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HomeMy WebLinkAboutResolution No. 26-53RESOLUTION NO. 26-53 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A CHARITABLE IN-KIND DONATION FROM NATURE CONNECT FLORIDA, INC. FOR LANDSCAPE DESIGN AND INSTALLATION SERVICES AT THE COMMUNITY GARDEN AT MARSH OAKS COMMUNITY CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DONATION AGREEMENT ATTACHED HERETO AS EXHIBIT 1; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach seeks to ensure that the Interlocal Agreement (ILA) with the Consolidated City of Jacksonville reflects a fair and equitable distribution of services and costs; and WHEREAS, the City of Atlantic Beach recognizes the public benefit of enhancing its public parks and community spaces; and WHEREAS, Nature Connect Florida, Inc. ("Donor") desires to provide a gift to the City consisting of professional landscape architectural design, materials, and installation for the Community Garden at Marsh Oaks, valued at approximately $65,000; and WHEREAS, the Donor has selected Ecological Collaboratives LLC (d/b/a Sava Outdoor) to provide the professional design services; and WHEREAS, the City finds that the proposed enhancements will provide upgraded landscape and aesthetic features for the benefit of the community; and WHEREAS, the City Commission finds that accepting this donation serves a valid public purpose and is in the best interest of the residents of Atlantic Beach. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The above recitals are true and correct and are incorporated herein. SECTION 2. The Atlantic Beach City Commission hereby accepts the in-kind donation from Nature Connect Florida, Inc. as described in the Donation Agreement, attached hereto and incorporated herein as Exhibit 1. SECTION 3. The City Manager is authorized to execute the Donation Agreement and any other necessary documents to effectuate the project, including permits and authorizations required for installation. SECTION 4. This Resolution shall take effect immediately upon its passage and adoption. Resolution No. 26-53 Pagel of 2 PASSED AND ADOPTED by the City of Atlantic Beach, this 23rd day of March 2026. PASSED AND ADOPTED by the City of Atlantic Beach, this 23rd da of March 2026. Curtis ora, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: J son nel, City Attorney Resolution No. 26-53 Page 2 of 2 EXHIBIT 1 DONATION AGREEMENT This Donation Agreement (the "Agreement") is entered into as of '2026 by and between the City of Atlantic Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (the "City"), and Nature Connect Florida, Inc., a Florida non-profit corporation whose address is 1745 Selva Marina Drive, Atlantic Beach, Florida 32233 (the "Donor"). Recitals WHEREAS, the Donor desires to make a charitable, in-kind gift to the City for the public benefit of enhancing the Community Garden at Marsh Oaks, a public park within the City (the "Park," to be designated by the City Manager or designee); WHEREAS, the Gift consists of landscape architectural design services, supply of all necessary materials, and complete installation of a landscape plan (the "Gift"), to be performed solely at the Donor's expense; WHEREAS, the approximate fair market value of the Gift is $65,000.00 as estimated by the Donor, and is funded entirely by the Donor with no cost or financial obligation to the City; WHEREAS, the City will cooperate with Donor with respect to the installation of the Gift by installing and coordinating the appropriate access and utilities (water, electric and drainage systems) to accommodate the installation and maintenance of the Gift; WHEREAS, the Donor wishes to support the City with this gratuitous offer and select and direct the landscape architect, suppliers, and installers for the design, supply, and installation of the Gift; WHEREAS, the City wishes to accept Donor's donation and wished to use the donation to provide upgraded landscape and aesthetic features at the Park for the benefit of the community; WHEREAS, the City has the authority under Florida law (including Chapter 166, Florida Statutes) and its home rule powers to accept donations for public purposes, and desires to accept the Gift subject to the terms herein; WHEREAS, this Agreement is subject to approval by the City Commission; NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows: 1. Description of the Gift. The Donor agrees to donate and the City agrees to accept the Gift, consisting of • Professional landscape architectural design services for the Park from the following contractor: Ecological Collaboratives LLC, a Florida limited liability company 65294259 v6 d/b/a Sava Outdoor, 3303 Myra Street, Jacksonville, Florida 32205 ("Landscape Designer") as set forth in the landscape plans dated , attached hereto and incorporated herein as Exhibit A ("Landscape Plan"); Supply of all plants, materials, hardscape, and other items necessary for the Landscape Plan, attached hereto and incorporated herein as Exhibit B ("Landscape Materials"); Complete installation of the Landscape Plan in the Park. All elements shall be performed to a professional standard, in a good and workmanlike manner, and in compliance with all applicable laws, codes, ordinances, and standards by the following landscape and utility installation contractors: ("Landscape Contractors"). 