09-12-22 Final Agenda
City of Atlantic Beach
Final 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
*
1.A.
Approve minutes of the Regular Commission Meeting of March 14, 2022.
03-14-22 Draft Commission Minutes
5 - 11
2. COURTESY OF FLOOR TO VISITORS
2.A.
Bull Family Preserve
Bull Family Preserve
13 - 21
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A.
Accept the 90-Day Calendar (Sept. - Nov. 2022)
90-Day Calendar (Sept. - Nov. 2022)
23 - 26
3.B.
Splash Pad
Splash Pad
27 - 48
3.C.
Main Street Grant
Main Street Grant
49 - 51
*
3.D.
Pine Street Stormwater Improvements
Pine Street Stormwater Improvements
53 - 57
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
4.A.
Constitution Week Proclamation (Mayor Glasser)
Constitution Week Proclamation
59
4.B.
Beach Smoking (Mayor Glasser)
Beach Smoking Presentation
Indian Harbour Beach Ordinance
61 - 67
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
Page 1 of 109
Regular City Commission - 12 Sep 2022
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
8.A.
RESOLUTION NO. 22-49
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE
ADDITION OF THE LEAVE CASH-IN PROGRAM AS AN ADDITIONAL BENEFIT FOR
ELIGIBLE EMPLOYEES.
Resolution No. 22-49
69 - 71
*
8.B.
RESOLUTION NO. 22-55
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING THE
INTERLOCAL AGREEMENT WITH THE CITY OF JACKSONVILLE, THE CITY OF
JACKSONVILLE BEACH, THE CITY OF NEPTUNE BEACH AND THE TOWN OF
BALDWIN FOR DISTRIBUTION OF OPIOID LITIGATION SETTLEMENT PROCEEDS, 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
73 - 83
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
85 - 88
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
89 - 92
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
93 - 96
Page 2 of 109
Regular City Commission - 12 Sep 2022
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
97 - 99
*
8.G.
RESOLUTION NO. 22-62
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO.
2122-14; FOR THE SELVA MARINA FORCE MAIN EXTENSION, SUBJECT TO THE
PROVISIONS OF THIS RESOLUTION.
Resolution No. 22-62
101 - 105
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
107 - 109
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
*
11.A.
City of Jacksonville Inquiry Re Inclusion of AB in COJ’s Prohibition of Internet Café
and Casino Ordinance (CA Durden)
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,
Page 3 of 109
Regular City Commission - 12 Sep 2022
and, for such purpose, may need to ensure that a verbatim record of the proceed ings 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 agen da 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 4 of 109
Regular City Commission
March 14, 2022
MINUTES
Regular City Commission Meeting
Monday, March 14, 2022 - 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
Candace Kelly, Commissioner - Seat 4
Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5
Absent: Michael Waters, Commissioner - Seat 3
Also Present: Shane Corbin, City Manager (CM)
Brenna Durden, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Kevin Hogencamp, Deputy City Manager (DCM)
Ladayija Nichols, Deputy City Clerk (DCC)
1 APPROVAL OF MINUTES
1A. Approve minutes of the Regular Commission Meeting of November 8, 2021.
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. Fletcher High School Girls Soccer Proclamation
Mayor Glasser reported on this item and explained that the proclamation was presented to
the team along with a key to the city.
2B. Government Finance Professionals Week Proclamation
Mayor Glasser read and presented the Proclamation to Finance Director (FD) Melissa Burns.
PUBLIC COMMENT
Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to
Visitors. There were no speakers.
Page 1 of 7
Agenda Item #1.A.
12 Sep 2022
Page 5 of 109
Regular City Commission
March 14, 2022
3 CITY MANAGER REPORTS
Loren Rellah, Accreditation Manager, and Police Lieutenant Chase Jamison reported on the Police
Department's reaccreditation. Mayor Glasser commended Ms. Rellah and the Police Department for
receiving a flawless report.
3A. Accept the 90-Day Calendar (March - May 2022)
CM Corbin added March 17, 2022 Parent's Night at the Jordan Community Center to the
Calendar and explained the event.
There was CONSENSUS to accept the 90-Day Calendar.
3B. Pay Scale Adjustments
CM Corbin gave a brief overview. Finance Director (FD) Melissa Burns and HR Director
(HRD) Cathy Varian explained the item as detailed in the agenda packet and answered
questions from the Commission.
Mayor Glasser clarified that nothing was being voted on tonight; the Commission will
provide additional direction to the city manager
Mayor Glasser confirmed that the scenarios provided do not include the charter officers,
sworn officers, and Emergency Communication Operators. She expressed desire to address
adjustments for seasonal employees.
