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Entry Properties
Modified	5/30/2007 9:19:30 AM
Created	5/11/2007 9:16:04 AM
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11-23-98 Photo No. 12 - Creekside Grive iIOTE: STOP.I4 SE'dER OUTFACE - LOOY,ING gORTH 14 f ho to No. II - Hickory Lane ROTE: TYPICAL DRAIP;AGE OUTFACE Photo Iio. 10 - Sea Oats Circle TOTE: PAVEMENT SETTLEi4ENT AiiD LOi1G_TUDINAL CRACKING 13 Photo No. 9 - 19th Street i10TE: PAVEMENT SETTLEMENT f~ ''~ NDTE: EDGE OF PAVEMENT RAVELING NOTE: TRANSVERSE PAVEMENT CRACKING 12 Photo No. 7 - Hickory Lane Photo No. P - Selva Marina Drive NOTE: LONGITUDINAL PAVEMENT CRACKING w~ - ni :~:J- ~i~ ~y~. ~1 .l ~ ~>,- ~ F _ ~~~ `~ Q - \ . l C ` __ _ _ y ~ > t 4'' ~a ' : ;: ~ v +~~t 4~r'J J Photo No. 6 - 19th Street NOTE: LONGITUDINAL PAVEMENT CRACKS Photo No. 5 - 19th Street hOT~: LIi-0ITED P.Oi,''SiOE RECOVER'f kP.Er""~. I:OTL. Si :'LPE R~YERS~ CUB"/c _..--- -- --------------- - _ 5 ___ _._ ._ _ _. _ _. - - -- - ---- -----T Photo I;o. 1 - Hickory Lane P!..,LO .~,. 7 - l~~th ;Lre~.t JOHN !. ELUS. P.E GREG A. [OMON05. -.! TER RILL V. SMITH. P. [. ~11~ & ,~~snriatr~, ~nr. PO. e0% eel ] • JACRSONVILLE iLOR10A ]33]9 90~-7]]-0960 ole.. No 83-376 Repo., No 1 LW No. Date: 5-09-83 ~EPORT OF: Asphalt and Limerock Thickness %RGJECT: Atlantic Beach Streets Evaluation DEPORTED T0: England 8 Thims, Incorporated 6136 Atlantic Boulevard Jacksonville, Florida 32211 DATE SUBMITTED: 5-06-83 DATE TESTED: 5-04-83 ASPHALT LIMEROCK 'i0. THICKNESS THICIGNESS SUBGRADE LOCATION 1 5/8" 4.5" Not Stabilized Selva Marina Drive 75' North of Saturiba 2 1.0" 7.0" Not Stabilized Selva Marina Drive 25' North of 19th St. Contains Roots 3 1 5/8" 5.0" Not Stabilized 4 1 5/8" 8.0" Not Stabilized Contains Coquina and Roots 5 1 1/8" 5.0" Not Stabiized Some Roots 6 1.0" 5.0" Not Stabilized Some Roots 7 1 1/8" 4.5" Not Stabilized - Trace of Organic Material 8 1.0" 4.0" Not Stabilized 9 1 1/4" 4.75" Not Stabilized Some Organic 10 1 5/8" 4.0" Not Stabilized INSP ECTORS: C. O'Steen 8 J. Ellis, II 'Et/kjd :~:c:client 8 19th St. 50' North of Sherry Drive North End of Hickory Lane 19th St. 200' East of Oak Circle Creekside Drive 100' North of 19th St. 19th Street at Seak Oaks Drive Live Oak 300' worth of Saturiba South End of Hickory North of Sherry 500' North of Saturiba Respectfully submitted, ELLIS 8 ASSOC/I/AT/E~S, INC. G~ J n Ellis, P.E. 1 1 ~ 1 -: N m v V .,: ~: ":: GALE O ~ LANE x Q 0 I' 20NF. C PP~MWO~~ REPRODUCED FROM 1 FLOOD /NSU~pA/JCE RATE MAP ATLA.VT/C F,3EACN FL OATEO =APR/L /~, /983 1j ~ , I ZONE A I /00 YEAR '" FLOOD PLA/N :. m I D I "e"~' ~ I I FLOOD PLA/N MAP ~ D~K,LAND G hgM~S, WG ~~a~E~~ ~~~ ~- ~N~'7 5~1~'D 3/x/7 N O a ~ 4 ~ 3 ~` °~ .~ V 2 h v 4 W ~ J ~ ~ ~. yv N ~Q W w ~°~ ~ ~~ ~ I '~ i ~ ~N o ~ S° J i i d ~0 v ~ Q ~ ~ W 'j ~ ti ~ ~ ~ Z ti ~ p~ Q N~ ~ y Q ~ W p I ~ ~ v o- x 3Nb'7 iC~O}1aIH -- ~ O 1 Yyy~ U~ ~ gsi Q~ I ®~s I N i~ ~h ~~ ~~ ~~ W J Q h 6 -~ 37Ja1/J ~b t m i ~ ~ W h O` ~ ~ -.~- ~ o O -F ~iYb7 ~O 5/J/ H j0 ~Q ~~ O J~ ~Q~ ~Q ~~ o~ N~ h ti Q Q ~~ h~ ~Q 1 m I h 0 V .i h v~ =W Q~ oy rrww _J v Q. `: 4 ~~4 g~ ~ ~4~ ~' t~ u ti~ ~~ n ~ h u ,~ ~~ W J Q 5 ~Ir NO SCALE. 3ELVA l~Jlr4R/lV Dl?/ VE ~~NMKOey~ ~ ~ /4 ~zo out __~ N 2 G' ~ ~ TRAfF/C W FLOW W CO/VfL /CT h r O~ SELVA MAR/NA OR/VE 8 /9 fh STREET /NTERSECT/ON ENGLAND G TI#MS. NG ~GGNBILTI.O old ~af1~ iufMM 4 I=~FOPOSEIJ N - S. I I =MEN T- C/400'tL_Fj yI ~ ~"PROPOSEO Q OUTFACE piTC H ~" EgSeMEnIT ~O ~OSEl.7 E_W. OUTFACE DITCH -I 1 ~_ ,i y - - - - 1 f~; I ~ W SMT o I I ~ isT n, l o ~ I 9 isr. a' nCr i-j+ ~' ..o P I E= sr ~ 8 ~]= T i r4 ~`~ U II ~ I. 8 11 ~~ g 9 i~~ 3 I 6 ~ W ~ 4 12 ~ ~W tiW U ~ ~ N~ S 2 ~ 2io II 14 ~ 13 Q ~ 12 I II vU 4 I ~U 8 9 -~- -`~ ~ It ~'- ~ ~ 13 ~ 12 ~ 1~ 2 ~ 3 ul I 14 s' ; .8 I Q ~ 14 9 - ~ ~ a 7 ~ I 15 I ~ 1 ~~0' ~ ~ s _ 2(~ V =° V ! ICI '-~' ~ - DALE CAnlE W - i <: 3 'C i 217 IZ v ~~~~ 2 I / ~ `~.~ ~ . . ~ zo ~~~ r:/ ~~ ~' I ~~~~~ i ~ .~ 4 1 ~ ~-_ I ' ~, -` i , 3 /9rH S REE I i 5 I 12 1 i 3 IS 25'FjMT. 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'( S_ 1 EZI r} \ y{~/ 3 - T,o01~ F~Inr•.i,n r ~.2`at.2'V- a'e~. a~ ~ito•,r; sLn- za7 7 ' >a"~L'n E a5~ ># JO c~ '.).° Ka[ner ne (ibba ~" Y_. ~.E- ~ Y;:_ ~~, .,J °Wis (~B[1a~a Park ~ ~ ,v 3;a V _ 1 tltl tltl ~ ~_- a5T if~ aF ~ ~ ^K~ ~' pC ~~+Y-~ .~ E ~~Tq s u I zz c R iy.k~i. -~a~ ~ ~(3TS. . ern` + a °~a°¢:~W ~ r N ,{~ r Yi1 -.`~T~'~ > __. f~ _• -cult UR _ ~ ~ zos - ~ ~•`[i ` ~ ~' rI .7. ` EANOOU a'JJ ~ pON~ fIR ~¢° QRO ER azs..zx,~, ~ _[ PJND tE `N6 af> }~ cs uc - ? .. 1aC'=(r [o 'ea ~~=°WO MAnMEfAn •ueb •eCtj c°J !2W - s° ~ is OP ~- 4 EANEASY '+' z GAVAGAN E i - - r :•,~~ _[~~ OR y 7 RO ° ~ Lar.1P - ~ ° IIn.~Jr1 u ~.~. P (1n1~++ (•_'IPm l n 4F 'Ja .. t. { S T M :.E _ +i~ 'J + 227 PO - - _ 15TH Qf .. ,3'11..i ~_; ShN,pp P PO l }\~\~ ~"J"" - - a:~~ _ Study Are ,.~~ r - IANOING R01 _ _ _ _ ,- ~Z -~j ' i$5 I H / {. 25a \ __ ~ ai... ~ ~ ° _ a '9ia Ci - ~. MIR .. Trailer ~\ '__^ ."'. z I _ '~r _ •' Park ~ Y p1 ` m j1(. e P cge~a W .E KIST ' - i 5, ICJ R. -4. f n _ x011 J ~~ m LN Q ] X~ : _ O . _ .._ ~JP'~ 1 ocoa4sT I/\ - ~-g1.R0 a_ ~5E At afina W E~/IEES .. JIB _ _., aVE ._euEC'.' <RL ~ r Country ,WU ~u 1PY CE 3 la .R n 1500 lE'NIS 4 i R 1~ +n+7 JaEti - . R: 1,a. IC LEVY _:N~, .:L. _ - _ ~ N~ ATLANT ~ ~ -a - ' . Ru 'Ir"r~N •}Na'J51 nJ' ^ P, ~~ ~ n St ~~' Sin Si •- R ~'•$iR P~ BEACH .. - . vONU.; I[ R 51 ItR S - r - RE~i } OR -~R ,,ii P .'J:ERNE 9' ~ '. - _ r,. - s, ,tl~ ,1 I P,cV J9.. ~. kY~NL F.N Q 6l' 'r"•~) _JX.. i CI 1 C Mp-P, C~ l - ~ ~ '~qi ~'l- 11,[ Ij' ) I' JRdI Cf I,•m. i ~' n,9 R ~ IN LEMON C'Q 9 J m R.ty ON c~ ~FP ~PaNLE J I F J LOCAT/ON MAP ~ ~ i`NGL~ID G hIIM~S, ING C(]NSIJETWG M+O OES~GIM ENGInEEERS •ra anrna ~."°.' Ma~W.RC'aarr r _ A P P E N D I X II~. DRAINAGE IMPROVEMENTS (CONTINUED) Description Cost Estimate 7. East-West Outfall Ditch $ 13,285.00 8. North-South Outfall Ditch $ 18,613.00 ITEM II SUB-TOTAL $124,436.00 III. PAVEMENT IMPROVEMENTS Description Cost Estimate 1. Resurfacing Fund (1983 dollars) $ 22,692.00 2. Roadway Shoulder Stabilization S 12,440.00 ITEM III 5U6-TOTAL $ 35,132.00 Construction Costs $206,668.00 10% Contingency 5 26,667.00 TOTAL CONSTRUCTION COSTS $227,335.00 Engineering Services $ 22,460.00 Surveying Costs $ 5,000.00 * TOTAL ESTIMATE $254,795.00 * ITEMS NOT INCLUDED 1. Cost of easement acquisition. 2. Soils investigation. 3. Construction representation. -15- COST ESTIMATES I. ROADWAY GEOMETRY MODIFICATIONS I Description Cost Estimate 1. Selva Marina - 19th Street Median $ 5,000.00 Modifications 2. No. Sherry Drive - 19th St. Median $ 1,000.00 Modifications 3. Oak Circle - 19th Street Median $ 1,000.00 I Modifications 4. Sea Oats Circle - 19th St. Median $ 1,000.00 I Modifications 5. Live Oak Lane - Dale Lane Median $ 1,000.00 1 Modifications 6. 19th St. - Oak Circle to Hickory $ 20,000.00 Reconstruction ' 7. Dale Lane - Reconstruction 5 10,000.00 8. Tree Removal 5 8,100.00 ITEM I SUB-TOTAL $ 47,100.00 II. DRAINAGE IMPROVEMENTS Description Cost Estimate 1 1. No. Sherry Drive Swale Construction $ 1,900.00 2. Hickory Lane Swale Construction 5 1,900.00 3. Oak Circle Swale Construction $ 1,900.00 j 4. 11 Creekside Circle Swale Construction 5 2,56C.00 5. Sea Oats Circle Swale Construction $ 1,900.00 j 6. Creekside Drive Storm Sewer Outfall $ 82,278.00 _lq_ -----~ 1~ IV. MISCELLANEOUS RECOMMENDATIONS 1. An as-built survey should be prepared to determine if all of the road- way pavement is located within the street right of ways. 2. Easements should be acquired over all existing drainage ways. 1 i 1 1 I 1 1 1 1 l 1 '~ -13- ' 4. A North-South outfall should be constructed 1400 L.F. from the end of Creekside Circle to the existing East-Nest drainage canal which runs along the City limits. This North-South outfall would be a reconstruction of the existing ditch where possible. A 60 foot easement would be required across the undeveloped property to the North. The outfall should be constructed as follows: A. Clear and grub - 60 ft. easement. B. Construct ditch with 8 ft. bottom width and 3:1 side slopes. C. Stabilize 15 ft. maintenance berm. D. Grass and mulch all disturbed areas. III. PAVEt•1ENT IMPROVEMENTS 1. The existing roads are deteriorating due to poor subgrade conditions. This cannot be corrected without reconstruction of the entire roadway system. Since this is considered an impractical solution, it is recom- mended that a maintenance fund be established to provide street re- surfacing at more frequent intervals. The normal service life of a roadway surface is 20 years. It is estimated that the stre_t surface within Selva t4arina Units 10, 11 and 12 will have a service life of 10 years due to the outlined deficiencies. Since the streets are currently 3 to 5 years old a one time resurfacing fund is proposed. This fund would be based on present worth dollars for resurfacing that would occur 7 years hence. Interest has been computed at 8`~ with con- - struction costs based on constant dollars. It should be noted that resurfacing these streets will not salve the foundation problem and therefore longitudinal cracking can be expected to occur in the new surface. However, resurfacing will provide another 10- years of service life. 2. The shoulders along the existing roadway should be stabilized with lime rock for a minimum of 12" outside of the pavement to prevent raveling of the edge of pavement. ' ~ -12- 6. Due to the curvelinear nature of the roadways and the limited road- side recovery area available the roads should be posted with a 15 m.p.h. speed limit. Additional signage should be considered for pedestrian as well as vehicular safety. II. DRAINAGE IMPROVEMENTS 1. The drainage swales at the end of each cul-de-sac should be con- structed in the following manner. A. Clear and grub - 20 foot easement. B. Regrade a 2'bottom width Swale with 6:1 side slopes 18"-' deep from the end of the cul-de-sac to the proposed East-West out- fall ditch. C. Sod 20 foot wide Swale. D. Construct concrete spillways at the end of the cul-de-sac and where the Swale discharges into the proposed ditch. i 2. An East-West drainage outfall should be constructed along the North boundary of the project from North Sherry Drive to Sea Oats Circle. This outfall would discharge into the proposed North-South outfall located at the end of Creekside Circle. (See map in Appendix.) ' This outfall would require a 50 foot easement on the undeveloped d property to the North. The outfall ditch should be constructe as follows: A. Clear & grub 50 foot easement. B. Construct ditch with 3' bottom width and 3:1 side slopes. C. Stabilize a 15 foot maintenance berm on the North side. D. Grass and mulch all disturbed areas. ld Ci h Th i Sid l d l C rc ou ping a ong reek e e s 3. e existing undersize storm p be replaced with approximately 6501 L.F. of 60" RCP including inlets, endwalls, etc. This pipe size is subject to minor modifications based on final design and analysis of the upland drainage basin. These improvements would require a 25 foot easement from the property owners along the route of the storm sewer. ly ~J RECOMMENDATIONS Pursuant to the City of Atlantic Beach's request contained herein is a list of recommendations and corresponding cost estimates to bring the roadway geometry, paving and drainage facilities of Selva Marina Units 10, 11 and 12 into compliance with minimum standards. It should be under- stood that the recommendations presented are rehabilitative in nature and not intended to provide "City Standard" subdivision streets with curb and gutter, piped storm sewer systems, sidewalks, etc. Rather, the modifi- cations proposed are intended to allow the original development concept '~ to function while maintaining public safety and adhering to minimum de- sign criteria. The following recommedations are based on the City of Atlantic Beach accepting the roadway and drainage facilities. I. ROADWAY GEOt4ETRY MODIFICATIONS 1. The following intersections should be modified to provide 25 feet turning radii: A. Selva Marina - 19th Street B. North Sherry Drive - 19th Street C. Oak Circle - 19th Street _~ D. Sea Oats Circle - 19th Street E. Live Oak Lane - Dale Lane 2. 400 feet of 19th Street between Hickory Lane and Oak Circle should be reconstructed to provide a minimum of 200 ft. sight distance and to remove the existing reverse curve. 3. 200 feet of Dale Lane should be reconstructed to provide a minimum of 200 feet of sight distance. 4. The median at the intersection of Selva Marina Drive and 19th Street should be reconstructed to eliminate the traffic flow conflict. 5. All trees within 2.5 feet of the travelway should be removed to be- lov+ natural ground. It is anticipated that as the stumps deteriorate some settlement in the adjacent pavement can be expected. However, the cost cf removing the stumps and repairing the pavement appears to be prohibitive. -10- CONCLUSIONS The roads and drainage facilities in the development known as Selva Marina Units 10, 11 and 12 have not been constructed in accordance with ac- ceptable criteria established by the City of Atlantic Beach and the State of Florida for public streets. In particular, portions of the road network are deficient geometrically relating to turning radii, sight distance and roadside recovery area. The structural condition of the pavement is considered in poor condi- tion for a relatively new road. This is caused by an unstabilized subgrade, poor compaction and the ponding of water on the pavement surface. The drainage system functions adequately in the upper elevations of the Study Area. However, the drainage in the lower elevations, particularly the five cul-de-sacs is inadequate and subject to flooding during moderate rain- fall. This condition is expected to worsen as the development matures. The major drainage way which drains through the development along Creekside Circle ' is inadequate and may cause major flooding upstream from a 5-year Design Storm Event. ' In conclusion, the roadway and drainage facilities of Selva t4arina Units 10, I1 and 12 are considered unacceptable for dedication as public streets in their existing condition, based on the minimum criteria outlined in the ~' "Manual of Uniform Minimum Standards for Design, Construction and t4aintenance j ' for Streets and Highways." -9- VIII. OAK CIRCLE CUL-DE-SAC DRAINAGE This street's drainage system is similar to Hickory Lane's although not as severe. No evidence of homes flooding was observed. (See Photo No.ll), IX. SEA OATS CIRCLE CUL-DE SAC DRAINAGE Sea Oats Circle drains in a similar fashion to the cul-de-sacs previously described. However, the drainage basin is much smaller, 3.6± Ac., and the natural ground appears to be some higher. X. CREEKSIDE CIRCLE CUL-DE-SAC DRAINAGE Creekside Circle has the only piped storm sewer system in the Study Area. This system is composed of 24" to 42" CMP which conveys stormwater runoff from an upland drainage basin of approximately 106± Ac. in size. (See Appendix for pipe location.) This is a complex drainage system with two interconnected tf ll A " ou a s. portion of the drainage basin is outfaTled by a 36 CMP along Saturiba Drive draining to the Selva Marina Lagoon System. The second outfall is the pipe along Creekside Circle. A detailed analysis of this large drain- age basin is beyond the scope of this study. However, a preliminary hydraulic analysis shows the existing system through Creekside Circle to be signifi- cantly undersized for a 5-year design storm event. (Standard design criteria for subdivisions). Additionally, no easements were reserved by plat to main- -. tain the existing outfall where it encroaches onto Lots 2, 3, 4, 5, 6 and 7 of Unit 12. (See Photo No 12) ~ . . The drainage outfall for this piped system consists of a poorly maintained ditch that flows approximately 1400 feet to the North where it outfalls into a drainage canal which runs westerly to Sherman's Creek. The outfall ditch is undersized and partially obstructed causing the piped system to be surcharged even during dry weather. ~~ '~ '~ -$- ~ IV. LIVE OAK LANE DRAINAGE The Live Oak Lane drainage functions very similarly to Sherry Drive. The exception is this street terminates as a cul-de-sac before it reaches 19th Street. Therefore positive runoff is partially blocked by the lots on 19th Street. This causes minor pondin9 to occur in isolated low areas, particularly between Lots 6 and 7 of Unit 12-C Replat. As long as these low areas remain undisturbed providing storage for percolation, the exist- ing drainage system will continue to function. V. HICKORY LANE DRAINAGE (NORTH OF 19th STREET) This street's drainage facilities approximate that of Sherry Drive. VI. NORTH SHERRY DRIVE CUL-DE-SAC DRAINAGE This cul-de-sac is at the lovrer end of a 9- Ac. drainage basin. The de- l d f ve ope runof from this area is conveyed by sheet flow to the end of the cul- de-sac. Drainage outfall is provided by a poorly defined Swale located be- tween Lots 10 and 11. This Swale discharges into an irregular ditch located on the undeveloped property to the north. This ditch is filled to its banks with water which appears stagnant. The homes on this street are built significantly higher than the roadway. Therefore it appears no homes are in danger of flooding; however, the street experiences minor flooding and pondin9 which will reduce its service life. VII HIC ORY . K LANE CUL-DE-SAC DRAINAGE The Hickory Lane cul-de-sac drainage functions similarly to that of the North Sherry Drive cul-de-sac. That is, it accepts runoff from the higher elevations of Hickory Lane and attempts to convey this runoff via a Swale be- tween Lots 6 and 7. However, two fundamental differences are evident. First, the land adjacent to the end of the roadway does not have the elevation re- quired to provide relief from flooding. Secondly, no defined outfall ditch exists to the north. i The garage of the house located at 1915 Hickory Lane is subjected to intermittent flooding. Its finish floor elevation is .86 feet (10~ inches) above the elevation of the pavement. Water has been observed 12"± deep on the roadway during moderate rainfalls. The end of the cul-de-sac generally has water pondin9 2-3 days after a rainfall. This of course degrades the roadway base in this area. -7- DRAINAGE ~ I. GENERAL The drainage facilities for the majority of Selva Marina Units 10, 11 and 12 consist of an overland flow system which carries runoff onto the pave- ment surface. Normal practice would dictate using roadside swales on streets without curb and gutter. This provides a positive drainage system and pro- tects the roadbase from degradation from high water tables. However, in this development the travelway becomes the drainage conveyance system. The North- South cul-de-sacs follow the natural South to North slope of the land and carry the stormwater runoff to its discharge point at the northerly end of each cul-de-sac. From this point the runoff is discharged off the end of pavement, between lots, via a poorly defined Swale. (See Photo No. 11). At the North boundary of the subdivision the Swale discharges runoff onto the undeveloped property to the North. The Study Area is generally composed of loose sandy soils which in their natural condition have high percolation capacities which limit runoff. How- ever, as the land develops a significant portion of the soil is covered with impervious roads, houses, driveways, patios, etc. This limits the soils available for percolation and correspondingly increases the rainfall runoff to the ends of the cul-de-sacs. As the development matures, typically the amount of impervious area will increase. The ultimate runoff rates from full development of the Study Area will be more than double the pre-developed runoff rates. Additionally a substantial portion of the Study Area lies within the 100 Year Flood Plain. (See Flood Plain Map in Appendix). II. SELVA MARINA DRIVE DRAINAGE Selva Marina Drive has no improved drainage system. As with most of the Study Area this street relies on overland flow for drainage relief. No major drainage problems were identified. However, most of the lots remain unde- veloped. III. PiORTH SHERRY DRIVE DRAINAGE (SATURIBA TO 19th STREET) The drainage on this street appears to function quite well. This is due primarily to the homes and roadway being constructed on the higher ground. This allows the runoff to be conveyed via the roadway northerly across 19th , Street. -6- PAVEMENT ANALYSIS I. GENERAL Structural pavement requirements vary based on the subsoil conditions and the traffic loadings anticipated. However, the generally accepted pave- ment design used for residential streets is listed below. Surface Course 13" DOT Type II Asphaltic Concrete Base Course 6" Limerock (LBR 75) compacted to 100e maximum density Subgrade 12" Stabilization (LBR 30) compacted to 95A maximum density The pavement investigation of the streets within the Study Area was limited to a visual inspection of all the pavement surface and a series of 10 corings to determine subsurface construction. (See Appendix for Coring Logs). The results of this investigation revealed a majority of the roadway is in poor condition for having been in service for less than 5 years. In particular the pavement is stressed with multiple longitudinal cracks. (See Photos No. 5 & 6). Additionally, in several isolated areas the pavement shows signs of settlement. (See Photos No. 9 & 10). The pavement corings indicate an avers a asphaltic concrete surface course of 13" with an average limerock base course of 5". The samples taken from the Subgrade indicate the native material has not been stabilized. This Subgrade material is generally a fine loose sand which would normally require mixing .with limerock to achieve an adequate foundation material for residential road construction. No evidence of stabilization was found. This lack of stabi- lized Subgrade coupled with poor compaction is the cause of the longitudinal pavement cracks. As the cracks allow water to penetrate into the limerock base, hi h i h d i l l f h w c s water so ub e, t e eter oration o t e roadway will increase. As the base degrades, a depression in the pavement will form, trapping more water and accelerating the process. (See Photo No. 10). This is the beginning of a "pot hole" being formed. The roadside shoulder is also composed of unstabilized sandy soils. This condition causes the pavement to ravel along the edges of the travelway. (See Photo No. 7). This problem is amplified by the curvelinear streets which are more subject to vehicles traveling near the edge of pavement. '~ ' ~ -5 solute minimum recovery width of 2.5 feet was utlized to evaluate the roadways for safety. Based on this criteria, the following number of trees would re- quire removal: Street Number Primary Type Selva Marina Drive 15 Hickory 8 oaks North Sherry Drive 11 Palms Hickory Lane 26 Palms Live Oak Lane 8 Oaks Oak Circle 2 Palms Creekside Circle 4 Palms Sea Oats Circle 1 Oak 19th Street 14 Oaks & palms In addition to these trees which are in the minimum roadside recovery area, various other obstructions, such as mail boxes, fences, palm logs, etc., re- quire removal. These items are particularly Dangerous when located on the inside radii of curves where drivers have a natural tendency to leave the travel way. Since this is a residential area with much pedestrian activity, it should be noted that no sidewalks or bicycle paths are provided. V. PAVEMENT WIDTH The average two-lane pavement width within the Study Area is 20 feet. The one-lane pavement widths vary from 10 feet to 12 feet in width. The min- imum state requirements designate 10 feet of lane width per lane with 1Z feet preferred. This condition is met except at the Selva Marina Drive-19th Street intersection previously addressed which has 14 feet of pavement width for two- way traffic. -4- 5. Sea Oats Circle-19th Street Intersection: The median located on 19th Street extends past the Sea Oats Circle intersection making left hand turns difficult off 19th Street and encourages left turn traffic exiting Sea Oats Circle to travel east bound along 19th Street in the west bound lane. 6. Live Oak Lane-Dale Lane Intersection: The m~dia~~ located on Dale Lane requires modification. for left hand turns onto Live Oak Lane. III. SIGHT DISTANCE (STOPPING) Safe stopping sight distance is a mandatory requirement for all public streets. The minimum requirement outlined in the "Manual of Uniform Minimum Standards for Design, Construction and taintenance for Streets and Highways" is 200 feet of unobstructed view based on a height of the driver's eye equal to 3.75 feet and a height of the obstruction to be avoided equal to 0.5 feet. Two sections of roadway within the study area do not meet this minimum re- quirement. These are: 19th Street bet~.reen Oak Circle and Hickory Lane and Dale Lane be- tween Live Oak Lane and Hickory Lane. (See Appendix for the roadway profiles at these locations.) IV. ROADSIDE RECOVERY AREA (SHOULDER) "The roadside recovery area is that area outside of the traveled way which can, in an emergency, be travelled by a vehicle with moderate safety. Vehicles frequently leave the travelled way during avoidance maneuvers, and due to loss of control by the driver (falling asleep, etc.) or due to the collisions with other vehicles. The primary function of the roadside recovery area is to al- low space and time for the driver to retain control of his vehicles and avoid or reduce the consequences of collision with roadside objects. This area also serves as an emergency refuge location for disabled vehicles." (1) "Manual on Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways" The minimum recommended width of roadside recovery area is 4 feet for a urban suburban travelway, with 6 feet being preferred. The absolute minimum allowed is 2.5 feet of clearance between the edge of pavement and any ob- struction. Because the Study Area has so many specimen trees adjacent to the driving lanes which enhance the integrity of the neighborhood, the ab- -3- ROADWAY GEOMETRY ANALYSIS I. GENERAL The road network within Selva Marina Units 10, 11 and 12 is generally i composed of meandering curvelinear streets with numerous tree filled islands. ar The total length of 2-lane roadway approximates 7000 linear feet (1.32 miles). The roadway profile follows the contours of the surrounding natural topography Elevations vary significantly as the roads cross the remains of secondary dune lines which traverse North and South through the project. The basic traffic patterns are generated from a group of seven North-South cul-de-sacs which use 19th Street and Saturiba Drive as East-West collector roads. Six of the seven cul-de-sacs are accessed from 19th Street. II. HORIZONTAL ALIGNMENT The existing streets meander to miss oak, palm and hickory trees. The geometric alignment is generally considered adequate with the following excep- tions. 1 1. 19th Street - Oak Circle to Hickor Lane: This 400± linear foot sec- tion of 19th Street has a severe reverse curve which requires modifica- tion of the east bound lane. (See Photo No. 2). The current geometry requires the east bound driver to come over a hill with inadequate sight distance then traverse a reverse curve with inside radii of less than 60 feet. 2. Selva Marina Drive-19th Street Intersection: This intersection has a major traffic flow conflict which requires remediation. (See Appendix drawing). In particular the South bound driver on Selva Marina Drive turning left onto 19th Street is aligned with the West bound traffic on 19th Street. At the point of conflict, the two-w.ay pavement is only ~ 14 feet. Additionally, the right turn radii on Selva Marina Drive needs to be modified to pro•ride a minimum turning radius of 25 feet. 3. North Sherrv Drive-19th Street Intersection: The median located at ' this intersection requires modification to adequately accommodate left hand turn movements from North Sherry Drive onto 19th Street. ~ 4. Oak Circle-19th Street Intersection: The median located at this intersection requires modifications to adequately accommodate left hand turn movements from 19th Street. ^ -2- EVALUATION of SELVA MARINA UNITS 10, 11 and 12 BACKGROUND Selva Marina Units 10, 10A, 108, IOC, 11, 12A, 126, and 12C Replat, in total encumbering 133 single family lots, were developed by the Sevilla Development Corporation and became subdivisions of record between April, 1978 and September, 1980. This development is located in North Atlantic Beach east of Selva Marina Drive (Old Sherry Drive) and north of Saturiba Drive (See Appendix for study area). The street right of ways and ease- ments encompassed by these platted subdivisions remain the sole and ex- elusive property of the Sevilla Development Corporation (See typical "Adoption and Dedication" certification in appendix). Based on this con- dition the roadway and drainage facilities were constructed with ownership and maintenance liabilities held by the property owner, i.e. Sevilla De- velopment Corporation. On April 11, 1983 the City Commission of the City of Atlantic Beach authori- zed England & Thims, Inc. to conduct an investigation and evaluation of the paving drainage and roadway geometry on the private streets. In particular England & Thims, Inc. was directed to evaluate the existing facilities as they relate to maintenance, flooding, service life and public safety. In the course of meeting these objectives, an attempt was made to review the construction plans and engineering calculations relating to this project. However, because this was a private construction project, the City was not able to provide any construction documents. Therefore the evaluation and recommendations contained herein are based on the as-built conditiora as they existed at the time of this report and no attempt has been made to correlate any design documents with the as-built conditions. The criteria used in evaluating these facilities includes the "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways", State of Florida, 1976, "A Policy on Design of Urban Highways and Arterial Street', AASHTO, 1973 and sound professional engineer- ing practices. -1- I N D E X i BACKGROUND 1 ROADWAY GEOMETRY ANALYSIS 2 - 4 PAVEMENT ANALYSIS 5 1 DRAINAGE ANALYSIS 6 - 8 i CONCLUSIONS f 9 RECOMMENDATIONS 10 - 13 ~ COST ESTIMATES 14 - 15 I APPENDIX: f LOCATION MAP A-1 ADOPTION AND DEDICATION CERTIFICATION A-2 ~ SELVA MARINA UNITS 10, 11 AND 12 MAP A-3 SELVA MARIPIA DRIVE - 19th ST. INTERSECTION A-4 19th STREET -SIGHT DISTANCE A-5 DALE LANE -SIGHT DISTANCE A-6 1 FLOOD PLAIN MAP . . . . . . . . . . . . . . . . . . . . . . . . A-7 PAVEMENT CORING REPORT A-8 ~ PHOTOS .A-9 - A-14 ~ ENGLAND ~. TI-IIMS, ING~ CONSULTING AND DESIGN ENGINEERS 6'136 ATLANTIC BLVD. JACK60NVILLE. FL 322'1 1 (904] 724.9436 May 11, 1983 Mr. A. William Moss City of Atlantic Beach 716 Ocean Blvd. Atlantic Beach, FL 32233 Reference: Evaluation of Paving, Drainage and Roadway Geometry in Selva Marina Units 10, 11 and 12. Dear Mr. Moss: Pursuant to the authorization by the City Commission of the City of Atlantic Beach, England & Thims, Inc. is pleased to submit herein the evaluation of the paving, drainage and roadway geometry on Selva Marina Units 10, 11 and 12. Additionally, as you requested, you will find cost estimates for any modifications recommended. Should you, the City Commission or other interested parties, have any questions or require additional information, I remain available for dis- cussions. Thank you for this opportunity to be of professional service. Sincerely, ENGLAN/D & THIMS, INC. Douglas C. Miller, P.E. Vice President DCM/cwb EVALUATION Of Paving, Drainage And Roadway Geometry In Selva Marina Units 10, 11 And 12 FOR City Of Atlantic Beach 716 Ocean Boulevard Atlantic Beach, Florida ROBERT PERSONS, JR. MAYOR -COMMISSIONER Wallace Bowles Public Works Superintendent `~ PREPARED BY A. William Moss City Manager PROJECT NO. E82-65 ~ ENC~I.AND G TI-fIMS, ING CONSULTNG AfVO DESIGN ENGINEERS s, ~.n~w.c e~w .+.cxao~.~..~ r~ m, , Iso.l r+..s.x DATE ~ MAY I I, (983 s .t i Slj f. 3 0~ 3 ~ayo~ - ~°f s do whaf s ^ighf ~~i9d frame . l.~ia ounao ~ac7~o ? °` qOf Ld2 Scared ~ ~/rafs La~~~rn~ ,c~oluu~O,, ulR7 ~, , ,oa~e-~ . ~~ ~~ ~ . 0 /s ~ ®~fuur ~icr~d rs if ~ ,oe.~ maize ~rrlile ownir~ fig. /D ~1haf- dr~ doeo %~ M,~e u~o oumo s1~ PT ~ ~mr~ ti/ioso~ar¢ - 14/a .n0~tacfo " vs , noi9tidorho~d fyx Q /s ~e a .n~o'd~e 9~vond ? ~o,-¢ssoc. cou/~l 6e ~~eq/ec~ l~O ,off rte, ~z0`' /907 N~cFory La - /ylarr, access roads -~ New v4u~o do ~.~. ~osf da,~nage . ~.q. G.~6~9~ ve/ia/~ /~"'4~b2 - ~coae~o ~/ Carom ~ rc . oz<m~,a~iyo ~~"` ,J w~ to aacvr~lZU;n ulhc owns s~rccts . ~epa ri/eq o~ HOA bu,.~ n,d C~? ~~ Ja//i~an~ 4~s ~'Ak~uGa - J'>r~ a ,need in de~'r~,~w,;a owjr~p r ~e+i ~gos~xskfa~ f/~ril(a Carrde~hgvr a,r, NOAH ubu/S ~u /~o jvuv n.+~o~urr shf Z o~'3 _ Phil P<tre / 3Po /9~"Sf• - feae/' work GJ ~ier~ ~/d ~odd~Q,;, ,8%!/ ,fit!/y , !ms's f1/c,Fory ta - Iii, fro~re adde~,oo only 1 a~ - ' J'c~.e} r,~ho% a~cq ~ consder~d. z O/1 ~F6Mr - RCcrdGn,f /,vas on Sel. ~, Dr, (pa6/,~ Ad/'/2n ~G//!/ , //icl3ry La ~y~' f~dr, tfi., ~f a9nr Yfiat si t'a ccess D/Ci~ ~Ak1'A 37/ /9TN[S - ~ ~fa.ctetn .rsfbnst frm"t f ~G~/tes4J dan.#~,e~eoe,.~ u~tola ahact ~~ =~0/,~y~4~~a,~~~~erin/oC,l,,,K~q~esf " lna,y„ : h~ cosf jS-6 ~a r!!e ~.~1~ ~~dw pays . 6to dull Jr. 1937 ,1rvr7lo 8~u~ lJ. - scixe ~j ~9 Rr~of Yd /vr by cry, ••~'fY doeon`/Gfy ~ r/'vi h't/c sea•r~ ? ~,S!l.4~r.~ J'wal~4 ~ tkrr. ~. ow.co al/ SOW-. 0~ .oo/ u.C cor/~ cdlrney ~, r'ift' . /~'(cvtk L/n ? ~Sl/'j C~ Cauf' - OGirl4on /+ ~ ~F/ccl Land ny~ - /~ ~M SGVLX~a lwlCto. P~f.VfDt(Dly ~ ~C~ks+~.lxw sP,~w A/o~~ u~ctova? Prc~tss '` AC~'i'1'f ro do o~ rFe /ihp'F-s. - ~'ii~ EHq~ Ma~ '`iao ~ .a~iowtcso s~ltia NloM;„„ .a . ao Cow,..ty rPd . Take Sail - l92/,S'c/vr~ -~ _ l9 ~~f ~clu, ,U,,,~ •, t~ /~r,,,m d}, ~ ~- .som¢ ~r.¢ea . //~~ - carif see wif.5/~ ~ ' ~- you , DCo .Shtvir"~~6' 330 /9'~Sf, - (~l/7a r.~li// be sued iF cd~ guns ~p a fec ? ~Jo~N1i9h~ su/ disso/~G^p. w~ No .4sse~s . G`o`3'/~P sSf Z a ~ 3 S~g/92 ~~va marina /~1~ @ Corm. Chambers /Y/ayar !ju//ii~u~d ' dP,glicaytd ROW Vs. Privafe Owrershlp ~~~~o~~fy befw. Gfy ~ ~~~,~~ tp/' rc ' Cify J'fds . Mahn S.' ~ l9Z/ Spina. /11~uvria Dr - Rv d hu dud , /!putt nrotf be ZO'{ron Sf, lv M a.: Beb lililbi~ ~ ~9/g Cretksia'c D - /R9~GSS~E9res5 to Dove%piae„f -' n Q (•qv re lrswdw.d~ ,R//U/es of PdD~ ~dbdii/ls~oh o/`dii7a.~Cts a~Y ~ /i7NrN/ ovf fft o/igG~oH! . CvrrtM F/cfcher /'/aii7tG7ance /~recmenf (Document 2~ - 6e%-err oaf /$/~crx~f shows owger56/p passes to I~veiopur' Lace WaLlxe , l9/Z f/icko~y ~a - Onamaye ? pa~f of ~Ctrgn G~~fenQ T xes ? CoM.~7, M~. M~ildtes ? yes Qr ~8ah (~jrnsf;,,,~ac/,~5 Bus~otss /9ssoc. - iPca~ iPcso/ut~on s.,~p,~ r~t~ F. P fi~io~ fa Ci48 fo .main~uin felura /Yla~.i,4 Dr. , ~ i„i~e ~inaq (~ s/if n~'y~ ~W//`Q ~~05 •4 ~ le ~ /// residcr~fs Camp Tuc!(er /}ri y ~/i//r;~ncss row fo cuf dawrJ trees as m~y'd ' 1 Tom, ~/,~ , /4S Lire C.~,~ -M--~._. ~/aMG BA~kt.~', I ~I ~ ~~ ~/ - ~ ~ to ~a..qt t.~ . Cfov nairtf4in rdt now, c/hy not cont~nat ? - -We on/y pafch ~oafho%s . ~J Nay/ fo e f /aqn c~un/~ Comm Maters •' Pafrl~wprk Jvst,}iid ~o rave Gfy -ef,,des Gtc, see fnzra pcr,~f~d, ifs i /'~4 `tl 0 1+w ZM 'fD /17lC~ p~ tsrreef. d ~ SELVA MARINA ROAD COMMITTEE Kim D. Leinbach City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 247-5800 David E. Thompson Chief of Police City of Atlantic Beach 850 Seminole Road Atlantic Beach, Florida 249-5606 J. Dezmond Waters, III City Commissioner 1835 Seminole Road Atlantic Beach, Florida 241-2984 PRIVATE CITIZENS: Eugene Barnette 1841 Selva Marina Drive Atlantic Beach, Florida 249-9021 (w) John Mann 1907 Hickory Lane Atlantic Beach, Florida 247-2233 Chuck Metzler 1800 Live Oak Lane Atlantic Beach, Florida 249-2912 (h), 765-4453 (w) James Porterfield 1825 Hickory Lane Atlantic Beach, Florida 241-3206 (h), 355-7521 (w) Kenneth Rogosheske 1810 Sevilla Blvd., 0306 Atlantic Beach, Florida 249-4417 ~~ .. \~. _~ enterprise with all the owners involved. A third could include the establishment of some sort of special district, the legality of which needs to be checked. A fourth alternative could involve the creation of a special assessment project. Ultimately, the owners may wish to dedicate the rights-of-way to the City for perpetual maintenance and care. These are only some ideas or concepts you may wish to consider. I concur with Commissioner Fletcher and point out we do have time to evaluate the matter thoroughly. Perhaps you might wish to consider the appointment of a committee consisting of myself and/or applicable staff members, one or two residents of the Selva Marina area and an elected official such as yourself or other Commission member. I would think the City Attorney should be an ex-officio member and called upon as needed in terms of providing legal answers as necessary. This committee could evaluate the various alternatives and suggest a course of action for your consideration. I hope this information is of use to you and will be most happy to pursue whatever course of action you choose to proceed. Sincerely, R'm D! Leinbach City Manager KDL.dst REF: KDL.6 CITY OF Mantic b~eacli - ~lorula 800 SEMR40LE ROAD ATLANTIC BEACH, FLORIDA 3227}5445 TELEPHONE (904) 2A15800 FAX (904) 247-5805 May 20, 1992 William I. Gulliford Mayor City of Atlantic Beach, Florida Dear Bill: Even though not specifically requested [o do so, I would like to make a brief staff report for your edification in relation to the issue of ownership and maintenance of the streets in the Selva Marina area. Perhaps this is redundant, however, there are a number of issues that you and the Commission may want to take into account. The first involves the distinction between maintenance and major reconstruction. While the City Attorney has indicated the City may intrude into repair of private streets should there be an emergency type of public purpose at stake, my question concerns the drawing of the line between maintenance and major repair. Second, who and under what criteria is an emergency declared? Are the streets indeed so deteriorated to threaten the health and welfare of the public? I think this needs to be carefully scrutinized. Third, what precedence will be established in regards to the other private developments throughout the community? Will we now be expected to maintain these streets as well? I believe we must take this into consideration as a distinct possibility.. Fourth, will the City assume any greater liability should there be a lawsuit or other legal action in reference to the additional level of service provided if so chosen by the Mayor and City Commission? Finally, does the developer and/or those receiving the benefit of what I presume to be less costly improvements have any responsibility including financial for their (ie. [he roads) upgrading? Should you and this Commission establish a policy wherein the City will accept maintenance of the streets as noted above, there are a few alternatives you may wish to consider. The primary purpose is to establish the vehicle wherein ownership is retained by the residents and/or development company with a provision allowing the City to make repairs. One suggestion encompasses the establishment of some (super) homeowners association. A second might be the granting of easements for the purpose of maintenance of the streets although this may be a very cumbersome ~, 9A i~-z~-98 MEMORANDUM November 18, 1998 TO: James R. Jarboe City Manager FROM: Robert S. Kosoy Director of Public Works SUBJECT: Private Roads in Selva Marina Units We are attaching a copy of the original report by England, Thims & Miller dated May 11, 1983 regarding the Evaluation of Paving, Drainage and Roadway Geometry in Selva Marina Units 10, 11 and 12. Also attached is a letter from former City Manager Kim Lienbach to then Mayor Gulliford. There was a public meeting held on May 18, 1992 and I have attached my notes from the meeting. The report by ETM estimated the costs to do Roadway Geometry Modifications, Drainage and Pavement Improvements to be $254,795 in 1983 to bring the road up to City standards at that time. The design and construction standards are covered in Sec. 24-251 of the City Code and this section refers to conformance with three Florida Department of Transportation Manuals (Latest Editions). These manuals are on file at the Department of Public Works. Other considerations not addressed in the ETM report are sight distances at intersections, new pavement cores and reports, adjusting sewer manholes, lowering water mains to provide minimum cover, adjusting valves, adjusting sewer lines and laterals to provide proper cover, levelling courses for new pavement, additional limerock or flowable fill, and easement acquisitions. Total estimated cost in today's dollars is $1,000,000 to bring the roads up to City standards for acceptance. RSK/Imh cc: Chief Thompson Agenda Item: ~~ Date: //- 2 CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT SUBJEC"I': Day Before Christmas. AGENDA ITEM: Yes. ACTION REQUESTED: In order to provide employees and supervisors with as much notice as possible, it is requested that the City Commission advise as to the closing of City government functions for all nonessential employees on the day before Christmas. Essential employees that are required to work will be provided with additional pay or time off at a later date. DISCUSSION AND/OR BACKGROUND: Normally, the Christmas week is the City's slowest time of year. In the past, all non-essential employees have been provided with a day off to provide them with a longer Christmas period to spend with their family. Essential employees required to work have been provided additional pay or provided with time off at a later date. As this action is not the establishment of an additional City Holiday, it has not resulted in an additional Holiday for City employees or payment of Holiday pay. ISSUE: Both the Fire and Police unions do not concur with this action. They believe that if the City Commission "closes" the City for a day, then that day should be treated as a Holiday with all employees that work paid at the Holiday rate of pay which would increase the cost of this action. However, this action, as requested is not in violation of any of the Union contracts. SUBMITTED BY: City Manager Jim Jarboe FUNDING: The cost for this action is estimated at no more than $2,500. However, with proper scheduling of time off for essential employees, the cost will most likely be below $1,000. Such funds should be currently available within the rt~mental budgets. REVIEWED BY CITY MANAGER: I` . , 2. Performance evaluations will continue to be made at ninety (90) 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 for a probationary period is reached, removal of the employee from the class may be necessary. -60- aeries of actions. Upon assignment to a position an employee is to be given a list of the job factors pertaining to 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. Unable To Appraise should be indicated for duties not regularly assigned to the position held by the employee being evaluated or for duties which were not 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 B. 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, an3 the anticipated completion date for each objective. Section F. 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 apace 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 (90i days after the date of the performance evaluation conference. -59- completed form is due in the personnel office no later 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) Says after an overall performance evaluation rating of below satisfactory is given. IV. THE PHRFORMANCS HVALUATION A. Conducting and reviewing the performance evaluation. 1. The racer shall be the person to whom the employee normally repor[s. 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 the 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. i. 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 H, Performance Improvement Plan, of the Performance Evaluation Form. 4. Evaluations for an employee should always be based on observable, objective facts. . 5. Review the performance improvement plan with the employees C. Completion of the employee performance evaluation form. Section A. General information. Pill cut all spaces as instructed. Section B. Performance factors to be evaluated. 1. Each job factor should describe a tangible, observable action or -58- EXHIBIT B CITY OF ATLANTIC BEACH PERFORMANCE EVALUATION PROCEDURE These procedures have been developed to implement a perfozmance 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 concerning 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. OBJHCTIVHS 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. II. PERFORMANCH HVALUATION 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 hie/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. PERFORMANCE BVALUATION DATES A. Mid-wav through the crobationarv 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 115) 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 prolationary 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 -57- EXHIBIT A CITY OF ATLANTIC BEACH JOB CLASSIFICATION/PAYGRADE CiRADB STARTZNC3 (8ourly) JOB TITLE 102 $ 6.97 General Maintenance Worker I 103 $ 7.61 Facilities/Groundskeeper General Maintenance Worker II Meter Redder Utilities Worker 104 $ 8.27 Lead Maintenance Worker/Driver ~ Lead Utilities Worker Utility Plant Operator - Trainee 105 $ 8.61 Dispatcher Crew Chief ! 106 $ 8.94 Mechanic I Heavy Equipment Operator ~ i 107 $ 9.38 Utilities Collection/Distribution operator 108 $10.42 Mechanic ii ~ I Water/wastewater "C" Operator I 109 $10.92 Lead Utilities Plant Operator (DUali Certification) Maintenance Foreman Utilities Collection/Distribution Supervisor j -56- SIGNATURE PAGE IN WITNESS THEREOF, the parties have caused this Agreement to b' signed in their respective names by their respective representar_ives and have executed this Agreement this day of November, 1998. FGn THE CITY: James R. Jar: City Manager Patricia J. Hill Negotiator, City of Atlantic Beach George A. Foster Negotiator, City of Atlantic Beach ATTEST: ty Cler FOR THE UNION: William A. Worsham Business Manager, Local 630 Jack D. Baldwin Negotiator, Local 630 Desmond Green Negotiator, Local 630 Troy Stephens Negotiator, Local 630 -55- ARTICLE 33 DURATION OF AGREEMENT This Agreement shall commence and become effective on the October 1, 1998, and shall continue in full force and effect until midnight of the thirtieth day of September 1999. If either party desires to negotiate a successor agreement, it may do so by giving the other party written notice to that effect -54- -- .._ ~ ..... ._. .at ARTICLE 32 ENTIRE AGREEMENT 32.1 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 b}• the parties after the exercise of that right and opportunity ara set forth in this Agreement. Therefore, the Employer and the Unio^ 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. -53- ARTICLE 31 SAVINGS CLAUSE 31.1 The Employer retains all rights, powers, functions and authority it had prior to the signing of this Agreement except as such rights are specifically relinquished of abridged in this Agreement. -52- ARTICLE 30 SEVERABILITY 30.1 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 Employa~ and the Union agree to immediately negotiate a substitute for the invalidated Article, Section or portion thereof. -51- ARTICLE 29 JOB QUALIFICATIONS AND PROMOTIONS 29.1 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 cf such opening shall be posted at least five (5) calendar days in advance on all appropriate bulletin boards. A copy cf the notices of job openings will be given to tt:= appropriate union steward at the time of posting for posting on all other authorized bulletin boards. 29.2 For the purpose of this Agreement, a vacancy shall be de-fined as an opening within a classification included in the bargaining unit (Exhibit B) for which funds have been appropriated. 29.3 Whenever a vacancy is posted, employees desiring to b= 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 appropriate Department Head shall interview all bargaining unit applicants prior to filling the vacancy. Applicants within the bargaining unit shall be interviewed prior to advertising outside the City. 29.9 The appropriate Department Head shall make all determinations of the qualifications of the applicants applying for oper. or promotional positions, provided such determination is limited to those factors required within the job specifications for the position being filled. Among current employes determined .o b2 qualified to perform the work required, the employee having the most seniority with the Employer shall be appointed to the position. Employee's covered under this agreement who apply for any open or promotional positions within the bargaining unit shall be promoted over other applicants, provided all applicants are equally qualified far the position. 29.5 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. -50- ARTICLE 28 SENIORITY 28.1 Seniority shall be defined as the length of continuous full-time 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. 28.2 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. 28.3 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 Agreement. 28.4 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 or division to another in the same classification, he shall carry with him both the City and job seniority that he has already acquired. 26.5 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. 28.6 Seniority shall be broken when an employee: (a) Resigns; (b) Ts discharged for just cause; (c) Exceeds an authorized leave of absence. -49- 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 whir_=. may result from or be associated with alcohol or substa-~ce abuse. (1) Decisions of an arbitrator under this Article shall b2 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. 27.3 When drug screening is required under the provisions of this policy, the following standards shall be used to determine what levels of detected substances shall be considered as positive: DRUG GROUP SCREENING TEST CONFIRMATORY TEST (a) Amphetamines 1000 ng/ml Amphetamine (b) Cocaine Metabolites 300 ng/ml Metabolite (c) Opiate Metabolites 300 ng/ml Morphine (d) Phencyclidine 25 ng/ml PCP (e) Marijuana Metabolites 100 ng/ml Total ng (f) Barbiturates 300 ng/ml 500 ng/ml GC/MS 150 ng/ml GC/MS 300 ng/ml GC/MS 25 ng/ml GC/MS 15 ng/ml Delta 9 - THC 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 gram; per deciliter. -48- 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 suspe~ndad without pay at the discretion of the City. After thirty (30} days have passed, a suspended employee des:Lrir.~ reinstatement shall, upon written request be given the opportunity to submit to further blood or urin=_ 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 deeme•9 necessary by the City, the employees themselves may be asked to submit to a 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 searci 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 imYaired reflexes or reaction time) shall inform the City that they are taking such medication on the advice of a physician. It is t}ia employee's responsibility to inform the City of tha possible side effects of the drug on performance arvi -47- ARTICLE 27 ALCOHOL AND DRUG TESTING 27.1 Both the City and Union recognize that drug and alcohol abuse is a growing problem among our nation's work force. The Cit}• 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. 27.2 (a) All 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 on 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 pity will utilize a confirmatory process before instituting action. Tha 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 b= allowed to submit information to the City explaining of 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 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. (ei Iti the event the City requests that an employee submit to breath, blood, urine and/or other tests and the employe=_ chooses not to submit to such test or tests, the reasonable suspicion to believe the employee was under tY.=_ -46- evaluation form and procedure as set forth in attached Exhibit B. Employees who receive a unsatisfactory evaluation shall be reevaluated at least quarterly, or earlier if improvement is noted. If the employee feels the evaluation procedure was not followed, he may invoke the grievance procedure and submit tha grievance at Step II. 26.5 Any employee covered by this Agreement who is temporarily required by the appropriate Department Head 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 fir 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. -45- ARTICLE 26 WAGES 26.1 (a) Effective October 1, 1998, employees covered by this Agreement shall have their pay increased by three (3;) percent. These increases shall continue therefrom i_~ accordance with the terms and provisions of this Agreement. (b) Effective October 1, 1998, all employees shall receive a twenty-five ($25.00) dollar per month raise for each five years served with the City up to and through the 20th year. This amount shall be placed into the employees base pay after the 3$ ~is applied to the employees base on 10/1/98. 26.2 The Job Classification/Grade Chart is set forth in attache;l Exhibit A. 26.3 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. 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. (b) Except as provided in the second sentence of this 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 ~: 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 reassigr. tt:e employee in accord with the provisions of this secti~~n. (c) When an employee is promoted to a classification with a higher base rate of pay, the pay rate of that employe shall be the lowest step in the higher range that will provide at least a five percent (58) increase over *_ha rate received immediately prior to promotion. 26.9 Evaluation for satisfactory service shall be standard in writing throughout the bargaining unit with each activity using the same -44- ARTICLE 25 CAREER DEVELOPMENT 25.1 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, ti•rhicz degree is determined by the City Manager as applicable to the employee's job responsibilities with the City, shall receive a $50.00 per month career development incentive. 25.2 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 joo responsibilities with the City, shall receive a $100.OC per month career development incentive. 25.E Employees receiving Career Development monies shall receive monies as accorded them under either Section 25.1 or Section 25.2. They shall not receive at the same time monies afforded from both of these Sections. 25.4 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 $500.00. Payment of such bonus shall be paid annually on the employee's anniversary date for each additional license the employee obtains. 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. 25.5 Cost for other courses will be paid by the City after prior approval of the appropriate Department Head. 25.6 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 Employer will notify the Union of the intended changes no less than ten (10) working days prior to the effective date of change. Copies of the proposed cha3nges 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. -43- ARTICLE 29 MILEAGE ALLOWANCE 29.1 Employees directed by the appropriate Department Head or hi; designee to use their private automobiles for City business, shall be compensated at the rate established per mile by the Z.R.S.. -42- ARTICLE 23 UNIFORMS 23.1 The City will furnish to bargaining unit employees whc a-= required to wear such uniforms in the performance of their duties an initial issue of the following upon employment: (a) Eleven (11) pants (b) Eleven (11) shirts (c) 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 fora repair or replacement under this Section must be accompanied by a written explanation addressed to the appropriate Department Head, setting forth the circumstances necessitating the replacement or repair, and the employee shall present the item(s) to the appropriate Department Head 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 furn`_shed 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. 23.4 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 o° the uniform articles as in the past. -41- 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 P7orks Facility, Buccaneer Facility and Atlantic Beacn 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; nc>tices of union meetings, notices of internal elections for unio-~: offices, reports of union committees, policies of the Union, recreation and social affairs of the Union, and notices by public bodies. Zn 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 Union 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 appropriate Department Head 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. -40- ARTICLE 21 SAFETY AND HEALTH 21.1 The Employer and the Union agree that they will conform to all laws relating to safety, health, sanitation and working conditions. The 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 Employer and upon recommendations of the Employer and the Unior.. Protective devices, apparel, and equipment, when provided by the 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 Employer agrees to provide hepatitis immunization shots to employees within the bargaining unit subject to the approval of the appropriate Department Head. 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 ef'ect. -39- 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 'he cost of such coverage. -38- previously accumulated personal leave, shall be granted to sur.:1 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 i_~z 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) 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. (d) The City of Atlantic Beach will assume no responsibility or liability for any injuries incurred while ttie 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 appropriate Department Head. If the matter is not resolved the employee shall discuss the matter with the City Manager. -37- 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. 19.4 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 perforce~i 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 ha•re oz 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 appropriate Department Head immediately. A police report shall be made of any accident involving a City vehicle. 19.7 The use of City equipment at any time and the use of City employees during normal working hours for any cor,structi•~n, 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 vu*_ing as he ma_Y choose, and from expressing ;,is opinion on any political subject or candidate. No leaves of absence, excluding -36- 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 an~9 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 i_z 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 iti 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 th? Circuit Court of Duval County as may be required by Stat,~ 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 e. member, or in which he owns controlling interest. (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. -35- cause of the disability. (4) 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 employes 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. -34- ARTICLE 18 INJURY IN THE LINE OF DUTY 18.1 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 Employer, shall, in addition to the benefits payable under the Workers' Compensation law of the State of Florida, be entitled to ~h=_ following benefits: (a) When an employee is absent due to compensable injury, tha City will pay 100$ of an employee's average daily earnings for each regularly scheduled work day missed beginnin3 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 - 1/3fi~) of his pay which is not covered by Workers' Compensation. The request to allow the employee to 0o the above must b~ made to the appropriate Department Head in writing. (c) In addition to the benefits afforded under Section a. an employee, subsequent to exhausting aii 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-njury. Factors which the City Manager may consider i1 each instance are as follows: (1) Consideration of degree of responsibility of employee/employer. (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 ii: the -33- (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 (9) hours of work and the second during the last four (4) hour period of work. -32- 17.19 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'h) times the employee's regular straight time hourly rate of pay for the hours he attends court. Prov`_ded, that such employee shall receive a minimum of two (2) hours pay at the rate of one and one-half (1~) 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 c_o•srt 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 sha:.l b' entitled to work overtime as assigned or authorized by the appropriate Department Head. 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 nct delay or increase the cost of the City's operations. 17.17 Employees required to be accessible by telephone and not performing actual work, but in readiness to perform work wY,en the need arises, shall be considered to be on standby. I= 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 thirty ($30.00) dollars in addition to his normal bi-weekly pay for each week the employee is required to b= available on standby duty for a minimu.'n of seven (7) consecutive days. To be eligible for standby compensation, the employee must meet the following criteria; (a) The employee must 'respond by phone within twenty (20) minutes of receiving page. (b) The employee must arrive at job site within or.e (1) hour of -eturning page by phone to the Employer. 17.18 An employee who has worked sixteen (16) hours or more in a twenty-four (29) hour period, or eight (8) hours or m:,re overtime in the sixteen (16) hour period immediately preceding his/her normal workday shall upon release, be entitled to a~ eight (8) hour rest period before he/she returns to work. If tha employee is called back to work without completing his/her eight -31- 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 YTOUrs not worked, except as provided herein. In calculating t're 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 (48) 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 claim=_ 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 (lh) the employee's regular rate of pay or the actual hours worked at time and one- half (1~), whichever is greater. Employees shall be compensatei 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 overtim=_ shall not constitute a "call back". This Section shall Trot 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-iTalf (1-1/2) times her/her regular rate. -30- 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 (40) 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 (40) hour work period unless th= employee actually worked a forty (40) hour work week or hip actual hours worked and his authorized compensated leave tota'•s forty (40) 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 (24) hour period commencing at the start of the employee's norrnaliy 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 the appropriate payroll office 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 (1~) hour of compensatory time for eaci overtime hour worked. 17.9 Employees shall not be able to accumulate more than fifty (50) hours of compensatory time. 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 employees request cash payment of accrued compensatory time. 17.5 An employee who has accrued compensatory time will be perm_tte.l to use the time off within a reasonable period after mak=_ng 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. -29- ARTICLE 16 BEREAVEMENT LEAVE 16.1 Employees covered by this agreement may be granted, upo-~ approval of the appropriate Department Head and City Manager, time off with pay not to exceed three (3) calendar days, i:i 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 tima of death. Upon request and subject to the approval of the City Manager, employees may be granted bereavement leave as provided in 16.1 to attend the funeral of the employee's first cousin, aunt or uncle. 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 appropriate Department Head with verification of death before compen^ ation is approved. -28- ARTICLE 15 MILITARY LEAVF. 15.1 The Employer will grant employees leaves of absence for military duties as dictated by the requirements of state and federal laws. 15.2 Employees who by reason of membership in the Uni*ed States Military Reserve or the National Guard, and who, by the appropriate authority are ordered to full-t.rm active duty, short-term active duty, weekend drills, or summer training :>ha:1 be granted leave with pay for such training not to excec-~ seventeen (17) working days annually. Such military leave shall be without loss of personal leave, pay, time, or efficie:i::~r rating, on all days during which employees are engaged iz training ordered under the provisions of the United States military or naval training regulations for such personnel w*:en assigned to active or inactive duty. 15.3 Military leaves in excess of seventeen (17) working days will be granted in accordance with federal law and may be ~-eav~ without pay. Employees entitled to such military leave shall not lose the rank, grade, rating, or seniority held at the tme such leave is granted except as may be authorized by state and federal law. 15.4 Employees requesting military leave are responsible for notifying the appropriate Department Head as soon as possible of the dates for the military leave and to provide an official set of orders, or other documentation of the training, as soon as practicable. -27- ARTICLE 14 LEAVES OF ABSENCE WITHOUT PAY 14.1 Leaves of absence without pay may in the sole discretion of tha City Manager be granted when annual leave has been exhausted. 19.2 All leaves, with or without pay, should be requested by tie employee in writing and should be approved in writing before becoming effective. 19.3 An employee's starting date will be adjusted for leaves of absence without pay in accordance with state and federal statutes and local ordinances. -26- (d) For Personal Leave used for illness, the Employer always retains the right to require medical documenta*_ion 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 in this Article. For the purpose of cashing in accrued leave time, the Employer will permit the employee to make a request for payment two tines 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 one-hundred twenty i12G) hours in the Personal Leave account as of the secon3 preceding pay period that precedes the designated withdrawal date. Request forms are available in City Hall. Requests must be submitted at least two (2) weeks preceding each of the above dates. (f) No Personal Leave Hours may accumulate to an employee oz 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 (2) weeks notice, is laid off, or whose employment hay not been involuntarily terminated shall be paid for any utiuseci accruals. However, in no event shall the employee be paid for any unused accruals exceeding nine-hundred sixty(960) hours. (i) The accrual rate of Personal Leave Hours shall be determined as follows: Tenure Maximum No. of Hours Accumulate each Bi-Weekly Pay Period (provided maximum cap has not been reached) Beg. 1st through 3rd yr. 9.93 Beg. 9th through 7th yr. 6.97 Beg. 8th through 11th yr. 8.00 Beg. 12th thro ugh 15th yr. 9.59 Beg. of 16th year and over 10.16 -25- 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 considered 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 in.