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06-13-22 Final Agenda
City of Atlantic Beach Final Agenda Regular City Commission Meeting Monday, June 13, 2022 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 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 October 25, 2021. Regular City Commission - 25 Oct 2021 - DRAFT Minutes 5 - 27 2.COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT 3.CITY MANAGER REPORTS 3.A.Accept the 90-Day Calendar (June - Aug 2022) 90-Day Calendar (June - Aug 2022) 29 - 32 3.B.Paid Parking 18th and 19th Streets 4.REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5.UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6.CONSENT AGENDA None. 7.COMMITTEE REPORTS None. 8.ACTION ON RESOLUTIONS *8.A.RESOLUTION NO. 22-36 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2122-09: MILLING AND PAVING 2022; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND 33 - 44 Page 1 of 134 Regular City Commission - 13 Jun 2022 PROVIDING AN EFFECTIVE DATE. Resolution No. 22-36 8.B.RESOLUTION NO. 22-37 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2122-10: MULTI-YEAR CONTRACT FOR PALM TREE TRIMMING, SUBJECT TO THE PROVISIONS OF THIS RESOLUTION. Resolution No. 22-37 45 - 48 *8.C.RESOLUTION NO. 22-38 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2122-11: PARKING IMRPOVEMENTS AT DONNER PARK – CDBG 20-21; 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. 22-38 49 - 94 8.D.RESOLUTION NO. 22-39 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE QUOTE SUBMITTED BY GRUHN MAY, INC. FOR THE PINE STREET STORMWATER REMEDIATION PROJECT, UNDER BID 2021-04: MULTI-YEAR CONTRACT FOR UTILITY CONTRACTOR SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE ORDER IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE Resolution No. 22-39 95 - 100 8.E.RESOLUTION NO. 22-40 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2122-07: MULTI-YEAR CONTRACT FOR CALCIUM HYPOCHLORITE; 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. 22-40 101 - 103 8.F.RESOLUTION NO. 22-41 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2122-08: MULTI-YEAR CONTRACT FOR SULFUR DIOXIDE; 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. 22-41 105 - 108 9.ACTION ON ORDINANCES None. Page 2 of 134 Regular City Commission - 13 Jun 2022 10.MISCELLANEOUS BUSINESS *10.A.Revised Cultural Arts and Recreation Advisory Committee (CARAC) Grant Applications Revised CARAC Grant Applications 109 - 134 11.CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12.CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13.ADJOURNMENT This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office by 5:00 PM, the Thursday prior to the meeting. Page 3 of 134 Page 4 of 134 Regular City Commission October 25, 2021 MINUTES Regular City Commission Meeting Monday, October 25, 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) 1 APPROVAL OF MINUTES 1A.Approve minutes of the May 10, 2021 regular Commission meeting. 1B.Approve minutes of the May 24, 2021 regular Commission Meeting. Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. 2 COURTESY OF FLOOR TO VISITORS 2A.Beaches Kiwanis Check Presentation to the City of Atlantic Beach DCM Hogencamp spoke regarding a grant applied for by the Beaches Kiwanis Club for installing musical flowers at Jordan Park. DCM Hogencamp recognized representatives, Mary Ann Harper, Chuck Watson, Nita Buchanan, Max Robinson, Mike Harper, and Bob Burch, of the Kiwanis Club. Mary Ann Harper presented Mayor Glasser with a $10,000 check to the City of Atlantic Beach. 2B.Presentation of checks to BEAM, Neptune Beach Senior Activity Center, and Beaches Council on Aging (Mayor Glasser). Mayor Glasser presented checks to Lori Richards of BEAM, Leslie Lyne of Neptune Beach Senior Activity Center, and Vicki Wyckoff of Beaches Council on Aging (Dial- Page 1 of 23 Agenda Item #1.A. 13 Jun 2022 Page 5 of 134 Regular City Commission October 25, 2021 A-Ride) to help fund senior citizen programs. Mayor Glasser thanked the agencies for their partnerships and positive contributions to the seniors within the community and each representative expressed their gratitude. 2C.Officer Joiner - State Attorney’s Office Award for Outstanding Law Enforcement in category of Bravery in the Line of Duty Chief Gualillo explained the incident and presented the 4th Judicial State Attorney’s Office Award to Officer D.J. Joiner for Outstanding Law Enforcement for his bravery in responding to Officer Stafford, who was under attack. Officer Joyner was congratulated and thanked by many. MOTION: To move Public Comments before Item 2D. 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. 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. Isaac George spoke about creating a community garden for the City of Atlantic Beach. Steve Fouraker spoke about Autistic Night and the wonderful contribution it affords the City, and spoke in favor of the Environmental Stewardship Committee's recommendations. Jesse Dattilo spoke about the slow internet speed at the Baker Center and the need for additional volunteers. Mayor Glasser closed courtesy of the floor. 2D.Beaches Museum Associate Director, Brittany Cohill - Manhattan Beach exhibit Brittany Cohill thanked the Commission for hosting the historic Manhattan Beach exhibit and spoke about creating the exhibit and the wealth of information unraveled. 3 CITY MANAGER REPORTS Page 2 of 23 Agenda Item #1.A. 13 Jun 2022 Page 6 of 134 Regular City Commission October 25, 2021 3A.Accept the 90-Day Calendar CM Corbin informed, at the recommendation of Commissioner Kelly, major special events for the City would be added to the 90-day calendars in the future. There was CONSENSUS to accept the 90-Day Calendar. 3B.Mayport Mural Inventory Link CM Corbin presented the Mayport Mural Inventory as detailed in the link in the agenda packet and explained the history of the property and the benefits to the community. Mayor Glasser requested the Mayport Mural Inventory be added to the projects page on the City’s website. HR Director Cathy Varian reported on the Blue Collar Union's request for a five percent (5%) pay raise, rather than the three percent (3%) budgeted. HR Director Varian requested guidance from the Commission regarding an offer going forward. During discussion, the Commission expressed concern about the timing of budgetary changes and the need to establish a process with deadlines for future requests. There was consensus to offer a four percent (4%) increase, retroactively. HR Director Varian explained the option to add language to the union contract covering the process and deadlines. CM Corbin explained the pay increases would be added to the upcoming budget amendment for consideration. CM Corbin informed the Commission that the City would receive an additional $2 million of ARPA (American Rescue Plan Act) money from the City of Jacksonville. There was discussion on what the funds could be used for. CM Corbin reported on the recent Vision and Mission survey. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole thanked the Kiwanis Club and spoke highly about the current garbage company. Commissioner Norris requested that the Wi-Fi speed at Baker Center be looked into and fixed. She spoke about upcoming board appointments. CC Bartle confirmed that Board Member Review Committee appointments are scheduled for the next Commission meeting. Mayor Glasser reported on appointing Dr. John White to fill the seat on the Half-penny Oversight Committee with the Duval County Schools. She spoke about upcoming heritage tree designations at Dutton Island Preserve and the possibility of adding a bench at the base of the trees to dedicate to the five people responsible for acquiring the property. Mayor Glasser explained her plan to include five resolutions at the next meeting as part of a legislative packet. Page 3 of 23 Agenda Item #1.A. 13 Jun 2022 Page 7 of 134 Regular City Commission October 25, 2021 She thanked the staff for staying ahead of waste management issues. She reported the status of upgrades for the Baker Center and Lifeguard Station. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA 6A.Acknowledge receipt of the Monthly Financial Report for September 2021. 6B.Acknowledge receipt of the Building Department Activity Report FY2021 through Quarter 4. Mayor Glasser read the consent agenda. MOTION: Approve Consent Agenda Items 6A and 6B as written. 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. 7 COMMITTEE REPORTS 7A.Environmental Stewardship Committee (ESC) ESC Vice Chair Dan Giovannucci presented the PowerPoint included in the agenda packet as he explained ESC's recommendations. He answered questions about policing, reporting violations, and the possibility of mapping trees in order to monitor violations. Mayor Glasser spoke about the need to obtain a legal review of the recommendations including tax abatement and billing initiatives in order to guide decisions going forward. Mr. Giovannucci answered questions about committee members' involvement in the heritage tree program and communicating the program to citizens. Mayor Glasser requested a legal review of the recommendations. 8 ACTION ON RESOLUTIONS 8A.Resolution No. 21-56 Page 4 of 23 Agenda Item #1.A. 13 Jun 2022 Page 8 of 134 Regular City Commission October 25, 2021 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT WITH DONNA BARTLE AS CITY CLERK EFFECTIVE OCTOBER 1, 2021; AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE EMPLOYMENT AGREEMENT WITH DONNA BARTLE AS CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. Human Resources Director (HRC) Cathy Varian reported on the contract negotiations, changes, and proposed employee agreement as included in the agenda packet. She explained the conflict between the City Charter and the City Clerk's 2004 job description (which are attached hereto and made part of this Official Record as ATTACHMENT A) in regards to who the city clerk reports to. She reported on ways other cities are structured. Discussion ensued regarding the need for evaluation factors to match the employment agreement, reflecting supervisory responsibilities in the job description, adjusting the employment agreement to match the Charter and any Charter amendments, and attaching a position description that would be a living document. CA Durden noted she likes the idea of attaching a job description and allowing for future changes that the Commission may want to make by resolution. She reported the need for several edits and offered to work with Ms. Varian and Ms. Bartle to bring back an amended agreement, or go through each item tonight if the Commission wants to approve a contract tonight. Responding to Commissioner Norris, Ms. Durden confirmed that this is her first time offering feedback and she had not had a chance to review it very closely. There was discussion about providing feedback and having a revised contract come back to the Commission. Commissioner Bole requested having language about the City Clerk and City Manager working together. Discussion ensued about the charter officers being directly under the Commission and the challenges of Commissioners not being at city hall and having to discuss a charter officers' performance in the public. Mayor Glasser pointed out that the summary in the City Clerk's 2004 job description includes language that work is performed under the general supervision of the City Commission and City Manager and explained that she agrees with that. She reported being told that the City Clerk wanted to remove the part about reporting to the City Manager. She noted her opposition to the change and believed it to be a red flag. Commissioner Kelly suggested the language "in coordination with". Mayor Glasser questioned why the City Clerk requested it be removed. CC Bartle explained how and when she noticed the conflicting language in the 2004 job description. She explained that the City Clerk has never worked under the City Manager; she does Page 5 of 23 Agenda Item #1.A. 13 Jun 2022 Page 9 of 134 Regular City Commission October 25, 2021 not know who put the language in the job description; and that her request was to correct the job description, not make a change to how we have always operated. In response to Mayor Glasser's inquiry as to whether the City Clerk would be willing to work under the general supervision of the City Commission and City Manager, CC Bartle asked what that means and Mayor Glasser looked to staff for clarification. CA Durden explained how she and the City Manager work together. HRD Varian addressed Mayor Glasser's concerns, noting that she believes CC Bartle asked for the change in order to clarify language in the job description which is not very clear. If the Commission wants the day-to-day supervision, such as submitting leave slips to the city manager, we can make that more specific in here. Mayor Glasser spoke in favor of having the City Clerk submit her leave slips to the City Manager. CC Bartle reminded the Commission about the Charter spelling out who the City Clerk gets direction from. Mayor Glasser mentioned she will be making a recommendation to the Charter Review Committee about this issue. HRD Varian reminded the Commission about the handout of the Charter (Secs. 28-30). CA Durden referred to the Charter and confirmed that it is under the general direction of the City Commission, but believes it would be appropriate for the City Commission to say they want it to be under the general supervision of the City Manager. Mayor Glasser requested that the City Clerk's schedule and working from home be addressed under the City Manager's direction as well. Commissioner Kelly understood it to be a reaction to COVID. Mayor Glasser expressed her concern about a red flag of communication. HRD Varian indicated she could include that in the revised version. CC Bartle explained it is not changing anything that is already being done and she doesn't want to do anything without the Commission knowing about it. She indicated she has not been given any guidance on whether it is acceptable to work from home. She explained what prompted the proposed language, noting a personal leave scenario that she had asked HR about that the City has no policy for. She recognized the language could seem a little overreaching and suggested making change to that area. She also explained scenarios in adjusting schedules to offset late night meetings, which others are allowed to do. She reiterated her desire to clarify and was open to amending the language. Mayor Glasser explained Charter Officers have different expectations put on them in terms of getting the job done. She reiterated her concerns about a communication issue needing to be addressed; believes the City Clerk is a well-compensated employee; and expressed desire to help with a contract. Mayor Glasser explained HR Director Varian has done a far better job than they could have done to push the negotiation along. Mayor Glasser recognized it has gone on for too long and took responsibility for it; thanked HRD Varian for bringing back a contract that actually resolved a lot of the issues; believes there is tremendous progress; and reiterated the great job done on the 5% percent adjustment to offset the leave issue. Mayor Glasser also thanked CC Bartle for working with Ms. Varian on this. Page 6 of 23 Agenda Item #1.A. 13 Jun 2022 Page 10 of 134 Regular City Commission October 25, 2021 Mayor Glasser spoke in favor of having the Commission direct the City Manager to do general supervision in terms of scheduling and leave. CA Durden read language from the Charter and 2004 job description, noting it could be done. HR Director Varian clarified the changes. Mayor Glasser spoke about CC Bartle working a lot of hours. HRD Varian explained the automatic increase provision. Mayor Glasser asked HRD Varian to share the salary and employment history of the city clerks of the neighboring beach cities and HR Director Varian reported information from Neptune Beach and Jacksonville Beach. CA Durden spoke about bringing back a revised agreement. She explained the need to add language in the agreement that makes the $14,000 item subject to approval of a budget amendment. She indicated there are other changes that are not critical to discuss tonight unless the Commission wants to. Commission Norris inquired about the process going forward and suggested that CC Bartle meet with each commissioner separately in order to hear some of this out and to see what concessions or conditions she will need to make to the contract before bringing it back to a public arena. CC Bartle explained the problem it caused by not getting feedback ahead of time and not being able to contact Mayor Glasser after finding out earlier today at 4 p.m. that Mayor Glasser had concerns. Commissioner Norris spoke about the awkwardness; the fantastic job getting here; and the difficulty of being a Charter Officer and having to be your own best advocate. She advised CC Bartle that she should ask for what she wants and be prepared to concede. She highly recommended to CC Bartle that this go before the city attorney; when there are no issues there, meet with each Commissioner to gain their insight; and when you come back, ideally, there will be no issues or awkward conversations happening in public. HRD Varian recapped, explaining she will make some changes, get input from CA Durden, come to an agreement, the City Clerk will meet with each Commissioner for more input, and then come back. There was a brief discussion on bringing it back to the next meeting; however, it was noted that HRD Varian would not be available. CA Durden explained the effective date can be made as October 1, 2021 even with it being further delayed. Mayor Glasser advised that she thinks they are almost there; reported she had suggested that it be continued since she just learned about things today too; and a lot of work has been done and Ms. Bartle has made concessions on some things. HR Varian asked if the Commission was good with the overall big changes and they confirmed. Commissioner Kelly commented that some of the situations are particular to Ms. Bartle and her work ethic and if we had a different City Clerk, it might be a different Page 7 of 23 Agenda Item #1.A. 13 Jun 2022 Page 11 of 134 Regular City Commission October 25, 2021 negotiation. She added, for future Commissions and new City Clerk, there might be other work to be done because she believes not every Clerk is as dedicated as Ms. Bartle. There was consensus to bring the revisions back on November 22, 2022. ATTACHMENT A to 10-25-21 Minutes 8B.RESOLUTION NO. 21-65 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE FLEET VEHICLES DURING THE 2021-2022 FISCAL YEAR. Mayor Glasser read the resolution by title. CM Corbin explained this is part of the fleet rotation of police vehicles and the funds are in the budget. ACTION: To Approve Resolution No. 21-65. 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. 21-66 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH COMMITTING THE CITY TO ELIMINATING THE DISCHARGE OF TREATED EFFLUENT FROM THE WASTEWATER TREATMENT FACILITY TO THE ST. JOHNS RIVER BY JANUARY 1, 2023 2032 AS REQUIRED BY CHAPTER 2021-168, LAWS OF FLORIDA (SENATE BILL 64). Mayor Glasser read the resolution by title. CA Durden noted a correction to the date written in the resolution to January 1, 2032. City Engineer Steve Swann presented a PowerPoint (which is attached hereto and made part of this Official Record as ATTACHMENT B) as he explained Resolution No. 21- 66. Page 8 of 23 Agenda Item #1.A. 13 Jun 2022 Page 12 of 134 Regular City Commission October 25, 2021 A discussion ensued regarding options and the City’s proposed plan. ATTACHMENT B to 10-25-21 Minutes MOTION: Adopt Resolution No. 21-66. Motion: Brittany Norris Second: Michael Waters Michael Waters (Seconded By)For Brittany Norris (Moved By)For Ellen Glasser For Bruce Bole For Candace Kelly For Motion passed 5 to 0. 8D.Resolution No. 21-67 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AN AMENDED AND RESTATED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE LAW ENFORCEMENT MUTUAL AID AGREEMENT WITH THE SCHOOL BOARD OF DUVAL COUNTY FLORIDA AND DUVAL COUNTY PUBLIC SCHOOLS POLICE DEPARTMENT FOR UP TO A TWO YEAR PERIOD, AUTHORIZING ATLANTIC BEACH POLICE OFFICERS, AS INDEPENDENT CONTRACTORS, TO PROVIDE LAW ENFORCEMENT AND OPERATIONAL ASSISTANCE AT ATLANTIC BEACH ELEMENTARY SCHOOL. Mayor Glasser read the resolution by title. Chief Gualillo explained Resolution No. 21-67 as detailed in the agenda packet and answered questions. Mayor Glasser inquired whether we can require the use of an Atlantic Beach officer living next to the school. Chief Gualillo agreed to check on it. MOTION: Adopt Resolution No. 21-67. 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 Page 9 of 23 Agenda Item #1.A. 13 Jun 2022 Page 13 of 134 Regular City Commission October 25, 2021 Motion passed 5 to 0. 9 ACTION ON ORDINANCES None. 10 MISCELLANEOUS BUSINESS 10A.Commercially Rented Shared Motorized Scooters CM Corbin reported on the details included in the agenda packet and requested direction from the Commission. The Commission asked questions and discussed the options. Mayor Glasser requested a copy of City of Neptune Beach's ordinance. Each Commissioner spoke in favor of staff drafting an ordinance banning commercial leasing/renting of equipment in the city. CA Durden suggested also including language in the ordinance about e-bikes and other issues that Neptune Beach has tried to address. 10B.Deputy City Clerk Appointment CC Bartle gave a brief overview of the details in the agenda packet and answered questions from Mayor Glasser regarding the process. CC Bartle reported this being the first time an appointment of the deputy city clerk has gone through this process since it was overlooked when the previous deputy city clerk's job title was changed to deputy city clerk. She confirmed the requirement in the City Charter and expressed the need to clarify whether the staff in her office works for her or the city manager, which became confusing after hearing comments made earlier tonight about her contract. Mayor Glasser requested that CC Bartle make a list of the issues to be cleared up during the Charter review. MOTION: Approve the hiring of Maria Monina Ward as the Deputy City Clerk for the City of Atlantic Beach, in accordance with the terms and conditions outlined in the attached personnel action form. Motion: Brittany Norris Second: Bruce Bole Ellen Glasser For Bruce Bole (Seconded By)For Michael Waters For Candace Kelly For Page 10 of 23 Agenda Item #1.A. 13 Jun 2022 Page 14 of 134 Regular City Commission October 25, 2021 Brittany Norris (Moved By)For Motion passed 5 to 0. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CC Bartle made additional comments about the contract discussion and requested that Commissioners speak to her if there are issues relating to her. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER, Commissioner Kelly expressed her support for continuing to move forward with certifications of COAB child care centers. CM Corbin explained he currently meets with the Recreation Department on a bi-weekly basis and is working on getting certifications of all child care facilities in Atlantic Beach and will provide periodic updates. Mayor Glasser explained an ordinance to ban polystyrene would be coming up soon. mentioned the City is getting an award from Jacksonville Environment Protection Board for its excellent work protecting the environment. expressed her opinion that the City is ahead of the curve with applying for and receiving grants and being transparent and accountable with the grant money usage. spoke about CC Bartle being an exceptional employee, the importance of working as a team, and discussing her contract. expressed her support for the Mural Project and public art within the community and asked that citizens contact the city manager or the Commission with questions. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:34 p.m. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor Date Approved: _____________________ Page 11 of 23 Agenda Item #1.A. 13 Jun 2022 Page 15 of 134 Page 12 of 23 Agenda Item #1.A. 13 Jun 2022 Page 16 of 134 ARTICLE IV. -THE CITY CLERK Sec. 28. -Appointment; duties. The city commission shall appoint an executive officer to serve the city commission and to assure that all its enactments are effectively carried out.The title of the executive officer shall be "city clerk" and as such, shall be under the direction of and compensated at a rate set by the city commission. The duties of the city clerk shall be to: 1) Establish and maintain a line of communication with the city manager; and 2) Prepare an agenda for every commission meeting and a permanent record of each such meeting; and 3) Disseminate information as necessary about activities, findings, or decisions of the city commission; and 4) Provide the city commission with information as requested about programs of the city government; and 5) Serve as supervisor of election for city elections; and 6) Serve as custodian of all city records and the seal of the city; and 7) Administer oaths; and 8) Conduct such other activities as may be specified by this Charter, the city code or the city commission. Ord. No. 33-15- 19, § 1(Exh. A), 5-11-15) Sec. 29. - Qualifications. The city clerk shall be chosen by the city commission solely on the basis of education and experience necessary to carry out the responsibilities of executive officer to the city commission. Applicants for the position of city clerk shall meet the following educational and experience requirements: 1) At least a baccalaureate preferably in Business Administration or a related field acceptable to the city commission from a college or university accredited by a recognized accreditation agency in the United States or from a recognized college or university outside of the United States which is acceptable to the city commission; and 2) Two years of experience in public administration satisfactory to the city commission. 3) In lieu of the required baccalaureate degree, the city commission may in its discretion, accept four additional years of acceptable experience in public administration or a related field of ATTACHMENT A 10-25-21 Page 13 of 23 Agenda Item #1.A. 13 Jun 2022 Page 17 of 134 public or private service. Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) Sec. 30. - Removal of the city clerk. The city clerk shall serve at the pleasure of the city commission.The city commission may remove the city clerk by the affirmative vote of not less than three (3) of its members. Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) ATTACHMENT A 10-25-21 Page 14 of 23 Agenda Item #1.A. 13 Jun 2022 Page 18 of 134 City of Atlantic Beach Job Description Completed by HR) Job Title: City Clerk New: X Recl: Reports to (Title): City Commission Job Code: 32700 Department/Division: City Commission Grade: N/A Appointed Position FLSA: Exempt GENERAL SUMMARY: Performs complex skilled clerical, professional and intermediate administrative work as City Clerk; does related work as required. Work is performed under the general supervision of the City Commission and City Manager. Establishes and implement goals, objectives, and priorities for the City Clerk's Office; performs other complex administrative and clerical work of a diverse nature that may require in-depth knowledge of the organization, programs, policies and procedures of the assigned area and a general knowledge of other City programs. Work involves decision-making ability, tact, composure, flexibility, communication skills, and management and supervisory ability. Supervises two administrative employees. DUTIES AND RESPONSIBILITIES: Serves as Clerk to City Commission; Prepares and maintains official City records and files; Maintains and updates the City Code; Conducts municipal elections; Oversees preparation of an agenda with supporting documents for meetings of the City Commission Attends all regular and special meetings of City Commission, takes notes and records official actions; Prepares detailed minutes of meetings; Disseminates information as necessary about activities, findings, or decisions of the City Commission; Oversees preparation of an agenda with supporting documents for meetings of the Code Fnfor ment Board; Prepares detailed minutes of Code Enforcement Board meetings and follows up as necessary wi correspondence and findings of fact; Attests official contracts and documents; Prepares certifications and extracts from minutes; Prepares legal advertising and official notification of City Commission meetings/public hearings; Prepares and updates ordinances and resolutions; Oversees records management, retention and destruction in accordance with state regulations; Oversees document imaging program and maintains records index system; Participates in and supervises the issuance of occupational licenses and lien certificates; Coordinates voter registration activities with county election officials; Performs clerical and office duties; operates standard office equipment including personal computer; Handles all types of inquiries, questions, and requests for public records from other agencies and the general public including such from hostile and/or irate individuals; follows up as necessary; Composes and types correspondence, uses PC-based word processing software to process letters, forms, reports, schedules, manuals, booklets, requisitions, and related paperwork; types information or enters data into computer; Performs research; retrieves records and data for reports; assists in the preparation and maintenance of records; Prepares City Tideviews newsletter; Performs related duties as assigned. 1 O:\JOB DESCRIPTIONS-CURRENT\City Clerk.doc ATTACHMENT A 10-25-21 Page 15 of 23 Agenda Item #1.A. 13 Jun 2022 Page 19 of 134 City of Atlantic Beach Job Description Education and Experience: Baccalaureate in Business Administration or a related field acceptable to the City Commission; Two years of experience in public administration satisfactory to the City Commission; In lieu of the required baccalaureate degree, the City Commission may, in its discretion, accept four additional years of acceptable experience in public administration or a related field of public or private service. Licenses and/or Certificates: None required. Knowledge, Skills, and Abilities: Thorough knowledge of the functions and organization of the City government; thorough knowledge of the rules of order related to public hearings; thorough knowledge of the City's Charter and City Code; general knowledge of voter registration laws and procedures; thorough knowledge of elections processes, procedures, laws, rules and regulations; thorough knowledge of standard office management practices, procedures, filing systems, equipment, and office assistance techniques. Knowledge of business English, spelling, grammar, composition, and arithmetic. Skill in the use of a personal computer. Ability to research and prepare correspondence including letters, memorandums, reports, and resolutions. Ability to maintain confidential information and materials. Ability to operate various office equipment such as typewriter, PC, copier, etc. Ability to take and transcribe dictation using recording and transcribing equipment. Ability to work independently, with little or no supervision, and under pressure with short deadlines. Ability to supervise a clerical staff. Ability to deal tactfully and courteously with other agencies, the public, and employees. Ability to handle all types of inquiries, questions, and complaints from other agencies and the general pubic to include such from hostile and/or irate individuals. Ability to follow-up as necessary. WORKING CONDITIONS: The physical conditions that apply to the Worker in this job are described as follows: X None: The worker is not substantially exposed to adverse environment conditions: job likely consists of typical office work or administrative work. The worker is subject to inside environmental conditions: protection from weather conditions but not necessarily from temperamental changes (i.e. warehouses, covered loading docks, garages, etc). The worker is subject to outside environmental conditions: no effective protection from the weather. The worker is subject to extreme cold: temperatures below 32 degrees for periods of more than one hour. The worker is subject to extreme heat: temperatures above 100 degrees for periods of more than one hour. The worker is subject to noise: there is sufficient noise to cause the workers to shout in order to be heard above the surrounding noise level. The worker is subject to vibration: exposure to oscillating movements of the extremities or whole body. The worker is subject to hazards: includes a variety of physical conditions, such as proximity to moving mechanical parts, electrical current, working on scaffolding and high places or exposure to chemicals. The worker is subject to atmospheric conditions: one or more of the following conditions that affect the respiratory system or the skin: fumes, odors, dust, mists, gases or poor ventilation. The worker is subject to oils: there is air and/or skin exposure to oils and other cutting fluids. The worker is required to wear a respirator. 2 O:UOB DESCRIPTIONS-CURRENT\City Clerk.doc ATTACHMENT A 10-25-21 Page 16 of 23 Agenda Item #1.A. 13 Jun 2022 Page 20 of 134 City of Atlantic Beach Job Description PHYSICAL ACTIVIITES: Essential physical activities: Climbing Balancing Stooping Kneeling Crouching Crawling X Reaching X Standing X Walking Pushing Pulling Lifting X Fingering Grasping Feeling X Talking X Hearing X Driving X Repetitive Motion Other (list): MATERIALS AND EQUIPMENT: Machines, tools, equipment, electronic devices, software, etc. used by position: Camera/photographic equipment Cleaning supplies Commercial vehicle X Data processing equipment Handcart Hand tools X Headset X Office equipment (desk, chair, phone, etc.) X Office machines (copier, facsimile, calculator, cash register, etc.) X Office supplies (pens, staplers, pencils, etc.) Packaging materials (boxes, shrink wrap, etc.) X PC equipment (monitor, keyboard, printer, etc.) X PC software Public safety equipment (firearms, radar, radio, mobile video systems, etc.) Other (list): Dictaphone, scanner DISCLAIMER: The above information on this description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties and qualifications required of employees assigned to this job. For Office Use Only Initial Date: July 2004 Revision Date: n/ a Previous Revision Date: n/ a Previous Title: n/ a 3 O:UOB DESCRIPTIONS-CURRENT\City Clerk.doc ATTACHMENT A 10-25-21 Page 17 of 23 Agenda Item #1.A. 13 Jun 2022 Page 21 of 134 Page 18 of 23 Agenda Item #1.A. 13 Jun 2022 Page 22 of 134 Overview of SB 64 Requirements Public Utilities Department October 25, 2021 ATTACHMENT B 10-25-21 Minutes Page 19 of 23Agenda Item #1.A.13 Jun 2022Page 23 of 134 Senate Bill 64 Summary •Law enacted in recognition of potential shortages of potable water in Florida in the future •Intent is to push communities to reuse treated effluent as potable water •Requires that disposal of treated Effluent to the St. Johns River be terminated by Jan 2032 •Wet weather discharges will still be allowed •Nov 1st –Submit report to FDEP indicating plan to comply ATTACHMENT B 10-25-21 Minutes Page 20 of 23Agenda Item #1.A.13 Jun 2022Page 24 of 134 Current Practice for Effluent Disposal ATTACHMENT B 10-25-21 MinutesPage 21 of 23Agenda Item #1.A.13 Jun 2022Page 25 of 134 Compliance Options •Beaches area is built-out, effluent disposal options are limited: o Expand Reclaimed Water System o Potable Water Conservation o Sewer System Rehabilitation o Deep Well Injection for Aquifer Recharge o Potable Water Reuse ATTACHMENT B 10-25-21 Minutes Page 22 of 23Agenda Item #1.A.13 Jun 2022Page 26 of 134 Approach to SB 64 Compliance •Submit Report to FDEP by Nov 1st acknowledging intent to comply with SB 64 and remove effluent from the St. Johns River by Jan 2032 •Coordinate with Jacksonville Beach & Neptune Beach •Develop Scope of Work for Study of Alternatives for all three Beaches Communities •Develop Implementation Schedule to meet Jan 2032 Deadline ATTACHMENT B 10-25-21 Minutes Page 23 of 23Agenda Item #1.A.13 Jun 2022Page 27 of 134 Page 28 of 134 CITY OF ATLANTIC BEACH CITY COIVIIVIISSICJN MEETING STAFF REPORT AGENDA ITENI:90-Day Calendar for the Mayor and Comnmission SUBIVIITTED BY:Yvonne Calverley,Executive Assistant to the City l\/ lana ger %C/ TODAY‘S DATE:May 20,2022 ‘I’ l\/IEETIl‘IC§DATE:June 13,2022 BACKGROUND:The 90-day calendar is included on the agenda for the pur pos e ofsetting meeting dates and deterrnining the location,time and whe ther to videotape special rneetings and workshops. The rolling 90-day calendar will be revised after receiving inp ut from City staff and the Commission,and will be included in ea c h agend a for consideration. N: -A Town Hall l\/Ieeting is scheduled for Saturday,July 1 6 fro rn 10am to Noon at the Adele Grage Center. BUDGET:None RECO1\/ll\/IENDATION:Approve the 90-Day Calendar for June through August ATTACHNI NT:1)Ivlayor and Commission 90-Day Calendar (June through Augtl st 2022) REVIEWED BY crry NIANAGER:‘‘Agenda Item #3.A.13 Jun 2022Page 29 of 134 MAYOR AND COMMISSION June 2022 si \1n\:‘'1!|~D\x \\J,1\\\>l)\."; Due Date for 6/13 Agenda 5 6 7 8 Mayor‘:Advisory 9 10 11 Council Noon Songwmers ESC Tree Subcom C3-“me Cami“-I3 Concert 6pm 5:15pm 10am-1pm ESC Mg 6 pm Veterans Park 12 13 14 15 ESC Outreach to 1"18 Commission Mtg Subcommittee 6:30 pm CARAC Mtg 6:30 pm (Invoc —Kelly)5 1"“Due Date for 6/27 Agenda 19 20 21 22 23 24 25 City Offices Community ESC LEED Closed Development Subcommittee (J uneteenthDay)Board Mtg Noon 6 pm 26 27 28 29 30 __Commission Mtg Acoustic Night 530 pm 5 Pm (Invoc —Norris)Agenda Item #3.A.13 Jun 2022Page 30 of 134 MAYOR AND COMMISSION ‘»I11\1)\\V July 2022 \\|l>’\l*\1)'\‘n HH1)s‘; -1 5 6 7 8 9 4"‘of July Special Magistrate City Offices Hearing 2 pm Closed 10 1'1 12 13 Mayor’s Advisory 14 15 16 Council Noon Songwriters ComnoissionMtgCARAC Mtg ESC Tree Subcom M;‘t’i"I‘:": Concert 6 pm 6.30 pm 6 pm 5.15 gm D (Invoc-Glasser) ‘(Adele Grage) ESC Mtg 6 gm 17 18 19 Comlnunjty 20 21 22 23 Development ESC Outroach Board Meeting Subcommmee 5 pm 6:30 pm 24 25 26 27 28 29 30 __Commission Mtg ESC LEED Acousnc Nlght 6:30 pm Subcommittee 5 Pm (Invoc-Bole)Noon Agenda Item #3.A.13 Jun 2022Page 31 of 134 MAYOR AND COMMISSION August 2022 SUN um’MON DAY WEDN YHURSDM’SATURDAY 1 2 3 4 5 6 7 8 9 10 Ma_yor’s 11 12 13 AdV§5°fY Pension Songwriters Commission Mtg CAR-ACMig (3"—““°”—N‘“’—“Board Meetings 630 6 pm ESC Tree Subeoin 660Concert6pm.pm 5:15 m .pm (Invoe—Waters)ESC MW 6 m 14 15 16 17 18 19 20 Community Development ESC Outreach Board Meeting Subcommittee 6 pm 6:30 pm 21 22 23 24 25 26 27 ESC LEED AcousticNight Commission Mtg Subcommittee 6 pm 6:30 pm Noon (lnvoc-Kelly) Z8 29 30 31 Agenda Item #3.A.13 Jun 2022Page 32 of 134 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.22-36 to award Bid 2122-09:Milling and Paving 2022 SUBMITTED BY:Scott Williams,Public Works Director gar TODAY’S DATE:May 23,2022 MEETING DATE:June 13,2022 BACKGROUND:On May 18,2022 two bids were received and opened for Bid 2122-09:Milling and Paving 2022 --Hubbard Construction Co.at $335,278.79 and Jax Utilities Management,Inc.at $337,508.74.(Duval Asphalt and Preferred Materials submitted No-Bid Forms for this project.) The project scope of work is to Mill 1.5”of Asphalt and Apply 1.5”of Type S-3 Asphalt at the following locations: 1.Seminole Road (from south edge of5-way intersection to Atlantic Blvd.) 11”‘Street 0’romSeminole Rd.to East Coast Dr.) 3”Street (from East Coast Dr.to Ocean Blvd.) Park Terrace West MomSeminole Rd.to Country Club Ln.) Robert Street (from Mayport Rd.to George St.) Edgar Street ?omMayport Rd.to Park St.) Sylvan Drive 0’romSturdivant Ave.to Atlantic Blvd.) .\‘.°‘S":"."*‘!" Double yellow striping,white edge lines,stop bars,crosswalks and school message signage are included in the base bid total at specific locations where they currently exist.Valve box and/or manhole cover adjustments are included in the bid price.The Contractor will be given 60 calendar days to complete the project after receipt of written Notice to Proceed. BUDGET:The base bid price for the project,$304,798.90,will be fully funded from the $325,000.00 currently budgeted in the Capital Projects Fund Account 300-5002-541-63.00,under project number PW2204 “2202 Milling &Paving.”The 10%contingency amount of $30,479.89 will be funded by the balance in project number PW2204 ($20,201.10)with the additional contingency amount ($10,278.79)to be encumbered from the Streets Account 001-5002-541-3400.Note that the full 10% contingency amount on the project is not expected to be used. RECOMMENDATION:Award Bid 2122-09 to Hubbard Construction Co.in the amount of $355,278.79,and authorize the City Manager to execute the contract. 2)Bid 2122-09 Bid Analysis3)Bid 2122-09 Bid Tabulation4)COAB Street Map5)Complete Streets Recommendations6)Milling and Paving Guid linesREVIEWEDBYCITYMANAGER:‘f Agenda Item #8.A.13 Jun 2022Page 33 of 134 RESOLUTION NO.22-36 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AWARDING BID NO.2122-09:MILLING AND PAVING 2022;AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,on May 18,2022,two bids were received and opened for Bid 2122-09:Milling and Paving 2022;and WHEREAS,the total bid prices (including 10%contingency)received ranged from $335,278.79 to $337,508.74;and WHEREAS,Hubbard Construction Co.is the low bidder,and submitted all required documents;and WHEREAS,the project consists offurnishing all labor,equipmentand materials requiredto mill existing pavement and provide new paving on the street segments described in the bid specifications on the staff report;to include striping and signage where they currently exist;and WHEREAS,the project was reviewed using the City of Atlantic Beach Complete Streets process and those recommendations will be incorporatedinto the ?nished product;and WHEREAS,the Contractor will be given 60 calendar days to complete the project after receipt of written Notice to Proceed;and WHEREAS,the base bid price for the project,$304,798.90,will be fully funded from the $325,000.00 budgeted in the Capital Projects Fund Account 300~5002-541-63.00,under project number PW2204 “2202 Milling &Paving.”The 10%contingency amount of $30,479.89 will be funded by the balance in project number PW2204 ($20,201.10)with the additional contingency amount ($10,278.79)to be encumbered from the Streets Account 001-5002-541—3400.Note that the full 10%contingency amount on the project is not expectedto be used. 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 2122-09 to Hubbard Construction Co.in the amount of $335,278.79 to perform the work for said bid in accordance with the bid speci?cations; SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract with I-IubbardConstruction Co.and approve a Purchase Order to said vendor in the amount of $33 5,278.79; SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13"‘day of June,2022. Ellen Glasser,MayorAttest:Donna L.Battle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.A.13 Jun 2022Page 34 of 134 MILLINGAND PAVING 1021 FOR PUBUC WORKS DEPARTMENT Bid 1122-D9 Mlll 1.5"ASPHALT AND APPLV1.5“OF TYPE5-:ASPHALT ATTHE FOLLOWING LOCATIONS: Bid Item Desuiption Duval Anhalt Hubbard cnnst.lax Utilities Management Kudzue 3 Trucking Seminole Rd.[lmm saulh edge nf5—wavintevsectiun to Atlannc mud..Lengm :3100LF/Widlh=14 LF 1 "Enter maprice canDouble Yellow Centerlme.wnneEdge lines &1 SW}:Ear bdnw,DI)nolmdude Mm bld wine[or Mnllmg3.ram;(Bid Item 1)" nm 5:[from Seminole Rd.to East Coast mm length =1270 LF/Width=7.0 LF “EVIIEVhrd pvlce lo:Z Smu Bars new Do naI Include wm.hm prize my Milhng7. Pawn BudItem 1 -- sI31,4an.ou $135,773.27 $42,270.00 $46,236.22 --I An Ir]Imam =20 LF "Enter mapnze rm1 sxdnLenglh 3 Bars belnw Do nnt mama.wIlh bid pvize for MillingE $25,530.00 $8706.07 P271/IrIg[EId|K:m3)". ar erraae .mm ENHIIO 9..ta ounlry lull Ln.) Length =:94 LF/Wvdm=22 LF "Enter umante In!2 Slap “aars and 1 Crosswalk below.Do In)!Include wim hm prlte 532-74030 535,803.13 Mr MIIIIII52.Paving (End men.4") Rabertst [from Meypm rm.(:1 Genrge sq Length :741 LFI Width =18 LF “Enlu bid DVIKEfar 1 Stan5Barsnemw.Du nut rndude wm.but most:emMilhlg 3.5z5'7"°‘°°“"305-55 Paving (Bid item 5") Edgar sn (Irom Maypcrt Rd.m Park sn) Length =343 LF/widm =18 LF 'Enter bud price luv 2 Stan5Earsbelow.Do not Indu?:wnnumprune Idr Mmngx.5‘9‘29°‘“°$"'5‘3'“ Pzvmk (Bid Item 5") sywenDr.«mm Slurdivanr Ave.to Atlanlic EM1.) Length =215 |f /Width 12 LF "Enter hid DVIC!luv 2 Sum7Barsheluw.Du not melude wuh bid make [or M?ingl.59-10030 $3.61.’-.oa Paving |aid Item 7") mended Price unn Price Extended Price Extended wide 3 Dnuble veunwcemernnz(vaunted)53_5m_M 55,431,,“ 9 white Edge ?nes (Pamted)$3,520.90 5.;,.e54_dn 10 Stop Bavs(Famed)$712.39 $1,534.09 11 Cmsswalk (Famed)55315.,535“, 12 a‘szhoul Message w/While 14"Bars seam;59443., Base Hid (Total Items 1-12)$300,793.90 $3na,s25.13 no aid 10%Cnntinsencvnf Ease Bid $20,479.39 $30,581.61 Total (Base Bid 4 10%Contineencv)Mo Bid $335,275.79 $337,503.74 No Bid Agenda Item #8.A.13 Jun 2022Page 35 of 134 BID #2122-09 Required Documents Submission in Triplicate Document Requirements Checklist City of Atlantic Beach Milling and Paving 2022 Wednesday,May 18,2022 3:00 PM Duval Asphalt Hubbard Construction Co.Kudzue 3 Trucking,Inc.Jax Utilities Management W-9 Fonn Bid Fonn Bid Bond -5%of Bid Drug Free Workplace Public Entity Crimes Statement Public Records Provision Fonn E-Verify Fonn New Vendor lnfonnation Proof of Experience -5 years Proof of Quali?cation -licenses if required Financials -past 2 years X Upon Request Insurance References -3 X X Continuation of Addenda -No.1 (Q&A wlRevised Bid Form) Total -Base Bid Plus Contingency $335,278.79 $337,508.74 Award of Bid based on Department Analysis and City Manager andlor Commission Approval Agenda Item #8.A.13 Jun 2022Page 36 of 134 COAB Street Map ,\,_:1 r 77 1;E1 ,,,,Agenda Item #8.A.13 Jun 2022Page 37 of 134 2022 Street I\/lilling and Paving General Complete Streets (CS)recommendations: -Painting and/or repainting stop bars to min.width -Repainting of any existing sidewalks 1.Seminole Rd from Five Ways to Atlantic Blvd —3200 LF x 24ft =8533.33 SY a.Double Yellow,White Edge Lines,One stop bar b.3 valves +2 manholes Plng Dept tripe sidewalk alo ng eastsideof Seminole in front of the commer cial shopping center (705 Atlantic)to Atlantic Bl vd. 2.11"‘St from Seminole Rd to East Coast- 127O LF X 20ft =2822.22 SY a.2 stop bars lo.5 manholes +2 inlets +1 water valve andPlept.-Add painted cros swal ka 1 East Coast (think you already astopbar) _ 7 «A’ 4 Agenda Item #8.A.13 Jun 2022Page 38 of 134 3.3"’St from East Coast to Ocean Blvd ——240 Add pair-ted crosswalk at 3rd Ocean LF x 20ft =533.33 SY ''‘ a.2 stop bars 4.Park Terrace W.from Seminole Rd to N0 ’e<?°mme“da“°"S at this ti m eCountryClubLn— 894 LF X 22ft =2185.33 SV a.2 stop bars +1 Crosswalk 5.Robert St.from lvlayporl:Rd to George St —N0 |’e¢°mme"dali°"1S at this ti m e742LFx18ft=1484.00 SY a.2 stop bars b.3 manholes 6.Edgar St from Ivlayport Rd to Park St —843 N0 ''°C°'“'’“e'’'°'3”°"5 3‘this ti m eLFX18ft=1686.00 SY a.One stop bar b.3 manholes 7.Sylvan Dr from Stu rdiva nt Ave to Atlantic N0 "eC°|'T""e"dati°"'5 at thls li m eBlvd—215 LF x 22 ft =525.55 SY a.One stop bar b.One SEVVGI”cleanout TOTAL SQUARE YARDS =17,769.76 @ $15.00/SY =$284,316.16 Agenda Item #8.A.13 Jun 2022Page 39 of 134 DISTRESSES,1 TO 9 1 2 Bleeding 3 Block Cracking 4 Bumps &Sags 5 Corrugation 6 Depression 7 Edge Cracking 8 Joint Reflection Agenda Item #8.A.13 Jun 2022Page 40 of 134 ‘DISTRESSES,10 TO 20 10 Long &Transv Cracking 11 Patching 12 Polished Aggregate 13 Potholes 14 Railroad 15 Rutting 16 Shoving V 17 Slippage 18 Swell 19 Raveling 20 Weathering BORSTAD CONSULTING Agenda Item #8.A.13 Jun 2022Page 41 of 134 80%-20%FUNDING '80%OF THE BUDGETIS SPENT ON PAVEMENTSIN T RELATIVELYGOOD "* CONDITIONVERY GOOD GOOD FNR -20%OF THE BUDGETIS O SPENT ON PAVEMENTSIN E ' POOR CONDITIONPOOR 04/19/12 Agenda Item #8.A.13 Jun 2022Page 42 of 134 BE COST EFFECTIVE EXCELLENT VERYGOOD GOOD FAIR POOR FAILED TIME 40%Drop in Quality Agenda Item #8.A.13 Jun 2022Page 43 of 134 BE COST EFFECTIVE EXCELLENT VERYGOOD GOOD ENR POOR FAILED TIME Agenda Item #8.A.13 Jun 2022Page 44 of 134 CITY OF ATLANTIC BEACH CITY CONIR/IISSION NIEETING STAFF REPORT AGENDA ITE1\/I:Resolution No.22-37 Awarding Bid 2122-I0:lV|LlIti-Veal‘Contract for Palm Tree Trimming SUBIVIITTED BY:Scott Williams,Public VVorkS Director TODAY’S DATE:May 20,2022 IVIEETING DATE:June 13,2022 BACKGROUND:on May ls,2022,Four bids were received and opened For Bid 2l22— lD: lvlulti. vear contract for Palm Tree Trimlning.The areas included in the speci?cations are the AtlanticBlvd. Medians,Town center and Maypoit Road Flyover areas,various parks and city common area s. wate rPlan!#I and the wastewater Plant. Rerer to the Bid Analysis fur the vendors and prices submitted.The low bidder.Treeco (cut orst . Aug ustin e) submitted a price of$33.00 each for the 93 lVIedjoo|Palms included in the bid,for a total or $3,534. oo, anda price or$4o.o0 each for the l.334 sabal and wasliingtouia Palms,For a total of$s3.36o.oo,for g ra n d totalor $56,894.00.(The previous multi.year contract prices were $50.00 per Nledjool and $25.00 sabaland washingtonia palms).In addition,the contractor agrees to charge the submitted bid price For additi onalpalmtreetrimmingoutsidethescopeortheworkforthiscontract. The bid speci?cations state that all palms (Medjool,sabal and washingtcnia)will be trimmed an nu all y, during the rnonth(s)orluly and/or August and require trimming palm n-onds up to the 9:00 o’cIock 3: 00 C?clock positions,removing all berry stalks and rotten boots. The period ofthe contract shall commence on July |,2022,and shall terlninale ?ve (5)years a? er thedateof commencement.The Contractor may cancel the contract at the end ofthe 3"‘or 4-"year,without cau se, upon six (6)months prior written notice to the City. RECOMMENDATION:Award Bid 2122-10:lVlu[li»Year Contract for Palm Tree Trilnming toTreec o. ATTACHMENTS:1)Resolution No.22-37 2)Bid 2122-I 0 Bid Analysis 3)Bid 2122-I0 Bid TablIIaCiol1 BUDGET:Although there has been a price increase with this new contract,the FY2 I »22 b u d g et has adequate funding in total to cover the new contract rates.Total budgeted amou nt tobe requested in FY22—23 is $56.894.DO and will be broken down as rollows: O0l—5002—54l»340D $3,320.00 (Atlantic st Maypoit) OOl—5OD2-54]-3402 $23,022.00 (Town Center) OOI-5002eS4l—3403 :5 4,254.00 (Flyover Area) 00l»6020-572-3400 $1 6,1 I 8.00 (Parks) 4l0—S508-535-3400 5 4,680.00 (w/ww Plants) TOTAL $56,394.00 V . REVIEWED BY CITY MANAGER: _g Cgyé Agenda Item #8.B.13 Jun 2022Page 45 of 134 RESOLUTION NO.22-37 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AWARDING BID NO.2122-10: MULTI-YEAR CONTRACT FOR PALM TREE TRIMMING,SUBJECT TO THE PROVISIONS OF THIS RESOLUTION. WHEREAS,on May 18,2022,four bids were received and opened for City Bid No. 2122-10:Multi-Year Contract for Palm Tree Trimming;and WHEREAS,the low bidder,Treeco (out of St.Augustine)submitted a price of $38.00 each for the 93 Medjool Palms included in the bid,for a total of $3,534.00,and a price of $40.00 each for the 1,334 Sabal and Washingtonia Palms,for a total of $53,360.00,for a grand total of $56,894.00;and WHEREAS,the areas included in the contract are the Atlantic Blvd.Medians,Town Center and Mayport Road Flyover areas,various parks and City common areas,Water Plant #1 and the Wastewater Plant;and WHEREAS,the bid specifications state that all palms (Medjool,Sabal and Washingtonia)will be trimmed annually,during the month(s)of July and/or August,and require trimming palm fronds up to the 9:00 o’clock &3 :00 o’clock positions,removing all berry stalks and rotten boots;and WHEREAS,the period of the contract shall commence July 1,2022 and shall terminate five (5)years after the date of commencement,subject to annual appropriations as may be approved for this purpose.The Contractor may cancel the contract at the end of the 3"‘or 4"‘anniversary year,without cause,upon six (6)months written noti?cation to the City;and WHEREAS,although there has been a price increase with this new contract,the FY21-22 budget has adequate funding in total to cover the new contract rates.The total amount of $56,894 will be requested in FY22- 23 budget and broken down into various accounts appropriately. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes awarding Bid No.2122-10:Multi-Year Contract for Palm Tree Trimming to Treeco. SECTION 2.The term of the contract shall be in effect for a period of (5)calendar years. SECTION 3.Notwithstanding the approval granted and other provisions contained herein,the City’s obligation under the Multi-Year Contract approved herein is subject to annual appropriationsfor this purpose as may be adopted and included in the City’s annual budgets for Fiscal Years 2023,2024,2025,2026 and 2027. SECTION 4.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13"‘day of June,2022. Attest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.B.13 Jun 2022Page 46 of 134 CITY OF ATLANTIC BEACH B1D2122-10 MULT1-YEAR CONTRACT:PALM TREE TRIMMING 18-May-22 BID 2122-10 3:00 PM Braddock Tree Care Salgado Tree Trimming T&M Lawn &Fence Service Treeco Rgquired Documents Submission in Triplicate X X X X Document Requirements Checklist X X X X Bid Form X X X X w_9 x x x X Drug Free Workplace X X X X Public Entity Crimes Statement X X X X Public Records Provisions Form X X X X E~Verify Form X X X X New Vendor Information Form X X X X Business Tax Receipt X N0 X X Insurance X X X X References -3 X X X X Proof of Beingin Business Five (5)Years X X X X Proof of Experience (include projects and dates)Five (5) Years X X X X 'n f —N .01 ,.2§Dt:(e:u$::JrS1tI:;ti1[cl>T;>b)anyAddenda 0 (Q&A)No NO NO X X GRAND TOTAL FOR ALL TREES Total Cost for Medjool Palms $10,230.00 $11,625.00 $5,580.00 $3,534.00 Tm‘C°“f°'0"”P“‘l:';‘l:n(SS)”b”landW"5hi“g‘°“i”$146,740.00 $46,690.00 $60,030.00 $53,360.00 Total Cost for All Trees $156,970.00 $58,315.00 $65,610.00 $56,894.00 Award of Bid based on Department Analysis and Approval (mm City Manager or City Commission Agenda Item #8.B.13 Jun 2022Page 47 of 134 Bid 2122-nu Muln ear Contract for Palm nee Trimming May 1:,2022 Braddock Tree Care Salgado Tree Trimming T&M Lnwn &Fence service Pzlm Ylees um Palm hen mam!(Saba!:. washinnnnial Valm?eu Medina!Madjonl Toulcusl umxcaa rmlcon Medbnol Medfncl unm:-as man Ens: Palm rms ans:am rr:Ms av Locmon “mum $110.00 $29,370.01:snzsno$7,375,110 $110.00 $44,220.00 $125.00 $115.00 $110.00 $sn,zaa.ua $13.00 $3,525.00 $110.00 $12,370.00 5115.130 $0.09 $35.00 Su.szs.nu $46,590.00 $9,345.00 $14,070.00 $50.00 $19,130.00 $50.00 S3,7so.on $4s.aa $12,915.00 $50.00 $45.00 $13,090.00 $1,740.00 $45.00 $24,seo.ao $15.00 $5,265.00 $32.09 $235430 533.130 $35.00 $33.01)$1,102.00 533420 $0.00 _$:,534.ou._' $53 65 0| $56,894.00 nysmmmgnm-ways smon s1o,san.on $4o.ao s1s,nan.oo $4o.ou $21,920.00 $40.09 $1,530.02: a)mu Sa.1sn.an 50.00 C)town Center 9)Puhlic u ram Quantity Total Cm:For mu mmM mm "sssxrnna 560330.00 GRAND TOTAL OF BID FOR ALL PALM TREES :_W_E-.-...—?,~ 56S583Is.oo ‘5 K .Agenda Item #8.B.13 Jun 2022Page 48 of 134 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.22-38 to award Bid 2122-1 1:Parking Improvements at Donner Park ——CDBG 20-21 4 I ‘‘=!'/ SUBMITTED BY:Scott Williams,Public Works Director 6 TODAY’S DATE:May 26,2022 MEETING DATE:June 13,2022 BACKGROUND:On May 25,2022 ?ve bids were opened for Bid 2122-11:Parking Improvements at Donner Park —CDBG 20-21.Lump sum prices were received as follows: CGC,Inc.EltonAlan,Inc.ERS Corp.I-lager KBT Contracting Construction Co. $164,747.00 $102,809.15 $117,383.00 $110,135.82 $106,784.00 The project consists of furnishing all labor,equipment and materials for the removal of 220 feet of existing sidewalk and the construction of 13 turfblock parking spaces,a six foot wide sidewalk around the parking spaces and relocation of an existing fence.The Contractor will be given 60 calendar days to complete the project after receipt of written Notice to Proceed. BUDGET:The lump sum bid price for the project,$102,819.15,will be fully funded from the $371,500.00 currently budgeted in the Capital Projects Fund Account 300-6020-572—63.00,under project number PR2206 “George St.Parking/Splash Pad.”The CDBG reimbursement for this portion of the overall Donner Park Improvements grant funding will be $49,250.00 (out of the total grant amount of $97,500.00). RECOMMENDATION:Award Bid 2122-1 1 to EltonAlan,Inc.in the amount of$102,809.l5,and authorize the City Manager to execute the contract. ATTACHMENTS:Resolution No.22-38 Bid 2l22-11 —Bid Tabulation REVIEWED BY CITY MANAGER:Agenda Item #8.C.13 Jun 2022Page 49 of 134 RESOLUTION NO.22-38 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AWARDING BID NO.2122-ll:PARKING IMRPOVEMENTS AT DONNER PARK —CDBG 20-21; 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 May 25,2022,five lump sum bids were received and opened for Bid 2122-]1:Parking Improvements at Donner Park —-CDBG 20-21;and WHEREAS,the total lump sum bid prices received ranged from $102,809.15 to $164,747.00;and WHEREAS,EltonAlan,lnc.,the low bidder,submitted all required documents in its bid submittal;and WHEREAS,the project consists offurnishing all labor,equipmentand materials requiredfor the removal of 220 feet of existing sidewalk;the construction of 13 turf block parking spaces and a 6-foot-wide sidewalk around the parking spaces;and relocation of an existing fence;and WHEREAS,the Contractor will be given 60 calendar days to complete the project after receipt of written Notice to Proceed;and WHEREAS,the lump sum bid price for the project,$102,819.15,will be fully funded from the $371,500 budgeted in Capital Projects Fund Account 300-6020-572-63.00,under project number PR2206 “George St. Parking/Splash Pad.”The CDBG reimbursement for this portion of the overall Donner Park Improvements grant funding will be $49,250.00 (out of the total grant amount of $97,500.00). 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 2122-1 1 to EltonAlan,lnc.,in the amount of $102,809.15 to perform the work for said bid in accordance with the bid speci?cations. SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract with EltonAlan,Inc.and approve a Purchase Order to said vendor in the amount of$102,809.15. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13"‘day ofJune,2022. Ellen Glasser,Mayor Attest: Donna L.Baitle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.C.13 Jun 2022Page 50 of 134 City ofAtlantic Beach Parking Improvements at Donner Park -CDBG 20-21 May 25,2022 13:11212211 Required Documents CGC,Inc.EltonAlan,Inc.ERS Corp.I Hager Construction Co.KBT Contracting Kudzue 3 Trucking,Inc Submissionin Triplicate -All Documents x X X X X Document Requirements Checklist X X X X x W~9 Fomi X X x X x Bid Fonn X X X X X Bid Bond —5%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 Fonn X X X X x Business Tax Receipt X X X x X Proof of Experience -5 years X X X X X License -General Contractor X X X X X Financials -2 years X X X X X Insurance X X X X X References ~3 X X X X X Written Con?rmation of Adenda -1 X X X I X X Lump Sum Total for Parking Improvements at Donner Park —$164,747.00 $102,809.15 $117,383.00 $110,135.82 $106,784.00 N0 BID CDBG 20-21 Agenda Item #8.C.13 Jun 2022Page 51 of 134 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITIES IMPROVEMENTS CONTRACT THIS COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC lMP?OVEMENTS CONTRACT (the '‘Contract")is made and entered into in tripli cate asof 'i ’ ‘;A#,2021,but shall be elfective as of October 1,2020 (the "Effective Da te” ), by§,_,__/_} and between t e CITY OF JACKSONVILLE.a consolidated municipal corporation politica lsubdivisionexistingunderthelawsoitheStateofFlorida(the “Cit ").and CITY OF BEACH.a Florida municipal corporation in Duval County,Florida ("Recipient"). FIECITALS: WHEREAS,pursuant to the provisions of Title I ol lhe Housing and Urban D ev ei op rn en t Act ol 1974,as amended.Public Law 93-333,and 24 CFR 570,as amended,the U nit ed States Departn1ent of Housing and Urban Development (“HUD“)awarded the City a Developrnenl Block Grant (“CDBG"),under Federal Grant Award No.B—20—lJC~12- D017 and CFDA No.14.218.which provides tor the development,establishment and administ ration of projects to benefit low and moderate incorne persons that aid in the elimination slu m and blight,and/or that meet an urgent community need;and WHEREAS,the CDBG further provides that the City may contract with rnu nic ipa l corporations to administer and Implement certain projects under the grant:and WHEREAS,pursuant to that certain Inter-Local Agreement between the Cit y and Recipient and approved by the City of Jacksonville Mayor on September 28,1995,as a m ov w de d, and as approved by Resolution 95-944-A (the “inter-Local Agreernent")the City is rto disburse CDBG funds to Recipient up to an annual maximum based upon a percentage olthe Recipient's population;and WHEREAS,it is in the best interest of the City to enter into a contract with to administer a portion of the grant lunds;and WHEREAS.pursuant to the appropriation and approval set forth in Ordinance 2020- 246-E,and in keeping with the terms 0!the Inter-Local Agreement.the City hereby e n g a g es the services ol Recipient to administer and implement a portion of the CD36 for a project asmore particularly set forth in Attachment A-1 (the ‘'Project''). NOW,THEREFORE.in consideration of the vnulual prornises and covenants herein contained,the receipt and su?iciency of which are hereby acknowledged,the parties agr ee as follows: AFITICLE 0 (Incorporation by Reference) 0.1 The above stated recitals are true and correct and,by this reference,a r e madea part of and are Incorporated in this Contract. 0.2.Any exhibits or attachments referred to in this Contract are,by this r e f e r e n c e , made a part of and incorporated into this Contract‘Agenda Item #8.C.13 Jun 2022Page 52 of 134 ARTICLE I (Supervision) 1.1 Recipient agrees to perform the required services for the Project under the general coordination of the City’s Neighborhoods Department,Housing and Community Development Division. 1.2 Nothing contained in this Contract or any other document (attached to or contemplated by this Contract)shall constitute or create any duty on or warranty by the City regarding:(a)the accuracy or reasonableness of Recipient’s budget,attached hereto as Attachment B-1 (the “Budget”);(b)the feasibility or quality of the Construction Documents (as defined below),if any;(c)the proper application by Recipient of the proceeds;(d)the quality or condition of the Project,including the improvements;or (e)the competence or qualifications of any third party furnishing services,labor or materials in connection with the construction of the Project,including the improvements.For purposes of this Contract,the term “Construction Documents"shall mean the Architect's contract,each contractor’s contract,all construction, architectural and other design professional contracts and subcontracts,all change orders,all Governmental Approvals (as defined herein),the plans and specifications,and all other drawings,budgets,bonds and agreements relating to the construction of the Project.Recipient acknowledges that it has not relied and will not rely upon any experience,awareness or expertise of the City,or the City's inspector,regarding the aforesaid matters.Recipient acknowledges that the City’sonly responsibility under the provisions of this Contract is to pay up to the amount provided for if Recipient performs the Services (defined below)to the City’s satisfaction.The City shall not be liable to any contractors or subcontractors of Recipient for payment on any contract or subcontract,and all contractors and subcontractors shall look solely to Recipient for payment.Recipient shall include this Section 1.2 in its contracts and any subcontracts to which Recipient may be a party for performance of the services required in this Contract. ARTlCLE ll (Scope of Services) 2.1 Recipient agrees to perform the services necessary to complete the Project described in Attachment A-1 (“Services”or “Scope of Services”).If any services,functions, or responsibilities not specifically set forth in this Contract are necessary for the proper performance of the Project,then they are deemed implied by and included within the Project. 2.2 in addition to the requirements,limitations and restrictions set forth elsewhere in this Contract,Recipient shall use the grant funds provided hereunder in a manner consistent with federal,state and local laws,rules,regulations and policies,amended from time to time, reference.Recipient acknowledges and agrees that it has reviewed,understands and is familiarwithallapplicablefederal,state and local laws,rules,regulations and policies concerning thisContract,and has not relied on the City as to the content or meaning of such laws,rules,regulations or policies.If any of the obligations of this Contract are to be performed by acontractororsubcontractorofRecipient,Recipient shall incorporate the provisions of thisSection2.2 into the subcontract.Additionally,Recipient represents and warrants to the City that I Recipient has reviewed,understands,and is familiar with and will comply with theprovisions of Agenda Item #8.C.13 Jun 2022Page 53 of 134 the Jacksonville Ethics Code,Chapter 602,Jacksonville Ordinance Code,and the provisions of the Jacksonville Procurement Code,Chapter 126,Jacksonville Ordinance Code. ARTlCLE lll (Funding) 3.1 The City agrees to pay Recipient an amount not to exceed $97,500.00,which amount is the maximum indebtedness of the City pursuant to this Contract and the City’s only obligation under this Contract.The City makes no warranty as to the sufficiency of the funds for the Project,and Recipient understands and agrees that whether or not the City’s funds are sufficient to complete the Project,Recipient’s duty under the provisions of this Contract is to complete the Project. 3.2 The City shall pay the grant funds to Recipient over the period of this Contract commencing on the Effective Date and ending September 30,2022,for the Project in accordance with the provisions of this Contract.Paymentsshall be made for the Project on a reimbursement basis as set forth in Attachment B-3.The City shall not be required to advance any funds.Recipient shall expend the funds solely and exclusively for the Project and Recipient shall not expend or otherwise use any of the funds for any other purpose.The City’s obligation to fund the disbursements to Recipient for the Project shall be limited to eligible expenses incurred by Recipient on or before September 30,2022,and the City’s obligation to make disbursements to Recipient for the Project shall end sixty (60)days thereafter. 3.3 The method of payment shall be according to the “Conditions Precedent to City’s Disbursements”,as described in Attachment B-3.The City shall not be obligated or required to make any disbursements if Recipient is in breach of this Contract. 3.4 Any unused or residual funds remaining at the termination of this Contract or after completion of the Project,whichever comes first,shall revert to and belong to the City (including any funds on hand at the time of expiration of funding and any accounts receivable attributable to the use of the funds);if any reimbursable funds were distributed to Recipient, then such funds are to be due and payable to the City on the date of the termination and shall be returned by Recipient to the City no later than thirty (30)days thereafter.lf Recipient receives or expends any portion of the funds in a manner inconsistent with the terms of this Contract (which shall include any funds reimbursed to Recipient by the City in error)or any applicable federal,state or local law,rule,regulation or policy,then Recipient shall,upon written demand from the City,immediately refund and return all such funds to the City without demand or further notice.Recipient shall also reimburse the City for all costs,expenses and fees,including attorneys’fees and court costs,incurred or expended by the City in connection with any collection efforts to recover any funds due to the City pursuant to this Contract.The City may immediately terminate this Contract if it determines,in its sole discretion,that any portion of the 3.5 Upon advance written approval from the City,Recipient may transfer funds fromlineitemtolineitemintheBudgetasspecifiedinAttachmentB-1,provided that no expenditure ‘ shall exceed the maximum indebtedness set forth in Section 3.1 of this Contract..3.6 The use of funds described in this Contract is subject to the written approval ofHUD.Agenda Item #8.C.13 Jun 2022Page 54 of 134 3.7 The use and disposition of real property and equipment pursuant to this Contract shall be in compliance with the requirements of 24 CFR 570.502,570.503,and 570.504,as applicable. 3.8 in addition to the provisions of Section 3.4 above,upon termination of this Contract,Recipient shall transfer to the City any funds on hand at the time of termination and any accounts receivable attributable to the use of the funds.Further,any real property under Recipient's control that was acquired or improved in whole or in part with the funds (including funds provided to Recipient in the form of a loan)in excess of $25,000 shall either:(i)be used to meet one of the national objectives in 24 CFR 570.208 until five (5)years after expiration of the Contract,or for such longer period of time as determined to be appropriate by Recipient;or (ii) Recipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of,or improvement to,the property.The payment is program income to the City,and no payment is required after the period of time specified in subsection (i)of this Section. 3.9 Recipient acknowledges and agrees that it shall expend funds solely for the Project as specified in this Contract. 3.10 To the extent applicable,Recipient’s financial management system and accounting procedures shall meet the requirements of 24 CFR 570.506 and 2 CFR 200 (Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards),as may be amended from time to time. ARTlCLE IV (Reporting and Monitoring) 4.1 On or before the 10”‘of every month during the term of this Contract,Recipient shall provide the City with a report in form and content acceptable to the City showing all Project activities,including a narrative summary of any progress and a financial statement showing all expenditures appurtenant to the Project.All expenditure of funds shall be made on a unit of service basis or as set forth in the Attachments to this Contract. 4.2 Recipient shall use the report form that has been approved by the City’s Housing and Community Development Division,in form and content substantially in the form of Attachment C,which the City may modify at any time during the term of this Contract. 4.3 Recipient’s failure to submit monthly reports is grounds either for the City to withhold further payments to Recipient or for termination of this Contract. 4.4 Recipient shall provide the City with all additional Project information as may be 4.5 During all periods of performance of the Services for the Project,Recipient shallpermittheCityand/or HUD,and their respective representatives,to monitor Recipient’scompliancewiththeprovisionsofthisContractandtheConstructionDocuments.RecipientagreestoallowtheCityand/or HUD to monitor,observe and review the progress and quality oftheProjectthroughperiodicon-site visits during the term of this Contract.RecipientfurtheragreestoallowtheCityand/or HUD,with prior reasonable notice,to inspect and examine allworkperformedandServicesrenderedtodetermineiftheProjectisproceedinginaccordance»with the terms of this Contract.During the constructional periods of performance of the Services4 Agenda Item #8.C.13 Jun 2022Page 55 of 134 and with prior reasonable notice,representatives of the City and/or HUD shall also have the right to access,inspect,examine,and audit any and all records and documentation whatsoever relating to the Project and the Services.The City has the authority to reject any work which does not conform to this Contract,local municipal codes,or program regulations. ARTICLE V (indemnification;insurance;No Warranty by City) 5.1 Recipient is an independent contractor,and not an employee,agent,partner, joint venturer,representative or associate of the City,in conducting the Services set forth in this Contract.Recipient shall be solely responsible for the means,methods,techniques,sequences and procedures used in its performance of this Contract. 5.2 Nothing in this Contract or contemplated by this Contract shall constitute or create any duty on,or warranty by,the City regarding:(a)the accuracy or reasonableness of the Budget;(b)the feasibility or quality of the Construction Documents,if any;(c)the proper application by Recipient of the proceeds;(d)the quality or condition of the Project,including the improvements;or (e)the competence or qualifications of any third party furnishing services, labor or materials related to the construction of the Project,including the improvements. Recipient acknowledges that it has not relied and will not rely upon any experience,awareness, or expertise of the City or the Clty’s inspector (as defined herein)regarding the aforesaid matters. 5.3 Recipient shall hold harmless and indemnify the City in accordance with the terms and conditions set forth in Attachment D. 5.4 Without limiting its liability under this Contract and prior to commencement of any work,Recipient shall procure and maintain for the life of this Contract,at its sole expense, insurance including all terms,conditions,types and limits in the amounts not less than stated in Attachment E. ARTICLE Vl Contract Period and Termination 6.1 This Contract shall be effective beginning on the Effective Date and terminate on September 30,2021,unless terminated sooner with or without cause,by either party by giving thirty (30)days’prior written notice of the termination. 6.2 The occurrence of any one or more of the following events prior to the expiration of the term of this Contract shall constitute an event of default under the provisions of this Contract: (a)Failure to perform or observe any term,condition of this Contract,which default continues for thirty (30)days after written noticethereof(unless a shorter period is set forth elsewhere in this Contract).(b)A violation of any applicable federal,state,or local law,rule,regulation,orpolicywithrespecttothesubjectmatterofthisContract. A (c)lfany representation or warranty contained in this Contractshall befalseormisleadinginanymaterialrespect. A T Agenda Item #8.C.13 Jun 2022Page 56 of 134 (d)The application by Recipient for,or consent to,the appointment of a receiver, trustee,liquidator,or custodian (or similar official)of all (or a substantial part)of its assets.A default under this provision includes any instance where Recipient: (i)is unable or admits in writing its inability to pay its debts as they mature;(ii)makes a general assignment for the benefit of creditors;(iii)is adjudicated as bankrupt or insolvent;(iv)files a voluntary petition in bankruptcy or a petition or answer seeking reorganization or any arrangement with creditors; or (v)agrees to take advantage of any insolvency law,file an answer admitting the material allegations of a petition filed against it in any bankruptcy, reorganization or insolvency proceeding;or (ii)if any corporate action shall be taken by Recipient for any purpose of effecting any of the foregoing;or if any order,judgment or decree shall be entered by a court of competent jurisdiction approving a petition seeking reorganization or appointing a receiver,trustee,liquidator or custodian (or other similar official)of all or a substantial part of its assets,and such other judgment or decree shall continue unstayed and in effect for a period of thirty (30) consecutive days. (e)An event of default by Recipient under any other agreement or transaction between Recipient and the City. 6.3 if the City terminates this Contract due to an event of default by Recipient,then the City may exercise all rights and remedies it may have at law or in equity.Failure or delay on the part of the City to notify Recipient of a default is not a waiver by the City of the default or of any future default of Recipient. 6.4 Termination shall be effective at the close of business on the 30"‘day after date of notice without the necessity of any further notice to Recipient if the breach has not been corrected within the thirty (30)day period.Notice shall be delivered in accordance with the notices provision of this Contract.Upon receipt of a notice of termination and,except as otherwise directed,Recipient shall: (a)Cease working under this Contract;and (b)Place no further orders or subcontracts related to the performance of the Services;and (c)Terminate all orders and subcontracts related to the performance of the (d)Prepare all necessary reports and documents required under the terms ofthisContractuptothedateoftermination,including the final report,withoutreimbursementfortheservicesrenderedincompletingthereportsbeyondtheterminationdate.6.5 if Recipient should materially fail to comply with any term of this Contract,suspension or termination may occur in accordance with 2 CFR 200.12,the provisions of which V are incorporated into this Contract by reference.If funding from CDBG orany other applicable Agenda Item #8.C.13 Jun 2022Page 57 of 134 funding sources should fail or cease to be provided to the City or appropriated by the City Council,then the City may terminate this Contract and shall reimburse Recipient,subject to the requirements for reimbursement in this Contract,for eligible,necessary and reasonable payments made by Recipient up to the date of the termination only. ARTICLE Vll (Uniform AdministrativeRequirements) 7.1 Recipient shall comply with the requirements and standards of 2 CFR 200 (Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards),as may be amended from time to time. 7.2 Recipient shall retain all original records pertinent to this Contract for five (5) years following the date of termination of this Contract,however terminated,or of submission of the final close—outreport,whichever is later,with the following exceptions (a)if any litigation,claim,or audit is started before the expiration of the five (5)year period,the records will be maintained until all litigation,claims or audit findings involving the records have been resolved;or (b)Records for the disposition of non-expendable personal property valued at $1,000.00 or more at the time of acquisition shall be retained for five (5)years after final disposition;or (c)The records retention period mandated by the Florida Public Records Law (Chapter 119,Florida Statutes)and/or its associated records retention schedules requires a retention period of longer than five (5)years. 