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09-13-21 Regular City Commission Final Agenda City of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, September 13, 2021 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1 APPROVAL OF MINUTES 1A. Approve minutes of the Town Hall meeting held on April 10, 2021. DRAFT minutes of 4-10-21 Town Hall 5 - 8 2 COURTESY OF FLOOR TO VISITORS 2A. Knights of Columbus Council 14866 presentation of Coats to Kids to The City of Atlantic Beach Police Department. PUBLIC COMMENT 3 CITY MANAGER REPORTS 3A. Accept the 90-Day Calendar 90-Day Calendar 9 - 12 3B. Letter of Re-election to the Board of Directors of the Florida League of Mayors. Re-election Letter 13 3C. August Financial Report Information * 3D. 0 Lily Street Site Plan 15 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4A. Constitution Week Proclamation (Mayor Glasser) Proclamation 17 4B. 20th Anniversary of 9-11 Proclamation (Mayor Glasser) Proclamation 19 4C. Mayor's Special Advisory Committee (per Section 8, Charter) (Mayor Glasser) 4D. Special Pay (Mayor Glasser) Page 1 of 101 Regular City Commission - 13 Sep 2021 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA None. 7 COMMITTEE REPORTS 7A. New Appointment to the ESC (Commissioner Norris) BMRC Report 21 - 30 8 ACTION ON RESOLUTIONS 8A. Resolution No. 21-49 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE 2019-2022 COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION CONTRACT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT. Resolution No. 21-49 31 - 40 8B. Resolution No. 21-50 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC WORK DEPARTMENT TO PURCHASE A 2022 INTERNATIONAL CV515 SFA DUMP BOX TRUCK. Resolution No. 21-50 41 - 51 8C. Resolution No. 21-51 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO EXECUTE AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Resolution 21-51 53 - 79 9 ACTION ON ORDINANCES 9A. Public Hearing and First Reading on Adoption of Ordinance No. 20 -21-161, establishing the Operating Budget for Fiscal Year 2021/2022. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022. Ordinance 20-21-161 81 - 82 9B. ORDINANCE NO. 90-21-246, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF THOSE LANDS 83 - 95 Page 2 of 101 Regular City Commission - 13 Sep 2021 DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL LOW DENSITY (RL) AND RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL HIGH DENSITY (RH); PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 90-21-246 10 MISCELLANEOUS BUSINESS 10A. JTA/City of Atlantic Beach MOA - Transit Shelter Letter and MOA 97 - 101 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13 ADJOURNMENT This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, click on the Meeting Videos tab on the city's home page 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 Chamber. 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, Fl orida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office by 5:00 PM, the Thursday prior to the meeting. Page 3 of 101 Page 4 of 101 Town Hall April 10, 2021 MINUTES Town Hall Meeting Saturday, April 10, 2021 - 10:00 AM Gail Baker Community Center ATTENDANCE: Present: Ellen Glasser, Mayor - Seat 1 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5 Absent: Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner - Seat 3 Also Present: Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDD) Lori Diaz, Deputy City Clerk CALL TO ORDER Mayor Glasser called the meeting to order at 10:01 a.m. 1 TOPICS FOR DISCUSSION AND PUBLIC COMMENTS Tree Code Update PCDD Askew reviewed proposed amendments to Chapter 23 – Protection Trees. She spoke about the next steps of the review process and mentioned the goal of the First Reading for approval by the Commission would be in May. Jesse Dattilo asked about ribbons placed on trees. PCDD Askew explained the ribbons could be markings for many different reasons. They could be part of a tree survey being completed or a marking for trees to be taken down. Ms. Datillo asked how new property owners are informed about tree regulations. PCDD Askew explained when a new resident or customer comes in to establish utilities, information regarding the City is provided at that time. Once the Tree Code is complete, additional detailed information would be available. Jane Wytzka asked about details in the Ordinance regarding a current homeowner wanting to cut a tree down due to maintenance issues. PCDD Askew explained the details of the Ordinance. Matt Schrader talked about resilience provided by the tree canopy and asked about how it plays into the Ordinance. PCDD Askew explained information regarding resilience is part of the information in the Ordinance. Page 1 of 4 Agenda Item #1A. 13 Sep 2021 Page 5 of 101 Town Hall April 10, 2021 Steve Fouraker spoke about the information on the City’s website about tree cutting, planting, and maintenance being confusing and outdated. He asked about the website posting of active tree permits and was told the City could do a better job at keeping the information updated and would work on it. It was explained the ESC was created to assist the City with keeping tree permit information current and updated. Mr. Fouraker asked about fines for unpermitted tree mitigation. PCDD Askew explained the process of the fines. CM Corbin and CA Durden expressed concerns about including additional procedures of enforcement to the Ordinance. It was explained if more procedures keep being added, it will take longer for COAB to pass the Tree Ordinance. Darlene Lawrence expressed concern about limbs from a tree hanging over from a vacant lot next to her property. PCDD Askew explained the procedures for addressing concerns about the tree. A conversation ensued regarding the rights and procedures of taking down or trimming down a neighbor’s tree. A citizen asked about the process of removing a damaged or diseased tree. PCDD Askew responded there is no fee for removing an unsafe and unhealthy tree. Amy Palmer suggested reviewing language from Alachua County's new tree laws. She also mentioned how code versus code could create the disruption of trees on construction swales. PCDD responded by sighting the regulations of swales and how swales could affect trees. Lisa Goodrich inquired about the timeline for approval of the revised Tree Code. PCDD Askew explained the goal is to present the revised copy to the Commission in May for the first reading. Depending on how many changes are suggested by the Commission, the second reading could take place in June. ESC Outreach would be ready to start community outreach immediately upon Commission’s final approval. A citizen asked if staff is offering guidance to citizens about tree root damage as opposed to just taking down a tree. Also, if homeowners understand they could tie a heritage tree designation to their deed? PCDD Askew mentioned tree root damage is not part of the current Code? She explained people could voluntarily designate a heritage tree to their deed. Mayor Glassed explained her hope for this Commission to pass something that does not get repealed by the next Commission or preempted by the State. She mentioned the State Statute allows someone to obtain a letter from an arborist to remove the roots due to safety reasons. Connectivity PCDD Askew explained the Bicycle and Pedestrian Connectivity Plan is a subset of the Parks and Recreation Master Plan. She explained the purpose of the Connectivity Plan is to allow pedestrians to move throughout the City safely without driving. PCDD reviewed the highlights of the plan. A citizen mentioned the high volume of traffic and the busyness of the roads in COAB. PCDD Askew expressed that the purpose of the Connectivity Plan is geared towards connecting specific areas for a safe way for pedestrians to travel to the areas. Page 2 of 4 Agenda Item #1A. 13 Sep 2021 Page 6 of 101 Town Hall April 10, 2021 A citizen asked if the location have been prioritized for the plan. PCDD responded no priority has been set for locations within the plan. It was explained when roads are repaved or realigned as part of the Complete Streets program, plans would be reviewed to determine if a connectivity option is available to work in the two plans together. Latrenia Thomas asked for improvement on Dutton Island Road to help control the speeding of cars and improve the area's safety. Mayor Glasser suggested monitoring speed and possibly include a traffic calming light for the area suggested. PCDD Askew explained, with the Complete Streets program, working with the Connectivity Plan would help with traffic calming options. Matt Schrader expressed his gratitude for the Connectivity Plan and is thankful for allowing community suggestions. He expressed his opinion on additional options for connectivity, and it was recommended by Mayor Glasser to send an email with his suggestions. Mayor Glasser mentioned people reached out to her regarding the following topics and suggestions: • Cut through at 11th on Seminole Road • Speed study was done near Jack Russel Park and could possibly add a bike lane • Ahern Street connection to Town Center • Additional crossing at Howell Park A citizen asked if it was possible to open the end of Seminole Road to access Hanna Park. Mayor Glasser replied there is no plan to open the road to access the park due to an easement on the COJ side of the road. However, she mentioned the upcoming Connectivity Plan would allow safer access to parks. She also mentioned the possibility of a new pocket park and bike park may be added, including a possible gate on the SW corner of Hanna Park. A citizen asked for more information regarding the East Coast Greenway. PCDD Askew explained it is a street path connection for bicycles and pedestrians from Key West to Maine. The path passes through Mayport Road. She stated within the next few years, COAB would be getting additional funding for wider sidewalks for the Greenway. CM Corbin briefly explained the history of COAB being added to the East Cast Greenway. A citizen spoke about high hedges on Sherry Drive and the need for maintenance. Mayor Glasser responded, asking CM Corbin to reach out to the contractor to address the issue. A citizen spoke about the importance of tree shade and this being a great opportunity to implement the Tree Master Plan with the Connectivity Plan to add trees and shade to the City. 2 PUBLIC COMMENTS - OPEN TOPIC A citizen asked about the expansion of the Gail Baker Community Center. Mayor Glasser explained possible reallocation of funds from COJ, and if approved, the funds may be used for doubling the size of the Gail Baker Community Center and the rebuild of the Lifeguard station. Page 3 of 4 Agenda Item #1A. 13 Sep 2021 Page 7 of 101 Town Hall April 10, 2021 A citizen promoted awareness for Earth Day. Commissioner Kelly expressed her support for the topics discussed. Commissioner Norris expressed her support of the Connectivity Plan and Tree Ordinances and thanked the community for attending and expressing their opinions. A citizen expressed her frustrations about the lack of community attendance at the City meetings. She spoke about people not wanting to attend meetings but will still complain about projects and issues within the community. She asked if there were any additional ways to promote better attendance at the meetings. The Mayor and Commissioners agreed and stated attendance is an issue. A conversation ensued regarding the frustration of lack of attendance and different options to invite people to attend meetings. Amy Palmer suggested adding incentives in the Tree Code to make it more appealing for citizens and residents to keep trees instead of removing them. ADJOURNMENT Mayor Glasser adjourned the meeting at 11:28 a.m. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor Date Approved: _____________________ Page 4 of 4 Agenda Item #1A. 13 Sep 2021 Page 8 of 101 CITY OF ATLANTIC BEACH CITY COMMISSION KVIEETING STAFF REPORT AGENDA ITE]\/I:90-Day Calendar for the X\/layol‘and Cornrnission SUBIVIITTED BY:Yvonne Calverley,Executive Assistant to the City Ma I1a gEl ‘ TODAY’S DATE:August 30,2021 l\/IEETING DATE:September 13,2021 BACKGROUND:The 90-day calendar is included on the agenda for the pu rp os e ofsetting meeting dates and determining the location,time and wh eth er to videotape special meetings and workshops. The rolling 90-day calendar will be revised after receiving inpu t frorn City staff and the Commission,and will be included in agendafor consideration. Sgecial Notes: -A Tovvn Hall I\/Ieeling is tentatively scheduled for Saturd ay, October16 at the Jordan Park Community Center from 10 arn to BUDGET:None RECOMMENDATION:Approve the 90-Day Calendar for September through N o ve m be r 2021. ATTACHIVIENT:l)l\/layer and Commission 90~Day Calendar (September thr ou gh November 202 l ) REVIEVVED BY CITY NIANAGER:Agenda Item #3A.13 Sep 2021Page 9 of 101 MAYOR AND COMIVIISSION Lu Code Enforcement Due Date for 9/13 special Ag°“d"‘Magistrate 2 pm 6 7 3 9 10 Labor Day ESC Meeting City Offices 6 pm Closed 13 14 15 ESC Outreach 16 17 Commission Mtg Subcommittee 6:30 pm CARAC Meeting 6:30 pm (lnvoc-Bole)6 pm Due Date for 9/27 Agenda 20 21 3 23 24 Community Development Board 6 pm 27 28 29 30 Commission Mtg 6:30 pm Due Dianefor10/11 genda(Invoc-Waters)Agenda Item #3A.13 Sep 2021Page 10 of 101 MAYOR AND COMMISSION October 2021 EDNES THURSDAY FRIDAY SATURDAY 1 2 3 4 5 5 7 8 9 10 11 12 13 ESC Meeting 14 15 16 Commission Mg 6 pm Town Hal1Mceling 5:30 pm 10 am to Noon D e Date fo (1“V°°'K°“”I 0|/asAoendra (Jordan Park) 1-e Tentative 1‘18 19 20 21 2'.‘23 Community ESC Outreach Development Subconunittee Board 6 pm 6:30 pm 14 25 26 27 28 29 30 Commission Mtg ESC LEED Subcommittee6:30 pm (Invoc—Norris)Meeting 11 am Due Date for 11/8 Agenda Agenda Item #3A.13 Sep 2021Page 11 of 101 SlJNl).l\l\lOi\.‘lI»\\ MAYOR AND COMMISSION '|"llE.\'l'):\\"\\El)NES|),\\'TH llRSD.\\ 4 Code Enforcement Special Magistrate Meeting -2pm FRI[>r\‘4' 8 Commission Meeting 6:30 pm (Invoc-Mayor) 10 ESC Meeting 6 pm Due Date for 11/22 Agenda 11 Veterans Day City Of?ces Closed 15 16 Community Development Board Mtg 6 pm 17 ESC Subcommittee Meeting 6:30 pm 18 Pension Board 6:30 pm 22 Commission Meeting 6:30 pm (Invoc-Bole) Z3 ESC LEED Subcommittee Meeting 11 am 25 City Offices Closed 26 City Offices Closed Agenda Item #3A.13 Sep 2021Page 12 of 101 /ll|\\ FLORIDA LEAGUE or ll/hwons.INC. August 24,2021 The Plonorable Ellen Cvlasser l\/Iayor,City ofAtlai1tic Beach 800 Seminole Road Atlailtic Beacll,FL 32233 Dear lvlayor Glasser: Congratulations on your re—eleclion to the Board ofDirectors ofthe Florida League of l\/Iayorsl Youhavebeen elected to ?ll a two-year term that will end August 2023. As always,I know we can count on you as we eominue to strive to make the Florida League l\/ lay ors an ilnportant voice in state and xnunicipal affairs. We will be scheduling upcorning events,as well as the next FLIVI Boa1'd of Directors l\/looting,inthenear future.Look for rnore details soon. Please feel free to call on us at any time.We sincerely look forward to working with you throug hout. yourtern) of of?cc. Sincerely, ce2w='%’* C.Scott Dudley FLIVI Executive Director e of :vn._y.;.—},-r-.0.?ux I757.'l'2uIl:«IuIs:e\-.FL 32302-1757 usu.z22.9ss4 .nu a5o.222.Jn«s -?nI(ri3?r|Ilcx.rom .vww\v.?l:rl<lxImnyurs.nr;:Agenda Item #3B.13 Sep 2021Page 13 of 101 Page 14 of 101 Agenda Item #3D.13 Sep 2021Page 15 of 101 Page 16 of 101 ??rntlamation of the Qllity of gtlantin:i?eath in Recogn ition of Constitution Week VVI-IEREAS,September 17,2021,marks the 234"“anniversary of the of the Constitution of the United States ofAmerica by the Constitutional Convention;and VVHEREAS,the Constitution of the United States of America,the guardia n ofour liberties,embodies the principles of limited government in a Republic dedicated torule by law;and WHEREAS,it is ?tting and proper to accord official recognition tothis magni?cent document and its anniversary,and to the patriotic celebrations will commemorate it;and WHEREAS,Public Law 915 guarantees the issuing of a proclamation e a c h year by the President of the United States of America designating Sept.17 throu gh 23as Constitution Week. NOVV,THEREFORE,1,Ellen Glasser,B/Iayor of the City of Atlantic Beach ,Florida,do hereby proclaim the week of September 17-23 as CONSTITUTION VVEEK and ask our citizens to reaffirrn the ideals the Fraxners of the Constitution had in 17 87 by vigilantly protecting the freedoms guaranteed to us through this guardian of our l i b e r t i e s . IN Vi/ITNESS VVHEREOF,I ha ve setmy hand and caused the Official ofthe City of Atlantic Beach to be a ff i x e d this 24th day of August,2021.Agenda Item #4A.13 Sep 2021Page 17 of 101 Page 18 of 101 ?rutiamattunsf the titty at Qtiantit ?ew) in Remembrance of the 20”’Anniversary of September 11,2001 WHEREAS,September 1 l,2021,will mark the 20“‘anniversaryofthe horri?c terrorist attacks on America;and WHEREAS,people of all ages and walks of life,across America and around the world,collectively witnessed an event of immense tragedy on September 11,2001;and WHEREAS,the events of that day instantly transformed nearly every American’s life,some through personal loss and many others through an unfamiliar sense of individual and national vulnerability;and WHEREAS,September 1 l,2001,will never,and should never,be just another day in the hearts and minds of all Americans;and WHEREAS,quite ?ttingly,many people will memorialize September 11,2001,by engaging in acts of community service,or other giving activities,as part of a solemn day of remembrance and tribute;and WHEREAS,we,the citizens of Atlantic Beach,Florida,join our fellow Americans in remembering the lives that were lost;honoring the heroic actions taken by our ?re?ghters,law enforcement of?cers,and ?rst responders;and thanking the members of our military for their continued service and sacri?ce. NOW,THEREFORE,1,Ellen Glasser,Mayor of the City of Atlantic Beach,Florida,do hereby proclaim September 11,2021,as Remembrance Day in the City of Atlantic Beach and urge all citizens to take a moment to commemorate the lives we lost;acknowledge others who have safeguarded us and continue to protect our freedom;and do our part to continue to carry forward the ideals of liberty,equality and justice.We Will Never Forget. be af?xed this 11"‘day of September 2021.