09-12-22 Draft Agenda
City of Atlantic Beach
Draft Agenda
Regular City Commission Meeting
Monday, September 12, 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
2. COURTESY OF FLOOR TO VISITORS
2.A.
Bull Family Preserve
Bull Family Preserve
5 - 13
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A.
Accept the 90-Day Calendar (Sept. - Nov. 2022)
90-Day Calendar (Sept. - Nov. 2022)
15 - 18
3.B.
Splash Pad
Splash Pad
19 - 40
3.C.
Main Street Grant
Main Street Grant
41 - 43
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
4.A.
Constitution Week Proclamation (Mayor Glasser)
Constitution Week Proclamation
45
4.B.
Beach Smoking (Mayor Glasser)
Beach Smoking Presentation
Indian Harbour Beach Ordinance
47 - 53
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
6. CONSENT AGENDA
7. COMMITTEE REPORTS
Page 1 of 89
Regular City Commission - 12 Sep 2022
8. ACTION ON RESOLUTIONS
8.A.
RESOLUTION NO. 22-49
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE
ADDITIONAL OF THE LEAVE CASH-IN PROGRAM AS AN ADDITIONAL BENEFIT FOR
ELIGIBLE EMPLOYEES.
Resolution No. 22-49
55 - 57
8.B.
RESOLUTION NO. 22-55
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AN
INTERLOCAL AGREEMENT WITH THE CITY OF JACKSONVILLE TO ENSURE THAT
THE CITY OF JACKSONVILLE QUALIFIES AS A QUALIFIED COUNTY TO RECEIVE
JACKSONVILLE REGIONAL FUNDS FROM THE OPIOID LITIGATION SETTLEMENT;
AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-55
59 - 69
8.C.
RESOLUTION NO. 22-56
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO.
2122-12: MULTI-YEAR CONTRACT FOR JANITORIAL SERVICES, SUBJECT TO THE
PROVISIONS OF THIS RESOLUTION.
Resolution No. 22-56
71 - 74
8.D.
RESOLUTION NO. 22-57
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO.
2122-13: MULTI-YEAR CONTRACT FOR STREET SWEEPING/VACUUMING FOR THE
PUBLIC WORKS DEPARTMENT, SUBJECT TO THE PROVISIONS OF THIS
RESOLUTION.
Resolution No. 22-57
75 - 78
8.E.
RESOLUTION NO. 22-59
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO.
2122-18 FOR THE INTERIOR PAINTING OF CITY HALL; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN
ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-59
79 - 82
8.F.
RESOLUTION NO. 22-60
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY CONTRACTS AND PURCHASE ORDERS AS
NECESSARY PERTAINING TO A DEFENSE COMMUNITIES INFRASTRUCTURE PILOT
GRANT PROGRAM FROM THE DEPARTMENT OF DEFENSE ON BEHALF OF THE CITY
OF ATLANTIC BEACH; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 22-60
83 - 85
Page 2 of 89
Regular City Commission - 12 Sep 2022
9. ACTION ON ORDINANCES
9.A.
Public Hearings and First Reading on Adoption of a Tentative Millage Rate and
Ordinance No. 20-22-165, establishing the Operating Budget for fiscal year
2022/2023.
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING
SEPTEMBER 30, 2023.
Link to Proposed Annual Budget for FY 2022-2023
Ordinance No. 20-22-165
87 - 89
10. MISCELLANEOUS BUSINESS
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 meeti ng.
Page 3 of 89
Page 4 of 89
l’mjeet §\’znne:Atlatnie lieneit llultiings
Ol"TlOa’\’AGREEMENT‘FOR BARGAIN SALE
'1ms /\(iRl§i£Ml~;N 1‘is made this ll4+_~_
M
day of 1a‘nT:j_4__W.2022,(the “liflbctivc1JaIc")bctv»w1
Atlantic Beach Holding Colnpany‘.whose address is I43]Rive ace Blvd APT i905:Jacksonville
Florida 32207.hereinafter referred to as "Seller",and the North Florida Land Trust,Inc.21 nonpro?t
corporation,whose address is 843 W.Monroe Street.Jacksonville,Fl.32202,and its successors and
assigns as "Buyer".
1.(TRANT OI’()PTl()N.Seller hereby grants to Buyer and its successors and assigns the exclusive
option to purchase the real property located in I)uval County,l~‘lorida,described/depicted in lixhibit “A"
together with all improvements,easements,hereditaments and appurtenances and riparian and littoral
rights.ifany,in accordance with the provisionsof this Agreement.lixercise of the option is effective only
if Buyer gives written notice of exercise to Seller.
of which is hereby acknowledged by Seller.The option may be exercised during the period beginningwith
Buyer's approval of this Agreement and ending I)ecembcr l,2022 (“Option Expiration Date”),unless
extended by other provisions of this Agreement.Buyer may notify Seller in writing in confonnance with
the provisions of Paragraph 29 of its intention to exercise this option on or before the Option l?ixpiration
Date.
7 ()l"l’lON TERMS.The option payment is $l()0.()0 ("Option Payment"),the receipt and sufficiency
3.BARGAIN SALIE.The purchase price for the Property is PIVIZ THOUSAND AND NO/100
DOLLARS (35,000)(“Purchase Price”).The Purchase Price,after credit for the Option Payment,will be
paid at closing.The ltuyer and Seller acknowledge the SclIer’sintent to effectuate a "Bargain Sale”ofthe
Property to the Buyer,to wit Seller intends to make a charitable contribution to the Buyer of the difference
between the fair market value of the Property and the Purchase Price paid by the Buyer,pursuant to Section
10]3(b)ofthe Code.The Buyer is an organization describedin Sections 501(c)(3)and l70(b)(l)(A)(vi)of
the Internal Revenue Code;therefore,to the extent permitted by law,Seller may be entitled to consider the
amount by which the fair market value of the Property exceeds the Purchase Price as a charitable
contribution of property to the extent pennitted by law,but Buyer shall have no responsibility or liability
for the determinationof the amount or availability of any income tax deduction which Seller may claim.
The Buyer has provided Seller with a summary of its internal requirementsregarding gifts of interests in
real estate and will sign documentationrequired by the IRS to substantiatea charitable contribution when
the conditions smted in the smnmary are met.
4./\.l€;NVlR()NMF.NTAl..Sl'l‘]£ASSESSMENT.Buyer may,at l3uyer’s sole cost and expense and
prior to the Option l?xpiration Date.obtain a Phase I linvironmcntal Site Assessment (“l€SA“)of the
Property to detennine the existence and extent,if any,of any Hazardous Materials on the Property.For
purposes of this Agreement "Hazardous Materials”shall mean any hazardous or toxic substance.material
or waste of any kind or any other substance which is regulated by any linvironmentalLaw (as hereinafter
de?ned in Paragraph 41?).
on at toterminatethisAgreementandneitherpartyshallhaveanyfurtherobligationsunderthisAgreement.ShouldneitherpartyelecttoterminatethisAgreement,Seller shall,at Seller’s sole cost and expense.not to exceedS2,()lfJt)and prior to the exercise of the option and closing,promptly commence and diligently pursue anyassesstnexlt.clean up and monitoring of the Property necessary to bring the Property into full compliance Agenda Item #2.A.12 Sep 2022Page 5 of 89
with Environmental Law.If Hazardous Materials placed on the Property prior to closing are discovered
after closing,Seller shall remain obligated hereunder,with such obligation to survive the closing and
delivery and recording of the deed described in Paragraph 8 of this Agreement and Buyer's possession of
the Property,to diligently pursue and accomplish the clean up of Hazardous Materials in a manner
consistent with all applicable Environmental Laws and at Seller's sole cost and expense not to exceed
$2,000.For purposes of this Agreement,“Environmental Law”means all federal,state and local laws,
including statutes,regulations,ordinances,codes,rules,judgments,orders,decrees,permits,concessions,
grants,franchises,licenses,agreements and other governmental restrictions relating to the protection of the
environmental or human health,welfare or safety,or to the emission,discharge,seepage,release or
threatened release of any contaminant,chemical,waste,irritant,petroleum product,waste product,
radioactive material,?ammable or corrosive substance,explosive,polychlorinated biphenyl,asbestos,
hazardous or toxic substance,material or waste of any kind into the environment,including,without
limitation,ambient air,surface water,ground water,or land including,but not limited to,the Federal Solid
Waste Disposal Act,the Federal Clean Air Act,the Federal Clean Water Act,the Federal Resource and
Conservation and Recovery Act of 1976,the Federal Comprehensive Environmental Response,
Compensation and Liability Act of 1980,the Federal Superfund Amendments and Reauthorization Act of
1986,Chapters 161,253,373,376 and 403,Florida Statutes,Rules of the U.S.Environmental Protection
Agency,Rules of the Florida Department of Environmental Protection,and the rules of the Florida water
management districts now or at any time hereafter in effect.
Nothing in this Paragraph 4B shall be construed to limit Seller’sliability to any person or to any regulatory
agencies,including the Florida Department of Environmental Protection,under any Environmental Law for
Hazardous Materials located on the Property.Speci?cally,no limitation on Seller’s contractual obligations
shall be deemed to be a waiver of Buyer’s statutory or common law causes of action.
5.SURVEY.Buyer may have the Property surveyed at its expense.If the survey (“Survey”),certified
by a professional surveyor and mapper licensed by the State of Florida,shows any encroachment on the
Property or that improvements intended to be located on the Property encroach on the land of others,the
same shall be treated as a title defect.
6.TITLE INSURANCE.Buyer may obtain a marketable title insurance commitment,to be followed
by an owner’s marketable title insurance policy (ALTA Form “B”with Florida revisions)from a title
insurance company approved by Buyer,insuring marketable title to the Property in the amount of the
purchase price.
7.DEFECTS.If the title to the Property,title commitment,Survey,ESA,or any documents required
to be provided or completed and executed by Seller or furnished to Buyer pursuant to this Agreement
discloses any defects in title that are not acceptable to Buyer,(“Defects”)Seller shall,within 30 days after
notice from Buyer,remove said Defects.Seller agrees to use diligent effort to correct the Defects within
the time provided therein.If Seller is unsuccessful in removing the title defects within said time Buyer
shall have the option to either:(a)accept the title as it then is,or (b)extend the amount of time that Seller
has to remove the defects in title,or (d)terminate this Agreement,thereupon releasing Buyer and Seller
from all further obligations under this Agreement.
8.INTEREST CONVEYED.At closing,Seller shall execute and deliver to Buyer a statutorywarrantydeedinaccordancewithSection689.02,Florida Statutes,conveying marketable title to thePropertyinfeesimple?‘ee and clear of all liens,reservations,restrictions,easements,leases,tenancies andotherencumbrances,except those that are acceptable encumbrances in the opinion of Buyer and do notimpairthemarketabilityofthetitletotheProperty.Agenda Item #2.A.12 Sep 2022Page 6 of 89
9.PREPARATION OF CLOSING DOCUMENTS.Buyer or Buyer’s closing agent shall prepare
the deed described in Paragraph 8 of this Agreement,any owner's affidavits or documents required by the
title insurance company to remove the standard title policy exceptions,an environmental affidavit on
forms provided by Buyer,and any other documents necessary to close in accordance with the terms of
this option.Any documents necessary to cure title defects will be prepared at the expense of the Seller.
