11-22-21 Draft AgendaCity of Atlantic Beach
Draft Agenda
Regular City Commission Meeting
Monday, November 22, 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
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A. Vision Statement
3.B. Accept the 90 -Day Calendar (December 2021 through February 2022) 5 - 8
90 -Day Calendar - Dec. 2020 - Feb. 2021
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
6. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY
COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE
NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS.
6.A. Acknowledge receipt of the Financial Report as of October 31, 2021. 9 - 13
Financial Report
7. COMMITTEE REPORTS
Page 1 of 104
Regular City Commission - 22 Nov 2021
8. ACTION ON RESOLUTIONS
8.A. RESOLUTION NO. 21-61
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA; ADOPTING A COMPLETE STREETS POLICY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Resolution No. 21-61
8.B. RESOLUTION NO. 21-62
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING STATE LEGISLATION TO CLOSE LOOPHOLES AND CREATE
STANDARDS IN CURRENT LAW EXEMPTIONS FROM MUNICIPAL TREE
ORDINANCES THAT HAVE CAUSED LITIGATION AND ABUSES, INCLUDING THE
CLEAR -CUTTING OF LAND PRE -DEVELOPMENT AND THE REMOVAL OF HEALTHY
TREES THAT PRESENT LITTLE, IF ANY, RISK TO PERSONS OR STRUCTURES;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
FLORIDA GOVERNOR, THE CITY OF JACKSONVILLE, THE FLORIDA LEAGUE OF
CITIES, AND THE DUVAL COUNTY DELEGATION OF THE FLORIDA LEGISLATURE,
FOR DISTRIBUTION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Resolution No. 21-62
8.C. RESOLUTION NO. 21-68
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO
EXECUTE CITY OF JACKSONVILLE FEDERAL SUBRECIPIENT AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
Resolution No. 21-68
8.D. RESOLUTION NO. 21-70
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING
RENEWAL OF EMPLOYEE HEALTH INSURANCE, AS WELL AS OTHER INSURANCE
BENEFIT PLANS PAID FOR BY EMPLOYEES, AND AUTHORIZE THE CITY MANAGER
TO EXECUTE ALL RELEVANT DOCUMENTS.
Resolution No. 21-70
8.E. RESOLUTION NO. 21-73
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING A THREE
YEAR CONTRACT FOR BANKING SERVICES WITH BANK OF AMERICA AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING
AN EFFECTIVE DATE.
Resolution No. 21-73
8.F. RESOLUTION NO. 21-75
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING STATE LEGISLATION THAT RESTORES AUTHORITY TO
LOCAL GOVERNMENTS FOR THE REGULATION OF SHORT-TERM RENTAL
PROPERTIES AS NECESSARY FOR QUALITY OF LIFE, PUBLIC SAFETY AND A FAIR
LODGING MARKETPLACE; SUPPORTING STATE LEGISLATION CLARIFYING THAT
15-32
33 - 35
37-61
63 - 65
67-83
85 - 86
Page 2 of 104
Regular City Commission - 22 Nov 2021
EXISTING, GRANDFATHERED MUNICIPAL SHORT-TERM RENTAL ORDINANCES
CAN BE AMENDED WITHOUT PENALTY; AND OPPOSING STATE LEGISLATION
THAT PREEMPTS MUNICIPAL AUTHORITY AS IT RELATES TO THE REGULATION OF
SHORT-TERM RENTAL PROPERTIES; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Resolution No. 21-75
8.G. RESOLUTION NO. 21-76
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING STATE LEGISLATION TO AUTHORIZE CITIES AND COUNTIES
TO RESTRICT SMOKING IN PARKS, ON BEACHES, AND IN OTHER PUBLIC SPACES;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. 21-76
8.H. RESOLUTION NO. 21-77
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING STATE LEGISLATION TO ADDRESS GROWING CONCERNS
ABOUT PER- AND POLYFLUROALKYL SUBSTANCES (PFAS) IN SOIL AND WATER;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. 21-77
8.1. RESOLUTION NO. 21-78
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ESTABLISHING THE MAYOR'S COUNCIL ON HEALTH AND WELL-BEING,
A SELECT COMMITTEE; PROVIDING GUIDELINES FOR THE SELECT COMMITTEE;
CONFIRMING APPOINTMENTS TO THE SELECT COMMITTEE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. 21-78
9. ACTION ON ORDINANCES
9.A. ORDINANCE NO. 20-21-162, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING
SEPTEMBER 30, 2021, AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 20-21-162
9.B. ORDINANCE NO. 95-21-120, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER
5 OF THE ATLANTIC BEACH CODE OF ORDINANCES, BEACHES AND PARKS, TO ADD
NEW SECTION 5-5, PROHIBITION OF THE USE, SALE OR DISTRIBUTION OF
POLYSTYRENE FOAM PRODUCTS ON CITY PROPERTIES AND THE BEACH, TO
PROVIDE DEFINITIONS AND RENUMBER THE SUBSEQUENT CODE SECTIONS;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Ordinance No. 95-21-120
87-88
89 - 90
91-93
95 - 98
99-104
Page 3 of 104
Regular City Commission - 22 Nov 2021
10. MISCELLANEOUS BUSINESS
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, Florida 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 4 of 104
Agenda Item #3.B.
22 Nov 2021
CITY OF ATLANTIC BEACH
CITY COMMISSION MIXTING
STAFF REPORT
AGENDA ITEM: 90 -Day Calendar for the Mayor and Commission
SUBMITTED BY: Yvonne Calverley, Executive Assistant to the City Manager
TODAY'S DATE: October 28, 2021
MEETING DATE: November 22 2021
BACKGROUND: The 90 -day calendar is included on the agenda for the purpose .of setting
meeting dates and determining the location, time and whether to
videotape special meetings and workshops.
The rolling 90 -day calendar will be revised after receiving input how
City staff and the Commission, and will be included in each agenda for
consideration.
BUDGET: None
RECOMMENDATION: Approve the 90 -Day Calendar for December 2021 through February 2022.
ATTACHMENT: 1) Mayor and Commission 90 -Day Calendar (December 2021 through
February 2022)
REVIEWED 13Y CITY MANAGER:
Page 5 of 104
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Agenda Item #6.A.
22 Nov 2021
CITY OF ATLANTIC BEACH
FINANCIAL REPORT
AS OF OCTOBER 31, 2021
(8% OF YEAR ELAPSED)
Y -T -D Total Citywide Budget
Revenues
Use of Fund Balance
Expenditures
Revenues + Fund Balance - Expenditures
On October 5, we received the 1st tranche of the American Rescue Plan
Act Funds, which is why the revenues are so much higher than
Budget
$44,278,960
5 8,677,695
552,956,655
5
Year -to -Date
$ 7,968,309
3,726,821
$ 4,241,488
18.0%
7.0%
Resource Allocation
Personnel Services
Operating Expenses
Capital Outlay
Debt Service
Transfers
Cpitit Outtay, 1,44)9,771
Budget .Year -to -Date
12,209,446 11,698,035 95.8%
17,586,503 116,238,104) -92.3%
10,780,353 1,609,721 14.9%
2,194,694 2,176,520 99.2%
4,698,981 4,480,649 95.4%
Resources Expended
Page 9 of 104
Agenda Item #6.A
22 Nov 2021
CITY OF ATLANTIC BEACH
GENERAL FUND
I Fun
Revenues
Taxes
Licenses, Permits, Fees
Intergovernmental Revenue
Charges for Services
Fines EtForfeitures
Interest
Pispostion of Fixed Assets
Miscellaneous
Interfurid Transfers in
Contributions from Enterprise Funds
Total Revenues
Budget Year -to -Date %
7,956,693 17,748 0.2%
9I5,700 5,213 0.6%
2,194,4I9 42,356 1.9%
2,618'109 149,414 5.7%
51,375 51,750 100.7%
200,000 (66,]02) '3I2%
75.000 0.0%
9,525 77 0.8%
928'043 76,737 8.3%
1,173,495 97,792 8.3%
16,075,169 $ 374,785 2.3%
Expenditures Budget Year -to -Date _ %
Governing Body 57'044 6,672 11.7%
City Administration 3,267100 189,887 5.8%
General Government 1,089,241 199,325 18]%
Planning 366,156 21'002 5.7%
Public Safety 7']97,]37 283.526 3.8%
Public Works 3,327,272 87.796 2.6%
RecneadnnPno8mnm/Events 571.363 27.094 4.7%
Total Expenditures /6,075'519 815,301 5.1%
Year -To -Dc e General Fond Expel-KW:Imes
Recreation
Programs/Events,
27,09,1
Politic Works, 87,nm
Govwoing Body,
General Qovernment,
179,325
Planning, 21 ,C102
Page 10 of 104
CITY OF ATLANTIC BEACH
SPECIAL AND ENTERPRISE FUNDS
REVENUES /140 EXPENDITURCS
. _ 8ppelttilleVerlDeltin4S.. .. '
Budget Year -to -Date % Revenues Budget Year -to -Date 2,851,135 3,505,822 123,06 Fees ft Permits 461,350 38,674
3,483,992 290,333 8.,16 Miscellaneous 94.225 8204,
Total Revenues 6,335,127 3,796.155 59,9% Total Revenues $ 555,575 $ 46,878
Expenses
Expenditures 6,570,859 102,276 1.66 ProtertiVeinsper.tions
Transfers Out 5,678,559 468,213
Total Expenditures 5 12,189,418 5 570,489
Revenues
Transfers 111
Agenda Item #6.A.
22 Nov 2021
4,7%
Water Fetid
Revenues Budget Year -to -Date
Cliarges for Services 3,783,805 354,112
Miscellaneous 143,000 128,620f
Transfers In 796,000 66,333
Total Revenues 5 4,722,805 S 391,825
Expenses
Expenses 5,673,759 160,642
Debt Service 553,072 482,747
Transfers 494,527 28.790
Total Expenses $ 6,721,358 $ 672,180
Water System Dev Fees
Revenues t Fees a Permits
Transfers Out
150,000 16,595
56
9.46,
20„05;
13.36
8,3%
Revenues
575,519
Sewer Feel
Budget
8,43;
8.70
8,4%
29,469 5,156
Yearttn-Date
State Grant 0.0E1.
Chaigus for Services 5,851,070 540,330 9.26
Miscellaneous 50,000 55,360 110 r.;
Transfers In 925,000 77,083 836r
Total Revenues $ 6,828,070 5 672,773 9.956
2.86 Expenses
87.36 Expenses
5.66 Debt Service
6,171,955 107,540 5,06
1,262.112 717,225 56.80.
10.0% Transfers Out 875,435 72.953 8.36
Total Expenses $ 8,309,502 $ 1,097,717 13.2%
11.16
0,051
Stemmata(' Peed . . •
Budget year-to'Date % Revenues Budget Year -to -Date %
2,300,000 0.06 Taxes 136,477 0.06
894,998 74,656 8.36 Miscellaneous 484,579 635,611 131.21
1,471 (16,815i 1143.16 Contlbut)ons 777,372 62,043 8,01
112,000 34,333 8,1% Total Revenues $ 1,398,378 5 697,714 49,99.
Total Revenues $ 3,608,469 $ 92,175 2.656 Expenses
Expenses Administration 94,766 16,355 17,R,
Flood Control 3.514,180 57,445 1.66 Pension Benefits 787,003 55,802 7.1`)
Debt Service 724,483 179,306 7936 Total Expenses $ 881,769 $ 72,157 8,7%
Revenues
Intergovernmental HPvenue
Cliarges for Services
Miscellaneous
Transfers 1n
Sewer System Dev Fees
Revenues t Fees ft Permits
Transfers 0111.
Budget Year -to -Date 9.
300,000 551.493 183.816
0.0%
NiatetleeO.TeeeOttIfte#eteteaaafeataleeeeleeeaaeaeI
Transfers Out 477.000 39,750 836
Total Expenses $ 4,215,663 776,501 6.656
Revenues
11e75 9 Permits
Cilarges for SP1Nic:CS
Taal Revenues
......................11,111110$11#1ItilIORIIIVISrefeellAttattailIt4igalEtittlifflatlliiillill11111111111.1111
eastese,
Budget Yearto-Date % Revenues Budget
88,500 4-11,750 14,46 Miscellaneous 991,491
2,114,000 148,909 7,00 Centibutions 1,111,376
$ 2,202,500 $ 161,659 7.356 Total Revenues S 7,107,867
Expenses Expenses
Expenses 2,095,115 75,037 1,25 Administration 137,911 21,983 18.16
Transfers Our 339,584 28,299 8,3% Pension Benefits 1,415,257 114,680 8.116
Total Expense's S 2,434,719 $ 53,336 2,2% Total Expenses $ 1,553.168 $ 139,669 9.056
Year -to -Date 9.
1,068,433 107,816
97,825 8.8%
1,166,258 55,556
Page 11 of 104
�k1�� OF ATLANTIC ����A
CITY . -, , �-..` . .~ ~^-..~. .MISCELLANEOUS INFORMATION
Total Revenues Reccived in FY2O
Total Revenues Received 1npY21
October 2021
November 2021
December 2021
January 2022
Fehvnary2O72
March 2022
April 2022
May 2022
June 2022
July 7077
August 2022
September 2022
Total
Location:
Beginning Fund Balance
Revenues (Oct through August)
Expenditures (Oct through August)
Ending Fund Balance
13
Agenda Item #6.A
22 Nov 2021
$ 57`821.75
66,595.16
5119,417.91
July August September
Lemon/1st St. 51.029.35 1.310.25 5 1,187.40
Ocenn61vd/Ahen 3^140.45 3.591.80 2,750]5
Meter >D]68O0OO2 ].]50.20 2.506.00 3.645,00
Meter ID 363300003 1.204.00 1,260.00 388.00
58,724.D1 5 8,666.05 5 7,970.95
$116.07n.V2
8,545,00
24,616.82
OctOsage Fee
- Jan
Special Events
Miscellaneous Recreation Charges
Flag Football
Summer Camps
Art Shows
Facility Rental
Dog Park
FY19
FY%1
50.00 5 ' $ 80.00 555.00
520.00 480.00 10.00
7,490,00 678.00
4,725.00 4,450.00 0.25
19'200.00 22'950.00 35,500.50 3`175.00
6,885.00 3'745.00 11,315.00 330.00
Page 12 of 104
CITY OF ATLANTIC BEACH
FINANCIAL REPORT
Fund
General
Community Development Block Grant
Tree Replacement
Pay for Parking Revenue Fund
Convention Development Tax
Local Option Gas Tax
Better Jax 1/2 Cent Sales Tax
Police Training, Forfeiture, Grants, Ltc.
Community Redevelopment
Debt Service
Capital Projects
Water
Sewer
Sanitation
Building Code Enforcement
Stormwater
Pension - Police
Pension - Genera(
Total
Total Restricted Cash
Total Unrestricted Cash
eii*sh‘13ilenres
Prior 9/30/71
--$ 8,039,412
(97„907)
116,072
107,771
157,872
(201,897)
1,375,465
141,733
(3,140)
((9,849)
2,171,675
7,942,656
5,093 ,179
853,777
331,523
512,849
16,495,760
26,430,601
$ 69,447,501
Current
10/31/21
7,267,022
(97,907)
124,617
113,838
129,864
(200,785)
1,321,497
143,707
13,527
(11(,865)
2,455,505
7,577,855
4,987,974
687,122
336,140
313,405
17,259,157
27,457,189
5 69,777,861
5 52,267,807
5 17,510,054
Dollar Change
5 (772,390)
8,545
6,068
(28,00)3)
1,117
(53,968)
1,973
16,667
(92,015)
283,829
(364,8011
(105,195)
(166,654)
4,617
(199,444)
763,397
1,026,588
330,359
ASKAND INVE ElTS
Account
Bank of America Depository
Corporate Fixed Income -Morgan Stanley
Government Securities - Morgan Stanley
Cash, BDP, MME - Morgan Stanley
SBA - Florida Prime
Cash On Mand
Police Pension Investments
General Pension Investments
Subtotal
Subtotal
Total
Prior Current
9/30/21 10/31/21 Dollar Change
$ 10,691,027 $ 12,627,305 $ 1,936,278
5,331,055 5,325,095 (5,960)
11,759,201 11,719,618 (9,583)
266,273 176,218 (90,025)
24,564 24,564
3,950 3,950
$ 28,076,070 5 29,906,780 $ 1,830,710
5 15.453,586 $ 16,063,262 $ 609,676
26,559,727 27,607,681 1,047,954
$ 42,013,313 5 43,670,943 $ 1,657,630
5 70,089,382
$ 73,577,723 $ 3,488,340
Agenda Item #6.A.
22 Nov 2021
Page 13 of 104
Page 14 of 104
Agenda Item #8.A.
22 Nov 2021
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Resolution No. 21-61
SUBMITTED BY: Amanda Askew, Director of Planning and Community Development
TODAY'S DATE: November 2, 2021
MEETING DATE: November 22, 2021
BACKGROUND: Complete streets is a transportation policy and design approach that
requires streets to be planned, designed, operated, and maintained to enable safe, convenient and
comfortable travel and access for users of all ages and abilities regardless of their mode of transportation.
It integrates people and place in thc planning, design, construction, operation, and maintenance of our
transportation networks. This helps to ensure streets put safety over speed, balance the necds of different
modes, and support local land uses, economies, cultures, and natural environments.
The approved Connectivity Plan has many elements found in complete streets and several of the projects
are funded in the upcoming budget years. The city has also constructed/installed many complete streets
type of improvements (multi -use paths, enhanced crosswalks, intersection improvements, etc.)
throughout the city.
This resolution will provide a formal policy/framework for staff to use to review and determine if'
complete street elements should be added to future roadwork projects or a particular areas of thc city.
The policy also recommends annual review of the Connectivity Plan. This Resolution will accomplish
one of the 2021 Commission's priorities. "Developing a complete -streets policy that promotes safe
automobile, bicycle and pedestrian travel ways".
The complete streets policy requires transportation projects (i.e. road repaving, restriping, repairs, etc.)
bc reviewed by multiple city departments including the planning and community development
department, public works, engineering, police department and consultants (as needed). It also requires
coordination with citizens and Commission to ensure consistency with existing plans (Connectivity Plan,
Parks Master Plan, Comprehensive Plan, etc.) or review of areas in need of complete street elements.
The policy has several steps to insure implementation and provides some exceptions to the policy
(absence of need, disproportional cost, etc.). It also provides for performance measures and annual
reporting to evaluate whether we arc adequately serving the needs of the community.
To ensure all projects are reviewed equally, staff has created review criteria checklist for each project.
This will allow multiple elements to be taken into consideration during the review process. The checklist
requires review of several factors including environmental context and connections, constraints, parking,
ADA accessibility, streetscaping, etc.
Page 15 of 104
Agenda Item #8.A.
22 Nov 2021
Not all complete streets reviews improvements can be triggered by roadway projects or identified by
staff: There [Ore, staff has developed an applicalion and review criteria to he used by residents who wish
to have their neip,hborhoodistreet considered for complete streets elements, 'l'h is VIII allow opportunities
for non -staff initiated review °Ian arealstreet.
BUDGET: To he determined on an annual hasis
RECOMMENDATION: Commission approve Resolution No, 21-61
ATTACH MENT(S):
Resolution No, 21-61
Ixhihi A
Complete streets stalIchcckIist
Application for complete streets
REVIEWED BY CITY MANAGER:
Page 16 of 104
Agenda Item #8.A.
22 Nov 2021
RESOLUTION NO. 21-61
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA; ADOPTING A COMPLETE
STREETS POLICY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, safe, convenient, and accessible transportation for all users is a priority of
the City of Atlantic Beach; and
WHEREAS, the term "Complete Streets" describes a comprehensive, integrated
transportation network with infrastructure and design that allow safe and convenient travel along
and across streets for all users, including pedestrians, bicyclists, persons with disabilities,
motorists, movers of commercial goods, uscrs and operators of public transportation, seniors,
children, youth, and families; and
WHEREAS, the lack of Complete Streets is dangerous for pedestrians, bicyclists, and
public transportation riders, particularly children, older adults, and persons with disabilities; on
average, a pedestrian was killed every two hours and injured every seven minutes in traffic
crashes in 2012; and
WHEREAS, Complete Streets improve public health and safety by reducing the risk of
injuries and fatalities from traffic collisions for users of all modes of transportation;
WHEREAS, streets that arc designed with the safety and convenience of pedestrians and
bicyclists in mind increase the number of people walking and bicycling; and
WHEREAS, a balanced transportation system that includes Complete Streets is
conducive to streets that are lively with people walking and bicycling to everyday destinations,
such as schools, shops, restaurants, businesses, parks, transit, and jobs, which in turn enhances
neighborhood economic vitality and livability; and
WHEREAS, encouraging people to walk, bicycle, and use public transit saves energy
resourccs, reduces air pollution, and reduces emissions of global warming gases; and
WHEREAS, Complete Streets encourage an active lifestyle by creating opportunities to
integrate exercise into daily activities, thereby helping to reduce the risk of obesity and its
associated health problems, which include diabetes, heart disease, high blood pressure, high
cholesterol, as well as certain cancers, stroke, asthma, and depression; and
WHEREAS, in light of the foregoing benefits and considerations, the City of Atlantic
Beach wishes to improve its commitment to Complete Streets and desires that its streets
form a comprehensive and integrated transportation network promoting safe, equitable, and
convenient travel for all users while preserving flexibility, recognizing community context, and
using the latest and best design guidelines and standards.