`tial probationary period and follows the procedures set '_ort~ in this Article and receives prior approval from tha employee's supervisor, or the appropriate Department Hea9 or his designee. (b) When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify their supervisor, or if he is unavailable the appropriate Department Head 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 is unavailable the app-opriate Department Head no later than one (1) hour before shift starting time. Except as stated above when an employee is planning to us' seventeen (17) hours or more of Personal Leave Hours he must submit his request to take leave in writing to the appsopriate Department Head or his designee at least fourteen (14) calendar days prior to the first day o= the intended absence. When an employee is planning tc ~is> less than 17 hours of Personal Leave Hours he must submit such request at least forty-eight (98) hours prior to the first day of the intended absence. The appropriate Department Head 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 appropriate Department Head such leave would pose a manpower shor.taga which would have an adverse effect on the operation of tha Department, or if the notification requirements set 'ort:~ in this Article are not followed. (c) Employees may accumulate Personal Leave Hours up to a maximum of nine-hundred sixty (960) hours. Thereafter, employees must utilize their Personal Leave Hours or forfeit the ability to accumulate any additional hours. -24- 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 iz Section 12.1) and continue for twenty-four (24) 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) `our day shall have a holiday that conforms to their work schedule. If payment for such time or any portion therea' is mutually agreed to in lieu of time off, then tte employe=_ 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 tuna 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. -23- ARTICLE 12 HOLIDAYS 12.1 The following are recognized as holidays under the terms of this Agreement. New Year's Day January 1st Martin Luther King's Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Thanksgiving Day 9th Thursday in November Friday after Thanksgiving Day Christmas Day December 25th Employee's Birthday Any day that the City Commission may designate Whenever a holiday falls on Saturday, it shall be observed on the preceding Friday. When a holiday falls on Sunday, the followin; 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 tc take a day off at another day mutually agreed to, or compensate him at straight time rate in order to equalize the observed regal 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, a. the Employer's discretion, either one and one-half (1~) o` the employee's regular hourly rate of pay, or one and one-half (1~) hours 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, o_* ether absences excused by the appropriate Department Head. 12.5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall act receive pay for the holiday or compensatory time. 12.6 Employees who are on leave of absence or layoff on the day o~ which such holiday is observed shall not receive pay for the holiday or compensatory time. -22- unit employees and on the Employer, provided the Arbitrator's decision is not outside or beyond the scope of the Arbitrator's jurisdiction, or is not in violation of public policy. The authority and responsibility of the Employer, as provided by Florida law, shall not be usurped in any matter. 11.9 The cost of the Arbitrator's services shall be divided equally between the Employer and the Union. Each side will pay its ow-~ representative and witnesses. The cost of a court reporter and the transcription fee shall be paid by the party requesting tha 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 o_' 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. 11.6 Prior to initiating judicial review by any court for any alleged violation of this Agreement, the grievance procedure of this Agreement must be completely exhausted. -21- 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 sha'1 b=_ 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 to 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 con=fined 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 she subject of the grievance submitted to arbitratio: 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 determinatio7 being solely a managerial prerogative. If the Arbitrator finds that the employee has not committed, participated in, or was not responsible for, the act of misconduct for which he has been disciplined, the Arbitrator has t}.e power to make the employee or employees whole, including ordering back-pay (less compensation received from any other sources) for time lost, and reinstatement w.he:: applicable. 11.3 There shall be no appeal from the Arbitrator's decisior; it shall be final and binding on the Union and on all bargaining -20- shall terminate the grievance. -19- presented to him. Step 2 - If the grievance is not settled at the first step, :lie grievant within five (5) working days of the immediate supervisor'; Step I response, shall present the grievance in written form (in compliance with Section 10.4) to the appropriate Department Head with a copy to the City Manager. The appropriate Department Head or his designee, shall investigate the alleged grievance and shall within ten (10) working days of receipt of the written grievant=_ conduct a meeting with the grievant and the union steward acid/or Business Agent if the grievant requests union representation. The appropriate Department Head 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 Department Head's 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 Employer representatives, the grievant and the union steward and/or Business Manager 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. Step 4 - 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 receivP~ 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 twat 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 regardle:>s of. the grievantes work schedule. Saturdays, Sundays, and holidays as set forth in this Agreemer.c shall not be considered "work days" t:~n if work is assigned on these days. For the purpose of calculating time ~_ii„its, the day on which a grievance, or a reply by managemc:,t to a grievance, is received, shall t,ot be counted. ..^d~iure of management to observe the time limits fer any step ir. the grievance procedure without a mutually agreed written ex.ension of time shall entitle the grievant (or th= Union '_r, the case of Step 9) to advance the grievance to the next step. Failure of the grievant (or the Union in the cas_ of Step 4) to observe the time limits for any steps in this Article without a mutually agreed written extension of tim=_ -18- ARTICLE 10 GRIEVANCE PROCEDURE 10.1 In a mutual effort to provide harmonious working relations between the parties to this Agreement, it is agreed tc and understood by both parties that there shall be a procedure fer 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 employee:; r:ay have that the Employer has violated a specific provision of t_i;i; Agreement, provided such specific provision is subject to th= 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 Employer and tha Union. 10.9 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 allege to ]lave been violated by the Employer; (b) A full statement of the grievance, giving a comF;let= 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 (5) working days of the occurrence of the action giving rise to the grie•rance, provided that should the action giving rise to the grievance occur while the employee :is o_~ authorized paid leave of absence or is on his scheduled day off the grievant shall have five (5)~ working days within return to his joy to orally present his grievance. Discussions will be informal for the purpose of settling differences in the simples*_ and most effective manner. The immediate supervisor will discuss and mak, an effort tc resolve all legitimate grievances with fairness and justice for both the grievant and the Employer. The immediate supervisor shall orally communicate a decision to the grievant within five (5) worY.ing days from the date the grievance was -17- notice and the employee may waive his right to such hearing. 9.I1 Derogatory information, including disciplinary or detrimental documents, will not be entered into an employee's official personnel records unless the following has been accomplished: (a) The employee is notified: (1) that the information is to be filed within their official personnel records, and (2) of their righ*_ to submit a grievance if they disagre=_ with the action, and (b) The employee is given a copy of the information, and (c) The employee is given an opportunity to submit information in rebuttal to derogatory information, and (d) The employee has been asked to acknowledge that such a document is being placed into their official personnel file. -16- 9.6 A copy of the written reprimand shall be furnished to the employee at the time the reprimand is presented to the employee. The time limit imposed on the filing of a grievance shall commence when the employee is furnished the written reprirnard. 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 reprim.a-~d. 9.8 When an employee is questioned by the Employer, the Emp:_oye~: shall advise the employee if the questioning may lead tc 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 net 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 shalt. be used as a basis for disciplinary action if; (1) More than one (1) year has past since the wr:~ttez warning was issued; and (2) the employee has not received any other disciplinary action against him for similar or like matters withi=: that one (1) year from the 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 writte-r 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 b' conducted by the appropriate Department Head. 'i:~ pre-disciplinary hearing shall be conducted prior to discharge or suspension. The employee may request that the appropria~e union steward shall be present at the hearing along with th= supervisor who has made the charge. This section shall not apply to circumstances covered under Section 9.4. The unio-: steward and the employee shall receive written notir_e of ttie charges against the emplpyee twenty-four (29) hours in advance of the hearing. A waiver of hearing shall be attached to the -15- 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 tc and including discharge, is by way of illustration and sriail nct Y.e deemed to exclude management's right to discharge or otherwise discipline employees for any other ,us*_ cause. 9.3 Discipli~iary 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) Suspensior. without pay. (3) Dismissal. 9.4 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 27 of this Agreemen*_; 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 Employer. -14- ARTICLE 9 DISCHARGE AND DISCIPLINE 9.1 The Employer shall not discharge, suspend or otherwis= 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 iz Article 10. ': he Employer shall consider, amcng 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 na strike provisions of this Agreem=nt; (h) Violation of a work rule or regulation; (i) Failure to immediately report vehicle accidents involving damage to any City property; (j) Conduct that could brim 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 -13- 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. The City will provide the Union with copies of any work rules and/or pol°~cies which the City has created, amended, or deleted, which pertain to members of the bargaining unit within a reasonable time a;: ter creation, amendment, or deletion. 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. -12- 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 .3 ne•~ job classification (new employee or an employee who has beep transfer-ed, promoted or demoted). The City Manager has she discretion to extend the probationary period an additional sir. (6) months. Except in the case of a transfer or promotion to a new position which is set forth below, at any time during th= probationary period the 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 (1) employee is hired on the same day, seniority shall be determined by the day (1 -31) of birth, with the employee with the lowest numeric day of birth having the most seniority. 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 rot be subject to the grievance or arbitration provisions of this Agreement. -11- 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. -10- suspension or c;.ischarge. 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, th? department will provide a form which will be used for ti~is purpose. Upon returning to his work assignment, the steward shall report to his immediate supervisor, unless prior coi~:se:.t not to do so has been secured. 6.5 Union stewards shall be 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 to the same rules of the Employer as all other public employees, except as specifically provided in this Agreement. 6.7 No employee shall function as a union steward while on leave cf absence, without mutual consent of the Union and the Employer. 6.8 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 er by legal counsel, and having suer. grievances adjusted without the intervention of the bargaining agent if the adjustment is not inconsistent with the terns 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 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 L'nion. This provision shall be applied to all employees by the Employer and the Union. -9- ARTICLE 6 UNION STEWARDS AND UNION REPRESENTATION 6.1 Employees covered by this Agreement will be represented b,r stewards designated by the Union in the following locations -;f the Department of Public Works and the Department of Parks. an•-i Recreation. Location Number of Stewards Public Works/Distribution/ Parks and Recreation Maintenance 1 Atlantic Beach Water/Wastewater Treatment Plant i Buccaneer Water/Wastewater Treatment Plants i 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 appropriate Department Head 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 *_he Employer. 6.3 The Business Manager or the President of the Union, may, with prior authorization by the City Manager or appropriate Department Head, be admitted to the property of the Employer. Union officials, as designated above, shall be able to talk rrit employees before or after regular working hours or during the lunch period 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. 6.9 The following sections outline the duties and responsibilitie=_ 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 grievances. Work loss must be minimized. The stE~ward must advise his supervisor of the requirement of such time an~9 secure permission. Such permission will not be unreasonabl withheld. Union stewards shall normally settle grievances on the job site which is within their designated jurisdiction. Pursuant to Chapter 119 of the Florida Statutes, all files of the employee shall be open for investigation by the steward whe settling grievances. Union stewards shall not conduct any grievance work on premium time (overtime) except in emergency situations occurring during such premium hours that involve -8- 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 Emplo~ec is not required to continue those voluntary aspects cf wageG. 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. 5.9 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 appropriate Department Head. 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 or the City Manager during the time of the declared emergency only, provided that wage rates and monetary fringe benefits shall not be suspended. 5.6 The 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 wai~•er of this right to exercise such function or right, nor preclude the Employer from exercising the same in some o*_her way not in conflict with the express provisions of this Agreement. 5.7 The exercise of the above-referenced management prerogatives 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. -7- ARTICLE 5 MANAGEMENT RIGHTS 5.1 Except as expressly provided for in this Agreement, the 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 Employer exercise its management right and decide to contract out existing and future bargaining unit work, the Employer agrees to notify the Union of its intent to subcontract no less than thirty (30) calender days prior to implementation. The Employer agrees to meet with the Union upon request of the Union; however, such obligation to meet with the Union shall not affect the Employer's right to implement said decision free from any bargaining obligation); to determine whether and to what extent the work required in its operations shall b= 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 Employer goo•9 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 joo classifications and to create and amend job descriptions; to determine the starting and quitting time and the number of hors 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 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 Employer are not all inclusive but indicate the type of matters or rights which belong to and ar= inherent to the Employer in its capacity as manager of the Public Services Department of the City. Any of the rights, powers, and authority the Employer had prior to entering into this collective bargaining agreement are retained by th= Employer, except as expressly and specifically abridged, delegated, granted or modified by this Agreement. Tha 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 th=_ grievance or arbitration procedures, and the Employer has no obligation to bargain over the decision to exercise such rights, -6- ARTICLE 9 MANAGEMENT SECURITY 4.1 (a) The Union, its representatives, members or any persons acting on their behalf agree that the following "unlawful acts" as defined in Chapter 447, Florida Statutes are prohibited; 1) Solicitation of public employees during working hours or 2) Distributing literature during working hours in areas where th=_ 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 an~9 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 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 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 Employer and iJnion 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 947, 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. -5- ARTICLE 3 NO STRIKE PROVISION 3.1 The Union and bargaining unit members shall have no right t~_ instigate, promote, sponsor, engage in, or condone any wcrk stoppage, boycott, slow-down, strike, intentional disruption of City operations, or to withhold services fnr 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 igrievance, judicial or otherwise) contesting such action is whether the provision prohibiting work stoppages, boycotts, slow-downs; strikes, intentional disrup*_ion of City operations, or tha 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 Sec*_ion by ex parte injunction and contempt proceedings, if necessary. -4- ARTICLE 2 PAYROLL DEDUCTION AND DUES 2.1 Upon receipt of a written authorization from the employee covered by this Agreement, the Employer will deduct from the employee's pay the amount owed to the Union by such employee for dues. It is understood that this provisior. will provide for deductions equal to the number of pay periods per year. The 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 Employer in writing over the signature of the Business Manager of the Union and shall be done at least thirty (30) calendar days in advance of the effective date of such change. The union will make a reasonable effort to notify employees of any increase in dues in advance of such increase being deducted by the Employer. The Employer's remittance will be deemed correct if the Union does not give written notice to the Employer within seven (7) calendar days after remittance is received of its belief and reasons stated therefore that the remittance is incorrect. 2.2 The Union will indemnify, defend and hold the Employer harmless against any claim made, and against any suit instituted, agains*_ the Employer as the result of any check-off of union dues. 2.3 An employee may revoke his authorization for deduction of due; provided the employee gives thirty (30) calendar days written notice to the Employer and the Union. Upon receipt of such notification, the 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. 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 defined bargaini~ig unit. The print-out will contain the employees' name, address, classification, current rate of pay, date of hire and telephone number. The City will not be responsible for tY:e accuracy of the information provided, however, the City agrees that the information provided will be as accurate and up to date as reasonably possible. -3- ARTICLE 1 RECOGNITION 1.1 Pursuant to and in accordance with all applicable provisions of Part II of Chapter 997, Florida Statutes, the Employer recognizes the Union as the exclusive collective bargaining representative for those full-time employees in the unit as provided in the attached Exhibit "A", 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 bargaining unit. The Employer agrees to promptly notify the Union in writing cf its intention to create any job classification not specifically listed in Exhibit "A", 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 Manager or his designee will be the official spokesman for the Union in any matter between the Union and the Employer, only however on the matters which the Union has authority regarding its membership. The Business Manager shall designate in writing the name of his designee. -2- AGREEMENT THIS AGREEMENT is entered into this day of November, 1998, between the City of Atlantic Beach, hereinafter referred to as the 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 Employer and the Union to promote harmonious and cooperative relationships between the 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- 29 MILEAGE ALLOWANCE -4:?- ?5 CAREER DEVELOPMENT -43- 26 WAGES -44- 27 ALCOHOL AND DRUG TESTING -46- 28 SENIORITY -49- 29 JOB QUALIFICATIONS AND PROMOTIONS -50- 30 SEVERABILITY -51- 31 SAVINGS CLAUSE -52- 32 ENTIRE AGREEMENT -53- 33 DURATION OF AGREEMENT -54- -- SIGNATURE PAGE -SS- -- EXHIBIT A -56- -- EXHIBIT B -57- -ii- -- ~ Table of Contents nr%ia;in No. Title Page No. -- AGREEMENT -i- 1 RECOGNITION -2- 2 PAYROLL DEDUCTION AND DUES -3- 3 NO STRIKE PROVISION -~?- 4 MANAGEMENT SECURITY -5- 5 MANAGEMENT RIGHTS -6- 6 UNION STEWARDS AND UNION REPRESENTATION -8- 7 PROBATIONARY EMPLOYEES -11- 8 RULES AND REGULATIONS -12- 9 DISCHARGE AND DISCIPLINE -13- 10 GRIEVANCE PROCEDURE -17- 11 ARBITRATION PROCEDURE -20- 12 HOLIDAYS -22- 13 FERSONAL LERVE HOURS -23- 14 LEAVES OF ABSENCE WITHOUT PAY -26- 15 MILITARY LEAVE -27- 16 BEREAVEMENT LEAVE -28- 17 HOURS OF WORK AND OVERTIME -29- 18 INJURY IN THE LINE OF DUTY -33- 19 CODE OF ETHICS AND USE OF CITY EQUIPMENT -35- 20 INSURANCE -3:- 21 SAFETY AND HEALTH -39- 22 BULLETIN BOARDS -90- 23 UNIFORMS -41- -i- :.-..t AGREEMENT between NORTHEAST FLORIDA PUBLIC EMPLOYEES' LOCAL 630 LIUNA, AFL-CIO AND CITY OF J~.rti~ 3caek - ~louao cITY OF ATLANTIC BEACH, FLORIDA October 1, 1998 through September 30, 1999 The rater, reviewer, and employee being evaluated must sigr. .he fa w in the appropriate apace. The rater must advise the employee that it is permissible for him/her to attach cortmente to the form. If he/she wishes to do so, the apace below the employee signature which indicates thin must be checked and comments attached. Overall rating of below satisfactory. 1. When an employee's overall rating ie 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) 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 for a probationary period is reached, removal of the employee from the class may be necessary. -69- 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 aeries of actions. Upon assignment to a position en employee is to be given a list of the job factors pertaining to 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. Unable To Appraise should be indicated for duties not regularly assigned to the position held by the employee being evaluated or for duties which were not 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 apace, 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. Hxplanation 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 F. Signatures. -68- immediately. The completed form is due in the personnel office no later 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 satisfactory evaluation. Within ninety (90) days after an overall performance evaluation rating of below satisfactory is given. IV. TH6 PHRFORMANCE BVALUATION 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 the 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 the performance improvement plan with the employees. C. Completion of the employee performance evaluation form. -67- 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 concerning 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. OBJHCTIVHS 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. II. PERFORMANCE 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. PERPORMANCE EVALUATION DATES A. Mid-wav through the probationary 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 -66- EXHIBIT A CITY OF ATLANTIC BEACH JOB CLASSIFICATION/PAYGRADE CiRADB 102 103 104 105 106 107 108 109 STARTINC3 (8ourly) JOB TITLE $ 6.97 General Maintenance Worker I $ 7.61 Facilities/Groundskeeper General Maintenance Worker II Meter Reader Utilities Worker $ 8.27 Lead Maintenance Worker/Driver Lead Utilities Worker Utility Plant Operator - Trainee i $ 8.61 Dispatcher Crew Chief $ 8.94 Mechanic I Heavy Equipment Operator $ 9.38 Utilities Collection/Distribution Operator $10.42 Mechanic IZ Water/wastewater "C" Operator $10.92 Lead Utilities Plant Operator. (Dual Certification) Maintenance Foreman Utilities Collection/Distribution Supervisor I SXBIBIT B CITY OF ATLANTIC BEACH -65- SIGNATURE PAGE IN WITNESS THEREOF, the parties have caused this Agreement to be signed in their respective names by their respective representatives and have executed this Agreement this th day of November, 1958. FOR THE CITY: Jim Jarboe City Manager Patricia J. Hill Negotiator, City of Atlantic Beach Georqe Foster Negotiator, City of Beach ATTEST: Atlantic City Clerk FOR THE UNZON: William A. Worsham Business Manager, Local 630 Jack D. Baldwin Negotiator, Local 630 Desmond Green Negotiator, Local 630 Troy Stephens Negotiator, Local 530 -64- ARTICLE 39 DURATION OF AGREEMENT This Agreement shall commence and become effective on the October 1, 1-996 1998, and shall continue in full force and effec*_ until midnight of the thirtieth day of September 1-998 1999. If either party desires to negotiate a successor agreement, it may do so by giving the other party written notice to that effect 'tee-othert':~an / / C1CJ • ~, -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 ~ub~tc 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 ~v3~ic Employer reta and authority it had prio Agreement except as relinquished or abridged ins all r to t such in this -61- rights, powers, functions he signing of this contrac* rights are specifically contrazt Agreement. M_. ____ ~..r _ _._ _ 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 Rvvblic 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 ~rb~~Works appropriate 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 appropriate Department Head shall interview all baraainina unit applicants prior to filling the vacancy. Applicants within_ the baraainina unit shall be interviewed prior to advertising outside the City 30.9 The appropriate Department Heaci shall make ail 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 Pub3ic Employer shall be appointed to the position. Employee's covered under this agreement who apply for any open or promotional positions within the bargaining unit shall be promoted over c:thar 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 otter vacant positions within the City of Atlantic Beach. -59- ARTICLE 29 SENIORITY 29.1 Seniority shall be defined as the length of continuous fuil- time employment with the City of Atlantic Beach. Seniorit~r sha21 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 cf 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 lo~•rer 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 Agreement. 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 or division 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 rot 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- 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: .09 grams per deciliter. -57- 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 cr 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. (jj 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. (1) Decisions of an arbitrator under this Article shall he 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 under the provisions of this policy, the following standards shall be used to determine what levels of detected substances shall be considered as positive: DRUG GROUP (a) Amphetamines (b) Cocaine Metabolites (c) Opiate Metabolites (d) Phencyclidine (e) Marijuana SCREENING TEST 1000 ng/ml Amphetamine 30C ng/ml Metabolite 300 ng/ml Morphine 25 ng/ml PCP CONFIRMATOR't T~`T 500 ng/ml GC/I+,S 150 ng/ml GC/MS 300 ng/ml GC/MS 25 ng/ml GC/MS -56- 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 (90) 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 twa year pericd 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 search, provided that at no time will any employee be aearched by or in the presence of a member of tk~e -55- ARTICLE 28 ALCOHOL AND DRUG TESTING 28.1 Both the- City and Union recognize that drug and alcohci 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) All applicants may be subject to drug and alcohol testing. (b) R11 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 on duty, the City may require that the employee submit to breathalyser tests, blood tests, 'lrinalysis, and/or other appropriate testing. SY~ould the employee test positive to a drug test, the Ciiy wilt 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 explanation as to why the employee's explanation is -54- 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. 27.4 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 B. Employees who receive a unsatisfactory evaluation shall be reevaluated at least quarterly, or earlier if improvement is noted. If the employee feels the evaluation procedure was not followed, he may invoke the grievance procedure and submit the grievance at step II. 27.5 Any employee covered by this Agreement who is temporarily required by the works aoarooriate Department Head 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- ARTICLE 27 WAGES 27.1 (a) Effective Agreement percent. t-hi-s-~cgre increases terms and October 1, 19968, employees shall have their pay increased , shall continue therefrom in ac provisions of this Agreement. covered by this by 48 three (3$i ~opees-coveret~by ~d-bSr-4fr: These cordance with the (b) Effective October 1, 1998, all employees shall receive a twenty-five (525.00) dollar per month raise for each five years served with the City up to and throag'i the 20th year. This amount shall be placed into the employees base pay after the 3$ is applied to the employees base on 10/1/98. 27.2 The Job Classification/Grade Chart is set forth in attached Exhibit A. 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. 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 :seeds of the City make such action necessary. (b) xcept as provided in the second sentence of this 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 lc.~er position classification pay range which provides ti,e 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 -52- will notify the Union of the intended changes no less th~.n ten (10) working days prior to the effective date of chalye. Copies of the proposed changes will be forwarded to t;e Union along with the above notification. Afte- finalization, a copy of the revised specifications shall Ua forwarded to the Union as soon as is pcssible. -51- ARTICLE 25 CAREER DEVELOPMENT 25.1 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 $50.00 per month career development incentive. 25.2 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 5100.00 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. 26.9 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 annually on the employee's anniversary date for each additional license the employee obtains. The employee must stay for one (1) year after obtaining license. Zf the emplcyee 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 appropriate Department Head. 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 ~}n Employer -50- • on--prot~ation r--year sat~rp--t-i:cce ban-lcs ttm 'rr-the--pooi-tzndar thts.. • .. st • cretion 4 'an • 3e--each -49- ARTICLE 24 MILEAGE ALLOWANCE 24.1 Employees directed by the appropriate Department Head or his designee to use their private automobiles for City business, shall be compensated at the rate established per mile by the I.R.S.. -48- 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 re accompanied by a written explanation addressed to the $irectarvf--Pnbirc appropriate Department Head, setting forth the circumstances necessitating the replacement or repair, and the employee shall present the item(s) tc the Director appropriate Department Head 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 Ser_tion 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 iss~ied by the City. 23.6 The City agrees to continue to provide for the cleaning of the uniform articles as in the past. -47- 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 :Tnion, and notices by public bodies. In no event shall tYe bulletin board be used to post political material or controversial material. The Business Agent, his designated representative, or the Steward of the Union 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 aoDrooriate Deoartment Head 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 Y~oard privileges, following a meeting between the Employer and the Union. -46- ..e.... _.~ .. _ ._ .. ..~.........,~.,:.... ARTICLE 21 SAFETY AND HEALTH 21.1 The Pub~-ic Employer and the Union agree that they will conform to all laws relating to safety, health, sanitation and working conditions. The i'ub3te 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 ~ukrlic Employer and upon recommendations of the dub-lic Employer and the Union. Protective devices, apparel, and equipment, when provided by the c 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 Pub~rc Employer agrees to provide hepatitis immunization. shots to those employees within the bargaining unit subiect to the approval of the appropriate Department Head. who-are , ~'a!'~ aadfor Employees working-gin-these div4ssons who do not wish to receive the hepatitis immunization shots will be required to sign a refusal waiver to this effect. -45- r: 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. -44- employment, whether or not such employment is for remuneration, and includes self-employment. ed. 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 he 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 £alrli~b~tarY.s appropriate Department Head. If the matter is not resolved the employee shall discuss the matter with the City Manager. -43- 19.7 The use of City equipment at any time and the use of City employees during normal working hours fir 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. i-l~*e-othezmrse ion . die-granted tab-lis~red-rn urrent}y --activity es ich-~to--seed: t~ dc. 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 -42- 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. 19.4 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 ~ financial interest in the profits of any contract, service, or other wor.!c 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 care}~ cut their duties. Zt 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 cr 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 bl 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 appropriate Department Head immediately. A police report shall be made of any accident involving a City vehicle. -41- ARTICLE 19 CODE OF ETHICS AND USE OF CITY EQUIPMENT 19.1 19.2 It is essential to the proper conduct and operation of government that bargaining unit employees be independent an3 impartial, and that City employment not be used for private gain. This Article i.s intended to protect against any conflict of interest and to establish a code of ethics for bargaining unit employees. 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 tc 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. 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. 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. -40- 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 tha cause of the disability. 9. Obedience to or violation of any Department rule:, regulations and policies procedures, ar instructions to the employee by supervisors involving the cause of the disability. The decision to grant or deny special benefits is nct 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 (25$). Failure to obey safety regulations or to use safety devices shall result in disciplinary action, up to and including discharge. -3°- ARTICLE 18 INJURY IN THE LINE OF DUTY 18.1 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 ___~= 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 dal-_y 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 - 1/3$) 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 iYix~ector-b-f--~nbl-ic appropriate Department Head 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 opinior. 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: Consideration of degree of responsibility of employee/employer. Obedience to or violation of laws, statutes, or -38- period, the employee shall be considered to have recei~~ed z call-out, and shall be paid in accord with Article 17.i31i. Any employee designated by the Employer to be on standby duty shall receive thirty (530.0 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 (%) consecutive days. To he eligible for standby compensation, the employee must meet the following criteria; 1. The employee must respond by phone within twenty (=~) 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 (29) 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 rent period, he/she shall be compensated at the overtime rate of one ai:d one-half (1 ~) times his/her regular rate of pay for all hours worked, commencing from the time he/she reports bac'r. to work and ending when he/she is released for an eigt;t (&) hour rest period. 17.19 All employees shall be provided with at least a one-half (~i) hour lunch break which shall be the employee's own time. Zf 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 (9) hours of work and the second during the last four (9) hour period of work. -37- payment of three (3) hours at time and one-half (1'h) tha employee's regular rate of pay or the actual hours worked a`. time and one-half (1'h), 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. 17.19 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 (1'h) the employee's regular straight tir,~e 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 sha'_1 be entitled to work overtime as assigned or authorized by the appropriate Department. Head. It is understood that the City has the right to schedule overtime work as needed, and in a manner :Host advantageous to the City. 17.16 Overtime hours shall be distributed os nearly equal as possible among employees as long as such sharing ~•;ill not delay or increase the cost of the City's operations. 17.17 Employees required to be accessible by telephone and no*_ 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 -36- permitted to use the time off within a reasonable period after making a request to use same, provided it does nc,t unduly disrupt the operations of the City. Requests to use compensatory time must be made in writing to the employee's supervisor. e-regttest'-rests 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 anoth+,r employee for the employee's convenience, no overt.ir~~ compensation will be payable and the hours the employee worked as a substitute shall be excluded by the Ci*_y in the calculation of the hours for which the employee is entitled to overtime compensation. All such shift trading must he 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 fer 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 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 -35- 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 (40) hours siia:.l 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 (90) 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 azd 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 (24) 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 paperwor.-k is delivered to finance the appropriate payroll office 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 (l~z) 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 (lip) hour of compensatory time for each overtime hour worked. 17.4 Employees shall not be able to accumulate more than fifty (50) hours of compensatory time. Once the cap is reached compensation will be in the form of cash payment only. Tire City shall utilize the procedure set forth in Article i3.1 (e), excluding the 120 hour restriction in the event that employees reouest cash payment of accrued compensatory ti_s~e. 17.5 An employee who has accrued compensatory time will he -34- ARTICLE 16 BEREAVEMENT LEAVE 16.1 Employees covered by this agreement may be granted, upon approval of the appropriate Department Head and City Manager, time off with pay not to exceed three (3) 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 tt~e 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 tkie time of death. Upon request and subiect to the approval of the Citv Manager employees may be granted bereavement leave as provided in 16 1 to attend the funeral of the e~ployee's first cousin, aunt or uncle. 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 ftirectvr-of appropriate Department Head with verification of death before compensation is approved. -33- `- _, .... .. a ARTICLE 15 MILITARY LEAVE 15.1 The Employer federal laws . }p-with-the tam----Era-- itete i'a :.'-s -MrYtarp 15.2 Employees who by reason of membership in the United States Military Reserve or the National Guard, and w)ro, by the appropriate authority are ordered to attend-anmra~-tra-i-ning periods, full-term active duty, short-term active duty, weekend drills, or summer traininv shall be granted leave with pay for such training not to exceed seventeen (17) working days annually_ Such military leave shall be without loss of personal leave, pay, time, or efficiency rating, on all days durinv which employees are envaved in traininv ordered under the provisions of the United States military or naval training regulations for such personnel whet: assivned to active or inactive duty. and-shall--trot-3~ave t . 15.3 Military leaves in excess of seventeen (17) working days will be granted in accordance with federal law and may be leave without pay. Employees Mo- empivyee entitled to such military leave shall not lose the rank, grade, rating, or seniority held by--him at the time such leave is granted except as may be authorized by state and federal law. 15.9 Employees requesting mi notifying the Hrrectorv7 Department Head as soon military leave sack--tra official set of orders traininv, as soon as pray litary leave are responsible for Engi~reer appropriate as possible of the dates for the and to provide an or other documentation of the ~ticable. -32- ARTICLE 19 LEAVES OF ABSENCE WITHOUT PAY 19.1 Leaves of absence without pay may in the sole discretion of the City Manager be' granted ss when annual leave has been exhausted. Such--authorized--lEa-se endar daps- }-4-;-Q-~- btTIE2' 14.32 All leaves, with or without pay, must should be requested by the employee in writing and must should be approved in writing before becoming effective. 14.$3 An employee's starting date will be adjusted for leaves of absence without pay in accordance with state and federal statutes and local ordinances. est-for-reave tiie---gri evance- r,,. ar . -31- i . sce--ai-e ersona~ ~reave _ orra~~eave ss f The accrual rate of Personal Leave Hours ~ -iz~atian -vf shall be determined as follows: Tenure Maximum No. of M~i~rr-i-mv~Hti-1-rr-- Hours Accumulated tirnr-Pex-fear each Bi-Weekly Pay - Period (provided maxi- mum cap has not been reached) Beg. 1st through 3rd yr. 4.93 9-E3 Beg. 9th through 7th yr. 6.97 88 Beg. Bth througa 11th yr. 8.0 80 Beg. 12th through 15th yr. 9.59 S@ Beg. of 16th year and over 10.16 88 -30- suspended if in the discretion of the $irector-~f appropriate Department Head such leave would pose a manpower 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 nine-hundred sixty (960) hours. Thereafte~~, employees must utilize their Personal Leave Hours pr forfeit the ability to accumulate any additional hours. d. For Personal Leave used for illness, the E-ity Employer 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 in this Article. For the purpose of cashing in accrued leave time, the Pub~TC Employer will permit the employee to make a request for payment two times during the year as follows: on the first payday in June, and on the firs*_ payday in December. Cash withdrawals are restricted to the excess over one-hundred twenty (120) hours in the Personal Leave account or: as of the second preceding pay period that precedes the designated withdrawal date. Request forms are available in City Hal?. Zequests must be submitted at least two (2) wee}:s preceding each of the above dates. 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. ~ubject to the res*_rictiens contained in this Agreement Personal Leave Hours shall accumulate during each pe~y period and shall be credited to the employee at the Aral of the pay period. h. Ar. eligible employee who resigns with at least two (2) 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 nine-hundred sixty(960) hours. -29- ARTICLE 13 PERSONAL LEA~IE 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 considered compensation for services rendered. All bargair_ir.; 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 bic~uarks-t€ngireer, appropriate Department Head or his designee. e~vrra~--wave-fvr North--i:n -tt~eis b. When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify the.r supervisor, or if he is unavailable the Hirertor-of ~Cxb~iz-Works appropriate Department Head 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 is unavailable the f3irector-of appropriate Department Head; no later than one (1) hour before shift starting time. except as stated above when an employee is planning to use seventeen (17) hours or more of Personal Leave i-lours he must submit his request to take leave in writing to the Works~-Eagiaeer appropriate Department Head or his designee at least fourteen (19) calendar days prior to the first day of the intended absence. When an employee is planning t:o use less than 17 hours of Personal Leave Hours he must submit such request at least forty-eight (98) k~our° prior to the first day of the intended absence. T)~e+ appropr~a~ e Department Head or his designee shall respond to t:ie 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 -28- 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 (24i 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. -27- ARTICLE 12 HOLIDAYS 12.1 The following are recognized as holidays under the terns o` this Agreement. New Year's Day January 1st Martin Luther King's Birthday 3rd Monday in January President's Day 3rd :ionday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Thanksgiving Day 4th Thursday i n November Friday after Thanksgiving Day Christmas Day December 25th Employee's Birthday Any day that the City Commission 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 at straight time rate in order to equali;:e 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 Rub~tc Employer's discretion, either one and one-half (1'~) of the employee's regular hourly rate of pay, or one and one-half (1~) hours 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 !tay immediately prior to the observed holiday and the first. regularly scheduled working day immediately after tYee observed holiday unless the employee is on paid vacation, military leave, sick leave substantiated by a doct:or's certificate, or other absences excused by the 9rrector--o7 _ appropriate Department Head. 12.5 Employees who have been assigned holiday work and fail *_o report for and perform such work without reasonable ca'.~se shall not receive pay for the holiday or compensatory tire.e. -26- of this Agreement must be completely exhausted. -25- 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 Pub~tc Employer., provided the Arbitrator's decision is not outside or beyond the scope of the Arbitrator's jurisdiction, or is not iri violation of public policy. The authority ar~i responsibility of the ~Yic Employer, as provided big Florida law, shall not be usurped in any matter. 11.9 The cost of the Arbitrator's services shall be divided equally between the ~uub~ic 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 i.n 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 c;t 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 ~r 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. 11.6 Prior to initiating judicial review by any court for az+y alleged violation of this Agreement, the grievance procedure -24- ARTICLE 11 ARBITRATION PROCEDURE 11.1 Whenever the iJnion requests arbitration in accordance with the provisions of the Grievance Article, the parties shall within five (5) working days following appeal to arbitratior. -jointly request the Federal Mediation and Conciliatior. Service to submit a panel of seven (7) arbitrators, each c;f whom shall be a member of the National Academy c•f Arbitrators. Arbitrators shall be selected from such panel by alternately striking names from this list (the Unioi: 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 to 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 tc 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. If the Arbitrator finds that the employee has not committed, participated in, or was not responsible for, the act of misconduct for which he -23- grievances shall be adjusted as quickly as possible and to 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 o~? these days. For the purpose of calculating time limits, tae day on which a grievance, or a reply by management to a grievance, is received, shall not be counted. Failure or" 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 4) to observe the time limits for any steps in this Article without a mutually agreed written extension of time shall terminate the grievance. -22- for the purpose of settling 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 ~ub3c Employer. The immediate supervisor sha~_1 orally communicate a decision to the grievant within five (5) working days from the date the grievance was prese:~teci to him. Step 2 - If the grievance is not settled at the first stomp, the grievant within five (5) working days of the immediate supervisor's Step I response, shall present the grie-rance in written form (in compliance with Section 10.4) to the appropriate Department Head with a copy to the City Manager. The ~rrectox-of-PUb-lir--Works appropriate Department Head or his designee, sha).1 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 "--_____ __ _-_'-c-works appropriate Department Head or his designee shall notify the grievant of his decision no later than ten (10) working days followir:g the meeting date. Step 3 - If the grievance is not settled at the second step, the grievant within five (5) working days frcm the date of the ~' Department Head's decisio:: 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 Manaaer if 'the grievant requests union representation. 1'he City Manager or his designee shall notify the grievant in writing of hi~~ 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. Step 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 Of~fic:e of the City Manager no later than ten (10) wor);ir:g days after the response is received in Step 3 of the grie~~ance procedure. 10.6 It is the mutual desire of the Employer and the Unior: *_hat -21- ARTICLE 10 GRIEVANCE PROCEDURE 10.1 In a mutual effort to provide harmonious working relati.or~s 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 ~nb~tc 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 Pubs-i.-c Employer and the Union. 10.9 All grievances proceeding to Step ZI 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 Publrc 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, (~; 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 ::o his immediate supervisor within five (5) 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 fire (5) working days within return to his job to orally present his grievance. Discussions will be infor-ial -20- such a document is being placed into their official personnel file. -19- ~. (b) No written reprimand in an employee's personnel file shall be used as a basis for further disciplinary action if; More than two (2) years has past since the written reprimand was issued; and 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 $irectar--of---~vbt-rc appropriate Department Head. 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 t)ie 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 attact.ed to the notice and the employee may waive his right to such hearing. 9.11 Deroaatorv information including disciplinarv or detrimental documents will not be entered into an employee's official personnel records unless the following has been accomplished: 1. The emplovee is notified: a. that the information is to be filed within their official personnel records, and b. Of their right to submit a grievance if the1+ disagree with the action, and 2. The emplovee is given a copv of the information, and 3. The emplovee is given an opportunity to subc~it information in rebuttal to derogatory informati~?r1 and 9. The emplovee has been asked ~o acknowledge ti:zt. -18- under the influence of alcohol and/or drugs pursuant !~ Article 28 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 Birectvr . Emoloyer. 9.6 A copv of the written reprimand shall be furnished to the employee nom--th+~-date at th? time the reprimand is signed--bp presented to 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 subTit a written statement responding to any reprimand issued. The statement shall be limited to th=_ 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 ~i~ Employer, the Employer shall advise the employee if the questioning may lead t~ 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 Yo this section, and a union representative is riot immediately available, the Employer shall postpone the meeting fora reasonable time in order for the e.~~pio:ece to obtain union representation. 9.9 (a) No written warning in an employee's personnel fire shall be used as a basis for disciplinary action if; More than one (1) year has past since the written warning was issued; and the employee has not received any other disciplinary action against him for similar or like matters within that one (1) year from the date of the written warning. -17- (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; i (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 sha'_1 not be deemed to exclude management's right to discharge or otherwise discipline employees for any other~ust cause. 9.3 Disciplinary Actions A. All disciplinary actions shall normally be progressive. Written warning notices shall normally be provided i:o 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. 9.4 Notwithstanding the provisions of 9.1, the Employer may suspend or discharge an employee immediately for being -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 t::i.s Agreement; (h) Violation of a work rule or regulation; (i) Failure to immediately report vehicle accidents involving damage to any City property; (j) Conduct that could bring discredit to the Employer; -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. The City_ 0~3T'.IDfY-O'f-'t'1'IQ"e • ~ S "CtY -oF , ~ F.e,` 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. -effortto--supply--the- Etnirn with- '~xtlirrg am r--aid--rtr2~erarrd regtrl man'tt , ~rrge-the-rn-lEs -14- reasonable ime after creation amendment, or deletion. 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 cr an employee who has been transferred, promoted or demoted). The City Manager has the discretion to extend tk;e 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 fn~Ytc Employer may decide to terminate a probationary employee with or without cause. Such decision to terminate shall rot 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 him probationary period. If more than one u employee is hired on the same day, seniority shall be determined by the day 11 -31) of birth, with the emalovee with the lowest numeric day of birth having the most seniority. 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. E'urther, 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 skia].1 not be subject to the grievance or arbitration provisions of this Agreement. -13- opportunity to be present at any meeting called for the 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 tiT~e spent by union representatives in investigating, presenting, and adjusting grievances or disputes. -12- reasonable time off, without loss of pay, to settle 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 grievance:: on the job site which is within their designated jurisdiction. Purs»ant to^hapter 119 of the Florida Statutes, 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) except 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 requireu. If it becomes necessary for a union steward tc receive written permission, the department will provide a form which will be used fot 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 Uniori 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 to the same rules of the Employer as all other public employees, except as specifically provided in this Agreement. 6.7 No ezr.ployee shall function as a union steward while on leave of absence, without mutual consent of the Union and the Employer. 6.8 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 trotify the supervisor of the general nature of his business. Su<:h 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 -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 locati~:::s of the Department of Public Works and the Department of Parks and Recreation. Location Number of Stewards Plant/Public Works/Sanitation/Water Distribution/Parks and Recreation Maintenance 1 Atlantic Beach Water Wastewater Treatment Plant 1 Buccaneer Water/Wastewater Treatment Plants 1 The Union may appoint one of the above stewards as a fioving 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 t:he stewardship needs of the Union. 6.2 A written list of union stewards shall be furnished to tt:~: Director of appropriate Department Head prior to the effective date of their assuming duties cf office. Union stewards will not perform any grievance ~aor3; 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 ~irector~ appropriate Department Head, 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 hours or during the lu:ich hour period of said employees on Employer property in areas mutually agreed upon by the Union and the Employer tc discuss union business, including but not limited tom, grievances . e-~3niorran•~ the-EmlrYoper. 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 -10- exercise of such rights shall not preclude employees or their representatives from raising grievances, shoa:.d decisions on the above matters have the practical consequence of violating the terms and conditicns of t?xis Agreement. -9- ~ 1. retained by the Employer, except as expressly acrd 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 ary 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 ricPubs, functions, prerogatives and privileges, or the effect of such decisions. 5.3 Any and all aspects of wages, hours, and working c:onditions, which are not specifically covered by this Agreement, may he initiated, instituted, continued or discontinued withour 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. 5.9 It is agreed that every incidental duty connected with operations enumerated in job descriptions is not always comprehensive and employees at the discretion cf the City may be required to perform duties not within thei~~ specific job descriptions as long as they are related to Department operations and have the approval of the i3rector-of-Pubii-c WorksfEngi:neer. appropriate Department Head. 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 or the City Manager arrdfar- r during the time of the declared emergency only' provided that wage rates and monetary fringe benefits shall not be suspended. 5.6 The f~ul:irc Employer's failure to exercise any function or right hereby reserved to it, or its exercising airy 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 Pssb~-rc 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 shall not be subject to the grievance or arbitra.ti.c::•. procedures of this Agreement; provided however, that t!ie -8- . , ARTICLE 5 MANAGEMENT RIGHTS 5.1 Except as expressly provided for in this Agreement, the Rubfi~ Employer retains the sole and exclusive right to manage its operations and direct the work of the bargai.ni;~g 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 therceL~t^-c Employer exercise its management right and decide to contract out existing and future bargaining unit work, the Rub3-tc Employer agrees to notify the Union of its d-ecis-i<:n intent to subcontract no less than fourteen-(-~41 thirty (307 calender days prior to implementation_ of-tfie-decision-and The Emoloyer agrees to meet with the Union uoon request of the Union; however, such obligation to meet with the Union shall not affect the ~lic Employer's right to implement said decision free from any bargaining obligation); to determine whether and to what extendt the work required in its operations shall be performed by employees covered b_a 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, operation: whenever in the opinion of the~Pubiic Employer good busi.r_ess judgment makes such curtailment or discontinuance advisable; to hire, lay-off, assign, transfer, promote, demote and determine the qualifications of employees; to create ne~a 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 Employer; to assign overtime work; to discipline, suspend, an di 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 change::, subject only to such regulations governing the exercise cf these rights as are expressly and specifically provided in this Agreement. 5.2 The above rights of the Employer are not all inclusive taut indicate the type of matters or rights which belong to =nd are inherent to the Employer in its capacity as manager ::~ the Public Services Department of the City. Any of tl:u rights, powers, and authority the Employer had prior to entering into this collective bargaining agreement are -7- ARTICLE 9 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 947, Florida Statutes are prohibited; 1) Solicitation of public employees during working hours or 2) Distributing literature during working hours in areas where the wor'.< of the public employees is performed. (b) The circuit courts of the state shall have jurisdictic:~; to enforce the provisions of this section by injunctia:: and contempt proceedings if necessary. A public employee who is convicted of a violation of any provision of this section may be disctiar3ed or otherwise disciplined by the laic Employer notwithstanding further provisions of this or any other agreement. (c) No employee organization shall directly or indir~ct'_y pay any fines or penalties assessed against individuals pursuant to the provisions of this article. 9.2 The fub~rc 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 emplo}`ment suitable to maintain a competent work force. The ~ubli-c 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 employee:>' skills and ability without regard to race, color, creed: religion, national origin, handicap or sex. 4.3 In accordance with Chapter 997, Florida Statutes, employe~a.=_ shall have the right to form, join and participate in :,:- 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 o 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 Arti,~i.e 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 497.507, 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 whetYier 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 nave jurisdiction to enforce the provisions of this Section by ex parte injunction and contempt proceedings, if necessary. -5- 2.6 The City agrees to furnish the Union upon request with an annual computer print-out of all the employees within the defined bargaining unit. The print-out will contain the employees' name, address, y---nmrtber; classification, current rate of pay, date of hire and telephone number. The City will not be responsible for the accuracy of the information provided, however, the City agrees that the information provided will be as accurate and up to date as reasonab~ possible. -4- , ARTICLE 2 PAYROLL DEDUCTION AND DUES 2.1 Upon receipt of a written authorization from the employee covered by this Agreement, the etc Employer will deduct from the employee's pay the amount owed to the Union by such employee for dues. Zt is understood that this prov~.sior. will provide for deductions equal to the number of. pa} periods per year. The etc 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 ~ttb3rc Employer in writing over the signature of the Business agent Manager of the Union and shall be done at least thirty (30) calendar days in advance of the effective date of such change. The union will make Emolover. The Pub3i-c Employer's remittance will be deemed correct if the Union does not give written notice to the fub~i-c Employer within seven (7) calendar days after remittance is received of its belief and reasons stated therefore that the remittance is incorrect. 2.2 The Union will indemnify, defend and hold the Pubi-rc Employer harmless against any claim made, and against any suit instituted, against the pttb~ic Employer as the result. of any check-off of union dues. 2.3 An employee may revoke his authorization for deductic•n of dues provided the employee gives thirty (30) calendar days written notice to the Pssbirc Employer and the Union. Upon receipt of such notification, the ~ssb~ic Employer shall term=pate 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 earning:> for that payroll period are less than the amount of dues to ba chec}:ed off. Net earnings shall mean net after required deductions_ , S , perrsirxrs; -rs-e:ii-r. arrson, 2.5 If there is an amount deducted in excess of wha~= 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 t:,e Union in the form of union dues. -3- ARTICLE 1 RECOGNITION 1_1 Pursuant to and in accordance with all applicable provisions of Part II of Chapter 947, Florida Statutes, the publ-~ Emplover recognizes the Union as the exclusive collective bargainino representative for those full-time emplovee~in the unit lion--NO---O2~-}; ae, provided in the attached Exhibit "A", for the purpose c~ bargaining collectively in the determination of the wages, hours and terms and conditions of employment of those puhlic employees within the ~owi-rrg bargaining unit-_ i-NE-L~}HE t~-£itp-of t-in • , Frem~~,-i,F~F_~,a_;~xl~:.x;-„ _-~rxnn~~~~Ttct~-i-Z,- , S3riZtdt-T01TidDZicE Maintenance . ;-~ferhanic--II;~ ~arri , Y'ra-ine" astewatcn-'tray nee; ~rcd-~arritat:ion €oremarr e-~-itp-~rf-At anti c $eac}t- The Employer agrees to promptly notify the Union in wri-tiny of its intention to create any job classification not specifically listed above in Exhibit "A", 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 *_o add such classifications to the description above at the request of either party. 1.2 Zt is further understood Manacrer or his designee the Union in any matter Employer, only however authority regarding it Manauer shall designate and agreed that the Business #cgeTrl will be the official spokesman for between the Union and the Rttttb~lzr. on the matters which the Union liar s membership. The Business #cgen*_ in writing the name of his designee. -2- AGREEMENT THIS AGREEMENT is entered into this 1st day of October, X995 1998, between the City of Atlantic Beach, hereinafter referred to as the Pttb}ic 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 he the public policy of the Pub~ie 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 he construed to include reference to both sexes. -1- ,. BULLETIN BOARDS -45- UNIFORMS -96- MILEAGE ALLOWANCE -47- UNION TIME POOL -45- CAREER DEVELOPMENT -49- WAGES -51- ALCOHOL AND DRUG TESTING -53- SENIORITY -5;- JOB QUALIFICATIONS AND PROMOTIONS -Sf..- SEVERABILITY -59- SAVINGS CLAUSE -60- ENTIRE AGREEMENT -61- DURATION OF AGREEMENT -62- SIGNATURE PAGE -63- EXHIBIT A -6:- EXHIBIT B -65- -ii- r , _ . ,... _.. .. -~' Table of Contents Article No. Title Page No. AGREEMENT -1- RECOGNITION -2- PAYROLL DEDUCTION AND DUES -3- NO STRIKE PROVISION -5- MANAGEMENT SECURITY -5- MANAGEMENT RIGHTS .. -%- UNION STEWARDS AND UNION REPRESENTATION -10- PROBATIONARY EhIPLOYEES -13- RULES AND REGULATIONS -14- DISCHARGE AND DISCIPLINE -15- GRIEVANCE PROCEDURE -19- ARBITRATION PRUCEDURE -22- HOLIDAYS -25- PERSONAL, LEAVE HOURS -27- LEAVES OF ABSENCE WITHOUT PAY -30- MILITARY LEAVE -31- BEREAVEI9ENT LEAVE -32- HCURS OF WORK AND OVERTIME -33- INJURY IN THE LINE OF DUTY -37- CODE OF ETHICS AND USE OF CITY EQUIPMENT -3J- INSURANCE -53- SAFETY AND HEALTH -~~- -1- AGREEMENT between NORTHEAST FLORIDA PUBLIC EMPLOYEES' LOCAL 630 LIUNA, AFL-CIO AND CITY OF rf 1tle ~eac~ - 7lo+tda cITY of ATLANTIC BEACH, FLORIDA October 1, 4996 1998, through September 30, 4998 1999 i Agenda Item: H Date: 1L~~ 8 CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT SUBJECT: Public Works Union Contract. AGENDA ITEM: Yes. ACTION REQUESTED: Approval of Public Works Union Contract retroactive to October 1, 1998. DISCUSSION AND/OR BACKGROUND: The City and Public Works Union Negotiation Teams have agreed to the provisions of a new contract. For your review, attached is a contract with language that has been added indicted by underlining (_) and language that has been deleted indicated by striking (---- ). Also attached is a contract with all changes made. The key features of the proposed contract are: 1. One year contract from October 1, 1998 through September 30, 1999. 