03-14-22 Final Agenda
City of Atlantic Beach
Final 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
*
1.A.
Approve minutes of the Regular Commission Meeting of November 8, 2021.
11-8-21 Draft Commission Minutes
5 - 12
2. COURTESY OF FLOOR TO VISITORS
2.A.
Fletcher High School Girls Soccer Proclamation
Fletcher High School Girls Soccer Proclamation
13
2.B.
Government Finance Professionals Week Proclamation
Government Finance Professionals Proclamation
15
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A.
Accept the 90-Day Calendar (March - May 2022)
90 Day Calendar (Mar-May 2022)
17 - 20
*
3.B.
Pay Scale Adjustments
Potential Pay Adjustments Memorandum
Pay Scale Analysis
21 - 36
*
3.C.
Community Centers Program
*
3.D.
Veteran Park Bathrooms
Veteran Park Bathrooms
37 - 39
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
None.
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
Page 1 of 138
Regular City Commission - 14 Mar 2022
6. COMMITTEE REPORTS
None.
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
41 - 120
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;
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
121 - 123
*
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
125 - 126
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
127 - 130
*
7.E.
RESOLUTION NO. 22-25
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID
#2122-04 FOR THE WTP NO. 1 UPGRADE - ELEVATED TOWER DEMOLITION;
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. 22-25
131 - 134
Page 2 of 138
Regular City Commission - 14 Mar 2022
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
135 - 138
9. MISCELLANEOUS BUSINESS
None.
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,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Fl orida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office by 5:00 PM, the Thursday prior to the meeting.
Page 3 of 138
Page 4 of 138
Regular City Commission
November 8, 2021
MINUTES
Regular City Commission Meeting
Monday, November 8, 2021 - 6:30 PM
Commission Chamber
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Glasser called the meeting to order at 6:30 PM. City Clerk
Bartle called the roll.
ATTENDANCE:
Present: Ellen Glasser, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2
Michael Waters, Commissioner - Seat 3
Candace Kelly, Commissioner - Seat 4
Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5
Also Present: Shane Corbin, City Manager (CM)
Brenna Durden, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Kevin Hogencamp, Deputy City Manager (DCM)
MOTION: Move Item 10B, Donna Run 2022, to be discussed after Item 2.
Motion: Brittany Norris
Second: Candace Kelly
Ellen Glasser For
Bruce Bole For
Michael Waters For
Candace Kelly (Seconded By) For
Brittany Norris (Moved By) For
Motion passed 5 to 0.
1 APPROVAL OF MINUTES
1A. Approve minutes of the Board/Committee Training on May 4, 2021.
1B. Approve minutes of the Commission Workshop on May 27, 2021.
1C. Approve minutes of the Budget Workshop of August 19, 2021.
Page 1 of 8
Agenda Item #1.A.
14 Mar 2022
Page 5 of 138
Regular City Commission
November 8, 2021
City Clerk Bartle referred to a redlined version of the May 4, 2021, Board and Committee
Training minutes reflecting her proposed corrections (which is attached hereto and made
part of this Official Record as ATTACHMENT A). There were no further corrections
to any of the minutes. Mayor Glasser stated with those corrections being made, there
will be no other corrections, and the minutes are approved as corrected.
ATTACHMENT A - Revised 5-04-21 Draft minutes
2 COURTESY OF FLOOR TO VISITORS
2A. Dr. Leon L. Haley, Jr. Day of 2021 7th Annual Tony's Turkey Trot Proclamation.
Kasey Heilman and Kimberly Jones of UF Health spoke regarding the 7th Annual Tony's
Turkey Trot run and encouraged everyone to participate in the event on Thanksgiving
Day.
Mayor Glasser read the Proclamation and presented the Proclamation to the
University of Florida Health representatives.
PUBLIC COMMENT
Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor
to Visitors. City Clerk Bartle called each speaker to the podium.
Hank Brigman spoke regarding the Atlantic Beach Vision, comparing it to Tiberon, California,
and the changing community resulting from affluence.
(Item 10B was taken out of sequence and addressed at this time.)
10B. 2022 Donna Run
Executive Director of the Donna Foundation presented a PowerPoint as detailed in the
Agenda Packet.
All questions were answered.
3 CITY MANAGER REPORTS
3A. Accept the 90-Day Calendar (November 2021 through January 2022)
There was CONSENSUS to accept the 90-Day calendar.
3B. Visioning and Mission Statements
CM Corbin announced over 800 survey responses were received.
CM Corbin shared the details of the Visioning and Mission statements.
Page 2 of 8
Agenda Item #1.A.
14 Mar 2022
Page 6 of 138
Regular City Commission
November 8, 2021
CM explained he received a request from Finance and Engineering regarding funding
for a Grant Administrator position to process the number of grants for COAB, resulting
in over $30 million. He advised additional information regarding the proposed Grand
Administrator position would be presented later.
CM Corbin explained notification was received that one of the significant road
initiatives projects would begin early next year. This project would focus on
Atlantic Blvd reaching the base entrance. He advised he would present summary
slides of the project at a later date.
4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Commissioner Bole spoke about the great job of the improved garbage collection. He stated
he would be representing the City at the Town Center Committee meeting and asked for
suggestions for discussion topics from the Commission.
Commissioner Kelly inquired about the golf cart parade during Christmas. Mayor Glasser
noted it has been proposed to have the parade on the same night of the Night of Luminaries.
Commissioner Waters inquired about the parking program and updates with Neptune Beach.
CM Corbin responded he had not received a response but would follow up with them soon.
Mayor Glasser shared information regarding the Blue Zones using the Beaches as part of
the project and mentioned there would be a virtual informational meeting Tuesday at 9:00
AM. She mentioned the City would be partnering with Tobacco Free Florida. On November
22, the City would participate in the Great American Smoke Out event to recognize local
businesses that participate in smoke-free environments and promote education.
5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6 CONSENT AGENDA
None.
7 COMMITTEE REPORTS
7A. Re-appointments to Various Boards and Committees (Commissioner Norris)
Commissioner Norris reviewed the staff report as detailed in the Agenda Packet. City
Clerk Bartle explained the recommendation to move Bruce Andrews to the District 1308
membership.
MOTION: Reappoint the nominees as listed (in the report).
Motion: Bruce Bole
Second: Candace Kelly
Ellen Glasser For
Bruce Bole (Moved By) For
Page 3 of 8
Agenda Item #1.A.
14 Mar 2022
Page 7 of 138
Regular City Commission
November 8, 2021
Michael Waters For
Candace Kelly (Seconded By) For
Brittany Norris For
Motion passed 5 to 0.
8 ACTION ON RESOLUTIONS
8A. RESOLUTION NO. 21-69
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE RADIOS
DURING THE 2021-2022 FISCAL YEAR.
Mayor Glasser read the Resolution by title.
CM Corbin reported the Resolution authorizes the purchase of 11 Police radios.
8B. RESOLUTION NO. 21-71
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE NEW TASER
7 DEVICES DURING THE 2021-2022 FISCAL YEAR.
Mayor Glasser read the Resolution by title.
Police Chief Victor Gualillo spoke regarding replacing the tasers as detailed in the staff
report. All questions were answered.
ACTION: Approve Resolution No. 21-71.
Motion: Brittany Norris
Second: Michael Waters
Ellen Glasser For
Bruce Bole For
Michael Waters (Seconded By) For
Candace Kelly For
Brittany Norris (Moved By) For
Motion passed 5 to 0.
8C. RESOLUTION NO. 21-72
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING THE TRAFFIC ENGINEERING, COMPLETE STREETS
PLANNING AND INITIAL DESIGN CONCEPTS FOR MAIN STREET.
Mayor Glasser read the Resolution by title.
Page 4 of 8
Agenda Item #1.A.
14 Mar 2022
Page 8 of 138
Regular City Commission
November 8, 2021
CM Corbin said the Resolution was specific to traffic engineering for Main Street and
spoke about project details.
Discussion ensued regarding suggestions regarding improvements for the road and the
surrounding area.
ACTION: Adopt Resolution No. 21-72.
Motion: Brittany Norris
Second: Bruce Bole
Bruce Bole (Seconded By) For
Brittany Norris (Moved By) For
Ellen Glasser For
Michael Waters For
Candace Kelly For
Motion passed 5 to 0.
9 ACTION ON ORDINANCES
9A. ORDINANCE NO. 20-21-162, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021, AND PROVIDING AN
EFFECTIVE DATE.
Mayor Glasser read the Ordinance by title.
CM Corbin reported on the Ordinance as detailed in the agenda packet.
MOTION: Approve Ordinance No. 20-21-162.
Motion: Candace Kelly
Second: Bruce Bole
Ellen Glasser For
Bruce Bole (Seconded By) For
Michael Waters For
Candace Kelly (Moved By) For
Brittany Norris For
Motion passed 5 to 0.
10 MISCELLANEOUS BUSINESS
Page 5 of 8
Agenda Item #1.A.
14 Mar 2022
Page 9 of 138
Regular City Commission
November 8, 2021
10A. Reappointments to Board Member Review Committee (Mayor Glasser)
Mayor Glasser explained the report as detailed in the agenda packet and requested
approval to reappoint Kenneth Reeves and Pamela White.
