after the period of time speci?ed in subsection (a)of this section. 3.9.Recipient acknowledges and agrees that it shall expend the CDBG Funds solely for the Project as speci?ed inthis Contract. 3.10.To the extent applicable,Recipient's financial management system and accounting procedures shall meet the requirements of 24 CFR §570.506 and 2 CFR Part 200 (Uniform Administrative Requirements,Cost Principles.and Audit Requirements for Federal Awards),as may be amended fromtime to time. ARTICLEIV Reporting and Monitoring 4.1 On or before the 10THof every month during the term of this Contract,Recipient shall provide the City with a report in form and content acceptable to the City showing all Project activities,including a narrative summary of any progress and a ?nancial statement showing all expenditures appurtenant to the Project.Allexpenditure of the CDBG Funds shall be made on a unitof service basis or as set forth in the attachments to this Contract. 4.2.Recipient shall use the report form that has been approved by the Housing Division, in form and content substantially in the form of Attachment C,which the City may modify at any time during the term of this Contract. 4.3.Recipient's failure to submit monthly reports is grounds either for the City to withhold further payments to Recipient or for termination of this Contract. 4.4.Recipient shall provide the City with all additional Project information as may be requested by the City from time to time,in form and content acceptable to the City. 4.5.Throughout the term of this Contract,Recipient shall permit the City andfor HUD, and their respective representatives.to monitor Recipient's compliance withthe provisions of this Contract and the Construction Documents.Recipient agrees to allow the City and/or HUD to monitor,observe,and review the progress and quality of the Project through periodic on-site visits during the term of this Contract.Recipient further agrees to allow the City and/or HUD,with prior reasonable notice,to inspect and examine all work performed and Services rendered to determine ifthe Project is proceeding in accordance with the terms of this Contract.Throughout the term of this Contract and with prior reasonable notice,representatives of the City and/or HUD shall also have the right to access,inspect,examine,and audit any and all records and documentation whatsoever relating to the Project and Services.The City has the authority to reject any work that does not conform to this Contract,local municipal codes,or program regulations. Agenda Item #9.D.24 Mar 2025 Page 84 of 182 ARTICLE V Indemni?cation:Insurance;No Warranty by City 5.1 Recipient is an independent contractor.and not an employee,agent.partner.joint venturer,representative.or associate of the City,in conducting the Services set forth in this Contract.Recipient shall be solely responsible for the means,methods,techniques,sequences, and procedures used in its performance of this Contract. 5.2.Nothing in this Contract or contemplated by this Contract shall constitute or create any duty on,or warranty by.the City regarding:(a)the accuracy or reasonableness of the Budget; (b)the feasibility or quality of the Construction Documents,if any;(c)the proper application or ”expenditure by Recipient of the CDBG Funds;(d)the quality or condition of the Project,including the improvements;or (e)the competence or quali?cations of any third party furnishing services, labor,or materials related to the construction ofthe Project,including the improvements.Recipient acknowledges that it has not relied and willnot rely upon any experience,awareness,or expertise of the City or the City's inspector (as de?ned herein)regarding the aforesaid matters. 5.3.Recipient shall hold harmless and indemnify the City in accordance with the terms and conditions set forth in Attachment D. 5.4.Without limiting its liabilityunder this Contract and prior to commencement of any work,Recipient shall procure and maintain for the life of this Contract,at its sole expense, insurance including all terms,conditions,types,and limits in the amounts not less than stated in Attachment E. ARTICLEVI Contract Period and Termination 6.1.This Contract shall be effective beginning on the Effective Date and terminate on September 30,2026,unless terminated sooner without cause by the City by giving thirty (30) days‘prior written termination notice to Recipient or in accordance with the termination provisions below. 6.2.The occurrence of any one or more of the following events prior to the expiration of the term of this Contract shall constitute an event ofdefault under the provisions of this Contract: (a)Failure to perform or observe any material term,agreement,covenant.or condition of this Contract,which default continues for thirty (30)days after written notice thereof (unless a shorter period is set forth elsewhere inthis Contract). (b)A violation of any applicable federal,state,or local law,rule,regulation,or policy with respect to the subject matter of this Contract. (0)If any representation or warranty contained in this Contract is false or misleading in any material respect. (d)Failure by Recipient to expend at least twenty-?ve percent (25%)of the CDBG Funds withinthirteen (13)months of the Effective Date of this Contract. (e)The application by Recipient for,or consent to,the appointment of a receiver.trustee,quuidator.or custodian (or similar official)of all (or a substantial part)of its assets.A default under this provision includes any instance where Recipient: 5 Agenda Item #9.D.24 Mar 2025 Page 85 of 182 5) ~I _II I . II-II I I ‘I.l Il =IV ..V 'I '-.II II'I II I-‘ I-'_I-. I III I _I .. a I:I.I,»I ‘..,.=I._,-. I—.:.I I ’ I II I ‘ I __._I ._._I-I m _ 1 II .''II I II|I .-II I _.v.___4‘I.‘.II 4 _1I ;. I I V .I g .4‘I _:.I -... II -I II ‘Hl II .—-_5'n ‘U II.I .'I I .I ~I ~-I I..-I .I ,_‘_.I.II , I --1|7 '—'-". III II I I II I III .I .-*.II..|_H -II I:Illl I.=-EII II .Ih -.,-_III -.--I II I;:-._I _H :_J'w .. III II I--;I .—:II ,I I I I II I I ‘--I ‘2'"I l I I .I..,4 N‘-I |__=I =II _ _.-|I '"r v I 'III In (i)ls unable or admits in writing its inability to pay its debts as they mature; (ii)Makes a general assignment for the benefit of creditors; (iii)Is adjudicated as bankrupt or insolvent; (iv)Files a voluntary petition in bankrUptcy or a petition or answer seeking reorganization or any arrangement withcreditors; (v)Agrees to take advantage-of any insolvency law,?le an answer admitting the material allegations of a petition ?led against it in any bankruptcy, reorganization,or insolvency proceeding; (vi)If any order.judgment,or decree shall be entered by a court of competent jurisdiction approving a petition seeking reorganization or appointing a receiver,trustee.liquidator,or custodian (or other similar of?cial)of all or a substantial part of its assets.and such order,judgment or decree shall continue unstayed and in effect for a period of thirty (30)consecutive days;or (vii)Ifany corporate action shall be taken by Recipient for any purpose of effecting any of the foregoing. (f)An event of default by Recipient under any other agreement or transaction between Recipient and the City. 6.3.if the City terminates this Contract due to an event of default by Recipient.then the City may exercise all rights and remedies it may have at law or in equity.Failure or delay on the part of the City to notify Recipient of a default is not a waiver by the City of the default or of any future default of Recipient. 6.4.Termination shall be effective at the close of business on the 30‘hday after date of notice without the necessity of any further noticeto Recipient ifthe breach has not been corrected within the thirty (30)day period.Notice shall be delivered in accordance with the notices provision of this Contract.Upon receipt of a notice of termination and.except as othenivise directed, Recipient shall: (a)Cease working under this Contract; (b)Place no further orders or subcontracts related to the performance of the Services; (c)Terminate all orders and subcontracts related to the performance of the Services;and (d)Prepare all necessary reports and documents required under the terms of this Contract up to the date of termination,including the ?nal report,without reimbursement for the services rendered in completing the reports beyond the termination date. Agenda Item #9.D.24 Mar 2025 Page 86 of 182 6.5.If Recipient materially fails to comply with any term of this Contract,suspension or terminationmay occur in accordance with 2 CFR §200.12.the provisions of which are hereby incorporated in this Contract.If funding from CDBG or any other applicable funding source should fail or cease to be provided to the City or appropriated by the City Council.then the City may terminate this Contract and shall reimburse Recipient.subject to the requirements for reimbursement in this Contract,for eligible.necessary.and reasonable payments made by Recipient up to the date of the termination only. ARTICLEVII Uniform Administrative Requirements 7.1.Recipient shall comply with the requirements and standards of 2 CFR Part 200 (Uniform Administrative Requirements.Cost Principles.and Audit-Requirements for Federal Awards).as may be amended fromtime to time. 7.2.Recipient shall retain all original records pertinent to this Contract for ?ve (5)years following the date of termination of this Contract,however terminated,or of submission of the ?nal close-out report.whichever is later.with the followingexceptions: (a)Ifany litigation.claim,or audit is started before the expiration of the ?ve (5) year period,the records will be maintained until all litigation.claims,or audit ?ndings involvingthe records have been resolved; (b)Ifthe disposition of non-expendable personal property is valued at $1.000. 00ormoreatthetimeofacquisition.then such disposition records shall be retained for ?ve (5) years after ?nal disposition;or (c)Ifthe records retention period mandated by the Florida Public Records Law (Chapter 119,Florida Statutes)andlor its associated records retention schedules requires a retention period of longer than ?ve (5)years. 7.3.Recipient shall make all records relative to the Project and expenditure of the CDBG Funds available to the City.the City's agents.and HUD.to examine.inspect.and have access to. at all reasonable times. ARTICLE VIII General Provisions 8.1.Recipient shall hire an independent certi?ed public accountant to audit the expenditure of the CDBG Funds and Recipient's provision of services under this Contract in accordance with 2 CFR Part 200 (UniformAdministrative Requirements.Cost Principles.and Audit Requirements for Federal Awards).as amended from time to time;provided.however.the cost and expense of such audit and other reporting required in this Contract shall not be funded from the CDBG Funds received.If a grant-speci?c audit is conducted,it must be submitted to the City no later than one hundred twenty (120)days after termination of this Contract.If included in Recipient’s overall organizational audit(s).then the audit must be submitted no later than one hundred twenty (120)days following the end of each ?scal year of Recipient during which the CDBG Funds were expended by Recipient. 8.2.Recipient shall abide by the provisions of Section 112.3135.Florida Statutes,as amended from time to time.pertaining to nepotism in its performance under this Contract. Agenda Item #9.D.24 Mar 2025 Page 87 of 182 I I I II .I I 'II\I II I"— 1-I J. _l I .I. I u I .. III :I-a I I I E n 'I VI..._I I I—.‘I 'H III I I. 'I ;! II II I IIVI=.. I _. I . II n. 8.3.Recipient shall abide by Chapter 119,FloridaStatutes,and related laws.concerning public records.as amended from time to time. 8.4.Recipient accepts the CDBG Funds appropriated pursuant to this Contract in accordance with the terms of this Contract and shall abide by the audit requirements of this Contract or such other audit requirements as may be mandated by the City. 8.5.Recipient shall adhere to the following City procurement requirements in its procurement of goods and services and will maintain written documentation in its records of its compliance: (a)Any purchase of $10,000 or less requires at least one (1)written quotation. (b)Any purchase greater than $10,000 requires fulland open competition. 8.6.Upon a recommendation by the City,based on a writtenjusti?cation from Recipient that a purchase can only be ef?ciently and effectively made from one proprietary or sols—source, the City may approve the purchase.in accordance with the procedures set forth in this Contract, without competition or advertisement,but only ifit is speci?cally found by the City based on all of the relevant facts that a proprietary or sole-source purchase is proper under the circumstances, and after posting prior notice of the purchase on the City's website or in a local newspaper of general circulation for no fewer than seven (7)calendar days. As a further prerequisite to obtaining City's approval of purchases from a proprietary or sole- source.Recipient shall be required to provide a memorandum from its Executive Director or President to the City that: (a)Provides a summary of the scope of goods or services to be provided, identifying each item,component,or service being procured and the price being proposed for the same; (b)Provides a detailed justi?cation as to why the requested goodslservices can only be efficiently and effectively procured through the recommended proprietary or sole- source provider.For purposes of this section:(i)a “proprietary source"procurement shall apply to follow-up goods or services,such as replacement parts or warranty-related or required maintenance services for products and equipment previously purchased by Recipient,or follow-up or related study services by the same professional that performed the original service,that may only be ef?ciently and effectively provided from one justifiable source;and (ii)a "sole-source”procurement shall apply when there is only one justifiable source,such as patented and manufactured products and services offered for sale in noncompetitive market or solely by a manufacturer's authorized dealer, (c)Asserts that Recipient,prior to justifying theproprietary or sole source,has researched the availability of the requested goods or services from other sources in applicable markets and has discussed and evaluated the same withthe Housing Division’s appropriate project manager;and (d)Attaches (i)a scope of goods and/or services;(ii)a fee andlor cost summary;and (iii)a copy of a proposal letter from the proprietary or sole—source provider regarding the scope of goods and/or services and other proposed contract terms and conditions (i.e.,price,duration,etc). Agenda Item #9.D.24 Mar 2025 Page 88 of 182 8.7.Pursuant to the provisions of Section 448.095,Florida Statutes,Recipient con?rms that it does not currently,and will not in the future,employ,contract with.or subcontract with unauthorized aliens and that it has registered accordingly with the E-Verify platform.Recipient acknowledges that any violation of this provision will result in a default under this Contract and the City shall be entitled to any and all relief available,including,but not limited to,consequential damages,rebate of fees,costs and expenses,etc,resulting fromthe voidingof this Contract. ARTICLE IX Procurement Requirements Regarding Con?icts of Interest 9.1.Reci lent-Related Conflicts of interest. (a)Procurement DisclosureRe uired.Recipient acknowledges that pursuant to Section 126.112,Jacksonville Ordinance Code,if a public of?cial (as de?ned in Section 126.110)has a ?nancial interest in Recipient's bid or contract,such public of?cial must disclose to the City's Procurement Division and Housing Division:(i)at the time the bid or proposal is submitted or subsequently no later than the close of the second full,regular work day after the bid or proposal is submitted (not including the day that the bid is submitted or any Saturday.Sunday,or City holiday);or (ii)prior to or at the time that the of?cial acquires a ?nancial interest in the bid or proposal.The disclosure shall meet the requirements of Section 126.112,Jacksonville Ordinance Code,and include,but not be limited to,the following:the bid or proposal number,the name of the of?cial and his or her public office or position,the name and address of the business entity in which the of?cial has a ?nancial interest,and the position or relationship of the of?cial with that business entity.A public of?cial's failure to make the required disclosure in a timely manner is a violationof Sections 126.112 and 602.406,Jacksonville Ordinance Code. (b)Unauthorized Self-Dealin Prohibited.Except as acknowledged and authorized by Recipient,Recipient’s managers,directors,and officers shall not sell any property (real or personal),goods,or services to,or purchase any property (real or personal),goods,or services from,Recipient directly or indirectly if such sale or purchase involves the CD36 Funds provided under this Contract.Additionally,Recipient may adopt a self-dealing policy to prevent and resolve actual or apparent conflicts of interest between Recipient's organization and its managers.directors.and of?cers regarding Recipient‘s use of CD36 Funds.At the City’s request,Recipient shall provide the City with a copy of such policy. (c)Gifts Prohibited Re uired Noti?cation.Recipient and its subcontractors shall not offer or provide gratuities,favors,or anything of monetary value to any City employee, of?cer,or agent engaged in the selection,award,and administration of this Contract. Pursuant to section 9.2(a),if Recipient has knowledge of a real or apparent con?ict of interest of a City employee,of?cer,or agent regarding this Contract,Recipient shall promptly notifythe City as outlined in section 13.2. (d)Code of Conduct Pursuant to 24 CFR 84.42.Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts.No employee,officer,or agent shall participate inthe selection,award,or administration of a contract supported by federal funds if a real or apparent con?ict of interest would be involved.Such a con?ict would arise when the employee,of?cer,or agent,any member of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the ?rm selected for an award.The of?cers,employees, 9 Agenda Item #9.D.24 Mar 2025 Page 89 of 182 and agents of Recipient shall neither solicit nor accept gratuities,favors,or anything of monetary value from contractors,or parties to sub-agreements.However,Recipient may set standards for situations inwhich the ?nancial interest is not substantial,or the gift is an unsolicited item of nominal value.The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,employees,or agents of Recipient. (e)Default.Recipient's failure to adhere to this section shall be deemed an event of default under section 6.2. 9.2.City-Related Con?icts of Interest. (3)Federal Procurement Re ulations.Recipient acknowledges that City employees and public officers are subject to the federal procurement standards set forth in 2 CFR §§200317400318,which requires the City to maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection,award,and administration of this Contract.Recipient further acknowledges that under the federal procurement standards,no employee,of?cer,or agent of the City may participate in the selection.award.or administration of this Contract ifhe or she has a real or apparent con?ict of interest.Such a conflict of interest would arise when the City employee,officer.or agent,any member of his or her immediate family,his or her partner. or an organization that employs or is about to employ any of the parties indicated herein, has a ?nancial or other interest in or a tangible personal bene?t from this Contract. Additionally,Recipient acknowledges that the officers,employees,and agents of the City may neither solicit nor accept gratuities,favors,or anything of monetary value from Recipient or its subcontractors. (b)State and Local Procurement Laws.Recipient acknowledges that City employees and public of?cers are subject to additional procurement con?ict of interest provisions in Chapter 112,Part III (Code of Ethics for Public Of?cers and Employees), Section 112.313(3),Florida Statutes,and Chapter 602 (Jacksonville Ethics Code),Section 602.406,Jacksonville Ordinance Code. ARTICLE x (Intentionally Deleted) ARTICLE XI Other Federal Program Requirements 11.1.Recipient shall carry out the Services and work performed hereunder in compliance with all applicable federal laws and regulations,which are hereby incorporated in this Contract,as may be amended from time to time,including,but not limited to: Public Law 88-352 -'TitleVIofthe CivilRights Actof 1964,as amended. Public Law 90-284 -Title VIIIof the CivilRights Act of 1968. Executive Order 11063 (as amended by Executive Order 12259). Section 109 of Title I of the Housing and Community Development Act of 1974 (as amended by 42 USC §§5301—5320). Davis-BaconActand related acts (as amended by 40 USC §276a to a-7). Contract Work Hoursand Safety Standards Act (40 USC 5 327-333). National Flood Insurance Program (as set forth in the Florida Disaster Protection Act of 1973) 10 Agenda Item #9.D.24 Mar 2025 Page 90 of 182 II |-.'.I. 'I'v:rIII I I II I.I II I :1 'I D“I I.II 1‘ .I I II I .II -I s-I I II.-I.-I .I .I I I .I:II ;..;H I II I'.I -.II__‘—' T 'II III I I ‘-II I I.I I I .I :I I II I I I ' I.,4.:.II.I I "--_I.| . I I I -II-v "-r'-'I II '',I a II ' L I ,I_v.II IIII .I.II ._E AnI.-.I II -I.._.I.._ _a:I .'II}II I I _I I.I . III ‘=I ‘i I.-I'I I 'I ' II ‘'II "I '‘I-V| I I I I I II nI 'I “II 2 I .I I I I t I II :._-_._I'I .-I I I I - II I I II —'\_I II I ‘l n 1 I --‘''- I I I TII I A I_I ''I I I ''II I ' II'II 7‘'I 1''1 I '-In I 2 I. :I ‘I II 'r |' =I II ..-I -,I -.‘ 'all I I I I I I.I II I ~III II I II Displacement,Relocation Assistance and Real Property Acquisition (as set forth in 49 CFR Part 24 and 24 CFR Part 42). Equal Employment and Contracting Opportunities: 0 Executive Order 11246 (as amended by Executive Orders 11375,11478,12107, and 12088,and supplemented by 41 CFR Part 60). 0 Section 3 of the Housing and Urban Development Act of 1968 (12 USC §1701u). Copeland “Anti-Kickback"Act (18 USC §874 and 40 USC §276a). Lead Based Paint Poisoning Prevention (as set forth in 24 CFR Part 35). Use of Debarred,Suspended or Ineligible Contractors or Sub~Contractors [in accordance with Executive Orders 12549 and 12689,and as set forth in 24 CFR Part 29 and 29 CFR §5-.12(a)(1)i-_. Nondiscrimination Based on Age or Handicap (as set forth in the Age DiscriminationActof 1975,as amended,and 24 CFR Part 146).’''’ Section 504 of the RehabilitationAct of 1973. Environmental Protection Agency Regulations National Environmental Policy of 1969. Title 24,Code of Federal Regulations,Volume 1,Part 135. ByrdAnti-LobbyingAmendment (31 USC §1352). Clean Air Act,942 USC §7401 et seq.)and the Federal Water Pollution Control Act (33 USC §1251 et seq),as amended. 11.2.This Contract is also governed by the following: (a)Section 3 —24 CFR Part 75.The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 USC §1701u)(Section 3)is:(i)to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall,to the greatest extent feasible and consistent with existing federal,state, and local laws and regulations,be directed to low-and very low-income persons, particularly those who are recipients of government assistance for housing;and (ii)to address business concerns of qualifying non-pro?t agencies that provide economic opportunities to low-and very low-income persons.To the extent applicable,Recipient shall adhere to the provisions of the City’s Section 3 Manual available on the City’swebsite. (b)If Recipient is or was created by a religious organization.Recipient agrees that all CDBG Funds disbursed under this Contract shall be subject to the conditions, restrictions,and limitations of 24 CFR §§5.109 and 92.257. (c)Recipient shall comply with the Federal Funding Accountability and Transparency Act,Public Law 109-282 (the “FFATA"),as may be amended from time to time,including all reporting requirements.As required by the FFATA,Recipient shall provide the City with the following information contemporaneously with Recipient's execution of this Contract: (i)The names and total compensation of Recipient's ?ve most highly compensated of?cers if Recipient in the preceding ?scal year received eighty percent (80%)or more of its annual gross revenues in federal awards, $25,000,00000 or more in annual gross revenues from federal awards,and the public does not have access to this information about the compensation of the senior executives of Recipient through periodic reports ?led under Section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 USC §§78m(a)and 780(d))or Section 6104 of the Internal Revenue Code of 1986,as provided in §2(b)(1)of the FFATA; Agenda Item #9.D.24 Mar 2025 Page 91 of 182 (ii)Recipient‘s entity information,Data Universal Numbering System (“DUNS")number,and Parent DUNS number,if applicable;and (iii)Documentation evidencing its registration in the United States Government’s System for Award Management (www.SAM.gov),pursuant to the provisions of the FFATA.Recipient must ensure that such registration remains current and in good standing throughout the term of this Contract. Recipient further agrees to provide the City with additional information and documentation throughout the term ofthis Contract as may be requested by the City to ensure alignment of Recipient’s system and processes to meet the reporting and other requirements of the FFATA.Notwithstanding any provision in this Contract to the contrary.Recipient’s violation of this section shall be cause for immediate suspension of payment to Recipient of the CDBG Funds provided under this Contract and the City’s unilateral termination of this Contract upon thirty (30)days’prior written notice to Recipient of the termination. (d)Recipient shall comply with the Federal Immigration and Naturalization Act. The City shall consider Recipient's employment of unauthorized aliens a violation of Section 274A(e)of the Federal Immigrationand Naturalization Act.Such violation shall be cause for the City's unilateral termination of this Contract upon thirty (30)days’prior written notice of the termination. 11.3.This Contract is for services related to a project that is subject to the BuildAmerica, Buy America Act (“BABAA")requirements under Title IXof the Infrastructure Investment and Jobs Act (“IIJA”),Pub.L.177-58.While services are not subject to BABAA,Recipient understands that they are responsible for ensuring that.absent a waiver by HUD.Recipient shall not approve for use in the Project,any iron,steel,manufactured products.or construction materials unless such materials have been produced in the United States.Recipient shall obtain all necessary compliance certi?cates for work that is within Recipient's scope of work;Failure to do so shall be a default under this Contract.Guidance on complying with BABAAis outlined by the Of?ce of Management and Budget’s Memorandum M-22-11,Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.April 18, 2022. ARTICLE XII Representations and Warranties by Recipient 12.1.Without limitingthe representations.warranties.and covenants of Recipient set forth elsewhere in this Contract,as a material inducement for the City to enter into this Contract, Recipient acknowledges that as of the Effective Date,and continuing during the term of this Contract as ifcontinuously reiterated,that the following is true: (a)Recipient is a Floridamunicipal corporation in Duval County.Florida existing under the laws of the State of Florida.Recipient has fullpower and authority to execute and deliver this Contract and all documents contemplated by this Contract.and to perform its contractual obligations.Recipient's entering into this Contract willnot con?ict withor result in a breach of any other agreement in which Recipient is a party.The individualsigning this Contract on behalf of Recipient have full power and authority to do so,and Recipient shall deliver to the City promptly upon request all documents reasonably requested by the City to evidence that authority. 