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HomeMy WebLinkAboutResolution No. 26-100RESOLUTION NO. 26-100 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ACCEPTING A DISCRETIONARY GRANT IN THE AMOUNT OF $50,000 FROM THE RAY & KAY ECKSTEIN CHARITABLE TRUST FOR THE ATLANTIC BEACH POLICE DEPARTMENT DRONE PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND ACKNOWLEDGMENT FORM AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE GRANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Ray & Kay Eckstein Charitable Trust (the "Trust"), by award letter dated June 30, 2026, has awarded the City of Atlantic Beach, Florida (the "City") a one-time discretionary grant in the amount of Fifty Thousand Dollars ($50,000.00) (the "Grant"), designated for the Atlantic Beach Police Department drone program; and WHEREAS, the drone program will provide the Police Department with unmanned aerial and marine capabilities to support search and rescue operations, including water rescues of persons swept out to sea, and other lawful public safety functions; and WHEREAS, the City is a Florida municipal corporation and governmental unit described in Section 170(c)(1) of the Internal Revenue Code, and acceptance of the Grant for exclusively public purposes serves a valid municipal and public purpose; and WHEREAS, the Grant constitutes unanticipated revenue, and the City Commission desires to accept the Grant, amend the operating budget, and appropriate the Grant funds for the purposes designated by the Trust, consistent with Section 166.241, Florida Statutes; and WHEREAS, any acquisition of unmanned aircraft with Grant funds shall comply with all applicable laws, including but not limited to Section 934.50, Florida Statutes, the minimum security requirements of Florida Department of Management Services Rule 60GG-2.0075, F.A.C., the City's purchasing policies, and all applicable federal aviation regulations; and WHEREAS, it is anticipated that City's operating budget will be amended to recognize the Grant as unanticipated revenue, and the Grant funds will be appropriated to the Police Department for the purposes of the Grant. Any Grant funds not used for the purposes of the Grant shall be returned to the Trust unless otherwise authorized by the Trust in writing. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, Florida, as follows: SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Commission hereby accepts the Grant in the amount of $50,000.00 from the Ray & Kay Eckstein Charitable Trust, designated for the Atlantic Beach Police Department drone program. Resolution No. 26-100 Page 1 of 2 SECTION 3. The City Manager is hereby authorized to execute the Grant Agreement, in substantially the form attached hereto as Exhibit A, together with the Trust's Acknowledgment Form and such other documents as may be necessary to effectuate the Grant, and to take all actions necessary to administer the Grant, including the submission of any reports requested by the Trust. SECTION 5. This Resolution shall take effect immediately upon its passage and adoption. 9 -V -k PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida, this�&h day of August 2026. Curtis Ford, Mayo ATTEST: 4V,7,ta4z&— z City Clerk Approved as to form and correctness: YAi��-) Jason Gabriel, City Attorney Resolution No. 26-100 Page 2 of 2 Exhibit A Ray & Kay Eckstein Charitable Trust Grant Agreement ORGANIZATION: City of Atlantic Beach, Florida AMOUNT AWARDED: $50,000 DESIGNATED: Atlantic Beach Police Department for drone program I acknowledge that no good or services were provided in exchange for this award. I also acknowledge that discretionary grants, such as this one, are distributed in accordance with policies approved by Ray & Kay Eckstein Charitable Trust Board of Trustees, and unsolicited proposals of these types of grants will not be considered. I further acknowledge that this grant award should be considered a one-time, special grant, and that our organization should not apply to the Trust for renewal of this type of award. THIS AGREEMENT DETAILS THE RESPONSIBILITIES OF THE RAY & KAY ECKSTEIN CHARITABLE TRUST AND YOUR ORGANIZATION (GRANTEE), AND THE TERMS AND CONDITIONS OF THE GRANT. Use of Funds* Any funds not used for purpose of the grant must be returned to the Ray & Kay Eckstein Charitable Trust unless otherwise authorized in writing by the Ray & Kay Eckstein Charitable Trust. I agree to the above. Use of Funds* Grantee specifically agrees that it does not participate in any activities nor does it engage in any conduct that charitable organizations or government entities are prohibited from participating or engaging in. Specifically, Grantee understands that no portion of monies received from the Ray & Kay Eckstein Charitable Trust will be spent for the private inurement of any prohibited person or entity, nor spent for carrying on political activities of any kind, influence legislation, influence the outcome of any specific public election, carry on, directly or indirectly, any voter registration drive or in any respect violate any prohibitions set forth in the Internal Revenue Code, or any regulations promulgated thereunder. For