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Agenda Item #8.A.
22 Nov 2021
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic
Beach as follows:
SECTION 1. The City of Atlantic Beach adopts the Complete Streets Policy
("Policy") attached hereto as Exhibit A, and made part of this Resolution.
SECTION 2. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,
Florida at a regular meeting duly called and held this day of , 2021.
Approved as to form, sufficiency
and correctness:
By:
Brenna M. Durden
City Attorney
ATTEST:
By:
Donna L. Bartle
City Clerk
2
CITY OF ATLANTIC BEACH, FLORIDA
By:
Ellen Glasser
Mayor
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EXHIBITS
TO
RESOLUTION
Exhibit A — City of Atlantic Beach Complete Street Policy
Agenda Item #8.A.
22 Nov 2021
Page 19 of 104
COMPLETE STREETS POLICY
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A. DEFINITIONS
Agenda Item #8.A
22 Nov 2021
'Complete Street' nieins a street or rodwiy that ariows safeand corivenent travel b all 01 the
following categories of users: pedestrians, bicyclists, people with disabilities, motorists, movers
of commercial goods, users and operators of public transportation, seniors, children, youth, and
"Connective Plan Area" means project i6ent0edinthe Connective Plan approved byCommission
nnMay 2U'ZO2Iand asamended'
"Transportation Project" means any development, project, program, or practice that. affects
the transportation network or occurs in the public right-of-way, including any construction,
reconstruction, ,etroMt dQna|ization operations, resurfacing, restriping, rehabilitation,
maintenaiice (ecIuding routine maintenance that does not chane the roadwaygeornetryor
operations, such as mowing, sweeping, and spot repair), operations, alteration, and repair of any
public street or roadway within the City of Atlantic Beach (including alleys, bridges, frontage
roads, and other elements of the transportatiori system).
B, COMPLETE STREETS REQUIREMENTS
The City of Atlantic Beach shall work toward developing an integrated and connected
multimodal transportation system of Complete Streets that serves all neighborhoods.
Toward this end:
1, VVhe,eve, possible, Transportation Projects, and phase of that project (including
planning, scoping, funding, design, approval, \mp|omeniadon, and maintenance),
undertaken by the city or private developers shall provide for Complete Streets for all
categories of users identified in Section A(1) ofthis Policy.
The Planning and Community Development Department shall routinely work in
1
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Agenda Item #8.A.
22 Nov 2021
coordination with other city departments, citizens and Commission, to create Complete
Streets and to ensure consistency with any existing Plans (Connectivity Plan,
Comprehensive Plan, Parks Master Plan, etc.) or review of areas in need of complete
streets elements.
Z. Wherever possible, Transportation Projects shall strive to create a network of continuous
bicycle- and pedestrian -friendly routes, including routes that connect with transit and
allow for convenient access to work, home, commercial areas, and schools.
3. The city shall coordinate with adjacent jurisdiction(s) and any other relevant public
agencies, including North Florida Transportation Planning Organization to ensure
that, wherever possible, the network of continuous bicycle- and pedestrian -friendly
routes that extends beyond Atlantic Beach's boundaries into adjacent jurisdictions.
4. The City of Atlantic Beach shall rely upon the current editions of street design
standards and guidelines that promote and support Complete Streets.
• FDOTrocommendotions for bicycle and pedestrian safety.
• Urban Street Design Guide and Urban Bikeway Design Guide (National
Association of City Transportation Officials)
• Designing Walkable Urban Thoroughfares: A context sensitive approach {Institute
of Transportation Engineers/Congress for the New Urbanism)
• Pedestrian Safety Guide and Countermeasure Selection System (U.S. Department
of Transportation, Federal Highway Administration)
• Bicycle Safety Guide and Countermeasure Selection System (U.S. Department
of Transportation, Federal Highway Administration)
• Separated Bike Lane Planning anci Design Guide (U.S, Department of
Transportation, Federal Highway Administration)
5. All Complete Streets shall reflect the context and character of the surrounding built
and natural environments, and enhance the appearance of such. At the planning
stage, The City of Atlantic Beach shall work with local residents, business operators,
neighboring jurisdictions, school districts, students, property owners, and other
stakeholders who will be directly affected by a Complete Streets project to address
any concerns regarding context and character.
2
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Agenda Item #8.A.
22 Nov 2021
6. For those streets not designated as active transportation projectresidents can apply
for review for potential projects to help ensure pedestrian and bicycle safety.
C. LEAD DEPARTMENT
The Plarrning and Community Development Department shall lead the implementation
of this Policy and coordinate with Public Works, Engineering, Police Department and
consuPtants as needed.
D. IMPLEMENTATION
The following steps shall be taken within one (1) year of the effective date of this Policy:
1. All street design standards used in the planning, designing, and implementing phases
of Transportation Projects shall be reviewed to ensure that they reflect the best available
design guidelines for effecively implementing Complete Streets.
2. The Planning and Community Development and Public Works departments shall
incorporate this Poiicy into relevant internal manuals, checklists, rules, and procedure.
J. The Planning and Community Development Department shall assess whether any
municipal and zoning codes, land use plans, or other relevant documents, including the
Capital Improvement Program, conflict with this Policy, and shall submit a report, along
with a proposal for addressing any confhcts, to the City Manager.
4. The Planning and Community Development Department shall provide training on
Compete Streets and the implementation of this Policy to all relevant staff, and develop
a plan for providing such training for new hires.
5. The Planning and Community Development Department shall identify an existing process
or develop a new process that allows for public participation (including participation
by bicycle, pedestrian) in decisions concerning the design, planning, and use of street
and roadways covered by this Policy.
6, The City of Atlantic Beach shall actively seek sources of public and private funding to
assist in the implementation of this PoIicy.
7. All new roadway/streets capital improvement projects shall be reviewed for complete
streets compliance.
8. All existing streets, without another street intersecting, in excess of 1,000 feet shall be
Page 22 of 104
Agenda Item #8.A.
22 Nov 2021
reviewed annually for complete streets recommendations.
9. The Connectivity Plan should be reviewed annually to add future projects as traffic and
pedestrian patterns change.
E. EXCEPTIONS TO POLICY
1. A specific category of user may be excluded from the requirements of Section B of this
Policy only if one or more of the foliowing exceptions apply:
a. Use of the roadway is prohibited by law for the category of user (e.g., pedestrians on
K8oyport Road, vehicles on a pedestrian mall). In this case, efforts shall be
made to accommodate the excluded category of user on a parailel route; or
b. There is an absence of both a current and future need to accommodate the category
of user (absence of future need may be shown via demographic, school, employment,
and public transportation route data that demonstrate, for example, a low likelihood
of bicycle, pedestrian, or transit activity in an area over the next 20 years); or
c. The cost would be excessively disproportionate to the current need or future need
over the next 20 years,
2. An exceptiorl shali be granted only if:
a. A request for an exception is submitted to staff in writing, with supporting
documentation, and made pubiicly available with a minimum of 30 days allowed
for public input; and
b. The exception is approved in writing by City Commission and the written approval
is made publicly available.
F. PERFORMANCE MEASURES
In order to evaluate whether the streets and transportation network are adequately serving
each category of users, the Planning and Community Development and Public Works
Department shall collect and report baseline and annual data on matters relevant to this
Policy, including, without limitation, the foliowing information:
1. Mileage of new bicycle infrastructure (e.g., bicycle lanes, paths, and boulevards);
2. Linear feet of new pedestrian infrastructure (e.g., sidewalks, trails, etc.);
4
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J. Number of new curb ramps installed;
4. Number of new street trees planted;
5. Type and number by of new pedestrian- and bicycle -friendly signage and
landscaping improvements, including street furniture and lighting;
Agenda Item #8.A.
22 Nov 2021
6. The percentage of transit stops accessible via sidewalks and curb ramps;
7. The number, locations, and cause of collisions, injuries, and fatalities by mode
of transportation;
8. Vehicle Miles Traveled (VMT) or Single Occupancy Vehicle (SOV) trip reduction data
as made available by North Florida TPO.
G. REPORTING REQUIREMENTS
One year from the effective date of this Po/icy, and annually thereafter, the lead agency
shall submit a report to Commission on the progress made in implementing this Policy that
includes, at a minimum, the following: (1) baseline and updated performance measures as
described in Section (F); (2) a summary of (a) all Transportation Projects planned or undertaken
and their status, including a full list and map, with clear identification of which projects are
located in the Connectivity Plan; (b) all exceptions granted pursuant to Section E of this
Policy, including identification of exceptions granted in for projects located in the
Connectivity Plan; (c) the progress made in achieving the benchmarks for projects located
in the Connectivity Plan developed pursuant to Section D(5); (d) updates to street design
standards, internal department and agency manuals and procedures, zoning and municipal
codes, and land use plans, pursuant to Sections D(1)-(3); (e) all funding acquired for projects
that enhance the Complete Streets network; (t) all staff trainings and professional
development provided pursuant to Section D(4); and (3) any recommendations for improving
implementation of this Policy.
5
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Agenda Item #8.A.
22 Nov 2021
City of Atlantic Beach
Complete Streets Checklist for Staff
Project Name:
Street Type:
Average Daily Traffic:
Truck Volumes
(estimated percentage):
Design Speed:
Land Use:
ESTABLISHING PRIORITIES: A 'Yes" ariswer to any of these questions identifies the projectject as one
in which high priority and consideration should be provided for, including Compete Sheet Elements.
Environmental Context and Conand transit
Does the project provide a main route to a sgnificant destination?
Checklist Consideration Yes No Explanation and Date of Comment
Park/Recreation area
School
Shopping/Commercial Area
Beach Access or Marsh
Community facility
Other:
Does the project provide access or improve across a natural or man-made barrier?
Checklist Consideration Yes No Explanation and Date of Comment
Natural feature
Man-made feature
Does the project provide continuity or connectivity links for an existing trail or a path network across the city?
Checklist Consideration
Off-road trail facility
On -road trail facility
Other:
Yes No Explanation and Date of Comment
Checklist Consideration Yes No Explanation and Date of Comment
Are there nearby routes that
provide a similar level of
Page 25 of 104
Agenda Item #8.A.
22 Nov 2021
Constraints
Are there constraints to consider in reviewing this project for possible inclusion of Complete Streets elements?
Constraint Type Yeo No Explanation and Date of Comment
Right -of -Way
Utilities
Environmental
Funding
Maintenance
Existing Condition
Other:
COMPLETE STREETS ELEMENT REVIEWFor each of the sections beiow, indicate whether a
Complete Streets Element is or is not included Provide an explanation of the element to be used or
rationale why the element is not being included.
Traffic Calming
Does the roadvvoydenign consider elements to improve safety for pedestrians, bioyc|ioto, and motorists?
Checklist Not
Consideration
Included Included Explanation and Date ofComment
Narrower driving lanes
Lane reduction
Reduced areas
Other:
Reduce
Checklist
Consideration
Pedestrian bridge
Curb bump -outs
Other:
Pedestrian Facilities (ist pedestrian counts - if available)
pedestrian crossing distance at intersections where high motor vehicle counts
and high pedestrian counts are expected.
Not
Included Explanation and Date of Comment
Included
Does it provide appropriate pedestrian accommodation in accordance with Atlantic Beach?
Not
Included Explanation and Date ofComment
Included
Checklist Consideration
Sidewalks
Crosswalks
Mid -block crosswalks
Buffers between roadway
and sidewalks
Lighting
Street furniture
Page 26 of 104
Other:
Checklist Consideration Included
Are there nearbroutes
that provide a similar level
of convenience and
connectivity?
Not
Included
Explanation and Date of Comment
Bicycle Facilities (Iist bicycle counts - if available)
Does it provide appropriate bike accommodations in accordance with Atlantic Beach.
Checklist
Consideration
Improved shoulders
Bike path (off street)
Bike lane
Bike boulevard
Bike sharrow
Loop detectors
Bike racks
Other bike parking
Other:
Checklist
Consideration
Transit shelters
Bus turnout
Public seating
Signage/maps
Trash/recycling
receptacles
Other:
Included
Not
Included
Explanation and Date of Comment
Transit Facilities
Does it provide appropriate transit accommodations? Yes or No (circle one)
Not
Included Explanation and Date ofComment
Included
On -Street Parking
Is there existing parking? Yes or No (circle one)
Is there unimproved right-of-way that can be used as parking? Yes or No (circle one)
Should parking be added or reduced? Yes or No (circlone)
Not
Included Explanation and Date ofComment
Included
Checklist
Consideration
Parking on one side?
Parking on both sides?
Agenda Item #8.A
Page 27 of 104
Streetscaping
Does the project include streetscaping along newly constructed or reconstructed roadways?
If so what kind of elements?
Not
Included Explanation and Date of Comment
Included
Checklist
Consideration
Street trees
Landscape plantings
Planters
Buffer strips
Other:
Checklist
Consideration
Curb ramps
Detectable warning
surface
Crossing distance
consideration
Signal timing
Other:
ADA Accessibility
Does it nelude appropriate ADA design features?
Not
Included Explanation and Date of Comment
Included
IMPLEMENTATION AND EVALUATION
Maintenance
Are there any added maintenance projections for this project? Yes or No (circle one)
Checklist Consideration
Pavement rehabilitation
Pavement marking
Street sweeping
Street trees
Site furnishings
Pavers
Others:
Yes No Explanation and Date of Comment
Agenda Item #8.A
22 Nov 2021
Performance Measures
Have you identified appropriate performance measures for the project according to Complete Streets
implementation plan?
Checklist ConsiderationYes No Explanation and Date of Comment
Quantitative feedback
Qualitative feedback
Page 28 of 104
Other:
Completed by:
Date:
Agenda Item #8.A.
22 Nov 2021
Page 29 of 104
APPLICATION FOR COMPLETE STREETS
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Agenda Item #8.A.
22 Nov 2021
Complete street designs can use physical design and other measures to improve safety for
motorists, pedestrians and cyclists. It is a tool to combat speeding and other unsafe behaviors of drivers in the
neighborhoods. It aims to encourage safer, more responsible driving and potentially reduce traffic flow. Such measures
include signaEe, lane narrowing, curb extensions, chokers, road diets, pedestrian refuges, bike lanes, sidewalks, and
changing the surface material of the road, etc.
Each complete street application must contain the completed information as indicated. Once completed, staff will use
data to review the application. Multiple departments are responsible to review and coordination of the application. If the
city does not have recent traffic/speed counts the city will undertake this endeavor. Expect the entire process to take up
to a month to be reviewed by staff, Not all applications will warrant complete street elements and/or 'improvements are
budgeted.
Each request must provide the name of the street on which a study is requested and the boundaries of the street segment.
Boundary limits may change at the discretion of the City, Please use the street names for boundary limits, not block ranges.
Requested Street:
Boundary Area FROM:
Boundary Area TO:
EXAMPLE
Requested Street
Smith Street
Boundary of Study Area
Requested Street: Smith St.
Boundary Area:
From: 1'1 Ave.
To: 51b Ave.
Each request mLlst provide a contact person who lives on the requested street within the study area boundary. If the
request is being submitted from a neighborhood association/homeowners association, please provide the name,
address, and telephone number of the duly authorized representative of the association. The contact person will receive
all correspondence and will be responsible for gathering evidence of support,
Name:
Address:
Page 30 of 104
Phone:
Email:
Agenda Item #8.A
22 Nov 2021
1 agree to be tie coritaci persori forthe above request, and 1 uriderstiid that the outcome ofthe study will determine
the eligibitity of iJorentiI complete street element, |fany. | also understand that this might not beabudgeted project.
However, if a complete street element is warranted by the study I can fund the project if not funded by the city.
Signature:
'`��'' �'|
Date:
l, Complete street elements will hcavailable only onresidential streets carrying fewer than 1'ZOO
vehicles per day.
2C.omplete street elements will be available only on streets that have a designated speed limit of 25
mph as determined in accordance with State Law, and no more than one traffic lane in each
direction.
3, Complete street elements will not be uistalled on any street where 851h percentile speeds are less
than 30 mph.
4. Complete street elements will not be installed on any street designated as a truck route or a transit
route.
5, [nmnp|etestreete|ementswiUnotheinstaUedonany/tree1astowhichthereis'inthpiodgement
of the City staff, inadequate vertical and horizontal alignment and sight distances to aHow for safe
instiUaUon
6. Complete street elements will not be installed on any street that is a primary access route for
emergency vehicles and would cause, in the judgment of the City staff, unacceptable delay in
response time Loemergencies,
7. Complete street elements will only be installed if 55% of the owners of residences on the proposed
street where the cornplete street elements (one vote per ownership) is proposed. Residents must
be registered voters of Atlontic Beach.
Provide evidence of neighborhood support for the participation of the program. The attached forrn can
be used for this request. Evident of support must within the study area as identified in Section A.
Additional copies of this page may be submitted to secure the required number of signatures,
We undersigncd owners and residentsof
our support for aur neighhorhoods' participation in the stucly.
hereby offer
Secure signature from resideiits at east repre'entirig at east 55% of property owners along the
effected street. (Only one signature per property.) Residents signing this form must be registered
voters of Atlantic Beach (copies of this form may be made if additional pages are needed).
Page 31. of 104
Printed Name:
Address:
Phone:
Date of Birth:
Signature:
Printed Name:
Address:
Phone:
Date of Birth:
Signature:
Printed Name:
Address:
Phone:
Date of Birth:
Signature:
Printed Name:
Address:
Phone:
Date of Birth:
Signature:
Printed
Name:
Address:
Phone:
Date of Birth:
Signature:
Printed
Name:
Address:
Phone:
Date of Birth:
Signature:
Printed
Name:
Address:
Phone:
Date of Birth:
Signature:
Printed
Name:
Address:
Phone:
Date of Birth:
Signature:
Agenda Item #8.A.
22 Nov 2021
Page 32 of 104
CITY OF ATLANTIC BEACH.
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Resolution No. 21-62 supporting legislation to close loopholes and create
standards in current law exemptions from municipal tree ordinances that have caused litigation and abuses,
including the clear -cutting of land pre-developmont and thc removal of healthy trees that present little, if
any, risk to persons or structures,
TODAY'S DATE: Nov. 10, 2021
MEETING DATE: Nov 22, 2021
SUBMITTED BY: Kevin Hogeneamp, Deputy City Manager
PRIORITY: Supports "Environmental Leadership: An initiative validating COAB's
commitment to being a sustainable, resilient community"
SUMMARY: Under Section 163.045, Florida Statutes, which was created in 2019 after several
hurricanes caused extensive vegetation damage, local governments may not require a notice, application,
approval, permit, fee or miligation For the pruning, trimming or removal of a tree on residential property
if the owner obtains documentation from an arborist or a Florida -licensed landscape architect that the tree
presents a danger to persons or property.
This law has left local governments powerless in policing bad actors and caused unnecessary problems
for both municipalities and developers; and. As such, current law should be amended to apply only to
developed single-family residential propeq, identify industry -appropriate standards for assessing tree
risk and identify necessary documentation.
Further, key terms in the 2019 law are vague and undefined, which has led to conflict and litigation,
specifically "danger," "residential property' and "documentation"; and Section 163.045, Florida Statutes,
should be clarified to remove 'hese ambiguities and define these key terms.
RECOMMENDATION: Commission consider approving Resolution No. 21-62
BUDGET: N.A.
ATTACHM ENr S: Resolution No 21-62
CITY MANAGER:
Agenda Item #8.B.
22 Nov 2021
Page 33 of 104
Agenda Item #8.B.