12 Agenda Item #9.D.24 Mar 2025 Page 92 of 182 \.J (b)Recipient is exempt from taxation in certain instances,including but not limitedto those provided in the Constitution of the State of Florida (Art.Vll,Section 3),and in Chapters 163,196,and 212 of the Florida Statutes. (c)The making,execution,and delivery of this Contract and performance of all contractual obligations by Recipient have been duly authorized and approved by Recipient’s shareholders,members,partners,or Board of Directors (as the case may be). (d)When executed by the City,this Contract and all documents contemplated by this Contract constitute a legal,valid,and binding obligation of Recipient,enforceable in accordance with their respective terms. (e)This Contract and all documents contemplated by this Contract do not and willnot contravene any provision of the governing documents of Recipient,any judgment, order,decree,writ,or injunction to which Recipient is bound,or any provision of any applicable law or regulation to which Recipient is bound. (t)Recipient and each of its general contractors,subcontractors,materialmen, laborers.and other persons performing services relating to the Project hold all necessary licenses,permits,and authorizations required by all applicable governmental agencies and authorities as a condition precedent to conduct business in the State of Floridaand to work on the Project.Recipient shall promptly deliver to the City.upon request,ali documents reasonably requested by the City to evidence such licenses,permits,and authorizations. (9)Recipient has not employed or retained any third party having a relationship with the Cityto solicit or secure this Contract and has not paid or agreed or promised to pay any such person any fee,commission,percentage,gift,or any other consideration contingent upon or resulting from the execution of this Contract. (h)Recipient has not engaged a broker,?nder,or other similar third party in connection with this Contract that would obligate the City to pay any cost,expense,or fee to such broker,finder,or other similar third party. (i)Recipient is not in breach of any prior donation agreement or City code provisions by which the City donated property to Recipient for the development of affordable housing. (j)Recipient is not on the Council Auditor's Non-Compliance List pursuant to Chapter 118,Jacksonville Ordinance Code,or the Vendor Debarment List pursuant to Chapter 126,Jacksonville Ordinance Code. (k)Recipient is not in breach of any of the conditions or requirements of any City grant award or program. (I)Recipient is not delinquent on taxes or payment of liens,including code enforcement,nuisance liens,demolition liens,or other municipal liens or ?nes,on real property owned by Recipient and incurred after Recipient took ownership of the real property. (m)Recipient is not in litigationagainst the City,other than as an agent,attorney, guardian,or personal representative of an estate. 13 Agenda Item #9.D.24 Mar 2025 Page 93 of 182 12.2.Recipient has obtained for the construction of the Project,or will obtain prior to beginning of construction of the Project,all necessary approvals and consents from all governmental or quasi-govemmental authorities having jurisdiction over the Project,including,but not limited to,street openings or closings,zoning and use and occupancy permits,sewer permits, environmental permits and approvals,building permits,highway occupancy permits,subdivision and land development approvals,and approvals of ?re underwriters (collectively,the "Governmental Approvals”),and all Governmental Approvals are or willbe ?nal,unappealed,and unappealable,and remain in fullforce and effect withoutrestriction or modi?cation. 12.3.To the extent applicable to this Contract,no notice of taking by eminent domain or condemnation of any part of the real properties or dwellings contemplated by this Contract has been received,and Recipient has no knowledge that any such proceeding is contemplated with respect to the Project or the improvements. 12.4.No part of any real property or dwelling units contemplated by this Contract has been damaged or injured as a result of any ?re,explosion,accident,?ood,or other casualty that is not now fullyrestored. 12.5.Each and every parcel of real property and dwelling unit contemplated by this Contract abuts and has direct access to a legally opened public right-of-way. 12.6.Electricity,public potable water and public sanitary and storm sewerage facilities and,ifshownon the plans and speci?cations,natural gas service,are available at each and every parcel of real property and dwelling unit contemplated by this Contract,or willbe available prior to beginning construction,and are of sufficientcapacity to service the Project and improvements. 12.7.Allpublic improvements included as part of the Project and/or improvements have been fully authorized by appropriate municipal ordinance or other required municipal action or wil lbesoauthorizedpriortobeginningconstruction.Recipient is not in default under any other agreement with the City,and Recipient has satis?ed all conditions imposed by any governmental authority in connection with the grant of development approval for each and every parcel of real property and dwelling unit contemplated by this Contract. 12.8.Recipient has not relied on any warranty by the City regarding:(a)the accuracy or reasonableness of the Budget;(b)the feasibility or quality of the Construction Documents;(c)the proper application or expenditure by Recipient of the CD36 Funds;(d)the quality or condition of the Project,including the improvements;or (e)the competence or quali?cations of any third party furnishing services,labor,or materials in connection with the construction of the Project,including the improvements.Recipient acknowledges that it has not relied and will not rely upon any experience,awareness,or expertise ofthe City or any City Inspector regarding these matters. ARTICLE XIII Miscellaneous 13.1.This Contract shall not be amended or modi?ed in any way except by an instrument in writing executed by both parties. 13.2.Any notices permitted or required in this Contract,shall be in writing and shall be duly delivered when personally served,or the next business day after such notice is sent by overnight delivery service by a nationally recognized courier such as Federal Express or UPS with delivery charges paid by the sender,or three (3)business days after such notice is mailed to the person at the address designated in this Contract.If notice is mailed,it shall be mailed.postage 14 Agenda Item #9.D.24 Mar 2025 Page 94 of 182 II ..Ill . ...J --u.. I. . r . ,_ I:. '— WI "1 I II 'I I-III I I I I .; I I I.“I :I f H -I = II ,4 II II ,vI N II I II I.-I -:1 -r "l I I II_I ,I. II IIII I I|. I“ II I. I In. A-H I II prepaid,in the United States mailby certi?ed or registered mail,return receipt requested.Failureto accept certi?ed or registered mail shall be deemed a receipt thereof within ten (10)days after the ?rst notice of delivery of the certi?ed or registered mail.Any party may change its address as designated in this Contract by giving such notice of the change to the other party.The addresses for notices to the parties are as follows: To the City:City of Jacksonville Neighborhoods Department,Housing and Community Development Division 214 North Hogan Street,7”Floor Jacksonville,Florida32202 Attention:Chief To Recipient:City ofAtlantic Beach 800 Seminole Road AtlanticBeach,Florida32233 Attention:City Manager 13.3.TIMEIS OF THE ESSENCE in the performance by any party of its obligations under the provisions of this Contract.If time for performance falls upon a Saturday,Sunday,or legal holiday,as de?ned by Florida law,the time for performance shall be the next day that is not a Saturday,Sunday,or legal holiday.Saturdays,Sundays,and legal holidays shall not be considered business days. 13.4.Nowaiver of any term or obligation of this Contract may occur or be enforced unless it is signed by both parties.The failure or delay by either party in asserting any of its rights or remedies as to any default under the provisions of this Contract shall not constitute a waiver of the default,or any other default.or of related rights or remedies. 13.5.Except withrespect to rights and remedies expressly declared to be exclusive in this Contract,ifany,the rights and remedies of the parties are cumulative,and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it,at the same or different times,of any other rights or remedies for the same default,or any other default by the other party. 13.6.Except as expressly provided to the contrary,each section,part,term,or provision of this Contract is severable;and,if for any reason,any section,part.term,or provision is determined to be invalid,contrary to,or in con?ict with,any law,rule,or regulation by a court or governmental agency having competent jurisdiction,and the unenforceability of the invalid provision does not adversely affect the purpose and intent of this Contract,in the City’s sole discretion,the remaining sections,parts,terms,or provisions of this Contract shall continue to be given fullforce and effect. 13.7.This Contract and the rights and obligations of the parties hereto shall inure to the bene?t of and be binding upon the parties.This Contract is for the sole and exclusive benefit of the parties,and no third party is intended to or shall have any rights or bene?ts under this Contract. 13.8.All legal actions or proceedings arising out of or related to this Contract shall lie exclusively in a state or federal court in Duval County,Florida.This Contract shall be governed by, construed,and enforced according to the laws of the State of Florida. 13.9.As required by Section 126,Part 4,Jacksonville Ordinance Code,and directives from the City administration,Recipient has adopted and willmaintain a policy of nondiscrimination 15 Agenda Item #9.D.24 Mar 2025 Page 95 of 182 u‘ m I" In against any person with regard to race,color,sex (including pregnancy),sexual orientation,gender identity or expression,religion,political af?liation,national origin,disability,age,marital status, veteran status,or any other impermissible factor in recruitment,hiring,compensation,training, placement,promotion,discipline,demotion,transfers,layoff,recall,termination,working conditions, and related terms and conditions of employment.Recipient agrees that,on written request,it will permit reasonable access to its records of employment,employment advertisement,application forms,and other pertinent data and records for the purpose of investigation to ascertain compliance withthe nondiscriminationprovisions of this Contract;provided,that Recipient shall not be required to produce for inspection records covering periods oftime more than one (1)year prior to the Effective Date of this Contract.If any of the obligations of this Contract are to be performed by a contractor or subcontractor,the provisions of subsections (a)and (b)of Section 126.404, Jacksonville Ordinance Code,shall be incorporated into and become a part of the subcontract. 13.10.Recipient shall,upon the City's request:(a)promptly correct any defect,error,or omission in this Contract and any related documents;(b)execute,acknowledge,deliver,procure, record,or ?le such further instruments and do such further acts deemed necessary,desirable,or proper by the City to carry out the purposes of this Contract;(c)execute,acknowledge,deliver, procure,?le,or record any documents or instruments deemed necessary,desirable,or proper by the City to protect its rights against the rights or interests of third persons;and (d)provide such certi?cates,documents,reports,information,af?davits,and other instruments and do such further acts deemed necessary,desirable,or proper by the City to carry out the purposes of this Contract. 1311.Unless otheniviseexpressly provided,ifthere is a con?ict between any provisions of this Contract and any attachment or exhibit attached to or referenced in this Contract,the provisions of this Contract shall govern to the extent of such con?ict.The parties have had meaningful input into the terms and conditionscontained in this Contract.Recipient acknowledges that it has had ample time to review this Contract and related documents with counsel of its choice. Should any provision of this Contract require judicial interpretation,there shall be no presumption that the terms ofthis Contract shall be more strictly construed against either party. 13.12.Captions and headings in this Contract are for convenience of reference only and shall not affect the construction of this Contract. 13.13.Allof Recipient‘s representations,warranties,indemnities,and other covenants set forth in this Contract are continuing in nature and shall survive the terminationof this Contract. 13.14.Except for contracts awarded pursuant to 40 USC §3141,et seq.,the parties are aware and understand that a person or af?liate who has been placed on the State of Florida Convicted Vendor Listfollowing a conviction for a public entity crime may not:(a)submit a bid on a contract to provide any goods or services to a public entity;(b)submit a bid on a contract with a public entity for the construction or repair of a public building or public work;(0)submit bids on leases of real property to a public entity;(d)be awarded or perform work as a contractor,supplier, subcontractor,or consultant under a contract with any public entity;or (e)transact business with any public entity in excess of $35,000.00 for a period of thirty-six (36)months from the date of being placed on the Convicted Vendor List. 13.15.Neither party may assign this Contract or any of its rights and obligations under the provisions of this Contract. 1316.Prompt Payment to Subcontractors and Suppliers. Agenda Item #9.D.24 Mar 2025 Page 96 of 182 hl Il . H .. 'I I II . I I ‘H , II II -1 an '_ '-I l A'. II II H I I . IIII Il-II ‘I 'II - '.I I I II I I. e I I . I .I _-.“ I'A --I II I I‘-'I .I - I.—? III I a I 7.I..1 II I.I mu II II (a)Nothing in this Contract shall prohibit Recipient from disputing.pursuant to the terms hereof,all or any portion of a payment alleged to be due to its subcontractors and suppliers.Ifthere is a dispute,Recipient may withhold the disputed portion of the payment only after Recipient has provided written notice to the City and to the subcontractor or supplier whose payment is in dispute,stating the amount in dispute and describing the actions required to cure the dispute.The notice shall be delivered to the City and subcontractor or supplier within (ten)10 calendar days after Recipient receives payment from the City.Recipient shall pay all undisputed amounts due withinthe time limitsimposed by this section. (b)Recipient shall pay all contracts awarded to certi?ed Jacksonville Small and Emerging Businesses (“JSEBs”)as de?ned in Chapter 126,Part 6,"Jacksonville Ordinance Code,for all work completed and materials,services,and equipment furnished by the JSEB associated with this Contract within seven (7)days of completion of the work or services rendered.Recipient shall not unreasonably withhold payments to certi?ed JSEBs.If a dispute arises,Recipient may withhold the disputed portion of the payment but ?rst shall provide notice to the City and to the certi?ed JSEB whose payment is in dispute which notice shall:(i)be in writing;(ii)state the amount in dispute;(iii)speci?cally describe the actions required to cure the dispute;and (iv)be delivered to the City and subcontractor or supplier within?ve (5)calendar days after Recipient's receipt of a request for payment from the JSEB.Recipient shall pay allundisputed amounts due withinthe time limitsimposed by this section.The failure to timely pay undisputed amounts to the JSEB is a material breach of this Contract.Continued failure to adhere to this section is cause for termination of this Contract. (c)The prompt payment requirements of this section shall,in no way,create any contractual relationship or obligation between the City and any subcontractor,supplier, JSEB,or any third party or create any City liability for Recipient’s failure to make timely payments.However,Recipient’s failure to comply with these prompt-payment requirements is a material breach of its contractual obligations to the City.Consequently,the City,without waiving any other available remedy it may have against Recipient,may issue joint checks and charge Recipient a two—tenthspercent (02%)daily late payment interest charge or other charges speci?ed in Chapter 126,Jacksonville Ordinance Code,for JSEBs and Chapter 218,Florida Statutes,for non-JSEBs,whichever is greater. 13.17.Recipient shall annually attend all training workshops relating to the Project and Services contemplated by this Contract,as may be reasonably required by the City. 13.18.Inthe provision ofthe Services to be performed by Recipient,Recipient shall comply with all applicable federal,state,and local laws,rules,regulations,and ordinances,as the same exist and may be amended from time to time.Such laws,rules,regulations,and ordinances shall include,but are not limited to,Chapter 119,Florida Statutes (Florida Public Records Law),and Section 286.011,Florida Statutes (Florida Sunshine Law).Such laws,rules,regulations,and ordinances also include,but are not limited to,obtaining and maintaining all licenses and certi?cations that are required to perform the Services contemplated by this Contract,in the City of Jacksonville,State of Florida.If any of the obligations of this Contract are to be performed by a contractor or subcontractor,the provisions of this section shall be incorporated into and become a part of the subcontract. 13.19.As provided in Section 126.305,Jacksonville Ordinance Code,for professional services contracts over $65,000.00,execution of this Contract by Recipient is deemed to be simultaneous execution of the required truth-in-negotiation certi?cate as ifthe certi?cate had been Agenda Item #9.D.24 Mar 2025 Page 97 of 182 _ :II III I I‘|.- I -_I ’:'I. q .H _::I.II -II I._I I I ._I I .I I -'III-I .I -I I -Il- 'I I|.._.~III I I -I -‘I v 1“I.. IIIII I :I :-III I __..I ...I ,.1-~—---w '' II '—'I I -m 'I -..u .r -'I ~'.I- I —‘m II .__ I ____.I n :I '“I ‘V ''-I I I II '-\_:I I 'II'I '--I I III I I H |-..n I H IH I ‘I ‘=__—I 'I I I I'I 'Z :—__;-.I I _ ''I H'_'|W - I I ''_ 'I,-l‘I - -I II .I '-I‘.’II Iv.:I I.I I _III I:I .--A_I I I H II.l-_I Ll __II—'a n 3 1 I.“I III executed apart from this Contract.Pursuant to such certi?cate,Recipient states that the wage rates and other factual unit costs supporting the compensation under the provisions of this Contract are accurate,complete,and current at the time of contracting.The compensation shall be adjusted to exclude any signi?cant sums where the City determines the contract price was increased due to inaccurate,incomplete,or noncurrent wage rates and other factual unit costs, provided that all such adjustments shall be made within one (1)year following the completion date of this Contract. 13.20.Pursuant to Section 287.135(2),Florida Statutes,a company is ineligible to,and may not,bid on,submit a proposal for,or enter into or renew a contract with an agency or local government entity for goods or services of: (a)Any amount if,at the time of bidding on,submitting a proposal for,or entering into or renewing such contract,Recipient is on the Scrutinized Companies that Boycott lsrael List.created pursuant to Section 215.4725,Florida Statutes,or is engaged in a boycott of Israel;or (b)One milliondollars or more if,at the time of bidding on,submitting a proposal for.or entering into or renewing such contract,Recipient: (1)Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473,Florida Statutes;or (2)Is engaged in business operations in Cuba or Syria. 13.21.Pursuant to Section 287.135(3)(a)4,Florida Statutes,the City may terminate this Contract at the City’s option if the Contract is for goods or services in an amount of one million dollars or more and Recipient: (a)Is found to have submitted a false certi?cation under Section 287.135(5), Florida Statutes; (b)Has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies withActivitiesinthe Iran Petroleum Energy Sector List;or (C)Is engaged in business operations in Cuba or Syria. 1322.Pursuant to Section 287.135(3)(b),Florida Statutes,the City may terminate this Contract at the City’s option ifthe Contract is for goods and services of any amount and Recipient: (a)Is found to have been placed on the Scrutinized Companies that Boycott Israel List;or (b)Is engaged in a boycott of Israel. 13.23.Recipient and its contractors and subcontractors shall maintain all books,documents, papers,accounting records,and other evidence pertaining to costs incurred relating to the Project and shall make such materials available at all reasonable times during the period of this Contract and 18 Agenda Item #9.D.24 Mar 2025 Page 98 of 182 I =II I I . I -n I«I I -I I II I I-.-I .le I I .'r"I.-II i‘-.-I ‘.HIEI:I I 'I II II I II I.I.'I n I ' I I =-I J I II I c II I .I..I.I_..I I I r;_’,,.-I '__..I '—'‘-I ''- -.:‘-II I‘L II I ‘'I ‘ n 1 I II II _I 'I I I :II._I I :- _||_.I I ;; 1II -In;-:II -'.II -If I z I I-I-I I I I I v -ra - l1 _II —I ,~II II I! -I'.II II ..-II I II _I ._,I ..I I I:. I I '-I I ‘“-: I '_I I -I II -.— -II II I I -'.-.I I “-I III I._II II ‘- I .7 I I_._.I II II I ''I '- ;II.I --.I :g ,-.II.II .-I II *1—~‘-I-"—‘.-H - for ?ve (5)years from the date of ?nal payment under this Contract for inspection.copying,and/or audit by the City. 13.24.The commitment of the CDBG Funds is conditioned upon the satisfactory completion of an environmental review and receipt of the Request for Release of Funds from HU Dunder24CFRPart58,if required.In accordance with 24 CFR Part 58,sub-recipients,owners, developers,sponsors.or any third-party partners cannot undertake any physical actions on a site, commit.expend ,or enter into any legally binding agreements for this Project that constitute choice- limiting actions for any CDBG or non—CDBGfunds before the environmental review process has been completed and the City has received a release of funds from HUD.Choice-limiting actions are de?ned by HUD as:property acquisition,demolition,movement,rehabilitation,conversion, repair,or construction prior to the environmental clearance.If Recipient has any need to expend funds prior to the execution of this Contract (i.e.,costs to-conduct environmental review, administration.etc),a written request must be submitted to the City at the address indicated in section 13.2.All requests for pre-award costs are subject to the provisions of 24 CFR §570.200(h)(1)and 2 CFR Part 200.Any violation of this section willresult in the automatic denial of the funding request or the de-obligation of the CDBG Funds.ifalready awarded. 13.25.Recipient shall use its good-faith efforts to afford small businesses,minority business enterprises,and women's business enterprises the maximum practicable opportunity to participate in the performance of this Contract.As used inthis Contract,the terms,“small business” means a business that meets the criteria set forth in Section 3(a)of the Small Business Act,as amended (15 USC §632);and “minorityand women's business enterprise"means a business at least ?fty—onepercent (51%)owned and controlled by minority group members or women.For the purpose of this definition,“minority group members"are African Americans,Spanish-speaking, Spanish surnamed,or Spanish-heritage Americans,Asian-Americans,and American Indians. Recipient may rely on written representation by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 13.26.This Contract may be executed electronically and in any number of counterparts,all of which taken together constitute but one instrument. 13.27.This Contract constitutes the entire understanding and agreement between the parties with respect to its subject matter and supersedes all prior negotiations.representations, agreements,and understandings,oral or written.between them with respect to the subject matter [The remainder of this page Intentionally left blank by the parties.Signature pages follow.] 19 Agenda Item #9.D.24 Mar 2025 Page 99 of 182 By: 7 ,. V‘?lliamB.‘illingsworth City Mana r CITY OF ATLANTIC H,a Florida municipal corporation in ,Florida IN WITNESS WHEREOF.the parties hereto duly execute this Contract as of the day and year ?rst written above. RECIPIENT INFORMATION Name:City ofAtlantic Beach Contact:Steve Swann,City Engineer Telephone:(904)247-5874 Email:sswann@coab.us Federal Tax Identi?cation Number.59-6000267 Unique Entity Identi?er (UEI):WZZNQX64HDF5 CAGE Code Number.10480 20 [Signature page of the City of Jacksonville immediately follows this page.] Date Agenda Item #9.D.24 Mar 2025 Page 100 of 182 : Karen Bowling ChiefAdministrati ve Of?c ery..,;,3.1";UnderAuthorityOf: Executive Order No:2023— ATTEST:CITY OF JACKSONVILLE,a consolidated politicalsubdivision and municipal corporation existing under the laws ofthe State of Florida DATE: Encumbrance and funding informationfor internal City use: 1Cloud Account for Certification of Funds Amount The above-stated amount is the maximum ?xed monetary amount of this contract.It shall not be encumbered by this contract.It shall be encumbered by one or more subsequently issued purchase orders that must reference this contract.Allfinancial examinations and funds that control checking willbe made at the time such purchase orders are issued. In accordance with Section 24.103(e),Jacksonville Ordinance Code,I do hereby certify that there is an unexpended,unencumbered,and unimpounded balance in the appropriation suf?cient to cover the foregoing contract:provided.however,that this certification is not,nor shall it be interpreted as.an encumbrance of funding under this contract.Actual encumbrances shall be made by subsequent purchase orders.as speci?ed inthis contract. Director of Finance City Contract No.:684332-25 Purchase Order No.:684332-25 FORM APPROVED: By: 0 eof neral Counsel G:\Finance 8:Complianoe\l.egaI\Contracts\Dratts\2024-2025\Dratt 2024-2025 PF!Contract -Atlantic Beach (Cityof).dcc Git-#1648367-v2-CIty_of_Atlantic_Beach__2024-432-E__2024-2025_CDBG_PFI_Contract_(OGC_Approved)deco: 2 onna Deegan.MayesR. poration Agenda Item #9.D.24 Mar 2025 Page 101 of 182 Attachment A-1 Attachment A-2 Attachment B-1 Attachment B—2 Attachment B-3 Attachment C Scope of Services &Special Requirements CDBG Real Property Use Standards Financial Procedures —Budget Disbursement Request Form Conditions Precedent to City’s Disbursements Monthly Status Report LIST OF CONTRACT ATTACHMENTS AND EXHIBIT Attachment D Indemni?cation Attachment E Insurance Requirements Exhibit 1 (to Attachment C)CDBG Direct Bene?t Report Agenda Item #9.D.24 Mar 2025 Page 102 of 182 ATTACHMENT A-1 Scope of Services SCOPE OF SERVICES.During the term of this Contract,Recipient agrees to: 1.Maintain documentation that ensures eligibility and compliance with the national objective of the Community Development BlockGrant (“CDBG”).This project is an eligible public facility improvement activity under 24 CFR 570.201(c)and quali?es under the low-moderate area national objective pursuant to 24 CFR 570.208(a)(1). 2.CDBG funding willbe used to repave the parking lot and driveway forthe Veteran's Park Community Center (formerly an assisted livingfacility)located at 100 West First Street,Atlantic Beach, Florida (the "Project").The Veteran’s Park Community Center willoffer servicesto veterans and seniors (ages 60+). 3.During the term of this Contract,Recipient shall: a)Submit to the City procurement documents for review prior to soliciting bids. b)Submit to the City copies of all required approved building permits for the construction of the Project. 0)Conduct and submit routine progress inspections through completion of the Project at a frequency to be determined by the City. d)Submit to the City partial and ?nal lien releases for the Project. a)Provide a “Notice to Proceed"to the contractor for construction and installation of the Project. f)Submit to the City copies of all approved change orders and warranties of equipment and supplies relating to the Project. 