2. Donor's Responsibilities. The Donor shall engage, manage and supervise the Landscape Designer and Landscape Contractors, and shall coordinate all such efforts with the City. The Donor shall ensure that the Landscape Designer and Landscape Contractors are properly licensed, insured, and qualified within the City. The Donor shall bear all costs associated with the Gift, including labor, materials, permits, fees, insurance, and any other expenses. Donor shall reimburse the City for the bridge walkway as set forth in Section 3 herein, in an amount up to $1,000, promptly upon its completion. Additionally, donor shall pay for associated electrical work as set forth in the Limbaugh Electrical Contracting, Inc. estimate in an amount not to exceed $6,560, attached hereto and incorporated herein as Exhibit C ("Electrical Estimate"). 3. City's Rights and Responsibilities. The City shall: • Designate the specific locations within the Park for the landscape installation. • Provide reasonable access to the Park during reasonable hours for the performance of the Gift. • Review and approve the final Landscape Plans and Landscape Materials as well as the installation methods prior to commencement of work, to ensure consistency with City standards, codes, public safety, and park plans (and such approval shall not be unreasonably withheld or delayed). • Issue any necessary permits or authorizations upon submission by the Donor. Upon satisfactory completion and final inspection/approval, the City shall accept ownership and responsibility for ongoing maintenance of the installed landscape. • The City shall provide the appropriate access and utilities (water, irrigation, electric and drainage systems) to accommodate the installation and maintenance of the landscaping materials associated with the Gift. All power lines shall be placed underground (including but not limited to the main power line). • Construct a bridge walkway over the swale on the north side of the garden, pursuant to the City's design and construction standards and requirements, in its sole discretion, subject to Donor's reimbursement set forth in Section 2. 65294259 v6 2 • Remove certain trees that it identifies on the north side of the property, where the garden will be built, in order to accommodate the design of the Gift, at the City's expense. 4. Compliance, Permits, and Insurance. All work shall comply with all City codes, comprehensive plans, zoning, environmental regulations, and Florida law. The Donor shall obtain all required permits and pay all associated fees. The Donor shall maintain, or cause the Landscape Designer and Landscape Contractors (and any other hired vendors or contractors) to obtain, at its expense: • Commercial general liability insurance (minimum $1,000,000 per occurrence, $2,000,000 aggregate); • Workers' compensation insurance as required by law; • Automobile liability insurance. The City shall be named as an additional insured on all such policies. Certificates of insurance shall be provided to the City prior to commencement of work. 5. Severability. If any provision of this Agreement, the deletion of which would not adversely affect the receipt of any material benefits by any party hereunder or substantially increase the burden of any party hereunder, shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. 6. Notices; Proper Form. Any notice required or allowed to be delivered hereunder shall be in writing and be deemed to be delivered upon receipt before 5:00 p.m. on a business day by hand delivery, overnight courier, U.S. Mail, postage prepaid, certified mail, return receipt requested and addressed to a party at the address set forth opposite the party's name below, email at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. As to City: Attention: City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 As to Donor: Attention: Judith Leroux 1745 Selva Marina Drive Atlantic Beach, FL 32233 7. Disclaimer of Third Party Beneficiaries. Except as otherwise specifically provided herein, this Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a party hereto. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any right, remedy or claim under or by reason 65294259 v6 3 of this Agreement or any provisions or conditions hereof, other than the parties hereto and their respective representatives, heirs, successors and assigns. 8. Waiver of Procurement Requirements. The parties acknowledge that this transaction is a charitable donation with no expenditure of City funds with regard to the Gift. To the extent any provision of the City's Code of Ordinances, procurement manual, purchasing policy, or Florida law regarding competitive bidding, sealed bids, or procurement procedures could otherwise apply to the selection of design professionals, suppliers, or installers, the City hereby waives such requirements solely for this Gift. 9. Indemnification. The Donor agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from or related to the Gift, including the design, materials, installation, or performance thereof, except to the extent caused by the City's sole negligence or willful misconduct. 