10.EXPENSES.Seller shall be responsible for items necessary to claim its charitable contribution
pursuant to Paragraph 3 of this Agreement.Buyer will pay costs associated with the conveyance,including
documentary stamp taxes,the cost of recording the deed described in Paragraph 8 of this Agreement and
any other recordable instruments that Buyer deems necessary to assure good and marketable title to the
Property.
11.TAXES AND ASSESSMENTS.All real estate taxes and assessments that are or that may become
a lien against the Property shall be prorated between the parties to the date of closing.
12.CLOSING PLACE AND DATE.The closing shall be on or before 10 days after Buyer exercises
the option;provided,however,that if a Defect exists,the closing shall occur either on the original closing
date or within 5 days after receipt of documentation curing the Defect,whichever is later.Buyer shall set
the date,time and place of closing with the consent of Seller.
13.SELLER’SREPRESENTATIONS AND WARRANTIES.The Seller warrants and represents to
the Buyer the following matters and agrees to indemnify,defend and hold the Buyer harmless from any
loss or liability resulting from these matters,with the intent that these representations,warranties and
indemnities shall survive closing:
a.Title to the Property/Authority,The Seller is the sole legal owner of the Property in fee
simple.The Property is not now subject to any written or oral lease,option,agreement of
sale,claim or legal proceeding except as set forth herein.Seller has the full power and
authority to execute this option and all agreements and documents referred to in this option
and to fully perform as required by this option.
b.Condition of Property.The Seller to the best of is actual knowledge is not aware of any
facts that would adversely affect the Buyer’swish to protect the conservation value of the
Property.
c.Hazardous Materials.To the best knowledge of the Seller:
i.The Property is not now,nor has it ever been,used for the manufacture,use,
storage or disposal of any hazardous or toxic substance,material or waste within
the meaning of any applicable environmental statute,ordinance or regulation;and
ii.No hazardous or toxic substance,material or waste,including without limitation
asbestos,petroleum,or material containing or producing polychlorinated
than natural background concentrations;andiii.The Property is not subject to any "superfund”or similar lien or any claim by anygovernmentregulatoryagencyorthirdpartyrelatedtothereleaseorthreatenedreleaseofanyhazardousortoxicsubstance,material or waste.Agenda Item #2.A.12 Sep 2022Page 7 of 89
g.Tanks/Wells.There have not been and there are not now any underground or aboveground
storage tanks,septic tanks or wells located on or under the Property or if there have been
or are any such tanks or wells located on the Property,their location has been identi?ed to
the Buyer in writing,they have been properly registered with all appropriate authorities,
they are in full compliance with all applicable statutes,ordinances and regulations,and
they have not resulted in the release of any hazardous or toxic substance,material or waste
into the environment.
h.Non—foreignStatus.To inform the Buyer that withholding of tax is not required under
Section 1445 of the lntemal Revenue Code and under penalties of perjury,the Seller hereby
certi?es that the Seller is not a non-resident alien or a foreign corporation,foreign
partnership,foreign trust or foreign estate as those terms are de?ned for purposes of federal
income tax law and that the Seller's social security number/federal taxpayer identi?cation
number is as set out below.The Seller understands that this certi?cation may be disclosed
to the Internal Revenue Service and that any false statement made could be punished by
?nes,imprisonment or both.
i.Government Farm Programs.The Propeity is not enrolled in the Agricultural Market
Transition Act Program,the Conservation Reserve Program,the Wetland Reserve Program
or any other program of the United States Department of Agriculture.The Property is not
subject to any government cost-share contracts or other agreements which restrict either
the use of the Property or the modi?cation of any improvements.
j.Certificate Of Status —10 days Prior to closing,Seller will provide a certi?cate of Status.
If a certi?cate of good standing cannot be produced,the sellers may terminate this
Agreement and neither party shall have any further obligations under this Agreement.
14.RISK OF LOSS AND CONDITION OF PROPERTY.Seller assumes all risk of loss or damage
to the Property prior to the date of closing and warrants that the Propeity shall be transferred and conveyed
to Buyer in the same or essentially the same condition as of the date of Seller's execution of this Agreement,
ordinary wear and tear excepted.If the condition of the Propeity is altered by an act of God or other natural
force beyond the control of Seller,however,Buyer may elect,at its sole option,to terminate this Agreement
and neither party shall have any further obligations under this Agreement.Seller represents and warrants
that there are no parties other than Seller in occupancy or possession of any part of the Property,except
the Forest Avenue docks (depicted in “Exhibit B”)which will be addressed as title objections for which the
Seller will remedy with easement instruments prior to closing.
Seller agrees to clean up and remove all abandoned personal property,refuse,garbage,junk,rubbish,trash
and debris (hereafter,“trash and debris”)from the Property to the satisfaction of Buyer prior to the exercise
of the option by Buyer.If the Seller does not remove all trash and debris from the Property prior to closing,
Buyer at its sole option,may elect to:(a)deduct the expense necessary to remove trash and debris from the
Seller's proceeds of sale up to but not to exceed $250 and proceed to close,with the Buyer incurring any
additional expenses necessary to remove all trash and debris and clean up the Property subsequent to
terminate this Agreement,and neither party shall have any further obligations under the Agreement,(d)waive the requirement that Seller clean trash and debris and proceed to close.15.RIGHT TO ENTER PROPERTY AND POSSESSION.Seller agrees that from the date thisAgreementisexecutedbySeller,Buyer and its agents,upon reasonable notice,shall have the right to enterthePropertyforalllawfulpurposesinconnectionwiththisAgreement.Seller shall deliver possession ofthePropertytoBuyeratclosing.Agenda Item #2.A.12 Sep 2022Page 8 of 89
l6.ACCESS.Seller warrants to the best of their knowledge,that there is legal and practical ingress
and egress for the Property over public roads or valid,recorded easements for the use and benefit of and as
an appurtenance to the Property.
17.DEFAULT.If either party defaults under this Agreement,the non-defaulting party may waive the
default and proceed to closing,or may seek any other remedy available at law or in equity against the
defaulting party.
18.BROKERS.Seller warrants that no persons,?rms,corporations or other entities are entitled to a
real estate commission or other fees as a result of this Agreement or subsequent closing.Seller shall
indemnify and hold Buyer harmless from any and all such claims,whether disclosed or undisclosed.Seller
is responsible for payment of any brokerage fees incurred in connection with the sale of the property.
19.RECORDING.Buyer may record this Agreement,or notice of it,in the appropriate county or
counties.
20.ASSIGNMENT.This Agreement may not be assigned by either party without prior written consent
from all parties.
21.TIME.Time is of essence with regard to all dates or times set forth in this Agreement.
22.SEVERABILITY.If any of the provisions of this Agreement are deemed to be unenforceable and
the unenforceability of said provisions does not adversely affect the purpose and intent of this Agreement,
in Buyer's sole discretion,the enforceability of the remaining provisions of this Agreement shall not be
affected.
23.SUCCESSORS IN INTEREST.This Agreement shall bind and inure to the bene?t of Seller and
Buyer and their respective heirs,legal representatives,successors and assigns.Whenever used,the singular
shall include the plural and one gender shall include all genders.
24.ENTIRE AGREEMENT.This Agreement contains the entire agreement between the parties
pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements,
representations and understandings of the parties.No supplement,modi?cation or amendment to this
Agreement shall be binding unless executed in writing by the parties.Notwithstanding the foregoing,the
parties acknowledge that the map contained in Exhibit “A”was prepared based upon historic chain of title
information,without the bene?t of a current survey of the Property.The palties agree that if,in the opinion
of Buyer,it becomes necessary to amend the legal description of the Property to correct errors,to more
properly describe the Property,to cut out portions of the Property affected by Defects unacceptable to Buyer
or which cannot be timely cured by the Seller,or to otherwise revise the legal description of the Property,
the legal description to be used in the Survey (if any)and in the closing instruments required by this
Agreement shall be revised by or at the direction of Buyer,and shall be subject to the ?nal approval of
to contrary herein above notwithstanding,such a revision of the legal description of
and delivery of the closing instruments containing the revised legal description and the Buyer’s acceptanceofsaidinstrumentsandofthefinalSurvey(if any)containing the revised legal description shall constituteafullandcompleterati?cation and acceptance of the revised legal description of the Property by the parties.25.WAIVER.Failure of either paity to insist upon strict performance of any covenant or condition ofthisAgreement,or to exercise any right herein contained,shall not be construed as a waiver or Agenda Item #2.A.12 Sep 2022Page 9 of 89
relinquishment for the future of any such covenant,condition or right;but the same shall remain in full
force and effect.
26.AGREEMENT EFFECTIVE.This Agreement or any modification,amendment or alteration
thereto,shall not be effective or binding upon either of the parties hereto until it has been executed by each
of the parties hereto.
27.COUNTERPARTS.This Agreement may be executed in one or more counterparts,but all such
counterparts,when duly executed,shall constitute one and the same Agreement.
28.ADDENDUM.Any addendum attached hereto that is signed by the parties shall be deemed a part
of this Agreement.
29.NOTICE.Whenever either party desires or is required to give notice unto the other,it must be
given by written notice,and either delivered personally,sent by electronic mail or postal mail to the
appropriate address indicated below,or such other address as is designated in writing by a party to this
Agreement.Notice delivered personally shall be deemed effective when so delivered.Notice delivered by
mail shall be deemed effective when deposited in the mail.
TO SELLER:Atlantic Beach Holding Company
1431 Riverplace Blvd.APT 1905
Jacksonville,Florida 32207
Email:chelly?a@aol.com
Phone:(850)449-1920
TO BUYER:North Florida Land Trust
Attention:Kimberly Hall
843 W.Monroe Street
Jacksonville,FL 32202
Email:KHall@n?t.org
Phone:904-479-1967
30.SURVIVAL.The covenants,warranties,representations,indemnities and undertakings of Seller
set forth in this Agreement shall survive the closing,the delivery and recording of the deed described in
Paragraph 8 of this Agreement and Buyer's possession of the Property.
31.SELLER RESTRICTIONS AND NAMING RIGHTS.Only in the event the Buyer
dissolves and must divest its holdings,the Buyer agrees to only transfer the Property to another
501(c)(3)organization or government entity either of which must have a primary mission similar
to the Buyer,that maintains the permanent conservation and preservation of the natural uses of
land.This provision shall appear as a resale restriction in the Deed to be given from Seller to
The Buyer agrees to coordinate with the Seller regarding the Property’s naming which may includebutisnotlimitedto“HARCOURT AND FLORENCE STOLBRAND BULL FAMILYMEMORIALPRESERVE,short title is Bull Family Preserve”.If the Propeity is transferred toanotherentityinaccordancewiththerestrictionsinthisSection,Buyer will make every effort Agenda Item #2.A.12 Sep 2022Page 10 of 89
SELLER
.A\ILIrIIiL'Hcach llulding Cumpu.n_v
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guammee Ihal this will be possible.
current Co
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The pro\'i ions in Ihis Section 31 shall sur\'i\e me closing comemplmed b_\1
3:‘-I (‘IAI (’()NlJl nN~:rh.»llu)ur ng 5 In “nrk nix}.Io-~I nlunn,pullllus ur ulhcr q
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as'uII'li-:\In wq-;I..n~pas c.nuuuru-h;m:u n:-:n.n upporlllnl -Illcluding hm um inlilcd u In
munch.\1V long :5 il um.-»nul ._-.-nm I uilh Buyer n xinn.I3u_~r ?lrdicr :1
pl an}i\condemned by a pub nc cmity pursuam m eminent dDl‘I1il n
di venl errons Io minimize the in1pacl to me Property while maxunizlng me colnpensation rm-
Iouards the rnanagelncnl and Inainlenance onhe Property or acquisnlion by Buyer or cnnscrvzl
uonproper1_\'adjacenl to or in Ihc vicinity ofthe Properly or olhcr snll vnarsh.
