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Home My WebLink About06-22-26 Final Agenda City of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, June 22, 2026 - 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 June 8, 2026. 6-8-26 Regular City Commission Draft Minutes 7 - 22 2. COURTESY OF FLOOR TO VISITORS * 2.A. Recognition of Police Vounteer James Johnson PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (June - August 2026) 90-Day Calendar (June-August 2026) 23 - 26 3.B. Marsh Oaks Community Center Update 3.C. July 11 Centennial/America 250 Celebration Update 3.D. Beaches Town Center Streetlights 3.E. Other Reports 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 5.A. PLAT25-0002 (0 Seminole Road) — Referral to the Director of Planning and Community Development, as the designated administrative official,for administrative review and approval pursuant to §§ 177.071 and 177.091, Florida Statutes. No Commission action on the merits. (Procedural; not a quasi-judicial hearing.) 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY Page 1 of 218 Regular City Commission - 22 Jun 2026 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. Approve Resolution No. 26-77. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO APPROVE CHANGE ROADWAYAHERN 2425-06 STREETFOR #1 ORDER THE IMPROVEMENTS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-77 27 - 29 6.B. Approve Resolution No. 26-78. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A TASK AUTHORIZATION TO CRAWFORD, MURPHY & TILLY, INC. TO DESIGN THE SIDEWALK IMPROVEMENTS FOR THE SAILFISH DRIVE MULTI-USE PATH PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH AS ACCORDANCE AND ORDERS PURCHASE AND IN NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-78 31 - 37 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 26-79 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING THE PUBLIC COAST ATLANTIC TO EQUIPMENT BUILDING WORKS PROJECT CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-79 39 - 83 8.B. RESOLUTION NO. 26-80 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE 2026 ANNUAL MILLING & PAVING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-80 85 - 107 Page 2 of 218 Regular City Commission - 22 Jun 2026 * 8.C. RESOLUTION NO. 26-81 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND KEVIN HOGENCAMP AS CITY MANAGER; CONFIRMING THE COMMISSION’S PRIOR APPOINTMENT OF KEVIN HOGENCAMP AS CITY MANAGER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-81 109 - 124 8.D. RESOLUTION NO. 26-82 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RESCINDING RESOLUTION NO. 26-60, WHICH AUTHORIZED THE CITY TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL EXECUTIVE RECRUITMENT SERVICES TO CONDUCT A SEARCH FOR A CITY MANAGER; PROVIDING FINDINGS; PROVIDING THAT RESOLUTION NO. 26-60 SHALL BE OF NO FURTHER FORCE OR EFFECT; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-82 125 - 127 * 8.E. RESOLUTION NO. 26-83 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE PAID PARKING PROGRAM AT BEACHES TOWN CENTER TO EXTEND THE FORMAL TERM THROUGH DEC. 31, 2026; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-83 129 - 148 * 8.F. RESOLUTION NO. 26-85 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA,APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) AND THE CITY OF ATLANTIC BEACH FOR COASTAL PROJECTS; RESTORATIONANDREHABILITATION HABITAT AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED PROJECT AGREEMENTS CONSISTENT WITH THE TERMS OF THE MEMORANDUM OF AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 26-85 149 - 174 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 5-26-75, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING 2, DIVISION AMENDING FEES;CHAPTER IX, ARTICLE2,CITY BUILDING CODE FEES, INCLUDING SECTION 2-500, SCHEDULE OF BUILDING PERMIT FEES; SECTION 2-501, SCHEDULE OF ELECTRICAL PERMIT FEES; SECTION 2-502, SCHEDULE OF PLUMBING PERMIT FEES; AND SECTION 2-503, SCHEDULE OF FIREMECHANICAL AND GAS PERMIT FEES; AMENDING DIVISION 3, 175 - 199 Page 3 of 218 Regular City Commission - 22 Jun 2026 DEPARTMENT FEES, INCLUDING SECTION 2-510; CREATING A NEW DIVISION 4, PUBLIC WORKS FEES, INCLUDING SECTION 2-520, SCHEDULE OF PUBLIC WORKS PERMIT FEES; CREATING A NEW DIVISION 5, ZONING FEES, INCLUDING SECTION 2-530; PROVIDING FOR FINDINGS OF FACT, CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Ordinance No. 5-26-75 9.B. ORDINANCE NO. 5-26-76, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, CITY FEES, BY CREATING A NEW DIVISION 6, PARKS AND RECREATION FACILITY FEES, FOR THE PURPOSE OF CONSOLIDATING CITY FEES INTO A SINGLE CHAPTER OF THE CODE; AMENDING CHAPTER 5, BEACHES, PARKS, AND RECREATION, SECTION 5-32, USER FEES FOR PARKS AND RECREATION FACILITIES, TO REMOVE THE EXISTING FEE SCHEDULE, AND REFERENCE THE NEW FEE LOCATION IN CHAPTER 2; PROVIDING FOR FINDINGS OF FACT, CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Ordinance No. 5-26-76 201 - 211 9.C. ORDINANCE NO. 95-26-128, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING CHAPTER 23, PROTECTION OF TREES AND NATIVE VEGETATION, OF THE CODE OF ORDINANCES; AMENDING ARTICLE II, LANGUAGE AND FOR DEFINITIONA ADD TO DEFINITIONS, 23-8, SECTION DEFINITIONS, LANDMARK LIVE OAK TREE; AMENDING ARTICLE IV, DIVISION 5, AREAS OF SPECIAL CONCERN, TO CREATE SECTION 23-42, LANDMARK LIVE OAK TREES, ESTABLISHING REGULATIONS, PRESERVATION STANDARDS, REMOVAL CRITERIA, RELOCATION REQUIREMENTS, AND MITIGATION REQUIREMENTS FOR FACT, OFFINDINGS FOR TREES; OAK LIVELANDMARK PROVIDING CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Ordinance No. 95-26-128 213 - 218 10. MISCELLANEOUS BUSINESS 10.A. Public Hearing - APP26-0001 - Appeal of a decision of the Community Development Board (CDB) for variance ZVAR26-0008 at 95 10th Street Request for a variance from Section 24-151(h) and 24-108(e) to reduce the minimum rear yard and side yard setback for an attached accessory structure. (Withdrawn) 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT Page 4 of 218 Regular City Commission - 22 Jun 2026 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 5 of 218 Page 6 of 218 Regular City Commission June 8, 2026 MINUTES Regular City Commission Meeting Monday, June 8, 2026 - 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 (At Large) 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: Kevin Hogencamp, Interim City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting held on May 26, 2026. The Commission approved the minutes as submitted. 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT The following speakers provided their comments: Nathan Gray shared photos with the Commission (which are attached hereto and made part of this official record as Attachment A). Amie Gray Steve Diebenow Nancy Staats 6-8-26 Attachment A 2.A. Police Department Volunteer Recognition - James Johnson Page 1 of 16 Agenda Item #1.A. 22 Jun 2026 Page 7 of 218 Regular City Commission June 8, 2026 The volunteer recognition was deferred to a future meeting, as the honoree was not present. 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (June-August 2026) There was a CONSENSUS to accept the 90-Day Calendar. 3.B. Building Permit Fees Update CM Hogencamp reported on agenda items 3B - 3G as detailed in a handout (which is attached hereto and made part of this official record as Attachment B) and answered questions from the Commission. 6-8-26 Attachment B 3.C. Recreation Facility Rental Fee Update 3.D. State Legislative Update 3.E. Marsh Oaks Community Center Update 3.F. Tree Protection Code Update Mayor Ford requested additional information for the next meeting regarding tree diameter thresholds, including data on the diameter at breast height (DBH) of trees planted along the plaza and examples of thresholds used in other jurisdictions. He also requested information on potential measures applicable to trees located within setbacks, particularly side setbacks, to support tree preservation where feasible while maintaining reasonable development flexibility. Commissioner Bole requested that the City Arborist attend the next meeting when the item is considered and asked staff to prepare a map showing tree canopy coverage and tree removals within the public right-of-way. 3.G. Other Reports 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Mayor Ford  Reviewed CM Hogencamp's performance and recommended his appointment as permanent City Manager. Discussion ensued. MOTION: Make Mr. Hogencamp the permanent City Manager going forward. Motion: Bruce Bole Second: Thomas Grant Discussion ensued. Page 2 of 16 Agenda Item #1.A. 22 Jun 2026 Page 8 of 218 Regular City Commission June 8, 2026 CA Gabriel explained that the City Commission has the authority to appoint a permanent City Manager. He advised that a proposed employment agreement be presented for Commission consideration at a future meeting. CM Hogencamp accepted the appointment. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant (Seconded By) For Candace Kelly Against Jessica Ring For Motion passed 4 to 1. Commissioner Bole  Expressed appreciation to fellow commissioners for their efforts and commitment to the City's best interests. Commissioner Kelly  Provided comments regarding seaweed conditions.  Announced that June 12, 2026, is Women's Veterans Day.  Reported on matters related to the Singleton property and noted parking considerations associated with the potential private partnership at Marsh Oaks and Singleton property.  Offered brief comments regarding the flagpole agenda item. Commissioner Ring  Highlighted two notable outcomes from the Florida Legislature's special session held June 1–3, 2026. Commissioner Grant  Discussed issues concerning certain properties on Beach Avenue and public comments received on those matters. 4.A. City Manager Recruitment Update (Commissioner Bole) None. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 5.A. Plat Request Discussion CA Gabriel presented information regarding recent changes to Florida plat approval requirements. He explained that plat approval is now an administrative function and recommended that responsibility for reviewing and processing plat applications be delegated to the Neighborhoods Department Director. He outlined a two-step process: first, designation of the Neighborhoods Department Director as the authorized official to review and process plat applications; and second, Page 3 of 16 Agenda Item #1.A. 22 Jun 2026 Page 9 of 218 Regular City Commission June 8, 2026 referral of the pending plat application currently before the Commission to the Director for administrative processing. He also noted that a draft ordinance formalizing the change has been prepared and will proceed through the City's review process, including Community Development Board consideration. MOTION: Appoint the Neighborhoods Department Director to administratively administer the City Code in regards to plats and in accordance with state law. 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. 6. CONSENT AGENDA 6.A. Approve Resolution No. 26-73. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TASK A TO ISSUE CITY THE AUTHORIZING MANAGER AUTHORIZATION TO CRAWFORD, MURPHY & TILLY, INC. TO DESIGN THE SIDEWALK IMPROVEMENTS ON DUTTON ISLAND ROAD FOR THE DUTTON ISLAND MULTI-USE PATH PROJECT; AUTHORIZING THE CITY MANAGER ORDERS IN PURCHASE EXECUTE CONTRACTS TO AND ACCORDANCE THE TO NECESSARY EFFECTUATE AND WITH AS PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution (No.) 26-73. 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. Page 4 of 16 Agenda Item #1.A. 22 Jun 2026 Page 10 of 218 Regular City Commission June 8, 2026 7. COMMITTEE REPORTS 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 26-74 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2526-12 FOR WATER TREATMENT PLANT #3 CITY AUTHORIZING THE UPGRADE CHLORINATION PROJECT; 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. MOTION: Approve Resolution (No.) 26-74. 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.B. RESOLUTION NO. 26-75 A OF RESOLUTION OF THE CITY ATLANTIC BEACH, FLORIDA, APPROVING A FLAGPOLE LOCATED AT ONE OCEAN BOULEVARD IN EXCESS OF 35 FEET WITH A NOT TO EXCEED 50 FOOT HEIGHT, SUBJECT IN TERMS FORTH THIS SET TO ANDTHE CONDITIONS RESOLUTION. MOTION: Approve Resolution (No.) 26-75. 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 Page 5 of 16 Agenda Item #1.A. 22 Jun 2026 Page 11 of 218 Regular City Commission June 8, 2026 Motion passed 5 to 0. 8.C. RESOLUTION NO. 26-76 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING A UNIFORM POLICY FOR PARTICIPATION IN PUBLIC MEETINGS VIA COMMUNICATIONS MEDIA TECHNOLOGY (CMT); ESTABLISHING PHYSICAL QUORUM REQUIREMENTS AND COMMISSION; CITYTHE ADMINISTRATIVE PROCEDURES FOR MANDATING PHYSICAL PRESENCE FOR SUBORDINATE COMMITTEES AND BOARDS; PROVIDING FOR TECHNICAL, SECURITY, AND PUBLIC ACCESS PROTOCOLS; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution (No.) 26-76. 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. 9. ACTION ON ORDINANCES 10. MISCELLANEOUS BUSINESS 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS  Reminded commissioners that Form 1 Financial Disclosures are due by July 1.  Announced that an ethics training hosted by the City of Jacksonville is scheduled for June 22, 2026 at 9:00 a.m.  Announced that qualifying week is underway and will conclude on Friday. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole  Congratulated CM Hogencamp on his appointment. Page 6 of 16 Agenda Item #1.A. 22 Jun 2026 Page 12 of 218 Regular City Commission June 8, 2026 Commissioner Grant  Congratulated CM Hogencamp on his appointment. Commissioner Kelly  Reminded the public that school is out for the summer and encouraged motorists to be mindful of children riding bicycles. Commissioner Ring  Requested proactive communication with residents regarding the upcoming Mayport Road construction project.  Congratulated CM Hogencamp on his appointment. CM Hogencamp  Confirmed that public outreach regarding the Mayport Road project had begun and would continue through multiple communication channels.  in as appointment his confidence for theappreciation Expressed Commission's Permanent City Manager and stated his intent to develop a city manager recruitment policy. Mayor Ford  Congratulated CM Hogencamp on his appointment. 13. ADJOURNMENT The meeting adjourned at 7:36 PM. Attest: Date Approved:________________ Donna L. Bartle, City Clerk Curtis Ford, Mayor Page 7 of 16 Agenda Item #1.A. 22 Jun 2026 Page 13 of 218 Page 8 of 16 Agenda Item #1.A. 22 Jun 2026 Page 14 of 218 Attachment A to 6-8-26 Minutes Pa g e 9 o f 1 6 Ag e n d a I t e m # 1 . A . 22 J u n 2 0 2 6 Pa g e 1 5 o f 2 1 8 Attachment A to 6-8-26 Minutes Pa g e 1 0 o f 1 6 Ag e n d a I t e m # 1 . A . 22 J u n 2 0 2 6 Pa g e 1 6 o f 2 1 8 Attachment A to 6-8-26 Minutes Pa g e 1 1 o f 1 6 Ag e n d a I t e m # 1 . A . 22 J u n 2 0 2 6 Pa g e 1 7 o f 2 1 8 Page 12 of 16 Agenda Item #1.A. 22 Jun 2026 Page 18 of 218 CITY OF ATLANTIC BEACH OFFICE OF THE CITY MANAGER 800 Seminole Road Atlantic Beach, Florida 32233 (904) 247-5817 City Manager’s Community Update Date: June 8, 2026 To: The Atlantic Beach Community and City Commission From: Kevin Hogencamp, Interim City Manager/khogencamp@coab.us This report provides an update on primary administrative and community-focused initiatives under way at City Hall. Our office remains focused on maintaining momentum across key programming, infrastructure,environmental,and intergovernmental projects. City Manager’s Community Updates, including related links, are available on the City’s website and across official digital channels. 1. Building Permit Fees Update The June 8 Commission staff report submitted by Neighborhoods Director Amanda Askew details a comprehensive update to the City of Atlantic Beach’s building permit fee structure. The proposal updates and centralizes various building, electrical, plumbing, mechanical, and fire safety fees into a single chapter within the City Code. Because Building Division fees have not undergone a holistic adjustment since 2009, current revenue no longer offsets the rising administrative costs of processing applications, reviewing plans, and performing field inspections. The proposed changes establish an increased fee schedule to ensure the Building Division remains structurally self-sufficient. Additionally, this regulatory overhaul ensures compliance with recent statutory mandates, such as Florida House Bill 803's new residential permit exemptions and updated private provider fee reduction structures taking effect July 1, 2026. 2. Recreation Facility Rental Fee Update Staff is proposing an update to recreation facility rental fees to better align with current operational costs and regional standards. Notable adjustments include revised hourly and daily renting community centers,pavilions,and sports fields,alongsideforrates standardized security deposits. Additionally, the policy introduces clearer guidelines regarding cancellation fees, cleanup responsibilities, and staff scheduling requirements for after-hours events. Ultimately, these updated fees will generate the revenue necessary to support the ongoing maintenance and upkeep of local parks and public infrastructure. Attachment B to 6-8-26 Minutes Page 13 of 16 Agenda Item #1.A. 22 Jun 2026 Page 19 of 218 2 3. State Legislative Update The three Beaches cities are drafting joint public information messaging regarding the proposed property tax reduction measure. While its path to the November ballot seems secure, potential legal, procedural, and structural roadblocks could still challenge its phrasing, placement, or ultimate implementation. The City has published the recent joint Beaches City Managers' Beaches Watch presentation, as well as our administrative summary of other 2026 legislative impacts on municipal operations. Meanwhile, three critical Atlantic Beach priorities remain funded pending the governor’s signature: $650,000 for Sherman Creek dredging and bank stabilization; $212,500 for the Dora Drive stormwater pond to protect 92 structures from 25-year floods; and $200,000 to further our Marsh Oaks septic tank elimination efforts. 4. Marsh Oaks Community Center Update Construction of the Marsh Oaks Community Center building and parking lot is anticipated for completion by August 1, with a joint grand opening for both the facility and the community garden targeted for October. To ensure the garden's long-term success, the City envisions bringing local stakeholders to the planning table, including BEAM. In preparation for the garden layout, the City will remove an existing sycamore tree, clear three to four inches of topsoil, and provide both electrical service and an outside water valve. The landscaping contractor will then submit a detailed site plan for permitting, install irrigation lines and hose bibs, and explore programmable water service options with Public Utilities to automate the watering schedule. Residents will soon be invited to help define the programming and operational strategy for the new facility. 5. Tree Protection Code Update The City of Atlantic Beach is updating its Tree Protection Code through a two-phase approach oldits of preservation the prioritizetodesigned -forest, maritime growth specifically focusing on iconic live oaks. Under the proposed draft ordinance for Phase 1, all maritime trees meeting a specific diameter at breast height will automatically be designated as protected landmark trees. To disincentivize clear-cutting, the updated regulations will mandate double mitigation for the unauthorized removal of these protected specimens. Furthermore, property owners will be required to secure a certified arborist's “Statement of Infeasibility” to justify tree removals and must adhere to a new 30-day "time-out" review period. Pending legal review, the first reading of Phase 1 may be on the City Commission’s agenda as early as June 22. 6. Mayport Road Improvement Project The Florida Department of Transportation’s (FDOT) contractor is scheduled to begin work on June 15. The City has published the details on its communications platforms. Attachment B to 6-8-26 Minutes Page 14 of 16 Agenda Item #1.A. 22 Jun 2026 Page 20 of 218 3 • Accelerated Timeline: Excellent news — targetsFDOT’s current schedule completion in fall 2027, a significant improvement over the initial late-2028 estimate. • Traffic Flow and Lane Closures: Traffic will be maintained according to FDOT design standards. To minimize local impact, no lane closures will be permitted during peak hours (6 a.m. to 8 p.m.). • Work Schedule: Construction will primarily occur overnight,Sunday through Thursday, with select daytime activities scheduled Monday through Friday. 7. Regional Water Crisis: Far From Over While Jacksonville recently lifted its temporary outdoor burn ban in Duval County following a few passing showers, the underlying drought crisis is far from resolved. A burn ban is merely a surficial symptom of long-term, below-average rainfall. In reality, it will take more than 30 inches of sustained rain over the next three months just to alleviate our current deficit. We are asking the community to share the City’s Drought News & Messaging. 8. Operational Update: BS&A Cloud-Based ERP System Implementation The City officially "went live" with its new cloud-based Enterprise Resource Planning (ERP) system in February 2026, completely replacing a legacy 1980s platform. Following an initial learning curve, employees have adapted exceptionally well to the Human Resources module, utilizing digital timesheets and self-service features to streamline payroll. On the public-facing side, the new payment portal has driven a measurable surge in residents signing up for automatic bank drafts and emailed bills. Simultaneously, customers now enjoy unprecedented transparency by logging in to monitor real-time plan reviews and inspection statuses. Thanks to stricter software submission protocols, the City is receiving more complete permit packages up front, which is expected to lower overall resubmission rates. Building reviews are moving more efficiently at four to five business days, and transitioning pensioners to electronic monthly stubs is already saving over $2,200 annually in printing and postage. Moving forward, staff looks to continuously optimize functionality and resolve remaining inefficiencies through ongoing training, user support, and unified financial reporting. 9. Beach Seaweed (Sargassum) The City is receiving resident inquiries regarding the unusually heavy accumulation and natural, strong odor of seaweed (Sargassum) along the shoreline. While the volume is higher than in previous years, the City is maintaining its policy of letting natural tidal cycles manage the coast rather than deploying heavy mechanical equipment. This decision prioritizes the protection of nesting sea turtles and hatchlings from May 1 through October 31, while also preserving the vital role Sargassum plays in preventing beach erosion and nourishing our dune systems. Furthermore, strict state regulations under the Florida Beach & Shore Preservation Act dictate that letting nature take its course is the best management practice Attachment B to 6-8-26 Minutes Page 15 of 16 Agenda Item #1.A. 22 Jun 2026 Page 21 of 218 4 for a community of our scale to avoid disrupting protected habitats. The City has published details on this matter on its communications platforms. 10. Hurricane Preparedness Guide Following the June 1 kickoff of hurricane season, we encourage the community to utilize and share the City of Jacksonville’s (COJ) newly published Hurricane Preparedness and Response Guide. 11. Jack Russell Park Playground Upgrade Albeit much slower than anticipated, staff is making progress compiling improvement concepts for the northernmost section of the park. 12. Community Bright Spots! The new “Community Bright Spots!” social media campaign, choreographed by Steve Piscitelli, has hit the ground running. The weekly initiative has already drawn great engagement by featuring our crossing guards, shoreline, historic markers, playgrounds, Atlantic Beach Elementary School, Adele Grage Cultural Center, Howell Park, multi-use paths, community murals, and more. CITY OF ATLANTIC BEACH Mission The place to be -- through exceptional public services. 2040 Vision In Atlantic Beach, we have a strong sense of belonging and safety. Our citizens and government care deeply about community character, and we understand that unified support is required to preserve it. We are graced with the functional beauty of our beach, our marsh, and our tree canopy. Our shady streets and multi-use paths connect our welcoming neighborhoods and vibrant local businesses. Our city supports our diverse, multigenerational, socially linked community with green spaces, active lifestyles, parks, and programming. City Commission Priorities In 2018, the Atlantic Beach City Commission began undertaking an annual exercise that establishes priorities for city government. This endeavor is facilitated by Atlantic Beach resident Linda Lanier, who volunteers her services. Attachment B to 6-8-26 Minutes Page 16 of 16 Agenda Item #1.A. 22 Jun 2026 Page 22 of 218 TODAY’S DATE:June 8,2026 AGENDA ITEM:90-Day Calendar for the City Commission CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT RECOMMENDATION:Accept the 90-Day Calendar for June 2026-August 2026 by consensus. ATTACHMENT(S):City Commission 90-Day Calendar (June 2026-August 2026) MEETING DATE:June 22,2026 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 2026 City Commission budget workshop meetings have been scheduled for: 0 Monday,June 29 at 6pm 0 Monday,July 20 at 6pm 0 Wednesday,August 19 at 6pm Please note that the 2026 town hall meetings have been scheduled for: 0 Saturday,July 18 at Gail Baker Community Center at 10am 0 Saturday,October 17 in the Commission Chamber at 10am BUDGET:None REVIEWED BY CITY MANAGER: SUBMITTED BY:Adrianna Walsh,Executive Assistant to the City Manager Agenda Item #3.A. 22 Jun 2026 Page 23 of 218 33 0 8 5 95 3 co t s n c Em : 20 2 0 3 2: 5 mm 35 :3 : Sa w 28 5 ES 25 : 1 x5 2: 2 SE E @3 0 3 5 “E m — w — :2 3 t h Em : £2 2 5 2; » 63 0 22 2 3 En o no t m o o o m “m a ? a 8% :5 o .B E O QE m F a B B w 5: 0 8 : 9 3 a n Em c Em o m Eu E m o E > o D bE s E E o U >x,.Q~:;:.<mhx?pSEw/«QmmmdZ.C‘Qmmz/Hi‘ry/Kw/«Qmmzi. “A w / « Q 74 . 0 ? “# 4 0 7 5 m Ew ? c 23 $ Em o Em ? on m s o o < 02 a :5 3 : ea Ea 2 “E v a : mb g m 33 m :8 3 » : En NE E 3 “S E E gu n m a n 01 m m =3 m 3 c Ea N- E m 2 8x 3 5 wh o g m Sa m 2& 5 : v a Eu 0 95 2 5 0 EQ E w c o m 25 €2 5 : Em N- E m 3 83 8 2 Ev a n ; Eu 0 En c €5 m 6 0 > ¢ d .8 5 0 mE m E m B B m 03 3 8 5 0 0 23 3 0 En co b Ra g g e g m m “: o ? a o u o o m «m t / w :o m m m E H E o O b5 Ea co m e he £5 1 0 3 Em u — A m :o E ? 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A . 22 J u n 2 0 2 6 Pa g e 2 6 o f 2 1 8 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT REVIEWED BY CITY MANAGER: AGENDA ITEM:Resolution No.26-77 to Approve Change Order #1 for the 2425- 06 Ahern Street Roadway Improvements Project SUBMITTED BY:Matt Krug,Deputy Public Works Director Steve Swann,City Engineer TODAY’S DATE:June 5,2026 MEETING DATE:June 22,2026 BACKGROUND:Bid 2425—06 Ahern Street Roadway Improvements Project was awarded by City Commission on October 27,2025,to Florida Infrastructure,Inc.After the contractor was mobilized,it was determined that a change order was necessary to accommodate private parking stalls at 62 Ocean Boulevard.Currently,those parking stalls are on private property as well as City right-of—way.The parking stalls are being moved to allow safe parking that will not impact the multi-use path being built within the City right-of—way. BUDGET:The project had a starting budget of $800,000.00,and the winning bid came in at $552,383.15.This left a remaining balance of $247,616.85 that can fund the $47,520.00 needed for this change order. RECOMMENDATION:Adopt Resolution No.26-77. ATTACHMENTS:Resolution No.26-77 Change Order #1 Proposal from Florida Infrastructure,Inc. Agenda Item #6.A. 22 Jun 2026 Page 27 of 218 RESOLUTION NO.26-77 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,TO APPROVE CHANGE ORDER #1 FOR THE 2425-06 AHERN STREET ROADWAY IMPROVEMENTS PROJECT;AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE WHEREAS,Bid 2425—06Ahem Street Roadway Improvements Project was awarded by City Commission on October 27,2025,to Florida Infrastructure,Inc.After the contractor was mobilized,it was determined that a change order was necessary to accommodate private parking stalls at 62 Ocean Boulevard.Currently,those parking stalls are on private property as well as City right-of—way.The parking stalls are being moved to allow safe parking that will not impact the multi-use path being built within the City right-of-way;and WHEREAS,the project had a starting budget of $800,000.00,and the winning bid came in at $552,383.15.This left a remaining balance of $247,616.85 that can fund the $47,520.00 needed for this change order. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves Change Order #1 to the 2425-06 Ahern Street Roadway Improvements Project; SECTION 2.The City Commission hereby authorizes the City Manager to execute the contract with Florida Infrastructure,Inc.and approve a Purchase Order to said vendor in the amount of $47,520.00; SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 22ndday of June,2026. Attest: Curtis Ford,Mayor Donna L.Battle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Agenda Item #6.A. 22 Jun 2026 Page 28 of 218 ?o w :3 0 . . . oo d m m c s . m 3. 5 m 09 6 3 . ? a: $3 . 3 bu b — t w o nEO E Em a — 5 : 3 “ 8. 8 a . ” 8. 8 q u .Q J m m m ? w i . “ 8. 8 . . . . 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A . 22 J u n 2 0 2 6 Pa g e 2 9 o f 2 1 8 Page 30 of 218 /E<Q/SMREVIEWEDBYCITYMANAGER: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.26-78 authorizing the City Manager to issue a task authorization to Crawford,Murphy &Tilly,Inc.to design the sidewalk and pedestrian improvements for the Sail?sh Drive Multi- Use Path Project SUBMITTED BY:Steve Swann,P.E.,City Engineer TODAY’S DATE:June 5,2026 MEETING DATE:June 22,2026 BACKGROUND:The Sail?sh Drive Multi—Use Path,identi?ed in the 2021 Connectivity Plan,features the construction of a 2,900—foot-long,8—foot-wideconcrete multi-use pathway along Sail?sh Drive.This critical infrastructure project will seamlessly connect Atlantic Boulevard to an existing multi—usetrail on Plaza.The completed trail will serve residents and visitors of Atlantic Beach by vastly improving safety,neighborhood connectivity,and walkability from local residential areas and parks to the commercial,restaurant and retail corridor on Atlantic Boulevard. The City has a Professional Engineering Services Agreement with Crawford,Murphy &Tilly,Inc. (CMT),and City Staff have worked with CMT to create a proposal for the design.The tasks include performing initial and ?nal design of sidewalk improvements on Sail?sh Drive between Plaza Road and Atlantic Boulevard as well as replacing the AC water main between Cavalla Road and Atlantic Boulevard,as described in the Proposal dated May 29,2026. BUDGET:There is $330,000.00 budgeted for FY2026 in account 300-5002- 541-6300 under project number PW2605 “Sail?sh Drive Multi-Use Pa .” RECOMMENDATION:Adopt Resolution No.26-78. ATTACHMENT:Resolution No.26-78 Proposal from Crawford,Murphy &Tilly,Inc.dated May 29,2026 Agenda Item #6.B. 22 Jun 2026 Page 31 of 218 Donna L.Bartle,City Clerk Approved as to form and correctness: RESOLUTION NO.26-78 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A TASK AUTHORIZATION TO CRAWFORD,MURPHY &TILLY,INC.TO DESIGN THE SIDEWALK IMPROVEMENTS FOR THE SAILFISH DRIVE MULTI-USE PATH PROJECT; 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. WHEREAS,the Sail?sh Drive Multi-Use Path,identi?ed in the 2021 Connectivity Plan, features the construction of a 2,900-foot-long,8—foot-wideconcrete multiuse pathway along Sail?sh Drive.This critical infrastructure project will seamlessly connect Atlantic Boulevard to an existing multiuse trail on Plaza.The completed trail will serve residents and visitors of Atlantic Beach by vastly improving safety,neighborhood connectivity,and walkability from local residential areas and parks to the commercial,restaurant and retail corridor on Atlantic Boulevard;and WHEREAS,The City has a Professional Engineering Services Agreement with Crawford, Murphy &Tilly,Inc.(CMT),and City Staff have worked with CMT to create a proposal for the design. The tasks include performing initial and ?nal design of sidewalk improvements on Sail?sh Drive between Plaza Road and Atlantic Boulevard as well as replacing the AC water main between Cavalla Road and Atlantic Boulevard,as described in the Proposal dated May 29,2026.;and WHEREAS,there is $330,000.00 budgeted for FY2026 in account 300-5002-541-6300 under project number PW2605 “Sail?sh Drive Multi-Use Path.” NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes the City Manager to execute a Task Authorization with Crawford,Murphy &Tilly,Inc in the amount of $92,000.00 to design the sidewalk and pedestrian improvements for the Sail?sh Drive Multi-Use Path Project as described in Proposal dated May 29,2026,and; SECTION 2.The City Commission hereby authorizes the City Manager to approve a Purchase Order to Crawford,Murphy &Tilly,Inc.in the amount of $92,000.00 for said Task Authorization. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 22ndday of June,2026. Curtis Ford,Mayor Jason Gabriel,City Attorney Attest: Agenda Item #6.B. 22 Jun 2026 Page 32 of 218 I I I'.II II I I I I . I I 'n I I I III I I. II 'H I _l I. I n : :I. u I I .1 II I I I E I [I- I II _I I ll‘l I :u I I.-I.I I _ (“l‘I -I i II II u l l‘?.,I I I -‘'II 'I v I ..;I .I v.I |I I n I__I I I I :-II ‘. I . I III : 'II II :I |'II‘. 'III 'II II I-I‘ -I II II I I — _r I . I -I I I ..I II I -=I _-II '.;I .I I . I‘I I I I.I t = z I 'l I I I I \I'.‘I I:I 'II .-I. '~=I ll .I, [4 I Crawford,Murphy and Tilly (CMT) Sail?sh Drive Sidewalk and Watermain Improvements RFQ 25-01 Professional Engineering Services WORK ORDER 4 between City of Atlantic Beach and A.GENERAL The Owner and Engineer have entered into a Continuing Contract (“Agreement”)which provides that,from time to time,the “Owner may request that Engineer provide professional services for Speci?c Projects,"and “each engagement will be documented by a Work Order.”This document is a Work Order.The Agreement sets forth the general terms and conditions which shall apply to this Work Order. B.DESCRIPTION OF ASSIGNMENT This Work Order is for Professional Engineering Services in connection with the City's efforts to construct an 8—ftwide sidewalk on Sail?sh Drive.The project will include approximately 2,900 linear feet of sidewalk and pedestrian improvements within the existing right of way from Plaza Road to Atlantic Boulevard.The project also includes replacing approximately 600 linear feet of an existing 6”AC water mean between Cavalla Road and Atlantic Boulevard. C.PROJECT OVERVIEW The intent of the proposed project is to perform initial and ?nal design of sidewalk improvements on Sail?sh Drive between Plaza Road and Atlantic Boulevard as well as replacing the AC water main between Cavalla Road and Atlantic Boulevard,based on an approved conceptual plan by the City of Atlantic Beach (COAB).Project items include sidewalk,pedestrian improvements, minor driveway,6”—8”PVC pipe,and drainage improvements. Sidewalk improvements will include 8-ft wide concrete path,pedestrian improvements,and signing and pavement marking.Minor driveway improvements will include adjusting driveways and tie-in slopes for the sidewalk.Water main replacement will include abandon in place existing AC water main and installing 6”-8”PVC water main parallel to existing line.Minor drainage improvements will include adding/adjusting drainage inlets and tie-in to existing grades and swale and rain garden improvements.Right-of—wayacquisition and environmental impacts (wetlands)are not anticipated with this project.Utility coordination will be completed as necessary,and required agency permit applications will be submitted.Safety and clear zone improvements will be included as necessary.Existing lighting/utility poles and tress will be evaluated to remain to the extent possible but may be removed/relocated as necessary. Agenda Item #6.B. 22 Jun 2026 Page 33 of 218 D.SCOPE OF SERVICES I.Sco e of Services: A.Concept/30%Submittal/Survey We will initiate the survey work soon after the Notice to Proceed (NTP).Upon receipt of the survey data,we will do an internal review and evaluate the current sidewalk route of Sail?sh Drive to design the most ef?cient route avoiding utility/tree con?icts to the extent possible.We will prepare and deliver an 11"x 17"PDF version of the concept plan of the sidewalk improvements for review by COAB.This includes one (1)in-person meeting and one (1)virtual meeting with COAB staff. Once the concept has been approved by COAB,we will prepare and deliver an 11x17 pdf version of the 30%design plans of the sidewalk improvements including typical section and sidewalk layout plan to the COAB for review.The COAB comments shall be incorporated into the 60%plans. Surve CMT will provide surveying services for this project and will include enough detail to complete the design and permitting services described herein and shall at a minimum include Sailfish Drive from Plaza Road to the Atlantic Boulevard.Survey does not include utility veri?cation holes to locate existing AC water main.Final survey shall be provided in an electronic copy in AutoCAD Civil 3D (V2018,DTM included)along with a signed and sealed Surveyor’s Report. B.60%Submittal We will prepare and deliver an 11”x 17”and PDF version of 60%plans,preliminary specifications,and a preliminary construction cost estimate to the COAB for review.This includes one (1)virtual meeting with COAB staff.The COAB comments shall be incorporated into the Final plans. Plans will include detail suf?cient to clearly demonstrate the design intent,satisfy permit requirements,obtain Agency approvals,and shall include at a minimum:.Horizontal planimetric view of sidewalk at no greater than 1"=40'on scalable 11”x 17” plan sheets; 0 Project Layout 0 Grading and driveway improvements;.Swale and rain garden improvements; 0 Pavement marking and signage;.Horizontal and vertical planimetric view of water main at no greater than 1”=40’on scalable 11"x 17”plan sheets; 0 Typical Details for driveways;.Typical Details for drainage structures; o Typical Details for utilities; 0 Cross sections every 100’along the sidewalk,and as required to show details in areas of special interest;.Temporary Traf?c Control (MOT) Agenda Item #6.B. 22 Jun 2026 Page 34 of 218 C.Final Plans/Permitting CMT will prepare and deliver an 11"x 17”and PDF version of 100%Construction plans, specifications and engineer’s estimate of probable cost to the COAB.We will prepare and submit permit exemption request to the SJRWMD.We anticipate no surface water and/or wetland impacts. II.Project Deliverables A.CMT will provide one digital signed and sealed 11”x 17”copy of the Final plans and technical speci?cations.We will provide electronic ?les of the Final Plans and speci?cations to the COAB including PDF,AutoCAD,MS Word,MS Excel,and any other electronic format used in the design effort and construction document preparation. lII.Compensation Amount Compensation will be Total NOT TO EXCEED amount of 92 000.00.Payments will be made based on the verifiable percent completion of each task listed below Task A —Concept/Survey $27,200.00 Task B —30%Submittal/Geotechnical $19,500.00 Task B —60%Submittal $26,100.00 Task C —Final Plans/Permittin 19 300.00 Total NOT TO EXCEED Compensation for all Tasks $92,000.00 IV.Project Schedule Preliminary Project Schedule will be submitted prior to the kick-off meeting. V.Services Not Included The following services are not included in this contract.However,they can be provided as authorized,if determined necessary during the design.Compensation will be based on our Hourly Rates or a negotiated fee..Rezoning,comprehensive plan amendment,variances,special exceptions,etc. o Arborist Services.Permitting/Relocation of Protected Species,if required. 0 Construction Inspection Services.Site lighting or structural design services.Landscape Architectural Design Services.NPDES Permitting,Reporting and Inspection Services.Wetland Mitigation Impacts/Fees Agenda Item #6.B. 22 Jun 2026 Page 35 of 218 VII.Attached as Appendices A)Man-Hour Sheet VIII.The provisions of this Work Authorization No.WA-are subject to all terms and conditions of the above-referenced Contract. OWNER: City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach,FL 32233 Name:Steve Swann Title:City Engineer Date Signed: ENGINEER: Crawford,Murphy &Tilly,Inc 7400 Baymeadows Way Jacksonville,FL.32256 By: Name:Paul E.Ina Title:Group Manager,ST FL Date Signed: IN WITNESSWHEREOF,the parties hereto have executed Work Order to be effective as of the date first above written. Agenda Item #6.B. 22 Jun 2026 Page 36 of 218 EEEEEcan—dun:,.vim” on N ‘ me ? oo m ma co o v; .» 5. — 2. 1 on ” 3 wN O N B N B 02 mm 8m g ; 00 — vé co m m9 co m v5 00 0 3% co m 9% om o ow w co w 9% co m N 03 . ? N3 . mO h O / E .r Z M S F W D w D / x ._ . O b. EE E m M n . m_ . _ . < w _ m= > _ _ . _ . m m _ > 0 m0 < m m > < ._ . o + m< m > . _ h . 5 _ > _ m> 0 m < DM D D J U E mm : ._ . 0 L0 {a hm m ._ < . H . O . _ . oo o o . P $2 : 5. x . 95 33 % 3: . . . £2 5 8 :8 8 $5 . 2 .0 Eu Nmmm VN Nr om ? t m vo w ZO _ . _ . < 0 _ . _ . w m _ > z _ 4< O _ Z I o m _ . _ . O m O zO _ . _ . < D . _ < > m >. _ . _ . = . _ . 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B . 22 J u n 2 0 2 6 Pa g e 3 7 o f 2 1 8 Page 38 of 218 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.26-79 Public Works Equipment Building Project SUBMITTED BY:Matt Krug,Deputy Director,Public Works TODAY’S DATE:June 5,2026 MEETING DATE:June 22,2026 BACKGROUND:The Public Works Equipment Building Project has been identi?ed as a priority project on the FY2025-2026 Capital Projects Plan.The building will replace the current 6—baybarn with a metal 6-bay building.The company who performed the Public Works Building Remodel Project, Atlantic Coast Construction,has a current contract with St.Johns County that the City can piggyback on to complete this project.Atlantic Coast Construction provided a proposal for the work,totaling $297,000.00, which includes the demolition of the current building being done by City staff. BUDGET:The FY2025-2026 budget contains $300,000.00 budgeted in Account 001- 5001-541-6200 under Project PW2609 for the Public Works Equipment Building Project. RECOMMENDATION:Adopt Resolution No.26-79. ATTACHMENTS:1.Resolution No.26—79 2.Proposal from Atlantic Coast Sales &Service,Inc.dba Atlantic Coast Construction Group dated May 22,2026 3.St.Johns County Master Construction Agreement No.25-MCA-ATL- 21904 REVIEWED BY CITY MANAGER:9.. Agenda Item #8.A. 22 Jun 2026 Page 39 of 218 Curtis Ford,Mayor RESOLUTION N 0.26-79 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AWARDING THE PUBLIC WORKS EQUIPMENTBUILDING PROJECT TO ATLANTIC COAST CONSTRUCTION;AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,The Public Works Equipment Building Project has been identi?ed as a priority project on the FY2025—2026Capital Projects Plan.The building will replace the current 6—baybarn with a metal 6-bay building;and WHEREAS,the company who performed the Public Works Building Remodel Project, Atlantic Coast Construction,has a current contract with St.Johns County that the City can piggyback on to complete this project;and WHEREAS,Atlantic Coast Construction provided a proposal for the work,totaling $297,000.00,which includes the demolition of the current building being done by City staff;and WHEREAS,the FY2025—2026budget contains $300,000.00 budgeted in Account 001 -5001- 541-6200 under Project PW2609 for the Public Works Equipment Building Project. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission awards the Public Works Equipment Building Project to Atlantic Coast Sales &Service,Inc.dba Atlantic Coast Construction Group; SECTION 2.The City Commission hereby authorizes the City Manager to execute the piggyback contract with Atlantic Coast Sales &Service,Inc.dba Atlantic Coast Construction Group and approve a Purchase Order to said vendor in the amount of $297,000.00; SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 2211dday of June,2026. Donna L.Battle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Attest: Agenda Item #8.A. 22 Jun 2026 Page 40 of 218 “N 5 MASTER CONSTRUCTIONAGREEMENT .BETWEEN ST.JOHNS COUNTY AND CONTRACTOR 47 Master Construction Agreement No:25-MCA—ATL—21904 Table of Contents ARTICLE I CONTRACT DOCUMENTS ........................................... ........................................... ..................... 4 1.1 The Contract Documents ............................................... ............................................... ......................................... 4 1.2 De?nitions ................................................ ................................................ ................................................ .............. 5 1.3 Ownershipof Contract Documents .............................................. .............................................. ............................ 7 ARTICLE II THE WORK ................................................. ................................................. .................................. 7 2.1 Project Description ............................................ ............................................ ............................................ ............. 7 2.2 Labor and Materials .............................................. .............................................. .............................................. ..... 7 2.3 Project Sequencing/Arrangement .............7 2.4 Payment of Costs ............................................. ............................................. ............................................. ............ 7 2.5 Cleaning the Jobsite .............................................. .............................................. .............................................. ..... 7 2.6 Reporting Requirements .......................................... .......................................... .......................................... .......... 8 2.7 Title and Risk of Loss .............................................. .............................................. .............................................. .. 8 2.8 Access to Work ............................................. ............................................. ............................................. ............... 8 2.9 Utilities................................................. ................................................. ................................................. ................ 8 2.10 Existing Utility Lines ........................8 2.11 Taxes ............................................... ............................................... ............................................... ......................... 8 2.12 Publicity and Advertising ......................................... ......................................... ......................................... ............ 9 ARTICLE III CONTRACT TIME ....................................... ....................................... ....................................... .. 9 3 .1 Contract Time ......................................... ......................................... ......................................... ............................. 9 3.2 Time is of the Essence ............................................. ............................................. ............................................. .... 9 3 .3 Substantial Completion ........................................ ........................................ ........................................ .................. 9 3.4 Final Inspection ........................................... ........................................... ........................................... ................... 10 3 .5 Liquidated Damages ........................................... ........................................... ........................................... ........... 10 3 .6 Disclaimer of Consequential Damages ...................................... ...................................... .................................... 11 ARTICLE IV CONTRACT PRICE AND PAYMENT ........................................ ........................................ ...... l l 4.1 Contract Price ........................................... ........................................... ........................................... 1 l 4.2 Schedule of Values ............................................ ............................................ ............................................ 11 4.3 Measurement and Payment ........................................... ........................................... ........................................... 11 4.4 Progress Payments ......................................... ......................................... 12 4.5 Application for Payment ............................................ ............................................ 12 4.6 Withheld Payment ............................................l3 SJC MCA2022,REV 6 (05.02.2024)Page 1 of34 1 Agenda Item #8.A. 22 Jun 2026 Page 41 of 218 m l IIII II, I .. I.. -.III M ‘l I II .. “HI .I: :1 I I I .I-, I:- -) 4.7 Final Payment ................................................ ................................................ ................................................ ...... 14 ARTICLE V CONTRACTOR RESPONSIBILITIES...................................... ...................................... ........... 14 5.1 Performance ................................................. ................................................. ................................................. ...... 14 5.2 Authorized Representative.......................................... .......................................... .......................................... ..... 15 5.3 Environmental,Safety and Health ....................................................... ‘ ............................... ............................... .. l 5 ARTICLE VI PROJECT MANAGER ......................................... ......................................... ............................. 16 6.1 Project Manager Responsibilities....................................... ....................................... ....................................... .... 16 6.2 Field Orders .............................................. .............................................. .............................................. ............... 17 ARTICLEVII SUBCONTRACTORS ............ ..... 17 7.1 Award of Subcontracts ............................................ ............................................ ............................................ ..... 17 ARTICLE VIII CONTRACT DISPUTES/CLAIMS....................................... ....................................... ........... 1 78.1 Contract Claims ............................................... ............................................... ............................................... ....... 17 ARTICLE IX CHANGES IN THE WORK ....................................... ....................................... .................... 18 9.1 General ................................................ ................................................ ................................................ ................. 18 9.2 Changes in the Contract Time ............................................ ............................................ ...................................... 18 9.3 Changes in the Contract Price ......................................... ......................................... ......................................... ... 19 9.4 Acceptance ofChange Orders .............................. .............................. ........ 20 9.5 Notice to Sureties ......................................... ......................................... ......................................... ...................... 20 9.6 Differing Site Conditions ........................................ ........................................ ........................................ ............. 20 ARTICLE X UNCOVERING WORK,STOPPING WORK,............................ ............................ .................... 21 AND ACCEPTING DEFECTIVE OR NONCONFORMINGWORK .......................... .......................... ........... 21 10.1 Uncovering Work ...................................... ...................................... ...................................... ............................... 21 10.2 Right to Stop Work ........................................ ........................................ ........................................ ...................... 21 10.3 County May Accept Defective or Nonconforming Work ................................. ................................. .................. 21 ARTICLE XI CONTRACT SUSPENSION AND TERMINATION .......................... .......................... ............. 21 1 1.1 Suspension ......................................... ......................................... ......................................... ................................ 21 1 1.2 Termination ........................................ ........................................ ........................................ .................................. 22 ARTICLE XII WARRANTY AND INDEMNITY.................................. .................................. ........................ 23 12.1 Warranty ......................................... ......................................... ......................................... ................................... 23 12.2 Indemnity ......................................... ......................................... ......................................... .................................. 23 ARTICLE XIII INSURANCE AND BONDS ................................ ................................ ................................ .... 