(L:/2/2‘/~'~~El'le‘rrGlasser,Mayor Agenda Item #4B.13 Sep 2021Page 19 of 101 Page 20 of 101 AGENDA ITEM: SUBMITTED BY: DATE: MEETING DATE: BACKGROUND : BUDGET: RECOMMENDATION: ATTACHMENTS: CITY COMMISSION MEETING STAFF REPORT New Appointment to the Environmental Stewardship Committee Donna L.Bartle,City Clerk September 1,2021 September 13,2021 At its August 31,2021 meeting,the Board Member Review Committee (BMRC)interviewed two candidates for the Environmental Stewardship Committee (ESC).Although there are two current vacancies,both candidates were only eligible for the At- Large Member Vacancy. The Board Member Review Committee unanimously approved recommending appointment of Christopher McHan to serve as the (position 6)At-Large Member on the Environmental Stewardship Committee. There is no budget impact. Appoint Christopher McHan to serve as the (#6 position)At-Large Member on the Environmental Stewardship Committee to ?ll the unexpired term ending December 31,2021. 1)Draft Minutes of the August 31,2021 BMRC meeting 2)ESC Membership List 3)Application of both candidates interviewed REVIEWED BY CITY MANAGER:Agenda Item #7A.13 Sep 2021Page 21 of 101 MINUTES Board Member Review Committee (BMRC)Meeting Tuesday,August 31,2021 -6:30 PM City Hall,Commission Chamber ROLL CALL: Present:Brittany Norris,Mayor Pro Tem /Commissioner -Seat 5 Stephen Ditamore,Committee Member Pamela White,Committee Member Mark Gabrynowicz,ESC Chair,District 1307 Member Absent:Kenneth Reeves,Committee Member Also Present:Donna Bartle,City Clerk (CC) CALL TO ORDER Commissioner Norris called the meeting to order at 6:30 p.m. 1.APPROVAL OF MINUTES A.Approve minutes of the Board Member Review Committee meeting held on July 29,2021. MOTION:Approved minutes of July 29,2021 as written. Motion:Stephen Ditamore Second:Pamela White Stephen Ditamore (Moved By)For Pamela White (Seconded By)For Brittany Norris For Motion passed 3 to 0. 2.INTERVIEW CANDIDATES FOR ENVIRONMENTAL STEWARDSHIP COMMITTEE MEMBERSHIP are vacancy.mentioned wanting to discuss district membership solutions.Commissioner Norris agreed todiscussthetopiclaterinthemeeting.Board Member Review Committee (BMRC)August 31,2021Page1of 3 Agenda Item #7A.13 Sep 2021Page 22 of 101 2.A.Christopher McHan The Committee interviewed Mr.McHan.He explained his personal accomplishments, experience,interests,and knowledge of our city government and answered questions from the Committee.The Committee offered the opportunity to ask questions and the Committee responded to those questions. Since there was extra time between the interviews,the Committee wanted to begin discussions about districting.Commissioner Norris requested a motion to move the item up. MOTION:Move Other Business up to address at this time. Motion:Pamela White Second:Stephen Ditamore Brittany Norris For Stephen Ditamore (Seconded By)For Pamela White (Moved By)For Mark Gabrynowicz For Motion passed 4 to 0. OTHER BUSINESS ESC Chair Gabrynowicz suggested moving a current At-Large member residing in District 1308 to the District 1308 Member position in order to free up an At-Large Member position.The Committee discussed the concept and expressed interest in determining whether it is possible and what the process would be. INTERVIEW CANDIDATES FOR ENVIRONMENTAL STEWARDSHIP COMMITTEE MEMBERSHIP (CONTINUED) B.Robert Hudson The Committee interviewed Mr.Hudson.He explained his personal accomplishments, experience,interests,and knowledge of our city government and answered questions from the Committee.The Committee offered the opportunity to ask questions and the Committee responded to those questions. were noDISCUSSCANDIDATES AND MAKE RECOMMENDATIONSTheCommitteediscussedbothcandidatesandcommentedonMr.Hudson's travel commitmentsandavailabilityformeetings.Board Member Review Committee (BMRC)August 31,202]Page 2 of 3 Agenda Item #7A.13 Sep 2021Page 23 of 101 MOTION:To recommend appointing Christopher McHan to the Environmental Stewardship Committee as the (#6 position)At-Large Member. Motion:Pamela White Second:Stephen Ditamore Brittany Norris For Stephen Ditamore (Seconded By)For Pamela White (Moved By)For Mark Gabrynowicz For Motion passed 4 to 0. 5.OTHER BUSINESS (CONTINUED) The Committee continued the discussion on ESC Chair Gabrynowicz's suggestion. Commissioner Norris explained her plan to discuss options with the city attorney,attend an ESC meeting for feedback on the idea,and follow up with the city clerk. ADJOURNMENT The meeting adjourned at 7:25 p.m. Attest: Donna L.Bartle,City Clerk Brittany Norris,Commissioner/Chair Date Approved: Board Member Review Committee (BMRC)August 31,2021Page3of 3 Agenda Item #7A.13 Sep 2021Page 24 of 101 CITY OF ATLANTIC BEACH Environmental Stewardship Committee Created by Ordinance No.5-17-64;Inaugural members by Resolution No.17-09. Amended by Ordinance No.5-18-67. 11 members;Inaugural terms:combination of 4-year terms —and 3-year terms.All terms change to 3-year terms following expiration of inaugural terms and have a 3 consecutive term limit.Meets in Commission Chamber 6:00 p.m.Second Wednesday of each month. REF #NAME&ADDRESS EXP.DATE POSITION PHONE /EMAIL 1 Bruce Andrews th 12/31/2021 904-465-2257 328 11,Street (15‘term)At Large Member bruce.andrews@comcast.net Atlantic Beach,FL 32233 Resident of District 1308 2 Amy Palmer 904-358-3600 x14 374 Plaza 12/31/2021 At Large Member 904-524-2706 Atlantic Beach,FL 32233 (1"term)akc1oyd@gmai1.com Resident of District 1306 3 Linda Chipper?eld 2371 Seminole Road 12/31/2024 At Lar 6 Member 417-861-2648 Atlantic Beach,FL 32233 (2nd term)g hembreechip2@gmail.com Resident of District 1307 4 Sarah Andrews Dark 1781 Sea Oats Drive 12/31/2021 At Large Member 904-465-7168 Atlantic Beach,FL 32233 (15‘term)sarah.andrews87@gmail.com Resident of District 1308 5 Mark Gabr nowicz .. 1907 sherryDrive N01'th 12/31/2024 D151”.1307 904-613-6901 Atlantic Beach,FL 32233 (2nd term)Cha”mgaby.73@gmail.com Resident of District 1307 6 Vacant 151/3At Large Member 7 Daniele Giovannucci 380 5“,Street 12/31/2024Vice Chair 215-460-8748 Atlantic Beach,FL 32233 and mm)At Large Member dg@thec0Sa'org Resident of District 1306 8 Romy Vann 427 Sargo Road 12/31/2021 At Large Member 904-673-2560 Atlantic Beach,FL 32233 (15‘term)romy@publictrust|aw.org Resident of 1312 9 Barbie Brooksher 12/31/2024 District 1312 678-776-1988 1126 Main Street (2nd term)Member Ba1'bieBrooksher@gmai1.com Atlantic Beach,FL 32233 10 Sarah Boren 388 8"‘Street 12/31/2024 District 1306 9t?4'535'°055 Atlantic Beach,FL 32233 (2nd term)Member 3 °r°“@m°'°°m Vacant 12/31/2024 D‘S‘“°t 1308MemberAmandaAskew,Community Staff Liaison 904-247-5841DevelopmentDirectoraaskew@coab.us..904-247-3550 HomeEa“da°.“Kelly C°m.".“SS‘°“904-859-4387 Cell0mm1ss1oner—Seat 4 Liaison ckel1y@coab.us Agenda Item #7A.13 Sep 2021Page 25 of 101 List of City Commissioners: Ellen Glasser Mayor —Seat 1 At Large Bruce Bole Commissioner Seat 2 District 1308 Michael “Mike”L.Waters Commissioner -Seat 3 District 1307 Candace Kelly Commissioner —Seat 4 District 1306 Brittany Norris Commissioner -Seat 5 District 1312 Agenda Item #7A.13 Sep 2021Page 26 of 101 Bartle,Donna From: Sent To: Subject: norep|y@civicplus.com Sunday,August 22,2021 4:32 PM Bartle,Donna Online Form Submission #4046 for Board and Committee Application Board and Committee Application To View information about each board and committee,click the following link: Please check the box beside each Board or Committee for which you are applying: Date First Name Last Name Address Cell Phone Home Phone District To ?nd your district/precinct,click the following link. Email Address board/committeeexperience,and/orcommunityvolunteerexperiencerelativeto theboard/committee applyingfor. Summay of Boards and Committees Environmental Stewardship Committee 8/22/2021 Christopher McHan 522 CLIPPER SHIP LN 9049234179 9049234179 District 1306 Link to Precinct Finder crmchan15@gmai|.com as an environmental consultant working at the intersection ofscienceandregulation,particularly as it relates to land use anddevelopment.Previously,I spent 9+years as a researchscientistworkingfortheFloridaFishandWildlifeConservationCommissionFishandWildlifeResearchInstituteandasafisheriesscienceoutreachconsultantattheGulfofMaineResearchInstitute.As a career scientist and environmental Agenda Item #7A.13 Sep 2021Page 27 of 101 Please provide a brief explanation of your interest and your reasons for wishing to be appointed to this board/committee. consultant I'd bring a wealth of knowledge of state and federal environmental policy and regulation,as well as an in-depth knowledge of Florida's wildlife,flora,and natural communities.I also have extensive experience with geographic information systems,data collection and statistical analysis,and scientific writing.Lastly,I work closely with Florida's land development industry and have a deep understanding of land development practices,policies,and trends. I grew up in Atlantic Beach and,despite my wanderings elsewhere to pursue educational and employment opportunities,I have always called Atlantic Beach home.I am passionate about this community and firmly believe that the concerted effort made to protect and preserve the city's natural resources has made Atlantic Beach a gem among Florida's coastal communities.My application here is motivated by my desire to continue to see Atlantic Beach grow as a community committed to the environment and to maintain it as a city intertwined with abundant and flourishing natural spaces.I believe my skills,experience,and knowledge would truly benefit the committee and the long-term goals of the city. PLEASE NOTE:This application will expire two (2)years from the date of submittal. Email not displaying correctly?View it in your browser.Agenda Item #7A.13 Sep 2021Page 28 of 101 Bartle,Donna From: Sent To: Subject: noreply@civicplus.com Sunday,August 22,2021 10:15 PM/Amen Bartle,Donna Online Form Submission #4047 for Board and Committee Application Board and Committee Application To View information about each board and committee,click the following link: Please check the box beside each Board or Committee for which you are applying: Pi1‘stiI\lamei Last Name Address Cell Phone Home Phone District To ?nd your district/precinct,click the following link. Email Address Please explain any experience,and/orcommunityvolunteerexperiencerelativeto theboard/committeeapplyingfor. Summamof Boards and Committees deal on 9/17/iC’Z/05% Environmental Stewardship Committee 8/22/2021 Robert Hudson 825 Sherry Dr 904 333 7625 904 333 7625 District 1}9(/3 0 (, Linkto Precinct Finder iamroberthudson@gmail.com Retired but worked for 38 years in corporate mining and experience but recently moved to AB from PVB and keen tobecomepartofthewiderABcommunity.Agenda Item #7A.13 Sep 2021Page 29 of 101 Please provide a brief We are very much enjoying creating a natural flora experience explanation of your at our home and keen to see how AB quality of life can be interest and )’0U1'P6380113 improved with regard to Environmental issues. for wishing to be appointedto this board/committee. PLEASE NOTE:This application willexpire two (2)years from the date of submittal. Email not displaying correctly?View it in your browser.Agenda Item #7A.13 Sep 2021Page 30 of 101 AGENDA ITEM: SUBMITTED BY: TODAY’S DATE: MEETING DATE: BACKGROUND: Article 2] 26 Miscellaneous BUDGET: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT PBA “Police”Union 2019-2022 Contract Amendment Catherine Varian,Esq.,Human Resources Director av August 31,2021 September 13,2021 The contract that the City of Atlantic Beach entered into with the PBA Police Union expires September 30,2022.The City and Union had successful public negotiation meetings and came to an agreement,pending Commission approval, on several changes to the contract that bene?t both the City and the Union members.The key provisions in the contract that have been changed are as follows: Description Codify current practice for calculation of holiday pay for those working overtime. Updates language regarding the Physical Agility test to grant ?exibility to the Chief and eliminate dates that have passed. Removes the time-in-grade requirements and provides an hourly rate increase to the step plan for officers and sergeants based on years of service.Includes language regarding time in grade to comply with these changes. Provides for a change in the name ofthe SWAT to SRT. Change to the minimum hours an officer in charge must work to receive the increase in pay from 3 hours to 1 hour. The parties agree to each pay half,up to $2000 each,for an actuarial study to determine the impact a pension multiplier change from 2%per year of service to 3% per year for all sworn of?cers would have,utilizing the actuary currently utilized by Included in 2021-2022 City BudgetRECOMMENDATION:That the City Manager be authorized to sign the attached amendment to the2019-2022 agreement with the Union.Agenda Item #8A.13 Sep 2021Page 31 of 101 ATTACHMENTS:1)Resolution No.2 1 -49 2)City of Atlantic Beach and PBA Police Union Agreement 3)2019-2022 Amendment REVIEWED BY CITY IVIANAGER:Agenda Item #8A.13 Sep 2021Page 32 of 101 RESOLUTION NO.21-49 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, APPROVING AN AMENDMENT TO THE 2019-2022 COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION CONTRACT,AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT. WHEREAS,the City of Atlantic Beach currently has a contract in place with the Coastal Florida Police Benevolent Association;and WHEREAS,the effective dates of the contract are 2019-2022;and WHEREAS,each year the contract is amended to update up to four provisions,other than pay or bene?ts;and WHEREAS,the City agreed to negotiate wages due to the competitive market for sworn of?cers;and WHEREAS,the Coastal Florida Police Benevolent Association and the City had a successful negotiation process this year; WHEREAS,the Coastal Florida Police Benevolent Association and the City opted to create an amendment to the three-year contract (2019-2022); WHEREAS,in addition to providing an update to update the wages provision with an hourly increase in the step plan for officers and sergeants,the following provisions were amended: Article Description l2 Codify current practice for calculation of holiday pay for those working overtime. 21 Updates language regarding the Physical Agility test to grant flexibility to the Chief and eliminate dates that have passed. 26 Removes the time-in-grade requirements and provides an hourly rate increase to the step plan for officers and sergeants based on years ofservice.Includes language regarding time in grade to comply with these changes.. Provides for a change in the name ofthe SWAT to SRT. Miscellaneous The parties agree to each pay half,up to $2000 each,for an actuarial studytodeterminetheimpactapensionmultiplierchangefrom2%per year ofserviceto3%per year for all sworn of?cers would have,utilizing theactuarycurrentlyutilizedbythecityforitspensionplans.The City is notagreeingtoachange,just to pay for half of the actuarial study.Agenda Item #8A.13 Sep 2021Page 33 of 101 WHEREAS,the Coastal Florida Police Benevolent Association rati?ed the amendment and executed the Memorandum of Understanding. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves the amendment to the 2019-2022 Coastal Florida Police Benevolent Association contract; SECTION 2.The City Commission hereby authorizes the City Manager to execute the Memorandum of Understanding,amending the 2019-2022 contract; SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13th day of September, 2021. Ellen Glasser,Mayor Attest: Approved as to form and correctness: Donna L.Bartle,City Clerk Brenna M.Durden,City Attorney Agenda Item #8A.13 Sep 2021Page 34 of 101 MEMORANDUM OF UNDERSTANDINGFOR AMENDMENTTO CONTRACT BETWEEN THECITYOF ATLANTICBEACHAND COASTAL FLORIDAPOLICE BENEVOLENTASSOCIATION This Memorandum of Understanding is entered into between the City of Atlantic Beach (hereinafter referred to as "the City”)and the Coastal Florida Police Benevolent Association (hereinafter referred to as ”the PBA”)on behalf of those City of Atlantic Beach employees within the bargaining unit for the purpose of bargaining collectively in the determination of the wages,hours and terms of conditions of employment. The City and the PBA agree as follows: Article 12 of the current collective bargaining agreement is hereby modified to the language contained in the attached document,which is incorporated by reference and reflects a change to section 12.3, providing for codification of current practice regarding OT shifts on holidays. Article 21 of the current collective bargaining agreement is hereby modified to the language contained in the attached document,which is incorporated by reference and reflects in Section 21.3 the current practice regarding the physical ability test.Sections 21.4 and 21.5 are hereby deleted because the dates mentioned have passed. Article 26 of the current collective bargaining agreement is hereby modified to the language contained in the attached document,which is incorporated by reference and reflects a change to section 26.1, which deletes the time—in-grade,increases the hourly rate for the Police Officer and Police Sergeant step plan and adds language to the time in grade provision.The proposed plan is contained in the current budget before the Commission. Article 26 of the current collective bargaining agreement is hereby modified to the language contained in the attached document,which is incorporated by reference and reflects a change to section 26.6, regarding promotion to sergeant,which deletes the last two sentences to align with the changes made in 26.1. Article 26 of the current collective bargaining agreement is hereby modified to the language contained in the attached document,which is incorporated by reference and reflects a change to section 26.7, providing for a name change from SWAT (Special Weapons and Tactics Team)to SRT (Special Response Team). Article 26 of the current collective bargaining agreement is hereby modified to the language containedintheattacheddocument,which is incorporated by reference and reflects a change to section 26.9,providing for a change in the minimum shift time,from three hours to one,that an officer in chargemustworktoearnthepayincrease.Agenda Item #8A.13 Sep 2021Page 35 of 101 Miscellaneous:The parties agree to each pay half,up to $2000 each,for an actuarial study to determine the impact a pension multiplier change from 2%per year of service to 3%per year for all sworn officers, would have,utilizing the actuary currently utilized by the city for its pension plans.The City is not agreeing to a change,just to pay for half of the actuarial study. This MOU will become effective upon approval by the City Commission,ratification by the members of the PBA and execution by both parties.This Agreement will remain in effect until new terms are negotiated and incorporated into the Collective Bargaining Agreement between the City and the PBA.All other terms and conditions of the Collective Bargaining Agreement not specifically referenced herein shall remain unchanged. Signed and Agreed by the City:Signed and Agreed by the PBA: Shane Corbin,City Manager Mike Scuderio,Executive Director Agenda Item #8A.13 Sep 2021Page 36 of 101 12.3 21.3 Amendment to 2019-2022 PBA Contract Scheduled to \Norl(a Holiday: Worked the Holiday.Employees whose work slli?starts on the holiday sh all receiv ecompensatorytimeequaltotheirscheduledshi?