10. Completion and Acceptance. The Donor shall complete the full implementation and installation of the Gift within two (2) months of the completion of the last of the following specific items by the City: a) the tree removal set forth in Section 3; b) the utilities installation as set forth in Section 3; and c) the construction of a parking lot in a size, location, standard and other development features as determined by the City, in the City's sole discretion. Upon completion, the City shall conduct a final inspection. If the work meets standards, the City shall provide written acceptance. Title to all installed elements of the Gift shall transfer to the City upon acceptance in its entirety. Once the Gift has been accepted by the City, it shall convey completely to the City for the City's use, in its sole discretion. Upon such City acceptance, Donor shall be completely released from any further obligation or responsibility with respect to the Gift. 11. Amendments. No amendment, modification or other change in this Agreement shall be binding upon the parties unless in writing and executed by the parties hereto. 12. Entire Agreement. This Agreement embodies and constitutes the entire understanding of the parties with respect to the subject matter addressed herein, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. 13. Counterparts. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same Instrument and any party or signatory hereto may execute this Agreement by signing any such counterpart. 65294259 v6 4 14. No Warranties or Liabilities. The City makes no representations regarding the suitability of the Park location or future maintenance burdens. The Donor warrants that the Gift complies with all laws and does not infringe third -party rights. 15. Approval and Effective Date. This Agreement is contingent upon approval by the City Commission at a duly noticed public meeting. If approved, it shall become effective upon execution by the authorized representatives. 16. Governing Law and Miscellaneous. This Agreement shall be governed by Florida law. Any disputes shall be resolved in Duval County courts. This document constitutes the entire agreement. Amendments must be in writing and approved by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Attest: Donna Bartle City Clerk STATE OF FLORIDA COUNTY OF DUVAL 65294259 v6 CITY OF ATLANTIC BEACH, FLORIDA Curtis Ford Mayor Date: 1 1 1 NATURE CONNECT FLORIDA, INC., a Florida non-profit corporation By: Name: Judith Leroux Title: President Date: The foregoing instrument was acknowledged before me this day of , 2026, by Judith Leroux, as President of NatureConnect Florida, Inc., a Florida non-profit corporation, on behalf of the company, who is personally known to me produced as identification and who acknowledged that he/she signed the instrument voluntarily for the purpose expressed in it. Notary Public Printed Name: My Commission Expires: 65294259 0 6 EXHIBIT A Landscape Plan 65294259 v6 Exhibit A MARSH OAKS COMMUNITY CENTER GARDEN 1©© W. 1ST STREET ATLANTIC BEACH, FL 32233 FEATURES \ 26 RAISED BEDS 10' X 3'4" 6 RAISED BEDS 10' X 1'10" FOR DISABILITY ACCESS WITH ADJACENT CONCRETE CRUSH SMALL LIMESTONE WALKWAYS 6' TALL CUSTOM FENCE AROUND THE NORTH, EAST. AND WEST BOUNDARIES W TALL WOODEN FRAME W. BLACK METAL GRATE FENCE (SOUTH BOUNDARY) SMALL POND AND POLLINATOR AREA NATIVE WILDFLOWER AREA (SWALE) ARCHWAY ENTRANCE (NORTHI 8' WIDE GATE ISOUTHI HONEYSUCKLE VINE PLANTED ALONG NORTH FENCE WALL 6 HOSE SPIGOTS OUTDOOR EXHIBIT B Landscape Materials 65294259 v6 EXHIBIT C Electrical Estimate 65294259 v6 EXHIBIT C Limbaugh Electrical Contracting, Inc. 42 West 8m Street Atlantic Beach, Florida 32233 Phone (904) 241-9051 Fax (904) 249-0703 EC 13002296 JeremvZq LimbgmgK1ectricgLcom September 2, 2025 City of Atlantic Beach 800 Seminole Rd. Atlantic Beach, FL 32233 CIO Amanda Askew 904-247-5841 aaskew@coab.us Project; Marsh Oaks Community Center Service Conduit Marsh Oaks Community Center 100 West 1 st Street Atlantic Beach, FL 32233 Labor and materials to complete the following; - Install 2 — 2'/Z" PVC conduits from the new electric service location on the building to the future service connection box location near the existing JEA pole - Install 1 — 4" PVC conduit from the future JEA service connection box location to the base of the pole as directed by JEA - Install measuring pull tape in each conduit and seal off The new conduits will be turned up 4' to 10' from the existing JEA pole to allow for the service connection box to be installed by others. The City of Atlantic Beach will be responsible for providing and installing the service conductors. The City of Atlantic Beach will be responsible for obtaining and installing the JEA service connection box. The City of Atlantic Beach will be responsible for removing and replacing the concrete between the new service location and the JEA pole. EXHIBIT C This project will require an inspection with the city. The owner/contractor will be responsible for providing access for the inspector. Limbaugh Electrical will coordinate with the owner/contractor and schedule the inspections with the city. Any missed inspection charges will be the responsibility of the owner/contractor. The cost of this project as described above including City of Atlantic Beach Electric Permit; $6,560.00 Thank you, Jeremy Limbaugh Vice President EC13002296