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12-13-21 Draft City Commission Agenda City of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, December 13, 2021 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES 2. COURTESY OF FLOOR TO VISITORS 2.A. Dr. Quinton White, Executive Director, Jacksonville University Marine Science Research Institute, Jacksonville University, and St. Johns Riverkeeper Lisa Rinaman will address the Commission regarding Coal Ash. PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (January 2022 through March 2022) 90-Day Calendar - Jan. 2022 - March 2022 5 - 8 3.B. Jordan Park Project 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA 7. COMMITTEE REPORTS 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 21-57 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE 2021 AMENDMENT TO THE 2019-2022 NORTHEAST FLORIDA PUBLIC EMPLOYEES’ LOCAL 630 LIUNA, AFL-CIO “BLUE COLLAR” CONTRACT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT. Resolution No. 21-57 9 - 12 Page 1 of 69 Regular City Commission - 13 Dec 2021 8.B. RESOLUTION NO. 21-79 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PURCHASE A NEW GENIE S45 TELESCOPIC BOOM LIFT. Resolution No. 21-79 13 - 19 8.C. RESOLUTION NO. 21-80 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID #2122-01 FOR THE OUTFALL PIPELINE CREEK CROSSING IMPROVEMENTS. Resolution No. 21-80 21 - 29 8.D. RESOLUTION NO. 21-82 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXPRESSING SUPPORT FOR ACTIONS TO STOP THE SHIPPING OF COAL ASH ON THE ST. JOHNS RIVER AND INTO JACKSONVILLE PORTS; ENCOURAGING ALL JACKSONVILLE PORT FACILITIES TO CEASE RECEIVING AND/OR REFUSE THE ACCEPTANCE OF COAL ASH; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 21-82 31 - 33 8.E. RESOLUTION NO. 21-83 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING AN AMENDED, EXTENDED AND RESTATED INTERLOCAL AGREEMENT REGARDING LOCAL OPTION GAS TAXES AMONG THE CITY OF JACKSONVILLE, THE CITY OF ATLANTIC BEACH, THE CITY OF JACKSONVILLE BEACH, THE CITY OF NEPTUNE BEACH, AND THE TOWN OF BALDWIN; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 21-83 35 - 61 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 95-21-120, Public Hearing and Final 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 63 - 68 10. MISCELLANEOUS BUSINESS 10.A. Juneteenth National Independence Day Staff Report 69 Page 2 of 69 Regular City Commission - 13 Dec 2021 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 3 of 69 Page 4 of 69 CITY OF ATLANTIC BEACH CITY COMNIISSION IVIEETING STAFF REPORT AGENDA ITEIVI:90-Day Calendar for the l\/Iayor and Commission SUBIVIITTED BY:Yvonne Calverley,Executive Assistant to the City l\/ Ianager / fa ’ ’ T()DAY’S DATE:November 29.2021 I MEETING DATE:December 13,2021 BACKGROUND:The 90-day calendar is included on the agenda for the pu rp os e ofsetting meeting dates and deterniining the location,time and wh eth er to videotape special meetings and workshops. The rolling 90-day calendar will be revised after receiving inpu t from City staff and the Commission,and will be included in e a c h agendafor consideration. l_\Lo_le_s: -A Town Hall I\/Ieeting is scheduled for Saturday,January 22from10am to Noon in the Commission Chan-Abe)‘. BUDGET:None RECOl\’[l\/IENDATION:Approve the 90»Day Calendar for January through I\/larch 202 2. ATTACHNIENT:l)l\/layor and Commission 90-Day Calendar (January th ro ug h I\/larch 2022) . REVIEWED BY CITY MANAGER:\—Agenda Item #3.A.13 Dec 2021Page 5 of 69 MAYOR AND COMNHSSION \IU\1')\\ January 2022 §\ll‘I{l)\\' Happy New Year 2 3 4 5 6 Code 7 8 Enforcement Special Magistrate Hearing 2 pm 9 10 11 12 13 14 15 Commission Mtg ESC Tree Shakespeare in Songwritefs 5:30 pm ;Lilm the Park Come"(Invoc~Kelly)ESC Meeting 6 pm 6:30 —9:30 pm 6 Pm Mayor’s Advisory (lohansen Park) Council Time TBD 16 17 18 19 20 21 22 Town H311 MLK Day Community ESC Outreach Meeting Development SubcommitteeCityOf?ces ._10 am to Noon Closed Board Mtg 6 pm Meeting 6.30 pln (Chamber) 23 24 25 26 27 23 29 Commission Mtg ESC LE1’:-‘D 6:30 pm Subcommittee (Invoc-Norris)Meeting I]am 31 Agenda Item #3.A.13 Dec 2021Page 6 of 69 MAYOR AND COMIVIISSION February 2022 1 2 3 4 5 Blood Drive (City Hall) Noon to 5 pm 5 Donna 7 8 9 ESC Tree 10 11 12 Mamthon Subcom 5:15 pm ESC Meeting 6 pm Songwriters Due Date for 1/24 Concert 6 pm Agenda 13 14 15 16 17 18 19 Commission Community ESC Outreach Meeting Development Subcommittee 6:30 pm Board Mtg 6 pm Meeting 6:30 pm (Invoc-Mayor) 20 21 22 23 24-25 26 President’s Day ESC LEED Subcommittee City Of?ces Meeting 11 am Closed 27 28 Commission Meeting 6:30 pm (Invoc-Bole)Agenda Item #3.A.13 Dec 2021Page 7 of 69 MAYOR AND COMMISSION March 2022 Special Due Date for Magistrate 3/14 Agenda Hearing 2 pm 6 7 8 9 10 11 12 ESC Tree Subcommittee 5:15 pm ESC Meeting 6 pm 13 14 15 16 17 18 '19 Commission Mtg Community ESC Outré?ch 6:3 0 pm Development S“b6°Eg"““'°° (Invoc-Waters)Board Mtg 6 pm D 'Pm aueDatefor.2/14 Agenda 20 21 22 23 2-!»25 26 ESC LEED Subcommittee Meeting 11 am 27 28 29 30 31 Commission Mtg 6:30 pm (Invoe-Kelly)Due Date for 4/1 1 Agenda Agenda Item #3.A.13 Dec 2021Page 8 of 69 AGE DA ITEJVI: SUBNIITTED BY: TODAY’S DATE: NIEETING DATE: BACKGROUND: Des AGREEMENT lntlo: Wzlgcs prnvis CITY OF ATLANTIC BEACH CITY COl\/Il\’IISSION NIEETING STAFF REPORT Resolution No.2]-57 approving the 2021 amendinent to the 20]9~ 20 22 Northeast Flarida Public Employees’Local 630 LIUNA contract. Catherine varian,Esq.,Human Resources Director av C,\/ Novernber I8,2021 Decexnbcr 13,2021 The contract that the City of Atlaiilic Beach entered into with LIUN A Blue Collar Union expires Septeniber 30.2022.'l‘he City and (Jnion hadaseriesof successful public negotiation rneetings and canine to an agree nient , pending Cornrnission approval,on just two changes to the contract that b e n ef it boththe City and the Union members.The Union rati?ed the vote on No vei nb er 5,202]. The provisions in the contract that have been changed are: criplion n aniended lo renect 4%ilitrrcusc ror cInpIt)y<>cs_rclroncliv c toOctoberI. 202 I.pending commission npprovnl. The parties agree to hold their ?rst negotiation rneeting for the 2022-2025 agreernent byl\/lay31. 2022 and to ?nalize wage negotiations by July 1.each year,when the salary provisions o f th e Citybudget is due to be ?nalized. BUDGET: RECON!l\/IENDATI ON: ATTACH IVIEIVTS: The additional 1%is not included in 202 1-2022 City Budget That the City B/[anager be authorized to sign the attached ai n e n d tothe 2019-2022 agreewient with the Union. 1 )Resolution No.21-57 2)2021 /\n1en<:ln1ent for 2019e2022 LlU'NA Agreemeiit . REVIEWED BY CITY IVIANAGER: ;x Agenda Item #8.A.13 Dec 2021Page 9 of 69 RESOLUTION NO.21-57 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,APPROVING THE 2021 AMENDMENT TO THE 2019-2022 NORTHEAST FLORIDA PUBLIC EMPLOYEES’LOCAL 630 LIUNA,AF L-CIO “BLUE COLLAR”CONTRACT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT. WHEREAS,the City of Atlantic Beach currently has a contract in place with the Northeast Florida Public Employees’Local 630 LIUNA,AFL-CIO “Blue Collar”Union expiring in 2022;and WHEREAS,every year a new amendment to the contract is negotiated;and WHEREAS,Northeast Florida Public Employees’Local 630 LIUNA,AFL-CIO “Blue Collar”Union and the City had a successful negotiation process this year; WHEREAS,the following provisions were updated in the new contract: 0 The Wages article to re?ect the employee wage increase of 3%contained in this year’s 2021-2022 budget plus 1%;and 0 AGREEMENT Intro: The parties agree to hold their ?rst negotiation meeting for the 2022-2025 agreement by May 31, 2022 and to ?nalize wage negotiations by July 1,each year,when the salary provisions of the City budget is due to be ?nalized. 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 2021 Amendment to the 2019-2022 Northeast Florida Public Employees’Local 630 LIUNA,AFL-CIO “Blue Collar”Union contract; SECTION 2.The City Commission hereby authorizes the City Manager to execute the amendment; SECTION 3.This Resolution shall take effect immediately upon its passage and adoption,with the pay increases retroactive to October 1,2021. PASSED AND ADOPTED by the City of Atlantic Beach,this 13"‘day of December,2021. Ellen Glasser,Mayor Attest: Donna L.Bartle,City Clerk Brenna M.Durden,City Attorney Agenda Item #8.A.13 Dec 2021Page 10 of 69 This Amendment to the 2019-2022 Agreement between the Noitheast Florida Public Employees’Local 630 LIUNA,AFL-CIO “Blue Collar”Union and the City of Atlantic Beach, 24.1 Florida,affects one Aiticle,as follows,and will be effective October 1,2021. ARTICLE 24 -WAGES (a)Union employees with six (6)months service as of October 1,2021,are in a position that is considered “year round,”working on a scheduled “year round”basis,shall receive an increase of 4%,effective October 1,2021.Those that do not have six months of service as of October 1,2021,will receive a 4%increase upon satisfactoiy completion of their probationaiy period. (b)Notes Maximum Pay.In no case shall an employee receive a pay increase that would result in the employee’s pay exceeding the maximum pay for the grade of the position to which the employee is assigned.Employees who have reached the maximum of their paygrade will receive an annual bonus equal to the difference in the amount of their salary and what they would have received if they weren’t maxed out.This will be paid at the time raises become effective. AGREEMENT Intro: The parties agree to hold their ?rst negotiation meeting for the 2022-2025 agreement by May 31,2022 and to ?nalize wage negotiations by July 1,each year,when the salary provisions of the City budget is due to be ?nalized. SIGNATURE PAGE IN WITNESS THEREOF,the parties have caused this to the Amendment to the 2019-2022 Agreement between the Northeast Florida Public Employees’Local 630 LIUNA,AFL-CIO “Blue Collar”Union and the City of Atlantic Beach to be signed in their respective names by their respective representatives and have executed this Agreement. FOR THE CITY:FOR THE UNION: City Manager Manager,Catherine Varian,Esq.,Negotiator andDirectorofHumanResources Agenda Item #8.A.13 Dec 2021Page 11 of 69 Rati?ed by Union members on:November 5,2021 Approved by the City Commission on:December 13,2021 Agenda Item #8.A.13 Dec 2021Page 12 of 69 AGENDA ITENI : TODAY’S DATE: IVIEETING DATE: SUBIVIITTED BY: SU]\/I]\/IARY: RECONINIENDATION : BUDGET: ATTACHNIENTS: CITY IVIANAGER: CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT Resolution No.21-79 authorizing the Public Vt/orks D e p a rt r n e n t to purchase 8 New Genie S45 Telescopic Boom Li? November 1 8,2021 December 1 3,202 1 Scott Williams.Public Works Director The Public Works Depamnem is intending to purchase anewGenie s45 Telescopic Boom Lift under the Florida.Sheriffs A ss o ci at io n Contract #1311)FSA2()—EQU18.0 in the amount of $89, 655. 