(3,lo,12,etc.hours),plus h e paidat the rate orone and one-half(l—l/2)the employee's regular hourly rate orpay. workillgv an overlilne slli?shall be Quid at double the employees regular hour ly oneor gay. Did Not VVork the Holiday,i.e.,approved to take the Holiday om Employees shall receive Holiday pay equal to their scheduled shift (8,lo,12,hours) and shall not be required to take Personal Leave or receive any additional com pens atio n for the Holiday. .._,,.All rneni bers are reguired to take and pass the Physical Ability Test (PAT)mH on an annual basis October 1-Seoternber 30as adrninistered bv the Atlantic Beach Police Denartment and approved bv t h e Chief ofPo ee. lf the member fails the P A T , the member will have 6 months to successfully pass the PAT.lfu?er the 6mont hextensionthemeinberisunabletopassthePATthemembermayreq ues t one additional 6—n10nth extension with the approval ofthe HR Dir ctor and Ch ief of P0 ce.Factors that will be considered for this approval include:aclear indication that the member is making progress in their physical ?t n es s, the member is committed to improving their health and the membel'has not an extension previously.If the member is unable to successfully pass th e PAT a?er this time,the employee’s position as a Police of?eer with the C O A B will be terminated.Agenda Item #8A.13 Sep 2021Page 37 of 101 26.1 Effective October 1 compensated in accordance with the pay plan as follows: Police Officer or each year of this agreement,employees shall Hourly Approximate Annual Step s Rate Salary (2184 hrs) 1 None ii-3::s4.1T9;zs,4s 544,914.83 2 <;empsese—r—'r9 s4a;o99r32 545,105.54 3 .1_yea¢iii;34473944-s $47,293.45 4 2—y-ea“iii:$46;A-19:99 $49,658.70 5 3-vea+=s $23:s3 $43,531.53 $52,042.32 6 4-»/ea-F5 $2s:a5 -$5-119:-9,20 $55,617.74 7 6-year;s27:o9 -$55-n2-98.38 $59.169.80 8 8-gears $23.73 558549.49 $62.745.23 9 -19—yeacs $30.35 $5-1_,959=9s $66,297,215 10 away;531.45 .ss4_—1&7..:.¢5 $53,630.90 11 .1.4_y-eas;$32.53 sssasaso $71,041.15 12 15—yea«s iii:—s5&,s2a.—.2s $73,424.77 Agenda Item #8A.13 Sep 2021Page 38 of 101 26.6 26.7 s;2—.44 13 ~18—vears $34.71 sveesasags $75,808.39 $3444 14 20—yea¢s $36.55 $35,:-1-5,95 $80,482.15 Police Sergeant Hourly Approximate Annual Step Rate Salary (2184 hrs) $3142 1 —Neae—(-New—se¢geant.)$33.52 -s5a,sa—1—..2-s 573,424.77 $32.44 2 —1—year—aa—sesgeam $34.71 519734395 $75,303.39 $3444 3 4+$3535 535724995 $50,452.15 $3549 4 4+u $37.97 $—7—z,s1s.;5 $32,935.37 $3559 5 —4—yeaseas—sergeane 539.05 $19,745.99 $85,296.12 -$52.54 6 -5-year-5-a9—Seo=geava—E $40.17 53.179323;$87,725.47 sasgs 7 -5-year-5-as—seugea.ns $41.25 ss4,—1-aaeze $90,055.72 -$49-53 8 —7—yeass—ae—serge.-me $43.41 3337594133 $94,307.22 Employees with at least Six (6)months service in their curl‘:-:nl s t asof October I of each year will be advanced to the next step.The sole exception isppiiee omeers moving from Step I to S|gp 2 will oecur at the completion or FTO. Promotion.or?cers prornoted to the rank of sergeant shall receive a salary at the time the promotion becomes effective,to step 1 of the sergeant Pay plan liste d in 25.1.An exception will occur for Police omeers promoted to sergeant fr o m the following Poliee omeer steps,who shall be placed ‘n the listed sergeant st ep : Police or?cer step 12 shall be placed in Sergeant step 2,Police Of?cer step 13 shall b e place dinSergeantstep3,Police or?cer 14 shall be placed in Sergeant step 4.Adv- aeee meat Al1y employee covered by this Agreement who is assigned as a Ineinber or t h e speei alResponseIeam(SRT)shall receive a rofpay Five percent (+5%)above their normal pay while such or?cers are performing actual Agenda Item #8A.13 Sep 2021Page 39 of 101 .RT duties,not including training.Such percentage shall not be add ed tothe base pay but shall be in addition to the base pay and apply to all pay.o v e rl il n e , Coinpensatory time paid,etc.received by the emeer. 26.9 Any employee i-equi ed to act as an omcer in charge on any shi?For a period o r gi ie u a e e or Inore hours shall receive an additional 7.5%pay increase for the hours work ed asan officer in charge. Nliscellaneousz The parties agree to each pay half.up to $2000 each,for an actuaria l study to determine the impact a pension rnultiplicr change from 2%per year ofservice 3%per year for all sworn of?cers,would have,utilizing the actuary currently utilized b y thecity for its pension plans.The City is not agreeing to 21 change,just to pay for ha lf ofthe actuarial study.Agenda Item #8A.13 Sep 2021Page 40 of 101 AGENDA ITEM: TODAY’S DATE: MEETING DATE: SUBMITTED BY: SUMMARY: RECOMMENDATION: BUDGET: CITY MANAGER: CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT Resolution No.21-50 authorizing the Public Works Dept.to purchase a 2022 International CV515 SFA Dump Box Truck. August 23,2021 September 13,2021 Scott Williams,Public Works Director The Public Works Dept.is intending to purchase a new 2022 International CV515 SFA Dump Box Truck under the Florida Sheriff’s Association Contract #BID FS20 —VEH 18 in the amount of$7l,04l .00.This truck will replace P37,a 2003 Ford F450 Pickup Truck with 5”‘wheel hitch that currently has over 100,000 miles. This truck will benefit the Public Works Dept.in that it will become the primary heavy equipment vehicle.It will enable staff to transport larger amounts of asphalt,lime rock,dirt and various other materials to work sites throughout the City,with less spillage and trips than currently occurs when using a backhoe or other type of small or heavy equipment.It can also haul a trailer to carry such small or heavy equipment to the job site with the road materials at the same time. Approve Resolution No.21-50 authorizing the Public Works Dept. to purchase a 2022 International CV515 SFA Dump Box Truck in the amount of $71,041 .00. Upon Commission approval,a budget mod will be created to move various funding within the FY20-21 budget for the Streets Division and the truck will be fully funded from the Streets Motor Vehicle account #001-5002-541-64-01.Agenda Item #8B.13 Sep 2021Page 41 of 101 RESOLUTION NO.21-50 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE PUBLIC WORK DEPARTMENT TO PURCHASE A 2022 INTERNATIONAL CV515 SFA DUMP BOX TRUCK. WHEREAS,the Public Works Dept.is intending to purchase a new 2022 International CV515 SFA Dump Box Truck under the Florida Sheriff’s Association Contract #BID FS20 —VEH 18 in the amount of $71,041 .00;and WHEREAS,this truck will replace P37,a 2003 Ford F450 Pickup Truck with 5“‘wheel hitch that currently has over 100,000 miles;and WHEREAS,this truck will bene?t the Public Works Dept.in that it will become the primary heavy equipment vehicle.It will enable staff to transport larger amounts of asphalt,lime rock,dirt and various other materials to work sites throughout the City,with less spillage and trips than currently occurs when using a backhoe or other type of small or heavy equipment.It can also haul a trailer to carry such small or heavy equipment to the job site with the road materials at the same time;and WHEREAS,upon Commission approval,a budget mod will be created to move various funding within the FY20-21 budget for the Streets Division and the truck will be fully funded from the Streets Motor Vehicle account #001-5002-541-64-01. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes the Public Works Dept.to enter a requisition for a 2022 International CV515 SFA Dump Box Truck;and SECTION 2.The City Commission hereby authorizes the City Manager to approve a purchase order to Maudlin InternationalTrucks,Inc.in the amount of $71,041.00 for truck. PASSED AND ADOPTED by the City of Atlantic Beach,this 13”‘day of September, 2021. Ellen Glasser,Mayor Attest: Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8B.13 Sep 2021Page 42 of 101 8I20I2021 MAIIIILIN INTERNATIONAL" m'rERlATtnI1AL FLORIDA SHERIFF'S ASSOCIATION Contract -BID FSA20 -VEH 18 Customer:Atlantic Beach Date of Quote:8/19/2021 Speci?cation:38 Region:North Base Price:2022 INTERNATIONALCV Contract Options: 1570 Front tow hooks 8HBW Electric brake controller 8HXV Body builder wiring 8RNY Back up camera 8THB Back up alarm 8TRA Trailer conection socket 8TUK LED stop turn and backup lights 8WBW Jump start stud 10XAW GVW range to 19500 12WGG Hand control!throttle 13AXC 1750 RDS transmission 161 96 Crew Cab 16KZB Rear bench seat 1SWAK Power windows 36TB Under body tool box PCT1096SFB Flat bed body MUD Mud ?aps Safety Safety kit Non-Contract Options: Hoist PTO driven HYD hoist includes body sides.. Model year 2022 Model year price increase Quantity 1 ._|..L._.\f\)_L_A_\...\_\_x_n._x_x._x_L_s_L..n $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Unit Cost 46,000.00 $82.00 $225.00 $98.00 $408.00 118.00 92.00 238.00 165.00 4,306.00 245.00 864.00 2,263.00 890.00 486.00 750.00 6,000.00 85.00 175.00 4,900.00 $1,901.00 696369 €9€9£l'?€96969€?-69696993%H99969'€B'$-EH extended 46,000.00 $82.00 225.00 98.00 403.00 118.00 92.00 238.00 165.00 4,306.00 245.00 864.00 2,263.00 890.00 486.00 1 .500.00 6,000.00 85.00 175.00 4,900.00 1,901.00 Agenda Item #8B.13 Sep 2021Page 43 of 101 8120/2021 Total:$70,291.00 $71 ,041 .00 $- Total Purchase Order Amount:$71,041.00 Cab Color:“included in base price Body Color:BLACK Prepared By: Chuck Calhoun 1 International Trucks LLC 2110 S Division AVE Orlando FL 32805 of?ce -407.295.9777 I fax -407.295.9727 I email -cca|houn@maudlinin?.com Agenda Item #8B.13 Sep 2021Page 44 of 101 INTERNATIONAL” Prepared For: City of Atlantic Beach Matt Krug 1200 Sandpiper Ln.E AtlanticBeach,FL 32233-4381 (904)247 -5834 Reference ID:19.5 K GVWR AXLE CONFIG: APPLICATION: MISSION: DIMENSION: ENGINE,DIESEL: TRANSMISSION,AUTOMATIC: AXLE,FRONTNON-DRIVING: AXLE,REAR,SINGLE: CAB: TIRE,FRONT: TIRE.REAR: SUSPENSION,REAR,SINGLE: PAINT: Utility Requested GVWR:19500.Calc.GVWR:19500.Calc.GCWR:30000 Calc.Startl Grade Ability:43.37%I 3.36%@ 55 MPH Calc.Geared Speed:102.2 MPH Wheelbase:175.00,CA;59.80,Axle to Frame:49.00 (International 6.6}EPA 2021.350HP @ 2700 RPM,700 lb-ft Torque @ 1600 RPM,2900 RPM Governed Speed,350 Peak HP (Max) (Allison1750 RDS}5th Generation Controls,Close Ratio,6—Speedwith Double Overdrive,with PTO Provision,Less Retarder,includes Park Pawl,with 19,500-lbGVW and 37,500-lb GCW Max, On/Off Highway (Dana Spicer D-800N}l-Beam Type.7.000-lbCapacity {Dana Spicer S14-110}Single Reduction.13,500-lb Capacity,190 Wheel Ends Gear Ratio:4.30 Conventional6-Man Crew Cab (2)225/70R19.5 Load Range H CROSSTRAC HA3(CONTINENTAL),649 rev/mile,75 MPH,All- Position (4)225/70R19.5 Load Range H CROSSTRACHA3 (CONTINENTAL).649 revlmlle,75 MPH,All- Position 'l3,500-lb Capacity,Vari—RateSprings Cab schematic 100CX Model Pro?le 2022 CV515 SFA (CV515) August 19,2021 Presented By: Maudlin internationalTrucks.inc. Olivia Ellis 1881 PickettvilleRoad Jacksonville FL 32220 - (904)783-9822 Proposal:8857-01 Agenda Item #8B.13 Sep 2021Page 45 of 101 INTERNATIONAL”vehicleSgecificatlong August 19,2021 2022 CV515 SFA (CV515) Code Qs=._s,<;rl.ml_0;r1 FIR Wt Tot Wt (lbs)(lbs) CV5150D Base Chassis.Model CV515 SFA with 175.00 Wheelbase,59.80 CA,and 49.00 4671/2886 7557 Axle to Frame. AXLECONFIGURATION 1_ANA AXLECONFIGURATION{Navistar}4x2 0/0 0 Notes :Pricing may change if axle con?guration is changed. ENGINE 'l2GAG ENGINE.DIESEL {International 6.6}EPA 2021,350HP @ 2700 RPM,700 lb-ft 0/0 0 Torque @ 1600 RPM,2900 RPM Governed Speed,350 Peak HP (Max) Includes :GLOW PLUG Automatic with indicator Light :OIL FILTER,ENGINE Spin~OnType 12XCU CARS EMISSION WARR COMPLIANCEfor lntemational6.6 Engines 0/0 0 12WZE CARB IDLECOMPLIANCEFederal,Does Not Comply with California Clean Air 0/0 0 Idle Regulations 12VHV EMISSION,CALENDARYEAR {International 6.6}EPA,OBD and GHG Certified 0/0 0 for Calendar Year 2021 12XZD RADIATORAluminum,3-Row,Down Flow,Front to Back System,730 Sqln 0/0 0 Louvered,with 578 Sqln Charge Air Cooler,Includes In-Tank Oil Cooler 12TTM FAN DRIVEViscous Type.Screw On,Rear Tether,Electronically Controlled 0/0 0 12VGC AIRCLEANERSingle Element,with Water Separator 0/0 0 12WUT GOVERNORElectronic Road Speed Type;with 70 MPH Default 0/0 0 12WGG THROTTLE,HANDCONTROL Engine Speed Controlfor PTO;Electronic 0/0 0 Controlled,On/Off Switch Mounted on Dash.with Steering Wheel Burton Control TRANSMISSION 13AXC TRANSMISSION,AUTOMATIC{Allison1750 RDS}5th Generation Controls,0/0 0 Close Ratio,6~Speed with Double Overdrive.with PTO Provision,Less Retarder, Includes Park Pawl,with 19.500—|bGVWand 37,500-lb GCW Max.On/Off Highway 13WW NEUTRALAT STOP AllisonTransmission Shifts to Neutral When Service Brake is 0/0 0 Depressed and Vehicle is at Stop;Remains in Neutral UntilService Brake is Released 13XAM PTO LOCATIONDual,Customer Intends to Install PTO at Left and/or Right Side 0/0 0 of Transmission SHIFT CONTROLPARAMETERS{Allison}1000 or 2000 Series Transmissions,0/0 0 REARAXLES,SUSPENSIONS ‘W14ACWAXLE,REAR,SINGLE {Dana Spicer 814-110}Single Reduction.13.500-lb 0/0 0Capacity,190 Wheel Ends .Gear Ratio:4.30MSACSUSPENSION,REAR,SINGLE13.500—lbCapacity,Varl-Rate Springs 0/60 602Proposal:8857-01 Agenda Item #8B.13 Sep 2021Page 46 of 101 INTERNATIONAL“VehicleSgeclfications August 19,2021 2022 CV515 SFA (CV515) Code D_e§grir;tI_Qn_FIR Wt Tot Wt (lbs)(lbs) FRONT AXLES ZAJK AXLE,FRONT NON-DRIVING{Dana Spicer D-800N)I-Beam Type,7,000-lb 0/0 0 Capacity FRONT SUSPENSIONS SAGN SUSPENSION,FRONT,SPRING Parabolic Taper Leaf,Shackle Type,7.000-lb 0/0 0 Capacity,withShock Absorbers CABS,COWLS,BODIES 16196 CAB Conventional6-Man Crew Cab 304/262 566 Includes :CAB DOOR LOCKS Power Door Locks AllDoors :DOMELIGHT,CAB with OFFIDOOR/ONSettings;Located in Overhead Console :READINGLIGHT,CAB Located in Overhead Console :STEP (4)One Step Per Door :STORAGE POCKET,DOOR (2)Full Length,Driver and Passenger Door 16XCP AIR BAG.FRONT,DRIVERSIDE 0/0 0 16XCR AIR BAG.FRONT.PASSENGERSIDE 0/0 0 16XDE AIR BAG.SIDE,DRIVERSeat Mounted,Outboard Slde~Impact Airbag 0/0 0 16XDG AIR BAG.SIDE,PASSENGER Seat Mounted,Outboard Side-Impact Airbag 0/0 0 16XDH AIR BAG,SIDE CURTAINRoof Mounted,for Front and Rear Outboard Seating 0/0 0 Positions for Driver and Passenger Sides 16XZA AIRCONDITIONERwith Heater,Single Zone 0/0 0 16VKD CAB INTERIORTRIM Classic,for Crew Cab 0/0 0 Includes :SUN VISOR (2)Vinyl 16CEM COLOR.INTERIORDark Ash 0/0 0 16HCT GAUGECLUSTER English Speedometer,Includes English Odometer;Includes 0/0 D 3.5“MonochromaticDisplay with Personalization,Warning Messages and Vehicle Information 16BBA GLASS,ALLWINDOWS Solar Absorbing,Tint 0/0 0 16ACA MIRROR.INSIDEREARVIEWOmit 0/0 0 16SPS MIRRORS(2)Manual Folding and Extending.Power Adjust,Heated,Tum Signal 5/0 5 indicator Located in Mirror,Black Heads and Arms,for 96"Load Width 16I<VS SEAT,DRIVERHigh Back with Integral Headrest,with Recline,Vinyl,Fixed 0/0 0 Lumbar Position,Center Fold-DownArmrest with Storage,Vinyl,with Recline16KZCSEAT,REARBENCH.Vinyl 0/0 016XCTWINDOW.POWER (4)in Left and Right Doors,Front and Rear 0/0 0FRAMESProposal:8857411 Agenda Item #8B.13 Sep 2021Page 47 of 101 INTERNATIONAL‘Vehicle Speci?cations August 19,2021 2022 CV515 SFA (CV515) Code Description FIRWt Tot Wt (lbs)(lbs) 1CGH FRAMERAILS High Strength Low Alloy Steel (50,000 PSI Yield),Straight Top 53/43 96 Flange with Contoured Bottom,Height Transitions from 7.375"(187.325mm)to 9.125"(231 .775mm)to 7.625"(193.675mm);Width:3.079"(78.21 mm);Thickness: 0.3125"(7.94mm);383.3"(9735.8mm)Max OAL ILRZ BUMPER,FRONT Contoured,Steel,Painted Black 0/0 0 ‘I570 TOW HOOK,FRONT (2)Frame Mounted 13/-1 12 1LEG LICENSE PLATE HOLDERIncludes Upper &Lower Mounting Plate Hardware.2/0 2 Mounted in Existing Holes in Front Bumper 1WEB WHEELBASE RANGE 128"(325cm)Through and including 183“(465cm)0/0 0 BRAKES __ 4240 BRAKESYSTEM,HYDRAULIC{Bosch}Split System.with Four Channel ABS,0/0 0 Traction Control,Electronic Stability Control,Hydromax Brake Booster with High Speed Master Cylinder and Trailer Sway Control 4GBJ BRAKE,PARKING{Bosch}DSSA Type,12"x 3";for Hydraulic Brake Chassis;Foot 0/0 0 Operated in Cab;DifferentialMounted 4XCU BRAKES.FRONT (MeritorQuadraulic)Hydraulic Disc Type,with Four 64mm 0/0 0 Diameter Pistons,8.000-lbCapacity 4EVD DUST SHIELDS.FRONTBRAKEfor Hydraulic Brakes 0/0 0 4XCV BRAKES,REAR{MeritorQuadraullc}Hydraulic Disc Type.with Four 64mm 0/0 0 Diameter Pistons,15,500-lb Capacity per Axle 4EVE DUST SHIELDS,REAR BRAKEfor Hydraulic Brakes 0/0 0 STEERING "_ 5PSS STEERING GEAR {Bosch 82 8014 Plus}Power 0/0 0 5708 STEERING COLUMNTilting 