22 Nov 2021
RESOLUTION NO. 21-62
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING STATE LEGISLATION TO CLOSE LOOPHOLES AND CREATE
STANDARDS IN CURRENT LAW EXEMPTIONS FROM MUNICIPAL TREE ORDINANCES
THAT HAVE CAUSED LITIGATION AND ABUSES, INCLUDING THE CLEAR -CUTTING OF
LAND PRE -DEVELOPMENT AND THE REMOVAL OF HEALTHY TREES THAT PRESENT
LITTLE, IF ANY, RISK TO PERSONS OR STRUCTURES; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA GOVERNOR, THE CITY OF
JACKSONVILLE, THE FLORIDA LEAGUE OF CITIES, AND THE DUVAL COUNTY
DELEGATION OF THE FLORIDA LEGISLATURE, FOR DISTRIBUTION; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the continued protection and maintenance of healthy Florida tree canopies is beneficial for habitat,
climate adaptation and mitigation, stormwater management, quality of life, and community character; and
WHEREAS, the City of Atlantic Beach and many other Florida communities utilize tree -protection codes to
define their communities' character and standards of life, and local governments should be restored local controls to protect
these invaluable natural resources; and
WHEREAS, under Section 163.045, Florida Statutes, which was created in 2019 after several hurricanes caused
extensive vegetation damage, local governments may not require a notice, application, approval, permit, fee or mitigation
for the pruning, trimming or removal of a tree on residential property if the owner obtains documentation from an arborist
or a Florida -licensed landscape architect that the tree presents a danger to persons or property; and
WHEREAS, this law has left local governments powerless in policing bad actors and caused unnecessary
problems for both municipalities and developers; and,
WHEREAS, current law should be amended to apply only to developed single-family residential property,
identify industry -appropriate standards for assessing tree risk and identify necessary documentation; and
WHEREAS, further, key terms in the 2019 law are vague and undefined, which has led to conflict and litigation,
specifically "danger," "residential property" and "documentation." Section 163.045, Florida Statutes, should be clarified
to remove these ambiguities and define these key terms; and
WHEREAS, local government is more closely connected to their residents' wishes and needs than the state
government, and as such, should be restored the ability to adopt regulations that reflect the values of their respective
communities and the desires of their residents; and
WHEREAS, the City of Atlantic Beach seeks to preserve and protect home rule authority for Atlantic Beach and
other Florida communities; and
WHEREAS, along with Florida League of Cities, the City of Atlantic Beach supports State legislation to close
loopholes and create standards in current law exemptions from municipal tree ordinances that have caused litigation and
abuses, including the clear -cutting of land pre -development and the removal of healthy trees that present little, if any, risk
to persons or structures.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida:
Section 1. That the City Commission of the City of Atlantic Beach supports State legislation to close loopholes
and create standards in current law exemptions from municipal tree ordinances that have caused litigation and abuses,
including the clear -cutting of land pre -development and the removal of healthy trees that present little, if any, risk to
persons or structures.
Page 34 of 104
Agenda Item #8.B.
22 Nov 2021
Section 2. That the City Commission directs the City Clerk to transmit a copy of this Resolution to the Florida
Governor, the City of Jacksonville, the Florida League of Cities, and the Duval County delegation of the Florida
Legislature, for distribution.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of
such conflict.
Section 4. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 22"a day of November,
2021.
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Resolution No. 21-62 page 2 of 2
Page 35 of 104
Page 36 of 104
AGENDA ITEM:
SUBMITTED BY:
TODAY'S DATE:
MEETING DATE:
BACKGROUND:
BUDGET:
RE('OMMENDATION:
ATTACUM ENT1S):
Agenda Item #8.C.
22 Nov 2021
CITY (W ATLANTIC BEACII
CITY COMMISSION MEE'FING
STAFF REPORT
RESOLI lTION 21-68
A RESOLUTION OF nu] cirry OF ATLANTIC BEACH
AUTHORIZING TILE MAYOR TO EXECUTE CITY 01?
JACKSONVILLE FEDERAL SUBRECIP1ENT AGREEMENT;
ANI) PROVIDING AN EFFECTIVE DATE
Melissa Burns, Director of Finance
November 10, 2021
November 22, 2021
In October the City received an agreement to he executed from the City of
Jacksonville. The agreement it providing $2,000,000 from the City of
jacksonvii le's :American Rescue Plan Act 01'2021 funds. During their
budget process, Ordinance 2021-463-E also known as the Appropriation
Ordinance appropriated a portion or the $30,000,000 °Illicit: grant funds
to each or the beach communities and the 'fown o Buldwin.
The $2,000,000 is restricted to be used in the same manner as the American
Rescue Plan Act oh2021 funds the City has received and is to bc expended
by September 30, 2022.
Stahl recommends that the Commission grants authorization leer the lMayor
to execute the Federal Subreeipiont Agreement Irom the City or
Jacksonville.
$2,000,000 increase to the American Rescue Plan fiind.
Commission discuss and approve, Resolution No. 21-68.
Resolution No, 21-68
Federal Subrecipient Agreement
REVIEWED BY CITY MANAGER:
Page 37 of 104
Agenda Item #8.C.
22 Nov 2021
RESOLUTION NO. 21-68
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
AUTHORIZING THE MAYOR TO EXECUTE CITY OF
JACKSONVILLE FEDERAL SUBRECIPIENT AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Jacksonville is the grant recipient of Federal Grant Funds in
accordance with the American Rescue Plan Act of 2021 (ARPA); and
WHEREAS, the City of Jacksonville appropriated funds to provide economic relief and
assistance to government entities in accordance with ARPA; and
WHEREAS, the City of Jacksonville desires to provide the City of Atlantic Beach a
portion of the ARPA funds they received to assist the City of Atlantic Beach in recovering from
the negative economic impacts of the COVID-19 pandemic.
NOW, THEREFORE, BE IT RESOLOVED by the City Commission of the City of
Atlantic Beach, that
SECTION 1. The Commission authorizes the Mayor to execute the Federal Subrecipient
Agreement
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 22nd day
of November 2021.
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Page 38 of 104
Agenda Item #8.C.
22 Nov 2021
FEDERAL SUBRECIPIENT AGREEMENT
THIS FEDERAL SUBRECIPIENT AGREEMENT (the "Agreement") is made and
entered into on this 1st day of September, 202] (the "Effective Date"), between the CITY OF
JACKSONVILLE, a consolidated political subdivision and municipal corporation existing under
the laws of the State of Florida (the "City"), and the CITY OF ATLANTIC BEACH, a municipal
corporation in Duval County existing under the laws of the State of Florida (the "Recipient").
RECITALS:
WHEREAS, the City is the grant recipient of Federal Grant funds (the "Grant Funds")
provided by the U.S. Department of Treasury in accordance with the American Rescue Plan Act
of 2021 (the "ARP Act"); and
WHEREAS, pursuant to City Ordinance 2021-463-E (the "Appropriation Ordinance"),
the City appropriated $30,000,000.00 in ARP Act local fiscal recovery grant funds, a portion of
which was set aside to provide economic relief and assistance to governmental entities in
accordance with the ARP Act; and
WHEREAS, the City desires to provide Recipient with a portion of the ARP Act funds to
offset eligible expenses and to assist Recipient in recovering from the negative economic impacts
of the COVID-19 pandemic; and
WHEREAS, pursuant to the Appropriation Ordinance, the City has determined the
economic aid and assistance to Recipient as set forth herein is necessary to assist Recipient in
recovering from the negative economic impacts of the COV1D-] 9 pandemic and to maintain the
viability of Recipient and therefore the City has appropriatcd and hereby provides an American
Rescue Plan Act Grant to Recipient in the amount of $2,000,000.00 (the "City Funds") pursuant
to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
in this Agreement and other good and valuable consideration, the receipt and sufficiency of which
are acknowledged, the parties agree as follows:
1. INCORPORATION OF RECITALS; FEDERAL GRANT ACKNOWLEGEMENT
The above -stated recitals arc true, accurate and correct and are incorporated herein by this
reference. Recipient acknowledges that the funds provided by the City pursuant to this Agreement
arc federal funds, subject to the terms and conditions contained in the ARP Act, as may be
amended, and any rules or guidance from the U.S. Department of Treasury applicable to the Grant
Funds and distribution or expenditure of the City Funds (collectively, the "ARP Guidelines").
Page 39 of 104
2. EFFECTIVE DATE/AGREEMENT TERM
This Agreement is effective as of the Effective Date and shall continue in full force and cffcct until
11:59 p.m., EST, on September 30, 2022 (the "Term"). This Agreement may be extended by the
parties for two (2) additional one (1) year periods. Should there be funds remaining at the
conclusion of the Performance Period (as defined in Section 3 below), the City and Recipient may
agree to modify the Performance Period so long as such modification does not supersede, or
conflict in any way with, the ARP Act, the ARP Guidelines, or the Appropriation Ordinance. Such
modification must be in writing and signed by both parties.
3. PERFORMANCE OF SERVICES
The City hereby engages Recipient to oversee and administer distribution of City Funds in
accordance with the ARP Act, ARP Guidelines, the Appropriation Ordinance and this Agrcemcnt
(collectively, the "Services"). Recipient shall perform the Services during the performance period
under this contract: the Effective Date through September 30, 2022, as may be further extended
by the parties (the "Performance Period"). If the date range for the Performance Period exceeds
the period of performance in the ARP Act, the ARP Act's period of performance shall prevail.
4. PAYMENT
'I'he City agrees to pay Recipient Grant Funds in an amount not to exceed two million and 00/100
Dollars ($2,000,000.00) within forty-five (45) days of the City's receipt of a complete and accurate
Grant Application and any additional information the City may reasonably require from Recipient
prior to payment of the Grant Funds. This amount constitutes the maximum indebtedness of the
City pursuant to this Agreement, and the only obligation of the City hereunder. The CFDA number
of the grant authorized by this Agreement is 21.027. The federal award [D number is SLFRP3403
/ SLFRP0197. The Federal awarding agency for the grant authorized hereunder is the U.S.
Department of the Treasury.
5. GENERAL CONDITIONS
A. Recipient agrees to do as follows:
1. To accept the City Funds as appropriated in accordance with the terms of this Agreement
and all federal and local laws governing the City Funds, including but not limited to, the
ARP Act, the Appropriation Ordinance, and the ARP Guidelines (collectively, the
"Governing Laws").
2. To abide by Chapter 119, Florida Statutes, as amended from time to time, a copy of which
can be obtained online at http://www.leg.state.fl.us/Statutes/, which by this reference is
made a part of this Agreement. All documents not expressly exempt from the Public
Records Act relative to this Agreement and the City Funds are considered to be public
records as defined in said Chapter 119, Florida Statutes; and
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Agenda Item #8.C.
22 Nov 2021
3. To obtain any permits and licenses, as may be required, from the State of Florida and the
City of Jacksonville and abide by all applicable state laws and local ordinances, as from
time to time amended; and
4. To return to the City within fifteen (15) days of written demand all City Funds paid to the
Recipient under the terms of this Agreement upon the City finding that the Recipient has
violated the terms of the Governing Laws, including, but not limited to, making
expenditures that are specifically disallowed by this Agreement or the Governing Laws.
Additionally, the Recipient shall promptly return to the City any City Funds unspent and
unencumbered upon the expiration of this Agreement to enable the City to promptly return
said funds to the federal agency pursuant to the terms of the ARP Act.
5. The Recipient shall not utilize the City Funds for any of the following categories of
expenditures:
a) contributions to a contingency reserve or a similar provision for unforeseen events.
b) costs of amusements, social activities and incidental costs relating thereto, such as
meals, beverages, lodgings, rentals, transportation and gratuities.
c) costs resulting from violations of or failure to comply with federal, state and local laws
and regulations.
d) the salaries and costs of the office of the governor of a state or the chief executive of a
political subdivision (as these costs are considered a cost of general state or local
government).
e) the salaries and other costs of the Legislature or similar local governmental bodies such
as City Councils whether incuiTed for purposes of legislation or executive direction.
f) Non-cash Expenses as defined in Section 118.104, Ordinance Code.
g)
Costs of any audits required under this Agreement.
6. The Recipient consents to:
a) Such audits of the Recipient's financial affairs by the City, the City Council Auditor's
Office, the Office of Inspector General, the State of Florida or the United States
Government may require as they relate to the Grant Funds; and
b) Producing all documents required by the City, the City Council Auditor's Office, the
City's Ethic's Office or the City's Office of Inspector General. The Recipient agrees
to give the City complete and unfettered access to all records regarding City Funds
provided under this Agreement, at all times, during regular business hours, to ensure
the City Funds are properly spent; and
Page 41. of 104
c) By no later than December 14, 2022 (except in the event of an extension to the Term
after September 30, 2022, in which event such date shall be seventy-five (75) days from
the end of the Term), the Recipient shall furnish to the City a final report of
expenditures of the City Funds in such form as the City's Finance and Administration
Department shall prescribe. This report shall be certified as to its accuracy by the
Recipient's Financial Officer/Treasurer. This report shall include the time period from
the Effective Date of this Agreement until all of the City Funds have been expended by
the Recipient. The reporting obligation set forth in this paragraph shall survive the
expiration or earlier termination of this Agreement.
d) Recipient shall provide a quarterly report to the City regarding the Recipient's use of
the City Funds in accordance with this Agreement. The Recipient's report shall be in a
form approved by the City and shall be provided by Recipient within ten (10) days
following the end of each quarter. Unless otherwise extended by the City, the
Recipient's reporting deadlines shall be: April 10th, July 10th, October 10th, and
January 101h.
7. Recipient shall maintain detailed accounting of the City Funds.
8. Recipient's violation of any of the provisions contained in this Agreement, including the
failure to adhere to the reporting requirements of this Agreement, the ARP Act, or any
applicable code or statutory provision, whether or not incorporated into this Agreement,
shall be a material breach and may result in immediate termination of this Agreement and
the Recipient's return of all City Funds granted by this Agreement.
13. Each party will designate a Contract Manager during the Term whose responsibility shall be to
oversee the panty's performance of its duties and obligations pursuant to the terms of this
Agreement. As of the Effective Date, the City's Contract Manager is Attention: Chief,
Financial Officer, Finance and Administration 117 West Duval Street, Suite 300, Jacksonville,
FL 32202; and the Recipient's Contract Manager is Attention: City Manager, 800 Seminole
Road Atlantic Beach, FL 32233. Each party shall provide prompt written notice to the other
party of any changes to the party's Contract Manager or his or her contact information.
6. RECORDS
A. By the acceptance of the City Funds, Recipient agrees to adhere to all provisions of the Florida
Public Records Law (Chapter 119, Florida Statutes), with respect to the receipt, expenditure,
and use of public funds from the City. Therefore, except to the extent prohibited by the l lealth
Insurance Portability and Accountability Act of 1996 (HIPAA), a copy of which can be
obtained online at httu://www.cros.eov/HIPAAGenlnfo/, which regulations are incorporated
herein by reference, as applicable, all the financial, business, and membership records of the
person, corporation, foundation, trust, association, group, or organization, relative to this
Agreement and shall be public records and subject to the provisions of the Public Records Law.
Recipient's failure to comply with this requirement will constitute a breach of this Agreement
and may result in cancellation of this Agreement and refund to City of the City Funds.
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B. Recipient shall maintain financial and accounting records and conduct transactions in
accordance with generally accepted accounting principles, Florida Statutes, and the
requirements of the City's Ordinance Code. These financial records shall be maintained in a
manner permitting positive and ready identification of the City Funds received by Recipient
from the time such funds are actually received by Recipient until the time they are actually
expended or disbursed by Recipient according to the terms of this Agreement.
C. In addition to other requirements specified in this Agreement, Office of Management and
Budget (OMB) Circulars, including A-102, A-87, A-110, A-122, A-133 and A-21 and Title 2
U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements,
Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance), may be used
as a guide concerning the records to be maintained. The aforesaid records shall be made
available for audit, copying or inspection purposes at any time during normal business hours
and as often as the City or the City's Council Auditor's Office may deem necessary.
D. Recipient shall retain for inspection all of its records and supporting documentation applicable
to this Agreement for five (5) years after disbursement of the City Funds to the Recipient.
E. All documents, data and other records received by the City in connection with this Agreement
are public records and available for public inspection unless specifically exempt by law.
Recipient shall allow public access to all documents, data and other records made or received
by Recipient in connection with this Agreement unless the records are exempt from Section
249(a) of Article 1 of the Florida Constitution or subsection 119.07(1), Florida Statutes. The
City may unilaterally terminate this Agreement if Recipient refuses to allow public access as
required under this Agreement.
If Recipient believes that any portion of any documents, data or other records submitted to the
City in connection with this Agreement are exempt from disclosure under Chapter 119, Florida
Statutes, the Florida Constitution and related laws ("Florida's Public Records Laws"),
Recipient must (1) clearly segregate and mark the specific sections of the document, data and
records as "Confidential", (2) cite the specific Florida Statute or other legal authority for the
asserted exemption, and (3) provide the City with a separate redacted copy of the documents,
data, or records (the "Redacted Copy"). The Redacted Copy shall contain the City's contract
name and number and shall be clearly titled "Redacted Copy". Recipient should only redact
those portions of records that Recipient claims are specifically exempt from disclosure under
Florida's Public Records Laws. If Recipient fails to submit a Redacted Copy of documents,
data, or other records it claims is confidential, the City is authorized to produce all documents,
data, and other records submitted to the City in answer to a public records request for these
records.
In the event of a public records or other disclosure request under Florida's Public Records
Laws or other authority to which Recipient's documents, data or records arc responsive, the
City will provide the Redacted Copy to the requestor. If a requestor asserts a right to any
redacted information, the City will notify Recipient that such an assertion has been made. It is
then Recipient's responsibility to respond to the requestor to assert that the information in
questions is exempt from disclosure under applicable law. If the City becomes subject to a
demand for discovery or disclosure of the redacted information under legal process, the City
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shall give Recipient prompt notice of the demand prior to releasing the redacted information
(unless otherwise prohibited by applicable law). Recipient shall be responsible for defending
its determination that the redacted portions of the information are not subject to disclosure.
In the event Recipient claims an exemption under this Section, it shall protect, defend, and
indemnify the City from and against all claims, demands, actions, suits, damages, liabilities,
losses, settlements, judgments, costs, and expenses (including but not limited to reasonable
attorney's fees and costs) arising from or relating to the assertion that all or any portion of its
information is not subject to disclosure.
F. In accordance with Section 1] 9.0701, Florida Statutes, Recipient shall:
1. Keep and maintain public records required by the City to perform the requirements under
this Agreement; and
2. Upon request from the City's custodian of public records and in accordance with applicable
patient privacy and confidentiality laws, provide the City with a copy of the requested
records or allow records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided for in Chapter 119, Florida Statutes, or as otherwise
provided by law; and
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Agreement Term and following completion of this Agreement if Recipient does not
transfer the records to the City; and
4. Upon completion of this Agreement, keep and maintain public records required by the City
to perform the requirements under this Agreement. Upon request by the City, Recipient
may also transfer public records to the City in accordance with applicable laws. If Recipient
transfers all public records to the City upon completion of this Agreement, Recipient shall
destroy any duplicate public records in its possession that are exempt or confidential and
exempt from public records disclosure requirements. If Recipient keeps and maintains
public records upon completion of this Agreement, Recipient shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the City upon request from the City's custodian of public records in a format
that is compatible with the City's information technology systems.
The above requirements apply to Recipient to the extent it is a "R.ecipient" as defined in
Section, 119.0701, Florida Statutes.
IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, IT MAY CONTACT THE
CITY'S CUSTODIAN OF PUBLIC RECORDS AT (904) 630-7678;
REQUEST@COJ.NET; CITY OF JACKSONVILLE, PUBLIC RECORDS
REQUEST, 214 N. HOGAN STREET, SUITE 1180, JACKSONVILLE, FLORIDA
32202.
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Agenda Item #8.C.
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7. AUDIT
A. Recipient shall adhere to the audit requirements set forth on Exhibit A attached hereto.
B. Upon the City's request, Recipient shall obtain and provide to the City a copy of the latest
available audited financial statements of Recipient. Upon the City's request, or if Recipient
expends more than $750,000 of Federal grant expenditures (inclusive of any Federal funds
disburscd to Recipient apart from those authorized by this Agreement) during its fiscal year,
Recipient shall obtain and provide to the City an original independent single audit conducted
in accordance with both GAAS and Government Auditing Standards ("GAS") issued by the
Comptroller General of the United States; and Title 2 U.S. Code of Federal Regulations (CFR)
Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (Uniform Guidance), of its financial affairs for its fiscal year ending within
the current City fiscal year. Such report shall be made by an independent certified public
accountant. If requested, such report shall be due within 120 days of the close of Recipient's
fiscal year. This paragraph shall survive the expiration or earlier termination of this Agreement
for a period of five (5) years from the date of expiration or termination.