ACTION: Reappoint Kenneth Reeves and Pamela White for an additional term on the
Board Member Review Committee beginning January 1, 2022 and ending December 31,
2024.
Motion: Brittany Norris
Second: Bruce Bole
Ellen Glasser For
Bruce Bole (Seconded By) For
Michael Waters For
Candace Kelly For
Brittany Norris (Moved By) For
Motion passed 5 to 0.
10B. 2022 Donna Run
(Item 10B was taken out of sequence and acted on earlier in the meeting.)
11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
There were no reports.
12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
CM Corbin mentioned there would be an event on Friday with professional planners
regarding the future of Mayport Village.
13 ADJOURNMENT
There being no further discussion, Mayor Glasser declared the meeting adjourned at 7:39
p.m.
Attest:
Donna L. Bartle, City Clerk Ellen Glasser, Mayor
Date Approved: ____________________
Page 6 of 8
Agenda Item #1.A.
14 Mar 2022
Page 10 of 138
Miscellaneous Public Meeting
May 4, 2021
MINUTES
Miscellaneous Public Meeting Board and
Committee Training
Tuesday, May 4, 2021 - 6:00 PM
Commission Chamber (In-person and Virtual)
ATTENDANCE:
Members Present:
In-person:
Virtual:
Brittany Norris, Commissioner/ BMRC Chair
Kenneth Reeves, BMRC
Brian Major, CDB
Richard Schooling, CDB
Jeff Haynie, CDB
Troy Stephens, CDB
Kenneth Reeves, BMRC
James Moyer, CDB
Jeff Haynie, CDB
Jennifer Lagner, CDB
An Oskarsson, CARAC
Jane Stevens, CARAC
Mauricio Gonzalez, CARAC
Bruce Andrews, ESC
Mark Gabrynowicz, ESC Chair
Barbie Brooksher, ESC
Daniele Giovannucci, ESC Vice Chair
Linda Chipperfield, ESC
Romy Vann, ESC
Sarah Andrews Dark, ESC
Robert (Bob) Liggero, P-PBOT Chair
Ray Brandstaetter, G-PBOT Chair
Rob Miller, G-PBOT
Ed Peck, P-PBOT
Tim Anderson, P-PBOT
Staff Present:
In-person:
Virtual:
Brenna Durden, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Lori Diaz, Deputy City Clerk (DCC)
Kim Flower, Records Clerk (RC)
Amanda Askew, Planning and Community Development Director (PCDD)
CALL TO ORDER
The meeting was called to order at 6:00 p.m.
1 WELCOME
Commissioner Norris welcomed everyone and introduced attendees.
ATTACHMENT A
11-8-21 Minutes
Page 7 of 8
Agenda Item #1.A.
14 Mar 2022
Page 11 of 138
Miscellaneous Public Meeting
May 4, 2021
2 TRAINING TOPICS
City Attorney (CA) Durden referred to her slide show (which is attached hereto and made part
of this official record as ATTACHMENT A) as she explained and answered questions on the
following topics.
Definition of a meeting for purposes of the Sunshine Law
The Three Basic Requirements of the Sunshine Law
Penalties for Violating Sunshine Laws
The definition of "Public Record"
Public Records Law
What must be done with a public record when received
Retention Requirements
Electronic Communications
Violations of Public Records Law
Ethics for Public Officers/Officials
Solicitation or acceptance of gifts
Unauthorized compensation
Misuse of public position
Disclosure or use of certain information
Doing business with one's own agency
Conflicting employment or contractual relationship
Voting conflicts (Form 8B)
Nepotism
Financial Disclosure (Form 1)
ATTACHMENT A - 5-4-21 Presentation by Brenna Durden
CC Donna Bartle spoke about the mobile file that is kept in the Commission Chamber which
contains copies of forms, Sunshine Manual, and membership lists and asked that members let
her know if there is anything they would like added to have on hand for members.
CLOSING COMMENTS
Commissioner Norris encouraged everyone to review the information in the agenda packet
which contains a robust list of resources and forms pulled together by the city clerk. She noted
the usefulness of the Robert's Rules Cheat Sheet. She expressed the importance of boards and
committees, keeping citizens involved, and properly educating on these laws for everyone's
protection. Commissioner Norris thanked everyone for coming.
ADJOURNMENT
The meeting adjourned at 7:30 p.m.
Attest:
Donna L. Bartle, City Clerk Ellen Glasser, Mayor
Date Approved: _______________________
ATTACHMENT A
11-8-21 Minutes
Page 8 of 8
Agenda Item #1.A.
14 Mar 2022
Page 12 of 138
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 (F HSAA)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 1981 as 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 13 of 138
Page 14 of 138
?ruclamatiunof the
Qtity of 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 F GFOA is dedicated to being the City of Atlantic Beach Finance Department’s
professional resource by providing opportunities through education,networking,leadership and
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 appreciation to 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 15 of 138
Page 16 of 138
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 whet
her
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 17 of 138
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
5:30 to 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 5:1 5 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 18 of 138
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 10 am
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 19 of 138
MAYOR AND COMJVIISSION
May 202
1 11 IL 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
6130 Pm 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 —8 pm
29 30 31
Memorial Day
City Offices
Closed
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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)f
r
Hanson
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
g
r
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
u
e
aTask
Authorization to Hanson Professional Services in the arnotlnt ol'$7 l ,889.53 fordrainage ir
n
p
r
o
v
el
n
e
nt
s
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 41 of 138
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 engineering effort is intended to provide the City with a biddable set of plans
and speci?cations for improving drainage in the Mary Street area,and an opinion of probable costs;and
WHEREAS,the tasks included in the Scope &Fee proposal include hydrologic and 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 engineering services;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 Professional Services Scope
and Fee proposal dated January 7,2022,and;
SECTION 2.The City Commission hereby authorizes the City Manager to approve a Purchase Order to
Hanson Professional Services in the 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 42 of 138
January 7,2022
Mr.Steve Swann,PE
City Engineer
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,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 Exhibit A.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 will be 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 will be 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 43 of 138
Scope of Services
The Scope of Services for this project involves the following tasks:
Phase I —Data ReviewlCo|lection
Survey
Survey services will be provided to include:
1.The right of way limits for the proposed project limits.
2.Above ground improvements including but not limited to,above ground
utilities such as water meters/valves,sewer valves,manholes and pipe
direction with elevation,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 limits within the 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 within the project right of way.
Data shall be provided digitally and,(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 will include 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 will develop an existing drainage map
and perform drainage calculations to verify the proposed improvements will provide
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.Minimal analysis willbe performed to rule out the option of using the
existing ditch east of Mary Street as an outfall for the improvements.If a 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 will include 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 44 of 138
Geotechnical Services
Geotechnical services will not be included as part of this scope of services.
Permitting Requirements
The Consultant willcoordinate with SJRWMD to obtain confirmation the project qualifies
as an exemption.if for 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 additional effort 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 will be furnished to
the City for review and comment.Design documentation with calculations and an
opinion of probable cost willbe provided along with the design plans.The plans will be
reviewed by the City and written comments will be provided.The City will provide written
review comments within two (2)weeks from submittal.
Final Signed and Sealed Design Plans:Four (4)sets of half-sized (11”x 17”)drawings
will be furnished to the City for review and comment.Design documentation with
calculations and an opinion of probable cost will be provided along with the design plans.
Draft Bid Documents and Project Specifications using City standard format will be
included in this submittal.The plans willbe reviewed by the City and written comments
will be provided.The City will provide written review comments within two (2)weeks from
submittal.Agreed upon revisions will be made and revised signed and sealed plans,Bid
Documents,and Specifications willbe issued.
Utility Coordination
The Consultant willcontact the utility owners within the project limits and submit
preliminary plans to confirm existing facilities and identify utility impacts anticipated by
the proposed improvements.The Consultant willsubmit final plans to confirmldocument
existing facility conflicts and address relocation requirements.
Subsurface Utility Engineering
Consultant will provide up to one day of soft digs (VVH test holes)for utilities to
determine existing horizontal and vertical locations as needed to aid in con?ict
resolutions.This effort will include non-destructive locating (WH test holes)of existing
subsurface utilities to be identified by the engineer and survey of the utility locating.
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 will conduct a pre-application phone meeting with SJRWMD staff to discussrequestforexemption.Consultant will schedule Final plan review meeting to discuss review comments andrelayanydesigninformationnecessarytoconveytheintentoftheplans.3of4 Agenda Item #7.A.14 Mar 2022Page 45 of 138
Time Schedule
Within ten (10)days after Notice to Proceed (NTP),Consultant will update the schedule
provided with actual dates based on the NTP date.The schedule willfollow the outline below.
Receive NTP
Data Collection and Survey Within 30 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 will complete 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 II is authorized by the City,the specific construction administration services to be
provided by the Consultant during the period of construction will be negotiated under a separate
contract/scope of services.