0/0 0 SCBG STEERING WHEEL4-Spoke;'15“Dia.,Black 0/0 0 DRIVELINES 6DGA DRIVELINESYSTEM (Dana Spicer}SPL100,for 4x2/6x2 0/0 0 EXHAUST SYSTEMS 7BLL EXHAUSTSYSTEM Horizontal,Frame Mounted Right Side,Under Rail,for Single 0/0 0 Exhaust 7SDS ENGINE EXHAUST BRAKEfor International6.6 Engine 0/0 0 MANUALREGEN Capability 0/0 0 ELECTRICALSYSTEMS __8002 ELECTRICALSYSTEM 12—Vo|t for CV Model 0/0 0includes:HAZARDSWITCHPush On/Push Off,Located on Top of Steering Column Cover3HEADLIGHTDIMMERSWITCHintegralwithTurnSignalLever4 Proposal:8857-01 Agenda Item #8B.13 Sep 2021Page 48 of 101 INTERNATIONAL”y_e__h_icIeSpecifications August 19,2021 2022 CV515 SFA (CV515) Code Descrig?ggg FIR Wt Tot Wt (lbs)(lbs) :PARKINGLIGHT PARKINGLIGHTIntegral with Front Turn Signal and Rear Taii Light :TURN SIGNALS.FRONT Includes Reflectors and Solid State Flashers;Flush Mounted :WINDSHlELDWIPER SWITCH2-Speed with Wash and IntermittentFeature, Integral with Turn Signal Lever 8GJA ALTERNATOR(Dense SC2}Brush Type,12 Volt,150 Amp Capacity 0/0 0 8THB BACK-UP ALARMElectric.102 dBA 6/0 6 8WB BATTERYBOXSteel,with Plastic Cover.2 Battery Capacity.Parallel to Rail,28"0/0 0 Wide.Mounted Left Side Under Cab 8MWA BATTERYSYSTEM{VARTA}Maintenance-Free,(2)12-Volt1300CCATotal,Top 0/0 0 Threaded Stud 8HXV BODY BUILDERWIRINGBack of Day Cab at Left Frame or Under Crew Cab at 3/1 4 Left Frame;includes One Sealed Connectorfor Separate Ground/Backup/Left and Right Hand Turn,Left and Right Hand Taii/Stop/Accessory Power and Combined for Left and Right Hand Stopfrurn 8RNY CAMERASYSTEM,REARVIEWIncludesCamera,Mounting,Wiring and interface 1/1 2 to the Monitor,for the Back—upCamera System 8XJV CLEARANCE/MARKERLIGHTS(5)Amber LEDLights,Flush Mountedon Cab 0/0 0 8XJN HEADLIGHTSHalogen.Composite Aero Design,Black Trim Bezel,with Daytime 0/0 0 Running Lights 8541 HORN,ELECTRIC (2)Disc Style 2/0 2 8WBW JUMP START STUD Remote Mounted 3/0 3 8RNN RADIOAM/FM/USBInput/AuxiliaryInput/SD Card Slot,with 4.2"Color Touch 0/0 0 Panel Display 8RNU SPEAKERS(6)2/0 2 8XJW STARTINGMOTOR12 Volt 0/0 0 8TUK STOP,TURN,TAIL8.B/U LIGHTS Muiti-Function,Sealed,LEDLights for Stop,0/1 1 Turn and Tail Lights.IncandescentBackup Lights.with Rear Re?ex Re?ector, IncludesLEDLicense Plate Light 8XJP SWITCH,AUXILIARY1 to 4 Latching Switches with 30-Amp Fuses 0/0 0 8HBW TRAILERBRAKECONTROLIntegrated 6/13 19 8TRA TRAILERCONNECTIONSOCKET Mountedat Rear of Frame,Wired for Tum 8/-2 6 Signals Combined with Stop,Compatible with Trailers with Combined Stop,Tail, Turn Lamps FRONT END 9WAC BUG SCREEN Mounted Behind Grille 0/0 0QWBNFENDEREXTENSIONSPainted0/0 0QHBZGRILLEMoldedinDarkGray0/0 0SAABLOGOSEXTERIORModelBadges0/0 0Proposal:8857-01 Agenda Item #8B.13 Sep 2021Page 49 of 101 INTERNATIONAL”Vehicle gpecificatlons August 19.2021 2022 CV515 SFA (cV515) Code p_g§_<_:_ri_gt@,FIR Wt Tot Wt (lbs)(lbs) SPEEDOMETER,TOOLS,MISC 10060 PAINTSCHEMATIC,PT-1 Single Color.Design 100 0/0 0 10761 PAINTTYPE Base Coat/Clear Coat.1-2 Tone 0/0 0 10XAW GVWRWEIGHTCLASSIFICATIONClass 5 (16,001-19,500lbs)0/0 0 1OWGE SPECIAL RATING,GVWR Limitedto 19,500-lb GVWR 0/0 0 FUEL TANKS 15SZN FUELTANKTop Draw,Plastic,Rectangular,17"Tank Depth,40 US Gal (151L),0/0 0 Includes Auxiliary Draw Port and Fuel FillerAssembly,Mounted Between Frame Rails and Behind Rear Axle 15WDZ DEF TANK6.75 US Gal (26L)Capacity,Frame Mounted Outside Right Rail.Under 0/0 0 Cab WHEELS,TIRES-FRONT 27DTX WHEELS.FRONT (Accuride50180}DISC;19.5x6.75 Rims,Powder Coat Steel,0/0 0 4-Hand Hole,8-Stud,275mm BC,Hub-Plloted,Flanged Nut,with Steel Hubs 7789445436 (2)TIRE,FRONT 225/70R19.5 Load Range H CROSSTRACHA3 10/0 10 (CONTINENTAL),649 rev/mile.75 MPH,All-Position WHEELS,TIRES -REAR 28DTX WHEELS,REAR{Accuride50180}DUALDISC;19.5x6.75 Rims,Powder Coat Steel,4-Hand Hole,8—Stud,275mm BC.Hub-Piloted,Flanged Nut,with Steel Hubs (4)TIRE,REAR225/70R19.5 Load Range H CROSSTRACHA3 (CONTINENTAL),649 rev/mile.75 MPH,All-Position Cab schematic 100CX Location 1:9219,Winter White (Std) Chassis schematic NIA 7789445436 Services Section: WARRANTY 40131 WARRANTYStandard for CV515,Effectivewith Vehicles BuiltDecember 3.2018 or Later,CTS-3000A Total Component Weight: 1 9'Steel Flatbed Steel Regular Bulkhead PTO and PumpTwo18"X18"x30"Steel Underbody BoxesICCBumperMudflapsinstallationTotalBodyAllied: 0/0 0/20 0/0 5089/3284 0/0 0/0 g__.__w 0 20 8373 Proposal:8857-01 Agenda Item #8B.13 Sep 2021Page 50 of 101 lNTERNATIONAL°§/ehiclgg*S_peci?c;i52'J§August 19.2021 2022 CV515 SFA (CV515) The weight calculations included in this proposal are an estimate of future vehicle weight.The actual weight as manufactured may be different from the estimated weight.Navistar,Inc.shall not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. 7 Proposal:8857-01 Agenda Item #8B.13 Sep 2021Page 51 of 101 Page 52 of 101 CITY OF ATLANTIC BEACH CITY C0l\/ll\/IISSION NIEETING STAFF REPORT AGENDA ITEM:Resolution No.21-51 SUBIVIITTED BY:l\/lelissa Burns,Director of Finance ll“-)1} TODAY’S DATE:September 1,2021 MEETING DATE:September 13,2021 BACKGROUND:In l\/lay 2021 the Federal governrnent passed the American Rescue Act(ARPA) of202l and designated the U.S.Departtnent of"l‘reasury to facilitate the disbursernent of t h e $350billion that the act appropriated for ernergency funding for eligible state,local.territorial and Triba l govern n- tents. The funding allocations of the act are as follows: 'I‘ype of Government Amount (S Billions) States &District of Columbia $195.3 Counties 35 65.1 l\/letropolitan Cities $45.6 Tribal Governments $20.0 Ter1'itories $4 .5 Non—Entitlen1ent Units of Local Ciovernrnent CNEU)$19.5 The City ofAtlantie Beach,based on its population,is a non—entitlernent unit ofgovernment,Thismeans that while other governments will receive or received their allotments directly fr o m theFederal government.NEUS will receive their allocations through the State.For the State of Florid a, theDivision ofEn1ergency lvlanagernent is agency tasked with adn?nistering the distribution of the fun ds totheNEUS. The City of Atlantic Beach is to receive a total of $6,947,842 ofARPA funds in two d is tr i b u ti o n s; one now and the other a year from now.In order to receive the funds,the Division ofErnergency lvlan agem ent is requiring an agreement to be executed by the City. Staff recommends that the Commission grants authorization for the lvlayor to execute A m er ic a n Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement Y5D09. BUDGET:None RECOMMENDATION:Commission review and approve Resolution No.2145 1. ATTACHlVl_ENT(S):Resolution No.21-5 1 Arnerican Rescue Plan Act Coronavirus Local Fiscal Fund Agreeinent YSOD9 REVIEWED BY CITY IVIANAGER: ‘ a r 5»:-pn,\o¢Agenda Item #8C.13 Sep 2021Page 53 of 101 RESOLUTION NO.21-51 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO EXECUTE AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT Y5009;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the American Rescue Plan Act of 2021 was established to provide $350 billion in emergency funding for eligible state,local,territorial and Tribal governments;and WHEREAS,the City,is an eligible local government;and WHEREAS,the U.S.Department of Treasury has launched the Coronavirus State and Local Fiscal Recovery Funds;and WHEREAS,the City,due to its population,is considered a Non-Entitlement Unit of Local Government;and WHEREAS,the City,as a Non-Entitlement Unit,will receive its funding from the State of Florida Division of Emergency Management;and WHEREAS,the Division of Emergency Management requires that the Mayor of the City of Atlantic Beach execute the American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement Y5 009. NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of Atlantic Beach,that SECTION 1.The Commission authorizes the Mayor to execute American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement Y5009. SECTION 2.This resolution shall take effect immediately up its passage and adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,this l3“‘day of September 2021. Ellen Glasser,Mayor Attest: Approved as to form and correctness:Brenna M.Durden,City Attorney Agenda Item #8C.13 Sep 2021Page 54 of 101 Agreement Number:YSOOS Unique Identifier Code:FLO01O "Division")and Atlantic Beach.City of (the "Ncir1»ErItitlernenl Unit"or “Recipian AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT This Agreement is entered into by and between the state of Florida.Division of Emergency Manage ment (the A. RECITALS section 9901 of the American Rescue Plan Act of 2021 (Pub.L.No.1 17-2,§99o1)added secti on 603(a)tothe soc I security Act ("ARPA"),which created the Coronavirus Local Fiscal Recovery F u n d forthepurposeor prov ng funds to local governments in order to rat:ate the ongoing recovery from th e CO Vl D — 19 pandemic ("Fiscal Recovery Funds“);and Following the enactment or ARPA,the us.Department of the Treasury ("Treasury"or " Secreta ry") releasedformal and inrorrnai guidance regarding implementation of ARFA.including the disbursement andexp endi ture ofFiscal Recovery Funds.including Treasury interim Final Rule.31 cFR pt.35.2021,attending r guidan ce published in the Federal Register.volume as.No 93.1.and inrormai guidance made pubI'cIy availabl byTreasury,which may be amended.superseded,or replaced during the term of this Agreement (-reasury and ARPA allocated S7,105.S27.713.00 for making payments to rnelropolilarl Cities,rtcrlsentitl emenl unitsoflocal government,and court I S in Flo a,2‘l‘%:of which is ID be paid directly to metropolitan inFlorida.59“?:of which was paid directly to counties in Florida.and 20%or which is to be paid to the state Flo rid a fordistribution to rtort—entiIIement units of Incal government:and The secretary disbursed $5.6BS.502.590.0Cl of these runds directly to metropolitan cities countie s; and A remaining balance of $1,416.425,123.D0 was reserved for the state of Florida to b ur se tonon— entillemen\units of local government;and The Division has received these tunds from the secretary through the state or Florida iacco rdan ce withthe provis ons of ARPA;and Pursuant to the provisions of ARPA,the Division is the state entity responsiole for disbur sing thefundstothe Recipient under this Agreement;and The Recipient is fully quali?ed and eligioie to receive this runding in accordance with forthepurposes icientiried therein. Therefore.in consideration of the mutual promises.terms and conditions contained herein.the Divi sion andtheRecipient agree as follows: (1)RECITALS.The foregoing recitals are Irue and correct and are incorporated herein by reference. (2)TERM.This Agreement shall be effective upon execution and shall end on December :11,2 0 2 4 . unlessterminated (3) earlier in accordance with the provisions of this Agreement.Upon expiration or termination or tAgreem ent forany reason.the obligations which by their nature are intended to survive expiration or termination ofthisAgreementwill survive. FUND|NG.The state of Florida,through the Division.will make a disbursement of each non— entitiem ent unitoflocal government's allocation based on the list of non-entitlement units published by Treasury and uponthestate's calculation of the Recipient's proportional share or the total population of all non-entitlement inthestate.The total Fiscal Recovery Funds allocation for Recipient under this Agreement is §s.941,§4g go. (4)QSE OF FISCAL RECOVERY FUNDS a.The State,through the Division.wil|——'withln 30 days of receiving payment from the S ec re ta ry , orwithinsuch other time period as may be permitted by the Sect-etary—make an Initial disbursement tothenon— entItIen1eriI ‘hgg2s.l[LrL¢§gg|alIQns.gov/docurnerlg!R13-DO—2021—ODQ8—OOQ2 |Federal Register,Vol.85,No.Pg.26786 ("Federal Register")Agenda Item #8C.13 Sep 2021Page 55 of 101 d. unit of local government of 50%of the total amount allocated to the non-entitlement unit?Not earlier than 12 months from the date upon which the State makes the initial disbursement,the Secretary is expected to release the Second Tranche amount to the State.The State wi||—within 30 days of receiving payment from the Secretary,or within such other time period as may be permitted by the Secretary——makea second disbursement to the non—entitlement unit of local government. Recipients may use payments for any expenses eligible under ARPA Coronavirus State and Local Fiscal Recovery Funds.Payments are not required to be used as the source of funding of last resort. ARPA requires that Fiscal Recovery Funds may only be used to cover expenses incurred by the non- entitlement unit of local government by December 31,20243,such as: i.to respond to the public health emergency with respect to COVID-19 or its negative economic impacts, including assistance to households,small businesses,and nonpro?ts,or aid to impacted industries such as tourism,travel,and hospitality; ii.to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the non—entitlement unit of local government that are performing such essential work,or by providing grants to eligible employers that have eligible workers who perform essential work; iii.for the provision of government services to the extent of the reduction in revenue of such non- entitlement unit of local government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the non—entitlement unit of local government; or iv.to make necessary investments in water,sewer,or broadband infrastructure. As speci?ed in the Treasury Guidance,Eligible Use of Fiscal Recovery Funds falls under four categories, including (1)Public Health and Economic Impacts,(2)Premium Pay for Essential Workers,(3)Revenue Loss, and (4)investments in Infrastructure. i.Public Health and Economic lmpacts:Examples of eligible uses of Fiscal Recovery Funds under this category include,but are not limited to: 1.COVlD~19 Mitigation and Prevention expenses,such as vaccination programs,medical care, testing,personal protective equipment (PPE),and ventilation improvements;4 2.Medical expenses,including both current expenses and future medical services for individuals experiencing prolonged symptoms and health complications from COVID-19;5 3.Payroll expenses for public safety,public health,health care,human services,and other similar employees,to the extent that their services are devoted to mitigating or responding to COVID-19;6 4.Efforts to remedy the economic impact of the COVID-19 public health emergency on households,individuals,businesses,and state,local,and tribal governments;7 and 5.Efforts to remedy pre—existingeconomic disparities which were exacerbated by the COVlD- 19 public health emergency? ii.Premium Pay:Fiscal Recovery Funds may also be used to provide premium pay to essential workers, per Treasury Guidance’s de?nition of “essential work."9 Examples of essential workers include,but are not limited to: Staff at nursing homes,hospitals,and home care settings; Workers at farms,food production facilities,grocery stores,and restaurants; Janitors,truck drivers,transit staff,and warehouse workers Public health and safety staff; Childcare workers,educators,and other school staff;and .°".°*.°-’.'\°."Governments.pdf4SeeFederalRegister,pg.26790.5 Id.6 Id.at.267917Idat26791-267978Id.9 /d.at 26797 Agenda Item #8C.13 Sep 2021Page 56 of 101 6.Social service and human services staff.‘° iii.Revenue Loss:Recipients may use Fiscal Recovery Funds for the provision of government services to the extent of the reduction in revenue experienced due to the COVID-19 Public Health Emergency.“ iv.Investments in Infrastructure:Treasury Guidance specifies that Fiscal Recovery Funds may be used to improve access to clean drinking water,improve wastewater and stormwater infrastructure systems,and provide access to high-quality broadband services.” e.Additional guidance regarding eligible uses of Fiscal Recovery Funds,as well as impermissible uses (including for pensions or to offset revenue losses from tax reductions)is set forth in Treasury Guidance. (5)LAWS,RULES,REGULATlONS.AND POLICIES a.Performance under this Agreement is subject to the applicable provisions of 2 CFR Part 200, entitled “Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards”including the cost principles and restrictions on general provisions for selected items of cost. i.The following 2 CFR policy requirements apply to this assistance listing”: -Subpart B,General provisions; -Subpart C,Pre-Federal Award Requirements and Contents of Federal Awards; -Subpart D,Post Federal;Award Requirements; -Subpart E,Cost Principles;and -Subpart F,Audit Requirements. ii.The following 2 CFR policy requirements also apply to this assistance listing:2 C.F.R. Part 25,Universal Identifier and System for Award Management;2 C.F.R.Part 170, Reporting Subaward and Executive Compensation Information;and 2 C.F.R.Part 180, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non- procurement).The following 2 CFR Policy requirements are excluded from coverage under this assistance listing:For 2 C.F.R.Part 200,Subpart C;2 C.F.R.§200.204 (Notices of Funding Opportunities);2 C.F.R.§200.205 (Federal awarding agency review of merit of proposal);2 C.F.R.§200.210 (Pre-award costs);and 2 C.F.R.§ 200.213 (Reporting a determination that a non-Federal entity is not qualified for a Federal award).For 2 C.F.R.Part 200,Subpart D,the following provisions do not apply to the SLFRF program:2 C.F.R.§200.308 (revision of budget or program plan);2 C.F.R.§200.309 (modifications to period of performance);C.F.R.§200.305 (b)(8)and (9)(Federal Payment). b.in addition to the foregoing,the Recipient and the Division will be governed by all applicable State and Federal laws,rules and regulations,including those identified in Attachment C.Any express reference in this Agreement to a particular statute,rule,or regulation in no way implies that no other statute,rule,or regulation applies. (6)NOTICES a.All notices under this Agreement shall be made in writing to the individuals designated in this paragraph.in the event that different representatives or addresses are designated by either party after execution of this Agreement,notice of the new name,title and contact information of the new representative will be promptly provided to the other party,and no modification to this Agreement is required. 