24 13.1 Contractor’s Insurance Requirements ..................................... ..................................... ..................................... ... 24 13.2 Additional Insured Endorsements and Certi?cate Holder ................................ ................................ ................... 24 13.3 Workers Compensation......................................... ......................................... ......................................... ............. 25 13 .4 Commercial General Liability ...................................... ...................................... ...................................... 25 13.5 Commercial AutomobileLiability .................................... .................................... .................................... 25 13.6 Additional Coverages ....................................... ....................................... 25 13.7 Other Requirements ....................................... ....................................... 26 13.8 Payment and Performance Blonds.................................... .................................... 26 ARTICLE XIV MISCELLANEOUS ....................................26 SJC (MCA-TO)2022,REV6 (05.02.2024)Page 2 01'34 Agenda Item #8.A. 22 Jun 2026 Page 42 of 218 14.1 Independent Contractor........................................................ ........................................................ ........................ 26 14.2 Examination of Contractor’s Records................................................ ................................................ .................. 27 14.3 Backcharges......................................................... ......................................................... ....................................... 27 14.4 AppllcableLaws ............................. ............................. 27 14.5 Governing Law &Venue ....................................................... ....................................................... ....................... 27 14.6 Assignment ..................................................... ..................................................... ................................................ 27 14.7 Severability .......................................................... .......................................................... ...................................... 27 14.8 Section Headings................................................... ................................................... ............................................ 27 14.9 Disclaimer of Third-Party Bene?ciaries .............................................. ............................................. _................ ... 27 14.10 Waiver;Course of Dealing ................................................. ................................................. ................................ 28 14.11 No Waiver of Sovereign Immunity............................................. ............................................. ............................ 28 14.12 Execution in Counterparts .................................................. .................................................. ................................ 28 14.13 Entire Contract .................................................... .................................................... ............................................. 28 14.14 Survival ....................................................... ....................................................... .................................................. 28 14.15 Employment Eligibility and Mandatory Use of E-Verify ........................................ ........................................ .... 28 14.16 Equal Employment Opportunity ........................................... ........................................... .................................... 29 14.17 Public Records .................................................... .................................................... ............................................. 30 14.18 Anti-Bribery................................................. ................................................. ................................................. 30 14.19 Convicted and Discriminatory Vendor Lists,and Scrutinized Companies ............................... .......................... 30 14.20 Compliance with Florida Statute 287.138......................................... ......................................... 31 14.21 Written Notice.............................................31 CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS ................................33 CONTRACTOR’S FINAL RELEASE AND WAIVER OF LIEN ..................................34 SJC (MCA-TO)2022,REV6 (05.02.2024)Page 3 of 34 Agenda Item #8.A. 22 Jun 2026 Page 43 of 218 This Master Construction Agreement (“Contract”)is made this iblday of ,2025 (the “Effective Date”)by and between ST.JOHNS COUNTY (“County”),a political sub 1visionof the State of Florida, whose principal of?ces are located at 500 San Sebastian View,St.Augustine,FL 32084,and ATLANTIC COAST SALES &SERVICE,INC.D.B.A.ATLANTIC COAST CONSTRUCTIONGROUP (“Contractor”),a company authorizedto do business in the State of Florida,with its principal offices located at:5909 St.Augustine Road,Suite 2,Jacksonville,FL 32207,Phone:(904)396-4005,and E-mail:estimates@atlcoast.org,for IFB N0:2449;NW WTP OPERATOR’S BUILDING hereinafter referred to as the “Project”.When referenced together,the County and Contractor shall collectively be referred to as the Parties. In consideration of the mutual promises and covenants containedherein,the Partieshereby agree as follows: ARTICLE I CONTRACT DOCUMENTS 1.1 The Contract Documents 1.1.1 The Contract Documents are the collective documentswhich form the Contract,and shall govern completion of the Work.The Contract Documents hereby include the following: a)Fully Executed Change Orders and Amendmentsto this Agreement; b)Field Orders signed by County’s Project Manager; 0)Notice to Proceed; d)This Master ConstructionAgreement and all Exhibits and/or Attachmentshereto: i.Exhibit A 4 Construction Plans (REVISED September 5,2025)(Per IFB Addenda 1 and 2) ii.Exhibit B —Technical Speci?cations (REVISED September 5,2025)(Per IFB Addendum 3) iii.Exhibit C -'St.Johns County Development Review Commercial Clearance Sheet:C2024-007402 (January 3,2025).iv.Exhibit D —St.Johns County Operations Division Paving &Drainage Construction Permit No. COMM 24—92(December 31,2024) v.Exhibit E —St.Johns River Water Management District (SJRWMD)Permit No.21489-83 (March 25,2025) e)Bonds and Insurance furnished by the Contractor in accordancewith Article XIII herein; t)IFB Documents and Bid Forms with all addendathereto fer IFB No.2449 1.1.2 Documents not enumerated above are not Contract Documents and do not form part of this Contract.No terms, conditions,limitations or exclusionsin Contractor’s submittedBid or invoices shall be binding upon County or become part of the Contract Documents.In the event of discrepancies,the Contract Documents shall be interpreted in the order of precedence as listed above in Section 1.1.1.Additionally,Speci?cations shall govern over Drawings,electronicdocuments shall govern over hard-copy documents,numericaldimensionsshall govern over dimensionsacquired by sealing,and fully executed documents shall govern over unsigned drafts. 1.1.3 Shop Drawings,Product Data,Samples and similar submittals(hereafter “Submittals”)arenot Contract Documents. The County will review and take action upon Contractor's submitted Submittalsbut only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of Submittals is not conducted for the purpose of determining the accuracy and completeness of other details,such as dimensions and quantities,norfor substantiating instructions for installationor performance of equipment or systems,all of which remain the responsibilityof Contractor. 1.1.4 All Submittals (whether in hard or soft copypprepared by or on behalf of Contractor in the course of the Work shall be the exclusive property of the County.Ownership of any proprietary information or intellectual property contained in such Submittals shall remain with Contractor.Contractor grants the County a perpetual,royalty—free,license to use,copy and allow third parties to use such Submittals and all proprietary information containedin them as may be requiredfor the County’s internal business purposes including without limitation tendering,installing,operating,repairing,maintaining, modifying,reconstructing,replacing and/or upgrading the Work.Such license shall be capable of transfer and/or sub- licencing in whole or part without notice to or ?irther consent of Contractor.Contractor shall not be held liable,for reuse of Contractor’s Submittalsby the County for purposes other than originally intended as stated in the Contract Documents. SJC (MCA-TO)2022.REV6 (05.02.2024)Page 4 of34 Agenda Item #8.A. 22 Jun 2026 Page 44 of 218 1.1.5 Contractor is solely responsible for requesting instructions,interpretations,or clari?cations to the Contract Documents and is solely liable for any costs and/or expenses arising from its failure to do so.Contractor shall have a continuing duty to read,carefully study and compare each of the Contract Documents,the Submittals and shall give immediate written notice to the Project Manager and the County of any inconsistency,ambiguity,error or omission whic hContractormaydiscoverwithrespecttothesedocumentsbeforeproceedingwiththeaffectedWork.The issuance,or the express or impliedapproval by the County or the Project Manager of the Contract Documents or Submittals shall not relieve any such approval by evidence of Contractor’s compliance with the Contract.The County has requested the Project Manager to provide to Contractor documents for the Project,including the Drawings and Speci?cations for the Project, which are accurate,adequate,consistent,coordinated,and suf?cient for construction.HOWEVER,THE COUNTY MAKES"NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTO RCONCERNINGSUCHDOCUMENTS.By the execution hereof,Contractor acknowledges and represents that it has received,reviewed and carefully examined such documents,has found them to be complete,accurate,adequate,consistent, coordinatedand suf?cient for construction,and that Contractor has not,does not,and shall not rely upon any representation or warranties by the County concerning such documents as no such representation or warrantieshave been or are hereby made. 1.1.6 Any dispute relating to the Contract Documents,shall be resolved through good faith efforts upon the part of the Contractor and the County.Should Contractor have any questions concerning interpretation or clari?cation of the Contract Documents,Contractor shall submit to the County’s Project Manager,in writing,a request for clari?cation that clearly and concisely sets forth the issues for which such request is sought.Such request shall be submitted to the Project Manager by the Contractor within three (3)business days of receipt of the Contract Documents,or the direction,interpretation,or clari?cation thereof provided by the County.The County’s Project Managershall render a determinationconcerning such interpretation or clari?cation,which shall be considered ?nal and conclusive unless Contractor ?les a written protest within fourteen (14)calendardays of receipt thereof.Contractor’s protest shall be submittedto the Purchasing Director,and shall state clearly and in detail the basis thereof.Failureby the Contractor to protest the County Project Manager’s rendered determination within the timeframe above,shall constitute a waiver by the Contractor of all its rights to further protest, judicial,or otherwise.The Purchasing Director shall consider the Contractor’s protest and shall render a decision thereon, in writing,within ten (10)calendar days.If Contractor does not agree with the determinationof the Purchasing Director, the Contractor shall deliver written notice to that effect to the County within three (3)business days of receipt of the determination by the Purchasing Director. 1.1.7 Unless otherwise directed in writing,Contractor shall at all times carry on with the Work andmaintain its progress schedule in accordance with the requirements of the Contract and the determination of the County,pending resolution of any Contract Document dispute.In no event will a dispute,the ?ling of a protest,claim or appeal,or the resolutionor litigation thereof,relieve Contractor from its obligation to timely perform the Work required by the Contract and to maintai ntheprOgressscheduleinaccordancewiththeContract. 1.1.8 Any and all Contract Documents shall remain the property of the County.Contractor is granted a limited license to use and reproduce applicable portions of the Contract Documents issued by the County appropriate to,and for use in, execution of the Work.Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Work;provided,hOWever,that in no event shall Contractor and/or its subcontractors use,or permit to be used,any or all of such Contract Documents on other projects without the speci?c written consent of the County. 1.2 De?nitions Terms used within this Agreement shall have the meaning as set forth in the St.Johns County Purchasing Policy,or as provided herein.Terms de?ned herein for speci?c application to this Contract shallgovern over de?nition of terms provided in the St.Johns County Purchasing Policy. 1.2.1 Acce tance of the Work:Written acceptance of the Work by the County and the County’s Project Manager. 1.2.2 A licableLaws:All local,state,and federal laws,statutes,codes,ordinances,rules and regulations in effect at the time Work and Warranty Work is performed under this Contract. 1.2.3 Claim:Any claim,liability,loss,demand,demand for arbitration,damage,lien,cause of action of any kind, obligation,responsibility,cost,expense,royalty,fee,assessment,penalty,?ne,judgment,interest or award,pending or threatened,whetherarising by law,contract,tort,voluntary settlement or otherwise. SJC (MCA-TO)2022,REV6 (05.02.2024)Page 5 of34 Agenda Item #8.A. 22 Jun 2026 Page 45 of 218 1.2.4 Contract Price:The sum set forth in Article IV of this Contract shall constitute the Contract Price,as may be amended by Change Order.Unless otherwise approved by the County in writing,the Contract Price includes all taxes, including without limitation,income and withholding tax of any kind and sales tax imposed by the state or by the County and paid by Contractor or any Subcontractors with respect to salesof goods purchased for the performance of the Work 1.2.5 Contract Time:The number of calendar days between commencement and completion of the Work,established in paragraph 3.1.1 of this Contract,as may be amended by Change Order. 1.2.6 Design:Those design services related to the Project prepared by the County or the County’s consultants or other representatives,which shall,as may be required,be included in Contractor’s Work. 1.2.7 Drawin s:The graphic and pictorial portions of the ContractDocuments,illustrating the design,location an ddimensionsoftheWork,generally including but not limitedto,plans,elevations,sections,details,general notes,schedules and diagrams. 1.2.8 Final Com letion:Completion of all Work in compliance with the Contract Documents,as determined by the County,and issuance of a Final Certi?cate for Payment. 1.2.9 Force Ma'eure Events:Those events that are not reasonably foreseeable and are beyond the control of both the Contractor and the County,including acts of war,terrorist attacks,labor strikes,?oods,earthquakes,epidemics,pandemic s,riots,adverse weather conditions,and other acts of God. 1.2.10 J obsite:Any physical location or other place on,under,in,at or through which any aspect of the Work is performed. 1.2.11 Notice to Proceed:A written notice given by the County to Contractor ?xing the date on which the Contract Time will commencetorun and identifying the corresponding Substantial Completion and Final Completion dates. 1.2.12 Product Data;Illustrations,standard schedules,performance charts,instructions,lbrochures,diagrams and other information furnished by Contractor to illustrate materialsor equipment for some portion of the Work. 1.2.13 Project:The total undertaking to be accomplished for County by engineers,contractors,and others,including planning,study,design,construction,testing,commissioning,and start-up,and of which the Work to be performed under the Contract Documents is a part. 1.2.14 Pro'ect Mana er:The County’s representative assigned to the Project,or any part thereof,to observe theWork and perform certain other obligations of the County as de?ned in Article VI below. 1.2.15 Sho Drawin 5:Drawings,diagrams,schedules,and other data specially issued for the Work by Contractor or a Subcontractor,Sub-subcontractor,and material suppliers to illustrate some portion of the Work. 1.2.16 S eci?cations:That portion of the Contract Documents consisting of the written requirements for materials, standards,equipment,construction systems,and standards of workmanship for the Work,and performance of related services. 1.2.17 Subcontractor:A Subcontractor is an individual,partnership,corporation,association,joint-venture or any combination thereof,which has a direct orindirect contract with Contractor to perform a portion of the Work. 1.2.18 Substantial Com letion:The stage in the progression of the Work when the Work is suf?ciently complete in accordance with this Contract so that the County can enjoy bene?cial use or occupancy of the Work and can utilize the Work for its intended purpose. 1.2.19 Wor__k:Construction and services required by the Contract Documents,including all labor,materials,equipment and services as well as other deliverables provided,or to be provided,by Contractor to fulfill Contractor s obligationsunder this Contract.The Work may constitute the Whole or part of the Project. SIC (MCA-TO)2022,REVG(05.02.2024)Page 6 of 34 Agenda Item #8.A. 22 Jun 2026 Page 46 of 218 m u N n 1.3 OWnership of Contract Documents Any and all Contract Documents shall remain the property of the County.Contractor is granted a limited license to use and reproduce applicable portions of the Contract Documents issued by the County appropriate to,and for use in,execution of the Work.Contractor shall have the right to keep One record set of the Contract Documents upon completion of the Work; provided,however,that in no event shall Contractor and/or Contractor’s subcontractors use,or permit to be used,any or all of such Contract Documents on other projects without the speci?c written consent of the County. ARTICLE II THE WORK 2.1 Project Description The Project involves constructionof a 1,500 square foot Operators’Building at the Northwest Water Treatment Plant located at 1205 State Road 16,St.Augustine,Florida 32084. 2.2 Labor and Materials 2.2.1 Contractor shall perform all of the Work required,implied,or reasonably inferable from,the Contract Documents. Unless otherwiseprovidedin the Contract Documents,Contractor shall provide and pay for all labor,supervision,materials, supplies,tools,transportation,storage,construction equipment and machinery,utilities (including but not limited to water, heat,fuel,light,and cooling),and all other services necessary for prOper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.Materials,articles and equipment furnished by Contractor for incorporation into the Work shall be new unless otherwise speci?ed in the Contract Documents. 2.2.2 Contractor shall use only competent and skilled personnel to perform and supervise the Work and shall remove from such Work any person determinedto be un?t,unquali?ed,or acting in violationof any obligation of Contractorunder this Contract.In the event a person is removed from the Work,Contractor shall promptly replace such individual with another who is fully competent and skilled to perform the Work at Contractor’s sole expense. 2.2.3 Except as otherwiserequired for the safety or protectionof persons or the Work or property at the Jobsite or adjacent thereto,and except as otherwise stated in the Contract Documents,all Work at the J obsite shall be performed during regular working hours,Monday through Friday.Contractor will not perform Work on a Saturday,Sunday,or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays,Sundays,or legal holidays only with the County’s prior written consent,which will not be unreasonably withheld. 2.2.4 In addition,when the Work requires by Florida Statute,Contractor shall use only licensed,registered and/or certi?ed personnel to perform the Work.Such Statutes may include,but are net limited to,Chapter 489 (Regulation of Professions and Occupations Contracting)and Chapter 633,Part 111(Fire Protection and Suppression)of the Florida Statutes. 2.3 Project Sequencing/Arrangement Contractor shall not be limited in the sequencing or staging of the Work except to the extent that the Contract Documents impose limitations.Neither the organization of any of the Contract Documents into divisions,sections,paragraphs,articles, (or other categories),nor the organization/arrangement of the Drawings or Design,shall control Contractor in dividing the Work or in establishing the extent or scope of Work to be performed by Subcontractors. 2.4 Payment of Costs Except as otherwise expressly provided,Contractor shall pay directly all costs and expenses of the Work of any kind or nature whatsoever including but not limited to all costs of permitting,regulatory compliance,obtaining and maintaining required bonds and insurance pursuant to Article XIII,payments due to Subcontractors and suppliers,legal,?nancial,sales, use and similar taxes on materials and equipment,transportation and storage of materials and equipment,preparation of schedules,budgets and reports and all other costs required to achieve Substantial Completion and Final Completion in accordance with the Contract Documents. 2.5 Cleaning the J obsite Contractor shall keep the Jobsite neat,secure and orderly during performance of the Work and shall clean up and remove all waste,rubbish and construction debris from the Jobsite as they accumulate.Upon Final Completion of the Work, Contractor shall remove all waste,rubbish and construction debris from and about the J obsite as well as all tools,appliances, construction equipment,temporary utilities,temporary constructionand machinery and surplus materials.Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. SJC (MCA-TO)2022,REV6 (05.02.2024)Page 7 cf34 Agenda Item #8.A. 22 Jun 2026 Page 47 of 218 2.6 Reporting Requirements 2.6.1 Dail Record.The Contractor shall keep a daily record of the Work at the Jobs1te At a minimumthe Daily Record shall include weather conditions,number of workers (by trade)on the Jobsite,and material/equipment deliveries.Daily Records shall be submitted by close of business the following day. 2.6.2 Monthl Re ort.The Contractor shall prepare and submit a written monthly report by the tenth day of each calendar month.Monthly reports shall at a minimum describe Work completed in the prior month,planned Work for the current month,detailed explanationsof any activity that is behind schedule,corrective actions taken to recoverschedule,safety and environmental incidents and ccrrectiVe actions taken. 2.7 1 Title and Risk of Loss Title to the structures,improvements,?xtures,machinery,equipment and materials constituting the Work or the Project shall pass to the County no later than time of payment.Such transferred title shall in each case be good,free and clear of any and all security interests,liens or other encumbrances.Contractor shall,hOWever,bear all risk of loss concerning such structures,improvements,?xtures,machinery,equipment and materials until Substantial Completion,regardless of the extent to which the loss was insured or the availability of insurance proceeds.The transfer of title does not imply acceptance by the County nor does it relieve Contractor from the responsibility for any loss or damageto items. 2.8 Access to Work The County and the Project Manager,shall at all reasonable times have full access to all parts and locations of the J obsite(s) from commencement of the Work through Final Completion.Contractor shall take whatever steps necessary to provide such access when requested. 2.9 Utilities Contractor shall,at its expense,make all arrangements necessary to secure the availability of and maintain all temporary utilities required to construct and operate Contractor 5 Work as required by the Contract Documents.If the scope of Work requires,Contractor shall arrange for activating permanent power,water,and sanitary service to the Project prior to Substantial Completion.This includes legal sketches and descriptions for easement as well as record drawings requirement srequiredbyutilitycompanies.The County will assume permanent utility costs at Substantial Completion. 2.10 Existing Utility Lines 2.10.1 When existing Utility Lines (eg.conduits,pipelines,transmission mains andutility equipment and appurtenances) shown on the Drawings are to be removed or relocated,Contractor shall notify the ProjectManager in ample time (but in no event less than five (5)business days)for taking measures for prevention of the interruption of any required services prior to the beginning of operations.Locations of existing utility lines shown on the Drawings are based on the best information available to the Project Manager,but shall not be considered exact either as to location or number of such lines. 2.10.2 Contractor shall protect Utility Lines constructedunder terms of the Contract and those discovered or shown on Drawings to be existing.In the event that Contractor damages any existing Utility Lines,shown or not shown on the Drawings,Contractor shall immediately notify the Project Manager.Damage occurring to existing Utility Lines due to Contractor’s failure to exercise reasonable care shall be repaired or replaced at no cost to the County. 2.11 Taxes 2.11.1 Contractor shall pay all taxes,levies,duties and assessments of every nature which may be applicable to any Work under this Contract.The Contract Price and any agreed variations thereof shall include all applicable taxes imposed by law. Contractor shall make any and all payroll deductions required by law.Contractor herein indemnifies and holds the County harmless from any liability on account of any and allsuch taxes,levies,duties,assessments and deductions.The indemnity provision of th1s section shall survive the expiration or earlier termination of this Contract.Contractor may not use County’s tax-exempt status unless speci?cally authorized in writing in advance. 2.11.2 Forei n Entit Tax Withholdin .Amounts due to certain foreign persons or entities may be subject to backup withholding taxes under federal law.If Contractor 1s a foreign person or entity that is required to complete Internal Revenue Service (“IRS”)Form W-SECI,Contractor shall provide County a copy of Contractors current Form W-8ECI prior to issuance of any invoice or payment under this Contract.If Contractor fails to timely provide a completed,current Form W- 8ECI,County will withhold all backup withholding taxes from the amounts due to the Contractor,remit such sums to the SJC (MCA-TO)2022,,REV6 (05.02.2024)Page 8 of34 Agenda Item #8.A. 22 Jun 2026 Page 48 of 218 II II n H I I. H :Y. I : I I : II v-I _.I I :I H If t 'I: J '-n I I IH I _ ill ,I ‘l.-I II I ll‘ II»: II I:n IRS,and pay Contractor only the remainder.County makes no representationregarding the tax treatment of amounts due to Contractor,and Contractor releases and holds the County harmless from any claims or damages in any way relating to or arising from any tax withholding by County pursuant to this section. 2.12 Publicity and Advertising 2.12.1 Contractor shall not make any announcement or release any information or publish any photographs conceming this Contract,the Work or the Project or any part thereof to any member of the public,press or any of?cial body,unless prior written consent is obtained from the County; 2.12.2 Use of the County Seal or County Logo is strictly prohibited.In accordance with,County Ordinance 92-2 and County Administrative Policy 101.3,Contractor may not manufacture,use,display,or otherwise use any facsimile or reproduction of the County Seal or Logo without express written approval of the Board of County Commissionersof St. Johns County,Florida. 2.13 County Furnished Items 2.13.1 The County shall furnish to Contractor,at the time of executing this Contract,written and tangible materia lconcerningconditionsbelowgroundattheJobsite.Such written and tangible material is furnished to Contractor only in order to make disclosure of such material and for no other purpose.By furnishing such material,the County does not represent,warrant,or guarantee its accuracy either in whole,in part,implicitly,or at all,and shall have no liability therefore. The County shall also furnish surveys,legal limitations and utility locations (if known),and a legal description of the Proj ect’s J obsite. 2.13.2 Contractor shall obtain and pay for all permits,fees and licenses necessary and ordinary for the performance of the Work.Excluding such permits,fees and licenses,the County shall obtain all approvals,easements,and the like required for construction. 2.13.3 Subject to Paragraph 1.6 above,the County shall furnish Contractor electroniccopies of the Contract Documents for execution of the Work.Hard copies of the Contract Documents shall be the responsibility of Contractor. ARTICLE III CONTRACT TINIE 3.1 Contract Time 3.1.1 Contractor shall commence the Work within ten (10)calendar days following receipt of the County’s Notice to Proceed and shall substantially complete all Work within one hundred eighty (180)consecutive calendar days as may be extended pursuant to Paragraph 9.2 of this Contract.Final Completion shall be reached within thirty (30)consecutiv ecalendardaysafterSubstantialCompletion. 3.1.2 Contractor,prior to commencing the Work,shall submit to the Project Manager for his/her information, Contractor’s schedule for completing the Work.Contractor’s schedule shall be.revised no less frequently than monthly (unless the parties otherwise agree in writing),and relate to the entire Work.By way of illustration and not exclusion, Contractor’s schedule shall:(1)contain suf?cient activities to assure adequate planning for the Work,(2)include approve dchangestotheWorkthatimpacttheschedule,(3)includea clearly de?ned critical path,and (4)include a unique description for each activity.In the event any schedule revision impacts the completion time as provided in Paragraph 3.1.1 above, Contractor shall submit a request for additional time,in accordance with procedures as provided in Paragraph 9.2 below. Failure by Contractor to strictly comply with the provisions of this Paragraph shall constitute a material breach of this Contract. 3.2 Time is of the Essence Time is of the essence regarding each and every obligation of Contractor under this Contract.Each obligation is deemed material,and a breach of any such obligation (including a breach resulting from untimely performance)is a material breach. 3.3 Substantial Completion 3.3.1 When Contractor considers the Work is substantially complete,Contractor shall notify the Project Manager in writing and submit a comprehensive list of incomplete items to be completed or corrected prior to Final Completion.The Project Manager will promptly inspect the Work following receipt of Contractor’s notice and attached list of incomplete SJC (MCA»TO)2022,REV6 (05.02.2024)Page 9 of34 Agenda Item #8.A. 22 Jun 2026 Page 49 of 218 I. r I)- I .v I II I 'l I I. I I II I II I‘ I ‘l ' I '1 I- I I '.,' 'I I -. —I II I I IrI .I_ I—__ I ..II I I I. I II I items.The Project Manager may refuse to inspect the Work if the Work is obviously not substantially complete or when Contractor 5 list is not complete. 3.3.2 To the extent applicable to Contractor’s speci?c Work scope,the'following items shall be completed prior to Contractor’s request for a Substantial Completion inspection. a)All general construction completed. b)Project Jobsite cleared of Contractor's excess equipment,storage shacks,trailers,and/or building supplies. 0)Project record Drawings and Speci?cations submitted in accordance with the Contract Documents. (1)Preliminary as-built drawings submitted. 6)All applicablepermits required for use provided. g)All operations and maintenance manuals,training literature,and software for all equipmentprovided. h)Manufacturers‘certi?cations and warranties provided. i)All required spare parts and special tools provided. 3.3.3 If Substantial Completion is not obtained at the inspection called by Contractor,for reasons which are the fault of Contractor,thecost of any subsequent inspections requested by Contractor for the purpose of determining Substantial Completion shall be the responsibility of Contractor and shall be assessed against the ?nal payment application. 3.3.4 Once Substantial Completion is achieved and within the time allowed by RS.218.70 et seq,the Project Manager will prepare the punch list requiredby the Local Government PromptPayment Act.Unless otherwise mutually agreed,the punch list items shall be corrected by Contractor within thirty (30)calendar days and prior to any request for Final Inspecti onandAcceptance.The failure to include any corrective Work or pending items not yet completed on the list does not alter the responsibility of Contractor to complete the Workpursuant to this Contract. 3.4 Final Inspection When all the Work is ?nally complete and Contractor is ready for a ?nal inspection,Contractor shall provide written notice to the County and the Project Manager.The Project Manager,with Contractor’s cooperation,will conductsuch reviews, inspections and tests as may be reasonably required to satisfy the County that the Work,or identi?ed portion of the Work, conforms to all requirements of the Contract Documents.If the Project Manager determines that the Work or any part of the Work is not complete or fails to conform to the Contract Document requirements,Contractor will be noti?ed in writing -of de?ciencies.After correcting all de?ciencies Contractor shall again initiate the procedures for‘?nalinspectionas set forth above.The Project Manager will issue a Final Certi?cate for Payment following satisfactory inspection of the Work provided Contractor has deliveredto the Project Managerthe ?nal correctedas-built Drawings and the ?nal bill of materials, if any. 3.5 Liquidated Damages 3.5.1 Execution of this Contract by Contractor shall constituteContractor’s acknowledgment that the County will sustain damages in the amount identi?ed in Paragraph 3.5.2 below for each and every calendarday during which completion of the Work required is delayed beyond Substantial Completion or Final Completion.Contractor and County agree that such damages shall be presumed to be the damages actually sustainedby the County as de?ned below,and that because of the nature of the Project,it would be impracticable or impossible to determine or extremely dif?cult to ?x the actual damages. 3.5.2 If Contractor fails to achieve Substantial Completion or Final Completion of the Work by its applicable date,then the County shall be entitled to withhold from any amounts otherwise due Contractor or to be paid as a debt due the sum of $502.48 per day for each and every calendar day of unexcused delay “Liquidated Damages”.The parties agree that such Liquidated Damages are not a penalty but rather a genuine pre-estimate of monetary damages sustained by the County for loss of revenue and/or increased project administration expenses related to this Contract because Contractor failed to perform and complete Work within the time ?xed for completion or additional time granted pursuant to the provisions hereof.The assessment of Liquidated Damages are without prejudice to the County’s rights of termination and Contractor’s obligation to complete the Work. 3.5.3 Should Contractor fall behind the approved Work schedule;the County reserves the right to deduct Liquidated Damages based on an estimated period of late completion.The County need not wait until completion of Work to withhold Liquidated Damages from Contractor’s progress payments. SJC (MCA»TO)2022,REVG(05.02.2024)Page 10 of34 Agenda Item #8.A. 22 Jun 2026 Page 50 of 218 II I III-II I:Il-I.II .I II .4 ,I I “‘I II II I .I I ''m I I .. I I .I ‘.II II .'I r ' I I III "''I u I .-I I I II I.,I:II _.I."I II II I I I: _.I.I I I :..I . "‘ A I ‘I I I - ~I.II :I I I -II I t -.-I I-II .= I ..II III I »,-I i I ;=I -...II I I I ;‘I I I .I I I I -I I g I .I I. I-I I I II 3‘'“-. I II B.'I II II 'v I I ‘-' III.;-I -I r.I I I -I n I ,. I I II I '5 'III III I II ‘ I .-.I 'I I'I I:|'II I III .I II I .'I I' '‘III III '-I -I ;II II I. I I I I:.x I ..I I II -_. I I III I -.I ..II II I _II =I '--= .I .2 ' ''II-'I I I I -'.m:I 'l I I z.‘I 1 ‘I .'I,_.-.-I II =;I I II I_ —I..,III .-I II.I...r -.I I I I'I ‘I '..I -.I I II . r H '''—I_I 1 II II IIIII I —I -II ‘II I ,_ '-I I I-.l:_.-.-.I. '3 -I 3.6 Disclaimer of Consequential Damages The County shall not be liable to Contractor,whether in contract,tort,warranty or under any statuteor on any other basis, for any consequential,incidental,indirect,special,punitive or exemplary damages suffered or incurredby Contractor in connection with this Contract,even if the County has been advised of the possibility of such damages.Consequentia ldamagesshallinclude,by way of example and without limitation,opportunity costs,loss of use of facilities or other assets, consequential damage claims of subcontractors,lost pro?ts,lost savings,lost business,lost bonding capacity,lost ?nancing, lost reputation or lost goodwill. ARTICLE IV CONTRACT PRICE AND PAYMENT 4.1 Contract Price 4.1.1 This Contract is a LUMP SUM Contract.As compensation for satisfactory performance of the Work,the County shall compensate,and Contractor shall accept,as full and complete compensationfor all the Work required herein a total Lump Sum price of Eight Hundred Twenty-Nine Thousand Three Hundred Thirty-Seven Dollars and Zero Cents ($829,337.00),the “Contract Price”.The cost of any item of Work not covered by a speci?c Lump Sum shall be included in the Lump Sum price to which the item is most applicable. 4.1.2 If required by the County,Contractor shall have includedunit prices in the base Lump Sum.Such unit prices shall apply to revisions to the Work as directed by the County in accordance with Article IX.Unit prices are “all-inclusive”, including labor,material,supervision,tools,equipment,insurance,taxes,fringe bene?ts,coordination,engineering, overhead,pro?t,performance and payment bonds,and all other things necessary.Unit prices are ?xed for the duration of the Contract and are not subject to escalation for any cause. 4.2 Schedule of Values 4.2.1 Prior to the commencement of Work,Contractor shall submit to the County and to the Project Manager a Schedule of Values allocating the Contract Price to the various portions of the Work.Contractor’s Schedule of Values shall be prepared in such form,with such detail,and supported by such data as the Project Manager or the County may require to substantiate its accuracy.Contractor shall not imbalancethe Schedule of Values nor arti?cially inflate any element thereof. The violation of this provision by Contractor shall constitute a material breach of this Contract. 4.2.2 Upon approval by the County the Schedule of Values shall be used as a basis for Contractor’s Application for Payment.The total of all payments in the Schedule of Values must at all times be equal to the Contract Price.No progress payment shall be made to Contractor until an acceptable Scheduleof Values is submitted. 4.2.3 General conditions costs may be considered as a line item for the following items (break down required) (collectively the following shall be known as the General Conditions Costs): a)Contractor’s ?eld of?ce personnel (full-time err—site) b)Construction of?ce and storage facilities c)Utilities required to sustain ?eld of?ce and sanitary facilities d)Electrical power and water for construction e)Bonds and Insurance 4.2.4 Progress payments for general conditions costs will be based on the percentage of Work completed to date,except bonds and insurance which may be requested in full.Separate payments for ShOpDrawings and deposits for materials will not be allowed. 4.3 Measurement and Payment 4.3.1 Contractor shall make all surveys necessary for determining all quantities of Work to be paid under this Contract. Copies of ?eld notes,computations and other records made by Contractor for the purpose of determining quantities shall be furnished to the Project Manager upon request.Contractor shall notify the Project Manager prior to the time such surveys are made.The Project Manager may but shall have no obligation to witness and verify such surveys.Measurements and computations shallbemade by such methods as the County may consider appropriate for the class of work measured.The dividing limits,lines or planes between adjacent items or classes of excavation,concrete,or other types of Work where not de?nitely indicated on the Drawings or in the Speci?cations shall be as determinedby the County. SJC (MCA-TO)2022,REV6 (05.02.2024)Page l l of 34 Agenda Item #8.A. 22 Jun 2026 Page 51 of 218 _II -II'I I II .I._I ._. I II .I __. ,—II - I I I I I I II II I .‘2‘‘x ' 'I I II 'I I‘' II III I I II "I I II I I _-I I ;‘I r II.-II I_III I-II .'I :.II .I..._I,.- .I -..:1 II I I I I .:ILI.III " --._I I .I II I.I. --I .I I ‘Xl u I II III I .II II _- I =.-II I .II I I .,z I n-. -_I I I I I .__..I ~I,II 'II I .II II I III II _I II -.=z »_: ‘I; _II :I I _I).I II I I .__II I II II._I-I ;I II =I II . _ I II I II I I I II - I I _I.I . II I _ I ..I I I I. .II I .I I.I.=a II .-I I II I L =I I I I I I I -II I .‘.‘. I . II -.I I I .I .II :.I |I t H I 'I 'II I I.I =II I JII II I "I II II .III I I.I a II I .I .I.. I -...I ‘II I I _ IIII I w ‘u I I I : I I I I I I I I I i I _ ','A |.r-I :'I I F .1,-—-I-.I.._I.II1-I . I I .. II ;_ II .:L .:I u 4.3.2 No payments of invoices (or portions thereof)shall,at any time,constitute approval or acceptance of the Work under this Contract,nor be a waiver by the County of any of the terms contained herein. 4.4 Progress Payments 4.4.1 Prior to Contractor’s submittal of the initial Application for Payment,Contractor shall havedelivered the following documents.The County will not make any payment to Contractor until Contractor has submitted the following requirements: a)Schedule of Values b)Project Schedule c)Certi?ed copy of recorded bond d)Insurance Certi?cates 4.4.2 On or before the tenth (10th)day of each calendar month,Contractor shall submit an Application for Payment to the Project Manager in such form and manner,and with such supporting data and content,as the Project Manager may require.Such Applicationfor Payment shall be based on the amount of Work done or completed during the payment period which is de?ned as the ?rst day of the preceding calendar month through the last day of the preceding calendar month.The Project Manager will review the Application for Payment to determine whether the quantity and quality of the Work is as represented in the Application for Payment and thereafter con?rm to the County the amount properly owing to Contractor. Upon receipt by the County of the Project Manager’s recommendationfor payment,payments will be made in accordanc ewiththeLocalGovernmentPromptPaymentAct(Sections 218.70-218.80 of the Florida Statutes)less such amounts,if any, otherwise owing by Contractor to the County or which the County shall have the right to withhold.Any Application for Payment determined by the County not to be suitable for payment shall be modi?ed and processed in accordancewith the County’s assessment. 4.4.3 In the event any dispute with respect to any payment or Application for Payment cannot be resolved between Centractor and the County’s Project staff,Contractor may demand in writing a meeting with and review by the County’s Purchasing Director.Such meeting and review shall occur within ten (10)business days of receipt by the County of Contractor’s written demand.The Purchasing Director shall issue a written decision on the dispute within ten (10) lbusinessdaysofsuchmeeting.This decision shall be deemed the County’s ?nal decision for the purpose of the Local Government Prompt Payment Act. 4.4.4 The County may withhold from each progress payment made to Contractor an amount not to exceed ?ve (5%) percent of payment as retainage until ?nal acceptance of all Work in accordancewith Section 255.078 of the Florida Statues. Any interest earned on retainage shall accrue to the bene?t of the County.The County shall make prompt payment to Contractor,unless in accordance with Section255.078(6)of the Florida Statutes,such funds are the subject of a good faith diSpute,claim or demand by the County or Contractor. 4.4.5 Contractor warrants and guarantees that title to Work,materials,and equipment covered in any Application for Payment,whether incorporated in the Project or not,shall pass to the County no later than the time of payment and shall be free and clear of liens,claims,security interests or other encumbrances. 4.5 Application for Payment 4.5.1 Contractor may make Application for Payment,at intervals of not more than once a month for Work satisfactorily completed during the Project.Contractor shall submit with each Application for Payment an updated Project schedul eacceptabletotheProjectManager.Each Application for Payment shall clearly include: a)Contract Number; b)A unique Application for Payment number; c)Contractor’s legal name and address; d)Taxpayer identi?cation number (Contractor’s federal employer identi?cation number); e)Brief description of the completed Work,in accordance with Contractor’s Schedule of Values; f)Original Contract Price including approved Change Order amounts;and, g)Preferred remittance address,if different from the mailing address. The County may require any other information from Contractor that the County deems necessary to verify Contractor’s SJC (MCA-TO)2022,REV'G(05.02.2024)Page 12 of 34 Agenda Item #8.A. 22 Jun 2026 Page 52 of 218 I .~'I I I .III _II I -I II I --I I I _ II -..-I ,-I _I.n .II .._v..II..I I -.I..‘I ,-I ' |.I I.I ..I._II =.'.- _I . I II._IT I _,.I I .I .~_I I..I -I I - ‘--.'H II __II I II I‘I II II I _I I .. --I ‘ I 'l:l -II '''I U '--I 'I ‘I —I -II IIIIII,I I I I._I .. -.I I l -I I II -.I ‘r “ I "I .51 ''I I I 'II II ‘V |I II I!-"'-II I:.I I v II ‘'—I-I I 'l :I ' I.:I 'I -d A .. z I II.II -I I z I I III I I -H I I H I I _ I I‘ II I I ..I.:-I1 IIII F ‘II II I =.'I I .'II .I I _I.I.:2 I II:II I-I .-I I _...I .I I .II I.l'I M II -I III .I —II ..—I II .I '.I '3‘ I I III .I.I II .I I “1I ' I ‘I ''I -,-I'I _.I I I II .I n l .II I I <I ~.I II I .' I I 'I 1 VI _ I I I I I II —II II ' I x I II II I I I I I I .I II I.II .—‘'-'' I 'Fl.- I I ___I N ... Application for Payment.No later than ten (10)days after execution of this Contract or Notice to Proceedhas been issued ,the County will identify in a separate written notice the submittalrequirements for Contractor’s payment requests. 4.5.2 Delivered,stored or stockpiled materialsmay be included in an Application for Payment provided Contractor meets the following conditions: a)Materials are suitably and securely stored at the Jobsite or a bonded warehouse (acceptable to the County); b)An applicable purchase order or supplier’s invoice is provided listing the materials in detail,cost of materials and identifying this speci?c Project by name;and c)The material is insured against loss or damage (from whatever source)or disappearance prior to incorporation into the Work.' 4.5.2.1 Payments for such materialsshall be at the sole discretionof the Project Manager,shall be based only upon the actual cost of the materials to Contractor,and shall not include any overheador pro?t to Contractor. 4.5.3 Each Application for Payment shall be signed by Contractor and shall constitute Contractor’s representation that the Work has progressed to the level for which payment is requested,that the Work has been properly installedor performe dinfullaccordancewiththisContract,and that Contractor knows of no reason why payment should not be made as requested. Contractor’s ?nal Application for Payment shall also be accompanied by a full and complete release and/or waiver of all liens complying with Section 713 .20 of the Florida Statutes. 4.5.4 Contractor must remit undisputed payment due for labor,services,or materials furnished by Subcontractors and suppliers hired by Contractor,within ten (10)days a?er receipt of each progress payment from the County pursuant to Section 218.735 of the Florida Statutes.If necessary for the protection of the County,the County shall have the right,at its sole option,to make payment by joint check or by direct check to Contractor’s Subcontractorsor suppliers withoutadvance notice to or consent of Contractor.If joint checksare issued following claims by Contractor's Subcontractors or suppliers, the County shall be entitled to an administrative fee of $50.00 per check for the expense of processing each joint check. Any amounts paid directly to a Subcontractor or supplier will be deducted from payments made to,or amounts due or that may become due to,Contractor.The issuance of a joint check shallcreate no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit the County to repeat the procedur einthefuture. 4.5.5 No progress payment,nor any use or occupancy of the Project by the County,shall be interpreted to constitute approval or acceptance of any Work under this Contract,nor be considered a waiver by Contractor of any of the terms of this Contract. 4.5.6 The County’s performance and obligationto pay under this Contract is contingent upon an appropriationof lawfully available funds by the Board of County Commissioners.The County shall promptly notify Contractor if the necessary appropriation is not made. 4.6 Withheld Payment 4.6.1 The County may decline to make payment,may withhold funds otherwise payable and,if necessary,may demand the return of some or all of the amounts previously paid to Contractor,if: a)Any Claims are made against Contractor by the County or third parties,including Claims for liquidated damages or if reasonable evidence indicates the probabilityof the making of any such Claim; b)Any Claims are made against the County,the County’s property or any other party indemni?ed hereunder which is or might be covered by Contractors Indemni?cation obligations under Section 12.2 below; 0)Contractor failsto pay Subcontractors or others in full and on—time; d)Contractor fails to submit schedules,reports,or other information required under the Contract; e)Contractor fails to diligently prosecute the Work and maintain progress to assure completion within the Contract Time; f)Contractor persistently fails to fully and timely perform the Work in accordancewith the Contract Documents; g)Defective or nonconforming Work is not remedied;or h)Contractor is in default of any other representation,warranty,covenant or performance obligation of this Contract. SJC (MCA—TO)2022,REVS (05.02.2024)Page 13 of34 Agenda Item #8.A. 22 Jun 2026 Page 53 of 218 nu 1. 4.6.2 If Claims or liens ?led against Contractor orproperty of the County connected with performance under this Contract are not promptly removed by Contractor after receipt of written notice from the County to do so,the County may remov esuchClaimsorliensandallcostsinconnectionwithsuchremovalshallbedeductedfromwithheldpaymentsor othe rmoniesdue,or which may become due,to Contractor.If the amount of such withheld paymentsor other monies due Contractor under the Contract is insuf?cient to meet such cost,or if any Claim or lien against Contractor is discharged by the County after ?nal payment is made,Contractor and its surety or sureties shall promptly pay the County all costs (including attorney‘s fees)incurredthereby regardless of when such Claim or lien arose. 4.7 Final Payment 4.7.1 Upon Contractor’s receipt of the Final Certi?catefor Payment,Contractormay submit a ?nal invoice providedthe following has been completed or submitted with such ?nal invoice: a)Complete all items applicable to the Work identi?ed in Paragraph 3.3.2; b)Complete all Work listed on the punch listprepared in accordance with Paragraph 3.3.4; 0)Consent of Surety for ?nal payment and/or retainage; d)Final Waiver and Release of Claim signed by Contractor; e)Submittal of ?nal corrected as-built (record)Drawings; 0 Settlement of Liquidated Damages,as applicable;and g)Settlement of liens and Claims,if any. 4.7.2 Acceptanceof Final Payment shall constitute a waiver of all Claims against the County by Contractor except for those Claims previously made in writing against the County by Contractor,pending at the time of Final Payment,and identi?ed in writing by Contractor as unsettled at the time of its request for Final Payment. 4.7.3 In the event Contractor fails to make a Request for Final Payment,or to resubmit a ?nal Applicationfor Payment within ninety (90)days a?er being requested to do so,the County may deem any and all retained funds to be abandoned property and shallgive notice of abandonment to Contractor.The County may set off against the ?nal payment any amounts due to County from Contractor arising out of or under this or any other Contractor Contract betweenthem. ARTICLE V CONTRACTOR RESPONSIBILITIES 5.1 Performance 5.1.1 Contractor warrants that,to the best of its knowledge,there is no pending or threatened action,proceeding,or investigation,or any other legal or ?nancial condition,that would in any way prohibit,restrain,or diminish Contractor’s ability to satisfy its contractual obligations hereunder. 5.1.2 Contractor shall perform no part of the Work at any time without adequate Contract Documents or,as appropriate, approved Shop Drawings,Product Data or samples for such portion of the Work.If Contractor performs any portion of the Work where Contractor knows or should know such Work involves a recognized error,inconsistency or omission in the Contract Documents without notice to the Project Manager and the County,Contractor shall bear responsibility for such performance and shall bear the cost of correction. 5.1.3 Contractor shall perform the Work strictly in accordancewith this Contract. 