4of4 Agenda Item #7.A.14 Mar 2022Page 46 of 138
GoqglgEarth Agenda Item #7.A.14 Mar 2022Page 47 of 138
EXHIBITB
CONTRACT FEE SUMMARY
MARY STREET DRAINAGE IMPROVEMENTS
.f%i:PARI:if=éGENERAl;;
0 ’
2.Proposal Number
NA
1.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
MISCELLANEOUSDIRECT COSTS SUBTOTAL $171 .00,
10.SubcontractslMiscellaneous Other (Lump Sum)
IMECivil &Surveying,LLC(Surveying Services)$7,800.00
$-
3 _
SUBCONTRACTS/MISCELLANEOUSOTHER(LUMP SUM)SUBTOTAL $7,800.00
TOTAL LUMP SUM AMOUNT(Items 5,6,8,9,and 10)2 22
T2ue (Subsurface Utility Engineering Services)$7,847.315;-TOTALREIMBURSABLECOSTS)’
N V W W (V
“SUMMARY.5 r
5 5 55 5
TOTAL AMOUNTOF CONTRACT (Lump Sum plus Reimbursables)(Items 5,6,8,9,10,11)4 $71,889.53 Agenda Item #7.A.14 Mar 2022Page 48 of 138
PRIME CONSULTANT
ESTIMATE OF WORK EFFORT AND FEE
FINALPLANS PREPARATION
CONSULTANT:Hanson Professional Services PROJECT NAME:MARYSTREET DRAINAGEIMPROVEMENTS
RFP NUMBER:NA FROM:DUTTON ISLANDRD WEST TO:STEWART STREH
ESTIMATOR NAME]DATE:Brian McKee,PE 1/7/2022 PROJECT LENGTH:1,400 Lineal Feel
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
General Project 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 8,1 39.24 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 49 of 138
STAFF HOUR SUMMARY
CONSULTANTNAME:Hanson Professional Services PROJECT NAME:MARY STREET 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 50 of 138
GENERAL PROJECT TASKS
cousuunm NAME:Hansun Professional Servioes PROJECT NAME:MARY smear DRAINAGE IMPROVEMENTS
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 Bid docslspets
0.2 Monthly Progress Reports L5 1 no 10 Progress Reports included with invoicing and initial project setup
0.:Meelings L5 1 a 5 See Listing Below
0.33 Phase Reviews EA 2 4 a 50%Plans a.Draft Final Plans (2 people)
TOTALS 53
Agenda Item #7.A.14 Mar 2022Page 51 of 138
DRAINAGE ANALYSIS
CONSULTANT NAME:Hanson Proissional Services PROJECT NAME:MARYSTREET DRAINAGE IMPROVEMENTS
ES‘l1MATOR NAME: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 for SJRWMD permit
exemgtion and coardinalion with Master Plan.Documentation for HMGF‘requirements
1.3 Project Quantities Ls 1 3 e 50%Si Final OPCC (Bhrs each)
1.4 Cost Estimate LS 1 8 8 50%&Final OPCC (4hrs each)
1.5 UtilityCoordination LS 1 40 40
1.5 Permit Apglicalians L5 1 1 1 Coordinationto con?rm permit exemption
1.7 Field Reviews Ls 1 a 3 2 @ 2 hrs each and 2 people
Analysis summai 151
1.3 Ouahty AssuranceIQuality 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 52 of 138
DRAINAGE PLANS
cousuumm NAME:Hanson Pmfessiunal seams PROJECT NAME:MARY smear DRAINAGE IMPROVEMENTS
ESTIMATOR NAME:Brian McKee,PE
DATE:1/7/21:22
TASK unns no or 1-ms PER 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 Mary St 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 53 of 138
MISCELLANEOUSDIRECT COST
CONSULTANT NAME:Hanson Professional Services PROJECT NAME:MARY STREET 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 54 of 138
&31
1S
tat
eR
oa
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.S
t
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/
valve
s.
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 Hans
on.
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 re
ce
ipt
ofinvoice.In
the event of default.it is understood that you are liable For all cost incurred far collection,which shall Includ
e
butnotlimited
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 55 of 138
Q
T
Z
utililv
en
gin
eer
s
January 6,2022
lvlr‘Brian “’|cKee'FEE.
Ulil
ily
Engineers
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 ii
ze
ti
o
n,
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 Engineer
s.
we look rorward to working with you on this very important project.After reviewing this proposal.s
h
o
u
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 56 of 138
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 p
o
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 t
h
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
stin
g
pavement
or other surface material (not to exceed two hundred twenty—five (225)square inche
s
percut).We
will then excavate the material through the cut down to the utility in a way tha
t
preve
nts
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 57 of 138
Scope of Services “
ti
n
”
engineers
>Upon obtaining necessary measurements on the subsurface utility,T2ue will the
n
backfi
ll
and
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
t
e
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—up willbedone
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 h
o
l
e
s
onevery
utility,due to:water table depth,soil conditions,utility depth,truck a
c
c
e
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
e
n
condition
sallow.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 hazardous materials
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 requi
red
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 58 of 138
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Agenda Item #7.A.14 Mar 2022Page 59 of 138
MANAGEMENT
Kev
in
eumria
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 RESP
ONS
E
CENTER
»v,~»m_.?o.«1.1ag,,—.$s_ug.a.g 27:22 Director:Row
Orlando.FL 323
05-
553
1
2555 Shurnnrd Oak Eculev-rd
Tallahassee.Fl.31392-2100
Agenda Item #7.A.14 Mar 2022Page 60 of 138
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 provi
des
a
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 torIo
n~
es tnat receives a subaward from a pass-through entity to carry out part of a Feder
al
Federal en
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-
through
entity."
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 Nove
mber
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
nag
em
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
Progr
am
Whether the award is R&D:N/A
Indirect cost rate for the Federal award:N/A
Agenda Item #7.A.14 Mar 2022Page 61 of 138
THIS AGREEMENT is entered into by the State of Florida,Division of 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 ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A.The Sub~Recipient represents that it is fully qualified 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 LAW TO 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 with federal or state
assistance”,applies to this Agreement.
(2)LAWS RULES REGULATIONSAND POLICIES
a.The Sub-Recipient's performance underthis Agreement is subject to 2 C.F.R.Part
200,entitled “Uniform AdministrativeRequirements,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 dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment.Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for 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 62 of 138
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 g
o
v
er
n
e
d
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 Gra
nt
Manager shall be responsible for enforcing performance or this Agreement-s terms and conditions and
shall serve as the Division's liaison with the suo—Recipient.As part of his/her duties,the Grant M
an
ag
er
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 63 of 138
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 representativ
e
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 64 of 138
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 Division will reimburse the Sub-Recipient o_n|yfor allowable costs incurred by the
Sub-Recipient in the successful completion of each deliverable.The maximum reimbursement amount
for each deliverable is outlined in Attachment 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_anofficial who is authorized to Iegallv bind 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.I am aware that any
false,fictitious,or fraudulent information,or the omission of any material fact,may subject me to criminal,
civil or administrative penalties for fraud,false statements,false claims or otherwise.(U.S.Code Title 18,
Section 1001 and Title 31,Sections 3729-3730 and 3801~3812)."
e.The Division willreview any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure,outlined in Attachment 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 with the 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.”it also remains consistent with the requirement,contained in 2 C.F.R.
§200.329,that the Division and the Sub-Recipient “relate financial data to performance goals and
objectives of the Federal award.”
g.lf authorized by the Federal Awarding Agency,then the Division willreimburse 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").if the 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 their employees 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 65 of 138
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,military leave,
administrative leave,and other similar benefits,are allowable if all 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.if authorized by the Federal Awarding Agency,then the Divisionwill reimburse 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 for travel must be in accordance with section 112.061,
Florida Statutes,which includes submission of the claim on the approved state travel voucher.lfthe Sub~
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($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 all funds expended during the grant agreement period
and produce a final reconciliation report.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 in an
incorrect amount (including overpayments and underpayments)under statutory,contractual,
administrative,or other legally applicable requirements;and,
ii.Any payment to an ineligible party,any payment for an ineligible good 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 66 of 138
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 Florida Auditor 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 timely and reasonable access to the Sub~Recipient's personnel for the
purpose of interview and discussion related to such documents.
c.As required by Florida Department 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.If any litigation,claim,or audit is started before the expiration of the 5-year
period,then the records must be retained until all litigation,claims,or audit findings involving the records
have been resolved and final action taken.
ii.When the Division or the Sub—Recipient is notified in 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.indirect cost rate proposals and cost allocations plans.This paragraph
applies to the following types of documents and their supporting records:indirect cost rate computations
particular group of costs is chargeable (such as computer usage chargeback rates or composite fringebenefitrates).Agenda Item #7.A.14 Mar 2022Page 67 of 138
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 it determines that
the records possess long~term retention value.
e.in accordance with 2 C.F.R.§200.336,the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request.if paper copies
are submitted,then the Division must not require more than an original and 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 identifiable information and other information the Federal awarding
agency or the Division designates 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 in the Sunshine Law (Section 286.011,Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements:(1)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 insufficient to
bring that entity within the ambit of the 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 of those agencies in the agencies’performance of their public duties.if a public agency delegates
the performance of its public purpose to a private entity,then,to the extent that private entity is
performing that public purpose,the Government in the Sunshine Law applies.For example,if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and 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 in the 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 recommendations to 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 official business which are used to8 Agenda Item #7.A.14 Mar 2022Page 68 of 138
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 by the 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,in a form sufficient to determine compliance with the 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 DUTY TO 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 in 2 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 in accounting standards issued by the Government Accounting
Standards Board (GASB)and the Financial Accounting Standards Board (FASB).”
