03-14-22 Draft Agenda
City of Atlantic Beach
Agenda
Regular City Commission Meeting
Monday, March 14, 2022 - 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.
Fletcher High School Girls Soccer Proclamation
Fletcher High School Girls Soccer Proclamation
5
2.B.
Goverment Finance Professionals Week Proclamation
Government Finance Professionals Proclamation
7
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A.
Accept the 90-Day Calendar (March - May 2022)
90 Day Calendar (Mar-May 2022)
9 - 12
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
6. COMMITTEE REPORTS
7. ACTION ON RESOLUTIONS
7.A.
RESOLUTION NO. 22-21
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING STAFF
TO ISSUE A TASK AUTHORIZATION TO HANSON PROFESSIONAL SERVICES FOR
DESIGN AND ENGINEERING SERVICES FOR DRAINAGE IMPROVEMENTS IN THE
MARY STREET AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS
AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Resolution No. 22-21
13 - 92
7.B.
RESOLUTION NO. 22-22
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO.
2122-03 FOR THE ASPHALT SHINGLE ROOF REPLACEMENT AT CITY HALL;
93 - 95
Page 1 of 106
Regular City Commission - 14 Mar 2022
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE
Resolution No. 22-22
7.C.
RESOLUTION NO. 22-23
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING UKRAINE AGAINST RUSSIAN GOVERNMENT AGRESSION;
AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. 22-23
97 - 98
7.D.
RESOLUTION NO. 22-24
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING THE CITY
MANAGER TO INITIATE AND OVERSEE THE RECORDS MANAGEMENT REVIEW
PROJECT IN COORDINATION WITH THE CITY CLERK; AUTHORIZING THE CITY
MANAGER TO ENGAGE AN OUTSIDE CONSULTANT TO ASSIST IN THE REVIEW
PROJECT WITH CERTAIN PARAMETERS; REQUIRING THE CITY MANAGER TO
PROVIDE REPORTS TO THE COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-24
99 - 102
8. ACTION ON ORDINANCES
8.A.
ORDINANCE NO. 75-22-27, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 19,
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE I, GENERAL
PROVISIONS, SECTION 19-6, TRAFFIC CALMING DEVICES; PROVIDING FOR
CONFLICT, FOR SEVERABILITY, AND FOR AN EFFECTIVE DATE.
Ordinance No. 75-22-27
103 - 106
9. MISCELLANEOUS BUSINESS
10. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
11. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
12. 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,
Page 2 of 106
Regular City Commission - 14 Mar 2022
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 106
Page 4 of 106
i?rutlamattunof the
(titty of Qtlanttt i?izath
in Recognition of
Fletcher High School Girls Soccer Team
2022 State Champions
WHEREAS,in a valiant and history-making performance,the Fletcher High School girls soccer
team defeated Lourdes Academy 1-0 on February 25 in DeLand to win the Florida High School Athletic
Association(FHSAA)Class 6A championship;and
WHEREAS,the Senators’victory —buoyed by staunch team defense,a gritty goal by Angelina
Madera,and a hearty shutout performance by goalkeeper Taylor Sweat —produced the first Florida state
soccer championship by a Duval County public school;and
WHEREAS,Coach Bradley Plummer’s athletes’competitive ?re and unparalleled success is an
inspiration to us all to work tirelessly to pursue our wildest dreams;and
WHEREAS,Fletcher girls soccer in 2022 joins Fletcher’s boys basketball in 1954,girls
basketball in 1976,and volleyball in 1981as the school’s FHSAA champions in team ball sports.
NOW,THEREFORE,the City Commission of the City of Atlantic Beach expresses the City’s
heartfelt congratulations to the 2022 FHSAA State Champion Fletcher High School girls soccer team
and encourage the community to join us in honoring the players and coaches for this history-making
achievement.
IN WITNESS WHEREOF,I have set my
hand and caused the Of?cial Seal of the City
of Atlantic Beach to be af?xed this 14”‘day
of March,2022.Agenda Item #2.A.14 Mar 2022Page 5 of 106
Page 6 of 106
?ruclamatiunof the
Qtityof Qtlantir ?earb
in Recognition of
Government Finance ProfessionalsWeek
WHEREAS,the Florida Government Finance Of?cers Association (FGFOA)is a professional
association founded in 1937 and serves more than 3,300 professionals from state,county and city
governments,school districts,colleges and universities,special districts and private ?rms;and
WHEREAS,the FGFOA is dedicated to being the City of Atlantic Beach Finance Department’s
professional resource by providing opportunitiesthrough education,networking,leadershipand
information;and
WHEREAS,this Government Finance Professionals Week,sponsored by the FGFOA and all of
its member governmental organizations,is a weeklong series of activities aimed at recognizing
government ?nance professionals and the vital services that they provide to our state and our
community;and
WHEREAS,during this week,govermnent ?nance professionals throughout the State of Florida
will be acknowledged for their hard work,dedication and leadership.
NOW THEREFORE,1,Ellen Glasser,as Mayor,and on behalf of the City Commission,do
hereby proclaim March 14-18,2022,as Govermnent Finance Professionals Week in the City of Atlantic
Beach and extend our appreciationto all govermnent ?nance professionals throughout the state and here
in the City of Atlantic Beach for their hard work,dedication and leadership.
IN WITNESS WHEREOF,I have set my
hand and caused the Of?cial Seal of the City
of Atlantic Beach to be af?xed this 14”‘day
of March,2022.Agenda Item #2.B.14 Mar 2022Page 7 of 106
Page 8 of 106
AGENDA ITEIVI:
SUBNIITTED BY:
TODAY’S DATE:
MEETING DATE:
BACKGROUND :
BUDGET:
RECOMMENDATION :
ATTACHIVIENT:
REVIEVVED BY CITY IVIANAGER:
CITY OF ATLANTIC BEACH
CITY COl\’Il\/IISSION IVIEETING
STAFF REPORT
90-Day Calendar for the 1\/[ayor and Con-irnission
Yvonne Calverley,Executive Assistant to the City Manager E
l\/larch 1,2022
March 14,2022
The 90~day calendar is included on the agenda for the pur
pos
e
ofsetting
meeting dates and deterrnining the location,time and whether to
videotape special meetings and workshops.
The rolling 90—day calendar will be revised a?er receiving inp
ut
from
City staff and the Commission,and will be included in ea
ch
agend
a
for
consideration.
Notes:
-Dutton Island Preservation Dedication honoring the Dutt
on
IslandFive
will be held on Friday,l\/[arch 1 1 from 5:30 to 6:15 pin
-Appeal Hearings for 753 Atlantic Blvd and 1515 Beach are
scheduled for l\/Ionday,l\/larch 21 at 5:1 5 prn.
-A Town Hall l\/[eeting is scheduled for Saturday,April from10am
to Noon at the Gail Baker Center.
None
Approve the 90-Day Calendar for lviarch through l\/lay 2
0
2
2.1)l\/Iayor and Commission 90-Day Calendar (l\/larch throu
ghl\/[ay 2022)
‘VI L
L;Agenda Item #3.A.14 Mar 2022Page 9 of 106
MAYOR AND C0l\/[MISSION
March 2022
"xl l3\|>13 \‘1 ‘'I .<\11'1<1>vi’
6 7 8 9 Mayor's Advisory 10 1'1 12
CARAC Mtg Council Noon Preservation
Songwriters 6 pm Egg -me Dedication
Concert 6 pm Subcom 5:15 pm Ceremony
5:30to 6:15 pmm(Dutton Island)
13 14 15 16 17 18 19
Commission Mtg Community ESC Outreach
6:30 pm Development S“b6‘_$“‘:‘e°
(Invoc-Waters)Board Mtg 6 pm D
'P
~ue Date for .:/23
Agenda
20 21 22 23 24 25 :6
Appeal Hearings ESC LEED
Acoustic Night 5:15 pm Subcommittee
6 pm Meeting 11 am
(Bull Park)
27 2s 29 30 31
Commission Mtg
6:30 pm
(Invoc-Kelly)Due Date for
4/11 Agenda
Agenda Item #3.A.14 Mar 2022Page 10 of 106
MAYOR AND COMI\/HSSION
Apr112022
\\>l)\l >1)''l-Rll)A
1 2
Shakespeare in Shakespeare in
the Park the Park
7 pm 7 pm
3 4 5 6 T 8 9
Songwriters Arts in the Park
Concert 10 am
6 pm (Johansen Park)
10 11 12 13 May0r’s Advisory 1-1 15 16
Commission Mtg Egg Hunt
6:30 pm CARAC Mtg ESC T S b 10am to 1 pm
(Invoc-Norris)6 pm S185umwm Jordan Park
ESC Meeting 6 gm
17 18 19 20 21 22 23
Community Town Hall
Development ESC Outreach Meeting 10am
30331 5 Pm 6330Pm Baker Center
24 25 26 27 28 29 30
Commission Mtg ESC LEED
Acoustic Night 5;30 pm Subconunittee Due Date for 5/9
6 pm (Invoc-Glasser)11 3"‘Agenda
Agenda Item #3.A.14 Mar 2022Page 11 of 106
MAYOR AND COMJVIISSION
May 202
1 11IL Rm \1'
1 2 3 4 5 6 7
Songwriters Special Magistrate
Concert 6 pm Hearing 2 pm
8 9 10 11 Mayors Advisory 12 13 14
Council Noon
C01Tlm1551011Mtg CARAC Mtg ESC Tree gubwm Pension Board
6130Pm 6pm 5:15 pm 6:30pm
(lnvoc-Bole)ESC Mtg 6 m
15 16 17 18 19 20 21
__Community ESC Outreach
AC0‘-‘SUCNlghi Development Subcomminee
5 Pm Board Mtg 6:30 pm
(Bull Park)6 pm
22 23 2-1 25 26 27 28
Commission Mtg ESC LEED Annual Board and
6:30 pm Subcommiuee Committee Member
(lnvoc-Waters)11 am R°°eP?°“
(Adele Grage)
6:30 —8pm
29 30 31
Memorial Day
City Offices
Closed
Agenda Item #3.A.14 Mar 2022Page 12 of 106
CITY OF‘ATLANTIC BEACH
CITY COIVIIVIISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution No.22-21 authorizing Design and Engineering for
Drainage lrrlproverncnts in the Mal-y Street Area
SUBNIITTED BY:Scott \X/illiarrls,Public V‘/orks Director
TODAY’S DATE:l\/larch I,2022
I\/IEETING DATE:l\/larch I4,2022
BACI(GROUND:Staff received a Scope &Fee Proposal Frorn Hanson Professional Ser
vic
es
in
the amount of‘$71,889.53,This Proposal is to provide professional design and engineering ser
vi
ce
s
for
drainage in1proven1enl;s in the l\/Iary street area.The project area is bounded by Main Street tothewest,
l\/lealy Street to the east,Stewart to the south and Dutton Island Road to the north,
This area was identi?ed in the 2018 storrnwater Nlaster Plan update as an area subject toFrequen
tnuisancerloodingandpoordrainage.The City applied For and received Phase I Hazard Miti
gati
onGrantProgramFundingthroughFEMAforthiseffortandFEMAwillreimbursetheCityfor75%or
the design and engineering project cost (Hl\/[GP contract attached).
The tasks included in Scope &Fee Proposal include hydrologie and hydraulic modeling,pr
ep
ara
tio
n
of‘construction plans and speci?cations.survey services,subsurface utility engineering andcost
estirnating.Further details are outlined in the Scope &Fee Proposal (a1.tacl'led)frHanson
Professional Services,dated January 7,2022.
The City has a Professional Engineering Services Agreernel1t with Hanson Professional and
this scope or work would be Task Authorization No.RFQ20~0 l —HPS—TA#3 under said A
gr
e
e
BUDGET:Funds are budgeted in the Storrnwater account 470-0000-538~6300 project
number SW2201,
RECOMMENDATION:Approve Resolution No.22-21 authorizing staff to is
s
ue
aTask
Authorization to Hanson Professional Services in the arnotlnt ol'$7 l ,889.53 fordrainage ir
n
p
r
o
v
el
n
e
nts
in the Mary Street area as described in the Scope &Fee Proposal ?‘on'|Hanson Professional Service
sdatedJanuary7,2022.
ATTACHMENT:1)Resolution No.22»2l
2)HMGP contract DR—4468—014-R
3)Proposal from ressioiial Services dated January 7,
,.
REVIEWED BY CITY MANAGER:—é"|v&'-s.Agenda Item #7.A.14 Mar 2022Page 13 of 106
RESOLUTION NO.22-21
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AUTHORIZING
STAFF TO ISSUE A TASK AUTHORIZATION TO HANSON PROFESSIONAL
SERVICES FOR DESIGN AND ENGINEERING SERVICES FOR DRAINAGE
IMPROVEMENTS IN THE MARY STREET AREA;AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN
ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS
OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,on January 7,2022,staff received a scope and fee proposal from Hanson Professional
Services in the amount of $71,889.53 to provide professional design and engineering services for drainage
improvementsin the Mary Street area;and
WHEREAS,this design and engineeringeffort is intended to provide the City with a biddableset of plans
and speci?cations for improving drainage in the Mary Street area,and an opinion of probablecosts;and
WHEREAS,the tasks included in the Scope &Fee proposal includehydrologicand hydraulic modeling,
preparation of construction plans and specifications,survey services,subsurface utility engineering and cost
estimating;and
WHEREAS,the City will be reimbursed through HMGP Grant Contract DR-4468-014-R for 75%of the
design and engineeringservices;and
WHEREAS,the City has a Professional Engineering Services Agreement with Hanson Professional
Services,and this scope of work would be Task Authorization No.RFQ20-01-HPS-TA#3under said agreement;
and
WHEREAS,funds for this design are budgeted in the Stormwater account 470-000~538-6300under
project number SW220 l.
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 City Manager to execute Task Authorization
No.RFQ20-01-HPS-TA#3with Hanson Professional Services in the amount of $71,889.53 for the design and
engineering of drainage improvements in the Mary Street area as described in Hanson ProfessionalServices Scope
and Fee proposaldated January 7,2022,and;
SECTION 2.The City Commission hereby authorizes the City Manager to approve a Purchase Order to
Hanson Professional Services inthe amount of $71,889.53 for said Task Authorization.
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 14“‘day of March,2022.
Ellen Glasser,MayorAttest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #7.A.14 Mar 2022Page 14 of 106
January 7,2022
Mr.Steve Swann,PE
City Engineer
City of Atlantic Beach
800 Seminole Road
AtlanticBeach,Florida 32233
Re:Mary Street Drainage improvements (Final Design)
Subject:Scope &Fee Proposal
Dear Mr.Swann:
Hanson Professional Services (Consultant)is pleased to present our scope of services and fee
proposal forthis project.This scope of work is to provide professional engineering services for
drainage improvements in the Mary Street area by increasing the hydraulic connectivity of the
stormwater system.
General Objective
The general objective of this scope is to provide a final design along with an opinion of probable
construction cost to improve the drainage of the Mary Street area between Dutton island Road
West and Mary Street to the intersection of Mary Street and Stewart Street,see project area
shown on ExhibitA.The project shall be designed to provide protection to private homes and
the road against a 100-year storm event.
Project Description
The improvements underthis project willbe limitedto the project area shown on Exhibit A.Per
the COAB November 2018 Stormwater Master Plan anticipated improvements consist of
replacing drainage structures/pipes,installing new drainage structures/pipes,and improving
swales.No roadway improvements willbe designed such as curb and gutter.Roadway work
willonly consist of pavement patches where new pipes cross existing roadways or driveways.
1of4 Agenda Item #7.A.14 Mar 2022Page 15 of 106
Scope of Services
The Scope of Services for this project involves the following tasks:
Phase I —Data ReviewlCo|lection
Survey
Survey services willbe provided to include:
1.The right of way limitsfor the proposed project limits.
2.Above ground improvements including but not limitedto,above ground
utilities such as water meters/valves,sewer valves,manholes and pipe
direction withelevation,power poles,Etc.
Stormwater and sewer manholes inverts and pipe sizes.
Edge of pavements and concrete improvements in the right of way.
Topography for the project limitswithinthe public right of ways.A minimum of
a cross section for every 100’of right of way shall be surveyed to create the
project topography.
Trees withinthe project right of way.
Data shall be provided digitallyand,(1)signed &sealed black-line plotted
hard copies of the data.
NP‘.°‘:'°‘.°°
Phase II—Design and Permitting
Drainage Design I Plans Production
Design phase services willinclude the preparation of 50%and final construction plans
for the drainage improvements and pavement impacted by the drainage improvements.
(a)
(b)
Drainage Design/Analysis.The Consultant willdevelop an existing drainage map
and perform drainage calculations to verify the proposed improvements willprovide
improvement for the 100-year storm event.It should be noted that this scope of
services is based on improvements limited to the project area shown in Exhibit A
and the ability to provide a positive outfall by connecting to the existing drainage
system at the southwest comer of the Dutton Island Road West and Main Street
intersection.Minimalanalysis willbe performed to rule out the option of using the
existing ditch east of Mary Street as an outfall for the improvements.Ifa positive
outfall can not be provided to the west as described above additional scope of
services willbe negotiated for services to assess an altemate outfall.
Plans.This effort willinclude finalizing plan sheets sufficient for construction of the
proposed improvements.The index of drawings for the plan set willgenerally
include,but not necessarily be limited to the following:
Key Sheet
General Notes
Roadway/Drainage PlanPipeProfile.Cross SectionsTrafficControl Plan/NotesErosion&Sedimentation Control Notes/Details"'iCD.‘1.F“.U.0P7.>Where applicable,information may be combined on drawing sheets.2of4 Agenda Item #7.A.14 Mar 2022Page 16 of 106
Geotechnical Services
Geotechnical services willnot be included as part of this scope of services.
Permitting Requirements
The Consultant willcoordinate with SJRWMD to obtain confirmationthe project qualifies
as an exemption.iffor some reason the project does not qualify for an exemption and
results in additional work to obtain the required permit the Consultant reserves the right
to negotiate the additionaleffort required to permit the project under a separate scope of
services.
Project Submittal Requirements
50%Design Plans:Four (4)sets of half-sized (11"x 17")drawings willbe furnished to
the City for review and comment.Design documentation with calculations and an
opinion of probable cost willbe provided along withthe design plans.The plans willbe
reviewed by the City and written comments willbe provided.The City willprovide written
review comments withintwo (2)weeks from submittal.
Final Signed and Sealed Design Plans:Four (4)sets of half-sized (11”x 17”)drawings
willbe furnished to the City for review and comment.Design documentation with
calculations and an opinion of probable cost willbe provided along withthe design plans.
Draft Bid Documents and Project Specifications using City standard format willbe
included inthis submittal.The plans willbe reviewed by the City and written comments
willbe provided.The City willprovide written review comments within two (2)weeks from
submittal.Agreed upon revisions willbe made and revised signed and sealed plans,Bid
Documents,and Specifications willbe issued.
Utility Coordination
The Consultant willcontact the utilityowners withinthe project limitsand submit
preliminary plans to confirm existing facilities and identify utilityimpacts anticipated by
the proposed improvements.The Consultant willsubmit final plans to confirmldocument
existing facility conflicts and address relocation requirements.
Subsurface Utility Engineering
Consultant willprovide up to one day of soft digs (VVHtest holes)for utilitiesto
determine existing horizontal and vertical locations as needed to aid in con?ict
resolutions.This effort willinclude non-destructive locating (WH test holes)of existing
subsurface utilitiesto be identified by the engineer and survey of the utilitylocating.
Landscape DesignlPlans
Landscape design/plans associated with replacement of landscaping/trees being
removed to accommodate the drainage improvements are not included as part of this
scope.
Consultantrelayanydesign information necessary to convey the intent of the plans.Consultant willconduct a pre-application phone meeting with SJRWMD staff to discussrequestforexemption.Consultant willschedule Final plan review meeting to discuss review comments andrelayanydesigninformationnecessarytoconveytheintentoftheplans.3of4 Agenda Item #7.A.14 Mar 2022Page 17 of 106
Time Schedule
Withinten (10)days after Notice to Proceed (NTP),Consultant willupdate the schedule
provided with actual dates based on the NTP date.The schedule willfollow the outline below.
Receive NTP
Data Collection and Survey Within30 days after NTP
Submit 50%Plans 90 days after completion of survey
50%Plans Review Comments (City)14 days after 50%Plans Submittal
50%Plans Review Meeting Within 10 days after receipt of City Comments
Submit Draft Final Plans 60 days after 50%Plans Review Meeting
Draft Final Plans Review Comments (City)14 days after 50%Plans Submittal
Draft Final Plans Review Meeting Within 10 days after receipt of City Comments
Submit Final Documents 21 days after 50%Plans Review Meeting
Fee
Consultant willcomplete the scope of services described herein for a total lump sum amount of
$71,889.53,as detailed in Exhibit B.
Phase II—Construction Administration
lf Phase IIis authorized by the City,the specific construction administration services to be
provided by the Consultant during the period of construction willbe negotiated under a separate
contract/scope of services.
4of4 Agenda Item #7.A.14 Mar 2022Page 18 of 106
GoqglgEarth Agenda Item #7.A.14 Mar 2022Page 19 of 106
EXHIBITB
CONTRACTFEE SUMMARY
MARYSTREET DRAINAGEIMPROVEMENTS
.f%i:PARI:if=éGENERAl;;0 ’
2.Proposal Number
NA1.Project Phase
En ineering Design (Final Plans)
3.Consultant Name
Hanson Professional Servic s
4.Date of Proposal
1/7/2022
A (DirectLabor Estimated
Hours Cost TOTALS
Sr.Project Manager $50‘$4,164.89
Sr.Engineer 35 .76 $5,469.41
Engineer $45.00 181 $8,139.24
Sr.Designer $54.00 0 $-
$36 00 68 $2,448.00
$$
Designer .