00.This lift will bene?t the City in that it will enable staffto sa fe ly reach heights of up to 50 ft.for uses such as tree trimming,m ai nt ai ni n g ball field lights,hurricane shutters,building maintenanc e (gutter cleaning,painting,roof repairs),holiday decorati ons, ?ag exchanges,wastewater and water plant lights an d misc. maintenance,and many rnore uses throughout the Cit y. This purchase will eliminate the need for rental li?s and somecontr actorcallouts,and the equiprnent will be on hand immediately forany ernergencies when the need arises. Approve Resolution No.21-79 authorizing the Public Dept. to purchase a New Genie S45 Telescopic Boon)Li ? unde r the Florida Sherriffs Association Contract referenced a b o v e , inthe amount of $89,655.00. There is $90,000 budgeted in FY2l—22 For this lift i theStreets Account #0O1eSOO2A54‘l—6400. I .Resolution No.2 1 -79 2.Pricin Speci?cations from Ring Power Corporatio n Agenda Item #8.B.13 Dec 2021Page 13 of 69 RESOLUTION NO.21-79 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PURCHASE A NEW GENIE S45 TELESCOPIC BOOM LIFT. WHEREAS,the Public Works Dept.is intending to purchase a new Genie S45 Telescopic Boom Lift under the Florida Sheriffs Association Contract #BID FSA20—EQUl8.0 in the amount of $89,655.00;and WHEREAS,lift will bene?t the City in that it will enable staff to safely reach heights of up to 50 ft.for uses such as tree trimming,maintaining ball ?eld lights,hurricane shutters,building maintenance (gutter cleaning,painting,roof repairs),holiday decorations,?ag exchanges, wastewater and water plant lights and misc.maintenance,and many more uses throughout the City as needed;and WHEREAS,the purchase will eliminate the need for rental lifts and some contractor callouts,and the lift will be on hand immediately for any emergencies when the need arises;and WHEREAS,there is $90,000 budgeted in FY2l—22 for this lift in the Streets Account #001-5002-541-6400. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes the Public Works Dept.to enter a requisition for a New Genie S45 Telescopic Boom Lift;and SECTION 2.The City Commission hereby authorizes the City Manager to approve a purchase order to Ring Power Corporation in the amount of $89,655.00 for this lift. PASSED AND ADOPTED by the City of Atlantic Beach,this 13"‘day of December, 2021. Ellen Glasser,Mayor Attest: Approved as to form and correctness:Brenna M.Durden,City Attorney Agenda Item #8.B.13 Dec 2021Page 14 of 69 Ring Power Corporation 590 World Comme rce Parkway 5:.Augustine,FL 32052 QUOTE PER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACF Quote Prepared For:6/14/2021 City of Atlantic Beach (1)NEW GENIE $45 TELESCOPIC Boom l.lFl' coNTRAc_r_D_I_~:I:AILs ____7 ___ Florida Sheriff's Association Bid at FsA2o—Ec1u:Is.o Item #142:Group:LIFT:scissor Lift ~Self Propelled > Contract Dates:October},_2_cI2o through sgpternber go,2023 __ BASE NIACHINE BASE Genie GS-1932,Per $her|ff's Contract Speci?cations $14,175 s-45 HF awn W upgrade to_$—45 HF 4wD,_Ege |VIa<:h|ne_0nIl _W575 480 TOTAL OF BASE MACHIN _/, _389.655 NON-SPECIFIED OPTIONS 2 SPEED wHEEL MoToRs INCL ACl'[VE OSCILLATING AXLES INCL LIFT coNTRoL TELENIATICS INCL POSITIVE TRACTION DRIVE INCL HIGH FLOATATION AIR-FILLED TIRES INCL as HP DELI11 TIER 4|:2.9 L4 DIEsEL ENGINE INCL ANTFRESTART ENGINE PROTECFION INCL AUTO ENGINE FAULT SHUTDOVVN INCL 12v DC AuxILIARv POWER UNIT INCL DESCENT &TILT ALARM INCL HOUR IVIETER INCL ALARM PKG,FLASHING BEACON 8.TRAVEL INCL 350 DEGREE CONTINUOUS ROTATION INCL as GALLON FUEL TANK INCL 3'I=RoNT TRI ENTRY PLATFORM w/swING GATE INCL Ac POWER coma To PLATFORM INCL Agenda Item #8.B.13 Dec 2021Page 15 of 69 Game. A TEREX as-nun Specifications Mezusm Drnenls Wqrklnn Imam mnxImum- Fla?urm mum maximum I4orIzonuI much maxnn-um Below anmnurend! 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A ranex ammo Features Me am s»-so HF -45 R s in (18.87 m)vvoi-klrlg height -28f!11 in (5.51 m)horizontal reach 600 lb (272 kg)iln capacity s-45 HF -50 ft 5 in (1539 m)working height -34 fl (10.35 mi horizontal reach -soo lb (272 kg)lift capacity |’il ..ll lr:\l\/lly Hlgh notation elr tilled Ilres 4Vl/D Active osclllatlon.4WD Sslfdevellrlg oialtvorm 160'hyorauiic piattcrrn rotation Proportional ioyetlck controls Fuel aalect switch on olatlorm and ground control panels (Gas/LPG models)‘ Dnue enable AC power cord to platform Horn Hour meter ‘nit alarm Deaoent alarm 360°oontlnuoua turntable rotation Locking turntable covers Poslllve traction drive Two speed wheel motors Entry Toeboam Lin Guard"Contact Alarm Lin Tools work Trey Hydraullc oil cooler Alarm package (flashing beacon and travel alarm) Power ~12 V DC auxl ry powr -Anllarasisrl engine protection -Auto engine fault ehiutdown -intake air heater (Deulz engine) tsp-lie Lirlltm-l Slulrzs. 8464 136th Ava.NE Redrnorvd.WA oaosz Telephone +1 uzs)sat-teoc Toll Free in usA/certaaa +1 [80D1—5:!6—1&Oci Fax +1 (¢25iee:ra-:15 IIIIIIIUIIIIIII rrltttt suck.a...«a...~.....zuu.»..a......a...........a .-e..l...re-...................a.».......n.-..e..a...M-uul . ...la...(..i.-...l...............l¢IC—ID1lPv'h¢I-(II!...-........a..=t.l......................... r.....l-.lu......w—........-.......l............y.......«.....»..t................,................... -.o:.....mm.mun: Pirllirriiri untio -steel 5 ft (2.44 m)tn entry with aloe swing gate (standaridl -steel 6 ft (1.83 m)oual entry with slds swing gate Jill ()(rlIui -Non-Jlb (S440 HF only).5 It (1 .52 rn)Jlb boorrt ls—45 Hr-=only) l,~nr.in.~(rpli..n.: -49 hp (36.54 kw)Deutz diesel T4!‘ (standard) -45 hp (35.79 kvv)Perkins cliaael T41‘ -60hp (44.74k\N)Ford Gas/LPG Dual Fuel oi Dlalrlhttlnd I;t,« lAHt¢l’hO6hilv?O|V)1IlIIllrlJ ....u..........1.......l.....r.....a..-.........m..r........ -.mr..e...a«.u.o........«............¢.........r........\........M...eu....._..l., ».....~........e-..-.a..................t_. ~n...te..._..»..........l......n..en-..rl...c.......a... 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InIhl»........o....,.». .........m,.........-......e....c.I h u u ...u..wan...aw ...y..._............t....,.......m...taa......r.... x v v vl al lé ll al li Agenda Item #8.B.13 Dec 2021Page 17 of 69 Rlng Power Curpcrnlion sou V\lorId Commerce Parkway st.Augusune,FL 32092 Prepared For:8/11/2020 Flcrlda Sherlrrs Assocvauon Item H142:(1)NEw GENIE GS4332 SCISSOR LII-r DP1'IoNs CONTRACT DETAH5 ’I?IorIcIa Sheriff‘:7«ssacIauon Bid It FSAZO-EQUIEO Item #142:Group:LIIW’:Scissor Llfl »Self Propelled Contract Dates:October 1,2020 through September 30.2023 oE1IoNS ‘ru EASE MACHINE AGIVI MAINTENANCE FREE EA1-rERIES $636 AUTOMOTIVE S-rvI.E HORN 5151 Am LINE -ro PLATFORM S5411 LII-r GUARD CoNrACr ALARM ,$694, UPGRADE/DOVIINGIIADE or-ncms GS—2u32 UGRADE TO Gs-2032,EASE MACHINE oNI.v $3.133 GS-2532 UPGRADE To G§~2632,BASE MACHINE ONLY $4,171 GS»:-3232 UPGRADE TO CS-3232,BASE MACHINE ONLY $14,559 55-2045 UPGRADE TO Gs-zoos,BASE MACHINE oNI_v $4.436 GS«264?UPGRADE TO Gs-1505,BASE MACHINE ONLY $5,967 as-3245 UPGRADE To 55.3245,EASE MACHINE ONLY 59.704 swa xc -IwD UPGRADE -rc S-4o xc IIWD,EASE MACHINE oNI.v $66,725 S-4o HF awn UPGRADE TO 5-4::H!’4WD,EASE MACHINE ONLY $53,999 S»4S xc 4wD UPGRADE D S 45 xc 4wD,BASE MACHINE oNI.v $72 150 §:9,5‘H -.\ S—E0 HF 4wD UPGRADE TO ,EASE MACH E ONLY 96.357 S-65 xc 4WD UPGRADE TO S—E§xC AwD.EASE MACHINE oNI.v s:Iu1.a7E S-S5 HF awn UPGRADE T0 S-65 HF awn,EASE MACHINE ONLY $103,775 S-Eo HF 4wD UPGRADE To S—ao HF awn,EASE MACHINE DNLV s1aS,7Sn S-BS xc 4wD UPGRADE TO S-Es xc Awn,EASE MACHINE oNI.v s:I-ao,ssrI S—E5 HF awn UPGRADE TO S—E.S HF AWD,EASE MACHINE ONLY $142,343 GTH~5519 UPGRADE TO GTH-S519,EASE MACHINE oNI.v s4E,913 GTH—E35 UPGRADE To G'I’H~E36,EASE MACHINE DNLV $71,432 GTO-L556 UPGRADE To G1'H—E44,EASE MACHINE ONLY sEE,Eas ETH-1056 UPGRADE -ro 51-I-I-1055.EASE MACHINE ONLY $126,814 1144 UPGRADE To T1434,EASE MACHINE ONLV 515.007 72-50 D:UPGRADE To 1z»5o Dc.EASE MACHINE ONI.Y 533,131 12.50 HYBRID UPGRADE To 'l’Z—S0 I-IVERID.EASE MACHINE oNLv $35,414 z-an/2zN UPGRADE To 2-34/22N.EASE MACHINE ONLY $35.43;) z—aS xc UPGRADE T0 z-45 xc,EASE MACHINE ONLY $61.79-a Z<52I-10 UPGRADE TD LS2/40,EASE MACHINE DNI_v $97,537 z-Eu/so UPGRADE TO Z-80/50,EASE MACHINE ONLY S1z5.a77 Agenda Item #8.B.13 Dec 2021Page 18 of 69 DISCOUNTSON ALLOEM NON-SPECIFIEDOPTIONS: 34%DISCOUNTON ALLGS-1932,GS—2032,GS-Z632,658232,GS-2046,G5-2546&(35-3246 37%DISCOUNTON ALLS-40,S-115,5-60,5-65,5-80 &5-85 33%DISCOUNTON ALLGTH~5519,GTH-636,GTH-844&GTH10S6 11%DISCOUNTON ALLTZ-34,TZ-50 36%DISCOUNTON ALLZ-34,2-45,2-62 8:2-80 Ring Power Corporation Agenda Item #8.B.13 Dec 2021Page 19 of 69 Page 20 of 69 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution 21-80 Bid 2122-01 Outfall Pipeline Creek Crossing Improvements SUBMITTED BY:Troy Stephens,Public Utilities Director TODAY’S DATE:December 1,2021 MEETING DATE:December 13,2021 BACKGROUND:A Bid Opening was held on November 17,2021 for Bid 2122-01: Outfall Pipeline Creek Crossing Improvements.The project consists of furnishing all labor, equipment and materials necessary for the repair of the outfall pipeline support structures at three creek crossings.This outfall line,also known as the Combined Beaches Outfall Line,carries treated ef?uent from the wastewater treatment facilities from all three beaches cities to the St. Johns River for