There was discussion about offering and enhancing other benefits. The Commission
provided direction to HRD Varian to bring back a maternity leave policy, a list of benefits
to consider, and comparison data from other neighboring cities.
The Commission provided direction to HRD Varian and FD Burns to provide options that
include the department heads and exclude department heads. This was narrowed down to
options 8, 11 and 12 of the scenarios slide from the agenda packet. Examples of these
scenarios, with no midpoint, were also requested.
CM Corbin recapped the guidance given, stating that additional discussion will be
needed at the next meeting; reduce the number of options on the table, and provide
examples of how the options would impact different employees, without the midpoint
calculations.
3C. Community Centers Program
CM Corbin reported on the upcoming Parent Info Night, and changes to spaces and content
at the Jordan Center.
3D. Veteran Park Bathrooms
CM Corbin reported on this item as he showed the photos included in the agenda packet.
4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Page 2 of 7
Agenda Item #1.A.
12 Sep 2022
Page 6 of 109
Regular City Commission
March 14, 2022
Commissioner Bole commended the garbage collection.
Commissioner Kelly requested considering a Mobi-Mat and a couple of new beach wheelchairs
with the lifeguard station upgrades.
Commissioner Norris clarified an item on the agenda.
Mayor Glasser reported on the Florida Legislative Session and how those topics affect the
City.
5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6 COMMITTEE REPORTS
None.
7 ACTION ON RESOLUTIONS
7A. RESOLUTION NO. 22-21
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO HANSON
PROFESSIONAL SERVICES FOR DESIGN AND ENGINEERING SERVICES FOR
DRAINAGE IMPROVEMENTS IN THE MARY STREET AREA; AUTHORIZING
THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS
IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Glasser read the Resolution by title.
CM Corbin and City Engineer (CE) Steve Swann explained the Resolution.
MOTION: Adopt Resolution No. 22-21.
Motion: Candace Kelly
Second: Brittany Norris
Ellen Glasser For
Bruce Bole For
Candace Kelly (Moved By) For
Brittany Norris (Seconded By) For
Motion passed 4 to 0.
7B. RESOLUTION NO. 22-22
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING
BID NO. 2122-03 FOR THE ASPHALT SHINGLE ROOF REPLACEMENT AT
CITY HALL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
Page 3 of 7
Agenda Item #1.A.
12 Sep 2022
Page 7 of 109
Regular City Commission
March 14, 2022
CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Glasser read the Resolution by title.
CM Corbin and Public Works Director (PWD) Scott Williams explained the Resolution and
answered questions from the Commission.
MOTION: Adopt Resolution No. 22-22.
Motion: Brittany Norris
Second: Candace Kelly
Ellen Glasser For
Bruce Bole For
Candace Kelly (Seconded By) For
Brittany Norris (Moved By) For
Motion passed 4 to 0.
7C. RESOLUTION NO. 22-23
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, SUPPORTING UKRAINE AGAINST RUSSIAN
GOVERNMENT AGRESSION; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Glasser read the Resolution by title.
Commissioner Bole explained and read the Resolution.
MOTION: Pass Resolution No. 22-23.
Motion: Bruce Bole
Second: Brittany Norris
Mayor Glasser agreed to send a copy to the Florida League of Cities and asked staff to send
copies to the Congressional Delegation and the governor.
Ellen Glasser For
Bruce Bole (Moved By) For
Candace Kelly For
Brittany Norris (Seconded By) For
Motion passed 4 to 0.
7D. RESOLUTION NO. 22-24
Page 4 of 7
Agenda Item #1.A.
12 Sep 2022
Page 8 of 109
Regular City Commission
March 14, 2022
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DIRECTING
THE CITY MANAGER TO INITIATE AND OVERSEE THE RECORDS
MANAGEMENT REVIEW PROJECT IN COORDINATION WITH THE CITY
CLERK; AUTHORIZING THE CITY MANAGER TO ENGAGE AN OUTSIDE
CONSULTANT TO ASSIST IN THE REVIEW PROJECT WITH CERTAIN
PARAMETERS; REQUIRING THE CITY MANAGER TO PROVIDE REPORTS
TO THE COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
Mayor Glasser read the Resolution by title.
CM Corbin explained the Resolution and answered questions from the Commission.
MOTION: Adopt Resolution No. 22-24.
Motion: Brittany Norris
Second: Candace Kelly
Ellen Glasser For
Bruce Bole For
Candace Kelly (Seconded By) For
Brittany Norris (Moved By) For
Motion passed 4 to 0.