8. BREACH OF CONTRACT/TERMINATION
A. The occurrence of any one or more of the following events prior to the expiration of the term
of this Agreement shall constitute an event of default under the provisions of this Agreement:
i. failure to perform or observe any material term, agreement, covenant or condition of
this Agreement, which default continues for thirty (30) days after written notice thereof
(unless a shorter period is set forth elsewhere in this Agreement);
ii. if any representation or warranty contained in this Agreement shall be false or
misleading in any material respect;
iii. the application by Recipient for, or consent to, the appointment of a receiver, trustee,
liquidator or custodian (or similar official) of its or all or a substantial part of its assets;
or if any party shall be unable or admit in writing its inability to pay its debts as they
mature, make a general assignment for the benefit of creditors, be adjudicated as
bankrupt or insolvent, file a voluntary petition in bankruptcy or a petition or answer
seeking reorganization or any arrangement with creditors; or agrees to take advantage
of any insolvency law, file an answer admitting the material allegations of a petition
filed against it in any bankruptcy, reorganization or insolvency proceeding; or if any
corporate action shall be taken by it for any purpose of effecting any of the foregoing;
or if any order, judgment or decree shall be entered by a court of competent jurisdiction
approving a petition seeking reorganization or appointing a receiver, trustee, liquidator
or custodian (or other similar official) of any party to this Agreement or of all or a
substantial part of its assets, and such other judgment or decree shall continue unstayed
and in effect for a period of thirty (30) consecutive days; or
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iv. an event of default of Recipient under any other agreement or transaction between
Recipient and the City.
B. If the City terminates this Agreement due to an event of default by Recipient, then the City
may exercise all rights and remedies it may have at law or in equity. Failure or delay on the
part of the City to notify Recipient of a default is not a waiver by the City of the default or of
any future default of Recipient.
C. Termination for uncured default shall be effective at the close of business on the 30th day after
date of notice without the necessity of any further notice to Recipient if the breach has not been
corrected within the thirty (30) day period. Notice shall be delivered by certified mail, return
receipt requested, or by any other means with proof of delivery. Upon receipt of a notice of
termination, whether for by reason of uncured default, cause, or convenience, and, except as
otherwise directed, Recipient shall:
i. Cease working under this Agreement and cancel as many outstanding obligations as
possible;
ii. Place no further orders or subcontracts related to the Services under this Agreement,
which was terminated. Obligations incurred after receipt of the termination notice will
be disallowed;
iii. Terminate all orders and subcontracts related to the performance of the Services of this
Agreement that was terminated; and
iv. Prepare all necessary reports and documents required under the terms of this
Agreement up to the date of termination, including the final report, without
reimbursement for the Services rendered in completing the reports beyond the
termination date.
D. If Recipient should materially fail to comply with any term of this Agreement, suspension or
termination may occur in accordance with 2 CFR 200.212, the provisions of which are
incorporated into this Agreement by reference.
E. In addition to reason of uncured default by Recipient, the City 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 ARP Act, Treasury Guidance, or other applicable
rules, laws and regulations, or failure by Recipient to afford timely public access to any
document, paper, letter, or other material subject to disclosure under Chapter 119, Florida
Statutes.
F. City may terminate this Agreement for convenience upon thirty (30) days' prior written notice
to Recipient. City may, if and to the extent permitted by ARP Act and Treasury Guidance,
withhold payments to the Recipient for the purpose of set-off until the exact amount due the
City from Recipient is determined and resolved.
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Agenda Item #8.C.
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9. NOTICE
Any notice required to be given under this Agreement shall be by certified mail, return receipt
requested, or by hand delivery with a written receipt. Notices shall be deemed effective upon
receipt or three (3) days after posting by certified mail. Notices shall be delivered to:
For the City:
City of Jacksonville
Finance and Administration
117 W. Duval Street, Suite 300
Jacksonville, Florida 32202
Attn: Chief Financial Officer
With a required
copy to:
Office of General Counsel
117 W. Duval Street, Suite 480
Jacksonville, Florida 32202
Attn: Corporation Secretary
For the Recipient:
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Attention: City Manager
10. CIVIL RIGHTS AND OTHER FEDERAL PROVISIONS
A. There shall be no discrimination against any employee or person served on account of race,
color, sex, age, religion, ancestry, national origin, handicap, marital status, citizenship status,
creed, sexual orientation, gender identity, disability, veteran status, or any other protected
status under federal, state, or City law, or under Recipient's corporate policies in the
performance of this Agreement, or in the distribution of City Funds pursuant to this Agreement.
B. Recipient shall comply with 'title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d) in
regard to the persons served.
C. Recipient shall comply with Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e) in
regard to employees or applicants for employment.
D. Recipient shall comply with Section 504 of the Rehabilitation Act of 1973 in regard to
employees or applicants for employment and clients served.
E. Recipient shall comply with the Americans with Disabilities Act of 1990 (Public Law 101-
336) in regard to employees and persons served.
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F. If the City receives evidence of discrimination in violation of this Agreement, the City may
terminate this Agreement and Recipient shall return the City Funds to the City upon the City's
written demand therefore.
G. Recipient shall carry out the activities in compliance with all applicable federal laws and
regulations, which are incorporated into the Agreement by this reference, as they may be
amended from time to time, including, but not limited to:
• Public Law 88-352 - Title VI of the Civil Rights Act of 1964, as amended.
• Public Law 90-284 - Title VIII of the Civil Rights Act of 1968.
• Executive Order 11063 (as amended by Executive Order 12259).
• Section 109 of Title I of the Housing and Community Development Act of 1974 (as
amended by 42 USC 5301-5320).
• Davis -Bacon Act and related acts (as amended by 40 USC 276a to a-7).
• Contract Work Hours and Safety Standards Act (40 USC 327 through 333); and Contract
Work Hours and Safety Standards Act (40 USC 3702 as supplemented by Department of
Labor regulations (29 CFR Part 5).
• National Flood Insurance Program (as set forth in the Florida Disaster Protection Act of
1973).
• Displacement, Relocation Assistance and Real Property Acquisition (as set forth in 49 CFR
Part 24 and 24 CFR Part 42).
• Employment and Contracting Opportunities:
o Executive Order 11246 (as amended by Executive Orders 11375, 11478, 12107,
and 12088, and supplemented by 41 CFR Part 60).
o Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701 u).
• Copeland "Anti -Kickback" Act (18 USC 874 and 40 USC 276c).
• Lead 13ascd Paint Poisoning Prevention (as set forth in 24 CFR Part 35).
• Use of Debarred, Suspended or Ineligible Contractors or Sub -Contractors [in accordance
with Executive Orders 12549 and 12689, and as set forth in 24 CFR Part 24 and 29 CFR
5,12(a)(1)].
• Nondiscrimination Based on Age or Handicap (as set forth in the Age Discrimination Act
of 1975, as amended, and 24 CFR Part 146).
• Section 504 of the Rehabilitation Act of 1973.
• Environmental Protection Agency Regulations National Environmental Policy of 1969.
• Title 24, Code of Federal Regulations, Volume 1, Part 135.
• Byrd Anti -Lobbying Amendment (31 USC 1352).
• Clean Air Act (942 USC 7401, e1 seq.), and the Federal Water Pollution Control Act (33
USC 1251 et seq., as amended.
• Whistleblower Rights and Protections under 41 USC 4712.
11. Prompt Payment to Subcontractors and Suppliers.
Nothing in this Agreement shall prohibit Recipient from disputing, pursuant to the
terms hereof, all or any portion of a payment alleged to be due to its subcontractors and
suppliers. If there is a dispute, Recipient may withhold the disputed portion of the
payment only after Recipient has provided written notice to the City and to the
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subcontractor or supplier whose payment is in dispute, stating the amount in dispute
and describing the actions required to cure the dispute. The notice shall be delivered to
the City and the subcontractor or supplier within (ten) 10 calendar days after Recipient
receives payment from the City. Recipient shall pay all undisputed amounts due within
the time limits imposed by this Section.
Notwithstanding Chapter 126, Part 6, Jacksonville Ordinance Code, Recipient shall
pay all contracts awarded with certified Jacksonville Small and Emerging Business
("JSEB(s)"), as defined, their respective pro -rata shares of the earned portions of the
progress payments made by the City under the applicable contract within seven (7)
business days after Recipient's receipt of payment from the City (less proper retainage).
The pro -rata share shall be based on all work completed, materials, and equipment
furnished, or services performed by the certified JSEB at the time of payment. As a
condition precedent to progress and final payments to Recipient, Recipient shall
provide to the City, with its requisition for payment, documentation that sufficiently
demonstrates that Recipient has made proper payments to its certified JSEBs from all
prior payments that Recipient has received from the City. Recipient shall not
unreasonably withhold payments to certified JSEBs if such payments have been made
to Recipient. If Recipient withholds payment to its certified JSEBs, which payment
has been made by the City to Recipient, Recipient shall return the payment to the City.
Recipient shall provide written notice to City and to the certified JSEB whose payment
is in dispute stating the amount in dispute and describing the actions required to cure
the dispute. The notice shall be delivered to the City and the subcontractor or supplier
within five (5) calendar days after Recipient receives payment from the City. Recipient
shall pay all undisputed amounts due within the time limits imposed by this Section.
Failure to pay undisputed amounts to the certified JSEB within seven (7) business days
is a breach of contract, compensable at one percent (l%) of the outstanding invoice
being withheld by the City. Continued failure by Recipient to adhere to this Section is
cause for termination of the Agreement.
iii. 'I1ie prompt payment requirements of this Section shall, in no way, create any
contractual relationship or obligation between the City and any subcontractor, supplier,
JSEB or any third -party or create any City liability for the Recipient's failure to make
timely payments. However, Recipient's failure to comply with these prompt -payment
requirements is a material breach of its contractual obligations to the City.
Consequently, the City, without waiving any other available remedy it may have
against Recipient, may issue joint checks and charge Recipient a two tenths percent
(0.2%) daily late payment interest charge or other charges specified in Chapter 126 of
the Jacksonville Ordinance Code for JSEBs and Chapter 218, Florida Statutes, for non-
JSEBs, whichever is greater.
As provided in Section 126.305, Jacksonville Ordinance Code, for professional services
contracts over $50,000.00, execution of this Agreement by Recipient is deemed to be
simultaneous execution of the required truth -in -negotiation certificate as if the certificate had
been executed apart from this Agreement. Pursuant to such certificate, Recipient states that the
wage rates and other factual unit costs supporting the compensation under the provisions of
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this Agreement are accurate, complete and current at the time of contracting. The
compensation shall be adjusted to exclude any significant sums where the City determines the
contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other
factual unit costs, provided that any and all such adjustments shall be made within one (1) year
following the completion date of this Agreement.
J. Pursuant to Section 287.135(2), Florida Statutes, a company is ineligible to, and may not, bid
on, submit a proposal for, or enter into or renew a contract with an agency or local government
entity for goods or services of:
Any amount if, at the time of bidding on, submitting a proposal for, or entering into or
renewing such contract, Recipient is on the Scrutinized Companies that Boycott Israel
List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott
of Israel; or
ii. One million dollars or more if, at the time of bidding on, submitting a proposal for, or
entering into or renewing such contract, Recipicnt:
(I) Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List created
pursuant to Section 215.473, Florida Statutes; or
(2) Is engaged in business operations in Cuba or Syria.
iii. Pursuant to Section 287.135(3)(a)4, Florida Statutcs, the City may terminate this
Agreement at the City's option if the Agreement is for goods or services in an amount
of one million dollars or more and Recipient:
(1) Is found to have submitted a false certification under Section 287.135(5),
Florida Statutes;
(2) Ilas been placed on the Scrutinized Companies with Activities in Sudan List
or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector I,ist created pursuant to Section 215.473, Florida Statutes; and
(3) Is engaged in business operations in Cuba or Syria.
iv. Pursuant to Section 287.135(3)(b), Florida Statutes, the City may terminate this
Agreement at the City's option if the Agreement is for goods and services of any
amount and Recipient:
(1) Is found to have been placed on the Scrutinized Companies that Boycott
Israel List; or
(2) Is engaged in a boycott of Israel.
11. NON-DISCRIMINATION
As required by Section 126.404, Jacksonville Ordinance Code, Recipient represents that it has
adopted and will maintain throughout the term of this Agreement a policy of non-discrimination
or non -harassment against any person with regard to race, color, sex (including pregnancy), sexual
orientation, gender identity or expression, religion, political affiliation, national origin, disability,
12
Agenda Item #8.C.
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age, marital status, veteran status, or any other impermissible factor in recruitment, hiring,
compensation, training, placement, promotion, discipline, demotion, transfers, layoff, recall,
termination, working conditions, and related terms and conditions of employment. The Recipient
agrees that, on written request, it will permit reasonable access to its records of employment,
employment advertisement, application forms and other pertinent data and records, by the
Executive Director of the Jacksonville Human Rights Commission, or successor agency or
commission, for the purpose of investigation to ascertain compliance with the non-discrimination
provisions of this Agreement; provided however, that Recipient shall not be required to produce
for inspection, records covering periods of time more than one (1) year prior to the day and year
first above written. Recipient agrees that if any of the Services to be provided pursuant to this
Agreement are to be performed by a subcontractor, the provisions of this Section shall be
incorporated into and become a part of the subcontract.
12. COMPLIANCE WITH LAWS
Recipient shall comply with all applicable federal, state, and local laws, rules, regulations, and
ordinances, as amended from time to time. Such laws, rules, regulations, and ordinances shall
include, but arc not limited to, Chapter 119, Florida Statutes, (the Florida Public Records Law)
and Section 286.011, Florida Statutes, (thc Florida Open Meetings Law). Such laws, rules,
regulations, and ordinances also include, but are not limited to, the applicable requirements for
licenses and certifications necessary in connection with any activity arising out of expenditure of
the City Funds. If any of the obligations of this Agreement are to be performed by a subcontractor,
the provisions of this Section shall be incorporated into and become a part of such subcontract.
13. REPRESENTATIONS/WARRANTIES AND UNAUTHORIZED WORKERS
A. As a material inducement for City to enter into this Agreement, Recipient warrants (and unless
otherwise specified, the warranties shall remain true during the term of this Agreement) that:
1. Recipient is an independent Florida municipal corporation validly existing under the laws
of the State of Florida. Recipient has authority to enter into this Agreement and all
documents contemplated by this Agreement, and to perform its obligations arising under
this Agreement and other documents contemplated by this Agreement. The individuals
signing on behalf of Recipient have authority to do so.
2. Recipient's execution of this Agreement and performance of its obligations under this
Agreement have been duly authorized and approved by the shareholders, members,
partners, or directors of Recipient (as the case may be).
3. This Agreement and all documents contemplated by this Agreement each constitute a legal,
valid, and binding obligation of Recipient, enforceable in accordance with its terms.
4. This Agreement and all documents contemplated by this Agreement do not and will not
contravene any provision of the governing documents of Recipient, any judgment, order,
decree, writ, or injunction by which Recipient is bound, or any provision of any applicable
law or regulation by which Recipient is bound. The execution of this Agreement and all
documents contemplated by this Agreement, and performance of the obligations of this
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Agenda Item #8.C.
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Agreement and other contemplated documents, will not result in a breach of or constitute
a default under any agreement to which Recipient is a party or require consent from any
third party.
5. Recipient holds all necessary licenses, permits, and authorizations required by applicable
governmental bodies as a condition to conduct business in the State of Florida and in the
City of Jacksonville.
6. Recipient has not employed or retained any third party having a relationship with the City
to solicit or secure this Agreement and has not paid or agreed or promised to pay any fee,
commission, percentage, gift, or any other consideration contingent upon or resulting from
thc execution of this Agreement.
7. Recipient is not in default under any agreement with City, and Recipient has satisfied all
conditions imposed by any governmental authority in connection with provision of thc
Services.
B. The employment by Recipient of unauthorized aliens is a violation of Section 274A(e) of the
Federal Immigration and Naturalization Act and a material breach of this Agreement, and the
City may unilaterally cancel this Agreement upon thirty (30) days' prior written notice of such
cancellation.
14. INDEMNIFICATION/INSURANCE
Subject to the provisions and limitations of Section 768.28, Florida Statutes, thc Recipient shall
indemnify and hold harmless City, its members, officials, officers, employees and agents from and
against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including
court costs and reasonable attorney's fees, resulting from any negligent act or negligent omission
of Recipient, its members, officials, officers, agents, or employees as it relates to the performance
by Recipient of its obligations under this Contract. This indemnification is separate and apart
from, and is in no way limited by, any insurance provided pursuant to this contract or otherwise.
This indemnification is not, nor shall it be interpreted as, a further waiver of Recipients sovereign
immunity beyond the limited legislative waiver thereof in Section 768.28, Florida Statures. This
Section 14 shall survive the termination of this Contract.
15. INSURANCE
Recipient shall maintain for the duration of the Term, insurance in the forms and amounts provided
in Exhibit B attached hereto.
16. EMPLOYMENT ELIGIBILITY
In accordance with Section 448.095, Florida Statutes, Recipient confirms that it does not currently,
and will not in the future, employ, contract with, or subcontract with unauthorized aliens and
Recipient, including any of its subcontractors, has registered accordingly with the E -Verify
platform. Recipient acknowledges that any violation with the aforementioned will result in a
default to this Agreement and the City shall be entitled to any and all relief available, including
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Agenda Item #8.C.
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but not limited to, consequential damages, rebate of fees, costs and expenses, etc., resulting from
the voiding of this Agreement.
17. MISCELLANEOUS PROVISIONS
A. Governing Law and Venue. This Agreement and the rights and obligations of the parties
hereunder shall be governed by the laws of the State of Florida. Venue for the purposes of any
action arising from or related to this Agreement shall lie exclusively in the state and federal
courts located in Duval County, Florida.
B. Entire Agreement; Counterparts. This Agreement contains the entire agreement between the
parties with respect to the receipt and expenditure of the City Funds. Any amendment to this
Agreement must be in writing and duly executed by the parties hereto. This Agreement may
be signed in counterparts, including by electronic signature, the counterparts and signatures of
which, when taken together, shall constitute but one Agreement.
C. Binding Effect. `Phis Agreement shall be binding upon and inure to the benefit of each party,
its successors and assigns.
D. Assignment. This Agreement may not be assigned by either party without the prior written
consent of the other party. Any purported assignment in violation of this Section is void.
Written consent of an assignment, if given, shall not in any manner relieve the assignor from
liability for the performance of this Agreement by its assignee.
E. Severability. In the event any part or parts of this Agreement is/are held to be invalid or
unenforceable, the remainder of this Agreement shall remain in full force and effect as if the
invalid or unenforceable provision had never been a part of the Agreement.
F. Waiver. The failure of either party to complain of any default by the other party or to enforce
any of such party's rights, no matter how long such failure may continue, will not constitute a
waiver of the party's rights under this Agreement. No waiver of any provision of this
Agreement shall constitute a waiver of any other provision or a waiver of the same provision
at any later time.
G. Headings. Section headings are provided solely for the convenience of the parties and shall
not affect the interpretation of this Agreement.
H. No "Third-Partv Beneficiaries. Nothing in this Agreement, express or implied, is intended to
confer upon any other person any rights or remedies of any nature whatsoever under or by
reason of this Agreement, except as otherwise expressly provided herein.
1. Survival. The rights and obligations of the parties relating to confidentiality, indemnification,
insurance, non -solicitation, use of name, availability of medical records and access to records,
along with any other rights and obligations that expressly or by operation of law extend beyond
this Agreement, shall survive the termination, expiration, non -renewal, or rescission of this
Agreement.
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Agenda Item #8.C.
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J. Attorneys' Fees and Costs. Each party shall bear their own costs, expert fees, attorneys' fees,
and other fees incurred in connection with this Agreement and any action or proceeding arising
out of or relating to this Agreement.
K. Incorporation of Exhibits. All exhibits references in this Agreement are incorporated herein by
reference.
L. Authorization. The City is authorized to execute this Agreement pursuant to the authority
granted in the Appropriation Ordinance.
[Remainder of page intentionally left blank. Signature page folio
16
s.
Agenda Item #8.C.
22 Nov 2021
Page 54 of 104
IN WITNESS WHEREOF the parties hereto have duly executed this Agreement on the
day and year first above written.
