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03-01-96Natural Disaster. In the event of a natural disaster, such as a hurricane, the Cities involved in this agreement shall include Town Center Park in their active pursuit of financial assistance from Federal, State or Local Agencies. Festivals and Special Events: It is understood by all parties that Town Center Agency, Inc. receives its revenue from the proceeds of the annual street festival, " Dancin' in the Street "held each May. The proceeds from this festival are used for maintenance of the eampleted Town Center Park and for costs regarding future phases of Town Center. In the event that Town Center Agency, Inc. is nol able to have the festival, arid the funds for maintenance become exhausted, the Cities of Atlantic Beach, Neptune Beach and Jacksonville will make a concerted effort to continue the same standard of maintenance for Town Center Park and share as they see fit in its future upkeep. The Board of the Town Center Agency, Inc. shall serve as a coordinating and/or screening agent for any festivals and special events planned in Town Center Park including those events not sponsored by the Town Center Agency. The Cities of Atlantic and Neptune Beach shall participate in the coordinating of these events and shall have final authority to accept or reject any event in question. "Town Center Agency, Inc. City of Neptune Beach City of Jacksonville City of Atlantic Beach Town Center Park to insure safety and to prevent vandalism. Traffic violations: Atlantic Beach shall Regular and routine police patrol of the area for illegally parked cars on the access and roundabout as well as the sidewalk. Police patrol should increase in the evening hours and during weekends, especially at night. Infrastructure: Town Center Agency shall be notified of any infrastructure work or repairs being done in Town Center Park. Any asphalt, brick, or planting materials, as well as curbing, or site fixtures which must be disturbed or moved in any way shall be replaced or repaired to their original condition, to include but not be limited to replanting or replacing shrubs and/or flowers if necessary, and rebricking of sidewalk and/or roundabout to their original condition. Maintenance check: The City of Atlantic Beach shall make regular and routine checks for maintenance problems in Town Center Park and report any problems for which Town Center Agency is responsible to the Board representative of the Town Center Agency, Inc. The City of Atlantic Beach is responsible for repairs and maintenance to infrastructure and curbing on the north side of Town Center Park (from the midline of the street north). This includes replacing or repairing curbing. Town Center Representative: Arepresentative from the City shall attend at least two Town Center Board Meetings per year. The Representative shall act as a liaison between the City and Board regarding maintenance, special events, and other concerns. City of Jacksonville shall maintain the asphalt portion of Town Center Park keeping it in adequate condition for driving and safe condition for walking, biking etc. Should the asphalt need removing for reasons of repair to infrastructure, the City of Jacksonville shall replace the asphalt which needed to be removed. Efforts shall be made among the parties to notify the City of Jacksonville of any repairs which are necessary or any infrastructure work planned which necessitates the removal of asphalt. Drainage: All parties of this agreement acknowledge that storm water drainage has historically been a problem and continues to be a problem at the Town Center access to the beach and that it has negative impact on the appearance and usability of the park and access to the beach. Town Center Agency, Inc. is not responsible for any problems concerning drainage in the area, as it was a problem before the beautification project began. Safety and Security: Regular and routine police patrol and protection of Town Center Park to insure safety and to prevent vandalism. Any vandalism noted to the facilities shall be reported to the Town Center Agency. Traffic violations: Regular and routine police patrol of the area for illegally parked cars on the access and roundabout as well as the sidewalk. Police patrol should increase in the evening hours and during weekends, especially at night. Infrastructure: Town Center Agency shall be notified of any infrastructure work or repairs being done in Town Center Park. Any asphalt, brick, or planting materials, as well as curbing, or site fixtures which must be disturbed or moved in any way shall be replaced or repaired to their original condition, to include but not be limited to replanting or replacing shrubs and/or flowers if necessary, and rebricking of sidewalk and/or roundabout to their original condition. Infrastructure is defined throughout this agreement as any underground piping or wiring for any and all utilities, water, sewer, electric, gas, telephone, cable etc. Shower. Maintain and repair shower and water fountain and plumbing to shower as needed. Maintenance check: The City of Neptune Beach shall make regular and routine checks for maintenance problems in Town Center Park and report any problems for which Town Center Agency is responsible to the Board representative of the Town Center Agency, Inc. The City of Neptune Beach is responsible for repairs and maintenance to infrastructure and curbing, on the south side of "Town Center Park (from the midline of the street south). This includes replacing or repairing curbing. Town Center Representative: Arepresentative from the City shall attend at least two Town Center Board Meetings per year. The Representative shall act as a liaison between the City and Board regarding maintenance, special events, and other concerns. City of Atlantic Beach shall provide the following: Electricity: Electrical service to Town Center Park . Trash Pick-up: Routine trash pick-up for all trash receptacles on the north side of Town Center Park. City shall also routinely pick up litter from the area and keep sidewalks clear of debris. Lighting: Maintenance and repair of all lighting fixtures (both street lights and bollards) to include changing of bulbs in the entire Town Center Park. Safety and Security: Regular and routine police patrol and protection of Interlocal Agreement "Phis agreement is made this day of 1996, among the following parties; City of Atlantic Beach, City of Neptune Beach, City of Jacksonville, and Town Center Agency, Inc. The parties hereby acknowledge the creation of a tri-city park known hereafter as Town Center Park. Town Center Park is defined as an urban park situated in the historic and traditional neighborhood business district right-of-ways of Atlantic Beach and Neptune Beach, Florida. The boundaries are: To the east, the coastal setback line at the Atlantic Blvd. beach access, to the south, First Street to the cutoff for vehicular traffic, to the north, the AlA intersection at Third Street, to the north, Ocean Blvd. to Ahern Street intersection. Atlantic Boulevard, a Duval County road, runs through the middle of the defined area from Third Street to the eastern boundary of the beach access. The responsibilities for the maintenance and overall upkeep and protection of the park facilities, and persons using these facilities shall be divided among the parties as follows: Town Center AEencv. Inc. shall provide the following: Landscaping: Maintenance of all landscaping in Town Center Park to include weeding, trimming of hedges, upkeep of flowering beds, and annual trimming of trees. Benches and Trash Receptacles: Regular maintenance of benches and trash receptacles. Bollards and Streetlights: Replacement of entire fixture should any facture become damaged beyond repair. A copy of yearly income and expenses of the Town Center Agency, Inc. will be provided to each party in this agreement. City of Neptune Beach shall provide the following: Water. Water service to Town Center Park. Irrigation System: Maintenance of irrigation system to include replacement of parts when necessary. Trash Pick-up: Routine trash pick-up for all trash receptacles on the south side of Town Center Park. City shall also routinely pick up litter from the area and keep the sidewalks clear of debris. Our goal to begin construction would be Fall, 1996, after the summer season has ended. Town Center Agency, Inc. will notify the area businesses and keep them advised of our plans. The Town Center Board is enthused by the support and direction generated by our meeting and we are anxious to proceed. We shall continue to communicate to all parties any progress or changes along the way. Also, enclosed is a draft of the proposed interlocal agreement regarding the safety and maintenance of Town Center Park. After you have studied it awhile, we can all meet to work something out. Thank you again for your interest and continued support. You're doing a great job as City Manager and besides that, you have made my husband a very happy man! Best Regards, t~a~!~~~ll' Joan ~ eL.oach Fletcher Town Center Agency, Inc. Town Center Agency, Inc. 804 East Coast Drive 5 ~ Atlantic Beach, Florida 32233 aE~~n MAR March 4, 1996 Mr. Jim Jarboe City Manager, Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Dear Jim: Thank you for meeting with us last month. We were pleased that the outcome of the meeting was a commitment of partnership in funding which will continue the momentum of the Town Center Project. This letter is to clarify the funding goals set forth at our meeting on February 1, 1996. We understand that any funding from government entities is subject to council or commission approval. The following is a list of tentative funding sources: Town Center Agency, Inc. City of Jacksonville Public Works Dept. Renaissance Funds City of Atlantic Beach City of Neptune Beach Corporate Donations Total Funding for Phase 2A 55,000.00 50,000.00(in-kind services) 25,000.00 25,000.00 25,000.00 25,000.00 $205,000.00 The time frame to secure funding is four months. During this time between now and June 15, 1996, Town Center Agency, Inc. will initiate a campaign to collect corporate funds to meet the above goal. We will also work with . the cities of Neptune and Atlantic Beach for their approval to contribute $25,000.00 each from their Convention and Development tax dollars. CITY OF ~tfa7ctle b"eac!>< - ~loaisla ~~ 800 SE,NI\OLE RCNU ~{+.. ___.__ ____.__. _ -__ _. ___ ATLA!7TIC BEACH. FIARII711 J221154a5 7EI.EPHp\E 1907) 7a}cg~p -~.'fi\h FA.~L 19071 24'75805 r-~rn-r. -r---_ To: The Honorable Mayor & City Commission From: Carl Walker, Beautification Coordinator ~~ Re: Atlantic Boulevard median landscaping, "Greenscape" grant application The Beautification Committee has asked me to convey to you their concerns on the proposed grant application filed by 'Greenscape" for landscaping improvements on the Atlantic Boulevard medians. This item has been a topic of discussion at the past two 121 regular Beautification Committee meetings of February 19 and March 13. Their major concerns are as follows: * The type of palm tree proposed for the project is not native or indigenous to this area. The grant proposal shows the Zahedii Date Palm at a cost of $2,650 each ($113,950 total for 43! which the members feel is very costly. They recommend the planting of Washingtonian, Sabel, or cabbage palms. * The need for an irrigation system is questioned by the members. Again, it is costly with a projected instal- lation charge of $43,100 and an annual estimated ex- pense of $35,451 based on consumption of 1,768,650 gal. per year. The committee recommends using native plants and requiring watering of the trees by the vendor/in- staller to eliminate the need for a sprinkler system. * The landscaping efforts already accomplished on the medians, and which are on-going, would be destroyed if the proposed plantings and watering system were in- stalled. The landscaping already in place, and which is planned, largely financed by local businesses, could be enhanced by the addition of palm trees only. The Committee is strongly in favor of visual improvements to the medians of Atlantic Boulevard. However, it is their con- sensus that the medians could be attractively landscaped at a lower cost, both for installation and for maintenance. cpy: Jim Jarboe, City Manager 14. The requirements imposed b; ether grant program funds that may be sought by the FCT Recipient for activities associated with the Project Site shall not conflict with the terms and conditions of [he FCT award. This Agreement including Exhibits "A", "B" and °C" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. CITY OF ATLANTIC BEACH By: Name: Date: Accepted as to Form and Legal Sufficiency: Date: FLORIDA COMMUNITIES TRUST By James F. Murley, Chair Date: Accepted as to Form and Legal Sufficiency: Ann 1. Wild, Trust Counsel Date: CITY OF 1ACKSONVII..LE sy: Name: Date: Accepted as to Form and Legal Sufficiency: Date: CAA/95-058-P56 2-8-96 14 Game and Freshwater Fish Commission and Department of Environmental Protection's Office of Protected Species Management on the management of the Project on the mangement of the Project Site for the protection of listed species and listed species habitat. The FCT Recipient shalt also conduct periodic surveys of listed species using the Project Site and develop informational signs relating to the protection of listed animal species and their habitat. 5. The FCT Recipient shall ensure that the Project Site and listed animal species and their habitat are sufficiently buffered from the adverse impacts of adjacent land uses. 6 The FCT Recipient shall restore I8 acres of the Project Site by removing exotic vegetation, replanting trail roads with native vegetative species, restoring the aquatic habitat of the freshwater lake and adding culverts to the dike road to restore the hydrology of the saltmazsh 7. The FCT Recipient shall coordinate with the St. Johns River Water Management District in the development of a hydrologic restoration plan for the Project Site. 8. A vegetation analysis of the Project Site shall be performed to determine which areas of the Project Site need a prescribed burning regime implemented to maintain natural fire- dependent vegetative communities. The FCT Recipient shall coordinate with Division of Forestry and Game and Fresh Water Fish Commission on the development of a prescribed burn plan for the Project Site. S The FCT Recipient shall remove all trash and debris from the Project Site. 10. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources, in order to prevent the disturbance of significant sites. 11. Access to the Project Site by pedestrians, bicyclists and persons on non-motorized vehicles shall be promoted except in those areas where resource protection considerations wartant limiting access. 12. The FCT Recipient shall provide educational programs at the Project Site. The programs shall include guided walks and special programs for school groups and the general public. ] 3. As described in it's application, the FCT Recipient shall provide an organized recreational program directed toward the participation of at-risk-youth. The program shall be offered on a continuing basis at the Project Site focusing on the mitigation of juvenile crime through the provision of recreational opportunities. CAA/95-058-P56 2-8-9G 13 receipt of written notice from the FCT. To the extent allowed by law, FCT Recipient hereby indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any nature whatsoever arising from or with respell to Disallowable Activities on the Project Site. Nothing herein shall be deemed a waivtt of the FCT Recipient's sovtteign immunity. In addition to all other rights and remedies at law or in equity, FCT shall have the right to temporary and permanent injunctions against FCT Recipient fur any Disallowable Adiviry on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. VIII. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN The management plan for the Project Site is mentioned throughout this Agreement, and is particularly described in Paragraph l.b. of Section III above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the management plan shall address the following conditions that are particular to the Project Site and are result from either representations made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K-4.010(2xf), F.A.C. 1. 'fhe FCT Recipient shall provide outdoor recreational facilities including nature trails, interpretive signage, observation areas, restrooms and limited parking on the Project Site. The facilities shall be developed in a manner that allows the genttal public reasonable access for observation and appreciation of the significant natural resources on the Project Site without causing harm to those resources. ' 2 The timing and extent of a vegetative communities and plant species survey of the Project Site shall be specified in the management plan. The FCT Recipient shall detail how the survey shall be used during development of the site to insure the protection, restoration, and preservation of the natural resources on the Project Site. 3. The coastal hammock, pine tlatwoods and saltmarsh communities that exist on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these vegetative communities. 4 The Project Site shall be managed in a manner that optimizes habitat for listed wildlife species that utilize or could potentially utilize the Project Site, including the manatee, bobcat, muskrat, river otter and listed wading birds. The FCT Recipient shall coordinate with the CAA/95-058-P56 2-8-9G 12 the requirements for the use of Preservation 2000 Bond proceeds including without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. If the Project Site is to remain subject, after its acquisition by the FCT Recipient and/or the Trustees, to any of the below listed transactions, events, and circumstances, the FCT Recipient shall provide at least 60 days advance written notice of any such transactions, events, and circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax wnsequences of such activity or interest. FCT Recipient agrees and acknowledges that the following transactions, events, and circumstances may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The FCT Recipient further agrees and acknowledges that the following transactions, events, and circumstances may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Intemal Revenue Service: a. any sale or lease of any interest in the Project Site to any person or organisation; b. the operation of any concession on the Project Site by any person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; ' d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; f. a management contract of the Project Site with any person or organvation; or g. wch other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. The foregoing are collectively referred to as the "Disallowable Activities." VII. DISALLOWABLE ACTIVITIES/REMEDIES In the event that FCT determines at any time or from time to time that the FCT Recipient is engaging or allowing others to engage in Disallowable Activities on the Project Site, the FCT Recipient agrees to immediately cease or cause the cessation of the Disallowable Activity upon CAAI9S-O58-P56 2-A-96 11 9. The Project Site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation that is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site must be specifically designated in the management plan approved by the FCT as a part of the project plan. V. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the acquisition of the Project Site, the FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the FCT Recipient's comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient subsequent to the Project Site's acquisition. 2. FCT Recipient shall insure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 3. The FCT Recipient shall, through its agents and employces, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the management pian'approve by the FCT as a part of the project plea 4. FCT staff or its duly authorized representatives shall have the right at arty time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. 5. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, trce removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will rwt adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipiem's management plan addressing the items mentioned herein shall be considered written approval from FCT. VI. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Sections 375.045(4) and 380.510(7xa) and (b), F.S., to impose conditions for funding on FCT Recipient in order to ensure that the project wmplies with CAA/95-058-P56 2-8-96 10 shall vest in the Trustees, then all acquisition activities shall be administered by the Division of State Lands as specified in Section 253.025, F.S., and Rule 13-1, F.A.C. 3. The transfer of title to the FCT Recipient for the Project Site shall not occur until the requirements for the acquisition of lands, as specified in Section 380.507(! 1), F.S., and Rule Chapter 9K-6, F.A.C., have been fully complied with by the FCT Recipient and FCT. 4 Any deed whereby the FCT Recipient acquires title to the Project Site shall contain or be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.045 and 375.051, F.S.; Section 9, Article XII of the State Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revrnue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvemem Trust Fund upon failure to use the Project Site conveyed thereby for such purposes. Such covenants and restrictions as are described in this paragraph shall be in the form of a Grant Award Agreement, prepared by FCT, executed by the parties to the Conceptual Approval Agreement and recorded at the time of closing of the Project Site. The recordable Grant Award Agcemrnt shall restate the conditions that were placed on the Project Site at the time of project selection and initial gram approval. All statements contained in the recordable Grant Award Agreement are contained in this Conceptual Approval Agreement, with the exception of statements that do not survive the real estate closing of the Project Site. 5 The Grant Award Agreement containing such covenants and restrictions as referenced in pazagraph 4 above and describing the real property subject to the Agreement shall be executed by the FCT and FCT Recipient at the time of the conveyance of the Project Site and shall be recorded in the county in which the Project Site is located. 6. If any essential term or condition of the Grant Award Agreement is violated, and the FCT Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The deed transferring title to the Project Site to the FCT Recipient shall set forth the executory interest of the Board of Trustees of the Interttal Improvement Trust Fund. 7. The interest, if any, acquired by the FCT Recipirnt in the Project Site shall not serve as security for any debt of the FCT Recipient. 8. If the existence of the FCT Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates a^ agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. CAA/95-058-P56 2-8-96 9 2. The FCT strongly encourages the FCT Recipient to request a courtesy review of its entire project plan, but especially its management plan, well in advance of the meeting of the FCT Governing Body where the project plan will be considered for approval and funds will be authorized for disbursement. As a part of its duties to the Governing Body, FCT Staff will make a recommendation of approval of complete and accurate project plans or disapproval of incomplete or inwfficirnt project plans. FCT Recipient is strongly urged to coordinate with the FCT staff in order that the FCT review of the management plan coincides with both the anticipated Governing Body approval and the closing date of the real estate transaction(s) associated with the project. 3 Pursuant to 9K-4.O1 I(2)(h), F.A.C., FCT shall withhold project plan approval if the local comprehensive plan(s) of the FCT Recipient or the FCT Recipient's partner is, for any reason found not incompliance by the Department after conceptual approval has been granted by FCT, unless the FCT Recipient has executed a Compliance Agreement (formerly called a stipulated settlement agreement) with the Department to resolve all of the issues raised by the Department in a statement of intrnt to find a plan not in compliance issued to pursuant to Section 163.3184(8), F.S. 4. Pursuant to Rule 9K-4.010(3), F.A.C., the FCT shall publish a Notice of Approval for Preservation 2000 Funds in the Florida Administrative Weekly that shall list each project plan that has received approval for funding and the amount of funding approved- Any person with a substantial interest that is or may be determined by the decision of the FCT to reject or approve the project plan may request an administrative proceeding pursuant to Section 120.57, F.S. within 21 days from publication of the Notice of Approval for Preservation 2000 Funds. Real estate closings associated with the project may close only after expiration of the 21-day notice periCd, so long as no requests for an administrative proceeding have been filed. iV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, F.S. FCT RECIPIENT AGREES AS FOLLOWS: 1. FCT shall approve the terms under which the interest in land is acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT governing body approves and executes the purchase agreement for acquisition of the Project Site, further described in Section III.1.a. above, to which FCT is a party. 2. Title to the Project Site shall be titled in the FCT Recipient, unless the FCT Recipient specifically requests that title shall permanently vest in the Board of Trustees of the Intemal Improvement Trust Fund (Trustees). Such request shall be wbject to the approval of FCT and the Trustees. The FCT Recipient hereby elects that title to the Project Site shall be vested in City of Jacksonville [Note--insert either the name of FCT Recipient or Board of Trustees of Internal Improvement Trust Fund]. If the FCT Recipient elects that title CAA/95-058-P56 2-8-9G This project plan is a compilation of the following items listed below, which must be reviewed and approved by FCT in a meeting of the Governing Body. In the evrnt that the FCT Recipirnt is a partnership, the FCT Recipirnt must provide FCT with the interlocal ageemrnt that sets forth tha relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its project plan. The project plan shall include, and shall not be considered by FCT unless it includes all of the following: a. A purchase agreement for acquisition of the Project Site, executed by the property seller and the FCT Recipient, that is based on an appraisal or appraisals prepared consistent with the requirements of Rule Chapter 9K-6, F.A.C., and be otherwise consistent with the provisions of that rule chapter and in a form and with terms that are acceptable to FCT. (See Paragraph 1 ofSection IV below) b. A managemrnt plan that complies wiih the following: writtrn according to Exhibit C (FCT Technical Assistance Bulletin #2-Writing s Management Plan), which is attached hereto and incorporated herein by reference; acceptable to FCT; addresses the criteria and conditions set forth in Section V, VI, VII and VIII hereinbelow; and, at a minimum, sets forth how the site will be managed to further the purpose of the project, contains a description of all planned improvements to the Project Site, identifies the costs of management and site improvement and funding sources, and identifies the management entity and its funding source. If the FCT Recipient is not the proposed managing rntity, the project plan must include a signed agreement between the FCT Recipirnt and the managing entity stating the managing rntity's williligness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and idrntification of the source of funding for managemrnt. c. A statement of the total Project Cost, including all non-recurring costs of project development. d. A statement of the amount of the award being requested from the FCT. e. A statemrnt from each local governmrnt in whose jurisdiMion the Project Site is located that the project plan is consistent with the local comprehrnsive plan. f. Evidence that the conditions imposed as part of the Conceptual Approval Agreement have been satisfied. g An afTdavit from the FCT Recipient evidencing that after conducting a diligent search, the FCT Recipient, to the best of its knowledge, represents that there are no existing or pending violations of any local, state, regional and federal laws and regulations on the Project Site. CAA/95-058-P56 2-8-96 4. Pursuant to Rule 9K-4.010(2xj), F.A.C., in the event the Project Site is comprised of multiple parcels, FCT Recipient will provide an acquisition plan attached as Exhibit "A" and made a part of this Agreement. The acquisition plan must be approved by FCT prior to the commencement of negotiations for any parcel in the Project Site. The acquisition plan addresses the order in which the Project Site parcels will be acquired and the measures that will be taken to assure that the entire Project Site will be acquired with the FCT Preservation award to the FCT Recipient. Approval of the Conceptual Approval Agreement, with the acquisition plan attached as Exhibit "A", shall constitute approval of the acquisition plan by FCT. 5. No later than April 1, 1996, the FCT Recipient shall execute a Confidentiality Agreement pursuant to Rule 9K-6.010(5), F.A.C. A sample of a Confidrntiality Ageement is attached as Exhibit "B"; an Ageement specific to [Iris project will be prepared by FCT for execution by the FCT Recipient. This Confidentiality Ageement is [tot a part of this Ageement and may be amended without amending this Ageemrnt, if needed. 6. By execution of this ageemrnt, the FCT Recipient affirms that: a. the FCT Recipiem is ready, willing and able to provide the local match, if any is required; b the FCT Recipient reaffirms the representations made in FCT Application #95-058-P56; c. the FCT Recipient shall, on the anniversary date of the approval of the project plan by the Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. d. the FCT Recipient authorizes the individual named in this paragaph to execute all documents in connection with this project on behalf of the FCT Recipient, including but not limited to the Conceptual Approval Ageemrnt or arty addenda thereto, purchase ageement for the property, grant reconciliation statement, closing documrnts, statemrnts submitted as a part of the project plan, and Grant Award Ageemrnt pursuant to Rule 9K- 6.014(6), F.A.C.: Name: John A. Delaney Title: Mayor, City of Jacksonville Address: 14th Floor, City Nall 220 East Bay Street Jacksonville. Florida 32202 Phone: (904) 630-1776 Fax' III. PROJECT PLAN APPROVAL l . Prior to closing of the real estate transaaion and final disbursement of award funds by FCT, the FCT Recipient must prepare a project plan that complies with Rule 9K-4.01 I, F.A.C. CAA/95-058-P56 2-8-96 12. The FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications fot Series P56 Funding Cycle on September 14, 1995, at which time the Project Site became part of a list of lands that were approved for consideration for land acquisition. If action initiated by the FCT Recipient that is the local government having jurisdiction over the project site, subsequent to September 14, 1995, results in a governmrntally- derived higher value due to an enhanced highest and best use, the FCT acquisition activities will be terminated unless the seller agrees that the appraisal will be done at the highest and best use of the Project Site on or before September 14, 1995. 13. FCT Recipient hereby notifies the FCT that the following individual is the authorized key contact, or project manager, on behalf of the FCT Recipient for purposes of coordinating project activities for the duration of the project: Ba rrtnctpai runner Jacksonville Plann 14. This Agreement may be amended at any time prior to FCT giving project plan approval to the FCT Recipient. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. II. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION OF PROJECT SITE NEGOTIATION I . As was requested in the letter from FCT to FCT Recipirnt dated December 20, 1995, the FCT Recipient must provide FCT with copies of the Property Tax Identification cards for each parcel that comprises the Project Site no later than February 8, 1996. 2. The FCT Recipient hereby notifies the FCT that The City of .larkcnnv; I le [note: elect either FCT, FCT Recipient or FCT Recipirnt Agent] will be the party responsible for all negotiation and acquisition activities. The parties agree that mutual agreement as to the terms of the real estate contract is in the best interest of both parties and agree to share all information regarding the acquisition of the project site. In particular, the parties agree that prior to initiation of negotiations with owner(s), the appraisal(s) and appraisal review memoranda will be provided by the party responsible for all negotiation and acquisition activities to the other party. 3. As was requested in the letter from FCT to FCT Recipient dated December 20, 1995, no later than March 1, 1996, the FCT Recipient must deliver to FCT a writtrn statemrnt from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer from the FCT Recipient and FCT. CAJV95-058-P56 2-8-9G 8 The grant amount stated in paragraph 7 above is based on the FCT Recipient's estimate of Total Project Costs in application # 95-058-P56, az well az limits on awards in the Notice of Application Period announcing the application cycle. When disbursing funds for the project, the FCT will recognize the actual total Project Costs, defined in Rule 9K-4.002(31), F.A.C., for acquisition of the Project Site. The total project costs will be reflected on a grant reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the actual purchase price, or the maximum approved purchase price based on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is less, and multiplied by the percent stated in paragraph 7 above.. 9. The FCT Governing Body has given Conceptual Approval for funding to acquire the entire Project Site identified in the FCT Recipient's application #95-058-P56. The Governing Body reserves the right to withdraw the FCT award if the acreage that comprises the Project Site is reduced so that the objectives of the acquisition cannot be achieved. Where the Project Site is comprised of multiple parcels, the Governing Body reserves the right to withdraw the FCT award if the priority parcel(s), identified in the acquisition plan prepared purwant to Paragaph 4 of Section II below and attached as Exhibit "A " to this Ageement, cannot be acquired. 10. The FCT funds shall be delivered either in the form of eligible Project Costs prepaid by FCT to vendors or in the form of a state warrant at the closing of the Project Site to the Seller or the Seller's designated agent authorized by law to receive wch payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State, or to the FCT Recipient to the extent expended by the FCT Recipient in excess of any local snatch required. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT-award that corresponds to the parcel being closed. FCT will prepare a gant reconciliation statement prior to the closing of the Project Site parcel that will evidence the amount of local match, if any is required, provided by the FCT Recipient and the portion of the FCT award that corresponds to the parcel being closed. Cash expended by the FCT for eligible Project Costs incurred by the FCT will be recognized as part of the FCT gant award amount on the gent reconciliation statement. 11. 'fhe FCT Recipient's local match, if any is required, shall be delivered either in the form of eligible Project Costs prepaid to vendors by the FCT Recipirnt, or in the form of cash, eligible donation of land value or FCT Recipirnt's warrant at the closing of the Project Site. If the Project Site is comprised of multiple parcels, the FCT Recipient shall deliver at the closing of each parcel the share of the local match, if any is required, that cortesponds to the parcel being closed. The cash expended by the FCT Recipient for eligible Project Costs incurted by the FCT Recipient conducting acquisition activities will be recognized az part of the local match, if any is required, on the reconciliation statement prepared purwant to paragraph 10 above. In the event FCT Recipient's application #95-058-P56 represrnts that land is the source of local match, if any is required, the value attributed to the land local match, if arty is required, shall be determined after an appraisal report that complies with the procedures and requirements set forth in Rule 9K- 6.007, F.A.C. CAA/95-C58-P56 2-8-96 4 in compliance with Rule 9K-4.010(2xk), F.A.C. If the FCT Recipient does not request an extension, or if an extension is not granted to the FCT Recipient by the FCT Governing Body, the Preservation 2000 award granted to the FCT Recipient by the Governing Body shall terminate and all obligations hereunder shall cease. 4. Extensions to this Agreement, described in Paragraph 3 above, shall not exceed two (2) years from date the Agreement was approved by the FCT, except as described in this paragraph. If the project is not concluded by February 7, 1998, the project may only be extended if the FCT Governing Body determines that a request for additional time to complete the project is based upon compelling and extraordinary circumstances that would have precluded the project from having been concluded sooner. This two-year limitation is based upon the FCT's continuing concern at the length of time required by many local governments to conclude their projects, as well as the Florida Legislature's on-going concern at the rate of expenditure of FCT's Preservation 2000 funds. 5. This Agreement may be terminated before its expiration at the written request of the FCT Recipient. Such a request shall fully describe the circumstances that compel the FCT Recipient to terminate the project. A request for termination should be mailed to the offices of the FCT at the address given in paragraph 1 above. The request for termination will be placed on the agenda of the next regularly scheduled meeting of the FCT Governing Body for concurrence by the FCT. The termination shall be acknowledged by the FCT in a letter to the FCT Recipient Circumstances may arise that, in the analysis of the FCT, warrant termination of the project before its completion . In such an event, the FCT will advise the FCT Recipient of its analysis and will confer with the FCT Recipient on continuation of the project. If the FCT Recipient concurs, a request for termination will be considered at the next regularly scheduled meeting of the FCT Governing Body. 6 FCT Recipient agrees to make diligent efforts to submit the documentation that is required in this Agreement as soon as is reasonably possible to FCT so that the Project Site may be acquired in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines, whether stated in this Agreement or associated with meetings of the FCT Governing Body, may result in delays in the project, may result in allocation of time or resources to other recipients that responded timely, and may result in this Agreement being voidable. It is the responsibility of the FCT Recipient to know all project deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. 7. The FCT Preservation 2000 award granted to the FCT Recipient will in no event exceed the lesser of FIFTY percent (50%) of the final total project costs, as defined in Rule 9K- 4.002(31), F.A.C., or FIVE HUNDRED SEVENTY-FIVE THOUSAND AND 00/100 Dollars (5575,000.00), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K- 4.011(2)(a), F.A.C. CAA/95-058-P56 2-8-96 WHEREAS, the FCT Governing Body met on December 14, 1995, to score, rank and select projects that were to receive Conceptual Approval for funding; WHEREAS, the FCT Recipient's project, described in an application submitted for evaluation, was selected for funding and in acwrdance with Rule Chapter 9K-4, F.A.C., and more particularly described within this Agreement; WHEREAS, Rule 9K-4.010(2)(f), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual Approval that must be satisfied by FCT Recipient prior to the disbursement of any FCT Preservation 2000 funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Series Bond Proceeds. NOW THEREFORE, FCT and FCT Recipient mutually agrce as follows: I. GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by FCT Recipient and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 as soon as possible and before Msy 1, 1996. Upon receipt of the signed Agreements by FCT ,FCT will execute the Agreements, retain one original copy and return all other copies that have been executed to FCT Recipient. If the FCT Recipient requires more than one original document, the FCT Recipient should photocopy the number of additional copies needed, and then execute each as an original document. 2. The name Conceptua! Approves! Agreement is used to indicate that the project has been approved as a concept that was described in FCT Application #95-058-P56. Since the project site has not yet been negotiated for acquisition, some elements of the project are not yet known, such as the purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. The Conceptual Approval Agreemett is in every respect a grant contract between the parties. The Agreement describes activities that will be conducted both prior and subsequent to acquisition of the project site, which is the subject of the application that was submitted and selected for funding by the FCT. 3 Conceptual Approval for funding shall be until November 8, 1996. In the event the project has not been completed in full by November 8, 1996, the Conceptual Approval Agreement must be extended in order that the grant will remain in effect. In advance of the November 8, 1996, date and in sufficient time before a meeting of the FCT governing board that would allow approval of an extension to this Agrcement before its expiration, the FCT Recipient must request a written extension to the Conceptual Approval Agreement for project continuation CAA/95-058-P56 2-8-96 FCT Contraa # FLORIDA COMMUNITIES TRUST P56 AWARD# 95-058-P56 CONCEPTUAL APPROVAL AGREEMENT THIS AGREEMENT is entered into on 1996, the date the last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and CITY OF ATLANTIC BEACH and CITY OF JACKSONVII.LE (FCT Recipient), a local government of the State of Florida. The intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), that are necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implemem provisions of Sections 259.101, 375.045, and Chapter 380, Part III, Florida Statutes (F.S.). WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implemrnting the goals, objectives, and policies of the conservation, recreation and opm space, and coastal elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259. I01(3xc) of the Florida Preservation 2000 Act provides for the distribution often percent (10%) of the net Preservation 2000 Revrnue Bond proceeds to the Department of Community Affairs to provide land acquisition grants and loans to local govemments through the FCT; WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds (Bonds); WHEREAS, the Bonds are issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K-4, Florida Administrative Code (F.A.C.), describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund; CAA/95-058-P56 2-8-96 1 2 3 4 5 6 7 e 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and void, jeopardizing the purchase of Dutton Island; now, therefore, BE Tf RESOLVED by the Jacksonville Land Trust Committee: Sadler !. The Mayors of the Cities of Jacksonville and Atlantic Beach are urged to ensure that the FCT Conceptual Approval Agreement for Dutton Island is signed by the April 1, 1996 deadline. Section 2. The Cities are encouraged to work cooperatively to ensure that neither FCT's Precetvation 2000 Bond funds nor the purchase of Dutton Island are lost by a failure to execute the Conceptual Approval Agreement. DONE this J $~` day of March, 1996. C>~~ rcil Member Jim Overton Chairman, Jacksonville Favironmental Land Trust Committee Form Approved: Assistant General Counsel GIOt/IauA3/ I U96lduoa~. ~m -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 BEFORE THE ]ACKSONVILLE ENVIRONMENTAL LAND TRUST COMiVIITTEE. A RESOLUTION URGING MAYORAL APPROVAL OF THE FLORIDA COMMUNITIHS TRUST CONCEPUTAL APPROVAL AGREEMENT FOR THE ACQUISITION OF DUTTON ISLAND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Dutton Island constitutes environmentally-sensitive lands in Duval County adjacent to the City of Atlantic Beach; and WHEREAS, Jacksonville's Environmental Land Trust Committee suppoRS efforts to acquire Dutton Island by local government to preserve and enhance its environmentally-important qualities; and WHEREAS, the Cities of Jacksonville and Atlantic Beach (Cities) submitted a joint application to the Florida Communities Trust (FCT) for Preservation 2000 Bond funds with which to purchase Dutton Island from the owner who is willing to sell the property; and WHEREAS, the FCT approved the Cities' joint application for funding; and WHERF,AS, the FCT has tertdeted a Conceptual Approval Agreement to the Cities, which must be signed by April 1, 1996; and WHEREAS, the Jacksonville Land Trust Committee, at its Man:h 14, 1996 meeting, determined that the Cities had not yet executed the Conceptual Approval Agreement; and WIIERF.AS, if the Agreement is not signed by the Cities, the FCT grant may become null i'E ~~C~J~\. ~ .y*~'~ L y;, ~!~ rT'r~ ~j . J ~~ n . ~~ OFFICE OF THE CITY COUNCIL. ,HMES N. OVERiON xzc F. BAr STREET COU1K.LwV+. pSTRIR a JACKSORVIUF. Fl0(LM f~l 67fF1]YO 322@ FAIL ry~116'fP2906 *~ roon ~"I~0 March 19, 1996 Honorable Lyman T. Fletcher Mayor, City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Dear Mayor Fletcher. At the meeting ofthe Jacksonville Land Trust Committee on March 14, 1996, upon a motion duly made and seconded. the attached resolution was approved. This Resolution is hoped to encourage you and Mayor Delaney to move forward on the Florida Communities TnJSI Conceptual Agreement for the purchase of Dutton Island. The Committee feels that if this valuable land is to be preserved, time is of the essence due to deadlines set by the Florida Communities Trust. I believe I speak for the entire Committee in offering our collective or individual assistance in moving forward on this purchase. Sincerely, Q QV.4Xa ]amen N. Overton, Chairman Jacksonville Land Trust Committce JNO:Idi ce: Jacksonville Land Trust Committce Adopted by the City Commission of the City of Atlantic Beach this 26th day of Marsh 1996 Lyman Fletcher, Mayor Approved as to form and correctness: Alan C. Jensen, City Attorney Attested: M2ure@ii King, i ny Cierk RESOLUTION 96 15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ENDORSING THE ADOPTION AND SUBMISSION OF THE CONCEPTUAL APPROVAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, THE CITY OF ATLANTIC BEACH AND THE FLORIDA COMMUNITIES TRUST FOR THE ACQUISITION OF DUTTON ISLAND AS A COUNTY PARK; AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY; AUTHORIZING STAFF TO NEGOTIATE THE LEVEL OF PARTICIPATION OF ATLANTIC BEACH; WHEREAS, The City Commission of the City of Atlantic Beach recognizes the importance of Dutton Island as an environmental resource, and WHEREAS, The Cily Commission of the City of Atlantic Beach desires to support the acquisition of Dutton Island by the City of Jacksonville for use as a county park, and WHEREAS, The City of Jacksorrville has not yet endorsed the required Conceptual Approval Agreement between the two cities and the Florida Communities Trust, NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City of Atlantic Beach strongh/ urges the City of JacksorNille to adopt the Conceptual Approval Agreement with the Florida Communities Trust for the acquisition of Dutton Island as a county park. SECTION 2. The Mayor of the City of Atlantic Beach is hereby authorized to sign said agreement on behalf of the City of Atlantic Beach. SECTION 3. Ttre City Manager Is hereby authorized to enter Into negotiations with the City of Jacksonvige to determine the level of participation of the City of Atlantic Beach in the acquistion, operation and maintenance of the Dutton Island county park. AGENDA ITEM: Approval of Conceptual Approval Agreement for Dutton Island SUBMITTED BY: George V'Jorley il, Co~~~muni"y Development Director ~ ,~~.~ DATE: March 21, 1996 BACKGROUND: Attached is the proposed Conceptual Approval Agreement between the City of Jacksotville, the City of Atlantic Beach and the Florida Communities Trust for the purchase of Dutton Island as a county park. This is the same type of agreement that was approved at our last regular City Commission Meeting for the Tresca property. This agreement, along vVith their proposed Management Plan, must be forwarded to the Florida Communities Trust to obtain the Preservation 2000 grant funds which have been awarded. By the language in the grant application submitted by the City of Jacksonville, both they and the City of Atlantic Beach, together, are the 'FCT Recipient' of the grant. This language binds the City of Atlantic Beach to the grant crtteria specified in the agreement. Because of the language of the agreement does not delineate responsibiidies, some form of separate agreement must be enacted between the two cities setting out those responsibildies. That agreement has not yet been completed, although discussion has occurred. Commitments are made in this document to construct certain amenities and to provide certain recreational activities in the proposed county park on Dutton Island. The City of Atlantic Beach is bound by conditions of this agreement equally with the City of Jacksornille. RECOMMENDATION: Approval of the Conceptual Approval Agreement for the acquisition of Dutton Island as a county park and authorization for staff to continue negotiations with the City of Jacksomvlle to determine the type and level of activities and services to be provided by the City cf Atlantic Beach. ATTACHMENTS: 1) Conceptual Approval Agre(e~m(eSn~t~for Dutton Island REVIEWED BY CITY MANAGER: \. /~`A 5 Attachment A: Section I. Safety A. Upgrade Kiddie Playground 1. Jungle Gym 2. Suing 3. Rocking Horses B. Nev Playground Equipment (ages 7 and up) 1. Jungle Gym 2. Suing C. Bleachers D. Dugouts E. Na[er Fountain Section II. Enhancement A. Benches B. Twc-rail Fence C. Picnic Tables D. Individual Picnic Shelters E. Lights for Baseball Field RESOLUTION 96-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING THE CITY MANAGER TO IMPLEMENT BASIC REPAIRS AND UPGRADES TO RUSSELL PARK LIMITING SUCH EXPENDITURES TO $100,000. WHEREAS, Russell Park has the highest use of any park in the City, and WHEREAS, many areas of use in Russell Park need upgrading and WHEREAS, much of [he playground equipment is outdated, and WHEREAS, safety of [he Park can be improved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission authorizes the City Manager to implement the repairs and improvements stated in Attachment A of this resolution. The Ci[y Manager is authorized to expend up tc $100,000 in undertaking the scope of Work outlined in Attachment A. Adopted by the City Commission of Atlantic Beach this 25th day of March 1996. LYMAN T. FLETCHER Mayor/Presiding Officer Approved as to form and correctness: Attested: ALAN C. JENSEN, ESQUIRE City Attorney MAUREEN KING, CMC City Clerk crrY or• n'rl.nlv'rlc Bl:ncu CITY COMMISSION MGGI'1NC 57'Al~l~ ltl:l'UItT AI:~N DA: Adotion of Resolution No. 96-14 directing the City Manager to implement basic repairs and upgrides to Jack Russell Park, limiting such expenditure to ;100,000. :;UBA11'1'IISU111': 'T'immy Johnson, Recreation Director UA'fG: March 19, 1996 IIACKI;KUl1N1): As yuu know, the Recreation Department is in the process of upgrading the City's Parks. Howell Park has been addressed next on our agenda is Russell Park. Russell Park is [he City's most used Park. With safety being our number one priority the following needs to be addressed: Playground equipment, Bleachers, Dugouts and Water fountain Along with the safety issues the following enhance~ncnts will take place: New Benct~e s, Picnic tables, Two-rai' fence Individual Picnic Shelters and Lights for ball field li. ItIiCO111M1'sNUA'1'IUN: The Recreation Advisory Board recommends [he Commission approve Resolution 96-14, but encourage Atlantic Beach Athletic Association to seek outside funding for [he lights on field B. A'1'1'ACI IMIsNl"S: KGVIG1YIiI) BY CfCY MAN r~~~ Rr- Ac:~ NDA 1'1'Gh1 Reimbursement of half of the purchase cost of the project sRe through the Preservation 2000 grant will potentially provide up to $119,666 for the construction of the proposed amenities and/or match for additional yraMS. Due to the commitment to a low maintenance, conservatiorYpassive recnsatron park, the city will be able to provide the expected level of mauttenance wkh the current staff available to the Parks and Recreation Department. Educational programs wiN be sponsored by the city, but, volunteers will be solicited to present such programs. The city maintains close relations with several youth oriented organizations such as the Boy Scouts and the Y.M.C.A. who will be recruded to participate in these education programs, especialy those targeting at-risk youth. Prlorky Schedule Due to the relatively compact nature of the project site, the city proposes to construct the majority of the structural amenities in a single phase project. This will include the construction of the traiUboardwalk system, the restroom facility, and the parking area. The propcsed observation structure and the canoe launching facility could be followed up as a second phase if necessary. It is the proposal of the City of Atlantic Beach to complete the construction of the proposed amenities within the 1996-1997 budget year which begins October 1, 1996. A project time line is attached as Attachment 'A'. MonRoring Project monitoring will be accomplished through an initial sRe survey to identify Listed plant and animal species, sensRive habitat areas, encroaching exotic vegetation, and point source contaminants such as trash dump sites. A follow up survey shall be conducted immediatey after the completion of the construction work to assess the impact or. tt:e areas, species and items imrentoried during the initial survey. Notice of arty adverse impacts will be made to all appropriate agencies starting with the FCT. An annual monitoring survey shall be conducted ny city staff to ascertain the general condRion of the sRe and the necessity for special maintenance or the need to modify the amenRies to avoid adverse impacts. This annual monitoring survey will provide the basis for an annual stewardship report to the FCT. Arty proposed modifications to the project site will be presented to the FCT for review and approval prior to implementation. -6- examination can be arranged. All provisions of Chapter 267, Flonda Statutes, including Sections 267.06f(2)(a) and 267.06t(2)(b), will be met in identifying and protecting historical and archaeological sites. Coondlnation: With the exception of a single out parcel property, the subject sRe is bounded by other undeveloped lands owned by the City of Atlantic Beach. The out parcel property is occupied by a privately owned single-famiy residence. To minimize adverse impacts on the out parcel residence, the adjoining property lines will be fenced with a stockade type wood fence to ensure the resident's privacy. In addition to the fence the trail system will be located at least 50 feet away from the adjoining property to provide a sufficient buffer. As mentioned previously, the stomtwater drainage in the immediate vicinity of the project sde flows away from the sRe and into a retention pond. No water or wastewater discharge effects the project site. Arty future modifications to the stomiwater drainage system will be approached with the protection of the project sde in mind. Arty such modifications and all planned improvements specified in this plan will be submitted to the Florida Communities Trust, The Florida Game and Fresh Water Fish Commission, the Division of Forestry and the St. Johns River Water Management District for review and comment prior to implementation. It is the intent of the cRy to avoid any adverse impacts on listed species on the project site, however, should it occur, the city will immediately alert and coordinate with the U.S. Fish and Wildlife Service to minimize such impacts. Cost Estimates and Funding Sources The estimated costs of the improvements to the project site are based on similar work conducted in other city projects. The estimated costs are as follows: The 1;2 mile long trail and boardwalk system $40,000 The fishing dock and observation structure $20,000 The restroom facility $30,000 The parking area $15,000 The canoe launching facility $5,000 Total estimated cost $110.000 All development and maintenance costs will be bom by the City of Atlantic Beach. Strong efforts wi!I be made to acquire grant funding from various agencies to off- set the financial impact on the city. Funding has already been approved through the Florida Inland Navigation District to reimburse the city half of the costs of the design and permitting of the proposed improvements on the project sfte. -5- Natural Resource Protectlon: The protection of the protect sttes natural resources will be accomplished by conducting a baseline survey of the site to identity listed plant and animal species, and locating sensttive habttat areas. Once identified, these species and habitats will be avoided during the instnlletion of the trails and boardwalks. The project site will be regularly monitored, on an annual basis, to determine if any adverse impacts have occurred to the listed species or the sensttNe habtat areas identified during the initial survey. Corrective actions such as closing of trails and restoration work will be undertaken immediately upon any finding of adverse impact. Limiting direct access to the general public to designated trails and boardwalks wilt contribute to the preservation of the existing habitats and species. Such limited access also contributes to the restoration of impacted sites by allowing the areas to be isolated as necessary. Hydrology and stormwater quality at the project sfte will be monttored on an annual basis as part of the city's existing stormwater management program. The e>osting stomiweter infrastructure drains away from the project site to a retention pond system. This protects the sRe from Intrusion of contaminated roadway runoff and to maintain this protection the sfte amenities will make use of natural materials. AI: sur.-e`; ~nforrnatio(; on !(sled p!a,~t and a^:^.;al species as 1•:e!! as sensit(~:e habitat locations on the site will be forwarded to the Florida Natural Areas Inventory to be included in that data base. Resource Restoration and Enhancement: Based upon the findings of the baseline survey of listed plant and animal species on the project sfte, limtted habitat restoration may be undertaken. Due in large part to the sites undeveloped condition and relative isolation, we do not expect to identify large areas in need of restoration. Because the e,~.~sioneC trail system wit! include a self guided interpretive course through the project sfte identifying plant and animal life inhabtting the vanetl habttat areas, tt is the Intent of the ctty to direct the interest generated by this information into the enhancement of the sfte. As identified under the maintenance section above, the participation of youth groups in maintenance activities is seen by staff as both an educational tool, in introducing them to the natural errvironment, and as an ernironment enhancement tool by the removal of trash and debris from the sde. The activities of such groups can be combined with restoration or enhancement projects to provide area youth with a well supervised hands-on teaming activity. Professionals in the appropriate fields will be used for any work directly impacting listed species. Arehaeoloylcal and Hlstorle Resource Protectlon: No Archaeological or historic sites have been identfied on the project sfte. Any evidence of such sttes obtained during the surveys and inspections of the site wilt be submitted immediately to the Division of Historical Resources of the Florida Department of State and action will be taken to leave all such sites undisturbed until professional -4- Any site alterations or other physical improvements to the site different than those identified herein or in addttion to those identified herein will be submitted to the Florida Commwtities Trust for review and approval prior to implementation. KEY MANAGEMENT ACTIVITIES Maintenance; Primary maintenance activity will Include trash removal and stte cleanup on a daffy basis. The proposed restroom facility will also require daffy attention to maintain it in a clean and healthy condttion. More intensive maintenance and repair of the facildies and boardwalk structures will be necessary on a semFannual or annual basis depending upon the findings of regular inspections. Low maintenance, durable natural materials are preferred for the construction of the boardwalk, canoe launch dock, and restroom structure. Peripheral items such as benches, picnic tables and information kiosks may be more appropriatey constructed of recycled plastic materials. City staff believes that the life expectancy of this material exceeds natural materials in wet environments such as that found on the subject site near the marsh. Due, in part to Atlantic Beaches high residential recycling rate, the city has received grants for the purchase of such dems and expects to be eligible for additional grants on a continuing basis. To further enhance both trio physical condition of the project site and the interactive learning experience of local residents, and especialy local youth, the Parks and Recreation Department envisions youth day tours of the site which will include limited trash removal work to reinforce to the youth participants the importance of respecting and protecting the environment. These activities will be restricted to the less sensitive environments of the upland portion of the site. A number of local volunteers trained in forestry, recreation, and parks management are available to assist the full time departmental staff in the implementation of these activities. Security: Security of [he project site Will be provided by a six toot wood or chainlink fence around the upland periphery of the sde, by regular day time patrols by the parks department, and by regular nigh patrols by the police department. The park will be closed after dark except for pre-arranged events. During the day tt is not anticipated that an on-site manager will be necessary, although tt Is the desire of the city to recrud volunteers to provide information to park users. The local telephone service provider will be approached to install at least one pay telephone at the proposed restroom facility. Staffing: Based upon the conservation and passive recreation character of the park the demands on city staff will be manageable at the city's current staffing level. It is anticipated that regular cleanup and associated maintenance will be programed into the existing city wide parks maintenance program. In addttion to full time staff, volunteers will be recruited to assist in the provision of information to park patrons as well as to assist in the maintenance of the park. -3- Physical Improvements to the subject property will be limited to the construction of a public restroom building, pedestrian trails, boardwalks, a vehicle parking area and fencing. Although a final design has not been completed, the extent and approximate placement of most physical improvements is known to the city. It is the intent of the city to protect the more pristine areas of the site by careful placement of boardwalks and trails, the sling of vehicular use areas and buildings close to the existing street frontage, and the installation of protective fencing along the upland boundaries of the subject property. Because of the sites remote location from other public facilities, the city proposes to construct a public restroom to be available to the patrons of the park. This building will be sized to accommodate the expected patronage and lt, along wi!h the majority of the trail system will comply with the Americans with Disabillties Act accessibility standards. The building will be sited as close as practical to the existing street frontage of the property and will be adjoining the parking area. The parking area will be delineated by landscaping timbers and surtaced wtth a pervious material such as pine straw, mulch or recycled roofing shingle strips. Limlted stormwater management facilities may be necessary to assure a safe surtace for both vehicles end pedesirialis. ooardwaiks aild trails viii feaiui@ fences or rails to restrict patrons to the trail system to protect the patrons as well as the natural communities lying adjacent to the trails. A final amenrfy proposed to be constructed in the park will be a canoe launching dock or ramp which will be constructed adjacent to the shallow canal which courses through the site. This canal follows a circuitous course through the marsh which adjoins the subject property and eventually connects to the Intracoastal Waterway, providing an extended and scenic canoe trail. Access to the site is to be provided directy off of an existing paved public road known as Begnni3 $trget, All access to the sit? will comply with all appli~ahrn state and federal standards, including the Americans wlth Disabilities Act. Pedestrian access will be provided both directly from the Begonia Street frorrtage as well as from within the designated parking area. The number of required parking spaces will be determined during the final design phase of the project, however, the city currently estimates that twenty (20) spaces will be the maximum necessary. This will account for ony approximately two percent (2%) of the total seven acre site. Bicycle racks will be provided and the adjoining residential road net is conducive to bicycling to and from this site. The only anticipated easemsnts across this site are to be granted to Jacksonville Electric Authority, the regional electrical utility. There are electrical transmission lines curently located in a platted, but, unimproved street right-of--way which crosses the site. The none of the conceptual improvements are effected by the lines, which are anticipated to remain in place. -2- minimizing adverse impacts on the largely pristine environment. Parking will be provided ony near the existing street frontage. A low impact design will be used for the parking and the use of impervious surtacing material will be minimal. The proximity of the property to the Intracoastal waterway and its associated marsh and tidal estuaries, make d a prime habitat for fish, birds and other aquatic wildlife. The area also contains a wide range of aquatic and wetland plant species. The proposed walkways and observation platforms will be sited to maximize public exposure to the unique environments and will be constructed to facilttate the inclusion of a self directed interpretive teaming program in the form of informational plaques placed at appropriate locations along its course- Periodic educational programs will be scheduled to introduce the public to various environmental issues and concepts relating to the site. Active recreation uses will be limited to a canoe launching site and a fishing dock. MANAGEMENT Management and maintenance of the property will be provides by the City of Atlantic Beach Recreation Department. Because of the relative small size of the property and tts intended use as a nature park and preservation area, the demand on current City staff can be met at present budgetary levels. i he prniary ioiig term financial concerti of the city will be maintenance of walkways and observation structures which, although be constructed of natural resilient materials, will require constant upkeep. Addttions to personnel may be necessary for the presentation of the periodic educational seminars and, in the future, if levels of use increase dramatically. The current Comprehensive land Use and Zoning designation of the property is 'General Commercial' and 'Residential Duplex'. The City will begin the process of rezoning the subject lands to 'Open Rural', which is the City of Atlantic Beach zoning designation for conservation lands. Ar. amendment to the adopted Comprehensive Plan redesignating the property 'Conservation' will immediatey follow the adoption of the zoning district amendment. The property was acquired with funds raised by a property tax increase. The Preservation 2000 grant will be applied to the purchase cost of the land, thereby freeing up 50% of the original funds which maybe applied as matching funds for a Florida Inland Navigation District grant to construct the necessary improvements. The costs of continued maintenance will be incorporated into the annual operating budget of the City as a part of its ongoing commitment to the protection of tts natural resources. The site will be identified by appropriate signs at or near the entrance. The signs will carry the name of the park, the names of the funding agencies, including the FCT, the City of Atlantic Beach, the City of Jacksonville and the Florida Inland Navigation District. The signs will also identity the park as publicly owned and open to the public as a natural resource conservation area. SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS -r- MANAGEMENT PLAN TRESCA INTRACOASTAL WATERWAY PARK PROJECT #95-051-P56 INTRODUCTION. The Tresca Intrecoastal Waterway Park property is appro>omately seven (7) acres of upland and marsh bordering the Intracoastal Waterway. The site has direct access from Atlantic Boulevard as well as a secondary residential street known as West 1st Street. The e>dsting property contains no improvements except overhead electrtcal transmission lines and a partlaly cleared unimproved road right-of--way. The proximity of the property to the Intracoastal waterway and its associated marshes and tidal estuaries, make tt a prime habitat for fish, birds and other aquatic wildlrfe. The area also contains a wide range of aquatic and wetland plant species as well as grassy scrub, pine 1latwood and oak hammock communities. PURPOSE. The City Commission has identified acquisition of park, recreation and preservation lands as a high priority for the City of Atlantic Beach. The goal of the Commission is to provide a greater acreage for recreation and preservation uses for the cttizens than is required by the adopted Comprehensive Plan in recognttlon of the expected population growth in the area and the already limited availabiNty of undeveloped parcels. Available land appropriate for conservation use must be acquired now or they may be developed and become unavailable later when the demand for such land will be greater. The property In question was Identified as available early in 1994 and the City move Immediately to purchase it. The purchase was funded by a special tax and was completed November 21, 1994. Due to the close spatial relationship between the City of Atlantic Beach, the City of Neptune Beach, and the City of Jacksornitte, the demand for recreation and preservation lands transcends municipal boundaries. The bcatbn of the subject property easily lends itself to use by residerrts from neighboring communities where similar land uses are not available wtthin a reasonable prozimtty. In recognttlon of the area wide need and in the spklt of cooperation, the City of Atlantic Beach and the City of Jacksomritle shared resources and staff time in the preparation of the Preservation 2000 grant appgcation. INTENDED USE. The prtncipal objective in the acquisition and management of this property is to provide a conservation and preservation park wtth a series of walk paths, boardwalks and observation stations designed to allow public access while AGENDA ITEM: Approval of Management Plan for Tresca Park SUBMITTED BY: George Worley II, Community Development Director ~ ~ t DATE: March 20, 1996 BACKGROUND: Attached is the proposed Management Plan for the Intracoastal Waterway Park to be located on the Tresca property. This management plan is a required step in the process to obtain the Preservation 2000 grant fiords which the City was awarded by the Florida Communities Trust. This plan is intended to provide the framework by which the city designs the actual amenities to be placed in the new park. This document limits the city's options in that design and in the subsequent construction phase to activities and facilities which comply wdh and further the purposes of the Preservation 2000 program. In broad terms that program is intended to assist local governments in the acquisition of environmentally sensitive lands for conservation and passive recreation uses. Commitments are made in this document to construct certain types of amenities in the park. No specific design crderia are imposed upon the city as bng as the resulting amenities comply with the intent of this document. Please note the list of amenities on page 6 along wlth their estimated costs. This management plan, the proposed amenities, and the established time frames are all subject to amendment by mutual agreement of the City of Atlantic Beach and the Florida Communities Trust. RECOMMENDATION: Approval of the Management Plan and authorization for staff to forward lt to the Florida Communities Trust. ATTACHMENTS: 1) Proposed Management Plan REVIEWED BY CITY MANAGER: AGENDA ITEM NO. 3 ~kit~* /t ~ 7r * /l SIGNS OF ~1,LL KINDS 8679 W. Beuru Srrgr ,)<,c4sonv~lle, flu 3]270 (9(ld) 7tl1.59(q ,~. ORDER .WORK SHEET ESTIMAT[w CUSTOMER ORDER NO _. 1'~1="(' .- -- ------ ---~......._......_._.AOATE~..-_, $OlD TO At1mu_ir~trarh (i}y t;nl t STREET OROEREO BY Jnck 1;;tl,l,^i" TERMS __.._._____ a QUANTITY a . ~ --- -'------._ CITY„- la fl. /1 /'~./ rl f /n ~ i ___.....-'---------_'------ -.JK _ .._._. NO.--.- -- -----_ - _ _ STATE _, _--_ _ -~-TELEPHONE NO 14]-5R7/' _ __ Inx Zd)-5A/,7 ~Ad /uncrica vtll l:,hrirnrr .inJ inclBll one dm+hlc f:, t•~~ i'rd wood }a +;P. F%, urlbj;,p (+!rl :+pd poi nrrtl cu~tt+m rolnra. lu,:rnllr•d nn ~!}:n wilj 1•r A1,J1n (tnlm fr~mrc 7/,° \ %' with wbitr p]cxi fpm tr:}rkPd to hold J 7jnex nl rnPY 7" bit:h. Y.aah :i!•n wi I I hour bi nl;ed loxnn cl ('a t' c( c vi th locks nn bottom. l(111 .LrtlcTS 7" Uil,h will br frlruishml wt eh tb.• r;i}a . TOTAL ^^I:+x,if any, nor Ini'l, ..__~~ _ ORDER RECEIVED: DATE____.._.-_.-__ gY ___ ~~-_~R~ ~~~~ 4(~(~• 555 Ooliwood Av0. Jacksonville, Florida 32204 (904) 355-9975 • Fax 355-0083 CITY OF AT[Jt11T1C DI1rCi{ 1200 Sandpiper Lane Atlantic Beach, Florida 3?233-4381 ,lack Baldwin ARROVFD 0Y TrE THE 8ET 1-17-.96 2'x7' Double Faccd Non illuminated sign cabinet with flat acrylic white faces and changeable cope tracts mounted nn 30"x170" redwood sandblasted sign - l,uodgr:n:: Look only. Dorder rainted gray to match existi_n^ sign. - 2 boxes letters S1,S55.0^, Lucked Lexan cover for double Faced sign add 778. C4 TOTAL INSTALLED PRICF. $2,333.04 ***PRICF DOES NOT INCLLR)E PERPIITS OR SALT;$ T:.Y n aVN!}rq ANp Oe 8RFI /EJWT l! WCIUDEO 6 AtRARU~E G CONNEOTgN 106E FUIW 61ED 7Y 6N'FPte EIEO iWOWt 717x1r1 AIOINSTAyJJ,T1pN 106E W ,Y.YOfIpI,Nfy MTN All O~ rv AND lE8lOn 7pN CWTEIYA A•'AMFl1G1BlF ORPNANLFB. O tl i lF1U{UAl DIOOW OOr1pIgNe 4.w.~ lFOOE. ROp1.8iUCS.0A6. FIFOIgiC, FNDNE •NOPi SM'FR : WFf. HAR0IAN WA UYETNS. ETCJ A11f ENCO{MTI nfOW01101MlQTA({Ai1C11. nnS DONrnACT~S eWpMO: NOWEYER I,N TER OR aAND UBDR,7lAGOMT1UCi UaOe AMDAM7FRwa,MU ec Ab0F0lO MA80vE rrvCF. ADPTgHLL DDli a1lED ONOW n F NFFOEO, aVTFA 17 TO nFrallllEELEiI M1N AODREBd, SOn'ET8 AND ROl FUN/ SNDWNq ESALT tOCJTKIN OF 6x6+. q THa •~DF'OfAI SMY ~ MTHORAWN F NDTADOV n0 MTWN MRTY 06y Fi1011 M 6a01'E MTF. ~ usrEo SO% DEPOSIT OF S BAWNCE OF S AT TIME OF COMPLETION. n Payment is not made wvh!n 10 days o1 completion, interest on unpaid balance will bo charged at the rate oft 1/276 par month. '" ~"~'~e~ ~µ. ~~aDE„^E„a ~, NEON ART & SIGNS I T1tt yp•E anEOfGiTVY(• ~IypW,y ElflVl ~~ w...E EIGCYiEy D.., u.o.! NC. n~o.6nn3r'raaAlniMOii.oc u"".nl wow T" ~'~ ~apD;+~ ~ ~! aV[aM AUTHORIZED 0 NT a! rrrt aFll(R Dn il•• ADR66eElm OM ACCOIIrr 0 ay W 61GO1 r•AxX R~l~6n sN,ulsE ExmttoroeEmvFNtNr•Eqr7o*WCNaur<newanoAUIUEONYIE.nE>rr~E a bIGNATURE: EEZ7Atocaxrm.i. i,.swrrMCTSUU.rrITTOAroawoTlcn6.uareur6wa~r rt Angela Thom pson ACCEPTANCE OF PROPOSAL: rt,. cwa plow. n w mn~r '^ .xKwpr .m N Irrtr mDla rob an auunAnp a eo sr .,onc .. •F.dn.e S H3NATURE: _ hyrr,eM M a.r.dE 67 OYIEnp aepv DATE OF ACCEPTANCE: __ _ 61GNATURE: PROPOSAL AND ACCEPTANCE 247-;843 la Tho The Studios Of / / CRE•A•TIVE EN•VI •R ONS, INC. Signage Mural Sculpfure Therning • Scenic Art BILL TO: City of Atlantic Beach Atlantic Beach, FL 32233 Attn: Jack Baldwin DATE INVOICE # vv96 s 1 DESCRIPTION AMOUNT 50% deposit on sandblasted sign per proposal date 2 Feb. 96 1,031.50 Sales Tax 0.00 Thank you for your business. TOTAL 51,031.50 I'. O. Box 877 • Pontr Vedra Bearil, Florida 31004-0877 • Phonr (904) 146-3777 • FAX !9041 147-OO.i2 The Studios Oj CRE•A•TIVE EN•VI•RONS, INC. Signage Mural Sculyture Theming Scenic Art 2 February 96 A'~=CF-/t~ E City of Atlantic Beach /Public Works I ~ ~ ~ c' ;l~v Atlantic Beach, FL 32233 - Attn: JaGc Baldwin " ' •"~~ Scoce of Services Furnish and install 1 each double faced reader board sign under existing sandblasted sign as follows: • Reader Board assembly to consist of 3/16" white plexiglass for background, clear tracks, 1 /4" clear plexiglass with locks and hinges for access doors both sides. Cabinet construction out of aluminum with plexiglass face with locks. • Panel to match existing sand blasted sign fabricated of Gear all heart redwood. Panel size 24" x 120°. • Base price includes 1 set of 6" changeable letters. Painted as direGed by owner. All installation complete. • Terms: 50°k deposit balance due upon completion Total Price Please call if any further information is needed. Sincerely, ~ John ~. Oldham Approved by JRO/kpj $2063.00 I'. O. Bax 877 • Ponne Vedra Bearh, Florida .11004-08 7 7 • Phone (9041 246-3777 • FAX (904) 247.0032 ITY Of ~aK~ is ~ear~ - ~ra~tda. March 18, 199G !3W J~~IIf+ULE w2A2, A n.A~ rIC BEAQI. FWa1W J22lJ _445 '1 F.I,M]'l1U\E (90i) ~}t800 4;1X 1'NMI 24}5805 To: The Ilonornble Mayor & City Commissioners From: Carl wallter, UeauLificaLion Coordinator Ite: UeauLific2aLion CommiLl.ee recommendations for benches, trash receptacles, and "reader board" sign AL Lhe March 13 regular meeting of the Ueaul.ification Commit- tee, Lhe members di :cussed and Look action un Lhe proposed purchase of park benches, trash receptacles and ciCy reader board. The Committee has asked that I advise you of the results. * llenches - A sample of Lhe beucl2 proposed for pur- ctlase was available for the committee's inspection. The members voted to recom- mend purchase of Lhis Lype of bench for use in Lhe barks and street end accesses. Urowu was Lbe color recommended. 