Clerical 28.00 6 168.00
Total Direct Labor 380 $20,389.54
6.Overhead (Combined Fringe Benefit &Administrative)
Overhead Rate 150%xTota|Direct Labor $30,584.30
7.Subtotal:Labor +Overhead (items 5 &6)$50,973.84
8.Profit:Labor Related Costs |tem7 X 10%
55 5 55 55 ‘1BART;liIéDTHERCOSTS;55 5
9.Miscellaneous Direct Costs
MISCELLANEOUSDIRECTCOSTS SUBTOTAL $171 .00,
10.SubcontractslMiscellaneous Other (Lump Sum)
IMECivil&Surveying,LLC(SurveyingServices)$7,800.00
$-
3 _
SUBCONTRACTS/MISCELLANEOUSOTHER(LUMP SUM)SUBTOTAL $7,800.00
TOTAL LUMPSUMAMOUNT(Items 5,6,8,9,and 10)2 22
T2ue (Subsurface UtilityEngineering Services)$7,847.315;-TOTALREIMBURSABLECOSTS)’N V W W (V“SUMMARY.5 r 5 5 55 5TOTALAMOUNTOFCONTRACT(Lump Sum plus Reimbursables)(Items 5,6,8,9,10,11)4 $71,889.53 Agenda Item #7.A.14 Mar 2022Page 20 of 106
PRIME CONSULTANT
ESTIMATE OF WORK EFFORT AND FEE
FINALPLANS PREPARATION
CONSULTANT:Hanson ProfessionalServices PROJECT NAME:MARYSTREETDRAINAGEIMPROVEMENTS
RFP NUMBER:NA FROM:DUTTONISLANDRDWEST TO:STEWARTSTREH
ESTIMATORNAME]DATE:BrianMcKee,PE 1/7/2022 PROJECT LENGTH:1,400 LinealFeel
Sr.Project Manager Sr.Engineer Engineer Sr.Designer Designer Clerical TOTAL SALARY
ACTWITY RATE =S 84.00 RATE =S 72.00 RATE =5 45.00 RATE =5 54.00 RATE =5 36.00 RATE=S 28.00 HOURS COST
STAFF LABOR STAFF LABOR STAFF LABOR STAFF LABOR STAFF LABOR STAFF LABOR BY BY
HOURS COST HOURS COST HOURS COST HOURS COST FHOURSCOST HOURS COST ACTIVITY AC11VlTY
GeneralProject Tasks 17 $1,461.50 12 $835.20 23 $1,044.00 0 $-0 $-6 $168.00 58 $3,508.80
Task 1-Drainage Analysis 18 $1,487.64 35 $2,550.24 71 $3,187.80 0 $—53 $1,908.00 0 $-177 $9,133.68
Task 2—Drainage Plans 14 $1,215.65 29 $2,083.97
R
87 LS 3,907.44 0 $—15 $540.00 0 $-145 $7,747.06
50 5 4,164.89 76 S 5,469.41 181 S 8,139.24 0 S -68 5 2,448.00 6 S 168.00 380 S 20,389.54
PROJECT TOTALS 50 $4,164.89 76 5 5,469.41 181 5 8,139.24 0 S -68 S 2,448.00 6 S 168.00 380 $20,389.54
Agenda Item #7.A.14 Mar 2022Page 21 of 106
STAFF HOUR SUMMARY
CONSULTANTNAME:Hanson Professional Services PROJECT NAME:MARYSTREET DRAINAGE
ESTIMATORNAME:Brian McKee,PE IMPROVEMENTS
DATE:1/7/2022
TASK TOTAL
I NO.I TASKS HOURST COMMENTS
0.0 General Project Tasks
Totalsg i
A Totalsugm,..;~.1~~,_,T 2
Task 2 -Drainage Plans
Task 1 -Drainage
A A V V
‘TOTALS:Agenda Item #7.A.14 Mar 2022Page 22 of 106
GENERAL PROJECT TASKS
cousuunm NAME:Hansun Professional Servioes PROJECT NAME:MARY smear DRAINAGEIMPROVEMENTS
ESTIMATOR NAMEZ Brian MEKE€,PE
DATE:1/7/2022
TASK unrrs NO.OF HRS PER TOTAL
No_TASKS UNITS UNIT HOURS COMMENTS
0.”General TBSKS
0.1 Speci?cations Package L5 1 40 40 Biddocslspets
0.2 Monthly Progress Reports L5 1 no 10 Progress Reports included with invoicing and initialproject setup
0.:Meelings L5 1 a 5 See Listing Below
0.33 Phase Reviews EA 2 4 a 50%Plans a.Draft FinalPlans (2 people)
TOTALS 53
Agenda Item #7.A.14 Mar 2022Page 23 of 106
DRAINAGE ANALYSIS
CONSULTANT NAME:Hanson Proissional Services PROJECT NAME:MARYSTREET DRAINAGEIMPROVEMENTS
ES‘l1MATORNAME:Brian McKee.PE
DATE:1/7/2022
125:;
1.0 Analysis
1.1 Drainage Analysis L5 1 BO 80 ?nalize modevcalculatinns.storm drain calcs
1.2 Design Documentation Repun L5 1 1a 16 Finalize project Design Criteria.Drainage calcs and documemalion forSJRWMD permit
exemgtion and coardinalion with Master Plan.Documentation for HMGF‘requirements
1.3 Project Quantities Ls 1 3 e 50%SiFinalOPCC (Bhrs each)
1.4 Cost Estimate LS 1 8 8 50%&FinalOPCC (4hrs each)
1.5 UtilityCoordination LS 1 40 40
1.5 Permit Apglicalians L5 1 1 1 Coordinationto con?rm permit exemption
1.7 FieldReviews Ls 1 a 3 2 @ 2 hrs each and 2 people
Analysis summai 151
1.3 OuahtyAssuranceIQuality conimi LS %5%3
1.9 Supervision LS %3°/.5
Caordinalion LS %2%2
Analysis Nontechnical Subtotal 16
TOTALS 177
Agenda Item #7.A.14 Mar 2022Page 24 of 106
DRAINAGE PLANS
cousuummNAME:Hanson Pmfessiunal seams PROJECT NAME:MARYsmear DRAINAGEIMPROVEMENTS
ESTIMATORNAME:BrianMcKee,PE
DATE:1/7/21:22
TASK unns no or 1-msPER NO.or TOTAL
NO.TASKS uuns UNIT SHEETS HOURS °°”'"'E'"$
2.0 "EH5
2.1 Han‘zcntaWert'1<:alMasier Design File LS 1 an o 40
22 Cross secuonMaster Design File Ls 1 24 o 24
2.3 Key Shea Sheet 1 1 1 1
2.4 GENES]N015 Sheet 1 1 T 1
2.5 Typical Section Sheets Sheet 1 a 1 5 MarySt and Stewart s1
2.6 PIMBC1LZYDUI Sheet 1 1 1 1
2.7 Plan Sheets Shae!6 2 5 12
2.3 Pipe Pro?le Sheet 5 2 s 12
2.9 Spedal DSIBHS Sheet 1 E 1 5
2110 Cross Seaions EA 32 0.25 a a
2.11 Traf?c comm:Plan/Nukes Sheet 1 1 1 1
Z12 EfDSiOl'I5 Sediment Control DEEHS/NDICS Sheet 6 1 6 6
2,13 UtililyAdJ_US?'Y\&MShea:ShBE|5 2 5 12
Plans Subtotal 25 134
2.14 ouamyAssuranoeluuahty comm:Ls °/..5-/,7
2.15 Supervision LS =1,3%4
TOTALS 145
Agenda Item #7.A.14 Mar 2022Page 25 of 106
MISCELLANEOUSDIRECT COST
CONSULTANTNAME:Hanson Professional Services PROJECT NAME:MARYSTREET DRAINAGE IMPROVEMENTS
ESTIMATOR NAME:Brian McKee,PE
DATE:1/7/2022
ITEMDESCRIPTION COMMENTS
Drafting Medium:(Original Reproducibles)
0 sets 0 Sheets @ $50.00 Per Sheet=
0 sets 0 Sheets @ $1.00 Per Sheet =
Reproduction (Blue Line&Sepias)
Blue Line Mvlars Photocopy
Public Meeting Copies 0 0
50%Plans 0 4 Sets plans (25 Sheet Plan Set)and check prints
100%Plans 0
Final Plans 0
Design Docs &Calcs 0
Total Sheets 0
Blue Line 0
Sepia 0
Photocopy 350
Travel From:[Consultant Of?ce Location]
To Project:#Trips
Transport.1 x 20 .$12.00 Field Review
To City Offices:#Trips
Transport.2 X .$24.00 Phase Review Meeting
To Other:#Trips
Transport.1 0 miles X
Deliveries @ $0.76 Each
SJRWMD Permit Determination $100.00 Con?rm Exemption
TOTAL MISC DIRECT COSTS Agenda Item #7.A.14 Mar 2022Page 26 of 106
&311S
tat
eRoa
d1
6
st.Augustine,Flor
ida
32084
Phone:904-
429
-776
4
I Mole Imc||.I:orh
w?
w
imec‘g¥'|.:um
,o’I'>'ii'r i'..-ll .\4.‘I’-’i
January 3"‘.2022
Ann:Justin Dewey
Subject:Route survey for I\/lary st
This is to confirm your request for route surveying services for the subject streets as follows:Mary St.St
e
St,Button
Island Rl-.1 w,Main st.Containing approximately 1950'
IME civil &§ui;veging,LLC (IIVIE)—surveying &Drafting scope of services
IIVIE will provide A route survey services for the above mentioned project area.Which will include the followi
ng:
i.The right ofway limits ror the proposed project nils above.
Above ground improvements including but no:mired to,above ground utilities such as wat
er
rneter
s/
valves.
sewer valves,manholes and pipe eiiree on with elevation,power poles.late.
3 stornnvvarer and sewer manholes inverts and pipe sizes.
4.Edge or pavements and concrete in"ipI'aven'lerits in the right orvvay.
s Topography for lhe project limils within the public right of ways.A minimum ore eross sectio
n
ForeverylDD'
or right ofway shal|be surveyed to create the project topography.
6.Trees within the project right orway.
7.The Topographic Route Survey shall be mapped in AULDCAD.A survey showing the right of topograp
hy.and above ground improvements will be provided at a minimum of a 1":20'scale plan.Data s
h
al
l
beprovided
digitally anti,(1)signed EL sealed black-line plotted hard copies of the data.
8.There is a total or 195a‘within the project limits that require a route survey,this number shall beusedtoquote
theiob on a per foot basis.
9.IME to coordinate with Hanson to meet on site to verify all field data needed to be collected Hanson.
Price per linear fool ......................................$4/LF
Total Price for Route Survey ...s.......
$7,8l10.
00
Payments
for services shall be check or credit card pa d oniine inv e.Payment shall be due and payable upon receipt
ofinvoice.In
the event of default.it is understood that you are liable For all cost incurred far collection,which shall Includebutnotlimited
to court costs and/cir attorney's fees.
Thank you for the opportunity to prcv|de these professional survey services.irthere are any questions,pleas
e
eionothesitate
to contact me.Please sign this copy and return by email.
sincerely,
Brandon Shugart,PSIVI,Principal
The above agreerrienl:is hereby acknowledged and l|'\/IE Civil and Surveying,LLC is authorize
d
toproceed
with the above requested work.
Signed:Title:Date:Agenda Item #7.A.14 Mar 2022Page 27 of 106
Q
T
Z
utililv
en
gin
eer
s
January 6,2022
lvlr‘Brian “’|cKee'FEE.
UlililyEngineers
Hanson Professional services,inc.SWSpem’Cu“
r‘au75 Gate Parkway west.suite 204 106
Jacksonville,Florida 3221 s city.FL32024
3367552625
3667552507
RE:Subsurface Utility Engineering Services for City of Atlantic Eeacn,Mary street
Duval County Florida.
Dear Nlr.McKee,
T2 utility Engineers is pleased to provide you this proposal for Professional Subsurface utility Engin
eering
services
for the above referenced city of Atlantic Beach project.our fee will be based on the attached scope ofservice
s
and
the project limits as shown on Attachment “A”.
For this T2 Utility Engineers will provide the following surveying Services:
>NonvDestruc!ive Lccaiing (VVH Test Ho/es)of Existing Subsurface uii/mes
2»Survey of the utility Locating
All survey‘g s rv'ces be erformed in accordance wllh the Sfarldaltl of Practice for SLlrVeVI'I7Cl_al7d Mappina
Ride 5J—17 Flog da Adrri (re!(9 Code.
our fee,based on the ett hed scope of services and project limits as shown on Attachment '‘A'Is v
a
l
i
d
foraperiod
of so days from the date of this proposal.our proposal includes all office and ?eld support.mo iizetion,
equipment
and materials necessary to parforrh the work described within the attached scoped or services.
Subsurfacs Utility Engineering Fees.-
-,Non—Des|‘ructive Locating (VVH Test Holes)—$7,347.31
T2 utility Engineers committed to diligently working to complete this project in a timely manner,willrequire
close coordination between Hanson and T2 utility Engineers.as well as our receiving a timely wennoticeto
proceed and sub consultant agreement from Hanson with terrrls and conditions acceptable to T2 Engineers.
we look rorward to working with you on this very important project.After reviewing this proposal.s
h
ou
l
d
youhave
any further questions or need additional information.please feel free to contact us.
Kind Regards.
Daryl Thie.PLS
Vice President —Southern US
T2 Utility Engineers
22-FN4366
Agenda Item #7.A.14 Mar 2022Page 28 of 106
Scope of Services %
G'1-
Zuii
“V
engineers
Subsurface Ul;ity Engineering
FOR
Hanson Professional Services,Inc.
City of Atlantic Beach,Mary Street
Duval County,Florida
Project Limits:
Overall limits for the Subsurface Ut y Engineering investigation are shown on Atiachrrlent‘"A”.The
Engineer of Record (EOR)will dentify exact locations during design.
Scope of Services:
Survey:
‘»Recover existing horizontal and vertical control to be provided by Hanson via th
eir
surve
yor
for
this project.Horizontal control is to be on Florida State Plane Coordinate Systems Flori
da
East
Zone with Vertical control being based on NAVD 88 datum.
>-v Survey of the non—destructive locating
Subsurface Utility Engineering Investigation:
3'»T2ue will provide subsurface utility designating,marking on the surface th
e
appro
ximat
ehorizontallocationofselectexistingsubsurfaceutilitiesinordertoperform
locating (VVH Test Holes)on those utilities as identified by the EOR.
X»By selecting the appropriate electromagnetic andlor geophysical prospecting equ
ip
me
nt
to
include transrnitterlreceiver combinations along with Ground Penetrating Radar (T2uewill
Designate (detect and mark)the subsurface utility mains approximate horizontal po
si
ti
o
n
onthe
surface using paint or flags as appropriate based on the field conditions and safety co
nsi
de
rat
io
n.
>’T2ue will provide non—destructive Locating (VVH Test Holes)to visually verify th
e
size,color,
material compos n,configuration,orientation and depth of the subsurface utiliti
es
asidentified
by the EOR.Note.One Day of VVH effort is included for this task
r In performing the Locating (VVH Test Holes)‘T2ue will neatly cut and remove exi
sting
pavement
or other surface material (not to exceed two hundred twenty—five (225)square inches
percut).We
will then excavate the material through the cut down to the utility in a way that prevents
any
damage to wrappings.coatings,tracer wires or other protective coverings of th
e
utility(ire.,
vacuumlpressure excavations.hand digging.etc.).
£3 Section 1 :Scope of Services 22-FN—O66 Learn more atT2ue.corn|Page1
Agenda Item #7.A.14 Mar 2022Page 29 of 106
Scope of Services “
ti
n
”
engineers
>Upon obtaining necessary measurements on the subsurface utility,T2ue will the
n
backfilland
compact with select material around the utility and provide a restoration of the surfac
e
paveme
nt.within the limits of the Cut at the tirne of the back—-fill In the event the excavation isinanarea
other than roadway pavements.the disturbed area VVI I be restored to its original co
n
di
ti
o
n
priorto
the excavation.
‘-5-T2ue will place a suitable semi—permanent above ground markers (i.e.,PK nails,s
te
e
l
rods,etc.).
on the surface directly above the centerline of the subsurface ut y being located.hubs
or stakes are not sufficient for this activ .Upon completion of the test hole,clean—upwillbedone
on the work site to equal or better cond on than before the excavation began.
>NOTE:T2ue does not guarantee that we will be able to perform VVH test ho
l
es
onevery
utility,due to:water table depth,soil conditions,utility depth,truck a
c
ce
s
s,
safety
considerations and other access obstructions.
Locating (VVH Test Hole)Deliverablesz
r"T2ue's field crew will complete “Locating“form(s)utilizing field stationing andlor tiesfrom
existing features to show the locations of all Locating (VVH Test Holes)performed‘Thelocating
form will include depth,orientation,color,mate I type and size of the utility w
h
en
conditionsallow.The Locating forrrl will be put into a digital excel and Cad format and asthe
Subsurface Utility Engineering Locating deliverable.
Note:
T2ua will not provide Locating (VVH Test Holes)at locations known to have hazardousmaterials
or soils as this can damage our equipment and pose a safety hazard to our as
s
o
ci
at
es
.
Ifa
hazardous material or soil is detected,T2ue Will immediately stop any excavation andnotify
client.T2ue Will not be responsible for any Hazardous material cleanup.
Schedule of Services:
2-In order to complete these services in a timely manner,T2ue will work with Hanson todetermine
a schedule that best meets your schedule.Prior to T2ue starting any of the required
fieldwork,
Hanson will need to provide a sub consultant agreement and Written Notice to P
r
o
c
e
e
d
toTzue
with terms and conditions acceptable to T2ue.
§Section 1:scope of Services 22»FN-O55 Learn more atT2ue.
com
|Page2
Agenda Item #7.A.14 Mar 2022Page 30 of 106
.,Survey from southem
EOP m 10 FT bcymudggwuzhemR‘\V on Duuon
'and Rd
FT cast of
uI\crr cr0<.<1IIg
nd at nonh edge of
‘"mgume\\'.1y
Agenda Item #7.A.14 Mar 2022Page 31 of 106
MANAGEMENT
Kevineumria
Director
DIVISION
Ron De-Santls
Governor
November 1 O,2021
Steve Swann
City Engineer
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,Florida 32233
Project Number:4468-014-R,City of Atlantic Beach,Mary Street,Re:
Drainage —Phase 1
Dear Mr.Swann:
Enclosed is the executed Hazard Mitigation Grant Program (HMGP)contract
number H0732 betvveen the City of Atlantic Beach and the Division of Emergency
Management.
Please email all Requests for Reimbursement (Attachment D)to the project
manager at Jamela.Reeves@em.:~n¥fIorida.con1.The Project Manager for this c
o
n
t
r
a
c
t
is:
Jamela Reeves,Project Manager
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399
If you have any specific questions regarding the contract or the Request
Reimbursement form.please contact Jamela Reeves at (850)815-4550.
Respectfully.
Laura
Dhuwe
Miles E.Anderson
Bureau Chief.Mitigation
State Hazard Mitigation Officer
for
Enclosure
:7 n v n s n o N n 2 A n o u A R 1-2 n s 'T'e|3p|1o|-13;350.315.4005 swan-2 LOGISTICS RESPONSE
CENTER
»v,~»m_.?o.«1.1ag,,—.$s_ug.a.g 27:22 Director:RowOrlando.FL 32305-
5531
2555 Shurnnrd Oak Eculev-rdTallahassee.Fl.31392-2100
Agenda Item #7.A.14 Mar 2022Page 32 of 106
Agreement Number:H0732
Project Number:4468-01 4-R
FEDERALLY—FlJNDED SUBAVVARD AND GRANT AGREENIENT
2 C.F.R.§2oo.1 states that a "subaward may be provided through any form of legal agreeme
nt,including an agreement that the pass—tnrougn entity considers a contract."
As defined by 2 c.F,R.§2oo.1_“pass—through entity"means "a non-Federal entity that providesa
subaward to a subrecipient to carry out pan of a Federal prograrrl."
As defined by 2 C.F.R.§2oo.1,"Sub—Recipierll"means "an entity.usually but not limited torIon~es tnat receives a subaward from a pass-through entity to carry out part of a Feder
alFederalen
program,"
As denned by 2 C.F.R.§2oo.1.“Federal award"means "Federal financial assistance that non»
Federal entity receives directly from a Federal awarding agency or indirectly from a pass—lhrough entity.
"
As defined by 2 C.F.R.§200.1,"subavt/erd"means "an award provided by a passrthrough toa
SLlb—Recipier1t for the Sub-Recipient to carry out part of a Federa!award received by the pass-
throughentity."
The following information is provided pursuant to 2 C.F.R.§200.332:
Su|:l—ReCipient's name:City of Atlantic Beach
Sub--Recipient's unique entity Identifier (FEIN):59-5000267
Federal Award Identification Number (FAIN):FEIVIA-DR-4468-FL
Federal Award Date:August 17 2021
Upon execution through November
30,
Subaward Period of Performance Start and End Date:2022
Amount of Federal Funds Obligated by this Agreement:$57 447.25
Total Amount of Federal Funds Obligated to the Sub—Recipient
by the pass—through entity to include this Agreement:$59 327.95
Total Amount of the Federal Award committed to the Sub-
Recipient by the pass—throLlgh entity $59 327.96
Federal award project description (see FFATA):Drains e
Name of Federal awarding agency:Federal Emergency Management Agency
Name of pass—through entity:FL Division of Emergency Ma
nagem
ent
contact information for the pass—through entity:Jameia Reeves@em.mynorida.corn
catalog of Federal Domestic Assistance (CFDA)Number and
Name:97.039 Hazard Mltigation Gran
t ProgramWhethertheawardisR&D:N/A
Indirect cost rate for the Federal award:N/A
Agenda Item #7.A.14 Mar 2022Page 33 of 106
THIS AGREEMENT is entered into by the State of Florida,Divisionof Emergency Management,
with headquarters in Tallahassee,Florida (hereinafter referred to as the "Division"),and City of Atlantic
Beach,(hereinafter referred to as the "Sub-Recipient").
For the purposes of this Agreement,the Division serves as the pass-through entity for a Federal
award,and the Sub-Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTEREDINTOBASED ON THE FOLLOWING REPRESENTATIONS:
A.The Sub~Recipient represents that it is fullyqualified and eligible to receive these grant funds
to provide the services identi?ed herein;
B.The State of Florida received these grant funds from the Federal government,and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below;and,
C.The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE,the Division and the Sub-Recipient agree to the following:
(1)APPLICATIONOF STATE LAWTO THIS AGREEMENT
2 C.F.R.§200.302(a)provides:“Each state must expend and account for the Federal
award in accordance with state laws and procedures for expending and accounting for the state's own
funds."Therefore,section 215.971,Florida Statutes,entitled “Agreements funded withfederal or state
assistance”,applies to this Agreement.
(2)LAWS RULES REGULATIONSANDPOLICIES
a.The Sub-Recipient's performance underthis Agreement is subject to 2 C.F.R.Part
200,entitled “UniformAdministrativeRequirements,Cost Principies,and Audit Requirements for Federal
Awards.”
b.As required by section 215.971(1),Florida Statutes,this Agreement includes:
i.A provision specifying a scope of work that clearly establishes the tasks that
the Sub-Recipient is required to perform.
ii.A provision dividingthe agreement into quantifiable units of deliverables that
must be received and accepted inwriting by the Divisionbefore payment.Each deliverable must be
directly related to the scope of work and specify the required minimumlevel of service to be performed
and the criteriafor evaluating the successful completion of each deliverable.