5.1.4 Contractor shall con?neits operationsto the Jobsite or such other land and areas identi?ed in and permittedby the Contract Documents.Contractor shall assume full responsibilityfor any damage to any such land or area,to the County or occupant thereof,or of any adjacent land or areas,resulting from the performance of the Work.Should any Claim be made by any such owner or occupant because of the performanceof the Work,Contractor shall promptly settle with such other party by negotiationor otherwise resolve the Claim by other dispute resolution proceedingor at law.Contractor shall,to the fullest extent permitted by Applicable Law,indemnify and hold harmless the County,and its of?cers,directors,agents and employees and anyone directlyor indirectly employedby them from and against Claims,costs,losses,and damagesarising out of or resulting from any Claim or action,legal or equitable,brought by any such owner or occupant against the County or any other party indemni?edhereunderto the extent caused by or based upon Contractor‘s or a Subcontractor’sperformanceof the Work. 5.1.5 Contractor is solely and exclusively responsible for supervising all workers at the Jobsite.Contractor shall supervise SIC (MCAJO)2022.REVG(05.02.2024)Page M of 34 Agenda Item #8.A. 22 Jun 2026 Page 54 of 218 and direct the Work using Contractor’s best skill,effort and attention.Contractor shall be responsible to the County for any and all acts or omissionsof Contractor,its employees and others engaged in the Work on behalf of Contractor. 5.1L6 Contractor and the Work must comply with all Applicable Law and the requirements of any applicable grant agreements. 5.2 Authorized Representative 5.2.1 Priorto commencing Work,Contractor shall designate in writing a competent,authorized representative(s) acceptableto the County to represent and act for Contractor (“Authorized Representative”).Absent such written designation, Contractor’s Jobsite superintendentshall be deemed Contractor's AuthorizedRepresentative and s/he shall be authorized to receive and accept any and all communications from the County or the County’s Project Manager.All communication sgiventotheAuthorizedRepresentativeshallbebindinguponContractor-An Authorized Representativemay be added, removedor changed upon prior written notice given pursuant to Section 14.21 titled “Written Notice”. 5.2.2 At all times while performing the Workand Warranty Work,Contractor shall have one or more Authorized Representatives present on the Jobsite.Such AuthorizedRepresentative shall be capable to effectively communicatewith the County or the County’s Project Manager,execute and enforce applicableContract Documents and addressJobsite safety and environmentalrequirements. 5.3 Environmental,Safety and Health 5.3.1 Safe..and Protection.Contractor shall be solely and exclusively responsiblefor conducting operations under this Contract to avoid risk of harm to the health and safety of persons and property and for inspecting,supervisingand monitoring all equipment,materials (whether in storage on or off the Jobsite),work practices and safety precautions (including but not limited to adequate maintenanceof traf?c)used in the Work to ensure compliance with its obligations under this Contract. Contractor shall provide or cause to be provided necessary training and furnishall safety construction equipment/tools, including OSHA compliant and ANSI certi?ed personal protective equipment as appropriate and necessary for the performance of the Work,to its subcontractors of every tier and enforce the use of such training and safety construction equipment/tools. 5.3.2 Com liance.Contractor shall comply with all Applicable Laws bearing on the safety of persons or property,or their protection from damage,injury or loss including compliance with applicablepermits,Project plans and approvals.To the extent allowed by law,Contractor shall assume all responsibilityand liabilitywith respect to all matters regarding the safety and health of its employees and the employees of Contractor’s subcontractors and suppliers of any tier,with respect to the Work. 5.3.3 Sto Work Authorit .Notwithstanding the foregoing,the County reserves the right to direct Contractor to stop Work and correct an unsafe condition at any time that any person present at the Jobsite identi?es any unsafe conditionor action.For this purpose only,any person at the Jobsite is authorized to act on behalf of the County. 5.3 .4 Safe Re resentative.Prior to commencing Work,Contractor shall designate in writing a member(s)of its Jobsite constructionteam as its Safety Representative.Such Safety Representativeshall be acceptable to the County and shall"have responsibility for implementing all safety procedureS,including OSHA,responsibility for the prevention of accidents, authority for monitoring safety of the Work,authority to correct unsafe conditions or acts by its employees or Subcontractors,the ability to oversee compliance with and address environmental requirements,and coordinate with other on—sitecontractors and subcontractors on safety and environmentalmatters required for the Work.In the absence of the required written designation,this person shall be Contractor’sSuperintendent. 5.3.5 Safe Re ortin Re uirements.Contractor shall maintain accident and injury records as required by Applicable Law.Such records will be made available to the County upon request.Contractor shall immediately report to the County any death,injury or damage to property incurred or caused by Contractor’s employees and employees of Contractor’s subcontractors and suppliers of any tier. 5.3.6 Dru Free Work lace.By signing this Contract,Contractor agrees to maintain a healthy and productive workforce and safe working conditions thru compliance with the Drug-Free Workplace Act (Chapter 112,Florida State Statutes). Contractor’s personnel shall not possess,use,manufacture,distribute or be under the influence of while on the Jobsite (or any other location where the provisions of this Contract applies)alcoholic beverages and/or illegal drugs or any other “Drug” SIC (MCA-TO)2022,REV6 (05.02.2024)Page 15 of34 Agenda Item #8.A. 22 Jun 2026 Page 55 of 218 as such term is de?ned in the Drug-Free Workplace Act. 5.3.7 Occu ational Safe and Health Act OSHA .Contractor warrants that all materials,equipment,services,etc., delivered or provided to the County shall conform in all respects to the standardsset forth in the Occupational Safety and Health Act (OSHA)of 1970 as amended and the failure to comply will be considereda breach of this Contract.Contractor further certi?es that if material,equipment,service,etc.,delivered or provided to the County is subsequently found to be de?cient in any OSHA requirement in effect on date of delivery or service ful?llment date,all costs necessary to bring the material,equipment,service,etc.,into compliance with the aforementionedrequirements shall be borne by Contractor. 5.3.8 Toxic Substances/FederalHazard Communication “Ri ht to Know and Understand”Re ulations The Federal “Right to Knowand Understand”Regulation (also known as the Hazard Communication /Globally HarmonizedSystem of Classi?cation and Labeling of Chemicals (GHS)implementedby OSHA requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace,and to provide training in safe chemical storage,labeling,handling practices and emergency procedures. 5 3.8.1 Accordingly,Contractor is required to provide completed Safety Data Sheets (SDS)for each hazardous substance provided to the County under this Contract.This includes hazardoussubstancesthat are not directly included in the Contract Documents,but are includedin the goods or services provided by Contractor to the County.The SDSfor each substance must be sent to the County’s Project Manager and must also be sent to: St.Johns County,a political subdivision of the State of Florida 500 San Sebastian View St.Augustine,FL 32084 Attn:Risk Management 5.3.8.2 In the event that hazardous material is improperly handled or stored by Contractor,its subcontractors,any sub- subcontractors,or any employee or agent of any of the aforementioned which results in contamination of the Jobsite, Contractor shall immediately notify the County and the appropriate governmental authority and shall take whatever action is necessary or desirable to remediate the contamination at Contractor’ssole cost and expense.Further,Contractor shall indemnify and hold harmless the County from any and all cost,expense,action,or liability whatsoever resulting from such contaminationand/or remedial activities.The indemnity provisions of this section shall survive the expiration or earlier termination of this Contract. ARTICLE VI PROJECT MANAGER 6.1 Project Manager Responsibilities 6.1.1 The County shall designate as its representative a Project Manager who shall be fully acquainted with the Project. The Project Manager shall be the County’s representative from the Effective Date of this Contract until ?nal payment has been made.The Project Manager shall be authorized to act on behalf of the County only to the extent provided in this Article VI. 6.1.2 The County and Contractor shall communicate with each other in the ?rst instance through the Project Manager. 6.1.3 The Project Manager shall be the initial interpreter of the requirements of the Drawings and Speci?cations and the judge of the performance there under by Contractor.The Project Manager shall render written or graphic interpretations necessary for the proper execution or progress of the Work with reasonable promptness on request of Contractor. 6.1.4 The Project Manager shall review Contractor’s Applications for Payment and shall con?rm to the County for payment to Contractor,those amounts then due to Contractor as provided in this Contract. 6.1.5 The Project Manager shall have authority to reject Work,which is defective or does not conform to the requirements of this Contract.If theProject Manager deems it necessary or advisable,the Project Manager shall have authority to require additionalinspection or testing of the Work for compliance with Contract requirements at Contractor’s expense. 6.1.6 The Project Manager shall review and accept,or take other appropriateaction as necessary,concerning Contractor’s submittals including but not limited to Shop Drawings,Product Data and Samples.Such review,acceptance or other action SJC (MCA-TO)2022,REV6 (05.02.2024)Page 16 of 34 Agenda Item #8.A. 22 Jun 2026 Page 56 of 218 ‘- Im .m I H' shall be for the sole purpose of determining conformance with the design concept and information given through the Contract Documents. 6.1.7 The Project Manager may authorize minor changes in the Work by ?eld order as provided elsewhere herein.The Project Manager does not have authority to approve adjustments to the Contract Price or Contract Time.If at any time Contractor believes that acts or omissions of the County constitutea change to the Work,Contractor shall submit a writte nnoticeinaccordancewiththerequirementsofArticleIX. 6.1.8 The Project Manager shall,upon written request from Contractor,conduct inspections to determine the date of Substantial Completion and the date of Final Completion,shall receive and forward to the County for the County’s review and records,written warranties and related documents required by this Contract and shall issue a Final Certi?cate for Payment upon compliance with the requirements of this Contract. 6.1.9 The Project Manager’s decision in matters relating to aesthetic effect shall be ?nal if consistent with the intent of this Contract. 6.2 Field Orders The Project Manager shall have authority to order minor changes in the Work not involving a change in the Contract Price or Contract Time and not inconsistentwith the intent of this Contract.Such changes shall be affected by written ?eld order and shall be binding upon Contractor.Contractdr shall carry out such ?eld orders promptly. ARTICLE VII SUBCONTRACTORS 7.1 Award of Subcontracts 7.1.1 Contractor shall be responsible for all Workperformedunder the ContractDocuments.All persons engaged in the Work of the Project are the responsibilityand under the control of Contractor.Contractor shall furnish the Project Manager, in writing,the names of persons or entities proposed by Contractor to act as a Subcontractor on the Project.The Project Manager shall promptly reply to Contractor,in writing,stating any objections the Project Manager may have to such proposed Subcontractor.Contractor shall not enter into a Subcontractwith a proposedSubcontractor with reference to whom the Project Manager has made a timely objection. 7.1.2 Contractor shall give personal attentionto ful?llment of the Contract and shall keep the Work under Contractor's control.When any Subcontractor fails to execute a portion of the Work in a manner satisfactory to the County,Contractor shall remove such Subcontractor immediately upon written request from the County,and the Subcontractor shall not again be employed on the Project.The County will not entertain requests to arbitrate disputes among Subcontractors or between Contractor and Subcontractor(s)concerning responsibility for performing any part of the Work. ARTICLE VIII CONTRACT DISPUTES/CLAIMS 8.1 Contract Claims 8.1.1 If any diSpute between the County and Contractor arises under this Contract and such dispute cannot be resolved by good faith negotiations at the ?eld level between the Project Managers of the Contractor and County,such dispute shall be promptly escalated to the Senior Representatives of the Parties,upon request of either party,who shall meet as soon as conveniently possible,but in no case later than fourteen (14)calendar days after such a request is made,to attempt to resolve such dispute or disagreement.Five_(5)calendar days prior to any meetings between the Senior Representatives,the parties will exchange relevant information that will assist the parties in resolving the dispute or disagreement. 8.1.1.1 The Senior Representative for the County shall be the Director,or designee,of the County’s Utility Department. 8.1.1.2 The Senior Representative for the Contractor shall be the supervisor of the Project Manager,or a principal of the Contractor. 8.1.2 If after meeting,the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties,the Contractor s hall submit a Contract Claim as provided herein. 8.1.3 Prior to filing a Contract Claim,Contractor shall ?rst exhaust all remedies set forth in the Contract Documents. SJC (MCA-TO)2022,REV6 (05.02.2024)Page 17 of 34 Agenda Item #8.A. 22 Jun 2026 Page 57 of 218 JI III I IN I I I Claims arising from this Contract shall be ?led with the Purchasing Director within ?ve (5)business days of exhausting all remedies set forth above.Pending ?nal resolution of a dispute or claim,unless otherwiseagreed in writing by both parties, the Contractor is required to proceed with performance of the Work and maintain effective progress to complete the Work within the Contract Time set forth herein.The Contract Claim shall include,at a minimum,the following: a)The name and address of the Contractorand any legal counsel;and b)The Contractor’s address to which the County’s rendered decisions shall be sent;and 0)Identi?cation,and a copy,of the ?nal adverse decision or document that is the subject of the Contract Claim and any exhibits,evidence or documents which the Contractor deemsapplicable to the issues raised in the Claim;and d)Identification of the administrativeremedies providedfor in the Contract that were pursued prior to the Claim and the outcome;and e)A statement of the grounds for each iSSueraiSedin the Contract Claim to be reviewedand the applicable provisions of the Contract,as well as any applicable Laws,or other legal authorities which the Contractor deems applicable to the Claim. 8.1.4 During the Purchasing Director’s review of the Contract Claim,the Purchasing Director may request additional information from the project team of both parties.The parties must provide the requested information within the time period set forth in the request.Failure of either party to timely comply may result in resolution of the Claim without consideration of the requested information. 8.1.5 The Purchasing Director shall render a decisiononthe Contract Claim within twenty-one (21)calendar days of the deadline for receipt of all requested information.The written decision of the Purchasing Director shall be sent to the Contractor at the address provided in the Contract Claim,or as otherwise agreed to by the parties. 8.1.6 The decisionfor any Contract Claim by the Purchasing Director may be appealed by the Contractor to the County Administrator.Contractor must submit their appeal to the County Administrator,including any and all information, documentation,backup data,or other supplemental facts or?gures within ?ve (5)business days of receipt of the Purchasing Director’s decision.Failure by the Contractor to submit an appeal within the prescribed timeframe shall be a waiver of a right to appeal the rendered decision.The appeal shall include any and all information,documentation,and data relative to the Contract Claim and subsequent appeal.The County Administrator shall rendera decision within thirty (30)calendar days of receipt of all information.The County Administrator’s decision shall be considered?nal,unless Contractor takes legal action in Circuit Court.- ARTICLE IX CHANGES IN THE WORK 9.1 General 9.1.1 The County may,at any time,without invalidating this Contract and without notice to sureties,direct changes in the Work within the general scope of this Contract,consisting of additions,deletions,revisions,or any combinationthereof, by Change Order or by ?eld order.Contractor agrees to promptly comply with such orders and proceed with the Work, which shall be performedunder the applicablerequirementsof the Contract Documents.Contract Time and Contract Price will be adjusted,in accordancewith Sections 9.2 and 9.3 below,by written Change Order for changes which materially increase or decrease the cost of or time for performance of the Work. 9.1.2 If at any time Contractor believes that acts or omissions of the County constitute a change to the Work,Contractor shall submit a written notice to the Project Manager explainingin detail thebasis for the change request.Contractor’s written notice must be furnished within ?ve (5)days of the commencement of the event giving rise to the claim or Contractor’s knowledge of the claim,and the notice shall state the general nature and cause of the claim.Thereafter,within twenty (20) days after the termination of the event giving rise to the claim or Contractor’s knowledge of the claim,Contractor shall submit written notice of the extent of the claim with supportinginformation and documentationto the Project Manager and County.IT IS EXPRESSLYAND SPECIFICALLYAGREEDTHATANY AND ALLCLAIMSFOR CHANGESTO THE CONTRAC TTIMEORCONTRACTPRICESHALLBEWAIVEDIFNOTSUBMITTEDINSTRICTACCORDANCEWITH TH EREQUIREMENTSOFTHISSECTION.Pending ?nal resolution of any such claimrequest,Contractor shall diligently proceed with performance of this Contract regardless of any dispute concerning performance of the Work or the amount Contractor is to be paid for such Work. 9.2 Changes in the Contract Time SJC (MCA-TO)2022,REV6 (05.02.2024)Page l8 of 34 Agenda Item #8.A. 22 Jun 2026 Page 58 of 218 9.2.1 The Contract Time will be extended by Change Order in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim for an extension is submitted in accordance with Section 9.1.2 above. 9.2.2 If Contractor is delayed in progressingany task which at the time of the delay is then critical or which during the delay becomes critical,as a direct result of unusuallyadverse weather conditions not reasonably anticipated,or any other causes beyond Contractor’s reasonable control and not attributableto Contractor or Contractor’s Subcontractor’sactions or failure to act,then the date for achieving SubstantialCompletionof the Work may be extended for suchreasonable time as the Project Manager may determine.An extensionof Contract Time shall be Contractor's sole and exclusive remedy for delay unless the delay is solelycaused by fraud,bad faith or active interference on the part of the County or its representatives .In no event shall Contractor be compensatedfor interimdelaysthat do not extendthe Contract Time. 9.2.3 Extensions to the Contract Time for delays caused by the effects of inclementweather shall be submitted as a request for a change in the Contract Time pursuant to paragraph 9.1.2 above.Time extensions are justi?ed only when rain,other inclement weather conditions,or related adverse soil conditionsresult in Contractor’s inability to work at least ?fty percent (50%)of the normal workday on controlling items of Workidenti?ed on the accepted schedule or updates to that schedule. 9.2.4 Contractor shall,at no cost to the County,take all precautions necessary to secure the Project Jobsite from any damage that may be caused by all threatened storm events,regardless of whether the County has given notice of same. Compliance with any speci?c storm event precautions will net constitute additional work.Suspension of the Work caused by a threatened or actual storm event,regardless of whetherthe County has directed such suspension,will entitle Contractor to additional Contract Time only and shall not give rise to a claim for a change in the Contract Price. 9.3.2.5 Force Ma'eure Events 9.2.5.1 The Contractor shall not be held responsiblefor any delay or failure in performance of any part of this Contract to the extent such delay or failure is caused by a Force Majeure Event,as de?ned herein,so long as the Contractor’s delay is not caused by the Contractor’s own fault or negligence.Notwithstanding the foregoing,the Contractor cannot claim Force Majeure for any emergency,exigency,or “act of God”that is already contemplated in the Work,or any other performance by the Contractor,that is contemplated in this Contract,or that in any way existed or was reasonably foreseeable or within the control of the Contractor at the time this Contract was executed. 9.2.5.2 In order to claim delay pursuant to this provision,Contractor must notify the County,in writing,within ?ve (5) business days of the beginning of the Force Majeure Event,which Contractor claims caused the delay or failure by the Contractor to perform under this Contract. 9.2.5.3 If Contractor’s delay or failure,caused by a Force Maj eure Event,extends beyond a period of thirty (3 0)calendar days,from the beginning of the Force Majeure Event,the County shall have the right to terminate this Contract,in accordance with the prOvisionsof this Contract,and shall only be liable to the Contractor for any Work performed and validated (if required for payment hereunder)prior to the date of terminationof this Contract. 9.2.5.4 If the Contractor’s delay is con?rmed by the County to be caused by a Force Majeure Event,the County may, upon written request of the Contractor,agree to equitably adjust the provisions of this Contract,including price, performance,and completion time,as may be affected by such delay.However,it is expressly understood by the Contractor that the County is not obligated to make any such adjustments to the provisions of this Contract,and shall do so only if it serves the best interest of the County.This provision shall not be interpreted to limit the County’s right to terminate for convenience. 9.3 Changes in the Contract Price 9.3.1 In connection with any claim by Contractor against the County for compensation in excess of the Contract Price, any liability of the County for Contractor’s costs shall be strictly limited to direct costs incurred by Contractor and shall in no event include indirect costs or consequential damages of Contractor. 9.3.2 Any change in the Contract Price resulting from a Change Order shall be determinedas follows: a)By mutual acceptance of a lump sum increase or decrease in costs.Upon the Project Manager’s request, Contractor shall furnish a detailed estimate of increased or decreased costs,together with cost breakdownsand SIC (MCA-TO)2022.REV6 (05.02.2024)Page 19 of 34 Agenda Item #8.A. 22 Jun 2026 Page 59 of 218 nn other support data as the Project Manager may reasonably request. b)By Unit Prices stated in the Contract Documents,or subsequently agreed upon payment. 0)By a manner or method mutually agreed by the County and Contractor. 9.3.3 If no mutual agreement occurs between the County and Contractor,then the change in the Contract Price,if any, shall than be determinedby the Project Manager on the basis of the reasonableexpenditures or savings of those performing, deleting or revising the Work attributableto the change,including,in the case of an increase or decrease in the Contract Price,a reasonable allowance for direct job site overhead and pro?t.In such case,Contractor shall present,in such form and with such content as the County or the Project Manager requires,an itemized accounting of such expenditures or savings shall be limited to the following:reasonable costs of materials,supplies,or equipment including delivery costs,reasonable costs of labor,including social security,unemployment insurance,fringe bene?ts required by a pre-existing Contract or by custom,and workers’compensation insurance,reasonable costs of premiums for all bonds and insurance,permit fees,and sales,use or other taxes paid by Contractor that are directly attributable to the changed Work.In no event shall any expenditure or savings associated with Contractor’s home of?ce or other non-Jobsite overhead expenses be includedin any change in the Contract Price.Pending ?nal determinationof reasonableexpenditures or savings to the County,payments shall be made to Contractor based on the Project Manager’s recommendationfor payment. 9.3.4 Costs which will not be allowed or paid in Change Orders or other claims under this Contract include,but are not limited to,the costs of preparing or reviewing change request/claimsor proposed Change Orders,change request/claim consulting costs;lost revenues;lost pro?ts;lost income or earnings;interest cost of any type other than those mandated by statute;reschedulingcosts;lost earnings;loss of other business;or the costs of Contractor representatives visiting the Jobsite or participating in meetings with the County,The County shall not be liable to Contractor for claims of third parties, including Subcontractors,unless and until liability of Contractor has been established therefore in a court of competent jurisdiction. 9.3.5 In the event there is an unforeseeable increase to the cost of project materials during the course,of this Contract, which exceeds twenty percent (20%),the Contractor must provide documentation demonstrating the original amount of the quoted materials,the updated quote for materials,and two (2)or more additional quotes from alternate sources for the materials demonstratingthe Contractor is providing the best value to the County.The County will review the information provided in accordance with Article IX. 9.4 Acceptance of Change Orders Contractor’s written acceptance of a Change Order shall constitute a ?nal and binding Contract toltheprovisions thereof and a waiver of all claims in connection therewith,whether direct,indirect,or consequential in nature. 9.5 Notice to Sureties Contractor shall notify and obtain the timely consent and approval of Contractor’s surety with reference to all Change Orders if such notice,consent or approval is,required by Contractor’s surety or by law.Contractor represents and warrants to County that Contractor is solely liable and responsible to so notify and obtain any such consent or approval.The Contractor is to provide certi?cation from the surety that the amount of a change order has been incorporated into the bond to cover the additional scope of work and/or cost associated with the Change Order. 9.6 Differing Site Conditions If during the course of the Work,Contractor encounters (1)subsurface or concealed conditions at the Project's J obsite that differ materially from those shown in the Contract Documents and frOm those ordinarily encountered and generally recognized as inherent in work of the character called for in this Contract;or (2)unknown physical conditions of the Project’s Jobsite,of an unusual nature,which differ materially from that ordinarily encounteredand generally recognized as inherent in work of the character called for in this Contract,then Contractor,without disturbing the conditionsand before performing any Work affected by such conditions,shall,within twenty-four (24)hours of their discovery,notify the Project Manager in writing of the existence of the aforesaid conditions.The Project Manager shall,within two (2)business days after receipt of Contractor’s written notice,investigate the site conditions identi?ed by Contractor.If,in the sole opinion of the Project Manager,the conditions do materially so differ and cause an increase or decrease in Contractor’s cost of,or the time required for,the performanceof any part of the Work,whether or not charged asa result of the conditions,the Project Manager may recommend an equitable adjustment to the Contract Price,or the Contract Time,or both.If ProjectManager and Contractor cannot agree on an adjustment in the Contract Price or Contract Time,the adjustment shall be referred to the Purchasing Director for determination in accordance with the previsions of Paragraph 1.1.6.No request by Contractor SJC (MCA-TO)2022,REVG(05.02.2024)Page 20 of 34 Agenda Item #8.A. 22 Jun 2026 Page 60 of 218 u n .,.I 1 . H u r u n u for an equitable adjustment to this Contract under this provisionshall be allowed unless Contractor has given written notice to the Project Manager in strict accordance with the provisions of this Article.No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certi?ed by the Project Manager as the date of Substantial Completion. The failure by Contractor to provide written notice as provided in this Paragraph 9.6 shall constitute a waiver by Contractor of any Claim arising out of or relating to such concealed or unknown condition. ARTICLE X UNCOVERING WORK,STOPPING WORK, AND ACCEPTING DEFECTIVE OR NONCONFORMING WORK 10.1 Uncovering Work 10.1.1 No Work or portion of Work shall be covered until inspectedby the County as required by the Contract Documents. If any of the Work is covered contrary to the request or direction of the County or the Project Manager or contrary to the requirements of the Contract Documents,Contractor shall,upon written request,uncover it for the Project Manager’s inspection and subsequently cover the Work in accordancewith the Contract Documents without adjustment to the Contract Time orContract Price.The provisions and obligations set forth herein shall apply even if the County ultimately determine s(after uncovering and inspection)that the underlying Work in question conforms to the requirements of the Contract Documents. 10.1.2 Should the County wish to either (i)re-inspect a portion of the Work that has been covered by Contractor in compliance with Paragraph 9.1.1,above,or (ii)inSpect a portion of the Work that has been covered by Contractor which is not required by the Contract Documents to be observed or inspected prior to its being covered and which the County did not speci?cally request to observe prior to its being covered,Contractor shall uncover the applicable portion of the Work upon written request.If the County determines that the Work uncovered conforms to the requirements of the Contract Documents,then the County will pay the costs of uncovering and replacement of the cover through a Change Order and will adjust the Contract Time by Change Order if the uncovering and replacementWork extendsthe most current Substantial Completion or Final Completion date,as applicable.If,however,the County determines that the Work uncovered does not conform to the requirements of the Contract Documents,then Contractor shall pay the costs of uncovering and replacement and shall not be entitled to an adjustment of the Contract Price. 10.2 Right to Stop Work If the Work is defective,or Contractor fails to supply suf?cient skilled workers,suitablematerials,or equipment or fails to furnish or perform the Work in such a way that the completedWork will conform to the Contract Documents,the County, acting through the Project Manager,may order Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated.The County’5 right to stop Work,or any portion thereof,shallnot give rise to any duty on the part of the County to exercise this right for the bene?t of Contractor or any other party. 10.3 County May Accept Defective or Nonconforming Work If the County chooses to accept defective or nonconforming Work,the County may do so.In such events,the Contract Price shall be reduced by the greater of (a)the reasonable cost of removing and correcting the defectiveor nonconforming Work,and (b)the difference between the fair market value of the Work had it not been constructed in such manner as to include defective or nonconforming Work.if the remaining portion of the unpaid Contract Price,if any,is insuf?cientto compensate the County for its acceptance of defective or nonconforming Work,Contractor shall,pay the County such remaining compensation for accepting defective or nonconforming Work. ARTICLE XI CONTRACT SUSPENSION AND TERMINATION 11.1 Suspension The County may,by written notice,order Contractor to suspend,delay or interrupt Work,in whole or in part,for a period of time as the County may determine.If such suspension delays Contractor’s ability to meet the authorized Contract Time, Contractor will be granted an extension of time as reasonably agreed by both parties.Contractor shall not be entitledto an adjustment to the Contract Time to the extent that performance is,was or would have been so suspended,delayed or interrupted by another cause,act or omission for which Contractor is responsible.Notwithstanding anything tothe contrary in this Contract and,in the event any such suspension exceeds ninety (90)days,Contractor may,upon ten (10)days written notice to the County,terminate performance under this Contract and recover from the County an equitable adjustment in SIC (MCA-TO)2022,REV6 (05.02.2024)Page 21 01°34 Agenda Item #8.A. 22 Jun 2026 Page 61 of 218 |I ..I I . _‘I I I I I:‘n -II -‘I I-.~ _ I "II II =I II I I I .-I '"-'"'I L‘II I II III .I III I I '_"II I -I I v_-.I 'E 'r 'I I I. -II :.I I H I II = ''I LI _ I.I -I.I :_I I I. .I u .II I I II . I II I _ ''I “I I I I I I II I “.I .I _I ___ I 'III ——I "''.‘II V -I ..I I-I ‘I III I -II I.- -'.H .II I .I I II '--..I H '|I —.-=I -. L I "‘|'-'-JI I.I =I I I I --=I III - I I I —. III III II_ .I _.I I . ~.II II :I II "I I II I . -II IFIII I-I I *-,-I I I I I I I 'I H I I , I '-..I I _ ''I .—II.I II I I '._ II ‘IV I I -_-II I. I I.I I I 'I I - I I“I I F -I -I-‘|. II II | 5 .t I II Ill I-L t I .I II I II I . '.I -II I -II .- I.I I I -II I -.aI I I I--I II ''.I.IIIII I I I I I : I 'I II I "I I _ I II I .- II II ..;-I I I 'A 'I I II ’7 '-'I II II n I I:_ ''‘I :II — 'u II I I I .I ‘ 'II 'II I":I I II '1 .... r-.-I I I ‘I .II I r , 2 :I IlV-l '; IIII '-I H I .4 ,I . .u .I accordance with Section 9.3 above. 11.2 Termination 11.2.1 The County may by written notice to Contractor terminatethe Work under this Contract in whole or in part at any time for the County’s convenience or for the default of Contractor. 11.2.2 The County may terminate this Contract,in whole or in part,for its convenience upon thirty (30)calendar days written notice to the-Contractor.If the terminationis for the convenience of the County,an equitable adjustment in the compensation to be paid to the Contractor maybe made based upon the cost for completed Work,Work in progress,and the substantiated,reasonable and actually incurred costs associated with termination,including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors.No amount shallbe allowed for anticipated pro?t or unperfonned Work. 11.2.3 Contractor may terminate this Contract,for any reason up to sixty (60)calendar days written notice,provided that any outstanding Work is completed by Contractor,or Contractor’s Subcontractors.Contractor further agrees to cooperate fully and assist the County,upon request,in order to complete any Work under this Project.In such event,the County shall compensate the Contractor as mutually agreed in writing for any such Work after termination. 11.2.4 The County may terminate this Contract,in whole or in part,for cause (or “default”).In the event of Contractor’ sdefault,the County shall issue a Notice of Default to the Contractor,articulating the items whichthe County ?nds to be in default of the requirements of this Agreement.Contractor shall have ten (10)calendar days from receipt of the Notice of Default to remedy de?ciencies or submit,in writing,an acceptable plan for remedying the de?ciencies identi?ed in said notice.If Contractor fails to remedy such de?ciencies,or to submit an acceptable plan for remedying such de?ciencies,to the satisfaction of the County within the stated time period,the County shall issue a Notice of Termination,and take over and prosecute the Work to completion.In such case,Contractor shall be liableto the County for all reasonable additional costs incurred by the County in completionof the Work. 11.2.5 Upon receipt of such termination notice Contractor shall immediately stop all Work and shall immediately cause any and all of its Subcontractors and material suppliers at any tier,to immediately stop all work,leaving the construction Site in a safe and secured condition.Contractor shall not be paid for any work performed or costs incurred after the termination date that reasonably could have been avoided.The County may direct Contractor to assign Contractor’sright, title and interest under terminated orders or subcontracts to its designee. 11.2.6 Contractor shall not remove from the constructionJobsite any materials,equipment,plant or tools that have been paid for by County pursuant to this Contract.Contractor hereby grants the County a free and unimpeded right of access to Contractor’s facilities,which shall survive any terminationof the Contract,for the purpose of permittingthe County to take control of and remove any Work,including but not limited to any Work for which title has vested in the County. 11.2.7 For purposes of this Termination provision,Contractor shall be deemed in default if Contractor (1)persistently or repeatedly refuses or fails to perform the Work in a timely manner,(2)fails to supply enough properly skilled Workers, supervisory personnel or proper equipment or materials,(3)fails to make prompt payment to Subcontractors,or for materials or labor,(4)becomes insolvent or becomes the subject of voluntary or involuntary bankruptcy proceedings,(5)persistently disregards laws,ordinances,rules,regulations or orders of any public authority having jurisdiction,or (6)breaches or violates a material provision of this Contract.If the termination is attributableto the default of Contractor,the County shall have the right,without prejudice to any other right or remedy,to take possession of the construction Jobsite and of all materials,equipment,tools,constructionequipment and machinery thereon owned by Contractor and may ?nish the Work by whatever methods it may deem expedient.In such case,Contractor shall not be entitled to receive any further payment until the Work is ?nished. 11.2.8 If the unpaid balance of the Contract Price less any liquidated damages due under this Contract,exceeds the cost of finishing the Work,including compensation for the Project Manager‘s additional services and expenses made necessary thereby,Contractor shall pay the difference to the County.This obligation for payment shall survive the termination of the Contract. 11.2.9 If,after termination by the County for Contractor’s default,it is determined by a Court of competentjurisdiction that Contractor was not in default,or that the delay was excusable,the rights and obligations of the parties,including SJC (MCA-TO)2022.REV6 (05.02.2024)Page 22 of 34 Agenda Item #8.A. 22 Jun 2026 Page 62 of 218 I II I U l I '''0 '1' II ___ I .I II I _ I -I 'I IIr -'I “I I I I.II. II III ‘I --'|I‘II ".H -I 'J I ‘'"E II I I,'II I II II I.II -“I I I v,I I E 'I'-'I I 'I ' ¢.. I.II ..II I II -l II“|- I I -I -I -‘I v \I II vs II I ..E}I ,.I .I I II I _I =I -I .- 7 -II I - I I I II .I I II ‘.I a ‘l'N I.I U "‘-'‘ I _I I I I -:II -|. I .-II I .III I .II _I :I -.Ir . I :II "I ~II .II II .II I |i .I I I I III I I II I I I 'I I '_'"'I _.I II . I .I,. I I . I _I.I _I :1 I . I .I ;'-I I -I .-V‘;-''--II ''‘ I I III .. I I I..I III.I _I = _I I-:II "|‘,-- II I II I I I --.I ., .I II I-l n r II ‘I _--.I I -"II .III-I -"‘'' .I _.I II 1 av :II ..I -I IIzII I I II -''"" I I -I I I .I 'II III III II I I I I -I I-_I 4 I _I II II I .I I I .I - adjustment of the ContractPrice,will be the same as if the termination had been issued for the convenienceof the County, as provided under Paragraph 11.2.4 above. ARTICLE XII WARRANTY AND INDEMNITY 12.1 Warranty 12.1.1 Contractor warrants and guarantees to the County that all labor furnished to progress the Work under this Contract shall be competent to perform the tasks undertaken and that the product of such labor shall yield only ?rst-class results and that all materials and equipmentfurnished under this Contract shall be of good quality,free from faults and defects and in strict conformance with the Contract Documents. 12.1.2 Contractor warrants all materials,equipment and labor it furnishes or performs under this Contract against all defects in design,materials and workmanship for a period of one year (or the period of time in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work,whichever is later)from and after the date of Final Completion.Contractor shall within ten (10)Days after being noti?ed in writing by the County of any defect in the Work or non-conformance of the Work (Warranty Work),commence and prosecute with due diligence all Work necessary to ful?ll the terms of the warranty at its sole cost and expense.Contractor shall act sooner as requested by the County in response to an emergency.In addition,Contractor shall,at its sole cost and expense,repair and replace any portions of the Work (or work of other contractors)damaged by its Warranty Work or which becomes damaged in the course of repairing or replacing Warranty Work.For any Work so corrected,Contractor's obligation hereunder to correct Warranty Work shall be reinstated for an additional one-year period,commencing with the date of acceptance of such corrected Work. 12.1.3 Contractor shall perform such tests as the County may require to verify that any corrective actions,including, without limitation,redesign,repairs,and replacements comply with the requirements of the Contract Documents.All costs associated with such corrective actions and testing,including the removal,replacement,and reinstitutionof equipment and materials necessary to gain access,shall be the sole responsibilityof Contractor. 12.1.4 All warrantiesand guarantees of subcontractors,suppliers and manufacturers with respect to any portion of the Work,whether express or implied,are deemed to be obtained by Contractor for the bene?t of the County,regardless of whether or not such warranties and guarantees have been transferred or assigned to the County by separate Contract and Contractor agrees to enforce such warranties and guarantees,if necessary,on behalf of the County. 12.1.5 In the event that Contractor fails to perform its obligations under this Warranty Section,or under any other warranty or guaranty under this Contract,to the reasonable satisfaction of the County,the County shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.Contractor shall be obligated to fully reimburse the County for any expenses incurred hereunder upon demand. 12.1.6 Failure on the part of the County to reject defective,non-conforming or unauthorized Work shall not release Contractor from its contractual obligations,be construed to mean acceptance of such Work or material by the County,or, after Final Completion,bar the County from recovering damages or obtaining such other remedies as may be permitted by law. 12.1.7 No adjustment in the Contract Time or Contract Price will be allowed because of delays in the performanceof the Work as a result of correcting defective,non-conforming or unauthorized Work. 12.1.8 County and Contractor agree that the provisions of Florida Statute Chapter 558 shall not apply to this Contract. 12.2 Indemnity 12.2.1 Contractor shall indemnify and hold harmless the County and its officers and employees (“Indemni?ed Party”), from liabilities,damages,losses and costs,including,but not limited to,reasonable attorney’s fees,to the extent caused by the negligence,recklessness,or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. SJC (MCA-TO)2022,REVS (05.02.2024)Page 23 of 34 Agenda Item #8.A. 22 Jun 2026 Page 63 of 218 n I. ,,L I I..I I I..I I u I . .I .II ;.. II I . I f__I I.I I I ' -I _II Ir I -a II I |I.. H II -I II I I I I II II L''II II -I I I :.I I.I III II II I I -.I-I .l h =II I r.‘u I -II I _ I ;II I I 'E '.-II I II-I:I .I II .I I I III.I II II - :1 I.I ,a I.I.II --, I_I I -v II.II I I I I |-II I 'I ‘l ;-H i"'v I I.... I II II ‘I '1 H I!- I) 12.2.2 To the extent permitted by,and in accordance with Section 725.06 of the Florida Statues,Contractor further agrees that “damages,losses and costs”,includes ?nes,citations,court judgments,insurance claims,restoration costs or other liability,to the extent caused by the negligence,recklessness,or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. 12.2.3 To the extent permitted by,and in accordance with Section 725.06 of the Florida Statues,for purposes of indemnity, the “persons employed or utilized by Contractor”shall be construed to include,but not be limited to,Contractor,its staff, employees,subcontractors,all deliverers,suppliers,fumishers of materials or services or anyone acting for,on behalf of,or at the request of Contractor. 12.2.4 In Claims against any person or entity indemni?ed hereunder by an employee of Contractor,any Subcontractor,or subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the indemni?cation obligation under this Section 11.2 shall not be limited by a limitation on the amount or type of damages, compensation or bene?ts payable by or for Contractor or any Subcontractor or subcontractor under any workers’ compensation acts,disability bene?ts acts or other employee bene?t acts. 12.2.5 Contractor’s indemnity and hold harmless obligations hereunder shall extend to all Claims against the County by any third party or third-party bene?ciary of this Contract and all liabilities,damages,losses and costs related thereto. 12.2.6 This indemni?cation will not be valid in the instance where the loss is caused by the gross negligence,or willful, wanton or intentional misconduct of any Indemni?ed Party. 12.2.7 If any provision(s),or portion(s)of a provision(s)of this Section,or the application thereof to any person or circumstance shall,to any extent,be held to be invalid,illegal or unenforceable for any reason whatsoever,the validity, legality and enforceability of the remaining provisionCs),or part of the provision(s),shall not in any way be affected or impaired thereby;and shall be interpreted to the fullest extent possible to be enforceable and to give effect to the intent manifested by the provision(s),or portion(s)thereof,held invalid,illegal or unenforceable. 12.2.8 Contractor shall further indemnify and hold harmless the County its of?cers and employees from and against all Claims arising out of any infringement of patent rights or copyrights incident to the use in the performanceof the Work or resultingfrom the incorporationin the Work of any invention,design,process,product,or device not speci?ed in the Contract Documents and shall defend such Claims in connectionwith any alleged infringement of such rights. 12.2.9 The indemni?cation provisions of this Section 12.2 shall survive expiration or earlier terminationofthis Contract. ARTICLE XIII INSURANCE AND BONDS 13.1 Contractor’s Insurance Requirements 13.1.1 All insurance policies shall be satisfactory to the County and be issued by companies authorizedand duly licensed to transact business in the State of Florida.Contractor shall furnishproof of insurance to the County prior to execution of this Contract.No Work shall commence under this Contract until Contractor has obtained all insurance coverages required under this section.Certificates of insurance shall clearly indicate Contractor has obtained insurance of the type, amount,and classi?cation as required by this Contract.Required insurance coverage shall be maintained in force, including coverage for Additional Insureds,until Final Completion of all Work including Warranty Work. 13.1.2 No less than ten (10)days written notice shall be providedto the County prior to cancellation,non—renewalor any material change of required insurance policies.Yearly renewal certi?cates shall be provided to the County within thirty (30) days of expiration of the current policy. 13.1.3 The types and amounts of insurance required under this Contract do not in any way limit the liability of Contractor including under any warranty or indemnity provision of this Contract or any other obligation whatsoever Contractor may have to the County or others.Nothing in this Contract limits Contractor to the minimum required insurance coverages found in this Article XIII. 13.2 Additional Insured Endorsements and Certi?cate Holder The term “Additional Insured”,as used in this Contract,shall mean St.John’s County,its elected of?cials,officers, SJC (MCA-TO)2022,REVG(05.02.2024)Page 24 of34 Agenda Item #8.A. 22 Jun 2026 Page 64 of 218 employees,agents and representatives.Certi?cates of insurance shall speci?cally name each Additional Insured for all policies of insurance except Workers’Compensation and Professional Liability.A copy of the endorsementshowing the required coverages must accompany the certi?cate of insurance. Certi?cate Holder Address:St.Johns County,a political subdivision of the State of Florida 500 San Sebastian View St.Augustine,FL 32084 Attn:Purchasing Department 13.3 Workers Compensation Contractor shall procure and maintain during the life of this Contract,adequate Workers’Compensation Insurance in at least such amounts as is required by law for all of its employees per Florida Statute 440.02. 13.4 Commercial General Liability Contractor shall procure and maintain during the life of this Contract,Commercial General Liability Insurance with minimum limits of $1,000,000 per occurrence,$2,000,000 aggregate,including bodily injury (including wrongful death), property damage,products,personal &advertising injury,and completed operations.This insurance must provide coverage for all Claims that may arise from the services and/or operations completed under this Contract,whether such services or operations are by Contractor or anyone directly or indirectly employed by them.Such insurance(s)shall also be primary and non—contributorywith regard to insurance carried by the AdditionalInsureds. 13.5 Commercial Automobile Liability Contractor shall procure and maintain during the life of this Contract,Commercial AutomobileLiability Insurance with minimum limits of $2,000,000 combined single limit for bodily injury and property damage liability and insuring liability arising out of or in any way related directly or indirectly to the ownership,maintenance or use of any owned,non—OWnedor rented/hired automobiles. 13.6 Additional Coverages ONLY THE SUBSECTIONS CORRESPONDING TO ANY CHECKED BOX IN THIS PARAGRAPH 13.6 WILL APPLY TO THIS CONTRACT. 13.6.1 III Professional Liabili . 13.6.1.1 Contractor shall procure and maintain,during the life of this Contract,Professional Liability or Errors and Omissions Insurance with minimum limits of $1,000,000 with 10-year tail coverage starting upon Final Completion. Contractor’s professional liability policy should not have an exclusion for environmental compliance management or construction management professionals. 13.6.1.2 In the event that Contractor employs professional engineering or land surveyor services for performing ?eld engineering or preparing design calculations,plans,and speci?cations,Contractor shall require the retained engineers and land surveyors to carry professional liability insurance with limits not lessthan $1,000,000 each claim with respect to negligent acts,errors,or omissions in connectionwith professionalservicesto be providedunder this Contract. 13.6.2 C Builders Risk. 13.6.2.1 Contractor shall procure and maintain Builder’s Risk (“all risk”)insurance on a replacement cost basis.The amount of coverage shall be equal to the full replacement cost on a completed value basis,including periodic increases or decreases in values through change orders. 13.6.2.2 The Builder’s Risk policy shall identify the County as the sole loss payee.The policy shall name as insured the County,Contractor and its subcontractors of every tier.Each insured shall waive all rights of subrogation against each of the other insured to the extent that the loss is covered by the Builder's Risk Insurance.The Builder's Risk policy shall be primary and any self-insurancemaintained by the County in not contributory.The Builder's Risk policy shallnot includea co-insurance clause.This coverage shall not be lapsed or cancelled because of partial occupancy by the County prior to Final Completion of the Work. SIC (MCA-TO)2022,REV6 (05.02.2024)Page 25 of34 Agenda Item #8.A. 22 Jun 2026 Page 65 of 218 l\‘ .I . I I ==I II I I I --.I I III I -I I I II _I 5 I .II...II N .I I I __I _.I ,I I II “I-|'' s I I .I II.I I I -, II __.I .. I I I . I -I --IN I 1'''-.-ln‘ _ I .I I .I .__ -'-I II ''II - I .III I ..1 u -I -II --‘I II I a II I I III I II '' I-III I I I .II -I :I _I I I II ‘'II;I -II II I 2 II .-I I -II 2 _1 EX I .-----:- _II _I I I 'I. I I -v II I I I 'I I 'l I 'I II I -I - III .I II .II I It II I I II I ‘ {I . I..I .---I:I =-I I I II I _II .'I .I ‘_.I ''I ‘I I --_II 'II II III IIIII "'-III "' III I ..:-I ,..:II :I I -II II III III I :I II I II -II ..II ” I II II .I v;I:II I '"‘‘-' <II I *I I:I '''1 II I I I .I ‘II "'''''.I ,I.II.a I I -I I .l I '-'' J I I '5:H '.I -I II ‘II '-.