7E. RESOLUTION NO. 22-25
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING
BID #2122-04 FOR THE WTP NO. 1 UPGRADE - ELEVATED TOWER
DEMOLITION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Glasser read the Resolution by title.
CM Corbin, Public Utilities (PU) Director Troy Stephens, and CE Swann explained the
Resolution.
MOTION: Adopt Resolution No. 22-25.
Motion: Brittany Norris
Second: Bruce Bole
Ellen Glasser For
Bruce Bole (Seconded By) For
Candace Kelly For
Brittany Norris (Moved By) For
Page 5 of 7
Agenda Item #1.A.
12 Sep 2022
Page 9 of 109
Regular City Commission
March 14, 2022
Motion passed 4 to 0.
8 ACTION ON ORDINANCES
8A. ORDINANCE NO. 75-22-27, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER
19, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE I,
GENERAL PROVISIONS, SECTION 19-6, TRAFFIC CALMING DEVICES;
PROVIDING FOR CONFLICT, FOR SEVERABILITY, AND FOR AN EFFECTIVE
DATE.
Mayor Glasser read the Ordinance by title.
CM Corbin and Planning and Community Development Director (PCDD) Amanda Askew
explained the Ordinance.
MOTION: Approve Ordinance No. 75-22-27 on first reading.
Motion: Brittany Norris
Second: Bruce Bole
Ellen Glasser For
Bruce Bole (Seconded By) For
Candace Kelly For
Brittany Norris (Moved By) For
Motion passed 4 to 0.
9 MISCELLANEOUS BUSINESS
None.
10 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
CA Durden provided updates on the local tree case; stated that she will not be able to attend
the April 23, 2022 Town Hall meeting; advised that she will be doing the procedures for the
two upcoming appeals; and noted that she will be celebrating her 6th year anniversary on
Wednesday. CC Bartle congratulated CA Durden.
11 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Mayor Glasser
• Thanked everyone for their help-with the Dutton Island 5 event.
• Spoke about addressing potential safety issues for bicycles, cars, and pedestrians at the end
of Ahern Street and Beach Avenue. CM Corbin explained a potential solution.
• Advised that the Mayor’s Council on Health and Well-Being will be making a
recommendation on speed limits.
Page 6 of 7
Agenda Item #1.A.
12 Sep 2022
Page 10 of 109
Regular City Commission
March 14, 2022
• Explained that many counties do not allow 24/7 tethering of animals, noting that it could
contribute to animals being more aggressive. She requested that the Police Department
review the City’s data, have animal control staff weigh in, and provide a recommendation.
12 ADJOURNMENT
There being no further discussion, Mayor Glasser declared the meeting adjourned at 7:57 PM.
Attest:
Donna L. Bartle, City Clerk Ellen Glasser, Mayor
Date Approved: ________________________
Page 7 of 7
Agenda Item #1.A.
12 Sep 2022
Page 11 of 109
Page 12 of 109
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 13 of 109
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 14 of 109
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 15 of 109
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 16 of 109
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 17 of 109
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 18 of 109
SELLER
.A\ILIrIIiL'Hcach llulding Cumpu.n_v
lill
,’Ja.\-I \\,24-=-.2.
Dun:qg ed by .\\:II\:r
Pr?-3 r:hs£u
3?
possible lo ensure me running rights remain inlacl under lhe neu ovvner.but Buyer c
a
n
n
o
t
guammee Ihal this will be possible.
current Co
nIr.
|cL
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
u
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 .
III »YI€R SI I,\I,I Bl,UNDI-.R N()OBLIGA 1 [ON r0 /\CCI:PI'nlls lNSl1{lVNl N I.
MI-‘.N'I'.I N01 Flu 1 \'
.Y |‘RlOl(‘l'()sI(iNn\
'llllS IS IN I’
UNI).RS 001)..
NI)I-;I)rt)BI:A G/\I.I.Y BINDING AGR
.III:ADVICI.01?AN /\‘I‘I‘()RN
144...,
\.-Agenda Item #2.A.12 Sep 2022Page 19 of 109
1
Icompany—213 ac+/
ran
,1
1,.../’Il,,,,...,,,,W ‘
D3/
aww
mo
W“.5?_.__,~...m.p~m
Lu.“W3?
7_m___
1
r
B0 U NDA RY
V
Agenda Item #2.A.12 Sep 2022Page 20 of 109
Exhibit B
Forest Avenue Docks
FORESTAVE/r::_UE
‘:5
mom TRAILS
‘r,2’40 PE;1
7:
\4§
D
!
