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Agenda Packet 1-10-11 reduced file sizeCITY OF ATLANTIC BEACH CITY COMMISSION MEETING January 10, 2011 - 6:00 PM AGENDA Call to order Invocation and pledge to the flag 1. Approve the minutes of the Regular Commission Meeting of December 13, 2010. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Financial Report for November 2010 and List of New Business Tax Receipts Issued in December 2010. B. Approve the Inter -Local Agreement Amendment (FY 2010 -2011) for the Distribution of 9 -1 -1 Funds for Call -Taker Salaries, including the authorization for the Mayor and City Manager to sign the paperwork. C. Award the annual contract for Landscape Maintenance for Public Utilities to R & R Maintenance, Inc. in the amount of $19,760 (Bid No. 1011 -06). 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 95-10-102, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; CREATING SECTION 24 -158, DOG - FRIENDLY RESTAURANTS; ESTABLISHING, PURSUANT TO FLORIDA STATUTES SECTION 509.233, KNOWN AS THE DIXIE CUP CLARY LOCAL CONTROL ACT, A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR AREAS OF SUCH ESTABLISHEMENTS; PROVIDING FOR IMPLEMENTATION PROCEDURES, INCLUDING PERMIT REQUIREMENTS, THE ADDITION OF CERTAIN NEW FEES, AND COMPLAINT AND REPORTING REQUIREMENTS; AMENDING SECTION 24 -69, FEES; CREATING SECTION 24- 69(D), SPECIFIC USE REVIEW FEES; PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. 8. Miscellaneous Business A. Public Hearing- Request from Mr. Earnest Davis, proprietor of the Voo Swar Restaurant and Lounge, for a Waiver of Section 24- 85(d)(2) of the Land Development Regulations, which prohibits the expansion of a non - conforming use, to allow an existing non - conforming restaurant and lounge to increase intensity of use, by upgrading from a Series 2COP (Beer and Wine/Package and Consumption) to a Series 4COP -SRX (Beer, Wine and Spirits/Package and Consumption) Special Restaurant Alcoholic Beverage License, on a property located within a Residential General, Two - Family (RG) Zoning District at 51 Robert Street. (City Manager) B. Approval of firm to review City's Pension Plans and options (City Manager) C. Award of the Utility Contractor Annual Service Contract (Bid No. 1011 -02) (City Manager) D. Beaches Veterans Memorial Park Operating Agreement (City Manager) E. Authorization for Signatures on Community Development Block Grant (CDBG) Paperwork (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, January 7, 2011. 2 MINUTES REGULAR CITY COMMISSION MEETING December 13, 2010 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of November 22, 2010. Motion: Approve the minutes of the Regular Commission Meeting of November 22, 2010, as written. Moved by Fletcher, Seconded by Parsons Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Borno presented a Proclamation to Tasha White, Alice Stratton and Kathie McGuinness, representatives for the Beaches Women's Partnership, in recognition of the achievements of the Beaches Women's Partnership for their work with women to help them break the cycle of violence in their lives. He further explained that, due to the current economy, funding became an issue for this group and they do not have sufficient funds to stay in business but they have provided for almost five years a very vital service to the women of the beaches. He stated he hopes as the economics change that they will take the challenge and come back again. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Ryan Schmitt, 11025 Blasius Rd., addressed Agenda Item 813, stating he is the owner of Petticoat - Schmitt Civil Contractors who submitted a bid on this project for the open cut and directional drill option and stated they are the low bidder on the project. He stated the contract they bid under was a unit price contract and they bid the engineer's quantities. He stated they found some of those quantities to be less than those provided which reduced the cost by about $35,000, so in actuality they are projecting about a $42,000 reduction in cost to the second option of going all directional drill. He stated Option 4, which will be debated between their bid, is a lump sum, where his is a unit price bid. He stated the City of Atlantic Beach would realize those savings mentioned December 13, 2010 REGULAR COMMISSION MEETING Page 2 earlier of $35,000, plus the $7,000. He stated, also, in the event of unforeseen circumstances there would be a change order to the lump sum option which would raise that price and give more exposure to the City. He further stated, the way the purchasing ordinance reads in the City of Atlantic Beach it states the low bidder shall be awarded the project. Dan Knieriemen, 860 Bonita Road, complimented R.B. Baker for their work on the drainage pipes, stating they are very good contractors, but expressed his concerns about three of his shade trees that will be destroyed when they dig out the corrugated pipe in his yard that is collapsing. He requested that the City line the pipe instead of removing it to prevent damage to his trees and property. He further stated he has discovered another sewer line that runs west to east through his property that is not on his plot which he has been told is 5' x 6'. He stated he wants to install a pool in his back yard so the City either needs to remove the pipe or grout fill it. He stated Mr. Carper informed him today that they are taking bids to decide what to do with that pipe. He reiterated this pipe is also destroying his trees and is within 6' of his house and he is worried about his house because they want to take a 12' excavator and come through there. He stated his property easement is 7.5' and that machine is 20' wide and they want another 2.5' from him which he is not willing to give to them. He stated if the City does not vote in favor of lining the sewer line, he offered an option for them to replace the trees with palm trees but has not heard back about what they are going to do. He stated he was told this was being voted on tonight and he hopes the city can come up with the money to line this and leave his trees in place. Commissioner Daugherty suggested using the tree mitigation fund to replace his trees. Mr. Hanson stated if the Commission approves the change order as it is on the agenda tonight, the pipe he is speaking about will be rehabilitated, not replaced, which will save those trees. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow -up Report. Meeting Mr. Hanson reported on the financial comparison of the building department year -to- date as requested at the last meeting, stating revenues for the month of October equal $20,478 and expenses equal $24,316, for a net loss of $3,838 before the budget transfer of $5,000 from the General Fund was made. He stated they have budgeted a transfer of $5,000 per month because the economy is down and there is not a lot of building permitting and they will need to subsidize the building department for a few more months until building picks back up. He further reported on the complaint regarding the sod replacement as related to the Royal Palms project and stated the sod used originally has now been removed and replaced with St. Augustine sod. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY December 13 2010 REGULAR COMMISSION MEETING Palle 3 ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report for October 2010, the Building Department Monthly Activity Report and Utility Sales Report for November 2010, the Public Works and Utility Departments Project Status Report as of December 3, 2010, the Police Department 3` Quarter Report for 2010 and the List of New Business Tax Receipts issued for November 2010. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Woods, Seconded by Fletcher. Commissioner Daugherty pulled Item A. He asked Finance Director Nelson Van Liere to explain the available cash of approximately $4.9 million earning .3% interest. Mr. Van Liere explained they had picked up some Treasury Notes, etc. that have done really well. He stated they purchased a few that got called because they were earning such a good interest rate so they had not yet reinvested that money in that report, although they have done so this month. He further explained that part of the reason for having almost $5 million earning .3% is to keep it liquid. He stated you would have a hard time beating that rate, even with Treasuries going out almost a year and a half to get that kind of return, so we need to have it liquid with the Royal Palms project coming and the financing for TMDL, etc. not having been approved. He stated now that it looks like that is coming together he can probably take more of that $5 million and invest it longer term. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Item 7A was taken out of sequence and acted on at this time. 7A. ORDINANCE NO. 15- 10 -11, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO. 15 -95 -7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $690,000 REVENUE REFUNDING BONDS, SERIES 2010B TO REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS, December 13, 2010 REGULAR COMMISSION MEETING Page 4 SERIES 1996; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BONDS; PROVIDING FOR SALE OF THE BONDS BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS AND NEGOTIATIONS; PLEDGING THE CITY'S PLEDGED REVENUES DESCRIBED IN ORDINANCE NO. 15 -95 -7; AND PROVIDING AN EFFECTIVE DATE. Mr. Van Liere gave an overview of the two related ordinances, which enable the City to borrow money, and the resolutions. He further explained each of the loans. Mayor Borno stated the Commission has received red -lined copies of each of the Ordinances and asked for a motion to approve the corrected amendment (which is attached and made part of this Official Record as Attachment A) to Ordinance No. 15- 10-11. Motion: Approve amendments to Ordinance No. 15- 10 -11. Moved by Fletcher, Seconded by Parsons. Mayor Borno opened the Public Hearing. Mayor Borno read Ordinance No. 15 -10 -11 by title. No one from the audience spoke so Mayor Borno closed the Public Hearing. Mr. Hanson introduced the bond attorney, Dan Livermore, and Sylvia Dunlap of Dunlap Financial Advisors. Mr. Van Liere explained the changes in the amendment to the Ordinances, stating when they were approved two weeks ago a lot of the details had not been worked out and it was necessary to make some changes that have no impact on the deal or structure of the loans, etc. Mr. Hanson further explained there are similar paragraphs in both Resolutions and Ordinances so the Commission will need to substitute the new language in all four as they get to them. Mr. Van Liere answered questions from the Commission. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Motion: Approve Ordinance No. 15 -10 -11 as amended. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Action on Resolutions 6. Action on Resolutions A. RESOLUTION NO. 10-15 December 13, 2010 REGULAR COMMISSION MEETING Page 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SUPPLEMENTING ORDINANCE NO. 15- 10 -13; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $690,000 UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 201013; AUTHORIZING AWARD OF THE BONDS TO BRANCH BANKING AND TRUST COMPANY FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Resolution No. 10 -15 by title and explained the items that have been changed are indicated in the red line copy each Commissioner received (which is attached and made part of this Official Record as Attachment B). Motion: Approve Resolution No 10 -15 as presented tonight with the red lines. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Item 7B was taken out of sequence and acted on at this time. 713. ORDINANCE NO. 15- 10 -12, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO. 15 -95 -7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,100,000 UTILITIES SYSTEM REVENUE BONDS, SERIES 2010A TO FUND THE COSTS OF SEWER AND PLANT UPGRADES OF THE CITY'S UTILITY SYSTEM; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BONDS; PROVIDING FOR SALE OF THE BONDS BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS AND NEGOTIATIONS; PLEDGING THE CITY'S PLEDGED REVENUES AS DESCRIBED IN ORDINANCE NO. 15 -95 -7; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 15 -10 -12 by title. Mayor Borno stated we have heard the summary from the Finance Director and explained the same corrections as the previous Ordinance were given to the Commissioners (which is attached and made part of this Official Record as Attachment Q. Motion: Approve Amendments to Ordinance No. 15 -10 -12 as presented tonight. Moved by Fletcher, Seconded by Parsons. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. December 13. 2010 REGULAR COMMISS MEETING Page 6 Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Motion: Approve amended Ordinance No. 15 -10 -12 as amended. Moved by Fletcher, Seconded by Parsons. Commissioner Daugherty asked if the $10.1 million was providing for positive action on the sludge. Mr. Fletcher stated they were approving a not -to- exceed number here; they were not binding their selves. He stated they have not even approved the contracts yet. Mr. Hanson stated it was our intent for Mr. Van Liere to draw down the funds as needed. He stated Commissioner Fletcher was correct that this was the maximum number but we will only draw down what we need to pay the contractors as we go. Mr. Fletcher stated it was also his understanding that we will pay interest only on funds that we draw down as the balance rises. Mr. Van Liere stated that was correct. Commissioner Woods stated it was her understanding that the $892,560 was the money we borrowed from ourselves and asked if there was a reason we have to pay ourselves back. Mr. Van Liere explained it was always the intent that the general fund give a temporary loan to pay for design. He stated we are choosing to let the utility pay for itself with its own debt to pay for the project. Discussion ensued and Mr. Van Liere answered further questions from the Commission. Commissioner Woods asked what our anticipated costs are for borrowing the $892,560. Mr. Van Liere stated it will be $78,000 /year. Commissioner Woods stated at $78,000 over 15 years it seems like we could save a lot by not borrowing it and keep our expenses down. Mr. Hanson stated we could do that but it would reduce our contingency in the general fund below the 25% policy the Commission has set. Mr. Van Liere stated we aren't below the 25% now but we would have less balance available for other projects in the future such as the police building. Commissioner Woods stated, in the future, we could borrow if we needed to. Mr. Van Liere stated yes and we could also pay this off sooner as well. Discussion ensued. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED B. RESOLUTION NO. 10 -16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SUPPLEMENTING ORDINANCE NO. 15- 10 -11; AUTHORIZING THE ISSUANCE OF $892,560 UTILITIES SYSTEM REVENUE BONDS, SERIES 201OA -1 AND $9,137,440 UTILITIES SYSTEM SUBORDINATED REVENUE BONDS, SERIES 2010A -2; AUTHORIZING AWARD OF THE BONDS TO SUNTRUST BANK FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS; AND PROVIDING AN EFFECTIVE DATE. December 13 2010 REGULAR COMMISSION MEETING Page 7 Mayor Borno read Resolution No. 10 -16 by title. (Red -lined copy is attached and made part of this Official Record as Attachment D.) Motion: Approve Resolution No. 10 -16 as presented tonight. Moved by Parsons, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno recessed the meeting at 6:45 p.m. The meeting was reconvened at 6:52 p.m. Action on Ordinances 7. Action on Ordinances A. ORDINANCE NO. 15- 10 -11, Public Hearing and Final Reading This item was taken out of sequence and acted on earlier in the meeting. B. ORDINANCE NO. 15- 10 -12, Public Hearing and Final Reading This item was taken out of sequence and acted on earlier in the meeting. C. ORDINANCE NO. 95-10-102, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; CREATING SECTION 24 -158, DOG - FRIENDLY RESTAURANTS; ESTABLISHING, PURSUANT TO FLORIDA STATUTES SECTION 509.233, KNOWN AS THE DIXIE CUP CLARY LOCAL CONTROL ACT, A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR AREAS OF SUCH ESTABLISHEMENTS; PROVIDING FOR IMPLEMENTATION PROCEDURES, INCLUDING PERMIT REQUIREMENTS, THE ADDITION OF CERTAIN NEW FEES, AND COMPLAINT AND REPORTING REQUIREMENTS; AMENDING SECTION 24- 69, FEES; CREATING SECTION 24- 69(D), SPECIFIC USE REVIEW FEES; PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95 -10 -102 by title. Motion: Approve Ordinance No. 95 -10 -102 as read. Moved by Woods, Seconded by Parsons. Principal Planner Erika Hall gave an overview of the Ordinance stating the language is from the State Statutes, with the exception of the fee section, which is an amendment to our existing fees in Chapter 24. She and Assistant City Manager David Thompson answered questions from the Commission. Discussion ensued with each Commissioner expressing their views regarding the Ordinance. December 13. 2010 REGULAR COMMI MEETING Page 8 Mayor Borno stated if the Commission has any concerns they should get with staff to see if, within the law, they could be added to the Ordinance and if so it can be amended at the second reading. Commissioner Fletcher stated if it is changed substantially it would have to come back as another first reading. City Attorney Alan Jensen explained if they put an additional requirement that follows what is already in the Ordinance he does not believe that would be a substantial change in the overall Ordinance but that would be a decision to be made by the Commission. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Public hearing to consider a request from Lawton Hall for a Use -by- Exception (File Number UBE- 2010 -05) to allow production of custom surfboards within an existing warehouse space at 45 West 6th Street. Erika Hall explained the request for the Use -by- Exception stating it came before the Commission previously but there was a problem with the address. She stated it went back to the Community Development Board once again and they have recommended approval. She asked Lawton Hall to further explain the machinery he will be using. Mr. Hall explained that instead of cutting the surfboard by hand he uses a machine which vacuums up all the dust particles into a collection bag, which is cleaner and has very little waste. He stated his machinery is all kept inside the building. Motion: Approve of Use -by- Exception (File Number UBE- 2010 -05). Moved by Fletcher, Seconded by Woods. Mayor Borno opened the Public Hearing. No one addressed the Use -by- Exception so Mayor Borno closed the Public Hearing. Commissioner Parsons stated he has seen these types of operations before and they are very self contained and clean. He wished Mr. Hall the best of luck. Commissioner Daugherty asked about the building and if Mr. Hall would be working with the door opened. Mr. Hall stated he would not and he is also planning on building a filtration system where the resins are used so they will be sucked into vents with very little chemical release into the air. Commissioner Daugherty asked about the noise created by the machine. Mr. Hall stated it does not create much noise and with it being inside you should not be able to hear it at all. Commissioner Daugherty asked the City Manager if the neighbors to this property were notified of this Use -by- Exception. Mr. Hanson stated it was posted. Commissioner Woods asked if there were any limitations to the hours of operation. Ms. Hall stated there were no limitations. She further explained the Use -by- Exception is specific to what he is doing now and if the business changes it would need to be December 13.2010 REGULAR CO MMISSION MEETING Pate 9 approved. Mayor Bomo asked Mr. Hall how he disposes of the residue which Mr. Hall explained. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED B. Award a contract for Bid No. 0910 -13 for the Open Cut portion of the Buccaneer Phaseout Force Main Project to Petticoat - Schmitt Civil Contractors, Inc. in the amount of $1,062,500 and award a contract for the Directional Drill portion of the project to TB Landmark Construction, Inc. in the amount of $439,134.41 for a total of $1,501,634.41. Alternatively, award a contract to TB Landmark Construction, Inc. for Option 4 which includes directional drilling along Selva Marina Drive. Authorize the City Manager to sign the contract(s). Public Utility Director Donna Kaluzniak recognized the engineer, John Collins, Ryan Schmitt of Petticoat - Schmitt and Tim Ward of TB Landmark. She explained when they bid this project there were four alternatives for the contractors to bid on and further explained those options to the contract. She stated the lowest cost was a combination of Options 1 and 2 with the low bids being from Petticoat - Schmitt for Option 1 and TB Landmark for Option 2 for a total cost of $1,501,634.41. She further explained, as an alternative, the second low bidder was Option 4, TB Landmark's bid of $1,508,406.27 which includes directional drilling along Selva Marina Drive, the golf course and around the water plant. She stated she thought the Commission might want to look at that alternative because of the avoidance of disrupting the neighborhood along Selva Marina and also to provide greater protection for the trees along Selva Marina Drive. She further addressed the comments made by Mr. Schmitt and explained it for him. Commissioner Woods asked several questions regarding the savings Mr. Schmitt referred to and the possible change orders, which Ms. Kaluzniak explained. She also asked where resurfacing Selva Marina Drive was on Mr. Carper's analysis of roadways. Mr. Carper explained the portion from Saturiba north to 20 Street was resurfaced when the City took those streets over and it is in very good shape and is not due to be resurfaced. Commissioner Woods asked Ms. Kaluzniak for clarification of the options, which Ms. Kaluzniak further explained. Commissioner Woods stated she is still opposed to this project plan. She stated it seems clear that this project plan is really Phase 1 of the second option they were given in 2008, which was clearly the most expensive option. She stated she will not be able to support this. Commissioner Parsons asked for clarification of the change orders if Option 4 was selected. Ms. Kaluzniak explained they could not do a unit price change order. Mr. Collins further explained this. Ms. Kaluzniak stated the contractor takes more of a risk on a lump sum job. Motion: Award bid to Petticoat - Schmitt for Option 1 and give the directional drill option to TB Landmark. Moved by Parsons, Seconded by. The motion died due to lack of a second. December 13. 