'trash Iteceptncles - 1'he committee also recommended purchase of I,he 32 gallon trash recep- tacles of recycled plastic. Again, brown was Llle color choice. Reader hoard - After discussion, the committee re- commended purchase of the board specified in Lhe bid submitted by Creative Environs, Inc. On the above actions, motions were properly made, seconded and passed unanimously. In each case, Lhe committee stressed I.IIe need for ul)iforlniLy and for a standard to be adopted for fu Lure such purchases. cpy: J. R. Jarboe, City Manager 596-8 - SUH„ITT~L: SUBURBAN WASTE b RECYCLING SYSTEMS BIDDE- (1""~--- 8 JAMES R. LOEFFLER ~. -- P.O. BOX 15 '~ ~ BUSINESS ADDRESS ~ I PATV Harborcreek pA 16421 CITY, STATE 6 2IP CODE GENERAL MANAGER TITLE DATE:_2/27/96 800-899-7856 BUSINESS TELEPHONE -- February 7, 1996 BID BPECIPICATIONB BENCHES, TRASH RECEPTACLI':S AND RECYCLING BINS 1• BFNCHRO~ 8anches to b• 6' !n length with high-beck and made of 1001 recycled plastic with permanent mounting kit, if needed. S'Year protection agatnat breakage and SO year warranty against rot, termite damaq• and aorroaion. Approximately 30 benches. Color Oray or Brown. 2. UNIT PRICE PER BENCH. r~ic~eptacle~made-of1100~traah recycled plastic with permanent mounting kit. S-year protection against breakage and SO year warranty against rot, termite damaq• and corrosion. Ilppro~imately 2{ receptacles, UNIT PRICE PER RECEPTACLE....,,,,, 3• ~LItiQ alrei Bina are to be made of 100• recycled plastio with City of Atlantic Heach logo on side. 1{-gallon sis• is reQUired in tan color. Approximately 1000 - 1500 bins. $ 129.50 rice does not include freight. UNIT PRICE PER BIN ............... _ Pricing for recycling bins includes mar.imum recyc ledscontent of 502, all manufacturing, markings, and delivery charges. 6Ft. Bench - $262,50 each SFt. Bench - $212.50 each Above price does not include freight. Freight quote available upon request. .....................5_ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 32 GALLON TRASH RECEPTACLES SUBMITTED BY: ROBERT S. KOSOY/DIRECTOR OF PUBLIC WORKS ~~ DATH: MARCH 4, 1996 BACKGROUND: THE BID OPENING FOR THE PURCHASE OF 32 GALLON TRASH RECEPTACLES WA3 HELD AT 2:00 PM ON 2/29/96. THESE RECEPTACLES WILL BE PLACED IN PARRS AND AT BEACH ACCESSES. THESE RECEPTACLES WILL BE MADE OF 100$ RECYCLED PLASTIC WITH PERMANENT MOUNTING KITS. THEY WILL HAVE A 5 YEAR PROTECTION PLAN AGAINST BREAKAGE AND A 50 YEAR WARRANTY AGAINST ROTTING, TERMITE DAMAGE AND CORROSION. WE WILL SE ORDERING 29 RECEPTACLES. THE FOLLOWING IS A LIST OF BIDDERS AND THEIR QUOTES, WHICH HAVE MET THE SPECIFICATIONS. PLASTIC RECYCLIRG - $144.20 = 18.00 SHIPPING = $162.20 EA. % 29 = $4,703.80 GOLF VENTURE - $216.00 INCLUDES SHIPPING = $216.00 EA. % 29 = $6,264.00 SUBURBAN WASTE - $129.50 = 12.50 SHIPPING = $142.00 % 29 = $4,118.00 RECOMMENDATION: AWARD BID TO SUBURBAN WASTE AS THEY ARE THE LOWEST BIDDER. WE WILL USE THE RECYCLING GRANT MONIES FROM THE CITY OF JACASONVILLE. ATTACHMENTS: SID SPECIFICATIONS AND SID FROM SUBURBAN WASTE REVIEWED BY CITY MANAGER: ~~ YZ~c,-y; ~rt AGENDA IT01 NO. r~ ~ ~-~' "i \ ~~c(ITJq ~~dcltlf I~UlI1~tdJlll ~t'~lu f .r.; .~~~th :~!~~~~~' ~:'l,fi :'~ ~ St ,'. CURBSIDE RECYCLE CONTAINERS I o~.la:~;~~1~~•.. (.;, ~~~)r~:~s f !~f 7r,~~ :;~,~ ~~ SINGLE BIN SYSTEMS 14 GALLON BIN DIMENSIONS DESIGN F LENGTH WIDTH HEIGHT f •'~~nor 71 i5' 1c..0U'~ 300" top t,ottoni Capaaty 14 0 gallons vJeignt. n o irs Nesting ratios 6 S to 1 Min wall thickness 100 n~~ds side 7 10 null hn(!r:; ; ACCESSO RIES EATURES '. Chou:~• ut br,~ndin~l ::.~ ,_~, to: Ingo; ;:n:1 reryrlmq i;lnr„u15 ' I au;,~ sturdy h;uidl~~t; tr; ~~:: c.• carn~~~: ; ;;~ cur!. (i. ^.~r~r.~~r; h;: r,l Tonal d:.ri,1~.. lip., ~~..~,rd t~otfunr fri r~~r~':un L~;uu;~ four riu~.r~r drain hcL•~. ui huRorn i.r'5 to r...•r;~r~• pla`.I r, i;ro~ <.'ry h[_r~. Goss-star: F.eble for multi Lu; sysVrms NI S7F U HINS F UR SHIPPING _ 1 STACKING CONFIGURATION BID N0. 9596-8 - BENCHES/TRASH RECEPTACLES/RECYCLING BINS SUBNITTAI.: ~~~°i~ ~/1G,'fiC BIDDER BUSINESS ADDRESS SI 1 CITY, STATE 6 ZIP CO TITLE DATE:T/b/~`j ~'~yi 9ti~3 BUSINESS TELEPHONE February 7, 1996 BID SPECIFICATIONS BENCHES, TRASH RECEPTACLES AND RECYCLING BINS 1. BENCHES: Benches to be 6' in length with high-back and made of 100$ recycled plastic with permanent mounting kit, if needed. 5-year protection against breakage and SO year warranty against rot, termite damage and corrosion. Approximately 30 benches. Color Gray or Brown. UNIT PRICE PER BENCH .......................$ ~_ 2. T SH RECEPTACLES: 32-Gallon trash receptacles to be made of 100$ recycled plastic with permanent mounting kit. 5-year protection against breakage and SO year warranty against rot, termite damage and corrosion. Approximately 24 receptacles. UNIT PRICE PER RECEPTACLE ..................$ NA 3. RECYCLING BINS: Bins are to be made of 100$ recycled plastic with City of Atlantic Beach logo on side. 14-gallon size is required in tan color. Approximately 1000 - 1500 bins. UNIT PRICE PER SIN .........................$ y y~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: RECYCLING BINS SUBMITTED BY: ROBERT S. KOSOY/DIRECTOR OF PUBLIC WORKS ~'~ DATE: MARCH 4, 1996 BACKGROUND: THE BID OPENING FOR THE PURCHASE OF 14 GALLON RECYCLING BINS WAS HELD AT 2:00 PM ON 2/29/96. THESE TAN BINS WILL 8E FOR RESIDENTS USE AND WILL BE MADE WITH RECYCLED PLASTICS AND HAVE THE CITY LOGO ON THE SIDE. WE WILL BE ORDERING 1,497 BINS. WE HAVE HAD TO DELETE PART OF THE SPECIFICATION REQUIRING THE BINS TO BE MADE OF 100$ RECYCLED PLASTIC AS NONE OF THE BIDDERS COULD MEET THIS REQUIREMENT. THE FOLLOWING IS A LIST OF BIDDERS AND THEIR QUOTES, WHICH HAVE MET THE SPECIFICATIONS. REHRIG PACIFIC, INC. - $4.45 EA. INCLUDES SHIPPING TOTAL = $6,661.65 SOOTSEAST WASTE SYSTEMS - $4.50 EA. INCLUDES SHIPPING TOTAL = $6,736.50 SUBURBAN WASTE - $5.25 EA. INCLUDES SBIPPING TOTAL = S7,859.25 RECOMMENDATION: AWARD BID TO REHRIG PACIFIC, INC AS THEY ARE THE LOWEST BIDDER. WE WILL USE THE RECYCLING GRANT MONIES FROM THE CITY OF JACKSONVYLLE. ATTACHMENTS: BID SPECIFICATIONS AND BID FROM RERRIG PACIFIC, INC. REVIEWED BY CITY MANAGER: C_ -~ AGENDA ITEM NO. ~ ~- PARK BENCH SPECIFICATIONS Physical Dimensions of Hi-Back Bench' 4-foot b-foot 2"x 4" profiles (b)-4' (b)-b' bench legs (2) (3) 4" carriage bolts (b) (9) 4 1 /2" carriage bolt s (b) (9) 5/ 16" :vashers (18) (i 8) 5/ 16" flange nut (18) (18) 2' carriage bolts (6) steel bracket (1) We-~ Hi-Back 11016s. 16516s. Physical Dimensions of Flat Bench' 4-foot 6-foot 4" x 4" profiles (4)-4' (4)-6' bench legs (2) (3) 6 1 /2" carriage bolts (8) (12) 5/16" washers (8) (12) 5/16" flange nut (8) (12) Weight Surface Mount 1 10 lbs. 165 lbs. "T" Stake Mount 125 lbs. 190 lbs. Additional Information Colors" -Brown or Gray ~o vd- I{ d' P~d~k, "M- Berch Erd z.:/<- 3 3/a- Composition: The finished product is manufactured from a minimum of 96% (by weight) commin- gled, post-consumer and/ar post-industrial recycled piastic including, but nit limited to the following: ABS, Acetal, EVA, HDPE, LDPE, HOPE, Nylon, PET, Polyester or LCP, PP, PS. To obtain color, UV stability and other desirable prop- erties in the product, various addifives must be incorpo- rated into the plastic; these items amount to a maximum Rural Route 3, Box 182 a( 4% of the finished product. Highway 20 and 65 North Iowa Falls, Iowa 50126 515-648-5073 'l~liow for mold shnn4aye FAX 515-648-5074 ' SLyM color diHeren<es mny occur m produUion .~aienols due W :onanons in u-cycled sowcc malcriol Building The Best, While Protecting The Environment ~1/ ~. Pins,~~ ~~%dcd ~~~!ae ~~ o the 5 S~tt~n9 \ E~~ir 'mil ~ of °~r ~ 1 ; • ra ~. -- --~ - ~ _~ v ~ -- - ~- _ r :- NAtJ~~`~~ S~1C G REGY rvL1~ ~ .~' ,+ /K;.' ,.; - ~ ~ ~: - __ . _ ~~ ~ f. ~ , ~`~°~ 1 ~~ ~ a+ _,m ^ ~ ~, t y... C n~g1c~ .l'~ CU ~ ' Ad ~lr - l rv ' i Ua ~tu~j.. _°p~.. '... P~~ •",n ~ v~ ` ~y~te~.. t o"~~ ~ n ~c At' ~~~ ~ ~ fcO~o~o c ~ thon`11n+;„o,.°5'Sp„d9°~~;^o+~ ng t~ _~ 'oUSCho ;Q J arty ant <o`~, n \c ~c ~ ,~ a ,,,,a, n~~~d, , ~n` b of ~o .,. as;ty ooP •. )p'up' ~ • t 1 ~ . .. ~t t 1• ~a February 7, 1996 BID SPECIFICATIONS BENCHES, TRASH RECEPTACLES AND RECYCLING BINS 1. BENCHES: Benches to be 6' in length with high-back and made of 100$ recycled plastic with permanent mounting kit, if needed. 5-year protection against breakage and 50 year warranty against rot, termite damage and corrosion. BENCH 5155.00 Approximately 30 benches. PERM. Color Gray or Brown. MT KIT 17.00 UNIT PRICE PER BENCH .......................$ TOTAL 5172.00 2. TRASH RECEPTACLES: 32-Gallon trash receptacles to be made of 100$ recycled plastic with permanent mounting kit. 5-year protection against breakage and SO year warranty against rot, termite damage and corrosion. 3 Approximately 24 receptacles. UNIT PRICE PER RECEPTACLE ............. RECYCLING BINS: Bins are to be made of 100$ recycled plastic with City of Atlantic Beach logo on aide. 14-gallon size is required in tan color. Approximately 1000 - 1500 bins. TRASH RECEP. 5120.00 ,,,,$ KIT 24.20 TOTAL 144.20 UNIT PRICE PER BIN .........................$ N/A CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 6 FT. HIGH BACK BENCHES SUBMITTED BY: ROBERT S. KOSOY/DIRECTOR OF PUBLIC WORKS ¢' DATE: MARCH 9, 1996 BACKGROUND: THE BID OPENING FOR THE 6 FT. HIGH BACK BENCHES WAS HELD AT 2:00 PM ON 2/29/96. WE WILL SE ORDERING 30 BENCHES TO BE PLACED IN PARRS AND AT BEACH ACCESSES. THE BENCHES WILL BE 6 FT. IN LENGTH WITH HIGH BACKS AND MADE OF 100$ RECYCLED PLASTIC WITH PERMANENT MOUNT BITS. THEY WILL OFFER 5 YEAR PROTECTION AGAINST BREAKAGE AND A 50 YEAR WARRANTY AGAINST ROT, TERMITE DAMAGE AND CORROSION. THE FOLLOWING IS A LIST OF BIDDERS AND THEIR QUOTES, WHICH HAVE MET THE SPECIFICATIONS. BTW INDUSTRIES - $179.00 + 15.00 SHIPPING = $194.00 EACH Y 30 = $5,820.00. PLASTICS RECYCLING - $172.00 + 19.00 SIPPING = $191.00 EACH Y 30 = $5,730.00. GOLF VENTURES - $255.00 + INCLUDES SHIPPING = $255.00 EACH Y 30 = $7,650.00. SUBURBAN WASTE - $262.50 t 10.00 3HIPPING = 5272.50 EACH Y 30 = $8,175.00. RECOMMENDATION: AWARD BID TO PLASTIC RECYCLING AS THEY ARE THE LOWEST BIDDER. WE WILL USE THE RECYCLING GRANT MONIES FROM THE CITY OF JACKSONVILLE. IITTACHMSNTS: BID SPECIFICATIONS AND BID FROM PLASTIC RECYCLING. REVIEWED BY CITY MANAGER: _ '7f'~~~WW fti ~-1 AGSSaA ITN! so.~_ W aEN~~ TG a~ R7 -~~ Coy-wr~ss~oU i~'ff:F7~~ ~~`"`1 CITY Up ATLANTIC NGACII l'1TY CUMMISSIUN MlilifiNG STAFF Klil'URT AGIiN UA: Authorize the purchase of benches, [rash receptacles, and recycling bins for Howell Park in accordance with the spec- ifications of Bid No. 9596-8 SUBh11'1'1'GU NY: Timmy Johnson, Recreation Director UA'1'li: March 19, 1996 IIAC'KI:IIUUNi): 1'he Public Works Department has received bids on purchasing [r:~sl~ receptacles and benches made of 1002 recycled plastic wi U, permanent mount kits for Howell Park. At the last Commission meeting staff vas asked to get a re- commendation from the Recreation Advisory Board as [o what color and type. ItIiCUMMLiNUAI'IUN: The Recreation Advisory Board recommends the use of recyclable benches in vet areas and areas of high use (Beach access b Novell Park). There were no recommendation as to the type of trash receptacles. A'1'1'ACIIMGNTS: ~ ~~~ IiGVIGWGU BY CITY MANAGEIIT^ {mil" i _. AGGNUA ITEM NU. ' CITY OF ATLANTIC BEACH Special Called Meeting 7:15 PM -March 26, 1996 AGENDA l . Authorize the purchase of benches, trash receptacles, and recycling bins for Howell Park in accordance with the specifications of Bid No. 9596-8, as follows: (1) 30 benches from Plastic Recycling at the bid price of $5,730.00 (2) 29 32-gallon trash receptacles from Suburban Waste at the bid price of $4,118.00 (3) 1,479 recycling bins from Rehig Pacific, Inc. At the bid price of $6,661.65 2. Authorize contract with Creative Environs, Inc., to furnish and install a double faced reader board sign on Seminole Road at Ciry Hall at a cost of $2,063.00 3. Approve the Management Plan for Tresca Pazk and authorize staff to forward same to the Florida Communities Trust 4. Adoption of Resolution No. 96-14: A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO IMPLEMENT BASIC REPAIRS AND UPGRADES TO JACK RUSSELL PARK, LIMITING SUCH EXPENDITURES TO $100,000.00 5 Adoption of Resolution No. 96-I5: A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ENDORSING THE ADOPTION AND SUBMISSION OF THE CGNCEPTUAL APPROVAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, THE CITY OF ATLANTIC BEACH AND THE FLORIDA COMMUNITIES TRUST FOR THE ACQUISITION OF DUTTON ISLAND AS A COUNTY PARK; AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY, AUTHORIZING STAFF TO NEGOTIATE THE LEVEL OF PARTICIPATION OF ATLANTIC BEACH 6. Discussion and related action on the proposed Atlantic Boulevard Beautification project 7. Authorize execution of Interlocal Agreement among the City of Atlantic Beach, City of Neptune Beach, City of Jacksom~ille and Town Center Agency, Inc. and approve funding for the Town Center Project in the amount of 525,000.00 form the 1996/97 FY budget 8. Mayor Fletcher with report relative to plans for parks system "9. Author¢e executiou of contract with Engh-nd, Thims and Miller for engineering services in couuectiou with stormwater, water, seller and paving project from First Street to Saturiba Drive Adjournment " Agenda was amended to add this item i~ ITEM ETM LU6p SUM EZM 110UftLY ALLOWANCE REAM111R- SABLE ALL0IRANCE TOTAL . PROJECT NC. ] -CONSTRUCTION DOCUMENTS 6.1 90x PLANS 62 60%PlANS 6a sox PUNS 10,90D 13,200 s7,ros 6A toox PUNS ta.672 6a sPECIPIULTIONS a &o DOCLRIENTS s.lao a.a LlfAfTY COORDINATgN ~ 7ao 6.7 FINAL PERMIrnNG 6,100 6.e BlowNC COORDINATION 6,soo No.3-Cons4uctlon Oocamwtts sao-rovt Cost - Iss,rn 1.737 I . GEOTEeHeneAL wvESnwnoN 7.1 ENGLAND, TWMS 8 MILLER, INC. COORDINATION 665 7a ELLIS 6 ASSOCIATES 7,500 I GIONCMJra/ h Aran Sa~Tobl cosy 1 MS I 7,500 a,9es . sssc.ELUNEOUs s.l coortDlNAna+wTHUTVOE.v.GasonvlLLE e.soo e.2 COORpNAT10N KITH PREP 3.000 ea PUBLICREUTIONS s.saot 700 6.1 TREE MITIGATION Pl/W 7.000 ? 6 5 WASTE WATER MASTER MAP 11,250: B.B PUBLIC MEETINGS I 5.216 ~ 6 7 AERIAL PHOTOGRAPH __ ___ _ I 3,000 F _ B-0 REPROWCTICNIPRINTING I ^ 10,000 t i 69 GENERAL EXPENSES ~ I 3500 ~ B.t00VERHEAD ALLOWANCE I I ?700 E ~ I Yisa60ane0us SubTObl Cost 21,750 11.716 20,900 59x66 I TOTAL PROJECT COST 669,21! 24.716 53600 Tq EXHIBIT E City oJAJlaeDC Beaek/EeglanQ 77iues dl Miller, Lee Mareh 1J, 7996 _. _ . _ -~ ITEM ETN LUMP SUM E7M MOI1ftLY ALLOWANCE REl/AHUR- SABLE ALLOWANCE TOTAL SURVEY 1.7 SURVEY-zoNE1 n.7u 12 SURVEY-20NE2 13,355 1.3 SlN2VEV-20NE3 22735 1.1 SURVEY-ZONEI 7,275 1.5 SURVEY-20NES 9,975 1.6 SURVEY -ZONE 6 ~ 355 sue-row caar 1r,e9o m,99o PROJECT NO. 1 . SAKFiSN WATER L111E . 27 FINAL DESIGNACONSTRUCTNki DOC. 2.1.1 50%PW/S tU.000 2.71 100%PlANS ~'~ ?1a sPECIFICwTIDNS a Iuo oDCUwENTS .,IOo 2z PERMIrnNG 1.100 f No. 1 Sub-Tow Cost 20.000 10.000 . PRDJECf N0.2 i 2 -DATA COLLECTION i PRELNNNARY DFSIGp ) 3.1 DATA COLLECTION 23.066 32 CH2M i11LL MTA TRANSFER ? 020 3.2.7 CN2M WLL RFJMBURSABLE 7,2(10 3 3 PRELIMINARY DESIGN 23.300 I Pro/ecf No. 1 E 3 -Dab Cdlec4on d PrN- Design Sub-Tow Cost 48,186; i 7,200 _ 55,386 i .~ i. ~1. PROJECT NO.2 d 3 • PERMITTING I ~_ 1.S SJRV9M0 PERMIT APPLICLTION I 1.1.1 VJET1Af/0 ANALYSIS NVIRONMENTAL SERVICES, INC) 2.500 I.t.2 WATERQWITTY SAMPLING (ENVIROWAEHTAL SERVI(-.ES. INC) 7.500 1.1.3 MITIGATION PLAN (ENVIRONMENTAL SERVICES, INCJ ~ 2,000 1.1 ~ PERMIT APPLICATION i ENGINEERING DOCUMENTATION 39.800 1.7.5 RESPONSE TO REQUESTS FOR ADDITIONAL INFORMATION I ENGUND. TRIMS d MILLER, INC. 8.000 _ ENVIROMENTAL SERVICES INC. i ~ 5.000 1 2 U 5 ARMY CORPS OF ENGINEERS DREDGE d FILL PERMIT 1 2 1 PERMIT APPLICATION b DOCUMENTATION ~ 2.600 ! i I a 2 2 RESPONSE TO REQUESTS FOR ADDITIONAL INFORMATION ~ i ENGLAND. 7NIMSd MILLER. INC 2000. ENVIROMENTAL SERVICES INC ___ _ __ t 000 . Project Na 2 E 3 Permitting Sub-TObI Cost 61,100 i _ 70,000: 18,0001 _ 70_.00 I 5. PROJECT N0.2-CONSTRUCTION I)O[IIYFMS _--_ -_ ____ __._.-_____ _ St 30%PtANS 5.2 60X PLANS 57 90%PLfWS __ 51 100'A PLANS _ _ 5.5 SPECIFICATIONS d BID OOCUME 56 UTILITY COORDINATION 5 7 FINAL PERMIrnNG -. 32 280. _. - _. ____-_.__.._ 7.800 _ -__. .7001 EXHIBIT E City ojAtlaN[ie Btad/Erlgland, 777i7n: k Milo, /nc Mareh Z!, /996 ~ v ~, ~ ,~ .a, u wb~ ~ ~a, x ~ ~{ ~ = a ~ r~ I ~~ .9 SZ ~ - ; ' .~ '-, ~~ _ Nm O ~ 2 ~~ -~ n `V'e. ~ _ >0 4+. O ~.ov,<~~ OC ~ y(yr.' aa D a D xDDD ~~ ® H ~ ~ O ~ ~ o+e~ ~Yo V~qe ~ ~~tw a . y,,,,.~ ~ ~ ~..m .o.i > r "" ~ ~ I i ~~ ~,,~ , cn R „~. ~ w.~ ~. b "'rod Wa°..c~ +•/i~°~. v.~`°' oM ~ =a.ie'° w~ `"eye cam. .o.t"" . v.m~ orw= ~ ~ wry' a ~ ~ ~ rm- R ~'~ n s r > _ ~~ 9`>>.~ ,~ ~, ~ ~ ~ i ~ Rr ~ j ~ F ~ c~ '^g q ~,~~ ~.°~ L g9 > ~~ ° N 5~ ~ a 6 0 ~ ~ 8 3z F ; 2 = ~ ~ ~~ =m z 8 r~. ~ ~ - J N E! tE . ~a ~ /~ 2 N P ~ ~-„ i € ,~, ~~~ _ r.so[~ t i ~I a I m ~~ ~~ o> '~. n ,~o e~~ J ~s n ~U~L- - - =.~°° _~, =~ ~~ e, oN ~ ~t ~, f ^ a~l~ ~ ~ n n 'N O ~ ~ ~ y,. w/'^ . so.. .' i~ a Ar r ~' 4.. 4 G re IIw QL a^ 2 ----~~ .. ' ZONE _ ~.`:_ ~~,~ r-.._ _ - g[ACM U1 M lTl L J ~ F-~-~ H °z bd r~ ~ 0 •~ d o _o z a ~z 1~ )J ' I ; ~~ mkt A { {~=~`Vf4 ~u 0 ~~ A An N IC OCEAN ~: a --~ 1 ~'•~, SEL VA L u. KSiDE ,~_ .._ l . V ~O AL a Ac i r" -- J -- ~; 1 -1 r_-----~ ~ ~~ II r- ~r m~l _I ~I I <.. t. ' ~l ~ __mJ ~-•- ''~ II --J .I-==J ~"" -._~~ -,r ii !! ~:_~ ~~ ~:: ~I ~I I I ~~.~. J ~.._- ~: i __-J ~-_" -- ---" EXHIBIT C (PROJECT NO. 3) City ojAl/axtic Brach/ ETM March 17, 7996 Pagc I of I .. V II m rFa cincll Z Q W U O U Z Q F- Q Z U Q 4] m i~ _~___ 1 "~ (~-- ~~ ~,~ RC . ~-~~ ~ 1 A $ v ~ osrRrr LVA LAKES N 1~uJ 1~~y¢ ~, / Y, \Y Y ~~/// -r __ -~ •~ -"~1 river ----,-= -~~ ~ r r-_ ~ ~ ~~_ ~~.~A ? 'o. \•-\~~ S ~v /Q~/ I ~v: / /' ~~ /- __ i ~(f -. ~.RrrT Z U W m ------=-, r~ ' 1 -~ ~1 a `_J L--- - I _ , _TM ~, -_ 1 r--- ii ~~ ~ i R . ~~-.--- __STM ~~ __-- -~r - _- - --- ~~ j ~ c ~: -~T i• ~ •~ ~-•~%< nSALTAIR \ •~----_-_~ -sm~I-_- =-`_I~- ~I yr / ~ ---/~ / + ' / yy' / N • /- =• /\„ ' ~, ~/ i „/i 1a~ 115 ~: / ~ _~•°•,/~ > ~ .-JLu~ ¢// =E// amRUwr svcai .,J~-._._ r+o SiRCt? ..---~~- ~~•; __ j dr ~ ~ ~ / ~ ~ i ~-----.--------_.- ~ r--~ i ,r i .: .1 -- - ~-- ~------- ---~ ~-----------~ ~--- Win. ---------------------------------------------- ~---- 1 S U Q W CI1 .._--- ----~ 1------~ f------~ ; ---r-- EXHIBfT B (PROJECT N0.2) Gry ojAdaw6c Bead/ETM Mardi 2l, 1996 Q Page ~ ojl ,, ATLANTIC BEACH S °~ _. DONN.RS S/D ' ~--J i= l~n= ~ "15~ ,~ ~L ~ i i .` II .am«w.~r R,.c ~I I r~ ~ . -1-!I l ! SELVA 1~__=~,:~ ~ ,,,as,,, ,rou j j LINKSIDE o „. _ a j 'UUS•& ~! ~i i ~1~ ~ ~~ ~ .riot°t~ ii.~ ~' j~ ~l? a J V ~ J ~' g, ',/L/~///agq'~ llJ / ~iT± s,tm OMB M ~~a/cl sLLV~ J~ coo ~-~ ~Z~1~,~; ~~~~~• ~n.wIX W ~ 0 Y ~~ °;\ ~L~.~~ 3 i . SEL VA LAKE os~r _ : "~ W rcix^.w Kcr ;~ _ ~ n v '. N KCY -~!'1 r-1 r_~ < -~~ vA o• j`r~rp[n vaP ~ ..~ I : j' -~-~~ P... -~ , / j ! I 1 I I I ~ -__ Betio oB„~ -.-1 I ~I (-__- ~-`!~S AouArrC I I j - !-_-~ r-- ------1 ! mj L----- - j 1 : I 1 F i ~~ ~~,. r ;\csi`cM ~ .1 -~' ~U !. I I 1 t ~ 1` I I 1 ~ "~c ~~ t '-,. -~'-~~~'~ ~ (~ uc`~~SS S"'`._ J ~. ~I 1 _~I i W~ ~- ~ ~ F~seq ~ ~~;~ - ~ i ; j ; ~i r~l (----: ~---~ , of ; ~ ~ ai !1 of r-~~ !\ ,-\,~o -~--~ ~"'~, ,~, ~_ .. ~--~ c~ Cpl I ! ~ ! ! 1 ~ ~ i ! =i I -I I a' r~ ! ~ '\!r~,c ~ ~S. -~- Vic„ -~_.- • i I1 I 1 I . i I ~ I ~I I -~1 I N1 I 'e~4s4µ ~/~.:',/•~' ~~- -~._ I: x: 1 .. I I I <q\T~t -~ 1~1'~I i 11 ~~ j cl I of I I I .. I I 1 i ~ -`/~/~ ~~' -- ~'-~ ~~s ~~ ! ' ~j j I I ~1 ~t ~I of I I ~---~ - _ I ! I I I I Boo; > /~ /~' ~__~ - `,, I I `zz; : 1 ~ ~j ~I :I ~I I ~j f ~- L J- L --I ,L--J I "~\l %~, /~" , . '~-__ -~ i ~ I r 3 f I L--- EXHIBIT A (PROJECT NO. 1) City oJAllantic Brach/ ETA! MOIC/t 11, / 996 Pa~~ 1 0l - ~ L- swans Iro.o:-~:1 i Standards', Florida Departmeat of Transportation standards; and the American Assodation of State Srghway aad Tratsoportation Oflicdals PoGdes and Guidelines. 2. All drainage recommwdations shall be based on the City of Jacksom~ille City Standard Spaafications and Details and the regulations and policies of applicable jurisdictional permitting agencies. 4. Provide dialogue with utility companies as appropriate. 5. Plans shall be standard 24" x 36" Myhrr or CARD Vellum Sheets with 22" x 34" inside borders, at scales approved by the City Project Manager to allow 'h size PM~B• 6. Specifications shall be on standard 8'fi" x 11" papa. 7. The City shall be the Owner of Snal documents. 8. The Consultam shall take notes of all designJreview meetings held with City and regulatory agencies. These notes shall be transcribed and furnished to the City Director of Public Works for concurrence as soon as practical after the date of the meeting. 9. in addition to project delivery roquirernerris otherwise specified, the Consultarrt shall deliver all 5tra1 drawings to the City in electronic form using either a standard .dxf format and in layers prescribed by the City's Project Manage. VI. NOTICE TO PROCEED No work on this project shall be performed until a contract has been executed and a Notice to Proceed is issued which specifically authorizes such work. ~ ojAtlm~c ttaod/ETM Srnpe ojSerrieer Marc~lr 21, /996 Pace 12 oj71 A. Coordination with the City of Jacksomiille for the reconstruction of Sherry Drive. B. Coordination with the City of Jacksom~ille for the design of the Florida Boulevard and Forest Boulevard improvements. C. Coordination with the City of Atlantic Beach for response to the Florida Department of Environmental Protection concerning the WWTP Consent Order. D. Conduct Public Relations services including noti5cation of area resideMS of pending work items such as surveying, utility testing, and construction related activities. In addition, the consultant will coordinate with the City of Atlantic Beach for press releases concerning project updates and schedule. E. Prepare a tree mitigation plan for submittal to the City of Atlantic Beach Trce Board for a site clearing permit. Using existing documents, the consultant shall map the existing waste water system on the roadway base sheets in AUTOCADD for the production of sewer system master maps for the entire City of Atlantic Beach collection system. III. TIME SCHEDULE The total time allowed for this Work Authorization shall be 255 working days (5 days/wk) excluding time consumed by the City Review. Upon Notice to Proceed for each task, Consultant shall submit a detailed schedule for each task. IV. MEETINGS/CONFERENCES TO BE ATTENDED BY THE CONSULTANT One (I)pre-design meeting with City staff. Up to ten (10) intermediate submittal review meetings with City staff. Up to ten (10) periodic informal design meetings with City staff. V. ADDITIONAL REQUIREMENTS All design criteria shall be based on the "Manual of Uniform Ivfinunum Standards for Design, Constrtrction and Maintenance for SVeets and Highways, State of Florida", latest edition; the current edition of the City of Jacksonville "City Cvy ojAdmrrie BeaddETM scope oJSerwces March 3/, 1996 Page !! ojll a. A final Opinion of Construction Cost shall be funished, using the bidding doaunems incorporated in the specifications. Following acceptance of the 100% completion submittal, 20 sets of drawings and 20 sets of specifications for conshvdion shall be furnished to the City for bidding. Drawings and specifications shall be bound and ready for distribution. 6. The City will advertise, receive, open bids and write and award the construd/on contract(s). Design Reviews: When submitting drawings at the 30%, 60%, 96% artd 100% completion points, the Consultant anticipated that the City will respond to each submittal within two (2) weeks review time. After the completion of each review, the Constltant will attend a review conference to discuss agency comments. In addition, if directed by the City, a review will be held at the project site. Arty changes, refinements, or modification developed in each review shall be incorporated into the design or otherwise resolved before proceeding with the next design phase. 8. Bidding Phase Services: The following services will be performed by the Consultant for the three construction projects. a. Assist the City concerning interpretation of the intent of contract documem during bidding/negotiation period. b Evaluate all bids to determine compliance with construction documents. c. Recommend to the City the lowest responsible bidder. d. Conduct the Pre-Bid Conference. 7. Geotechnical Ezploration: Provide miscellaneous Geotechnical support as needed and authorized by the City project manager up to the budget amount shown in Exhibit E. 8. Miscellaneous Services: Consultant shall provide engineering services as required for the following items: City ojAtlmrtie Beodr/1;TM Scope ojsowea Masd 1/, 1996 Page 10 ojll 2. 60% Completion Submittal: Up to 5 sets of drawings shall be fiunished to the City at the compldion of this phase. In addition to the ird'otmation indicated for previous submittal, the 60% submittal shall include the following: a. Drainage sheet shall indicate proposed storm sewers located in plan and profile . Drainage structures shall be indicated by numbers, stationing and type. b. Plan and profile sheets shall indicate geomUric data (radti, offsets, widths, centerline of construction) and stationing. c. Typical sections with required notes and/or details d. Opinion of Construction Costs: Two copies of the Preliminary Opinion of Construction Cost shall be fiunished. e. Plans will show preliminary requirements for right-of--way based upon design need. Descriptions and sketches will be prepared after 60% design is approved. 3. Final Design - 90% Submittal: Up to 5 sets of drawings shall be furnished to the City at the completion of this phase. In addition, this submittal shall include the following: a. Draft Specifications: 5 sets to include bidding documents for the contract shall be furnished. The specifications shall include Divisions I, II, III, IV and V of the City of Jacksonville Standard Contract Documents with the individual sections modified as necessary for the project. Division format shall conform to City of Jacksonville Standard Contract Documents with the individual sections modified as necessary for the project. b. The plans shall indude a Maintenance of Traffic Plan in accordance with F.D.O.T. requaements. 4. Feral 100% Submittal: Up to 5 sets of drawings and specifications, with any revisions resulting from 90% review comments, shall be furnished at the completion of this phase. ciy olidew~a~rMS~ ofsenia, MareL I1, 1996 Pegs 9 oj]1 r by the Consultant for the three construction projects. a. Assist the City concerning interpretation of the interrt of contract document during bidding/negotiation period. b. Evaluate all bids to determine comphance with wnstruction docLments. c. Recommend to the City the lowest responsible bidder. d. Conduct the Pre-Bid Conference. 6. Prnject No. 3 Construction Documents: A. Submittals: 1. Preliminary Design 30'/o Completion Submittal: Up to 5 sets of preliminary drawings shall be furnished to trr.: City at the completion of this phase The plans shall include the following items as a minimum: a. Location Map. b. Right-0f--way maps showing existing right-of--ways, cerrterlirre of right of way/survey baselines and corresponding control. c. Typical sections for anticipated improvements including dimensions and curb and gutter sections. d. Plan and pro5le sheets showing existing topography, reference poirrts, survey baselines, existing ground elevations, existing and proposed right-of--way and easement lines, benchmark datum, existing utility poles, pipes and structures and preliminary outline of proposed improvemenu. e. Plans shall indicate the locations of soil borings and soil boring logs shall be submitted. f The locations of protected trees, within the right-of--ways and preliminary design indicating proposed tree removal. - g. Drainage area maps. ~y oftaa>7Eie BeadlJ£7'MSoope ojSmiers Nardr S1,1996 Pace d of lI 1 Up to 5 sets of drawings shall be firrnished to the City at the compleion of this phase. In addition, this submittal shall include the following: a. Draft Specifications: 5 sets to include bidding dowments for the contrail shall be fiunished. The specifications shall include Divisions I, II, III, IV and V of the City of Jacksonville Standard Contract Documents with the individual sections modified as necessary for the project. Division format shall conform to City of Jacksonville Standard Contract Doaments with the individual sections modified as necessary for the project. b. The plans shall include a Maintenance of Traffic Plan in accordance with F.D.O.T. requirements. 4. Final 100% Submittal: Up to 5 sets of drawings and specifications, with any revisions resulting from 90% review comments, shall be furnished at the completion of this phase. a. A final Opinion of Construction Cost shall be furnished, using the bidding documents inwrporated in the specifications. 5. Following acceptance of the 100% completion submittal, 20 sex of drawings and 20 sets of specifications for construction shall be furnished to the City for bidding. Drawings and specifications shall be bound and ready for distribution. 6. The City will advertise, receive, open bids and write and award the construction contract(s). 7. Design Reviews: When submitting drawings at the 30%, GO%, 90% and 100% completion points, the Consultant anticipated that the City will respond to each submittal within two (2) weeks review time. After the completion of each review, the Consultam will attend a review conference to discus agency comments. In addition, if directed by the City, a review will be held at the project site. Any charges, refinements, or modification derv: •.= •,.;,,' in each review shall be incorporated into the design or otherwise resolved before proceeding with the next design phase. 8. Bidding Phase Services: The following services will be performed Cdy ulArlatie Bead/E7Stf Scwpe oJSewea Mmdr 11, 7996 Page ~ oj72 b. Right-of--way maps showing existing right-of--ways, centerlir-e of right of way/survey baselines and corresponding corttrol. c. Typical sections for artticipared improvemarts including dimensions and aub and gutter sections. d. Plan and profile sheets showing existing topography, reference points, survey baselines, existing ground elevations, existing and proposed right-0f--way and easement tines, benchmark datum, existing utility Poles, Pipes artd structures and preliminary outline of proposed improvemenu. e. Plans shall irxiicate the locations of soil borings and soil boring logs shall be submitted. f. The locations of protected trees, within the right-of--ways and preliminary design indicating proposed tree removal. g Drainage area maps. 2. 60°/a Completion Submittal: Up to 5 sets of drawings shall be furnished to the City at the completion of this phase. In addition to the information indicated for previous submittal, the 60% submittal shall include the following: a. Drainage sheet shall indicate proposed storm sewers located in plan and profile . Drainage structures shall be indicated by numbers, stationing and type. b. Plan and profile sheets shall indicate geometric data (radii, offsets, widths, centerline of wnstruction) and stationing. c. Typical sections with required notes and/or details d. Opinion of Construction Costs: Two u~pies of the Preliminary Opinion of Conswdion Cost shall be fitraished. e. Plans call! show preliminary requirements for rigb2of-wav b3sw upon design need. Descriptions and sketches will be prepared after 60% design is approved. 3. Final Design - 90% Submittal: ~ efAdmr6e Be.d/E7'M scope oJso+iro Mind T7,1996 Page 6 oj11 treatment system analysis and collection system analysis. 5. Meet the St. Johns River Water Management District staff in a preapplication confcence in then office and in the 5dd to present and evacuate ahernatives. 6. Analyze the impact of curb and gutter roadways versus Swale section roadways. Prepare a written report on the tmdings of the review including alternative evaluations and preliminary cost estimates. 8. Conduct a preservation of the fu-dings to the City Commission in a public hearing format including exhibits, sketches and cost analysis. 4. Permitting: Based on the selected alternatives, the consultarv will prpare engineering calculations, engineering plans and other required engineering dowments, and make application for regulatory permits including responding to Requests for Additional Information for the following: A. St. Johns River Water Management District Environmental Resources Permit B. U. S. Army Corps of Engineers Dredge and Fill Permit C. Duval Coumy Public Health Unit D. Department of Environmental Regulation All wetland analysis and mitigation design will be performed by Environmental Services, Inc. on a reimbursable basis. 5. Project No. 2 Construction Documents: A. Submittals: Preliminary Design 30% Completion Submittal: Up to 5 sets of preliminary drawings shall be furnished to the City ai the completion of this phase. The plans stroll include the following items as a minimum a. Location Map. ciy oj.4tlm~tic Btod/£1'MSrnpr oJSoriiao Masd+ 11,1996 Padr S oJ12 replacement project in the area identified on Exhibit A The construction documents shall be submitted at the 50% and 100% stage for review by the City. B The consultant shall assist the City with the construction bidding of the project by preparing the bid form and bid dowments and responding to questions in the bid process. C. Consultant shall coordinate proposed water line construction with utility companies. 3. Project No. 2 & 3 -Data Collection and Prdiminary Design: A. The consultant shall review readily available documents and meet with utility companies to obtain the following information. l . Duval County Tax Panels for master plan base sheets. 2 CHZM Hill Master Plan calculations and documentation. 3. Water distribution system master maps 4. Sewage collection system master maps. 5. Gas distribution system electric, Bell South and CATV master maps. 6. Existing topographic information. 7 Existing television reports of the sewer system. 8. Gee & loosen Water Master Plan on Autocadd disk B. Preliminary Design Services: Using the obtained data and the computerized base maps, the consultant will accomplish the following tasks. 1. Review the master plan and test ahernatives. 2. Conduct a field investigation to review the problem areas in detail. 3. Conduct outfaU hydraulic calculations including setting up and - executing a ICPR analysis of the Mayport Road outfall. 4. Conduct onsite hydraulic calwlations including preliminary CSty olAtlmrtic Beoal/L~'TM Scope of Seswrw MocM I1,1996 Pqe I of /2 Exhibit D shows the exact area encompassed by Zone 3. D. Zone 4: Selva Marina Lagoon Transactions at 500 foot intervals. Hydrographic arrvey beginning at Plaza Drive Northerly to Fleet Landing Boulevard West. Horizontal contro: shall be limited to open-ended vaverse only (horizontal location being primarily established by aerial means). Vertical control shall meet the usual Minimum Technical Standards. All cross sections shall locate all breaks in grade and all hard surfaces. Exhibit D shows the exact area encompassed by Zone 4. E. Zone 5: Horizontal only, topographic survey of rights of way of Sailfish Drive, Amberjack Lane, Bonita Road and Wahoo Lane North of Plaza. Sufficient research and recovery of monumentation shall be performed to re-establish Sub-di~~sion blocks and pertinent plat boundaries. Horizontal control shall also be established within this region Consultant shall indicate location of underground utilities which shall be limited to Water and Sewer lines, Gas lines, Electric lines, Cable Television and Bell South lines and shall be based either on marked-up plans or as-built maps as provided by the appropriate agency or as marked on the surface by said agencies or by Central Locate service. All cross sections shall locate all breaks in grade and all hard surfaces. Exhibit D shows the exact area encompassed by Zone 5. F. Zonc G RusselUHowell Park topographic survey of ditch; cross-sections at 100 foot intervals and at a width of 200 feet more or less Southerly from Plaza Drive to 5th Street more or less. Sufficient research and recovery of monumentation shall be performed to re-establish Sub-division blocks and pertinent plat boundaries. Horizontal and vertical wntrol shall also be established within this region. All cross sections shall locate all breaks in grade and all hard surfaces. Exhibit D shows the exact area encompassed by Zone 6. 2. Project No. 1 -Sailfish Water Line a. The consultant shall prepare plans and speafications for a water line Cay ojAdanbe Beadr/ETM Scope ojSesvica Mwdr 11,1996 Page 3 ojll II. PROJEC'T' REQUIREMENTS: I. Survey Requirements: A. Zone 1: Full horizontal and vertical Route Survey of rights of way from Ahern Street Notherly tol8th Street and being bounded by Sherry Drive and Park Terrace West on the West and by Ocean Boulevard on the East. Topography shall extend to indude tree locations to within 10 feet each side of rights of way and shall include spot elevations in yazds and selected finished floor elevations. Vertical cross-sections shall be established at 100 foot intervals and shall include roadway centerline and edge of pavement elevations, walk elevations and all breaks in grade. Sufficient research and recovery of montunentation shall be performed to re-establish Sub-division blocks and pertinent plat boundaries. Horizontal and vertical control shall also be established within this region. Consultant shall indicate location of underground utilities which shall be limited to Water and Sewer lines, Gas lines, Electric lines, Cable Television and Bell South lines and shall be based either on marked-up plans or as-builts maps as provided by the appropriate agency or as marked on the surface by said agencies or by Central Locate service. Exhibit D shows the exact area encompassed by Zone 1. B. Zone 2: Preben Johansen Park topographic survey of ditch; Cross-sections at 100 foot intervals, proceeding Northerly from Seminole Road, 1900 feet more or less at a width of 400 feet and continuing Northerly [hereafter at a width spanning Top of Ditch Bank to Top of Ditch Bank to the Pump Station North of 19th SVeet. Sufficient research and recovery of montttttentation shall be perfotmed to re-establish Sub-0ivision blocks and pertinent plat boundaries. Horizontal and vertical control shall also be established within this region. The cross sections shall include spot elevations at all breaks in grade. Exhibit D shows the exact area encompassed by Zone 2. C. Zone 3: Horizontal and vertical location of selected road centerlines and drainage swdures within rights of way Northerly from First Street to 18th Street and being bounded on the West by Ocean Boulevard and its continuation on to Seminole Road and on the East by the seawall to the ABamic Ocean. Gy ojAtlawtic Bead/ET,NSrnpe o/So~ieer Mara4 I1,1996 Pane 2 of l2 WORK AUTHORIZATION NO. I SCOPE OF SERVICES FINAL DESIGN, PERMITTING, CONSTRUCTION DOCUMENTS AND BIDDING PHASE STORMWATER, WATER DISTRIBUTION & SEWAGE COLLECTION IMPROVEMENT PROJECT (AHERN STREET TO SATURIBA DRIVE) CITY OF ATLANTIC BEACH, FLORIDA I. PROJECT SCOPE: The intent of this project is to perform final design and prepare construction plans, prepare construction specifications, assist the City in obtaining specified permits and assist the City in the Bidding Phase to contract the construction of the following: Project No. 1 Water distribution system improvements along Sailfish Drive north of Plaza, Amberjack Lane, Bonita Road and Wahoo Lane. Exhibit A shows the exact azea of improvements. Project No. 2 Stormwater collection system, sewage collection system and Water distribution system improvements in drainage areas SM-A; SM-B; SM-C; and SM-E as defined in the City of Atlantic Beach Stotmwater Master Plan dated February, 1995. Exhibit B shows the exact location of improvements. Project No. 3 Stormwater collection system, sewage collection system and water distribution system improvements in drainage basin SM-F and SM-G as defined in the City of Atlantic Beach Stormwater Master Plan dated February, 1995. Exhibit C shows the exact area of improvements. 2. The project area is approximately as shown on the attached Exhibit 1, Exhibit 2, and Exhibit 3. CIIy ojAtlanSc Bead/ETM Soope ojSaninrt Mardr 1/,1996 Page I of 12 TECHNICAL CONSULTIIVG SERVICES AGREEMENT WORK AUTHORIZA170N NO. 1 CITY OF ATLANTIC BEACH This WORK AUTHORIZATION, made and entered iaa this _ day of 1996, by mutual agreenrts;t of the parties hvao, is made a part of the Technical Caosttlting Services Agreement dated .1996 by and betwevt city oC Atlantic Beach (OWNER) and England, rhims A Mills. hrc. (CONSULTANT), and by being made a part of said agte®erY a tltedae subject a the mrrrditiota and carmderatieos wntai»ed herein, unless otherwi9e provided herein. This WORK AUTHORIZATON ovtv.AS d'prwidirtg engirteering servi«s described in Atudmtents 1 thrattg)t 12 ,and exhibits, attached htteto. The maximtun compensation authorijsd by this addendum is 574 i 164.00. Compensation for thex services shall be in accordarce with Exhibit 'A' of the T«hnical Consulting Services Agreement (or hourly rate estimated fees a a accordance with the Lump Sum F« outlined in the attachment. QJ WI7TIFSS WHEREOF, the parties hares have socepted, made acct executed this WORK AUTHORIZATION upon the terms and conditions above stated on the day and year first above uTitten. CONSULTAM: ENGLAND, MILLER, INC. By: Do as C. Miller, P.E. « President CITY OF ATLAM[C BEACH The Honorable Lyman Fletclttt Mayor ATTEST Date 3~TJ~9G Dated-r TR[,TH-IN-NEGOTIATION CERTIFICATE COUNTY OF , a-(= ) )ss: STATE OF FLORIDA) The undersigned DOUGLAS C. MILLER, az Executive Vice President of Consultant, does hereby certify within the meaning of Suction 287.055(Sxa), Florida Statutes, tinder oath that the foregoing fee schedule and dirxt cost rates arc acarcate, complete and current as of the effective date of the Agrtxmeat to which this CertiLcate is attached. paled this `~~~ day of March, 1996. DOUG .MILLER The foregoing inswment was acknowledged before on this d l,c~'~ day of r ~ , 1996, by DOUGLAS C. MILLER, who personally appeared before me at the time of notarization, and who is personally known to me or who has produced az identification and who did/did not take an oath. SWORN TO AND SUBSCRIBED before me this~f azL day of ~r~,c~.G~ 1996. i ~ diilr,~.ci NOTARY PUBLIC, STATE OF FLORIDA Commission No. My Conunission Expires: FLORINE S. ROBERTS Notary Public, State of Florida My comm. expires June 25, 1998 Comm. No. CC 379391 Agreonut bdr«ear Crry of Atlantic Sead+ d~ £TM Mardr ?1,1996 Pace d oJd EXHIBIT B TECHNICAL CONSULTING SERVICES AGREEMENT CONSULTANT'S INSURANCE TYPE OF COVERAGE A. Worker's Compensation -Coverage A Employer's Liability -Coverage B B. Comprehensive General Liability (including Contractual Liability): Bodily Injury and Property Damage Combined Single Limit C. Comprehensive Automobile Liability (Owned, Hired, and Nonowned Vehicles): ~Y ~JmY ~ ~~Y Damage Combined Single Limit D. Processional Liability (on claims-made basis) END OF EXHIBIT B MINIMUM LIMITS OF COVERAGE Statutory $2,000,000 51,000,000 each acuurmce $1,000,000 aggregate 5250,000 each person $500,000 each accident $100,000 each occurrence S 1.000,000 Agreewrau bdwbae C[y ofAtlmaue Brarli !~ EI'M l6rei 11,1996 PYge 1 of d EXHIBIT A SCOPE OF SERVICES AND SCHEDULE In aocordaoce with the terms of the Technical Cartsulting Services Agreement, CONSULTANT agrees to perform the Services nocessuy [o accomplish the following Project Objectives: Geaaal Engineering in rnrurection with improvemeats to the City of Atlantic Bead stormwater collodion, water distribution and sewage collodion system including facilities, Alarming, surveying, storm water maoagernent, geotecluical investigation, Preliminary and Cutal design, plans, and specifications, contract documents, environmental permitting, wetlands survey, acct general civil engineering matters related thereto. Exh additional project task shall be authorized by Wor1c Authorization to this Agreement. The Wor1c Authorization shall identify the scope of work, fee and time schedule for each task. The following fa srAedule shall be used as the Consultant's Standard Hourly Rates. These rates shall be adjusted on the anniversary date of the Agreement canrnennuete with the Consumer Price hrdex. PERSONNEL BY DISCIPLINE BASE RATE OR F EE SCHEDULE Principal S 125.1x1/Hr. Registered Engineer 95.00/f-ir. Engineer 85.00/Hr. Desigrar/CADD Technician 65.00/Hr. Draft-vnan 45.1b/Hr. Secretar}• 28.WMr. Registered Surv~ryor 90 W/I-Ir. Survey Field Crew 95.OOMr Planner G~. Wll h. Construction [ns7x:ctor 65 00/Hr. Drect expenses, as hereinafter provided, and Sub-Coruvltart6 foes and expenses shall be billed at direct costs plus I S%, provided that with respell to sub-Consultants, use of the same shall be subject to prior approval by the O WNER thrangh its Project Manager. With respect to work perfomred under a specificWork Authorvaion, all direct expenses, CONSULTAM's foes aad sub-Consultants' costs billed to OWNER together shall not exceed the TOTAL COST identified in saidWorlt Authorization unless otherwise provided therein. Direct expenses are limited to: [L[STJ long distertce phone calls mobile telephone long distance facsimile mail express mail cowier presentation material mylar photos photo copy reproduction blueliae [basis for computing paymrnt] billed at dvect costs plus 15% p8 per page 15 per sq. fl. Mileage and trawl per diem shell be rcinbursed oo the same basis as is provided m Section 112.1]61, Florida StaAnes. END OF EXI ffBIT A Agreernart bdwrar ~ ojAtyance Beady dr ETM Morch 11,1996 Page 6 aj8 TECHMCAL CONSULTING SERVICES AGREEMENT 11. d Aay TOTAL COST provided in a Addenda tttdrr this Agreement and soy invoidog thaamder are subjcd to adjustment to exchrde any ragni5cam sums by which owe dearmines the same to have been increased due to macanatc, iaamplete, err noncmreot wage rates, direct vests and sub-Caosuitant costs; provided, OWNER shall make all such adjustments within aoe (1) year following the termination or completion of the Adderxla services. 11.9 CONSULTANT warrants that it has not employod err retained any company or person, other thm a bona fide employee working solely for CONSULTANT to solicit err wane this Agreement. 1N WITNESS WHEREOF, the parties hereto have auued this Agreement to be executod individually ~ by their duly authorized officers. CONSULTANT: ENGLAND, THIMS & MILLER, INC. BY: Dou s C. Miller, P.E. Its xecutive ViJce~P/residen~t ATTEST:,/~/_ !` `/ ~ OWNER CITY OF ATLANTIC BEACH BY: The Honorable Lyman Fletcher Its Mayor ATTEST: Agreawa6 bdwaer t7iry ofAr6wOC Basdr L £!'M Maras I/, 1996 i'geSafd TECHNICAL CONSULTING SERVICES AGREEMENT ARTICLE 11 -MISCELLANEOUS 11.1 Any notice required a permitted heramdea shall be deemed to have been duly gives R the same shall have bocce sent via certified or registered mail (rdtnn receipt requested), a by any commercial vtpress delivery or courier service (with receipt), with postage a other charges Prepaid, in eo envelope addrased to the party to whom notice is to be given, at the address shown below: If to CONSULTANT: ENGLAND THIMS ~ MILLER INC. 3131 ST JOHNS BLUFF ROAD SO JACKSONVILLE FLORIDA 32246 Attention N HUGH MATHEWS. P.E. EXECUTIVE VICE PRESIDENT If to OWNER: City of Atlantic Bwdt 80(1 Seminole Road Atlantic Beach. Florida 32233 Attention: James Jarboe City Manaeer I 1 2 OWNER and CONSULTANT each binds itself, its successors and assigns to the other party of this Agreement and to the successors and assigns of such other part with respect to all covenants of this Ageement. Neiilter OWNER nor CONSULTANT shall assign this Agrantertt without the prior written consent of the other party. 11.3 This Agreement represents the entire and integated Agrament between OWNER and CONSULTANT and supersedes all prior negotiations, represrntations a Agamrnts, either written or oral. This Agreement may be amended only by written ir~ttnmtatt sigted by both parties. 11.4 Causes of action between the parties to this Ageement pertaining to acts or failures to act shall be darned to have acctmed and the applicable statutes of limitations shall commence to run trot later than (I) the date of substantial completion far sds « fiilttres to act occurring prior to substantial campledm of CONSULTANT'S engineerutg services pursuant to the Agreemwt; of (ii) the date oC issuance of CONSULTANT'S fatal invoice for ads or failures w act occurring after substantial completion of our engineerirtg services ptusuant to this Ageement. 11.5 Nothing contained in this Agrameat shall create a cantradual relationship with or a cause oC action N favor of a third party against either OWNER or CONSULTANT. 11.6 This Agreement shall be governed in all respects by tltc laws of the State of Florida. 11.7 If am of the provisions contained in this AGREEMENT are held invalid, illegal, or unenforceable, such invalidity, illegality or unen:orceability will twt aged arty otter provision, and this AGREEMENT will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Agretnrnrl barMeor t5ry ofAdanSe Beads ~ ETM March II,1996 Page I ojd TECHNICAL CONSULTING SERVICES AGREEMENT construction as built. Therefore, CONSULTANT shall be responsible tor arranging and coordinating inspections at intervals and frequencies sufficient to base sttrh cutification.. CONSULTANT shall notify OWNER promptly regarding am material deviatiwts from the design and/or permit m the construction. 6.4 All inspection services shall be identified by Addenda. ARTICLE7-TERMINATION 7.1 This Agreement or arty Addenda htteundtt may be terminated at any time by OWNER at its convcnie~:.: upon notice to CONSULTANT and, in such event, CONSULTANT will be paid for Services rendered prior to the termination but shall not be entitled to prospective profits on Services not performed. CONSULTANT shall have a reasonable amount of time, after receipt of temrirtation notice, to terminate its activities. OWNER agrees to pay CONSULTANT's reasonable costs associated with such termination ARTICLE 8 -INSURANCE 8.1 CONSULTANT carries, and will continue dtrring the term of this Agreemwt to tarty :Worker's Compensation/Emplaytts' Liability, Commercial Gerteral Liability (including Contractual Liability and Completed Operations), and Business Automobile Liability, each as occurrence based policies in the amounts and on the terms set forth in Exhibit B, attached. CONSULTANT may provide the required coverage for these policies in combmauon of primary and umbrella or excess hability insurance pohcics CONSULTANT also now carries, and will continue dwmg the Term of this Agreement to camp, Professional Liability Insurance on a claims-made basis in the amounts and on the terms set forth in Exhibit B, attached. ARTICLE 9 -PERMITTING 9.1 The OWNER herein acknowledges that several local, state and federal environmental regulatory permits may be required for the OWNER's projeu. The CONSULTANT will assist the OWNER in preparing these permits at the OWNER's direction through appropriate Addenda. Howevtt, the OWNER acknowledges that it has the responsibility for submitting, obtaining and abiding by all required permits unless a Addenda provides otherwise. Furthermore, the OWNER holds the CONSULTANT harmless from any losses or liabilities from such permitting or regulatory action; provided, the foregoing does not constitute an indemnity by the Owner to the Consultant regarding arty claims for loss w liabilities asserted against the Consultant by third parties. ARTICLE ]0 - OWNERSHIP OF DOCUMENTS 10.1 All original documents, including, but not limited to drawings, specifications, reports, boring logs, field notes, laboratory test data, calculatiotts and estimates, prepared by CONSULTANT as instruments of service ptrsuant to this Agreement, shall upon completion become the property of the OWNER OWNER agrees that all documertts of arty oaten furnished to OWNER or OWNER's agents or desigaes, if not paid for, will be returned upon demand and will not be used by OWNER Cw arty purpose whatsoever. OWNER further agrees that under no circumstances shall be doamteau produced by CONSULTANT pursuant to this Agreement be used at arty location w for arty project not expressly provided for in this Agreement without the written permission of England, Thins & Miller, Inc.. The OWNER shall have the right to obtain copies of all documents subject to payment for reasonable costs of reproduction. Agreanart beMren Cay ojAtiamic Beaeh d: ETM Mardi 2/, /996 Page 3 oj8 TECHNICAL CONSULTING SERVICES AGREEMENT shall unreasonably delay or defer the obligation of OWNER to make payment of undisputed invoices from the CONSULTANT as provided herein, as long as such records are m order, and accurately reflect the CONSULTANT'S actual costs incurred. 3.3 Payment is due from the OWNER upon receipt of invoice from CONSULTANT. OWNER shall make all payments in accordance with the Florida Prompt Pa}~rtent Act. All requests for payment shall itemiu and identify with specificity fees charged in accordance with the fee schedule in Exhibit "A". Appropriate supporting documentation of sub~onsultant costs and direct costs incurred external to the CONSULTANT sufficient to meet OWNER'S audit requirements shall be submitted with the appropriate invoice. ARTICLE 4 -CHANGES 4.1 This Agreement may be amended, altered or changed only in a written instrument signed by OWNER and CONSULTANT; provided however, that OWNER may reduce the Scope of Services herein without approval by CONSULTANT. ARTICLE 5 -LIMITATION OF LIABILITY 5 1 With respcet to damages incurred by OWNER arising out oC any error, omission or other professional ncghgcnce for which CONSULTANT is responsible hereunder pursuant to the standard referenced in Article 2.2 hereof. OWNER agrees that CONSULTANT'S hability shall be limited to $1,000,000.00 (one million). ARTICLE 6 -CONSTRUCTION REPRESENTATION b.l With respect to construction activities based upon designs and permits procured hereunder, OWNER agrees that CONSULTANT will not be expected to make exhaustive or continuous on-site inspections but that periodic obsrn•ations appropriate to the wnstmcuon stage may be performed. It is further agreed that CONSULTANT will not assume responsibility (or the contractor's means, methods. techniques. sequences or procedures of construction and it is understood that field services provided by CONSULTANT will not relieve the contractor of his responsibilities for performing the work in accordance with the plans and specifications. The words "supervision" "inspection» or "control", are used to mean periodic observation of the work and the eortdtrding of tests by CONSULTANT to verify substantial compliance with the plans, specifications and design cortcapts. Continuau iaspectioms by CONSULTANT does not mean CONSULTANT is observing placanent of all materials. Full-tune inspection means that an employee of CONSULTANT has been assigned for eight-hour days during regular business hours. 6.2 Should CONSULTANT provide periodic observations or monitoring services at the job site during construction, OWNER agrees that, in accordance with generally accepted wactrttction practices, the contractor will be solely and completely responsible far working conditions on the job site, incltrding safety of all persons and property during the perfornartce of the work and compliance with OSHA regulations, and that these regtirements will apply contintrously and not be limited to normal working hours. Any rrtonitoring of the contractor's procakures condudod by CONSULTANT is not intended to inclttde review of the adequacy of the contractor's safety meastncs ut. on, adjacent to, or near the COnStIUCtIOn site. - 6 3 With respect to conswcuon activities based upon designs and permits procured hereunder, CONSULTANT shall provide appropriate certification to OWNER and all permitting agencies reflecting Agreunc~rt beMrtn City ojAr/anrie Beach ~c ETM March 2/, 7996 Page 1 of 8 TECHNICAL CONSULTING SERVICES AGREEMENT This TECHN[CAL CONSULTING SERVICES AGREEMENT ("Agree+rteat") is entered into as of and made effective as of , between Citv of Atlantic Beach ,apolitical subdivision of the State of Florida (the "OWNER', and ENGLAND, THIMS & MILLER, INC. (the "CONSULTANT"). On the temu and conditions hcrcinafier set forth, OWNER retains CONSULTANT and CONSULTANT accepts such retention to perform certain tasks, duties and services (hereinafter collectively referred to as "Services"). Unless expressly provided otherwise in writing, this Agreement shall govern only Services defined in Exhibit A, "Scope oCScrviccs and Schedule". ARTICLE 1 -TERM OF AGREEMENT 1.1 The Term of this Agreemert[ shall begin on the date hereof This Agrcement shat; be deemed a continuing contract within the meaning of Section 287.055, Florida Statutes, and as such does not have a specific temtination date, but is subject to termination as provided in Article 7. ARTICLE 2 - SCOPE OF SERVICES AND SCHEDULE 2. I The general scope of CONSULTANT'S obligations hereunder shall be to serve in a consultauee capacdy for OWNER. and to pcdortn the Services necessary to accomplish the Gcncral Obiecuvcs and Tasks as set forth in Exhibit A. Exhibit A outlines the basic scn'tccs and fce swcturc to be made a part o1 this Agreement. Specific tasks and services and cortesponding Cees shall be identified Cor each project and shall be authorized by the OWNER upon execution oC a Addenda to the Agreement. 2.2 The only wartanty or guarantce made by CONSULTANT in connection t~~th the services performed hereunder, is that the CONSULTANT will use that degree oC care and skill ordutarily exercised under similar conditions by competent and reputable members of the profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended by the consulting services or by fumtshing oral or written reports. CONSULTANT shall be liable to OWNER for all work performed by sub~onsultants retained by CONSULTANT as if such work had been performed directly by CUNSULTANT and applying the foregoing standard. ARTICLE 3 -PAYMENT 3 ; OWNER agees to pay CONSULTANT, or cause CONSULTANT to be paid, for Services rendered hereunder during the term of this Agreement, the Authorized Amount in accordance with the Cce schedule, method of payment and other terms and conditions set forth herein and N Exhibit A attached hereto. With respect to atry specific Addenda, the TOTAL COST identified therein shall be a ~t-to<xceod limit for CONSULTANT's fees, direct costs and subtonsultant costs combined, rmless otherwise specifically stated therein and CONSULTANT may not charge OWNER amounts in tatcr;ss thereof, unless otherwise specifically stated therein. 3.2 For portions of the Services that are cost reimbursable, the CONSULTANT agrees to keep acctuate records showing all chazges and expenses incurred by the CONSULTANT. OWNER has the right upon reasonable notice, to audit (at arty time up to oce year after completion of the cost reimbursable portion of the Services) expenses, and disbursements made or incurred in conrtaxion with the Services to be performed and may examine arty relevant records of the CONSULTANT. No ~Art,~ear~pn of the records Agreanent bdwern City afAtlantie Btaclr d: ETM Mardr 21,1996 Fagr I oj8 ~rx~l~nd •Thirr~ & IYliller Inc , . ~~~~~ Cansuh.ing 6 Desgn Engineers ' Prinupals 313 1 S[ Johns 81ufl Roatl S_ Jacksamne. FL 32246 James E Englantl. P E Pres Ter (904) 642.8990 Fax 1904) 6469465 Robett E. Thims. Exec V P Ofwgias C Mmer_ p E Exec V P N Hugh Mathews. PE. Exec VP March 21, 1996 Mr. Robert Kosoy Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 Reference: City of Atlantic Beach/England, Thims & Miller, Inc. Technical Consulting Services Agreement ETM No. 96-25 Dear Mr. Kosoy Pursuant to your letter of March 21, 1996 and our follow-up telephone conference, please find enclosed five executed copies of the Technical Consulting Services Agreement. These final documents have been amended per our negotiations. Subject to final review and approval by the City Commission and Notice to Proceed, England, Thims & Miller, Inc. is ready to commence work. Thank you for this opportunity to be of professional service Sincerely, fA, THIMS & MIL~L~ER, INC. M;ller Vice President DCM:phl Attachments: TCSA (5 copies) Work Authorization No 1 (5 copies) .~..,,.: ~"glc~"cl •Thir~ & Illiller Inc ~~;<n~t Consulting 6 Desgn Engineers , . PI'IIKjw16 3131 St Johns 61UH Foad S. Jacksamlle, FL 32246 James E England. PP , Pres Tel. (904( 6428990 Fax 19041 6469485 Robert E TMms. Exec V.P Douglas C NLller. PE_ Exec V P. N Nugn MaUU,ws. PE_ Exec V P March 21, 1996 Mr. Robert Kosoy Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 Reference: City of Atlantic Beach/England, Thims & Miller, Inc. Technical Consulting Services Agreement ETM No 96-25 llcar Mr. Kosoy: Pursuant to our Scope of Services for the referenced project, England, Thims & Miller, Inc. herein agrees to a reduction in fee of $80,000.00 subject to the following. Projects No. 2 and No. 3 are not designed for curb and gutter roadway systems. 2. City of Atlantic Beach notifies England, Thims & htiller, [nc. within 60 days of Notice to Proceed on Project No. 2 and No. 3 that curb and gutter roadway syste~~s will nct be the basis of design. Should you have any questions, please do not hesitate to contact me. Sincerely, ENGLAN , THIMS & M~IL~LER, INC. Doug s C. Miller Executive Vice President DCM phl Staff Report Date: 3/22/96 Page: 2. The total cost of the project, as estimated for the bond issue, is approximately 56,500,000 with 53,982,000 earmarked for drainage work without curb and gutter and 52,600,000 for water and sewer. Curb and gutter is desirable for the project but adds close to $400,000 to the construction costs and would need to be funded by the Local Option Gas Tax Funds. If the City chose not to design and permit curb and gutter, the Consultant has agreed to a reduction in fee of 580,000 (See letter dated 3/21/96). RECOMlIEDiDATION: Authorize Technical Consulting Services Agreement. Appcove Work Authorization No. 1. ATTACHMENTS: Five (5) Copies Of: a) Technical Consulting Services Agreement (8 pages) b) Work Authorization No. 1 (20 pages) c) Two (2) Letters Dated 3/21/96. REVIEWED BY CITY lIANAGER: ~-Y~ AGENDA ITEH: ~ ~~ ~ ~~~ -~~ d ~~ ~ti'"'" 1 ~~ ~ ~~~~ ~ ~~ ~ ~~ .~~~~ CITY OF ATLANTIC EEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ENGINEERING SERVICES FOR THE FINAL DESIGN, PERMITTING, CONSTRUCTION DOCUMENTS AND BIDDING PHASE OF THE STORMWATER, WATER DISTRIBUTION AND SEWAGE COLLECTION IMPROVEMENT PROJECT (ABERN STREET TO SATURIBA DRIVE) SOBMITTED BY: Robert S. Kosoy, P. E./Director of Public ~~ Works DATE: March 22, 1996 BACKGROUND: On March 14, 1996, we received the draft Technical Services Agreement and on March 19, 1996, we received the draft Scope of Services. The Consultant Engineers, Mssrs. Doug ldiller, P.E. andr.uch Mathews, P.E. have negotiated daily with me since receipt of these documents and final documents have been received which appear fair to both the Consultant and to the City. In summary, the survey, design and permitting costs are as follows: Surveying For All Projects ....................$127,990.00 Project No. 1 - Royai Palms Water Lines North of Plaza Road........... 20,000.00 Projects No. 2 b 3 - Data Collection and Preliminary Design ............. 55,386.00 Projects No. 2 bs - Permitting ............... 70,400.00 Project No. 2 - Construction Documents........ 246,300.00 Project No. 3 - Construction Documents........ 159,737.00 Geotechnical Investigation .................... 8,385.00 N.iscellaneous (Misc. it erns, including wastewater map of City of CADD) ............... 59,366.00 TOTAL PROJECT COST (Not To Exceed)............$747,564.00 Parcel No PrgM No. ProjM Name _ TWS WDENTURE,MWa Sac days ,AD., 19_,BETWEEN_ • corporation eskarq rad« tlr laws a tln Stw olFbba . parties a the hat part and the CfTY OF ATLJNITIC BEACH, • maat~al ccrporatiorr h MN Count' a Drml, Suk of Fbnda, petty a tlr aswrd pan, vdroae maflkp addrar k 1200 SardpiPw Lane. Aaadlc Beach, Florida, 37!23. WITNESSETH: 7Nt the sad parry of the hat part, for and h wrsldara0on a tM wm of Doaaa, b k h hard pab by tM said party a dre aeaoM p,A tM raupt where dk hereby aWgaAadpW, ra trereA' 9rniad, lrrpahed, add and mneYed ro are peM a tr» secoM per rte successors and yaprw braver an unohaburtad dpM of way and eaasmeM rMh are rpM, privYepe and aul}rofdy to acid party d tfre aecoM part b suooraors and aaruu, b mrrstrucL opeak, lay. maintah, improve and/or spar utiily wbwnau pipes and assowtsd aprapmeM, enter a both. on, abnp, over, Ihragh, across a uMer the Idlowarp daoribed laird arluaa h JadaonWle. Oval County, Florida, lo-wR: 10 foot easement located along Lhe western boundary of a parcel of land as described in OR book 3395-58 TOQET}ER vOr tM ripla b said party a the aeoord part ks suocsawrs and auiprm, a irrpresa antl sate. b and over acid abw+deauihed premkr, and lar tloarp anYnth9 rreoearry a wsNl d wmedenl or rpnoilp at any Irrr try and tl a rid tirprovartrnk rywn, ow, wwr «h said lends, mpe9rer ako ash the rpht and eaasmnrk, prk9apu and appurkrwrgs h and b crab krrd wfdrlr may be regrrrW far pre enpyrtwd o/ the nphk hatch panted. IN sNTNE3S WHEREOF, era acid parry hr posed Itraas prsasnfa b W sipnedn O name by its adhor¢e0 offsets and Os seal sff¢ed are day arty year above wMkrr. .~r"1 ned ATTEST: ILG~.~I~ Seuetary Speed. Sealed and Delivered h our Presence ,-,.G STATE OF ~(~ COUNTY OF 7 Pmtett)Name: ~+~~~~. ~ /"rfv-.:le4v Tdle: f r.~~: ~~.t+ Gr~ K>m: s.w 1 HEREBY CERTFY Ina! on gas day bslore me, an o16cm duly auMonzed h me Sate and Count' elaresad b fake acknoMWpmenk, personally appeared h 2O1-D L PA2^A,V and _ and a411 knwvn ro rite b G tM ~(. ~av and respectivey. d ~ I R~Z i CHti </°li~ C6n(C~'2- . • corPOraYOn. and gat they sevxaey aclurowfedpe0 eaewYrp ere brepoirrp artrrnrela easy and vdu order adnoray vested h diem W saio corpoation, .aid ttrat the seal atbmd Maretos the true el of said rporstion 19~WRNE~oltidal seal th'a:~C-dayq ' r ^. 9ra County and My Comm"ssbn FJrpires: r J ~ C/ Acupbd an behad of Vr6 CITY OF ATLANTIC BEACH, Fbrda Corporate Secretary w Parch No. Prgesl No. Project Nrrr THIS INDENTURE, laade ar d•Y a AD., 1Y_, BETYYEEN • rwrporaon .sap urWr M. I.eq a tM StaY ate, parse a e~ w prl rd the CITY OF ATLANTIC BEACH. a rariyel corporation h M Canny a Dwal, sm a Fbrida, paAy of Me ascad wM1 a4rwa m•airr0 addraa b 1200 Sardppsr Lane, Atirdc Beech, Florid.,1222]. WITNESSETH: rnat 01e said poly a nu rst pan, br aM h mnaidarallon a1M sum a Dopers. b n h naro win M ere sad party a Sr.•cad prL Sn rsoMq Mr.rs a r n•r•by,drrrordp•d, ha hereby pr•rad, Grpakned, aald and ceneapd b tlr party a nre sscorw part its wccnsaa and •••4na 1«awr an unoDebucted right a way .rd easnra xul Sr nohL prailepa and auMOrdy to •.id party of ar..ecord pan, pa sumaaon w •e•iprrs, b mmbucL opsmle, IaY. rn•krmkr, impraw and/or npW utility wbeuAaa pipes •rrd •saoraW puiprMrn, aahr a bah. m, shop, owr, Wouph, •croa a order Ma Iabx4rp described land aawu h JacksamlM, Drrral Canty. Florida, b-n[: 30 foot easement ioca[ed along Che Western boundary of a parcel of land as described in OR Book 6894-1661 TOOETyIER rdh the right b said parry a the second part, b strccaaaots and assigns, a hpres and • Vas. b std oyar said show dascMW pram'ass, and br dosrp anytlrkp rrscsaary ar usMn or comaiant a rrrq~iip Y aryirr •ry and Y d said inpowrtrrns upon. owr, order or h ail hrtds, bY•Sr•r ako ssYh iM npht arrd saeam•as, pMilepss and appurtsnanop h and b sad 4M sAYar may ba rsgried Icr Srs anjoynrsM a Me dpAR herein pranW. IN WRNEttB WHEREOF, Hre laid party has qu•ed Itrsas preaenb b be aiprred h ib name by is autlwr¢ed olNosrs •rrdb sal •tTwd Ure day arty year show vyben. ATTEST1au..c.~r~lr~-I ~eury Spryd. Sealatl m eiversd h our Presence .2r~ L~ N1/ PriaMjdeme: U+.LtIA•N CJL ULJ. Tine: ~cY,DEA.T- i.(/.S~ C[n.Lr*h t /SSeC r"'C c~~ w STATE OF '`Xn-S~\ COl1NTY OF! ~ (.(y_ i HEREBY CERi1FY Mat on stir •laaaid b take aoknoMedpmenfs, pen me, a f6car dJy a~ad n drs Sole and CoranY respecbrsly. d ,y j-...i.. tl: e_r -a t~ c n r -S[ r A~~S~4~ cawraoon. and MM tMy snra•Y atlaro•4dp•d •oairp dre brgpitp hetnmere keeM aM whanaray uMer arrparay uaeled h tlrerrr by said corporatlon, -aM Mat the sal alTued tlrer~aue m oraee aW a sad c rporation. WITNESS my hard and olRoal aW dry a ~ °' , 1 ~__ `~ r 114A RABINE llob7 Pudz. SbtelR ~c h and (a Ma uay rd S ~ r lY1 Gansu apses July 1. I99S Coatm. No. CC 511155 . My Comrosion Espk ' . Acppted on beheH of the CIT' OF ATLANTIC BEACH. Florida t:aporab Saaehry I+t•YOr Parcel No. Propct No. Project Name _ T/451NDFMURE, tAade ttus day a A.D., 10_, BETWEEN • corvoraCOn snip under M qw¢ a tM SYts aFJOma_ parses aNe Gst part w Ns cfrv t>F ATLANTIC BEACH.. naa~d capaa~en ~ trr ca.rlr a Duval, SMa a Flans. putt' a Ne sewrd pert whoa mdiq aOdrsr Y 1200 Sardpper t.rn. Atlarak Beach. Flofna,17113. N/ITNEBSETH: That dw sad party of the Ent part fa and h certaidarafion dNa sum d DotNn. b l n nrd paid trY the said park' d an aaoond Part We faoapl wMre die Mrsby aokrovaadOaA, Asa hereby t7arasd. laupanad. son and oorwayad b M IWN a are eewM part as suaessors and aaagrs hvever an unobeaucted riON of way are saterrrenl witlr Ina dOM. priyilspa and auNOnry to san party o/ Yu ssconO part. b suaessps and aaai0rs, b corratruct operate. I.y, mraan, improve anNa repair ulifily wtRUrlace pyes and assoaated er•rgmant erNar a baN, on, sbrrp, over, tluoW n. aaoas a ands tlw /aiovAnp aewasd IarM sihwfe in Jackaam'Ms, Duvd Cauray. Fbnda. toad[ 10 foot Basemen[ located alono the western boundary of a parcel of land as described in OR Book 1829-428. TODEINER wlfr the rpa b said party d Ne aewrd part b auouasors and assigns, a irpreas and apses, b am over and abora deanibed prerrtees, and for damp ertylNrp napoary a wake a mrnraraefd a rarptaiD M art' ins s•y and atl d sdd mproMmalb upon. over, urda a ti sdd tarns, bOeBref abo p••It dts rfOht and aassmsas. pmilepes and appurtenangs n and b and hrd vMicA may a reputed br tlta snJoy~Mnl o/ tM ripMa hereel pnnled. IN WfiNEB9 NIf1EREOF, tM aan party hr owed Ness prssanb a tYrr•d ~ by b autnalxad officer aM b teal aHaed Ina day any year steers wrlderr. _. i' (1 QA-r.t<..~ Prinkyd Name: ~{e, ~a..l..ra.J fr- TNe: ~.-~ e~ ATTEST. ~ 1 ~~.~ Secrets ~- SpnW. Seale-d a~nd~DeWer~sd inn outer Presence ~Q.w.:~ S~KU~i_~/ ~~ v..... s.o STATE OF ~~~ COUNTY OF u r At_ 1 HEREBY CERT~'r Nat on Ovs day Delae me, en officer day audwr¢ed'n Uu Sfab and Courtly alaesaid b take eacnowl«Ipments. personally appwrad ~1tiTi Mcn~+~. 1 c . and and well known b ms b Ds Ne ~..a._ --~ 1wf rstpacsvey, of • _ ~_ corpot+son, and NM they ••r•rasy ad+peM47ed eowtp Ne fora0orp kMbanera kealy aM vakaaariy urdar aratarty vesbd n tlfern by said caporatlon, -ard Nat Ne seal a1firW IMrda's Ns true tarpaals seal d acid corporafion. WfTNEBS my hand and offioW sad tle.~9_ drya~i•6. f 9Q4_. ~lu..w ~ u tic to and /a M C«•n and sm Aiorasdd. 4ARDAttI?TC BDMpHpS -N cemrtsstbn Ea neat ird s~ W. CC 3att11 lavY tae ~r tlrtry ar.rn AcpISIW an benarc of Na clTr of A71ANT1C BEACH, Florida Corponle Seaehry Abyer • , CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Grant of easements for the Mayport Rd. Water Main Extension SIIBMITTED BY: Robert S. Rosoy/Public Works Director ~/,~~ DATE: March 20, 1996 _ v BACRGRODND: The Mayport Road water main extensions in the Buccaneer system will provide a much needed water main loop with additional fire protection on Mayport Rd. The most efficient and economical approach was to obtain easements from the property owner_ where the construction work will proceed. The property owners, Mayport Car Care Center, Big Chief Tire Co., and W.S. Collins and Assoc., Inc. have all signed grants of easement prepared by the Consulting Engineer on this project, Mr. James Lucas, P.E.. RECOMMENDATIONS: Accept grants of easement and authorize the Mayor to sign the grant documents. ATTACB?IENTS: Originals of three separate easements. REVIEWED BY CITY MANAGER: ~ ~'~~ ~- AGENDA ITEM NO- ~~ ~-~ r ..11TH AND GILlES PIE EN6IN EEP S.INC. Mr. Robert S. Kosoy, P.E. PSDC - Saltair Atlantic Basch, Florida October 11, 1995.....page 2 Assis[ the City in coordination of QC testing by the City selected testing laboratory. Perform a Final Inspection of the Project. Iaaua a list of discrepancies discovered at the Inspection for resolution by the Contractor. Prepare Contract closeout documents for execution by the Contractor and the City. Prepare record drawings from Contractor markups of Contract drawings. Certify project completion to the permitting agencies. Ne propose a fee of $2,450.00/month for the above services. Resident Observation services would be concurrent with the Wastewater Treatment Plant construction and would not require an increase in our fee. This proposal is based on a construction duration of four (4) months and review of approximately 20 Contractor shop drawing submittals. Based on the above, we estimate our fee for this project to be $9,800.00. Design drawings, specifications, and necessary construction permits will be furnished for our use. This service will be provided under the general terms of our Contract with the City of Atlantic Beach for Consulting Services dated June 1, 1985. As always, if you have any questions in [his matter, do not hesitate to contact us. Sincerely, SMITH AND GILLESPIE ENGINEERS, INC. n f o~~ '.J " 7 Douglas E. Layton Mr. Kim D. Leinbach, City Manager SMITH ANO GILLES PIE ENGINEERS. INC. POST Oi FICC SOIL •]I]S JACKSON VILL E. FLORIDA ]2201 19041 Asa-epSO October 11, 1995 Mr. Robert S. Kosoy, P.E. Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 Subject: Professional Services during Construction Saltair Utilities Improvements Atlantic Beach. Florida Dear Hr. Kosoy: OOUClAS E. UYION. PE. vcE inctoon F,~,,h~ , ~~ ~S -1~`~I t ss ~~ As you requested, we offer [his proposal to provide Professional Services during construction for the subject project. Based on our discussions, we understand the desired scope of our services to be: Arrange and conduct a Preconstruction Conference. Publish a written summary of the conference. Administration of the construction Contract. Provide needed contract interpretations. Provide a Resident Observer to more closely monitor the construction of the project. This service will be performed by the Resident currently handling the wastewater treatment plant expansion. As these two (2) projects are concurrent, no additional fee is required for this service. Review of Contractor shop drawing submittals for conformance to the Contract. Periodic visits to the site to provide additional monitoring of the construction. Advise the City of construction discovered not to be in compliance with the Contract plans and specifications. Review of [he Contzactor's monthly requests for partial payment and recommend payment to the City. Provide non-design Engineering assistance fcr approximately three changes which may be required during construction. SMITH AND GILLESPIE ENGINEERS, INC. nosy orncE eox sv as JACKSON MLLE. ILO RIDA 32201 19061 143~b 950 December 19, 1995 Mr. Robert S. Kosoy, P.E. Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 Subject: Construction Phase Services Utility Improvements Saltair Subdivision S6G Project No. 8505-21-01 Atlantic Beach, Florida Dear Mr. Kosoy: DOUGLAS E. UVfON. P.E. vCE P11E60ENT As we discussed, the construction duration of the subject project has been extended from 120 to 170 calendar days. This will result in a similar duration increase for our Professional Services During Construction. These additional services will be furnished at the monthly rate authorized in our original proposal for this service. If you would like to discuss this matter or require additional information, do not hesitate to contact us. Sincerely, SMITH AND GILLESPIE ENGINEERS, INC. ~~ ~ ~~~ D~o~ug\las-E. Layton Mr. Jim Jarboe, Acting City Manager SMITH AND G7LLE5 PIE ENGINEERS. INC. eosr or roc[ Box so~ae JnCx50NVIL LE. rlOelOe 32201 (9041 1436950 DOUGLAS E. UYTON, PE. viCE PNE1pfwT March 13. 1996 Mr. Robert S. Kosoy, P.E. Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 Subject: Construction Phase Services Utility Improvements Saltair Subdivision S&G Project No. 8505-21-01 Atlantic Beach, Florida Reference: Correspondence S6G(Iayton) to AB(Kosoy) dated 10/11/95 Correspondence S6~G(Layton) to AB(Kosoy) dated 12/19/95 Dear Mr. Kosoy: Due to the authorization of bid additive alternates by the City Commission the Contractor's construction duration was increased. The duration of our Professional Services During Construction (PSDC) must therefore increase by an similar amount. As confirmed by our attached original proposal and our letter dated December 19, 1996, the fee for PSDC was negotiated based on a monthly rate. When we discussed this matter in December, it vas hopeful the duration of one of our other PSDC authorization would shorten and allow an offsetting credit. This was the case on our service for the construction of the Atlantic Beach Water Plant improvements. This has not occurred this time. Therefore, we now respectively request the City authorize (2) two additional months of PSDC for this project at $2,450.00/month, for a total additional authorization of $4,900.00. Of course, any of the duration of our service not used will not be billed. If you would like to discuss this matter or require additional information, do not hesitate to contact us. Sincerely, SMI ~/GILI.E/BPIF ENGINEERS, INC. r.-. ~• (- ~~ . Dough . Iayton , Enclosure Mr. Jim Jarboe, City Manager CITY OF ATLANTIC BEACB CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SaltAir Subdivision Utility Improvements Contract Modification for Construction Engineering and Inspection. SIIBMITTED BY: Robert S. Kosoy/Public Works Director .