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Special Called Meeting Agenda Packet 12-16-13CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA DECEMBER 16,2013 SPECIAL CALLED MEETING AT 6:30PM and WORKSHOP IMMEDIATELY FOLLOWING SPECIAL CALLED MEETING for DISCUSSION OF AGENDA ITEMS ON JANUARY 13, 2014 COMMISSION MEETING Special Called Meeting: Call to order. 1. Courtesy of the Floor to Visitors 2. Approve the Agreement for Legal Services and authorize the City Manager to sign the (Mayor Woods) 3. Award Marsh Multipurpose Path Design and Permitting #14-01. (City Manager) (Note: A revised staff report indicating the staff recommendation of a consultant will be provided to the Commission on Friday, December 13, 2013.) 4. Approve the City sending a letter to Jacksonville waiving the requirement to respond to Resolution No. 13-14 to allow for another 60 days. (Mayor Woods) (Note: The letter will be provided to the Commission prior to the meeting.) If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, December 13,2013. WORKSHOP: Call to order. Courtesy of the Floor. 1. Report on options for a process to recruit and select a City Manager. (City Manager) 1 *Discussion of Agenda Items on January 13, 2014: 1. A. B. c. Approve the minutes ofthe Commission Workshop ofNovember 18, 2013. Approve the minutes of the Special Called Meeting of November 25, 2013. Approve the minutes of the Commission Workshop ofNovember 25, 2013. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. 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. 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 the Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for November. B. Extend the contract for Chlorine for one additional year to Allied Universal Corporation at the current contract prices (Bid No. 1011-08). C. Award the contract for beach cleaning services to Beachcombers North, Inc. (Bid No. 1213-13) in the amount of $32,916.00 for one year, fi·om November 1, 2013 through October 31, 2014, and authorize City Manager to sign the new contract. 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 14-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AND SUPPORTING THE LEGISLATIVE PRIORITIES IN THE FLORIDA LEAGUE OF CITIES 2014 LEGISLATIVE ACTION AGENDA, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. 7. Action on Ordinances A. ORDINANCE NO. 20-13-126, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30,2014, AND PROVIDING AN EFFECTIVE DATE. B. ORDINANCE NO. 90-13-220, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, ARTICLE III, ZONING REGULATIONS, BY ADDING A NEW DIVISION 10, FLORIDA- FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, AND PROVIDING AN EFFECTIVE DATE. 2 8. Miscellaneous Business A. Repmi on future capital cost replacement for reuse system compared with proposed rates. (City Manager) B. Police Depmiment 2013 Citizen Survey. (City Manager) C. Atlantic Beach Police Department 3rd Qumier 2013 Repmi. (City Manager) D. Report on through-lots between Beach and Ocean, Report from CD Board. (City Manager) E. Rezoning for SPA -13-001000715,201 Maypmi Road. (City Manager) F. Proposal to amend the City Code, Chapter 22, Authority to adjust or waive charges in appropriate cases for the purpose of making the policy more generous. (City Manager) G. Police Building Scope of Work. (City Manager) H. Award the contract for Fleet Management and Vehicle Maintenance Services to _____________ . (Note: A revised staff report will be provided prior to the workshop.) I. Contract for the SunGard One Solution Application (City Manager) (Note: The contract is being reviewed and should be provided to the Commission when ready.) 9. City Manager A. City Manager's Report. 10. Reports and/or requests from City Commissioners and City Attorney A. Discussion conceming AudioNisual/ Logistical Issues at meeting locations throughout the City. (Commissioner Beckenbach) B. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit commercial construction within a residential community on Sundays. (Commissioner Mark) C. Discussion on possible amendments to City Code Chapter 11 Noise to prohibit commercial lawn service companies before 9:00a.m. or after 7:00p.m. on Saturdays and Sundays. (Commissioner Mark) *Formal action (if needed) will be taken at the Commission Meeting of January 13, 2014. Refer to the January 13, 2014 agenda packet for the supporting documents on these items. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special acconm1odation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, December 13,2013. 3 AGREEMENT FOR LEGAL SERVICES CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AGENDA ITEM# 2 JANUARY 13, 2014 THIS AGREEMENT is made and entered into this __ day of December, 2013, by and between the City Commission of the City of Atlantic Beach, a Florida municipality, and Kopelousos, Bradley & Garrison, P .A. ("KBG"). WHEREAS, the City of Atlantic Beach desires to retain the legal services of KBG pursuant to the terms and conditions set forth below, and; WHEREAS, KBG desires to accept said engagement pursuant to the terms and conditions set forth below, and; WHEREAS, the parties desire to set forth their agreement in written form; NOW, THEREFORE, for and in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Monthly Retainer. The City of Atlantic Beach shall pay KBG a monthly retainer of $8,000 for the Legal Services set forth in paragraph 2 of this Agreement beginning on December __ , 2013, and continuing on a monthly basis thereafter. 2. Legal Services. The retainer will compensate KBG for the following Legal Services: a. attendance and participation at regularly scheduled City Commission meetings; b. review of contracts; c. review and preparation, if necessary, of ordinances and resolutions not concerning the matters set forth in paragraph 3; d. legal advice via telephone and in person to the City Commissioners, the City Manager and the City of Atlantic Beach Staff at the direction of the City Commission; e. legal research and preparation of legal memoranda to assist the City of Atlantic Beach in the conduct of its business. 3. Additional Services. The monthly retainer does not compensate KBG for the following Additional Services: a. representation of the City of Atlantic Beach in lawsuits filed on behalf of or against the City of Atlantic Beach; b. representation of the City of Atlantic Beach in a controversy where another attorney is involved; c. legal work associated with the issuance of bonds by the City of Atlantic Beach; d. legal work not contemplated in paragraph 2 of this Agreement. 4. Compensation for Additional Services. The City of Atlantic Beach will compensate KBG at the rate of $200.00 per hour, plus costs (unless the parties agree to an alternative form of compensation) for the Additional Services described in 3(a) and (b). The 1 parties will negotiate the terms of compensation for the Additional Services described in and 3( c) and (d) at such time as said Additional Services are required. 5. Termination of Agreement. Either party may terminate this Agreement with or without cause at any time. 6. Severability. If any provision or portion of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portions thereof shall be deemed severable, shall not be affected, and shall remain in full force and effect. 7. Governing Law. This Agreement shall be interpreted and construed under the laws of the United States and the State of Florida. Any litigation arising hereunder or related hereto shall be tried by the state courts for the County of Duval, Florida. 8. Entire Agreement Between the Parties. The parties agree that this is the entire agreement between the parties. This Agreement overrides and replaces all prior negotiations and terms proposed or discussed, whether in writing or orally, about the subject matter of this Agreement. No modification of this Agreement will be valid unless it is in writing identified as an Amendment to the Agreement and is signed by an authorized representative of the City of Atlantic Beach and KBG. WITNESS the following signatures pursuant to due authority. CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, a Florida municipality. By: ______________________________ __ Nelson van Liere, City Manager KOPELOUSOS, BRADLEY & GARRISON, P.A. By: ______________________________ ___ Rob Bradley, Esq. Managing Partner 2 AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 3 JANUARY 13, 2014 SUBMITTED BY: Award Marsh Multipurpose Path Design and Permitting RFP #14-01 Rick Carper, P.E., Public Works Director (2. (_ DATE: December 6, 2013 STRATEGIC PLAN LINK: 6. Marsh Master