2. Pay increase of three percent (3%) effective October I, 1998. 3. Placement of monthly Longevity Pay received after year 5 ($20/month), after year ] 0 ($40/month), after year 15 ($60/month), and after year 20 ($80/month) into base pay of employee. 4. Increase in Standby pay from $25 per week to $30 per week. SUBMITTED BY: City Manager Jim Jarboe FUNDING: Funds for these actions are currently within t/he budget. REVIEWED BY CITY MANAGER: ` 2 Attachments: 1. Union Contract with changes indicated 2. Union Contract with changes made d D b f ~ ~ ~i~rhh,.G a n Tp'r .i iuu.:a, c ti.'. ~.a~~... .. lL ^ ,+n. .. ...a~.~~un Li. d /i/.'/a i,u.C.v. n'.•~7m 1491 Atlantic Blvd. Neptune Beach, FL 31266 Tel: (904) 241-7651 FAX: 241-2029 I1-Z3-00 ~Jw~- . -~ GRAVHIC DESIGN • FREE PICK Ur & DELIYEAI DIGITAL COLOR OUTPUT fROM MAC 8i PC • COM7LETE BLUEPRINT SERrICE ONE 70 FOUR COLOR PROCESS PRINTING CORRECTION THIS DOCUMENT HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY .... it--~- iii ii ~~i ,~,~...,..a.... ,~~ .~, L-F Preserr~arion Brittle Books Checklist Filmer ~ ~L>STER~iEG.4T"I~-E STORAGE ~L?IBER: ~'JJJ3'~.) k.1. l 2 End of Titlcw"olume ~;1r: Jf ROILB00 0 ^m .! i:1.'an~ ne»' roll: - '_ _.:. - -- =-- --'- .-_._ -smr 3\ n... abr. _~1d :: LT. .:0 :i 1a~ JICSe dCOCS. c~:iC ]Ol'a:C :0 ZC:J. !~ J_acc i.:. for :elder (rz'e^.r: cranks) and rotate :_-ra s., ::.: counrer is facing you. _? eoa:e >:ac J; :oil bookvoiture tagshcet deck by: c_x :C3. `es 3r_o:~ Titre cage and 5;1e of book _ le....T..[n:. laser: ; ::de :agscec: lad Luis record for the book 1~eu::o be :iltaed mto deck. FilLag in cke appropriate decimal digit(s) on a copy of the B` number tagsheet Fiifutg in Microform Technical Data cage[ with rcdcc::on n^o. B` segment number and date. Ituett t:.ro deck. Rc-c~~e Oiaic and or whim slip from book and place w::h QC report for the book.. ~ Se: camera to desired reduction level._~j_ ~2eccrd ~:ducnon on QCR F.e^ard Vbkage on QCR Star! title by filming appropriate ITS I~~Z Tun on elpasure lamps at desired voltage ~mqk '~blu me ITS _ .-~ ?lace Ti ~e and `icts3ici:cgca_`_:c sic:: bacl- qtw _...OiOCt '~'. u~ 532::a: w :ire number of ~an:cs used ir.'c<rosures' block of QC :cport. For the Srst book on the roll, this will be the aw:.ber shown s'~'e camera :ot:atc:. For subsequent hocks, submc: the ~.nal came count from the star[ coca[ R:n:.^t 6aok :c its'^oc End of Roll ~ Film end of roll, Please Rewind. Space film for milt: (rHeaw cranks) Tort on ca.^te:a lights rhea :tun off camera power. Fiais~ .`alirg our :ii.:. boy label. ,.ca? ..- ltd ~u::arse-up rol: in : _.. bps. ~ :"b ~~'. D r S• ~ n $~ It ly'LLYa~~I ~_-w~YiL r: .. •: .::,. v.x...u x i~/,,.~..,,,i,~...,,.. Z„~ II -23-00 1491 Atlantic Blvd. Neptune Beach, FL 32266 IlL:,I.d J.: Ld..::..,.r.:l ll Sl;.:..,ul Tel: (904) 241-7652 FAX: 241-2029 GRAPHIC DESIGN • FREE PICK UP Bi DELNERt DIGITAL COLOR OUTPUT FROM MAC B PC • COMPLETE BLUEPRINT SERVICE ONE 70 FOUR COLOR PROCESS PRINTING Control and Svstem Improvement Formula Grant State and I. Signature Page in witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections including strikeovers, whiteouts, etc., on this page are not acceptable. State of Florida Department of Cottlmunity Affairs Bureau of Community Assistance By:_ Type Name and Tit e: clayton H Welder. Cotmnunit}t Program AAmi ni et rarnr Date: /O- 2ln-5~ Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) By: !.~-c<.zax.~w~(~ccA.liuc ~ ~ta,~ar Type Name and Title: /~ W y 0 '!~ Date: "I 1 A q 8 //^^ //~ FEID Number: ~9 _ ~QCTJ~ oC.[a Implementing Agency Official, Administrator or Designated Representative By: ~~~ Type Name and Title: J ItFrrl~~ ~ - ~ /~~ 3oE C r 7 / M IQfu ~ ~ Date: Q~~ 9 i948 Sabgrant Application Pockage Section//-23 7997Apptication Drug Control and System Improvement Formula Grant Program EEO Certification Letter -Implementing Agency Mr. Clayton H. Wilder, Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Criminal Justice Agency Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section S01 ojthe Omnibus Crime Control and Safe Streets Act oj1968 as amended, t~at...(Ini±ial one of the following:) Criminal Justice Agency: X Does meet Act criteria. Does not meet Act criteria. I affirm that I have read the Act criteria set forth in Subgrant Instructions. I understand that if the implementing agency meets these criteria, it must participate in fire subgrant recipient's EEO Program or formulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also aium that the implementing agency...(Initial one of the following:) X Has a current EEO Program Plan. -Does not have a current EEO Program Plan. I further affirm that if the implementing agency meets the Act criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law requires it to participate in such a program or formulate, implement, and maintain its own program within 120 days after a subgrant application is approved or face loss of federal funds. Requves signature of authorized official: Type Name and Title: David E. ompson, Director of Public Safety By: ~ ~~ Dater//yam Subgran(Applicarion Packagc SFY7997 EEO Certification Lcaers Appendix /V - 3 Drug Control and System Improvement Formula Grant Program Mr. Clayton H. Wilder, Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section SOI ojthe Omnibus Crime Control and Safe Streets Act oj1968 as amended, that...(Initial one of the following): Subgrant recipient X Does meet Act criteria. -Does not meet Act criteria. I affirm that I have read the Act criteria set forth in the Subgrant Instructions. I understand that if the subgrant recipient meets tltese criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient...Initial one of the following: X Has a current EEO Program Plan. -Does not have a current EEO Program Plan. I further affum that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Requires signature of authorized official: Type Name and Title: George Foster Human Resources Duector BtY'i''~t'GD~'~~/y !" Date: 6 3/~~ Subgranr A.pplrtarion Package SFY 1997 Ef.O Cenif-cation Letrtrs Drug Control and System Improvement Formula C-rant Program (F1lward 6yme .4lemorul 5rau and Local Assistance Program) this federal contract, grant loan, or woperativc agreement, Lhe undersigned shall complete and submit the sundard form, Disclesur of Lobbvina Activities, according to its insuvctions. c. The undersigned shall require that the la nguaae of this certificatier, be included in award dacur..ents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 50. Stan Restrictions on Lobbying In addition to the provisions contained in Paragraph 30 of Se~.ion H, Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a stau agenry is prohibited under this contract. 81. Staumer2 of Federal Funding Percentage and Dollar Amount When issuing 5tauments, press releases, requests for proposals, bid solicitations, and ether documents describing projects or programs funded in whole or in part with federal funds, all aranues and recipients receiving these federal funds, incuding but not limited to stau and local govemmcnts, shall clearly stoic: a. Thepercentageofthetataicostaftheprogramorprojectthatshallbefinancedwithfederalfurds,and b. The dollar amount of federal funds to be expended on the project or program. 82. Project Closeout Project funds which have been prcceriy obiiaaud by the end of the subgrant funding perad will have $O days in which to be liquidaud (expended). Any funds not liquidated at :he end of the °O-dayperiod will lapse and revert to the department. A subgrant funded proiec will not be c:osed out until the recipient has sat.sned all closeout requirements in one Wool subgrant closcoue package. 33. background Check k i5 strongly recommended Lhat all programs targeting juveniles, implemented ty other than a saver.. Igw enforcement officer or program. licensed by the Depar`,.ment cf Health and Rehabilitative Serdces, cer.-uc: background cheeks on all perscnrel providing direct se: vices. 54. Immigration and Nationality Ac No public funds will intentionally be awarded to any cvLraC~.cr rvrc knowingly emdeys urauther',,.a„- 3iien workers, constituting a violation of the employment provisions contained ir. 8 !1~ r..r-c~ion 1~2?a(e), Section 274A(e) of the Immigration and Nationality Act ("INA'). The Department Shall eorsider the employment by any contractor unauthorized aliens a violation of Sccticn 274A(e) ~ the INA. Such violation by the subgrant recipient of the employment provisions contained in Section [74A(e) of Tke INA shall be grounds for urilaural cancellation of this contract by the Department. 55. Drug Court Projects A Drvg Court Project funeled by the fiyrne Formula C-rant Program r,.ust contain the lO key eiemcntsc ::fired in the U.S. Department of Justice. Office of Justice Programs. Drug Courts Program Office, prcoram guidelines "Defining Drvg Courts: The Kty Components", January 1°O7. This documene can be accessed on the Office of Justice Programs World Wide Web Homepage: Freip://www.ojp.usdojjob. SFl'1°O° Subgrant /1PPtication Package Drug Control and System Improvement Formula Grant ?rogram (Edward 6yrne Memorial Stau and Local Assistance Program) 26. Criminal Inulligenct sysum The purpose of tht federal regulation published in 28 CFR Part 23 - Criminal Intelligence Sysums OPeraGng Policies is Lo assure that recipients of federal funds for the orincioal ouraose of operating a criminal inulligence sysum under the Omnibus Crime Control and Safe 5ueets A~ of 1966, 42 U.5.L.3701, et sea., as amended (Pub. L. 90-351, as amended by Pub. L. 93-83. Pub. L. 93-415, Pub. L. 94430, Put. L. 9450. Pub. L. 95-115, and Pub. L. °6-15~, use those funds in conformance with the privacy and eonstifutional rights of individuals. The recipient and a criminal justice agency Lhat is the implementing agency agree to certify that they operau a criminal inulliaence sysum in accordance with Sections 802(a) anelBiB(e) ofthe Omniws Crime Control and Safe Streets Act of 1968 as amended and comply with criurv as set forth in 26 CFR Part 23 - Criminal Intelligence 5ysums Operating Policies and in the Bureau of Justice Assistance ~ Formula Grant Program Guidance. Submission of this eertfication is a prcrcquisiu to ~~terimg into this agreement. This cerification is a maurial representation of fact upon which reliance was placed when this aareemerrt was made. ff the recipient or criminaljusticc agency operates a criminal inulliaence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires asubgrant-funded criminal irttelligcnce system project u be in compliance with the Act and federal regulation Prior to the award of federal funds. The recipient is responsible for the continued adherence to the regulation gweming the operation of the system or facts the loss of federal furls. The department's approval of Lhe recipient agreement dots not constituu approval of the subgrant fi:nded development ar operation of a cnmira! inulliaence sysum. 2?. Non-Procurement, Debarment and Suspension Thc rccipitrrt agrees to comply with Eucutive Order 12549, Debarment and Suspension (34 CFR, Parr E5, Section B5SI0, Participant's Responsibilities). These procedures require the recipientu certify iL shall not tour into any Irnver tiered covered transaction with a person who is debarred, suspended, declared ineligible ar is voluntarily exc:uded from Par'_icipating in this covered LransaC„ion, unle<s authorized bythe department. 28. Payment Contingent on AppropnaUan The 5tau of Florida's performance and o'cligation to pay unclerthis aarecmcnt is contingent upon an annual appropriation by the Florida Legislature. 2°. Federal Rcstririons on Lobbying The recipient agrees w comply with 5eerion 319 of Public Law 101-121 set ferth.i^ "Slew. Restrt-.sns on Lobbying; Inurim Final Rule," Published in the February 26, 1990. Federal Reaisur. Each Person shall file Lhe most current edition of this Certificaticn And Disclosure Form, if applicable, with each submission that initiaus agency consideration of such Person for award of federal contract, anrrz, ar cooperative agreement of $100,000 or more, ar federal ban of 5150,000 or more. This certification is a maurial representation of fact upon which reliance was placed when this agreement was made. 5u'omissien of this cerc~catian is a prerequisiu u enuring into this agreement subit,~_ W conditions and penalties imposed by Section 1352, T2b 31, United 5taus Code. Any person who fails to file the required certification is subject u a civil penalty of not less than 510,000 and not more than $100,000 for each failure to file. The undersigned cert~es, to the best of his or her knowledge and belief, that: a. No federally approoriaud funds have been paid or shall be paid to any person for influencing or attempting to influence an afncer or employee of any federal aatncy, a member of congress, an omcer or employee of congress, or an employee of a member of congress in connection with Lhe awardirw of any federal loan, the enuring into of any renewal, amendment, or modification aF any federal eorrtract, ararrc, loan or cooperative agreement. " b. ff any non-federal funds have been paid or shall be paid to any person fcr influencing or attiemctina to influence an ofricer or employee of congress, or an employee of a mem'acr of congress in conner'en w'2h SFY toao cvbgrani r.Pplication Pockaac AP}~U"~' Drug Control and System Improvement Formula Grant Program (Edward 6yrne Memorial 5tau and Local Assistant,: Program) 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the burcau, of the U.S. Department of Justice bureau of Justice Assistance ar both have the privilege of visiting Lhe project site Lo monitor, inspect oral assess work pe-crmed under this agreemenK. 23. Publication or Printing of Reports a. before publication or printing, a final draft of any report required under or pertaining Lo this agreement shall be sent to the department for its review and comment. b. Publications or printed reports covered under a. above shall include the following staumeni5 on the cover page: (1) °This report was prepared for the Florida Department of Community Affairs, James F. Marley, Secretary, in cooperation with the U.S. Department of Justice, burcau of Justin Assistance.' The next printed line shall identify the month and year the sport was published. (2) "This program was supported bygrant ~ awarded to the Department of Community Affairs, 5tau of Florida, and by the 6urwu of Justice Assistance (BJA), Office of Justice Programs (OJP), U.S. Departmer2 of Justice. Tne 6JA is a component of OJP which also includes the bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and Lhe Office for Yctims r Crime." (3) "Points of view, opinions, and conclusions expressed in Lhis reoort arc those of the recipient and do not necessarily represent the orficial position or pclitics of the Stau of Florida Department of Community Affairs, the U.S. Department ofJustice, Office cf Justice Programs, or any otheragenry of the siau or federal government. 24. Equal Employment Opportunity (EEO) No person, on the grounds of race. creed, color or national onain shall be excluded from participation in, be refused ben~t5 of, or otherwise subjected Lo discrimination antler grants awarded pursuant Lo Public Law BS-564, Non-Discrimination Reauircmcnt5 of Lhe Anti-Drug P.^.~<c ink of I_°EB; Tit7c IV of the Ciwl Rahts Act of 1°64; 5ectan 504 of the Rehabilitation Act of 1ST;, ae amended; Title IX of the Edur~tion Amendments of 1972; The Age Discrimination Ar r of 1875; and. Gt:artment of Justice Non-Diserimiwebn Rcaulations 26 CFR Part 42. Subparts C, D, E, F, G and H. The recipient and a eriminaljustice agency that is the implementira agency agree w ee.-~uEy.!haL•J~.ry tither do ar do not mete EEO program criuria as Set forth in SeCwon ?01 of Thc FcdcralOmnibus Crime Control and safe StreeCS Act of 1966 as amended and that thry have cr have not formulaud, implemented and maintained a current EEO Program. Submission of this eertfication is a prerequisite to enuring into this agreemenrt. This certification is a maurial representation of fa :upon which reliance was placed when this agreement was made. H the recipient or implementing agency meet Act errteria but have not formulated, implemented and maintained such a current writun E.O Program, they have 120 days afurthe dauthisagreemerttwasmadetocomplywiththcActorfacelosseffederalfvndssubje ~tothe38netion5 in the Justice 5ysum Improvement Act of 1979, Pub. L. 96-157, 4211.5.0.3701, eL seq. (Reference section B03 (a) of the Act, 42 U.S.C. 3763 (a) and 2B CFR Section 422D7Compliance Information). Any stau agency, county or city rccciving §500,000 or more in federal Anti-Drug Abuse Act funds shall Submit its equal employment opportunity plan, and/or the most recent updau, with its application, for submittal u the U.S. Department of Justice, Bureau of Justice Assistance for approval. 25. Americans with Disabilities Act 1990 Subgranues must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 10i-336, which prohibits Qiscrimiracia~ by public and privau entices on the basis of disabifityand requires certain accommodations be made with regard Lo ernploymert (Tr4e Il, stau and local govemmerrt services and transportation (Title II), public accommodations (Title III), and ulecommunicatians (Title 117. SFl' Iooo c~w9ryynt Application PaCkagc App ivticm Drug Control and System Improvement Formula Grant Program (Edward 6yme Memorial State and Local Assistance Program) e. The rccipient shall ensure that audit working papcro are made available to the department, or its designee. upon request for s period of five (5) years from the dau the audit report is issued, unless extended in writing by the department. f. If this agreement is closed out without an audit, the department reserves the naht La recover any disallowed cosu ident~ed in an audit completed afar such closeout. g. The completed audit reports should be sent to the following address: Office of Audit Services 2555 5humard Oak boulevard Sadowski Bui4ling Tallahassee, Florida 32399-2100 17. Procedures for Claim Reimbursement All claims for reimbursement of rccipient costs shall be submitted on the DCA-CJ Form b(A-G), Revised 09/96, prescribed and provided by the bureau. A recipient shall submit either monthly or quarterly claims in order Lo report current project casts. All claims for reimbursement shall be submitted in sufficient detail for proper pre-nud'2 and post-audit. 18. Retention of Records The recipient shall maintain all records and doeumenta for a minimum of Lhree (3) years from the dau of the final financial staumcnt and be available for audit and public disclosure upon request of d u1y allthorZed pe.'50n5. 19. Ownership of Data and Creative Maurial Ownership of maurial, discoveries, inventions, and results Aaeloped, produced, ar discovered subordinate to this agreement is governed by the urms of the Office of Justice Proarams Financial C-uide, U.S. Department of Justice Cammor, Rule for SLau and Local Government)or the federal OMB Circular A-110, ,1t'achmerrG N, Paragraph 6. 20. Property Accountability The recipient agrees to use all ncn-expendable property foreriminal iusiice purroses durng its use:ul life ar request department disposition. Thc rccipient shall establish and administer a system to protect, preserve, use, maintain and dispose of arty property furnished to it by the department or purchased pursuant to this agreement according Lo federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and LacalC-overnment) or the fcderalOMBCirwlar A-110, Attachment N. This ocliaatian continues as long as the recipient retains the prperty, notwithstanding expiration of this agrecmcrrt. 21. Disputes and Appeals Thc department shall make ifh decision in writing when responding to any disputes, disagreemerttis or questions of fact arising under this agreement and shall distribute its response La all eoncemed parties. The rccipient shall proceed diligently with the performance of this agreement according to the depar,.ment's dcG1510O. ff the recipient appeals the dcparment's decision, it also shall be made in writing within twenty-one (21) calendar days to the department s clerk (agency clerk). Thc recieient's right to appeal the depar:.ment's decision is containccl in Chaprir 120, Florida Statutes, and in procedures set forth in Rule ZB-106.104, Fonda Administrative CoAe. Failure to appeal within Lhis time frame constituus a wa'wer of proceedings under Chapter 120, Florida Statutes. SFY loon cubgrant ApPlieatien P~ciage Ap; rvtion Drug Car,trol and System Improvement For..-:ula Grart Program (Forward Gyrne Memorial 5rau and Local Assistance Program) 12. Obligation of Recipient Funds Rccipientfunds shall not urderanycircumstances be obligaud prcrto the cfective date or subsequentta theurminationdaeofthegrantperiod. Drily project eostsincurredonorafcertheeffectivedauand on or prior to the urmination date of the recipient's Project are eligible far reimbursement. A cost is incurred when the recipient's employee or consultant perforr..s required services, or when the recipient rccires goods, notwithstanding the date of order. 13. Program Income (also known as Project Generated Income) Program income means the gross income earned by the recipie.: during the subgrant period, as a direct result of the subgrant award. Program income shall be handle6 according to the Ofnce of Justice Programs FinancialGuide,U.S.DepartmentofJusticeCommonRulefor5auandLocalGovemment. Reference. The Cash Managcmcnt Improvcmcrrt Act of 1990). 14. Performance of Agreement Provisions In the event of default, non-compliance or violation of arty Provision of Lhis agreement by Lhe recipient, the reciPient'a consultants and suppliers, or both, the department s'na!I impose sanctions it deems appropriate including withholding payments and cancellation, urtninatien or suspension of the agreement in whole or in pare. In such event, the deparunerrt Shall notify Lhe recipient of its decision thirty (30) days in advance of the erfective dau of such sanction. The recipient shall be paid only for those services satisfarorily performed prior to the effectwe dau of such sanction. 15. Access To Records The Department of Ccmmunity/fffairs; the U.S. Department ofJusticc, CFficc of Justice Programs, Bureau of Justice Assistance; and, the Audi[ar6eneral of the Store of Florida, the U.S. Comptroller General orany cf their duly authorized represerttatives, shall have access to teccs, dacumerrts, Papers and retards of the recipient, implcmcnting agency and cantraccor5 for the purpose of audit and examination according Lo Lhe Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for Stau and Lool Government. The department rescrvcs the right to unilaurally erminau this agreement if the recipient, implementing agency or contractor re."uses w allow public access u all docur..cnts, papers, Icturs, or other maurials subject LO provisions of Chapter 119, Fbrida Statutes, and r..ade or received by the recipient or its contractor in conjunction with shi5 agreement. 16. .iudit a. Thc recipient shall provide to the department one copy of an a^nual audit conducted in compliance with The Single Audit Act of 1984, P.L. 98-502. Thc audit shall be performed in accordance with the federal OMB CircularA-133and otheraPplicablefederallaw. Thccc ~^aet forthis agreement shall be identified with the subject audit in Thc Schedule Of Federal Financial Assistance. The contract shall be iderttfied as federal funds passed-through the Forida Departmerrcof Community Affairsandiriclude the contract number, CFDh number, award amount, contract period, funds recewed and disbursed. When applicable, the recipient shall submit an annual financial audit which metes the requirements of sections 11.45 and 216.349, Florida Statues; and, Chapters 10550 and 10.EC0, Rules of the Florida Auditor General. b. A complete audit report which covers any portion of the e.-fe wive dazes of this agreement must be submitted within 30 days after its completion, but no Isar than seven (~ months after the audit period. In order to be complete, the submitted report shall include any management "letters issued scpa rawly and management's writen responscto allfindinas,both audit report and management letter findings. incomp:ctc audit reports will not be accepted by the dcpartmcnt and will be returned u the recipient. c. The recipient shall have all audifs~ comPleLeA by an Independent Public Accountant (IPA). The IPA shall be either a Cercificd Public Accountant or a Licensed Public ,accountant. d. Therecipient shall take appropnau corrective action within six(6)months of the issue dau of the audit report in instances of nonwmplianee with federal laws and regulations. SFY 144? 5uba.ant .100LUClOn Packgac Appl:egiion Drug Control and System Improvement Forr.:ula C-rant Program (Edward Byrne Memorial Stau and Local Assistance Program) 7. Reimbursement Subject to Available Funds The obligation ofthe 5tau of Florida to reimburse recipients for irc::rred costs is subject W available federal Anti-Drug Abuse Act funds. B. Advance Funding Advance funding is a uthorized up to twenty-five (25) percent of the fedora I award for each project according to Sectbn 216.161(14)(6), Florida Statutes (1°91}, the Office of Justice Programs Financial Guide, U.S. Department of Justice Gammon Rule for 5tau and Local C-~~ernments. Advance funding shall be provided u a recipient u pon a writun request to the departmentjustifyira the need for such funds. This request, including the justification, shall be enclosed with the 5ubgra nt application. 9. Commencement of Project M a project has not begun within sixty (60) days afuracceptancc of the subgrarr award, the recipient shall send a leturto the bureau indicating sups to initiau the projee., reasons for delay and request a revised project starting dau. If a project has not begun within ninety (90) days after acceprarce of the subgrant award, the recipient shall send another letter to the bureau, again explaining reasons for dewy and request another revised project starting dau. Upon receipt of the ninety (90) day letter, the department shall d_.ermine if the reason for delay isjustified or shall, at its discretion, unilaurally tereninau this agreement and reobliaau subgrant funds to other departmert approved projects. The department, where wamanud by extenuating circumstances, may extend the starting dau of the project past the ninety (°O) Gay period, but only by forme) wriC•en amendment to this agreement. 10. Ex'..cnsion of a Contract for Contractual 5crvices Extension of a contract for contractual services between the rec:cient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed sbr (6) months and is subject to the same tears and conditions set forth in the initial contract. Only one ar_ension of the contract Shall be accertable, unless failure to complete the car2raet is due to eie-.s btyond the control of the eoT-aC.ar. 11. Excusable Delays Except with respect u defaults of consultants, the recipient shall net be ir. default by reason of any failure in performance of this agreement according to its unns (incfudina any failure by the recipient u make progress in the execution of work hereunder which endangers such cerformance) fi such failure arises out of causes beyond the control and without the faun ar negligence a; the recipient. SUCK causes include but ere not limited to acts of God or of the public enemy, acts of eke acvemment in either its aoverran or contractual capacity, fires, floods, epidemics, quarantine rest::~.icns, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform snail be beyond the control and withcllL the fault or negligence of the recipient. H failure to perform is caused by failure of a eonsukarit to per,-cr:n or make progress, and if such failure arises out of causes beyond the control of reeipierrt and consultarr., and without fauk or negligence of either of them, Lhc recipient shall not be deemed in default, unless: a. 5upplics or services to be fumishcd by the consultant were c; ainable from other sources, b. The department ordered the recipient in writing to procure sue= supplies or services from other stances, and c. The recipient failed to reasonably comply with such order. Upon request of the recipient, the department shall ascertain ~ c facts and the exunt of such failure, anQ fi the department deurmines that any falure to pcrfc.- was occasioned by one or more said causes, the delivery schedule shall be revisal accordingly. SFY 1°O9 °ubarant ~'.ocfivtion Packaoc ApPiiv:ion Drug Control and System Improvement Formula C-rant Program (Faward 6yme Memorial 5uu and Local Assistance Program) 2. Fiscal Control and Fund Accounting Procedures The recipient shall establish fiscal control and fund accounting procedures that assure properdisbursement and accounting of subarant funds oral required non-federal expenditures. All funds sperrc on this project shall be disbursed according to provisions.of the project budget as approved by Lhe bureau. All expenditures and cast accounting of funds shall conform to Office of Justice Programs Financial Guide. U.5. Department of Justice Common Rule for Stan and Local Governments, and in federal Office of istanagement and budget's (OM6) Circularo A-21, A-B7, and A-110, in their entirety). All funds not spent according to [his agreement shall be subject to repayment by the recipient. 3. Approval of Consultant Contracts The department shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's complian~:~ with requirements found in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for Stau and Loral Governments,andinapplicabkstaustatutcs. Thedepartment'sapprwalofthereeipientagreementdoes not constitute approval of wnsultant contracts. 4. Allowable Cosh Allowance far costs incurred under the subgrant shall be deurminecl according to "General Principles of Allowability ana Standards for 5elccud Cost Item3 set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for Srau And Local C-overnments and federal OMB Circular No. A-B7, "Cost Principles for Stau and Local Governments", or OM6 Circular No. A-21, "Cost Principles for Ed ucatio na I InsL(LULIOnS". Ail procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice Common Ruk for 5tau and Local Governments, or Attachment "0" of OM6 Circular No. A-110 and Florida law to be eligible for reimbursement. 5. Travel All travel reimbursement for out-cf-state or out-of-arant-specified werk area shall be based upcn wrficn approval of the department prior to commencement of actual travel. The cost of all Grave! shall be reimbursed according to local regulaticns, but not in excesz of previsions in Section 112.061, Florida Statutes. All bills for any travel expenses shall be submitud according to provisions in Section 112.061, Florida 5tatuus. 6. Writun Approval of Changes in this Approved Agreement Recipients shall obtain approval from the department for major chooses. These include, but are not limited to: a. Changes in project activities, designs or research plans set forth in the approved agretmertt; b. budget deviations that do not meet the fallowing criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer (increase or decrease) does not exceed un (10) percent of the total approved budget caugoryand the transfer is made Lt an approved budget lint item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is aPPrO'r~ by the department. d. Under no circumstances can transfers of funds increase the total buelgeted award. Transfers do nos allow for increasing the quantitative number of items documented in arty approved budget lint item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and ficnefn5 eateaory.j cFy loon cubg.ant Application Package Drug Control and System Improvement Formula Grant Program H. (Edward 6yrne Memorial 5tau and Lopl Assistance Program) ~cceocance aria nareemerrc All pcroons imoHed in or having administrative responsibility for the subgrant must read these "Acccptaue and Agreement" conditions. This'Accevtance and Agreement" f5ection Hl must be returned as sort of the completed avolication. Nou Condition No. 12 Only project costs incurred an or afar the effective date of this agreement and on or prior to the urmination dau of a recipient's project are eligible for reimbursement. Conditions of Agreement. Upon approval of this subgrant, the approved application and the following urtns of conditions will become binding. Non-compliance will result in project costa being disallowed. The arm "department', unless otherwise stated. refers u the Dcpartmertt of CommunityAffairs. Thc arm 'Bureau ;unless otherwise statul, refers to the bureau of Community Assistance. The arm 'subgrant recipient° refers Lo the governing body of a city or a county or an Indian Tribe which performs criminal justice functions as Aturmined by the U.S. Secretary of the Inurior, and includes an "implementing agency' which is a subordinau agency of a city, county or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). 1. Reports a. ProjeC Performance Reports: The recipient shall submit department Quaruriy Project Performance Reports to the Bureau by February 1, May 1, August 1, and within forty-five (~) days otter the subgrant urtnination dau. The recipient shall submit an Annua! Prajeet Performance Report, for the "original"projcct period. This report shall be subm2„ed to the bureau within forty-five (4b) days after the end r the original project period. The "oriainaP' proje~ period i5 generally for twelve (12)~ months. In addition, if the subgrant award period is extended beyond the "originaP project period, additional Quarterly ProjeC Performance Reports shall be submitted as well as a Final Project Performance Report. The later report shall ewer the entire time frame of project activities and is due within forty- frve (45) days after the end of the extended period. b. Financial Reports: The recipient shall have a choice of submitting either Mortihly or Quarterly Financial L7aim Rezrts [DCA-CJ Form-~(A-G)] to the bureau. Monthly Reimbursement Claims(!-11) arc due thirty-one (31) days afar the end of the reporting period. Quarterly Reimbursement Claims (1-3) are due thirty-one (31) days after the end of the reporting period. A final Financial L7aim Report and a Criminal Justice Contract (Financial) Cbseaui, Package shall be submitted u the bureau within forty-five (45) days of the subgrant urmination period. Such claim shall be distinctly identfied as "final". Before the °finaP claim will be processed, the recipient must submit u the department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions Shall result in forfeiture of reimbursement. The recipient shall submit department Quarterly Project Generates! Income Reports u the bureau by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (see Paragraph 14. Program Income.) , c. Other Reports: The recipient shall submit strict reports as may be reasonably resulted by the bureau. Atl required reports, instructions, and forms shall be distnbutu! with the subgrant award. r~Fy loon cuboran[ /~P?livtion Pacl;eae Acplicaibn B. Knowl p,~, Abilities and Skills - Thorough knowledge of a variety of recreational activities and equipment - Knowledge of the rules and regulations governing the play of a variety of recreational games - Knowledge of basic first aid and CPR - Knowledge of conflict and alternatives to violence - Knowledge of illegal drugs consequences - Ability to responsibly oversee the use of a recreational facility - Ability to establish and maintain friendly relationships with youths - Ability to administer discipline in a tactful, impartial manner - Ability to maintain simple records - Ability to help children or find help for children with homework or academic needs -- Ability to understand and carry out oral and written instructions - Ability to work flexible hours, which includes weekends and nights -- Skill in being creative and maintaining interest in a variety of recreational activities CITY OF ATLANTIC BEACH CLASS SPECIFICATION Job Code: Date: 8/4/98 lob Title: Recreation Leader Reports To: Parks & Recreation Director Department: IOB SUMMARY Parks & Recreation : Plans and performs varied duties in assisting with the development of education and recreation activities on a playground or community facility. Assists in planning and implementing educational and recreational activities, enforcing ruses, scheduling activities as approved by the Department Head. Maintains and provides drug information of programs to support a healthy drugfree lifestyle. Opens and secures facilities for events. Maintains the cleanliness of facility both inside buildirg and outside ground areas. Issues equipment and ensures that all equipment is in safe and working order. Maintains attendance records if required. Acts as scorekeeper, umpire or coach at various athletic events. Provides instructions to games and various sport activities for teenagers and children. Enforces rules and regulations of proper facility use; maintains orderliness of recreation areas. Administers first aid when necessary. Prepares necessary reports/paperwork and informs Department Head of activities on a routine basis. Performs other related duties as assigned Ren_uirements A. Ti3im~tg and Experience Must be able to establish and maintain appropriate standards of conduct and discipline for people using the facilities Must be able to supervise young people in various settings including classrooms and outside/playground Materials and Equipment: General Classroom Materials TVNideotape Player Job Description JOB TITLE: Jordan Pazk Recreation Director REPORTS TO: Parks and Recreation Director DEPARTMENT: Parks and Recreation Department JOB SUMMARY: This position will be responsible for planning, coordinating, and implementing progams at the Jordan Park Community Center. MAJOR RESPONSIBILITIES: Initial programs will focus on: A) Academic enhancement for children through the use of volunteers, tutors, and rewards; B) Anti-drug messages from various community goups and individuals; and C) Positive recreational opportunities emphasizing good health, fitness, and sportsmanship. As specific needs are identified in the community, additional progams will be implemented based on those needs. The hours for position will initially be set up as an afternoon, after school schedule from 2:00 pm to 6:00 pm. For the Summer months, the hours will be expanded to 40 hours per week for Summer camp activities. Minimum Qualifications: Must past extensive backgound investigation including criminal history and fingerprint checks High School Diploma or GED Valid Florida Drivers License with acceptable driver history Knowledge, Skills, and Abilities: Must be able to serve as a role model for young people Must be able to plan effectively for progams that will benefit high risk young people in a low income community Must be able to interact and coordinate with children, parents, volunteers, and neighborhood groups Control and System Improvement Formula Grant State and Loca/Assistance G. Project Budget Schedule The Project Budget Schedule includes six Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Data Processing Services, and Ind'uect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. T}ne or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank Budget Category Federal Match Total 7,297 2,433 9,730 Salaries And Benefrts Contractual Services 6,383 ,I17 8,310 Expenses Operating Capital Outlay , Data Processing Indirect Costs 13,680 4,360 8,240 Totals Su6gant AppGcalion Package Sraion 71- 9 7997Application Control and System Improvement Formula Grant and F. Project Budget Narrative must describe line items for each apr!:~able Budget Category for which you are sting subgrant funding. Provide sufficient detail to show cost relationships to project hies. In addition, describe specific sources of matching funds. Start below and use continuation pages as necessary. To initiate this project, the following budgetary needs have been identified by staff: Salaries and Benefits: $9,730: RECREATION DIRE_ CTOR & RECREATION LEADER Sa~pries„k, BeneFit;_ ,____ the School eaz >S program wl S _ _ a _ - Lv rrourYwcGR uwu g y by an additional person hired for this purpose. During the summer months, the staffing will be increased to 8 hours/day or 40 hours/week. Additional funding is anticipated for Christmas holidays, Spring Break, and other times. At the expected hourly rate of $7.00/hour, the total cost of the personnel from October 1998 through September 1999 is $9,730. The person will be paid hourly with no benefits. The added position(s) will result in a net personnel increase to the implemeinting agency. Expenses: $8,510 The type of equipment that will be needed initially will include educational supplies for homework and tutoring, VCR/fV for videotaped presentations, tables, chairs, and computer furniture (support furniture for donated computers). Recreational equipment v•~Il be needed as well as general maintenance supplies and fast aid kits. For program expense, the cost will be $8,010. Training may be necessary for staffmembers, and it is anticipated that educational opportunities at local colleges and museums may require some funding. For the first yeaz of operation, the total for travel and training is estimated at $500. The City of Atlantic Beach matching funds will be taken from contraband forfeiture funds. All goods and services will be purchased in accordance with applicable federal, state, and local purchasing laws, regulations, and guidelines. Salaries and Benefits 9,730 Expenses 8,510 Total 18,240 Subgrant Application Package Sretion !/ - d /997 AppacaNon Control and System Improvement Formula Grant E. Program Objectives and Performance Measures Complete uniform program objectives and performance measures (found in Appendix VIIiI for the federally authorized program azea you want to implement. Your application is not complete without them and an incomplete application will not be considered for subgrant funding. If a program area selected does not have uniform program objectives published in this document or if you cannot relate your objectives to those stated, contact Tom Bishop at 904/488-0090 for further instructions. DO NOT mix objectives from different Program Areas. Start below and use continuation pages as necessary. Community or Neighborhood Recreation Center Programs Program Objective 4.A.25 : To create, enhance or expand the operation of t community or neighborhood recreation center programs serving families in high risk neighborhoods during the grant period. Self Generated Objectives: To provide 20 hours/week of supervision for high risk youth in an after school program. To provide academic/homework assistance for an average of twenty (20) children per school day. To integrate and utilize pazents and older siblings of children as volunteers to teach various life skills to children dttring the program. To initiate and provide twenty lunches per day in the sttrnmer months for low income, high risk young people. To provide an ongoing theme of drug awareness and resistan..e materials to discourage drug abuse. To encourage high risk young people and act as a referral system to promote their participation in productive activities including team sports, creative arts, as well as positive hobbies and skills. Subgrant Application Packagr Srtlion // - 7 w e i 3 V r CS i Z V 4 0 N is a C v e e U v R m A E ea V 00 O L 4 Q o {.~ H a •~ E C R •~ s ~~ :_ .n 7 V1 V d A '.. ~.~ 3 ~ onv 5 ~- H °. x v'~ v E ~s N e C ~ 0 ~~ ~ U _" ~~ cF ., y •.-.' ~D '> o U Q. ~ •3 :: •O E a. '~ U~ 3 7 ~ 'fl L ~ u h ~ o aE o U ~~ a'3 E ~ •~ ~_ •°- E y ~ U ~ oq V ~ ~ QA c ~ma Q :. U Boa k~ k'~ ~~2 i «a k'~ ~ k ;y ~a~ ~~ y ~ e ~c W b ~ 'e W o v~ Fez k'~ ~k v r F i y h E S p w U k~ .1 a ~"' ~ v ~ " z0> ~~C k>e X v i m o U ' < 0 ~ ~ Q A _ ~ ~ x u 9 , up ~ a u ° ~ ° ~ U ` o _ ~ o ft, m °a o~ " s c Q ~' V E c u m ~ O v e y E y a u ° U v a z o O ~ ~ a Y ~ Y w G h ~ ~ ~ . a" ~ ~ ~ ~ ~ ~ h z O s ~n a ~n ~i Formula Grant (E'dward Byrne The neighborhood is lazgely comprised of low income citizens, many of which aze fearful of criminal activity but unwilling to take action against it. There are senior citizens as well as young families with children living in the azea. Over the years, drug activity and drug- relatedcrime have been common occurrences in the area. The citizens in this area typically feel alienated, and attempts to organize Neighborhood Watch and similaz programs have been unsuccessful. Drug sales and drug-related crime have fluctuated according to crackdown operations by local police officers. There have been traditional and non-traditional operations that have had temporary successes, but the criminality returns once the police presence has been removed. The cuaent intelligence from Nazcotics Detectives indicates that this neighborhood has once again emerged as a drug distribution center for the city. The impact on the neighborhood includes high crime rates, safety problems for residents, and a reduced quality of life for everyone. Program Description: The City of Atlantic Beach is planning to use Byme Grant funding to initiate acommunity/recreation program in Jordan Pazk. The Ciry already owns a building at that location that has been dedicated to the Community Development Corporation (CDC), and the CDC is supportive of the idea and is happy to commit the use of the facility to this new project. The City of Atlantic Beach Pazks and Recreation Department will organize and staff the program, and the Atlantic Beach Police Department will participate by providing matching fimds for the grant through contraband/forfeiture funds. The program will include on-site supervision for anafter-school program. The immediate focus will be on homework and tutorial assistance each afternoon, complimented by recreational activities for school aged children. Fun/learning activities will be planned including life/safety skills (Fire Safety, Bicycle Safety, Drug Resistance, Crime Prevention, etc.), athletic teams, occasional field trips, and similar activities. As it develops, the Center will add incentives to promote academy: achievement for the children, and it wrll utilize community resources including tees and senior volunteers to work with the kids. By the Summer of 1999, the Center will open about Monday through Friday all day. Over time, it is expected that the Center will encourage members of the commxnity to come together for a variety of functions. The Center will provide a central meeting place for any number of neighborhood groups who need the space for their activities. This improved communication and cohesion should have a positive effect on the quality of life and the commitment of citizens to their community, while continuing to focus young people on an anti-drug lifestyle. Subg~ant Application Package Section JJ - I App/katlon and Svstem Improvement Formula Grant (Edward Byrne Memorial State D. Program Data Problem Identification. Briefly describe a specific problem to be addressed with subgrant funds. If you aze seeking funds to continue existing project activities, your problem statement must also provide a short summary of your current program and describe any gaps between current and desired project results. Program Description. Briefly describe how project activities will address the targeted problem. Describe who will do what, when, where and how. SEE PAGE 2 OF INSTRUCTIONS ON ITEbIS TO INCLUDE. Stan below and use eontinuadon pages as Background: Ten (10) years ago, the Atlantic Beach Police Department identified the azeas of the city with the highest level of drug activity, including illegal narcotics sales and drug related violent crime. These areas were primarily low income neighborhoods including the azea around Donner Pazk, and the neighborhood aoound Jordan Park. Attempts to organize Neighborhood Watch Programs were unsuccessful, largely because of the alienation that the citizens felt from their neighbors and everyone else. Over the next ten (10) years, Habitat homes were constructed, a Community Development Corporation was formed, Community Development Block Grant funds were dedicated, code enforcement became very active, and the Police Departrent focused resources on these neighborhoods. There were considerable improvements made in the quality of life for everyone in these affected areas. However, in the Donner Pazk azea, changes were the rnost dramatic. In 1992, a Community Center was initiated in Donner Pazk with the use of Byme Grant funding. The center started out very modest with a rented building and part-time staff. However, the program brought the children in the neighborhood together. Soon, the teenagers were helping with the program, and the pazents started participating and contributing. Homework assistance and tutoring became available with incentives for increased school performance. Championship sports teams emerged. Summer camp was initiated with state funded meals, and senior citizens volunteered their time with kids. The Donner Center has recently had computers donated to it for Internet access and research. The City built a new facility in Donner Park that serves hundreds of children every week. This program has served iu community well, but there are others in the City that have not been able to benefit from it. Across Mayport Road in the Jordan Pazk azea, children and adults have remained detached from the Donner Center, largely due to the physical separation created by Mayport Road. The Jordan Pazk area has had the other initiatives noted above with the exception of a community center. Although the housing has improved and the neighborhood has benefited from park development, there is no supervised or organized community center. As a result, the City has not seen the kind of improvement that has been experienced in the Donner Park azea. Program Data: The area around Jordan Park has been a high drug distribution point for many years. Although police operations and other efforts have had a positive effect on the neighborhood, the area remains problematic in several respects. Subgrant .1 pplicatian Package Section /! - 3 Application Control and Svstem Improvement Formula Crant Area Code and Faz Phone Number: (904) 247-5867 B. Administrative Data 7. Project Title (Not to ezceed 84 characters, including spaces). Jordan Park Community Center 1 8. For Period. Period Month Day Year Begiaining ctober 1 998 Ending eptember 0 999 9. Is the Subgrantee or the Implementing Agency a Member of a Local Criminal Justice Advisory Council or Substance Abuse Policy Advisory Board, Coalition, or Council? (See the Program Announcement jor a description ojboard responsibilities) (Check One.) Yes~(_ No~ C. Fiscal Data 10. (If other than the Chief Financial OfTicer) Remit Warrant to:N/A 11. Vendor # (Enter Federal Employer Identification Number of Subgrantee): 59-6000267 12. SAMAS # (Enter ifyou are a state agency):N/A 13. Will the Project earn Project Generated Income (PGI)? (Check one.) Yes_ NoXX_ (See Section II., Paragraph 14 for a definition of PGI.) 14. Will the applicant be requesting an advance of federal funds? (Check one.) Yes_ Nom I[Yes, a letter of request must be attached. ~rant~pplication Package Stdion //- 2 Appacation Control and Formula Grant I DCA Contract Number: 99-CJ-9M-04-26-02-180 I I A. Names & Addresses 1. Continuation of Previous Subgrant? (Check One) 2. Previous Subgrant, State Project ID Number (If Yes in 1. above). 3. Subgrant Recipient. Name of Chief Elected Official: Suzanne Shaughnessy Title: Mayor Address: 800 Seminole Road, Atlantic Beach, Fl Zip Code: 32233 Area Code and Telephone Number: (904)_ 247-5800 SUNCOM Number: 852-5800 Area Code and Faz Phone Number: (904) 247-5805 4. Chief Financial Officer. Name of Chief Financial Officer: Nelson Van Liere Title: Finesse Director Address: 800 Seminole Road, Atlantic Beacb, FI Zip Code: 32233 Area Code and Telephone Number. (904) 247-5800 SUNCOM Number. 852-5800 Area Code and Faz Phone Number: (904) 247-5805 •' mar~y:~ 5. Implementing Agency. (Government Agency Responsible for Project) Name of Chief Ezecutive Official: Jim Jarboe Title: City Manager Address: 800 Seminole Road, Atlantic Beach, FI Zip Code:32233 Area Code and Telephone Number: (904) 247-5800 SUNCOM Number:852-5800 Area Code and Faz Phone Number: (904) 247-5805 6. Project Director. (Employee of Governmental Implementing Agency) Name of Project Director: David E. Thompson Title: Director of Public Safety Address:850 Seminole Road, Atlantic Beach, FI Zip Code:32233 Area Code and Telephone Number: (904) 247-5859 SUNCOM Number:852-5850 JUN 151996 SubgranUppticatlon Package Srdion!/-! AppUrnaoe SUBGRANT AWARD CERTIFICATE (CONTINUED): This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, properly executed Certificate of Acceptance of Subgrant Award is returned to the department. Author zed Official Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Date [X)This award is subject to special and/or standard conditions (attached). BCA Revised 7-1-79 State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance The Sadowski Building 2555 Shumard Oak Boulevar3 Tallahassee, Florida 32399 SUBGRANT AWARD CERTIFICATE Subgrantee: Ci Date of Award: Grant Period: Project Title: Grant Number: Federal Funds: BGMTF Funds: ty of Atlantic Beach From: 10/01/98 To;09/30/99 Jordan Park Community Center I 99-CJ-9M-04-26-02-180 $13,680.00 State Agency Match: Local Agency Match: $4,560.00 Total Project Cost: $18,240.00 Program Area: 04A Award is hereby made in the amount and for the period shown above of a grant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached standard or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 710C.1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 99-CJ-9~-04-26-02-180 in the amount of $13,680, for a project entitled: Jordan Park Community Center i for the period of 10/01/98 through 09/30/99, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. (Signature of Authorized Official) (Date of Acceptance) (Typed Name and Title of Official) DCA-CJ Form 1 (June, 1985) The Honorable Suzanne Shaughnessy Page Two ire look forward to working with you on this project. If we can be of further assistance, please contact Colleen Matthews at 350/488-8016. Sincerely, ~Qc~~ ~k1.1~1ld2w Clayton H. Wilder Community Program Administrator Bureau of Community Assistance CHW/CM/am Enclosures DEPARTMENT 4 ~OwA`• STATE OF FLORIDA OF COMMUNITY ~i - 998 AFFAIRS 'Helping Floridians create safe, vibrant, sustainable communities' IAWEON CHILFs Governor October 26, 1998 The Honorable Suzanne Shaughnessy Mayor of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 JAMES F. MURIEY Secrebry Re: 99-CJ-9M-04-26-02-180/Jordan Park Community Center I Dear Mayor Shaughnessy: The Department of Community Affairs is pleased to avrard an Anti-Drug Abuse grant in the amount of $13,680 to your unit of government. These funds shall be utilized to implement a Drug Control and System Improvement Formula Grant Program under Purpose Area 04A, Community Crime Prevention. A copy of the approved subgrant application with the above referenced project number and title is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to Section H of the subgrant which is the "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. The enclosed Certificate of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. ~e ~-e^?~.Gr ~' ~~/U ~~ 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Pho ne: 850.488.8466/Suncom 278.8466 FA X: 850.921.0781/Suncom 291.0781 Intern el address: htl p://www.sl ale.ll.u s/coma((/dca.hlml fIOCiDA CET( Na d (wid La! Corem FeN04[ 77%O+mri IL~.y, SWt 717 GIEf710YAMr Am d (esrJ 9n Corm f idd OFa iSf fa0l~mmt~ KXi7M HOIIOA CECOYFCT Of11R rA. b 101E 16WKW.IfO~SYee1 7998 ~~ ~~ ~'~~ C~~a~~~ ~xee ~~ ~,~~i~in~ `~ ~,~. ~pe~~~r~~ ~~ 5-ooJ'.~ - 7~00~ Mistress of Ceremony Mayor Suzanne Shughnessy Welcome Atlantic Beach Mayor Suzanne Shaughnessy `?Santsa'c Arrival Here comes Santa Claus Gene Nordan & Mayport Middle Band ~ Songs Roberts Mt Piseah A M.E. Church Choir Theatrical Performance .................Actine L'o ?especial Performance ....................Gene Nordan ~ Songs Atlantic Beach Elementary Schoo] Chorus Lighting of tl~e Tree. Atlantic Beach & Neptune Beach Mayor ~ Musical Selections Mayport Middle School Band ~ Songs M~yport Middle School Mariners Santa's Departure ............Approximately 8:30P.M. Closine *Sponsored byPublix, City of Atlantic Beach, Neptune Beach, Town Center Merchants and the Sea Turtle Inn **The Beautification Committee is selling luminaries for $2 (A kit of six) *** ? Groups that have not responded to participating 1998 TOWN CENTER HOLIDAY TREE LIGHTING CELEBRATION SATURDAY, DECEMBER 5 5:00 P. M. ATLANTIC BOULEVARD AT THE OCEAN FREE & OPEN TO THE PUBLIC RAIN DATE; SUNDAY, DECEMBER b AT S:OOPM RECOMMENDATION: Staff recommends authorizing the City Manager to expend an amount not to exceed S351)0 for the 1998 Town Center Holiday Trce Lighting Celebration. ATTACHMENTS: 1. Sample flier 2. Sample program REVIEWED BY Cl'J'Y MANAGER: ATTACFQ4ENT G OCTOBER 26, 1998 COMMISSION MEETING AGENDA ITEM DATE /y- zb- 9R CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Discussion and action on the Tree Lighting in Town Center SUBMIT'T'ED BY: Timmy Johnson, Recreation Director DATE: October 21, 1998 BACKGROUND: The City Commission decided to hold the 1998 Holiday Tree Lighting Celebration at Town Center. There has been a coordinated effort between the City of Atlantic Beach, Neptune Beach, Town Center Merchants and the Sea Turtle Inn. The event will be held Saturday, December 5 at S:OOPM and will follow the same format as last year, songs by schools and church groups, a performance by Gene Nordan and an apperance from Santa. The cost of this event is estimated to be $3500 which will include decorations, maintenance workers for set-up and break-down, officers to block streets (Ocean Blvd., 1st Street and Atlantic Blvd.), performers, bus and candy canes. • Decorations (lights, bows, extention cords, candy canes, etc.) $1200 * Maintenance Workers & Officers Set-up for event {2 workers ($14hr x 4hrs., ot}=$56 totaling $1 i2 Put up decorations {3 workers ($9hr x 24hrs~$216 totaling $648 Officers {2 officers ($20hr x 4hrs)= $80 totaling $160 (Set-up, breakdown and block streets) Total for Workers & Officers $ 920 ' Performers (Gene Nordan, Mariners & Santa) $ 800 ' Bus $ 85 'Candy Canes (For Santa to pass out) $ 200 ' Miscellaneous (Tree trimming, electrical repairs, etc.) $ 295 Grand Total: $3500 _ ATTACFR~tENT F _ OCTOBER 26, 1998 COMMISSION MEETING DATE: October 22, 1998 FROM: Billy M. Arzie TO: David Thompson, Director of Public Safety SUBJECT: Ordinance No. 95-899 VIA HAND DELIVERY Reference Sec. 4-30(b) subparagraphs First, Second and Third Offense. 2. Neither the existing ordinance nor the proposed changes to this ordinance have any time limtts between the First, Second and Third Offense. This will create a rather severe hardship for residents that have lived in this city for 30 years or more. In the absence of any reasonable time limits a long time resident could be faced with a Third Offense even ff the Second Offense was 10 or more years ago. Many people come to the city for a short period of time. They can run up three or more tickets during their summer vacation and then move elsewhere. 3. As an example: Personally, I feel that there is a great deal of difference in someone that gets three Vaffic tickets within a year and one that gets three Vaffic tickets during a 30 year period of time. Doesn't the state have a numbers system where a driver has their license suspended 'rf they get to many tickets during a specified period of time? And, after a sperafed period of time the older tickets no longer apply? 4. Just about everything in law has time limits. A credit reporting company can only post poor credit for over a certain period of time. A construction worker that does work on someone's home and doesn't get paid can file a mechanic's lien. But, 'd nothing is done about the lien within a year the lien is null and void. Time limits also apply to bankruptcy and even to civil suits in the forth of the statute of limitations. 5. Years ago B. J. Lester prepared a ticket for one of my dogs and inGuded in the documentation that there were five other tickets. During the first hearing in the county court the judge waived copies of all the tickets in my face. During the secontl hearing he waived copies of the same tickets in the face of the state attorney. The state ariomey dismissed the ticket in question after discovering that the tickets covered a period of time of seven years and the time between tickets averaged 1.5 years. 6. And, last but not least, I would to share with you what I did to help contain my dog. First, I installed a six foot high chain link fence. Second, I installed a two foot wide roll of chicken wire on the ground and tied it to the fence. The grass grew through the chicken wire and could not be seen within a few weeks. This prevented the dog from digging under the fence. Third, I installed spring type hinges (butts) in all exterior swing doors. With the spring hinges the door would automatically shut even after a grand child left the door open. This last item was most successful. The hinges cost about 515 each and can be purchased from Scottys. They fit most exterior doors without extra cutting and have the same screw holy pariem. ~A'~"~ tr ~e~ ~ Ch. 828 ANIMALS: CRUELTY; SALES: ANIMAL ENTERPRISE PROTECTION (16) A pet dealer may not knowingly misrepresent 828.41 Definitions.-As used in u.l2t the breed, sex, or health of any dog or rat oflered for the term: x sale within the state. (t) 'Animal enterprise' means: (17) Except as otherwise provided in this chapter, a (a) A commercial or academic eMerxY person who violates any provision of this section tom- animals for food or liber production ,;• Fog°~'• mils a misdemeanor of the lirst degree, punishable as research, or testing; ~ uttering lorged insli provided in s. 775.082 or s. 775.083. (b) A zoo, aquadum, circus, rodeo. o[ . Evldonce in prosecr w"o.r.-._'•me''zac'.'•m.eusc.~n,m.vaaz':..e•a,.9'~zw, petitiveanimalevent;or ~ tedeiGng. s. e. a. vsu:. ,zao. m. Yzao2. nw.--FO~e,.. ses.,n:.. sze.a,:.. ses.ss. (c) Any lair or similar event inten0.tl F or counteAr ~ °~'ng sossion of reprod 828.30 Rabies vaccination of dogs and cats.- agricultural arts and sciences. (2) 'Physical disruption' does rat' ~ -Penalty for thane (1) All dogs and cats 4 months of age or older must tut disruption that results from lawlul Instruments of wr ~, Yer,dirg goods or be vaccinated by a licensed veterinarian against rabies mental, or animal enterprise employee with a United Slates Government-approved vaaine. ' disclosure of information about an a„irr.Y ' ,: trademarks or se ~~ signature The cost of vaccination must be borne by the animal s owner (3) Serious bodily injury means lxdy f death or ~ b t ti l A k t e~.F~rg bank lNlls c , crea an a s o es a su s :Possessing certain (2) A dog or cat is exempt from vaccination against permanent disfigurement, or protracted tlReAn9 forged bills ; rabies if a licensed veterinarian has examined the ant- moot of the function of any bodily merri>tr „ ~~ conv,cbon , mat antl has certified In writing that at the time unction- ' (4) 'Economic damage' means Vt ; 13Arging into the stc = lion would endanger the animal s health because of its costs of lost or damaged property or r ~ i 'Fraudulently connr age, infirmity, disability, illness, or other medical con• of repeating an interrupted or invallda:e6 Nstrument siderations. An exempt animal must be vaccinated and the bss of profits. . Having in possessi, .. against rabies as soon as its health permits. w.,on•.-.. ,o. m. ea,o , . Haring uncunenl t (3) Upon vaccination against rabies, the licensed veterinarian shall provide the animal's owner and the 828.42 Animal enterprise disruptiarc ~ ~: t.eunteAeiting coin: animal control authority with a rabies vaccination certifi- allies.- (t) A Person who intentionally rouses cdrs in possess ~: Having less than 1 C tale which must contain at least the following inlorma- lion: ruption to the property, personnel, or c session, with into (a) The license number of the administerng veteri- animal enterprise by intentonaly stea5rr, ' h Vidation of s. 831. narian. r or causing the loss of, any propeAy. ,Making or possess (b) The name, address, and phone number of the or records, used by the animal enlerprse, mits a i d ~;, In9 bias. Making or having ~ veterinarian and owner. amage, com causes econom c d' id .. letting coin (c) The dale of vaccination. n t third degree, punishable as prov e . CaurtteAeit bills an ~ (d) The expiration date of the vaccination. i Th l 775.083, ors. 775.084. (2) A person who in the course of a ;: .: be seized. (e) e spec es, age, sex, co or, breed, weight, and name of the animal vaccinated section (1) causes serious bodiy injuryb ~ E°rging or counter! . (() The rabies vaccine manufacturer. mils a felony of the second degree, 083 d examination. `Damaging bank bit (g) The vaccine lot number and expiration date. h Th b f , ors. vided in s. 775.082, s. 775. (3) A person who violates subsectas g heading circulatio ( ) e type and rand o vaccine used (i) The route of administration of the vaccine violation results in economic damage -;.Wring shop bills s . (j) The signature or signature stamp of the 510,000, commits a lelony of the seccra `_ j3Mging private bill - the state licensed veterinarian. fishable as provided in s. 775.082, i . . ~ Grcufating any sr .(4) Violation of this section is a civil infraction, pun- 775.084. ishable as provided in s. 828.27(2). (4) The offender must pay restitulme t i ~ r.r,cy. Wufrg notes. (5) This section does not prohibit or limit municipali- s r,o 775.089. Restitution includes, but r "Mokk,9 or having tiesorcountiesfromenactingrequirementssimilartoor sy (a) The reasonable cost of repeat for counter(eitinc more stringent than the provisions of this section for the mentalion that was interrupted orin .. '. Wkanon cards. implementation and enforcement of rabies-control ordi- nances of the offense. ~ (b) The loss of lood production or I ..'Medtinal dugs: tr . w„«y.-.. z. m. a~~u:.. a, rn. sszzo. c na. ., , sess9 sonably attributable to the offense. ~ PountaAeit control delivr - utadure .- w . .. . w.,«yr.-n. a,.ir~u. , . Intont to sell, ma 828.40 Short title.-Sections 828.40-828.43 may 828.43 Injunction.-In a case d be cited as the 'Florida Animal Enterprise Protection enterprise disruption, the aggrieved ~ fayery. Whoe~ AcL' may obtain injunctive relief. sprtteAeits a publ w.,,.y.--.. o. a,. rrau. Minory•.-: ,z. e,. n,a. plrebtan of any c r, notary public . wluoon to a mane ~8ratation may be .need. win. te: Mtfer d auomey, :eC exchange or pre a discharge for 7728 ~. NOTICE OF ILLEGIBILITY ILLEGIBILITY OF SOME OF THESE DOCUMENTS IS DUE TO THE POOR QUALITY OF THE ORIGINAL. THE FAULT DOES NOT LIE WITH THE CAMERA OR ITS OPERATOR. .... it--~- ^i ~ i~ ^i ~~ i^ ~~ii%~ rn~ nlwwN.en py '...p. wrpws ~~~ wT IW (5) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the trine of the attack, the owner is not guilty of any crime specified under this section. li3storyr- s. d, cL. 90-180; s. 4, cL. 93-13; s. 4, cL. 9A-339. 767.14 Additional local restrictions nuthorized.- Nothing inthis aci shall limit any local government from placing further restrictions or additional requirements on owners of dangerous dogs or developing procedures and criteria for the implementation of this act, provided that no such regulation is specific to breed and that the provisions of this act are not lessened by such additional regulations or requirements. This section shall not apply to any local ozdinance adopted prior to October 1, 1990. Hislory. ' ,. S, ch. 90-18D. 7G7.75 Other provisions of chapter 767 not superseded.- Nothing inthis act shall supersede chapter 767, Florida Statutes 1959. History.- .. fi, cL. 90-180. 7G7,76 Bite by a police or sen'ice clog; exemption from quarAntine.- -Any dog that is owned, or the service of which is employed, by a.law enforcement agency, or any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that bites another animal or human is exempt from any quarantine requirement following such bite if the dog has a current rabies vaccination that was administered by a licensed veterinarian. training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrievingtrlals, and herding trials are exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes. (6) This section does not apply to dogs used by lave enforcement officials for lave enforcement work. (7) Any person vv'ho violates an}'provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding X500. Historv.- t. ?. cL. 9U-ISO; s. 3.. ch. 9±-1 ~: s. 3, c~. 9~t•;39: s. 11?7, cL. 97-IQ2. 767.13 Attack or Uite b}• dangerous dog; penalties; confiscation; destnrction.- (1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic '. animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. lr. addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for 10 business days after the owner is given written notification under s. 767. ]2, and thereafter destroyed in an expeditious and humane manner. This 10-day tune period shall allow the owner to request a hearing under s. 767.12. The owner shall be :esponsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (2) If a dog that has not been declared dangerous attacks and causes severe injury to or death of an}' human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ]0 business days after the ovmer is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under s. 76?.