2010 REGULAR COMMISSIO MEETING Page 10 Commissioner Fletcher stated there is the quality of life issue, with not having the road torn up or the threat to the tree canopy, by going with the directional drill option. He stated he believes going with the other bid and having TB Landmark doing the directional drilling all the way through is worth deliberation. Mayor Borno agreed, stating in conjunction with that you don't pay for resurfacing because you are not tearing the surface up, which is also a savings. Ms. Kaluzniak stated the resurfacing was part of the bids. Commissioner Daugherty stated he likes going with a number that is fixed and likes dealing with just one contractor. Motion: Award a contract to TB Landmark Construction, Inc. for Option 4 which includes directional drilling along Selva Marina Drive. Authorize the City Manager to sign the contract. Moved by Fletcher, Seconded by Daugherty City Attorney Alan Jensen clarified that in the schedule under Option 4 there is only one bid and it is the lowest bid. Commissioner Daugherty asked if they were authorized to approve this with no other bids. Mayor Borno stated yes. Commissioner Daugherty asked if there was interest in bidding this option from other contractors. Ms. Kaluzniak explained TB Landmark was the only directional drill contractor who bid, although they did have two others who were prequalified and she does not know why they decided not to bid. She stated TB Landmark is a very experienced directional driller and she feels very comfortable with them doing a job like this. Commissioner Daugherty asked if we were allowed to put it back out for bid. Ms. Kaluzniak stated that would be very unfair to the contractors who did put a bid together with their best numbers because everyone has seen their numbers now. Mayor Borno asked if the total price of $1,508,406.27 included contingency. Mr. Collins stated yes it does. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 1 -Woods MOTION CARRIED C. Award a contract for Bid No. 1011 -01 TMDL Wastewater Compliance Project, Wastewater Treatment Plant #1 Upgrades to WPC Industrial Contractors, LLC in the amount of $5,000,940. Defer award of Additive Alternate #1 and Additive Alternate #2. Authorize the City Manager to sign the contract for Bid No. 1011 -01. Motion: Award a contract for Bid No. 1011 -01 TMDL Wastewater Compliance Project, Wastewater Treatment Plant #1 Upgrades to WPC Industrial Contractors, LLC in the amount of $5,000,940. Defer award of Additive Alternate #1 and Additive Alternate #2. Authorize the City Manager to sign the contract for Bid No. 1011 -01 Moved by Fletcher, Seconded by Daugherty. Ms. Kaluzniak explained the bid, stating they added two additive alternates, one for the blower as part of the sludge improvements and one for some replacement slide gates. She explained the lowest bidder was WPC Industrial Contractor. She stated at this time staff is recommending to defer on the additive alternates to a later date because they may be able to repair some of the existing slide gates and the alternate for the December 13 2010 REGULAR COMMISSION MEETING Page 11 blower will depend on the result of the sludge improvements and odor control improvements. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED D. Approve Change Order No. 4 to J. Collins Engineering Associates, LLC (JCEA) contract for the TMDL Wastewater Compliance Project in the amount of $234,914 for the Sludge Treatment Facility and Odor Control Improvements engineering, and authorize the City Manager to sign the Change Order. Motion: Approve Change Order No. 4 to J. Collins Engineering Associates, LLC (JCEA) contract for the TMDL Wastewater Compliance Project in the amount of $234,914 for the Sludge Treatment Facility and Odor Control Improvements engineering, and authorize the City Manager to sign the Change Order. Moved by Fletcher, Seconded by Parsons. Donna Kaluzniak gave an overview of the Change Order. Commissioner Daugherty stated he had asked for the cost benefit analysis, which Mr. Hanson had sent him by email, but he did not see a copy at the dais. Mr. Hanson stated this did not get done and he apologized. He stated he could read the figures. Commissioner Daugherty stated the analysis basically shows that if we incur the tipping fees it makes sense and is a good investment for us to make but if we don't incur the tipping fees it is a bad investment. He stated the system we have now works and he would like to hold off spending this money until we need to. Mr. Hanson explained the reasons for doing this. Discussion ensued. Commissioner Fletcher stated since we are $3 million under budget on this project he believes it would be the right time to add in to that project our sludge removal. Ms. Kaluzniak stated she spoke with DEP, the State Revolving Fund people, and asked them, since our project came in under budget, could we add the sludge improvements to the SRF loan. She stated they told her because we are piggybacking it on this project, we would only need to do a small facilities plan and we should be able to include it as part of the project. Commissioner Woods stated this seems like a lot of money to be awarding for a no -bid contract. Ms. Kaluzniak explained that engineering is never bid, it is done by a request for proposal and when it was awarded to HDR, which was then transferred to JCEA, it was included and encompassed all of the TMDL work from preliminary design through construction and inspection. She stated if we do this design the same electrical engineer will be integrating the entire blower, SCADA, electronic monitoring, etc. all at the same time. Mayor Borno stated he is in total favor of doing it and doing it now for all the reasons stated and he doesn't have any concerns for the future because the plant should be complete as best as we can make it with today's technology. He further stated the sludge and odor control has to be done and it is something we have the opportunity to take care of right now. Commissioner Woods asked if these additional improvements will be able to handle the flow through the facility to get it up to the 5 million gallons /day or are we only looking at the 3.5 million. Mr. Collins stated these are normally 20 -year planning and 3.5 mgd covers the planning period for the City of Atlantic Beach. He stated 5 mgd was another $10 million and is so far December 13.2010 REGULAR COMMI MEETING Page 12 down the road that if we need it it would be driven by development, not existing usage. He stated they are designing for the current capacity of the plant. Commissioner Woods stated for quality of life, odor elimination is huge and she believes this will help that neighborhood a lot. Ms. Kaluzniak also stated if they retained the current drying beds she does not believe they could do anything about odor control but they will be looking at mechanical dewatering, placing all that in a building and containing the odors in a building which is part of this scope of work. Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 1 -Daugherty MOTION CARRIED Commissioner Fletcher left the meeting at 8:14. He returned at 8:16 E. Proposed Ordinance for Placement and Maintenance of Utility Facilities in the Public Rights -Of -Way within the City. Public Works Director Rick Carper explained the proposed ordinance, stating it is intended to replace or augment franchise agreements under the current Federal and State laws passed in 2001. Mr. Carper stated he was asking the Commission to direct staff as to whether they should bring this back in January for a first reading. Alan Jensen left the meeting at 8:15 pm. He returned at 8:17. Motion: Direct staff to brim proposed ordinance back for First Reading. Moved by Fletcher, Seconded by Woods. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED F. Authorization to Sign Sub -Grant Agreement Between City of Jacksonville and City of Atlantic Beach for Energy Funding. Motion: Authorize Mayor to sign the sub -grant agreement between City of Jacksonville and the City of Atlantic Beach. Moved by Woods, Seconded by Fletcher. David Thompson explained this grant stating it is from stimulus money and will be used for energy audits, City building retrofits, and some upgrades to hybrids. He stated this money is to match another $234,000 of State energy program money, and he hopes to have that agreement for the Commission at the next meeting in January. He stated he is requesting the Commission's authorization for the Mayor to sign the agreement, explaining a couple of the attachments are not finalized but should be completed anytime now and he didn't want this to wait any longer than it had to. He stated when those attachments are completed he will bring them back to the Commission. He stated this does not require any match from the City. December 13 2010 REGULAR COMMISSION MEETING Page 13 Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED G. Proposed Change Order No. 12 to Royal Palms Drainage Rehabilitation Project (PW0905). Motion: Approve Change Order No. 12 to Royal Palms Drainage Rehabilitation Project (PW0905) and authorize the City Manager to execute the contract with R.B. Baker Construction. Moved by Woods, Seconded by Fletcher. Mr. Carper stating there was also a Change Order No. 13 which paid for the resurfacing of Amberjack Drive but it was within the City Manager's purchase authority to approve. He summarized his staff report, explaining Change Order No. 12. He stated the substantial change was to add part of Additive Alternate F which was for lining a section of the pipes, using a new less expensive method of centrifugally applied concrete liner. He stated due to the deducts in this Change Order the net is a credit back to the City from the original bid price of the contract. Discussion ensued regarding the pipe in Mr. Knieriemen's yard with Mr. Carper stating that is not a part of the Royal Palms Project. He stated the Royal Palms design called for that pipe to be abandoned in place. He stated he is getting prices to do, as a point repair, what Mr. Knieriemen was discussing about grout filling the pipe because something has to be done with that pipe. Discussion ensued and Mr. Carper answered questions from the Commission. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED H. Royal Palms Resurfacing Completion. Motion: Approve contracting with Duval Asphalt by piggy - backing on City of Jacksonville's annual Resurfacing Contract for resurfacing as allowed by the City's Purchasing Code 2- 336(6). Moved by Parsons, Seconded by Fletcher. Mr. Carper summarized his staff report explaining the Commission has already approved the concept of this. He answered questions from the Commission. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED December 13 2010 REGULAR COMMISSION MEETING Page 14 City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported, during the last alcohol deployment, of the 19 businesses approached there were no businesses that sold to minors. He further stated, from the last alcohol deployment, the Mayor sent a letter to the three businesses that sold repeatedly to minors. He stated one of these business's corporate office picked up copies of the charges from the police department stating it was their corporate policy that their stores were to inform corporate when they had those kinds of incidences but they had not. He stated we were told they will be making some significant personnel changes. He reported the City will be closed on Thursday and Friday, December 23 and 24, for Christmas. He reported the ribbon cutting for Dog Park is intended for mid to late January. He stated he may have misspoken about having directed someone to copy the document Commissioner Daugherty requested because he got tied up right after and is not sure he assigned that to anyone else. City Clerk Donna Bartle stated no it was her fault. She stated it took her a little while to understand what they were talking about but she realized she had not distributed it. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Attorney City Clerk Bartle • Merry Christmas and have a safe holiday. Commissioner Woods • Reminded everyone there will be a toy giveaway this Saturday, December 18, at Donner Park. She also stated Selva Marina is helping out this year with an Angel Tree and believes they still have some angels on their tree. She stated if they would like to give them a call those children and families would be grateful. • Merry Christmas and happy holidays to everyone. Commissioner Fletcher • Complimented the Commission on working through the very tough and complex issues related to the TMDL, stating everyone did a great job. • Merry Christmas to everybody. Stated he enjoyed the year of working with everyone and will see them in the new year. Commissioner Daugherty • Would like to learn to do his job better and requested permission to take some courses at UNF through the tuition reimbursement program for courses related to his job as Commissioner. Mayor Borno asked that he provide a ball park figure for what this would cost, stating he is supportive of it. Commissioner Woods asked if this was degree seeking. Commissioner Daugherty replied yes. Commissioner Fletcher asked if there was a budget line item where there are December 13 2010 REGULAR COMMISSION MEETING Page 15 funds available for that. Mr. Hanson stated they do not have a line item for that in the Commission account, but they could transfer some funds. Commissioner Woods stated there is a policy for tuition reimbursement that is for all employees. Mr. Hanson stated they do charge it to the department where the employee works. Commissioner Woods stated they would need to see that policy. Mayor Borno stated he has a go ahead and to work it out and give them a heads up later on. Merry Christmas to everyone. Commissioner Parsons • Discussed JTA routing buses on Cavalla, stating there have been some complaints about this. Stated JTA wants to do something with Equity One's parking lot in Atlantic Village and Equity One is willing to cooperate. He stated, however, the manager for this part of the State quit and the person taking over is in Orlando. He stated he will pass the paperwork etc. over to the new manager who comes on board in mid - January. Mayor Borno asked that he forward the contact information to the City Manager so we can keep on top of it. Have a safe holiday and Merry Christmas. Mayor Borno • Stated he appreciated the support of the Commission regarding the Proclamation for the Beaches Women's Partnership. • Stated he has enjoyed this past year and wished the citizens and everyone a Merry Christmas and Happy New Year. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:50 p.m. Mike Bomo, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk ATTACHMENT A ORDINANCE NO. 15 -10 -11 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING ORDINANCE NO. 15 -95 -7 ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $690,000 REVENUE REFUNDING BONDS, SERIES 2010B TO REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 1996; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BONDS; PROVIDING FOR SALE OF THE BONDS BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS AND NEGOTIATIONS; PLEDGING THE CITY'S PLEDGED REVENUES DESCRIBED IN ORDINANCE NO. 15 -95 -7; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida (the "City ") has determined that it may achieve debt service savings by refunding the Refunded Bonds as herein defined; NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to the provisions of the Act, as defined in the Loan Agreement, a form of which is attached hereto as Exhibit A. Section 2. DEFINITIONS. All terms in this Ordinance shall have the meanings as defined in the Loan Agreement. Section 3. REFUNDING AUTHORIZED. There is hereby authorized the refunding of the Refunded Bonds, in order to achieve debt service savings. Section 4. AUTHORIZATION OF LOAN AND BONDS. Subject and pursuant to the provisions of this Ordinance, the City is authorized to incur a Loan and to issue the Bonds in evidence thereof, upon substantially the terms of the Loan Agreement attached hereto as Exhibit A, as such terms may be modified by resolution adopted at the time of sale of the Bonds. All of the terms and covenants contained in the Loan Agreement are incorporated herein by reference. The Bond Ordinance and the Loan Agreement, upon the funding of the Loan and the issuance of the Bonds, shall constitute a contract between the City and the Lender. Section 5. SALE OF BONDS. (A) Findings It is hereby found, determined and declared, that in accordance with the provisions of Part III, Chapter 218, Florida Statutes, a negotiated sale of the Bonds is in the best interest of the City because of the small size of the issue the uncertainty of the bond market for issues of this type, and the flexibility available in structuring the Bonds and their terms. (B) The City has solicited proposals for purchase of the Bonds from area commercial banks. Following evaluation of the responses received and LFM -12/ 13/2010 -2:48 PM- 4500 -0- Ordinance - 2010B - v4v3 1 } 1 ■ is 4t a i+ 1. + "� "•xy��`r"�I'.y �;'f ` 4 ` 1�;i�tL d : ��r - ,i�:. ��'. f7 � 'r'�.1�1- k- �,1 ►� I 'rat. 1 4� fi�'I: , � " , 1113. 4.• ] !�:'�. 1 4 "'n' . - i' . }:.# Y .+.•� R..f ,-,�� p SL � y� �4 %Jr . 1Tti f- ;4'' :•.. M1 4 X _ f.'I1; 'v+iQ i. ti :>{, ?dl,Yry7C7rfi 5r'�YY. r4d v � ■ � F:.' "I iv w - s�',.,5l :j�]rh„ * 1..��r ti +. R: .. YA 1f! -. rLiF +[ : �.3r �'srr'�h a��r`�� i F iG�►��i y.i w *rti V., � 4a• I..!I'•I� 5' iYa1 .I� -1. .'L I!I . .hl - , 4 � 1t.� {1.1 �' s 7.1 i -J �g ' I,...�" , Yt ��•�y{'� �y �y�, � r n hi • a a !! . s .S RY - I'll •ti�la�4 -!� �} rr } 1 24 i r V ftiYi.� lei._ir. _.. iLr: � �'1 _r'__t:• 3, .r kris ...rx. !� -,.. ->,. + PASSED AND ADOPTED on first reading by the City Commission of the City of Atlantic Beach, Florida at a regular meeting duly called and held this day of , 2010. PASSED AND ADOPTED on second and final reading by the City Commission of the City of Atlantic Beach, Florida at a regular meeting duly called and held this day of , 2010. Approved as to form, sufficiency Mayor and correctness: City Attorney ATTEST: City Clerk LFM- 12/13/2010 -2:48 PM- 4500 -0- Ordinance - 2010B - v4v3 3 EXHIBITS TO 'fF Exhibit A - Loan Agreement LFM- 12/13/2010 -2:48 PM- 4500 -0- Ordinance - 2010B - v4v3 i r ' r� ��. , yl T r Y k ` �:1 " i -. _ ,'. f' :7h• - ls. 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"Mk O't-" y i V " ! n 4F AA O kv A416 A N*, "M Nic - 7f 3 1 - j iA A. 1 p A�_ lie v4d A WWI * 19 T Ql' r- Jk" 11 - 6, 1 — 1 rR7 Alt F!Q _ • ''+ r7 ' r,l �; '._fir.. - -'j _ �; g;.o OPT A. A r I 'k -4c po Ao-' - ft r V j 9 j "dkJ d� I -"W_ A d S. A VA4 :- si p P q -' 1 4 rtl 41 T I pj� 9 LV i '6 jr F " Zl; 7 " W � 1 7:�1e .+r..l � i:, i2i i Iry 1. .�'�_ ''S`��` � _ il Section 7. Waiver of .Jury Trial. WITH RESPECT TO ANY SUIT OR ACTION BETWEEN THE CITY AND THE LENDER RELATING TO THE LOAN, OR THIS LOAN AGREEMENT, THE CITY AND THE LENDER EACH EXPRESSLY WAIVES ANY RIGHT TO A JURY TRIAL, AND AGREES THAT THE EXCLUSIVE VENUE FOR ANY SUCH SUIT OR ACTION SHALL BE DUVAL COUNTY, FLORIDA. Section S. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: As to the City: Nelson Van Liere City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 -5445 (904) 247 -5807 As to the Lender: Branch Banking and Trust Company 5130 Parkway Plaza Blvd., Building 9 Charlotte, North Carolina 28217 Attn: Governmental Finance (704) 954 - 1799 /FAX Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication to the Lender via telecopier shall be confirmed by delivery of a hard copy thereof to the Lender not later than two (2) Business Days after such communication by telecopier. Section 9. Qualified Tax - Exempt Obligation. The City hereby represents and finds that it reasonably anticipates not more than $30,000,000 of tax- exempt obligations (other than certain private activity bonds) will be issued by the City and its subordinate governmental entities in calendar year 2010. The City hereby directs it Mayor to recertify these representations upon issuance of the Bonds, and the Bonds are hereby designated as "qualified tax- exempt obligations" under Section 265(b)(3) of the Code. Section 10. No Recourse. No recourse shall be had for the payment of the principal of and interest on the Bonds or for any claim based on the Bonds or on this Agreement, against any present or former member or officer of the City Commission or any person executing the Bonds. Section 11. Amendments, Changes and Modifications. This Agreement may be amended by written agreement of the City and the Lender. Section 12. Binding Effect. To the extent provided herein, this Agreement shall be binding upon the City and the Lender and shall inure to the benefit of the City and the Lender and their respective successors and assigns. LFM -12/ 14/2010 -11:41 AM- 4500 -LA - 2010B - v8v7 4 Section 13. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 14. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 15. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. LFM -12/ 14/2010 -11:41 AM- 4500 -LA - 2010B - v8v7 5 IN WITNESS WHEREOF, the City and the Lender have executed and delivered this Loan Agreement as of December 14, 2010. CITY '`, FLORIDA M (SEAL) ATTEST: Donna L. Bartle City Clerk Mike Borno Mayor LFM -12/ 14/2010 -11 :41 AM- 4500 -LA - 2010B - v8v7 6 David Pierce Banking Officer LFM -12/ 14/2010 -11:41 AM- 4500 -LA - 2010B - v8v7 I � ,� �.Vl��r r�i..:�• rytiir J - ..r y .• 41 a 1 ' 4 c<77 ,.•�' 'Y i_�s X�� +>�' !"a'!L'l. Yi }Ff,• *ti .'}., a ..'� • f9 + �4 '�iwtf_r `F T °s �'F' 7gV'i{..r� 'r '1r y-;n_ t, ar. 4;, y .•e- ,ii :�.- r`1,�= • 4'•r''x.Srv� "'.-,. 31•k -s` I ` `rl "'•`r, F' `s .•_hh'IF. J - 9. a ,; # 43.'i�l fl,��'1 * 'I' "+ 'T I`. 5 4: 1:'J ✓ yt r'- .•y ��?}}''+''.}'' ''•t „e1�'Sxi” "g'l��y+4,4,',a,.t___ 1i : :Sli !� } 7 i ` x R !' �f .5119 '.:i �;Ii:; I s� �I °,l rid ": S i:,•`; ; ` f,L•�j;ay}y.,y. a : _ +`45�•,� }. ..h{• ;F�'�`. f A [ i kY +ilk #: y krl: - •,L 1,1 ;+1'' t a ''S 1A I .� � `�C'"'�1, #f 4` ��'�r�2� ._�RYx 4.� '�a:�f. 12 #,1e4` - 4 {.�' •�q _� - . •� !7 r�Ji:� .`I_,E M1 I Y' 4" {�' , `. 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I � - . • : T + :Zv 4-. ,r: - A, ey :.y.•.. _ -; ` e• ;I ,c:r1 }.•:. a T r i I f t ► e � F �. �'�Ty r n J.4• y. te ll., .3 - rl' i l x -_ `T: r55 {,�I �.a�..kr 'p{�P� —14 tip? W WI a'4 r 4 '�� FJ, YI!FRAI - p[� ;i .f ihK�yrl'.rA Ar�'4 i..'4T4t i� + y 1 �+ Ip F t.gr��} "y�,I, as k f•:�i Il 'd!: - rs it ; F:, i:,'i¢•; _►f i - '�i�a arc =:.'y r'_. l}�s :i JI �T.- '� }; ��. }s; t`T 4.',�';.:n �s :r.��`s;i ? 41 •li•. l afr -u.t � V 1 a.-i� } I.