Plan. BACKGROUND: In October, the Public Works Department released a Request for Proposals (RFP) for the professional services for engineering and permitting of a multipurpose path connecting the Tideviews and Dutton Island Preserves on the Intracoastal Waterway. Seven proposals were received. The proposals were evaluated by the Public Works Director, Deputy Public Works Director and Public Utility Director. There was a numerical tie for the top two firms, with a significant drop to the next rated proposal. BUDGET: 1st-(Tie) Ayres Associates and Hanson Professional Services-94.01 3rd-Genesis Group-84.51 4th-Eismann & Russo -76.35 Both Ayres and Hanson Project Teams have significant experience in trail and multipurpose path design in Northeast Florida, including involvement with permitting agencies and the public. (Note: Hanson is a national firm that recently acquired Bowen Civil Engineering; there is no connection to the City Manager). Because of the excellent and equal quality of these two proposals, Staff is proposing to conduct oral presentations I interviews with the top firms next week and submit final selection for approval at a Special Called Meeting prior to the Dec. 16th Workshop. Staff bases this proposal for speeding the approval process on the FIND Grant application submittal deadline of late March and to ensure adequate time for environmental permitting to meet Grant deadlines. Funding for the Marsh Multipurpose Path Design and Permitting in the amount of $150,000 is included in current year budget in the Park Capital Improvements Account 320-6020-572-6300. RECOMMENDATION: Following oral presentations I interviews. Because CCNA considers selection and negotiations separate steps in the consultant process, the City Attorney has recommended that this be done in two separate motions: 1. Authorize staff to begin negotiations with the top-ranked firm for consulting services for Design and Permitting of the Marsh Multipurpose Path; and, 2. Authorize staff to execute the contract if fees are within project budget. ATTACHMENTS: 1. Evaluation of Proposals Rating Sheet (Proposals are on file at the City Clerk's Office) Evaluation of Proposals for Professional Engineering & Permitting Services -ICW Preserves Multi-Purpose Path-RFP 14-01 Firm Proposed Past Similar Project References Current Financial Proximity Score Rank Project Team Project Approach Workload Responsibility Experience and Insurance Scaled Value [25%] [25%] [20%] [10%] [10%] [5%] [5%] 7 provided Financial-Yes Jacksonville TIE Ayres Associates (41etters) Insurance-No 94.01 FOR 1sT 22.50 23.34 18.67 10.00 10.00 5.00 4.50 Hanson 8 provided Financial -Yes Jacksonville TIE Professional Insurance-Yes 94.01 FOR Services 23.34 18.67 10.00 1st 22.50 10.00 5.00 4.50 3 provided Financial-Yes Jacksonville Genesis Group Insurance-Yes 84.51 3rd 20.00 20.00 16.67 8.67 10.00 4.67 4.50 3 provided Financial-Yes Jacksonville Eisman & Russo (3 letters) Insurance-Yes 76.35 4th 16.67 15.84 15.34 9.00 10.00 5.00 4.50 Financial-Yes Jacksonville Applied Technology & 3 provided Insurance-Yes Beach 76.19 5th Management (A TM) 16.67 15.84 16.00 8.34 9.34 5.00 5.00 9 provided Financial-Yes Jacksonville cph (4 letters) Insurance-Yes 74.19 6th 14.17 15.84 15.34 9.34 10.00 5.00 4.50 Pond & Company Financial-Yes (in association with 5 provided Insurance-Yes Jacksonville 73.19 7th Edwards 18.34 14.17 13.34 9.67 Engineering) 8.67 5.00 4.00 Reviewed by Rick Carper, Tim Gilboy and Donna Kaluzniak RESOLUTION NO. 13-14 AGENDA ITEM# 4 JANUARY 13, 2014 A R:J?SOLUTION OF THE CITY OF ATLANTIC BEACH, FLORli)A INITIATING THE PROCESS PURSUANT TO SECTION 171.203, FLORIDA STATUTES FOR NEGOTIATING AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH THE CITY OF JACKSONVILLE, FLORIDA; IDENTIFYING AN IN CORPORA TED AREA OF THE CITY OF JACKSONVILLE TO BE DISCUSSED FOR POSSIBLE ANNEXATION; IDENTIFYING ISSUES FOR NEGOTIATION; PROVIDING DIRECTIONS TO THE CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 163, Part I, Florida Statutes, known as the 'Florida Interlocal Cooperation Act of 1969" authorizes local governments to enter into interlocal agreements with each other to make the most efficient use of their powers by enabling them to cooperate with each other on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development oflocal communities; and