1°Id.1‘Id.at 2679912Id.at 2680213Asdefinedin 2 C.F.R.§200.1 Agenda Item #8C.13 Sep 2021Page 57 of 101 with the Recipient.As part of his/her duties,the Program Managerfor the Division will monitor and document Recipient performance. c.The Division's Program Manager for this Agreement is: Erin White Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 Telephone:850-815-4458 Email:Erin.White@em.my?orida.com d.The name and address of the representative responsible for the administration of this Agreement is: Melissa Shirah Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 Telephone:850-815-4455 Email:Melissa.Shirah@em.my?orida.com e.The contact information of the representative of the Recipient is: Authorized Representative: Title: Address: Telephone: Email: (7)PAYMENT a.In order to obtain funding under this Agreement,the Recipient must file with the Division Program Manager information and documentation,including but not limited to the following: i.Local government name,Entity‘s Taxpayer identi?cation Number,DUNS number,and address; ii.Authorized representative name,title,and email; iii.Contact person name,title,phone,and email; iv.Financial institution information (e.g.,routing and account number,financial institution name and contact information); v.Total NEU budget (defined as the annual total operating budget,including general fund and other funds,in effect as of January 27,2020)or top—|ineexpenditure total (in exceptional cases in which the NEU does not adopt a formal budget); vi.Signed Assurances of Compliance with Title VI of the Civil Rights Act of 1964.(Attachment D);and vii.Signed Award Terms and Conditions Agreement (Attachment E). b.Payment requests must include a certi?cation,signed by an of?cial who is authorized to legally bind the Recipient,which reads as follows: By signing this report,i certify to the best of my knowledge and belief that the report is true, aware that any false,fictitious,or fraudulent information,or the omission of any material fact,may subject me to criminal,civil or administrative penalties for fraud,false statements,falseclaimsorotherwise.(U.S.Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and3801-3812). c Agenda Item #8C.13 Sep 2021Page 58 of 101 (8)RECORDS 8.As a condition of receiving state or federal ?nancial assistance,and as required by sections 20.055(6)(c)and 215.97(5)(b),Florida Statutes,the Division,the Chief Inspector General of the State of Florida,the Florida Auditor General,or any of their authorized representatives,shall enjoy the right of access to any documents, ?nancial statements,papers,or other records of the Recipient which are pertinent to this Agreement,in order to make audits,examinations,excerpts,and transcripts.The right of access also includes timely and reasonable access to the Recipient’s personnel for the purpose of interview and discussion related to such documents.For the purposes of this section,the term “Recipient"includes employees or agents,including all subcontractors or consultants to be paid from funds provided under this Agreement. The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State.Information regarding retention schedules can be obtained at:http://dos.myf|orida.com/Iibrary-archives/records-management/general- records-schedules/. Florida's Government in the Sunshine Law (section 286.011,Florida Statutes)provides the citizens of Florida with a right of access to governmental proceedings and mandates three,basic requirements:(1)all meetings of public boards or commissions must be open to the public;(2)reasonable notice of such meetings must be given;and (3)minutes of the meetings must be taken and promptly recorded. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf.Unless speci?cally exempted from disclosure by Florida Statute,all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency)in conjunction with official business which are used to perpetuate,communicate,or formalize knowledge qualify as public records subject to public inspection. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:(850)815-4156,Records@em.myfIorida.com,or 2555 Shumard Oak Boulevard,Tallahassee,FL 32399. (9)AUDITS 8.In accounting for the receipt and expenditure of funds under this Agreement,the Recipient must follow Generally Accepted Accounting Principles (“GAAP”).As defined by 2 CFR §200.49,“GAAP has the meaning speci?ed in accounting standards issued by the Government Accounting Standards Board (GASB)and the Financial Accounting Standards Board (FASB). When conducting an audit of the Recipient’s performance under this Agreement,the Division must use Generally Accepted Government Auditing Standards (“GAGAS”).As defined by 2 CFR §200.50,“GAGAS, also known as the Yellow Book,means generally accepted government auditing standards issued by the Comptroller General of the United States,which are applicable to financial audits. Ifan audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of and strict compliance with this Agreement and with Section 603(c)of the Social Security Act,the Recipient will be held liable for reimbursement to the Secretary of all funds used in violation of these applicable regulations and Agreement provisions within thirty (30)days after the Division has notified the Recipient of such non-compliance. The Recipient must have all audits completed by an independent auditor,which is defined in section The independent must stateauditsmustbereceivedbytheDivision no later than nine months from the end of the Recipient’s fiscal year.The Recipient must send copies of reporting packages required under this paragraph directly to each of thefollowing:I.The Division of Emergency ManagementDEMSing|e_Audit@em.myflorida.com Agenda Item #8C.13 Sep 2021Page 59 of 101 f. OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 II. The Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the related provisions of the Uniform Guidance. (10)REPORTS a.The Recipient must provide the Secretary with periodic reports providing a detailed accounting of the uses of such funds by such non-entitlement unit of local government including such other information as the Secretary may require for administration of the Coronavirus Local Fiscal Recovery Fund.Concurrently,Recipients must provide to the Division a copy of the report given to the Secretary. b.Failure by Recipient to submit all required reports and copies may result in the Divislon’s withholding of further payments until all such documents are submitted to the Division and deemed to be satisfactory. c.The Recipient must provide additional program updates or information if requested by the Division. (11)LIABILITY. Any Recipient which is a state agency or subdivision,as de?ned in section 768.28,Florida Statutes,agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division,and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28,Florida Statutes.Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies.Nothing herein will 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 this Agreement. (12)TERMINATION 8.The Division may terminate this Agreement immediately for cause upon written notice to Recipient.Cause includes,but is not limited to,misuse of funds,fraud,non-compliance with ARPA,Treasury Guidance,or other applicable rules,laws and regulations,or failure by the Recipient to afford timely public access to any document,paper,letter,or other material subject to disclosure under Chapter 119,Florida Statutes. The Division may terminate this Agreement for convenience upon thirty (30)days’prior written notice to Recipient. In the event this Agreement is terminated,the Recipient must not incur new obligations for the terminated portion of this Agreement after it has received the notification of termination.The Recipient must cancel as many outstanding obligations as possible.Obligations incurred after receipt of the termination notice will be disallowed.The Recipient will not be relieved of liability to the Division because of any breach of this Agreement by the Recipient.The Division may,if and to the extent permitted by ARPA and Treasury (13)MISCELLANEOUS8.The validity of this Agreement is subject to the truth and accuracy of all the information,representations,andmaterialssubmittedorprovidedbytheRecipientinthisAgreement,in any later submission or response to aDivisionrequest,or in any submission or response to ful?ll the requirements of this Agreement.All of saidinformation,representations,and materials is incorporated by reference.The inaccuracy of the submissions6 Agenda Item #8C.13 Sep 2021Page 60 of 101 or any material changes will,at the option of the Division and with thirty (30)days written notice to the Recipient,cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. This Agreement must be construed under the laws of the State of Florida,and venue for any actions arising out of this Agreement will be in the Circuit Court of Leon County.If any provision of this Agreement is in con?ict with any applicable statute or rule,or is unenforceable,then the provision is null and void to the extent of the conflict,and is severable,but does not invalidate any other provision of this Agreement. Any power of approval or disapproval granted to the Division under the terms of this Agreement will survive the term of this Agreement. This Agreement may be executed in any number of counterparts,any one of which may be taken as an original. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seq.),which prohibits discrimination by public and private entities on the basis of disability in employment,public accommodations,transportation,State and local government services,and telecommunications. The Recipient must comply with any Statement of Assurances incorporated as Attachment D. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36)months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,and subject to any modification in accordance with Chapter 216,Florida Statutes,or the Florida Constitution. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Any bills for travel expenses must be submitted in accordance with section 112.061,Florida Statutes. This Agreement,upon execution,contains the entire agreement of the parties and no prior written or oral agreement,express or implied,shall be admissible to contradict the provisions of this Agreement. This Agreement may not be modified except by formal written amendment executed by both of the parties. I .If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 603 of the Social Security Act and the Guidance on eligible expenses.If a government deposits Fiscal Recovery Fund payments in a government’s general account,it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures.Fund payments are not subject to the Cash Management Improvement Act of 1990,as amended.The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained in 8 U.S.C.Section 1324a(e)[Section 274A(e)ofthe Immigration and Nationality Act (“lNA”)].The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA.Such violation by the Recipient of the employment provisions contained in Section 274A(e)of the INA will be grounds for unilateral cancellation of this Agreement by the Division. The Recipient is subject to Florida’s Government in the Sunshine Law (section 286.011,Florida Statutes)with respect to the meetings of the Recipient’s governing board or the meetings of any subcommittee making recommendations to the governing board.All of these meetings must be publicly noticed,open to the public, 119,All expenditures of state or federal financial assistance must be in compliance with the laws,rules andregulationsapplicabletoexpendituresofStatefunds,includingbut not limited to,the Reference Guide forStateExpenditures.In accordance with section 215.971(1)(d),Florida Statutes,the Recipient may expend funds authorized bythisAgreementonlyforallowablecostsresultingfromobligationsincurredduringthespecificagreementperiod.Agenda Item #8C.13 Sep 2021Page 61 of 101 C]. l‘. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the Secretary. If the purchase of the asset was consistent with the limitations on the eligible use of Fiscal Recovery Funds provided by ARPA and Treasury Guidance,the Recipient may retain the asset.If such assets are disposed of prior to December 31,2024,the proceeds would be subject to the restrictions on the eligible use of Fiscal Recovery Funds provided by ARPA. (14)LOBBYING PROHIBITION a. b. 2 CFR §200.450 prohibits reimbursement for costs associated with certain lobbying activities. Section 216.347,Florida Statutes,prohibits “any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial branch,or a state agency.” No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. The Recipient certifies the following: i.No Federal appropriated funds have been paid or will be paid,by or on behalf of the Recipient,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment or modification of any Federal contract,grant,loan or cooperative agreement. ii.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan or cooperative agreement,the Recipient must complete and submit Standard Form-LLL,“Disclosure of Lobbying Activities.” iii.The Recipient must require that this certification be included in the award documents for all subawards (including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements) and that all Recipients shall certify and disclose. iv.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certi?cation is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (15)REQUIRED CONTRACTUAL PROVISIONS a.EQUAL OPPORTUNITY EMPLOYMENT i.In accordance with 41 CFR §60-1.4(b),the Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work,or modification thereof,as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant,contract,loan,insurance,or guarantee,or undertaken pursuant to any Federal program involving such grant,contract,loan,insurance,or guarantee,the following equal opportunity clause: 1.The contractor will not discriminate against any employee or applicant for employmentbecauseofrace,color,religion,sex,sexual orientation,gender identity,or national origin.The contractor will take affirmative action to ensure that applicants are employed,and thatemployeesaretreatedduringemploymentwithoutregardtotheirrace,color,religion,sex,sexual orientation,gender identity,or national origin.Such action shall include,but not belimitedtothefollowing:Agenda Item #8C.13 Sep 2021Page 62 of 101 a.Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive considerations for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation, proceeding,hearing,or action,including an investigation conducted by the employer,or is consistent with the contractor's legal duty to furnish information. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers’representatives of the contractor's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,1965,or by rule,regulation,or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding paragraph 1(a)(ii)of this section and the provisions of subparagraphs (1)through (8)in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,1965,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided,however,that in the event a contractor becomes involved in,or is threatened with, agency,the contractor requesttheinterestsoftheUnitedStates.b.COPELAND ANTI-KICKBACKACTTheRecipientherebyagrees that,unless exempt under Federal law,it will incorporate or cause to beincorporatedintoanycontractforconstructionwork,or modification thereof,the following clause:Agenda Item #8C.13 Sep 2021Page 63 of 101 “Contractor.The contractor shall comply with 18 U.S.C.§874,40 U.S.C.§3145,and the requirements of 29 CFR pt.3 as may be applicable,which are incorporated by reference into this contract.” ii.Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause in subsection b(i)above and such other clauses as the Secretary may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii.Breach.A breach of the contract clauses above may be grounds for termination of the contract,and for debarment as a contractor and subcontractor as provided in 29 CFR §5.12. CONTRACT WORK HOURS AND SAFETY STANDARDS If the Recipient,with the funds authorized by this Agreement,enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers,then any such contract must include a provision for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations (29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous,or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation. CLEAN AIR ACT AND THE FEDERALWATER POLLUTlON CONTROL ACT if the Recipient,with the funds authorized by this Agreement,enters into a contract that exceeds $150,000, then any such contract must include the following provision: “Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C.1251— 1387),and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).” SUSPENSION AND DEBARMENT if the Recipient,with the funds authorized by this Agreement,enters into a contract,then any such contract must include the following provisions: i.This contract is a covered transaction for purposes of 2 CFR pt.180 and 2 CFR pt.3000.As such the contractor is required to verify that neither the contractor,its principals (defined at 2 CFR § 180.995),nor its affiliates (defined at 2 CFR §180.905)are excluded (defined at 2 CFR §180.940) or disquali?ed (defined at 2 CFR §180.935). ii.The contractor must comply with 2 CFR pt.180,subpart C and 2 CFR pt.3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction into which it enters. that the contractoradditiontoremedies available to the Division,the Federal Government may pursue availableremedies,including,but not limited to,suspension and/or debarment.iv.The bidder or proposer agrees to comply with the requirements of 2 CFR pt.180,subpart C and 2CFRpt.3000,subpart C while this offer is valid and throughout the period of any contract that mayarisefromthisoffer.The bidder or proposer further agrees to include a provision requiring suchcomplianceinitslowertiercoveredtransactions.10 Agenda Item #8C.13 Sep 2021Page 64 of 101 BYRD ANTI-LOBBYING AMENDMENT If the Recipient enters into a contract using funds authorized by this Agreement,then any such contract must include the following clause: “Byrd Anti-Lobbying Amendment,31 USC §1352 (as amended).Contractors who apply or bid for an award of $100,000 or more shall ?le the required certification.Each tier certi?es to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,of?cer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant,or any other award covered by 31 U.S.C.