-:-'I 'II I . JsI 13.6.2.3 The Builder‘sRisk insurance shall: a.insure against at least the following perils or causes of loss:?re;lightning;Windstorm;riot;civil commotion;terrorism;vehicle impact;aircraft;smoke;the?;vandalism and malicious mischief; mechanical breakdown,boiler explosion,and arti?cially generated electric current;earthquake;volcanic activity,and other earth movement;?ood;collapse;explosion;debris removal including demolitionas may be reasonably necessary;and water damage (other than that caused by ?ood). b.cover,as insured property,at least the following:(i)the Work and all appurtenances,materials,supplies, ?xtures,machinery,apparatus,equipment and other property of a similar nature that are to be incorporated into or used in the preparation,fabrication,construction,erection,or completion of the Work including County furnished or assigned property;(ii)spare parts inventory required within the scope of the Contract; and (iii)temporary works which are not intended to form part of the permanent constructedWork but which are intendedto provide working access to the Jobsite,or to the Work under construction,or which are intendedto provide temporary support for the Work under construction,including scaffolding,form work, fences,shoring,falsework,and temporary structures. c.extend to cover damage or loss to insured property (i)while in transit;and (ii)while in temporary storage at the Jobsite or in a storage locationoutside the Jobsite (but not including property stored at the premises of a manufacturer or supplier). d.include (i)performance/start—upand hot testing;(ii)soft costs (e.g.design and engineering fees,code updates,permits,bonds,insurances,and inspection costs);and (iii)costs of funding or ?nancing when a covered risk causes delay in completing the Work. 13.6.4 The Builder's Risk Insurance may have a deductible clause.Contractor shall be responsible for paying any and all deductible costs.Notwithstandinganything to the contrary set forth above,the deductible for coverage of all perils and causes of loss enumerated in subparagraph 13.6.2.3 above shall not exceed $250,000. 13.7 Other Requirements 13.7.1 The required insurance limits identi?ed in Sections 13.4,13.5,and 13.6 above may be satis?ed by a combination of a primary policy and/or Umbrella or Excess Liability Insurance policy.Contractor shall require each lower-tier subcontractor to comply with all insurance requirements appropriate for its scope of work,and any de?ciency shall not relieve Contractor of its responsibility herein.Upon written request,Contractor shall provide County with copies of lower- tier subcontractor certi?cates of insurance. 13.7.2 Providing and maintaining adequate insurance coverage is a material obligation of Contractor.County has no obligation or duty to advise Contractor of any non-compliance with the insurance requirements containedin this Section.If Contractor fails to obtain and maintain all of the insurance coverages required herein,Contractor shall indemnify and hold. harmless the AdditionalInsureds from and against any and all Claims that would have been covered by such insurance had Contractor complied with its obligations herein. 13.7.3 County reserves the right to adjust the above minimum insurance requirements or require additional insurance coverages to address other insurable hazards. 13.8 Payment and Performance Bonds Contractor shall execute,furnish the County with,and record in the public records of St.John’s County,a Payment and Performance Bond in accordance with the provisions of Sections 255.05 and 287.0935 Florida Statutes,in an amount no less than the Contract Price.Such Payment and Performance Bond shall be conditionedupon the successful completion of all work,labor,services,equipment and materials to be provided and furnished hereunder,and the payment of all subcontractors,materialmen,and laborers.Said bond shall be subject to the approval of the Board of County Commissioners of St.John’s County,Florida.In accordance with Section 255.05,F.S.,the County may not make a payment to Contractor until Contractor has provided the County a certi?ed copy of the recorded bond. ARTICLE XIV MISCELLANEOUS 14.1 Independent Contractor SJC (MCA-TO)2022,REVG (05.02.2024)Page 26 of34 Agenda Item #8.A. 22 Jun 2026 Page 66 of 218 .II I -I -I - F I II ..I :II .I I II IL If .I I: I z.. I I I I I A I II-:III III I III ~-I I II I III II I I I I; :1.I .—= I_III!I I II I l I I ..I -:1I:A I.II ,1 II rvII I; II ..;I _.II -II I I l I I I Hi I II M. ..I ..I. I .xI III .I ;.I IIII 'I I .:I II -I I r‘L I _I u I I .--III I II “;‘H _‘II-.'- I I H I II III H..--.1"‘I-I'w:'I 'II I II ' ILI..z:.I ; IIIII I __.. I I .: I I , I ._ =-I III I H Contractor represents that it is fully experienced and properly quali?ed,licensed,equipped,organized,and ?nanced to perform the Work under this Contract.Contractor shall act as an independent contractor and not as an agent in performing this Contract and shall maintain complete control over its employees and all of its Subcontractors and suppliers of any tier, Nothing contained in this Contract or any lOWer-tiersubcontract or purchase order awarded by Contractor shall create any contractual relationship between any such subcontractoror supplier and the County.Contractor shall perform all Work in accordance with the requirements of this Contractand in accordance with its own methods subject to compliance with this Contract. 14.2 Examination of Contractor’s Records The County or its authorized representative shall,until the expiration of ?ve (5)years a?er ?nal payment under this Contract,have access to,and the right to examine any directly pertinent books,documents,papers and records of Contractor involving transactions relating to this Contract,and to make copies,excerpts and transcriptionsthereof.If any such examination reveals that Contractor has overstated any component of the Contract Price,Change Order,Claim,or any other County payment obligation arising out of this Contract,then Contractor shall,at the election of the County,either immediately reimburse to the County or offset against payments otherwisedue Contractor,the overstated amount plus interest.The foregoing remedy shall be in addition to any other rights or remedies the County may have. 14.3 Backcharges 14.3.1 Upon the County’s noti?cation to undertakeor complete unperformed Work such as cleanup or to correct defective or non-conforming services,equipment,or material (Backcharge Work),if Contractor states or by its actionsindicates it is unable or is unwilling to immediately proceed and/or complete the Backcharge Work in an agreed time;the County may perform such Backcharge Work by the most expeditious means available and backcharge Contractor for any and all costs thereby incurred by the County. 14.3.2 The County shall separately invoice or deduct and retain from payments otherwisedue to Contractor the costs for Backcharge Work.The County’s right to backcharge is in addition to any and all other rights and remedies provided in this Contract or by law.The County’s performance of the Backcharge Work shall not relieve Contractor of any of its responsibilities under this Contract and Contractor shall be responsible for the Backcharge Work as if it were its own. 14.4 Applicable Laws Contractor and the Work must comply with all Applicable Laws and the requirements of any applicable grant agreements. 14.5 Governing Law&Venue The Contract shall be governed by the laws of the State of Florida.Venue for any administrativeand/or legal action arising under the Contract shall be St.Johns County,Florida. 14.6 Assignment Contractor shall not sell,assign or transfer any of its rights,duties or obligations under the Contract,or under any Change Order issued pursuant to the Contract or make an assignment or transfer of any amounts payable to Contractor under the Contract,without the prior written consent of the County.In the event of any assignment,Contractor remains secondarily liable for performance of the Contract,unless the County expressly waives such secondary liability.The County may assign the Contract with prior written notice to Contractor of its intent to do so.This Contract may be assumed by and shall inure to the bene?t of the County's successors and assigns without the consent of Contractor. 14.7 Severability If a court deems any provision of the Contract void,invalid or unenforceable,that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 14.8 Section Headings The section and other headings contained in this Contract are for reference purposes only and shall not affect the meaning or interpretation of this Contract. 14.9 Disclaimer of Third-Party Bene?ciaries Page 27 of 34SJC(MCA-TO)2022,REvs (05.02.2024) Agenda Item #8.A. 22 Jun 2026 Page 67 of 218 ' I H. I n II I :2 :I -I I H I II 'I I I .I ‘l H =- II 'I' I I I I ..I. 'l ...»I.II .—. -H ''' M I II a I I z I I II II II:<I I "I 'I‘II um -3- I I :II -I 1 I ' I ; V |.‘I.... I:. .-1-»'_I.W k »_- II 'II I :l _-.1.I _ .I I _I II: I ~I I I II I I:I -I rI I I I.I‘‘ I .I I -I I -I II III-I.I u . ' .I I I“I I '-I ‘III II -II 'I _.3..._I .H I -II -‘ I ..|.v I II '3 r I I I I v I II 'I I I I -I II II :‘n:-"II .. I II II I I I I II I = I . Y .I I II.II I II II I I I.I I II 5 . 'I-I.I . II r._ 'I II - ”'I‘I 'II II II I I I I I I l I II I I. This Contract is solely for the bene?t of County and Contractor and no right or cause of action shall accrue to or for the bene?t of any third party not a formal party hereto.Nothing in this Contract,expressed or implied,is intended or shall be construed to confer upon or give any person or entity other than County and Contractor,any right,remedy,or Claim under or by reason of this Contract or any provisions or conditions hereof;and all of the provisions,representations,covenants and conditions herein containedshall inure to the sole bene?t of and shall be binding upon County and Contractor. 14.10 Waiver;Course of Dealing The delay or failure by the County to exercise or enforce any of its rights or remedies under this Contract shall not constitute or be deemed a waiver of the County’s right thereafter to enforce those rights or remedies,nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.The conduct of the parties to this Contract after the Effective Date shall not be deemed a waiver or modi?cation of this Contract. 14.11 No Waiver of Sovereign Immunity Nothing herein is intended to serve as a waiver of sovereign immunity by any agency or political subdivision to which sovereignimmunity may be applicable or of any rights or limits to liability existing under Section 768.28,Florida Statutes. This section shall survive the termination of all performance and obligations under this Contract and shall be fully binding until such time as any proceeding brought on account of this Contract is barred by any applicable statute of limitations. 14.12 Execution in Counterparts This Contract may be executed in counterparts,each of which shall be an original document,and all of which together shall constitute a single instrument.The parties may deliver executedcounterparts by e-mail transmission,which shall be binding. In the event this Contract is executed through a County-approved electronic signature or online digital signature service (such as DocuSign),such execution shall be valid,effective and binding upon the party so executing.Execution and delivery of an executed counterpart of this Contract and/or a signature page of this Contract by electronic image scan transmission (such as a "pdf"?le)or through a County approved electronic signature service will be valid and effective as delivery of a manually executed cOunterpart of this Contract. 14.13 Entire Contract This Contract for the Work,comprisedof the Contract Documents enumerated herein,constitutes the entire Contract between the Parties relating to the subject matter hereof and supersedes all prior or contemporaneous Contracts,negotiations, discussions and understandings,oral or written.This Contract may not be amended or modi?ed except in writing,as provided herein and signed by authorizedrepresentatives of both parties. 14.14 Survival The provisions of the Contract Documents which by their nature survive termination of the Contract,including without limitation all warranties,indemnities,insurance,payment obligations,and the County's right to audit Contractor‘s books and records,shall in all cases survive the expiration or earliertermination of this Contract. 14.15 Employment Eligibility and Mandatory Use of E-Verify As a condition precedent to entering into this Contract,and in accordance with section 448.095,F.S.,Contractor and its subcontractors shall register with and use the E—Verifysystem to verify the work authorization status of all employees hired on or after July 1,2023. a.Contractor shall require each of its subcontractors to provide Contractor with an af?davit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien.Contractor shall maintaina copy of such af?davit for the duration of this Contract. b.The County,Contractor,or any subcontractor who has a good faith belief that a person or entity with which it is contractng has knowingly violated section 448.090),F.S.or these provisions regarding employment eligibility shall terminate the contract with the person or entity. 0.The County,upon good faith belief that a subcontractor knowingly violated these provisions regarding employment eligibility,but Contractor otherwise complied,shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. SJC (MCA-TO]2022.REVS (05.02.2024)Page 28 of34 Agenda Item #8.A. 22 Jun 2026 Page 68 of 218 II IIx I..I II I .I I ..I I I t I I I I,.. ,_.I u I ".II -II I III II - I I II I II I .|I- ''_I III II -II I I I -I ='-‘ I.II .I-II .1 I I I I -II ’II F I ‘'I I :I i I I I'" II II I III.-I.II I :II ,II I I II I I I I I I I.I I 'II ‘6 I I r;-I .II 'III II '' .-I .I ..IIII..I ,_..I II I I I I I I I II I t _.II I - I II :I _‘I-1 III :-I I I z _II I II..I I I '"-'''' I _...-I.I I I . II _ I .III I -..II ' _II I ;I III r‘l.I .I t.I II II n 'H -H = II ’7 V I _5'I '2 ': .:,;II rIIII -II -.‘ II 'I I-:TI II I I 'I -I II I I III-I I II E III I I I I .'l d I I ‘.I.I II -.I I I I: - =I I ‘I‘ I II 'II I I b II I I, n 1 II I I ‘lI I Ir..=I II II TI I II 'I II 1 I I n t I .A I I - :I ,1.I I If --I I c .I I II--.II I I F I.I I .-I I I II III I I I. _II''II I ;7‘‘ I z:I II 'I I II I I II I .I I II I --.II I --..-. I _I..I d.The Contractor acknowledges that,in the event that the County terminates this Contract for Contractor’s breach of these provisions regarding employment eligibility,then Contractor may not be awarded a public contract for at least one (1)year after such termination.Contractor further acknowledges that Contractor is liable for any additional costs incurred by the County as a result of the County’s terminationof this Contract for breach of these provisions regarding employment eligibility. 14.16 Equal Employment Opportunity During the performance of this Contract,Contractor agrees as follows: 14.16.1 Contractor will not discriminateagainst any employee or applicant for employment because of race,color,religion, disability,age,sex (including sexual orientationand gender identity/expression),national origin (including limited English pro?ciency),marital status,or familial status.Contractorwill take af?rmative action to ensure that applicants and employees are treated during employment without regard to their race,color,religion,disability,sex,age,national origin,ancestry, marital status,sexual orientation,gender identity or expression,familial status,genetic information or political af?liation. Such action shall include,but not be limited to,the following:employment,upgrading,demotion or transfer,recruitment or recruitment advertisement,layoff or termination,rates of pay or other forms of compensation,and selection for training, including apprenticeship.Contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices setting forth the provisions of this non-discriminationclause. 14.162 Contractor will,in all solicitationsor advertisementsfor employees placed for,by,or on behalf of Contractor,state that all quali?ed applicants will receive considerationfor employment without regard to race,color,religion,disability,sex, age,national origin,ancestry,marital status,sexual orientation,gender identity or expression,familial status,or genetic information. 14.163 Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about,discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensationinformation of other employees or applicants as a part of such employee’s essential job functions discloses the compensationof such other employees or applicants to individualswho do not otherwise have access to such information,unless such disclosureis in response to a formal complaint or charge,in furtherance of an investigation, proceeding,hearing,or action,including an investigation conducted by the employer,or is consistent with Contractor’s legal duty to furnish information. 14.164 Contractor will send to each labor union or representativesof workers with which it has a collective bargaining Contract or other contract or understanding,a notice to be provided by the County,advising the labor union or workers‘ representative of Contractor's commitments under Section 202 of Executive Order 11246 of September 24,1965,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 14.16.5 Contractor will comply with all provisions of Executive Order 11246 of September 24,1965,and of the rules, regulations,and relevant orders of the Secretary of Labor. 14.166 Contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965,and by the rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to its books, records,and accounts by the County and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. 14.16.7 In the event of Contractor's noncompliance with the nondiscriminationclauses of this Contract or with any of such rules,regulations,or orders,this Contract may be cancelled,terminated or suspended in whole or in part and Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. 14.168 Contractor will include the provisions of paragraphs 14.16.l through 14.16.7 in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,1965,so that such provisions will be binding upon each subcontractor or vendor.Contractor will take such action with respect to any subcontractor or vendor as may be directed to the Secretary of Labor as a means of SJC (MCA-TO)2022,REV6 (05.02.2024)Page 29 of34 Agenda Item #8.A. 22 Jun 2026 Page 69 of 218 enforcing such provisions including sanctions for noncompliance:Provided,however,that in the event Contractor becomes ,involved in,or is threatened with,litigation with a subcontractor or Vendor as a result of such direction,Contractor may request the United States to enter into such litigation to protect the interest of the United States. 14.17 Public Records l4.l7.l Contractor shall comply and shall require all of its Subcontractors to comply with the State of Florida’s Public Records Statute (Chapter 119),speci?cally to: (1)Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the Services; (2)Upon request from the County’s custodian of public records,provide the County with a copy of the requested records or allow the records to be impacted or copied within a reasonabletime at a cost that does not exceed the cost as provided in Chapter 119,Florida Statutes,or as otherwiseprovided by Applicable Law; (3)Ensure that public records related to this Contract that are exempt or con?dential and exempt from public records disclosure requirements are not disclosed except as authorized by ApplicableLaw for the durationof this Contractand following expiration of this Contract,or earlier terminationthereof,if Contractor does nottransfer the records to the County;and (4)Upon completion of this Contract,or earlier termination thereof,transfer,at no cost,to the County all public records in possession of Contractor or keep and maintain for inSpectionand copying all public records required by theCounty to perform the Work. 14.172 If Contractor,upon expiration of this Contract or earlier termination thereof i)transfers all public records to the County,Contractor shall destroy any duplicate public records that are exempt or con?dential and exempt from public records disclosure requirements;and ii)keeps and maintains public records,Contractor shall meet all Applicable Law and requirements for retaining public records.All records stored electronically must be provided to the County,upon request from the County’s custodian of public records,in a format that is compatible with the County’s information technology systems. 14.173 Failure by Contractor to comply with the requirements of this section shall be grounds for immediate,unilatera lterminationofthisContractbytheCounty.. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:(904)209-0805,PUBLICRECORDS@SJCFL.US 500 SAN SEBASTIAN VIEW ST.AUGUSTINE FLORIDA 32084 14.18 Anti-Bribery Contractor and its Subcontractors shall at all times during the term of this Contract comply with all anti-bribery and corruption laws that are applicable to the performance of this Contract.Contractor represents that it has not,directly or indirectly,taken any action which would cause it to be in violation of Chapter 838 of the Florida Statutes.Contractor shall immediately notify the County of any violation (or alleged violation)of this provision. 14.19 Convicted and Discriminatory Vendor Lists,and Scrutinized Companies 14.19.1 Contractor warrants that neither it nor any Subcontractor is currently on the convicted vendor list or the discriminatory vendor list maintained pursuant to Sections 287.133 and 287.134 of the Florida Statutes,or on any similar list maintained by any other state or the federal government.Contractor shall immediately notify the County in writing if its ability to perform is compromised in any manner during the term of the Contract. 14.192 Section 287.135 of the Florida Statutes prohibits agencies from contracting with companies for goods or services that are on the Scrutinized Companies that Boycott Israel List,or with companies that are engaged in a boycott of Israel, and from contracting with companies for goods or services of $1,000,000 or more that are on the Scrutinized Companies SJC (MCA-TO)2022,REV6 (05.02.2024)Page 30 of 34 Agenda Item #8.A. 22 Jun 2026 Page 70 of 218 with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or are engaged in business operations in Cuba or Syria.The lists are created pursuant to §215.473 and §215.4725,F.S.By executionof this Contract,Contractor certi?es that it is not listed on the ScrutinizedCompanies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companieswith Activities in the Iran Petroleum Energy Sector List,and is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria,and understands that pursuant to §287.135,PS,the submissionof a false certi?cation may subject Contractor to civil penalties, attorney’s fees,and/or costs.In accordance with §287.135,F .S.,the County may terminate this Contract if a false certi?cation has been made,or the Contractor is subsequently placed onany of these lists,or engages in a boycott of Israel or is engaged in business operations in Cuba or Syria. 14.20 Compliance with Florida Statute 287.138 14.201 Pursuant to 287.138 F.S.,effective July 1,2023,the County may not enter into contracts which grants the Contractor access to personal identi?able information if:1)the Contractor is ownedby the government of a Foreign Country of Concern (as de?ned by the statute:(b)the government of a Foreign Country of Concern has a controlling interest in the entity;or (c) the Contractor is organized under the law of or has its principal place of business in a Foreign Country of Concern.The County shall be entitled to immediately terminate this Agreement with liabilityto ensure the County’s continued compliance with the statute. 14220.2Pursuant to 287.138F.S.,effective January 1,2024,if Contractor may access,receive,transmit,or maintain personal identi?able information under this Agreement,Contractor must submit a Foreign Entity Af?davit to the County. Additionally,effective July 1,2025,Contractor shall submit a Foreign Entity Af?davit to the County prior to any renewals of this Agreement.Failure or refusal to submit a Foreign Entity Af?davit shall be cause for immediate termination of this Agreement by the County. 14.21 Written Notice Any and all notices,requests,consents,approvals,demands,determinations,instructions,and other forms of written communicationunder this Contract shall be validly given when deliveredas follows: i.Hand delivered to Contractor’s Authorized Representative or hand delivered during normal business hours and addressed as shown below,or ii.Delivered by US.Mail,electronic mail or commercial express carrier,(postage prepaid,delivery receipt requested),to the following addresses: St.Johns County Atlantic Coast Sales &Service,Inc. 500 San Sebastian View dba Atlantic Coast Construction Group St.Augustine,FL 32084 5909 St.AugustineRoad,Suite 2 Attn:Bryan Matus Jacksonville,FL 32207 Email Address:bmatus@,sic?.us Attn:Bradley K.Clark,President Email Address:estimates atlcoastcr Witha copy to: St.Johns County Of?ce of the County Attorney 500 San Sebastian View St.Augustine,FL 32084 Email Address:jferguson@sjc?.us Notices shall be deemed to have been given on the date of delivery to the location listed above without regard to actual receipt by the named addressee.County and Contractor may each change the above addresses at any time upon prior written notice to the other party. ****************** SJC (MCA-TO)2022.REV6 (05.02.2024)Page SI of34 Agenda Item #8.A. 22 Jun 2026 Page 71 of 218 STIJOHNSCOUNT YOCT;2n 2025 PURCHASIN The authorizedrepresentatives hereto have executed this Contract effective as of the Effective Date.Contractor’s authorized representative executing this Contract represents that he or she is duly authorized to execute this Contract on behalfof Contractor. County:Contractor: Atlantic Coast Sales &Service,Inc.D.B.A. St.Johns Coun Sea]Atlantic Coast Construction Grou Seal (Typed N e)(Typed Na e) By .By: (Sign ture 'thorize epresentative)(Signature of Au orized Representative) Jaime Locklear Bradle K.Clark (Printed Name)(Printed Name) Purchasin Director (Title) (Q "* (Date )f Execution) ATTEST: St.Johns County,FL Cler (f C rcuit Co rt omptroller By:' (Deputy ierk)D S“ (Date of E ecuti n) Legally Su nt: ?of County Attorney)(423/2; (Date of Execution) (Title) October 17 2025 (Date of Execution) SK‘(u\-K‘.-\-'|'0)207'1.Rl-IVn(lIS.(ll.2(L.~I).IilLL b 3">..—">“.._l )1 l Agenda Item #8.A. 22 Jun 2026 Page 72 of 218 The undersigned Contractor hereby swears under penalty of perjury that: 1.Contractor has paid all Subcontractors all undisputed contract obligations for labor,services,or materials provided on this Project within the time period set forth in Sections 218.73 and 218.735,Florida Statutes,as applicable. 2.The following Subcontractors have not been paid because of disputed contractual obligations;a copy of the noti?cation sent to each,explaining the good cause why payment has not been made,is attached to this form: ,StihcontractorNameandAddress?"Dateo'?DiS‘utediliivbice AmountiniDis?iiu-te. Contract No. Project Title: FORM 1 CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS Contractor’s Authorized Representative executing this Certification of Payments to Subcontractors represents that he or she is duly authorized to execute this Certi?cate,or if executing on behalf of another,is authorized to do so and that such Authorized Representative is legally bound. Dated ,20 Contractor By: (Signature) By: (Name and Title) STATE OF ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me,by means of D physical presence or E!online notarization,this day of 20_,by , who is personally known to me or who has produced as identi?cationand who did (did not)take an oath. 'NOTARY PUBLIC: Signature: Print Name: (NOTARY SEAL) My commissionexpires: Page 33 of 34SJC(MCA-TO)2022,REV6 (05.02.2024) Agenda Item #8.A. 22 Jun 2026 Page 73 of 218 FORM 2 CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN Owner:St.Johns County (hereafter “County”)County Department/Division: Signed this __day of 20 Contract No.:Contractor Name: Project:Contractor Address: Project Address:Contractor License No.: Payment Amount:Amount of Disputed Claims: The undersigned has been paid in full for all labor,work,services,materials,equipment,and/or supplie sfurnishedtotheProjectortotheCountyanddoesherebywaiveandreleaseanynoticeoflien,any right to mechanic's lien,any bond right,any claim for payment and any rights under any similar ordinance,rule or statute related to a claim or payment rights the undersigned has on the above described Project,except for the payment of Disputed Claims,if any,described below. The undersigned warrants that he or she either has already paid or will use the monies received from this ?nal payment to promptly pay in full all of its laborers,subcontractors,materialmen and suppliersfor all labor, work,services,materials,equipment,or suppliesprovided for or to the above referenced Project. Before any recipient of this document relies on it,the recipient should verify evidence of payment to the undersigned. Disputed Claims:The following invoices,pay applications,retention,or extra work are reserved by undersigned from this ?nal payment (if there are no Disputed Claims enter “None”): None PrintedName Title NOTICE:THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS.THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT TO THE EXTENT OF THE PAYMENT AMOUNT OR THE AMOUNT RECEIVED. Page 34 of 34SJC(MCA-TO)2022.REVG(05.02.2024) Contractor/Company Name Signature Agenda Item #8.A. 22 Jun 2026 Page 74 of 218 ..F STiJOHNSCOUNT YI GET.2."n .2025 PURCHASING Name:Bradle K,Clark (Please Type or Print) Title:President (Please Type or Print) Slgnature uthorized Representativa [F8 NO:2449;NWWTPOperator‘s Building Master Contract No:25-MCA-ATL-21904 ACCEPTANCEOF NOTICEOF AWARD The undersigned hereby acknowledges receipt of the Notice of Award and assodated Contract Documents and certifies the intent of the awarded Bidder to perform the required services in accordance with the Contract Documents,St.Johns County Policy,as wall as applicable rules,regulations and laws. Atlantic Coast Sales &Service Inc.dba Atlantic Coast Construction Grou this 17th day of October 2025. Purchasing Department I 500 San Sebastian View.St.Augustine,FL 32084 1904.209.0150 l sjcfl.us Agenda Item #8.A. 22 Jun 2026 Page 75 of 218 Purchasing Department]500 San Sebastian View,St.Augustine,FL 32084 |904.209.0150 [sjcfl.us rvan us Purchasing Manager (904)209—0148 —Direct bmatus s'cfl.us J0 ’+2 5 ”5.5H=1"-a.sa “W,19:1 M A5?"?““5“, NOTICEOF AWARD October 7,2025 AtlanticCoast Sales 8:Sen/ice,Inc. dba Atlantic Coast Construction Group 5909 St.Augustine Road,Suite 2 Jacksonville,FL32207 Attn:Bradley K.Clark,President IFBN0:2449;NW WTP Operator‘s Building -Master Contract 25-MCA—ATL-21904 St.Johns County hereby issues this Notice of Award to Atlantic Coast Sales 8!.Service,Inc.dba Atlantic Coast Construction Group as the lowest,responsive,responsible Bidderto provide the services speci?ed under IFB No:2449.The final,approved Contract is attached to this notice for an authorized representative of Atlantic Coast Sales &Service,Inc.dba AtlanticCoast Construction Group to sign and return in accordance with the following instructions: Attached,via email,is an electronic copy of the Contract and an Acceptance of this Notice of Award. Please sign,date,seal (if applicable)and return all of the following within ten 10 consecutive calendar days of receipt of this Notice: 1.The Contract signed by an authorized representative.Contract may be printed,signed,scanned and emailed or mailed via USPS,or may be digitally signed (using a secure electronic signature platform such as DocuSign or AdobeSign)and returned via email to the contact Identified below. If the authorized representative is not a Principal of the firm,or a Delegation of Authority Letter has not been provided,then one must be provided with the signed copy ofthe Agreement.Please date only the signature page of the Contract. 2.The Acceptance of the Notice of Award (2“‘1page of this notice),signed by an authorized representative. 3.All applicableCertificates of insurance as stated in ArticleXIIIof the Contract. NOTE:in accordance with the Bid Documents,failureto return the required contract documents withi nthetimeshownaboveshallbegroundsforcancellationofthisAward. All Documents must be returned to Diana M.Fye,BAS,NIGP—CPP,CPPB,FCCM,Senior Procurement Coordinator,via email to dfyericflms.Upon signature by the County,a fully executed copy of the Contract will be returned to your firm. Sho u ve any questions please don’t hesitate to call Diana M.Fye at (904)209-0162. Agenda Item #8.A. 22 Jun 2026 Page 76 of 218 Construction Proposol v TLANTIC OAST CONSTRUCTION GROUP City of Atlantic Beach 1200 Sandpiper Ln E Jacksonville,FL32233 PREPAREDFOR Matthew Krug Deputy Director of Public Works City of Atlantic Beach Public Works PREPAREDBY Atlantic Coast Construction Group Construction Manager |General Contractor |Masonry &Concrete Contractor 5909 St.Augustine Rd.,Ste 2 Jacksonville,FL32207 PREPAREDAND DELIVEREDON May 22,2026 Cover Letter Scope of Work Pre?minory Rendering ENCLOSE Agenda Item #8.A. 22 Jun 2026 Page 77 of 218 TLANTIC OAST CONSTRUCTION GROUP Dear Mr.Krug, On behalf of Atlantic Coast Construction Group,thank you for the opportunity to provide this proposal for the turnkey installation of the new pre-engineered metal building and associated concrete slab for the City of Atlantic Beach.We greatly value our ongoing relationship with the City and appreciate the continued trust placed in our team. The success of our prior project demonstrated what we believe to be our greatest strength— working in close coordination with City staff and Public Works leadership to deliver the right solution,not just a finished structure.We approach this project with the same emphasis on constructability,coordination,and cost awareness,with the goal of delivering a durable,well- executed facility that meets the City’s operational needs. This proposal reflects a collaborative approach that allows design details,sequencing,and material selections to be finalized efficiently while maintaining clear alignment with the City‘s expectations.We have structured the scope to clearly define responsibilities and provide flexibility where appropriate,ensuring a smooth transition from demolition and site preparation into construction. From a scheduling standpoint,we are prepared to proceed immediately.Current material lead times have been considered,and our team is positioned to coordinate closely with City staff to support an efficient start and orderly execution of the work. We welcome the opportunity to review this proposal together and confirm assumptions, selections,and coordination items to ensure full alignment prior to proceeding.Our goal is a straightforward,well-coordinated project that continues the successful working relationship established with the City of Atlantic Beach. Thank you again for the opportunity.We look forward to discussing next steps and are available at your convenience. Sincerely, Tim McCord Lead Estimator Atlantic Coast Construction Group timmc@atlcoast.org |904.3l4.1581 Agenda Item #8.A. 22 Jun 2026 Page 78 of 218 Scope of Work .TLANTIC OAST CONSTRUCTION GROUP Division 01 —General Requirements Atlantic Coast Construction Group will serve as General Contractor for the construction of the new pre-engineered metal building and associated concrete slab.Our responsibilities include overall project coordination,scheduling,safety oversight,quality control,testing coordination, and general conditions required to execute the work efficiently and safely.We will work in close coordination with City staff and Public Works to confirm sequencing,access,and inspections throughout the project. Division 02 —Existing Conditions /Demolition (By Owner) The City of Atlantic Beach will perform demolition Of the existing wood structure and removal Of the existing concrete slab.The existing slab will be fully removed due to budgetary, efficiency,slope and constructability constraints,allowing for proper subgrade preparation and placement of a new slab consistent with the proposed building design. Atlantic Coast Construction Group’s scope begins after completion of demolition and site preparation,with a prepared subgrade made available for testing and construction. Division 03 —Concrete Atlantic Coast Construction Group will construct the concrete foundation system and slab— On—grade to support the pre-engineered metal building.Demolition of the existing structure and slab will be performed by the City prior to commencement of this scope. Scope Includes:.Eight (8)reinforced concrete spread footings,approximately 6’-0"x 6'-O"x 1'-6", constructed per approved engineered PEMBfoundation drawings.3,000 PSI concrete for all footings and piers.Reinforcing steel tied and placed per approved shop drawings.Concrete slab-on-grade,approximately 40'-0"x 70’-0"x 6",constructed with 4,000 PSI concrete.Vapor barrier installed per plan.Concrete apron /approach,approximately 150'-0"x 6’-0".Formwork for all Division 03 concrete work Subgrade conditions will be verified prior to concrete placement,and anchor bolts and embeds will be coordinated with the final engineered PEMB package.Concrete placement, finishing,curing,and jointing will be performed in accordance with project requirements. Division 05 -Metals (Anchor Bolts) Atlantic Coast Construction Group will furnish and install all anchor bolts required for the pre— engineered metal building in accordance with the approved engineered PEMBfoundation drawings. Scope includes furnishing anchor bolts and templates,setting and securing anchor bolts prior to concrete placement,and coordinating layout,elevations,and alignment with Division 03 concrete work and Division 13 PEMBerection. Agenda Item #8.A. 22 Jun 2026 Page 79 of 218 ,TLANTlC OAST CONSTRUCTION GROUP Division 07 —Thermal and Moisture Protection The proposal includes multiple configuration options to allow the City to balance performance and cost,including: 3"White Vinyl-Backed Roof insulation (included due to building height).Roofing system selections,including Optional standing seam metal roofing Final selections will be coordinated with the City prior to fabrication. Division 09 —Finishes (If Applicable) No interior finishes are included unless specifically noted elsewhere in the proposal. Division 13 -Pre-Engineered Metal Building Atlantic Coast Construction Group will furnish and erect a pre-engineered metal building system in accordance with the approved manufacturer’s engineered drawings. Building Configuration.Approximate building size:40'-0"x 70’-0"x 18'-0".Roof pitch:3:12,with 21 '8",20’,28'4"BAY SPACING 1 —40'POST &BEAMFRAMINGON LEFTENDWALLW/2 @ 20'COLUMN SPACINGS 1 -40'POST &BEAM FRAMINGON RIGHTENDWALLW/2 @ 20'COLUMN SPACINGS.Main frames:Two (2)rigid clear—span frames.Endwalls: 0 Left endwall:Post-and—beam framing,two (2)@ 20'-0"column spacings o Right endwall:Post-and-beam framing,two (2)@ 20'-0”column spacings Roof System.26-gauge PBRgalvalume.Die-formed ridge cap Wall Systems.Front sidewall:26-gauge PBR metal panels,standard color,with bypass girts.Back sidewall:26-gauge PBR metal panels,standard color,with bypass girts.Left endwall:26-gauge PBR metal panels,standard color,with flush girts.Right endwall:26—gauge PBR metal panels,standard color,with flush girts Bracing .Weak Axis Bracing on Front Sidewall.Weak Axis Bracing on Back Sidewall Openings &Doors.Factory-located framed openings complete with jamb and head trim: 0 Front sidewall:Three (3)@ T4'-0”W x 16'-0"H 0 Back sidewall:Three (3)@ 14’-0"W x16'-0"H.Six (6)wind-lock roll-up doors,14’-0"W x 16'-0"H,with chain hoist.Two (1)3’-O”x 7’-O”walk door with mortise lockset and closer Engineering.Florida-licensed structural engineer stamped drawings,including foundation plan, provided with the PEMBpackage Agenda Item #8.A. 22 Jun 2026 Page 80 of 218 .TLANTIC OAST GROUP Division 22 /23 /26 -Plumbing,HVAC,Eleclrical (Excluded) No mechanical,plumbing,or electrical work is included in this scope.These systems will be completed by the City following turnover of the structure. Division 31 -Earthwork (By Owner) Site preparation,earthwork,and utilities are by others.Atlantic Coast Construction Group assumes the City will deliver a prepared building pad suitable for slab construction. Subgrade conditions will be verified through testing prior to concrete placement. Coordination 8.Next Steps Thisscope is intended to clearly define responsibilities,sequencing,and assumptions while allowing flexibility to finalize design details collaboratively.We recommend a coordination meeting with City staff and Public Works to confirm demolition timing,slab design assumptions,and PEMBconfiguration selections prior to final authorization. Contingency Clari?cation The proposal includes a project contingency in the amount of $27,000.00.This contingency is intended to provide the City with budget protection for unforeseen conditions,owner- directed changes,minor scope adjustments,or other project-related costs that are not specifically included in the base scope of work.Use of contingency funds shall require prior authorization by the City.This structure allows the project to remain within the City's available budget while preserving flexibility for unforeseen conditions. Agenda Item #8.A. 22 Jun 2026 Page 81 of 218 Pricing TLANTIC OAST GROUP 80,478.15 1398.00 Division 08 Openings Division 13 Speical Consiruc?on Excluded Excluded COAB PEMBv4 Division00 Contracting Requirements P &P Bond Architecture and Design Division01 General Conditions Includes:Project Management /Supervision /$afety Permitting Material Testing Port oilets Site Trailer Pre—ConSurveying Dumpsters Final Clean Final Survey Other General Requirements Demolition Building Concrete —All new A nchor Bolts Division07 Thermal 8.Moisture Protection 7,500.00 68,631.23 Contractor Fee not specifically called out is excludedNoies:All Work Division 02 General Condi?ons Com plefed by COAB Division03 Concrete Division 05 Metals Included in PEM Doors,Frames and Hardware q.”I“54-h”!4“ PEMB 106,750.12 5,242.50 Insulation Agenda Item #8.A. 22 Jun 2026 Page 82 of 218 E<4\Qé»\bl/WOM/z TLANTIC OAST who.“mm0u_pm.>>>>>>\mahm-mmmAwmmvu.moowémm:59m\nowmm<QEO._H_.m._.=>20mv_u<_.\Nm._._:md<Oxmz_._.meD<Hz_<m mom Preliminary Rendering (no’r ’ro scale) Agenda Item #8.A. 22 Jun 2026 Page 83 of 218 Page 84 of 218 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.26-80 to Award the 2026 Annual Milling &Paving Project to Preferred Materials,Inc. SUBMITTED BY:Matt Krug,Deputy Director,Public Works TODAY’S DATE:June 5,2026 MEETING DATE:June 22,2026 BACKGROUND:City staff have been working to identify the streets to be resurfaced for the 2026 Milling &Paving Project,using physical inspections,repeat complaints,and grades from a pavement management system.The list of streets also includes resurfacing Dutton Island Road from the entrance to Dutton Island Preserve to the round—about.Preferred Materials,Inc.has a contract with the City of Jacksonville that the City can piggyback on to complete this work.City staff proposes to issue a purchase order to the contractor up to,but not to exceed,the budgeted amount under the FY2025—2026budget. BUDGET:The FY2025-2026 budget has $471,078.00 budgeted for the 2026 Annual Milling &Paving Project under Project PW2345.There is also $250,000.00 budgeted under Project PW2603 for Plaza and Dutton Island Road resurfacing.Both projects are budgeted in Account 300-5002- 541-63 00. RECOMMENDATION:Adopt Resolution No.26-80. ATTACHMENTS:1.Resolution No.26-80 2.City of Jacksonville Contract #72065—22with Preferred Materials,Inc. 3.Cost Estimate for Proposed 2026 Milling &Paving Project REVIEWED BY CITY MANAGER: Agenda Item #8.B. 22 Jun 2026 Page 85 of 218 RESOLUTION NO.26-80 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, APPROVING THE 2026 ANNUAL MILLING &PAVING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE WHEREAS,City staff have been working to identify the streets to be resurfaced for the 2026 Milling &PavingProject,using physicalinspections,repeat complaints,and gradesfrom a pavement management system.The list of streets also includes resurfacing Dutton Island Roadfrom the entrance to Dutton Island Preserve to the round-about;and WHEREAS,Preferred Materials,Inc.has a contract with the City of Jacksonville that the City can piggyback on to complete this work.City staff proposes to issue a purchase order to the contractor up to,but not to exceed,the budgeted amount under the FY2025—2026budget;and WHEREAS,the FY2025-2026 budget has $471,078.00 budgeted for the 2026 Annual Milling &Paving Project under Project PW2345.There is also $250,000.00 budgeted under Project PW2603 for Plaza and Dutton Island Road resurfacing.Both projects are budgeted in Account 300— 5002-541-6300. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves the 2026 Annual Milling &Paving Project; SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract with Preferred Materials,Inc.and approve a Purchase Order to said vendor in the amount of $721 ,078.00; SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 2211dday of June,2026. Attest: Curtis Ford,Mayor Donna L.Bartle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Agenda Item #8.B. 22 Jun 2026 Page 86 of 218 .J 1 u —n.: I‘ ’ ''''- ''I -_y .-.,u"MN ..u 7..“,.w .5 m-7r‘.-.v'..‘n",v .':\- h.1 I u.n u -Inw-,-u ._\- '4 -‘IN I ‘'.‘‘I '1 _ I 4'--“".J.1“um ...:5.:.W:n:.-x w “ ,.=7 -..E a."r.--I "h 1.x:u ‘.'m'“ ..h ....-m _,I .mwu 3;..-m .~2 .1 u .3»w:-,:_:..4 -. x .p .--_. ,....7zu‘,..,...,1 u,I ,.-v.-,.7 _V,em,m. (H Arm-halzwu‘.77...,,.:“ ,..r.‘7 -.-II:-..{1.‘2"v. ‘;' ..__l.-,:... .......‘._.',-.._.-=--.u 2..- .v,-..w .:1.>g ;‘-5 v .m - n...-m '.-.,-.a ’" .~_.,-;.-...-.-.I,_.,w .J H ‘‘.... v A V'.‘...._,...N W.,..5... ‘,‘y CONTRACT BETWEEN CITY OF JACKSONVILLE AND PREFERRED MATERIALS,INC. FOR CONTINUOUSASPHALT RESURFACING —SOUTHEAST AREA THIS CONTRACT for continuousasphalt resurfacing in the Southeast Area (the “Project”)is executedas of this_day of 2'v"‘' , ’,2022,effective as of Octobe r1,2022 (the “E?‘ectiveDate”),by and between the CITY OF JACKSONVILLE.a consolidatedmunicipalcorporationand political subdivisionexisting underthe Constitutionand laws of the State of Florida (hereinafterthe “Owner”or the “City"),and PREFERRED MATERIALS,INC.,a foreign pro?t corporationwith principalof?ce at 4636 Scarborough Drive,Lutz,Florida33559 (hereina?er the “'Contractor”). WITNESSETH.that for the considerationand under the provisions hereina?er state dandreferredtomovingfromeachtotheotherofsaidpartiesrespectively,it is mutuall yunderstoodandagreedasfollows: 1.That Contractoris the lowestresponsiveand responsiblebidderfor furnishing,not by way of limitation,all labor,materials,and equipmentand performingall operationsnecessary to mill and resurfaceexisting roadways,construct full depth asphaltwidening strips and apply asphaltpavement to preparedbase,construct or reconstruct ADA ramps,remove and reconstruct existing concrete curb and gutter and driveways,perform related shoulder work.and improv eandmaintainexistingdrainageswalesintheSoutheastArea,all in accordmce with plans, drawings,and speci?cations hereinafterreferredto and has beenawardedthis Contract for sai dworkpursuanttoawardmadeSeptember22,2022. 2.The Contractorwill at its own cost and expense do the work requiredto he don eandfurnishthematerialsrequiredtobefurnishedonsaidProjectinaccordancewithplans an dspeci?cationspreparedby Eisman&Russo Consulting Engineers,Inc.for the Right of Way and StormwaterMaintenanceDivisionof the City of Jacksonville’sDepartment ofPuhlic Works,bid number CP-Ol43-22,bid date August 3|,2022,designated as Speci?cationsjbr Continuous AsphaltResurfacing Program (North,West,and Southeast Areas),and strictly in accordanc ewiththeadvertisementcallingforbids,plans,speci?cations,blueprints,addenda,requiremen tsoftheCityofJacksonville,proposal of the said Connector,and award therefor ( hereinaftercollectivelythe“Contract Documents”)now on ?le in the Of?ce of the Chief of the Procuremen tDivisionoftheCityofJacksonville,all of which are by this reference speci?cally made a part [MW Agenda Item #8.B. 22 Jun 2026 Page 87 of 218 ;I .I ..I -=...eI --‘1 I.‘1“ ‘z.—H v ---\"--*‘ m 'z .I -u.-.--=- .I...0 ..1 g....;.. _..I I .I..g L |v|'-.1"U :1 .I .w.-'l -—x I m: -..,:z I I '..I ..‘ .,..I ...—;-_z ,. .4|..I...I .1:.._-I ‘‘n w .I .‘2 I“':H ’3.I 1 I rm—'2 .:-''1 -“'‘-..I:-. I =_I. ..,I .I I.H ,1 3 y ..I .I..L ,.:H.,..:::4 II u -“ ._I 7H I,‘,‘~.,g ..-I -I.__.u ._.I ,..I -:I z _-.I.2 ;-.-uv..- ,. "..‘w I IIllr x ‘- -I.'n _‘.-sv.—'..a 3 .'1 .. hereof to the same extent as if fully set out herein,for a total amount not to exceed TEN MILLION AND 00/100 USD ($10,000,000.00),at and for the prices and on the terms contained in the Contract Documents;providedhowever,the above-statedamount will not be encumbered by this Contract.Instead,it will be encumberedin whole or in part by subsequently issued purchase orders.Such purchase orders shall be binding upon the parties hereto and must incorporate the provisionsof this Contract.All funds control checking shall be made and perfonned at the time suchpurchaseordersare issued 3.The term of this Contractshallcommenceon October 1,2022 and shall remain in full force and effect as to all its tenns,conditions,and provisionsas set forth herein through September 30,2023,withtwo (2)one (1)year renewaloptions. 4.0n Contractor's faithful performance of this Contract,the Owner will pay the Contractorin accordancewith the terms and on the conditionsstatedin the ContractDocuments. 5.Connector shall submitand record all payment and perfomtancebonds in the Of?cialRecords ofDuval County,as requiredby Section255.05,FloridaStatutes. 6.Notwithstandingany provisionto the contrary in this Contractor in the Contract Documents,the Owner has the absoluteright to terminate this Contract without cause for convenienceby giving the Contractor thirty (30)days’advancewritten 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 Coutractor’ srepresentativewhosignedthisContractattheaddressspeci?ed in the Contract Documents. 7.This Contract and allamendmentsheretomay be executedin severalcounterparts. each of which shall be deemed to be an original,and all of such counterparts together shall constituteone and the same instrument. [Remainder of page left blank intentionally.Signature page followsimmediately]. Agenda Item #8.B. 22 Jun 2026 Page 88 of 218 IN WITNESS WHEREOF,the parties hereto have duly executed this Contract in duplicatethe day and year ?rst above written. ATTEST:0.3-“sz CITY J ONVILLE,FLORIDA 0 By v By CamesR:Sal1 u yCurry.ayor orpomuon ec ,OWNERSrianHughes Chief Admin!slrative Officer For:Mayor Lenny Curry Under Auihority of: Executive Order No:2019-02 :PREFERRED TERIALS,INC. Sig 51M;1ngk W Tavl Type/Print Name 'tName Assistant Secreta Vice President Title Title (ac—«u53mm-W_m?72m.n*cmum_mm,mmmr Encumbrance &funding informationis found on the next page. CONTRACTOR Agenda Item #8.B. 22 Jun 2026 Page 89 of 218 ENCUMBRANCE&FUNDINGINFORMATION: Account No.:1 1415.153101.565050.001024.00000000.00000 Amount:$0,000,000.00 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 issuedpurchase orders that must reference the foregoing Contract.All ?nancial examinationsand funds control checking will be made at the time such purchase orders are issued. In accordancewith Section 24.103(e).Ordinance Code,I do hereby certify that there is an unexpended,unencumbered,and unimpoundedbalancein the appropriationsuf?cient to covermeforegoingagreement;providedhowever,this certi?cationis not nor shall it be interpretedas an encumbranceof funding under this Contract.Actual menmbranceeshall be made by subsequentlyissuedpurchaseorders,as speci?edin saidContract tor of Fmance Ci Contract #72065-22 Form Approved s'tam Ge unse Agenda Item #8.B. 22 Jun 2026 Page 90 of 218 ah ) y () J; _L ) ._£:_1 wavot‘L In?ation: ___2 L n m \ _m_u_m=__p P '“I n yd)' THIS IS APPRO VED FORM.DO NOT SUBS'Ill'l'U’lL’0R RE VISE. Doc #202260517.OR BK20466 Page 2074, NumberPages:13 Renewed 10117120221210PM, JODYPHILLIPSCLERKCIRCUIT COURT DUVA LCOUNTY RECORDNG $11200 Name:Federal Insurance Co an PrincipalBusiness Address:202B Halls Mill Road,Whitehouse Station,NJ 08889-3454 CONTRACT NUMBER 72065-22 PERFORMANCE BOND NUIVIBER [$5]$911] REQUIREDBY SECTION255.05,FLORIDA STATUTES As to the Contractor/Principal: Name:PreferredMaterials Inc. Principal Business Address:4636 Scarborou Drive Lutz Florida 33559 As to the Surety: Telephone:as 903-2000 As to the Owner of the Property/ContractingPublic Entity: Name:The Cit of Jacksonville Florida c/o Public Works D artment PrincipalBusiness Address:214 SoutheagLHo an StreeLJ?floor,chgsgngille,florid; 32202 Telephone:904 255-8763 Descriptionof Project including address and description of improvements:fumishin not b limitation all labor materials and equipment and erformin’all 'necessarv to mill and resurfacLezgistin roadwa s construct full de th as halt widenin .stri s and a )l' as it ve nt to re ared base construct or reconstruct ADAram s e ove and reconstruct cxistin concrete curb and tter and drivewa s erfonn related shoulder work,Land?iggpyye and maintain existin drains e swales in the Southeast Are all in accordance with lans drawin s.and s eci?cations. Agenda Item #8.B. 22 Jun 2026 Page 91 of 218 THIS IS ANAPPRO VED FORM.DO NOTSUBSTI TUTE 0R REVISE. CITY OF JACKSONVILLE,FLORIDA PERFORMANCE BOND REQUIREDBY SECTION 255.05,FLORIDA STATUTES KNOW ALL MEN BY THESE PRESENTS,that PREFERREDMATERIALS,INC., as Principal (hereinafter the “‘Contractor”),and Federal Insurance Com an ,a corporation organized and existing under the laws of the State of Indiana and duly authorized to conduct and carry on a general surety business in the State of Florida,as Surety (hereina?er the “Surety”),are each held and ?rmly bonded unto the City of Jacksonville, a municipalcorporation in Duval County,Florida,as Obligee (hereinafter the “City”),in the sum of TEN MILLION AND 00/100 USD ($10,000,000.00),lawful money of the United States of America,for the payment whereof Contractorand Surety bind themselves,their respective heirs, executors,administrators,legal representatives,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal made and entered into City Contact Number 72065-22 (the “Contract"),effective as of the let day of October,2022,for furnishing,not by way of limitation, all labor,materials,and equipment and performing all operations necessary to mill and resurfac e existing roadways,construct full depth asphalt widening strips and apply aSphalt pavement to preparedbase,construct or reconstruct ADA ramps,remove and reconstruct existing concrete curb and gutter and driveways,perform related shoulder work,and improve and maintain existing drainage swales in the Southeast Area,all in strict accordance with plans and speci?cations prepared by Eisman &Russo Consulting Engineers,Inc.for the Right of Way and Stormwater Maintenance Division of the City of Jacksonville’sDepartment of Public Works,bid Agenda Item #8.B. 22 Jun 2026 Page 92 of 218 ,. z ... number CP-0143—22,bid date August 31,2022,designated as Specificationsfor Continuous Asphalt Resurfacing Program (North.West,and Southeast Areas),and any advertisement for bids for said 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 Contract and all documents includedas a part of the Contract,all of which are,by this reference,made a part hereof to the same extent as NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall:(I)promptly and faithfully perform the construction work and other work in the time and mannerprescribed in said Contract,which is made a part of this Bond by reference, in strict compliancewith the Contract requirements;(2)perform the guarantee and maintenanc e of all work and materialsfumished under the Contract for the time speci?ed in the Contract;and (3)pay the City all losses.delay and disruption damages,and all other damages,expenses,costs, and statutory attomey’s fees,including those incurred in appellate proceedings,that the City sustains because of a default by Contractor under the Contract,then this Bond shall be void; otherwise,it shall remain in full force and effect,both in equity and at law,in accordance with the laws and statutes of the State of Florida. PROVIDED,that the Surety hereby waives notice of any alteration or extensionof time made by the City,and any changes in or under the Contract and complianceor noncomplianc e with any formalities connected with the Contract or the changes does not affect Surety’s obligationunder this Bond. PROVIDED FURTHER,that whenever Contractorshall be declared by the City to be in default under the Contract,the City having performed the City’s obligations thereunder,the Surety shall,at the City's sole option,take one (1}of the following actions: if fully set out hefci Agenda Item #8.B. 22 Jun 2026 Page 93 of 218 I, .4 (1) (2) Within a reasonable time,but in no event later than thirty (30)days after the City's written notice of terminationfor default,arrange for Contractor with the City’s consent,which shall not be unreasonably withheld,to complete the Contract and the Surety shall pay the City all losses,delay and disruption damages,and all other damages,eXpenses,costs.and statutory attorney’sfees, including those incurred in appellate proceedings,that the City sustains becaus e of a default by the Contractor under the Contract;or (A)Within a reasonable time,but in no event later than sixty (60)days after the City’s written notice of terminationfor default,award a contract to a completio n contractor and issue a notice to proceed.Surety shall obtain a bid or bids for completing the Contract in accordancewith its terms and conditions,and upon determination by Surety of the lowest responsible quali?ed bidder,award a contract;(B)alternatively,the City may elect to have.the Surety determinejointly with the City the lowest responsible quali?ed bidder,to have the Surety arrange for a contract between such bidder and the City,and for the Surety to make available as Work progresses suf?cient funds to pay the cost of completion less the balance of the Contract price (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph).The term “balance of the Contract price”as used in this Bond shall mean the total amount payable by the City to Contractor under the Contract and any approved change orders thereto,less the amount properly paid by the City to Contractor.