Recipient to iv.A provision specifying that the Sub-Recipient may expend funds only forallowablecostsresultingfromobligationsincurredduringthespecifiedagreementperiod.v.A provision specifying that any balance of unobligated funds which has beenadvancedorpaidmustberefundedtotheDivision.2 Agenda Item #7.A.14 Mar 2022Page 34 of 106
vi.A provision specifying that any funds paid in excess of the amount towhich
the Sub-RecIpIertt is entitled under the terms and conditions of the agreement must be refunded tothe
Division.
e.In addition to the foregoing,the suo—Reeiplent and the Division shall be governed
by
a_li applicable state and Federal laws.rules and regulations.including those identified in Attachm
ent
B.
Any express reference in this Agreement to a particular statute.rule.or regulation in no way i that
no other statute,rule.or regulation applies.
(3)CONTACT
a.in accordance with section 215.971(2).Florida statutes.the Division's GrantManagershallberesponsibleforenforcingperformanceorthisAgreement-s terms and conditionsand
shall serve as the Division's liaison with the suo—Recipient.As part of his/her duties,the Grant Manager
for the Division shall:
i.Monitor and document Sub—Recipient performance;and,
ii.Review and document all deliverables for which the Sub—Recipient req
ues
tspayment.
b.The Division‘s Grant Manager for this Agreement is:
Jamela Reeves,M.B.A.
Project Manager
Bureau of Mitigation
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee.Florida 32399
Telephone:B50»815—4540
Email:Jamela.Reeves ein.m fIDrIda.conI
The Division's Alternate erant Manager for this Agreement is:
Kathleen Marshall
community Program Manager
Bureau or Mitigation
Florida Division of Emergency Management
2555 shumard Oak Boulevard
Tallahassee.FL 32399
Telephone:550-515-4503
Email:l<athleen.Marshalt@ern.myrlorida.oom
Agenda Item #7.A.14 Mar 2022Page 35 of 106
1 .The |'l3l'l"\e and address of the Representative of the Sub-Recipient responsible for the
administration of this Agreement is:
Steve Swann
City Engineer
City of Atlantic Beach
800 Seminole Road
Atlantic Beach.Florida 32233
Telephone:904—247»5874
Ernail:ss nn coab.us
2.in the event that different representatives or addresses are designated by either party a
f
t
e
r
execution of this Agreement.notice of the name.titie and address of the new representative will
be provided to the other party.
(4)TERMS AND GONDIT QNS
This Agreement contains all the terms and conditions agreed upon by the parti
es.
(5)EXECUTION
This Agreement may be executed in any number of counterparts.any one or may
be taken as an originai.
(5;MODIFICATION
Either party may request modification of the provisions of this Agreement.cha
nge
swhichareagreeduponshaiibevalidonlywheninwriting,signed by each of the parties.and to
the originai of this Agreement.
(7)SCOPE OF VVORK
The Sub-Recipient shall perform the work in accordance with the Budget and of
\/Vork.Attachment A of this Agreement.
(8)PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end on
30.2022,unless tenflinated earlier in accordance with the provisions of Paragraph (17)of this
Agreement.Consistent with the definition of “period of performance“contained in 2 C.F'.R.§20D.77,
the
term "period of agreerneht“refers to the tirne during which the Sub~Re<;ipient "may incur new
to carry out the work authorized under"this Agreement.In accordance with section 215.S71(‘l)(d),Florida
Statutes.the Sub-Recipient may expand funds authorized by this Agreerrlent "only for allowable costs
resulting frorn obligations incurred during"the period of agreement.
(9)E
a.This is a cost-reirrlburserrlent Agreement.subject to the availability of funds.4
Agenda Item #7.A.14 Mar 2022Page 36 of 106
b.The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature,and subject to any modification in
accordance with either chapter 216,Florida Statutes,or the Florida Constitution.
c.The Divisionwillreimburse the Sub-Recipient o_n|yfor allowablecosts incurred by the
Sub-Recipient in the successful completion of each deliverable.The maximum reimbursement amount
for each deliverable is outlined inAttachment A of this Agreement (“Budget and Scope of Work").The
maximum reimbursement amount for the entirety of this Agreement is $57,447.25.
d.As required by 2 C.F.R.§200.415(a),any request for payment under this Agreement
must include a certification,signed b_y_anofficialwho is authorized to Iegallvbind the Sub-Recipient,
which reads as follows:“By signing this report,I certify to the best of my knowledge and belief that the
report is true,complete,and accurate,and the expenditures,disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award.Iam aware that any
false,fictitious,or fraudulent information,or the omission of any material fact,may subject me to criminal,
civilor administrativepenalties for fraud,false statements,false claimsor otherwise.(U.S.Code Title 18,
Section 1001 and Title 31,Sections 3729-3730 and 3801~3812)."
e.The Divisionwillreview any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure,outlined inAttachment A,
that clearly delineates:
i.The required minimum acceptable level of service to be performed;and,
ii.The criteria for evaluating the successful completion of each deliverable.
f.The performance measure required by section 215.971(1)(b),Florida Statutes,
remains consistent withthe requirement for a “performance goal”,which is defined in 2 C.F.R.§200.76 as
“a target level of performance expressed as a tangible,measurable objective,against which actual
achievement can be compared.”italso remains consistent with the requirement,contained in2 C.F.R.
§200.329,that the Divisionand the Sub-Recipient “relate financialdata to performance goals and
objectives of the Federal award.”
g.lfauthorized by the Federal Awarding Agency,then the Divisionwillreimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R.§200.43O (“Compensation——persona|
services”)and 2 C.F.R.§200.431 (“Compensation———fringebenefits").ifthe Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation,holiday,
illness,failure of the employer to provide sufficient work,or other similar cause (See 29 U.S.C.
fringe benefits as “allowances and services provided by employers to theiremployees as compensation inadditiontoregularsalariesandwages.”Fringe benefits are allowable under this Agreement as long asthebenefitsarereasonableandarerequiredbylaw,Sub-Recipient-employee agreement,or anestablishedpolicyoftheSub-Recipient.2 C.F.R.§200.431(b)provides that the cost of fringe benefits in5 Agenda Item #7.A.14 Mar 2022Page 37 of 106
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave,fami|y—relatedleave,sick leave,holidays,court leave,militaryleave,
administrative leave,and other similarbenefits,are allowable ifall of the following criteria are met:
i.They are provided under established written leave policies;
ii.The costs are equitably allocated to all related activities,including Federal
awards;and,
iii.The accounting basis (cash or accrual)selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h.ifauthorized by the Federal Awarding Agency,then the Divisionwillreimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R.§200.474.As required by the Reference
Guide for State Expenditures,reimbursement fortravel must be in accordance with section 112.061,
Florida Statutes,which includessubmission of the claimon the approved state travel voucher.lfthe Sub~
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
FloridaStatutes ($6 for breakfast,$11 for lunch,and $19 for dinner),then the Sub-Recipient must provide
documentation that:
i.The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result ofthe Sub—Recipient’swritten travel policy;and,
ii.Participation of the individualin the travel is necessary to the Federal award.
i.The Division’sgrant manager,as required by section 215.971(2)(c),Florida Statutes,
shall reconcile and verify all funds received against allfunds expended during the grant agreement period
and produce a finalreconciliationreport.The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
j.As defined by 2 C.F.R.§200.1,the term “improper payment"means or includes:
i.Any payment that should not have been made or that was made inan
incorrect amount (including overpayments and underpayments)under statutory,contractual,
administrative,or other legallyapplicable requirements;and,
ii.Any payment to an ineligibleparty,any payment for an ineligiblegood or
service,any duplicate payment,any payment for a good or service not received (except for such
payments where authorized by law),any payment that does not account for credit for applicable
discounts,and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
(10)a.As required by 2 C.F.R.§200.336,the Federal awarding agency,inspectors General,the Comptroller General of the United States,and the Division,or any of their authorized representatives,shall enjoy the right of access to any documents,papers,or other records of the Sub-Recipient which arepertinenttotheFederalaward,in order to make audits,examinations,excerpts,and transcripts.The right6 Agenda Item #7.A.14 Mar 2022Page 38 of 106
of access also includes timely and reasonable access to the Sub-Recipient’s personnel for the purpose of
interview and discussion related to such documents.Finally,the right of access is not limitedto the
required retention period but lasts as long as the records are retained.
b.As required by 2 C.F.R.§200.332(a)(5),the Division,the Chief inspector General of
the State of Florida,the FloridaAuditor General,or any of their authorized representatives,shall enjoy the
right of access to any documents,financial statements,papers,or other records of the Sub-Recipient
which are pertinent to this Agreement,in order to make audits,examinations,excerpts,and transcripts.
The right of access also includes timelyand reasonable access to the Sub~Recipient's personnel for the
purpose of interviewand discussion related to such documents.
c.As required by FloridaDepartment of State's record retention requirements (Chapter
119,Florida Statutes)and by 2 C.F.R.§200.334,the Sub-Recipient shall retain sufficient records to show
its compliance with the terms ofthis Agreement,as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement,for a period offme(5)years from the date of
submission of the final expenditure report.The following are the only exceptions to the five (5)year
requirement:
i.Ifany litigation,claim,or audit is started before the expiration of the 5-year
period,then the records must be retained untilall litigation,claims,or audit findings involvingthe records
have been resolved and final action taken.
ii.When the Division or the Sub—Recipientis notifiedin writing by the Federal
awarding agency,cognizant agency for audit,oversight agency for audit,cognizant agency for indirect
costs,or pass-through entity to extend the retention period.
iii.Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
iv.When records are transferred to or maintained by the Federal awarding
agency or pass-through entity,the 5-year retention requirement is not applicable to the Sub-Recipient.
v.Records for program income transactions after the period of performance.in
some cases,recipients must report program income after the period of performance.Where there is such
a requirement,the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned.
vi.indirectcost rate proposals and cost allocations plans.This paragraph
applies to the following types of documents and their supporting records:indirectcost rate computations
particular group of costs is chargeable (such as computer usage chargeback rates or composite fringebenefitrates).Agenda Item #7.A.14 Mar 2022Page 39 of 106
d.in accordance with 2 C.F.R.§200.335,the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub-Recipient when itdetermines that
the records possess long~termretention value.
e.in accordance with 2 C.F.R.§200.336,the Divisionmust always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request.if paper copies
are submitted,then the Divisionmust not require more than an originaland two copies.When original
records are electronic and cannot be altered,there is no need to create and retain paper copies.When
original records are paper,electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews,provide
reasonable safeguards against alteration,and remain readable.
f.As required by 2 C.F.R.§200.303,the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiableinformationand other informationthe Federal awarding
agency or the Divisiondesignates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal,state,local,and tribal laws regarding privacy and obligations of confidentiality.
g.Florida's Government inthe Sunshine Law (Section 286.011,FloridaStatutes)
provides the citizens of Floridawith a rightof access to governmental proceedings and mandates three,
basic requirements:(1)meetings of public boards or commissions must be open to the public;(2)
reasonable notice of such meetings must be given;and,(3)minutes of the meetings must be taken and
promptly recorded.The mere receipt of public funds by a private entity,standing alone,is insufficientto
bring that entity within the ambit ofthe open government requirements.However,the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf ofthose agencies in the agencies’performance of their publicduties.if a public agency delegates
the performance of its publicpurpose to a private entity,then,to the extent that private entity is
performing that public purpose,the Government inthe Sunshine Law applies.For example,ifa volunteer
fire department provides firefighting services to a governmental entity and uses facilitiesand equipment
purchased with public funds,then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department.Thus,to the extent that the Government inthe Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement,the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendationsto the
governing board may be subject to open government requirements.These meetings shall be publicly
noticed,open to the public,and the minutes of all the meetings shall be public records,available to the
h.Florida's Public Records Law provides a right of access to the records of the stateandlocalgovernmentsaswellastoprivateentitiesactingontheirbehalf.Unless specifically exemptedfromdisclosurebytheLegislature,all materials made or received by a governmental agency (or a privateentityactingonbehalfofsuchanagency)in conjunction with officialbusiness which are used to8 Agenda Item #7.A.14 Mar 2022Page 40 of 106
perpetuate,communicate,or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity,standing alone,is insufficient to bring that entity
within the ambit of the public record requirements.However,when a public entity delegates a public
function to a private entity,the records generated bythe private entity's performance of that duty become
public records.Thus,the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i.The Sub-Recipient shall maintain all records for the Sub~Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement,including
documentation of all program costs,ina form sufficient to determine compliance withthe requirements
and objectives of the Budget and Scope of Work -Attachment A —and all other applicable laws and
regulations.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE
CONTRACTOR’S DUTYTO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:(850)815-7671 Records@em.myflorida.com,or 2555
Shumard Oak Boulevard,Tallahassee,FL 32399.
(11)AUDITS
a.The Sub-Recipient shall comply with the audit requirements contained in2 C.F.R.
Part 200,Subpart F.
b.In accounting for the receipt and expenditure of funds under this Agreement,the
Sub-Recipient shall follow Generally Accepted Accounting Principles (“GAAP”).As defined by 2 C.F.R.
§200.1,GAAP “has the meaning specified inaccounting standards issued by the Government Accounting
Standards Board (GASB)and the FinancialAccounting Standards Board (FASB).”
c.When conducting an audit of the Sub—Recipient’sperformance under this Agreement,
the Divisionshall use Generally Accepted Government AuditingStandards (“GAGAS").As defined by 2
C.F.R.§200.1,GAGAS,“also known as the Yellow Book,means generally accepted government auditing
standards issued by the Comptroller General of the United States,which are applicable to financial
audits.”
d.Ifan audit shows that all or any portion of the funds disbursed were not spent in
reimbursement to the Divisionof all funds not spent in accordance with these applicable regulations andAgreementprovisionswithinthirty(30)days after the Division has notified the Sub-Recipient of such non-compliance.Agenda Item #7.A.14 Mar 2022Page 41 of 106
e.The Sub—Recipientshall have all audits completed by an independent auditor,which
is defined in section 215.97(2)(i),Florida Statutes,as “an independent certified public accountant licensed
under chapter 473.”The independent auditor shall state that the audit complied with the applicable
provisions noted above.The audit must be received by the Divisionno later than nine months from the
end of the Sub-Recipient’s fiscal year.
f.The Sub—Recipientshall send copies of reporting packages for audits conducted in
accordance with2 C.F.R.Part 200,by or on behalf of the Sub-Recipient,to the Divisionat the following
address:
DEMSingle_Audit@em.myflorida.com
93
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399~21OO
g.The Sub—Recipientshall send the Single Auditreporting package and Form SF~SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex.html
h.The Sub—Recipientshall send any management letter issued by the auditor to the
Divisionat the following address:
DEMSing|e_Audit@em.myf|orida.com
93
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee,Florida32399-2100
(12)REPORTS
a.Consistent with2 C.F.R.§200.328,the Sub—Recipientshall provide the Divisionwith
quarterly reports and a close—outreport.These reports shall includethe current status and progress by
the Sub—Recipientand allsubcontractors in completing the work described inthe Scope of Work and the
expenditure of funds under this Agreement,in additionto any other information requested by the Division.
b.Quarterly reports are due to the Divisionno later than fifteen (15)days after the end
of each quarter of the program year and shall be sent each quarter untilsubmission of the administrative
September 30,and December 31.c.The close-out report is due sixty(60)days after termination of this Agreement or sixty(60)days after completion of the activities contained inthis Agreement,whichever first occurs.10 Agenda Item #7.A.14 Mar 2022Page 42 of 106
d.ifall required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division,then the Divisionmay withholdfurther payments until they are
completed or may take other action as stated in Paragraph (16)REMEDIES."Acceptable to the
Division"means that the work product was completed in accordance with the Budget and Scope of Work.
e.The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f.The Sub—Recipientshall provide additional reports and information identified in
Attachment F.
(13)MONITORING
a.The Sub-Recipient shall monitor its performance under this Agreement,as wellas
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to
ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods,and other performance goals are being achieved.A
review shall be done for each functionor activity inAttachment A to this Agreement and reported inthe
quarterly report.
b.in addition to reviews of audits,monitoring procedures may include,but not be limited
to,on—sitevisits by Division staff,limitedscope audits,and/or other procedures.The Sub~Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division.Inthe event that the Divisiondetermines that a limited scope audit of the Sub-Recipient is
appropriate,the Sub-Recipient agrees to comply with any additionalinstructions provided by the Division
to the Sub~Recipient regarding such audit.The Sub-Recipient further agrees to comply and cooperate
with any inspections,reviews,investigations or audits deemed necessary by the FloridaChief Financial
Officer or AuditorGeneral.in addition,the Divisionwillmonitorthe performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(14)LIABILITY
a.Unless Sub-Recipient is a State agency or subdivision,as defined insection
768.28(2),FloridaStatutes,the Sub-Recipient is solely responsible to parties itdeals with in carrying out
the terms of this Agreement and,as authorized by section 768.28(19),FloridaStatutes,Sub-Recipient
shall holdthe Divisionharmless against all claims ofwhatever nature by third parties arising from the
work performance under this Agreement.For purposes of this Agreement,Sub-Recipient agrees that it is
not an employee or agent of the Division,but is an independent contractor.
state agency or subdivision,as defined in section 768.28(2),FloridaStatutes,agrees to be fullyresponsibleforitsnegligentortortiousactsoromissionswhichresultinclaimsorsuitsagainsttheDivision,and agrees to be liablefor any damages proximately caused by the acts or omissions to theextentsetforthinsection768.28,FloridaStatutes.Nothing herein is intended to serve as a waiver of11 Agenda Item #7.A.14 Mar 2022Page 43 of 106
sovereign immunity by any Sub-Recipient to which sovereign immunityapplies.Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15)DEFAULT
ifany ofthe following events occur ("Events of Default"),allobligations on the part of the
Divisionto make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16);however.the Divisionmay make payments or partial payments
after any Events of Defaultwithout waiving the right to exercise such remedies,and without becoming
liableto make any further payment if:
a.Any warranty or representation made by the Sub~Recipient in this Agreement or any
previous agreement with the Divisionis or becomes false or misleading inany respect,or ifthe Sub—
Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion,or is unable or unwillingto
meet its obligations under this Agreement;
b.Materialadverse changes occur inthe financial condition of the Sub-Recipient at any
time during the term of this Agreement,and the Sub-Recipient fails to cure this adverse change within
thirty (30)days from the date written notice is sent by the Division;
c.Any reports required by this Agreement have not been submitted to the Divisionor
have been submitted with incorrect,incomplete or insufficient information;or,
d.The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16)REMEDIES
Ifan Event of Defaultoccurs,then the Divisionshall,after thirty (30)calendar days
written notice to the Sub-Recipient and upon the Sub~Recipient's failure to cure withinthose thirty (30)
days,exercise any one or more of the following remedies,either concurrently or consecutively:
a.Terminate this Agreement,provided that the Sub-Recipient is given at least thirty (30)
days priorwritten notice of the termination.The notice shall be effective when placed inthe United
States,first class mail,postage prepaid,by registered or certified mail-returnreceipt requested,to the
address in paragraph (3)herein;
b.Begin an appropriate legal or equitable action to enforce performance of this
c.Withhold or suspend payment of allor any part of a request for payment;d.Require that the Sub-Recipient refund to the Divisionany monies used for ineligiblepurposesunderthelaws,rules and regulations governing the use of these funds.e.Exercise any corrective or remedial actions,to include but not be limitedto:12 Agenda Item #7.A.14 Mar 2022Page 44 of 106
i.Request additionalinformation from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii.issue a written warning to advise that more serious measures may be taken
ifthe situation is not corrected,
iii.Advise the Sub—Recipientto suspend,discontinue or refrain from incurring
costs for any activities in question or
iv.Require the Sub-Recipient to reimburse the Divisionfor the amount of costs
incurred for any items determined to be ineligible;
f.Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies willnot stop the Divisionfrom pursuing any other
remedies inthis Agreement or provided at law or inequity.Ifthe Divisionwaives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub-Recipient,itwillnot affect,extend or
waive any other rightor remedy of the Division,or affect the later exercise of the same right or remedy by
the Divisionfor any other default by the Sub-Recipient.
(17)TERMlNATlON
a.The Divisionmay terminate this Agreement for cause after thirty (30)days written
notice.Cause can include misuse of funds,fraud,lack of compliance with applicable rules,laws and
regulations,failure to perform on time,and refusal by the Sub~Recipient to permit public access to any
document,paper,letter,or other material subject to disclosure under chapter 119,Florida Statutes,as
amended.
b.The Divisionmay terminate this Agreement for convenience or when itdetermines,in
its sole discretionthat continuing the Agreement would not produce beneficial results in linewith the
further expenditure offunds,by providingthe Sub~Recipient with thirty (30)calendar day's priorwritten
notice.
c.The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement.The amendment willstate the effective date of the
termination and the procedures for proper closeout of the Agreement.
d.inthe event that this Agreement is terminated,the Sub—Recipientwillnot incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notificationof termination.The Sub-Recipient willcancel as many outstanding obligations as possible.
Divisionmay,to the extent authorized by law,withholdpayments to the Sub—Recipientfor the purpose ofset—offuntilthe exact amount of damages due the Divisionfrom the Sub-Recipient is determined.(18)PROCUREMENT 13 Agenda Item #7.A.14 Mar 2022Page 45 of 106
a.The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies withall applicable federal and state laws and regulations,to include 2 C.F.R.
§§200.318 through 200.327 as well as Appendix llto 2 C.F.R.Part 200 (entitled “Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards”).
b.As required by 2 C.F.R.§200.318(i),the Sub-Recipient shall “maintain records
sufficient to detail the history of procurement.These records willinclude,but are not necessarily limited
to the following:rationale for the method of procurement,selection of contract type,‘contractor selection
or rejection,and the basis forthe contract price.”
c.As required by 2 C.F.R.§200.318(b),the Sub-Recipient shall “maintain oversight to
ensure that contractors perform inaccordance withthe terms,conditions,and specifications of their
contracts or purchase orders.”in orderto demonstrate compliance with this requirement,the Sub-
Recipient shall document,in its quarterly report to the Division,the progress of any and all subcontractors
performing work under this Agreement.
d.The Sub-Recipient agrees to include in the subcontract that (i)the subcontractor is
bound by the terms of this Agreement,(ii)the subcontractor is bound by all applicable state and federal
laws and regulations,and (iii)the subcontractor shall holdthe Divisionand Sub~Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance ofwork under this
Agreement,to the extent allowed and required by law.
e.As required by 2 C.F.R.§200.318(c)(1),the Sub-Recipient shall “maintain written
standards of conduct covering conflicts of interest and governing the actions of its empioyees engaged in
the selection,award and administrationof contracts."
f.As required by 2 C.F.R,§200.3‘l9(a),the Sub-Recipient shall conduct any
procurement under this agreement “ina manner providingfulland open competition.”Accordingly,the
Sub-Recipient shall not:
i.Place unreasonable requirements on firms in order for them to qualify to do
business;
ii.Require unnecessary experience or excessive bonding;
iii.Use noncompetitive pricing practices between firms or between affiliated
companies;
iv.Execute noncompetitive contracts to consultants that are on retainer
contracts;
vi.Specify only a brand name product without allowing vendors to offer anequivalent;‘l4 Agenda Item #7.A.14 Mar 2022Page 46 of 106
vii.speclry a brand name product instead of describing the performance,
specifications,or other relevant requirements that pertain to the commodity or service solicited b
y
the
procurement;
viii.Engage in any arbitrary action during the procurement process;or,ix.Allow a vendor to bid on a contract ii that bidder was involved with
developing or drafting the speci?cations.requirements.statement of work,invitation to bid,or ror
proposals.
g."[E]xcept in those cases where applicable Federal statutes expressly mandateor
encourage"otherwise,the SubcRe<:ipienl,as required by 2 C.F.R.§200.31S(c).shall not use
geographic preference when procuring commodities or services under this Agreement.
h.The Sub—Recipient shall conduct any procurement involving invitations to (Le.
sealed bids)in accordance with 2 C.F.R.§2oo.32o(d)as well as section 287.057(‘I)(a).Florida st
at
ut
es
.
i.The sub—Recipient shall conduct any procurement involving requests for
(i.e.competitive proposals)in accordance with 2 C.F.R.§2oo.32o(2)as well as section 2B7.057
(1)(b),Florida Statutes.
j.For each subcontract,the Sub»Recipient sheli provide a written statement t
o
the
Division as to whether that subcontractor is a minority business enterprise,as defined in section 233
.