§1352.Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection withobtaining any Federal award.Such disclosures are fonivarded from tier to tier up to the Recipient.” (16)ATTACHMENTS.The parties agree to,and incorporate as though set forth fully herein,the following exhibits and attachments: Exhibit 1 Funding Sources Attachment A ARPA Coronavirus Local Fiscal Recovery Fund EligibilityCertification Attachment B Attachment C Attachment D Attachment E Certification Regarding Lobbying Program Statutes and Regulations Statement of Assurances Award Terms and Conditions (17)LEGAL AUTHORIZATION.The Recipient certifies that its governing body has authorized the Recipient’s execution of this Agreement and that the undersigned person has the authority to legally execute and bind the Recipient to the terms of this Agreement. RECIPIENT Atlantic Beach,City of By: Name and title: Date: FEIN :596000267 DUNS :081944514 By:Name and Title:Kevin Guthrie,DirectorDate:11 Agenda Item #8C.13 Sep 2021Page 65 of 101 Exhibit 1 Funding Sources STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT,SUBJECT TO SECTION 215.97,FLORIDA STATUTES,CONSIST OF THE FOLLOWING: State Project - State awarding agency:Florida Division of Emergency Management Catalog of State Financial Assistance title:Coronavirus State and Local Fiscal Recovery Fund§_(CSFRF) Catalog of Federal Domestic Assistance number:21.027 Amount of State Funding:§6,947,842.00 12 Agenda Item #8C.13 Sep 2021Page 66 of 101 Attachment A ARPA Coronavirus Local Fiscal Recovery Fund Eligibility Certification I,,am the Authorized Agent of Atlantic Beach,City of (“Recipient”)and I certify that: 1.I have the authority on behalf of the Recipient to request fund payments from the State of Florida (“State”)for federal funds appropriated pursuant to section 603 of the Social Security Act,as added by section 9901 of the American Rescue Plan Act,Pub.L.No.117-2,Title VI (March 11,2021). 2.I have submitted to the State the Recipient’s Total Budget in effect as of January 27,2020,as defined by the United States Department of the Treasury,the annual operating budget including general fund and other funds. 3.I understand that the State will rely on this certification as a material representation in making grant payments to the Recipient. 4.I acknowledge that the Recipient should keep records sufficient to demonstrate that the expenditure of funds it has received is in accordance with section 603(a)of the Social Security Act. 5.I acknowledge that all records and expenditures are subject to audit by the United States Department of Treasury’s Inspector General,the Florida Division of Emergency Management,and the Florida State Auditor General,or designee. 6.I acknowledge that the Recipient has an affirmative obligation to identify and report any duplication of benefits.I understand that the State has an obligation and the authority to de-obligate or offset any duplicated benefits. 7.I acknowledge and agree that the Recipient shall be liable for any costs disallowed pursuant to financial or compliance audits of funds received.' 8.l acknowledge that if the Recipient has not obligated the funds it has received to cover costs that were incurred by December 31,2024,as required by the statute,those funds must be returned to the United States Department of the Treasury. 9.I acknowledge that the Recipient’s proposed uses of the funds provided as grant payments from the State by federal appropriation under section 603 of the Social Security Act will be used only to cover those costs that: a.to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID—19)or its negative economic impacts,including assistance to households,small businesses,and nonprofits,or aid to impacted industries such as tourism,travel,and hospitality; b.to respond to workers performing essential work during the COVlD—19 public health emergency by providing premium pay to eligible workers of the metropolitan city,non—entitlement unit of local government,or county that are performing such essential work,or by providing grants to eligible employers that have eligible workers who perform essential work; c.for the provision of government services to the extent of the reduction in revenue of such metropolitan relative to revenues collected in the most recent full fiscal year of the metropolitan city,non-entitlement unitoflocalgovernment,or county prior to the emergency;ord.to make necessary investments in water,sewer,or broadband infrastructure.In addition to each of the statements above,I acknowledge on submission of this certification that my jurisdictionhasincurredeligibleexpensesduringtheperiodthatbeginsonMarch3,2021 and ends on December 31,2024.13 Agenda Item #8C.13 Sep 2021Page 67 of 101 By: Signature: Title: Date: 14 Agenda Item #8C.13 Sep 2021Page 68 of 101 Attachment B Certification Regarding Lobbying Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned Recipient,,certifies,to the best of his or her knowledge that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan or cooperative agreement,the undersigned shall complete and submit Standard Form —LLL,“Disclosure Form to Report Lobbying,”in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all Recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.Sec.1352 (as amended by the Lobbying Disclosure Act of 119).Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Recipient,,certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any.In addition, Recipient understands and agrees that the provisions of 31 U.S.C.Sec.3801 et seq.apply to his certification and disclosure,if any. By: Title:_Date:__15 Agenda Item #8C.13 Sep 2021Page 69 of 101 Attachment C Program Statutes and Regulations 42 U.S.C.801 Social Security Act Coronavirus State and Local Fiscal Recovery Funds Title 31,Part 35,Code of Federal Treasury lnterim Final Rule Regulations Section 215.422,Florida Statutes Payments,warrants,and invoices;processing time limits;dispute limitation;agency orjudicial branch compliance Section 215.971,Florida Statutes Agreements funded with federal and state assistance Section 216.347,Florida Statutes Disbursement of grant and aids appropriations for lobbying prohibited CFO MEMORANDUM NO.04 (2005-O6)Compliance Requirements for Agreements 16 Agenda Item #8C.13 Sep 2021Page 70 of 101 OIVIB Approved No.15o5—o27l Expiration Date:November 30,202i ASSURANCES OF COMPLIANCE VVITII CIVIL RIGHTS REQUIREB/[ENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition or receipt of federal ?nancial assistance from the Department of the Tr ea su ry , the recipient named below (hereinafter referred to as the “Recipici1t”)provides the assurances sta ted herein.The federal ?nancial at .tance may include federal giants,loans and contracts to provide assistance tothe Rceipicnvs bene?ciaries,the use or rent or Federal land or property at below market value,training,a loan of Federal personnel,subsidies,and other arrangements with the intention or providing Federal ?nancial assistance does not cncornpass contracts of guarantee or insurance,regulated prograrns,license s,procurement contracts by the Federal government at market value,or programs Lhal provide bene?ts. The assurances apply to all federal ?nancial assistance (‘rorn or runds made available the Department of the Treasury,including any assistance that the Recipient may request in the fut ur e.The Civil Rights Restoration Act or 1937 provides that the provisions or the assurances appl y toallof the operations of the Recipitzri?s progr-am(s)and ac:1.ivity(ies),so long as any portion or the R c: <: ip ie nl ’s prograrn(s)or aetivity(ies)is fed lly assisted in the manner prescribed above. l.Recipient ensures its current and Future compliance with Title VI of the civil Rights Act I964,as amended,which prohibits exclusion f om participation,denial of the bene?ts or,or subjecti on to discrimination under programs and activities receiving federal ?nancial assistance,of any pe rs o n inthe United states on the ground oriace,color,or national origin (42 u.s.c.§2000:!el seq),a s imple lnente d by the Department of the Treasury Title VI regulations at 3|CFR Part 22 and other pertinent ex ec uti ve orders such as Executive order 13 166,directives,circulars,policies,ineinoranda,and/or guidance docu ment s.2.Reci1)ieI1L acknowledges that Executive Order 13 166,“Irnprovirlg Access to Services for P er s o n s with Limited English Pro?ciency,”seeks to improve access to federally assisted programs and act ivit ies ror individuals who,because of national origin,have Lixnited English proficiency (LEP).Re cip ien t lands that denying a person ac ess to it pi-ogranis,services,and activities because ofLEPisaform nal origin Lliscrilninatiorl prohibited under Title VI of the Civil Rights Act OF [964 andthe Department ofthe Tieastu-y‘s ilnplolrlcnting regulations.Accordingly,Recipient shall i n it ia te reasonable steps,or comply with the Department of the TrCasury’s directives,to ensure that LEP per so ns have meaningful access to its programs,services,and activities.Recipient understands and ag ree s that meaningful access may entail providing language assistance services,including oral inter preta tion and written translation where necessary,to ensure effective communication in the Recipient’s pro gra ms,services,and activities. 3.Recipient agrees to consider the need for language services For LEP persons when Recipient develo psapplicablebudgetsandconductsprograms,services,and activities.As a resource,the De par tm ent ofthe Treasury has published its LEP guidance al 70 FR ooo7.For more inforlnation on taking re as o n a bl e steps to provide lncariingful access for LEI’persons,please visit Illlat//w?w.lcg.go\'. 17 Agenda Item #8C.13 Sep 2021Page 71 of 101 4.Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal ?nancial assistance and is binding upon Recipient and Recipient’s successors,transferees, and assignees for the period in which such assistance is provided. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors, successors,transferees,and assignees to comply with assurances l—4above,and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees,contractors,subcontractors,successors,transferees,and assignees: The sub—g1‘antee,contractor,subcontractor,successor,transferee,and assignee shall comply with Title VI ofthe Civil Rights Act of]964,which prohibits recipients offederal?nancialassistance from excluding froma program or activity,denying bene?tsof or otheiwise discriminating against a person on the basis ofrace,color,or national origin (42 US‘.C.$92000d et seq.),as implementedby the Department ofthe Treasury ’s Title VI regulations,31 CFR Part 22,which are herein incorporated by referenceand made a part ofthis contract (or agreement).Title VI also includes protection to persons with “Limited English Pro?ciency”in any program or activity receiving federal?nancialassistance,42 US.C.§2000d et seq.,as implementedby the Department ofthe Treasuiy ’s Title VI regulations,3] CFR Part 22,and herein incorporated by referenceand made a part ofthis contract or agreement. 6.Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal ?nancial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal ?nancial assistance is extended or for another purpose involving the provision of similar services or bene?ts.If any personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7.Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforernentioned obligations.Enforcement may include investigation,arbitration,mediation, litigation,and monitoring of any settlement agreements that may result from these actions.The Recipient shall comply with information requests,on~sitecompliance reviews and reporting requirements. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English pro?ciency covered by also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.Recipient must provide documentation of an administrative agency’s or court’s ?ndings of non—complianceofTitleVIandeffortstoaddressthenon—compliance,including any voluntary compliance or other 18 Agenda Item #8C.13 Sep 2021Page 72 of 101 agreements between the Recipient and the administrative agency that made the ?nding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentationof the settlement.If Recipient has not been the subject of any court or administrative agency ?nding of discrimination,please so state. 10.If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub—recipients. The United States of America has the right to seek judicial enforcement of the teims of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned of?cial(s)certi?es that of?cial(s)has read and understood the Recipient’s obligations as herein described,that any infonnation submitted in conjunction with this assurances document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscriminationrequirements. Atlantic Beach,City of Date Signature of Authorized Of?cial PAPERWORK REDUCTION ACT NOTICE accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Of?ce ofPiivacy,Transparency and Records,Department of the Treasuiy,1500 PennsylvaniaAve,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not requiredtorespondto,a collection of information unless it displays a valid control number assigned by OMB.19 Agenda Item #8C.13 Sep 2021Page 73 of 101 OMB Approved No.1505-0271 Expiration Date:November 30,2021 US.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address: Atlantic Beach,City of Address: DUNS Number:081944514 Taxpayer Identification Number:596000267 Assistance Listing Number:21.027 Sections 602(b)and 603(b)of the Social Security Act (the Act)as added by section 9901 of the American Rescue Plan Act,Pub.L.No.117-2 (March 11,2021)authorize the Department of the Treasuiy (Treasury)to make payments to certain recipients from the Coronaviius State Fiscal Recovery Fund and the Coronaviius Local Fiscal Recovery Fund. Recipient hereby agrees,as a condition to receiving such payment from Treasuiy,to the teims attached hereto. Recipient:Atlantic Beach,City of Authorized Representative: Title: Date signed: U.S.Depaitment of the Treasuiyt Authorized Representative: Title: PAPERWORK REDUCTION ACT NOTICETheinformationcollectedwillbeusedforthe U.S.Govemment to process requests for suppoit.Theestimatedburdenassociatedwiththiscollectionofinformationis15minutesperresponse.CommentsconcerningtheaccuracyofthisburdenestimateandsuggestionsforreducingthisburdenshouldbedirectedtotheOf?ce of Privacy,Transparency and Records,Department of the Treasury,1500PennsylvaniaAve.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agencymaynotconductorsponsor,and a person is not required to respond to,a collection of information unlessitdisplaysavalidcontrolnumberassignedbyOMB.Agenda Item #8C.13 Sep 2021Page 74 of 101 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Funds. a.Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c)of the Social Security Act (the Act),Treasury’s regulations implementing that section,and guidance issued by Treasury regarding the foregoing. b.Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and ?nancial capability to ensure proper planning,management, and completionof such project. 2.Period of Performance‘.The period of performance for this award begins on the date hereof and ends on December 31,2026.As set forth in Treasu1y’s implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021,and ends on December 31,2024. 3.Reporting.Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. 4.Maintenance of and Access to Records a.Recipient shall maintain records and ?nancial documents suf?cient to evidence compliance with section 603(c)of the Act,Treasury’s regulations implementing that section,and guidance issued by Treasury regarding the foregoing. b.The Treasury Of?ce of Inspector General and the Government Accountability Of?ce,or their authorized representatives,shall have the right of access to records (electronic and otherwise)of Recipient in orderto conduct audits or other investigations. c.Records shall be maintained by Recipient for a period of ?ve (5)years after all funds have been expended or returned to Treasury,whichever is later. 5.Pre-award Costs.Pre-award costs,as de?ned in 2 C.F.R.§200.458,may not be paid with funding ?‘om this award. 6.Administrative Costs.Recipient may use funds providedunder this award to cover both direct and indirect costs. 8.Con?icts of Interest.Recipient understands and agrees it must maintain a con?ict of interestpolicyconsistentwith2C.F.R.§200.3 l8(c)and that such con?ict of interest policy isapplicabletoeachactivityfundedunderthisaward.Recipient and subrecipients mustdiscloseinwritingtoTreasuryorthepass-through entity,as appropriate,any potentialcon?ict of interest affecting the awarded funds in accordance with 2 C.F.R.§200.1 12.22 Agenda Item #8C.13 Sep 2021Page 75 of 101 9.Compliance with Applicable Law and Regulations. a.Recipient agrees to comply with the requirements of section 603 of the Act,regulations adopted by Treasury pursuant to section 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b.Federal regulations applicableto this award include,without limitation,the following: i. iii. iv. vii. viii. Uniform AdministrativeRequirements,Cost Principles,and Audit Requirementsfor Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicableto this Award and subject to such exceptions as may be otherwise provided by Treasury.Subpart F —Audit Requirements of the Uniform Guidance,implementingthe Single Audit Act,shall apply to this award. Universal Identifier and System for Award Management (SAM),2 C.F.R.Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporatedby reference. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporatedby reference. OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement),2 C.F.R.Part 180,including the requirementto include a term or condition in all lower tier covered transactions(contracts and subcontractsdescribed in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury’s implementingregulation at 31 C.F.R.Part 19. Recipient Integrity and Performance Matters,pursuant to which the award terrn set forth in 2 C.F.R.Part 200,Appendix X11 to Part 200 is hereby incorporatedby reference. GovernmerrtwideRequirementsfor Drug-Free Workplace,31 C.F.R.Part 20. New Restrictionson Lobbying,31 C.F.R.Part 21. Uniform RelocationAssistance and Real Property AcquisitionsAct of 1970 (42 U.S .C. ix.Generally applicablefederal environmentallaws and regulations.c.Statutes and regulations prohibiting discrimination applicable to this award include,without linritation,the following:i.Title VI of the Civil Rights Act of 1964 (42 U.S.C.§§2000d et seq.)and23 Agenda Item #8C.13 Sep 2021Page 76 of 101 10. Treasury’s implementing regulations at 31 C.F.R.Part 22,which prohibit discriminationon the basis of race,color,or national origin under programs or activitiesreceiving federal financial assistance; The Fair Housing Act,Title VIII of the Civil Rights Act of 1968 (42 U.S.C.§§ 3601 et seq.),which prohibits discrimination in housing on the basis of race, color,religion,national origin,sex,familial status,or disability; Section 504 of the Rehabilitation Act of 1973,as amended (29 U.S.C.§794), which prohibits discrimination on the basis of disability under any program or activity receiving federal ?nancial assistance; iii. The Age Discrimination Act of 1975,as amended (42 U.S.C.§§6101 et seq.), and Tr‘easury’s implementing regulations at 31 CFR.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance;and iv. v.Title II of the Americans with Disabilities Act of 1990,as amended (42 U.S.C. §§12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalitiesor agencies thereto. Remedial Actions.In the event of Recipient’s noncompliancewith section 603 of the Act, other applicablelaws,Treasury’s implementingregulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R.§200.339.In the case of a violation of section 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in section 603(e)of the Act. 11.Hatch Act.Recipient agrees to comply,as applicable,with requirements of the Hatch Act (5 12. U.S.C.§§1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including ?nes,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. following language:“This project [is being][was]supported,in whole or in part,by federalawardnumber[enter project FAIN]awarded to [name of Recipient]by the U.S.DepartmentoftheTreasury.”14.Debts Owed the Federal Government.a.Any funds paid to Recipient (1)in excess of the amount to which Recipient is finallydeterminedtobeauthorizedtoretainunderthetermsofthisaward;(2)that are24 Agenda Item #8C.13 Sep 2021Page 77 of 101 determinedby the Treasury Of?ce of Inspector General to have been misused;or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b.Any debts determined to be owed the federal govermnent must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date speci?ed in Treasury’s initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph l4(a).Treasury will take any actions available to it to collect such a debt. 15,Disclaimer. a.The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injrny,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract,or‘subcontract under this award. b.The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. a.In accordance with 41 U.S.C.§4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and speci?c danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract (including the competition for or negotiation of a contract)or grant. b.The list of persons and entities referenced in the paragraph above includes the following: i.A member of Congress or a representativeof a committee of Congress; ii.An Inspector General; iii.The Government AccountabilityOffice; iv.A Treasruy employee responsible for contract or grant oversight or management; v.An authorized official of the Department of Justice or other law enforcement agency; v1.A court or grand jury;or subcontractor who has the to ormisconduct.c.Recipient shall inform its employees in writing of the rights and remedies provided underthissection,in the predominantnative language of the workforce.17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 25 Agenda Item #8C.13 Sep 2021Page 78 of 101 12, 19217 (Apr.18,1997),Recipient sl1ouldencourage its contractors to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company- owned,rented or personally owned vehicles. 18.Reducing Text Messaging While Driving.Pursuant to Executive Order 13513,74 FR 51225 (Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establishWorkplace safety policies to decrease accidents caused by distracted drivers. 26 Agenda Item #8C.13 Sep 2021Page 79 of 101 Page 80 of 101 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance 20-21-161 SUBMITTED BY:Melissa Burns,Director of Finance TODAY’S DATE:September 1,2021 MEETING DATE:September 13,2021 BACKGROUND:Each ?scal year the City Commission is required to adopt a budget by ordinance which requires two public hearings.Prior to these hearings,the City Manager presented a proposed budget to the Commission who held two public workshops to review with staff and make adjustments.The proposed budget is funded using the millage rate of 3.2285 mills,which is the same millage rate as Fiscal Year 2021. BUDGET:Proposed Fiscal Year 2021-2022 Budget with total expenditures of $54,574,112 RECOMMENDATION:Pass Ordinance 20-21-161 on first reading ATTACHMENTS:Ordinance 20-21-161 LINK:FY2022 Proposed Budget Online Version REVIEWED BY CITY MANAGER:W4..1 M Agenda Item #9A.13 Sep 2021Page 81 of 101 ORDINANCE NO.20-21-161 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,2021 AND ENDING SEPTEMBER 30,2022. WHEREAS,the City Commission of the City of Atlantic Beach,Florida,on September 13, 2021 held a public hearing as required by Florida Statute 200.065;and WHEREAS,The City Commission of the City of Atlantic Beach,Florida,set forth the appropriations and revenue estimates for the budget for Fiscal Year beginning October 1,2021 and ending September 30,2022 in the amount of $54,574,112. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMNIISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA,that; 1.The Fiscal Year 2021-2022 budget be adopted,and 2.This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 13"‘day of September,2021. Passed by the City Commission on second and ?nal reading this __day of September,2021. Ellen Glasser Mayor/Presiding Officer Approved as for form and correctness: Brenna M.Durden City Attorney Donna L.BartleCityClerk Agenda Item #9A.13 Sep 2021Page 82 of 101 CITY OF ATLANTIC BEACH CITY C()l\’[l\/IISSI()N IVIEETING STAFF REPORT AGENDA ITEl\/I:Coinp21—O00l (Future Land Use Map Arnendinent)and Ord.No . 90-21-245 SUBIVIITTEI)BY:Amanda Askew,Direetor of Planning and community TODAY’S DATE:August 27,2021 l\’IEETING DATE:September 13,2021 BACKGROUND: On August 23”‘Coxntnission approved on first read the request to change the future landusemap designation for 275 sail?sh Drive from‘:Residential Low (RL)and Residential Medium Dens ity (RM) to Residential High Density (RH).Future land use designations are set forth on the Landuse Map (FLUIVI)of the cily’s Cornprehensive Plan.Among other things,FLUM set residential densities (dwelling units per acre)in order to provide for appropriate la n d develo pmentwithintheeity. The subject property was developed as a 32 unit apartrnent complex in 1975 prior totheFLUIVI designations,which were adopted in the 19905 with the city’s first Comprehensive Plan. The city has three residential FLUIVI de si gn ati on s; Low Density (RL),Medium Density ( R M ), andHigh Density (RH): *Residential Low Density (RL)perrnits uptosix(6) dwelling units Qer acre. *Residential Medium Density (RM)pe rm its upto fourteen (14)dwelling units per acre. *Residential High Density (RH)permits uptotwenty §20)dwelling units gar acre. The subject property is 1.89 aeres i n size , withthe majority or the site (~1.74 aeres)designat ed asRLand a small portion designated as RM (~o.1s aeres) , whieh 2 -~it'~hl l2tt-l~.-'d t'l ‘t11dFutureLanduseDesignations:::",,.::;:;.:t'gA:8 ‘:1;:':;:e. .r:'.: :;:.: :::a :: ‘Rosrden?a.Low Density (RL)“legally non—conl"or1ning”since the ofunits up [D St,‘‘S,dwemng “"33 per acre (32)exceeds the nurnber currently allow ed (12).Legal noneconforrning uses,such as this,a r e allowedto _ R°s“‘°""°'""°“‘""'°°"5"V ‘RM’continue (“gra11dfzithered”)as is,however theymaynotseven(7)to fourteen (14)dwelling unlts per acre be relocated or expanded. K Residential Hlgh Density (RH) Fi?esr-<15>¢o Iwentyizmdwellins ur-us peracre The applicant has recently purchased proper ty and Agenda Item #9B.13 Sep 2021Page 83 of 101 plans to remodcl/renovate the apartment buildings.The city communicated to the applic ant thatthesite is nor|—coI1fol'rning due to the nulnber of residential units.While the property can continu e tobeusedas is,any potential additions (including accessory structures)would not be allowed and w o u l d requirea FLUIVI amendment and a rezoning.The applicant has chosen to apply for a FLIJIVI ame nd men t priorto a rezoning I'3qUCSl. The applicant is requesting to amend the FLUJVI designation or the property to RH,whic h wouldpermit a total or 37 units on the site (1.89 acres x 20 units per acre).This requested amendment wouldmake the existing number or.-esidcntial units (32)conforrrling. ANALYSIS FLUIVI amendment applications should be reviewed and evaluated for consistency w it h thegoa, objectives and policies orthe Colnprehensivc Plan.Below are applicable goals and obj ecti ves fron-lthe comprehensive Plan: Goal AJ “The city shall manage growth and redevelopment in a manner,which results inapatternof land uses that:1)encourages.creates and maintains a healthy and aesthetically plea sing built environment,2)avoids blighting intluences,3)preserves and enhances coastal,environln erllal, natural. historic and cultural resources,4)maintains the City’s distinct residential community charact er, 5) provides for reasonable public sarety and security frorn hazardous conditions associated withcoastal locations,6)that provides public services and facilities in a timely and cost effective m an ne r. and7) that encourages energy erticiency and the use ofrenewable energy resources." objective A.l.5.sound Development Patterns.“The city shall maintain development pat ter ns, which 1)prevent blighting in?uences and eliminate nonconforrning uses-,2)foster div ers e andstable neighborhoods;3)protect coastal and environmental resources;4)provide proper loca tion s forpublic facilities and utilities and energy—crricient land use patterns,and 5)which encourage healthyand aesthetically pleasing living lconditions.” ()bjective A.l.l0.Surrounding Land Uses.“The city shall continue to maintain adevelo pmentcharacter,which is compact in form,orderly in its land use pattern,and diversiricd in i t tnaltc up soas to ensure employment opportunities,affordable housing,a pleasant living environmen t, andcost- effective and energy cmcient public services.” objective A.l.1l Appropriate Land use Patterns “The city shall provide ror land develo pmentandredevelopmentinancf?cicnv.manner,which supports the land use designations as setforthwithin the 2030 Future Land Use Map;which cnrorces the residential densities and the limit ation s uponthe type and intens y or uses,and which results in development appropriate to the sensitive co as tal location or the city,pr 'cularly with respect to the predominantly residential character and smal l_ town scaleof the City.” REQU [RED ACTION '‘he community Development Board voted to recommend approval of comp pl-an applica tion andthe associated ordinance. Con-lnaission will review the:rcconnnendation and hold two public hearings.to consider trequestand associated ordinance.Agenda Item #9B.13 Sep 2021Page 84 of 101 City commission,by ordinance,rnay amend the FLUIVI designation of said property,or itn1aydenythe request.In the case ofdenial,the oily cornrnission shall lherea?er take no further action onanother application for substantially the same proposal,on the sarne propsrty,until after three sixty— ?ve (355)days from the date of the denial. BUDGET:none RECOMMENDATION:Review and vole on Co1np21—00Ol and Ord.No.90- 21- 246 for?nal approval. ATTACHNI NT(S):Applicalion ()1‘d.No.90-21-246 Draft Connnunit Development Board DB)rninutes IIEVIEVVED BY CITY NIANAGER:Agenda Item #9B.13 Sep 2021Page 85 of 101 FUTURE LAND USE IVIAI’(FLUl\/I)ABJENDBJENT "'3""“'5""‘"-°F""‘E °""'V city of Auanuc Bench FILE :1 Ccmrnunlly Development Depanmem tam)Seminole Road Auenuc aeach,FL 32233 (P)90442475390 SMALL SCALE DEVELO PNI EMT SITE INFORMATION ADDRESS 275 Snllflsl-I D:cn-v Auanuc Beach STATE FL zn>coDE 322 55 SUBDIVISION Legal Desenpuun Amched BLOCK ll LOT » RE]:1 705794201 0 PARCEL SIZE TOTAL ACREAGE 2 acres CURRENT FLUM DESIGNATION Various ZONING cons PROPOSED FLUM DESIGNATION RESIDENTIAL HIGH DENsn'v FLOOD zoNE x APPLICANT INFORMATION NAME Marshpulnx Mum Farnlly one LLC puous 4:904-353-5501 ADDRESS zzao Marsh Point Rd no 301 cELL 11 crrv Neemne aeaeh snare FL zuz con:32255 EMAIL Ie.nosIwen:evpnses.eom OWNER I:I LEGAL AUTHORIZE D AGEN T nEuuEsr FOR Furuns LAND use MAP tFLuIvI)AuIENDIvIEN-r.Ahnlkanls ar:advised that approval or an amandmnnt meFuture L-nd use Map does not zonstlture approval rcrnssu-nee onny permit or nevelupmenz Order.Us:and development lan d: relate d tacm;land we map amendment,Ir approved.and any zoning ehenge shall be subjcct to eompuance wllh all applkabla loca l Land Davelvpmnnt ncgulauons,any smxe and Fedora!permumng nqmmmems as wen .5 Florida auuaung code vequlrvemlnls ( o r Categor y-c"consmmnun. PROVIDE ALL OF THE FOLLOWING INFORMATION DEscnu=nDN oF PROPOSED USE AND PROPOSED DEVELOPMENT Acnvnrv (ALSO INELUDEANTTCIPATED DEVELOPMENYANDA NYpunsuvsSCHEDULEl. cenunue exmung mgr.denxlly residential use-In me luxure -dd unlu NUMBER OF WEILAND ACRES o |DENT|FV ANY OTHER ENVIRONMENTALLY sENsrnvE LANDS,ANV LISTED on ENDANGERED SPECIES ox HABITATS. Ne:Aware army lDENT1FY ALL PUBLIC AND I=nI~/A1-E SERVICE PROVIDERS or WATER.SEWER.ELECTRIC,soup WASTE,L-rc.PROVIDE E S TI M A T E S OF WATER,SEWER AND soLID WASTE DEMAND. az resldcnklalmulll hmll unlls -xlslln?llnns In.mm-. Clly em I:Banal:an JEA IDEN‘I1FY ANV OTHER ENVIRDNMENTALLV sENsn1vE LANDs,ANY LISTED on ENDANGERED SPECIES on HAHITATS. Nut aware army 22 runms uwo U55/IMENDMEN7-JMALL o7.os.zaI s-Agenda Item #9B.13 Sep 2021Page 86 of 101 zsnwun-en livii>Acr To ADOPTED LEVELOF SERVICE srANDAnDs AS 51-Aausiqso av THE CAPITAL IMPROVEMENTS em me nro s Tl-IE EFFECTIVE COMPREHENSIVE PLAN. NIA APPLICATION PACKAGE CHECKLIST “Additional inrormerion may be required,depending upon circurnsrances unique ta Individual a p pi ic al io ns 1.coven PAGE:Identifying rlre proiecr.‘ 2.TABLE or CONTENYS:Include a iisr ofall exhibils and aueclunen-s. 3.STATEMENT:sraremenr addresilng need and Jusrirlrarion var requesred arnenur-nenr. 4.APPLICATION:This form eompieree In ir-s enrirery, s.us-r or ADJACENT FFIOPERTV owuens AND ENVELOPES:A ilsr or udjacent properlyowners wkhln zaa re er err rre preaerry Including name,rnamng addressann rneir reel esme number iiosareai ar lhe Property Appraiser‘;reeenr zerll?ed rsxreiisy. ineiusie a legal size an-rzlcpe aeriressea ro seen properry owneron rire iisr (do nor inciurle a rerurn addrnss).envelo pernusrecnrsinpropernosreae.mmmu o.Pnao?OF OWNERSHI need or eerrincere by lawyer or abstract or ririe company rile:verines resord owner abo ve.7.LETrER or AUYHDHIZATIDN:irrire apoiicanr is nar rne owner prnvldn a ierrer ofautharlznllnn rrorrr rhe owne risi forappiieanr re reprasanl rile owneris)my all purposes reierea re rrris appllcnllon. a.sunvev nun LEGAL DESCRIPYIDNI currenr survey and legal dessriprlon or aroperry sought re be resonea. 9.LOCATION MAP:General lccnllan mnp wllh proaerry suaiecr ro appiiearion clearly iaenrinerl. 10.sine PLAN:sire plan cenrainine rhe following irenancaisie ro are proposed araiecr raecaunr ter all land lnzluiied ).Nurnlser and ryass orawaiiing unlrswereandsquareleerercornrnercial or lndnslrlal uses Any mds?ng srrucrures and proposed use Any open space,lsurrers and recrearienai areas weriends.slrearns,creeks.laires orany orner warer bodies or Environmentally sensirive Lands Moss recenx serial photogrami orsire and surruundlng isnds Dralnnge and srcmn warer faclllllas and orner inrrssrruclure,Including ingress and egress,inrernai aeeessa na roadw ays 11.REQUIRED NUMBEROFCOPIES E|§hrl8)ctep|as l2.APPLICATION :22:sssimn onMATioN PROVIDED is camu-:l.-r Jenn askkes SIGNATURE OF Al>Pl.l'EAN'i"PRINTOR TYPE NAME ignarure or Property Owner(s)er Aulhollzad Agent( nm?I‘ DAT E srare or pk Q3& SIGNATURE os APPLICANT (2)Palm ORTYPE NAME »rc— Slgned and sworn berore me on riris L day at ?by j?ggm E)g\¢k.4=,Qe W»/“re/rs C4L<:£.% me C/idenrincelion vert?ad: Q/‘(esoerhswor Agenda Item #9B.13 Sep 2021Page 87 of 101 mu...'-sun x-.'—u"-."'.u.—. s 153::£255In.§m. Inn-Ioulvn-@l)u—n\—)u‘I7:v7:- S3!Ill- .-u.‘...‘-.?.“.‘.‘..‘!.‘¥n'n.'-'i‘:‘V'-'1¥.1- _.—au—.v......---uuu ; uunn---—.....-.—-.... v-.1.=‘—'?v'«'.E:‘.‘.‘.".'.'..¥¢‘-’—‘-'—‘-'4'1 .-.u.--....--.—---—.-.. ..-u".‘."'_.-.._..—.--= _.—-..-n._.—.- .n-.u..—.nn.y..-..... mun-u-mun-—.--'F.‘u.‘y?n ......-a-_ nuwnn-|——-; -pun-nun uu-.u-4-—..un-. ..........-.., .--nun-u.—.