Loading...
4-10-17 Agenda PacketInvocation and pledge to the flag Call to order 1. Approval of minutes CITY OF ATLANTIC BEACH CITY COMMISSION MEETING APRIL 10, 2017-6:30 PM AGENDA A. Approve minutes ofthe Public Meeting on March 9, 2017. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. Public Hearing-Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 2346 Oceanforest Drive West. B. Public Hearing-UBEX-329 -Request for a use-by-exception as permitted by Section 24-63, to allow an establishment for the sale of automobiles as listed in Section 24- 111(c)(10) in the Commercial General zoning district at 580 Mayport Road. C. Salary Administration Plan Revisions. 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 Major Public Works Projects Fiscal Year 2016-2017 Status Report as of March 29, 2017. B. Authorize the Mayor to sign the Florida Department of Environmental Protection Florida Recreation Development Assistance Program (FRDAP) Grant Agreement No. A7092. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 95-17-114, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 5 BEACHES AND PARKS, TO ADD ARTICLE IV, SEA TURTLE PROTECTION, INCLUDING PURPOSE AND INTENT, DEFINITIONS, PROHIBITION OF ACTIVITIES DISRUPTIVE TO MARINE TURTLES, LIGHTING STANDARDS FOR NEW CONSTRUCTION, STANDARDS FOR EXISTING LIGHTING, AND ENFORCEMENT AND PENALTIES, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. 1 B. Ordinance No. 58-17-40, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS" RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-300, DEFINITIONS; AMENDING SECTION 2-301, MEMBERSHIP; AMENDING SECTION 2-303, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 2-305, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; AMENDING SECTION 2-310.5, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 2-310.16, PRIOR POLICE SERVICE; AMENDING SECTION 2-310.18, DEFERRED RETIREMENT OPTION PLAN; ADDING SECTION 2-310.19, SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HERE WITH AND PROVIDING AN EFFECTIVE DATE. C. Ordinance No. 58-17-41, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2- 261, DEFINITIONS; AMENDING SECTION 2-264, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 2-266, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; AMENDING SECTION 2-275, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 2-284, PRIOR GOVERNMENT SERVICE; AMENDING SECTION 2-285, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 2-286, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) A. Public Hearing-17-UBEX-417, Request for a use-by-exception as permitted by Section 24-63, to allow an off-street parking lot as described by Section 24-162 for the businesses located at 619, 625 and 645 Atlantic Boulevard in the Commercial General zoning district at 630 Sturdivant Avenue. Please note: This matter is placed on this agenda and under Miscellaneous Business due to a public hearing being announced and the applicant asking that the matter be defened. 9. City Manager Reports A. City Manager's Repmi B. City Manager Recruitment Update C. 90-Day Calendar (April2017 through June 2017) 10. Reports and/or requests from City Commissioners and City Attorney A. Appointments to the Board Member Review Committee. (Mayor Reeves) Adjournment 2 Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City's website at www.coab.us. 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 5:00PM, Friday, April 7, 2017. 3 Item 1A April 10, 2017 CITY OF ATLANTIC BEACH PUBLIC MEETING BETWEEN MAYOR REEVES AND COMMISSIONER STINSON COMMISSION CHAMBER March 9, 2017, 9:00A.M. IN ATTENDANCE: Mitchell E. Reeves, Mayor John Stinson, Commissioner Kevin Hogencamp, City Manager Donna L. Bartle, City Clerk This meeting which was held for the purpose of discussing the Board Member Review Committee and all other City Boards and Committees regarding topics pertaining to membership, recruitment, duties and responsibilities, orientation, training, retention, and recognition was called to order at 9:03a.m. Commissioner Stinson explained that the Board Member Review Committee (BMRC) would like to interview candidates for the BMRC and make recommendations to the Mayor and asked for his input. Mayor Reeves spoke in favor of the change. Commissioner Stinson agreed to advise the Committee. There was a discussion about current applicants, potential applicants and recruitment. Commissioner Stinson gave an overview of the various recommendations made to date by the BMRC and the composite group of chairs and liaisons participating in the efforts to improve the process of recruitment, training and retention of board and committee members. He reported their ideas to 1) Restructure expiration terms so that all openings are appointed to begin on January 1 of every year, but maintain the alternation of expiration, 2) Create a campaign drive and marketing materials to focus on recruitment during the third quarter, 3) Interview, make recommendations, and bring recommendations to the Commission for appointment during the beginning of the fourth quarter, and 4) Train new members during November and December. There was a discussion about the process needed to implement the recommended changes, the need to obtain input from City Attorney Durden, standardizing boards to include alternates, the process to address attendance issues, and clarifying the alternate member positions to allow them to fill in any time a member is absent. Commissioner Stinson reported on the idea to contact Rena Coughlin, Chief Executive Officer of the Nonprofit Center of Northeast Florida to help develop an evaluation tool to utilize for evaluating members. Mayor Reeves expressed the importance to educate applicants and members about the board/ committee roles and responsibilities. Discussion ensued about ways to improve recruitment and convey expectations and the importance of creating informational pamphlets and training members. Mayor Reeves recommended that the BMRC Chair write a letter to the applicants that were interviewed, but not selected, notifying them about the Committee's recommendation and the status of their application. Commissioner Stinson reported that he and City Clerk Bartle recognized Item 1A April 10, 2017 the need as well. He explained his intent to draft a letter for the successful applicants and for the unsuccessful applicants and go through the City Clerk to get Mayor Reeves' opinion about it. Mayor Reeves commented about the need to recognize board and committee members. Commissioner Stinson explained his plan to recognize Kirk Hansen, Jerry Johnson and Sol Brotman for serving until they were termed out. Commissioner Stinson reported that there is interest from the boards and committees to go before the City Commission and give a Committee Report. Discussion ensued about adding language to all public notices that would protect the City on instances when two or more members of the same board attend meetings. City Clerk Bartle reported that she, Mr. Hogencamp and Ms. Durden discussed the topic after the Ethics Training and plans to make those changes to public notices. Mayor Reeves recommended that every board and committee have a set meeting schedule which is published annually, that no two boards or committees can meet at the same time and that the responsibilities of staff liaisons be defined. Discussion ensued about the recommendations, the importance of structuring meeting schedules, holding a Commission workshop to discuss the Committee's final report in July, budgeting for expenses in connection with the recommended program, and transitioning into restructured terms. Mr. Hogencamp spoke in support of improving education, training, and recruitment of board/committee members and correcting deficiencies with staff involvement. He believes what they are doing is transformational and wants to do whatever he can to help. Commissioner Stinson asked whether Mr. Hogencamp would support providing city email addresses for Board and Committee members. Mr. Hogencamp requested time to allow him to give it close consideration. Mayor Reeves expressed his desire for the City to educate citizens by conducting a civics class. Mr. Hogencamp explained that it would be the role of City Administration to conduct those classes and that he has experience in it. There was a lengthy discussion about how to handle future and current vacancies on the Board Member Review Committee. It was agreed that for now, they follow the normal process with the Mayor making the recommendations. During discussion, it was determined that Mayor Reeves needed more time to evaluate applications and if the appointments were not made by the March 27th meeting, the BMRC would be without a quorum. A decision was made to have Commissioner Stinson make a Committee Report at the March 27, 2017 Commission Meeting and have Mayor Reeves recommend the appointment of members to the BMRC atthe April 10th Commission Meeting. Commissioner Stinson reiterated his plans to recognize Kirk Hansen, Jerry Johnson and Sol Brotman at the March 27, 2017 Commission Meeting. There was a discussion about the process needed to create a committee. Mayor Reeves requested that Ms. Bartle look into the requirements and let him know. Minutes-March 9, 2017 Page 2 of3 Item 1A April 10, 2017 Mayor Reeves thanked Commissioner Stinson for his work on the BMRC and he mentioned his intent to put a hold on the money given to organizations until a better process is established. Mayor Reeves opened the floor for public comments. Chris Jorgensen, 92 West Third Street, thanked Commissioner Stinson for calling this meeting and for the other meetings he has had relating to these matters. He stated he looks forward to a workshop. Mark Tingen, 1198 Sandpiper Lane E., expressed the importance for citizens to receive updates and status reports on pending matters. The meeting was adjourned at 10:15 a.m. Donna L. Bartle City Clerk Minutes-March 9, 2017 Mitchell E. Reeves Mayor Page 3 of3 Agenda Item 3A April 10, 2017 PUBLIC HEARING NOTICE The CITY OF ATLANTIC BEACH City Commission will hold a public hearing to consider and take Action on the following item on Monday, April10, 2017 at 6:30 PM at 800 Seminole Road, Atlantic Beach, Fl 32233 in the Commission Chambers: CASE N0.17-SAFW-385 2346 Oceanforest Drive West (Ken Carella) Request for a waiver as permitted by Section 24-7 "Waiver'' for relieffrom the Section 19-7{f) Requirement for 100 feet of street frontage for a Circular driveway. All information related to the item above is available for review at the City of Atlantic Beach Building and Zoning Department at 800 Seminole Road, Atlantic Beach, Florida 32233, and may be obtained at this office or by calling (904) 247-5826. Interested parties may attend the meeting and make comments regarding the item, or comments may be mailed to the address above. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City not less than five days prior to the meeting at the address or phone number above. Agenda Item 3A April 10, 2017 f-'\ruount Due: render· render rendei' Agenda Item 3A April 10, 2017 Agenda Item 3A April 10, 2017 Agenda Item 3A April 10, 2017 Agenda Item 3A April 10, 2017 Agenda Item 3B April 10, 2017 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 17-UBEX-329 Public Hearing Request for a use-by-exception as permitted by Section 24-63, to allow an establishment for the sale of automobiles as listed in Section 24-111 (c)( 1 0) in the Commercial General zoning district at 580 Maypmt Road . Derek W . Reeves, Planner /A--- March 29, 2017 BACKGROUND: The applicant is Ryan Hawkins , a patiner in Brightway Autos, a proposed tenant of 580 Mayport Road, which is owned by Atillio Cerqueira . The applicant is requesting to operate a used car lot on the eastern pottion of the property along Maypott Road within the Commercial General (CG) zoning district. The applicant has an existing used car lot across West 6th Street at 660 Mayport Road. The proposed site directly across West 6th Street would provide additional space for inventoty. Offices would remain at 660 Mayport Road. In total , 10 to 11 cars could be located on the proposed site without blocking cars in. A use-by-exception is required by Section 24-111 (c)( 1 0) for the sale of automobiles at this location. The proposed site is an existing paved property at the corner ofMaypott Road and West 6th Street. This item was heard by the Community Development Board on March 21, 20 17. The board voted 6-1 to recommend approval of the use-by-exception with the following conditions; 1.) That there be no more than 10 vehicles parked on the designated pottion of 5 80 Maypott Road , and 2 .) That permanent landscaping be permitted, installed and inspected consistent with Section 24-177( d) along Maypott Road prior to the commencement of use . The City Commission discussed this item at the March 27, 2017 regular Commission meeting where staff presented a third possible condition; 3.) That the automotive sales use be limited to the area of 5 80 Mayport Road within 45 feet ofMaypott Road. BUDGET: None. RECOMMENDATION: To approve 17-UBEX-329 with the following conditions; 1.) That there be no more than 10 vehicles parked on the designated pottion of 580 Maypott Road, 2.) That permanent landscaping be permitted , installed and inspected consistent with Section 24-177( d) along Maypmt Road prior to the commencement of use, and 3 .) That the automotive sales use be limited to the area of 580 Mayport Road within 45 feet ofMaypott Road. ATTACHMENTS: CDB staffrepq1t, 17-UBEX-329 application. REVIEWED BY CITY MANAGER: -~f---4-LAI:..<'.I"--'rr---=·'--,,..&4"------\-'L....' ~~1~"""""=---------- Agenda Item 3B April 10, 2017 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. 17-UBEX-329) to allow An establishment for the sale of automobiles as listed in Section 24-111(c)(10) in the Commercial General zoning district at within the Commercial General (CG) Zoning District and located at 580 Mayport Road provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-111 (c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-Exception (File No. 17-UBEX-329) to allow An establishment for the sale of automobiles as listed in Section 24-11l(c)(10) in the Commercial General zoning district at within the Commercial General (CG) Zoning District and located at 580 Mayport Road provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111 (c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. Page 3 of 3 Agenda Item 3C April 10, 2017 AGENDA ITEM: SUBMITIED BY: DATE: STRATEGIC PLAN: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Salary Administration Plan Revisions /tlO... Catherine Berry, J.D., Director of Human Resources~ March 30, 2017 None BACKGROUND: In a Dec. 19, 2016 staff report and at the Jan. 9, 2017 Commission meeting, Commissioner Stinson presented a plan to ensure that employees who have reached the maximum in their paygrade are fairly compensated. The City currently has 11 employees who have achieved the maximum compensation for their paygrade and, thus, have little or no significant career development opportunities to advance to a higher paygrade. These are long- term employees (22 years to over 40 years). Of these 11 employees, three are governed by the police union contract and the salary cap for their paygrade has been removed as a condition of the union contract. The proposal instituted by Commissioner Stinson and endorsed by the Interim City Manager is to establish a policy to award maxed-out employees an annual bonus equal to the difference in the amount of their salary and what they would have received if they weren't maxed out. For the current fiscal year, creating this policy would result in a total of $6,260.80 in bonuses being awarded to the eight affected employees. RECOMMENDATION: Adopt the attached policy of awarding bonuses to maxed-out employees and awarding this bonus during the next pay cycle to current employees who were affected when raises were authorized by the Commission, effective October 1, 2016. ATIACHMENTS: Annual Bonus Policy for Maxed-out Employees BUDGET: $6,260.80 for the current year. Agenda Item 3C April 10, 2017 Annual Bonus Policy for Maxed-out Employees It is the policy of the City that, when raises are approved by the Commission, employees who have reached the maximum of their paygrade will receive an annual bonus equal to the difference in the amount of their salary and what they would have received if they weren't maxed out. This will be paid at the time raises become effective. Agenda Item 4A April 10, 2017 City of Atlantic Beach Major Public Works Projects Fiscal Year 2016-2017 Status Report as of 3/29/2017 Project Name Budget Pr oject Descripti o n Notes Utilities Projects Effluent Outfall Replacement $532,764 This is replacement of the end of the beac hes combined effluent pipeline and Bid opened on 3/2/16; low bid by J.D. Hinson Company exceeded budgeted amount. Jax Beach and Neptune Beach have is cost shared by the 3 beach Cities. approved additional funding required. Once contract documents are returned, a pre-construction meeting will be scheduled and a Notice To Proceed will be issued. Consultant obtaining costs for new line suspended from piling versu s buried. Contractor just provided signed contract documents with bond . Pre-construction meeting was held on 7/21/2016. A Notice To Proceed was is sued for the project to begin on Augu st 15th. The contractor has ordered supplies and components are being manufactured off-s ite . All materials have arrived, and contractor began fusing pipe sections on-site thi s week (week of 11/14). Pipe sections have been fused on-site . Weights have been added to the pipe beginning 12/12/2016. Pipe is to be placed in the intercoasta l beginning 12/15/16. Subaqueous portion of pipe is in place, installing of upland portion in progress. The new portion of the piping is complete. Work has begun to bury the upland end of the pipe. A meeting was held on 1/18/17 with the Navy to coordinate working on the ir property. The revi se d connection fittings arrived on 1/24/17; they will be installed on 1/25/17, and the connection will be completed. The demolition of the existing pipe will be performed the week of 1/30/17. The fittings were installed, but there was a problem with getting the proper shoring for the excavation hole . This issue should be retified by 2/3/17, and the connection can be completed the following week. The connection was made on 2/7/17, the pit was filled, and demolition of the old outfall is schedu led to begin on 2/13/17. Demolition of the old pipe continues. The project is substantially complete as of 2/22/17. Only clean up and installation of Channel Markers remain . Clean up has been done. Channel Markers will be installed by 3/24/17. The project was completed on 3/27/17. At lantic Blvd Waterline Upgrade $100,000 Desig n only. Waiting on water mode l review. Requesting design Scope and Fee from consultant. Update Water System Model $30,000 Evaluating capita l improvement requirements and impact if WTP 4 is Model built and calibrated . Consultant preparing and running and evaluating scenarios. Draft Water Model received and under removed from service. review. Meeting is being scheduled with the consultant. Well Logging -6 wells $130,000 This is a down hole check of the structural integrity of our drinking water Discussing scope with different consultant to eliminate or reduce subconsultant layering. We may deve lop a new scope to put wells. thi s out for bid. The vendor w ill begin logging well #2R. We met w ith the vendor on 3/9/17 and he is in the process of deve loping a project scope and bid specs. Replace Water Main on Seminole Rd . From $700,000 Design revis ions underway-part of Seminole Road Streetscape project . Finalizing design revisions with stormwater and streetscape components of project. Poroject plan s were delivered on Atlantic Blvd. to S-Way 12/23/2016. This project will be completed as part of the Semino le Road Project . Replace water services on Seaspray, $175,000 This project is to rep lace up to 56 aging water services on roads in the Specifications are being prepared for bidding . The Bid documents are being prepared. We anticipate advertising in early Nautical and Clippership Seaspray neighborhood . January. The number of water services has been reduced to 41 in an attempt to keep the project within the allocated budget. The bid documents will be completed by 1/27/17. It has been decided to adjust the changeouts to the follow ing streets Vikings Lane, Cruiser Lane, and Belvidere street. The project is currently being advertised with a bid opening schedu led for 3/8/17. The project was approved at the 3/27/17 Comm ission Meeting . The contractor has a been notified to submit all his signed contract documents and bond information so a pre-construction meeting can be scheduled. Phosphorus Treatment Improvements $225,000 This project is to construct a Phosphorus injection into our treated Prelimin ary engineering Report completed. 60% engineering design completed . Permitting through FDEP and setting up WWTP wastewater effluent. temporary feed system. Project is out for bids . Bids will be opened on August 31st. Only one bid was received which was almost twice the budget for this project. We will negotiate with the single bidder to accomplish a modified project scope . Funding may have to come from other projects for the project cost which may be $350,000 . We were able to reduce the cost down to $358,000, and the additional funding wi ll come from the $275,000 allocated for the Centrifuge Project . A staff report was approved at the Nov 28 Commission meeting to hire the so le bidder. A Pre-Con meeting was held on 12/7/16 and a NTP date of 1/16/17 was issued . A purchase order has been issued to the contractor to perform the work . The bui lding is being fabricated offsite. The engineering submittal review has been comp leted, and the slab will be poured the week of 2/13/17. The slab work will take approximate ly three to four weeks . During the slab preparation, it was discovered that electrica l service to the slab will have to be moved. This will delay the project because the permit will also have to be modified . The slab construction is underway t he week of 3/20/17. Repair Gravity Outfall to ICW $30,000 Consu ltant preparing TV inspection review to prepare an assessment and We are expecting a review of the outfa ll from our consultant. maintenance plan. Sewer Line rehab for Sea Oats Subdivision $207,000 Involves lining approx imately 6,000 If of aging sewer infrastructure to reduce Received scope for pipe li ning; coordinating manhole lining scope/cost SpectraShield. Contractor scheduled to clean & TV line water inflow & infiltration (1&1). after Thanksgiving and perfom CIPP lining in mid-December. Work is underway. The TV'ing of the line was comp leted. Lining in progress, will be completed by 1/13/17. The job is comp lete and the fina l invoice wa s paid . Agenda Item 4A April 10, 2017 City of Atlantic Beach Major Public Works Projects Fiscal Year 2016-2017 Status Report as of 3/29/2017 Project Name Budget Project Description Notes Combined plant Replacements $157,000 Control Bubbler System WTP2 $15,000 This has been completed on 2/2/17. New Influent Screens $20,000 Screens were damaged Waiting to be installed. One has been insalled in January 2017. A req has been approved to install the second one. Replace Eff Pump #2 $50,000 Pump has been delivere. It has been installed in January 2017. Replace RAS Pump $50,000 One pump has been instal/e. This has been completed in November 2016. Replace Influent Pump $22,000 Pump requirements/specs may be updated. Coordinating with vendor to begin the work. We are waiting on a quote from the vendor. The specs have been updated and Req #98956 has bee en submitted for Project# PU1616. Install automated Control Valve at WTP 3 $10,000 This is for the dispensing of Chlorine Working with vendor to begin the installation . We are waiting on a~ quote from the vendor. Meter Project $160,000 This project is to install 650 radio read meters along the commercial cooridor. This is being coordinated with the meter vendor. SJRWMD Grant contract requires CM signature. The project was approved on It is partly funded by a FDEP grant. the December 12th agenda. A meeting was held with the meter dealer on 12/22/16 to sign the grant contract. Kayle is working with the Sensus rep (our sole source provider) on the project details and to negotiate a contract. Replace control panel at Oceanwalk lift $20,000 This project is to replace an aging control panel Obtaining quotes from vendors/contractors. A req for $15,000 has been entered to replace it. station Wetwell Top Replacement $24,000 This project is to replace four wetwell tops with open hatches. Req #98379 in for two to be replaced. A PO has been issued to replace Park Street and Fairway Villa tops. lift Station Suction lines $20,000 This is to replace suction lines at Camelia and Selva Marina lift Stations. Camelia has a PO waiting on contractors to install them. Camelia