703
.
Florida statutes.Additionally,the sub-Recipient shall comply with the requirements of 2 C.F.R.§2oo
.321("Contracting with small and minority businesses.worrlerl's business enterprises.and labor sur
plus
area
firms").
K.If the sub—Recipient chooses to subcontract any of the work required under this
Agreement,then the sub-Recipient shall review its competitive solicitation and subsequent contract
tobe
awarded for compliance with the procurement standards in 2 c,F.R_§§200.31 ta through 200.327 and
required contract provisions in Appendix ii to 2 C.F.R.Part 200.If the Sub-Reci ient publishes a
competitive solicitation or executes a contract that is not in compliance with the Federal procurementstandardsin2C.F.R.§§2oo.31a through 200.327 or the requirements of Appendix ii to 2 c.F.R.F-art
200.then the sub—Recipient is on notice that the Division may:
a)Terminate this Agreement in accordance with the provisions outline
d
in
paragraph (17)above;or.
b)Refuse to reimburse the Sub~Recipient for any costs associated that
solicitation.
I.FEMA has developed heipiui resources for subgranl recipients related to
with the Federal procurement standards in 2 C.F.R.§§200.318 through 200.327 and required
provisions in Appendix ii to 2 C.F.R.Part 200.These resources are generally available at
hltns.//vtlvtrwlema.qcl\/Inroeurement—ajssstenasslstancedearn.
‘I5
Agenda Item #7.A.14 Mar 2022Page 47 of 106
(19)ATTACHMENTS
a.Allattachments to this Agreement are incorporated as ifset out fully.
b.in the event of any inconsistencies or conflictbetween the language of this
Agreement and the attachments,the language of the attachments shall control,but only to the extent of
the conflict or inconsistency.
c.This Agreement has the following attachments:
i.Exhibit1~Funding Sources
ii.Attachment A——Budget and Scope of Work
iii.Attachment B—Program Statutes and Regulations
iv.Attachment C —Statement of Assurances
v.Attachment D——Request for Advance or Reimbursement
vi.Attachment E -Justification of Advance Payment
vii.Attachment F —Quarterly Report Form
viii.Attachment G —-Warranties and Representations
ix.Attachment H—-CertificationRegarding Debarment
x.Attachment l—Federal Funding Accountability and Transparency Act
xi.Attachment J ——Mandatory Contract Provisions
xii.Attachment K-—Certification Regarding Lobbying
(20)PAYMENTS
a.Any advance payment under this Agreement is subject to 2 C.F.R.§200.305 and,as
applicable,section 216.181(16),FloridaStatutes.Alladvances are required to be held inan interest-
bearing account.ifan advance payment is requested,the budget data on which the request is based and
a justification statement shall be included inthis Agreement as Attachment E.Attachment E willspecify
the amount of advance payment needed and provide an explanation ofthe necessity for and proposed
use of these funds.No advance shall be accepted for processing ifa reimbursement has been paid prior
to the submittal ofa request for advanced payment.Afterthe initialadvance,ifany,payment shall be
made on a reimbursement basis as needed.
b.invoices shall be submitted at least quarterly and shall includethe supporting
documentation for all costs of the project or services.The final invoiceshall be submitted within sixty (60)
days after the expiration date of the agreement.An explanation ofany circumstances prohibitingthe
submittal of quarterly invoices shall be submitted to the Divisiongrant manager as part of the Sub-
c.ifthe necessary funds are not available to fund this Agreement as a result of actionbytheUnitedStatesCongress,the federal Office of Management and Budgeting,the State ChiefFinancialOfficerorundersubparagraph(9)b.of this Agreement,all obligations on the part ofthe Division16 Agenda Item #7.A.14 Mar 2022Page 48 of 106
to make any further payment of funds shall terminate,and the Sub-Recipient shall submit its closeout
report within thirty (30)days of receiving notice from the Division.
(21)REPAYMENTS
a.Allrefunds or repayments due to the Division under this Agreement are to be made
payable to the order of “Divisionof Emergency Management",and mailed directlyto the following
address:
Divisionof Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL32399-2100
b.Inaccordance with section 215.34(2),Florida Statutes,ifa check or other draft is
returned to the Divisionfor collection,Sub-Recipient shall pay the Divisiona service fee of $15.00 or 5%
of the face amount ofthe returned check or draft,whichever is greater.
(22)MANDATEDCONDITIONS
a.The validityof this Agreement is subject to the truth and accuracy of all the
information,representations,and materials submitted or provided by the Sub—Recipientin this Agreement,
in any later submission or response to a Divisionrequest,or in any submission or response to fulfillthe
requirements of this Agreement.Allof said information,representations,and materials are incorporated
by reference.The inaccuracy of the submissions or any material changes shall,at the option of the
Divisionand with thirty(30)days written notice to the Sub—Recipient,cause the termination of this
Agreement and the release of the Divisionfrom all its obligations to the Sub-Recipient.
b.This Agreement shall be construed under the laws of the State of Florida,and venue
for any actions arising out of this Agreement shall be inthe Circuit Court of Leon County.ifany provision
of this Agreement is in conflict with any applicable statute or rule,or is unenforceable,then the provision
shall be null and voidto the extent of the con?ict,and shall be severable,but shall not invalidate any other
provision of this Agreement.
c.Any power of approval or disapproval granted to the Divisionunder the terms ofthis
Agreement shall survive the term of this Agreement.
d.The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336,42 U.S.C.Section 12101 e_t_s_e_g,),which prohibits discriminationby publicand private
e.Those who have been placed on the convicted vendor listfollowing a conviction for apublicentitycrimeoronthediscriminatomvendorlistmaynotsubmitabidonacontracttoprovideanygoodsorservicestoapublicentity,may not submit a bid on a contract with a public entity for theconstructionorrepairofapublicbuildingorpublicwork,may not submit bids on leases of real property to17 Agenda Item #7.A.14 Mar 2022Page 49 of 106
a publicentity.may not be awarded or perform work as a contractor,supplier,subcontractor,or
consultant under a contract with a publicentity,and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f.Any Sub—Recipientwhich is not a local government or state agency,and which
receives funds underthis Agreement from the federal government,certi?es,to the best of its knowledge
and belief,that it and its principals or affiliates:
i.Are not presently debarred,suspended,proposed for debarment,declared
ineligible,voluntarily excluded or disquali?ed from covered transactions by a federal department or
agency;
ii.Have not,withina five-year period preceding this proposal been convicted of
or had a civiljudgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public (federal,state or local)transaction or contract under public
transaction;violationof federal or state antitrust statutes or commission of embezzlement,theft,forgery,
bribery,falsification or destruction of records,making false statements,or receiving stolen property;
iii.Are not presently indictedor otherwise criminallyor civillycharged by a
governmental entity (federal,state or local)with commission of any offenses enumerated in paragraph
(22)f.ii.of this certification;and,
iv.Have not within a five-year period preceding this Agreement had one or more
publictransactions (federal,state or local)terminated for cause or default.
g.In addition,the Sub—Recipient shall send to the Division (by email or by
facsimile transmission)the completed “Certification Regarding Debarment,Suspension,
ineligibility And Voluntary Exclusion”(Attachment H)for each intended subcontractor which Sub-
Recipient plans to fund under this Agreement.The form must be received by the Division before
the Sub-Recipient enters into a contract with any subcontractor.
h.The Divisionreserves the right to unilaterally cancel this Agreement ifthe Sub-
Recipient refuses to allow public access to alldocuments,papers,letters or other material subject to the
provisions of chapter 119,Florida Statutes,which the Sub-Recipient created or received under this
Agreement.
i.ifthe Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement,any interest income shall either be returned to the Divisionor be applied against the
j.The State of Florida willnot intentionally award publicly-funded contracts to anycontractorwhoknowinglyemploysunauthorizedalienworkers,constituting a violation of the employmentprovisionscontainedin8U.S.C.Section 1324a(e)[Section 274A(e)of the immigration and NationalityAct("lNA")].The Divisionshall consider the employment by any contractor of unauthorized aliens a violation18 Agenda Item #7.A.14 Mar 2022Page 50 of 106
of Section 274A(e)of the lNA.Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e)of the lNAshall be grounds for unilateralcancellation of this Agreement by
the Division.
k.Section 287.05805,Florida Statutes,requires that any state funds provided forthe
purchase of or improvements to real property are contingent upon the contractor or politicalsubdivision
granting to the state a security interest in the property at least to the amount of state funds provided for at
least 5 years from the date of purchase or the completion of the improvements or as further required by
law.
l.The Divisionmay,at its option,terminate the Contract ifthe Contractor is found to
have submitted a false certification as provided under section 287.135(5),Florida Statutes,or been
placed on the Scrutinized Companies withActivitiesin Sudan Listor the Scrutinized Companies with
Activitiesinthe lran Petroleum Energy Sector List,or been engaged in business operations inCuba or
Syria,or to have been placed on the Scrutinized Companies that Boycott lsrael Listor is engaged in a
boycott of lsrael.
(23)LOBBYINGPROHlBlTlON
a.2 C.F.R.§200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b.Section 216.347,Florida Statutes,prohibits “any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms ofthe grant
or contract prohibit the expenditure of funds for the purpose of lobbyingthe Legislature,the judicial
branch,or a state agency.”
c.No funds or other resources received from the Division under this Agreement may be
used directlyor indirectlyto influence legislation or any other officialaction by the FloridaLegislature or
any state agency.
d.The Sub-Recipient certifies,by its signature to this Agreement,that to the best of his
or her knowledge and belief:
i.No Federal appropriated funds have been paid or willbe paid,by or on
behalf of the Sub-Recipient,to any person for influencing or attempting to influence an officer or
employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of
a Member of Congress in connection withthe awarding of any Federal contract,the making of any
cooperative agreement.ii.ifany funds other than Federal appropriated funds have been paid or willbepaidtoanypersonforinfluencingorattemptingtoin?uence an officer or employee of any agency,aMemberofCongress,an officer or employee of Congress,or an employee of a Member of Congress in19 Agenda Item #7.A.14 Mar 2022Page 51 of 106
connection with this Federal contract,grant,loan or cooperative agreement,the Sub—Recipient shall
complete and submit Standard Form-LLL,"Disclosure of LobbyingActivities.“
iii.The Sub—Recipientshall require that this certi?cation be included in the
award documents for all subawards (including subcontracts,subgrants,and contracts under grants,
loans,and cooperative agreements)and that all Sub-Recipients shall certify and disclose.
iv.This certificationis a material representation of fact upon which reliance was
placed when this transaction was made or entered into.Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code.Any person
who fails to file the required certification shall be subject to a civilpenalty of not less than $10,000 and not
more than $100,000 for each such failure.
(24)COPYRIGHT.PATENTANDTRADEMARK
EXCEPT AS PROVIDEDBELOW,ANYAND ALL PATENT RIGHTS ACCRUING
UNDER OR INCONNECTION WITHTHE PERFORMANCEOF THIS AGREEMENTARE HEREBY
RESERVED TO THE STATE OF FLORIDA;AND,ANYAND ALLCOPYRIGHTS ACCRUING UNDER
OR INCONNECTION WITHTHE PERFORMANCEOF THIS AGREEMENTARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a.Ifthe Sub~Recipient has a pre~existingpatent or copyright,the Sub—Recipientshall
retain all rights and entitlements to that pre~existingpatent or copyright unless the Agreement provides
othen/vise.
b.Ifany discovery or invention is developed in the course of or as a result ofwork or
services performed under this Agreement,or inany way connected with it,the Sub-Recipient shall refer
the discovery or invention to the Divisionfor a determination whether the State of Floridawillseek patent
protection in its name.Any patent rights accruing under or in connection with the performance ofthis
Agreement are reserved to the State of Florida.Ifany books,manuals,films,or other copyrightable
material are produced,the Sub-Recipient shall notifythe Division.Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida.
c.Withinthirty (30)days of execution of this Agreement,the Sub-Recipient shall
disclose allintellectualproperties relating to the performance of this Agreement which he or she knows or
should know could give rise to a patent or copyright.The Sub-Recipient shall retain all rights and
patents and copyrights which accrue during performance of the Agreement.d.ifthe Sub-Recipient qualifies as a state university under Florida law,then,pursuanttosection1004.23,FloridaStatutes,any invention conceived exclusively by the employees of the Sub-Recipient shall become the sole property of the Sub-Recipient.In the case ofjoint inventions,that is20 Agenda Item #7.A.14 Mar 2022Page 52 of 106
inventions made jointlyby one or more employees of both parties hereto,each party shall have an equal,
undivided interest in and to such joint inventions.The Divisionshall retain a perpetual,irrevocable,fully-
paid,nonexclusive Iicense,for its use and the use of its contractors of any resulting patented,copyrighted
or trademarked work products,developed solely by the Sub-Recipient,under this Agreement,for Florida
government purposes.
(25)LEGALAUTHORIZATION
The Sub—Recipientcertifies that ithas the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub~Recipient to the terms of this Agreement.
(26)EQUALOPPORTUNITYEMPLOYMENT
a.Inaccordance with 41 C.F.R.§60-‘I .4(b),the Sub-Recipient hereby agrees that itwill
incorporate or cause to be incorporated into any contract for construction work,or modification thereof,as
defined inthe regulations of the Secretary of Labor at 41 C.F.R.Chapter 60,which is paid for inwhole or
in part withfunds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant,contract,loan insurance,or guarantee,or undertaken pursuant to any
Federal program involving such grant,contract,loan,insurance,or guarantee,the following equal
opportunity clause:
During the performance of this contract,the contractor agrees as follows:
i.The contractor willnot discriminate against any employee or
applicant for employment because of race,color,religion,sex,sexual
orientation,gender identity,or national origin.The contractor willtake
affirmative action to ensure that applicants are employed,and that
employees are treated during employment without regard to their race,
color,religion,sex,sexual orientation,gender identity,or national origin.
Such action shall include,but not be limitedto the following:
Employment,upgrading,demotion,or transfer;recruitmentor recruitment
advertising;layoffor termination;rates of pay or other forms of
compensation;and selection for training,including apprenticeship.The
contractor agrees to post in conspicuous places,available to employees
and applicants for employment,notices to be provided setting forth the
provisions ofthis nondiscriminationclause.
qualified applicants willreceive considerations for employment withoutregardtorace,color,religion,sex,sexual orientation,gender identity,ornationalorigin.iii.The contractor willnot discharge or in any other mannerdiscriminateagainstanyemployeeorapplicantforemploymentbecause21 Agenda Item #7.A.14 Mar 2022Page 53 of 106
such employee or applicant has inquired about,discussed,or disclosed
the compensation of the employee or applicant or another employee or
applicant.This provision shall not apply to instances inwhich an
employee who has access to the compensation information of other
employees or applicants as a part of such employee’s essential job
functions discloses the compensation of such other employees or
applicants to individualswho do not otherwise have access to such
information,unless such disclosure is in response to a formal complaint
or charge,in furtherance of an investigation,proceeding,hearing,or
action,including an investigation conducted by the employer,or is
consistent with the contractor's legal duty to furnish information.
iv.The contractor willsend to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding,a notice to be provided advising the said labor
union or workers’representatives of the contractor's commitments under
this section,and shall post copies of the notice inconspicuous places
available to employees and applicants for employment.
v.The contractor willcomply with all provisions of Executive Order
11246 of September 24,1965,and of the rules,regulations,and relevant
orders of the Secretary of Labor.
vi.The contractor willfurnish all informationand reports required by
Executive Order 11246 of September 24,1965,and by rules,
regulations,and orders of the Secretary of Labor,or pursuant thereto,
and willpermit access to his books,records,and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,regulations,and
orders.
vii.inthe event of the contractor’s noncompliance with the
nondiscriminationclauses of this contract or with any of the said rules,
regulations,or orders,this contract may be canceled,terminated,or
suspended in whole or in part and the contractor may be declared
ineligiblefor further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24,1965,and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24,1965,or by rule,regulation,or order of the
Secretary of Labor,or as otherwise provided by law.
viii.The contractor willincludethe portion of the sentence
immediately preceding paragraph (1)and the provisions of paragraphs
(1)through (8)inevery subcontract or purchase order unless exempted
by rules,regulations,or orders of the Secretary of Labor issued pursuant
contractor willtake such actionwith respect to any subcontract orpurchaseorderastheadministeringagencymaydirectasameans ofenforcingsuchprovisions,including sanctions for noncompliance:Provided,however,that in the event a contractor becomes involved in,oristhreatenedwith,litigationwith a subcontractor or vendor as a result of22 Agenda Item #7.A.14 Mar 2022Page 54 of 106
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b.The Sub-Recipient further agrees that itwillbe bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work:Provided,that ifthe applicant so participating is a State or localgovernment,the above equal
opportunity clause is not applicable to any agency,instrumentality or subdivision of such government
which does not participate inwork on or under the contract.
c.The Sub-Recipient agrees that itwillassist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunityclause and the rules,regulations,and relevant orders of the
Secretary of Labor,that it willfurnish the administering agency and the Secretary of Labor such
informationas they may require for the supervision of such compliance,and that itwillotherwise assist
the administering agency inthe discharge of the agency’s primary responsibilityfor securing compliance.
d.The Sub-Recipient further agrees that itwillrefrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24,1965,with a contractor
debarred from,or who has not demonstrated eligibilityfor,Government contracts and federally assisted
construction contracts pursuant to the Executive order and willcarry out such sanctions and penalties for
violationof the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II,Subpart D of the Executive order.in
addition,the Sub—Recipientagrees that ifitfailsor refuses to comply with these undertakings,the
administering agency may take any or allof the following actions:cancel,terminate,or suspend in whole
or in part this grant (contract,loan,insurance,guarantee);refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred untilsatisfactory
assurance of future compliance has been received from such Sub-Recipient;and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELANDANTl~KlCKBACKACT
The Sub-Recipient hereby agrees that,unless exempt under Federal law,itwill
incorporate or cause to be incorporated into any contract for construction work,or modification thereof,
the following clause:
applicable,which are incorporated by reference intothis contract.ii.Subcontracts.The contractor or subcontractor shall insert in anysubcontractstheclauseaboveandsuchotherclausesastheFEMAmaybyappropriateinstructionsrequire,and also a clause requiring thesubcontractorstoincludetheseclausesinanylowertiersubcontracts.23 Agenda Item #7.A.14 Mar 2022Page 55 of 106
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with allof these contract
clauses.
iii.Breach.A breach of the contract clauses above may be grounds
for termination of the contract,and for debarment as a contractor and
subcontractor as provided in29 C.F.R.§5.12.
(28)CONTRACT WORK HOURS ANDSAFETY STANDARDS
ifthe Sub-Recipient,with the funds authorized by this Agreement,enters into a contract
that exceeds $100,000 and involvesthe employment of mechanics or laborers,then any such contract
must includea provision for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department
of Labor regulations (29 C.F.R.Part 5).Under 40 U.S.C.3702 of the Act,each contractor must be
required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours.Work inexcess of the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours worked inexcess of 40
hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market,or contracts for transportation.
(29)CLEANAlRACT ANDTHEFEDERALWATER POLLUTIONCONTROLACT
ifthe Sub-Recipient,with the funds authorized by this Agreement,enters into a contract
that exceeds $150,000,then any such contract must includethe following provision:
Contractor agrees to comply with all applicable standards,orders or
regulations issued pursuant to the Clean AirAct (42 U.S.C.7401-7671q)
and the Federal Water PollutionControlAct as amended (33 U.S.C.
1251-1387),and willreport violationsto FEMAand the Regional Office of
the Environmental Protection Agency (EPA).
(30)SUSPENSIONANDDEBARMENT
ifthe Sub-Recipient,with the funds authorized by this Agreement,enters into a contract,
then any such contract must includethe following provisions:
i.This contract is a covered transaction for purposes of 2 C.F.R.
pt.180 and 2 C.F.R.pt.3000.As such the contractor is required to
verify that none of the contractor,its principals (defined at 2 C.F.R.§
180,995),or its affiliates (defined at 2 C.F.R.§180.905)are excluded
ii.The contractor must comply with 2 C.F.R.pt.180,subpart C and2C.F.R.pt.3000,subpart C and must include a requirement to complywiththeseregulationsinanylowertiercoveredtransactionitentersinto.24 Agenda Item #7.A.14 Mar 2022Page 56 of 106
iii,This certification is a material representation of fact relied upon
by the Division.Ifit is later determined that the contractor did not comply
with 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C,in
addition to remedies available to the Division,the Federal Government
may pursue available remedies,including but not limitedto suspension
and/or debarment.
iv.The bidder or proposer agrees to complywiththe requirements
of2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C whilethis
offer is valid and throughout the period of any contract that may arise
from this offer.The bidder or proposer further agrees to include a
provision requiring such compliance in its lowertier covered transactions.
(31)BYRDANTI-LOBBYINGAMENDMENT
Ifthe Sub-Recipient,withthe funds authorized by this Agreement,enters intoa contract,
then any such contract must include the followingclause:
Byrd Anti—LobbyingAmendment,31 U.S.C.§1352 (as amended).
Contractors who apply or bid for an award of $100,000 or more shall file
the required certification.Each tier certifies to the tier above that itwill
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency,a member of Congress,officer or employee of
Congress,or an employee of a member of Congress in connection with
obtaining any Federal contract,grant,or any other award covered by 31
U.S.C.§1352.Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal
award.Such disclosures are forwarded from tier to tier up to the
recipient.