(C)Either way,the Surety shall pay the City all remaining losses,delay and disruption damages,expenses,costs,and statutory Agenda Item #8.B. 22 Jun 2026 Page 94 of 218 H -'-.' I ...I -.I I 1 ‘,I V ..,I g ,. .-;.--.g .-~.V;m;l _II .---Z I I “I _.a ..___I .; II I -..-AI- ;I .z I-..-. I .._..-I . Ia :I..V I (3) attorney's fees,including those incurred in appellateproceedings,that the City sustains because of a defaultby Contractor underthe Contract;or Within a reasonable time,but in no event later than thirty (30)days after 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,determine the amount for which it may be liable to the City and tender payment to the City of any amount necessary in order for the City to complete performance of the Contract in accordance with its terms and conditions less the balance of the Contract price,and shall also indemnify and save the City harmlesson account of all claims and damages arising from the Contractor’s default under the Contract, and pay the City for all losses,delay and disruption damages,and other damages, expenses,costs,and statutory attorney’s fees,including those incurred in appellateproceedings,that the City sustains because of a default of the Contractor underthe Contract. PROVIDED FURTHER,the Surety shall indemnify and save the City harmless from any and all claims and damages arising from the Contractor’s default under the Contract, includingbut not limited to contractual damages,expenses,costs,injury,negligent or intentional default,patent infringement,and actual damages (including delay and disruption damages)in accordancewith the Contract,and including all other damages and assessmentswhich may arise by virtue of failure of the product to perform or any defects in work or materials within a period of one (1)year from the date on which the Contractor receivesfrom the City a certi?cate of ?nal completionunder the Contract. PROVIDED FURTHER,that during any interim period after the City has declared Agenda Item #8.B. 22 Jun 2026 Page 95 of 218 v :1 PROVIDED FURTHER,no right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the heirs,executors, administrators,or succmsorsof the City. Contractor to be in default but Surety has not yet remediedthe defaultin the manner acceptable to the City,Surety shall be responsible for securing and protecting the work site,including but not limited to the physical premises,structures,fixtures,materials,and equipment,and shall be responsible for securing and protecting materials and equipment stored off-site in accordance -10- with the Contract. [Remainder of page left blank intentionally.Signature page followsimmediately.] Agenda Item #8.B. 22 Jun 2026 Page 96 of 218 nw.a lot Type/Print ame Vice President Title WITNESS: dig“re 5 viaJ.R ek Type/PrintName Assistant Secreta Title PREFERRED MA ALS,INC. SIGNED AND SEALED this 13th day of October 2022. FederalInsurance Company /Bonnie Rice Witness By Its Atto y-In-Fact AS SURETY Name of Agent:CaI’OlynE.Wheeler Address:1111 Nonhshore Drive,SuiteN- SSO Knoxville.TN 37919 Signed,Sealed and Delivere in the Presence of: Form Approved CC 0 001156 Note.Date of Bond Must Not Be Prior to Date of Contract AS Agenda Item #8.B. 22 Jun 2026 Page 97 of 218 )( D PDV D As to the Contractor/Principal: Name:PreferredMaterials Inc. Principal Business Address:4636 Scarborou 11Drive Lu Florida 33559 THIS IS AN APPROVED FORM.DO NOT SUBSTITUTE0R REVISE . CONTRACT NUMBER72065-22 PAYMENTBOND NUMBER K416207l7 REQUIREDBY SECTION 255.05,FLORIDASTATUTES Telephone:904-288-6300 As to the Suretv: Name:Federal Insurance Com any Principal BusinessAddress;2023 Halls Mill Road,Whitehouse Station,NJ 08839- 3454 Telephone:908 903-2000 As to the Owner of the Property/ContractingPublicEntity: Name:The Ci of Jacksonville Florida c/o Pub ic Wgrigs”Department Principal BusinessAddress:214 Southeast Ho an Street 10“1Floor Jacksonville Florida 32202 Telephone:904 255-8763 Description of project including address and description of improvements:fumishin not b wa of limitation all labor materials and ui ment and erformin all 0 erations necessary_tg mill and resurface existin roadwa s construct full de th halt widenin stri s and a l as bait avemcnt to re ared base construct or reconstruct ADA ta 5 remove and reconstruct exist__m_g'concrete curb and utter and drivewa s perform related shoulder work and im rove and maintain existin dra'e swales in the Southeast Area all in accordance with lans drawin s and s ecifications. .12 Agenda Item #8.B. 22 Jun 2026 Page 98 of 218 THISIS ANAPPRO VEDFORM DO NOT SUBSTITUTE0R REVISE. CITY OF JACKSONVILLE,FLORIDA PAYMENT BOND REQUIREDBY SECTION 255.05,FLORIDA STATUTES KNOW ALL MEN BY THESE PRESENTS,that PREFERRED MATERIALS,INC., as Principal (hereinafter the IContractor”)and FederalInsurance Cqmwm,a corporation organized and existing under the laws of the State of Indiana and duly authorizedto conduct and carry on a general surety business in the State of Florida,as Surety (hereinafter the "Surety”),are each held and firmly bonded unto the City of Jacksonville, a municipal corporation in Duval County,Florida,as Obligee (hereinafter the “City"),in the sum of TEN MILLION AND 00/100 USD ($10,000,000.00),lawful money of the United States of America,for the payment whereofContractor and Surety bind themselves,theirrespectiveheirs, executors,administrators,legal representatives,successors,and assigns,jointly and severally, ?rmly by these presents. WHEREAS,the Principal made and entered into City Contract Number 72063 (the “Contract”),effective as of the 1st day of October,2022,for furnishing,not by way of limitation,all labor,materials,and equipment and performing all operationsnecessary to mill and resurface existing roadways,construct full depth asphalt widening strips and apply asphaltpavement to preparedbase,construct or reconstruct ADA ramps,remove and reconstruct existing concrete curb and gutter and driveways,perform related shoulder work,and improve and maintain existing drainage swales in the Southeast Area,all in strict accordance with plans and speci?cations prepared by Eisman &Russo Consulting Engineers,Inc.for the Right of Way and Stormwater Maintenance Division of the City of Jacksonville’s Department of Public -13. Agenda Item #8.B. 22 Jun 2026 Page 99 of 218 Lnn Works,bid number CP-0143—22,bid date August 31,2022,designated as Specifications for ContinuousAsphalt Resurfacing Program (North,West,and Southeast Areas),and any advertisement for bids for said 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 Contract and all documents includedas a part of the Contract,all of which are,by this reference,made a part hereof to the same extent as if fully set out herein. NOW,THEREFORE,THE CONDITIONS OF THIS BOND are such that if the said (l)Promptly makes payments to all claimants,as de?ned in Sections 255.05 and 713.01, FloridaStatutes,supplying Principal with labor,materials,or equipment that are consumed or used directlyor indirectly by Principal in connectionwith the prosecution of the work provided for in such Contract and including all insurance premiumson the work and any authorize d extensionsor modi?cationsof such Contract;and (2)Defends,indemni?es,and saves the City harmless from claims,demands,liens,or suits by any person or entity whose claim,demand,lien,or suit is for the payment of labor . materials,or equipment furnished for use in the performanceof the Contract,provided the City has promptly noti?ed the Principal and Surety of any claims,demands,liens,or suits and providedthere is no failure by the City to pay the Principal as requiredby the Contract;and (3)Pays the City all losses.damages.expenses,costs,and attorney's fees,including those incurred in appellate proceedings,that the City sustains because of the Principal’s failure to promptly make payments to all claimants as providedabove,then this Bond is void;otherwise,it remains in full force and effect,both in equity and at law,in accordance with the statutes and the laws of the State of Florida and speci?cally Section 255.05,Florida Statutes. Principal Agenda Item #8.B. 22 Jun 2026 Page 100 of 218 w r.n i -HI -.=u-a 4 -A-..._, .;..-'-H I .u . .‘_ =,--.n-.. .._..;.,._.,.y ..‘.1 I _;2.u .‘_ .n =--v,...__ ';,-,=a.._.‘..A.¢ ,-,-_.:-.--=.,.--‘ n ,4 ,__1 k ‘_\. --x u n ”- PROVIDED,no suit or action for labor,materials,or equipment shall be instituted hereunder against the Principal or the Surety unless a claimant provides to each of them both of the proper notices in accordance with the requirements of Section 255.05(2)(a),Florida Statutes. Both notices must be given in order to institute such suit or action. PROVIDED FURTHER,an action.except for an action exclusively for recovery of retainage,must be institutedagainstthe Principal or Surety on this Payment Bond within one (1) year after the performanceof the labor or completionof delivery of the materials or equipment in 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 Principal or Surety within one (1)year after the performance of the laboror completion of delivery of the materials or equipment,or within ninety (90)days after the Principal’s receipt of ?nal payment (or the payment estimate containing the Owner’s ?nal reconciliationof quantities if no timber payment is earned and due as a result of deductive adjustments)by the Principal or Surety,whichever comes last,in accordance with the requirements of Section 255.05(2)(a),Florida Statutes. 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?cations accompanyingthe same shall in any wise affect its obligation on this Bond,and it does hereby waive notice of any such change,extension of time, alteration,or additionto the terms of the Contract or to the work or to the speci?cations. Agenda Item #8.B. 22 Jun 2026 Page 101 of 218 Type/PrintName Assistant Secretary Title ign ure Type/Print Name Vice President Title AS PRINCIPAL WITNESS:PREFERRED MATE"ALS,INC. SIGNED AND SEALED this 13th day of October .2022 Federal surance Com an By:1&1:/ “Its At!ey-n-Fact AS SURETY Name of Agent:Carol ngz?heelcg 111l NorthshoreDrive.Suite N-550s:' Signed,Sealedand Delivera dinthePmenceof: .M‘C(/ Note.Date of Bond Must Not Be Prior to Date of Contract CBC, Bonnie Rice Witness Form Approved Signa e Agenda Item #8.B. 22 Jun 2026 Page 102 of 218 09®® w® \O Nut-g) CHUBB" Power of Attorney FederalInsurance Company |VlgllantInsurance Company IPaci?cIndemnity Company Westchester Fire Insurance Company IACEAmericanInsurance Company Know All by There Plumb.that FEDERALm NMPA'NY.an Indiana mporauon.WGILAN’I‘INSURANCECOMPANY.a NewYork corpontltm.PACIFI CINDEMNITYCOMPANY.3 Mn amputation.WEBSTER FIRE INSURANCECOMPANYand ACE AMERICANINSURANCEWAN?eorpomtom ol'the Commonwealthofi’ennsyiwnndoeach herebyeonstltuteandaopolm Carolyn E.Wheeler each as theirtrue and lawfulAttomey-in-Fact to execute under suchdalmatianIrttheir names and to af?x theircorporate ml:to and dcer [or and on thelr behalf»surety thereon or otherwise.bondsand undertakingsand otherwrttinp ohltgatoryin the nature thereof(other than hall bonds)given or executed In the course of business.and any Instnmtem amendtmoraitennxmenmeandmumthe modi?cationoralterattonoranyltun-tunent referredto In seldhondsorobllgatlons. In mm M “It!FEDERALINSURANCECOMPANY.Vim INSURANCECOMPANY.PAGFIC mm COMPANY.wnsmttns'rak FIRE INSURAN CEWANYBMACBAMBRICANINSURANCBCOMPANYI‘meeadtexecutednndanateddtesepraemandamxeddtehcomomesonlsmthlsIo‘daydmm thwn ll.Chime AssistantStu-entry Stephut .\l,Haney.Vice[insult-m STATEOFNEWJHEY County ofHunterdon 5' 0n thisto‘dayofMardhaoao before me.:NonryPublIcorNawIemyJemnaliywneDawnMChIorosandswhenM.Haney. tomeknowntobeAnlstantSecremyandVleePrelkiem.respectively.of FEDERALINSURANCECOWANY.VIGIIAN'I'INSURANCECOMPANY.PACIFICINDEMNITYCOMPANY.WESTCHESTERFIREINSURAN CECDMPANYandACBAMBRICANINSURANCEmMPANRdIeoompanmthdtmmwdmIntegrinxPowet-ofllttomeymndthealdDawn M.ChlomsandStephen MJIaney. behghymeduiymom.severallyand each forhuseli‘andhtmselt‘dtddeposenndsay thatthey are AssistantSecretaryand VicePresident.mpectiveiy,orFEDERALINSURAN CECOMPANY.VIGILAN'I'INSURANCECOMPANY.PACIFICINDEMNITYCOMPANY.NEWER FIREINSURANCEmMPANYand ACEAMERICANINSURANCE-lCOMPANYand knowuteeorponteseak?tereo?thatthemlsa?lxedtotheforegolnghwerofmeyaremheorpontemhandweretheretoamxedbyauthorltyofsudt‘ nmpantegmdmmmmwmdtomemmdtdyaMandnwnbedbyukuuuw?ty. Wk'MYREAINE4.mWWPUBLIC0?“:ng “?lm!WWI-8M 1..203‘MW CERTIFICATIONmumadoptedbytheBoard!ofDlrectm ul'FEDERALINSURANCECOMPANY.VIGIMNTINSURANCE(DMPANY.and PACIFICINDEMNITYCOMPANYon August30.2016: WEI FIREINSURANCBmMFANYmDowmbuILZOOEandACEAMBRICANINSUMNCECOWANYmMaM20.2009: 'RESOLVED.tintMManwtlnmmmmedtheW.dmmmmmmnwuh?m?immn?mnbo?hemmm altered wohmmmdmtaannmm-unm (it EachoI'IIte autumn.tII President ind the Vice President!oI'IthumtIIturIIherehy mthorlmt mummywunmmmmnment forundonbehnll’oflhel‘ nmpnnymndertheedd?temnnanyomthwke. t2)Mdulyamoimedenomeymdtlummpmyhhenbyww mmewwmenmmmlum for :ndonbehulfofdtemnpany.ttndertheuiofthecompmynr mmnotheuteutdutndtauinnhwutomedbylbemntol‘pmenorwided?xinwohperwn'twrimeppolnlmtmsudtmomey-Itrfm. a)Path olrhe autumn.the Presidatt and Ihern nuldenttolthecomwruhherebyauthomedhrmlm behnll'ofthemmnanynnxppumtnmuuw pm the attorney- ln-rta dthe Company wt:Ml paw nnduuho?tymexeaue,(or and on behalfottheOompany,under the talortluoxuunyoruherwtsemhwmenummIMonh Wmamkwmmmmmwhkhmnu?mmymnymIypenrdasnfwnmn Commitmentsor bytped?mionof one armament: WW {4)M oftlte Oulnmn.the Pmldmt and the Vine Pruitt“:ofmeannpettyIsItetebyatuhrMbrattdonbehailoftheuompnrwmdelgateinwhingtomyothao?keromu Dunmmeau?mtrymami‘onndonbehil al’the Company.under the We an!or 0mm.such WmtenCMnn-tlnnentxoftheantpanyasmsped?edinwch mmmmuehmd?wlon may be by general typenrdas-ofwm annulment.-or bywedllmtlonofmornmmkuiawtmammmnenu (5t mmmdmywwmmmmmymmmawdmwm mummthh?unhnlomand?tualdtheompmmmybumxedby Euhnhmmmmm?mtamwmwm WWI/ED.that the W Resolutionshall not thMmmhmmmemof?mwmmdamhnry?Mu-?muand ummtow IotaMonbehalfof theCompnymndmdtWMmt?mhorotltawkea?edtheexerebeofmymohpowemrnuundtyuhemvn?t?ypmtedorvmnf l.Dawn M.Chloms.Mum my of FEDERALINSURANCECOMPANY.“GRANT INSURANCEOOMPANY.PACIFICINDEMNITYCOMPANY.WES'Im-II’STERFIRE INSURANCECOMPANYand ACEAMERICANINSURANGCOMPANY(the 'Cmnpanlcs')“hembycetdl'ythat (I)theforegnlngResqutlom udoptedbythe?mtdnf Directomnfthemmpanleturetrue.eorrectandIn fullforoeandeffect. (II)thefortgolngmyo?meyismmnedmdmfu??rmenndm e,"-'.?."5mw?mwmmmammmmmmmsmnunsOctober13.2022 {R .@ Qmmcm.W ..'[lawn \i.Clthm.W-.mtstrmutry' 3..INTHEEVENI‘VOUWISHTOWAIFVNEAIMHCITFOF'HIBMNDORNUHFYUSOFANYUMEMATTER.PIEASEmNI‘ACI’USAT: 'them Mus:n:903655 9.1!“:mret Cm:FED-“WWI:(NV,11-19) Agenda Item #8.B. 22 Jun 2026 Page 103 of 218 Contract Purchase Agreement FDA-7206522 FDA-7206542 26-59-2022 0 10 000 000.00 USD CP-0143-22 'r’ Sold To City of Jacksonville SuppiieribPreferredMaterials Inc.(a ORH Company) 117 West Duval Street W*11482\Columbia Park Drive West Suite 315 \‘a Sultan? JACKSONVILLE.FL 32202 J », JACKSONVILLE,FL 32258 US 1“ .,/-f ‘N '/ Notes Pricing in accordance with CP-0143-22 ContinuoneAighaitResurfacing Program (Southeast Area). Net 3 F03 Destination Beet Way 1-Oct-2022 ”Sop-2023 David Kiagee dkiagee®cojmet This Order is subject to the General conditions attached here to.Approved by Gregory Pease,Chief Procurement Divisio nManufacturersFederalexcisetaxexemptno59-89-0120K FloridaState sales and use tax exemption no.85801262160708 Agenda Item #8.B. 22 Jun 2026 Page 104 of 218 FUBJECT:CONTINUOUSASPHALTRESURFACINGPROGRAM(NORTH.WEST,AND SOUTHEASTAREAS) BID#:CP-0143-22 OPEN DATE:8/31I2022 G NERA VERNMENTAWARD MMITTEE KINDAND BASIS OF CONTRACT:CONSTRUCTIONCONTRACT—OCTOBER 1,2022 THROUGHSEPTEMBER 30. 2023 WITHTWO (2)ONE (1)YEARRENEWALOPTIONS AGENCY:RIGHTOF WAY &STORMWATERMAINTENANCEDIVISION BASIS OF AWARD:BYAREA TO THE LOWESTRESPONSIVEIRESPONSIBLEBIDDERFOR THATAREA NUMBEROF BIDS INVITED:3 NUMBERRECEIVED:a OTHER:Q SQMMB!QEEIQSANDREQQMMENDEDACTIONS: Recommend approval of award to the lowest responsive.responsible bidder,Preferred Materials,Inc..for each area (North.West.and Southeast)in the initial annual not-to-exceed expenditure amount of $10,000.000.00 per area.Total initial not-to-exoeed award amount will be 830.000.000.00.Period of service will be from October 1.2022 through September 30.2023 withtwo (2)one (1 )year renewal options. Funding for this award will be encumbered from various Right of Way and Stormwater Maintenance Division accounts. executed by formal contract through the Of?ce of General Counsel,and processed via individual Purchase Orders. This award is subject to appropriation by the City in the ?scal year beginning October 1,2022.No funds have been appropriated to date.The City has no obligation for payment and work hereunder is not authorized unless funds are appropriated for work herein.A written notification will be provided in the event the funds are appropriated. ATTACHMENTS:Recommendation Memo.EBO Review.Bid Tabulation.Scope 01 k.sis of Award ANALYST:Q@%E .51:RESPECTFULLYSUBMITTED:W/DAVIDKLAGES PEASE.CHIEF PROCUREMENTDIVISION CONCURRENCEBY:ALINLTENANCEDIVISIQN (ALL AWARDACTIONSSUBJECT TO LAWFULLYAPPROPRIATEDFUNDS) ACTION OF GGAC COMMITTEEON RECOMMENDATIONSABOVErMEMBERSAPPROVINGMEMBERSDISAPPROVING(9‘DATE:_?/9-9'20239.. OTHER: q ACTIONOF AWARDINGAUTHORITY DATE APPROVED \/DISAPPROVED OTHER SIGNATURE OF AUTHENTICATION Chic!AdminisuativeO?icer Under Authority 0!: ExecutiveOrder No:2019- WWW“... ‘1 Agenda Item #8.B. 22 Jun 2026 Page 105 of 218 me N N J w H 0. 0 0. 0 0. 0 00 . 9 3 @9 t h wo d h ? mo d : 00 . 0 5 . . wc é ? n mN . m H o . v m RO J K wo d h a . .0 3. . 8. 8 . 5 :3 . 59 0 33 3 . 3 2 . . mm E .2 0 . . . 0. 0 0, 0 0. 0 «30.22,.30“£5”..«wmcotw«datum«mac 95 : : 4m m 13 3 2 . E9 3 : Gab—BUBo wm d m m a oé w mu m «.390_>an : EE E mu m . & u : 2 m _ : o t : o mnmw?waw00.0368.3oodoo8&8;8.me8&de8.8m8.00moeémmoodmmd:29...mw?uuému£34 ?? ‘ ? ‘ ? ? ? ? - ? a i ? ? «05.5on0mmcom93owmm<w.5u:omm cod2:madoNNowdcoaHoNHHu.. ..2 . «w o o W? ? ? é ? ? ‘ k ? ' ? ? mo d h n mo .wh a aq w n a mo .m K H wo d h w wa d ? @0 6 5 . 35 . 2a . , 2. 2 2 co t — 5 . m :2 5 : 5m m 9. 5 Em u c ? w “E m a . 22 : 6 . 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B . 22 J u n 2 0 2 6 Pa g e 1 0 6 o f 2 1 8 .5o...58 95::.3 :2.30“£23.?mnot».30.59... «23.3080 :22 » ?s??:Rug »9.45 a B 813 w RES :2:a E 933 www.m? onwdnmm he an."?ha hwwmm m 02 mm a 525 w a $45”adeNméH HHNhodh madw?doa No.mmm.: w a «mm.HH mowdm mwh.wk vmcd hvéh? bed: nvéhu hvéh? hvéna wvéhw ed 06 Nam 95% «hvénn a 53:.” w ndmm av ON. m9 w odwu owhm “(I 0 ‘:3 m m z..m a..,.:1:n:',i-.1 f.m -mm3‘m I 73:..."Ex .5 a £35 5 :1:.6... H :51 ES “3“:.23:SEE jl 4m :52 .596: Z F.i. ?x .05rolawgauge?“ 23 .__053:0 .7132:2..5.... T.E T.7.7. ”gamma mg 33 SEN a 3 28 $222.:5::>93:5 c2528 2::2 >m nhdmw?n.‘ oc.mwh.n equw? ooémm 8de ”—50... wh?amBNQ a $ $wa wR8:».w85.2% aR:maE3mg $asHa30:22.335 n...u...3...30EB.m5.— EESAE»3gm45.mddm\3”5.2288Uz??m<as”:395338 a 93 cazowamE.mu?EEwmmago—:33 :0 memm 2mg 52,3 .26 £53...325 .EmEEoo cam—Eh 23 $0 $223 Z?w .=U 339:0“. ”magnum...§o=w>296m 5&3 Rqum 2.855 m??wd? $.m~v.2 3.85“ 8.3% “99496901- ndwww m.mwmm <6ch Q.H mm #5 mwm UVN com owmmn 252 «$5 .3393 wdnv 0.0NN wmw? ?ag on. mmmmmmd?mv uE>m¢a 5:2 wNON ovdomd Emu.“muonsuntsmo:mNI Ego» futni FEEL «mnu 9.35m 1.3— om?v?vm VNNKNM ":5 an: mm«mm.Hv nthaKNV Agenda Item #8.B. 22 Jun 2026 Page 107 of 218 Page 108 of 218 Agenda Item #8.C. 22 Jun 2026 Page 109 of 218 Agenda Item #8.C. 22 Jun 2026 Page 110 of 218 Agenda Item #8.C. 22 Jun 2026 Page 111 of 218 Exhibit A Page 1 of 13 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as the “Agreement”) is by and between the City of Atlantic Beach, a municipal corporation (hereinafter referred to as the “City”), and Kevin Hogencamp (hereinafter referred to as “Hogencamp” or as “City Manager”), an individual who has the education, training and experience in local government management and meets all of the qualification requirements of the City Charter including but not limited to Section 22. W I T N E S S E T H: WHEREAS, the City desires to employ Hogencamp as City Manager of the City of Atlantic Beach, Florida, as provided for in Section 10 of the City Charter of the City of Atlantic Beach; and WHEREAS, the City, through its City Commission, desires to provide for certain benefits and compensation for the City Manager and to establish conditions of employment applicable to the City Manager; and WHEREAS, Hogencamp desires to accept employment as City Manager of the City of Atlantic Beach under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises as set forth in this Agreement, the parties agree as follows: Section 1. Term. This Agreement shall remain in full force and effect from the date it is fully executed by both parties until terminated by either the City or the City Manager as provided herein. The City Manager’s employment under this Agreement began June 8, 2026. Section 2. Duties and Authority A. The City of Atlantic Beach agrees to employ Hogencamp as its City Manager to perform the duties and functions specified in the City’s Charter and Code (including but not limited to Article III, City Charter) and to perform other legally permissible and proper duties and functions as the City Commission shall from time to time assign. B. The City Manager is the chief executive officer of the City and shall faithfully perform the duties as prescribed in the job description as set forth in the City’s Charter and/or ordinances and as may be lawfully assigned by the City and shall comply with all lawful Commission directives, state and federal law, City policies, rules and ordinances as they exist or may hereafter be amended. Agenda Item #8.C. 22 Jun 2026 Page 112 of 218 Exhibit A Page 2 of 13 C. Specifically, it shall be the duty of the City Manager to employ on behalf of the City all other employees of the organization consistent with the policies of the governing body and the ordinances and charter of the City. D. It shall also be the duty of the City Manager to direct, assign, reassign and evaluate all of the employees of the City consistent with policies, ordinances, charter, state and federal law. E. It shall also be the duty of the City Manager to organize, reorganize and arrange the staff of the City and to develop and establish internal regulations, rules and procedures which the City Manager deems necessary for the efficient and effective operation of the City consistent with the lawful directives, policies, ordinances, state and federal law. F. It shall also be the duty of the City Manager to accept all resignations of employees of the City consistent with the policies, ordinances, state and federal law, except the City Manager’s resignation, which must be accepted by the Commission. G. The City Manager shall perform the duties of City Manager of Atlantic Beach with reasonable care, diligence, skill and expertise. H. All duties assigned to the City Manager by the Commission shall be appropriate to and consistent with the professional role and responsibility of the City Manager. I. The City Manager cannot be reassigned from the position to another position without the Commission’s express, written consent and approval. J. The City Manager or designee shall attend and shall be permitted to attend, all meetings of the Commission. K. The Commission, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints and suggestions called to their attention to the City Manager for study and/or appropriate action. Section 3. Compensation A. The City agrees to pay the City Manager an annual base salary of $230,754.70 (the “Salary”) payable in installments at the same time as other City employees are paid. B. Cost of Living Adjustments (COLA). The City Manager shall receive the same COLA increases provided to all other City general employees. C. The City may increase said Salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Commission may determine desirable. This Agreement shall be automatically amended to reflect any Salary and benefit adjustments that are provided to the City Manager by the Commission. The term “Salary” as used herein shall refer to the base Agenda Item #8.C. 22 Jun 2026 Page 113 of 218 Exhibit A Page 3 of 13 salary as adjusted by COLA and as other adjustments by the City Commission at the applicable time. D. Annually, and in compliance with the provisions of applicable law, the City Commission and City Manager shall define such goals and performance objectives that they determine necessary for the proper operation of the City and in the attainment of the City Commission’s policy objectives. Said goals and objectives shall be generally attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. Section 4. Health, Disability and Life Insurance Benefits A. The City agrees to provide and pay the premiums for vision, dental, and comprehensive medical insurance for the City Manager under the high-level PPO plan offered to other full-time City employees. If the City Manager elects to add a spouse at the City’s expense, the coverage must downgrade to the mid-level HMO plan, or the City Manager must pay the cost differential to maintain the high-level PPO plan. B. The City agrees to put into force and to make required premium payments for short term and long-term disability coverage for the City Manager. C. The City shall pay the amount of premium for term life insurance in the amount of $50,000. The City Manager shall name the beneficiary of the life insurance policy. Section 5. Personal Leave A. Upon commencing employment, the City Manager shall be credited with 120 hours of personal leave at the City Manager’s hourly rate. Rather than carrying this personal leave forward, the City Manager may choose to be compensated for a portion of it via a one-time payment equivalent to 60 hours. If this option is selected, payment shall be issued within thirty (30) days following the effective date of appointment as City Manager, subject to all applicable payroll taxes and withholdings. This payment is intended as a one-time recruitment incentive and shall ofdayfirst the beginning addition, compensation. recurring considered benot In employment, the City Manager shall accrue personal leave at the rate for employees under the same rules and provisions applicable to other general employees. B. In recognition of accrued annual leave that exceeds the maximum carryover permitted under the City’s leave policy—and would otherwise be lost at the end of the fiscal year— the City shall provide the City Manager a one-time payment equivalent to one hundred twenty (120) hours at the Interim City Manager’s hourly rate. This payment recognizes accrued leave earned during prior service with the City and shall be paid within thirty (30) days following the effective date of appointment as City Manager, subject to all applicable payroll taxes and withholdings. Agenda Item #8.C. 22 Jun 2026 Page 114 of 218 Exhibit A Page 4 of 13 C. The City Manager is entitled to accrue all unused leave, up to 680 hours, and in the event his employment is terminated, without cause, the City Manager shall be compensated for all accrued personal leave up to 340 hours. Section 6. Automobile Allowance; Cell Phone A. The City agrees to pay to the City Manager, during the term of this Agreement and in addition to the Salary and benefits herein provided, the sum of $500 per month, payable monthly, as a vehicle allowance to be used to purchase, lease or own, operate and maintain a vehicle. The City Manager shall be responsible for paying for liability, property damage and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair and regular maintenance of said vehicle, including fuel or electricity. The City shall reimburse the City Manager at the IRS standard mileage rate for any business use of the vehicle beyond 100 miles of the City limit. B. The City shall provide the City Manager with a city-issued cell phone. Any information received or retained on the city-issued cell phone shall be a public record. The City agrees to indemnify and hold City Manager harmless and bear the cost of defense for any legal claim under any public records law for any information received or retained on the city-issued cell phone. Section 7. Retirement The City agrees to pay, on an annual basis, an amount equal to ten percent (10%) of the City Manager’s Salary to a Mission Square 401(a) account. The City's contribution shall not exceed the limits established by federal statute and/or regulation. Such payments for City Manager’s retirement will be in lieu of any such payments which the City would have otherwise made on behalf of City Manager to the City’s defined contribution pension plan. The City Manager may participate in any optional supplemental retirement plan offered to employees. Section 8. Professional Development A. The City agrees to pay the City Manager’s professional dues for membership in the ICMA, Florida League of Cities and the Florida City and County Management Association. The City may pay other professional dues and subscriptions on behalf of the City Manager as are approved in the City’s annual budget (on a line item basis) or as authorized separately by the City Commission. B. The City agrees to pay reasonable and customary travel and subsistence expenses for the City Manager’s travel to and attendance at professional and official travel, meetings and occasions to adequately continue the professional development of the City Manager, including but Agenda Item #8.C. 22 Jun 2026 Page 115 of 218 Exhibit A Page 5 of 13 not limited to the ICMA’s annual conference, the Florida City and County Management Association’s annual conference, the Florida League of Cities’ annual conference or other similar professional development training opportunities, provided the associated expenses do not exceed the allocated appropriation in the City’s annual budget. Section 9. Community Involvement The City recognizes the desirability of representation in and before local civic and other organizations, and encourages the City Manager to participate in these organizations to foster a continuing awareness of the City’s activities as well as the community’s attitudes and ideas. The City may pay dues or membership fees toward local civic organization(s) on behalf of the City Manager as are approved in the City’s annual budget (on a line item basis) or as authorized separately by the City Commission. Section 10. Holidays The City Manager is entitled to the same paid holidays as the general City staff. Section 11. Termination by the City and Severance Pay A. The City Manager shall serve at the pleasure of the City Commission, and the City Commission may terminate this Agreement and the City Manager’s employment with the City at any time, for any reason, or for no reason. B. Should a majority of the entire Commission vote to terminate the services of the City Manager “without cause”, then within ten (10) business days following such vote, the Commission shall cause the City Manager to be paid any accrued and unpaid Salary and benefits earned as of the date of the vote to terminate (including personal leave but excluding such items and allowances as are used in conducting City business such as, but not limited to, the use of the automobile allowance). Within forty-five (45) calendar days following the vote to terminate the City Manager’s employment “without cause”, the Commission shall cause the City Manager to be paid a lump sum severance pay equal to 20 weeks of his Salary as full and complete payment and satisfaction of any claims of the City Manager of whatsoever nature arising out of this Agreement or otherwise. As consideration for such payment, the City Manager shall, prior to receipt thereof, execute and deliver to the City a general release of the City and its Commission members and its officers, agents, and employees for all acts and actions from the beginning of time until the date of release, in substantially the form which is attached hereto and made a part hereof as Appendix 1. Any severance pay paid under this Section shall be in accordance with, and subject to the limits of, Section 215.425, Florida Statutes. C. In the event the City Manager is terminated “for cause,” the City shall have no obligation to pay the amounts outlined in Section 11, paragraph B of this Agreement, except for accrued and unpaid Salary and benefits earned as of the date of the vote to terminate with cause, and shall have no obligation to provide the general release attached as Appendix 1. For purposes Agenda Item #8.C. 22 Jun 2026 Page 116 of 218 Exhibit A Page 6 of 13 of this Agreement, “for cause” is defined and limited for purposes of this Agreement to any of the following: 1. Conviction or a plea of guilty or no contest to a felony crime, or a crime involving a breach of public trust, whether or not adjudication is withheld; 2. Repeated violation of any City policy, rule, or regulation following notice of the initial violation; 3. Any intentional act involving moral turpitude causing substantial disrepute to the City; or 4. “Misconduct,” as defined in Section 443.036(29), Florida Statutes. Section 12. Termination by the City Manager A. The City Manager may terminate this Agreement or voluntarily resign at any time by delivering to the City Commission a written notice of termination or voluntary resignation a minimum of forty-five (45) days prior to the effective date of the termination or resignation. In its sole discretion, the City may waive, or shorten, the forty-five (45) day notice period by a majority vote of the entire Commission (three members). B. If the City Manager terminates this Agreement or voluntarily resigns after providing the written notice required in Section 12(A), then the provisions of Section 11(B) above, shall not apply. If the City Manager terminates this Agreement or voluntarily resigns after providing the written notice required in Section 12(A), the City shall pay to the City Manager any accrued personal leave. Other than paying the City Manager any accrued compensation that he has earned as of the date of his termination, the City shall have no further financial obligation to City Manager pursuant to this Agreement, unless the City Commission by a majority vote of the entire Commission (three members) agrees to provide any other consideration. In such event, and as consideration of said approval, the City Manager shall execute and deliver to the City the general release as referenced in Section 11 B hereof. C. If the City Manager terminates this Agreement or voluntarily resigns without providing the notice required in Section 12(A) herein, the City shall not pay to the City Manager any accrued personal leave. Other than paying the City Manager any accrued compensation that he has earned as of the date of his termination, the City shall have no further financial obligation to City Manager pursuant to this Agreement. Section 13. Residency Requirement The City Manager agrees that he will reside within the City as a condition of his employment as City Manager and agrees to move to the City of Atlantic Beach, as his/her residence, within six months of the date of this Agreement. Agenda Item #8.C. 22 Jun 2026 Page 117 of 218 Exhibit A Page 7 of 13 Section 14. Indemnification. A. Subject to the limitations set forth in Section 768.28, Florida Statutes, and without waiving the sovereign immunity of the City, the City shall defend, hold harmless, and indemnify the City Manager against any action for any injury or damage suffered as a result of any act, event, or omission of action committed by the City Manager within the scope of his employment hereunder, provided that the City Manager timely reports the same to the City Commission and cooperates fully and honestly in the City’s defense thereof. The City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. The provisions of this Section shall not apply to any claim, demand, suit or cause brought or asserted against the City Manager for his acts or omissions committed while acting outside the course and scope of his employment under this Agreement, committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, property or civil rights. In such instance, the City shall be under no affirmative obligation to indemnify or defend the City Manager and the City Manager shall be solely responsible for all costs associated with his legal defense and any settlement(s) or judgment(s) rendered in connection with the charged conduct. B. Said indemnification shall extend beyond the termination of employment and the expiration of this Agreement to provide protection for any such acts undertaken or committed in his capacity with the City as City Manager, regardless of whether the notice of claim or filing of a lawsuit occurs during or following employment with the City. Section 15. Bonding The City agrees to bear the full cost of any fidelity or other bonds required of the City Manager under any policy, regulation, ordinance or law. Section 16. Code of Ethics The “Code of Ethics” promulgated by the ICMA, as may from time to time be amended, is incorporated herein, and by this reference made a part hereof. Said “Code of Ethics” shall furnish principles to govern the City Manager’s conduct and actions as City Manager of the City. Section 17. General Terms and Conditions A. This Agreement sets forth and establishes the entire understanding between the City and the City Manager relating to the employment of the City Manager by the City. Any prior discussions or representations by or between the City and the City Manager are merged into and rendered null and void by this Agreement. The City and the City Manager by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this Agreement. Agenda Item #8.C. 22 Jun 2026 Page 118 of 218 Exhibit A Page 8 of 13 B. This Agreement shall be binding on the City and the City Manager as well as their heirs, assigns, executors, personal representatives and successors in interest. C. This Agreement shall become effective on the last date signed by the parties. D. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both the City and City Manager subsequent to the expungement or judicial modification of the invalid provision. E. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. F. A default shall consist of the breach or anticipatory breach of any covenant, agreement, representation, provision or warranty contained within this Agreement. If a default, breach or anticipatory breach occurs, the party not in default may, at any time or from time to time, pursue to enforce its remedies under this Agreement by suit in equity, action at law or by any other appropriate proceeding, for damages or other relief, or proceed to take any action authorized or permitted under applicable laws or regulations; provided, however, the parties shall, prior to initiating any court proceedings, initiate and complete mediation with a Florida Supreme Court certified mediator in accordance with the procedures set forth in Section 44.102, Florida Statutes, with costs to be equally shared. G. This Agreement and the rights, obligations and remedies hereunder shall be interpreted and governed in all respects by the laws of the State of Florida. Any suit, action or other legal proceeding arising out of or relating to this Agreement shall be brought in courts of competent jurisdiction in and for Duval County, Florida. Executed by the City of Atlantic Beach, Florida this ____ day of ________________ 2026. CITY OF ATLANTIC BEACH, FLORIDA By: ______________________________ Curtis Ford, Mayor ATTEST: Donna Bartle, City Clerk Agenda Item #8.C. 22 Jun 2026 Page 119 of 218 Exhibit A Page 9 of 13 Executed by the CITY MANAGER this ______ day of __________, 2026. Kevin Hogencamp Agenda Item #8.C. 22 Jun 2026 Page 120 of 218 Exhibit A Page 10 of 13 APPENDIX 1 SEPARATION OF EMPLOYMENT AND GENERAL RELEASE AND WAIVER This Separation of Employment and General Release and Waiver Agreement (Agreement) is made by and between the City of Atlantic Beach (City) and Hogencamp (City Manager). WHEREAS, City has employed City Manager; however the parties wish to enter into a voluntary agreement to terminate their employment relationship and to resolve any actual or potential claims that either party may have against the other by reason of City Manager’s employment or termination thereof. WHEREAS, the parties desire to set forth the terms and conditions governing City Manager’s separation of employment and to provide for the settlement and release of any and all disputes or controversies that have arisen, or which may hereafter arise, between City and City Manager, including without limitation, any and all claims arising out of or in any way related to City Manager’s employment with or separation from the City. NOW THEREFORE, in consideration of the mutual covenants herein contained and the mutual benefits to be derived therefrom, the sufficiency of which consideration is hereby acknowledged by the undersigned, City and City Manager agree and state: 1. TERMINATION OF EMPLOYMENT Upon their mutual agreement, City Manager’s employment with City shall terminate on ___________, 20__, which shall be (was) City Manager’s final date of employment. 2. NO ADMISSION OF LIABILITY This Agreement is not an admission by City Manager or City of any wrongful conduct whatsoever. Both parties deny and disclaim any liability to or wrongful conduct against the other or any third party. 3. PAYMENT AND BENEFITS City Manager shall receive his/her last regular paycheck at the regular scheduled payroll date. Within ten days of this Agreement, City Manager shall receive an additional payment to compensate for accumulated personal leave, subject to customary payroll deductions. As consideration for this Agreement and the release contained within, and in full and complete satisfaction of all obligations due and owing City Manager, City shall: Pay City Manager an amount equal to twenty (20) weeks of his current Salary, subject to customary payroll deductions. 4. SURRENDER AND VACATION OF EMPLOYER’S PROPERTY Upon execution of this Agreement, City Manager shall deliver all of City’s property in his/her possession and further, shall vacate City’s property. Agenda Item #8.C. 22 Jun 2026 Page 121 of 218 Exhibit A Page 11 of 13 5. RELEASE AND WAIVER OF CLAIMS In consideration of the benefits to be provided to City Manager pursuant to this Agreement, City Manager hereby irrevocably and unconditionally releases, waives, acquits and discharges the City and each of its past, present and future elected officials, department heads, officers, employees, agents, representatives and attorneys from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred), of any nature whatsoever, whether known or unknown, Including specifically claims under the Age Discrimination in Employment Act of 1967, arising out of any act, omission, or event from the beginning of time up to the execution of this agreement. City hereby irrevocably and unconditionally releases, acquits and discharges City Manager from any and all charges,complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement; provided, however, that this release does not extend to, and the City expressly reserves, any claim arising from fraud, theft, misappropriation or misuse of public funds or property, intentional misconduct, or any criminal act committed by the City Manager. 6. REFERENCES AND NON-DISPARAGEMENT If it is necessary for City to provide a reference to a prospective employer, City Manager agrees that he will direct the prospective employer to contact the Director of Human Resources at the City of Atlantic Beach. Additionally, City Manager and the elected officials agree that they shall not disparage or make untrue statements about each other; provided that this Section shall not apply to comments made to any other governmental entity or as required by law. Nothing in this Section shall restrict or limit any elected official in the discharge of official duties, in any public meeting, in the consideration of City business, or in connection with any matter of public concern, and this Section shall not be construed to abridge any right protected by the First Amendment to the United States Constitution or Article I, Section 4 of the Florida Constitution. 7. REPRESENTATIONS AND WARRANTIES The undersigned parties hereby represent and warrant the following to the other: a. City Manager represents and warrants that: he/she is legally and mentally competent to sign this Agreement; he/she is the sole owner of any claims against the City; he/she has the requisite capacity and authority to make this Agreement, and no portion of any existing or potential claims has been sold, assigned or pledged to any third party; and he/she presently possesses the exclusive right to receive all of the consideration paid in exchange for this Agreement. b. City Manager represents and warrants that he/she has not and will not file any complaints, charges or lawsuits against City or any of its past, present and future elected officials, department heads, officers, employees, agents, representatives or attorneys with any governmental agency or any court, including without limitation, any claim or matter of any nature whatsoever related to or arising out of his employment with or separation of his/her Agenda Item #8.C. 22 Jun 2026 Page 122 of 218 Exhibit A Page 12 of 13 employment, except City Manager expressly reserves the right to file a claim for unemployment benefits. City Manager further agrees to indemnify and hold City harmless from any and all loss, costs, damages or expenses, including reasonable attorney fees incurred by City, arising out of any claim that may hereafter be made by City Manager or any other party. c. City represents and warrants that it has not and will not file any complaints, charges or lawsuits against City Manager with any governmental agency or any court, including without limitation, any claim or matter of any nature whatsoever related to or arising out of City Manager’s employment with or separation of his/her employment with City. d. Each party is fully aware of the contents of this Agreement and of its legal effect and understands that it should obtain legal advice regarding this Agreement as they deem appropriate. The parties hereto and each of them, have carefully read this Agreement and know the contents thereof, and they signed the same freely and voluntarily. e. This Agreement sets forth the entire agreement between the parties and supersedes any and all prior agreements or understandings between the parties pertaining to the subject matter herein. No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision of this Agreement or of any succeeding breach of the same provision. No delay in acting with regard to any breach of any provision of this Agreement shall be construed to be a waiver of such breach. If any provision in this Agreement is found to be unenforceable, all other provisions will remain fully enforceable. f. No promise or inducement has been made or offered, except as herein expressly set forth, and this Agreement is executed without reliance upon any statement or representation by any of the released parties or their representatives. g. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. h. This Agreement and any amendments hereto may be executed in multiple counterparts by the parties, or copied. Each counterpart or copy shall be deemed an original, but all counterparts together shall constitute one and the same instrument. 8. JURISDICTION This Agreement shall be governed by the laws of the State of Florida, and venue shall be in Duval County, Florida. 9. BINDING EFFECT This Agreement shall be binding upon and shall accrue to the benefit of the parties hereto, their respective heirs, personal representatives, successors in interest and assigns. Agenda Item #8.C. 22 Jun 2026 Page 123 of 218 Exhibit A Page 13 of 13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates set forth below and each hereby acknowledges receipt of an executed copy of this Agreement. On behalf of the City of Atlantic Beach, Florida: _______________________________________ ______________________________ Curtis Ford, Mayor Date City Manager _______________________________________ ______________________________ Kevin Hogencamp Date Agenda Item #8.C. 22 Jun 2026 Page 124 of 218 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 0 Resolution No.26-82 BUDGET:No negative impact;contract was never executed,resulting in a cost savings of the unexpended recruitment funds. AGENDA ITEM:Resolution No.26-82 SUBMITTED BY:Robert Blanco,Director of HR,Safety &Risk Management TODAY’S DATE:June 12,2026 MEETING DATE:June 22,2026 BACKGROUND:The City of Atlantic Beach issued Request for Proposals (RFP)No.26-03 for a City Manager Executive Search Firm.In response,Strategic Government Resources,Inc.(SGR) submitted a proposal dated April 8,2026.On May 26,2026,the City Commission adopted Resolution No.26-60,authorizing an agreement with SGR to conduct a search for a permanent City Manager.However,this Recruitment Agreement was never executed by the City. At its regular meeting on June 8,2026,the City Commission appointed Interim City Manager Kevin Hogencamp to the permanent position of City Manager.In light of this appointment,the executive recruitment services and search process are no longer necessary.Resolution No.26-82 has been prepared to rescind Resolution No.26-60 in its entirety and con?rm that the prior authorization is of no further force or effect. RECOMMENDATION:Consider approving Resolution No.26-82 ATTACHMENT: REVIEWED BY CITY MANAGER: Agenda Item #8.D. 22 Jun 2026 Page 125 of 218 ll H l I I .I ,I:II I_= '| I . I II .I A - z | 3 I_ .