disposal. The outfall line has three aerial crossings over the creeks along Mayport.The support structures at these creek crossings were originally installed in 1985.Although minor repair work has been completed over the years to maintain their integrity,most of the original structural components are beyond their useful service life and will be replaced as part of this project. Two bids for the outfall line repairs were received as follows: Hager Construction J.D.Hinson Company Company Base Bid Items $388,430.00 $396,797.51 Since all three beaches cities utilize this outfall line,both the City of Jacksonville Beach and the City of Neptune Beach will reimburse the City of Atlantic Beach their pro-rata share of the project cost.Project cost contributions for combined outfall related projects have historically been based on each city’s permitted wastewater treatment plant capacity.Following,this precedent,the City of Atlantic Beach will be reimbursed $160,421.95 (41.3%of the project cost) BUDGET:Funds for this project are budgeted in the infrastructure account410-5508-535-6300.RECOMMENDATION:Award Bid 2122-01 to Hager Construction Company in theamountof$388,430.00,and authorize the City Manager to execute Agenda Item #8.C.13 Dec 2021Page 21 of 69 .Resolution No.21-80 Shared Costs between Duval Beaches Bid 2122-01 Bid Tabulation Combined Beaches Outfall Creek Crossing Repair .Photos (3) - REVIEWED BY CITY MANAGER:¢Q»/éx ATTACHMENTS : m£w~—Agenda Item #8.C.13 Dec 2021Page 22 of 69 RESOLUTION NO.21-80 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AWARDING BID #2122-01 FOR THE OUTFALL PIPELINE CREEK CROSSING INIPROVEMENTS WHEREAS,on November 17,2021,two bids were received and opened for City Bid #2122-01 for the Outfall Pipeline Creek Crossing Improvements;and WHEREAS,the low bid price of $388,430.00 was received from Hager Construction Company; and WHEREAS,Hager Construction Company submitted all required documents,including positive references,in their bid submittal;and WHEREAS,the project consists of furnishing all labor,equipmentand materials necessary for the repair of the deterioratedoutfall pipeline support structures at three creek crossing;and WHEREAS,funds are available for this project in account 410-5508-53 5-6300;and NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby awards Bid 2122-01 to Hager Construction Company in the amount of $388,430.00 to perform the work for said bid in accordancewith the bid speci?cations; SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract with Hager Construction Company; SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13'“Day of December,2021. Ellen Glasser,Mayor Attest: Donna L.Bartle,City Clerk Approved as to form and correctness:Agenda Item #8.C.13 Dec 2021Page 23 of 69 Outfall Pipeline Creek Crossing Improvements Bid 2122-01 Shared Costs Between Duval Beaches DitlidedCosts Betwwen Cities Contractor Bid Amount COJ B CONB COAB Hager Construction $388,430.00 41.30%13.70%45% Total Cost Per City $160,421.59 $53,214.91 $174,793.50 Agenda Item #8.C.13 Dec 2021Page 24 of 69 City of Atlantic Beach Outfall Pipeline Creek Crossing improvements November 17,2021 Bid 2122-01 Required Documents Hager Construction Company J.D.Hinson Company Submission in Tri nlicate -All Documents Document Re uirements Checklist Bid Form Bid Bond W-9 Form Dru Free Work a lace Public Entity Crimes Statement Public Records Provisions E-Verify Form New Vendor Information Form Business Tax Receipt Proof of Ex erience -3 years Financials -2 years Insurance References -3 (W/job description and beginning &end dates) Written Con?rmation of Adenda (No.1 - 10/29/21 Remove Mandatory Pre-Bid) Lump Sum 'I'otalforOutfall Pipeline $388,430.00CreekCrossingImprovements $396,797.51 Award of Bid based on Department Analysis or Commission Approval Agenda Item #8.C.13 Dec 2021Page 25 of 69 SHERMANCREEK CROSSING Combined Beaches Outfall Creek Crossing Repair Locations SR A1A @ MAYPQRT RD CREEK CROSSING Agenda Item #8.C.13 Dec 2021Page 26 of 69 Agenda Item #8.C.13 Dec 2021Page 27 of 69 Agenda Item #8.C.13 Dec 2021Page 28 of 69 Agenda Item #8.C.13 Dec 2021Page 29 of 69 Page 30 of 69 CITY OF ATLANTIC BEACI-I CITY COR/IlVlISSIC)N STAFF REPORT AGENDA ITEIVI:Resolution No.21-82 expressing support for actions to stop th e shi ppi ng of coal ash on the St.Johns River and into Jacksonvile ports,and encouraging all Jacks onvill e port facilities to cease receiving and/or refuse the acceptance of coal ash TODAY’S DATE:Dec.l,2021 MEETING DATE:Dec 13,2021 SUBMITTED BY:Kevin Hogencarnp,Deputy City Manager,for l\/Iayor Ellen Gl as se r “[26 ]2021 PRIORITY:Supports “Environrriental Leadership:An initiative validating COAB’ scommitmenttoecologicalintegrity,resiliency and sustainability.” SUl\’Il\/IARY:The recent barge accident off the coast of Jacksonville that r e s u lt e d inthe release of thousands of tons of imported coal ash into the ocean resuked in environm ental and human health risk imposed upon Jacksonville communities by this disposal The Jacksonville Waterways Con-lrnission is considering adopting a similar resolution. RECOMMENDATION:Cornrnission consider approving Resolution No.2 1-82 BUDGET:NA ATTACHJVIENT:Resolution No.21-82 . CITY MANAGER:t_/x Agenda Item #8.D.13 Dec 2021Page 31 of 69 RESOLUTION NO.21-82 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,FLORIDA,EXPRESSING SUPPORT FOR ACTIONS TO STOP THE SHIPPING OF COAL ASH ON THE ST.JOHNS RIVER AND INTO JACKSONVILE PORTS;ENCOURAGING ALL JACKSONVILLE PORT FACILITIES TO CEASE RECEIVING AND/OR REFUSE THE ACCEPTANCE OF COAL ASH;PROVDIING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the St.Johns River,Jacksonville beaches,and surrounding waterways are critical to the ecology,quality of life and economic vitality of Northeast Florida;and WHEREAS,the recent barge accident off the coast of Jacksonville that resulted in the release of thousands of tons of imported coal ash into the ocean resulted in environmental and human health risk imposed upon Jacksonville communities by this disposal practice;and WHEREAS,coal ash is a waste product from the burning of coal in power plants that contains toxic contaminants like mercury,cadmium,lead,selenium,and arsenic;and WHEREAS,United States Environmental Protection Agency (EPA)and state regulations include requirements for proper management and disposal of coal ash to ensure protection of groundwater,surface water,and public health;and WHEREAS,the United States Environmental Protection Agency indicates that,“[w]ithout proper management,these contaminantscan pollute waterways,ground water,drinking water,and the air"’;and WHEREAS,the Puerto Rico legislature passed laws in 2017 banning the disposal of coal ash in its land?lls due to serious health concerns,forcing the AES power plant to ship its coal ash to an Osceola County land?ll;and WHEREAS,the Osceola Board of County Commissioners voted on May 13,2019,to request that Waste Connections of Osceola County,LLC,cease receiving coal ash from Puerto Rico at the JED Land?ll in Osceola County;and WHEREAS,the actions of the Osceola Board of County Commissioners resulted in coal ash being shipped on the St.Johns River into Jacksonville's port en route to a land?ll in Folkston,Georgia;and WHEREAS,coal ash spills in Jacksonville waterways can cause substantial harm to the ecology,local economy and the ?nancial viability of businesses that rely on tourism and clean,safe waterways;and WHEREAS,the City of Atlantic Beach is committed to being stewards of the environment and Agenda Item #8.D.13 Dec 2021Page 32 of 69 supporters of the region’s economic vitality,to the greatest extent possible;and NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach, Florida: SECTION 1.That the City Commission ?nds the foregoing to be true and accurate. SECTION 2.That the City Commission expresses its support for actions to stop the shipping of coal ash on the St.Johns River and into Jacksonville ports and strongly encourages all Jacksonville public and private port facilities to cease receiving and/or refuse the acceptance of coal ash due to the potential harmful impacts to human health,and local waterways and beaches. SECTION 3.That the City Commission encourages federal and state agencies to undergo a review of their emergency and noti?cation procedures pertaining to the transport of and unauthorized discharge of coal ash and other waste products into oceans,rivers and other waterways. SECTION 4.That the City Commission encourages federal and state agencies to be required to designate a public information of?cer following incidents involving the unauthorized discharge of coal ash and other waste products into oceans,rivers and other waterways. SECTION 5.That the City Commission directs the City Clerk to transmit a copy of this Resolution to each member of the Jacksonville City Council,the Jacksonville Waterways Commission, the Governor of Florida,the Florida Legislature’s Duval County legislative delegation,and the members of U.S.Congress representing Duval County. SECTION 6.That all resolutions or parts of resolutions in con?ict with this Resolution are repealed to the extent of such con?ict. SECTION 7.That his Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,this 13”‘day of December,2021. Ellen Glasser,Mayor Attest: Approved as to form and correctness:Brenna M.Durden,City AttorneyResolution21-82 Page 2 of 2 Agenda Item #8.D.13 Dec 2021Page 33 of 69 Page 34 of 69 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA I'I'ElVI:Resolution No.21-83 approving an amended,extended restated interlocal agreement regarding local option gas taxes arnong the City of Jackso nville, the City of Atlantic Beach,the City of Jacksonville Beach,the City ofNeptune Beach,theTown of Baldwin;and authorizing the mayor to execute the agreement to effectuate the of this resolution, TODAY'S DATE:Dec.1,2021 l\/IEETING DATE:Dec 13,2021 SUBNIITTED BY:Kevin Hogencarnp,Deputy City Manager/W SUlVll\’[ARY:On l\/lay 26,2021,the Council of the City of Jacksonville a ut h or iz e d the execution ofan amended,extended and restated Interlocal