9)Follow all Labor Standards,Section 3,Davis-Bacon Act and the City's procurement requirements. 4.Submit disbursement request forms,draw down reports,and monthly status reports, including all backup documentation and Section 3 certi?ed payrolls,on or before the 10THof each month. II. A. SPECIAL REQUIREMENTS Recipient shall include in all advertisements or promotions a statement that "whole or partial funding for the Project is supplied by the City of Jacksonville,Community Development Block Grant program"or wording to that effect.Construction projects shall include a sign indicating that “whole or partial funding is supplied by the City of Jacksonville,Community Development Block Grant program”or wording to that effect.Speci?cations for the sign shall be supplied by the City. Recipient shall adhere to the CDBGReal Property Use Standards (Attachment A-2). 23 Agenda Item #9.D.24 Mar 2025 Page 103 of 182 ATTACHMENTA-2 CDBG Real Property Use Standards I.Recipient shall adhere to the following Real Property Use Standards below: 24 CFR §570.505 Use of Real Property. The standards described inthis Section apply to real property withinRecipient's control which was acquired or improved in whole or in part using CDBG Funds in excess of $25,000.00.These standards shall apply from the date CDBG Funds are ?rst spent for the property until ?ve (5)years after closeout of.an entitlement Recipient's participation in the entitlement CDBG program or,with respect to other,recipients,until ?ve (5)years after the closeout of the grant from which the assistance to the property was provided. (a)Recipient may not change the use or planned use of any such property (including the bene?ciaries of such use)from that for which the acquisition or improvement was made unless Recipient provides affected citizens with reasonable notice of,and opportunity to comment on,any proposed change,and eithet (1)The new use of such property quali?es as meeting one of the national objectives in 24 CFR §570.208 (formerly §570.901)and is not a building for the general conduct of government;or (2)The requirements in paragraph (b)of this Section are met. (b)IfRecipient determines,after consultation with affected citizens,that it is appropriate to change the use of the property to a use which does not qualify under paragraph (a)(1)of this Section,it may retain or dispose of the property for the changed use ifRecipient reimburses to the City CDBG Funds in the amount of the current fair market value of the property,less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of,and improvements to, the property. (c)If the change of use occurs after closeout,the provisions governing income from the disposition of the real property in 24 CFR §570.504(b)(4)or (5),as applicable,shall apply to the use of funds reimbursed. (d)Following the reimbursement of the CDBG Funds received for the Project in accordance with paragraph (b)of this Section,the property witl no longer be subject to any CDBG requirements. II.The above Real Property Use Standards shall survive the termination of this Contract.If Recipient fails to adhere to the Real Property Use Standards as provided above,Recipient shall reimburse to the City directly all CDBG Funds in connection with this Contract in accordance with the provisions of 24 CFR §570.505(b). Agenda Item #9.D.24 Mar 2025 Page 104 of 182 Pi BUDGET Recipient shall adhere to the following budget in the administration ofthis Contract. I.Ex enditures Cit of Atlantic Beach -Veteran’s Park Communi Center drivewa 8.arkin lot Ex nditure of FY2023-2024 Contract Funds $83,750.72 Ex nditure of FY2024-2025 Contract Funds $113,000.00 Total Ex enditures $196,750.72 ATTACHMENT B-1 Financial Procedures —Budget $0.00 $0.00 $0.00 $0. ll,VSu lgmewntal?Funds Matchin Funds Levera e Funds ln-Kind Contributions TotaISu lemental Funds CDBG Funds 0 FY2023 Balance:$83,750.72 0 FY2024:$113 000.00 Total Pro'ect 25 $196 750.72 $196 750.72 FINANCIAL PROCEDURES Agenda Item #9.D.24 Mar 2025 Page 105 of 182 ATTACHMENT B-2 Disbursement Request Form DISBURSEMENT REQUEST FORM Name:City of AtlanticBeach Request # Address:800 Seminole Road Contract# AtlanticBeach,Florida 32233 Project# Phone#(904)247—5874 Tax ID#1 59-60026?Date Submitted:20___ CDBG Budget Total:$196,750.72 1.Contract funds received to date:$ 2.Contract funds previously requested but not yet received:5 3.Amount ofthis request $ CDBG Total Contract Funds Amount of Remaining Line Item &Desert ion Bud .i»:~t Receivedto Date this R uest Balance FY2023 Contract Funds $83,750.72 FY2024 Contract Funds $113,000.00 TOTAL $196,750.72 Signed: Print Name: Title: I certify that the data reported above is correct and the amount requested does not exceed current needs. 26 NOTE:All projects are subject to Davis-Bacon and Section 3.Invoices and Section 3 certified payroll must be submitted with at!disbursement requests.Funds WILL NOT be processed withOut the required documentation. Comments: Agenda Item #9.D.24 Mar 2025 Page 106 of 182 ATTACHMENT B-3 Conditions Precedent to City's Disbursements CONDITIONSPRECEDENT TO CITY’S DISBURSEMENTS I.METHODOF PAYMENT A.Reimbursement. Unless otherwise stated,all Contract funds will be released on a reimbursement basis. Disbursement Request forms (Attachment B-2)may be submitted no more often than monthly, and Recipient may not request disbursement until such time as there is a need for reimbursement of eligible costs.No disbursement shall be made until the operating expenses are incurred and reimbursement requests have been approved by the City of Jacksonville.The time period for the City to process the disbursement request from submission of the request to availability of a check is approximately ten to ?fteen business days. The City's obligation to fund the disbursements to Recipient for the Project shall be limited to expenses incurred by Recipient on or before September 30.2026,and the City's obligation to make disbursements to Recipient for the project shall and sixty (60)days thereafter. 8.Required Documentation. Payment requests must be accompanied by closing statements,receipts,cancelled checks, bank statements corresponding with cancelled checks,invoices,written bids,phone quotes,and any other reasonable and legible documents to support the expenditure and amount of payment requested as may be deemed appropriate by the City in the City's sole discretion together with any Section 3 documentation required by the City'pursuant to this Contract. Requests for reimbursement of wages.salaries,and fringe bene?ts must include copies of employee time sheets,demonstrating the number of hours worked per day and per week.Each time sheet must be signed by the employee and his or her supervisor.If a full-time employee is paid partially with CDBG Funds.a time distribution sheet reporting the number of hours spent working on CD86 projects and on other non-CDBG projects must be submitted.All requests for reimbursement of salary,wages.and fringe bene?ts must be accompanied by a copy of the paycheck. Payment requests for reimbursement of mileage must be accompanied by a log that identi?es the employee,“from”where he or she traveled,“to"location,"number of miles”.beginning and ending "odometer readings"and “purpose of trip."The mileage log must be signed by the employee and his or her supervisor. Recipient’s failure to provide the City with the above required documentation to receive payment under this Contract shall result in a denial of Recipient‘s payment request and shall constitute a material breach of this Contract. 27 Agenda Item #9.D.24 Mar 2025 Page 107 of 182 ATTACHMENT B-3 Conditions Precedent to City’s Disbursements [continued] 0.Procurement. The requirements of Article VIII of this Contract outline the required procurement procedures and documentation for purchases.Items not speci?cally identified in this Contract wil lnotbereimbursedwithCDBGfunds. ll.ADDITIONALPROVISIONS A.MaximumAmount.To the extent that construction is involved: Provided that Recipient has performed all obligations of Recipient when due,and in compliance with the terms and conditions of this Contract.the City shall make disbursements to Recipient for the Direct Costs of the improvements,up to the maximum amount of the CDBG Funds awarded pursuant to this Contract and in accordance with the CDBG regulations.However, in no event shall the City be obligated to make any disbursements in excess of the "Veri?ed Improvements Costs"de?ned below.For purposes of this Contract,the term “Direct Costs”shall mean the direct construction costs actually incurred and paid by Recipient in connection with the construction of the improvements in accordance with,and as itemized in,the Budget.The term “Veri?ed Improvements Costs”shall mean the aggregate amount of the Direct Costs.as certi?ed by the City Inspector pursuant to the terms of this Contract. B.De?ciency. 1.De?cienc as to Im rovements Fundin .If construction is involved and for any reason the City determines,in its sole discretion,that the actual cost to complete the improvements exceeds the amount of the proceeds then not disbursed,the City may require Recipient to fund the costs of the improvements without reimbursement or any further disbursements from the City unti lsuchde?ciency no longer exists.At the City's option,no disbursements shall be made until Recipient has fully complied withthis requirement. 2.De?cienc of Pro'ect Fundin .If construction is involved and for any reason the City determines,in its sole discretion,that the actual cost to complete the Project exceeds the amount of funding then available to Recipient,then the City may require Recipient to fund the costs of the Project without reimbursement or any further disbursements from the City until such de?ciency no longer exists.At the City's option,no disbursements shall be made until Recipient has fully complied with this requirement. C.City Inspector. If construction is involved,the City shall have the right to retain,at Recipient's sole cost and expense,an inspector to act as a consultant to the City (the “City Inspector”)in connection with the grant and the construction of the Project,to review and advise the City with respect to all matters related to the design.construction.operation and use of the Project.to monitor the progress of construction.and to review disbursement requests and permitted change orders submitted hereunder.The reasonable fees and expenses of the City Inspector shall be due and payable by Recipient as invoiced.Recipient shall provide to the City and the City lnspectcrfacilities commonly made available by contractors for the inspection of construction projects and afford full and free access by the City and the City Inspector to all documents requested.Recipient 28 Agenda Item #9.D.24 Mar 2025 Page 108 of 182 Elem;..v -.:4 . I V .1-:-I 'I .I II - -.II I "‘.-I ' .1 I II I .|-I I I |I. , I»I I I I I I I r I I A-I 'I :I I II .q.a ;I I .I.I .I I 1 II R -,._3 I -I |v I .1 I III ''-‘r '-I l -I 'I I -I 1 ':-- I II I I I 2 I I I I I :III III I I I II_ I.I g A _..I II-- .I .".-.' L _.;_ I _.._II _ I I |I I I ... _I II II I ‘:I I l'-I -I T '‘--| -.I II-I I .I I 1.II I H r I...III I I I II II _n I I II .II_;.II 1 I -II _L ' V I -I ... I Ir '.-'—II '-'I' I h -III _I""‘'1 II ''I' -I -I nl -I.‘'I-.I <l’='I I 'J I -"II II I....I .I.=:II a :III III >.--I <II I II -.IIII J .a I I I n .I I I I _..2 ; .I I. I ..._I s _I 3|.II I 'K’J I? -i"'-III I :I :‘A I I I.E I =:II In,“ ..I .I I II F I 'I II -;|'II I I I _I I ..x ._l‘.I I I II _I I 4 _.‘II III I -I ._. I I'I ' _ I :2 r“'II ;I II III‘~'I III :.I II II ‘ I I II ‘II II -_I I III :I t—é.I—r:1 __I I'I |—I..I I El I.-._ 'I’II I 2 I.--I‘.''I 'I *4 v |I I.‘I 'II I-'-I-‘--<‘I - 9.-'I III —|-I ---II II I I ‘I _.I I II I —I4 I __;—:Z II .I'I‘_' I II ....._.'1 _. I-I ..I I |I .-—-'- I II I II :I'I 'I I'I'I I I I -|I I I .a .I .I I I I-I - acknowledges that (a)City inspector has been retained by the City to act as a consultant,and only as a consultant,to City in connection with the construction of the Project,(b)the City Inspector shall have no power or authority to make any decision or to give any approval or consent or to do anything which is binding upon the City and any such purported decision,approval,consent or act by the City Inspector on behalf of the City shall be void and of no force or effect,(c)the City reserves the right to make any and all decisions required to be made by the City under this Contract,in its sole and absolute discretion,without,in any instance,being bound or limited in any manner whatsoever by any opinion expressed or not expressed by the City Inspector to the City or to any other person,and (d)the City reserves the right,in its sole and absolute discretion,to replace the individual serving as the City Inspector at any time and without prior notice to or approval by Recipient. D.Disbursement Procedures. All disbursements shall be made from time to time upon written application of Recipient pursuant to a disbursement request.Recipient shall submit disbursement requests to the City no more frequently than monthly,covering work performed since the prior disbursement request.Each disbursement request shall constitute a representation and warranty by Recipient to the City that: (a)the work performed and the materials supplied as of the date thereof are in accordance withthe Construction Documents,this Contract and the Budget,(b)the work and materials for which payment is requested have been physically incorporated into the Project improvements,(c)the value is as stated,(d)the work and materials conform with all applicable rules and regulations of the public authorities having jurisdiction,(e)payment for the items described in such Disbursement Request (as de?ned below)has been made by Recipient (or,at the option of the City,willbe made by the City directly to the provider of the service),(i)such Disbursement Request is consistent with the Budget,this Contract,and the City's Housing and Community Development Division's Consolidated Plan,and (9)no event of default or event which,with the giving of notice or the passage oftime,or both,would constitute an event of default has occurred and is continuing. E.Requests for Disbursement. For each request for a disbursement,Recipient shall submit to the City a completed written Disbursement Request Form as provided inAttachment B-2 (each,a "Disbursement Request”), together with a check inthe amount of the inspection fee set forth in Section ”F.hereof,if required by City.In each Disbursement Request,Recipient shall certify and describe in detail reasonably acceptable to the City:(a)the cost of the labor that has been performed and the materials that have been incorporated into the improvements.(b)the amount actually paid by Recipient for such labor and materials and (c)the amount Recipient is seeking pursuant to the Disbursement Request.Recipient shall attach to each Disbursement Request such invoices,receipts and other documents required by the City evidencing that the costs and expenses were actually incurred and paid for by Recipient and were expended on and pertain to the improvements. F.Inspection. If construction is involved,upon receiving each Disbursement Request,the City Inspector shall determine:(a)whether the work completed as of the date of such Disbursement Request has been done satisfactorily and in accordance withthe Construction Documents,this Contract and the Budget,(b)the percentage of construction of the improvements and the Project completed as of the date of such Disbursement Request,(c)the Direct Costs actually incurred for work in place as part of the improvements as of the date of such Disbursement Request,(d)the actual sum necessary to complete construction of the improvements and the Project in accordance with the Construction Documents,this Contract and the Budget,and (e)the amount of time from the date of such Disbursement Request that will be required to complete construction of the improvements 29 Agenda Item #9.D.24 Mar 2025 Page 109 of 182 and the Project in accordance with the Construction Documents,this Contract and the Budget.At the City's option.Recipient shall pay an inspection fee in the amount of Two Hundred and Fifty Dollars ($250.00)to the City upon submission of each Disbursement Request to cover the cost of the City Inspector engaged by the City to inspect the progress of the Project.All inspections by or on behalf of the City shall be solely for the bene?t of the City,and Recipient shall have no right to claim any loss or damage against the City or the City Inspector arising from any alleged (x) negligence in or failure to perform such inspections,(y)failure to monitor disbursements or the progress or quality of construction,or (2)failure to otherwise properly administer the grant. G.Conditions to Disbursements. 'i.General Conditions.The City shall have noobligation to make any disbursement (a) unless the City is satis?ed,in its sole and absolute discretion,that each and every condition precedent to the making of such disbursement has been satis?ed or (b)ifan event of default or an event that withthe giving of notice or the passage of time,or both,would constitute an event of default.has occurred or is continuing. 2.Conditions to Initial Disbursement.If construction is involved,the obligation of the Cityto make the initial disbursement is conditioned upon the occurrence of each of the following: (a)Recipient shall have provided to the City,in form and substance satisfactory to the City,evidence showing that the income eligible client holds title to the real property upon which Recipient will construct the Project and improvements.and Recipient has caused the execution,recording and delivery of the security documents (prior to recording any Notice of Commencement). (b)Recipient shall have provided to the City,in form and substance satisfactory to the City,evidence that Recipient has applied for and has obtained,or is pursuing and will obtain,all governmental approvals and consents required for the construction of the Project. (c)Recipient shall have provided to the City proof of insurance coverage as required in this Contract. (d)Recipient shall have submitted to the City a Disbursement Request,along with all other information and documentation required pursuant to Section “E.herein. (e)Recipient shall have provided to the City,in form and substance satisfactory to the City,each document,certi?cate and instrument required from Recipient under this Contract. (f)The City shall have received a satisfactory inspection report from City Inspector pursuant to Section "F.herein. (9)Recipient shall have provided to the City.in form and substance satisfactory to the City.an updated budget showing the amount of money actually spent by Recipient on particular items and the remaining costs of the improvements and the Project;and (h)Recipient shall have provided to the City,in form and substance satisfactory to the City,any such other document,instrument.information,agreement or certi?cate the City may require. 30 Agenda Item #9.D.24 Mar 2025 Page 110 of 182 3.Subse uent Disbursements.The City's obligation to make subsequent disbursements is conditioned upon the occurrence of each of the foliowing: (a)Recipient shall have submitted to the City a Disbursement Request Form,along with all other information and documentation required pursuant to Section ILE.herein;and (b)Recipient shall have provided to the City,in form and substance satisfactory to the City,each document,certificate and instrument required from Recipient under this Contract;and (c)The City shall have received a satisfactory inspection report from the City Inspector pursuant-to Section ”F.herein;and (d)Recipient shall have provided to the City,in form and substance satisfactory to the City,an updated budget showing the amount of money actually spent by Recipient on particular items and the remaining costs of the improvements and the Projects;and (e)Recipient shall have provided to the City.in form and substance satisfactory to the City,any such other document,instrument,information,agreement or certi?cate the City may require. 4.Conditions to Final Disbursement.The obligation of the .City to make the ?nal disbursement is conditioned upon the occurrence of each of the following: (a)Recipient shall have completed each of the items set forth in subsection II.G.3. herein;and (b)Recipient shall have provided to the City,in form and substance satisfactory to the City,a ?nal “as-built"survey in compliance with the requirements of this Contract;and (c)Recipient shall have provided to the City,in form and substance satisfactory to the City,evidence that Recipient has procured an “all-risk"hazard insurance policy;and (d)Recipient shall have completed each of the Project's completion conditions set forth in this Contract. 31 Agenda Item #9.D.24 Mar 2025 Page 111 of 182 ATTACHMENT C Monthly Status Report (as may be updated fromtime to time) MONTHLYSTATUS REPORT To:Housing &Community Development Division Contract No. 214 NorthHogan Street,7“Floor Report No. Jacksonville,Florida 32202 Project No. Recipient:Ci of AtlanticBeach Project:Veterans Park Communit C ‘nterDrivewa &Parkin Lot Report Period:to Date Submitted: Person Completing Report: PROGRESS REPORT:Describe progress to date for the utilization of CDBG funding.CDBG Funds will be used to repave the parking lot and driveway for the Veteran's Park Community Center,located at 100 West First Street.Atlantic Beach.Florida.Include all re uired uack-u documentation vivgv Current Month YearltolDate‘ Date Percenta e Comi lete Percenta3.9Complete Create Bid—RFPIITB* Public Bid Advertisement Scheduled Pre-Bid Meeting Bid Application Return Date issue Notice to Proceed Pre-Construction Meeting Project Start Date Project End Date COMMENTS: do RFP:Request for Bid 60 lTB:lnvita?on to Bid (willprovide samples upon request) 32 Agenda Item #9.D.24 Mar 2025 Page 112 of 182 ATTACHMENT C Monthly Status Report [continued] Provide a self-evaluation tool with quantitative and qualitative measurements.Include copies of meeting notes,brochures.programs.promotional materials or other information pertinent to this Contract. HOW FUNDS WERE SPENT: Copies of all canceled checks and bank statements during the report period must be attached to the monthly report to verify payment of previously submitted invoices and billings.Account for all checks,including any voided checks. SUPPLEMENTARYSUPPORT: Please describe matching and in-king contributions received during this report period: Date:Signed: Title: Program Manager Date FOR HCDDUSEONLY: CD Assistant Administrator Date 33 Reviewed by: ADDITIONALCOMMENTS I certify that to the best of my knowledge the data reported herein is true and correct. Agenda Item #9.D.24 Mar 2025 Page 113 of 182 ATTACHMENT D Indemni?cation INDEMNIFICATION Subject to the limitations in Section 768.28,Florida Statutes,Recipient (the “Indemnifying Party")shall hold harmless,indemnify,and defend the City of Jacksonville and the City’s members, of?cers,officials,employees,and agents (collectively the “Indemni?ed Parties")from and against, without limitation,any and all claims,suits,actions,losses,damages,injuries,liabilities,fines, penalties,costs and expenses of whatsoever kind or nature,which may be incurred by,charged to or recovered from any of the foregoing IndemnifiedParties for: 1.General Tort Liability,for any negligent act,error or omission,recklessness,or intentionally wrongful conduct on the part of the Indemnifying Party that causes injury (whether mental or corporeal)to persons (including death)or damage to property,whether arising out of or incidental to the Indemnifying Party's performance of the Contract,operations.services,or work performed hereunder;and 2.Environmental Liability,to the extent this Contract contemplates environmental exposures,arising from or in connection with any environmental,health and safety liabilities, claims,citations,clean-up,or damages whether arising out of or relating to the operation or other activities performed in connection withthe Contract;and 3.Intellectual Property Liability,to the extent this Contract contemplates intellectual property exposures,arising directly or indirectly out of any allegation that the Services provided under this Contract (the "Services"),any product generated by the Services,or any part of the Services as contemplated in this Contract,constitutes an infringement of any copyright,patent, trade secret or any other intellectual property right.Ifin any suit or proceeding,the Services,or any product generated by the Services,is held to constitute an infringement and its use is permanently enjoined,the Indemnifying Party shall,immediately,make every reasonable effort to secure within sixty (60)days,for the Indemni?ed Parties,a license,authorizing the continued use of the Service or product.Ifthe Indemnifying Party fails to secure such a license for the Indemni?edParties,then the Indemnifying Party shall replace the Service or product with a non-infringing Service or product or modify such Service or product in a way satisfactory to the City,so that the Service or product is non-infringing. Ifan Indemni?ed Party exercises its right under this Contract,the Indemni?ed Party will (1) provide reasonable notice to the Indemnifying Party of the applicable claim or liability,and (2)allow Indemnifying Party,at its own expense,to participate in the litigation of such claim or liability to protect its interests.The scope and terms of the indemnity obligations herein described are separate and apart from.and shall not be limited by,any insurance provided pursuant to the Contract or otherwise.Such terms of indemnity shall survive the expiration or termination of the Contract. In the event that any portion of the scope or terms of this indemnity is in derogation of Sections 725.06 or 725.08,Florida Statutes,all other terms of this indemnity shall remain in full force and effect.Further,any term which offends Sections 725.06 or 725.08,Florida Statutes will be modi?ed to comply with said statutes. Agenda Item #9.D.24 Mar 2025 Page 114 of 182 ATTACHMENT E Insurance Requirements INSURANCEREQUIREMENTS Without limiting its liabilityunder this Contract,Recipient and its subcontractors shall at all times during the term of this Contract procure prior to commencement of work and maintain at its sole expense during the life of this Contract (and Recipient shall require its,contractors,subcontractors,laborers, materialmen and suppliers to provide,as applicable),insurance of the types and limits not less than amounts stated below: Insurance Coverages Schedule Limits Workers'Compensation Florida Statutory Coverage Employers Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Each Employee/Disease This insurance shall cover Recipient (and.to the extent they are not othenrvise insured.its contractors and subcontractors)for those sources of liabilitywhich would be covered by the latest edition of the standard Workers’Compensation policy,as ?led for use in the State of Florida by the National Council on Compensation Insurance (NCCI),without any restrictive endorsements other than the Florida Employers LiabilityCoverage Endorsement (NCCI Form WC 09 03),those which are required by the State of Florida,or any restrictive NCCI endorsements which,under an NCCI ?ling,must be attached to the policy (i.e.,mandatory endorsements).In addition to coverage for the Florida Workers’ Compensation Act,where appropriate,coverage is to be included for the Federal Employers Liabilit yAct,USL&Hand Jones,and any other applicable federal or state law. Commercial General Liability $2,000,000 General Aggregate $2,000,000 Products &Comp.Ops.Agg. $1,000,000 Personal/Advertising Injury $1.000.000 Each Occurrence $50,000 Fire Damage $5,000 Medical Expenses Such insurance shall be no more restrictive than that provided by the most recent version of the standard Commercial General Liability Form (ISO Form CG 00 01)as ?led for use in the State of Florida withoutany restrictive endorsements other than those