7.3 Recipient shall make the Project records available to the City,the City’s agents, and HUD,to examine,inspect,and have access to,at all reasonable times. ARTICLE VIII (General Provisions) 8.1 Recipient shall hire an independent certified public accountant to audit the Project and Recipient’s provision of Services under this Contract in accordance with 2 CFR 200 (Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards),as may be amended from time to time;provided,however,the cost and expense of such audit and other reporting required in this Contract shall not be funded from the grant funds received.if a grant—specificaudit is conducted,it must be submitted to the City no later than one hundred twenty (120)days after termination of this Contract.lf included in Recipient’s overall days following theRecipient.8.2 Recipient shall abide by the provisions of Section 112.3135,Florida Statutes,asfromtimetotimeamended,pertaining to nepotism in its performance under this Contract..8.3 1 Recipient shall abide by Chapter 119,Florida Statutes,and related laws,concerning public records,as from time to time amended. 1 Agenda Item #8.C.13 Jun 2022Page 58 of 134 8.4 Recipient accepts the funds appropriated pursuant to this Contract in accordance with the terms of this Contract and shall abide by the audit requirements of this Contract or such other audit requirements as may be mandated by the City. 8.5 Recipient shall adhere to the requirements of the City’s Section 3 Manual in the procurement of Section 3 covered contracts.Recipient shall adhere to the following City procurement requirements in its procurement of non-Section 3 covered contracts (i.e.,labor, materials,supplies,and equipment)and willmaintain written documentation in its records of its compliance: Any purchase up to $2,500 requires one (1)written quotation. Any purchase over $2,500 up to $15,000 requires two (2)written quotations. Any purchase over $15,000 up to $30,000 requires three (3)written quotations. Any purchase over $30,000 up to $65,000 requires four (4)written quotations. Any purchase over $65,000 requires a formal bid procedure (advertising and sealed bids);and -Any professional design services exceeding $25,000 requires a formal bid procedure (advertising and sealed bids). 8.6 Upon a recommendation by the City,based on a written justification from Recipient that a purchase can only be efficiently and effectivelymade from one proprietary or sole-source,the City may approve the purchase,in accordance with the procedures set forth in this Contract,without competition or advertisement,but only:(i)if it is specifically found by the City based on all of the relevant facts that a proprietary or sole-source purchase is proper under the circumstances;and (ii)after posting prior notice of the purchase on the City's website or in a local newspaper of general circulation for no fewer than seven (7)calendar days. As a further prerequisite to obtaining City’s approval of purchases from a proprietary or sole- source,Recipient shall be required to provide a memorandum from its Executive Director or President to the City that: (a)Provides a summary of the scope of goods or services to be provided, identifying each item,component or service being procured and the price being proposed for the same. (b)Provides a detailed justification as to why the requested goods/services can only be efficiently and effectively procured through the recommended proprietary or sole-source provider.For purposes of this Section:(i)a “Proprietary Source” procurement shall apply to follow-up goods or services,such as replacement parts or warranty-related or required maintenance services for products and equipment previously purchased by Recipient,or follow-up or related study services by the same “So|e-Source”shall apply when there is only one justifiable source,such as patented and manufacturedproductsandservicesofferedforsaleinnoncompetitivemarketorsolelybyamanufacturer’s authorized dealer. l (c)Asserts that Recipient,prior to justifying the proprietary or sole-source,has researched the availability of the requested goods or services from other sources inapplicablemarketsandhasdiscussedandevaluatedthesamewiththeCityHousingandCommunityDevelopmentDivision’s appropriate project manager;and8.Agenda Item #8.C.13 Jun 2022Page 59 of 134 (d)Attaches (i)a scope of goods and/or services;(ii)a fee and/or cost summary;and (iii)a copy of a proposal letter from the proprietary or sole-source provider regarding the scope of goods and/or services and other proposed contract terms and conditions (i.e.,price,duration,etc.). ARTICLE IX (Procurement Requirements regarding Conflicts of Interest) 9.1 Recipient-related Conflicts of Interest. (a)Procurement Disclosure Reguired.Recipient acknowledges that pursuant to Section 126.110,Jacksonville Ordinance Code,if a public official (as defined in Section 126.110(e))has a financial interest in Recipient’s bid or contract,such public official must disclose to the City’s Procurement Division and Housing and Community Development Division:(i)at the time the bid or proposal is submitted or subsequently no later than the closeof the second full,regular work day after the bid or proposal is submitted (not including the day that the bid is submitted or any Saturday,Sunday or City holiday);or (ii)prior to or at the time that the official acquires a financial interest in the bid or proposal.The disclosure shall meet the requirements of Section 126.110, Jacksonville Ordinance Code,and include,but not be limited to,the following:the bid or proposal number,the name of the official and his or her public office or position;the name and address of the business entity in which the official has a financial interest;and the position or relationship of the official with that business entity.A public official’s failure to make the required disclosure in a timely manner is a violation of Sections 126.110 and 602.406,Jacksonville Ordinance Code. (b)Unauthorized Self-Dealing Prohibited.Except as acknowledged and authorized by Recipient,Recipient’s managers,directors and officers shall not sell any property (real or personal),goods or services to,or purchase any property (real or personal),goods or services from,Recipient directly or indirectly if such sale or purchase involves the City funds provided under this Contract.Additionally,Recipient may adopt a self-dealing policy to prevent and resolve actual or apparent conflicts of interest between Recipient’s organization and its managers,directors,and officers regarding Recipient’s use of City funds.At the City’s request,Recipient shall provide the City with a copy of such policy. (c)Gifts Prohibited;Reguired Notification.Recipient and its subcontractors shall not offer or provide gratuities,favors,or anything of monetary value to any City employee,officer,or agent engaged in the selection,award and administration of this shall promptly notify the City as outlined in section 13.2 of this Contract.(d)Code of Conduct Pursuant to.24 CFR 84.42.Recipient shall maintainwrittenstandardsofconductgoverningtheperformanceofitsemployeesengagedintheawardandadministrationofcontracts.No employee,officer,or agent shall participate intheselection,award,or administration of a contract supported by federal funds if a realorapparent-conflict of interest would be involved.Such a conflict wouldarise when theemployee,officer,or agent,any member of his or her immediate family,his.or herpartner,or an organization which employs or is about to employ any of the parties9 Agenda Item #8.C.13 Jun 2022Page 60 of 134 indicated herein,has a financial or other interest in the firm selected for an award.The officers,employees,and agents of Recipient shall neither solicit nor accept gratuities, favors,or anything of monetary value from contractors,or parties to sub-agreements. However,Recipient may set standards for situations in which the financial interest is not substantial,or-the gift is an unsolicited item of nominal value.The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,employees,or agents of Recipient. (e)Default.Recipient’s failure to adhere to this Section 9.1 shall be deemed an event of default under Section 6.2 of this Contract. 9.2 City-related Conflicts of interest. (a)Federal Procurement Regulations.Recipient acknowledges that City employees and public officers are subject to the federal procurement standards set forth in 2 CFR §200.317 and 2 CFR §200.318,which requires the City to maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection,award and administration of this Contract. Recipient further acknowledges that under the federal procurement standards,no employee,officer,or agent of City may participate in the selection,award,or administration of this Contract if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the City employee,officer,or agent,any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any of the parties indicated herein,has a financial or other interest in or a tangible personal benefit from this Contract.Additionally,Recipient acknowledges that the officers,employees,and agents of City may neither solicit nor accept gratuities,favors,or anything of monetary value from Recipient or its subcontractors. (b)State and Local Procurement Laws.Recipient acknowledges that City employees and public officers are subject to additional procurement conflict of interest provisions in Chapter 112,Part ill (Code of Ethics for Public Officers and Employees), Section 112.313(3),Florida Statutes,and Chapter 602 (Jacksonville Ethics Code), Section 602.406,Jacksonville Ordinance Code. ARTICLEX (intentionallyDeleted) ARTICLE XI (Other Federal Program Requirements) 11.1 carry out Servicescompliancewithallapplicablefederallawsandregulations,which are incorporated into thisContractbyreference,as may be amended from time to time,including,but not limited to:Public Law 88-352 -Title VI of the Civil Rights Act of 1964,as amended.Public Law 90-284 -Title Vlli of the Civil Rights Act of 1968..Executive Order 11063 (as amended by Executive Order 12259)..Section 109 of Title I of the Housing and Community Development Actof 1974 (asamendedby42U.S.C.5301-5320).. ‘ 6000 10 Agenda Item #8.C.13 Jun 2022Page 61 of 134 11.2 Davis-Bacon Act and related acts (as amended by 40 USC 276a to a~7). Contract Work Hours and Safety Standards Act (40 USC 327 through 333). National Flood Insurance Program (as set forth in the Florida Disaster Protection Act of 1973) Displacement,Relocation Assistance and Real Property Acquisition (as set forth in 49 CFR 24 and 24 CFR 42). Equal Employment and Contracting Opportunities: o Executive Order 11246 (as amended by Executive Orders 11375,11478,12107, and 12088,and supplemented by 41 CFR 60). o Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u). Copeland “Anti-Kickback”Act (18 USC 874 and 40 USC 276c). Lead Based Paint Poisoning Prevention (as set forth in 24 CFR 35). Use of Debarred,Suspended or ineligible Contractors or Sub-Contractors [in accordance with Executive Orders 12549 and 12689,and as set forth in 24 CFR 29 and 29 CFR 5.12(a)(1)]. NondiscriminationBased on Age or Handicap (as set forth in the Age Discrimination Act of 1975,as amended,and 24 CFR 146). Section 504 of the Rehabilitation Act of 1973. Environmental Protection Agency Regulations National Environmental Policy of 1969. Title 24,Code of Federal Regulations,Volume 1,Part 135. Byrd Anti-Lobbying Amendment (31 USC 1352). Clean Air Act,942 USC 7401 et seq.)and the Federal Water Pollution Contract Act (33 USC 1251 etseq.),as amended. This Contract is also governed by the following: (a)Section 3 -Title 24,Volume 1,Part 135,Appendix to Part 135(a).The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u)(Section 3)is:(i)to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall,to the greatest extent feasible and consistent with existing federal,state and local laws and regulations,be directed to low- and very low-income persons,particularly those who are recipients of government assistance for housing;and (ii)to address business concerns of qualifying non-profit agencies that provide economic opportunities to low~and very-low income persons.To the extent applicable,Recipient shall adhere to the provisions of the City’s Section 3 Manual available on the City’s website. (b)If Recipient is or was created by a religious organization,Recipient agrees that all funds disbursed under this Contract shall be subject to the conditions, restrictions,and limitations of 24 CFR 5.109 and 24 CFR 92.257. Transparency Act,Public Law 109-282 (the “Act”),as may be amended from time totime,including all reporting requirements.As required by the Act,Recipient shall provideCitywiththefollowinginformationcontemporaneouslywithRecipient's execution of thisContract:(i)The names and total compensation of Reclpient’s five most highlycompensatedofficersifRecipientintheprecedingfiscalyearreceivedeightypercent(80%)or more of its annual gross revenues in federal awards;and11 Agenda Item #8.C.13 Jun 2022Page 62 of 134 $25,000,000.00 or more in annual gross revenues from federal awards;and the public does not have access to this information about the compensation of the senior executives of Recipient through periodic reports filed under Section 13(a) or 15(d)of the Securities Exchange Act of 1934 (15 USC §§78m(a),78o(d))or Section 6104 of the Internal Revenue Code of 1986,as provided in §2(b)(1)of the Act;and (ii)Recipient’s entity information,Data Universal Numbering System (“DUNS”)number,and Parent DUNS number,if applicable;and (iii)Documentation evidencing its registration in the United States Government’s System for Award Management (www.SAM.gov),pursuant to the provisions of the Act.Recipient must ensure that such registration remains current and in good standing throughout the term of this Contract. Recipient further agrees to provide the City with additional information and documentation throughout the term of this Contract as may be requested by the City to ensure alignment of Recipient’s system and processes to meet the reporting and other requirements of the Act.Notwithstanding any provision in this Contract to the contrary, Recipient’s violation of this Section shall be cause for immediate suspension of payment to Recipient of the grant funds provided under this Contract and the City’s unilateral termination of this Contract upon thirty (30)days’prior written notice to Recipient. (d)Recipient shall comply with the Federal immigration and Naturalization Act.The City shall consider Recipient’s employment of unauthorized aliens a violation of Section 274A(e) of the Federal immigration and Naturalization Act.Such violation shall be cause for the City’s unilateral termination of this Contract upon thirty (30)days’prior written notice of the termination. ARTICLE Xll (Representations and Warranties by Recipient) 12.1 Without limiting the representations,warranties and covenants of Recipient set forth elsewhere in this Contract,as a material inducement for the City to enter into this Contract, Recipient acknowledges that as of the Effective Date,and continuing during the term of this Contract as if continuously reiterated,that the following is true: (a)Recipient is a Florida municipal corporation duly incorporated in Duval County,Florida.Recipient is authorized to conduct business and is in good standing in the State of Florida.Recipient has full power and authority to execute and deliver this Contract and all documents contemplated by this Contract,and to perform its contractual breach of any other agreement is a party.Contract on behalf of Recipient have full power and authority to do so,and RecipientshalldelivertotheCitypromptlyuponrequestalldocumentsreasonablyrequestedbytheCitytoevidencethatauthority.(b)Recipient is exempt from taxation in certain instances including but notlimitedtothoseprovidedintheConstitutionoftheStateofFlorida(Art.Vll.Section 3),and in Chapters 163,196,and 212 of the Florida Statutes.12 Agenda Item #8.C.13 Jun 2022Page 63 of 134 (c)The making,execution and delivery of this Contract and performance of all contractual obligations by Recipient have been duly authorized and approved by Recipient’s shareholders,members,partners,or Board of Directors (as the case may be). (d)When executed by the City,this Contract and all documents contemplated by this Contract constitute a legal,valid,and binding obligation of Recipient,enforceable in accordance with their respective terms. (e)This Contract and all documents contemplated by this Contract do not and will not contravene any provision of the governing documents of Recipient,any judgment,order,decree,writ or injunction to which Recipient is bound,or any provision of any applicable law or regulation to which Recipient is bound. (f)Recipient and each of its general contractors,subcontractors, materialmen,laborers and other persons performing services relating to the Project hold all necessary licenses,permits and authorizations required by all applicable governmental agencies and authorities as a condition precedent to conduct business in the State of Florida and to work on the Project.Recipient shall promptly deliver to the City,upon request,all documents reasonably requested by the City to evidence such licenses,permits,and authorizations. (g)Recipient has not employed or retained any third party having a relationship with the City to solicit or secure this Contract and has not paid or agreed or promised to pay any such person any fee,commission,percentage,gift or any other consideration contingent upon or resulting from the execution of this Contract. (h)Recipient has not engaged a broker,finder or other similar third party in connection with this Contract that would obligate the City to pay any cost,expense,fee to such broker,finder or other similar third party. (i)Recipient is not in breach of any prior donation agreement or City code provisions by which the City donated property to Recipient for the development of affordable housing. (j)Recipient is not on the Council Auditor’s l\lon—ComplianceListpursuant to Chapter 18,Jacksonville Ordinance Code,or the Vendor Debarment List pursuant to Chapter 126,Jacksonville Ordinance Code. (k)Recipient is not in breach of any of the conditions or requirements of any City grant award or program. (i)Recipient is not delinquent taxes payment liens,enforcement,nuisance liens,demolition liens or other municipal liens or fines,on realpropertyownedbyRecipientandincurredafterRecipienttookownershipoftherealproperty.(m)Recipient is not in litigation against the City,other than as an agent,attorney,guardian,or personal representative of an estate.13 Agenda Item #8.C.13 Jun 2022Page 64 of 134 12.2 Recipient has obtained for the construction of the Project,or will obtain prior to beginning of construction of the Project,all necessary approvals and consents from all governmental or quasi-governmental authorities having jurisdiction over the Project,including, but not limited to,street openings or closings,zoning and use and occupancy permits,sewer permits,environmental permits and approvals,building permits,highway occupancy permits, subdivision and land development approvals,and approvals of fire underwriters (collectively,the “Governmental Approvals”),and all Governmental Approvals are or will be final,unappealed, and unappealable,and remain in full force and effect without restriction or modification. 12.3 To the extent applicable to this Contract,no notice of taking by eminent domain or condemnation of any part of the real properties or dwellings contemplated by this Contract has been received,and Recipient has no knowledge that any such proceeding is contemplated with respect to the Project or the improvements. 12.4 No part of any real property or dwelling units contemplated by this Contract has been damaged or injured as a result of any fire,explosion,accident,flood,or other casualty that is not now fully restored. 12.5 Each and every parcel of real property and dwelling unit contemplated by this Contract abuts and has direct access to a legally opened public right-of-way. 12.6 Electricity,public potable water and public sanitary and storm sewerage facilities and,if shown on the plans and specifications,natural gas service,are available at each and every parcel of real property and dwelling unit contemplated by this Contract,or willbe available prior to beginning construction,and are of sufficient capacity to service the Project and improvements. 12.7 All public improvements included as part of the Project and/or improvements have been fully authorized by appropriate municipal ordinance or other required municipal action or will be so authorized prior to beginning construction.Recipient is not in default under any other agreement with the City,and Recipient has satisfied all conditions imposed by any governmental authority in connection with the grant of development approval for each and every parcel of real property and dwelling unit contemplated by this Contract. 12.8 Recipient has not relied on any warranty by the City regarding (a)the accuracy or reasonableness of the Budget (b)the feasibility or quality of the Construction Documents,(c) the proper application by Recipient of the proceeds,(d)the quality or condition of the Project, including the improvements,or (e)the competence or qualifications of any third party furnishing services,labor or materials in connection with the construction of the Project,including the improvements.Recipient acknowledges that it has not relied and will not rely upon any experience,awareness or expertise of the City,or the City’s inspector,regarding these matters. ARTICLE Xlll(Miscellaneous)13.1 This Contract shall not be amended or modified in any way except by aninstrumentinwritingexecutedbybothparties.13.2 Any notices permitted or required in this Contract,shall be in writing and shall bedulydeliveredandgivenwhenpersonallyserved,or the next business day after such notice issentibyovernightdeliveryservicebyanationallyrecognizedcouriersuchasFederalExpressor14 Agenda Item #8.C.13 Jun 2022Page 65 of 134 UPS with delivery charges paid by the sender,or three (3)business days after such notice is mailed to the person at the address designated in this Contract.If notice is mailed,it shall be mailed,postage prepaid,in the United States mail by certified or registered mail —return receipt requested.Failure to accept certified or registered mail shall be deemed a receipt thereof within ten (10)days after the first notice of delivery of the certified or registered mail.Any party may change its address as designated in this Contract by giving such notice of the change to the other party.The addresses for notices to the parties are as follows: To the City: City of Jacksonville Housing and Community Development Division 214 North Hogan Street,7”‘Floor Jacksonville,Florida 32202 Attention:Chief To Recipient: City of Atlantic Beach 800 Seminole Road »Atlantic Beach,Florida Attention:City Manager 13.3 TIME IS OF THE ESSENCE in the performance by any party of its obligations under the provisions of this Contract.if time for performance falls upon a Saturday,Sunday,or legal holiday,as defined by Florida law,the time for performance shall be the next day that is not a Saturday,Sunday,or legal holiday.Saturdays,Sundays,and legal holidays shall not be considered business days. 13.4 No waiver of any term or obligation of this Contract may occur or be enforced unless it is signed by both parties.The failure or delay by either party in asserting any of its rights or remedies as to any default under the provisions of this Contract shall not constitute a waiver of the default,or any other default,or of related rights or remedies. 13.5 Except with respect to rights and remedies expressly declared to be exclusive in this Contract,if any,the rights and remedies of the parties are cumulative,and the exercise by either party ofoneor more of such rights or remediesshall not preclude the exercise by it,at the same or different times,of any other rights or remedies for the same default,or any other default by the other party. provision of this Contract is severable;and,if for any reason,any section,part,term or provisionisdeterminedtobeinvalid,contrary to,or in conflict with,any law,rule or regulation by a courtorgovernmentalagencyhavingcompetentjurisdiction,and the unenforceability of the invalidprovisiondoesnotadverselyaffectthepurposeandintentofthisContract,in the City's solediscretion,the remaining sections,parts,terms or provisions of this Contract shall continue to begivenfullforceandeffect.-13.7 This Contract and the rights and obligations of the parties hereto shall inure to .the.benefit of and be binding upon the parties.This Contract is for the sole and exclusive benefit15 Agenda Item #8.C.13 Jun 2022Page 66 of 134 of the parties,and no third party is intended to or shall have any rights or benefits under this Contract. 138 All legal actions or proceedings arising out of or related to this Contract shall lie exclusively in a state or federal court in Duval County,Florida.This Contract shall be governed by,construed,and enforced according to the laws of the State of Florida. 13.9 As required by Section 126,Part 4,Jacksonville Ordinance Code,and directives from the City administration,Recipient has adopted and will maintain a policy of nondiscrimination or harassment against any person with regard to race,color,sex (including pregnancy),sexual orientation,gender identity or expression,religion,political affiliation, national origin,disability,age,marital status,veteran status,or any other impermissible factor in recruitment,hiring,compensation,training,placement,promotion,discipline,demotion, transfers,layoff,recall,termination,working conditions,and related terms and conditions of employment.Recipient agrees that,on written request,it will permit reasonable access to its records of employment,employment advertisement,application forms and other pertinent data and records for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this Contract;provided,that Recipient shall not be required to produce for inspection records covering periods of time more than one (1)year prior to the Effective Date of this Contract.If any of the obligations of this Contract are to be performed by a contractor or subcontractor,the provisions of subsections (a)and (b)of Section 126.404,Jacksonville Ordinance Code,shall be incorporated into and become a part of the subcontract. 