c.When conducting an audit of the Sub—Recipient’sperformance under this Agreement,
the Divisionshall use Generally Accepted Government Auditing Standards (“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.If an audit shows that all or any portion of the funds disbursed were not spent in
reimbursement to the Division of 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 69 of 138
e.The Sub—Recipient shall 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 Division no later than nine months from the
end of the Sub-Recipient’s fiscal year.
f.The Sub—Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R.Part 200,by or on behalf of the Sub-Recipient,to the Division at 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 Audit reporting 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,Florida 32399-2100
(12)REPORTS
a.Consistent with 2 C.F.R.§200.328,the Sub—Recipient shall provide the Division with
quarterly reports and a close—outreport.These reports shall include the current status and progress by
the Sub—Recipientand all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement,in addition to any other information requested by the Division.
b.Quarterly reports are due to the Division no later than fifteen (15)days after the end
of each quarter of the program year and shall be sent each quarter until submission 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 in this Agreement,whichever first occurs.10 Agenda Item #7.A.14 Mar 2022Page 70 of 138
d.if all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division,then the Division may 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 well as
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 function or activity in Attachment A to this Agreement and reported in the
quarterly report.
b.in addition to reviews of audits,monitoring procedures may include,but not be limited
to,on—sitevisits by Division staff,limited scope audits,and/or other procedures.The Sub~Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division.In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate,the Sub-Recipient agrees to comply with any additional instructions 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 Florida Chief Financial
Officer or Auditor General.in addition,the Division willmonitor the 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 in section
768.28(2),Florida Statutes,the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement and,as authorized by section 768.28(19),Florida Statutes,Sub-Recipient
shall hold the Divisionharmless against all claims of whatever 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),Florida Statutes,agrees to be fullyresponsibleforitsnegligentortortiousactsoromissionswhichresultinclaimsorsuitsagainsttheDivision,and agrees to be liable for any damages proximately caused by the acts or omissions to theextentsetforthinsection768.28,Florida Statutes.Nothing herein is intended to serve as a waiver of11 Agenda Item #7.A.14 Mar 2022Page 71 of 138
sovereign immunity by any Sub-Recipient to which sovereign immunity applies.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
if any ofthe following events occur ("Events of Default"),all obligations on the part of the
Division to 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 Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies,and without becoming
liable to make any further payment if:
a.Any warranty or representation made by the Sub~Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any 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.Material adverse changes occur in the 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 Division or
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
If an Event of Default occurs,then the Division shall,after thirty (30)calendar days
written notice to the Sub-Recipient and upon the Sub~Recipient's failure to cure within those 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 prior written notice of the termination.The notice shall be effective when placed in the United
States,first class mail,postage prepaid,by registered or certified mail-return receipt 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 all or any part of a request for payment;d.Require that the Sub-Recipient refund to the Division any 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 limited to:12 Agenda Item #7.A.14 Mar 2022Page 72 of 138
i.Request additional information 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
if the situation is not corrected,
iii.Advise the Sub—Recipient to suspend,discontinue or refrain from incurring
costs for any activities in question or
iv.Require the Sub-Recipient to reimburse the Division for 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 in this Agreement or provided at law or in equity.If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub-Recipient,it willnot affect,extend or
waive any other right or remedy of the Division,or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub-Recipient.
(17)TERMlNATlON
a.The Division may 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 Division may terminate this Agreement for convenience or when it determines,in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds,by providing the Sub~Recipient with thirty (30)calendar day's prior written
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.in the event that this Agreement is terminated,the Sub—Recipientwill not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination.The Sub-Recipient willcancel as many outstanding obligations as possible.
Division may,to the extent authorized by law,withholdpayments to the Sub—Recipientfor the purpose ofset—offuntilthe exact amount of damages due the Division from the Sub-Recipient is determined.(18)PROCUREMENT 13 Agenda Item #7.A.14 Mar 2022Page 73 of 138
a.The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations,to include 2 C.F.R.
§§200.318 through 200.327 as well as Appendix ll to 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 will include,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 for the contract price.”
c.As required by 2 C.F.R.§200.318(b),the Sub-Recipient shall “maintain oversight to
ensure that contractors perform in accordance with the terms,conditions,and specifications of their
contracts or purchase orders.”in order to 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 hold the Divisionand Sub~Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work 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 administration of contracts."
f.As required by 2 C.F.R,§200.3‘l9(a),the Sub-Recipient shall conduct any
procurement under this agreement “in a manner providing full and 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 74 of 138
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;o
r,
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 manda
te
or
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
plu
s
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 con
trac
t
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 procurem
ent
standards in 2 C.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 75 of 138
(19)ATTACHMENTS
a.Allattachments to this Agreement are incorporated as if set out fully.
b.in the event of any inconsistencies or conflict between 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.Exhibit 1 ~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 —-Certification Regarding 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),Florida Statutes.Alladvances are required to be held in an interest-
bearing account.if an advance payment is requested,the budget data on which the request is based and
a justification statement shall be included in this 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 if a reimbursement has been paid prior
to the submittal ofa request for advanced payment.After the initial advance,if any,payment shall be
made on a reimbursement basis as needed.
b.invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services.The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement.An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub-
c.if the 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 76 of 138
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 “Division of Emergency Management",and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b.In accordance with section 215.34(2),Florida Statutes,if a check or other draft is
returned to the Division for collection,Sub-Recipient shall pay the Divisiona service fee of $15.00 or 5%
of the face amount of the returned check or draft,whichever is greater.
(22)MANDATEDCONDITIONS
a.The validity of 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.All of said information,representations,and materials are incorporated
by reference.The inaccuracy of the submissions or any material changes shall,at the option of the
Division and with thirty (30)days written notice to the Sub—Recipient,cause the termination of this
Agreement and the release of the Division from 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 in the Circuit Court of Leon County.if any provision
of this Agreement is in conflict with any applicable statute or rule,or is unenforceable,then the provision
shall be null and void to 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 Division under 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 public and private
e.Those who have been placed on the convicted vendor list following 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 77 of 138
a public entity.may not be awarded or perform work as a contractor,supplier,subcontractor,or
consultant under a contract with a public entity,and may not transact business with any public entity in
excess of $25,000.00 for a period of 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,within a five-year period preceding this proposal been convicted of
or had a civil judgment 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 indicted or otherwise criminally or 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
public transactions (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 Division reserves the right to unilaterally cancel this Agreement ifthe Sub-
Recipient refuses to allow public access to all documents,papers,letters or other material subject to the
provisions of chapter 1 19,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 Division or 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 Nationality Act("lNA")].The Division shall consider the employment by any contractor of unauthorized aliens a violation18 Agenda Item #7.A.14 Mar 2022Page 78 of 138
of Section 274A(e)of the lNA.Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e)of the lNA shall be grounds for unilateral cancellation of this Agreement by
the Division.
k.Section 287.05805,Florida Statutes,requires that any state funds provided for the
purchase of or improvements to real property are contingent upon the contractor or political subdivision
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 Division may,at its option,terminate the Contract if the 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 with Activitiesin Sudan List or the Scrutinized Companies with
Activitiesin the lran Petroleum Energy Sector List,or been engaged in business operations in Cuba or
Syria,or to have been placed on the Scrutinized Companies that Boycott lsrael List or 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 of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial
branch,or a state agency.”
c.No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
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 with the awarding of any Federal contract,the making of any
cooperative agreement.ii.if any funds other than Federal appropriated funds have been paid or will bepaidtoanypersonforinfluencingorattemptingtoin?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 79 of 138
connection with this Federal contract,grant,loan or cooperative agreement,the Sub—Recipient shall
complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities.“
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 certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into.Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code.Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(24)COPYRIGHT.PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITHTHE PERFORMANCEOF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA;AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITHTHE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a.If the Sub~Recipient has a pre~existing patent or copyright,the Sub—Recipientshall
retain all rights and entitlements to that pre~existing patent or copyright unless the Agreement provides
othen/vise.
b.If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement,or in any way connected with it,the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida willseek 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.If any books,manuals,films,or other copyrightable
material are produced,the Sub-Recipient shall notify the 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.Within thirty (30)days of execution of this Agreement,the Sub-Recipient shall
disclose all intellectual properties 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.if the Sub-Recipient qualifies as a state university under Florida law,then,pursuanttosection1004.23,Florida Statutes,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 80 of 138
inventions made jointly by one or more employees of both parties hereto,each party shall have an equal,
undivided interest in and to such joint inventions.The Division shall 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—Recipient certifies that it has 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)EQUAL OPPORTUNITY EMPLOYMENT
a.In accordance with 41 C.F.R.§60-‘I .4(b),the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work,or modification thereof,as
defined in the regulations of the Secretary of Labor at 41 C.F.R.Chapter 60,which is paid for in whole or
in part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant,contract,loan insurance,or guarantee,or undertaken pursuant to any
Federal program involving such grant,contract,loan,insurance,or guarantee,the following equal
opportunity clause:
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 limited to the following:
Employment,upgrading,demotion,or transfer;recruitment or recruitment
advertising;layoff or termination;rates of pay or other forms of
compensation;and selection for training,including apprenticeship.The
contractor agrees to post in conspicuous places,available to employees
and applicants for employment,notices to be provided setting forth the
provisions of this nondiscriminationclause.