reasonably required by the City's Of?ce of Insurance and Risk Management.An Excess Liabilitypolicy or Umbrella policy can be used to satisfy the above limits. Automobile Liability $1,000,000 Combined Single Limit (Coverage for all automobiles owned,hired,or non-owned used in performance of the Services) Such insurance shall be no more restrictive than that provided by the most recent version of the standard Business Auto Coverage Form (ISO Form CA0001)as ?led for use in the State of Florida without any restrictive endorsements other than those which are required by the State of Florida,or equivalent manuscript form,must be attached to the policy equivalent endorsement as ?led with ISO (i.e.,mandatory endorsement). Professional Liability $1 ,000,000 Per Claim and Aggregate (Including Medical Malpractice when applicable) 35 Agenda Item #9.D.24 Mar 2025 Page 115 of 182 Such insurance shall be on a form acceptable to the City and shall cover for those sources of liability arising out of the rendering or failure to render the services required in this Contract.Such coverage must be provided on an Occurrence Form or,if on a Claims Made Form,the retroactive date must be no later than the ?rst date of this Contract and such claims-made coverage must respond to all claims reported within three years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. Builders Riskilnstallatlon Floater 100%Completed Value of the Project Such insurance shall be on a form acceptable to the City's Of?ce of Insurance and Risk Management. The Builder’s Risk policy shall include the SPECIAL FORM I ALLRISK COVERAGES.The Builder‘s Risk andlor Installation policy shall not be subject to a coinsurance clause.It shallinclude a maximum $10,000 deductiblefor all claims,other than Windstormand hail.For Windstormand hail coverage,the maximum deductible applicable shall be 2%of the completed value of the Project.Named insureds shall be Contractor,the City.and respective members.officials,employees and agents,the Engineer, and the Program Management Firm(s)(when program management services are provided).The City of Jacksonville,its members,of?cials,of?cers.employees.and agents are to be named as a loss payee. Pollution Liability $1,000,000 Per Loss $2,000,000 Annual Aggregate Any entity hired to perform services as part of this Contract for environmental or pollution related concerns shall maintain Contractor's Pollution Liability coverage.Such coverage will include bodily injury,sickness,and disease,mental anguish or shock sustained by any person.including death; property damage including physical injury to destruction of tangible property including resulting loss of use thereof,cleanup costs,and the loss of use of tangible property that has not been physically injured or destroyed;defense including costs charges and expenses incurredinthe investigation,adjustment or defense of claims for such compensatory damages;coverage for losses caused by pollution conditions that arises from the operations of the contractor including transportation.Such coverage must be provided on an Occurrence Form or,if on a Claims Made Form.the retroactive date must be no later than the ?rst date of this Contract and such claims-made coverage must respond to all claims reported within three (3)years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. Pollution Legal Liability $1,000,000 Per Loss $2,000,000 Aggregate Any entity hired to perform services as a part of this Contract that require disposal of any hazardous material off the job site shall maintain Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under this Contract. Such coverage must be provided on an Occurrence Form or,ifon a Claims Made Form,the retroactive date must be no later than the ?rst date of this Contract and such claims-madecoverage must respond to all claims reported within three (3)years following the period for which coverage is required and whichwould have been covered had the coverage been on an occurrence basis. ADDITIONALINSURANCE PROVISIONS A.Certi?cates of Insurance.Recipient shall deliver to the City Certi?cates of Insurance that show the corresponding City Contract or Bid Number in the Description,Additional Insureds. Waivers of Subrogation,and Primary &Non-Contributory statement as provided below.The Certi?cates of Insurance shall be mailed to the City of Jacksonville (Attention:Chief of Risk Management),117 W.Duval Street.Suite 335.Jacksonville,Florida 32202. B.AdditionalInsured.Allinsurance except Worker's Compensation and Professional Liabilityshall be endorsed to name the City of Jacksonville and the City‘s members.of?cials,of?cers,employees, 36 Agenda Item #9.D.24 Mar 2025 Page 116 of 182 J. and agents as Additional insured.Additional insured for General Liability shall be in a form no more restrictive than CGZO10 and.if products and completed operations is required.062037, AutomobileLiabilityCA2048. Waiver of Subro ation.Allrequired insurance policies shall be endorsed to provide for a waiver of underwriters rights of subrogation in favor of the City of Jacksonville and its members, of?cials,of?cers employees and agents. Carrier uali?cations.The above insurance shall be written by an insurer holding a current certi?cate of authority pursuant to Chapter 624,Florida Statutes or a company that is declared as an approved Surplus Lines carrier under Chapter 626,Florida Statutes.Such Insurance shall be written by an insurer withan AM.Best Rating of A-VIior better. Recipient's insurancePrimacy.Theinsurance provided by Recipient shall apply on a primary basis to,and shall not require contribution from,any other insurance or self-insurance maintained by the City or any City members,of?cials,of?cers,employees,and agents. Dedu 'e or Self~lnsured Retention Provisions.All deductibles and self-insured retentions associated with coverages required for compliance with this Contract shall remain the sole and exclusive responsibility of the named insured Recipient.Under no circumstances will the City of Jacksonville and/or its members,of?cers,directors,employees,representatives,and agents be responsible forpaying any deductible or self-insured retentions related to this Contract. Reci ient’s Insurance AdditionalRemed .Compliance with the insurance requirements of this Contract shall not limitthe liabilityof Recipient or its subcontractors,employees or agents to the City or others.Any remedy provided to the City or the City’s members,of?cials,of?cers, employees,or agents shall be in addition to and not in lieu of any other remedy available under this Contract orotherwise. WaiverlEsto el.Neither approval by City nor failure to disapprove the insurance furnished by Recipient shall relieve Recipient of Recipient's full responsibility to provide insurance as required under this Contract. Notice.Recipient shall provide an endorsement issued by the insurer to provide the City thirty (30)days’prior written notice of any change in the above insurance coverage limits or cancellation,including expiration or non-renewal.Ifsuch endorsement is not provided,Recipient, as applicable,shall provide a thirty (30)day written notice ofany change inthe above coverages o rlimits,coverage being suspended,voided.cancelled.including expiration or non-renewal. Survival.Anything to the contrary notwithstanding,the liabilitiesof Recipient under this Contract shall survive and not be terminated,reduced,or otherwise limited by any expiration or terminatio nofinsurancecoverage. Additional lnsuranc .Depending upon the nature of any aspect of any project and its accompanying exposures and liabilities,the City may reasonably require additional insurance coverages in amounts responsive to those liabilities,which may or may not require that the City also be named as an additional insured. S ecial Provision.Prior to executing this Contract.Recipient shall present this Contract and the insurance and indemni?cation requirements provided in Attachment D and Attachment E to its insurance agent af?rming that:(1)the agent has personally reviewed the insurance requirements of the Contract,and (2)the agent is capable (has proper market access)to provide the coverages and limits of liabilityrequired on behalf of Recipient. 37 Agenda Item #9.D.24 Mar 2025 Page 117 of 182 RECIPIENTAGREEMENTCHECKLIST DIVISIONOF EMERGENCYMANAGEMENT MITIGATIONBUREAU FISCAL OPERATIONSUNIT HLMP&SHELTERDEVELOPMENT BEOUESTfORREVIEWANDAPPROVAL RECIPIENT:City of AtlanticBeach PROJECTa:DEM-.HLomos PROJECT‘TITLE:VeteransParkCommunityCenterWindRetro?t Comment:302.39 IMPP'FQCAT'ON#1 RECIPIENTREPRESENTATIVE(POINTOF CONTACT) V\?lliamB.Killingsworth City Manager 800 Seminole Road Atlantic Beach,FL32233“ Enclosed is your copy of the proposed contract/modi?cation between City of Atlantic Beach and the Florida Divisionof Emergency Management (FDEM). COMPLETE Reviewed and Approved Signed&Dated ElectronicCopyby Of?cial Representative Copy of the organization’s resolution or charter that speci?cally identi?es the personpr positionthat is:.-1_uthorizedto sign,if_notChairman,Mayor,or Chief Attachment l —Contracts with Non-Pro?t Organizations -completed,signed,and dated Electronic Submittal to the Grant Specialist Ifyou have any questions regarding this contract,or who is authorized to sign it,please contact your Project Manager at (850)815-4515 or email me at Jillian.Holzman@em.my?orida.com. Agenda Item #9.D.24 Mar 2025 Page 118 of 182 Agreement Number:30236 Project Number:DEM-HL00106 STATE-FUNDEDGRANTAGREEMENT THISAGREEMENTis entered intoby the State of Florida,Divisionof Emergency Management, with headquarters in Tallahassee.Florida(hereinafter referred to as the "Division"),and City ofAtlantic Beach,(hereinafter referred to as the "Recipient").. THIS AGREEMENTIS ENTEREDINTOBASED.ON.THEFOLLOWING-. REPRESENTATIONS:A.The Recipient represents that itis fullyquali?ed and eligibleto receive these grant funds to provide the services identi?edherein;and B.The Divisionhas received these grant funds from the State of Florida,and has the authority to subgrant these funds to the Recipient upon the terms and conditionsbelow;and C.The Divisionhas statutory authority to disburse the funds under this Agreement. THEREFORE,the Divisionand the Recipient agree to the following: (1)LAWS RULES REGULATIONSANDPOLICIES a.As required by section 215.971(1),Florida Statutes,this Agreement includes: i.Aprovision specifying a scope of workthat clearly establishes the tasks that the Recipient is required to perform. ii.Aprovision dividingthe agreement into quanti?able units ofdeliverables that must be received and accepted in writingby the Divisionbefore payment.Each deliverablemust be directly related to the scope ofwork and specify the required minimumlevel ofservice to be performed and the criteriafor evaluating the successful completion ofeach deliverable. iii.A provision specifying the ?nancial consequences that apply ifthe Recipient fails to performthe minimumlevel of service required by the agreement. iv.Aprovision specifying that the Recipient may expend funds onlyfor allowabl ecostsresultingfromobligationsincurredduringthespeci?ed agreement period. v.A provision specifying that any balance of unobligated fundswhich has been advanced or paid must be refunded to the Division. vi.Aprovision specifying that any funds paid in excess of the amount towhich the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. b.In addition to the foregoing,the Recipient and the Divisionshall be governed by a_ll applicable State and Federal laws,rules and regulations,includingthose identi?ed inAttachment B.Any express reference inthis Agreement to a particularstatute,rule,or regulation in no way implies that no other statute,rule,or regulation applies. Agenda Item #9.D.24 Mar 2025 Page 119 of 182 (2)CONTACT a.Inaccordance withsection 215.971(2),Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance ofthis Agreement’s terms and conditions and shall serve as the Division's liaison with the Recipient.As part of his/her duties,the Grant Manager for the Divisionshall: i.Monitorand document Recipient performance;and, ii.Review and document-alldeliverablesfor which the Recipientrrequests b.The Division‘s Grant Manager forthis Agreement is: Jillian Holzman HLMPProgram Manager 2555 Shumard Oak Blvd Tallahassee,Florida 32399 Telephone:850-815—4515 Email:Jillian.Holzman@em.myflorida.com c.The name and address of the representative of the Recipient responsible forthe administrationof this Agreement is: Vl?lliamB.Killingsworth City Manager 800 Seminole Road AtlanticBeach,FL32233 Telephone:904—247-5817 Email:Billk@coab.us cl.In the event that different representatives or addresses are designated by either party after execution of this Agreement,notice of the name,title and address ofthe new representative willbe provided to the other party. (3)TERMS ANDCONDITIONS This Agreement contains allthe terms and conditions agreed upon by the parties. (4)EXECUTION This Agreement may be executed in anynumber of counterparts,any one of which may be taken as an original. (5)MODIFICATION payment. Agenda Item #9.D.24 Mar 2025 Page 120 of 182 Either party may request modi?cation of the provisions ofthis Agreement.Changes which are agreed upon shall be valid only when inwriting,signed by each ofthe parties,and attached to the original of this Agreement. (6)SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work. Attachment A ofthis Agreement. (7)PERIOD OF AGREEMENT .ThisAgreementshall begin on Se tember32024 andshallendonJune 30 2025 unless terminated earlier in accordance withthe provisions of Paragraph (16)TERMINATION.In accordance with Section 215.971(1)(d),Florida Statutes,the Recipient may expend funds authorizedby this Agreement “onlyfor allowable costs resulting from obligations incurred during"the period of agreement. (8)FUNDING a.This is a cost-reimbursement Agreement.subject to the availability of funds. b.The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,and subject to any modi?cation in accordance witheither chapter 216,Florida Statutes,or the Florida Constitution. c.The Divisionwillreimburse the Recipient onlyfor allowable costs incurred bythe Recipient in the successful completion of each deliverable.The maximum reimbursement amount for each deliverableis outlined inAttachment A of this Agreement (“Budget and Scope ofWork”).The maximum reimbursement amount for the entirety of this Agreement is 220 000.00. d.The Divisionwillreview any request for reimbursement bycomparing the documentation provided by the Recipient against a performance measure,outlined in AttachmentA, which clearly delineates: i.The required minimum acceptable level of service to be performed;and, ii.The criteriafor evaluating the successful completion of each deliverable. e.The'Division's Grant Manager,as required by section 215.971(2)(c),Florida Statutes, shall reconcile and verify all funds received against allfunds expended during the period of agreement and produce a final reconciliation report.The ?nal report must identify any funds paid inexcess of the expenditures incurred by the Recipient. f.For the purposes of this Agreement,the term "improper payment"means or includes: i.Any payment that should not have been made or that was made inan incorrect amount (including overpayments and underpayments)under statutory,contractual, administrative,or other legally applicable requirements;and, ii.Any payment to an ineligibleparty.any payment for an ineligible good or service,any duplicate payment,any payment for a good or service not received (except for such Agenda Item #9.D.24 Mar 2025 Page 121 of 182 payments where authorizedby law),any payment that does not account for credit for applicable discounts,and any payment where insuf?cient or lack of documentation prevents a reviewer from discerning whether a payment was proper. 9.As required by the Reference Guide for State Expenditures,reimbursement fortravel must be in accordance with section 112.061,Florida Statutes,which includes submission of the claim on the approved state travel voucher. (9)RECORDS .\.a.As a conditionof receiving.state financial assistance,and asrequired by sections. 20:055(6)(c)and 215.97(5)(b),Florida Statutes,the Division,the Chief Inspector General of the State of Florida,the Florida AuditorGeneral,or any of their authorized representatives,shall enjoy the rightof access to any documents,?nancial statements,papers,or other records of the Recipient which are pertinent to this Agreement,inorder to make audits,examinations,excerpts,and transcripts.The right of access also includes timely and reasonable access to the Recipient’s personnel for the purpose of interviewand discussion related to such documents.For the purposes of this section,the term “Recipient ”includes employees or agents,including all subcontractors or consultants to be paid from funds provided under thisAgreement. b.The Recipient shall maintain all records related to this Agreement for the period of time specified inthe appropriate retention schedule published by the Florida Department of State. information regarding retention schedules can be obtained at:htt ://dos.m orida.com/libra - archives/records-mana ement/enera|-records-schedules/. c.Florida's Government inthe Sunshine Law (Section 286.011,Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements:(1)all meetings of public boards or commissions must be open to the public;(2) reasonable notice of such meetings must be given;and,(3)minutes ofthe meetings must be taken and promptlyrecorded.The mere receipt of publicfunds by a private entity,standing alone,is insuf?cient to bring that entity withinthe ambit of the open government requirements.However,the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies'performance of their public duties.Ifa public agency delegates the perfomtance of its public purpose to a private entitv.then.to the extent that private entity is performing that public purpose,the Government inthe Sunshine Law applies.For example,if a volunteer fire department provides ?re?ghting services to a governmental entity and uses facilities and equipment purchased'with public funds,then the Govemment in the Sunshine Lawapplies to board of directors for that volunteer ?re department.Thus,to the extent that the Government inthe Sunshine Law applies to the Recipient based upon the funds provided under this Agreement,the meetings ofthe Recipient’s governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements.These meetings shall be publicly noticed,open to the 4 Agenda Item #9.D.24 Mar 2025 Page 122 of 182 public.and the minutes of all the meetings shall be public records,available to the public in accordance withChapter 119,Florida Statutes. d.Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf.Unless specifically exempted from disclosure by the Legislature,all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency)in conjunctionwith of?cial business which are used to perpetuate communicate.or formalize knowledge qualify as public records subject to public inspection. The mere receipt ofpublic fundsbya privateentitystanding alone,isinsuf?cienttobringthatentity withinthe ambit ofthe publicrecordrequirements.However,whenapublicentity delegates a public function to a private entity,the records generated by the private entity's performance of that duty become public records.Thus,the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. e.The Recipient shall maintain all records for the Recipient and for allsubcontractors or consultants to be paid from funds provided under this Agreement,includingdocumentation of all program costs,ina form sufficientto determine compliance with the requirements and objectives of the Budget and Scope of Work -Attachment A —and all other applicable laws and regulations. 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 THE CUSTODIAN OF PUBLIC RECORDS AT:(850)815-7671,Records@em.myflorida.com,or 2555 Shumard Oak Boulevard,Tallahassee,FL 32399. (10)AUDITS a.’Inaccounting for the receipt and expenditure offunds under this Agreement,the Recipient shall follow Generally Accepted Accounting Principles ("GAAP").As defined by 2 C.F.R. §200.1,GAAP “has the meaning speci?ed inaccounting standards issued by the Government Accounting Standards Board (GASB)and the Financial Acc0unting Standards Board (FASB).” b.When conducting an audit ofthe Recipient's performance under this Agreement,the Divisionshall use Generally Accepted Government Auditing Standards ("GAGAS”).As de?ned by2 C.F.R.§200.1,GAGAS,”also known as the Yellow Book,means generally accepted government auditing standards issued by the Comptroller General of the United States,which are applicable to ?nancial audits.” Agenda Item #9.D.24 Mar 2025 Page 123 of 182 (a) c.Ifan audit shows that all or any portionof the funds disbursed Were not spent in accordance with the conditions of this Agreement,the Recipient shall be held liablefor reimbursement to the Divisionofall funds not spent in accordance withthese applicable regulations and Agreement provisions withinthirty days after the Divisionhas notifiedthe Recipient of such non-compliance. d.The Recipient shall have allaudits completed by an independent auditor,which is de?ned in section 215.97(2)(i),FloridaStatutes,as “an independent certi?ed publicaccountant licensed underchapter 473.”The independent auditor shallstate that theaudit complied with the applicable ,.provisions notedabove.The audits must be receivedbyptheDivisionno laterthannine.monthsfromthe end ofthe Recipient’s ?scal year. e.The Recipient shall send copies of reporting packages required under this paragraph gireitly to each of the following: i.The Divisionof Emergency Management DEMSin le Audit em.m 'florida.com DEMSingle_Audit@em.myfiorida.com OR Of?ce ofthe inspector General 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 ii.The AuditorGeneral Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida32399-1450 (11) a.The Recipient shall provide the Divisionwith quarterly reports and a close-out report.These reports shall include the current status and progress by the Recipient and all Sub-Recipients and subcontractors in completing the work described in the Scope of Work and the expenditure offunds under this Agreement,inaddition to any other information requested by the Division. b.Quarterly reports are due to the Divisionno later than 15 days after the end of each quarter of the programyear and shall be sent each quarter untilsubmission ofthe administrative closeout report, The ending dates for each quarter ofthe program year are March 31,June 30,September 30,and December 31. c.The close-out report is due 60 days after termination ofthis Agreement or 60 days after completion of the activities contained inthis Agreement,whichever occurs ?rst. d.Ifall required reports and copies are not sent to the Divisionor are not completed in a manner acceptable to the Division,the Divisionmay withholdfurther payments untilthey are completed or may 6 REPORTS Agenda Item #9.D.24 Mar 2025 Page 124 of 182 take other action as stated in Paragraph (15)REMEDIES."Acceptable to the Division"means that the work product was completed in accordance withthe Budget and Scope ofWork. e.The Recipient shall provide additional program updates or information that may be required by the Division. f.The Recipient shall provide additional reports and information identified in Attachment D. (12)MONITORING a.The Recipient shall monitor its performance under thisAgreement,as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished withinthe specified time periods.and other performance goals are beingachieved.A review shall be done for each function or activityinAttachment A to this Agreement,and reported in the quarterly report. b.Inaddition to reviews of audits conducted in accordance with paragraph (1O)AUDITSabove, monitoring procedures may include,but not be limitedto,on-site visits by Division staff,limitedscope audits,or other procedures.The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division.Inthe event that the Divisiondetermines that a limitedscope audit of the Recipient is appropriate,the Recipient agrees to comply with any additional instructions provided bythe Divisionto the Recipient regarding such audit.The Recipient further agrees to complyand cooperate with any inspections,reviews,investigations or audits deemed necessary by the Florida Chief Financial Of?cer or Auditor General.In addition,the Divisionwillmonitorthe performance and ?nancial management by the Recipient throughout the period of agreement to ensure timely completion of all tasks. (13)LIABILITY a.Unless Recipient is a state agency or subdivision.as defined insection 768.28,Florida Statutes.the Recipient is solely responsible to parties itdeals with in carrying out the terms ofthis Agreement,and shall hold the Division harmless against allclaims of whatever nature bythird parties arising from the work performed under this Agreement.For purposes of this Agreement,Recipient agrees that it is not an employee or agent of the Division,but is an independent contractor. b.Any Recipient which is a state agency or subdivision,as de?ned in section 768.28,Florida Statutes,agrees to be fully responsible for its negligent ortortious acts or omissions which result inclaims or suits against the Division,and agrees to be liablefor any damages proximately caused by the acts or omissions to the extent set forth in section 768.28,Florida Statutes.Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunityapplies.Nothing herein shall be construed as consent by a state agency or subdivisionof the State of Florida to be sued by third parties in any matter arising out of this agreement. (14)DEFAULT Agenda Item #9.D.24 Mar 2025 Page 125 of 182 Ifany of the followingevents occur ("Events of Default"),all obligations on the part of the Division to make further payment of funds shall,ifthe Division elects,terminate and the Divisionhas the option to exercise any of its remedies set forth in Paragraph (15)REMEDIES.However,the Divisionmay make payments or partial payments after any Events of Default withoutwaiving the rightto exercise such remedies,and without becoming liableto make any further payment: a.Ifany warranty or representation made by the Recipientinthis Agreement or any previous agreement withtheDivisionis or becomes falseor misleading in any respect,or ifthe Recipient fails-to keep or perform any ofthe obligations,terms or covenants in this Agreement or any previous agreement withtheDivisionand has not cured them intimely fashion,or is unable or unwillingto meet its obligations under this Agreement; b.Ifmaterial adverse changes occur inthe ?nancial conditionof the Recipient at any time during the period of agreement,and the Recipient fails to cure this adverse change within thirty (30)days from the date written notice is sent by the Division. 0.Ifany reports required by this Agreement have not been submitted to the Divisionor have been submitted with incorrect,incomplete or insufficient information; d.Ifthe Recipient has failed to perform and complete on time any of its obligations under this Agreement. (15)REMEDIES if an Event of Default occurs,then the Divisionshall,after thirty (30)calendar days writtennotice to the Recipient and upon the Recipient's failure to cure withinthose thirty(30)days,exercise any one or more ofthe following remedies,either concurrently or consecutively: a.Terminate this Agreement,provided that the Recipient is given at least thirty (30)days prior written notice ofthe termination The notice shall be effective when placed in the United States,?rst class mail,postage prepaid,by registered or certi?ed mail-return receipt requested,to the address in paragraph (2)CONTACT herein; b.Begin an appropriate legal or equitable action to enforce performance of this Agreement; c.Withholdor suspend payment of all or any part of a request for payment; cl.Require that the Recipient refund to the Divisionany monies used for ineligible purposes under the laws,rules and regulations governing the use ofthese funds. e.Exercise any corrective or remedial actions,to includebut not be limitedto: i.request additional information from the Recipient to determine the reasonsfor or the extent of non-compliance or lack of performance, ii,issue a written warning to advise thatmore serious measures may be taken if the situation is not corrected, iii.advise the Recipient to suspend,discontinue or refrain from incurring costs for any activities inquestion or Agenda Item #9.D.24 Mar 2025 Page 126 of 182 iv.require the Recipient to reimburse the Divisionfor the amount of costs incurred forany items determined to be ineligible; 1‘.Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies willnot stop the Divisionfrom pursuing any other remedies inthis Agreement or provided at law or in equity.Ifthe Divisionwaives any rightor remedy in this Agreement or fails to insist on strict performance by the Recipient,itwillnot affect,extend or waive any other right or remedy of the Division,or affect the later exercise of the same right or remedy by the Division for any otherdefaultvbytheRecipient. (16)TERMINATION. ’ a.The Divisionmay terminate this Agreement for cause after thirty (30)days written notice. Cause can include misuse of funds.fraud,lackof compliance with applicable rules,laws and regulations, failure'to perform on time,and refusal by the Recipient to permit publicaccess to any document.paper, letter,or other material subject to disclosure under chapter 119,Florida Statutes,as amended. b.The Division mav terminate this Agreement for convenience or when itdetermines,in its sole discretion,that continuing the Agreement would not produce bene?cial results in line withthe further expenditure of funds,by providing the Recipient with thirty (30)calendar days priorwritten notice. c.The parties may agree to terminate this Agreement for their mutual convenience through a writtenamendment of this Agreement.The amendment willstate the effective date of the termination and the procedures for proper closeout of this Agreement. d.In the event this Agreement isterminated,the Recipient willnot incur new obligations for the terminated portion of this Agreement after the Recipient has received the noti?cationof termination.The Recipient willcancel as many outstanding obligations as possible.Costs incurred after receipt of the termination notice willbe disallowed.The Recipient shall not be relieved of liabilityto the Division because of any breach ofthis Agreement by the Recipient.The Division may,to the extent authorized by law,withholdpayments to the Recipient for the purpose of set—offuntilthe exact amount of damages due the Divisionfrom the Recipient is determined. (17)SUBCONTRACTS Ifthe Recipient subcontracts any of the work required under this Agreement,a copy ofthe unsigned subcontract must be fonrvardedto the Division for reviewand approval before itis executed by the Recipient.The Recipient agrees to include inthe subcontract that (i)the subcontractor is bound by the terms of this Agreement,(ii)the subcontractor is bound by all applicable state and federal laws and regulations,and (iii)the subcontractor shall hold the Divisionand Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance ofwork under this Agreement,to the extent allowed and required by law.The Recipient shall document in the quarterly report the subcontractor’s progress in performing its work under this Agreement. For each subcontract,the Recipient shall provide a written statement to the Divisionas to whether Agenda Item #9.D.24 Mar 2025 Page 127 of 182 that subcontractor is a minoritybusiness enterprise,as de?ned insection 288.703,Florida Statutes. (18)ATTACHMENTS a.Allattachments to this Agreement are incorporated as ifset out fully. b.Inthe event ofany inconsistencies or con?ict between the language of this Agreement and the attachments,the language of the attachments shall control,but only to the extent of the con?ict or inconsistency. c.This Agreement has the following attachmentsf Exhibit 1-Funding Sources -A .. Attachment A—Budget and Scope of Work Attachment B—Program Statutes and Regulations Attachment C-Statement ofAssurances Attachment D—Request for Advance or Reimbursement Attachment E —JustificationofAdvance Payment Attachment F —Quarterly Report Form Attachment G —Warrantiesand Representations Attachment H-Certi?cationRegarding Debarment Attachment l—Florida AccountabilityContract Tracking System Attachment J —Foreign Country of Concern Af?davit (19)PAYMENTS a.Any advance payment under this Agreement is subject to section 216.181(16),Florida Statues.Alladvances are required to be held in an interest-bearing account.Ifan advance payment is requested.the budget data on whichthe request is based and ajusti?cation statement shall be included inthis Agreement as Attachment E.Attachment E willspecify the amount of advance payment needed and provide an explanation of the necessity for and proposed use ofthese funds.No advance shall be accepted for processing ifa reimbursement has been paid priorto the submittal of a request for advanced payment.After the initialadvance.ifany.payment shall be made on a reimbursement basis as needed. b.Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services.The ?nal invoice shall be submitted within sixty(60)days after the expiration date of the agreement.An explanation of any circumstances prohibitingthe submittal of quarterly invoices shall be submitted to the Divisiongrant manager as part of the Recipient's quarterly reporting as referenced in paragraph (11)REPORTS of this Agreement. c.Ifthe necessary funds are not available to fund this Agreement as a result of action bythe United States Congress,the federal Of?ce of Management and Budgeting,the State ChiefFinancial Of?ceror under paragraph 8 of this Agreement,all obligations on the part of the Divisionto make any further payment of funds shall terminate.and the Recipient shall submit its closeout report withinthirty days of receiving notice from the Division. 10 Agenda Item #9.D.24 Mar 2025 Page 128 of 182 (20)REPAYMENTS Allrefunds or repayments due to the Division under this Agreement are to be made payable to the order of“Divisionof Emergency Management,”and mailed directly to the following address: Divisionof Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 in accordance with section 215.34(2),Florida Statutes,ifa check or other draft is returned to the Division for collection,Recipient shall pay the Divisiona service fee of $15.00 or 5%ofthe face amount ofthe returned check or draft,whichever is greater. (21)MANDATEDCONDITIONS a.The validityof this Agreement is subject to the truth and accuracy of all the information. representations.and materials submitted or provided by the Recipient inthis Agreement,inany later submission or response to a Divisionrequest,or inany submission or response to ful?ll the requirements of this Agreement.Allof said information,representations,and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall,at the option ofthe Divisionand with thirty (30)days written notice to the Recipient,cause the termination ofthis Agreement and the release of the Divisionfrom all its obligations to the Recipient. b.This Agreement shall be construed under the laws ofthe State of Florida,and venue for any actions arising out ofthis Agreement shall be inthe CircuitCourt of Leon County.Ifany provisionof this Agreement is inconflictwithany applicable statute or rule,or is unenforceable,then the provisionshall be nulland void to the extent of the con?ict,and shall be severable,but shall not invalidate any other provision of this Agreement. c.Any power of approval or disapproval granted to the Divisionunder the terms of this Agreement shall survive the term of this Agreement. d.This Agreement may be executed in any number of counterparts,any one of which may be taken as an original. e.The Recipient agrees to complywiththe Americans With Disabilities Act (Public Law 101- 336,42 U.S.C.Section 12101 M,whichprohibits discrimination by public and private entities on the basis of disability in employment,public accommodations.transportation,State and local government services,and telecommunications. f.Those who have been placed on the convicted vendor list followinga convictionfora public entity crime or on the discriminator vendor list may not submit a bid on a contract to provide any goods or sen/ices to a public entity,may not submit a bid on a contract with a public entity for the construction or repair ofa public buildingor public work,may not submit bids on leases of real property to a public entity, ll -» Agenda Item #9.D.24 Mar 2025 Page 129 of 182 :I II I_I_. I I _‘ ' HI I . III ,I .-,_ u.. ‘—I a; I.‘'-" ‘I‘-'.—. ,. J .r ..I I .l I.:-I-wII x .I " i''l ;:'u I”: —III-, a._I I .I.I ..I II II DH may not be awarded or perform work as a contractor,supplier,subcontractor,or consultantunder a contract with a public entity,and may not transact business withany public entity in excess of $25,000.00 for a period of36 monthsfrom the date of being placed on the convictedvendor list or on the discriminatory vendor list. 9.Any Recipient which is not a local government orstate agency,and whichreceives funds under this Agreement from the state government,certi?es,to the best of its knowledge and belief,that it and its principalsoraffiliates: 5.Are not presently debarred,suspended,proposed for debannent,declared ineligible, voluntarilyexcluded,or disquali?ed fromcovered transactions by a federal department or-agency; ii.Have not,withina ?ve-year period preceding this Agreement been convicted of or had a civiljudgment rendered against itforfraud or a criminaloffense inconnection with obtaining,attempting to obtain,or performing a public (federal,state or local)transaction or contract under public transaction; violationof federal or state antitrust statutes or commissionof embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements,or receiving stolen property; iii.Are not presently indicted or othenrvisecriminallyor civillycharged by a governmental entity (federal,state or local)with commission of any offenses enumerated inparagraph (21)(g)(ii)of this certi?cation;and iv.Have not withina ?ve-year period preceding this Agreement had one or more public transactions (federal,state or local)terminated forcause or default. Inaddition.the Recipient shall send to the Division (by email or by facsimile transmission) the completed “Certi?cation Regarding Debarment.Suspension,lneligibility And Voluntary Exclusion"(Attachment H)for each intended subcontractor that Recipient plans to fund under this Agreement.The form must be received by the Division before the Recipient enters into a contract with any subcontractor. h.The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,and subject to any modi?cationinaccordance with Chapter 216,FloridaStatutes,or the Florida Constitution. i.Allbillsfor fees or other compensation for services or expenses shall be submitted in detail suf?cientfor a proper pre-audit and post-audit thereof. j.Any billsfor travel expenses shall be submitted inaccordance withsection 112.061,Florida Statutes. k;The Divisionreserves the rightto unilaterally cancel this Agreement ifthe Recipient refuses to allow public access to all documents,papers,letters or other material subject to the provisions of chapter 119,Florida Statutes,which the Recipient created or received under this Agreement. Agenda Item #9.D.24 Mar 2025 Page 130 of 182 |.Ifthe Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Divisionor be applied against the Division’sobligation to pay the contract amount. m.The State of Floridawillnot intentionally award publicly—fundedcontracts to any contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained in 8 U.S.C.Section 1324a(e)[Section 274A(e)ofthe Immigrationand NationalityAct (“INA”)]. The Divisionshall consider the employment by any contractor of unauthorized aliens a violationof Section 274A(e)of the INA.Such violation by theRecipient of the employment provisions contained in Section 274A(e)of the WA shall be grounds for unilateral cancellation of this Agreement by the Division. n.The Recipient is subject to Florida’s Government in the Sunshine Law(Section 286.011, FloridaStatutes)with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board.Allof these meetings shall be publicly noticed.open to the public,and the minutes ofall the meetings shall be public records,available to the public in accordance withchapter 119.FloridaStatutes. o.Allexpenditures of state financial assistance shall be in compliance with the laws,rules and regulations applicable to expenditures ofState funds,including but not limitedto,the Reference Guide for State Expenditures. p.This Agreement may be charged only with allowable costs resulting from obligations incurred during the period ofagreement. q.Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. r.Section 287.05805,Florida Statutes,requires that any state funds provided forthe purchase of or improvements to real property are contingent upon the contractor or politicalsubdivisiongranting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion ofthe improvements or as further required by law. 5.The Divisionmay,at its option,terminate the Contract ifthe Contractor is foundto have submitted a false certi?cation as provided under section 287.135(5),FloridaStatutes,or been placed on the Scrutinized Companies withActivitiesinSudan List or the ScrutinizedCompanies withActivitiesin the lran Petroleum Energy Sector List.or been engaged in business operations in Cuba or Syria,or to have been placed on the Scrutinized Companies that Boycott lsrael List or is engaged in a boycott of Israel L Ifapplicable,pursuant to Section 255.0993,Florida Statutes,the Sub-Recipient shall ensure that any iron or steel product,as defined insection 255.0993(1)(b),FloridaStatutes,that is permanently incorporated inthe deliverab|e(s)resultingfrom this project,must be produced inthe UnitedStates. (22)LOBBYINGPROHIBITION a.Section 216.347,Florida Statutes,prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant l3 Agenda Item #9.D.24 Mar 2025 Page 131 of 182 or contract prohibitthe expenditure of funds for the purpose of lobbyingthe Legislature,the judicial branch,or a state agency.“ b.No funds or other resources received from the Division under this Agreement may be used directly or indirectlyto in?uence legislation or any other of?cialaction by the Florida Legislature or any state agency. (23)COPYRIGHT PATENTANDTRADEMARK EXCEPT AS PROVIDED BELOW,ANYANDALLPATENTRIGHTSACCRUINGUNDEROR IN CONNECTIONWITHTHE PERFORMANCEOF THIS AGREEMENTARE HEREBY,RESERVED TO THESTATE OF FLORIDA.ANYAND ALL COPYRIGHTS ACCRUING UNDEROR INCONNECTIO NWITHTHEPERFORMANCEOFTHISAGREEMENTAREHEREBYTRANSFERREDBYTHE RECIPIENTTO THE STATE OF FLORIDA. a.Ifthe Recipient has a pre-existing patent or copyright,the Recipient shall retain all rights and entitlementsto that pre-existing patent or copyright unless this Agreement provides otherwise. b.Ifany discovery or inventionis developed in the course of or as a result ofwork orservices performed under this Agreement,or in any way connected with it,the Recipient shall refer the discovery or invention to the Divisionfor a determinationwhether the State of Florida wiIIseek patent protection in its name.Any patent rights accruing under or in connection withthe performance of this Agreement are reserved to the State of Florida.Ifany books,manuals.films,or other copyrightable material are produced,the Recipient shall notifythe Division.Any copyrights accruing under or in connection withthe performance under this Agreement are transferred by the Recipient to the State of Florida. c.Withinthirty (30)days of execution ofthisAgreement,the Recipient shall disclose all intellectualproperties relating to the performance ofthis Agreement that he or she knows or should know could give rise to a patent or copyright.-The Recipient shall retain all rights and entitlements to any pre- existing intellectualproperty that is disclosed.Failure to disclosewillindicate that no such property exists.The Divisionshall then,under Paragraph (b),have the right to allpatents and copyrights that accrue during performance of this Agreement. d.Ifthe Recipient quali?es as a state university under Florida law,then,pursuant to section 1004.23,FloridaStatutes,any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient.Inthe case ofjoint inventions,that is inventions made jointly by one or more employees of both parties hereto,each party shall have an equal,undivided interest in and to such joint inventions.The Divisionshall retain a perpetual,irrevocable,fully-paid,nonexclusive license,for its use and the use of its contractors of any resulting patented,copyrighted or trademarked work products,developed solely by the Recipient,under this Agreement,for Florida government purposes. (24)LEGALAUTHORIZATION. 14 Agenda Item #9.D.24 Mar 2025 Page 132 of 182 The Recipient certi?es that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance ofthis Agreement.The Recipientalso certi?es that the undersigned person has the authority to legallyexecute and bind Recipient to the terms ofthis Agreement. (25)ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. STATE OF FLORIDA DIVISIONOF EMERGENCYMANAGEMENT Name and title:_Curt For ,Mayor Date: F|D#_59-6000267 RECIPIENT: CITYOF ATLANTICBEACH Name and Title KeVinGuthrie,Direrr Date: 1 INWITNESS WHEREOF,the parties hereto have executed thisAgreement. Agenda Item #9.D.24 Mar 2025 Page 133 of 182 State Project - State awarding agency:DivisionOfEmergency management Catalog of State Financial Assistance title:Hurricane Loss MitigationProgram Catalog of State FinancialAssistance number.31.066 Amount of State Funding:$220,000.00 STATE RESOURCESAWARDED TO THE RECIPIENT PURSUANTTO THIS AGREEMENT CONSIST EXHIBIT—1 16 SUBJECTTO SECTION215.97 FLORIDASTATUTES: OF THE FOLLOWIN Agenda Item #9.D.24 Mar 2025 Page 134 of 182 'r I a ‘7‘II -I I -II II --:1 -v I : -_I .Ll _1I_I I. (I —r.-._'- n I I I »-=v-I III ‘II I . I ''~I w I ‘_7.,.——_I......-l H —.I 1 ._ ._I ,- I—I I .'l '-I “'r~-I - I -u I _I I II I -III I..I I .IIII-_ II = II I I .. -|'-'I 3 ,- =II I _.II I .T I I III _-II -.a II I III-I 'I II.:I I.I :-:1 .—=.,—..,1 |r I- ——.I —I I.--I''1" —_-.I_|~.-A.II Irv—.. l-I—._II _I I;I I:3 .7 I'‘-‘.'I I --g .-.._4 _.I ——--.._.-,I-II .->-.II <Hl III -.—I II .II Ii =II I .-III —‘l 'I ','"'‘- :—I.‘-'II —'l —'—'I _I z.—I.I-:..Vb .T 'u I .II 1I I I II III-I I I-I I IT.I_I :-I : l‘41",,.,_‘_I ..II.-II ~.-I. I I _I.M -: I I I II .II . '--,I u <.——- ATTACHMENTA SCOPE OF WORK AND BUDGET STATEMENTOF PURPOSE The purpose of this Scope of Work is to provide protection to Veterans Park Community Center inAtlantic Beach,Duval County,Florida.funded through the Hurricane Loss Mitigation Program (HLMP)DEM- HL00106,as approved by the Florida Divisionof Emergency Management (Division). The Recipient,City ofAtlantic Beach,agrees to administer and complete the project per scope ofwork as submitted by the Recipient and subsequently appr0ved by the Division.The Recipient shall complete the work in accordance withallapplicable Federal,State and Local Laws,Regulations and Codes. PROJECT OVERVIEW As a Hurricane Loss Mitigation Program (HLMP)project,the Recipient shall provide protection to the Veterans Park Community Center located at Atlantic Beach,Duval County,Florida. The HLMPproject shall provide protection to the Veterans Park Community Center by completing wind retro?t activities. TASKS AND DELIVERABLES 1A]Tasks Task 1:Identi?cation and Inspections The Recipient shall establisha selection process to identify potentialstructures formitigationimprovements. For residential projects,the selection process shall be open to all Florida homeowners but should avoid con?ict of interest.internal employees,family members,and staff of the Recipient shouldnot be selected. The Recipient shall ensure that a comprehensive mitigation inspection is conducted of all identified structures.The mitigation inspection shall be performed by a state—certifiedinspector or local building of?cial.The inspection shall identify any previous mitigation improvements,as well as any mitigation de?ciencies.Mitigation efforts cannot be performed on structures with building code violations or unpermitted structures.Where a comprehensive approach cannot be implemented,the Recipient must clearly justify (i.e.the structure has already been partially mitigated or the structure does not otherwise require certain measures)the reasons for the deviation. For wind retro?tting projects,the inspection shall be completed using the state-standard UniformMitigatio nVeri?cation Inspection Form (Form OlR-B1-1802).The inspector shall further ensure that all necessary information is given to the Recipient (i.e.measurements,counts.and applicable notes).Additionally,the inspector shall provide the following information in additionto the UniformMitigationVeri?cation Inspection Form: 1)An opinion on whether the structure can be retro?tted to effectively improve structural survivability ,2)An estimate of the roof square footage, 3)An estimate of the square footage ofwindows and doors, 4)An indicationofwhether the structure has gable end reinforcement,and Agenda Item #9.D.24 Mar 2025 Page 135 of 182 vL ) V (J DD V p D)" 5)A statement detailing any additionalmitigation needs (such as vent strengthening,fascia or sof?t repair,etc.). The Recipient shall provide visual representation for each structure by submitting digitalphotographs and videos.Photographs and videos must be clear,unobstructed views of all aspects,to include the roof, gables/trusses,doors,windows,and vents. initialins ections are duewithin fort -?ve 45 da s ofthe contract execution date.Chan es to thee roved sco e of work must be re uested and a roved b the Divisionb March 15 2025. Task 2:Procurement and PIS Submission Based on the mitigation deficiencies identi?ed inTask 1.the Recipient shall select a Quali?ed and Licensed Florida Contractor with open,fair,and competitive bids following the Recipient’s local procurement guidelines.The following information shall be submitted to the Division in electronic format: 1)Scope of Work for each structure,based on the inspector’s ?ndings listed on each UniformVi?n dMitigationVeri?cation inspection form or equivalent inspection form, 2)PIS for each structure,and 3)Procurement documentation (bids,quotes,sign in sheets,etc.). Using the information provided on the Uniform Mitigation Veri?cation inspection form (or equivalent),the Recipient shall complete a Property lnforrnation Sheet (PIS)for each structure.The Recipient shall complete a Property Information Sheet for each structure identi?ed in Task 1.Cost estimates for each project component must be provided by the selected contractor as speci?ed in Task 2.The electronic PIS form is provided to the Recipient by the Division.The originaldocument should not be altered in any way. As part of the submission,the Recipient must identify whether 1)The structure ison grade or not. 2)Any unpermitted work has occurred at the structure,and 3)ifany outstanding liens orjudgements are attached to the structure or its underlying property, The Divisionwillconduct a Bene?t-Cost Analysis (BCA)on submitted information.Approval or individu alpropertieswillbebasedonacombinedBCAratio.No construction shall be started priorto the Division’ sissuanceofapassingBCAscoreover1. For allstructures completing windretro?t activities,the PlS must also identify and provide protection onany other openings such as vents,iouvers,AC units,exhaust fans,machinery tie-downs,as applicable based on the inspection from Task 1.Allinstallationsshall be in strict compliance with the FloridaBuildingCode or Miami-DedeSpecifications,and all materials shall be certi?edto meet wind and impact standards.The local municipal or county building department shall inspect and certify the protection according to the manufacturer speci?cations or local advice.The project shall provide protection against the windspeed protection impact requirements indicatedby the effective Florida BuildingCode at the time permits are issued. For all project types,the PIS must be completed to re?ect all necessary activities to accomplish comprehensive mitigationand reach the required level of protection established by each locality. PIS is due withinninet 90 dates ofthe contract execution date.Addition or deletion of re erties are due b March 15 2025. Task 3:Construction Upon approval of Task 2 by the Division,the construction phase shall commenc e.The Recipient shall procure the services of a quali?ed and licensed Florida contractor and execute a contractwiththe selected bidder to complete the scope of work as approved by the Division.The Recipien tshallselectthequali?ed,licensed Floridacontractor inaccordance withthe Recipient’s procurement policy as well as all State Laws and Regulations.All procurement activities shall contain sufficient source documentationand be inaccordance with allapplicable regulations. Agenda Item #9.D.24 Mar 2025 Page 136 of 182 r. _I III . .-IIII '.—.-.<.- r'I .. -l HII II II I I .. _4 .II I“u ' =.II .III- II II. I II III I I-'-a I -I r - II I III II ..- |I rs AI .._.I,_ ..III I - I __I .II I. III ._. II VIU I I l.II II I I l'I 1 ..I I I . I I» II ...IIIIII.I.III .I,.-. .... The Recipient shall be responsible for furnishing or contracting all labor,materials,equipment,tools, transportation,and supervision and for performing allworkper sealed engineering designs and construction plans presented to the Division by the Recipient and subsequently approved by the Division . The Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work.The contractor shall maintain all work staging areas in a neat and presentable condition. The Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating infederally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type cf services being performed. The Recipient shall provide documentation demonstrating the results of the procurement process.This shall include a rationale for the method of procurement and selection of contract type,contractor selection and/or rejection and bid tabulation and listing,and the basis of contract price. The Recipient shall provide an executed "Debarment,Suspension,ineligibility.Voluntary Exclusion Form” for each contractor and/or subcontractor performing services under this agreement. Executedcontracts withcontractors and/or subcontractors shall be provided to the Divisionby the Recipient within 10 days of execution. The Recipient shall provide copies of professional licenses for contractors selected to performservices. The Recipient shall provide a copy of a currentand validoccupational license or business tax receipt issued for the type of services to be performed by the selected contractor. Task 4:Close-Out Package and Final Inspection The Recipient shall monitor and manage the procurement and installation of all products in accordance with the PIS and associated documentation as presented to and approved by the Division.The Recipient shall ensure that all applicable State and Local Laws and Regulations are followedand documented,as appropriate. The Recipient shall fullyperform the approved project,as described in the PIS,in accordance with the approved scope of work indicated herein,the estimate of costs indicated herein,the allocation of funds indicatedherein,and allapplicable terms and conditions.The Recipient shall not deviate from the approved project‘s terms and conditions. Upon completion of the work,the Recipient shall schedule and participate in a ?nal inspection of the completed project by the localmunicipal or county building department (of?cial),or other approving of?cial, as applicable.The official shall inspect and certify that all installation was in accordance with the manufacturer’s specifications.Any de?ciencies found during this final inspection shall be corrected by the Recipient priorto Recipient’s submittal of the ?nal inspection request to the Division. Upon completion of Task 3,the Recipient shall submit the following documents withsuf?cient supporting documentation and provide a summary of all contract scope of work and scope of work changes,ifany. Additional documentation shall include (as applicable): 1)Copy of Permit(s),notice of commencement. 