�YC � �r y�;•��` ti � _ h PASSED AND ADOPTED on first reading by the City Commission of the City of Atlantic Beach, Florida at a regular meeting duly called and held this day of , 2010. PASSED AND ADOPTED on second and final reading by the City Commission of the City of Atlantic Beach, Florida at a regular meeting duly called and held this day of , 2010. Approved as to form, sufficiency Mayor and correctness: City Attorney ATTEST: City Clerk LFM -12/ 13/2010 -2:55 PM- 4499 -0- Ordinance - 2010A - v2v1 3 EXHIBITS TO Exhibit A - Loan Agreement LFM -12/ 13/2010 -2:55 PM- 4499 -0- Ordinance - 2010A - v2v1 ATTACHMENT D RESOLUTION NO. 10 -16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SUPPLEMENTINGr ORDINANCE NO. 15- 10 -12; AUTHORIZINGr THE ISSUANCE OF $592,560 UTILITIES SYSTEM REVENUE BONDS, SERIES 201OA -1 AND $9,137,440 UTILITIES SYSTEM SUBORDINATED REVENUE BONDS, SERIES 2010A -2; AUTHORIZINGr AWARD OF THE BONDS TO SUNTRUST BAND FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida (the "City ") has determined to finance the costs of sewer and plant upgrades to the City's utility system (the "Project ") and has enacted Ordinance No. 15 -10 -12 (the "Ordinance ") for such purpose; and; WHEREAS, the City has received competitive proposals from area financial institutions and has received a recommendation of its financial advisor to accept the proposal of SunTrust Bank (the "Bank ") as in the best interest of the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of the Act, as defined in the Loan Agreement, and is supplemental to the Ordinance. Section 2. DEFINITIONS. All terms in this resolution shall have the meanings as defined in the Loan Agreement. Section 3. SALE OF BONDS. (A) Findings The City reaffirms its prior findings that in accordance with the provisions of Part III, Chapter 218, Florida Statutes, a negotiated sale of the Bonds is in the best interest of the City because of the small size of the issue, the uncertainty of the bond market for issues of this type, and the flexibility available in structuring the Bonds and their terms. (B) The City has solicited proposals for purchase of the Bonds from area commercial banks and has determined that the proposal of the Bank, dated November 22, 2010 and attached hereto as Exhibit A, is the best proposal. Following evaluation of the responses received and negotiation with the offeror of the proposal most advantageous to the City, the City hereby authorizes and sells the Bonds to the Bank, upon the marketing terms of the Bonds, including but not limited to interest rate, interest payment dates, maturity dates and amounts, and terms of prepayment, as set forth in the revised form of Loan Agreement attached hereto as Exhibit B, with such modifications to the terms of the Loan Agreement as are set forth therein. The Bonds shall be issued in substantially the forms set forth in Exhibit C -1 and C -2 hereto. LFM -12/ 13/2010 -2:50 PM- 4499 -R- AWARD -2010A - v2v1 1 " WFL rl . ' ~ EXHIBITS TO Exhibit A - November 22, 2010 Proposal of SunTrust Bank Exhibit B - Loan Agreement Exhibit C - Bond Form LFM -12/ 13/2010 -2:50 PM- 4499 -R- AWARD -2010A - v2v1 3 City of Atlantic Beach FINANCIAL REPORT NOVEMBER 2010 AGENDA ITEM # 4A JANUARY 10, 2011 Cash Balances Fund(s) Prior 10/31/10 General $3,526,698 Tree Replacement 3,989 Convention Development Tax 32,116 Local Option Gas Tax 97,862 Better Jax 1/2 Cent Sales Tax 328,542 Police Training, Forfeiture, Grants, etc. 248,567 Community Development Block Grant 15,230 Debt Service 79,951 Capital Projects 1,766,629 Utility 3,859,394 Sanitation 618,125 Building Code Enforcement 50,583 Storm Water 1,931,800 Pension - Police 15,804 Pension - General 34,193 Total $12,609,483 Total Restricted Cash Total Unrestricted Cash Current Dollar 11/30/10 Change $4,651,171 $1,124,473 3,989 0 31,463 (653) 111,765 13,903 323,139 (5,403) 155,824 (92,743) 0 (15,230) 85,698 5,747 1,786,517 19,888 4,127,704 268,310 636,652 18,527 54,297 3,714 1,921,201 (10,599) 15,918 114 59,762 25,569 $13,965,100 $1,355,617 $7,944,963 $6,020,137 Cash and Investments Account Bank of America - Depository Federal National Mortgage Association Bonds US Treasury Notes US Treasury Notes Federal Farm Credit Bank Consolidated Bonds Federal Home Loan Mortgage Corporation Federal Home Loan Bank Consolidated Bonds Pimco Mutual Fund Putnam US Government Mutual Fund MorganStanley SmithBarney Cash SBA - Florida Prime Cash on Hand Subtotal Police Pension Investments General Pension Investments Prior 10/31/10 $4,950,953 1,015,286 1,199,095 2,198,967 1,181,893 1,019,920 1,040,171 0 0 0 248 2,950 12,609,483 6,235,209 10,681,854 Subtotal 16,917,063 Total $29,526,546 Current Dollar Rate of 11/30/10 Change Return % $6,344,110 $1,393,157 0.300 0 (1,015,286) 3.100 1,164,074 (35,021) 4.625 2,182,377 (16,590) 3.625 1,171,586 (10,307) 4.875 0 (1,019,920) 4.000 1,019,124 (21,047) 4.300 999,176 999,176 2.054 1,001,327 1,001,327 5.076 80,125 80,125 0.030 251 3 0.300 2,950 0 N/A 13,965,100 1,355,617 6,221,559 (13,650) (0.220) (1) 10,633,832 (48,022) (0.450) (1) 16,855,391 (61,672) $30,820,491 $1,293,945 (1) Rate of return as of 11/30/10 City of Atlantic Beach JANUARY 0, oaa FINANCIAL REPORT NOVEMBER 2010 Revenues Fund / (Footnote) Annual Estimate YTD - 16.7% of Estimate YTD Actual Dollar Variance Percent Variance General (1) $11,515,549 $1,923,097 $2,428,758 $505,661 26.29% Convention Development Tax 192,857 32,207 14,431 (17,776) - 55.19% Local Option Gas Tax 463,523 77,408 77,113 (295) -0.38% Better Jax 1/2 Ct Sales Tax 658,424 109,957 107,971 (1,986) -1.81% Police Training, Forfeiture & Grants, etc. 153,535 25,640 92,464 66,824 260.62% Grants 647,352 108,108 15,230 (92,878) - 85.91% Debt Service 68,650 11,465 11,490 25 0.22% Capital Projects 853,000 142,451 136,161 (6,290) -4.42% Utility (2) 19,061,825 3,183,325 1,698,490 (1,484,835) - 46.64% Sanitation 1,837,500 306,863 306,847 (16) -0.01% Building Code Enforcement 317,850 53,081 53,184 103 0.19% Storm Water 669,124 111,744 112,484 740 0.66% Pension - Police (3) 964,726 161,109 196,344 35,235 21.87% Pension - General (3) 1,522,969 254,336 389,013 134,677 52.95% Total $38,926,884 $6,500,791 $5,639,980 ($860,811) Analysis of Major Variances (1) The $505,661 positive variance in the General Fund resulted from having received 29% of the budgeted property taxes. Typically the majority of these taxes are received from the City of Jacksonville in December & January. (2) The $1,484,835 negative variance in the Utility Funds resulted from not having received the proceeds from the Bank - Qualified Loan. The anticipated receipt of the loan proceeds is in mid - December, 2010. If the loan was not included in this calculation, the variance would be a positive 12.5 %. (3) The $35,235 positive variance in the Police Employee Pension Fund & the $134,677 positive variance in the General Employee Pension Fund resulted from changes in market values of the investments. City of Atlantic Beach FINANCIAL REPORT NOVEMBER 2010 AGENDA ITEM # 4A JANUARY 10, 2011 Expenses Department / (Footnote) Governing Body City Administration General Government Planning and Building Public Safety (1) Recreation and Special Events Public Works (2) Public Utilities (3) Pension - Police Pension - General Total Annual Estimate YTD -16.7% of Estimate YTD Actual Dollar Variance Percent Variance $42,260 $7,057 $7,485 ($428) -6.06% 2,465,322 411,709 400,585 11,124 2.70% 914,780 152,769 64,285 88,484 57.92% 531,131 88,699 63,668 25,031 28.22% 6,103,010 1,019,203 685,203 334,000 32.77% 392,160 65,491 85,412 (19,921) - 30.42% 6,702,937 1,119,391 977,246 142,145 12.70% 19,711,651 3,291,845 1,955,279 1,336,566 40.60% 548,977 91,679 90,278 1,401 1.53% 555,445 92,759 113,227 (20,468) - 22.07% $37,967,673 $6,340,602 $4,442,668 $1,897,934 Resource Allocation Personal Services (1) & (4) Operating Expenses (1) & (2) Capital Outlay (1) - (3) Debt Service (5) Transfers Total Annual YTD -16.7% YTD Dollar Percent Estimate of Estimate Actual Variance Variance $9,416,977 $1,572,635 $1,144,379 $428,256 27.23% 10,161,148 1,696,912 1,272,673 424,239 25.00% 13,801,135 2,304,790 439,090 1,865,700 80.95% 2,137,906 357,030 1,178,107 (821,077) - 229.97% 2,450,507 409,235 408,419 816 0.20% $37,967,673 $6,340,602 $4,442,668 $1,897,934 Analysis of Major Variances (1) The positive variance in the Public Safety departments is partially due to the payment being due quarterly to the City of Jacksonville for fire & rescue services. The next payment is due in January 2011 for October through December 2010. Also, there have been vacant positions in the Police Patrol division, the Lifeguards are seasonal & there has been limited activity on the Public Safety Building project funded from this source - see Project Activity Schedule. (2) The positive variance in the Public Works department resulted from only 1 of 2 monthly payments for this fiscal year have been paid on the Advanced Disposal Services Jax LLC and First Vehicles contracts. (3) The positive variance in the Public Utilities department resulted from limited activity on the various projects funded from this source - see Project Activity Schedule. (4) The positive variance in the Personal Services is typical for the new fiscal year due to the payroll expense only including two weeks of the month of October. The first payroll in the first month of the new fiscal year is split between the current & prior fiscal year. Also, there have been vacant positions in the Police Department and the Lifeguard expenses are seasonal. (5) The negative variance in the Debt Service Accounts resulted from the October payment of principal and interest on the Utility Revenue Bonds. Subtotal 1,140,503 208,589 931,914 Total $12,885,422 $313,359 $12,572,063 Status Key A - Bid Advertised I - Project In- progress B - Bid Awarded N - Complete /Non - Capital C - Project Completed R - Re- budget Next Fiscal Year D - Design Completed X - Project Cancelled E - Design Phase City of Atlantic Beach AGENDA ITEM # 4A FINANCIAL REPORT JANUARY 10, 2011 NOVEMBER 2010 Project A - Current Year Activity Only Project YTD YTD YTD Project Name Number Budget Actual Balance Status Public Safety Lifeguard Building Roof Replacement LGO901 8,000 0 8,000 Police Building Renovation /Design /Construction PS0504 401,697 9,410 392,287 E 409,697 9,410 400,287 Public Utilities: Replace Well at Water Plant #1 PUO304 287,018 0 287,018 1 TMDL - WWTP #1 Design PU0905 91,276 0 91,276 E TMDL - Lift Station /Main Transfer Flow PU0906 3,729,967 0 3,729,967 E Elevated Tank - Water Plant #1 PU1001 1,688 0 1,688 Ground Storage Tank Rehab - Water Plant #1 PU1002 44,340 19,388 24,952 1 Collection System Inspection & Rehab PU1004 42,836 27,789 15,047 1 Mimosa Cove Lift Station Upgrades PU1005 48,590 0 48,590 1 Lift Station E Upgrades PU1006 48,183 48,183 0 C Tank Rehab - Water Plant #4 PU1014 814 0 814 Well Rehab - Well # 1 @ Water Plant #1 PU1101 50,000 0 50,000 Elevated Tank Rehab - Water Plant #2 PU1102 15,000 0 15,000 Ground Storage Tank Rehab - Water Plant #4 PU1103 40,000 0 40,000 Replace 2" Water Main - 11th Street PU1104 120,000 0 120,000 Sewer Rehab - Sea Oats Drive PU1105 300,000 0 300,000 TMDL Upgrade /Construction - WWTP #1 PU1106 5,981,510 0 5,981,510 Valve Replacement - Davco & Clarifier PU1107 35,000 0 35,000 Replace Equipment - PW Yard Station PU1108 30,000 0 30,000 Plant Improvements - Master Plan PU1109 469,000 0 469,000 Subtotal 11,335,222 95,360 11,239,862 Public Works: Riverbranch Preserve - Kayak & Canoe Launch PM0804 196,306 668 195,638 E Howell Park Bridge Replacement PM1001 20,000 0 20,000 Veteran's Park - Flag & Pavilion PM1006 72,063 55,532 16,531 1 Dog Park - Hopkins Creek PM1008 27,800 2,204 25,596 I Gate at Dutton Island PM1101 20,000 0 20,000 Lighting - Basketball Court PM1102 22,000 0 22,000 Lighting - Security at Community Center PM1103 20,188 0 20,188 Sod - Baseball Field PM1104 32,000 0 32,000 Sod - South End of Soccer Field PM1105 20,000 0 20,000 Parking - Paved PM1106 36,975 0 36,975 Water Fountain - Russell Park PM1107 5,000 0 5,000 Royal Palms Design PW0808 3,294 759 2,535 E Royal Palms Stormwater Project PWO905 580,405 130,622 449,783 1 Bulkhead - Ditch @ Cavalla PW1005 9,472 9,472 0 C Sidewalk & Curb Replacement PW1101 25,000 9,332 15,668 Drain Line - Atlantic Blvd /East Coast Dr /Ahern St PW1102 50,000 0 50,000 Subtotal 1,140,503 208,589 931,914 Total $12,885,422 $313,359 $12,572,063 Status Key A - Bid Advertised