Ifthis subgrant agreement amount is $100,000 or more,the Sub-Recipient,and
subcontractors as applicable,shall sign Attachment K—CertificationRegarding Lobbying.
(32)CONTRACTINGWITHSMALLANDMINORITYBUSINESSES,WOMEN'S BUSINESS
ENTERPRISES,ANDLABOR SURPLUS AREA FIRMS
a.Ifthe Sub-Recipient,with the funds authorized by this Agreement,seeks to procure
goods or services,then,inaccordance with 2 C.F.R.§200.321,the Sub-Recipient shall take the following
affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus
area firms are used whenever possible:
i.Placing qualified smalland minority businesses and women's business
enterprises on solicitation lists;
enterprises whenever theyiii.Dividingtotal requirements,when economically feasible,into smallertasks orquantitiestopermitmaximumparticipationbysmallandminoritybusinesses,and women's businessenterprises;25 Agenda Item #7.A.14 Mar 2022Page 57 of 106
iv.Establishing delivery schedules,where the requirement permits,which
encourage participation by small and minority businesses,and womensbusiness enterprises;
v.Using the sen/ices and assistance,as appropriate,of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce;and
vi.Requiring the prime contractor,ifsubcontracts are to be let,to take the
affirmative steps listed in paragraphs i,through v.of this subparagraph.
b.The requirement outlined insubparagraph a.above,sometimes referred to as
"socioeconomic contracting,"does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms.Rather,the requirement only imposes an obligation to carry out _a__r_i_c1
document the six affirmative steps identifiedabove.
c.The “socioeconomic contracting”requirement outlinesthe affirmative steps that the
Sub-Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d.The requirement to divide total requirements,when economically feasible,into
smaller tasks or quantities to permit maximum participationby small and minority businesses,and
women's business enterprises,does not authorize the Sub-Recipient to break a single project down into
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilizestreamlined acquisition procedures (e.g.“project splitting”).
(33)ASSURANCES
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
26 Agenda Item #7.A.14 Mar 2022Page 58 of 106
INWITNESS WHEREOF,the parties hereto have executed this Agreement.
_/
SUB~RECiPIENT:City of/tlanticBeach
..s’:«/1"’?
By:
Nameand Title:
Dale:70‘Z41E1
FE|D#;59—6000267
STATE OF FLORIDA
DIVISIONOF EMERGENCYMANAGEMENT
muLauraDhuwey._(in;“am 1.u;1ao5r-7
Nameand Title:KevinGuthrie.Director
Date:11/12/21
27
for
Agenda Item #7.A.14 Mar 2022Page 59 of 106
EXHIBIT-1
THEFOLLOWINGFEDERALRESOURCES AREAWARDED TO THESUB-RECIPIENTUNDERTHIS
AGREEMENT:
Federal Program
Federal agency:Federal Emergency Management Agency:Hazard Mitigation Grant
Catalog of Federal Domestic Assistance titleand number:97.039
Award amount:§57,447.25
THE FOLLOWINGCOMPLIANCEREQUIREMENTSAPPLY TO THE FEDERALRESOURCES
AWARDEDUNDER THIS AGREEMENT:
o 2 C.F.R.Part 200 UniformAdministrativeRequirements,Cost Principles,and Audit Requirements
for Federal Awards
0 The Robert T.Stafford Disaster Relief and Emergency Assistance Act,Public Law 93-288,as
amended,42 U.S.C.5121 et seq.,and Related Authorities
0 Sections 1361(A)of the NationalFlood Insurance Act of 1968,42 U.S.C.4104c,as amended by
the NationalFlood Insurance Reform Act of 1994,PublicLaw 103-325 and the Bunning-Bereuter-
Blumenauer Flood Insurance Reform Act of 2004,Public Law 108-264
0 31 C.F.R.Part 205 Rules and Procedures for Funds Transfers
Federal Program:
1.Sub-Recipient is to use funding to perform the following eligible activities:
-Localized Minor Drainage Improvement
2.Sub-Recipient is subject to all administrativeand financial requirements as set forth in this
Agreement,or willbe inviolationof the terms of the Agreement.
28 Agenda Item #7.A.14 Mar 2022Page 60 of 106
Attachment A
Budget and Scope of Work
STATEMENTOF PURPOSE!
The purpose of this Scope of Work is to improve drainage in the area of Mary Street in Atlantic Beach,
DuvalCounty,Florida,funded through the Hazard MitigationGrant Program (HMGP)DR-4468-O14-R,as
approved by the Florida Division of Emergency Management (Division)and the Federal Emergency
Management Agency (FEMA).
The Sub-Recipient,City of Atlantic Beach,shall conduct Phase l of this project,which includes the
preliminary engineering designs and calculations,surveys,permitting,and notices.No construction
activities are approved at this time.The Sub-Recipient shall complete the Phase Iwork inaccordance with
all applicable federal,state and local laws,regulations and codes.
PROJECTOVERVIEW:
As a Hazard MitigationGrant Program project,the Sub-Recipient proposes to improve the drainage of the
Mary Street area between Dutton Island Road West and Mary Street to the intersection of Mary Street
and Stewart Street,located in AtlanticBeach,Florida 32233.Coordinates (30.3404,-81.4208).
The scope of work is for Phase I only,which includes but is not limitedto surveying,engineering,design,
plans preparation,permitting and bidding for the proposed project,for Phase ll approval.No construction
activities for this project have been approved.
When completed,the Sub-Recipient shall provide deliverables for Phase ll review of the following
proposed activities.
The Phase ll proposed scope of work shall improve the drainage in the area by increasing the hydraulic
connectivity of the stormwater system.The project shall include the installation of new 12"RCP pipe
under Stewart Street at each side of Mary Street,regrading and expansion of swales,replacement of
the outfall culvert northwest of Mary Street,and replacement and construction of new culverts under the
driveways.Additionally,the proposal shall contain the necessary roadway and driveway asphalt
restoration.The improvements shall increase the discharge capacity of the system inthe area,reducing
flooding to private homes and to the roads,which makes them impassable for residents and emergency
vehicles.
The project shall be designed to provide protection against a 100-year storm event.Activitiesshall be
completed in strict compliance withFederal,State and Local applicable Rules and Regulations.
TASKS8:DELIVERABLESI
A)Tasks:
1)The Sub-Recipient shall procure the services ofa qualified and licensed Floridacontractor and execute
a contract withthe selected bidderto complete the Phase l scope ofworkas approved by the Division
and FEMA.The Sub-Recipient shall select the qualified,licensed Floridacontractor in accordance
Allprocurement activities shall contain sufficientsource documentation and be in accordance with allapplicableregulations.The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite forthedurationofthework.The contractor shall maintain all areas in a neat and presentable condition.29 Agenda Item #7.A.14 Mar 2022Page 61 of 106
The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from
participating infederally funded projects.
The selected contractor shall have a current and valid occupational license/business tax receipt issued
for the type of services being performed.The Sub-Recipient shall provide documentation
demonstrating the results ofthe procurement process.This shall include a rationale forthe method of
procurement and selection of contract type,contractor selection and/or rejection and bidtabulationand
listing,and the basis of contract price.
The Sub—Recipient shall provide an executed “Debarment,Suspension,lneligibility,Voluntary
ExclusionForm”for each contractor and/or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Divisionbythe Sub-
Recipient.
The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform
services.The Sub—Recipientshall provide a copy of a current and valid occupational license or
business tax receipt issued for the type of services to be performed by the selected contractor.
The Sub-Recipient shall monitor and manage the Phase Iportion ofthis project inaccordance withthe
Hazard Mitigation Grant Program application and supporting documentation as submitted to the
Divisionand subsequently approved by the Division and FEMA.The Divisionand FEMAshall render
a Phase ll determination upon completion of the review of Phase I deliverables.No construction
activities are approved at this time.The Sub-Recipient shall ensure that allapplicable state,localand
federal laws and regulations are followed and documented,as appropriate.
Phase I consists of fees;for conducting survey,drainage study,engineering,design,public notices,
and/or permitting associated with the modification(s)needed to upgrade the drainage.Verification of
upstream and downstream impacts shall be necessary for determining project eligibility.
AllPhase Iwork shall be completed in accordance with allapplicable state,local and federal laws and
regulations and documented,as appropriate.
Upon completion of Task 2,the Sub-Recipient shall submit the following documents with sufficient
supporting documentation and provide a summary of all scope of work changes,ifany.
a)Two sets of engineering Signed/Sealed final design and analysis,surveying,and Hydrologicand
Hydraulic(H&H)Studies.
b)Construction Plans /bid documents.
0)Revised cost estimate for Phase ll—construction (include Phase l costs),to implement the design
project.
d)Design documents shall provide a detailed description which includes specifics on project scope
of work,depth and extent of ground disturbance at allconstruction locations of the project.
e)Color maps including topographical,aerial,and ground disturbance.
f)Color photographs of the project area and areas of ground disturbance.
g)Copy of all environmentalpermits or applications;any obtained from the Florida Department of
project implementation actions.h)Copy of the United States Army Corps of Engineers (USACE)permit or No Permit Requirednotification.i)Any other documentationrequested by the Division,not limitedto Project Conditions andRequirementsherein.30 Agenda Item #7.A.14 Mar 2022Page 62 of 106
3)During the course of this agreement,the Sub~Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and local share)related to the project.in some cases,all project activities may not be fullycomplete
prior to requesting reimbursement of costs incurred in completion of this scope of work;however,a
partial reimbursement may be requested.
The Sub-Recipient shall submit an Affidavitsigned bythe Sub-Recipient’s project personnel with each
reimbursement request attesting to the completion of the work,that disbursements or payments were
made in accordance with all agreement and regulatory conditions,and that reimbursement is due and
has not been previously requested.
The Sub-Recipient shall maintain accurate time records.The Sub-Recipient shall ensure invoices are
accurate and any contracted services were rendered withinthe terms and timelinesof this agreement.
Allsupporting documentation shall agree with the requested billing period.Allcosts submitted for
reimbursement shall contain adequate source documentation which may include but not be limitedto:
cancelled checks,bank statements,Electronic Funds Transfer,paid billsand invoices,payrolls,time
and attendance records,contract and subcontract award documents.
Direct Expenses:The Sub-Recipient shall pre~auditbills,invoices,and/or charges submitted by the
contractors and subcontractors and pay the contractors and subcontractors for approved bills,invoices,
and/or charges.Sub-Recipient shall ensure that all contractor/subcontractor bills,invoices,and/or
charges are legitimate and clearly identify the activities being performed and associated costs.
Sub-Recipient Management Costs (SRMC)expenditure must adhere to FEMA Policy #104-11-‘l
HMGP Management Costs (interim)signed November 14,2018.FEMAdefines management costs
as any:indirect costs,Direct administrativecosts,and other administrative expenses associated with
a specific project.Administrativecosts are expenses incurred by a Sub-Recipient in managing and
administering the federal award to ensure that federal,state requirements are met including:
solicitation,development,review,and processing of sub-applications;delivery of technical assistance;
quarterly progress and fiscal reporting;project monitoring;technical monitoring;compliance activities
associated with federal procurement requirements;documentation of quality of work verification for
quarterly reports and closeout;payment of claims;closeout review and liquidation;and records
retention.
Any activities that are directly related to a project are not eligible under management costs.For
example,architectural,engineering,and design services are project costs and cannot be included
under management costs.Similarly,construction management activitiesthat manage,coordinate,and
supervise the construction process from project scoping to project completion are project costs.These
activitiescannot be included under management costs.
Due to Strategic Funds Management (SFM),SRMC interim Policy requires management costs to be
obligated in increments sufficient to cover Sub-Recipient needs,for no more than one year,unless
contractual agreements require additionalfunding.FEMA has established a threshold where annual
increments willbe applied to larger awards allowing smaller awards to be fullyobligated.Obligations
willbe handled by the size of the total subaward.
The Sub-Recipient shall pre-audit all SRMCsource documentation —-personnel,fringe benefits,travel,
equipment,supplies,contractual,and indirect costs.A brief narrative is required to identify what the
funds willbe used for.Documentation shall be detailed and clearly describe each approved task
shown on the Personnel ActivityForm,and all Personnel or Contractual SRMC shall be invoicedseparatefromallotherprojectcosts.Project Management Expenses (only applies to disasters prior to August 1,2017,allothers adhere toFEMAPolicy#104-11-1 for SRMC):The Sub-Recipient shall pre-audit source documentation such aspayrollrecords,project time sheets,attendance logs,etc.Documentationshall be detailed informationdescribingtasksperformed,hours devoted to each task,and the hourly rate charged for each hour31 Agenda Item #7.A.14 Mar 2022Page 63 of 106
including enough information to calculate the hourly rates based on payroll records.Employee benefits
shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further,the Division shall ensure that no unauthorized work was completed prior to the approved
project start date by verifying vendor and contractor invoices.The Division shall verify that reported
costs were incurred in the performance of eligiblework,that the approved work was completed,and
that the mitigation measures are in compliance with the approved scope of work prior to processing
any requests for reimbursement.
Review and approval of any third-party in—kindservices,ifapplicable,shall be conducted bythe Division
incoordination with the Sub-Recipient.
Quarterly reports shall be submitted by the Sub-Recipient and received by the Division at the times
provided in this agreement prior to the processing of any reimbursement.
The Sub-Recipient shall submit to the Division requests for reimbursement of actual Phase I costs
related to the project as identified inthe project application and this scope of work.The Requests for
Reimbursement (RFR)shall include:
a)Contractor,subcontractor,and/or vendor invoices which clearly display dates of services
performed,description of services performed,location of services performed,cost of services
performed,name of service provider and any other pertinent information;
b)Proof of payment from the Sub-Recipient to the contractor,subcontractor,and/or vendor for
invoiced services;
c)Clear identification of amount of costs being requested for reimbursement as well as costs
being applied against the local match amount.
The Sub-Recipient‘s Request for Reimbursement shall include the final Phase l project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid.
B)Deliverables:
Mitigation Activities consist of Phase l activities,which include engineering,designing,plans
preparation,permitting and bidding for the proposed project,for Phase ll approval,and to implement
measures to improve the drainage of the Mary Street area between Dutton Island Road West and
Mary Street to the intersection of Mary Street and Stewart Street,located in AtlanticBeach,Florida
32233.
The project shall be designed to provide protection against a 100-year storm event.Activitiesshall be
completed instrict compliance with Federal,State and Localapplicable Rules and Regulations.
Providedthe Sub-Recipient performs inaccordance withthe Scope of Work outlined inthis Agreement,
the Divisionshall reimburse the Sub-Recipient based on the percentage of overall project completion.
PROJECTCONDITIONSANDREQUIREMENTS:
C)
damages to be mitigated (commensurate with the level of funding requested).The H&Hstudy shallcontainatleast3scenarios,where one represents the level of protection;under each scenario,theSub-Recipient must identify the losses before and after mitigation (structural,content,displacement,road closure duration,or any other needed to show the improvements after the mitigation project isimplemented).This includes,but is not limitedto,the existing and proposed hydrology and hydraulicsforthelevelofeventbeingmitigated.32 Agenda Item #7.A.14 Mar 2022Page 64 of 106
2)
3)
D)
1)
4)
Demonstrate mitigation effectiveness,in part,by showing the physical |ocation(s)and elevation(s)of
the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the
same plan.
Submit a refined cost estimate,to includefinal Phase I Fees and Phase ll Construction Materialsand
Labon
Environmental:
Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and
other Laws and Executive Orders.
Acceptance of federal funding requires the Sub-Recipient to comply with all federal,state,and local
laws.Failure to obtain all appropriate federal,state,and local environmental permits and clearances
may jeopardize federal funding.
Meet all required Environmental laws and policies,and all necessary Environmental compliance
documents shall be obtained as applicable.
United States Army Corps of Engineers (USACE):Consultation with the USACE is required.A
permit or No Permit Required shall be submitted.
a)
b)Copy of all environmental permits or applications;any obtained from the Florida Department of
Environmental Protection (FDEP),and/or local Water Management District (WMD)shall be
submitted.Any conditions for compliance shall be included inthe final design plans,narrative,and
project implementation actions.
HistoricalPreservation compliance documents shall be obtained.Review documentation required:
a)Color maps including topographical and aerial with the project location clearly marked.
b)Color photographs of any area with ground disturbance (electronic).
c)indicate ifproject site is located within a designated historic districtor historic neighborhood.
Tribal Consultation shall be required for proposed ground disturbing activities.The following
documents shall be required and submitted as part of deliverables:
Color ground disturbance maps showing the fullextent of the project footprint and depth of ground
disturbance.Geographic latitude/longitude (decimal degree format)of the proposed construction
areas and staging areas.
a)
b)
C)
d)Any available studies that may have taken place on the property.
Phase l of this project is approved with the condition that the above list of deliverables shall be
submitted for review and approval by the Divisionand FEMAbefore Phase IIis considered.
Previous and current use of proposed project area.
Any known site work or historic uses for the proposed location.
No constructionwork may begin until Phase ll is approved by the Divisionand FEMA.
Programmatic:
the budget implications.The Sub-Recipient must notifythe Divisionas soon as significant developments become known,suchasdelaysoradverseconditionsthatmightraisecostsordelaycompletion,or favorable conditionsallowinglowercostsorearliercompletion.33 Agenda Item #7.A.14 Mar 2022Page 65 of 106
9)
The Sub-Recipient must “obtain prior written approval for any budget revision which would result ina
need for additional funds”[44 CFR 13(c)],from the Divisionand FEMA.
A Public Notice shall be published to notify interested parties of the proposed activity.Notices shall be
published in a manner that anyone that may be affected or interested in this project has access to the
posting,using the Divisiontemplate,as applicable.
Any extension of the Period of Performance shall be submitted to FEMA60 days priorto the expiration
date.Therefore,any request for a Period of Performance Extension shall be in writing and submitted,
along with substantiation of new expiration date and a new schedule ofwork,to the Divisiona minimum
of seventy (70)days prior to the expiration date,for Divisionprocessing to FEMA.
A copy ofthe executed subcontract agreement must be forwarded to the Divisionwithin 10 days of
execution.
Phase l —Design of this project is approved with the conditionthat the enclosed list of deliverables
shall be submitted,30 days prior to the Period of Performance date,for review and approval by the
Division,for submittal to FEMA before Phase ll—Construction is considered.
When Phase Iis completed,the Sub-Recipient must provide 100%completed designs,calculations,a
full set of signed and sealed plans and,permits for a Phase ll review.A final BCA using developed
technical data and study results willtake place.The data inputs to the final BCAfor Phase ll approval,
must be based on the inputs and outputs of a hazard related study such as erosion,Hydraulic &
Hydrologicstudy,damage calculations,road closures,etc.No assumptions or historical damage will
be acceptable for final BCA of Phase llapproval.No construction activitiesfor this project have been
approved.
The Sub~Recipient must avoid duplication of benefits between the HMGP and any other form of
assistance,as required by Section 312 of the Stafford Act,and further clarificationin 44 CFR 206.191.
10)Per FEMA Hazard Mitigation Assistance Guidance Part VI,D.3.4 —Contingency funds are not
automatically available for use.Prior to their release,contingency funds must be re-budgeted to
another direct cost category and identified.Post—awardchanges to the budget require prior written
approval from the Division (FDEM).The written request should demonstrate what unforeseen
condition related to the project arose that required the use of contingency funds.
11)Sub-Recipient Management Costs (SRMC),implemented under the Disaster Relief and Recovery Act
of 2018 (DRRA),amended Section 324 of the StaffordAct,and the Hazard MitigationGrant Program
Management Costs (interim)FEMA Policy 104-11-1,provides 100%federal funding under HMGP to
Sub-Recipients to efficiently manage the grant and complete activitiesin a timely manner.
a)SRMC must conform to 2 CFR Part 200,Subpart E,applicable program regulations,and Hazard
MitigationAssistance (HMA)Guidance (2015),ensuring costs are reasonable,allowable,allocable
and necessary to the overallproject.
b)Funding is for approved indirect costs,direct administrative costs,and administrative expenses
associated with this specific project and shall have adequate documentation.
c)SRMC cannot exceed 5%ofthe total project costs awarded.
d)SRMC is 100%federally funded and willbe reimbursed based on actual costs incurred for each
Request Reimbursement (RFR)submittedwith the required documentation.
f)Ifthe Final Project Reconciliationresults in a reduction of total project costs,any resulting SRMCoverpaymentshallbereimbursedbacktotheStateforreturntoFEMApriortoFEMACloseout.34 Agenda Item #7.A.14 Mar 2022Page 66 of 106
This is FEMAproject number4468-014-R.it isfunded under HMGP,FEMA-4468—DR-FLand must adhere
to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement
for Disaster 4468.
FEMAawarded this project on August 17,2021 ;this Agreement shall begin upon execution byboth parties,
and the Period of Performance for this project shall end on November 30,2022.
F)Financial Conseguences:
Ifthe Sub-Recipient fails to comply with any term of the award,the Division shall take one or more of the
following actions,as appropriate inthe circumstances:
1)Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient;
2)Disallowall or part of the cost of the activityor action not incompliance;
3)Wholly or partly suspend or terminate the current award for the Sub-Recipient’s program;
4)Withhold further awards for the program;or
5)Take other remedies that may be legally available.
SCHEDULEOF WORK
Phase I-
State Contracting:3 Months
Bidding /Local Procurement:2 Months
Design Specifications:6 Months
Permitting /Survey:2 Months
Deliverables Submitted to FDEM:2 Months
Total Period of Performance:15 Months
35 Agenda Item #7.A.14 Mar 2022Page 67 of 106
BUDGET
Line Item Budget*
Phase I Project Cost Federal Cost Non-Federal Cost
Materials:$0.00 $0.00 $0.00
Labor:$0.00 $0.00 $0.00
Fees:$71 ,892.00 $53,739.25 $18,152.75
InitialAgreement Amount:$71,892.00 $53,739.25 $18,152.75
***ContingencyFunds:$2,516.00 $1,880.71 $635.29
Project Total:$74,408.00 $55,619.96 $18,788.04
****SRMC
SRMC:$3,708.00 $3,708.00
SRMC Total:$3,708.00 $3,708.00
*Any line item amount in this Budget may be increased or decreased 10%or less,with the Division’s
approval,without an amendment to this Agreement being required,so long as the overall amount of the
funds obligated under this Agreement is not increased.
***This project has an estimated $2,516.00 in contingency funds.Per FEMA Hazard Mitigation
Assistance Guidance Part VI,D.3.4 —Contingency funds are not automatically available for use.Prior to
their release,contingency funds must be re-budgeted to another direct cost category and identified.Post-
award changes to the budget require prior writtenapproval from the Division(FDEM).The written request
should demonstrate what unforeseen condition related to the project arose that required the Lise of
contingency funds.