qualified applicants will receive considerations for employment withoutregardtorace,color,religion,sex,sexual orientation,gender identity,ornationalorigin.iii.The contractor will not discharge or in any other mannerdiscriminateagainstanyemployeeorapplicantforemployment because21 Agenda Item #7.A.14 Mar 2022Page 81 of 138
such employee or applicant has inquired about,discussed,or disclosed
the compensation of the employee or applicant or another employee or
applicant.This provision shall not apply to instances in which an
employee who has access to the compensation information of other
employees or applicants as a part of such employee’s essential job
functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such
information,unless such disclosure is in response to a formal complaint
or charge,in furtherance of an investigation,proceeding,hearing,or
action,including an investigation conducted by the employer,or is
consistent with the contractor's legal duty to furnish information.
iv.The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding,a notice to be provided advising the said labor
union or workers’representatives of the contractor's commitments under
this section,and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
v.The contractor will comply with all provisions of Executive Order
11246 of September 24,1965,and of the rules,regulations,and relevant
orders of the Secretary of Labor.
vi.The contractor willfurnish all information and reports required by
Executive Order 11246 of September 24,1965,and by rules,
regulations,and orders of the Secretary of Labor,or pursuant thereto,
and 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.in the 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
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24,1965,and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24,1965,or by rule,regulation,or order of the
Secretary of Labor,or as otherwise provided by law.
viii.The contractor willinclude the portion of the sentence
immediately preceding paragraph (1)and the provisions of paragraphs
(1)through (8)in every subcontract or purchase order unless exempted
by rules,regulations,or orders of the Secretary of Labor issued pursuant
contractor willtake such action with respect to any subcontract orpurchaseorderastheadministeringagencymaydirectasameans ofenforcingsuchprovisions,including sanctions for noncompliance:Provided,however,that in the event a contractor becomes involved in,oristhreatenedwith,litigation with a subcontractor or vendor as a result of22 Agenda Item #7.A.14 Mar 2022Page 82 of 138
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 it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work:Provided,that if the applicant so participating is a State or local government,the above equal
opportunity clause is not applicable to any agency,instrumentality or subdivision of such government
which does not participate in work on or under the contract.
c.The Sub-Recipient agrees that it willassist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules,regulations,and relevant orders of the
Secretary of Labor,that it willfurnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance,and that it willotherwise assist
the administering agency in the discharge of the agency’s primary responsibility for securing compliance.
d.The Sub-Recipient further agrees that it will refrain 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 if it fails or refuses to comply with these undertakings,the
administering agency may take any or all of 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 until satisfactory
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,it will
incorporate or cause to be incorporated into any contract for construction work,or modification thereof,
the following clause:
applicable,which are incorporated by reference into this 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 83 of 138
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii.Breach.A breach of the contract clauses above may be grounds
for termination of the contract,and for debarment as a contractor and
subcontractor as provided in 29 C.F.R.§5.12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
if the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers,then any such contract
must include a provision for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department
of Labor regulations (29 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 in excess of the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market,or contracts for transportation.
(29)CLEAN AlR ACT AND THE FEDERALWATER POLLUTIONCONTROL ACT
if the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract
that exceeds $150,000,then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards,orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C.7401-7671q)
and the Federal Water PollutionControl Act as amended (33 U.S.C.
1251-1387),and will report violations to FEMAand the Regional Office of
the Environmental Protection Agency (EPA).
(30)SUSPENSION AND DEBARMENT
if the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract,
then any such contract must include the following provisions:
i.This contract is a covered transaction for purposes of 2 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 84 of 138
iii,This certification is a material representation of fact relied upon
by the Division.If it 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 limited to suspension
and/or debarment.
iv.The bidder or proposer agrees to comply with the requirements
of2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C while this
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 lower tier covered transactions.
(31)BYRDANTI-LOBBYINGAMENDMENT
If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract,
then any such contract must include the following clause:
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 it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency,a member of Congress,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.
If this subgrant agreement amount is $100,000 or more,the Sub-Recipient,and
subcontractors as applicable,shall sign Attachment K —Certification Regarding Lobbying.
(32)CONTRACTINGWITHSMALLAND MINORITYBUSINESSES,WOMEN'S BUSINESS
ENTERPRISES,AND LABOR SURPLUS AREA FIRMS
a.If the Sub-Recipient,with the funds authorized by this Agreement,seeks to procure
goods or services,then,in accordance 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 small and minority businesses and women's business
enterprises on solicitation lists;
enterprises whenever theyiii.Dividing total requirements,when economically feasible,into smallertasks orquantitiestopermitmaximumparticipationbysmallandminoritybusinesses,and women's businessenterprises;25 Agenda Item #7.A.14 Mar 2022Page 85 of 138
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,if subcontracts are to be let,to take the
affirmative steps listed in paragraphs i,through v.of this subparagraph.
b.The requirement outlined in subparagraph 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 identified above.
c.The “socioeconomic contracting”requirement outlines the 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 participation by 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
utilize streamlined 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 86 of 138
IN WITNESS WHEREOF,the parties hereto have executed this Agreement.
_/
SUB~RECiPIENT:City of/tlanticBeach
..s’:«/1"’?
By:
Name and Title:
Dale:70‘Z41E1
FE|D#;59—6000267
STATE OF FLORIDA
DIVISIONOF EMERGENCYMANAGEMENT
mu
Laura Dhuwe
y._(in;“am 1.u;1ao5r-7
Name and Title:Kevin Guthrie.Director
Date:11/12/21
27
for
Agenda Item #7.A.14 Mar 2022Page 87 of 138
EXHIBIT-1
THE FOLLOWINGFEDERALRESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency:Federal Emergency Management Agency:Hazard Mitigation Grant
Catalog of Federal Domestic Assistance title and number:97.039
Award amount:§57,447.25
THE FOLLOWINGCOMPLIANCEREQUIREMENTS APPLY TO THE FEDERALRESOURCES
AWARDED UNDER THIS AGREEMENT:
o 2 C.F.R.Part 200 Uniform AdministrativeRequirements,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 National Flood Insurance Act of 1968,42 U.S.C.4104c,as amended by
the National Flood Insurance Reform Act of 1994,Public Law 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 administrative and financial requirements as set forth in this
Agreement,or willbe in violationof the terms of the Agreement.
28 Agenda Item #7.A.14 Mar 2022Page 88 of 138
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,
Duval County,Florida,funded through the Hazard Mitigation Grant 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 I work in accordance with
all applicable federal,state and local laws,regulations and codes.
PROJECTOVERVIEW:
As a Hazard Mitigation Grant 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 Atlantic Beach,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 in the 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.Activities shall be
completed in strict compliance with Federal,State and Local applicable Rules and Regulations.
TASKS8:DELIVERABLESI
A)Tasks:
1)The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute
a contract with the selected bidder to complete the Phase l scope of work as approved by the Division
and FEMA.The Sub-Recipient shall select the qualified,licensed Florida contractor in accordance
All procurement activities shall contain sufficient source 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 89 of 138
The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from
participating in federally 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 for the method of
procurement and selection of contract type,contractor selection and/or rejection and bid tabulation and
listing,and the basis of contract price.
The Sub—Recipient shall provide an executed “Debarment,Suspension,lneligibility,Voluntary
Exclusion Form”for each contractor and/or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division by the 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 I portion of this project in accordance with the
Hazard Mitigation Grant Program application and supporting documentation as submitted to the
Division and subsequently approved by the Division and FEMA.The Divisionand FEMA shall 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 all applicable state,local and
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.
All Phase I work shall be completed in accordance with all applicable 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,if any.
a)Two sets of engineering Signed/Sealed final design and analysis,surveying,and Hydrologic and
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 all construction 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 environmental permits 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 documentation requested by the Division,not limitedto Project Conditions andRequirementsherein.30 Agenda Item #7.A.14 Mar 2022Page 90 of 138
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 fully complete
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 Affidavit signed by the 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 within the terms and timelines of this agreement.
All supporting documentation shall agree with the requested billing period.All costs submitted for
reimbursement shall contain adequate source documentation which may include but not be limitedto:
cancelled checks,bank statements,Electronic Funds Transfer,paid bills and invoices,payrolls,time
and attendance records,contract and subcontract award documents.
Direct Expenses:The Sub-Recipient shall pre~audit bills,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.FEMA defines management costs
as any:indirect costs,Direct administrative costs,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 activities that manage,coordinate,and
supervise the construction process from project scoping to project completion are project costs.These
activities cannot 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 additional funding.FEMA has established a threshold where annual
increments will be applied to larger awards allowing smaller awards to be fully obligated.Obligations
will be handled by the size of the total subaward.
The Sub-Recipient shall pre-audit all SRMC source documentation —-personnel,fringe benefits,travel,
equipment,supplies,contractual,and indirect costs.A brief narrative is required to identify what the
funds will be used for.Documentation shall be detailed and clearly describe each approved task
shown on the Personnel Activity Form,and all Personnel or Contractual SRMC shall be invoicedseparatefromallotherprojectcosts.Project Management Expenses (only applies to disasters prior to August 1,2017,all others adhere toFEMAPolicy#1 04-1 1-1 for SRMC):The Sub-Recipient shall pre-audit source documentation such aspayrollrecords,project time sheets,attendance logs,etc.Documentation shall be detailed informationdescribingtasksperformed,hours devoted to each task,and the hourly rate charged for each hour31 Agenda Item #7.A.14 Mar 2022Page 91 of 138
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 eligible work,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,if applicable,shall be conducted by the Division
in coordination 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 in the 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 Atlantic Beach,Florida
32233.