I - Project In- progress B - Bid Awarded N - Complete /Non - Capital C - Project Completed R - Re- budget Next Fiscal Year D - Design Completed X - Project Cancelled E - Design Phase AGENDA ITEM # 4A JANUARY 10, 2011 PREPARED 1/03/11, 8:16:48 LICENSE ACTIVITY REPORT BY BUSINESS NAME NEW LICENSES ------- - - ---- City of Atlantic Beach NEW LICENSES FOR YEAR: 2011 BETWEEN: 12/01/10 TO 12/31/10 PROGRAM OL122L 0 DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES --------------------------------------------------- 0 ------------------------------------------------------------- LIC # BUSINESS NAME 0 ISSUED TYPE CLASSIFICATION 0 BUSINESS ADDRESS -------------------------------------------------------------------------------------------------------------- 0 UC: BUS PHONE # 11- 00007338 ATLANTIC SUBS,LLC DBA JIMMY 12/02/10 NEW RESTAURANTS(INC. SNACK BARS & TAKE O 363 ATLANTIC BLVD UNIT 14 904 - 246 -2033 ATLANTIC BEACH FL 32233 11- 00007342 JACKSONVILLE STUMP REMOVAL LLC 12/21/10 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 769 JASMINE ST 904 - 463 -0332 ATLANTIC BEACH FL 32233 11- 00007341 LAW OFFICE OF MAGGIE JO 12/15/10 NEW ATTORNEY 60 OCEAN BLVD UNIT 11 904- 247 -7600 ATLANTIC BEACH FL 32233 GRAND TOTALS -------- - - - - -- NEW LICENSES ------- - - ---- AC: 3 PP: 0 IN: 0 VO: 0 PG: 0 BR: 0 OB: 0 UC: 0 LIC: 3 AGENDA ITEM # 413 JANUARY 10, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: 9 -1 -1 Inter -Local Agreement FY 2010 -2011 DATE: December 17, 2010 C,/ SUBMITTED BY: Michael D. Classey - Chief of Police BACKGROUND: Duval County collects a user fee on all telephone lines in the county to offset the expenses of providing E911 services. Jacksonville purchases the E911 emergency equipment for the answering stations including the three beach cities. Each year, Jacksonville reimburses the cities of Atlantic Beach, Neptune Beach, and Jacksonville Beach 30 % of their personnel costs for Emergency Communication Operators. We have agreed on a reimbursement of the expenses for emergency communications based on 30% of the calls attributed to E911. On a quarterly basis, the cities provide documentation of their emergency communications expenses including salary, benefits, and training. Jacksonville reimburses 30% of those costs. The actual amount in the attached paperwork is a "not to exceed" figure. The initial number is typically provided by Atlantic Beach, and then is inflated in an attempt to cover the reimbursements over the next year. The actual reimbursement is based on the actual expenses incurred. In FY 2010, Atlantic Beach received $81, 901 in reimbursements from the county. Last year's expenses were down significantly from FY 2009 due to a long term employee's retirement and having a vacancy for a few months while filling the position. The new amount for this FY represents approximately an 8 % increase from last year's expenses. BUDGET: Prior to receiving this amendment, $97,000 was budgeted as eligible reimbursements. Actual expenses for FY 2011 are anticipated to be $90,317. Due to the reduced expenses last year, this year's maximum reimbursement is $88,000 in revenue paid quarterly to the City of Atlantic Beach over the next year. RECOMMENDATIONS: Staff recommends the approval of the Inter -Local Agreement Amendment for the Distribution of 9 -1 -1 Funds for Call -Taker Salaries, including the authorization for the Mayor and City Manager to sign the paperwork. ATTACHMENTS: Letter from Pat Welte, 9 -1 -1 Coordinator Duval County, Amendment Number One to: Inter -Local Agreement from City of Jacksonville with signature pages. REVIEWED BY CITY AGENDA ITEM NUMBER: AGENDA ITEM # 413 JANUARY 10, 2011 1 0 P 9 DUVAL COUNTY 9-1 -1 EMERGENCY TELEPHONE SYSTEM Date: December 1, 2010 To: Donna Bartle, City Clerk, Atlantic Beach Lisa Volpe, City Clerk, Neptune Beach Heidi Reagan, City Clerk, Jacksonville Beach From: Patricia Welte, 9 -1 -1 Coordinator, Duval County Re: 9 -1 -1 Inter -Local Agreement —FY 2010 -2011 This Inter -local Agreement provides for the sharing of the 9 -1 -1 User Fee funds to pay for a portion of the 911 calltaker salaries, training expenses and benefits, for the portion of their time spent answering and transferring 9 -1 -1 calls. This year, we have done separate agreements for each municipality, so please return the documents to Pat Welte as soon as they are signed by your city. have enclosed Four (4) Execution Copies — to be signed and stamped by your municipality. Return to Pat Welte (call 630 -2317 for pickup) An executed copy will be returned to you. Please advise if there have been any changes in your city contact persons or phone numbers Please contact me at 630 -2317 if I can be of further assistance. Thank you for all your help. CH RE VE0 CE DEC - 2 2010 AGENDA ITEM # 413 JANUARY 10, 2011 Amendment Number One to: INTERLOCAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, FLORIDA AND THE CITY OF ATLANTIC BEACH, FLORIDA FOR 9 -1 -1 User Fee Distribution in Fiscal Year 2010 -2011 THIS AMENDMENT ONE TO INTERLOCAL AGREEMENT is made and entered into as of this day of , 2010, by and between THE CITY OF JACKSONVILLE, FLORIDA, a consolidated municipal /county government, making the General Services District (hereinafter referred to as "JACKSONVILLE ") and THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation, within the General Services District (hereinafter referred to as "ATLANTIC BEACH ") for the purpose of distributing proceeds collected and set aside via the 9 -1 -1 User Fee to be used to pay a portion of the salaries and related expenses for 9 -1 -1 Call Takers for that portion of their time spent answering and handling 9 -1 -1 calls under the provisions of Section 365.172 (9), Florida Statutes, as authorized to be imposed by the governing body of Duval County (hereinafter referred to as the "Project "). RECITALS: WHEREAS, in 2009, the parties have made and entered into an Interlocal Agreement (hereinafter referred to as the "Agreement" for the Project; and WHEREAS, said Agreement will be in effect until September 30, 2014, and WHEREAS, said Agreement has not been amended previously: and WHEREAS, the Council of JACKSONVILLE, acting as the governing body of Duval County, Florida, has maintained the 9 -1 -1 User Fee at $.44 per month for the present fiscal year 2010 -2011 , and has authorized the fees collected to be used to fund an Interlocal Agreement wherein ATLANTIC BEACH will receive its pro rata share to be used for lawful purposes; and WHEREAS, said Agreement should be amended for Fiscal Year 2010 -2011 to update dates and distribution amounts with all other provisions, terms and conditions of said Agreement remaining unchanged; now therefore IN CONSIDERATION of said Agreement and the mutual promises and covenants herein contained and for other good and valuable consideration, acknowledged, by the parties to be legally sufficient, the parties agree to amend said Agreement as follows: 1. The above stated recitals are accurate, true and correct and, by this reference, are incorporated herein and are made a part hereof. 2. Section 2, of said Agreement is amended, in part, by providing for a Fiscal Year 2010 -2011 distribution of $88,000.00 to ATLANTIC BEACH and, as amended, shall read as follows: E "2. ATLANTIC BEACH shall receive a distribution proportion of the 9 -1 -1 User Fee calculated by taking the total Call- Takers actual salary expenditures from ATLANTIC BEACH, z multiplying that amount by 30% (based on call volume data provided by each PSAP agency) and d adding 3 0% for benefits and training. The Sheriff s Office may also include other factors such as changes in the 9 -1 -1 call volume data percentage and inflationary increases or decreases, and the impact of wireless calls on each agency, to determine the distribution amount. The maximum CD 4k amount to be distributed by JACKSONVILLE as a result of this calculation for ATLANTIC BEACH for Fiscal Year 2010 -2011 is EIGHTY -EIGHT THOUSAND AND 00 /100 DOLLARS ($88,000.00)." 3. Section 6, in said Agreement, is amended, in part to revise dates to reflect the 2010 -1011 Fiscal Year and, as amended, shall read as follows: 44 6. The salary period covered by Amendment Number One to Agreement shall be retro- active to October 1, 2010, or the beginning of Fiscal Year 2010 -2011 . This Agreement shall be in effect fiom the date it is recorded in the Official Records of Duval County, until September 30, 2014." 4. JACKSONVILLE will record this Amendment Number One to Interlocal Agreement in the Official Records of Duval County, as required by Section 163.01 (11), Florida Statutes. SAVE AND EXCEPT for the express amendments provided in this instrument, the provisions, terms and conditions of said Agreement shall remain unchanged and shall continue in full force and effect. [Remainder of page intentionally left blank. Signature page follows immediately.] 2 AGENDA ITEM # 413 JANUARY 10, 2011 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: Neill W. McArthur, Jr. John Peyton, Mayor Corporation Secretary STATE OF FLORIDA) )ss. COUNTY OF DUVAL) The foregoing instrument was acknowledged before me this day of 20_, by John Peyton and Neill W. McArthur, Jr., the Mayor and Corporation Secretary respectively, of the City of Jacksonville, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) are personally known to me; or produced a current produced driver's license as identification; or as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) In compliance with the Ordinance Code of the City of Jacksonville, I do hereby certify that there is an unexpended, unencumbered and un impounded balance in the appropriation to cover the foregoing Agreement and that provision has been made for the payment of the monies provided therein to be paid. Director of Finance City Contract Number: Form Approved: Office of General Counsel 3 AGENDA ITEM # 413 JANUARY 10, 2011 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: By: Donna L. Bartle, City Clerk 800 Seminole Road Atlantic Beach, FL 32233 STATE OF FLORIDA) )ss. COUNTY OF DUVAL) CITY OF ATLANTIC BEACH Louis Borno, Jr., Mayor 800 Seminole Road Atlantic Beach, FL 32233 By: Jim Hanson, City Manager 800 Seminole Road Atlantic Beach, Florida 32233 The foregoing instrument was acknowledged before me this day of , 2(?__, by Louis Borno, Jim Hanson and Donna L. Bartle, the Mayor, the City Manager and the City Clerk, respectively, of the City of Atlantic Beach, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) are personally known to me; or produced a current produced driver's license as identification; or as identification (Sign) _(Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) G: \Gov't Operations \NEILLM\CONTRACPATLANTIC BEACH Agreement Amd #1 for 2010 -2011 ILA Atlantic Beach.doc 51 AGENDA ITEM # 4C JANUARY 10, 2011 11,11SWIK 14 NMI -L1jg§jjjQ1' AGENDA ITEM: Annual Contract for Landscape Maintenance for Utilities Bid No. 1011 -06 SUBMITTED BY: Donna Kaluzniak, Utility Director 6� DATE: December 21, 2010 BACKGROUND: The Utility Department developed specifications and requested bids for Landscape Maintenance at locations which include the following facilities: Water Plants 1, 2, 3 and 4; Wastewater Plants 1 and 2; two fields next to Water Plant 4 and Wastewater Plant 2, and Lift Stations at 20 Street, Donner Road, Palm Avenue and Aspen Ridge. Fourteen contractors submitted bids: A Native Austin Chad Cutting Edge Grubn L & H Laurel Sun Outdoor Brock Ent. Groundskeeping May, Inc. services Crest Landscape $24,720.00 $52,475.00 $26,170.00 $30,240.00 $37,908.00 $26,860.00 $27,600.00 R&D R & R Southland Toll Landscape, Trim All Valley Village Landscape Maintenance, specialties LLC Lawn Crest Lawncare Inc. service, & Inc. Landscape $24,528.00 1 $19,760.00 1 $23,004.00 1 $32,237.00 $31,616.04 $24,730.00 $23,592.00 The lowest responsive bidder was R & R Maintenance, Inc. in the amount of $ 19,760.00. This cost is well below the cost of our most recent landscape maintenance contract, which was $31,615. BUDGET: Funds for Landscape Maintenance were budgeted at $35,000 included in the Water and Sewer Funds under account nos. 400 -5502 -533 -3400, 410 - 5506 - 535 -34- 00, and 410 -5508 -535 -3400. RE COMMENDATION: Award the annual contract for Landscape Maintenance to R & R Maintenance, Inc. in the amount of $19,760. � t �� I I I�i � � } I ,IN a . . . . . . . . . . . . . . . . . ."t? tig I SAN F4, d c V VWX _ � ••_,`r -: .: r± I� ICI -i� �.