IENDJAN
‘
;,.T:=;A1L3UNIT
4!:Agenda Item #2.A.12 Sep 2022Page 21 of 109
Page 22 of 109
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 23 of 109
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 24 of 109
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 25 of 109
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 26 of 109
Agenda Item #3.B.12 Sep 2022Page 27 of 109
-.
&’§‘E.3
M.E!.s
??l ,.;
,.,.m.m—~.«(axsvww «;,,..m..)W./y..,»WWW ».w.1wm~,wm,.~.=«WWW
J
;
?
.."I'7"‘
)1:"E.m..m,.,'_,,$i ".m.m,v,.W.,.M.M.w.«.«y~.««»-»mw~4
C i
g:
.i‘
~:
.1?
;
‘...f...,W.W.e«»,‘y,4‘m:¢«»,......w?,-.».«......£7.94,.m».y,¢M.wW~,V,,«Nm ,Agenda Item #3.B.12 Sep 2022Page 28 of 109
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 29 of 109
._.H.
..C
IA;EL
QB..m
T
N
A
L
.T.
A
,R
A
P
.R
EL
N
N
O
D
Agenda Item #3.B.12 Sep 2022Page 30 of 109
Agenda Item #3.B.12 Sep 2022Page 31 of 109
-T-ft:B§AC—HgFL3’Agenda Item #3.B.12 Sep 2022Page 32 of 109
\L
F
H,
C
A
E
B
B
_.l
N
A
L
T
A
K.
Du
A
P
R
E
N
N
O
D
Agenda Item #3.B.12 Sep 2022Page 33 of 109
Agenda Item #3.B.12 Sep 2022Page 34 of 109
Waterplay -Twist n’Spill 2
Cost -$14,770
Agenda Item #3.B.12 Sep 2022Page 35 of 109
Waterplay -Rain Forest
Agenda Item #3.B.12 Sep 2022Page 36 of 109
Waterplay -Ringling
RINGLING
0010-1431
Cost for 2 =$13,580
Agenda Item #3.B.12 Sep 2022Page 37 of 109
Waterplay —Magnify Eye
Cost -$5,900
Center logo can be whatever we want
Agenda Item #3.B.12 Sep 2022Page 38 of 109
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 39 of 109
LIWPAD
0010-7491
Cost for 3 -$3,078
Waterplay -Lily Pad
Agenda Item #3.B.12 Sep 2022Page 40 of 109
Waterplay —Spray Tunnel 4
SPRAVTUNNELII
0010-7496
Cost -$2,165
_Agenda Item #3.B.12 Sep 2022Page 41 of 109
Waterplay -Charlotte's Web
Cost for 2 -$1,490
Agenda Item #3.B.12 Sep 2022Page 42 of 109
Waterplay -Fountain Mountain
Cost for 2 -$1,490
Agenda Item #3.B.12 Sep 2022Page 43 of 109
Waterplay —Team Effect Mini
Cost for 2 -$3,710
Agenda Item #3.B.12 Sep 2022Page 44 of 109
Waterplay —Tulip
Cost for 3 -$2,235
Agenda Item #3.B.12 Sep 2022Page 45 of 109
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 46 of 109
Waterplay —Activator Power Post
Cost -$2,055
Agenda Item #3.B.12 Sep 2022Page 47 of 109
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 48 of 109
[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 49 of 109
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 50 of 109
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 51 of 109
Page 52 of 109
:23 uo|u:‘|dons
,usg
6 5:?313::333535 V
ospyeuogowawwwpms Q4-|9l§3lE}i
6 Mgdex?ozoud
Wu
’3°”LlS W9|9 ax_5 it;9%.oaxnrfvEur1‘u.E'3
XS .buesooasueuv '
—
W‘Bfan
10¢-425$?-wag ’
”9 :1 n,
,
Lida a 3-UEIV
BUHDE/\
=2 :2:2
2 ‘S P12 6 ONJKDSD--mg 5 pa uouuEé‘2”as
W ,5 :ul
;O;I S995‘9?5
E
_,.1*~.«V -x‘:*7 4
§”§’.:§fQsilo,‘xstmu 8»6mg».-.3»M17 %é 2
"71.;
‘”=E
‘S/11,0 z 3
\3
‘n:‘S “B "7 £5 E"DI:/\--
mad “smog-p E AUOjeqe
+,/~
15 LISL K ,"
2
/'6 6 JQGMUAIMSZV 39-136I‘-‘E0q9l9>1S In "W36,5 ms £12303 apasuzano suonmosELEM
4125 ?nd "asgnu ‘gar SJBUMOa1uoH
I9!-WU-19Wl|”E
in ma ezmd \-L
S].U9l.U3I\O..ldU.l|JSIBMUJJOZIS].39JI|.S gumldAgenda Item #3.D.12 Sep 2022Page 53 of 109
Agenda Item #3.D.12 Sep 2022Page 54 of 109
UO!l3nJ].SUOj 3J0_.}3?—133.1153U!dAgenda Item #3.D.12 Sep 2022Page 55 of 109
Agenda Item #3.D.12 Sep 2022Page 56 of 109
Agenda Item #3.D.12 Sep 2022Page 57 of 109
Page 58 of 109
?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 59 of 109
Page 60 of 109
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 61 of 109
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 62 of 109
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 63 of 109
Page 64 of 109
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 65 of 109
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 66 of 109
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 67 of 109
Page 68 of 109
AGENDA ITENI:
SUBIVIITTED BY.’