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanel}' and safely keep the animal during any appeal procedure. Tn addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.. _ (3) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1n addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for l0 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under s. 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safel}' keep the animal during any appeal procedure. (4) Ifthe owner files a written appeal under s. 767.12 or this section, the dog must beheld and may not be destroyed while the appeal is pending. (d) Once a dog is classified as a dangerous dog, the animal control authority shall provide written notification to the o~mer by registered mail, certified hand delivery or service, and the owner may fde a written request for a healing in the county court to appeal the classification within 10 business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. $ach applicable local governing authority must establish appeal procedures that conform to this paragraph. (2) 1Vithin 14 days after a dog has been classified as dangerous by the animal control authority or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control authorit}• serving the area in which he or she resides, and the certificate shall be renewed annually. P.rumal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least 1 S years of age and who present to the animal control authority sufficient evidence of: (a) A current certificate of rabies vaccination for the dog. (b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entr}• points that informs both children and adults of the presence • of a dangerous dog on the property. (c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation. The appropriate governmental unit ma} impose an annual fee for the issuance of certificates of registration required by this section. (3) The owner shall immediate]}• notifj• the appropriate animal control aulhorit}' when a dog that has been classified as dangerous: (a) is loose or unconfined. (b) Has bitten a human being or attacked another animal. (c) Is sold, given away, or dies. (d) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new o~o~ner to the animal control authority. The ne~v ormer must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the ovrner of a dog classified as dangerous that the dog is in his or her - jurisdiction. (4) It is unla~vfiil for the o~mer of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restra'med by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The o~mer may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only members of the dog i spresent.SeWhen being transported Ssuch dogs must be safely and securelylrestrained n within a vehicle. (5) I-iunting dogs are exempt from the provisions of this act when engaged in any legal hunt or -~. re9~ (5) "Animal control authority" means an entity acting alone or in concert with other local govemmental units and authorized by them to enforce the animal control laws of the city, county, or state. In those areas not served by an animal control authorit}•, the sheriff shall carry out the duties of the animal control authority under this act. (6) "Animal control officei' means any individual employed, contracted with, or appointed by the animal control authorit}• for the purpose of aiding in the enforcement of this act or an}• other law or ordinance relating to the licensure of animals, control of anunals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of an}• animal. (7) "Omer" means any person, fain, corporation, or organization possessing, harboring, keeping, or having control or custody of an animal or, if the animal is owned by a person under the age of 18, that person s parent or guardian. Histon'.- >. ~. ch. )U- I Slt: s. ?, di. 9 ~- I ±; :. l l %, cL. )7-1 U2. ^,67.12 Clnssificatinn of clogs ns dangerous; certification of registration; notice and hearing requirements; confinzment of animal; czemp[ion; appeals; unlau-ful acts.- (1) (a) An animal control authorit}• shall investigate reported incidents involving an}• dog that may be dangerous and shall, if possible, inten•iew the owner and require a sworn a$idavit from any person, including any animal control officer or enforcement oilicer, desiring to have a dog classified as dangerous. Any anunal that is the subject of a dangerors dog investigation, that is not impounded with the animal control authority, shall be humanely and safely confined b}• the owner in a secruel}• fenczd or enclosed area pending the outcome of the investigation and resolution of an}• heazings related to the dangerous dog classification- The address of where the anunal resides shall be provided to the animal control authority. No dog that is the subject of a dangerous dog investigation ma}• bz relocated or o~mership transferred pending the outcome of an im•estigation or an}• hearings related to the determination of a dangerous dog classification. Inthe event that a dog is to be destro}•ed, the dog shall not be relocated or o~mership transferred. (b) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, vas unlawfuU}• on the prcpcrt}• or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog vas protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (c) After the im•estigation, the animal control authority shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the o~mer an opportunity fcr a hearing prior to making a final determination. The armal control authority shall provide ~~ritten notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of chapter 48 relating to service of process. The owner may file a written request for a hearing within 7 calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than 2l calendar days and no sooner than 5 days after receipt of the request from the o~mer. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph. rN% ~; b~°,•~a J'fnfe Statufe 767.07 lntcrpretntion.- Section 7b7.05 is supvt :mental to all other laws relating to dogs not expres~lyt oTf a oevision of therein and shall not be unstrued to modify, repeal, or in any v+aY affect any p P any such laws not expressly repealed therein or to prevent municipalities from prohibiting,' licensing, or regulating the running at large of dogs within their respective limits by law or ordinance now or hereafter provided. Histor~:- s. 2. oh. 7')-315. 767.10 l,egislaiive f ndings.- TheLegislature finds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the people of this state because of unprovoked attacks which cause injury to persons an~~d4mestic animals; that such attacks are iri part attributable to the failure of o~mers to confine and properly tram and control their dogs; that existing laws inadequately address this growing pFoblem; and that it is appropriate and necessary to impose uniform requirements for the o~mcrs of dangerous dogs. History.- s. 1, ch. yD-1K0. 767.17 pe(initions.- As used in this act, unless the context clearly requires othenvrse: (1)"Dangerous doo' means any dog that according to the records of the appropriate authorit}': (a) Has aggressive]}' bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; (b) Has more than once severely injured or killed a domestic anunal while off the owner s property; (c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained or og fighting; or (d) Has, when unprovoked, chased or approached a person upon th ovided thaw such actions_are public grounds in a menacing fashion or apparent attitude of attack, p attested to in a sworn statement by one or more persons and duCrfvlly investigated by the appropriate authority. elf or herself peacefully (2) "Unprovoked" means that the victim who has been conducturg hires and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. (3) "Severe injury means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. (4) "Proper enclosure of a dangerous dog" means, while on the ownei s property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, Suchleen prevent the entry of young children and designed to prevent the animal from escaping. P under, or through the structurerand shall also provide protection fromgheoelemens~g over, Ordinance No. 95-89-69 comtnission of a violation under this article. 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 1998. PASSED by the City Commission on second and final reading this day of 1998. SUZANNE SHAUGHNESSY Mayor/Presiding Officer ATTEST: IVIAUREEN KING, City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Note: New language indicated by underline ( ) Eliminated language indicated by strikeout (--) Attachment -Florida State Statute 767.11 Revision of Scptember 23,1998 Ordinance No. 95-89-69 State law reference(s)--Authority of state department of health and rehabilitative services to adopt rules regulating quazantine or destruction of domestic pets or wild animals infected with rabies, F.S. § 381.031(1)(g)1. Sec. 4-30. Citations authorized; penalties provided. (a) The city animal control officer or his designee as approved by the city manager shall have the authority to issue citations to those people whose pets are found to be in violation of this article and sections herein. (b) Violations of this article shall be punishable by fines as follows: First Offense: Twenty-five dollars ($25.00) for the first offense: ... if not paid within 14 da~goes to $50.00 ... if not paid within 30 days a Code Enforcement hearing would be required that could result in a fine of up to $250.00 per dav: Second Offense: forty-dollars-($46:00) one hundred dollars ($100 00) for the second offense: ..if not paid in 14 days. fine goes to $150.00; ..if not paid within 30 days a Code Enforcement hearing would be required that could result in a fine of up to $250.00 per day: Third Offense: seventy=five-do'lars{1s7~90)-forthtthvd~n oc 'tation-is-issued.- third offense and subsequent offenses wo~.rld require a mandatory appearance before the Code Enforcement Boazd. c) A f ve dollaz ~5) surchazee shall be assessed and collected upon each civil venal imposed for violation of an ordinance relatinP to animal control or cruelty as authorized b~ 828 27 Florida Statutes The proceeds from such surchazge shall be used only to assist in_ paving for the costs of training for animal control officers in accordance with the requirements of 828 27 of the Florida Statutes Said civil penalty_shall be paid to the City of Atlantic Beach. 1ci) The animal control officer shall have the authority to cite the owner or any person havin cg ustody of an animal for a violation of this article when and only when: (Itthe officer has received from an adult wifiess a sworn affidavit attesting to the animal having committed a violation pursuant to this article or (2) the animal control officer or other person duly authorized to enforce the~rovisions under this chapter, has wifiessed the Ordinance No. 95-89-69 container and depositing the defecation in a trash container. When walkine a doe or cat on any_prooerty within the City other than the owner's_proverty the owner of that do¢ or cat shall car-~r some sort of material utensil or suitable container with which to dispose of the defecation _ State law reference(s)-Damage by dogs, F.S. Ch. 767. Sec. 4-27. Disturbing the peace. (a) It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to keep any dogs or cats within the limits of the city which bark or howl so as to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise provided by state law. (b) Any animal or~fowl which persistently makes noises for an hour or longer and annoys citizens of the city shall be declared a nuisance under this chapter. Sec. 4-28. Vicious dog - (Refer to Sec. 4-10) Sec. 4-29. Rabies suspected. Reference F S S and Health D~artment 381.03(1) --(aJ-If-a"dog-'or`catissnspectedrof-having7a ~ ~ cn-by~-dogror-cat mspcctcdbfhavingnbies;~tch-d ' prcmiscsarrdthe-humancsociety-or-licensed-v shallthen-be7emoved-to-theproFer-pace-f e~ the expense ofthcowner-. --(b)dfan}rperson-is-scratch ern r, itp-therr-it-shaiificcome-thc-d imowkdgcthercof,~o-repomhe-incidtmt 'fin ~'~tY~(~~ honrrthcrcaftcr. -(cj-Arry animal reported-to-have-bitten-apcrs _ such~eriod-of time~nd-pi ace-as~nay-bcdesignat tcstingthc-dog-fordiscasc~cny-arrimal- sn r36ies-shalt-be rc}eased-by-its- ~~' anaigsis~y-a-}iccnsed-veterinarian-~o-liabili ~-fie animal shai}-attach to the-city-by-virtue ofartypmcedmein-this-articleirp-die city manager:-Ali-costsin cormection-withthiss ~~~e animai~- Ordinance No. 95-89-69 Sec. 4-24. Funning at large. It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to commit a nuisance or to be found mm~ing at large on any of the public streets, parks, playgrounds, alleys, beaches or vacant lots in the city and such dog or cat shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the animal may be released sooner upon proper identification and compliance with the registration requirements contained herein, and upon the payment of a twenty dollar ($20.00) fee ] an additional $7.00 per day for the redemption of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the fee in effect on the date the dog or cat is picked up. Sec. 4-25. Leashing. ~ ~lo~ogmuzzled~ urttnvraled-or-inocala c placcssnch-as-streets; parks,-playgTOUndr, a •, h~o~P011 property-otherthazrthatrof-itsrovvner No d~ shall be allowed off the nr~erty of its owner unless the dog is fastened to a suitable leash of dependable strength not to exceed twelve (12) feet in length. Such leash must be attached to a fixed object or soecificaliv held by a person capable of controlling the animal. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then immediately put back on the leash before returning to the beach. This does not include walkingthe doh in the water. Sec. 4-26. Damaging property. (a) It shall be unlawful for any person who shall own or be in control or in chazge of any dog or cat, to allow or permit the dog or cat to wander or stray upon the properly of another and damage the property. (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having chazge of or control of the dog or cat violating the terms and provisions of this article. {cl It shall be a violation for any owner of a dog or cat to allow such dog or cat to defecate on any orooerty within the citXother than the owner's nnvate nronerty wrthout immediate) removin such defecation with some sort of matenal utensrl or sortable i i Ordinance No. 95-89-69 feral animal accts the role as the animal's owner As such. the person is responsible for compliance with all local and state laws. The only exception to this is re 'sgi tiered oreanizations who offer temporary care for stray animals. Vaccination against rabies shall mean the proper administration of anti-rabies inoculation or vaccination by a veterinarian licensed by the state board of veterinary medicine. Sec. 4-22. Registration and tagging required. (a) No dogs or cats shall be owned or kept in the city unless properly registered and tagged as provided in this section. (b) No person shall be allowed to keep any dog over four (4) months of age or cat over four (4) months of age in the city unless the person shall fast register the animal at City Hall in Atlantic Beach and purchase a permanent nontransferable identification tag for each animal in the following sums: (1) Five dollar ($5.00) fee for cats and dogs which have been spayed or neutered. (2) Fifteen dollar ($15.00) fee for dogs or cats which have not been spayed or neutered (upon proof of spaying and neutering of an animal, the city will rebate $10.00 of the fee). (c) Tags lost or stolen can be re-issued at City Hall for one dollaz ($ 1.00). Registration tags shall be bought at City Hall immediately upon acquisition of an animal. Rabies vaccinations shall be updated every twelve (12) months for all animals over four (4) months of age. Both city and rabies tags shall be on the anima] at all times when the animal is off the owner's property. (d) Anyone who takes an animal on the beach must have an Atlantic Beach tag on said animal. Sec. 4-23. Impoundment for unregistered dogs and cats. Any unregistered dog or cat found in the city shall be picked up by the city or the designated authorzcd agent of the city and placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the animal maybe released sooner upon identification and compliance with the registration requirements contained herein, and upon the payment of a twenty dollaz ($20.00) fee Qus an additional $7.00 per day for the redemption of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the fee in effect on the date the dog or cat is picked up. Ordinance No. 95-89-69 If an animal is off of the property of its owner or of the property of the person who has custody of the animal and the animal attacks and injures any person or other animal, the owner or person in custody of the animal shall be guilty of a violation of this article. Sec. 4-10 vicious-doe Dangerous D~~ "Daneerous dog" means any dog that accordit~ to the records of the appropriate authori (a) Has aggressively bitten attacked or endangered or has inflicted severe injury on a human beingonpublic or private property: b(, Has severely iniured or killed a domestic animal while off the owner's ro e (c) Has been used primarily or in part for the purpose of dog f ghting or is a dog trained for dog fi rting: or (d) Has, when ...see FS 767.11(d). awfulfor~n_-yrow~i nt-the-errclo gersorrisircrcby defmcd-asp-"viciou " • , limited-to-at~l_p-those-doessrovho~r 4-11 to 4-20. Reserved. ARTICLE II. DOGS AND CATS` Sec. 4-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Cat shall mean all domestic felines. Dog shall mean all members of the canine family including pet foxes, wolves, etc. Owner shall mean any person having a right of property in a dog or cat, or who keeps or hazbors a dog or cat, or who has it in care or in custody. And person who feeds. maintains keeps or assists in the welfare of an animal which is considered to be a stray or i Ordinance No. 95-89-69 4, but shall be subject to the provisions of Chapter lOD-3, Florida Administrative Code; c. Every application for annual license for a pet potbellied pig shall be accompanied by written certification from a licensed veterinarian that such pig is spayed or neutered and vas, within thirty (30) days before such application is made, in compliance with this section's age, weight and height provisions; d. Every application for annual license for a pet potbellied pig shall be accompanied by a sworn affidavit signed by the applicant to the effect that such pig is and shall be, for as long as it is owned by such applicant and regulated under this part, the sole pet potbellied pig owned or kept in such applicant's household; e. Before application for annual license for a pet potbellied pig is made, the owner of such pig shall allow the animal control officer a reasonable and timely opportunity to examine such pig and its bona fides as a registered potbellied pig pursuant to subsection (1) above for the purpose of ascertaining that such pig is a true miniature Vietnamese potbellied pig; and f. The animal control officer shall have the authority to refuse application for annual license for any pig which it deems not to be identifiable as a true miniature Vietnamese potbellied pig. (6) No potbellied pig regulated by the provisions of this part shall be maintained or used as a source of food. No owner or animal shelter shall dispose of a pet potbellied pig by use, sale, trade or gift of such pig as a food source or as a research animal, but shall dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by surrender to the animal control officer or to the Jacksonville Humane Society, or by humane euthanasia to be administered by the animal control office, iiie Jacksonville Humane Society, or a licensed veterinarian. Failure to comply with any provision of this section shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (7) All ordinance Code provisions and all Florida State Statutes which pertain to cruelty to or humane treatment of animals and which are not superseded by any specific provision of this part shall apply to the ownership of pet potbellied pigs as regulated under this part. Sec. 4-8. Reserved. Sec. 4-9. Injuries caused by animals. Ordinance No. 95-89-69 providing human companionship and which is in compliance with all other applicable provisions of this Code. Miniature Vietnamese potbellied pigs may be kept as household pets under the following conditions: (1) Ownership of a pig or other swine animal as a household pet is prohibited, except if such animal is a pwebred miniatwe Vietnamese potbellied pig, sus scrofa vittatus, is no younger than six (6) weeks of age, weighs no more than one hundred twenty-five (125) pounds, measwes no more than twenty-two (22) inches in height to be measwed to the top of a front shoulder, is spayed or neutered, is registered with a pwebred registry which is recognized as bona fide by the animal control officer and is kept as a household pet for the sole purpose of providing human companionship. Ownership of such an excepted pig, hereinafter "pet potbellied pig," shall be regulated by the provisions of this part. (2) No household shall own or keep more than one (1) pet potbellied pig. (3) Every pet potbellied pig shall be maintained primarily wither the residence of its owner. No pet potbellied pig shall be kept out-of-doors. Every pet potbellied pig maybe exercised from time to time ~vitlun a secwely fenced encloswe on the owner's residential property or while under the secure physical control of the owner, or other custodian, by means of secwe leash, chain or chord. Pwsuant to section 4-24, which is hereby made applicable to this part, no pet potbellied pig shall run at large. (4) No pet potbellied pig shall be starved or otherwise deprived of healthful sustenance appropriate for its species and particulaz natwe. Depriving a pet potbellied pig of healthful sustenance for any purpose, to include the purpose of stunting its growth of having it conform to the weight or height provisions in subsection (1) above, shall not constitute an exception to this provision. Violation of this provision shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (5) All portions of chapter 4 which pertain to dogs and cats, or to relevant penalties, fees and time frames, and which aze not superseded by specific provisions of this part, aze hereby declared to pertain to pet potbellied pigs, as defined and regulated under this chapter, with the following provisions: a. There shall be no required annual inoculation against rabies for such pigs, but written certification by a licensed veterinarian shall be submitted as part of every application for annual license for a pet potbellied pig as proof that such pig has, within thirty (30) full business days before such application, been inoculated against and/or been blood-tested, with negative results, for pseudorabies and for brucellosis; b. Pet potbellied pigs shall be exempt from the quarantine provisions of chapter t Ordinance No. 95-89-69 (b) It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or similaz birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property, in the opinion of the proper health authorities of the city, then the health authorities shall meet with representatives of the Audubon Society, bird club, gazden club or humane society, or as many of the clubs as are found to exist in the city, after having given at least three (3) days' actual notice of the time and place of the meeting to the representatives of the clubs. (c) If as a result of the meeting no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in such number and in such manner as is deemed advisable by the health authorities under the supervision of the chief of police of the city. Sec. 4-5. Cruelty to animals. (a) It shall be unlawful for any person to overload, overdrive, torture, torment or deprive of necessary sustenance, food or drink, or unnecessarily or cruelly beat, mutilate or kill any animal or cause or permit either of such offenses to be committed. (b) It shall be unlawful for any person to willfully and maliciously steal, kill, wound or injure any animal which is the property of another or willfully and maliciously administer poison to any animal or expose any poisonous substance with intent that the same shall be taken and swallowed by any animal which is the property of another. (c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon any animal within the limits of the city. State law reference(s)--Cruelty to animals, F.S. Ch. 828. Sec. 4-6. Reserved. Sec. 4-7. Keeping or maintaining certain animals in the city. (a) It shall be unlawful for any person to keep or maintain horses, mules, cows, cattle, chickens, poultry, or goats in the city, except for in special events, as approved by the city manager. (b) It shall be unlawful for any person to keep a hog or hogs upon any property or premises located within the limits of the city, with the sole exception of a bona fide, purebred miniature Vietnamese potbellied pig which is kept for the sole purpose of ORDINANCE NO. 95-98-69 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS ENTIRETY CHAPTER 4, ANIMALS, OF THE CODE OF ORDINANCES AND PROVIDING AN EFFECTIVE DATE BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: Section l: Chapter 4, Animals, Articles I and II, of the Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended to read as follows: Chapter 4 ANIMALS ARTICLE I. IN GENERAL Sec. 4-i. Animal control enforcement. The provisions of this chapter shall be enforced by the animal control officer(s), police officer(s), and code enforcement officer(s) of the city. Sec. 4-2. Interfering with officers. No person shall interfere with, resist, or hinder any animal control officer, police officer, or code enforcement officer in the performance of any duty required by the provisions of this chapter. Sec. 4-3. Animal shelter or impounding vehicles; breaking open fences, etc., of; removal of animals. No person shall break open or assist in the breaking open of any of the fences, gates, fastenings or enclosures of the animal shelter or impounding vehicles and no unauthorized person shall remove or let loose any animal from the shelter or impounding vehicles. Sec. 4-4. City designated bird sanctuary; shooting, molesting, etc., of birds prohibited; exception. (a) The entire area embraced within the city is hereby designated as a bird sanctuary. ATTACIQSENT E _ OCTOBER 26, 1998 COMMISSION MEETING CTI'Y OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Animal Control O~rd~in~a'nce SUBMITTED BY: David E. Thomp os` n, Director of Public Safety DATE: October 19, 1998 BACKGROUND: Regarding the wording of Section 4-29 in the proposed ordinance, the following wording may be more appropriate: "Suspected rabies cases will be handled according to the Health Code as established by the State Department of Environmental Health (authorized by r.S.S. 381.OGo)." This previous statute number cited in the proposal, 381.03(1) , is not correct. RECOMMENDATION: We recommend that this change be inserted into the proposed ordinance. ATTACIIMENTS: NONE REVIEWED BY CITY MANAGER: AGENDA ITEM NUMBER: Page of Pages ~p, ~ ~ n ~\ ~l ~/~ ~ O 9 4 r ~~LSUU u uc.~~~ BEACH BUGGIES & 4X4's "THE JEEP SPECIALISTS" 20 Donner Road ATLANTIC BEACH, FL 32233 ~ 1 JLL. ~l'..Q_,.~.r_,..~ (904) 242.0392 a NAME a~= -- ~...awso..zR,-».-,..w.- PNONE •a`• ' -• • DATE _ -~ STREET Clry YEAR COLOR MAKE MODEL REGISTRATNNi NO. SERIAL NO OOOIAETER ESTIMATE PREPMED BY INSURANCE CO. AD.IUSTOa REPLACE REPAIR i DESCRIPTION PARTS LA(iOR REFINISH SUBLET ~ _ ~~i I 1 i ~~ , l l r~ ~ ~-~ \ ~ " 1 • ~ ' , 1 \ J ~ _ ~ ~~ L' L~-' ~~GLI I ~~ ~l ~A ~ _ _.__ _ . ._ _ - I l ~' ~-- I ' C O , 1 Y •y~ , I (.r~~ +Jfl \ ~ I I TOTALS ~ ` ~ _ The above is an estimate based on our inspection and does not ~ cover any additional paAs or labor which may be required aher the TOTAL PARTS ......... ........ S work has been started. Occasionally, worn or damaged parts are tliscovered which may not be evident on the first inspection. TOTAL LABOR ......... ........ 5 Because of this, the above prices zre not guaranteed. Quotations TOTAL REFINISH ....... ...... 5 on parts and labor are current and subject to change. .. TOTAL SUBLET ........ ........ $ AUTHORIZATION FOR REPAIR. You are hereby authorized to make the above repairs: TAX . ... . ............. . . ...... $ 5 SIGNED: TOTAL ................ ....... $ DATE: Page of Pages ~~\ ~~ S ~ ~ r-rv~ ~~ ~ ~ ~ ~ 10 9 3 BEACH BUGGIES & 4X4's "THE JEEP SPECIALISTS" 20 Donner Road ATLANTIC BEACH, FL 32233 (904) 242.0392 ~ ------ - - ,...._... NAME ,..__..v.... PRONE .,...~~~,e, ..,,~ DATE STREET Ury YEAR COLOR MAI(E MODEL REGISTRATgN NO. SERIFl NO. ODDMETER ESTIMATE PREPARED BY INSURANCE CO. ADNSTOR REPLACE REPAIR DESCR IP TION PARTS LABOR REFINISH SUBLE~ (r / ~ 1t ' ~ I L l ~ w - -i- ^ 5~ ' : o '.r~_ ~ ,, ( / - ~ ~, ~. . ,` _ - . .~1. ~., , rt ~~ II ~ ~ t ( a •~ K: rr~ - ~ n ,~ SL ~ rl ~' ~ ~ TOTALS The above is an estimate based on our inspeclion and does not ~ ~P cover any additional parts or Tabor which may be required after the TOTAL PARTS ............ ..... S work has been started. occasionally, worn or damaged pans are discovered which may not be evident on the first inspection. TOTAL LABOR ............ ..... 5 Because of this, the above prices are not guaranteed. Quotations TOTAL REFINISH S - on parts and labor are current and suGject to change. .......... ..... TOTAL SUBLET ........... ..... S AUTHORIZATION FOR REPAIR. You are hereby au!horized to make the above repairs: TAX .,~~,,,~~,~~~~~,.,. .,,,.$ SIGNED: DATE: TOTAL ................... .... S PRODUCT 660 MESS IC GnM M4 ON11. i~ ON~lMR1[ TOLL rREF IJOP7S5~[710 © ~ ._ a a Page of Pages ~~~~~~~~ 1092 BEACH BUGGIES & 4X4's "THE JEEP SPECIALISTS" 20 Donner Road ATLANTIC BEACH, FL 32233 (904) 242.0392 __ _ _ NAME PaONE DATE ~ti ~ ' G ~, sraEE3 1 . ~ ,^Fr 1 ~~ ' arY L .iv ~i LG. YEAR `~ ~ COLOR ~ ---.FF.~. MODEL ~`•t 1 Lv ~~t.l... 1 a ODOMETER ESTIMATE PR DBY ' OGOC~ I ~ ~'S w~ ulweadrsce ,~. .~ C~~ i~~~ ~~:~, AEidtl9TBR L REPLACE REPAIR DESCRIPTION I PARTS LABOR REFINISH SUBLET . -` 'r ~ • I ~ , _ 1 } . ~ C' ~i., I..LLti llt-~ ~ ~' l~~ >1 ~ ~ . ~~ 1 ~L~ i a •, , , • ,~ ' ~ • ' ~~ ~ ~° ~ (l ~ ~ ~ ~9 ~. __ TOTALS The above is an estimate based on our inspection and does not cover any additional parts or labor which may be required aher the TOTAL PARTS .......... ....... $ work has been started. Occasionally, worn or damaged parts are discovered which may not be evident on the first inspectron. TOTAt LABOR .......... ....... 5 Because of this, the above prices are not guaranteed. Quotations TOTAL REFINISH . .... ... .. S on parts and labor are current and subject to change. ... .. TOTAL SUBLET ......... .......5 AUTHORIZATION FOR REPAIR. You are hereby authorized to , make the above repairs: TAX ....... . . . ... . . . . . . . ...... $ -~~ that will allow the vehicle to carry equipment that is often left at the station or carried by hand. Cost 5350 8. Front Bumper Appliques: These will protect the front bumper from being "sandblasted" while driving on the beach, leading to rust. Cost $89 9. Powdercoating for Frames and all Accessories: After research, it was established that powdercoating was clearly superior to standard paints for rust prevention. To withstand marine elements, this process was recommended. Cost $800 10. The original estimate for painting was for a standard paint job. However, the builder has recommended a "tri stage" paint job that includes three (3) extra clear coats to protect it. Cost $800 Note: Beach Buggies will provide all labor without charge relative to these additional items. Total Costs: $2,722 The funding source will come from Capital Project money in the 1998-99 lifeguard budget. Recommendation: We recommend that approval of the additional items listed above. Attachments: Itemized list from Beach Buggies and 4X4 REVIEWED BY CITY AGENDA ITEM NUMBER: ~ ~ ATTACHMENT D _ OCTOBER 26, 1998 COMMISSION MEETING CITY OF ATLANTIC BEACH C17 Y COMMISSION MEETING STAFF REPORT AGENDA ITEM: LIFEGUARD VEHICLE UPGRADES SUBMITTED BY: David E. Thompsonson Duector of Public Safety DATE: October 19, 1998 BACKGROUND: In March of 1998, the City Commission approved the funding for the purchase of a vehicle for the lifeguards. This vehicle was to be purchased through Beach Buggies and 4X4's in Atlantic Beach, and it would essentially be built and designed for the type of abuse that is normal for beach patrol operations. It included numerous upgrades to resist the salt and sand that the vehicle will encounter over its lifetime. Since the process included building the vehicle from the frame to completion, the vehicle is only now approaching completion. Before the finishing touches are completed, the builder recommends a variety of upgrades to further protect it from future damage. Each item and the associated costs will be discussed below: l . Ceramic Coat Hedders: If they are not protected, they will rust. Normal paints will not withstand the temperatures, and the ceramic coats will protect them for many years; Cost $239 2. Dual Catalytic Converters: To assure compliance with all emission regulations, the additional costs will be about $150. 3. Nerf Bars: These will improve safety for everyone entering or exiting the vehicle. These will fill the space so that feet do not slip through spaces where they are stepping in and out. Cost $129 4. Locking Gas Cap Cost $12 5. hocking hood Cost S27 6. Powdercoat all 4 Wheels: Paint will not protect the wheels from rust under beach conditions. This process will protect them much better. Cott $255 7. Custom Built Storage Rack: This rack was designed by the builder in conjunction with the Lifeguard Chief. It is a metal rack ATTACFB4ENT C OCTOBER 26,1998 COMMISSION MEETING Stephen A. Kuti 1132 Linkside Drive Atlantic Beach, FL 32233 Tel: 904,' 246-3700 e-mail: oregciganyc~i roLcom October 26, 1998 City of Atlantic Beach City Commissioners 800 Seminole Road Atlantic Beach, FL 32233 Re: Lifeguard Vehicle Upgrade '78 JEEP CJ 7 Madam Mayor, Commissioners; Our City has a contract with 'BEACH BUGGIES "to build a vehicle from 'frame to completion", designed "for the type of abuse, the vehicle will encounter over it's lifetime ",which is normal use for beach patrol. Recently, Beach Buggy contacted the City and recommeruted adding the following: I. Ceramic coat the HEADERS $ 239 2. Dual catalytic comer[ers 150 3. Nerf bars (to prevent sliding upon entering) 129 4. Locking gas ccrp 12 5. Powdercoat al! four (4) wheels 255 6. Locking hood 27 7. Custom built storage rack 350 8. Front bumper appliques 89 9. Powdercoat frames 800 10. Trt-stage paint (Origins! paint was to be for Standard Paint) 800 / I. Remote -controlled spot light SO Total: $ 2901 Labor is provided FREE. according to Beach Buggy. uestions: a. Why are we spending dollars on a '78 Jeep? b. Why were these adders omitted from the original price ? c. How marry years will be added with these additions ? City of Atlantic Beach City Commission Meeting Staff Report Page 2 The following language is suggested by the City Attomey to be included in the long term rental contracts for public facilities as a requirement for standazd insurance and hold harmless language, as requested by the Commission at the September 14 meeting: " (name of organization) agrees to indemnify and hold harmless the City of Atlantic Beach from any and all Lability, defense costs, including other fees, loss or damage which the City of Atlantic Beach may suffer as a result of claims, demands, costs of judgements against it, arising from all activities engaged in by (name of organization) in its use of the following public facility: "In addition, (name of organization) agrees to provide to the City of Atlantic Beach a certificate of insurance naming the City of Atlantic Beach as a additional insured in an amount of no less than the maximum exposure of the City of Atlantic Beach." RECOMMENDATIONS: (1) Approval of suggested additions made by City Attomey and authorize the City Manager to sign the amended long term rental contracts for pubic facilities to include: Acting Up, YMCA, ABET, Sea Turtle Patrol, Habitat for Humanities and Atlantic Beach Athletic Association. OR (2) Approval of "hold harmless" addition made by the City Attomey and authorize the City Manager to sign the amended long term rental contracts for public facilities to include: Acting Up, YMCA, ABET, Sea Turtle Patrol, Habitat for Humanities and Atlantic Beach Athletic Association. ATTACHMENT: Suggested language change memorandum from the City Attorney. REVIEWED BY CITY MANAGER: ~ ~~-Jj' ~~ ATTACHMENT B OCTOBER 26, 1998 COMMLSSION MEETING AGENDA ITEM: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Discussion and action on long term rental contract for public facilities SUBMITTED BY: George Foster, Human Resource Manager Timmy Johnson, Recreation Director DATE: October 20, 1998 BACKGROUND: On November 25, 1996, the City Commission approved a standard long term rental contract for public facilities. There is nothing within the current contract that would require non-City organizations provide proof of liability and property insurance. Non-City organizations that are requesting a long term rental contract include: Acting Up, YMCA, ABET, Sea Turtle Patrol, Habitat for Humanities and Atlantic Beach Athletic Association. Contracts with these organizations are up for renewal and we recommend that the City Attorney include within the contract a "standard" insurance clause for liability, property and "hold harmless." Without such requirements the City maybe liable for the actions of the non-City organizations. After speaking with the organizations, providing additional insurance would bring a financial hardship on half of the organizations (ABET, ABAA, Sea Turtle Patrol). However, all of the Organizations are inclined to agree to the "hold harmless" language. The City's Liability Insurance Company has advised that: "Both documents, the Hold Harmless and Certificate of Insurance, are required since the certificate is merely evidence that the other party has insurance. This is not a legal contract. Without these documents, you might find yourself financially responsible for the acts of others." "The certificate will only protect the named insured and additional named insured for the conditions and limits provided in the insurance policy obtained by the "Second Party". You would not be protected if the limits aze not suthcient, the coverage is inadequate, the coverage is excluded under their wntract, or for some reason, their policy of insurance was canceled. In that event, you would have to rely on the Hold Harmless Agreement. But without the Hold Harmless Agreement, you would then have to defend and pay any possible judgements." ~ ~ ATTACHMENT A -UCTOBER 26, 1998 COMMISSION MEETING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5345 TELEPHONE (903) 247-5800 FAX (904) 247-5801 SUNCO~t 852.3800 October 9, 1998 TO: P~r1IKE BORNO CITY COMMISSIONER FROM: .I1~~i JARBOE Cjd Y MANAGER RE: CENTEX HOMES REQUEST FOR SEWER SERVICE Several months ago Centex Homes made a request of the City to commit to sewer service for their proposed 220 home development off of Church Road in Jacksonville. At 350 gallons per day average per house, the City would had to have given Centex a commitment of 77,000 gallons per day. We were unable to give them such a commitment due to the Buccaneer Plant being committed to the Mayport flow, the several times a year it exceeds capacity and being so near capacity. Buccaneer Sewer Capacity Average Daily Processed Remaining Capacity Committed to Mayport Remaining Uncommitted Capacity Centex Commitment Request 1,300,000 gallons per day 1,011,000 ¢allons per day 289,000 gallons per day 125.000 allons per d~ 164,000 gallons per day 77,000 eallons per day 87,000 gallons per day* * Would not handled overflows during normal storm events. cc: City Commission Minutes Page -13- October 26, 1998 There being no further comments or business to come before the Commission, the meeting adjourned at 11:10 p.m. Su.:anne Shaughnessy Mayor /Presiding Officer ATTEST: Maureen King, CMC City Clerk OMMLSSIONERS M O T 1 O N S E C O N D Y E S N O Minutes Page -12- October 26, 1998 9. City Manager Reports and/or Correspondence: City Manager Jarboe Reported he had received an estimate from the JTA's design engineers to move the city's utility lines in conjunction with the Wonderwood project which he felt was too costly. He indicated he would issue an RFP for the work in anticipation of getting a better price and bring his findings to the next meeting. Reported he had received a letter from the Navy requesting that the city provide water and sewer service to the base. He indicated he would be looking into this and would report back to the Commission at the next meeting. 10. Reports and/or Requests from City Commissioners, City Attorney and City Clerk Commissioner Meserve Reported that seventy-four trees had been planted on the Village of Mayport side as part of the ferry slip beautification project and new lighting would be installed in conjunction with the sewer project. Mayor Shaughnessy Reported she attended a Town Center Meeting earlier in the evening and a draft document relative to the three cities' participation in the project had been refereed to the City Attorney for review. Stated she had attended a Florida Shore and Beach Preservation Conference last week and would provide information to the Commission at a later date. OMMLSSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -11- October 26, 1998 Employee Leave Donation Program Effective October 1, 1998. Commissioners Bomo and Mitchelson indicated they were in full favor of the program. There was no discussion and the motion carcied unanimously. C. Authorize the Expenditure of an Amount Not to Exceed $3,500.00 for the 1998 Town Center Holiday Tree Lighting Celebration (City Manager) Motion: Authorize the expenditure of an amount not to exceed $3,500.00 for the 1998 Town Center Holiday Tree Lighting Celebration. City Manager Jarboe stated he and Recreation Director Johnson had met with representatives from Town Center, the Sea Turtle, and the City of Neptune Beach to coordinate the Tree Lighting Ceremony to be held Saturday, December 5, 1998, at 5:00 p.m. The expenditures listed in a memo from Recreation Director Johnson dated October 21, 1998, were discussed item by item. Recreation Director Johnson indicated the cost for lights included replacement strings of lights for 50 to 70 trees. Mr. Johnson's memo is attached and made part of this official record as Attachment G. Mayor Shaughnessy expressed concern that the costs had doubled from the previous year's celebration and stated she would like to see the decorations before they are purchased. Mayor Shaughnessy also inquired if the city had paid groups for performing in the past, and requested that the Roberts Mt. Pisgah A.M.E. Church Choir be scheduled first on the evening's program. Commissioner Meserve believed that $3,500.00 was not an excessive expenditure for this year's expanded program. "there being no further discussion, the motion carried unanimously. OMMISSIONERS M O r I O N S E c O N D Y E S N O BoRNO x MESERVE X X MITCHELSON X X SHAUGHNESSY X Minutes Page -10- October 26, 1998 BENEFITS, DIVISION 3, RETIREMENT SYSTEM TO COMPLY WITH STATE AND FEDERAL LAWS (City Manager) Mayor Shaughnessy read the ordinance by title only. Motion: Pass Ordinance 58-98-25 on Tirst reading. Mayor Shaughnessy announced that the public hearing would be held on November 23, 1998. There was no discussion and the motion carried unanimously. 8. New Business: A. Authorize Execution of Contract Services Agreement with D & A Inspections Unlimited (City Manager) Motion: Authorize the City Manager to execute the Contract Services Agreement with D& A Inspections Unlimited. City Manager Jarboe stated that the city conducted an average of I50 to 200 inspections per month. He explained the contract was advertised in both the legal and employment sections of the Florida Times Union and no other company had bid on the work. It was further explained that in addition to inspections, the Building Official conducted plan reviews and answered citizens' questions. Commissioner Borno inquired if the inspector was called on an as- needed basis. City Manager Jarboe stated he had been working three days per week. There being no further discussion, the motion carried unanimously. B. Authorize the City Manager to Establish an Employee Leave Donation Program Effective October 1, 1998 (City Manager ) Motion: Authorize the City Manager to establish an OMMISSIONERS M O T I O N S E C O N D Y E S N O aoRNO x MESERVE X X MITCHELSON X X SHAUGHNESSY X soRNO x x MESERVE X MITCHELSON X X SHAUGHNESSY X aoRNO x x MESERVE X X MITCHELSON SHAUGHNESSY Minutes Page -9- October 26, 1998 address the city's drainage problem. Mayor Shaughnessy explained that the ordinance would be part of the upstream management portion of the stormwater collection system and pointed out that increased lot coverage along the oceanfront had become a contributing factor to the drainage problems of the core city. Mayor Shaughnessy indicated that the SJRWMD monitored water quality and wanted assurance from the city that it would provide the best possible water quality. She pointed out that the SJRWMD repeatedly stressed to the city the importance of providing some type of filter for the pollutants. Mayor Shaughnessy pointed out that this was a drainage problem which just gets worse with increased impervious surfaces as lots are developed, and felt it would be up to the attorneys to determine if the ordinance was a taking of property. Commissioner Meserve stated he could understand passing such an ordinance if Atlantic Beach was a new city, but expressed concern that implementation of the ordinance constituted a major change after the fact, which would affect every property owner in some way. He believed that the residents had bought [heir property with certain expectations and the ordinance may change them. He also expressed concern that permitting would become too complex. Commissioner Meserve believed the ordinance should not be passed based on the potential for something to happen (100% lot coverage) because there was no data to support what would happen with or without the ordinance. He stated he needed further input and discussion before making a decision. It was announced that the public hearing would be continued to the November 9, 1998 Commission Meeting. The Mayor called a recess at 10:10 p.m. and the meeting reconvened 10:20 p.m. C. Ordinance 58-98-25: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE OMMLSSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -8- October 26, 1998 Meuse of 337 11th Street, Jeri Sabot of 330 1st Street, Steve Rosenbloom of 1417 Beach Avenue, and Eddie Hilliard of 338 11th Street. It was the consensus of those citizens who opposed the proposed ordinance that it constituted an unjust taking of property. They believed that the city was attempting to solve drainage problems at the expense of the residents by restricting a property owner's right to improve and enjoy his property, particularly those residents with small 50' x 100' lots. Several citizens inquired if the 50% tot coverage limitation was arbitrary. Mayor Shaughnessy explained that the ordinance was not a whim of the Commission, but had been discussed over a period of time and would be part of the city's stormwater management plan. The following citizens spoke in favor of the proposed ordinance: Don Phillips of 1566 Park Terrace West, Alan Potter of 374 Second Street, Nancy White of 1729 Seminole Road, and Fred Kerber of 375 1st Street. Those supporting the ordinance believed it would curtail the overbuilding which has been occurring on small lots throughout the city, and if passed, would allow the St. Johns River Water Management District (SJRWMD) to look favorably on the City of Atlantic Beach in that they have taken positive steps to control pollution and improve drainage. Dorothy Kerber of 365 1st Street presented the Commission a petition requesting the Commission's assistance with a neighborhood preservation project. The petition is on file in the Office of the City Clerk. Commissioner Mitchelson stated he was the sponsor of the ordinance and explained that the 50% maximum impervious area requirement for all residential zoning districts was chosen as a starting point. He pointed out that the current ordinance allows 100% coverage on any lot in the city, which he believed was not good for drainage or property values. Commissioner Mitchelson reiterated that the 50% figure was used as a starting point to OMIdISSIONERS rt O r I O N s E c O N D Y E S N O Minutes Page -7- October 26, 1998 limits between first, second, and third offenses for repeat violators. The letter is attached and made part of this official record as Attachment F. There being no further discussion, the motion carried unanimously. Mayor Shaughnessy recessed the meeting and it was reconvened at 8:53 p.m. B. Ordinance No. 90-98-167 Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, SECTION 24- 17 DEFINITIONS, AND SECTIONS 24-104, 105, 106, & 107, RESIDENTIAL DISTRICTS, TO LIMIT LOT COVERAGE IN RESIDENTIAL DISTRICTS TO FIFTY PERCENT (50%) AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) Mayor Shaughnessy read the ordinance by title only and announced that the public hearing would be continued to the November 9, 1998 Commission Meeting because due to the lack of a quorum, the Community Development Board was unable to meet and make its recommendation to the Commission. It was reported that their meeting had been rescheduled for October 27, 1998, and their recommendation would be brought to the next Commiss~cn Meeting. Mayor Shaughnessy then opened the public hearing. The following citizens spoke in opposition to the proposed ordinance: George Bull Jr. of 1937 Sevilla Boulevard West, Chantal Hook of 150 12th Street, Roger Kjar of 332 Third Street, Earl Wallace of 1165 Ocean Boulevard, Peter Sapia of 1655 Selva Marina Drive, Jim Pelkey of 1887 Beach Avenue, Curtis Ford of 2030 Beach Avenue, P.J. Wetherhold of 316 Oceanwalk Drive North, Janelle Wilson of 3090 South Third Street in Jacksonville Beach, Ed Barbarito of 1948 Sevilla Boulevard West, J.P. Marchioli of 414 Sherry Drive, Ann OMMISSIONERS M O T 1 O N S E C O N D Y E S N O Minutes Page -6- October 26, 1998 their dogs on the beach. Dr. Simmons explained that the Animal Control Review Committee (ACRC) believed visitors should pay the same as citizens for the tag which supports animal control. She further stated that the ACRC believed the Animal Control Officer could, at his discretion, issue a copy of the ordinance and a warning. Commissioner Mitchelson stated he understood the problem concerning the retriever, but he felt it was impossible to make exceptions for different breeds of dogs. Commissioner Mitchelson suggested that the Animal Control Officer carry a supply of tags to sell to out of town visitors to the beach. He believed a fine of $25.00 for the first offense was not excessive. Commissioner Mitchelson expressed some concern regarding Section 4-30(d) of the ordinance allowing one adult witness to file a sworn affidavit attesting to an animal having committed a violation. Public Safety Director Thompson explained the use of an affidavit in detail and the consequences of its misuse. Mayor Shaughnessy stated the City of Atlantic Beach was no longer a rural community and revisions to the ordinance were long overdue. Commissioner Bomo stated that it was never the intent of the ordinance to hurt responsible pet owners, but the ordinance needed "more bite" to deal with irresponsible pet owners. Commissioner Borno also favored establishing a dog run park. Dr. Simmons stated the ACRC had discussed establishing a dog run park in the future, possibly in Tresca Park. Mayor Shaughnessy requested that the ACRC meet again to discuss establishment of a dog run park and bring their recommendation for its location to the November 9, 1998 Commission Meeting. Dr. Simmons stated the committee would do so. Public Safety Director Thompson stated that for the record, a letter had been received from Billy M. Arzie referencing Section 4-30(b) of the ordinance ana suggesting consideration be given to setting time OMIrnSSIONERS M o r I O N s E c O N D Y E S N O Minutes Page -5- October 26, 1998 Harry Havercamp of 848 Ocean Boulevard expressed concern the ordinance would prohibit small dogs from going in the ocean, treat cats differently than dogs in that cats were not required to be leashed, and would create a "police state" with neighbors fuming in neighbors for purported violations. David Boyer of 2059 Beach Avenue felt the ordinance could not be enforced equally for dogs and cats and was unfair in that respect. He believed the fines were too high, and that dogs should have an area on the beach where they could run free. He felt most dog owners were responsible and cleaned up after their animals on the beach, and the ordinance was "overkill". Mike Waters of 1864 Beachside Court sympathized with the Pointevants whose dog was killed on the beach, and hoped that an attack never happened again, but he believed most dog owners were responsible for their animals. He also felt dogs should not have to be leashed all of the time and needed an area to run free. Don Phillips of 1566 Park Terrace West stated his son had a retriever which needed to run free for training but he could not do [his under the ordinance. He also felt an area was needed for dogs to run free. There being no further comments, Mayor Shaughnessy closed the public hearing. Motion: Adopt Ordinance No. 95-98-69 on final reading with amendments recommended by Staff. (See Staff Report from Director of Public Safety Thompson dated October 19, 1998, which is attached and made part of this official record as Attachment E). Commissioner Meserve stated the city has always had a leash law which applied to both dogs and cats. He agreed the fines were pretty heavy. Commissioner Meserve also expressed concern that Section 4-22(d) of the ordinance, which requires an animal to have an Atlantic Beach tag to be on the beach, would prohibit visitors from walking OMMISSIONERS M O r I O N S E c O N D Y E S N O BORNO X MESERVE X X MITCHELSON X X SHAUGHNESSY X Minutes Page -4- October 26, 1998 A. Reject All Bids Received Uuder Bid No. 9798-37 for the Purchase of Polymer Motion: Reject all bids received under Bid No. 9798-37 for the purchase of polymer and rebid the contract as recommended by Staff. There was no discussion and the motion carried unanimously. 5. Committee Reports: There were no committee reports. 6. Action on Resolutions: There vas no action on Resolutions. 7. Action on Ordinances: A. Ordinance No. 95-98-69 Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS ENTIRETY CHAPTER 4, ANIMALS, OF THE CODE OF ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Mayor Shaughness}~ read the ordinance by title only. She opened the floor for a public hearing and invited comments. J.P. Marchioli of 414 Sherry Drive inquired why the ordinance did not limit the number of pets allowed in one household, nor address other types of pets such as snakes, ducks, rabbits, etc. Dr. Sylvia Simmons, Chairperson of the Animal Control Review Committee, stated that poultry was covered by the ordinance. She further stated that there was no limitation placed on the number of animals, however, that may be addressed in other areas of the code such as under nuisances or public health. George BuII of 1937 Sevilla Boulevard West favored passage of the ordinance. ObA9SS[ONERS M O T I O N s E C O N D Y E S N O aoRNO x X MESERVE X MITCHELSON X X SHAUGHNESSY X Minutes Page -3- October 26, 1998 Motion: Defer action until the next Commission Meeting (November 9, 1998) in order to receive information concerning the costs involved and the impact the requirement would have on the organizations using city facilities. There vas no discussion and the motion tamed unanimously. C. Approve Upgrades to Lifeguard Vehicle at a Cost of $2,722.00 (City Manager) Motion: Approve upgrades to the lifeguard vehicle in the amount of 52,722.00 as recommended by Public Safety Director Thompson. Stephen Kuti distributed a memo to the Commissioners prior to the meeting questioning the proposed upgrades to the vehicle. Mr. Kuti s memo is attached and made part of this official record as Attachment C. Commissioner Botno inquired as to why the city was spending the money to upgrade a 1978 vehicle. Public Safety Director Thompson explained that the paint upgrades would prolong the useful life of the vehicle beyond the usual two years for a vehicle used on the beach. It was pointed out that Beach Buggies and 4 x 4's would grant a full two year warranty upon completion of the vehicle. Public Safety Director Thompson's memo dated October 19, 1998 conceming the proposed upgrades is attached and made part of this official record as Attachment D. Mayor Shaughnessy inquired as to the requirement for dual catalytic converters and was told it was needed to assure compliance with all emission control regulations. It was pointed out that in the past governments were exempted from the requirements, but that was no longer the case. David Boyer of 2059 Beach Avenue concurred with the dual catalytic converters upgrade and commented he did not believe the city would want to have a oolluting vehicle on its streets. There being no further comments, the motion carried unanimously. 4. Consent Agenda: OMMLSSIONERS M O T I G N S E C O N D Y E S N O HORNO X X MESERVE X X MITCHELSON X SHnUGHNESSY X EDRNO x X MESERVE X MITCHELSON X X SHAUGHNESSY X Minutes Page -2- OctoberZo, i998 3. Unfinished Business: A. Consideration of a Request to Close Beach Avenue to Through Traffic From the Sea Turtle to 20th Street (Mayor) Mayor Shaughnessy explained that the request to close Beach Avenue to through traffic had been made by a resident who indicated he enjoyed the recreational nature of the street. The Mayor asked for a motion and since no motion was made, the Commission took no action on the request. B. Action on Suggested Language for Insurance and Hold Harmless Requirements in Contracts for Long Term Use of City Facilities (Mayor) Motion: Approve staff recommendation 1 as listed in the memo from Human Resource Manager George Foster dated October 20, 1998. (The memo is attached and made part of this official record as Attachment B). Commissioner Bomo believed the city should not place a stringent burden on not-for-profit organizations with the proposed requirements. Commissioner Mitchelson concurred, but stated he did not believe there was a f racial hazdship beca•.rse no organization came forwazd to present financial data indicating it would be a burden. Commissioner Meserve stated that he did not know what the impact would be and he would like a report from the insurance company as to the costs involved. He further stated he did not want to put anyone out of business as a result of the requirements and he needed additional information concerning the impact for "long term" and "short term" users of the facilities. Mayor Shaughnessy agreed and stated she also would like additional information. There was no further discussion and the motion failed by a four to zero vote with Commissioners Bomo, Mitchelson and Meserve and Mayor Shaughnessy voting nay. OMMLSSIONERS M O T I O N S E C O N D Y E S N O BOItNO X X MESERVE X X MITCHELSON X SHAUGNNESSY X MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON TUESDAY, OCTOBER 26, 1998 PRESENT: Suzanne Shaughnessy, Mayor Mike Botno John Meserve Theo Mitchelson, Commissioners AND: James Jarboe, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney ABSENT: Richazd Beaver The meeting was ca a to or er y ayor aug essy a p.m. e Invocation was offered by Commissioner Bomo, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held October 13, 1998. The Mayor asked for corrections or amendments to the minutes. Commissioner Mitchelson requested that the minutes be amended to reflect that he was the sponsor of Item 7B, by striking through Commissioner Meserve and inserting Commissioner Mitchelson. Motion: Approve minutes of the Regular Meeting held October 13, 1998 as amended. The minutes were unanimously approved as amended. 2. Recognition of Visitors: A. Alan Potter of 374 Second Street commented on a memo from the City Manager dated October 9, 1998, concerning the capacity of the Buccaneer Wastewater Treatment Plant. He felt that the capacity was available, and the city should operate its utilities as a business and provide the requested service. The referenced memo is attached and made part of this official record as Attachment A. B. J.P. Marchioli of 414 Sherry Drive stated he was surprised to team the city had a Y2K Committee and was pleased to know the city was taking a proactive position concerning the potential problem. V V O O T T E E S S M S O E T C 1 O Y O N E N COMMISSIONERS N D S O BORNO X X MESERVE X MITCHELSON X X SHAUGHNESSY X J ,, Page Two AGENDA November 9, 1998 B. Authorize the Mayor to sign on behalf of the City of Atlantic Beach, a Fotu-Party Agreement with the City of Jacksonville, City of Neptune Beach and Town Center Agency for streetscape improvements along Atlantic Boulevard, First Street, and Ocean Boulevard, Duval County, Florida (Mayor) C. Discussion and possible action on use of city rights-of--way by Peoples Gas (City Manager) D. Authorize current lifeguard salaries to remain in effect indefinitely (City Manager) E. Discussion and related action relative to Teen Council (City Clerk) 9. City Manager Reports and/or Correspondence: A. Report and related action relative to providing water and sewer service to Mayport Nava! Station 10. Reports aad/or requests from City Commissioners, City Attorney and City Clerk Adjournment If any person decides to appeal any decision made by tbe City Commission with respect to aay matter considered at any mating, such person mry aced a record of the pmceedmgs,and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall inch~de the test®ony and evidence npcm which the appeal is to be based. Any pe~soa wivhing to speak to the City Commission on any maner u this mating should submit ^ request to the City Clerk prior to the mceting. For your convenience, forms for this purpose are rvailabk at the entrance to We Commissiw Chambers. lu accordance with the Americans with Disabilities Act and Section 286.26, Florida Sututes, persons with disabilities Hooding special accommodation to participate in this meeting should contact the City Cleric by 5:00 Plvi, Fridry, November 6, 1998. ~ w CITY OF ATLANTIC BEACH COMMISSION MEETING -November 9, 1998 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commiss}on Meeting of October 26, 1998 2. Recognition of Visitors: 3. Unfinished Business: 4. Consent Agenda: ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WII,L BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of new occupational licenses issued in the month of October, and monthly reports from Building, Code Enforcement, and Recreation Departments (City Manager) 5. Committee Reports: 6. Action on Resolutions: A. Resolution No. 98-39 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 (Mayor) Action on Ordinances: A. Ordinance No. 90-98-167 -Reschedule continued public hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ZONING AND SUBDMSION REGULATIONS, SECTION 24-17, DEFINITIONS, AND SECTIONS 24-104, 105, 106 AND 107, RESIDENTIAL DISTRICTS, TO LIMIT LOT COVERAGE IN RESIDENTIAL DISTRICTS TO FIFTY PERCENT (50%), AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) 8. New Business: A. Authorize the Mayor to sign the Certiflcate of Acceptance for Anti-Drug Abuse grant in the amount of $13,680.00 (City Manager) comprising of 3-300,000 gallon quiescent sepazation tanks, physical-chemical treatment, dissolved air flotation, and carbon filtration. The off base housing area includes 4000 feet of gravity sewers force main with one (I) pump station. Sewer service is currently provided by the City of Atlantic Beach. Should privatization occur, the ownership of the entire systems including all operating responsibility shall be transferred to the new owner. All responsibility for maintaining reliable service, including (but not limited to) such items as environmental compliance and permits, maintenance, major system renovations, construction, equipment, manpower, and overhead costs shall become the new owner's responsibility. Our reseazch indicates your company holds a franchise for these azeas. This office would like to discuss with you the possibility of transferring our system infrastructure to your service azea. If you aze interested in opening these discussions, please respond in writing with a point of contact by 20 November 1998. A one or two page letter is sufficient at this time. If you aze interested, a site visit and pre-proposal conference will be held at a later date to define in detail the scope and nature of this facility for you to gain additional information for preparing a proposal. If you require additional information, please call Catherine Wilber at (843) 820- 5698. Ralph A. Peters Contract Specialist Utilities/Energy Services Branch Copy to: CO NS Mayport PWO NAS JAX CINCLANTFLT, CDR LARRY VAN DESSEL Code 300, PWC, NAS JAX _, DEPARTMENT OF THE NAW 6ourN6lw onnooN NAVAL FACxR1E3 E/101Nfl111110 CdYµp P.O. lCX IYWIO 2136 EAOIE dVVE NCN7/1 CNARL26Tp1, 0.C. 2N12i010 CERTIFIED MAIL-RETURN RECEIPT REQUESTED City of Atlantic Beach ATTN: Mr. James Jazboe 800 Seminole Road Atlantic Beach, FL 32233-5445 Gentlemen: -~ -a A98 11310 0234RP 23 October 1998 The Department of the Navy requires safe, reliable, modem, and economical utility services. Utility ownership, operations, and maintenance aze neither core functions of the Navy/Marine Corps nor inherently governmental. For these reasons, the Department of the Navy is exploring the potential of transferring permanent ownership (privatization) of the water and wastewater utility systems at Naval Station Mayport. The following is provided only to give an approximation of the size and general description of each system. Any numbers aze only estimates. NAVAL STATION MAYPORT WATER Potable water at NS Mayport is supplied by four (4) deep wells and is Veated on site by aeration and chlorinated at each storage tank. The water plant operates under St. John's Water Management District Consumptive Use Permit 2-031-0029UGRM. There are 336,000 feet of water mains two (2) ground level tanks (one 2 MG and one 0.5 MGD). There are 220 back flow prevention devices being maintained in the distribution system. The off base housing azea includes 4000 feet of water lines but no storage capacity. The City of Atlantic Beach provides water service. WASTEWATER The wastewater collection system is comprised of 150,000 feet of gravity sewer and force main with 24 pump stations. The wastewater is treated at a 2 MGD complete mix activated sludge plant consisting of automatic bar screen grit removal system, flow splitter box, flow equalization basin, secondary clarification, aeration basins, aerobic digesters, sludge drying beds, chorine contact chamber with dechlorination. The dischazge is by gravity to the St. John's River. There is a .288 MGD oily waste pretreatment facility JAMES FLETCHER, PH.D., PA. I.~cFriseo Psrcxowctsr, trc. PY0004753 482 Jecxsorrv~ue Drove Jecxsorrv~ue Bey, FL 32250 (909)247.3600 Fnx (904) 247-4926 October 29, 1998 Suzanne Shaughnessy, Mayor Atlantic Beach, FL 32233 Dear Mayor Shaughnessy: I recently read in "Tide Views" where you are attempting to resurrect a "Teen Council". That is a terrific idea. I'd like to volunteer! Being a child psychologist, I thought it might be an area where I could serve our community. I've also convinced a couple of my colleagues to help. In particular, I was thinking of an event to kick things off and see if there is sustained interest. I do family ropes course events, and I thought this might be a fun activity for teens and their families. Please let me know howl can help. JF/pkl w ~~. 