The project shall be designed to provide protection against a 100-year storm event.Activities shall be
completed in strict compliance with Federal,State and Local applicable Rules and Regulations.
Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement,
the Divisionshall reimburse the Sub-Recipient based on the percentage of overall project completion.
PROJECTCONDITIONSAND REQUIREMENTS:
C)
damages to be mitigated (commensurate with the level of funding requested).The H&H study 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 limited to,the existing and proposed hydrology and hydraulicsforthelevelofeventbeingmitigated.32 Agenda Item #7.A.14 Mar 2022Page 92 of 138
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 include final Phase I Fees and Phase ll Construction Materials and
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 in the 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 if project site is located within a designated historic district or 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 full extent 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 Division and FEMA before Phase II is considered.
Previous and current use of proposed project area.
Any known site work or historic uses for the proposed location.
No construction work may begin until Phase ll is approved by the Division and FEMA.
Programmatic:
the budget implications.The Sub-Recipient must notify the Division as soon as significant developments become known,suchasdelaysoradverseconditionsthatmightraisecostsordelaycompletion,or favorable conditionsallowinglowercostsorearliercompletion.33 Agenda Item #7.A.14 Mar 2022Page 93 of 138
9)
The Sub-Recipient must “obtain prior written approval for any budget revision which would result in a
need for additional funds”[44 CFR 13(c)],from the Division and 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 Division template,as applicable.
Any extension of the Period of Performance shall be submitted to FEMA60 days prior to 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 of work,to the Division a minimum
of seventy (70)days prior to the expiration date,for Division processing to FEMA.
A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of
execution.
Phase l —Design of this project is approved with the condition that 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 I is 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 BCA for Phase ll approval,
must be based on the inputs and outputs of a hazard related study such as erosion,Hydraulic &
Hydrologic study,damage calculations,road closures,etc.No assumptions or historical damage will
be acceptable for final BCA of Phase ll approval.No construction activities for 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 clarification in 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 Stafford Act,and the Hazard Mitigation Grant 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 activities in 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 overall project.
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%of the total project costs awarded.
d)SRMC is 100%federally funded and will be reimbursed based on actual costs incurred for each
Request Reimbursement (RFR)submitted with the required documentation.
f)If the Final Project Reconciliation results in a reduction of total project costs,any resulting SRMCoverpaymentshallbereimbursedbacktotheStateforreturntoFEMApriortoFEMACloseout.34 Agenda Item #7.A.14 Mar 2022Page 94 of 138
This is FEMAproject number4468-014-R.it is funded 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 by both parties,
and the Period of Performance for this project shall end on November 30,2022.
F)Financial Conseguences:
If the Sub-Recipient fails to comply with any term of the award,the Division shall take one or more of the
following actions,as appropriate in the circumstances:
1)Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient;
2)Disallowall or part of the cost of the activity or action not in compliance;
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 95 of 138
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
Initial Agreement 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 written approval 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/st conform 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 FEMA prior 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 96 of 138
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant 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 Florida AdministrativePlan for the Hazard Mitigation Grant Program;
(4)Hazard Mitigation Assistance 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 fully perform the approved hazard mitigation project,as described in the
Application and Attachment A (Budget and Scope of Work)attached to this Agreement,in accordance
with approved scope of work indicated therein,the estimate of costs indicated therein,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 with any and all applicable 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,Florida Statutes.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 Environmental Protection,the Florida Department of
Health,the Florida Game and Fish Commission,and any Federal,State,or local environmental 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 in conformity with
applicable codes,specifications and standards.
The Sub-recipient will provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the completed work conforms with the approved plans and
specifications and willfurnish progress reports and such other information to HMGP as may be required.
project,then the Sub-recipient shall ensure that,as a condition of funding 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 97 of 138
(2)
(3)
(4)
(5)
The property will be 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 facility that is open on all sides and functionally related to a designed open
space;
b.a restroom;or
A structure that the Director of 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 will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source;and
if any 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
Florida without further notice to the owner,its successors and assigns,and the owner,its
successors and assigns shall forfeit all right,title and interest in and to the property.
HMGP Contract Manager willevaluate requests for cost overruns and submit to the regional
Director written determination of cost overrun eligibility.Cost overruns shall meet Federal regulations set
forth in 44 C.F.R.§206.438(b).
The National EnvironmentalPolicy Act (NEPA)stipulates that additions or amendments to a
HMGP Sub-Recipient Scope of Work (SOW)shall be reviewed by all State and Federal agencies
participating in the NEPA process.
As a reminder,the Sub-recipient must obtain prior approval from the State,before implementing
changes to the approved project Scope of Work (SOW).Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
(1)
(2)
(3)
For Construction projects,the grantee must “obtain prior written approval for any budget
revision which result in a need for additional funds”(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 notify the 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 prior to the project
expiration date.
The Sub-recipient assures that it will comply with 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,Florida StatutesChapter119,Florida StatutesSection216.181(6),Florida Statutes38 Agenda Item #7.A.14 Mar 2022Page 98 of 138
(9)Cash Management Improvement Act of 1990
(10)American with DisabilitiesAct
(11)Section 112.061,Florida Statutes
(12)immigration and Nationality Act
(13)Section 286.011,Florida Statutes
(14)2 C.F.R.Part 200 —UniformAdministrativeRequirements,Cost Principles,and Audit
Requirements for Federal Awards
(15)Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(16)Title I of the Omnibus Crime Control and 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 disability discrimination,28 C.F.R.,Part 35 and
Part 39
(23)42 U.S.C.5154a
39 Agenda Item #7.A.14 Mar 2022Page 99 of 138
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 duly adopted or passed as an official act 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 in it,
and directing and authorizing the Sub-recipient’s chief administrative officer or designee to act in
connection with the application and to provide such additional information as 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 locality in 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,in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose stated above;
All Sub-recipient contracts for which the State Legislature is in any part a funding source,shall
contain language to provide for termination with reasonable costs to be paid by the Sub-recipient
for eligible contract work completed prior to the date the notice of suspension of funding was
received by the Sub-recipient.Any cost incurred after a notice of suspension or termination is
received by the Sub-recipient may not be funded with funds provided under this Agreement
unless previously approved in writing by the Division.All Sub-recipient contracts shall contain
provisions for termination for cause or convenience and shall provide for the method of payment
in such event;
it will comply 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 all hours worked in excess 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 all hours worked in excess of the prescribed
work—week.
it will comply 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 will immediately take any measuresnecessarytoeffectuatethisassurance.if any real property or structure thereon isprovidedorimprovedwiththeaidofFederalfinancialassistanceextendedtotheSub-40 Agenda Item #7.A.14 Mar 2022Page 100 of 138
recipient,this assurance shall obligate the Sub-recipient,or in the 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 involving the provision of similar services 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 national origin 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;
It willestablish safeguards to prohibit employees 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,
particularly those with whom they have family,business,or other ties pursuant to section 112.313
and section 112.3135,Florida Statutes;
It willcomply with the Anti-KickbackAct of 1986,41 U.S.C.Chapter 87 which outlaws and
prescribes penalties for “kickbacks”of wages in federally financed or assisted construction
activities;
it willcomply with the provisions of 5 U.S.C.7323 (further known as the Hatch Act)which limits
the political activities of employees;
it willcomply with the ?ood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973,as amended,42 U.S.C.50,including requirements regarding the
purchase of ?ood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction 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 within Special Flood Hazard Areas (SFHA),the Sub-recipient must include a
FEMAModelAcknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard
Area with FEMA Grant 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
It will require every building or facility (other than a privately owned residential structure)
designed,constructed,or altered with funds provided under this Agreement to comply with the
“Uniform Federal Accessibility Standards,”(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 with Section 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 101 of 138
(1)
(2)
(3)
(4)
(5)
(5)
Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places 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)”which addresses 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 in 36 C.F.R.,Part 800.
When any of the Sub-recipient's projects funded under this Agreement may affect a
historic property,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 in consultation with the State Historic Preservation Office (SHPO)and suggest
methods of repair or construction that willconform with the recommended approaches
set out in the 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 will not conform with the 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 limited to,impacts to archeological sites,and the salvage,storage,and
reuse of any significant architectural features that may otherwise be demolished.
The Sub-recipient agrees to notify FEMAand the Division if any project funded under this
Agreement willinvolve ground disturbing activities,including,but not limitedto:
subsurface disturbance;removal of trees;excavation of footings and foundations,and
installation of utilities(such as water,sewer,storm drains,electrical,gas,leach lines and
septic tanks)except where these activities are 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 National Register eligible archeological
property or willmake recommendations for the development of a treatment plan for the
recovery or archeological data from the property.