~'Q'+5/ DATE: March 20, 1996 BACRGROUND: Due to the authorization of bid additive alternates by the City Commission, the Contractor's total construction duration was increased from 120 days to 170 days. This will result in a similar duration increase for the Professional Services by Smith and Gillespie Engineers, Inc. During construction the additional services will be furnished at the monthly rate authorized by the original proposal for these services on October 11, 1995. The amount is 52,450.00 per month, for a total additional authorization of 54,900.00 IONS: Authorize two (2) additional months of Professional Services during construction for a total of S4,900.00. ATTACRMENTS: REVIEWED BY CITY MANAGER:~~~ AGENDA ITEM NO: . f ~~ John Woody,lnc. P 0 Box 60118 .6ekmnvilk, fMrida 31136 dho:.a: /90V17832I11 February 9, 1996 Smith 6 Gillespie Engineers 1100 Cesery Blvd. Jacksonville, Florida 32211 Attn: Sam Okcular Ref: Utility Improvements Saltair Subdivision City of Atlantic Beach SaG -B505-21-01 Dear Mr. Okcular, As per our conversation concerning the clean-outs on the above referenced project. It has been brought to our attention that some of the existing services will be in driveways. My quotation was for installing the clean-outs, but obviously was not for replacing concrete. We feel that squaze yard in field measurement would be the most fair and equitable method of replacement. Our quotation for replacement is 523.00 per square yard. If you have any questions, please don't hesitate to call. cc: Mr. Jim Jarboe, Acting City Manager Mr. Robert Kosoy, Director of Public Works Mr. Tim Townsend, Utility Plant Division Director Mr. Carl Taylor, SiG Resident Observer Mr. Jim Lucas, Jim Lucas 6 Associates Mr. Doug Layton, Smith 6 Gillepsie Engineers ~ 1 i ,~: '~ Fc~ t t iS4G Y Chenge Order No. 2 Cont'd... S6G Project No. 8505-21-O1 Atlantic Beach, Florida STATUS OF AUTHORIZED X A WORK• EXTRA WORK AUTHORIZED BY CHANGE ORDER N0. 1 EXTRA WORK AUTHORIZED BY CHANGE ORDER NO. 2 TOTAL AUTHORIZED EXTRA WORK: CONTINGENCY STATUS: CONTRACT CONTINGENCY: TOTAL AUTHORIZED EXTRA WORK: REMAINING CONTINGENCY: CURRENT CONT A T STATUS ORIGINAL CONTRACT VALUE: CHANGE ORDER NOS. 1 6 2: CURRENT CONTRACT AMOUNT: March 5, 1996 Page 2 $12,904.58 S4.600.00 $17,504.58 $52,452.50 517.504.58 $34,947.92 $774,687.50 0.00 $774,687.50 It is further mutually agreed by the CONTRACTOR and the OWNER that the changes when completed by the CONTRACTOR shall increase the present Contract price, which takes into account any and all previous changes in the original Contract price, by the lump sum amount of Zero and 00/100 Dollars ($ 0.00 ) and an increase in Contract time for completion of construction of -0- days. ACCEPTED FOR THE OWNER By: Jim Jarboe City Manager Date: PREPARED• SMITH AND GILLESPIE ENGINEERS, INC. By: Douglas E. Layton, .E. Vice President ACCEPTED FOR THE CONTRACTOR B: ! cae ooa ice President Date: 3-~~-9(a Date: March S. 1996 CHANGE ORDER N0. 2 .; -, _-1~ ~~ i~AP. ~ S 1996 ~ I __~ !~Y- Date: March 5, 1996 To Contract dated November 9, 1995 between the firm of: John Woody, Inc. Post office Box 60218 Jacksonville, Florida 32236 hereinafter referred to as the CONTRACTOR and: The City of Atlantic Beach, Florida hereinafter referred to as the OWNER for the construction of: Utility Improvements Saltair Subdivision Lucas Project No. 9539 S6G Project No. 8505-21-01 In compliance with the GENERAL CONDITIONS of the above referenced Contract, CONTRACTOR and OWNER do both hereby agree that the CONTRACTOR shall make the following changes, additions or deletions to the work specified in the plans and specifications: 1. Furnish and install concrete driveways in accordance with the Contractor's proposal dated February 9, 1996: 200 SY x $23.00/SY _54.600.00 TOTAL AUTHORIZED EXTRA WORK: $4,600.00 TOTAL CHANGE ORDER NO. 2: 0.00 ORIGINAL CONTRACT STATUS: ORIGINAL CONTRACT AMOUNT: $722,235.00 CONTRACT CONTINGENCY: S52.452.50 TOTAL CONTRACT VALUE: $774,687.50 SMITH AND GILLES PIE ENGINEERS. INC vOST OffICE BO.~ 5DIJ8 JACRSONVILL E. FLORIDA 32201 19011 ~~3~6950 Harch 14, 1996 Mr. Robert 5. Kosoy, P.E. Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 Subject: Proposed Change Order Utility Improvements Saltair Subdivision 56C Project No. 8505-21-01 Atlantic Beach, Florida Dear Mr. Kosoy: ~ii C_' i( ~ (f_ :'_..~ u ~ I'i ~`~ ~i MAR 1 8 1996 I~ I~~ i `Y__ v I .-. _.._ ___~_~ I OOUGUS E. UVTON, PE. VICE FREQpEMT Enclosed please fiTTd five (5) copies of Change Order No. 2 on the subject project. This change order allocates $4,600.00 of the project contingency for the replacement of driveways as outlined in the attached change order. It is necessary that the City of Atlantic Beach execute all copies of the change order in the space provided. Upon execution of the change order, distribution should be as follows: 1. Two (2) copies for the City of Atlantic Beach files. 2. Two (2) copies for the Contractor, John Woody, Inc. 3. One (1) copy to Smith and Gillespie Engineers, Inc. If you have any questions in this mat*_er, please do not hesitate to contact us. Sincerely, SMITH AND GILLESPIE ENGINEERS, INC. Douglas E. Layton DEL/SBO Enclosure cc: Mr. Tim Townsend, Utility Plant Division Director (w/out enclosure) John Woody, Inc. (w/out enclosure) Mr. Carl A. Taylor, SfiG Resident Observer (w/out enclosure) CITY OF ATLANTIC BEACB CITY COMMISSIOP MEETING STAFF REPORT AC,ENDA ITEM: SaltAir Subdivision Utility Improvements Change Order No. 2 SDBMITTED BY: Robert S. Kosoy/Public Works Director RATE: March 20, 1996 Clean-outs were requested to be installed at the easements under Change Order No. 1, however, some of the existing sewer services are under driveways, and the original quotation was for installing clean-outs only, not for replacing ccncrete. The quote for concrete replacement is 523.00 per square yard. The estimated quantity of concrete is 200 square yards, for a total change order in the amount of 54,600.00. The amount of the change order is under the amount of $5,000.00 which the Director of Public Works and the City Manager have authority to approve and the cost is within the project contingency already approved by the City Commission. RECOMMENDATIONS: The City Attorney recommends that the City Ccmmission should receive the Chanqe Order for approval since the cumulative amount of Change Orders is greater than $5,000.00 ATTACIDIENTS: 1. Letter from Doug Layton, P.E., dated 3/14/96. 2. 5 copies of Chanqe Order No. 2 REVIEWED BY CITY MANAGER: AGENDA ITEM NO: ~r MEMO To: Chief JohnRuley ~~`~o ~ ~j\~g\1~ Frain: Chief Chip Drysdale L~ A--~ P Subject: Beach Patrol Vehicle Date: March 18, 1996 A representative form the loan department at Nations Bank in Neptuce Beach told me by phoce that the "Blue Book" values for the 1986 model of the Jeep are nocexistent. She (Denese) suggested that through interpolation of later models that the average loan value for a model similar to the CJ7 would be approximately 55400 to 55700. The local "Coastal Trading Post" had 1986-87 jeeps including CJ7s and Wranglers advertised at prices ranging from 55100 to SS000. The local "Auto Trader" had several jeeps advertised but with a wide range of manufactured dates and models. They had a 1988 Jeep Wrangler advertised for S7695, a 1977 CJS for 53500, a 1991 Wrangler for 56995, and a 1473 CJS for S2850. The jeep that the city garage has evaluated is being sold by a Mr. Mike Deloach. He owns Deloach Furniture (work phone number 354-4944) and be Bves at 315 32nd. Avenue South, Jacksonville Beach, FI.. Mike and Terry from the city garage have told me that they have checked out the jeep (a CJ7, four speed, 1986, asking price 55000) and say that k is in good condition and that they recommend that we purchase k. Mr. Deloach will be out of town from March 20th till April 1. I have not personally driven this vehicle yet and hoped to before providing this information. As I stated in our earlier conversation this afternoon, I told you last week that this information would be provided to you sometime this week so that you could use it during the city commission meeting cext week. I mention this only to explain why in my evaluation that this memorandum is incomplete since you said this afternoon at two that you needed this information by nine this morning. I told you that I woWd do my best to get his memo to you by five this afternoon. a: Director David Thompson CITY OF ,~ ~e~ - 3. March 20, 1996 TO: Jim Jarboe, City Manager THROUGH: David Thompson, Public Safety Director FROM: John Ruley, Fire Chief\ REF: Beach Patrol Vehicle (J/~' AT1..4\TIC BEACH FlRE%RESCUE R.SO SEMLNOLE ROAD ATI.A\fIC BE4CH, h10RIDA i_~?? TELEPHONE PJ1}t i ?17-StlSy As you know last year there were several problems regarding the beach patrol vehicles. One, is that any vehicle that is used on the beach has a short life due to the salt and sand. Last year we purchased a used four wheel drive pick-up truck for $2,000. and it performed well for the year. However to count on that vehicle to last a second year as the primary vehicle may cause the City some difficulty. Two, to insure a vehicle on the beach it would be necessary to purchase a second vehicle that is newer with a longer life expectancy. At that point we would have the new vehicle as the primary vehicle with the old pick-up being the secondary vehicle orback-up vehicle. We believe that we could get two good years using this arrangement. Three, the large pick-up truck worked well last year, but it had several blind spots, making it difficult to maneuver around the people on the crowded beach. The smaller vehicle, C-J7 Jeep, would allow for easier maneuverability and still provide the capacity to deliver lifeguards to the scene and remove victims to the hard road. As identified in the memo from Chief Drysdale, the city garage has evaluated the vehicle and recommend that we purchase it for the Beach Patrol. Chief Drysdale has requested this vehicle, and there is money in the budget for vehicles. If you have any questions I will be available to answer them. City of Atlantic Beach City Commission Meeting Staff Report AGENDA ITEM: Request to purchase a used C-J7 Jeep for the Beach Patrol SUBMITTED BY: John Ruley, Fire Chief DATE: March 20, 1996 BACKGROUND Attached is a memo from Chief Drysdale, Beach Patrol recommending the purchase of a used C-J7 Jeep that will be used on the beach. RECOMMENDATIONS: To have this staff report part of the agenda for the March 25, 1996 wmmission meeting ATTACHMENTS: Copy of Memo from Beach Patrol, Chief Chip Drysdale. Memo from Chief Ruley regarding the vehicle and the budget. RECEIVED BY CITY MANAGER: ~~ AGENDA ITEM NO. ri L CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: JamSplash Expenses SUBMITTED BY: David E. Thompson, Director of Public Safety DATE: March 19, 1996 BACKGROUND: For the JamSplash evetrt, the City is planning to have a maximum level of staffmg to handle the demands placed on our City. This will include fire/rescue, police, and public works members who will be working 10-12 hour shifts. Please keep in mind that these Sgures are based on a worse case situation, and may be signi5cantly reduced based on actual needs. Estimates from the departmerrt indicate that the overtime will be considerable: Est. OT for Police $17,000 Est. OT for Fire/Rescue $I 1,500 Est. OT for Public Works S 6,172 Est. Pay fo; Lifeguards $ 1,540 Total $36,212 At the time the 1995-96 budget was prepared, there was no hurt that we would have a JarnSplash evrnt during the year. For this reason, these additional expenses were not anticipated in the budget. If we are going to provide this level of service, thrn the City will need to make necessary adjustments in the budget to cover the increased expenditures in personnel- RECOMMENDATION: We recommend that the City approve the manpower expenditures for JamSplash, which will he followed up with a resolution at the next City Commission Meeting- ATTACIIIrvtENTS: None REVIEWED BY CITY MANAGER: - 1~ AGENDA ITEM: ~G~ Simmons Road Ditch System City of Atlantic Beach CHEMICALLY TREAT AND NEED EAT I Church Strut --1 ~ Simmons Road Simmons Road Ditch System Dora Street Weed-Eater Zones ~ Stanley Road ) i` :' °~' ,8. DOT Ditch S~rstem City Of Atlantic Beach CHEMICALLY TREAT AND WEED EAT Aquatic Drive Zone ~1 = In-waterYegehadon Zone +0.2 = Top of Duch Bank in fn-Water Vegetatan Mayport Road -. ~;' .~ . Skate Road Ditch System .City of Atlantic Beach CHEMICALLY TREAT AND NEED EAT Plaza Cutlass Pond on Aquatic Drive r Skate Road Ditch System -- Qftch Iat Cavalla t THIS BODY OF WATER WAS CHEMICALLY TREATED FOR AQUATIC VEGETATION CONTROL ON STATE AND FEDERAL REGULATIONS REQUIRE THAT THE FOLLOWING WATER USAGE RESTRICTION BE OBSERVED: FISH, BOAT, SWIM, WATER LAWNS, GARDENS, SHRUBS OR ORNAMENTAL PLANTERS BEFORE: FOR MORE INFORMATION CONTACT; Vortex Biological Services, Inc. Jacksonville - (qo4) Z62-38'~s St. Augustine - (qo4) SZ3-33oi Monthly Service /Activity Report City os Atlantic Beach n 0 L N ~ W i H ~ i ~ ~ A O E u ~ N T L a u I a 0 ~ o m I U a d ~ _ a c_ ~ m W d N ' °- v ~ d y ~ ~ A Y F > ` ry ~ O 61 U Y r C m ¢ N T n~ rv ~ V m a ai F o f m m Z ~ ~ a> >. °' V ~ A a ~~ x m 3 m c m 00 o n n Q Y L ~ ~ L rt C O' " O 2 d W ~ C ~ > t O O V N V N ~ U V t Q V x ~ N N N ~ ` O ~ ~ R p N J O A ~ A A A C N A N N {A N Q J J L V-- L N t L L L L O L L L L L L L L L Q O ~ O LL a O O O O O J O p O O O O O p Z 1 ~ Qm ~ .. W < 6 Z M1 ~ i ~~ H < ? 0 ~ U~ ~ j_ m zr7 ~ ~_ C ~~ WQ c mJ 3N _~ ~W > ~r V LL ~M D u ~ zl9 w ~~... ui _ ~"^ ~ '~ ~. <W S~iiO a~ J <p O - } K r¢ ~JS y > C < ~ O rc a it gg J d ` W YS 3U {L ~ m M ~~ ~ _ Zn yWJ 1 is ~O sm~ m ~ ~~~~ o ~~ LL Q W W ` a C Q m d ~ ~ ~ ~_ ~~ v 2V W~ S~ m a ~W=pS~ ~ ~~ ~j:a A~ 3f ~6y.P~ 'Z n ~_ ~~ ~ ~ 0 5r < W o ~ W..n y~ J <Q Q- Y ~ ~s ~W ~ K < ~ z _ ww z^ i° OwyyJ_ u~iWS P iP u~ ~~~LL amp o ti ao~ ~~ Y U ~ ~'a w h ~ <_ €~. ~o< W~~ ~~;' ~,W~$ ~J ~~++ p` 1 i w ' ~ S ~ ~ ~ :',i i s: W L ~: F Q 4 ] , ~Fat~ ~Oi-i W ~~ ~~~~~: :, Ac;uKU- CERTIFICATE OF LIABILITY INSURANCE °"f'""°°~"' z/2o/~ -"--- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFlCATE FlOCidd Insurance Source HOLDER. THIS CERTIFlCATE DOES NOT AMEND, EXTEND OR 4475 U S 1, SOU[h -_ ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW. ' St Augustine) FL 32086 COMPANIES AFFORDING COVERAGE - --- G7MVANr -..._ _..---- - - EE$I:RED A Sphere Drake Ins. John Pastore dba I e`NY Voctex Biological Services -' 399 El Ray Avenue ~ C`NY St Augustine, FL 32095 ~,P,,,Y _ o ' COVERAGES ~~ THIS i$ TO CE RTIFV THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN I$SVED TO THE INSURED NAMED ABO'JE FOR THE POLICY PERIOD INDICA?EO NOTWITN$TANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONI RACT OR OTHER DOCUME Ni Y!!'N RE S~'E C' 'Q WHICH TH15 CERTIFlCATE MAV BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC? TO ALL THE TERMS i E%CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN . MAV HAVE BEEN REDUCED BV PAID CUIMS ' L~ TYPE P BDRMANCE POLICY NUMBER POLICY EfFECTNE POLICY E%PWATR)N LIMrt$ _ ~. DATE (YWDGMY) DATE IEIIMDD.MY) _ _ DEIIEML WBEJTY - --.--- GENERAL AGGREGATE -- S 2 WO 000 - W V A XX caweRCMI cENERAI Lus%nv T f PRDOUCTS ~ coMP1oP AcD s 2 E 000 OOO -. CuIMS MADE XX OCCI%1 211E-98;16 ~ 1/24/96 1/24/97 vERSONA RY IN f AO ` ' L V JU S 110~T000 _ D'NNEITS f ODNTRACTOR'S PROT' ~ EACH OCGURRENCE i 1 ~Y T M/Y_- ;-_------_-- r~ NREDAMAOE.AM~.L.I $ 50,000.- ..___ - _ MED ExP (A,ry ~ AnP~I _ f N/ - AVTdgB4E WBRm - I /WY AUTO COMBWED SINGLE LIMIT $ ' ' ALL ONNEO AUTOS _ BODILY INNRV t ~ SCHEDULED AUip$ J ;vn prwnl NEiED AUTOS .- __-. ~ r-~ NON-0TMIEO T BODILY DLA1RV t P re l N1 06 .r .o Nl l I ' - IROPERTY DAMAGE i OARAOE WBR/TY AUTOONLV. EA ACGOEM i . __.__.._. _..._ ANV AUTO ,__ . ~..~-_ OTHER THAN AUTO DNLY f-i __ _ _ _ ___._ ~ _ EACH ACGDENT S .. ~ . .. _ _ __ ....- AGGREGATE f EItCEit UABAJTY EACH OCCURRENCE f .. _ ' VMBRELU fpW I _ I . AGGREWTE - $ __. _- . OTHER THAN UMBRELLA FORM __ $ 1EORKEIIf COMPEAIBATIDN AND ~ OROVE11i' llAB4TTY M'C $TATU~ OTN~ ,TORY LIABTS ER , _ -.. .. _. ___ __ _ EL EACH ACCIDENT f I TIE PROPRIETOW , ~ -ARTER$IE1tECVTNE F-= NCL ~ EL 0ISEA$E.vOLICY LIMIT t .-____ . _ _....___ ~'~~ E%R EL DISEASE ~ EA EMPLOYEE t O'TIMR I I 1 I - ----.~-- _---- ~OF OPERATgNBILOCATIDNENEIRC{fEIBPEDyL REY$ -- 1.___.___ _ .... ___. _.__.-__-. . ____-. ....___-__ CERTIFICATE HOLDER - -_._._.. .. _ _ ...._.. .... .. _.... ... ... _ _ _. ..... ___. _._._- CANCELLATION Clty of Atlantic Beach fHWLD ANY OE THE ABOVE DESCRIBED vOLICIf$ BE CANCEUED BEPOIIt THE" 800 Seminole ROad E%PIAATgN DATE iNEREOF, THE Iisumc GOU VANr wlLl ENDEAVOII TO MAIL Atlantic Beach, FL 32233-5445 _10 D.Y$ WRTTEX NOTICE TO THE CEPT6YITE HOLDER NAMED TD THE LEFT, BUT FMLIME TO MAIL fUCN NOTICE SHALL wP05E Np OBIIDATgN DR LlAlRJTI' ATTN: Accounts Payable OE wBro UPON THE CpIPANY. ITS GENTS OR R[IREBEIrtATTVEB. _ - ~ - _ _ ALIT RE SE ATIVf •~ f ~ ACORD 25•S (1/95) ~ ~~~ ~~` ~ to CORD CORPORATION 190! Vortex Biological Services, Inc. Professional Reference Listing City of Atlantic Beach Contact :Bob Kosoy /Director Public Works (904) 247-5834 Jacksonville Beach Recreation Department Contact :Jimmy Wilkins /Director (904) 247-6236 St. Johns Bluff Park Contact :Dotty Curtis /Manager (904)641-7961 Nanak's Landscaping Contact : Hollie Slaughter /Branch manager (904) 292-0716 ServiceMasters Contact :Mark Hoffman /Owner (904) 636-0217 BLD N0. 9596-9 - DITCHSPRAYING SPECIFICATIONS - Pa e 5 I1 the spaces provided below, indicate price bid for each location fnr one year (CONTINUED FROM PAGE 4): 17. South Lagoon Plaza to 11th Street (2.00 acres) 18. North Lagoon 11th Street to fielva N,arina C. C. (2.50 acres) 19. Plaza Ditch from Main Street to Tulip Street - defoliate and de-vegetate. (2,150 L.F.) 20. Plaza Ditch from Hain Street to Tulip Street Maintain each month 21. Selva Marina Ditch from 2nd bridge at Selva Marina Country Club Golf Course, terminating at bridge at Fleet Landing - defoliate and de-vegetate. S44.Q011190.- 572,4.QQ1Y[. 120 (l0 / Mo - t 1 440 nn / Y r S3.S44.40 $5353_441.111' o __5755.44 / Yr. 57 259.00 T2. Selva Marina Ditch from 2nd bridge at Selva Marina Country Club Golf Coutse, terminating at bridge at Fleet Landing. N.aintain each month. S1 V1.00 / Mo. - el_R00.00 / Yr. TOTALS Monthly Maintenance with WeedEating - $2,084.00 / Mo. - $25,008.00! Yr. l~foliation and Devegetation - $10,750.00 Total Bid Package-> $35,758.00 Submittal• Vortex Biological Services, Inc. BIDDER John F. Pastot~e 399 EI Rey Avenue BUSINESS ADURESS St. Augustine, FI, 32095 CITY, STATE AND ZIP CODE DnTE: March 7, 1996 ~~- D~- GNATURE Owner TITLE St Aug - (904) 823-3301 Jacksonville (904) 262-3875 BUSI:7ES5 TELEPHONE BID NO. 9596-9 - llITCHSPRAYINC SPECIFICATIONS - Page 4 In the spaces provided below, indicate price bid for each location for one year: 1. Ditch at Skate Road (and weedeat slopes, flap A) (4/10 mile, .50 acres) $549.QQ/MQ._.$ij$$$OO/Yt 2. Ditch a[ Cavalla Road (2/10 mile, .15 acres) X6.00 / Mo. - $423.001 Yr 3. Ditch behind Public (2/10 mile, .15 acres) A36_(x)/Mn -td23(X)/Yr 4. Uitch at Aquatic llrive (3/10 mile, .18 acres) ~?S-(~/Mo._~3pp.(~lYi. 5. FDOT Ditch off Nayport Road (See attached Nap B) 5425.00 / Mo - ~S ]On 0O / Yr 6. Ditch at Police/Fire dept./City Hall (2/10 mile, .25 acres) 540_On/Mo -S4R000/Yr 7. Ditch at Novell Park (2/10 mile, .25 acres) ~25.OO1M0~-$~OO.OOLYI. 8. Lagoon in Howell Park (.10 acre) 525.00 / Mo. - 5300.(X) / Yr 9. Ditch at Se ra Tierra (2/10 mile, .25 acres) Sh( t ).(1(1/Mo _ 000/yy 10. Ditch a[ Seminole Road (4/10 mile, .SO acres) S90_pp/Mo.-5)ORO(X)/Yr 11. Ditch at 20th Street (Selva Madera Court) (2/10 mile, .18 acres) 425.00/ Mo. - 4300.OOj_yy 12. Ditch at 20th Street (400 Block) (8/10 mile, . 75 acres) S6o.(X) / Mo. - t7 0.00 / Yr 13. Ditch at 20th Street (500 Block) (4/10 mile, .25 acres) f~ $ pQ / Mo - (300 00 / Y „ _ . . y 14. Ditch at 20th Street (Vela Norte) (4/lU mile, .25 acres) 525.00/Mo.~34QQQ1.Y1 1S. Ditch at Orchid Street to Nain Street (2/10 mile, .4S acres) ~425.00/Mo -t On Op/~ 16. Ditch at Stanley Road to Eas[ Church Street Weed Eat Slope. See N.ap C (3/10 mile, .20 acres) ~_?Q{)0_/MO.__$3.640,O0.LYr. Ditch Weed-FatinE Maintenance: The three ditches that require monthly weed-eating (See Ettclosed maps) will be also treated herbicidally throughout Zone i'2 for the control of broadleaf weeds. This will allow the grasses that support the embankments to spread. Any unwanted vege- tation within the designated Weed-Eating Zones will be cut once monthly to ensure proper maintenance. Defoliation and De-Vegetation Proiecfs :The Canal leading form the Fleet Landing Bridge heading South the the second bridge located in the Country Club, and the PIa7a Ditch from Main to Tulip will be treated as follows; l )- Initial Defoliation Application- to weaken and kill any vegetation located in the target waterways. A second application may be necessary to cover all the vegetation completely. 2)- Physical Removal; Once killed, the dead vegetation will be removed from the waterway to ensure proper water flow. Trees that are causing water restriction will also be removed. 3)- Monthly Maintenance: Once the vegetation has bcen removed from the waterways a herbici- dal treatment will be applied once monthly to avoid reinfestation and maintain proper water flow during periods of heavy rainfall. Biob~ical Control Program: A Biological control agent researched by Vortex Biological Services will be implicated in areas of prone to heavy Duck Weed infestations. This agent is a small top feeding fish species that area attracted to the small root systems of the Duck weeds plant. This will aid in pesticide reduction to the North Lagoon, South Lagoon, Cit}~ Hall Ditch, Howell Park Ditch and Howell Park itself. Strategic herbicidal applications will be conducted each month to any unwanted weed species as the populations of the bio-control agents reach their peak. Equipment List Necessary to Complete Work Described: Herbicide application -Three, 4 gallon Solo® back pack sprayers. 3.5 Hp volume spray rig capable of Truck or Boat Mount. Weed-Eatin¢ - 6 Hp DR®Trimmer/Mower /with Beaver Blade for small shrubs. Two (2) 27.0 cc Weed-eater brand trimmers. General: 12 foot aluminum John Boat 14 foot aluminum John Boat 13 foot pull-behind trailer. 32 cc ,24" Chain Saw Various Cutting and sawing tools. ~:~,~~,~ Phil Nodine City of Atlantic Beach 800 Seminole Road Atlantic Beach ,Florida 32233 (904) 247-5834 Vortex Biological Services, Inc. 5800 Beach Boulevard, Building 203, Suite 248 Jacksonville, Florida 32207 (904)262-3875 Aquatic Maintenance Specifications Ditch Svstem Herbicidal Maintenance: The seventeen ditches addresses in Bid t' 9596-9 will be herbicidally treated for the following aquatic weed species; Torpedo grass, Alligator Weed, Duck Weeds Pickerel Weed, Bacopa, Southern Naiad, Bladderwort, Water Sprite, Mosquito Fem, Southern Watergrass, Filamentous Algae, and Blue-Green algae. There have been several differ- ent combinations of these unwanted aquatic wced species found throughout the ditches of Atlantic Beach. Some ditches having heavier and more persistent infestations. The Bid amounts for each Ditch have been derived from past experience working with the City Of Atlantic Beach. A Bi-Monthly visitation is necessary to keep the aquatic weed species under control. There may be additional visitations per month if environmental conditions hinder or foul any given herbici- dal application. Posting Notices advising area homeowners will be place in conspicuous areas near treatment sites. A revised monthly Service/Activity Report (enclosed) will be delivered at the end of the day oC visitation explaining what areas and which weed was treated. Trash Removal: will occur during the day of scheduled visitations at the following locations; City Hall Ditch System, Howell Park Ditch System, and Howell Park Lagoon. 1(there is any large trash such as tires, drums,or boards found in any of the other ditches, Vortex Biological will notify the Maintenance Director that day so arrangements can be made for proper removal and disposal. CITY OF ATLANTIC BEACH CITY COl0lISSION MEETING STAFF REPORT AGENDA ITEM: Ditchspraying SIIBMITTED BY: Robert S. Kosoy/Director of Public Works .'~~~ DATE: March 13, 1996 BACRGRODND: On February 18, 1996 we advertised in the Florida Times Union for bids to do the ditchspraying, which includes treating 17 ditches and 3 lagoons, the Florida Department of Transportation ditch for aquatic weeds b algae, and devegatating and defoliating the Selva Marina ditch from the 2nd bridge starting at Selva Marina Country Club, heading North and ending at the Fleet Landing bridge, also the Plaza ditch starting at Main Street and ending at Tulip Street. The additional work will help in the FDOT and Selva Marina ditches with the water flow and lessen the flooding problems. The bid were opened at 4:00 PM on 3/7/96.The following is a list of bidders and their quotas: The Lake Doctors,Inc Submitted no bid and stated that insufficient time has been allowed to formulate as accurate quote. Vortez Biological Svc.,Iac S25,008.00 Total to be paid in twelve monthly payments. 510,750.00 Defoliate b Devegatate oae time only. We have budgeted 514,000.00 for ditchspraying and 517,103.00 for ditch cleaning. We also receive 510,800.00 from FDOT to maintain their ditch. Therefore we have a total of 541,903.00 available for treating and spraying the ditches. RECOMMENDATION: Award contract to Vortea Biological Services, Inc. We need to have much of this work performed before we get into the rainy season. ATTACHMENTS: Bid specifications and bid from Vortea Biological Services, Inc. ~1L SM6ET6~ REVIEWED SY CITY MANAGER: \~ AGENDA ITEM NO. 7'J ,, LL __.7 n b 40{ _'~' ~~~ J ~_ ~~ »~ Der y z y 1~~ Y ~ y' !~s J~_~ 2 0 u 0 c ;~ ~wN v7;' idJ o` ~ o 1mLL 3 Z ~PP a N m'O~f1m mnPm NPNON N , oooo~ J-~vo mon-~ ~ ~ OQANh 81Q~81$ 7 Z ~ ;; N NNNN Y Le Rp~ _ JN rrNrO N YIrONm ~ ~ ~/ ~SA ~ ~ ~ n ~~~NO OOnn ONm~n n y •~ l ' y Y~C = i / E o° ' o ~ ac7hr~. -. om ~o r.uv~ ~ ~ 'p g ~ ~•c~ N m~fINN ooooo ~~~ ~ ~ ^~~~a ^~^a ~s~a~ ~~ 3 ~ e~_ ~ ~ I h io,~ ~ ~m •nq~ao Nplh O~ N ~ r LA a YZ oooo~ o~~o Y+on.-o ' ~ ~ ~` ~EJ O~yr~. ~o ~I~i+INN ;i0 o ~+ e a C c L n ~ N +rgan mryaN ~Y1N a_J t! ~~--NN nCYm ~NL-~P ~ ~ ~, ! I ~ IL O O pmOrN mOOm mOmNN ~ ~ r<,~mfO °VV 3 ~ ~ 9S5t4~~~ ~~R9 ~:y2~^ ~ag ~bt:,~~ 3 I~ ~ _ __~ ~ ` y±~ O GCO00 DODO OCOGJ C 1yyyy^ ~p.`1 ~ YJIYONO~~Q. 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(? rl N N a a a a s a s a a a w z z z z z z z z z z x F O a a a a a s a s a a a m z z z z z z z z z z 0 a w N q z p o 1n r~ m o v5 r ~ m 1n ~o m H M m .~ ro rl m m ,~ ,~-~ r m .ti F U W H H m ~D r-I l0 .-/ o lfl o O w v} yr yr yr yr yr yr yr ,-~ yr yr .~ ,7 rR rh a 0 u L U U 1J J-1 J-1 G G G G C C x x 5 x a x ro ro ro ro F la Sr N Sa H ~J1 (75 Ql (J1 ~ d5 ~ 16 115 fl$ a x ,~ ~ .~ ,~ ,~ ,~ u u ro o o ro F o ~ r, ~ ~ ,~ ~ .a -.a u -.a -a u Z 2 v N N N N Ol A A A A O H 3 3 3 3 3 3 7 7 sa 0 ~ H ~ .a q q q q q q U U N U U v a a a H ?1 51 Si 11 5/ SJ S-I 7.1 7.1 S-I SA N v US N v v N W v N u5 a a a a a s a s a s w u Q x u w ~o q q ~ ~ ~ v a5 >~ >, >. a ° ' H x N m m ,, v m rn x U U ~ N F rt O -~ 3 Q W W O 3 U Q G4 C S a 3 ~ > to ro U ~p a cn ro v v H -.~ >, H W x c~ w x v w w w -.+ u u m ~ u F z ro z z ~ W U (!1 U r-1 -'1 -rl m O N .a H V H H •.~ H o s > a w a ~ a a a > e5 z > m S 5+ V S F ro m U F ro m m a o a v u >. >, z v ,~ >. z v N a x H w ~ w m -- .~ ~+ q o .~ >~ u o u sa q F m ro ,~ -.+ -.+ z u u m w u o rt u w u -.~ p1 m .i ~ E E Q ro rt U a b rt u x w a ~ a m ~ a m ro a v a v a F U .7 7 a H C y -~ -- fa a H g W 1 [~ m i 27 ~ a U a~ U E O a.1 7 ..] a U .u U E 0 a.5 ~ z W u) . O F ro , i U [-. ~ Q ~~ •~ O H H r6 U O H r-1 a5 V O x U z W •~+ U1 ?~ U b 11 b u W v ~ L O ~ OS U R: a E ~ C ~ ~ U 11' a E ~ G ~ .-~ U q v N 1p O H 7 7 W W ,., O O O W O O O H tz 51: >~ F F S £ +~ ~ U U z a ~ U U 7. a N ~ a x o E o f a a E 3 U ~- U FIRST AMSNDMSNT TO CONTRACT WITS RSFIISS SSRVICSS, INC AND THS CITY OF ATLANTIC HSACH This First Amendment shall be effective on February 27, 1996, and is entered into by Refuse Services, Inc. ("RSI") and the City of Atlantic Beach. WITNESSETH: WHEREAS, the City and RSI entered into a Contract effective February 27, 1955 for the collection of solid waste and recyclable materials; and WHEREAS, the City and RSI desire to adjust the rate of compensation according to contract provisions. NOW THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the City and RSI do agree as follows: 1. Attachment C, Schedule of Rates and Charges. (Pages 60 and 61), Shall be removed and replaced by a new Attachment C, revised February 27, 1996, Schedule of Rates and Charges; (Pages 60 and 61). The revised Attachment C is attached herewith. 2. Except as specifically modified herein, all of the terms and conditions of the Contract shall remain in full force and effect. IN WITNESS THEREOF, the parties have duly executed this Amendment to the Contract the day and year first above. APPROVED AS TO FORM AND CONTENT: City of Atlantic Beach Municipal Corporation By: Allen Jenson City Attorney Attest: By: Maureen Y.ing City Clerk By: Lyman Mayor, Fletcher Neptune Beach Refuse Services, Inc. By: _ Title: Attest: By: Title: Jacksonville Waste Control 6501 Greenlantl Rtl. Jacksonville, Fbritla 32258 904Y260-1592 • FAX: 904/280-1449 March 5, 1996 Jim Jarboe, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 I~/// A Waste Management Company 1~ Subject: Solid Waete and Recycling Collection Agreement Rate Adjustment Dear Mr. Jarboe; This is to provide a copy of our proposed First Amendment to subject contract providing for a revised rate schedule, per our contract (Article ZV 10.20). Please review for correction and or approval by the City Commission and the Mayor. The contract provides for a rate adjustment on the anniversary of the contract (February 27th) based on the upward or downward change of the CPI, for all urban consumers. The non-disposal components shall reflect 70g of such change. The consumer price index (CPI) as reported by the Bureau of Labor Statistics; changed upward 2.7% for the twelve months ending January 1996. The increase in all collection rates will therefore be 1.89°s (2.7$ 70°s). A copy of the latest CPI is attached. Thank you for T.he opportunity to be a part of the Atlantic Beach solid waste program. Please advise if we may be of further assistance. Sincerely, ~ De ay e igou ivision President and General Manager a ow~s~on of Reuse Se^:^ces. I^.c CITY OF ,•Atla«tic ~iaek - ~lostda. as ~rN~ a~ -- .- _- ----- ATLANTIC BEAt7i, FI~RmM J321.i3MS TFI.FPFIONE (90q 2fFSN0 ~~ FAX (fM) 215105 MEMORANDUM .~ Date: March 20, 1996 ,~j ~~~ (J '" L' ; To: Jim Jarboe, City Manager From: Ann Meuse, Finance Director Subject: Annual Adjustment to Waste Management Contract Attached is an amendment to the Waste Management Contract fora 1.89°h increase in the rate schedule (70°k of 2.7%, the Consumer Price Index for the 12 months ended January 1996{ as allowed by Article IV 10.20 of the contract. I have verified the Consumer Price Index and the schedule of rates and charges appears in order. ~r 1 • _... •`.oa P. 01 KinderCarr February 15, 1990 City of Atlantic Beach Karl arunewr.W 800 3eminole Road Jacksonville, FL 32233 Doar Mr. Gruneweld~ Per cur wrwersation en Friday, February a 1996 repardlnp neminp the street In front of KlnderCare, I am writing to lerl you know we would not be QPPooed to naming the street Atlantic Court. If you have any 4uestlAna, rllr'A9r contact me 8t your earliest COnVen~ence. Sincar~ly, Kathy Hauelu!n District Manapcr KindwCwr- Leaminp Cenybrs. Inc. 4310 oarkoskie Rom •IaGrsOnv~lle, rl 322,ri8 3 a i i s S: t ~' _ _ _ J ~ -----1- 'i I . -- i ~' ' _ _ ~ ;I -; i ~, ,~ ~~.' ~~41;' ' ti° ~' A ,;h e ,~ H: ~m I~ If, yt'1 ~{`;O:J ' ~~~ 1 ... ...: it _.,, ' ^ ^' __ _ _ _. .. -I _. __. ~ ^ K',~~ ~' rtN t .e re ~ ~ 1 t _~ ~~ ~ -- -~! ~~ i I~ ~; ~ ~~ f ~ •a- ' L-- ~_ '~ ~ r--- ~ -- ~ ,`~_ I ' i..Vlr ~~ --1 ~ ' I ,~. .._ ,_~:. r f ~~~~, 's~ / n r ~ ,~ fr~...~' ' ; . _ J i a \ /~ /n } •_ R 1 e j .~~ i r~----11~T ~i 1 - I l.~ ` e ~' I' rMr e~ __ ~. ~ ~ y= ~. ~~- :.~-~~- -~ -I~ ~e _ ~s 1 j ~ I I 1 ai. u ~., __ ~ ~ ~ ~ r 1 MEMORANDUM TO: Jim Jarboe, City Manager FROM: George WoAey II, Community Development Director ~(,~~ DATE: March 11, 1996 SUBJECT: Street Name On several occasions Kart Grunewald has discussed with me the peat6ar sltuatton wlth regard to one of our streets. There is a short cu~de-sac operwng oR of Atlantic Boulevard that has no name. The street, as highkghted on the attached map, is defuptey a public street. It has, and apparentty never has, had a name. Kart and I have discussed this and we have concluded that a name such as Atlanic Court would be appropriate. Because creating a street name wiN necessitate a change of address for KinderCare we have irrtorrnalty asked their opinion. Attached is there posltive response. Such a project is certainty not a high priority, but ff you agree, Karl and I wiq follow through by individualy consulting the Mayor and Commissioners and preparing a draft ordinance. Please let me know your desire. ORDINANCE NO. 65-96-z3 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE NAMING OF A CERTAIN STREET LOCATED NORTH OF ATLANTIC BOULEVARD; ESTABLISHING THE NAME OF SAID STREET AS ATLANTIC COURT; AUTHORIZING THE MODIFICATION OF THE OFFICIAL MAPS OF THE CITY OF ATLANTIC BEACH TO REFLECT THE NEWLYADOPTED NAME. WHEREAS, The City Commission of the City of Atlantic Beach recognizes the need to cleatiy identify the official streets of the city, and WHEREAS, The City Commission of the City of Atlantic Beach desires to name a street currenty without a name, and WHEREAS, The name Atlantic Court has been proposed for this street, and said name is accepted by the City Commission. NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION 1. The cul-de-sac street ying approximatey 350 feet west of Aquatic Drive on the north side of Atlantic Boulevard shaA be henceforth known as Atlantic Court. SECTION 2. The City Manager is hereby directed to cause appropriate street name signs to be placed and maintained on that street as is commony practiced throughout the City of Atlantic Beach. Adopted on First Reading this day of , 1996 Adopted on Final Reading this day of , 1996 Lyman Fletcher, Mayor Approved as to form and correctness: Alan C. Jensen, City Attorney Attested: Maureen King, City Clerk AGENDA ITEM: Establishing a street name for an tirrnamed street SUBMITTED BY: George Worley II, Community Development Director (.~ (~ '"' DATE: March 20, 1996 BACKGROUND: The short col-de-sac street on Atlantk Boulevard, which Nes 3~ feet west of Aquatic Drive, has never been named. It was suggested by staff that thb atroet shook! be oficialy named and towards that end the owners of the only property which directly fionts that col-de-sac were contacted for their posRion on the matter. The District Manager of Kinder Care Learning Centers wrote back to us expressing approval of the proposed street name 'Atlantic Court'. As this is the ony property owner who would be required to change their business address, we consuRed no other owners or businesses. RECOMMENDATION: In consideration of the unusual aspect of an un-named street in Atlantic Beach and the acceptance of the proposal ty Kinder Care, staff reconxnends adoption of the attached ordinance on first reading. ATTACHMENTS: 1) Ordinance establishing the name Atlantic Court for the described cul- de-sac. ~~~ REVIEWED BY CITY MANAGER: p7 V AGENDA ITEM NO. UC Sec. 2-1~8. Powers. The code enforcement board shall have the powers as set forth in Florida Statutes $162.08. Sec. 2-1~9. Penalties; lien. Penalties and liens shall be as set forth in Florida Statutes §162.09. See. 2-150. Duration of lien. Duration of liens and foreclosure proceedings shall be as set forth in Florida Statutes $162.10. This provision shall apply to all code enforcement board liens whether imposed and/or recorded prior to or subsequent to the enactment of this ordinance. Sec. 2-151. Appeal. Appeals shall be as set forth fn Florida statutes $162.11." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of 1996. PASSED by the City Commission on second and final reading this _ day of 1996. ATTEST: MAUREEN KING LYMAN T. FLETCH£R City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney M ORDINANCE NO. 5-96-27 AN ORDINANCE OF THE CITY OF ATLANTIC $EACH, FLORIDA, AMENDING CHAPTER 2, AD:lINIBTRATION, ARTICLE V, BOARDS AND COtt?IISBIONS, DIVISION 2, CODE ENFORCEI4E21T HOARD, BY AMENDING sEC6. 2-146(a), JURISDICTION, 2-147, PROCEDi1RE; HEARINGS, 2-148, POWERS, 2-149, PENALTIES; LIEN, 2-150, DURATION OF LIEN, AND 2-151, APPEAL, TO CONFORI4 TO THE APPLICABLE PROVISIONS OF CHAPTER 162, FLORIDA BTATDTE6, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, secs. z-146(a) and 2-147 through 2-151 currently provide the jurisdiction, procedures for hearings, powers, penalties, duration of lien, and appeals applicable to proceedings of the Code Enforcement Board, and WHEREAS, Chapter 162, Florida Statutes, sets forth the prevailing state law regarding these matters to be considered by the Code Enforcement Board, and WHEREAS, the City Commission of Atlantic Beach desires to conform these ordinances to state statute and finds that the restriction of two (2) years to foreclose on a Code Enforcement Board lien currently set forth in Sec. 2-150 was either by mistake or clerical error and that therefore this correction of the statute of limitations to twenty (20) years as provided by state statute should apply retroactively. BE IT ORDAINED by the Clty Commission Of the C1ty Of AtldntlC Beach, Florida: SECTION 1. Secs. 2-146(a), 2-147, 2-148, 2-149, 2-150, and 2-151 of the Code of ordinances of the City of Atlantic Beach, Florida, are hereby- amended to read as follows: "Sec. 2-146. Jurisdiction. (a) The code enforcement board shall have the jurisdiction and authority to hear and decide alleged violations of the following: (1) City of Atlantic Beach Code of Ordinances; (2) Building codes as adopted by the city; (3) Standard housing code as adopted by the city; (4) State of Florida health code; (5) Florida state statutes; and (6) State, county and local laws and ordinances whose intent is to promote the health, welfare and safety of the citizens of the city. sec. z-147. Procedure; hearings. Enforcement procedure and conduct of hearings shall ' be as set forth in Florida Statutes §162.06 and §162.07. j/~ Y y g b °- t \~ 7~ ~ 7 ~< ~~ ~ ~? s~ @~~ s~ N ~a ~~ d ~~i~ V ~ W ~ ~~ 1~' ~ ~ ~ 7 c (cLl ee, a ~RC 9~ ~ N z ~~ EI s° g~ taS :e~ ~ ~° ~ _ ;~ ~~: ~ ~~~ b~ ~~~ E ~ W ggE `3 8` ~~ ~~ ~~ ]~ -~ ~~ O O w` ~ y P ~ o ~ ~ ~~ 7~ s s €s 3'3 ~~ 9 ~~ 3 ~ ~ ~ ~ ~ ~ R ~° ~ ~: ~~lt Y ~ ~ Y~~ Ng ~ ~ ~~ o 8.,~ ~ G`` .~ 3.,.3~ 9 &S ~~k~g . ~~g' a R ~~ ~ ~ :. ~' ~4~~ ~~~~~ ~~ setl~~ ~~ ~~ ~ 3~ i ~~ < s, ~ ~ ~~ ~~_ k g @_ ~ SS g> C r Y-~Y ~~ ~~~ ~ry ~g~g~E~~ ~~ 82 ~• ~F ~ ~t ~ :~ < ~ ~g a ~ ~~ ~ ~ ~ ~~ $ ~~ o~< - G s-~ ~°st J ° ~~ ~~ ~~~~ G ~~ ~ ~~6~ ~~ E>g ~~~ ~~~ °_~ ~a V~ aid <~ Qy~ h$~ V J < C tl~ fie- ~ gy a ~~ ~ yg 4 ~fi a R 3Y ~~ ~~ ~~ ~ ~C ~-?~ ~~~ ~ g~ 6? ~ ~ ~ V F < ~ V I ~? ~ ~ ~~ ' ~ ~ ~ ~~ ~ = ~~ ~~ ~ g~~ ~~~ .a y ~ J ~ , ~~ ~= ~^~ ~ ~~ ~~ ~ggT~ ~~ g ~~ ~~~ gR see -< ~ a - ~~ ~3e ~~ ~ ~~ z~~ ~S~ is a ~ ~ ., € V _ 6 O V V C .. v ~ ~ O V . v __ a: ~ i° ~ s ~ s ~ i ~ i°. i° a W S ~ ~ ~d~ s ~~ a ~ ~ ~ ~ s V ~ ~~~ ~ ~~ ~ ~ ~~ ~ ~ ~ ~ a ~ x ~__ yyS ~~ F 3 ~ ~ _ ~ - = - ` ON6~~fNV ~!N')OOO 017Y~~n ~~N K O O N O O O O ~ O O O O ~ N O O T (IJ W T O~ O~ O~ 6~ O` T O` O` O` O` O` C T O` O` 0 4 ~ `~~'ima°~ouNi1O1.'-°re'~aov~a'oo z ~ ~ a OOOi ~t NOD t~)t7~ O ANY O ~ W K N ~ S d ~ N ~ OtONN X001 e-'-~ r NhC7 CC ~ W ~ r Z ., W ~€ q N O O~ O O W O ~ 0 0 0 0 0 0l0 1A FN... ~ i n Li.. ~ Q o W W R m ~ ON Hf Nf~ON.-.-.-.-NhO t7 ~ o Q ~ ~o W Q ooh LL V O y ~ ~ ~N w ~W ~y a s ~ Z y o m IL Q ~ ~ ~ 0 W O; j K W V H ~ W W < N K a p Q U m~ rc Q Y J K '~ ~ W a ~ ~~ V J W LL W` Q ..1 V ~ N W W~ f V N W~ U y U WWJ V ~ W W W~ K !G~ ] W~ LL' W y 2~ ~ y 21 H N S LL V J MW Q W O a~ o 0 0 0~° o o ~~~=~dE ~` ~~~ 3e U ~ F~ N O 1~ 0 P' f O N N Y h N N N N Y I f ~ i ~ N V h ~ aO~~Ol~m01m a0 m W u > Yf ~f~Ot7 ~0i f4 Pi~OGOiGOG m h ~.-t901~NaD OeN~ NNNY~ff ~tON ~ r IV n N ~ a Q o F p NOO(C M r Of")000 r h017 (7 A r I~ O r iZ J 0 f S ~ r to O Y ~ e0 aD of ~ N e- O Y N r- ~ W A N J H ~ r z ~ ~ 2 ~ F O z~ w K W V y ~ ~ ~ W F 3 ~ N ] y` ~ V U V a V ~ ~ W N Q N V_ -~ V V O V N ~ K J W . % tll W W W K K N j W C a a LL' LL LL S f. fA ?~~ 1 m 7 V C r a N a a~ W T N W W d N W a O U W J 0 J J Q U r 2 CW C Q a W O W W W T~ i V W V Z Q `J r Q O a W 0.' 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In addition you will see a report showing current year 1996 as it compared to the totals for the same time last year, 1995. As indicated for the month of February 1996 the Fire Rescue Department responded to 107 calls for service. This figure is about up 29.9% from the same time last year (February 1995). 7'he average response time for the month is about 3.3 minutes and is well within the normal response time to calls within the city. Comparing our total year to date figures with last years totals, you will see that our call volume is up 24.7%. . This month our calls for medical related service is about 54.05% of our total call volume. This figure is slightly higher then the 50% last year same momh. The fire related call percentage for this month is about 3.60% which is about 2% less then the same month last year. There were no major fire losses during the month. City of Atlantic Beach City Commission Meeting Staff Report AGENDA ITEM: FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 1996 SUBMITTED BY: John Ruley, Fire Chief DATE: March 20, 1996 BACKGROUND Attached is a copy of the Monthly report and fire report data. RECOMMENDATIONS: To have this report part of the consent agenda for the March 25, 1996 commission meeting ATTACHMENTS: Copy of Fire Department monthly report and fire report data. / ~, RECEIVED BY CITY MANAGER: AGENDA TEEM NO. MFR-19-19% 12 13 HRkRELL COhtST CD 904 262 3414 P.05~ Page 2 MucL lg, 1996 pUBIdC SAFETY B1JO..DING ADiJ' ITTON Our exclusions are as follows: • City water eonnedion • Uttdeapvuod ptpm8 snore than 5'-0" from building wall Baekflow preveWCr PauRing • Alarm supervision, cetltral station alum setricc • Electrical wiring • Fire Extinguiahcts • Fire • hlsula>ion of piping • Paving or patching of concrete or asphalt Should aoy of the above be required we will be happy to provide a quotation to perfa'm them. ~Ve appreciate the apporumity to provide you with this budget and look ftuwatd w providitlg You with fi~ pricing when plans are completed. Sincerely, wIGL~IPON FfRE SPRINKI->:RS. B~C• /~~~~~ Sales Reptsseustive MCFlaeg MaR-lf3-1996 09:gg 904 268 7268 96i P.v;3 TfiTry n rK MRR-15--1556 1z~ 13 HF~!kELL CCrJST CO 504 262 3414 P. 04105 ~~~ ~a~ ~a~[~O~r~ ~~c~ March 18, 1996 Ms. Joan LaVake City of Atlantic Beach Purehastng lhpartmrnt 800 Seminole Road Atlantic Beach, FL 32233 RE: PUBLIC SALTY BUll.D1NG ADbIT10N Atlantic $cach. FI. Dear Ms. L,aVake: Wiginton fire Sprinklers Inc. is pleased to provide you with our budget price to firmisb aad install a complete dry pipe system of automatic fire sTiriaklers at the above referenced Itis budget proposal is based on the following: 1. Preliminary plate as provided to us by Harrell Conswuion Co. lnc. 2. Adequate city water supply in pressure and gallons to supply the proposed system. The system shall cm.a~.st of approximately fortyeight (68) chrome dry pendent type sprinl:lels to protect sll areas below the acoustical file ceiling and twenty-eight (28) rough brass upright sprinklers to protect the attic space. All pipe, fittings and hangers shall be in accordance with the latest editton of NFPA 13. The riser shall wnsist of a corrttol valve, dry pipe valve, air compressor, check valve, drain valve, fire department aonrtection, and all other ttecessary trimmings and gauges. A designated area along a exterior welt will need to be provided to accommodate the riser. Il1e system shall 1Te designed in accordance with NFPA l3 for s light hazard ocr.'uparrcy. The rystan shall temtirtatc at a point 5'-0" outside building watt Our budget price for this system as described above is Eigbteeo Thorrsaad Seven Atretdred Forty Nine IIbllan (518,749.00). fi7 GNFFNL-M0110~0 u ~hCJt50lIYILLE ROwOA Rig ~ rngrE ti0Q 1621107 r1 Fµ l~Oq array aapnpMµ ~YLI RaY1ea LOCQIOMi r¢aanera NOTI ras6aa O curl POSt rra.or a oauroo Ma>1 ~13{tf r011PAN0 aE~GM fr0'SI a1pCD]] U TAAM~ 16171 at}T'>'7 MRR-Ie-! 9r~ 69: 4a 904 26(1 7L69 `~ '. F. c_r2 MAR-19-19% 12 12 FKIRRELL CONST CO 904 2E2 3414 P.03~05 Fire Sprinkler March 18, 1996 Services, Int. xarrall Construction Co. Inc. 3948 Sunbeam Road, Suite - B Jacksonville, FI. 32257 Att: Mr. Ron vanDyke Ref: Public Saftey Building Addition Atlantit Beach Florida Fire Sprinkler System Budget Quote Dear Mr. vanDyke We wish co confirm to you our budget estimate to provide a Dry Pipe Fire Spriaklsr system fOr the above reference project, based on the folloring. Start at 5 fi. outside the building wall and extend G inch underground supply line co 1 ft. above the finished floor of the nee addition, instalY a complete Dry Pipe fire Sprinkler System to protect the first floor and attic area of the new addition. The budget includes the dry pipe valve, air compressor, lire department connection and all necessary components for the installation. We include chrome pendant sprinklers for the area below the finished ceiling rich coneaaled pipe in the ectic area and brass upright aprinklece for the attic apace. this estimate is based on adequate xater supply to xith-in 5 ft of the building call. WE EXCLUDED 1. City rater connection sad backflor preventor. 2. Underground supply main to xith-in 3 fc of the building. 3. Electrical or alarm tiring or systems. 4. Psiacing of pipe. OUR BUDGEI QUOTE IS: ( $ 10,800.00 7 She coat could be considerably less if the attic was conditioned to 40 degrees to prevent freezing and a rat pipe ayaten installed. We look forrard to hearing from you on this project. Yours truly, ~~ Robett F. lfattheva Jr. Pres. New SySt I~ Repairs anCl Se-viceS •Sa.. cw..a ewnwe..~.eae.w~. it.,~ae 3Tl! / ./.O. is i I7 n, .trese.w~ rw.idn ansF •nien. l~~ »staoo •sac Sfoy r~oa r h1RR-16-1946 17:34 904 723 381 94: P. 62 MAR-19-1996 Sz:lz FALL CONST CO 964 262 3414 P.02i05 ~ rcr t"~;! ~;rEJ rA,a%2 1 9 icy- awl+~U~uota vm Na.A•K',ap.I Mr per March 19- 1996 Mr. Ron Van Dyke Harrell ~:onstruction Corpany, Inc. 39~ti 9unHeaw Road Suite 8 Jacksonv..lle, PL 72257 RB: ADD:ESIOM TO pYiLIC >JiBwVICS III.DO. 11~TLitI1TIC ~ PIQIt $pQIMILLt3R Ql)0T11TION Dear Mr. Van Dyke, we propose to fnrniah all labor and materials to install rice sprinkle a at the above location. This facility will require: 1) One (13 aew utderground supply connected to the city supply (no tap fee is included in our price) 2) Ncw eight (6) dry pipe aprlnkleza to cover attic and area belo~+ our lnwp atlas price for the abGVe !s ~II(lt 'tP~1t~NOUaaMD PIYSY tTNVKN Of)yl~t9 1 ~j9, 057.00) . We appreciate the opportoaity o£ subwittinq this Quotation and look forwacd to your response. Very titl y u a, C. Allen bender Vice-pr etideat/General Manager 4549-7 ST. AUGUS7INE ROAD • JACKSONVILLE, FLORIDA 32207 904-367,8555 • FAX 904-367-0708 Mpg-19-1996 11:26 ~: P.~ MRR-19-19% 1211 HALL. CDNST CO 904 262 3414 P.01i05 F A X T R A N S M I T T A L Harrell Construction Co. Inc. 3948 Sunbeam Road, Suite 8 Jacksonville, Florida 322S7 Telephone Nuaber (904) 268-5518 Fax Nuaber (9041 262-3414 Tos CITY OF ATLANTIC BEACH ATTNS JOAN LaVAKE-PURCHASING Ph. Number: 247-5818 Fax Nuaber: 247-5819 Fron: Ron Van Dyke Date: 03-19-96 Res BUDGET QUOTATIONS FOR FIRE SPRINKLER PROTECTION, NEW PUBLIC SAFETY BUILDING ADDITION ATLANTIC BEACH, FLORIDA ______°______~_____°~_°__°_---__=____________~_~_ =mss:=~ PLEASE FIND ATTACHEDt QUOTATIONS FOR FIRE PROTECTION 1. Fire Protection, Inc. (1 page) 119,057.00 2. Fire Sprinkler 6ervices, Inc. (1 pager (10,800.00 3. Wiginton Fire Sprinklers, Inc. (2 pages) 118,749.00 If you have any questions, please call. Trust this sill provide you with the infareatian you need. THANKS THANKS THANKS THANKS This fax consist of 5 pages including this cover page. Please advise this office if received in error or if unable to read this transaittal. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Safety Building Bids SUBMITTED BY: David E. Thompson, Director of Public Safety DATE: March 19, 1996 BACKGROUND: At the last City Commission Meeting, Commissioners expressed some concern with the fact that the low bidder for the proposed construction did not provide a bid for the fire sprinkler system. The bid for the sprinkler system was an alternate. The Commission authorized staff to seek quotes for sprinkling the new construction for the proposed building. Three quotes were received for this work, and they were obtained and provided by Mr. Ron Van Dyke of Harrell Construction Co., Inc. However, the quotes arc not being submitted by Harrell Construction Co., Inc. as a part oftheir bid. The quotes ranged from $10.800 to $19,057. These quotes indicate that the City can have the sprinkler systems installed, and Harrell Construction Co., Inc. will remain the low bidder. Bid from Harrell Construction Max Sprinkler Quote Total Bid from Nooney Construction Sprinkler Add Alt 3 Total $190,219 Building and renovation $19,057 $209,276 $193,500 Building and renovation $22,450 $5,500 5221,450 As an alternate, there was no requirement for companies to submit a bid on the sprinkler system. This is consistent with past purchasing practices. Harrell Construction Company met the bid requirements, their references checked out well, and they submitted the lowest bid on the project. RECOMMENDATION: We recommend that the City Commission award the bid for the expansion and renovation of the Public Safety Bui~ g to Harrell Construction Co., Inc. ~' , REVIEWED BY CITY MANAGER: ~~ r AGENDA ITEM: °- ITY OF ~aatle f~eac! - ~fou'da ~XII~~~IIIi~C~tIIIt \C11i~-KI~.AS. ihr ux of parliantrntar~ procrdurr in the mreungs ut prisatr and puhhc of e;utiiations in this rounm- pannotrs ordrrl~ drlihera[ion and protects hoth indisidual ri~,ht. and m:gorth rule. eudmal ptinriplr, of tocernance in the t ~nited States. and \\III~Kt_,AS April is ihr hirth numlh o(~1lunnas Jetlenon, the author of Qu first n,ntpu•hrmi~c manual on p:uli;uncrnan ptanc~c in This counuc. and \\ III KI \~ ihr nuntih n( \pnl ha. hrrn drsi~~natrd a, Patli;uncm:tn I tul?ha.i. \t,mth b~ the ~rnatr :ut,1 I I,anr .,I Krptc.rnGUnr, td~ thr 1 nerd SCric, ot~ \ntrnca in (,*nntr.. aa,cmhlcd \OA1 1111 KI~IUI:F_ L I vn:ut l Flrichet_ h~ ~inuc o~ Ihr authont~ ~rsicd m ntr as \1a~,~t ,~(thc (n~ „f ~Vl;uuic licach du hr~nc~ pnxLnni fHl~. A1O1111 OI~ APRII- Iv~k> \S I' \kl I,\\11 \ I .\Rl f.\11'I1,\SIS \1O\ I II and ui~-r the pr„plc o~ Iitr ('tt~ otAllantic Beach to ohser~e the month ~~ith apptupnatc crtrnuatirs. pnu~i;un>. and acticitirs to advance democratic pn,crsses and etlicirnt oreamatunn ,~t nx•rtin_. tlunueh p:ulruncnt,n~ pt ac lice I \ \\' I T \ F: S S \1 H f =R 1.OI I h:n r }trl cl,, ,r[ ntv hand and caused the official >ral of the (itc of Atlantic Beach to he afli~ed Ihi. _~th dac of \larch I't'th 1111:\\l Il l l( IIFR \lacoi If any person decides to appeal arty decision made by the City Commission with respect to any matter considered at arty mceting. wch person may need a record of the proceedings, and, for wch purpose, may creed 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 wbmit 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 Chambers. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities nceding spacial accommodation to participate in this meeting should contact the City Clerk's office no later than 5:00 PM, March 8, 1996. Page Two AGENDA March 25, 1996 B. Ordinance No 65-96-23 -Introduction AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE NAMING OF A CERTAIN STREET LOCATED NORTH OF ATLANTIC BOULEVARD; ESTABLISHING THE NAME OF SAID STREET AS ATLANTIC COURT; AUTHORIZING THE MODIFICATION OF THE OFFICIAL MAPS OF THE CITY OF ATLANTIC BEACH TO REFLECT THE NEWLY ADOPTED NAME New Business: A. Authorize execution of First Amendment to Contract with Refuse Services, Inc. B. Award contract to Vortex Biological Service, Inc. for ditch spraying at the bid price of $10,750.00 and monthly maintenance of ditches (one year) $25,008.00, pursuant to the specifications of Bid No. 9596-9 C. Authorize expenditure of $32,212.00 for manpower expenses related to the College JamSplash D Approve waiving bid procedures and authorize the purchase of a used Jeep for Lifeguards E Authorize the Mayor to execute contract with Gruhn May, Inc. for construction of water line connection to Oceanwalk F. Approve Change Order No. 2 in the Saltair Subdivision Utility Improvements in the additive amount of $4,600.00 G. Authorize two additional months of professional services during construction of the Saltair Subdivision Utility Improvements H. Accept grants of easements for the Mayport Road Water Main Extension project and authorize the Mayor to execute the easement documents I. Authorize execution of contract with England, Thins and Miller for engineering services in connection with stormwater, water, sewer and paving project from First Street to Saturiba Drive 8. Ciry Mansger Reports and/or Comspondence: A. Status report on Capital Improvement Projects B Report and recorrm~ertdations relative to improvements in the purchasing procedures C. Report on the status of construction of 16th Street beach access 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment CITY OF ATLANTIC BEACH March 25, 1996 AGENDA Call to order Invocation and pledge to the flag Approval of the minutes of the Special Called Meeting of March 11, and Reeular Meeting March 11, 1996 2. Recognition of Visitors: A Presentation of Proclamation declaring April as Parliamentary Emphasis Month Unfinished Business: A Appointment to the Tree Conservation Board B Appointments to the Cultural Arts Boazd (1) and Recreation Advisory Board (1) C Accept the bid of Harrell Construction in the amount of $190,219.00 for remodeling the Public Safety Building pursuant to the specifications of Bid t~'o 9596-6; authorize the City Attorney to draft a contract for this work: authorize the Mayor to execute said contract D. Approval of Change Order No. 4 on Atlantic Beach Wastewater Treatment Plant Expansion Plant Project in the additive amount of 515,651.00 4. Consent Agenda: .A Acknowledge receipt of Fire Department report for the month of February B Acknowledge receipt of Public Works Projects Status Report Action on Resolutions: 6. Action on Ordinances: A Ordinance No. 5-96-27 -Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLUR[DA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE v, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, BY AMENDING SECTIONS 2-146(a), JURISDICTION, 2-147, PROCEDURE; HEARINGS, 2-148, POWERS, 2-149, PENALTIES; L[EN 2-150, DURATION OF LIEN, AND 2-151, APPEAL, TO CONFORM TO THE APPLICABLE PROVISIONS OF CHAPTER 162, FLORIDA STATUTES, AND PROVIDING AN EFFECTIVE DATE day intervals until: a) performance has improved and the overall rating is at least Satisfactory or; b) you have reason to believe that the employee's overall performance in the class to which assigned will not improve to a level of at least satisfactory. At this point, appropriate disciplinary action may be initiated up to and including termination. 3. If the probationary period of an employee rated as below satisfactory has been extended and the maximum length of time permitted foz a probationary period is reached, removal of the employee from the class may be necessary. -70- that position. 2. The rating scale to be applied to each job factor consists of satisfactory, above satisfactory and below satisfactory. An explanation of each value is found on the evaluation form. 3. Onable To Appraise should be indicated for duties not regularly assigned to the position held by the employee being evaluated or for duties which were no[ performed during the current performance evaluation period. Section C. Overall rating. 1. An overall rating of job performance is to be indicated in the appropriate space, based on the collective ratings for the job factors listed in Section B. 2. In determining the overall rating, give greater value to the job factors which are more important in terms of total job performance, as well as required job skills, tasks of the employee and the impact on the work of other employees. Section D. Explanation of above satisfactory and below satisfactory. 1. All ratings of Above Satisfactory or Below Satisfactory must be fully explained, with specific examples given. 2. The extent to which performance exceeds or fails to meet job requirements should be clearly described. Section E. Performance improvement plan. 1. This section is to be used for development of a plan for improvement of employee performance or for career development and may be applicable for employee whose overall performance falls in any of the three rating categories. 2. The plan should include the objectives or goals toward which the employee will be working, methods for achieving those objectives, and the anticipated completion date for each objective. Section r'. Signatures. The rater, reviewer, and employee being evaluated must sign the form in the appropriate space. The rater must advise the employee that it is permissible for him/her to attach comments to the form. If he/she wishes to do so, the space below the employee signature which indicates this must be checked and comments attached. Overall rating of below satisfactory. 1. When an employee's overall rating is Below Satisfactory, another evaluation of job performance is required within ninety (90) days after the date of the performance evaluation conference. 2. Performance evaluations will continue to be made at ninety (90) -69- than five (5) working days after the end of probation date. C. Annual. This shall be twelve (12) months from the date of last evaluation, to be defined as the performance evaluation date. The completed form is due in the personnel office no later than five (5) working days after the annual evaluation date. D. Below satisfactorv evaluation. Within ninety (90) days after an overall performance evaluation rating of below satisfactory is given. IV. TR F. PERFORMANrE EVALUATION A. Conducting and reviewing the performance evaluation. 1. The rater shall be the person to whom the employee normally reports. The rater shall complete the employee performance form and discuss it with the employee. In those cases where an employee may be assigned work by various supervisors, one supervisor shall be designated as the rater and shall make rating decisions after consulting with others for whom the employee has performed work during the evaluation period. 2. The department head shall be the reviewer. All ratings must be reviewed. Before the reviewer signs the form, any differences of opinion should be discussed and resolved. The reviewer shall not change the original rating; however, unresolved differences may be noted by comments on [he evaluation form by the reviewer. 3. Upon completion of the review by the department head, the city manager shall have final approval of all evaluations. B. The performance evaluation conference. 1. Review the employee's job specification prior to the conference. 2. Attempt to choose a location where you will not be interrupted for the conference. 3. First, discuss the employee's strong points. Discussion of the employee's strong and weak points should be a foundation for development. At this point, a program of suggestions and improvements should be outlined in Section E, Performance Improvement Plan, of the Performance Evaluation Form. 4. Evaluations for an employee should always be based on observable, objective facts. 5. Review [he performance improvement plan with the employees. C. Completion of the employee performance evaluation form. Section A. General information. Fill out all spaces as instructed. Section B. Performance factors to be evaluated. 1. Each job factor should describe a tangible, observable action or series of actions. Upon assignment to a position an employee is to be given a list of the job factors pertaining to -68- EXHIBIT C CITY OF ATLANTIC BEACH PERFORMANCE EVALUATION PROCEDURE These procedures have been developed to implement a performance evaluation system to be used in evaluating employee performance and in making employment decisions. The system shall include mandatory annual performance evaluations of all bargaining unit employees covered under this Agreement. A copy of the written performance evaluation shall be provided to the employee who is being evaluated and discussed with the employee. The employee may make any written comments concerniny the evaluation and the comments shall be made part of the employee's employment record. The purpose of these procedures is to provide a uniform system of performance evaluation for covered employees. I. OBJECTIVES A. The primary objective of this employee performance evaluation system is to provide for improved employee performance. B. The system will also provide; 1. better communications between employees and supervisors; 2. better understanding of job duties and responsibilities; 3. identification of training needs, and; 4. supportive documentation for merit and disciplinary action. ZI. PFRFOR~LANCE EVALUATION FORMS A. The original completed performance evaluation form is to be forwarded to the personnel office for placement in the employee's official personnel file. The department head, or his/her designee, is responsible for providing the employee with a copy of the completed form and for retaining a copy for the department file. III. pFR"ORMANCE EVALUATION DATES A. Mid-wav through the orobationarv period. In most cases this will be three (3) months from the time the employee is placed in probationary status. The completed form is due in the personnel office no later than fifteen (15) working days after the mid-probation date. B. At the end of probation. This evaluation must be completed no earlier than the beginning of the final month of the probationary period and no later than ten working days prior to the last day of the probationary period. In most cases, the probationary period is six (6) months. If the probationary period is extended, the personnel office must be notified immediately. The completed form is due in the personnel office no later -67- ERHIBIT $ CITY OF ATLANTIC BEACH JOB CLASSIFICATION/PAYGRADE 102 General Maintenance Worker I 103 General Maintenance Worker II Meter Reader Utilities Worker 109 Lead Maintenance Worker/Driver Lead Utilities Worker Utility Plant Operator - Trainee 105 Dispatcher Crew Chief 106 Mechanic I Heavy Equipment Operator 107 108 Mechanic II Water/Wastewater "C" Operator 109 Lead Utilities Plant Operator (Dual Certification) Maintenance Foreman -66- ERHIBZT A C12y OP ASW7YIC BYACY SdAIS PAS P3,AN OetoMr 1, 1995 Y~Sleeu Annul/Yearly RYU9 awe. -. / 7 ::. >. 5 - :i: f ;, 3 s ..:: 7 ;: f 1 fe -:. // ..1: ;s: 9a :: fa ,~ -:: /r ;> '; tlp; sf].936m fH,]S9.m :1.,761.70 31s,22e.2. f15,e6'S.m fM,/53.N (16,610]1 67,13952 St].6S1.]t fte,f61.]7 f1e,12e.e2 f/9,A0.e0 i19.0o5.Y IIO.YS.Y >s.ro t6.ao 1711 a.7z n.s1 s].n fe.m se 2. w.Y Y.]. te.m w~] w.s6 fY0/ 7af1s.A.eD {13,601.7] f16,15~01 S16N7.2 :1],1]6.35 il].e3oM il0.te0.16 ite.l25 s] f1B,2e).11 f18,e1i5% f20,Y193 f21,013ro wt,ros.m w7,35e.31 s].a2 5].51 sr.n w.m Y.2. w.Y sb.]. wm w.n w.ss Wet s1o.13 slaw s1a7s -'tM f14917.m 3163eo.Y f/6,eet.d 51],36].Q 117.9m.10 fte,ue.7r 316,999.76 519.5691s (20,156.65 {20,]6L55 f21,3M.Y f27,023.93 f72m671 ftt,]67.31 f7.65 f].m w-12 16.36 w.61 fe.67 w-13 3911 39.CA so_tb s10I0 :1059 fi0.91 :11.77 ~~-:.fYY:~~f/Y.s56.eo 117.05].50 117,365.11 i1o.1MLm :(0,871 l2 :19,1(0.67 N9.ro9.m 120,]62.70 SN.91]Y i21.7AQ.e] :77,250%372,91e.Y fA.0tAm iN,fH9 s7.9a sam t0.Y se.ro 7e.w ws+ w.so s9.n slow (+6.39 floor sltm s1/.1S sll.m ~,: ~fM~~?ilr,iet.eo N7.7/7SS f1e]Y.1e s1Y.79e.E3 f19.3eYSS f19.9.vr we,sl9s1 cuss eo u1.]90.] s?2.M..19 fzs.11]s1 s27.en.a YN.eY.e7 (25.261.:7 Qe,Ole.96 Ym f6sx wn w.a w.m w.w w.e7 s1o.n s1n.Y s1nn :11.11 sn.Y sn.79 s1z1. f17s1 '.~7~:: {10.073.66 f1e,57..61 (19,1]1.65 719.703.60 370.216.Y 170.96506 wI,SSim 527,11905 :22,61...2 (21,529 ]6 f2.]35.65 f2(f67.T2 123,7/1.60 i76,Y295 i27,777.M Y.67 fe.R w10 w.17 w.16 f10W f1033 f1o 66 1(096 :11.31 311.65 f17.W 112.]6 31277 :17.1/ 1m.~~ ~i10.0]O.Y {20.6]1.31 f21~50.23 (21,667.]6 f22.5M.39 :77X20.71 f7J.91].35 w!671.0] (25.373.91 (16,135.13 J26,919.10 117,716.78 316,Sm.58 f29,.15]7 '"'i¢ w.6] w.91 (10.72 {10.32 S10M i/t.i6 111.60 111.61 f11.20 51258 31181 ft].n 113.73 f16. t. ~' 1m~~~1z1,Om.m w1,e7ez1 iu,ie1.39 371,966.01 t13.eu 69 321,351.W 325.061.65 325.61).19 316.61111 f2)110m 12e,271.m f7B.o76s9 f29,962Je (]4650.96 f7/,776.Y {10.10 f10.Y 31071 (1101 311.7] 311 i1 112.m S1N2 31279 31].10 Ii].37 317.96 HLY N167 (1326 -65- SZGNATORE PAGE ZN WITNESS THEREOF, the parties have caused this Agreement to be signed in their respective names by their respective rep esentatives and have executed this Agreement this ~_th day of /~L. , 1996. FOR THE UNION: Wi ram A. Worsham Business Manager, Local 630 f ck Baldwin Negotiator, Local 630 Desmond Green Negotiator, Local 630 /?~` v Troy S phens .~ Negotiator, Local 630 ATTEST: l Q~C 2eC-r.~~ '~ ,,~ City C erk -69- FOR THE CI Jim arboe City anager ARTICLE 34 DURATION OF AGREEMENT This Agreement shall commence and become effective on the October 1, 1994, and shall continue in full force and effect until midnight of the thirtieth day of September 1997. If either party desires to negotiate a successor agreement, it may do so by giving the other party written notice to that effect The Union may reopen three (3) Articles of its choice in 1995 and 1996 and the City may reopen three (3) Articles of its choice in said years. If either party desires to reopen, it must do so by giving the other party written notice to that effect. -63- ARTICLE 33 ENTIRE AGREEMENT 33.1 The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Public Employer and the Union for the duration of this Agreement each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargaining collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the same time they negotiated or signed this Agreement. -62- ARTICLE 32 SAVINGS CLAUSE 32.1 The Public Employer retains all rights, powers, functions and authority it had prior to the signing of this contract except as such rights are specifically relinquished or abridged in this contract. -61- ARTICLE 31 SEVERABILITY 31.1 In the event any Article, Section or portion of this Agreement should be held invalid and unenforceable by any court of competent jurisdiction such decision shall apply to the specific Article, Section or portion thereof specified in the court's decision; and upon issuance of such decision, the Public Employer and the Union agree to immediately negotiate a substitute for the invalidated Article, Section or portion thereof. -60- ARTICLE 30 JOB QUALIFICATIONS AND PROMOTIONS 30.1 Whenever a job opening occurs, other than a temporary opening, in any existing job classification, or as the result of the development or establishment of a new job classification, a notice of such opening shall be posted at least five (5) calendar days in advance on all Public Works bulletin boards. A copy of the notices of job openings will be given to the appropriate union steward at the time of posting for posting on all other authorized bulletin boards. 30.2 For the purpose of this Agreement, a vacancy shall be defined as an opening within a classification included in the bargaining unit (Exhibit B) for which funds have been appropriated. 30.3 Whenever a vacancy is posted, employees desiring to be considered for such vacancy shall make written application for the position on a City Employment Application no later than 5:00 o'clock PM on the closing date set forth on the posted announcement. The Public Works Director shall interview all applicants prior to filling the vacancy. 30.9 The Director of Public Works shall make all determinations of the qualifications of the applicants applying for open or promotional positions, provided such determination is limited to those factors required within the job specifications for the position being filled. Among current employees determined to be qualified to perform the work required, the employee having the most seniority with the Public Employer shall be appointed to the position. Employee's covered under this agreement who apply for any open or promotional position within the bargaining unit shall be promoted over other applicants, provided all applicants are equally qualified for the position. 30.5 Nothing in this Article shall be construed as precluding employees within the bargaining unit from applying for other vacant positions within the City of Atlantic Beach. -59- ARTICLE 29 SENIORITY 29.1 Seniority shall be defined as the length of continuous employment with the City of Atlantic Beach. Seniority shall be acquired by a full-time employee after satisfactory completion of a six (6) month probationary period, at which time seniority shall be retroactive to the first day of employment. 29.2 In the event of a lay-off or reduction in force, employees shall be laid off in the inverse order of seniority within job classes. Employees laid off shall have the right to bump or replace an employee with less seniority in a lower classification for which the employee is qualified, provided said employee has previously held such a position within the City and can perform the established functions of the current job description. 29.3 Whenever an employee is demoted to a position for which he is qualified, he shall receive the salary performance level in that lower range which provides either no decrease or the smallest decrease in pay, if the action is not for cause as outlined in Article 9 of this Agreemen~. 29.9 In regard to overtime and vacation, seniority will be defined as the length of continuous time in any specific classification. If an employee is involuntarily transferred from one department to another in the same classification, he shall carry with him both the City and job seniority that he has already acquired. 29.5 Seniority shall accumulate during periods of approved leave of absence where the employee remains in a pay status. Seniority is not broken when an employee is on an approved leave of absence without pay, but seniority does not accumulate during this period. 29.6 Seniority shall be broken when an employee: (a) Resigns; (b) Is discharged for just cause; (c) Exceeds an authorized leave of absence. -58- (d) Phencyclidine 25 ng/ml PCP 25 ng/ml VC/MS (e) Marijuana Metabolites 100 ng/ml Total ng 15 ng/ml Delta 9 - THC (f) Barbiturates 300 ng/ml 150 ng/ml When alcohol screening is required under the provisions of this policy, the standard which shall be used to determine what level of alcohol shall be considered as positive shall be: .04 grams per deciliter. -57- search, provided that at no time will any employee be searched by or in the presence of a member of the opposite sex. Further such search shall be in the nature of a "pat-down," and shall take place in a location so as not to unnecessarily embarrass the employee. An employee's refusal to cooperate with or submit to a search may be treated as serious insubordination that warrants immediate discipline, including discharge. I. All employees who must use a prescription drug that causes adverse side effects (drowsiness or impaired reflexes or reaction time) shall inform the City that they are taking such medication on the advice of a physician. It is the employee's responsibility to inform the City of the possible side effects of the drug on performance and expected duration of use. J. Except as stated in subsection E of this Article, the cost of drug and alcohol screening tests shall be paid by the City. K. The City retains the right to maintain discipline or invoke disciplinary measures in the case of conduct which may result from or be associated with alcohol or substance abuse. L. Decisions of an arbitrator under this Article shall be limited to a determination of whether or not the City had reasonable suspicion, and whether or not the employee was under the influence of alcohol or drugs, and not the disciplinary measures imposed by the City. 28.3 When drug screening is required unc.er the provisions of this policy, the following standards shall be used to determine what levels of detected substances shall be considered as positive: (a) Amphetamines 1000 ng/ml Amphetamine 500 ng/ml GC/MS (b) Cocaine Metabolites (c) Opiate Metabolites 300 ng/ml Metabolite 300 ng/ml Morphine 150 ng/ml GC/MS 300 ng/ml GC/MS -56- explanation as to why the employee's explanation is unsatisfactory, along with the report of positive results, shall be provided by the City to the employee. E. In the event the City requests that an employee submit to breath, blood, urine and/or other tests and the employee chooses not to submit to such test or tests, the reasonable suspicion to believe the employee was under the influence shall be justification for discipline, including discharge. F. If the employee submits to the tests and the results indicate alcohol or drug use (other than as indicated in Section A), the employee shall be discharged or suspended without pay at the discretion of the City. After thirty (30) days have passed, a suspended employee desiring reinstatement shall, upon written request be given the opportunity to submit to further blood or urine drug/alcohol screening tests, at the employee's expense. If such tests indicate the absence of alcohol or a controlled substance, the employee may be reinstated at the discretion of the City. In the event forty (40) days have passed and the City has not received the written request signed by the employee, to take the alcohol or substance abuse test, or the employee has failed to take such tests at a time and location designated by the City, the employee shall be discharged. An employee who is reinstated under this Section shall be subject to random testing during a two (2) year period following the initial test. Should such employee test positive during this two year period he shall be discharged. G. An employee may be granted a one time leave of absence without pay not to exceed sixty (60) days to undergo treatment for alcohol or substance abuse pursuant to an approved treatment program. No employee benefits shall accrue during this period. The request must be voluntarily made in writing prior to the institution of disciplinary measures for alcohol or substance abuse. H. The City has the right to search lockers, handbags, lunch boxes, other containers, or other personal effects of employees at any time provided the City has reasonable suspicion, to believe that an employee possesses or is under the influence of drugs or - alcohol. If deemed necessary by the City, the employees themselves may be asked to submit to a -55- ARTICLE 28 ALCOHOL AND DRUG TESTING 28.1 Both the City and Union recognize that drug and alcohol abuse is a growing problem among our nation's work force. The City and the Union also recognize the tremendous cost, both in terms of efficiency and in human suffering caused by needless workplace accidents. Acknowledging the necessity for action, the following Alcohol and Drug Testing Program is hereby initiated. 28.2 A. P.11 applicants may be subject to drug and alcohol testing. B. All bargaining unit employees may be subject to drug and alcohol testing as part of an annual physical examination. C. In the event the City has a reasonable suspicion to believe that an employee is under the influence of drugs or alcohol cn duty, the City may require that the employee submit to breathalyser tests, blood tests, urinalysis, and/or other appropriate testing. Should the employee test positive to a drug test, the City will utilize a confirmatory process before instituting action. The City's Medical Review Officer (MRO) must review all confirmation tests, positive and negative. Within five (5) working days after receipt of a positive confirmed test result from the testing laboratory, the City shall inform the employee in writing of such positive test results, the consequences of such results, and the options available to the employee, including the right to file an administrative or legal challenge. For purposes of this Article, reasonable suspicion must be based on objective facts and rational inferences. The City shall provide to the employee, upon request, a copy of the test results. D. Within five (5) working days after receiving notice of a positive confirmed test result, the employee will be allowed to submit information to the City explaining or contesting the test results. If the employee's explanation or challenge of the positive test results is unsatisfactory to the City, within fifteen (15) days of receipt of the explanation or challenge, a written -59- submit the grievance at Step II, however, The evaluation rating of an employee under this Article is within the sole discretion of the City and thereby is not subject to the grievance or arbitration procedures of the contract. Evaluation for satisfactory service shall be standard in writing throughout the bargaining unit with each activity using the same evaluation form and procedure as set forth in attached Exhibit C. 27.5 Any employee covered by this Agreement who is temporarily required by the Director of Public Works or his designee to perform the duties of a higher classification shall receive pay at a rate of five (5) percent above the employee's regular rate of pay, provided that: (a) The duties and responsibilities of the higher classification are assumed in full for a minimum of one (1) eight-hour working day, and; (b) The working out of classification pay is approved by the City Manager or his designee prior to appointment of the employee to the higher position. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the higher classification. -53- 27.9 Advancement within merit step plan. There shall be no additional step movement for the remainder of the fiscal year effective the date the City Commission approves this Agreement. A. Except as set forth below, advancement within the merit step plan shall occur no sooner than twelve (12) months from the employees date of hire or date of last increase, provided the employee receives a satisfactory or above rating from his Department Head, and such advancement is approved by the City Manager. Thereafter, employees who have previously advanced to the top step of the pay plan shall be eligible for an annual three (38) percent bonus twelve (12) months from the date of their last increase. The annual bonus shall replace step movement and shall be contingent on continued satisfactory service. The bonus shall not be paid in the employee's base rate of pay, rather the bonus shall be paid in a lump-sum payment on the employee's anniversary date. For the purposes of this plan, the date of last increase shall be the most recent date upon which any of the following actions occurred to an employee: Date of promotion. Date on which an employee received a step increase. Cost of living adjustments or general increases shall not be considered as the date or last increase. B. For purposes of determining whether or not the employee has satisfactorily performed services for the City for advancement in the step plan, the Department Head shall notify the City Manager of the Department Head's evaluation, with his recommendatior. for any step increase. If the employee's performance has not been graded as satisfactory during the applicable time period, the employee's advancement may be delayed pending improvement. Employees who have had their step increase delayed shall be reevaluated at least quarterly, or earlier if improvement is noted. The employee shall be advised in writing as to the reason his step increase was not granted at the usual time and if the employee feels the evaluation procedure was not followed, he may invoke the grievance procedure and -52- ARTICLF. 27 WAGES 27.1 Effective October 1, 1995, Eemployees covered by this Agreement shall have their pay increased as provided by the new pay plan, herein attached as Exhibit A, and shall continue therefrom in accordance with the terms and provisions of this Agreement. 27.2 The Job Classification/Grade Chart is set forth in attached Exhibit B. 27.3 Entrance Wage Determination/Demotion: A. Original appointment to any position, or the appointment of a current employee to a new and different position, shall normally be made at the entrance rate and advancement from the entrance rate to maximum rate within the pay grade shall be by successive steps. Upon recommendation of the Department Head, the City Manager may approve initial compensation at a higher rate in the range for the position when the needs of the City make such action necessary. 5. Except as provided in the second sentence of thin subsection, when an employee is demoted to a different position classification, he shall receive the pay rate in the lower pay range of the new position which is deemed appropriate by the Department Head. Provided that, should the demotion be the result of non- disciplinary action (e.g., a reduction in force), the demoted employee shall receive the rate in the lower position classification pay range which provides the smallest possible decrease in pay. Employees demoted for non-disciplinary reasons shall if possible be reassigned to other duties commensurate with his/her qualifications for the position. The Employer will make a reasonable effort to reassign the employee in accord with the provisions of this section. C. When an employee is promoted to a classification with a higher base rate of pay, the pay rate of that employee shall be the lowest step in the higher range that will provide at least a five percent (58) increase over the rate received immediately prior to promotion. -51- ten (10) working days prior to the effective date of change. Copies of the proposed changes will be forwarded to the Union along with the above notification. After finalization, a copy of the revised specifications shall be forwarded to the Union as soon as is possible. -50- ARTICLE 26 CAREER DEVELOPMENT 26.1 Upon presentation of an official transcript and proof of degree to the City Manager, each employee in the bargaining unit who receives an associates degree from a accredited college, which degree is determined by the City Manager as applicable to the employee's job responsibilities with the City, shall receive a SS0.00 per month career development incentive. 26.2 Upon presentation of an official transcript and proof of degree to the City Manager, each employee of the bargaining unit who receives from an accredited college or university a bachelor's degree, which degree curriculum is determined by the City Manager to include a major study concentration area readily identifiable and applicable to the employee's job responsibilities with the City, shall receive a $100.00 per month career development incentive. 26.3 Employees receiving Career Development monies shall receive monies as accorded them under either Section 26.1 or Section 26.2. They shall not receive at the same time monies afforded from both of these Sections. 26.4 Additional Class A, B and C State licenses recognized by D.E.P., (Not Certifications), obtained by Water and/or Wastewater Treatment Plant Operator's will be recognized by the payment of an annual one-time lump sum payment of 5500.00. Payment of such bonus shall be paid on the employee's anniversary date. The employee must stay for one (1) year after obtaining license. If the employee leaves the employment of the City, the cost borne by the City for the course, travel and lodging must be reimbursed by the employee. 26.5 Cost for other courses will be paid by the City after prior approval of the Public Works Director. 26.6 All employees within the bargaining unit shall be covered by a written description of his job duties in the form of employee job specifications. If the City of Atlantic Beach, or their designees, determine that the employees' job specifications need to be changed, added to, deleted, or amended, the Public Employer will notify the Union of the intended changes no less than -99- ARTICLE 25 UNION TIME POOL 25.1 All members of the bargaining unit who are not on probation as new employees may contribute 2 or more hours per year (either f:.om personal leave hours, or compensatory time banks) to the. union time pool. Provided that the maximum number of hours which may be accumulated in the pool under this Article is 216 hours. 25.2 This leave will be computed and placed in a bank on the 1st of October each year. 25.3 The City Manager or his designee shall have the discretion to grant or deny use of pool time. 25.9 Union time pool hours not expended during the previous year will be compounded onto the new bank of hours beginning October 1 of each year, provided the maximum accumulation set forth in Section 25.1 is not exceeded. 25.5 The City shall have the right to review this Article each year and to eliminate union time pool if it becomes an excessive administrative burden to the City. -98- ARTICLE 24 MILEAGE ALLOWANCE 29.1 Employees directed by the Director of Public Works/Engineer or his designee to use their private automobiles for City business, shall be compensated at the rate established per mile by the Z.R.S.. -97- ARTICLE 23 UNIFORMS 23.1 The City will furnish to bargaining unit employees who are required to wear such uniforms in the performance of their duties an initial issue of the following upon employment: 1. Eleven (11) pants 2. Eleven (11) shirts 3. Hats 23.2 The City will replace or repair the above items as they become torn, worn or unserviceable due to the performance of the employee's official duty. Any claim for a repair or replacement under this Section must be accompanied by a written explanation addressed to the Director of Public Works/Engineer, setting forth the circumstances necessitating the replacement or repair, and the employee shall present the item(s) to the Director of Public Works or his designee who shall have the sole determination as to whether the items shall be replaced or repaired. 23.3 Any employee who damages, destroys, or loses any furnished article of uniform due to carelessness, negligence or personal use will replace the article at his own expense, or such cost of replacement shall be deducted from the employee's pay. 23.9 The employee shall wear the articles of the uniform listed in Section 23.1 only for official City business. 23.5 Upon termination of employment for any reason, the employee shall return to the City all articles of the uniform issued by the City. 23.6 The City agrees to continue to provide for the cleaning of the uniform articles as in the past. -96- ARTICLE 22 BULLETIN BOARDS 22.1 The Union may be permitted to provide for its own use three (3) bulletin boards not to exceed 3' x 3' in dimension, provided the bulletin boards shall be located only near the time clock in the Public Works Facility, Buccaneer Facility and Atlantic Beach Waste water Facility. 22.2 The Union agrees it shall use the space on the bulletin board provided for herein only for the following purposes; notices of union meetings, notices of internal elections for union offices, reports of union committees, policies of the Union, recreation and social affairs of the Union, and notices by public bodies. In no event shall the bulletin board be used to post political material or controversial material. The Business Agent, his designated representative, or the Steward of the Urion are the only authorized representatives to post material on the bulletin board. Said representatives shall initial and date all material which is posted. 22.3 The Director of Public Works or his designee shall decide whether or not Section 22.2 has been violated. Should it be determined that a violation has occurred the Union shall immediately remove the posted material and the Union may lose its bulletin board privileges, following a meeting between the Employer and the Union. -95- ARTICLE 21 SAFETY AND HEALTH 21.1 The Public Employer and the Union agree that they will conform to all laws relating to safety, health, sanitation and working conditions. The Public Employer and the Union will cooperate in the continuing objective of eliminating safety and health hazards where they are shown to exist. 21.2 Safety practices may be improved upon from time to time by the Public Employer and upon recommendations of the Public Employer and the Union. Protected devices, apparel, and equipment when provided by the Public Employer must be used and any failure to obey safety regulations or to use safety devices shall result in disciplinary action, up to and including discharge. 21.3 The Public Employer agrees to provide hepatitis immunization shots to those employees within the bargaining unit who are employed, or transferred, to work in the Sanitation Division and/or the Sewer Division. Employees working in these divisions who do not wish to receive the hepatitis immunization shots will be required to sign a refusal waiver to this effect. -49- ARTICLE 20 INSURANCE 20.1 The City agrees to continue to provide employees with a group term life insurance policy. The City agrees to pay the premiums for the employees' coverage for such insurance. 20.2 The City agrees to provide group health insurance coverage through an HMO, PPO and/or other insurance means for all eligible employees covered under this Agreement, and agrees to pay the cost of such coverage. -43- d. The term "outside employment" as it is used in this Article refers to any employment engaged in by a bargaining unit employee apart from his City employment, whether or not such employment is for remuneration, and includes self-employment. e. The City of Atlantic Beach will assume no responsibility or liability for any injuries incurred while the employee is engaged in outside employment activities. 19.10 Any violation of the provisions of this Article shall be subject to review and appropriate disciplinary action, including termination of employment. When a bargaining unit employee has any doubt as to the application of any provision of this Article as it relates to himself, he shall first discuss the possible violation with the Public Works Director/Engineer. If the matter is not resolved the employee shall discuss the matter with the City Manager. -92- vehicle. 19.7 The use of City equipment at any time and the use of City employees during normal working hours for any construction, repair, improvements, or other such actions on private property for the benefit or profit of private individual(s) is prohibited. 19.8 No bargaining unit employee will be allowed to take an active part in political management or in political campaigns during working hours. This does not prohibit an employee from voting as he may choose, and from expressing his opinion on any political subject or candidate. No leaves of absence, excluding previously accumulated personal leave, shall be granted to such employees for the purpose of participating in a political campaign. 19.9 In order that the City may maintain and increase the efficiency of its employees: a. No bargaining unit employee may engage in any outside employment or activity which relates to or is inconsistent, incompatible, or in conflict with his duties as a City employee. Outside employment which may result in an appearance of impropriety, or interfere with the efficient performance of the employee's regular duties is similarly prohibited. b. If such outside employment in any manner conflicts or interferes with the bargaining unit employee's service to the City, the City Manager will have the right to order the employee to discontinue the outside employment, or to be terminated from City employment. c. No bargaining unit employee shall be otherwise employed except with the prior written permission of the City Manager. Permission shall be granted in accordance with the standards established in subsection a. of this Section. 1. Bargaining unit employees who are currently engaged in outside employment activities shall have ten (10) days within which to seek written permission from the City Manager to continue such activities. -91- g. No bargaining unit employee shall have a personal investment in any enterprise which will create a substantial conflict between his private interest and the public interest. 19.3 Bargaining unit employees shall remember that they represent the City as a whole when serving the public. They shall conduct themselves so as to project a desirable image of the City. 19.9 The use of any City equipment such as borrowing typewriters, tape recorders, cameras, shovels, etc., for personal use is prohibited unless otherwise approved by the City Manager, and this only under special or unusual circumstances. 19.5 No bargaining unit employee shall have a financial interest in the profits of any contract, service, or other work performed by the City, nor shall any bargaining unit employee personally profit directly or indirectly from any contract, purchase, sale, or service between the City and/or any person or company; nor personally or as an agency provide any surety bill or bond required by law, or subject to approval of the City Commission. Any bargaining unit employee who violates the provisions of this rule shall be considered guilty of misconduct in his service. 19.6 It may be necessary for some bargaining unit employees to have City vehicles at their disposal in order to carry out their duties. It is essential that these vehicles be used with the utmost care and discretion at all times. Bargaining unit employees are permitted to use City vehicles for performance of their official duties only. Under no circumstances are they to be used for personal business or for pleasure unless such use is expressly granted by the City Manager. A bargaining unit employee driving a City vehicle must have on his person a current, valid driver's license issued by the State of Florida. All mechanical defects or malfunctions should be reported as soon as possible to the City garage. If a City vehicle is involved in an accident, the bargaining unit employee must notify the Public Safety department and the Director of Public Works/Engineer immediately. A police report shall be made of any accident involving a City -90- ARTICLE 19 CODE OF ETHICS AND USE OF CITY EQUIPMENT 19.1 It is essential to the proper conduct and operation of government that bargaining unit employees be independent and impartial, and that City employment not be used for private gain. This Article is intended to protect against any conflict of interest and to establish a code of ethics for bargaining unit employees. 19.2 In furtherance of the goals and understandings set forth in Section 19.1, the parties agree that: a. No bargaining unit employee shall accept any gift, favor or service that may reasonably tend improperly to influence him in the discharge of his official duties. b. No bargaining unit employee shall use or attempt to use his position to secure special privileges or exemptions for himself or others, except as may be provided by policy or law. c. No bargaining unit employee shall accept employment or engage in any business or professional activity which might require or induce him to expose confidential information acquired by him by reason of his official duty. d. No bargaining unit employee shall disclose confidential information gained by reasons of his official position, nor shall he otherwise use such information for his personal gain or benefit. e. If a bargaining unit employee is an officer, director, agent, or member of, or owns controlling interest in any corporation, firm, partnership, or other business entity which is subject to the regulations or which has substantial business commitments with the City, or other political subdivision of the State, he shall file a sworn statement to the effect with the City Clerk and with the Circuit Court of Duval County as may be required by State law. f. No bargaining unit employee shall transact any business in his official capacity with any business entity of which he is an officer, director, agent or member, or in which he owns controlling interest. -39- 2. Obedience to or violation of laws, statutes, or ordinances involved in connection with the cause of such disability. 3. Obedience to or violation of safety rules and regulations of the City which are involved in the cause of the disability. 9. Obedience to or violation of any Department rules, regulations and policies procedures, or instructions to the employee by supervisors involving the cause of the disability. The decision to grant or deny special benefits is not subject to the grievance or arbitration provisions of this Agreement. 18.2 Where injury is caused by the knowing refusal of the employee to use a safety appliance provided by the City, the unemployment compensation benefits shall be reduced twenty- five percent (258). Failure to obey safety regulations or to use safety devices shall result in disciplinary action, up to and including discharge. -38- ARTICLE 18 INJURY IN THE LINE OF DUTY 16.1 Any non-probationary employee covered by this Agreement who sustains a temporary disability as a result of accidental injury in the course of and arising out of employment by the Public Employer, shall, in addition to the benefits payable under the Workers' Compensation law of the State of Florida, be entitled to the following benefits: a. When an employee is absent due to compensable injury, the City will pay 1008 of an employee's average daily earnings for each regularly scheduled work day missed beginning with the first calendar day of the authorized disability, and continuing through the seventh calendar day of the authorized disability. However, in no case shall these payments and those paid through Workers' Compensation exceed the employee's normal net salary. Any amount paid by the City to the employee which is subsequently paid by Workers' Compensation shall be reimbursed by the employee to the City. b. An employee sustaining a lost time injury under this Article may use accumulated Personal Leave Days to cover the time off the job due to an injury until he is compensated by Workers' Compensation. Personal Leave Days can be used to supplement that percentage {33 - 1/38) of his pay which is not covered by Workers' Compensation. The request to allow the employee to do the above must be made to the Director of Public Works/Engineer in writing. c. In addition to the benefits afforded under Section a. an employee, subsequent to exhausting all Personal Leave Days, may be awarded special benefits by the City if special circumstances are found to exist in the sole opinion of the City Manager. But such payments shall not, when added to Workers' Compensation benefits, total more than the normal regular pay received by the employee immediately prior to such disability, nor may such payments continue for longer than one year from the date of injury. Factors which the City Manager may consider in each instance are as follows: 1. Consideration of degree of responsibility of employee/employer. -37- 17.17 Employees required to be accessible by telephone and not performing actual work, but in readiness to perform work when the need arises, shall be considered to be on standby. If the employee performs actual work during the standby period, the employee shall be considered to have received a call-out, and shall be paid in accord with Article 17.13. Any employee designated by the Employer to be on standby duty shall receive twenty-five ($25.00) dollars in addition to his normal bi-weekly pay for each week the employee is required to be available on standby duty for a minimum of seven (7) consecutive days. To be eligible for standby compensation, the employee must meet the following criteria; 1. The employee must respond by phone within twenty (20) minutes of receiving page. 2. The employee must arrive at jobsite within one (1) hour of returning page by phone to the Employer. 17.18 An employee who has worked sixteen (16) hours or more in a twenty-four (24) hour period, or eight (8) hours or more overtime in the sixteen (16) hour period immediately preceding his/her normal workday shall upon release, be entitled to an eight (8) hour rest period before he/she returns to work. If the employee is called back to work without completing his/her eight (8) hour rest period, he/she shall be compensated at the overtime rate of one and one-half (1 '~) times his/her regular rate of pay for all hours worked, commencing from the time he/she reports back to work and ending when he/she is released for an eight (8) hour rest period. 17.19 All employees shall be provided with at least a one-half ('+~) hour lunch break which shall be the employee's own time. If the employee is required to work their lunch break, the employee shall be compensated as provided within this Article. Employees shall be provided with two (2) fifteen (15) minute break periods with pay. The first break shall be taken within the first four ''~ hours of work and the second during the last four (9) hour period of work. -36- claims that provide for "overtime on overtime" 17.13 An employee who has left his normal place of work and who is "called-back" for overtime work shall receive a minimum payment of three (3) hours at time and one-half (1;.) the employee's regular rate of pay or the actual hours worked at time and one-half (l;t), whichever is greater. Employees shall be compensated for additional call backs as provided herein if the employee has completed the call back assignment and has left his place of work prior to receiving another call back. Prearranged overtime shall not constitute a "call back". This Section shall not apply if hours worked as a result of a call back extend into the start of the employee's regular work period. Employee's who report to work for scheduled overtime shall receive a minimum payment of two (2) hours at one and one- half (1-1/2) times her/her regular rate. 17.14 Upon proof of attending court pursuant to subpoena or other court order involving a job-related case, not as a plaintiff in litigation against the City, an off-duty employee will receive pay equal to one and one-half (1~) times the employee's regular straight time hourly rate of pay for the hours he attends court. Provided, that such employee shall receive a minimum of two (2) hours pay at the rate of one and one-half (lit) the employee's regular straight time hourly rate for such attendance. The City reserves the right to institute any procedure or system it deems appropriate to measure, record, and/or verify attendance and duration of off-duty court appearance. In the event any employee claims time not actually spent in off-duty court appearance, he may be discharged or disciplined. The employee will sign over all subpoena and witness fees, excluding travel fees, unless City transportation is furnished in which case such travel fee will be signed over to the City. 17.15 No employee shall authorize overtime for himself but shall be entitled to work overtime as assigned or authorized by the Director of Public Works/Engineer. It is understood that the City has the right to schedule overtime work as needed, and in a manner most advantageous to the City. 17.16 Overtime hours shall be distributed as nearly equal as possible among employees as long as such sharing will not delay or increase the cost of the City's operations. -35- employees request cash payment of accrued compensatory time. 17.5 An employee who has accrued compensatory time will be permitted to use the time off within a reasonable period after making a request to use same, provided it does not unduly disrupt the operations of the City. Requests to use compensatory time must be made in writing to the employee's supervisor. The decision to grant or deny the request rests with the City. 17.6 At any time the City, in its sole discretion, may determine to substitute cash, in whole or in part, for compensatory time. 17.7 Should an employee voluntarily switch shifts with another employee for the employee's convenience, no overtime compensation will be payable and the hours the employee worked as a substitute shall be excluded by the City in the calculation of the hours for which the employee is entitled to overtime compensation. All such shift trading must be approved by the immediate supervisors prior to the trade and the period during which time is traded and paid back must not exceed twelve (12) months. 17.8 Nothing in this Article shall require payment for overtime hours not worked, except as provided herein. In calculating the amount of overtime compensation due an employee hours actually worked shall be counted. Additionally, paid holidays, paid compensatory time and paid personal leave shall be included as hours worked for purposes of overtime payment each year. Premium payments shall not be duplicated for the same hours worked under any of the terms of this Agreement. 17.9 All employees shall be required to report to work on time, shall not leave the job early, shall be prompt in reporting to their assigned duties, and shall faithfully perform their duties. 17.10 Employees covered by this Agreement shall be given forty- eight (98) hours notice of any change in their regular hours of work, unless an unscheduled absence by another employee or circumstances necessitate a quicker change. 17.11 The Director of Public Works/Engineer is authorized to schedule employees on a "task basis". 17.12 There will be no duplication of premium payments and no -34- ARTICLE 17 HOURS OF WORK AND OVERTIME 17.1 The purpose of this Article is to define hours of work but nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours to be worked per day, days per week, or for any other period of time, except as may be specifically provided herein. 17.2 Unless changed by the City, forty (90) hours shall constitute a normal work week for an employee covered by this Agreement, except as hereinafter provided. Nothing herein shall guarantee an employee payment for a forty (90) hour work period unless the employee actually worked a forty (40) hour work week or his actual hours worked and his authorized compensated leave totals forty (90) hours. For the purpose of this Agreement, authorized compensated leave shall mean holidays on which the employee is excused from work, bereavement leave, jury duty, and any other leave paid for and authorized by the City. Overtime will be compensated at time and one-half (1-1/2) for all hours worked in excess of eight (8) in a twenty four (29) hour period commencing at the start of the employee's normally scheduled work day. Compensation for overtime hours worked shall be paid to the employee during the same pay period in which it is worked, providing the paperwork is delivered to finance in a timely manner to process for that pay period. 17.3 The City shall have the discretion to compensate for overtime hours worked in the form of cash or compensatory time. Should the City decide to compensate the employee in the form of cash, the employee shall be paid at the rate of one and one-half (1~) the employee's regular rate of pay for each overtime hour worked Should the City decide to compensate the employee in the form of compensatory time, the employee shall be credited with one and one-half (lh) hour of compensatory time for each overtime hour worked. 17.9 Employees shall not be able to accumulate more than fifty (50) hours of compensatory time in any fiscal year. All hours accumulated during that fiscal year must be compensated in that year. Once the cap is reached compensation will be in the form of cash payment only. The' " City shall utilize the procedure set forth in Article 13.1 (e), excluding the 120 hour restriction in the event that -33- ARTICLE 16 BEREAVEMENT LEAVE 16.1 Employees covered by this agreement may be granted, upon approval of the Director of Public Works/Engineer and City Manager, time off with pay not to exceed three calendar days, in the event of a death in the employee's immediate family for the purpose of attending the funeral of the deceased relative. 16.2 The employee's immediate family shall be defined as the employee's spouse, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, grandparents, grandchildren and any other member of kinship who may be residing under the same roof with an employee during the time of death. 16.3 Funeral leave or bereavement leave shall not be charged to personal leave days. 16.9 The employee may be required to provide the Director of Public Works/Engineer with verification of death before compensation is approved. -32- ARTICLE 15 MILITARY LEAVE 15.1 The Employer and the Union agree to comply with the provisions set forth in the Vietnam Era Veteran's Readjustment Assistance Act of 1979 (formerly the Military Selective Service Act of 1967). 15.2 Employees who by reason of membership in the United States Military Reserve or the National Guard, and who by the appropriate authority are ordered to attend annual training periods, shall be granted leave with pay for such training not to exceed seventeen (17) working days annually, and shall not have this time deducted from personal leave hours. 15.3 No employee entitled to military leave shall lose the rank, grade, rating or seniority held by him at the time such leave is granted. 15.9 Employees requesting military leave are responsible for notifying the Director of Public Works/Engineer as soon as possible of the dates for such training period(s) and to provide an official set of orders. -31- ~: ..~ _... _y. , . .. ARTICLE 19 LEAVES OF ABSENCE WITHOUT PAY 14.1 Leaves of absence without pay may in the sole discretion of the City Manager be granted for reason of illness when annual leave has been exhausted. Such authorized leave without pay shall in no event exceed ninety (90) calendar days. 14.2 Leaves of absence without pay may also be granted for other reasons deemed acceptable to management. 19.3 All leaves, with or without pay, must be requested by the employee in writing and must be approved in writing before becoming effective. 14.4 An employee's starting date will be adjus ted for leaves of absence without pay. 19.5 The decision whether to grant or to deny a request for leave without pay shall not be subject to the grievance or arbitration procedures of th is Agreement. -30- Hours each calendar year. Cashing in Personal Leave Hours shall not be considered "Utilization." Required minimums not taken as Provided will be forfeited unless otherwise approved by the City Manager and Director of Public Works/Engineer. The accrual rate of Personal Leave Hours and the minimum amount of utilization of Personal Leave Hours shall be determined as follows: Tenure Maximum No. of Minimum Utiliza- Hours Accumulated tion Per Year each Bi-Weekly Pay - Period (provided maxi- mum cap has not been reached) 1st year 4.93 0 2nd year 9.93 90 Beg. 3rd through 9th yr. 4.93 90 Beg. 5th through 9th yr. 6.97 8C Beq. 10th through 19th yr. 8.0 80 Beg. 15th year and over 9.59 80 -29- shortage which would have an adverse effect on the operation of the Department, or if the notification requirements set forth in this Article are not followed. c. Employees may accumulate Personal Leave Hours up to a maximum of 960 hours. Thereafter, employees must utilize their Personal Leave Hours or forfeit the ability to accumulate any additional hours. d. For Personal Leave used for illness, the City always retains the right to require medical documentation of the illness. e. For hours permissibly accumulated under this Article, the employee may elect to be paid in cash (upon completion of one year of continuous, uninterrupted employment) or choose to continue to accrue the days up to the maximum accrual level set forth ir. this Article. For the purpose of cashing in accrued leave time, the Public Employer will permit the empi~yee to make a request fur payment two times during the year as follows: on the first payday in June, and on the first payday in December. Cash withdrawals are restricted to the excess over 120 hours in the Personal Leave account on the designated withdrawal date. Request forms are available in City Hall. Requests must be submitted at least two weeks preceding each of the above dates. f. No Personal Leave Hours may accumulate to an employee on leave without pay, or one who has been suspended for disciplinary purposes, or one has accumulated the maximum under 13.1(c). g. Subject to the restrictions contained in this Agreement Personal Leave Hours shall accumulate during each pay period and shall be credited to the employee at the end of the pay period. h. An eligible employee who resigns with at least two weeks notice, is laid off, or whose employment has not been involuntarily terminated shall be paid for any unused accruals. However, in no event shall the employee be paid for any unused accruals exceeding 960 hours. I. Employees with more than one year of service are required to utilize a minimum amount of Personal Leave -26- ARTICLE 13 PERSONAL LEAVE HOURS 13.1 a. The "Personal Leave Hours" concept is an advancement from the traditional vacation and sick leave system. Personal leave hours are not to be corisidered compensation for services rendered. All bargaining unit employees may be absent from work and still receive regular wages provided the employee has completed his six (6) month initial probationary period and follows the procedures set forth in this Article and receives prior approval from the employee's supervisor, or the Director of Public Works/Engineer, or his designee. Probationary employees may utilize Personal Leave for illness provided the procedures set forth in this article are followed. b. When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify their supervisor, or if he/she is unavailable the Director of Public Works of the nature of the illness or emergency as early as reasonably possible and no later than starting time each day the employee intends to be absent, that the employee is unable to report to work because of illness or other emergency; however, employees on shift work must notify the supervisor or if he/she is unavailable the Director of Public Works/Engineer no later than t hour before shift starting time. Except as stated above when an employee is planning to use 17 hours or more of Personal Leave Hours he must submit his request to take leave in writing to the Director of Public Works/Engineer or his designee at least fourteen (19) calendar days prior to the first day of the intended absence. When an employee is planning to use less than 17 hours of Personal Leave Hours he must submit such request at least 98 hours prior to the first day of the intended absence. The Director of Public Works/Engineer or his designee shall respond to the request as soon as possible after receipt of the request. Personal Leave must be taken in one (1) Personal Leave Hour or more increments. Approval of leave may be suspended if in the discretion of the Director of Public Works/Engineer such leave would pose a manpower -27- shall not receive pay for the holiday or compensatory time. 12.6 Employees who are on leave of absence or layoff on the day on which such holiday is observed shall not receive pay for the holiday or compensatory time. 12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the date the holiday is observed (as set forth in Section 12.1) and continue for twenty-four (29) uninterrupted hours. 12.8 The accrual and pay-out of compensatory time under this Section shall be governed by the provisions of Article 17. 12.9 Those employees who work any schedule other than the normal eight (8) hour day shall have a holiday that conforms to their work schedule. If payment for such time or any portion thereof is mutually agreed to in lieu of time off, then the employee shall be paid at time and one-half (1-1/2) for those hours, but in no event shall the employee receive, in either pay or time off, an amount in excess of double time and one-half (2-1/2) for holiday hours. 12.10 Temporary employees shall not normally be utilized to perform work on one of the holidays listed in Section 12.1. The Employer may utilize temporary employees to work the above holidays only after employees performing similar work within the designated bargaining unit have first been given the opportunity to work, and have declined said assignment. -26- ARTICLE 12 HOLIDAYS 12.1 The following are recognized as holidays under the terms of this Agreement. New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Day Christmas Day Employee's Birthday Any day that the City Commission January 1st 3rd Monday in January 3rd Monday in February Last Monday in May July 9th 1st Monday in September 9th Thursday in November December 25th may designate Whenever a holiday falls on Saturday, it shall be observed on the preceding Friday. When a holiday falls on Sunday, the following Monday will be observed as the holiday. 12.2 Whenever an observed holiday occurs on an employee's scheduled day off, the Employer shall schedule the employee to take a day off at another day mutually agreed to, or compensate him/her at straight time rate in order to equalize the observed legal holidays in Section 12.1. 12.3 Employees who work on the observed holiday shall receive, in addition to their regular straight time hourly rate of pay, at the Public Employer's discretion, either one and one-half (1;.) of the employee's regular hourly rate of pay, or one and one-half (1'is) hour of compensatory time hour-for-hour for each hour worked during the declared holiday. 12.9 In order to be eligible for holiday pay or compensatory time the employee must have worked the last scheduled working day immediately prior to the observed holiday and the first regularly scheduled working day immediately after the observed holiday unless the employee is on paid vacation, military leave, sick leave substantiated by a doctor's certificate, or other absences excused by the Director of Public Works/Engineer. 12.5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause -25- 11.6 Prior to initiating judicial review by any court for arty alleged violation of this Agreement, the grievance procedure of this Agreement must be completely exhausted. -24- not responsible for, the act of misconduct for which he has been disciplined, the Arbitrator has the power to make the employee or employees whole, including ordering back-pay (less compensation received from any other sources) for time lost, and reinstatement when applicable. 11.3 There shall be no appeal from the Arbitrator's decision; it shall be final and binding on the Union and on all bargaining unit employees and on the Public Employer, provided the Arbitrator's decision is not c.utside or beyond the scope of the Arbitrator's jurisdiction, or is not in violation of public policy. The authority and responsibility of the Public Employer, as provided by Florida law, shall not be usurped in any matter. 11.4 The cost of the Arbitrator's services shall be divided equally between the Public Employer and the Union. Each side will pay its own representative and witnesses. The cost of a court reporter and the transcription fee shall be paid by the party requesting the court reporter and/or a transcription of the proceedings. 11.5 The commencing of legal proceedings against the City or any managerial employee of the City in a court of law or equity or before the Public Employees Relations Commission, the City's grievance procedure, or any other administrative agency by an employee, or group of employees, for alleged violations of the express terms of the Agreement shall be deemed a waiver to resort to the grievance or arbitration procedures contained herein for resolution of the alleged violation of the terms of this Agreement. Additionally, the commencing of legal proceedings against the Union in a court of law or equity or before the Public Employees Relations Commission, or any other administrative agency, by the City or any of its managerial employees for alleged violations of the expressed terms of this Agreement shall be deemed a waiver by such employee or the City of the ability to resort to the grievance or arbitration procedures contained herein for resolution of the alleged violation of the terms of this Agreement. Likewise, the utilization of the Grievance or Arbitration procedures in this Agreement for the resolution of alleged violations of this Agreement shall constitute a waiver of any rights the party who initiated the grievance may have to review by the Public Employees Relations Commission, the City's grievance procedure, or any other administrative agency. -23- ARTICLE 11 ARBITRATION PROCEDURE 11.1 Whenever the Union requests arbitration in accordance with the provisions of the Grievance Article, the parties shall within five (5) working days following appeal to arbitration jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators, each of whom shall be a member of the National Academy of Arbitrators. Arbitrators shall be selected from such panel by alternately striking names from this list (the Union shall make the first strike) until the last name on the list is reached. 11.2 The limitations on the powers of the Arbitrator are as follows: (a) The Arbitrator shall not have the power tc add to, subtract from, or alter the terms of this Agreement; (b) The Arbitrator shall have no power to establish wage scales, rates for new jobs, or to change any wage; (c) The Arbitrator shall have only the power to rule on matters arising under this Agreement and is confined exclusively to the question(s) which is presented to him which question(s) must be actual and existing; (d) The Arbitrator shall have no power to arbitrate any matter after this Agreement has expired, unless the event giving rise to the grievance occurred prior to the termination of this Agreement and a written grievance was submitted within fifteen (15) working days after the expiration of this Agreement and has been timely processed. (e) If the subject of the grievance submitted to arbitration concerns disciplinary measures (including discharge) taken against one or more employees, the Arbitrator is only empowered to pass upon whether the employee or employees concerned actually committed, participated in, or were responsible for the act of misconduct. The Arbitrator has no authority to pass upon the nature, extent or severity of the disciplinary measure(s) taken, such determination being solely a managerial prerogative. 2f the Arbitrator finds that the employee has not committed, participated in, or was -22- that end the time limits set forth in this Article are to be strictly enforced. The time limits may only be extended by mutual written agreement. The term "work days" as used in this Article includes Monday through Friday of each work week regardless of the grievant's work schedule. Saturdays, Sundays, and holidays as set forth in this Agreement shall not be considered "work days" even if work is assigned on these days. For the purpose of calculating time limits, the day on which a grievance, or a reply by management to a grievance, is received, shall not be counted. Failure of management to observe the time limits for any step in the grievance procedure without a mutually agreed written extension of time shall entitle the grievant (or the Union in the case of Step 9) to advance the grievance to the next step. Failure of the grievant (or the Union in the case of Step 9) to observe the time limits for any steps in this Article without a mutually agreed written extension of time shall terminate the grievance. -21- orally present his grievance. Discussions will be informal for the purpose of sett'.`^.g differences in the simplest and most effective manner. The immediate supervisor will discuss and make an effort to resolve all legitimate grievances with fairness and justice for both the grievant and the Public Employer. The immediate supervisor shall orally communicate a decision to the grievant within °ive (5) working days from the date the grievance was presented to him. Ste[Z 2 - If the grievance is not settled at the first step, the grievant within five (5) working days of the immediate supervisor's Step I response, shall present the grievance in written form (in compliance with Section 10.9) to the Director of Public Works with a copy to the City Manager. The Director of Public Works or his designee, shall investigate the alleged grievance and shall within ten (10) working days of receipt of the written grievance conduct a meeting with the grievant and the union steward and/or Business Agent if the grievant requests union representation. The Director of Public Works or his designee shall notify the grievant of his decision no later than ten (10) working days following the meeting date. Step 3 - If the grievance is not settled at the second step, the grievant within five (5) working days from the date of the Director of Public Works' decision shall present the written grievance to the City Manager or his designee. The City Manager or his designee shall investigate the alleged grievance and may within five (5) working days of receipt of the written grievance conduct a meeting with Public Employer representatives, the grievant and the union steward and/or Business Agent if the grievant requests union representation. The City Manager or his designee shall notify the grievant in writing of his decision not later than ten (10) working days subsequent to the date the grievance was received by the City Manager, or subsequent to the meeting with the representatives and grievant. Steo 9 - If a grievance, as defined in this Article, has not been satisfactorily resolved within the grievance procedure, the Union may request arbitration in writing to the Office of the City Manager no later than ten (10) working days after the response is received in Step 3 of the grievance procedure. 10.6 It is the mutual desire of the Employer and the Union that grievances shall be adjusted as quickly as possible and to -20- ARTICLE 10 GRIEVANCE PROCEDURE 10.1 In a mutual effort to provide harmonious working relations between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from an alleged violation of specific terms of the Agreement as provided in this Article. 10.2 For the purpose of this Agreement, a grievance is defined as a claim or complaint that an employee or group of employees may have that the Public Employer has violated a specific provision of this Agreement, provided such specific provision is subject to the grievance and arbitration procedures of this Agreement. 10.3 Grievances may be taken up during the working time of the grievant upon mutual agreement between the Public Employer and the Union. 10.4 All grievances proceeding to Step II must be reduced to writing and must contain the following information: (a) The specific Article and Section of the Agreement alleged to have been violated by the Public Employer; (b) A full statement of the grievance, giving a complete description of the facts and dates and times of the events involved in the alleged violation, and the specific remedy desired by the grievant; (c) Signature of grievant and date signed; and, (d) Designation of the union steward or business agent if the grievant requests union representation. 10.5 All grievances shall be processed in accordance with the following procedure: Step 1 - The grievant shall orally present his grievance to his immediate supervisor within five (S) working days of the occurrence of the action giving rise to the grievance, provided that should the action giving rise to the grievance occur while the employee is on authorized paid leave of absence or is on his scheduled day off the grievant shall have five (5) working days within return to his job to -19- date of the written warning. (b) No written reprimand in an employee's personnel file shall be used as a basis for further disciplinary action if; 1. More than two (2) years has past since the written reprimand was issued; and 2. the employee has not received any other disciplinary action against him for similar or like matters within that two (2) year from the date of the written reprimand. 9.10 Employees subject to dismissal or suspension shall have the right to a pre-disciplinary hearing. The hearing shall be conducted by the Director of Public Works/Engineer. The pre-disciplinary hearing shall be conducted prior to discharge or suspension. The employee may request that the appropriate union steward shall be present at the hearing along with the supervisor who has made the charge. This section shall not apply to circumstances covered under Section 9.9. The union steward and the employee shall receive written notice of the charges against the employee twenty-four (29) hours in advance of the hearing. A waiver of hearing shall be attached to the notice and the employee may waive his right to such hearing. -18- 9.9 Notwithstanding the provisions of 9.1, the Employer may suspend or discharge an employee immediately for being under the influence of alcohol and/or drugs pursuant to Article 26 of this Agreement; disorderly and/or disruptive conduct, without the necessity of a letter of reprimand prior to suspension or discharge, provided however that a written statement of the charges and the reason or reasons for such action shall be delivered to the employee within five (5) days of the actual suspension or discharge. 9.5 Employees shall have the right to review their official personnel file upon reasonable request to the Director of Public Works/Engineer. 9.6 A written reprimand shall be furnished to the employee within one (1) week from the date the reprimand is signed by the employee. The time limit imposed on the filing of a grievance shall commence when the employee is furnished the written reprimand. 9.7 The employee shall have the opportunity to submit a written statement responding to any reprimand issued. The statement shall be limited to the facts and issues regarding the specific reprimand at issue. The employee's responding statement will be entered in the personnel file, attached to the reprimand. 9.8 When an employee is questioned by the Public Employer, the Employer shall advise the employee if the questioning may lead to disciplinary action against him. The employee then has the right to request that a union representative be present at the meeting. When an employee requests union representation pursuant to this section, and a union representative is not immediately available, the Employer shall postpone the meeting for a reasonable time in order for the employee to obtain union representation. 9.9 (a) No written warning in an employee's personnel file shall be used as ~ basis for disciplinary action if; 1. More than one (1) year has past since the written warning was issued; and 2. the employee has not received any other disciplinary action against him for similar or like matters within that one (1) year from the -17- v. ... . _, (j) Conduct that could bring discredit to the Employer; (k) Having committed and/or convicted for a felony, driving while under the influence of alcohol, or narcotic substances, crime involving moral turpitude, or a misdemeanor involving perjury or a false statement, or a misdemeanor evidencing bad moral character; (1) Leaving the working area during working hours without authorization; (m) Sleeping during working time; (n) Fighting, wrestling, horseplay, or any other act which might interfere with the safe or efficient operation of the Employer; (o) Unauthorized absence; (p) Unauthorized tardiness; (q) Repeated failure to achieve a satisfactory evaluation of work performance; (r) Refusal to cooperate during an investigation; (s) Insubordination; or (t) Conduct unbecoming a city employee. The foregoing enumeration of grounds for discipline, up to and including discharge, is by way of illustration and shall not be deemed to exclude management's right to discharge or otherwise discipline employees for any other cause. 9.3 Disciplinary Actions A. All disciplinary actions shall normally be progressive. Written warning notices shall normally be provided to employees prior to the issuance of discipline. The following are intended as examples of disciplinary actions: 1. Reprimand given in writing. 2. Suspension without pay. 3. Dismissal. -16- ARTICLE 9 DISCHARGE AND DISCIPLINE 9.1 The Employer shall not discharge, suspend or otherwise discipline employees except for just cause ,and in no event until the employee has been furnished with a written statement of the charges and the reason or reasons for such action. Any dispute over suspension, discharge, or other disciplinary action may be submitted to the grievance procedure as set forth in Article 10. The Employer shall consider, among other things, the seriousness and frequency of offenses when determining the appropriate discipline, which may include a warning, suspension or immediate discharge. Employees are not entitled to a particular number of warnings prior to the imposition of discipline, including discharge. 9.2 The following acts shall be grounds for discipline, up to and including discharge: (a) Falsifying statements or records; (b) Stealing; (c) Drinking or possessing alcoholic beverages while on duty; (d) Possessing, using or selling a controlled substance, including but not limited to, narcotics, marijuana, or barbiturates, other than that prescribed by a physician for the employee; (e) Being under the influence of a controlled substance other than that prescribed by a physician for the employee, or being under the influence of an alcoholic beverage; (f) Recklessness or negligence while on duty; (g) Violation of the no strike provisions of this Agreement; (h) Violation of a work rule or regulation; (i) Failure to immediately report vehicle accidents _ involving damage to any City property; -15- ARTICLE 8 RULES AND REGULATIONS 8.1 The City shall have the right to establish, maintain and enforce, or rescind, amend or change, reasonable rules and regulations and standard operational procedures. 6.2 Failure to discipline an employee for violation of these rules, regulations and/or standard operational procedures shall not affect the right of the City to discipline the same or other employees for the same or other violations of the same rules, regulations and/or standard operational procedures. 8.2 Any employee violating a rule or regulation or standard operational procedure may be subject to disciplinary action, including dismissal. 8.3 All bargaining unit employees, regardless of union affiliation, are subject to all City rules and regulations pertaining to the conduct of City employees unless specifically exempted by provisions of the Agreement. 8.9 The City will make a reasonable effort to supply the Union with copies of all rules and regulations, including amendments. However, failure to supply said rules and regulations shall not affect the City's right to establish, monitor and enforce, or rescind, amend or change the rules and regulations. -19- ARTICLE 7 PROBATIONARY EMPLOYEES 7.1 All employees shall be classified as probationary employees for the first six (6) months of continuous uninterrupted employment. The probationary period shall apply for all employees in a new job classification (new employee or an employee who has been transferred, promoted or demoted). The City Manager has the discretion to extend the probationary period an additional six (6) months. Except in the case of a transfer or promotion to a new position which is set forth below, at any time during the probationary period the Public Employer may decide to terminate a probationary employee with or without cause. Such decision to terminate shall not be subject to the grievance or arbitration procedures of this collective bargaining Agreement. Provisions as to seniority shall not apply to probationary employees, rather seniority shall date back to the time of hire after an employee has successfully completed his probationary period. If more than one employee is hired on the same day, seniority shall be determined by employee number. 7.2 Employees who are subject to a probationary period because of a transfer or promotion to a new position shall be returned to the position they held prior to the transfer or promotion at the employee's former pay should management determine that the employee is not successfully completing the probationary period. However, nothing shall prevent the Employer from discharging, suspending or otherwise disciplining, the transferred or promoted employee during the probationary period for just cause. Further, should the transferred or promoted employee be returned to his former position for failing to satisfactorily complete the probationary period, the Employer shall have the right to terminate the individual who filled the transferred or promoted employee's former position. Such termination shall not be subject to the grievance or arbitration provisions of this Agreement. -13- resolution of such grievance. 6.10 Employees of the designated bargaining unit shall have the right to join the Union, to engage in lawful concerted activities for the purpose of collective bargaining or other mutual aid and protection, and to express or communicate any view, grievance, complaint or opinion, within the bounds of good taste related to the conditions or compensation of public employment or it betterment, all free from any restraint, coercion, discrimination, or reprisal. There shall be no restraint, discrimination, intimidation, or reprisal against any employee because of that employee's membership or lack of membership in the Union or by virtue of his holding office or not holding office in the Union. This provision shall be applied to all employees by the Employer and the Union. 6.11 All stewards have productive work to perform as assigned by the Employer. The parties agree that each will cooperate with the other in reducing to a minimum the actual time spent by union representatives in investigating, presenting, and adjusting grievances or disputes. -12- grievances. Work loss must be minimized. The steward must advise his supervisor of the requirement of such time and secure permission. Such permission will not be unreasonably withheld. Union stewards shall normally settle grievances on the job site which is within their designated jurisdiction. All files of the employee shall be open for investigation by the steward when settling grievances. Union stewards shall not conduct any grievance work on premium time (overtime) e::cept in emergency situations occurring during such premium hours that involve suspension or discharge. Supervisor permission shall be given orally to the union steward provided that said oral authorization insures adequate controls of the steward's time; otherwise written permission shall be required. If it becomes necessary for a union steward to receive written permission, the department will provide a form which will be used for this purpose. Upon returning to his work assignment, the steward shall report to his immediate supervisor, unless prior consent not to do so has been secured. 6.5 Union stewards shall be active employees as designated by the Union, and shall be members of the bargaining unit. 6.6 Union representatives, while on public property and functioning as stewards, are subject tc the same rules of the Employer as all other public employes, except as specifically provided in this Agreement. 6.7 No employee shall function as a union steward while on leave of absence, without mutual consent of the Union and the Employer. 6.6 When it becomes necessary for a union steward to enter a division or area other than his own for the purpose of conducting union business authorized by this Agreement, he will secure permission for his presence from the supervisor of that area or division or activity and notify the supervisor of the general nature of his business. Such permission shall not be unreasonably withheld. 6.9 Nothing is this Agreement shall be construed to prevent any employee from presenting, at any time, his own grievances to the Employer, in person or by legal counsel, and having such grievances adjusted without the intervention of the bargaining agent if the adjustment is not inconsistent with the terms of the Agreement when in effect, and if the bargaining agent or his designee has been given reasonable opportunity to be present at any meeting called for the -11- ARTICLE 6 UNION STEWARDS AND UNION REPRESENTATION 6.1 Employees covered by this Agreement will be represented by stewards designated by the Union in the following locations of the Department of Public Works. Location Number of Stewards Atlantic Beach Water Treatment Plant/Public Works/Sanitation/Water Distribution/Parks and Recreation 1 Atlantic Beach Wastewater Treatment Plant 1 Buccaneer Water/Wastewater Treatment Plants 1 The Union may appoint one of the above stewards as a Roving Steward. When additional permanent work locations are created, the Employer and the Union will meet at the request of either party for the purpose of mutually determining the stewardship needs of the Union. 6.2 A written list of union stewards shall be furnished to the Director of Public Works/Engineer prior to the effective date of their assuming duties of office. Union stewards will not perform any grievance work until such notification is received by the Employer. 6.3 The Business Manager or the President of the Union, may, with prior authorization by the City Manager or Director of Public Works/Engineer, be admitted to the property of the Employer. Union officials, as designated above, shall be able to talk with employees before or after regular working hour or during the lunch hour of said employees on Employer property in areas mutually agreed upon by the Union and the Employer to discuss union business, including but not limited to, grievances, in areas mutually agreed upon by the Union and the Employer. 6.9 The following sections outline the duties and responsibilities of stewards recognized union representatives. In those cases which cannot be resolved otherwise, designated union stewards shall be granted reasonable time off, without loss of pay, to settle -10- shall not be subject to the grievance or arbitration procedures of this Agreement; provided however, that the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of this Agreement. -g- had prior to entering into this collective bargaining agreement are retained by the Employer, except as expressly and specifically abridged, delegated, granted or modified by this Agreement. The management rights, functions privileges and prerogatives referred to in this Article which the Employer has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance or arbitration procedures, and the Employer has no obligation to bargain over the decision to exercise such rights, functions, prerogatives and privileges, or the effect of such decisions. 5.3 Any and all aspects of wages, hours, and working conditions, which are not specifically covered by this Agreement, may be initiated, instituted, continued or discontinued without notification of or consultation with the Union. The Employer is not required to continue those voluntary aspects of wages, hours, and working conditions not included in this Agreement, but which were in effect prior to entering into this Agreement or instituted thereafter, nor shall the employees have any binding right to such matters. 5.4 It is agreed that every incidental duty connected with operations enumerated in job descriptions is not always comprehensive and employees at the discretion of the City may be required to perform duties not within their specific job descriptions as long as they are related to Department operations and have the approval of the Director of Public Works/Engineer. 5.5 Whenever it is determined that civil emergency conditions exist, including riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of the Agreement may be suspended by the Mayor, City Manager and/or Director of Public Works/Engineer during the time of the declared emergency provided that wage rates and monetary fringe benefits shall not be suspended. 5.6 The Publir_ Employer's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the Public Employer from exercising the same in some other way not in conflict with the express provisions of this Agreement. 5.7 The exercise of the above-referenced management prerogatives -8- ARTICLE S MANAGEMENT RIGHTS 5.1 Except as expressly provided for in this Agreement, the Public Employer retains the sole and exclusive right to manage its operations and direct the work of the bargaining unit employees, including the rights to decide the number and location of work stations, the operation of motorized equipment, the scope of service to be performed, the methods of service, the schedule of work time; to contract and subcontract existing and future work (should the Public Employer exercise its management right and decide to contract out existing and future bargaining unit work, the Public Employer agrees to notify the Union of its decision no less than fourteen (19) calender days prior to implementation of the decision and to meet with the Union; however, such obligation to meet with the Union shall not affect the Public Employer's right to implement said decision free from any bargaining obligation); to determine whether and to what extend the work required in its operations shall be performed by employees covered by this Agreement; to maintain order and efficiency in its work stations and locations; to curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the opinion of the Public Employer good business judgment makes such curtailment or discontinuance advisable; to hire, lay-off, assign, transfer, promote, demote and determine the qualifications of employees; to create new job classifications and to create and amend job descriptions; to determine the starting and quitting time and the number of hours to be worked; to require an employee to take a physical or mental examination, given by a health service, or a physician or psychiatrist selected by the Public Employer; to assign overtime work; to discipline, suspend, and/or discharge employees for just cause; and to have complete authority to exercise those rights and powers incidental thereto, including the right to make unilateral changes, subject only to such regulations governing the exercise of these rights as are expressly and specifically provided in this Agreement. 5.2 The above rights of the Public Employer are not all inclusive but indicate the type of matters or rights which belong to and are inherent to the Public Employer in its capacity as manager of the Public Services Department of the City. Any of the rights, powers, and authority the Employer -7- ARTICLE 4 MANAGEMENT SECURITY 9.1 A. The Union, its representatives, members or any persons acting on their behalf agree that the following "unlawful acts" as defined in Chapter 997, Florida Statutes are prohibited; 1) Solicitation of public employees during working hours or 2) Distributing literature during working hours in areas where the work of the public employees is performed. B. The circuit courts of the state shall have jurisdiction to enforce the provisions of this section by injunction and contempt proceedings if necessary. A public employee who is convicted of a violation of any provision of this section may be discharged or otherwise disciplined by the Public Employer notwithstanding further provisions of this or any other agreement. C. No employee organization shall directly or indirectly pay any fines or penalties assessed against individuals pursuant to the provisions of this article. 9.2 The Public Employer and Union agree that the basic intent of this Agreement is to provide a fair day's work in return for a fair day's pay and to provide conditions of employment suitable to maintain a competent work force. The Public Employer and Union affirm the joint opposition to any discriminatory practices in connection with employment, promotion, training or assignment remembering that the public interest requires full utilization of employees' skills and ability without regard to race, color, creed, religion, national origin, handicap or sex. 9.3 In accordance with Chapter 497, Florida Statutes, employees shall have the right to form, join and participate in or refrain from forming, joining or participating in an employee organization of their own choosing. They shall have the right to be represented by an employee organization of their choosing to negotiate collectively through a certified bargaining agent with the City in the determination of the terms and conditions of their employment. -6- ARTICLE 3 NO STRIKE PROVISION 3.1 The Union and bargaining unit members shall have no right to instigate, promote, sponsor, engage in, or condone any work stoppage, boycott, slow-down, strike, intentional disruption of City operations, or to withhold services for any reason. 3.2 Local 630, its officers, agents, stewards, and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and including their responsibility, in the event of breach of this Article or the law by other employees, and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike. 3.3 In addition to the penalties set forth in Section 997.507, Florida Statutes, any and all employees who violate any provision of the law prohibiting strikes or this Article may be disciplined, up to and including discharge, by the City. The only question that may be raised in any proceeding (grievance, judicial or otherwise) contesting such action is whether the provision prohibiting work stoppages, boycotts, slow-downs, strikes, intentional disruption of City operations, or the withholding of services was violated by the employee to be discharged or otherwise disciplined. 3.9 The circuit courts of this State shall have jurisdiction to enforce the provisions of this Section by ex parte injunction and contempt proceedings, if necessary. -5- defined bargaining unit. The print-out will contain the employees' name, address, social security number, classification, current rate of pay and length of service with the City. The City will not be responsible for the accuracy of the information provided. -9- ARTICLE 2 PAYROLL DEDUCTION AND DUES 2.1 Upon receipt of a written authorization from the employee covered by this Agreement, the Public Employer will deduct from the employee's pay the amount owed to the Union by such employee for dues. It is understood that this provision will provide for deductions equal to the number of pay periods per year. The Public Employer will submit to the Union the deducted sums within fifteen (15) calendar days. Changes in the Union membership dues and rates will be certified to the Public Employer in writing over the signature of the Business Agent of the Union and shall be done at least thirty (30) calendar days in advance of the effective date cf such change. The Public Employer's remittance will be deemed correct if the Union does not give written notice to the Public Employer within seven (7) calendar days after remittance :s received of its belief and reasons stated therefore that the remittance is incorrect. 2.2 The Union will indemnify, defend and hold the Public Employer harmless against any claim made, and against any suit instituted, against the Public Employer as the result of any check-off of union dues. 2.3 An employee may revoke his authorization for deduction of dues provided the employee gives thirty (30) calendar days written notice to the Public Employer and the Union. Upon receipt of such notification, the Public Employer shall terminate dues on the pay date immediately following the expiration of the thirty (30) calendar day notice period. 2.9 No deduction shall be made from the pay of an employee for any payroll period in which the employee's net earnings for that payroll period are less than the amount of dues to be checked off. Net earnings shall mean net after required deductions of federal taxes, social security, pensions, credit union, and health and life insurance. 2.5 If there is an amount deducted in excess of what is authorized by this Agreement, the employee affected shall seek recourse within the Union and not the City, provided that the excess amount deducted was in fact remitted to the Union in the form of union dues. 2.6 The City agrees to furnish the Union upon request with an annual computer print-out of all the employees within the -3- ARTICLE 1 RECOGNITION 1.1 Pursuant to and in accordance with all applicable provisions of Part II of Chapter 997, Florida Statutes, the Public Employer recognizes the Union as the exclusive collective bargaining representative for those employees in the unit certified by PERC (Certification No. 927) for the purpose of bargaining collectively in the determination of the wages, hours and terms and conditions of employment of those public employees within the following bargaining unit: INCLUDED: All regular full-time employees of the City of Atlantic Beach in the Public Works Department in the following job classifications: Dispatcher, Crew Chief, General Maintenance Worker Z and II, Heavy Equipment Operator, Lead Sanitation Worker, Maintenance Foreman, Mechanic I, Mechanic ZI, Sanitation Worker, Utility Pian Operator Trainee, Utility Worker, Meter Reader, Wastewater Trainee, Water/Wastewater C Operator and Sanitation Foreman. EXCLUDED: All other employees of the City of Atlantic Beach. The Employer agrees to promptly notify the Union in writing of its intention to create any job classification not specifically listed above, which classification might reasonably be expected to be appropriate for inclusion within the bargaining unit. The parties agree to meet and discuss reopening this section to add such classifications to the description above at the request of either party. 1.2 It is further understood and agreed that the Business Agent or his designee will be the official spokesman for the Union in any matter between the Union and the Public Employer, only however on the matters which the Union has authority regarding its membership. The Business Agent shall designate in writing the name of his designee. -2- AGREEMENT THIS AGREEMENT is entered into this 1st day of October, 1999, between the City of Atlantic Beach, hereinafter referred to as the Public Employer, or City, and the Northeast Florida Public Employees', Local 630, LIUNA, AFL-CIO, hereinafter referred to as Local 630, Union, or Employee Organization. It is the intent and purpose of this Agreement to assure sound and mutually beneficial working relationships between the parties hereto, to provide an orderly and peaceful means of resolving misunderstandings or differences which may arise and to set forth basic and full agreement between the parties concerning wages, hours and other conditions of employment enumerated herein. There are and shall be no individual arrangements or agreements covering any part or all of this Agreement contrary to the terms provided herein. It is mutually understood and declared to be the public policy of the Public Employer and the Union to promote harmonious and cooperative relationships between the Public Employer and the Union and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government. Whenever a male pronoun is used in this Agreement it shall be construed to include reference to both sexes. -1- UNIFORMS -96- MILEAGE ALLOWANCE -97- UNION TIME POOL -98- CAREER DEVELOPMENT -99- WAGES -51- ALCOHOL AND DRUG TESTING -54- SENIORITY -58- JOB QUALIFICATIONS AND PROMOTIONS -59- SEVERABILITY -60- SAVINGS CLAUSE -61- ENTIRE AGREEMENT -62- DURATION OF AGREEMENT -63- SIGNATURE PAGE -69 EXHIBIT A -65- EXHIBIT B -66- EXHIBIT C -67- -ii- 1 AGREEMENT between NORTHEAST FLORIDA PUBLIC EMPLOYEES' LOCAL 630 LIUNA, AFL-CIO !,aTERNgp~ AND G' 2 O 2, CITY OF A(aa'+t~e B~eauF - ~lo~aa CITY OF ATLANTIC BEACH, FLORIDA October 1, 1994, through September 30, 1997 (Amended 10/1/95) 01 W I 0 1. ' J i ~I ~ G ~ a l a i ~ y N I i ~ , I .C U 4 F~ I , ~ ^ ~ ~ ^ I ~ C I I I ~ ~ i `, F W I d I 8 ~ ~~ ° o E ~ , c v I o z o [ o u y w O S V ~ O I 1 O V I ~ I F R ti U .-t d ~~ W'~ LUj'i yNj' I r r } „ al I I I ° W .r I I ~ I I z . i O + I ~ G W ~ I ~ I .~ c U f l ( I I I I m n m x I I l 1' V f. i l l I S -~ I l l ' I I I ~ I W ~ I I O o! O' I I ~ I z U I ~ i ~ ~ c! G o I l o ¢ o' I of of f o N _ n O G ~ ~ ~ ^ ^ ~ ^ ~ I I j I ~_ x . ~ I I I ~ - ~ I ¢ F~ W. i t I I I I I ~I ~ I I I ' I I N ! i I O 2 r-1 - 1 W i " ~ I rn a ~ ! I I I ' a ! I I N I I = 44 ~ 8 ' I I I 1 ~ ! O I I I ' I I W ~' ~ ' ! ~ < 6 6~1 I I I U i I I I ! j (j V I I I I I I I I ! I I /- al I i l l! ~ ( I ! ~ I~! I Z ' I I I I I I ~ I ~ I I I r ' I l J W! ~ I ' I l l ~ l l l i l i l l i Q I I I VI i ! ~! I I i j ! I i I ~ I I a; a: I I I I i I ! I I !: I I ~~ i l l I i ~ i I~ I i ! I I D I I i i I ~ i I i I' I l i! ' I I I „ m UI I I I I I I I I I' ~ I I I i ° n I ~ I I I; I . , i I I I I ~ I I I ~ 1 I K I I ~ ~ 5 W' I ~ I 1 I I N I I I I I I I ~ I I G ~ ~ ! ~ ~ I ~ ~ i ~ N ~ ! I I ~ I l l l i I i m o . ,,~ a; ' _ aI9 - 361590d5'dN-Y0X-39YM~tld. C16 3131dI:0~ SI I I 1 I I I w r r 5 I I I -~ ., D ~ I I I ! ~ I I i I I ~ ! ! . i i I I I I I I ~ I ~ H I I E1 I ~ I I I ~ ! ~ I I I I of I I ~ ~ I ! r te <- ~ I ' I ! I ~ ~ ~ I I N. I I~ I ~ s ul I I .. ! . N I I I ' ~ I ~ I '1 U N F I Y I a .