2)Local BuildingOf?cial Inspection Report and FinalApproval. 3)A copy of electrical designs,speci?cations,and/or drawings elaborated to complete the scope. 4)Signed and Sealed copy of the as—builtplans,as applicable. 5)Certi?ed Letterof Completion,as applicable: a.Af?rming that the project has been completed in conformance with the approved project drawings,speci?cations,and scope. b.CertifyingCompliance with all applicable codes. Agenda Item #9.D.24 Mar 2025 Page 137 of 182 6)AllProduct Specifications I Data Sheet(s)(technical standards)satisfying protection requirements on all products utilized. 7)Proof of compliance with Project Conditions and Requirements containedherein. A post inspection must be carried out by the Recipient and a member of the Division's TechnicalUnitto ensure that all activities on the scope of work have been properly completed in compliance with issued building permits,as wellas allapplicable FloridaBuildingCodes,local building codes,industry standards, and Manufacturer’s Speci?cations. A re uest for closeout is to be received b the Divisionon or before June 15 2025. Task5:Reimbursementand Expenses During the course of this agreement,the Recipient shall submit requests for reimbursement.The HLMP grant isa cost reimbursement grant,and therefore no Pre—Awardcosts are authorized.The Recipient should secure funding to ensure successful project completion. Adequate and complete source documentation shall be submitted to support allcosts (federal share and local share)related to the project.In some cases,all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work;however,a partial reimbursement may be requested. The Recipient shallsubmit an Af?davitsigned bythe Recipient's project personnel with each reimbursement request attesting to the completion of the work,that disbursements or payments were made in accordance with all agreement and regulatory conditions,and that reimbursement is due and has not been previously requested. The Recipient shall maintain accurate time records.The Recipient shall ensure invoices are accurate and any contracted services are rendered within the terms and timelines of this agreement.All supporting documentationshall agree with the requested billingperiod.Allcosts submitted for reimbursement shall contain adequate source documentationwhich may include but not be limitedto cancelled checks,bank statements,Electronic Funds Transfer,paid bills and invoices,payrolls,time and attendance records, contract,and subcontract award documents. Construction Expense:The Recipient shall pre-audit bills,invoices,and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills,invoices, and/or charges.Recipients shall ensure that allcontractor/subcontractor bills,invoices,and/or charges are legitimate and clearly identifythe activities being performed and associated costs. Project Management Costs:Project Management Costs are any:Indirect costs,Direct administrativ ecosts,and other administrativeexpenses associated with a speci?c project.Administrative costs are expenses incurred by a Recipient in managing and administering the award to ensure that state requirements are met including:solicitation,development,review,and processing 'of sub-applications; quarterly progress and ?scal reporting;project monitoring;technical monitoring;compliance activities associated with state procurement requirements;documentation of quality ofworkverificationforquarterly reports and closeout;requests for reimbursements;closeout review and records retention. Any activities that are directly related to a project are not eligible under management costs.For example, architectural,engineering,and design services are project costs and cannot be included under management costs.Similarly,construction management activities that manage,coordinate,and supervise the construction process from project scoping to project completion are project costs.These activities cannot be included under management costs. The Recipient shall pre-audit all project management costs source documentation —personnel,fringe bene?ts,travel,equipment,supplies,contractual,and indirect costs.Abrief narrative is required to identify what the funds willbe used for.Documentation shall be detailed and clearly describe each approved task performed,hours devoted to each task,and the hourly rate charged including enough information to calculate the hourly rates based on payroll records.Employee bene?ts and tasks shall be clearlyshown Agenda Item #9.D.24 Mar 2025 Page 138 of 182 on the Personnel Activity Form,and all Personnel or Contractual project management costs shall be invoiced separate from all other project costs. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further,the Divisionshall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices.The Divisionshall verify that reported costs were incurred inthe performance ofeligiblework,that the approved workwas completed,and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third-party in-kind services,ifapplicable,shall be conducted by the Divisionin coordination withthe Recipient..Quarterly Reports shall be submittedbytheRecipient and received by the Division at the times providedin this agreement (?fteen (15)calendardays after the close ofthe quarter) prior to the processing'of‘any'reimbursement. The Recipient shallsubmit to the Divisionrequests for reimbursement of actual construction and managerial costs related to the project as identi?ed in the project application and plans.The requests for reimbursement shall include: 1)Contractor,subcontractor,and/or vendor invoices which clearly display dates of services performed,description of services performed,location of services performed.cost of services performed,name and service provider and any other pertinent information, 2)Proof of payment from the Recipient to the contractor,subcontractor.and/or vendor for invoiced services.and . 3)Clear identi?cation of the amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Recipient’s ?nal request for reimbursement shall includethe ?nal construction project cost.Supporting documentation shall show that all contractors and subcontractors have been paid. B Deliverables Mitigationactivities consist of providing protection to Veterans Park Community Center located at Atlantic Beach,Duval County,Florida. The HLMP project shall provide protection to the Veterans Park Community Center by completing wind retro?t activities. Provided the Recipient performs in accordance with the Scope of Work outlined in this Agreement,the Divisionshall reimburse the Recipient based on the percentage of overall project completion. PROJECT CONDITIONSAND REQUIRMENTS (A)Engineering 1)The Recipient shall submitto the Division an of?cial letter stating that the project is 100%complete and ready for the Division’sFinal Inspection ofthe project. 2)The Recipient shall provide a copy of the Notice of Commencement,and any local official Inspection Report and/or FinalApproval,as applicable. 3)The Recipient shall submit a signed and sealed final copy of the completed project’s as-built drawings and allnecessary supporting documentation and providea summary ofallcontract scope of work changes,as applicable. 4)The Recipient shall submit a ?nal copy of any electrical designs,specifications,and/or drawings elaborated to complete the job,as applicable. Agenda Item #9.D.24 Mar 2025 Page 139 of 182 ._r} I I = . I II -.III I “I II —.-—, .-I II-. . I II.II...— I _I .II.I II.. I II _. I _ ‘. I I I--l I‘ II'I I I II -.-.I- A IL _ I .. I _ Enn'?I. I H ‘ I-II- IIII'II I I. I .. I—.I I . ,.I -.II P :L-' I H I I I I . .I .II I I;‘I I: ,2 .I -)II I __ ,.II I I II — P-r' I I. .I III -II I -I _‘_ .7 . I, u .I I ,1 I ‘l‘r II I I I I '-III I I II I _ I. 1 _ I ;..' IIII, 5) 6) 7) 8) The Recipient shall submit a certi?ed letter of completion from the Engineer of Record,as applicable.The Recipient's Engineer of Record shall provide a formal certi?cate or letter af?rming that the project has been completed in conformance with the approved project drawings, speci?cations,scope.and applicable codes. The Recipient shall submit all Product Speci?cations/Data Sheet(s)(technical standards)satisfying the protection requirements on all products utilized. All installations shall be done in strict compliance with the Florida BuildingCode or Miami Dade Speci?cations.All materials shall be certified to exceed the wind and impact standards of the current localcodes. The Recipient shall followallapplicable State and Local Laws,Regulations,and requirements,and obtain (before starting project work)andhcomplywith all required permits and approvals.Failure to obtain allappropriate State and Localpermits and clearances may jeopa'rdizefunding. (B)Environmental 1) 2) 3) 4) The Recipient shall follow all applicable state and local laws,regulations,and requirements,and obtain (before starting project work)and comply with all required permits and approvals.Failure to obtain allappropriate state and localenvironmentalpermits and clearances may jeopardize federal funding. Any change,addition,or supplement to the approved mitigation measure or scope of work that alters the project (including other worknot funded bythe Divisionbutdone substantially at the same time)shall require resubmission to the Divisionfor revaluation of compliance prior to initiation of any work.Non-compliance with the requirements may jeopardize the Division'sabilityto fund this project.A change inthe scope of work shall be approved bythe Divisionin advance regardless of the budget implications. ifany ground disturbance activities occur during construction.the Recipient shall monitorground disturbance during construction,and ifany potential archeological resources are discovered,shall immediately cease construction inthat area and notifythe Division. Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. (C)Programmatic 1) 2) 3) 4) 5) 6) The Recipient must notifythe Divisionas soon as signi?cant developments become known,such as delays or adverse conditionsthat might raise costs or delay completion,or favorable conditions allowing lower costs or earlier completion. The Divisionshall approve of any change inthe scope ofworkinadvance,regardless ofthe budget implementations. The Recipient must obtain "priorwrittenapproval"for any budget revision from the Division. Any requests for a Period of Performance Extension shall be inwriting and submitted,along with substantiation of the new expirationdate and a new schedule of work,to the Divisiona minimu mofsixty(60)days prior to the expiration date.for Divisionconsiderationand processing. Acopy ofthe executed subcontract agreement must be fonrvardedto the Divisionwithin 10days of execution. Project Management Costs:The HLMP program provides funding to Recipients to ef?ciently manage the grant and complete activities ina timely manner. a.Project management costs must be reasonable,allowable,allocableand necessary to the overall project. b.Funding is for approved indirect costs,direct administrative costs,and administrative expenses associated withthis speci?c project and shall have adequate documentation. c.Project management costs cannot exceed 5%of the total project costs awarded. d.Project management costs are state funded and willbe reimbursed based on actual costs incurred foreach individualRequest for Reimbursement (RFR)submitted with the required documentation. e.ifthe final project reconciliation results in a reduction of total project costs,any resulting project management cost overpayment shall be reimbursed back to the Division prior to closeout. Agenda Item #9.D.24 Mar 2025 Page 140 of 182 7)A request for ?nal inspection and closeout must be received by the Divisionon or before June 15, 2025. 8)Final inspection request documentation must be received,including: a.Request for Final Inspection on Recipient letterhead identifyingthe HLMPproject number, contract number,and must includethe following statements: i.The project is 100%complete, ii.The approved Scope of Work per this project and agreement has been completed and iii.Allrelevant building Codes and Standards have been satis?ed. b.Electronic folders for each individual structure.The folders must have PDF formatted documents for each of the following: -i.Color photographs documenting mitigationwork (pre and post) ii.BuildingPermit iii.Post-Inspection Reports/Certificates of Completion for each structure, iv.Florida Approved Product Codes or Miami-Dads Approval Codes.Notice of Acceptance/Product Approvals v.Allapplicable LienWaivers c.An Electronic Spreadsheet to include: i.Property Owner's Name ii.Property Address iii.Pre and Post Inspection Dates iv.MitigationMeasures Completed v.Total MitigationCost 9)Ten percent of the project’s total approved budget must-be held by the Division until the ?nal inspection is complete.The “Final Reimbursement Re uest”must be submitted b Au ust 15 2025. FINANCIALCONSEQUENCES Ifthe Recipient fails to comply withany term ofthe award,the Divisionshalltake one or more ofthe following actions,as appropriate in the circumstances: 1)Temporarily withhold cash payments pending correction ofthe de?ciency by the Recipient, 2)Disallowallor part of the cost ofthe activityor action not incompliance, 3)Wholly or partly suspend orterminate the current award for the Recipient‘s program, 4)Vi?thholdfurther awards forthe program,or 5)Take other remedies that may be legally available. KEYDATES The Divisionretains the right to review all Recipients for performance.The key dates are designed to aid the Recipient in fully expending the grant funding awarded.The Division will monitor the Recipient's performance by using the followingdates as project milestones.Should the Recipient not be able to adhere to this schedule,please contact the Division immediately for consideration and instructions to request a period ofperformance extension. The key deliverable dates are designed to aid the Recipient in fully expending the awarded grant funding. The Divisionwillmonitor the Recipient's performance by using the following dates as markers.Should the Recipient fall off this schedule,the Divisionwillreach out to the Recipient and worktowards an appropriate correction.The Division retains the right to review all Recipients for performance.Further.should the Recipient need additionaltime.the Recipient need only to demonstrate a workplan to the Division.These dates assume blue sky conditions throughout the lifeofthe grant.Should the Division or the Recipient be impacted by disaster,event,or incident,the deliverable dates would be altered. Agenda Item #9.D.24 Mar 2025 Page 141 of 182 PD 03 N2 Table 1 KEYACTIVITY Deliverable 1: Identi?cationand Inspection Deliverable 2: Procurementand PIS Smeission' Deliverable 3: Construction Deliverable 4: Final Inspection & Close-Out Package Submission of DUEDATE 0 later than 45 days ost contract execution. a later than 90 days ost contract execution. o be completed by une 1,2025. 0 later than June 15, 025. No later than 15 days COMMENT Changes to the approved Scope of Work must be requested and approved by March 15,2025. Construction cannot begin untilPIS documents are received,project activities are approved,and the project receives a passing BCA score (Bene?t Cost Ration greater than 1)and the mitigation inspection report is received and a roved. Completion of all mitigation retro?twork. equest for final inspection and closeout ocuments submitted by June 15,2025. uarterly Reports are due on September Quarterly Reports fter the end of the 0,December 31,March 31.and June 30. uanen FUNDINGSUMMARYTOTALS State Share:$220,000.00 (100%) LocalShare:$0.00 (0%) Total Project Cost:$220,000.00 (100%) *Any line-item amount in this Budget may be increased or decreased 10%or less,with the Division's approval,without an amendment to this Agreement being required,so long as the overall amount of the funds obligated under this Agreement is not increased. “Project Management Costs cannot exceed 5%of the approved totalproject costs awarded and shall be reimbursed at 5%for each Request for Reimbursement (RFR)submitted withthe required documentation. If the Final Project Reconciliation results in a reduction of total project costs,any resulting project management shall be reimbursed back to the State. This is HLMPProject Number DEM—HLOO‘l06.CityofAtlantic Beach.The Period of Performance shallbegin upon the award date ofSeptember 3,2024 and ends on June 30,2025. Agenda Item #9.D.24 Mar 2025 Page 142 of 182 Attachment B Program Statutes and Regulations Section 215.559.FloridaStatutes Hurricane Loss MitigationProgram Section 215.422,Florida Statutes Payments,warrants,and invoices;processing time limits; dispute limitation;agency orjudicial branch compliance Section 215.97,FloridaStatutes Florida Single AuditAct Section 215.971,Florida Statutes Agreements funded withfederal and state assistance Section 216.347,FloridaStatutes Disbursement of grant and aids appropriations forlobbying prohibited Section 216.3475 Florida Statutes Maximumrate of payment for services funded under General Appropriations Act or awarded on a noncompetitive basis Section 287.056,Florida Statutes Purchases from purchasing agreement and state term contract Section 287.057.Florida Statutes Procurement of commoditiesor contractual services CFO MEMORANDUMNO.04 (2005-06)Compliance Requirements forAgreements Section 553.844,FloridaStatutes Windstorm loss mitigation;Requirements for Roofs and Opening Protection Agenda Item #9.D.24 Mar 2025 Page 143 of 182 I Jl I I .-I .‘II I _I :1 .4 I ..I I -, A I-III II IVI I -:: y..' II .I ‘_ =-I-II:I II ' "l'l "I'I! II -.II .I I l I'I. n I _.2 .-_ II...--,I I—I-..II I: I I I I:-_-'I I ',.'5.I ‘ II _ II I I I.I II II. n I —n '- I II I ,_,_ .'l-III II III I.'I II I I I I I 'II I —.-I =I “I _.._,I I,‘ _I _I . m..I I-,II .—.=.. -..F I -\. Attachment C Statement of Assurances To the extent the following provisions apply to thisAgreement.the Recipient certi?es that: (a)It possesses legal authorityto enter intothis Agreement and to carry out the proposed program; (b)its governing body has duly adopted or passed as an of?cial act of resolution,motion or similaraction authorizing the execution ofthe hazard mitigation agreement with the Divisionof Emergency Management (DEM),includingall understandings and assw'ances contained in it,and directing and authorizing the Recipient's chiefadministrativeof?cer or designee to act inconnection with the application and to provide such additionalinformationas may be required; (c)No member ofor delegate to the Congress ofthe United States,and no Resident Commissioner, shall receive any share or part of this Agreement or any bene?t.No member,of?cer,or employee of the Recipient or its designees or agents,nomember ofthe governing body of the locality inwhichthis program is situated,and no other publicof?cialof the localityor localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after,shall have any interest,direct or indirect,inany contract or subcontract,or the proceeds,forwork be performed inconnection with the program assisted under this Agreement. The Recipient shall incorporate,in all contracts or subcontracts a provision prohibitingany interest pursuant to the purpose stated above; (d)AllRecipient contracts for whichthe State Legislature is in any part a funding source,shall contain language to provide fortermination with reasonable costs to be paid by the Recipient for eligible contract workcompleted prior to the date the notice of suspension of funding was receivedby the Recipient.Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded withfunds provided under this Agreement unless previously approved inwriting by the Division.AllRecipient contracts shallcontain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e)Itwillcomplywith: (1)Contract Work Hours and Safety Standards Act of 1962,40 U.S.C.3701 et seq.,requiring that mechanics and laborers (including watchmen and guards)employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess offorty hours in a work week;and (2)Federal Fair Labor Standards Act,29 U.S.C.Section 201 et seq,requiring that covered employees be paid at least minimum prescribed wage,and also that they be paid one and one-half times their basic wage rates for all hours worked inexcess of the prescribed work-week. (f)it willcomply with (1)Title VIof the CivilRights Act of 1964 (PL 88-352),and the regulations issued pursuant thereto,which provides that no person in the United States shall on the grounds ofrace, color.or national origin,be exctuded from participationin,be denied the bene?ts of,or be otherwise subjected to discrimination under any program or activity for which the Recipient received Federal ?nancial assistance and willimmediately take any measures necessary to effectuate this assurance.Ifany real property or structure thereon is provided or improved withthe aid of Federal ?nancial assistance extendedtothe Recipient,this assurance shall obligate the Recipient,or inthe case of any transfer of such property,any transferee,for the period during which the real property or structure is 19 Agenda Item #9.D.24 Mar 2025 Page 144 of 182 used for a purpose for which the Federal ?nancial assistance is extended,or for another purpose involvingthe provision of similar services or bene?ts; (2)Any prohibitionagainst discrimination on the basis ofage under the Age DiscriminationAct of 1975,as amended (42 U.S.C.6101-6107)whichprohibitsdiscrimination on the basis of age or withrespect to otherwise qualifies handicapped individualsas provided in Section 504 ofthe RehabilitationAct of 1973; (3)Executive Order 11246,as amended by Executive Orders 11375 and 12086,and the regulations issued pursuant thereto,which providethat noperson shall be discriminated against on the basis of race,color,religion,sex or national origin in allphases of employment during the performance of federal orfederally assisted construction contracts;affirmative action to insure fair treatment in employment,upgrading,demotion, ortransfer;recruitment or recruitment advertising;layoff/termination,rates of pay or other forms ofcompensation;and election for training and apprenticeship; (g)Itwillestablish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those withwhom they have family,business,or other ties pursuant to Section 112.313 and Section 112.3135,Florida Statutes; (h)Itwillcomply withthe Anti-KickbackAct of 1986,41 U.S.C.Section>51which outlaws and prescribes penalties for “kickbacks"ofwages infederally ?nanced orassisted construction activities; (i)it willcomply withthe provisions of 5 U.S.C.Sections 7321-7326 (further known as the Hatch Act) which limitsthe politicalactivities of employees; (j)Itwillcomply withthe ?ood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973,as amended,42 U.S.C.4001-4131,including requirements regarding the purchase of ?ood insurance in communities where such insurance is availableas a conditionfor the receipt of any Federal ?nancial assistance for construction or acquisition purposes for use in any area having special ?ood hazards.The phrase "Federal ?nancial assistance"includes any form of loan,grant,guaranty.insurance payment,rebate,subsidy,disaster assistance loan or grant,or any other form of direct or indirect Federal assistance; For sites located withinSpecial Flood Hazard Areas (SFHA).the Recipient must include a FEMA Model Acknowledgement of Conditions of Mitigationof Property ina Special Flood Hazard Area with FEMAGrant Funds executed by the title holderwiththe closeout request verifying that certain SFHA requirements were satis?ed on each ofthe properties.The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm (k)Itwillrequire every building or facility(other than a privately owned residential structure)designed, constructed,or altered withfunds provided under this Agreement to comply withthe "Uniform Federal AccessibilityStandards,”(AS)which is AppendixA to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR,Part 40 for residential structures.The Recipient willbe responsible for conducting inspections to ensure compliance withthese speci?cations by the contractor; (I)Itwill,inconnection with its performance of environmental assessments under the National EnvironmentalPolicyAct of 1969,comply with Section 106 ofthe National Historic Preservation Act of 1966 (54 U.S.C.),Executive Order 11593,36 CFR,Part 800,and the Preservation of Archaeological and Historical Data Act of 1966 (54 U.S.C.3125)by: 20 Agenda Item #9.D.24 Mar 2025 Page 145 of 182 I -,M .-I I».VI I II.I LA!|I,I ‘-.-.-lI‘II - .IIII.Iv I I I:V‘II- _.I I -r I“II I - II -I y ._,I I I -I I .-.,.. I-I I _,I I II II .I 1-1 J -I I - .-_-II IIII I I IIx .-...Ia I a I -.I I Iii 1 I .I -..- ,:__I II __-II .I III I I I _II_ __V‘J_l .5 .— -I_.I. _,l I .I.I n I -II .II I I II .I _.I III I -II I II.I I I I -I -'-----.I "I __.___x ._-.—. _I,.._”I.I I III.-.I_A :I -I I “II I I II -.I.I IN "I— I.-.II I I;'-I - -v -'--‘I'‘II‘1 E .V I I I:,_.._~I ,;I .. III .I .n -.a .-, I.II .-. 'u I I z;4m I-‘- I I'-.II I I "I I —l_I J.I,'III ..I _I-:-‘II‘.I "‘2 “.:L:‘-II I IIIIIII “ I :-II I -'II ‘II I .Ir I l‘‘I 'II~--III -"*1 —"-- I.:I s I -I-I ---II —rI=."<.I.—-—-—‘U'l -I,.I _-’._I -I I I u.I .-I-:III I -I -~‘' I-.-I --I -II -1 _.l '.I -IJ '‘| _I I._,_.__II .-II — -l'-I I I .I. (1)Consulting with the State HistoricPreservation Of?ce to identifyproperties listedin or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR,Section 800.8)by the proposed activity;and (2)Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3)Abidingbythe terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency,the Florida State Historic Preservation Of?ce,the Florida Division of Emergency Management andthe Advisory Council on Historic _ Preservation,(PA)"which addresses roles and responsibilities of Federal and State entities in implementingSection 106 ofthe National Historic PreservationAct (NHPA),54 U.S.C.,and implementingregulations in 36 CFR,Part 800." (4)When any of the Recipient’sprojects funded under this Agreement may affect a historic property,as de?ned in 36 CFR,Part 800.16 (l)(1),the Federal Emergency Management Agency (FEMA)may require the Recipient to review the eligible scope ofwork in consultation withthe State HistoricPreservation Of?ce (SHPO)and suggest methods of repair orconstruction that willconform withthe recommended approaches set out in the Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards),the Secretary of the Interior’s Guidelines for Archeological Documentation (Guidelines)(48 Federal Register 44734-37),or any other applicable Secretary of Interiorstandards.IfFEMAdetermines that the eligible scope of work willnot conform withthe Standards,the Recipient agrees to participate inconsultations to develop,and after execution by all parties,to abide by,a written agreement that establishes mitigation and reconditionmeasures,includingbut not limited to,impacts to archeological sites,and the salvage,storage,and reuse of any signi?cant architecturalfeatures that may otherwise be demolished. (5)The Recipient agrees to notifyFEMAand the Divisionifany project funded under this Agreement willinvolveground disturbing activities,including,but not limitedto: subsurface disturbance;removal oftrees;excavation of footings and foundations,and installation of utilities(such as water,sewer,storm drains,electrical,gas,leach linesand septic tanks)except where these activitiesare restricted solely to areas previously disturbed by the installation,replacement or maintenance of such utilities.FEMAwill request the SHPO’s opinionon the potential that archeological properties may be present and be affected by such activities.The SHPO willadvise the Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or willmake recommendations for the development of a treatment plan for the recovery or archeological data from the property. lfthe Recipient is unable to avoid the archeological property,develop,inconsultation with SHPO,a treatment plan consistent with the Guidelines and take intoaccount the Advisory Council on HistoricPreservation (Council)publication“Treatment of Archeological Properties”.The Recipient shall fonrvardinformationregarding the treatment plan to FEMA,the SHPO and the Council for review.Ifthe SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan,FEMAmay direct the Recipient to implement the treatment plan.Ifeither the Councilor the SHPO object,Recipient shall not proceed with the project untilthe objection is resolved. (6)The Recipient shall notifythe Divisionand FEMAas soon as practicable:(a)of any changes in the approved scope ofwork for a National Register eligibleor listed property;(b)of all changes to a project that may result ina supplemental DSR or modifya HMGPproject for a National Register eligible or listedproperty;(c)ifitappears that a project funded under this Agreement willaffect a previously unidenti?edproperty that may be eligiblefor inclusion inthe NationalRegister or affect a known historic property inan unanticipated manner.The Recipient acknowledges that FEMA may require the Recipient to stop construction inthe vicinityof the discovery of a previously unidenti?ed property that may 21 Agenda Item #9.D.24 Mar 2025 Page 146 of 182 =I II 1|. I I I 'II I I.