11-~9 - 9S CITY OF ~tla.rtle ~eaels - ?lealdez B00 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-3443 TELEPHONE 1903) 247-3800 FAX (904) 237-3803 SUNCOM 832-3800 November 5, 1998 To: The Honorable Mayor and City Commissioners From: Maureen King, City Clerk Subject: TEEN COUNCIL As you know an article was published in the September issue of the Tide Views soliciting responses from teenagers interested in participating in a Teen Council. So far we have received nine responses from teens within the municipal boundaries and one outside the city. One parent has expressed an interest in helping out. I have also attached a copy of a letter received from James Fletcher, Ph.D. offering his assistance. This matter is on the next agenda for Commission consideration on Monday night. Minutes Page -7- 3uly 27, 1998 There being no further discussion, the motion carried unanimously. E. Authorize the Mayor to Execute the Amended Contract with JEA for Sewer Service to Mayport Village (Mayor) Motion: Authorize the Mayor to Execute the Amended Contract with JEA for Sewer Service to Mayport Village. There was no discussion and the motion carried unanimously. At this point in the meeting Item 6A was taken out of sequence and acted on. 6A. Resolution No. 98-25 Expressing Appreciation and Gratitude to Atlantic Beach Firefighters for Their Service During the Recent Wildfires in Volusia County (City Commission) Motion: Adopt Resolution No. 98-25. Mayor Shaughnessy read in its entirety Resolution No. 98-25 expressing praise and gratitude to the Atlantic Beach Firefighters for their service during the recent Volusia County wildfires. Mayor Shaughnessy presented the framed document to the Firefighters. There was no discussion and the motion carried unanimously. F. Report and Related Action in Connection with Flooding on Atlantic Boulevard at the Sea Turtle (Mayor) Mayor Shaughnessy explained the problem as it exists in the area between the Sea Turtle Inn and the Neptune Beach Lifeguard Station. Motion: Authorize the City Manager to get with the City Manager of Neptune Beach and come back to us with a plan for a suitable ramp as a stop gap measm•e to solve the problem of access through the area and still allow ingress/egress of emergency vehicles. Mayor Shaughnessy stated she had observed the seawall at the Sea Turtle and OMMISSIONERS M O T I O N S E ~` d N D Y E S N O BEAVER BORNO MESERVE MITCHELSON SHAUGHNESSY BEAVER BORNO X MESERVE X MITCHELSON X SHAUGHNESSY BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -6- July 27, 1998 make a recommendation concerning the same. Motion: Defer action and request alternate solutions to be presented for consideration and possible action at the next regularly scheduled Commission Meeting. Commissioner Bomo inquired if there was a Homeowners' Association at the Island Club and was told there was none. City Manager Jarboe requested public input for a possible solution. Mayor Shaughnessy asked Mr. O'Brian to poll the homeowners at the Island Club to see if there was interest in purchasing or leasing property from the city for pazking. There being no further discussion, the motion carried unanimously. t. Report and Related Action in Connection with CompensationBonus for Lifeguards (Mayor) Motion: Increase salaries 6%, to be effective July 6, 1998, for Atlantic Beach Lifeguards who are currently in their third year or more of full-time service. Comissioner Meserve commented that the lifeguards were not paid a lot and did not receive COLA's and he favored the increase. Commissioner Beaver concurred and praised their handling of a recent incident on the beach. Mayor Shaughnessy commented that she wanted budget requests held to a minimum prior to the budget process and inquired as to why the request was being made now. Public Safety Director Thompson stated that the funding was already in the budget, the lifeguards were highly trained and deserved an increase in wages. Mayor Shaughnessy inquired if the increase should be retroactive to the beginning of the season, and Chip Drysdale, Lifeguazd Captain, stated there would not be enoug}, money in the budget if the increase was granted retroactive to the beginning of the season . It was the consensus of the ommission to make the increase retroactive to July 6, 1998. OMMISSIONERS M O T I O N S E C• U N D Y E S N O BEAVER X BORNO X MESERVE X MITCHELSON X X SNAUGHNESSY X X BEAVER BORNO MESERVE MITCHELSON SHAUGHNESSY REVIEWED BY CITY MANAGER: AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Lifeguard Pay Increase SUBMITTED BY: David E. Thompson, Director of Public Safety DATE: July 20, 1998 BACKGROUND: At the last City Commission Meeting, a request For approval was presented for the City Commission to consider a 6% increase in pay for Atlantic Beach lifeguards with more than two (2) years of full-time service. At that time, concern was expressed for the compounding effect of pay raises over time. An increase at this time may be compounded by a Cost of Living Adjustment (COLA) in October, and so on into the future. At that time, staff was directed to bring back a plan for a bonus package that would provide the additional pay as appropriate, but would not lead to an ongoing increase in salaries and expenses. A review of the pay history for lifeguards helps to allay the concern for compounding pay increases. Traditionally, lifeguards have not received Cost of Living Adjustments along with other City members. Lifeguards are seasonal employees, and they have not enjoyed the COLAs that are common to full-time, non-seasonal members of the City workforce. Absent a change in policy, the lifeguards will not receive any additional increases to their pay with the rest of the City staff. For this reason, providing the requested increase in pay will not lead to a compounding effect on the pay scale through COLAs unless the City Commission specifically takes action on their behalf. Additionally, the funding source for this additional pay may be of some question. Why can the lifeguards afford to pay this additional money out of their existing budget if they budgeted correctly? This is explained by the [nterlocal Agreement which authorizes an increase from Jacksonville to Atlantic Beach Lifeguards at an increase of 3% per year. Last year, the additional 3% from Jacksonville was added to the salaries, but no increase in pay was authorized. This additional funding will cover the proposed increase as the City received the 3% increase for all lifeguards; however, not all lifeguards will receive the 6%pay increase/bonus. [f the City Commission wants to provide a bonus rather than a direct pay increase for lifeguards, then this can be done on a bi-weekly basis consistent with their pay schedule, but it would have the understanding that it is temporary. Any long termed increase would be deferred to a future date, perhaps with the budget cycle. The City also has the option to include the lifeguards in the COLAs that are provided to non-seasonal employees, which would be a change in existing policy. RECOMMENDATIONS: We recommend the approval of a 6% bonus in the hourly rate of pay for Atlantic Beach Lifeguards who are currently in their third year or more, of full-time service to the Atlantic Beach Patrol, effective 7/6/98. Such bonuses will not be extended past the end of the 1998 season unless specifically approved by the City Commission at a future date. RECOMMENDATIONS: We recommend the approval of a 6% increase in pay for lifeguards that are in their third year, or more, with the Ciry of Atlantic Beach Patrol, effective upon your approval. ATTACHMENTS: Copy of Letter to the editor from the Beaches Leader Memo from Chip Drysdale, Chief of Beach Patrol REVIEWED BY CITY MANAGER: AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF MEETING AGENDA ITEM: Lifeguard Pay SUBMITTED BY: David E. Thompson, Director of Public Safety DATE: July 3, 1998 BACKGROUND: Please see the attachments. Atlantic Beach Lifeguards aze among the most qualified lifeguards in the State and in the Country. When Atlantic Beach Patrol made major changes to its lifeguard operations approximately ten (10) years ago, it established itself as one of the most highly qualified and professional organizations of its kind. Since that time, it has consistently led the way for innovative ways to keep costs to a reasonable level while assarinN the hfohest level of ~?rvice in our area. Consistently, Atlantic Beach has been fortunate to have dedicated peor!e who return year-after-year to provide stability, leadership, and experience for the citizens of Atlantic Beach. When the major changes were made in the past, Atlantic Beach Lifeguards committed to higher standards of emergency medical care while working more hours per day per lifeguard th~.n the surrounding agencies. The scheduling kept the number of lifeguards to a minimum. As a result, P.!!d~iic Beach was able to pay the lifeguards more money :l.an the other agencies, while keeping the overall costa to an acceptable level. At the same time, Atlantic Beach t+:ovided a higher level of protection for its citizens. The experienced lifeguards in Atlantic Beach provide a great deal of knowledge, expertise, and experience. However, their pay does not reflect their additional contributions to the City. For this reason, the Lifeguard Captain has recommended a 6% pay increase for senior lifeguards (those who aze in their third year or more as Atlantic Beach Lifeguards). The total cost for this increase is estimated at $2,500, and the Lifeguard Captain believes that this can be absorbed in the existing budget. This year we have an unusually large number of "new" guards, and this should keep the overall costs low while recognizing the additional contributions that are made by the experienced guards. i~_8pg8 STAFF REPORT CITY OF ATLANTIC BEACH CITY STAFF REPORT AGENDA ITEM: Lifeguard Salaries DATE: November 2, 1998 SUBMITTED BY: David E. Thompson Director of Public Safety BACKGROUND: Please see the attachments. On July 27, 1998, the City Commission approved a 6% salary increase for Atlantic Beach Lifeguards who were in their third yeaz or more as full-time lifeguards in Atlantic Beach. The staff recommendation was to approve the pay increase for the rest of the 1998 lifeguard season, with the understanding that we would bring the matter back before the City Commission for the 1998-99 fiscal yeaz. However, the actual motion did not include any language limiting the salary increase or requiring the matter to be revisited. To assure that the City Commission is informed relative to this issue, this matter is being placed on the agenda for their review and approval. RECOMMENDATIONS: We recommend the approval of the July 27, 1998 increase in lifeguard salaries to remain in effect indefinitely until changed through the appropriate processes including City Commission approval. ATTACHMENTS: Staff Reports from July 1998 Copy of the minutes from the City Commission Meeting July 27, 1998 REVIEWED BY CITY ~~(~/ MANAGER: ` .~ AGENDA ITEM NUMBER: FILE t1b. 896 1104 '98 1857 ID~TECO L.EGAt. DEPT 813 228 1328 PA6'E 2 PEOPt,.ES GAS City Coromission City of Atlantic Beach, Florida c/n Alan Jensen, City Attorney 935 No. 3rd Street Jacksonville, Fl. 32250 VIA FAX: 904-24G-9964 November 4, 1998 Re: Peoples Gas System: Permission to place gas line in Ciry Right of Way Pear Commissioners: Thank you for your assistance and cu-operution in facilitating the extension by Peoples Gas System("Peoples") of a gas line Lor service to the U.S. Navy facilities at Maypon. This extension also may make gas service nos5tible within areas of Atlantic Beach. We wish to confine otu understanding of the arrangements necessary to permit use of the City's rights ofway. First, that the City grants permission to Peoples to install [hc line to the Navy base witlti:..1tc City rights ofway, tryon application to the City Manager for petmiu. Second, in consideration of this permission, Peoples agrees to indemnify the City against claims for loss, harm or damage arising from any negligent act or omission of Peoples with regard to constntction or operation of the line. Finally, that Peoples will negotiate in good taitlt with the City to obtain a franchise whereby Peoples cotdd make gas service avai~ablc at its tariff rates within those parts of the Ciry where it is feasible to do so. Please let us know if anything further is necoss.•uy before permits aze applied for. Very truly yours, Peoples Gas System, a division of Tam a Electric Cot pany By: ~ J ouse o der Vice-President, Sales and Marketing ec: James R. Jarboe, City Manager City of Atlantic Beach, J7orida (Via fax: 904-247-5805) PCpPLEB OA9 iJ2 r.O RT,+ rRwr.~KLln BTR[R P O. BO% 2562 101 ]I 29]•OO7n TAMPA, fl ]]601-2~OZ IA% IRlll i-/1-0000 AM fp uAL OPPO RTUwITV COrn PA rw r1TTP:1rv+ww.T[eo [wf RO V.COr+ _.FILE No. 896 11104 '98 18:57 ID:TECO LEGAI. DEPT 813 228 +'~ Il-vq-9~ FAx T~vSMISSION TECO Elv>:acv,lnc. POa~ OFFlGL 90x 1 I I Tu1P~. FL. 33901-0 1 1 I 9 I J/229• 1905 Fwk: 913/229-1 326 To: Alan Jensen, Esq. bite: November 4, 1998 City Attorney City of Atlantic Beach, Florida Fu #: 904-246-9964 PaQee: Two, including this cover sheet. From: Jim Estes Senior Corporate Counsel SnDject: Atlantic Beach R.O.W. Permits for Pcoplcs Gas COMMEIv'TS: ^"`'` 1 Alan: Thank you for your assistance. As I explained, Peeples Gas System is a regulated natural gas utility and is a division of Tampa Electric Company. Attached is the request and indemnity we discussed by telephone earlier this aRemoon. L appteciste your putting this on the Commission's agenda for next Monday's meeting. Rick Stuart of Peoples has spoken with Mr. Jarboe about this request oral I am therefore sending him •r copy of this letter. Please let me Imow what else may be necded~^ cc: James R. Jarboe (904-247-5805) Rick Stuart(850-872190) 11/2/98 IN COMPLIANCE with the Chartec of the City of Jacksonville, I hereby certify that there is an unexpended, unencumbered and unimpounded balance in the appropriation to cover the foregoing contract, and provision has been made for the payment of monies provided therein to be paid. Director of Administration & Finance Form Approved: Assistant General Counsel -10- I t/v9a this Agreement. This prohibition shall apply to all contracts or subcontracts in connection with the Public Improvements. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and yeaz first above written. ATTEST: By: LINNIE C. WILLIAMS CORPORATION SECRETARY CITY OF JACKSONVILLE BY: JOHN A. DELANEY MAYOR ATTEST: By: MAUREEN KING Its: CITY CLERK ATTEST: sy: CITY OF ATZANTIC BEACH By: SUZANNESHAUGHNESSY MAYOR CITY OF NEPTUNE BEACH By: GEORGE F. VAUGHN, JR MAYOR (Print Name) ATTEST: sy: ELAINE KINNEY Its: VICE PRESIDENT TOWN CENTER AGENCY By: DESMOND WATERS Its: PRESIDENT -9- 11,7J98 5.5 No waiver by any party at any time of any of the terms, conditions, covenants, and agreements herein, or of any default, shall be deemed or taken as a waiver at any time thereafter of the same or any other term, condition, covenant or agreement herein contained, nor of the strict and prompt performance thereof. ~.d itus W~itracl consiimces rile entire present agreement between JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, and TOWN CENTER. No change in, modification of, or supplement to this Contract shall be valid or enforceable unless it is enacted in writing and signed by the duly authorized representatives of JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, and TOWN CENTER. 5.7 The use of the singular in this Contract shall include the plural and the pronouns shall be considered as masculine, feminine or neutral in gender wherever the context so requires. 5.8 Prior to project completion and expiration of Contractor's warranty period, a sepazate Tri-Party Agreement between ATLANTIC BEACH, NEPTUNE BEACH, and JACKSONVILLE shall be executed which clearly defines each City's maintenance responsibilities for the Public Improvements constructed hereunder. SECTION 6 INTEREST OF MEMBERS, OFFICERS OR EMPLOYEES OF TOWN CENTER, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIAL 6.1 No member, officer or employee of TOWN CENTER, or its designees or agents, no member of the governing body of the locality in which the Public Improvements aze situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one yeaz thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Public Improvements constructed and funded under -8- 11!2198 construed az creating any personal liability on the part of any officer or agent of JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, or TOWN CENTER, nor shall it be construed az giving any right or benefit hereunder to anyone other than JACKSONVILLE. ATLANTIC BEACH, NEPTUNE BEACH, TOWN CENTER, their successors and assigns. 5.2 For the purposes of this Agreement, there shall be formed a Proiect Oversi¢ht Committee consisting of the following members: Mayor John Delaney Mayor Suzanne Shaughnessy Commissioner Mike Bomo Sam E. Mousa, P. E.; Director of Public Works Lyman T. Fletcher Rene Schiegg, General Manager Mayor George F. Vaughn, Jr. City Councilman Dick Brown Councilor Bob Shimp Desmond Waters Allen Majefski Thomas Dumas Jacksonville, Florida Atlantic Beach, Florida Atlantic Beach, Florida Jacksonville, Florida Town Center Agency Sea Turtle Hotel Neptune Beach, Florida Jacksonville, Florida Neptune Beach, Florida Town Center Agency Town Merchants, Inc. P. I. N. E., Inc. The Proiect Oversieht Committee (POC) shall retain control over all azpects of the Public Improvements including, but not limited to, plans development and preparation, scheduling, budgetary matters, landscape and streetscape materials, issues design and construction management, etc. The POC shall meet periodically during the progression of the Public Improvements to ensure mutually satisfactory decisions are reached or problems resolved to the collective benefit of all members and parties. 5.3 All parties agree to comply with all applicable laws, Hiles and regulations, federal, state and local, in its performance under this Contract and its implementation. 5.4 TOWN CENTER represents and guarantees that to the best of its knowledge and belief: (a) it is currently in good standing trader the laws of the State of Florida; and (b) the persons executing this Contract aze duly authorized to execute this Contract on behalf of TOWN CENTER and TOWN CENTER has authority to enter into this Contract. -7- 11/2/98 3.12 The address of NEPTUNE BEACH for the purposes of communications relating to this contract shall be as noted above (contract person: Mavor Geor¢e Vau¢hn or desieneel. 3.13 The address of TOWN CENTER for the purposes of communications relating to this contract shall be as noted above (contact person: Desmond Waters or desi¢neel. SECTION 4 DEFAULT AND REMEDIES 4.1 A default shall consist of the breach or anticipatory breach of any covenant, agreement, representation, provision, or warranty entered into between JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER relating to the Public Improvements. If a default, breach or anticipatory breach occurs, the party not in default may, at any time or from time to time, proceed to enforce its remedy under this Contract by suit in equity, action at law or by any other appropriate proceeding for damages or other relief, or proceed to take any action authorized or permitted under applicable laws or regulations. No party shall act upon any default until it has given the party in default written notice of the default and ten (i 0) days within which to cure the default. SECTION 5 GENERAL PROVISIONS 5.1 JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER each bind the other and their respective successors and assigns in all respects to all of the terms, conditions, covenants and provisions of this Contract, and any assignment or transfer by "TOWN CENTER of its interest in this Contract without the written consent of JACKSONVILLE, ATLANTIC BEACH, AND NEPTUNE BEACH shall not be binding upon JACKSONVILLE, ATLANTIC BEACH, AND NEPTUNE BEACH. Nothing herein shall be -6- 11!2/98 3.5 ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER may, at any time, up to and including one yeaz after the completion of the construction of the Public Improvements, review or have audited, at their expense, the books and records of JACKSONVILLE regazding the cost of the Public Improvements. If the review or audit reveals that ATLANTIC BEACH, NEPTUNE BEACH, and/or TOWN CENTER paid more than its share of the cost of the Public Improvements, ATLANTIC BEACH, NEPTUNE BEACH, and/or TOWN CENTER shall provide to JACKSONVILLE such information as is necessary to show that ATLANTIC BEACH, NEPTUNE BEACH and/or TOWN CENTER overpaid the cost of the Public Improvements, and JACKSONVILLE shall thereafter promptly refund the cost of any overpayments. 3.6 TOWN CENTER shall contract directly with the Landscape Architect for its services; however, the design contract will be administered by JACKSONVILLE'S Department of Public Works in consultation with the other three (3) parties to this Agreement. 3.7 Construction will be administered by JACKSONVILLE'S Department of Public Works, Engineering Division. 3.8 All parties shall be represented in matters dcaimg with the Landsca, a Architect by JACKSONVILLE'S Department of Public Works Project Manager. 3.9 All parties shall inspect and approve all work as final. 3.10 The address of JACKSONVILLE for the purposes of communications relating to this contract shall be as noted above (contact person: Mavor John Delaney or designee). 3.11 The address of ATLANTIC BEACH for the purposes of communications relating to this contract shall be as noted above (contact person: Mavor Suzanne Shau¢hnessv or designee). -5- 1 I/7J98 3.3 Should the actual final total cost of the Public Improvements be less than 5725,000.00, the difference will be proportionately refunded as follows: JACKSONVILLE: 44.83% ATLANTIC BEACH: 22.41% NEPTUNE BEACH: 22.41°io TOWN CENTER: 10.35% TOTAL: 100.00% 3.4 ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER, on or before the date of the advertisement for bids for the constmction of the Public Improvznterts, will deposit with JACKSONVILLE its estimated shaze towazd the total costs of the Public Improvements as identified in Section 3.2 hereof, and these amounts shall be used exclusively for costs incurred, including change orders, during the course of the construction of the Public Improvements. If thereafter, during the course of conswction, additional amounts beyond those deposited aze identified for change orders as necessary to conform to sound engineering and construction requirements, and aze necessary to pay for the Public Improvements, JACKSONVILLE will provide ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER with a copy of such proposed change order(s), and all four parties must concur; and within ten (10) days afrer such copy is provided, ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER will pay proportional additional amounts to JACKSONVILLE which will be used to pay for cost overruns in connection with the Public Improvements in the following percentages: ATLANTIC BEACH - 22.41%; NEPTUNE BEACH - 22.41%; TOWN CENTER -10.35%; and JACKSONVILLE - 44.83%. -4- 11/IJ98 SECTION 2 FUNDING 2.1 The four parties agree to beaz the full costs of the Public Improvements according to the Plans and Specifications prepazed by the Landscape F.rchitect, and approved by all four patties, including, but not limited to, design, construction, inspection, contract administration, construction testing, permit fees, etc. SECTION 3 OBLIGATIONS 3.1 The payment schedule shall be based on an estimated total project cost of $725,000.00, as determined from preliminary design services by the Landscape Architect. Plans and Specifications shall be prepazed such that construction bids are expected to approach, but not exceed, $725,000.00, less known design fees and anticipated contract administration and testing fees. 3.2 Financial participation for the design, construction, contract administration, construction testing, and any and all other costs, including contingencies, of the Public Improvements by the four parties shall be as follows: JACKSONVILLE: $325,000.00 ATLANTIC BEACH: $162,500.00 NEPTUNE BEACH: $162,500.00 TOWN CENTER: $75,000.00 TOTAL: $725,000.00 -3- t ln~a WHEREAS, the construction work shall be performed by a contractor awarded the project in accordance with Part 2, Section 126, Purchasing Code of the City of Jacksonville; and WHEREAS, some of the reasons for undertaking a coordinated project involving the Public Improvements include cost sharing, improved roadways, and improved conditiurs; and WHEREAS, the plans will be prepazed by the Landscape Architect in such a :.'ay t`tat construction costs will not exceed the Public Improvement's budgeted funds; and WHEREAS, JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER desire to set forth their agreement regarding the design, construction and payment for the Public Improvements. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER agree as follows: SECTION I DEFINITIONS 1.1 "JACKSONVILLE" means the Consolidated City of Jacksonville, Florida. 1.2 "ATLANTIC BEACH" means the City of Atlantic Beach, Florida. 1.3 "NEPTUNE BEACH" means the City of Neptune Beach, Florida. 1.4 "TOWN CENTER" means the Town Center Agency. 1.5 "COUNCIL" means the City Council of the Consolidated City of Jacksonville, Florida. 1.6 "PUBLIC IMPROVEMENTS" means capital improvements consisting of certain road and streetscape improvements along portions of Atlantic Boulevazd, First Street, and Ocean Street, all located in Atlantic Beach and/or Neptune Beach. 1.7 "LANDSCAPE ARCHITECT" means R. Glen Mitchell & Associates, Inc. -2- 11/?J98 FOUR-PARTY AGREEMENT BETWEEN CITY OF JACKSONVILLE CITY OF ATLANTIC BEACH, CTI'Y OF NEPTUNE BEACH AND TOWN CENTER AGENCY FOR STREETSCAPE IMPROVEMENTS ALONG ATLANTIC BOULEVARD, FIRST STREET, AND OCEAN STREET DUVAL COUNTY, FLORIDA THIS AGREEMENT ,made and entered into in quadruplicate as of this day of 1998, by and between the CITY OF JACKSONVILLE, a municipal corporation, located at 117 West Duval Street, Suite 400, Jacksonville, Florida 32202, hereinafter referred to as "JACKSONVILLE"; the CITY OF ATLANTIC BEACH, a municipal corporation, located at 800 Seminole Road, .9tlantic Beach, Florida 32233, hereinafter referred to as "ATLANTIC BEACH' ;the City of Neptune Beach, a municipal corporation, located at 116 First Street, Neptune Beach, Florida 32266, hereinafter referred to as "NEPTUNE BEACH"; and Town Center Agency, aNon-Profit Organization, whose address is 1835 Seminole Road, Atlantic Beach, Florida 32233, hereinafter referred to as "TOWN CENTER"; WITNESSETH: WHEREAS, JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, AND TOWN CENTER hereby enter into an agreement regarding the coordination of design and construction of, and payment for, certain road and streetscape improvements for portions of Atlantic Boulevazd, First Street and Ocean Street (the rights-of--way of which aze recorded in the Official Records of Duval County, Florida), hereinafter referred to as the "Public Improvements;" and WHEREAS, the four parties agree that the Landscape Architectural firm of R. Glen Mitchell & Associates, Inc., will be engaged to prepaze plans and designs for the construction of the Public Improvements; and -1- Equal Opporhmity Employer DEPARTMENT OF PUBLIC WORKS Office of the Director November 2, 1998 Honorable Suzanne Shaughnessy Mayor, City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 SUBJECT: FOUR PARTY AGREEMENT TOWN CENTER PROJECT Dear Mayor Shaughnessy: Transmitted herewith, for your information, is the final version of the subject Agreement which has been revised to incorporate all comments and concerns of each of the four parties involved. This Agreement is presently going through our legislative process in the City Council, and we are hopeful that final passage will occur on December 8, 1998. Please call me at 630-1665 if I can provide any additional information or if you have any questions. Sincerely, ~~ Sa . Mousa, P. Deput Chief Administrative Officer/ Director of Public Works SEM:dms Attachment: Four (4) Party Agreement saw i ~ i I r AREA CODE 904 / 630.160 / 220 E. BAY STREET /JACKSONVILLE, FLORIDA 32202 To: Honorable Members of the City Commission Mr. Jarboe, City Manager From: Mayor Shaughnessy Re: Town Center ageement Date: 4 November 1998 I 1 ° 098 48 u ~ ~ FA's The attached agreement arrived in the mail at City Hall today from Public Works Duector Sam Mousy. He has incorporated comments from Atlantic Beach City Attorney Alan Jensen, and from the Neptune Beach Council Meeting held last Monday night. It is on our agenda for Monday, November 9 for Commission approval. Will you please call Mr. Mousa at 630.1620 with any questions you may have, or any comments you may wish to have incorporated. The goal is to have an agreement for Monday night in a form acceptable to all parties for approval that night. Mr. Mousy can incorporate your comments into the agreement if you call and give him a chance to make the changes. After approval by Atlantic Beach, Neptune Beach, and the Town Center Agency, the agreement will be presented to the Jacksonville City Council for approval. Mr. Mousy will be presertt at our November 9 meeting to answer your concerns, but would like to have them in advance of the meeting if possible. It will take several weeks for this to work its way through the Jacksonville City Council and its various committees, and there is a general desire to keep this process on track so that the project may begin in June when const[uction will have the lease negative impact on the Town Center businesses and merchants. r NOTICE OF PUBLIC HEARING CITY OF ATLANTIC BEACH Notice is hereby given the continuation of the public hearing on ORDINANCE NO.90-98-167 TO AMEND CHAPTER 24, ZONING AND SUBDMSION REGULATIONS, SECTION 24-17, DEFINITIONS, AND SECTIONS 24-104,105,106, AND 107, RESIDENTIAL DISTRICTS, TO LIMIT LOT COVERAGE IN RESH)ENTIAL DISTRICTS TO FIFTY PERCENT (50%), will not take place on November 9,1998, as previously announced. This continued public hearing will be rescheduled at the regularly scheduled meeting of the City Commission on Monday, November 9,1998. Posted I1-S-98 ._. r~-o Aq8 STAFF REPORT AGENDA ITEM: Ordinar~ce No. 90-98-167 SUBMITTED BY: George Worley [I, Community Devebpment Director ~~~G~. DATE: November 3, 1998 BACKGROUND: District, was needed before a recommendation could be made by the Board. The City Commi.~.sbn adopted Ordinance Number 90-98-157 on Srst reading az the October 13th meeting and forwarded it to the Community Devebpment Board for a review and recommendation. The Board met on the 27th of October and received a brief presentation by Commissioner Mitchelson, the originator of the ordinance. The Board discussed both the 50% bt coverage limit proposed in the ordinance as well as the "grandfather" provision. Questions were asked of Commissioner Mitchelson regarduut the proposed 50% and how that percentage was arrived az. The Board debated the economic and functional impact ofthe proposed percentage verses higher or bwer percentages. After discussion it was the consensus of the Board that additional information from other agencies, such as the St. Johns River Water Management RECOMMENDATION: A motion was made and unanimously approved by the Board to request the City Conunissbn to defer final action on this ordinance until the Board can complete its review with the additional information. Continuation of this review has been placed on the age~a of the Community Devebprnent Board meeting of November 17, 1998. Based upon the motion made by the Board, the Public Hearing woukl need to be continued to the City Commission Meeting of November 23, 199$. REVIEWED BY CITY MANAGER: i , AGENDA ITEM NO. ~R ~l- U4°98 RESOLUTION NO. 98 - 39 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,1998 AND ENDING SEPTEMBER 30,1999 WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfer at the fiord level, and WHEREAS, the nature of budgetary systems and those day to day decisions affedmg such budgetary systems require adjustments from time to time. NOW, THEREFORE, BE IT RESOLVED by the City Commission ofthe City of Atlantic Beach, that the following Budget Modification be approved for the 1998-1999 Operating Budget. Expenditures: Public Works -Streets Division Improvements Other Than Buildings 001-5002-54i-63-00 87,500 Description: To amend the 1998-1999 Amual Budget to fiord the Atlantic Beach portion of the Town Center joint project. The total cartribution to the project 5162,500. The approved budget contained 575,000 Adopted by the City Commissicn this 9th day of November, 1998. Approved as to form snd correctness: Alan C. Jensen, Esquire City Attorney Suzanne Shaughnessy Mayor /Presiding Officer ATTEST: Maureen King, Certified Municipal Clerk „-v9 -y8 CITY OF ~'~tlad~c b'eacls - ~loaida 7I60CEAN BOULEVARD P. O. BOX 26 ATLANI7C BEACH. FLORmA 92233 'TELEPHONE 1904124&2396 November 2, 1998 To: Tim Jarboe, City Manager ~ From : Timmy Johnson, Recreation Director Re: Usage Report, Community Center, October, `98 Sm, here is a recap of activity at the Adele Grage Community Center for the month of Oaober, 1998. Group/Event # Mtgs/Events # People %Total Use THEATER (Room A) ABET Set Bldg./Performances Rehearsals and Workshops 27 305 66 Narcotics Meeting 4 L00 21 Leleche 1 20 4 Receptions 1 40 9 TOTALS 465 100% MEETING ROOM (Room B) AA Meeting 8 80 33 Board Meetings 5 90 40 Cribbage/Scrabble 5 32 13 Travel Group 1 24 i0 State Atty's Office I 10 4 TOTALS 236 100•/. Total Number of people using the Theater 465 66% Total Number of people using the Meeting Room- 236 34•/. Total Number of people using the Adele Grage Community Center - 701 100•/. Code Enforcement Activity Report October 1, 1998 -October 31, 1998 cooE v~o~anoNS _ _ PREVIOUS PRESENT YEAR TO MONTH MONTH DATE Abandoned Vehicles CAR e ~c es mpoun at/Trailer ousmg a ~o ons ous on ons npema ons on ornng i ona n icen usmess gn ~ on srgrown ege on raa omp a~ ase mp am msance o am e e aza ima omp at a er wer i mp a~ wer y em omp am age orm er mage r TOTALS Complaints in Compliance ~ Number of Complaints Outstan~ng ~ Proactlvs Complaints ~ Reactlve Complaints ~ OTHER AC7'iVIT1ES: Cods EMon:enwnt Board A/setlny Nov. 10, 1si0d 7 +~ - City of Atlantic Beach L'iry (,'ommission.Lleetmg Statl'Report Agenda Item :October, 1998, Code Enforcement Report Submitted By :Karl W. Grunewald, Code Enforcement Officer Date Submitted: November d, 1998 Recommendation Attachments :Monthly Report Agetula /tem No. a A Date.• November 16,1)98 Reviewed By City Mar~ager : ~~ G'7` a ~ i •~ ^ H CITY OF ~tla.dc.'c b~eack - ~ Cduda 1 xlul 1E\11SOLE RUAU ~'!_ _-- _-__--_ ~- ~- - - ~ - -___._ \TL.\STIC Bh:\I H. FLORIDA t"i:-;yyc Tfl LENHON C' i9Ui~ `y'-;xno ~ ----- -- -~ ~.,.,~ ]l\('I)\I 3j].j\1111 MEM ORANDUM November 3, 1998 T0: Jim Jarboe, City Manager FROM: Don C. Ford, Building Official ~~~ RE: Building Permits Report Please be advised that the followi ng permits were issued in the month of October, 1998. TYPE PERMIT NO. PERMITS PERMIT COST VALUATION Single Family 3 8,529 633,662 Garage/Carport 3 203 21,296 Additions/Remodels 9 1,852 205,276 Swimming Pools 3 90 38.500 Commercial Fences 3 20 6,500 Utilities 7 12,930 Reroof 6 175 19 830 Siding 1 60 11,350 Signs 4 120 Sheds 1 25 2,500 Driveway 1 25 700 Well 1 10 Tent 1 TOTALS 43 24,039 939,614 Misce/laneous Permits: Electrical 44 1,341 Plumbing 29 1,012 Mechanical 28 1,117 Inspections performed: Building Concrete Electrical Plumbing Mechanical Misc. Ocrup. Lic. 45 31 41 43 28 4 8 INFOFa1ATION COMPIED BY PAT FdRlt1S - BUILOWQ DEPARTYENr Agenda kem No. ~T Dace: ~ I 0 9 ~8 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT STAFF REPORT AGENDA ITEM: Building Permits Report October 1~ SUBMITTED BY: Don C. Ford, Building Official ~~ , DATE: November 3, 1898 The following is a comparison report of Building Permits for New Single Family, Duplexes, Townhomes, Remodeling/Additions and New Commercial for years to date for October 1997 and October 1998: Year to Dats October 1997 TYPE PERMIT NO. PERMITS CONSTRUCTION VALUATION Single Family Duplex Residences Townhomes Remodeling/Additiona Cortunsrcial Total Inspections: Tota12085 New Single Family Duplex Residences Townhomes Remodeling/Additions New Commercial Total Inspections: Total 1389 ~ S 5,585,644 14 855,864 5 362,835 182 1,735,867 10 594,407 2~ S 9,134,617 Year to Date October 1998 29 = 3,159,835 8 785,852 6 u7,13o 164 4,053,415 12 1,489,490 219 :10,035,722 RECOMMENDATION: ATTACHMENTS: Building Permit Repon; for October 1998 REVIEWED BY CITY V~ r 1 I 1 1 1 1 W r I 1 1 I I I = _ V 1 1 < I 1 <' 6 I I W I I 9 m I 1 I I y 1 I 1 1 _ T_ 1 1 1 1 < < 1 1 J J 1 I T T I 1 < f 1 1 1 I 1 1 H Q < 1 I O 1 I O N O r P r I I NN P6 Pi' 1 I pYf NO NO 1 1 I mJ mJ 1 I 1 J I W I W I W 1 rl• P P 1 Z 1 J N 1 1 N • Z NS 1 1 Z 1 1 I V I f I 1 J< J W 1 1 OW YOm OCOm 1 J I T P m V P W P 1 a 1 N I 2 1 V Y I V I 1 V W O 1 I 1 V < S m S I 6 Z < < 1 2 1 < J W J I O I Z 1 r I T T < < < f 1 T 1 f T I G 1 I r 1 W W 1 w4 1 J < J f NP 1 N 1 < W W 1 W 1 1 O I L K W W 1 I 1 1 L < ¢ i < JV I Z< 2 I N 1 < K < 6 Sr I N I <•- W O N 1 N W 1 Y T Z r S T z Tluwml N oo ao I<i0 o muY 1 y ul I J< C 1 ~O Z Z C[ O N C P L 1 V Z< 1 6 0. • f •< T I 1 T O L Z 6 6 2 1 Y ~ m l m m 1 J M1 oo<IW WI sm im S~Slaizl Szn ama amo z~virooi zz~ zs~ zip 1 1 C J 1 1 r O J 1 1 LL K i i a m m o O 1 O I P P P V O w I W < u I J 1 P ` Y 1 N N w W 1 N 1 N 6 I r I O C O I ~ ~ ~ uK 1 I V O 1 I I J 1 I 1 J 1 1 < < 1 N I 1 ~ M 1 ; w r T 1 N i N L 1 V N 1 L i 1 J N I T J J Ha i <.. <s <<z ~1 TC 1 W L ~ I C O N V Z W r ~ < G< N J Y v J Y W 6 'O < K m T I W t NTI Z6a.r K6V a of i iz•r. i .-o~ zwr 1 .. z lu ems ~a< 1 a» i r.. <aJ :aJ +< 1 1 zn< :~i x~< I 1 m I N I 1 P V I 1 P P 1 J I J ~ J 1 O ozr. 1 J + + i II i <ol I 1 I O N rLl I N i O< 1 1 N N N 6 ¢ 1 1 1 J J T V 1 1 O O O W = O 1 ~ 1 C I 1 P P P 1 V 6 I J I P O P n`~n NNN O N O WI N V 1 ~+ w T Ha J w Z 3 6 T 1 Z 2 w J f. y r Q T T 0 6< <W za< a m w iai s~ aWW moo xsz zr.- J < < O O N 1 I 0 m N 1 1 [l O N Q 1 1 n < ^ ry N I 1 n n n n O I 1 n N 1 I N N L J J J N ` I 1 ^ n < y W d < 1 1 Z 6 I I J V r I 1 Y y < < W I I u Y Y J y~ I 1 • a p p W 1 1 • a d V W W r i 1 ~ a n e .. > > W > 2 1 a w < m z o e o 0 1 I < a >N N N N L I 1 W n a m • N N I I m - < z z -N. ~ M1 n n i i .y. 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I ~ .a J < V .I n < •I ~ r .~ J N Yr i N O h P O n a O O O C O O O ' j N ± N N N N N N N N N N C O O O O O U U O O O 4 O P P P P P P P P P 0 P P P O P 0 O P P P P P P O P P Page Two AGENDA November 9, 1998 B. Authorize the Mayor to sign on behalf of the City of Atlantic Beach, aFour-Party Agreement with the City of Jacksonville, City of Neptune Beach and Town Center Agency for streetscape improvements along Atlantic Boulevard, First Street, and Ocean Boulevard, Duval County, Florida (Mayor) C. Discussion and possible action on use of city rights-of-way by Peoples Gas (City Manager) D. Authorize current lifeguard salaries to remain in effect indefinitely (City Manager) E. Discussion and related action relative to Teen Council (City Clerk) 9. City Mansger Reports and/or Correspondence: A. Report and related action relative to providing water and sewer service to Mayport Naval Station ]0. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment If say person decides to appeal any decision made by the City Commission with respoct to any matter considered at any moeldg, such person may seed a rxord of the prooeedmgs, sad, fa such purpose, may axd to easme that a verbatim record of the proceedings is made, which record shat) include the testimony sad evidence upon which the appeal is to be based. Any person wishing to spat to the City Cammimon on any miner at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are ava8abk at the entrance to the Commission Chambers. In accordance with the Americans whir ;)inabilities Act and Seclioa 286.26. Florida Statutes, persons with disabilities needing spxial aooommodatim b participate in this meeting should contact the City Clerk by 5:00 FM, Friday, November 6, 1998. CITY OF ATLANTIC BEACH COMMISSION MEETING -November 9, 1998 AGENDA Call to order Invocation and pledge to the flag Approval of the minutes of the Regular Commission Meeting of October 26, 1998 Recognition of Visitors: Media One Unfinished Business: 4. Consent Agenda: ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND W1I,L BE ENACTED BY ONE MOTION IN THE FORM J,ISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of new occupational licenses issued in the month of October, and monthly reports from Building, Code Enforcement, and Recreation Departments (City Manager) Committee Reports: 6. Action on Resolutions: A. Resolution No. 98-39 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER I, 1998 AND ENDING SEPTEMBER 30, 1999 (Mayor) 7. Action on Ordinances: A. Ordinance No. 90-98-167 -Reschedule continued public hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ZONING AND SUBDMSION REGULATIONS, SECTION 24-17, DEFINITIONS, AND SECTIONS 24-104, 105, 106 AND 107, RESIDENTIAL DISTRICTS, TO LIMIT LOT COVERAGE 1N RESIDENTIAL DISTRICTS TO FIFTY PERCENT (50%), AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) 8. New Business: A. Authorize the Mayor to sign the Certificate of Acceptance for Anti-Drug Abuse grant in the amount of $13,680.00 (City Manager) HP OfficeJet Personal Printer/Fu/Copier Fu Log Report for City May-03-99 10:25 AM tdentireation ltv°It 92469960 OK P~ Txfa~ 12al4 Tina l~ 38 Sent May-03 10:10A 00:15:23 002486030022 ,.>o :. ATLANTIC BEACH FIRE/RESCUE EQUIPMENT LIST Hose Tower EQUIPMENT DESCRIPTION SECTIONS NOTES 1.75" Rubber Jacket Hose 10 1.75" Cotton Jacket Hose 4 Old 1.75" Cotton Jacket Hose 12 New 1.5" Cotton Jacket Hose 11 2.5" Cotton Jacket Hose 6 5.0" Rubber Jacket LDH (25ft.) 1 5.0" Rubber Jack LDH (100ft.) 1 ATLANTIC BEACH FIRE/ItESCUE EQUIPMENT LIST Store Room 6.0" Cap 2 Wheel Chocks 2 4.0" to 2.5" Steamer 1 Pickhead Axe 2 81b. Sledge Hammer 1 Ajax Tools Air Chisel Kit 2 Electric Smoke Ejector 1 Salvage Covers 12 Floating Stainless Stokes Basket 1 AFFF Foam (SgaIJ 2 Spotlight I Bunker Gear (Coats, Pants, Helmets, Boots, Gloves) 15 Sets Spate Bunker Gear Approx. 10 Sets 2 Bottle Ingersoll-Rand Cascade System 1 S are MSA Bottles 9 _._ _._ T,....,_.-. _...~__.~_.._-,.a____... ATLANTIC BEACH FH2E/RESCUE EQUIPMENT LIST Store Room EQUIPMENT DESCRIPTION QUANTITY NOTES Snap-tile Hydroassist 5.0" Storz to 5.0" Storz and 4 - 2.5" Crated Valves I 2.5" Elkhart SM-30F Fog Nozzle 1 Stihl 036 Chain Saw 1 Sachs Dolmar 120 Super Chain Saw 1 Akron Style 10 Spanner Wrench 10 5.0" Storz Cap 2 Stinger Base l 2.5" to1.5 Gated Wye 1 24" Halligan Bar 1 Storz Spanner Wrench 3 Hydrant Wrench 5 2.5" Hose Clamps 1 Pin Wrench 1 TFT Booster Nozzle 1 Hose Jacket 1 Akron 1727 Fog Nozzle 1 6.0" to 2.5" Gated Wye 3 Playpipes 6 5.0" Storz to 4.5" Female Coupling 1 Utility Rope with Bag 6 @600ft. 6.0" to 5.0" Steamer Connection 1 4.0" to 4.0" Steamer Connection 1 2.5" Cap I 3.0" Cap 1 En ine 3 -Continued 1.75" SM-30F Fog Nozzle 3 2.5" Stream Straightener 1 Solid Stream Tips (2.0", ].75", 1.5", 1.38") 4 3.0" to 5.0" Storz Discharge I 6.0" Steamer to 2.5" Gated Wye t 15ft. - 2.5" Pony Line 1 loft. - 5.0" Pon Line 1 En ine 3 -Continued Amkus Ram -Small 1 Amkus Ram -Large l Amkus Spreaders 1 Amkus Cutters 1 12' x 12' Canvas Tarp 1 Gas Cans 2 Extinguishers (PICP, CO2, Water, Foam) 4 5 Gallon Indian Backpack Pump 1 AFFF Foam (Sgal.) 2 Wool Blankets 2 Plastic Emergency Blanket 1 In-Line Foam Eductor 1 Air Bag Hoses 3 Air Bag Regulator 1 Air Bag Distributor 1 Laerdal Heartstart 3000QR I MAST Trousers (Adult Size) 1 Laerdal Portable Suction Unit 1 Assorted Wooden Cribbing assorted Fire Service Ladders (loft., 14ft., 24ft.) 3 1.75" Hose (Bumper, Crosslays, Highrise) 700ft. 2.5" Hose 4008. 3.0" Rubber Jacket Hose 400R. 5.0" LDH Hose 1200ft. 5.0" Storz to 4.5" Female Hydrant Connection 1 2.5" DSM-30F Fog Nozzle 1 1.75" SM-10 Fog Nozzle 1 En ine 3 -Continued Equipment Description Quantity Notes TSM30F Elkhart Fog Nozzle 1 Cellar Nozzle I Portable Lamps 2 K35L, K12, KPI17, KPI22, KPI32 Air Bags 5 Bolt Cutters -Small 1 Bolt Cutters -Large 1 81b. Sledge Hammer I Stihl 044 Chain Saw 1 Stihl TS360AVS K-12 Saw with spare blade 1 2.5" to 1.5" Gated Wye I Collapsable Spanner Wrench 2 Crescent Wrench 1 LS" Cap 1 High Rise Bag 1 Flonda EG2200X Generator 1 3 Oulet - 25ft. Extension Cord. I 5 0" Hose Clamp I Spanner Wrench 4 Amkus Model B Hydraulic Pump 1 Honda GX160 PPV Fan 1 Wooden Step Chocks 2 Rescue Rope and Bag 200ft. Jumper Cables 1 Amkus Porta Power I Hydraulic Hose 3 En ine 3 -Continued Equipment Description Quantity Notes 6.0" to 5.0" Storz Intake Relief Valve 1 Combination Spanners 2 2.5" Gate Valve I 2.5" Double Male 5 2.5" Double Female 4 2.5" Cap 1 Hydrant Bag 1 Traffic Cones 7 24" Pipe R'rench 1 Stinger with base 1 18' x 18' Salvage Cover 2 Hose Drainer 1 Roll Visqueen l Hose Roller 1 Tool Box with Misc. Tools 1 C-10 High Pressure Air Chisel Kit 1 Utility Box Caps 2 5.0" Storz to 2.5" Female 1 2.5" to 1.5" Reducer 3 Deckgun Fog Nozzle 1 30" Halligan Bar 1 48" Halligan Bar 1 Elkhart 2.5" Foam Nozzle 1 Solid Stream Pla i es with1.25", 1.125", 1.0" ti s 2 EXHIBIT "H" ATLANTIC BEACIi FIRE/RESCUE EQUIPMENT LIST Engine 3 EQUIPMENT DESCRIPTION QUANTITY NOTES Reflective Vests 4 Binoculars 1 Mag Lites 2 Spotlights 1 CO Detector I 600 Series Polaroid Camera 1 Master Tool Lockout Kit 1 ATU Flashlights 2 MSA Airpacks 5 Spare Cylinders 4 Igloo 1 Flathead Shovel - Spade Shovel 1 Pike Poles (4ft., Sft., 14ft.) 3 Sft. Prybar 1 Plasterhook Sft. t Flathead Axe 1 Pickhead Axe 1 5.0" to 4.0" Storz Connection 1 6.0" Steamer Cap 1 Hose Jacket I Rubber Mallet t Storz Wrench 4 H Brant Wrench 2 EXHIBIT "G" Appliances and furnishings (To be provided) I 7 /NKER .•-AR y . - - - - ---- ~T()RAG~ ~/ ~ H O E ~ a ~ .~ EW t ~~ R 'fNNK ' se wmct ~ t PIiD. ,q~ O R A G E ,,RD -cR ; _ ' ~~isrRr. EXHIBIT "F" ~Y, - --- ~r 5 r 0 C a G 6 Iw0.en ¢ Loekea Roots o ~~ eV ARTf R L ba4xao..~ -7L s ~ rRA,~„~ ~~ ' s~wE •.~ Roots ~. I~NiNG /I/,Eq n - i • ~~:. UDf K,FcNe'I ~ St~oy A 6 G ~ W~TGh 17.90lA OF£KEES r<RE SGCTLOw Service Sharing Agreement Page 4. In witness whereof, the parties hereto cause these present to be signed by their duly authorized officers on the dates indicated below: i3 i~9 ~ Suzanne Shaughnessy f ayor ~ Date ` City of Atlantic Beach, Florida Attest: Mau een King, City ler City of Atlaniic Beach, Florida ~~. ~C/Cl Da e rge F. aughn, Jr., or Date City of Neptune Beach, Florida Altesl: I~ec~.w ~ ..r~la~ ~tt~,., R. ~94~_ :: Beck f~dnks, CMC/AAE, City Cleric Die ~~ _ - . City of Neptune Beach, Florida _- P.pproved by Council while in regular session on July 6, 1998. -~ ~~~~- . Service Sharing Agreement Page 3. SECTION V: LIABILITY Each agency will bear the liability arising from acts undertaken by its personnel pursuant to this agreement. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief disability, workers' compensation, salary, death and other benefits which apply to the activity of such firefighters, agents, employees, or personnel of any such agency when performing their respective functions within the tenitorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extratertitorially under the provisions of this service sharing agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary employees or personnel. Section VI: COMPENSATION All services performed under this agreement shall be rendered without reimbursement of either party or parties. The assisting agency shall compensate its employees or personnel during the time of the rendering or such service sharing aid and shall defray the actual travel and maintenance expenses of such employees or personnel while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees or personnel are rendering such aid. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse fhe assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. The assisting agency under this agreement shall bear the loss or damages to any equipment it furnishes and shall pay any expense incurred in the operation and maintenance thereof. This Agreement shall become effective upon the date hereof and shall remain in full force and effect until canceled ny mutual agreement of the parties hereto by written notice by one party to the other party with sixty (60) days notice of said cancellation. Service Sharing Agreement Page 2. 3. Jacksonville Fire/Rescue's presence will be immediately requested by the dispatcher for all the above emergencies. 4. Each fire department will provide and maintain a street and hydrant map book of its city for the other fire department. 5. Each fire department shall maintain its current apparatus numbering system. 6. The Neptune Beach Public Safety Officer in charge of the incident will report to the Atlantic Beach Incident Commander at any fire department emergency to coordinate communications between agencies. 7. The aiding fire department may recall its responding fire company for another alarm in their own city up until that company is actually on the scene of the incident. 8. To avoid confusion, each dispatch center and operating unit will identify fire department apparatus by jurisdiction name. Example: Neptune Beach Engine 1 to Atlantic Beach Engine 1. Section IV: As determined by the Atlantic Beach Fire Officer, manpower and equipment will be allocated when requested by Neptune Beach. 2. On arrival at the scene, and in the absence of any certified Incident Commander from another full-time fire agency, incident command will be assumed by the responding Atlantic Beach officer. 3. All fire department volunteers, police officers, and others will report to the Incident Commander before taking any action on the fire scene. 4. If the Atlantic Beach Fire Department arrives first on the scene, it shall take all initial action necessary to control the emergency and assume incident command. 5. Atlantic Beach may transfer or relinquish incident command to another agency consistent with NFPA 1500. 6. If the Jacksonville Beach Fire Department or the City of Jacksonville Fire/Rescue Department is already on the scene, the Atlantic Beach firefighters will take direction from their Incident Commander. EXHIBIT "E" ., __ MEMORANDUM OF UNDERSTANDING between the CITY OF ATLANTIC BEACH AND ITS FIRE/RESCUE DEPARTMENT and the CITY OF NEPTUNE BEACH AND ITS PUBLIC SAFETY DEPARTMENT SERVICE SHARING PROGRAM Section I: P OS 1. This agreement is to establish the conditions of a service sharing program for structure fires in Neptune Beach. This memorandum of understanding will serve as an updated cladfication of responsibilities outlined in Section V of the 1988 Fire Fighting Mutual Aid Voluntary Agreement between Neptune Beach, Atlantic Beach and Jacksonville Beach. This document formalizes the commitment of the City of Atlantic Beach to provide fire suppression response service to the residents of Neptune Beach as stated in an agreement between Atlantic Beach and the City of Jacksonville known as the 1995 amendment to the 1982 Intedocal Agreement dated 9-28-95. Any changes to existing mutual aid agreements between Atlantic Beach and other fire agencies that impact on Neptune Beach will cause Atlantic Beach to notify Neptune Beach of the changes. Section II: SCOPE When assistance is requested, the Incident Commander of the Atlantic Beach Fire Department will be in charge of all firelrescue emergency operations in the City of Neptune Beach. 2. Each agency agrees to issue the appropriate written order to provide for the implementation of this agreement. Section III: DISPATCH AND COMMUNICATION Service sharing aid will be requested for all reports of: a. Fire or.explosions in buildings b. Vehicle fires in garages or carports c. Water rescue emergencies in the ICW or ocean, not covered solely by lifeguards in shallow water. d. Incidents or fires involving hazardous materials e. Incidents involving multiple victims f Any other alarm as requested by the responding Incident Commander. 2. The Neptune Beach dispatchers will contact the Atlantic Beach Fire Department dispatch by telephone automatically when receiving notice of one of the above emergencies. Immediately after this notice, Neptune Beach volunteers will be alerted to respond to the emergency. ' AMENDMENT' TO MEMORANDUM OF UNDERSTANDING between the ATLANTIC BEACH FIItE RESCUE DEPARTMENT and JACKSONVII.LE BEACH FIRE DEPARTMENT AUTOMATIC MUTUAL AID V. OPF.R ATi(lNC 1. The minimum response to an automatic aid alarm by the aiding Sre department shall be a Class A fire pumper and two fire fighters. A. Except in the case of aid given by Jacksonville Beach to Atlantic Beach in buildings identified as three (3) stories or 35 feet ,Jacksonville Beach will send a ladder truck instead of a class A fire pumper. This amendment is for Structure Fires and Automatic Alarms In Structures only. (The city of Atlantic Beach will provide both dispatches centers and Jacksonville Fve Departmerrt with a list of building that would be effected by this change. ) ~~ ~ IG'tSl~j ~ C 'efJohn Ru ey, Fire Chief Date Atlantic Beach FirelRescue Dept. /.~ ~~ /- ._~1 °_~-~~ Chief Gary A. Brown Sr. Date Jacksonville Beach Fire Dept Automatic Mutual Aid (contd.) Page 3 V. OPERATIONS 1. The minimum response to an automatic aid alarm by the aiding fire department shall be a class A fire pumper and two (2) fire fighters. 2. On amval at the scene, the aiding fire company shall stage as appropriate and wait for instructions from the Incident Commander. If the aiding fire company arrives first on the scene it shall take all initial action necessary to control the emergency. 3. All operations shall be conducted based on the Incident Command System as adopted by the Florida Fire Chiefs Association. Safety conditions based on NFPA 1500 shall be used as a guide. 4. The Incident Commander shall return the aiding fue company to service as soon as practical after the emergency is controlled. ~. TBA>L~I~ The fire chiefs shall cooperate to conduct six half day drills with both fire departments annually. 2. The fire chiefs agree to seek other opportunities to shaze training with the goal to better cooperation and operational effectiveness. VII. SPECIAL TEAh~:S l . The City of Atlantic Beach shall support and maintain an underwater rescue team as a function of the Atlantic Beach Fire Department. The underwater rescue team shall~e organized and operate based on the standards established by the Professional Association of Dive Instructgrs or other nationally reconized standard. 2. The~ity of Jacksonville Beach shall support and maintain a confined space rescue team as a function of the)ackspnville Beach Fire Department The confined space rescue team shall be organized and dpti'rate based on the standards established by 29 CFR Part 1910.146, Permit RequiredLot~nted Spaces. L\~`~'~V \`ti~ Automatic Mutual Aid (contd.) Page 4 3. The fire departments shall jointly preplan water and confined space hazards in both cities and arrange for appropriate joint training of fire fighters from both fire departments. Chief John Riney, Fire Chief Date Atlantic Beach Fire/Rescue Dept. Chief Gary A. Brown Sr. Date Jacksonville Beach Fire Dept Automatic Mutual Aid (contd.) Page 3 V. OPERATIONS i. The minimum response to an automatic aid alarm by the aiding fire department shall be a class A fire pumper and two (2) fire fighters. A. Except in the case of aid given by Jacksonville Beach to Atlantic Beach, Jacksonville Beach will send a ladder truck instead of a class A fire pumper. This amendment is for Structure Fves and Automatic Alarms In Structures only. 2. On arrival at the scene, the aiding fire company shall stage as appropriate and wait for instructions from the Incident Commander. If the aiding fire company arrives first on the scene it shall take all initial action necessary to control the emergency. All operations shall be conducted based on the Incident Command System as adopted by the Florida Fire Chiefs Association. Safety conditions based on NFPA 1500 shall be used as a guide. 4. The Incident Commander shall return the aiding fire company to service as soon as practical after the emergency is controlled. VI. TRAINING The fire chiefs shall cooperate to conduct six half day drills with both fire departments annually. 2. The fire chiefs agree to seek other opportunities to share training with the goal to better cooperation and operational effectiveness. VII. SP - I i M 1. The City of Atlantic Beach shall support and maintain an underwater rescue team as a function of the Atlantic Beach Fire Department. The underwater rescue team shall be organized and operate based on the standards established by the Professional Association of Dive Instructors or other nationally recognized standard. 2. The City of Jacksonville Beach shall support and maintain a confined space rescue team as a function of the Jacksonville Beach Fire Department The confined space rescue team shall be organized and operate based on the standazds established by 29 CFR Part 1910.146, Permit Required Confined Spaces. (Revised 11/12/961 Automatic Mutual Aid (contd.) Page 2 IV. DISPATCH AND CO INT ATION 1. Automatic aid will be requested for all reports of: a. Fires or explosions in buildings b. Vehicle fires in garages or carports c. Persons trapped in submerged vehicles, drowning in lakes, ponds, ditches, the IC W or ocean waters and similar emergencies d. Incidents or fires involving hazardous materials , e. Any other alarm as requested by the responding Incident Commander. 2. Pending the recall of off-duty members, automatic aid may be requested to respond to other alarms when the alarm fire department is unavailable to respond. 3. The alarm fire department dispatchers will request the dispatch of the aiding fire department by telephone automatically and immediately after alerting the alarm fire department of the emergency. 4. Each fire department will provide and maintain a street and hydrant map book of its city for the other fire department. 5. Each fire department shall maintain its current apparatus numbering system. 6. The aiding fire department will report responding by radio to the dispatch of both cities. All subsequent radio communication will be on the alarm city's radio channel until the aiding company is released from service. ~. The aiding fire department may recall its responding fire wmparry for another alarm up until that company is actually committed to operating at the alarm. 8. To avoid confusion, each dispatch center will be identified by City name. Example: Engl to Jax Beach Eng. 11 to Atlantic Beach. EXHIBIT "p" MEMORANDUM OF UNDERSTANDING between the ATLANTIC BEACH FIRE RESCUE DEPARTMENT and JACKSONVII.LE BEACH FIRE DEPARTMENT AUTOMATIC MUTUAL AID I. p~ro~ os~ 1. This agreement is to establish the conditions of an automatic aid progam for firehescue emergencies in the Cities of Atlantic Beach and Jacksonville Beach. II. 1. Automatic Aid :The automatic response of a mutual aid fire company on the first alarm of a firelrescue emergency. 2. Alarm Fire Department :The fire department in whose jurisdiction afire/rescue emergency occurs. 3. Aiding Fire Department :The fire department providing automatic aid to the alarm fire department. III. SCOPE 1. The fire chief of Atlantic Beach or his designated representative will be in charge of alt fire/rescue emergency operations in the City of Atlantic Beach. 2. The fire chief of Jacksonville Beach or his designated representative will be in charge of all fire/rescue emergency operations in the City of Jacksonville Beach. 3. This ageement requires automatic aid to be dispatched only when adequate protection can be maintained by the aiding fire department as determined by the aiding firc department chief . 4. Each fire chief agees to issue the appropriate written order to provide for the implementation of this agreement. EXHIBIT °C" Explanation of pension benefits (To be provided) Q at M V O~ h h h h h h h h h [~ ./1 e/1 h M ~ h~ M M M M M M M M M M O x M O N l~ h [~ ~ n n n h h t~ V 'Q V F" 7 C V M N N N N N N N N N N N N N O .~ M p ~Q Vl h h vt h vl vl ~..r. •r, vt h Vt V1 h h m h h [~ [~ [~ h h h h h h h h h h h C a ~ ~ ~ N v A h^ rn 0 0 0 0 0 0 0 0 O O M M M ~ Q ~ ~ ^ N_ N_ ~ ~ N_ N_ N N N_ N_ ~ ~ ~ J n a M eel N N N N N N N N N N N [O T a O 7 O. Q O ~ ~ V O M ~ rn :~+ a N x rn ^ O. (~ .~C ~ ~ T a _ .. -+ ~ N O h rn vl b C C of V' R Y Y Z< C N N N -~ O ~+ a O N rn T rn rn rn rn .'~ .', rn O~ a CT^ ~O ~D ~C O W m 'V O ~O C\ ~~ V C Q Y Y ~? V N N N U ~ O ~t a V 7 M N N N N N N N N N N N N N N O ~ (J N N c a 2 4`' E ~~ v^ N^x .n vi h~hv. ~r. v~, v-, v~ ^-- earn OU a p ~O Q x O O O O C C O O O O N N N > rn C v a x N v c~ o o: o: o: o~ c~ a ~ a a o: x x oo '~ - E~ ^ ^ - ~ r w .--/ 4 ~ V u ~ ~ -C ~ o ~ 3 W g O ~ ea 4 U .e eci ~ c ~ v v v ~ ~L' ~ v c~ v ~ O w ^o ~ e c c e c c c c c c y« Y o ..^~. ~~ W w E~ v Sri v c e c ~e ~c .~ c ~c a ~c s s s a ~ U ?• o ,~ 'w'~ :aa:~ wwwwwwwwww wow ~~ „ ~.- F- a 'w' ie. 'w' is. 'w i~. i:. u. i~ i~. iL iL ~ 'u. 'w w ii ~ ~ w -.. ~,> ~ee„ a~ ~'Tx '~ ; C h M x 'V ~D ~O ~O ~O h w^.. h ~: h o0 x x ~ N? 'C '$ O ~ rn xxo. o~c~ac~~arnao.`o o~arn v ax d~d'~- E ~ h l~M x~o oohrnxxx xh axe ~ .o p ° C~° °~ C C° ~ C~ o N o` `~ v o x .~ o n o 00 oo ~o c~ oonch.o oNO~M voa ~ ? o a,. a A o 000 oo-.oc-o-oo o^o .g ~ ~o y ,o~n a ~ h ,. a va T U a ~" ~ O Wqq '~ t h ~`~^a ~' O. e~V ~ d V ~--~ E"' .~ 1~a~. L G a E~ i7 a ma wrn a n o 0 o e~ ~ a~ 7F~ o ~~ a "~3~ aa3 GAL ~~~ ~ ~ ~ ~ za~~£a a es .: U !~ yyaa w O ~ R: m ~ e0 ~: 'C C ej ^ 00 '- ~ C O X = O ~ p N M z ~ =~o °e~oHEV~~~o POU~ L1Y3w`oC Qvv v gg as a xmm W mUf]S ~aaC. >- . a at. . . a c ~ e~ O v v ^ v Ca.e yv O ,°,~ a' v~i•OU~ OUW'e ~w~o D w O ' „H., SI9IHX3 EXHIBIT "A" AVERAGE RESPONSE TIME FOR EMERGENCY CALLS IN ATLANTIC BEACH MONTH # RUNS • T~ IN MINITI'ES OCT-97 101 3.74 NOV-97 84 4.20 DEC-97 91 4.67 JAN-98 .,~ 9~., , .~ .. ~ ..4.25 FEB-98 97 3.77 MAR-98 81 4.33 APR-98 93 4.48 MAY-98 96 ~` 4.50 JUN-98 101 4.52 JULr98 102 4.1$ AUG-98 84 4.28 SEP-98 9$ 4.55 AVERAGE RESPONSE TIME FOR 12 MONTHS IS 4.29 MIi}f[JTES • FROM TIME RECEIVED TII.I; UNT[S ARE ON SCENE between the parties hereto. No statement, representation, writing, understanding, or agreement made by either party, or any representative of either party, which is not expressed herein shall be binding. All modifications of, changes, alterations, revisions, or amendments to this Agreement, or to any of the terms, provisions and conditions hereof, shall be binding only when in writing and signed by the authorized representative of each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed under their respective seals by their officers hereunto duly authorized as of the date first above written. CITY OF ATLANTIC BEACH Attest: By: City Clerk Mayor By: City Attorney City Manager CITY OF JACKSONVII,LE Attest: Mayor Approved as to Form Chief Deputy General Counsel GISHARED~CINDYUMAYORIF7REV~7REAG11.13 9 set forth herein. The Exhibits attached hereto to the extent not completed at the time of execution hereof; shall conform substantially to the description thereof contained on each Exhibit page and may be supplied by the parties. 13. Rights and Obligations Not Transferable. The rights and obligations of the parties hereunder aze not assignable and may not be transferred without the prior written consent of the other party hereto, which will not be unreasonably withheld. 14. Effective Date of Agreement. This Agreement shall become effective upon execution by both parties, by and through their respective authorized representatives, pursuant to such procedural requirements as are applicable to each of the respective parties. 15. Term. The term of this Agreement shall be from its effective date and continuing for a period 25 years unless terminated earlier by the parties in accordance with this paragraph 14. If either party should desire to terminate this contract prior to the exp'uation of the 25-yeaz term, such party may do so by providing a one year notice to the other party. Such notice must be in writing to the City Manager of Atlantic Beach or the Mayor of Jacksonville. 16. Governing Law. This Ageement shall be governed in all respects by the laws of the State of Florida. 17. Negotiated Agreement. The parties agee that they have had meaningful discussion and/or negotiation of the provisions, terms and conditions contained in this Agreement. Therefore, doubtful or ambiguous provisions, if any, contained in this Ageement shall not be construed against the party who physically prepared this Ageement. The rule commonly referred to as "Fortius Contra Proferentum" shall not be applied to this Agreement or any interpretation thereof. 18. Entire Agreement. This Ageement constitutes the entire ageement by and 8 the parties' control. 7. Severability. Should any provision hereof for any reason be held illegal or invalid, no other provision of this Agreement shall be affected; and this Agreement shall then be construed and enforced as if such illegal or invalid provision had not been contained herein. 8. Headings. The headings in this Agreement are solely for convenience and shall have no effect on the legal interpretation of any provision hereof. 9. Waiver. The failure of any party to insist upon strict performance of this Agreement or of any of the terms or conditions hereof shall not be construed as a waiver of any of its rights hereunder. 10. Default. In the event that one of the parties to this Agreement shall fail to perform a material obligation hereunder, the other party shall give the defaulting party thirty (30) days' written notice to cure such default. Should the nonperforming party not cure such default within the thirty (30) days, the other party shall have the right to terminate this Agreement without further notice. 11. Notice. Fach notice when required hereunder shall be deemed to have been given when mailed by U. S. Postal Service certified mail, postage prepaid; addressed as follows: (a) City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, FL 32233 Attention: City Manager (b) City of Jacksonville Frre and Rescue Department, 515 Julia St., Jacksonville, Florida 32202 Attention: Fire Chief 12. Attachments and Ezhibits. All exhibits, attachments, appendices and schedules which may, from time to time, be referred to in this Agreement or in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed a part of this Agreement as fully as if 7 (e) Atlantic Beach will provide and maintain the emergency generator at the Fire Facility needed for fire necessities. (f) Atlantic Beach will provide the City Manager and the Public Safety Director as the point of contact and liaison for issues arriving out of this contract. The Public Safety Duector will be responsible for addressing other JF1tD issues related to the day-to-day operation. 4. Fees and Reimbursement: (a) Atlantic Beach shall pay Jacksonville S637,489 per yeaz for all services provided by Jacksonville pursuant to this Agreement. (b) Atlantic Beach shall pay on a monthly basis one-twelfth of the yearly fee as outlined in (a) above. Payment of such amount shall be made by Atlantic Beach to Jacksonville no later than thirty (30) days after receipt of a billing invoice from Jacksonville. 5. Indemnification. Subject to the provisions and limitations of Section 768.28, Florida Statutes, Jacksonville shall indemnify, hold harmless and defend Atlantic Beach from and against any claim, action, loss, damage, injury, liability, cost, and expense of whatsoever kind or nature (including, but not by way of limitation, attorneys fees and court costs) arising out of injury (whether mental or corporeal) to persons, including death or damage to property, arising out of or incidental to any negligent act or omission of Jacksonville in the operation and maintenance of the services provided and facilities used under this Ageement. In no event shall Jacksonville be responsible for any negligent act committed by Atlarrtic Beach. 6. Force Majeure. The performance by the parties of this Ageement is subject to Force Majeure and is contingent upon, accidents, acts of God, flood, regulations or restrictions imposed by any governmental agency (other than Jacksonville and Atlantic Beach), or other problems beyond 6 duty or use the Fire Facility for such activities. (m) Jacksonville will assign a Division Chief or higher rank to provide liaison with Atlantic Beach. Furthermore, Jacksonville will provide annual reports on alarms, response time and location to the Public Safety D'vector for Atlantic Beach. (n) In order to afford continuity in service to the Atlantic Beach community, to the extent practicable in its sole discretion, Jacksonville agrees to assign at least one (1) firefighter with at least one year of service in Atlantic Beach to each shift of its personnel providing services to Atlantic Beach. 3. Services to be provided by Atlantic Beach to Jacksonville: (a) Atlantic Beach will provide the Fire Facility at no rental expense to Jacksonville. Jacksonville shall make no alterations to the building unless such alterations have been approved in writing by Atlantic Beach, which approval shall not be unreasonably withheld. Costs of such alterations shall be borne by Jacksonville. (b) Atlantic Beach will provide all existing appliances and furnishings (except computer, telephone, and radio equipment) at the Atlantic Beach Fire Facility to Jacksonville for its use at the Fire Facility; pichues of said appliances and furnishings are attached hereto as Exhibit "G." Any new appliances or furnishings needed by Jacksonville will be borne at its cost. (c) Atlantic Beach shall convey clear title to vehicle number 4ENBAAA80T1006038 and its present fire fighting equipment to Jacksonville. A list of said equipment is attached hereto as Exhibit "H." (d) Atlantic Beach will provide exterior maintenance and lawn care for the Fire Facility. 