=| I II I 'I I =. I I I . IN ,H .I n RESOLUTION NO.26-82 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,FLORIDA,RESCINDH‘IG RESOLUTION NO.26-60, WHICH AUTHORIZED THE CITY TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL EXECUTIVE RECRUITMENT SERVICES TO CONDUCT A SEARCH FOR A CITY MANAGER;PROVIDING FINDINGS;PROVIDING THAT RESOLUTION NO.26-160SHALL BE OF NO FURTHER FORCE OR EFFECT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the CITY issued Request for Proposals No.26-03 for City Manager Executive Search Firm (the “RFP”);and WHEREAS,Strategic Government Resources,Inc.,a Texas corporation authorized to do business in Florida submitted a proposal dated April 8,2026,in response to the RFP (the “Prop0sa1”);and WHEREAS.on Mav 26.2026.the City Commission of the City of Atlantic Beach,Florida (the “City Commission”),adopted Resolution No.26-60,authorizing the City to enter into an agreement with SGR for professional executive recruitment services to conduct a search for a permanent City Manager (the “Recruitment Agreement”);and WHEREAS,the Recruitment Agreement authorized by Resolution No.26-60 was never executed by the City;and WHEREAS,at its regular meeting on June 8,2026,the City Commission appointed Kevin Hogencamp,who had been serving as Interim City Manager,to the position of City Manager of the City of Atlantic Beach;and WHEREAS,in light of that appointment,the executive recruitment services and City Manager search contemplated by Resolution No.26-60 are no longer necessary;and WHEREAS,the City Commission ?nds it to be in the best interest of the City to rescind Resolution No.26-60 in its entirety and to con?rm that the authorization granted therein is of no further force or effect. NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of Atlantic Beach,Florida,that: SECTION 1.Recitals.The foregoing recitals are true and correct and are hereby rati?ed and incorporatedherein by reference. SECTION 2.Rescission.Resolution No.26-60 is hereby rescinded in its entirety and is of no further force or effect.Any and all authority granted by Resolution No.26-60,including any authority to execute the Recruitment Agreement or any related contract with SGR,is hereby withdrawn and revoked. SECTION 3.Effective Date.This Resolution shall take effect immediately upon its adoption. Agenda Item #8.D. 22 Jun 2026 Page 126 of 218 Curtis Ford,Mayor ATTEST: PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,Florida,this day of ,2026. CITY OF ATLANTIC BEACH,FLORIDA Jason R.Gabriel,City Attorney Donna L.Bartle,City Clerk Approved as to form and correctness: Agenda Item #8.D. 22 Jun 2026 Page 127 of 218 Page 128 of 218 I...I 4:...I. _.l II.I...-.=2 I I I II "‘o '-I =I .I ‘I . .IIII III I I I I III .III II _v I .I _ ‘I I '_.I I.-.I II .III I I _II In I 'I I *.III I. ,-...'‘-II ,III.II :I.III I "II I -.. 0:II .I I.'l I .I 'I ' III.;I -,...II -.,.I-.IIIII-III I...=''' II =I I I I. I II I -I I: ‘I 'I ‘II I I II I I --I‘ ' v I I I‘“'II I I I ‘ III '"?u =.'I'..--.... I I .I :_I I II - I ...I 1 II~...I =I '.I..._. I II a .I‘I IIII I II a I __I......__.=.I III . I I I ‘"I I in“-I E:I I I :I I I III II ___ I '"II I I 'z I ‘[l .I S I I I. I -II |, III CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.26-83 approving Amendment No.1 to the lnterlocal Agreement for the Paid Parking Program at Beaches Town Center to reinstate and extend the term through December 31,2026. SUBMITTED BY:Kevin Hogencamp,City Manager TODAY’S DATE:June 17,2026 MEETING DATE:June 22,2026 BACKGROUND:The City of Atlantic Beach and the City of Neptune Beach originally entered into an lnterlocal Agreement to establish the joint Paid Parking Program at Beaches Town Center on October 7,2019.Section 12 of the Agreement provided that the initial term was for a period of ?ve (5)years,which subsequently expired on October 6,2024.Following expiration,extensions are required on an annual basis by way of written approval following the adoption of Resolutions by the Parties'governing boards. Notwithstanding the technical expiration of the initial term,both cities have continued to perform their respective municipal operational obligations under the agreement in good faith.The parties now desire to ratify and confirm this continuous performance,formally reinstate the agreement retroactive to October 7,2024,as if no lapse had occurred,and formally extend the operational term through December 31,2026.This administrative action ensures uninterrupted parking management and local enforcement framework continuity while staff negotiates a long-term successor agreement. The City of Neptune Beach has approved this Amendment. BUDGET:The paid parking program generates municipal revenue regulated under the City Charter.There is no negative ?scal impact to the General Fund associated with this administrative reinstatement and extension. PUBLIC OUTREACH:The City of Atlantic Beach will announce the Resolution’s approval on its website. RECOMMENDATION:Approve Resolution No.26-83 approving Amendment No.1 to the lnterlocal Agreement for the Paid Parking Program at Beaches Town Center between the City of Atlantic Beach and the City of Neptune Beach,ratifying continued good-faith performance,reinstating the agreement effective October 7,2024,and extending the formal term through December 31,2026. ATTACHMENTS: Agenda Item #8.E. 22 Jun 2026 Page 129 of 218 0 Resolution No.26-83 0 lnterlocal Agreement for Paid Parking Amendment No..2019 Paid Parking Agreement BY CITY MANAGER:KW a Agenda Item #8.E. 22 Jun 2026 Page 130 of 218 \I “\I I.I--..I I |'\ .I I II I H I I II El n III p '.l I IH l I RESOLUTION NO.26-83 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,FLORIDA,APPROVING AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT FOR THE PAID PARKING PROGRAM AT BEACHES TOWN CENTER TO RATIFY CONTINUED PERFORMANCE,REINSTATE THE AGREEMENT EFFECTIVE OCTOBER 7,2024,AND FORMALLY EXTEND THE TERM THROUGH DECEMBER 31,2026;PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Atlantic Beach and the City of Neptune Beach entered into that certain Interlocal Agreement for Paid Parking Program at Beaches Town Center on the 7th day of October,2019;and WHEREAS,Section 12 of the Agreement provided that the initial ?ve-year term expired on October 6,2024,to be extended thereafter on an annual basis by way of written approval following the adoption of Resolutions by the Parties'governing boards;and WHEREAS,notwithstanding the expiration of the initial term,the Parties have continued to perform their respective obligations under the Agreement in good faith and desire to ratify and con?rm such performance,reinstating the Agreement effective as of October 7,2024,as if no lapse had occurred;and WHEREAS,the City Commission ?nds that approving this amendment ensures uninterrupted management,provides a clear legal framework for enforcement and revenue distribution,protects public assets,and serves a valid public purpose. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,FLORIDA,THAT: SECTION 1.APPROVAL OF AMENDMENT NO.1.The City Commission hereby approves Amendment No.l to the Interlocal Agreement for the Paid Parking Program at Beaches Town Center,ratifying continued performance,reinstating the agreement effective October 7, 2024,and extending the formal operational term through December 31,2026. SECTION 2.SEVERABILITY.If any section,sentence,clause,or phrase of this Resolution is held to be invalid or unconstitutional by any court,then said holding shall in no way affect the validity of the remaining portions of this Resolution. SECTION 3.EFFECTIVE DATE.This Resolutionshall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida,this 22nd day of June,2026. Agenda Item #8.E. 22 Jun 2026 Page 131 of 218 Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Curtis Ford,Mayor Page 2 of 2ResolutionNo.26— Jason Gabriel,City Attorney Agenda Item #8.E. 22 Jun 2026 Page 132 of 218 ”H ,II I. H I I v II' I I '.'\ I _ II II .H. I .V II I II. mII AMENDMENTNO.1 T0 INTERLOCAL AGREEMENT FOR PAID PARKING PROGRAM AT BEACHES TOWN CENTER This Amendment No.1 (the "Amendment")is entered into to be effective as of July 1, 2026,by and between the City of Neptune Beach,a municipal corporation located at 116 First Street,Neptune Beach,Florida 32266,and the City of Atlantic Beach,a municipal corporation located at 800 Seminole Road,Atlantic Beach,Florida 32233 (collectively referred to as the "Parties") RECITALS.WHEREAS,the Parties entered into that certain lnterlocal Agreement for Paid Parking Program at Beaches Town Center,which was made and entered into on the 7th day of October,2019 (the "Agreement");and.WHEREAS,Section 12 of the Agreement provides that the initial term was for a period of five (5)years from the Effective Date,which initial term expired on October 6,2024,to be extended thereafter on an annual basis by way of written approval following the adoption of Resolutions by the Parties'governing boards; and.WHEREAS,notwithstanding the expiration of the initial term,the Parties have continued to perform their respective obligations under the Agreement in good faith and now desire to ratify and con?rm such continued performance,and to reinstate the Agreement,effective as of October 7,2024,as if no lapse had occurred;and.WHEREAS,the governing board of each Party has,by Resolution duly adopted in accordance with Section 12 of the Agreement,authorized the execution and delivery of this Amendment;and.WHEREAS,the Parties desire to amend the Agreement to reinstate the Agreement and to formally extend the term through December 31,2026. NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,and other good and valuable consideration,the receipt and suf?ciency of which are hereby acknowledged,the Parties agree as follows: 1.Extension of Term Section 12 (Term)of the Agreement is hereby amended and restated in its entirety to read as follows: "12.Term.Subject to the provisions of Section 9 above,the Agreement is hereby reinstated effective as of October 7,2024,and the term of this Agreement shall be extended through December 31,2026,unless sooner terminated in accordance with the terms of this Agreement.This Agreement may be extended thereafter on an annual basis by way of written approval of such extension from each of the Parties following the adoption of Resolutions by the Parties'governing boards." Agenda Item #8.E. 22 Jun 2026 Page 133 of 218 2.No Other Modifications Except as expressly modi?ed and amended by this Amendment,all other terms, conditions,covenants,and provisions of the Agreement shall remain unchanged, unmodi?ed,and in full force and effect. 3.Counterparts This Amendment may be executed in any number of counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF,the Parties hereto have caused this Amendment to be executed by their duly authorized representatives. CITY OF NEPTUNE BEACH,FLORIDA Date:06/15/2026 Attest: Name:Corrine A.B lund Title:ity Attorney CITY OF ATLANTIC BEACH,FLORID Title:Mayor Name: Title:Ma or Name:Catherine Ponson Title:City Clerk Approved 0 Form ontent: Agenda Item #8.E. 22 Jun 2026 Page 134 of 218 Date: Attest: Name:Donna L.Bartle Title:City Clerk Approved as to Form and Content: Title:City Attorney Agenda Item #8.E. 22 Jun 2026 Page 135 of 218 EXHIBIT INTERLOCAL AGREEMENT FOR PAID PARKING PROGRAM AT BEACHES TOWN CENTER THIS INTERLOCAL AGREEMENT (“Agreement”),made and entered into on day of ,2019 (the “Effective Date”),by and between the City of Neptune Beach,a municipal corporation located at 116 First Street,Neptune Beach,Florida 32266 (hereinafter,“Neptune Beach”),and the City of Atlantic Beach,a municipal corporation located at 800 Seminole Road,Atlantic Beach,Florida 32233 (hereinafter,“Atlantic Beach”).Neptune Beach and Atlantic Beach shall be referredto collectively as,the “Parties". WHEREAS,to the extent the terms in this Agreement con?ict with terms exclusive to parking management in the 1996 lnterlocal Agreement between Neptune Beach,Atlantic Beach,the City of Jacksonville and Beaches Town Center Agency,the terms of this Agreement shall control. WHEREAS,Neptune Beach intends to install,operate,and administer a pay-for-parking program in the Beaches Town Center area as more particularly described in Attachment A,attached hereto and made a part hereof (the North Beaches Parking Program,hereinafter the “Parking Program”). WHEREAS,the Parking Program will encompass certain publicly-ownedproperty and rights of way located within the boundaries of Atlantic Beach and Neptune Beach,as more particularlydescribed in Attachment A. WHEREAS,Neptune Beach and Atlantic Beach intend to cooperate and coordinate in the implementationand administrationof the Parking Program. WHEREAS,Neptune Beach and Atlantic Beach have enacted paid parking ordinances to address the authority and regulatory scheme associated with the Parking Program. WHEREAS,Neptune Beach and Atlantic Beach intend to jointly designate a District Parking Operator (“DPO”)agreeable to both cities to implement the Parking Program as further de?ned below in accordance with the applicable ordinances of Neptune Beach and Atlantic Beach. WHEREAS,to more ef?ciently and effectively administer the Parking Program,the Parties intend to memorialize their responsibilities and obligations with regards to said Parking Program. NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the Parties agree as follows: Obli ations of the Parties and Cost Sharin x of the Parkin Pro ram 1.The above recitals are incorporated as if set forth fully herein. 2.Neptune Beach shall be solely responsible to enter into an agreement with ajointly-designated DPO for the purpose of implementing the Parking Program and providing the services as more particularly described herein.Neptune Beach may,in its discretion,upon ninety (90)days prior Agenda Item #8.E. 22 Jun 2026 Page 136 of 218 I II'.:I.I =II .II I. -..II.-I.I......_.II.II 'II I I I I.- I..II --II .I ..I I-II- III_I_II I II I II :I II rII I I III II _I III II III I II -III -''l "'“ I"....II...,I II-I-II I;gI-IIo I —I II --IIIII III I r 'I''-I'=.I..._III III III.I I II;II II I I II II -I I;-| ‘l-:4 Il I'II"I-'IN V .‘.HIrII'I—I-1 “"“‘oI ||.En' I I A II-I It:'l-ll-.r.l.u.II II n,.‘. 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II “4m:III II'IIHIIII-III .~JIII “I II 'I'I'h IIvI II Ill"””4 d.l'.‘II III ITInII I I:II ‘4 I n-I.I'‘hf 'If I‘-I II II II'III'II m I:II'-I I:.I.In.LN Al.I p -II I II "I“ .II.-H h w.I .-1lv -I I__.I I.Im I III.II.um_..I_IIUI 5 III II [mg I...II III .I-III.- .-I |Il|-_II:III III-II I.III'I-r -.-mII l-I-II 'IzII “-"'- I‘IIII II I I'Nlrl I'II Il‘I II I II_-I'l I'-".H--|‘|‘|"DI.I M I i I -:.I.I'«I 'L:I III "I I‘,I,.II.II:.J 5 .III II -_I .IIII_'-I er-n.IIII-Ia'm II,II .-I.II..-.I I II .II?IIIII III-IIIII.II ..--I .IIIIII-I—.I-I...III-II m III M ._l _I".I.I .I I II,I.II.I -II..II-II.I-.-I II -I I I —III -II EXHIBIT written notice to Atlantic Beach,elect to proceedwithout a DPO at any time.In such event,Neptune Beach shall be responsible for all obligations of the DPO under this Agreement,provided,however, Atlantic Beach may elect to terminate this Agreement in accordance with Section 8 or 13,as may be applicable. Neptune Beach,either directly or through the DPO,shall be responsible for all costs for materials, hardware,software,installation of equipment,repair,maintenance,replacement,and upgrades of equipment,employee training and certi?cation,if needed,and other such related ecststo administer the Parking Program. Neptune Beach shall cause the DPO to maintain and keep all appropriate accounting records related to the operation of the Parking Program and shall provide to Neptune Beach and Atlantic Beach a monthly accounting report,identifying all revenue,costs and expenses of the Parking Program, including without limitation,the speci?c amount of gross revenue generated from parking spaces located within duly designated parking zones within Atlantic Beach and Neptune Beach, respectively.In the event of Neptune Beach’s failure to cause the DPO to do so,Neptune Beach shall be responsible for same. Neptune Beach shall annually,on or before July I of each year,prepare and provide to Atlantic Beach,an annual proposed budget for the Parking Program.Atlantic Beach shall have the right,at its expense,to audit the Parking Program records of the DPO and Neptune Beach. Neptune Beach shall remit to Atlantic Beach,on a monthly basis (with Year One to begin on October I,2019 and end on September 30,2020 and years Two,Three,Four and Five to likewise follow),a total of seventy percent (70%)of all gross revenue generated by the fees,?nes and rentals of the parking spaces located within duly designated parking zones within Atlantic Beach. The remaining thirty percent (30%)of said gross revenue shall constitute Atlantic Beach’s entire obligation towards the costs and expenses for the operation of the Parking Program and shall be retained by Neptune Beach. The Parties agree that annually,but no later than September 1 of each year,they shall each review the proportional amounts described in Sections 6 and 7 above and determine whether any adjustments should be made.In the event the Parties do not agree on the proportionalamounts for the ?scal year going forward,then either Party may provide written notice of termination to the other Party no later than September 1 of the applicable year,which termination shall be effective as of October I of the same year. The Parties respective performance and obligations under this Agreement are contingent upon each Party’s adoption of an annual budget containing appropriations as may be appropriate and necessary to carry out this Agreement. Agenda Item #8.E. 22 Jun 2026 Page 137 of 218 EXHIBIT Parkin Pro ram and DPO Res onsibilities 10 The agreement between the City of Neptune Beach and the DPO shall generally provide for the ll following: a.The jointly designated DPO shall administer and operate the Parking Program in accordance with this Agreement,the Neptune Beach and Atlantic Beach Codes of Ordinances and Florida law, as applicable. b.With written consent from the City Manager of Atlantic Beach and the City Manager of Neptune Beach,the DPO may make modi?cations,alterations,adjustments,and other such decisions related to the administration,operation and enforcement of the Parking Program in accordance with the paid parking and other applicable ordinances of Neptune Beach and Atlantic Beach,respectively. (1.The DPO shall be solely responsible for collecting all parking payments,enforcement penalties and fees,and other such revenue generated from the Parking Program in accordance with the ordinances of Neptune Beach and Atlantic Beach and shall remit same to Neptune Beach.The DPO shall provide to Neptune Beach and Atlantic Beach monthly accounting reports regarding all revenue and expenses associated with operation of the Parking Program,including without limitation,the informationreferenced in Section 4 above. Default and Remedies A default shall consist of the breach or anticipatory breach of any covenant,agreement, representation,provision or warranty entered into between Atlantic Beach and Neptune Beach relating to the Parking Program.If a default,breach or anticipatory breach occurs,the Party not in default may,at any time or from time to time,pursue to enforce its remedy under this Agreement by suit in equity,action at law or by any other appropriate proceeding,for damages or other relief, or proceed to take any action authorized or permitted under applicable laws or regulations; provided,however,the Parties shall,prior to initiating any court proceedings,initiate the con?ict resolution procedures set forth in Chapter 164,Florida Statutes.No Party shall act upon any default until it has given the Party in default written notice of the default and thirty (30)days within which to cure the default. General Provisions Agenda Item #8.E. 22 Jun 2026 Page 138 of 218 EXHIBIT A 12.Term.Subject to the provisionsof Section 9 above,the term of this Agreement shall be for a period of ?ve (5)years from the Effective Date.This Agreement may be extended thereafter on an annual basis by way of written approval of such extension from each of the Parties following the adoption of Resolutions by the Parties’governing boards. 13.Termination.Except as provided in Section 8 above,either Party may terminate this Agreement by providing ninety (90)days written notice of its intent to do so to the otherPatty. a.In the event of any termination by Atlantic Beach pursuant to thisAgreement,Atlantic Beach shall pay to Neptune Beach prior to the effective date of the termination,a termination fee calculated as follows: 0 if during Year One (October 1,2019 through September 30,2020),$45,126.90,decreased on a pro rata basis for each month prior to the effective date of termination; if during Year Two (October 1,2020 through September 30,2021),$24,392.29,decreased on a pro rata basis for each month prior to the effective date of termination; if during Year Three (October 1,2021 through September 30,2022),$18,294.22, decreased on a pro rata basis for each month prior to the effective date of termination; if during Year Four (October 1,2022 through September 30,2023).$1 1,433.89,decreased on a pro rata basis for each month prior to the effective date of termination; 0 if during Year Five (October 1,2023 through September 30,2024),$5,716.94. Thereafter,should the Parties extend the term of this Agreement,no termination fee will be due. Further,should Atlantic Beach desire to retain the kiosks located within Atlantic Beach,Atlantic Beach shall also remit to Neptune Beach an amount equal to $9,081.00 for each kiosk,prorated at a depreciation rate of 12.5%per year, b.1n the event Neptune Beach terminates this Agreement,then Atlantic Beach may,in its sole discretion,elect to discontinue the Parking Program at no cost to Atlantic Beach or elect to continue to operate the Parking Program within the boundaries of Atlantic Beach,in which case,Atlantic Beach would be responsible for operating expenses as of the effective date of termination and,should Atlantic Beach desire to retain the kiosks within Atlantic Beach, Atlantic Beach shall pay to Neptune Beach an amount equal to $9,081.00 for each kiosk, prorated at a depreciation rate of 12.5%per year. 14.B?ding This Agreement binds the Parties and their respective successors and assigns in all respect to all terms,conditions.covenants and provisions of this Agreement.Nothing herein shall be construed as creating any personal liability on the part of any of?cer or agent of any of the Parties, Agenda Item #8.E. 22 Jun 2026 Page 139 of 218 I III .II III-...I I.;I ..I U.I III-III.;I.'III .I II I I|I 'II.Ill 3 I -I"II —IIIIJI II _u I I -.—I I I I 4‘I,I =>-:.I.I ..III.II I I I.II .I .III .II..I.I I .'-I ..-II I h |III.III .IIIII |II I .I II '>II:II II:IIII :"H ”I II " IIII II III IIII II x Ir’II 'II-"'1|II "v '"'II I:.;II II -I ‘III~.-I!III.“I_I II_IL ._..~I.II “I I III II I II II_.II-I,.III.I MI;I I IIIIIII .--I...II -I I I_.III M -I mm:s;II ):I III "I II II‘.J I“:;'.III -'-..I .-ll :.:-..'"ILI 'II ”'N 'I 'II I I ,I in..-II gap III-I I III—.I II 'I II II II -III I:3 III In I'II I I I III “I m .L1IA I!I _II {II_A 'I .l [I ‘1‘=I 'I -III ?g-II II I ‘I‘uI IIII\I=II I ...II‘I I I I I Iz-I III II III»;I -III '1'II I km.'|'II ...“.I I '1”II"3;:I.I.;II-J'IH I.IIIn-II'I .1 H '.'I"“ll rII IIIII II I-|——-'I..It"IIII-al-I;n-_-II_II n Vb :.-5m L I IIIIIIIIIIr.I :'I MI I.m n I ."IL ‘I?LVI III I V.I :III I'.II:.-m2.III‘I‘II;:--:-IS II II'n I IIIa II T 1'!HI I .'I I »’_I I:;I.l I'z-I III.;-..uII.u;_,I -._I,” I I:III':F “MIL II v.4 --III.II II' I II 'II..I IIIIIv :I ‘I'I IIII :—.IIIImi III II 1 I l_I I _' «II'I“II I I'-'II '-|-'I In I-IrI "Ill-J‘ 15. l6. l7. l8. l9. EXHIBITA nor shall it be considered as giving any right or bene?t hereunder to anyone other than the Parties , their successors and assigns. All Parties agree to comply with all applicable laws,rules and regulations,federal,state and local, in its performance under this Agreement and its implementation. No waiver by any party at any time of any of the terms,conditions,covenants and agreements herein,or of any default,shall be deemed or taken as a waiver at any time thereafter of the same or any other term,condition,covenant or agreement herein contained,nor of the strict and prompt performancethereof. Enlrety,This Agreement constitutes the entire present agreement between the Parties.No change in,modification of,or supplement to this Agreement shall be valid or enforceable unless it is enacted in writing and executed by each of the Parties. Con?icts.No member,of?cer or employee of the governing body of the City of Atlantic Beach or City of Neptune Beach,and no other public of?cial of either such City who exercises any functions or responsibilities with respect to the Parking Program during his/her tenure or for one year thereafter,shall have any interest,direct or indirect,in any contract or subcontract,or the proceeds thereof,for work to be performed in connection with the Parking Program maintained under this Agreement. Mg;Notices to be provided in accordance with this Agreement shall be delivered by US.Mail , return receipt requested,hand delivery or traceable overnight delivery service and addressed as follows: City of Neptune Beach c/o City Manager 1 16 First Street Neptune Beach,FL 32266 With a copy to: Zachary Roth,City Attomey 8818 Goodby’s Executive Drive Suite 100 Jacksonville,FL 322 l 7 City of Atlantic Beach c/o Joe Gerrity,City Manager 800 Seminole Road Atlantic Beach,FL 32233 With a copy to: Brenna M.Durden,City Attorney Lewis,Longman &Walker,PA. 245 Riverside Avenue,Suite 150 Jacksonville,FL 32202 Agenda Item #8.E. 22 Jun 2026 Page 140 of 218 EXHlBlT A 20.Indemni?cation.Atlantic Beach,to the extent of a claim or judgment by any one person which 21 does not exceed the sum of $200,000 or any claim or judgment,or portions thereof,which when totaled with all other claims or judgments arising out of the same occurrence,does not exceed the sum of $300,000,shall indemnify Neptune Beach for any and all damages relating to the Parking Program,including reasonable attomeys’fees and costs (prior to and at trial,and through appeal) to the extent arising from the negligence or willful misconduct of Atlantic Beach and its of?cials, agents,contractors and employees.Neptune Beach,to the extent of a claim orjudgment by any one person which does not exceed the sum of $200,000 or any claim or judgment,or portions thereof, which when totaled with all other claims or judgments arising out of the same occurrence,does not exceed the sum of $300,000,shall indemnify Atlantic Beach for any and all damages relating to the Parking Program,including reasonable attorneys’fees and costs (prior to and at trial,and through appeal)to the extent arising from the negligence or willful misconduct of Neptune Beach and its of?cials,agents,contractors (including without limitation,the DPO)and employees. Nothing in this Agreement nor any action relating to this Agreement shall be construed as a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes,by either Atlantic Beach or Neptune Beach.Additionally,there are no third party bene?ciaries to this Agreement. The Parties agree that the DPO may initiate services under this Agreement prior to October 1,2019 and that reports,fees and data shall be provided in accordance with this Agreement,but that any period prior to October 1,2019 shall not be included in Year One under this Agreement. *SIGNATURE PAGE TO FOLLOW** Agenda Item #8.E. 22 Jun 2026 Page 141 of 218 B elm M.City Attorney Attest:ydj?mwMM Donna L.Bartle,City Clerk Approved as to Form and Content: CITY OF A LANTIC BEACH,FLORIDA EXHIBIT Attest: ontent: laine rown,Mayor CITY OF NEPTUNE BEACH,FLORIDA Catherine Ponson,City Clerk Zachary ,City Attorney Appro Ellen Glasser,Mayor Agenda Item #8.E. 22 Jun 2026 Page 142 of 218 ATTACHMENT Overview and Pur ose of the North Beaches Pilot Parkin Mana ement Pro ram Parking is the first and last impression of every visit to the Beaches Town Center What is the North Beaches Parkin Pro ram? A North Beaches Parking Program is a Pilot Program developed as a cooperative effort between the Cities of Neptune Beach and Atlantic Beach to create a data driven,market based,self-sustaining parking management program for the Beaches Town Center area (”BTC").What is a Pilot Program?A Pilot Program (also called an experimental trial)is a small-scale operation conducted in order to test logistics and evaluate the feasibility,time,cost,value and effects of a program based on real data. This Pilot Program will run for approximately 18-24 months and is designed to allow modifications to the implemented policies and guidelines based on true market data.The program data will be reviewed daily and the resulting evaluation of that data will be used to make any refinements necessary to the Program policies and procedures as needed. Mana ement Polic Guidelines Priority —-while it is understood and agreed that revenue is of importance,it must also be understood that all ofthe points listed below have equal weight with revenue when policy is being developed.Parking is an asset that can benefit our communities and we need to ensure that we treat it as such. Responsive —the Program Management needs to be available and responsive at any time during which the businesses in the BTCare open.The parkers are their customers,and so long as they are present there needs to be someone in a position of authority available. Friendly,Professional and Reassuring —the staff/attendantsphysically running the Program will,in many cases be the first and/orlast opportunity to insure the customer/visitorhas a positive impression of their visit to the BTC.They need to not only be Parking Enforcement,but also serve as Ambassadors who are able to assist our visitors,customers, employees and others with any issues that might arise,or to answer any questions they may have.We cannot have these positions filled with un-skilled,poorly trained,inexperienced entry level personnel.Their importance requires they have some professional training and experience in customer service,and the maturity to handle a variety of situations that may arise. Seamless —the Program must be inclusive,to include as many properties and parking spaces as can be assembled under one umbrella.The BTCis too compact to have multiple operations where the rules,rates,hours of operations and payment options vary from one block to the next. Signage Pollution —the Pilot Program needs to be as universal as possible in order to minimize the amount ofsignage. Instructions for how to use the parking need to be simple,and not something different with each block.It is desirable to have consistent signage on City Right of Way. Mana ement Polic Goals Resident neighborhoods adjacent to BTC Neptune Beach and Atlantic Beach shall each strive to insure visitors and others coming to the BTCor beach don't start converging on residential areas.Each City shall monitor any negative parking impacts to the nearby residential areas and seek to implement methods to discourage BTCvisitors from parking on nearby residential streets. Agenda Item #8.E. 22 Jun 2026 Page 143 of 218 ATTACHMENTA City Residents —Consideration needs to be given to parking within the ETC for City residents and whether special conditions relative to pricing and/orlocations should apply. Turnover of prime storefront/on-streetparking spaces -—the value of one single parking space is enough to impact the bottom line for many of the smaller retailers in the BTC.Having cars parked all day long in any of those spots,regardless of how much they might pay in parking fees would be detrimental to the businesses in the BTC. Employee Parking Program —employees are as critical as customers to any business,and providing safe,convenient parking at no cost to the employee is something that must be provided.Appropriate Employee Satellite Parking and the requisite Shuttle to and from the ETCEmployee Parking lot is a necessity for all BTCbusinesses.Em lo ee lots should be located and mana ed to have minimal or no im act on an residential areas includin im acts to traffic noise or nei hborhood character Wherewillthe aid arkin 5 aces belocated? A Spaces are located throughout the Commercial Area of the Beaches Town Center in Atlantic and Neptune Beach. Spaces will be identifiedby signage and/or pavement markers.There are 229 spaces (165 in Neptune Beach and 64 in Atlantic Beach). STREET SIGN IDENTIFYINGPARKING SPACES REQUIRINGPAYMENT 3 HOUR TIME LIMlTMIDNIGHT -8 am Agenda Item #8.E. 22 Jun 2026 Page 144 of 218 ATTACHMENT APAVEMENTMARKERIDENTIFYINGPARKINGSPACESREQUIRINGPAYMENT CONB PARKINGSPACES COAB PARKING SPACES Agenda Item #8.E. 22 Jun 2026 Page 145 of 218 L — BEACHES PAID PARKI G PAY BY PLATE Q How do I gay for Qarking? A You can pay at any Parking Kioskdisplaying this Logo; ATTACHMENT A YES I‘1 You can also pay using the APP (Download instructions are posted on the Kiosks,instructional video available on our website at www.northbeaches arkin .com or ask one of our Parking Ambassadors to demonstrate for you). 1 NOTE YOUR LICENSE PLATE 2 ENTER PLATE AT KIOSK“, MAKE PAYMENT ‘APP AVAILABLE.SEE INFO 3 PLATE MUST BE VISIBLE,NO BACKING IN A Yes,you can pay at the Kiosks using a credit card or cash.The Kiosks will accept $1,$5 and $10 bills (no coins).The machines will not give change,so cash payments must be "exact change only” Do I have to dis la a recei t on m dash or enter a s ace number? A No,you only need to enter your plate information,there is no need to display a receipt or enter a space number to verify payment. Do kiosks acce t Credit Cards?Cash? mqu<mm 1.502 Agenda Item #8.E. 22 Jun 2026 Page 146 of 218 SIGNS IDENTIFYINGPARKING KIOSKLOCATION Where are Parkin Kioskslocated? ATTACHMENT A PARKING KIOSK LOCATIONS What ha ens if a Kiosk is not workin how do we a ? A You can pay at any Kiosk displaying the North Beaches Parking logo,single Kiosks are not limited to specific spaces. You may also pay with the app. mmIU<wm Ihmoz‘ Agenda Item #8.E. 22 Jun 2026 Page 147 of 218 ATTACHMENT A What ha ens ifl eta arkin ticket? A Allfirst-time violations,other than those involving ADAor ”illegal”parking will receive a one-time courtesy notice with information on the Policy violation and contact information for any questions about the North Beaches Parking Program.Any subsequent violations of Program Policy will result in the issuance of a Parking Invoice listing the violation and an option to pay the listed parking fee (Parking Daily Max —$12)by the close of business on the next business day. Parkers will have the option of paying the fee at any Kiosk,thru the app,on—Iineor at the North Beaches Parking Office. If they fail to pay the fee by the time it is due there will be a $10 administrative fee added to the invoice,and they will have 15 additional days to pay the fee.lfthe 15-day payment period passes without payment the Parking Invoice will become a Parking Citation and will be turned over to the appropriate Municipal Entity for enforcement and collection subject to the current Municipal Code requirements for that specific violation. What ha ens if I want to challen e a violation notice? A Any person receiving a violation notice may contact the North Beaches Parking Program management to discuss, challenge or question the notice by calling the Parking Administrator at any time.If the parker is not satisfied with the results of that process,they may request an additional review with the North Beaches Parking Program management and the City Manager representing the subject location of the violation. If the violation has passed the 30-day deadline and has been turned over to the appropriate Municipal Authority then any adjudication or challenge related to that violation would be subject to the Municipal Code requirements for that specific violation. What ha ens if m car is towed or booted? A No vehicles will be towed or booted by the North Beaches Parking Program unless directed to do so by the Police Department having authority over that particular parking space or area. Are there an Parkin S aces with restrictions or that re uire a s ecial ermit? A There could be some spaces requiring registration,any spaces so designated will be identified by this signage; STREETSIGN IDENTIFYINGPARKING SPACES REQUIRINGREGISTRATION MUST HAVE PERMITTO PARK FOR PERMIT INFORMATION;(904)_- _'m",v.aor_“Lach‘1a,!iin!.cm_\_ 3 HOUR PARKING TIME LIMI www.mgmb L’EEL’W‘.u m Agenda Item #8.E. 22 Jun 2026 Page 148 of 218 I 5 II ... _II I ‘III ‘: I I .I H I III II M =—.I.I _-:II...II .II I I II.I .-..-,.II -1II-..A II I II II II --I I , ~II I II 'I -'|:' V I "-....-I I.I.I II II '‘I I '' :II -.II'II|||I-I III .''..—.II ,z... I -I.—II I ..I II -. I I ”I I :.II 'I I _ II CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.26-85 —Memorandum of Agreement the Saint Johns River Water Management District for Coastal Habitat Rehabilitation and Restoration Projects. SUBMITTED BY:Steven Swann,PE,City Engineer TODAY’S DATE:June 16,2026 MEETING DATE:June 22,2026 BACKGROUND:Over the years,the City of Atlantic Beach has experienced signi?cant loss of saltmarsh habitat due to shoreline erosion.Increased boat traf?c and ongoing sea level rise have accelerated this trend,resulting in the continued degradation of these important coastal resources.The loss of saltmarsh not only reduces valuable wildlife habitat but also increases the vulnerability of the shoreline to wave action and storm impacts during severe weather events. In response to these concerns,City staff have been working with the St.Johns River Water Management District (SJRWMD)to identify and develop saltmarsh restoration opportunities within Atlantic Beach.As an initial restoration effort,SJRWMD is proposing to restore saltmarsh habitat within several historic mosquito control ditches that were constructed many years ago. Subject to budget approval by SJRWMD,the District would fund 100 percent of this ?rst restoration project. To facilitate this and future restoration initiatives within City limits,SJRWMD has proposed a Memorandum of Agreement (MOA)with the City of Atlantic Beach.The MOA establishes a framework for cooperation on coastal habitat rehabilitation and restoration projects and is intended to support collaborative efforts to restore,rehabilitate,and enhance coastal and estuarine habitats that provide ecological bene?ts,improve water quality,and increase resilience to coastal hazards and environmental change. The MOA establishes a three-year term,with the option for renewal by mutual agreement. Individual projects undertaken pursuant to the MOA will be implementedthrough separate Project Agreements that will de?ne the scope of work,responsibilities,funding commitments,and project- speci?c requirements. The proposed MOA does not commit the City to any speci?c project or ?nancial obligation. Rather,it creates a mechanism through which the City and SJRWMD may identify and pursue ?xture restoration opportunities,technical assistance,and funding sources,including grants.Any project-speci?c commitments,including expenditures,would be subject to separate agreements and applicable City budget approvals. Agenda Item #8.F. 22 Jun 2026 Page 149 of 218 In addition to the mosquito ditch restoration project,staff have been working with Environmental Science Consultants (ESC)to develop a saltmarsh restoration pilot project near the southern end of Dutton Island.Approval of the MOA will provide access to SJRWMD'S expertise in saltmarsh restoration and may help identify additional funding opportunitiesto support this and other future restoration efforts. The agreement preserves the City's regulatory authority,sovereign immunity,and budgetary discretion while providing a framework for coordinated planning and implementationof habitat restoration initiatives.Participation in the MOA may enhancethe City‘s ability to secure external funding and technical assistance for environmental restoration projects within the City and surrounding coastal waters. RECOMMENDATION:Adopt Resolution No.26-85 ATTACHMENT(S):1.Resolution No.26-85 2.Memorandum of Agreement BUDGET:There is no direct ?scal impact associated with approval of the MOA.The initial mosquito ditch restoration project is anticipated to be funded entirely by SJRWMD,subject to District budget approval.Future projects developed under the MOA may involve City funding commitments;however,such commitments would require separate Project Agreements and would be subject to available appropriations and approval through the City's budget process. REVIEWED BY CITY MANAGER:KW a Agenda Item #8.F. 22 Jun 2026 Page 150 of 218 I: ll n “1'HI I I I. II I II H .n I I I IHI“ I I I H .".I ,. RESOLUTION NO.26-85 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,FLORIDA,APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD)AND THE CITY OF ATLANTIC BEACH FOR COASTAL HABITAT REHABILITATION AND RESTORATION PROJECTS;AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED PROJECT AGREEMENTS CONSISTENT WITH THE TERMS OF THE MEMORANDUM OF AGREEMENT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Atlantic Beach recognizes the importance of protecting,restoring, and enhancing coastal habitats,including estuarine and shoreline ecosystems,to improve water quality,support native wildlife,and increase resilience to storms,sea level rise,and other environmental impacts;and WHEREAS,the Memorandum of Agreement (MOA)provides a ?exible framework through which the City and the St.Johns River Water Management District may collaborate on future coastal habitat rehabilitation and restoration projects and pursue grant and other funding opportunities to maximize the effectiveness of public investments;and WHEREAS,participation in the Memorandum of Agreement does not obligate the City to undertake any speci?c project or expenditure,and any ?iture project activities and funding commitments will be subject to separate project agreements and applicablebudget approvals;and WHEREAS,the City Commission ?nds that entering into the Memorandum of Agreement promotes the public health,safety,welfare,and environmental sustainability of the City and its residents. WHEREAS,the City of Atlantic Beach and the St.Johns River Water Management District desire to cooperate in the planning,funding,implementation,rehabilitation,restoration, and enhancement of coastal habitat projects that improve ecosystem function and coastal resilience;and WHEREAS,the proposed Memorandum of Agreement establishes a framework for the parties to identify and undertake future coastal habitat rehabilitation and restoration projects through separate project agreements. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach,Florida: SECTION 1.The City Commission hereby approves the MOA with SJ RWMD Agenda Item #8.F. 22 Jun 2026 Page 151 of 218 SECTION 2.The City Commission hereby authorizes the City Manager to execute the MOA with SJRWMD. SECTION 3.Effective Date.This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida,this 22Ildday of June,2026. Approved as to form and correctness: Jason Gabriel,City Attorney Curtis Ford,Mayor Donna L.Bartle,City Clerk Attest: Agenda Item #8.F. 22 Jun 2026 Page 152 of 218 III I \-I II I .I I I :'I I -I 'l‘ I I II 'I II I II ,I .II 1 II ..- II I "' I I I:I I I _..‘I I II I .I I II II -L ‘I‘|I I.-l -I I II M I I ,_I;I H _.-II‘I I I --II I -II 'II .I. I II F 2 I ‘I., I .-I I I I"u .‘.I v I I -I III E v I I-'I .I I.I II III -I I -'I '''I .1 'III I II II II I ‘I I I '‘II ''II I‘I '.I '-.'.I "I'=I .I ’---- _,—-1 v I I I "--II I ‘ III :'‘I‘'' _I I .III I--II - I I I I I I I --I I I I —‘I -''" II II II I 'I |I'‘'''” :I I II -I I I II I -II ‘I II .'I I -II I I I l‘I‘|"I ' I I II I :I _|I ,I — =H II I I ,:-II I II 1 Contract #423 51 MEMORANDUM OF AGREEMENT BETWEEN THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE CITY OF ATLANTIC BEACH FOR COASTAL HABITAT REHABILITATION AND RESTORATION PROJECTS THIS MEMORANDUM OF AGREEMENT (“MOA”)is entered into by and between the GOVERNING BOARD of the ST.JOHNS RIVER WATER MANAGEMENT DISTRICT,whose address is 4049 Reid Street,Palatka,Florida,32177,hereinafter referred to as the “District,”and the CITY OF ATLANTIC BEACH,a political subdivision of the state of Florida,whose address is 800 Seminole Road,Atlantic Beach,FL 32233,hereinafter referred to as the “Project Partner.” The parties are hereafter referred to individually as a “Party,”and collectively referred to as the “Parties.” WITNESSETH THAT: WHEREAS,the District is a special taxing district created by the Florida Legislature and charged with the responsibility to administer and enforce Chapter 373,Florida Statutes (ES),and the rules promulgated thereunder; WHEREAS,the District is authorized under §373.083,ES.to contract with public agencies, private corporations,or other persons; WHEREAS,the Project Partner is authorized by §163.01(4),PS,to enter into agreements with other governmental agencies to jointly exercise any power,privilege,or authority which such agencies share in common with the Project Partner or which each might exercise separately; WHEREAS,public agencies (including the Project Partner and the District)are authorized by §163.0l (14),PS,to enter into contracts for “the performance of service functions of [such]public agencies but shall not be deemed to authorize the delegation of the constitutional or statutory duties”of Project Partner or District of?cers (emphasis added).The Parties expressly deny any intent,expressed or implied,in this MOA to provide for a delegation by the District of such constitutional or statutory duties to the Project Partner;and WHEREAS,pursuant to §l63.01 (2),PS,the foregoing authorization for such agreements is granted to public agencies for the purpose of permitting local governments to make the most e?icient use of their powers by enabling them to cooperate with the other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with the geographic,economic,population,and other factors in?uencing the needs and development of local communities. NOW THEREFORE,for and in consideration of the foregoing premises and mutual understandings of the Parties,the Parties agree as follows: 1.RECITALS.The above recitals are true and correct and are incorporated by reference. Page 1 of 22 Agenda Item #8.F. 22 Jun 2026 Page 153 of 218 I.I I.l'V II ' I I II I I .I “I I I z I I I I I z z I |I I I III I I II I I I |I ' T If ' I -|n -I ITI H II I IrI I - I I II I I '-'1 ;_I -I -.I I I -I II I I I "'II'I '' :'II I I ' I v -I I —‘..|I I I --.I I.I III I "‘- II 3 I -I I IV I .;I I -II ‘II ''I II JI _I I - H 'II '' I II .II 'I I 'l I ' II I I I: I II I —I :II —II m II Contract #42351 .PURPOSE OF THE MOA.The purpose of this MOA is to formalize multi-agency cooperation on performing impacted coastal habitat rehabilitation and restoration projects (“Projects”)in and around coastal estuarine waters.Each Project will have a goal to restore, rehabilitate,or enhance coastal habitats providing additional ecosystem services/functions and enhancing resilience.The Parties are entering into this MOA to memorialize the terms and conditions under which the Parties shall assist each other in support of the Projects. .TERM.This MOA is effective upon the date on which the last of the Parties has executed this MOA and shall continue for a period of three (3)years unless otherwise terminated in accordance with the terms of this MOA.This MOA may be renewed for one or more additional three (3)year terms with the mutual written agreement of the Parties. .TERMINATION.Prior to terminating this MOA,the Parties shall exercise their best efforts to negotiate and settle promptly any dispute that may arise with respect to this MOA in accordance with the provisions set forth in Article 12 of this MOA (the “Dispute Resolution provisions”).If,after following the Dispute Resolution provisions,the Parties have still not reconciled,this MOA may be terminated by either Party upon thirty (30)days prior written notice to the other Party.Additionally,either Party may terminate this MOA without cause by providing ninety (90)days prior written notice to the other Party.Each Project Agreement (discussed herein)may be terminated as provided therein.In the event of early termination of this MOA or a Project Agreement,the performing Party shall be entitled to compensation by the funding Party for those services timely and satisfactorily performed pursuant to this MOA or said Project Agreement up to the date of termination. .EFFECT OF TERMINATION.Upon the termination of this MOA,the underlying Project Agreements shall also terminate,the obligations of the Parties under this Agreement shall end, and neither Party shall have a claim,including any claim for termination damages,against the other;provided,however,that any provisions evidently intended to have a continuing effect (including those obligations for which expenses have been incurred prior to termination of the Project Agreement)shall survive termination of this MOA. SCOPE OF SERVICES/WORK. A.Scope of Projects.The general scope of the Projects is as follows:(i)preconstruction activities;(ii)bidding and contractor selection;(iii)implementation/constluction;and (iv) operation and management activities.However,the Parties acknowledge that the exact scope of each Project is unknown for purposes of this MOA.Rather,the Parties will jointly identify feasible Projects and agree upon the division of resources needed to accomplis heachindividualProject.All Projects will follow the purpose and scope generally described in the Scope of Services/Work attached hereto as Attachment A.The Project Agreement sshallidentifythetasksandactionsitemsforeachProject,as described in further detail below. B.Project Agreements.When the Parties agree upon a Project,the Parties will execute a Project Agreement specifying each Party’s obligations and expectations.For example, Project Agreements may require one Party to perform the work identi?ed,may require the Page 2 of 22 Agenda Item #8.F. 22 Jun 2026 Page 154 of 218 I -I II I»I I -I '1 -'II I J'I I 1 :I I I I .II I M II II . I I I . u um I :II I I I '' II I u II I II-. II I III .1 I I .2 I- I I -I I“'II 'I I.I .I I II II 'I '.I I I .II I -'II I I :I II I _I I I II -'IIII -I 1 'I I I II I I II.II .II I‘:I I II III‘‘II I I II III I II II II I‘.-.I I I I_II I I I I -I II II 3.-I - 't I -II I _I II vII I ‘‘I |I II I II I_ . I I I z I - "‘II ':. II' .]| 1 I Contract #423 51 other Party to fund said work,or may require the Parties to share the work and funding responsibilities.A Sample Project Agreement is attached hereto as Attachment B.Nothing containedherein shall be construed as requiring a Party to execute a Project Agreement. Contractors.Either Party may procure contractors to perform some or all of the work identi?ed in the Project Agreement so long as the procurement follows competitive procurement protocols as set forth in the Party’s procurement policies. Performance Monitoring.During the execution of any Project authorized by this MOA or associated Project Agreement,the Parties shall have the right to inspect the operation of the Project and any data pertaining to performance of the Project during normal business hours upon reasonable prior notice. 7.COMPENSATION. A.Expenditure/Revenue.The Parties anticipate that some Projects may require expenditures solely by one Party or may require cost sharing expenditures by both Parties. Thus,some Projects will result in revenue to the Project Partner and other Projects will result in revenue to the District. Grant Funding.The Parties anticipate that certain Projects may be grant funded.For grant funded Projects,the Parties agree to perform the associated Project Agreements in accordance with the funding source requirements. Funding Contingency.This MOA and all associated Project Agreements are at all times contingent upon funding availability,which may include a single source or multiple sources,including but not limited to:(1)revenues appropriated by the District’s Governing Board or the Project Partner’s governing body;(2)annual appropriations by the Florida Legislature,or (3)appropriations from other agencies or funding sources.Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District’s Governing Board for each succeeding Fiscal Year.Should the Project not be funded by one of the Parties,in whole or in part,in the current Fiscal Year or succeeding Fiscal Years,that Party shall notify the other Party and the applicable Project Agreement shall be deemed terminated for convenience ?ve days after receipt of such notice,or within such additional time as the notifying Party may allow.For the purpose of this Agreement,“Fiscal Year”is defined as the period beginning on October 1 and ending on September 30. Lobbying Expenditures.Pursuant to §216.347,F.S.,as amended,the Parties agree that no ?rnds received under this MOA or associated Project Agreement may be used for the purpose of lobbying the Legislature or any other state agency. 8.NO PLEDGE OF AD VALOREM TAXES.The Parties agree that this MOA does not constitute a general indebtedness of either Party within the meaning of any constitutional, statutory,or charter provision of limitation and it is expressly agreed by the Parties that the one Party shall not have the right to require or compel the exercise of ad valorem taxing power of Page 3 of 22 Agenda Item #8.F. 22 Jun 2026 Page 155 of 218 I I II I 1 vII I : _—II I .I I I I .I II -II -'I I . _I I I I I I " l -I II E: ''I II I I I ‘4 I .I I "II -. r -|- I.._ I.I I .I _ ':II I I I - I I ' -I I I.I.I ;.II .II I I I -I -I --II II II II .II 'I I I I I I II II I -I I I..I I I II III ..:II . II I I I I _I III I II I III I I - I III ''I I I.I I .I I I I I. I I I III'II I I II _ I |I I I -- -I :.I I I III I I _ II _I.I III II II II 'I II I |I I'II ‘‘ '2 I.II —II'.III I I _II _I I I I I I 'I > I I I II I .I | I 'III’"l I I ~..'I-|‘ III‘I I ' I ''I‘X I-III I I II'“I II I I |I . 'I -I =.n .-.. l:I II II II I I I -III II =II III - .‘I I II ' I II I .I I ..I - II I I II IIII‘I ,I III I 'I I I.I II I'I I:.- I I I I.I I - I -II— III II -I I =I I .I IIIA .:.-.