TODAY’S DATE:
IVIEETING DATE:
BACKGROUND:
BUDGET:
CITY OF ATLANTIC BEACH
CITY CO1\/[l\’IISSION 1\/[EETING
STAFF REPORT
Resolution No.22-49 authorizing the leave cash—in progrsnn as an City
bene?t for eligible employees
Cathy Varian,I-Iurnan Resources Director ell
Atlgtist 3,2022
September’12,2022
Prior to 2013.City Employees had the opportunity twice a year tocash-intheir
leave balances down to 120 hours.The maximum leave balance w
as
960.soitwas
a coveted bene?t for employees.This program xvas eliminated withmany
other ernployee benefits at the time.The current maxinium l
e
a
v
e
balancefor
employees is 680.Due to staffing shortages,rnany employees ar
e
una
ble
totake
leave and therefore,lose accrued leave time.
Some 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 con-
iplet
ed
by
Htlman Resources.
The terms negotiated by the unions were to allow ernployees to upto50
hours of accrued personal leave on Septernber 30 of each year,aslongasthey
rnaintain :1 balance of 80 hours of leave a?er the cash—in.For budg
eting
purposes,
employees will be required to submit a request for leave cash—in July1ofeach
year.
The City bene?ts froni 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
.
Huinan Resources will dra?5 Policy for the Ernployee I-Iandbook andarequest
forrn for this purpose.
The potential budget impact has been calculated at $138,454.
RECONINIENDATION:Approve the addition of Leave Cash—in as a City of Atlantic benefitfor
its eligible employees,thus giving the City’s eniployees the opportunity to get paid for the
ir
accr
ued
leave
time rather than lose it.
ATTACI-Il\/I T:Resolution No.22419
REVIEVVED BY CITY MANAGER:~Agenda Item #8.A.12 Sep 2022Page 69 of 109
RESOLUTION NO.22-49
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
APPROVING THE ADDITION OF THE LEAVE CASH-IN PROGRAM AS
AN ADDITIONAL 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
each year;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 70 of 109
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 71 of 109
Page 72 of 109
AGENDA ITEM:
SUBMITTED BY:
TODAY’S DATE:
MEETING DATE:
BACKGROUND:
BUDGET IMPACT:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
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
Melissa Burns,Director of Finance
August 30,2022
September 12,2022
On May 15,2018,The State of Florida ?led a complaint against the
Pharmaceutical Supply Chain seeking damages alleging the deceptive
marketing ofopioid pain medications and downplaying the associated risk of
addiction imposing harm to our communities violating Florida law.A
Settlement Agreement and Release was entered into January 15,2022
resolving claims associated with the Opioid Litigation.Duval County,the
Beaches and Baldwin are scheduled to receive approximately $47.5 million
in abatement payments as part ofthe $1.6 billion from a national $23.5 billion
settlement reached ?'om four of the major drug companies for their part in
the opioid epidemic.
Terms and conditions ofthe Settlement Agreement and Release requires the
City of Jacksonville to comply with 26 CFR l.468B-1 Quali?ed Settlement
Funds.The City of Atlantic Beach supports the City of Jacksonville as a '
“Quali?edCounty”by entering into this lnterlocal Agreement Between the
City of Jacksonville,the City of Atlantic Beach,the City of Jacksonville,
Beach,the City ofNeptune Beach and the Town of Baldwin for distribution
ofopioid litigation settlement proceeds ensuring that the City ofJacksonville
The money allocated to the City of Atlantic Beach will be paid out over thecourseofeighteen(18)years and is speci?cally intended for use to increasethefundingonopioidandsubstanceabuseeducationtreatment,preventionandotherrelatedprogramsandservicestoensureprevention,education andtreatmentforopioidabuse.A total amount equal to approximately $99,374 distributed over an 18-yearperiod.Agenda Item #8.B.12 Sep 2022Page 73 of 109
RECOIVIIVIENDATION:Commission]discuss and approve Resolution No.22-55.