If the Sub-recipient is unable to avoid the archeological property,develop,in consultation
with SHPO,a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council)publication “Treatment of
Archeological Properties”.The Sub-recipient shall forward information regarding the
treatment plan to FEMA,the SHPO and the Council for review.if the SHPO and the
Council do not object within fifteen (15)calendar days of receipt of the treatment plan,
resolved.The Sub-recipient shall notify the Division and 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)if it appears that a projectfundedunderthisAgreementwillaffectapreviouslyunidentifiedpropertythatmaybe42 Agenda Item #7.A.14 Mar 2022Page 102 of 138
(m)
(D)
(<1)
(i)
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner.The Sub-recipient acknowledges that FEMA may require the Sub-
recipient to stop construction in the vicinity of 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 in an unanticipated manner.The Sub-
recipient further acknowledges that FEMA may require the Sub-recipient to take all
reasonable measures to avoid or minimize harm to such property until FEMAconcludes
consultation with the SHPO.The Sub-recipient also acknowledges that FEMAwill
require,and the Sub-recipient shali comply with,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 significantly adversely affects a
historic property,or having the legal power to prevent it,allowed such significant adverse
effect to occur.
it will comply with applicable provisions of the following laws and policies prohibiting
discrimination:
Title VI of the Civil Rights Act of 1964,as amended,which prohibits discrimination based
on race,color,or national origin (including limited English proficiency).
Section 504 of the RehabilitationAct of 1973,as amended,which prohibits discrimination
based on disability.
Title IX of the Education Amendments Act of 1972,as amended,which prohibits
discrimination based on sex in education programs or activities.
Age DiscriminationAct of 1975,which prohibits discriminationbased on age.
U.S.Department of Homeland Security regulation 6 C.F.R.Part 19,which prohibits
discriminationbased on religion in social service programs.
it willcomply with Title lX of the Education Amendments of 1972,as amended (20 U.S.C.1681-
1683 and 1685-1686)which prohibits discrimination on the basis of sex;
it willcomply with the Comprehensive AlcoholAbuse and Alcoholism Prevention,Treatment and
RehabilitationAct of 1970,(42 U.S.C.4541-45-94)relating to nondiscriminationon the basis of
alcohol abuse or alcoholism;
It willcomply 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 confidentiality of alcohol and drug abuse patient records;
It will comply with 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 residential structures;
it will comply with the Energy Policy and Conservation Act (P.L.94-163;42 U.S.C.6201-6422),
Energy Conservation Plan adopted pursuant thereto;
it willcomply with 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;it willcomply with Title Vlll of the Civil Rights Act of 1968,(42 U.S.C 2000c and 42 U.S.C.3601-3619),as amended,relating to non-discriminationin the sale,rental,or financing of housing,and43 Agenda Item #7.A.14 Mar 2022Page 103 of 138
(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;
It willcomply with the Clean Air Act of 1955,as amended,42 U.S.C.7401-7675;
It willcomply with the Clean Water Act of 1977,as amended,33 U.S.C.1251-1388
it will comply with the endangered Species Act of 1973,16 U.S.C.1531-1544;
it will comply with the Intergovernmental Personnel Act of 1970,42 U.S.C.4701-4772;
It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966,as amended,54 U.S.C.;
it willcomply with environmental standards which may be prescribed pursuant to the National
EnvironmentalPolicy Act of 1969,42 U.S.C.4321-4347;
it willassist 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
it willcomply with the Rehabilitation Act of 1973,Section 504,29 U.S.C.794,regarding non-
discrimination;
it will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974,42 U.S.C.300f-300]-27,regarding the protection of underground
water sources;
it willcomply 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;
It willcomply with the Wild and Scenic Rivers Act of 1968,16 U.S.C.1271-1287,related to
protecting components or potential components of the national wild and scenic rivers system;
it willcomply with the following Executive Orders:EO 11514 (NEPA);EO 11738 (violating
facilities);EO 11988 (Floodplain Management);EO 11990 (Wetlands);and E0 12898
(Environmental Justice);
it willcomply with the Coastal Barrier Resources Act of 1977,16 U.S.C.3501-3510;
It willassure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972,16 U.S.C.1451-14674;and
It will comply with the Fish and Wildlife Coordination 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 104 of 138
(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 of the inspection results for each structure to indicate:
a.Safety Hazard Present
b.Health Hazards 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.
Notify the Division promptly of any unusual existing condition which hampers the
contractor's work.
Obtain all required permits.
Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and 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 with the 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.Environmental Protection
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 105 of 138
Attachment D
REQUEST FOR ADVANCE OR REIMBURSEMENT
OF HAZARDMITIGATION ASSISTANCE PROGRAM FUNDS
SUB-RECIPIENT:City of Atlantic Beach
REMITADDRESS:800 Seminole Road
CITY:Atlantic Beach 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,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.I am aware that any false,?ctitious,or fraudulent information,or the omission of any
material fact,may subject me to criminal,civil or administrative penalties for fraud,false statements,false claims or
otherwise.(US.Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812.
SUB-RECIPIENTSIGNATURE:
NAME:TITLEI
TO BE COMPLETEDBY THE DIVISION
DATE:
APPROVED SRMC TOTAL:$APPROVED FOR PAYMENT $DATEGOVERNOR'S AUTHORIZEDREPRESENTATIVE46 Agenda Item #7.A.14 Mar 2022Page 106 of 138
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
ec
t
line
item budget.Provide a brief description or the articles or services.List sen/ice dates per each invoi
ce.
47
Agenda Item #7.A.14 Mar 2022Page 107 of 138
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT:City of Atlantic Beach
If you 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 D with the cost share breakdown along with Attachment E and all
supporting documentation.
ESTIMATED EXPENSES
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
LINE ITEMJUSTIFICATION (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 108 of 138
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 conoiii
ons
are
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 109 of 138
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 with the
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—Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Sub-Recipient.
50 Agenda Item #7.A.14 Mar 2022Page 110 of 138
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,voluntarily excluded,or
disqualified from participation in 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 111 of 138
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 ability to hold
the government accountable for each spending decision.The FFATA legislation requires information on
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 Florida Division of Emergency
Management (“FDEM”or “Division”)must use to capture and report sub-award and executive
compensation data regarding first~tier sub-awards that obligate $25,000 or more in Federal funds
(excluding Recovery funds as defined in section 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 distributed to sub-awardees for completion.All pertinent information below
should be filled out,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 (if applicable):
DUNS#:081944514
DUNS#+4:
52 Agenda Item #7.A.14 Mar 2022Page 112 of 138
*lfyour company or organization does not have a DUNS number,you will need 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:
DBA NAME(IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE3:
CITY STATE ZIP CODE+4**
PARENT COMPANY DUNS#(if applicable):
CATALOG OF FEDERAL DOMESTICASSISTANCE (CFDA#):
DESCRIPTION OF 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 in Atlantic Beach,Florida 32233.Coordinates (30.3404,-81.4208).
The scope of work is for Phase I only,which includes but is not limited to 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 in the 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 with Federal,State and Local applicable Rules and Regulations.
Verify the approved project description above,if there 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 113 of 138
CONGRESSIONAL DISTRICTFOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
“Providing the Zip+4 ensures that the correct Congressional District is 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 all affiliates 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 114 of 138
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 information about 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:]
If the 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.]
If the answer to Question 2 is “No”FFATA reporting is required.Provide the information required
in the “TOTAL COMPENSATION CHART 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 of this request,the following terms
apply as defined in 2 C.F.R.Ch.1 Part 170 Appendix A:
“Executive"is defined as "officers,managing partners,or other employees in management positions”.
“Total Compensation”is defined as the cash and noncash dollar value earned by the 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 Financial Accounting Standards No.‘I23 (Revised 2004)
(FAS 123R),Shared Based Payments.
iii.Earnings for services under non-equity incentive plans.This does not include group life,
health,hospitalization or medical reimbursement plans that do not discriminate in favor 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-market earnings on deferred compensation which is not tax—qualified.
vi.Other compensation,if the aggregate value of all such other compensation (e.g.severance,
termination payments.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 115 of 138
TOTAL COMPENSATIONCHART FOR MOST RECENTLYCOMPLETEDFISCAL YEAR
(Date of Fiscal Year 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 THAT ON THE DATE WRITTENBELOW,THE INFORMATION
PROVIDEDHEREINIS AC
SIGNATURE:
NAMEANDTITLE:
DATE:10-28-21
EIIen Glasser,Mayor
56 Agenda Item #7.A.14 Mar 2022Page 116 of 138
Attachment J
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix ii to 2 C.F.R.Part 200.It is the responsibility of the sub-recipient to include the required
provisions.The following is a list of sample provisions from Appendix ii to 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,all contracts
made by the non-Federal entity under the Federal award must contain provisions covering the following,
as applicable.
(A)Contracts for more than the simplified acquisition threshold,which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and 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 it willbe 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”in 41 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-Bacon Act,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 of the current prevailing wage determination issued by the Department of Labor in each
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 provision for 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 in the construction,completion,or1Forexample,the Davis-Bacon Act is not applicable to other FEMAgrant and cooperative agreementprograms,including the Public Assistance Program or Hazard Mitigation Grant Program;however,sub-recipient may include the provision in its subcontracts.57 Agenda Item #7.A.14 Mar 2022Page 117 of 138
repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The
non-Federal entity 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 in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are applicable
to construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary,hazardous or dangerous.These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market,or
contracts for transportation or transmission of intelligence.