-I II II I r‘I II .I .._I I -._II II I I I .I .I II .I -II I I H . I I I I -I .J I I I ' II I I ; 10. ll. 12. Contract #423 51 the other Party,or taxation of any real or personal property therein for payment of any monetary obligations due under the terms of this MOA.It is further agreed that this MOA and any ?ands called for to be paid hereunder shall not constitute a lien upon any real or personal property,or any part thereof,and that the obligation for monetary payments called for to be made hereunder shall be deemed to exist for less than a year at any point in time and shall be entirely subject to the legislative budgetary discretion of the District and the Project Partner. NON-WAIVER OF REGULATORY POWERS.Nothing contained in this MOA shall be construed as a waiver of,or contract for,the regulatory and permitting authority of the District or the Project Partner under applicable laws rules,and regulations. NON-WAIVER OF SOVEREIGN IMMUNITY.Each Party to this MOA expressly retains all rights,bene?ts and immunities of sovereign immunity that they presently enjoy under the Constitution and Statutes of the state of Florida,and particularly with respect to Chapter 768, Florida Statutes.Notwithstanding anything set forth in any Article of this MOA to the contrary, nothing in this MOA shall be deemed as a waiver of immunity or the limit of liability of either Party beyond any statutory limited waiver of immunity or the limit of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature and any liability of either Party for damages shall not exceed the statutory limit of liability,regardless of the number or nature of any claim which may arise including but not limited to a claim sounding in tort,equity or contract.Nothing in this MOA shall inure to the bene?t of any third party for the purpose of allowing any claim against any Party,which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. LIABILITY AND INSURANCE.Each Party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that Party,its officers, employees,and agents.Nothing contained herein shall be construed or interpreted as denying to any Party any remedy or defense available under the laws of the state of Florida.Each Party shall acquire and maintain throughout the term of this MOA such liability,workers’ compensation,and automobile insurance,which may include participation in a self-insurance program,as required by its current rules and regulations.Each Party shall bear the cost of maintaining its own insurance coverage.Any speci?c insurance requirements pertaining to a Party’s contractors shall be set forth in the terms and conditions of the associated Project Agreement. DISPUTE RESOLUTION.Notwithstanding anything to the contrary in this MOA,prior to commencing an action in a court of competent jurisdiction,a Party shall ?rst seek resolution through this dispute resolution process.The Parties to this MOA shall exercise their best efforts to negotiate and settle promptly any dispute that may arise with respect to this MOA in accordance with the provisions set forth in this Article.The project managers for the District and the Project Partner (hereinafter,the “Project Managers”)shall use reasonable efforts to arrange personal meetings and/or telephone conferences as needed,at mutually convenient times and places,to address and work toward resolution of issues that arise in performance of this MOA and any applicable Project Agreement.Issues shall be escalated to successive management levels as needed.Each Party shall bear its own attorney’s fees or other costs incurred during the dispute resolution process. Page 4 of 22 Agenda Item #8.F. 22 Jun 2026 Page 156 of 218 13. 14. 15. Contract #42351 A.Informal Dis ute Resolution.If a dispute develops between the Parties concerning any provision of this MOA or a Project Agreement,or the interpretation thereof,or any conduct by the other Party under said contracts,and the Parties are unable to resolve such dispute within ?ve (5)days,that Party,known as the Invoking Party,through its applicable Project Manager,shall promptly bring the disputed matter to the attention of the non-invoking Party’s Project Manager or designated representative,as the case may be,in writing (“Dispute Notice”)in order to resolve such dispute. Upon issuance of a Dispute Notice,the Project Managers or designated representative(s) shall furnish to each other all non-privileged information with respect to the dispute believed by them to be appropriate and germane.The Project Managers shall negotiate in an effort to resolve the dispute without the necessity of any formal proceeding.If such dispute is not resolved by the Project Managers or designated representative within ?ve (5) business days,the Project Managers shall escalate the dispute to their respective superiors. B.Formal Dis ute Resolution.At any point after issuance of a Dispute Notice under this Article,either Party may initiate formal non-binding mediation before a single,mutually agreed upon mediator,the proceedings of which shall be completed within thirty (3 0)days of initiation,in accordance with the rules of practice and procedure adopted by the Supreme Court of Florida for court-ordered mediation,Rule 1.700,et seq.,of the Florida Rules of Civil Procedure,and Chapter 44,ES.The cost of mediation shall be shared equally between the Parties.If the dispute remains unresolved after conducting such mediation, then either Party may proceed to ?nalize such termination remedies and commen celitigationinacourtofcompetentjurisdiction. INDEPENDENT CONTRACTORS.The Parties are independent contractors for purposes of work performed pursuant to this MOA.In providing services hereunder,neither Party nor its agents shall act as of?cers,employees,or agents of the other Party.No partnership,joint venture,or other joint relationship is created hereby.Neither Party extends to the other,or its agents any authority of any kind to bind the Party in any respect whatsoever. THIRD PARTY BENEFICIARIES.Neither the District nor the Project Partner intends to directly or substantially bene?t a third party by this MOA.The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this MOA.Therefore,the Parties agree that there are no third party bene?ciaries to this MOA and that no third party shall be entitled to assert a claim against either of them based upon this MOA,except as otherwise provided in this MOA. PROJECT MANAGEMENT/NOTICES.The Project Managers listed below shall be responsible for overall coordination and management of the work.Either Party may change its Project Manager upon three business days’prior written notice to the other Party.Written notice of change of address shall be provided within ?ve business days.All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods:(1)hand delivery;(2)US.certi?ed mail;(3)national overnight courier;or (4)email. Notices via certi?ed mail are deemed delivered upon receipt.Notices via overnight courier are Page 5 of 22 Agenda Item #8.F. 22 Jun 2026 Page 157 of 218 \’V ‘{_J_L_)_ W ——Y_a_-_J _-_J—g_.—A—s7 Contract #42351 deemed delivered one business day after having been deposited with the courier.Notices via email are deemed delivered on the date transmitted and received. In the case of Project Partner:with a copy of legal notices to: Attn:Kevin Ho encam Cit Mana er Attn:Jason R.Gabriel Cit Attome Address:800 Seminole Road Atlantic Address:800 Seminole Road Atlantic Beach FL 32233 Beach FL 32233 Phone:904 247-5817 Phone:904 247-5813 Email:kho encam coab.us Email:jgabriel@coab.us In the case of the District:with a copy of legal notices to: Attn:Ronald E.Brockme er Jr.M.S.Attn:Erin Preston General Counsel FCCM Pro'ect Mana er Address:PO.Box 1429 Palatka FL 32178- Address:PO.Box 1429 Palatka FL 32178-1429 1429 Phone:386 329—4176 Phone:I386)329-4495 Email:e reston s'rwmd.com Email:rbrockme er s'rwmd.com 16.INVOICES DISTRICT PAYMENT.The following provisions apply to all invoices for District funding: A.Submission Details.The Project Partner shall submit an invoice for the amounts set forth in the applicable Project Agreement.Any funds paid by the District that have not been expended upon the termination of the applicable Project Agreement will be returned to the District.The invoice can be submitted either (1)by email to acctpay@sjrwmd.com (preferred)or (2)by mail to the St.Johns River Water Management District,Finance Director,4049 Reid Street,Palatka,Florida 32177-2571. B.End of District Fiscal Year Reporting.The District’s ?scal year ends on September 30. Irrespective of the invoicing frequency,the District is required to account for all encumbered funds at that time.When authorized under an associated Project Agreement, submittal of an invoice for work completed as of September 30 satis?es this requirement. The invoice shall be submitted no later than October 30.If the Project Agreement does not authorize submittal of an invoice for work completed as of September 30,the Project Partner shall submit,prior to October 30,a description of the additional work on the Project completed between the last invoice and September 30,and an estimate of the additional amount due as of September 30 for such work.If there have been no prior invoices,Project Partner shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. C.Information Requirements.All invoices shall include the following information:(1)the District contract number for the applicable Project Agreement;(2)the Project Partner’s name,address,and authorization to directly deposit payment into Project Partner’s account Page 6 of 22 Agenda Item #8.F. 22 Jun 2026 Page 158 of 218 I :II :I I I ‘I I 'l | n III --I i -; II I II I v II ‘"‘II'II . ,I ‘~‘“I I '-I.'II._ I I a '4 .. I ;I '“II I I II II I II I f . I I II (I '|.|.I I:I I v .‘u L II I‘I:..I I,I.:II .II I I III I - I I I II I‘ ''I II ‘I II II - III II .I III ‘I II .I - I I I I - ‘II I III :I z I I .II I II II (1 H 'I I ... -.c I I . I I.,I . |'l I ‘.‘I I (i --I I .I I I .I I I I =-v II I ,I I I V y I II 'I I II D x I I .I II II I ".I‘'I .. I II I III I II I I '.II I .II I I ._II I a I I I I v I 'II .II I. .I I =I I I l I .I I I .I: u z:I I _I II -I I I 1 III 'I"I I -I I .I a ''II . '-:I III I =III T II III I .a ,. I I I I 'I I ;.I I II ':IL I I '-l I II I '|I '"I 'II ‘II I I.;I _II I I.-II .... II . Contract #42351 (if the Project Partner has not yet provided the District with a completed Direct Deposit Authorization form);(3)the Project Partner’s invoice number and date of invoice;(4)the District Project Manager;(5)the Project Partner’s Project Manager;(6)supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Project Agreement);and (7)Progress Report (if required).Project Partner should not include its Federal Employer Identification Number (FEIN)or its Social Security Number on the invoices.Invoices that do not correspond with this paragraph shall be returned without action within 20 business days of receipt,stating the basis for rejection.Payments shall be made within 45 days of receipt of an approved 1nv01ce. D Travel expenses.If the cost schedule for a Project Agreement includes a line item for travel expenses,travel expenses shall be drawn from the project budget and are not otherwise compensable.lf travel expenses are not included in the cost schedule,they are a cost of providing the service that is borne by the Project Partner and are only compensable when speci?cally approved by the District as an authorized District traveler.In such instance,travel expenses must be submitted on District or State of Florida travel forms and shall be paid pursuant to District Administrative Directive 391. E.Payments withheld.The District may withhold or,on account of subsequently discovered evidence,nullify,in whole or in part,any payment to such an extent as may be necessary to protect the District from loss as a result of:(l)defective work not remedied;(2)failure to maintain adequate progress in the Project;or (3)any other material breach of this Agreement.Amounts withheld shall not be considered due and shall not be paid until all grounds for withholding payment have been remedied. Annual budgetary limitation.For multi-?scal year agreements,the District must budget the amount of funds that will be expended during each ?scal year as accurately as possible. The Project Agreements shall include the parties’current schedule for completion of the work and projection of expenditures on a ?scal year basis (October 1 —September 30) (“Annual Spending Plan”).If the Project Partner anticipates that expenditures will exceed the budgeted amount during any ?scal year,the Project Partner shall promptly notify the District’s Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the work without increasing the Total Compensation.The last date for the District to receive this request is August 1 of the then —current ?scal year.The District may in its sole discretion prepare a District Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then-current ?scal year or subsequent ?scal year(s). l7.INVOICES -—PROJECT PARTNER PAYMENT.The following provisions apply to all invoices for Project Partner funding: A.Submission Details.The District shall submit an invoice for services completed based on the applicable Project Agreement.The invoice can be submitted either (1)by email to the Project Partner’s designated project manager per the Project Agreement (preferred)or (2) Page 7 of 22 Agenda Item #8.F. 22 Jun 2026 Page 159 of 218 =I I II I' l‘ H I I :I II I ‘I ,I II II I II .I I I. I I I II‘I -I:II I I H ‘I I II II I I I I I I -I I -_-. H .I I I .II I I I .--II II ' II I: I. |II"I II II.II I v I -:I ”I I I I I I I . I I IIIIII I I - -I I I: II I . II I _ II I II II I ' II ::I|II |I .‘l' n Contract #423 51 by mail to the City of Atlantic Beach,City Manager’s Office,800 Seminole Road,Atlantic Beach,Florida 32233. .End of Project Partner Fiscal Year Reporting.The Project Partner’s ?scal year ends on September 30.Irrespective of the invoicing frequency,the Project Partner is required to account for all encumbered funds at that time.When authorized under an associated Project Agreement,submittal of an invoice for work completed as of September 30 satis?es this requirement.The invoice shall be submitted no later than October 30.If the Project Agreement does not authorize submittal of an invoice for work completed as of September 30,the District shall submit,prior to October 30,a description of the additional work on the Project completed between the last invoice and September 30,and an estimate of the additional amount due as of September 30 for such work.If there have been no prior invoices,the District shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. .Information Requirements.All invoices shall include the following information: (1)Contract number for the applicable Project Agreement;(2)the District’s name and address;(3)the District’s invoice number and date of invoice;(4)the Project Partner’s designated Project Manager;(5)the District’s Project Manager;(6)supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Project Agreement);and (7)Progress Report (if required).Invoices that do not correspond with this paragraph shall be returned without action within 20 business days of receipt,stating the basis for rejection.Payments shall be made within 45 days of receipt of an approved invoice. .Payments withheld.The Project Partner may withhold or,on account of subsequently discovered evidence,nullify,in whole or in part,any payment to such an extent as may be necessary to protect the Project Partner from loss as a result of:(l)defective work not remedied;(2)failure to maintain adequate progress in the Project;or (3)any other material breach of this Agreement.Amounts withheld shall not be considered due and shall not be paid until all grounds for withholding payment have been remedied. Annual budgetary limitation.The Project Agreement includes the parties’current schedule for completion of the work and projection of expenditures on a ?scal year basis (October 1 —September 30)(“Annual Spending Plan”).If the District anticipates that expenditures will exceed the budgeted amount during any ?scal year,the District shall promptly notify the Project Partner’s Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the work without increasing the Total Compensation.The last date for the Project Partner to receive this request is August 1 of the then—current?scal year.The Project Partner may in its sole discretion prepare a District Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then-current ?scal year or subsequent ?scal year(s). Page 8 of 22 Agenda Item #8.F. 22 Jun 2026 Page 160 of 218 I II I II -—II I I '..=I I I -I I'‘ I -I I II I.II II- II II I .III ..=II. I I I II II I .III -_I I I _.I.I I -I I II II II .I'II I.I . I -I :1-A‘I —I I a.I .I I -I II .\.II -I ~I I I II I 1 I I .I n I II II I II .II _I.'I 9 I II I '_ I =II I :I _I -I :I I.I I I I : I‘I ‘I ''I I I I .II II I I I v .-II II I I II I I 'I '‘I I I ''-'‘’II .II -I I 'II I .I II I 'I 'I 'I --I III I I I -I I —I .-I -I -I I .I I I.I -I I.I .. I -II ’I I ‘II I I.I II -I I I .-I III I ‘ -II I ‘:I I .I I '.I I I III >5 I III II I I : II II -;-.I —.I I I ‘I II I ‘I III -I II ‘I ' I I I I I I _II .1";l 2 I I I —II ' I I I .I I _II .. I II :I II I I 'I I -I II 18. 19. 20. 21. 22. 23. Contract #423 51 ASSIGNMENT AND PERFORMANCE.Neither Party may assign or otherwise convey its rights and/or obligations under this MOA without ?rst securing the other Party’s prior written consent,which consent may be withheld,limited and/0r conditioned in the non-assigning Party’s sole discretion.Notwithstanding the foregoing,the Parties may procure the services of outside providers to perform the work outlined within the Project Agreements.Nothing herein shall preclude the right of either Party to waive its rights under this Article,but no waiver shall be granted by either Party without amendment to this MOA. AUDIT RIGHT AND RETENTION OF RECORDS.Either Party shall have the right to audit the books,records,and accounts of the others and its contractors and subcontractors that are related to this MOA.The Parties and their contractors and subcontractors shall keep such books,records,and accounts as may be necessary to maintain a complete and correct record of events (including but not limited to invoices,progress reports,etc.)for purposes of this MOA. CERTIFICATION.In accordance with §§287.133,287.134,and 287.135,F.S.,each Party certi?es that it has not been,is not now,and during the term of this MOA will not be (a)placed on the Scrutinized Companies or Other Entities that Boycott Israel (§287.135,F.S.), Discriminatory (§287.134,F.S.),or Convicted (§287.l33,F .8.)lists,(b)engaged in a Boycott of Israel (§287.135,F.S.),or (c)engaged in business operations in Cuba or Syria (§287.l35, F.S.).Further,each Party acknowledges that pursuant to the respective statutes,a Party may terminate this MOA at its sole option if the other Party is found to have submitted a false certi?cation or if the certi?cation proves to be untrue during the term of this MOA. COMMON CARRIER.Pursuant to §908.111,PS,the District may not execute,amend,or renew a contract with a common carrier or contracted carrier if the carrier is willfully providing any service in furtherance of transporting a person into the state of Florida with knowledge that the person is an unauthorized alien,except to facilitate the detention,removal,or departure of a the person from the state or the US Pursuant to §908.1 l 1,PS,Contractor shall complete Attachment C,the Common Carrier or Contracted Carrier Attestation. TIME OF THE ESSENCE.Time is of the essence for all work or services performed throughout this MOA. FORCE MAJ EURE.Neither Party shall be liable for any failure or delay in the performance of its obligations under this MOA to the extent resulting from force maj eure,including,but not limited to,compliance with any government law or regulation,acts of God,act or omissions of the other Party,third party government acts or omissions,?res,strikes,natural disasters, wars,riots,transportation problems,and/or any other cause whatsoever beyond the reasonable control of the Parties (an such cause being referred to as a “Force Majeure Event”). Accordingly,the Parties further agree that: A.Upon the occurrence of a Force Maj eure Event,the non-performing Party shall be excused from any further performance of those obligations under this MOA affected by the Force Majeure Event for as long as (a)the Force Majeure Event continues;and (b)the non- Page 9 of 22 Agenda Item #8.F. 22 Jun 2026 Page 161 of 218 (H RK SJR“MILFOVI 24. 25. performing Party continues to use commercially reasonable efforts to again commence performance whenever and to Whatever extent possible without delay. B.Upon the occurrence of a Force Maj eure Event,the non-performing Party shall notify the other Party within two (2)business days of the failure,or as soon as possible after such failure or delay if the Force Majeure Event prevents compliance within two (2)business days of the occurrence of a Force Majeure Event,and shall describe in reasonable detail the nature of the Force Maj eure Event. C.In the event of a Force Majeure Event,the time for performance by the Parties under the applicable Project Agreement shall be extended for a period of time equal to the time lost by reason of such cause through the execution of an amendment to the terms of this MOA and the impacted Project Agreement. WAIVER OF BREACH AND MATERIALITY.Failure to enforce any provision of this MOA shall not be deemed a waiver of such provision or modi?cation of this MOA.A waiver of any breach of a provision of this MOA shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modi?cation of the terms of this MOA. PUBLIC RECORDS.Records made or received by the Parties in the course of performance of a Project may be public records that are subject to the requirements of chapter 119,Florida Statutes.If Project Partner receives a public records request,Project Partner shall promptly notify the District’s Project Manager.Each Party reserves the right to terminate this MOA for refusal by the other Party to allow public access to all documents,papers,letters,or other materials related hereto and subject to the provisions of chapter 119,Florida Statutes,as amended. IF PROJECT PARTNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO PROJECT PARTNER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE DISTRICT’S CUSTODIAN OF PUBLIC RECORDS AT: DISTRICT CLERK ST.JOHNS RIVER WATER MANAGEMENT DISTRICT 4049 REID STREET,PALATKA,FLORIDA 32177-2571 (386)329-4127 IF DISTRICT HAS QUESTIONSREGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO DISTRICT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PROJECT PARTNER’S CUSTODIAN OF PUBLIC RECORDS AT: Page 10 of 22 CLERK SJRKWMDCQM Contract #42351 Agenda Item #8.F. 22 Jun 2026 Page 162 of 218 (1/__L_ Contract #423 51 (lh~rtlo ma Lu~ 26. 27. 28. 29. 30. 31 32. CITY OF ATLANTIC BEACH (904)247-5809 City of Atlantic Beach City Clerk’s Of?ce 800 Seminole Road Atlantic Beach,FL 32233 COMPLIANCE WITH LAWS.Each Party shall comply with all federal,state,and local laws,codes,ordinances,rules,and regulations in performing its duties,responsibilities,and obligations related to this MOA.The Parties shall include this requirement in all subcontracts pertaining to this MOA and associated Project Agreements.Each Party performing work under an associated Project Agreement shall obtain any and all governmental permits necessary to implement the project.Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this MOA and shall not be approved for project funding under an associated Project Agreement. CHANGES DUE TO PUBLIC WELFARE.The Project Partner and the District agree to enter into good faith negotiations regarding modi?cations to this MOA,which may be required in order to implement changes in the interest of the public welfare or due to changes in the law. SEVERANCE.In the event this MOA or a portion of this MOA is found by a court of competent jurisdiction to be invalid,the remaining provisions shall continue to be effective unless the Project Partner or the District elect to terminate this MOA.The election to terminate this MOA based upon this provision shall be made within seven (7)days after the ?nding by the court becomes ?nal. ENTIRE AGREEMENT.This MOA contains the entire agreement between the District and the Project Partner pertaining to matters contained herein.Any modi?cations to this MOA shall not be binding unless in writing and signed by both Parties. APPLICABLE LAW AND WAIVER OF JURY TRIAL.This MOA shall be interpreted and construed in accordance with and governed by the laws of the state of Florida.By entering into this MOA,the District and the Project Partner hereby expressly waive any rights either Party may have to a trial by jury of any civil litigation related to this MOA.Each Party agrees to bear its own costs and attorney’s fees relating to any dispute arising under this MOA. AMENDMENTS.No modi?cation,change order,amendment,or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this MOA and executed by the Project Partner and the District. PRIOR AGREEMENTS.This document represents the ?nal and complete understanding of the Parties and incorporates or supersedes all prior negotiations,correspondence, conversations,agreements,and understandings applicable to the matters contained herein.The Page 11 of 22 dbar?e coab.us Agenda Item #8.F. 22 Jun 2026 Page 163 of 218 u <. H II n.' u:H x 33. 34. Contract #42351 Parties agree that there is no commitment,agreement,or understanding concerning the subject matter of this MOA that is not contained in this written document.Accordingly,the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. CONSTRUCTION OF AGREEMENTS.This MOA and any associated Project Agreements shall not be construed more strictly against one Party than against the other merely by Virtue of the fact that it may have been prepared by one of the Parties,it being recognized that both Parties have contributed substantially and materially to the preparation hereof. SURVIVAL.All provisions of this MOA which impose or contemplate continuing obligations on a Party shall survive the expiration or termination of this MOA. [Remainder ofpage intentionally leftblank.Signature page follows.] Page 12 of 22 Agenda Item #8.F. 22 Jun 2026 Page 164 of 218 By: Name:Mary Ellen Winkler,J .D. Title:Assistant Executive Director Dated: IN WITNESS WHEREOF,the Parties to this Memorandum of Agreement have caused the same to be signed by their duly authorizedrepresentatives on the dates indicated below ST.JOHNS RIVER WATER MANAGEMENT DISTRICT By: Jason R.Gabriel,City Attorney Attest: Donna L.Bartle,City Clerk By: Curtis Ford,Mayor By: Kevin Hogencamp,City Manager Page 13 of 22 APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY OF ATLANTIC BEACH Project Partner Contract #42351 Agenda Item #8.F. 22 Jun 2026 Page 165 of 218 Contract #42351 ATTACHMENT A SCOPE OF SERVICES/WORK Coastal Habitat Restoration and Rehabilitation I.BACKGROUND Coastal habitats perform a vast array of ecosystem functions.These functions (ecological services) include providing food that supports biological productivity and diversity;serving as habitats for species that support ?sheries;attenuating or dissipating waves;controlling erosion;purifying water by sequestering nutrients,pollutants,and sediments;sequestering carbon;and providing aesthetic and recreational value.Appropriately,rehabilitation or restoration of impacted coastal habitats has been a high priority management goal since the District started its work in coastal systems.It was includedin the Indian River Lagoon (IRL)Field Committee Report to the Governor (1986),IRL Joint Reconnaissance Report (Chapter 6,1987),IRL Surface Water Improvement and Management (SWIM)Plan and its updates (1988,1989,1994,2003),the Northern Coastal Basins (N CB)SWIM Plan (2003,2016 draft),and the National Estuary Program’s IRL Comprehensive Conservation and Management Plan and its updates (1996,2008,2019).It is currently one of the key efforts in the District’s resilience planning to enhance coastal resilience. There are four main types of impacted coastal habitats commonly targeted for rehabilitation or restoration:impounded wetlands,wetlands impacted by dragline ditching,wetlands altered by dredging or ?lling,and degraded oyster reefs.In addition to these efforts,the creation of “living shorelines”represents an integrated approach that combines restoration with shoreline protection. Rather than using hard infrastructure like bulkheads 0r riprap,living shorelines stabilize eroding or disturbed shorelines by establishing submergent and/or emergent wetland habitat along the shoreline.Another key challenge to wetland resilience involved areas that have not kept pace with relative sea level rise and can no longer support coastal wetland vegetation.In such cases, restoration techniques exist to raise the surface elevation and reestablish functional vegetated wetlands.Most projects of this type do not require ongoing operation and maintenance efforts once constructed as the restored ecosystem provides ongoing activities such as sediment capture,and carbon sequestration that create sustainable bene?ts.The District has successfully implemented projects across all of these restoration categories (Brockmeyer et a1.1997,2021). Achieving large-scale project outcomes necessitates broad stakeholder engagement and the integration of varied ?nancial,technical,and institutional resources.The complexity of land management and ownership and jurisdictional authority across impacted wetlands led the District to establish successful partnerships that support coordinated remediation efforts and ensure alignment with the ecological goals outlined in relevant plans and initiatives.Furthermore,these partnerships have leveraged signi?cant cost-share dollars,grant ?lnds,and in-kind services;thus, multiplying the District’s investment several-fold and achieving large—scalewetland rehabilitation. With our long history of work in coastal systems,we are in an excellent position to lead efforts toward resilience and sustainability of wetlands and other coastal habitats.Public ownership of the impacted wetland system can facilitate their rehabilitation or restoration.The acquisition and management of coastal wetlands with an emphasis on disturbed areas has been one of the District’s long-standing goals.Collaboration with other governmental entities has been critical to many of these successful projects. Page 14 of22 Agenda Item #8.F. 22 Jun 2026 Page 166 of 218 htt s://d0i.0r 10.1007/811273-021-09843- II.OBJECTIVE The overall intent of this MOA is to facilitate rehabilitation or restoration of impacted coastal habitats (including impoundments)within the coastal systems. III.SCOPE OF WORK Over the term of this MOA,Project Agreements issued hereunder will implement Projects that restore,rehabilitate,or enhance coastal habitats providing additional ecosystem services/functions and enhancing resilience. IV.TASK IDENTIFICATION Detailed tasks for each Project initiated under this MOA will be jointly de?ned by the Parties and enumerated in each Project Agreement. VI.BUDGET /COST SCHEDULE Each Project Agreement will include speci?c budget details,address spending authority,and a project timeline.Project costs,including matching funds and/or in-kind services,will be established by mutual agreement of the Parties and detailed in writing in each Project Agreement. The Project schedule will be jointly established by Project Managers for each Party and stated in each Project Agreement.This schedule shall include Project implementationmilestones,invoicing, and Project completion.These Project Agreements will persist until a Party or all Parties terminate. Related Literature Brockmeyer,R.E.,editor.2004.Optimizing IRL wetland habitat restoration and management: The IRL Wetlands Initiative.Submitted to EPA as the Final Report for agreement #CD984814-99-0,247 p.+appendices. Brockmeyer,R.E.,Jr.,J .R.Rey,R.W.Vimstein,R.G.Gilmore,and L.Earnest.1997. Rehabilitation of impounded estuarine wetlands by hydrologic reconnection to the Indian River Lagoon,Florida.Wetlands Ecology and Management 4(2):93-109. Brockmeyer RE,Donnelly M,Rey JR,Carlson DB.2021.Manipulating,managing and rehabilitating mangrove-dominated wetlands along Florida’s east coast (USA):balancing mosquito control and ecological values.Wetl Ecol Manag. Cahoon Jr,D.R.,&Cowan Jr,J.H.1988.Environmental impacts and regulatory policy implications of spray disposal of dredged material in Louisiana wetlands.Coastal Management 16(4):341 -362. Donnelly MJ,Walters L,Sha?‘er M.2018.Shoreline characterization for northern Indian River Lagoon and Mosquito Lagoon.CEELAB Research Data.Orlando,FL:University of Central Florida.,accessed March 2022. Page 15 of 22 htt .ucf.edu/ceelab-researchdata/ Contract #42351 Agenda Item #8.F. 22 Jun 2026 Page 167 of 218 l .‘I HI .I -‘IIII "' I I ' III - ‘I I II -I _H :lI'I H'H I I l 'I I I :II II.I I I -I " III II I I ‘I II "I I I u I I I .‘l' IA -II I .I II |'I H 'I ‘— I _;|-- III IIIII I II III I I 1 I z :'II .II I I II I H J ' III I .u = z .I I II I II I 'I I ' H ' ' I I I |-I '. I III II I H .‘l= .I.l " I _I II I II II .I I II I]_u I ,I III |I ‘I I Contract #42351 Ford,M.A.,Cahoon,D.R.,&Lynch,J.C.1999.Restoring marsh elevation in a rapidly subsiding salt marsh by thin-layer deposition of dredged material.Ecol.Eng.12(3):189- 205. Gilmore,R.G.,Cooke,D.W,and Donohoe,C.J.1982.A comparison of the ?sh populations and habitat in open and closed salt marsh impoundments in east-central FL.NE Gulf Sci.5: 25-37. Grizzle R,Adams J,Walters L.2002.Historical changes in intertidal oyster (C.virginica)reefs in a FL lagoon potentially related to boating activities.J Shell?sh Res 21:749-756. Haydt,P.J.,and D Frazel.2003.Northern Coastal Basins SWIM Plan.St.Johns River Water Management District,Palatka,FL. Indian River Lagoon Field Committee.1986.The Interagency Management Committee Report to the Governor with Recommendationsfor Resource Management in the Indian River Lagoon.Recommendations to Regional and Local Governments and Marine Resources Council of East Central Florida. Indian River Lagoon National Estuary Program.1996.The Indian River Lagoon Comprehensive Conservation and Management Plan.Melbourne,FL,pp.350. Indian River Lagoon National Estuary Program.2008.The Indian River Lagoon Comprehensive Conservation and Management Plan Update.Palm Bay,FL. Parkinson,R.W.,DeLaune,R.R.,Hutcherson,C.T.,&Stewart,J.2006.Tuning surface water management and wetland restoration programs with historic sediment accumulation rates: Merritt Island National Wildlife Refuge,East-Central Florida,USA.Journal of Coastal Research 22(5)21268-1277. Rey,J .R.,D.B.Carlson,and RE.Brockmeyer,Jr.2012.Coastal wetland management in Florida: enviromnental concerns and human health.Wetlands Eco.and Manag.20(3)197—211 St.Johns River Water Management District and South Florida Water Management District.1988. Interim SWIM Plan for the Indian River Lagoon.August,1988.Palatka and West Palm Beach,Florida.70 pp. St.Johns River Water Management District and South Florida Water Management District.1989. SWIM Plan for the Indian River Lagoon.Palatka and West Palm Beach,Florida. Page 16 of 22 Agenda Item #8.F. 22 Jun 2026 Page 168 of 218 Partner:District: Cli r e enter text. Click or a her an Click ortap here to enterContractN 2.Pro't: Project 'tle. St.Johns River Water Management ,f t nt eac 4049 Reid Street SJ emi:o e d Palatka,FL 32177 At tic B a h,L 233 ATTACHMENT B —SAMPLE PROJECT AGREEMENT ST.JOHNS RIVER WATER MANAGEMENT DISTRICT Coastal Habitat Rehabilitation and Restoration Project Agreement This Project Agreement is entered into between the Parties named below,pursuant to section 163.01(1 4),Florida Statutes,and the Memorandumof Agreement MOA referenced below: Memorandum of Agreement between the St.Johns River Water Management District (the “District”)and the City of Atlantic Beach (“Project Partner”)for Coastal Habitats Rehabilitation and Restoration Projects (Contract #42351) The terms and conditions of the MOA are hereby incorporated into this Project Agreement.In the event of a con?ict,the terms of this Project Agreement shall be given precedence over the MOA. The terms of this Project Agreement may be modi?ed only through a written amendment executed by both Parties. 1.Parties: Click ortapto Click ortap to entera 3.Project Agreement Term: Effective Date:The later of Expiration Date: or the date both Parties execute the Pro'ect A reement. Page 17 of 22 A ma of the Pro'e area is attached as Exhibit XX. Cu ortap here to entertext. Project Location: Project Descriptm : entera date‘date. text.text. Contract #42351 Agenda Item #8.F. 22 Jun 2026 Page 169 of 218 Click ortap here to enter text. $Click ortap here to enter text. 33 Click ortap here to enter text. District District District Project Partner Project Partner Project Partner This Project Agreement can be terminated under the same mechanisms set forth in Article 4 of the MOA. 5.Funding Recipient: All Project Tasks as set forth below are to be et d b e P indie ed below,who shall be the recipient of the Project Funding (“F 1 Re i 'en ’) District Project Partner The 'ng Recipient h u it 'ic s 'n ac 0 dan with Articles 16 &17 of the MOA. E 0 pt a ovided 'gra ab ,th di g ipient shall provide and pay for all m t rials,1 or,an 0th r aci11'an e uip tn sary for the performance of the Project. Upo th her Part 'wri req ,th unding Rec 1 shall submit written progress reports he 0 er .T r 3 reports shall pro ‘e an updated progress schedule, taking into ac um I lay roved changes in the Project.Failure to provide a progress report will be cau it ayment. 6.Insurance equirements. The Funding Recipient shall require its contractors,if any,to maintain insurance coverage of such types and with such terms and limits as described below throughout the term of this Project Agreement.The Funding Recipient shall require all subcontractors,if any,to make compliance with the insurance requirements of this Project Agreement a condition of all contracts that are related to this Project Agreement.The cost of acquiring insurance coverages and payments of deductibles are not reimbursable costs under this Project Agreement.Receipt of Certi?cates of Insurance indicating less coverage than required does not constitute a waiver of the Insurance Requirements. Page 18 of 22 4.Project Funding: Funding shall be reimbursed to the Funding Reci t (de?ned below)for satisfactory completion of the Project. Not to Exceed Amount Source Contract #42351 Agenda Item #8.F. 22 Jun 2026 Page 170 of 218 Insurance Policy Requirements for Funding Recipient’s Subcontractors Contract #42351 General Liability policy shall include Endorsement CG 20 10 04 13,or equivalent, naming the Parties as Additional Insured.All required policies shall include: (1)endorsement that waives any right of subrogation (Endorsement CG 24 04 05 09,or equivalent)against the Parties for any policy of insurance provided under this requirement or under any state or federal worker’s compensation or employer’s liability act;(2)endorsement to give the Parties no less than 30 days’notice in the event of cancellation or material change. Certi?cates of Insurance must be accompanied by copies of the requested endorsements. Any deductibles or self-insured retentions above $100,000 must be declared to and approved by the Parties.Approval will not be unreasonably withheld.Subcontractor is responsible for any deductible or self—insuredretention.Insuranc ust be placed with insurers authorized to do business in Florida and having an AM.Best 'of A-or er.Receipt of insurance certi?cates providing less than the required coverag es not i ese insurance requirements. (a)Workers’Compensation Insurance.Workers 0 mpe ti and employer’s liability coverage,including maritime w r ’c ensat1 1,if a licable,in not less than the minimum limits required b ‘l .ubcor t actor aims an exemption from workers’corn ens ove ,S ont ctor st provide a copy of the Certi?cate of Exempti n mt lorid ivi 'f Workers’Compensation for all of?cers of a corp ra ‘o emb r of a LC lai ing exemption who will be icipating in the o in Sub trac mus provide a completed District ?davit (No io )for -co 5 c ncontracts. b)Ge ral L'i .Co rci en a ia 'l y Insurance on an “Occurrence Basis,” with imits liab'i fo e ch rre of n t ess than $2,000,000 for personal ''ury,bodi inj ,d o ert age,wit a r ject aggregate of $4,000,000. ove e sh l inclu e (o tractual liability,eiils generally known as XCU (exp ion,0 1 se,d ground property amage),subsidence,absolute earth moveme (i rtains to earthquake peril only)or any equivalent peril, (3 roduct a d m leted operations,(4)independent contractors,and (5)property in the re,con 1,or custody of Subcontractor.Extensions shall be added or exclusions delet o ide the necessary coverage. (c)Automobile Liability.$500,000 combined single limit. (d)Umbrella Policy.Minimum limits of $2,000,000 per occurrence. (6)Pollution Liability Policy.Minimum limits of $1,000,000 per occurrence. Page 19 of 22 Agenda Item #8.F. 22 Jun 2026 Page 171 of 218 W EL Mr V NU} \P‘x/DA\ {\\\\\\\\\(\(I \ \ \H 0) District Project Manager Project Partner Project Manager Task Responsible Party 7.Project Management: Name:Ronald E.Brockmeyer,Jr.Name:Kevin Hogencamp (or Desi gnee) Address:PO.Box 1429 Address:800 Seminole Road Palatka,FL 32178-1429 Atlantic Beach,FL 32233 Phone:(386)329-4495 one:(904)247-5817 Email:rbrockmeyer@sjrwmd.com i1:khogen p@coab.us 8.Project Tasks.As part of this Agreement,the Parti greet co lete the following tasks (refer to the MOA and the Scope of Services/W utli e in tt ent for further description): Di t ict P ject Partner Dis it I:roject Partner is 'ct _Project Partner strict :I Project Partner '5 rict Project Partner Di tr'Project Partner Di ct __Project Partner District —Project Partner I:District Project Partner :|District _Project Partner I:District Project Partner I:District Cl Project Partner District __Project Partner I I 9.Special Conditions.Add any Project-specific special conditions,such as property access or grant requirements. Page 20 of 22 Contract #42351 Agenda Item #8.F. 22 Jun 2026 Page 172 of 218 KW‘\W\\4“R“\W Contract #42351 IN WITNESS WHEREOF,the Parties have caused Pr 'ct reement to be executed on the date written below by their duly autho '(1 re sen 's.Th's Project Agreement may be executed in separate counterparts 'all t af c its va dity.Upon execution,this Project Agreement const't the 're ee 11 een the Parties and cannot be changed by any means 0 tha ritte a e nt encing this Project Agreement and signed by hot (Authorized Signature 0r Designee)Date Signed PrintN and Tit f ' utho ‘ed 1’atu esz‘Date Signed Exhibits: Exhibit XX Map of Project area Page 21 of 22 Print Name and Title of Signor Agenda Item #8.F. 22 Jun 2026 Page 173 of 218 ATTACHMENT C -COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM This form must be completed by the Project Partner,City of Atlantic Beach.Capitalized terms used herein have the de?nitions ascribed in §908.111,ES.The Project Partner acknowledges that the District may terminate this MOA upon receipt of knowledge or information that the Project Partner is a carrier with which the District is prohibited from contracting with under §908.l l l , F.S. City of Atlantic Beach (check one statement below): Is not a Common Carrier or contracted carrier and this MOA does not involve common carrier or contracted carrier services. OR Is a Common Carrier or contracted carrier and is not willfully providing and will not willfully provide any service during the MOA term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien,except to facilitate the detention,removal,or departure of the person from this state or the United States. Under penalties of perjury,I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Page 22 of 22 Signature: Title: Contract #423 51 Agenda Item #8.F. 22 Jun 2026 Page 174 of 218 H n Jl‘ CITY OF ATLANTIC BEACH CITY COMMISSION lVIEETING STAFF REPORT AGENDA ITEM:Building Permit Fee Ordinance SUBMITTED BY:Amanda L.Askew,AICP,Neighborhoods Department Director TODAY’S DATE:June 10,2026 MEETING DATE:June 22,2026 BACKGROUND:Staff presented the proposed changes to the building permit fees to the City Commission at its June 8 meeting.No comments or concerns were raised by the Commission,and staff has proceeded with the proposed revisions as presented. During the 2026 Legislative Session,the Florida Legislature adopted CS/CS/HB 803,relating to building permits and inspections.The legislation substantially revises various provisions of Florida law governing local building permit administration,inspections,permit exemptions,private provider services,and building permit fee structures.The bill was signed into law by Governor Ron DeSantis and becomes effective July 1,2026. HB 803 establishes several new statewide requirements affecting municipal building departments, including restrictions on permit fee calculations,mandatory fee reductions when private providers are utilized,expanded permit exemptions,and accelerated permit review timelines.Of particular relevance to municipalities,HB 803 further restricts local governments to collecting only those building permit fees reasonably necessary to fund the administration and enforcement of the Florida Building Code.The legislation reinforces statutory limitations requiring that building permit revenues not exceed the actual costs associated with permitting,inspections,plan review,and code enforcement activities.In addition, the changes to Florida Statute 553.79 specifically state fees cannot be based on the total cost of the project. Current fees are based on the cost of the project. Staff recommends updating the City’s building permit fee schedule and related administrative provisions to: Ensure compliance with revised state law governing permit fee calculations; Clarify fee reductions applicable to projects utilizing private providers; Update administrative review and inspection fees to accurately re?ect actual service costs; Maintain adequate funding for code enforcement and permitting operations;and Improve transparency and consistency in permit fee administration. The proposed updates are intended to align the City’s permitting practices with the requirements established under HB 803 while preserving the City’s ability to effectively administer and enforce the Florida Building Code. Staff recommends that building permit fees be calculated using a documented cost—recovery methodology consistent with the requirements of Section 553.80,Florida Statutes,as amended by HB 803.Under the revised statutory framework,permit fees should be reasonably related to the actual costs incurred by the Agenda Item #9.A. 22 Jun 2026 Page 175 of 218 City in administering and enforcing the Florida Building Code and should not exceed the amount necessary to ?md permitting operations. Accordingly,staff recommends that the City’s fee schedule be structured to account for the direct and indirect costs associated with permit administration,including: Plan review and technical review services; Building inspections and re—inspections; Permit processing and administrative overhead; Technology and permitting software systems; Records management and document retention; Code enforcement activities directly related to permitting; Personnel costs,including salaries,bene?ts,training,and certi?cations for permitting and inspection staff;and.Operational expenses associated with vehicles,equipment,of?ce space,and departmental support serwces. BUDGET:Undeterminednet gain RECOMMENDATION:Review and vote on Ordinance ATTACHMENT(S):Business Impact Statement (exempt) Ordinance No.5-26-75 Exhibit A REVIEWED BY CITY MANAGER:9 Agenda Item #9.A. 22 Jun 2026 Page 176 of 218 Business lm act Estimate Form CITY OF ATLANTIC BEACH FLORIDA Ordinance Title:AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,DUVAL COUNTY,FLORIDA,AMENDING CHAPTER 2,ARTICLE IX,CITY FEES; AMENDING DIVISION 2,BUILDING CODE FEES,INCLUDING SECTION 2-500, SCHEDULE OF BUILDING PERMIT FEES;SECTION 2-501,SCHEDULE OF ELECTRICAL PERMIT FEES;SECTION 2-502,SCHEDULE OF PLUMBING PERMIT FEES;AND SECTION 2-503,SCHEDULE OF MECHANICAL AND GAS PERMIT FEES;AMENDING DIVISION 3,FIRE DEPARTMENT FEES,INCLUDING SECTION 2-510;CREATING A NEW DIVISION 4,PUBLIC WORKS FEES,INCLUDING SECTION 2-520,SCHEDULE OF PUBLIC WORKS PERMIT FEES;CREATING A NEW DIVISION 5,ZONING FEES,INCLUDING SECTION 2-530;PROVIDING FOR FINDINGS OF FACT,CODIFICATION,APPLICABILITY,CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. Ordinance Number:5-25-75 Date:June 10,2026 Pursuant to Florida Statute 166.041(4),the City of Atlantic Beach has prepared this Business Impact Estimate for the proposed ordinance described below.This estimate is provided to inform the public and businesses of the potential economic impacts of the proposed ordinance,as required by law. 1.Summary of the Proposed Ordinance (statement of public purpose): The purpose of this Ordinance is to amend the City's building permit fee schedule and related administrative provisions to ensure compliance with the requirements of CS/CS/HB 803,enacted by the Florida Legislature during the 2026 Legislative Session and effective July 1,2026.The legislation substantially revises state laws governing building permit administration,inspections,private provider services,permit exemptions, and permit fee calculations. 2.Estimated Direct Economic Impact on Private,For-Profit Businesses: The following estimates outline the direct economic impact of the proposed ordinance on private,for-profit businesses within the City of Atlantic Beach,as required by Florida Statute 166.041 (4)(a)(2). a.Estimated Direct Compliance Costs Agenda Item #9.A. 22 Jun 2026 Page 177 of 218 b.Identification of New Charges or Fees c.Estimated Municipal Regulatory Costs (including estimated revenues from any new charges or fees to cover such costs) 3.Good Faith Estimate of Businesses Likely Impacted Posted on:June 12,2026 Website:https://coab.us/ Note:This Business Impact Estimate is provided in compliance with Florida Statute 166.041(4).Certain ordinances,such as those related to budgets,debt issuance,or compliance with federal or state law,may be exempt from this requirement. BUSINESS IMPACT ESTIMATE EXEMPTIONS Pursuant to Section 166.041(4),Florida Statutes,the City of Atlantic Beach,Florida is required to prepare a Business Impact Estimate for Ordinances that are NOT exempt from this requirement. A list of Ordinance exemptions are provided below.Please check all exemption boxes that apply to this Ordinance.If an exemption is applicable,a Business Impact Estimate IS NOT required. The proposed ordinance is required for compliance with Federal or State law or tion; The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget ments,including revenue sources necessary to fund the budget; Agenda Item #9.A. 22 Jun 2026 Page 178 of 218 The proposed ordinance is required to implement a contract or an agreement, ing,but not limited to,any Federal,State,local,or private grant or other financial assistance accepted by the municipal government; The proposed ordinance is an emergency ordinance; If none of the boxes above are checked,then a Business Impact Estimate IS RE UIRE Dtobecompleted. The ordinance relates to procurement;or The proposed ordinance is enacted to implement the following: a.Development orders and development permits,as those terms are defined in Section 163.3164,Florida Statutes,and development agreements,as authorized by the Florida Local Government Development Agreement Act under Sections 163.3220- 163.3243,Florida Statutes; b.Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; 0.Sections 190.005 and 190.046,Florida Statutes,regarding community development districts; d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Agenda Item #9.A. 22 Jun 2026 Page 179 of 218 n nu ORDINANCE NO.5-26-75 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,DUVAL COUNTY, FLORIDA,AMENDING CHAPTER 2,ARTICLE IX,CITY FEES;AMENDING DIVISION 2,BUILDING CODE FEES,INCLUDING SECTION 2-500, SCHEDULE OF BUILDING PERMIT FEES;SECTION 2-501,SCHEDULE OF ELECTRICAL PERMIT FEES;SECTION 2—502,SCHEDULE OF PLUMBING PERMIT FEES;AND SECTION 2-503,SCHEDULE OF MECHANICAL AND GAS PERMIT FEES;AMENDING DIVISION 3,FIRE DEPARTMENT FEES, INCLUDING SECTION 2-510;CREATING A NEW DIVISION 4,PUBLIC WORKS FEES,INCLUDING SECTION 2-520,SCHEDULE OF PUBLIC WORKS PERMIT FEES;CREATING A NEW DIVISION 5,ZONING FEES, INCLUDING SECTION 2—530;PROVIDING FOR FINDINGS OF FACT, CODIFICATION,APPLICABILITY,CONFLICTS,SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,during the 2026 Legislative Session,the Florida Legislature adopted CS/CS/HB 803,relating to building permits and inspections;and WHEREAS,HB 803 was signed into law by Governor Ron DeSantis and becomes effective July 1,2026;and WHEREAS,HB 803 substantially revises provisions of Florida law governing local building permit administration,inspections,permit exemptions,private provider services,permit fee structures,and permit review timelines;and WHEREAS,HB 803 further limits local governments to collecting only those building permit fees reasonably necessary to fund the administration and enforcement of the Florida Building Code;and WHEREAS,Section 553.79,Florida Statutes,as amended,provides that building permit fees may not be based upon the total construction cost of a project;and WHEREAS,Sections 553.79 and 553.80,Florida Statutes,require that permit fee revenues be reasonably related to and not exceed the actual costs incurred by the City in administering and enforcing the Florida Building Code;and WHEREAS,the City desires to update its building permit fee schedule and related administrative procedures to ensure compliance with state law,improve transparency and consistency in permit fee administration,and maintain adequate funding for permitting and code enforcement operations;and WHEREAS,the City Commission ?nds that the amendments contained herein are necessary and in the best interests of the public health,safety,and welfare. Ordinance No.5-26-75 Page 1 of 2 Agenda Item #9.A. 22 Jun 2026 Page 180 of 218 NOW,THEREFORE,BE ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Re ulations Amended.The fees found in Chapter 2 Article IX updated to re?ect changes as require by new State legislation as more fully set forth and described in Exhibit A,attached hereto and made part hereof,and hereby adopted to read as shown in said Exhibit A. SECTION 2.Pu ose and Intent.The purpose and intent of this Ordinance ensure compliance with House Bill 803. SECTION 3.Con?ict.All ordinances,resolutions,official determinations or parts thereof previously adopted or entered by the City or any of its officials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 4.Severabilit .If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 5.Codification 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 to Chapter 2 (Exhibit A)into the City’s Code of Ordinances.Sections of the Chapter may be renumbered or re—lettered and scrivener’s errors,formatting and typographical errors and other minor,inadverten tgraphicalerrorsinChapters2whichdonotaffecttheintentmaybeauthorizedbytheCityManager and City Attorney without the need of public hearing,by filing a corrected or re—codifiedcopy of same with the City Clerk. SECTION 6.Effective Date.This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this day of ,2026. PASSED by the City Commission on second and final reading this day of 2026. CITY OF ATLANTIC BEACH Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Ordinance No.5-26-75 P008 2 of2 Curtis Ford,Mayor Agenda Item #9.A. 22 Jun 2026 Page 181 of 218 VD Chapter 2 -ADMINISTRATION ARTICLE IX.