ATTACI-IlVIENT(S):Resolution No.22-55
Interlocal Agreen-nent
REVIEWED BY CITY MANAGER:
.Agenda Item #8.B.12 Sep 2022Page 74 of 109
RESOLUTION 22-55
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA APPROVING
THE INTERLOCAL AGREEMENT WITH THE CITY OF JACKSONVILLE,THE
CITY OF JACKSONVILLE BEACH,THE CITY OF NEPTUNE BEACH AND THE
TOWN OF BALDWIN FOR DISTRIBUTION OF OPIOID LITIGATION
SETTLEMENT PROCEEDS,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 QualifiedCounty.
NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of Atlantic
Beach,Florida,that
1.The City Commission hereby approves the Interlocal Agreement Between City of
Jacksonville,City of Jacksonville Beach,City of Neptune Beach and Town of Baldwin
For Distribution of Opioid Litigation Settlement Proceeds,attached hereto as Exhibit A
and made a part hereof (the “Interlocal Agreement”)and further authorizes the Mayor to
execute the Interlocal Agreement.
2.This Resolution shall take effect immediately upon its passage and adoption by the City
Commission of the City of Atlantic Beach,Florida.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,Florida on this
12"‘day of September,2022.
ATTEST:
City Clerk MayorApprovedastoformandcorrectness:Brenna M.DurdenCityAttorney0l8l869l-2 Agenda Item #8.B.12 Sep 2022Page 75 of 109
Resolution No.22-55 -Exhibit A
Prepared by and Return to:
Til?ny Douglas Pinkstaff,Esq.
Office of General Counsel
ll7 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 ofthe 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 filed an action pending in Pasco County,Florida,and a
number of Florida cities and counties,including the City of Jacksonville,have also filed an action
titled In re:National Pres_c_riptionOpiate 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
ofFlorida over multiple years as part ofa 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
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”asdefinedherein),the City of Jacksonville must qualify as a “QualifiedCounty”(as that term isdefinedintheFloridaPlan);and Agenda Item #8.B.12 Sep 2022Page 76 of 109
Resolution No.22-55 -Exhibit A
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 qualifies
as a “QualifiedCounty”to receive the Jacksonville Regional Funds pursuant to the Florida Plan.
NOW,THEREFORE,IN CONSIDERATION ofthe mutual covenants herein contained
and for other good and valuable consideration,the legal sufficiency 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.Authority.This Agreement is entered into by the parties pursuant to the authority
provided by Section 163.01,Florida Statutes.
3.Definitions.Unless otherwise defined 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 ofthe Regional Funds remitted to the City ofJacksonville by the State of Florida
in accordance with the Florida Plan provided that the City of Jacksonville qualifies as a Qualified
County under the Florida Plan.The City acknowledges and agrees to take all steps needed to
qualify as a QualifiedCounty.
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-five
(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-SharingPercentages
Jacksonville 935,660 95.3306%
Jacksonville Beach 23,394 2.3835%
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 77 of 109
Resolution No.22-55 -Exhibiz‘A
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 “Foitius 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,modification of,or amendment to this Agreement,or any ofthe terms,provisions and
conditions hereof,shall be binding only when in writing and signed by the authorized officer,
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 78 of 109
Resolution No.22-55 —Exhibit A
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 79 of 109
Resolution No.22-55 —Exhibit A
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 80 of 109
Resolution No.22-55 —Exhibit A
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 11North 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 81 of 109
Resolution No.22-55 -Exhibit A
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 82 of 109
Resolution No.22-55 -Exhibit A
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 83 of 109
Page 84 of 109
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 85 of 109
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 86 of 109
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 87 of 109
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 88 of 109
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 89 of 109
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 90 of 109
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 91 of 109
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 92 of 109
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 93 of 109
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 94 of 109
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 95 of 109
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 96 of 109
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 97 of 109
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 98 of 109
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 99 of 109
Page 100 of 109
CITY OF ATLANTIC BEACH
CITY COMMISSION NIEETING
STAFF REPORT
AGENDA ITEIVI:Resolution No.22-62 Awarding Bid 2122414;Selva l\/
lar
in
a
Force
Main Extension
SUBIVIITTED BY:Troy Stephens,Public Utilities Director
TODAY’S DATE:September 1 ,2022
IVIEETIIVG DATE:Septernber 12.2022
BACl{GROUND:A Bid Opening was held on August 24.2022 for Bid 2
1
2
2-
1
4:
Selva Ivlarina Force l\/Iain Extension.The project consists of furnishing all labor,equi
prne
nt
and
materials necessary to install approximately 1 33 LP 10”Force Main pipe,?ttings,val
ves
and
appurtenances beginning 300 feet north of the intersection of Selva 1\/Iarina Drive/Atlantic Beach
Drive and ending at the west side ofthe Selva ]\/Iarina Drive/Seminole Road intersection.