RECIPIENT
CITY OF ATLANTIC BEACH, a municipal
corporation in Duval County existing under the laws of
the State of Florida
By:
Print Name:
Title:
Date:
[City of Jacksonville signatures follow on next page.]
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Agenda Item #8.C.
22 Nov 2021
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ATTEST:
By:
James R. McCain, Jr.,
Corporation Secretary
CITY OF JACKSONVILLE, a consolidated
political subdivision and municipal corporation
existing under the laws of the State of Florida
By:
Lenny Curry, Mayor
Encumbrance and funding information for internal City use:
Amount $2,000,000.00
In accordance with Section 24.103(e), of the Ordinance Code of the City of Jacksonville, 1 do
hereby certify that there is an unexpended, unencumbered and unimpounded balance in the
appropriation sufficient to cover the foregoing Agreement; provided however, this certification is
not, nor shall it be interpreted as, an encumbrance of funding under this Agreement. Actual
encumbrance(s) shall be made by subsequent purchase order(s) as specified in said Agreement.
FORM APPROVED:
By:
Office of General Counsel
Director of Finance
City Contract #
Purchase Order #
GC-1il455217-v2-City_of Atlantic_13each_ARp_Contracl_(2021-463).DOCX
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Agenda Item #8.C.
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Exhibit A
Audit Requirements
The following audit requirements are in addition and supplemental to other audit requirements
contained in any agreement stemming from this legislation between the City and Recipient.
1. Recipient shall establish and maintain books, records, contracts, subcontracts, papers,
financial records, supporting documents, statistical records, goods, services, and all other
documents (the "Records") in a format sufficient to reflect all receipts and expenditures of the
City funds.
2. Recipient shall retain all Records pertinent to this Agreement for a period of five (5) years
after Recipient's final disbursement of the City funds or as otherwise required by the City pursuant
to any agreement between the City and Rccipient. If an audit has been initiated and audit findings
have not been resolved at the end of five (5) years, the Records shall be retained, at no cost to the
City, until resolution of the audit findings or any litigation based on the terms of the agreement.
Records shall be retained for longer periods when any retention period required by law exceeds
the time frames required in this paragraph.
3. Upon demand, at no additional cost to the City, Recipient shall facilitate the duplication
and transfer of any Records during the applicable retention period.
4. Recipient shall provide the Records at all reasonable times for inspection, review, copying,
or audit by the City, the City Council Auditor's Office, the Office of Inspector General, the State
of Florida, the United States government/federal agencies, or their authorized third -party auditors
or designees.
5. At all reasonable times for as long as Recipient maintains the Records, Recipient shall
allow persons authorized by the City to have full access to and the right to examine any of the
Records, regardless of the form in which kept.
6. Recipient, at its cost, shall provide audits or reports as necessary for compliance by
Recipient and the City with the ARP Act, and otherwise as requested by the City, the City Council
Auditor's Office, the Office of Inspector General, the State of Florida, the United States
government/federal agencies, or their authorized third -party auditors or designees, and shall insure
that all related party transactions are disclosed to the auditor.
7. Recipient shall comply and cooperate immediately with any inspections, reviews, or
investigations deemed necessary by the City.
8. Recipient shall permit the City to interview any of Recipient's employees, subcontractors,
and subcontractors' employees to assure the City of the satisfactory performance pursuant to any
agreement between Recipient and the City. Following such review, if Recipient's performance is,
in the opinion of the City, deficient, the City will deliver to Recipient a written report of the
deficiencies and request for Recipient's development of a corrective action plan. Recipient agrees
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Agenda Item #8.C.
22 Nov 2021
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to prepare and submit to the City a corrective plan within five (5) business days of receiving the
City's written report. Recipient shall correct all deficiencies identified in the corrective action plan
within five (5) business days from the City's receipt of the corrective action plan.
9. All reports, audits, and other information Recipient provides pursuant to the legislation
authorizing disbursement of the City funds to Recipient or pursuant to any agreement between the
City and Recipient shall contain the following statement: "The information provided to the City
of Jacksonville in this submittal is submitted under penalties of perjury, under Section
837.06, Florida Statutes".
10. If Recipient uses any subcontractors in utilization of the City funds, Recipient shall include
the audit, inspections, investigations, and record-keeping requirements providing herein in all such
subcontracts and assignments. Recipient shall also ensure any subcontractors receiving
disbursements of City funds, if any, are subject to the audit, inspections, investigations, reporting
and record-keeping requirements provided herein and said requirements shall be included in any
contract with any subcontractor.
11. Recipient shall comply with all American Rescue Plan Act requirements, including but not
limited to 2 Code of Federal Regulations 200 (Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards), as applicable. Recipient acknowledges
the City must comply with the sub -recipient monitoring requirements of 2 CFR 200.331 and at the
request of the City agrees to provide such additional information and documentation to the City as
required to comply with such requirements. The Recipicnt also acknowledges that payments of
ARP Act funds arc subject to the following requirements in the Uniform Guidance (2 C.F.R. Part
200): 2 C.F.R. § 200.303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332
regarding sub -recipient monitoring and management, and subpart F regarding audit requirements.
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Agenda Item #8.C.
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Exhibit B
Insurance Requirements
Without limiting its liability under this Agreement, Recipient shall at all times during the term
of this Agreement procure prior to commencement of work and maintain at its sole expense
during the life of this Agreement (and Recipient shall require its, subcontractors, laborers,
materialmen and suppliers to provide, as applicable), insurance of the types and limits not less
than amounts stated below:
Insurance Owerages
Schedule Limits
Workers' Compensation Florida Statutoiy Coverage
Employer's Liability $ 100,000 Each Accident
$ 500,000 Disease Policy Limit
$ 100,000 Each
Employee/Disease
This insurance shall cover thc Recipient (and, to the extent they arc not otherwise insured, its
subcontractors) for those sources of liability which would be covered by the latest edition of the
standard Workers' Compensation policy, as filed for use in the State of Florida by the National
Council on Compensation Insurance (NCCI), without any restrictive endorsements other than
the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03), those which
are required by thc State of Florida, or any restrictive NCCI endorsements which, under an NCCI
filing, must he attached to the policy (i.e., mandatory endorsements). In addition to coverage for
the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the
Federal Employers' Liability Act, USL&H and Jones, and any other applicable federal or state
law.
Commercial General Liability
21
$2,000,000 General Aggregate
$2,000,000 Products & Comp. Ops.
Agg.
$1,000,000 Personal/Advertising
Injury
$1,000,000 Each Occurrence
$ 50,000 Fire Damage
$ 5,000 Medical Expenses
Agenda Item #8.C.
22 Nov 2021
Page 59 of 104
Such insurance shall be no more restrictive than that provided by the most recent version of the
standard Commercial General Liability Form (ISO Form CG 00 01) as filed for use in the State
of Florida without any restrictive endorsements other than those reasonably required by the
City's Office of Insurance and Risk Management. An Excess Liability policy or Umbrella
policy can be used to satisfy the above limits.
Crime — Employee Fidelity $1,000,000 Per Loss
Such insurance shall be on a form acceptable to the City and shall provide coverage for losses
arising out of employee dishonesty, employee theft, forgery and alteration, burglary or robbery,
wire transfer fraud, and computer fraud. Such coverage shall be endorsed to include coverage
for losses arising out of theft of "client property" on a form no more restrictive than that
provided by the most recent version of the Clients' Property form (ISO Form CR 0451) as filed
for use in the State of Florida.
Additional Insurance Provisions
A. Certificates of Insurance. Recipient shall deliver to the City Certificates of Insurance that show
the corresponding City Contract or Bid Number in the description, Additional Insureds,
Waivers of Subrogation and Primary & Non -Contributory statement as provided below. The
Certificates of Insurance shall be mailed to the City of Jacksonville (Attention: Chief of Risk
Management), 117 W. Duval Street, Suite 335, Jacksonville, Florida 32202.
B. Additional Insured. All insurance except Workcrs' Compensation, Professional Liability,
AD&D and Crime (if required) shall be endorsed to name the City of Jacksonville and its
members, officials, officers, employees and agents as Additional Insured. Additional Insured
for General Liability shall be in a form no more restrictive than CG2010 and, if products and
completed operations is required, CG2037, Automobile Liability CA2048.
C. Waiver of Subrotzation. All required insurance policies shall he endorsed to provide for a
waiver of underwriter's rights of subrogation in favor of the City of Jacksonville and its
members, officials, officers employees and agents.
D. Carrier Qualifications. The above insurance shall be written by an insurer holding a current
certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared
as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall
be written by an insurer with an A.M. Best Rating of A- VII or better.
E. Recipient's Insurance Primary. The insurance provided by Recipient shall apply on a primary
basis to, and shall not require contribution from, any other insurance or self-insurance
maintained by the City or any City members, officials, officers, employees and agents.
F. Deductible or Self -Insured Retention Provisions. All deductibles and self-insured retentions
associated with coverages required for compliance with this Agreement shall remain the sole
and exclusive responsibility of the named insured Recipient. Under no circumstances will the
City of Jacksonville and its members, officers, directors, employees, representatives, and
22
Agenda Item #8.C.
22 Nov 2021
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agents be responsible for paying any deductible mmlf-insmedretentions related mthis
Agreement.
G. ReciDient's Insurance Additional Remedy. Compliance with the insurance requirements u[this
Agreement shall mu|imitUm Iiability of Recipientor its subcontractors, ernployees or agents
to the City or others. Any remedy provided to the City and/or the City's members, officia|o,
officers, employees or agents shall be in addition to and not in lieu of any othcr remedy
available under this Agreement or otherwise.
V. Waiver/Estoppel. Neither approval by the City nor the City's failure to disapprove the
insurance furnished by Recipient shall relieve Recipient oCRecipient's full responsibility to
provide insurance as requircd undcr this Agreement.
Notice. Recipient shall provide an endorsement issued by the insurcr to providc the City thirty
(30) days' prior written notice of any change in the above insurance coverage limits or
cancellation, including expiration nrono'000*xi If such endorsernent is not provided, then
Recipient shall provide said thirty (30) days' written notice of any change in the above coverages
or limits, coverage being suspended, voided, cancelled, including expiration or non -renewal.
J. Survival. Anything to the contrary notwithstanding, the liabilities of Recipient under this
Agreement shall survive and not be terminated, i:educed or otherwise limited by any expiration
or termination of insurance coverage.
K. Additional Insurance, Dcpcnding upon the naturc of any aspect of any project and its
accompanying exposures and liabilities, the City may reasonably require additional insurance
coverages in amounts responsive to those liabilities, which may or may not require that thc
City also be included as an Additional Insured.
Special Provisions. Prior to executing this Agreement, Recipient shall present this Agreement
and Exhibit B (lnsurance Requirements) to its insurance agcnt affirming that: (l)the agent has
personally reviewed the insurance requirements of the Agreement documents, and (2) the agent is
capable (has proper market access) to provide the coverages and limits of liability required on
behalf of Recipient.
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Agenda Item #8.C.
Page 61 of 104
Page 62 of 104
AGENDA ITEM:
SUBMITTED I3Y:
TODAY'S DATE;
MEETING DATE:
BACKGROUND:
BUDGET:
Agenda Item #8.D.
22 Nov 2021
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Resolution No, 21-70 authorizing the renewal of Employee Health Insurance and
Bench t Plan
Cathy Varian, Elliman Resources Director
October 25, 2021
November 22, 2021
The City has used Cigna Cor Employee health insurance this year and has been
satisfied, overall, with the products and customer service. Due to COVID-19,
health insurance premiums increased substantially this year.
Our insurance broker, Harden (now Gallagher), worked hard and was able to
negotiate with CIGNA to reduce the increase in rates from over 16% down to 8%
for the exact same coverage. The City had an increase of 10% in the approved
budget, so we were thrilled. This will amount to an increase for employees with the
base plan of$2,15 a month.
The City also pays for basic life insurance for all employees and a robust Employee
Assistance Program and those coverages are remaining the same,
:Harden was able to negotiate the same rates for the following voluntary benefit
providers, which are paid 100% by the employee:
Dental: Sunlife DIIMO (PPO plan has 6% increase)
Vision: Humana
Supplemental Life: Standard
Short Tenn and Long Term Disability; We are switching providers to Sunlife
Supplemental plans: AFLAC
A savings of 2% from what was budgeted, assuming the same employee
participation rates.
:RECOMMENDATION: Approve all employee insurances listed above, effective January 1, 2022
through December 31, 2022 and authorize the City Amager to sign the
relevant documents.
ATTACHMENT;
Resolution No. 21-70
REVIEWED BY CITY MANAGER: k,
Page 63 of 104
Agenda Item #8.D.
22 Nov 2021
RESOLUTION NO. 21-70
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING RENEWAL OF EMPLOYEE HEALTH INSURANCE, AS
WELL AS OTHER INSURANCE BENEFIT PLANS PAID FOR BY
EMPLOYEES, AND AUTHORIZE THE CITY MANAGER TO EXECUTE
ALL RELEVANT DOCUMENTS.
WHEREAS, the City of Atlantic Beach currently provides health insurance options to its
employees through Cigna; and
WHEREAS, the City of Atlantic Beach desires to continue to use CIGNA as its provider;
and
WHEREAS, the City of Atlantic Beach pays for a substantial portion of the health
insurance for employees; and
WHEREAS, the proposed 2021-2022 budget estimated an increase of 11% in this
coverage; and
WHEREAS, the overall increase in rates for 2022 averages 8%, assuming the same
employee participation; and
WHEREAS, the City provides life insurance and EAP benefits to its employees, at no
cost; and
WHEREAS, the City offers employees the option of participating in other insurance
coverage, to include dental, vision, short-term and long-term disability, supplemental life, as well
as several supplemental policies, all at their own expense.
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 employee health insurance
through CIGNA with an overall increased rate of 8%, assuming the same level of employee and
dependent participation;
SECTION 2. The City Conunission hereby approves the renewal of the life insurance and
EAP benefits provided by the City at no cost to employees, with no increase in rate;
SECTION 3. The City Commission hereby approves the renewal of the other insurance
coverage offered to employees at their expense;
SECTION 4. The City Commission hereby authorizes the City Manager to execute all
documents;
SECTION 5. This Resolution shall take effect immediately upon its passage and adoption.
Page 64 of 104
Agenda Item #8.D.
22 Nov 2021
PASSED AND ADOPTED by the City of Atlantic Beach, this 1 lth day of November,
2021.
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
2
Ellen Glasser, Mayor
Page 65 of 104
Page 66 of 104
ACENDA
SUBMITTED BY:
TODAY'S DATE;
MEETINC DATE:
BACKCROUND:
BUDGET:
Agenda Item #8.E.
22 Nov 2021
STAFF REPORT
City of Atlantic Beach
Commission Meeting
RESOLUTION 2173
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA APPROVING A THREE YEAR CONTRACT
FOR BANKING SERVICES WITH BANK OE AMERICA
AND AUTHORIIING THE CITY MANAGER TO
EXECUTE THE CONTRACT; AND PROVIDING AN
EFFECTIVE DATE
Melissa 13urns, Director or Finance
November 10, 2021
November 22, 2021
The City or Atlantic Beach has utilized Bank or AMC -11V N.A. for their
banking needs ror at least 10 years. At SOMQ point during that time, the
contract period ran out, and the City had no control over the lees that the
bank would charge the City For the services it provides.
In July 2020, the City ofOrlando issued a Request Cor Proposal for Banking
Services and Bank of America, N.A. watt awarded the contract. Bank or
America is able lo oiler the same rates as the contract with City o Orlando.
The monthly cost savings would be substantial, an .overall eductiont•in costs
of 48,39/0. Bank or America has provided a side by side comparison as an
illustration of the cost savinus. The prices or this contract would remain in
erred Ir three years. It is anticipated prior to thc three year period, the City
or Atlantic Beach k.vould issue its own Request for Proposals For Bunking
Services,
None
RECOMMENDATION: Commission discuss and approve Resolution 21-73
REVIEWED BY CITY MANAGER:
Page 67 of 104
Agenda Item #8.E.
22 Nov 2021
RESOLUTION NO. 21-73
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA APPROVING A THREE YEAR CONTRACT FOR
BANKING SERVICES WITH BANK OF AMERICA AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Atlantic Beach has had a long standing relationship with its
current banker, Bank of America N.A.; and
WHEREAS, the City of Atlantic Beach does not have a current contract with Bank of
America, N.A.; and
WHEREAS, the City of Atlantic Beach wishes to enter into a contract with Bank of
America N.A. in order to lower banking costs outlined within the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Atlantic Beach, Florida, that
1. The City Commission authorizes the City Manager to execute the
contract with Bank of America N.A.
2. This resolution shall take effect immediately upon its passage and
adoption by the City Commission of the City of Atlantic Beach, Florida.
ADOPTED by the City Commission of the City of Atlantic Beach, Florida on the 22nd day of
November 2021.
Ellen Glasser
Mayor/Presiding Officer
Approved as to form and correctness:
Brenna M. Durden
City Attorney
ATTEST:
Donna L. Bartle
City Clerk
Page 68 of 104
Agenda Item #8.E.
22 Nov 2021
Umbrella Agreement for Government Banking Services
This Agreement for Government Banking Services (the "Agreement") is made and entered into as of this 1st day of December 2021, between
City of Atlantic Beach (the "Client") and Bank of America. N.A., a national banking association (the "Bank").
WHEREAS, on October 5, 2001, Bank and Client entered into that certain Authorization and Agreement for Treasury Services Terms and
Conditions Booklet (as may be amended from time to time, the "T&C"), for the provision of various banking services by Bank to Client; and
WHEREAS, on May 16, 2020, the City of Orlando, Florida, ("Orlando") issued Request for Proposal RFP 20-0276 (the "RFP") for certain
banking services identified in the RFP (the "Services");
WHEREAS, on July 1, 2020 the Bank issued a successful bid response (the "Proposal");
WI IF.REAS, pursuant to the laws of the State of Florida, as applicable, Client wishes to procure one or more Services from Bank on the basis
of the Orlando RFP and Bank Proposal, and subject to the fee schedule provided in the attached to, and incorporated into, this Agreement
Exhibit A, Fee Schedule; and
WHEREAS, the parties wish to enter into this Agreement for the purpose of specifying the term, fees and constituent documents of the
Agreement between Client and Bank regarding the Services;
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein and other good and valuable consideration, the
parties hereby agree as follows:
1. Integrated Aareement, The entire and integrated agreement between the Client and the Bank ielated to the Services shall consist of this
Agreement (including Exhibit A Fee Schedule), Bank's Treasury Services Terms and Conditions booklet (including user docuinentation
and set-up forms), Bank's Deposit Agreement and Disclosures booklet, Orlando RFP and Bank Proposal. In the event of conflict among
any of the preceding documents, such documents shall govern in the following order of precedence: (1) this Agreement, (2) Bank's
Treasury Services Terms and Conditions booklet (including user documentation and set-up forms), (3) Bank Proposal (4) Orlando RFP
(5) Bank's Deposit Agreement and Disclosures booklet. The integrated agreement supersedes all prior negotiations, representations,
statements and agreements, whether written or oral, regarding the Services.
2, Term. The term of this Agreement shall be three (3) years beginning on 12/1/2021and continuing through and including 11/30/2024
unless earlier terminated as provided for in this Agreement. The term of this Agreement may be extended by mutual consent of the
parties.
3. Commencement of Performance. Except as otherwise agreed by the parties, Bank shall begin performing each Service upon execution
and delivery of this Agreement, the pertinent service agreement(s) and the related set-up form(s). Bank shall continue to perforin such
Services during the term of this Agreement.
4. Notices. Except as may otherwise be specified in the applicable service -level agreement(s) or set-up form(s), notices to Client and Bank
shall be sent by U.S. mail, postage prepaid, to the addresses set forth below:
Client: City of Atlantic Beach, Florida
Attn: Finance/Procurement
800 Seminole Road
Atlantic Beach, FL 32233
Bank: Bank of America,
Attn: Public Sector Banking
9000 Southside Blvd
Mailcode: FL9-200-04-18
Jacksonville, FL 32256
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
5. Severabilitv. Should any of this Agreement be deemed illegal or otherwise unenforceable, that provision shall be severed and the
remainder of this Agreement shall remain in full force and effect. The waiver of any right or election of any remedy in one instance, by
either party, shall not affect any rights or remedies in another instance. A waiver shall be effective only if made in writing and signed by
an authorized representative of each party.
00-35-3112NSBNI 03-06-2006 111-03.2014) Page 1 of 6
Page 69 of 104
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
By:
Name:
Title:
By:
Name:
Title:
CITY OF ATLANTIC BEACH BANK OF AMERICA, N.A.