II HIIS NS I'RlVl\II-ZN’!IS \l()T I-'xIaCU'I‘I:|)nv .
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\.-Agenda Item #2.A.12 Sep 2022Page 11 of 89
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Agenda Item #2.A.12 Sep 2022Page 12 of 89
Exhibit B
Forest Avenue Docks
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4!:Agenda Item #2.A.12 Sep 2022Page 13 of 89
Page 14 of 89
AGENDA ITENI:
SUBIVIITTEIJ BY:
TODAY’S DATE:
IVIEETING DATE:
BACKGROUND:
BUDGET:
RECOl\/Il\/IENDATION:
ATTACHNIENT:
REVIEWED BY CITY MANAGER:
CITY OF ATLANTIC BEACH
CITY C01VIl\/IISSION NIEETING
STAFF REPORT
90-Day Calendar for the Ivlayor and Con-unission
Yvonne Calverley,Executive Assistant to the City i\/Ianager
August 29,2022
September 12,2022
The 90-day calendar is included on the agenda for the pur
pos
e
ofsetting
meeting dates and determining the location,time and whe
ther
to
videotape special meetings 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 e
a
c
h
agend
a
for
consideration.
15.:
-A Tovvn Hall Meeting is scheduled for Saturday,October 22from10am
to Noon at the Jordan Park Coinxnunity Center.
None
Approve the 90-Day Calendar for September through No
ve
mb
er
2022.
I)l\/Iayor and Con-unission 90-Day Calendar (September t
h
r
o
u
g
h
November
Agenda Item #3.A.12 Sep 2022Page 15 of 89
MAYOR AND COMMISSION
September 2022
SUNDAX MONDAY '\'NESD ’
f’RID.»‘\\
1 2 3
Special
Magistrate
Hearing 2 pm
4 5 5 7 8 9 10
Labor Day __SpegralMeeting
City Of?ces 0 CARAC
Closed 9 am
11 12 13 14 Mayofs Adviser}15 16 17
Commjsgiol]Mtg Special Meeting of
6330 Pm CARAC 3:30 pm
ESC Trcc ?ubcom
(1“"°°‘N°”i5)CARAC Meeting
6 D111 F,S(‘Mlg 6 pm
18 19 20 21 22 23 24
Community
Development ESC Outreach
Board Meeting Subcommntee
5 pm 3:30 pm
25 26 27 28 29 30
Commission Mtg ESC LEED
6:30 pm Subcommittee
(Invoc —Glasser)Noon Agenda Item #3.A.12 Sep 2022Page 16 of 89
MAYOR AND COMMISSION
October 2022
SUNDAY MONDAV TUESDAY \V’EDN THURSD Y FRIDAY SATURDAY
1
l
l
2 3 4 5 6 7 8
Fall Fest
11 am to 2 pm
(Donner Park)
9 10 11 12 Mayo1"s 13 14 15
Commission Mtg CARAC Mtg Advisory
(Invoc ~Bole)fee “cm"
La ‘ESC Mtg 6 pm
16 17 13 community 19 20 21 22 Family Fun my 5;l
Development Esc omrefmh Campnul-Russell Park
303115 s“b_°°'“mm°°Town Hau‘Mee:iug
6 pm 3330 Pm 10 am [Jordan Park)
23 24 25 26 2"28 29
Commission Mtg City Employee l
6:30 pm ESC LEED Picnic
(Invoc —Waters)Submmmmee 11:30 to 2:30 I
Noon (Russell Park)
l
30 31 j
iAgenda Item #3.A.12 Sep 2022Page 17 of 89
MAYOR AND COMMISSION
November 2022
WEDNESDM '1'HI;R5DA\‘I-'RIDA\SATURDAY
l 2 3 4 S
Mayor‘s Special
CARAC Mtg Advisory Council Magistrate
6 pm Noon Hearing
2 pm
6 T 8 9 ESC Tree 10 11 13
General Subcom 5:15 pm Veterans Day
_.Pension Board
El€Ctl0Il ESC Meenng Meeting City Offices
6 W"6:30 pm Closed
13 1-1 15 16 ESC LEED 17 1s '19
Commission Mtg Community Subcom Noon
6:30 pm Development ::.:s;;:::::
6 pm 3:30 pm
20 21 22 23 24 25 26
City Offices City Of?ces
Closed Closed
27 28 29 30
Commission Mtg
5:30 pm
Agenda Item #3.A.12 Sep 2022Page 18 of 89
Agenda Item #3.B.12 Sep 2022Page 19 of 89
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‘...f...,W.W.e«»,‘y,4‘m:¢«»,......w?,-.».«......£7.94,.m».y,¢M.wW~,V,,«Nm ,Agenda Item #3.B.12 Sep 2022Page 20 of 89
Two main vendors for Splash Pad toys:
Waterplay —www.waterplay.com
Vortex —https:[[www.vortex-int|.com[
Proposal from our designer incorporates elements from Waterplay
only due to Vortex cost
Original budget estimate for amenities "$60,000
Proposed amenity budget "$80,000
Agenda Item #3.B.12 Sep 2022Page 21 of 89
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Agenda Item #3.B.12 Sep 2022Page 22 of 89
Agenda Item #3.B.12 Sep 2022Page 23 of 89
-T-ft:B§AC—HgFL3’Agenda Item #3.B.12 Sep 2022Page 24 of 89
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Agenda Item #3.B.12 Sep 2022Page 25 of 89
Agenda Item #3.B.12 Sep 2022Page 26 of 89
Waterplay -Twist n’Spill 2
Cost -$14,770
Agenda Item #3.B.12 Sep 2022Page 27 of 89
Waterplay -Rain Forest
Agenda Item #3.B.12 Sep 2022Page 28 of 89
Waterplay -Ringling
RINGLING
0010-1431
Cost for 2 =$13,580
Agenda Item #3.B.12 Sep 2022Page 29 of 89
Waterplay —Magnify Eye
Cost -$5,900
Center logo can be whatever we want
Agenda Item #3.B.12 Sep 2022Page 30 of 89
Waterplay —Water Weaver 1
WATERWEAVERI
0010-5834
1'3&1‘
"x..
¥,__
*'\.?_
,gg;1”a1*
‘
“Elva.
4 .
Cost -$4,120
Agenda Item #3.B.12 Sep 2022Page 31 of 89
LIWPAD
0010-7491
Cost for 3 -$3,078
Waterplay -Lily Pad
Agenda Item #3.B.12 Sep 2022Page 32 of 89
Waterplay —Spray Tunnel 4
SPRAVTUNNELII
0010-7496
Cost -$2,165
_Agenda Item #3.B.12 Sep 2022Page 33 of 89
Waterplay -Charlotte's Web
Cost for 2 -$1,490
Agenda Item #3.B.12 Sep 2022Page 34 of 89
Waterplay -Fountain Mountain
Cost for 2 -$1,490
Agenda Item #3.B.12 Sep 2022Page 35 of 89
Waterplay —Team Effect Mini
Cost for 2 -$3,710
Agenda Item #3.B.12 Sep 2022Page 36 of 89
Waterplay —Tulip
Cost for 3 -$2,235
Agenda Item #3.B.12 Sep 2022Page 37 of 89
Waterplay —Play Phase
PLAVPHASENGEVSERMEDIUM
0010-5846
FINDILEXIIILITV
Wm!PllVPl|l8E"'
Easily phase,swap,update or
remove features throughout your
project l?acycle.The universal,
?ush-to-grade p|ayPHAsE base
is compatible with geyser sprays
(low,medium and high),winter
cap and freestanding features.
Cost for 8 -$4,640
Agenda Item #3.B.12 Sep 2022Page 38 of 89
Waterplay —Activator Power Post
Cost -$2,055
Agenda Item #3.B.12 Sep 2022Page 39 of 89
Descrigtion
ACTIVATOR POWER POST
CONTROLLERWTS BYOTHERS
Surge Protection Panel 00024113
(Recommended,North America only)
Drain 12 inch w 6 inch Outlet
FS MAGNIFEYE
FS PARASOL
FS RAlN FOREST
1=sRINGLING
FS TWlSTNSPILL2
FSVWATERWEAVER1
GS CHARLOTTEwee
GS FOUNTAINMOUNTAIN
GS ULYPAD
0010-7481;GS SOLO SPURT
GS SPRAYTUNNEL 4
0010-7486;GS THE WAVE
GS TEAM EFFECTMINI
GS TULIP
FS PLAYPHASE
3 or More -Lilypads
(5%Discount)
_Customer Price QTY
$2055.00
$7215.00
$355.00
$5900.00
$8300.00
$6235.00
$6790.00
$14770.00
$4120.00
$745.00
$745.00
$1080.00*
$2165.00
$3710.00
$745.00
$580.00
-$162.00*
1
1
....x U_)[\_)[\)_>.__\f\_)_.\._|._\[\)—‘COU.)
Amou nt
$2055.00
$7215.00
$710.00
$5900.00
$8300.00
$6235.00
$13580.00
$14770.00
$4120.00
$1490.00
$1490.00
$3240.00"'
$2165.00
$3710.00
$2235.00
$4640.00
-$162.00*
Budget Summary
Customer Price $8l693.00
*1 Plus applicable taxes *Agenda Item #3.B.12 Sep 2022Page 40 of 89
[lily Ill‘Jacksonville.Fl
llr
ill
a
Lenn y Curry,Ii/
Iayor
Housing nd community Development Divisio
nEdBuildi
ng214NorthHoganStree
t,
7-"Floor
Jacksonville.FL32202
(904)255-
820
0
om.=civv.nus JACKSONVILLE
June 17.2022
Shane Corbin
City Manager
City of Atlantic Beach
800 Seminole Rd.
Atlantic Beach,FL 32233
RE:FY2022-2023 Community Development Block Grant (coee)
Dear Mr.Corbin;
City Council has approved the City of Jacksonville's FY 2022-2023 recommended CDB
G
budg
etinthetotalamountof$7.058,616.The budget includes an award to the Main Street Safety
Iinprovements in the amount of $101,250.
Housing and Community Development Division (HCDD)requests the City of Atlanti
c
Beach
prepare a budget based on the allocation above.The City of Atlantic Beach is responsible forall
applicable requirements of the above project,other Federal regulations,and State and llaws
(See Attachment A).
After the City of Atlantic Beach has signed a final version of the agreement,HCDD will route
the agreement within the City of Jacksonville for review and signatures.in addition.H
C
D
D
staff
will set up and approve various financial processes to reimburse the City of Atlantic Bea
ch
forits
expenditures.These procedures could take more than 30 days.
Contracts will not be Issued to any organization that is not in compliance with t City's
Rules and Regulations (See Attachment B).Failure to comply prior to 12:00 p.
rn.
on
September 30,2022 will result In the delay or cancellation of any pending contract
s
and
pending funding re-appropriated to another activity or agency.