Agreement,which includes thelevyof an additional S—cents—per—gallo11 local option gas taxes.This increases the local option sal es taxto 1 1 cents.The funds are distributed to the cities based on population.The new tax is Jan. 1 ,2022. RECONINIENDATION:Commission consider approving Resolution No.21-83 BUDGET:NA ATTACHMENTS:1.Resolution No.21 -83 with the amended,extended and restate dinterlocalagree:-nent (Exhibit A) 2 Jacksonville City Council Ordinance 202l—223—E,enacted M a y 26,2021 . CITY MANAGER:¢Q-vén.Agenda Item #8.E.13 Dec 2021Page 35 of 69 RESOLUTION NO.21-83 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,FLORIDA,APPROVING AN AMENDED, EXTENDED AND RESTATED INTERLOCAL AGREEMENT REGARDING LOCAL OPTION GAS TAXES AMONG THE CITY OF JACKSONVILLE,THE CITY OF ATLANTIC BEACH,THE CITY OF JACKSONVILLE BEACH,THE CITY OF NEPTUNE BEACH,AND THE TOWN OF BALDWIN;AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;PROVIDING FOR CONFLICTS;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Section 336.025(1)(b)(2),Florida Statues,authorizes governing bodies of counties to enter into local agreements with one or more municipalities located with the county, representing a majority of the population of the incorporated area within the county,setting forth of a distribution formulate for dividing the entire proceeds of local option fuel taxes among county government and all eligible municipalities within the county;and WHEREAS,in June 1983,the Council of the City of Jacksonville,acting as the governing body of Duval County,entered into an Interlocal Agreement among the City of Jacksonville,the City of Atlantic Beach,the City of Jacksonville Beach,the City of Neptune Beach,and Town of Baldwin,regarding local option gas taxes sold in Duval County and taxed under the provisions of Chapter 206,Florida Statutes;and WHEREAS,that Interlocal Agreement was replaced and superseded by an Interlocal Agreement dated June 28,1985,regarding the distribution formula for dividing the proceeds of a Six-Cent Local Option Gas Tax sold in Duval County;and WHEREAS,on May 26,2021,the Council of the City of Jacksonville authorized the execution of an amended,extended and restated Interlocal Agreement,which includes the levy of additional local option gas taxes,also known as local option fuel taxes,pursuant to Section 335.025(1)(b),Florida Statutes,known generally as a Five—CentLocal Option Gas Tax,on every gallon of motor fuel sold in Duval County,exclusive of diesel fuel;and WHEREAS,the cities are desirous of entering into this amended Interlocal Agreement (Exhibit A)with each other and with the County to amend the Interlocal Agreement in order to NOW THEREFORE,be it resolved by the City Commission of the City of AtlanticBeach,Florida:SECTION 1.That the City Commission approves an amended,extended and restatedInterlocalAgreement(Exhibit A)regarding local option gas taxes among the city of Jacksonville,Agenda Item #8.E.13 Dec 2021Page 36 of 69 the City of Atlantic Beach,the City of Jacksonville Beach,the City of Neptune Beach,and the Town of Baldwin. SECTION 2.That the City Commission authorizes the Mayor to execute the agreement to effectuate the provisions of this resolution. SECTION 3.That all resolutions or parts of resolutions in con?ict with this Resolution are repealed to the extent of such con?ict. SECTION 4.That his Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,this 13"‘day of December,2021. Ellen Glasser,Mayor Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Brenna M.Durden,City Attorney Resolution 21-82 Page 2 of 2 Agenda Item #8.E.13 Dec 2021Page 37 of 69 RESOLUTION 21-83 EXHIBIT A Prepared by and Return to: John C.Sawyer,Jr.,Esquire Office of General Counsel 117 West Duval Street,Suite 480 Jacksonville,Florida 32202 AMENDED AND RESTATED INTERLOCAL AGREEMENT REGARDING LOCAL OPTION GAS TAXES AMONG THE CITY OF JACKSONVILLE,THE CITY OF ATLANTIC BEACH,THE CITY OF JACKSONVILLE BEACH,THE CITY OF NEPTUNE BEACH,AND THE TOWN OF BALDIN THIS AMENDED AND RESTATED INTERLOCAL AGREEMENT (hereinafter referred to as the “Agreement”)is made and entered into as of the day of ,2021 by and among the below-listed parties and shall become effective upon ?ling with the Clerk of the Circuit and County Courts,as herein provided (the “Effective Date”) (collectively,the “Cities”or individually,a “City”). WITNESSETH: WHEREAS,in June of 1983 the City previously entered into that certain Interlocal Agreement,as replaced and superseded by that certain Interlocal Agreement dated June 28,1985 (the “Initial Agreement”),regarding the distribution formula for dividing the proceeds of a six- cent local option gas tax (the “Six—CentLocal Option Gas Tax”)sold in Duval County and taxed under the provisions of Chapter 206,Florida Statutes,as authorized to be imposed by the governing body of Duval County by Section 336.025,Florida Statutes;and WHEREAS,the Council (“Council”)of the City of Jacksonville (“County”)acting as the governing body of Duval County,Florida,pursuant to Ordinance 2021-223-E,proposes to levy an additional local option gas taxes,also known as local option fuel taxes,pursuant to Gas Tax”)on every motorandWHEREAS,Section 336.025(1)(b)(2),Florida Statutes,authorizes the County to enterintointerlocalagreementswithoneormoremunicipalitieslocatedwithinDuvalCounty,Agenda Item #8.E.13 Dec 2021Page 38 of 69 representing a majority of the population of the incorporated area within the county,setting forth a distribution formula for dividing the entire proceeds of the local option fuel taxes among county government and all eligible municipalities within the county;and WHEREAS,the Cities are desirous of entering into this Agreement with each other and with the County to amend the Initial Agreement in order to restate the formula for the distribution of the previously imposed Six-Cent Local Option Gas Tax and to set forth a formula for the distribution of the Five-Cent Local Option Gas Tax,should any or all of such local option fuel taxes be approved or amended by Council. NOW,THREFORE,IN CONSIDERATION of the mutual covenants herein contained and for other good and valuable consideration,the legal suf?ciency of which is acknowledged by the parties,the parties agree as follows: 1.Recitals.The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.Authority.This Agreement is entered into by County and Cities pursuant to the authority provided by Section 336.025,Florida Statutes,and Section 163.01,Florida Statutes. 3.Construction of Agreement.Except as expressly modi?ed herein,the Initial Agreement remains unmodi?ed and in full force and effect. 4.Extension of Six-Cent Local Option Gas Tax.County and Cities agree that,in accordance with Ordinance 2021-223-E,the Six-Cent Local Option Gas Tax shall be extended for fuel sales starting on September 1,2036,and continuing for fuel sales through August 31, 2046,and during said ten-year period shall be allocated as set forth in the Initial Agreement.The foregoing provisions of this Agreement have no effect on the allocation of the Six-Cent Local Option Gas Tax for fuel sales through August 31,2036. 5.Imposition of Additional Five-Cent Local Option Gas Tax.County and the Cities acknowledge and agree that,pursuant to Ordinance 2021-223-E,the City has levied the 5- Cent LOGT authorized pursuant to Section 206.41(1)(e),Florida Statutes (for a total of eleven cents ($0.11)of Local Option Fuel Tax levied pursuant to Section 206.41(1)(e),Florida Statute, for fuel sales starting on January 1,2022,and continuing for fuel sales through December 31, 2051,and during said period those taxes shall be allocated in the same manner as provided for the Six-Cent Local Option Gas Tax as provided for in the Initial Agreement.For purposes of 6.Uses of Proceeds from Five-Cent Local Option Gas Tax.Proceeds from theFive-Cent Local Option Gas Tax shall be utilized only for transportation expenditures,as thattermissetforthinSection336.025(1)(b)(3),Florida Statutes and as de?ned in Section336.025(7),Florida Statutes.Agenda Item #8.E.13 Dec 2021Page 39 of 69 7.Severability.If any part of this Agreement is found by a court of competent Jurisdiction to be unlawful or otherwise unenforceable,such part shall be deemed to be severed from this Agreement and the remaining parts shall continue to have full force and effect. 8.Section Headings.All section headings used in this Agreement have been inserted for convenience only.Such section headings shall not be used in the interpretation or construction of the text of this Agreement. 9.Construction.The parties acknowledge that they have had meaningful input into the terms and conditions contained in this Agreement.Therefore any doubtful or ambiguous provisions contained herein shall not be construed against the party who physically prepared this Agreement.The rule sometimes referred to as “Fortius Contra Proferentum”shall not be applied to the interpretationof this Agreement. 10.Entire Agreement.This Agreement constitutes the entire agreement between the parties hereto for their responsibilities with respect to the Event.No statement, representation,writing,understanding,agreement,course of action or course of conduct,made by any party,or any representative of any party,which is not expressed herein shall be binding. All changes to,additions to,modifications of,or amendment to this Agreement,or any of the terms,provisions and conditions hereof,shall be binding only when in writing and signed by the authorized officer,agent or representative of each of the parties hereto. 