has been completed in January 2017, and a PO for Selva Marina has been issued. Control Components Upgrade $100,000 This project is to replace the control components for four master lift stations Obtaining quotes from vendors/contractors . A PO has been issued for the Palm Avenue station, and a Req has been submitted for the 11th Street lift Station . The shop drawings were approved on 3/13/17. Clarifier Drive Replacements $225,000 This project is to replace two clarifier drives A scope is being prepared to put this project out to bid . Centrifuge $275,000 This is to upgrade the 2nd centrifuge Funds for this project will be reallocated to the phosphorus project. Water Meter Replacements $25,000 This is to replace a backlog of 300 to 500 aging or malfunctioning water Staff will be going out for bids to replace these meters . Quotes should be received by 3/31/17. meters. Agenda Item 4A April 10, 2017 Cit y of Atlantic Beach Major Public Works Projects Fiscal Year 2016-2017 Status Report as of 3/29/2017 Project Name Budget Pro ject Descriptio n Notes Parks Projects Russ ell Park Renovation ~GG This project is to provide improvements to Russell Park including sodding, Other improvements being planned. $50K grant to supplement funding was delivered by M ichelle Waterman of Ta lbot Island irrigation, lighting, and court repairs . Park on August 22nd. Tennis Courts and Racquetball Courts remain to be improved. We have a contractor lined up to perform the work as soon as a decision is made about the color of the courts and fencing guage size . New Budget: $125,000 Tideviews Park Shade Structure This project is to provide a shade structure over a portion of the viewing area This project is scheduled to be completed in the second quarter of FY 16-17. Public Works will be installing the poles to support of the Tideviews Park boardwalk. the screening by the end of the first week in February. After that, the contractor providing the sc reening for the Vet Park Shade structure will install the shade screen here. Two poles to support the shade screen have been installed the week of 1/30/17. Two more poles will be installed the week of 2/27/17. Conditions under the pier dictated that a new design had to be developed for attaching the poles to the deck . The structure should be complete by 4/7/17. Twin Lake Parks Design $25,000 Re-evaluating task based on Commission direction and public input from Project revised ; awaiting proposa l for pond bank restoration. Application for FIND grant funding not submitted this year. community meeting. Consultant work proposal has been reviewed and a Task Order has been issued to the consu ltant to develop plans . Vet Park Playset Replacement $40,000 Working with Vendors to se lect playground set. Using COJ funding secured by Counci lman Gulliford to supplement original budget for amphitheater screen covering. Final plans are to be submitted by July 8th. Quotes are being received for the covering for the stage in the park. One more quote is pending. Playground sets are more than our budget . The installation of this equipment will be postponed to the next fisca l year. Vet Park Stage Sun Screen $25,000 This project will provide a sun screen for the raised stage platform by the The Ci t y of Jacksonville's Parks & Recreation Department will provide all services (including funding) to have this project American flag. completed. It is expected to be installed in January 2017. The contractor has submitted a permit to install the screen. The installation expected to be performed by the end of January. Footers are to be installed once plans are approved-expected time is by 1/20/17. The poles have been set on 2/3/17. The screen was installed on 2/13/17, and the project is complete. Vet Park Fence Screening $0 This project is to provide fence sceening along the Atlantic Blvd side of the The project is approximately 95% complete. Additional scree ning is to be placed in two areas of the fence where there is a gap. park. This should be complete within the next two weeks . This project was completed 12/9/2016. Jordan Park Bath room Upgrade $10,000 This project is to repair damages to this bathroom and to upgrade it. The project scope is being developed to go out for bids. We are waiting for CDBG documents from COJ to proceed. Jordan and Donner Pa r k Playground $82,000 Funded by a CDBG, this project is to provide ADA compatible playground The project scope is being developed to go out for bids . We are waiting for CDBG documents from COJ to pr oceed. Improvements equipment. Lifeguard St ation Improvements $90,000 This proj ect is to make safety and restorat ion improvements to the Lifeguard A Scope of Services is being developed. A contractor is developing a proposal for the construction. Station at the end of At lantic Blvd. Public Works Projects Seminole Road Improvements $250,000 Consultant revising design to redirect stormwater from Sa ltair area and Delivery of Draft Fina l Plans and Bid Docs -12/27/16 Howell Park. Permitting complete - 5/6/17 Begi n const r uction -7/27/17 Construction complete-12/28/17 PW Staff has reviewed the final plans and met with the consultant on 3/20/17 to make fina l corrections to the plans and bid documents. The consu lta nt is expected to deliver the modified plans by the week of 4/3/17. Seminole Road Drainage Improvements $650,000 This project is to install the drainage component of the Seminole Road See Above. Project. Agenda Item 4A April 10, 2017 City of Atlantic Beach Major Public Works Projects Fiscal Year 2016-2017 Status Report as of 3/29/2017 Project Name Budget Project Description Notes Francis Avenue Drainage Improvements $650,000 100% CDBG funding. Thi s project is to im prove water and stormwater along Shop drawings reviewed and approved. Construction is in progress . The waterline is almost comp lete. Drainage improvements Francis Avenue. The road will also be paved as part of the project. are being installed . A conflict bo x was installed the week of July 25th for water and sewer. Work is progressing slowly on the Construction in progress-waterline approximately 90% complete. rest of th e project. The water main in sta llation is complete. The storm drains are complete, and the project is approximately 60% complete. The old water line has bee n removed. Curbing began the week of September 19th. Curbing is continuing the week of September 26th and lime rock is being placed in the areas where the curbs hav e been installed. The road was paved the week of October 17th. Driveways and sidewa lks are being installed. Final sidewalk insUlations are waiting for PW to remove some trees and for a few utility pedesatls to be moved. If these can't be moved in the next two weeks, we'll ask the contractor to close out the project without completing those outstanding sidewa lk gaps . All utilities have been moved; concrete should be complete by 12/16/16. Final asphalt work was completed 12/13/16. The project was su bstantially complete on 12/22/2016, and a Punch List was prepared for final repairs. Final repa irs were completed by 1/13/17. Beach Renourishment $0 Beach renourishment 100% paid with Federal and County funds. Scheduled for summ er of 20 16. Awaiting start up by COJ. The project is scheduled to begin September 6th at the southern end of the project area, Jacksonville Beach. The project ha s begun and is progressing in Jax Beach . Th e project is being re-evaluated to determine whether dune re sto ration from Hurricane M atthew can also be added. Contractor will get to 2nd Stree t before leavi ng, and then they will return in April/May to comp lete the beach renourishment and dune restoration. The USACOE contra tor began mobilizing to the site on 3/29/17. Co nstruction is expected to begin the week of 4/3/17 and take >nn"w;nm' >lutwnw•• ~' Atlantic Blvd Bike Plaza $40,000 This is to create a park type plaza ove r the retention area for the shopping Design not started. Negotiations have begun with the plaza owner. He has been given a proposed lease agreement to review plaza at 3rd Street and Atlantic Blvd. (adjac ent to Poe's restaurant) concerning the use and maintenance of the retention area. We are waiting for hi s respon se. He has aske d us to design the improvement for their review and approval. Hanson Engineering is preparing a propos al for th e project. It was discovered that the SJRWMD would only allow up to 30% of the pond to be covered. The property mana ge r has been notified and he will let us know how to proceed. Stormwater Master Plan Review and $25 0,000 This project is to review the City's Sto rmwater Master Plan and to update the This project has been advertised as an RFP . Proposals are due into Public Works on December 9, 2016. An ammendment to Update drainage basin information and to propose projects with estimated costs to delay bid opening ha s been issued, and a second amendment to adjust the project scope will be issued by the end of this week. complete them. Proposals are due December 23rd. Four consultants su bmitted proposals which are under revi ew by PW staff. A selected firm is being proposed for City Commission approval at the 1/23/17 meeting. Public Works met with the consultant on 2/2/17 to I give them instructions to prepare their proposed expenses for this project. Aquatic Garde ns Project $250,000 Project is to review the City's Stormwater Master Plan as it pertains to this PW is having crews clean the conveyance systems in this area, and funds are being requested in the ne xt fisca l year budget for neighborhood and to desi gn and construct improvements for more capacity the sto rmwater review and project design. If possible, construction will also be sched uled depending on timing and funds and stormwater throughput from this area. availability. A design scope has been provided to the City. PW is determining how to proceed with construction. Gruhn & May will be installing a box around the current pond outfall to the creek so a control gate can be installed. PW staff have submitted requisition s to purcha se materials to proceed with the in stallation of bulkheads to facilitate thi s project work. The outfall st ructure should be installed by 2/3/17 and materials are arriving for the bulkhead insta llations . The delivery of the outfall structure has bee n delayed and its arrival and installation should occur by 3/31/17. The bulkhe ad was installed the week of 3/20/17, but it wa s not constructed properly. The manufacturer has been requested to modify the weir boards. City staff has installed one bulkhead near the SW corner of the pond . Saltair Project $250,000 Project is to modify existing construction on Magnolia and Poinsettia and to Consultant is prepari ng proposal and cost estimate for con struction. Neighborhood meeting is sc heduled for August 12th. The construct improvements on Sylvan and Pine Streets neighborhood meeting was held and the consensus of the participants (residents and City Officials as well) was to proceed with the design of a less obtrusive drainage syste m in the next fiscal year. Once the design is complete, the project should go out for bids for construction ASAP . PW is asking for funds for construction in this coming fiscal year. Construction may be able to begin as early as Spring of 2017. Ayers Engineering, Inc. submittted a Scope of services and a Fee proposal to develop new construction plans on 12/7/16. A meeting is sc hedlued on 1/6/17 to discusss the plan s with the consultant . The consultant's sco pe of work was presented and approved. Th e consultant provided his fee proposal on 3/27/17, and it is being reviewed by staff. Agenda Item 4A April 10, 2017 City of Atlantic Beach Major Public Works Projects Fiscal Year 2016-2017 Status Report as of 3/29/2017 Project Nam e Budget Project Descripti o n Notes Safe Rout es to School Sidewalk $0 Thi s project is to provide an 8' wide sidewalk along Sherry & Seminole from Design & survey underway. Town Hall meeting held May 7th. Workshop held June 27 th. Bid documents being prepared. Ahern to 17th. This project is funded by FDOT. Construction schedu led for second half of 2017. PW Dir to present additional info to Commission on July 11th and Town Hall Meeting on July 16th. Striping of the proposed path of the SRTS will be completed the week of July 25th. Additional Town Hall Meeting scheduled for August 27th. The route of the proposed path was painted the week of July 25th. A consensus of the City Commission was reached at the Town Hall Meeting of August 27th to move forward with the project along the east side of Seminole Road and Sherry Drive and to have the MOU signed w ith the JTA to commit to this project. The project was approved to move forward with the 30% plans completion. Element Engineering Inc. will be meeting with Public Works to develop a plan of action to continue to that point. We have received comments from two residents about possible changes to the path. These have been se nt to Element for review and consideration. 30% plans were submitted to the city for review on 12/12/2016. PW Staff has reviewed the plans, and will be discussing our comments with them on 2/23/17. Staff has coordinated their review of the project plans with the consultant,and the consultant will now proceed towards completing 90 % plans . When the plans are approximate ly 60 % complete, staff will provide them for public information. City staff have been requested by th econsultant to notify all the property owners who front the project where its path has changed due to the public comments. Once that is rnmniPtP. ~e ttin~ to the 60% olan sta~e should occur within a month. Sidewalk Projects $100,000 Thi s project is to provide or improve sidewalks. Areas are being considered for sidewalk installations or improvements. Emphasis is being placed on east-west connect ivity. The selected streets are Cavalla Road, Triton Road and Sabalo Drive. Cutlass Drive is also being considered . A survey is being ordered for these roads. PW staff is meeting with a resident of Roya l Pa lms, Comm issioners, and interested members of the public on 2/9/17 to discuss the final selection of the streets to ins t all sidewa lks this year. Sidewalks on two streets, Cutlass Avenue and either Triton Road or Sabalo Road , were se lected to be constructed this year, and an engineering firm will be solicited to develop a Sidewalk Master Plan for future sidewalk construction . A scope is being written to put the sidew laks out to bid . Paving Projects $400,000 This is the annual Road Resurfacing Prog ram and specific areas of spot A pre lim inary list of roads to be resufaced or repaired ha s been developed. A consu ltant will eva luate this list and provide a repairs . re co m m ended a course of action for each road. This is expected t o be comp leted by the end of December, and the paving can be completed in early 2017. A review was completed and a proposa l was submitted by a consultant on 12/26/16, and PW staff is reviewing this. Contract specifications are being developed. Equipment Garage $75,000 This project is to insta ll a partially enclosed storage faci li ty for Public Works This project scope is being developed, and a meeting will be scheduled with an architect to design the structure in consonance equipment. with the rest of the Public Works faci lity. Jasmine Pond $100,000 This project is restore t he bank of Jasmine Pond This project w ill be designed by a consultant. The city has received a proposa l for this project from its consultant. It has been reviewed and a meeting is set for 1/6/17 to discuss it with the consultant. The consu ltan t 's scope of work and fee were presented and approved . West Plaz a and Carnation Drainage Project $135,000 This project is to provides drainage improvement as specified in the A consultant (Edwards Engineering) is preparing a proposal for t his project. Stormwater Master Plan Police Building $2,892,700 PD building upgrades and improvements. Police Department moved to Utilities building at 902 Assisi. Wall demolition and new slab construction underway. Retaining wall is comp lete. The slab will be poured and wall construction w ill begin within the next two weeks . 9/21/16: The slab is comp lete and exte rior walls are almost complete. Many of the interior owner-se lected items have been selected. Fire station doors will be removed for JFRD . A fire stop beam will be red es igned and installed between the fire station and PD building. 9/28/16: Wa ll s are almost complete . Roof installation will be comp leted by the second week of November. Final selections of interior elements are being made . Door keying and low voltage scope are current ly being addressed. Interior low voltage electrical work continues. The project is still on track to be completed by mid-April. Work is being pe rformed on the shingle installation and sidewa lk construction wil l begi n the week of 2/6/17. Interior sheetrock is being installed the week of 2/13/17, and other interior installations continue. Sidewalk installation has been comp leted on Sem ino le Road . Flag pole sleeves will be installed by 2/17/24. Paving of the driveways for the project wil l be completed by 4/7/17. The building is scheduled to be cut over to the new power connection on 4/1/17. Hurricane Matthew Proj ect s Agenda Item 4A April 10, 2017 City of Atlantic Beach Major Public Works Projects Fiscal Year 2016 -2017 Status Report as of 3/29/2017 Project Name Budget Project Description Notes Debris Removal Remove the hurricane debris from thoroughout the City. The City contracted with three firms to remove the debris from the City . One firm, Ceres, was under contract with the City for debris removal hauling. They hauled debris to the Temporary Debris Site (TDS). Another firm, Debris Tech, monitored the debris hauling to insure accurate records were kept. We piggybacked a contract from the City of Jacksonville Beach for their services. The third firm, J.B. Coxwell, managed the reduction of the debris. They were under contract by the City of Jacksonville. We piggybacked off their contract for Coxwell's services. All the debris removal including the hauling of the reduced debris pile from the TDS to the final site of disposition was completed by 1/13/17. We hauled more than 22,000 cubic yards of debris from the City. Dune Crossover Repairs Repair the dune crossovers that were damaged. Sixteen dune crossovers have been repaired or cleared of debris and sand . They are open for beach goers to use. We have three additional crossovers that will be repaired by staff in conjunction with contractors . Two of the last three crossovers, 6th and 11th Streets, should be completed by 2/10/17, and the last crossover is being discussed with the public who live near it concerning their fears that an elevated structure will cause more dune destruction and encourage drug dealing under it. All crossover repairs have been completed except for 3rd Street. A public meeting will be held to discuss this crossover before reconstruction will occur. It is scheduled for 2/25/17. A meeting with FEMA representatives is scheduled for the week of 3/6/17 to discuss whether mitigation is possible for the 6th St crossover. The FEMA Rep gave us permission to proceed with the restoration of the 3rd Street access. We are obtaining quotes to hire a contractor. The final, 3rd Street, crossover is under repair. Agenda Item 4B April 10, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Florida Department of Environmental Protection Grant -Florida Recreation Development Assistance Program (FRDAP) Grant Agreement A 7092 SUBMITTED BY: Russell Caffey, Director of Finance DATE: March 20, 2017 rf--Y BACKGROUND: In September of2016, the Florida Department of Environmental Protection awarded the City of Atlantic Beach with a $50,000 FRDAP grant. The funding is for reimbursement of the Jack Russell Improvement Project. The project includes the installation of a well and irrigation system to the soccer field. BUDGET: This agreement will entitle the City to receive $50,000 from FDEP for improvements to Jack Russell Park. RECOMMENDATION: Authorize the Mayor to sign the Florida Department of Environmental Protection Florida Recreation Development Assistance Program (FRDAP) Grant Agreement No. A 7092. AgreementA709~ :4 REVIEWED BY CITY MANAGER: 7 ~ ATTACHMENTS: Agenda Item 4B April 10, 2017 DEP AGREEMENT NO. A 7092 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT AGREEMENT PURSUANT TO LINE ITEM 1698A OF THE FY2016-2017 GENERAL APPROPRIATIONS ACT FOR DEVELOPMENT OF LAND FOR PUBLIC RECREATION PURPOSES THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.), between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the CITY OF ATLANTIC BEACH, whose address is 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter referred to as "Grantee"), a local governmental entity, to provide financial assistance in furtherance of an approved public outdoor recreation project known as Jack Russell Park Improvements, Project Number A17092 (hereinafter referred to as the "Project"). Collectively, the Depat1ment and the Grantee may be referred to as "Pat1ies" or individually as a "Party". For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably. WHEREAS, the Department is authorized to administer the Florida Recreation Development Assistance Program (FRDAP), in accordance with Section 375.075, F.S.; and, WHEREAS, pursuant to Subsection 62D-5 .055(5), Florida Administrative Code (F .A.C), this Project, as it appears on the Recommended Application Priority List for Fiscal Year (FY) 2016-17, was approved by the Secretary of the Department, submitted to the Executive Office of the Governor and to the Florida House and Senate Appropriations Committee for funding consideration, and was awarded FRDAP funds for the development of land for public outdoor recreation purposes; and, WHEREAS, the Grantee, as a recipient of the FRDAP grant funds, administered and monitored by the Department, is responsible for complying with all federal and state laws and local rules and regulations during performance of its activities pursuant to this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein and pursuant to Section 375.075, F.S., and Chapter 62D-5, F.A.C., the Parties hereto agree as follows: 1. TERMS OF AGREEMENT: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, additionally described in Attachment A, Project Work Plan, including all attachments, guidelines, forms, and exhibits named herein, which are attached hereto and/or incorporated by reference. The Grantee acknowledges that receipt of this Grant does not imply nor guarantee that a federal, state or local permit will be issued for a particular activity to complete the Project. Further, the Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any Project Work Plan activity that may fall under applicable federal, state or local laws . Administrative Forms, Reimbursement Forms and guidelines referenced in this Agreement may be found at http://dep.state .tl.us/lands/Land and Recreation/Land Recreation .htm or by contacting the Depat1ment's Grant Manager. The Project site(s) shall be open at reasonable times and shall be managed in a safe and attractive manner. This Agreement is not transferable. Prior to commencement of Project, the Grantee shall submit to the Department for approval all documentation and completion of responsibilities listed on Attachment B, Commencement Documentation Checklist, DRP-107, attached hereto and made a part hereof. Upon satisfactory approval by the Department, the DEP Agreement No.: A7092, Page 1 of16 FRDAP_FYI6-17 Agenda Item 4B April 10, 2017 Department will issue written "Notice to Commence" to the Grantee. Unless and until the Depmiment issues the "Notice to Commence" authorizing Grantee to commence the Project, the Depmiment shall not be obligated to pay or reimburse Grantee for fees, costs, or general expenses of any kind , which were incurred prior to the "Notice to Commence", except for eligible Pre-Agreement Expenses as more fully described in Subsection 62D-5.054(34), F.A.C. 2. PERIOD OF AGREEMENT: This Agreement shall be effective upon execution by both Parties and remain in effect for a period of three (3) years from the date of the State ofFlorida's ("State") fiscal year in which funds are appropriated , July I, 2016 , until midnight on June 30,2019, inclusive. IfProject is not completed by midnight on June 30,2019, then this Agreement shall be terminated and the Project funds shall revert to the revenue fund from which they were appropriated (pa ragraph 62D-5.058(7)(a), F.A.C.). The Grantee shall be entitled to reimbursement of eligible Pre-Agreement Expenses for expenses incurred on or after July 1, 2016, until the effective date of full execution of this Agreement. 