One bid was received fTOI'l”l Gruhn l\/Iay,Inc.in the amount of $3 17,616.20
BUDGET:Funds for this project are budgeted in the infrastructure a
c
c
o
u
n
t
410—5506~535—6300.Project PU2 104.
RECOAGIVIENDATION:Award Bid 2122-14 to Grtlhn May,Inc.in the amount
$3 1 7,61 6.20,and authorize the City 1\/lanager to execute the
contract.
ATTACHNIENTS:Resolution No.22-62
Bid 2122-14 Bid Tabulation
Bid 2122-14 Bid Analysis
Images
REVIEVVED BY CITY MANAGER:K 1
'Agenda Item #8.G.12 Sep 2022Page 101 of 109
RESOLUTION NO.22-62
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AWARDING BID NO.2122-14;FOR THE SELVA MARINA FORCE MAIN
EXTENSION,SUBJECT TO THE PROVISIONS OF THIS RESOLUTION.
WHEREAS,on August 24,2022,one bid was received and opened for City Bid
No.2122-14 for the Selva Marina Force Main Extension;and
WHEREAS,the bid price,$317,616.20 was received from Gruhn May,Inc.;and
WHEREAS,Gruhn May is an approved contractor the city uses frequently for utility
work;and
WHEREAS,the project consists of furnishing all labor,equipment and materials
necessary to install approximately 133 LF 10”Force Main pipe,?ttings,valves and appurtenances
beginning 300 feet north of the intersection of Selva Marina Drive/Atlantic Beach Drive and
ending at the west side of the Selva Marina Drive/Seminole Road intersection;and
WHEREAS,funds are available for this project in account 410-5506-535-6300;Project
PU 2104;and
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.2122-14 to
Gruhn May,Inc.in the amount of $3 17,616.20 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 Gruhn May,Inc.;4
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 12th day of September,
2022.
Ellen Glasser,Mayor
Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8.G.12 Sep 2022Page 102 of 109
City of Atlantic Beach
Selva Marina Dr.Force Main Extension
August 24,2022
Bid 2122-14
Required Documents Gruhn May
Submission in Triplicate —All Documents X
Document Requirements Checklist X
Bid Form X
Bid Bond —5%X
W-9 Form X
Drug Free Workplace X
Public Entity Crimes Statement X
Public Records Provisions X
E—Verify Form X
New Vendor Information Form X
Business Tax Receipt X
Proof of Experience —3 years X
License -General Contractor or Utility Contractor X
Financials —2 yea rs X
Insurance X
References -3 With Start/End Dates X
Agree to Base Bid Speci?cations N0
Written Con?rmation of Adenda -l Dated 8/19/2022 X
Grand Toatal Alternate 1 (Base Bid +10%Contingency)$317,616_20
Grand Toatal Alternate 2 (Base Bid +10%Contingency)NO BID Agenda Item #8.G.12 Sep 2022Page 103 of 109
l____j______:_
Bid Item
SELVA MARINA DR.FORCE MAIN EXTENSION
BID No.2122-14 August 24,2022
Bid Form For Alternate No.1
Gruhn May
No.DESCRIPTION EST.QTY UNIT PRICE AMOUNT
1 Traf?c Control $1,300.00 $1,300.00 L]2 Mobilization $3,000.00 $3,000.00
3 Directional Drill Set Up LS $2,220.00 $2,220.00
4 Erosion and Sediment Control 'LS $900.00 $900.00
5 Silt Fence LF 3,466 $4.00 $13,864.00
6 8"PVC DR18 Force Main (restrained)I LF |110 $290.00 $31,900.00
7 8"PVC DR18 Force Main (unrestrained)LF 1,518 $112.00 $170,016.00
3 Direction Drill 10"HDPE Force Main (complete)LF 133 $90.00 $11,970.00
9 10 HDPE to 8"PVC DI MJ Solid Restrained L JTransitionSleeveEA2$819.00 $1,638.00
10 8"~45°DI MJ Bend EA 6 $845.00 $5,070.00
'—11 3"—11.25°DI MJ Bend EA 1 $130.00 $130.00
12 8"Gate Valve 3 $2,400.00 $7,200.00
13 8"x8"DI MJ Tee 3 1 $947.00 $947.00
14 2"Air Release Valve EA 1 $5,520.00 $5,520.00
15 Air Release Valve Manhole EA 1 $1,900.00 $1,900.00
16 Line Existing Manhole W/Sewpercoat 1 $3,900.00 $3,900.00
17 Tree Preservation,Air Spade Trenching,Clean--Cut Tree Roots,and Blow Off Streets Daily LS 1 $5,000.00 $5,000.00