11.Counterparts.This Agreement,and all amendments thereto,may be executed in several counterparts,each of which shall be deemed an original,and all of such counterparts together shall constitute one and the same instrument.Delivery of a counterpart by electronic means shall be valid and enforceable for all purposes. [Remainder of page is intentionally left blank.Signature page follows immediately.]Agenda Item #8.E.13 Dec 2021Page 40 of 69 IN WITNESS WHEREOF,the City of Jacksonville,by and through its respective authorized representatives has caused this Agreement to be executed on the day and year ?rst above written. ATTEST:CITY OF JACKSONVILLE By:By: Name:James R.McCain,Jr.Name:Lenny Curry Title:Corporation Secretary Title:Mayor Form Approved: Of?ce of General Counsel GC-#1424417-v2-Amended__and_Restated_lnterlocal_Agreement__-__beach_City__Baldwin_-_local_option_gas_taxes_(LOGT)_2021.doc Agenda Item #8.E.13 Dec 2021Page 41 of 69 IN WITNESS WHEREOF,the City of Atlantic Beach,by and through its respective authorized representatives has caused this Agreement to be executed on the day and year ?rst above written. ATTEST:CITY OF ATLANTIC BEACH By:By: Donna L.Bartle,City Clerk Ellen Glasser,Mayor 800 Seminole Road Atlantic Beach,FL 32233 Agenda Item #8.E.13 Dec 2021Page 42 of 69 IN WITNESS WHEREOF,the City of Jacksonville Beach,by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. ATTEST:CITY OF JACKSONVILLE BEACH By:By: Sheri Gosselin,Acting City Clerk Christine Hoffman,Mayor 11 North 3“Street 11 North 3"‘Street Jacksonville Beach,FL 32250 Jacksonville Beach,FL 32250 By‘' Mike Staffopoulos,City Manager 11 North 3“Street Jacksonville Beach,Florida 32250 Agenda Item #8.E.13 Dec 2021Page 43 of 69 IN WITNESS WHEREOF,the City of Neptune Beach,by and through its respective authorized representatives has caused this Agreement to be executed on the day and year ?rst above written. ATTEST:CITY OF NEPTUNE BEACH By:By: Catherine Ponson,City Clerk Stefen Wynn,City Manager 116 15‘Street 116 15‘Street Neptune Beach,FL 32266 Neptune Beach,FL 32266 Agenda Item #8.E.13 Dec 2021Page 44 of 69 IN WITNESS WHEREOF,the Town of Baldwin,by and through its respective authorized representatives has caused this Agreement to be executed on the day and year ?rst above written. ATTEST:TOWN OF BALDWIN By: Lula Hill,Town Clerk Sean T.Lynch Mayor Form Approved:Agenda Item #8.E.13 Dec 2021Page 45 of 69 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 Co~Introduced by the Council President at the request of the Mayor &Co—Sponsored by Council Member Dennis and amended on the Floor of Council: ORDINANCE 2021-223-E CHAPTER 799 (LOCALANORDINANCEAMENDING ORDINANCE CODE,TO:(1)OPTION GAS TAX), EXTEND THE SIX-CENT LOCAL OPTION GAS TAX FOR A 10 YEAR PERIOD BEGINNING SEPTEMBER 1,2036, AND CONTINUING THROUGH AUGUST 31,2046;(2) PROVIDE FOR THE LEVY OF A FIVE-CENT LOCAL OPTION GAS TAX (“5-CENT LOCAL OPTION GAS TAX”) IN DUVAL COUNTY FOR A PERIOD OF THIRTY (3m YEARS COMMENCING JANUARY 1,2022;(3)PROVIDE FOR THE LEVY OF A ONE-CENT LOCAL OPTION GAS TAX (“9“LCENT LOCAL OPTION GAS TAX”)IN DUVAL COUNTY FOR A PERIOD OF THIRTY (30)YEARS, COMMENCING JANUARY 1,2022;AND (4)RESTRICTS JTA’S USE OF ITS SHARE OF THE GAS TAX ON THE U.S.DEPARTMENT OF TRANSPORTATION BUILD GRANT; AMENDING SECTION 761.107 (COMMITTEES),CHAPTER 761 (THE BETTER JACKSONVILLE PLAN),ORDINANCE CODE,TO PROVIDE FOR THE BETTER JACKSONVILLE PROJECT ADMINISTRATION COMMITTEE TO PROVIDEREPORTINGOFREVENUESANDEXPENDITURESREGARDINGTHELOCALOPTIONGASTAXESTOCOUNCILTWICEAYEARNOLATERTHANAPRIL1ANDOCTOBER1,EXPANDING THE MEMBERSHIP OF EACH_l_Agenda Item #8.E.13 Dec 2021Page 46 of 69 1O 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 COMMITTEE,AND PROVIDING FOR AN ACCOUNTABILITY DASHBOARD;PROVIDING FOR DIRECT CONTRACTING WITH JSEB OR DBE PARTICIPANTS,AS APPLICABLE, LEAST $250 MILLION FORINAMOUNTOFAT PROJECTS UTILIZING TAX REVENUE PROCEEDS; APPROVING AND AUTHORIZING THE MAYOR,OR HIS DESIGNEE,AND THE CORPORATION SECRETARY TO EXECUTE:(1)AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE JACKSONVILLE TRANSPORTATION AUTHORITY FOR ALLOCATION OF THE ADDITIONAL TEN YEARS OF THE SIX~CENT LOCAL OPTION GAS TAX,THE 5-CENT LOCAL OPTION GAS TAX AND THE 9“LCENT LOCAL OPTION GAS TAX (COLLECTIVELY,THE “LOCAL OPTION GAS TAXES”); AND (2)AN AMENDED AND RESTATED INTERLOCAL AGREEMENT AMONG THE CITY,THE CITY OF ATLANTIC THE CITY OF JACKSONVILLE BEACH,THEBEACH, CITY OF NEPTUNE BEACH AND THE TOWN OF BALDWIN TO PROVIDE FOR THE DISTRIBUTION FORMULA FOR DIVIDING THE PROCEEDS OF THE PROPOSED LOCAL PROVIDING FOR POST-OPTION GAS TAXES; EMPLOYMENT RESTRICTIONS;PROVIDING FOR COMPLIANCE WITH STATE ETHICS LAWS;APPROVAL OF ORDINANCE;PROVIDING FOR FILING WITH THE EFFECTIVE DATE.BE IT ORDAINED by the Council of the City of Jacksonville:(Local Option Gas Tax),Section 1.Amending Chapter 799OrdinanceCode.Chapter 799 (Local Option Gas Tax),Ordinance Code,_2...Agenda Item #8.E.13 Dec 2021Page 47 of 69 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 is hereby amended to read as follows: CHAPTER 799. Part 1 -Six-Cent Local Qption Gas Tax 799.101. Local Option Gas Taxes. Sec.Tax imposed;limitation. There is hereby imposed a tax,hereinafter known as the six- cent local option gas tax,in the amount of six cents upon every gallon of motor fuel and special fuel sold in the General Services 206.This taxDistrictandtaxedundertheprovisionsofF.S.Ch. shall be effective on September 1,2016 and shall continue through August 31,2936 2046. *** 799.106.Distribution of tax proceeds.Sec. The proceeds of the local option gas tax shall be distributed among the City and Urban Services Districts Two,Three,Four and Five,to the extent that they are each eligible to receive a based the percentage amount calculated bydistribution,upon dividing the latest annual population total for each such governmental unit,as calculated and certified annually by the Administration,by the latest annualStateDepartmentof total of Duval County as likewise calculated andpopulation certified.This percentage amount shall be revised annually during the term of the tax as the population figures calculated and certified by the Department of Administration are revised.The Council Auditor shall provide the State Department of Revenue with October 1 of each year the tax is in effect;if a dispute shallarisewithrespecttothedeterminationofdistributionproportions§336.025(5)(b),the tax proceeds shall be paidasprovidedinF.S.into the Local Option Gas Tax Trust Fund without distribution andheldinescrowuntilthedisputeisresolved.The City's share of._.3_Agenda Item #8.E.13 Dec 2021Page 48 of 69 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 from the six—cent local option gas tax shall beproceeds distributed between the City of Jacksonville and the JTA pursuant to the Interlocal Agreement between the City and JTA authorized by Ordinance 202l—223~E.In the event none of the local municipalities enter into an Amended and Restated Interlocal Agreement authorized by Ordinance 202l—223—E,the proceeds of the six—cent local option gas tax,as to the August 31,2036 through September 1,2046 time frame shall be disbursed based on the transportation expenditures of each eligible local municipality for the immediately preceding 5 fiscal years,as a proportion of the total of such expenditures for the county and all municipalities within the county,consistent with Chapter 336.025,Florida Statutes. *** Part 2.—Five-Cent Local Option Gas Tax. Sec.799.201.—Tax imposed;limitation. There is hereby imposed a tax,hereinafter known as the five- cent local option gas tax,in the amount of five cents upon every gallon of motor fuel sold (exclusive of diesel fuel)in the General Services District and taxed under the provisions of F.S.Ch.206. This tax shall be effective on January 1,2022 and shall continue through December 31,2051. Sec.799.202.-Manner of collection. The five—cent local option gas tax shall be collected by the State Department of Revenue in the same manner as other gas taxes City,shall be credited to the Local Option Gas Tax Trust FundcreatedbySectionlll.5l5,Ordinance Code.Sec.799.203.—Purpose of tax.The five—cent local option gas tax shall be utilized only fortransportationexpenditures,as that term is set forth in F.S.§_4_.Agenda Item #8.E.13 Dec 2021Page 49 of 69 20 21 22 23 24 2627282930 Amended 5/26/2l Enacted 5/26/2l 336.025(l)(b)(3),as defined in F.S.§336.025(7)and as appropriated from time to time by the Council. Sec.799.204.—Legislative authority. This Chapter is enacted pursuant to the authority contained in F.S.§336.025. Sec.799.205.-Territorial application. shall ServicesThisChapterapplythroughouttheGeneral District.The City is exercising its powers as a County in the enactment of this Chapter and the imposition of the five—cent local option gas tax,pursuant to the authority contained in Section 3.01 of the Charter. Sec.799.206.-Distribution of tax proceeds. The proceeds of the five—cent local option gas tax shall be distributed among the City and Urban Services Districts Two,Three, Four and Five,to the extent that they are each eligible to receive a distribution,based upon the percentage amount calculated by dividing the latest annual population total for each such governmental unit,as calculated and certified annually by the State Department of Administration,by the latest annual population total of Duval County as likewise calculated and certified.This percentage amount shall be revised annually during the term of the tax as the population figures calculated and certified by the Department of Administration are revised.The Council Auditor shall provide the State Department of Revenue with the distribution effect;if a dispute shall arise with respect to the determinationofdistributionproportionsasprovidedinF.S.§336.025(5)(b),the tax proceeds shall be paid into the Local Option Gas Tax TrustFundwithoutdistributionandheldinescrowuntilthedispute isresolved.In the event the local municipalities do not enter into_5._Agenda Item #8.E.13 Dec 2021Page 50 of 69 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 an Amended and Restated Interlocal Agreement as authorized by Ordinance 202l—223—E,the proceeds of the five—cent local option gas tax shall be disbursed based on the transportation expenditures of each eligible local municipality for the immediately preceding 5 fiscal years,as a proportion of the total of such expenditures for within the county,consistentthecountyandallmunicipalities Florida Statutes.The share ofwithChapter336.025,City's the five—cent local option tax shall befromgasproceeds distributed between the City and the JTA pursuant to the Interlocal Agreement between the City and JTA authorized by Ordinance 2021- 223—E. Sec.799.207.