13.10 Recipient shall,upon the City’s request:(a)promptly correct any defect,error or omission in this Contract and any related documents;(b)execute,acknowledge,deliver, procure,record or file such further instruments and do such further acts deemed necessary, desirable or proper by the City to carry out the purposes of this Contract;(c)execute, acknowledge,deliver,procure,file or record any documents or instruments deemed necessary, desirable or proper by the City to protect its rights against the rights or interests of third persons; and (d)provide such certificates,documents,reports,information,affidavits and other instruments and do such further acts deemed necessary,desirable or proper by the City to carry out the purposes of this Contract. 13.11 Unless otherwise expressly provided,if there is a conflict between any provisions of this Contract and any attachment or exhibit attached to or referenced in this Contract,the provisions of this Contract shall govern to the extent of such conflict.The parties have had meaningful input into the terms and conditions contained in this Contract.Recipient acknowledges that it has had ample time to review this Contract and related documents with counsel of its choice.Should any provision of this Contract require judicial interpretation,there shall be no presumption that the terms of this Contract shall be more strictly construed against either party. 13.12 Captions and headings in this Contract are for convenience of reference onlyshallnotaffecttheconstructionofthisContract.13.13 All of Recipient's representations,warranties,indemnities and other covenantssetforthinthisContractarecontinuinginnatureandshallsurvivetheterminationofthisContract.13.14 (Except for contracts awarded pursuant to 40 USC Section 31.41,et seq.,the-parties are aware and understand that a person or affiliate who has been placedjon the State of16 Agenda Item #8.C.13 Jun 2022Page 67 of 134 Florida Convicted Vendor List following a conviction for a public entity crime may not:(a)submit a bid on a contract to provide any goods or services to a public entity;(b)submit a bid on a contract with a public entity for the construction or repair of a public building or public work;(c) submit bids on leases of real property to a public entity;(d)be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;or,(e) transact business with any public entity in excess of $35,000.00 for a period of thirty-six (36) months from the date of being placed on the Convicted Vendor List. 13.15 Neither party may assign this Contract or any of its rights and obligations under the provisions of this Contract. 13.16 Prompt Payment to Subcontractors and Suppliers. (a)Nothing in this Contract shall prohibit Recipient from disputing,pursuant to the terms hereof,all or any portion of a payment alleged to be due to its subcontractors and suppliers.If there is a dispute,Recipient may withhold the disputed portion of the payment only after Recipient has provided written notice to the City and to the subcontractor or supplier whose payment is in dispute,stating the amount in dispute and describing the actions required to cure the dispute.The notice shall be delivered to the City and the subcontractor or supplier within (ten)10 calendar days after Recipient receives payment from the City.Recipient shall pay all undisputed amounts due within the time limits imposed by this Section. (b)Recipient shall pay all contracts awarded to certified Jacksonville Small and Emerging Businesses (“JSEB”)and Minority Business Enterprises (“MBE”)as defined in Chapter 126,Part 6,Jacksonville Ordinance Code,for all work completed and materials,services and equipment furnished by the JSEB or MBE associated with this Contract within seven (7)days of completion of the work or services rendered.Recipient shall not unreasonably withhold payments to certified JSEBs or MBEs.if a dispute arises,Recipient may withhold the disputed portion of the payment but first shall provide notice to the City and to the certified JSEB or MBE whose payment is in dispute which notice shall:(i)be in writing;(ii)state the amount in dispute;(iii)specifically describe the actions required to cure the dispute;and (iv)be delivered to the City and the subcontractor or supplier within five (5)calendar days after Recipient’s receipt of a request for payment from the JSEB or MBE.Recipient shall pay all undisputed amounts due within the time limits imposed by this Section.The failure to timely pay undisputed amounts to the JSEB or MBE is a material breach of this Contract.Continued failure to adhere to this Section is cause for termination of this Contract. (c)The prompt payment requirements of this Section shall,in no way,create any contractual relationship or obligation between the City and any subcontractor, make timely payments.However,Recipient’s failure to comply with thesepaymentrequirementsisamaterialbreachofitscontractualobligationsto the City.Consequently,the City,without waiving any other available remedy it may have againstRecipient,mayiissue joint checks and charge Recipient a two-tenths percent (0.2%)daily late payment interest charge or other charges specified in Chapter 126 of theJacksonvilleOrdinanceCodeforJSEBsorMBEsandChapter218,Florida Statutes,fornon-JSEBs or MBEs,whichever is greater.17 Agenda Item #8.C.13 Jun 2022Page 68 of 134 13.17 Recipient shall annually attend all training workshops relating to the Project and Services contemplated by this Contract,as may be reasonably required by the City. 13.18 In the provision of the Services to be performed by Recipient,Recipient must comply with any and all applicable federal,state and local laws,rules,regulations and ordinances,as the same exist and may be amended from time to time.Such laws,rules, regulations,and ordinances shall include,but are not limited to,Chapter 119,Florida Statutes, (the Florida Public Records Law)and Section 286.011,Florida Statutes,(the Florida Sunshine Law).Such laws,rules,regulations and ordinances must also include,but are not limited to, obtaining and maintaining all licenses and certifications that are required to perform the Services contemplated by this Contract,in the City of Jacksonville,State of Florida.if any of the obligations of this Contract are to be performed by a contractor or subcontractor,the provisions of this Section shall be incorporated into and become a part of the subcontract. 13.19 As provided in Section 126.305,Jacksonville Ordinance Code,for professional services contracts over $50,000.00,execution of this Contract by Recipient is deemed to be simultaneous execution of the required truth-in-negotiation certificate as if the certificate had been executed apart from this Contract.Pursuant to such certificate,Recipient states that the wage rates and other factual unit costs supporting the compensation under the provisions of this Contract are accurate,complete,and current at the time of contracting.The compensation shall be adjusted to exclude any significant sums where the City determines the contract price was increased due to inaccurate,incomplete or noncurrent wage rates and other factual unit costs, provided that any and all such adjustments shall be made within one (1)year following the completion date of this Contract. 13.20 If this Contract,meets or exceeds the statutory price threshold of $1,000,000.00, Recipient certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the lran Petroleum Energy Sector List,created pursuant to Section 215.473,Florida Statutes.Pursuant to Section 287.135, Florida Statutes,the City may terminate this Contract immediately,without penalty,if Recipient is found to have submitted a false certification or if Recipient is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the lran Petroleum Energy Sector List. 13.21 Recipient,its contractors and subcontractors shall maintain all books,documents, papers,accounting records and other evidence pertaining to costs incurred in performing the Services and shall make such materials available at all reasonable times during the period of this Contract and for five (5)years from the date of final payment under this Contract for inspection, copying,and/or audit by the City. commitment of grant funds is conditioned upon the satisfactory completion of CFR 58,if required.in accordance with 24 CFR 58,sub-recipients,owners,sponsors or any third-party partners cannot undertake any physical actions on a site,commit,expend or enter into any legally binding agreements for this Project that constitute choice-.limiting actions for any CDBG or non-CDBG funds before the environmental review process hasbeencompletedandtheCityhasreceivedaReleaseoffundsfromHUD.Choice-limitingactionsaredefinedbyHUDas:property acquisition,demolition,movement,rehabilitation,conversion,repair,or construction prior to the environmental clearance.If Recipient has anyneedtoexpendfundspriortotheexecutionofthisContract(i.e.,costs to conduct environmentalreview,administration,etc.),a written request must be submitted to the City at the address18 Agenda Item #8.C.13 Jun 2022Page 69 of 134 indicated in Section 13.2 of this Contract.All requests for pre-award costs are subject to the provisions of 24 CFR 570.200(h)(1),and 2 CFR 200.Any violation of this Section will result in the automatic denial of the funding request or the de-obligation of the CDBG funds,if already awarded. 13.23 Recipient shall use its good-faith efforts to afford small businesses,minority business enterprises,and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Contract.As used in this Contract,the terms,“small business”means a business that meets the criteria set forth in Section 3(a)of the Small Business Act,as amended (15 USC 632);and “minority and women’s business enterprise” means a business at least fifty-one percent (51%)owned and controlled by minority group members or women.For the purpose of this definition,“minority group members”are African Americans,Spanish-speaking,Spanish surnamed or Spanish-heritage Americans,Asian- Americans,and American lndians.Recipient may rely on written representation by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 13.24 This Contract may be executed in any number of counterparts,all of which taken together constitute but one instrument. 13.25 This Contract constitutes the entire understanding and agreement between the parties with respect to its subject matter and supersedes all prior negotiations,representations, agreements,and understandings,oral or written,between them with respect to the subject matter. [The remainder of this page was left blank intentionally by the parties.Signature pages to follow] 19 Agenda Item #8.C.13 Jun 2022Page 70 of 134 IN WITNESS WHEREOF.lhe parlies herelo duly execute this Contract as o f theday and year first written above. CITY OF ATLANTIC BEACH.a Florida rr7 ur1 I'c.‘ l' paI corporation in Duval Cow ty,Flori a By: hane Cori:-In,City Manager DATED:t /?/2L RECIPIENT INFORMATION Name:Olly of Atlantic Beach Conlact:Stephen Swann.PE Telephone;(904)247—5a74 FAX:(904)247-5843 Evhail:sswan@coab.us Federal Tax Identi?cation Number:59-6000267 Data Universal NuInberin<_:|System (DUNS Number):081944514 Central Contractor Registration (OCH Nurnber):‘lQ4S0 [The slgnature page of the Cliy cl Jacksonville shall immediately Iollow lhls 20 Agenda Item #8.C.13 Jun 2022Page 71 of 134 A'|'I'EST:CITY OF JACKSONVILLE,a c o n s o li d a t e d political /s bdivisicn and mu nici pal By:).{..L§/If?amesR.cCai .Jr. corporati n sting under the ofme Lenn§/Ourryhj/is or Corporation Secretary DATED:I In.w -imp:,- iii»..ubitii Encumbrance and funcling information ior internal City use:i ., Mn!.. 1 («I V.i.-.;Z‘ Ui!) —I) 71 I.»I\i7;iPurchaseOrderNumber: Amount $97,500.00 This above-stated amount is the maximum fixed monetary amount of the foregoing It shall not be encumbered by the foregoing Contract.It shall be encurnbered by one ormore subsequently issued purchase orcier(s)that must reference the foregoing Contract.Iinan clalexaminationsandfunciscontrolcheckingwillbemadeatthetimesuchpurchaseare issued. In accordance with Section 24.‘i03(e),of iho Jacksonviile Ora’/nance Code.I do her eby certify that there is an unexpended,unencumbered and unlrnpounded balance in the ap pr op ri ati on sufficient to coverthe foreolng Contract;provided,however,that this certification isnotnor shall it be interpreted as an encumbrance of funding under this Contract.Actual encurnbrence(s)shall be made by subsequent purchase ordenfs),as specified in said C on tr ac t. </ Directo of Finance cuyco lracttt jmj 3’-If —.;>i FORM APP ROVED: / By:'i , Ice of n ral Counsel O:\FInurIce .5 CoInpIiance\Legelvconlre-:ls\2020-202HOGC Final Approved\2020-2021 cueo PFI Cunirncl ——Olly oi enact» FIN/\L.doc Go-~mo6755—v4—r=Y2o-2|cues (|"F1)_Cor1lI{Icl_—_CiIy ,ol_AKinnl|c_Bcnz:II (2O2()AZ4G).duc 2|Agenda Item #8.C.13 Jun 2022Page 72 of 134 LIST OF CONTRACT ATTACHMENTSAND EXHIBITS Attachment A-1 Attachment A-2 Attachment A-3 Attachment B-1 Attachment B-2 Attachment B-3 Attachment C Attachment D Attachment E Scope of Services Special Requirements CDBG Real Property Use Standards Financial Procedures -Budget Disbursement Request Form Conditions Precedent to City's Disbursements Monthly Status Report indemnification insurance Requirements 22 Agenda Item #8.C.13 Jun 2022Page 73 of 134 ATTACHMENT A-1 Scope of Services SCOPE OF SERVICES: During the term of this Contract,Recipient agrees to: 1.Maintain documentation that ensures eligibilitycompliance with the national objective of the Community Development Block Grant (“CDBG”)program.This Project is an eligible public facility improvements activity under 24 CFR 570.201(c)and qualifies under the Low-Moderate Area (“LMA”)national objective.Recipient agrees to use the CDBG funds provided hereunder to construct and/or install or to cause to be constructed and/or installed,certain improvements to public facilities,streetscape beautification improvements,and to make improvements to Donner Park located at 2072 George Street,Atlantic Beach,Florida 32233 as more particularly described in Recipient’s Grant Request dated January 27,2020.Donner Park is located in Census Tract 0139.02 and will be a direct benefit to a targeted group of residents,of which at least 51%LMA. Use the CDBG funds for preparation,resurfacing,and striping of one (1)existing basketball court in Donner Park. Use the CDBG funds for the construction of a splash park in Donner Park. Use the CDBG funds for parking improvements including demolition and tree removal, site preparation,drainage system modifications,‘subgrade and pavement,striping, fencing,landscaping,and construction of a five (5)foot sidewalk in Donner Park. During the term of this Contract Recipient shall: a.Submit copies of all required approved building permits for the construction of the Project to the City; b.Conduct and submit to routine progress inspections through completion of the Project at a frequency to be determined by the City;- c.Submit partial and final lien releases for the Project to the City; d.Provide a “Notice to Proceed”to contractor for construction/installation of the Project;and 23 Agenda Item #8.C.13 Jun 2022Page 74 of 134 ATTACHMENTA-2 Special Requirements SPECIAL REQUIREMENTS A.Recipient shall include in all advertisements or promotions of the Project a statement that “whole or partial funding of the project is supplied by the City of Jacksonville,Community Development Block Grant program”or wording to that effect.Construction projects shall include a sign indicating that “whole or partial funding is supplied by the City of Jacksonville’s,Community Development Block Grant program”or wording to that effect. Specifications for the sign shall be supplied by the City. Recipient shall adhere to the CDBG Real Property Use Standards,attached hereto as Attachment A-3. Pursuant to 24 CFR 570.505,during the life of the Contract and for at least five (5)years thereafter,the use of property acquired or improved using CDBG funds in excess of $25,000.00 cannot change without meeting a national objective.if a national objective is not met,Recipient must reimburse the City the current fair market value of the property minus any prorated share attributable to non-CDBG funding.The use of the property cannot be changed without citizen notification and opportunity to comment on any proposed change and whether the change of use meets a national objective. The following federal labor standards and Section 3 requirements of the Housing and Urban Development Act of 1968 (“Section 3”)shall be followed for construction contracts covered by these provisions: 1.Section 3 and Federal Labor Standards contract provisions will be provided to Recipient by the City and shall be included in Recipient’s bid specifications for the Project. 2.Recipient’s bid specifications and procurement policy must be reviewed by the City before the Project is advertised.The selected contractor shall perform all work in accordance with the specifications. a)Recipient’s bid specifications and procurement policy shall be submitted,for review and approval by the City of Jacksonville prior to project advertised for solicitation of invitation for Bid (“|FB”).The submittal must be in accordance with federal regulations as indicated in the RFP Project Manual Review Checklist. Recipient must receive an approved Project Manual Review Checklist from the scope,Section 3 and Davis-Bacon wage requirements.b)All bid proposals must include the required Section 3 documentation,pricing forlabor,materials,profits,overhead,supplies,equipment,permits,fees (includingwaterlsewer),architecture,engineering and other components necessary for thesuccessfulandtimelycompletionoftheProject.24 Agenda Item #8.C.13 Jun 2022Page 75 of 134 ATTACHMENT A-2 Special Requirements [continued] c)Contractors and subcontractors shall perform all work in accordance with the specifications as outlined in the IFB to include any or all addendums as presented.No material changes or alterations in the description of work or price shall be made without a prior written order signed by the architect/engineer,the owner,the City of Jacksonville Project Manager,and Contractor. 3.Contractors and subcontractors are required to be certified by the City of Jacksonville as eligible to participate in federally-assisted construction projects prior to the contract award. 4.All participating contractors and subcontractors are required to attend a pre-construction meeting during which they will be advised of their obligations to comply with the statutes and regulations that govern the use of federal funds for construction. 5.Recipient and the primary contractor shall ensure all subcontractors submit weekly payrolls.Recipient shall also maintain weekly payroll records.Allpayroll records shall be forwarded to the City no later than seven (7)days after each work week is completed. 6.Recipient and the primary contractor shall ensure the Section 3 clause is included in all subcontracts. E.Recipient shall include in all audit submissions a Catalog of Federal Domestic Assistance (CFDA)number 14.218 and Federal Grant Coding Number B-20-UC-12-0017.Funded agencies using federal sources and required to use these numbers to meet additional audit requirements. 25 Agenda Item #8.C.13 Jun 2022Page 76 of 134 ATTACHMENTA-3 CDBG Real Property Use Standards I.Recipientshall adhere to the following Real Property Use Standards below: 24 CFR 570.505 Use of Real Property. The standards described in this Section apply to real property within Recipient's control that was acquired or improved,in whole or in part,using CDBG funds in excess of $25,000.00.These standards shall apply from the date CDBG funds are first spent for the property until five (5) years after closeout of Recipient's participation in the entitlement CDBG program or,with respect to other recipients,until five (5)years after the closeout of the grant from which the assistance to the property was provided. (a)Recipient may not change the use or planned use of any such property (including the beneficiaries of such use)from that for which the acquisition or improvement was made unless Recipient provides affected citizens with reasonable notice of,and opportunity to comment on,any proposed change,and either: (1)The new use of such property qualifies as meeting one of the national objectives in 24 CFR 570.208 (formerly §570.901)and is not a building for the general conduct of government;or (2)The requirements in paragraph (b)of this Section are met. (b)If Recipient determines,after consultation with affected citizens,that it is appropriate to change the use of the property to a use which does not qualify under paragraph (a)(1)of this Section,it may retain or dispose of the property for the changed use if Recipient reimburses to the City CDBG funds in the amount of the current fair market value of the property,less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of,and improvements to,the property. (c)if the change of use occurs after closeout,the provisions governing income from the disposition of the real property in 24 CFR 570.504(b)(4)or (5),as applicable,shall apply to the use of funds reimbursed. (d)Following the reimbursement of the CDBG funds received for the Project in accordance with paragraph (b)of this Section,the property will no longer be subject to any CDBG requirements. ll.The above Real Property Use Standards shall survive the termination of this Contract.lf shall reimburse to the City CDBGaccordancewiththeprovisionsof24CFR570.505(b).26 Agenda Item #8.C.13 Jun 2022Page 77 of 134 ATTACHMENT B-1 Financial Procedures -Budget FINANCIALPROCEDURES BUDGET: Recipient shall adhere to the following budget in the administration of this Contract. I.Capital lm rovements ExpendituresiCityofAtlanticBeach—Donner Park , a.Prep,resurface &stripping of existing basketball court $5,250.00 b.Splash Park $43,000.00 c.Parking Improvements $49,250.00 Total Capital Improvement Expenditures $97,500.00 ll.Supplemental Costs 1 Matching Funds $91,000.00 ln-Kind Contributions P $0.00 Total Supplemental Costs $91,000.00 Total CDBG Funds $97,500.00 Total Project Costs '$188,500.00 27 Agenda Item #8.C.13 Jun 2022Page 78 of 134 ATTACHMENT B-2 Disbursement Request Form DISBURSEMENTREQUEST FORM Name:City of Atlantic Beach Request # Address:800 Seminole Road Contract# Atlantic Beach,Florida 32233 Project# Phone#(904)247-5874 Date Submitted:20__ Tax lD #2 59-6000267 1.Contract funds received to date:$ 2.Contract funds disbursed to date:$ 3.Contract funds previously requested but not yet received:$ 4.Amount of this request $ U Amount Amount of Remaining Line Item &Description Budget Received to Date this Request Balance Donner Road Improvements $97,500.00 |I TOTAL $97,500.00 ' Comments: I certify that the data reported above is correct and the amount of the cash requested does not exceed current needs. Print Name:Title:28 Agenda Item #8.C.13 Jun 2022Page 79 of 134 ATTACHMENTB-3 Conditions Precedent to City’s Disbursements CONDITIONSPRECEDENTTO ClTY’SDISBURSEMENTS I.METHOD OF PAYMENT A.Reimbursement Unless otherwise stated,all Contract funds will be released on a reimbursement basis. Disbursement Request Forms (Attachment B-2)may be submitted no more often than monthly and Recipient may not request disbursement until such time as there is a need for reimbursement of eligible costs.No disbursement shall be made until the operating expenses are incurred and reimbursement requests have been approved by the City of Jacksonville.The time period for the City to process the disbursement request from submission of the request to availability of a check is approximately ten to fifteen business days. The City’s obligation to fund the disbursements to Recipient for the Project shall be limited to expenses incurred by Recipient on or before September 20,2022,and the City’s obligation to make disbursements to Recipient for the project shall end sixty (60)days thereafter. B.Reguired Documentation Payment requests must be accompanied by closing statements,receipts,cancelled checks, bank statements corresponding with cancelled checks,invoices,written bids,phone quotes and any other reasonable and legible documents to support the expenditure and amount of payment requested as may be deemed appropriate by the City in the City’s sole discretion together with any Section 3 documentation required by the City pursuant to this Contract. Requests for reimbursement of wages,salaries and fringe benefits must include copies of employee time sheets,demonstrating the number of hours worked per day and per week.Each time sheet must be signed by the employee and his or her supervisor.if a full-time employee is paid partially with CDBG funds,a time distribution sheet reporting the number of hours spent working on CDBG projects and on other non-CDBGprojects must be submitted.Allrequests for reimbursement of salary,wages and fringe benefits must be accompanied by a copy of the paycheck. Payment requests for reimbursement of mileage must be accompanied by a log that identifies the employee,“from”where he or she traveled,“to”location,“number of miles”,beginning and ending “odometer readings”and “purpose of trip.”The mileage log must be signed by the Recipient’s failure to provide the City with the above required documentation to receive paymentunderthisContractshallresultinadenialofRecipient’s payment request and shall constitute amaterialbreachofthisContract.C.Procurement»The requirements of Article Vlll of this Contract outline the required procurement proceduresanddocumentationforpurchases.Items not specifically identified in this Contract will not bereimbursedwithCDBGfunds.29 Agenda Item #8.C.13 Jun 2022Page 80 of 134 ll.ADDITIONALPROVISIONS A.Maximum Amount.To the extent that construction is involved: Provided that Recipient has performed all obligations of Recipient when due,and in compliance with the terms and conditions of this Contract,the City shall make disbursements to Recipient for the Direct Costs of the improvements,up to the maximum amount of the grant funds awarded pursuant to this Contract and in accordance with the CDBG regulations.However,in no event shall the City be obligated to make any disbursements in excess of the “Verified improvements Costs”defined below.For purposes of this Contract,the term “Direct Costs"shall mean the direct construction costs actually incurred and paid by Recipient in connection with the construction of the improvements in accordance with,and as itemized in,the approved Budget. The term “Verified improvements Costs”shall mean the aggregate amount of the Direct Costs, as certified by the City lnspector-pursuant to the terms of this Contract. B.Deficiency. 