Project Management costs are included for this project in the amount of $0.00
****Sub-Recipient Management Costs (SRMC)are included for this project in the amount of
$3,708.00 in Federal funding.Per the Hazard Mitigation Grant Program Interim FEMA Policy 104-11-1,
SRMC provides HMGP funding to Sub-Recipients to efficiently manage the grant and complete activities
in a timely manner.SRMC mL/stconform to 2 CFR Part 200,Subpan‘E,ensuring costs are reasonable,
allowable,allocable and necessary to the overall project.
SRMC cannot exceed 5%of the approved total project costs awarded and shall be reimbursed at 5%for
each Request for Reimbursement (RFR)submitted with the required documentation.
If the Final Project Reconciliation results in a reduction of total project costs,any resulting SRMC
overpayment shall be reimbursed back to the State for return to FEMAprior to FEMA Closeout.
Funding Summary Totals
(74.749971375%)
Total Project Cost:$74,408.00 (100.00%)SRMC (100%Federal)$3,708.0036 Agenda Item #7.A.14 Mar 2022Page 68 of 106
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard MitigationGrant Program (HMGP)are generally
governed by the following statutes and regulations:
(1)The Robert T.Stafford Disaster Relief and Emergency Assistance Act;
(2)44 C.F.R.Parts 7,9,10,13,14,17,18,25,206,220,and 221,and any other applicable
FEMAmpolicymemoranda and guidance documents;
(3)State of FloridaAdministrativePlan for the Hazard MitigationGrant Program;
(4)Hazard MitigationAssistance Guidance—February 27,2015 Update;and
(5)Allapplicable laws and regulations delineated in Attachment C of this Agreement.
in addition to the above statutes and regulations,the Sub-recipient must comply with the
following:
The Sub-recipient shall fullyperform the approved hazard mitigation project,as described inthe
Application and Attachment A (Budget and Scope of Work)attached to this Agreement,inaccordance
with approved scope of work indicated therein,the estimate of costs indicatedtherein,the allocation of
funds indicated therein,and the terms and conditions of this Agreement.The Sub~recipient shall not
deviate from the approved project and the terms and conditions of this Agreement.The Sub-recipient
shall comply withany and allapplicable codes and standards in performing work funded under this
Agreement,and shall provide any appropriate maintenance and security for the project.
Any development permit issued by,or development activity undertaken by,the Sub-recipient and
any land use permitted by or engaged in by the Sub-recipient,shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to chapter 163,
Part ll,FloridaStatutes.Funds shall be expended for,and development activities and land uses
authorized for,only those uses which are permitted under the comprehensive plan and land development
regulations.The Sub-recipient shall be responsible for ensuring that any development permit issued and
any development activity or land use undertaken is,where applicable,also authorized by the Water
Management District,the Florida Department of EnvironmentalProtection,the Florida Department of
Health,the FloridaGame and Fish Commission,and any Federal,State,or localenvironmental or land
use permitting authority,where required.The Sub-recipient agrees that any repair or construction shall
be in accordance with applicable standards of safety,decency,and sanitation,and inconformity with
applicable codes,specifications and standards.
The Sub-recipient willprovide and maintaincompetent and adequate engineering supervision at
the construction site to ensure that the completed work conforms withthe approved plans and
specifications and willfurnish progress reports and such other informationto HMGP as may be required.
project,then the Sub-recipient shall ensure that,as a condition offunding under this Agreement,theowneroftheaffectedrealpropertyshallrecordinthepublicrecordsofthecountywhereitislocated thefollowingcovenantsandrestrictions,which shall run with and apply to any property acquired,accepted,orfromwhichastructurewillberemovedpursuanttotheproject.37 Agenda Item #7.A.14 Mar 2022Page 69 of 106
(2)
(3)
(4)
(5)
The property willbe dedicated and maintained in perpetuity for a use that is compatible
with open space,recreational,orwetlands management practices;
No new structure willbe erected on property other than:
a.a public facilitythat is open on all sides and functionally related to a designed open
space;
b.a restroom;or
A structure that the Directorof the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
After the date of the acquisition or relocation no application for disaster assistance for any
purpose willbe made to any Federal entity and no disaster assistance willbe provided for
the property by any Federal source;and
ifany of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner,fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal improvement Trust Fund of the State of
Floridawithout further notice to the owner,its successors and assigns,and the owner,its
successors and assigns shall forfeit all right,titleand interest in and to the property.
HMGP Contract Manager willevaluate requests for cost overruns and submit to the regional
Director written determinationof cost overrun eligibility.Cost overruns shall meet Federal regulations set
forth in 44 C.F.R.§206.438(b).
The NationalEnvironmentalPolicyAct (NEPA)stipulates that additions or amendments to a
HMGP Sub-Recipient Scope of Work (SOW)shall be reviewed by allState and Federal agencies
participating inthe NEPA process.
As a reminder,the Sub-recipient must obtain priorapproval from the State,before implementing
changes to the approved project Scope of Work (SOW).Per the UniformAdministrativeRequirements for
Grants and Cooperative Agreements to State and LocalGovernments:
(1)
(2)
(3)
For Construction projects,the grantee must “obtain priorwritten approval for any budget
revisionwhich result ina need for additionalfunds”(2 C.F.R.§200.308);
A change in the Scope of Work must be approved by FEMAin advance regardless of the
budget implications;and
The Sub-recipient must notifythe State as soon as significant developments become
known,such as delays or adverse conditions that might raise costs or delay completion,
or favorable conditions allowing lower cost or earlier completion.Any extensions of the
period of performance must be submitted to FEMAsixty (60)days priorto the project
expiration date.
The Sub-recipient assures that itwillcomplywith the following statutes and regulations to the
extent applicable:
/\/\/\/\/\/\/\/\®\I O)01 -5 (.0 l\)—\\-/\-/\-/\-/2/é\_/S Section 1352,Title 31,US CodeChapter473,Florida StatutesChapter215,Florida StatutesSection768.28,FloridaStatutesChapter119,Florida StatutesSection216.181(6),Florida Statutes38 Agenda Item #7.A.14 Mar 2022Page 70 of 106
(9)Cash Management Improvement Act of 1990
(10)American with DisabilitiesAct
(11)Section 112.061,FloridaStatutes
(12)immigration and NationalityAct
(13)Section 286.011,FloridaStatutes
(14)2 C.F.R.Part 200 —UniformAdministrativeRequirements,Cost Principles,and Audit
Requirements for Federal Awards
(15)Uniform Relocation Assistance and Real Property Acquisitions Actof 1970
(16)Title I of the Omnibus Crime Controland Safe Streets Act of 1968
(1?)Juvenile Justice and Delinquency Prevention Act,or the Victims of Crime Act
(18)Omnibus Crime Control and Safe Streets Act of 1968,as amended
(19)Victims of Crime Act (as appropriate)
(20)Section 504 of the RehabilitationAct of 1973,as amended
(21)Subtitle A,Title ll of the Americans with DisabilitiesAct (ADA)(1990)
(22)Department of Justice regulations on disabilitydiscrimination,28 C.F.R.,Part 35 and
Part 39
(23)42 U.S.C.5154a
39 Agenda Item #7.A.14 Mar 2022Page 71 of 106
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement,the Sub-recipient certifies that:
(8)
(b)
(d)
(6)
(f)
It possesses legal authority to enter into this Agreement and to carry out the proposed program;
Its governing body has dulyadopted or passed as an officialact of resolution,motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (DEM),including all understandings and assurances contained init,
and directing and authorizing the Sub-recipient’s chief administrative officer or designee to act in
connection with the application and to provide such additionalinformationas may be required;
No member of or delegate to the Congress of the United States,and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit.No member,officer,or
employee of the Sub-recipient or its designees or agents,no member of the governing body of
the localityin which this program is situated,and no other public official of the locality or localities
who exercises any functions or responsibilities with respect to the program during his tenure or
for one year after,shall have any interest,direct or indirect,in any contract or subcontract,or the
proceeds,for work be performed in connection with the program assisted under this Agreement.
The Sub-recipient shall incorporate,inall contracts or subcontracts a provision prohibitingany
interest pursuant to the purpose stated above;
AllSub-recipient contracts for which the State Legislature is in any part a funding source,shall
contain language to provide for terminationwith reasonable costs to be paid by the Sub-recipient
for eligible contract work completed priorto the date the notice of suspension of funding was
received by the Sub-recipient.Any cost incurredafter a notice of suspension or termination is
received by the Sub-recipient may not be funded withfunds provided under this Agreement
unless previously approved inwriting by the Division.AllSub-recipient contracts shall contain
provisions for terminationfor cause or convenience and shall provide for the method of payment
in such event;
it willcomply with:
(1)Contract Work Hours and Safety Standards Act of 1962,40 U.S.C.327 et seq.,requiring
that mechanics and laborers (including watchmen and guards)employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic
wage rates for allhours worked inexcess of forty hours in a work week;and
(2)Federal Fair Labor Standards Act,29 USC.Section 201 et seq.,requiring that covered
employees be paid at least minimumprescribed wage,and also that they be paid one
and one-half times their basic wage rates for allhours worked inexcess of the prescribed
work—week.
itwillcomply with
thereto,which provides that no person in the United States shall on the grounds of race,color,or national origin,be excluded from participation in,be denied the benefits of,or beotherwisesubjectedtodiscriminationunderanyprogramoractivityforwhichtheSub-recipient received Federal financial assistance and willimmediately take any measuresnecessarytoeffectuatethisassurance.ifany real property or structure thereon isprovidedorimprovedwiththeaidofFederalfinancialassistanceextendedtotheSub-40 Agenda Item #7.A.14 Mar 2022Page 72 of 106
recipient,this assurance shall obligate the Sub-recipient,or inthe case of any transfer of
such property,any transferee,for the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended,or for another
purpose involvingthe provision of similarservices or benefits;
(2)Any prohibition against discriminationon the basis of age under the Age Discrimination
Act of 1975,as amended (42 U.S.C.6101-6107)which prohibits discriminationon the
basis of age or with respect to otherwise qualifies handicapped individualsas provided in
Section 504 of the RehabilitationAct of 1973;
(3)Executive Order 11246,as amended by Executive Orders 11375 and 12086,and the
regulations issued pursuant thereto,which provide that no person shall be discriminated
against on the basis of race,color,religion,sex or nationalorigin in all phases of
employment during the performance of federal or federally assisted construction
contracts;affirmative action to insure fair treatment in employment,upgrading,demotion,
or transfer;recruitment or recruitment advertising;layoff/termination,rates of pay or other
forms of compensation;and election for training and apprenticeship;
Itwillestablish safeguards to prohibitemployees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularlythose with whom they have family,business,or other ties pursuant to section 112.313
and section 112.3135,Florida Statutes;
Itwillcomply with the Anti-KickbackAct of 1986,41 U.S.C.Chapter 87 which outlaws and
prescribes penalties for “kickbacks”ofwages in federally financed or assisted construction
activities;
it willcomplywith the provisions of 5 U.S.C.7323 (further known as the Hatch Act)which limits
the politicalactivities of employees;
it willcomply with the ?ood insurance purchase and other requirements of the FloodDisaster
Protection Act of 1973,as amended,42 U.S.C.50,including requirements regarding the
purchase of ?ood insurance in communitieswhere such insurance is available as a condition for
the receipt of any Federal financial assistance forconstruction or acquisition purposes for use in
any area having special flood hazards.The phrase “Federal financial assistance”includes any
form of loan,grant,guaranty,insurance payment,rebate,subsidy,disaster assistance loan or
grant,or any other form of direct or indirect Federal assistance;
For sites located withinSpecial Flood Hazard Areas (SFHA),the Sub-recipient must include a
FEMAModelAcknowledgement of Conditions of Mitigationof Property ina Special FloodHazard
Area with FEMAGrant Funds executed by the title holder with the closeout request verifying that
certain SFHA requirements were satisfied on each of the properties.The Model
Acknowledgement can be found at wvvw.fema.gov/governmenta/grant/sfha_conditions.shtm
Itwillrequire every buildingor facility (other than a privately owned residential structure)
designed,constructed,or altered withfunds provided under this Agreement to comply with the
“UniformFederal AccessibilityStandards,”(AS)which is Appendix A to 41 C.F.R.Section 101-
The Sub-recipient willbe responsible for conducting inspections tospecificationsbythecontractor;it will,in connection with its performance of environmental assessments under the NationalEnvironmentalPolicyActof1969,comply withSection 106 of the National HistoricPreservationActof1966(54 U.S.C.),Executive Order 11593,36 C.F.R.,Part 800,and the Preservation ofArchaeologicalandHistoricalDataActof1966(54 U.S.C.3125)by:41 Agenda Item #7.A.14 Mar 2022Page 73 of 106
(1)
(2)
(3)
(4)
(5)
(5)
Consulting withthe State Historic Preservation Officeto identifyproperties listed in or
eligible for inclusioninthe National Register of HistoricPlaces that are subject to adverse
effects (see 36 C.F.R.,Section 800.8)by the proposed activity;and
Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
Abiding by the terms and conditions of the “Programmatic Agreement Among the
Federal Emergency Management Agency,the Florida State Historic Preservation
Office,the Florida Division of Emergency Management and the Advisory Council
on Historic Preservation,(PA)”whichaddresses roles and responsibilities of Federal
and State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA),54 U.S.C.,and implementing regulations in36 C.F.R.,Part 800.
When any of the Sub-recipient's projects funded under this Agreement may affect a
historicproperty,as defined in 36 C.F.R.,Part 800.16 (l)(1),the Federal Emergency
Management Agency (FEMA)may require the Sub-recipient to review the eligible scope
of work inconsultation with the State Historic Preservation Office (SHPO)and suggest
methods of repair or construction that willconform with the recommended approaches
set out inthe Secretary of |nterior’s Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards),the Secretary of the |nterior’s
Guidelines for Archeological Documentation (Guidelines)(48 Federal Register
44734-37),or any other applicable Secretary of Interior standards.if FEMAdetermines
that the eligible scope of work willnot conform withthe Standards,the Sub-recipient
agrees to participate in consultations to develop,and after execution by all parties,to
abide by,a written agreement that establishes mitigation and recondition measures.
including but not limitedto,impacts to archeological sites,and the salvage,storage,and
reuse of any significant architecturalfeatures that may otherwise be demolished.
The Sub-recipient agrees to notify FEMAand the Division ifany project funded under this
Agreement willinvolveground disturbing activities,including,but not limitedto:
subsurface disturbance;removal of trees;excavation of footings and foundations,and
installationof utilities(such as water,sewer,storm drains,electrical,gas,leach lines and
septic tanks)except where these activitiesare restricted solely to areas previously
disturbed by the installation,replacement or maintenance of such utilities.FEMA will
request the SHPO’s opinion on the potential that archeological properties may be present
and be affected by such activities.The SHPO willadvise the Sub-recipient on any
feasible steps to be accomplished to avoid any NationalRegister eligible archeological
property or willmake recommendations for the development of a treatment plan for the
recovery or archeological data from the property.
Ifthe Sub-recipient is unable to avoid the archeological property,develop,in consultation
withSHPO,a treatment plan consistent withthe Guidelines and take into account the
Advisory Council on Historic Preservation (Council)publication“Treatment of
Archeological Properties”.The Sub-recipient shall forward informationregarding the
treatment plan to FEMA,the SHPO and the Council for review.ifthe SHPO and the
Council do not object withinfifteen (15)calendar days of receipt of the treatment plan,
resolved.The Sub-recipient shall notifythe Divisionand FEMAas soon as practicable:(a)of anychangesintheapprovedscopeofworkforaNationalRegistereligibleorlistedproperty;(b)of all changes to a project that may result in a supplemental DSR or modify a HMGPprojectforaNationalRegistereligibleorlistedproperty;(c)ifitappears that a projectfundedunderthisAgreementwillaffectapreviouslyunidentifiedpropertythatmaybe42 Agenda Item #7.A.14 Mar 2022Page 74 of 106
(m)
(D)
(<1)
(i)
eligible for inclusion inthe National Register or affect a known historic property inan
unanticipated manner.The Sub-recipient acknowledges that FEMAmay require the Sub-
recipient to stop construction in the vicinityof the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property inan unanticipated manner.The Sub-
recipient further acknowledges that FEMAmay require the Sub-recipient to take all
reasonable measures to avoid or minimize harm to such property until FEMAconcludes
consultation withthe SHPO.The Sub-recipient also acknowledges that FEMAwill
require,and the Sub-recipient shali complywith,modifications to the project scope of
work necessary to implement recommendations to address the project and the property.
The Sub-recipient acknowledges that,unless FEMAspecifically stipulates otherwise,it
shali not receive funding for projects when,with intent to avoid the requirements of the
PA or the NHPA,the Sub-recipient intentionally and significantlyadversely affects a
historicproperty,or having the legal power to prevent it,allowed such significant adverse
effect to occur.
it willcomply with applicable provisions of the following laws and policies prohibiting
discrimination:
TitleVIof the CivilRights Act of 1964,as amended,which prohibits discriminationbased
on race,color,or national origin (including limited English proficiency).
Section 504 of the RehabilitationAct of 1973,as amended,which prohibitsdiscrimination
based on disability.
Title IXof the Education Amendments Act of 1972,as amended,which prohibits
discriminationbased on sex ineducation programs or activities.
Age DiscriminationAct of 1975,which prohibitsdiscriminationbased on age.
U.S.Department of Homeland Security regulation 6 C.F.R.Part 19,which prohibits
discriminationbased on religion insocial service programs.
itwillcomply with Title lXof the Education Amendments of 1972,as amended (20 U.S.C.1681-
1683 and 1685-1686)which prohibits discrimination on the basis of sex;
itwillcomply withthe Comprehensive AlcoholAbuse and AlcoholismPrevention,Treatment and
RehabilitationAct of 1970,(42 U.S.C.4541-45-94)relating to nondiscriminationon the basis of
alcohol abuse or alcoholism;
Itwillcomply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.290 dd-3 and
290 ee-3),as amended,relating to confidentialityof alcohol and drug abuse patient records;
Itwillcomplywith Lead-Based Paint Poison Prevention Act (42 U.S.C.4821 et seq.)which
prohibits the use of lead based paint in construction of rehabilitationor residentialstructures;
itwillcomplywiththe Energy Policy and Conservation Act (P.L.94-163;42 U.S.C.6201-6422),
Energy Conservation Plan adopted pursuant thereto;
itwillcomplywith the Laboratory AnimalWelfare Act of 1966,(7 U.S.C.2131-2159),pertaining tothecare,handling,and treatment of warm blooded animals held for research,teaching,or otheractivitiessupportedbyanawardofassistanceunderthisAgreement;itwillcomply withTitle Vlllof the Civil Rights Act of 1968,(42 U.S.C 2000c and 42 U.S.C.3601-3619),as amended,relating to non-discriminationinthe sale,rental,or financing of housing,and43 Agenda Item #7.A.14 Mar 2022Page 75 of 106
(aa)
(bb)
(00)
(dd)
lee)
(ff)
(99)
(M1)
Title Vi of the Civil Rights Act of 1964 (PL.88-352),which prohibits discrimination on the basis of
race,color or national origin;
Itwillcomply withthe Clean AirAct of 1955,as amended,42 U.S.C.7401-7675;
Itwillcomplywiththe Clean Water Act of 1977,as amended,33 U.S.C.1251-1388
itwillcomply withthe endangered Species Act of 1973,16 U.S.C.1531-1544;
itwillcomply withthe Intergovernmental Personnel Act of 1970,42 U.S.C.4701-4772;
Itwillassist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966,as amended,54 U.S.C.;
itwillcomply withenvironmental standards whichmay be prescribed pursuant to the National
EnvironmentalPolicyAct of 1969,42 U.S.C.4321-4347;
itwillassist the awarding agency in assuring compliance with the Preservation ofArcheological
and Historical Preservation Act of 1966,16 U.S.C.54 U.S.C.3125
itwillcomply with the Rehabilitation Act of 1973,Section 504,29 U.S.C.794,regarding non-
discrimination;
itwillcomply with the environmental standards which may be prescribed pursuant to the Safe
DrinkingWater Act of 1974,42 U.S.C.300f-300]-27,regarding the protection of underground
water sources;
itwillcomply with the requirements of Titles ii and ill of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970,42 U.S.C.4621-4638,which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs;
Itwillcomply with the Wildand Scenic Rivers Act of 1968,16 U.S.C.1271-1287,related to
protecting components or potential components of the national wildand scenic rivers system;
itwillcomplywith the following Executive Orders:EO 11514 (NEPA);EO 11738 (violating
facilities);EO 11988 (Floodplain Management);EO 11990 (Wetlands);and E0 12898
(Environmental Justice);
itwillcomplywiththe Coastal Barrier Resources Act of 1977,16 U.S.C.3501-3510;
Itwillassure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972,16 U.S.C.1451-14674;and
Itwillcomply with the Fish and WildlifeCoordination Act of 1958,16 U.S.C.661-668.
(1)Create and make available documentation sufficient to demonstrate that the Sub-recipient and its demolitioncontractor have sufficient manpower and equipment tocomplywiththeobligationsasoutlinedinthisAgreement.(2)Return the property to its natural state as though no improvements had ever beencontainedthereon.44 Agenda Item #7.A.14 Mar 2022Page 76 of 106
(3)
(4)
(10)
(11)
(12)
Furnish documentation of all qualified personnel,licenses and all equipment necessary to
inspect buildings located in the Sub-recipient’s jurisdiction to detect the presence of
asbestos and lead in accordance with requirements of the U.S.Environmental Protection
Agency,the Florida Department of Environmental Protection and the County Health
Department.
Provide documentation ofthe inspection results for each structure to indicate:
a.Safety Hazard Present
b.HealthHazards Present
c.Hazardous Materials Present
Provide supervision over contractors or employees employed by the Sub-recipient to
remove asbestos and lead from demolished or otherwise applicable structures.
Leave the demolished site clean,level and free of debris.
Notifythe Divisionpromptly of any unusual existing condition which hampers the
contractor's work.
Obtain allrequired permits.
Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wellsand septic tanks located on each site.
Provide documentation of closures.
Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State Energy Conservation Plan issued in compliance withthe Energy
Policy and Conservation Act (Public Law 94-163).
Comply with all applicable standards,orders,or requirements issued under Section 112
and 306 of the Clean AirAct (42 U.S.C.1857),Section 508 of the Clean Water Act (33
U.S.C.1251-1388),Executive Order 11738,and the U.S.EnvironmentalProtection
Agency regulations (40 C.F.R.,Part 15 and 61).This clause shall be added to any
subcontracts.
Provide documentation of public notices for demolitionactivities.