- II IIvIvII I I. w ' I 'Ll eligible for inclusion inthe NationalRegister or upon learningthat construction may affect a known historic property inan unanticipated manner.The Recipient further acknowledges that FEMAmay require the Recipient to take allreasonable measures to avoid or minimizeharm to such property untilFEMAconcludes consultation withthe SHPO.The Recipient also acknowledges that FEMAwillrequire,and the Recipient shall complywith,modi?cations to the project scape of work necessary to implement recommendations to address the project and the property. (7)The Recipient acknowledges that,unless FEMAspeci?cally stipulates othenivise,itshall not receive funding for projects when,with intent to avoid the requirements of the PA or the NHPA,the Recipient intentionallyand signi?cantly adversely affects a historicproperty,o rhavingthelegalpowertopreventit,allowedsuch signi?cant adverse affect to occur. (m)Itwillcomplywith Title IXof the Education Amendments of 1972,as amended (20 U.S.C.1681-1683 and 1685-1686)which prohibits discriminationon the basis of sex; (n)Itwillcomplywith the Comprehensive AlcoholAbuse and AlcoholismPrevention,Treatment and Rehabilitation Act of 1970,(42 U.S.C.4541-45-94)relating to nondiscrimination on the basis of alcoholabuse oralcoholism; (o)It willcomply with 523 and 527 of the Public Health Service Actof 1912 (42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to con?dentiality ofalcohol and drug abuse patient records; (p)Itwillcomplywith Lead-Based Paint Poison Prevention Act (42 U.S.C.4821 et seq.)which prohibits the use of lead based paint in constructionof rehabilitationor residential structures; (q)Itwillcomplywiththe Energy Policy and Conservation Act (PL.94-163;42 U.S.C.6201-6422),and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r)Itwillcomplywith the LaboratoryAnimalWelfare Actof 1966,(7 U.S.C.2131-2159),pertaining to the care,handling,and treatment of warm blooded animals held for research,teaching,orother activities supported by an award of assistance under this Agreement; (5)ItwillcomplywithTitle VII!of the CivilRightsActof 1968,(42 U.S.C 20000 and 42 U.S.C.3601- 3619),as amended,relating to non-discriminationinthe sale,rental,or?nancing ofhousing,and TitleVI of the Civil Rights Act of 1964 (PL.88-352),which prohibits discriminationon the basis of race,color or national origin; (t)Itwillcomplywiththe Clean AirAct of 1955,as amended,42 U.S.C.7401-7675; (u)it willcomply with the Clean Water Act of 1977,as amended,33 U.S.C.1251-1368 (v)it willcomplywith the endangered Species Act of 1973,16 U.S.C.1531-1544; (w)Itwillcomplywiththe Intergovernmental Personnel Act of 1970,42 U.S.C.4701-4772; (x)Itwillassist the awarding agency inassuring compliance with the National HistoricPreservation Act of 1966,as amended,54 U.S.C.; (y)Itwillcomply withenvironmentalstandards which may be prescribedpursuantto the National Environmental PolicyAct of 1969,42 U.S.C.4321-4347; (2)Itwillassist the awarding agency inassuring compliance with the Preservation ofArcheological and Historical Preservation Actof 1966,54 U.S.C.3125 22 Agenda Item #9.D.24 Mar 2025 Page 147 of 182 I‘.l I:-I —'II .I «.I-?II I..I |u I, ..‘V.‘II .I II 4 I I IIII ITI .=I II I ‘’'I -|'I ''5 _I _-__,_.,Ll g -II ..'I‘l- -I \-I ';I v -I ..—I I I II I -II :I -'----- F .—I -.1_.II I ~I II I r;_II =II.‘I— I -.3:_-._|_.I __; -;I ...x.I,._,_I I”. I .I.i. PII I II :.2 I .III_I':--4"" II “.\.l *-I I..-I II II -.I I .I:II I . I I ..2 II I I |-I II -I I -I III '=‘;_l I .-‘II‘I 7.v‘--r 'I .:...III -:.».I:.II —-= I E .I I —-—a .. _‘._.I ..I -. -.Li‘'I II ,-.-I I .I ;_1 -I I .-I _I 2 I I. n —v' I--I ,_.._.a»I I - I.-.I .III.a:I .5 I r _I _.—I_-..I I I I _II _—A I I r.I .z I I. .I --I'—'N -‘I —I ——I v ‘I 5“- I I_I I”-.I I .u -... (aa)lt willcomplywiththe RehabilitationAct of 1973.Section 504,29 U.S.C.794,regarding non- discrimination; (bb)lt willcomplywith the environmental standards which may be prescribed pursuant to the Safe DrinkingWater Act of 1974,42 U.S.C.300f-300j-27.regarding the protection of underground water sources; (cc)Itwillcomplywith the requirements of Titles lland IIIofthe UniformRelocation Assistance and Property Acquisition Policies Act of1970,42 U.S.C.4621-4638,which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federallyassisted programs; (dd)lt willcomplywith the \Mldand Scenic Rivers Act of 1968,16 U.S.C.1271-1287,related to protecting components or potential components of the national wildand scenic rivers system; (ee)|t willcomply withthe following Executive Orders:EO 11514 (NEPA);E0 11738 (violating facilities); E0 11988 (Floodplain Management);EO 11990 (Wetlands);and E0 12898 (Environmental Justice); (ff)Itwillcomply with the Coastal Barrier Resources Act of 1977,16 U.S.C.3501-3510; (gg)|t willassure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972.16 U.S.C.1451-1464;and (hh)lt willcomply withthe Fish and WildlifeCoordination Act of 1958,16 U.S.C.661-668. (ii)With respect to demolition activities.itwill: (1)Create and make available documentationsuf?cient to demonstrate that the Recipient and its demolitioncontractor have suf?cient manpower and equipment to comply with the obligations as outlined in thisAgreement. (2)Return the property to its natural state as though no improvements had ever been contained thereon. (3)Furnish documentationof all quali?ed personnel,licenses and all equipment necessary to inspect buildings located in the Recipient’s jurisdictionto detect the presence of asbestos and lead in accordance with requirements ofthe US.Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4)Provide documentationof the inspection results for each structureto indicate: a.Safety HazardPresent b.Health Hazards Present c.Hazardous Materials Present (5)Provide supervision over contractors or employees employed by the Recipient to remove asbestos and lead from demolished or othenrviseapplicable structures. (6)Leave the demolishedsite clean,level and free of debris. (7)Notifythe Division promptly of any unusual existing condition which hampers the contractor’s work. (8)Obtainall required permits. (9)Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along withthe number ofwells and septic tanks located on each site.Provide documentation of closures. 23 Agenda Item #9.D.24 Mar 2025 Page 148 of 182 (10)Complywith mandatory standards and policies relating to energy efficiency which are contained inthe State Energy Conservation Plan issued incompliance withthe Energy Policy and Conservation Act (Public Law94—163). (11)Comply with allapplicable standards,orders,or requirements issued under Section 112 and 306 of the Clean AirAct (42 U.S.C.1857h),Section 508 of the Clean Water Act (33 U.S.C.1251-1388),Executive Order 11738,and the US.Environmental Protection Agency regulations (40 CFR,Part 15 and 61).This clause shall be added to any subcontracts. (12)Provide documentation of public notices for demolitionactivities. ., 24 Agenda Item #9.D.24 Mar 2025 Page 149 of 182 DIVISIONOF EMERGENCY MANAGEMENT REQUESTFOR ADVANCEOR REIMBURSEMENTOF HURRICANELOSS MITIGATIONPROGRAM FUNDS Attachment TOTAL CURRENT REQUEST:$ I certify that to the best of my knowledge and belief the above amounts are correct,and that all disbursements were made inaccordance with all conditions of the Divisionagreement and payment is due and has not been previouslyrequested for these amounts. RECIPIENTSIGNATURE RECIPIENT NAME:City ofAtlanticBeach ADDRESS:800 Seminole Road CITY,STATE,ZIP CODE:AtlanticBeach,FL32233 Project Number:DEM—HL00106 PAYMENT DEMAgreement No:30236 Eligible Obligated Obligated Amount Federal HLMP Previous Current ___PEM”5°°“'V 100%%100%Pa ments Re uest A roved Comments N/A APPROVED PROJECT TOTAL$ ADMINISTRATIVECOST $DIVISIONDIRECTO R APPROVED FOR PAYMENT $ TO BE COMPLETEDBYDIVISIONOF EMERGENCYMANAGEMEN 25 DATE NAMEANDTITL DATE Agenda Item #9.D.24 Mar 2025 Page 150 of 182 Attachment 1) (Continued) DIVISION OF EMERGENCY MANAGEMENT SUMNIARY OF DOCUNIENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE WORK UNDER THE HURRICANE LOSS MTIGATION PROGRAM RECIPIENT:Cityof Atlantic Beach PROJECT #;DEM-HLOO106 CONTRACT#30236 FEMATRACKING#:N/A Applicant's Date ofdeliveryof DOCUMENTATION Reference No.articles,completion Listdocumentation(applicant’s payroll.material out of applicant's Applicant's (Warrant,Voucher.ofwork or stock,applicant owned equipment and name ofvendoror EligibleCosts Claimcheck,or performance contractor)by category and line Iteminthe approved project 100% Schedule No.services.a licationand ive a briefdescri tion at the articles orservices. 26 TOTAL Agenda Item #9.D.24 Mar 2025 Page 151 of 182 Attachment E JUSTIFICATION 0F ADVANCE PAYMENT RECIPIENT:CITYOF ATLANTICBEACH If you are requesting an advance,indicate same by checking the box below. []ADVANCE REQUESTED Advance payment of $is requested.Balanceof payments will bemade on a reimbursementbasis.Thesefundsare neededto pay staff,awardbene?ts to clients,duplicateforms and purchasestart-up suppliesand equipment.We would not be able to operate theprogramwithout this advance. If you are requesting an advance,complete the following chart and line item justi?cation below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_—20_Anticipated Expenditures for First Three Months of (list applicable line items)Contract For exam le ADMINISTRATIVE COSTS (Include Secondary Administration.) For exam le PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item,provide a detailed justi?cation explaining the need for the cash advance.The justi?cation must include supporting documentation that clearly shows the advance will be expended within the first ninety (90)days of the contract term.Support documentation should include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the ?rst ninety (90)days of the contract term.Any advance funds not expended within the ?rst ninety (90)days of the contract term shall be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399,within thirty (30)days of receipt,along with any interest earned on the advance) 27 Agenda Item #9.D.24 Mar 2025 Page 152 of 182 RECIPIENT:City ofAtlantic Beach Project Number:DEM- HL00106 PROJECT LOCATION:DEMID#:30236 QUARTER ENDING: Attachment F DIVISIONOF EMERGENCY MANAGEMEN THURRICANELOSSMITIGATIONPROGRA M QUARTERLY REPORT FORM Provide amount of advance funds disbursed for period (ifapplicable)$ Provide reimbursement projections forthis project: July-Sep,20_$Oct-Dec,20_$Jan-Mar,20_$Apr-June,20_$ July-Sep.20_$Oct-Dec,20_$Jan-Mar,20_$Apr-June.20_$ Percentage of Work Completed (may be con?rmed by state inspectors):% Project Proceeding on Schedule:[]Yes []No Describe milestones achieved during this quarter Cost Status:[3Cost Unchanged []Under Budget []Over Budget AdditionalCommentlelaboration: NOTE:Divisionof Emergency Management (DEM)staff may perform interiminspections and/or audits at any time. Events may occur between quarterly reports.which have signi?cant impact upon your project(s).such as anticipated overruns,changes in scope ofwork.etc.Please contact the Divisionas soon as these conditions become known, otherwise you may be found non-compliantwith your subgrant award. Name and Phone Number of Person Completing This Form 28 Provide a schedule for the remainder of workto project completion: Describe problems or circumstances affecting completion date,milestones,scope ofwork.and cost: Agenda Item #9.D.24 Mar 2025 Page 153 of 182 Attachment G Warranties and Representations Financial Mana ement Recipient’s financial management system must include the following: (1)Accurate,current andcomplete disclosure ofthe ?nancial results of this project or program (2)Records that identifythe source and use of funds for all activities.These records shall contain information pertaining to grant awards,authorizations,obligations,unobligated balances,assets,outlays,income and interest. (3)Effective controlover and accountability for allfunds,property and other assets.Recipient shall safeguard all assets and assure that they are used solely forauthorized purposes. (4)Comparison ofexpenditures with budget amounts for each Request For Payment.Whenever appropriate,?nancial information should be related to performance and unit cost data. (5)Written procedures to determine whether costs are allowedand reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6)Cost accounting records that are supported by backup documentation. Com etition Allprocurement transactions shall be done in a manner to provide open and free competition.The Recipient shall be alert to con?icts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade.In order to ensure excellent contractor performance and eliminate unfair competitive advantage,contractors that develop or draft speci?cations, requirements,statements of work,invitations for bids and/or requests for proposals shall be excluded from competing for such procurements.Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,considering the price,quality and other factors.Solicitations shall clearly set forth all requirements that the bidder or offeror must ful?ll inorder for the bid or offer to be evaluated by the Recipient.Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 29 Agenda Item #9.D.24 Mar 2025 Page 154 of 182 Licensin and Permittin Allsubcontractors or employees hired by the Recipient shall have allcurrent licenses and permits required for all ofthe particular work for which they are hired by the Recipient. Codes of Conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged inthe award and administration ofcontracts.No employee,of?cer,or agent shall participate in the selection,award,or administration ofa contract supported by public grant funds ifa real or apparent con?ict of interest would be involved.Such a con?ict would arise when the employee,of?cer,or agent, any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any ofthe parties indicated,has a ?nancial or other interest inthe firmselected for an award.The of?cers,employees,and agents of the Recipientshall neither solicitnor accept gratuities, favors,or anything of monetary value from contractors or parties to subcontracts.The standards of conduct shall provide for disciplinaryactions to be applied for violations of the standards by of?cers, employees,or agents of the Recipient. Business Hours The Recipient shall have itsof?ces open for business,withthe entrance door open to the public,and at least one employee on site,from 30 Agenda Item #9.D.24 Mar 2025 Page 155 of 182 Subcontractor Covered Transactions The prospective subcontractor of the Recipient,.certi?es,by submission ofthis document,that neither it,its principals,nor af?liates are presently debarred, suspended.proposed for debarment,declared ineligible.voluntarilyexcluded,or disquali?ed from participation in this transaction by any Federal department or agency ertlfication egard ng Debarment,Suspension,lneligibllity And Voluntary Exclusion Attachment H SUBCONTRACTO DEM-HL00106 Project Number Name and Title DEMContract Number Ci of Atlantic Beach Recipient's Name Date City,State.Zip 31 Street Address Signature Agenda Item #9.D.24 Mar 2025 Page 156 of 182 I ,I II I -. .n.I iiIII'I-E -;n L Ill‘ll I I I :‘I. ‘_,'n I II I'I.._ "."II'my:w I 'I __I J ._I:I .I II I I ».AI.I .II_I :'-.I ,-.'I III I I “|.I I :I-'I '-',- IIIIIII I II--I-I --I '-‘I — I v I I -I ;I -I I III I I.'‘-I II-III-I"|.--‘- ,.‘I .2 _._I .._ II ..I _ ——-,r I I I‘ll .I '.''II III I : '1 I I ‘I —|-‘I ' _‘ I..._I _I--_II .x.”.:I II:-.-III I MEI III I'ltu :1 a .:_I.I .I II Ir ...—III .I -II Attachment l Florida Accountability Contract Tracking System (FACTS) Requirements for Non-profit Organizations Under Section 216.1366,Florida Statutes Instructions and Worksheet CONTRACTDOCUMENTATIONREQUIREMENTS Section 216.1366,F.S.,amended in2023,establishes new documentation requirements forany contract forservices executed.amended,or extended on or after July 1,2023,with non-pro?t organizations as de?ned ins.215.97 (2)(m).ES.The contract must require the contractor to provide documentationthat indicates the amount of state funds: -Allocatedto be used during the fullterm ofthe contract for remunerationto any memberofthe board ofdirectorsoran of?cer ofthe contractor. o Allocatedunder each payment by the publicagency to be used for remunerationofany member of the board of directors or an of?cer ofthe contractor.The documentation must indicatethe amounts and recipients ofthe remuneration. Such informationmust be included inthe contracttrackingsystem maintained pursuant to s.215.985 PS and must be posted on the contractor's website ifthe contractor maintainsa website. ~As used inthissubsection,the term: 0 “Of?cer”meansa Chief Executive Officer (CEO),Chief FinancialOf?cer (CFO),Chief OperatingOf?cer (C00),orany otherposition performingan equivalentfunction. 0 “Remuneration"means allcompensation earned byor awarded to personnei,whether paidoraccrued, regardless ofcontingency,including bonuses,aocmed paid timeoff,severance payments,incentive payments,contributions to a retirementplan,or in-kindpayments,reimbursements,or allowances for moving expenses,vehicles and other transportation,telephone services,medical services,housing,and meals. 0 “State funds”means funds paid fromthe GeneralRevenue Fundorany state tmst fund,funds allocated bythe FederalGovernment and distributedby the state,orfunds appropriated by the state fordistribution through any grant program.The term does not includefunds used forthe state Medicaidprogram. Note:This“Instructionsand Worksheet”is meant to explain the requirements ofthe Section 216.1366,F.S., amended in2023.and give clarityto the attached form distributedto recipients and sub-recipients for completion.Allpertinent informationbelow should be ?lledout,signed,and returned to the projectmanager. NON-PROFITORGANIZATIONREMUNERATIONINFORMATION 1.Is your business or organizationa non-pro?t organization as de?ned in s.215.97 (2)(m).F.S.? Yes |:I NoKI Ifthe answer to Question 1is “Yes,”continue to Question 2.Ifthe answer to Question 1 is "No",move to the signature block below to complete the certi?cationand submittalprocess. 2.Willstate funds be used as remuneration to any member ofthe board of directorsor an of?cer in your business ororganization? Yes E]NoC] 32 .4- Agenda Item #9.D.24 Mar 2025 Page 157 of 182 Ifthe answerto Question 2'IS “Yes,"providethe informationrequired'In the “TotalCompensation Paid to Non- Pro?t Personnel Using State Funds”formbelow.Aseparate formshould be completed foreach member of the board ofdirectorsor of?cer beingcompensated using state funds.Ifthe answer to Question2'Is “No",moveto the signature blockbelowto complete the certi?cationand submittalprocess. Total Compensation Paid to Non-Profit Personnel Using State Funds Name: Title: Agency AgreementIContract # Total Contract Amount Contract Term: Line Item Budget Category Total Amount Paid Amount Paid from State Funds Salaries Fringe Bene?ts Bonuses Accrued Paid Time Off Severance Payments Retirement Contributions In-KindPayments Incentive Payments ReimbursementsIAllowances MovingExpenses Transportation Costs Telephone Services MedicalSewices Costs Housing Costs Meals CERTIFICATION:I certify that the amounts listed above are true and accurate and in accordance with the approved budget. Name: Signature: Title:Mayor Date:Vl'é-ZS 33 Agenda Item #9.D.24 Mar 2025 Page 158 of 182 ATTACHMENT J FOREIGNCOUNTRY OF CONCERN AFFIDAVIT— PERSONAL IDENTIFYINGINFORMATIONCONTRACT Section 287.138,Florida Statutes,prohibits a Florida“Governmental entity”1from entering into or extending contracts with any other entity whereby such a contract,or extension thereof,could grant the other entity access to an individual's personal identifying information ifthat entity is associated with a “Foreign Country of Concern.“2 Speci?cally,section 287.138(2),Florida Statutes.prohibits such contracts withany entity that is owned by the government of a Foreign Country of Concern.any entity inwhich the government ofa Foreign Country of Concern has a "controllinginterest,“1and any entity organized under the laws of or which has its principal place of business in a Foreign Country of Concern. As the person authorized to sign on behalf of Respondent,I hereby attest that the company identi?ed above in the section entitled "Respondent Vendor Name"is not an entity owned by the government of a Foreign Country of Concern,nogovernment of a Foreign Country of Concern has a controlling interest in the entity,and the entity has not been organized under the laws of or has its principal place of business in a Foreign Country ofConcern. I understand that pursuant to section 287.138,Florida Statutes.I am submitting this af?davit under penalty of perjury. Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City:State:Zip: Phone Number: Email Address: Certi?ed By: AUTHORIZEDSIGNATURE Print Name and Title: Date: 1 As de?ned inSection 287.138 (1)(d),Florida Statutes. 2 As de?ned inSection 287.138 (1)(c),Florida Statutes. 3 As de?ned inSection 287.138 (1)(a),Florida Statutes. 34 Agenda Item #9.D.24 Mar 2025 Page 159 of 182 January 10,2025 Mr.Steve Swann,PE City Engineer City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233 Subject:Scope &Fee Proposal Dear Mr.Swann: Hanson Professional Services (Consultant)is pleased to present our scope of services and fee proposal for this project.This scope of work is to provide professional engineering services for drainage improvements inthe Cutlass Drive area of Atlantic Beach. General Objective The general objective of this scope is to provide a final design along with an opinion of probable construction cost to add an additional box culvert or drainage pipe under Cutlass Drive as outlined in the Cutlass Drive Drainage Improvements Memorandum dated November 20,2024. Project Description The improvements under this project willbe limited to the area to be disturbed to construct the new box culvert/drainage pipe.The scope presented here is based on utilizing a box culvert/drainage pipe for the additional barrel (per the latest FDOT Standard Plans)and structural design for details to remove a portion of the existing headwall and construction of the new headwall after the construction of the additional box culvert/drainage pipe.No roadway or pedestrian improvements will be designed such as curb and gutter or sidewalk.The handrail on top of the existing upstream headwall willbe modi?ed or replaced as needed.The roadway and sidewalk design willbe limited to reconstruction to existing condition based on estimated limits of impact required to construct the additional box culvert/drainage pipe. Scope of Services The Scope of Services for this project involves the following tasks: Phase I-Design and Permitting Drainage Design I Plans Production Design phase services willinclude the preparation of 100%and ?nal construction plans for the drainage improvements. (a)Drainage Design/Analysis.The Consultant willperform modeling of a pipe option that would provide similar results as the proposed 4-foot by 6-foot box culvert.The 1of3 Re:Cutlass Drive Drainage Improvements (Culvert Final Design Phase) Agenda Item #9.D.24 Mar 2025 Page 160 of 182 Ir . II I . II I,I..II I 'I ;I I I II 'n?‘ I I I I II ' I I E I \' :I 1| .I IIIII II I .-II I III 'II -I II II IIIII I ‘ I v .I :I I ... IIII -II I‘ I I I I I 'I‘ II t . '.l I II - l I «II - —II -Z ..l _._I III I I I I A .I I “II'El I — I - I: _ . I—01.:II I II '‘ I III II r-I : I III '2 “..-‘I |I. I II I 'I 1 -I I I I I I :l I III I I II‘II I at: II II "I III ..I II I 'II - I I I I I I: I.I IIII I 'r I I II III .I I ‘. I|_' "II 'II'I III .‘I "- III I'II V '' II _ I I I In“q I II I II I ‘II III 'I III “II I 'll ‘ I .JI I I 'I 1 I | .I -II 2 I :r I II I '' I:III V '(-I -?“;".II:IIII II .I .z I II -I ''' 'II I III I results of this analysis willbe used to compare the opinion of probable construction costs for each to identify the cost-effective option,box culvert or pipe,to be used in the final construction plans.The consultant will also produce the required documentation required in the HGMP grant that demonstrates an improvement in the hydraulic performance for the proposed hydraulic condition. (b)Structural Design/Analysis.The Consultant willperform structural calculations and develop details necessary for the proposed box culvert and headwalls/wingwalls. (c)Plans.This effort will include ?nalizing plan sheets suf?cient for construction of the proposed improvements.The index of drawings for the plan set willgenerally include,but not necessarily be limited to the following: Key Sheet General Notes Roadway/Drainage Plan Structural Details Traf?c Control Plan/Notes Erosion &Sedimentation Control Notes/Details .T'F' IUQFD? Where applicable,information may be combined on drawing sheets. Geotechnical Services Geotechnical services to support the culvert design are included as part of this scope of services.See attached scope and fee from CSI for more details. Environmental Services The proposed improvements do not require any environmental services such as wetland flagging thus these services are not included as part of this scope. Utility Services The Consultant willcontact the utilityowners within the project limits and submit preliminary plans to confirm existing facilities and identify utility impacts anticipated by the proposed improvements.The Consultant willsubmit ?nal plans to con?rm/document existing facility con?icts and address relocation requirements.Coordination of any potential adjustments will be completed.The effort to design utilityadjustments is not included as part of this scope and ifrequested by the effected UAO shall be negotiated under a separate scope of services. Permitting Requirements The proposed improvements are expected to qualify for a SJ RWMD General Permit. The Consultant willcoordinate with SJRWMD and submit the General Permit Application.The Consultant will coordinate a pre-application meeting to con?rm the permitting approach early in the project.The City Engineer will handle acquiring the USACE Nationwide permit and the Consultant will assist with exhibits. Project Submittal Requirements 100%Design Plans:A PDF of half-sized (11”x 17")drawings will be furnished to the City for review and comment.Design documentation with calculations and an opinion of probable cost willbe provided along with the design plans.The plans will be reviewed by the City and written comments will be provided.The City willprovide written review comments within two (2)weeks from submittal. Final Signed and Sealed Design Plans:A PDF of digitally signed and sealed half-sized (11”x 17”)drawings will be furnished to the City for review and comment.Design 20f3 Agenda Item #9.D.24 Mar 2025 Page 161 of 182 II III I II I I I—I _~-.II I _,-I I ,c I ‘|....,.—-I ..I _I ...I -I-I NI I I 'II I --I I I _I -I II -I-.-_‘u_ 3 =_-.-I I‘ '‘'7 ,'~I I -I.I '-I I ._-'I ' v-H I -.,I :1 _I II x 'M II I .I .