(CLIENT'S LEGAL NAME) (BANK NAME)
By:
Name: Mary Steward
Title: Vice President
(Signature)
(Print or Type)
(Print or Type)
(Signature)
(Print or Type)
(Print or Type)
By:
Name:
Title:
OO-353112NSBW 03-06-2006 (11-03-2014) Page 2 of 6
(Signature)
(Print or Type)
(Print or Type)
(Signature)
(Print or Type)
(Print or Type)
Agenda Item #8.E.
22 Nov 2021
Page 70 of 104
Agenda Item #8.E.
22 Nov 2021
Exhibit A
Fee Schedule for the City of Atlantic Beach
Service Description Frequency Unit Price
COLLECTED OVERDRAFT INTEREST CHARGE AMOUNT 0.0000
LEDGER OVERDRAFT PER DAY PER DAY 50.0000
DEPOSIT BANK ASSESSMENT PER $1000 0.1461
ACCOUNT MAINTENANCE PER ACCOUNT / PER MONTH 2.5000
REMOTE DEPOSIT ACCOUNT MAINT PER ACCOUNT 25.0000
INTEREST BEARING ACCOUNT
MAINTENANCE PER ACCOUNT/ PER MONTH 75.0000
ZBA-DEPOSITORY+ MASTER MAINT PER ACCOUNT 20.0000
ZBA-SUBSIDIARY ACCOUNT MAINT PER ACCOUNT / PER MONTH 4.0000
DEBITS POSTED -ELECTRONIC PER ITEM 0.0200 1
DEBITS POSTED -OTHER PER ITEM 0.0200 1
CREDITS POSTED -ELECTRONIC PER ITEM 0.0200
CREDITS POSTED -OTHER PER ITEM 0.0200
ZBA PER TRANSACTION PER TRANSACTION 0.0000
DEPOSIT ACCOUNT STMTS OVER 1 PER STATEMENT (OVER 1/MONTH) 0.0000
GCS MANUAL INFO REPORTING PER CALL 5.0000
GCS TRANSACTION HISTORY PER CALL 5.0000
PHOTOCOPY -MANUAL PER ITEM 10.0000
REMOTE DEPOSIT CKC IMAGE PROC PER ITEM 0.0400
ATM DEPOSITS PER DEPOSIT 2.0000
BANKING CENTER DEPOSIT PER DEPOSIT 3.0000
QBD-NIGHT DROP DEPOSIT PER DEPOSIT 2.0000
CURR-COIN DEP-$100-QBD-ND PER $100 0.2500
CURR COIN DEP $100 -ATM PER $100 0.2500
CURR-COIN DEP-$100-BKG CTR PER $100 0.3500
CHANGE ORDER BKG CTR PER ORDER 8.0000 1
COIN SUPP ROLL-BKG CTR PER ROLL 0.2500
COIN SUPP ROLL-BOX-BKG CTR PER ROLL 0.2000
CURR SUPP $100-BKG CTR PER $100 0.3500
BANK BY MAIL DEPOSIT PER DEPOSIT 5.0000
CASHPRO MOBILE CKC PROCESSING PER ITEM 0.1500
CHECK DEPOSIT -ICL or RDSO PER DEPOSIT 0.7500
IMAGE DEPOSITED ITEMS-RDSO PER ITEM 0.0600
CHECKS DEPOSITED -ATM PER ITEM 0.0400
CHECKS DEPOSITED-BKG CENTER PER ITEM 0.0400
CHECKS DEPOSITED -FOREIGN ITEM PER ITEM 3.0000
RETURNS-CHARGEBACK PER ITEM 1.0000
RETURNS -ADDITIONAL ADVICE PER ITEM 0.6500
RETURNS-RECLEAR PER ITEM 1.2500
RETURNS-RECLEAR SERVICES PER MONTH 1.0000
RETURNS -E-MAIL IMAGES PER ITEM 0.7500
DEPOSIT CORRECTION -CASH PER CORRECTION 4.0000
DEPOSIT CORRECTION -NONCASH -RDS PER CORRECTION 4.0000
ARP DEPOSIT RECON MAINTENANCE PER RECONILIATION 150.0000
ARP DEPOSIT RECON PER ITEM PER ITEM 0.1500
00-35-3112NSBW 03-06-2006 (11-03.2014) Page 3 of 6
Page 71 of 104
Service Description Frequency
MAIL NOTIF-DCN OR RECEIPT-VLT PER DCN OR RECEIPT
ARP PPAY MAINT-NO RECON PER ACCOUNT / PER MONTH
GENERAL DISB CKS PAID-TRUNC PER ITEM
POSITIVE PAY EXCEPTIONS PER ITEM
ARP POSITIVE PAY RETURN -OTHER PER ITEM
STOP PAY AUTOMATED<=12 MONTHS PER STOP PLACED OR RE -ISSUED
STOP PAY AUTOMATED>12 MONTHS I PER STOP PLACED OR RE -ISSUED
STOP PAY MANUAL -GCS PER STOP
NON -RELATIONSHIP CK CASHED PER ITEM
ARP PPAY NO RECON INPUT ITEM PER ITEM
CASHPRO IMAGE SUBSCRIPTION PER ACCOUNT/ PER MONTH
IMAGEDROP FILE MAINTENANCE PER MONTH / PER ACCOUNT
CASHPRO ONLINE IMAGE RETRIEVAL PER ITEM
IMAGE ARCHIVE -90 DAYS PER ITEM
IMAGEDROP PER FILE PER FILE
IMAGEDROP PER ITEM PER ITEM
ARP AUTO CHECK RETURN MAINT PER MONTH/PER ACCOUNT
ARP PPAY INPUT FILE -TRANS 1 PER FILE
ARP FULL PPAY MAINT-PAPER SUPP I PER ACCOUNT / PER RECON CYCLE
ARP FULL PPAY INPUT PER ITEM PER ITEM
ARP VOID CANCEL ITEMS PER ITEM
ARP RECON OUTPUT FILE PER FILE
CASHPRO ARP REPORTS 1 PER MONTH PER ACCOUNT
ARP OUTPUT PROCESSING PER ITEM I PER ITEM
ACH MONTHLY MAINTENANCE PER ACH COMPANY ID, PER MONTH
ACH POSITIVE PAY ACCT MAINT PER ACCOUNT
ACH OFF US DEBITS PER ITEM
ACH ON US DEBITS PER ITEM
ACH ON US DEBITS -SAME DAY PER ITEM
ACH OFF US CREDITS PER ITEM
ACH OFF US CREDITS -SAME DAY PER ITEM
ACH ON US CREDITS PER ITEM
ACH ON US CREDITS -SAME DAY PER ITEM
ACH ORIGINATED ADDENDA PER ADDENDA RECORD
ACH BLOCKS AUTH INSTRUCTIONS PER BLOCK AND PER FILTER
ACH DEBIT RECEIVED ITEM PER ITEM
ACH CREDIT RECEIVED ITEM PER ITEM
ACH RETURN ITEM PER ITEM
ACH UNAUTHORIZED ENTRY I PER ITEM
ACH INPUT -FILE PER FILE
ACH DELETE -REVERSAL BATCH FILE PER BATCH OR FILE
ACH DELETE -REVERSAL PER ITEM
ACH REPORTS -FAX PER REPORT
PAYMODE CON TRANSACTION PER PAYMENT
ACH SETUP PER COMPANY ID
ACH TRANSMISSION SET UP -TEST SETUP
ACH BLOCKS AUTH ADD -CHANGE PER ADD/CHANGE
00-35.3112NSBW 03-06-2006 (11-03-2014) Page 4 of 6
Agenda Item #8.E.
22 Nov 2021
Unit Price
3.0000
15.0000
0.0250
0.0000 1
15.0000 1
3.0000 1
20.0000 1
30.0000 1
0.0000
0.0200
3.3300
15.0000
0.0000
0.0000
10.0000 1
0.0012 I
10.0000 1
0.0000 1
25.0000 1
0.0200
0.0100 I
8.0000
3.7500
0.0000
8.0000
15.0000
0.0200
0.0200
0.0200
0.0200
0.5000
0.0200
0.0200
0.0100 I
0.1500
0.0200
0.0200
0.7500
4.5000
4.0000
100.0000
10.0000
3.0000
0.1000
100.0000
0.0000
5.0000
Page 72 of 104
Service Description
ACH BLOCKS AUTH MAINTENANCE
ACH NOTIF OF CHANGE (NOC)
ACH POS PAY EXCEPTIONS -PAID
PAYMODE CON MTHLY LICENSE
ACH REPORTS -ELECTRONIC
EDI REPORT PER ACCOUNT
CASHPRO CONNECT REC MAINT
CASHPRO CONNECT REC INVOICES
CASHPRO GP ACCTS ENTITLED
WIRE MONTHLY SUBSCRIPTION
ELEC WIRE OUT -DOMESTIC
CASHPRO ACCOUNT TRANSFER
ELEC WIRE OUT -BOOK DB
INCOMING DOMESTIC WIRE
INCOMING USD INTL WIRE
BOOK CREDIT
CASHPRO GP CUST MNT TMPLT STRG
CASHPRO ONLINE PDR ACCOUNT
CASHPRO ONLINE CDR ACCOUNT
CASHPRO CONNECT PDR ACCT
CASHPRO CONNECT PDR ITEM
CASHPRO ONLINE PDR ITEM
CASHPRO ONLINE CDR ITEM
CASHPRO ONLINE SUBSCRIPTION
CASHPRO REPORTING SUBSCRIPTION
CASHPRO ONLINE RESEARCH ITEM
00-35-3112NSBW 03.06-2006 (11-03-2014)
1 Frequency
PER ACCOUNT
PER ITEM
PER ITEM
PER MONTH
PER REPORT
PER ACCOUNT / PER MONTH
PER ACCOUNT
PER INVOICE
PER MONTH
PER WIRE
PER TRANSACTION
1 PER WIRE
PER WIRE
PER CREDIT
PER WIRE
PER ITEM
PER ACCOUNT / PER MONTH
PER ACCOUNT / PER MONTH
1 PER MONTH
PER ITEM
PER ITEM STORED
PER ITEM
1 PER ID/ PER MONTH
1 PER CO ID / PER MONTH
1 PER ITEM
Page 5 of 6
Agenda Item #8.E.
22 Nov 2021
Unit Price I
10.0000
0.7500
5.0000
100.0000
1.0000
5.0000
5.0000
0.1000
0.0000
10.0000
3.0000
1.0000
2.0000
2.0000
14.0000
1.0000
1.0000
10.0000
12.0000
20.0000
0.0800
0.0200
0.0300
20.0000
10.0000
0.0000 j
Page 73 of 104
Agenda Item #8.E.
22 Nov 2021
Disclosures:
Bank of America has endeavored to provide the City of Atlantic Beach, FL (the City) with a comprehensive fee schedule based on your
current services. Given the number of services and product options available to our clients, it is difficult to determine or anticipate all
products and services that may be applicable for future enhancements. Therefore, banking services utilized but not specifically referenced in
this proposal will be charged for and appear on the monthly analysis statements.
Pricing for future enhanced services is typically based on multiple factors and can often be more aggressively priced if we understand the
total scope of services desired and the associated volumes. Therefore, it is most advantageous for the City to allow mutually negotiated
pricing for enhanced solutions to be provided upon mandate and prior to set-up.
Deposit insurance Assessment (formerly known as FDIC) is subject to change at any time. It is based on an account's average positive
ledger balance for the month. The Assessment Fee may include deposit insurance, FICO assessment and other charges provided by law. This
charge can be offset with earnings credit on eligible collected balances. The Assessment Fee is computed based upon the current monthly
multiple and the average ledger deposit balance. The current monthly assessment factor is 0.1461 per $1,000 which equates to 0.175% per
annum and is subject to change.' The monthly calculation is: Ledger balance divided by $1,000 x 0.1461.
Please be advised that your future account analysis statements may include the following fee line item entitled "Balance Related Fee". We are
not assessing the Balance Related Fee at the time of submission but we may need to assess this fee as a result of market conditions (e.g.,
interest rates turn negative) or for other reasons (e.g., costs).
The Reserve Rate, historically at l0%, is currently at zero, but subject to change without notice.
Our ECR and interest rates both are "managed" rates and will move directionally with the market.
The Earnings Credit Rate (ECR) on your account is used to calculate your Earnings Allowance, which is based on your average investable
balance. Bank of America bases your EAR on a number of prevailing market indicators and therefore it may vary.
The Collected Overdraft Interest Charge Rate on your account is used to calculate your Collected Overdraft interest Charge, which is based
on your negative collected balance. The rate on your account may vary; and is subject to change. When determining this rate, Bank of
America considers a number of factors and generally bases this rate on our Prime Rate plus a margin. The margin may change periodically.
It is the responsibility of the City to review their monthly analysis statement and notify Bank of America of any discrepancies within 45 days
of receipt of the analysis statements. Once the City contacts Bank of America, the discrepancies and/or additional charges can be reviewed
and a mutually agreed upon price can be applied for these services.
Additional information regarding pricing or fees may be obtained from your Bank of America representative.
Supplies:
Deposit supplies such as deposit slips, endorsement stamps and bags are provided at cost plus shipping and handling, and are subject to
change without notice. These supplies can be ordered through our Client Services Center or a vendor of choice. These charges can be
assessed to analysis upon request.
• Deposit tickets/slips vary depending upon type. The cost begins at $26.
• Endorsement stamps (self -inking) start at $24.
• Deposit bags (plastic, disposable, tamper -evident) vary according to style and size and arc shipped 100 per box, starting at $24.
• Coin and currency wrappers are shipped 1,000 per box, starting at $10.
• Envelopes are not provided by the bank or its vendor Harland Clarke.
00-35-3112NSBW 03-06-2006 (11-03-2014) Page 6 of 6
Page 74 of 104
ATLANTIC BEACH, CITY OF
Bank of America Pro -Forma of Pricing
Pricing Torn,.
3 years
BANK OF AMERICA. --
P.m serener se to dam 'ammo whim, certom Ted schedaled MI ad in 213 20 deep mearcera the rerma or ens, demure aphearreor Or dumps Ma Treasury Secedes Terns 'and Cendarces bemaTeM
,with regard to your rolls Mere under inclodlng Par nal Sor ted o the ogler to Vern nMe sphere semces a a prov,ded ',Pm Me sac, ce agreement. Add elonalls any t'ea s Module s pup Den
to pos. are esPeDt Cc chance upon 32 dams cohce 10 you no looker 2,,a[1.,, r 2, sore thoorel 20 2111 or ore concesoncs that ,hey have 11220110162
Balance And Compensation Inforrnati on
11302112 L'EDC,ER .OVER7FE.,ET PER CA, -
050233 2:00001— BANK ,o 66Es sm.ENT 11
Total Balance And Compensation information
General Account Services
C, $50,622c 52,001 E50.03013 50311
2,302 50 146 I 51,220 SS :50 1411 51,650 90
51,880.99 51.090,99 02000
210100 ACCOUNT NI ',stag, ENANGE 1- 2 522.11003 SA -1a' 575200 02:3
020 202 OEI2OfT 2E0027CCOUNT mAiNT 1- 0 550.0003 50 C0 025,111102 51107
5, 0012' IN". 6,60-1 3EARIN,6 2000661 1- 1 5751007 200 11-2 575,2000 571120
roAl11"7'ENANCE
01,2222 Z011-3EP06ITORv. ^.135-1E.7 MAINT 0 54 T.5000 54310 520 WO 117700
1210321 Zeh-S'JBS,O.,,o,Rst ACCOUNT M., -,K7 1- 2 513:7020 5111105 54.112110 55 GC
012120 056420 505200-ELECTRCtilC 1.- 15 55 2325 20 00 22 ,0712 0030:
0110100 0E5125 F067ED-OTHER ly Ci 55 3522 5032 020262 01112
515101 CREDITS POSTED -ELECTRONIC 20 115 53 1200 510 55 1115202 52.25
512121 cF32i-r-5: praST.h..CDOTIR 1. 3 02 '5500 0322 00.02,30 00 02
0102 12 0820115 --R3N0110710t: t b 11 50,0220 50,0 52,2200 5020
112201 are 201.0 Ter 00 days. Mem mos mr Mr,* rhh-Ferrhe
OTher rear "hay 20 35-Se11517. 1 pc:romance men Boras DT Amor ca's Schedule 61 Feas.
Confidential to Book of Americo
012a10,, 21121
1701 JO St aed
Pepe 1 2011
ATLANTIC BEACH, CITY OF
Bank of America Pro -Forma of Pricing
BANK OF AMERIC/07.;:i?;`'
C711::cne9e S'erv'e*Desti
General Aocount Services
010515 DEPOSIT ACC OJNT ETN'TS OVER 1
0,05C.2 C.C.S MANUAL INFO REPORTING
C15005CS TRAN3acriori. 51570.1V
015955 REMOTE OEPOS17C NAGE PROC
Total General Acco out Services
7 11, C., 50 0200 55 00 550100
1 , 50.0000 50.00 05.0500
1+ Y 55 ,5575 5500 55.5000
0 VI 150G 50 00 55'.041.5
52103.36
Depository Services
100000 ATM 1EPC5517.5
100252 eAN.ki NG CENTER DEPOSIT
(000.7 CBD,NIGIH7 DRO'DEPOSIT
15001A CURR-CC01 "DEP-5 ,C0C.BD-Na
C501Z CURB CON DEP 5t00 -4.-k' i
•0201CUP,R,C.O.N DE,.5107KG 075 1.
10005,5 CHANGE ORDER EKG CTR 1=
1D90.44 CCik -SUP P ROLL -SAO CPR In
105044 COIN SLIPR ROLL -BOX -C CTR
100049 CLJRR SUPP 5'.50-550
I (:010C BANK eV MAN, 0E5051 I -
100200 CASF'PRO 5011,55 OK: PR,OC ES 5WG •
10020,2 CHE,.7. OE EQ51-1.1CL RDSO
are sattr far 90 days frC, 005 pro0O0o0
0150* 're,.s may 05 assesseo ,strzordor with Ban'S cf kmorica's Sched,...e cf Fees
Cootiderstiat to Bank of America
NO,. 015 2020
1701 JO 9L. aed
50.20
55 00
Sk
SR (.5
5120,56 riyr,
9 52 57071 50.05 0251350 15) 57.
53.5550 5a.50 559055t 05 0*
307 52 5000 552 50 52.0050 574.05
254 50.1105 52755 50.2500 50355
t^ 502555 50.05 5.0.25157 MCC
1 512705 55,20 55.3950 50.55
3 57=10 .90013 58.5505 524..05
0 .90 2050 55.55 5025)0 0505
a 10.3000 10.00 -55.2500 5057
5 50 0500 50.45 00,1557 5175
5 05.0535 50 .an 55,95:0 5002
0 59 1905 .9..120 5015552 .55.30
0 51 2509 52110 90.7529 50.05
Gage 2 s'Y
ATLANTIC BEACH, CITY OF
Bank of America Pro -Forma of Pricing
BANK OF AMERICA
Pr.e AFP e"ice r)t'scr'Ptian %:141:e No tfs Curgn.:€ CiCut= Pn'tri:;je Vaulanit
Depository Services
103225 WAGE OE PDSITED ITEM01,61050
100227 CHECKS DEPOSITED -ATM
1133224 CH8000 DEPC5111ED.B.3.0DIEN1ER
130511 CrIECKS DEPCS1TEC.FCRE1Gr11 ITEM
150.400 0E1 LRNS.CHARGE8 ASK
113C401 0ETLI14115-ADDI1IDNAL ADV10E
'012402 RE T JRNS-RECLEAR
.10402 RET1JRNS.RE01-E".AR SE074161:15.5
10420 RETURN, 5-.E.N1A1 1111AG05
100021 DEPOSIT C0RRE3T ION -CAS H
13C502 DEP3..50 CORPE03ION-N0041:501-1-83110 1$
056103 ARP F-113,0111 0000 0 MX r,TEN f,NC1$1.
100010 ORP DEPo s IT RECCK 'PER TEM $
100900 'MAL NOT;F.DCN CR RECEIRT.VLT
Total Depository Service s
Paper Disbu rsernent Se rv/ces
03510, PHOTDCDPY.MAI:l1AL
150033 hR.F1.PAY 7,04.10/15.NC 05005
155102 GENERAL 0101 31.51PAI'D-1RUNC: t $
1.
1 $
Pdces 214 0a1,d14r 01tlys 50tr, receipt 411114 p00400513
Onow 20s 4104 04 445455 1, accoodancc 11110 Bank of Ame5084 01.:0e.6.0e 53 Fees.