� I'� W.v Mn�� AGENDA PI'EM # 4C JANUARY 10, 2011 2i O w � O U 0 Q Z w gm G U Z Z O Z J W Z) 0 Z Z CO Q N O r-I O H of 00 O 0 O c O m a m v 0 N u o O do C v `v C v o ti C c m t o m I I o N H a v C o ti t Y U W v u ai U a v in ro m W ( t m ui W O W W W N ro ° m � w ry 8 b t` DD rn LO o 00 o 00 o 00 v � v m N ro 0o m - i r i c i c i t t n H t eq to to tit tit tit t? tit N 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T a� rr Ln © u i ct ni 0 Sri 0 O U N cl N N Ci LIl W N 11 11 ID �D r1 m V/ tD /} t 1-1 t/} c-I t/} t/} /} t to N tD d' tD O O O V O O O O C y O Cl O Cl O O O O O O O O t0 U U 00 O m O O N LO m 00 O oc O V m O tD O N o0 O d' m O tD Ln O LO to O tD �n j r v � o0 Ln a E LO N r-I tD N N ci ci N c-I c-I ci M O O O O O O O Ct LO Cl) O O O 1� [ O V to N m Ln n V Vl to Ln N O) m I V Vl N t H �--I t/T In In M a t/T t? t? t? t/T t? 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Li o 0 0 0 Li 0 ° Li i i ° a o H LO 00 Cl) 00 00 m V p u V u V u o V u o V N t? t/T ry t t? w U O v O O O O O O O O 0 O O O O O O O O O O O O p O O O O O d' r O 00 m N L N O Ln O Ln O Ln U W lD to N to r-I t? In t? V to N to t/T In .1 t? ta t/* t? N w O O O O O O O O O O O O C C o O O O O O O O O O O O O O in V 00 00 Cl) rl N N V1 00 N 00 W b 7 in t0 O .1 Cl) m Cl) tO m .1 tD m V to m -t i O v r1 tO 00 tD m n a C) Cl) V m 00 111 M ' N V* m N N N Ln C O O O O O O O O O O O O C N �� W V l0 t m M 0 N l m N 000 e-1 NO t/} 000 �"� Ln t/} L n to L n to Ln V} n N 4 H Q N N N N N N G -0 d y/ 1 o o� N o, t0 L V 7 ,c f 0 O Ln a0 -9 a_ a 0° c U QE c w m Q c c U ,1 C N m C 3 L _ .N l.L O p O Ol U O C Q O f0 CL h O O A ti A Yk ¢ Yk a0 ii a0 V7 V7 N in 10 C:, m o u �° �° ° m a r4 0 0 a 0 ° 0 �$ n ° O N � n 3 :t, ?: d' ?: N 3: 0 ?: N ?: N J M J t0 Q V7 J of 00 O 0 O c O m a m v 0 N u o O do C v `v C v o ti C c m t o m I I o N H a v C o ti t Y U W v u ai U a v in AGENDA ITEM # 7A JANUARY 10, 2011 ORDINANCE NUMBER 95 -10 -102 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; CREATING SECTION 24 -158, DOG - FRIENDLY RESTAURANTS; ESTABLISHING, PURSUANT TO FLORIDA STATUTES SECTION 509.233, KNOWN AS THE DIXIE CUP CLARY LOCAL CONTROL ACT, A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR AREAS OF SUCH ESTABLISHEMENTS; PROVIDING FOR IMPLEMENTATION PROCEDURES, INCLUDING PERMIT REQUIREMENTS, THE ADDITION OF CERTAIN NEW FEES, AND COMPLAINT AND REPORTING REQUIREMENTS; AMENDING SECTION 24 -69, FEES; CREATING SECTION 24- 69(D), SPECIFIC USE REVIEW FEES; PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. WHEREAS, at its regularly scheduled meeting of October 13, 2008, the City Commission of the City of Atlantic Beach, Florida (the "City Commission "), unanimously approved an ordinance entitled "An Ordinance of the City of Atlantic Beach, County of Duval, State of Florida, Allowing Dogs within the Outdoor Dining Areas of Restaurants Under Certain Conditions as Set Forth within Florida Statutes, Section 509.233, Providing an Effective Date and an Expiration Date" (the "Atlantic Beach Dog Dining Program ") according to provisions of a pilot program established upon enactment of The Dixie Cup Clary Local Control Act, Florida Statutes, Section 509.233, (the "Act "); and WHEREAS, the Florida Legislature passed Florida Law 2009 -195, removing the sunset provision and making permanent the Act; and WHEREAS, the Atlantic Beach Dog Dining Program has expired; and WHEREAS, at the request of citizens and restaurant owners, it is the intent of the City Commission to continue to allow dogs in the outdoor dining areas of restaurants in a manner consistent with the Act; and WHEREAS, a public hearing to enact this Ordinance was held by the City Commission for the City of Atlantic Beach on January 10, 2011. Page 1 of 11 Ordinance Number 95 -10 -102 AGENDA ITEM # 7A JANUARY 10, 2011 NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH: SECTION 1. Chapter 24, Land Development Regulations, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended to add new Section 24 -158, Dog - Friendly Restaurants, and upon enactment shall read as follows. Section 24 -158. Dog- Friendly Restaurants. (a) Purpose and intent The Dixie Co Clga Local Control Act Florida Statutes §509.233, giants the City the authority to provide exemptions from certain portions of the United States Food and Drug Administration Food Code, as amended from time to time and as adopted by the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation in order to allow patrons' dogs within certain designated outdoor areas of their respective establishments while providing; for regulation and enforcement required to promote protect and maintain the health, safety and welfare of the public By authority of F.S. §509.233(2) there is hereby created in the City of Atlantic Beach Florida such a local exemption procedure, known as the City of Atlantic Beach Dog- Friendly Restaurants. (b) Applicability. No dog shall be allowed in a public food service establishment unless authorized by state law and the public food service establishment has received and maintains an unexpired permit pursuant to this section allowing dogs in designated outdoor dining areas of the establishment. (c) Definitions As used in this Section the following terms shall be defined as set forth herein unless the context clearly indicates or requires a different meaning: Administrator shall mean the representatives) of the Cjjy as designated by the City Manager to oversee administration and enforcement of this Section. Employee shall mean owner, managrer, host wait staff, cook dishwasher or any other person involved in the operation of the public food service establishment. Division shall mean the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation. Dog shall mean an animal of subspecies Canis lupus familiaris. Outdoor Area shall mean an area not enclosed in a building and which is intended or used as an accessory area to a public food service establishment which provides food and/or drink to patrons for consummation in the area. Page 2 of 11 Ordinance Number 95 -10 -102 AGENDA ITEM # 7A JANUARY 10, 2011 Patron shall mean any guest or customer of a public food service establishment. Public food service establishment and food service establishment shall mean any building vehicle place or structure, or any room, division, or area in or adjacent to a building vehicle, place or structure where food is prepared served or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being_ delivered to another location for consumption. (d) Permit requirements No public food service establishment within the Cily shall have or allow any dog on its premises unless the food service establishment possesses a valid permit issued in accordance with this section, or unless otherwise permitted pursuant to Florida Statutes. (1) Permit application. An applicant for a dog-friendly restaurant permit shall submit the established fees along with the application form created and provided by the City to the designated administrative department. The application shall contain all required narrative and graphical information necessary to determine compliance with the provisions of this Section and deemed reasonably necessary for the enforcement of the provisions of this Section but shall require at a minimum, the following, information: a. The name location and mailing; address of the food service establishment. b. The appropriate and current Division - issued license number for the public food service establishment on all application materials. c. The name mailing address and telephone contact information for the owner of the public food service establishment. d. The name mailing address and telephone contact information for the manager of the ublic food service establishment. e. The name mailing address, and telephone contact information for the permit applicant. f. A diagram and description of the outdoor area to be designated as available to patrons' dogs including the following: 1. Dimensions of the designated area; 2. A depiction of the number and placement of tables, chairs, and restaurant equipment, if any; 3. The entryways and exits to the designated outdoor area; Page 3 of 11 Ordinance Number 95 -10 -102 AGENDA ITEM # 7A JANUARY 10, 2011 4. The boundaries of the designated area and of other areas of outdoor dining not available for patrons' dogs; 5. Any fences or other barriers; and 6. Surrounding property lines and public rights -of -way, . including sidewalks and common pathways. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. g. A description of the days of the week and hours of operation that patrons' doss will be permitted in the designated outdoor area. h. The property owner's authorization shall also be required if the gpplicant is not the property owner. (2) Fees The City Commission shall establish reasonable fees to cover the cost of processing an initial gpplication and issuing the permit, including a portion for initial permit compliance inspection and program monitoring. Separate fees shall be established for verified complaint -based and permit reinstatement compliance inspections. Such fees are detailed in Section 24 -69 of this Chapter. (3) Permit application review and approval. Permit applications submitted under this Section shall be reviewed and approved by the Administrator in accordance with the following: a. The ep rmit application shall be submitted at least 30 days prior to the date anticipated by the food service establishment for inception of the program in the designated outdoor area. b. The applicant shall be required to prominently display notice within the food service establishment that application has been made for a dog - friendly restaurant permit. The notice shall indicate the portion of the seating area for which permitting is requested and the anticipated start date of service. The notice shall be displayed commencing the date application is made and continue until such date the permit is issued or the application is withdrawn or abandoned. c. No permit shall be issued for any outdoor seating area which has not been properly authorized by the City or which does not meet all applicable criteria of the City's Land Development Regulations and regulations of the Division. Page 4 of 11 Ordinance Number 95 -10 -102 AGENDA ITEM # 7A JANUARY 10, 2011 d. For permits authorizing dogs within the outdoor areas of a food service establishment located on any right -of -way or other property of the City or any other governmental entity, the Administrator shall require the applicant to produce evidence of the following: 1. A valid right-of-way, sidewalk or other permit, license, or lease showing the food service establishment has the right to occupy and use the area, and 2. A