The commitment offunds is conditioned on the satisfactory completion of an environmental revie
wandreceiptoftheRequestforReleaseofFundsfromtheU.S.Department of Housing a Urba
nDevelopmentunder24CFRPart58,If required.Do not execute any contract agreement forthis
project that constitute Cl’|OiCe-iirl'|iUl'lQ actions for any CDBG or non—CDBG funds b
e
f
o
r
e
the
environmental review process has been completed and the County has rec'ved a R
el
e
a
s
e
of
Funds from HUD.Choice-lirniting actions are def ed by HUD as property acquisition.d
emovement.rehabilitation,conversion,and repair or construction prior to the environmental
Ion:Agenda Item #3.C.12 Sep 2022Page 41 of 89
Izity or Jauksnnv I Fl
or
id
a
one cnv.one JACKS()NVlLLl'_-.
Lenny Curry,Ivlayo
r
Housing and Community Development Divisio
nEdBuildin
g214NorthHoganStre
et,
7"‘Floor
Jacksonville.FL32202
(904
)
255~
8200
Attncllrnenl A
CDBG Sub Recipiclil RI.-spa sibilities include:
Financial Systems
Internal controls
Basic Accounting Records
Allowable Costs
Source Documentation
Budget Controls
Cash Management
Financial Reporting
Procurement and Contracting
General Procurement Requirements
Permitted Approaches
Bonding
Use of Local,Small,and VVomen—and
Mlnorlty—Owned Businesses
Section 3 residents
Property Managern nt and Disposition
General Responsibil
Real Property Use
Personal Property
Personal Property Disposition
Record—Keeping and Reporting
Requirements
Categories of Records
File Organization and Maintenance
Retention of Records
Access and Reporting Requirements
Admlnistralive and Program
Requirements of Subparts J and K of
24CFR 570
Program Income (24 CFR 570.500,
570.503,and 570.504
Programmatic and Budget Changes
Civil Rights and Fair Housing:Emp
loym
ent
and Contracting Opportunities (24 C
F
R57D.601—602.570.607)
Labor Standards (24 CFR 570.603)
Environmental Requirements (24
570.604)
Historic Preservation
National Flood Insurance Program (
24
CFR
570.605)
Floodplain Management (24 CFR 55)
Relocation.Real Property Acquisition,and
One-for-One Housing Replacement (24
CFR 570.606)
Lead-Based Paint (24 CFR 570.608 and
Part 35)
Political Activity (24 CFR 570.20‘/(a)(3)
Conflict of lnterst (24 CFR 570.61 1)
Program Monitoring (24 CFR 570.
501
(b).
24
CFR 84.5‘I(a)and (g),and 24 OFR 85.
40
(a)
and (e)
Suspension and Termination (24
570.503(b)(6)and 24 CFR 85.43414
)
Audits
Types of Audits and General Requir
ementsInternalControlandCompliance
Audit Reports
Auditor Selection,Procurement.a
n
d
Costs
Audit Review and Resolution
Closeout Requirements
General Requirements
Closeout Process
Adjustments to Cost and Cash
Continuing Sub recipient Responsi
Pa
ge
3of4
Agenda Item #3.C.12 Sep 2022Page 42 of 89
city of Janksnnv Fl
or
id
a
Lenny Curry
,
Iviaya
rw’Housing and Community Development Division
Ed Building
214 North Hogan Str
eet.
7"‘Floor
Jacksonville.FL32202
\')NE CITY ONE JACKSONVILLE.(
904
)
255-
8200
Attachrn en!B
Representations and Warranties of Recipient
(i)The Recipient is not in breach of any prior donation agreement or City Code pro
vis
ion
s
by
which the City donated property to the Recipient for the development of affordable hou
sing
;
(ii)The Recipient is not on the Council Auditor's noncompliance list pursuant to ?liaiile
i
Iin,or
the Vendor Debarment List pursuant to Clix-«pin:l2h,Ordinance Code:
(iii)The Recipient is not in breach of any of the conditions or requirements of a City g
r
a
n
t
award
or program:
(iv)The Recipient Is not delinquent on taxes or payment of liens,including code enf
orc
em
ent
,
nuisance liens,demolition liens,or other municipal liens or fines,on real property ow
ned
bythe
Recipient and incurred after the Recipient took ownership of the real property;
(v)The Recipient is not ln litigation against the City other than as an agent,attorney,g
u
a
r
d
i
a
n
,
or
personal representative of an estate.
Pa
ge
4of4
Agenda Item #3.C.12 Sep 2022Page 43 of 89
Page 44 of 89
?rnclamatiencf the
City at Qttantit i?eatb
in Recognition of
Constitution Week
WHEREAS,September 17,2022,marks the 235'“anniversary of the framing of
the Constitution of the United States of America by the Constitutional Convention;and
WHEREAS,the Constitution of the United States of America,the guardian of our
liberties,embodies the principles of limited government in a Republic dedicated to rule
by law;and
WHEREAS,it is ?tting and proper to accord of?cial recognition to this
magni?cent document and its anniversary,and to the patriotic celebrations which will
commemorate it;and
WHEREAS,Public Law 915 guarantees the issuing of a proclamation each year
by the President of the United States of America designating Sept.17 through 23 as
Constitution Week.
NOW,THEREFORE,I,Ellen Glasser,Mayor of the City of Atlantic Beach,
Florida,do hereby proclaim the week of September 17-23 as
CONSTITUTION WEEK
and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by
vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties.
City of Atlantic Beach to be affixed thisFirstdayofSeptember,2022.Ellen Glasser,yor Agenda Item #4.A.12 Sep 2022Page 45 of 89
Page 46 of 89
HB
Regulation of smoking by counties and municipalities
Local governments can create rules and
ordinances limiting or outright banning
smoking on public beaches and in public
parks.The only exception is "unfiltered cigars”or if the
additional restrictions "conflict with county ordinances,”when
the smaller government drafts the new regulation.
The new law is designed to protect people
from secondhand smoke and crack down on
the abundance of litter from cigarette butts in
recreational spaces.Agenda Item #4.B.12 Sep 2022Page 47 of 89
ESCRecommendations
Recommend that Commission rule to prohibit
smoking in all AB beaches and if allowed by law,
the prohibition will include beach accesses.
zuvmomnsum
STEWARDSHIP'COMMUTE!
(:lY‘v nr lllflrv lrf B-och
Agenda Item #4.B.12 Sep 2022Page 48 of 89
What others are doing?
-Indian Harbour Beach —established The following area considering a
designated smoking areas on smoking ban for beaches and
beaches and parks parks:
-Fined $50 for 1“citation and go up 'City of Gulfport
for additional violations
°Naples
-Collier county
°Dayton Beach
Agenda Item #4.B.12 Sep 2022Page 49 of 89
Page 50 of 89
ORDINANCE NO.2022-06
AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH,
BREVARD COUNTY,FLORIDA RELATING TO THE
ESTABLISHMENT OF DESIGNATED SMOKING AREAS WITHIN
MUNICIPAL PARKS AND BEACHES;AMENDING ARTICLE II,
CHAPTER 12 OF THE CODE OF ORDINANCES ADDING A NEW
SECTION 12-6 PROHIBITING SMOKING,AS AUTHORIZED BY
FLORIDA LAW EXCEPT WITHIN DESIGNATED SMOKINGAREAS
OF A MUNICIPAL PARK OR MUNCIPALLY CONTROLLED BEACH
AND BEACH PARK;PROVIDING SEVERABILITY,REPEAL,
CODIFICATIONAND AN EFFECTIVE DATE
WHEREAS,Florida Statute Chapter 386.209 provides that the regulation of
smoking is preempted to the State of Florida;and
WHEREAS,the youth of our community and communities throughout Florida
currently play on playgrounds,athletic fields,skate parks,aquatic facilities and other
recreation facilities with inconsiderate smokers around the children providing them
unhealthy secondhand smoke;and
WHEREAS,a report by the United States Department of Health and Human
Services,Surgeon General states tobacco smoke contains over 7,000 chemicals,
including hundreds that are toxic and up to 69 that are known to cause cancer and
exposure to secondhand smoke can cause numerous health problems and has been
linked to cancer and otherfatal diseases;and
WHEREAS,the staff analysis published for HB 105 references various studies
from United Health Foundation,America’s Health Rankings,the Centers for Disease
Control and Prevention,and others on the impact smoking has on the health of citizens;
and
WHEREAS,the reports referenced in the staff analysis for HB 105 further states
Secondhand smoke is generally defined as smoke from burning tobacco products or
smoke that is exhaled by a tobacco smoker.Exposure to secondhand smoke can cause
numerous health problems and has been causally linked to cancer and other fatal
diseases.Studies suggest that secondhand smoke in crowded outdoor areas can cause
concentrations of air contaminants comparable to those caused by indoor smoking.
smoker;andWHEREAS,the current law prohibits cities and counties from establishingreasonablesmoke-free zones or designated smoking areas so that our young people can Agenda Item #4.B.12 Sep 2022Page 51 of 89
Ordinance No.2022-06 Smoke—free Zones or Designated Smoking Areas in Public Parks
Page 2
enjoy playing on playgrounds,at recreation facilities,or athletic fields,or watching their
siblings play without encountering dangerous secondhand smoke;and
WHEREAS,SB 224 and HB 105 were filed in the Florida Legislature for the 2022
Legislative Session that would allow cities and counties to protect the youth of their
community through the designation of smoke—freezones or designated smoking areas;
and
WHEREAS,HB 105,as amended,passed the Florida Legislature on March 2,
2022 and will be transmitted to the Governor to sign into law,veto,or allow to become
law without his signature.If HB 105 becomes law that would allow cities and counties to
protect the youth of their community through the designation of smoke—free zones or
designated smoking areas;and
WHEREAS,in anticipation of the HB 105 becoming law on July 1,2022,the Indian
Harbour Beach City Council determines a public health and safety need to establish
designated smoking areas within the municipal parks and municipal beaches.
NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Indian
Harbour Beach,Brevard County,Florida,that:
Section 1.Section 6 of Article II of Chapter 12 is hereby added to the Code of
Ordinances and reads as follows:
“Sec.6.—Adoption of Designated Smoking Areas within Municipal Parks
and Municipal Beach Parks.
The City Council hereby adopts regulations prohibiting smoking,except in
designated areas of municipal parks and municipal beach parks and as
exempted by the Florida Legislature (filtered cigars),as authorized by
Florida Law,HB 105,adopted in the 2022 Legislative Session.
Section 2.In the event that any term,provision,clause or section of this ordinance
shall be held by a court of competent jurisdiction to be partially or wholly
unenforceable or invalid for any reason whatsoever,any such invalidity,or
illegality,or unenforceability shall not affect any of the other or remaining
terms,provisions,clauses,sentences,or sections of this ordinance,and
this ordinance shall be read and/or applied as if the invalid,illegal,or
unenforceable term,provision,clause,sentence,or section did not exist.
Section 3.in conflict herewith are hereby repealed.Section 4.The City Clerk of the City is hereby directed to incorporate Section 1 intotheCodeoftheCity.Agenda Item #4.B.12 Sep 2022Page 52 of 89
ommance Nu 2022-05 Srriake-free Zones or Deslgnaled Smoking Areas in Public Parks
Page 3
Section 5.This ordinance shall become effective on July 1.2022,and sthe
Governor veto HB 105,this ordinance shall become null and void
.
PASSED AND ADOPTED by the City Council of the City of Indian Harbour Beach,
Brevard County.Florida,this 28""day of June 2022.