~] u 5 i 9 I OI ' I 1 6 Y :.Y I ~ I 6 ~ , . I U G O F.. .. . I ~' ; 0.1 2Y D V _ Y l 1 V I I! 0 ~; aF . . it yl ~~ i= :: M I y r _. W r ~ o' ~ ~ b 0.,' ~ m +lin a W~ Oi ZI ti I J I ~~ 6 O (` ~ ~) I ~ V U I wl , ! a s ~~ LL Uw Q I ~I I 9 N , ' . p.. FI . ~ .y,. i y r. I Dy fL (O m' Z Q! Y~ O O O! Wi ~ 4 uI .+ I 0 o ~ wl f p NI `p. of c! cl ul wl I `?' !-u o v. ~ w y cl ..i sl 0 .O.I i 1 ..I ~ ~I .. ~: jC UIO O C! mi I 0 m ~I a p ~ I i I ~ I ~ ] Z i I • I s ~ ~ Q LL ( ( ( I ! m W I ( I ( I 1 N F 2 0 V Y_ m E CITY VF i'gtla+ctlc b"cack - 7lo~ttcla March 5, 1996 AWARDS COMMITTEE MINUTES THURSDAY, FEBRUARY 29, 1996 B00 SEMINOLE FIORD ATLANTIC BEACH, FLOFtHN J221}SNS TELEPHONE 19W1 ~7-5800 FAX 190<I Z~7-5805 The Awards Committee met on Thursday, February 29, 1996, at 2:00 PM, [o receive bid advertised as BID N0. 9596-6 - DESIGN, CONSTRUCTION, AND RENOVATION OF PUBLIC SAFETY BUILDING. Present at the bid opening were Commissioner John Meserve, Chairman, City Manager Jim Jarboe, Public Safely Director David Thompson, Fire Chief John Ruley, Building Official Don Ford, and Purchasing Agent Joan LaVake. A pre-bid conference was held on January 11, 1996, in the Commission Chamber. Ten (10) contractors attended that conference. Four bids were received as follor~: Harrell Construction Jacksonville, FL Nooney Construction Jacksonville, FL Ashton Construction Jacksonville, FL Custom Construction by Harris Jacksonville, FL TOTAL PRIL'E BID $ 190,219.00 212,000.00 238,408.00 INCOMPLETE BID PACKAGE NON-RESPONSIVE Twenty-six (26) references were provided to the Ci[y by Harrell Construction, six (6) of which were randomly chosen and checked. All were very positive; no negative reports. In accordance with the facts and observations contained in [he Staff Report provided by Public Safety Director David Thompson (attached), it is the consensus of the committee that it recommend to the City Commission that i[ accept the bid from Harrell Construction as lowest and most responsive bid meeting bid specifications, and make the award accordingly. Respectfully submitted, Joan LaVake, Purchasing Agent CITY OF ATLANTIC BEACH CITY COMMISSION MEETIIVG STAFF REPORT AGENDA ITEM: Expansion of Public Safety Building SUBMI'T'TED BY: David E. Thompson, Director of Public Safety DATE: March 1, 1996 BACKGROUND: The City Commission authorized staffto advertise and obtain sealed bids for the design and construction for the expansion of the public safety building. The basic concepts were previously presented by staff and the project was properly bid through the Finance Department. There was apre-bid conference in January, and the bids were opened after the 2:00 PM deadline on February 29, 1996. The low bid was from Harrell Construction from Jacksonville, Fl with a price of $190,219. They also submitted a complete bid package. The bid package was reviewed, and the Purchasing will be checking on references. The dollar amount is well under the funding that had been budgeted for this project ($237,000 plus design and administration fees). Harrell Construction did not submit a bid on the fire sprinkling system for the new area, and it is the recommendation of the Department of Public Safety that we pursue this option, listed on the bid as Alternate # 1. The prices of the bidders were compared without Alternate #1 so that they would represent a fair comparison of the same work. RECOMMENDAT70NS: We recommend that the City Commission award the Public Safety Building Expansion to Harretl Construction for $190,219. We also recommend that the Commission authorize staff to seek bids on adding a sprinkler system to the new construction that meets appropriate fire codes. ATTACHMENTS: Bid Info from Purchasing REVIEWED BY CITY MANAGER: AGENDA ITEM NO. n ALAN W. POTTER, SR. 374 Second Street Atlantic Beach, Florida 32233 March 11. 1996 City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Attn: City Commissioners Re: Public Service Dear Commissioners: More than forty years ago, General Douglas MacArthur restated, in his farewell address to the Congress, the U. S. Military Academy Creed: "DUTY, HONOR, COUNTRY" General MacArthur exemplified that pledge. At this time, I submit to each of you, that the public servants of the Cfty of Atlantic Beach - elected, appointed, and volunteer -should adhere to a similar creed: DUTY, HONOR, COMMUNITY I respectfully submit that the actions of the City Commission and the appointed administrators, that concern the financial obligations of all Atlantic Beach citizens, warrants the application of such a creed by each and all. Respectfully, ~! /~ AI W. Potter, Sr. 1t**~ SIGNS OF pl.L KINDS ORDER .WORK SHEET . CUSTOMER ORDER NO _.._ __.-_______ ~ .,--.,__._ SOLO TQ Allnn[ir Gn:+rl~ f`i r.y L_L1.~._- -.__-_ STREET _-_ _., ORDERED BY Jnck is_'I'I""' TERMS -_.._._.-__-- a QUANTITY 8679 Yi. Bl'Jva Strgr ,Ivrksonrillc. Ilu 37270 ;90d) Jal•SxiO .h . .ESTIMATE 1 ~ "4-'+6 -- OAT E _.- - -- --_ __ N0. _-. ---- - ~_. ...------------_-CITY._ ___-- STATE _.-_._-~_..TELEPHONE N0. 147-sN7i, PAX Z~+)-'iR4J ----~ -----..-_~- ------------__ SALESMAN----•----------- [J (; ° ., /1 ff //~~ + ~~ d 1' r... f' Y _ r• _ . f. n r. l: A Ad Amcrirn wtJl l:+hrl rnrr .,nJ iuslel7 t+nr dnuhlr fnL• •r rrdwond r;iTn• Faudl+J nxl C!1 and lmintrrJ custt+m r(+lprn, l n>:r:111cd ryn xllm will Lr 2 a1~nuQ+gm frnmrx 74" s >' w1 U+ whilr plrxl fnrrc trerkrd [n Lnjd .l ].1nen of r~PY J'~ hiph• Inch zi!+.n wi I I h:rvr I+i n};cd lrxnn (•j (~at Cl ~' wi lh lr+ck:; nn boLlam. 1011 .LellcYS 7" I+i1Lh wi)I Le fnruivlwd with lh!• r;iu+. TOTAL •. ~~~3.~ ,. :.I:+x.if :my, nor inol ORDER RECEIVED: OATE_.- .._. _ _..__ ~ -- BY _ _-'_.^ .~__ ~~ ~ o~ ~' ; ~~~~~ aac,?• 555 Deltwood Ave. Jacksonville, Florida 32204 (904) 355-9975 • Fax 355-0083 CITY OF ATLAtsi'IC BDACH 1200 Sandpiper Lane Atlantic Beach, Florida 32233-4381 gal PROPOSAL AND ACCEPTANCE 247-5943 eET FGRrN 1-17,96 2'x7' Double Faced Non illuminated sign cabinet with flat acrylic white faces and changeable copy tracts mounted nn 30"x120" redwood sandblasted sign: - i.oodgrain loo{: only. Border painted Aray to match existin, siZn. 2 boxes letters $1,555.00 Lod<ed Lexan cover for double faced sign add 778.04 TOTAL INSTALLED PRICE $2,333.04 ***PRICE DOES NOT INCLUDE PERMITS OR SALES TAX 1) AU ELECTIeGI IFJW ry, [tecrwr; i(IIVIL4 AND EIFOrwG COIMFCMW r0 eE fUMENEO ry eVTF/Te EIEOrrKWt ^) eIAlONO AFOOw 6rON /EMT ~) ~NOUlDEO F A•RK'M.E. in iqN AIO w6TAl1A1xlN T06E N ACCOf•DVICF MTH ALL Grv AN01[GS0r1 PION CIVIEfYA A1q AYPUCAaIF OROINMKFfl 4 F UAJetIAI f}DOW CONOrfrbl{ k~:lE00E. r10CR, BTtsS.0A5, ftECTgIC, P11y~E ANpR1 sFT.cw trEf, rVJ1p wAN. WAiEn OR MNO GVEa4, ETC1 AJ! ENCOIlrtE wf D W 01101Fq IQTALLATI[.M. rps OOrTtENDT q eWpNa: pWEyfll AN AOprgl(AI (.OJI <LSEOON IXFl LIBOR lIAf,OMTIWOT lAeOw AND rEAIE141l. TVlt eE ADDED i0 M AFP'E rRCE. q F IQDED, M'FA b 10 FIAIN7N lEtlETi MTN AOOw(K. SilNrl6 AIA /l01 FUM 7NOP'Nq EIV CT IpD~ rqM Of y1Qy. • A TFp -r10P17eM WT eE MTICIF~WN F NOT ACCEErEOMTNIN f Wi1V 04TT figN TlE DOVE GTF. LISTED SO% DEPOSfT OF S BALANCE OF S AT TIME OF COMPLETION. M payment is not marls wilh!n 10 days o; conplation, interest on unpaid balance will bs clomped at Iha refs Ot t t!2% per rtgnth. D{fK'!NE .'OnowNe• w 0°'w~"10r' AIp AmO°~yt. row a un M OAK R NEON ART SI SIGNS I N /'~ rMfALLAT1ON FwsTAWrgNO E•TE COYMw1'Al1Y ALTEMYW ADENMTY}IwgY C, !Nf A/JEE RtlFLAllpe •f1Sw Nn rmr. r~rw r! ~ •r .-..~....n ~..... ~...r-.. 1 AUTHORIZED SIGNATURE: Angela Thompson ACCEPTANCE OF PROPOSAL: Ttw EDw•prba!, Fp~p,s.,,om„m,,. N NNltlory W N MnDY souEq.d YoY sn swwao a do trr waf Y wiw. Mrr,fr~ w a N.aE n anrnEO.NOV•. DATE OF ACCEPTANCE: SIGNATURE: SIGNATURE: • The Studios Of / / CRE•A•TIVE EN•VI •R ONS, INC. Signage Mural • Sculpture Theming • Scenic Art BILL TO: City of Atlantic Beach Atlantic Beach, FL 32233 Attn: Jack Baldwin DATE INVOICE i 2/2/96 51 DESCRIPTION AMOBtt7 50% deposit on sandblasted sign per proposal date 2 Feb. 96 1,031.50 Sales Tax 0.00 Thank you for your business. TOTAL S 1,031.50 t'. O. Boz 877 • t'ontr VrAra Brach, Flori4a 3200-0877 • Phonr (90~) 2~6-3777 • FAX (904) 2~7-0032 'The Studios Of / / CRE•A•TIVE EN•VI •R ONS, INC. Signage Mural Sculpture Theming Scenic Art 2 February 96 •'''<:`~ JI7F- City of Atlantic Beach /Public Works ~ ~ t l yr,, Atlantic Beach, FL 32233 Attn: Jack Baldwin ' ' ' - ~:; Scone of Services Furnish and install 1 each double faced reader board sign under existing sandblasted sign as follows: • Reader Board assembly to consist of 3/16" white plexiglass for background, clear tracks, 1t4" clear plexiglass with locks and hinges for access doors both sides. Cabinet construction out of aluminum with plexiglass face with locks. • Panel to match existing sand blasted sign fabricated of clear all heart redwood. Panel size 24° x 120". • Base price includes 1 set of 6" changeable letters. Painted as directed by owner. All installation complete. • Terms: 50°~ deposit balance due upon completion Total Price Please call if any further information is needed. Sincerely, ( John ~. Oldham Approved by: $2063.00 ~1 G JROlkpj P O Box 877 • Poote Vedra Beach, Florida 32004-0877 • Phone (904) 246-.1777 • FAX /9041 247-0032 This Agreement including Exhibit "A" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. CITY OF ATLANTIC BEACH By: _ Name: FLORIDA COMMUNITIES TRUST Rv James F. Murley, Chair Date: Accepted as to Form and Legal Sufficiency: CITY OF JACKSONVII.LE By: Name: Date: Accepted as to Form and Legal Sufficiency: Date: Date: Accepted as to Form and Legal Sufficiency: Ann J. Wild, Trust Counsel CAA/95-O51-P56 Reim.DR/1-22-96 la 5. The FCT Recipient shall ensure that the Project Site and listed animal species and their habitat are sufficirntly buffered from the adverse impacts of adjacent land uses. 6. The FCT Recipient shall restore 1 acre of the Project Site by removing exotic vegetation and replanting with native veeetative species. ~. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources, in order to prevent the disturbance of significant sites. 8. Access to the Project Site by pedestrians, bicyclists and persons on non-motorized vehicles shall be promoted except in those areas where resource protection considerations warrant limiting access. 9. The FCT Recipient shall provide educational programs at the Project Site. The programs shall include guided tours, seminars and other programs for school groups and the general public. 0. The FCT Recipient shall remove all trash and debris from the Project Site. 11. The FCT Recipient shall coordinate security, access, and resource management issues with the with power line easement or right-of--way holder. The FCT Recipirnt in cooperation with the easement or right-of--way holder shall pursue the restoration of a more natural vegetative community within the utility corridor. 12. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for activities associated with the Project Sitc shall not conflict with the terms and conditions of the FCT award. CAA/95-051-P56 Reim.Dft/1-22-96 13 .. «:~ DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WII.L IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBII-ITY TO ENSURE THAT THE CONDITIONS DvIPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. VIII. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN The management plan for the Project Site is mentioned throughout this Agrcement, and is particularly described in Paragraph l .b. of Section III above. In addition to the various conditions already described in this Agrcement, which apply to all sites acquired with FCT funds, the management plan shall address the following conditions that are particular to the Project Site and result from either representations made in the application that received scoring points or observations made by the FCT staffduring the site visit described in Rule 9K-4.010(2)(f), F.A.C.: 1. The FCT Recipient shall provide outdoor recreational facilities includin¢ a nature trail, elevated walF.~vays, a canoe launch and fishing dock, interpretive signage and limited parking on the Project Site. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the significant natural resources on the Project Site without causing harm to those resources. 2. The timing and extent of a vegetative communities and plant species survey of the Project Site shall be specified in the management plan. The FCT Recipient shall detail how the survey shall be used during development of the site to insure the protection, restoration, and preservation of the natural resources on the Project Site. 3. The oak hammock, pine flatwood, and saltmarsh communities that exist on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these vegetative communities. 4. The Project Site shall be managed in a manner that optimizes habitat for listed wildlife species that utilize or could potentially utilize the Project Site, including the gopher tortoise, gopher frog, snowy egret and other listed bird species. The FCT Recipient shall coordinate with the Game and Freshwater Fish Commission on the mangement of the Project Site for the protection of listed species and listed species habitat. The FCT Recipient shall also conduct periodic surveys of listed species using the Project Site and develop informational signs relating to the protection of listed animal species and their habitat. CA.A,'95-051-P56 Reim.Dft/1-22-96 12 and circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest. FCT Recipient agrees and acknowledges that the following transactions, events, and circumstances may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The FCT Recipient further agrees and acknowledges that the following transactions, events, and circumstances may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service. any sale or lease of any interest in the Project Site to any person or organization; b. the operation of any concession on the Proiect Site by any person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d anv use of the Proiect Site by any person other than in such person's capacity as a member of the eeneral public; e- am chance in the character or use of the Proiect Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; a management contract of the Project Site with any person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. The foregoing aze collectively referred to as the "Disallowable Activities." VII. DISALLOWABLE ACI'IVIT'IES/REMEDIES In the event that FCT determines at any time or from time to time that the FCT Recipient is engaging or allowing others to engage in Disallowable Activities on the Project Site, the FCT Recipient agrees to immediately cease or cause the cessation of the Disallowable Activity upon receipt of written notice from the FCT. To the extent allowed by law, FCT Recipient hereby indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any nature whatsoever arising from or with respect to Disallowable Activities on the Project Site. Nothing herein shall be deemed a waiver of the FCT Recipient's sovereign immunity- In addition to all other rights and remedies at law or in equity, FCT shall have the ri¢ht to temporary and permanent injunctions against FCT Recipient for any Disallowable Activity on the Project Site. CAA/95-G51-P56 Reim.Dfi/1-22-96 11 V. OBLIGATIUNS OF THE FCT RECIPIENT AS A CONDITION' OF PROJECT FUNDING 1. Following ti,.. acquisition of the Project Site, the FCT Recipient shall ensure that the future land use designa[ion assigned to the Project Site is for a category dedicated [o open space, conservation, or outdoor recreation uses az appropriate. If an amendment to the FCT Recipient's comprehensive plan is required, the amendment shall be proposed at the next comprehersive plan amendment cycle available to the FCT Recipient subsequent to the Project Site's acquisition. 2 FCT Recipient shall ensure. and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 3. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the management plan approve by the FCT as a part of the project plan. 4 FCT staff or its duly authorized representatives shall have the right at any [ime to inspect the Project Site and the operations of the FCT Recipient at the Project Si[e. 5. All buildings, structures, improvements, and signs shall require the prior written approval of FCT az to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings. improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. VI. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorizr-d by Sections 375.045(4) and 380.510(7xa) and (b), F.S., to impose wnditions for funding on FCT Recipient in order to ensure that the project complies with the requirements for the use of Preservation 2000 Bond proceeds including without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder az the same pertain to tax exempt bonds. 2. If the Project Site is to remain subject, after its acquisition by the FCT Recipient and/or the Trustees, to any of the below listed transactions, events, and circumstances, the FCT Recipient shall provide at least 60 days advance written notice of any such uansactions, events, CAA/95-051-P56 Reim.Dft/I-22-96 l0 3. Each parcel to which the FCT Recipient acquires title in the Project Site shall be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.045 and 375.051, F.S.; Section 9, Article XII of the State Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of ti*.!e to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the Project Site conveyed thereby for such purposes. Such covenants and restrictions as are described in this paragraph shall be in the form of a Grant Award Agreement, prepared by FCT, executed by the parties to the Conceptual Approval Agreement and recorded at the time of reimbursement for acquisition of the Project Site. The recordable Grant Award Agrcement shall restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. All statements contained in the rewrdable Grant Award Agreement are contained in this Conceptual Approval Agreement, with the exception of statements that do not survive the reimbursement for the acquisition of the Project Site. 4. The Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 3 above and describing the real property subject to the Agreement shall be executed by the FCT and FCT Recipient at the time of the reimbursement for the Project Si[e and shall be recorded in the county in which the Project Site is located. 5. If anv essential term or condition of the Grant Award Agreement is violated, and the FCT Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustces of the Internal Improvement Trust Fund. The Grant Award Agreement referenced in pazagraph 3 above shall set forth the executory interest of the Board of Trustces of the Internal Improvement Trust Fund. 6. The interest acquired by the FCT Recipient in the Project Site shall not serve as security for any debt of the FCT Recipient. 7. If the existence of the FCT R ecipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed or revert to the Board of Trustces of the Intemal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 8. The Project Site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation that is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site must be specifically designated in the management plan approved by the FCT as a part of the project plan. CAA,~95-051-P56 h. An affidavit from the FCT Recipient evidencing that after conducting a diligent search, the FCT Recipient, to the best of its knowledge, represents that there are no existing or pending violations of any local, state, regional and federal laws and regulations on the Project Site. 4. The FCT strongly encourages the FCT Recipirnt to request a courtesy review of its entire project plan, but especially its management plan, well in advance of the mceting of the FCT Governing Body where the project plan will be considered for approval and funds will be authorized for disbursement. As a part of its duties to the Governing Body, FCT Staff will make a recommendation of approval of complete and accurate project plans or disapproval of incomplete or insufficient project plans. FCT Recipient is strongly urged to coordinate with the FCT staff in order that the FCT review of the management plan coincides with the anticipated Governing Body approval. 5. Pursuant to 9K-4.011(2)(hj. F.A.C., FCT shall withhold project plan approval if the local comprehensive plan(s) of the FCT Recipient or the FCT Recipient's partner is, for any reason found not in compliance by the Department after conceptual approval has been granted by FCT, unless the FCT Recipient has executed a Compliance Agreement (formerly called a stipulated settlement agreement) with the Department to resolve all of the issues raised by the Department in a statement of intent to find a plan not in compliance issued tc pursuant to Section 163.3184(8), F.S. 6. Pursuant to Rule 9K-4.010(3). F.A.C., the FCT shall publish a Notice of Approval for Preservation 2000 Funds in the Florida Administrative Wcekly that shall list each project plan that has received approval for funding and the amount of funding approved. Any person with a substantial interest that are or may be determined by the decision of the FCT to reject or approve the project plan may request an administrative proceeding pursuant to Section 120.57, F.S. within 21 days from publication of the Notice of Approval for Preservation 2000 Funds. Reimbursement of vests of acquisition of the Project Site may only take place after expiration of the 21-day notice period, so long as no requests for an administrative proceeding have been filed. IV. PROJECT SITE ACQUISFI'ION REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, F.S. FCT RECIPIENT AGREES AS FOLLOVI'S: ] . FCT shall approve the terms under which the interest in land was acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given whrn the FCT governing body approves the project plan containing a wpy of the document vesting title to the Project Site in the FCT Recipient. 2. Title to the Project Site shall be titled in the FCT Recipirnt. CAA/95-051-P56 Reim.Dft/1-22-96 (4) Certified survey of the Project Site that meets the requirements of Rule 9K-6.006, F.A.C., and dated within 90 days of the date of acquisition of Project Site by FCT Recipient. (5) Appraisal report(s) prepared for the FCT Recipient's acquisition oC the Project Site that complies with the requirements of Rule 9K-6.007, F.A.C. (6) A copy of the title insurance policy evidencing marketable title in FCT Recipient to the Project Si[e and effective the date of acquisition of the Project Site by the FCT Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by FCT Recipient, and all documents referenced in the title policy. (7) Environmental site assessment of the Project Site certified to the FCT Recipient, which meets the standards and requirements of the FCT Recipient, and with a date of certification within 45 days before the date of acquisition of the Project Site by FCT Recipient, together with the statement required by Rule 9K-6.OI2(4), F.A.C. c. A management plan that complies with the following: written according to Exhibit A (FCT Technical Assistance Bulletin #2-Writing a Management Plan), which is attached hereto and incorporated herein by reference; acceptable to FCT; addresses the criteria and conditions set forth in Section V, VI, VII and VIII hereinbeiow; and, at a minimum, sets forth how the site will be managed to further the purpose of the proiect, contains a description of all planned improvements to the Project Site, idrntifies the costs of management and site improvement and funding sources, and identifies the management entity and its funding source. If the FCT Recipient is not the proposed managing entity, the project plan must include a signed a¢reemrnt between the FCT Recipirnt and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. d- A statement of the total Project Cost, including all non-recurring costs of project development. e. A statement of the amount of the award being requested from FCT. f. A statement from each FCT Recipirnt in whose jurisdiction the Project Site is located that the project plan is consistrnt with the local comprehensive plan. g. Evidence that conditions imposed as a pan of the Conceptual Approval Agreement have been satisfied. CAA/95-O51-P56 Reim.Dft/] -22-96 b. the FCT Recipient shall, on the anniversary date of the approval of the project plan by the Governing Body, prepare and submit to FCT an annual repott az required by Rule 9K-4.013, F.A.C. c. the FCT Recipient authorizes the individual named in this pazagraph to execute all documents in connexion with this project on behalf of the FCT Recipient, including but not limited to the Conceptual Approval Agrecment or any addenda thereto, Brant reconciliation statement, statements submitted as a part of the project plan, and Grant Award Agreement pursuant to Rule 9K-6.014(6), F.A.C.: wi mr~ Lyman T. Fletcher 'rte Mayor Addre« 800 Seminole Road Atlantic Beach, FI. 32233 247 904) 247-5805 2. Prior to final disbursement of award funds by FCT, the FCT Recipient must prepaze a project plan that complies with Rule 9K-4.011, F.A.C. This project plan is a compilation of the following items listed below, which must be reviewed and approved by FCT in a meeting of the Governing Body. In the event that the FCT Recipient is a pattnership, the FCT Recipient must provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its project plan. The project plan shall inciude, and shall not be considered by FCT unless it includes all of the following: a. A statement that the acquisition activities were conducted consistent with either Rule 9K-6.004(3xdx1) or (2), F.A.C., whichever applies. b. The following doaments, to be reviewed by FCT to ensure that the interest of the State of Florida will be protected: (]) A copy of the real estate contract for sale and purchase of the Project Site between FCT Recipient and James T. Tresca _ (2) A copy of Buyer and Seller closing statements for the purchase of the Project Site. (3) A copy of the recorded deed evidencing conveyance of title to the Project Site to the FCT Recipient. CAA/95-051-P56 Reim.Dft/1-22-96 11. The FCT Recipirnt's local match, if any is required, shall be delivered either in the form of eligible Project Costs prepaid to vendors by the FCT Recipirnt. If the Project Site is comprised of multiple parcels, the FCT Recipient shall only be reimbursed for the eligible project costs that correspond to the parcel being reimbursed. The cash expended by the FCT Recipient for eligible Project Costs incurred by the FCT Recipient will be recognized as part of the local thatch, if any is required, on the grant reconciliation statement prepared pursuant to paragraph 10 above. In the event FCT Recipient's application #t95-051-P56 represents that land is the source of local match, if any is required, the value attributed to the land local match shall be determined after an appraisal report that complies with the procedures and requirements set forth in Rule 9I:- 6.007, F.A.C. 12. The FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series P56 Funding Cycle on September 14, 1995, at which time the Project Site became part of a list of lands that were approved for consideration for land acquisition. If action initiated by the FCT Recipient that is the local government having jurisdiction over the project site, subsequent to September 14, 1995, results in a governmentally- derived higher value due to an enhanced highest and best use, the reimbursement for land costs shall be determined by appraisal(s) based on. the highest and best use of the Project Site on or before September 14, 1995. 13. FCT Recipient hereby notifies the FCT that the following individual is the authorzed key contact, or project mana¢er, on behalf of the FCT Recipient for purposes of coordinating project activities for the duration of the project: I~.,.~e George Worley ZI Titl City Planner Addre« 800 Seminole Road Atlantlc Beach FL 32233 Phone (S04) 247-5826 _ Far (904) 247-5805 _ 14. This Agreement may be amended at any time prior to FCT giving project plan approval to the FCT Recipient. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. II. REQUIREMENTS THAT MUST BE MET PRIOR TO PROJECT PLAN APPROVAL AND THE DELIVERY OF AWARD FUNDS FOR REIMBURSEMENT OF PROJECT COSTS EJ-PENDED BY FCT RECIPIENT TO ACQUIRE PROJECT SITE By execution of this Agreement, the FCT Recipient affirms that: a. the FCT Recipient reaffirms the representations made in FCT Application #95-OS]-P56; CAA/95-O51-P56 Reim.Dft/1-22-96 6. FCT Recipient agrees to make diligrnt efforts to submit the documentation that is required in this Agreemrnt as soon as is reasonably pouible to FCT so that acquisition costs for the Project Si[e may be reimbursed in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines, whether stated in this Agreemrnt or associated with meetings of the FCT Governing Body, may result in delays in the project, may result in allocation of time or resources to other recipients that responded timely, and may result in this Agreement being voidable. It is the responsibility of the FCT Recipient to know all project deadlines, to devise a method of monitorine the project, and to adhere to all deadlines. 7. The FCT Preservation 2000 award granted to the FCT Recipient will in no event exceed the lesser of FIFTY percent (50%) of the final total project costs, as defined in Rule 9K- 4.002(31), F.A.C., or ONE HUNDRED NINETEEN THOUSAND SIX HUNDRED AND SD{TY-SIX AND 10/100 Dollars (5119, 6666. ]0), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K-4.01 ](2)(a), F.A.C. 8. The grant amount stated paragraph 7 above is based on the FCT Recipient's estimate of Total Project Costs in application #95-051-P56, as well as limits on awards in the Notice of Application Period announcing the application cycle. R'hen disbursing funds for the proiect, the FCT will recognize the actual total Project Costs, defined in Rule 9K~.002(3 i ), F.A.C., for acquisition of the Proiect Site. The total project costs will be reflected on a grant reconciliation statement prepared pursuant to paragraph ]0 below. The FCT will participate in the land cost at either the actual purchase price, or the maximum approved purchase price based on appraisal reports that comply with requiremrnts set forth in Rule 9K-6.007, F.AC., whichever is less, and multiplied by the percent stated in paragraph 7 above.. 9. The FCT Govemin¢ Bodv has given Conceptual Approval for funding to acquire the entire Project Site identified in the FCT Recipient's application #95-051-P56. The Governing Body reserves the right to withdraw the FCT award if the acreage that comprises the Project Site is reduced so that the objectives of the acquisition cannot be achieved. ] 0. The FCT funds shall be delivered either in the forth of eligible Project Costs prepaid by FCT to vendors or in the form of a state warrant to the FCT Recipient. FCT award funds shall only be delivered after FCT approval of the project plan and terms of the acquisition of the Project Site. If the Project Site is comprised of multiple parcels, FCT shall deliver only the share of the FCT award that corresponds to the parcel for which reimbursement is being made. FCT will prepaze a grant reconciliation statement prior to the reimbursement that will evidence the amount of local match, if any is required, provided by the FCT Recipient and the portion of the FCT award that corresponds to the parcel for which reimbursement is being made. Cash expended by the FCT for eligible Project Costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. CAA/95-051-P56 Reim.Dfi/ 1-22-96 2. The name Conceptua! Approva! Agreement is used to indicate that the project has been approved as a concept that was described m FCT Application #95-O51-P56. The Conceptual Approval Agreement is in every respect a grant contract between the parties. The Agreement describes activities that will be conducted both prior and subsequent to reimbursement for acquisition costs for the project site, which is the subject of the application that was submitted and selected for funding by the FCT. 3. Conceptual Approval for funding shall be until November 8, 1996. In the event the project has not been completed in full by November 8, 1996, the Conceptual Approval Agreement must be extended in order that the grant will remain in effect. In advance of the November 8, 1996, date and in sufficient time before a meeting of the FCT governing board that would allow approval of an extension to this Agrcement before its expiration, the FCT Recipient must request a written extension to the Conceptual Approval Agreement for project continuation in compliance with Rule 9k-4.010(2xk). F.A.C. If the FCT Recipient does not request an extension, or if an extension is not granted to the FCT Recipient by the FCT Governing Body, the Preservation 2000 award granted to the FCT Recipient by the Governing Body shall terminate and all obligations hereunder shall cease. 4. Extensions to this Agreement, described in Paragraph 3 above, shall not exceed two (2) years from date the Agreement was approved by the FCT, except as described in this paragraph. If the project is not concluded by February 7, 1998, the project may only be extended if the FCT Governing Body determines that a request for additional time to complete the project is based upon compelling and extraordinary circumstances that would have precluded the project from having bcen concluded sooner. This two-year limitation is based upon the FCT's continuing concern at the length of time required by many local governments to conclude their projects, as well as the Florida Legislature's on-going concern at the rate of expenditure ofFCT's Preservation 2000 funds. 5. This Ageement may be terminated before its expiration at the written request of the FCT Recipient. Such a request shall fully describe the circumstances that compel the FCT Recipient to terminate the project. A request for termination should be mailed to the offices of the FCT at the address given in paragraph 1 above. The request for termination will be placed on the agenda of the next regularly scheduled meeting of the FCT Governing Body for wncurrence by the FCT. The termination shall be acknowledged by the FCT in a letter to the FCT Reapient. Circumstances may arise that, in the analysis of the FCT, warrant termination of the project before its completion . In such an event, the FCT will advise the FCT Recipient of its analysis and will confer with the FCT Recipient on continuation of the project. If the FCT Recipient concurs, a request for termination will be considered at the next regularly scheduled meeting of the FCT Governing Body. CAA/95-051-P56 Reim.Dft/1-22-96 WHEREAS, the FCT Governing Body met on December 14, 1995, to rank and select projects that were to receive Conceptual Approval for funding; WHEREAS, the FCT Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule Chapter 9K-4, F.A.C., and more particularly described within this Agreement; WHEREAS, Rule 9K-4.010(2)(£), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, Rule 9K-4.0031(9) F.A.C., recognizes real property owned by the Recipient and included in the application as pan of the Project Site as an eligible source of local match, provided that real property owned by the Recipient has been acquired, by the Recipient, within one year of the publication date of the Notice of Application Period for which the application was made. The date of this Notice was June 2, 1995; WHEREAS, the FCT Recipient acquired the fee simple title to the Project Site on November 21, 1994from .lames T. Tresca ; WHEREAS, the FCT Recipient has requested disbursement of FCT Preservation 2000 Series Bond Proceeds from FCT subsequent to the closing on the acquisition of the Project Site for the project costs expended for the acquisition of the Project Site by the FCT Recipient; and WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual Approval that must be satisfied by FCT Recipient prior to the disbursemrnt of any FCT Preservation 2000 awazd and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Series Bond Proceeds. NOW THEREFORE, FCT and FCT Recipient mutually agree as follows: I. GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by FCT Recipient and returned to the FCT office at 2740 Crnterview Drive, Tallahassee, Florida 32399-2]00 as soon as possible and before April 1,1996. Upon receipt of the signed Agreements by FCT ,FCT will execute the Agreements, retain one original wpy and return all other copies that have been exewted to FCT Recipirnt. If the FCT Recipient requires more than one original documrnt, the FCT Recipirnt should photocopy the number of additiottal copies needed, and then execute each as an original document. CAA/95-O51-P56 Reim.Dfi/] -22-96 FCT CONTRACT k FLORIDA COMMUNITIES TRUST PSA AWARD# 95-051-P56 CONCEPTUAL APPROVAL AGREEMENT THIS AGREEMENT is entered into on , 1996, the date the last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and CITY OF ATLANTIC BEACH and CITY OF JACKSONVII.LE (FCT Recipient), a local government of the State of Florida, in order to impose terms and conditions on the disbursement of Preservation 2000 Revenue Bond proceeds as partial reimbursement of funds expended by the FCT Recipient to acquire land (Project Site), hereinafter described, and to impose terms and conditions on the Project Site, as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Sections 259.101, 375.045, and Chapter 380, Part III, Florida Statutes (F.S.). WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to tarty out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259. ] Ol (3xc) of the Florida Preservation 2000 Act provides for the distribution often percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grams and loans to local governments through the FCT; WHEREAS, the Governor and Cabinet authorized the sale and isstunce of State of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds (Bonds); WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K-4, Florida Administrative Code (F.A.C.) sets forth the procedures for evaluation and selection of (ands proposed for acquisition using funds allocated to the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund; CAA/95-051-P56 Reim.Dft/1-22-96 AGENDA ITEM: Conceptual Approval Agreement, Preservation 2000 Grant SUBMITTED BY: George Worley Ii, Community Development Director ~ (-~'` DATE: March 5, 1996 BACKGROUND: As reported at previous Commission Meetings, the City of Atlantic Beach has applied for and received grant monies to reimburse the purchase of the Treace Property. The grant from the Florida Communities Trust (FCT) known as Preservation 2000. Because the Cily had completed the acquisition of the property prior to appying for the grant, we were in a posttion to fast-track the reimbursement process by provkting all of the closing documents to the FCT immediately after receiving their approval. To follow up on this fast-track we must approve and submit the approval agreement attached and we must submd a management plan. The management plan is being prepared and will be submitted to you for review at a forth coming meeting. RECOMMENDATION: The Staff recommends that the City Commission approve this Conceptual Approval Agreement and authorize the Mayor to execute it. The agreement names the City of Jecksomrille as a supporting applicant and therefore we must submd the agreement to the City of JacksonviNe for signature prior to returning it to the FCT. ATTACHMENTS: 1) Conceptual Approval Agreement between the City of Atlantic Beach and the Florida Communities Trust. ~~I ' ~j~ L REVIEWED BY CITY MANAGER: ~~-~ 1`1`4'`^-~~ AGENDA ITEM NO. ~~ i .- ~~Cl)T1t? ~~di1t1C l~Olllp~UJU ~• ' .' t ~ir~~~-' i : ~ . CURD SID[ RECYCLE CONTAINERS I' ~ '~ I '..nr:':; -, ~ SINGLE DIN SYSTEMS _--. 14 GALLON BIN DIMENSIONS LENGTH WIDTH HEIGHT ---_ ~ UO~ .: 7Q_ [:,I. L: ;r d•. \'~. y~:Jllt N~~~,Lnrl rate, 1.'m :~.::II th:r.F nr•~,s ACCESSO i DESIGN FEATURES :~)~: ~1 ~) :,;, '_, ,., UO n.: i .U rl RIES i ~ ~ I r~i L' .; I it ~I ! r r,r ~,, a ..~ . • ,. ~ Lt n. r,• :. r n; .. ~:: .cr ic"I r; .. ' ll ~ ,' ~t it . .f I r. .... ~i.. i I ,.... .: rrr!'. . ;u ~ ,a',.. r.'. !,r. , Lr.;~ ~ t .... ... .. ... .. ... ..~ rr ~: .:. r~r ir:~;rv; I ... ~ ..... ..:r... .v:.an~. ,. ~. ,.. ~ 'r ~. .,. :err... ... ~~ ~.~ ., ~. ,.~~ artr ' •~ r c ••r, ' iiLC :r :r .. ,~~ r ury<~ u! cnln r', ~ Lr r'. ... '~:: :7'nlti 'a'.: .... _-. _- i NE SIF D DINS FOR SHIPPING I STACKING CONFIOUHATION BID N0. 9596-8 - BENCHES/TRASH RECEPTACLES/RECYCLING BINS SUBMITTAL: BIDDER By: ~igiU~.~.yil'Iih, /l~l~ ~°~-c GT BUSINESS ADDRESS .~ SI ~ U CITY, STATE 6 ZIP CO TITLE DATE:~~~ ~'~yi=9693 BUSINESS TELEPHONE February 7, 1996 BID SPECIFICATIONS BENCHES, TRASH RECEPTACLES AND RECYCLING BINS 1. BENCHES: Benches to be 6' in length with high-back and made of 100$ recycled plastic with permanent mounting kit, if needed. 5-year protection against breakage and 50 year warranty against rot, termite damage and corrosion. Approximately 30 benches. Color Gray or Brown. UNIT PRICE PER BENCH .......................$ ~/~ 2. TRASH RECEPTACLES: 32-Gallon trash receptacles to be made of 100$ recycled plastic with permanent mounting kit. 5-year protection against breakage and 50 year warranty against rot, termite damage and corrosion. Approximately 24 receptacles. UNIT PRICE PER RECEPTACLE ..................$ NA 3. RECYCLING BINS: Bina are to be made of 100$ recycled plastic with City of Atlantic Beach logo on side. 14-gallon size is required in tan color. Approximately 1000 - 1500 bins. UNIT PRICE PER BIN .........................$ ~ y~ CITY OF ATLANTIC BEACR CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: RECYCLING BINS SUBMITTED BY: ROBERT S. KOSOY/DIRECTOR OF PUBLIC WORKS ~~ DATE: MARCH 4, 1996 BACKGROUND: THE BID OPENING FOR THE PURCHASE OF 14 GALLON RECYCLING BINS WAS HELD AT 2:00 PM ON 2/29/96. THESE TAN BINS WILL BE FOR RESIDENTS USE AND WILL BE MADE WITH RECYCLED PLASTICS AND HAVE THE CITY LOGO ON THE SIDE. WE WILL BE ORDERING 1,497 BINS. WE HAVE HAD TO DELETE PART OF THE SPECIFICATION REQUIRING THE BINS TO BE MADE OF 100$ RECYCLED PLASTIC AS NONE OF THE BIDDERS COULD MEET THIS REQUIREMENT. THE FOLLOWING IS A LIST OF BIDDERS AND THEIR QUOTES, WHICH HAVE MET THE SPECIFICATIONS. REHRIG PACIFIC, INC. - $4.45 EA. INCLUDES SHIPPING TOTAL = $6,661.65 SODTHEAST WASTE SYSTEMS - $4.50 EA. INCLUDES SHIPPING TOTAL = $6,736.50 SUBURBAN WASTE - $5.25 EA. INCLODES SHIPPING TOTAL = $7,859.25 RECOMMENDATION: AWARD BID TO REHRIG PACIFIC, INC AS THEY ARE THE LOWEST BIDDER. WE WILL USE THE RECYCLING GRANT MONIES FROM THE CITY OF JACKSONVILLE. ATTACHMENTS: BID SPECIFICATIONS AND BID FROM REHRIG PACIFIC, INC. REVIEWED BY CITY MANAGER: AGENDA ITEM NO. ~ ~~ SUBMITTAL: SUBURBAN HASTE 6 RECYCLING SYSTEMS BIDDEi R Byt JAMES R. COFFEE F,R i ~ ' P. O. BOR 15 BUSINESS ADDRESS I PA Harborcreek PA 16421 CITY, STATE 6 2IF CODE GENERAL MANAGER TITLg-"-'-`--- DATE•`2/27/96 800-899-7856 BUSINESS TELEPHOKE~ -- February ~, 1996 BIO BPt;;IPIC11TI0N8 BENCHES, TRAHH RECEPTACLES AND AECYCLINO DINS 1~ ~ Benches to b• 6' i with high-beck and mada of 100~ength recycled plastic with permanent mounting kit, if needed. 5 YeOr pCOteOtiOri •9ainst breakage and SO year warranty against rot, termite damage and ootroaipn, Approximately 30 benches. Color Oray or Brown. 6Ft. Bench - $262.50 each SFr. Bench - $212.50 each Above price does not include freight. Freight quo[e available upon reques[. UNIT PRICE PHR BENCII,,,,, 2. ..................5~~ ~@$ RECEPTA tre• 32-gallon trash receptacles to b• made of 100• recycled plastic with permanent mounting kit. 5-Year protection against breakage and 50 Year warranty against rot, termite damage and corrosion. Approximately 24 receptacles. UNIT PRICE PER RECEPTACLE.....,, 3• BJ;CYCLINa BIN6: 81na are to be ... .... mad• of 1001 recycled plaetio with city of Atlantic esach logo on side, 14-gallon aix• is required in tan color. Approximately 1000 - 1500 D>.ns. ..$ 129.50 price does not include freight. UNIT PRICE PER BIN.......... Pricing for rec ~c lin, ~ ~ ~ ~ ~ ~ ~ •S 5-' 2~-~ > p bins inc]udes maximum recycled content of 5 manufacturing, markings, and deliva r}' charges. OX, all CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 32 GALLON TRASH RECEPTACLES SUBMITTED BY: ROBERT S. KOSOY/DIRECTOR OF PUBLIC WORKS ~~ DATE: MARCH 4, 1996 BACRGROOND: THE BID OPENING FOR THE PURCHASE OF 32 GALLON TRASH RECEPTACLES WAS HELD AT 2:00 PM ON 2/29/96. THESE RECEPTACLES WILL BE PLACED IN PARKS AND AT BEACH ACCESSES. THESE RECEPTACLES WILL BE MADE OF 100$ RECYCLED PLASTIC WITH PERMANENT MOUNTING BITS. THEY WILL HAVE A 5 YEAR PROTECTION PLAN AGAINST BREAKAGE AND A 50 YEAR WARRANTY AGAINST ROTTING, TERMITE DAMAGE AND CORROSION. WE WILL BE ORDERING 29 RECEPTACLES. THE FOLLOWING IS A LIST OF BIDDERS AND THEIR QUOTES, WHICH HAVE MET THE SPECIFICATIONS. PLASTIC RECYCLING - $144.20 = 18.00 SHIPPING = $162.20 EA. X 29 = 54,703.80 GOLF VENTURE - $216.00 INCLUDES SHIPPING = 5216.00 EA. X 29 = $6,264.00 SOBDRBAN WASTE - $129.50 = 12.50 SBIPPING = 5142.00 X 29 = S4,118.00 AWARD BID TO SUBURBAN WASTE AS THEY ARE THE LOWEST BIDDER. WE WILL USE THE RECYCLING GRANT MONIES FROM THE CITY OF JACKSONVILLE. ATTACHMENTS: BID SPECIFICATIONS AND BID FROM SUBURBAN WASTE ~ I REVIEWED SY CITY MANAGER: ~~iY~\~'~U~~ ~~ ~ AGENDA I TEM NO . / ~ ~-~ J PARK BENCH SPECIFICATIONS Physical Dimensions of Hi-Back Bench' 4 foot b-foot 2"x 4" profiles (6~-4' (6~-6' bench legs (2) (3( 4" carriage bolts (b~ (9) 4 1 /2" carriage bolt s (6) (9) 5/ l b" washers (18) (18) 5/16" flange nut (18) (18) 2' carriage bolts (b( steel bracket (1) Werght Hi-Back 11016s. 16516s. Physical Dimensions of Flat Bench' 4-foot 6-foot 4" x 4" profiles (4)-4' (4(-b' bench legs (2) (3) 6 1 /2" carriage bolts (8) (12( 5/16" washers (8~ (12~ 5/16" flange nut (8( (12) Werght Surface Mount 1 10 lbs. 165 lbs. "T" Stake Mount 125 lbs. 190 lbs. Additional Information I Colors' ` -Brown or Gray „~ aeon r-a 17/d- Composition: The finished product is manufactured from a minimum of 96% (by weight) commin- gled, post-consumer and/or post-industrial recycled plastic including, but not limped to the following: ABS, Acetal, EVA, HDPE, LDPE, IIDPE, Nylon, PET, Polyester or LCP, PP, PS. To obtain color, UV stability and other desirable prop- erties in the product, various additives must be incorpo- rated into the plastic; these items amount to o maximum of 4% of the finished product. 'Allow for mold shr:r.koye 'Shyht color dd(erences moy occur in production maienols due to variohons m recycled source matenol Rural Route 3, Box 182 Highway 20 and 65 North Iowa Falls, Iowa 50126 515-648-5073 FAX 515-648-5074 . d- v,d~k, The Best, While ~' ~!. ~ .. '. /~- _ ~ / i P~p511Ci -_ / ' ~ ~° o R~cydc~ ~~~ nt ~' e ~ ~~~d <~ , _/ °r the 5 ~~` '' ~ ~ /~ 1 ~,~ ~- 4,/~ ,/' ~ ~_~Q ~-~_~ s ~ t _ ~~ ,Y.:~' ~ t .< <'~' "~t.'~o1s, ~Ul,t cult; ,, s~~ A s• '{". '• rte" ' ; °~"' <n ;obc c i'~n qtr':' ~' ~ ~~$~'~ ~~~'~' N.' _ CU ~~,. ~y mo t ~_,,,r'.. itu c1,,~~ opt"`"~•~ , \ri~,r,d's ..iO,t'~` lost „o',~~ ~' t ~ ~ tucY~led'~ ~` ..: A1` 1~~tolor fcot~~ t c a V. 11~c tt`~1 ~1Ut~UtrS 1~i ptt\d g~~l yC plY ~ _ t v16j1`~o1 t~,,~tti<1`oJS ,C~o~~`c d, _~ n Pl b t _ ~- 1 d Yl1t\~ ~~Cl d, t ~ot~ X01 go1:' ~~' .„oatt w ,t,., Pit"'t and .,. •. u: . NAe~~t~ ~E S~~C G . ~p ECY~C_L1N _, .. . 'mil ~ ' ° ~~,,'~ 1 ~, February 7, 1996 BID SPECIFICATIONS BENCHES, TRASH RECEPTACLES AND RECYCLING BINS 1. BENCHES: Benches to be 6' in length with high-back and made of 1005 recycled plastic with permanent mounting kit, if needed. 5-year protection against breakage and SO year warranty against rot, Lermite damage and corrosion. BENCH 5155.00 Approximately 30 benches. PERN_ Color Gray or Brown. MT KIT 17.00 UNIT PRICE PER BENCH .......................$ TOTAL 5172.00 2. RASH RECEPTACLES: 32-Gallon trash receptacles to be made of 100$ recycled plastic with permanent mounting kit. 5-year protection against breakage and 50 year warranty against rot, termite damage and corrosion. Approximately 24 receptacles. TRASH RECEP. 5120.00 UNIT PRICE PER RECEPTACLE ..................$ KIT X4.20 TOTAL 144.20 3. RECYCLING BINB: Bins are to be made of 1005 recycled plastic with City of Atlantic Beach logo on aide. 14-gallon size is required in tan color. Approximately 1000 - 1500 bins. UNIT PRICE PER HIN .........................$ N/A CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 6 FT. HIGH BACK BENCHES SUBMITTED BY: ROBERT S. KOSOY/DIRECTOR OF PUBLIC WORKS~~i DATE: MARCH 4, 1996 BACKGROUND: THE BID OPENING FOR THE 6 FT. HIGH BACK BENCHES WAS HELD AT 2:00 PM ON 2/29/96. WE WILL BE ORDERING 30 BENCHES TO BE PLACED IN PARKS AND AT BEACH ACCESSES. THE BENCHES WILL BE 6 FT. IN LENGTH WITH HIGH BACKS AND MADE OF 100$ RECYCLED PLASTIC WITH PERMANENT MOUNT BITS. THEY WILL OFFER 5 YEAR PROTECTION AGAINST BREAKAGE AND A 50 YEAR WARRANTY AGAINST ROT, TERMITE DAMAGE AND CORROSION. THE FOLLOWING IS A LIST OF BIDDERS AND THEIR QUOTES, WHICH HAVE MET THE SPECIFICATIONS. BTW INDUSTRIES - $179.00 + 15.00 SHIPPING = $194.00 EACH X 30 = $5,820.00. PLASTICS RECYCLING - $172.00 + 19.00 SHIPPING = $191.00 EACH X 30 = S5,730.00. GOLF VENTURES - $255.00 + IRCLUDES SHIPPING = $255.00 EACH % 30 = $7,650.00. SUBURBAN WASTE - $262.50 + 10.00 SHIPPING = $272.50 EACH X 30 = $8,175.00. RECOMMENDATION: AWARD BID TO PLASTIC RECYCLING AS THEY ARE THE LOWEST BIDDER. WE WILL USE THE RECYCLING GRANT MONIES FROM THE CITY OF JACKSONVILLE. ATTACHMENTS: BID SPECIFICATIONS AND SID FROM PLASTIC RECYCLING. REVIEWED BY CITY MARAGER: '1f'~~yk^^~V 0"L ~.g ~ AGENDA I TE14 NO.~~ W (3EN~~ t~s To c3~ R7 -rR~ Ce~nn-t~ss~oU NlE~j7i~6 ~~` ® HRS Duval County Public Health Unit Enviroemmul HullNEnjinctrinj Divides 900 Buildinj • Spite 300 STATE OF FIDpOA 900 Univertily Bonlevud North °f~~r°ivc s~EwTa"cEµs° 1lCkf0avi11C. Floridk 3221 l Wt1NCt Few LAWTON CHILES. C.OVERNOtt February 15, 1996 10FNADk1ANk1G IdA110R r Mr. James M. Lucas, P.E. J. Lucas ~ Associcates, Inc. 10475 Fortune Parkway, # 202 Jacksonville, Florida 32256 Re: PARTIAL RELEASE prinking Water Distribution System Hidden Cove (Phase i only) City of Atlantic Beach (Buccaneer) File Number 1694-WD-3127 Dear Mr. Lucas: This will serve to acknowledge receipt of certification that the subject water project has been partially completed, as indicated above, in accordance with the plans and related materials approved by this agency under the File Number and date shown. Based on this certification and satisfactory bacteriological results, we are clearing these facilities for service. Your continued cooperation in our water supply program is highl}• appreciated. Sincerely, Thomas R. i ton, P. E. Supervisor II n /'~~~~ ENVIRONMENTAL HEAL~TI{y/E INEERING DIVISION TRH/WEP/tkf cc: Robert S. Kosoy, P. E., Director of Public Works City of Atlantic Beach Robert Porter, Vice-President Centex Real Estate Corp. PWS FILE TOTNL P. OZ I `QF. ~ wPe cLE~wNO wPE INSPECTION - FLA P)PE TECH , I~iC;',?, , ~ - Q aof:o TAPINC ~~CT ~TESTINO ~ P.O qOX 1f1Y GREEN COVE SPI~INC+B `FL S;043 ; r~ "~? eMOKC TuTino ~ , I OFFICE If (901) 2~ 4.12111 ' I' ' ~ C; MANHOLE PEIIAB p FAX* (994)284.1$38 :~~ I :~! ~~ I PIPE INSPECTION LOG : , CLIENT Cl~LS!?U (TIES _ OPERATOR D.A.e LINE SECTK~t~RUN sy ~_ ;. PROJECT HIDDEN COVE INSPECTOR I DATE f0/23196~ ~'°- ,; LOCATION JAX BEeGH _ ReF FooT,fa[ , " NffWlt :'. °f t .., $TRi_ET FFAIH R1rlfltQRltBL1IF rt : " ' ' ~ , eo. y ct a > , ; - COURT ~ 1 NOTHING TO REPORT -'~:"'-• ' VIDEO DATA 2 70 END OF LINE - .` i :; ;= iti:::...i '' TAPING YES X ' ENO ^~ S ~ •i ;~ :! r;~r;~:>' ':.'~ TAPEN _1~~_' COUNTER ~_ 4 r' ' ' 'ii ? .~: TAPE,SPE ED SP ~c] LP (] EP ^ 6 , , S;;g,,y~ ,' :: r 6 i r+, + ' - PIPEDATA ' 7 , , , I 1 f ,t~"~i ~' ' - .TYPE CONO,' . WATER ADD j 8 ,. t 9 ~ I . ,r, t -PVC GOOD ®YES © ~ 10 { , : t ~ ' RCP , FAIR D NO (~ 11 ~ ~ i -. n. n a . . yC D POOR ^ ....., ,..,• 12 .. ,- of C7 13 TC ^ 14 - t , , LINER ^ 15 ~ ~ ~ ;;` -. 1g M.H. DATA 17 __ TYPE COND. - ~ 18 ~ ' ! ,"~.':: 19 "' .r-- PRECAST X GOOD X 20 '. , BRICK FAIR ~ ~ 21 , I; LINER POOR 22 •ct , . . 23 -. t ,.J. .,,. .. REMARKS ___~ _~ __ 24 _._~ 2b i; _ ~, 26 i ~i...i'I i • 27 ,,. - I DEFLECTION TEST DATA 28 ~ ,i; TESTING S% PASS ~ 29 i ~ ' .FAIL L 7 _._._.FT 30 I [[ ]] YES ® 7112°k PASS 31 S i , „~ r NO ^ FAIL ' ~~ - FT 32 ~ Y ~ a : '~ ._.. ~. :, ' 33 ~ t , M.H. q M.H. k 34 h .;., ~ 3b t ,,; . CAMERATRAV ' 37 ~, !: ' `' EI FlO .Y DIRECTION , ~~ ~ -- ( J CONTINUED LOG SHEETS MAY SE USED ~ ' ' -.T_~. Q :.: _,YES j•.,it o~;; MEASUREMENT FROM CENTER TO ^ NO li CENTER OFM.H.'S i ; .` ~• .~. SECTION LENGTH ' _ tn_ LF _ ~ ~ ^ : li PIPE DIAMETER .8.,__ IN l i ' I• '' --.... `Qw iF ave cI.EA-iu+c FLA PIPE TECH , INC ' f ~- Q ava aeveenon _ vaeo rAaao P.O. BOX 1812 ~. °,t Te°snN~o ~° GREEN COVE SPRINGS,~FL X2013 ? ; ~" crolce reanNO OFFICE M (904)254-~141~ ' ~ • '• .. D Mu+~Le xENAt fAX 5 (801) 254-1838 :: f ';. `plPEiNSPECTION LOG CLIENT C6J UTILITIES ' ..PROJECT HIDDEN COVE _ LOCATION JAX BEACH ' $TREEIT . FFeTN~WADfS~RIV C6~URT TAPINO YES jX J "' NO L] TAPE~i ..~._._' .COUNTER TAPE $PE ED S!? ® LP [,] ER D PIPE DATA - TYPE ' . COND; ' WATER ADp PVC ® GOOD ®YES XQ RCP. FAIR ^ NO ^ VC` ^ POOR bl TC ^ LINER ^ M.H. DATA TYPE COND, ' .; PRECAST X G000 X BRICK FAIR 41NER :POOR REMARKS DEFLECTION TEST DATA TESTING 6•k 'PASS X fA1L _._fT YES ® 71/2°.4 PASS. NO ^ FAIL [] FT M.H. 5 M.H. N 13 '.'~ . ,,.;,..v.y,,,.~.. .. CAMERATRAVEI ;FLOW pIRECTION ~__, MEASUREMENT FROM CENTER TO CENTER OF M.H.'S ' SECTION IENgTH ~" • 5S LF PIPE pUUdETER ~~. IN OPERATOR ~.A:F} „ ~_ LINE SECTION RUN k a 6 ~ •-i INSPECTOR DATE 19(23196`'--•.~+ " No. p - 1 41 / SCL 2 65 ~ CR ~,,`, . - ~ 91 SCL ": i 4 135v SCR ~~:~ .'. 6 1T8.. 8CR -~~~ 6 7 232 .- 255 SCR ..; . , .,,;., ENO OF LINE ~ ' 8 ;~: I 9 10 ;,, 11 12 13 14 15 ... 16 17 ~ ~ 19 20 _ 21 22 , 23 24 _ 25 26 27 28 29 _ ~ . '. 32 31 3< ; , ss - 36 37 CONTINUED LOG SHEETS MAY BE USED ' , .:. D `YES' ' . ~ ; ~ N0 :` 1 i • ~~ q~' W:VECTWN. _ _ nora.~T/My~ka . pEFLECfi011 TESTINQ dj ,E. ,IOUrt.tESnNo pA-6i1~lOlE REMAO ,{ C• PIPS INSPECTION LOG CUE~IT~ (~~ UTILMES ~ QPERATOR Pf~OJEC7 HIDDEN COVE 'INSPECTOR FlA PIPE TECH i INC , P.O. BOX 1812 ' • ' GREEN COVE SPRINGS, FL 3200.1 ~ OFFICE M (90l) X84 2141 t iAX N (904).2841838 :. . jl,p.B. LINE,SECTION RUN ~ 4 . DATE . S1N2,1~ z • • c LOCATION .IAX9EACN acr s •oe + :~ peruaa'~-r:.•a.•, : - STREET' FFeTHERMYfl1-h nRIVFR qo. i :..'e 3: i:: ~•:a,~.:.,~., ~ , .. count 1 to - sc~ , , . VIDEO D TA 2 106 ~ SCR TAPING YES Q :1J0 ~ 3 114 CL TAPE k ,..1_~. COUNTER 4 151 ~ CL i ' TAPE $PE ED SP ® LP ^ '. EP ^ 5 175 END OF LINE "~ 6 +i ' PIPE DATA 7 , ..; ' ~ ~ ; ,~~:;. :TYPE. COND: V~ATERADD 8 ' ,i; °I.: 9 - - PVC '® GOOD ®YE8 XQ 10 ' RCP FAIR ^ 1!0 ^ • 11 i:~ ~ ~* VC (] POOR ^ 12 c ~ D1 0 13 . , TC ^ 14 LINER ^ 15 , ~ M.H. DATA 17 , +~:. ..~ ~ TYPE COND. 18 , '. <. , 19 . PRECAST GOOD X 10 '. ~ BRICK FAIR ~ Y """ 21 "" " r•; LINER POOR 22 + 23 REMARKS 24 ;; :.•+ ~ _^ 26 - 27 ,. DEFLECTION TEST DATA . 28 TESTING 5'h PASS X 29 FAIL ~ -_-F'T 30 YES ® 7112°tiPASS NO ^ FAIL ^ ,.._.FT 31 32 I .c - - ' 33 ; M.H. # M.H. # 34 ,.': .. i ,, .. 35 .~ i 14 13 35 + +• n~..~e..r - 37 ~ ~ .. rrv~ rrv.~rr. ~~ f-l.V ~- VIR~V NVPI MEASUREMENT FROM CENTER TO CENTER OF M.H.'S SECTION LENGTH ~7R LF PIPE DIAMETER .`~ ~.,... IN i .' }' ;' i ~. f' 1 r } ~ ~ I QED nvE c4c~uwa F P a~ wr6 wanECnon l~A IPE TECH, INC vwco r~wwa P.O 80% 1812 '~ .~iol~Ni' remr~ gnN° GREEN COVE SPRINGS, ~l 32013 ~ ~ '' - ~ i pe~ OFFICE M (804) 284.2111 ~ ' t ~ ', FAX N (801) 284.1938'.;? .' ttl ' .. PIPE INSPECTION LOG .. >~" ' ~ I i .~ CLIENT CbJ uTluTles OPERATOR .Deg. ~ l1NE SECTION RUN M `',~._,1 i .,~, .. ,. PRdJECT HIDDEN COVE `INSPECTOR "" ' "' ' '.}; ! : °. OATS' 1on.»s ~ !, < ,: . .LOCATION - 9AX sEacH - „~ ,~,,,~ '~STREETFFaTNFRWA~D f]RIVF3 ,+0. " ~~~-:~~5 •` COURT- . 1 1 Ir SCR ~ a ,p VIDEO DATA 4 21 ~ CL ~ , +' •,',, , r , . TAPING 1(ES XQ NO ^ - 3 70 : CR ~ .. ~:;. f .' e,, ,{, '- iAPEN ..!__ ~~~... O 4 .77.Y CL 4 ~~,•4''t t TAPE SPE ED SP ® 1P L.1 EP 6 11T•..- CR -'! i ~ ~;,~. _~ :, .;I ' 8 121i SCL t :s PIPE DATA 7 171 _ CL r ~ ."T - f, ~~° ' ; ~ :t TYPE COND, ~ WATER AOD 8 178 'v SCR ; -~ _.. ,,„ , ..;- _`; 8 21 ~ SCR ~ ~, '' PYC GOOD ®YES © 10 i= SCL ~ ~ '-1 RCP ~ FAIR ^ NO ^ 11 28b ~ R ' , .i Q ~'OOR ^ 12 292 :' SCL :. ,. ~:„ i a 13 368 END Of LINE '-' - TC ^ 74 , , ~~ ' LINER ^ .. 16 16 r _ M.H. DATA 17 ~ .. ,I a ' TYPE COND. 18 19 i ~ ,~ , PRECAST % G000 % 20 ! , .~ BRICK FAIR 21 I LINER ~ -POOR ~ p2 .~ REMARKS ~_ p ~ , - 25 i - ~ `~, . T 4: . 27 1. DEFLECTION TEST DATA 28 ,,:.~ TESTING 6% PASS x 29 s , , FAIL __fT 30 ~ ~, YE$ ® 71l2XPpSS ~ 31 ~ r I. ~ i, NO ^ FAIL Q._.._fT 32 ;'°.: , t ri .. '' t 8 35 •-.. , e ~ "I , t ~O . ~i CAMERA7RAYEL FLOW DIRECTION 37 e' ,~ ;- , . , ,'. ~: -~~ -----~ CONTINUED LOG SHEETS MAYBE USED `, ~ D .. I YES ~€ + { ; MEASUREMENT FROM CENTER TO ^ NO ~ "I CENTER OF M,H'S ~~ ! ' .~ ~t .' SECTION LENGTH ~5s LF k ~ ' ~ PIPE DWNETER ~,_ IN 4 i ~.: .~ , ' wvE ae~NiNC FLA PIPE TECH., INC.: ,y nvE rNSVCCnoN P.O. BOX 1112 if VIDEO U%NG oEr~ECraN• TES1wG GREEN COVE SpF)pdGS, fL X2043 '~ xrNrresyNa OFFICEA~~(904)Zb4-T141," ~ SMOKE TESTLVO ~• •• ~- ,MANNOCE PCHAB FAXY (801)281.1938 ~ '-- ~ (~c. . PIPE INSPEC710N LOG .. CLIENT c'R I I ITILITIES~, OPERATOR D e B, _ _ _ LINE,SECTION RUN N . Z____ ; DATE12~86-` ~-~--- PROJECT HIDDEN COVE INSPECTOR ~~ . SQ LOCATION '' .:. ~_ w root~oe Ilelual ~' STREET Y THERlCIZ111D. oRnrF No. ~ . 1 43 / CR •. . ~ ~, . VIDEO DATA ' 2 68 'SCL '~ ' TAPING YES XO ~ NO 3 93 7 SCR XApE * ,,,~,,~_ COUNTER 4 107 i SCl °~~ y r:. ~ ..;TAPE SPE,F~D SP ® LP ^ : EP ^ b '147 SCR - '. ' 6 167 .r Cl' piPE DATA 7 197. / SCR ''TYPE BOND.: , WATER AOD ~ 8 211 /SCL ~ ; ~ 3 - 9 2T2 / SCl ~. . . pVC ®GOOD ®YES X{_~] 10 312 . SCL ,r, ,RCP F~11R ^ NO ^ 11 356: END OF LINE' DI ^ 13 7C ^ 14 LINER ^ ~ 15 18 M.H. DATA 17 y ....TYPE .COND. 1B ' 19 ~ > , ::,., ; PRECAST ~X GOOD ~]X ~ 20 ' ' 7}RICK ;^] FAIR (®J 21 LlEaen ?OOR i2 ~ ' 23 REMARKS _ 24 _ 26 26 DEFLECTION TE5T DATA 28 ~` ` TESTING ~ 6N. PASS X 28 ' _ FAIL ' ._.._FT 30 YES ® :'. 7112y.PASS ~ 31 i •~ ,: NO ^ .. FAIL ^ AFT 32 33 `• '1 ' M.H. S M.H. N 34 - 35 4 6 36 - 37 CAMERA TRAVEL FLOW DIRECTION 3 , '.,.'.' . ~: ' CONTINUED lOG SHEETS MAY BE,USED ~] ~ . -~ ~ .YES -,;t p NO _ MEASUREMENT FROM CENTER TO ,..CENTER Of M.H: S ', SECTION I;ENGTH .i ..,~.._ LF . PIPE DIAMETER ' ; _~ IN , 1. - _ . _ _ _ .~ .. v . a a_ a . a c a P 0 2 ~. .. QE l nPe 0.EANINO ~ . Q` nve w~PECnoN fLA PIPE TECH ,INC. ~ , . ~ ~ - i VIDEO TAnNp ~ ~ --: P.O. BOX 1812 ~ - . ,{~ °,ia~`ineCTrE`OSr"uq ENO 'GREEN CAVE SPRINGS, FL 32041 wave mNO OFFICE S NC, MANNOIE~EIlAO~ I~~284-Z11~. FAX / (904j 284,9938 <. ' . :. ; ?PIPE INSPECTION LOG . C~.IENT GB,I UTILiT1ES _ OPERATOR _D.A.B LINE 8EC710N RUN p ,],_ ~ ; PROJECT HIDDEN COVE INSPECTOR ~ GATE . lOfY3/B$ ` °I .. ~ ! LQC,ATION` X~H : ~. ~STR,EET feeTWFawdnn nRivF a' ra: COURT: 1 6 SCL .1:: }~- .'F: ' ~ NDEO BATA 2 / 8CR ' ~ ?~ ? i, .. I ; T1IPING YES XQ ; N0 [] 3 106` Cl i . TAPE O ~.. COUNTER 4 166 'v CL ,; r' TI~PE SPE ED SP Q LP {~ EP ^ , . 6 .181 ~- SCR .?: ' i. .: _,.. _:. 8 201 _;%SCL ~' : ' ~ ~ :. = ~ . .; ~ PIPE DATA 7 215 r R 1 ' TYPE COND. 'WATER ADD ~ 8 28D'v SCL r~ , i ,; , i ;. ~ 8 ~ ' SCR '. z. P~(C ~ GOOD ~ YES d 10 304' ~. SCl r ~ .::., i RCP FAIR [] NO ,[] 11 318:: SCR VC ^ POOR ^ ~ 12 368 ' SCL ~ ~ + DI; ^ c...,,,... 13 372 't, SCR . -• s, i TO ^ 1d 383 ' END OF LINE ~ ~ ~` LINER ^ i 18 ~ . 16 ' ' M,H. DATA 17 TYPE COND. `. 1g ,.., , ; ;, 19 I PRECAST GOOD X] 20 ` BRICK ~ FAIR ~ I 21 , ., LINER L7 POOR 22 ~, .; ` ~ 23 ;. REMARKS , i ------_-- 24 ~ i 1 • ~ ~ j 28 j -- ~~' I• ' • DEFLECTION TEST DATA 28 . ~ ~ ~ °' TESTING 6•b PASS " X ~_. ~ ! `' ::: fT 30 ~ . a a v 1 FAIL __ YES :^ 7112YoPASS ~ 31 ~ a ' NC. ^ fAIL ~ ^ ' . FT 32 ' ' ` ~ ` '2: 33 ,, .. ;, !. .~ ' M.H. N M.H. >r 34 ~::. ,. 36 '~ '~ 4 ~ v' 36 ' r i ~'' i~ 1 C~MERATRAVEL FLOW'DiRECTION 37 ~ ~~! r "' t L_-'~"~ ~ f- ~ CONTINUED LOG SHEETS MAY BE USED ! MJ=~SUREMENT FROM CENTER TO ~ NO i CENTF_R OF M.H.'S ' SELCTION LENGTH . _ :~n~ : Lp PIPE DIAMETER p lu . gaaee to Place a Pu61ie Drinkiap Waur Fuirrty kte Senioe 14atc •' Hidden Cove Catp4ted Pattioa of es e«.nw, ~ ~ ~,~, .«.,.~ ew,~ ~ ~ ~+r r dr.r r w... erhdu Os - .Orrr tl. Iw OPfaleeUel~lU.t _. N. CERTIFICATION OF CONSTRUCTION COMPLETION BY PROFESSIONAL ENGINEER IN RESPONSIBLE CHARSE OF INSPECTING CONSTRUCTION OF PROJECT ~ • ~ ~•~ l tla udardpiwd professional enpiwa reputtmd h f1p~1d+, ealih dat 1 em h resporrsbM chap N Ypgetirp eeroaaefiee M tbb project, Ake, I tartily tlr lobwirp: 111 that cansuuctlon of dr aubstandedy carpleted portiai of dd: project he: been redshd to dr poht wbra dr prbfe waMr fadides an freadarsly earrpM-a f2l Chet Ur aubstande0y earpkted portiai of ihi: projep hu bow oantrueted h eaaderroe svfllr the eorutruclion perch aed apprend arphwrirto pions end spedfiuGans a doL to dw best of my knorrMdpe ark be6e4 any deviadorn from tlr eoratraedea penal end epprorM enpineerkp plan: an0 specifiations !~ ~ pmmt qis project from ttetetiordrq h tOnpienp whh Chaplin 62350, 62351, 62.555, end 62.560, Plaids Adm6isaetiw Code (F,i~.k pl tiut dw cooed drawips fa ua substanda0y earpMted poroaa of tlds projen an adeQwU and ladin'r eti deebdoro kern the torutruetion permit end epprond enp'meeriq plan eM spedfiaderrt; and (41 thal to the bast of my luawledpe end belief, d new a ehmd wel tacSides, new a altered trwbroat laekties Ooanutran from the first peed of app6atan o1 dsinfeaant et a treetmerq p4m, my a aiand faiWrd wets puapiip feeides, new a ahael fwshed wear steep feci0de;, end new a ehaed was mein Nduded h the substen0ety eampfetad porfan of tlis project love bem daintecgd end becteridopiatiy tesrod b eccordena whA Rufa 62355.715pL 62355.710, anA 62355.315, F.A.C, aad appfcable Amai:au WaGr Worlu Assodation (AWINA) dninitefron standards IAwwA titatdards 0651. C652, C653, enWor C651L erhidt an ineorponted Dy nbnna in pu!e 62.555.330141 F.A.C. This certification is based upon on•site observatan of eonsvuction tordueUd by me w by a project repmentadre uMa my &at superraiort and upon a nsiew of record drawatps perfamed by me or by a project representative under my daect apaeision. Thk certifiutien does rat nettsserdy constitute a artifaation of fed carg4don of eartstrrrction. Ad6donal r:aisvuedat may be needed to satisfy etl eaeTidens of the soruuuedon eonuaa doueneMS. rn IoOowinp is a description and ezplanation or ao deviations from the tvratmetiort pemit and approved enpmeerinp plans and specifKatiora fa the substentudly eortpMted portion of the project. IAmeh addniaWl sleets ii nectsseryJ none Pep 3 of 3 .iamea H. Lucas. P.E. 18370 Nmu and lleenp Fhnber place type a prim) ~~--_ - ~tifiatioa of Construetioa Coatplanoa gran request for a tatter of ' ., ..., or.r.A.er, ~_ .; . ;:=-~:= Cleanore to Placs a public Orinkinp Water hiJ1ItY fato Sarrks """."." - ~y ~ ,Hidden Cove _ .~a .wa,.r..rra.w,. *et Coraara:bon Paait Nurda: ' 1694-HO-3127. ~~„~, °i~"'r""' e.MO!•1 uuutklt CoorpMUd Portion of Project ., . . aJ~ UtittlCm4„y Nenr:. . 'Cep Address 6620 Southye Cite Jaclcaomille t,-..,~VR~'.. ' - . ' '.cal Estate Corp.-t TOMplrarNo., (904)296-4551 ~~r..e c..~rA. LAO ~ ~ ~ ~ ...... . •awrral0oaata of PrOfeet After h k Pieced Mo Serria ' - fltiiglCoapetty twrr; . City of Atlantic Beach '- Addrass:-' - 1200 Sandpiper Lane -. :City: Atlantic Beach •Professlorul Enofneer M ResooruMk Charoe of traoeetino Cmanxtiat o1 Prokct Memo of Enp'mar. James H. Lucas P.E. FMnNama: J -Lucas 6 Aeaocietea, Inc. Addrast: 10475 Fortune Parkway Suite 202 City ' ' Jackeomille ~~ ~: •., , TslepMne Na::'(904)247-5B34 Soto: FL Lp Code: ' ' 32233 TeMplron !k. STATEMENT BY. FERMITTEE f. tlr snderdPrrrd owns a wdpraed representative' of Centex Real Eatate Corp. ', pMj(y ily folowi~ ill Wt ar eonuuta lus furnisf«ed to wits record drewinpe to tlr eubaMtialy eompNUd portion of tfde project end that nrs• reead drerrin~ m erelabM fa renew et tM fopowMp loeetiod Engineer's Office _ wtlancic t3each 1200 Sandpiper Lene Atlantic Beach FL 32233 %~ W thel B this project MroWa the construction of ant raw a altered trutmeM faeitks, en operation end mafiteninp maraud fa tla raw end dtered tnetment fee7rcies btcluded M tM substan6a0y eortpkted Portion of ttds project k eveAeble for nrMw et the site of tM new end atered traeurrsrrt tacides. Also, l ~h' Ihat r we wY )~ 1» the owneriopenta of ud: project efts N fs plead Mtn arria, Mn M» provided a copy of tlr .here memioned raced drawMp: end a copy of the .bore mentioned operation end maedenena maraud, if eppGcebk, to tM persona eysuot tMt wil fa tM ownerMpentor of this projea otter h b plead hao service. ~~/~j~-- Z- Z--rf G Robert Porter, Vice-President 'prutaa end Bete Name erd Ti1M (please try. a prin0 Atrecd a letter of eutlariiitioa I. STATEMENT BY OWNERIOPERATOR OF PROJECT AFTER R IS PLACED INTO SERVICE l the undusipned owner a authorised represenutive• of City of Atlantic Beach ,certify Wt we wil b dr ' ownerlopenta of this project after it k placed Mto serrKe. Also, 1 sartity th lobwip: f]- that rre ban recdred a copy of the recall drewaps fa tM substmoety eorrpMud portion of Ws project aid that these record dtaweps ere eraAabM to renew at the folowMp butron: t inn SAndntenr t one ~ A flaTtt r Beach _ ,., :end 121 that, h 1111E project M1oiRi tIM talilrlltlian Of My new a ahend ireetneM fet'r~titi, we NeM rtcdred a espy Of the epaefl~ gill mekrtmance manual for the raw erd altered tnetra-: fs:ircies Ltdaded k: tie rNstantia0y completed patios ci this projeq end Wt Ws operation aid mdMenena manual k eraildde la rerkw at tla siu of ih new std ehaad irwtmerd fea'fities.. . ..___.. bipnawa end hart Name end line (please type a praU . ~iit.-~/' O~ Atucd a letter o/ truthoritstroa - Pu6~,c /vo~1Es Pepe 2019 ^ J • ,Environmental Protection ~,,,,; - _ - . oprwre..w, Certification of Construction Completion and Request for a letter of Clearance to Place a Public Drinking Water Facility into Service _. INSTRUCTIONS: This torn stall M eompkrud and tubmitud fa projeeu pemitted end eoratnretsd older tpea5e pubAe drWdng was fecity rArntruetiat pemru issued Dy tlr Dpartmem end fa projaett peraiDed arb eorntrrrctad under tla 'bawd Partiirt fa Coratraedoe of as Es<wion u e Pubk Drintkq Waa Dutribuiron System' AFTER SUBSTANTIALLY COMPLETING THE CONSTRUCTNN OF A PROJECT OR A PORTKIN OF A PROJECT AND BEFORE PUCING ANY NEWLY CONSTRUCTED OR ALTERED PUBl1C DRINKING WATER FACRfFY INTD SERVICE fOR ANY PURPOSE OTHER THAN DISINFECTION, TESTING FOR LEAKS, ANDAIR TES1RiG EDUIPMENT OPER111TON, compMU 1Ns lam end su6nit N u tlN apprpriau Aistrict otfia of der DpertmeM or tM appropriate Apprond Coumy PuDAc Nethh Urdt (ACPNUI along with app6ubN tupportkq deamnu. App6ub4 supporting donsrwits kxiudt tM foAowinp: 111 for projects end portions of projau wMn then h any deviation tray tba ooostruction penrit end pptoM anpirwing plans end tpedtiations, a copy of raced drewags; 121 fa projecu arb portions of projects btdu6ap trw a altmd pubGe drMkinp wale wpply weU; raw or dtend tmtment tacDdn dowrotream from tM lost path of app6eation of tlisktfutam at a pubbc OrYdcirp water uutment plant, new or ~tered tratedifndshed drinking wam punpbp fac3tie; new or altered fruudlfedshed drhkbq water forage fadities, a new or aitaed tmted-fmislad drinkep water Heins, a copy of tadsfactory beetedelopied test ratio that L~itau dM dpe cad time etch beneddopicd sarrgla was eoAeeted and that demonstrate eompAena whh Rides 62.555.315f3L 6Z-555.340, and 62-555.345, Fbridt Adminisfratin Code IfA.CJ and applicable American Water Works AttodsGon (AWWA) disinfection standards (AWWA Sunduds C65L Cfi52, C653, and C654L which ue incoryonted Dy reference a Rue 62555.330141, F.II.C.'; rJl fa projens and portent of projecu induRng new a altered puDAt drinking water tratmmt ladities that ere needed to ranply adth or aNect tbnpAena wdUl. Part IA of Chapter 62.550, Pert N of f3tapur 62355, a Ru4 62324.65012E f.A.C, a copy of enalytiul ust resulu tMt demonstrate urtipAann with these Hies; and KI for projects aril portioru of projects indu6rq new or altered wags, a epy of tM bg completion report is aeh new a ahend weA H aril report h appGeebN end has 041 been pnriously wbrritnd to tM Opartrnent or tM apprpriau ACPHU. AO inloma6on provided on tHs form thsA De typed or graded b Nk. When submitting a epy of Daneridopial test resit; dso submit a sketch or detaipfion btdica6ng when uch baderiolopial tertpN was eeAened. NOTE THAT A SEPARATE CERTIFICATION OF CONSTRUCTION COMPLETWN AND REQUEST FOR A LETTER OF CLEARANCE IS REQUAtEO FOR EACH PERMITTED PROJECT. DO NOT PLACE ANY NEWLY CONSTRUCTED OR uisRt=D outtuc eRtNNrttc waTOa ctrottr rsrrn xtavres aemr ' for sew an0 ahead public Orhkirrg wale sr{pp/y weG;, butarolbgiul wgogng sha4 be tondaeterL and htsrpntetion o/ bstteriabpieal tut setdts shah b mail, h aecadsece wild Role 62.5 58 3 1 513/, f.A.C. fa cep ova sew trod ehend pubft driating wets htiitie; buteriabgktal taa4ofag slut b conducted by lust sedating the total ch/orhe sesi0uel h the water rvittin the /srdtiq to ra move than 4 mg/1 and toes eaketioy daffy bactumbgice/ ssrgoles Rsken st /east ?4 hews apart/ /a fwo or mere tonseeutive wwk days unW utislacfory test sesults are obtained. ' " Bactaio/ogical test resuhs /or new end ahead pab5t c6inkip watu 1aciF6es other then welts thaA' be considered satislattory N tree taosrtabie daily ssrRo%s Irom each rarrkole bceGon show the ebtexe of rou/ to6lam orgsmsms. Buterlologitd test resells for sR sew sail altered ps6ge drinking wsta /acdities other than wells wi6 be tonsldered hnEd B the nsults ere /or sa~oles tob'uted more then 30 days bAae rYx resuhs an received by Ne Department of the ACPHU, end bscnrk/agical nst resurtr /or sew end e/ured public drinkirq water msiru rwT' be eauidend hre5d N the prerswe in Ne mains h Hat maintained at 70 psi or gnater ehei fhe temples are todected. I. PROJECT NAME AND CONSTRUCTION PERMIT NUMBER, PORTION OF PROJECT THAT IS SUBSTANTIALLY COMPLETE, PERMITTEE, ETC. •Project Nsme: Hidden Cove •Project Cora<truction Permit Noy 1694-WD-3127 Dau Fermis Issued: 10-14-94 •PorGon of Project for Which CanstrucUon k SubstantaAy CorrpMU and for Whidr a Lena of CNarenals RerNesud: Faye 1 cf 3 -- 7 _ 0 C 6 J UTILITIES COMSTRUCTIOhI CO. P.O. BOX 951 MACCLENNY.FLORIDA 32063 JACKSONVILLE 353.7301 MACCLENNY 259.2722 CERTIFICATE OF CONSTRUCTION COMPLETION PROJECT: HIDDEN COVE PHASE I DATE: 2-15-96 CONTRACTOR'S AFFIDAVIT I CERTIFY: That the work under the above named pro~nct, including all appurtenances thereto, hae been satisfactorily completed; that all charges or bills for labor or services performed or materials furnished have been paid in full; that no leins have been attached against the property and improvements; that no Workmen's Compensation claims or suits are pending and that no public liability claims are pending. C6J UTILITIES CONSTRUCTION COMPANY, INC., EEEEBY GUARANTEES TRE7J3 WORR FOR A PERIOD OF ONE (1) YEAR FROM DATE OF ACCEPTANCE. C6J UTILITIES CONSTRUCTION COMPANY, INC. William N. Taylor TITLE: VICE PRESIDENT DATE: 2-15-96 ITEFIIZED LIST FOR PROJECT ACCEPTANCE BY THE CITY OF ATLANTIC BEACH RIDDEN COVE PROJECT' Hidden Cove DESIGN ENGINEER' ~• Lucas 6 Associates, Inc. DATE OF PLANS: June 1994 PROJECT NDMBER: ----------------------------------=-------------------------- A=APPROVED B =APPROVED AS NOTED C=RESUBMIT OR NOT RECEIVED 1. IItility Contractors Warranty (Copy). ~_ 2. Design Engineer's Certification To R.E.S.D. For Sewer CNGr CA,6~.l~~~ ~_ 3. Design Engineer's Certification To H.R.S. For Water ~Ncr oaweraG) A,II.~ 4. Television Logs For Sewer With Tapes Aft 5. H.R.S. Bacteriological Clearance. *~~ 6. As-Builts With Mylars For Entire Project rG1ij PNesE I ~~ 7. D.E.P. Certification of Com letion P ~[IGT µIYINa1./ *~/ S. Schedule Of Values From Otilities And Road Contractors. Schedule Should Separate Costs Between Water, Sewer, Roadway and Drainage. ~.-a~L.J~ % - ~ .Il- Robert S. Kosoy, P.E. Director of Public Works, City Engineer * For Water and Sewer Only CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ACCEPTANCE FOR PUBLIC MAINTENANCE OF WATER b SEWER IN HIDDEN COVE PHASE I SUBMITTED BY: ROBERT S. KOSOY/DIRECTOR OF PUBLIC WORKS~~/ DATE: MARCH 4, 1996 BACKGROUND: THE CITY RECEIVED THE NINE ITEMS ON THE "ITEMIZED LIST FOR PROJECT ACCEPTANCE" AND ALL ITEMS ARE ATTACHED WITH THE EXCEPTION OF THE AS-BUILT SEPIAS WHICH ARE ON FILE AT THE PUBLIC WORKS OFFICE. RECOMMENDATION: ACCEPT HIDDEN COVE PHASE I FOR MAINTENANCE OF WATER AND SEWER IMPROVEMENTS BY THE CITY OF ATLANTIC BEACH. ATTACHMENTS: 1. ITEMIZED LIST FOR PROJECT ACCEPTANCE 2. ATTACHED ITEII~ (EXCEPT AS-BUILTS) REVIENED BY CITY MANAGER: ~r r ;' J j JAGENDA ITEM NO. 7 E. On-Site Inspections Proposers say make on-site inspection in connection with preparing proposals. Time and extent of such inspections shall be coordinated with the Finance Director. F. Contract. Ei111nA and Payment The City Commission expects to sign a contract with the successful proposer for one or more years. Progress payments may be billed monthly for work accomplished in the previous month. Final payment will be made upon receipt and acceptance of final audit reports. This Request for Proposal does not commit the City of Atlantlc Beach to avazd a contract, nor [o pay any cost incurred in the preparation of a response. The City reserves the tight to accept or reject any proposal received by reason of this request or to negotiate with any other qualified source. G. Pub11e Entity Czime Statement Pursuant to Section 287.132, 133 Florida Statutes, any proposal or bid solicitation placed by a public entity fn excess of (3,000 is required to include the Public Entity Crime Statement (See Exhibit A). -6- 2. Technical Approach a. An express agreement to meet or exceed the performance specifications stated in Section "B". b. A tentative schedule for performing the key phases of the audit. c. A brief description of the audit procedure to be followed. 3. The firm shall submit a separate sealed envelope with the firm name clearly identified and the works "fee basis proposal". In this envelope, the not to exceed total fee for the audit shall be presented, as yell as hourly rates for the various position levels that would be assigned to [his audit. D. Evaluation Procedure During the evaluation process, the City Manager and/or his designee(s) reserve the right to request additional information or clarifications from proposers, or to alloy corrections of errors or omissions. At the discretion of the City Manager, firms aubmitting proposals may be requested to make oral presentations as part of the evaluation process. Among the factors to be considered by the City Manager or his designee(s) In evaluating proposals are: 1. Professional ability of personnel. 2. Past performance. 3. Ability and willingness to meet time requirements. 4. Recent, current and projected work loads of proposers. S. Volume of work previously awarded to proposers. The City Manager and/or his designee(s) will review all proposals to make a determination as to whether [he firm is adequately qualified to perform the audit. Included in this determination will be whether or not adequate time constraints can be met. The determination of "adequately qualified" will be at the sole discretion of the City. The fee basis proposal for those firms deemed to be adequately qualified will be opened and evaluated. It ie the City's intent to award the contract to the lowest qualified bidder. Pee basis proposals for those firms which were determined not to bel adequately qualified will be returned to those firms unopened. / The Clty Manager expects to present his recommendations for selection of the successful proposal to the City Commission not later than November 8, 1993. The City Conmiseion may wish to intervlew any or all firms. The City reserves the right to negotiate any additional duties which may arise during the year. -5- 9. The auditor shall, without charge, make available their work papers to the Finance Department and to any federal or state agency upon request and in accordance with federal and state law regulations. 10. The schedule of federal financial assistance and related auditor's report, as well as the reports on the internal control structure and compllance, are not to be included in the comprehensive annual financial report, but are to be issued separately. The U.S. Department of Environmental Protection Agency will act as the cognizant agency in accordance with the provisions of the Single Audit Act of 1984 and U.S. Office of Management and Budget (OMB) Circular A-128, Audits of State and Local Governments. 11. The firm shall agree to utilize the City's staff to perform all work of an assisting nature consistent with generally accepted auditing standards, depending on the availability of the City's employees. Hovever, it is not the City's intent for its staff to prepare the auditor's work papers. The City expects that the auditor will provide the City technical advice and recommendations as to current statement requirements and the City's compliance with such. 12. The auditors shall provide a separate report on the Department of Environmental Protection grant as set forth in the special conditions to the grant award. In addition, the auditors shall provide a statement concerning the City's compliance vith the provisions of Rule 17-50.017(2), Florida Administrative Code. C. Instructions for Proposals !'en (10) copies of the proposal shall be filed with Rirk R. Headland, C.P.A., Finance Director, 800 Seminole Boad, Atlantic Beach, Florida 32233 not later than 4:00 p.m., Monday November 1, :1993. Proposals must include: Ttb: C~0`~) a~t~r-580o 1. Qualifications of the Auditor a. Description and history of the audit firm. b. List the last five (5) governmental audits performed by the firm and a contact reference for each of the audits listed. c. Total staff available for this audit. d. Resumes of partners and managers who will be resigned to this audit. e. Location of the office which would serve the City. f. Description of any regulatory action taken by any oversight body agalns[ audit organization or local office. -4- 1. The- audit shall be performed in compliance with the requirements of: a. Chapter 11, Section 45 of the Florida Statutes. b. Regulations of the State Department of Banking and Ff.nance. c. Rules adopted by the Auditor General for form and content of governmental unit audits. d. Audi[e of State and Local Governmental Dnits - American Institute of Certified Public Accountants. e. Codification of Governmental Accounting and Financial Reporting Standards - Governmental Accounting Standards Board. f. Government Auditing Standards (1988) - U. S. General Accounting Office. g. Single Audit Act of 1984, P. L. 98 - 502 and OMB Circular A-128. h. Chapter 27 of the Florida Statutes - Local Government Criminal Justice Trust Fund. 2. Final and complete reports of the audit shall be submitted to the City Commission not later than January 31 following [he close of the fiscal year end. It is specifically understood that time is of the essence of any proposal. 