054101404 00405 to Dank of Arnanza
000 00,20.21
1701 JO L.L. a2ed
$ 00_0500 Sc CD 55.0000
D 53 2700 0002 53,0400 20.50
2.2(01 50 2100 845225 00 D400 00314
0 211000 00 DO. 03 0000 50 03
4 52.3000 5000 51 0050 0453
6 50 8570 53.90 0006500 03.55
0 2400710. 58.80 5 -, .2a,k; 04.30
3 05 0530 20.04 so u505 50 00
4 51).400) 53.0.0 00 7500 53813
1 500000 58110 54.0300 5481)
a 57.5007 014 70 54.000.5 20.11.0
' S1500000 2153,20 050.0000 M50 00
15.1 50.1530 5215.11) 5(3.3502
58007(1 03103 55.000 0370
.0793:79 0155.08
5 010500 54000 0700300 54500
1 055 5030 05505 0130003 513 53
0010 2(1 '600 555 57 55 0253 5E.50
Page 3530
ATLANTIC BEACH, CITY OF
Bank of America Pro -Forma of Pricing
SANK OF A IvIERICAC"7'?;"'
Prici AFP Semi Description VuluITpb, No. of Current Current Prah3osed Ptosed %
Prim Charge Price Charge Variance
Paper isiourserrvent Services
153315 POSTIVE 5.45 EXCEPTIONS
105222 3R3 509,715-a ?AY' RETQ R 3 -07 -ER
150410 ST!)F 031 4...11"0V3TED<,2 DNIR 5
155415 S DP ?Y .A"J-0MAT ED,12
155.1515 01 555 MANUAL -550 01
150500 N531-REL35I1NSF135 OK 035350
OLIJ .;RP PPAr 301 3500K IN.531 ITEM 1.
'5'35C 03:05515031305 S533SC.RIPT.Q3
1:51195 IMAGE:N:2,W L5 M Al./TEN A51: -.:E 14
151351 PRO 0 LI NE 11.*AGE R.E'r EVAL
15130, 1,2005 ARC:FAYE-90 SAYS
1 51350 IVAGEOR OP PER FIE
151252 I MAGED.R.0',' P515150,'
559359 ARP 5530 INP,IT FILE -TRANS
Total Paper Disbursement Services
Paper Disbursernent Reconciliation Services
53 5000 .en Tic. .5,7.J:inc2
5 515 01155 575 65 91501500
SI 5,7 opor .$10105 93(2006
.2 520.030e 50.135 520 6000
1 520.05,5 536.00 9515 9555
1 242535 55.50 554000
0, 50.3255 5050 50 020
3 53 5300 5539 93533CO
2 520 6392 550 50 515 00151
3 99.0212.) SO 55 55 50541
3.2 SC 5207 50 CO 50.0000
5155550 9(050 510205,6
352 51..)-450 513 C5 595012
13 50.55013 0002 009505
5454515
55 CiC,
373,Q5
'42.7:Ur
90 05.
92(3 615
Fr) Cr)
50(37
5.5.0.6C
55,59
5550
510 YO
5k7,
59 CYJ
$.2.15.21 Y
159905 ARP AUTO CHECK 30(201514 513135 1+ C, 516 01362 5300 310 0300 50 52
25 af.1 3 3150 FULL 5955 MAINT-PAP ER 5.00+0 1 55,0 035:I 5(0520 525 0050 55053
220115 A3,3 FULL PRAY ,Npu 0 5 6'3 iTEV. 1- 165 500700 9.25.02. 55.0250 57.39
915:,55 are rale for 50 ,Jayz. ircr— re7e,pr Thstgq v-Lxvna
01,10, fecs may oc 5sse8se., vxordaroce .11, Bank of Anicnc,:s 355003,0 roes
Confidential to Bank of America
Ns' 05,2(22"
1701 JO 8L aed
Page. 9 of -1;,
ATLANTIC BEACH, CITY OF
Bank of America Pro -Forma of Pricing
BANK OF AMERICA "'..-74"
I Price AF V turns No. of Curti -ant Currant Proposed op seri
Change Cistle fit Units 1,rite Charge Price ar ariarice
Paper Disbursement Reconciliation Services
200205 ARP VOID CANCELITENTs
200300 ARP RECON OJTPLIF FILE
20C305 C10SHPR0 ARP REPORTS
204-370 ARP OJTRUT 5000255310 PER 7E1'4 1 -
Total Paper Dis bars ement Recoriciliatlon Services
171 00 0000
520 COCO
5300500
360 505040
50.00, 00.0137
707340 500,6073
55320 $3.7550
.50 0000
$335_63
$1". 25
00 DO
$34.71 0+77
General ACR Services
250007 ACH 0'`ON-7,-ILY NIANTENANCE 2 525 0030 550.00 58 77173 077102
2001747 ACM POSMVE PAY ACCT MAINT 0 054.0000 073.00 1515.0000 000,0
250100 007+107r7 '05 0517770 1.320 53.1520 5,90.00 57302,70 iV.5.48
250 702 009 00,4' 2 0 17,175,71S +,, 73,7,; 010.1500 ,551760 SQ.0230 0000
200100 ACH 07,00 00EJS-0 AMF 04? 1. 6 00:500 0007 50.0000 50 ,2
250101 itC+ 000 U5 ,0.''REDITS 1+ 455 50 ,00:0 555 50 50,0270, Zlt 1,7
250101 0,00. 0E7 .40 0000 TS 001715304 1' 0 00.5000 00 CC 53.5070 510 00
050101 ALF ON 00 CREDITS 1 75 50.1000 5703 50,0200 51 _53
'
252101 ACH ON 00 CREOITS-S.ANIE 7340 1. 0 302000 50.00 50.0200 50.00
250720 ACH ORIGINAJED 0013E0,0; 52,0700 5G.07 50.0100 5007
2.50050, 30' 8,_C C K.'S Ala+, , VrRU,CT,ON 5 1+ 34 535304' $12,00 50.700,7 53.00
250200 CoADEBT FtECEVED ITEM 10 77 50,0004 00,70 50.0230 50.34
250200 AC +I CREDIT RECEIVED ITEM " '72 00.0003 50,30 52.4254 5070
0176710 010 vO40 Or FA days "rem feceW
010711 1001 me be 0 00e60e3 17 37t,711e3nce o,0182.115, el 510e+ ea's Schet,de or Fees
Co nficlenual to Bank of Arnerica
Noo '25, 2021
1701 10 6L. aed
Page 5 01
ATLANTIC BEACH, CITY OF
Bank of America Pro -Forma of Pricing
BANK OF AMERICA
Genera:1 ACK Services
250'202 ACH RETURN ITEM
091.2 laNA, C 'RV "tt
2.5"O), ACH "rjTFrE
259622 ACH DELETE -REVERSAL EATC4 TL 1+
250E40. ACH DELETE -REVERSAL 1-
25CrOt, ACH REF OR FS -FAX 1-
2.5c,5cD RAYMODE CON TRANSACTION 16
25,t ACH 1:3"10.25,tS AUTH ADOtCHANGE 14
2St GEC ACH BLOCKS AUTH MAINTENANCE 257 C51 ,ACH NOTIF OF CHANGE iNOCI t-
251095 ,ACH POT PAY EKCEPTIONS-PAD
251110 PAYMC DE CON U7. LICENSE
2999 ASH REPO R -S- ELEOTRONC 1.
5552120 CA2t-I0R0 ACODUNT TRANSFER
Total General! ACH Services,
EDI Services
•, 352.0222 ED REPORT PER ACCOUNT
3525)225 C SHEPO CONNEC- TEC 5,15,12552
PoCos ate to"RJ Nr.90.dayo 'tot, fot Ott ;olio pro-tterna.
Otho7 toss may he asscssett atrordarce with Darts 5,5 Anteica't SONadttile,V Fees
Gonfidentlot to Bonk of America
06,200'
1701 JO 08 aed
s 55,55)5, 517.60" 552,..750.9 53.75
0 5.1.5O9C" 50.052. 54,5O36 552."20
0 5 t 4.C50.0 5530.527 04.05,5252 5,52052
55,55,7522 5565252, 510 06052 51001752
5,75,7520 07 5Q St° ex9 510.9C
1
$1" okte 53.5,0 53177eh 5.3.05
'.170 50 tea, 01125,52 5C.193S9 0i205,
0107525,52 51003 55,05S15 56521'
0 02& 52(5352 59,4 DO 510, 052523 105; 520
2 5)552535, 57.00 50 7535, 51,53
0 55 5,0520 54 CO 5511000 55, 5,
1 5.100..000 01520 C"D StiA,C,SCO 510 hit
09 51.0529 060.520 61.0 CiC0 5652' Oft
C" 5-5.f7C5,ll 557,520 91175152.9 So 50
59G2".F 7 5552,652
525 Coo': 62506 55.552952 65,520
52503525 025525] 0525)it 55:99
Fs* 6 of 9
ATLANTIC BEACH, CITY OF
Bank of America Pro -Forma of Pricing
BANK OF AMERICA
Voiume No.1,1
enatIge Code Range Unite
ED Services
22 CASHPRO CONNCT REC. NOCES
Total ED t Services
50,257(' 537 .5.3
537.50
515 7r.
S.15.00
Wire Transfer Services
370i) .G 45 H PRO GP ACTS ENT'7,,ED 1,, 3 59 0003 50117 50,07:11 50.0.11
3000011 WIOE 1,1CfrN LB SuSSC.RI11Ti0,1 1.,, 1 535 C705 135.06 510(7115 510.03
3502:03 ELEC '.'..RE OUT-DOMES7IC 1- 7 55.0303 558.0.0 53.0000 ..E7.21L.1
250123 EEC 1110,0 OUT -BOOK DE11 1r C 58 0000 58.00 72.0033 10 01
43,1301./ INGOSING D011..EST11Wi RE 0 312117110 00(11 07 0030 5000
3503,0 uNCCM,NIG USC 7,fla 400,0 1- fa 5148002 50 (0 614(11011 30 CC
.352220 BOOK CREDIT 1, 0 570000 50.0.0 50.0208 50310
3E0501 0.45 0030 GP C LI GT ;ANT TrArcr .233 1,- 28 01 5,700 55575 51 (557' 520 Co
Tolal Wire Transfer SerAces 5134.00 557.100 07 ear,
Information Services
430252 CA S.H PRO CNL,NE. PEA ACCOUNT
4000E5 CrtSHPRO 05000 :300000007
40115 0350000 CONNEGT 0000,003
I02110 cr,sHFRo CONNECT POIR ME1a
Frees ere Belle io511 eeys Born recerea 07 no pa -701m3,
0,tsrr fees mak no Fesessaa 1 areardaroco with Bar k 7,7 Arnr,ca's 375745 0, Foos
Confidential to Bank of America
Nee 00, 2021
1701 JO T8 aed
3 030,53113 552.40 510..0074 53502
3 033.70 5E.,2.-5,.:" 3127000 13503
0 5407042 SO 00 53,7 COUO 50 00
0 SO 100 5.0.00 5208110 5220
Pace 7118
ATLANTIC BEACH, CITY OF
Bank of America Pro -Forma of Pricing
BANK OF AMERICA?
Change Cocile
General ACH Services
qDC0 ACH TRANSMISSION SET UP -7E57
Total General AC H Services
Total One Time Service Cr
VarieneeiCurrent lo 'Proposed):
P,,,07$ are vsAd c ass frit, recep at Ms pro-klere
°e'er ices may oeaseessed fl aCordaro wen bank of Areenca's Seheatea e Fee&
Confidential to Bask or Anielleal
Nov C:5, 2Uel
1701 JO Z8 aed
Se9,0C0S
So co SEGOo
$coo
S0.00
5re 00
S6,00 OAS%
5,0. 00
0.00 Va
Page o'
ATLANTIC BEACH, CITY OF
Bank of America Pro -Forma of Pricing
SANK OF AMERICA
ice AFP Servtcet3eseilption
2hauic Code
VolumeUnits
Raricos
Prsppixsed
nf o rmati on. Services
40212
409275
400292
40090
40E11342
0140440R0 ON4114E POR ITEM
CA2I4PFRO ONUI4E 000 ITEM
CASFP00 Cl4LorlOJ5312011110N
CAShPRO REPORT .11/8 SU9S1,4411E111011
CASiHERC, ONLINE RESEAACH 1TEIT
Total Information Services.
Total Monthly Service Charges {includes FDIC):
Annualized (includes FOIC)::
44- Varin nce(Cu rrent to Proposed):
One Time Service Charges
Gera AC Services
0014 SETUP
1*
Prices aae vaal for 90 I119y4.144.411.444.,p10! pra.1441,
Ofne41041 mw 00 4$4.esse4 0 acc,44444 wArt 114441.. 41014444gs, Serrerlrac of Pecs
Confiden9a1 to Bank of America
454 30, zw,
1701 JO E8 aed
1,255 50 0439
452 50.9551.
9202052
592900
320 50.900
0 52594)000
550 55
$4E 54
0042
0005
50420
5293.91
54,34594
552151.29
50 0200
50,0360
520 0000
510 00-022
512.N.25
00 00 5190 0000
024.92
524 94
52109
519 90
40 CD
5140.54
52,799.54.
532,225,52
511 00
Page 0 0
Page 84 of 104
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: .Resolution No. 21-75 supporting State legislation that restores authority
to local governments for the regulation of short-term. rental properties as necessary for quality of
life, public safety and a fair lodging marketplace; supports legislation clarifying that existing,
grandfathered municipal short-term rental ordinances can be amended without penalty; and
opposes legislation (hat preempts municipal authority as it relates to the regulation of short-term
rental properties.
TODAY'S DATE: Nov. 10, 2021
MEETING DATE: Nov. 22, 2021
SUBMITTED BY: Kevin Hogeneamp. Deputy City Manager
PRIORITY: Supports "Livability: An initiative to improve health, education, housing
conditions, culture and leisure, and other quality -o I -life indicators."
SUMMARY: When Florida cities were pre-empted by the Florida Legislature from regulating
short-term vacation rentals in 2011, Atlantic Beach and other cities with an existing ordinance
were "grand fathered" and allowed to keep what was already in place. Laws further preempting
the City's control over preserving the quality of life for those residents by regulating sbort-term
rentals would dramatically impair many of the characteristics that make Atlantic Beach great
place to live and work,
RECOMMENDATION: Commission consider approving Resolution No, 21-75
BUDGET: N.A.
ATTACHMENT: Resolution No 21-75
CITY MANAGER:
Agenda Item #8.F.
22 Nov 2021
Page 85 of 104
Agenda Item #8.F.
22 Nov 2021
RESOLUTION NO. 21-75
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
SUPPORTING STATE LEGISLATION THAT RESTORES AUTHORITY TO LOCAL GOVERNMENTS
FOR THE REGULATION OF SHORT-TERM RENTAL PROPERTIES AS NECESSARY FOR
QUALITY OF LIFE, PUBLIC SAFETY AND A FAIR LODGING MARKETPLACE; SUPPORTING
STATE LEGISLATION CLARIFYING THAT EXISTING, GRANDFATHERED MUNICIPAL SHORT-
TERM RENTAL ORDINANCES CAN BE AMENDED WITHOUT PENALTY; AND OPPOSING STATE
LEGISLATION THAT PREEMPTS MUNICIPAL AUTHORITY AS IT RELATES TO THE
REGULATION OF SHORT-TERM RENTAL PROPERTIES; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, when Florida cities were pre-empted by the Florida Legislature from regulating short-term vacation rentals
in 2011, Atlantic Beach and other cities with an existing ordinance were "grandfathered" and allowed to keep what was already in
place. Cities without an ordinance lost the ability to regulate the location of these properties, resulting in a proliferation of short-
term rentals in areas that had traditionally been long-term residential neighborhoods; and
WHEREAS, a "one size fits all" approach by state regulation of short-term rentals in Florida ignores the fact that
communities throughout our state are unique and have different needs with regard to this issue; and
WHEREAS, decisions regarding matters directly impacting the quality of life of Florida's localities should be left to
Florida's localities; and
WHEREAS, the City of Atlantic Beach seeks to preserve and protect home rule authority for Atlantic Beach and local
governments statewide; and
WHEREAS, laws further preempting the City's control over preserving the quality of life for those residents by
regulating short-term rentals would dramatically impair many of the characteristics that make Atlantic Beach great place to live
and work; and
NOW THEREFORE, be it resolved the City Commission of the City of Atlantic Beach, Florida:
Section 1. That the City Commission of the City of Atlantic Beach, Florida, supports State legislation that restores
authority to local governments for the regulation of short-term rental properties as necessary for quality of life, public safety and a
fair lodging marketplace; supports legislation clarifying that existing, grandfathered municipal short-term rental ordinances can be
amended without penalty; and opposes legislation that preempts municipal authority as it relates to the regulation of short-term
rental properties.
Section 2. That the City Commission directs the City Clerk to transmit a copy of this Resolution to the Florida Governor,
the City of Jacksonville, the Florida League of Cities, and the Duval County delegation of the Florida Legislature, for distribution.
conflict.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such
Section 4. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 22' day of November, 2021.
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Ellen Glasser, Mayor
Page 86 of 104
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Resolution No. 21-76 supporting State legislation to authorize cities and
counties to restrict smoking in parks, on beaches, and in other public spaces.
TODAY'S DATE: Nov, 10, 2021
MEETING DATE: Nov, 22, 2021
-
SUBMITTED BY: Kevin Hogencamp, Deputy City Manager
PRIORITIES: Supports "Livability: An initiative to improve health, education, housing
conditions, culture and leisure, and other quality -of -life indicators"
Supports "Environmental Leadership: An initiative validating COAB's
commitment to being a sustainable, resilient community"
SUMMARY: Florida law prohibits local governments from setting up reasonable
smoke-free zones in public parks, playgrounds, recreation fields and beaches, There is no
better time than the present for the Florida Legislature to enact healthy legislation to protect the
State's residents, visitors and ecology from harmful secondhand smoke exposure, protect young
children and wildlife from toxic cigarette butts and other tobacco litter, and provide a positive
role model for our youth by making all beaches and parks tobacco -free,
RECOMMENDATION: Commission consider approving Resolution No. 21-76
BUDGET: N.A.
ATTACHMENT: Resolution No 21-76
CITY MANAGER:
Agenda Item #8.G.
22 Nov 2021
Page 87 of 104
Agenda Item #8.G.
22 Nov 2021
RESOLUTION NO. 21-76
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING STATE LEGISLATION TO AUTHORIZE CITIES AND COUNTIES
TO RESTRICT SMOKING IN PARKS, ON BEACHES, AND IN OTHER PUBLIC SPACES;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida law prohibits local governments from setting up reasonable smoke-free zones in
public parks, playgrounds, recreation fields and beaches; and
WHEREAS, there is no better time than the present for the Florida Legislature to enact healthy legislation to
protect the State's residents, visitors and ecology from harmful secondhand smoke exposure, protect young children and
wildlife from toxic cigarette butts and other tobacco litter, and provide a positive role model for our youth by making all
beaches and parks tobacco -free; and
WHEREAS, secondhand smoke harms everyone, especially children. It causes cancer, heart disease, respiratory
problems, and triggers asthma; and
WHEREAS, further, according to the United Nations International Maritime Organization, 177 species of marine
animals and 1 1 1 species of shorebirds arc affected by tobacco litter, causing unnecessary malnutrition, starvation, and
death. Tobacco litter has been found in the stomachs of fish, birds, whales, and other animals who mistake it for food;
and
WHEREAS, also according to the Environmental Protection Agency, cigarette butts are the most littered item in
America.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida:
Section 1. That the City Commission of the City of Atlantic Beach supports State legislation supporting state
legislation to authorize cities and counties to restrict smoking in parks, on beaches, and in other public spaces.
Section 2. That the City Commission directs the City Clerk to transmit a copy of this Resolution to the Florida
Governor, the City of Jacksonville, the Florida League of Cities, and the Duval County delegation of the Florida
Legislature, for distribution.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of
such conflict.
Section 4. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 22°d day of November,
2021.
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Page 88 of 104
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF 'REPORT
AGENDA ITEM: Resolution N. 21-77 supporting State legislation to address growing
concerns about per- and polyfluroalkyl substances (PFAS) in soil and water,
TODAY'S DATE: Nov, 10, 2021
MEETING DATE: Nov. 22. 2021
)
SUBMITTED BY: Kevin Flogencainp, Deputy City Manager
PRIORITY: Supports Livability: An initiative to improve health, education, housing
conditions, culture and leisure, and other quality -of -life indicators."