Scott Ni kle
Mayor
Sue Frank,B/llv1C
Cil\/Clerk
First Reading:June 14.2022
Second Reading &Public Hearing:June 28,2022
Agenda Item #4.B.12 Sep 2022Page 53 of 89
Page 54 of 89
AGENDA ITENI:
SUBl\/IITTED BY:
TODAY‘S DATE:
MEETING DATE:
BACKGROUND :
BUDGET:
CITY OF ATLANTIC BEACH
CITY COl\/Il\’IISSION l\/IEETING
STAFF REPORT
Resollllion No.22-49 authorizing the leave cash—in prograrn as an City
bene?t for eligible employees
Cathy Varian,Hurnan Resources Dit'ecto1'(JV
August 3,2022
September 12,2022
Prior to 2013,City Employees had the opportunity twice a year tocash—
in
their
leave balances down to 120 hours.The rnaxirnurn leave balance w
as
960,soitwas
a coveted bene?t for employees.This prograrn was eliminated withmany
other employee benefits at the Iirfle.The current maximum l
e
a
v
e
balancefor
employees is 680.Due to staffing shortages,many employees ar
e
una
ble
totake
leave and therefore,lose accrued leave time.
Sorne type of leave cash—in was a priority for both unions this y
e
ar
andwasa
priority expressed by many during the bene?ts survey recently com
plet
ed
by
Hui-nan Resources.
Tile terms negotiated by the unions were to allow eniployees to upto50
hours of accrued personal leave on September 30 of each year,a
s
longasthey
maintain a balance of 80 hours of leave after the cash—iri.For budg
eting
purposes,
ernployees will be required to submit a request for leave cash—in July1ofeach
yean
The City benefits from this policy by paying employees for leave attheircurrent
rate of pay,rather than the larger salary they would be making upon ter
rn
in
ati
on
.
Human Resources will draft :1 Policy for the Employee Handbook andarequest
form for this purpose.
The potential budget impact has been calculated at $138,454.
RECONIIVIENDATION:Approve the addition of Leave Cash-in as a City of Atlantic benefitfor
its eligible employees,thus giving the City’:employees the opportunity to get paid for the
ir
accr
ued
leave
time rather than lose it.
ATTACHNI ENT :Resolution No.22-49
REVIEWED BY CITY MANAGER:
.
‘Agenda Item #8.A.12 Sep 2022Page 55 of 89
RESOLUTION NO.22-49
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
APPROVING THE ADDITIONAL OF THE LEAVE CASH-IN PROGRAM
AS AN ADDITION BENEFIT FOR ELIGIBLE EMPLOYEES.
WHEREAS,prior to 2013,City Employees had the opportunity twice a year to cash-in
their leave balances down to 120 hours.The maximum leave balance was 960,so it was a coveted
bene?t for employees;and
WHEREAS,the current maximum leave balance for employees is 680 on September 30.
Due to staf?ng shortages,many employees are unable to take leave and therefore,lose accrued
leave time;and
WHEREAS,some type of leave cash-in was a priority for both unions this year and was
a priority expressed by many during the bene?ts survey recently completed by Human Resources;
and
WHEREAS,the terms negotiated by the unions were to allow employees to cash-in up to
50 hours of accrued personal leave on September 30 of each year,as long as they maintained a
balance of 80 hours of leave after the cash-in.For budgeting purposes,employees will be required
to submit a request for leave cash-in by July 1 of each year;and
WHEREAS,the City bene?ts from this policy by paying employees for leave at their
current rate of pay,rather than the larger salary they would be making upon termination;and
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1.The City Commission recognizes the bene?t to employees of paid time off;
SECTION 2.The City Commission recognizes that due to staff shortages,some
employees are unable to use their accrued leave and once their accrued leave reaches the maximum
of 680 hours on September 30,it is lost by the employee;
SECTION 3.The City Commission hereby approves the addition a leave cash-in program
whereby employees are allowed to cash-in up to 50 hours of accrued personal leave on September
1 of each year,as long as they maintain a balance of 80 hours of leave after the cash-in.For
SECTION 4.Human Resources is directed to draft a policy for the employee handbookandarequestformforthispurpose;SECTION 5.This Resolution shall take effect on September 30,2022.Agenda Item #8.A.12 Sep 2022Page 56 of 89
PASSED AND ADOPTED by the City of Atlantic Beach,this 12th day of September,
2022.
Ellen Glasser,Mayor
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Brenna M.Durden,City Attorney
Agenda Item #8.A.12 Sep 2022Page 57 of 89
Page 58 of 89
AGENDA ITEIVI:
SUBIVIITTEI)BY:
TODAY'S DATE:
l\/IEETING DATE:
BACKGROUND:
BUDGET IIVIPACT:
CITY OF ATLANTIC BEACH
CITY COl\/IIVIISSION IVIEETING
STAFF REPORT
RESOLUTION 22-55
A RESOLUTION OF TIIE CITY OF ATLANTIC BEACI-I,
FLORUJA APPROVING AN INTERI.OCAL
AGIIEEIVIENT VVITH THE CITY (JF JACKSONVILLE T
OENSURE’l'FIA'I‘THE CITY OF JACKSONVILLE
QUALIFIES AS A QUALIFIED COUNTY TO RECEIVE
JACKSONVILLE REGIONAL FUNDS FRC)]Vl THE
OPIOID LITIGATION SETTLEMENT;AND PROVIDING
AN EFFECTIVE DATE
Melissa Burns,Director of Finance !‘\\/\’i1‘
August 30,2022
September 12,2022
On l\/lay I5.2018,'l'he State of Florida ?led a complain
t
againstthe
Pharmaceutical supply Chain seeking damages alleging thedeceptive
marketing oropioid pain medications and downplaying the riskor
addiction imposing harm to our communities violating Fl
or
id
a
law.A
Settlement Agreernent and Release was entered into Ja
nu
ar
y
15,2022
resolving claims associated with the Opioid Litigation.D
uv
al
county,the
Beaches and Baldwin are scheduled to receive approxirnately $47.5million
in abateinent payments as part oflhe $1.6 billion froln a nation
al
$23.5billion
settlement reached from rout of the major drug companies fortheirpartin
the opioid epidemic.
Terms and conditions ofthe settlement ./\grz:en1en(and Rele
ase
requiresthe
City ofJacksonville to comply with 26 CFR 1.468B—l Qual
i?ed
settlement
Funds.The city of Atlantic Beach supports the city or asa
“(Qualified County”by entering into this Interlocal Agreement Betwee
n
the
city of Jacksonville,the city or Atlantic Beach,the City ofJackso
nville,Beach,the city or Neptune Beach and the Town or Baldwin Fordistributi
onoropilitigationsettlementproceedsensuringthatthecityorl
ack
son
vill
c
quali?es as a “Quali?ed County“and receives the Jackson
vl
leRegional
Funds pursuant to the Florida Plan.
The money allocated to the City of Atlantic Beach will be outoverthe
course ofeightcen (18)years and is speci?cally intended fo
r
usetoincrease
the Funding on opioid and substance abuse education tieatmen
t,
prevention
and other related programs and services to ensure prevention,educ
ation
and
treatment for opioid abuse.
A total amount equal to approxirnalely $99,374 distributed o
v
e
r
an18-year
period.Agenda Item #8.B.12 Sep 2022Page 59 of 89
RECOMMENDATION:Commission discuss and approve Resolution No.22-55.
ATTACH]\’IENT(S):Resolution No.22~55
Interlocal Agreernent
REVIEVVED BY CITY MANAGER:Agenda Item #8.B.12 Sep 2022Page 60 of 89
RESOLUTION 22-55
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA
APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF
JACKSONVILLE TO ENSURE THAT THE CITY OF JACKSONVILLE
QUALIFIES AS A QUALIFIED COUNTY TO RECEIVE JACKSONVILLE
REGIONAL FUNDS FROM THE OPIOID LITIGATION SETTLEMENT;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS,the City of Jacksonville participated in the Opioid Litigation seeking
damages from the Opioid Epidemic;and
WHEREAS,a settlement fund known as the Regional Fund has been established by the
State of Florida;and
WHEREAS,the City of Jacksonville must qualify as a Quali?edCounty in order to access
the Regional Fund;and
WHEREAS,it is in the best interest of the City of Atlantic Beach to ensure that the City
of Jacksonville is a Quali?edCounty.
NOW,THEREFORE,BE IT RESOLOVED by the City Commission of the City of
Atlantic Beach,Florida,that
l.The City Commission authorizes the Mayor and the City Manager to
execute the interlocal agreement with the City of Jacksonville.
2.This resolution shall take effect immediately upon its passage and
adoption by the City Commission of the City of Atlantic Beach,Florida.
ADOPTED by the City Commission of the City of Atlantic Beach,Florida on the 12”‘day of
September 2022.
Ellen Glasser
Mayor/Presiding Of?cer
Approved as to form and correctness:
City AttorneyATTEST:Donna L.BartleCityClerk Agenda Item #8.B.12 Sep 2022Page 61 of 89
Prepared by and Return to:
Tiffiny Douglas Pinkstaff,Esq.
Office of General Counsel
117 West Duval Street,Suite 480
Jacksonville,Florida 32202
INTERLOCAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE,
THE CITY OF ATLANTIC BEACH,THE CITY OF JACKSONVILLE BEACH,
THE CITY OF NEPTUNE BEACH,AND THE TOWN OF BALDWIN
FOR DISTRIBUTION OF OPIOID LITIGATION SETTLEMENT PROCEEDS
THIS INTERLOCAL AGREEMENT (“Agreement”)is made and entered into as of the
_day of ,2022,by and between the Consolidated City of Jacksonville (“City of
Jacksonville”)and each of the four municipalities,the City of Atlantic Beach,the City of
Jacksonville Beach,the City of Neptune Beach and the Town of Baldwin (collectively
“Municipalities”),and shall become effective upon ?ling with the Clerk of the Circuit and County
Courts,as herein provided (“Effective Date”).
WITNESSETH:
WHEREAS,a national epidemic arose as a result of the manufacture,distribution,and
over—prescribingof opioid analgesics and resulted in opioid overdoses and addictions throughout
Duval County and the entire State of Florida (“Opioid Epidemic”);and
WHEREAS,the State of Florida ?led an action pending in Pasco County,Florida,and a
number of Florida cities and counties,including the City of Jacksonville,have also ?led an action
titled In re:National Prescription Opiate Litigation,MDL No.2804 (N .D.Ohio)(“Opioid
Litigation”),seeking damages resulting from the Opioid Epidemic;and
WHEREAS,proposed settlements have been developed to resolve certain claims brought
in the Opioid Litigation;and
WHEREAS,the Attorney General for the State of Florida (“Attorney General”)
anticipates that settlement funds arising out of the Opioid Litigation will be distributed to the State
of Florida over multiple years as part of a global settlement,and not directly distributed to the City
of Jacksonville or the Municipalities;and
WHEREAS,the Florida Memorandum of Understanding a/k/a Florida Opioid Allocation
and Statewide Response Agreement (“Florida Plan”attached hereto as Exhibit A)sets forth the
proposed allocation and use of Opioid Litigation settlement funds and divides the settlement fundsintothreefunds:(1)the City/County fund;(2)the Regional Fund;and (3)the State Fund;andWHEREAS,to receive its share of the Regional Fund (“Jacksonville Regional Funds”asde?ned herein),the City of Jacksonville must qualify as a “Quali?edCounty”(as that term isde?ned in the Florida Plan);and Agenda Item #8.B.12 Sep 2022Page 62 of 89
WHEREAS,the City of Jacksonville and the Municipalities recognize that it is in their
best interests to enter into this Agreement in order to ensure that the City of Jacksonville quali?es
as a “Quali?edCounty”to receive the Jacksonville Regional Funds pursuant to the Florida Plan.