5 exception of exterior maintenance, lawn care and building insurance. A drawing of the Fire Facility is attached as Exhibit "F." (h) Jacksonville will provide full casualty, liability, personal property, and workers compensation insurance. Jacksonville agrees to defend Atlantic Beach in all suits arising out of service being delivered to Atlantic Beach by Jacksonville, subject to the limitations set forth in paragraph 5 hereof. (i) Jacksonville will provide the following auxiliary services for Atlantic Beach: 1. Blood pressure checks at the Fire Facility for the Community 2. Bi-annual fire hydrant testing of all fire hydrants in the City 3. Annual and occupational inspections of businesses 4. Plan review of new and remodeled businesses and buildings 5. Tours for school and community organizations 6. CPR training (including refreshers), hazazdous materials and similar training to Atlantic Beach employees Atlantic Beach assures Jacksonville that these services aze the only auxiliary services which Jacksonville will be expected to provide. Atlantic Beach shall provide information to Jacksonville regarding the method, fees and location for providing such services. Jacksonville may charge fees for such services at the same rate that it charges for the same services in the City of Jacksonville. Notwithstanding anything to the contrary, Jacksonville shall not be obligated to provide such services in Atlantic Beach more frequently than such services are provided in Jacksonville. (j) Jacksonville agrees to abide by all local, state, and federal laws in the performance of this Agreement. (k) Jacksonville agrees to participate in the Atlantic Beach Safety Program as it relates to the services being provided to the same extent as Atlantic Beach is now participating. (1) Jacksonville agrees that its employees will conduct no personal business while on 4 recruitment, assignment, hiring, training, payroll, benefits, etc., necessary (in its sole judgment) for provision of services under this Agreement; provided, however, that all current employees of the Atlantic Beach Fire-Rescue Department shall be offered employment by Jacksonville's F'rre and Rescue Department pursuant to the following requirements: 1. Atlantic Beach Lieutenants will be offered positions as Engmeers and the Assistant Chief will be offered a position as Lieutenant. 2. The remaining employees will be offered positions as entry level firefighters. Provided, further, that said employees meet Jacksonville's current standards for employment as firefighters or are given a reasonable opportunity to meet such standards. Once said employees are hired by Jacksonville, Jacksonville shall have sole discretion regarding their work assignments. A list of said employees is attached hereto as Exhibit "B." Atlantic Beach agrees to provide personnel records of said employees to Jacksonville within thirty (30) days of the date of this Agreement. 3. Pension benefits aze as set forth under sepazate cover as Exhibit "C." (e) Jacksonville agrees to maintain Atlantic Beach's existing Mutual Aid Agreements and commitments for fire services to the City of Jacksonville Beach and the City of Neptune Beach, copies of which Agreements are attached hereto as Exhibit "D" and Exhibit "E." Atlantic Beach represents and warrants that it has no other outstanding mutual aid agreements. (f) Jacksonville agrees to be responsible for all fire and rescue communication for Atlantic Beach. Atlantic Beach will transfer all such calls it receives to Jackson•~ille Fire/Rescue dispatch as Atlantic Beach will continue to operate as a 911 PSAP. (g) Jacksonville will maintain the Fire Facility, including the payment of all utility bills, telephones, equipment, furnishings, daily maintenance, and simdaz expenses, with the sole 3 NOV-]B-9B 13.06 FROM.OFFICE OF CEN COUNSEL ID• PACE 4/4 WHEREAS, Jacksonville would benefit in having a sta[ion in Atlantic Beach which would enhance first response and provide back-up capabilities to its other ntarby fire opaations; NOW, THEREFORE, TN CONSIDERATION of the mutual covcnalrts herein comamed and for othu good and valuable consideration, the parties agree as follows: 1. Incorporation of Recitals. The above stazed recitals are true sad correct and, by this reference, are incorporated herein and made a part hereof. Z. Provision of Advanced Lift Support & Fire Services to Atlantic Beath. (a) Beginning no later than Febluary 1, 1999, Jacksom~illc w]ll provide Atlantic Beach with 24-hour (around the clock) Advanced Life Support and Fire services. These services will be operated out of the Atlantic Bwch Fire Station defined as the F"Ire Bay and the living area north of the Bay at 850 Seminole Road, Atlantic Beach, Florida (the "Fire Facility"). (b) Jacksonv0le agrees to maimain or exceed the current service levels as specified in Exhibit °A' and keep response times at current level (as measured from the time the alarm is called into the lacksonvillc Fire Rescue Department (JFRD) F-mergenq Communications Operator to the time that the first unit arrives on the scent); provided, however, that these is no inaease in the demand for service in Atlantic Beach. (c) Jacksonville agrees to issue, provide, and maintain all equipment which it deems necessary for delivery of the Advanced Life Support and Fire Services to Atlantic Beach. Jacksonville shall have sole dlsaetion to determine what equipment is necessary for delivery of such services. At a minimum, those services will include an Advanced Life Support Engine. (d) Jacksonville will be responsible for the provision of all personnel, including 2 .. , AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH, FLORIDA AND CITY OF JACKSONVILLE, FLORIDA THIS AGREEMENT, entered into in duplicate this _day of .199_, by and between THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal wrporation ("Atlantic Beach"), and the CITY OF JACKSONVILLE, FLORIDA, a consolidated county and municipal government extending territorially through the geographic boundaries of Duval County, Florida ("Jacksonville"). WITNESSETH: WHEREAS, residents and businesses located in Atlantic Beach can benefit from the Advanced Life Support and Fire Services offered by Jacksonville; and WHEREAS, Jacksonville will benefit from centralized communication and wordination relative to the delivery of Fire and Rescue Services; and WHEREAS, the parties hereto desire to provide a method for said residents and businesses in Atlantic Beach to have such use of the Advanced Jacksonville Life Support and Fire Services available in the manner and under terms and conditions specified herein; and WHEREAS, the addition of an Advanced Life Support fire engine and crew would benefit the citizens of Atlantic Beach and Jacksonville; and WHEREAS, Jacksonville desires to provide Advanced Life Support and Fire Services county wide; and WHEREAS, it is the intent of this Agreement to provide an effective, efficient means of delivering Advanced Life Support and Fire Services to Atlantic Beach residents, businesses; and 1 BE IT RESOLVED by the Council of the City of Jacksonville: 2 Section 1. The Mayor and Corporation Secretary are 3 authorized to execute an Agreement in substantially the form 9 attached hereto as Attachment "A" between the City of Atlantic 5 Beach and the City of Jacksonville providing for the City of 6 Jacksonville to provide Advanced Life Support and Fire Services to 7 the residents and businesses of Atlantic Beach and setting forth B the rights, obligations and liabilities of the parties. 9 Section 2. This Resolution shall become effective upon 10 signature by the Mayor or upon becoming effective without the 11 Mayor's signature. 12 13 Form Approved: 14 ~ . ., / 15 ",l Cl ' L ~ 16 Assistant Ge eral Counsel 17 18 19 20 21 22 2 3 VRR/11/1 ~/98/G:\SHARED\LEGIS.CC\REYNOLDS\ABFIRE.RES - 2 - 1 Introduced by the Council President at the request of the Mayor: 2 3 9 5 A RESOLUTION AUTHORIZING THE MAYOR AND 6 CORPORATION SECRETARY TO EXECUTE Aid AGREF,hiENT 7 BETWEEN THE CITY OF ATLANTIC BEACH AND THE B CITY OF JACKSONVILLE PROVIDING FOR THE CITY OF 9 JACKSONVILLE TO PROVIDE ADVANCED LIFE SUPPORT 10 AND FIRE SERVICES TO THE RESIDENTS AND 11 BUSINESSES OF ATLANTIC BEACH AND SETTING FORTH 12 THE RIGHTS, OBLIGATIONS AND LIABILITIES OF THE 13 PARTIES; PROVIDING AN EFFECTIVE DATE. 19 WHEREAS, residents and businesses located in Atlantic Beach 15 can benefit from the Advanced Life Support and Fire Services i6 offered by Jacksonville; and 17 WHEREAS, Jacksonville will benefit from centralized 18 communication and coordination relative to the delivery of Fire and 19 Rescue Services and from having a station in Atlantic Beach which 20 would enhance first response and provide back-up capabilities to 21 its other nearby fire operations; and 22 WHEREAS, the parties hereto desire to provide a method for 23 said residents and businesses in Atlantic Beach to have such use of 29 the Advanced Jacksonville Life Support and Fire Services available 25 in the manner and under certain terms and conditions specified in 26 a written agreement; now therefore, MANAGER: AGENDA ITEM NUMBER: contractual obligations, performance levels, and any problems that might arise. In the event that problems surface that can not be resolved over time, the proposed contract has a cancellation clause that will allow either party to cancel the contract with a year notice. 8. Relative to the expenses for services, the City of Atlantic Beach will save a little over $360,000 per year when compared with the 1998-99 budget for the Atlantic Beach Fire Department. This figure represents a conservative estimate, and it takes into consideration internal fees, building insurance, building maintenance (exterior only ), lawn care, lifeguard services, and other anticipated expenses that Atlantic Beach will continue to pay. The savings amounts to approximately $30,000 per month for Atlantic Beach, and it explains the staffs interest in providing this information for City Commission review/action on a timely basis. 9. Pension Issue: There are currently some unanswered questions relative to how the Atlantic Beach Firefighters' pensions will be handled. Pension legal professionals are currently reviewing this issue to determine the appropriate course of action and the possible options that may be available relative firefighter pensions. When there are firm decisions that have been reviewed and approved by legal staff, the information will be disseminated immediately. SUMMARY Advantages: The advantages of entering into the proposed agreement are fairly evident in the information provided above. Atlantic Beach citizens can receive a higher level of service at a better price. The firefighters will be absorbed into Jacksonville, which is what most of them want, and there are mechanisms to assure that the contract is followed appropriately. Disadvantages: The most significant disadvantage is intangible in nature. It is the loss of direct control . over the fire operations of the City of Atlantic Beach. Although there are safeguards intended to provide for input and communication between Atlantic Beach officials and Jacksonville officials,lacksonvillewill obviously have control over the details of the operations. If Atlantic Beach wants services that are not covered in the contract, then such additions may have to be negotiated with Jacksonville officials. RECOMMENDATIONS: VVe recommend the approval of the proposed contract between the Cities of Atlantic Beach and Jacksonville. ATTACHMENTS: See the proposed agreement and resolution which are being introduced in lacksonville on Tuesday, November 24, 1998. REVIEWED BY CITY response times. Response times, blood pressures, hydrant testing, and plan reviews are also provided in the proposed contract to assure that we do not eliminate such services to our community. 2. Jacksonville will hire all Atlantic Beach Fire personnel. Most firefighters will start with Jacksonville at entry level positions. Lieutenants will be taken in as Driver/Engineers, and the Acting Chief will be appointed to a Lieutenant position. Since almost every Atlantic Beach Firefighter is already on Jacksom-ille's hiring list, this should be acceptable to most of them. The Jacksonville Driver/Engineer and Lieutenant positions are consistent with the corresponding pay rates for these individuals in Atlantic Beach. 3. Jacksonville will be responsible for all hiring, staffing, and assignments in the future. However, there is a clause in the contract that will assure that Jacksonville firefighters will have a working knowledge of Atlantic Beach. This will eliminate the high cost of turnover and training that Atlantic Beach has experienced for many years. It will also eliminate labor negotiations with firefighters, and it will probably assure Atlantic Beach of having more experienced firefighters than they have been able to keep over the years. The recent committee that looked at morale in the Atlantic Beach Fire Department was supportive of some sort of merger with Jacksonville, and if Atlantic Beach does not proceed with such a system, we predict that its effect on morale will be extremely negative. Additionally, we believe that the Atlantic Beach and Jacksonville Fire unions will be very supportive of this proposal. 4. Atlantic Beach will provide the facilities at the Public Safety Building, from the fire bays through the new addition, for Jacksonville's use. Atlantic Beach will also provide all of its existing firefighting equipment to Jacksonville as part of the proposed agreement, with exception of two fire trucks which Atlantic Beach can sell. 5. Jacksonville will outfit and equip the station similar to its other stations including radios, computer terminals, alarms, and similar necessities. Although this will cost Jacksonville some money up front, the transfer of firefighting equipment from Atlantic Beach should balance out the costs. The Jacksonville radios and equipment will assure consistent communications, equipment compatibility, and training when firefighters are working major fires or other events together, and it will greatly enhance command and control on the scenes. 6. Jacksonville has agreed to honor all of the Atlantic Beach mutual aid agreements with neighbori ng jurisdictions. 7. Atlantic Beacli and Jacksonville will establish command level liaisons for reviewing the 8(s i/-1~-98 STAFF REPORT CITY OF ATLANTIC BEACH CITY STAFF REPORT AGENDA ITEM: Proposed Agreement for Fire Services with Jacksonville DATE: November 17, 1998 SUBMITTED BY: Jim Jarboe, City Manager David E. Thompson, Director of Public Safely Claude Mayo, Acting Fire Chief BACKGROUND: In the past, there have been repeated discussions relative to the possibility and feasibility of Jacksonville providing Fire Services to the City of Atlantic Beach. However, there were questions and concerns that prevented the City of lacksonville and the City of Atlantic Beach from being able to agree upon such issues as the levels of service to be provided, manpower issues, absorption of Atlantic Beach manpower, political feasibility, and other details. The report to the City Manager last year, relative to ongoing problems in the fire department, suggested that this possibility should be explored. The Commission directed staff to initiate discussions with Jacksonville relative to the feasibility of contracting with Jacksonville as a service provider for Fire and Rescue. Over time, [here have been changes in personnel in Jacksonville and Atlantic Beach, and [he communities themselves have grown and developed significantly. Over the past few months, there have been a series of meetings between Jacksonville and Atlantic Beach officials to examine the feasibility of Jacksonville providing fire services in Atlantic Beach. The following information is intended to provide a framework for the outsourcing of fire services to Jacksonville, and an evaluation of the advantages and disadvantages, and safeguards relative to such a system for Atlantic Beach citizens: Agreement Highlights I. Jacksonville will run an ALS Rescue L'nit and ALS Fire Unit out of the fire facilities at 850 Seminole Road. This will provide 24 hours ALS and Fire coverage, 7 days a week to Atlantic Beach citizens. Although this has been agreed upon, this will be further clarified in writing in Section 2 c of the agreement. This is an improvement over the existing service provided by Atlantic Beach. Atlantic Beach only provides a BLS level sen•ice to it citizens, and there is currently no rescue unit based in Atlantic Beach. This combination of units will greatly enhance the level of the emergency medical care for citizens, while maintaining fire responses consistent with Atlantic Beach ADMINISTRATION 4 2-356 Sec. 2-338. Scope of purchasing authority. The city manager shall have the authority to: (1) Award contracts within the purview of this division. Provided, that no purchase order or contract for an amount in excess of two thousand five hundred dollars (E2,b00.00) be executed without city commission approval unless there is an emergency involy- ing public health, safety or where immediate expenditure is necessary for repairs to city property in order to protect against further loss of or damage to the city property to prevent or minimize serious destruction of city property to prevent or minimize serious destruction of city services. In that event, the city manager shall report the action taken and expense incurred to the city commission; (2) Prepare purchase procedures necessary for the function of purchasing; (3) Act or procure for the city the highest quality in supplies and contractual services at least expense to the city; (4) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales; (5) Establish all rules and regulations authorized by this 3ivision and any others neces- sary to its operation; (6) Prescribe and maintain such forms as he shall find reasonably necessary to the operation of this division; (7) Prepare and adopt standard purchasing nomenclature for using agencies and suppliers; (3) Exploit the possibilities of buying in bulk so as to take full advantage of discounts; (9) Sign on behalf of the city any contract authorized by the city commission, excepting where the city commission directs that some other officer or officers shall do so. (Ord. No. 5-83-12, 4 4, 2-13-84) Sec. 2-338. Payments. Upon receipt of an invoice, confirmed by an approved purchase order and proof that the materials, supplies or equipment have been received or work completed, the director of finance shall pay such indebtedness, taking advantage of all discounts allowed. (Code 1970, 3 8-10) Secs. 2-340-2.355. Reserved. DIVISION 3. UNIFORM TRAVEL POLICY AND PROCEDURE' Sec. 2-356. Definitions. For the purpose of this division, the following words shall have the meanings indicated in this section: 'State law reference-Per diem and traveling expenses of public officers, employers and authorized persons, F.S. 4 112.061. 191 ADMINISTRATION 4 2-337 award of formal contracts. The city manager shall keep a record of all open market orders and orders for the purchase of supplies and services in accordance with the Public Records Act of the state and generally accepted accounting internal control procedures. (Ord. No. 5-83-12, § 3, 2-13-84) Supp. No. 18 190.1 ADMINISTRATION § 2-335 notice shall include a brief description of the services or supplies and shall state where bidding information may be secured and the time and place of opening bids. (Ord. No. 5-83-12, § 2, 13-84) Sec. 2.333. Same-Deposits or bonds. Bid deposits or bid bonds shall be required on all public works construction contracts with the dollar amount in excess of twenty-five thousand dollars ($25,000.00) except for mainte- nance contracts. Bid deposits or bid bonds may be required on all other contracts or purchase orders. When bid bonds or bid deposits are required, the requirement shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety pursuant to the requirements set forth in the public notice inviting bids. Further a successful bidder may be required to forfeit any surety or bid deposit required by the city upon failure on the bidders part to enter a contract within ten (10) days after the a•.°ard of a contract or as is otherwise required in the bidding documents. (Ord. No. 5-85-12, § 2, 2-13-84; Ord. No. 5-86-16, § 1, 5-27-86) Sec. 2.334. Same-Opening procedure. Bids shall be submitted sealed to the city manager and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. Tabulation of all bids received shall be available for public inspection and shall be furnished to all bidders upon request. (Ord. No. 5-83-12, § 2, 2-13-84) Sec. 2-335. Same-Award of contract. (a) Lowest responsible bidder. Contract shall be awarded to the lowest responsible bidder. In determining the lowest responsible bidder, in addition to price, the city commission shall consider: (1) The ability, capacity and skill of the bidder to perform the contract or provide the service required; (2) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder; (4) The quality of performance of previous contract or services; (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; (6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (7) The quality, availability and adaptability of the supplies or contractual services to the particular use required; Supp. Ko. 18 169 ADMINISTRATION § 2.315 Sec. 2.314. When contracts and expenditures prohibited. No otI-icer, department or agency shall, during any budget yeaz, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess oC the amounts appropriated pursuant to this Code. Any contract, verbal or written, made in violation of this Code shall be null and void. Any officer or employee of the city who shall violate this section shall be guilty of a misdemeanor and, upon conviction thereof, shall cease to hold his office or employment. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money Cor capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for services for a period exceeding the budget year in which the contract is made, when the contract is permitted by law. (Laws of Fla., Ch. 57-1126, § 67) Sec. 2.315. Encumbrances. (a) An appropriation shall be obligated for expenses properly chargeable against it as soon as the expense, or the liability therefor, is incurred. The director of f nonce shall establish an encumbrance system where appropriate, as required by the National Committee on Govern• mental Aaounting, that will accomplish this obligation and shall prescribe methods of docu- mentation so that an adequate audit trail is available as to the placing, modification and satisfaction or release of encumbrances. Once encumbered, appropriated funds shall be con- sideredobligated and unavailable for expenditures (except to satisfy the encumbrance), transfer or reappropriation, and obligated balances of appropriations remaining undisbursed at the close of the fiscal year shall be treated as provided in subsection (b). An encumbrance may be modified either to increase or decrease the amount of funds encumbered by it, but no increase in an encumbrance shall be larger than the amount of unobligated Cunds then remaining in the appropriation account. An encumbrance may be released, in whole or in part, to the extent that the funds so released are not needed to pay the expense Cor which they ware encumbered, and the funds thus released shall become unobligated funds in the appropriation account, except funds released from an encumbrance which is cazried over from a prior fiscal year, which shall be treated as provided in subsection (b). (b) The encumbered balance of an appropriation account at the end of the fiscal yeaz shall be carried over to and become a part of the appropriation account for the ensuing fiscal year, provided that the encumbrances outstanding at year end represent the estimated amount of the expenditures ultimately to result if unperformed obligations in process at year end are completed. The cazryover of an encumbered balance shall not release or discharge the encum- brances, but it sha;i ue subject to the provisions of subsection (a) in the ensuing fiscal yeaz, provided that funds released from an encumbrance which carried over shall become unappro- priated funds in the beginning Cund balance for the ensuing fiscal year. Encumbered balances carried over to the ensuing fiscal year shall not be reported as expenditures for the previous fiscal year, but as reservations oC fund balance for subsequent fiscal year expenditures. (Laws of Fla., Ch. 57-1126, § 68; Ord. No. 35-92-7, § 1, 10-12.92) s~Pp r: o. i3 188.1 L~ica! Law F/orida Ocpnrfnrnf Block Grants Ri 'Carnrnanify Affairs EEO Certification Letter - Subgront Recipient Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements - Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that I have read the Act criteria set forth in the Sub~rant Application Package and Instructions. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. 1 also affirm that the subgrant recipient (Initial one of the following): Does meet Act Criteria and does have a current EEO Program Plan. Does meet Act Criteria and does not have a current EEO Program Plan. Does not meet Act Criteria. I further affirm that rf the recipient meets the Act criteria and does not have a curcent written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Requires signature of authorized official: Type Name and Name of Subgrantee Organization: LLEBG SUbgrartt Appranon Pxkage EEO Certific~on levus Appendal- ape Local Law Enforcement Block Crants Program Florida Deparlmrnt of Commanity Affairs EEO Certification Letter -Implementing Agency Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -Implementing Agency Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that I have read the ACT criteria set forth in the Subgrant Application Package and Instructions. I understand thatrf the Implementing Agency meets these criteria, it must participate in the subgrant recipient's EEO Program or formulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. 1 also affirm that the Implementing Agency (Initial one of the following): Does meet Act Criteria and does have a current EEO Program Plan. Does meet Act Criteria and does not have a current EEO Program Plan. Does not meet Act Criteria. I further affirm that if the implementing agency meets the Ad criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law requires it to participate in such a program or formulate, implement, and maintain its own program within 120 days after a subgrant application is approved or face loss of federal funds. Requires signature of authorized official: Type Name and Name of Implementing LiEBG Subgran! Appt:Om Package EEO CertfKanon Levers ApperMa i -Pepe 3 Loca! Law Block Grants D~parlmenl ojCommtrniry Affairs EEO Program Certification Letters Each unit of government (subgrant recipient) and each criminal justice agency that is the implementing agency of the subgrant, whether or not it is required to have a written Equal Employment Opportunity (EEO) Program according to provisions of the Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended, must enclose signed EEO Certification Letters with subgrant applications. To receive a copy of the 28 Code of Federal Regulations (CFR Part 42, Subparts C, D, E, F, G and H.), contact Mr. Ted Court at 850/488-8016 or SUNCOM 278-8016. LLEBG Subg~artt ApplKatm Package EEO CeroFCaOOn Leaers Appendix I -Page 1 Loca/Law Enforcement Block Grants Program and administration. It would also have the capability for various sections and individuals to send or receive information directly to or from other sections or individuals in the department without creating paperwork to be copied and carried from place to place. This would not only enhance the level of communication and make it more timely, but it would provide records of the communications that could be accessed, searched, and reviewed in the future without having to "hand search" each and evey paper document. The immediate access to information on the a-mail system would greatly improve the dissemination of information throughout the department, while eliminating wasted space, equipment, and manpower that could be better utilized for other functions. 2. The purchasing and installation of this software will be in compliance with all existing Federal, State, and Local laws and regulations. 3. Not Applicable 4. Not Applicable SubFranf Application Parkag Apptndir // - 3 Scan Pitta/ Ytar /999 Local Law Enforcement Block Grants Program NOTE: For al! proposed ADP purchases, an ADP Equipment Form must be completed and submined to the Department of Community Affairs for approval. I.A. Description of Software: We expect to add at least two (2) software programs that will be installed on the computer network to improve reporting and information flow for patrol, investigative, and administrative purposes. B. The specification of the WindowNT software has been identified due to it widespread use in the industry and its capatibility with other software on the market. The a-mail software specifications are functional in nature, and as long as the software provides the capabilities that we are seeking on our network, then it may be acceptable. There are several products available that can compete for this in the bid process. However, our shopping the market at this point suggests that Microsoft has an excellent product that will meet our needs. It functions on WindowsNT, and it provides that electronic transfer capabilities and accountability necessary for departmeiii operations. I .C. There are two primary types of software that we are proposing to purchase and install as a part of this project. There is no hardware purchase necessary for this project, although it is possible that some minor upgrades may be necessary depending on the size of the software programs. The first part of this project will be to change the operating software on which the curttnt system functions. "This will involve a transition from Novelle to WindowNT. The reasons for making this change have been explained in the grant application, and it basically is intended to enhance the current system while providing for a greater variety of software programs that can be run on the system. This will not only improve the existing system, but it will result in a more competitive situation when selecting and bidding new programs necessary for law enforcement. The second part of the proposed project is to create an infra-departmental e- mail system that will eliminate repetitive data entry, speed the capture and dissemination of information, reduce the labor necessary for processing paperwork, and eliminate the endless copying of documents that must currently be done by staff members. functionally, the a-mail system will include the electronic transfer of reports from patrol officer to supervisor, and from supervisor to records, investigations, SabAranr Appliralian ParkaRs Apptndir I/ - 2 Slat Fiscal Y[ar /999 Loca/Law Enforcement Block Grants Program Automated Data Processing (ADP) Equipment Form Authorized Official for Subgrant Recipient Type Name: David E. Thompson Type Title: Director of Public Safety Signature: Telephone Number: (904) 247-5859 Date: November 11, 1998 /nformatiort must be provided to arleyuately respond to a// applicable issues listed below: 1. A description of the ADP hardware and/or software you plan to purchase, including: A. Number of units and projected cost of each; B. Equipment specifications including disk drive storage space, amount of random access memory, microprocessor size and speed, and any other pertinent system specifications. If a network is purchased, specify the type of the server, hub/routers, network cards, network wiring and installation costs. If a printer is purchased, indicate the type of printer including brand, model, dot matrix, laser, type of print (black or color), additional memory, and font cartridges. C. A brief description of how the proposed equipment will be used to further grant objectives. 2. Certify that ADP hardware and software procurement complies with existing federal, state, and local laws and regulations. Attach a copy of your current procurement procedures. 3. If ADP hardware will be purchased, describe the results of your lease/purchase analysis and explain the advantage of purchase over lease. 4. If ADP software will be developed, explain why already produced and available software will not meet the needs of this subgrant. Subgran~ Application ParkaSe Appendix // - / State Pisca! Year /999 Local Law Enforcement Block Grants Program Florida Department ojCommuniry Affairs G. Signature Page In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections including strikeovers, whiteouts, etc., on this page are not acceptable. MUST SUBMIT 2 ORIGINAL SIGNATURE PAGES State of Florida Department of Community Affairs Bureau of Community Assistance By: Type Name and Title: Date: Subgrant Recipient Authorizing Official o(Govemmental Unit (Commission Chairman, Mayor, or Designated Reprexntative) By: Type Name and Title: Mayor Suzanne Shaughnessy Date: FEID Number: Implementing Agency Official, Administrator or Designated Representative By: Type Name and Title: Jim Jarboe, City Manager Date: Subgmnt Application Package SFY /999 Appticaton Srnion /1-10 Local Law Enforcement B/ock Grants Program Florida Department ojCommuniry Affairs grantees and recipients receiving these federal funds, including but not limited to state and local governments, shall cleazly state: a. The percentage of the total cost of the program or project that shall be financed with federal funds, and b. The dollar amount of federal funds to be expended on the project or program. 33. Project Closeout Project funds which have been properly obligated by the end of the subgrant funding period will have 45 da~~s in which to be liquidated (expended). Any funds not liquidated at the end of the 45-dat~ period will lapse and revert to the department. A subgrant funded project will not be closed out until the recipient has satisfied all closeout requirements in one frnal subgrant closeout package. A check for the full amount of any unexpended funds must accompany the closeout package. 34. Background Check It is strongly recommended that all programs targetingjuveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 35. Eligibility for Employment in the United States The State of Florida will not intentionally awazd publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigratian and Nationally Act ("INA")J. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 36. Employment Preference for Former Members of the Armed Forces Recipients shall give suitable preference in the employment of persons as additional law enforcement officers or support personnel to members of the Armed Forces who were separated or retired involuntarily due to the reductions in the Department of Defense. Subgrant A-dicabon Package SFY t999 Apptication Section // - 19 Loea! Law Enforcement B/ock Grants Program Florida Department ojCommunity Affairs The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 30. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 ojPrrblic Law 101-121 set forth in "New Restrictions on Lobbying: /nterim Fina! Rule, "published in the Febrrmr-v 26. /990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agen award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 3/, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: a. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influ-:nee an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. c. The undersigned shall require that the language of this certification be included in awazd documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 31. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 30 of Section F, Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the state Legislature or a state agency is prohibited under this contract. 32. Statement of Federal Funding Percentage and Dollar Amount When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, all .Sabgranr Application Package SFY 1999 Application Section // - /8 Local Law Enforcement Block Grants Program Florida Department of Community Affairs employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 27. Criminal Intelligence System The purpose of the federal regulation published in 18 CFR Part 13 -Criminal Intelligence Sr-steers Operating Po/icier is to assure that recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime CoflTi~d7 ait71 meets Act oj1968. 42 U.S.C. 3701, et se9., as amended (Pub. L. 90-351, as amended hr Pub. L. 93-83, Pub. L. 93-4lS, Pub. L. 94-430. Pub. L. 94-503, Pub. L. 95-115, and Prrh.L. 96-/57), use those funds in conformance with the privacy and constitutional rights of individuals. The recipient and a criminal justice agency that is the implementing agency agree to certify [hat they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) ojthe Omnibus Crime Control and Saje Streets Acl oj1968 as amended and comply with criteria as set forth in 28 CFR Part 13 -Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Fornrrrla Grant Program Geridance. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or criminal justice agency operates a criminal intelligence system and doer rrot meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant funded criminal intelligence system project to be incompliance with the Act and federal regulation prior to the award of federal funds. The recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The department's approval of the recipient agreement does not constitute approval of the subgrant funded development or operation of a criminal intelligence system. 28. Non-Procurement, Debarment and Suspension The recipient agrees to comply with Erecutive Order 11549. Debarment and Suspension (34 CFR. Part 85. Section 85.510, Pw-dcipant's Responsibilities). These procedures require the recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the department. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 29. Payment Contingent on Appropriation Subgranr Application Package SFY f 999 Application Section // - f 7 Local Law Enforcement Block Grants Program Florida Department ojCommunity Ajjairs National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime." iii. "Points of view, opinions, and conclusions expressed in this report aze those of the recipient and do not necessarily represent the official position or policies of the State of Florida Department of Community Affairs, the U.S. Department of Justice, Office of Justice Programs, or any other agency of the state or federal government. 25. Equal Employment Opportunity (EEO) All recipients are required to comply with nondiscrimination requirements contained in various federal laws. Specifically, the statute that governs programs or activities funded by the Office ojhtstice Programs (OJP) (Section 809(c), Omnibus Crime Control and Saje Streets Act of/968, as amended, 42 U.S.C. 3789d, prohibits such discrimination, as follows: No person in any State shall on the grounds of race, color, religion, national origin, sex [or disability]' be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, or denied employment in connection with any program or activity funded in whole or in part with funds made available under this title. "`Section S04 ojlhe Rehabilitation Act of /973 prohibits identical discrimination on the basis ojdisabiliR'. The recipient acknowledges, by completing and signing the attached EEO Certification Letter (Appendix I), [hat failure to submit an acceptable Equal Employment Opportunity Plan approved by the Office for Civil Rights (if recipient is required to submit one pursuant to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of funding obligation authority. Submission of this certification letter is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have /20 dats after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice Svstem /mprovemenl Act oj/979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) ojlhe Act. 42 U.S.C. 3783 (a) and CFR Section 42.207 Compliance Information). If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability or age against a recipient of funds, the recipient must agree to forward a copy of the findings to the OJP Office for Civil Rights. 2F. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to Subgrant Appticotion Parkage SFY J999 Application Section /t - /6 Local Law Enforcement Block Grants Program Florida Department oJCommunity Ajjoirs The recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the department or purchased pursuant to this agreement according to federal property management standazds set forth in the Office of Justice Programs' Financial Gtiide (as amended), the U.S. Department of Justice's Common Rule for State and Loca! Government or the federal OMB's Circular A-I10, Attachment N. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 22. Disputes and Appeals The department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the department's decision. If the recipient appeals the department's decision, it shall be submitted in writing to the department's clerk (agency clerk) within twenh~-one (21) calendar days of receipt of notificatiat. The recipient's right to appeal the department's decision is contained in Chapter 120. Flm•ida Statutes, and in procedures set forth in Chapters 28-5 and 9-S. Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 23. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, representatives of the Department and/or the U.S. Department of Justice's Bureau of'lustice Assistance have the privilege of visiting the project site to monitor, inspect and :~~~s~ work performed under this agreement. 24. Publication or Printing of Reports a. Before publication or printing, a final draft of any report required under or pertaining to this agreement shall be sent to the bureau for its review and comment. b. Publications or printed reports covered under paragraph a. above shall include the following statements on the cover page: "This report was prepared for the Florida Department of Community Affairs, in cooperation with the U.S. Department of Justice, Bureau of Justice Assistance." The next printed line shall identify the month and year the report was published. ii. "This program was supported by grant # awazded to the Department of Community Affairs, State of Florida, anttbyZtre Bureau of Justice Assistance (B1A), Office of Justice Programs (OJP), U.S. Department of Justice. The BJA is a component of OJP which also includes the Bureau of Justice Statistics, Subgrant Application Packagt SFY 1999 Appucation Section // - 1 S Local Law Enforcement Block Grants Program Florida Department ojCommunity AJjairs d. The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The recipient shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the department. f. If this agreement is closed out without an audit, the department reserves the right to recover any disullox~ed costs identified in an audit completed after such closeout. g. The completed audit reports should be sent to the following address Department of Community Affair Office of Audit Services 2555 Shumard Oak Boulevard Sadowski Building Tallahassee, Florida 32399-2100 113. Project Expenditures All recipient expenditures shall be identified on Form LLEBGP-001 (Project Expenditure Report), prescribed and provided by the department. Project Expenditure Reports shall be submitted to the bureau on a quarterly basis, as specified in Section F., Paragraph I.a. All claims for funding shall be submitted in sufficient detail for proper pre-audit and post- audit. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 19. Retention of Records The recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 20. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs' Financial Guide (as amendedj, the U.S. Department of Justice's Common Rule jot State and Local Governmetu) or the federal OMB's Circular A-110. Attachment N, Paragraph Eight (8). 21. Property Accountability Subgrant Application Package SFY /999 Application Srclion !/ - /4 Local Law Enforcement Block Grants Program Florida Department of Community Affairs 15. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. [n such event, the department shall notify the recipient of its decision thirh~ (30) davs in advance of the effective date of such sanction. The recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 16. Access To Records The Department of Community Affairs; the U.S. Department of Justice, Office of Justice Programs, Bur?au of Justice Assistance; and the Auditor General of the State of Florida, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs' Financial Guide (as nmendedj, the U.S. Department of Justice's Common Rule jor Slate and Local Government). The department reserves the right to unilaterally terminate this agreement if the recipient, implementing agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject [o provisions of Chapter //9. Florida Statutes, and made or received by the recipient or its contractor in conjunction with this agreement. 1'. Audit a. The recipient shall provide to the department one copy of an annual audit conducted in compliance with The Sing/e Audit Act of /984, P.L. 98-502. The audit shall be performed in accordance with the federal OMB's Circular A-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule ojFederal Financia/Assistance. The contract shall be identified as federal funds passed-through the Florida Department of Community Affairs and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient shall submit an annual financial audit which meets the requirements of Sections 1 /.4S and 2/6.349. Florida Statutes; and, Chapters IO.SSO and 10.600. Rides ojthe Floridn Auditor General. b. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than seven (7) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the department and will be returned to the recipient. c. The recipient shall have all audits completed by an independent public accountant (IPA). 7 he IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. Subgran~ Application Oackagt SFY 1999 Application Srction // - /3 Loca! Law Enforcement Block Grants Program Florida Department ojCommunity Ajfarrs 12. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed sir (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 13. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of the recipient and the consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, wiles: a. Supplies or services to be furnished by the consultant were obtainable from other sources; b. The department ordered the recipient in writing to procure such supplies or services from other sources; and c. The recipient failed to reasonably comply with such order. Upon request of the recipient, the department shall ascertain the facts and the extent of such failure, and if the department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 14. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for funding under this subgrant. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. Subject to the above requirements, Project Generated Income may be used by the recipient for Program Purpose Area activities. Subgran~ Appliration Package SFY 1999 Application Sertion !/ - !2 Local Law Enforcement Block Grants Program Florida Deparlmen/ ojCommunity Affairs Finance and Accounting ~ 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 9. Written Approval of Changes in this Approved Agreement Recipients shall obtain written approval from the department for major changes to this agreement. Major changt*stttZ'lude, but are not limited to: a. Changes in project activities, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criteria A recipient may over-expend a budget category as long as the total amount of over- expenditure is l0 percent or less of that approved budget category total and the over- expenditure ismade for an approved budget line item; such over-expenditures do not allow for increasing the quantitative number of items documented in any approved budget line item (for example, the number of staff positions or equipment items); in addition, the funds used to cover the over-expenditure will result in a decrease of the source budget category total and shall not exceed 10 percent of the source budget category total. Under no circumstances can transfers of funds increase the total budgeted award. 10. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to available federal Local Law Enforcement Block Grant funds. 1 I. Commencement of Project If a project has not begun within si.rh• (60) days after acceptance of the subgrant award, the recipient shall send a letter to the bureau requesting approval of a new project starting date. The letter must outline steps to initiate the project, explain reasons for delay, and specify an anticipated project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the bureau, again explaining reasons for delay and requesting approval of a revised project starting date. Upon receipt of the nineh• (90) day letter, the department shall determine if the reasons for delay are justified or shall, at its discretion, unilaterally terminate this agreement and deobligate subgrant funds to other projects approved by the department. If warranted by extenuating circumstances, the department may extend the starting date of the project beyond the nineh (90) day period, but only by a formal written amendment to this agreement. .subgrant Application Package SFY /999 Application .Sertion //- // Loca! Law Enforcement Block Grants Program Florida Department ojCommunity Affairs 5. Approval of Consultant Contracts The department shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial Gzzide (as amendedj, the U.S. Department of Justice's Common Rule for State and Local Governments, and in applicable state statutes. The department's approval of the recipient agreement does not constitute approval of consultant contracts. 6. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standazds for Selected Cost Hems" set forth in the Office of Justice Programs' Financial Gzzide (as amendedj, the U.S. Department of Justice's Cozrzmon Rzrle for State And Local Governments and federal OMB's Circzlar No. A-87, "Cost Principles for State and Local Govemments", or OMB's Circular No. A-11, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice's Corr:nzorz Rzrle jor• State and Loca/Governments, or Attachment "O" of OMB's Circular No. A-110 and Florida Law to be eligible for funding under this subgrant. 7. Travel All expenses for travel out-of--state orout-of-grant-specified work area shall be based upon written approval of the department prior to commencement of actual travel. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section /12.06/. Florida Statutes. All bills for any travel expenses shall be submitted according to provisions in Section 112.061. Florida Statutes. 8. Modification of Contract; Repayments Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writtng, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier SubRmnr AppticNion Packogt SFY 1999 Applicapon Section // - /0 Local Law Enforcement B/ock Grants Program Florida Department ojCommunity Afjoirs b. Other Reports: The recipient shall submit other reports as may be reasonably required by the bureau. All required reports, instructions, and forms shall be distributed with the subgrant award. 2. Lump Sum Payment and Establishment of Trust The department shall award program funds to the recipient in one, lump sum payment. The recipient must establish an interest-bearing trust fund to deposit program funds. The term "trust fund" is defined as an interest-bearing account that is specifically designated for this program. Only allowable program expenses can be paid from this account. This fund may not be utilized to pay debts incurred by other activities beyond the scope of the program. T'6be in compliance with the trust fund requirement, a recipient's account must include the following four features: a. The account must eam interest; b. The recipient must be able to account for the federal award amount; c. The recipient must be able to account for the local match amount; and d. The recipient must be able to account for the interest earned. If these requirements can be met within the recipient's current financial management system, there is no need to establish a separate account. 3. Fiscal Control and Fund Accounting Procedures The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the bureau. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs' Financial Guide (as amendedj, the U.S. Department of Justice's Common Rule for State and Local Governments, and in the federal Office of Management and Budget's (OMB s) Circulars A-7/, A-87, and A-110, in their entirety). All funds not spent according to this agreement shall be subject to repayment by the recipient. 4. Compliance with "Consu/[ant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy all requirements provided in Section 2B7.055, Florida Statutes, known as the "Consultant's Compe[itive Negotiation Act ". Subgmnt Application Package SF7' /999 AppGeotion Se[Yion //- 9 Loea! Law Enforcement Block Grants Program Florida Depanrnent ojCommunity Afjairs criminal activities, and it may lawfully be utilized as a source for matching funds for law enforcement grants. The funding is identified in a fund which is separate from the Police Department annual budget, and it requires specific review and approval by the Atlantic Beach City Commission. F. Acceptance and Agreement All persons involved in or having administrative responsibility for the subgrant must read these "Acceptance and Agreement" conditions. This "Acceptance and Agreement" (Section F) must be returned as part of the completed application. Note Condition No. 14: Only project costs incurred on or after the effective date of this agreement and on or prior to the termination date of a recipient's project are eligible for funding under this subgrant. Conditions of Agreement. Upon approval of this subgrant, the approved application and the will become binding. Non-compliance will result in project costs being disallowed. Definitions. The term "department", unless otherwise stated, refers to the Department of Community Affairs. The term "bureau",unless otherwise stated, refers to the Bureau of Community Assistance. The term "subgrant recipient" refers to the governing body of a city or a county or an Indian Tribe which performs criminal justice functions as determined by the U.S. Secretary of the Interior, and includes an "implementing agency" which is a subordinate agency of a city, county or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriffor Clerk of the Court). 1. Reports a. Financial Reports: The recipient shall submit Quarterly Project Expendi[ure Reports (Form LLEBGP-001) to the bureau by February~y I, August I, and November 1 covering subgrant project expenditures during the previous quarter. (See Paragraph 18. Project Expenditures) A final Project Expenditure Report and a Criminal Justice Contract (Financial) Closeout Package (Form LLEBGP-003) shall be submitted to the bureau within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final." subgrant App/icarion Package SFY /999 Application Section // - 8 Local Law Enforcement Block Grants Program Florida Department ojCommunity Affairs E. Project Budget Narrative must describe line items for each applicable Budget Category for which you are sting subgrant funding. Provide sufficient detail to show cost relationships to project ties. In addition, describe your specific sources of matching funds. JSource of match be cash and represent no less than ten (10) percent of the project's cost.J Start below and use continuation pages as necessary. 1. The Atlantic Beach Police Department currently runs its reporting system on a computer network that connects roost of the workstations within the department. This allows the workstations to share files from a central file server, while also sharing the software and hardware necessary for department operations. The network has been in place for several years, and certain upgrades are necessary to keep up with various reporting requirements and informational needs. A new incident reporting system is currently being installed on the existing system. This system will greatly reduce data entry while enhancing the capture and retrieval of information for patrol, investigative, and administrative purposes. While reviewing various software packages, evaluating current needs, and looking toward the future, it is apparent that upgrading our current network software from Novelle to WindowsNT would be beneficial now and in the future. We found that numerous software packages available today require the WindowsNT format. We are restricted in our future operations without updating to this system. The reporting software that we are currently installing will run on Novelle or Windows. However, there arc significantly more capabilities and choices with the NT system. Additionally, there are other software programs that we would like to add to our capabilities that will not run on Novelle. For this reason, we are unable to accomplish some of the key functions that arc necessary in a police agency. 2. One of the objectives in the computer networking was to establish an infra-departmental e- mail system that would enhance communications and eliminate excessive paperwork, copying, and time consuming labor. There are several good software packages that are available to accomplish this objective. (However, they typically need a WindowNT system to function). We would like to install such an a-mail system that would provide for the electronic transfer of reports, memos, policies, investigative information, field intelligence reports, and similar information. This would speed up that communications process while eliminating duplicative data entry. It would greatly improve the infra-departmental communication resulting in improved investigative information. The communication and reporting functions are basic law enforcement functions, and they qualify under Section D 1 c above. Matching Funds: We will utilize contraband forfeiture money to provide the matching funds for this project. This funding is regulated by State Law, and it is not a part of the normal operating funding for the Police Department. I[ is money that was seized as a result of illegal Subgraat Application Package SFY /999 Application Section // - 7 Local Law Enforcement Block Grants Program Florida Department ojCommunity AJJ'airs PROJECT BUDGET SCHEDULE SUMMARY (Totals For Al! Program Purpose Areas) Federal Loca/ Budget Category Funding Government Total Cash Match 0 0 0 Salaries and Benefits 0 0 0 Contractual Services 0 Expenses 10,000 1,111 11,111 Operating Capital Outlay 0 Indirect Costs 10,000 l,l I I 11,11 i Totals Subgrant Application Package SFY l999 Application Section n - 6 Local Law Enforcement Block Grants Program Florida Department of Community Affairs 3. Salaries and Benefits 0 Contractual Services 0 Expenses 0 Operating Capital Outlay 0 Indirect Costs 0 ..a. ~ "~ 5.. 'rt 6' W ~ v/G . 4. Salaries and Benefits 0 Contractual Services 0 Expenses 0 Operating Capital Outlay 0 Indirect Costs 0 - ~'' : <. ~ >:. ,, ,, ten, , ~i 5. Salaries and Benefits 0 Contractual Services 0 Expenses 0 Operating Capital Outlay 0 Indirect Costs 0 ' ::.. .ir r ~: ""~' .. ..r / 1: ~. / lrH...r.:: :! .'//. r! / rip; ~. Salaries and Benefits 0 Contractual Services 0 Expenses 0 Operating Capital Outlay 0 Indirect Costs 0 ; i ~ //H !/ /~%/i i %ri %/~ '. // ~/ /iti 7/ ' / r, a,r ,,,, /, / ,,, ;%;, i// Y,f i , 4 y ~ r. iv i,/ ; o i/ uo/y .i S„„ rar ir' 7. Expenses 0 Indirect Costs 0 ,: Suhgran~.-Ipplieaiinn pacAwge SFY J999 Applirafion Sertian // - 5 Loca! Law Enforcement Block Grants Program Florida Department ojCommunit}~ Affairs Ineligible Use of Funds. The following items may not be purchased, leased, rented or acquired with funds provided under the Local Law Enforcement Block Grants Program: Tanks or armored vehicles Yachts Fixed-wing aircraft Real Estate Limousines Consultants Vehicles not primarily used for law enforcement PROJECTBUDGETSCHEDULE (T}pe or Print Do!!ar Amounts in Applicable Categories and Leave Others Blank.) Program Purpose Area/ Federal Local Budget Category Funding Government Total Cash Match l.a. Salaries and Benefits 0 Indirect Costs 0 I.b. Salaries and Benefits 0 Contractual Sen•ices 0 Indirect Costs 0 ... Lc. Expenses 0 Operating Capital Outlay 10,000 1,111 1l,lll Indirect Costs 2. Salaries and Benefits 0 Contractual Services 0 Expenses 0 Operating Capital Outlay 0 Indirect Costs 0 ~ - i~/ ~ / %/~/~ / ~~// / ~ r //. . /~% ~. /~ %ii ..... % .i •. i /. .. i i, i.: . i i/.. i . i. i i.. ..i .. . ..~ iii. i i / i ~ /// . Program Purpose Area/ federal Local Budget C'utegory Funding Government Total Cash Match SuAgrunr : ipp/irurion Purkagr SFl" 1999 App(iealion Srrtion // - 0 Local Law Enjoreement Block Grants Program Florida Department ojCommunity AJjairs b. Paying overtime to presently employed law enforcement officers and necessary support personnel for the purpose of increasing the number of hours worked by such personnel. c. Procuring equipment, technology, and other material directly related to basic law enforcement functions. 2. Enhancing security measures in and around schools, and in and around any other facility or location that the unit of local government considers a special risk for incidents of crime. 3. Establishing or supporting drug courts. To be eligible for funding, a drug court program must include the following: a. Continuing judicial supervision over offenders with substance abuse problems, but who are not violent offenders; b. Integrating administration of other sanctions and services, which shall include: i. mandatory periodic testing of each participant for the use of controlled substances or other addictive substances during any period of supervised release or probation; ii. substance abuse treatment for each participant; iii. probation or other supervised release involving the possible prosecution, confinement, or incarceration because of noncompliance with program requirements or failure to show satisfactory progress; and iv. programmatic, offender management and aftercare services such as relapse prevention, vocational job training, and job and housing placement. 4. Enhancing the adjudication of cases involving violent offenders, including cases involving violent juvenile offenders. For the purposes of this program, violent offender means a person charged with committing a Part 1 violent crime under the Uniform Crime Reports. 5. Establishing a multi jurisdictional task force, particularly in rural areas, composed of law enforcement officials representing units of local government. This task force will work with Federal law enforcement officials to prevent and control crime. 6. Establishing crime prevention programs involving cooperation between community residents and law enforcement personnel to control, detect, or im~estigate crime or the prosecution of criminals. 7. Defraying the cost of indemnification insurance for law enforcement officers. Subpanl App(iration Parka,~e SiY /999 Appliralion Srrtion /! - 3 Local Law Enforcement Block Grants Program Florida Department ojCommunity AJjairs B. Administrative Data 1. Project Title (Not to exceed 36 characters, including spaces). Network Software Enhancements 2. Project Period. Period Month Day Year Beginning arch 1 1999 Ending ctober 0 1999 C. Fiscal Data A warrant for the lump sum grant award will be sent directly to the Chief Financial Officer identified by the recipient in Section A.2. 2. Vendor # (Enter Federal Employer Identification Number of Subgrantee): #59- 6000267 3. SAMAS # (Enter if you are a state agency): n/a D. Program Purpose Areas and Project Budget Schedule Local Law Enforcement Block Grants Program funds may be used for one or more of the Program Purpose Areas below. In the Project Budget Schedule that follows, indicate the Program Purpose Areas you plan ~~Pf'PdJect's cost. All or any portibtftSf funds allocated under this title may be used to contract with private, nonprofit entities or community-based organizations to carry out the purposes of this Program. 