3. FUNDING/CONSIDERATION/INVOICING: The Grantee shall be eligible for authorized reimbursement , in whole or in part , for costs pursuant to FRDAP guidelines regarding Depmiment-approved Pre-Agreement Expenses and , if applicable, costs associated with Retroactive Projects, through the Project completion date of this Agreement, provided that the cost(s) meet all requirements and financial reporting of the FRDAP program and, rules and regulations applicable to expenditures of state funds, hereby adopted and incorporated by reference . A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $50,000.00. The Parties acknowledge and agree that this Agreement does not require a match on the part of the Grantee. It is understood that any additional funds necessary for the completion of this Project are the responsibility of the Grantee . B . Prior written approval from the Depatiment's Grant Manager shall be required for changes to this Agreement. 1. A Change Order to this Agreement may be used when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Paragraph 3.E., are less than ten percent (10%) of the total budget as last approved by the Depatiment. All Change Orders are subject to the mutual agreement of both Parties as evidenced in writing . 11. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount; a change in the Grantee 's match requirements; a change in the expiration date of the Agreement; and /or, changes to the cumulative amount of funding transfers between approved budget categmies, as defined in Paragraph 3.E., exceeds or is expected to exceed ten percent (1 0%) of the total budget as last approved by the Department. All Amendments are subject to the mutual agreement of both Parties as evidenced in writing . C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project Costs upon the completion, submittal and approval of each Deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment C, Payment Request Summary Form, DRP-115. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.myfloridacfo .com/aadir/reference guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department within sixty (60) DEP Agreement No .: A 7092 , Page 2 of 16 FRDAP_FYI6-17 Agenda Item 4B April 10, 2017 calendar days following the completion date of the Agreement, to assure the availability of funds for payment. D. Project Costs, Pre-Agreement Expenses and Cost Limits: 1. Project Costs shall be reimbursed as provided for pursuant to paragraph 62D-5.058(2)(a), F.A.C., and as provided herein. Project Costs, except for Pre-Agreement Expenses, shall be incurred between the effective date of the Agreement, and the Project completion date as set fmih in the Project Completion Certification determined and identified herein. Costs for appraisals, appraisal review, surveys (boundary and topographic), title searches and Project signs are eligible Project Costs. If the total cost of the Project exceeds the grant amount and the required match (if applicable), Grantee must pay the excess cost. n. Pre-Agreement Expenses, pursuant to Subsection 62D-5.054(34), F.A.C., means expenses incurred by a Grantee for accomplishment of an eligible FRDAP project prior to full execution of a project agreement. Parties hereby acknowledge and agree, Grantee is entitled to submit for cost-reimbursement eligible Pre-Agreement Expenses, which are expenses Grantee incurred for the accomplishment of the Project prior to full execution of this Agreement. m. Cost Limits, pursuant to paragraph 62D-5.058(2)(b), F.A.C., allows for Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, Project inspection, and other similar fees, as eligible Project Costs provided that such costs do not exceed fifteen percent (15%) of the Project cost. E. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment D, Contract Payment Requirements. The Payment Request Summary Form, Attachment C, shall be accompanied by supporting documentation and other requirements as follows for each deliverable. Reimbursement shall be limited to the following budget categories: i. Salaries/Wages (Grantee Labor)-The Grantee may be reimbursed for direct salaries or multipliers (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) for Grantee's employees, as listed on the Grantee's approved Cost Analysis to be submitted pursuant to Attachment A, Project Work Plan, Task 1. ii. Overhead/Indirect/General and Administrative Costs -All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. a. Fringe Benefits (Employee Benefits) -Shall be calculated at the rate up to 40% of direct salaries. b. Indirect Cost-Shall be calculated at the rate of 15% of direct cost. m. Contractual Services (Subcontractors) -Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the DEP Agreement No.: A7092, Page 3 of 16 FRDAP_FY16·17 Agenda Item 4B April 10, 2017 Grantee shall be required to reimburse such funds to the Department within thitiy (30) calendar days of written notification . Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration . Nonexpendable and/or nonconsumable personal property or equipment costing $1 ,000 or more purchased for the purposes of completing the Project under a subcontract is subject to the requirements set fotih in Chapters 273 and/or 274, F .S ., and Chapters 691-72, F.A.C., and/or 691-73, F .A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services . The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement , if any, impose this requirement, in writing, on its subcontractors . For fixed-price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award , on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A . Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (i .e., Invitation to Bid or Request for Proposals) resulting in the fixed -price subcontract. b . The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified herein. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of Paragraph 13 and any other appropriate provisions of this Agreement which affect subcontracting activities . iv. Rental/Lease of Equipment-Reimbursement requests for the rental/lease of equipment must include copies of invoices or receipts to document charges . v . Equipment-(Capital outlay costing $1,000 or more)-Reimbursement for the Grantee's direct purchase of equipment is governed by Paragraph 23 of this Agreement. vt. Miscellaneous/Other Expenses -Direct purchases, for example materials, supplies , Grantee stock, non-excluded phone expenses, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices. Additionally, independent of the Grantee's contract obligations to its subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage, attorney's fees, civil or administrative penalties, or handling fees , such as set percent overages associated with purchasing supplies or equipment. F. In addition to the invoicing requirements contained herein, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.myfloridacfo .com /aadir/reference guide/. DEP Agreement No .: A 7092, Page 4 of 16 FRDAP_FYI 6-17 Agenda Item 4B April 10, 2017 G. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) is received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. 111. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. ANNUAL APPROPRIATION: The Department's performance and obligation to award program grants are contingent upon an annual allocation from the Recommended Application Priority List and/or appropriation by the Florida Legislature. The Department shall distribute FRDAP funds as reimbursement grants to applicants eligible pursuant to Rule 62D-5.055, F.A.C. The Parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 5. REPORTS: The Grantee shall utilize Attachment E, Project Status Report Form, DRP-109, to describe the work performed during the reporting period, problems encountered, problem resolutions, schedule updates and proposed work for the next reporting period. The Project Status Repmis shall be submitted to the Department's Grant Manager no later than May 5, September 5 and January 5. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. 6. RETAINAGE: The Department shall retain ten percent (10%) of the grant until the Project has been completed and approved by the Department. Upon completion of the Project and prior to the release of the final payment the Grantee shall submit all documents described in Attachment F, Completion Documentation Checklist, DRP-111, to the Department and the Department shall approve the completion of such documentation, pursuant to FRDAP requirements and additionally set forth in paragraph 62D-5.058(7)(d), F.A.C., in order for the Grantee to receive the retained ten percent (10%). The Department may perform an on-site inspection of the Project site to ensure compliance with the Project Agreement prior to release of the final grant payment. Any deficiencies must be corrected by Grantee prior to disbursement of final payment. DEP Agreement No.: A7092, Page 5 of 16 FRDAP_FYI6-l7 Agenda Item 4B April 10, 2017 7. PROJECT COMPLETION CERTIFICATION: Project completion means the Project is open and available for use by the public. In order to certify completion, the Grantee shall submit to the Department Attachment G, Project Completion Certification, DRP-112. The Project must be designated complete prior to release of final reimbursement. 8. INDEMNIFICATION: Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 9. DEFAULT/TERMINATION/FORCE MAJEURE: A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days' written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Depmiment may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days' written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee's intended timetable for implementation of such measures. If the Parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an Amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 10. REMEDIES/FINANCIAL CONSEQUENCES: A. No payment will be made for fees, costs, general expenses of any kind and any other costs associated with Deliverables completed or incurred prior to Grantee receiving a Department issued "Notice to Commence". No payment will be made for Deliverables deemed unsatisfactory by the Department. In the event that a Deliverable is deemed unsatisfactory by the Department, the Grantee shall re- perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (1 0) calendar days of being notified of the unsatisfactory deliverable. If a DEP Agreement No.: A7092, Page 6 of 16 FRDAP _ F¥16·17 Agenda Item 4B April 10, 2017 satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifYing the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. 1. A CAP shall be submitted within ten (1 0) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. 11. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. m. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. B. If the Grantee fails to comply with the terms stated in this Agreement or with any provisions in Rule 62D-5.059, F.A.C., the Department shall terminate this Agreement and demand return of the program funds (including interest). Furthermore, the Department shall declare the Grantee ineligible for further participation in FRDAP until such time as compliance has been obtained. 11. RECORD KEEPING/AUDIT: A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States Generally Accepted Accounting Principles (U.S. G.A.A.P.) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. C. The Grantee agrees that if any litigation, claim, or audit commences before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. DEP Agreement No.: A7092, Page 7 of 16 FRDAP_FY!6-!7 Agenda Item 4B April 10, 2017 12. SPECIAL AUDIT REQUIREMENTS: A . In addition to the requirements of the preceding Paragraph, the Grantee shall comply with the applicable provisions contained in Attachment H, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment H summarizes the funding sources suppmting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment H. A revised copy of Exhibit 1 must be provided to the Grantee for each Amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager listed in Paragraph 19 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may futther apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment H, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR §200 .330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs . Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps .fldfs.com/fsaa/ C. The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 13. SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager, except for certain fixed -price subcontracts pursuant to Paragraph 3.E. of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department within ten (1 0) calendar days after execution of the subcontract. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incmTed under the subcontract. B. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State ofFlorida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915 . 14. PROHffiiTED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: A. Pursuant to Section 255.0991, F .S., for a competitive solicitation for construction services in which fifty percent (50%) or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: 1. The contractor's maintaining an office or place of business within a particular local jurisdiction; DEP Agreement No .: A7092, Page 8 of 16 FRDAP _FY 16-17 Agenda Item 4B April 10, 2017 ii. The contractor 's hiring employees or subcontractors from within a particular local jurisdiction; or iii. The contractor's prior payment of local taxes , assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph 14.A., above, a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph 14 .A . 15. SIGNAGE: The Grantee shall erect a permanent information sign on the Project site which credits funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program . The sign shall be installed on the Project site and approved by the Department before the final Project reimbursement request is processed. 16. LOBBYING PROHIBITION: In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Florida Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by , any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes . 17. COMPLIANCEWITHLAW: The Grantee shall comply with all applicable federal , state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations . The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 18. NOTICE: All notices and written communication between the Parties shall be sent by electronic mail, U .S. Mail, a courier delive1y service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the Pmiies at the addresses identified under Paragraph 19. 19. CONTACTS: The Depmiment's Grant Manager (which may also be referred to as the Depmiment 's Project Manager) at the time of execution for this Agreement is: Ms. Angela Bright or Successor Community Assistance Consultant Florida Department of Environmental Protection Office of Operations Land and Recreation Grants Section 3900 Commonwealth Boulevard, MS# 585 Tallahassee, Florida 32399-3000 Telephone No.: E-mail Address: DEP Agreement No .: A7092, Page 9 of 16 FRDAP_FYI6-17 I (850) 245-2501 I Angie.Bright(@.deo .state. tl .us Agenda Item 4B April 10, 2017 The Grantee 's Grant Manager at the time of execution for this Agreement is: Mr. Russell Caffey or Successor Director of Finance City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Telephone No.: (904) 247-5807 Fax No .: N /A E-mail Address: rcaffey @coab.us In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment pursuant to Paragraph 3.B. should include the updated Grant Manager information. 20. INSURANCE: A. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee. This insurance must provide coverage for all claims that may arise from the performance of the work specified under this Agreement, whether such work is performed by the Grantee, any sub-grantee, or Grantee's contractors. Such insurance shall include the State of Florida and the Department, as Additional Insureds for the entire length of the Agreement. B. Coverage may be by private insurance or self-insurance. The Grantee shall provide documentation of all required coverage to the Department's Grant Manager prior to performance of any work pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or eligible to do business in the State of Florida . The Grantee's cunent certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days' written notice (with the exception of non-payment of premium, which requires a 10- calendar-day notice) to the Department's Grant Manager. If the Grantee is self-insured for any category of insurance, then the Grantee shall provide documentation that warrants and represents that it is self-insured for said insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee for the entire length of the Agreement. C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as specified below. In addition, the Grantee shall include these requirements in any subgrant or subcontract is sued for the performance of the work specified under this Agreement, unless such subgrant or subcontractor employees are covered by the protection afforded by the Grantee. 1. Workers' Compensation Insurance is required for all employees connected with the work of this Project. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide proof of adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected . 11. Commercial General Liability Insurance is required, including bodily injury and property damage. The minimum limits of liability shall be $200 ,000 each individual's claim and $300 ,000 each occunence. w. Commercial Automobile Liability Insurance is required, for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or DEP AgreementNo.: A7092 , Page 10 of16 FRDAP_FYI 6·17 Agenda Item 4B April 10, 2017 operations are by the Grantee or any of its contractors. The minimum limits of liability shall be as follows : $300,000 $300,000 Automobile Liability Combined Single Limit for Company- Owned Vehicles, if applicable Hired and Non-owned Automobile Liability Coverage rv. Other Insurance may be required if any work proceeds over or adjacent to water, including but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each . Questions concerning required coverage should be directed to the U .S. Department of Labor (http://www .do l.gov/owcp /dlhwc/lscontac.htrn ) or to the parties' insurance carrier. 21. CONFLICT OF INTEREST: The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 22. UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 23. EQUIPMENT: Reimbursement for direct or indirect equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 24. QUALITY ASSURANCE REQUIREMENTS: If the Grantee's Project involves environmentally-related measurements or data generation, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet Project objectives and to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160, F.A .C., as may be amended from time to time, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment I, Quality Assurance Requirements for Contracts and Grants, if applicable. If the Project does not involve environmentally-related measurements or data generation , this Attachment shall not be required and shall be intentionally excluded. 25. DISCRIMINATION: A . No person, on the grounds of race, creed, color, religion , national origin, age , gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section 287.134 , F.S., may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with DEP Agreement No .: A7092, Page 11 of 16 FRDAP _FY16-!7 Agenda Item 4B April 10, 2017 any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department ofManagement Services, Office of Supplier Diversity, at (850) 487-0915. 26. LAND ACQUISITION: Land Acquisition, where title to land acquired with FRDAP funds vest in a Grantee, is not authorized under the terms of this Agreement. 27. SITE DEDICATION: A. Grantee has an interest and/or right to real property, whereby FRDAP funding is appropriated to develop an approved public outdoor recreation project, as more fully described in Attachment A. Such interest and/or right is subject to use in perpetuity for the purposes described in this Agreement. Land owned by Grantee, which is developed with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreational site for the use and benefit of the general public. Land under control other than by ownership of Grantee such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the Project completion date as set forth in the Project Completion Certification. The dedications must be recorded by Grantee in the official public property records. Any applicable recording fees are the sole responsibility of Grantee. B. Should the Grantee's interest and/or right to the land referenced herein change, either by sale, lease, or other written legal instrument, the Grantee is required to notify the Department in writing of such change no later than ten (1 0) days after the change occurs, and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement. 28. PHYSICAL ACCESS AND INSPECTION: Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 29. PUBLIC RECORDS ACCESS: A. Grantee shall comply with Florida Public Records Law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Subsection 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Article I, Section 24(a), Florida Constitution. DEP Agreement No.: A7092, Page 12 of16 FRDAP_FYI6-17 Agenda Item 4B April 10, 2017 C . If Grantee meets the definition of "Contractor" found in Paragraph 119.0701 ( 1 )(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: 1. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Grantee fails to provide the public records to the Department within a reasonable time, the Grantee may be subject to penalties under Section 119.10, F.S. 11. Upon request fl'om the Department's custodian of public records, Grantee shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. m. Grantee shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all public records in possession of Grantee or keep and maintain public records required by the Department to perform the services under this Agreement. If the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is accessible by and compatible with the information technology systems of the Department. D. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at ombudsman@dep.state.fl .us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 DEP Agreement No.: A7092, Page 13 of16 FRDAP_FY16-17 Agenda Item 4B April 10, 2017 30. SCRUTINIZED COMPANIES: Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub- agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 31. EXECUTION IN COUNTERPARTS: This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a 11 .pdf'' format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or 11 .pdf'' signature page were an original thereof. 32. SEVERABILITY CLAUSE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 33. ENTIRE AGREEMENT: This Agreement represents the entire agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the Parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No.: A7092, Page 14 of 16 FRDAP_F¥16-17 Agenda Item 4B April 10, 2017 Attachment Attachment Attachment __lL _I_ Project Completion Certification-DRP-112 (2 Pages) (h ttp:/ /www.dep .state. fl . us/Parks/OIRS/FORMS %2020 15 %20REVISED /PROJECTO/o 20 COMPLETION%20CERTIFICATION%20NEW.pd f) Special Audit Requirements (5 Pages) Attachment Intentionally Excluded DEP Agreement No.: A 7092, Page 16 of 16 FRDAP _FYI6-17 Agenda Item 4B April 10, 2017 ATTACHMENT A PROJECT WORK PLAN FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Project Name: Jack Russell Park Improvements Grantee Name: City of Atlantic Beach FRDAP Project# Al7092 SUMMARY: The Grantee shall complete the Project Element(s), which were approved by the Department through the FRDAP Application Evaluation Criteria, pursuant to Chapter 62D-5, Florida Administrative Code (F.A.C.). Any alteration(s) to the Project Element(s) as identified in the Project Work Plan resulting in a change in the total point score of Grantee's Application as it appears on the Recommended Application Priority List for FY2016-17 is considered a significant change and must be pre-approved by the Department and requires a formal Amendment to this Agreement. All work must be completed in accordance with the FRDAP Program, and including but not limited to: local, state and federal laws, the approved Project plans, all required permits, and the Florida Building Code. Prior to the Department issuing a "Notice to Commence" to the Grantee, as specified in Paragraph 1 of the Agreement, the Department must receive evidence of and have approved all Deliverables in Task 1.1 The Department shall designate the Project complete upon receipt and approval of all Deliverables and when Project site is open and available for use by the public for outdoor recreation purposes. Department shall retain ten percent (10%) of the Grant Award until the Grantee completes the Project and the Department approves the Completion Documentation set forth in paragraph 62D-5.058(7)(d), F.A.C. The final payment of the retained ten percent (10%) will be processed within thirty (30) days of the Project designated complete by the Department. For the purpose of this Agreement, the terms "Project Element" and "Project Task" are used interchangeably to mean an identified facility within the Project. The Project is located at 850 Seminole Road, Atlantic Beach, FL 32233 and is considered a "Small Project" pursuant to paragraph 62D-5.055(6)(a), F.A.C. Budget: Reimbursement for allowable costs for the Project shall not exceed the maximum Grant A ward amount outlined below. Required match will be provided by cash, in-kind service costs, and/or land value. Grantee shall maintain an accounting system which meets generally accepted accounting principles and shall maintain financial records to properly account for all Program and matching funds. The total estimated Project cost provided below is based on the approved FRDAP Application. A detailed cost analysis will be provided in the Deliverables for Task 1, prior to the Department issuing the "Notice to Commence". All final Project Costs shall be submitted to the Department with the payment request. Maximum Grant Award Amount: $50,000.00 Required Grantee Match Amount: $0 Total Estimated Project Cost: $50,000.00 Match Ratio: 0 % Scope of Work/Tasks TASKl 1. Development of Commencement Documentation Checklist (DRP-107), which includes: • A professional site plan; Deliverables DELIVERABLE 1 The Department will issue "Notice to Commence" upon receipt and approval of: DEP Agreement No.: A 7092, Attachment A, Page 1 of 3 FRDAP_FYI6·17 Due Date 180 calendar days after Execution of Agreement2 Financial Consequences The Department shall terminate the Project Agreement if the required Deliverables are not submitted and approved by the Department. Agenda Item 4B April 10, 2017 • Commencement Certification (DRP-108); • A boundary survey; • Results of title search or the opinion prepared by the member of the Florida Bar Association or Licensed title insurer; and • A Cost Analysis Form, with supporting Bid Documents from Project selected contractor and/or In-House Cost Schedule(s) Ifthe Grantee will use land as match, the appropriate documentation will be required as specified in the Commencement Documentation Checklist (DRP-1 07), and will be required prior to commencement. TASK2 2.A. Development of Primary Project Element, which includes: Renovation of existing soccer field and landscaping of field. Renovation of existing basketball court -installation oflighting. 