clarity, the foregoing restrictions apply solely to the use of grant funds and do not limit Grantee's lawful governmental activities, including legislative activity, undertaken with other funds. I agree to the above. Governmental Status* Grantee warrants that it is a Florida municipal corporation and political subdivision of the State of Florida, and a governmental unit described in Section 170(c)(1) of the Internal Revenue Code. Grantee warrants and represents that the grant will be used exclusively for public purposes within the meaning of Section 170(c)(1) of the Internal Revenue Code. I agree to the above. Governmental Status* Grantee agrees to immediately notify the Ray & Kay Eckstein Charitable Trust, in writing, if: A. Grantee's status as a governmental unit described in Section 170(c)(1) of the Internal Revenue Code is altered, or action has been threatened or is pending that might result in such status being altered; or, B. Grantee has reasonable grounds to believe that the grant funds can no longer be used exclusively for public purposes within the meaning of Section 170(c)(1) of the Internal Revenue Code. Exhibit A In the event that Grantee ceases to qualify as a governmental unit described in Section 170(c)(1) of the Internal Revenue Code, all obligations of the Ray & Kay Eckstein Charitable Trust will terminate, and it will advance no additional funds. _ I agree to the above. Regulatory Compliance Cooperation* Grantee will cooperate with the Ray & Kay Eckstein Charitable Trust in supplying additional information that the Ray & Kay Eckstein Charitable Trust may request or in complying with any procedures which might be required by any governmental agency in order for the Ray & Kay Eckstein Charitable Trust to establish the fact that it has observed all requirements of the law with respect to this grant. 1 agree to the above. Grant Reporting* Grantee agrees to submit reports, if requested by Ray & Kay Eckstein Charitable Trust, on the interim and final status of the grant. If a report is required, Grantee will receive notification including instructions for filing a report. I agree to the above. Publicity* Grantee must obtain the Grantor's prior written approval before: (a) issuing a press release or other public announcement regarding this Grant; and (b) any other public use of the Grantor's name or logo. Grantor's approval shall not be unreasonably withheld. Notwithstanding the foregoing, Grantee is a Florida governmental entity subject to Chapter 119, Florida Statutes (public records), and Section 286.011, Florida Statutes (open meetings); nothing in this Agreement limits, and no breach of this Agreement shall arise from, Grantee's production or disclosure of this Agreement and related records, the inclusion of this Grant in public agenda materials and budget documents, or the discussion of this Grant at a public meeting, in each case as required by law. I agree to the above. Reliance* Grantee acknowledges that the Grantor is relying on the information Grantee provides in reports and during the course of any due diligence conducted by Grantor prior to and during the term of this Agreement. Grantee hereby confirms that the Grantor may continue to rely on this information and on any additional information Grantee provides regarding its activities, progress, and additional developments. I agree to the above. Sovereign Immunity* Nothing in this Agreement shall be deemed or construed as a waiver of Grantee's sovereign immunity or of the limitations of liability set forth in Section 768.28, Florida Statutes, or as consent by Grantee to be sued beyond the limited waiver contained therein. I agree to the above. Acceptance of Terms & Conditions* Exhibit A This grant is conditional upon Grantee's acceptance of the terms and conditions set forth herein. By selecting the "I accept Grant Terms and Conditions" below Grantee agrees to accept and comply with the stated terms and conditions of this grant. _ I accept Grant Terms and Conditions. I decline Grant Terms and Conditions. No Binding Effect By signing below, Grantee acknowledges that Grantee's act of signing this document in no way obligates the Ray & Kay Eckstein Charitable Trust to fund a grant that Grantee may receive, and Grantee should not act in reliance on the fact that the Ray & Kay Eckstein Charitable Trust is considering a grant to the Grantee until and unless it actually receives the payment of funds from the Ray & Kay Eckstein Charitable Trust checking account or from the Ray & Kay Eckstein donor - advised fund account. Funds received from either account are to be applied to a grant that could be awarded. I acknowledge and understand the above. Authorized Signature* By placing his or her signature or electronic signature on this document, the person signing below represents that he or she has full power and legal authority on behalf of the Grantee pursuant to authorization by the City Commission of the City of Atlantic Beach, Florida, to legally bind the Grantee to the terms set forth in this document and to strictly comply with its terms. Please signify your agreement to the foregoing terms and conditions. Signature Date Title