45 Agenda Item #7.A.14 Mar 2022Page 77 of 106
Attachment D
REQUEST FOR ADVANCE OR REIMBURSEMENT
OF HAZARDMITIGATIONASSISTANCE PROGRAM FUNDS
SUB-RECIPIENT:Cityof AtlanticBeach
REMITADDRESS:800 Seminole Road
CITY:AtlanticBeach STATE:Florida ZIP CODE:32233
PROJECT TYPE:Drainage PROJECT #:4468-O14-R
PROGRAM:Hazard MitigationGrant Program CONTRACT#:H0732
APPROVED BUDGET:FEDERALSHARE:MATCH:
ADVANCED RECEIVED:_______N/A __AMOUNT:SETTLED?
Invoice Period:through Payment #:
Total of Previous Payments to Date:(Federal)
Eligibie)6A021ountOblig:tregUFneidera|Obliig:ii<:daNon-Division use oniy
(Current Request)747499713750/0 25,250028625%Approved Comments
TOTAL CURRENT REQUEST:$
By signing this report,Icertify to the best of my knowledge and belief that the report is true,complete,and accurate,
and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth inthe terms and
conditions of the Federal award.Iam aware that any false,?ctitious,or fraudulent information,or the omission of any
material fact,may subject me to criminal,civilor administrative penalties for fraud,false statements,false claims or
otherwise.(US.Code Title 18,Section 1001 and Title31,Sections 3729-3730 and 3801-3812.
SUB-RECIPIENTSIGNATURE:
NAME:TITLEI
TO BE COMPLETEDBYTHEDIVISION
DATE:
APPROVED SRMC TOTAL:$APPROVED FOR PAYMENT $DATEGOVERNOR'SAUTHORIZEDREPRESENTATIVE46 Agenda Item #7.A.14 Mar 2022Page 78 of 106
Attachment D (com.)
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION ASSISTANCE PROGRAM
SUBARECIPIENT:City of Atlantic Beach PAYMENT at:
PROJECT TYPE:Drainage PROJECT #:4468-O14—R
PROGRAM:Hazard Mitigation Grant Program CONTRACT :2:H0732
REF N02 DATE‘DOCUMENTATION 4 (Check)ELIGIB
LEAMOUNTcosTs
(100°/?
1
2
3
4
5
5
7
3
This payment represenzs z.con-Ipletion or the project,TOTAL
2 Recipient's internal Isfsrsnce number (eg,,Invoice,Receipt,Warrant,voucher,C/ailn Check,or #)
3 Dale or delivery of articles,completion of work or performance services.(per document)
"List Documentation (Recipie/71's payroll.materiel out ofreciplent’s stock.recipient owned equipment and
name of vendor or contractor)by category (Matenals,Labor.Fees)and line item in the approved pr
oj
ect
line
item budget.Provide a brief description or the articles or services.List sen/ice dates per each invoice.
47
Agenda Item #7.A.14 Mar 2022Page 79 of 106
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT:City of Atlantic Beach
Ifyou are requesting an advance,indicate same by checking the box below.
[]ADVANCE REQUESTED
Advance payment of$is requested.Balance of payments
willbe made on a reimbursement basis.These funds are needed to pay
staff,award benefits to clients,duplicate forms and purchase start-up
supplies and equipment.We would not be able to operate the program
without this advance.
If you are requesting an advance,complete the following chart and line item justification below.
PLEASE NOTE:Calculate your estimated expenses at 100%of your expected needs for ninety
(90)days.Submit Attachment Dwith the cost share breakdown along with Attachment E and all
supporting documentation.
ESTIMATEDEXPENSES
BUDGET CATEGORYILINEITEMS 20___-20_____Anticipated Expenditures for First Three
(list applicable line items)Months of Contract
For examgle
ADMINISTRATIVECOSTS
(Include Secondary Administration.)
For examgle
PROGRAM EXPENSES
TOTAL EXPENSES
.._..l
LINEITEMJUSTIFICATION (For each line item,provide a detailed justification explaining the
need for the cash advance.The justification must include supporting documentation that clearly
shows the advance will be expended within the first ninety (90)days of the contract term.Support
documentation should include quotes for purchases,delivery timelines,salary and expense
projections,etc.to provide the Division reasonable and necessary support that the advance will
be expended within the first ninety (90)days of the contract term.Any advance funds not
and cancelled checks as required by the Budget and Scope of work showing 100%ofexpendituresforthe90dayperiodshallbereturnedtotheDivisionCashier,2555 Shumard OakBoulevard,Tallahassee,Florida 32399,within thirty (30)days of receipt,along with any interestearnedontheadvance.48 Agenda Item #7.A.14 Mar 2022Page 80 of 106
Attachment F
QUARTERLY REPORT FORIVI
Instructiaggr comoieie and subinlr this form to state Project Manager wi'!hi'n15-days after each
SUB-RECIPIENT cry or Atlantic iaeecn PROJECT 1::4453 014 R
PROJECT TVP Drainage CONTRACT ii:no-/32
PROGRAM:Hazard Mitigation Grant Program QUARTER ENDING
Advance Payment Information:
Advance Received i:i N/A i:i Amount:$Advance Sealed’?Yes El Ci
Financial Amount to Date
Sub Rec elent Tota Pr ect Exgerld ures to date gfederal 8:local}§
Target Dates (state Agreement):
contract Execution Date‘contract Expiration Date:
Date Deiiverebies submitted:closeout Requested Date:
Describe Milestones achieved during this quarter:
Project Proceeding on Schedule?El Yes E]No (If No,Describe under Issues be/ow)
Percentage of Milestones completed to Date:°/a
Describe Activities —Milestones completed Ihls quarter only:
schedule of the MiIestones—Activities:
Milestone Qaggs (eetirnat o)
Stale Conlrachri
closeout Com Iisnce
Estimaieci Preeci Cam ietion Dale:
Issues or circumstances affecting completion oate.milestones.scope of work.and/or cast:
cost statue;|:|Cos!unchanged E]Under Budget |:i Ovr Budget
Cost i F|rianc|sI comments:
/VOTE‘Events inay occur between quarterly reports,wllich have signi?cant impact upon yourproiectrs),sas
anticipated overruns,changes in scope of work,sxtsnsions.Contact the Division as soon as these conoiiionsare
known,olhenivlss you couici be norrconvplisnl with your 5ub»grsn[award.
sub-Recipient contract Representative (Poo):
s azure:Phone:
-—To be completed by Florlda Division of En-leraencv Management Frolect Mansqar ~
Project Manager statement:|:|No Action Required,OR
i:i Aolion Required:
PM Percentage o(AoMvetes competed per PM Review QR Milestones Spreadsheet‘%
Date Reviewed:Reviewer:Project Man
ager
49
Agenda Item #7.A.14 Mar 2022Page 81 of 106
Attachment G
Warranties and Representations
Financial Management
The Sub-Recipient's financial management system must comply with 2 C.F.R.§200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply withthe
requirements of 2 C.F.R.§200,Part D—Post Federal Award Requirements--Procurement Standards (2
C.F.R.§§200.317 through 200.327).
Business Hours
The Sub-Recipient shall have its offices open for business,with the entrance door open to the
public,and at least one employee on site,from:8:00 AM-5:00 PM,Monday Thru Friday,as
agplicable.
Licensing and Permitting
Allsubcontractors or employees hired by the Sub—Recipientshall have all current licenses and
permits required for all ofthe particular work for whichthey are hired by the Sub-Recipient.
50 Agenda Item #7.A.14 Mar 2022Page 82 of 106
Attachment H
L‘.
nebarment.susisens-«on»ineligibility
S l And Volunta,ry,EXclusiDn*7’b
Subcontractor Covered Transactions
The prospective subcontractor,,of
the Sub-Recipient certifies,by submission ofthis document,that neither it,its principals,nor affiliates are
presently debarred,suspended,proposed for debarment,declared ineligible,voluntarilyexcluded,or
disqualified from participationin this transaction by any Federal department or agency.
SUBCONTRACTOR
By:City of Atlantic Beach
Signature Sub-Recipient’s Name
H0732
Name and Title DEM Contract Number
4468-014-R
Street Address FEMAProject Number
City,State,Zip
Date
51 Agenda Item #7.A.14 Mar 2022Page 83 of 106
Attachment I
Federal Funding Accountability and Transparency Act
instructions and Worksheet
PURPOSE:The Federal Funding Accountability and Transparency Act (FFATA)was signed on
September 26,2006.The intent of this legislation is to empower every American with the abilityto hold
the government accountable for each spending decision.The FFATA legislation requires informationon
federal awards (federal assistance and expenditures)be made available to the public via a single,
searchable website,which is http://www.usaspendinggov/.
The FFATA Sub-award Reporting System (FSRS)is the reporting tool the FloridaDivisionof Emergency
Management (“FDEM”or “Division”)must use to capture and report sub-award and executive
compensation data regarding first~tiersub-awards that obligate $25,000 or more in Federal funds
(excluding Recovery funds as defined insection 1512(a)(2)ofthe American Recovery and Reinvestment
Act of 2009,Pub.L.111-5).
Note:This “instructions and Worksheet”is meant to explain the requirements of the FFATA and give
clarity to the FFATA Form distributedto sub-awardees for completion.Allpertinent information below
should be filledout,signed,and returned to the project manager.
ORGANIZATIONAND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM’s issuance of a sub-
award (Agreement)that obligates $25,000 or more in federal funds as described above.Please
provide the following information and return the signed form to the Division as requested.
PROJECT #:4468-014-R
FUNDING AGENCY:Federal Emergency Management Agency
AWARD AMOUNT:$57,447.25
OBLIGATION/ACTIONDATE:August 17,2021
SUBAWARD DATE (ifapplicable):
DUNS#:081944514
DUNS#+4:
52 Agenda Item #7.A.14 Mar 2022Page 84 of 106
*lfyour company or organization does not have a DUNS number,you willneed to obtain one from Dun &
Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform).The process to
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME:
DBANAME(IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESSADDRESS:
ADDRESS LINE1:
ADDRESS LINE2:
ADDRESS LINE3:
CITY STATE ZIP CODE+4**
PARENTCOMPANYDUNS#(if applicable):
CATALOG OF FEDERALDOMESTICASSISTANCE(CFDA#):
DESCRIPTIONOF PROJECT (Up to 4000 Characters)
As a Hazard MitigationGrant Program project,the Sub-Recipient proposes to improve the drainage of the
Mary Street area between Dutton Island Road West and Mary Street to the intersection of Mary Street
and Stewart Street,located inAtlanticBeach,Florida 32233.Coordinates (30.3404,-81.4208).
The scope ofwork is for Phase I only,which includes but is not limitedto surveying,engineering,design,
plans preparation,permitting and biddingfor the proposed project,for Phase llapproval.No construction
activities for this project have been approved.
When completed,the Sub-Recipient shall provide deliverables for Phase ll review of the following
proposed activities.
The Phase llproposed scope of work shall improve the drainage in the area by increasing the hydraulic
connectivity of the stormwater system.The project shall include the installation of new 12"RCP pipe
under Stewart Street at each side of Mary Street,regrading and expansion of swales,replacement of
the outfall culvert northwest of Mary Street,and replacement and construction of new culverts under
the driveways.Additionally,the proposal shall contain the necessary roadway and driveway asphalt
restoration.The improvements shall increase the discharge capacity ofthe system inthe area,reducing
flooding to private homes and to the roads,whichmakes them impassable for residents and emergency
vehicles.
The project shall be designed to provide protection against a 100-year storm event.Activitiesshall be
completed instrict compliance with Federal,State and Localapplicable Rules and Regulations.
Verify the approved project description above,ifthere is any discrepancy,please contact the project
manager.
ADDRESS LINE1:ADDRESS LINE2:ADDRESS LINE 3:CITY STATE ZIP CODE+4**53 Agenda Item #7.A.14 Mar 2022Page 85 of 106
CONGRESSIONALDISTRICTFOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
“Providing the Zip+4 ensures that the correct Congressional Districtis reported.
EXECUTIVE COMPENSATION INFORMATION:
1.in your business or organization's previous fiscal year,did your business or organization (including
parent organization,all branches,and allaffiliates worldwide)receive (a)80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts)and Federal
financial assistance (e.g.loans,grants,subgrants,and/or cooperative agreements,etc.)subject to
the Transparency Act,as defined at 2 C.F.R.170.320;,(b)$25,000,000 or more in annual gross
revenues from U.S.Federal procurement contracts (and subcontracts)and Federal financial
assistance (e.g.loans,grants,subgrants,and/or cooperative agreements,etc.)subject to the
Transparency Act?
Yes I:]No B
54 Agenda Item #7.A.14 Mar 2022Page 86 of 106
If the answer to Question 1 is "Yes,”continue to Question 2.If the answer to Question 1 is “No”,
move to the signature block below to complete the certification and submittal process.
2.Does the public have access to informationabout the compensation of the executives in your
business or organization (including parent organization,all branches,and all affiliates worldwide)
through periodic reports filed under section ‘I3(a)or 15(d)of the Securities Exchange Act of ‘I934
(‘I5 U.S.C.78m(a),78o(d))Section 6104 of the Internal Revenue Code of ‘I986?
Yesl:]Nol:]
Ifthe answer to Question 2 is “Yes,"move to the signature block below to complete the
certification and submittal process.[Note:Securities Exchange Commission information should
be accessible at httpIIwvvw.sec.govIanswersIexecomp.htm.Requests for Internal Revenue Service
(IRS)information should be directed to the local lRS for further assistance.]
Ifthe answer to Question 2 is “No”FFATA reporting is required.Provide the information required
in the “TOTAL COMPENSATIONCHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
appearing below to report the “Total Compensation”for the five (5)most highly compensated
“Executives”,in rank order,in your organization.For purposes ofthis request,the following terms
apply as defined in2 C.F.R.Ch.1 Part 170 Appendix A:
“Executive"is defined as "officers,managing partners,or other employees in management positions”.
“TotalCompensation”is defined as the cash and noncash dollar value earned bythe executive during the
most recently completed fiscal year and includes the following:
i.Salary and bonus.
ll.Awards of stock,stock options,and stock appreciation rights.Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of FinancialAccounting Standards No.‘I23 (Revised 2004)
(FAS 123R),Shared Based Payments.
iii.Earnings for services under non-equity incentiveplans.This does not include group life,
health,hospitalization or medical reimbursement plans that do not discriminateinfavor of
executives,and are available generally to all salaried employees.
iv.Change in pension value.This is the change in present value of defined benefit and actuarial
pension plans.
v.Above-marketearnings on deferred compensation which is not tax—qualified.
vi.Other compensation,ifthe aggregate value of allsuch other compensation (e.g.severance,
terminationpayments.value of life insurance paid on behalf of the employee,perquisites or
property)for the executive exceeds $10,000.
55 Agenda Item #7.A.14 Mar 2022Page 87 of 106
TOTAL COMPENSATIONCHARTFOR MOSTRECENTLYCOMPLETEDFISCALYEAR
(Date of FiscalYear Completion )
Rank Total Compensation
(Highest to Name for Most Recently
Lowest)(Last,First,MI)Title Completed Fiscal Year
1
21 *WEW”EE|“W“
3
4
THE UNDERSIGNEDCERTIFIES THATON THEDATEWRITTENBELOW,THEINFORMATION
PROVIDEDHEREINISAC
SIGNATURE:
NAMEANDTITLE:
DATE:10-28-21
EIIenGlasser,Mayor
56 Agenda Item #7.A.14 Mar 2022Page 88 of 106
Attachment J
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix iito 2 C.F.R.Part 200.It is the responsibility of the sub-recipient to includethe required
provisions.The following is a listof sample provisions from Appendix iito 2 C.F.R.Part 200 that may be
required:‘
Appendix ii to Part 200-Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards
in addition to other provisions required by the Federal agency or non-Federal entity,allcontracts
made by the non-Federal entity under the Federal award must contain provisions covering the following,
as applicable.
(A)Contracts for more than the simplifiedacquisition threshold,which is the inflationadjusted
amount determined by the CivilianAgency Acquisition Counciland the Defense Acquisition Regulations
Council (Councils)as authorized by 41 U.S.C.1908,must address administrative,contractual,or legal
remedies in instances where contractors violate or breach contract terms,and provide for such sanctions
and penalties as appropriate.
(B)Allcontracts in excess of $10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner by which itwillbe affected and the basis for settlement.
(C)Equal Employment Opportunity.Except as otherwise provided under 41 C.F.R.Part 60,all
contracts that meet the definition of “federally assisted construction contract”in41 C.F.R.Part 60-1.3
must include the equal opportunity clause provided under 41 C.F.R.60-1 .4(b),in accordance with
Executive Order 11246,“Equal Employment Opportunity"(30 FR 12319.12935,3 C.F.R.Part,1964-1965
Comp.,p.339),as amended by Executive Order 11375,“Amending Executive Order 11246 Relating to
Equal Employment Opportunity,"and implementing regulations at 41 C.F.R.part 60,“Office of Federal
Contract Compliance Programs,Equal Employment Opportunity,Department of Labor.”
(D)Davis-BaconAct,as amended (40 U.S.C.3141-3148).When required by Federal program
legislation,all prime construction contracts in excess of $2,000 awarded by non-Federal entities must
include a provision for compliance with the Davis—BaconAct (40 U.S.C.3141-3144,and 3146~3148)as
supplemented by Department of Labor regulations (29 C.F.R.Part 5,"Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”).in accordance with the
statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor.in addition,
contractors must be required to pay wages not less than once a week.The non-Federal entity must place
a copy ofthe current prevailingwage determination issued by the Department of Labor ineach
solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination.The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency.The contracts must also include a provisionfor compliance with the Copeland
“Anti-Kickback”Act (40 U.S.C.3145),as supplemented by Department of Labor regulations (29 C.F.R.
be prohibited from inducing,by any means,any person employed inthe construction,completion,or1Forexample,the Davis-Bacon Act is not applicable to other FEMAgrant and cooperative agreementprograms,including the PublicAssistance Program or Hazard MitigationGrant Program;however,sub-recipient may include the provision in its subcontracts.57 Agenda Item #7.A.14 Mar 2022Page 89 of 106
repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The
non-Federalentity must report all suspected or reported violations to the Federal awarding agency.
(E)Contract Work Hours and Safety Standards Act (40 U.S.C.3701-3708).Where applicable,all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C.3702 and 3704,as
supplemented by Department of Labor regulations (29 C.F.R.Part 5).Under 40 U.S.C.3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours.Work inexcess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked inexcess of 40 hours inthe work week.The requirements of 40 U.S.C.3704 are applicable
to construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary,hazardous or dangerous.These requirements do not
apply to the purchases of supplies or materials or articles ordinarilyavailable on the open market,or
contracts for transportation or transmission of intelligence.
(F)Rights to lnventions Made Under a Contract or Agreement.ifthe Federal award meets the
de?nition of “funding agreement"under 37 C.F.R.§401.2 (a)and the recipient or Sub—recipientwishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties,assignment or performance of experimental,developmental,or research work under that “funding
agreement,”the recipient or Sub-recipient must comply with the requirements of 37 C.F.R.Part 401,
"Rights to lnventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants,Contracts and Cooperative Agreements,”and any implementing regulations issued by the
awarding agency.
(G)Clean AirAct (42 U.S.C.7401—7671q.)and the Federal Water Pollution Control Act (33
U.S.C.1251-1387),as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply withall applicable standards,
orders or regulations issued pursuant to the Clean AirAct (42 U.S.C.7401—7671q)and the Federal Water
PollutionControl Act as amended (33 U.S.C.1251-1387).Violations must be reported to the Federal
awarding agency and the Regional Office of the EnvironmentalProtection Agency (EPA).
(H)Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
C.F.R.180.220)must not be made to parties listed on the governmentwide Excluded Parties ListSystem
inthe System for Award Management (SAM),in accordance with the OMBguidelines at 2 C.F.R.180 that
implement Executive Orders 12549 (3 C.F.R.Part 1986 Comp.,p.189)and 12689 (3 C.F.R.Part 1989
Comp.,p.235),“Debarment and Suspension.”The Excluded Parties List System in SAM contains the
names of parties debarred,suspended,or othenrviseexcluded by agencies,as wellas parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(l)ByrdAnti-LobbyingAmendment (31 U.S.C.1352)——-Contractorsthat apply or bid for an award
of $100,000 or more must file the required certification.Each tier certifies to the tier above that itwillnot
and has not used Federal appropriated funds to pay any person or organization for in?uencing or
attempting to influence an officer or employee of any agency,a member of Congress,officer or employee
of Congress,or an employee of a member of Congress inconnection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C.1352.Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection withobtaining any Federal award.Such disclosures are
forwarded from tier to tier up to the non-Federal award.
(K)See 2 C.F.R,§200.216 Prohibition on certain telecommunicationand video surveillanceservicesorequipment.(L)See 2 C.F.R,§200.322 Domestic preferences for procurements(Appendix II to Pan.‘200,Revised Eff.11/12/2020).58 Agenda Item #7.A.14 Mar 2022Page 90 of 106
FENIA created the 201 S PDAT Contract Provisions Template to assist non—Federal entities.It availabl
eathups:/lvvww,ferna.<JsvA:nedia—Iibrarv—data/1 5599591 1 9992-
9235Bd63eDDd1 7639d5db4de01 51 B4<;9/PDAT CantraClProvIslorIsTernpIa(e S»3C|-1Qpdf.
Please note the!the sub-recipient alone is responsible for snsuring that all language included its
conlrects meets the requirements of2 C.F.R.§200‘327 and 2 Part 200,Appendix II.
59
Agenda Item #7.A.14 Mar 2022Page 91 of 106
Attachment K
Certification Regarding Lobbying
Check the appropriate box:
ThisCertificationRegarding Lobbyingis required because the Contract,Grant,Loan,or Cooperative
Agreement willexceed $100,000 pursuant to 2 C.F.R.Part 200,Appendix ll(l);31 U.S.C.§1352;
and 44 C.F.R.Part 18.
This Certi?cation isn_qtrequired because the Contract,Grant,Loan,or Cooperative Agreement will
be less than $100,000.
APPENDIXA 44 C.F.R.PART 18—CERTIFICATIONREGARDINGLOBBYING_:———3_—
Certi?cationfor Contracts,Grants,Loans,and CooperativeAgreements
The undersigned certifies,to the best ofhis or her knowledge and belief,that:
J)No Federalappropriated funds have been paid or willbe paid,by oron behalf ofthe undersigned,to
any person for in?uencing or attemptingto in?uence an officeror employee of an agency,a Member
of Congress,an officeror employee of Congress,or an employee ofa Memberof Congress in
connectionwiththe awarding of any Federal contract,the making ofany Federal grant,the making of
any Federal loan,the entering intoof any cooperative agreement,and the extension,continuation,
renewal,amendment,or modi?cationofany Federal contract,grant,loan,orcooperative agreement.