3. The audit report shall contain the opinion of the auditor on the financial statements and an opinion on compliance with applicable legal provisions. 4. The auditor shall be required to make an immediate written report of irregularities, illegal acts or indications of illegal acts, if any, and immediately make the City Manager aware of same. 5. The auditor shall submit not later than January 10 a written draft report of any recommendations to strengthen internal controls. 6. The auditors shall submit not la management letter which shall identify observed, assess their effect on financial steps to eliminate them. 7. The auditor will provide fifty Comprehensive Annual Financial Report to by January 31. ter than January 31 a management weaknesses management and propose (50) copies of the the Finance Department 8. The partner in charge of the audit and the audit manager shall be free to attend up to two public meetings for discussion of the audit report. The firm will also be available for consultation and advice to the Finance Department and the City Manager. -3- A. General Information The City of Atlantic Beach is a municipal corporation of the State of Florida. The principal municipal departments make ezpenditures from several different funds, all of which will be subject to this audit. These funds, with total budgeted eapenditurea and transfers for the fiscal year aub~ect to this audit, are listed below: General Fund 4,445,412 Special Revenue Funds Federal Grant 120,000 Convention Development Tax 44,000 Local Option Gas Tax 471,424 Debt Service Fund 821,088 Capital Projects Fund 223,000 Enterprise Funds Water Fund 3,063,115 Sewer Fund 4,187,026 Sanitation Fund 1,074,735 Stormwater Fund 213,000 Fiduciary Funds Pension Trust Fund Police Court Trust Fund 34,401 ICMA-Agency Fund General Fixed Asset Account Group Long Term Debt Account Group The most recent audit of the Ci[y of Atlantic Beach vas for the period October 1, 1991 through September 30, 1992. A copy of`the auditor's report is available from the Finance Director, 800 Seminole Road, Atlantic Beach, Florida 32233, (904) 247-5800. The City has approximately 120 full-time equivalent positions. B. Performance Specification Indicate in your proposal if you agree to meet or exceed the following performance specifications. Explain any exceptions you have regarding them. -2- CITY OF ATLAPTIC BEACH HE IIEST POE ADDIT PEOPOSAL October 18, 1993 the City of Atlantic Beach, Florida is requesting proposals from qualified firms of Certified Public Accountants to audit its financial statements for the fiscal year ending September 30, 1993, with the option of auditing its financial statements for each of the three subsequent fiscal years. These audits shall be performed in accordance with the Performance Specifications listed in Section B of [his Request for Proposal. The City of Atlantic Beach, Florida desires the auditor to ezprese an opinion on the fair presentation of its general purpose financial statements in conformity with generally accepted accounting principles. The City of Atlantic Beach, Florida also desires the auditor to ezprese an opinion on the fair presentation of its combining and individual fund and account group financial statements and schedules in conformity with generally accepted accounting principles. The auditor is not required to audit the supporting schedules contained in [he comprehensive annual financial report. However, the auditor ie to provide an "in-relation-to" report on the supporting schedules based on [he auditing procedures applied during the audit of the general purpose financial statements and the combining and individual fund financial statements wand schedules. The auditor ie not required to audit the statistical section of the report. The firm selected will be retained for a maaimum period of four years beginning as soon as practical. Each year of the engagement will be dependent upon a mutually satisfactory annual contract, and the contract period will be from April 1 to March 31 of each year. Copies of previous annua3 reports of the Citq are on file in the Finance Department. Questions concerning this Eequest for Proposal should be directed to Eirk R. Aendland, C.P.A., Finance Director (904) 247-5800. Honorable City Commissioners City of Atlwtic Beach Atlantic Beach, Florida -3- February 12, 1996 RESPONSE: This Idler corrocuy sets forth the understanding of the City of Atlantic Beach, Florida. Signature: Titk: Mavor Date: Honorable City Commissioners City of Atlantic Beach Atlantic Beach, Florida -2- February 12, 1996 not be detected by us. We will advise you, however, of any matters of than nature than come to our attention, and we will ~nclude such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters thaz might arise during any later periods for which we are not engaged as auditors. We understarul that you will provide us with the basic information required for our audit and that you aze responsible for the accuracy and completeness of than information. We will advise you about appropriate aceounting pri~iples and their application and will assist in the preparation of your financial staumems, but [he responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting pri~iples, and the safeguarding of assets. We understand that your employes will prepare various schedules for us in advance std will be available to locate any invoices selected by us for testing during fieldwork. We expect to begin our audit in November 1996, and to issue our report no later than January 31, 1997. Our fees for the services set forth above will not exceed 522,000.00 for the Single Audit, including the preparazion of financial statements and the perfortrrance of accounting services normally provided during an audit. Bills for services are due when rendered, and interim billings may be submitted as work progresses. Assistance to be supplied by your personnel, including the preparation of schedules and the analysis of accounts will be discussed and coordinated with your Finance Diretxor, Ms. Ann Meuse. Our fees are based on anticipated cooperation from your personnel a~ the assumption that unexpected cucvmstances will not be encountered during the audit. If significant additional time is naoessary, we will discuss it with you and arrive at a new fee before we incur the additional costs. 7'he above fe does not include the preparation of ttx Annual Report to the Deparmrent of Banking and Finance, or the preparation of the amual pension reports. 1 will be the partner in chazge of all work we perform for you. It will be my responsibility to eosare that you and your management receive good service. I will call upon other partma a~ staff in our firm for assistance as necessary. We appreciate the opportunity to continue to be of service to the City of Atlantic Beach, FloAda, and believe this letter acc~,uately summaries the significant terms of our engagemem. If you have any questions, Please let us know. If you agree with the tams of our engagement as described in this later, please sigh the enclosed copy and raurn it to us. Very truly yours, PURVIS, GRAY AND CO~M~PA~N/Y r-1~i~6~--f~I"!P~ Joseph 1. Welch, C.P.A. Audit Partner ]JW/]fm Enclosures G February 12, 1996 AUDIT ENGAGEMENT LETTER Honorable City Commissioners City of Atlantic Beach 800 Seminole Road AUantic Beach, Florida 32233-5445 We are pleased to confirm our understanding of the services we aze to provide for the City of Atlantic Beach, Florida, for the year ended September 30, 1996. We wID audit the general purpose financial statements of the City of AUantic Beach, Florida, as of and for Ute year ended September 30, 1996. Also, we will include in yow report the following supplemental information that will be subjected to the auditing procedures applied in our audit of the general purpose financial statements: ^ Combining Statements By Fund Type, Individual Fund or Account Group Statements and Supporting Schedules ^ Schedule of Net Revenues in Accordance With Bartlett Bank Note Resolutions Our audit will be a Single Audit made in accordance with generally accepted auditing standazds; the standazds for financial audits contained in Gove»unent Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act of 1984; the provisiotts of OMB Circular A-128, Audits of State and Local Covernmeus; Chapter t 1, Florida Statutes; and the Rules of the Auditor General, and will include tests of the accounting records of the City of AttanUC Beach, Florida, a~ other procedures we consider ttecessary to enable us to express an unqualified opinion that the financial statements aze fairly presented, in all material respects, in conformity with generally accepted accounting principles and to report on the schedule of federal financial assistance and the City's compliance with laws and regulations and its internal accounting controls as required for a Single Audit. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. Our procedures will include tests of ctxtmenrary evidence supporting the trattsatxions recorded in the accounts, and may include tests of the physical existettce of inventories, and direct confirmation of receivables and certain outer assets and liabilities by correspondence with selected individuals, creditors, and banks. We will request written representation from your attorneys as part of the engagement. At the conclusion of our audit, we will also request certain written represemaUons from you about the financial statements and related matters. An audit includes ez~+*~ ~'!++~g, on a test basis, evidence supporting the amounu and disclosures in the financial statements; therefore, our audit will imoh+e judgmtmt about the member of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial crarrrswnr< are free Of material misstaument. AS required by the Single Audit An of 1984, our audit will include tests of transactions related to federal assistance programs for compliance with applicable laws and rcgulatioas. However, because of the concept of reasonable assurance and because we will not perform a detailed examinarion of all transactions, there is a risk that material errors, irregularities, or illegal aces, inchtdittg fraud or defalcations, may exist and CeAiGed IsbFc Aoasrdassb P.O. Box 23999 • 222 N.E. 1st Street • Gairtesvilk, Florida 32602 • (352) 37&2461 • FAX 1352) 371L2505 s+rwMF•s a w,+uuow a+o aorta •arrrtlrrs or oarr~rm niwx ~CCOUrtwrs wrrNU a .vsrRSCH+ •emsm a ®cr•EO nasc,s¢ourwos rwntt co.~wsES w.o sE.c. rtncrxi srcrons CITY OF ~'1tladcel a'iaek - ~loaula f300 SEMINGLE KOAD - ----~ -- ATLANTIC BEACH, FLOKIDA 322335445 TELEPHONE 1904; 247-SA00 FAX i 904; '24 ~ -52305 SUNCOM 852.SN00 MEMORANDUM Date: March 4, 1996 To: Jim Jarboe, City Manager From: Ann Meuse, Finance Director Subject: Authorize Purvis Gray & Company -Audit Services Fy 1 99 511 99 6 Attached is a copy of the 1995/1996 engagement letter and a copy of the RFP for auditing services awarded to Purvis Gray & Company in November 1993. The RFP states that "the firm selected will be retained for a maximum of four years." 1995/1996 will represent the fourth and last year of this RFP. The audit fee of S22,000 is S500 more than last year and is reasonable considering additional audit work which will be required as a result the new borrowing for the Water and Sewer capital improvements. ~\` 7.8 February 5, 1996 Chairman of Community Development Board City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233-5445 RE: USE BY EXCEPTION CELLULAR TELEPHONE TOWER Deaz Madam/Sir: The purpose of this letter is to officially advise the City of Atlantic Beach that I am the current property owner of the land for which the about-referenced apphcatian is being submitted for consideration. Additionally, I wish to further advise the City that I have designated Mr. P. Bnrce King, AICP, with CSC Cypress Real Estate Services, Inc. to aM as my Agent in this particulaz matter. CSC Cypress presently represents AT&T Wireless Services in Central and North Florida in their efforts to establish a statewide cellular telephone tower network. It is my understanding that Mr. King may desire to address the Community Development Board and the City Commission regarding AT&T's long-term cellular tower needs and will be available to respond to any questions that the City may have. Arry meeting rtotices or other materials regarding this matter should be sent to Mr. King's attention at the following address Mr. P. Bruce King, AICP CSC Cypress Real Estate Services, Inc. Suite 120 2700 Westhall Lane Maitland, Florida 32751 Mr. King may be contacted by telephone at (407) 875-0320 or by facsimile at (407) 875-0325, should the City have arty questions or concerns. Lastly, the City's full consideration of this application will be greatly appreciated. Sincerely ~~ Mr_ -erry Hoey c: Mr. L.ou Gorodetzer, AT&cT Wireless Services EXHIBIT "B" JX-33 MAYPORT PARENT TRACT LEGAL DESCRIPTION A PART OF GOVERNMENT LOT 4, SECTION 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 17, SAID NORTHWEST CORNER BEING ALSO THE NORTHWEST CORNER OF GOVERNMENT LOT 4; THENCE SOUTH 0 DEGREES 45'00" EAST ALONG THE WEST LINE OF SAID SECTION 17, THE SAME BEING ALSO THE WEST LINE OF GOVERNMENT LOT 4, A DISTANCE OF 360.00 FEET; THENCE NORTH 88 DEGREES 43'00' EAST PARALLEL WITH THE NORTH LINE OF SAID GOVERMENT LOT 4, A DISTANCE OF 33.00 FEET; THENCE CONTINUE NORTH 88 DEGREES 43'00" EAST PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88 DEGREES 43'00' EAST, PARALLEL WITH SAID NORTH LINE OF GOVERNMENT LOT 4, A DISTANCE OF 217.35 FEET; THENCE SOUTH 0 DEGREES 45'00' EAST PARALLEL WITH THE SAID WEST LIIVE OF GOVERNMENT LOT 4, A DISTANCE OF 198.00 FEET; THENCE SOUTH 88 DEGREES 43'00" WEST PARALLEL WITH SAID NORTH LINE OF GOVERNMENT LOT 4, A DISTANCE OF 217.35 FEET; THENCE NORTH 0 DEGREES 45'00' WEST, PARAIlEL WITH SAID WEST LINE OF GOVERNMENT LOT 4, A DISTANCE OF 198.00 FEET T'O THE POINT OF BEGINNING. EXHIBIT "A' 1X-33 MAYPORT INGRESS/EGRESS EASEMENT LEGAL DESCRIPTION SHEET 3 OF 3 ALL THAT TRACT OR PARCEL OF LAND LYING IN A PART OF GOVERNMENT LOT 4, SECTION 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DWAL COUNTY, FLORIDA, BEING A PORTION OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORD BOOK 6198, PAGE 1110 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 17, SAID NORTHWEST CORNER BEING ALSO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 4; THENCE SOUTH 00.45'00" EAST A DISTANCE OF 360.00 FEET TO A POINT; THENCE NORTH 88°43'00" EAST A DISTANCE OF 33.00 FEET TO A POINT BEING THE INTERSECTION OF THE EAST RIGHT-0F- WAY LINE OF MAIN STREET AND THE SOUTH RIGHT-OF-WAY LINE OF STEWART STREET; THENCE CONITNIJE NORTH 88°43'00" EAST ALONG SAID SOUTH RIGHT OF-WAY LINE OF STEWART STREET A DISTANCE OF 279.03 FEET TO THE POINT OF BEGINMNG; THENCE CONTINUE NORTH 88°43'00" EAST A DISTANCE OF 20.00 FEET TO A POINT; THENCE SOUTH 00.45'00' EAST A DISTANCE OF 99.14 FEET TO A POINT; THENCE SOUTH 21°17'00" EAST A DISTANCE OF 37.09 FEET TO A POINT; THENCE SOUTH 88°43'00' WEST A DISTANCE OF 21.28 FEET TO A POINT; THENCE NORTH 21°17'00" WEST A DISTANCE OF 33.43 FEET TO A POINT; THENCE NORTH 00'45'00" WEST A DISTANCE OF 102.58 FEET TO THE POINT OF BEGINNING. CONTAINING 2,722 SQUARE FEET OR 0.063 ACRE MORE OR LESS. EXHIBIT "A" 1X-33 MAYPORT LEASE PARCEL LEGAL DESCRIPTION SHEET 2 OF 3 ALL THAT TRACT OR PARCEL OF LAND LYING IN A PART OF GOVERNMENT LOT 4, SECTION 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEING A PORTION OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORD BOOK 6198, PAGE 1110 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 17, SAID NORTHWEST CORNER BEING ALSO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 4; THENCE SOUTH 00°45'00" EAST A DISTANCE OF 360.00 FEET TO A POINT; THENCE NORTH 88°43'00" EAST A DISTANCE OF 33.00 FEET TO A POINT BEING THE INTERSECTION OF THE EAST RIGHT-OF- WAY LINE OF MAIN STREET AND THE SOUTH RIGHT-OF-WAY LINE OF STEWART STREET; THENCE CONTINUE NORTH 88.43'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF STEWART STREET A DISTANCE OF 279.03 FEET TO A POINT; THENCE SOUTH 00°45'00° EAST A DISTANCE OF 102.58 FEET TO A POINT; THENCE SOUTH 21°17'00" EAST A DISTANCE OF 33.43 FEET TO THE POINT OF BEGINNING, THENCE NORTH 8fi43'00' EAST A DISTANCE OF 37.00 FEET TO A POINT; THENCE SOUTH Ol°17'00" EAST A DISTANCE OF 50.00 FEET TO A POINT; THENCE SOUTH 88°43'00' WEST A DISTANCE OF 37.00 FEET TO A POINT; THENCE NORTH Ol°17'00° WEST A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,850 SQUARE FEET OR 0.043 ACRE MORE OR LESS. The bc~rcfits to the communiq• of allular communiations are endttxs. This is nd just a modern or convenient method to keep in touch with your oftce, Itids, family, ga directions, be productiti at work but most importantly, the lift swing advanuga of aping for help, police, emcrgency professionals that alt of us have come to rely on. 7hardc you for your time. Should you ha~~e any questions, fat frtx to contact me. I would be glad to assist you. Sintxrcly~ ~~ Lou Gorodetrsr ATIkT Wireless Seniors. =AT&T February 6, 1996 Mr. George Worley, 1[ City Planner City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233-5435 ATdT Wueiess Services 20 N Orange Avenue Swte 5 t0 O~~antlo. FL 32ant Dear Mr. Worley: I appreciate this opportuniry• to address the questions you presented to Mr. Wilson, our Real estate Manager. The facility we are proposing is an unmanned telephone equipment station rnnsisting of a State of Florida Approved Modular building (I 1.5 fat X 27.75 feet) and a l50 ..roe monopole. This unmanned facility, will generate no noise, smell, trazh or traffic and will be oaxsionally visited by a technician for maintenance. We arc proposing to locate behind a cabinet shop in an industrial warehouse district, zoned ILW, occupying a small fenced in area (37 fat X SO fat). Our monopole is similar in design to a power pole except stronger and higher. It will be designed for 120 miles per hour bazic wind speed az defined by the American National Standards Association speciligtions MANSI/EiA-TIA-222-E, exposure C. This is the basic engineering guidelines for stcel antenna supporting structure. These poles are designed moth stronger on the bonom portion than on the top thereby folding in on itself if a problem arose. As I personally saw during Hurricane Andrew, most if not all buildings were destroyed around our towers that were still standing. Another issue that frequently arise is that of lightening. Twv factors will combine to protect our facility. The first is the tower itself The "cone of protection," a 45 degra arc from the top of the tower out to ground will tend to protect swcturcs within this area from lightening strikes. Second, our towers are typically grounded with approximately 20 ten foot gramd rods and approximately 250 fat of bare M2AWG coypu cable buried around the facility. Should the tower receive a strike, the electrical surge would be directed toward the ground and dissipated immediately. The c6ect of cellular radio frequencie on other AM, FM & TV transmissions is considered insignificant It doen't happen. There are too many frequencies (analogous to miles) between cellular frequende and the aforementioned transmissions for us to eBect them. Of all the radio transmission within We radio frequency spectrum (except microwave), cellular comprise only 3'h. We also transmit at an extremely tow power lael az dictated by the FCC. The other radio transmissions are at much higher power lads. We will not e6eq any of them. 1 know some questions always arise on the issue of EMF. Unlike the radio telephone systems of yesteryear, which were comprised of large centrally logted towers with high transmit power R camry wide coverage, and compared to the typical broadcast facilities such az AM R FM radio and TV stations, the Cellular Industry is designed around a number of very low powered facilities. By wntrast, our RF contribution to the environment is negligible wmpared to the higher powered AM, FM g TV stations. Baxuse most health concerns have originated year, in the past, it is very difficult to dispel these invalidated concerns. This is wM we uy to locau our sites in areas that are indtutrial/commercia! in nature and Iry to minimiu the impart to the community while maximizing the benefits. _ ._ R/v.t~rl Oirrr 1 .. ,-~ .~ -"--~ Date Filadi February-611p~6_-__-_ ~! ------- ~ i~„p' C~~ Nawv and Addraw^ of Ornar or Tenant in Poaaeaalon of ~(~k~k ~~d Zoning Jacksonville Cellu].ac Tele~hone_fo _c)ha ATST Nireless Services Phon• _ 20 N_ Orange Ave_L_ Su~tg„~jQ____---_ Mork ~ (407 ) 257-9954 ------------------------- _ Orlnncto FL 32801 __ Howe i Street address wnd legal deaeription of the prewiwee •^ to rhich the •ua~ by Exoeption• i^ requeated~ Site located on Steurart St_L ?pproximatelY 110'-east of Main Street, south side. ------------- -------------------------- See attached legal deacriPtion_---- A deaeription of the 'Use by ExoepLlon• desired, rhich ^hall apeciticslly and partioularly daaoribe the types, oharaoter and extent of the proposed •Uao by Exoapti.on• t U~,Igr th~s_Cxcgption Uses ATbT Pr~~oses to construct a 150 foot tall communications Monoeolej with t~ mounted_antennas _ Our pressed Pole v_ill be designed to acccxnnodatr ------ ------- the future need requirements of thg cpmnZnity_____-____- ----- ------------------------- Spwoitio reawona xhy.the wpplioant teal^ the request should b• prantedi Cellular communication is not dust a modern method to increase~roductivity _ but is an important Life Saving mechanism that our Emergency Professionals and the Public --- - --------- ------------------------------------------------- rely_~n.------------------------------- Zoning - Irxlus gFiD~Narehou'se I S1 ature t orner t th• property A llowtion oanno be oror.n•~..+ v~ti,out ornere elpnature. Slpnature o1 applies t/wpplioant'^ authorized spent or attorney. It spent or attorney, nciude lettTs tree ^pplioant to that wtteot. ..r~~wwrww~.....r~«wL.w......r..ww...~ww..~ww........~w..w~.w..r ~r..r~w............~~~..~~~~~ ~ ~.. ~ --- . - Applioantt Do not-till-in beyond this point. Hoverer, b• prepares to rewpond to the tollorinp itewwi , Plewwe Typo or Print in Ink • Applio~tion Fee SI00.00 APPLICATION FOR •USE 8Y E%CEFSION• ;- ~ '~ ' . . ,. _ ,;1,:,. Dwtw Filed February_6,, 1~L6______ (} ~~ ~ ;~~f .. ., la~,p .. n Newo end Addree• of Orner ar Tenent in Poeeeeelon of ~}ili~W'Ij!'911d zo~~~)u Jacksonville Cellular Telephone En. dbe ATbT Wireless Services Phon• --------------------- ---------- _ 20 N_ Orange Ave_L_ Suitg„~]Q________ Works (407) 257-9954 _ Orlarxto FL 32801 Howe~_------------------------ Streit wddreew ^nd lepwl deeoription Ot the prewiee^ ^e to rhich the •u~~ by Exoeptian` i^ requeeted~ Site located on Stewart St_L approxinr~[elY 11O'_east of Main Street, south side. ------- ----------------------------- See attached legal description---------------------- A deeoription of the •Uee by Exoeption• desired, rhich shell ^peciilcslly •nd pertioulerly deeoribv the Lype, ohereoter ^nd extent of the proposed •Ueo by Exoeption•t linllgc tires Exception Uses ATST Pr~~oses to construct a 150 foot tall communications Monoeoles with t~ mounted antennas __Our promised Pole vial be designed-to accomnodatr thr_ fiit~e need_rec~uirements of thg commuiity____________________________________ ------------------------------------------------------------------------- Speoitio reewon^ rhy.the epplioent teel• the request ^hould b• prenteoi Cellular communication is not~,ist a modern method to increase productivity,- but is an im rtant Life Saving mechanism that our Gnergency Professionals and the [~ubl~c rcly_ualn---------------°-----------------___-__----------------- ---- Zoning C1e~itiowtiRnp,_ li~l-= AGENDA ITEM: Use-by-Exception for communications tower SUBMITTED BY: George Worley II, Community Deveopment Director G~~~ DATE: March 5, 1996 BACKGROUND: The applicants, AT&T Wireless Services, desire to construct a ceNular telephone communications tower on property in the ILW zoning district. The appNcant has based the property for the purpose constructing and operatkrg this tower. The tower is proposed to be 150 feet high and will be located on the south side of Stewart Strad. The tower Is Intended to seMce Atlantic Beach ceBdar telephone customers as wep as the Mayport area. The ILW district permits communication antenna structures try exception. RECOMMENDATION: This matter was addressed by the Community Development Board at Rs last regular meeting. The Board recommends approval of the requested Use-by-Exception subject to the applicant providing to the City a letter guaranteeing the prompt removal of the antenna upon revocation or termination of the lease. ATTACHMENTS: 1) Application for Use-by-Exception 2) Minutes of the Community Development Board Meeting REVIEWED BY CITY MANAGER: AGENDA ITEM NO. ~A Bec. 2-1~8. Powers. The code enforcement board shall have the powers as set forth in Florida Statutes §162.08. Sec. 2-1~9. Penalties; lien. Penalties and liens shall be as set forth in Florida Statutes §162.09. sec. z-iso. Duration of lien. Duration of liens and foreclosure proceedings shall be as set forth in Florida Statutes 8162.10. This provision shall apply to all code enforcement board liens whether imposed and/or recorded prior to or subsequent to the enactment of this ordinance. sec. 2-151. Appeal. Appeals shall be as set forth in Florida Statutes §162.11." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. GASSED by the City Commission on first reading this day of _ 1996. PASSED by the city Commission on second and final reading this _ day of __ 1996. ATTEST: MAUREEN RING LYMAN T. FLETCH£R City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ORDINANCE NO. 5-96-27 AN ORDINANCE OF THE CITY OF ATLANTIC BEACS, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, By AMENDING SECB. 2-146(a), JURISDICTION, 2-147, PROCEDURE; HEARINGS, 2-148, POWERS, 2-149, PENALTIES; LIEN, 2-150, DURATION OF LIEN, AND 2-151, APPEAL, TO CONFORM TO THE APPLICABLE PROVISIONS OF CHAPTER 162, FLORIDA STATUTES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Secs. 2-146(a) and 2-147 through 2-151 currently provide the jurisdiction, procedures for hearings, powers, penalties, duration of lien, and appeals applicable to proceedings of the Code Enforcement Board, and WHEREAS, Chapter 162, Florida Statutes, sets forth the prevailing state law regarding these matters to be considered by the Code Enforcement Board, and WHEREAS, the city commission of Atlantic Beach desires to conform these ordinances to state statute and finds that the restriction of two (2) years to foreclose on a Code Enforcement Board lien currently set forth in Sec. 2-150 was either by mistake or clerical error and that therefore this correction of the statute of limitations to twenty (20) years as provided by state statute should apply retroactively. BE IT ORDAINED by the City Commission Of the Clty Of Atlantic Beach, Florida: SECTION 1. Secs. 2-146(a), 2-147, 2-148, 2-149, 2-150, and 2-151 of the Code of Ordinances of the Cit}~ of Atlantic Beach, Florida, are hereb}~ amended to read as folloi.~s: "Sec. 2-146. Jurisdiction. (a) The code enforcement board shall have the jurisdiction and authority to hear and decide alleged violations of the following: (1) City of Atlantic Beach Code of Ordinances; (2) Building codes as adopted by the city; (3) Standard housing code as adopted by the city; (4) State of Florida health code; (5) Florida state statutes; and (6) State, county and local laws and ordinances whose intent is to promote the health, welfare and safety of the citizens of the city. sec. 2-147. Procedure; hearings. Enforcement procedure and conduct of hearings shall be as set forth in Florida Statutes 5162.06 and §162.07. EXHIBIT B 1996 PROJECT Capital Improremmt Program for Four FLscal Years Epolpa September 30 2000 (f in tbottsands) 2. 3. 4. 5. 6. 7. 8. 9. 10. Il. 12. Dexriotion New Well/Wazer Treatment Plam N2 City bluer Meters Corrosion Reduction New Muter Lift StatioN Buccaneer WWTP Facility Improvements/ Buccaneer WWTP Infltun[ Flow Meter and Con[rols, Buccaner WWTP blazer and Sewer Improvements Oak Harbor Water and Sewer Improvements Beach Avrnue Water Main Upgrades Various Loca[ion Sewer Rebabili[a[ion Stormwazer Master Plan Impletttrntazion Capital Improvements Program Contingency TOTAL Estimated Cost 100,000 15.000 5.000 253,000 !.400.000 8,500 I.?00.000 895,000 894,000 3.200.000 3,982,000 131.500 12.084,000 B-1 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE] (Name and Address of Transferee) the within Bond and does hereby irrevocably constitute and appoints [o transfer the within note on the books kept for re¢istration thereof, with full power of substitution in the premises. Dated Signature Guaranteed Sigtature guarantee shall be made by a guarantor insti[ution participuing in the Securities Transfer Agerus Medallion Program or in such other guarantee program acceptable to the Registrar. Note: The sigtta[ure(s) on [his assignment must correspond with the name of the Regisared Owner as it appears upon the face of the within bond in every particular. without alteration or enlargetnen[ or any change whatever. A-7 Redemption Period (Both dates inclusive) Redemption Price t96) (INSERT TABLE) The Bonds maturing in the year _ are subject to mandatory redemption prior to maturity by lot at a redemption price of par plus accrued interest [o the date of such redemption on of each year in the years and amounts as follows: Year Amount Year Amount (INSERT TABLE) Notice of such redemption shall be given in the manner provided in the Ordinance. This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code-Investment Securities Laws of the State of Florida, and the Registered Owner and each successive Registered Owner of this Bond, shall be conclusively deemed by his acceptance hereof to have agreed that this Bond shall be and have all the qualities and incidents of negotiable instruments under the laws of the State of Florida. STATEMENT OF INSURANCE [INSERT STATEMENT OF INSURANCE, IF ANY] The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according [o applicable laws or regulations: TEN COM - as tenants in common UNIF GIF MIN ACT - TEN ENT - as tenants by the etuireties JT TEN - as joint tenants with right Custodian for of survivorship and trot of tenants in common (Gust.) (Minor) Additional abbreviations may also be rued although not listed above. A-6 (MATERIAL APPEARING ON REVERSE OF BONDS) This Bond is one of an authorized issue of Bonds, originally issued in the aggregate principal amount of $ , of like date, tenor and effect, except as to number, interest rate, and date of maturity, issued to pay the cost of acquiring and constructing additions, extensions, and improvements to the City's combined water and sewer utility system ([he "System") and the City's stotmwater utility system, and [o refund certain outstanding debt of the City previously issued to finance improvements to the System, under the authority of and in full compliance with the Constitution and Statutes of the State of Florida. including particularly Chapter 166, Part iI, Florida Statutes, and other applicable provisions of law, and Ordinance No. IS-95-7 duly enacted by the City Commission of the City on November 13, 1995 (the "Bond Ordinance"), as supplemented by Ordinance No. IS-96-8, duly enacted by the City Commission on March II, 1996, as further supplemented (hereinafter collectively called "Ordinance"), and is subject to all the terms and conditions of said Ordinance. Capitalized terms used herein shall have the meaning specified in the Ordinance. The Bonds are issuable only as fully registered Bonds in the denominations or Maturity Amounts of 55,000 or integral multiples thereof. This Bond is transferable and exchangeable for Bonds of other authorized denominations at the office of the Bond Regis[raz, by the Registered Owner or by a person legally empowered to do so, upon presentation and surrender hereof to the Bond Registrar together with a request for exchange or an assignment signed by the Registered Owner or by a person legally empowered to do so in a form satisfactory to the Bond Registrar, all subject [o the [elms, limitations and conditions provided in the Ordinance. No charge will be made for transfer or exchange, but the City or the Bond Registrar may require payment of an amount sufficient to cover any tax or other governmental charge payable in connection [herewith. The City and the Bond Registrar may deem and treat the Registered Owner as the absolute owner of this Bottd for the purpose of receiving payment of or on account of principal or interest and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. The City has entered into certain covenants with the Registered Owners of the Bonds of this issue for the terms of which reference is made to said Ordinance. In particulaz, the City has reserved the right to issue additional obligatioru payable from and secured by a lien upon and pledge of the Pledged Revenues on a parity with the Bonds of this issue and series, upon compliance with certain conditions set forth in the Ordinance. The City has also reserved the right to defease the lien of the Bonds of this issue upon the Pledged Revenues upon making provision for payment of the Bonds as provided in the Ordittartce. The Bonds maturing in the years _ [o _ are not subject to redemption prior to their stated dates of maturity. The Bonds maturing on and thereafter are redeemable prior to maturity, at the option of the City, in inverse order of maturity, and by lot within maturity if less than a full maturity, from any moneys legally available therefor, at a redemption price, expressed as a percentage of the principal amount of the Bonds so redeemed, if redeemed during [he following periods: A-5 BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within-mentioned Ordinance. INAMEI As Bond Registrar By Authorized Si¢nature Date of Authentica[ion: VALIDATION CERTIFICATE This Bond is one of a series of Bonds validated by judgment of the Circuit Coutt for Duval County, Florida rendered on Mayor A-4 REFERENCE IS HEREBY MADE TO THE FURTHER PROV IS[ONS OF THIS BOND APPEARING ON THE REVERSE SIDE HEREOF AND SUCH FURTHER PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH ON THE FACE HEREOF. [t is hereby certified and recited that all acu, conditions and things required [o be performed to exist and to happen precedent to and in connection with the issuance of [his Bond, have been performed exist and have happened in regular and due form and [ime as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of this Bond, and the issue of Bonds of which this Bond is one, does no[ violate any constitutional or statu[ory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinatxe un[il the Certificate of Authentication hereon shall have been executed by the Bond Registrar. IN WITNESS WHEREOF, the City of Atlantic Beach. Florida has issued this Bond and has caused the same to be executed by the Mayor or the Vice-Mayor of [he City, either manually or with his facsimile signature, and the corporate seal of said City or City Commission, or a facsimile thereof to be affixed hereto or imprinted or reproduced hereon, and the foregoing attested by the manual or facsimile signature of the City Clerk of the City, all as of [he _ day of 19_. (SEAL) CITY OF ATLANTIC BEACH, FLORIDA Mayor ATTEST: City Clerk A-3 [FORM OF FIRST PARAGRAPH OF COMPOUNDING INTEREST BOND] PRINCIPAL AMOUNT AT DATE OF ISSUANCE PER $5,000 RATE OF INTEREST ORIGINAL DATE MATURITY AMOUNT USIP REGISTERED OWNER: MATURITY AMOUNT: KNOW ALL MEN BY THESE PRESENTS, that the City of Atlantic Beach, Florida (the "City"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above, the Maturity Amount shown above, upon presentation and surrender hereof at the corporate trust office of as Bond Registrar and Paying Agent; provided, that for any Registered Owner of One Million Dollars ($1,000,000) or more in principal amount of Bonds, such payment shall, at the wri[[en request and at the expense of such Registered Owner, be by wire transfer or other medium acceptable to the City and to such Registered Owner. The Maturity Amount and premium, if any, of this Bond are payable in lawful money of the Uttited States of America. (FORM OF REMAINING PARAGRAPHS FOR ALL BONDS] This Bond is payable from and secured solely by a lien upon and pledge of (i) [he Net Revenues to be derived from the operation of the System, (ii) Capital Facilities Charges, (iii) {iii) the moneys on deposit in the Funds and Accounts, (iv) certain Investment Earnings, and (v) the Special Assessments (collectively, the "Pledged Revenues"), all as defined and provided in Ordinance No. _ of the City as supplemented by Ordinance No. _ (the "Ordinance") hereinafter referred to. This Bond does not cotutitute a general obligation or indebtedness of the City, and it is expressly agreed by the Registered Owner of this Bottd that such Registered Owner shall never have the right to require or compel the exercise of the ad valorem taxing power of the City, or the taxation of any property of or in the City, for the payment of the principal of and interest on this Bond or for the making of any sinking turd, reserve or other payments provided for in said Ordinance. It is further agreed between the City and the Registered Owner of this Bond, that this Bond and the obligation evidenced hereby shall not constitute a lien upon the System or any part thereof, or on any other property of or in the Ci[y, but shall constitute a lien only on the Pledged Revenues, in the manner provided in the Ordinance. A-2 EXHIBIT A No. UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF ATLANTIC BEACH UTILITIES SYSTEM REVENUE BOND, SERIES [FORM OF FIRST PARAGRAPH OF CURRENT INTEREST PAYING BOND] DATE OF RATE OF INTEREST MATURITY DATE ORIGINAL ISSUE CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: KNOW ALL MEN BY THESE PRESENTS, that the City of Atlantic Beach, Florida (the "City"), for value received, hereby promises to pay [o the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on [he Maturity Date specified above, the principal sum shown above, upon presentation and surrender hereof at the corporate trust office of , as Bond Registrar and Paying Agent, and to pay solely from such funds, interest thereon from the date of this Bond or from the most recent Interest Payment Date to which interest has been paid, whichever is applicable, at the race per annum set forth above such interest to the maturity or prior redemption hereof being payable on 19 ,and thereafrer on 1 and 1 of each year by check or draft mailed to the Registered Owner at his address as it appears, at 5:00 P.M. Eastern Time on the fifteenth day of the month preceding the applicable interest payment date, on the regis[ration books of the City kept by the Bond Registrar; provided, that for any Registered Owner of One Million Dollars ($1,000,000) or more in principal amount of Bonds. such payment shall, at the written request and at the expettse of such Registered Owner, be by wire transfer or other medium acceptable to the City and to such Registered Owner. The principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of America. A-l SECTION 6.09. EFFECTIVE DATE. This Ordinance shall take effect itttmediately upon its adoption. PASSED AND ADOPTED by the Ciry Commission of the Ciry of Atlantic Beach, Florida at a special/regular meeting duly called and held [his 11th day of Match, 1996. Approved as to form, sufficiency and correctness: City Attorney ATTEST: City Clerk CITY OF ATLANTIC BEACH, FLORIDA Mayor I:TLeiL Il JD~P dUTY.RESOLUTION~ ~ ieRr,Rn a.Iq 5f5pR (E) The foregoing provisions shall not apply [o amendments [o Section 5.04 hereof. SECTION 6.06. PAYMENTS DUE AND ACTS REQUIRED TO BE DONE ON DAYS WHICH ARE NOT BUSINESS DAYS; TIME. (A) In any case where any payment of Debt Service is required to be paid on a date which is not a Busitess Day, then such payment need not be made on such date, but shall be [Wade on the next succeeding Business Day, with the same force and effect as if made on the date fixed for such payment, and no interest shall accrue on such paymen[ for the period after such date if such payment is made on such next succeeding Business Day. (B) In any case where any act is required or any notice is required to be given hereunder on any day other than a Business Day, [hen such ac[ shall be done or such notice shall be given on the next succeeding Business Day, with the same force and effect as if such act had been performed or such notice had been given on the dace required. (C) All times for the making of any payment or the performance of any act, as provided in [his Ordinance means the local [ime prevailing in [he Ciry unless some other time is expressly provided for. SECTION 6.07. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Ordinance should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be agains[ public policy, or should for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separa[e from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of this Ordinance or of [he Bottds. SECTION 6.08. REPEALING CLAUSE. All resolutions of the Ciry, or parts thereof, in conflict with the provisions of this Ordinatce are to [he extent of such conflict, hereby superseded and repeated. ~'+L~Tlle wl R-\IRH~RESOLtRIONa 43 f+~. `{ iMp 11so.. (4) to confirm by further assurance any lien, pledge or charge created or to be created by the provisions hereof; (5) to grant to or confer upon the Registered Owners any additional right, remedies, powers, authority or security that lawfully may be granted to or conferred upon them; (6) to assure compliance with the Code; (7) to provide such changes which, in the opinion of the City, based upon such certificates and opinioru of the Independent Consultan[, Independent Certified Public Accountant, Bond Counsel, financial advisors or other appropriate advisors as [he City may deem necessary or appropriate, will no[ materially adversely affect the security of the Registered Owners. (8) to modify any of the provisions of this Ordinance in any other respects, provided that such modification shall not be effective (a) with respect to the Bonds Outstanding at the tune such amendatory or supplemental resolution is adopted or (b) shalt not be effective (i) until the Bonds Outstanding at the time such amendatory or supplemental resolution is adopted shall cease to be Outstanding, or (ii) until the Registered Owners thereof consent [hereto. (B) The foregoing provisions notwithstanding, (1) no consent of any Registered Owners shall be required with respect to modification or amendment with respect to Bonds as to which a Credit Facility (other than a Reserve Account Credit Facility) is in place and to which modification or amendment the Credit Facility Issuer has provided its prior written consent and (2) no modification or amendment (other than as described in paragraphs (1) and (2) of clause (A) above) shall be effective with respect to any Bonds as [o which a Credit Facility is effective without the prior written consent to such modification or amendment of the Credit Facility Issuer. (C) The foregoing provisions of Sections 6.05(A) and (B) notwithstanding, no modification or amendment shat: permi[ a change in the maturity of such Bonds, a reduction in the rate of interest thereon, a reduction in the amount of the principal obliga[ion represented thereby or a reduction in the redemption premium required to be paid in connection with any optional redemption thereof; nor shall any modification or amendment either affect the unconditional promise of the City to pay the principal of and interest on the Borttis, as the same shall become due, or reduce the percentage of Registered Owners of Bonds above required to cottsen[ to such material modificatioru or amendments, without the consent of the Registered Owners of all such Bonds. (D) Other than as provided above, no modification or amendment of this Ordinance or of any ordinance or resolution amendatory hereof or supplemental hereto may be made without the consent in writing of the Registered Owners of fifty-one percent (51 ~) or more in principal amount of the Bonds then Outstanding and affected by such modification or amendment. ]:Jd'Atl. 11 t0!A nUTM-PESULUTION• 42 Ftbwr, ;1 'i'At !!Spn affect the Bonds or the security therefor. The trustee, the Paying Agent and the City shall be required to accept notice of default from the Credit Facility Issuer. SECTION 6.03. NO RECOURSE. No recourse shall be had for the payment of the principal of, premium, if any, and interes[ on the Bonds, or for any claim based thereon or on this Ordinance, against any present or former member or officer of [be Commission or any person executing the Bonds. SECTION 6.04. DEFEASANCE. Notwithstanding the foregoing provisions of this Ordinance, if, a[ any time, the City shall have paid all amounts due and owing to any Credit Facility Issuer and shall have paid, or shall have made provision for payment of, the principal, interest and redemption premiums, if any, with respect to any Bonds, then, and in that event, the pledge of and lien on the Pledged Revenues in favor of [he Registered Owners of such Bonds shall be no longer in effect. For purposes of the preceding sentertce, deposi[ of noncallable Defeasance Obligations in irrevocable trust with a Banking Institution for the sole benefit of the Registered Owners of such Bonds, in respect to which such Defeasartce Obligatiort5 the principal and interest received will be sufficient, without reinvestment, based on the report of an Independent Certified Public Accountant, to make timeiy payment of the principal of, interest, and redemption premiums, if any, on such outstanding Bonds designated to be defeased, and receipt of an opinion of Bond Couttsel to the effect that such deposit has no adverse effect on the exclusion from gross income for federal income tax purposes of interest on the Bonds, shall be considered "provision for payment". Nothing herein shall be deemed [o require the Ci[y to call any of the Outstanding Bonds for redemption prior to maturity pursuant to any applicable op[ional redemption provisions, or to impair the discretion of the City in determining whether [o exercise any such option for early redemption. Notwithstanding the foregoing, amounts paid by a Credit Facility Issuer shall not be deemed paid for the purposes of this Section and shall remain due and owing hereunder until paid in accordance with the Ordinance. SECTION 6.05. MODIFICATION OR AMENDMENT. (A) The City, from time to time and at any time and without the co[tsen[ or concurrence of any Registered Owners, may adopt an ordinance or resolution amendatory hereof or supplemental hereto, if the provisions of such supplemenal or amendatory ordinance or resolution shall not adversely affect the rights of the Registered Owners of the Bottds then Outstanding, for any one or more of the following purposes: (1) to make any changes or correctiotss in this Ordinance which the City shall have been advised by legal counsel are required for the purpose of curing or correcting any ambiguity or defect or inconsistem provision or omission or mistake or manifest error contained herein, or to insert in this Ordinance such provisions clarifying matters or questions arising hereunder as arc necessary or desirable; (2) to add additional covenants and agreements of the Ciry for the purpose of further securing the payment of the Bonds; (3) to surrender any right, power or privilege reserved to or conferred upon [he City by the terms hereof; ~:.anr~iem~n.~urH.~[mvrnn~ 3I f.e.,,.. _~ :+, s!b,. The City Manager may, subject [o the conditions hereinafter se[ forth, be authorized and empowered by resolution [o approve the purchase price, interest rates, maturities, and redemption provisions for any Series of Bonds and to execute a purchase contract for such Series of Bonds on behalf of the City. Any delegation of authority may only be made if the following parameters are addressed in the delegation. The conditions to any delegation of authority hereunder are: (A) The maximum principal amount of such Series to be sold shall be specified. (B) The maximum underwriter's discount for such Series must be specified. (C) The maximum interest (true interest cost or net interest cost) rate for such Series must be specified. (D) The maximum Issuance Expenses for such Series must be specified. SECTION 6.02. NOTICES TO CREDIT FACILITY ISSUER; CREDIT FACILITY ISSUER DEEMED SOLE BONDOWNER AND A PARTY IN INTEREST. Whenever a Credit Facility Issuer shall be providing a Credit Facility with respect to any Bonds issued hereunder, such Credit Facility Issuer shall be entitled to receive and shall be provided by certified mail all notices and reports which are required herein to be prepared and to be sent or made available to Registered Owners of such Bonds and a full transcript of any proceedings relating to the execution of any supplemental ordinance or resolution hereto. Notwithstanding any other provisions of this Ordinance to the contrary, the Credit Facility issuer shall be deemed [o be the sole Registered Owner of all Bonds insured by it for purposes of exercising rights, consents or remedies granted under this Ordinance. For any amendment or modification of the Ordinance for which a Credit Facility Issuer shall consent in replacement of the Registered Owners, notice of such amendment or modification along with a copy of such supplemental resolution shall be sent to Standard & Poor's Ratings Services at least twenty (20) days prior to the adoption of such amendment or modification. Any provision of [his Ordinance to the contrary notwithstat-ding, if under any provision hereof any action is to be taken oNy with the consent or approval of a Credit Facility Issuer, and if at the time such consent or approval would otherwise be called for such Credit Facility Issuer is no[ in compliance with its payment obligations of or is contesting its obligations under its Credit Facility, then the rights of such Credit Facility Issuer to any cotrsent or approval hereunder shall be suspended while any such noncompliance or contest is ongoing. Except as expressly provided herein to the contrary, neither the City nor the Paying Agent shall take the Credit Facility into effect in determining whether the rights of Registered Owners are adversely affected by actions taken pursuant to the terms and provisions of the Ordinance. The Credit Facility issuer shall be included as a parry in interest and as a party entitled to notify [he Paying Agent or any trustee or the City to intervene in judicial proceedings that 3:+e •tLn n.} p +U/N PESOIUTgN~ 4O Fetrvp a twe S SSPn information shall explain, in narrative form, the reasons for any such amendment and the impact of the change on the type of operating data or financial information being provided. The provisions of Section 6.05 of this Ordinance shall not apply to amendments made to this Section. (E) REMEDY FOR BREACH. T"Ite covenants contained in this Section 5.04, as amended, relating to the City's continuing disclosure requirements shall be solely for the benefit of the holders and beneficial owners from time to time of [he Bonds. Holders and beneficial owners, to the extent permitted by law and equity, shall have the right, and shall be limited to the right, upon any breach of such covenant by [he City and to [he exclusion of any other remedy for that breach that otherwise would be available, to institute and maintain, or to cause to be instituted and maintained, proceedings at law or in equity to obtain the specific performance by the City of its obligations under such covenant. An individual holder or beneficial owner shall not be entitled to institute or maintain proceedings to challenge the sufficiency of any pertinent filing that is made. (F) NON-APPROPRIATION. The performance by the City of its obligations under this Section 5.04, relating to the City's continuing disclosure requirements shall be subject to the availability of funds and their annual appropriation to meet costs the City would be required to incur to perform such obligations. (G) TERMINATION. The obligations of the City under this Section 5.04, relating to the City's continuing disclosure requirements shall remain in effect only for such period that (1) such covenant is required by the Rule, (2) the Bonds are outstanding in accordance with their terms, and (3) the City remains an obligated person with respect to the Bonds within the meaning of the Rule. The obligation of the City to provide the Annual Information and notices of the events described above shall terminate, if and when the City no longer remains such an obligated person. (H) SEPARATE BOND REPORT NOT REQUIRED. Additionally, the requirements of [his Section 5.04 do not necessitate the preparation of any separate annual report addressing only the Bonds. These requirements may be met by the filin¢ of a combined bond report or the City's Comprehensive Annual Financial Report; provided, such report includes all of the required information and is available by May 1. Additionally, the City may incorporate any information provided in any prior filing with each NRMS)R or included in any final official statement of the City; provided, such final official statetttent is filed with the MSRB. ARTICLE V[ MISCELLANEOUS PROVISIONS SECTION 6.O1. SALE OF BONDS; DELEGATION OF AUTHORITY. The Bonds shall be issued and sold at public sale, private placernem, or negotiated sale at one time or in installments from time to time and at such price or prices consistent with the provisions of the Act and the laws of the State of Florida artd the requirements of this Ordinance. j;i/~iIID JD9 ~UiH YSIOIUTION, 39 ve.,o,. ,,. „cp,,,,,, (1) to each NRMSIR and to any SID, (i) annual financial information and operating data of the type described under [he cap[ion "Annual Information" below for each Fiscal Year ending on or after Sep[ember 30, 1996, not later titan the following May 1, and (ii) when and if available, audited financial statements for the City for each such Fiscal Year; and (2) to each NRMSIR or to the MSRB and to the SID, in a timely manner, notice of (i) any Specified Event if that Specified Even[ is material, (ii) the City's failure [o provide [he Annual Information on or prior to the date specified above, (iii) any change in the Fiscal Year, (iv) the City's failure to appropriate funds to meet costs to be incurred to provide the foregoing information, and (v) [he terminalion of the City's obliga[ions [o provide the foregoing information. The Ci[y expects that (a) annual financial statements of the City shall be prepared and audited, (b) any such audited statements shall be available together wi[h [he Annual Information, and (c) the accounting principles to be applied in the preparation of those financial statements shall be generally accepted accounting principles as recommended from time to time by the Governmental Accounting Standards Board. In the event that the audited annual general purpose financial statements of the City are not available by the date on which [he Annual Information shall be provided, the City will provide unaudited financial statements of the City by the date specified and audited financial statements when available. (B) ANNUAL INFORMATION. Annual Information to be provided by the City shall consist of: (a) the annual general purpose financial statements of the City; and (b) summary of revenue expenses and quantities of the System consistent with the presentation of such information in the Official Statement for the 1996 Bonds. (C) SPECIFIED EVENTS. Specified Events shall include the occurrence of the followine events, within the meaning of the Rule, with respect to the Bonds: principal and interest payment delinquencies; non-payment related defaults; unscheduled draws on debt service reserves reflecting financial difficulties; unscheduled draws on credit enhancements reflecting financial difficulties; substitution of credi[ or liquidity providers, or their failure to perform; adverse tax opinions or events affecting the tax-exempt starts of the Bonds; modifications to rights of holders of Bot-ds; Bond calls; defeasartces; release, substitution, or sale of property securing repayment of the Bottds; and rating changes. In furtherance of the foregoing, however, holders should undtrstand that the sale or other tratufer of real property subject to the Special Assessments is not included in the listed events. The City shall trot be required to undertake to track the sale or ocher trarufer of any such real property or make any no[ification in the event any such sale or other transfer may occur. (D) AMENDMENTS. The City reserves the right to amend this Section as may be necessary or appropriate to achieve its compliance with any applicable federal securi[ies law or rule, to cure any ambiguity, inconsistency or formal defect or omission, and to address any change in circumstances arising from a change in legal requirements, change in law, or change in the idzntity, nature, or status of the City, or type of business conduced by the City. Any such amendment shall be made otily in a manner consistent with the Rule and interpretations thereof by the SEC. Annual Information containing any amended operating data or financial however, that there will be no right to force any acceleration of payment with respect to [he Bonds without the consent of the Credit Facility Issuer. Any such Registered Owner or trustee may enforce and compel the performance of all duties re;uired by this Ordinance or by any applicable statutes to be performed either by the City or by any officer thereof, including the fixing, charging, and collecting of rates, fees or other charges for the services and Facilities of the System. The Registered Owners of not less than twenty-five percentum (25%) in aggregate principal amount of Bonds issued under this Ordinance then Outstanding or any Credit Facility Issuer while the Bonds secured by it are Outstanding may, by a duly executed certificate in writing, appoint a trustee for Registered Owners of Bonds issued pursuant [o this Ordinance with authority to represent such Registered Owners in any legal proceedings for the enforcement and protection of the rights of such Registered Owners. Such certificate shall be executed by such Registered Owners or their duly authorized attorneys or representatives or any Credit Facility issuer, and shall be filed in the office of the City Clerk and with the Mayor. Upon the occurrence and continuance of an Event of Default under [his Ordinance, the authorized trustee or the Registered Owtxts of twenty-five percentum (25 %) or more in aggregate principal amount of the Bonds then Outstanding may pursue any available right, remedy or power to enforce the payment of the Debt Service Requirement and the observance and performance of any other covenant, agreement or obligation under this Ordinance or any other instrument providing security, directly or indirectly, for the Bonds. No right, remedy or power conferred upon or reserved to the trustee or the Registered Owners under this Ordinance is intended to be exclusive of any other available right, remedy or power, but each right, remedy or power shall be cumulative and concurrent and shall be in addition to every ocher right, remedy or power available hereunder or existing at law, in equiry or by statute or otherwise. No exercise, beginning of [he exercise, or partial exercise by the trustee or the Registered Owners or the Credit Facility Issuer of any one or more rights, remedies or powers shall preclude the simultaneous or later exercise by the trustee or the Registered Owners or the Credit Facility Issuer of any other right, remedy or power. No delay or omission in the exercise of any right, remedy or power accruing upon any event of default under [his Ordinance shall impair that or any other right, remedy or power or shall be construed to constitute a waiver of such event of default under this Ordinance, but every right, remedy or power trtay be exercised from time to time and az often az may be deemed to be r-ecessary or desirable. For purposes of this Section 5.03, the foregoing provisions notwithstanding, with regard to defaults az to any Bonds az to which a Credit Facility is in effect, the Credit Facility Issuer shall, as long as it has no[ failed to comply with its payment obligations under the Credit Facility, be deemed to be the sole Registered Owttet of stuh Bonds. SECTION 5.04. CONTINUING DISCLOSURE. (A) PROVISION OF ANNUAL _ INFORMATION: AUDITED FINANCIAL STATEMENTS; AND NOTICES OF EVENTS. The City hereby covenants, in accordance with the provisions of the Rule, to provide or cause to be provided: r..nenie m~x.~urx.aemvria+. 37 r.e.~,.. :: ,+w.~.e„ The City covenants [hat it (a) will take or cause to be taken such actions which may be required of it for the interest on the Bonds to be and remain excluded from gross income for federal income tax purposes, and (b) will not take or permit to be taken any actions which would adversely affect that exclusion, and tha[ it, or persons acting for it, will, among other acts of compliance, (i) apply the proceeds of the Bonds to the governmental purpose of the borrowing, (ii) restrict the yield on investment property acquired with those proceeds, (iii) make timely rebate or penalty payments, if any, to the federal government, (iv) maintain proper books and records and make necessary calculations and reports, and (v) refrain from cettain uses of proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under the Code. The Mayor, the Vice-Mayor and other appropriate officers are hereby authorized and directed to take any and all actions, make rebate or penalty payments, and make or give reports and certifications, as may be appropriate to assure such exclusion of that interes[. (L) PAYMENT. The City will duly and punctually pay or cause to be paid from [he Pledged Revenues the principal of, premium, if any, and interest on the Bonds. SECTION 5.02. EVENTS OF DEFAULT. [t shall be an Event of Default under this Ordinance if the City shall: (1) fail to deposit wi.h the Paying Agent on or before each Interest Payment Date sufficient funds to pay the portion of the Debt Service Requirement becoming due and payable on such Interest Payment Date; (2) fail to comply in any material respect with any other covenant made in this Ordinance, if (a) such failure shall continue for more than thirty (30) days following written notice of such failure to the City or (b) the City shall not (within thirty (30) days of receipt of such notice) have initiated steps to cure such default and thereafter have proceeded diligently to cure such default; provided, however, that the Credit Facility Issuer may waive any such defect if compliance shall be determined to be impossible of performance; or (3) the City files a voluntary petition under the federal bankruptcy laws or any ocher applicable federal or state bankruptcy or insolvency law. In determining whether any Even[ of Default described in paragraph (1) above has occurred, no effect shall be given to any payments made pursuant to a Credit Facility. The City will provide or cattle to be provided immediate notice to the Credit Facility Issuer of any Event of Default described in paragraph (1) above and notice within thit (30) days of any other Even[ of Default. SECTION 5.03. REMEDIES. The Registered Owners of not less than twenty-five percentum (25~) in principal amount of Bonds issued under the provisions of this Ordinance, or any Credit Facility Issuer while the Bonds secured by it are Outstanding, or any truster acting for such Registered Owners in the manner hereinafter provided, may, either at law or in equi[y, by suit, action, mandamus, or other proceedings, in any court of competem jurisdiction, protect and enforce any and all rights, available under [he laws of the Stau of Florida; provided, as they relate to the users within (A) any class or (B) any particular area or areas located within and without the City. The foregoing provisions notwithstanding, the City shall set rates for customers of the System residing within the corporate limits of the City in accordance with any applicable provisions of law. Additionally, notwithstanding anything in this section to the contrary, the Ciry may contract separately for services of the System to be provided to the federal government and the federal government may be considered to be a separate class of user for purposes of this Section. (I) ENFORCEMENT OF COLLECTIONS. The City will diligently enforce and collect all fees, rentals, or other charges for the services and facilities of the System and all parts thereof. The Commission will establish written policies regarding the enforcement of collections of such fees, rentals, and other charges and will take all steps, actions and proceedings for the enforcement or collection of such fees, rentals or other charges to the full extent permitted or authorized by law, consistent with such reasonable policy. The City will, to the full extent permitted by law, establish written policies consistent with sound business judgment for the disconnection from the System of any customer who fails to pay for services rendered by the System, and shall enforce such policies diligently and fairly. (J) NO COMPETING FACILITIES; SEPARATE SYSTEMS. The City, to the extent permitted by law, will not grant any franchise, license, or permit, or cause or voluntarily agree to the granting of any franchise, license, or permit, for the construction or operation of any facilities which will be competitive with the services and facilities of the System; provided, however, that this subsection shall not affect the vested rights of any persons, firms, or corporations now owning or operating such facilities; further provided that this provision shall not be deemed to require the City to provide service from the System where to do so would be uneconomical. (K) TAX COMPLIANCE. The City covenants that it will restrict the use of the proceeds of the Bonds in such manner and to such extent, if any, as may be necessary so that the Bonds will not constitute arbitrage bonds under Section 148 of the Code. The Mayor or the Vice-Mayor, or any other officer having responsibility for the issuance of the Bonds of each Series shall give an appropriate certificate of the City for inclusion in [he transcript of proceedings for each Series, setting forth the reasonable expectations of the City regarding the amount and use of all the proceeds of the Bonds of such Series, the facts, circumstances and estimates on which they ate based, and other facts and circumstances relevant to the tax treatment of interest on such Series. Each such officer is further authorized to make or effect any election, selection, choice, consent, approval, or waiver on behalf of the City with respect to [he Bonds as the City is permitted or required to ttrake or give under the federal income tax laws, for the purposes of assuring, enhancing or protecting favorable tax treatment or characterization of the Bonds or interest thereon or assisting compliance with requirements for that purpose, reducing the burden or ezpettse of such compliance, reducing the rebate amount or payments of penalties thereon, or making payments in lieu thereof, or obviating such amounts or payments, as determined by such officer. Any such action of such officer shall be in writing and sieved by the officer. c:e.,n:e :c) a ,ice ~ts~xi4ion. 35 Additional Parity Bonds ("Completion Bonds") may be issued without satisfying the foregoing Additional Parity Bonds financial tests in (1) or (2) above for completion of any Project, provided that such Completion Bonds may be issued only in a principal amount not greater than fifteen percent (IS%) of the principal amount of Bonds initially issued to fund the applicable Project, or may be issued without regard to the fifteen percent (I5~) limitation upon the approval of the Credit Facility Issuer and delivery to the City of a certificate of an Independent Consultant stating that the proceeds of such Completion Bottds will be sufficient to complete the acquisition, construction and installation of such Project substan[ially in accordance wi[h [he plans and specifica[ions [herefor in effect a[ the time of issuance of the Bonds originally issued for such Project. Additional Parity Bonds payable from [he Pledged Revenues may be issued by [he City for Refunding purposes without satisfying the foregoing financial tests in (l) or (2) above, provided that, as a result of such Refunding, the Maximum Debt Service Requirement is not increased. Additional Parity Bonds may be issued in the form of Variable Rate Bonds only upon the prior written consent of the Credit Facility Issuer. No Additional Parity Bonds for the purpox of constructing additions, extensions or improvements to the System, including Project Costs, shall be issued at any time, however, unless (a) all of the payments into the respective funds and accounts provided for in this Ordinance, shall have been made in full to the date of issuance of such Additional Parity Bonds, (b) no Event of Default as described in Section 5.02 hereof shall have occurred and be continuing, and (c) the City shall be in substantial compliance with [he covenants, agreements and terms of this Ordinance. Each ordinance or resolution authorizing the issuance of Additional Parity Bonds shall recite that all of the covenants herein contained will be applicable to such Additional Parity Bonds. (Hi SERVICES RENDERED TO THE CITY; NO PREFERENTIAL RATES. The City will nei[her render nor caux to be rendered any free xrvices of any nature by the System, or any part thereof, nor will any preferential rates be established for uxrs of the same class: in the event the City, or any department, agency, or instrumentality, or any officer or employee thereof, shall avail itself of the Facilities or xrvices provided by the System, or any part thereof, the same [aces, fees, or charges applicable to other customers receiving tike xrvices under similar circumstantxs shall be charged to the City and to any such department, agency, instrumentality, officer, or employee. Such charges shall be paid as they accrue, and the City shall transfer from its general funds sufficient sums to pay such charges. The moneys so received shall be deemed to be Gross Revenues derived from the operation of the System, and shall be deposited and accounted for in the same mamrer as other Gross Revenues derived from the operation of the System. The foregoing paragraph shall cwt require the City to have the same rates for (a) different classes of users or (b) for uxrs of the xrvices and Facilities of the System residing or located within different geographical areas, and the City may have different rates for (i) differen[ clasxs of users or (ii) for uxrs of the services and Facilities of the System located within and without the boundaries of the City, as long as such rates comply with the foregoin¢ paragraph, insofar ,:., ,,~ ~,~~ o ,,;,,, QE,o,,,,,o,,. 34 F,lrur3 :I IPN 5 S1pn (2) (a) The Adjusted Ne[ Revenues for the Computation Period shall have at least equalled: (i) one hundred five percent (105%) of the Maximum Debt Service Requirement on all Bonds to be Outstanding as of the date of such issuance, and (ii) one hundred percent (100%) of the amounts, if any, required to be deposited in the Reserve Account during such Computation Period (less any portion thereof which is to be deposited from proceeds of Bonds) together with any amount of Reserve Accoun[ Credit Facility Costs payable in such Computation Period, and (iii) one hundred percent (100~k) of the amounts required to be deposited in the Renewal and Replacemen[ Fund during such Computation Period; AND (b) The sum of the Adjusted Net Revenues, the Special Assessments, and Capital Facili[ies Charges for the Computation Period shall have at least equalled: (i) one hundred ten percent (110%) of the Maximum Debt Service Requirement on all Bonds to be Outstanding as of the date of such issuance, and (ii) one hundred percent (100%) of the amounts, if any, required to be deposited in the Reserve Account during such Computation Period (less any portion thereof which is to be deposited from proceeds of Bonds) [ogether with any amount of Reserve Account Credit Facility Costs payable in such Computation Period, and (iii) one hundred percent (100%) of the amounts required to be deposited in the Renewal and Replacement Fund during such Computation Period. In addition to meeting either (1) or (2) above, the Additional Parity Bonds may not be issued unless Adjusted Net Revenues for the Computation Period, excluding any trattsfers from the Rate Stabilization Fund, shall have equalled at least otte hundred percent (100%) of Adjusted Maximum Debt Service Requirement (as hereinafter defined) on all Bonds to be Outstanding on the date of issuance. For purposes of the foregoing, "Adjusted Maximum Debt Service Requirement" shall be calculated in the same manner as Maximum Debt Service Requirement, however, the annual amount of Special Assessments to be collected and applied in each Bond Year [o [he payment of the principal of and interest on Bonds [o be Outstanding on the date of issuance of [he proposed Additional Parity Bonds shall be subtracted from the Debt Service Requirement for such Bond Year. C+e+*::e a•aa •CTH Rf.10L1R10N, 33 ~.~~.. ~~ ~~<<~ (d) If the City shall have en[ered in[o a contrac[, which contrac[ shall be for a duration of not less than five years, with any public body whereby the City shall have agreed to furnish services for the collection, [reatment or disposal of sewage or agreed to furnish services in coturection with any water system or other utility system, then the Net Revenues during the Computation Period shall be increased (to the extent such amounts were not reflected in such Net Revenues) by the minimum amount which such public body shall guarantce, under a legally enforceable agreement with the City, to pay in any Fiscal Yeaz for the furnishing of such services by the City, after deducting from such payment the estimated additional Operating Expertses attributable in such Fiscal Year to such services. (e) The Net Revenues shalt be increased (to the extent the following amounts are not otherwise reflected in Net Revenues) by seventy-five percent (75~) of the amount of additional Net Revenues which would have been received during the Computation Period from any existing occupied stntctures which are to be connected to the System within the following eighteen (1S) months of the issuance of the Applicable Bonds. (2) "Computation Period" means either (i) any twelve (12) consecutive calendar months of the eighteen (I8) compteu calendar months or (ii) the most recent complete Fiscal Year for which the audit is completed, in either case, immediauly preceding the month of issuance of Additional Parity Bonds. Additional Parity Bonds may be issued by the City for the purposes of financing the construction and acquisition of additions, exunsiotts and improvements to the System, including Project Costs, only if the requirements of either (1) or (2) below have been met (as evidenced by the certificate of an Independent Consultant or Independent Certified Public Accountant). (1) The Adjusted Net Revenues for the Computation Period, hereinafter Befitted, shall have at least equalled: (a) one hundred un percent (1100 of the Maximum I1eb[ Service Requirement on all Bonds to be Outstanding as of the dau of such issuance, and (b) one hundred five percem (100%) of the unounts, if any, required to be deposited in the Reserve Account during such Computation Period (less any portion thetmf which is to be deposited from proceeds of Bonds) together with any amounts of Reserve Accoun[ Credit Facility Costs payable in such Computation Period, and (c) one hundred percent (1000 of the amounts required to be deposited in the Renewal and Replacement Fund during such Computation Period; l:weTUe mva-sure-arso~urgn ~ 32 ~.~r. ,~ ~..., , ~,,, payable from and secured by the Pledged Revenues on a parity wi[h the Bonds. Any other obligations issued by the City, in addi[ion [o the Bonds authorized by this Ordinance or Additional Parity Bottds provided for in Section 5.01(G) below, shall contain an express statement that such obligations are junior, inferior, and subordinate in all respects to the Bonds issued pursuant to this Ordinance and any such Additional Parity Bonds as [o lien on and source and security for payment from the Pledged Revenues, and in all other respects. (G) ISSUANCE OF ADDITIONAL PARITY BONDS. No Additional Parity Bonds shall be issued after [he issuance of the 1996 Bonds, except upon the following terms and conditions: For putposes of this Section 5.01(G): (1) the [erm "Adjusted Net Revenues" shall mean the Net Revenues, certified by the Indepetdent Certified Public Accountant, giving effect to the following adjustments, (provided each such adjustment shall be certified by an Independent Consultant or Independent Certified Public Accountant in a certifica[e or report which shall set forth the assumptions upon which it is based and shall state that such assumptions, in the opinion of the Independent Consultant or Independent Certified Public Accountant, as the case may be, form a reasonable basis for [he conclusions expressed therein). (a) If the City, prior to [he issuance of [he proposed Series of Bonds, as applicable (the "Applicable Bonds"), shall have adopted or put into effect an increase in the rates, fees, rentals or other charges for the services of the System, then Net Revenues shall be adjusted to include the additional Net Revenues which would have been received during the Computation Period if such increased rates, fees, rentals or other charges had been in effect during all of such period. (b) If the number of connections as of the first day of the month preceding the month in which the proposed Applicable Bonds are to be issued exceeds the average number of such comtections during the most recent full Fiscal Year, [hen the Net Revenues shalt be adjusted to include the Net Revenues which would have been received during the Computation Period if those additional connections had also been connec[ed to the System during all of such period. (c) If the City shall acquire by the issuance of the Applicable Bonds any privately or publicly owtted existing water system, wastewater system or water and wastewater system, the cost of which shall be paid from all or part of the proceeds of the issuance of the proposed Applicable Bonds, [hen the Net Revenues during the Computation Period shall be increased by adding to the Net Revenues during the Computation Period the additional Net Revenues (to the extent such amounts were not reflected in such Net Reventes) which, on the basis of operating data pertaining to the acquired system during dte Computation Periods, would have been derived from such existing water system, wastewater system, or other u[ility system as if such existing water system, wastewater system or other utility system had been operated by the City as a part of the System during the Computation Period. ~::,,,~:.,,,,,.,~~.