18 Remove and Replace Pavers In Kind 25 $45.00 $1,125.00
19 Remove and Replace Curb and Gutter LF 115 $25.00 $2,875.00 I
20 ‘RemoveandReplaceAsphalt Pavement SY 79 $65.00 $5,135.00 I
21 St.Augustine Grass (w/4"EX on-site topsoil)SY 1,876 $7.00 $13,132.00
TOTAL BASE BID (ALTERNATE N0.1)
P 3 $233,742-0°
Ten Percent (10%Contingency of Base Bid
GRAND TOTAL (Subtotal +Contingency)
$28,874.20
$317,616.20 Agenda Item #8.G.12 Sep 2022Page 104 of 109
Se|va Marina Drive Forcemain Extension
-Eliminates a problematic section of gravity sewer
Agenda Item #8.G.12 Sep 2022Page 105 of 109
Page 106 of 109
AGENDA ITENI:
SUBIVIITTED BY:
TODAY’S DATE:
MEETING DATE:
BACKGROUND :
BUDGET Il\’IPACT 2
RECOMMENDATION :
ATTACH 1\/IENTS:
LINK:
CITY OF ATLANTIC BEACH
CITY COIVIIVIISSICDN NIEETING
STAFF REPORT
Ordinance 20—22—1 65
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR T
H
E
CITYOF
ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNIN
G
OCTOBER1,
2022 AND ENDING SEPTEIVIBER 30,2023
Melissa Burns,Director of Finance
August 3 1,2022
September 12,2022
In order to adopt a millage 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 Septernber 12"‘,2022 in the Commission Cha
mbe
rs
at6:30
p.rn.as was noticed to all property owners by the Duval Coun
ty
Property
Appraiser’s Office.The format is the same as in previous year
s
andistoberead
into the record as presented in order to assure conipliance TRIl\/Ilaws(s.
200.065,F.S.).
Prior to these hearings,the City Ivlanager presented a Propose Op
erat
ing
Budget
and held three public workshops to review and make adjustmen
ts
withtheCity
Commission’s guidance.The Proposed Operating Budget fund
ed
usingthe
millage rate of3,2285 mills.This is an 1 1 .57"/o increase over rolled
—
back
rate.
There will be a second public hearing for the ?nal adoption ofthemillageby
resolution and a second public hearing for the ?nal adoption oftheOperating
Budget,Ordinance No.20~22-165,on September 26“‘2022 at p.rn.intheCity
Commission Charnbers.
Pnoposed Fiscal Year 2022-2023 Budget Expenditures =$56,782
,536
Hold two public hearings as described in the attached outline t
o
appro
ve
boththe
Tentative l\/Iillage Rate of3.2285 niills and the Operating Bud
get
Ordina
nce
#20-
22-165 with total expenditures of $56,782,536
Ordinance 20-22~l65
FY2023 Proposed Budget (pdf Version)
Y 023 ’0 use Bud el
REVIEWED BY CITY IVIANAGER:
<,$r&Agenda Item #9.A.12 Sep 2022Page 107 of 109
ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR
FISCAL YEAR 2022/2023
First item to be considered:
Adoption ofa 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 11.57%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 of3.2285
Open Public Hearing
Close Public Hearing and Vote
Second item to be considered:
Ordinance #20-22-I65 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 fiscal year 2022/2023.
Open a Public Hearing
Close Public Hearing and Vote Agenda Item #9.A.12 Sep 2022Page 108 of 109
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 Statutes Section 200.065;and
WHEREAS,the City Commission of the City of Atlantic Beach,Florida on September 26,2022,
held a second public hearing as required by Florida Statutes Section 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 dated ,2022 is hereby adopted.
2.This ordinance shall take effect immediately upon its adoption.
PASSED by the City Commission on first reading following the first public hearing on the 12th
day of September,2022.
PASSED AND ADOPTED by the City Commission on second and final reading following the
second public hearing this 26th day of September,2022.
ATTEST:
Donna L.Bartle Ellen Glasser
City Clerk Mayor
Brenna M.DurdenCityAttorneyOl8l8705-2 Agenda Item #9.A.12 Sep 2022Page 109 of 109