Supports "Environmental Leadership: An initiative validating COAR's
commitment to being a sustainable, resilient community"
SUMMARY: Per- and polyfluoroalkyl substances (PFAS) are a large family of synthetic
chemicals used for a wide variety of consumer and industrial purposes, including but not limited
to firefighting loam. In recent years, scientists have concluded that some of these substances can
result in adverse health effects,
t wouki benefit the health and welfare. of Florida residents for the State of Florida to coordinate
with the Environmental Protection Agency to establish science -based cleanup target levels;
provide resources for testing and research, public education and risk assessment guidelines; and
develop cost-effective and risk-based corrective strategies for PFAS. Further, it would be in the
State's and local governments' best interest to establish liability protection for entities that have
legally used PFAS for fire suppression or have passively received PFAS.
RECOMMENDATION: Commission consider approving Resolution No. 21-77
BUDGET:
ATTACHMENT: Resolution No 21-77
CITY MANAGER:
Agenda Item #8.H.
22 Nov 2021
Page 89 of 104
Agenda Item #8.H.
22 Nov 2021
RESOLUTION NO. 21-77
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING STATE LEGISLATION TO ADDRESS GROWING CONCERNS
ABOUT PER- AND POLYFLUROALKYL SUBSTANCES (PFAS) IN SOIL AND WATER;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, per- and polytluoroalkyl substances (PFAS) are a large family of synthetic chemicals used for a
wide variety of consumer and industrial purposes, including but not limited to firefighting foam; and
WHEREAS, in recent years, scientists have concluded that some of these substances can result in adverse health
effects; and
WHEREAS, it would benefit the health and welfare of Florida residents for the State of Florida to coordinate
with the Environmental Protection Agency to establish science -based cleanup target levels; provide resources for testing
and research, public education and risk assessment guidelines; and develop cost-effective and risk-based corrective
strategies for PFAS.
WHEREAS, further, it would be in the State's and local governments' best interest to establish liability protection
for entities that have legally used PFAS for fire suppression or have passively received PFAS.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida:
SECTION 1. That the City Commission of the City of Atlantic Beach supports State legislation to (1) coordinate
with the Environmental Protection Agency to establish science -based cleanup target levels, provide resources for testing
and research, public education and risk assessment guidelines, and develop cost-effective and risk-based corrective
strategies for PFAS; and (2) to establish liability protection for entities that have legally used PFAS for fire suppression
or have passively received PFAS.
SECTION 2. That the City Commission directs the City Clerk to transmit a copy of this Resolution to the Florida
Governor, the City of Jacksonville, the Florida League of Cities, and the Duval County delegation of the Florida
Legislature, for distribution.
SECTION 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent
of such conflict.
SECTION 4. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 22"`' day of November,
2021.
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Page 90 of 104
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Resolution No, 21-78 establishing the Mayor's Council on Health and
Well -Being, and confirming appointments to the Council.
TODAY'S DATE: Nov, 10, 2021
MEETING DATE: Nov. 22, 2021
SUBMITTED BY: Kevin Hogencamp, Deputy City Manager, for Mayor Ellen Glasser
PRIORITY: Supports "Livability: An initiative to improve health, education, housing
conditions, culture and leisure, and other quality -of -life indicators"
SUMMARY: Under Article 11, Section 8, of the Atlantic Beach Charter, "The mayor -
commissioner ... may appoint, from time to time, such special or select committees as in his or
her discretion he or she deems desirable to expedite the handling of the business and aftbirs of
the city". As such, the Mayor desires to have issues and opportunities pertaining to health and
welt -being thoroughly studied by such a select committee, and for the Council to present
recommendations to the City Commission via a final report.
RECOMMENDATION: Commission onidci approving Resolution No. 21-78
BUDGET:
NA.
ATTACHMENTS: Resolution No 21-78
CITY MANAGER:
Agenda Item #8.I.
22 Nov 2021
Page 91 of 104
Agenda Item #8.I.
22 Nov 2021
RESOLUTION NO. 21-78
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ESTABLISHING THE MAYOR'S COUNCIL ON HEALTH AND WELL-
BEING, A SELECT COMMITTEE; PROVIDING GUIDELINES FOR THE SELECT
COMMITTEE; CONFIRMING APPOINTMENTS TO THE SELECT COMMITTEE;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, per Article II, Section 8, of the Atlantic Beach Charter, "The mayor -commissioner ... may
appoint, from time to time, such special or select committees as in his or her discretion he or she deems desirable
to expedite the handling of the business and affairs of the city"; and
WHEREAS, the Mayor desires to have issues and opportunities pertaining to health and well-being
thoroughly studied by such a Select Committee, and for the Select Committee to present recommendations to the
City Commission via a final report.
NOW, THEREFORE, be it resolved by the City of Commission of the City of Atlantic Beach:
Section 1. That there is hereby established the Mayor's Council on Health and Well -Being.
Section 2. That the Mayor's Council on Health and Well -Being (hereafter referred to as "the Council")
shall support the following: the City's mission and vision; the Commission's Quality of Life (QOL) initiative
under the 2021 stated priority of Livability; and the City's potential Blue Zones participation. In doing so and to
the greatest extent possible, the Council shall not duplicate other City Board and Committee work or staff work.
Section 3. That public input and involvement shall be a stalwart of the Council's work.
Section 4. That the Council's recommendations shall be approved by a majority of the Council's members,
and shall be presented as a final report to the City Commission.
Section 5. That a City staff member, as determined by the City Manager, shall be assigned to assist in
scheduling, agendas, minutes, and compiling the Council's final report.
Section 6. That the Council shall consist of 11 members, all of whom shall reside in Atlantic Beach; that
the initial members of the Council shall be appointed by the Mayor, with the approval of the City Commission
via this Resolution; that Council vacancies may be filled by the Mayor upon notice having been given to the City
Commission; and that the Council shall select a Chair and Vice -Chair from among the membership.
Section 7. That the following residents are hereby appointed as initial members of the Council: Jim Belich,
Kyle Brady, Joyce Freeman, Ellen Golombek, Lisa Herrold, Michael Hosto, Michael Lanier, Tracy Marko, Steve
Piscitelli, Jessica Ring and JoAnn Wallace.
Section 8. That Council members must complete requisite training (online) by February 2022.
Section 9. That a quorum of the Council shall require six members.
Section 10. That the Council shall sunset on Nov. 9, 2022.
Section 11. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the
extent of such conflict.
Page 92 of 104
Agenda Item #8.I.
22 Nov 2021
Section 12. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 22"d day of
November, 2021.
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Ellen Glasser, Mayor
Page 2
RESOLUTION 21-78
Page 93 of 104
Page 94 of 104
AGENDA ITEM:
SUBMITTED BY:
TODAY'S DATE:
MEETING DATE:
BACKGROUND:
Agenda Item #9.A.
22 Nov 2021
STAFF REPORT
City of Atlantic Beach
Commission Meeting
ORDINANCE NO. 20-21-162
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021,
AND PROVIDING AN EFFECTIVE DATE,
Melissa Burns, Director of Finance
November 9, 2021
November 22, 2021
Local Governments have up to 60 days after the end of a fiscal year to
amend the recently ended fiscal year's budget. The budgets of three funds
needed to be amended/adjusted.
General Fund
Section 2-313 of the City Code allows for transfers of appropriations
between general classifications of expenditures within an office, department
or agency. It does not allow for transfers between on office, department or
agency to another, it has to be transferred by ordinance. This is the case
within the General Fund, there is no change in the overall budget, but there
are two departments that need additional funds; Finance and Landscape
Improvements. For both departments, the adjustments needed are related
to employees retiring or resigning. At the time an employee leaves, they are
paid out a portion of the balance of their accrued paid time off which is not
budgeted for, as at the time the budget is developed it is unknown when an
employee will retire or resign.
Sanitation Fund
This is an addition to the ordinance. On November 9'1' a notice was received
from our previous waste hauler that an invoice remained outstanding. This
invoice was never received by accounts payable nor the department that first
verifies that the invoice is correct. The previous waste hauler had increased
Page 95 of 104
BUDGET:
Agenda Item #9.A.
22 Nov 2021
their rates after the contract period ended, and unfortunately not enough
funds Were budgeted, The amount that needs to be amended reflects the
di Ilerenee between the invoice and what was remaining from the budgeted
amount.
GcneraL Envlovecs' Pension Fund
This amendment appropriates additional funds for invesIment expenses and
service retired pay line items.
General Fund - SO
Sanitation Fund - $33,916
General Employees' Pension Fund - $.172,180
RECOMMENDATION: Commission discuss and pass Ordinance 20-21 - [62 on second and
final reading
ATTACHMENT: Ordinance 20-21-162
REVIEWED HY CITY MANAGER:
Page 96 of 104
Agenda Item #9.A.
22 Nov 2021
ORDINANCE NO. 20-21-162
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Comtnission
approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting such
budgetary systems require adjustments from time -to -time, and
WHEREAS, the City is amending the operating budget to add net funds totaling $0 in the General
Fund; and $172,180 in the General Employees' Pension Fund for various expenditures.
WHEREAS, the City of Atlantic Beach did not include the funding for these expenditures in the
original adoption of the Fiscal Year 2021 Annual Operating Budget and therefore must amend the budget
to have sufficient amounts within the General, and General Employees' and Police Officers' Pension Funds
in order to fund the expenditures.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA that:
SECTION 1. The Fiscal Year 2020/2021 Operating Budget is hereby amended as follows:
GENERAL FUND
Expenditures:
Finance:
Salaries $ 3,295
Overtime 1,982
Special Pay 2,025
F.I.C.A. 896
Health 11,988
Other Contractual Services 903
Printing & Publishing 3,830
Legal Services
Professional Services 442
General Government/Building Maintenance:
Other Contractual Services (25,361)
Public Works Administration
Salaries (30,000)
Health Insurance (15,146)
Landscape Improvements:
Salaries 26,205
Overtime 2,872
Special Pay 2,115
F.I.C.A. 2,223
Ordinance No. 20-21-162 Page 1 of 2
Page 97 of 104
401 Genl. Def Contr. Match 1,011
Health Insurance 8,323
Life Insurance 90
Workers' Compensation 2,307
Total Expenditures: $ 0
SANITATION FUND
Expenditures:
Other Contractual Services/Pick Up & Haul Contract $ 33,916
Fund Balance: $ 33.916
GENERAL EMPLOYEES' PENSION FUND
Expenditures:
Investment Expense
Service Retired Pay
Fund Balance:
SECTION 2. This ordinance shall take effect immediately upon adoption.
$ 28,908
143,272
$(172.180)
PASSED by the City Commission on first reading this 811 day of November 2021.
PASSED by the City Commission on second and final reading this 22" day of November 2021.
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Agenda Item #9.A.
22 Nov 2021
Brenna M. Durden, City Attorney
Ordinance No. 20-21-162 Page 2 of 2
Page 98 of 104
AGENDA ITEM:
SUBMITTED BY:
TODAY'S DATE:
MEETING DATE:
CITY OF ATLANTIC BEACI1
CITY COMMISSION MEETING
STAFF REPORT
Ordinance No. 95-21-120
Amanda Askew, Director of Planning and Community Development
November 2, 2021
November 22, 2021
Agenda Item #9.B.
22 Nov 2021
BACKGROUND: Polystyrene tistm,. commonly known as "Styrofoam", is not easily
recyclable and is a common source of plastic pollution on the City's parks and beaches. 1'. easily breaks
down into smaller pieces, creating micro -plastic pollittion which impacts wildlife and human health, In
an effect to reduce the use of polystyrene in city parks and beaches the city is suggesting an ordinance
ilial would prohibit vendors from using, selling or distributing polystyrene products.
Polystyrene foam food ware items include but are not limited to plates, cups, bowls, take-out containers,
and coolers. Sec El few examples of polystyrene products below:
One of the 2021 Commission Lnvironmental Leadership priorities is "Us -MI -dishing plastic -reduction,
reuse and recycling standards for individuals and groups utilizing City facilities." This proposed
ordinance. is an incremental step in reducing the use of plastic at city facilities.
In 2008, the Florida legislature preempted the ability for municipalities tel generally bun plastic bags,
single -use plasties and polyst yrei ie., however, this preemption does not prohibit the ability to regulate
polystyrene products on city owned properties and the beach. Other cities that ban polystyrene 00
publicly owned lands include, the cities of Orlando, Boca Raton, Fort Lauderdale, Hollywood, Dania
Beach, Deerfield Beach and Boynton Beach. In the 2021 legislative session, a preemption repeal bill was
not able to be placed on a committee agenda in any of the committees, Therefore. it wasn't even heard
or considered„
Page 99 of 104
Agenda Item #9.B.
22 Nov 2021
The Environmental Stewardship Commission (I() has discussed this topic several tines throughout the
years and supports any prohibition of polystyrene products and is working, on suggestions that will include
stricter regulations.
The proposed ordinance will prohibit the use, sale or distribution or polystyrene foam products on city
properties (i.e. parks, buildings. etc.) and the beaches. It does not prohibit the use o!' these products by
individuals in these areas (For example, an individual bringing a Styrofoam container to the park )„ It will
Aleut concession sales at parks, food trucks on public properties, and special events by private
organizations using public. spaces (i.e. catered events at Adele Gov: (enter). The effective dale of
January 1, 2022 is intended to allow time fOr education., outreach, and depletion of supplic:s.
BUDGET: None
RECOMMENDATION: Review and vole on Ordinance No. 95-21-120 for first read
ATTACHMENT(S): Ordinance No„
REVIEWED BY CITY MANAGER: L tv,<AA_
Page 100 of 104
Agenda Item #9.B.
22 Nov 2021
ORDINANCE NO. 95-21-120
AN ORDINANCE OF THE CITY OF ATLANTIC BEACII, FLORIDA
AMENDING CHAPTER 5 OF THE ATLANTIC BEACH CODE OF
ORDINANCES, BEACHES AND PARKS, TO ADD NEW SECTION 5-5,
PROHIBITION OF THE USE, SALE OR DISTRIBUTION OF
POLYSTYRENE FOAM PRODUCTS ON CITY PROPERTIES AND
THE BEACH, TO PROVIDE DEFINITIONS AND RENUMBER THE
SUBSEQUENT CODE SECTIONS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Whereas, the City Commission encourages the advancement of environmental
sustainability of the City of Atlantic Beach (COAB) by reducing the use of polystyrene foam
products (trademarked Styrofoam) on city properties and encourages biodegradable, compostable,
recyclable and reusable alternatives; and
Whereas, the City of Atlantic Beach desires to lead by example in the ban, the sale, use
and distribution of polystyrene foam products on city properties and encourages others to do so as
well; and
Whereas, the City Commission finds that the impacts of polystyrene foam products
(trademarked Styrofoam) are threatening the health of citizens, wildlife and the environment; and
Whereas, the City Commission finds that the use of polystyrene foam products have a
significant impact on the health of humans and marine life; as they contain likely cancer causing
chemicals and adversely impact the natural environment as litter and polystyrene foam never fully
degrades and bioaccumulates in marine life resulting in potential harm both to the marine life and
consumers; and
Whereas, the City Commission finds that over 30 million pounds of polystyrene foam
products made in the US annually end up as litter in our environment and will continue to
accumulate.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF TIIE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Added and Renumber Subseouent Sections. New Section 5-5, is
hereby added to the Code of Ordinances of the City of Atlantic Beach, Florida, and existing
Section 5-5, 5-6, 5-7 and 5-8 are renumbered to read as follows:
Sec. 5-5. Prohibition on the use. sale or distribution of polvstvrene foam products on city
properties and the beach.
(a) The use of polystyrene foam products is prohibited on city oropertv.
(b) Vendors:.
Page 101. of 104
Agenda Item #9.B.
22 Nov 2021
) Vendors are prohibited from _irsing;selling, or distributing foodidrink Tackaged in
polystiene,fitam products on city property,
(2) Eyery vendor entering into a contract, lease, rental agreement, or other agreement
third party for the provision otjgoods or serviees, 01 Ibr an event, cjlyproperty, shall
include in such agreement relerence to the. prohibitions in this section,
1,3) A vio1a[ci of my prohibition or reouirement of this section shall be .grounds _for
revocation by the..eity of a contract ease rental .i.greernent. or other agreement with a
vendor,
(c) The prohibitions in thictjonshtill be suspended during..a city -declared state of emergcricy,
((l) -Polystyrene foam" shall ITICOJ1 NOWIl noly!,,avrcite and expanded and extruded foams ihalitre
therinoplaslic_.pclypenemical materials tailizitrg a styrene monomer and pi:Nosed by any
number of iceliniques, ineluding„„ but not limited to, tstision polymer_sphereslexpanclable
bead_polysivn.Te,), inketing molding, l'onm molding, and extrasion-hlownmoldinp, (extruded
Iljain „polystyrene. Polystyrene foam is commonly used to make disposable CAMS, bOydS,
plates.fraysodantsbell containers. meat trays,and egg cartons and is C01,111110111ythougb often
incorrectly referred to Iy the trademark name "Styrofoam,
(e) "Polystyrene foam proclucts" shall mean products made from polystyrene tirain that are
designed for distributimt food or dririls:, suchase,ontaincrsbowls, plates, trays. cups., and lids
and which are intended to be disposable and polystyrene foam coolers/ice chests_that are not
kvholly,cncaosulated or encased withitja more durable material.
"Vc9,0pr'' shall mean a person or entitywho is contracted to sell or distribute food and/or drink
on env property or is hired to cater events on city nroncrtv.
S. 5-5-6. - Surfboards.
11 shall he unlawful for any person to surf or lo use, or ride a surfboard in the surf adjacent to the
beach within 1he corporate limits of the city at any time. and 01 any focal ion unless the surlboard
has securely fastened to it a tether not exceeding eight (N) feet in length, the free cud of which
mast be securely bound to either the ankle or wrist of die surfer,
Sec. 5-67. - Parking of sailboats not to obstruct lifeguard activities,
11 shall he unlawful for any person to park a sailboat or catamaran on the beach in any manner
which will obstruci the view of lifeguards performing litCguard activities.
See. 5-78. - Operation of motorized apparatus within two hundred feet of beach.
It shall be unlawful for any person to Operate any motorized boat or other motorized apparatus
within two hundred (200) feet of the beach. Personal yvatercrall, sailboats, and similar watercraft,
whieh requirc franspori by use of a motor vehicle, will only he launched at the Atlantic Boulevard
rafflp.
Sec. 5-9N. - Parking of sailboats, catamarans, and vessels.
tit) 11 shall he unlawful for any person to park or leave unattended a sai l loat, catamaran, or other
vessel on the bench for more than scvenly-two (72) hours without first notifying and receiving
peri»ission lion, the elite rof police or his designee. A sailboat, catamaran, or vessel shall only
Page 102 of 104
Agenda Item #9.B.
22 Nov 2021
be allowed to park over seventy-two (72) hours between May 1 to September 30 of each year.
Al no time will any sailboat, catamaran, or other vessel be allowed Lo park west orate duoe
linc, on u beach access, or public right-of-way.
(b) Before the chief of police or his designee give permission for the owner of a sailboat,
catamaran, or other vessel to he parked over seventy-two (72) hours onthe beach, the owner
must provide proof of ownership, description, serial number, hull number or other
identification number, and the location desired for narking same. Permission to park, and the
location requested, is at the solo discretion of the chief of police. The chief of police inay
develop additional rules to govern such parking to protect the public's safety.
(c) Any person who parks a sailboat or catamaran or other vessel in violation or this section is
subject to having such sailboat, catamaran, or other vessel towed at the owner's expense.
((3rd. No, 95-03-83, §1, 1-27-03)
Secs. 5-109----5-I5. Reserved.
8141110N 2. Conflict, All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City cir any of lis officials and in coal i et with this Ord immee
are repealed to the extent Mei:insistent herewith.
SECTION 3. Severabi Inv. 1 C a Cour( o r compete", ( jurisdiction at any time tions any provision
of th is Ordinance to be unlawful, illegal, or unonlOrccable. the offending provision shall he deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in
run Ibrce ancl intact,
SECTION 4. Effective Date. ' ,s ordinunee shall take effect on January 1. 2022 providing
for linal reading and approval.
PA SSI.,11) by the City Commission on first reading this „day of November, 2021.
PASSL,D by Ihe City Commission on second and final reading this day of
2021.
CITY OF' ATLANTIC 13RACH
Ellen (ilasser.
Attest:
Page 103 of 104
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
Agenda Item #9.B.
22 Nov 2021
Page 104 of 104