NOW,THEREFORE,IN CONSIDERATION of the mutual covenants herein contained
and for other good and valuable consideration,the legal suf?ciency of which is acknowledged by
the parties,the parties agree as follows:
1.Recitals.The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2.Authorig.This Agreement is entered into by the parties pursuant to the authority
provided by Section 163.01,Florida Statutes.
3.Definitions.Unless otherwise de?ned herein,all de?ned terms in the Florida Plan
are incorporated herein and shall have the same meanings as in the Florida Plan.
4.“Jacksonville Regional Funds.”The term “Jacksonville Regional Funds”shall
mean the amount of the Regional Funds remitted to the City of Jacksonville by the State of Florida
in accordance with the Florida Plan provided that the City of Jacksonville quali?es as a Quali?ed
County under the Florida Plan.The City acknowledges and agrees to take all steps needed to
qualify as a Quali?edCounty.
5.Distribution of Jacksonville Regional Funds.The parties agree that the received
Jacksonville Regional Funds will be allocated to the City of Jacksonville and the Municipalities in
accordance with the Adjusted Population Estimates for Florida Counties and Municipalities Used
for State Revenue-Sharing Calculations as provided in the Local Government Financial
Information Handbook current at the time of each settlement fund distribution.Distribution of
said settlement funds by the City of Jacksonville to the Municipalities shall occur within forty-?ve
(45)days from the date of receipt by the City of Jacksonville.By way of example,for the Fiscal
Year 2021-22 State Revenue-Sharing Calculations,the 2020 Adjusted Population Estimates (less
inmates)for Florida Counties and Municipalities found at Appendix A of the November 2021
Local Government Financial Information Handbook (pg.276)were used as follows:
April 1,2020 FY 2021/22
Total Population State Revenue-Sharing Percentages
Jacksonville 935,660 95.3306%
Jacksonville Beach 23,394 2.3835%
Atlantic Beach 13,824 1,4085%
Baldwin 1,419 0.1446%TOTAL 981,490 100.0000%6.Section Headings.All section headings used in this Agreement have been insertedforconvenienceonly.Such section headings shall not be used in the interpretation or constructionofthetextofthisAgreement.Agenda Item #8.B.12 Sep 2022Page 63 of 89
7.Construction.The parties acknowledge that they have had meaningful input into
the terms and conditions contained in this Agreement.Therefore,any doubtful or ambiguous
provisions contained herein shall not be construed against the party who physically prepared this
Agreement.The rule sometimes referred to as “Fortius Contra Proferentum”shall not be applied
to the interpretation of this Agreement.
8.Entire Agreement.This Agreement constitutes the entire agreement between the
parties hereto for the distribution of Settlement Proceeds.No statement,representation,writing,
understanding,agreement,course of action or course of conduct,made by any party,or any
representative of any party,which is not expressed herein shall be binding.All changes to,
additions to,modi?cation of,or amendment to this Agreement,or any of the terms,provisions and
conditions hereof,shall be binding only when in writing and signed by the authorized of?cer,
agent,or representative of each of the parties hereto.
9.Counterparts.This Agreement,and all amendments thereto,may be executed in
several counterparts,each of which shall be deemed an original,and all of such counterparts
together shall constituted one and the same instrument.Delivery of a counterpart by electronic
means shall be valid and enforceable for all purposes.
[Remainder of the page is intentionally left blank.Signature pages to immediately follow.]Agenda Item #8.B.12 Sep 2022Page 64 of 89
IN WITNESS WHEREOF,the City of Jacksonville,by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:CITY OF JACKSONVILLE
By:By:
Name:James R.McCain,Jr.Name:Lenny Curry
Title:Corporation Secretary Title:Mayor
Form Approved:
Office of General Counsel
Agenda Item #8.B.12 Sep 2022Page 65 of 89
IN WITNESS WHEREOF,the City of Atlantic Beach,by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:CITY OF ATLANTIC BEACH
By:By:
Donna L.Bartle,City Clerk Ellen Glasser,Mayor
800 Seminole Road
Atlantic Beach,Florida 32233 Date:
Approved as to form and legal sufficiency:
Brenna M.Durden,City Attorney
Agenda Item #8.B.12 Sep 2022Page 66 of 89
IN WITNESS WHEREOF,the City of Jacksonville Beach,by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:CITY OF JACKSONVILLE BEACH
By:By:
Sheri Gosselin,City Clerk Christine Hoffman,Mayor
11 North 3rd Street 11 North 3rd Street
Jacksonville Beach,Florida 32250 Jacksonville Beach,Florida 32250
By:
Mike Staffopoulos,City Manager
11 North 3rd Street
Jacksonville Beach,Florida 32250
Approved as to form and legal sufficiency:
Sandra R.Robinson,City Attorney
Agenda Item #8.B.12 Sep 2022Page 67 of 89
IN WITNESS WHEREOF,the City of Neptune Beach,by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:CITY OF NEPTUNE BEACH
By:By:
Catherine Ponson,City Clerk Elaine Brown,Mayor
116 1st Street 116 1st Street
Neptune Beach,Florida 32266 Neptune Beach,Florida 32266
By:
Stefen Wynn,City Manager
116 1st Street
Neptune Beach,Florida 32266
Agenda Item #8.B.12 Sep 2022Page 68 of 89
IN WITNESS WHEREOF,the Town of Baldwin,by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year first
above written.
ATTEST:TOWN OF BALDWIN
By:
Lula Hill,Town Clerk Sean T.Lynch
Mayor
Form Approved:Agenda Item #8.B.12 Sep 2022Page 69 of 89
Page 70 of 89
CITY OF ATLANTIC BEACH
CITY COlVIl\’IISSI()N IVIEETING
STAFF REPORT
AGENDA ITENI:Resolution NO.22-56 Awarding Bid 2l22—l2:lVILI|ti-Yeai‘Contract for
Janitorial Services For City Facilities
SUBl\/IITTED BY:Scott Williams,Public V\/orks Director
DATE:August 29,2022
l\’IEETING DATE:Septernber I2,2022
BACICGROUND:On July 28,2022 six colhpanies attended the Mandatory Pre—Bid for
Bid 2l22—l2:l\/lulti—Year Contract for Janitorial Services for City Facilities.A bid opening washeld
on August 24,2022 and two bids xvere received as follows:
Bidder Total Annual Cost
Royal Cleaning Services $57,900
Southern Cleaning Services $107,333
Janitorial services include the following locations and frequency:
Three Days gar Week _Illonrlag,IVe(InesrIny,FJ~i(Ing:City Hall &Comrnission Chambers;Publi
cSafety;Public Works;Wastevvater Plant (Office/Lab);Water Plant #|;Water Plant #2;Pu
bli
c
Utilities.
Five Davs Der ll/eck —Motntlav thru Frldtlsvz City Hall (restrooms &lobby only);Adele
Cultural Center;Donner Community Center;Jordan Community Center.
The period ofthe contract shall commence on October I,2022 and shall terminate ?ve (5)ye
ars
a?er
the date of con1mencement.The City and/or the Contractor n1ay cancel the contract at the e
n
d
ofthe
3"‘or 4"‘year,without cause,upon six (6)months prior written notice.
The low bidder,Royal Cleaning Services,sublnitted a total annual cost of$S7,90O and pr
ov
ide
d
all
required documentation in their bid subrnittal.
RECOIVIIVIENDATION:Approve Resoltllion No.22-56 awarding Bid 2l22-12:lVlLIlti»\’
eaI‘Contract for Janitorial Services for City Facilities to Royal Cleaning Services in the annual am
ou
nt
OI‘
$57,900.
ATTACI‘Il\/I NTS:Resoltltion 22-56
2I22-l2 Bid Analysis
2I22—l2 Bid Tabulation
BUDGET:$62,000 for Janitorial Services is budgeted in FY 22-23 in the Buil
dingMaintenanceaccountnulnber00I-I O12-5 l9»3400.
,Z 2REVIEVVEDBYCITYMANAGER:Agenda Item #8.C.12 Sep 2022Page 71 of 89
RESOLUTION NO.22-56
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AWARDING BID NO.2122-12:
MULTI—YEAR CONTRACT FOR JANITORIAL SERVICES,SUBJECT TO THE PROVISIONS OF
THIS RESOLUTION.
WHEREAS,on August 24,2022,two bids were received and opened for City Bid No.
2122-12:Multi-Year Contract for Janitorial Services;and
WHEREAS,the low bidder,Royal Cleaning Services submitted a total annual cost of $57,900 and
provided all required documentation in their bid submittal;and
WHEREAS,the areas to be cleaned three days per week include City Hall &Commission Chambers,
Public Safety,Public Works,WWTP Office/Lab,Water Plant #1,Water Plant #2 and Public Utilities;and
WHEREAS,the areas to be cleaned five days per week include City Hall (restrooms &lobby only);
Adele Grage Cultural Center,Donner Community Center and Jordan Community Center;and
WHEREAS,the period of the contract shall commence October 1,2022 and shall terminate ?ve (5)years
after the date of commencement,subject to annual appropriationsas may be approved for this purpose.The City
and/or the Contractor may cancel the contract at the end of the 3”‘or 4"‘anniversary year,without cause,upon six
(6)months written notice;and
WHEREAS,$62,000 has been requested for Janitorial Services in the upcoming FY22-23 budget under
the Building Maintenance account number 001-1012-519-3400.The current contract annual cost is $57,600 and
this proposed new contract annual cost is only $300 more,i.e.$57,900.The additional budgeted money can be
used on an as needed basis for any additional cleaning needs that may not be included in the specifications.
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.2122-12:Multi-Year Contract
for Janitorial Services to Royal Cleaning Services.
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 12"‘day of September,2022.