-..I .I .II I I .. —I _I :.III .:?I -I II -H .‘.1|J .-II ..-I "I ~:I _-II II J I l-I II -;A I >'':II .—II .: .--I I. II III II I. I .. H I .I J .I.'2 III .'“»U I I.II I I r I g II I I -‘:'II III I I . :I -I'In 1 ‘II II II ...II .I II I I I I documentation with calculations and an opinion of probable cost willbe provided along with the design plans.DraftBid Documents and Project Speci?cations using City standard format willbe included in this submittal.The plans willbe reviewed by the City and written comments will be provided.The City willprovide written review comments within two (2)weeks from submittal.Agreed upon revisions will be made and revised signed and sealed plans,Bid Documents,and Speci?cations willbe issued. Subsurface Utility Engineering Based on previous data collection and utilitycoordination the only utility in con?ict with the proposed improvements is a water line running east-west along the southern side of Cutlass Drive crossing the existing box culvert.With this being a City owned utilitythe Consultant willcoordinate with the City for any test holes needing to be performed by the City to determine the location of the existing water line to coordinate how this water line willbe handled during the construction of the new box culvert/drainage pipe. Meetings Consultant will schedule 100%plan review meeting to discuss review comments and relay any design information necessary to convey the intent of the plans. Consultant willconduct a pre—applicationmeeting with SJRWMD staff to discuss applicable permitting/use of a general permit. Time Schedule Within ten (10)days after Notice to Proceed (NTP),Consultant willupdate the schedule provided with actual dates based on the NTP date.The schedule willfollow the outline below. Receive NTP Data Collection/Geotechnical Report Within 30 days after NTP Submit 100%Plans 60 days after completion of Geotechnical Report 100%Plans Review Comments (City)14 days after 100%Plans Submittal 100%Plans Review Meeting Within 10 days after receipt of City Comments Submit Final Bid Documents 21 days after 100%Plans Review Meeting Phase II—Construction Administration IfPhase IIis authorized by the City,the speci?c construction administration services to be provided by the Consultant during the period of construction will be negotiated under a separate contract/scope of services. Fee Consultant will complete the scope of services described herein for a total lump sum amount of $34,502.00,as detailed in Exhibit A. 30f3 Agenda Item #9.D.24 Mar 2025 Page 162 of 182 EXHIBITA CONTRACTFEE SUMMARY CUTLASS DRIVE DRAINAGEIMPROVEMENTS MISCELLANEOUSDIRECT COSTS SUBTOTAL 10.SubcontractslMiscellaneous Other (Lump Sum) CSIGEO (Geotechnical)$10,070.00 CSI (Structural Design)$24,432.00 1.Project Phase 2.Proposal Number Final Desi n Phase Culvert NA 3.Consultant Name 4.Date of Proposal Hanson Professional Services 1/10/2025 5.Direct Labor Hourly .Estimated Estimated Rate Hours Cost Sr.Project Manager $84.00 0 $ Sr.En ineer $72.00 0 $- Engineer $45.00 0 $ Sr.Designer $54.00 0 $- Designer $36.00 0 $— Clerical $28.00 0 $- Total Direct Labor 0 6.Overhead (Combined Fringe Benefit &Administrative) Overhead Rate 150%x Total Direct Labor 7.Subtotal:Labor +Overhead Items 5 &6 $ 8.Profit:Labor Related Costs Item 7 x 10% 9.Miscellaneous Direct Costs TOTALS TOTAL REIMBURSABLECOSTS TOTAL AMOUNT OF CONTRACT (Lump Sum plus Reimbursables) (Items 5,6,8,9.10,11)$34,502.00 SUBCONTRACTS/MISCELLANEOUSOTHER (LUMP SUM SUBTOTAL $34,502.00 TOTAL LUMPSUMAMOUNT Items 5,6,8,9,and 10 $34,502.00 11.Reimbursable Costs (Limiting Amount) PART IV-SUMMARY PART III-OTHER COSTS $0.00 PART I -GENERAL PART II -LABOR RELATED COSTS Agenda Item #9.D.24 Mar 2025 Page 163 of 182 GI Civil Services,Inc. Consulting Engineers BRIDGE 0 ROADWAY -CIVIL-WATER RESOURCES Jacksonville -Atlanta -West Palm Beach -Augusta Page 1of 4601 Touchton Road |Building 300,Suite 3150 .Jacksonville,FL 32246 .(904)641-1834 -Fax 645-0057 email:csi@civilservicesinc.com .internet:www.civilservicesinc.com January 8,2025 Mr.Brian McKee,P.E. Hanson Professional Services Inc. 8075 Gate Parkway West Suite 204 Jacksonville,FL 32216 Re:Cutlass Drive Box Culvert Miscellaneous Structures Design Jacksonville,Florida Dear Mr.McKee: CivilServices,Inc.(CSI)is pleased to present this structural design proposal and fee estimate for the subject project.We understand the project consists of the design of a single cell box culvert and headwalls at Cutlass Drive.We understand our task on this project includes the following: 0 Design of single cell box culvert (4’x 6'). 0 Design of box culvert headwalls and wingwalls as required Alldesign criteria shall be based on the latest editions of the FDOT Structures Design Guidelines, FDOT Design Manual,and the AASHTOLRFDSpeci?cations for Structural Supports for Highway Signs,Luminaires and Traf?c Signals. Our fee to provide the structural design services on this project is $24,432.00. Ifyou have any questions or concerns,please do not hesitate to contact us.We appreciate your selection of CSI for these services and look forward to serving as your structural consultant on this project. Sincerely, CIVIL SERVICES,INC. Christop er E.Morse,P.E. President m:\ptoposals\2025 proposal sub\coj\cullass drculven_hanson\cu?ass dr_2025-01-08. Agenda Item #9.D.24 Mar 2025 Page 164 of 182 // PART I -GENERA CONTRACT FEE SUMMARY FOR ENGINEERING DIVISION 1.Project Cutlass Drive BoxCulvert Design 3.Name of Consultant CivilServices Inc. 5.Direct Labor Principal Project Manager Sr.Engineer Design Engineer Designer Clerical TOTALDIRECTLABOR CITYOF JACKSONVILLE,FLORIDA 2.Proposal Number 6.Overhead (Combined Fringe Benefit &Administrative) 7.SUBTOTAL:Labor +Overhead Items 5 &6 9.Miscellaneous Direct Costs m-UH/Hn MISCELLANEOUSDIRECTCOSTS SUB-TOTAL 10.SUBCONTRACTS(Lump Sum) SUB-CONTRACTSUB—TOTAL MU)- TOTAL LUMP SUM AMOUNT Items 5 6 8 9 and 10 11.REIMBURSABLECOSTS (Limiting Amount) min-mm NA 4.Date of Proposal 1 8 2025 Hourly Estimated Rate Hours Estimated Cost $216.33 0 $0.00 $195.00 8 $1,560.00 $180.00 48 $8,640.00 $96.00 80 $7,680.00 $78.00 84 $6,552.00 $75.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 0.00 220 Hours 0.00% TOTAL 24 432.00 0.00 24 432.00 0.00 0.00 24 432.00 TOTAL AMOUNT OF CONTRACT(Lump Sum Plus Reimbursables)$24,431“) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Agenda Item #9.D.24 Mar 2025 Page 165 of 182 CSIGeo Gamer:n'cai -CMT *CF!Geotechnical -CMT -CE! GEOTECHNICAL SCOPE OF WORK Cutlass Drive Box Culvert City of Atlantic Beach,Florida The geotechnical exploration will consist of ?eld exploratory borings,laboratory testing,and a geotechnical analysis of the collected data.Due to the limited site access,a Tripod will be used to perform the soilborings. PROPOSED GEOTECHNICAL EXPLORATION Field Ex [oration -The proposed exploration for the culvert addition will consist of two (2)Standard Penetration Test (SPT)borings drilled to a depth of 30 feet each with continuous sampling.Muck probes will be performed in the ditch in front of the box culvert.Soil samples will be classi?ed, containerized,and marked in the ?eld and returned to the laboratory for visual inspection and classi?cation by the geotechnical engineer using the Uni?ed Soil Classi?cation System (USCS). Laborato Testin -Laboratory classi?cation and index soil tests will be performed as necessary on selected soil samples obtained from the exploration.Speci?c tests to be performed are Moisture Content,Organic Content,Percent Fines,Atterberg Limits,and Environmental Corrosion testing. En ineerin /Su ort Services -A geotechnical engineer,registered in the State of Florida,will direct the geotechnical exploration and provide engineering analysis and evaluation of the site and subsurface conditions with respect to the planned construction.The results of the explorationwill be presented in a report containing the following: 0 A brief discussion of the planned construction. 0 A graphical representation of the subsurface conditions encountered as well as the existing on-site conditions,such as topography,surface vegetation,encountered water tables,etc.,as they relate to the planned construction. An appendix that contains strati?ed soil boring pro?les and laboratory test data sheets. Written discussion of the subsurface conditions encountered. Evaluation of the subsurface soils and recommendationsfor the box culvert addition Recommendationsfor the required site preparation and earthwork construction. Agenda Item #9.D.24 Mar 2025 Page 166 of 182 GIG”’50:1.(:1 m xl UP: 0 Geotechnical -CMT -CE! Subtotal: $10,070.00 GEOTECHNICAL FEE ESTIMATE 2394 St.Johns BluffRoad.5 Suite 200 Jacksonville,Florida32246 Geotechnical Exploration 19'(904)641'1993 Cutlass Drive Box Culvert City of Atlantic Beach,Florida Number Estimated Item Description Unit of Units Cost/Unit Cost Field Investigation Mobilization-Tripod ea.1 ea.$1,900.00 /ea.$1,900.00 Tripod Mobilization from Hole to Hole ea.1 ea.$360.00 /ea.,$360. 00 Box Culvert Addition 2 Standard Penetration Test (SPT)Boring @ 30'ea.?.60 it.$28.00 /?.$1,680.00 Extra Samples ea.12 ea.$49.00 /ea.$588.00 Muck Probes in the Ditch day 0.5 day $1,200.00 /day $600.00 Temporary Casing ?.20 it.$19.50 /ea.$390.00 Boring Layout/Utility Clearance/Dif?cult Access hr.3 hr.$124.00 /hr.$372.00 Subtotal:$5,890.00 Laboratory Testing Moisture Content ea.8 ea.$22.00 /ea.$176.00 Percent Fines ea.8 ea.$54.00 /ea.$432.00 Organic Content ea.4 ea.$54.00 /ea.$216.00 Atterberg Limits ea.4 ea.$115.00 /ea.$460.00 Environmental Corrosion Series ea.2 ea.$250.00 /ea.$500.00 Subtotal:$1,784.00 Engineering/Support Services Sr.Geotechnical Engineer hr.1 hr.$204.00 /hr.$204.00 Geotechnical Engineer hr.4 hr.$164.00 lhr.$656.00 Staff Geotechnical Engineer hr 8 hr.$124.00 lllr.$992.00 CADD ! hr.4 hr.$119.00 /hr.$476.00 Clerical hr.1 hr.$68.00 /hr.$68.00 $2,396.00 ESTIMATED FEE: Agenda Item #9.D.24 Mar 2025 Page 167 of 182 January 10,2025 Mr.Steve Swarm,PE City Engineer City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233 Re:Cutlass Drive North/South Ditch Improvements (Final Design Phase) Subject:Scope &Fee Proposal Dear Mr.Swann: Hanson Professional Services (Consultant)is pleased to present our scope of services and fee proposal for this project.This scope of work is to provide professional engineering services for ditch improvements in the Cutlass Drive area of Atlantic Beach. General Objective The general objective of this scope is to provide a ?nal design along with an opinion of probable construction cost to increase the capacity of the ditch that runs north/south as Cutlass Drive as outlined in the Cutlass Drive Drainage Improvements Memorandum dated November 20,2024. Project Description The improvements under this project willbe to increase the cross-sectional area of the existing ditch and transition it to match the proposed conditions to be constructed at the existing box culvert under Cutlass Drive.The intent will be to maximize the ditch cross section without adding any retaining walls/ditch slope hardening and leaving 10 feet of level area between the top of the eastern bank and the right-of—wayto allow for maintenance and a future multi-use trail.The limits of the ditch improvement willbe from Plaza to Cutlass box culvert northern headwall and from Cutlass box culvert southern headwall to just north ofthe Aquatic Garden pond,see Exhibit A. Scope of Services The Scope of Services for this project involves the following tasks: Phase I—Design and Permitting Drainage Design I Plans Production Design phase services willinclude the preparation of 100%and final construction plans for the drainage improvements. (a)Drainage Design/Analysis.The Consultant will update the modeling performed for Cutlass Drive Drainage Improvements Memorandum dated November 20,2024 to 1of3 Agenda Item #9.D.24 Mar 2025 Page 168 of 182 H n .‘.u re?ect the ?nal ditch cross section to demonstrate the expected reduction inthe peak stages. (b)Plans.This effort willinclude ?nalizing plan sheets suf?cient for construction of the proposed improvements.The index of drawings for the plan set willgenerally include,but not necessarily be limited to the following: Key Sheet General Notes Typical Sections Roadway/Drainage Plan Special Details Cross Sections .Erosion &Sedimentation Control Notes/Details owmpow> Where applicable,information may be combined on drawing sheets. Survey Services No additional survey services are required.The survey acquired for the Cutlass Drive Drainage Improvements Memorandum dated November 20,2024 and survey previously provided by the City willbe used for the basis of the design. Geotechnical Services Geotechnical services to identify slope stability criteria are included as part of this scope of services.See attached scope and fee from CSI for more details. Environmental Services The proposed improvements do not require any environmental services such as wetland ?agging thus these services are not included as part of this scope. Utility Services The Consultant willcontact the utility owners withinthe project limits and submit preliminary plans to con?rm existing facilities and identify utility impacts anticipated by the proposed improvements.The Consultant willsubmit ?nal plans to confirm/document existing facility conflicts and address relocation requirements.Coordination of any potential adjustments willbe completed.The effort to design utilityadjustments is not included as part of this scope and ifrequested by the effected UAO shall be negotiated under a separate scope of services. Permitting Requirements The proposed improvements are expected to qualify for a SJ RWMD General Permit. The Consultant willcoordinate with SJRWMD and submit the General Permit Application.The Consultant willcoordinate a pre-application meeting to con?rm the permitting approach early in the project.The City Engineer willhandle acquiring the USACE Nationwide permit and the Consultant willassist with exhibits.The City willbe responsible for paying permit agency directly or reimburse Consultant for payment once invoice is generated by permitting agency and amount is known.Reimbursement of Consultant paying application fees is not included in the fee included with this scope. Project Submittal Requirements 100%Design Plans:A PDF of half—sized(11”x 17”)drawings willbe furnished to the City for review and comment.Design documentation with calculations and an opinion of probable cost will be provided along with the design plans.The plans will be reviewed by 20f3 Agenda Item #9.D.24 Mar 2025 Page 169 of 182 :m I? wtheCityandwrittencommentswillbeprovided.The City willprovide written review comments within two (2)weeks from submittal. Final Signed and Sealed Design Plans:A PDF of digitally signed and sealed half—sized (11”x 17”)drawings willbe furnished to the City for review and comment.Design documentation with calculations and an opinion of probable cost willbe provided along with the design plans.Draft Bid Documents and Project Speci?cations using City standard format willbe included in this submittal.The plans willbe reviewed by the City and written comments willbe provided.The City will provide written review comments within two (2)weeks from submittal.Agreed upon revisions will be made and revised signed and sealed plans,Bid Documents,and Speci?cations willbe issued. Subsurface Utility Engineering Based on previous data collection and utilitycoordination no signi?cant impacts to utilities is expectedlf through the additional coordination under this scope it is determined additional subsurface utilityengineering is needed itwillbe negotiated at that time and willbe addressed with an amendment to this scope of services. Meetings Consultant willschedule 100%plan review meeting to discuss review comments and relay any design information necessary to convey the intent of the plans. Consultant willconduct a pre—applicationmeeting with SJRWMD staff to discuss applicable permitting/use of a general permit. Time Schedule Within ten (10)days after Notice to Proceed (NTP),Consultant willupdate the schedule provided with actual dates based on the NTP date.The schedule willfollow the outline below. Receive NTP Data Collection/Geotechnical Report Within 30 days after NTP Submit 100%Plans 60 days after completion of Geotechnical Report 100%Plans Review Comments (City)14 days after 100%Plans Submittal 100%Plans Review Meeting Within 10 days after receipt of City Comments Submit Final Bid Documents 21 days after 100%Plans Review Meeting Phase II Construction Administration IfPhase IIis authorized by the City,the speci?c construction administration services to be provided by the Consultant during the period of construction willbe negotiated under a separate contract/scope of services. Fee Consultant willcomplete the scope of services described herein for a total lump sum amount of $49,525.09,as detailed in Exhibit B. 3of3 Agenda Item #9.D.24 Mar 2025 Page 170 of 182 'D'V'i 'OOU'EZ'SIGIB 57"”um GENES 0W OZNQIS ATNIIDIU 31!!JINOHDS'IE if“S!BSMS SI!“10 GHOJHU 7V'31530 5!“:a«2:....313!$3.33.Iinuc.3351.).utuaeauggeuum/S~mu3m~?€~n~$m.3«\Emb?mwEWIM §EQEWMNvehit . $323 Ebb—‘2. A\IDz~hh~kw,..l..\\AhIIIIIIIIIII..rllllll I.~4 ?.EmBB:3 ?x.‘DWMOROER 5.._____m "htmx?suRomUZCQKW_ zozbbmkmtcuk09:3: .1.333 Wk2N2msbt12~WDQENQNE1§E?MWQ.Ehw33“-};LOEU zomz<: 333:5. L~ NEDEN».wasn‘t 2526 .2 .335;02:23 \\I!l I?r\J z x \/\\I.l l.I I l I l _\\E:_. new $255 4.363%:33.3%.2 UZEMDKU Qzu‘$2."?de szdzq?m 30m .wm. sun M/u amf‘M/u 20~LQ~RUWWQ 3::z...E...:E .u .5?“.353; Snoita asmmkm? 38m mi... 595 EmEm>an_ :85 6 BE:DEE u:2<:< Agenda Item #9.D.24 Mar 2025 Page 171 of 182 EXHIBITB CONTRACT FEE SUMMARY CUTLASS DRIVE DRAINAGEIMPROVEMENTS $8,186.00 MISCELLANEOUSDIRECT COSTS SUBTOTAL 10.SubcontractsIMiscellaneous Other (Lump Sum) CSIGEO (Geotechnical) 1.Project Phase 2.Proposal Number Final Desi n Phase Ditch NA 3.Consultant Name 4.Date of Proposal Hanson Professional Services 1/10/2025 5.Direct Labor Hourly Estimated Estimated Rate Hours Cost TOTALS Sr.Project Manager 35 84.00 78 $6,520.42 Sr.Engineer $72.00 53 $3,839.62 Engineer $45.00 0 $ Sr.Designer $54.00 0 $ Designer 8 36.00 129 $4,644.00 Clerical $28.00 0 $ Total Direct Labor 260 $15,004.03 6.Overhead (Combined Fringe Benefit &Administrative) Overhead Rate 150%x Total Direct Labor $22,506.05 7.Subtotal:Labor +Overhead Items 5 &6 $37,510.08 8.Profit:Labor Related Costs Item 7 x 10%$3,751.01 9.Miscellaneous Direct Costs $49,525.09 TOTAL AMOUNT OF CONTRACT(Lump Sum plus Reimbursables) (Items 5,6,8,9,10,11) SUBCONTRACTS/MISCELLANEOUSOTHER (LUMP SUM)SUBTOTAL $8,186.00 TOTAL LUMP SUM AMOUNT Items 5,6,8,9,and 10 $49,525.09 11.Reimbursable Costs (Limiting Amount) TOTAL REIMBURSABLECOSTS PART IV-SUMMARY PART III OTHER COSTS $78.00 PART I -GENERAL PARTII-LABOR RELATED COSTS Agenda Item #9.D.24 Mar 2025 Page 172 of 182 O 3.2.0.3 3.3.0.2, mF.RQm $133 8.3% >._._>=.o< >m hmOU >m<4<m » a og o3 m9. on vm >h_>_.—.0< >m my.30I ._<._.O._. 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Um_>_<zhow—dan— mew IDL'“) mm 50qu rrvoooooooevooo c=m2m>mLg8:03.3909 3mm meOIw._.m_m_Im “8% 52m 6me ‘-x-o 5 52m 52m 52m 62m 32m $95 $55 2 m._ FY—VV—FOVVV— ._._ZDmtz: ._<._.O._.“—0.02«inmm:“—0.02w._._ZD wzjam_0<Z_<w_n_ 388E mm68.22525mmeamw686835:8ch mI_<._.O._. 5535 :w 65:00=ngmucm5mw<__m:0 mgomcwteams? mQOZB—?wmn—_o._uCOU«cmEEmw w:O_m9m_ mQOZEm—n—_ohc00 059:.mcozowwwwOLO 258 50me 2:91 .3550mwmwcm:2; So m._“8.2; 38%58mm _8_F $82 .9950 5me 3 2E:moo5mm:5:08 820 2E:EmaLEmmE_mu_tw>\_m«cou_._oI mv_w<._. H.56— "ms_<z 105:2.th nm§<z ._.Z<._.._:mZOU 3N Sum 2N N_..N :N 9N m.N wN 5N 0N m.N TN MN NN _..N .02 YES. mgr...9N 5855 25E OOu—rx—OVQ’V—on—O Agenda Item #9.D.24 Mar 2025 Page 177 of 182 ._<._.O._. _>_m_._._ .cU__LnET. 25.3508263.262%22.2.=2”8.»; 3:5EzoEm£5:_c.2255«o:0.5mean.:55."— 00.0% code 00.0» 3:3me>>2>wm39?.ooéww 263mm.22“.ooéwm oodme 00.0w 00.0w wkzm=2w>omn=>=mO<Z_<mDm_>_mn_mm<‘_._.30 9::En. w__E.ma 2::Ba 00.0mm 00.0% 00.0% $995 mummcw ?wmcw Ewmcm wgwmcw u59%5n. n32m$1 uN532HUM?Om—m omd omd 006 0.20 can 00—. 02 09 o o mhmoohowma 0m=2 ._<._.O._. .550 commondm©35260 5:395 axmm=Eoxo .toamcmc. 85n :26 8 wxmw__EomxN .toamcmc. mg;a,”$050 35 S ax8.2:omxN .tonmcmc. 3E.#”How—oi0... E0283850«2.2.3202 “E9...359... a@3368m3822; 9©£25o2.8 9©$8502:mam ”moo oo385.98 o350 w300 :9on oo mamaas“. oo 255 «52 oo mama$8 0o858 9582 235 8295g2.:mam 00.; 00.0mm Ammawww9.:9:9 cones—85mm ©385o3%o ©385mo3%o Amm_n_o:uoamm_$599 ”E3622 mEtmE ZO_._.n=w_owmQ_>_m_._._ 385$"NEE mm.mmes..55 "msEz mo._.<s__.rwm $22868633;.:8ch £522 ._.z<._.._:mzoo hmOOhowmaw30m2<l_n_m_0m=2 £56 xomco mEtaxomco mEExowco w._.zm=>=>_Oo Agenda Item #9.D.24 Mar 2025 Page 178 of 182 CSIG'eloGeotF-l icai "MT-ElGeotechnical-CMT-CEI GEOTECHNICAL SCOPE OF WORK Cutlass Drive Ditch Embankment Slope Evaluation City of Atlantic Beach,Florida The geotechnical exploration will consist of ?eld exploratory borings,laboratory testing,and a geotechnical analysis of the collected data.Due to the limited site access,a Tripod will be used to performthe soil borings. PROPOSED GEOTECHNICAL EXPLORATION Field Ex IOration -The proposed expioratio’nfor the ditch embankment will consist of four (4)SPT borings-drilled to a depth of 15 feet each.Muck probes will be performed in the ditch.Soil samples will be classi?ed,containerized,and marked in the ?eld and returned to the laboratory for visual inspection and classi?cation by the geotechnical engineer using the Uni?ed Soil Classi?cation Systems (USCS). Laborato Testin -Laboratory classi?cation and index soil tests will be performed as necessary on selected soil samples obtained from the exploration.Speci?c tests to be performed are Moisture Content,Organic Content,Percent Fines,and Atterberg Limits. En ineerin /Su ort Services -A geotechnical engineer,registered in the State of Florida,will direct the geotechnical exploration and provide engineering analysis and evaluation of the site and subsurface conditions with respect to the planned construction.The results of the exploration will be presented in a report containing the following: 0 A brief discussion of the planned construction. 0 A graphical representationof the subsurface conditions encountered as well as the existing on— siteconditions,such as topography,surface vegetation,encountered water tables,etc.,as they relate to the plannedconstruction. An appendixthat contains strati?ed soil boring pro?les and laboratory test data sheets. Written discussion of the subsurface conditions encountered. Recommendations for the required site preparationand earthwork construction. Preliminary evaluation of the ditch embankment slopes and,if necessary,provide suggested alternatives for stabilization.If a stabilization alternative is selected,detailed slope analysis and design recommendations will be provided under a supplementalagreement. Agenda Item #9.D.24 Mar 2025 Page 179 of 182 CSIGeo Ger tr h n,Geotechnica?-CMT -CEI GEOTECHNICAL FEE ESTIMATE 2394 St.Johns BluffRoad,5 Suite 200 Jacksonville,Florida 32246 Geotechnical Exploration ‘e'(904)641‘1993 Cutlass Drive Ditch Embankment Slope Evaluation City of Atlantic Beach,Florida Laboratory Testing Moisture Content Percent Fines Organic Content Atterberg Limits Engineering/Support Services Sr.Geotechnical Engineer Geotechnical Engineer Staff Geotechnical Engineer CADD Clerical Subtotal: Number Item Description Unit of Units Cost /Unit Field Investigation Mobilization-Tripod ea.1 ea.$1,900.00 Tripod Mobilization from Hole to Hole "ea.ea.$360.00 Ditch Embankment 4 SPT Boring @ 15'ea.11.60 it.$28.00 Muck Probes in the Ditch day 0.25 day $1,200.00 Temporary Casing ?.10 Pt.$19.50 Boring Layout/Utility Clearance/Dif?cult Access hr.2 hr.$124.00 Subtotal: ea.6 ea.$22.00 ea.6 ea.$54.00 ea.2 ea.$54.00 ea.2 ea.$115.00 hr.1 hr.$204.00 hr.3 hr.$164.00 hr 7 hr.$124.00 hr.3 hr.$1l9.00 hr.1 hr.$68.00 /ea. /ea. lea. /day lea. /ea. lea. lea. /ea. /hr. /hr. /hr. /hr. Estimated Cost $1,900.00 $1,080. 00 $1,680.00 $300.00 $195.00 $248.00 $5,403.00 $132.00 $324.00 $108.00 $230.00 $794.00 $204.00 $492.00 $868.00 $357.00 $68.00 $1,989.00 $8,186.00ESTIMATEDFEE: Subtotal: Agenda Item #9.D.24 Mar 2025 Page 180 of 182 WWW IT !I 1 MILE !!'|E I' From: To:; Cc:,, Subject:4337-138—AFEMASOWC/BUDINCApprovalNoti?cation Date:Wednesday,February 19,2025 4:03:14 PM Importance:High Hello Steve and Kim, REF:4337-138-A City of Atlantic Beach,AquaticGardens,Drainage -Phased FEMAApproval FDEMreceived approval for the 4337-138—APhase IIBudget Increase and Scope ofWork change,as well as the Phase IBudget Decrease and Reallocation,from FEMAthis morning. Revised Approved SOW: The Cityof Atlantic Beach proposes drainage improvements to the Aquatic Gardens Subdivision, located inAtlantic Beach,Florida,32223.Specifically,the project is located at the Aquatic Driveentrance to the Atlantic Village shopping plaza,along the adjacent drainage channel,and the Aquatic Drive Pond. The proposed project isto regrade the Aquatic Drive Pond bank and increase the culvert capacity under the Aquatic Driveentrance to the Aquatic Village shopping plaza.The Aquatic Drive Pond bank will be regraded to increase stormwater capacity,the project design elevation for the pond bank is 5.25 FTNAVD.Anew control structure will be constructed to manage the pond's water level.The pond control structure includes a flashboard riser (consisting of mitered end (MES),24"HDPE,inline check valve and headwall).Existing equipment willbe utilizedby City staff,in anticipation of storm events,to draw down the pond water level to the design elevation of —1FTNAVD.Riprap will be installed to strengthen channel slope and bottom around structures and at identified potential erosion locations. The existing 6-foot-by-8-foot box culvert under the west entrance to the Atlantic Village shopping plaza will be replaced with double 6-foot—by-8-foot box culverts.Additionally,the double box culverts are extended and protected with concrete headwalls,at both upstream and downstream connections to the stormwater channel.Aparking lot entrance to the Atlantic Village shopping plaza will be demolished to replace the box culvert.Following the double culvert installation,the existing pavement will be reconstructed,and the project drainage system willconnect to existing infrastructure.Amenities impacted by construction will be protected or replaced.Pond and channel slopes will be sodded,and final grade will tie back to existing conditions.The project shall help to reduce loss of service due to localized ponding and roadway overtopping ina neighborhood that has experienced significant and repeated flooding. Important Update: Agenda Item #9.D.24 Mar 2025 Page 181 of 182 The project shall provide protection against a 25-year storm event.Activitiesshall be completed instrict compliance with Federal,State,and Localapplicable Rules and Regulations. Approved Budget: Revised Phase |Total:$191,326.00 Revised Total Project Cost:$3,126,077.00 The next step is to develop and execute contract modifications (for both Phase IandII).Iwillprioritize the developmentofthe Phase IIcontract.Keep in mind,FDEM does not anticipateanyissues with the contract modification process,and it is ultimately up to the City to move forward with the contractor agreement as they see fit,taking into consideration that FDEM and FEMAhave both approved the change.The City does not need permission or approvals from the State to proceed with procurement as it isthe Sub-Recipient’s responsibility to ensure compliance. Executing the contract modification can sometimes take up to two months after passing through the internal programmatic and legal reviews process. Let me know ifyou have any questions or concerns. Thank you, Autumn Herrington Project Manager |Bureau of Mitigation Florida Divisionof Emergency Management Phone:(208)955-9031 Under Florida law,correspondencewith the Florida Division'of Emergency Management concerning agency business that is neither con?dential nor exempt pursuant to Florida Statutes is a public record and will be made available to the public upon request. Autumn.Herrington@em.my?oridacom Revised Phase IITotal:$2,934,751.00 Agenda Item #9.D.24 Mar 2025 Page 182 of 182