1.Deficiency as to improvements Funding.if construction is involved and for any reason the City determines,in its sole discretion,that the actual cost to complete the improvements exceeds the amount of the proceeds then not disbursed,the City may require Recipient to fund the costs of the improvements without reimbursement or any further disbursements from the City until such deficiency no longer exists.At the City’s option,no disbursements shall be made until Recipient has fully complied with this requirement. 2.Deficiency of Project Funding.if construction is involved and for any reason the City determines,in its sole discretion,that the actual cost to complete the Project exceeds the amount of funding then available to Recipient,then the City may require Recipient to fund the costs of the Project without reimbursement or any further disbursements from the City until such deficiency no longer exists.At the City’s option,no disbursements shall be made until Recipient has fully complied with this requirement. C.City lnspector. If construction is involved,the City shall have the right to retain,at Recipient's sole cost and expense,an inspector to act as a consultant to the City (the “City lnspector”)in connection with the grant and the construction of the Project,to review and advise the City with respect to all matters related to the design,construction,operation and use of the Project,to monitor the progress of construction,and to review disbursement requests and permitted change orders expenses of the City lnspector shall be due and facilities commonly made available by contractors for the inspection of construction projects andaffordfullandfreeaccessbytheCityandtheCityinspectortoalldocumentsrequested.Recipient acknowledges that (a)City lnspector has been retained by the City to act as aconsultant,and only as a consultant,to City in connection with the construction of the Project,(b)the City lnspector shall have no power or authority to make any decision or to give any'approval or consent or to do anything which is binding uponthe City and any such purporteddecision,approval,consent or act by the City Inspector onbehalf ofthe City shall be void and ofnoforceoreffect,(c)the City reserves the right to make any and all decisionsrequired to bemadebytheCityunderthisContract,in its sole and absolute discretion,without,in any30 Agenda Item #8.C.13 Jun 2022Page 81 of 134 instance,being bound or limited in any manner whatsoever by any opinion expressed or not expressed by the City inspector to the City or to any other person,and (d)the City reserves the right,in its sole and absolute discretion,to replace the individual serving as the City inspector at any time and without prior notice to or approval by Recipient. D.Disbursement Procedures. All disbursements shall be made from time to time upon written application of Recipient pursuant to a disbursement request.Recipient shall submit disbursement requests to the City no more frequently than monthly,covering work performed since the prior disbursement request.Each disbursement request shall constitute a representation and warranty by Recipient to the City that:(a)the work performed and the materials supplied as of the date thereof are in accordance with the Construction Documents,this Contract and the Budget,(b)the work and materials for which payment is requested have been physically incorporated into the Project improvements,(c)the value is as stated,(d)the work and materials conform with all applicable rules and regulations of the public authorities having jurisdiction,~(e)payment for the items described in such Disbursement Request (as defined below)has been made by Recipient (or,at the option of the City,will be made by the City directly to the provider of the service),(f)such Disbursement Request is consistent with the Budget,this Contract,and the Housing and Community Development Division’s Consolidated Plan,and (g)no event of default or event which,with the giving of notice or the passage of time,or both,would constitute an event of default has occurred and is continuing. E.Reguests for Disbursement. For each request for a disbursement,Recipient shall submit to the City a completed written Disbursement Request Form as provided in Attachment B-2 (each,a “Disbursement Request”),together with a check in the amount of the inspection fee set forth in Section |l.F. hereof,if required by City.In each Disbursement Request,Recipient shall certify and describe in detail reasonably acceptable to the City:(a)the cost of the labor that has been performed and the materials that have been incorporated into the improvements,(b)the amount actually paid by Recipient for such labor and materials and (c)the amount Recipient is seeking pursuant to the Disbursement Request.Recipient shall attach to each Disbursement Request such invoices, receipts and other documents required by the City evidencing that the costs and expenses were actually incurred and paid for by Recipient and were expended on and pertain to the improvements. F.inspection. If construction is involved,upon receiving each Disbursement Request,the City lnspector shall (a)whether the work completed as of the date of such Disbursement Request has the Budget,(b)the percentage of construction of the improvements and the Project completedasofthedateofsuchDisbursementRequest,(c)the Direct Costs actually incurred for work inplaceaspartoftheimprovementsasofthedateofsuchDisbursementRequest,(d)the actualsumnecessarytocompleteconstructionoftheimprovementsandtheProjectinaccordancewiththeConstructionDocuments,this Contract and the Budget,and (e)the amount of time fromthedateofsuchDisbursementRequestthatwillberequiredtocompleteconstructionoftheimprovementsandtheProjectinaccordancewiththeConstructionDocuments,this ContractandtheBudget.At the City's option,Recipient shall pay an inspection fee in the amount of TwoHundredandFiftyDollars($250.00)to the City upon submission of each Disbursement Request31 Agenda Item #8.C.13 Jun 2022Page 82 of 134 to cover the cost of the City inspector engaged by the City to inspect the progress of the Project. Allinspections by or on behalf of the City shall be solely for the benefit of the City,and Recipient shall have no right to claim any loss or damage against the City or the City lnspector arising from any alleged (x)negligence in or failure to perform such inspections,(y)failure to monitor disbursements or the progress or quality of construction,or (2)failure to otherwise properly administer the grant. G.Conditions to Disbursements. 1.General Conditions.The City shall have no obligation to make any disbursement (a) unless the City is satisfied,in its sole and absolute discretion,that each and every condition precedent to the making of such disbursement has been satisfied or (b)if an event of default or an event that with the giving of notice or the passage of time,or both, would constitute an event of default,has occurred or is continuing. 2.Conditions to initial Disbursement.if construction is involved,the obligation of the City to make the initial disbursement is conditioned upon the occurrence of each of the "following: (a)Recipient shall have provided to the City,in form and substance satisfactory to the City,evidence showing that the income eligible client holds title to the real property upon which Recipient willconstruct the Project and improvements,and Recipient has caused the execution,recording and delivery of the security documents (Ql'IOl'to recording any Notice of Commencement). (b)Recipient shall have provided to the City,in form and substance satisfactory to the City,evidence that Recipient has applied for and has obtained,or is pursuing and will obtain,all governmental approvals and consents required for the construction of the Project. (c)Recipient shall have provided to the City proof of insurance coverage as required in this Contract. (d)Recipient shall have submitted to the City a Disbursement Request,along with‘all other informationand documentation required pursuant to Section l|.E.herein. (e)Recipient shall have provided to the City,in form and substance satisfactory to the City,each document,certificate and instrument required from Recipient under this Contract. (f)The City shall have received a satisfactory inspection report from City Inspector (g)Recipient shall have provided to the City,in form and substance satisfactory to theCity,an updated budget showing the amount of money actually spent by RecipientonparticularitemsandtheremainingcostsoftheimprovementsandtheProject;and(h)Recipient shall have provided to the City,in form and substance satisfactory to theCity,any such other document,instrument,information,agreement or certificate theCitymayrequire.32 Agenda Item #8.C.13 Jun 2022Page 83 of 134 3.Subseguent Disbursements.The City's obligation to make subsequent disbursements is 3. conditioned upon the occurrence of each of the following: (a)Recipient shall have submitted to the City a Disbursement Request Form,along with all other information and documentation required pursuant to Section ll.E.herein; and (b)Recipient shall have provided to the City,in form and substance satisfactory to the City,each document,certificate and instrument required from Recipient under this Contract;and (c)The City shall havereceived a satisfactory inspection report from the City Inspector pursuant to Section ll.F.herein;and (d)Recipient shall have provided to the City,in form and substance satisfactory to the City,an updated budget showing the amount of money actually spent by Recipient on particular items and the remaining costs of the improvements and the Projects; and (e)Recipient shall have provided to the City,in form and substance satisfactory to the City,any such other document,instrument,information,agreement or certificate the City may require. Conditions to Final Disbursement.The obligation of the City to make the final disbursement is conditioned upon the occurrence of each of the following: (a)Recipient shall have completed each of the items set forth in subsection |l.G.3. herein;and (b)Recipient shall have provided to the City,in form and substance satisfactory to the City,a final “as-built”survey in compliance with the requirements of this Contract; and (c)Recipient shall have provided to the City,in form and substance satisfactory to the City,evidence that Recipient has procured an “all-risk”hazard insurance policy;and (d)Recipient shall have completed each of the Project’s completion conditions set forth in this Contract. 33 Agenda Item #8.C.13 Jun 2022Page 84 of 134 ATTACHMENTC Monthly Status Report MONTHLYSTATUS REPORT To:Housing &Community Development Division Contract No. 214 North Hogan Street,77”Floor Report No. Jacksonville,Florida 32202 Project No. Recipient:City of Atlantic Beach,Florida Project:Donner Park improvements Report Period:to Date Submitted: Person Filling Out Report: PROGRESS REPORT:Describe progress to date on the following: 1.Maintaining documentation that ensures eligibility compliance with the national objective of Community Development Block Grant (“CDBG”)program.This Project qualifies under the Low- Moderate Area National Objective.Recipient agrees to use the CDBG funds to improve recreational opportunities for disadvantaged children in a predominately low-income area,certain improvements to public facilities,streetscape beautification improvements,and park improvements to Donner Park located at 2072 George Street,Atlantic Beach,Florida 32233 Current Month Percentage Complete_tYear-to-Date Percentag_gCom_p|ete 2.Us'ng CDBG funds for prepping,resurfacing,and striping of one (1)existing basketball court in Donner Park. Currenttllllonthj t H Year-to-Date_ N CDBG Funds Spent t“Percentage.Comp|ete“"Percentage Complete T.Year-to-Date A l T l 3.Using CDBG funds for the construction of splash park in Donner Park. ~ ‘..Percenta_ge‘Comp_|ete C5.PercentageICompleteI .iiY_éareto-Datei xi and construction of a five (5)foot sidewalk in Donner Park.CurrentMonth C Year-to-Date ,CDBGFunds,SpentPercentageCompletePercentageCompleteYear-to-Date34 Agenda Item #8.C.13 Jun 2022Page 85 of 134 ATTACHMENT C Monthly Status Report [continued] include copies of meeting notes,brochures,programs,promotional materials,or other information pertinent to the Contract. HOW FUNDS WERE SPENT: Copies of all canceled checks and bank statements during the report period must be attached to the monthly report to verify the payment of previously submitted invoices and billings.Account for all checks,including any voided checks. SUPPLEMENTARY SUPPORT: Please describe matching and in-kind contributions received during this report period: ADDITIONALCOMMENTS: I certify that to the best of my knowledge the data reported herein is true and correct. Sig ned:Date: Title:Agenda Item #8.C.13 Jun 2022Page 86 of 134 ATTACHMENTD Indemnification INDEMNIFICATION Recipient shall require its contractors and subcontractors providing work under this Contract (“lndemnifyingParties”)to agree to hold harmless,indemnify,and defend the City of Jacksonville and the City’s members,officers,officials,employees,and agents (collectively,the “|ndemnified Parties”)from and against,without limitation,any and all claims,suits,actions, losses,damages,injuries,liabilities,fines,penalties,costs and expenses of whatsoever kind or nature,which may be incurred by,charged to or recovered from any of the foregoing Indemnified Parties for: 1.General Tort Liability.For any negligent act,error or omission,recklessness,or intentionally wrongful conduct on the part of the Indemnifying Parties that causes injury (whether mental or corporeal)to persons (including death)or damage to property,whether arising out of or incidental to the Indemnifying Parties’performance of the Contract,operations,services or work performed hereunder;and 2.EnvironmentalLiability.To the extent this Contract contemplates environmental exposures,arising from or in connection with any environmental,health and safety liabilities, claims,citations,clean—upor damages whether arising out of or relating to the operation or other activities performed in connection with the Contract;and 3.Intellectual Property Liability.To the extent this Contract contemplates intellectual property exposures,arising directly or indirectly out of any allegation that the Services,any product generated by the Services,or any part of the Services as contemplated by this Contract,constitutes an infringement of any copyright,patent,trade secret or any other intellectualproperty right.If in any suit or proceeding,the Services,or any product generated by ’ the Services,or any part of the Services,is held to constitute an infringement and its use is permanently enjoined,the Indemnifying Parties shall,immediately,make every reasonable effort to secure within sixty (60)days,for the indemnified Parties a license,authorizing the continued use of the disputed part of the Service or product.If the Indemnifying Parties fail to secure such a license for the indemnified Parties,then the Indemnifying Parties shall replace the disputed part of the Service or product with a non—infringingService or product or modify such Service or product in a way satisfactory to the Indemnified Parties so that the Service or product is non-infringing. If an Indemnifying Party exercises its obligations under this Contract,the Indemnifying Party will:(1)provide reasonable notice to the Indemnified Parties of the applicable claim or liability,and (2)allow Indemnified Parties,at their own expense,to participate in the litigation of such claim or liabilityto protect their interests.The scope and terms of the indemnity obligations herein described are separate and apart from and shall not be limited by any insurance provided Contract.If any portion of the scope or terms of this indemnity is in derogation of Section 725.06 orI725.08,Florida Statutes,all other terms of this indemnity shall remain in full force and effect.Further,any term which offends Section 725.06 or 725.08,Florida Statutes,will be modified tocomplywiththestatutes.36 Agenda Item #8.C.13 Jun 2022Page 87 of 134 ATTACHMENT E Insurance Requirements INSURANCEREQUIREMENTS Without limiting its liability under this Contract,Recipient shall at all times during the term of this Contract procure prior to commencement of work and maintain at its sole expense during the life of this Contract (and Recipient shall require its,contractors,subcontractors,laborers, materialmen and suppliers to provide,as applicable),insurance of the types and limits not less than amounts stated below: Insurance Coverages Schedule Limits Workers’Compensation Florida Statutory Coverage Employer’s Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Each Employee/Disease This insurance shall cover Recipient (and,to the extent they are not otherwise insured,its contractors and subcontractors)for those sources of liability which would be covered by the latest edition of the standard Workers’Compensation policy,as filed for use in the State of Florida by the National Council on Compensation insurance (NCCl),without any restrictive endorsements other than the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03),those which are required by the State of Florida,or any restrictive NCCI endorsements which,under an NCCI filing,must be attached to the policy (i.e.,mandatory endorsements).in addition to coverage for the Florida Workers’Compensation Act,where appropriate,coverage is to be included for the Federal Employers’Liability Act,USL&H and Jones,and any other applicable federal or state law. Commercial General Liability $2,000,000 General Aggregate $2,000,000 Products &Comp.Ops.Agg. $1,000,000 W Personal/Advertising Injury $1,000,000 Each Occurrence $50,000 Fire Damage $5,000 Medical Expenses Such insurance shall be no more restrictive than that provided by the most recent version of the standard Commercial General Liability Form (ISO Form CG 00 01)as filed for use in the State of Florida without any restrictive endorsements other than those reasonably required by the can be used to satisfy aboveAutomobileLiability $1,000,000 Combined Single Limit(Coverage for all automobiles,owned,hired or non-owned used in performance of the Services)Such insurance shall be no more restrictive than that provided by the most recent version of thestandardBusinessAutoCoverageForm(ISO Form CA0001)as filed for use in the State ofFloridawithoutanyrestrictiveendorsementsotherthanthosewhicharerequiredbytheStateofFlorida,or equivalent manuscript form,must be attached to the policy equivalent endorsementasfiledwithISO(i.e.,mandatory endorsement).37 Agenda Item #8.C.13 Jun 2022Page 88 of 134 Professional Liability $1 ,000,000 per Claim and Aggregate (including Medical Malpractice when applicable) Any entity hired to perform professional services in connection with this Contract shall maintain professional liability coverage.Such insurance shall be on a form acceptable to the City and shall cover for those sources of liability arising out of the rendering or failure to render the services required in this Contract.Such coverage must be provided on an Occurrence Form or, if provided on a Claims Made Form,the retroactive date must be no later than the first date of this Contract and such claims-made coverage must respond to all claims reported within three years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. Builders Risk/Installation Floater %100 Completed Value of the Project Such insurance shall be on a form acceptable to the City’s Office of Insurance and Risk Management.The Builder’s Risk policy shall include the SPECIAL FORM /ALL RISK COVERAGES.The Builder’s Risk and/or installation policy shall not be subject to a coinsurance clause.It shall include a maximum $10,000 deductible for all claims,other than windstorm and hall.For windstorm and hail coverage,the maximum deductible applicable shall be 2%of the completed value of the Project.Named insureds shall be:Contractor,the City,and respective members,officials,employees and agents,the Engineer,and the Program Management Firm(s) (when program management services are provided).The City of Jacksonville,its members, officials,officers,employees and agents are to be named as a loss payee. Pollution Liability $1,000,000 per Loss $2,000,000 Annual Aggregate Any entity hired to perform services as part of this Contract for environmental or pollution related concerns shall maintain Contractor's Pollution Liability coverage.Such coverage will include bodily injury,sickness,and disease,mental anguish or shock sustained by any person, including death;property damage including physical injury to destruction of tangible property including resulting loss of use thereof,cleanup costs,and the loss of use of tangible property that has not been physically injured or destroyed;defense including costs charges and expenses incurred in the investigation,adjustment or defense of claims for such compensatory damages;coverage for losses caused by pollution conditions that arises from the operations of the contractor including transportation. Pollution Legal Liability $1,000,000 per Loss 1 $2,000,000 Aggregate bodily injury and property damage for losses that arise from the facility that is accepting thewasteunderthisContract.Watercraft Liability $1 ,000,000 PerOccurrence(to the extent watercraft will be utilized in the services of this Contract)38 Agenda Item #8.C.13 Jun 2022Page 89 of 134 Additional Insurance Provisions A.Additional.Insured.All insurance except Workers’Compensation and Professional Liability shall be endorsed to name the City of Jacksonville and City’s members, officials,officers,employees and agents as Additional insured.Additional Insured for General Liabilityshall be in a form no more restrictive than CG201O and CG2037,Automobile Liability CA2048. B.Waiver of Subrogation.All required insurance policies shall be endorsed to provide for a waiver of underwriter’s rights of subrogation in favor of the City of Jacksonville and its members,officials,officers employees and agents. C.Recigient’s insurance Primary.The insurance provided by Recipient shall apply on a primary basis to,and shall not require contribution from,any other insurance or self- insurance maintained by the City or any City members,officials,officers,employees and agents. D.Deductible or Self-Insured Retention Provisions.All deductibles and self-insured retentions associated with coverages required for compliance with this Contract shall remain the sole and exclusive responsibility of the named insured Recipient.Under no circumstances will the City of Jacksonville and its members,officers,directors,employees,representatives,and agents be responsible for paying any deductible or self-insured retentions related to this Contract. E.Recipient’s insurance Additional Remedy.Compliance with the insurance requirements of this Contract shall not limit the liability of Recipient or its contractors, subcontractors,employees or agents to the City or others.Any remedy provided to City or City’s members,officials,officers,employees,or agents shall be in addition to and not in lieu of any other remedy available under this Contract or otherwise. F.Waiver/Estoppel.Neither approval by the City nor failure to disapprove__the insurance furnished by Recipient shall relieve Recipient of Recipient's full responsibility to provide insurance as required under this Contract. G.Certificates of insurance.Recipient shall provide the City with certificates of insurance that show the corresponding City contract number in the description,if known, Additional insureds,as provided above,waivers of subrogation and primary &non-contributory wording.The certificates of insurance shall be mailed to the City of Jacksonville (Attention:Chief of Risk Management),117 W.Duval Street,Suite 335,Jacksonville,Florida 32202. H.Carrier Qualifications.The above insurance shall be written by an insurer holding insurance shall be written by an insurer with an A.M.Best Rating of A-Vll or better.I.Notice.Recipient shall provide an endorsement issued by the insurer to providetheCitythirty(30)days’prior written notice of any change in the above insurance coveragelimitsorcancellation,including expiration or non-renewal;if such endorsement is not provided,then Recipient shall provide a thirty (30)days’written notice of any change in the abovecoveragesorlimits,coverage being suspended,voided,cancelled,including expiration or non-renewal.39 Agenda Item #8.C.13 Jun 2022Page 90 of 134 J.Survival.Anything to the contrary notwithstanding,the liabilities of Recipient under this Contract shall survive and not be terminated,reduced,or otherwise limited by any expiration or termination of insurance coverage. K.Additional Insurance.Depending upon the nature of any aspect of any project and its accompanying exposures and liabilities,the City may reasonably require additional insurance coverages in amounts responsive to those liabilities,which may or may not require that the City also be named as an Additionalinsured. L.Railroad Exposures.Recipient will ensure that any entity performing services as a part of this Contract that requires work upon or beneath the railroad property,tracks,or right- of-way shall,before commencing any such work,and at its expense,procure and carry liability or protective insurance coverage in such form and amounts as each railroad shall require. M.Special Provisions.Prior to executing this Contract,Recipient shall present this Contract and Attachment D and Attachment E to its insurance agent affirming that:1)the agent has personally reviewed the insurance requirements of the Contract documents,and (2) the agent is capable (has proper market access)to provide the coverages and limits of liability required on behalfof Recipient. 