2.B. Development of Completion of Documentation Checklist (DRP-111 ), which includes: • Project Completion Certification (DRP- 112) • Final "As-Built" site plan • Florida Park Inventory Form • Project Photographs • Notice of Limitation ofUse/Site Dedication (DRP-113) l.A. All applicable Project specific Commencement documentation, listed on Commencement Documentation Checklist (DRP-1 07) l.B. Cost Analysis Form, with supporting Bid Documents from Project selected contractor and/or In-House Cost Schedule(s) Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, Project inspection, and other similar fees are eligible for reimbursement. However, reimbursement, if requested, shall not exceed fifteen (15%) of total Project cost, and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule. DELIVERABLE 2 The Grantee may request reimbursement upon Department receipt and approval of: 2.A. All applicable Project specific Completion documentation listed on Completion Documentation Checklist (DRP-111) 2.B. Final Status Report The Grantee may request reimbursement for allowable budgeted expenses and costs pursuant to the Agreement that are directly related to the successful development of the Project site. Reimbursement shall not exceed the Grant A ward Amount, less any reimbursement requested for in Deliverable 1, and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule below. Ten percent ( 10%) of the Grant A ward will be retained until the Project is designated complete by the Department. Due April 30, 2019, which shall also be the Project completion date 3 No reimbursement will be made for Deliverable(s) deemed unsatisfactory by the Department. Payment(s) will not be made for unsatisfactory or incomplete work. In addition, a Task may be terminated for Grantee's failure to perform. Project Task Performance Standard: The Department's Grant Manager will review the Deliverables to verify compliance with the requirements for funding under the FRDAP; approved plans and application approved for funding. Upon review and written acceptance by the Department's Grant Manager of all Deliverables under each Project Task, the Grantee may proceed with the payment request submittal. Payment Request Schedule: Following Department approval of all Deliverables, the Grantee may submit a payment request on Payment Request Summary Form (DRP- 115) along with all required documentation as outlined in the Financial Reporting Procedures (DRP-11 0), as applicable, to support payment. A payment request submitted DEP Agreement No.: A 7092, Attachment A, Page 2 of 3 FRDAP_FY16-17 Agenda Item 4B April 10, 2017 as part of the reimbursement process must correspond with the Cost Analysis and supporting documents provided under Project Tasks. The payment request must include documentation regarding the match source, as required. Endnotes: 1. FRDAP documentation is available at http://dep .state .fl .us /lands /Land and Recreation/Land Recreation.htm and/or from the Office of Operations, Land and Recreational Grants Section, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS# 585, Tallahassee, Florida, 32399-3000 . 2. Project Agreement is subject to termination if Commencement documentations under Task 1 are not received and approved by the Department within 180 calendar days of the Project Agreement execution. 3. Due Date will not be extended beyond the Grant Period as outlined in Subsection 62D-5.058(7), F .A.C. DEP Agreement No.: A 7092, Attachment A, Page 3 of 3 FRDAP_FY16-17 Agenda Item 4B April 10, 2017 ATTACHMENT H SPECIAL AUDIT REQUIREMENTS The administration ofresources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Depmiment staff, limited scope audits as defined by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Depmiment of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessmy by the Chief Financial Officer or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A -133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year stari dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFRPart 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this pmi. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised, and 2 CFR Part 200, Subpart F. 3. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Pa1i 200, Subpmi F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, and 2 CFR Part 200, Subpmi F the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www .cfda.gov DEP Agreement No.: A7092, Attachment H, Page 1 of5 FRDAP _16-17 Agenda Item 4B April 10, 2017 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10 .550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial repmiing package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215 .97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should access the Florida Single Audit Act website located at htt ps://apps .fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state .fl .us/Welcome/index .cfm , State of Florida's website at http://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs .com/ and the Auditor General's Website at http://www.myflorida .com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: I11is part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State mvarding entity's policy (i.e., the audit is not required by Federal or State lmvs and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97 (8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies ofrepmiing packages for audits conducted in accordance with OMB Circular A-133, as revised, and 2 CFR Pmi 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: DEP Agreement No.: A 7092, Attachment H, Page 2 of 5 FRDAP_l6-17 Agenda Item 4B April 10, 2017 A. The Depmiment of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state .fl .us B . The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, and 2 CFR §200 .501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East lOth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Intemet Data Entry System which can be found at http ://harvester.census .gov/facweb / C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised, and 2 CFR § 200 .512. 2. Pursuant to Section .320(t), OMB Circular A-133 , as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the repmiing package described in Section .320(c), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPS ingleAudit@dep .state. fl .us 3. Copies of financial repmiing packages required by PART Il of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl .us DEP Agreement No.: A 7092, Attachment H, Page 3 of 5 FRDAP _16-17 Agenda Item 4B April 10, 2017 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of rep01is or management letters required by PART m of this Attachment shall be submitted by or on behalf of the recipient directly to the Depa~iment of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep .state.fl.us 5. Any rep01is, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Pa1i 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in conespondence accompanying the rep01iing package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms ofthis Agreement for a period of 5 years from the date the audit rep01i is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.: A 7092, Attachment H, Page 4 of 5 FRDAP_I6-17 Agenda Item 4B April 10, 2017 EXHIBIT-I FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category $ State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Sub.iect to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Number Funding Source Description Funding Amount Category Year General Appropriations Act Line Item 1698A-Fixed Original Capital Outlay Florida 2016-37.017 Florida Recreation Development $50,000.00 140002 Agreement Recreation Development 2017 Assistance Program Assistance Grants from General Revenue Fund Total Award $50,000.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog ofFederal Domestic Assistance (CFDA) [www .cfda .gov ] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs .com/fsaa/searchCatalog .aspx ]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is c !early indicated in the Contract. DEP Agreement No.: A 7092, Attachment H, Page 5 of 5 FRDAP_16-17 Agenda Item 7A April 10, 2017 ORDINANCE 95-17-114 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 5 BEACHES AND PARKS, TO ADD ARTICLE IV, SEA TURTLE PROTECTION, INCLUDING PURPOSE AND INTENT, DEFINITIONS, PROHIBITION OF ACTIVITIES DISRUPTIVE TO MARINE TURTLES, LIGHTING STANDARDS FOR NEW CONSTRUCTION, STANDARDS FOR EXISTING LIGHTING, AND ENFORCEMENT AND PENALTIES, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach is a coastal city with approximately 2.5 miles shoreline on the Atlantic Ocean; and WHEREAS, the City of Atlantic Beach's shoreline provides important nesting habitat for endangered and threatened sea turtles ; and WHEREAS, the City of Atlantic Beach 's shoreline is heavily developed with structures utilizing artificial lighting; and WHEREAS , scientific studies conclude that certain types of artificial lighting have a detrimental effect on nesting sea turtles and their hatchlings by inhibiting nesting and interfering with the natural lighting cues used by hatchlings to properly orient to the open waters of the Atlantic Ocean; and WHEREAS , it is the desire of the City Commission to regulate exterior and interior point sources of miificial lighting in a manner that minimizes disturbances and the disorientation of nesting sea turtles and their hatchlings ; BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Page 1 of7 Agenda Item 7A April 10, 2017 (i) Line-of-sight shall mean a visual path emanating from an average eye level. Average eye level is defined to be five feet above the ground level. G) Long wavelength lighting shall mean light bulbs or diodes that produce light that measures greater than 560 nanometers and absent wavelengths below 560 nanometers on a spectroscope, which include low-pressure sodium (LPS), true red neon, red, orange, or amber light-emitting diode (LED), or other lighting sources that produce light that measures greater than 560 nanometers and absent wavelengths below 560 nanometers. (k) Marine turtle shall mean any marine-dwelling reptile of the families Cheloniidae or De1mochelyidae found in Florida waters or using the beach as nesting habitat, including the species Caretta caretta (loggerhead, Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricate (hawksbill), and Lepidochelys kempi (Kemp's ridley) For purposes of this Article, marine turtle is synonymous with sea turtle. (1) Nest shall mean an area where marine turtle eggs have been naturally deposited or subsequently relocated. (m) Nesting season shall mean the period from May 1 through October 31 of each year. (n) Nighttime shall mean the locally effective time period between sunset and sumise. ( o) Person shall mean individuals, fi1ms, associations, joint ventures, pminerships, estates, trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (p) Point Source shall mean the bulb, lamp or glowing elements of a fixture from which light is emitted. ( q) Sea Turtle Protection Area shall mean an area where land either (i) has frontage on Beach A venue; (ii) is located within the Cloister condominium development; or (iii) is located eastward of Seminole Road from 20111 Street northward to the City limits. (r) Shielded shall mean a light fixture which is constructed in a manner that the point source is not directly visible from the beach. (s) Tinted glass shall mean any glass treated to achieve an industry-approved, inside-to outside light transmittance value of 45% or less. Such transmittance is limited to the visible spectrum (400 to 700 nanometers) and is measured as the percentage oflight that is transmitted through the glass. Section 5-36. -Prohibition of activities disruptive to marine turtles. The following activities are prohibited on the beach at nighttime during the nesting season: Page 3 of7 Agenda Item 7A April 10, 2017 (a) The operation of all motorized vehicles, except emergency and law enforcement vehicles, those permitted to be on the beach for marine turtle conservation or research, or those permitted to be on the beach by the City Manager. (b) The building of campfires or bonfires. Section 5-37. -Lighting standards for new construction. In addition to the requirements of the Florida Building Code and other regulating entities as of the effective date ofthis A1iicle , 2017), the following lighting standards shall be required for all construction activities occurring within the sea turtle protection area. (a) Exterior miificiallight fixtures shall be designed and positioned so that the point source of light or any reflective surface from a light fixture is not directly or indirectly visible. (b) Exterior miificial light fixtures within line-of-sight of the beach shall be designed as follows: (1) Completely shielded downlight only fixtures or recessed fixtures having low wattage, long wavelength light sources with non-reflective interior surfaces. Other fixtures that have appropriate shields, louvers, or cut-off features may also be used if they are in compliance with paragraph (a) above; and (2) All fixtures shall be mounted as low in elevation as possible through use of low- mounted wall fixtures, low bollards, and/or ground-level fixtures. (c) Floodlights, up-lights or spotlights designed for decorative and accent purposes that are directly or indirectly visible shall not be used. (d) Exterior miificial light fixtures used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role( s ). The use of motion detectors that keep lights off except when approached and that switch lights off within 5 minutes are required. (e) Only long wavelength lighting shall be used in parking areas within line-of-sight of the beach. Such lighting shall be: (1) Set on a base which raises the source of light no higher than 48 inches above the ground; and (2) Positioned or shielded so that the light is cast downward and the source of light or any reflective surface from the light fixture is not directly or indirectly visible. (f) Parking areas and roadways, including any paved or unpaved areas upon which motorized vehicles will park or operate, shall be designed and located to prevent vehicular headlights from being directly visible. Page 4 of7 Agenda Item 7A April 10, 2017 (g) Vehicular lighting, parking area lighting, and roadway lighting shall be shielded from the beach through the use of ground-level baniers. Ground-level baniers must not interfere with marine tmile nesting or hatchling emergence, or cause shoti-or long-term damage to the beach/dune system. (h) Tinted glass shall be installed on all windows and glass doors of single or multi-story stmctures within line-of-sight of the beach. (i) Use of appropriately shielded downward-directed fixtures fitted with long wavelength light sources shall be required for parking areas, roadways and similar high-intensity lighting applications. (j) Temporary lighting of constmction sites during the marine turtle nesting season shall be restricted to the minimal amount necessary and shall incorporate all of the requirements of this section. Section 5-38. -Standards for existing lighting. No later than May 1, 2020, all owners of propetiy located within the sea tmile protection area shall determine if any existing artificial lighting on their property is directly or indirectly visible and take the following conective actions to reduce or eliminate the negative effects of such atiificial lighting: (a) One (1) or more of the following measures shall be taken to reduce or eliminate the negative effects of existing exterior artificial lighting so that the point source of light or any reflective surface a light fixture is not directly or indirectly visible: (1) Reposition fixtures so that the point source of light or any reflective surface is no longer directly or indirectly visible; (2) Replace fixtures having an exposed light source with fixtures containing recessed light sources or shields; (3) Replace traditional light bulbs with low wattage, long wavelength light sources; (4) Replace non-directional fixtures with directional fixtures that point down and away from the beach; (5) Replace fixtures having transparent or translucent coverings with fixtures having opaque shields covering an arc of at least 180 degrees and extending an appropriate distance below the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not directly or indirectly visible; Page 5 of7 Agenda Item 7A April 10, 2017 (6) Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface is not directly or indirectly visible; (7) Replace incandescent, fluorescent, and high intensity lighting with the lowest wattage, long wavelength lighting possible for the specific application; (8) Plant or improve vegetation buffers between the light source and the beach to screen artificial light; (9) Construct a ground-level banier to shield light sources from the beach. Ground- level baniers must not interfere with marine turtle nesting or hatchling emergence, or cause short-or long-te1m damage to the beach/dune system; (1 0) Petmanently remove or permanently disable any fixture which cannot be brought into compliance with the provisions of these standards. (b) One (1) or more of the following measures shall be taken to reduce or eliminate the negative effects of interior light emanating from doors and windows within line-of-sight of the beach: (1) Window tint or film shall be installed that meets the standards for tinted glass; (2) Rearrange lamps and other moveable fixtures away from windows; (3) Use window treatments (e.g., blinds, curtains) to shield interior lights from the beach; (4) Tum offunnecessary lights. (c) Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detectors that keep lights off except when approached and that switch lights off within 5 minutes are required. Section 5-39.-Enforcement and penalties. (a) The City shall have the power to enforce the provisions of this Article by code enforcement proceedings as set out in Chapter 2, Article V, Division 2, City of Atlantic Beach Code of Ordinances, as amended, including without limitation, all penalties, fines and interest, and F.S. Chapter 162, as amended. (b) No permit for a Cetiificate of Occupancy shall be issued by the City for any property in violation of this Atiicle, unless the permit includes conective actions as outlined in this Atiicle. Page 6 of? Agenda Item 7A April 10, 2017 SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this ordinance are repealed to the extent inconsistent herewith. SECTION 3. Severability. If any section, subsection, sentence, clause or phrase or provision of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such pmiion shall be deemed a separate, distinct and independent provision and such holding shall not be construed to render the remaining provisions of this ordinance invalid or unconstitutional. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this lOth day of April, 2017. PASSED by the City Commission on second reading this 24th day of April, 2017. ATTEST: Donna L. Bartle, City Clerk Approved as to form and conectness: Brenna M. Durden, City Attorney CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor Page 7 of7 Agenda Item 7A April 10, 2017 Sea Turtles and Lighting Executive Summary Witherington, Martin and Trindell sea turtles. The impact of artificial lighting on sea turtles and the development of good lighting management practices to re- duce these impacts is the primary focus of this Technical Report. However, light pollution is harmful to humans also. In fact, a growing body of research in photobiology indicates that humans, wildlife, and plants are affected by artificial lighting. The Assessment section includes updated infor- mation on lighting inspections and monitoring sea turtle behavior, as well as a brief discussion about laws regulating lights in Florida. The Solutions section underscores the use ofBAT to manage lights from indoor and outdoor sources. Amber light emitting diodes (LEDs), red neon, and low-pressure sodium- vapor luminaires are good substitutes for more disruptive lighting near sea turtle nesting beaches. Effective Methods for Managing Light includes an overview of the current status and lessons learned. Solutions are provided for several cate- gories of common light-pollution problems: swimming pools, parks, piers, sidewalks, walkways, bikeways, streetlights, parking facilities, decorative lights, and illuminated signs. Making the public aware of light pollution problems on sea tmile nesting beaches is a fundamental step toward dark- ening beaches. Many of those responsible for errant lighting are vi unaware of its detrimental effects and are generally willing to correct such problems once they are made aware of them. Nonetheless, legislation requiring light management is often needed, and on many nesting beaches it may be the only means of fully resolving light pollution problems. The Overview section includes a brief assessment of past efforts of managing atiificial lighting on the nesting beaches and information on the nesting trends. Success sto- ries involving retrofitting problematic lighting for public and private buildings and streetlights are included. Future strate- gies, involving outreach to students and employing new technologies, are discussed. The last portion of this section at- tempts to address questions commonly raised by lighting design professionals involved in projects in coastal areas. Appendices provide additional information on ap- propriate lamp types, lamp colors, fixture designs, and fixture mounting for various applications near sea turtle nesting beaches. They also provide information for contacting light- ing companies that offer appropriate lighting fixtures and governmental and nongovernmental organizations that can help with sea turtle conservation. Last, they suggest responses to commonly encountered questions and comments regarding sea turtles and artificial lighting. FWRI Technical Report TR-2, Version 2 Agenda Item 7B April 10, 2017 ORDINANCE NO. 58-17-40 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-300, DEFINITIONS; AMENDING SECTION 2-301, MEMBERSHIP; AMENDING SECTION 2- 303, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 2-305, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; AMENDING SECTION 2-310.5, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 2-310.16, PRIOR POLICE SERVICE; AMENDING SECTION 2-310.18, DEFERRED RETIREMENT OPTION PLAN; ADDING SECTION 2-310.19, SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-300, Definitions, to amend the definitions of "Actuarial Equivalent", "Credited Service", "Effective Date", and "Spouse", to read as follows: * * * * * Actuarial equivalent means a benefit or amount of equal value, based upon the RP-2000 Combined Healthy Male Generational