WHEREAS, the Florida Legislature enacted the Interlocal Service Boundary Agreement Act, Chapter 171, Part II, Florida Statutes, to provide an alternative process for local governments regarding the annexation of tenitory into a municipality and the subtraction of territory from an incorporated area of an o t h e r m u n i c i p a 1 it y ; to encourage local governments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the community; to establish a more flexible process for adjusting municipal boundaries; to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation between local governments; to promote sensible boundaries that reduce the costs of local governments, avoid duplicating local services, and increase political transparency and accountability; and to prevent inefficient service delivery and an insufficient tax base to support the delivery of those services; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has identified certain lands, the boundary and legal description of which is depicted on Exhibit "A" (hereinafter refened to as the "Selva Marina Country Club") that are logical for the City of Atlantic Beach to provide certain municipal services and which may be appropriate for annexation into the City of Atlantic Beach; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida deems it to be in the best interests of the City to negotiate an Interlocal Service Boundary Agreement with the City of J a c k son vi 11 e, Florida for the "Selva Mmina Country Club" pursuant to the provisions of Chapter 171, Part II, Florida Statutes; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida desires to initiate negotiations for an Interlocal Service Boundary Agreement with the C i t y o f J a c k s o n vi ll e concerning the "Selva Marina Country Club" pursuant to the provisions of Section 171.203, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORDA, THAT: 1. The City of Atlantic Beach, Florida does hereby invite the City of Jacksonville, Florida to commence the negotiation of an Interlocal Service Boundary Agreement regarding the incorporated lands identified on Exhibit 11 A", attached hereto and incorporated herein by reference, to be referred to as the "Selva Marina Country Club". 2. The City of At 1 antic B e a c h agrees that negotiations regarding an Interlocal Service Boundary Agreement will address, at a minimum, issues concerning service delivery, fiscal responsibilities, and boundary adjustment as they concern A t 1 an t i c B e a c h ' s an d Jacks o n v i 11 e ' s responsibilities for the funding and delivery of the following services: a. Public safety b. Fire, emergency rescue, and medical c. Water and wastewater d. Road ownership, construction, and maintenance e. Conservation, parks, and recreation f. Stormwater management and drainage 3. Negotiations regarding an Interlocal Service Boundary Agreement will also address Land Development Planning and Regulation; the effect on Ad Valorem taxes; Voluntary Annexation; and Future Land Uses in annexed areas. 4. The City Clerk is hereby directed to send a copy of this Resolution by United States Certified Mail to the chief administrative officer of each of the following: Duval County, FL; the City of Jacksonville, FL; the City of Jacksonville Beach, FL; the City of Neptune Beach, FL; and the Town of Baldwin, FL. 5. This Resolution shall be effective immediately upon adoption. ADOPTED at a regular meeting of the City Commission of the City of Atlantic Beach, Florida, __ _:.__/_:Lj_f_J.. ___ day ofOctober 2013. DONNA BARTLE, CMC City Clerk MIKE BORNO, Mayor MAP SHOWING SKETCH AND LEGAL DESCRIPTION 589'0310 w 355.77' ABBREW.nONs THAT UAY sr USED Ill rHJS SURI£Y N:\2013\13·14-5.dwg CHORD BEARING=S5B'35'55"E CHORD DIST~11B.OO' RADIUS=4069.72' POINT OF BEGINNING SB9'2B'50"W 1028.42' POINT OF COMMENCEMENT t.'001liEAST CORHtR OF FffiRER GRANf SEC. 3&, 1~ ~2SE (i) x-x 0 • LEGEND t:UKJrtS cai'CR~"IICMJJIDIT (JCW7f9 (fNCE {;{NOTeS 1/~ IRrtl f'ff'E SfT PITH CV", R. 1/fU.Dr iJt ASSO:::. ~1Ul1tJ~fffrC'JHO SHEET 2 OF 2 DATE" SCALE JOB No. F. B. pogo Camp. Ft7e Drawn by 5-16-tJ 1J-14-5.dwq WJ.\1 RICHARD A. MILLER & ASSOCIATES, INC. PROfFSSJOIML UJID SURI'fl'ORS 109 NATURC I'IAU( PARkWAV, IJHir 101 ST. AUGUSRHf. FI.Oil/DA J1092 Fax (9o-i-) 721-5758 Te/e. 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