(F)Rights to lnventions Made Under a Contract or Agreement.if the Federal award meets the
de?nition of “funding agreement"under 37 C.F.R.§401.2 (a)and the recipient or Sub—recipient wishes 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 with all applicable standards,
orders or regulations issued pursuant to the Clean AirAct (42 U.S.C.7401—7671q)and the Federal Water
Pollution Control Act as amended (33 U.S.C.1251-1387).Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection 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 List System
in the System for Award Management (SAM),in accordance with the OMB guidelines 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 well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(l)Byrd Anti-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 it will not
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 in connection 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 with obtaining 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 118 of 138
FENIA created the 201 S PDAT Contract Provisions Template to assist non—Federal entities.It avai
labl
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 119 of 138
Attachment K
Certification Regarding Lobbying
Check the appropriate box:
This Certification Regarding Lobbying is 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 is n_qtrequired because the Contract,Grant,Loan,or Cooperative Agreement will
be less than $100,000.
APPENDIXA 44 C.F.R.PART 18 —CERTIFICATIONREGARDING LOBBYING
_:———3_—
Certi?cationfor Contracts,Grants,Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
J)No Federal appropriated funds have been paid or willbe paid,by or on behalf of the undersigned,to
any person for in?uencing or attempting to in?uence an officer or employee of an agency,a Member
of Congress,an officer or employee of Congress,or an employee of a Member of Congress in
connectionwith the awarding of any Federal contract,the making of any Federal grant,the making of
any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,
renewal,amendment,or modi?cation of any Federal contract,grant,loan,or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or willbe paid to any person for
in?uencing or attempting to in?uence an of?cer or employee of any agency,a Member of Congress,
an officer or employee of Congress,or an employee of a Member of Congress in connectionwith this
Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit
Standard Form-LLL,"DisclosureForm to Report Lobbying,”in accordance with its instructions.
The undersigned shall require that the language of this certi?cation be includedin the award
documents for all subawards at all tiers (including subcontracts,subgrants,and contracts under
grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose
accordingly.
This certi?cationis a materialrepresentation of fact upon which reliance was placed when this transaction was
made or entered into.Submission of this certi?cationis a prerequisite for making or entering into this
transaction imposed by section 1352,title31,U.S.Code.Any person who fails to ?le the required certi?cation
shall be subject to a civilpenalty of not less than $10,000 and not more than $100,000 for each such failure.
The Sub-Recipient or subcontractor,Ctty 0t Attanttc Beach ,certi?es or affirms the
truthfulness and accuracy of each statement of its certi?cationand disclosure,if any.in addition,the Contractor
understands and agrees that the provisions of 31 U.S.C.Chap.38,AdministrativeRemedies for False Claims
and Statements,apply to this certification and disclosure,if any.
Digitallysigned by Stephen C Swann
Ste hen C.Swann,Ci En ineerNameandTitleofSub-Recipient/subcontractorsAuthorizedOf?cial10--21Date 60 Agenda Item #7.A.14 Mar 2022Page 120 of 138
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 De
pa
rt
me
nt
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
e
s
s
a
r
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
u
il
d
i
n
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 121 of 138
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,with the low bid price of $60,707.00
submitted by Lewis Walker Roo?ng,Inc.;and
WHEREAS,Lewis Walker Roofing,Inc.submitted all required documents in their bid submittal,
including positive references,and also performed the required site visit;and
WHEREAS,the project consists of furnishing all labor,equipment and 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 perform the 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 in the amount of $60,707.00;
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 14"‘day of March,2022.
Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #7.B.14 Mar 2022Page 122 of 138
City of Atlantic Beach
Asphalt Shingle Roof Replacement at City Hall
February 23,2022
Bid 2122-03
Required Documents Fidus Roo?ng Lewis Walker Roo?ng,Inc.Register Roo?ng Rogers Roo?ng Corp.Storms United
in Triplicate —All X X X X X
Document Requirements Checklist X X X X X
Bid Fonn X X X X X
Bid Bond-5%ofBid X X X X X
W-9 Form X X X X X
Drug Free Workplace X X X X X
Public Entity Crimes Statement X X X X X
Public Records Provisions X X X X X
E-Verify Form X X X X X
New Vendor Information Form X X X X X
Business Tax Receipt X X X PINELLAS C0.NOT REQUIRED X
Proof of Experience -5 years‘X X X X N0
Quali?cations:Certified Roo?ng X X X X ResidentialContractor
Financials -2 years‘NO X X N0 N0
Insurance X X NO X X (NEEDS UPDATED)
§:::::;°::m;;:“3$:;:::::*P“°“x x x X x
Site Visit DocumentationForm NOT SIGNED X X X X
N 0 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 Bid based on Department Analysis or Commission Approval Agenda Item #7.B.14 Mar 2022Page 123 of 138
Page 124 of 138
Agenda Item #7.C.14 Mar 2022Page 125 of 138
Agenda Item #7.C.14 Mar 2022Page 126 of 138
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
er
se
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 127 of 138
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 comprehensive review of its
records management system;and
WHEREAS,the City Commission did include in its 2022 Atlantic Beach City Commission
Priorities a priority to “establish best practices in 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 described in “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 coordination with 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 appropriate and effective,the City ManagerisherebyauthorizedtoengageanoutsideconsultantwithsubstantialexperienceinpublicrecordsmanagementsystemsinFloridatoassistintherecordsmanagementsystemreviewproject,provided thatCityManageradvisestheCommissionofhisdeterminationpriortoretainingtheconsultantandthatthecostthereofshallnotexceed$25,000.00.Page 1 of 2 Agenda Item #7.D.14 Mar 2022Page 128 of 138
SECTION 3.The City Manager shall present periodic progress reports to the Commission and a
?nal report identifying revisions and best practices to be implemented to 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 129 of 138
.RsconnsMAVNAGEMVENFT Category F Priority ResponsibleParty
.l
DateStartedStatusNotes
1.Review and adopt applicable Divisionof Libraryand Information Services recommendations of recordmaklng and
recordkeeping to formalizea city records management program to include the following:
,.....
a.Develop and adopt Records Management Policies,setting program objectives and organizational responsibilities
for the implementation and continued maintenance ofa city-wide records management program.
b.Create a Records Management Plan and/orProcedural Handbook to guide staff in the day—to-daymanagement of
records and information.
c.Vital,Permanent,or Archivalrecords should be imaged and stored in the Laserfiche program.
d.City Clerkand staff should regularly attend records management training opportunities to stay abreast of public
records related requirements.
2.Consult the Divisionof Libraryand Information Services,Public Records Center FacilitiesGuidelinesin determining
_t_h_e_best practices for records storage,retention and disposition:
a.Develop written procedures outlining the proper storage and management ofall records --vital,permanent,
archival,and otherwise.....___....
b.Complete a formalized inventory of the Off-SiteFacilityto determine facility contents and appropriate
management thereof.This should include the proper labeling of boxes.
c.Regular disposition of eligible records should be completed pursuant to the requirements of Rule1B~24,Florida
AdministrativeCode.
3.Transfer all records considered vital,permanent,or archival out of the Off-Site Facilityto an appropriate storage
area meeting the requirements of section 119.021(1)(b),FloridaStatutes.
4,Improve the the process of records disposition to include:
a.Develop written procedures outlining records disposition city—wideand to include all formats of records.
b.Coordinate the disposition of records that have met retention each fiscal year.Agenda Item #7.D.14 Mar 2022Page 130 of 138
Agenda Item #7.E.14 Mar 2022Page 131 of 138
Agenda Item #7.E.14 Mar 2022Page 132 of 138
Agenda Item #7.E.14 Mar 2022Page 133 of 138
Agenda Item #7.E.14 Mar 2022Page 134 of 138
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 con
sist
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 the po
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 135 of 138
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 renamed to Complete Streets to
re?ect the goals of Commission to create describes a comprehensive,integrated
transportation network with infrastructure and design that allow safe and convenient travel
along and across streets for all users,including pedestrians,bicyclists,persons with
disabilities,motorists,movers of commercial goods,users and operators of public
transportation,seniors,children,youth,and families;and
WHEREAS,this ordinance helps create a formal process to implement Complete 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 convenience of pedestrians and bicyclists in mind increase the number of
people walking and bicycling;and
WHEREAS,a balanced transportation system that includes Complete Streets is conducivetostreetsthatarelivelywithpeoplewalkingandbicyclingtoeverydaydestinations,suchasschools,shops,restaurants,businesses,parks,transit,and jobs,which in turn enhancesneighborhoodeconomicvitalityandlivability;and Agenda Item #8.A.14 Mar 2022Page 136 of 138
VVHEREAS,encouraging people to walk,bicycle,and use public transit energy
resources,reduces air pollution,and reduces ernissions of global warming gas
es;
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 directed bythe
&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 zic
rnI1-r all users iiiuluding pedeslritins hicyclists person with disabilities nioto
niovers nl‘coinincrclul i:(I5.users and operators 0LPUbiiC transportation.s
e
n
i
o
r
s
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 ,20
22
.
PASSED by the City Commission on second and ?nal reading this day o
f
,
2022.Agenda Item #8.A.14 Mar 2022Page 137 of 138
CITY OF ATLANTIC BEACH
Ellen Glasser,Mayor
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Brenna M.Durden,City Attorney
Agenda Item #8.A.14 Mar 2022Page 138 of 138