Unisex Mortality Table projected by Scale AA, and an interest rate of eight (8%) per annum equal to the investment return assumption set fmth in the last actuarial valuation approved by the board. This definition may only be amended by the city pursuant to the recommendation of the board using assumptions adopted by the board with the advice of the plan's actuary, such that actuarial assumptions are not subject to city discretion. * * * * * Credited service means the total number of years and fractional parts of years of service as a Police Officer with member contributions, when required, omitting intervening years or fractional parts of years when such member was not employed by the city as a Police Officer. A member may voluntarily leave his accumulated contributions in the fund for a period of five (5) years after leaving the employ of the Police department pending the possibility of being reemployed as a Police Officer, without losing credit for the time that he was a member of the system. If a vested member leaves the employ of the Police department, his accumulated contributions will be returned only upon his written request. If a member who is not vested is not reemployed as a Police Officer with the Police department within five (5) years, his accumulated contributions, if one-thousand dollars ($1,000.00) or less shall be returned. If a Member who is 1 Agenda Item 7B April 10, 2017 lump sum or to rollover the lump sum amollllt on forms designated by the Board. Upon retmn of a member's accumulated contributions, all of his rights and benefits tu1der the system are forfeited and terminated. Upon any reemployment, a Police Officer shall not receive credit for the years and fi·actional parts of years of service for which he has withdrawn his accumulated contnbutions from the fimd, llllless the Police Officer repays into the fimd the contributions he has withdrawn, with interest, as determined by the board, within ninety (90) days after his reemployment. The years or fractional parts of a year that a member performs "Qualified Military Service" consisting of voluntary or invollllltary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353), after separation from employment as a Police Officer with the city to perform training or service, shall be added to his years of credited service for all purposes, including vesting, provided that: (1) The member is entitled to reemployment tu1der the provisions ofUSERRA. (2) The member retruns to his employment as a Police Officer within one year fi·om the earlier of the date of his military discharge or his release from active service, llllless otherwise required by USERRA. (3) The maximum credit for military service pursuant to this paragraph shall be five (5) years. (4) This paragraph is intended to satisfY the minimum requirements ofUSERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. ill the event a member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the member had resumed employment and then died while employed. Beginning January 1, 2009, to the extent required by section 414(u)(12) ofthe code, an individual receiving differential wage payments (as defined llllder section 3401(h)(2) of the code) from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on atmual additions under section 415( c) of the code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. Leave conversions of tu1used accrued paid time off shall not be permitted to be applied toward the accrual of credited service either dming each plan year of a member's employment with the City or in the plan year in which the member terminates employment. Effective date means the da:te on which this ordinance becomes dfuet:ive Jtu1e 10, 2013. * * * * * Spouse means the la:wful w:ifu or htlsba:nd of a: member 01 retiree member's or retiree's spouse tu1der applicable law at the tin1e benefits become payable. * * * * * 2 Agenda Item 7B April 10, 2017 SECTION 2: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section2-301, Membership, to read as follows: Sec. 2-301. Membership. Conditions of eligibility. All police officers as of the effective date, and all future new police officers, shall become members of this system as a condition of employment. Notwithstanding the previous sentence, a new employee who is hired as the Police Chief may, witmn sixty (60) days of appointment as Police Cmef upon employment as Police Chief notifY the board and the City, in wtiting, of his election to not be a member of the system Current employees of the City who are selected to become Police Chief are not eligtble for the opt-out provided for herein. In the event of any such election, he shall be baned from futme membership in the system and any vested aeet ned benefit shaH be tetained and paid when otherwise payable herein; or eonttibutiorn made after employment and priot to opting out shaH be tefunded. Thereafter, contributions to the plan in accordance with §2-304 shall not be required, he shall not be eligible to be elected as a member trustee on the board or vote for a member trustee and shall not be eligtble for any other benefits from the plan SECTION 3: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, ofthe Code of Ordinances ofthe City of Atlantic Beach, is hereby amended by amending Section 2-303, Finances and Fund Management, subsection (f)(2)c., to read as follows: * * * * * c. In addition, the board may, upon recommendation by the board's investment consultant, make investments in group trusts meeting the requirements of Internal Revenue Service Revenue Ruling 81-1 00_. and Revenue Ruling 2011- 1, IRS Notice 2012-6 and Revenue Ruling 2014-21 or successor rulings or guidance of similar in1port, and operated or maintained exclusively for the commingling and collective investment of monies, provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under section 401(a) of the code, individual retirement accounts that are exen1pt under section 408( e) of the code, eligtble governmental plans that meet the requirements of section 457(b) of the code, and governmental plans under 401(a)(24) ofthe code. For this pmpose, a tmst includes a custodial account or a separate tax fuvored account maintained by an insurance company that is treated as a trust under section 401(±) or under section 457(g)(3) of the code. While any portion of the assets of the fund are invested in such a gt·oup trust, such group trust is itself adopted as a part of the system or plan. 1. Any collective or common group tmst to which assets of the fund are transfened pursuant to subsection c. shall be adopted by the board as part of the plan by executing appropriate participation, adoption agreements, and/or trust agreements with the gt·oup trust's trustee. 2. The separate account maintained by the gt-oup trust for the plan pursuant to subsection c. shall not be used for, or diverted to, any purpose other than for the exclusive benefit of the members and beneficiaries ofthe plan. 3 Agenda Item 7B April 10, 2017 .;L For purposes of valuation, the value of the separate account maintained by the group trust for the plan shall be the fuir market value of the portion of the group trust held for the plan, determined in accordance with generally recognized valuation procedures. * * * * * SECTION 4: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-305, Benefit Amounts and Eligtbility, subsection (a), Normal Retirement Date, to read as follows: * * * * * (a) Normal retirement age and date. For membcts hned befOre Janttary 1, 2013, a member's normal retiremctrt date shaH be the first da)' of the month coincident ~ith, or nex:t fuHo~ing the earlier ofthe attaimnent of age fi:fey (50) and the completion of twency (20) )'Cars of credited serviee, the attainment of age fitey-five (55) and the emnpletion often (10) )'Cars oferedited set vice, the completion of tweney-five (25) )'Cars of credited service regardless of age, or the attainment of age sixty (60) and the completion of five (5) )'Cats of credited ser viee. For membcts hired on or after Janttar)' 1, 20 13, a member's nonnal retiremerrt date shaH be the first dey of the month eoir1eident ~ith; or ne-,.i folio ~ing the eatliet of the attainment of age fi:ft)'-five (55) and the eornpletion oftet1 (1 0) )'Cars of credited service, m the atta:itmlCnt of age frfty-two (52) and the completion of twent)'-five (25) )'Cars of credited ser viee. A member rrta)' retire on his normal retiretnent date or on the fu: st da)' of any month thereafter, and each member shaH become one htmdred (1 00) percent vested in his aeemed benefit on the member's nonml retirement date. Normal retitemerrt tnlder the S)'stem is retiremetrt nom emplo)'ment ~ith the city on or after the normal retitemerrt date. ill For members hired before January 1, 2013, a member's normal retirement age is the earlier of the attainment of age fifty (50) and the completion of twenty (20) years of credited service, the attaitm1ent of age fifty-five (55) and the completion of ten (1 0) years of credited service, the completion of twenty-five (25) years of credited service, regardless of age, or the attainment of age sixty (60) and the completion of five (5) years of credited service. ill For members hired on or after Janua1y 1, 2013, a member's normal retirement age is the earlier of the attainment of age fifty-five (55) and the completion of ten (1 0) years of credited service, or the attait1111ent of age fifty-two (52) and the completion oftwenty-five (25) years of credited service. Each member shall become one hundred percent (100%) vested in his accrued benefit at normal retirement age. A member's normal retit·ement date shall be the first day of the month coincident with or next followit1g the date the member retires fi·om the city after attaining nonnal retirement age. * * * * * SECTION 5: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, ofthe Code of Ordinances ofthe City of Atlantic Beach, is hereby amended by amending Section 2-310.4, Maxit11un1 Pension, subsections (h) and (D(2), and by adding subsection (m), to read as follows: 4 Agenda Item 7B April 10, 2017 * * * * * (h) Ten thousand dollar ($1 0, 000) limit,· less than ten years of service. Notwithstanding anything in this section 2-310.4, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in this subsection (h) of section 2-31 0.4 if the benefits payable, with respect to such member under this system and under all other qualified defmed benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable limitation year and or for any prior limitation year, and the City has not at any time maintained a qualified defined contribution plan in which the member participated; provided, however, that ifthe member has completed less than ten (10) years of credited service with the City, the limit under this subsection (h) of section 2-310.4 shall be a reduced limit equal to ten thousand dollars ($1 0,000) multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (1 0). * * * * * (Q(2) No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the futme, a retirement benefit or pension fi:om a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 69-1223, Title 10, U.S. Code. (m) E(fect o(Direct Rollover on 415(b) Limit. Ifthe plan accepts a direct rollover of an employee's or former employee's benefit from a defined contribution plan qualified under Code Section 401(a) which is maintained by the employer, any annuity resulting from the rollover amount that is determined using a more :fuvorable actuarial basis than required under Code Section 417(e) shall be included in the annual benefit for purposes of the limit under Code Section 415 (b). SECTION 6: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-310.5, Minimum Distribution of Benefits, subsection (b)(2)d., to read as follows: (b)(2) d. * * * * * If the member's stn'Viving spouse is the member's sole designated beneficimy and the surviving spouse dies after the member but before distnbutions to the smviving spouse begin, this subsection (b )(2), other than subsection (b )(2)a., will apply as if the stn'Viving spouse were the member. For pmposes of this subsection (b)(2). and stibsection (e), distnbutions are considered to begin on the member's required beginning date or, if subsection (b )(2)d. applies, the date of distnbutions are required to begin to the smviving spouse under subsection (b )(2)a. If annuity payments irrevocably commence to the member before the member's required begimling date (or to the member's smviving spouse before the date distributions are required to begin to the smviving spouse tnlder subsection (b )(2)a.) the date distnbutions are considered to begin is the date distributions actually commence. * * * * * 5 Agenda Item 7B April 10, 2017 SECTION 7: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-310.16, Prior Police Service, subsection (5), to read as follows: * * * * * (5) In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state law enforcement department, if such prior service forms or will form the basis of a retirement benefit or pension from a different employer's retirement system or plan as set forth in section 2-310.4, subsection fk7E27 .(lli1).. * * * * * SECTION 8: That Chapter 2, Administration, Alticle VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-310.18, Deferred Retirement Option Plan, to read as follows: Sec. 2-310.18. DefeiTed retirement option plan. (a) Definitions. As used in this Section 2-310.18, the following definitions apply:" (1) 'DROP" --The City of Atlantic Beach Police Officers' Retirement System Deferred Retirement Option Plan. (2) 'DROP Account" --The account established for each DROP participant under subsection (c). ill "Total return of the assets" --For purposes of calculating earnings on a member's DROP account pursuant to subsection (c)(2)b., for each fiscal year quarter, the percentage increase (or decrease) in the interest and dividends eamed on investments, including realized and unrealized gains (or losses), of the total Plan assets. (b) Participation. (1) Eligibility to Participate. In lieu oftenninating his employment as a police officer, any member who is eligible for normal or early retirement under the system may elect to defer receipt of such service retirement pension and to participate in the DROP. (2) Election to Participate. A member's election to pmticipate in the DROP must be made in Wliting in a time and manner determined by the board and shall be effective on the first day ofthe first calendar month which is at least fifteen (15) business days after it is received by the board. (3) Period of Participation. A member who elects to participate in the DROP under subsection (b)(2), shall participate in the DROP for a period not to exceed sixty (60) months beginning at the time his election to pmticipate in the DROP first becomes effective. An election to participate in the DROP shall constitute an inevocable election to resign fi·om the service of the City not later than the date provided for in the previous sentence. A member may participate only once. (4) Tennination of Participation. a. A member's pmticipation in the DROP shall cease at the earlier of 6 Agenda Item 7B April 10, 2017 1. the end of his permissible period of participation in the DROP as determined tmder subsection (b )(3); or 2. termination ofhis employment as a police officer. b. Upon the member's termination of participation in the DROP, pursuant to subsection a.l. above, all amounts provided for in subsection ( c )(2), including monthly benefits and investment earnings and losses, shall cease to be transferred :fi:om the system to his DROP Account. Any amounts remaining in his DROP Account shall be paid to him in accordance with the provisions of subsection (d) when he terminates employment as a police officer. c. A member who terminates his participation in the DROP under this subsection (b)( 4) shall not be permitted to again become a participant in the DROP. (5) Effect of DROP Participation on the System. a. A member's credited service and his accrued benefit under the system shall be detennined on the date his election to pmticipate in the DROP first becomes effective. For ptrrposes of determining the accrued benefit, the member's salary for the purposes of calculating his average final compensation shall include an amount equal to any lump sum payments which would have been paid to the member and included as salary as defined herein, had the member retired under normal retirement and not elected DROP pmticipation Member contributions attnbutable to any lump sums used in the benefit calculation and not actually received by the member shall be deducted from the first payments to the member's DROP Account. The member shall not accrue any additional credited service or any additional benefits under the system (except for any supplemental benefit payable to DROP participants or any additional benefits provided under any cost-of-. living adjustment for retirees in the system) while he is a participant in the DROP. After a member commences patticipation, he shall not be permitted to again conh·ibute to the system nor shall he be eligible for disability or pre- retirement death benefits, except as provided for in Section 2-310.17, Reemployment After Retirement. b. No amounts shall be paid to a member fi·om the system while the member is a participant in the DROP. Unless othetwise specified in the system, if a member's participation in the DROP is terminated other than by tem1inating his employment as a police officer, no amounts shall be paid to him :fi"om the system until he terminates his employment as a police officer. Unless otherwise specified in the system, amounts transferred :li"om the system to the member's DROP Account shall be paid directly to the member only on the termination ofhis employment as a police officer. (c) Funding. (1) Establishment of DROP Account. A DROP Account shall be established for each member pmticipating in the DROP. A member's DROP Account shall consist of ammmts tr·ansfened to the DROP under subsection (c)(2), and earnings or losses on those amounts. 7 Agenda Item 7B April 10, 2017 (2) Transfers From Retirement System. a. As of the first day of each month of a member's period of participation in the DROP, the monthly retirement benefit he would have received lUlder the system had he terminated his employment as a police officer and elected to receive monthly benefit payments therelUlder shall be transferred to his DROP Account, except as otherwise provided for in subsection (b)(4)b. A member's period of participation in the DROP shall be determined in accordance with the provisions of subsections (b)(3) and (b)(4), but in no event shall it continue past the date he terminates his employment as a police officer. b. Except as otherwise provided in subsection (b)(4)b., a member's DROP AccolUlt under this subsection (c)(2) shall be debited or credited after each fiscal year qmrter with earnings, to be credited or debited to the member's DROP accolUlt, determined as of the last business day of each fiscal year quarter and debited or credited as of such date, determined as follows: The average daily balance in a member's DROP AccolUlt shall be credited or debited at a rate equal to the net investment retum realized by the system for that quatter. ''Net investment retum" for the purpose of this paragraph is the total return of the assets in which the Member's DROP AccolUlt is invested by the board net of brokerage commissions, transaction costs and management fees. For purposes of calculating earnings on a member's DROP accolUlt pursuant to this subsection (c)(2)b., brokerage commissions, transaction costs, and management fees shall be determined for each quatter by the investment consultant pursuant to contracts with fund managers as reported in the custodial statement. The investment consultant shall report these quarterly contractual fees to the board. The investment consultant shall also report the net investment retum for each manager and the net investment return for the total plan assets. c. A member's DROP Account shall only be credited or debited with eamings or losses and monthly benefits willie the member is a participant in the DROP. A member's final DROP accolUlt value for distribution to the member upon tennination ofparticipation in the DROP shall be the value of the accolUlt at the end of the quarter immediately preceding tennination of patticipation plus any monthly periodic additions made to the DROP accmmt subsequent to the end of the previous quarter and prior to distnbution. If a Member fuils to terminate employment after participating in the DROP for the pennissible period of DROP participation, then beginning with the member's first month of employment following the last month of the permissible period of DROP patticipation, the member's DROP AccolUlt will no longer be credited or debited with earnings or losses, nor will monthly benefits be transferred to the DROP accolUlt. All such non-transferred amollllts shall be forfeited and continue to be forfeited while the member is employed by the Police Depmtment, and no cost-of-living adjustments shall be applied to the member's credit during such period of continued employment. A member employed by the Police Department after the permissible period of DROP pmticipation will still not be eligrble for pre- retirement death and disability benefits, and will not accrue additional Credited Service except as provided for in Section 2-310.17, Reemployment After Retirement. 