~,aE,~«,a,.. 31 ~M,,,, n ~,,,,,, proceeds no[ needed for such purpose may be used by the City for any purpose permitted by law. (2) The foregoing provision notwithstanding, [he City shall have and hereby reserves the right to sell, lease or otherwise dispose of any of the property comprising a part of the System which may hereafter be de[ermitted in the manner provided herein to be no longer necessary, useful, or profitable in the operation [hereof. Prior to any such sale, lease, or other disposition of said property pursuant to this paragraph (2) the duly authorized officer in charge of the System shall make a finding in writing determining that such property comprising a part of [he System is no longer necessary, useful, or profitable in the operation thereof. If (a) the amount to be received as a result of such sale or other disposition is in excess of $25,000, such finding shall be approved by resolution of the Commission; and, if (b) the amount to be received as a result of such sale or other disposition is in excess of $250,000, such finding shall be approved by the Independent Consultant and by resolution of the Commission, and written notice thereof shall be provided to the Credit Facility Issuer; and if (c) the amount to be received in the aggregate as a result of all such sales or other dispositions over an 18-momh period is in excess of $1,000,000, such finding shall additionally be subject to the approval of the Credit Facility Issuer. Any proceeds of such sale or other disposition shall (1) be deposited in the Renewal and Replacement Fund created by this Ordinance and used only as provided herein for moneys on deposit in such fund or (2) shall be used to purchase or redeem Bonds. Payment of such proceeds into the Rene~.val and Replacement Fund shall not reduce the amounts required to be paid into such fund by other provisions of this Ordinance. (3) Additionally, notwithstanding the foregoing, the City may sell or otherwise dispose of a portion of the System or any of the System's operating components if (a) the City determines that the operating integrity of the System wilt not be materially adversely affected and the City will be able to comply with the rate covenant set forth in Section S.OI(A) hereof, (b) such findings are approved by the Independent Consultant, acrd (c) such sale or disposal would not, in the opinion of Bond Counsel, affect the exclusion from gross income of interest on the Bonds. (4) The foregoing provision notwithstanding, the City shall have atd hereby reserves the right to sell, lease, or transfer operating control of, or otherwise dispose of, the property comprising the System as a whole to any public board or body, whether created by the City or created pursuant to the laws of the State, for the purpose of owning atd operating the System, whether irdependem of or together with any other utility systems of the City. Any such tntufer shall be expressly made subject to the rights of the Registered Owners of any Bonds issued hereunder and then Outstanding, and in particular subject to the lien upon the Pledged Revenues of the Bonds. (F) ISSUANCE OF OTHER OBLIGATIONS PAYABLE OUT OF REVENUES. The City will not issue any other obligations, anti will not voluntarily create or cause to be created, any debt, lien, pledge, assignment, encumbrance or any other charge, having priority over the Bonds as to lien upon and security for payment from the Pledged Revenues. The City may issue Additional Parity Bonds, in the manner and subject to the conditions hereinafter provided, CISAtU^. BUJ QdUTHYE50ElRION, JO fAUV,a 1Vµ )!Spe, (C) INSURANCE. The City will carry such insurance as is customarily carried by Ci[y governments owning and operating facili[ies similar to the Facilities of the System with a reputable insurance carrier or carriers, including liability insurance, for which the City may upon appropriate authorization by the Commission be aself-insurer on a sound actuarial basis, and insurance against loss or damage by fire, explosion, hurricane, earthquake, cyclone, occupancy or other hazards and risks, and said property loss or damage insurance shall at all times be in an amount or amounts equal to the full insurable value of [he buildings, propetties, furniture, fixtures and equipment of the System. Any such insurance shall be carried for the benefit of the City and, to the extent herein provided, the Registered Owners and/or Credit Facility Issuer. (D) ANNUAL BUDGET; BOOKS AND RECORDS; AUDIT. The City shall prepare and adopt an initial budget in connec[ion with the System and thereafter on or prior to the beginning of each Fiscal Year, shall prepare and adopt a detailed budget of the es[imated revenues and expenditures for the System during its current or such next succeeding Fiscal Year, as applicable, and shall provide any Rating Agency and Credit Facility Issuer with a copy thereof at the earliest practicable date. No expenditure for the System shall be made in any Fiscal Year in excess of the amount provided therefor in such budget, as revised pursuant to law. The City will keep books and records of the System, which shall be separate and apart from all other books, records and accounts of the Ciry, and in which complete and correct entries shall be made, in accordance with Accounting Principles, of all transactions relating to the System. Any Rating Agency, Credit Facility Issuer, and any Registered Owner of Bonds issued pursuant to this Ordinance shall have the right at all reasonable times to inspect [he System and all pans thereof, and all records, accounts and data of the City relating thereto. The City shall, within one hundred eighty (180) days after the close of each Fiscal Year (or such other date as shall be specified by law), cause the books, records and accounts of the City for such preceding Fiscal Year to be properly audited by the Independent Certified Public Accountants and a report thereon prepared and delivered to the City, and the City shall make available at City Hall, and shall mail to each Rating Agency and Credit Facility Issuer and, upon written request, to any Registered Owner of Bonds issued pursuant to this Ordinance, said report, or a reasonable summary thereof. (E) SALE OF THE SYSTEM. The following provisions shall govern the disposition of any Facilities or the System as a whole: (1) The System may be sold, mortgaged, leased or otherwise disposed of as a whole or substantially as a whole, only if the net proceeds to be realized from such transaction shall be sufficiem fully to retire all of the Bonds atd all other obligations Outstanding pursuant to the provisions of this Ordinance which have a lien on the Pledged Revenues. The proceeds from such sale, mortgage, lease or other disposition of the System pursuam to [his paragraph (1) shall be used only for the purpose of providing for the payment of the principal of and interest on the Bonds and other obligations Outstanding pursuant to the provisions of this Ordinance as the same shall become due, or for the redemption of callable Bonds; provided, however, [hat any excess of such )::d Ail I! Inf R ,,L4N-RESOLUTN7H ~ ~~ R4,vl :I I Wf ! !!pw (l00%) of the required deposits in[o (i) the Reserve Account (less any portion thereof to be deposited from proceeds of Bonds) together wi[h any amounts of Reserve Accoun[ Credit Facility Costs payable in such Fiscal Year, and (ti) the Renewal and Replacement Fund in such Fiscal Year. OR (2) (a) Net Revenues equal to (i) one hundred five percent (105%) of the Debt Service Requirement on the Bonds for such Fiscal Year. and (ii) one hundred percent (l00%) of the required deposits into (A) the Reserve Account (less any portion thereof to be deposited from proceeds of Bonds) together wi[h any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, and (B) the Renewal and Replacement Fund in such Fiscal Year; AND (b) Net Revenues, Special Assessments and Capital Facilities Charges available in such Fiscal Year, equal to (i) one hundred ten percen[ (110%) of the Debt Service Requirement on the Bonds for such Fiscal Year, and (ii) one hundred percent (100%) of the required deposits into (A) the Reserve Account (less any portion thereof to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, and (B) the Renewal and Replacement Fund in such Fiscal Year. The City further covenants that, from time to time and as often as shall be necessary, it will revise rates, fees and charges of the System or the Operating Expenses and methods of operations of the System as may be necessary so [hat Net Revenues in each Fiscal Year will, subjec[ [o applicable requirements and restrictions imposed by law, not be less than the amount required for such Fiscal Year (1) under this Section 5.01(A) and (2) to make all deposits and payments required by the provisions of Section 3.03(C) hereof. The Ci[y further covenants and agrees [hat it will annually, within thirty (30) days after adoption of the annual budget, revise i[s rates, fees and chazges to the extent necessary to cause the estimated Net Revenues during the Fiscal Year [o which such budget pertains to be not less than the amount of Net Revenues (1) required by this Section 5.01(A) and (2) needed to [Hake the deposits and payments required by Section 3.03(C) hereof. (B) OPERATION AND MAINTENANCE. The City will maintain the System and all parts thereof in good condition, and will operate the same in an efficient and economical manner, making such expettditures for equipment and for renewal, repair and replacement as may be proper for the economical operation and maintenance thereof and, subject to the provisions of this OrdinazKe, will continuottsly operate the System as a revenue producing enterprise of the City until all of the Bonds and the interes[ thereon, are finally paid artd retired, or until the Bonds have been defeased in accordance with the provisions of Section 6.04 hereof and all amounts due and owing to any Credit Facility Issuer shall have been paid. Nothing in this paragraph shall prevent the Ciry from en[ering into one or more management contracts for all or a portion of the operation of the System. 1.16A it ln„~: R \,'}~I AE$OLI'TIUV • ?Q (\!~ry,} `I :vap 1!!Rn Project Account shall be made only after such expenditures or disbursements shall have been approved by the City. All funds on deposit in the 1996 Project Account, which in the opinion of [he City, are not immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized Investments, maturing at such time or times as such moneys will be needed for the purposes of the 1996 Project Account. All income derived from such investments shall be retained in the 1996 Project Account and used to pay 1996 Project Costs, unless otherwise required by the terms of the tax compliance certificate delivered in connection with the 1996 Bonds. If, for any reason, the moneys on deposit in the 1996 Project Accoun!, or any part thereof, are not necessary for or are not applied to the payment of applicable 1996 Project Costs, then, upon receipt of an opinion of Bond Counsel to the effect that such deposit and application shall no[ adversely affect the exclusion from gross income for federal income tax purposes of interest on the 1996 Bonds, the unapplied proceeds shall be applied and deposited by the City (1) first, into the Sinking Fund to the extent of any deficiency therein, (2) second, into the Reserve Account to the extent of any deficiency therein, (3) third into the Renewal and Replacement Fund, (4) fourth, to pay the cost of any additional Facilities which the City shall have detettnirted to be useful in connection with the System, and (5) fifth to redeem or purchase Bonds. ARTICLE V COVENANTS OF THE CITY; REMEDIES SECTION 5.01. COVENANTS OF THE CITY. So long as any of the principal of, premium, if any, or interest on any of the Bonds shall be outstanding and unpaid, or until there shall have been set apart in the Sinking Fund and the accounts therein, a sum sufficient to pay, when due, or to redeem prior to maturity, the entire principal amount of the Bonds remaining unpaid, together with the premium, if any, and the interest accrued and to accrue thereon, and all amounts due and owing to any Credit Facility Issuer, or until all Bonds have been defeased in accordance with Section 6.04 hereof, the City covenanu with the Registered Owners of any and all of the Bonds issued pursuant to this Ordinance and with any Credit Facility Issuer as follows: (A) RATE COVENANT. The City will fix, establish attd maintain such rates and collect such fees, rentals, or other charges for the services and Facilities of the System, and will revise the same from time to time whenever necessary, so as to provide Net Revenues in each Fiscal Year commencing with the Fiscal Year beginning October 1, 1996, equal to [he amounts set forth in either (1) or (2) below. (l) Net Revenues equal to (a) one hundred ten percent (110%) of the Debt Service Requirement on the Bonds for such Fiscal Year, and (b) one hundred percent ~:ie .ri ie ~~~+a nv*N-acw~unon' 2~ 1n..v, :~ ~+.,!!b.. respect to which such moneys were deposited, subject however to the provisions of [he next paragraph. (1) UNCLAIMED MONEYS. Any moneys deposited into the Sinking Fund, including the Bond Amortization Account(s) therein, for the payment of principal of, premium, if any, and interest on the Bonds and remaining unclaimed for a period of one (1) year from the date on which such moneys were due to pay maturing principal of, premium, if any, or interest on such Bonds may be withdrawn by the City and used for any lawful purpose; provided that (1) such withdrawal shall not give rise to any claim for additional interest due on such Bonds on account of payment [hereof not having been duly provided for under the terms of this Ordinance; and (2) such withdrawal shall not affect the right, to the extent existing under [he provisions of this Ordinance or of the laws of the State, of the Registered Owner of such Bonds to payment of [he principal and interest thereon to the Interest Payment Dace with respect to which such moneys were originally deposited. ARTICLE IV APPLICATION OF 1996 BOND PROCEEDS; 1996 PROJECT ACCOUNT SECTION 4.01. APPLICATION OF 1996 BOND PROCEEDS. P.II moneys received from the sale of any or all of the 1996 Bonds shall be disbursed as follows: (A) Accrued and capitalized interest shall be deposited into the Sinking Fund and applied to the interest coming due on the 1996 Bonds on the applicable Interest Payment Dates. (B) An amount required to pay all outstanding pritcipal of and interest on the Refunded Obligation will be paid to Barnett Bank of Jacksonville, N.A., to retire the Refunded Obligation. (C) An amount equal to the Reserve Account Requirement shall be deposited into the Reserve Account, provided that this requirement may be sa[isfied in whole or in part by the establishment of a Reserve Account Credit Facility for the purpose of such Reserve Account. (D) An amount necessary to pay the Issuance Expenses with respect to the 1996 Bonds wil! be deposited into a cost of issuance account in the 1996 Project Account or will be paid at closing from the proceeds of the 1996 Bonds. (E) The balattce of such proceeds of the sale of the 1996 Bonds shall be deposited into the 1996 Project Account to be used to pay Project Costs. SECTION 4.02. 1996 PROJECT ACCOUNT. The moneys on deposit in [he 1996 Project Account shall be withdrawn, used and applied by the City solely for [he payment of 1996 Projec[ Costs and purposes incidental thereto. All expenditures or disbursements from the 1996 ~~u.nie,nza.~un~acsoivrio.. 26 rn.v,~~ .we.~y,. (H) INVESTMENT OF MONEYS IN FUNDS AND ACCOUNTS. All moneys on deposit in the funds and accounts created hereunder may be invested and reinvested only in Authorized Investments; provided, however, that such investments shall mature not later than the respective dates when such moneys will be required for the purposes of such funds and accounts; and provided that a[ no time shall any moneys constituting gross proceeds of Bonds be used in any manner to cause or result in a Prohibited Payment under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. Investment Earnings related to any Capital Facilities Charges shall be held and applied for the same purposes [o which such Capital Facilities Charges are restricted by the terms of this Ordinance or any ordinance or resolution adopted in connection with the issuance of any applicable Series or installment of Bonds. Moneys in the Sinking Fund, other than the Reserve Account therein, may be invested in Authorized Investments maturing not later than the respective dates that such moneys will be needed for the payment of interest and principal (includin¢ Amortization Installments) on Bonds, and Investment Earnings thereon shall be deposited into the Revenue Fund. In the case of the Reserve Account, investments shall mature not later than ten (10) years from the date of investment, and Investment Earnings thereon shall be retained in such account to the extent necessary to maintain the Reserve Account Requirement therein, and, otherwise, shall be deposited into the Revenue Fund. Moneys on deposit in the Renewal and Replacement Fund may be invested in Authorized Investments maturing not later than the time that such moneys will be needed for the purposes of such fund, and Investment Eattrings thereon shall be retained in such fund to the extent necessary to maintain the Renewal and Replacement Fund Requirement therein and, otherwise, shall be deposited into the Revenue Fund. Moneys on deposit in the Rate Stabilization Fund may be invested in Authorized Investments maturing not later than the date that such moneys will be needed, and Investment Earnings thereon shall be deposited into the Revenue Fund upon receipt. Moneys on deposit in the Rebate Fund may be held uninvested or may be invested in Authorized Investments. Any Investment Earnings thereon shall be retained in the Rebate Fund to the extent needed to make required rebate payments and, otherwise, shall be deposited into the Revenue Fund. (1) PAYMENT ACCOUNTS. On or prior to each Interest Payment Date when Debt Service is due on any Bonds, fins for the payment of the Debt Service then due shall be transferred from the accounts in the Sinking Fund and deposited with the Paying Agent who shall deposit the same in a paymem account upon which Debt Service payment checks shall be drawn and other payments of Debt Service shall be made. Such payment account shall be _ established in the name of the City and moneys in any such payment account may be invested at the direction of the City in Authorized Investments. Such payment account shall be held in trust solely for the benefit of [he persons entitled to receive payment of the Debt Service with !::! , Il:^. ~ f P nl III Pf10LUT10N 1 2S fmrly, ]I. IWf 5 SSpe accounts therein when [he Pledged Revenues are insufficient therefor. Thereafter, Special Assessments may be used to pay the cost of Expansion Facilities or for other lawful purposes of the System. (7) REBATE FUND. Moneys on deposit in the Rebate Fund may be used only for the purpose of making any payments required to be made to the Department of the Treasury of the United States pursuant to the provisions of Sections 103 and 141-148 of the Code. Any excess amount in the Rebate Fund not needed or required to be paid [o [he Department of the Treasury of the United States may be withdrawn and applied for any lawful purpose. (G) RESERVE ACCOUNT. Upon [he issuance of Bonds, cash or Authorized [nves[ments shall be deposited in[o the Reserve Account or a Reserve Account Credit Facility shall be purchased from the proceeds of such Bonds, or from other moneys of the City available therefor, in order to make [he Reserve Account Value at the time of issuance thereof equal to the Reserve Account Requiremen[; provided, that the City may establish separate reserve accounts for different series of Bonds. No[withstanding the fore¢oing, the Ciry a[ any time may substitute a Reserve Accoun[ Credit Facility for all or any pottion of the cash and Authorized Investments on deposit in the Reserve Account, subject only to such conditions and approvals as may be imposed by the Credit Facility Issuer providing such Reserve Account Credit Facility or by any Credit Facility Issuer having a Credit Facility or Reserve Account Credit Facility in effect as to any Bonds. Cash on deposit in the Reserve Account shall be used (or Authorized Investments purchased with such cash shall be liquidated and the proceeds applied as required) prior to any drawing on any Reserve Account Credit Facility. If and to the extent that more than one Reserve Account Credit Facility is deposited in the Reserve Account, drawings thereunder and repayments of costs associated therewith shall be made on a pro-rata basis, calculated by reference to the maximum amounts available thereunder. The Authorized Investments on deposit in the Reserve Account shall be valued as of the las[ day of the Fiscal Year at the lesser o' (I) their cost or (2) their fair market value, exclusive of accrued interest. Any Reserve Account Credi[ Facilities shall be valued at the amount of the Reserve Account Credit Facility Coverage. [f and whenever the Reserve Account Value (excluding Investment Earnings to be deposited in[o the Sinking Fund or Revenue Fund as hereinafter provided in Section 3.03(H)) exceeds the Reserve Account Requirement on all then Outstanding Bonds, such excess may be withdrawn and applied, first, to pay any Reserve Accoun[ Credit Facility Costs and thereafter applied and allocated into the Renewal and Replacement Fund, or, if an amount equal to the Renewal and Replacement Fund Requirement is then on deposit in the Renewal and Replacement Fund, then into the Revenue Fund. Deficiencies in [he Reserve Accoun[ Value resulting from a draw upon the Reserve Accoun[ or a decline in market value of the Authorized Investments therein shall be restored in equal installments over a period of not more than twelve (12) months from the date of valuation, draw, or wi[hdrawal; provided that no restoration shall be required due to a decline of less than fifteen percent (159) in the market value of such Authorized Investments. 1:A nrL:e w?PU'iN CEYItIRgN~ ~Y fAmry=~ :vc!)_~ (b) Bond Amortization Account. Moneys held for the credit of the Bond Amortzation Account shall be applied [o [he retirement of Tetra Bonds of each Series or irutallment of Bonds, to the extent of the Amortization Installment, if any, for such Bond Year for the Term Bonds of each such Series or installment then Outstanding, and if the amount available in such Bond Year shall not be sufficient therefor, then in proportion to [he Amortization Installment, if any, for such Bond Year for the Term Bonds of each such Series or installment then Outstandine. No[withstanding the provisions of the precedin¢ paragraph, the City may purchase Term Bonds then Outstanding at the most advanta¢eous price ob[ainable with reasonable diligence, such price not to exceed the principal amount of such Term Bonds. No such purchase shalt be made by the City within the period of forty-five (45) days immedia[ely preceding any Interest Payment Date on which Term Bonds are subjec[ to call for redemption, except from moneys in excess of the amounts set aside or deposited for the redemption of Tenn Bonds on such date. (c) Reserve Account. Moneys in the Reserve Account shall be used only for the purpose of the payment of interest on or principal (including Maturity Amounts and Amortization Installments) of the Bonds when the other moneys allocated to the Sinking Fund are insufficient therefor, and for no other purpose. (3) RENEWAL AND REPLACEMENT FUND. The moneys in the Renewal and Replacement Fund shall be used only for the purpose of paying (a) the cost of extensions, enlargements or additions to, or the renewal or replacemen[ of Facilities of, the System, including extraordinary repairs and any Project Costs; (b) making emereency repairs to the Facilities of the System; or (c) the principal of and interest on the Bonds, when due, if the moneys on deposit in the Sinking Fund and accounts therein are ever insufficient therefor, provided that any amounts so withdrawn must be restored from moneys available for use as provided in Section 3.03(C)(9). (4) RATE STABILIZATION FUND. Moneys on deposit in the Rate Stabilization Fund tray be used only for redeposit into the Revenue Fund. Moneys redeposited into the Revetute Fund shall be included in Gross Revenues for the purposes of calculating Net Reventes hereunder for the Fiscal Year in which the redeposit occurs, except as provided in Section 5.01(G) hereof. (5) CAPITAL FACILITIES CHARGES FUND. Moneys on deposit in the Capital Facilities Charges Fund shall be used first for the purpose of supplementing the Gross Revenues and [nvestmem Eartrings to the extent necessary to make the required deposits into the Sinking Fund and accounts therein when the Gross Revenues and Investment Earnings are insufficient therefor. Tbereafter, Capital Facilities Charges may be used to pay the cost of Expansion Facilities or for other lawful purposes of the System. (6) SPECIAL ASSESSMENT FUND. Moneys on deposit in the Special Assessment Fund shall be rued first for the purpose of supplementing the Pled¢ed Revenues to the extent necessary to make the required deposits in[o the Sinking Fund and }::bAit'.e nOp {fiH PESOt Vr10N, 23 {{4~W, !; iWp!!x. (9) remaining moneys may be used by the City for any lawful purpose, including deposits to the Rebate Fund; provided that no moneys may be withdrawn and used by the City other than for deposits into the Rebate Fund at any time when there are outstanding, unpaid obligations due and owing to a Credit Facility Issuer pursuant to any Credit Facility or Reserve Account Credit Facility. The foregoing provisions notwithstanding, no further deposits shall be required to be made into the foregoing funds and accounts whenever (l) there shall be on deposit in the Sinking Fund, including the Reserve Account and the Bond Amonization Accounts [herein. an amount of money and Authorized Investments equal to all principal and interest due on the Bonds to the final maturity thereof, and (2) all amounts due and owing to any Credit Facility Issuer shall have been paid. Credit shall be allowed against the required deposit amounts due as prescribed above for the payment of principal of and interest and Amortization Installment on Bonds to the extern of any other funds on deposit and available for such purpose in the applicable accounts of the Sinking Fund, including, but not limited to, moneys derived from (i) Capital Facilities Charges, (ii) Special Assessments; (iii) capitalited interest, and (iv) any Investment Earnings transferred into such fund or account and available for such purposes. (D) APPLICATION OF CAPITAL FACILITIES CHARGES. All Water System Capital Facilities Charges shall be deposited upon receipt into the Water System Capital Facilities Charges Account, and all Wastewater System Capital Facilities Charges shall be deposited upon receipt into the Wastewater System Capital Facilities Charges Account. (E) APPLICATION OF SPECIAL ASSESSMEN'1°S. All Special Assessments shall, immediately upon receipt thereof, be deposited by the City into the Special Assessment Fund. (F) USE OF MONEYS ON DEPOSIT IN FUNDS AND ACCOUNTS. The moneys on deposit in the funds and accounts herein established shall be only used in the following manner and for the following purposes: (1) REVENUE FUND. Moneys on deposit in the Revenue Fund shall be used only to make the required payments and deposits as provided in Section 3.03(C)(1) through (8), inclusive, hereof artd, thereafter, may be applied as provided in Section 3.03(C)(9) hereof, or tray be retained in the Revenue Fund. (2) SINKING FUND. (a) Current Debt ServiceAccoteru. Moneysondeposit in the Current Debt Service Account in the Sinking Fund shall be used only to pay the principal of (including Maturity Amounts) and interest on the Bonds as the same matures and becomes due. )!r6~TL 11 N3 R•u"T11.aEwluran~ ~7 rru. :~ i+n!sy~. APPLICATION OF GROSS REVENUES. All Gross Revenues shall, de sited by the City into the Revenue Fund. Moneys on (C) i~nediately upon receipt thereof, be po deposit in the Revenue Fund shall be applied In each month, subjec ioo c r~rovided ethat with provided hereinbelow, only in the following manner and order of p Y~ P a men[ period for any Series of Bonds that is other thane nnu[ l of all amounts respect to any p Y rovide for equal morthly Po the required deposits shall be such as to P uirement of such Series: required to meet the annual Debt Service Req a O rating Expenses; 111 moneys shall first be used to p Y Pc (2) moneys shall next be used for deposit into the Sinking Fund in the following priority: (a) into the Current Debt Service ACCO dueton the Cuaentsinterest necessary to pay one-sixth (1/6) of the interest becoming Paying Bonds on the next Interest Payment Dace: (b) into the Current Debt Service Accounon Current merest Pay'mg necessary to pay one-twelfth (1/12) of the principal maturing Serial Bonds on the next Principal Maturity Date: (c) into the Current Debt Service Account on a parity with the payments provided in subparagraph (b) above, in such amounts~a;a[ on Bonds maturing o~-twelfth (1/12) of the Matunty Amount of any Capital APP on the next Principal Maturity Date: and (d) into the Bold AmoRization Account, on a parity with the Payments provided in subparagraphs (b) ~ (c) above, in such amounts as are necessary to Pay one-twelfth (1112) of the pmotttzation Ittstallmem for Tetra Bonds which shall become due and payable on the next Prtttetpal Maturity Date: (3) moneys shall next be used to cure any deficiency for prior deposits into the Sinking Fuld: (q) moneys shall next be used to maintain in the Reserve Account a Reserve Account Value in an amount egttal to the Reserve Account Requirement: (5) moreys shall next be deposited into the Renewal and Replacement Eund in an amount equal to oae twelfth (l 112) of the Budgeted Renewal and Replacement Fund Amount. (6) moneys shall next be used to Pay Reserve Account Credit Facility osts: (~) moneys may ttext be used to pay debt service on any Subordinated Bonds: moneys may nett, in the discretion of the Commission. be depostted into l8) b the Commission: and the Ra[e Stabilization Fuld in such sums as shall be determitted y rn..., '~ ~w~1sr 21 '~':A ni LC'.tl~ R ,L iH 0.ESOEIR~~' ~ SECTION 3.03. APPLICATION OF PLEDGED REVENUES. For as long as any of the principal of, premium, if any, and interest on any of the Bonds shall be outstanding and unpaid or until (a) there shall have been set apart in the Sinking Fund, herein established, including subaccounts therein for each Series of Bonds and the Reserve Account and Bond Amortization Account and subaccoun[s therein, a sum sufficient [o pay when due the entire principal amount of the Bottds remainitrg unpaid, together with [he premium, if any, with respect thereto, and the interest accrued or to accrue thereon, or (b) provision for payment of the Bonds shall have been made in accordance with the [elms of Section 6.04 of this Ordinance and the Bonds shall have been defeased, [he Ciry covenants with [he Registered Owners of any and all Bonds as follows: (A) CREATION OF FUNDS AND ACCOUNTS. There are hereby created and established the following funds and accounts: the Utilities System Revenue Fund, hereinafter referred to as the "Revenue Fund"; the Utilities System Capital Facilities Charges Fund, hereinafter called the "Capital Facilities Charges Fund", together with the."Water System Capital Facilities Charges Account" and [he "Wastewater System Capital Facilities Charges Account" therein; the Utilities System Special Assessments Fund, hereinafter called the "Special Assessment Fund"; the Utilities System Revenue Bonds Sinking Fund, hereinafter called the "Sinking Fund", together with the accounts [herein to be known as [he "Current Debt Service Account," the "Bond Amortization Account" (together with any subaccounts therein) and the "Reserve Account"; the Utilities System Renewal and Replacement Fund, hereinafter called the "Renewal and Replacement Fund"; the Utilities System Rate Stabilization Fund, hereinafter called the "Rate Stabilization Fund"; [he Utilities System Project Fund, hereinafter called the "Froject Fund" together with an account therein to be known as the "1996 Project Account"; and the Utilities System Revenue Bonds Rebate Fund, herein referred to as the "Rebate Fund"; provided that separate Sinking Funds, and separate accounts and subaccounts in any of the foregoing may be established and maintained for different Series or installments of Bonds. (B) MAINTENANCE OF FUNDS AND ACCOUNTS. The designation and establishment of the various funds and accounts in and by this Ordinance shall not be construed to require [he establishment of any completely independent, self-balancing funds or accounts, as such terms are commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of Pledged Revenues fur ccriain purposes attd to establish certain priorities for application of such Pledged Revenues as provided herein. Cash and Authorized Investments required to be accounted for in each of the funds and accounts established by this Ordinance may be deposited in a single account, provided that accounting records, prepared in accordance with Accounting Principles are maintained to reflect control or restricted allocation of the moneys therein for the various purposes of such funds and accounts. Deposits into the accounts for any Series or installment of Bonds shall be on a parity with the deposits, if any, into the corresponding accounts for each other Series or installment of Bonds (or, in the case of a deficietuy, shall be on a pro rata basis computed with regazd to the aggregate principal amount of Bonds of each Series or installment then Outstanding) unless specified otherwise; further provided that moneys on deposit in the accounts established for a particular Series or installment of Bonds may be specified not to be available to be used for paymenu required to be made from the corresponding accounts for any other Series or installment of Bonds. C:e niLie w3RALR&RENAVTIONA to fAuana iW15!!R" [he addressee) to the Credit Facility Issuer and to all reeistered securities depositories then in the business of holding substantial amounts of obligations of types such as the Bonds (such depositories now being The Depository Trust Company of New York, New York, New York; Midwest Securities Ttvst Company of Chicago, Illinois; and Philadelphia Depository Tntst Company of Philadelphia, Pennsylvania) and to one or more national information services that disseminate notices of redemption of obligations such as [he Bonds (such as Financial Infoartation, Inc.'s Financial Daily Called Bond Service, Interactive Data Corporation's Bond Service, Kenny Information Service's Called Bond Service and Standard & Poor's Called Bond Record). SECTION 2.10. FORM OF BONDS. The text of the Bonds shall be of substantially the form of Exhibit A hereto, with such omissions. insenions, and variations as may be necessary and desirable, and as may be authorized or permitted by this Ordinance or by subsequent ordinance or resolution adopted prior to the issuance thereof. ARTICLE III BONDS NOT GENERAL OBLIGATION OF CITY; PLEDGE OF REVENUES AND APPLICATION THEREOF SECTION 3.01. BONDS NOT GENERAL OBLIGATION OF CITY. Neither the Bonds nor the interest or premium, if any, thereon shall be or constitute g:neral obligations or indebtedness of the Ci[y as "bonds" within the meaning of the Constitution of the State of Florida, but shall be payable from and secured solely by a lien upon and a pledge of the Pledged Revenues as herein provided. No Registered Owner or Owners of any Bonds issued hereunder shall ever have the right to compel the exercise of the ad valorem taxing power of the Ciry or taxation in any form of any property therein to pay such Bonds or the interest or premium, if any, thereon or be entitled to payment of such principal, premium, if any, and interest from any other funds of the Ciry except from the Pledged Revenues in the manner provided herein. Neither the Bonds nor the interest or premium, if any, thereon shall have or be a lien upon the System or the Stormwater System, or upon any property of or in the Ciry, other than the Pledged Revenues in the mattner provided herein. SECTION 3.02. BONDS SECURED BY PLEDGED REVENUES. The payment of Deb[ Service on all the Bonds issued hereunder shall be secured forthwith equally and ratably with the other Bonds solely by a lien upon and pledge of [he Pledged Revenues. The Pledged Revenues, in an amount sufficient both to pay the principal of, premium, if any, and interest on the Bonds herein authorized and to make the payments into the Reserve Account and Sinking Fund and all other payments provided for in this Ordinance are hereby irrevocably pledged in the manner stated herein to such payment; provided that said pledge and lien may be released and extinguished by defeasance as provided in Section 6.04 hereof. Notwithstanding the foregoing, no provision hereof is intended [o prohibit the payment of Debt Service Requirements on any Series of Bonds from, or the pledging to such payment of, any lawfully available additional revenues, reserves, security, documents, obligations or sources of funds. )`a6 ATLm w)R-~UTHAESOLUTION~ 19 fn"~u.•:I 'i wp 55ka surrender of [he Bonds in temporary form to the Bond Registrar the Bond Registrar shall authenticate and deliver, in exchange [herefor, Bonds of the same Series and maturity, in definitive form in [he authorized denominations, and for the same aggregate principal amount, as the Bonds in temporary form surrendered. The expense of such exchange shall be paid by the City and there shall be made no charge therefor to any Registered Owner. SECTION 2.08. BOND ANTICIPATION NOTES. [n anticipation of the delivery of the Bonds of any Series and receipt of the proceeds thereof, the City may issue Bond Anticipation Notes. Provisions regarding the form of such Bond Anticipation Notes and the security for any Bond Anticipation Notes shall be set fcr[h in a separate ordinance or resolution of the Commission adopted at or prior to the time of sate of such Bond Anticipation Notes. SECTION 2.09. PROVISIONS FOR REDEMPTION. The Bonds may be redeemable, by operation of the applicable Bond Amortization Account or, at the option of the City, as provided by subsequent resolution of the Commission adopted prior to the delivery of the Bonds; provided that no op[ional redemption of Bonds may be effected at any time when there are outstanding, unpaid obligations due and owing to a Credit Facility Issuer pursuant to any Credit Facility or Reserve Account Credit Facility withou[ the prior written consent of the Credit Facility Issuer. Not more than sixty (60) days or less than thirty (30) days prior [o [he Redemption Date, notice of such redemption (i) shall be filed with the Bond Registrar, and (ii) shall be mailed by first class mail, pos[age prepaid, to alt Registered Owners of Bonds to be redeemed at their addresses as they appear on the registration books hereinabove provided for. Notice of Redemption of Bonds, other than by operation of the Bond Amortization Account and other than pursuant to the application of advanced refunding bond proceeds, shall be provided as set forth herein only from and to the extent that funds sufficient to pay the redemption price and accrued interest thereon are on deposit in the funds and accounts held by the Paying Agent and available for such purpose on the date the notice of redemption is mailed. Interest shall cease to accrue on any Bonds duly called for prior redemption on the Redemption Dale, if payment thereof has been duly provided. Failure of any Registered Owner to receive notice properly provided shall not affect the validity of any such proceedings for redemption or the cessation of the accrual of interest on any Bonds called for redemption from and after the Redemption Date. [n addition to the foregoing notice, further notice shall be given as set out below, but no defect in any such notice nor any failure to give all or any portion of any rrotice shall in any manner defeat the effectivetress of a call for redemption with respect to an Owner as to which notice is given as prescribed above. Each further notice of redemption given trereutder shall contain the information required above for an official notice of redemption plus: (i) the date of original execution and delivery of the Bonds of such Series; (ii) the rate of interest borne by each Bold being redeemed; (iii) the maturity dace and CUSIP number of each Bond being redeemed; and (iv) any other descriptive information treaded to identify accurately the Bonds being redeemed. Fach further notice of redemption shat) be sent at least thirty (30) days before [he redemption date by regis[ered or certified mail or overnight delivery service (at the expense of )~+l'+TEie W)~ReUTH~RE50LUTWH~ I° vee.,,v,a ioa.ayy~ applicable notice of redemption is given, or (b) to transfer or exchange any Bonds selected, called or being called for redemption in whole or in part. New Bonds delivered upon any transfer or exchange shall be valid obligations of the City, evidencing the same debt as the Bonds surrendered, shall be secured by this Ordinance, and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. The City may elect to use abook-entry or immobilization system for issuance and registration of [he Bonds of any Series, and the details of any such system shall be as fixed by subsequent ordinance or resolution of the Commission adopted prior to the time of issuance of such Bonds. Whenever any Bond shall be delivered to the Bond Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Bond shall be cancelled and destroyed by the Bond Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furrtished to the City. SECTION 2.06. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. Incase any Bond shall become mutilated or be destroyed, stolen or lost, the Bond Registrar may in its discretion issue and deliver a new Bond, of like tenor as the Bond, so mutilated, destroyed, stolen or lost, either in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Registered Owner's furnishing the Bond Registrar proof of his ownership thereof, furnishing satisfactory indemnity in favor of both the City and the Bond Registrar, complying with such other reasonable regulations and conditions as the Bond Registrar and City may prescribe, and paying such expetues as [he City tray incur. All Bottds so surrendered shall be cancelled. If any such Bonds shall have matured or are about to mature, itu[ead of issuing a substitute Bond, the Bond Registrar may pay the same, upon compliance with the foregoing conditions and requirements. Any such duplicate Bonds issued pursuant to this Section shall constitute original contractual obligations on the part of the City, whether or not any lost, stolen or destroyed Bonds are found and shall be entitled to equal and proportionate benefits and rights with alt other Bonds of such Series issued hereunder as to lien on and source and security for payment from the Pledged Revenues. SECTION 2.07. TEMPORARY BONDS. Until Bonds in definitive form of any Series are ready for delivery, the City tray execute, and upon its request in writing, the Bond Registrar shall authenticate and deliver in lieu of any thereof, and subject to the same provisiotts, limitations and cottdi[iotu, one or more printed, fithograptted or typewritten Bonds in temporary form, substantially of the tenor of the Bottds hereinbefore described and with appropriate omissions, variations and insertions. Until exchanged for Bonds in definitive form, such Bonds in temporary form shall be entitled to the lien and benefit of this Ordinance. The Ciry shall, without unreasonable delay, prepare, execute and deliver to the Bond Registrar and thereupon, upon [he presentation and r.+n~nn a~!a gun, xExxvna~. 17 ..,,,,-. :~ .n •~so,.. There shall be a Certificate of Authentication of the Bond Registrar on the Bonds, and no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under the provisions of this Ordinance unless such certificate shall have been duly executed on such Bond. The authorized signature for the Bond Registrar shall be either manual or in facsimile, provided, however, that at least one of the above signatures, including that of the authorized signature for the Bond Registrar, appearing on [he Bonds shall be a manual signature. Itt case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer of the City before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the City by such person as a[ the actual time of the execution of such Bond shall hold the proper office in the City, although at the date of such Bonds such person may not have held such office or may not have been so authorized. SECTION 2.05. NEGOTIABILITY AND REGISTRATION. The Bonds shall be and have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code -Investment Securities Laws of the State of Florida, and each successivc Registered Owner, in accepting any of said Bonds shall be conclusively deemed to have a¢reed that the Bonds shall be and have all of the qualities and incidents of such negotiable instruments. There shall be a Bond Registrar, who may also be the paying agent for [he Bonds, which shall be a Banking Institution. The Bond Registrar shalt be responsible for maintaining the books for the registration of the tratufer and exchange of the Bonds. The City and the Bond Registrar may treat the Registered Owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary. All Bonds presented for [ransfer, exchange, redemption or payment (if so required by the City or the Bond Registrar) shall be accompanied by a written insttvmen[ or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the City or the Bond Registrar, duly executed by the Registered Owner or by his duly authorized aaomey. The Bond Registtar may charge the Registered Owner a sum sufficient [o reimburse it for any expenses incurred in making any exchange or transfer after the first such exchange or [ransfer following the initial delivery of the Bonds. The Bond Registrar or the City may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any such new Bonds shall be delivered. The Ciry and the Bond Registrar shall not be required (a) to issue, transfer or exchange an}• Bonds during a period beginning at the opening of business on the 15th day next preceding either any Interest Payment Date or any date of selection of Bonds or parts thereof to be redeemed and ending at the close of business on the [n[erest Paymem Dale or day on which the ...,n~,,,va.nruass~xorror+. l6 rN......v iv.,s~S.~ ARTICLE 11 DESCRIPTION. DETAILS AND FORM OF BONDS SECTION 2.01. 1996 PROJECT. The City will promptly commence work on the 1996 Project and will prosecute the 1996 Project to completion with due diligrnce. SECTION 2.02. 1996 BONDS. The 1996 Bonds shall be and are hereby designated Utility System Revenue Bonds, Series 1996". SECTION 2.03. DESCRIPTION OF BONDS. The Bonds of each Series shall be numbered; shall be in such denominations or maturity amounts; shall be dated as of the date of [heir delivery or such other date prior to [he date of their delivery; shall bear interest a[ not exceeding the maximum rate allowed by law; payable on such dates; shall mature on the first day of such month, in such years, not [o exceed forty (40) years from the date thereof, and in such amounts; and shall be issued as Current Interest Paying Bonds, Compounding Interest Bonds, Variable Rate Bonds, Serial Bonds, Term Bonds, or any combination thereof; all the foregoing as shall be determined by subsequen[ resolution of the Commission adopted at or prior [o the [ime of sale of any such Series of the Bonds, subject of the provisions of Section 5.01(G) and 6.01 hereof. The Bonds of each Series may be issued all at one [ime or in installments from time to time. Different installments and Series of the Bonds may have such charac[eristics as shall be provided herein and by subsequent resolution of the Commission and shall bear a designation to dis[inguish such Series or installment from other Series or installments of the Bonds. The Bonds of each Series shall be issued in fully registered form; shall be payable with respect to principal at the office of the Bond Registrar, as Paying Agent, or such other Paying Agent as shall be subsequently de[ermined by the Commission: shall be payable in lawful money of the United States of America; and shall bear interest from their date, or from the most recent dale to which interest has been paid, payable, in the case of Current Interest Paying Bonds, by check or draft mailed on each Interest Payment Date to the Registered Owner at his address as it appears upon the books of the Bond Registrar as of 5:00 P.M. Eastern Time on the Record Date, and in the case of Compounding Interest Bonds, at maturity upon presentation at the office of the Bond Registrar; provided that, for any Registered Cwner of one million dollars ($1,000,000) or more in principal amount of Bonds, such payment shall, at the written request and expense of such Registered Owrer, be made by wire transfer to a Banking Institution or by such other medium acceptable to the City and to such Registered Owner. SECTION 2.04. EXECUTION OF BONDS. The Bonds of each Series shall be executed in the name of the City by the Mayor or Vice-Mayor, and countersigned and attested by the City Clerk or Deputy Clerk attd the corporate seal of the City or Commission or facsimile thereof shall be affixed thereto or reproduced thereon. The signatures of the Mayor or Vice-Mayor and the City Clerk or Deputy Clerk may be manual or facsimile signatures imprin[ed or reproduced thereon. .L Ail.n .,,: p ,fill Pf Slh.Vil(N ~ 1 J iN.url :I I Wp 5 SSpn (C) The City is withou[ adequate, currently available funds to finance the 1996 Project Costs, and it is necessary attd desirable and in the best interests of the City that it borrow the money necessary to fund the Projec[. The City is authorized pursuant to the provisions of the Act, to borrow moneys necessary to pay the Project Costs. (D) The City currently has outstanding the 1996 Refunded Obligation in the principal amount of approximately $8,100,000. (E) It is necessary and desirable and in the best interes[s of the City that the City provide for the payment of the 1996 Refunded Obligation by the issuance of the 1996 Bonds and [he payment of a pottion of the proceeds thereof wi[h to Barnett Battk of Jacksonville, N.A. for [he sole pu[pose of the paymen[ of all of the outstanding principal of attd interest on such Refunded Obligation. (F) It is in the best interest of the health, safety, and welfare of the City and the inhabitants thereof that the City pledge the Pledged Revenues [o the repayment of the Bonds, and the Pledged Revenues are not currently pledged and encumbered in any manner other than to the 1996 Refunded Obligation, the lien of which on the Pledged Revenues will be defeased and released upon the issuance of the Series 1996 Bonds. (G) The Pledged Revenues are estimated to be sufficient to pay all principal of and interest on the Series 1996 Bonds, as the same become due, and to make all required sinking fund, reserve or other payments required by this Ordinance. SECTION 1.05. ORDINANCE CONSTITUTES A CONTRACT. In wnsideration of [he issuance of any Credit Faciliry or Resen~e Account Credit Facility and in consideration of the acceptance of the Bonds authorized to be issued hereunder by those who shall be the Registered Owners of the same from time to time, this Ordinance shall be deemed to be and shall constitute a contract between the City and the Credit Facility Issuer and such Registered Owners, and the coverartts and agreements herein set forth to be performed by the Ciry shall be for the equal benefit, protection, and security of the Credit Facility Issuer and the Registered Owners of any and all such Bonds, all of which shall be of equal rank and without preference, priority, or distinction of any of the Bottds over any other thctmf, except as expressly provided therein or herein. SECTION 1.06. ORDINANCE CAPTIONS AND HEADINGS. The captions and headings in this Ordinance are solely for convenience of reference and in tto way define, limit or describe the scope or intern of any Articles, Sections, subsections, paragraphs, subparagraphs or clauses hereof. .:, •ii .e,019.e1!TH.Nf SOLUTION ~ IQ FaYw :I INM 511P~ "1996 Refunding" means the program for refinancing the 1996 Refunded Obligation through the issuance of the Series 1996 Bonds and the payment of a portion of the proceeds thereof to Barnett Bank of Jacksonville, N.A. "1996 Refunding Costs" means but shall not necessarily be limited to: the cost of payment of the principal of, premium, if specified, and interest on the Refunded Obligation; expenses for estimates of costs and of revenues; the foes of fiscal agents, financial advisors and consultants; administra[ive expenses; in[eres[ on the Series 1996 Bonds for a reasonable period of time after the date of delivery thereof; reasonable reserves for the paymen[ of Debt Service; discount upon the sale of the Series 1996 Bonds; the cost of purchasing any Credit Facility or Reserve Accoun[ Credi[ Facility; Issuance Expenses as estimated on Exhibit C attached hereto; and such other expenses as may be necessary or incidental to the financing authorized by this Ordinance, to the Refunding, and to the accomplishing thereof; and reimbursement to [he City for any sums expended for [he foregoing purposes in anticipation of [he issuance of [he Series 1996 Bonds. SECTION 1.03. INTERPRETATION. Any reference herein to the City, to the Commission or to any member or officer of either, includes entities or officials succeeding to their respective functions, duties or responsibilities pursuant to or by operation of law or (awfully performing their functions. Unless context clearly indicates otherwise, any reference to a section or provision of the Constitution of the State or the Act, or to a section, provision or chapter of the laws of Florida or [he United States of America, includes that section, provision or chapter as amended, modified, revised, supplemented or superseded from time to time; provided, that no amendment, modification, revision, supplemem or superseding section, provision or chapter shall be applicable solely by reason of this provision, if it constitutes in any way an impairment of (1) the rights or obligations of the City, its officers and employces, the members of the Commission of the City, the Registrar, the Paying Agent, the Registered Owners, or any Credit Facility Issuer; (2) the Bonds; or (3) any other instrumem or documen[ entered into in connection with any of the foregoing. Unless [he context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein " "hereto " "hereunder" and similar terms refec to this Ordnance; and the term "hereafter" means after and [rte term "heretofore" means before the date of this Ordittance. SECTION 1.04. FINDINGS. It is hereby ascertairted, determined, and declared as follows: (A) The City now owns, operates and maintains the System and derives and will continue to derive revenues from rates, fees, and charges imposed and collected for the services of the System. (B) The City has previotuly enacted the Bond Ordinarrx which authorized improvements to the System attd the Stormwater System (collectively, the "1996 Projec["). )~unTlie wvv•ur" c[w~~rrari~ 13 F,~_, :: ,." 5,~ property, real or personal, tangible or intangible, now or hereafter owned or used in connection therewith. "Tax Compliance Certificate" means, with respect to any Series, the certificate executed by an officer of the Ciry responsible for [be issuance of the Series, delivered in connection with the issuance of such Series, relating to compliance by the City wi[h the requirements of the Code applicable to such Series, including any investment instructions attached to such certificate. "Term Bonds" shall mean the Current Interest Paying or Compounding Interest Bonds ail of which shall be stated to mature on one date and which shall be subject to retirement by operation of [he applicable Bond Amortization Accoun[ in the Sinkin¢ Fund herein established. "Variable Ra[e Bonds" shall mean Bortds, the interest ra[e on which is subject [o adjustment a[ such times and in such manner as shall be determined by the Commission prior to the sale thereof. "1996 Bonds" means the Series 1996 Bottds. 1993 Project" means the additions, extensions and improvements [o the System previously authorized to be acquired and constructed with the proceeds of the 1996 Refunded Obligation. "1996 Project" means the acquisition and construe[ion of additions, ex[ertsions and improvements to the System and the Stormwater System, as more particularly described in the list on Exhibi[ B hereto and including [he components of the 1993 Project which were not funded with proceeds of the 1996 Refunded Obligation; provided that the Commission may (a) add items to or dele[e items from such list and (b) reallocate sums of money between items on such list. "1996 Project Account" means the account authorized, created and established by [he City, pursuant to Section 3.03(A) of this Ordinance for the payment of 1996 Project Costs. "1996 Project Costs" mean the amount required to be expended [o acquire and cons[ruc[ the 1996 Project. Without limiting the generality of the foregoing, 1996 Project Costs include: the acquisition of any lands or interests therein or any other properties deemed necessary or convenien[ therefor; engineering, atcouming, and legal fees and expenses; expenses for plans, specifics[ions and surveys; expenses for estimates of costs and of revenues; the fees of fiscal agents, financial advisors and cotuttttants; Administrative Expenses; Issuance Expenses; the cost of establishmem of reasonable reserves for [be payment of debt service on the 1996 Bonds; discount upon the sale of the 1996 Bonds; the cost of purchasing any Credit Facility or Reserve Account Credit Facility with respect to the 1996 Bonds; rebate payments required to be made to the Department of the Treastuy of the United States in connection with the investment of moneys in the Projec[ Fund; such other expenses as may be necessary or incidental [o the financing authorized by this Ordinance, to the 1996 Project, and to the placing of the same in operation; and reimbursement to the City for any sums expended for the foregoing purposes. "1996 Refunded Obligation" means the Water and Sewer Revenue Note, dated July 29, 1993, payable to Barnett Bank of Jacksonville, N.A. and to be outstanding at the time of issuance of the 1996 Bonds in the principal amount of approximately 58,100.000. ~;a ail:^~UJi ViH PES(N.UTIOM~ 12 than :~ Iw. a'apn lund or bond redemption deposits are required to be made prior [o [he 12-month period immediately preceding the stated date of maturity of such Serial Bonds. Series" shall mean series of Bonds. "Series 1996 Bonds" shall mean the Utilities System Revenue Bonds, Series 1996, orieinally issued pursuant to this Ordinance. "SID" means an information depository designated from time to time by the State. "Sinking Fund" means [he fund authorized, created, and established pursuant to the provisions of Section 3.03(A) hereof. "Special Assessments" means all [he proceeds derived from special assessments to be levied against the lands and real estate within the City to be specially beneficed by any Project, including interest and penalties on such assessments and any moneys received upon the sale of tax certificates with respect to such lands and real estate and upon the foreclosure of the liens of such assessments, to the extent that the Ci[y has covenanted to deposit [he proceeds received from the levy and collection of such special assessments into the Special Assessment Fund for the payment of any Series; provided, however, that for purposes of the rate covenant set forth in Section 5.01(A) and [he test for [he issuance of Additional Parity Bonds set forth in Section ~.01(G), Special Assessments shall only include those Special Assessments which are (1) levied on developed property, (2) collected pursuant to the uniform method pursuant to Section 197.3632, Florida Statutes, and (3) in the aggregate, according to the final assessment roll, are not greater than one-tenth (1/10) of the total assessed value of all propetty against which such Special Assessments are levied. "Specified Events" has the meaning set forth in Section 5.04(C) hereof. State" means the State of Florida. "Stormwater System" means the facilities for the collection and drainage of s[otmwater now owned, operated and maintained by the City, together with any and all improvements, extensions and additions thereto, hereafter constructed or acquired, together with all lands or interesu [herein, including plants, buildings, machinery, franchises, pipes, maitu, fixtures, equipment, and all property, real or personal, tangible or intangible, ttow or hereafter owtted or used in cottttection therewith. "Subordinated Bonds" shall mean any obligations issued by the City and payable from the Pledged Revenues subject and subordinate to the rights of the Registered Owners of any Bonds issued pursuant to this Ordinatce as to security for payment from such Pledged Revenues and in all other respects, in accordattce with the provisions of this Orditance. "System" shall mean the combined and consolidated water and sewer system now owned, operated and maintained by the City, together with any and all improvements, extensions and additiotu [hereto, hereafter cotuttucted or acquired, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment, and all ~:F nIt-.~ ~~~ F •l iH Pi3011R10M • 11 !lM1ruan :I IPR 5 Sfpm "Redemption Date" shall mean, for any Series, the date specified in a resolution of the Commission on which any Bonds are to be redeemed prior to the maturity thereof, whether at [he option of the Ciry or by operation of the applicable Bond Amortization Account in the Sinking Fund. "Registered Owner" or "Owner" shall mean any Person who shall be the owner of any Outstanding Bond or Bottds as shown on the registration books maintained by the Bond Registrar. "Renewal and Replacement Fund Requirement" means an amount, determined as of the beginning of each Fiscal Year, equal to (a) the lesser of (1) five percent (5%) of the Gross Revenues received by [he City in the immediately preceding Fiscal Year; or (2) $500,000, or (b) such other amount as shall be certified in writing by [he Consulting Engineers as necessary and desirable to provide immediately available funds [o pay capital costs of the System. "Reserve Account Credit Facility" shall mean a policy of insurance, an irrevocable letter of credit, surety bond or other insurance or financial product which provides for payment of amounts equal to all or a portion of the Reserve Account Requirement in the event of an insufficiency of moneys in the Sinking Fttnd to pay principal of and interest on any Series or installmen[ of the Bonds, and which meets the criteria set forth in Section 3.03(G) hereof and shall include any agreement between the City and the Credi[ Facility Issuer with respect to the repaymen[ of amounts advanced under any Reserve Account Credit Facility. "Reserve Account Credit Facility Costs" shall mean the amounts the City is reyuired to pay [o [he Credit Facility Issuer as a result of a draw under a Reserve Account Credit Facility or otherwise pursuant [o such Reserve Account Credit Facility or any related agreement. "Reserve Account Credit Facility Coverage" shall mean the amount then available to be paid to the Paying Agent under the tetras of the Reserve Account Credit Facility at any particular time. "Reserve Account Requirement" means the lesser of (1) the Maximum Debt Service Requirement for the Bonds then Outstanding, or (2) the maximum amount allowed as a reasonably required reserve or replacement fund under Section 148 of the Code. "Reserve Accoum Value" shall mean [he aggregate of the Reserve Account Credit Facility Coverage and the value of moneys and Authorized Invesmtents ctt;dited to the Reserve Accoun[. The values of such Authorized Investments are to be calculated as provided in Section 3.03(G) hereof. "Rule" means Rule ISc2-12, as amended from time to time, promulgated by the SEC. SEC" means the Securities and Exchange Commission. "Serial Bonds" shall mean any Current Interest Paying or Compounding Interest Bonds for the payment of the principal of which, at the maturity thereof, no fined tnattdatory sinking 1.-e Sit'.c Uli 5-eUT" ^ESOLUf10N a 10 felaT 11. Iws 5 SSP" Compounded Amounts are payable on Compounding Interest Bonds, as determined by subsequent resolution of the Commission adopted at or prior to the issuance of Bonds, and in each case including applicable dates on which Amortization Installments are required to be applied to retire Term Bonds. "Prohibited Payment" shall mean a payment, or an agreement to pay, to a Person other than the United States of America, an amount that is otherwise required to be paid to the United States of America through a transaction or series of transactions that reduces the amount eartted on an investment or deposit or that results in a smaller profit or a larder loss on such investment or deposit than would have resulted in an arm's length transaction in which yield on Bonds was no[ relevant to either parry to such investment or deposit. "Project" shall mean the acquisition and const[uction of improvements and additions to [he System and the Stotmwater System owned by the Ciq•. "Project Certificate" means that certificate of the Independent Consultant filed with the City at or prior to the date of delivery of any Series of Bonds and setting forth the estimated total cost of the Project to be constructed with the proceeds of such Bonds and, if said Series of Bonds is additionally secured by Capital Facilities Charges, the estimated cost of the Expansion Facilities portion of the Project, the Expansion Percentage, and the Capital Facilities Charges Debt Service Component, as appropriate. "Project Costs" shall mean the amount required to be expended to construct a Project, and shall include, but not necessarily be limited to: the acquisition of any lands or interests therein or any other properties deemed necessary or convenient therefor; engineering, accounting, and legal fees and expenses; expenses for plans, specifications and surveys; expenses for estimates of costs and of revenues; Administrative Experses; the capitalization of interest on the Bonds authorized hereby for a reasonable period of time after the date of issuance and delivery thereof; the establishment of reasonable reserves for the payment of debt service on the Bonds; discount upon the sale of the Bonds; Issuance Expenses; the cost of purchasing any Credit Facility or Reserve Account Credit Facility with respect to the Bonds; such other expenses as may be necessary or incidental to the financing of the Project and to the placing of [he same in operation; and reimbursement to the City for any sums expended for the foregoing purposes. In connection with any particular Series of Bottds, Project Costs shall mean those of the foregoing costs which art to be paid or financed by proceeds of such Series. "Project Fund" means the fund authorized, created and established by the Ciry, pursuam to this Ordinance for the payment of Project Costs together with any accounts therein. "Rating Agency" shall mean Fitch Investors Service, L. P. ('Fitch"), Moody's Investors Service, Ittc. ("Moody's"), or Standard and Poor's Ratings Services ('S&P") or any thereof and their successors, if any is then maintaining a rating on any Series of Bonds. "Record Date" shall mean, for any Series, the fifteenth day of the month prior to an _ Interest Payment Date for such Bonds, or such other date as may be specified by subsequent - resolution of the Commission. )_at~illO wSa.AVTH.NE50lVTION~ 9 fN~r"1 '~ iwe 555p. Accounting Principles. Operating Expenses include, without limiting the generali[y of [he foregoing, (i) Administrative Expetses, (ii) insurance premiums, (iii) charges for the accumulation of appropriate reserves not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with Accounting Principles, and (iv)the cost of product and services purchased by the Ciry for resale to customers of the System in lieu of the production of such product and services by the City directly. "Operating Expetses" shall not include any allowance for depreciation, amortization or other similar non-cash expenses, excep[ to the extent expressly provided herein. In determining Operating Expenses, there shall not be taken into account: (a) any gain or loss resulting from either the extinguishmen[ or refinancing of any Series of Bonds or other lone-term indebtedness; (b) loss from the sale, exchange or other disposition of capital assets not made in [he ordinary course of business; and (c) any capital expenditures for renewal, replacement, expansion or acquisition of capital assets (including any deposits or reserves [herefor). "Ordinance" means collectively, the Bond Ordinance, this supplemental ordinance, and any ordinance amendatory hereof or supplemental hereto. "Outstanding" shall mean as applied to Bonds, as of any applicable time, all Bonds which have been authenticated and delivered, or which are being delivered, under this Ordinance, except: (l) Bonds cancelled upon surrender, exchange or transfer, or cancelled after purchase in the open marke[ or because of payment at or redemption prior to maturity; (2) Bonds, or portions thereof, which aze considered no longer Outstanding pursuant to Sec[ion 6.04; (3) Bonds, or portions thereof, which are deemed paid upon the redemption or maturity thereof for which moneys sufficient to pay the maturity amount or redemption price [hereof have been deposited into the appropriate accounts of the Sinking Fund by the City or in lieu of which other Bonds have been issued under Sec[ion 2.06 or 2.07 hereof. For purposes of voting, giving directions and granting consents, Bonds held by the City or by an agent of the Ciry shall not be deemed Outstanding. "Person" or words importing persons shall mean firms, associatiotu, partnerships (including without limitation, general and limited parurerships), joint ventures, societies, es[a[es, trusts, corpotatiotrs (including limited liability corporations), public or governmental bodies, other legal entities and natural persons. "Pledged Revenues" meatu (a) the Net Revenues, (b) the Capital Facilities Charges, (c) the moneys on deposit in the Funds and Accounts, (d) the [nvestmem Earnings, and (e) the Special Assessments. "Principal Maturity Date" shall mean, with respect to any series of Bonds, the annual or other periodic date on which (i) principal matures on the Currem Interest Paying Bonds and (ii) i:+wVU6+A1AR el'THAESOV VTpN• O ffdWh '~ .sM!p5p". performed by such Independent Consultant by the provisions of [his Ordinance or by other official action of the City, and shall include, where applicable, the Consulting Engineers. "Interest Payment Date" shall mean, with respect to any Series of Bonds, the semiannual or other periodic dates on which interest is payable on the Current Interest Paying Bonds, as de[ermined by subsequent resolution of the Commission adop[ed at or prior to the time of issuance of such Bottds. "Investment Earnings" shall mean the interest, dividends, and the net of the capital gains and losses received from the investment, purchase, and sale of Authorized [nves[ments held in the various funds and accounts established pursuant to this Ordinance. "Issuance Expenses" means the fees and costs paid in connection with the authorization, sale, and issuance of any Series of Bonds. Issuance Expenses include, but are not necessarily limi[ed to: (1) the fees and expenses of the Financial Advisor, Bond Couttsel, Disclosure Counsel, and the Consulting Engineer related to (a) the preparation of the preliminary and final Official Statements; (b) preparation of the Bond Ordinance, this Ordinance, and other ordinances and resolutions supplemental hereto or in cenrtection herewith; (c) preparation of financing plans; (d) hiring investment bankers; (e) validation of Bonds; and (f) preparation of the Engineer's Report, if any; (2) the cost of obtaining a rating on such Bonds from a Rating Agency; (3) the cost of printing and distributing the Official Statemen[ for such Bonds; (4) the cost of printing and delivery of such Bonds; and (5) the cost of obtaining consents and legal opinions necessary in connection with the delivery of such Bottds. Issuance Expenses do not include (1) amounts deposited into the Reserve Account; (2) the premium for any Credit Facility; (3) discount upon the sale of Bonds; or (4) capitalized interest on Bonds. "Maximum Debt Service Requirement" shall mean, as of any particular dale of calculation, the Debt Service Requirement for the then current or any future Bond Year which is greatest in dollar amount with respect [o the particular Series of Bonds, or all Bonds, as the case may be. "MSRB" means the Municipal Securities Rulemaking Board. "Net Revenues" means the Gross Revenues retttairting after deducting only Operating Expenses. Moneys deposited into the Rate Stabilization Fund (as set forth in Section 3.03(C)(g) hereof) shall be excluded from Gross Revenues for the purposes of calculating Net Revenues hereunder for the Fiscal Year in which such transfer into the Rate Stabilization Fund occurs. Moneys on deposit in the Rate Stabilization Fund may be withdrawn at any time and redeposited into the Revenue Fund, and such moneys shall be included in Gross Revenues for the purpose of calculating Net Revenues for the Fiscal Year in which such redeposit into the Revenue Fund occurs. "NRMSIR" means a nationally-recognized mutticipal securities information repository designated by the SEC for purposes of the Rule. "Operating Expenses" means the cutrem experues, paid or accrued, of operation, maintenance and repair of the System and its Facilities determined in accordance with q~6 •TL.l u;i R.eUTN.iESOIUiIOd~ ~ fef".v, ]i .