1. Law Enforcement Support for: a. Hiring, training, and employing on a r-ontinuing basis, new additional law enforcement officers and necessary support personnel (if funds are used to hire law enforcement officers, there must be a net gain over the unit of local government's current appropriated budget, in the number of law enforcement officers who perform ron-administrative public safety service). SuAgranr Appliru~ion Package SFY /999 Applieation Sedian // -1 Local Law Enforcement Block Grants Pro,Qram Florida Department oJCommunity Affairs DCA Contract Number: County Name DUVAL A. Names & Addresses 1. Subgrant Recipient._City of Atlantic Beach_ Name of Chief Elected Official: Title: Address: Zip Code: Area Code and Telephone Number: SUNCOM Number: Area Code and Fax Phone Number: 2. Chief Financial Officer. Name of Chief Financial Officer: Title: Address: Zip Code: Area Code and Telephone Number: SUNCOM Number: Area Code and Fax Phone Number: Nelson Van Liere Finance Director 800 Seminole Road, Atlantic Beach, FI 32233 ( 904) 247 -5800 852-5800 ( 904) 247 - 5805 3. Implementing Agency._City of Atlantic Beach (Government Agency Responsible for Project) Name of Chief Executive Official: Title: Address: Zip Code: Area Code and Telephone Number: SUNCOM Number: Area Code and Fax Phone Number: Suzanne Shaughnessy Mayor 800 Seminole Road, Atlantic Beach, FI 32233 ( 904) 247 -5800 852-5800 ( 904 ) 247 -5805 Jim Jarboe City Manager 800 Seminole Road, Atlantic Beach, FI 32233 ( 904) 247 -5800 852-5800 (904 ) 247 -5805 4. Project Director. (Employee of Governmental Implementing Agency) Name of Project Director: David E. Thompson Title: Director of Public Safety ;Mailing Address: 850 Seminole Road, Atlantic Beach, FI Street Address: SAME Zip Code: 32233 Area Code and Telephone Number: (904 ) 247-5859 SUNCOM Number: 852-5859 Area Code and Fax Phone Number: (904 ) 247-5867 SuApom .4pplirminn ParkoFe S£Y / 999 App/ira~ion Stction // - / October 22, 1998 Page Two If the application is postmarked later than December 31, 1998, the applicant will not be eligible for funding. If you are working in a Windows environment and use WordPerfect 6.1 for Windows, you may obtain the application package and required forms on diskette by returning the enclosed form to Mr. Ted Court, Planner IV, at the address listed above. You will need to forward a blank diskette along with your request. An electronic copy may also be requested using the department's electronic mail system which can be accessed via the Internet. Direct your request to the attention of Mr. Clayton H. Wilder at: clayton.wilderQdca.state.fl. us We look forward to working with you. If you have any questions or if we can provide you with any assistance, please contact Mr. Clayton H. Wilder, Community Program Administrator, or Mr. Ted Court, Planner IV, at 850/488-8016. Sincerely, ~~~~~, !7l~l~~~ Rosa M. Morgan, Chief Bureau of Community Assistance RMM/CW/mb cc: Project Directors STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Helping Floridians create safe, vibrant, sustainable communities' LASVFON CHILES JAMES F. MURIET c°°""°r October 22, 1998 xcre,ary The Honorable Suzanne Shaughnessy Mayor of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32333-5445 Dear Mayor Shaughnessy: The State of Florida has received an award of federal Local Law Enforcement Block Grants Program funds for State Fiscal Year 1998/1999 totaling $586,261. In accordance with the provisions of the Omnibus Appropriations Act of 1996 (Public Law 104-134), the Department of Community Affairs, Bureau of Community Assistance, has allocated $10,000 of these funds for use by the City of Atlantic Beach. The amount of the allocation is based on locally-reported Part I crime statistics and is contingent upon a 10 percent cash match of the total project amount by the local government. Funds will be disbursed up-front to the recipient in one lump sum. In the event it becomes necessary to revise this allocation, you will be notified immediately. Allocations may be used for one or more Program Purpose Areas specifically defined in the application kit. Eligible activities include law enforcement support (hiring, overtime and equipment), crime prevention, enhancing security measures, establishing drug courts, enhancing adjudication, developing multi-jurisdictional task forces, and defraying indemnification insurance costs. To apply for funds, please complete the enclosed application and return it as soon as possible, but not postmarked later than December 31, 1998, to Mr. Clayton H. Wilder, Community Program Administrator, at the following address: Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 2555 SHUMARD UAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom'278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: htlp://www.state.fl.us/comaff/dta.html i1011DA QTS G18N SwAAt1 RXON ROY0IIKAYF[f OfFitE Hv dCnx/ Lae Cacem Fek Orre kn d fnfa,t fut CuKem feNOrae t.0. h 1077 77950+exa Ni~rar, SWe 117 75f Faa Lremein IlW N.W.1iR esa sunhm, 7lvA 17c51F7771 lab.,aaid, 11616/M7 74Rflai4 171514@7 REVIEWED BY CITY AGENDA ITEM NUMBER: $F ~I-Z3-q8 STAFF REPORT CITY OF ATLANTIC BEACH CITY STAFF REPORT AGENDA ITEM: GRANT APPLICATION DATE: November 12, 1998 SUBMITTED BY: David E. Thompsonn, Director of Public Safety BACKGROUND: The Police Department recently became aware of Local Law Enforcement Block Grant funding that can be used for specific Police purposes. The amount set aside for Atlantic Beach for the upcoming grant cycle is $10,000. Under the guidelines of the grant, upgrades in law enforcement systems designed to accomplish basic law enforcement functions is an appropriate use for these funds. The grant funds 40% of the project, with a 10% match required from the City. It is an appropriate expenditure of contraband forfeiture funding to use it for matching grants, and the Police Department has sufficient money in this account to cover the $1,111 required to match the grant. The Police Department has completed a grant application for this funding. The project itself is designed to upgrade computer networking software to WindowsNT, and to add an intra- departmental a-mail system for improved communications management. The approximate purchase and installation costs will be close to the total money allocated under this grant. By using the contraband /forfeiture funds to match the grant, this project will not require the expenditure of any general fund money for this project. RECOMMENDATIONS: We recommend the approval for the Mayor and City Manager to sign the grant application for this project. If the grant is approved by the Department of Community Affairs, then it will be necessary to come back to the City Commission to authorize the expenditure of the contraband/forfeiture funds for matching the grant funds. ATTACHMENTS: See Grant Application ~~ 1/- Z3-98 STAFF REPORT CITY OF ATLANTIC BEACH CITY STAFF REPORT AGENDA ITEM: Radio Purchases DATE: November 9, 1998 SUBMITTED BY: David E. Thomp on, Director of Public Safety BACKGROUND: The Department of Public Safety needs to purchase additional 800 MHZ radios so that we have radios available when existing radios need repairs. At the current time, we do not have radios available to replace radios that are malfunctioning or in need of repairs. The reason that this need City Commission approval is because of anew account that was set up last year. This account is funded through fine and forfeiture money from civil violations including traffic citations. There is a fee included in the fines that includes funding restricted for emergency communications equipment. As of September 30, 1998, there was a little over $19,800 in the account. Since this account is relatively new, we do not have a budget for spending funds out of the account. We are seeking approval from the City Commission to spend an amount not to exceed $5,000 on radios and emergency communications equipment from this account during the 1998-99 fiscal year. We expect to purchase five (5) mobile radios f-om the account, and we may need to add several portable radios in the near future. All expenditures will be in compliance with City Purchasing guidelines. RECOMMENDATIONS: We recommend that approval of $5,000 from the account discussed above for the purchase of emergency communications equipment for police, fire, and lifeguards. ATTACHMENTS: None <--7 REVIEWED BY CITY MANAGER: AGENDA ITEM NUMBER: ~- Nov-19-98 09:24A Duval County EOC 904 630-7820 P_04 Pa;e 3 - L MS Swpe of Work for City of Athmtic Bach , Fbrida FLzardous materials sits Hismsial Flood Dan D. Actively engage in the collection of dm and mdse for program and policy initiatives ro finWer p~onwte effective haatd mitigation u the nnmiciptl kveL F. Participate m the identification of potemial ftmding sources for mitigation initiatives for the ttatnicipaliry and We Consolidated City of Jackwvnik, Fbrida. hov-19-98 09:24A Duval County EOC 904 630-7820 P-03 Page 2 - I.MS Scope of Work for the City of Atlantic Besc6 , Florida C. Participle in the review and mision of evaluation criteria and proccdtua. D. Provide all twnieipal dm needed for identification and analyse of the eQectivemss of all eaisemg r®icipl policies, ordimoces and prog<mts with the potential for rednciag loss of life and property as a result o[ a disaster; partic~ate m the review and revision of the Cotnnmity Guiding Principle. Q. Second Sabomtraet Jktlrerabka Dae October 9,19lg The Ciry of Atlantic Bach shall provide the Contotidated City of Jacksonville with the following de6vcrabla: A. the development of a single list of aB-hands mitigation gosh: and objectives and provide m analysis sod ways to strengthen policies, ordinance and programs for the City of Athmtic Beach B. Identify atd submit munieipl dw sotum f« hazed identification and vulnerability assesmteot (HIVA) and participate m the county-wide HIVA process. C . Participate m the identification of private sector intereab and mtThods for private sector invoheatem m the 1.MS process. IIL Third Sabee~tratt Deliverable Dax April !, I!!9 The City of Athnttie Bach shall provide a the Canwlidated City of Jacksonville the following deliverable: A. Aasistmce m the eretion of a multi-hazard mup cowry-wide that ioehda the areas vtiloerable b slam nnga, ialmd tkwdiog and wind; Provide tables iistmg the reulq of rink analyse wig m etimee of pmential casq and me Itkeh'hood of specific tropical cyclone cveoq a approptuk b the Ciry of Atbmtie Heac6 . B. Gather and provide the foBowiog mfomstioo for the City oC Atlmtic Beach Critical facilities inventory Coo-y:istioa of a hat of public twldmgs and fatilitia Repetitive lens daq ~ fiov-J9-98 09:24A Duval County EOC 904 630-7820 p-02 ATTACHMENT A SCOPE OF WORK LOCAL MTI7GATION STRATEGY CITY OF ATLANTIC BEACH, FLORD)A PURPOSE The City of Atkntic Heath shall assist the Consolidated Ciry of luksotrvilk is the developmem of aaall-hazards Local Mitigation strategy (LMS ). By patricipating in the Joist Camty/Ciry Lain Mitigation Strategy prxeu, The Ciry of Atlantic Beach agrees m folbw the criteria established m'~ t.ryt Mi«e ti- «- ~~« A ~~- =_ k fa Florida Cities a+!.t C~~• to achieve a single mtifwdsll-hazards LMS for the Consolidaad Ciry of Jakwnvilk, Florida. SUBCONTRACT A :.rbwntraet shall be executed between the Ciry of Atlantic Beach and the Conwlidamd Ciry of Jacksonville conveying the appropriate terms std toedieotu of the SCOPE OF WORK which supplements the Caatruror's work m Contrsct Number 99-LM~H-04-26-01-016, as desmbed hercinafler. PAYMENT AND DELIVERABLES SCHEDULE This is a Fixed- fee subcontract for • mtal amount not m exceed fifteen thouwd dotlaa (S I5,00p ). The Floruh Deparaoeet of Commtmity Affair may pay compensaCOn at the end of each contract period i[ the Deparmtent determines that the Contractor hu uriefacmrily computed the specified uQVities and deliverables. At the end oC the lien contract period the contractor w81 be paid 20SG of the total contract amamt, 2/Y%. st the cod of the second contra[ period, 40% at the cod of the third wntraet period, sod the remaining 20% of the tool contact amount at the end of the fourth quaraer and foul contra[ period. The final deliverable shall be a compiled all-hoards Local Mitigation Strarcgy document. Payments from the Comolidated Ciry of luksoavilk m the Ciry of Athmric Heae4 Florida ue contingent upon the Consolidated City of Juksoaville retxiviag paymenu from the Florida J)eparmsnt of Comenmiry Atfavs. The City of Atlantic Bacb shall provide the Consolidated City of Jseksonville with the following deliverables A. A represenLfive of the City of Atlantic Beach with the authority m work scrota muatcgnl deparmsenY, agtncies, proparm and pohk:ia m collect sad provide the requved deliverable defused k the Scope of Work fa the City of Atlantic Beak; identify other mdivifitab who can assist the Ciry of Atlantic Beak k the devebprneN of the Local Mitigation Stnm:gy. B. Participation m the Joint Cotmsy/City LMS process through tegulu attendance of scheduled and caD meeaap by the City of Atlantic Beach representative. EXHIBIT A 11'14. 98 15:18 F.~S 801 dJU ?ii8 Jax Eaerg PreDar m0.f the undersigned possesses the attthority to legally e:tecuu and bind Contractor to the arms of this A~eeaent. 20 V~_lDOR PnY!t~Ni'S. P~+R+~t m Secaion 215.422, r_;~,;, the Depameytshall issue paymeatsm vtmdoa svithia forty (40) days after mcaipt of as ueaptabie invoice and aceipt, inspactioa and acceptance cf goods and/or services ptCvided in accordance with the teals and catlditiotts of the Agtteme~. Fagan to issue ine watzaat within forty (40) days shall xanit is tha DaparCaent paysaag interest atarue as anblishedptasuaatm Seedon55.03(1) ~ The iatetestpecalty shall bepaid within fifteen (15) days after isRliag the watl'aat Vendors atpe:ieacing problettts obtaining timely payment(s) fiam a state aBacS' at:y ttceive as~ce by contacting the Vendor Ombudnnaa at (904) 4EE-2924 or by caIImg the State Cotapaolles+s Hodiaa at I-800-848-3792 SN WITNESS a+F~REOF, the patties hessm have tsttsad this coatixi m be exeettted by their ttnd~gaad of5t;;als as duly atahnaiad. BY: Nsmc and tide: Chic! i ~ ~+st:sativs Date: '7-.2-fF SAMAS t1 F11Nf STATE OF FLORIDA AFFAIRS BY: Name and ~ rec.~o f ~„ ~ ~ • . ~ Dare: ~~ 16 11. 18198 15:18 FAd 901 830 :JJB Jez Eeers Prever X02 CoJ~acr Number,~Ei-0aZ6-Ot -016 CONTRACTUAL SERVICES AGREEb~T THIS CONTRACTUAL SERVICES AGREEIvr~3VT is entetdd Aso lry ,a,d bec~9een ~ State of Fiodda, Depar~et<t of Coattntmiq ASairs, with ~,~ in TsVahs~eq Florida (haemaRfter eeiia,ed to as the "Deps<tmeaY~, Jmd the Coelsolidatai City of 7adoonville (heteiaaRer eefelxed to a: dle'Conaactor'): THIS AGREF,b4'N'I' iS EN'IE.RED ID7T0 gA$}~ ON T!~ FOLLAWIIVG FAGS: A. WEffREA3, the Eedecal Department of Eaergy (00~ aad the Federal Emagaary . ~~~ ~+Be~Y (F'EMA) have aoehgri2ed funding for the peeparaaon of a Statewide °II Ste' De01~ 6 the devdopmem of Local 1„f>ti~a Strare~ies and pte- ida~oa and pdotitiagoa of Hawed IvTJtigation Cream P:ogtam projects m beJ:ome a pmt of the StJ~wide Hued MGtiQapon Stsata~; and H. wHERF.~,3, the Coaaaaor Jrperseats that a is fully 4valifia4 posaases the eogJtiape fi't' 4lmlifit~Jws and ~~ m peovide the Lad M1it~tion Stl:soegy ~,~;~ idaatiEed haeos. Jlpd does oSer m pafoim 311Ch Sdviea; and . C- R'fgREA3. the Depamsent hsu a 17eed Sur such service to Oedrt m fob the Statewide bfitipIIOa StttJtJ~, and dJres Kathy acespc the offer of the Coat<acmr trp~ the tams Jrad conditions he:ei~a !e2 fetch. ~iECEIVE~ SFF 1 1 1891 EMERGENCY . p~AREDNESS L 5 B f ~ 3 ~~ ~ i ~ 6 .& ~`e ^ ~ ~ b O ~ ~ ~ O R ~ Q: ~ Q y V r p i$ V ! S ~ ~ `' ~ ~ 3~ ~ 3 g ~ ~ < I z~ v m~ 6 W h `, m' G ~~ V ~~ ,s .,,. W ~ ''a ~ ~ iQ ~{ N ~(~ ~~ V _ ~~ a ct ~ .tvaa~A ssa~3 star bttt nrb roa rrd xt st b8 bT Ti A g~ _S, J W ~ VC ~ ;~w W ~ ya ~, w w 4 o ~ s N ~ 000 : (V O v ppp • ~ vi ri v~ v; N ~ N N II ~~ - Ys~' ~ <~_~ v ~~ ~ y ~_ u C ~ D 7 ~ g ~ F < s Y ~ U F 'a ~ V u U o ~5 ~ =~ ~'~_ ~~ ~V ~ ~ 0~~$ ~ u s ~e ~~~ ~:~~ =US- e~ ~~~ ~. ~ ~ B s~ 3 ~ ~ Z $~~ ~~~ ~~Q ~~: ~ ~ ~~_- +~ v ,~ ~ ~ ~ Y i` .~~ ~. ~ ~ ~ ~~ ~~.l~ ~ E~ 6 Y ~" c Y '~ ~~o~ Y .$$ U~7E ~ i ~~ B ~~ ~~~ 0 -~' .Y ~ ~ x C 2 n C v ~~~~ s~~~ ~ ZT ~ JV4?.7d 5JBt7~ Ytf BttZ OC8 t06 YYi QT~ST 48'BS'TI il: 1tl•9b 13:18 F.1] 9ai tl1u 2iie Jax Eaere PreDar ®11 AGREEMENT iY99-LM-4H-04-26.01-016 MODfflCA?1ON N l TO CONTRACTUAL SERVICES AGREEI~7vT WAEREAS, Consolidated City of Jaeksoovr7le (bereioattar "the Camraetof) and the Department of Conraluaity Affair (bereiaa@er "the DepattmeaC') have catered ~ a Coearactual Services Agreement (hereinaRa "Agreearan'~ flu the purpose of propatatioa and developtttetn of a Local Mrtigatioa Sttstegy and prt-ideag5cation and priotitintion of FLurd Mtti~on Gram Program projaw to become a part of the Statewide Heard Mitigation Strategy; and Rr1~REAS, the Department has stated that su>S~t 1Lads Shan be provided to campmeate work perfoemed to complete the Agreement, the portico desire to modify said Agreemem to revue the contract smouat to re8ea this iotant. Now, THEREFORE, the above-refcnoted agrreemau is modibcd as fonows 1. Page 12.13, the paragraph m~bertd 1. sled, "FUPIDII~IG/CONSIDERAT[ON' is raaimbered as paragraph 15 sad ceviaad m road as foilows~ 15 F1~NDING/CONSIDERATION 'This is a fnmd See agtaemam. As coeada:ation far perfortrnae of work rendered under thin Agraameet, the Departmsm agrees to pay a fared fee of up to 5115,000. The emaum anotaeed for each sitbcoo>zact is provided in Attachment E. Payment wiII bs made is acwrdatrce with the provisima of Attachment w, Scope of work. The Coatr.rxor almn be paid an amount equal to logo of each B miirdapality's avocation from the Deparrmem (the administrative iix~ to corapemae for the ~ oP adainisteriag the a-Dcaa~ux. Ie the event thst a anmicipafiq dec5aea to partidpate through the ubcoatract, the Comtatxar w01 mt receive the administrative See far that rmmiapality but the Coatraaa may talon 5096 of the teunieipafiry's avoeaeioa from the Department, m compwata for costs asaaoated with heard idemi~caDOn sad wloerabiTrty asaessneat. >t'the Depaammt desa~nes it aeeasaty, the parties agree to amend the Agreement fonovving the 5rst eo~aet period, and idam5wtion of partidpadag and non-putie>puiog , is order to reflect the revised eomnrx smaurt representing the revised toot avocuian to the Carmrarxar. 2. On page 13-14, the paragraph aaabe:ad 2 And titled, "STANDARD CONSIDERATIQNS" u rentmbered as paragraph 16. 3. wv other teems and wodircions or the Ag[eettimt Shan terrain ni fun force and eQeix 11!18; 98 15:18 FAR 9UJ 830 2i1tl Jax Eaere PreDer ®lu N. ~h Conaaet Period -pelivers6fes due 6v Auausz 31. 1999• A. The Coats>aor shall submit the Wori~g Group ~ aaalaes oo the Depart by Augur 31, 1999. 8. The Coaaacmr shall provide an updated and final prioritized list of midgamca prv~lams and imtiarives, couplai wig poteo0al funding sources and lecommeaded darn for sous, m the Depart by Augur 31,1999. C. The Comraetor shall sabmmt the final ail-hands r uc as a eompded document m the loaf ga~nemipg body far Yowl adoptiao. 'Iha Coaaaeaor sha4 arras that the dae~mt itrlndm the list of po~7 tecoe~ndaeaas and pdotitiad mitigerioa iaitiaavq that 6sve bean agreed upon by the Worloag Group. The Caanaetar shall provide three ropier of the doatmmt m the Dapatrmaat by Augur 31,1999. Tha Coatiaceor shall provide the Delaatmaat with copies of nay actiaa taken by the loaf govaraiag body npo¢ aamsideratiots of tha Lb(S. - 33 11.18%98 15:18 F{s 90J 8J0 :118 Jex Ewers PreDar ~u9 1. GIS data intiicatiae aitical facilities ('uteludiag laptt:Ge and longitude cootdiaara), repetitive loss proparry daq sous trluerials silo (including latitude and longitude coordinates and ideatiry of .`aciliry), and daigttation of azeas that historically flood. 2. Text explaiuiaQ the eoadidoas (rainfall, river gauge measures eu.) a~ompanyiag any historical flood don as completed under the IIv1pA eoaaaee D- The Connector shat supplement mitigation ini4aCva idenlY$ed under the EIv1YA contract with those developed under the comae analysis which ineltJdes the whole Qeographicai oounry s desatlxd in Becton 6 of the Gteidebook and submit to the Department by April 30, 1999. The list shag be based upop the Commt>:tity Guiding Prineiplea and HazBd Ideatifia6on and Vtrlaaabtlity Assessment don developed in the preceding coaasct periods and eomptled throttglt the procedtsn established is :he woad WaL•aet period. The list shall inclt:de potential program, project, and polity irtitiativa u the cotmty and muaucipal levels that have the potential to seduce loss of life and property fivm ttatt:ral disasur events iaeludiag but not (united to: 1. laitiatives to rsdttu vulaerabiliry; 2. Stadia Ctaeluding eagiaeaing studies) to identify cost beaeficia! mitigation activi*a: 3. Fra~;ng mitigation iamativa identified in artisdng Ioeal gover~meac Capital Impro•emmts ?Ions for ftmae fimduag wnsuderatiott; and 4. Recommended pm~em and polity acpom and revisions ro fttrthet pronrou effective harJQd tmIIgatioa E. By Apas130, 1999. the Contractor shall provide a progazs report of priveu secmr participation into the LMS peaces. F. Hy Apa130, 1999. the COnIIaCmr shall tdeatify potential ~ wine aOtnta for its mitigation imtistives 18ese Rmdiag souttea will suppleraeat those idcldfied for taitigadan initiatives uute: the E11~A coanaet Mtmiapal subconaaca snail tegttire that the mtzmapal cepraesntira to the Qlositiag Group paticpau is the boa of potential fitaduaq sottrea. The idmti5eatina of these potsatia! sotaen shall bs itulndad as as s>sacimseae to the Wod~rg Group mituaa stthmired to the Dapat®eat by Apn130,1999. G. Hy Apti130, 1999, the Conactor shag submit Woddng Getup meeting mitnma ro ~ Dapa'smeac Mee®g minas shall include the pxaaetation and acceptatxx of the foIIowing by April 30, 1999: 1. All board identification and wlnerabiiiy assessment activities: and 2. The list of potential mitigation oritiativesa. 22 I1• ltl~ 98 15:18 FMS 903 8J0 :~18 Jax B~er6 PreDar ®n8 E. By October ; 1. 1998, subalic Cvocidnp Getup meeting taiaute5 to rte Deparrmeac ..°or • all taeetings oeeuning during Jus pezod. III. ;~Con~aet Period -peliverat•les duc by April ;0. 1999• A. Complete the ~-#~; ideatifitacioa and vuinerabiliry assmmeac apvtnCS far dse patticipatiag mutudpalities ad the county as outliacd ~ Section 5 of the Guidebook and as desaabed is the Xasmd ldanriftwrion and f~uLurability Assesrnrety SrlpplamsrY. This assessment should inwcporate those activities cnmpleoed tender the EMPA oontzact By April 30, 1999, etsare a county-wide mtihi-hand map based on the iaformatioa supplied to the Cotmry by the Degaronem. To assist the Coatrntor with this task the Dspaaasac wt7l provide the following: Paper rasps of the toasty-wide heard area vulnerable to stolen stLge, inland flooding sad wind, along with table listing the results of the risk a¢salysis providing, is particular, an estimate of poteacal costs and he likell3ood of specific tropical cyclone events. 2. A CTJ-Rom ~~ n~+~g Lhe following. >. The results of the risk analysis for tropial rycloae events is a dBASE III foma~ sad b. The demographic sad property data on which the risk arulysis ~ based. B. Municipal arbeoanaca shall regt~s that the mtntieipal repreuamive w the Woddag G:ottp pactiripare is the garhermg of rte 5ollowiag iafot~arion x be provided m the Depar~ent by the Coucty: I. Czitieal ficiiitia ;avencary a idr~fied wader t31e ~A watracx (se: atached list of aiIICal tarlitiaa sad ~agories campded by rte DepmaAeat for gam) ? r 'R~ of ocher poblic btaldmgs sad faci]iars 3. Repe¢dve lea data . 4. Htmtdom taar,sials sits (fatalities ngtased to report under $ecIIOn 302 of the federal Emergeary P1mmg and Gotam>atiry Right-To-Raow Act, az USC 11001, ec seq, sadaaplemaatiag rsgulatiotts) 5. Ffiscoro! flood don like those identified tinder the I.~A c+miract C. Coatraeoor shall submit GIS iafocnation to the Depuomeat in camptedon of the foUowiag deliverable :egrtiremeaa is a GIS A.QCV'iew "shape file" or ARCIafo "t:overage" former. The Conisacmr shall comprle aa~d submit the following to the Depaamaent by Apti130, 1999: 2i ll~1d~99 15:18 FA 1. 90J dJ0 "_JJd Je~ EaerB Prever ®u' II. ~n~Gontracc ?erod - eli~eraoln d~~ ~• n... h..' l ~ 98 A.- As outlined is Section 4 of the Gwdcoook and drawing from the evaittsrion of ezsting atitigation pofieies, asdinances and peograms compieteQ it: oe pttrvious anttacrag period, ptovde the following to the Dcpemmenc by Octoas 31, iS98: 1. A siaglc list of all-hazy d midgarioa ;oafs and objective chat vrill serve to guide a coordinated acd cotnpttheasive sttucgy to addttss hazard midgatioa 2. Aa analysis of how e>asting policies, oediaanea an¢ programs could be sueagtheaed bo achieve the taiagatioa goals and objective of the eotsuatmiry. Mtmic~pal subcon~acs ;hall ceGttire that the municipal zeptaetttattve to the aorldag GrtttzQ participate in the developmsnc of the single Gst of mitigation goals and objeeriva and izt tlye aaalysi: of the saeng**~eniag of policies, otdsnances attd progJZms. H. Supplemmc the Ord idscation attd vttlntxabiliry assasmeJU inducted uodJa the E'NpA rottener by identifying and assessing a113amr +c~ within tlu geographical county, as further destai*xd is Section 3 of the Gtrtdebook and is the Y.a=arQ ldenn~coriore mid YuLurcbtliry Assessraerrr svpplanenr. Provide the Dcpastraeat, by Oetoba i 1, 1998, with as inventory of the data which will be gathered by the auary and parddpatmg mttaidpalities. ldeatifY tttsponsibi:ities for caIIxtiag all data and ideadfy potential dus. seusca. Mtmiapat subcoattaczs shat: tegtme that the msmic'pa! ttptez~osaGva to the Woricittg Gtottp be respoanble for iimtifying and su6mlmag ltrsmiciPal daa soutw, and paueipuiag is the roomy-aids baarC idattifintioa and vulaesabt7iry assesaatmt process. C. As atalined is Section 2 of the G,rideboolr, identify ,private sector itaaests who wow 6aneIIt 1~ ptttdcipatioa in the LJrLS pmeas acd identity how private sector involvement is LbtS aaivitia wIIl ix atsostJOi;.t,.d Establish anon with tdcvant iz•tRats ~ the local bttsinas commututy saC apeeopriats eisizm m ~. etxotuage and obtain tfrs Pattcipatioa Mursieipa! subccairaets shad : egtrire that the ta~ictpal tepmetstirive m tlu Rroddag Gcotm ptatirapaae is the idesGtiottipa of ptsvaR sector interests and mt:thatit far private sector iawlvaaaat Submit die folloartng to 'fie Deparmaeat by October i 1. 1998_ I- Idcatify the private sector iataeri3 that m pttrticipadag is the i.MS procaz. L Ideatiiy :Dies and rtspottstbilitip to stteag$en private terror involvement ~ the T.MS process. D As discussed is Section 1 of the GuideboolS by October 31, 199E, submit ~ ~e - Deparaaeat procedtres w prioritize both muaicipd and cotmry mitigation initatives. include how the L~LS WorJdn; Group wtTl use~1 g~ ideadficuion and vnlaerabiliry auwmear den m identify poteadal mitigation initiative including the incotporatoa of niosa micgaticn initiatives ideoofied under the Er<rlPA wntract 2a LL 1tl-96 15 le ~nS 9^1 fi7U 2lJfi 'ax Ecere PreDer f$Utl ptacedura ~ the Deoarsrent an or beioa Octctxr 3l. 1996. Municipal subeontrac~ shai! ~re~t:irs :`.ac tae muaiapa! npreaentative :o rte Worltiag Group actively assist a the adopdea of 'des : procrsurc. C- is ciseu:ssed is Section i of the Guidebook tview and wise as ~Y ~ : aluation etiteria and pttxedtaes a developed utsde+ the E.'vtPA cotstraa w re3~rlatly revienv, updr.: and -visa the CMS to eanae it ...,.+;~• cta':enr and terSew changing eaaditions within tSe commllnir~. Evaluation criteria and proeeetua shall provide for review. update am rrvisioa aetivi;ia using a Worlaag Group established and populaud ss provided herein Municipal subccatac~ shall regturs that the muaicipnl :epceaeatanive w the woddag Group participue is ~e review and revision of thew tsittaia and procedtaes. Wiimci evaltralioa c~reria znd proeedlrtes shall be submited to the Department oa ar before October ? 1, 1 X98. D. As cmliaed in iectioa 4 of the Guidebook review and tavye the Cort:mtmiry Guiding Prmcip;es. as developed trader the E1vipA contract; but which did not originally iacltrde princi?lee from the participating cities. Tmsa Guiding Ptiaciples, as iaeatified under the EMPA :ontract, can he iaeorporated iaoo this inventory. First, identify and ,zsc govtxnmect eatitie; t:~t peabrm hazard raitigaGOn functions, iaeludiyg dose ar the federal. erase, regiornl and !Doti! levels. List the funetians that these agencies provide. List and descabe stl ~g C°~Y. ! end sz>~cipal polices, ~inancR aad programs thu affect hazazd ntiagalion 'ativities, incltrding, bun not limited tn, dose found i3 the perimant local pavaamet Compstiheasivc Growth Iv(~gtsment plant, the Cot~sive Emer)i~Y Manages~s Plea, the zmesgeear:y Management 5-Year Strategic Plan, lain f9oodPlaia adioaaeea, s9ocm ware maragemets plea po[ieie; and Lanl building codes. Finally, tvaltrax than existing mitigation poliras, ordinances and programs to detetmioe their ~ixsvenar u reducing the patentiai far loss of life and property as a result of a disuar. Mt'mcipd strbeontmra shall specify tha¢ the mtmieipel reptesen7ttive to t>ye Wodtiag G:otlp be taponsblc for providing all mtmidwl den needed for this analysis and Qaticipate a the e*:+ievr and rsvision of the Co®tmiry Cnridiag ?riaciples. I'he Ceaaauac shall stthmit ~e iodowing to the i7epar~ms by October ? 1, 1998: :. A tisdag of govaaexat agencies and the taitigarioa functions dley provide. Iacitrde a aazrative destaiPdaa of bow these agencies help ledtrrx losses from haa+dx Z. A lisoaq of ordering eomuy, region! sad municipal policies, ordiaaxes and ptogr~s this "a$eet mitigation; aad 3. Aa evaillatioa of ordering taitigatiaa Policies. cadismmces and programs, eesaibing t3seir egeetiveaess at reducing loss of life and PraP~Y- I9 • 0 ~ ~L1 - 1-v ~ At. C ~eW The COmPOSI ~ 0~. Llu 1- O4tSa~Or SOi~ and Eons n ~On ar before Oct°b~' ;. ~ 9~oas t andVJocSdn~ Gt°~+P• ~y'nco ~ ,he as aysclyss~d tom. yeraa ~ slotall a contact ?arson s ~ 4;.0~ saectsnB ~ ed ~t the ~'~ A =fit dez+~u mks of the sceera; ~° ~~ the Wow ~ ~ ~ ~'vidual~ woCrmn'P of dye ~lyis contact . ~mposidan - 4 oq dye ~.leloPm~ ~ ~ cnbtsecr- The yew of tha t is ~ art fac this ~npotecu~ ~¢A cona~t , n of iat~ts `s `~ va• Da'mns' ~aad ~ ~ the a ~ d ~t go ~e or` {~'•.stsz~' °rq' _ GroaP- It sho seP a broad Svc Rota ~~~ ~ Co1mtY ~ Graa4~ ~n~ m~ ~ Coart+c~~ the the s++b~ 'ate- and sbo~ ~ • • 'ty °°~'~ Gcoup ~ ~~ avith ~~rif whew ~ mtm~te :or ~ Wotic~i Minas- Subcontracss e ~ the the p~°rd~miaim~• for 4~on dyza~ ~ tc~~ ~a ~p coa ate ~,R WorSdai ~' A>a~mt~ tba~Pe °f WodCas m~~- muni~P'h°~~ of the ~ ~~b~ dct'm~ ~ the ~oybilttY ~ ~° shau ~viae the Der~nt ~~ pcrober 3l. l~s• ~ ConQ'aa°i ~. - On or bacQieC° dye Coty~ 5 ] .rnvtaii ~vetabies' of all ~ ~cnn~ to r~•pason for each 1- A tistin8 eS, ldetyrif7+n5,~ s lisaza Of thox~ ~ vcloomeat Caacactar ~ a~~d ont to p~acroate'n of the [.`~• and a lisda4 tha LMS tn°"ss' m~ybers, idmoaTY'~ dye name aad 2 A lis'.sn~ of t+ye te~~.w ~e Workia6 G'°"q? wry ~a of such m~ A ycy~uie of du Wozltmi ~~ maeua4 dares: ' held dysrai th:s ~°d' 4 ytmssta from ~ Wodani ~~ ~~ to Section 1 of file bar 11.:498. ~e C ~ac~ ~ dyne EMP'~ c°°°act v B,a,d,~k r~ ~Pt ~`' pcoc m~ntus that maY ~ ~ ~~nsVmsm~~~d ;ewivc canSia ~ m~° tvup arc a~ddtr~ ~Y t~j.,ntbbfe ~~II~`daY ,MS so t'.r~ Y ~~ membas• The `Nocles~ alth atsy ae~ chat3 ~ °~ anyany additi no toe".•x ~ a°9~- ~r shall submit the iisced m_ eccamtao'~ >.a 11. 1tl~98 15:18 F.~S 9ui tl30 21itl Jax Eaerg PrePar ®oi wTTwCH1tEYT A SCOPE OF R+ORK LOCA.I, rIITIGA7IOlY STRATEGY The Contractor shalt develop as 3U~iiii4i Loa! Misi~atioa Strategy (the Ly(S) ttsiaa the Departmens of Commrmiry AffaiTS'(DCA) publiasioa 27u Loco[ yluigonon So-ata~+~ A Guidebook fo, Florida Ciriu and Corartiet, hereafter rtiferzed to as 'tire G~ddeboo4' as well u other applicable guidance. The Contractor s[iall solids mttaiapal paticipatioa is this peoeess, thtoa~ subcoatru~ with each mtmieipaliry within the eormry is rider m achieve a siaale aoiSod and all-ha~eds LMS. Ths Coaa~actor will ase these timds to enhance she Hoard .~iisiaarion Baxline s Ludy p~F~ ~ ftmds ixeived from the e and satisfLctor7y wmpleaed EmaB~]' ~p~sdaess and Assistance Grant cantnct :97CP-0'1-04-26-05-124, herein mfazed to as the E1~A coapracz. ~ttlxontnet, with rtvnieivalitid The Coacactor shall solicit the patieipaaoa of each mumdpatiry is the couary, is the peepasaa~ of a siaale, umff ed gU-hza~ds LbfS. yy wt~ta eommuniation to the Chiaf Adtaimsirative Official of each altmieipaiiry. Thar coatnrtmieation shall isfetmce ttte Depastmmt's mtificatioa m the Caatraetor and muoicipalRa rsgsrdiaQ the LMS and shall advise of the avaslabiliry of the L~1S fimdiaY far tha taaaieipaliry, in the amatmt ideasi$ed by the Department. 'lie xtrsamiaZioa shall include a subeoiSCaits between the Carlaaaor and the mtmteipditY 5or the mttmdpality's review and aoeattioa. The mbcoimraet shall include appeopeiane rums and tonditioas and a srtipe of wodc suppler the Coaaactor's watdt, as described heteatter. P11~eat sad Deiirershle. Srfi..i..t. This is a i~ced•fee eoattaeL The Depas~eat will pay eompeasaQOn a the cad of ~ eomnet period, based as completion of asdvi6rs idearsfied is the scope of wotiC the sobm>mon of all ddivecabla listed below within the schadttled time tine, and a defle:sniaredaa by ~ that tba Coatzacapz bas s~cmtily eoatpkxd the pettineat aetiviaes sad deliverables. At the cad of use fins eomm period the Cmttaaor troy be pEid 2(?Y. of the total coaaau atrtormt, 20 X at the cad of the second eoaeaes peaad, dOYi st the cad of the third contract period, sad tt{e 2ta'i'. of the coat contract amormt at the cad of the fautth't and final contact period. The Caaaacwr shall submit all de&vesables is a typewritten sad botmd 3rmat. The final deliveabte shall be a eompiled;~ ~ LIvIS doc,mmmc A:l subwissioas to the Department shall be addttssed to the Departta~'s Contract Mma;er Caaaactor shall prm~ide three (;) copies of all deliverables. i'/ IN WTINES$ w'~3tF.OF, the pamea hereto have execuoed this Subcontract on the day ~ Yar fitu above written. ATTEST: CITY OF JACBSONVII,tg Corporation Secre scary ATTEST: ignatnre o A. Mayor CITY OF ATI.ANTlC BEAC$ YPdPrmt ame Ia compliance with the Charter of the City of 7acJoonviLe. I do certify that there is an unexpended, imbued and ummpouadad baFsoce in the apptopriaoon strffrcieID m cover the foregoing Agreernera and that Provision bas bees made for the paymrat of the IDotties provided thertin to be paid. Form gpprpv~; AssistaID A maoce 9i16N na'McAJAjE G:lfrua.o "N LO'd 966ZOE9606 'ON XH~ SS3N4311Hd38d AON3~13U3 ZE:Z[ the terms of this Subcontr~ ~ shall save the DEP ~~1T and the CONTRACTOR t'atrakss ~10~ all claims of whamya aaturc by ~~ tomes ~d a~ of the petfvttaaaa Of work under dris agteeta~- For purposes of this S thu it is ant ~ the SUBCONTRACTOR agt~ ~ employee or aYeet of the DEPARTMENT or of the CONTRACTOR, but is ao dear coetractpr. (b) Tf the SUBCONTRACTOR is a star aamcy av Section 768.28, Floeida ~1310~ u defame is Stagaes (P.S.), it stgteei to be fuIly respr>o~ ~ ~ omissions or °~~ t-cu of CO ~+oos acts which tearh is claims or sttits ai>mst the DEPARTy~T ar the N'l'RACTOR am aR~s to be lobde for any dama8es au:ed by said acts or SUBC Noddag htnea is iatatdpti to serve u a waiver of swaeiga ~~y by way ~ACT'OR t0 whtch sovem~ implies. as ~_ hmera shaII be ooastrued eOO'~ ~ a state aC~cy or sa6t>ivisioa of the Sn[e ~ ~~ to be sued h9 thud Patties is any maw ~E otrt of atry ~aa. S. The CONTRACTOR shall Provide a copy ~ ~ S to the D~'~TMENT within tea (l~ days afoer its - (T3e ~ or db. t~ hu ~ bn bI~ '~) 90 'd 9b6dOE9606 'ON XH~ SS~i432ikld38d A~N3~3N3 _ . IE,Z[ IMF B6-El-AON .,_ .._. 1. T~ ~~ :yea ~a are tr„e nerd correct am, by this tefe:enre, are ~orpotued herein and made a part beroof. 2. The SUBCONTRACTOR s1raII fully Perform the obligations in accordance with the Scope of Wort to the satisfaction of the CON11tACTOR. The of s>aat'aaory performance shall be at the sole discretion of the CONTRACTOR The Scope of work is attached hetan as Fxltibit •A • atd is, by this tdermce, made a Part hereof and is itr<orporaeed herein u if sa otu Aettin is its entirety. Said Scope of Wort shaII not be modified or ameacied tvithoat women authotizsme from the DEPARTII~V'P. 3. Upon the SUBCON'TRACTOR'S tans6cmty p~~ of the obligations specified is the Scope of Wodc, the CONTRACTOR shah pay the SUBCONTRACTOR as amount of money not to exceed pgZg=~ THOUSAND AND NO/100 DOId,ARS (515.000), u specified in the Scope of wont and which shall be the CONTRACTOR'S mauimmn ituiebtodaeu to the SUBCONTjtpCTOR uode this 5 unku atneaded u provided in ~ manner preacrsh,ed in Secxion 2 hereof; provided however, Payments from CONTRACTOR to SUBCONTRACTOR ate contingent upon CONTRACTOR'S iPayraems feom ~ c.... of Florida Departmeau of Contmuquy Atiaits, under cooma[t Number 99-Ibt~H-04.26-01-016, which is attached lterero as l~chsbit B' ate, by this ttfaseoce, is made a part hereof. 4• The SUBCONTRACTOR shall lx bound by alt aPPlicabk slue and federal laws and regulations nerd all the terms and conditions of Conttaa Number 99-IM~H-04-26.01-016, attached hereto as F.ttht~$ B. 5 (a) ~~ u otherwise provided in Ph (b) below, the SUBCONTRACTOR shW be sokiy rtappp~k pp p,~s aith whom it shall deal is carrying out 2 S~'d 96DZOE9b06 'GN Xdj SS~i03aHd3ad A0t13'Ja3U3 lE:zi ia~ 9s-E1-noN . svscoNTRACT sL+~wF.EN CONSOLIDATED CITY OF JACIC.SONy~,g ~~ ~ ANn ~~ ~ i ~ I ~ 4'~ CITY OF ATLANI'[C BEACH r~ ~ ; ~ , ~ 11DR ~~ , I~ ~--~ J ~ LOCAL MITIGATION STRATEGY THIS SUBCONT1tACT, made and ettteted into this s day of _``, 1998, by and between The consolidated cccyy ofradt,oav;jk, F7onda, (`coIV77tACTOR•) aadthe city of AiJaotic Beach ('SUBCONTRACTOR'); wHEaEAS, tha CONTRACTOR and the Stage of Florida Deparmreac of Community '~`~ ('D~AZtIIoffiN'I") have toads and catered its0o Coot:act Number 98-LM-4H-0426-01- 016 for the prepaetioa of a Statewide Ste, pmt (~ ,~,). and R'BTRF.AS, said Statewide hpa g~ pt,oltxt inchtdes development of Loaf Mm;ation Strom that will become a put of said Statewide Mmption Straregy ~J~; gad ' said COOS watemplatp wbcotoracts with the other muaicipnlities in the CONTRACTORS' General Services District; ~ wSEREAS, the SUBCONTRACTOR npt'esaos thtt it is ~, ~d gad possesses the requisite sitilla,lmowl~, qs gad expaieme to pipvide ~~ M StnKgy s`Nteea tdemiFied huda, and otfets to perform such services; gad ~E>R3iAS, the CONTRACTOR hu a treed for such servia:es in order W formulate its responsibilities under the CONTRACT gad does beseby accept the offer of the SUBCONTRACTOR upon tetras and c~a~s hereinafter ~,~ Now, ~. ~ coNTSArroa and the suseoNTRACroR ao mutaally agrez tbu: 60 'd 976ZOE9606 'ON XHj 1 introduced by the Council President at the request of the Mayor: 2 3 (~~h(Jj ~ /i 4 RESOLUTION 98-9q2 U ~ v ~ ~ Uv,~ 5 A RESOLUTION AUTHORIZING THE MAYOR AND 6 CORPORATION SECRETARY TO EXECUTE A SUBCONTRACT 7 AND ALL At~NDMENTS THERETO BETiiEEN THE 8 CONSOLIDATED CITY OF JACKSONVILLE, FLORIDA AND 9 THE CITY OF ATLANTIC BEACH FOR SERVICES AND 10 NORIC IN DEVELOPING A LOCAL MITIGATION 11 - STRATEGY; PROVIDING AN EFFECTIVE DATE. 12 , 13 BE IT RESOLVED, by th8 COUaCil Of the City o! Jacksonville: 14 Section i. The tiayor and Corporation Secretary aze hereby 15 authorized to execute the Subcontract between the Consolidated City 16 of Jacksonville, Florida and the City of Atlantic Beach, together 17 with all amendments thereto, for services and work in developing a 18 local mitigation strategy. Said Subcontract is attached hereto as 19 Exhibit "A" and by this reference is made a part hereof. 20 _Section 2. This resolution shall become effective upon 21 sigaatuze'by tha Kayor or upon becoming affective without the 22 Mayor's signature. 23 Form Approved: 24 25 ~ 26 Ass ~ ant General Counsel 27 9/16/99 nasea,7r/7h G:\S1W¢D\LEGZS_CG\1GLASIN4\1LSOLDT~-p11t\1[tcSttat7lLli~aeh-Mf.vpd 1 EO'd 966ZOE9606 'ON i{tlj SS3N038dd38d AON3083U3 6Z:Z[ f8j B6-E ~~ STAFF REPORT CITY OF ATLANTIC BEACH CITY STAFF REPORT AGENDA ITEM: Authorization for Signature for Hazard Mitigation Grant DATE: November I7, 1998 SUBMITTED BY: David E. Thompso Director of Public Safetv BACKGROUND: This year, grant funding was approved through the State Department of Community Affairs for agencies to develop Local Mitigation Strategies to deal with various types of disasters that might occur in theirjurisdictions. The City of Atlantic Beach notified Jacksonville that Atlantic Beach was interested in participating in a county wide initiative to develop a Local Hazard Mitigation program. Jacksonville agreed to take the lead in this matter since it would require coordination between the various municipalities for a comprehensive plan. Atlantic Beach. Jacksonville. Neprune Beach, Jacksonville Beach, and Baldwin representativzs have had several meetings over the past few months, and continuing efforts are expected over the next year to design a plan that meets the State and Federal standards. To this end, Jacksonville has full-[ime staff who aze working on the continuing program development. Atlantic Beach's share of the funding available for this work was $ 15,000. However. Atlantic Beach does not have the staffing or the expertise to create such a plan. Even if we had the ability to create our own plan, no plan would be effective and complete without consideration for the other agencies in the area. (fall of the municipalities developed their own plans, there would undoubtedly be unnecessary duplication in their efforts. This contract with Jacksonville articulates that Atlantic Beach will remit their share of the Local Mitigation Strate~ry funding to Jacksonville, and Jacksonville will provide the services and documents as covered under The Scope of Work included in the attachments. RECOMMENDATIONS: We recommend the approval of the attached agreement with Jacksonville, including the authorization for the Mayor to sign the agreement. ATTACHMENTS: See Contract with attach[ is REVIEWED BY CITY MANAGER: V AGENDA ITEM NUMBER: October 28, 1998 CITY OF ATLANTIC BEACH REQUEST FOR PROPOSALS FOR PROFESSIONAL ENG[NEERING SERVICES NOTICE is hereby given that the City of Atlantic Beach, Florida, will receive proposals, submitted in triplicate, at the Office of the Purchasing Agent, 1200 Sandpiper :.a..c, i~.tlantic Beach, Florida 32233 until 4:30 PM, November 16, 1998, for: PROFESSIONAL ENGINEERING SERVICES DESIGN AND PLAN PREPARATION FOR WONDERWOOD ROAD WATER AND SEWER U'T'ILITY RELOCATION. The scope of work involves preparation of design plans and specifications for the relocation of water and sewer utilities within the Wondenvood Road Right-of--Way, from Sand Castle Lane to Mayport Road. Detailed requests for proposals can be obtained from the Office of the Purchasing Agent by contacting Ms. Joan LaVake at (904) 247-5818. Questions regardine proposals shall be directed to Mr. Robert S. Kosoy, P.E., Director of Public Works (904) 247-5834. FLORIDA TIMES-UNION: Please publish (two columns wide) one time in LEGAL SECTION on Sunday, November 1, 1998. Submitted by Joan LaVake - 247-5818. REQUEST FOR PROPOSALS . PROFESSIONAL ENGINEERL~iG SERVICES DESIGN AND PLAN PREPARATION FOR WONDERWOOD ROAD WATER AND SEWER UTILITY RELOCATIO\ All proposals will be reviewed by City staff, and a submittal of the top rated firms will be made to the City Commission. Selection will be determined by the City Commission. Negotiation of fees will commence upon City Commission approval, and the Standard Form of Agreement (EJCDC) will be developed for signatures. All work will commence immediately following signing and approval of the Aereement. All questions concerning the submittal of proposals must be addressed to Mr. Robert S. Kosoy, P.E., Director of Public Works. No questions may be directed to any other party. Submit three (3) copies of the proposal. Pase 3 of 3 REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING SERVICES DESIGN AND PLAN PREPARATION FOR WONDERWOOD ROAD WATER AND SEWER UTILTTY RELOCATION D. Utility adjustment where final roadway grade exceeds seven feet of cover over water and sewer force mains. The water and sewer force mains will be adjusted to provide a cover not to exceed seven feet along the entire project route. 6. As directed by City staff, make corrections or revisions to the 90% plans. 7. Immediately after corrections are made, submit Department of Environmental Protection permit applications to the Duval County Health Department and the Regulatory and Environmental Services Department. Any necessary process fees will be funded from the City of Atlantic Beach. Respond immediately to requests for additional information. Coordinate closely with the City staff during the permit process. 8. Within sixty (60) davs from the date of Aereement, develop and submit for review five (5) sets of 100% plans of the Final Design to include: A. All plan sheets, detail sheets and technical specifications completed, including the Invitation to Bid and Bid Form. B- Final cost estimates and major task schedules for the remaining bidding and construction. C. Preparation of Florida Department of Transportation (FDOT) pay item schedule. D. Preparation of FDOT computation sheets. 9. Coordinate with City staff to establish dates for Pre-Bid meetings, Prequalification deadlines; advertisement and bid opening dates. and the date of tentative award. 10. Prepare plans and specifications as necessary for the bidding phase to be sold to bidders through the City Purchasine Department. Attend Pre-Bid meeting, assist Cin staff to respond to questions from the bidders, and prepare any necessary bid addendums. The firms responding to this Request for Proposals must include detailed information concerning the following selection criteria: l . Staff Competence and Availability during the entire project; including detailed resumes. Rating weight - 30:0. 2. Past Similar Project Experience, including size; construction costs, and familiarity with utility relocation. Ratine weieht - 20°.'0. - 3. References with telephone numbers. Rating weight - 10°.'0. 4. Project Approach, with specific tasks outlined for each phase as outlined above. Rating weieht - 30%. 5. Current Workload for the firm and the selected project team. Rating weight - 5°io. 6. Financial Information, including the most recent audit summary for the firm and the current certificate of insurance. Rating weight 5°,'0 Paue 2 of 3 REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING SERVICES DESIGN AND PLAN PREPARATION FOR WONDERWOOD ROAD WATER AND SEWER UTILITY RELOCATIO\ The City of Atlantic Beach is soliciting for proposals from professional engineering firms to provide engineering services to design the relocation of water and sewer utilities within the Wonderwood Road Right-of--Way, from Sand Castle Lane to Mayport Road. Proposals must be submitted by 4:30 PM, November 16, 1998 and addressed to: Mr. Robert S. Kosoy, P.E., Director of Public Works 1200 Sandpiper Lane Atlantic Beach, FL 32233 The scope of+vork involves: 1. Preparation of design plans and specifications for the relocation of water and sewer utilities in accordance +vith City of Atlantic Beach Standards. The utility relocation design will be coordinated with the proposed construction of the Jacksonville Transportation Authority (JTA) roadway and drainage improvements and the proposed Jacksonville Electric Authority (JEA) water and sewer system improvements. The utility relocation design will be limited to the section of Wonderwood Road, from Sand Castle Lane to Mayport Road. 2. Immediately following the date of Agreement, meet with the JTA and City of Atlantic Beach to revie+v areas of conflict and proposed relocations. 3. Within fourteen (14) days from the date of Agreement, develop a Preliminary Design to reflect anticipated relocation of +vater and sewer utilities impacted by the JTA road+vay and drainage project and the JEA +vater and sewer system improvements. 4. Present five (5) sets of the Preliminary Plans, ++~ith cost estimates and time schedules of the major tasks for the remaining design, bidding and construction to the City staff for review. As directed by City staff, make corrections or revisions to the Preliminary Plan. This will act as the 30°,'o submission. 5. Within forty-five (45) days from the date of Agreement, develop and submit for review five (5) sets of 90°.'o design drawings and specifications for the water and sewer relocation to reflect: A. Existing utilities and proposed JTA and JEA roadway, drainage, water and sewer improvements. B. Horizontal and vertical relocation of utilities to avoid conflicts with existing and proposed pipes and structures, de-muckim~ areas, and adjustments needed in the vicinity of the stormwater box culvert at Sherman Creek (Sta. 299+75). C. The twelve and eight inch sever force mains to be attached to the Puckett Creek bride=e. The installation shall be approved by JTA. Page 1 of 3 AGENDA ITEM NO:~c_ COMMISSION MEETING DATE: ~~" Z3^ 9~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Engineering Design for Wonderwood Drive Utility Relocation SUBMITTED BY: Robert S. Kosoy, P.E., Director of Public Works ~''yr~ DATE: November 18, 1998 BACKGROL?ND: On August 10, 1998, we advised the City Commission that the Wondenvood Connector Project would require utility relocations within the Buccaneer Utility District, including relocations of two force mains. We advertised our Request for Proposals on November ], 1998. Proposals were received on November 16, 1998 and staff evaluated the firms on November 17, 1998. We received seven proposals from the following firms: Bessent, Hammack &Ruckman, Inc. Gresham, Smith & Partners Hartman & Associates, Inc. North Beach Engineering,lnc. The R-A-M Professional Group, Inc. Robert Bates & Associates Smith & Gillespie Engineers, Inc. In accordance with the Consultants Competitive Negotiation Act (Florida Statute 287.055), we have selected the top three firms deemed to be the most highly qualified to perform the required services: 1. Bessent, Hammack &Ruckman, Inc. 2. The R-A-h1 Professional Group, Inc. 3. Smith & Gillespie Engineers, Inc. RECOMMENDATIOti: Authorize staff to negotiate a contract with Bessent, Hammack & Ruckman, Inc, and if unable to negotiate a satisfactory contract, authorize staff to negotiate with the next most qualified firm. ATTACHMENTS: 1. Request for Proposal Proposals from all firms ogle with City Clerk REVIEWED BY CITY M .:?ft'DB-99 09 36 FROM SMITH AND CILLE6PIE IDS 9047446267 P4CE 2 ROBERT L. WAGNER AREAS OF SPECIAL1ZATlON Construction engineering services includhg contract administration, construction itupcction, field engineering, shop drawing review, cost estimating. eonvuWr haiaon GENERAL QCJALIFICATIONS , Mr. Wagner has more than 30 years' experience is the field of construction engineering acn•ias related to a broad range of infrastructure projects including waver and wastewater trwtmrnt plants, pump stations, stormwatcr and drainage a)•stems, und:rground utilities, welts, roads, bridges, and other facilities. SELECTED PROJECT EXPERIENCE New Wastewater System. Town of Suwannee, Suwannee, Florida, Raldcnt Observer: Feld Residem Obsrnation of a ecnuel wnstcwetcr system to provide collection, hensmission, treatment, and etfluem disposal facilities. The new sewer system consisted of a gnndu pump small-diameter ]ow-pressure collection system, a transfer pump station end for;c main, a 0.25 b1GD treatment plan, and a 20a•sae effluent sprayfield. The collection system eoruisted of approximately 750 grinder pump units c:n'ing the existing residences and businesses. Project completed in 1998. Utilities Rclocatian, City of Ormond Brush, Florida, Construction Meaeger. Perfotirtrd contras[ administration services for a utilitiu relocation pmirt which rasa completed saving the City 5250.000 in budgeted cosu. ~i'eter and WWTP Ezpaaclon, Cltp of FlrRler Beach, Florida, Construction Manager: Achieved the successful completion M e wxstcwaler treatrrtent plant and water treatment plant exparsiun including pumping stations, ground storage reservoirs, and wtllfield tmprovemcnts. N'uter Treatment Plant, City of 1)aytoaa Beech, Florida, Coastructioa Manager: Provided conslnlclioa phase services fur the completion of a S20 million adcwced water treattrr_at plant. Water'1'reutment Plant, City of Davtone Bcacb, Florida, ConstrudioaMeneger. Provided construction phase services for du complthun of a 515 million water vestment plant. W'avtewater Treatment Plant, City of Ormond Reech, Florida, Conairudioa MR»ager. Provided construction phase services for the completion of an St I million advanced wastewater treatment plant. Public Works Complex, City of Ormond Bauch, Florida, Coastruttion Manrga: Provided cunstnution phut services for the cotttplctron of a S3 million public works complex. Water Distribution and Wastewater Colltttion, Mlscdhmeous Clieota, Cotutruction Manager: Extensive involvement in the construction of water disiributioo !fors tad wastewater collection mains including construction quantity estimating and apxrfiation writing. EDUCA'CIUN B.S., Construction Engineenag. Bluefield Sutc College PROFESSIUNAI. MEMBERSHIPS Plorida Water Environment Federation American Public Works Association w':IRESUMISI W AGNER. WPD ..PR-Otil-99 09:35 FROM: SMITH AND CILLESPIE ID. 9007096267 SMITH wN0 GIL LES PIE ENGINEERS. INC. r'Obr Orrw wOa LaIJw ~Af KSONwLLf. rIORIDA JL201 IDO~I )~]~6D60 April 8, 1998 Mr. Robert S. Kosoy, P.E. Director of Public Works city of Atlantic Beach Post Office Drawer 25 Atlantic Beach, Florida 72233 Subject: Professional Services During Construction Buccaneer Wastewater Treatment Plant S&G No. 8505 Atlantic Beach, Florida Dear Mr. Kosoy: PAGE 1 DOWLN G MTfON, ti vcE-~eslDr+/* avlew wnwoa Confirming our conversation yesterday, Monday night, Carl Taylor was appointed as the Director of Public works for the City of Palmetto. As earl was proposed to be your Resident Observer for the construction of the improvements to the Buccaneer Wastewater Treatment Plant, it is necessary that we offer an alternate. Attached is the resume of Robert Wagner. Mr Wagner recently served as our Resident observer for a new sewer system for the Town of Suwannee. He is a very experienced construction manager and would be an excellent Resident Observer for this project. Sob is FS years old. He did construction management for Russell and Axon for 21 years and 3riley wild and Associates for 12 years. He is currently available and willing to accept this assignment. This does not preclude the option we initially proposed to work with Ernie Beadle as the Resident Observer, if his workload permits. If you would like additional information on Mr. Wagner, do not hesitate to contact us. Sincerely, SMIT D GILLESPIF. ENGINEERS, INC. Dougla~. Layton l /~7TACyMENT 2 ® eder associates a division of ~GanllettRend~ November 16, 1998 Robert S. Kosoy, P.E. Director of Public Services/City Engineer City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 Re: ('onctructinn Fnpjnggape and Resident Observation for the Buccaneer W~lewater Treatment Plant Expansion Project Deaz Bob: GANNETT PEENING, INC. soae ,so nsl aeMOn Parkway JatkaonviNa, R 32256 omo.: (9a1332-s49o Fax: (904) 332-9337 This letter is to confirm Gannett Flemings interest in performing construction engineering and resident observation for the Buccaneer Wastewater Treatment Plant Expansion project. Our response to Atlantic Beach's request for proposals that was submitted on March 4, 1998 may still be considered valid for these professional services. Now that permitting has been finali2ed for this project, eve look forward to a favorable award by the City Commission as the next step in proceeding forward with this important project. As always, we welcome any questions you may have regazding this proposal, and look forward to working with you and your staff on this phase of the project. Sincerely, ~~~ Andrew R. May Manager of Engineering Services ARMlr P98-066 c ovnce~wnva+urn~acw.~rvcovvMasrwa A Tradi/ion of E.rcellence Since 1915 a~A~yMENf / AGENDA ITEM: CONSTRUCTION ENGINEERING AND RESIDENT OBSERVATION FOR THE BUCCANEER WASTEWATER TREATMENT PLANT EXPANSION PROJECT we received a letter from Mr. Layton stating that on April 6, 1998, Mr. Taylor accepted another position, and Mr. Layton proposed another resident observer. The newly proposed resident observer has no experience in SBR plants. The newly proposed construction team demonstrates competency to handle all phases of construction, but the RFP requested a resident observer with SBR experience. In summary, the proposal of Gannett Fleming appears to be the strongest proposal. RECOMMENDATION: Authorize Staff to negotiate with Gannett Fleming for a cost proposal for Construction Engineering and Resident Observation for the Buccaneer Wastewater Treatment Plant Expansion. ATTACHMENTS: l . Letter from Andrew May, Gannett Fleming, dated November 16, 1998 2. Letter from Smith and Gillespie dated April 8, 1998 Request for Proposals are On File With The City Clerk REVIEWED BY CITY MANAGER: ~-~ rl AGENDA ITEM NO:_~_~ COMMISSION MEETING DATE: JI"Z3"9g CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: CONSTRUCTION ENGINEERING AND RESIDENT OBSERVATION FOR THE BUCCANEER WASTEWATER TREATMENT PLANT EXPANSION PROJECT SUBMITTED B1': Robert S. Kosoy, P.E., Director of Public Works ~~ DATE: November 18, 1998 (Revision to Staff Report of 3/19/98) BACKGRO[1ND: The Buccaneer Wastewater Treatment Expansion Project will require an engineering firm to coordinate the technical activities on this project and provide a resident observer to provide a daily review of the construction activities. In response to a Request for Proposal (RFP), we received packages from three engineering firms: Gannett Fleming (formerly Eder Associates), Gee & Jenson and Smith and Gillespie. The RFP reyuested that the proposed resident observer have a strong sewer background, with specific experience with construction of Sequencing Batch Reactors (SBRs). Staff reviewed the three proposals and a brief summary of each is provided: Gannett Fleming (formerly Eder Associates) -This firm, with Andy May, P.E., as the proposed Project Manager, designed the plant expansion and, therefore, is most familiar with the details of the project plans and specifications. Their proposed resident observer(s) demonstrates experience in SBR technology but their past experience is in the Pennsylvania area. The proposed construction team demonstrates competency to handle all phases of construction; however, electrical reviews will be performed by a subconsultant in New Jersey. 2. Gee & Jenson -This firm, with David Bolam, P.E. as the Project Manager, has had experience with designing and permitting SBRs. Their proposed resident observer(s) have no experience in SBR plants. The proposed construction team demonstrates competency to handle the engineering review phases of construction but the RFP requested a resident observer with SBR experience. 3. Smith & GillesQe -This firm, ~ti~th Doug Layton, P.E., as the proposed Construction Coordinator, has had experience with SBR design and construction. Their original proposal designated Carl Taylor as resident observer, who recently completed an SBR project in MacClenny, Florida, using Fluidyne equipment. However, on April 8, 1998, Executed as of the dates indicated herein below by the parties hereto. ATTEST: Corporation Secretary CITY OF JACR802JOZLLE By: John Delaney, Mayor Date: ATTEST: ATTESTS ATTEST: Form Approved: CITY OF JACRBONVILLE BEACH By: Zts Mayor By: Its City Manager Date: CITY OF ATLANTIC BEACH By: Zts Mayor Date• CITY Oa NEPTIINE BEACH By: Its Mayor Date: Assistant Counsel maximum amount to be distributed as a result of this calculation is as follows: Neptune Beach $ 52,834 Atlantic Beach 65,751 Jacksonville Beach 141,074 2. Fees collected shall be remitted to the Tax Collector on behalf of Duval County and a salary reimbursement shall be remitted to the respective City Manager or Finance Director or his/her designee on a quarterly basis when the appropriate documentation has been submitted. 3. The 9-1-i User Fees collected and distributed as provided herein shall be utilized only for salaries and associated expenses, as provided for in Section 365.171, Florida Statutes. 4. Each party accepting funds hereby agrees to provide an audit or accounting of such funds and how they were expended in accordance with Section 11.45, Florida Statutes. 5. Each party hereto hereby acknowledges full payment and performance under all prior agreements on this subject and hereby waives any rights to assert any claim for failure of performance in prior years. INTERLOCAL AGREEMENT WHEREAS, the parties hereto are the City of Jacksonville Beach, the City of Atlantic Beach, the City of Neptune Beach, hereinafter referred to as the ^Cities" and the City of Jacksonville; and WHEREAS, the parties have entered into dialogue pursuant to creating a distribution formula for dividing the proceeds collected via the 9-1-1 User Fee to be used to pay a portion of i the salaries and related expenses for 9-1-1 Call Takers for that portion of their time spent answering and handling 9-1-1 calls ~ under the provisions of Section 365.171, Florida Statutes, as i authorized to be imposed by the governing body of Duval County; and WHEREAS, the Council of the City of Jacksonville acting as ~ I the governing body of Duval County, Florida has maintained the j 9-1-1 User Fee at $.44 per month for the present fiscal year 1998-99 and has authorized the fees collected to be used to fund i an Interlocal Agreement wherein the Cities will receive their pro rata share to be used for lawful purpose; and j WHEREAS, the parties hereto are entering into this Interlocal Agreement pursuant to and in compliance with the ~ provisions of Section 365.171, Florida Statutes, NOW THEREFORE, it is agreed: ~ I 1. Each of the parties hereto shall receive a distribution proportion of the 9-1-1 User Fee calculated by taking the total Call-Takers actual salary expenditures from each party, adding 30$ for benefits and applying 9-1-1 call volume data to determine the amount of distribution. The 11/9/98 9-1-1 SYSTEM STATISTICS Approximate Annual Approximate °k 911-fee paying 911 User Fee Contribution Population Telephone Lines Collections Urban Service Districts 1-May-98 1-May-98 1-May-98 1-May-98 Jacksonville 711,933 437,656 52,310,824 93.62% Jacksonville Beach 20,520 15,897 583,936 3.50% Atlantic Beach 12,908 7,850 $41,448 1.70% Neptune Beach 7,131 5,011 526,458 1.00% Baldwin 1,556 825 54,356 0.18% less 1 % administrative fee 754,048 467,239 52,467,022 524,670.22 52,442,352 100% NOT PUBLIC RECORD: Contains Proprietary ln/ormation -Provided /or 9-1-1 System Administration -ONLY 9~7-7 D/SPATCH DUVAL COUNTY 9-1.1 EMERGENCY TELEPHONE SYSTEM INTER-LOCAL AGREEMENT FOR DISTRIBUTION OF 9-1-1 FUNDS FOR CALL-TAKER SALARIES FY 1998-1999 To be signed by: ATLANTIC BEACH Mayor Susanne Shaughnessy Clerk Maureen King NEPTUNE BEACH Mayor George Vaughn, Jr Clerk Becky Hanks 270-2407 JACKSONVILLE BEACH Mayor Bob Marsden Manager George Forbes Clerk Bruce Corbitt 247-6268 CITY of JACKSONVILLE Mayor John Delaney Corporation Secretary Linnee Williams 630-1700 Checks sent to: 800 Seminole Road, ATLB 32233 Finance Director Nelson Van Liere 247-5807 200 Lemon Street, NPB 32266 Finance Director John Herbst 270-2408 11 N. 3'a Street, JAXB, 32250 Finance Officer Harry Royal 247-6274 117 W. Duval, JAX 32202 Finance Director Cal Ray Please sign and stamp all copies. An executed copy wiil be returned to you. If you have any questions, Nlease contact Patricia Welte, 9-1-1 Coordinator 630-2317 Qaa uwan '1I~~' 501 E. Bay Street, Jacksonville, Florida 32202 • (904) 630-2317 9-1-1 o~sParcH DUVAL COUNTY 9.1-1 EMERGENCY TELEPHONE SYSTEM Date: November 9, 1998 To: Maureen King, City Clerk, Atlantic Beach Becky Hanks, City Clerk, Neptune Beach Bruce Corbitt, City Clerk, Jacksonville Beach From: Patricia Welte, 9-1-1 Coordinator, Duval C~ Re: 9-1-1 Inter-Local Agreement - FY 1998-99 I am enclosing a copy of the proposed Inter-Local Agreement which has been approved by the Jacksonville City Council. The dollar amounts indicated are based on staffing and salary information provided to me by your police department. I hope this will provide sufficient documentation to allow you to place the agreement on your City Council Calendar. The execution copies will be forwarded to you as soon as possible. Please contact me at 630-2317 if I can be of further assistance. Thank you for your cooperation. emm ~•.am ') I ~ I' 501 E. Bay Street, Jacksonville, Florida 32202 • (904) 630-2317 8A ~~-13-98 STAFF REPORT CITY OF ATLANTIC BEACH C[TY STAFF REPORT AGENDA ITEM: 911 Contract DATE: November 19, 1998 SUBMITTED BY: David E. Thompson, Director of Public Safety BACKGROUND: To help pay for communications expenses for the 91 I System, funding is collected through a surcharge on citizens' telephone bills throughout Duval County. This funding is monitored and budgeted through a 91 I Committee through the City of Jacksonville.. It has been the past practice of the 411 Committee to remit funds back to the 911 PSAPs, which includes the City of Atlantic Beach. The funding is based on the total expenses for communications salaries (including 30% for benefits) multiplied by the percentage of time dedicated to 9l 1 calls for service. We have been using a 30% factor as a multiplier for several years. Each quarter, the City of Atlantic Beach submits the costs for emergency communications salaries including benefits, and Jacksonville reimburses 30% of the expenses back to Atlantic Beach. This contract is a consistent with the past annual contracts for this purpose. The numbers have been reviewed by Police Department staff, and they provide sufficient funding to cover the anticipated expenses over the next year. RECOMMENDATIONS: We recommend the approval of the 911 Contract ATTACHMENTS: See Attached REVIEWED BY CITY MANAGER: AGENDA ITEM NUMBER: PASSED by the City Commission on second and fmal reading this day of 1998. ATTEST: MAUREEN KING SUZANNE SHAUGHNFSSY City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JF.NSEN, ESQUIRE City Attorney 10 (b) Upon a finding by the city that the licensee or applicant has committed any of the acts set forth in subsection (a) hereof, the city may enter an order and take one or more of the following actions: (1) Deny the application for license pursuant to this ordinance. (2) Revoke or suspend a license previously granted pursuant to this part. (3) Place a licensee or applicant for a license on probation for a period of time and subject to such conditions a5 the city may specify. (4) Issue a letter of concern or reprimand. (5) Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant to this ordinance. (6) Impose an administrative fine not to exceed $2,500.00 for each violation of this part. (7) The city shall be entitled to a reasonable attorney's fee, including appellate fees and costs, in an action successfully enforcing any fine imposed under this part. (c) When the city has reasonable cause to believe that a licensee is operating in violation of this part, it may bring a civil action in any court of competent jurisdiction to enforce or administer this part, including a temporary or permanent injunction, or appointment of a receiver. (d) The city may adopt rules which set forth with specificity acts or practices which violate this part and which prescribe procedural rules for the administration of this part. Sec. 21-66. Transition period for regulations, restrictions and licensure provisions. Each secondhand dealer operating as a title loan lender on the effective date of this ordinance shall have six (6) months from the effective date of this ordinance to comply with the regulations, restrictions and licensure provisions of this part before the city may initiate any administrative or civil action, or refer a matter for criminal prosecution." SECTTON 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 1998. enforcement agency, taken into custody by a court, or otherwise disposed of by court order. (16) Chazging or receiving any fmance charge, interest, cost or fee which is not permitted by this part. (1~ Engaging in business as a title lender without fast securing the required license. (18) Refusing to accept partial repayment of the amount financed when all accrued finance chazges have been paid. (19) Chazging a prepayment penalty. (20) Capitalizing any unpaid finance chazge as part of the amount financed in the renewal of a title loan agreement. (21) F.cting as a title loan lender in the city six months after the effective date of this ordinance without a current, active license issued by the city pursuant to this part. (22) In any practice or transaction or course of business relating to the making of a title loan, negotiation, promotion, advertisement or hypotheca- tion of a title loan transaction, duectly or indirectly: (i) To knowingly or willingly employ any devise, scheme or article to defraud; (ii) To engage in any transaction, practice or course of business which operates as a fraud upon any person in connection with the purchase or sale of any title loan; (iii) To obtain property by fraud, willful misrepresenta- tion of a future act or false promise. (23) In any manner within the jurisdiction of the city to knowingly and willfully falsify, conceal or cover up by a trick, scheme or devise a material fact, make any false or fraudulent statement or representation, or make or use any false writing or document, knowing the same to pntain any false or fraudulent statement or entry. (24) Commission of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any title loan transaction in the city; or aiding, assisting or wnspiring with any other person engaged in any such misconduct and in furtherance thereof. (3) Fraudulent misrepresentation, circumvention, or conceal- ment of any matter required to be stated or famished to a consumer pursuant to this part. transaction. (4) Willful imposition of illegal chazges on any title loan (5) False, deceptive or misleading advertising by a licensee. (6) Failure to maintain, preserve and keep available for examination all books, accounts and other documents required by this part, state or federal law, or by any agreement entered into with the city. ('n Aiding, abetting or conspiring with an individual to circumvent or violate any of the requirements of this part or state or federal law. (8) Refusal to permit inspection of books or records in an investigation or examination by the city or refusal to comply with a subpoena issued by the city. a title lender. (9) Criminal conduct in the course of a licensee's business as (10) Knowingly entering into a title loan agreement with a person under the age of 18 yeazs. (11) Making any agreement requiring or allowing for the personal liability of a pledgor or the waiver of any of the provisions of this part. (12) Knowingly entering into a tide loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own or the registered name of his business. (13) Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured by any single certificate of title exceeds one third of the value of the motor vehicle. The city shall determine the method of assessing the value of the pledged property. (14) Failure to exercise reasonable care in the safekeeping of the certificate of title or motor vehicle repossessed pursuant to this part. (15) Failure to return the certificate of title or motor vehicle taken into possession to a borrower with any and all of the title lender's liens on the property procerly released within 30 days of the payment of the full amount due, unless the property has been seized or impounded by an authorized law 7 ownership continue to hold at least 75'% of the outstanding equity interest in the title loan location or office after the change in ownership. (h) To be eligible for title loan lending license, an applicant shall: (1) File with the city a bond in the amount of $35,000.00 for each license with a surety company qualified to do business in this state. In lieu of the bond, the applicant may establish a certificate of deposit or an irrevocable letter of credit in a Florida fmancial institution in the amount of the bond. The original bond, certificate of deposit, or letter of credit shall be filed with the city and the city shall be the beneficiary of such instrument. The bond, certificate of deposit, or letter of credit shall be in favor of the city for the use and benefit of any consumer who is injured in the context of a title loan transaction by the fraud, misrepresentation, breach of contract, financial failure, unfair or deceptive trade practice, disclosure violation or violations of any provision of this part by the licensee. Such liability shall be enforced by the filing of a suit in a court of competent jurisdiction. (2) Not have been convicted of a felony within the last ten years or be acting or. behalf of a beneficial owner who has been convicted of a felony within the last ten years. (3) Not have been convicted, and not acting on behalf of a beneficial owner who has been convicted, of a crime that the city finds directly related to the duties and responsibilities of a title loan lender within the past ten years. (i) The city shall determine the form of the license. (j) No part of this ordinance may be construed to impair or affect the obligation of any title loan agreement which was lawfully entered into prior to the effective date of this ordinance. (k) Licensees shall report changes in address, location or records, and any change of an executive officer within 30 days of the change. Sec. 21-65. Violations and penalties. (a) The following acts are violations of this part and shall constitute grounds for disciplinary action: (1) Failure to comply with any provision of this part, rule adopted under this party by the city, or any written agreement entered into with the city. (2) Fraud, misrepresentation, deceit or gross negligence in any title loan transaction. 