8 Agenda Item 7B April 10, 2017 (d) Distribution of DROP Accounts on Termination of Employment. (I) Eligibility for Benefits. A member shall receive the balance in his DROP Account in accordance with the provisions of this subsection (d) upon his termination of employment as a police officer. Except as provided in subsection (d)(5), no amounts shall be paid to a member from the DROP prior to his termination of employment as a police officer. (2) Form of Distribution. a. Unless the member elects otherwise, distribution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection (d)(6). Elections under this paragraph shall be in writing and shall be made in such time or manner as the board shall determine. b. Notwithstanding the preceding, if a member dies before his benefit is paid, his DROP Account shall be paid to his beneficiary in such optional form as his beneficiary may select. If no beneficiary designation is made, the DROP Account shall be distnbuted to the member's estate. (3) Date of Payment of Distribution. Except as otherwise provided in this subsection (d), distribution of a member's DROP Account shall be made as soon as administratively practicable following the member's termination of employment. Distribution of the amount in a member's DROP account will not be made unless the member completes a wtitten request for distribution and a written election, on forms designated by the board, to either receive a cash lump sum or a rollover of the lump sum amount. (4) Proof of Death and Right of Beneficiwy or Other Person. The board may require and rely upon such proof of death and such evidence of the right of any beneficiary or other person to receive the value of a deceased member's DROP Account as the board may deem proper and its determination of the right of that beneficiary or other person to receive payment shall be conclusive. (5) Distribution Limitation. Notwithstanding any other provision of subsection (d), all distnbutions from the DROP shall conform to the ''Minimum Distribution Of Benefits" provisions as provided for herein. (6) Direct Rollover of Certain Distributions. This subsection applies to distributions made on or after Januaty 1, 2002. Notwithstanding any provision of the DROP to the contrary, a distnbutee may elect to have any portion of an eligtble rollover distribution paid in a direct rollover as otherwise provided under the System in Section 2-310.13. (e) Administration of DROP. (I) Board Administers the DROP. The general administration of the DROP, the responsibility for carrying out the provisions of the DROP and the responsibility of overseeing the investment of the DROP's assets shall be placed in the board. The members ofthe board may appoint fi·om their number such subcommittees with such powers as they shall determine; rna y adopt such administrative procedures and regulations as they deem desirable for the conduct of their affuirs; may authorize one or more of their nun1ber or any agent to execute or deliver any instmment or make any payment on their behalf; may retain counseL employ agents and provide for such clericaL accounting, actuarial and consulting services as they may require in canying 9 Agenda Item 7B April 10, 2017 out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on any question relating exclusively to himself (2) Individual Accounts, Records and Reports. The board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each member's DROP Account, and the board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The board shall prepare and distnbute to members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distnbuted or filed for the DROP pursuant to the IRC and any other applicable laws. (3) Establishment of Rules. Subject to the limitations ofthe DROP, the board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The Board shall have discretionary authority to construe and interpret the DROP (including but not limited to determination of an individuars eligtbility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The detemrination of the board as to the interpretation of the DROP or its detemrination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. (4) Limitation of Liability. a. The trustees shall not incur any liability individually or on behalf of any other individuals for any act or :fuilure to act, made in good :fuith in relation to the DROP or the funds ofthe DROP. b. Neither the board nor any trustee of the board shall be responsible for any reports furnished by any expert retained or employed by the board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The board shall be fully protected with respect to any action taken or suffered by it in good :fuith in reliance upon such expert, accmmtant, actumy or counse~ and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. (f) General Provisions. ill The DROP is not a separate retirement plan. Instead, it is a program under which a member who is elig~ble for normal retirement lmder the system may elect to accrue future retirement benefits in the matmer provided in this section 2-310.18 for the remainder of his employment, rather than in the nonnal manner provided under the plan. Upon temrination of employment, a member is entitled to a lump sum distribution ofhis or her DROP accmmt balance or may elect a rollover. The DROP account distnbution is in addition to the member's monthly benefit. ill Notional account. The DROP account established for such a member is a notional account, used only for the purpose of calculation of the DROP distnbution amount. It is not a separate account in the system There is no change in the system's assets, and there is no distnbution available to the member until the member's telUlination 1 0 Agenda Item 7B April 10, 2017 ill (t ~) (Z. §.) (3-1.) (4 ~) (5 2) from the DROP. The member has no control over the investment of the DROP accmmt. No employer discretion. The DROP benefit is determined pursuant to a specific formula which does not involve employer discretion. IRC limit. The DROP account distnbution, along with other benefits payable from the system, is subject to limitation under Internal Revenue Code Section415(b). Amendment of DROP. The DROP may be amended by an ordinance of the City at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions ofthe DROP. However, except as otherwise provided by law, no amendment shall make it possible for any part of the DROP's fimds to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP Account of any member. Facility of Payment. If a member or other person entitled to a benefit under the DROP is unable to care for his affuirs because of illness or accident or is a minor, the board shall direct that any benefit due him shall be made only to a du1y appointed legal representative. Any payment so made shall be a complete discharge of the liabilities ofthe DROP for that benefit. Information. Each member, beneficiary or other person entitled to a benefit, before any benefit shall be payable to him or on his account under the DROP, shall file with the Board the information that it shall require to establish his rights and benefits under the DROP. Prevention of Escheat. Ifthe board cmmot ascertain the whereabouts of any person to whom a payment is due under the DROP, the Board may, no earlier than three (3) years from the date such payment is due, mail a notice of such due and owing payment to the last known address of such person, as shown on the records of the board or the City. If such person has not made written clain1 therefor within three (3) months of the date of the mailing, the board may, if it so elects and upon receiving advice fi·om counsel to the system, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the system Upon such cancellation, the system shall have no finiher liability therefor except that, in the event such person or his beneficiary later notifies the board of his whereabouts and requests the payment or payments due to him under the DROP, the amount so applied shall be paid to him in accordance with the provisions ofthe DROP. Written Elections, Notification. a. Any elections, notifications or designations made by a member pursuant to the provisions ofthe DROP shall be made in writing and filed with the board in a tin1e and mailller determined by the board under ru1es tmiformly applicable to all employees similarly situated. The board reserves the right to change from time to time the manner for making notifications, elections or designations by members under the DROP if it detemlines after due dehberation that such action is justified in that it improves the adn1inistration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. 1 1 Agenda Item 7B April 10, 2017 b. Each member or retiree who has a DROP Account shall be responsible for furnishing the Board with his crnrent address and any subsequent changes in his address. Any notice required to be given to a member or retiree hereunder shall be deemed given if directed to him at the last such address given to the board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the member or retiree notifies the board ofhis address. (61Q) Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only from the assets of the member's DROP Account and neither the City nor the board shall have any duty or liability to furnish the DROP with any fimds, securities or other assets except to the extent required by any applicable law. (9-il) Construction. a. The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. b. The titles and headings of the subsections in this Section 2-310.18 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. (8-12) Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any fmfeiture provisions applicable to the system DROP participants shall be subject to forfeitme of all retirement benefits, including DROP benefits. (9il) Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. SECTION 9: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by adding Section 2-310.19, Supplemental Benefit Component for Special Benefits; Chapter 185 Share Accounts; to read as follows: Sec. 2-310.19. Supplemental benefit component for special benefits; Chapter 185 share accounts. There is hereby established an additional plan component to provide special benefits in the form of a supplemental retirement, termination, death and disability benefits to be in addition to the benefits provided for in the previous Sections of this Plan, such benefit to be funded solely and entirely by F.S. Chapter 185, premirnn tax monies for each plan year which are allocated to this supplemental component as provided for in F.S. §185.35. Amounts allocated to this supplemental component ("Share Plan'), if any, shall be :finther allocated to the members and DROP participants as follows: .ill} Individual Member Share Accounts. T11e board shall create individual "member share accounts" for all actively employed plan members and DROP pa1ticipants and maintain appropriate books and records showing the respective interest of each member or DROP participant hereunder. Each member or DROP participant shall have a member share account for his share of the F.S. Chapter 185 tax revenues descnbed above, fmfeitmes and income and expense adjustments relating 1 2 Agenda Item 7B April 10, 2017 thereto. The board shall maintain separate member share accounts, however, the maintenance of separate accounts is for accounting purposes only and a segregation of the assets of the trust :fimd to each account shall not be required or pennitted. {hl Share Account Funding. ill Individual member share accounts shall be established as of September 30, 2015 for all members and DROP participants who were actively employed as of October 1, 2014. Individual member share accounts shall be credited with an allocation as provided for ill the following subsection (c) of any premium tax monies which have been allocated to the share plan for that plan year, beginnjng with the plan year ending September 30, 2015. ill Any forfeitures as provided in subsection (d), shall be used as part of future allocations to the individual member share accounts in accordance with the formula set forth in subsection (c)(l). W Allocation o(Monies to Share Accounts. ill Allocation of Chapter 185 Contributions. a. Effective as of September 30, 2015, the amount of any premium tax monies allocated to the share plan shall be allocated to individual member share accounts as provided for in this subsection Members retiring on or after October 1, 2014 and prior to September 30, 2015 shall receive an allocation In addition, all premium tax monies allocated to the share plan ill any subsequent plan year shall also be allocated as provided for in this subsection. Available premium tax monies shall be allocated to individual member share accounts at the end of each plan year on September 30 (a ''valuation date"). b. On each valuation date, each current actively employed member of the plan not participating in the DROP, each DROP participant and each retiree who retires or DROP participant who has terminated DROP participation in the plan year ending on the valuation date (including each disability retiree), or bene:ficiaw of a deceased member(not including te1minated vested persons) who is otherwise elimble for an allocation as of the valuation date shall receive a share allocation as follows: c. The total :fimds subject to allocation on each valuation date shall be allocated to each member share account of those eligible for an allocation ill an amount equal to a :fi·action of the total amount, the nun1erator of which shall be the individual's total years and :fi·actional parts of years of credited service as of the valuation date, and the denominator of which shall be the sum of the total years and :fi·actionalparts ofyears of credited service as ofthe valuation date of all individuals to whom allocations are being made. Beneficiaries shall receive an allocation based on the years of credited service of the deceased member or DROP participant. d. Re-employed retirees shall be deemed new employees and shall receive an allocation based solely on the credited service in the reemployment period. ill Allocation oflnvestment Gains and Losses. On each valuation date, each individual member share account shall be adjusted to reflect the net earnings or losses resulting from investments during the year. The net eamings or losses allocated to the 1 3 Agenda Item 7B April 10, 2017 individual member share accounts shall be the same percentage which :is earned or lost by the total plan investments, including realized and unrealized gains or losses, net ofbrokerage commissions, transaction costs and management fees. Net earnings or losses are determined as of the last business day of the fiscal year, which :is the valuation date, and are debited or credited as of such date. For purposes of calculating net earnings or losses on a member's share account pursuant to th:is subsection, brokerage commissions, transaction costs, and management fees for the immediately preceding fiscal year shall be determined for each year by the investment consultant pursuant to contracts with fi.md managers as reported in the custodial statement. The investment consultant shall report these annual contractual fees to the board. The investment consultant shall also report the net investment return for each manager and the net investment retum for the total plan assets. ill Allocation of Costs, Fees and Expenses. On each valuation date, each individual member share account shall be adjusted to allocate its pro rata share ofthe costs, fees and expenses of administration of the share plan. These fees shall be allocated to each individual member share account on a proportionate basis taking the costs, fees and expenses of administration of the share plan as a whole multiplied by a fraction, the numerator of which :is the total assets in each individual member share account (after adding the annual investment gain or loss) and the denominator of which :is the total assets of the fi.md as a whole as ofthe same date. ill No Right to Allocation. The fuct of allocation or credit of an allocation to a member's share account by the board shall not vest in any member, any right, title, or interest in the assets ofthe trust or in the Chapter 185 tax revenues except at the time or times, to the extent, and subject to the terms and conditions provided in this Section. ill Members and DROP participants shall be provided annual statements setting forth their share account balance as of the end ofthe plan year. @ Forfeitures. Any member who was hired before January 1, 2013 and has less than five (5) years of service credit, or any member who was hired on or after January l, 2013 and has ten (1 0) years of service credit and who :is not othetw:ise elig~ble for payment of benefits after termination of employment with the city as provided for in subsection (e) shall forfeit h:is individual member share account. Fmfeited amounts shall be included and used as pmt ofthe Chapter 185 tax revenues for future allocations to individual member share accounts on each valuation date in accordance with the formula set fo1th in subsection (c)(l). ~ Eligibility For Benefits. Any member (or his bene:ficiaty)who tem1inates employment as a police officer with the city or who dies, upon application filed with the board, shall be entitled to be paid the value ofhis individual member share account, subject to the following criteria: ill Retirement Benefit. a. A member shall be entitled to one hundred percent (100%) of the value ofh:is share account upon normal or early retirement pursuant to Section 2-305, or ifthe member enters the DROP, upon tem1inationofemployment. b. Such payment shall be made as provided in subsection (f). 1 4 Agenda Item 7B April 10, 2017 ill Termination Benefit. a. In the event that a member's employment as a police officer is terminated by reason other than retirement, death or disability, he shall be entitled to receive the value of his share account only if he is vested in accordance with Section 2-308. b. Such payment shall be made as provided in subsection (f). ill Disability Benefit. a. In the event that a member is determined to be eligtble for either an in-line of duty disability benefit pursuant to Section 2-307, subsection (a) or a not-in- line of duty disability benefit pursuant to Section 2-307, subsection (c), he shall be entitled to one hundred percent (100%) of the value of his share account. b. Such payment shall be made as provided in subsection (f) . .(±) Death Benefit. a. In the event that a member or DROP participant dies while actively employed as a police officer, one hm1dred percent (100%) of the value of his member share account shall be paid to his designated Beneficiary as provided in Section 2-306. b. Such payment shall be made as provided in subsection (f). ill Payment of Benefits. If a member or DROP participant terminates employment for any reason or dies and he or his beneficiary is otherwise entitled to receive the balance in the member's share account, the member's share account shall be valued by the plan's actuary on the next valuation date as provided for in subsection (c) above, following termination of employment. Payment of the calculated share account balance shall be payable as soon as administratively practicable following the valuation date, but not later than one hundred fifty (150) days following the valuation date and shall be paid in one lun1p smn payment. No optional fmms of payments shall be permitted. {g) Benefits Not Guaranteed. All benefits payable under this Section 2-310.19 shall be paid only fi·om the assets accounted for in individual member share accounts. Neither the City nor the board shall have any duty or liability to finnish any additional fimds, secmities or otl1er assets to fund share account benefits. Neither the board nor any trustee shall be liable for the making, retention, or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the member share account balances, except due to his or its own negligence, willful misconduct or lack of good faith. All investments shall be made by the board subject to the restrictions otherwise applicable to :fimd investments. @ Notional account. The member share accom1t is a notional account, used only for the purpose of calculation of the share distribution amount. It is not a separate account in the system There is no change in the systems assets, and there is no distr·ibution available to the member or DROP participant lmtil the member's or DROP participant's termination from employment. The member or DROP participant has no control over the investment of the share account. ill No employer discretion. The share account benefit is detetmined pursuant to a specific formula which does not involve employer discretion. 1 5 Agenda Item 7B April 10, 2017 ill Maximum Additions. Notwithstanding any other provision of this Section, annual additions under this Section shall not exceed the limitations of Section 415( c) of the code pursuant to the provisions of Section 2-310.4, subsection (k) . .(k) IRC limit. The share account distribution, along with other benefits payable from the system, is subject to limitation lll1der Internal Revenue Code Section 415(b). SECTION 10: Specific authority is hereby granted to codey and incorporate this Ordinance in the existing Code of Ordinances ofthe City of Atlantic Beach. SECTION 11: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 12: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases lU1der application shall not be affected thereby. SECTION 13: That this Ordinance shall become effective upon its adoption. PASSEDONFIRSTREADING,this ___ dayof _____ ,2017. PASSED AND ADOPTED ON SECOND READING, this ------' 2017. MAYOR ATTEST: CITY CLERK Approved as to form: CITY ATTORNEY dm/ab/pol/01 12 17.ord 1 6 day of Agenda Item 7B April 10, 2017 GRS February 6, 2017 Gabrie l Roeder Smit h & Company Consultants & Actuaries Mr. Russell Caffey Plan Administrator One East Broward Blvd. Suite 505 Ft. La uderda le, FL 3' 301 -1804 City of Atlantic Beach Police Officers' Retirement System 800 Seminole Road Atlantic Beach , Florida 32233-5445 RE: City of Atlantic Beach Police Officers' Retirement System Actuarial Impact Statement Dear Russell: 954.527.1616 p hone 954.525.0083 fax \VW \v.gabr ic lrocdcr.com As requested by Scott Christiansen in his letter of May 23, 2016, please find enclosed an Actuarial Impact Statement for the proposed ordinance (also enclosed). We have reviewed the proposed ordinance from an actuarial perspective. We were not requested to, nor did we review the ordinance from a legal or compliance perspective. The proposed ordinance would amend the City of Atlantic Beach Police Officers' Retirement System as follows: • Amend Section 2-300, Definitions, for IRC changes and requirements, to amend the definitions of: a. Actuarial Equivalent -to refer to the investment return used in the last actuarial valuation approved by the board and to specify the mortality table unisex mix b. Credited Service -to clarify IRC regulations on leave conversions c. Effective Date -to clearly state the effective date d. Spouse-To clarify the definition in accordance with a recent US Supreme Court ruling • Amend Section 2-301, Membership, to limit those individuals eligible to opt-out ofthe system, to comply with recent IRC Treasury Regulation requirements. • Amend Section 2-303, Finances and Fund Management, to further incorporate recent IRC requirements with regard to investments in commingled funds. • Amend Section 2-305, Benefit amounts and eligibility, to change the Normal Retirement Date to include IRC required language regarding Normal Retirement Age and Nonnal .Retirement Date. • Amend Section 2-310.4 , Maximum Pension , to comply with IRC changes. • Amend Section 2-310.5, Minimum Distribution of Benefits, for a reference clarification in subsection (b )(2)( d) • Amend Section 2-310.16, Prior Police Service, subsection (5), to correct a reference. • Amend Section 2-310.18, Deferred Retirement Option Plan, in accordance with recent direction from the IRS in connection with the issuance of several recent Favorable Determination Letters to: i) clarify investment returns on DROP accounts , ii) clarify when earnings are calculated and paid, and iii) add several sections clarifying the DROP provisions as required by the IRS. Agenda Item 7B April 10, 2017 Mr. Russell Caffey February 6, 2017 Page 2 • Add Section 2-310.19, Supplemental Benefit Component for Special Benefits; Chapter 185 Share Accounts. This Section creates a 'Share Plan', or defined contribution component, and the addition of a share plan is a requirement of recently adopted Chapter 2015-39, Laws of Florida, for all pension plans that are subject to the provisions of Chapters 175 and 185, Florida Statutes. Per the latest collective bargaining agreement, no excess premium tax revenues will be allocated to the Share Plan until the Police Officers' Retirement System is fully funded . It is our understanding that the purpose of this ordinance is to conform with IRS regulations and recent changes in Florida Statutes, and/or to clarify the definitions above. We have determined that the plan provisions in the ordinance would have no significant measurable cost effect to the plan benefits. Please sign the Actuarial Impact Statement as the Plan Administrator and forward the original, and one copy, along with a copy of the ordinance to the address below. Please file the Actuarial Impact statement prior to the second reading. Division of Retirement Bureau of Local Retirement Systems Post Office Box 9000 Tallahassee, Florida 32315-9000 If you should have any questions, please give us a call. Sincerely, Piotr Krekora, ASA, MAAA Consultant & Actuary Enclosure cc: Mr. Scott R. Christiansen Gabriel Roeder Smith & Company Agenda Item 7C April 10, 2017 ORDINANCE NO. 58-17-41 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-261, DEFINITIONS; AMENDING SECTION 2-264, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 2-266, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; AMENDING SECTION 2-275, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 2- 284, PRIOR GOVERNMENT SERVICE; AMENDING SECTION 2-285, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 2-286, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, ofthe Code of Ordinances ofthe City of Atlantic Beach, is hereby amended by amending Section 2-261, Definitions, to amend the definitions of"Credited Service", "Effective Date", and "Spouse", to read as follows: * * * * * 0-edited Service means the total number of years and fractional pmis of years of service as a general employee with member contributions, when required, omitting intervening yem·s or fractional pmis of years when such member was not employed by the city as a general employee. If a vested member leaves the employ of the city, his accumulated contributions will be returned only upon his written request. If a member who is not vested is not reemployed as a general employee with the city within five (5) years, his accumulated contributions, if one thousand dollars ($1,000.00) or less, shall be returned. If a member who is not vested is not reemployed within five (5) years, his accumulated contributions, if more than one-thousand dollm·s ($1,000.00), will be returned only upon the w1itten request of the member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the board. Upon return of a member's accumulated contributions, all of his rights and benefits under the system are fmfeited and terminated. The years or pmis of a yem· that a member pelfmms "Qualified Military Service" consisting of voluntary or involuntary "service in the unifmmed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353), after separation from employment as a general employee to pelform training or service, shall be added to his years of credited service for all purposes, including vesting, provided that: (1) The member is entitled to reemployment under the provisions of USERRA. (2) The member returns to his employment as a general employee within the time frame as allowed by USERRA following the earlier of the date of his military discharge or his release from service, unless otherwise required by USERRA. Agenda Item 7C April 10, 2017 employment as a general employee to perform training or service, shall be added to his years of credited service for all pmposes, including vesting, provided that: (1) The member is entitled to reemployment tmder the provisions ofUSERRA. (2) The member retmns to his employment as a general employee witbin the time frame as allowed by USERRA following the earlier of the date of his military discharge or his release from service, tmless othe1wise required by USERRA. (3) The member deposits into the :fimd the same Slll11 that the member would have contributed, if any, if he had remained a general employee dming his absence. The maxinrum credit for military service pmsuant to this subdivision shall be five (5) years. The member must deposit all missed conh1butions witbin a period equal to three times the period of military service, but not more than five (5) years, following re-employment or he will forfeit the right to receive credited service for his military service pmsuant to this paragraph. (4) This paragraph is intended to satiszy the minimlll11 requirements ofUSERRA. To the extent that this paragraph does not meet the mininrum standards of USERRA, as it may be amended from time to time, the minimlll11 standards shall apply. In the event a member dies on or after January 1, 2007, while performing USERRA Qualified Militmy Service, the beneficiaries of the member are entitled to any benefits (other than benefit accmals relating to the period of qualified military service) as if the member had resumed employment and then died while employed. Beginning January 1, 2009, to the extent required by IRC section 414(u)(12), an individual receiving differential wage payments (as defined under IRC section 3401(h)(2)) fi·om an employer shall be tr·eated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under IRC section 415( c). This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. Leave conversions of unused accrued paid time off shall not be pennitted to be applied toward the accrual of credited service either during each plan year of a member's employn1ent with the Citv or in the plan year in which the member terminates employment. Effective date means the date on which this otdinanee becomes effueti:ve June 10,2013. * * * * * Spouse means the lawful wifu 01 husband of a membet ottetiree member's or retiree's spouse under applicable law at the tin1e benefits become payable. * * * * * SECTION 2: That Chapter 2, Administr·ation, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-264, Finances and Fund Management, subsection (f)(2)c., to read as follows: (f)(2) c. * * * * * In addition, the board may, upon recommendation by the board's inveshrent consultant, make investments in group trusts meeting the requirements of Intemal Revenue Service Revenue Ruling 81-1 00,_ and Revenue Ruling 2011- -2- Agenda Item 7C April 10, 2017 1, IRS Notice 2012-6 and Revenue Ruling 2014-24 or successor rulings or guidance of similar import, and operated or maintained exclusively for the commingling and collective investment of monies, provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under IRC section 401(a), individual retirement accounts that are exempt under IRC section 408(e), eligtble governmental plans that meet the requirements of IRC section 457(b), and governmental plans under IRC section 401(a)(24). For this purpose, a trust includes a custodial account or a separate tax fuvored account maintained by an insurance company that is treated as a trust under IRC section 401(f) or under IRC section 457(g)(3). While any portion of the assets of the fund are invested in such a group trust, such gt·oup trust is itself adopted as a part of the system or plan. .L Any collective or common group trust to which assets of the fund are transferred pursuant to subsection c. shall be adopted by the board as pmt of the plan by executing appromiate participation adoption agreements, and/or trust agreements with the group trust's trustee. 