+w SSSpw "Expansion Percentage" means, with respect to any Series of Bonds, the fraction equal [o that pottion of the total aggregate Debt Service Requirements for such Series that is attributable to Expansion Facilities, if any, as shall be determitted by [he Independent Consultant and as set forth in the Project Cettificate relating to such Series. "Event of Default" has the meaning set forth in Section 5.02 hereof. "Facilities" shall mean all of the physical asses of the System, and all patts thereof, existing at [he time of the adoption of [his Ordinance, and also any physical assets which may thereafter be added to the System, or any pan thereof, by any additions, replacements, bettermen[s, extensions, improvements thereoo, and property of any kind or nature, real or personal, tangible or intangible, hereafter constructed or acquired in connection with the System. "Federal Securi[ies" shall mean direct noncallable obligations of the United States of America or obligations the timely payment when due of the principal of and interest on which is fully and unconditionally guaranteed by the United Stales of America. "Financial Advisor" means an investment banking or financial advisory firm which is nationally recognized as being experienced in finarcial matters related to states and their political subdivisions, as selected by the City. "Fiscal Year" shall mean the period commencing on October 1 of each year and ending on the succeeding September 30, or such other period as may be prescribed from time to time as the fiscal year for the City. "Funds and Accounts" means the Revenue Fund, the Sinking Fund, (and accounts therein), the Renewal and Replacement Fund, the Rate Stabiliza[ion Fund, and the Projec[ Fund all created pursuant to Section 3.03(A) hereof. "Gross Revenues" means all fees, rentals or other charges or other income received by the Ciry in connection with the System, or accruing to the Ciry or to any other board or agency of the City in control of the management and operation of the System, all as calculated in accordance with Accounting Principles. Gross Revenues include, without limitation, Investmen[ Earnings on moneys in all funds artd accounu herein created or authorized, except the Project Fund and the Rebate Fund, to the extent Char Investment Earnings are required to be deposited into the Revenue Fund herein created. Gross Revenues do not include Capita! Facilities Charges, Special Assessments, or Investment Earnings on either thereof. "Independem Certified Public Accountants" shall mean such firm of certified public accountants, not in the regular employ of the City, as shall be retained by the City for the purpose of audi[ing the books anti records relating to the Pledged Revenues and performing such other functions as are specified in this Ordinance. "Independent Consultant" shalt mean such firm or firms, consisting of or employing, registered professional engineers, architects, rate consultants, or other professionals having a favorable reputation for the design, maintenance and operation of facilities such as the System, not in the regular employ of the City, engaged by the Ciry to perform the tasks set forth to be (3) the aggregate amount required to pay the Maturity Amounts due on any Compounding Interest Bonds maturing in such Bond Year; provided that for purposes of this definition, the stated maturity date of any Compounding Interest Term Bonds shall be disregazded and the Amortization installments applicable to such Compounding Interest Term Bonds in such Bond Year shall be deemed [o mature in such Bond Year. [n calculating the Debt Service Requirement for any period for any Series of Bonds, the City shall deduct from the amounts calculated in subparagraphs (1) [hrou¢h (3) above: (a) any capitalized interest deposited into the applicable accounts of the Sinking Fund for such period from the proceeds of the sale of such Bonds or otherwise and (b) any Investment Earnings (i) received on moneys on deposit in or transferred to the Sinking Fund and accounts established therein with respect to such Series and (ii) required by [he terms of this Ordinance to be retained in such Sinking Fund. "Defeasance Obligations" means: (1) Federal Securities; (2) obligations described in Section 103(a) of the Code, provision for the payment of the principal of, premium, if any, and interest on which shall have been made by the irrevocable deposit with a Banking Institution (which is a member of the FDIC and which has a combined capital. surplus and undivided profits of not less than $25,000,000) acting as a trustee or escrow agent for holders of such obligations, of securities described in clause (1) above, the maturing principal of and interest on which, when due and payable, will provide sufficient moneys, withou[ reinvestment, to pay when due the principal of, premium, if any, and interest on such obligatiotu, and which securities described in clause (I) above are not available to satisfy any other claim, including any claim of the trustee or escrow agent or of any person claiming through the trustee or escrow agent or to whom the trustee or escrow agent may be obligated, including in the event of the insolvency of the trustee or escrow agent or proceedings arising out of such insolvency and which are rated "AAA" by Moody's and "Aaa" by S&P; and (3) Such other obligations as shall be permissible for defeasance of any Series or installment of bonds pursuant to the Credit Facility in effect with respect to such Series or installment. "Disclosure Counsel" means a firm of attorneys which is nationally recognized as being experienced in matters relating to the public offering and sale of obligations of states and their political subdivisions and the federai and state securities laws applicable thereto, as selected by the City. "Expansion Facilities" means additions, extensions and improvements to the System, together withal! lands or interests therein, including plants, buildings, machinery, pipes, mains, fixtures, equipment, franchises, rights to water, wastewater or reuse water service and all property, real or personal, tangible or intangible, heretofore or hereafter constructed or acquired in order to meet the increased demand upon the System, whether actual or anticipated, created by new users connecting to the System. l:+t eR:e ml RwUT"AESOLUTgM ~ fees. :i iab SfSpn "Completion Bonds" shall mean Additional Parity Bonds issued without compliance with the financial tests set forth in Section 5.01(G) hereof, as more particularly provided in such section. "Compounded Amounr_a" shall mean, with respect to any Compounding Interest Bonds, the amounts representing principal and interest on such Compounding Interest Bonds from time to time at and prior to the maturity thereof in accordance with a schedule of such amounts delivered at the original issuance of such Series of Bonds. "Compounding Interes[ Bonds" shall mean Bonds, the interest on which (I) shall be compounded periodically, (2) shall be payable only at maturity or redemption prior to maturity, and (3) shall be de[emined by reference to the Compounded Amounts. "Consulting Engineers" shall mean such independent, qualified, and recognized consulting engineers, having a favorable reputation for skill and experience in the planning, construction, operation and financial feasibility of facilities similar to that of the Sys[em, at the time retained by the City to perform the acts and carry out the du[ies as herein provided for such Consulting Engineers. 'Credit Facility" shall mean each policy of municipal bond insurance, an itTevocable le[[er of credit, surety bond or other insurance or financial product which guarantees timely payment of all or any portion of the principal of, premium, if any, and interest on all or any portion of the Bonds. "Credit Facility Issuer" shall mean each insurance company, bank, or other organization which has provided a Credit Facility in cotutection with the issuance of any Series of Bonds or any particular Bonds within a Series. A Credit Facility Issuer of a Reserve Account Credit Facility must be an insurance company rated in the highest rating category by any Rating Agency (and, if applicable, by A.M. Best & Company) having a rating in effect as to such insurance company. "Current Interest Paying Bonds" shall mean Bonds, the interest on which shall be payable on a periodic basis. "Debt Service Requirement" shall mean, for any Bond Yeae, as applied to the Bonds of any Series, the sum of: (1) the amount required [o pay the interest becoming due on the Cuaent Interest Paying Bonds during such Bottd Year; (2) the aggregate amount required to pay the principal becoming due on Current Interest Paying Bonds for such Bond Year; provided that, for purposes of this definition the stated maturity date of any Currem Interest Paying Tetra Bonds shall be disregarded attd the Amortization Installments applicable to such Current Interest Paying _ Term Bonds in such Bond Year shall be deemed to mature in such Bond Year; and 1:y.1iL:! d4 QA~IHYESOI.UTgN ~ ~ FAUp :I. 19]6 511P" "Bonds" shall mean the Series 1996 Bonds and any Additional Parity Bonds issued pursuant to the terms and conditions of the Bond Ordinance. "Budgeted Renewal and Replacement Amount" mcarts the amount specified in the annual budget of the City to be necessary to be deposited into the Renewal and Replacemen[ Futtd so that there shall be on deposit in such fund at the beginning of the subsequent Fiscal Year an amount equal to the Renewal and Replacement Fund Requirement. "Business Day" means any day of the year on which banks in the city in which the Paying Agent is located, are not required or authorized by law to remain closed, and on which the Paying Agent arrd the New York Stock Exchange, Inc. are open for business. "Capital Facilities Charges" means any impact fees or charges which are related to acquiring, constructing, equipping or expanding capacity and Facilities of the System, including, but not limi[ed to, excess capacity relating [o the Facilities of the System not used by then cuttent consumers, if any, existing at the time of the City's original acquisition of all or any portion of the System, and which are levied or collected by the City on or from any governmental body, u[ility company, real es[ate developer, or other Person, for the purpose of reserving capacity in the System, conttecting [o the System, or paying or reimbursing any capital cost relating to such acquisition, construction, expansion or equipping of excess and unused capacity of the System or any expansion thereof, bu[ excluding: (I) amounu received from the sale of water or reuse water; (2) amounts received for the treatment, acceptance or disposal of wastewater; (3) meter installation fees and regular connection charges rrot described above; and (4) other revenues constiNting operating revenues (as any of the foregoing items are more particularly described by the City with respect to the System); in each case to the extent the same are lawfully available for the acquisition and construction of Expansion Facilities and for the payment of Capital Facilities Charges Debt Service Components. "Capital Facilities Charges Debt Service Component" means, as of any particular dale of calculation, for any Series of Bonds, [he dollar amoun[ of Capital Facilities Char¢es determined by (1) multiplying the aggregate Debt Service Requirements for such Series by [he applicable Expansion Percentage, and (2) subtracting from the product so obtained all amounts previously transferred from the Capital Facilities Charges Fund [o the applicable Sinking Fund, including the Bond Amortization Accounts therein, pursuant to the provisions of Sec[ion 3.03 hereof. "City" shall mean the City of Atlantic Beach, Florida, a mutticipal corporation of the State. "Code" shall mean the Internal Revenue Code of 1986, as amended, together with the valid and applicable regulations and proposed and temporary regulations thereunder, and, if applicable, under the Internal Revenue Code of 1954, as amended, as the same may be in effect or amended from time to time, and any successor provisions thereto. "Commission" shall mean the City Commission, as the governing body of the City. ra~nnie a~e..uTn-x[xxurioe. ~ ,,,,,",. :~ ;,,a !!!,,, "Administrative Expenses" means the expertses of the various departments of the City properly allocable to the System or [he Project, as the case may be, under Accounting Principles. "Amortization Installment" shall mean, with respect to each maturity of Term Bonds, the principal amounts (or Compounded Amounts) of such Term Bonds to be retired in consecutive years by mandatory redemption from the applicable Bond Amortization Account within the Sinking Fund or, in the year in which such Term Bonds are staled to mature, through payment at maturity, provided that (i) each such installment shall be deemed to be due on the Interest Payment Dace or Principal Maturity Date of each applicable year as is fixed by resolution or ordinance of the Commission and (ii) the aggregate of such installments for each maturity shall equal the aggregate principal amount (or, if applicable, the Compounded Amounts at maturity) of Term Bonds of such maturity delivered on original issuance. "Annual Information" has the meaning specified in Section 5.04(B) hereof. "Authorized Investments" means any obligations, deposit certificates, or other evidettces of indebtedness legal for the investment of funds of the City pursuant to [he laws of the State, subject to such restrictions or limitations thereon as tray be imposed by ordinance or resolution of the City (including any formal investment policy established by the City) or by the terms of any Credit Facility. "Banking Institution" means a bank or trust company incorporated and doing business under the laws of the United States (including laws relating to the District of Columbia) or of any State, a substantial part of the business of which consists of receiving deposits and making loans and discounts, or of exercising fiduciary powers similar to those permitted to national banks under authority of the Comptroller of the Currency, and which is subject by law to supervision and examination by State or Federal authority having supervision over banking institutions. "Bond Counsel" shall mean a firm of attorneys which is nationally recognized as being experienced in matters relating to the validity of, and the state and federal income tax treatment of interest on, obligations of states and their political subdivisions and whose opinions are generally accepted by purchasers of such obligations, as selected by the City. "Bond Ordinance" shall mean Ordinance No. 15-95-7, enacted by the City Commission en November 13, 1995, as supplemented by this Ordinance and as further amended and supplemented from time to time. "Bond Registrar" shall mean the Banking Institution designated by the City to maintain the registration books required to be tnaitttained hereunder and to serve as Paying Agent for purposes of making payments of principal of and interest on the Bonds to the Re¢isiered Owners; provided that such Bankittg Institution shall have trust powers. "Bond Year" means the period beginning on the day immediately folloµ•in¢ each Principal Maturity Date and ending on the next succeeding Principal Maturity Date or any other annual period designated by the City. 1`af PTi"` ~^ P +1 iH P! YRUi WN • ~ fe'.ru•.:' '.'M 5 )Sp" ORDINANCE NO. 15-96-8 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPLEMENTING ORDINANCE NO. IS-95-7 OF THE CITY WHICH AUTHORIZED THE ISSUANCE OF NOT EXCEEDING 324,500,000 UTILITIES SYSTEM REVENUE BONDS, SERIES 1996; PROVIDING FOR CERTAIN DEFINITIONS; PROVIDING FOR CERTAIN F[SCAL DETAILS OF SUCH BONDS AND FOR DELEGATION TO THE CITY MANAGER OF THE AUTHORITY TO FIX THE REMAINING DETAILS WITHIN CERTAIN PARAMETERS; PROVIDING FOR THE MANNER OF EXECUTION, REGISTRATION, AND EXCHANGE OF SUCH BONDS; PROVIDING FOR THE USE AND APPLICATION OF CERTAIN PLEDGED REVENUES; PROVIDING FOR THE RIGHTS AND REMEDIES OF, AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH, THE REGISTERED OWNERS OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION AND ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ARTICLE I STATUTORY AUTHORITY, DEFINITIONS, AND FINDINGS SECTION 1.01. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, the Bottd Ordinance (as herein defined), and other applicable provisiotu of law (the "Act"), and is supplemental to the Bond Ordinance. SECTION 1.02. DEFINITIONS. Capitalized terms used in this Ordinance shall have the following meanings, unless the context clearly requires otherwise. Words importing singulaz number shall include the plural tntmber in each case and vice versa, and words of one gender shall be deemed to include the other genders. [n this Ordinance: "Act" shall mean Chapter 166, Florida Statutes; the Bond Ordinance; and other applicable provisions of law. "Accounting Pri>riples" means generally accepted accounting principles and practices applicable to governmental entities, including those applicable to governmentally owned and operated utility systems such as the System. "Additional Parity Bonds" means any obligations hereafrer issued pursuant to the terms and conditions of the Ordinatce and payable from the Pledged Revenues on a parity with the 1996 Bonds, originally issued under this Ordinance. (5) setting forth the covenants and conditions which the City is malting to protect the interest of the purchasers of the Bonds (Article ~; and (6) descn"bing the manner of sale of the Bonda, the way in which the Bonds and the Ordinance may be "defeased°, and the way in which the Ordinance maybe modified (Article vq. I will be present at the Commission ttteGings of February 26 and March 11 to answer any questions that you may have about the Ordinance, the Resolution, or the proceedings and timetable. We will also be furnishing a resolution for tht Much I 1 meeting, supplementing the Ordinance, to provide for remaining details of the Bonds (dated date, maturity dates, Paying Agerrt snd Bond Registrar) snd the sperafics as to Issuance Expenses for the Bonds; this supplemental resolution will delegate to the City Manager the authority within certain parsnteters to execute a Bond Purchase Agreement with the Underwriters for the sale and purchase of the Bonds; those parart~eters ue identified in Section 6.01 of the Ordinance and will be fiuther spelled out in the supplemental resolution. Robert Freeman 2 UaranalloxG. at_Zaus c~~ ~',~~~ ~~ .~~ ~'~00 .~` 1`.l i/a! x ~Gxu! ~.F.~,.~1~. .%`axtda 91^x'02 February 21, 1996 TO: MAYOR AND COMMISSIONERS CITY OF ATLANTIC BEACH, FLORIDA RE: UTII,ITY SYSTEM REVENUE BONDS, SERIES 1996 The City Commission has previously authorized the issuance of Utility System Revenue Bonds, Series 1996, in a principal amount not to exceed 524,500,000, by Ordinance 15-95-7. Based on this authorization, the Bonds were validated by judgment of the Circuit Court for Duval County rendered on December 21, 1995. Subsequent to validation, the Bonds and related documents were submitted to bond insurance wmpanies, and a commitment on very favorable terms was obtained from MBIA Insurance Corporation on February 15, 1996. The proposed Ordinance 15-96-8 which this memorandum accompanies incorporates the requuements contained in that commitment, and the Proposed Resolution No. 96-6 authorizes the City Manager to aclmowledge acceptance of the Commitment. Ordinance 15-96-8 supplements 15-95-7 by: (1) defining terms used in connection with the Bonds (Section 1.02); (2) explaining the terms of the Bonds in general and how the Bonds are executed, transferred, and redeemed (Article )~; (3) identifying the specific sotuces of revtrnres pledged to secure payment of the Bonds and how those revenues will be received and applied (Article III); (4) explaining how the proceeds of the Bonds will applied and used (Article IV); ~G..G..d ~:L.Lo . l~..,...~4..~ Y/a„~.~~... 20 S~~n~.,~lO~.+ J...m./, .'~ 1~~.. 6'~ %~ l Httachment A; Section I. Safety A. Upgrade Kiddie Playground 1. Jungle Gym 2. Swing 3. Rocking Horses B. New Playground Equipment 1. Jungle Gym 2. Swing C. Bleachers D. Dugouts E_ Water Fountain Section II_ Enhancement A. Benches B. Twa-rail Fence C. Picnic Tables D. Individual Picnic Shelters RESOLUTION 96-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING THE CITY MANAGER TO IMPLEMENT BASIC REPAIRS AND UPGRADES TO RUSSELL PARK LIMITING SUCH EXPENDITURES TO $66,000.00. WHEREAS, Russell Park has the highest use of any park in the City, and WHEREAS, many areas of use in Russell Park need upgading, and WHEREAS, much of the playgound equipment is outdated, and WHEREAS, safety of the park can be improved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS' SECTION 1. The City Commission authorizes the City Manager to implement the repairs and improvements stated in Attachment A of this resolution. The City Manager is authorized to expend up to $66,000.00 in undertaking the scope of work outlined in Attachment A. Adopted by the City Commission of Atlantic Beach this I 1 th day of Mazch 1996. LYMAN T. FLETCHER MayodPresiding Officer Approved as to form and correctness: ALAN C. IENSEN, ESQUIRE City Attorney Attested: MAUREEN KING, CMC City Clerk ~G CITY OF ~tlactic Mack - ~letida roe s~+w~o~.e ron+n ~ ATLANTIC 6F.1L,'Fi, FIARiM 3227}SMS -_ _- _ _____._--..-.__._-_-- TFLFPFpNE AM)2f1-Si00 i ~.:,~ !\ FAX IfM) 7~f1-SBD3 March a, 1996 MEMORANDUM TO: The Honorable Mayor and Members of the Ciry Commission City of Atlantic Beach Subject: Addendum to the Russell Park Plan submitted in the agenda packet Due to some confusion on my part the lights on the B-field at Russell Park were left out of the proposal that we submitted to you on Russell Park. The lights on B-field were the number two priority of the Recreation Committee for Russell Park. Because of the high priority of the Recreation Committee it is my feeling that you should consider this along with the already submitted Russell Park proposal. The approximate cost for lighting these fields would be approximately 535,000.1)0. If you have any questions concerning this please feel free to contact me. Sincerely, (~.~~~ ~J~m Jarboe Ciry Manager JJ:tI EXHIBIT B ESTIMATED ISSUANCE EXPENSES Estimated Costs of Issttattce Bond Counsel x50,000 Disclosure Counsel 19,500 Financial Advisor 45,000 Consulting Engitteer 25,000 Official Statement Printing 8,000 Bond Printing 2,000 Bond Ratings S&P 14,000 Moody's 14,675 Paying Agent 1.000 Sub Total 5179,175 Underwriter's Discount' 120,000 Insurance Costs Bond Insurance Policy Ptemium* 115,000 Debt Service Reserve Account' 36.000 Sub Total 151.000 TOTAL PAID FROM BOND PROCEEDS 5450,175 *Based on Bond Issue Siu of r_.u,.n~aomn-~v~V1aDF1EGAnp+~~ 8 EXHIBIT A BOND PURCHASE CONTRACT ~zw~n~mmn.~wnwo~c~now i SECTION 13. EFFECTIVE DATE. This Resolution sha:l take effect immediately upon its adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida at a regular meeting duly called and held this I lth day of March, 1996. CITY OF ATLANTIC BEACH, FLORIDA Approved as to form, sufficiency and correctness: City Attorney ATTEST: City Clerk Mayor/Ptssiding Officer 7248/ATLI6.007/R-AWARD-DELEGATION-IA () professionals involved in the issuance of the 1996 Bonds, are authorized ard empowered, collectively and individually, to take all action and steps and to execute and deliver, on behalf of the City, and in their official capacities, the 1996 Bonds, and any and all instruments, documents, or certificates, including temporary 1996 Bolds, if necessary, and a Tax Compliance Certificate, which are necessary or desirable in connection with the issuance and delivery of the 1996 Bonds. The approval of various documents and certificates hereby is hereby declared to be of such documents in substantially the form attached hereto as exhibits or as subsequently prepared, upon the advice of the City Commission and Bond Counsel, with such insertions, deletions, and variations thereto as shall be approved by the officers executing such documents and certificates on behalf of the City, and in their official capacities, upon the advice of Counsel to the City and Bond Counsel, such officers' approval thereof to be presumed by their execution. SECTION 9. RETURN OF GOOD FAITH CHECK. The Authorized City Representative is hereby authorized and directed to return the good faith check to the Underwriters simultaneous with receipt of the purchase price for the 1996 Bonds as set forth in the Purchase Contract. SECTION 10. CONSULTING ENGINEER'S REPORT. The report prepared by Smith & Gillespie, Jacksonville, Florida, in connection with the authorvation ard issuance of the 1996 Bonds is hereby accepted and approved. SECTION 11. ISSUANCE EXPENSES. The payment of Issuance Expenses, underwriter's discount and bond insurance premiums in connection with the issuance of the 1996 Bonds the aggregate not to exceed 2°,6 of the authorized principal amount of the 1996 Bonds, as shown on Exhibit B hereto, is hereby approved to be made upon submission of proper invoice at or subsequent to the time of closing of the 1996 Bonds. SECTIGN 12. INCORPORATION BY REFERENCE. All of the terms hereof regarding the 1996 Bonds are hereby ir-corporated in the Ordinance by reference and shall be fully applicable to the 1996 Bonds and a part of the City's cottttact with the Registered Owners of the 1996 Bonds and the Credit Facility Issuer during the period the 1996 Bonds are outstanding, and shall be enforceable to the same extent as if set forth in full in the Ordinance. SECTION 13. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void ard shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of this Resolution or of the Bonds. SECTION 14. REPEALING CLAUSE. All resolutions of the City, or parts thereof, in conflict with the provisions of this Resolution are to the extent of such conflict, hereby superseded and repealed. J248/ATL16.003/R-AWARD-DELEGATION-IA S I. Such other conditions as shall be deemed necessary by Bond Counsel, the Financial Advisor, or the Ciry Attorney or the Authorized City Representative. SECTION 5. BOND REGISTRAR AND PAYING AGENT. Bank of New York, Jacksonville, Florida, is hereby appointed Bond Registrar and Paying Agent for the 1996 Bonds. The Bond Registrar and Paying Agent shall perform such duties as are described in the Ordinance, this Resolution, the 1996 Bonds, abe a Paying Agent and Registrar Agreement, dated as of the date of closing between the City and the Bobe Registrar and Paying Agent and in form and substance satisfactory to the Ciry, upon the advice of the City Attorney and Bond Counsel. The Mayor or Vice-Mayor and the City Clerk or such other person so designated by the City, are hereby authorized to execute a Paying Agent abe Registrar Agreement upon delivery of the 1995 Bonds with such changes as are not inconsistent with the terms hereof and other action heretofore taken by the City. SECTION 6. PRELIMINARY OFFICIAL STATEMENT. Any Preliminary Official Statement provided by the City to the Underwriters for the 1996 Bober shall be "deemed fugal" (except for permitted omissions) in accordance with the Rule. The Authorized City Representative, upon the advice of the City Attorney abe the Ciry's Bobe abe Disclostue Counsel, is hereby authorized to certify or otherwise represent when such Preliminary Official Statement shall be "deemed final" by the Ciry as of its date (except for permitted omissions), in accordance with such Rule. The proper officers of the City and each of them are authorized abe directed, on behalf of the City, in their official capacities, to complete the Preliminary Official Statement, with such modifications, changes and supplements as those officers shall approve or authorize for purposes of preparing and determining, and to certify abe otherwise represem, that the Preliminary Official Statement as so completed (the "Official Statement") is "final" for purposes of SEC Rule 1 s.2-12(b)(3) abe (4). Those officers abe each of them are also authorized to sign and deliver on behalf of the City, in their official capacities, the final Official Statemem abe such cerifitates in connection with the accuracy of the final Official Statemeta abe any amendment thereto as may, in their judgment, be necessary or appropriate to the Purchaser. The distribution abe use of the fatal Official Statemem by the Purchaser in connection with the original issuance of the 1996 Bonds is further approved. SECTION 7. EXECUTION AND DELIVERY OF 1996 BONDS. The Mayor or Vice Mayo abe City Manager of the City be abe they are hereby authorized and directed subject to execution of the Purchase Contract upon compliance with the cobeitions set fork in Section 5 hereof, to execute abe deliver the 1996 Bonds to or on behalf of the Underwriters upon payment of the purchase price, pursuant to the cobeitioru stated in the Purchase Contract. SECTION 8. 1996 OFFERING, CLOSING DOCUMENTS AND AUTHORIZATION OF ADDITIONAL DOCUMENTS AND CERTIFICATES IN CONNECTION WITH THE DELIVERY THEREOF; APPROVAL OF THE NECESSARY ACTION. The Mayor, Vice- Mayor, City Clerk, City Manager abe Finance Director, in consultation with abe upon the advice of the City Attorney, Bobe and Disclosure Counsel, the Financial Advisor, and the other 3268/ATL16.003/R-AWARD-DELEGATION-IA 4 H. It is necessary to fix the maximum amount of Issuance Expenses for the 1996 Bonds. I. It is necessary to provide for formal acceptance of the Engineer's Report prepared by Smith & Gillespie in connection with the issuance of the 1996 Bonds. SECTION 4. DELEGATION OF AUTHORITY TO EXECUTE PURCHASE CONTRACT; CONDITIONS TO EXERCISE OF AUTHORITY. The Authorized City Representative is hereby, subject [o the conditions hereinafter set forth, authorized and empowered [o execute the Purchase Contract on behalf of the Ciry and to deliver an executed copy thereof to the Underwriter. This delegation of authority is expressly made subject to the following conditions, the failure of any of which shall render the Purchase Contract voidable at the option of the City. The conditions to exercise of the authority to execute the Purchase Contract are: A. The Purchase Convact shall be executed on or before April 30, 1996. B. The Purchase Contract shall be executed by and on behalf of the City by the Authorized City Representative in substantially the form attached hereto as Exhibit A, with such changes, insertions and omissions and such filling in of blanks (including final-purchase price) therein as hereafter may be approved by the Mayor or Vice-Mayor and Ciry Clerk, upon the advice of the Financial Advisor and Bottd Counsel and the City Attot~ey, the execution of the Purchase Contract for and on behalf of the Ciry by the Mayor or Vice-Mayor and City Clerk being conclusive evidence of the approval of any such changes, insertions, omissions or filling in of blanks. C. The aggregate principal amount of the 1996 Bonds [o be sold shall not exceed twenty- four million five hundred thousand dollars ($24,500,000). D. The purchase price for the 1996 Bonds shall be equal to not less than ninety-nine percent (9996) of the aggregate principal amoum of the 1996 Booms (without regard to original issue discount, if any), plus accrued interest from their dated date [o their date of delivery. E. The interest rate (true interest cost calculation method) on the 1996 Bonds shall not exceed and no/100 percent (_.0096) per annum. [To be completed based on mazket conditions prior to adoption.] F. The total foes, expenses, insurance premiums and u~erwriter's discount on the 1996 Bonds shall not excced two pencem (2.0°6) of the authorized principal amoum of the 1996 Bonds; the estimated Issuance Expenses and other amounts to be paid from bond proceeds are shown on Exhibit B hereto. G. The City shall have received a disclosure statemem from the Underwriter, setting forth the information required by Section 218.385, Florida Statutes, as amended. H. The Uttc!erwriter shall have delivered to the City its good faith check in an amoum equal to one percent (1`Ib) of the paz amount of the 1996 Bonds. 3218/ATL16.00JlR-AWARD-DELEGATION-IA "Ordinance" means, collectively, the Bond Ordinance, and Ordinance No. 15-96-8, enacted on March 11, 1996, supplementing the Bond Ordinance. "Purchase Contract" means a Bond Purchase Contract between the City and the Underwriter providing for the purchase of the 1996 Bottds by the Underwriter, in substantially the form attached hereto as Exhibit A. "Resolution" means this Resolution, which is supplemental to the Ordinance. "Underwriters" means, collectively, with respect to the 1996 Bonds, William R. Hough & Co., Prudential Securities, Inc., and Raymond James & Associaus, Inc., as purchasers of the 1996 Bonds. SECTION 3. FINDINGS. It is hereby ascertained, determined, acrd declared as follows: A. The City Commission (the "Commission") of the City of Atlantic Beach, Florida (the "City") has duly enacted the Ordinance, which authorized the issuance of the 1996 Bonds. B. The City has detetmitted to proceed with the financing of the 1996 Project through the issuatce and sale of the 1996 Bonds to the underwriter. C. It is in the best interest of the City and the customers and ratepayers of the System to authorize the execution of a Bond Purchase Contract (the "Purchase Contract"), between the City and the Underwriurs, whereby the City will agree to sell to the Underwriurs and the Underwriters will agree to purchase from the City, all of the 1996 Bonds, all on the basis of the representations and the arms atd conditions set forth in a Purchase Contract. D. The City has been advised by First Union Capital Markets Cotp., Orlando, Florida, Financial Advisor to the City (the "Financial Advisor"), that, in order to obtain the best inures[ rates and prices in the current municipal bond market, exunsive planning of the structure and the timing of the issuance of the 1996 Hords by the Financial Advisor and the Underwriut is necessary and, therefore, that it is in the best interest of the City and the customers and ratepayers of the Sysum that the 1996 Bonds be sold at negotiated sale. E. In order to enable the Underwriter for the 1996 Bonds to comply with Rule lSc2-12 under the Securities Exchange Act of 1934, as amerced (the "Rule"), in connection with the offering and sale of the 1996 Bonds, it is necessary that the Preliminary Official Staumeru prepared on behalf of the City in connection with the 1996 Bonds be "deemed final" (except for permitted omissions) by an Authorized City Representative. F. It is tecessary to delegau to the Authorized City Represettative the authority, upon the advice of the Financial Advisor and within certain paramours, to fu the dau, maturities, mandatory amortization installments, inures[ rates, redemption provisions and certain other details of the 1996 Bonds, subject to certain restrictions. G. It is necessary to designau the Bond Registrar and Paying Agem for the 1996 Bonds. 3268/ATL 16.007/R-AWARD-DELEGAT70N-IA RESOLUTION NO. 96-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPLEMENTING ORDINANCE NO. 15-96-8 OF THE CITY ENACTED ON MARCH 11, 1996; PROVIDING FOR THE AWARD OF UTILITIES SYSTEM REVENUE BONDS, SERIES 1996, SUBJECT TO CERTAIN CONDITIONS SUBSEQUENT; PROVIDING FOR THE APPROVAL OF FINAL TERMS OF THE 1996 BONDS, INCLUDING THE DATE, MATURITIES, INTEREST RATES, REDEMPTION PROVISIONS, AND AMORTIZATION INSTALLMENTS; APPOINTING A BOND REGISTRAR AND PAYING AGENT; AUTHORIZING EXECUTION AND DELIVERY BY THE CITY MANAGER OF A BOND PURCHASE CONTRACT WITHIN CERTAIN SPECIFIED PARAMETERS; AUTHORIZING THE CITY MANAGER OF THE CITY TO PROCEED TO DEVELOP NECESSARY DOCUMENTS, MAKE CERTAIN CERTIFICATIONS ON BEHALF OF THE CITY REGARDING THE PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING EXECUTION, DELIVERY AND DISTRIBUTION OF A FINAL OFFICIAL, STATEMENT; AUTHORIZING EXECUTION AND DELIVERY OF CLOSING DOCUMENTS AND ALL OTHER ACTION NECESSARY TO DELIVERY OF THE SERIES 1996 BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION AND ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, the Ordinance (as herein defused), as supplemented by the Resolution (as herein defused), a~ other applicable provisions of law (the "Act"), and is supplementary [o the Ordinance. SECTION 2. DEFINITIONS. Capitalized terms used in this Resolution shall have the meaning specified in the Ordinance unless specified otherwise herein. Words importing singulaz number shall include the plural number in each case and vice vcrsa, and words of one gender shall be deemed to include the other genders. In this Resolution: "Authorized City Representative" meaa~ the City Manager or sssch other Person as is designated by the Commission to act on behalf of the City. "Bond Ordinance" means Ordinance No. 15-95-7, enacted by the City Commission on November 13, 1995, as amended from time to time, and as supplemented. RESOLUTION NO.96-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ESTABLISHING THE OLD ATLANTIC BEACH SECTION OF ATLANTIC BEACH AS A HISTORIC DISTRICT AND SETTING THE FRAMEWORK FOR CARRYING OUT THE NEEDED ~IPLEMENTATION OF TAE DISTRICT WHEREAS, there are many homes and structures in the old City of Atlantic Beach that are historically significant; and WHEREAS, the City of Atlantic Beach wishes to encourage residents and businesses to maintain and preserve the historic value of our city; and WHEREAS, many residents are remodeling and restoring older homes in the core City. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission recognizes the old core City as the Old Atlantic Beach Historic District, the defining boundaries of which are Atlantic Boulevard on the south, Seminole Road on the west, Hanna Park on the north, and the Atlantic Ocean on the east. SECTION 2. The Mayor is directed to recommend for appointment a five member committee to be responsible for identifying historic properties to the City Commission for formal recognition as historic landmarks, and for the developrrtent of a catalog of potential Atlantic Beach Historic Landmarks. The committee will be made up of Atlantic Beach residems. One member will be an azchitect, one member a manager or owner of a business within the city and the other three members will be selected from the general public. SECTION 3. All structures approved by the City Commission as Historic Landmarks will receive a plaque to be placed on or in close proximity to the struchue. Adopted by the City Commission of Atlantic Beach this 11th day of March , 1996. LYMAN T. FLETCHER MayodPresiding Officer Approved as to form and correctness: Attested: ALAN C. JENSEN, ESQUIRE City Attorney MAUREEN KING, CMC City Clerk 5E .~~ ~~~ ~~ 4 `~ ?~ o ~ a ~ ~ ° O ..... ~-. . r . ~~ ~ k +~ .~ ~r~ ~. ~I .~ "/~ f ~..~ •.,., ~. w ~ ~ ~ a l! ~ y+ 4 . r ~ ~ ~ ~ d ~ ~ o ~~ ~ ~ 4 ~ ~ g ~ ~ ~ ~ ~ ~ ~ ~y ~ ~i '4/ ~ ~' w ~ ~ V ~ o a, v b .~ V ~ .+» O .~ V ~ .y ~ ~ ~ ~ b ~ '~ b m C '~ c a U M ~ ~ d qa~ 0 aaza A ~~ A ~~~a O U ~W~~ AE~~ F ~ .. ~~~ w 0 N O~ 0 x •~• 3 4 y 5 y 3 4 STATE OF FLURIUA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELDG CODE ADMIN ANU INSPECTORS _ 08/26/95 ~ BU 0. 000311 ~ _ _9.90__0__2_5.5____ THE STANDARD BUILDING CODE ADMINISTRATOR NAMED BELOW IS CERTIFIEC UNDER THE PROVISIONS OF CHAPTER 468 F.S., FOR THE YEAR EXPIRING NOV 30. 1997 600TH, WILLIAM A 2E65 Q WEST 6TH STkEET FERNANDINA EEArH FL 3e034 A~i~o~n ° ~ DISPLAY IN A CONSPICUOUS PLACE "s~cn~Et~m' oa.i~a February 19, 1996 The Cip~ of Atlantic Brach 800 Seminole Road Atlantic Beach, PL X22? Re: Proposal to contract Inspections to the City of Atlantic Brach, Florida Attentention Don Ford: This proposal is presented quoting price per Inspection and other conditions. 1. Price per Inspection is 518.00. 2. Except for an emergency, three (3) Inspections per visit is required. 3. Again, with the exception of an emergency, the Company would require 36 hours notification to adjust schedules. Please see attached State Certification as a Building C ode Administrator and Inspector. Also, a copy of my Certification with the Building Officials Association of Florida. Please call us if you have any questions on this proposal. Sincerely, William A. Booth Certified Inspector WAB/nb Certified Home Inspection Services, Inc. 'LUc~ ticv vii~~ All o! Norche<i.scr7vri~fa" Call 904/2682728 904/2777605 4035 Hantington Forest I3oWe~rard Jacksonville; Florida 3283 _J is found to be unenforceable, the other paragraphs shall remain fully valid and enforceable. This agreement shall survive the termination of any agreements contained herein. 7. This agreement sets forth the entire agreement between the parties hereto, and fully supersedes any and all prior agreements and understandings between the parties hereto pertaining to the subject matter hereof. Dated this day of 1956. xitnesses: CERTIFIED HOME INSPECTION SERVICES, ZNC. By: xilliam Booth, President xILLZRM BOOTH, As Personal Guarantor of this Contract In compliance with the Charter of the City, I do certify that there is an unexpended, unencumbered and unimpounded balance in the appropriation sufficient to cover the foregoing contract and provision has been made for the payment of the monies therein to be paid up to the amount budgeted. xITNESSES: Director of Finance APPROVED AS TO FORM AND SUFFICIENCY: Alan Jensen, City Attorney Jarboe, City Manager CITY OF ~tlaKtic b'cack - ~leaedct B(Nl SE,~IINOLE ROAD - --- --- ATIANTIC REACH, FLORIDA 32233-5445 TELh:PHOYF, i9b4i 247-:;Hf10 FAX 1 ~JU41 14 i -St305 CONTR:\CT SERVICES AGREEMENT This agreement is made and executed this daV of 19 by and between the City of Atlantic Beach, Florida, a Municipal Corporation (hereinafter referred to as City), and Certified Home Inspection Services, Inc., a Florida corporation, (hereinafter referred to as Contractor) Jacksonville, Florida. NOiP, THEREFORE, ZT IS MUTUALLY AGREED AS FOLLOiPS: 1. The City agrees to retain Contractor to assist the Building Official in the City of Atlantic Beach. 2. Contractor agrees to use its expertise and best efforts in performing the responsibilities of building inspections. 3. In consideration for the above services rendered by Contractor as set forth in paragraphs 1 and 2, the City agrees to pay Contractor the sum not to exceed $18.00 per inspection paid by-weekly which shall constitute full and complete compensation for all services rendered. The City shall agree to allow a minimun of three inspections per visit by Contractor. The City shall not reimburse Contractor for any travel expenses. 9. This contract may be terminated by either party hereto by giving thirty (30) days written notice to the other party. 5. Contractor's performance under this agreement shall co¢mence on the 9th day of March, 1996, and continue until the 28th day of February, 1997, unless extended by the mutual agreement of the parties, oz unless this agreement is terminated sooner in accordance with the provisions set forth in paragraph 5 above. 6. The provisions of this agreement are severable, and if any part of it CITY OF r~tla.~rtle duel - ~!a)tida R00 SEMINOLE ROAD ATLANTIC BEACH. FLORIDA 32233-s445 TELEPHONE 1904) 247-sifW FAx i9oa i 2a7-ssos SI'S('1 )\I 8525F00 MEMORANDUM March 4, 1996 TO: Jim Jarboe, City Manager FROM: Don C. Ford, Building Oftiaal RE: Contrail Services Agreement -Building Inspector 1 have submitted a contrail from William Booth, d/b/a Certfied Home Inspection Services, to provide inspections for the City. I have researched this field to find other companies or people to provide these services and have not had any sucxess. I am considering this contractor as a sole source based on the fail the State is requiring new inspectors who provide inspection services to be certified in the area they are required to inspect. This law mandates that a person be certified in mechanical, plumbing, electrical, gas and stnxxural areas in order to inspect those areas. Because of this very strict limitation there are very few companies or inspectors that can meet these qualifications. Mr. Booth is the only one I have been successful in finding in the Northeast Florida area. DCF/pah cc: Alan Jensen, Esquire RESOLUTIONNO. 96_ll A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE CONTRACTING OF INSPECTIONS FOR THE BUILDING DEPARTMENT THROUGH A CERTIFIED INSPECTION COMPANY WHEREAS, Florida Statute 468.607 requires tltat'No person may be employed by a slate agenry a vocal governmerrt aulhodly to perform the duties of a buikfing code adminktrator, plans examkrer, or inspegor after October 1,1993 without possessing the proper vaW oertilteate ipued in aowrdarroe with the provkbrrs o(thk part', AND 488.817(2) 'Nothing M this part shall profribit local goremmenk from empkrying persons oerti6ed purswnt to this part to perform irapsctions on a corrtrad bask'. and WHEREAS, it k hereby determined by the Cily Comm~ion of the Cily of AtiarMie Beach that the City has need from time to time b per(ortn additional building inspections. and WHEREAS, state law requhes the Cily use only certified inspectors. NOW, THEREFORE BE IT RESOLVED the Cily Comrt~ion of the City of Atlantic Beach. Fbrida hereby declares ik approwl to engage in a tirrriled corrtrad with an approved, certilfed inspection eomparry for a period not iD exceed one year with a ono-year renewal period, AND, The Cily hereby agrees to fund said inspections from the FY 1995-1998 budget. Thk Resolution shall take effect upon its adoption. PASSED AND ADOPTED fhk 11th day o(March,1996. LYMAN T. FLETCHER MeyodPresidirrp Olticer Approved 84 to (ORn end cortedness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: AAAUREEN KING, CHIC City Clerk CITY OF ATLANTIC BEACH CITY COMMISSION STAFF MEETING STAFF REPORT AGENDA ITEM: Resolution Approving Contracting of Inspections for the Building Department through a Cert~ed Inspection Company SUBMITTED BY: Don C. Ford, Building Official DATE: March 5, 1996 BACKGROUND: Resolution No. 96-11 -Resolution Approving Contracting of Inspections for the Building Department through a Cert~ed Inspection Company. The Building Department is lacking apart-time building inspector due to the use of Karl Grunewald as a full time position as Code Enforcemerrt Officer (October 1995). This has left the Building Department short handed for several months. Plan reviews for building permits are now taking 3 to 5 weeks instead of one week. I am also reviewing and overseeing the Donner Community Center Project and the Public Safety Building Project as well as estimating impact fees for all new housing in the Bucanneer District. RECOMMENDATK)N: Contract with an inspection company to help during peak periods. ATTACHMENTS: Memorandum of March 4, 1996; Contract Services Agreement Proposal; Resolution. REVIEWED BY CITY AGENDA ITEM NO. 5D CITY OF oQlla+rtle b"iacls - ~lacida eoo sEnuNOr.E icoAn - __--_ --- ATLANTIC BF.1CH. FLORO)1 J23J3-WS TELFRN)NE i9D111A7-SBW ~l 1 FAX V00) 2f1-SBDS MEMORANDUM Date: March 4, 1996 To: Jim Jarboe, City Manager Timmy Johnson, Recreatian Director From: Ann Meuse, Finance Cirector ~~ Sub;ect: 12 Passenger Van for Parks Department As you requested, the Purchasing Department has researched the acquisition of a 12 passenger van to be used by the Parks Department at the Donner Community Center. The state contract price fora 1996 12 passenger Dodge Ram Van is $18,429. This van is similar to the van purchased by the police department except the interior is set up as a passenger van rather than a cargo van. The Dodge Ram Van can be ordered through Regency Dodge with an estimated delivery time of two months. Please let me know if you would like me to research this matter further. .. RESOLUTION NO. 96-10 A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS WHEREAS, the City Charter of the City of Atlantic Beach requires that the Ciry Commission approve all budgetary increases and transfers from one fund to another, and WHEREAS, the nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustment from time to time. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the Ciry of Atlantic Beach, that the attached Budget Adjustment be approved for the 1995-96 budget: Account it De CilDtion Budget Amended Budeet Increase 001-6040-572-6401 Motor Vehicles -0- 519,000 519,000 Van for Parks Department to be funded from General Fund reserve. Adopted by the City Commission this 11th day of Mazch 1996. Lyman T. Fletcher Mayor/Presiding Officer Approved as to forth and correctness: Alan C. Jensen, Esquire Ciry Attorney ATTEST: Maureen King, CMC City Clerk sc Page Two Resolution No. 96-9 Section 2. The City of Atlantic Beach requests that since navigation inlets are the primary cause of beach erosion in Florida, that the Legislahue, in its beach management funding strategy, give equal priority to inlet sand bypassing as it does to traditional beach nourishment projects; Section 3. The City of Atlantic Beach requests that in cases where federal government has not yet appropriated matching firnds for projects, and where local governments are willing to "loan" the federal share in order to deal quickly with an urgent erosion problem, the Legislature, as a matter of pohcy, will consider such "loans" by local governments to be the equivalent of the federal matching share for the project. Section 4. The City of Atlantic Beach requests that the State Legislature give serious consideration to identiScation of and dedication of a fair and stable source of long-term funding to fully implement a statewide beach management progam for preserving and restoring Florida's threatened sandy beaches. Section 5. This resolution shall take effect immediately upon its adoption by the City Commission. ADOPTED BY THE CITY COMMISSION this 1 lth day of March_ 1996. LYMAN T. FLETCHER Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: MAUREEN KING, CMC City Clerk RESOLUTION NO. 96-9 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING THE 1996 FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES, TO RECOGNIZE THE NEED FOR FUNDING NON-FEDERAL PROJECTS, AND TO IDENTIFY ALONG-TERM DEDICATED FUNDING SOURCE WHEREAS, Florida's beaches are an important part of the quality of life of the community, providing enormous aesthetic, environmental, hurricane mitigation and recreational benefits for our residents and tourists; and WHEREAS, beaches continue to be Florida's number one tourist attraction and are thus vital to our economic well-being, generating over $9 billion in beach-related sales annually and contributing to a ripple effect to the Florida economy of over $I6 billion; and WHEREAS, the City of Atlantic Beach recognizes that severe beach erosion continues to be a major problem in Florida, with coastal development threatening this important natural resource; and WHEREAS, federal funding for beach and inlet projects is declining, resulting in delays in implementing needed erosion projects and putting more pressure on state and local sources; and WHEREAS, since navigation inlets cause some 80% of beach erosion in Florida, the most cost-effective way to reduce erosion is to recapture sand from inlets and place it on the eroded downdrift beaches; and WHEREAS, as smatter oflong-standing pohcy, the Legislature has given priority to funding those beach and inlet projects which have substantial federal matching money; and WHEREAS, the state legislature has historically demonstrated a commitment to the preservation of Florida's beaches, and now must recognize the critical environmental and economic need to maintain or repair our beaches, with our without the ttrtancial assistance of the federal government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AS FOLLOWS. Section 1. The City of Atlantic Beach requests that the State Legislature provide adequate annual funding to carry out a statewide comprehensive beach management program to protect Florida's remaining pristine beaches and repair those that are severely damaged, and consider the Department of Environmental Protection 1996-97 budget request of $36.8 million; 5B I~ E ~ OL U TIOI ~ 1 VO. 9 6 - ~ A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THANKS AND GRATITUDE TO THE FLORIDA DEPARTMENT OF LABOR, DIVISION OF SAFETY, FOR ITS COMMITMENT TO THE SAFETY OF ATLANTIC BEACH EMPLOYEES WHEREAS, the City of Atlantic Beach recognizes the importance of fostering the safety, health, and welfare of its employees through a safe working environment; and WHEREAS, the Florida Department ojLaJwr, Division oj.Safety, has provided the City of Atlantic Beach with continuous safety seminars as follows: 1. Lock Out/Tag Out 2 Confined Space Permit Entry 3 Bloodborne Pathogen Standards 4 Office Safety WHEREAS, the F/orida Division oj.Sajety and the City of Atlantic Beach will continue to promote the safety and awareness of the employees through its safety program and wntinued cooperation with the Department of Safety. NOW, THEREFORE, BE IT RESOLVED that the Atlantic Beach City Commission hereby e>;teods its thanks and gratitude to the Florida Depmtntent of Safety for its commitment to the safety and well-being of the Atlantic Beach employees. ADOPTED BY THE CITY COMMISSION this J~h day of March , 1996. LYMAN T. FLETCHER Mayor/Presiding Officer Approved as to form and correctness- ALAN C JENSEN, ESQUIRE City Attorney ATTEST: MAUREEN KING, CMC City Clerk /"I rrY ~)f ilt'Ea(rJic ~:-.u~ - ~P04CC1'Q ~~+~~w. !'ARKS & !!1il; ItEA I";ON DF.P'1'. 7IG UCIsAN 1{(111 F:\'eV[U A'1'LA N'1'IC K" \l;ll, 1 f Uttll)A 3'l'13J '1'):LE19U''!S iBUU 247-5828 March 5, 199G/-~ ~~ ~ Y'o: Jim Jarbue~Ci[y anager From: Timmy Johnson, Recreation Director - Re: Usage Report, Community Center, February '96 Jim, here is a recap of activity at [he Adele Grage Community Center for [he mon[1) of February, 1996. Group/Event BMtgs./ Events B People Z Total Use AA Meeting g gb 9 ABET Rehearsals 24 245 24 ABED' Performances 7 542 53 Arts 6 Crafts 1 !0 1 Board Meetings 3 32 3 Cribbage/Scrabble 5 30 3 Nomeovner's Assoc. Mtg. 1 6 1 I.eleclle Group Mtg. 1 12 1 State Attorney's 1 8 1 Travel Group 2 20 2 1'e en Council 2 24 2 TOTALS 1019 1002 Increase/(Decrease) in total usage from prior month Y7 yp CITY OFATLANTIC BEACH Code Enforcement -Activity Report Oefober I, 1995 -February 29, 1996 CODE VIOLATIONS AB V. PREVIOUS MONTH PRESENT MONTH YEAR TO DATE Abandoned Vehicles CAR 21 20 106 Vehicles [m IMP 2 1 6 III 1 Stored BoaVftailer BT 3 0 16 Housin Code Violations SHC 1 ! 7 Hazardous Conditions HAZ 1 0 7 Ua 'tied Constmction PItM 9 1 9 Zonin violation ZON 7 2 31 Unlicensed Business LIC 9 27 38 Si Violation SGN 5 0 9 Over V elation VEG 4 2 49 Trash faint TRS 3 6 22 Noise Com faint NSE 1 1 3 Nuisance Com faint NUS 0 2 3 Health &. Saf Hazard HEA 4 6 24 Animal Com faint ANM 2 0 3 Water ~$ Sewer Bill Com lain[ BIL 0 0 0 Sewer S em Com laim SEW 0 1 3 Garbs GBG l 0 6 Storm Water/Draina a STM 0 0 I Other OTH 0 0 0 TOTAL'S 67 70 343 Com faints in Com fiance 34 Number of Com faints Outstandin lt)9 Other Activities: Cane N 0102 - Mr. ]ule Champ Kaufman, whose dog was deelarod dangerous by the code enforcement board, is challenging the boards jurisdiction wer such cases. His appeal is with the county court. Cos k 0097 - (Dangerous Dog) Mr. Arlie has complied wiUt FL SS 767 to the satisfaction of the Animal Control Officer. Cane N 0100 - Mr. Davis has signed an agreement with the City to make payments for conneafon charges to ltte City sewer system. Prepared By: Kar! Grunewald CITY OF ATLANTIC BEACH CITY COMMISSK)N STAFF REPORT STAFF REPORT AGENDA ITEM: CODE ENFORCEMENT REPORT SUBMITTED BY: KARL W. GRUNEWALD DATE: MARCH 6, 1996 BACKGROUND: FEBRUARY 1996 CODE ENFORCEMENT REPORT RECOMMENDATK)N: ATTACHMENTS: REVIEWED BY CITY AGENDA ITEM NO. H (.\1'I'LU.IMI'RO\T: Ai k: N'1 PROJ h;f-1'SI A'I'16 REIY)R'L SUI{MiTTEU BV: ROBERT S. KOSOV, P. , DIRECTOR OF Pl18LlC WORKS CAPI7 AI. IMPROVEMENT' PLAN PROJECT STATUS ON MARCH 9, 1996 I A'EU' wELf. CU]S I RlH' IION Nb\TER ' i 11M LUCAS TO COORDINATE N'I FH I Kli,\ FV FN I I'I. A]7 ~' qR'K. INDUSTRIES TO ASSCRE I HA I INSTRUMENTATION \fUUIF1CA (IONS A"f N'TP I ARE CONSISTI'NT N'ITH EXISTING [QUIPA1ENT ? N'ATFR & SEU'IiK IMPROVPMFNTS ? PERMITS ARE BEING RESUBMITTED Ci.4K HARIiUK TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 1vAl I.R \II.I lilt I~ti L\I-1 :VI ION Al STAPP HAS CUMI'Lf7TU ("Hl' Ib\CILII IfN I'R ELI MINARY IN VENTOK}' OP LO(-ATIONS AND u'll.l. KL'l'IEu ~ CORROSION RI:UI'C770N UNIT FUR ~ a u'ILL BE COMPLETED AS PAR"f OF u ATER S}'S FF91 N'ATER TREATMENT PLANT IMPROVEMENT PROJE('7 AT ASSISI LANE, u'HICH BEGAN ON JANUARY 18.1996 ll'ATER d SF. \1l`.R I\1PROVEMENTS ' 5 PERMI?S ARE BEING RESUBMITTED DE.AC H A\'f.Nl'F TO THE DEPARTMENT OF EN\'IRONMENTAL PROTEC7lON 6 ll'.4TER A1AIN CPGR9DES \'ARIOVS 6 THE R'ATF.R MAM UPGRADES LOCATIO\'S N'ITHM THE STORMW'ATER BASINS OF PROTECT NO. 12 WILL BE DESIGNED AS PART OF PROJECT NO 12. THE ClCEANWALK WATER LINE PROJECT WAS AWARDED ON 2/12/96 AND PRECONSTRUCTION CONFERENCE HELD ON 2Ri/96. Z SEWER REHABILITATION ATLANTIC 7 THE SEWER REHABILITATION WORK BEACH & BUCC4NEER SYSTE CIS WITHIN THE STORMWATER BASINS OF PROTECT NO 12 WILL BE DESIGNED AS PART OF THAT PROJECT. SHERRY DRIVE SEWER SLIP-LINING COMPLETED AND MAIN .~ ON SYLVAN DR. BEING COMPLETED. 8 NEW MASTER LIFT STATION 8 THIS PROTECT WILL BE DESIGNED BUCCP.NEER W'.ASTEW ATFR PLANT AS PART OF PROTECT NO 9 9. FACILITY IAIPROVEMF.NTS 9. TEN ENGINEERING PROPOSALS BUCG4NEER W'gSTF. WATER PLANT RECEIVED ON FEBRUARY 22, 1996 AND EVALUATED ON MARCH 1, 1996 ORAL PRESENTATIONS S('1{F.DULF.D FOR SPf('IAI, MEETING ON MARCH I I 1996 IO SIiLPH UR DI(lXi Uf 10 CUMPLETF. INSTRU411iNLVION k ('UNTRUI. I I INF LULNI FLOU V! I ER R ' I I THIS PROJE('T WILT, BE ( UNTKpIS INCORPOR ATEU INTO PRO)I ("I N L'MBfR9 L' STOKM WATT-.K \4lSTFR PLAN ' ' I] .AFTER ORAL PRESENTATIONS AT li} ( -W'IDE IMPLE\IF NTgIION FEBRUARY 26TH COMMISSION MEETING. ENGLAND-TRIMS & MILLER SELECTED TO DESIGN AND PERMIT PROJECT ~~ CITY OF 1Qtlurtci b"eatls - ~lmtidst 4W SF. ~IWOLR ROAD --- -- ~-- ~ ----~ ATLANTIC REACH, FLORIDA x2233-5445 MEMORANDUM TRt.e~HO:ve .904. 24~ssoo 1, i996 FAx~9~ia~247-saos st'sco~l as2~sxra TO: Jim Jarboe, City Manager FROM: Don C. Ford, Building Official RE: Building Permits Report Please be advised that the following permits were issued in the month of February 1996: TYPE PERMIT NO. PERMITS PERMIT COST CONST. VALUATION New Single Family 1 3,765.72 176,195 New Duplexes New Townhouses Additions/Remodels 14 1,51)6.00 119,926 Shimming Pools 1 30.00 8000 CommerdaUNew 2 3,909.80 281,647 CommerdaVRemodel 3 120.00 257,945 Garage/Carports Demolitions (Residential) 2 100.00 Demolitions (Garage) Demolitions (Commercial) Sheds 1 25.00 Fences 1 10.00 Driveways Signs 2 46.60 Tents Trees Utilities 7 11,715.00 Wells Roofing 7 225.00 19,763 Miscellaneous permits issued in connection with new constntction, additions, remodeling, etc: Number of Permits Permits Costs Electrical 23 780.00 Plumbing 27 1,063.00 Mechanical 15 738.50 Inspections perforned last month: Building Concrete Electrical Plumbing Mechanical Misc. 59 20 48 45 36 2 OccYlpalional License - 5 INFORMATION COMPILED BY PAT HARRIS -BUILDING DEPARTMENT CI!! W A=IiRIC //Aq CIi! C~Mi//Ia IQTI/C /!U1 /~! ACQIDA ITO(: Building Permits Report ~ ^n/ SUifITITa /T: Don C. Ford ~ ~ DAT[: Harch 1, 1996 i /AC/CROUIID: February 1996 Permits Report u~lml/A2I0/t AITAC^0tlS: ^L9ICYfD /! CI7! MA~AC~ti ~/ IlDI /0. ---~ Change Order No. 4 Cont'd... February 22, 1996 S3G Project No. 8505-17.01 pa8e 2 Atlantic Beach, Florida ,('iiQRPNT CONT[tlCT STAT US CHANCE ORDER N0. 1: $11,967.69 CHANCE ORDER N0. 2: $ 4,633.85 CHANCE ORDER N0. 3: $19,833.77 CHANCE ORDBR NO. 4: 515.651.00 TOTAL AUTHORIZED WORK TO DATE: $52,086.31 ORIGINAL CONSTRUGI'ION CONTRACT: $4,003,739.00 TOTAL AUTHORIZED WORK TO DATE: $ 52.Q86.31 CURRENT CONTRACT AMOUNT: $4,055,825.31 It 1e further mutually agraad by the CONTRACTOR and the OWNER that the changec when eoa~pleted by the CONTRACTOR sball lneresse the present Contract pries, which takes Into account any and all prsvioue changes in the original Contract price, by tha luary aua aoount of Fifteen Thowand Six Hundred Fifty One Dollars And Zero Cents, ($15,451.00) and an increase in Contrast t1w for completion of conatzuction of -0- days, ACCEPTED FOR THE OWNER sy: Date; Lyaan T. Fletcher Mayor AND GILLESPIE BNCIN&ERS, INC. Douglas E. Layton Vice President ACCBPTBD POR THE CONTRACTOR Dy; Stave E. Svaln VSce President Data Date: ~ebruazv 22. 1996 FEB-22-96 13.38 FROM. SMI1'N AND GILLESPtE iD. 90a 7996267 PAGE 2 CNANGg ORDER N0. 4 Date: February 22, 1996 To Contract daeed May 25, 1995 ben+een the firs of: Indian River Industrial Contractors, Inc. Post Office Box 23086 Jacksonville, Plorida 32241 (hereinafter referred to as the CONTRACTOR) and: The City of Atlantic Seaeh, Florida (hereinafter referred to ac the 04/NER} for the conetruetlon of: Hasterater Treataent Plant Expansion Progrm 56C Pro]ect No. 8505-17-01 In compliance rith Article 13 & Article 14, GENERAI, CONDITIONS, of the above referenced Contract, CONTRACTOR and OrNER dv both hereby agzee that the CONTRACTOR shall sake the folloring changes, additions or deletions to the work specified in the plans and specifications, upon .the approval of SNITN AND GILLRSPIE ENGINEERS, INC.: Aemove and diepoae of •and/grit from the existing Plant No. 2. Thi• additional work rsa nececsary prior to the insullation of the diffwars and associated piping authorised by Additive Alternate F. As the gwntity of sand/grit vas unknown until the plant was taken out of service and drained, this rock was not made a part of the original Contract. This rock required the use of specialised equipment and ras labor intensive. $15,268.00 General Contxactor'e Fee (Bond, Insurance b Handling): $ 383,,Q0 TOTAL ADDITIVE CHANGE ORDER N0. 4: $13,651.00 FEB-22-96 12.93 FROM. SMI TN AND CILLESPIE ID. 6a47ee6267 PACE 9 •ATTACIQIENT B• CIIANCB ORDEA ND. 3 WS?EIMTER 1'RRATl~NT p1wN'1' EXPArSIDn FROCRAII ATUlRIC gPJICR, FiARIDA 1, Gontraet drarings detailed the proposed supernate line Eros the existing digester to be connected to an ezlsting line at olavaCion 12 which is approxiutely three (3) feet below grade. Norever, during construction it ru discovered the line was approxisstsly eight (S) feae deeper rhieh rould haw created a hazard to the eziating etsueturee due to the close proxLity. Thls proposed change will alloy thin connection to ba uds without change in the design indnt. 2. This additional cork rill alloy for a sate reliable rater supply for the survival of landscaping and grassing to ba installed under this project. 3. Th1e additional rock rill provide for the aollectlon of filtrate aeepago frog the sludge collectors used in transporting sludge co the landfill for disposal. This is also to correct an existing violation of FDEP Rules and Regulations. 4. This additional cork io neoassary co upgrade the solisting atruature in order to esrve for the intended purpose, rhich la to utilize It ea a digester. The existing condition of this structure ru unknow during the design of the projeec. the item to bs resoved are in conflict rich the installation of the diffuesrs ..hleh la autborized by Additive Alternate F. 5. This additional rock is reQuised for the rsmons listed under Itssl No. 4 and to eliadaaa sad psotact the structure fros further deterioration due to corrosive •tnocpheze. •ATTACHNFNT A• CHANGE ORDER NO. 3 WASTEWATER TREAT!lENT PI/1NT BRPANSION PROGRAM ATl11NTIC BEACH, FiARIDA 1. Relocate suparnate piping at the existing digester to elisinate an elevation conflict in aacordancs with the Engineer's request for proposal dated January 23, 1996 and the Contractor's proposal dated Fabzuary 19, 1996: $1,106.97 2. Provide a backup waeer supply to the reuse irrigation systems in accordance rich the Engineer's Request for proposal dated Janwry 23, 1996 and ehe Contractor's proposal dated February 19, 1996 $2,481.59 3. Add a yard soup to collect filtrate seepage froo the sludge duspstsrs in atcardancs with ChE Engineer's rsquect for proposal dated January 23, 1996 and the Contractor's proposal dated February 20, 1996 $2,923.65 4, Rsaava and dlcposs of weirs, bafflac, piping, Blida gates, etc., from the existing Plant No. 2 In accordance with the Engineer's zequest for proposal dated February 8, 1996 and the Contractor's proposal datsd Febrwry 15, 1996 $6,929.60 5. Paint the exterior and walkway of Plant No. 2 in accordance with the Engineer's request for proposal dated Pebrwry 8, 1996 sad ehe Contractor's proposal dated February 15, 1996 86.391.96 TOTAL ADDITIVE CHANCE ORDER NO. 3: $19,833.77 FEB-22-96 12.92 FROM. SMIiH AND CILLESPIE !D. 6097996267 PAGE 3 Change Order No. 3 Cont'd... 56G Project No. 8505-17.01 Atlantic Beach, Florida CHANGE ORDER N0. 2: CHANGE ORDER N0. 2: CHANCE ORDER N0. 3: TOTAL AUTHORIZED WORK TO DATE: ORIGINAL CANSTRUCTION CONTRACT: TOTAL AUTHORIZED WORK TO DATE: CURRENT CONTRACT AMOUNT: $11,967.69 $ 4,633.85 &19.833.77 $36,435.31 $4,003,739.00 $ 36.435.31 $4,040,174.31 Fahruary 22, 1996 Page 2 It is further mutually agreed by the CONTRACTOR and the OWNER that the changes rhen completed by the CONTRACTOR shall increase the present Contract price, rhich takes into account any and all previous changes in the original Contract price, by the lump eua amount of Nineteen Tfioueand Eight Hundred Thirty Three Dollars And Seventy Seven Genes, ($19,833,77) and an increase in Contract tine for completion of coaatruction of -7- days. ACCEPTED FOR THE OWNER By: Date: Lyman T. Fletcher Mayor PREPARED: S ITN AND CILLESPIE ENGINEERS, INC. Douglas E. yton Vice President ACCBPTED FOR THE CONTRACTOR ay: Stew E. Srsin vice President Date: Data: ~sbruarv 22. 1996 FEB-22-96 12.42 FROM. 6NITN AND CILLEBPIE ID. 6x47446267 ~ PAGE 2 CliANOS ORDER Ii0 • _,~ Date: February 22, 1996 To Contract dated May 25, 1995 between the f1re~ of: IIId1an River Industrial Contractors, Inc. Poac Office Eox 23086 Jackaomrllle, Florida 32241 (haroinaftez referred to ao ehs CONTRACTOR) and: The City of Atlantic Beach, Florida (hereinafter teferred to as the OWNER) for the conaezuetion of: vaatsrater TYeatwnc Plsnt Expaneion Prograa S6C YroSec[ No. 8505-17-OL In eo~plianes with Artiele 13 b Article 14, CENP1tAL COMpITIONS, of the above referenced Contract, OONTR/-CTOR and OWPER do both hereby sates that the CONTRACTOR shall sake the follorinZ ahaDgea, additions or Gleeions to the work epeetfted in the plane and apaaiflestlona, upon the approval of SIIITM AND GILLPSPIE ENGINEERS, INC.: Nlaeellaneoue additional cork ae detailed on `Attaetelent A• and 'Attachesnt 6' hereto and Bade a pare hereof: TOTAL ADDITIVE CNANOE ORDER R0. 3: $19,833,77 - EXHIBIT A MINUTES, FEBRUARY 26, 1996 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ATLANTIC BEACH WASTEWATER TREATMENT PLANT EXPANSION - CHANGE ORDERS #3 AND #4 SUBMITTED BY: Robert S. Kosoy/Director of Public Works DATE: February 22, 1996 BACKGROUND: CHANGE ORDER The contractor has proposed to: - Provide the supernate piping S 1,106.97 - Provide backup water supply 2,481.59 - Add a yard sump to collect filtrate 2,923.65 seepage - Remove & dispose of weirs, baffles, 6,929.60 piping, etc. - Paint Plant #2 6,391.96 The total cost for this C.O. is ...............519,833.77 CHANGE ORDER ~:_ The contractor has proposed to complete the cleaning of the remaining grit and sand in Plant #2. The total cost for this C.O. is ...............515,651.00 RECOMMENDATION: Approve Change Order #3 and Change Order #4. ATTACHMENTS: Change Orde~ # and Change Ordez #4 REVIEWED BY CITY MANAGER: ~~.~. AGENDA I EM N0. Minutes, Page 6 Connelly & Wicker England-Thims & Miller Pitman-Hartenstein & Associates Post, Buckley, Schuh & Jernigan Smith & Gillespie Engineers Following presentations and questions by Commissioners, a vote was taken and the City Clerk reported that the firm of England-Thims & Miller was selected to provide professional services for design and pern»ttirtg of storm water master plan improvemems and related water and sewer work. The Commission ballots and tabulation thereof are attached hereto. $, ~h'~aotY~epor'ta and/or Correaoondeoce: Jim Jarboe ...reported that he had followed up on the complaint that dog owners were not cleaning up after then pets at the north end of Seminole, and he found the comphtirK to be justified. The Animal Control Officers was asked to concentrate on this area. ...reported that he was proposing to have a retreat for Departmerrt Heads at the Sea Turtle on March 7, 1996. Mayor Fletcher asked for suggestions for an appointment to the Tree Conservation Board. There being no further business the Mayor adjourned the meeting at 11:30 p. m. Lyman T. Fletcher, MayodPresiding Officer ATTEST: Maureen King City Clerk V V NAME OF COMMAS. M S Y N Minutes, Page 5 cd....a..~j~oo~ Douglas E. Layton, Vice President, Smith and Gillespie Engineers, Inc. explained the work that needed to be completed pursuant to Attachment A of Bob Kosoy's memorandum dated February 22, 1996 (attached hereto and made a part hereof -Exhibit A). (Commissioner Shaughnessy joined the meeting at 7:58 p. m.) An inquiry was made concerning whether cost overages were being tracked, to which Ann Meuse, Finance Director, explained there was a wntingency in the Barnett loan. Ms. Meuse indicated she would provide the Commission with information regarding the status of the Barnett loan. Motion: Approve Change Order #3 pursuant to attached memorandum (E:hibit A) at a tohl cost of 519,833.77 With reference to Change Order #4, which entailed the cleaning of the remaining grit and sand in Plant #2, Jim Jarboe, City Manager, explained this project should have been bid out pursuant to the city's purchasing code which required water/sewer projects over $S,Q00.00 to be put out to bid. Mr. Jarboe explained proper procedure was not followed and most of the work had already been accomplished. He explained disciplinary action was being taken imernally, and he summarized the measures he would take for handling future emergencies. Following discussion, it war decided to defer action until the next meeting . Motion: Defer action on Change Order No. 4 in the amount of $15,651.00 until the neat Commissan mating to give staff ao opportunity to chak to see if the vendor had ban noted of the city's purchasing procedure and thus should have requested a purchase order, before doing any work. The question was called and the motion carried unanimously. D. Presentations by enginaring firms proposing to provide professional services for design and permitting of storm water muter plan improvemeets and related water and sewer work. The following firms made presentations regarding their qualifications to provide engineering services in connection with the above work: NAME OF COMMITS. M S v Y v N MESERVE X X REED X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X ESERVE X REED X ROSENBLOOM X X SHAUGHNESSY X X ETCHER X Minutes, Page 4 °ehraurjr~li, i m~ Motion: Approve passage of Ordinance No. 15-96-8 and set Public Hearing for March 11, 1996 No discussion before the vote. The motion carried unanimously. B. Introduction and first reading of Ordinance No. 5-96-27 to provide fora 20 year statute of limihtions to foreclose Code Euforcemeot Board liens It was announced that action on this proposed ordinance would be deferred until the next meeting to allow for more comprehensive language to be included in the proposed ordinance. A. Authorize the Mayor and Clerk to execute Community Development Block Grant (CDBG) agreement with the City of Jacksonville Jim Jarboe, City Manager, gave a brief overview of the CDBG budget. Motion: Approve the CDBG Contract and authorize the Mayor to execute it on behalf of the City Following a brief discussion the question was called and the motion carried unanimously. B. Authorize City Manager and/or City Clerk to dnR letters encouraging State Legislators to rnact kgialation which would provide a dedicated funding source for bng- term beach preservation and repair The Commission authorized staff to draft letters encouraging State Legislators to enact legislation which would provide a dedicated funding source for long-range beach preservation and repair. It was requested that a resolution be drafted for action at the next Cortunission meeting. C. Approval of Cbange Orden Nos. 3 and 4 on Atlantic Beach Wastewater Treatment Pleat Expansion Plant Project in the addkive amounts of 519,833.77 and 515,651.00 respectively NAME OF COMMItS. M S V Y V N MESERVE X X REED X X ROSENBLOOM X FLETCHER X MESERVE X REED X X ROSENBLOOM X X FLETCHER X Minutes, Page 3 ~.,.~.,, ~~ r oo~ unanimously. Mayor Fletcher arrived at the meeting at 7:35 p. m. B. Resolution No. 96-6 - A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO ACCEPT A BOND INSURANCE AND RESERVE ACCOUNT SURETY BOND COMMITMENT; PROVIDING AN EFFECTIVE DATE. Mayor Fletcher presented in full in writing Resolution No. 96-6. Motion: Approve passage of Resolution No. 96-6 [t was explained passage of the resolution would authorize the City Manager to accept a bond insurance and reserve account surety bond commitment. Following brief discussion, the question was called and the motion carried unanimously. 6. Action an Ordinances: A. Ordinance No. 15-96-8 -First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPLEMENTING ORDINANCE NO. 15-95-7 OF THE CITY WHICH AUTHORIZED THE ISSUANCE OF NOT EXCEEDING 524,500,000 UTILITIES SYSTEM REVENUE BONDS, SERIES 1996; PROVIDING FOR CERTAIN DEFINITTONS; PROVIDING FOR CERTAW FISCAL DETAHS OF SUCH BONDS AND FOR DELEGATION TO THE CITY MANAGER OF THE AUTHORITY TO FIX THE REMAINDVG DETAHS WI'I'HIlV CERTAIN PARAMETERS; PROVIDING FOR THE MANNER OF EXECUTTON, REGISTTtATTON, AND EXCHANGE OF SUCH BONDS; PROVIDING FOR THE USE AND APPLICATION OF CERTAIN PLEDGED REVENUES; PROVIDBNG FOR THE RIGHTS AND REMEDIES OF, AND MAKING CERTAW COVENANTS AND AGREEMENTS WITH THE REGISTERED OWNERS OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. Mayor Fletcher presented in full, in writing, Ordinance No. 15-96-8. NAME OF COMMAS. M S V Y V N MESERVE X X REED X X ROSF.NBLOOM X FLETCHER X i Minutes, Page 2 Gd....~.a. 7!. 7 00l. J. P. Marchioli, 414 Sherry Drive, complained concerning the manner in which work was conducted on Sherry Drive. 3. Unfinished Business: A. Appointment to the Tree Conservation Board Commissioner Rosenbloom announced that he would defer action on appoimment to the Tree Conservation Board until the arrival of Mayor Fletcher. 4. Consent Agenda• A. Acknowledge receipt of Public Works Projects Status Report Motion: Approve pasuge of Consent Agenda No discussion before the vote. The motion carried unanimously. A. Resolution No. 9(r7 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING A NO INTEREST LOAN TO THE DONNER COMMUNITY DEVELOPMENT CORPORATION TO CONSTRUCT WATER AND SEWER IMPROVEMENTS FOR THE FRANCIS COVE AFFORDABLE HOUSING DEVELOPMENT; PROVIDING FOR A LOAN AMOUNT; PROVIDING FOR A METHOD OF PAYMENT; IDENTIFYING A SOURCE OF FUNDS Mayor Pro Tem Rosenbloom presented in full in writing Resolution No. 96- 7. It was explained the resolution authorized a no-interest loan of 521,544.1]0 to the Donner Community Development Corporation for the funding of the installation of water and sewer improvements for a DCDC devdopmart to be ktrown as Francis Cove. The City Attorney was asked to draft an agreement indicating that the loan would be repaid when S.H.I.P. funds were received or when loans on the individual homes were closed, whichever occurred first. Motion: Approve passage of Resolution 9fr7 Following a brief discussion the question wss called and the motion carried NAME OF COMMAS. M S V Y V N MESERVE X X REED X X ROSENBLOOM X MESERVE X X REED X RDSENBLOOM MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, FEBRUARY 26, 1996 PRESENT Lyman T Fletcher, Mayor John Meserve Tim Reed Steve Rosenbloom Suzanne Shaughnessy AND: ~m oe, i y anager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Pro Tem Rosenbloom, since Mayor Fletcher indicated he would be late. The invocation was followed by the pledge to the flag. ], ~purovsl of the minutes of the Refular Meeting of February 12. 1996 Motion: Approve minutes of the regular meeting of February 12,1996 No discussion before the vote. The motion carried unanimously. j, Reco_nition of Visitors: Dick Brown, City Councilmember representing the Beaches Communities, presented a check for $30,000 to be used for construction of the Donner Community Center. Commissioner Rosenbloom thanked Mr. Brown for his help and support. Alan Potter made reference to presentations scheduled to be presented by engineering firms later in the agenda with reference to providing professional services for design and permitting of storm water master plan improvements. Mr. Potter indicated his concern relative to whether staff checked references and documents submitted by the firms. It was explained that verification was provided by staff and the process was conducted wrrectly and according to law. ME OF COMMRS. d O T I O N S E C O N D V O T E D Y E S i V o T E D I N O MESERVE X i X I i REED X X ROSENBLOOM X I "I If arty person decides to appeal arty deasion made by the City Cortunission 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 wbmit 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 Chambers. In accordance with the Americans with Disabilities Ad and Section 286.26, Florida Statutes, persons with disabilities needing speaal accommodation to participate in this meeting should contact the City Clerk's office no later than 5:00 PM, March 8, 1996. -3- 6. Action on Ordinances: A. Public hearing and final reading of ordinance No. 15-96-8 providing for the issuance of Utilities System Revenue Bond, Series 1996, in an amount not exceeding $24,500,000 B. Introduction and first reading of Ordinance No. amending the code enforcement ordinance (Karl Grunewald) New Business: A. Public hearing and action on a request for aUse-by-Exception filed by Jacksonville Cellular Telephone Company, dba AT&T Wireless Services, to construct a I50-ft. Communications monopole with top mounted antennas (George Worley) B Authorize the Mayor to execute Audit Engagement Letter with Purvis Gray & Company for the audit for the fiscal year ending September 30, 1996 (Ann Meuse) C. Appointments to the Cultural Arts Board (I) and Recreation Advisory Board (1) D. Accept for public maintenance water and sewer in Hidden Cove, Phase 1 (Bob Kosoy) E. Authorize the purchase of benches, trash receptacles, and recycling bins for Howell Park in accordance with the specifications of Bid No. 9596-8, as follows: (1) 30 benches from Plastic Recycling at the bid price of $5,730.00 (2) 29 32-gal. Trash receptacles from Suburban Waste at the bid price of $4;118.00 (3) 1,479 recycling bins from Rehrig Pacific, Inc. at the bid price of $6,661.65 F. Authorize execution of Conceptual Approval Agreement with Florida Communities Trust for the reimbursement of the Tresca property purchase (George Worley) G. Authorize contract with Creative Environs, Inc., to furnish and install a double faced reader board sign on Seminole Road at City Hall at a cost of $2,063.00 H. Accept the bid of Hartell Construction in the amount of $190,219.00 for remodehng the Pubhc Safety Building pursuant to the specifications of Bid No. 9596-6; authorize the City Attorney to draft a contract for this work; authorize the Mayor to execute said contract (Dir. Thompson) I. Ratify agreement between Northeast Florida Public Employees' Local 630 and the City of Atlantic Beach ] Report and related action concerning the College JamSplash planned for Apri! 12 - 14, 1996 (Dir. Thompson) 8. City Manager Reports and/or Correspondence: 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment -2- CITY OF ATLANTIC. BEACH March 11, 1996 AGENDA Call to order Invocation and pledge to the Ong I Approval of the minutes of the Regular Meeting February 26, 1996 2. Recognition of Visitors: A Presentation by Atlantic Beach Recreational Championship Chcerleading Team 3 Unfinished Business: A. Approval of Change Order No. 4 on Atlantic Beach Wastewater Treatment Plant Expansion Plant Project in the additive amount of 515,651.00 B. Appointment to the Tree Conservation Board 4. Consent Agenda: A. Acknowledge receipt of Building Department report for February (Don Ford) B. Acknowledge receipt of status report on Capital Improvement Projects C Acknowledge receipt of Code Enforcement report for February (Karl Grunewald) D. Acknowledge receipt of Parks & Recreation facilities report for February (Timmy Johnson) 5. Action on Resolntions: A Adoption of Resolution No. 96-8 expressing gratitude to the Florida Division of Safety for its commitment to the safety of Atlantic Beach employees (Karl Grunewald) B. Adoption of Resolution No. 96-9 requesting the 1996 Florida Legislature to provide adequate funding for beach preservation and repair C. Authorize the purchase of a 1996 12-passenger Dodge Ram Van at the state contract price for the Parks Department and adopt Resolution No. 96-10 to provide funding for this purchase (Timmy Johnson) D. Adoption of Resolution No. 11 authorizing a contract for part-time building inspection (Don Ford) E Adoption of Resolution No. 96-12 establishing the old wre city as Atlantic Beach Historic District (Commissioner Rosenbloom) F. Adoption of Resolution No. 95-13 supplementing Ordinance No. 15-96-8 providing for the award of Utilities System Revenue Bonds, Series 1996 G. Adoption of Resolution No. 96-14 directing the City Manager to implement basic repairs and upgrades to Jack Russell Park, limiting such expenditure to 566,000.00 M~~k 1994