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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 Agenda Item #3.A.14 Mar 2022Page 20 of 138 Agenda Item #3.B.14 Mar 2022Page 21 of 138 Agenda Item #3.B.14 Mar 2022Page 22 of 138 Agenda Item #3.B.14 Mar 2022Page 23 of 138 Agenda Item #3.B.14 Mar 2022Page 24 of 138 Agenda Item #3.B.14 Mar 2022Page 25 of 138 Agenda Item #3.B.14 Mar 2022Page 26 of 138 Agenda Item #3.B.14 Mar 2022Page 27 of 138 Page 28 of 138 Agenda Item #3.B.14 Mar 2022Page 29 of 138 Agenda Item #3.B.14 Mar 2022Page 30 of 138 Agenda Item #3.B.14 Mar 2022Page 31 of 138 Agenda Item #3.B.14 Mar 2022Page 32 of 138 Agenda Item #3.B.14 Mar 2022Page 33 of 138 Agenda Item #3.B.14 Mar 2022Page 34 of 138 Agenda Item #3.B.14 Mar 2022Page 35 of 138 Agenda Item #3.B.14 Mar 2022Page 36 of 138 Agenda Item #3.D.14 Mar 2022Page 37 of 138 Agenda Item #3.D.14 Mar 2022Page 38 of 138 Agenda Item #3.D.14 Mar 2022Page 39 of 138 Page 40 of 138 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 .,Survey from southem EOP m 10 FT bcymud ggwuzhem R‘\V on Duuon 'and Rd FT cast of uI\crr cr0<.<1IIg nd at nonh edge of ‘"mgume\\'.1y Agenda Item #7.A.14 Mar 2022Page 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