2. The separate account maintained by the group trust for the plan pmsuant to subsection c. shall not be used for, or diverted to, any purpose other than for the exclusive benefit of the members and beneficiaries of the plan. 3. For purposes of valuation the value of the separate account maintained by the group trust for the plan shall be the fun: market value of the portion of the group trust held for the plan determined in accordance with generally recognized valuation procedmes. * * * * * SECTION 3: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-266, Benefit Amounts and Eligtbility, subsection (a), Normal Retirement Date, to read as follows: * * * * * (a) Normal retirement age and date. A member's normalret:itement date shaH be the first day of the month eoineident with; 01 next foHowing the atta:itmJent of age sixty (60) and the completion of five (5) years of credited service. A member may ret:ite on his normal ret:itement date ot on the first day of any month thereafter, and eaeh member shaH become one htmdred percent (1 00%) vested in his aeemed benefit on the member's nmmal retiternent date. Normaltet:itemen:t under the system is ret:itement fiom employment with the City on or after the normal retirement date. A member's normal retirement age is the attainment of age sixty (60) and the completion of five (5) years of credited service. Each member shall become one hundred percent (100%) vested in his accmed benefit at normal retirement age. A member's nonml retirement date shall be the first day of the month coi11cident with or next following the date the member retires from the City after attaining normal retn·ement age. * * * * * SECTION 4: That Chapter 2, Administration, Alticle VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-274, Maxinlurn Pension, subsections (h), (1)(2), and by adding subsection (m), to read as follows: -3- Agenda Item 7C April 10, 2017 * * * * * (h) Ten Thousand Dollar ($10,000) Limit; Less Than Ten Years of Service. Notwithstanding anything in this section 2-274, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in this subsection (h) of section 2-274 if the benefits payable, with respect to such member under this system and under all other qualified defined benefit pension plans to which the City contnbutes, do not exceed ten thousand dollars ($10,000) for the applicable limitation year and or for any prior limitation yearl. and the City has not at any time maintained a qualified defined contribution plan in which the member participated; provided, however, that if the member has completed less than ten (1 0) years of credited service with the City, the limit under tllis subsection (h) of section 2-274 shall be a reduced limit equal to ten thousand dollars ($10,000) multiplied by a fraction, the numerator ofwhich is the number of the member's years of credited service and the denominator of which is ten (1 0). * * * * * (1)(2) No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 6T 1223, Title 10, U.S. Code. {!!!) Effect o(Direct Rollover on 415(b) Limit. Ifthe plan accepts a direct rollover of an employee's or former employee's benefit fium a defined contnbution plan qualified under Code Section 401(a) which is maintained by the employer, any annuity resulting from the rollover amount that is determined using a more fuvorable actuarial basis than required under Code Section 417(e) shall be included in the annual benefit for purposes ofthe limit under Code Section 415(b). SECTION 5: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-275, Minimum Distnbution of Benefits, subsection (b)(2)d., to read as follows: * * * * * d. If the member's surviving spouse is the member's sole designated beneficiary and the surviving spouse dies after the member but before distnbutions to the surviving spouse begin, this subsection (b )(2), other than subsection (b )(2)a., will apply as if the sruviving spouse were the member. For pmposes of this subsection (b )(2). and subsection (e), distributions are considered to begin on the member's required beginning date or, if subsection (b )(2)d. applies, the date of distributions are required to begin to the surviving spouse under subsection (b )(2)a. If annuity payments irrevocably commence to the member before the member's required beginning date (or to the member's surviving spouse before the date distnbutions are required to begin to the sruviving spouse tmder subsection (b )(2)a.) the date distnbutions are considered to begin is the date distributions actually commence. * * * * * -4- Agenda Item 7C April 10, 2017 SECTION 6: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-284, Prior Government Service, subsection (5), to read as follows: * * * * * (5) In no event, however, may credited service be purchased pmsuant to this Section for prior service with any other governmental agency, if such prior service forms or will form the basis of a retirement benefit or pension from a different employers' retirement system or plan as set forth in Section 2-274, subsection {k7(27 .cllil). * * * * * SECTION 7: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-285, Reemployment After Retirement, to read as follows: Sec. 2-285. Reemployment after retirement. (a) Any retiree who is retired under this system, except for disability retirement as previously provided for, may be reemployed by any public or private employer, except the city, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under tllis system Reemployment by the city shall be subject to the limitations set forth in this section (b) After nonnal retirement. Any retiree who is retired under normal retirement pmsuant to this system and who is reemployed by the city after that retirement shall be ineligible to participate in this system and shall, dming the period of such reemployment, continue to receive retirement benefits previously earned if he is at least age sixty-two (62), otherwise the system shall discontinue receipt ofbenefits until he reaches age sixty-two ( 62) or terminates employment. (c) After early retirement. Any retiree who is retired under early retirement pmsuant to this system and who subsequently becomes an employee of the city in any capacity shall be ineligible to pmticipate in this system and shall discontinue receipt of benefits from the system Pension benefit payments shall be suspended for the period of any such reemployment, but shall be restored upon the earlier of tennination of employment or such time as the reemployed retiree reaches the date that he l'vould have been eligible fur nonml retirement tmder this system had he eontinned employmer1t and not elected eatly retitement age sixty-two (62). Retirement pmsuant to an early retirement incentive program shall be deemed early retirement for purposes of this section if the member was permitted to retire prior to the customary retirement date provided for in the system at the time of retirement. (d) Reemployment of terminated vested persons. Reemployed tem1inated vested persons shall not be subject to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early retirees for purposes of applying the provisions of this section and their status as an early or normal retiree shall be determined by the date they elect to begin to receive their benefit. (e) DROP participants. Members or retirees who are or were in the deferred retirement option plan shall, following termination of employment after DROP participation shall be subject to the above restrictions. -5- Agenda Item 7C April 10, 2017 SECTION 8: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-286, Deferred Retirement Option Plan, to read as follows: Sec. 2-286. Deferred retirement option plan. (a) Definitions. As used in this Section 2-286, the following definitions apply: (1) ''DROP" --The City of Atlantic Beach General Employees' Retirement System Deferred Retirement Option Plan (2) ''DROP Accmmt" --The account established for each DROP participant under subsection (c). ill "Total return of the assets"--For purposes of calculating earnings on a member's DROP account pursuant to subsection (c)(2)b., for each fiscal year quarter, the percentage increase (or decrease) in the interest and dividends earned on investments, including realized and unrealized gains (or losses), of the total Plan assets. (b) Participation. (1) Eligibility to Participate. In lieu of terminating his employment as a general employee, any member who is eligtble for normal or early retirement under the system may elect to defer receipt of such service retirement pension and to participate in the DROP. (2) Election to Participate. A member's election to participate in the DROP must be made in wtiting in a time and manner determined by the board and shall be effective on the first day of the first calendar month which is at least fifteen (15) business days after it is received by the board. (3) Period of Participation. A member who elects to participate in the DROP under subsection (b )(2), shall participate in the DROP for a period not to exceed sixty (60) months beginning at the time his election to participate in the DROP first becomes effective. An election to participate in the DROP shall constitute an irrevocable election to resign from the service of the City not later than the date provided for in the previous sentence. A member may participate only once. (4) Tennination of Participation. a. A member's participation in the DROP shall cease at the earlier of 1. the end of his pem1issible period of participation in the DROP as determined under subsection (b )(3); or 2. termination ofhis employment as a general employee. b. Upon the member's termination of participation in the DROP, pursuant to subsection a.l. above, all amounts provided for in subsection (c)(2), including monthly benefits and investment eamings and losses, shall cease to be transferred from the system to his DROP Account. Any amounts remaining in 11is DROP Account shall be paid to him in accordance with the provisions of subsection (d) when he temrinates employment as a general employee. -6- Agenda Item 7C April 10, 2017 c. A member who terminates his participation in the DROP under this subsection (b)( 4) shall not be permitted to again become a participant in the DROP. (5) Effect of DROP Participation on the System. a. A member's credited service and his accrued benefit under the system shall be determined on the date his election to participate in the DROP first becomes effective. For purposes of determining the accrued benefit, the member's salary for the purposes of calculating his average final compensation shall include an amount equal to any lump sum payments which would have been paid to the member and included as salary as defined herein, had the member retired under normal or early retirement and not elected DROP participation. Member contributions attnbutable to any lump sums used in the benefit calculation and not actually received by the member shall be deducted from the first payments to the member's DROP Account. The member shall not accrue any additional credited service or any additional benefits under the system (except for any additional benefits provided under any cost-of-living adjustment for retirees in the system) while he is a participant in the DROP. After a member commences participation, he shall not be permitted to again contnbute to the system nor shall he be eligtble for disability or pre-retirement death benefits, except as provided for in Section 2-285, Reemployment After Retirement. b. No ammmts shall be paid to a member from the system while the member is a participant in the DROP. Unless otherwise specified in the system, if a member's participation in the DROP is terminated other than by terminating his employment as a general employee, no amounts shall be paid to him from the system until he terminates his employment as a general employee. Unless otherwise specified in the system, amounts transferred from the system to the member's DROP Account shall be paid directly to the member only on the termination ofhis employment as a general employee. (c) Funding. (1) Establishment of DROP Account. A DROP Account shall be established for each member participating in the DROP. A member's DROP Account shall consist of amounts transfened to the DROP under subsection (c)(2), and eamings or losses on those amounts. (2) Transfers From Retirement System. a. As of the first day of each month of a member's period of participation in the DROP, the monthly retirement benefit he would have received under the system had he terminated his employment as a general employee and elected to receive monthly benefit payments theretmder shall be transfened to his DROP Account, except as othetwise provided for in subsection (b)(4)b. A member's period of participation in the DROP shall be determined in accordance with the provisions of subsections (b)(3) and (b)(4), but in no event shall it continue past the date he terminates his employment as a general employee. b. Except as otherwise provided in subsection (b)(4)b., a member's DROP Account under this subsection (c)(2) shall be debited or credited aftet eaeh fiscal yeat qtmrtet with eamings, to be credited or debited to the member's -7- Agenda Item 7C April 10, 2017 DROP account, determined as of the last business day of each fiscal year quarter and debited or credited as of such date, determined as follows: The average daily balance in a member's DROP Account shall be credited or debited at a rate equal to the net investment return realized by the system for that quarter. "Net investment return" for the purpose ofthis paragraph is the total return of the assets in which the Member's DROP Account is invested by the board net of brokerage commissions, transaction costs and management fees. For purposes of calculating earnings on a member's DROP account pursuant to this subsection (c)(2)b., brokerage commissions, transaction costs, and management fees shall be determined for each quarter by the investment consultant pursuant to contracts with fimd managers as reported in the custodial statement. The investment consultant shall report these quarterly contractual fees to the board. The investment consultant shall also report the net investment return for each manager and the net investment return for the total plan assets. c. A member's DROP Account shall only be credited or debited with earnings or losses and monthly benefits while the member is a participant in the DROP. A member's final DROP account value for distnbution to the member upon termination ofparticipation in the DROP shall be the value of the account at the end of the quarter immediately preceding termination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter and prior to distnbution If a Member mils to terminate employment after participating in the DROP for the permissible period of DROP participation, then beginning with the member's first month of employment following the last month of the permissible period of DROP participation, the member's DROP Account will no longer be credited or debited with earnings or losses, nor will monthly benefits be transferred to the DROP account. All such non-transferred amounts shall be fmfeited and continue to be forfeited while the member is employed by the City. A member employed by the City after the permissible period of DROP participation will still not be eligtble for pre-retirement death and disability benefits, and will not accrue additional Credited Service except as provided for in Section Z=Z-8-6 2-285, Reemployment After Retirement. (d) Distribution of DROP Accounts on Termination of Employment. (1) Eligibility for Benefits. A member shall receive the balance in his DROP Account in accordance with the provisions of this subsection (d) upon his termination of employment as a general employee. Except as provided in subsection (d)(5), no amounts shall be paid to a member fi·om the DROP prior to his termination of employment as a general employee. (2) Form of Distribution. a. Unless the member elects otherwise, distribution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set fmih in subsection (d)(6). Elections under this paragraph shall be in writing and shall be made in such tin1e or matmer as the board shall detennine. b. Notwithstanding the preceding, if a member dies before his benefit is paid, his DROP Account shall be paid to his beneficimy in such optional form as his beneficiary may select. Ifno beneficimy desigt1ation is made, the DROP Account shall be distributed to the member's estate. -8- Agenda Item 7C April 10, 2017 (3) Date of Payment of Distribution. Except as otheiWise provided in this subsection (d), distribution of a member's DROP Account shall be made as soon as administratively practicable following the member's termination of employment. Distnbution of the amount in a member's DROP account will not be made unless the member completes a written request for distribution and a written election, on forms designated by the board, to either receive a cash lump sum or a rollover of the lump sum amount. (4) Proof of Death and Right of Beneficiary or Other Person. The board may require and rely upon such proof of death and such evidence of the right of any beneficiary or other person to receive the value of a deceased member's DROP Account as the board may deem proper and its determination of the right of that beneficiary or other person to receive payment shall be conclusive. (5) Distribution Limitation. Notwithstanding any other provision of subsection (d), all distributions from the DROP shall conform to the ''Minimum Distribution Of Benefits" provisions as provided for herein. (6) Direct Rollover of Certain Distributions. This subsection applies to distnbutions made on or after Janumy 1, 2002. Notwithstanding any provision of the DROP to the contrary, a distributee may elect to have any portion of an eligible rollover distribution paid in a direct rollover as otheiWise provided under the System in Section 2-281. (e) Administration of DROP. (1) Board Administers the DROP. The general administration of the DROP, the responsibility for canying out the provisions of the DROP and the responsibility of overseeing the investment of the DROP's assets shall be placed in the board. The members of the board may appoint from their number such subcommittees with such powers as they shall detemline; may adopt such administrative procedures and regulations as they deem desirable for the conduct of their affuirs; may authorize one or more of their nun1ber or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counseL employ agents and provide for such clericaL accounting, actuarial and consulting services as they may require in canying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as tmstee under any tmst agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on any question relating exclusively to hinlself (2) Individual Accounts, Records and Reports. The board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each member's DROP Account, and the board shall keep in convenient fmm such data as may be necessary for the valuation of the assets and liabilities of the DROP. The board shall prepare and distribute to members participating in the DROP and other individuals or file with the appropriate govemmental agencies, as the case may be, all necessary descriptions, reports, information retums, and data required to be distributed or filed for the DROP pursuant to the IRC and any other applicable laws. (3) Establishment of Rules. Subject to the limitations of the DROP, the board fi·om time to tin1e shall establish rules for the administration of the DROP and the transaction of its business. The Board shall have discretionmy authority to constme and interpret the DROP (including but not limited to detemlination of an individuars eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The -9- Agenda Item 7C April 10, 2017 determination of the board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. (4) Limitation of Liability. a. The trustees shall not incur any liability individually or on behalf of any other individuals for any act or fuilure to act, made in good fuith in relation to the DROP or the fi.mds ofthe DROP. b. Neither the board nor any trustee ofthe board shall be responsible for any reports furnished by any expert retained or employed by the board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of cmmsel The board shall be fully protected with respect to any action taken or suffered by it in good fuith in reliance upon such expert, accountant, actuary or counsel, and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. (f) General Provisions. ill The DROP is not a separate retirement plan. Instead, it is a program tmder which a member who is eligtble for normal retirement under the system may elect to accrue future retirement benefits in the manner provided in this Section 2-286 for the remainder of his employment, rather than in the normal manner provided under the plan. Upon termination of employment, a member is entitled to a lump sum distribution ofhis or her DROP account balance or may elect a rollover. The DROP accmmt distribution is in addition to the member's monthlv benefit. ill Notional account. The DROP account established for such a member is a notional account, used only for the purpose of calculation of the DROP distribution amount. It is not a separate account in the system There is no change in the system's assets, and there is no