Attest:Donna L.Baitle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.C.12 Sep 2022Page 72 of 89
City of Atlantic Beach
Multi-Year Contract:Janitorial Services for City Facilities
August 24,2022
BID 2122-12 3:00 PM
Required Documents Royal Cleaning Services Southern Cleaning Services
Submission in Triplicate -All Documents X X
Document RequirementsChecklist X X
Bid Form X X
w-9 Form X X
Drug Free Workplace X X
Public Entity Crimes Statement X X
Public Records Provisions REQUESTED X
E-Verify Fonn X X
New Vendor Information Form X X
Facilities Walk~Througll Signature Sheet X X
Proof of Insurance GENERAL LIABILITY ONLY X
Proof of Being in Business for Five (5)Years X X
Proof of Experience -Five (5)Years "0 X
References -Three (3)With Start/End Dates X X
Business Tax Receipt X X
Janitorial Services Bond —$100,000 REQUESTED “°
Agree to Base Bid of Speci?cations REQUESTED X
Proof of Receipt of Addenda-2 dated 7/I4 &s/19 "°"°
Total Annual Cost for all Ten (10)City Facilities $51,900.00 $107,338.00
"WAS $107333.AND THE ACTUAL AMOUNT IS $107,307.84
“WHILE VERIFVING BIDS.A MATHEMATICALERROR WAS FOUND WITH SOUTHERN CLEANING SERVICES THEIR WRITTENAMOUNT
Award of Bill mm on Department Analysis and City Manager nvldlorCommission Approval Agenda Item #8.C.12 Sep 2022Page 73 of 89
BID 2122-12
JANITORIAL SERVICES FOR CITY FACILITIES
AUGUST 24,2022
ROYAL CLEANING SERVICES SOUTHERN CLEANING SERVICES
BASE BID ITEMS BYLOCATION Months MONTH LY TOTAL COST MONTHLY TOTAL COST
City Hall 800 SEMINOLEROAD 12 $1,000.00 $12,000.00 $1,574.58 $18,894.96
Police Department 850 Seminole Road 12 $1,300.00 $15,600.00 $902.58 $10,830.96
Public Works 1200 Sandpiper Lane 12 $300.00 $3,600.00 $895.58 $10,746.96
WWTP 1100 Sandpiper Lane 12 $150.00 $1,800.00 $895.58 $10,746.96
Water Plant #1 469 11th Street 12 $150.00 $1,800.00 $779.00 $9,348.00
Water Plant #2 2301 Mayport Road 12 $150.00 $1,800.00 $779.00 $9,348.00
Public Utilities Bldg 902 Assisi Lane 12 $275.00 $3,300.00 $779.00 $9,348.00
Adel Grage 716 Ocean Blvd.12 $500.00 $6,000.00 $779.00 $9,348.00
Donner Park 2072 George Street 12 $500.00 $6,000.00 $779.00 $9,348.00
Jordan Park 1671 Francis Street 12
’I
$500.00 $6,000.00
I
$779.00
»
$9,348.00
illlllllllllllllllllllililllllllllllllllllllllllllllllI..'llllllllll ll llllllll lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll"llllllllllllllllllllllllllllwillllllllllllllllllllllllllll
lll‘
..‘lllllllllll llllllllllllllllll lllllllllilllllllllllllllllllllll
lllllllllllllllllllllllllllllllll
lllllllllllllllllllllllllllllllll
l
TOTAL ANNUAL BID PRICE $107,307.84
lllll l!lllllllllilllllEllllW Wllllllll!llllU''‘"llwlllllllllllllllllllllllllllllllwllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll »llllllllll1lllllllll1llllll Illlllllllllllllllllllllll’lllilllllll‘llllllllllllllllllllllllllllllllllllllllllllllllllll
lllllllllllllll
I
**WHILEVERIFYINGBIDS,A MATHEMATICAL ERROR WAS FOUND WITH SOUTHERN CLEANING SERVICES.THE WRITTEN BID IS $107,338,AND THE
**ACTUALAMOUNT IS $107,307.84
Agenda Item #8.C.12 Sep 2022Page 74 of 89
CITY OF ATLANTIC BEACH
CITY COIVIXVIISSION IVIEETING
STAFF REPORT
AGENDA ITEIVI:Resolution N04 22<57 Awarding Bid 2l22—l3:l\/lLIlli—Yesll‘Contract for
Street Svveeping/VacI.lLIn1iI1g for the Public Works Deparlrnent
SUBNIITTED BY:Scott VVilliarns,Public Works Director
DATE:August 29,2022
l\’IEETING DATE:Septernber I2,2022
BACKGROUND:On August 24,2022 a bid opening was held for Bid 2 l22—I3:l\/
lulti
—
\’ear
Contract for Street Sweeping/Vactlulning For the Public Works Department.street sweepin
g
isa
requirernent of the City’s NPDES permit.as well as requirement of our maintenance contra
ct
with
FDOT (to provide monthly swveeping of Atlantic Blvd.and I\/layport Rd.).
The speci?cations include the following areas:
FDOT Roadways (Atlantic Blvd.and l\/laypcvrl Rd.):~44 eenterline miles every
city streets:~55.s miles every other month.
City Hall Parking Lot:~7|.000 SF every other month.
Public Works Parking Lot:—-26,832 SF every other rnonth.
One bid was received ?'orn USA Services oFF|orida,LLC For an annual cost of$86,7l3.20.
USA Services is our current contractor for street sweeping/vacuuming services.Past perf
orm
zlnc
e
issues,mainly since the inception of the pandemic,(i.e.delays in receiving parts for lnecha
nicalrepairsandahighleveloFemployeeturnover),have affected the City’s level ofservioe,orlat
eappeartohavebeenirnprovirlgwiththecontractor.
The period of the contract shall commence on October 1,2022,and shall terminate ?ve (
5
)
year
s
after
the date ofcomrnencement.The City and/or the Contractor may cancel the contract at the en
d
ofthe
3rd or 4*year,without cause,upon six (5)lnonths prior written notice.
RECOIVIRIENDATION:Approve Resolution No.21<57 awarding Bid 2122-I3:lVILllti»
Yeal‘Contract For Street Sweeping/Vacuurning ror the Public Works Departrnent in the annual or
$86,713.20 to USA Services OF Florida,LLC.
ATTACHMENTS:Resolution 22757
2 I 22»l 2 Bid Analysis
2 I 22-l2 Bid Tabtllaticn
BUDGET:$50,000 was originally requested in the FY 22-23 in the Stormwater Accou
nt
470-
UO00—538—3400.This ?II1OLIl‘it has been increased to $86,7l3.2O by the Fi
na
nc
e
Director in order to aeeornrnod id price..
REVIEWED BY CITY NIANAGER:Agenda Item #8.D.12 Sep 2022Page 75 of 89
RESOLUTION NO.22-57
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AWARDING BID NO.2122-13:
MULTI-YEAR CONTRACT FOR STREET SWEEPING/VACUUMING FOR THE PUBLIC WORKS
DEPARTMENT,SUBJECT TO THE PROVISIONS OF THIS RESOLUTION.
WHEREAS,on August 24,2022,one bid was received and opened for City Bid No.
2122-13:Multi-Year Contract for Street Sweeping/Vacuuming for the Public Works Department;and
WHEREAS,the bidder,USA Services of Florida,LLC submitted a total annual cost of $86,713.20 and
provided all required documentation in their bid submittal;and ‘
WHEREAS,street sweeping is a requirement of the City’s NPDES permit,as well as requirement of our
maintenance contract with FDOT (to provide monthly sweeping of Atlantic Blvd.and Mayport Rd.);and
WHERES,the speci?cations include the following areas:FDOT Roadways (Atlantic Blvd.and Mayport Rd.)
on a monthly basis and City Streets,City Hall Parking Lot and Public Works Parking Lot every other month;and
WHEREAS,USA Services is our current contractor for street sweeping/vacuuming services.Past
performance issues,mainly since the inception of the pandemic,(i.e.delays in receiving parts for mechanical repairs
and a high level of employee turnover),have affected the City’s level of service,but of late appear to have been
improving with the contractor;and
WHEREAS,the period of the contract shall commence October 1,2022 and shall terminate ?ve (5)years
after the date of commencement,subject to annual appropriationsas may be approved for this purpose.The City and/or
the Contractor may cancel the contract at the end of the 3“or 4“‘anniversary year,without cause,upon six (6)months
written notice;and
WHEREAS,$86,713.20 has been requested for Street Sweeping Services in the upcoming FY22-23 budget
under the Stormwater account number 470-0000-53 8-3400.
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.2122-13:Multi-Year Contract for
Street Sweeping/Vacuuming for the Public Works Department to USA Services of Florida,LLC.
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 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.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 12"‘day of September,2022.
Ellen Glasser,MayorAttest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.D.12 Sep 2022Page 76 of 89
Bid 2122-13
Street Sweeping,Multi—Year Contract
BID 2122-13 BID ANALYSIS 3:00 PM
it A
2 2 2
A
A
~USA SERVICES OF FLORIDA
mu
$1025-00
$?—=664~00 “
Sweep/Vaduum City Hall Parkling Lot (~71,000 SF)$7,100.00 n
Sweep/Vacuum Public Works Parkling Lot (~26,3 82 SF)$2,638.20
TOTAL OF ITEMS 1 -4 $86,713.20
Award of Bid based on Department Analysis and City Manager and/or Commission Approval Agenda Item #8.D.12 Sep 2022Page 77 of 89
City of Atiantic Beach
Multi-Year Contract For Street SweepingNacuuming for Public Works Department
August 24,2022
BID 2122-13 3:00 PM
Required Documents
No
REQUESTED
No-ON EILE
No
Proof of Being in Business for Five (5)Years
Proof of Insurance
References -Three (3)
Proof of Experience -Five (5)Years With Start/End
Dates
Agrees to Base Bid of Speci?cations REQUESTED
Documentation of Any Addenda—1 Dated 07/15/2022
TOTAL OF ITEMS 1 -4 $86,713.20
USA Services
Award of Bid based on Department Analysis and City Manager and/or Commission Approval Agenda Item #8.D.12 Sep 2022Page 78 of 89
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution No.22-59 Awarding Bid No.2122-18 for the Interior
Painting of City Hall
SUBMITTED BY:Melissa Burns,Finance Department
TODAY’S DATE:August 31,2022
MEETINGDATE:September 12,2022
BACKGROUND:The City Hall building has not been updated since the addition was
constructed in 2004/2005.The interior is dated and in need ofa renewed look,including recoating all
painted surfaces.Staff requested bids for Bid 2122-18:Interior Painting of City Hall.The project
consists of furnishing all labor,materials and safety equipment necessary to properly prepare all
surfaces,and apply up to two (2)coats of paint throughout the building.This includes,but may not be
limited to thoroughly cleaning all ledges,baseboards,walls,doors,and casings,surface preparation,
surface repair,caulking,sealants,patching,sanding,miscellaneous incidentals,and the application of
the paint and primer coatings to the interior ofthe City Hall building.This includes all ofthe surfaces
within the cathedral area,and cleaning the lighting that hangs from the ceiling.
The specifications also calls for the contractor to move all furniture to gain access to all areas needing
prepped and painted,and return the furniture to its original location.
Staffheld a bid opening on August 31,2022 for City Bid 2122-18:Interior Painting ofCity Hall.This
was a lump sum bid,and the bid form provided two cost options.One to perform work during normal
business hours,and the other to perform work after normal business hours.Two bids were received as
follows:
Five12 Painting &Remodeling:$42,000.00 Normal Business Hours
Five12 Painting &Remodeling:$57,000.00 After Normal Business Hours
Krystal Klean:$84,777.67 Normal Business Hours
Krystal Klean:$84,777.67 After Normal Business Hours
Five12 Painting and Remodeling provided the low bid;however,staff would like to recommend
awarding the bid to Krystal Klean.During the pre-bid meeting all contractors completed a walk-
through ofCity Hall to evaluate the scope ofwork.Krystal Klean asked ifthey could return to perform
another site visit to take measurements,and determine the safest way to work in the building.This
included bringing in other team members to do an extensive review ofwhat equipment would clear the
skylights in the lobby,and safely lift their employees and equipment in the cathedral areas.They also
focused on how not to cause damage to the existing floors,and hanging lights,and how to navigate the
During the pre-bid meeting walk-through we discussed that some areas of the building have vinylbaseboards,and whether they would be painted or not.Most of the contractors agreed that the paintwouldnotadherewellenoughtolastformultipleyears.The pre-bid minutes called out thereplacementofthevinylbaseboards.Agenda Item #8.E.12 Sep 2022Page 79 of 89
All bidders had the same opportunity to revisit the site.This is a large job that will ta
ke
careful
planning,and coordinating by the contractor and the City.Staff Feels that Krystal Klean madethe
efforts to Fainiliarize themselves with the nature ofthe job,and has subinitted a realistic Basedon
this.staff has determined this choice to be in the best interest of the City.They are local a
n
d
havethe
rnanpovver to complete the task.They have submitted all required documents in their submi
ttal,including positive references.