—Use of City's share of five—cent local option gas tax. Proceeds from the five—cent local option gas tax shall be used by the City,eligible municipalities within Duval County and JTA transportation authorized and defined inonlyforexpensesas Section 336.025(7),Florida Statutes. Sec.799.208.—Use of JTA‘s share of five-cent local option gas tax. In addition to the provisions of §799.207,Ordinance Code, proceeds from the five—cent local option gas tax shall be used by the JTA only for transportation expenses as authorized and defined for JTA proiects postandFloridaStatutes,in §336.025(7), enactment of Ordinance 202l—223—E,in no event shall JTA use Part 3.—9“-Cent Local Option Gas Tax.Sec.799.301.-Tax imposed;limitation.There is hereby imposed a tax,hereinafter known as the 9%-cent local option gas tax,in the amount of one cent upon everygallonofmotorfuelsoldintheGeneralServicesDistrictand._6._Agenda Item #8.E.13 Dec 2021Page 51 of 69 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 shall be206.taxtaxedundertheprovisionsofF.S.Ch.This effective on January 1,2022 and shall continue through December 31,2051. Sec.799.302.-Manner of collection. The 9”Lcent local option gas tax shall be collected by the State Department of Revenue in the same manner as other gas taxes 206 and,when received by thearecollectedpursuanttoF.S.Ch. City,shall be credited to the Local Option Gas Tax Trust Fund created by Section 111.515,Ordinance Code. Sec.799.303.—Purpose of tax. The 9“—cent local option gas tax shall be utilized only for transportation expenditures,as that term is defined in F.S.§ 336.025(7)as appropriated from time to time by the Council. Sec.799.304.—Legislative authority. This Chapter is enacted pursuant to the authority contained in F.S.Ch.§§206.41,206.87 and 336.021. Sec.799.305.—Territorial application. shall ServicesThisChapterapplythroughouttheGeneral District.The City is exercising its powers as a County in the enactment of this Chapter and the imposition of the 9”Lcent local option gas tax,pursuant to the authority contained in Section 3.01 of the Charter. Sec.799.306.-Distribution of tax proceeds. of the 9t“—cent local option gas tax shall beTheproceeds the Interlocal Agreement between the City and JTA as authorized byOrdinance2021—223—E.Sec.799.307.—Use of 9“hcent gas tax.Proceeds from the 9th Cent Gas Tax shall be used by the CountyandJTAonlyfortransportationexpensesasdefinedinSection_7._.Agenda Item #8.E.13 Dec 2021Page 52 of 69 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 336.025,Florida Statutes. Sec.799.308.—Use of JTA's share of 9th—cent local option gas tax. In addition to the provisions of §799.207,Ordinance Code, proceeds from the 9th—cent local option gas tax shall be used by the JTA only for transportation expenses as authorized and defined Florida Statutes,and for JTA proiects postin§336.025(7), enactment of Ordinance 2021—223—E,in no event shall JTA use proceeds for the Us Department of Transportation Build Grant. Section 2.Amending Section 761.107 (Committees),Chapter Ordinance Code.Section 761.107761(The Better Jacksonville Plan), (Committees),Chapter 761 (The Better Jacksonville Plan),Ordinance Code,is hereby amended to read as follows: CHAPTER 761.THE BETTER JACKSONVILLE PLAN. *** Sec.761.107.Committees. *** (a)The FAC shall consist of the Managing Director of JEA,the their respectiveChiefAdministrativeOfficeroftheCity,or designees,and a citizen within the financial business community of the City—4Qaa—é3HEEE—¥&H+—be——asseeiated with any of ehe—financial a citizen who has had involvement ininthealternative,bending; municipal,In addition,County or other governmental financing. affiliated with er <H%?£ycd by—iH?F4HH£€&&—6f—+%£H§&%£¥—%h&Eweald—be—éavelved—ia—the—implemen%ation ef The Better Jaekseaville¥4iH+—P£e§eets shall Sueh—éaHHaKmK%H+—iaeludesfina?eing7——planaing,simi1a£—basinesses~er—eeeapatie&sr—Two of said citizen members of_8_serve as members.real eenstruetien or othercstatc,design,Agenda Item #8.E.13 Dec 2021Page 53 of 69 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 the FAC shall be appointed by the Mayor (one of whom shall be the citizen within the financial business community of the City)and confirmed by Council,two shall be appointed by Council,and two shall be recommended by JTA to be confirmed by Council,in each case,for a five—year termA$l of said citéecn membea}—ef—the—¥AG shall—be—appei?ted—by—%he~MayVr,and confirmed by—the—€eaaeélr—fer a—4%?%~yea&—term with the possibility of five—year term in the discretion of the Mayor and confirmation by serving one additional the Council;provided however,the citizen members shall serve no more than two full terms.The Council Auditor,or designee,shall be a nonvoting member.The FAC shall meet at the call of the Chair The Chair shall rotateoranymember,but no less than quarterly. on an annual basis,commencing with the City's Chief Administrative Officer.The Council Auditor,or designee,and the citizen members shall not be eligible to serve as Chair.The FAC shall determine and assess the general conditions of the market for municipal bonds and notes (including opportunities for the efficient use of bond anticipation notes,other bridge financing and refunding bonds), and other appropriate financial markets,including advice regarding advantageous maturities and maturity structures,sinking fund and defeasance provisions,interest rate provisions,redemption provisions,credit enhancement opportunities,interest rate hedging opportunities,method of sale,investment opportunity and similar matters.The FAC shall take into account the effect of the terms of that The Better Jacksonville Plan,as anProjectsinorderentirety,may be efficiently financed.The foregoing sentence shallapplyequallytoanyseriesofrefundingbondsissuedtorefundanybonds,which refunding bonds may only be issued with the unanimousconsentofFACortheMayor,as provided as follows:It is intended_9._.Agenda Item #8.E.13 Dec 2021Page 54 of 69 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 that the issuance of bonds be provided in a manner necessary to provide funds for The Better Jacksonville Plan Projects on a timely basis when such projects are ready to be commenced.The FAC shall meet as determined by the Chair or at the request of an individual member for the purpose of coordinating the respective needs of the City for the issuance of bonds with the intent that each series of bonds be sized and structured in the most efficient manner possible.The timing and amount of each series of bonds shall be as executed by the City to timely construct The Better Jacksonville Plan Projects.Upon dissent of any voting member of the FAC,as to matters involving the issuance of bonds,the final determination, on such issuance,will be made by the Mayor after review of supportive documentation given to the Mayor and any dissenting FAC member. (b)The PAC shall consist of the Executive Director of the Jacksonville Transportation Authority,the City's Director of Public Works and the Managing Director of JEA or their respective In addition,sixtwe private citizens who are residentsdesignees. or eehcr simila£~—basi?ess€?k—e£——eeeapatie?sw-Two of said citizen members of the PAC shall be appointed by the Mayor and eenstraetie? shall be recommended by JTA to be confirmed by Council,in eachcase,for a five—year term The—ei%izen—members of the PAC shall beappei&%ed—by—£he—Mayerr—aHd—eenfirmed—by th-Council,for a five-year—term with the possibility of serving one additional five—yearterminthediscretionoftheMayorandconfirmationbythe...]_0_Agenda Item #8.E.13 Dec 2021Page 55 of 69 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 Council;provided however,the citizen members shall serve no more consultant ofthantwofullterms.The general engineering Jacksonville Transportation Authority and Public Works Department's their designees,general engineering consultant,or respective shall be nonvoting members.The PAC shall meet at the call of the Chair or any member,but no less than quarterly.The Chair shall rotate on an annual basis among committee members commencing with the Executive Director of the Jacksonville Transportation and the citizen members shallAuthority.The nonvoting member(s) not be eligible to serve as Chair.The City shall be primarily responsible for the construction of The Better Jacksonville Plan Projects which are referenced to the City.The PAC shall study The Better Jacksonville Plan Projects with the goal of advising how to construct and complete such projects in the most efficient manner possible and to oversee execution of work of all such projects as each such project is ready to be designed,right—of~way acquired, permitted and constructed. (c)The FAC and the PAC shall prepare and present to the City Council,the Mayor and the Jacksonville Transportation Authority Board as necessary a report on the implementation,progress,status and completion of all The Better Jacksonville Plan Projects, including a summary of the financing undertaken,funds expended and planning,design,right—of—way acquisition and construction as of the reporting date.In addition,said committees shall report on concern for the timely and proper completion of The Bettershallbegivenon anSuchPlanreportsJacksonvilleProjects.annual basis,within 90 days after the end of each fiscal yearoccurringaftertheeffectivedateofTheBetterJacksonville %Cent Sales Surtax.The FAC and PAC shall also prepare and present._.]