—CITY FEES DIVISION 2.—BUILDING CODE FEES Sec.2-500.Schedule of building permit fees. (a)Generally. (1)Building and construction permit fees.. Separate fees shall be paid for electrical,plumbing,mechanical,zoning,fire, and other plan reviews and/or permits shown elsewhere in this section or in other applicable sections of this Code. f 71the total ermit fee shall consist of an administrative fee lan review fees ins ection fees and state surchar es as determined b ermitt e.Permitt es desi nated with an asterisk shall have their fees multi lied b 1.5 if the total work area is over 2 500 st uare feet and under 4 000 s uare feet or multi lied b 2 if their work area is 4 000 s uare feet or more.Private rovide discounts shall be 75%of fees desi nated as Buildin lan review fee or Buildin ins ection fee de endin on services for which the rivate rovider is retained. Baildin—g—Commercial i Foundation Re air Buildin fees -Plan review fee 55'Ins ection fee 50 Total ermit fee 205 ii Window Door Sidin Shutters Buildin fees —Plan review fee 75'Ins ection fee 100 Total ermit fee 275 iii Solar Buildin;requires companion electrical Jermit Zonin fees —Plan review fee 40'Ins ection fee 50 Buildin fees —Plan review fee 95'Ins ection fee 100 Total ermit fee 385 iv Foundation New* Public Works fees —Plan review fee 115'Ins ection fee 50 Zonin fees —Plan review fee 115'Ins ection fee 50 Buildin fees ——Plan review fee 170'Ins ection fee 100 Total ermit fee 700 ermit fees EXHIBIT A Agenda Item #9.A. 22 Jun 2026 Page 182 of 218 V Buildin Generator Public Works fees —Plan review fee 40'Ins ection fee 50 Zonin fees —Plan review fee 20'Ins ection fee 50 Buildin fees —Plan review fee 95'Ins ection fee 150 Total ‘ ermit fee 505 vi S a-Hot tub Public Works fees —Plan review fee 40'Ins ection fee 50 Zonin fees —Plan review fee 40'Ins ection fee 50 Buildin fees —Plan review fee 75'Ins ection fee 100 Total ermit fee 505 vii Accesso Structure* Public Works fees —Plan review fee 75'Ins ection fee 50 Zoning fees —Plan review fee.33757Insoection fee.$50 Buildin fees —Plan review fee 130'Ins ection fee 250 Fire fees —Plan review fee 150'Ins ection fee 75 Total ermit fee 955 viii Pool In—Ground Public Utilities fees —Ins ection fee 50 Public Works fees —Plan review fee 75'Ins ection fee 50 Zonin fees —Plan review fee 40'Ins ection fee 50 Buildin fees —Plan review fee 170'Ins ection fee 200 Fire fees —Plan review fee 150'Ins ection fee 75 Total ermit fee 960 ix Buildout*new tenant Public Works fees —Plan review fee 20‘Ins ection fee 50 Zonin fees —Plan review fee 75 'Ins ection fee 50 Buildin fees —Plan review fee 170'Ins ection fee 300 Fire fees —Plan review fee 150'Ins ection fee 75 Total ermit fee 990 x Alteration-Re air*existin tenant Public Works fees —Plan review fee 40'Ins ection fee 50 Zonin fees —Plan review fee 75'Ins ection fee 50 Buildin fees —Plan review fee 170'Ins ection fee 300 Agenda Item #9.A. 22 Jun 2026 Page 183 of 218 Fire fees —Plan review fee 150'Ins ection fee 75 Total ermit fee 1 010 xi Addition*existin tenant Public Works fees —Plan review fee 75'Ins ection fee 50 Zonin fees —Plan review fee 75'Ins ection fee 50 Buildin fees —Plan review fee 170'Ins ection fee 400 Fire fees —Plan review fee 150'Ins ection fee 75 Total ermit fee 1 145 xii Shell*no tenant Public Utilities fee —Ins ection fee 50 Public Works fees —Plan review fee 115'Ins ection fee 50 Zonin fees —Plan review fee 115'Ins ection fee 50 Building fees —Plan review feet 3 170'Insnection fee 400 Fire fees —Plan review fee 150'Ins ection fee 75 Total ermit fee 1 275 xiii New Construction"<new tenant Public Utilities fees —Ins ection fee 100 Public Works fees —Plan review fee 115'Ins ection fee 100 Zonin fees —Plan review fee 115'Ins ection fee 50 Buildin fees —Plan review fee 205'Ins ection fee 400 Fire fees —Plan review fee 150'Ins ection fee 75 Total ermit fee 1 410 xiv Commercial Roof Zonin fees—Plan review fee 50'Ins ection fee 55 Buildin fees —Plan review fee 55'Ins ection fee 100 Total ermit fee 345 b.Residential ermit ees.All residential ermitt es in this section shall have a 100 administrative fee exce t Poo]Above—Ground.Total ermit fees listed below are sub‘ect to state surchar es. i Foundation Re air Buildin fees —Plan review 55'Ins ection fee 50 Total ermit fees 205 EXHIBIT A Agenda Item #9.A. 22 Jun 2026 Page 184 of 218 ii Windows Doors Sidin Shutters Buildin fees —Plan review 55'Ins ection fee 100 Total ermit fees 255 iii Solar Buildin re uires corn anion electrical ermit Public Works fees —Plan review fee 40'Ins ection fee 50 Zonin fees —Plan review fee 40'Ins ection fee 50 Buildin fees —Plan review fee 55'Ins ection fee 100 Total ermit fee 435 iv S a—Hottub Public Works fees —Plan review fee 40‘Ins ection fee 50 Zonin fees —Plan review fee 40'Ins ection fee 50 Buildin fees —Plan review fee 55 'Ins ection fee 100 Total permit fee,$435 V Deck Public Works fees —Plan review fee 40'Ins ection fee 50 Zonin fees —Plan review fee 55'Ins ection fee 50 Buildin fees —Plan review fee 55'Ins ection fee 100 Total ermit fee 450 vi Pool Above—Ground Administrative fee 60 Public Works fees —Plan review fee 40'Ins ection fee 50 Zonin fees —Plan review fee 40'Ins ection fee 50 Buildin fees —Plan review fee 55'Ins ection fee 200 Total ermit fee 495 vii Mobile Home Public Works fees —Plan review fee 75 'Ins ection fee 50 Zonin fees —Plan review fee 75 'Ins ection fee 50 Buildin fees —Plan review fee 95'Ins ection fee 100 Total ermit fee 545 Viii Pool In—Ground Public Works fees —Plan review fee 55‘Ins ection fee 50 Zonin fees —Plan review fee 40'lns ection fee 50 Buildin fees —Plan review fee 75'Ins ection fee 200 A Agenda Item #9.A. 22 Jun 2026 Page 185 of 218 p Total ermit fee 570 ix Foundation New* Public Works fees —Plan review fee 115'Ins ection fee 50 Zonin fees —Plan review fee 115'Ins ection fee 50 Buildin fees —Plan review fee 95'Ins ection fee 100 Total ermit fee 625 x Accesso structure* Public Works fees —Plan review fee 75‘Ins ection fee 50 Zonin fees —Plan review fee 115'Ins ection fee 50 Buildin fees —Plan review fee 95'Ins ection fee 150 Total ermit fee 635 xi Outdoor kitchen Public Works fees —Plan review fee,$75;Insnection fee,$50 Zonin fees —Plan review fees 55 'Ins ection fee 50 Buildin fees —Plan review fees 115'Ins ection fee 300 Total ermit fee 745 xii Alteration-re air* Public Works fees Plan review fee 75'Ins ection fee 50 Zonin fees —Plan review fee 75 'Ins ection fee 50 Buildin fees —Plan review fees 115'Ins ection fee 300 Total ermit fee 765 xiii Addition* Public Works fees ~—Plan review fee 75'Ins ection fee 50 Zonin fees —Plan review fees 75'Ins ection fee 50 Buildin fees —Plan review fees 115 'Ins ection fee 400 Total ermit fee 865 xiv New Construction* Public Utilities fees —Ins ection fee 100 Public Works fees —Plan review fee 115'Ins ection fee 150 Zonin fees —Plan review fee 115'Ins ection fee 50 Buildin fees —Plan review fee 170'Ins ection fee 400 Total ermit fee 1 200 xv Residential Roof Shin 1e"< Agenda Item #9.A. 22 Jun 2026 Page 186 of 218 g p ,5 p .5 L_J_— .$ g S p ‘S g ‘35 n ‘3; p .S $“4 90 3.;g i herea‘and 'n~'ch?se90090 WWW V ‘ '‘I 4 maid Hielad?ig$19 909 99 —_J2_ I)V P—Jl— 2 4—19—30; I)S ._.l_—§_ Q .3 3 n 2 3i n i 2 .5 D .59 (3)Demolition fee.For the demolition of any building or structure,the fee shall be Administrative fee 100 Buildin fees ~Ins ection fee 100 Total errnit fees 200 xvi Residential Roof Other* Administrative fee 100 Zonin fees —Plan Review fee 40'Ins ection fee 50 Buildin fees —Plan review fee 40 Ins ection fee 100 Total errnit fees 330 6H6 WWWeeef—muetureés?e-b?mdrCalculated er the fees for new construction based on the most recent occu anc classification of the structure. artial or com lete th_e interior demolition of a buildin or em—dell—eu— Wersquare—feet—ef—stmetureésé—te—be-éemel-ishedrBased on demolition ermlt t e.All ermits in this section shall have an administrative fee of 100.Total errnit fees are sub'ect to state surcharges. a.Commercial demolition* Public Utilities fees —Ins ection fees 50 Public Works fees —Plan review fee 40'Ins ection fee 100 Zonin fees —Plan review fee 20‘Ins ection fee 50 Buildin fees ——Plan review fee 95‘Ins ection fee 100 Total errnit fee 555 b.Commercial interior demolition* (2)Moving fee.For the moving of any building or structure,the fee shall be EXHIBIT A Agenda Item #9.A. 22 Jun 2026 Page 187 of 218 () Zonin fees —Plan review fee 20'Ins ection fee 50 Buildin fees —Plan review fee 55 'Ins ection fee 50 Total ermit fee 275 c.Residential demolition* Public Utilities fees —Ins ection fee 50 Public Works fees —Plan review fee 20'Ins ection fee 100 Zonin fees —Plan review fee 20'Ins ection fee 50 Buildin fees —Plan review fee 40'Ins ection fee 100 Total ermit fee 480 d.Residential interior demolition* Zonin fees ~Plan review fee 20'Ins ection fee 50 Buildin fees —Plan review fee 40'Ins ection fee 50 Total uermit fee.$260 sub'ect to state surchar es. a.Commercial fencin Administrative fee 60 Public Works fees —Plan review fee 20'Ins ection fee 50 Zonin fees —Plan review fee 20‘Ins ection fee 50 Buildin fees —Plan review fee 40'Ins ection fee 50 Fire fees —Plan review fees 150'Ins ection fee 75 Total ermit fee 515 b.Residential fencin Buildin enclosin a 001 Administrative fee 25 Zonin fees —Plan review fee 20'Ins ection fee 50 Buildin fees —Plan review fee 20‘Ins ection fee 50 Total ermit fee 165 c.Residential fencin Zonin not enclosin a 001 EXHIBIT A Agenda Item #9.A. 22 Jun 2026 Page 188 of 218 pn v ‘1 DD pD Administrative fee 25 Zonin fees Plan review 20'Ins ection fee 50 Total ermit fee 95 ()Reinspection fee.Fifty-five dollars ($55.00). (7)Sign erections. a.Commercial Si n Monument Administrative fee 25 Public Works fees —Plan review fee 40'Ins ection fee 50 Zonin fees —Plan review fee 75'Ins ection fee 50 Buildin fees —Plan review fee 55'Ins ection fee 150 Total ermit fee 445 b.Commercial Si n Wall Administrative fee 25 Zonin fees —Plan review fee 75 'Ins ection fee 50 Buildin fees —Plan review fee 40'Ins ection fee 50 Total ermits fee 240 ()Changeof tenant required—regulations—Whena chan e of tenant occurs the business owner shall a for a Certificate of Use.in addition to an business license re uirements. a Certificate of Use Administrative fee 60 Zonin fees —A lication review fee 75'Ins ection fee 50 Buildin fees —A ‘ lication review fee 95'Ins ection fee 50 Fire fees —A lication review fee 150'Ins ection fee 75 Total Certificate of Use fee 555 l Total ermit ees ma be sub ect to state surchar es EXHIBIT A Agenda Item #9.A. 22 Jun 2026 Page 189 of 218 PP PPDD y VP1) a. I]VP p )( (a)Electrical fees EXHIBIT A ()Building permit renewal fee.The following permit renewal fees shall be paid when an applicant renews a permit after the original permit has expired in accordance with the Florida Building Code. Com leted ins ections Amount of renewal fee No ins ection conducted 100%of ori inal fee Slab ins ection a roved 80%of ori inal fee All rou h ins ections a roved 50%of ori inal fee Insulation ins ection a roved 30%of ori inal fee An final ins ection endin 10%of ori inal fee ()Building permit fee refunds.Permit fee refunds may be made when no work has started.A fee of fifteen (15)percent shall be retained by the city including the permit issuance fee and all plan review fees.Where work has commenced and the project is abandoned no refunds will be made.All requests for a refund shall be made in writing to the building official. (b)Plan review resubmittal fees:. u n .-......---,.’-‘Iunv-..u,--.,' {$1007009—fer—the-feurth—and—any—Simsequent—su-bmittalsrlfathirdreview of the ‘ ermit a lication documents results in disa roval b an a enc for a re eated lan review comment that has not been addressed in the three submissions the lan review fee for that a enc ma be increased u to four times the stated lan review fee for that a enc for that permit type. permit Generall the total ermit fee shall consist of an administrative fee lan review fees ins ection fees and state surchar es as determined er ermit t e.Permit t es desi nated with an asterisk shall have their fees multi lied b 1.5 if the total work area is over 2 500 s uare feet and under 4 000 s uare feet or multi lied b 2 if their work area is 4 000 s uare feet or more.Private rovide discounts shall be 75%of fees desi nated as Building;plan review fee or Building;ins bection fee depending on services for which the rivate rovider is retained.Electrical ermits shall have an administrative fee of 60.Total ermit fees are sub'ect to state surchar es. 1 Commercial Electrical* Buildin fees —Plan review fee 55'Ins ection fee 150 Total ermit fee 265 2 Commercial Electrical Generator re uires com anion Commercial Buildin Generator ermit Buildin fees —Plan review fee 55 'Ins ection fee 100 Sec.2-501.Schedule of electrical permit fees. Agenda Item #9.A. 22 Jun 2026 Page 190 of 218 () () 3 Commercial Electrical EV Char er ma re uire com anion Commercial Site Work Total ermit fee 215 ermit Public Works fees —Plan review fee 20 Zonin fees —Plan review fee 75'Ins ection fee 50 Buildin fees —Plan review fee 75'Ins ection fee 100 Total ermit fee 380 4 Residential Electrical* Buildin fees —Ins ection fee 150 Total ermit fee 210 permit), Buildin fees —Plan review fee 40'Ins ection fee 100 Total ermit fee 200 6 Residential EV Char er Buildin fees —Plan review fee 40'Ins ection fee 100 Total ermit fee 200 5 Residential Electrical Generator re uires corn anion Residential Buildin Generator EXHIBIT A Agenda Item #9.A. 22 Jun 2026 Page 191 of 218 A Agenda Item #9.A. 22 Jun 2026 Page 192 of 218 .p P VD VD E q Y (I 2 £13 1:p D E D $0 _g_ %A Sec.2-502.Schedule of plumbing permit fees. Plumbing fees Reinspection,$55.00 (EL permit .Generall the total ermit fee shall consist of an administrative fee lan review fees ins ection fees and state surchar es as determined er ermit t e.Permit t es desi nated with an asterisk shall have their fees multi lied b 1.5 if the total work area is over 2 500 s uare feet and under 4 000 s uare feet or multi lied b 2 if their work area is 4 000 s uare feet or more.Private rovide discounts shall be 75%of fees desi nated as Buildin lan review fee or Buildin ins ection fee de endin on services for which the rivate rovider is retained.Plumbin ermits shall have an administrative fee of 60.Total ermit fees are sub'ect to state surchar es. 1 Commercial Plumbin * Public Utilities fee —Ins ection fee 50 Buildin fees —Plan review fee 55'Ins ection fee 150 Total ermit fee 315 2 Residential Plumbin * Buildin fees -Ins ection fee 150 Total ermit fee 210 3 Commercial Irri ation Public Utilities fees —Ins ection fee 50 Zonin fees —Plan review fee 20'Ins ection fee 50 Buildin fees —Plan review fee 40'Ins ection fee 50 Total ermit fee 270 4 Residential Irri ation Public Utilities fees Ins ection fee 50 Zonin fees ~Plan review fee 20‘Ins ection fee 50 Buildin fees —Ins ection fee 50 Total ermit fee 230 ()Reinspection,$55.00 EXHIBIT A Agenda Item #9.A. 22 Jun 2026 Page 193 of 218 Sec.2-503.Schedule of mechanical permit fees. (a)Mechanical permit fees and as Generall the total ermit fee shall consist of an administrative fee lan review fees ins ection fees and state surchar es as determined er ermit t e.Permit t es desi nated with an asterisk shall have their fees multi lied b 1.5 if the total work area is over 2 500 s uare feet and under 4 000 s uare feet or multi lied b 2 if their work area is 4 000 s uare feet or more.Private rovide discounts shall be 75%of fees desi nated as Buildin lan review fee or Buildin ins ection fee de endin on services for which the rivate rovider is retained.Mechanical and Gas ermits shall have an administrative fee of 60.Total ermit fees are sub'ect to state surchar es. EXHIBIT A Agenda Item #9.A. 22 Jun 2026 Page 194 of 218 1 Commercial Mechanical* Buildin fees —Plan review fee 55 'Ins ection fee 100 Total ermit fee 215 2 Residential Mechanical* Buildin fees —Ins ection fee 100 Total ermit fee 160 3 Commercial Gas* Zonin fees —Plan review fee 20'Ins ection fee 50 Buildin fees —Plan review fee 55 'Ins ection fee 150 Total ermit fee 335 4 Residential Gas* Zonin fees —Plan review fee 20'Ins ection fee 50 Buildin fees —Plan review fee 20'Ins ection fee 100 Total ermit fee 250 Reinspection fee,$55.00 Agenda Item #9.A. 22 Jun 2026 Page 195 of 218 i.) () NU Secs.2-504 -2-509.Reserved. WWW/00':.net/fees 457006000 Common fire fees include 150 for lan review and 75 for ins ections DIVISION 3.—FIRE DEPARTMENT FEES Sec.2-510.Schedule of fire fees. (a)All fees for inspections and permits listed shall be charged as established by the Jacksonville Fire and Rescue Department (J FRD)of the City of Jacksonville, Florida. Administrative fee (per Sec.7-30),$ Sec.2-520.Schedule of Public Works ermit fees a General]the total ermit fee shall consist of an administrative fee lan review fees ins ection fees and state surchar es as determined er ermit t r 6.Public Works ermits shall have an administrative fee of 60.Total ermit fees ma be sub'ect to state surchar es. 1 Commercial Civil and Site Public Works fees —Plan review fee 150'Ins ection fee 150 Zonin fees —Plan review fee 150'Ins ection fee 50 Buildin fees —Plan review fee 40'Ins ection fee 50 Fire fees —Plan review fee 150'Ins ection fee 75 Total ermit fee 875 2 Commercial Drivewa Public Works fees —Plan review fee 75'Ins ection fee 100 Zonin fees —Plan review fee 75'Ins ection fee 50 Secs.2-511 —2-519.—Reserved. DIVISION 4.—PUBLIC WORKS FEES EXHIBIT A Agenda Item #9.A. 22 Jun 2026 Page 196 of 218 n Total ermit fee 360 3 Commercial Drivewa and Parkin lot Public Works fees —Plan review fee 75'Ins ection fee 100 Zonin fees —Plan review fee 75'Ins ection fee 50 Buildin fees —Plan review fee 40'Ins ection fee 50 Fire fees —Plan review fee 150'Ins ection fee 75 Total ermit fee 675 4 Commercial Site Im rovement Public Works fees —Plan review fee 75'Ins ection fee Zonin fees —Plan review fee 75'Ins ection fee 50 Total ermit fee 360 5 Residential Civil and Site Public Works fees ~Plan review fee 5375'Insrjection fee Zonin fees —Plan review fee 115 'Ins ection fee 50 Total ermit fee 450 6 Residential Drivewa Public Works fees —Plan review fee 40‘Ins ection fee Zonin fees —Plan review fee 55'Ins ection fee 50 Total ermit fee 305 7 Residential Site Im rovement Public Works fees —Plan review fee 40‘Ins ection fee Zonin fees ——Plan review fee 55 'Ins ection fee 50 Total ermit fee 305 8 Ri ht—of—WaLandsca in /Construction Public Works fees —Plan review fee 40'Ins ection fee Zonin fees —Plan review fee 40‘Ins ection fee 50 Total ermit fee 240 9 Ri ht—of—WaTem orar Obstruction Public Works fees —Plan review fee 40'Ins ection fee Zonin fees —Plan review fee 40 Total ermit fee 190 10 Ri ht—of—WaUtilit Placement Public Utilities fees Ins ection fee 50 100 150 100 100 50 50 Agenda Item #9.A. 22 Jun 2026 Page 197 of 218 ()(2 ()l E Public Works fees ~Plan review fee 40'Ins ection fee 50 Zonin fees —Plan review fee 20 Total ennit fee 220 Secs.2—521—2-529.—Reserved DIVISION 5.-ZONING FEES Sec.2-530.Schedule of Zonin ermit fees a General]the total errnit fee shall consist of an administrative fee lan review fees ins ection fees and state surchar es as determined er errnit t e.Zonin ermits shall have an administrative fee of 25.Total ermit fees ma be sub'ect to state surchar es. 1 Back ard hens Zonin fees —A lication review fee 75'Ins ection fee 50 Total fee 150 2 Commercial Tree Removal miti ation fees will be in addition to the fees below Zonin fees —Plan review fee 150'Ins ection fee 150 Total fee 325 miti ation fees will be in addition to this fee 3 Residential Tree Removal miti ation fees will be in addition to the fees below Zonin fees —Plan review fee 150'Ins ection fee 150 Total fee 325 miti ation fees will be in addition to this fee 4 Herita e Tree Desi nation Zonin fees —A lication review fee 40'Ins ection fee 50 Total fee 115 5 Do friendl restaurant Zonin fees —A lication review fee 75 Total fee 100 6 Mobile Vendin Total fee 25 7 Outside seatin Zonin fees —A lication review fee 40 Total fee 65 8 S ecial Event Tem orar Obstruction Public Works fees Plan review fee 40'Ins ection fee 50 Zonin fees —Plan review fee 40 EXHIBIT A Agenda Item #9.A. 22 Jun 2026 Page 198 of 218 Buildin fees —Plan review fee 55'Ins ection fee 50 Total fee 260 9 Traffic Calmin Public Works fees —Plan review fee 75'Ins eetion fee 50 Zonin fees —Plan review fees 150 Total fees 300 (-a-)Secs.2-531 —2-539.—Reserved. EXHIBIT A Agenda Item #9.A. 22 Jun 2026 Page 199 of 218 Page 200 of 218 =I II -I I If ‘| ;I _.I:. I I --II _I 'HI 'I I "I I. III I -II II ‘' II I I II .I I _l I II I:I I II =I -I'i I =r.._I I — '.x ''I III I I II I :I ' .I r -II II '.''"i!'II-I. I z I h ~II I ' I-I II :H -I I I I I l I I 'II I -.I I .I .I . n II '''''.|-l I :I -II I '|I I _It..‘.I 'I _I.I I I II I.I I II I I 'I1”-II I I I .II I a :I II .l -- I ---II I .I -II '"IIII '-U I v I i I 'I'-II —'-I - ‘I:|" II I I -v ,-I I I I .I I I I II I .I r '' II I II 'III “'"= I ...I —.-.A II I"I I I I I II I I I. ‘H; I; "I HI. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:An ordinance amending Chapter 2,Article IX,City Fees,by creating a new Division 6,Parks and Recreation Facility Fees,for the purpose of consolidating city fees into a single chapter of the code;amending Chapter 5,Beaches,Parks,and Recreation,Section 5-32,to remove the existing fee schedule,and reference the new fee location in Chapter 2 SUBMITTED BY:Amanda L.Askew,AICP,Neighborhoods Department Director TODAY’S DATE:June 10,2026 MEETING DATE:June 22,2026 BACKGROUND:Staff presented the proposed recreational facility rental fee schedule to the City Commission at its June 8 meeting.No comments or concerns were raised by the Commission,and staff has proceeded with the proposed revisions as presented. Staff is recommending adjustments to the recreational facility rental fee schedule to better align user fees with the increasing costs associated with operating,maintaining,and preserving the City‘s recreational assets.The current fee schedule has remained unchanged since 2012,despite substantial increases in labor costs,utilities,maintenance materials,programming expenses,and overall facility upkeep during that time. The proposed fee revisions are intended to improve cost recovery while maintaining access to high- quality recreational facilities and amenities for residents,community organizations,and other users.The adjustments will help support the continued operation,maintenance,cleanliness,safety,and long-term sustainability of City facilities,as well as ongoing investments necessary to meet community expectations and service standards. As part of the evaluation process,staff reviewed rental fees and pricing structures utilized by neighboring municipalities and comparable recreational providers to ,assess current market conditions and regional trends.While direct comparisons are limited due to differences in facility types,amenities,capacities, locations,and service levels,the review con?rmed that the City's existing fee structure has not kept pace with current operating costs or prevailing market rates. In conjunction with the fee update,staff is recommending the relocation of Parks and Recreation facility fees from Chapter 5 of the City Code to Chapter 2,Article IX,City Fees.Consolidating fees within a single chapter will create a centralized location for all City fee schedules,improving accessibility, administrative ef?ciency,and ease of use for both staff and the public while reducing potential confusion regarding fee references throughout the Code. Overall,the proposed revisions are intended to establish a more equitable,transparent,and ?nancially sustainable fee structure that supports the continued operation,maintenance,and enhancement of the City's recreational facilities for public use. Agenda Item #9.B. 22 Jun 2026 Page 201 of 218 RECOMMENDATION:Review and vote on Ordinance ATTACHMENT(S):Business Impact Statement Ordinance No.5-26-76 Exhibit A BUDGET:Underminednet gain BY CITY MANAGER: Agenda Item #9.B. 22 Jun 2026 Page 202 of 218 Business lm act Estimate Form CITY OF ATLANTIC BEACH FLORIDA Ordinance Title:An ordinance of the City of Atlantic Beach,Duval County,Florida, amending Chapter 2,Article IX,City fees,by creating a new Division 6,Parks and recreation facility fees,for the purpose of consolidating city fees into a single chapter of the code;amending Chapter 5,Beaches,parks,and recreation,Section 5-32,User fees for parks and recreation facilities,to remove the existing fee schedule,and reference the new fee location in Chapter 2;providing for findings of fact,codification,applicability, conflicts,severability,and an effective date. Ordinance Number:5-25-76 Date:June 10,2026 Pursuant to Florida Statute 166.041(4),the City of Atlantic Beach has prepared this Business Impact Estimate for the proposed ordinance described below.This estimate is provided to inform the public and businesses of the potential economic impacts of the proposed ordinance,as required by law. 1.Summary of the Proposed Ordinance (statement of public purpose): The purpose of this ordinance is to update the City of Atlantic Beach's recreational facility rental fee schedule to more accurately reflect the costs associated with the operation,maintenance,preservation,and long-term sustainability of City recreational facilities and amenities.The revised fee structure is intended to improve cost recovery, .support continued investments in facility upkeep and customer service,and ensure that residents,organizations,and visitors continue to have access to safe,clean,and high —quality recreational facilities that enhance the quality of life within the community. 2.Estimated Direct Economic Impact on Private,For-Profit Businesses: The following estimates outline the direct economic impact of the proposed ordinance on private,for-profit businesses within the City of Atlantic Beach,as required by Florida Statute 166.041 (4)(a)(2). a.Estimated Direct Compliance Costs increases b.Identification of New Charges or Fees Agenda Item #9.B. 22 Jun 2026 Page 203 of 218 .Increase park pavilion fees from $25 to $35.Increase camping fees from $25 to $35.Increase Gail Baker and Jordan Community Center fees from $25 per hour to $35 per hour.Add new fee for new community Center (Marsh Oaks Community Center).Increase non-profit rental fees for centers from $50 to $70 (Friday through Sunday)and increase from $25 to $35 (Monday through Thursday) 0 Increase fees for facilities with events with alcohol from $100 per hour to $150 per hours c.Estimated Municipal Regulatory Costs (including estimated revenues from any new charges or fees to cover such costs).No significant municipal regulatory costs are anticipated. 3.Good Faith Estimate of Businesses Likely Impacted.Very few businesses are impacted most of the rentals are individuals. 4.Additional Information The revised fee structure is intended to improve cost recovery,support continued investments in facility upkeep and customer service,and ensure that residents, organizations,and visitors continue to have access to safe,clean,and high-quality recreational facilities that enhance the quality of life within the community Posted on:June 12,2026 Website:https://coab.us/ Note:This Business Impact Estimate is provided in compliance with Florida Statute 166.041(4).Certain ordinances,such as those related to budgets,debt issuance,or compliance with federal or state law,may be exempt from this requirement. BUSINESS IMPACT ESTIMATE EXEMPTIONS Pursuant to Section 166.041(4),Florida Statutes,the City of Atlantic Beach,Florida is required to prepare a Business Impact Estimate for Ordinances that are NOT exempt from this requirement. A list of Ordinance exemptions are provided below.Please check all exemption boxes that apply to this Ordinance.If an exemption is applicable,a Business Impact Estimate IS NOT required. Agenda Item #9.B. 22 Jun 2026 Page 204 of 218 The proposed ordinance is required for compliance with Federal or State law or tion; The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget ments,including revenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, ing,but not limited to,any Federal,State,local,or private grant or other financial assistance accepted by the municipal government; The proposed ordinance is an emergency ordinance; Code. The ordinance relates to procurement;or The proposed ordinance is enacted to implement the following: a.Development orders and development permits,as those terms are defined in Section 163.3164,Florida Statutes,and development agreements,as authorized by the Florida Local Government Development Agreement Act under Sections 163.3220- 163.3243,Florida Statutes; b.Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; 0.Sections 190.005 and 190.046,Florida Statutes,regarding community development districts; d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention If none of the boxes above are checked,then a Business impact Estimate IS FlE IRED to be completed. Agenda Item #9.B. 22 Jun 2026 Page 205 of 218 I I II t hI I I. .II W“:.I [M I -ll I II I H‘K _ v.l | I H I “I ‘l <.n M u I I u I.I I I II | I I ORDINANCE NO.5-26-76 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,DUVAL COUNTY, FLORIDA,AMENDING CHAPTER 2,ARTICLE IX,CITY FEES,BY CREATING A NEW DIVISION 6,PARKS AND RECREATION FACILITY FEES,FOR THE PURPOSE OF CONSOLIDATING CITY FEES INTO A SINGLE CHAPTER OF THE CODE;AMENDING CHAPTER 5,BEACHES, PARKS,ANDRECREATION,SECTION 5-32,USER FEES FOR PARKS AND RECREATION FACILITIES,TO REMOVE THE EXISTING FEE SCHEDULE,AND REFERENCE THE NEW FEE LOCATION IN CHAPTER 2; PROVIDING FOR FINDINGS OF FACT,CODIFICATION,APPLICABILITY, CONFLICTS,SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City of Atlantic Beach Code of Ordinances currently contains fees set forth in multiple chapters,which can create confusion and inef?ciency in administration and public understanding;and WHEREAS,the City of Atlantic Beach desires to relocate fees when updating fees currently set forth in various sections of the Code into a single,centralized location within Chapter 2 as such Code sections are amended and updated;and WHEREAS,the City of Atlantic Beach owns,operates,and maintains recreational facilities and amenities that provide valuable opportunitiesfor community recreation,events,programs,and public gatherings;and WHEREAS,the City is committed to providing residents,organizations,and visitors with safe, clean,and well-maintainedrecreational facilities that enhance the quality of life within the community; and WHEREAS,the current recreational facility rental fee schedule has remained unchanged since 2012 despite substantial increases in operational and maintenance costs over the past decade;and WHEREAS,the costs associated with labor,utilities,maintenance materials,facility repairs, programming,custodial services,and overall facility upkeep have increased signi?cantly since the current fee schedule was established;and WHEREAS,periodic review and adjustment of user fees are necessary to ensure that rental rates more accurately re?ect the costs incurred by the City in providing and maintaining recreational facilities and services;and WHEREAS,the proposed fee adjustments are intended to improve cost recovery for the operation,maintenance,preservation,and long-term sustainability of the City’s recreational assets while continuing to provide access to high-quality public amenities;and WHEREAS,the proposed revisions will help support ongoing investments in facility maintenance,cleanliness,safety,customer service,and capital preservation efforts that bene?t facility users and the community as a whole. Ordinance No.5—26-76 Page 1 of2 Agenda Item #9.B. 22 Jun 2026 Page 206 of 218 NOW,THEREFORE,BE ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Re ulations Amended.The fees found in Chapter 5 Beaches,Parks and Recreation Section 5-32 are being updated and relocated to a new Division 6 in Chapter 2 Administration,as more fully set forth and described in Exhibit A,attached hereto and made part hereof,and hereby adopted to read as shown in said Exhibit A. SECTION 2.Fur ose and Intent.The purpose and intent of this Ordinance are to update parks and recreation facility fees and move fees into Chapter 2. SECTION 3.Con?ict.A11 ordinances,resolutions,official determinations or parts thereof previously adopted or entered by the City or any of its officials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 4.Severabilit .If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 5.Codification 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 to Chapter 2 (Exhibit A)into the City’5 Code of Ordinances.Sections of the Chapter may be renumbered or re-lettered and scrivener’s errors,formatting and typographical errors and other minor,inadvertent graphical errors in Chapters 2 and 5 which do not affect the intent may be authorized by the City Manager and City Attorney without the need of public hearing,by filing a corrected or re-codified copy of same with the City Clerk. SECTION 6.Effective Date.This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this day of ,2026. PASSED by the City Commission on second and final reading this day of 2026. CITY OF ATLANTIC BEACH Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Curtis Ford,Mayor Jason Gabriel,City Attorney Ordinance No.5-26-76 Fame 2 of 2 Agenda Item #9.B. 22 Jun 2026 Page 207 of 218 n v ()v v I)v (S )()v (S H p a [S v v v I) n y ()(l D K p 2 an R H n v (I v I;v (S _$_ L]V K v [S )n v (I p a v a —_gv— L]— 43—. p z p v/v [5 )n () a.p p p n g o v/v a nv [)2 y l)v (S )r v [S ) (l D u (S l p (I K J v v ()H u g p E [J v (S )p a (I p I;(S ) DIVISION6.-PARKS AND RECREATIONFACILITIESFEES Sec.2-600.Schedule of user fees for arks and recreation facilities. The use of ublic arks and recreation facilities within the cit and fees for such use shall be as set forth within this section. One-time events at the Jordan Park Communit Center or Donner Park Communit Center. 1 One hundred fort dollars 140.00 for four 4 hours and thirt —fivedollars 35.00 for each additional hour. De osit re uired:Two hundred dollars 200.00 refundable if no dama e to facilit the facilit is cleaned after use and no violation of ark rules or cit ordinances.b Recurrin use of an cit facilit or :ark b 501 c 3 not—for-rofit rou s nei hborhood or homeowner associations with a roved usera reement for six 6 or more times er ear durin non remium hours. 1 Monda throu h Thursda Thirt -five dollars 35.00 er event or activit with a maximum dail rate of 380. 2 Frida throu hSunda sevent dollars 70 erevent oractivit withamaximum dail rate of 780. 2 De osit re uired:Fift dollars 50.00 refundable if no dama e to facilit the facilit is cleaned after use and no violation of ark rules or cit ordinances. 3 "Premium hours"are identified as: 5:00 .m.or later All day Noon or later A re etitive use not-for-rofit homeowner or nei hborhood association ma re uest usa e of remium da 5 times at the thirt -five dollars 35.00 er event rate.However within seven 7 da 5 of the scheduled event if another rou wishes to rent the facilit at the full usa e rate then the re etitive use not-for—rofit homeowner or nei hborhood association ma be relocated to another facility. If a re etitive use not-for—rofit homeowner or nei hborhood association wishes to secure the facilit for :remium da 5 times then the will be re uired to a the full usa e fees for the rental. Private events at the Adele Gra e Cultural Center Monda throu h Thursda : 1 Fift‘;dollars 50.00.tier hour with a maximum dail.fee of four hundred dollars 400.00 . 2 De osit re uired:Two hundred dollars ‘200.00 refundable if no dama e to facilit the facilit is cleaned after use and no violation of ark rules or cit ordinances. Individual events at the Adele Gra e Cultural Center and Marsh Oaks Communit Center Monda throu h Thursda b 501 c 3 not—for—rofit rou s nei hborhood or homeowner associations: 1 Thirt —fivedollars 35.00 er hour with a maximum dail fee of three hundred ei ht dollars {$380.00}. 2 De osit re uired:Two hundred dollars 200.00 refundable if no dama e to facilit the facilit is cleaned after use and no violation of ark rules or cit ordinances. ExhibitA to Ordinance No.5-26-76 F?day Saturday Sunday Agenda Item #9.B. 22 Jun 2026 Page 208 of 218 (l (l (S ()a (S ) n v (I R a v (H)g E (l J (5 )n v (I q (S ) p v (a)v y _P__—EP_\L H (5 )()(S v vvv (1 vs:v v n l)n DD 1)g vp on (J v0 2 _V_V— (J vl v L]___v_s_v_.{§_l_ Ll_‘L£—i H v (S la n H v vn x n a l a p v (5 Man P. I)v n J 1.1—5:— l)v (S )0 n [l n n Private events at the Adele Gra e Cultural Center and Marsh Oaks Communit Center Frida throu h Sunday: 1 Four hundred dollars 400.00 for four 4 hours and one hundred dollars 100 for each additional hour. 2 De osit re uired:Two hundred dollars 200.00 refundable if no dama e to facilit the facilit is cleaned after use and no violation of ark rules or cit ordinances. Individual events at the Adele Gra e Cultural Center and Marsh Oaks Communit Center Frida throu h Sunda b 501 c 3 not-for—rofit rou s nei hborhood or homeowner associations: 1 Sevent dollars 70.00 .er hour with a maximum dail fee of seven hundred ei ht dollars ($780.00). 2 De osit re uired:Two hundred dollars 200.00 refundable if no dama e to facilit the facilit is cleaned after use and no violation of ark rules or cit ordinances. For events or activities at an cit facilit involvin the use of alcoholic bevera es.The rovisions of cha ter 3 of this Code shall also a:l . 1 Six hundred dollars 600.00 forfour 4 hours and one hundred fift dollars 150 for each additional hourfor an event servin beer wine or an t eof alcoholic bevera es. 2 Re uiresoff—dut oliceofficer aidb rental art at revailin hourl rate. 3 Must receive riora rovalofas ecial event ermitfromthe cit mana er. 4 Use of alcoholic bevera es is not ermitted in cit arks or on the beach and alcoholic bevera es must be contained within the buildin a roved to host such event. 5 No fee ticket or other t e of com ensation shall be char ed for alcoholic bevera es at an activit at cit facilities. 6 Violation of these rules ma be cause for forfeiture of an de osits. Lost ke card char e:Twent dollars 20.00. Cam in at Dutton Island Preserve. Thirt five dollars 35.00 er cam site.|Events at an cit facilit ut onb an unit offederal state or local overnment shall be exem t from an of the fees re uired in this section. All5 ecial events re uests not .reviousl addressed in this section of the Cit Code will be assessed a thirt - five dollar 35.00 a lication fee when submitted for rocessin . Sales tax for the rental of cit facilities shall be the res onsibilit of the renters. 0 Park avilions 1 Thirt -five dollars 35.00 er avilion 4hours and 10 eradditional hour 2 Node osit is re uired (Ord.No.95-03-82,§1,1-27-03;Ord.No.95-05-89,§1,4-11-05;Ord.No.95-07-93,§1,2-26—07;Ord.No.95— 10-100,§1,5-10-10;Ord.No.95—12-105,§1,5-14-12) Exhibit A to Ordinance No.5-26-76 Agenda Item #9.B. 22 Jun 2026 Page 209 of 218 Sec.5-32.User fees for parks and recreation facilities. Pursuant to fees in Cha ter 2. Exhibit A to Ordinance No.5-26-76 Agenda Item #9.B. 22 Jun 2026 Page 210 of 218 Exhibit A to Ordinance No.5— Agenda Item #9.B. 22 Jun 2026 Page 211 of 218 Page 212 of 218 I I .II II II 'I -| h II I 'I H I I I --II II 'I -' l-I I IF I .I -.-:Il 'II '..I II .''II II-II I II I .I' I".. _..II I II .-I II ''I |'' . I .I I . I 'II "II III ‘I 'II N I I ' J-I'' I II :I -I IIII "‘I I - I I I I I . I II '1 II!I II II 'I I =-II.I I ~ II I-II II II.I"- H -I I .II |'II . I II I I I _II I ‘II -.II II‘II I I I I‘II I '|‘ II_=II ,. I I I =t ,-III I II‘| I I II ~II _ .I |-vl I“I.'.II..I .H I I CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:An ordinance amending Chapter 23 Protection of trees and the natural environment,to include a new de?nition of Landmark Live Oak trees and related regulations. SUBMITTED BY:Amanda L.Askew,AICP,Neighborhoods Department Director TODAY’S DATE:June 11,2026 MEETING DATE:June 22,2026 BACKGROUND:During the May 2 Town Hall meeting,the City Commission expressed a strong interest in strengthening protections for the City‘s mature live oak tree canopy and directed staff to develop an expedited approach to preserve the community's most signi?cant oak trees. In response to this direction,staff has prepared proposed amendments to Chapter 23 0f the Code of Ordinances.The proposed amendments would establish a new classi?cation known as "Landmark Live Oak Trees"and create enhanced review,relocation,and mitigation requirements intended to discourage their removal while recognizing circumstances where removal may be unavoidable. The Environmental Stewardship Committee (ESC)has also made a recommendation for the protection of older maritime trees. Live oak trees are among the most signi?cant natural assets within the City.Mature live oaks provide extensive environmental,economic,and aesthetic bene?ts that accumulateover many decades and cannot be readily replaced once lost. According to estimates published by the International Society of Arboriculture,a typical live oak tree with a trunk diameter of: 20 inches approximately 70 to 120 years old 25 inches approximately 85 to 150 years old 30 inches =approximately 105 to 180 years old 35 inches =approximately 120 to 210 years old As a result,many of the City's largest live oak trees represent generations of growth and stewardship. These trees provide signi?cant ecological functions,including: -Stormwater interception and reduction of 'Urban heat island mitigation and shade runoff production 'Carbon sequestration and greenhouse gas 'Enhanced neighborhood aestheticsand reduction community character -Improved air quality 0 Increased property values and overall quality -Wildlife habitat and biodiversity support of life Agenda Item #9.C. 22 Jun 2026 Page 213 of 218 RECOMMENDATION:Review and vote on Ordinance ATTACHMENT(S):ESC minutes With the recommendation Ordinance No.95-26—128 Once a mature live oak tree is removed,replacement trees may require many decades before providing comparable canopy coverage and environmentalbene?ts.Consequently,preservation of these trees serves an important public purpose and contributes to the City's long-term environmentalresilience. To address these concerns,staff proposes amendments that would establish a "Landmark Live Oak Tree" designation for live oak trees meeting a minimum diameter-at—breast—height(DBH)threshold to be determined by the City Commission. The proposed amendments would: -De?ne and identify Landmark Live Oak Trees within the City Code; 0 Designate Landmark Live Oak Trees as regulated trees citywide; -Require a tree removal permit for any proposed removal; 'Require review of hazard determinations through an independent third-party arborist retained by the City; -Authorize the City to require relocation of a Landmark Live Oak Tree when determined feasible,with all relocation costs paid by the applicant; 0 Require approval by both the Community Development Board and City Commission before removal may occur; -Establish enhanced mitigation requirements for approved removals; °Establish increased mitigation penalties for unauthorized removals;and -Limit mitigation credit eligibility to approved replacement live oak trees meeting minimum caliper requirements. The proposed process is intended to strongly discourage removal while still providing a mechanism for consideration of unique site constraints and circumstances where preservation is not feasible. PROPOSED ORDINANCE STANDARDS The draft ordinance provides that Landmark Live Oak Trees may only be removed upon demonstrationby the applicant that: 1.The proposed development or construction activity cannot reasonably occur elsewhere on the property;or 2.Removal is unavoidable due to site conditions or design constraints beyond the applicant's control. In addition,prior to approving removal,the City may require relocation of the tree if determined to be feasible by quali?ed professionals. BUDGET:Unknown REVIEWED BY CITY MANAGER: Agenda Item #9.C. 22 Jun 2026 Page 214 of 218 v -..I I .I _ ‘I ._I.u I --I,., I I ._.u _> 7 V. ., I, --.‘ I ,. ‘7 .I ~I I._-.I ,..~I“ ,...__ =.I ...... V, .I.A >h ,:_7* -I I -.I ..V ...7 1 .~.,_ ~-,I .I -:v I --~ .III I .I :II III Is Todd Miner supported taking advantage of the current political moment,agreeing that focusing on the most important elements made sense given the rare alignment of public and commission support. Planner Jamieson indicated that staff was looking at 20 inches DBH as the threshold and suggested the committee would be very pleased with staff's proposal,though it hadn't been reviewed by the city manager yet. Dan Giovannucci presented a comprehensive motion addressing the discussion points. His proposal included designating all maritime trees over 20 inches DBH as protected landmark trees with several requirements:a statement of infeasibility to retain the tree with criteria including alternative building design statements from architects or design engineers;health and risk review from certi?ed arborists;minimum 30-day timeout for examination by city arborist or consulting arborist if there was disagreement;and if no alternatives could be found,presenting the case to commission for approval while still requiring appropriate mitigation unless the tree was dead or clearly dangerous. Bruce Andrews requested a friendly amendment to clearly state that infeasibility determinationsshould not be made by arborists,emphasizing the importance of having the right professional assess design alternatives. MQIION:That the city designate all maritime trees 20 inches DBH or greater as protected landmark trees,unless the tree is dead or a clear danger.This would require proof of infeasibilit ytoretainthetree,with criteria including alternative building design statements from architect sordesignengineers,ISA risk review from quali?ed certi?ed arborists,minimum 30-day timeout for examination by city arborist,and if no alternatives are found,presentation to city commission.If approved by commission,appropriate mitigation for actual tree type and size would still apply. Motion passed 7 to 0. General Fund Budget Discussion Chair Palmer reported on her discussion with Director Askew about ESC budget support. She con?rmed that staff support for ESC priorities did include budgetary support,with staff putting together their budget keeping ESC priorities in mind. For their major priorities,Chapter 23 work and most tree fund items were covered under existing budgets.Florida Friendly initiatives were seen as more of a cultural shift than requiring extra dollars initially.The parks plan and stormwater management were staff- led initiatives.The Marsh pilot project had Steve Swan putting together funding with grants and contingencies. Environmental Stewardship Committee (ESC) May 13,2026 Motion:Daniele Giovannucci Second:Bruce Andrews Agenda Item #9.C. 22 Jun 2026 Page 215 of 218 _..I I . II I I I II -:' 'H _I .III ’3 I ‘l I -..I I.I I....I II -I I‘'-I 'II II '-.I II II I I I:I II.I —Z -. I I.I I I I.‘I .III I.-.I _l ,|._I I I .III ..I I I I 1|I I z I II ''.I I.‘I II.II I ill I “I III I .I I .-I -]l:III _II I:_;I II-..‘-,:I _.=I II'.I,-.... I -I II -II“‘_I I I II -'I -I I :I I II 'II I I -II I II I z -.n -x -.I .I -I.II :I I--II II I 'I II '.II "I I 'I II I I .I I -III ‘I --II -"II II I I IIIII .- I I I .:"y -I "...I “' I._.I-II I ,I I-.I I I I n I II I I --I I 2-:Il-‘V *' .-.I II .I I 'I _II I.Iw h-‘-54 II I I I II I I I I .I.-I I . ..I I . ,:III ;----III II I II‘I I: ORDINANCE NO.95-26-128 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,DUVAL COUNTY, FLORIDA,AMENDING CHAPTER 23,PROTECTION OF TREES AND NATIVE VEGETATION,OF THE CODE OF ORDE‘IANCES;AMENDING ARTICLE II, LANGUAGE AND DEFINITIONS,SECTION 23-8,DEFINITIONS,TO ADD A DEFINITION FOR LANDMARK LIVE OAK TREE;AMENDING ARTICLE IV, DIVISION 5,AREAS OF SPECIAL CONCERN,TO CREATE SECTION 23-42, LANDMARK LIVE OAK TREES,ESTABLISHING REGULATIONS, PRESERVATION STANDARDS,REMOVAL CRITERIA,RELOCATION REQUIREMENTS,AND MITIGATION REQUIREMENTS FOR LANDMARK LIVE OAK TREES;PROVIDING FOR FINDINGSOF FACT,CODIFICATION, APPLICABILITY,CONFLICTS,SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City Commission conducted a Town Hall meeting on May 2,2026,during which the preservation of the City's mature live oak tree canopy was identi?ed as a community priority;and WHEREAS,the City Commission directed City staff to develop an expedited approach to strengthen protections for the City‘s most signi?cant and mature live oak trees;and WHEREAS,mature live oak trees are among the City's most valuable natural resources and contribute substantially to the enviromnental,aesthetic,historic,and cultural character of the community; and WHEREAS,mature live oak trees provide signi?cant public bene?ts,including stormwater interception,carbon sequestration,air quality improvement,urban heat island mitigation,wildlife habitat, and energy conservation;and WHEREAS,mature live oak trees enhance neighborhood character,increase property values, improve quality of life for residents,and contribute to the City's long-term environmentalresilience;and WHEREAS,according to information published by the International Society of Arboriculture,live oak trees of substantial trunk diameter may be many decades to more than two centuries old,representing natural assets that cannot be readily replaced within a human lifetime;and WHEREAS,the loss of mature live oak canopy requires many decades to restore and may result in the permanent loss of environmental and community bene?ts;and WHEREAS,the City Commission ?nds that certain exceptionally large and mature live oak trees warrant special recognition and enhanced protection due to their age,size,ecological value,and contribution to the City's urban forest;and WHEREAS,the City Commission desires to establish a classi?cation for such trees as "Landmark Live Oak Trees"and to designate those trees as regulated trees throughout the City;and WHEREAS,the City Commission ?nds that the removal of Landmark Live Oak Trees should be strongly discouraged and permitted only when demonstratedto be unavoidable or necessary under standards established by this ordinance;and Ordinance No.5-26—75 Page 1 of 3 Agenda Item #9.C. 22 Jun 2026 Page 216 of 218 WHEREAS,the City Commission further ?nds that relocation of Landmark Live Oak Trees,when determined to be feasible by quali?ed professionals,should be considered prior to approving removal in order to preserve these signi?cant community resources;and WHEREAS,enhanced mitigation requirements are necessary to account for the extraordinary value of Landmark Live Oak Trees and to discourage unauthorizedremoval;and WHEREAS,the City Commission ?nds that requiring review by the Community Development Board and ?nal approval by the City Commission for the removal of Landmark Live Oak Trees promotes transparency,accountability,and protection of the public interest. NOW,THEREFORE,BE ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Code of Ordinances Amended to add a new de?nition to Section 23-8 and a new section 23-42.Amend Section 23—8to add a new de?nition of a landmark oak tree and New Section 23-42 —Landmark Oak trees is hereby added to the Code of Ordinances to the City of Atlantic Beach,Florida as follows: Section 23-8 de?nitions Landmark live oak trees are live oaks at least (amount to be determined)inches of diameter at breast height (DBH)or greater. Section 23-42 Landmark Oak Trees Landmark live oak trees,as de?ned in Section 23-8,are considered regulated trees in all areas of the city, and their removal is strongly discouraged.Notwithstanding any state regulations to the contrary,a tree removal permit is required to remove any landmark live oak.If an applicant proposes removal based on a certi?ed arborist's report deeming the tree a hazard to persons or property,the City will retain an independent,third-party arborist to evaluate the tree.Prior to approving any removal,the City reserves the right to require the relocation of the tree(s)at the applicant’s sole expense.Final approval for removal must be granted by both the Community Development Board and the City Commission.If mitigation is authorized by the City Commission,the mitigation rate shall be (determined by the City Commission).If a landmark live oak is removed without a permit,the mitigation rate for that tree shall be (to be determined by the City Commission).Planting mitigation credits are only available for planting replacement live oaks with a minimum 4-inch caliper,subject to prior City staff approval of a landscape plan.Landmark live oaks. Removal may be approved by the City Commission upon demonstration by the applicant that the development or construction activity cannot occur in any other location on the site,or that removal is unavoidable due to site conditions and/or design considerations beyond the control of the applicant. SECTION 2.1nco oration Codi?cation Scrivener’s Errors Con?ict and Severabilit . Ordinance No.5-26-75 Page 2 of 3 Agenda Item #9.C. 22 Jun 2026 Page 217 of 218 (a)It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Atlantic Beach,Florida,and that the sections of this ordinance may be renumbered or relettered and that the word "ordinance"may be changed to "section,""article,"or other appropriate word. (b)The publisher of the City of Atlantic Beach’s Code of Ordinances,the Municipal Code Corporation (www.municode.com)is hereby directed to incorporate the revised and amended Code provisions provided herein into the City’s Code of Ordinances.Sections of Chapter 5 may be renumbered or re—letteredand scn'vener’s errors,formatting and typographical errors and other minor,inadvertent graphical errors in Chapter 5 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. (c)All Ordinances,Resolutions,Code of Ordinances or parts of thereof in con?ict herewith are hereby repealed to the extent of such con?ict. ((1)If any word,phrase,clause,subsection,or section of this Ordinance is for any reason held unconstitutional or invalid by a court of competent jurisdiction,the invalidity thereof shall not affect the validity of any remaining portions of the Ordinance. SECTION 3.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading this day of ,2026. PASSED by the City Commission on second and ?nal reading this day of ,2026. CITY OF ATLANTIC BEACH Donna L.Bartle,City Clerk Approved as to form and correctness: Jason Gabriel,City Attorney Ordinance No.5-26-75 Page 3 of3 Curtis Ford,Mayor Attest: Agenda Item #9.C. 22 Jun 2026 Page 218 of 218