Ifany funds other than Federal appropriatedfunds have been paid or willbe paid to any person for
in?uencing or attemptingto in?uence an of?cer or employee of any agency,a Member of Congress,
an officer or employee ofCongress,oran employee ofa Member ofCongress inconnectionwiththis
Federalcontract,grant,loan,orcooperative agreement,the undersigned shallcomplete and submit
Standard Form-LLL,"DisclosureForm to Report Lobbying,”inaccordance withits instructions.
The undersigned shall require that the language ofthis certi?cation be includedinthe award
documents for allsubawards at alltiers (includingsubcontracts,subgrants,and contracts under
grants,loans,and cooperativeagreements)and that allsubrecipients shallcertifyand disclose
accordingly.
Thiscerti?cationisa materialrepresentationoffact uponwhich reliancewas placed when thistransaction was
made or entered into.Submission ofthis certi?cationis a prerequisitefor makingor entering intothis
transaction imposed bysection 1352,title31,U.S.Code.Any person who failsto ?le the required certi?cation
shall be subject to a civilpenaltyofnotless than $10,000 and not more than $100,000 for each such failure.
The Sub-Recipient or subcontractor,Ctty0t AttanttcBeach ,certi?es or affirmsthe
truthfulnessand accuracy ofeach statement of its certi?cationand disclosure,ifany.inaddition,the Contractor
understandsand agrees that the provisionsof31 U.S.C.Chap.38,AdministrativeRemedies for False Claims
and Statements,applyto thiscertificationand disclosure,ifany.
Digitallysigned by Stephen CSwann
Ste hen C.Swann,Ci En ineerNameandTitleofSub-Recipient/subcontractorsAuthorizedOf?cial10--21Date 60 Agenda Item #7.A.14 Mar 2022Page 92 of 106
CITY OF ATLANTIC BEACH
CITY CC)l\IIl\’IISSI()N 1\’IEETlNG
STAFF REPORT
AGENDA ITEIVI:Resolution No.22-22 Awarding Bid No.212203 for the Asp
halt
shingle
Roof Replacement at city Hall
SUBIVIITTED BY:Scott Williams.Public VVorks Dept.at Dan Arlington,Building Dcpt.
'I‘0DAY’S DATE:March I,2022
MEETING DATE:March 14,2022
BACKGROUND:The City's Public Works Department and Building Depa
rt
ment
collaborated on the preparation of the Bid Speci?cations to replace the asphalt shingle ro
ot
‘
atCity
Hall.This does not include the Chalnbers or the Police Station.Staff held a bid opening o
n
Februar
y23,2022 For City Bid 2122-(J3:Asphalt Shingle Roof Replacement at City liall.Fi
ve bidsvverc
received as follows:
Fidus Roo?ng:3 87,500.00
Lewis walker Roo?ng,lnc.;$60,707.00
Register Roo?ng:$133,571.00
Rogers Roo?ng Corp.:3;68,l37_oo
storms united:$63,622.47
The project consists or ?.lrnishing all labor,equipment.matel'iaIs and safety equipment n
e
c
es
s
ar
y
to
properly remove and replace all shingles,underlayment,starter strips.metal flashing,ridg
e
vents
,
drip
edges.eave ?ashing.lead vent pipe ?ashing,and any rotten wood on the City Hall B
uil
d
in
g
.
All
damaged sheathing and roof rakes shall be replaced as needed and all sheathing shall be rper
FBC—EB,Section 706.All lead plurnbing vent pipe ?ashing shall be painted to match ro
of
color
.
All
gutters and downspouts shall be replaced in-kind with coordination fron1 the Public works
except that.on the east side ofthe building,replace the existing spouts with nine (9)white d
o
w
ns
p
o
ut
s
and leaders attached at building columns.Any cedar siding shingles or wall ?ashing d
a
by
construction must be replaced.All removed materials must be hauled away.All w
o
r
k
shallbe
completed in accordance with the Contract Documents.
The low bidder,Lewis Walker Roo?ng,lno.($60,707.00)submitted all required documen
ts
intheir
bid submittal,including positive references,and also performed the required site Vlsll.
BUDGET:The FY 2|-22 budget contains $200,000.00 in the Building l
account O0l—lOl2—5 l 9-6200 for the Re—RoofcvfCity Hall.
RECOMMENDATION:Approve Resolution No.22-22 awarding Bid No.2l22»O3:Asphalt
shingle Roof Replacement at city Hall to Lewis Walker Roo
?ng,
lnc.in
the arnount of‘$60,707.00.
ATTACHMENTS:Resolution No.22-22
2122-03 Bid T‘aI:xulsItion
(Bids are an? CiW Clerk 3-ice)S:1::/‘-
REVIEWED BY CITY MANAGER:’]/‘---*----—-4—Agenda Item #7.B.14 Mar 2022Page 93 of 106
RESOLUTION NO.22-22
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AWARDING BID NO.2122-03 FOR THE ASPHALT SHINGLE ROOF
REPLACEMENT AT CITY HALL;AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE
WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION;AND PROVIDING AN EFFECTIVE DATE
WHEREAS,on February 23,2022 ?ve bids were received and opened for City Bid
No.2122-03:Asphalt Shingle Roof Replacement at City Hall;and
WHEREAS,prices ranged from $60,707.00 to $133,571.00,withthe low bid priceof $60,707.00
submitted by Lewis Walker Roo?ng,Inc.;and
WHEREAS,Lewis Walker Roofing,Inc.submitted all requireddocuments in their bid submittal,
including positivereferences,and also performedthe requiredsite visit;and
WHEREAS,the project consists of furnishing all labor,equipmentand materials necessary to
properly remove and replace all shingles,underlayment,starter strips,metal flashing,ridge vents,drip
edges,eave flashing,lead vent pipe flashing,gutters,downspouts and any rotten wood on the City Hall
Building;and
WHEREAS,funds are available for this project in the Building Maintenance account 001-1012-
519-6200;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 2122-03 to Lewis Walker Roofing,Inc.
in the amount of $60,707.00 to performthe work for said bid in accordance with the bid specifications;
SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract
with Lewis Walker Roo?ng,Inc.and approve a Purchase Order to said vendor inthe amount of $60,707.00;
SECTION 3.This Resolution shall take effect immediatelyupon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 14"‘day of March,2022.
Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #7.B.14 Mar 2022Page 94 of 106
City of Atlantic Beach
Asphalt Shingle Roof Replacement at City Hall
February 23,2022
Bid 2122-03
Required Documents Fidus Roo?ng Lewis Walker Roo?ng,Inc.Register Roo?ng Rogers Roo?ng Corp.Storms United
inTriplicate —All X X X X X
Document Requirements Checklist X X X X X
Bid Fonn X X X X X
Bid Bond-5%ofBid X X X X X
W-9 Form X X X X X
Drug Free Workplace X X X X X
Public Entity Crimes Statement X X X X X
Public Records Provisions X X X X X
E-Verify Form X X X X X
New Vendor Information Form X X X X X
Business Tax Receipt X X X PINELLAS C0.NOT REQUIRED X
Proof of Experience-5years‘X X X X N0
Quali?cations:CertifiedRoo?ng X X X X ResidentialContractor
Financials-2years‘NO X X N0 N0
Insurance X X NO X X (NEEDS UPDATED)
§:::::;°::m;;:“3$:;:::::*P“°“x x x X x
SiteVisit DocumentationForm NOT SIGNED X X X X
N0 X X X VIA E—MAIL)XReceiptofAddenda:2
Lump Sum Total for Asphalt
Shingle Roof Replacement $87,500.00 $60,707.00 $133,571.00 $68,137.00 $63,622.47
Award at Bidbased on Department Analysis orCommission Approval Agenda Item #7.B.14 Mar 2022Page 95 of 106
Page 96 of 106
CITY OF ATLANTIC BEACH
CITY CONIWIISSION
STAFF REPORT
AGENDA ITENI:Resolution No.22-23 supporting Ukraine against Russian govern
mentaggression
TODAY’S DATE:l\/[arch 3,2022
MEETING DATE:1\/[arch 14,2022
SUBIVIITTED BY:Kevin I-Iogenearnp,Deputy City 1\/Ianager,for ayor Ellen Gla
sser
and
City Commission I‘/Iernber Bruce Bole ,
SUl\/I1\’IARY:At the Feb‘28 City Commission,I\/Iayor Glasser and City Coinr
nissio
nlvlernberBoleexpressedsupportoftheCityCommissionconsideringaresolution sup
por
tin
g
Ukraine against Russian government aggression.This resolution was dra?ed with revi
ew
by
l\/Iayor Glasser and Commission 1\/Iernber Bole.
RECOMMENDATION:Commission consider approving Resolution No.22-23
BUDGET:N.A.
ATTACI-Il\’IENT:Resolution No 22-23
A.CL»/Q/._‘
CITY MANAGER:Agenda Item #7.C.14 Mar 2022Page 97 of 106
RESOLUTION NO.22-23
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA,SUPPORTING UKRAINE AGAINST RUSSIAN GOVERNMENT AGRESSION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,following the collapse of the Soviet Union,the Ukrainianpeople overwhelmingly voted to
form a nation independentfrom Russia,building a democracy and thriving country grounded in the rule of law;
and
WHEREAS,Russia President VladimirPutin has now launchedan unjust and unwarrantedinvasion upon
the peacefulnation of Ukraine;and
WHEREAS,Ukraine is a proud and honorable nation under siege,and the brutality of this unprovoked
attack on Ukrainiansovereignty is an affront to internationallaw and common decency;and
WHEREAS,the attack on one democracy is an attack on all democracy.
NOW,THEREFORE,be it resolvedthe City Commissionof the City of Atlantic Beach:
Section 1.That the AtlanticBeach community proudly standsalongside our brothers and sisters of Ukraine
as they ?ght for freedom during this horri?c and unnecessary siege.
Section 2.That the City of AtlanticBeach condemns,in the strongest terms,VladimirPutin’s attack on the
peopleof Ukraine;holds Russia fully accountablefor the unspeakableatrocitiesoccurring in Ukraine;and strongly
endorses the swift and severe economicsanctionsand stringent export controls that the United States has imposed
on Russia.
Section 3 That,through donationsand prayers,the Atlantic Beach community joins hands in assisting the
ongoing needsof those suffering withinUkraineand ofthose who have been forced to ?ee to neighboring countries
for safety.
Section 4.That the City of AtlanticBeach remains prayerfullyhopeful for the return to that region and the
world.
Section 5.This Resolutionshalltake effect immediately upon its passage and adoption.
ADOPTED by the City Commissionof the City of Atlantic Beach,this 14”‘day of March,
Ellen Glasser,MayorAttest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #7.C.14 Mar 2022Page 98 of 106
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA I'l"ElVl:Resolution No.22-24 directing the city manager to initiate and o
v
erse
e
the
records management review in coordination with the city clerk
TODAY'S DATE:March 3,2022
MEETING DATE:March 14,2022
2022 PRIORITY:CITY SERVICES:Develop and irnprove systems to ensure tha
t
theCity
rnaintains a high-perforrning workforce
SUBMITTED BY:Kevin Hogencarnp,Deputy City I\/lanager 'I
SUl\’llVIARY:The City Cornmission’s City Services priority includes a provisi
on
to
“establish best practices in the City Clerk’:Office and throughout the organization fo
r
rec
ord
smanagement,storage and disposal.This resolution helps ensure that this critical project iscarried
out successfully.
RECO1\/INIENDATION:Commission approve Resolution No.22-24
BUDG ET:N .A.
ATTACI-IIVIENT:Resolution No 22-24
CITY MANAGER:;
_Agenda Item #7.D.14 Mar 2022Page 99 of 106
RESOLUTION NO.22-24
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA DIRECTING
THE CITY MANAGER TO INITIATE AND OVERSEE THE RECORDS
MANAGEMENT REVIEW PROJECT IN COORDINATION WITH THE CITY
CLERK;AUTHORIZING THE CITY MANAGER TO ENGAGE AN OUTSIDE
CONSULTANT TO ASSIST IN THE REVIEW PROJECT WITH CERTAIN
PARAMETERS;REQUIRINGTHE CITY MANAGER TO PROVIDE REPORTS
TO THE COMMISSION;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,it has been many years since the City has undertaken a comprehensivereview of its
records management system;and
WHEREAS,the City Commission did include in its 2022 Atlantic Beach City Commission
Priorities a priority to “establishbest practicesin the City Clerk’s Of?ce and throughout the organization
for records management,storage and disposal;and
WHEREAS,it is in the best interests of the City and its residents,businesses and other
stakeholdersto conduct a thorough review and update of the management,storage and disposal of public
records;and
WHEREAS,the City Clerk,the Information Technology Department and all City departments
are involved in records management at the City;and
WHEREAS,the City Commission desires the City Manager to initiate and oversee this records
management system project,including without limitation,the items as generally describedin “Exhibit A”,
Records Management,attached hereto and made part hereof;and
WHEREAS,the City Clerk and City Manager have advised the City Commission that they
support approval of this project and process.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach,
Florida,as follows:
SECTION 1.The City Commission hereby directs the City Manager to promptly initiate and
oversee the records management review project in coordinationwith the City Clerk,including without
limitation,the items generally described in “Exhibit A”,Records Management,attached hereto and made
SECTION 2.Should the City Manager determine it is appropriateand effective,the City ManagerisherebyauthorizedtoengageanoutsideconsultantwithsubstantialexperienceinpublicrecordsmanagementsystemsinFloridatoassistintherecordsmanagementsystemreviewproject,provided thatCityManageradvisestheCommissionofhisdeterminationpriortoretainingtheconsultantandthatthecostthereofshallnotexceed$25,000.00.Page 1 of 2 Agenda Item #7.D.14 Mar 2022Page 100 of 106
SECTION 3.The City Manager shall present periodic progress reports to the Commission and a
?nal report identifying revisions and best practicesto be implementedto the City’s records management
system no later than one year from the date of this Resolution.
SECTION 4.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 14”‘day of March,2022.
Ellen Glasser,Mayor
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Brenna M.Durden,City Attorney
Resolution No.22-24 Page 2 of 2 Agenda Item #7.D.14 Mar 2022Page 101 of 106
.RsconnsMAVNAGEMVENFT Category F Priority ResponsibleParty .l DateStartedStatusNotes
1.Reviewand adopt applicable Divisionof Libraryand Information Services recommendations of recordmaklng and
recordkeeping to formalizea cityrecords management program to includethe following:
,.....
a.Developand adopt RecordsManagement Policies,setting program objectives and organizational responsibilities
forthe implementation and continued maintenance ofa city-wide records management program.
b.Create a RecordsManagement Planand/orProcedural Handbookto guide staff inthe day—to-daymanagement of
records and information.
c.Vital,Permanent,or Archivalrecords shouldbe imaged andstored inthe Laserfiche program.
d.CityClerkandstaffshould regularlyattend recordsmanagement training opportunities to stay abreast of public
records related requirements.
2.Consultthe DivisionofLibraryand InformationServices,PublicRecordsCenter FacilitiesGuidelinesin determining
_t_h_e_best practices for recordsstorage,retention anddisposition:
a.Developwritten procedures outliningthe proper storage and management ofall records --vital,permanent,
archival,and otherwise.....___....b.Complete a formalizedinventory of the Off-SiteFacilityto determine facilitycontents and appropriate
management thereof.Thisshould includethe proper labelingof boxes.
c.Regulardisposition ofeligiblerecords should becompleted pursuant to the requirements of Rule1B~24,Florida
AdministrativeCode.
3.Transfer allrecordsconsidered vital,permanent,or archivalout ofthe Off-SiteFacilityto an appropriate storage
area meeting the requirements ofsection 119.021(1)(b),FloridaStatutes.
4,Improve the the process ofrecords disposition to include:
a.Develop written procedures outlining records disposition city—wideand to includeallformatsofrecords.
b.Coordinatethe disposition ofrecords that have met retention eachfiscalyear.Agenda Item #7.D.14 Mar 2022Page 102 of 106
CITY OF ATLANTIC BEACH
CITY COMMISSION NIEETING
STAFF REP()llT
AGENDA lT‘ElVl:()rdinancc No.75-22-27
SUBIVIITTEII BY:Alnzlttcla Aske\v.Direclur ofPlannirlg,and COITIIYllIl1ily D
e
v
e
1
o|
3t
n
cl'
al
TODAY'S DATE:I\/larch 2,2022
MEETING DATE:l\/larch I4.2022
BACKGROUND:With Resolution No.21-61 Cornrnission approved a Contplete StreetsPolicy
(CSP).The purpose or the policy is to create is a transportation policy and design appr
oach
that
requires streets to be planned,designed.operated,and rnainlained to enable safe.convenient a
n
d
comforta
bletravelandaccessForusersorallagesandabilitiesregardlessoftheirmodeoftransportation.Itintegrates
people and place in the planning,design,construction,operation,and maintenance or trans
portat
ion
networks.This helps to ensure streets put safely over speed.balance the needs ofdiffet-ent m
od
es
.
andsupport
local land uses,economies,cultures,and natural environments.
The existing section l9—6.Tramc calming,allowed the installation ortramc calming devices bycommi
ssiona?er review by the Police Department.The proposed amendment to this section ofthe code al
ig
ns
withcode
with the process set forth in the CSP.
The proposed changes include renaming the section ti-om trarlic caltning devices to streets,
changing the reviewer solely from the director of public safety to the city manager (which consist
ent
with
the CSP)and requ'1g,the installation ofthe devices in harmony with the CSP.
The csP requires transportation projects (i.e.road repaving,restriping,repairs,etc.)be revie
wed
bymultiple
city dcpamncnts including the planning and community development departrnenl,public wo
rks,
engineetng,
police depat'tn1ent and consultants (as needed).it also requires coordination with citizens commi
ssiontoensureconsistencywithexistingplans(Connectivity Plan.Parks l\/[aster Plan,comprehensive Plan,etc.)
or review of‘areas in need ofcomplete street elelnents.
The policy has several steps to ittsure ilnplen-lentation and provides some exceptions to thepo
lic
y
(absence
or need,disproportional cost,etc.).it also provides for performance rneasures and ann
ual
reportingto
evaluate whether we are adequately serving the needs or the community.
BUDGET:To be delerrnined on an annual basis
llECOl\1l\’lENDATlC)N:Colnrnission l"CViCVV and vote on Ordinance 75-22-27
ATTACHIVI NT(S):()|'dinal1Ce 75-2 -2}U
REVIEVVED BY CITY MANAGER:Agenda Item #8.A.14 Mar 2022Page 103 of 106
ORDINANCE NO.75-22-27
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 19,STREETS,SIDEWALKS AND
OTHER PUBLIC PLACES,ARTICLE I,GENERAL
PROVISIONS,SECTION 19-6,TRAFFIC CALMING
DEVICES;PROVIDING FOR CONFLICT,FOR
SEVERABILITY,AND FOR AN EFFECTIVE DATE.
WHEREAS,the City Commission recognizes the need to modify the traf?c calming
process to align with the adoption of the Complete Streets Policy.
WHEREAS,the City Commission concludes that removing the existing code provisions
requiring traf?c calming to go through the police department and go through the city
manager aligns with the procedures adopted in Resolution No.21-61 (Complete Streets
Policy).
WHEREAS,Section 19-6,Traf?c Calming Devices,is renamedto Complete Streets to
re?ect the goals of Commission to create describes a comprehensive,integrated
transportationnetwork 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,users and operators of public
transportation,seniors,children,youth,and families;and
WHEREAS,this ordinance helps create a formal process to implementComplete Streets
that will improve public health and safety by reducing the risk of injuries and fatalities
from traf?c collisions for users of all modes of transportation;
WHEREAS,this tool is available to help evaluate streets so that they are designed with
the safety and convenienceof pedestrians and bicyclists in mind increase the number of
people walking and bicycling;and
WHEREAS,a balancedtransportationsystem that includes Complete Streets is conducivetostreetsthatarelivelywithpeoplewalkingandbicyclingtoeverydaydestinations,suchasschools,shops,restaurants,businesses,parks,transit,and jobs,which in turn enhancesneighborhoodeconomicvitalityandlivability;and Agenda Item #8.A.14 Mar 2022Page 104 of 106
VVHEREAS,encouraging people to walk,bicycle,and use public transit energy
resources,reduces air pollution,and reduces ernissions of global warming gases;
and
NOVV,THEREFORE,BE IT ENACTED BY THE CITY C()lVIl\/IISSION O
NBEHALFOFTHEPEOPLEOFTHECITYOFATLANTICBEAC
H,FLORIDA that:
SECTION 1.Regulation Amended.Section 16-6,Traffic calming devices,the
Code of Ordinances of the City of Atlantic Beach,Florida is hereby amended as
follows:
Sec.19-6.5l‘—i=n«F¢3e—enhning—devieeeaC'ainnIcti.-Streets.
The city coinrnission shall take no action on the installation of any conip|_e_te stree
tsiinnrovciiiciilsortrafficcalmingdevices,including but not lirniled to sue«h—ues—
speed
burnps
epstop signs,cliiczincs.§[3l:l.’d uiblcs or similar devices unless:
(1)The?¢alie Citv l\/IZIIIHECI‘,or such other persongg)as directedbythe
&met<+H~?pu C_h.y lvlanager,has conducted proper research and the
area where such devices are requested to be installed a 5 1nnarda€&"+m
t:onI|)Iluii(.-with the City‘:Complete Streets l’olicY:and
(2)The installation ofsuch devices is expected toeén=ee4—HaesiH.iuti<+n~')I9—said—ai*ea
imnrovc and create zi cuinnrchcnsivc.irituuraicd transportation network with
inI‘i~usl.ruuun-c and desimi that allow safe and convenient travel alum:and zicrnI1-r all users iiiuluding pedeslritins hicyclists person with disabilities nioto
niovers nl‘coinincrclul i:(I5.users and operators 0LPUbiiC transportation.s
e
niors
children youth.and fat
streets
SECTION 2.Conflict.All ordinances,resolutions,official determinations or thereof
previously adopted or entered by the City or any of its officials and in conflict with th
is
Ord
inan
cearerepealedtotheextentinconsistentherewith.
SECTION 3.Severability.Ifa court ofcompetentjurisdiction at any time finds any p
r
o
v
i
s
i
o
n
of
this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall bedeemed
severable and removed froin the remaining provisions ofthis Ordinance which shall infull
force and effect.
SECTION 4.Effective Date.This Ordinance shall take effect upon ?nal reading an
d
ap
pro
val
.PASSED by the City Commission on first reading this day of ,2022.PASSED by the City Commission on second and ?nal reading this day o
f
,
2022.Agenda Item #8.A.14 Mar 2022Page 105 of 106
CITY OF ATLANTIC BEACH
Ellen Glasser,Mayor
Attest:
Donna L.Bartle,City Clerk
Approvedas to form and correctness:
Brenna M.Durden,City Attorney
Agenda Item #8.A.14 Mar 2022Page 106 of 106