_1_Agenda Item #8.E.13 Dec 2021Page 56 of 69 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 to the City Council and the Mayor a report twice a year no later than April 1 and October 1,that such taxes are in effect, implementation,statusregardingtherevenuesreceived,progress, and completion of the projects related to the use of the local option gas taxes set forth in Chapter 799,Ordinance Code. (d)An accountability dashboard shall also be cmeated so that following each regular or special meeting of the FAC and the PAC,which shall occur on at least a quarterly basis,in a concise and user friendly format easily accessible to the public through posting on the City of Jacksonville and Jacksonville Transportation Authority websites,including the following information:summary of the progress and status of the local option gas tax projects and a summary of the revenues accumulated for the local option gas tax projects,along with all documents and other information which was presented to or discussed by the FAC and the PAC at their respective meetings.These reports shall have a 3 —year tracking of the previous year,the current year,and the future year for project timelines,anticipated start and finish dates,priorities or timing for future projects,information concerning the bidding contractors ultimately selectedwhatareandforprojects (including pertinent information as to JSEB participation levels in the project),and anticipated costs of each project. Section 3.Manner of Collection.The Local Option Gas Taxes enacted hereby shall be collected by the State of Florida collected pursuant to Chapter 206,Florida Statutes and,whenreceivedbytheCity,shall be credited to the Local Option Gas TaxTrustFundcreatedbySection111.515,Ordinance Code.Section 4.Use of Revenues.The 5—cent local option gastaxandthe9“~cent local option gas tax proceeds shall be utilized._]_2__Agenda Item #8.E.13 Dec 2021Page 57 of 69 1O 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 for transportation expenditures,as that term is defined and qualified in Section 336.025(7),as appropriated from time to time by Council.Pursuant to Section 336.025,Florida Statutes,and any other applicable law,proceeds of the six—cent local option gas tax and any interest accrued thereto shall be expended by the County, the local municipalities and JTA for transportation expenditures, as defined in Section 336.025,Florida Statutes.Further, expenditures for the construction of new roads,the reconstruction or resurfacing of existing paved roads,or the paving of existing graded roads shall be deemed to increase capacity and such projects shall be included in the capital improvements element of an adopted comprehensive plan.The JTA required eligible projects are established and attached to the Second Revised On File JTA Interlocal Agreement.A sample of eligible transportation projects is attached hereto as Revised Exhibit 1,labeled as “Revised 2021 —COW”.Exhibit 1,Rev Eligible Projects,May 19, Section 5.JSEB Direct Contracting for Projects Utilizing Gas Tax Revenue Proceeds.For all projects utilizing Local Option Gas Tax proceeds,the City and JTA,cumulatively,shall designate $250 million of anticipated gas tax revenues to enter into direct contracts with City certified Jacksonville Small and Emerging Section(JSEB)participants pursuant toBusinessesProgram or JTA Disadvantaged Business Enterprise126.615,Ordinance Code, as applicable;provided that such awards do not(DBE)participants, Chief of Procurement,inthework.TheJSEBstoperformconsultationwiththeJSEBAdministrator,for the City,and JTAProcurementforJTA,shall work in conjunction to award at least$250 million of the projects utilizing gas tax revenue proceeds toJSEBs,or DBE participants as applicable,through direct...l3_Agenda Item #8.E.13 Dec 2021Page 58 of 69 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2627282930 Amended 5/26/21 Enacted 5/26/21 contracting. Section 6.Approval and Authorization for Interlocal Agreement with Jacksonville Transportation Authority.There is approved,and the Mayor,or his designee,and Corporation Secretary are hereby authorized to execute and deliver,for and on behalf of the City,the Interlocal Agreement between the City of Jacksonville and the Jacksonville Transportation Authority substantially in the form placed Second Revised on File with the Legislative Services Division,governing the distribution of the five—cent local option gas tax,the 9“Lcent local option gas tax,and the final 10 years (from September 1,2036 through August 31,2046)of the six~cent local option gas tax. Section 7.Approval and Authorization for Interlocal Agreement with the City of Jacksonville Beach,the City of Atlantic Beach,the City of Neptune Beach,and the Town of Baldwin for the distribution formula for dividing the proceeds of the proposed local option gas taxes.There is hereby approved,and the Mayor,or his designee,and Corporation Secretary are hereby authorized to execute and deliver,for and on behalf of the City,the Amended and among the City and the City ofRestatedInterlocalAgreement Atlantic Beach,the City of Jacksonville Beach,the City of Neptune Beach,and the Town of Baldwin,in substantially the form placed Second Revised On File with the Legislative Services Division for the distribution formula for dividing the proceeds of the existing municipalities as authorized hereby.Section 8.Post—Employment Restrictions.Pursuant to theprovisionsinSection602.411 (Disqualification of former officersandemployeesinmattersconnectedwithformerdutiesorofficialresponsibilities;disqualification of partners)and 602.412_]_4_Agenda Item #8.E.13 Dec 2021Page 59 of 69 1O 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 262728293O Amended 5/26/21 Enacted 5/26/21 which govern City officers and(Prohibited future employment), employees,no current City employee or officers shall have or hold an agency,attorney,employee or contractual relationship in violation of such Code provisions with respect to public transportation and infrastructure projects encompassed within the proposal for the Local Option Gas Tax project list. Section 9.Compliance with State Ethics Laws.The provisions of Part III,Chapter 112,Florida Statutes,shall apply to the members of the FAC and the PAC.Specifically,Section 112.313 (Standards of conduct for public officers,employees of agencies,and local government attorneys),Florida Statutes,as to conflicts of interest are applicable to the members of the FAC or the PAC Committees. Section 10.Approval of Ordinance.Pursuant to Chapters 336.025 and 336.021,Florida Statutes,enactment of this Ordinance requires approval by a majority plus one vote of the Council members present at the Council meeting at which a vote on this Ordinance is taken. State.Section 11.Filing with Florida Department of Directing the Legislative Services Division to send an electronic copy of this Ordinance upon enactment to the Secretary of State for FloridatheStateofFloridainaccordancewithSection125.66, Statutes. Section 12.Effective Date.This Ordinance shall become without the Mayor's signature.Form Approved:/s/Margaret M.Sidman Agenda Item #8.E.13 Dec 2021Page 60 of 69 Office of General Counsel Legislation Prepared By: GC-#1434862-vl-2021-223-E.docX John Sawyer Amended 5/26/21 Enacted 5/26/21 Agenda Item #8.E.13 Dec 2021Page 61 of 69 Page 62 of 69 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance No.95-21-120 SUBMITTED BY:Ai1iai1da Askew.Director or Planning and Colninunity l3e \/ elo prn ent TODAY’S DATE:Deceinbel‘1,2021 MEETING DATE:Decen1bei'13,2021 BACKGROUND:Polystyrene foarn.coniinonly known as “Styrofoarn”,isnoteasily recyclable and is a coinnion source of plastic pollution on the City’s parks and beaches.Iteasilybreaks down into srnaller pieces,creating I-nicro-plastic pollution vvhich iinpacts wildlife and health.In an effect to reduce the use or polystyrene in city parks and beaches the city is suggesting anordinance that would prohibit vendors frorn using,selling or distributing polystyrene products. Polystyrene foarn food ware items include but are not liinited to plates,cups.bowls,take — out container s,and coolers.See a few exaniples ofpolystyrene products below: One of the 2021 Conn-nission Environmental Leadership priorities is “Establishing reuse and recycling standards for individuals and groups utilizing City facilities."'l‘ his proposed ordinance is an inerernental step in reducing the use of plastic at city facilities. In 2008.the Florida legislature preeinpted the ability for rnunicipalities to generally plasticbags, single—use plastics and polystyrene.however,tl IS preemption does not prohibit the abi lity toregulate polystyrene products on city o\\/nexl properties and the beach.Other cities that ban po lys tyr en e on publicly owned lands include;the cities of Orlando,Boca Raton,Fort Laudcrdale,Ho lly wo od, Dania Beach,Deer?eld Beach and Boynton Beach.In the 2021 legislative session,a preeniption rep eal billwas not able to be placed on a eornn-iittee agenda in any of the COI]1n1ilt€eS.Therefore,it w as n’t evenheard or considered.Agenda Item #9.A.13 Dec 2021Page 63 of 69 'The Environnicntal Stewardship Colnniission (ESC)has discussed this topic several tirnes thr oug hou t the years and supports any prohibition of polystyrene products and is working on suggestions t h a t willinclude stricter regulations. The proposed ordinance vvill prohibit the use,sale or distribution of polystyrene foani oncity properties (i.e.parks,buildings,etc.)and the beaches.It does not prohibit the use of t h e s e product s by individuals in these areas (For exaniple.an individual bringing a Styrofoant container to park).Itwill alrecl concession sales at parks,Food trucks on public properties,and special ev ent s byprivate organ‘ations using public spaces (i.e.catered events at Adele Grage Center).Since ?rs:readthe effective date was changed frorn January 1,2022 to l\/larch 1,2022.This is intended allo w tiinefor education,outreacln and depletion of Supplies. Colrurlission voted to approve the proposed ordinance on ?rs!read with son-le recon- lniended changes. The rnodilications include changing the word "ban"to ‘‘prohibit‘'in the second whereas changing the ordinance effective date frorn January to l\/larch,adding language that prohibits thecityfl‘0t’I‘t purchasing or using polystyrene foan1 products and clarifying language that allows in di vi d u al s touse polystyrene products on public properties.For cxarnple,individuals may bring p ol y st y re n e foam products into a park For birthday parties,picnics,or City ernployees rnay bring to go con tain ers intocity buildings. BUDGET:None RECOMMENDATION:Review and vote on Ordinance No.95-21-120 for second r e