40 Agenda Item #8.C.13 Jun 2022Page 91 of 134 Sign #1»-21.05 And rrp—2z4>s '\ —cura Ramp F319 0’Cwb?nmsusmus J ‘[ 494 -Ar '8'1 -c‘"D‘-r 1 f1 ‘;as-mar 1za9'\7‘ar 25‘-0'zr-0‘!:‘i ‘ 1 1 t \n,J§=y 5 =1 . EX|STlNG FENCE TO BE RELOCATED an Inn Tremron 4X8 Erick Paverat Perimeler Turf Block Permeable Paver #59 Granite Stone in Openings.nu0.5-Below Surface 3'S89 Gran?e Bedding 510118 for bending TYPICALTREMROMTURF BLOCKINSTALLATIONWITH 4 X 8 TREMRON ERICK PAVER STRIFING &BORDER ..‘.%COLOR TO BE APPROVED BY PW DEPARTMENT 1 1 ’ E compaaeu5'Aggcegale Ease $57 Stone)n . \ .‘A u.m..w ‘.a ‘.¢4.‘L_.4 5%; compactedsubgmue ‘n ').‘]S‘w=m=3‘,__é ggi TYPICALINSTALLATIDN "«J "4 'I ‘”"""‘“” V , '':§ ‘N'r:mbL"ly:ms -v_—us.a.,g..a..........a.. TREMRON TURF BLOCK PAVER Agenda Item #8.C.13 Jun 2022Page 92 of 134 L.l1|l|lnlvvE.3..;5§§z.553.........i§.I:1...E?E:u........2E:2_.u.23;zozzosma‘x»lW........e_..§,I!.25.......5.hw.r.r.Er_:..l..x..sa§...E:..._...n._s...<sz_u D-1 unto‘; 1:-u-an-at Agenda Item #8.C.13 Jun 2022Page 93 of 134 Lti.|=§_:__.z_=:35;..!z.!.....‘‘xz»m_zu>xns_uz_=z<n?=:.§..:.._..«‘wzo»s_.._am..n..x\§.1.........z_....s.§..2..§§.:5....__§_:...5 >_._ wuus aces °""“"“‘"'TYPICAL secnon (LOOKING NORTH) ma.mnJ —>[ éeaés STREET 1:1 ms Agenda Item #8.C.13 Jun 2022Page 94 of 134 CITY OF ATLANTIC BEACH CITY COIVIIVIISSICJN MEETING STAFF REPORT AGENDA ITEJVI:Resolution No.22-39 to approve the Quote submitted by Gruhn line. for the Pine Street Storrnwater Rernediation Project,under Bid 20 2 I»04: lVlull:i»Year Contract For Utility contractor Services SUBIVIITTED BY:Scott Williams,Public Works Director Steve Swann,City Engineer TODAY’S DATE:May 27,2022 MEETING DATE:June 13,2022 BACKGROUND:Much of the saltair Subdivision was built on low lying lands w it h poorly drained soils.In sorne areas ofsaltair,this has resulted in a high watel"table and poorly yards. One such area is the Vvest side of‘the northern halfof Pine Street between David Street Seaspra yAvenue.The from yards oftl-le homes in this area were perpetually wet as was the pavement sub- base.which can shorten the life expectancy of the roadway.A number of years ago.the Works constructed a s\va|e along the street from 266 David Street to 298 David Street to route stor mw aterrunoffandgroundwaterseepagetoHowellPark.This swale has helped in keeping tyardsand roadway sub-base dry,but they are narrow and deep and require a lot 0F maintenance. To remedy this situation,Public works is proposing to install an underdrain in the swale an d replace several deteriorated driveway culverts.'I‘l1e swale will be ?lled in eliminating a rnainI.enal1ce andsafety issue.A graphic ofthc proposed xvork is attached as Exhibit A. Staf‘F requested quotes rrom the three vendors currently under contract with the City unde r Bid202l- 04:lVlulti»Ycar Contract For Utility contractor services.Quoted prices received were as f o l l o Gruhn May,lne..l.D.Hinson Cornpany The Kenton Group,a. k .a . Baldwin's Quality Pl ur nb in g $40.228.40 $228.632.08 $46,750.00 BUDGET:Adequate funding is available in the current Fiscal Year in the Storrnwater Account 470—00OO—538—3400 for “Other Contractual Services.” RECOMMENDATION:App|'ove the Quote submitted by Gl'Lll1n May,Inc.in th e amo unt of $40,228.40,and authorize the City l\/lanager to approve a Purchase order. ATTACHl\/IENTS:Quotes ?'on1 Ciruhn l\/lay,J.D.l-iinsorl.and I3aldwirl’s Quality Plu rnbi rlg Exhibit A —Ciraphic or Proposed Work / REVIEWED BY CITY IVIANAGER:L Agenda Item #8.D.13 Jun 2022Page 95 of 134 RESOLUTION NO.22-39 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,APPROVING THE QUOTE SUBMITTED BY GRUHN MAY,INC.FOR THE PINE STREET STORMWATER REMEDIATION PROJECT,UNDER BID 2021-04:MULTI—YEAR CONTRACT FOR UTILITY CONTRACTOR SERVICES;AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE ORDER IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE WHEREAS,much of the Saltair Subdivision was built on low lying lands with poorly drained soils,and in some areas of Saltair,this has resulted in a high water table and poorly drained yards;and WHEREAS,one such area is the west side of the northern half of Pine Street between David Street and Seaspray Avenue.The front yards of the homes in this area were perpetually wet as was the pavement sub-base, which can shorten the life expectancy of the roadway;and WHEREAS,a number of years ago,the Public Works constructed a swale along the street from 266 David Street to 298 David Street to route stormwater runoff and ground water seepage to Howell Park.This swale has helped in keeping the yards and roadway sub-base dry,but they are narrow and deep and require a lot of maintenance;and WHEREAS,to remedy this situation,Public Works is proposing to install an underdrain in the swale and replace several deteriorated driveway culverts.The swale will be ?lled in eliminating a maintenance and safety issue;and WHEREAS,staff requested quotes from the three vendors currently under with the City under Bid 2021- O4:Multi-Year Contract for Utility Contractor Services;and 0 WHEREAS,the lowest quote received was from Gruhn May,Inc.,in the amount of $40,228.40;and WHEREAS,adequate funding is available in the current Fiscal Year in the Stormwater Account 470- 0000-53 8-34.00 “Other Contractual Services.” NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves the Quote submitted by Gruhn May,Inc.in the amount of $40,228.40 for the Pine Street Stormwater Remediation Project; SECTION 2.The City Commission hereby authorizes the City Manager to approve a Purchase Order to said vendor in the amount of $40,228.40; SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13"‘day ofJune,2022. Ellen Glasser,MayorAttest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.D.13 Jun 2022Page 96 of 134 EXHIBIT A —GRAPHIC OF PROPOSED VVORK PINE STREET STORIVJVVATER REl\/IEDIATION PROJECT 5‘GRINDASE-HALTTO ‘ I N s‘ r A L L ADS ' GR ATE INLET 'L!l TN§fA‘LL - 2 0 0 FT1"Ros PERFORATED PIPEWISOCK REMGE CABBA G A L NI " iNs‘r 1 2"Es GRATE mua-r ,— R’E‘(>LAcALL I’:'SIi1vEwAv 3.APRONS H ONNEET2 >(’|'ST|NG ‘ » -CLEAN SEDINIENT FROM AND 4"PVC DRAIN PIPES ' ‘ BACKFILL VVI CLEAN SAND TO INLET ; -ST.AGUSTINE SOD ON A L L DI STU REED AREAS Agenda Item #8.D.13 Jun 2022Page 97 of 134 5/23/2022 Job Cost Details Gruhn May,Inc. 6897 Philips Parkway Dr.North Job Name:Pine St Storm Drain Jacksonville,Florida 32256 A.B.PO #Pending (904)262-9544 Fax 268-0679 G.M.Job #Estimate Date of Completion: Attention Matt Krug ?temDescription Qty.UM Unit Cost Materlall [Equipment Hours Rate Totall ‘l2"ADS perf wlsock 200 If $27.30 $5,460.00 backhoe 24 $40.00 $960.00l112"PVC inlet 3 ea $1 ,038.70 $3.1 16.1 0 loader 20 $45.00 $900.00! H tea :0 er:$1 rdumptruck 16 $45.00 filldirt (COAB)20 cy $0.00 $0.00 7 $0.00 sod 1500 sf $0.91 $1,365.00 $0.00 concrete 10 cy $370.50 $3,705.00 ‘$0.00 lgrout 1 Is $71.50 $71 .50 it Equip.Total $2,58o.ooE lfast plug 2 ea $68.90 $137.30 , £12"hole core 1 ea $505.00 $535.00 Labor 3 $0.00 $0.00 Regular 60 $300 .00 $1 8,000.00 3 03::3-22..a or ota ,0.00 l $0.00 $0.00.v $0.00 $0.00 Subcontractor $0.0oE .Material Total $15,532.40 l Sub total $20,580.00l Matt, Provide &lnstaIl the 12"pipe from the intersection south to the property lcategory Totals line of 274 &266.We willconnect to the pipe under both of those lmaterial $15,532.40 driveways and install the inlets as shown on the drawing and connect §Labor $18,000.00 to the existing inlet at the intersection.Equipment $2,580.00 Sub.$0.00 ioverhead20%'L&E $4.1 16.00 Eylgllilization $0.00 iGrandTotal $40,228.40 State License CUCO43134 Agenda Item #8.D.13 Jun 2022Page 98 of 134 i?igunununga \~ 2m:Ann_InAn2nA! lrsu unsan-um? Mnalnlzxuou mov anosuau coNtRnL :|.=AluNa Ann mm-awe aoM:azrE nanny». anmv AIPHALT AT nus!’ 12-Ann anon":nmsr ax»:Ans ‘vs: «=-Ans pan»an-ewxm ac-ca Rsnunca eanc nR|v:wAV nevus:nnIvEwAv cun.vs=n-mu Anion ::L:Au urrcrllwn uaxnu mm sum 31'Auo ion Au.ntsrurwen AREA 1 1 1 1 Duo 1 J 5 an 5 rurbum-w-wqmluMmumvuu Agenda Item #8.D.13 Jun 2022Page 99 of 134 Baldwin'sQuality Plumbing 9556 HistoricKings Road South,Sulte312 Jacksonville,FL 32257 (904)80543660 rhonda@baldwinsplumblng.com wvvw.baldwinsplumbing.com ESTIMATE#2295ADDRESSDATE02/17/2022 City of Atlantic Beach,Florida 800 Seminole Road AtlantlcBeach,FL 32233 t :».?<§_ii 5 46,750.00 g GommerclalLabor 1 46,750.00 Install200'of ADS perforatedpipe with sock and associated?ttings,restoration to include concrete driveways apron replacement as outlinedin option 1 of aria!viewplan provided Please review the attachedestimate.It you have any questtons,TOTAL please do not hesitate to call. Thank you for the opportunityto serve you. Yours sincerely Terence McKenzle On behalfat Baldwin'sQualityPlumblng Accepted By Accepted Date Agenda Item #8.D.13 Jun 2022Page 100 of 134 AGENDA ITEIVI: SUBMITTED BY: DATE: MEETING DATE: BACKGROUND: BUDGET: REC()l\/Il\’IENDATI()N: ATTACI-Il\’IENTS : REVIEWED BY CITY NIANAGER: CITY OF ATLANTIC BEACH CITY CC)l\’[l\’IISSIC)N IVIEETING STAFF REPORT Resolution No.22-40 :I\/Iulti—Yeaar Contract for Bid No.21 22- 07 — Calciurn Hypochlorite (HTH)for Waslewater/Water Pl a nt sTroyStephens.Public Utilities Director l\/lay 27,2022 June l3,2022 The Public Utilities Departrnenl purchases I-ITH for disi nfe ctio n at the wastewater and water plants.Bids were advertised onlyIbid was received. Item Est.No.Chemrite,Inc. I-ITI-I,lOO#Clontainers 40 $265.00 Total Annual $1 0,600. 00 Funds for the I-{TH are included in the Watei'and Sewer Tr eat :- ne nt accounts 4-0O—5502—533—52OO and 4lO—S508—535—52OCL Award the rnulti—year contract for HCH,Bid No.2122-07 to Chernrile,Inc.at the bid price of $265.00 per 100 pound con tain er at 40 containers per year for a terrn beginning July 1,2022 thr ou ghJune30,2027. Resolution No.22-40 Bid 2l22—-O7 Bid Analysis E.V2‘Agenda Item #8.E.13 Jun 2022Page 101 of 134 RESOLUTION NO.22-40 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AWARDING BID NO.2122-07:MULTI-YEAR CONTRACT FOR CALCIUM HYPOCHLORITE;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 May 18,2022,one bid was received for Bid No.2122-07: Multi—YearContract for Calcium Hypochlorite (HTH);and WHEREAS,there was one bidder,Chemrite,Inc.,who met all required speci?cations and document submittal requirements,placed a bid for $10,600.00;and WHEREAS,adequate funding for Calcium Hypochlorite is budgeted in the Water Production and Wastewater Treatment accounts 400-5502-53 3-5200 and 410-5508-53 5-5200. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes awarding Bid 2122-07:Multi—Year Contract for Calcium Hypochlorite (HTH)to Chemrite,Inc. SECTION 2.The term of the contract shall be in effect for a period of ?ve (5)calendar years. The contract will begin on July 1,2022 and expire June 30,2027. SECTION 3.Notwithstanding the approval granted and other provisions contained herein,the City’s obligation under the Multi—YearContract approved herein is subject to annual appropriationsfor this purpose as may be adopted and included in the City’s annual budgets for Fiscal Years 2023,2024, 2025,2026 and 2027. SECTION 4.The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution. SECTION 5.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13”‘day of June,2022. Attest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.E.13 Jun 2022Page 102 of 134 Bid Analysis Bid 2122-07 HTH (Calcium Hypochlorite)for WWTP's May 18,2022 Chemrite,Inc. $265.00 ESTIMATED QUANTITY PER YEAR TOTAL ANNUAL COST $10,600.00 **Per Bidder:Minimum order of nine (9)pails/containers.Price includes delivery.** HTH —100 POUND CONTAINERS UNIT PRICE PER 100 # CONTAINER Agenda Item #8.E.13 Jun 2022Page 103 of 134 Page 104 of 134 AGENDA ITENI: SUIil\III'I"I‘EI)BY: l)ATE: lVl EETING DATE: BACKGl{OUNl): BUD(}E'l‘: REC()lVll\/[END TI()N: ATTACII l\/I [L TS : CI'l‘Y OF ATLANTIC BEACII CITY C0]VIl\’lISSI()N MEETING STAFF REl’ORT Resolution No.22-41 awarding Bid No.2122-08:lVIu lti— Year Contract for Sulfur Dioxide for WW'l‘l’ Troy Stephens,Public Utilities l_)ireetor l\/lay 27,2022 June )3.2022 On l\/lay 18,2022,one bid was received For Bid No,2 1 2 2 - 0 8 : lV[ulKi—Year Contract for Sulfur l)ioxide a ehernical wh ich isusedroi- deehlorinating the treated effluent,per DEF requirelnents. Bid 2122-08 was advertised and opened on l\/lay 1 8,2 0 2 2 , andonly one bid was received,frorn Allied Universal Corp. 'l"l1e speci?cations state that the contract will be for a offive (5)years,with the right to cancel at the third or Fourth te rx n. Dueto the volatility ofthe ehernical industry,suppliers are ei th er not bidding,or not able to offer 3 ?rrn priee throughout th e lifeofthe contract.As a result of the current situation,Allied ll ni v er sa l Corp. will only guarantee their cost for one (1)year.'I‘hey h a v e beena supplier of this product,and others,since 201 l with n o issu es. We have asked tliat they provide us with a projected price i n c r e a s e after six (6)rnnnths of the first terrn for the City to review budg et, and review on an annual basis. Unit Price Estirnate Quantity Total Cost $2240.00 26 Tons $ 58 , 24 0. 90 Adequate Funding For Sulfur Dioxide is budgeted in t h e Was tcw ater 'l‘reatrnent account nuniber 4-10—5508~53S~5200. Award Bid No.2l22~08 to Allied Universal corp.ror aperi od or one (1)year at the $2,240 per ton,with renevvals based onannual cost projection,and the City’s appropriation or funds aperiodor five (5)years,with a ?nal expiration date ofO6/30/2027. Resolution No.22-4] l3id 2l22vO8 Bid Analysis Allied Universal Bid Statement REVIEWED BY CITY NIANAGER: _ { _Agenda Item #8.F.13 Jun 2022Page 105 of 134 RESOLUTION NO.22-41 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AWARDING BID NO.2122-08:MULTI-YEAR CONTRACT FOR SULFUR DIOXIDE;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 May 18,2022,one bid was received for Bid No.2122-08: Multi-Year Contract for Sulfur Dioxide;and WHEREAS,one bidder,Allied Universal Corp.,who met all required speci?cations and document submittal requirements,placed a bid for $58,240.00;and WHEREAS,adequate funding for Sulfur Dioxide is budgeted in the Wastewater Treatment account number 410-5508-535-5200. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes awarding Bid 2122-08:Multi-Year Contract for Sulfur Dioxide to Allied Universal Corp. SECTION 2.The term of the contract shall be in effect for a period of one (1)year,beginning July 01,2022,at the rate of $2,240 per ton.Due to the volatility of the chemical industry,suppliers cannot guarantee a ?rm price for a total of ?ve (5)years.Therefore,renewals will be based on annual cost projections by Allied Universal Corp.,and the City’s appropriation of funds for a period of ?ve (5)years. Final expiration will be June 30,2027 SECTION 3.Notwithstanding the approval granted and other provisions contained herein,the city’s obligation under the Multi-Year Contract approved herein is subject to annual appropriations for this purpose as may be adopted and included in the City’s annual budgets for Fiscal Years 2023,2024, 2025,2026 and 2027. SECTION 4.The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution. SECTION 5.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13th day of June,2022. Ellen Glasser,MayorAttest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.F.13 Jun 2022Page 106 of 134 Bid Analysis Bid 2122-08 Sulfur Dioxide for W\NTP May 18,2022 Allied Universal $2,240.00 No Bid Liquid in 1 Ton Containers UNlT PRICE PER 1 TON CONTAINER ESTIMATED QUANTITY IF TONS PER YEAR TOTAL ANNUAL COST Agenda Item #8.F.13 Jun 2022Page 107 of 134 CITY 1311')NO.2122-08:IVIUL ‘I-YI7.AI{CONTRACT FOII SULFUII DIOXIDE VVASTEVVATEII 'l‘l{EA1‘IVl I’I4ANT BII)l7‘()RI\/I 'Due (0 market conditions we can only provlde bid price for 1 year 7/1/22 [0 6/30/23’ Itcrn Unit Price Estiniated Ttylal A nl n u al Quantitv/Yr. sum-r Dioxidu.Liquid in l—’1'on $224000 25 Tons $58. 240. 00 Containers /\ddcndun1 Receipt:Biddurs shnll acknowledge below the receipt ofull addenda,ifany.to specifications: /\dden<.lurn N0..dated /Xddcnduni No. 7 .dated SLJBl’vll'I‘l'/\L: Allied Universal Corporation NAMIZ ()1:C()[\4PANY (BIDDER) 3901 NVV 115 Ave BIJSINESS ADDRlT.SS Miami FL 33178 Bid Coordinator CITY,STATE &ZIP C.()f)[<Z TITLE DA'l"I‘2:May 1 1th,2022 'l‘l£I-l;'PFlONE.:305-888-2623 L—‘.M/\u.:Bids@AlIieduniversaI.com FAX N().: IiII)l7I33R’S V )Y7.R/\I,l3I\/I|’T.(')Yl7.I{LI‘).l’\l1Jl\/lBl7.I{:59 0776285 Bid 2122-DB:Nlulti-Year Contract for Sulfur Dioxide for Wastewate Trealnient.Planl Page7 Agenda Item #8.F.13 Jun 2022Page 108 of 134 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM:Revised Cultural Arts &Recreation Advisory Committee Grant Applications TODAY’S DATE:June 8,2022 MEETING DATE:June 13,2022 SUBMITTED BY:Kevin Hogencamp,Deputy City Manager / SUMMARY:The Cultural Arts &Recreation Advisory Committee is recommending updating and modernizing the City’s grant applications for (l)organizations and individuals;and (2)schools.A notable change is that for-pro?t entities would be eligible to receive grants to further the City’s cultural arts and programming objectives.Staff and a Committee representative(s)will be on hand to present this agenda item and answer questions. RECOMMENDATION:Review and consider approving the Cultural Arts &Recreation Advisory Committee’s proposed updates to the grant applications. BUDGET:NA ATTACHMENTS:Proposed updated grant applications CITY MANAGER:jaw Agenda Item #10.A.13 Jun 2022Page 109 of 134 CO |/I-JR PA GE Add city logo City of Atlantic Beach Arts &Recreation Contribution Grant Application FY 2022-2023 ORGANIZATIONS &INDIVIDUALS Agenda Item #10.A.13 Jun 2022Page 110 of 134 Thank you for your interest in applying for a Arts &Recreation Contribution Gran t fromthe City of Atlantic Beach.Here,in Atlantic Beach,we place a high priority on arts an drecreationasakeyindicatorofagoodqualityoflifeforourresidents;therefore.o ur City Cornrnission has allocated Funding for FY2022—2023 to support these activities. Ifyou've applied for a grant in the past,you'll find that we've made some changes.Firs t. itis no longer necessary For applicants to have S01(c)3 nonprofit status so long as y o u r project or program adheres to our stated giving guidelines.Second,to encourage a variety of programming year to year,we may be recommending that your project become areg ularcityprojectifyou've been funded for three years or more.This policy will become effec tiveinnextyear's cycle (2023-2024),and we'll evaluate these on a case—by—case basis wh en the time comes.Finally,we've moved the entire process online to save some trees,wehere in AB are always wont to do. We are,however.still adhering to the relevant code pertaining to contributions: Add the code here,though I don‘:think It’:necessary to write out the whole maybejust the Ordinance numbers? Please note the timeline we have outlined within this application‘One other heads up,we will be requiring each recipient to submit a Final Report at the end of this grant A sample of what to expect is attached in the Appendix. Let's get started Agenda Item #10.A.13 Jun 2022Page 111 of 134 REQUESTFOR PROPOSAL (RFP) October 1,2022-September 30,2023 City of Atlantic Beach Arts &Recreation Contribution Grant Giving Guidelines and Eligibility Requirements 1.The City ofAtlantic Beach seeks to support arts and recreation events and programs that are physically and financially accessible to all residents,with priority consideration given to events or programs that are held within COAB city limits. 2.The City ofAtlantic Beach will NOT consider grants for: a.Organizations that discriminate,including but not limited to,on the basis of race,gender,gender identity,sexual orientation,ethnic orientation,country of origin,citizenship,veteran,or disability status. b.Religious organizations,unless they are engaged in programs that are secular and benefit a broad base ofthe community. c.Political groups. 3.Programs and/or events must be completed within the fiscal year ofthis grant award. Grant Expenditures and Accountability 1.The maximum grant awarded is $5,000. 2.Grant recipients are required to maintain and provide financial records to support claimed expenditures pertaining to the successful completion ofthe project or event.(In other words,show us how you spent the money.) 3.On-going projects or programs will be required to submit a mid—term Progress Report at a milestone determined by the City Staff.Mid—termProgress Reports will be submitted to the Arts &Recreation Committee. 4.Upon completion ofprogram or event,a Final Report outlining the success ofthe event or program will be submitted to the Arts &Recreation Committee.Any media produced highlighting the event or program should be included in this Final Report along with lessons learned and opportunities for improvement,if any. 5.Significant non—complianceissues will be taken into consideration and may affect future funding by COAB. City ofAtlantic Beach Recreation OfficeDirector,Ms.Latrenia Thomaslthomas@coab.us (preferred method of contact](904)247-5828 Agenda Item #10.A.13 Jun 2022Page 112 of 134 Key Timeline for FY 2022-2023 Grant Period: July 18,2022 Week of]uly 25,2022 August 22,2022 —11:59 PM August 31,2022 September 8,2022 9:00 AM -12:00 PM September 13,2022 3:30 PM -5:30 PM September 13,2022 September 26,2022 September 28,2022 October 10,2022 - November 10,2022 Electronic Request for Proposal goes live Press release issued Public meeting to review grant and FAQs (Potential applicants are invited to attend,but attendance is not mandatory.) Deadline for FY 2022-2023 Arts &Recreation grant proposals.The Recreation Director will collect all applications as they are received and forward eligible applications to the Arts &Recreation Committee within three (3)days of submission deadline. Notify semi-finalists who will be required to present a brief summary of their proposal and answer questions by the Arts &Recreation Committee. MANDATORYpresentations to the Arts &Recreation Committee.Specific times of presentations TBD. MANDATORYpresentations to the Arts &Recreation Committee.Specific times of presentation TBD. Arts &Recreation Committee will vote and make recommendations on funding at this regularly scheduled meeting. Committee presents grants recommendations to full Commission at this regularly scheduled meeting. Applicants are notified regarding awards. .-Grant awards are dispersed,and agreements signed. -Agreements are signed and grantees are given a rubric -incremental payments.(One-third at signing,anotherthirdhalfwaywhenprogressrubricissubmitted,andfinalthirdattheendwhenfinalreportissubmitted.)—One-time projects receive full grant at signing.Agenda Item #10.A.13 Jun 2022Page 113 of 134 To gain access to the application,please answer th efollowingquestions: {NOTE TO AFPLICA TION PROGRAMMER.'Answers indicated in RED should preclude advancing to the application.) 1.Does your program pertain to cultural arts and/or recreation? a.Yes. b.No. 2.Has your project/program received an Arts &Recreation grant in the past ?a.Yes.When,and how much did you receive?Upload your Final Repo rt from previous year's funding. b.No.this is my first time applying. 3.Are you prepared and committed to recognizing COAB as a supporter ofy ourproject/program in all your printed and social media? a,Yes. b.No. 4.Are you prepared and committed to providing COAB with information an d mat erialthatwillbesharedbyCOABinpubliceventnotification? a.Yes. b.No. 5.Are you prepared and committed to providing COAB with year<end data measurement of success? a.Yes. in.No. 6.Will your project/program be perforrned in Atlantic Beach? a.Yes.Move on to application. b.No.Do you have data to suggest Atlantic Beach residents have histo rical lyparticipatedinyourprogramming? i.Yes.What percentage of your audience/participation is atte nde d by Atlantic Beach residents? ii.No.l'rn sorry;your project/prograrn does nor.qualify for funding at this time.Agenda Item #10.A.13 Jun 2022Page 114 of 134 APPLICATION: NAME OF PROGRAM/EVENT: 1.Participation (Max 10 points) a.Location(s)where program will take place .Number ofattendees/participants who are Atlantic Beach residentsb c.Total estimated number of participants d.Frequency or duration of program/event (e.g.,1 time event for 2 hours,or 1 time/monthfor 1 hour,etc.) e.Is the event open and accessible to all residents ofAtlantic Beach who may want to participate? i.Yes. ii.No.Please describe why.250 word limit 2.Need (Max 10 points)—Brie?y describe any community needs or gaps that the program/event is intended to address.250 word limit Reviewers will consider the following questions when assigning points: Is there a demonstrated need for the program/event? Is the program/event duplicative of other programs/events in the area? Is the program/event a response to a need articulated from the community? Does the program/event target a population that is currently underserved? (e.g.,teens,children with special needs,low-income residents,etc.) P-“.579” 3.Program /Event Description (Max 10 points)—Describe the goals and objectives ofthe program/event,as well as benefits to the residents ofAtlantic Beach.250 word limit Reviewers will consider the following questions when assigning points: a.Are the goals and objectives described in the application SMART (specific, measurable,achievable,results-focused,and time bound)? b.Does the program/event pertain to arts and/orrecreation? c.How will the program/event benefit the residents ofAtlantic Beach? 4.Expected Outcomes (Max 5 points)-Describe ifthe program is evidence based Reviewers will consider the following questions when assigning points:a.Is the program/event based on published evidence?b.Does the program/event have a demonstrated history of success (in othercontextsorsimilarcities,or in previous years)?Agenda Item #10.A.13 Jun 2022Page 115 of 134 c.Ifyour project has been funded in previous years,how has your project improved or otherwise changed since the previous year?Upload your Final Report from previous year's funding. 