BUDGET:The FY 2|-22 budget contains $l29.46l.00 in the Building
account O01 —I0 I 2-5 19-6200 For the Interior Painting of City
RECOMMENDATION:Approve Resolution No.22-59 awarding Bid No.2122-
18:
Interior
Painting ofCity Hall to KI‘ystal Klean in the an1ount of $84,777
.67.
ATTACHR/IENTS:Resolution No.22-59
2122-18 Bid Tabulation
(Bids are on?le with the Cily Clerk ‘.9 O?icej
REVIEWED BY CITY MANAGER:Agenda Item #8.E.12 Sep 2022Page 80 of 89
RESOLUTION NO.22-59
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AWARDING BID NO.2122-18 FOR THE INTERIOR PAINTING OF CITY HALL;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND
PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING
AN EFFECTIVE DATE
WHEREAS,on August 31,2022 two bids were received and opened for City Bid
No.2122-18:Interior Painting of City Hall;and
WHEREAS,prices ranged from $42,000.00 to $84,777.67,with the low bid price of $42,000.00
submitted by Five12 Painting &Remodeling;and
WHEREAS,Five12 Painting &Remodeling submitted the low bid;however,staff feels that the
second bidder was more responsible,and recommends awarding the bid to Krystal Klean;and
WHEREAS,the project consists of furnishing all labor,materials and safety equipment necessary
to properly prepare all surfaces,and apply up to two (2)coats of paint throughout the building.This
includes,but may not be limited to thoroughly cleaning all ledges,baseboards,walls,doors,and
casings,surface preparation,surface repair,caulking,sealants,patching,sanding,miscellaneous
incidentals,and the applicationofthe paint and primer coatings to the interior ofthe City Hall building.
This includes all of the surfaces within the cathedral area,and cleaning the lighting that hangs from
the ceiling.Move and reposition all furniture,and replace vinyl baseboard where needed;and
WHEREAS,funds are available for this project in the Building Maintenance account 001-1012-
519-6200;and
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1.The City Commission hereby awards Bid 2122-18 to Krystal Klean in the amount
of $84,777.67 to perform the work for said bid in accordance with the bid specifications;
SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract
with Krystal Klean and approve a PurchaseOrder to said vendor in the amount of $84,777.67;
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 12*“day of September,2022.
Ellen Glasser,MayorAttest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.E.12 Sep 2022Page 81 of 89
City of Atlantic Beach
Interior Painting of City Hall
August 31,2022
BID 2122-18 3:00 PM
Fivel2 Painting &Remodeling LLC Krystal Klean
Required Documents 0 A A
A
A i A A L i N
C V i K
Submission in Triplicate —All Documents X X
Document Requirements Checklist -X X
Bid Fonn X X
Bid Bond —5%of Bid Bid Bond Form Only -N0 Bond X
Business Tax Receipt X X
W-9 X X
Drug Free Workplace X X
Public Entity Crimes Statement X X
Publice Records Provisions X X
E-Verify Fonn X X
New Vendor Information Form X X
Completed Facilities Walk-Through Fonn X X
Insurance X X
Proof of Being in Business for three (3)Years X X
Proof of Experience -Three (3)Years Did Not Provide Speci?cs X
References —Three (3)X X
Agree to Base Bid X X
Number of Employees Assigned to Pr<li<it_X X
X XReceitofAddenda-Three (3)
LUMP SUM BID —NORMAL WORKING HOURS $42,000.00 $84,777.67
LUMP SUM BID -AFTER NORMAL WORKING
HOURS $57,000.00 $34,777.67
Award of Bid based on Department Analysis and City Manager and/or Commission Approval Agenda Item #8.E.12 Sep 2022Page 82 of 89
AGENDA ITEIVI:
SUBIVIITTED BY:
TODAY’S DATE:
IVIEETING DATE:
BACKGROUND:
R_ECOlVl IVIENDATI ON:
ATTACHMENTS :
CITY OF ATLANTIC BEACH
CITY COMMISSION IVIEETING
STAFF REPORT
Resolution No.22~6O authorizing the City Manager to e
x
e
c
u
t
e
any
contracts and purchase orders as necessary pertainin
g
tothe
Department of Defense funding from the Defense
Infrastructure Pilot Program (DCIP)for and on behalf Cityof
Atlantic Beach.
Steve Swarm,City Engineer
Septernber 1,2022
September 12.2022
The City of Atlantic Beach is constructing a new water m
ai
n
along
the Old Sherry Drive right of way.This water rnain resultin
better service through increased pressure and flow in l\/
laypor
tRoad/Wonderwood Drive area.This water rnain will laythe
ground work for a future interconnection with NS 1\/
[ayport
thatwill
provide an emergeney source ofpotable water for both tCityand
NS l\/layportjn emergency situations.
The City recently subrnilted a DC]?grant application a
70%funding match,$596,000,of construction costs thewater
main.This project was selected as one of nineteen in U.S.this
year for likely funcling.If this grant is awarded as antici
pated
,
this
resolution will authorize the City l\/Ianager to execute thegrant
agreement.
>
The City Commission approve Resolution No.22-60
Resolution No.22-60
Old Sherry Drive wM Tie-In Figure
REVIEWED BY CITY MANAGER:Agenda Item #8.F.12 Sep 2022Page 83 of 89
RESOLUTION NO.22-60
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY CONTRACTS AND PURCHASE ORDERS AS
NECESSARY PERTAINING TO A DEFENSE COMMUNITIES INFRASTRUCTURE PILOT
GRANT PROGRAM FROM THE DEPARTMENT OF DEFENSE ON BEHALF OF THE
CITY OF ATLANTIC BEACH;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach recognizes there is a present and growing need to
address the capacity and pressure of the potable water system provided and serviced by the city;and
WHEREAS,the City of Atlantic Beach desires to implement potable water distribution
system improvements but requires ?nancial assistance,and the Department of Defense is soliciting
applications for the Defense Communities Infrastructure Pilot Grant Program;and
WHEREAS,the City of Atlantic Beach submitted an application for the Defense
Communities Infrastructure Pilot Grant Program funding for extending a potable water main along
the Old Sherry Drive right of way to provide for a future interconnection with Naval Station
Mayport,
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach
as follows:
Section 1.The above recitals are true and correct,and are incorporated herein.
Section 2.The City Manager is authorized to execute any contracts and purchase orders
necessary to effectuate the provisions of the Resolution.
Section 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 12”‘day of September 2022.
Ellen Glasser,Mayor
Attest:
Approved as to form and correctness:Brenna M.Durden,City Attorney Agenda Item #8.F.12 Sep 2022Page 84 of 89
TlE—I TO EXISTING "
WATER MAIN
ROPOSED ~
27o
o
FEET OF 12''PVC/
HDPE WATER M
AI
N
TIE-IN TO EIST
ING10"VVATR |\/
IAIN
G=os53-3353-7 Old Sherry Dr VVM Extension
for Future NS Mayport Tie-In
Agenda Item #8.F.12 Sep 2022Page 85 of 89
Page 86 of 89
AGENDA ITEIVI:
SUBIVIITTED BY:
TODAY’S DATE:
IVIEETING DATE:
BACKGROUND:
BUDGET IIVIPACT:
REC0l\/Il\’IENDATION:
ATTACHMENTS :
LINI(:
REVIEVVEI)BY CITY MANAGER:
CITY OF ATLANTIC BEACH
CITY COIVIIVIISSION MEETING
STAFF REPORT
Ordinance 20-22-165
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR T
H
E
CITYOF
ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER1,
2022 AND ENDING SEPTEl\/IBER 30,2023
lvlelissa Burns.Director of Finance
Augllst 3 l ,2022
Septernber 12,2022
In order to adopt a rnillage rate and operating budget,the City Co
m
mis
sio
n
must
adhere to a strict process per state law.Please fund attached an forthepublic
hearings to be held on September 12"‘,2022 in the Commission Cha
rnb
ers
at6:30
p,rn.as was noticed to all property owners by the Duval Cou
nty
Property
Appi‘aisei"s Office.The format is the same as in previous year
s
andistoberead
into the record as presented in order to assure compliance TRIIVIlaws(s.
200.065,F.S.).
Prior to these hearings,the City Manager presented a Propose Op
erat
ing
Budget
and held three public workshops to revievv and make adjustrnen
ts
withtheCity
Cornn1ission’s guidance.The Proposed Operating Budget fun
ded
usingthe
rnillage rate of3.2285 mills.This is an l1.57%increase over rolle
d—
back
rate.
There will be a second public hearing for the ?nal adoption ofthemillageby
resolution and a second public hearing for the Final adoption oftheOperating
Budget,Ordinance No.20-22-165,on Septernber 26"‘2022 at p.rn.intheCity
Commission Chambers.
Proposed Fiscal Year 2022-2023 Budget Expenditures :$56,782,
536
I-Iold two public hearings as described in the attached outline tappr
ove
boththe
Tentative l\/Iillage Rate of 3.2285 mills and the Operating Budg
et
Ordina
nce
#20-
22—l 65 with total expenditures of $56,782.536
Ordinance 20—22—!65
FY2023 Proposed Budget (pdfversion)
F Y2U23 Proposed Bgggel
&C3;
4
g.»-/—'—-
_.‘Agenda Item #9.A.12 Sep 2022Page 87 of 89
ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR
FISCAL YEAR 2022/2023
First item to be considered:
Adoption of a Tentative Millage Rate
State the following:
The Millage Rate is 3.2285
The Tentative Millage Rate is 3.2285
The Roll—~BackRate is 2.8937
The Tentative Millage Rate is l 1.57%more than the roll back rate.
The purpose for adopting the millage rate of3.2285 is to maintain a level of ad valorem tax
revenue sufficient to maintain adequate funding for the existing level of services at anticipated
and proposed cost and to continue to maintain the City’s infrastructure.
Motion to adopt a Tentative Millage Rate for operating purposes of 3.2285
Open Public Hearing
Close Public Hearing and Vote
Second item to be considered:
Ordinance #20-22~l65 establishing the Operating Budget for ?scal year 2022/2023 of $56,782,536.
Motion to adopt Ordinance #20-22-165 establishing the Operating Budget for ?scal year 2022/2023.
Open a Public Hearing
Close Public Hearing and Vote Agenda Item #9.A.12 Sep 2022Page 88 of 89
ORDINANCE 20-22-165
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1,2022 AND ENDING SEPTEMBER 30,2023.
WHEREAS,the City Commission of the City of Atlantic Beach,Florida,on September 12,
2022 held a public hearing as required by Florida Statute 200.065;and
WHEREAS,The City Commission of the City of Atlantic Beach,Florida,set forth the
appropriations and revenue estimates for the budget for Fiscal Year beginning October 1,2022
and ending September 30,2023 in the amount of $56,782,536.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA,that;
1.The Fiscal Year 2022-2023 budget be adopted,and
2.This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on ?rst reading this 12th day of September,2022.
Passed by the City Commission on second and ?nal reading this _day of September,2022.
Ellen Glasser
Mayor/Presiding Of?cer
Approved as for form and correctness:
Brenna M.Durden
City Attorney
ATTEST:Donna L.BartleCityClerk Agenda Item #9.A.12 Sep 2022Page 89 of 89