6 (c) The city shall change a biennial renewal fee of $1,000.00. A license that is not renewed at the end of each two-yeaz period shall automatically become inactive. An inactive license may be reactivated within 90 days after the date it became inactive upon the submission of a completed reactivation form and payment of a reactivation fee not exceeding $200.00 and a biennial license fee of $1,000.00. No inactive license may be reactivated after 90 days. (d) Each license must specify the location for which it is issued and must be conspicuously displayed at that location. When a licensee wishes to move a title loan office to another location, the licensee shall give 30 days prior written notice to the city by certified or registered mail, return receipt requested, and the city shall then amend the license accordingly. A license issued pursuant to this part is not transferable or assignable. (e) Books, accounts and records; maintenance and examinations by the city: (1) Each licensee shall maintain, at the principal place of business designated on the license, all books, acwunts, records and documents necessary to determine the licensee's compliance with this part. (2) The city may authorize maintenance of records at a location other than a principal place of business. The city may require books and records to be produced and available at a reasonable and convenient location within the city. (3) All books, accounts, records, documents and receipts for expenses paid by the licensee on behalf of the borrower, including each contract signed by the borrower and expenses incurred by the licensee in the event of foreclosure and property recovery, will be preserved and kept available for examination by the city for two (2) years after the date of original entry. (4) The city may prescribe by rule the minimum information to be shown in the books, accounts, records and documents of licensee so that such records will enable the city to determine the licensee's compliance with this part. (f) Each licensee shall designate and maintain an agent in this state for service of process. (g) A licensee must apply to the city for a new license upon a change in ownership of 25% or more by a natural person in any titre loan location or office. No application for a license or an application for transfer of an existing license is required for any change, directly, or beneficially, in the ownership of a title loan location if one or more of the holders of at least 75% of the outstanding equity interest in the title loan location or office before the change in 5 of the transaction otherwise conflict with the permitted terms and conditions of a title loan agreement under this ordinance. (e) Any fees or taxes aid to a state agency and directly related to an individual title loan transaction may be collected from the borrower and shall be in addition to the permitted finance and interest chazge. (f) No chazges, including interest, in excess of the combined total of all chazges permitted by this section shall be allowed. Sec. 21-63 Transaction satisfaction and default. (a) When the title loan has been paid in full, the secondhand dealer must deliver to the borrower a certificate of title clear of all encumbrances placed upon the title by the secondhand dealer within 30 days of such payment in full. (b) A secondhand dealer who engages in title loan transactions may take possession of the motor vehicle upon the borrower's default under the title loan agreement. Unless the borrower voluntarily surrenders the motor vehicle, the secondhand dealer may only take possession of a motor vehicle through an agent licensed by the State of Florida to repossess motor vehicles. (c) A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall comply with the applicable requirements of Chapter 679, Part V, Florida Statutes. (d) Disposition of the collateral or motor vehicle may be by public or private proceedings and may be made by way of one or more contracts. Sale or other disposition may be as a unit or in parts and at any time and place and on any terms, but every aspect of the disposition, including the method, manner, time, place and terms including surplus of the debt, must be commercially reasonable. Sec. 21-64 Licenses. (a) No secondhand dealer may engage in business as a title loan lender six months after the effective date of this ordinance unless the secondhand dealer has a valid license issued by the city. A separate license will be required for each physical location of the title loan business. The city shall issue more than one license to an applicant if that applicant complies with the requirements of this part for each license. (b) An application for a license pursuant to this part must be submitted to the city on such form as the city may prescribe. If the city determines that an application should be granted, it shall issue the license for a period not to exceed two years. Anon-refundable application and license fee not exceeding $1,250.00 shall accompany an initial application for each title loan location. 4 (h) The secondhand dealer must display, in a prominent place in the title loan premises, for customer viewing, a sign no smaller than 3 feet by 5 feet with the following messages written in letters no less than 4 inches high: "IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS SECURTTY FOR THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCE CHARGES, YOU WILL LOSE YOUR VEHICLE. THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN 2.5 % PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%." Sec. 21-62 Maximum interest rate. A secondhand dealer who engages in title loan transactions may not exceed the following interest rates: (a) A secondhand dealer may charge an interest rate not to exceed 2.5% per 30-day period the title loan agreement remains outstanding and unsatisfied. In determining compliance with the maximum interest and finance chazges, the computation must be simple interest and not add-on interest or any other interest computation. (b) If the title loan agreement has not been satisfied within 360 days, a secondhand dealer may chazge an interest rate not to exceed 18% per annum for the time the title loan agreement remains outstanding and unsatisfied beyond 360 days. (c) The annual percentage rate that may be charged in a motor vehicle title loan may equal, but not exceed, the annual percentage rate that must be computed and disclosed as required by the federal Truth in Lending Act and Regulation Z of the Board of Governors of the Federal Reserve System. When the period for which the chazge is computed is more or less than one month, the maximum rate for the period must be computed on a basis of 1/30 the applicable monthly interest rate, multiplied by the number of days of the period. (d) Any transaction involving a borrower's delivery of a motor vehicle certificate of title in exchange for the advancement of funds on the condition that the borrower shall or may redeem or repurchase the certificate of title upon the payment of a sum of money, whether the transaction be chazacterized as a "buy- sell agreement", "sale-leaseback agreement", or otherwise, shall be deemed a violation of this ordinance if such sum exceeds the amount that a secondhand dealer may collect in a title loan agreement under this ordinance or if the terms 3 (a) The secondhand dealer maintains physical possession of the motor vehicle certificate of title; and (b) The borrower maintains possession of, or control over, the motor vehicle throughout the term of the loan; and (c) The borrower is not required to pay rent or any other chazge for the use of the motor vehicle; and (d) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement showing the loan amount, origination date, maturity date, finance charges, a description of the security, the ^nme and address of the borrower and the secondhand dealer, the rate of interest expressed in terms of annual percentage rate, the total number of payments required, and the total amount required to be paid over the life of the loan. In the event the borrower has a right to renew the loan, the secondhand dealer must deliver a statement with the information required herein for each renewal; and (e) The title loan agreement contains the following statements printed in not less than 14 point type: (1) Your vehicle has been pledged as security for this loan and if you do not repay this loan in full, including the finance chazge, YOU WILL LOSE YOUR VEHICLE. (2) You aze encouraged to repay this loan at the end of the 30 day period. The lender is not required to extend or renew your loan. It is important that you plan your finances so that you can repay this loan as soon as possible. (3) THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%. (4) The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen, it has no liens or encumbrances against it, the borrower has the right to enter into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for a duplicate certificate of title while the title loan agreement is in effect, and that doing so will be a violation of the law. (f) Immediately above the signature of the borrower, the statement that "I, the borrower, declare that the information I have provided is true and correct and I have read and understand the foregoing document." (g) A blank line for the signature of the borrower. 2 ORDINANCE NO. 75-98-t3 AN ORDINANCE OF THE CTfY OF ATLANTIC BEACH, FLORIDA, ADDING A NEW ARTICLE IV TO CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, REGULATING THE MOTOR VEHICLE TITLE LOAN INDUSTRY, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMbIISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: WHEREAS, Section 538.17, Florida Statutes, permits political subdivisions of the State of Florida to enact laws more restrictive than the provisions of Chapter 538, Part I, Florida Statutes; and WHEREAS, the City Commission of the City of Atlantic Beach fmds that consumers in Atlantic Beach are in need of greater consumer protection for motor vehicle title loan transactions than are provided in Chapter 538, Part I, Florida Statutes, BE IT ENACTED by the City Commission on behalf of the people of the City of Atlantic Beach, Florida: SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new Article IV, MOTOR VEHICLE TITLE LOANS, to Chapter 21, TRAFFIC AND MOTOR VEHICLES, which shall read as follows: ARTICLE IV. MOTOR VEHICLE TITLE LOANS Sec. 21-60 Definitions. (a) ?itle loan agreement means a written agreement whereby a sewnd- hand dealer agrees to make a loan of a specific sum of money to the owner of a motor vehicle, and the owner of the motor vehicle agrees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned by the borrower and encumbered only by a title loan agreement. (b) Secondhand dealer has the same meaning as used in §538.03(1)(a), Florida Statutes, as it may be amended from time to time. Sec. 21-61 Motor vehicle title loan transactions. A secondhand dealer registered under Chapter 538, Part I, Florida Statutes, may engage in motor vehicle title loan transactions, as that term is used in Chapter 538, Part I, Florida Statutes, if the following conditions are met: 296 Made more general to increase abilities to correct errors. 29'7 Updates violations to include Florida State Statutes. 298 (a) States current contribution rates for police and fire and current contribution rate for general employees and removes requirement of a vote by the benefit group. (c) New paragraph (c) created to provide for city picking up employee contributions in accordance with IItS provisions and prohibiting individual from receiving such contributions directly. (d) Curreni vaagraph (c) is moved to (d) correcting the subsection number. ALTERNATIVES TO CHANGES Except for those that reference Florida State Statutes and the IRS Code, these changes are designed to improve the efficiency of the boards control and management of the trust. All of the suggested changes are standard concepts edited to fit the existing style and language of the current ordinance. October 1998 Page 5 (4) Language added to allow any other benefit approved by the board. (5)(a)-(d) Provides for direct transfers of eligible rollover distributions. 283 (b) Deletes subsection reference and adds language to apply to this entire 284 (a) Provides the greater of benefits provided in this subsection and 2-283. Also deletes language relating to subsection not applying to member who has a valid designation of beneficiary in force. (b) Deletes reference to terminating benefit due to remamage of spouse; not legal for fire or police. (c) Extend benefit for children still in school unti123 years of age. 285 (c) Includes maximum benefits allowable under IRS Code and to capture IRS exemption allowed at July 1, 1993 levels for members prior to January 1, 1996. 286 Substitutes "retirement system" for "city". 287 Deleted in entirety. 288 Rewritten to address provisions and procedures for state and city contributions as to timeliness (175 & 185 monies within five days and city quarterly) and actuarial funding over 40 years using tables adopted by the boar referencing FSS and IRS code. 289 Deleted in its entirety. 290 Rewritten to authorize board to control investments, hire managers, pay managers form trust fund, have manager acknowledge fiduciary status and vary from procedures in Chapters 175 & 185 FSS. 291 No Change 292 Authorizes board to purchase Insurance for board and trustees. 293 .Deleted in its entirety. 294 No Change 295 Deletes reference to any optional benefit and added language to include disability, death or survivor benefit and other remedies, including forfeiture of benefits, provided by law. bctober 1998 Page 4 279 (a) Provides disability benefits to anyone regardless of age or years of service. Alse some housekeeping changes (i.e.: salary-compensation) for continuity. (a)(1) Paragraph added to provided for fire and police presumptive diseases contained in state law. (b) Provides functional disability within benefit group rather broad language of as a city employee. Also defined each benefit group. (c) No Change (d) Changed mandatory language to permissive concerning the requirement of a period examination by physician or surgeon. Also, added that refusal to submit to such exam will result in suspension of pension benefit until exam is agreed too. (e) Provide a 42% minimum disability pension benefit for fire and police. (f) Clarifies intent of last sentence. (g) Defines recovery from a disability as being able to perform duties within benefit group belonged to at time of the granting of the disability benefit, regardless whether re-employed by city or not. (h) No Change 280 (a) No Change (b) Deletes reference to medical director and removes requirement that the city rehire disabled persons in commensurate positions. This provides continuity with previous language -Sections 2-270(6)(7) and 2-279(6). (c) Deletes reference to restoration of credited service. This provides continuity with Section 2-274. 281 No Change 282 (1) and (2) Deletes reference to insurable interest. Makes it specific that designated beneficiary is recipient of benefit. (3) Deletes specific age reference, not allowed under laws prohibiting age discrimination. Also, makes this option available to all members, not just general employees. October 1998 Page 3 (b)(6) Gives Executive and Department Head positions, whether hired into or promoted to, the option of participating in the retirement system. Also making election irrevocable while in the position. (c) Defines termination of membership in the retirement system; terminating employment with the city; ceasing employment in a position requiring at least 1,000 hours of work annually; or becoming employed in an excluded position. 272 No Change 273 No Change 274 Requires payment for reinstatement of credited service when re-employed if refund of contributions was received. 275 (a)(3) Provides that military service credit is not available for person who received dishonorable discharge. (a)(4) Provides that military service credit is not available for person who has already received such credit in any other retirement system. (a)(5) Requires payment for military service credit prior to individual's retirement date. 276 (a)(1) Deletes deadlines for applying for retirement. (a) (2) Defines retirement as working less than 1,000 hours per year, consistent with employment after retirement provisions. (c)(1) Allows reemployment without losing pension to positions requiring less than I ,000 hours of work per year and 12 month waiting period for restoration of benefits deleted. (c)(2) Allows retired person to return to employment requiring 1,000 or more hours of work per year to obtain credited service for such employment but have current pension benefits suspended. (c)(3) Deleted. Conflicts with new language in (]) & (2). 277 Deleted. Not in compliance with State law. 278 (a) Allows a person to remain a member until reaching normal retirement age and service requirement when they will receive a pension calculated in 2- 276 & 2-281. Deleted specific age reference and required contributions to be left in retirement system. October 1998 Page 2 ATLANTIC BEACH EMPLOYEES' PENSION FUND SUMMARY OF CHANGES TO PENSION CODE Section Description 261 No Change 262 Clarifies definition of retirant to satisfy conditions for receiving benefit. 263 No Change 264 Enhances Board of Trustees authority. 265 No Change 266 No Change 267 Changed from two to four year terms and established staggered terms. 268 Changed vacancy from five to three meetings missed. 269 No Change 270 (4) Corrected spelling of counsel. (6) Deletes medical director and establishes Administrative manager. This allows board to employ an Administrator. (7) Authorizes medical professional and authorizes board to establish procedures to hire and compensate professional services. 271 (b)(2) Provides a detailed definition that now permits exclusion of managerial or professional employees working under a contract. {b)(3) Deleted (b)(4) Changed to (3) (b)(4) Excludes from membership positions compensated on a basis not subject to withholding of Federal Income Taxes or FICA taxes. (b)(5) Excludes Temporary employees. October 1998 Page 1 - ~ 7A ~ J- z3- ~S THE COMPLETE TEXT OF ORDINANCE N0.58-98-25 IS AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICE OF THE CITY CLERK. City of Atlantic Beach -- Buccaneer WWTF AO 40 NE page 7 of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within [en days after the deadline for filing a petition, as set forth above. choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. As provided in section 120.573 of the Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by sections 120.569 and 120.57 for holding an administrative hearing and issuing a final order. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons seeking to protect their substantial interests that would be affected by such a modified final decision must file their petitions within fourteen days of receipt of this notice, or they shall be deemed to have waived their right to a proceeding under sections 120.569 and 120.57. if mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under sections 120.569 and 120.57 remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. DONE AND ORDERED on this /~ %i! day of ~"•~.t+L'c.'C. 1998 in Jacksonville, Florida. STATE OF FLORIDA DEPARTMENT OF EWIRONMENTAI, PROTECTION J M. Owen, P.E. W TER FA ILITIES ADMINISTRATOR Copies furnished to: ~ Andrew R. May, P.E. -- Gannett Fleming, Inc. PWSD, AWQD M. B. Adelson, OGC -- Tallahassee Alan Potter, Sr. r City of Atlantic Beach -- Buccaneer WWTF AO 40 NE page 6 The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition or request for mediation within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code. A petition that disputes the material facts on which the Department's action is based must contain the foiiowing information: (a) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any;each the Department case or identification number and the county in which the subject matter or activity is located; (b) A statement of when and how each petitioner received notice of the Department action; (c) A statement of how each petitioner's substantial interests are affecte3 by the Department action; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A statement of facts that the petitioner contends warrant reversal or modification of the Department action; (f) A concise statement of the ultimate facts alleced, as well as the rules and statutes which entitle the petitioner to relief; and (g) Demand for relief (sought by the petitioner, statinc precisely the action that the petitioner wants the Department to take). A petition that does not dispute the material facts on which the Department's action is base3 shall state that no such facts are in dispute and otherwise contain the same information as set forth above, as required by rule 28-106.301. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affecte3 by any such final decision of the Department have the richt to petition to become a party to the proceeding, in accordance with the requirements set forth above. In addition to requesCirg an administrative hearinc, any petitioner may elect to pursue mediation. The election may be accomplished by filing with the Department a mediation agreement with all parties to the proceeding (i.e., the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing). The agreement must contain all the information required by rule 28-106.x04. The agre_ment must be received by the clerk in the Office of General Counsel City of Atlantic Beach -- Buccaneer WWTF AO 40 NE page 5 3. City of Atlantic Beach shall maintain and operate its facilities in compliance with all other conditions of DEP Permit No. FL0023248. 4. This order may be modified as set forth in chanter 62-4 and 62-620 of the Florida Administrative Code. 5. Reports or other information required by this order shall be sent to: Jerry M. Owen, P.E. Water Facilities Administrator Northeast District Office 7825 Baymeadows way, suite 8200 Jacksonville, Florida 32256 6. This order does not operate as a permit under section 403.088 of the Florida Statutes. This order shall be incorporate3 by reference into DEP Permit No. FL0023248 which shall require ccmoliance by the permittee with the requirements of this order. 7. Failure to comply with the requirements of this order shall constitute a violation of this order and DEP Permit No. FL0023248, and may subject the permittee to penalties as provide3 in section 403.161 of the Florida Statutes. 8. This order is final when file3 with the clerk of the Department, and the City of Atlantic Beach then shall implement this order unless a petition for an administrative proceeding (hearinc) is file3 in accordance with the notice set forth in the following section. IV. NOTICE OF RIGRTS A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Petitions by the applicant or any of the parties listed below must be filed within fourteen days of receipt of this written notice. Petitions file3 by any persons other than those entitle3 to written notice under section 120.60(3) of the Florida Statutes must be file3 within fourteen days of publication of the public notice or receipt of the written notice, whichever occurs first. tinder section 120.60(3) of the <<^lorida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice, regardless of the date of publication. W gH 3 M v v F ro U U 7 61 V A U L K m .a Y a .., ~' o < 0 ~. Y V L C1 -a O m u a a u 3 _ ~ c E u m = m u `u ~ A u c E ~ ~ m . u E c t c m ~ m V p i H ` a `' o ~ , d+ u ~ Q ~ j m ,~ m u ~ ~ t u 1O ~•- `u m u o ° - E ~O u G ~ u ~ v ~ a O m u s ~ "] > v a~ L u u 6 ° . ~ •• c u E a u _ _ ~ ~ m L' s °u 3 c' 0 06 c ~ u u ~ ~ c ~ ~ . cu ~ c_ u u u 3 r s m o a u .- a o n ~ o N = . u ~ E ~ ~ o ~ ~ _ ~ C E a ~ O u ~ t u ; 3 ~ , L ~ u u~ S _ c-~ u ~ E c~ _ G m _ ~ E m ~ y L c = € Z m u n o = u ` u ~ u ' r- ~ a ~ ~.. r • ~ i u c e`a- L ~ C - E u F i C c '^ ~ V a H- .-]~ ~ `" O N ~ H b o u` u u ~ .a ~p G S u ~ ~ V N . p C ~ C ~ ~ ? _ N y ~/ N V V `. . ~ V V 7 Y N V ~ V ~ . Y ~n ` _ C a t G ~ 3 0 3 u C! ~ W r N W v G m U V 7 1 ~ x ~ U m u v y ~ C U ~ ~ L C C ~ ~ m ~ o V L a t ~ W N ~o `~' E ?~ a w '~ a~ Cf u u ° a a Cu C W u 'v 3 _o ~ .~ N C •` U O ~ L W G N N y U ~ u u t .~ 6 C u u T O ~ N ~ ... c ~ O o E u ~ ~ ~ C c ~ °0 E c ._ u . ~_ C G ... '^ C ~ y `c_ G `" C o ._ a+ u C. C u V u i o C G c C ~ -~ .E in ~ C V r.. ~ ~~ C G U V C_ O c C ~. 3 O .n u U V a v u .n° u c C. 0 v .y e0 c C E v c C c N Y E N L V u u ; E E C. ~_ E c c c ~ C 'm Y 1. t' O c _ ~ 3 U 9 u u !~ C. .G. e ,~ u (7 G L T ~. Y C c .-. ~ .. u ~E u E C ~ C L '+ c u Y 7_ 7 ~ c c _` u .c. u C ~ G u r c= o E c u G 5- ~e u ~-. c y a - v .. c ^ _ ~i c u c ~ E-~ r C = U Q T - C 1~ ~ c - . r. - - _ c e ~ T > r'~ G ~ ~+ G C r_ ._ u c c ~ E L tN1 1. N u ~ u ~ ~ 6 O ~ c u m ~_ N O N tCY N G r G ~ ~ u C u E F `° N u y~ G u u u_ N N O u_ u o N Q u ~- ^C N y Y u u 0 co c ~ a o u G y t E p C E ~E r_ E c u u L Y V u c G C N r_L 0 0 o ~' D C Q C Y y y C .J aL .'. C c ~ y C V N i C u ~_° ~° c c u u E ~_ N G t c u u C c u c 0 C s ep Y. N City of Atlantic Beach -- Buccaneer WWTF AO 40 NE page 2 constructing, installing, or placing into operation, an approved pollution abatement facility or alternative waste disposal system; (2) The applicant needs permission to pollute the waters within the state for a period of time necessary to complete research, planning, construction, installation, or operation of an approved and acceptable pollution abatement facility or alternative waste disposal system; (3) There is no present, reasonable, alternative means of disposing of the waste other than by discharging it into waters of the state; (4) The discharge will not be unreasonably destructive to the quality of the receiving waters. III. ORDER Based on the foregoing findings of fact, IT IS ORDERED, 1. City of Atlantic Seach shall comply with the following schedule: ACTION ITEM DUE DATE Begin construction of modified plant February 8, 1999 Submit first summary report of construction progress May 10, 1999 Submit second summary reoort of construction progress August 9, 1999 Submit third summary reoort of construction progress November 8, 1999 Submit notification of completion of construction for February 8, 2000 modified plant Plant operational and in compliance with all limits April 7, 2000 I specified in condition I.A.1. of the permit except for total recoverable copper and total recoverable mercury Submit a plan of action to identify sources of copper June 6, 2000 and mercury in the wastewater collection system and reduce effluent concentrations of the metals Implement the plan of action July 6, 2000 Submit first report summarizing progress toward October 5, 2000 compliance with final metals limits Submit second report summarizing progress toward January 3, 2001 compliance with final metals limits Submit third report summar:~zing progress toward April 3, 2001 compliance with final metals limits Submit fourth report summ~srizing progress toward July 2, 2001 compliance with final metals limits Comply with final limits for total recoverable copper October 1, 2001 and total recoverable mercury 2. City of Atlantic Beach must meet the following interim effluent limitations for total recoverable copper and total recoverable mercury: ~~~`~. z _~gi~, fem... ~ Department of Environmental Protection Northeast District Lawton Chiles 7825 Baymeadows Way. Suite 8200 Governor Jacksonville, Florida 32256.7590 Virginia B. We[herell Secreury BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE MATTER OF: IN THE OFFICE OF THE NORTHEAST DISTRICT City of Atlantic Beach Administrative Order No.: AO 40 NE 1200 Sandpiper Lane Atlantic Beach, Florida 32233 DEP Permit No: FL0023248 Buccaneer WWTF ORDER ESTABLISHING COMPLIANCE SCHEDULE UNDER SECTION 403.088 (2)(f), F.S. I. STATUTORY AUTHORITY The Department of Environmental Protectior. (Department) issues this order under the authority of section 403.088 of Che Florida Statutes. The Secretary of the Department has delegate3 this authority to the Director of District Management, who issues this order and makes the following findings of fact. II. FINDINGS OF FACT 1. City of Atlantic Beach is a person under section 403.031 of the Florida Statutes. 2. City of Atlantic Beach owns and operates a wastewater treatment facility located at 739 Wonderwood Drive which discharges wastewater into waters of the state as defined in section 403.031 of the Florida Statutes. 3. City of Atlantic Beach has applied for a permit under section 403.088(2) of the Florida Statutes. 4. City of Atlantic Beach's discharge does not/will not meet the limits for total recoverable copper and total recoverable r,.ercury within specific condition number I.A.1. of DEP Permit No. FL0023248. 5. Sections 403.088 (2)(e) and (f) of the Florida Statutes authorize the De?artmeat to issue a permit for the discharge of wastes into waters of the state, accompanied by an order establishing a schedule for achieving compliance with all permit conditions if the specified criteria are met. 6. The Department finds that (1) The applicant is constructing, installing, or placing into operation, or has submitted plans and a reasonable schedule for "Protect, Conserve and Manage Florida's Envircement and Notural Resources" Pnnttd on re<rc/ed pope. A7~',4cyy~vT' 3 Meadors Constructtoa Co., jaC. oenesti, conT~croRs sass Lenox avenue rnone ~wal se~•saos rwCK90rrv~LLC, noNDA 3]20e ~ ~. ~ fwx (YO41 a06-7706 October 30, 1998 Ms. Donna Kaluiniak Department of Public Works City of Atlantic Beach 1200 Sandpiper. Lane Atlantic Beach, Florida 32233-a18t. RE: Buccaneer .Wastewater Treatment Plant Expansion Dear Ms. Kaluzniak: As a followup to our telephone conversation yesterday, we agree to start work within-90 days after the FDEP issues a_ construction permit, with the understanding that the City will issue a Motice of Award promptly (within 15 days ) after that permit is~issued. This letter is intended to be consistent with ouY' letter of June t0. Please call me if you have any Questions. Very truly yours, MEADORS CONSTRUCTION CO_, INC. J°~ '`° Jack Meadors III President /-1/t~ - $uc c LJlt1rP ~P• Meadors Construction Co., Inc. •ee~ unox Avenue JACK3onVIL1.L. ILOInDA 33303 rnone tetxt se~•xsos rAx lDOy see-~~oe Iune10,199g Mr. Robert S. Kosoy, P.E. DirectorntPeblic Works Citv of Atlantic Bead -Florida 12tt0 Sandpiper lane e!!.^.nrrB.:ech, F:a!ic!a X22+3-i?g1 Re: Buccaneer Wastewater'frcatment Plant Expansion Request for Ex7ens'on of Did Dear Mr. Kosoy: GENERAL CONTRACTORS r.o. eox eoose JACtraonvtu.e, notttnA saxse ,_6_;o=9a Jiii~; 1 1 i99C °t!BLIC N.'O~tKS In response m your letter of May 19, we agree to extend our bid from its guarantee date of June I 1 to December 8. 1998. subject to the following understandings: The Ciq ail! defer issuance of a Not;~c to P: a;a-d fire ut• to 90 dad s after issuance eta !~o:ice of Award. 1~'e will endearror [o star, wod: s son:: as pas:'vi;; after awzrd of the cantratt, ~~ut .re uud sonic fi.-xibiliq in schedulin3 dec to!hs delay. "f he City wilt aporove regocsts Cur suM,Llutirnc of nluipmet~t and sut+comractors th;~t wr r,:med w our hid. sa !ono as Qte egwpm-n! or svbcontradcr liar r.e tuepse cc~n:p;:e; with Gte cawact s,.ecifi tons or is quailed w perfontt the work. The Cih and its engineer tvi!I consider our proposal to cmtstrc~n the new inl!t:ent pmm~ :tauon wetwel; osing lhr caisson mettnxl. We look iorvard to }•our early, su~ressful resolution of the FDEP hearing process 2nd the opportunity to work with the Cih' on this project. ! erv rode routs, PitE.y'1(IP.S CO\STRIJCT[ON CO. R:C. Jack Meader> 11; President /17/'ACH/ yENT 2 A 688 6 6 8 BB 8 8 e$ o ~~~ ~ ~ ~ ~~ ~ ~ ~ ~ 8888 8 8 ~', :S _ G CS:C } 8 8 8 8 88 8 8 8 R~ ~ R8 8 8 ~ ~ ^ w ~ E 688 8 6 8 88 8 8 a 8 s888 8 8 ygc _ __ _ 3 k _ 8 8 8 8 86 8 8 2 ... R . II E 888 B 8 8 88 8 8 8 8 `o R~~ ~ ~ ~ ~~ ~ ~ ~ ~ 8688 8 ~~~A ~ 8 ~ g _ •• - .. ~ ~ e _R ICYY~ ~ .. b s 8 8 8 8 68 8 S 8 R B Y$ R .. :. ~ 4 i g :; 868 8 8 B 8s8p R8A 8 8 8 o~ ~~R ~ ~ R :ai T = n = 8888 8 o~eR ~ 8 ~ 86 .. .. c _.. c x8_ x 8 ~ ^ ~ ~ C:CY~ s' 3 - 6 8 8 R 86 8 8 Y IX ^_ RR R - € .. ~ .. .... _ a S ; I 3 ; o ~ sae B a s sa 8 s e s 8~ ~ X 8 R~~ ~ ~ ~ ease s ~~88 ~ s i _ - Y w A^ fi ~ - ~ - C>CYY p ~ 8 8 8 a 88 8 8 B R R _ ey ° w a ~ J a ' R R ~ 8 ^8 R _ - ---- ~58y +~~~: ~~~ ~ ~~d~. F ue k pk . ~ $~~ b~ 5~ 5Y }'~~€ W ~~ ; ~~g g 2 qg ~ ~e ~ ~ ~ E 'i3~~€~~" 9 ~g4 °~.Y~ d ~ ~ ~ ~ ~ ~~q~Y9YgV ~a8~ GQ~~~~$ ~B ~` II ~ 6~8zqq ~+ ~ ~ 'YYYY t.... £2F4 Y~ ~ ~ d Ss~ ~~ Y~g t~ ~ ~ 3 ~ 0 0 ~<~~~$3~=~a~sn~~~~~~~~~$~~~~ ~~~~~ ~ = ~:l2 n <• u o o Bi<~i $ ~ ~ trr.. S Y88 885, R8S draw g3t~ $Ie ~~~ ~~~ ~~~ a~ ~~ ~~ W ~. STAFF REPORT November 18, 1998 Page No. 2 Prior to Bid, a Mandatory Pre-Bid Meeting was held and all of the above bidders were afforded the opportunity to ask questions and visit the plant site. Meadors Construction Company has performed water and wastewater plant construction for Atlantic Beach in the past and their work has been excellent on every project. In reviewing the Bid Analysis (see attachment), bid prices for Bid Additive Items from the low bidder, Meadors Construction Company, aze as follows: Bid Additive Item Bid by Low Bidder Al. Fumish and Install Odor Control Equipment $ 53,000 A2. Fumish and Install Fiberglass Grit Removal S 115,000 A3. Fumish and Install Duplex Reuse pump Station S 17,500 A4. Furnish and Install Chlorine Contact Tank Walkway $ 24,500 Upon review of these bid prices and the purpose of each additive item, as described in the engineer's letter dated March 19, 1998, staff believes that Bid Additive Items No. A2, Fumish and Install Fiberglass Grit Removal, and A4, Fumish and Instal] Chlorine Contact Tank Walkway, are the highest priofity additive items. In a June 10, 1998 letter, Meadors Construction Company agreed to extend their bid from its guarantee date of June 11 to December 8, ]998. They also agreed in a letter dated October 3Q, ]998, to start work within 90 days after we receive our Florida Department of Environmental Protection (FDEP) Permit (as required in our FDEP Administrative Order), provided the City will issue a Notice of Awazd within 15 days of permit issuance. We received our permit from FDEP on November 13, 1998. RECOMMENDATION: Approve the bid of Meadors Construction Company for the Buccaneer Wastewater Treatment Plant Expansion for the Total Base Bid and Additive Items Nos. A2 and A4, and a minimal contingency of $100,000 (6%), for a total contract price of $1,753,187.00. Authorize the City Clerk to send notification of the awazd to the bidder and authorize the City Manager to sign the contract with Meadors Constmction Company. Approve the increase in the Fluidyne Corporation Purchase Order #16071 for a total of$14,842, which includes a full Equipment Performance Bond. ATTACHMENTS: 1. Bid Analysis 2. Letters from Meadors Constmctior. Co. dated: a) 6/10/98 b) ] 0/30/98 3. Administrative Order from FDEP. Previous Staff Reports (4/30/96, 3/24/97,1 /26/98, 3/19/98) on file with City Clerk. REVIEWED BY CITY MAN AGENDA ITEM NO: `YA COMMISSION MEETING DATE: II -Z3" 9~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Recommendation of Award to Meadors Construction Company, Inc. for the Buccaneer Wastewater Treatment Plant Expansion, City Bid No. 9798-6, City Project No. BS9601, and Increase to Purchase Order # 16071 for Fluidyne Corporation. SUBMITTED BY: Robert S. Kosoy, P.E., Director of Public Works '~ DATE: November 18, 1998 (Revision to Staff Report of 3/19/98) BACKGROUND: The project is to expand the treatment capacity of the Buccaneer Wastewater Treatment Plant on Wonderwood Drive from 1.3 Million gallons per day (MGD) to 1.9 MGD, convert the plant process to using Sequencing Batch Reactors (SBRs) within the existing steel tanks, provide a new master pump station, and associated plant repairs and improvements. On April 30, 1996, the City Commission authorized the design firm of Eder Associates to begin preparation of the plans and specifications for the project. At the time, the firm proposed that the preliminary cost would be $1,440,000 using the SBR process, saving approximately $220,000 if a conventional treatment system were designed. On March 24,1997, the City Commission authorized Eder Associates to undertake additional work for an efFluent pump station design, which had originally been excluded from the design engineer's contract since it .vas felt the existing pumps would be adequate. On January 26, 1998, the City Commission approved the direct purchase of the SBR equipment from Fluidyne Corporation for 5374,131.00 and a Purchase Order was issued. Shop drawings were delivered on April 7, 1998, and Fluidyne Corporation was advised to revise their Release to Order date on two occasions - from May 1 to June 1, 1998, and later from June 1 to at least December 8, 1998. On the second occasion, Fluidyne Corporation required a 3% increase of $11,332.00 plus $3,510.00 if the City preferred a full Equipment Performance Bond. We have received a letter from our design engineer dated March 19, 1998, explaining why the bid prices were higher than the engineer's original estimate. Five (5) Bids were received by the Awards Committee on March 13, 1998, for the Buccaneer Wastewater Treatment Plant Expansion, City Bid No. 9798-6, City Project No,. BS9601, from the following Pre- qualified companies: i r• Meadors Construction Company Ortega Industrial Contractors WPC Industrial Contractors Harry Pepper & Associates. Sawcross, lnc. Base Bid Bid Additive Item s Total Base and Additive $ 1,513,687 $ 210,000 5 1,723,687 51,599.194 5 204,254 51,803,448 5 1,682,000 5 225,000 $ 1,907,000 5 1,952,456 5 206,800 $ 2,159,256 $ 2,529,550 $ 340,000 S 2,869,550 comprising of 3-300,000 gallon quiescent sepazation tanks, physical-chemical treatment, dissolved air flotation, and cazbon filtration. The off base housing azea includes 4000 feet of gravity sewers force main with one (1) pump station. Sewer service is currently provided by the City of Atlantic Beach. Should privatization occur, the ownership of the entire systems including all operating responsibility shall be transferred to the new owner. All responsibility for maintaining reliable service, including (but not limited to) such items as environmental compliance and permits, maintenance, major system renovations, construction, equipment, manpower, and overhead costs shall become the new owner's responsibility. Our reseazch indicates your company holds a franchise for these azeas. This office would like to discuss with you the possibility of transferring our system infrastructure to your service azea. If you aze interested in opening these discussions, please respond in writing with a point of contact by 20 November 1998. A one or two page letter is sufficient at this time. If you aze interested, a site visit and pre-proposal conference will be held at a later date to define in detail the scope and nature of this facility for you to gain additional information for preparing a proposal. If you require additional information, please call Catherine Wilber at (843) 820- 5698. 1tal(~h A. Peters Contract Specialist Utilities/Energy Services Branch Copy to: CONS Mayport PWO NAS JAX CINCLANTFLT, CDR LARRY VAN DESSEL Code 300, PWC, NAS JAX tIv.. B. 1'i9E 3: %;Pki itv. ^?S? F. r ~r 11. Enforcement. Tn the event of any enforcement activity or litigation by a patty relating to this Agttxment, each patty shall bear its own attorneys' and paralegal fees and court costs, including those incurred on appeal. 12. Sur~ivabttiri. The representations, warranties, indemnities and obligations of Company contained herein shall survive the completion of the Activity referenced herein. 13. ]yyg~ssi>mab(lity. This Agreement may not be assigned by Company except to a qualiiied successor regulated by the Florida Public Service Commission. 14. Entire Agreement. This Agreement constitutes the entire understanding and Agreement behveen Ute pazties sad may not be changed, altered or modi5ed except by an instrument in writing signed by the party against whom enforcement of such change would be sought. This Agreement shall be binding upon the patties hereto and their respective successors and assigns. I2V WITNESS WHEREOF, this Agreement has been executed and exchanged as of the date 5rst above written. WITNESSES: COMPANY: PEOPLES GAS SYSTEM, a division of Tampa Elatric Company Name: Its: (Corporate Seal) WITNESSES: CITY: THE CfTY OF ATLANTIC BEACH, a Florida municipal corporation Name: (City Seal) FI:SCIIDNVI.EIPCSIATLANtK}RpR'USEZ.AGR 4 :-r •. ~.. ATTACHMENT R NOVEMBER 9, 1998 COMMISSION MEETING DEPARTMENT OF THE NAVY 60VfME1W gvLRgN NAVAL FAG0.rtIE9 ENOINEENYq COMMAND P.O. lDX 1i0C10 7156 EAGLE 0111VE NORTH CHARLE6TON, s.c. 7W 10.W1o 11-uy-~o CERTIFIED MAIL-RETURN RECEIPT REOL'ESTED City of Atlantic Beach ATTN: Mr. James Jazboe 800 Seminole Road Atlantic Beach, FL 32233-5445 Gentlemen: 11310 0234RP 23 October 1998 The Department of the Navy requires safe, reliable, modem, and economical utility services. Utility ownership, operations, and maintenance aze neither core functions of the Navy/Marine Corps nor inherently governmental. For these reasons, the Department of the Navy is exploring the potential of transferring permanent ownership (privatization) of the water and wastewater utility systems at Naval Station Mayport. The following is provided only to give an approximation of the size and general description of each system. Any numbers are only estimates. NAVAL STATION MAYPORT WATER Potable water at NS Mayport is supplied by four (4) deep wells and is treated on site by aeration and chlorinated at each storage tank. The water plant operates under St. John's Water Management District Consumptive Use Permit 2-031-0029UGRM. There are 336,000 feet of water mains two (2) ground level tanks (one 2 MG and one 0.5 MGD). There are 220 back flow prevention devices being maintained in the distribution system. The off base housing azea includes 4000 feet of water lines but no storage capacity. The City of Atlantic Beach provides water service. WASTEWATER The wastewater collection system is comprised of 150,000 feet of gravity sewer and force main with 24 pump stations. The wastewater is treated at a 2 MGD complete mix activated sludge plant consisting of automatic bar screen/grit removal system, flow splitter box, flow equalization basin, secondary clarification, aeration basins, aerobic digesters, sludge drying beds, chorine contact chamber with dechlorination. The discharge is by gravity to the St. John's River. There is a .288 MGD oily waste pretreatment facility If to CITY at: City of Atlan[ic Beaeh 1200 Sandpiper Lane Atlantic Beach, FL 32233 Attention: Jim Jarboe, City Manager with copy to: Alan Jensen, City Attorney City of Atlantic Beach P.O. BOX 50457 Jacksonville Beach, FL 32240 tiv. ?~? f. 4'5 Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given an the date of delivery, provided the return receipt is received. 7. Construction. This Agreement shall be governed by, and constmed and enforced in accordance with the laws of the State of Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof, and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singulaz and the use of any gender shall be held to include every other gender. 8. Captions. The captions of the various pazagraphs of this Agreement are inserted for the purpose of convenient reference only and shall not affect the construction or interpretation to be given any of the provisions hereof or be deemed in any manner to defino, limit, modify or prescribe the scope or intent of this Agreemrnt or any provision hereof. 9. Severability. In the event any term or provision of this Agreement shall be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be gives its neazest legal meaning or be construed as deleted s such authority dcicrmines, and the rtmamdet of this Agreement shall be wnstrued in full force and effect. 10. ount arty. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. rr:~cnosturE,resuru xrraaowt; serwctc tiC . 6. f 29E 3:2'1F'.3 11~~. ".'S~ F. 1'c c. Company agrees not to use any of City's rights of way for accumulation, storage or disposal of any substances resulting from the conduct of the Activity. 2. Term of Agreement. This Agreement shall be for a term, commencing on November 1998, and ending upon the earlier of the granting of a gas utility franchise by the City to the Company or the termination of Company's obligation to serve the Mayport Naval Station. 3. Maintenance, Repair and Miti,Pation. Company agrees to take all due care in its use of City's property and to maintain same in good condition during the term of this Agtrtmeat and to restore same, except as City otherwise may permit, to the condition that existed upon the commencement of Company's Activity under this Agreement, including any mitigation required by any government agencies for any disruption or displacement ofnatural conditions caused by Company's Activities under this Agreement. 4. Indemnification. Company shall indemnify and agrees to defend and hold harmless Ciry against all claims, damages, losses and expenses (including reasonable attorney's fees) for injury to property, persons or the environment which arise out any negligence of rho Coatpany in connection with the Company's Activity or access to City's lands under this Agreement. 5. IYl{tue~oi Agreement. It is understood and agreed by the parties that this Agreement and the rights conferred hereby are an occupancy permit or easement, and nothing herein shall be deemed to grant Company nay ownership interest in any lands of City or any rights other than as set forth in this Agreement. 6. Notices Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, scat by recognized overnight courier (ruch as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to COMPANY at: Peoples Gas System Attention: fr~C[f6MULEIPGSV~TLwvr7G~Rpwl)SF1.wGR tiC . ~. 199: _~F-'. ti~..,._ F. _. :, RIGHT OF WAY USE AGREEMENT MADE THIS _ day of November ]998, by and betwew PEOPLES GAS SYS'T'EM, a division of Tampa Electric Company, a Florida corporation, ("Company") and THE CITX OF ATLANTIC BEACH, FLORIDA, a Florida municipal wtpomtion ("City"). WITNESSETH: WHEREAS, the Company is engaged in constructing a natural gas main (the "Facility's to serve the Mayport Naval Station, a United States Navy facility ("Project"), and WHEREAS, the Facilities must be constructed along and within certain rights of way belonging to the City, and WHEREAS, the Facilities, upon wmpletion, will permit the Company to make gas service available within such areas of the City az aze feasible to service, and WHEREAS,Company has requested access to a portion of the Cit}rs rights of way for the purpose of construction, maintenance and operation of those portions of the Facilities within the City's jurisdiction (the"Activities"), and WHEREAS, Company has committed to promptly negotiate in good faith with the City to obtain a franchise so that it would have the opportunity to serve feasible areas within the City, and WHEREAS, City has agccd to permit the Activities to the terms and conditions set forth below, NOW, THEREFORE, in consideration of Trn Dollars and other good and valuable consideration exchanged between them and the mutual benefits expected to be derived, the receipt and sufficiency of which is aclmowledged, City and Company agree az follows: Access Perm~sion. a. City hereby grants to Company permission to enter upon, over and across those portions of the Cit}rs streets, roads and rights of way, for the purpose of conducting the Activities and installing the Facilities in accordance with applicable legal and safety code requirements. b. 1n its tonduet of the Activities upon the City's rights of way, Company shall fol]ow safe practices at all times and shall not unduly interfere with the operation and maintenance of City facilities within the Company's rights of way. H:~CImMI] LE~PGSMTI/1MICIROW USE2.AGR trv=. 6.19x8 3:2?P~i ATTACHMENT A NOVEMBER 9, 1998 COMMISSION MEETING To: Alan Jensen, Esq. 1 ~`JII IILL Falc #: 904-246-9960 Re: PC,'S/City of Atlantic Beadh:irrterim right of way use agreement Date: November 6, 1998 Pares: five, irxlud;rlg this cover sheet. Alan: Attadled is a form of agrcemeM which I believe will serve until the franchise is completed. We will be sending you a proposed frarxilise agreement next week. Please let me know if you have any commerns on this document. Thanf~ cc: Jim Jarboe, Crty Manager (fax: 904.247-5805) Rids Stuart, PGS (Fax: 85x872-6190) Fran tlu Gale M... Am F~tw 7EC0 Energy. Mc Ppg OIIiM Ba[ 111 Tempi, FL 33901-0111 913!279-1909 Fart: B13/tY&1329 1:„ Minutes Page -12- November 9, 1998 There being no further comments or business to come before the Commission, the meeting adjourned at 8:48 p.m. Suzanne Shaughnessy Mayor /Presiding Officer ATTEST: Maureen King, CMC City Clerk OMMLSSIONERS M O T ! O N S E C O N L Y E S N O Minutes Page -I 1- November 9, 1998 Commissioner Borno Inquired concerning the preliminary plans for the recreation building included in the packet. City Manager Jarboe stated that it was included for informational purposes. It was the consensus of the Commission to submit their comments on the proposed building to the City Manager before the next meeting. Commissioner Mitchelson Congratulated Commissioner Meserve on being chosen the 1999 Chair of the Beaches Chamber of Commerce. Mayor Shaughnessy Requested that the agenda be kept light for the next two meetings and include only necessities. Commented that the IOth Street parking would remain open ended until such time as the city receives a written response from the Corps of Engineers. Requested that the City Attorney again contact the Corps of Engineers and request a written opinion. Requested that the City Attorney review the proposed lease for parking spaces on 10th Street to verify it reflected the Commissioner Meserve's motion concerning the same. Requested that only white lights be used with the Town Center decorations. It was reported that former Mayor Fletcher had stored the Town Center lights and they could probably be used again this year. OMMISSIONERS M O T 1 O N S E C O N D Y E S N O Minutes Page -10- November 9, 1998 investigation of the system, and the on-base sewer plant operation was a cause of concern due to the history and environmental problems of the site. He believed it would not be wise for the city to take over operation of the on-base wastewater treatment but suggested the city continue serving the off-base housing and commissary. City Manager Jarboe was directed to gather more information and bring his findings to the next Commission meeting. B. Letter from the Department of Environmental Protection City Manager Jarboe stated the city had received a letter from the DEP requesting a meeting with the city on Wednesday, November 18, 1998 and requested that a member of the Commission be present at the meeting. City Manager Jarboe suggested Commissioner Bomo attend due to his work with the Howell Park Review Committee. After a brief discussion, it was the consensus of the Commission that Mr. Bomo represent the Commission at the meeting. Reminded the Commission that City Hall would be open November I1, 1998. Inquired if the Commission wanted the actuaries and Pension Board Attorney present at the public hearing for the Pension Ordinance at an approximate cost of $1,000.00 - $2,000.00. It was the consensus of the Commission that they would not have to attend public hearing. It was agreed that if there were any technical questions, they could be submitted in writing to the appropriate person prior to the hearing. 10. Reports and/or Requests from City Commissioners, City Attorney and City Clerk OMhIISSIONERS bl O r I O N s E c O N D Y E S N O Minutes Page -9- November 9, 1998 of a Teen Council and indicated that nine individuals had expressed interest in participating. Commissioner Bomo stated he needed more information before making a decision on implementing the Teen Council. Motion: Request staff and those interested to draft a proposal for formation of the Teen Council to include proposed bylaws, structure, positions, organizational objectives, etc. to be presented at the December 14, 1998 meeting. Mayor Shaughnessy suggested using the bylaws from the previous Teen Council as a starting point. Mayor Shaughnessy and Commissioner Bomo believed that nine members would form a nucleus for the Teen Council and it would grow. There being no further discussion, the motion carried unanimously. 9. City Manager Reports and/or Correspondence: City Manager Jarboe A. Report and Related Action Relative to Providing Water and Sewer Service to Mayport Naval Station Alan Potter of 374 Second Street spoke concerning a letter dated October 23, 1998, from the Navy requesting that the city consider taking over operations of the Naval Station Mayport water and wastewater treatment systems. The letter is attached and made part of this official record as Attachment B. Mr. Potter stated the Navy system vas larger than the Atlantic Beach and Buccaneer systems combined, and expressed concern regarding the industrial waste treated by the Navy system of which the city has no treatment experience and urged the city not to take over operation of the facilities. City Manager Jarboe stated the city had conducted a preliminary OMMISSIONERS M O T I O N S E C O N D Y E S N O EoRNO x x MESERVE X MITCHELSON X SHAUGHNESSY X X Minutes Page -8- November 9, 1998 Mayor Shaughnessy inquired as to the city's options if the motion was approved. City Attorney Jensen advised that it was acceptable to approve the motion because any negotiated contract would have to come before the commission for approval. He further stated that he had some basic concerns with the right-of--way use agreement which was faxed to the city late Friday afternoon, but they were not insurmountable and could be corrected by staff and brought back before the commission. The draft agreement is attached and made part of this official record as Attachment A. After some further discussion, Mayor Shaughnessy appointed Commissioner Borno as Commission Liaison, and City Manager Jarboe and City Attorney Jensen to the Staff Committee to negotiate the agreement. There being no further discussion, the motion carried unanimously. D. Authorize Current Lifeguard Salaries to Remain in Effect Indefinitely (City Manager) Motion: Authorize the current lifeguard salaries to remain in effect indefinitely. Stephen Kuti stated that the lifeguards do a tremendous job for the city and supported the continued pay increase. Commissioner Mitchelson felt there was no limitation placed on the previously authorized salary increase. City Manager Jarboe stated that clarification was needed because there was some confusion because at one time the salary increase was discussed and referred to as a bonus. The question was called by Commissioner Borno and the motion carcied unanimously. E. Discussion and Related Action Relative to Teen Council (City Clerk) Mayor Shaughnessy requested Commission direction for formation OMMISSIONERS M O r I O N S E c O N D Y F, S N O HoRNO x x MESERVE X MITCHELSON X X SHAUGHNESSY X Minutes Page -7- November 9, 1998 1998, a draft of a proposed agreement with the city. He further explained that City Manager Jarboe had scheduled a meeting with representatives of People Gas to negotiate a proposed agreement to bring back to the Commission, but he felt it was important for the Commission be advised of the situation and be given the documents to begin to review them. As a point of clarification, City Manager Jarboe explained that the agreement received late on Friday from Peoples Gas concerned the proposed pipe line to the base, and staff felt the company should not be allowed to use city right-of- way until there was some type of an agreement. He pointed out that the right-of--way agreement would be in place until such time as the city negotiates a franchise agreement with Peop~es Gas. City Manager Jarboe then requested that the Commission authorize them to use the right-of--way contingent upon execution of a franchise agreement within a certain number of days. City Manager Jarboe introduced Mitchell Scruggs of Peoples Gas who was present to answer any Commission questions. Commissioner Mitchelson inquired why the city was giving Peoples Gas total access across our easements with the only monetary consideration being $10.00. Commissioner Mitchelson felt the access fee should be more than $10.00. Commissioner Meserve stated that the gas line was not just for the Navy, but would be available to all of the citizens of Atlantic Beach. He felt it could be a great costs savings to the city as a whole, as well as a revenue generator to the city. Motion: Authorize the City Manager to negotiate use of right-of--way, and within 180 days, negotiate a franchise agreement comparable to the ones negotiated by the other two beach cities. Commissioner Borno inquired where the pipeline would physically run in the right-of- way, and Mr. Scruggs stated that generally it ran along the side of the road in the utility right-of--way easement. OMA4SSIONERS ~ O T 1 O N S E C O N D Y E S N O aoRxo x x MESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -6- November 9, 1998 further at their meeting on November 17, 1998. Stephen Kuti of Linkside Drive requested to speak concerning Ordinance 90-98-167. Mayor Shaughnessy called a recess to confer with the City Attorney and the meeting reconvened at 8:10 p.m. City Attorney Jensen advised Mr. Kuti that since no public hearing was scheduled at this time, he should make his comments when the public hearing is continued. 8. New Business: A. Authorize the Mayor to Sign the Certificate of Acceptance for Anti-Drug Abuse Grant in the Amount of $13,680.00 (City Manager) Motion: Authorize the Mayor to sign the Certificate of Acceptance for Anti-Drug Abuse Grant in the amount of $13,680.00. There was no discussion and the motion carried unanimously. Item 8B was taken out of sequence acted on under Item 2A. B. Authorize the Mayor to Sign on Behalf of the City of Atlantic Beach aFour-Party Agreement with the City of Jacksonville, City of Neptune Beach and Town Center Agency for Streetscape Improvements Along Atlantic Boulevard, First Street and Ocean Boulevard, Duval County, Florida (Mayor) C. Discussion and Possible Action on Use of City Rights- of-Way by Peoples Gas (City Manager) City Attorney Jensen explained that Peoples Gas Company wanted to run a gas line through the rights-of--way of the City of Atlantic beach to service the Navy base at Mayport and had submitted a permit application, some correspondence, and on November 6, OMMISSIONERS M O T I O N S L C O N D Y E 5 N O BORNO X MESERVE X X MITCHELSON X X SHAUGHNESSY X Minutes Page -5- November 9, 1998 (Mayor) Mayor Shaughnessy read the resolution by title only. Motion: Adopt Resolution No. 98-39 amending the operating budget for the City of Atlantic Beach, Florida, for the fiscal year beginning October 1, 1998 and ending September 30, 1999. Commissioner Meserve inquired if the adoption of the resolution would take funds from next year's budget. City Manager Jarboe explained that the Commission had stated its intent to complete the project over a two year budget cycle, but the City of Jacksonville required all the funds at one time in order to effectively complete the capital improvement project. Alan Potter of 324 Second Street requested that dollar amounts be included on the agenda when these types of requests are made. There being no further comments or discussion, the motion carried unanimously. Action on Ordinances: A. Ordinance No. 90-98-167 Reschedule Continued Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, SECTION 24- 17 DEFINITIONS, AND SECTIONS 24-104, 105, 106, & 107, RESIDENTIAL DISTRICTS, TO LIMIT LOT COVERAGE IN RESIDENTIAL DISTRICTS TO FIFTY PERCENT (50%) AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) Mayor Shaughnessy read the ordinance by title only and announced that the public hearing would be rescheduled and continued to the first Commission Meeting following the recommendation from the Ccmmunity Development Board who would consider file ordinance OMMISSIONERS M O T 1 O N S E C O N D Y E S N O soRNO x x MESERVE X MITCHELSON X X SHAUGHNESSY X Minutes Page -4- November 9, 1998 flyover would only compound the safety problem. Mayor Shaughnessy directed staff to look into the lighting problem at Jack Russell Park. Sally Maddy of 1915 Creekside expressed concern for the streets and drainage problems in her neighborhood and inquired if there was a plan for the area. She further stated she would be willing to work with the city to resolve the street problem. Ma}~or Shaughnessy inquired if she was a representative for the subdivision and Mrs. Maddy stated that she was representing herself. Mayor Shaughnessy suggested the formation of a Homeowner's Association to bring group concerns before the Commission. Unfinished Business: There was no unfinished business. 4. Consent Agenda: A. Acknowledge Receipt of New Occupational Licenses Issued in the month of October, and Monthly Reports from Building, Code Enforcement, and Recreation Departments (City Manager) Ma} or Shaughnessy received and acknowledged the monthly reports for New Occupational Licenses for October, and those of the Building, Code Enforcement and Recreation Departments, and asked that they be filed. 5. Committee Reports: There were no committee reports. 6. Action on Resolutions: A. Resolution No. 98-39 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- November 9, 1998 for the work, and thanked the Media One representatives for keeping the Commission informed. B. Public Safety Department Promotions Public Safety Director Thompson introduced newly promoted Sgt. Dennis Alexander and Communications Supervisor Glenda Dedenbach. He indicated that Barbaza Sumrall was also promoted to sergeant but was unable to be in attendance. C. Bill McGee of 1831 Selva Marina Drive commented on increased traffic and speeding on Selva Marina Drive north of the Saturiba Drive intersection. Mr. A4cGee requested Commission consideration to install a speed bump and stop sign at the intersection of 19th Street and Selva Marina Drive and to repair and pave the street. D. Barbara Eonner of 463 Selva Lakes Drive commented that the lights at the Jack Russell Park ballfield were left on when no one was using the field, there and requested Commission assistance in securing a back entrance to the post office. Commission Responses Commissioner Mitchelson felt the city could not repair Selva Marina Drive because as he recalled, when the subdivision was annexed, the city would not accept responsibility for streets which did not meet city code, and at that time, the residents were opposed to bringing the streets up to code because the charm of the area and several large trees would be lost. After a brief discussion, Mayor Shaughnessy directed Staff to look into Mr. McGee's request and bring their findings to the next meeting. Commissioner Meserve related that the original plans for the post office included a back entrance which was subsequently eliminated. Commissioner Meserve stated that at time he inquired concerning the entrance and was told the postal service could not mix a public entrance with the employee parking located at the rear of the building. Commissioner Meser.~e stated he would like to find out if something could be done to reinstate the entrance and volunteered to investigate this matter further. Commissioner Borno felt the present entrance had become a safety issue. Commissioner Mitchelson agreed and pointed out that completion of the OMMISSIONERS M O r I O N S E c O N D Y E S N O Minutes Page -2- November 9, 1998 Atlantic Boulevard, First Street and Ocean Boulevard, Duval County, Florida. Mayor Shaughnessy briefly explained the agreement and stated that once it was executed, it would take several weeks for it to work its way through the various committees of the City of Jacksonville. She then introduced Public Works Director Sam Mousa of the City of Jacksonville who will administer the project. Mr. Mousa stated he looked forward to working with the City of Atlantic Beach and thanked the Commission for their cooperation. There was no discussion and the motion carried unanimously. 2. Recognition of Visitors: A. Media One Ann Murphy, Community Relations Manager for Media One located on Richards Street, Jacksonville, introduced Linda Malloy, Vice President and General Manager, Bill Watson, Director of Operations, and Paul McIntosh, Field Operations Manager. Ms. Murphy stated that the company was taking a proactive approach to correct the city's cable outage problems. Mr. McIntosh briefly summarized the upgrades, necessary repairs and equipment improvements implemented to resolve the cable outage problems. Commissioner Meserve requested a one page summary of the corrections being made by Media One to use as a handout for citizens. Mr. McIntosh stated he would supply a summary for that purpose. Commissioner Meserve then inquired concerning the delay of installation of fiber optics, and requested that Mr. McIntosh meet with the City Manager and appropriate staff to discuss its installation. Commissioner Meserve believed installation of fiber optics would greatly improve the city's cable service. Ann Murphy stated that fiber optics construction was scheduled to begin within the first six months of 1999 and T`4edia One would be happy to work with the city in any way they could. Mayor Shaughnessy designated Commissioner Meserve the contact person OMMLSSIONERS M O T I O N S E C O N D Y F. S N O MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON TUESDAY, NOVEMBER 9, 1998 PRESENT: Suzanne Shaughnessy, Mayor Mike Bomo John Meserve Theo Mitchelson, Commissioners AND: James Jazboe, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney ABSENT: Richazd Beaver The meeting was called to order by Mayor aug essy at :1 p.m. e Invocation was offered by Public Safety Director Thompson, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held October 26, 1998. Motion: Approve minutes of the Regular Meeting held October 26, 1998. There were no corrections or amendments, and the minutes were unanimously approved as presented. Item 8B was taken out of sequence and acted upon at this time. Item 8B Authorize the Mayor to Sign on Behalf of the City of Atlantic Beach aFour-Party Agreement with the City of Jacksonville, City of Neptune Beach and Town Center Agency for Streetscape Improvements Along Atlantic Boulevard, First Street and Ocean Boulevard, Duval County, Florida (Mayor) Motion: Authorize the Mayor to sign on behalf of the City of Atlantic Beach aFour-Party Agreement with the City of Jacksonville, City of Neptune Beach and Town Center Agency for Streetscape Improvements along v v 0 0 r r E E S S M S O E T C I O Y O N E N COMMISSIONERS N D S O BORNO X X MESERVE X MITCHELSGN X X SHAUGHNESSY X aoRNO x x MESERVE X X MITCHELSON X SHAUGHNESSY X Page Two AGENDA November 23, 1998 B. Authorize staff to negotiate with Gannett Fleming, Inc. for a cost proposal for Construction Engincering and Resident Observation for the Buccancer Wastewater Treatment Plant Expansion (City Manager) C. Authorize staffto negotiate a contras with Bessent, Hammack & Ruckman, Inc., for engjneering deign work for Wonderwood Drive Utility Relocation, and if unable to negotiate a satisfactory contras, authorize staff to negotiate with the next most qualified firm (City Manager) D. Approve Local Mitigation Strategy Subcontract with the Consolidated City of Jacksonville and the Mayor to sign the contras document (City Manager) E. Approve an amount not to exceed $5,000 for the purchase of emergency communications equipment for police, fire, and lifeguards (City Manager) F. Authorize the Mayor and City Manager to sign a Local Law Enforcement Block Grant application (City Manager) G. Approve agreement with the City of Jacksonville relative to Advanced Life Support and Fire Services for Atlantic Beach, and authorize the Mayor and City Manager to sign the agreement (City Manager) H. Ratification of Public Works Union Agecement (City Manager) I. Discussion and related anion relative to the closing of City government firnsions the day before Christmas (City Manager) 9. City Manager Reports: A. Report relative to Selva Marina Strcets 10. Reports sus/or requests from City Commissioners and City Attorney Adjournment If en}• person decides to appeal an}• decision made by the City Commission with respect to my matter considered ri any meaiog, such person may Head a romrd of the proceedings, and, far such ptcpose, may coed to ensure tlur a vefiaam record of the proceedings is made, which record shall include the testimo~• and evidence upon which the appeal is to be based. Any pason wishing [o speak b the City Co®issiw on any mailer at this moetmg should submit a request to We City Cleo' prior to the meeting. For your convenience, forms for this purpose are tvaiLbk at the eotrancx to the Comm~s_~ Chambers. In accordance with the Americaas with Disabilities Act and Section 286.26, Fbrida Sutures, persons with disabilities nmdmg spacial a~odstiw b partic~ate m this meeting should contact the City Ckrtc by 5:00 PM, Friday, November 20,1998. CITY OF ATLANTIC BEACH COMMISSION MEETING -November 23, 1998 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of November 9, 1998 Courtesy of Floor to Visitors: Unfinished Business: 4. Consent Agenda: ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. LF DISCUSSION IS DESIItED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON Tt~SE ITEMS A. Award a contract to Meadors Construction Company for the Buccaneer Wastewater Treatment Plant Expansion for the total base bid and additive Items A2 and A4, and a minimal corrtingency of $]00,000(6%), for a total contract price of $1,753,187.00, and authorize the City Manager to sign the contract with Meadors Construction Company (Bid #9789-6xCity Manager) 5. Committee Reports: 6. Action on Resolutions: Action on Ordinaeces: A. Ordinance No. 58-98-25: Public Hearing and Final Action AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFTTS, DMSION 3, RETIREMENT SYSTEM TO COMPLY WITH STATE AND FEDERAL LAWS (City Commission) 'B. Ordinance No. 75-98-13: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADDING A NEW ARTICLE IV TO CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, REGULATING THE MOTOR VEHICLE TITLE LOAN INDUSTRY, AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) 8. Miscellaneous Business: A. Authorize the Mayor to sign the Interlocal Agreement relative to 9-1-] user fees (City Manager) ' Agenda was amended to add Item No. 7B