5.Marketing (Max 5 points]—Describe how the program/event will be promoted and marketed to the community.Describe how the City ofAtlantic Beach will be promoted as a sponsor of the program/event.250 word limit .Cost (Max 5 points]-If there is a fee or cost to participate,describe how you will ensure that participants are not denied the opportunity to participate due to their inability to pay any registration or other related fees or costs.Ifthere is no fee or cost,please state N/A.250 word limit Reviewers will consider the following questions when assigning points: a.Is the program/event free for residents ofAtlantic Beach? b.Ifthere is a fee or cost,does the proposal describe steps to ensure participants are not denied the opportunity to participate due to their inability to pay fees or costs? .Evaluating Success (Max 5 points]—Briefly describe how you will measure success.This should include how you will assess participant satisfaction,number of participants and,ifapplicable,changes in knowledge,attitudes,skills or behaviors. Describe data and/orsurvey collection methods.Please also describe how data will be used to inform and improve program/event.250 word limit Reviewers will consider the following questions when assigning points: a.Is there an evaluation plan for measuring participation,participant satisfaction and,ifapplicable,changes in knowledge,attitudes,skills or behavior? b.Will data provide actionable information for future planning? c.Will results be useful for dissemination to the community? d.Does evaluation include feedback from participants/audience,as well as planners,organizers and volunteers? .Resourcing (Max 5 points]—Please describe any plan to leverage additional resources (e.g.,other funding,volunteers,in-kind donations)or collaborations with others to offset expenses.Ifyour project or organization receives any funding from Reviewers will consider the following questions when assigning points:a.Is there a plan to leverage additional resources as mentioned above?b.Is there collaboration with other organizations?c.Is this a for-profit program/event?Agenda Item #10.A.13 Jun 2022Page 116 of 134 UPLOAD Required Application Documents: Program/Event Responsibility Party/Point of Contact Information List Social Media Handles,Website Upload Summary of Program Budget Upload Timeline of Key Milestones and Deliverables Upload List ofOrganization Board ofDirectors and/orAdditional Donors Upload One (1)Letter ofRecommendation Provide Contact Information for (2)References Upload most current IRS W-9 Form P°.\l.°‘E“:F‘.°°!\’!“Agenda Item #10.A.13 Jun 2022Page 117 of 134 IMPORTANT NOTES: 10. 11. 12. 13. 15. Only one (1)grant per eligible applicant. The City Commission and/orthe Arts &Recreation Committee,at its discretion,may modify the contribution award to qualified recipients based on merit of proposal and/ornumber of other qualified applications received.The contribution award may not exceed the maximum amount of available financial resources of the FY2022-2023 Annual Atlantic Beach Community Contribution Program as approved under the City's Annual Operating Budget. In the event that the amount awarded is less than the amount requested,applicants must be prepared to submit a revised program budget and description re?ecting changes in scale,ifapplicable. Applications received after deadline or outside ofonline application will NOT be accepted. Organizations already receiving funds or financial support from the City ofAtlantic Beach FY 2022-2023 may not apply for additional funding. Expenses must be directly related to proposed program or event services,materials, or activities occurring within the award period. Awardees will be required to maintain financial records to support claimed expenditures and project accomplishments. Progress Reports (in the case of ongoing programs)and/orFinal Reports will be submitted by the applicant to City Staff after key milestones or completion. The Final Report is due 30 days following completion of the program or event.lfthe Final Report is not received within 30 days following completion ofprogram or event,the award recipient will be required to immediately reimburse the City of Atlantic Beach grant funds. City Staff will review submitted copies ofpaid receipts/invoices and a written final report to ensure that funds were spent in compliance with the approved application. Applicant will be required to reimburse the City ofAtlantic Beach for all inappropriately spent funds. Significant non-compliance issues will be taken into consideration and may affect future funding decisions jointly made by the City Commission. All eligibility criteria is administered and determined by the Recreation Director and the Arts &Recreation Committee. All decisions made on eligibility by the Atlantic Beach City Commission,the Recreation Director,and the Arts &Recreation Committee are deemed final. including other fees,loss or damage which the City may suffer as a result of claims,demands,costs or judgment against it,arising from all activities engaged by grantrecipientsinitsuseofpublicfunds.Applicants must be available for site visits during the application process,ifrequested,and successful grantees must be available for site visits during programactivitiesorevents.Agenda Item #10.A.13 Jun 2022Page 118 of 134 APPENDIX SAMPLE Final Report City of Atlantic Beach Arts &Recreation FY2022-2023 Contribution Grant Please provide the following information and data on the actual event/program that was implemented. Ifthe actual information or data differ significantly from what you expected and described in your proposal,please explain the difference. NAME OF PROGRAM/EVENT: 1.PARTICIPATION Location(s)where program/event took place. Total #ofparticipants. #ofparticipants who were Atlantic Beach residents. Total #ofhours each participant was directly engaged in program/event. Frequency and duration ofprogram/event (e.g.twice a week,2 hours each time). Was the event open to all residents ofAtlantic Beach? In what ways did you facilitate accessibility of your program/event to participants?(e.g.,Did you rotate locations,or provide transportation options?) If known,what age group(s)did your program serve?(e.g.,Under 18,18-30,30- 54,55+) What was the fee or cost to participate? In what ways did you advertise and market the event?Please UPLOAD marketing samples. Do you feel the advertising/marketing was effective? PROGRAM/EVENT went.You are encouraged to UPLOAD What were the main goals and objectives ofyour program/event?Were yourgoalsandobjectivesmet?Why or why not?Agenda Item #10.A.13 Jun 2022Page 119 of 134 EVALUATION How did you evaluate the success/effectivenessofyour event/program? Were you able to collect the data and measures that you proposed in your application?Ifthe answer is yes,please summarize the evaluation results.If no, please explain. STRENGTHS&AREAS FOR IMPROVEMENT Please list what you consider to be the biggest achievements or accomplishments ofyour program/event. What did you learn?Please list at least two ways to improve your program /event in the future. lfyou have been funded in prior years,how has your project changed or improved over the years? BUDGET &FUNDING How much were you awarded? How much did you utilize? Did you return funds that were not ultimately utilized? If known,what was the total cost ofyour program/event? What other sources of funding did you have? UPLOAD copies ofpaid receipts and invoices here. FEEDBACK Please share any feedback you have about how our process could be improved.Agenda Item #10.A.13 Jun 2022Page 120 of 134 COVER PAGE Add city logo City of Atlantic Beach Arts &Recreation Contribution Grant Application FY 2022-2023 SCHOOLS Agenda Item #10.A.13 Jun 2022Page 121 of 134 Thank you for your interest in applying for a Arts &Recreation Contribution Gran t fromthe City of Atlantic Beach.Here,in Atlantic Beach,we place a high priority on arts an drecreationasakeyindicatorofagoodqualityoflifeforourresidents;therefore,o ur City Comrnission has allocated Funding for FY2022~2023 to support these activities. lfyou‘ve applied For a grant in the past,you'll find that we've made some changes.Firs t. itis no longer necessary for applicants to have 501(c)3 nonprofit status so long as y o u r project or program adheres to our stated giving guidelines.Second,to encourage a variety of prograrnming year to year,we may be recommending that your project become reg ula rcityprojectifyou‘ve been funded for three years or more.This policy will become effec tiveinnextyear‘s cycle (2023-2024),and we'll evaluate these on a case—by—case basis wh en the time comes.Finally,we've moved the entire process online to save some trees.a s wehere in AB are always wont to do. We are,however,still adhering to the relevant code pertaining to contributions: Add the code here,though I don’:think it’:necessary to write out the whole maybejust the Ordinance numbers? Please note the tirneline we have outlined within this application.One other head s up,we will be requiring each recipient to submit a mid—tern1 Progress Report and a Fina l Rep ort at the end of this grant cycle.A sample of what to expect is attached in the Appendix. Let's get started Agenda Item #10.A.13 Jun 2022Page 122 of 134 REQUESTFOR PROPOSAL (RFP) October 1,2022-September 30,2023 City of Atlantic Beach Arts &Recreation Contribution Grant Giving Guidelines and Eligibility Requirements 1.The City ofAtlantic Beach seeks to support eligible Duval County Public Schools providing extracurricular/extramuralprograms,arts,cultural,and recreation programs,activities or events that serve students who are Atlantic Beach residents, with priority consideration given to events or programs that are held within COAB city limits. The City ofAtlantic Beach will NOT consider grants for: a.Organizations that discriminate,including but not limited to,on the basis of race,gender,gender identity,sexual orientation,ethnic orientation,country of origin,citizenship,veteran,or disability status. b.Religious organizations,unless they are engaged in programs that are secular and benefit a broad base of the community. c.Political groups. Programs and/orevents must be completed within the fiscal year ofthis grant award. Grant Expenditures and Accountability 1. 2. The maximum grant awarded is $10,000. Grant recipients are required to maintain and provide financial records to support claimed expenditures pertaining to the successful completion ofthe project or event.(In other words,show us how you spent the money.) On-going projects or programs will be required to submit a mid~term Progress Report at a milestone determined by the City Staff.Mid-term Progress Reports will be submitted to the Arts &Recreation Committee. Upon completion of program or event,a Final Report outlining the success ofthe event or program will be submitted to the Arts &Recreation Committee.Any media produced highlighting the event or program should be included in this Final Report along with lessons learned and opportunities for improvement,if any. Significant non-compliance issues will be taken into consideration and may affect For more information,please contact:City ofAtlantic Beach Recreation OfficeDirector,Ms.Latrenia Thomaslthomas@coab.us (preferred method of contact)(904)247-5828 Agenda Item #10.A.13 Jun 2022Page 123 of 134 Key Timeline for FY 2022-2023 Grant Period: July 18,2022 Week of]uly 25,2022 August 22,2022 —11:59 PM August 31,2022 September 8,2022 9:00 AM -12:00 PM September 13,2022 3:30 PM —5:30 PM September 13,2022 September 26,2022 September 28,2022 October 10,2022 - November 10,2022 Electronic Request for Proposal goes live Press release issued Public meeting to review grant and FAQs (Potential applicants are invited to attend,but attendance is not mandatory.) Deadline for FY 2022-2023 Arts &Recreation grant proposals.The Recreation Director will collect all applications as they are received and forward eligible applications to the Arts &Recreation Committee within three (3)days ofsubmission deadline. Notify semi-finalists who will be required to present a brief summary oftheir proposal and answer questions by the Arts &Recreation Committee. MANDATORYpresentations to the Arts &Recreation Committee.Specific times of presentations TBD. MANDATORYpresentations to the Arts &Recreation Committee.Specific times of presentation TBD. Arts &Recreation Committee will vote and make recommendations on funding at this regularly scheduled meeting. Committee presents grants recommendations to full Commission at this regularly scheduled meeting. Applicants are notified regarding awards. -Grant awards are dispersed,and agreements signed. -Agreements are signed and grantees are given a rubric -incremental payments.(One-third at signing,anotherthirdhalfwaywhenprogressrubricissubmitted,andfinalthirdattheendwhenfinalreportissubmitted.)-One-time projects receive full grant at signing.Agenda Item #10.A.13 Jun 2022Page 124 of 134 To gain access to the application,please answer th efollowingquestions: (NOTE TO APPLICJI TION PROGRAMMER:Answers indicated in RED should preclude advancing to the application.) 1.Does your program pertain to cultural arts and/or recreation? a.Yes. b.No. 2.Has your project/program received an Arts &Recreation grant in the past ?a.Yes.When,and how much did you receive?Upload your Final Repor t from previous year's funding. b.No,this is my first time applying. 3.Are you prepared and committed to recognizing COAB as a supporter ofy ourproject/program in all your printed and social media? a.Yes. b.No. 4-.Are you prepared and committed to providing COAB with information an d mat eria lthatwillbesharedbyCOABinpubliceventnotification? a.Yes. b.No. 5.Are you prepared and committed to providing COAB with year—end data measurement of success? a.Yes. b.No. 6.Will your project/program be performed in Atlantic Beach? a.Yes.Move on to application. b.No.Do you have data to suggest Atlantic Beach residents have histo ricall yparticipatedinyourprogramming? i.Yes.What percentage ofyour audience/participation is atte nde d by Atlantic Beach residents? ii.No.I’rn sorry;you!‘project/prograrn does not qualify for C O A B funding at this time.Agenda Item #10.A.13 Jun 2022Page 125 of 134 SCHOOL APPLICATION: NAME OF SCHOOL: NAME OF PROGRAM/EVENT: 1.Participation (Max 10 points) a. b. Location(s)where program will take place Estimated number ofattendees/participants who are Atlantic Beach residents Total estimated number of participants Frequency or duration of program/event (eg,1 time event for 2 hours,or 1 time/monthfor 1 hour,etc.) Is the event open and accessible to all residents ofAtlantic Beach who may want to participate? i.Yes. ii.No.Please describe why.250 word limit Describe how you will facilitate access to the program or event so that residents ofAtlantic Beach who do not live near the program/event location and who do not have transportation can still participate.250 word limit 2.Need (Max 10 points)—Brie?y describe any community needs or gaps that the program/event is intended to address.250 word limit Reviewers will consider the following questions when assigning points: 9-99‘? is there a demonstrated need for the program/event? Is the program/event duplicative of other programs/events in the area? Is the program/event a response to a need articulated from the community? Does the program/event target a population that is currently underserved? (e.g.,teens,children with special needs,low-income residents,etc.) 3.Program /EventDescription (Max 10 points)—Describe the goals and objectives ofthe program/event,as well as benefits to the residents ofAtlantic Beach.250 word limit Reviewers will consider the following questions when assigning points: 3. c. Are the goals and objectives described in the application SMART (specific, How will the program/event benefit the residents ofAtlantic Beach?4.Expected Outcomes (Max 5 points)—Describe if the program is evidence based(i.e.,has a record of achieving expected outcomes).Be prepared to addressimprovementsorchangestoyourprojectsincethepreviousyear.250 word limitReviewerswillconsiderthefollowingquestionswhenassigningpoints:Agenda Item #10.A.13 Jun 2022Page 126 of 134 5. a.Is the program/event based on published evidence? b.Does the program/event have a demonstrated history of success (in other contexts or similar cities,or in previous years)? c.Ifyour project has been funded in previous years,how has your project improved or otherwise changed since the previous year?Upload your Final Report from previous year's funding. Marketing (Max 5 points]—Describe how the program /eventwill be promoted and marketed to the community.Describe how the City ofAtlantic Beach will be promoted as a sponsor ofthe program/event.250 word limit Cost (Max 5 points)—lfthere is a fee or cost to participate,describe how you will ensure that participants are not denied the opportunity to participate due to their inability to pay any registration or other related fees or costs.If there is no fee or cost,please state N/A.250 word limit Reviewers will consider the following questions when assigning points: a.Is the program/event free for residents ofAtlantic Beach? b.If there is a fee or cost,does the proposal describe steps to ensure participants are not denied the opportunity to participate due to their inability to pay fees or costs? Evaluating Success (Max 5 points)—Brie?y describe how you will measure success.This should include how you will assess participant satisfaction,number of participants and,if applicable,changes in knowledge,attitudes,skills or behaviors. Describe data and/orsurvey collection methods.Please also describe how data will be used to inform and improve program/event.250 word limit Reviewers will consider the following questions when assigning points: a.Is there an evaluation plan for measuring participation,participant satisfaction and,ifapplicable,changes in knowledge,attitudes,skills or behavior? b.Will data provide actionable information for future planning? c.Will results be useful for dissemination to the community? d.Does evaluation include feedback from participants/audience,as well as planners,organizers and volunteers? —resources (eg,other funding,volunteers,in-kind donations)orotherstooffsetexpenses.Ifyour project or organization receives any funding fromCOABinanyway,please state how much and for what.250 word limitReviewerswillconsiderthefollowingquestionswhenassigningpoints:a.Is there a plan to leverage additional resources as mentioned above?b.Is there collaboration with other organizations?c.is this a for-profit program/event?Agenda Item #10.A.13 Jun 2022Page 127 of 134 UPLOAD Required Application Documents: Program/Event Responsibility Party/Point of Contact Information List Social Media Handles,Website Upload Summary of Program Budget Upload Timeline of Key Milestones and Deliverables Upload List of Organization Board of Directors and/orAdditional Donors Upload One (1)Letter of Recommendation Provide Contact information for (2)References Upload most current IRS W-9 Form .°°.\‘S3‘E-":F‘5’°!\’!"Agenda Item #10.A.13 Jun 2022Page 128 of 134 IMPORTANT NOTES: 10. 11. 12. 13. 15. Only one (1)grant per eligible applicant. The City Commission and/orthe Arts &Recreation Committee,at its discretion,may modify the contribution award to qualified recipients based on merit ofproposal and/ornumber of other qualified applications received.The contribution award may not exceed the maximum amount ofavailable financial resources ofthe FY2022-2023 Annual Atlantic Beach Community Contribution Program as approved under the City's Annual Operating Budget. In the event that the amount awarded is less than the amount requested,applicants must be prepared to submit a revised program budget and description re?ecting changes in scale,ifapplicable. Applications received after deadline or outside ofonline application will NOT be accepted. Schools already receiving funds or financial support from the City ofAtlantic Beach FY 2022-2023 may not apply for additional funding. Expenses must be directly related to proposed program or event services,materials, or activities occurring within the award period. Awardees will be required to maintain financial records to support claimed expenditures and project accomplishments. Progress Reports (in the case ofongoing programs)and/orFinal Reports will be submitted by the applicant to City Staffafter key milestones or completion. The Final Report is due 30 days following completion ofthe program or event.lfthe Final Report is not received within 30 days following completion ofprogram or event,the award recipient will be required to immediately reimburse the City of Atlantic Beach grant funds. City Staff will review submitted copies of paid receipts/invoices and a written final report to ensure that funds were spent in compliance with the approved application. Applicant will be required to reimburse the City ofAtlantic Beach for all inappropriately spent funds. Significant non—compliance issues will be taken into consideration and may affect future funding decisions jointly made by the City Commission. All eligibility criteria is administered and determined by the Recreation Director and the Arts &Recreation Committee. All decisions made on eligibility by the Atlantic Beach City Commission,the Recreation Director,and the Arts &Recreation Committee are deemed final. including other fees,loss or damage which the City may suffer as a result ofclaims,demands,costs or judgment against it,arising from all activities engaged by grantrecipientsinitsuseofpublicfunds.Applicants must be available for site visits during the application process,ifrequested,and successful grantees must be available for site visits during programactivitiesorevents.Agenda Item #10.A.13 Jun 2022Page 129 of 134 APPENDIX SAMPLE Final Report City of Atlantic Beach Arts &Recreation FY2022-2023 Contribution Grant Please provide the following information and data on the actual event/program that was implemented. lfthe actual information or data differ significantly from what you expected and described in your proposal,please explain the difference. NAME OF PROGRAM /EVENT: 1.PARTICIPATION °Location(s)where program/event took place. 'Total #of participants. '#ofparticipants who were Atlantic Beach residents. °Total #of hours each participant was directly engaged in program/event. °Frequency and duration ofprogram/event (e.g.twice a week,2 hours each time). °Was the event open to all residents ofAtlantic Beach? In what ways did you facilitate accessibility ofyour program/event to participants?(e.g.,Did you rotate locations,or provide transportation options?) lfknown,what age group(s)did your program serve?(e.g.,Under 18,18-30,30- 54,55+) What was the fee or cost to participate? In what ways did you advertise and market the event?Please UPLOAD marketing samples. Do you feel the advertising/marketing was effective? PROGRAM /EVENT Briefly describe how the program/event went.You are encouraged to UPLOAD What were the main goals and objectives ofyour program/event?Were yourgoalsandobjectivesmet?Why or why not?Agenda Item #10.A.13 Jun 2022Page 130 of 134 EVALUATION °How did you evaluate the success/effectivenessofyour event/program? °Were you able to collect the data and measures that you proposed in your application?Ifthe answer is yes,please summarize the evaluation results.Ifno, please explain. STRENGTHS&AREAS FOR IMPROVEMENT 0 Please list what you consider to be the biggest achievements or accomplishments ofyour program/event. °What did you learn?Please list at least two ways to improve your program/event in the future. °Ifyou have been funded in prior years,how has your project changed or improved over the years? BUDGET &FUNDING °How much were you awarded? °How much did you utilize? °Did you return funds that were not ultimately utilized? *If known,what was the total cost ofyour program/event? °What other sources of funding did you have? °UPLOADcopies of paid receipts and invoices here. FEEDBACK °Please share any feedback you have about how our process could be improved.Agenda Item #10.A.13 Jun 2022Page 131 of 134 Hogencarne.Kev n Frorn:Thomas,Latrenia Sent:Tuesday,June 7,2022 2:55 PM To:Hogencarr1p,Kevin,'Glasser,Ellen Subject:FW:CARAC (ARCC)Agenda Request Attachments:imageoo:-Lpng Hello, What do you guys suggest would be the best way to answer this question? From‘Jane Stevens [mailto:janefstevens@grnal|.corn] Sent:Tuesday,June 7,2022 8:09 AIVI To:Thomas,Latrenia <Ithomas@coab.us> Subject:Re:CARAC (ARCC)Agenda Request Hello I .Where do we stand with the draft of the resolutions? 2.Where do we stand with the requested budget for the grants? Thanks Jane On Mon,Jun 6,2022,3:35 PM Thomas,Latrenia <lthornasF<i)coab.us>vvrole: Good afternoon, I 3111 currently working on the CARAC Agenda for June 14"‘at 6pm.The current Agenda it e tobediscussed are as follows. ONGOING BUSINESS 4.A.CARAC July Newsleltel‘ 4.B.Canine Carnival Update 4.C.Final Report on Grant Recipients NEW BUSINESS Agenda Item #10.A.13 Jun 2022Page 132 of 134 Is there any ongoing /new business that you xvould like to see on the agenda? /’L 15/!S15 HI’?.4 I)!'I.\‘I§I), 0 Agenda Items will be listed by priority 0 The goal is to keep the meetings within a 90 minute span. a Agenda suggestion items due by Tuesday,June 7"‘at 5pm. Please feel free to Contact me at (904)625-0257 if you have any questions or concerns.Than k youforyour time.I look forward to seeing you at the next meeting.©Agenda Item #10.A.13 Jun 2022Page 133 of 134 Want to receive City of Atlantic Beach news by email?Just say so in an email to infogzbcoalmus . Followthe City ofAtIantic Beach on Facebock at ww\~.facehook.corn/cilyofallanticbeach.Florida has averybroadpublic records law.l\/lost written communications to or from state and local officials and agencies stateor local business are public records available to the public and media upon request.Your email co in m un ic ati on s, including your email address,may therefore be subject to public disclosure.Agenda Item #10.A.13 Jun 2022Page 134 of 134