distribution available to the member until the member's termination from the DROP. The member has no control over the investment of the DROP account. ill No employer discretion. The DROP benefit is determined pursuant to a specific formula which does not involve employer discretion. ill IRC limit. The DROP account distribution, along with other benefits payable from the system, is subject to limitation under Intemal Revenue Code Section 415(b ). (t 2_) Amendment of DROP. The DROP may be amended by an ordinance of the City at any time and from time to time, and ren·oactively if deemed necessmy or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as othe1wise provided by law, no amendment shall make it possible for any pmt of the DROP's funds to be used for, or dive1ted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP Account of any member. (Z. §.) Facility of Payment. If a member or other person entitled to a benefit under the DROP is tmable to care for his a:ffuirs because of illness or accident or is a minor, the board shall direct that any benefit due him shall be made only to a duly appointed legal representative. Any payment so made shall be a complete discharge of the liabilities of the DROP for that benefit. -10- Agenda Item 7C April 10, 2017 Information. Each member, beneficiary or other person entitled to a benefit, before any benefit shall be payable to him or on his accmmt llllder the DROP, shall file with the Board the infonmtion that it shall require to establish his rights and benefits llllder the DROP. Prevention of Escheat. Ifthe board cannot ascertain the whereabouts of any person to whom a payment is due llllder the DROP, the Board may, no earlier than three (3) years from the date such payment is due, mail a notice of such due and owing payment to the last known address of such person, as shown on the records of the board or the City. If such person has not made written claim therefor within three (3) months of the date of the mailing, the board may, if it so elects and upon receiving advice fi·om counsel to the system, direct that such payment and all remaining payments otherwise due such person be canceled on the records ofthe system Upon such cancellation, the system shall have no further liability therefor except that, in the event such person or his beneficiary later notifies the board of his whereabouts and requests the payment or payments due to him llllder the DROP, the amollllt so applied shall be paid to him in accordance with the provisions ofthe DROP. Written Elections, Notification. a. Any elections, notifications or designations made by a member pursuant to the provisions of the DROP shall be made in writing and filed with the board in a time and manner determined by the board llllder rules lllliformly applicable to all employees similarly situated. The board reserves the right to change from time to time the manner for making notifications, elections or designations by members llllder the DROP if it determines after due dehberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail b. Each member or retiree who has a DROP Accollllt shall be responsible for fiunishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a member or retiree herellllder shall be deemed given if directed to him at the last such address given to the board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is retumed, mailing of checks, advices and direct deposit of fimds will be suspended lllltil such tin1e as the member or retiree notifies the board of his address. (61Q) Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only fi·om the assets of the member's DROP Accollllt and neither the City nor the board shall have any duty or liability to fiunish the DROP with any fimds, securities or other assets except to the extent required by any applicable law. (7 ll) Construction. a. The DROP shall be constmed, regulated and administered llllder the laws of Florida, except where other applicable law conh·ols. b. The titles and headings of the subsections in this Section 2-286 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall conh·ol (8-12) Fmfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any fmfeiture provisions -11- Agenda Item 7C April 10, 2017 applicable to the system DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. (9 .ll) Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP pmticipants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. SECTION 9: Specific authority is hereby granted to codifY and incorporate this Ordinance in the existing Code of Ordinances of the City of Atlantic Beach. SECTION 10: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTI 0 N 11: If any section, subsection, sentence, clause, phrase of this ordinance, or the pa1ticular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 12: That this Ordinance shall become effective upon its adoption. PASSED ON FIRST READING, this ___ day of _____ , 2017. PASSED AND ADOPTED ON SECOND READING, this ______ ,2017. MAYOR ATTEST: CITY CLERK Approved as to form: CITY ATTORNEY dnvab/gen/Ol-12-17.ord -12- day of Agenda Item 7C April 10, 2017 GRS February 6, 2017 Gabriel Roed er Smith & Co mpan y Cons ultant s & Ac tuari es Mr. Russell Caffey Plan Administrator O ne Ea t Broward Blvd . Suite 505 Ft. La uderdal e, FL 3330 1-18 04 City of Atlantic Beach General Employees' Retirement System 800 Seminole Road Atlantic Beach, Florida 32233-5445 RE: City of Atlantic Beach General Employees' Retirement System Actuarial Impact Statement Dear Russell: 954.527 .16 16 phon e 954.525.0083 fax www.ga brirl ro cdc r.co m As requested by Scott Christiansen in his letter of May 2, 2016, please find enclosed an Actuarial Impact Statement for the proposed ordinance .(also enclosed). We have reviewed the proposed ordinance from an actuarial perspective. We were not requested to, nor did we review the ordinance from a legal or compliance perspective. The proposed ordinance would amend the City of Atlantic Beach General Employees' Retirement System as follows: • Amend Section 2-261, Definitions , for IRC changes and requirements , to amend the definitions of: a . Actuarial Equivalent -to refer to the investment return used in the last actuarial valuation approved by the board and to specify the mmtality table unisex mix b. Credited Service -to clarify IRC regulations on leave conversions c. Effective Date -to clearly state the effective date of the plan d. Spouse -To clarify the definition in accordance with a recent US Supreme Court ruling • Amend Section 2-264 , Finances and Fund Management, to further incorporate recent IRC requirements with regard to investments in commingled funds. • Amend Section 2-266, Benefit amounts and eligibility, to clarify the Normal Retirement Date to include IRC required language regarding Normal Retirement Age and Normal Retirement Date. • Amend Section 2-274 , Maximum Pension , to comply with IRC changes. • Amend Section 2-275 , Minimum Distribution of Benefits, for a reference clarification in subsection (b )(2)d. • Amend Section 2-284, Prior Government Service, subsection (5), to correct a reference. • Amend Section 2-285, Reemployment After Retirement, to clearly reflect recent IRC guidance on the ability to continue to receive retirement benefits from the system upon reemployment after normal or early retirement. • Amend Section 2-286 , Deferred Retirement Option Plan , in accordance with recent direction from the IRS in connection with the issuance of several recent Favorable Determination Letters to i) clarify investment returns on DROP accounts, ii) clarify when earnings are calculated and paid, and iii) add several sections clarifying the DROP provisions as required by the IRS. Agenda Item 7C April 10, 2017 Mr. Russell Caffey February 6, 2017 Page 2 It is our understanding that the purpose of this ordinance is to conform with IRS regulations and/or to clarify the definitions above. We have determined that the plan provisions in the ordinance would have no significant measurable cost effect to the plan benefits. Please sign the Actuarial Impact Statement as the Plan Administrator and forward the original, and one copy, along with a copy of the ordinance to the address below. Please file the Actuarial Impact statement prior to the second reading. Division ofRetirement Bureau of Local Retirement Systems Post Office Box 9000 Tallahassee, Florida 32315-9000 If you should have any questions, please give us a call. Sincerely, Piotr Krekora, ASA, MAAA Consultant & Actuary Enclosure cc: Mr. Scott R . Christiansen Gabriel Roeder Smith & Company Agenda Item 8A April 10, 2017 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 17-UBEX-417 Public Hearing Request for a use-by-exception as permitted by Section 24-63, to allow an off-street parking lot as described by Section 24-162 for the businesses located at 619,625 and 645 Atlantic Boulevard in the Commercial General zoning district at 630 Sturdivant Avenue. Derek W . Reeves, Platmer /..A-- March 28, 2017 BACKGROUND: This use-by-exception was deferred at the request of the applicant by the Community Development Board at their March 21,2017 meeting to their next meeting on Aprill8, 2017. Public notices were mailed and the sign was posted on the property that included the April 10 , 2017 date of the Public Hearing to be held in front of the City Commission prior to the deferral of the item. As a result members of the audience may be expecting a Public Hearing at the Commission meeting onAprillO, 2017. It is recommended that the Commission open the Public Hearing for those that may attend the meeting with the hopes of speaking and then make a motion to continue the Public Hearing at the May 22 , 2017 regular Commission meeting. This will allow time for the Community Development Board to have their next meeting and for staff to prepare staff rep01ts for discussion of the item in front of Commission on May 8, 2017. BUDGET: None. RECOMMENDATION: To continue the Public Hearing for 17 -UBEX-417 on May 22, 2017. ATTACHMENTS: CDB staffrepott, 17-UBEX-417 application . REVIEWED BY CITY MANAGER: x,w:.. u r u.----f' Agenda Item 8A April 10, 2017 Parking Calculations Address 619 Atlantic Blvd. 625 Atlantic Blvd. 645 Atlantic Blvd. Use Retail Shopping Center Restaurant Square Feet/Seats 2050 sq. ft. 3118 sq. ft. 18 seats Min Required Parking 6 13 5 Max Allowed Parking 16 23 15 Provided Parking 10 11 5 Available Excess Parking 6 12 10 As seen in the table above, each property could be allowed to take on additional parking under the code. The addition of up to 13 spaces on the subject property that are available to all three properties would be consistent with code requirements. The adjoining properties and beyond to the south, east and west are in the CG zoning district. The nearest residential zoning is RG across the 50 foot right-of-way for Sturdivant Avenue. There is some residential uses to the east within CG that are separated by a 50 foot wide vacant lot. Trash service will be handled by the adjoining properties under same management. No sign age is proposed, other than what is required. Page 2 of 3 Agenda Item 8A April 10, 2017 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. 17-UBEX-417) to allow an off-street parking lot as described by Section 24-162 for the businesses located at 619, 625 and 645 Atlantic Boulevard within the Commercial General (CG) Zoning District and located at 630 Sturdivant Avenue provided: 1. Approval of this Use-by-Exception is consistentwith the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-162 in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-Exception (File No. 17-UBEX-417) to allow an off-street parking lot as described by Section 24-162 for the businesses located at 619, 625 and 645 Atlantic Boulevard within the Commercial General (CG) Zoning District and located at 630 Sturdivant Avenue provided: 1. Approval of this Use-by-Exception is not consistentwith the intent of the Comprehensive Plan. 2. Approval ofthis Use-by-Exception is notin compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-162 in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. Page 3 of 3 Agenda Item 9B April 10, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: City Manager Recruitment Update SUBMITTED BY: Kevin Hogencamp, Interim City Manager ~ DATE: March 30,2017 STRATEGIC PLAN LINK: None BACKGROUND: The Human Resources Department is spearheading the city manager recruitment process. Applications are due no later than Friday, April 7 . An update on the recruitment process will be presented at the April 10, 2017 City Commission meeting BUDGET: None RECOMMENDATION: None; information only ATTACHMENT: Announcement of the city manager job opening Agenda Item 9B April 10, 2017 -• :--·~ -· . 7, ~ .-.• , 1' • ... -. ., ... -~ • ··:a ~ --.. ----·-.# ' .... ~ ' .. • 11. ' ' .. ,. .. ·-... •. ·--~.. ..._ ~.. :-,._ t ... j "" 1 ....... ; ~ ... -.... • ~ I -. •• J ' -. .... • • .. ':"--.J ... 4 ~I .. • • ,. '"\ • t.. *"', ' . • ~ . ~ . .. . • i: .··;~·-· ·· · ·•,. •t-.r.-.~'""''!!Jt'l-;..; ·,...r,.,.-""~~"'-,..,~ ~·._.· .. _;• •' .. r > -' ' ' _. ~ 'J • I ,. ..-• ... '-\ • _.. I ."'-: 1 10 \ • •" ' -1 .. • •f, •' • :, ll • t'\ f viewpoint on pending administrative and legislative actions; • Meeting with representatives of agencies and outside entities to negotiate formal and informal agreements between the City, state, and county governments and private interests as issues arise; • Conferring with residents, taxpayers , businesses and other individuals , groups and outside agencies having an interest or potential interest in City affairs or concerns; • Providing staff support to boards; • Attending and patticipating in professional group meetings . Stay abreast of new trends and innovations in the field of public administration and management. The ideal candidate is a strongly committed individual and strong generalist local government professional who has a positive record of achievement and a history of building constructive working relationships internally and externally. This candidate should possess and demonstrate the following attributes: • Extensive experience reporting to a council, commission or board. • An ability to establish and maintain positive and cooperative working relationships with citizens, the Mayor and Commissioners, employees, businesses, the news media and other government agencies. Provide effective leadership to build and maintain a positive team environment. Take policy direction from the Commission and lead staff to achieve tangible results . Communicate effectively, verbally and in writing, with diverse groups . • Experience and ability to manage and oversee all City operations, including budgeting and finance, planning and land use, City utilities, public safety , emergency management, public works, human resources and all other City functions. Act as the City 's business agent in the sale of propetty and other matters relating to City contracts , permits and leases. 4 • Understanding and experience implementing the principles and best practices of human resources management including fostering a productive work environment that strives for excellence. • Demonstrated track record of proactive community engagement. • Dedication to the principles of public involvement and consensus-building among diverse community interests while ensuring tangible outcomes. • Demonsh·ated ability to navigate major conflicts on controversial community issues between diverse interests . • Experience in effectively working with elected commissions and boards , including fostering an environment of effective, honest and open communication. Judgment and ability to effectively keep Commissioners informed of issues related to the City. An ability to provide clear and complete information on policy options . • Demonstrated ability to facilitate effective community conversations on long-tetm economic and community development issues, particularly amid strong and varied opinions. • Strong negotiation and collaboration skills to work with a variety of area partners, including key public and private entities, on policy matters important to the City. • Significant experience in public management along with private-sector collaboration to enable effective suppmt of the business community and engagement in economic development. • A demonstrated ability in public and media relations including using the web and social media for communications and messaging. City of Atlantic Beach , Florida . Executive Search -City Manager Agenda Item 9B April 10, 2017 r-·· • ~ 1 ..., • ' ' "" -"'r'\..,...-T •. '•,.-. '., t_,.~~~.·~ ~ ~ ...... 7 ~ .... ' • ,. ,-1 -~~~ ,_,c· .... . ~~-"""' ~ "" • . "'''t' . . -.··· . ; • . . "" ---~ ~' '!.',J lie .... -• _ l : -0 _:· t: f.• .... _,-t(;."'·~ ', . 1 J!. filii; I '• -" ~ ',L:· , • • \ 0 _.;Jtl"., -4 - . :...;. -,.._ ' •• ' • .; . -J .. .\ ~ ~ ' 0 ,~ -• 't •" ' • I ''r~--r ~ .. ', ,., .. ~ ,......C"*!\6_),_,,t'r., .... " -.., .. ,' ,•·-•.•. "-4 .;.,_.,: • . ~~ •. ' . '7'·· ~ ..... - . ~~!--.• •. .. ... . .. ' . ' ... • ~ ...... • ' • r _'.-,'\, ~~. ,.a,)-~ '· ' , .. "(, ·~"~ ~ ··-·· '. ' ,If~.!',. Application and Selection Process To apply for this position, send a cover letter, resume, COAB application, salary history and five (5) work-related references no later than April 7, 2017, to Catherine Berry, Esq. Director of Human Resources City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 E-Mail: cberrv@coab .us Applications accepted by e-mail or US mail. Disclosure: All applications are subject to disclosure upon receipt under the Florida Public Records Act. Veteran's preference will be awarded under applicable Florida Law. The City of Atlantic Beach is an Equal Opportunity Employer (Women and Minorities are encouraged to apply). The City of Atlantic Beach is a tobacco free workplace . Candidates must affirm that they have not used tobacco products within the last year. City of Atlantic Beach Page 7 General Employment Application 01114 Agenda Item 9B April 10, 2017 ' •'J-.., ' 4 • • '• • -¥, ' -.. ·~ i.!:, --. ...y;:·~-,'1-1.{' •; •-"! A "0!' • ' • . .;. • -:""1.. ~ ~> .... • " ' ~ • ~ ; .. t. t, -.. . • ... ~ -.c;~· .. a,.; ~ ,~. " ::!,..,., , .. .., ,. . J ' r· .-·.!l,; ... -•'-'1-~ •• 4 y.,li.,•, • ~-'• ,•. ;"(...-,.! ._ ~1 '" ,... ;'It·" ....... f ,.t-~.. ,.,..._~ , -1 • \... • ~ ~ ......___ W.... ...... ' .• ~..,. • t ( ,.. , • 1 -~... I r • -·, -.... ..,.,..,, .. , • '• ~~.. • ........ '4, ' .. ,e-,.~ ".oi.W tl . -. , ... ',•·-:-~;,·;.;. •.-:-~~~: . . . ·.·. ..., .... "' . -. . . . ,.,. . ! ··""' ••• : . . . .\ . . ~ ............ . l. .. -.. -) :. .. ; ' ..... -... J.loolt --~ .. .... JOB DESCRIPTION 1. Are you able to perfmm all the essential job functions as listed on the job description? ( ) Yes ( ) No 2 . If no , list those that you are unable to perform: _________________________ _ 3. Are there any accommodations that could be made which would allow you to perform the essential functions listed above? ( ) Yes ( ) No Ifyes, please indicate : ___________________ _ City of Atlantic Beach Page 11 General Employment Application 01 /14 Agenda Item 9B April 10, 2017 ,.. • r • ........, -= -1 ~ fll'f-r-.-1 1 -..; ..... ~ f • ~~ ' ) ' I • • ~ ;. ""'r'. ~! -...~-... -1~ 't" P '"·~,1 4,.._, ,•• ·~ ......... ~~~~~~~~ -~ ~ . -t . . • •. -,.~.. . . . " ~~~ ~I : • • ' ~ •• J -~~·.... • • • .,..,~ • ...... • • c. , '.'":'.4 ..., ... ~-· .. . ..... ~ r -6 -~··. • '• ( ,.--.. ~· • ~.,.wt~, .. · i-~"'''" ~--,-.... · -: .,•.-. } -v ·' .·;....J, ."u~.-~. ·~··· .. ··· .. : • .. ~ ... ·~<·~··' '. . . ._..: .. , ... ,." '"'·•':::-J\.~· •":Jt>"'," · ...... ~.· If t::· -···' .•. • ' .. ' • • -~ ........ _..._ ........ ~ • •• ·~-.·~._ .. • • • • ..a~ • .. ·~ APPLICANT'S STATEMENT Note: Applicant will not be hired until the applicant has completed and signed as required below. I certify that the foregoing answers are true and conect to the best of my knowledge. I hereby authorize the investigation of all statements contained in this application, to interview the references and previous employers listed in this application, to conduct a record check on my background to include but not be limited to the following: criminal and driving check, employment and performance records and education records, and the release of all, and any, records or other infonnation requested by the City of Atlantic Beach or its authorized representative. I authorize the references, current and previous employers, any school or other educational institution, or public agency to give the City all facts, opinions and evaluations conceming my previous employment and any other information they may have, personal or otherwise, and I hereby release all such parties from any liability which may allegedly arise from furnishing such information to the City, including, but not limited to, any liability for defamation or invasion of privacy . I understand that any false or misleading information or omission of facts requested in this application or interview may remove me from further consideration for employment. In addition, if employed, any false or misleading statement or omission of fact called for in this application may be cause for subsequent dismissal at any time without any previous notice. I understand that this application is completed for the position indicated on the front page and that it will be necessary to reapply for other positions when they become available. I understand that no supervisor or other representative of the City other than the City Manager has any authority to enter into any agreement for employment for any specified period of time, or to make any agreement. I understand and voluntarily agree as a condition of employment, or continued employment, that I may be requested by the City to submit to a urinalysis or other drug screen test and that my failure to take such test(s) when requested to do so or unsatisfactory test results will disqualifY me from consideration for employment, or if I am then employed, may result in my immediate dismissal. If employed by the City of Atlantic Beach, I agree to abide by its policies, rules and regulations. I understand and agree that my employment is at-will, and therefore, my employment and compensation can terminate, with or without cause, at any time, at my option or the option of the City of Atlantic Beach. I further understand and agree that this at-will employment relationship will remain in effect throughout my employment with the City of Atlantic Beach, unless it is modified by a specific written employment contract for a special duration which is signed by the City Manager and me. This at-will employment relationship may not be modified by any oral or implied agreement. I certify that I have read, understand, and agree with the above. Applicant's Signature Date City of Atlantic Beach Page 12 General Employment Application 01/14 Agenda Item 9C April 10, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 90-Day Calendar for the Mayor and Commission SUBMITTED BY: Yvonne Calverley, Executive Assistant to the City Manager DATE: March 24, 2017 STRATEGIC PLAN LINK: None BACKGROUND: The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special notes: • A Town Hall Meeting is scheduled for 10 am on Saturday, April22nd at the Jordan Park Community Center. • Northeast Florida League of Cities Dinner, hosted by the beach cities, will be held at 6 :30pm on Thursday, May 18th. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for April through June 2017 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (April through June 2017) CITY MANAGER: X.;~~~ Agenda Item 9C April 10, 2017 MAYOR AND COMMISSION April2017 Sl':\:D .\ Y :'IIO~D .\Y TUESD.\Y \\"1 :D~ ESD. \ Y Tl IL'RSD . \ Y FRID .\Y S.\TL'RD .\ \' 1 2 3 4 5 6 7 N ewsletter Due 8 (Hill) Due Date for 4/24 Agenda Items 9 10 11 12 13 14 15 Egg Hunt Commissio n Mtg Shakespeare in the 10 am-I pro 6:3 0pm Park-8pm Jordan Park (Invoc-W aters) Johansen Park Shakespeare in the Park8pm 16 17 18 19 20 21 22 T own Hall Mtg NEFLC Dim1er Due Date for 10 am-Noon (Keyst one H eight s) 5/8 Jordan Park Agenda Items Arts in the Park 10 am -5pm 23 24 25 26 27 28 29 Commission M tg 6 :3 0pm (Invoc- R eeve s) 30 Agenda Item 9C April 10, 2017 MAYOR AND COMMISSION May 2017 SL'0JD .\ Y ;\IOND.\ Y TUESD.\Y \\'F D~ESD .\Y THL'RSD .\Y FRID .\Y S.\TURD.\Y 1 2 3 4 5 6 Due Date for 5/22 Agenda Items 7 8 9 10 11 12 13 Commission Mtg 6:30pm Newsletter Due (Invoc -Stinson) (Harding) 14 15 16 17 18 19 20 NEFLC Dinner Dancin' in the (Beaches) Streets 11 am-9:30pm Town Center 21 22 23 24 25 26 27 Commission Mtg Due Date for 6:30pm 6/12 (Invoc-Hill) Agenda I terns 28 29 30 31 Memorial Day City Offices Closed Agenda Item 9C April 10, 2017 MAYOR AND COMMISSION June 2017 SL1l\iD .\ Y i\IO N D .\ Y H JESD .\Y \\.E D:--.:E SD .\ Y Tlfl1RSD .\Y FRID .\ Y S.\TURD .\Y 1 2 3 4 5 6 7 8 9 10 Due Date for Newsletter Due 6/26 (Mayor) Agenda Items 11 12 13 14 15 16 17 Commission Mtg 6 :30pm ' (Invoc -Harding) 18 19 20 21 22 23 24 Due Date for 7 /10 Agenda Items 25 26 27 28 29 30 Commission Mtg 6 :30pm (Invoc-Waters)