aATTACHl\/[EN'l‘(S):Ordinance No.95- REVIEVVED BY CITY MANAGER:Agenda Item #9.A.13 Dec 2021Page 64 of 69 ORDINANCE NO.95-21 -12!) AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FL()I1IDA AIVIENDING CHAPTER 5 OF THE ATLANTIC BEACH CODE O FORDINANCES,BEACHES AND I‘ARKS,TO ADD NEW SECTION 5 - 5 , PROHIBITION OF THE USE,SALE OR DISTRIBUTION O FPOLYSTYRENEFOAIVIPRODUCTSONCITYPROPERTIES TIIE BEACH,TO PROVIDE DEFINITIONS AND RENUNIBER SUBSEQUENT C()DE SECTIONS;PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR A NEFFECTIVEDATE. whereas,the city commission encourages the advancement of sustainability or the City of Atlantic Beach (COAB)by reducing the use or polyst yrene tbarn products (trademarked Styrofoaln)on city properties :iIItLU,IL‘h-:ut,'!l and encourages b i o d e g r a d a b l e , <:on1postable,recyclable and reusable alternatives:and VVhereas,the (Tity of/Atlantic Beach desires to lead by exarnple in the ban p|' uh ib' li Ifl.Ilia sale,use and distribution of polystyrene foam products on city properties nnd t henI1and encourages others to do so as well:and whereas,the city Cornrnission finds that the innpacls or polystyrene f o a products (trademarked styroroam)are threatening the health of citizens,wildlife and the enviro nment ; and whereas,the city Commission finds that the use or polystyrene foan1 pro duc ts havea signi?cant ilnpact on the health of hurnans and rnarine life;as they contain likely c a n c e r causing chelnicals and adversely inapact the natural environrnent as litter and polystyrene foa m neve r fully degrades and bloaccurnulates in rnarine life resulting in potential harna both to the nr ar in e lifeand consul-ners;and whereas,the City Commission finds that over 30 rrlillion pounds of polyst yrene foam products rnade in the US annually end up as litter in our environn1ent and will con tin ue to accurnulate. NOVV,THEREFORE,BE IT ENACTED BY THE CITY COIVIIVIISSI ON ON BEHALF OF THE PEOPLE OF TIAIE CITY OF ATLANTIC BEACH.FLORIDA: SECTION I.Regulation Added and Renuwlber Subseguenl.Sections.New Section is hereby added to the Code ofordinances ofthe City of Atlantic Beach,Florida,and Section 5-5,5-6,5-7 and 5—8 are renulnbex-ed to read as lbllows: Sec.5 Prol bition on the use sale or distribution of ol s rene foam roducts onci gronc es and the bench. ga)The usc_«Q the h Blue underlined text reflects Commission comments durning first read Agenda Item #9.A.13 Dec 2021Page 65 of 69 I‘its use nor cnlcr inlu any cnnlracl fur fund or drink which ncnmts Illc usc . saleor distribution of Qolygtvrcno:that“products. g 1 Vendors‘ (1)‘lenders are prohibited frorn using selling or distributing food}or drinks pa ck ag ed in polysg/rene foarn products on city property or the b$"{ll:l]_._ (2)Every vendor entering into a contract lease rental agreetnent pcrntit or oth er agreer nentwithathirdpartyfortheprovision0f;g00df;-9 —seo=viees-——e|'—4'or—a»g1—event~—l'uod ordrinks on city propert /q_r the bunch shall include in such agrcclrient refer ence tothe prohibitions in this section. (3)A violation of any prohibition or requircinent of this section shall be sz ro un ds for revocation by the cit ofa contract lease rental agreeinent punt II or oth er aggree nrtentwithavendor_or third )arly___ (c)The prohibitions in this section shall be suspended during a city—declared state of ei ne rg en cy. (d)For clarity.illthe nruhibilions in this 5::lion are not applicable to individuals othernun- ventlurs using cil_1‘_j;r_oJ1crl\/or the beach.<l3(\Ft‘x—&n1[ale.By way ufcxatnule onl y butnotIn nit the fnt-1.-going sentence.individuals mav brim:pulystyrcm:fr-am products theapark lor birthday partics~or »_1>icni5:s o«r—and Lity en1pL)vces and invitees tnay bring } eFt — ev ers — in polystyrene fuant products to city buildittus. (3)“Polystyrene foatn"shall rnean blown Dolystyrene and expanded and extruded thatare tl1ern1oplastic Detrochernical niaterials utilizing a styrene rnonorner and proces sed byany nutnber of techniques including.but not liniited to fusion of polyrner spheres ( ex pa nd abl e bead polystyrene)iniectiniz rnoldinp.foatn ntolding and extrusion—blown rnoldi mz ( exttude dfoarnpolystyrene.Polystyrene foarn is cominonlv used to make disposable c u ps bowls plates trays clan-ishell containers meat trays and egg cartons and is cotnn-ionly th ou gh o?en incorrectly referred to b the trademark narne "Stvrot‘oarn.' Q)"Polystyrene foatn products"shall rnean products niade fl'0l'l‘l polystyrene thatare designed for distributing food or drink such as containers bowls plates trays andlids and which are intended to be disposable and polystyrene foant coolers/ice chests thatarenot wholly encapsulated or encased within a tnore durable rnaterial. Lg)For the purpose of this section."vendor"shall mean a person or entit who is cont racte d bythe (‘ily to sell or distri ute food nndfor drinks on city rxror/tel’!or the beach or is bymitt panics toctuerevents sell or distribute food ur d tks on city property or the be nc h. Sec.S-6.—Surfboards. It shall be unlawful for any person to surf or to use or ride a surfboard in the surf tothe beach within the corporate limits of the city at any tirne and at any location unless tsurfboa rdhassecurelyfastenedtoitatethernotcxcccdingeight(8)feet in length,the free ofwhich n1ust be securely bound to either the ankle or wrist of the surfer. Sec.5-7.-Parking of sailboats not to nbstruct lifeguard activities. Blue underlined text reflects Commission comments durning first read Agenda Item #9.A.13 Dec 2021Page 66 of 69 It shall be unlaulful for any person to park 21 sailboat or catarnaran on the beach i n anymanner \vhich will obstruct the Vievv of lifeguards pcrforrning lifeguard activities. see.S-8.—Operation or rnotori ed apparatus within hva hundred feel of beach. ll shall be unlawful for any pe‘son to operate any motorized boat or other motorized apparat uswithintwohundred(200)feel orthe beach.Personal watercra?,sailboats,and similar wate rcra n,which require transport by use ora motor vehicle,will only be launched at the Atlantic Boul evardl-alnp. Sec.5-9.-Parking of sailboats,catamarans,and vessels. (8)ll shall be unlawful for any person to park or leave unattended a sailboat,cal.an1aI'z \n, orother vessel on the beach for rnore than sevcntyslwo (72)hours Without first notifying receivi ngperrnission?‘on1 the chiefof police or his designee.A sailboat,calaniarsln,or ves sel shallonly be allowed to park over seventy—two (72)hours between l\/lay l to Septernber 30 of e a c h year. At no tinle will any sailboat,calaniaran,or other Vessel be allowed Io park west oft he dune line,on a beach access,or public right-of—way. (b)Before the chief of police or his designee gives permission for the owner asailboat, catamaran,or other vessel to he parked over scventy—two (72)hours on the beac h, theowner must provide proof or ownership,description,serial number,hull numb er orother identi?cation number,and the loca ion desired for parking same.Permission to p a r k , andthe loeation requested,is at the sole discretion of the chief or police.The chief poli ce [nay develop additional rules lo govern such parking to protect the public's sarety. (c)Any person who parks a sailboat or calaniaran 01'other vessel in violation of sectionis subject to having such sailboal.CEll8I‘I‘l'<ll‘an,or other vessel lowed at the owner's expen se.(()rl:l.No.95-03-83,§I,1~27~O3) Secs.5—l0:5—lS.~Reserved. SECTION 2.Conflict.All ordinances,resolutions,of?cial dclerlninalions or (hereof previously adopted or entered by the Cily or any or its omeials and in eonniet with th is Ordi nanc earerepealedtotheextentinconsislenlherevvith. SECTION 3.Sevlrrabilily.lfa Court of compelcntjurisdiction at any lilnc ?nds provis iono(‘lhisOl*dinance to be unlawful,illegal,or unenforceable,the offending provision sha ll becleenied severahle and rernoved from lhe remaining provisions of this Ordinance which sh all rclnai n in full force and intact. SECTION 4.Elffective Dale.'l‘his ordinance shall lake effect on January Ivllllx ll l,2022 PASSED by the City Coinlnission on first reading this day ol'Noven1bel'.2021. Blue underlined text reflects Commission comments durning first read Agenda Item #9.A.13 Dec 2021Page 67 of 69 PASSED by the City Commission on second and ?nal reading this ,2021. day of CITY OF ATLANTIC BEACH Ellen Glasser,Mayor Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Brenna M.Durden,City Attomey Blue underlined text reflectsCommission comments durning first read Agenda Item #9.A.13 Dec 2021Page 68 of 69 AGENDA ITEIVI : SUBIVIITTED BY: TODAY’S DATE: MEETING DATE: BACKGROUND : BUDGET: RECOl\/Il\/IENDATION : CITY OF ATLANTIC BEACH CITY CONIIVIISSICDN NIEETING STAFF REPORT l\/liscellaneous Business Discussion item regarding authorization additionof June 19 as an official City holiday for the observance and celebration ofJuneteenth National Independence Day Cathy Varian,I-{urnan Resources Director Novernber 22,2021 December 1 3,202 1 Juneteenth National Independence Day,also known as Juneteenth,JubileeDay, Emancipation Day and Freedom Day was first observed on J u n e 19,1866,to celebrate the signing of the Eniancipation Proclamation abolishing slav ery, issued on January 1,1863,but word of which did not teach Texas until Jun e 19,1865‘ Juneteenth National Independence Day was designated as a federal ho li da y in2021, commemorating the emancipation of African—Amei-ican slaves,and isalsoobserved for celebrating African—American culture.The City of Atlantic B ea ch currently observes eleven of?cial holidays annually,but historically has follo wed theCityof Jacksonville in designating official holidays.The City of Jacks onvill e recently added the observance of Juneteenth as an official city holiday,fatotalof12 0 f?cial holidays. No budget irnpact. Requesting guidance on the approval of the addition of June 19asanofficial City of Atlantic Beach holiday,thus giving the City and its employees the opportunity t o celeb rate both the historic signi?cance and the current cultural relevance ofluneteenth. mmwm»m cm MANAGER:CC Agenda Item #10.A.13 Dec 2021Page 69 of 69