-..m_“::"".a. mummuamsa'sn/vnvAgenda Item #9B.13 Sep 2021Page 88 of 101 [MAR HPOINT MULTI FAMILY ONE LLC Summary of application for FLUIVI Amendment June 16,2021 275 Sailfish Drive Atlantic Beach,FL 32265 Statement of Facts Property was purchased on 4/2/2021 and was built in the 1970's, There are 32 muiti—family units at the time of purchase. Future plan to include major renovations to the property, Need to update the FLUIVI to match existing conditions.ivlost of the property i sundertheresidentiallowFLUl\/i designation and it does not match existing conditions. Documents provided— 1.Summary 2.FLUlVi application form 3.Survey Contact info- Administrative:Diana Kostas Office No:904-<853—6801 Email —«di<ostas@sk¥ente-rgrises.com Owner:Jean Bakkes Cell No:407-217-3255 Email —iean@skyentergrises.com (904)B53—6801 2300 l\/larsh Point Rd.#301 Neptune Beach,FL 32266 Agenda Item #9B.13 Sep 2021Page 89 of 101 ORDINANCE NO.90-21-246 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL,STATE OF FLORIDA,AMENDING THE FUTURE LAND USE MAP OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL LOW DENSITY (RL)AND RESIDENTIAL MEDIUM DENSITY (RM)TO RESIDENTIAL HIGH DENSITY (RH);PROVIDING FINDINGS OF FACT;REQUIRING RECORDATION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Atlantic Beach,Florida hereby ?nds that the change in future land use enacted by this Ordinance shall provide for orderly growth;encourage the appropriate use of land;protect and conserve the value of property;prevent the overcrowding of land;promote,protect and improve the health,safety,comfort,good order,appearance,convenience, and general welfare of the public;and implement the goals and objectives of the Comprehensive Plan;and WHEREAS,the lands subject to this change in future land use were largelydeveloped priorto signi?cantchangesto the Land DevelopmentRegulationsandthe OfficialZoningMap;and WHEREAS,the Community Development Board held a duly noticed public hearing on July 20,2021,to consider this Ordinance,found it to be consistent with the City’s Comprehensive Plan and voted to recommend that the City Commission approve this Ordinance;and WHEREAS,the City Commission considered this Ordinance after proper public notice and comments from staff and the public. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Findings of Fact.The above recitals are hereby incorporated as Findings of Fact in support of this Ordinance,and the City Commission ?nds as follows: a.This change in land use classi?cation has been fully considered after public hearings with legal notice duly published as required by law and has met the procedural requirements as set forth in Section 24-51 of the Land Development Regulations and Chapter l63,Florida Statues,for small scale map amendments. c.All development within lands subject to this future land use amendment and any futuredevelopmentshallbeconsistentwiththezoning,subdivision,Land Development RegulationsandotherapplicableprovisionsoftheAtlanticBeachCodeofOrdinancespriortoissuanceoflocalpermitsauthorizingconstructionorsitealteration.d.The future land use designation of Residential High Density (RH)is consistent and compatiblewiththesurroundingdevelopmentandzoningdistricts.SECTION 2.Affected Properties.Pursuant to this change in land use designation procedure,theOrdinanceNo.90-19-246 Page 1 of 3 Agenda Item #9B.13 Sep 2021Page 90 of 101 future land use designation of those certain lands within the City of Atlantic Beach,as more particularly described in Exhibit A,attached hereto and made a part hereof,are hereby reclassi?ed from Residential Low Density (RL)and Residential Medium Density (RM)to Residential High Density (RH).This reclassi?cation does not grant authority for any speci?c uses on said lands.Any proposed use on said lands shall be reviewed and approved in accordance with the provisions of Chapter 24,Land Development Regulations. SECTION 3.Future Land Use Map Revised.The Director of Planning and Community Development is hereby directed to revise the of?cial Future Land Use Map of the City of Atlantic Beach to re?ect the change in future land use for those properties described in Exhibit A from Residential Low Density (RL)and Residential Medium Density (RM)to Residential High Density (RH) SECTION 4.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 5.Severability.If a Court of competent jurisdiction at any time ?nds any provision of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading this 23“day of August,2021. PASSED by the City Commission on second and ?nal reading this day of ,2021. CITY OF ATLANTIC BEACH Ellen Glasser,Mayor Atte st : Approved as to form and correctness:Brenna M.Durden,City AttorneyOrdinanceNo.90~19—246 Page 2 of 3 Agenda Item #9B.13 Sep 2021Page 91 of 101 Exhibit A The lands subject to this Ordinance No.90-21-246 changing their future land use designation from Residential Low Density (RL)and Residential Medium Density (RM)to Residential High Density (RH)shall be those described below.All Book and Page information can be found in the current public records of Duval County,Florida. Address RE Number Legal Description 275 Sail?sh Dr.170579-0010 LOTS 580,587,588,589,590,591,AND 592,SECTION NO.1,SALTAIR,AS RECORDED IN PLAT BOOK 10, PAGE 8 OF THE CURRENT RECORDS OF DUVAL COUNTY,FLORIDA AND LOT 17,BLOCK 27, ROYAL PALMS UNIT TWO A,AS RECORDED IN PLAT BOOK 30,PAGES 1,IA,1B,1C,AND ID OF THE CURRENTPUBLIC RECORDS OF DUVAL COUNTY,FLORIDA; TOGETHER WITH A PORTION OF THE CASTRO-Y- FERRER GILANT,SECTION 38,TOWNSHIP 2 SOUTH,RANGE 29 EAST Ordinance No.90-19-246 Page 3 of 3 Agenda Item #9B.13 Sep 2021Page 92 of 101 Prcscn DRAFT IVIINUTES Community Development Board (CDB)IVleeting Tuesday,July 20,2021 —6:00 PlVl Ccnnrnission Chamber Linda Lanier.l\/lclnber Jennirer Lagner,Member Kirk Hansen,CDB Chair James Meyer.l\/Iernber Sylvia Simmons,lvlcxnber Jeff Haynie,Mem be!‘ Absent:Ric|1aI‘d Schooling.Alternate 1\/lelnbel‘ Also Presenl:Abriclle Ge-nest,Planner Brian Broedell,Principal Planner 1.CALL TO ORDER AND ROLL CALL ’I‘hc meeting was called lo order at 6:00 p.n1.by Chair Plansen.Planner Brocd ell toldtheBoard that l)irector Askew and City Atto|'I1ey Bi-cnna Durdcn would not be attending lhismeeting. 2.APPROVAL OF MINUTES A.Approve minutes or the June IS,2021 regular meeting of th e Communit yDevelopmentBoard. 1|l0TIO]V-To AI’l)ROVE the rninutes aflhe June 15.202i Coinlnunity Board Meeting. lllorion:Je_I]'IIaynie Sec(JI1(l:Linda Lnnier Lin (In Lanizr (secomled By)For .IennI_'f'er Lngner For lfirlr flansen For Jrunes Illoyer For Sylvia Sintntons For Jeffnaynie (lllavctl By)For 1|loti0u passed 6 to II. 3.OLD BUSINESS There was no old business. Coxnnlnnity D cv cl np nx cu l mm.-ii(cnn) .:..|y20.2021 Page1oF6 Agenda Item #9B.13 Sep 2021Page 93 of 101 4. Draft NEW BUSINESS A.275 Sail?sh Drive COMP21-0001 (Marshpoint LLC) Request for a Future Land Use Map (FLUM)amendment to change the future land use designation of 275 Sailfish Drive from Residential Low Density (RL) and Residential Medium Density (RM)to Residential High Density (RH) (existing condition]. STAFF REPORT:Planner Broedell presented the information as explained in the staff report.He also provided a PowerPoint presentation.Planner Broedell said that the case would also go before the City Commission. APPLICANT COMMENT:Jean Bakkes introduced himself as the owner of 275 Sail?sh Drive.He explained some of the history and said that he planned to renovate and keep the property as it is due to the cost of redevelopment.Mr.Bakkes is considering redevelopment in 5 to 10 years. PUBLIC COMMENT:Chair Hansen opened the floor to public comment.Carole Schwartz,1857 Tierra Verde Drive,introduced herself.She had concerns that the new apartments might cost too much for the common man and impact the city's density. Christina Wachter,133 Belvedere Street,introduced herself.She was happy to see that the property will be improved and spoke in favor of the request.Chair Hansen closed the floor to public comment. BOARD DISCUSSION:Mr.Haynie didn't see this request as being consistent with the comprehensive plan since the property can continue as is without the requested amendment.Ms.Lanier asked if the property can be renovated without this amendment. Planner Broedell said that was correct.The property can be improved upon without an amendment however it cannot be expanded or add units.Chair Hansen asked if they could add amenities.Planner Broedell said not now but they can with an amendment change since this would be considered expanding a non-conforming use.Mr.Moyer asked if the number of units can be reduced.Planner Broedell said that they can.Ms. Simmons didn't understand the need for an amendment change if the owner wasn't going to build additional apartments.Planner Broedell said that the applicant was interested in redoing the pool,adding some gazebos,etc.The applicant was told that he wouldn't be able to do that because that would be considered expanding a non-conforming use. Planner Broedell said that the City has not received a permit request yet but it has been mentioned. Mr.Bakkes explained that the pool has been removed due to its age and disrepair.He said they may put a pool in the back of the building in the future.Mr.Bakkes said they in order to make changes he would need the amendment change.He explained that hedidn't apply for a zoning change since they don't have plans at this time to build moreapartments.Chair Hansen said that he understood that the owner is restricted under the current usetoaddanyamenitiesandmakeotherchanges.He was in favor of making the propertyCommunityDevelopmentBoard(CDB)July 20,2021Page2of 6 Agenda Item #9B.13 Sep 2021Page 94 of 101 Draft conforming and allow the owner to make the improvements that need to be made.Chair Hansen said it would then give him the oppoitunity to add apartments in the future.Ms. Lanier asked how many properties are there that don't match the current FLUM.Planner Broedell guessed that there are approximately a dozen.She asked if they would be in front of the Board in the future to modify the FLUM if they decide to make changes to their property.Planner Broedell said that was correct.Ms.Lanier spoke in favor of the request.Mr.Haynie asked for clari?cation on how the FLUM amendment would make a difference to whether the applicant could add on to the property.Planner Broedell said that the applicant wouldn't be able to get a variance to expand a non-conforming use.He said it would have to be done through the FLUM or rezoning.This would include accessory structures.Mr.Moyer would have liked to see some plans.Chair Hansen said that in order for there to be an opportunity to add on to this property and have additional amenities he recommends approval of this request. MOTION:To recommend APPROVAL of COMP2l—0001to the City Commission. Motion:Linda Lanier Second:James Moyer Linda Lanier (Moved By)For JenniferLagner For Kirk Hansen For James Moyer (Seconded By)For Sylvia Simmons Against JeffHaynie Against Motion passed 4 to 2. B.372 Ahern Street UBEX21—0004-(869,873,and 877 Charles Allen Drive,LLC, and Ionh F.Glatting,III) Request for a use—by-exception to allow a short term rental within the Central Business District (CBD)zoning district. STAFF REPORT:Planner Genest presented the information as explainedin the staff repoit.She also provided a PowerPoint presentation.She explained that shoit term rentals are treated like hotels in Commercial districts. APPLICANT COMMENT:Wade Hampton,4348 Southpoint Boulevard,Suite 101, Jacksonville was representing the owner and applicant.He explained the current use of the property and how changing the property back to a home would have a positive effect PUBLIC COMMENT:Chair Hansen opened the ?oor to public comment.DebbieTufts,397 Ahern Street,introduced herself.She was concemed about having short termrentalsandaskedtheBoardtoconsiderthisrequestanditsaffectscarefully.Ms.Tuftsaskedifshort—termrentals were even allowed in Atlantic Beach.Chair Hansen said hisunderstandingisthattheyarenot.Joyce Downey introduced herself as a previous ownerandspokeaboutthehistoryoftheproperty.She explained that she just sold the propertyCommunityDevelopmentBoard(CDB)July 20,2021Page3of 6 Agenda Item #9B.13 Sep 2021Page 95 of 101 Page 96 of 101 CITY OF ATLANTIC BEACH OFFICE OF THE MAYOR 800 SEMINOLEROAD www.coab.us May 3,2021 Nathaniel P.Ford,Sr. Chief Executive Officer Jacksonville TransportationAuthority (JTA) 100 LaVilla Center Drive Jacksonville,FL 32204 Dear Mr.Ford: Let me take this opportunity to commend your strong leadership of JTA to meet transportation needs of those in Duval County and the beaches.On behalf of the City of Atlantic Beach,we appreciated your recent visit. During our meeting,I mentioned our desire for one or more additional transit shelters in our City.The basic comforts and protections offered by these shelters is a simple,yet tangible,indicator of the value that we place on people in our community who rely on public transportation. As we examine the composition of our local workforce and the cost/availability of workhouse housing at the beach,it is very clear that public transportation is and will remain a priority.In a February 2020 report by the Shimberg Center for Housing Studies,we learned that most local jobs paying less than $40,000/year at the beaches are ?lled by workers living outside of the beaches area.Speci?cally, l 1,811 workers in these jobs,or 80%of workers,travel to work here from outside the area. In Atlantic Beach,we currently have two transit shelters,one near the Atlantic Village Shopping Center on Atlantic Boulevard,and one near a Mayport Road intersection on Plaza Street.We would appreciate consideration for an additional transit shelter in the 400 block of Atlantic Boulevard,in front of a McDonald’s Restaurant and very close to Beaches Town Center.We have other locations in mind along Mayport Road in the future. Thank you for consideration.If you have questions,,please feel free to contact me at (904)472-6262 len GlasserMayorofAtlantic Beach ATLANTICBEACH,FLORIDA32233-5455 Agenda Item #10A.13 Sep 2021Page 97 of 101 MEMORANDUM OF AGREEMENT BETWEEN JACKSONVILLE TRANSPORTATION AUTHORITY AND CITY OF ATLANTIC BEACH The Memorandum of Agreement (this “Agreement”)is made as of this day of ,202l ,by and between the JACKSONVILLE TRANSPORTATION AUTHORITY,a body politic and corporate created pursuant to Part 11,Chapter 349,Florida Statutes,whose primary business address is 100 LaVilla Center Drive,Jacksonville,FL 32204 (the “Authority”or the “JTA”)and the CITY OF ATLANTIC BEACH,a Florida municipal corporationwhose primary business address is 800 Seminole Road,Atlantic Beach,Florida 32233- 5455 (the “City”).The JTA and the City may hereinafter be referred to singularly as a “Party”or collectively as “Parties.” WITNESSETH WHEREAS,The City desires to have JTA facilitate placement of an additional transit shelter at Stop 4982 in the 400 block of Atlantic Boulevard,in front of a McDonald’s Restaurant and close to Beaches Town Center in the City of Atlantic Beach; WHEREAS,JTA desires to place an additional transit shelter at such location. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties hereby agree as follows: 1.Recitals.The recitals above are true and correct and incorporated herein by this reference. 2.Obligations of the City.The City agrees to: Reimburse JTA for expenses incurred up to the amount of the installation and operational maintenance of the additional transit shelter.Such amount is set forth in Exhibit A to this Agreement. 3.Obligation of the JTA.The JTA agrees to: a.Purchase the shelter amenities for Stop 4982 via an existing contract and be reimbursed by the City. 4.Miscellaneous.a.Entire Agreement.This Agreement fully and completely expresses the agreementofthePartieswithrespecttothematterscontainedhereinandshallnotbemodifiedorfurtheramendedexceptbywrittenagreementexecutedbyeachoftheParties Agenda Item #10A.13 Sep 2021Page 98 of 101 hereto.Any and all riders and exhibits attached to this Agreement are made part of this Agreement for all purposes. b.No Waiver.No provision of this Agreement shall be deemed to have been waived by JTA or City unless such waiver be in writing signed by the waiving Party and addressed to the other Party,nor shall any custom or practice which may grow up between the Parties in the administration of the provisions hereof be construed to waive or lessen the right of JTA or City to insist upon the performance by the other Party in strict accordance with the terms hereof. c.Successors and Assigns.The terms,provisions,covenants,and conditions contained in this Agreement shall apply to,inure to the bene?t of,and be binding upon the Parties hereto,and upon their respective successors in interest and legal representatives,except as otherwise herein expressly provided. d.Partial Invalidity.If any terms of this Agreement,or the application of the term to any person or circumstance is,to any extent,invalid or unenforceable,the remainder of this Agreement,or the application of the term to persons or circumstances other than those as to which the term is held invalid or unenforceable,will not be affected by the application,and each term of this Agreement will be valid and will be enforced to the fullest extent permitted by law. e.Further Assurances.The Parties agree to execute and deliver such other documents and instruments as may be reasonably required to effectuate the purposes of this Agreement. (SIGNATURE PAGE FOLLOWS)Agenda Item #10A.13 Sep 2021Page 99 of 101 IN WITNESS WHEREOF,THE PARTIES HERETO HAVE EXECUTED this Agreement to be effective as of the date first set forth above. CITY OF ATLANTIC BEACH: By: Printed Name: Title: JACKSONVILLE TRANSPORTATION AUTHORITY: By: Printed Name:Greer Johnson Gillis,P.E. Title:SVP/Sgtem Developmentand Cagital Programs APPROVED AS TO FORM: By: Printed Name:Cleveland Ferg_u_§on 111 Title:SVP/Chief Administrative Officer Execute in Triplicate Distribution (electronic): 1.City of Atlantic Beach 2.JTA Contracts,Procurement &Inventory Department y 3.JTA Project Manager —User Department Agenda Item #10A.13 Sep 2021Page 100 of 101 EXHIBIT ‘A’—-REIMBURSABLE EXPENSES .$12,845.00 Tolar Model 12958-02 -10’Standard Market Non-Advertising Shelter w/SmartLink .$180.00 Tolar Model 14814-111 -36"Bike Loop .$510.00 Tolar Model 12096-11 1 -5'Perf Bench,No Back,2 Bars .$1,275.00 Tolar Model 31836-111 -32 Gallon Steel Strap Trash Can w/Dome Lid &Side .$4,600.00 ESTIMATED Freight Agenda Item #10A.13 Sep 2021Page 101 of 101