properly executed insurance endorsement providing commercial general liability insurance coverage in an amount of no less than $500,000.00 per occurrence and $1,000,000.00 aggregate. The policy shall not have any exclusion for animals or animal bites. All insurance shall be from companies duly authorized to do business in the State of Florida. All liability policies shall be endorsed to provide that the City or M other appropriate governmental enter is an additional insured as to the operation of the outdoor dining area on such government property. e. After the Administrator determines the application for a permit to be complete and in compliance with this Section the Administrator shall cause inspection of Outdoor areas of the food service establishment designated in the application for compliance with the provisions of this Section. A food service establishment found not in compliance upon such inspection shall have a reasonable time in which to correct any deficiencies found. Upon correction of such deficiencies the public food service establishment shall request re- inspection and pay a re- inspection fee. A food service establishment making application for or issued a permit under this Section shall provide access to the premises of the food service establishment upon request of the Administrator or M designated official of the City or the Division for periodic inspections and monitoring for compliance. Neither advance notice nor written request shall be required for such inspections. An application shall be deemed abandoned if it remains incomplete in the determination of the Administrator for a period of 90 days after notice to the applicant of the deficiencies in the application or if inspection of the food service establishment revealed deficiencies in compliance with this Section and the applicant has not requested re- inspection within such period. h. A permit issued pursuant to this Section shall not be transferrable to a subsequent owner upon the sale or transfer of a public food Page 5 of 11 Ordinance Number 95 -10 -102 AGENDA ITEM # 7A JANUARY 10, 2011 serviced establishment but shall expire automatically upon the sale lease or other transfer of an interest in the food service establishment and service under such expired permit shall cease. The subsequent owner, lessee or other person acquiring an interest in the food service establishment shall be required to reapply for a permit pursuant to this Section if such person desires to continue to accommodate patrons' dogs according to the provisions of this program. (4) Permit expiration. Each -ermit issued under this Section shall expire on September 30 next following issuance regardless of when issued. (5) Permit renewal. Each September the Administrator shall review the compliance records for each public food service establishment with a current dog- friendly restaurant permit and send out renewal notices to those establishments not having substantial and/or habitual violations during the past year. Upon receipt of a complete renewal application and qp�ropriate fees and successful permit inspection the Administrator shall issue a renewal permit with an effective date of October 1 of that year. The Administrator shall issue a consultation notice to those food service establishments having substantial and/or habitual violations during the past pear. At consultation the Administrator and the applicant shall discuss severity and frequency of violations documented during; the past year, and the Administrator shall determine whether or not the applicant may a pply for a probationary renewal permit. Any_ food service establishment issued consultation notices for two (2) consecutive years shall be prohibited from applying for a dog- friendly restaurant permit. (6) Permit revocation Apermit issued under this Section may be revoked by the Administrator subject to the following conditions. a. A permit issued under this Section may be revoked by the Administrator if after notice and reasonable time in which the grounds for revocation may be corrected, the food service establishment fails to coMply with any condition of approval, fails to comply with the approved diagram fails to maintain any required state or local license or permit fails to pay when due any permit renewal inspection or re- inspection fees is found to be in violation of any provision of this Section, this Chapter, this Code, or regulations of the Division or there exists any other threats to the health safety, or welfare of the public. The Administrator may suspend the permit and the food service establishment shall cease service under the permit pending; correction of the grounds for revocation If the grounds for revocation are a failure to maintain M required state or local license or permit, revocation may take Page 6 of 11 Ordinance Number 95 -10 -102 AGENDA ITEM # 7A JANUARY 10, 2011 effect immediately pon giving notice of revocation to the f d service establishment owner or manager. A suspension or revocation by the Administrator shall be appealable as provided in the general appeal provision of this Chapter, but shall remain in effect during the course of such appeal. b. If a permit issued to a food service establishment under this Section is revoked, no new permit may be approved or issued for such good service establishment until the expiration of 180 days following the date of such revocation, at which time the applicant may request a consultation with the Administrator to discuss issuance of a renewal permit. (e) Use - specific standards. In addition to the general development standards and those specific to the applicable zoning district, M public food service establishment that receives a permit to allow dogs within a designated outdoor dining area pursuant to this Section shall require observation and compliance with the following use - specific standards. (1) The public food service establishment and designated outdoor area shall comply with all permit conditions and the approved diagram. (2) Permits shall be conspicuously displayed in the designated outdoor area. (3) Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. (4) A kit with appropriate materials and supplies for cleaning and sanitizing an area soiled by dog waste shall be maintained in the designated outdoor area. Dog waste shall not be carried in or through indoor portions of the public food service establishment. (5) Ingress and egress to the designated outdoor area shall not require entrance into or passage through any indoor area or non - designated outdoor areas of the public food service establishment. (6) No dogs shall be allowed in the designated outdoor areas of the food service establishment if a violation of any of the requirements of this Section exists. (7) All dogs shall wear a current license tag or rabies tag and the patron shall have a current license certificate or rabies certificate immediately available upon request. Page 7 of 11 Ordinance Number 95 -10 -102 AGENDA ITEM # 7A JANUARY 10, 2011 (f) Required signs Any public food service establishment that receives a permit to allow dogs within a designated outdoor dining area pursuant to this Section shall provide signaPe in accordance these standards and content. (1) Sign standards. Signs must comply with the following. a. Lettering must be no less than a thirty -six 36) point font. b. Lettering must be in a contrasting color to the sign background so as to be visible and readable. (2) Employee- directed content signs. _Signs with the following rules must be prominently posted in an employee area. a. Employees shall wash their hands promptly after touching, petting, or otherwise handling any dog and shall wash their hands before entering other ther parts of the public food service establishment from the designated outdoor area._ b. Employees shall be prohibited from touching, petting, or otherwise handling _M dog while serving food or beverages or while handling tableware. c. Employees shall not permit any dog to be in or to travel through, indoor or non - designated outdoor areas of the public food service establishment. d. Employees shall not allow any dog to come into contact with serving dishes utensils tableware linens paper products or any other items involved in food service operations. e. Employees shall not allow anypart of a dog to be on chairs, tables or other furnishings. Dogs must remain on the floor /ground level and shall not be permitted in the lap of the patron. f. Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons. g. Spilled food and/or drink must be removed from the floor or ground as soon as possible but in no event less frequently than between seating of patrons at the nearest table. h. Accidents involving dog waste must be immediately cleaned and sanitized with an approved product. Page 8 of 11 Ordinance Number 95 -10 -102 AGENDA ITEM # 7A JANUARY 10, 2011 (3) Patron- directed content. Signs with the following rules must be prominently posted at the entrance to the designated outdoor area allowing dogs. a. Patrons shall keep their heir do soon a leash at all times and shall keep their dogs under reasonable control. b. Patrons shall not leave their dogs unattended for any period of time. c. Patrons shall not allow_ dogs to come into contact with serving dishes utensils tableware linens paper products or any other items involved in food service operations. d. Patrons shall not allow any part of a dog to be on chairs, tables or other furnishings. Dogs must remain on the floor /ground level and shall not be permitted in the lap of the patron. e. Accidents involving waste must be immediately cleaned and sanitized with an approved product. f. Patrons are advised to wash their hands with waterless hand sanitizer before eating. (g) Complaints and reporting_ requirements. In accordance with F.S. §509.233, the Administrator shall provide the Division with the following in a timely manner. (1) The Administrator shall establish a procedure for accepting, documenting and responding to complaints related to the program in a timely manner. (2) The Administrator shall in a timely manner provide the Division with a copy of all approved applications and permits issued. (3) The Administrator shall proMtly provide the Division with copy of all complaints and responses to such complaints. (4) All applications permits and other materials submitted to the Division shall contain the Division - issued lice number for the public food service establishment. SECTION 2. Section 24 -69, Fees, of Chapter 24, Land Development Regulations, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended to add new subsection 24- 69(d), Specific Use Review Fees, and upon enactment shall read as follows. Page 9 of 11 Ordinance Number 95 -10 -102 AGENDA ITEM # 7A JANUARY 10, 2011 See. 24-69. Fees. Pursuant to Section 24- 46(e), the City Commission for the City of Atlantic Beach hereby establishes the following fees related to the administrative cost of carrying out the requirements of this Chapter and also to cover the costs for planning, zoning, engineering utility and specific use reviews These fees shall be payable to the City at the time such application or request is filed. Applications for planning and zoning related requests shall not be considered as complete applications until such time as required fees have been paid in full. Fees for specific use verified complaint -based and permit reinstatement reviews must be paid prior to scheduling of subsequent compliance inspections. Fees as required by this Section are not refundable. (d) Specific Use Review Fees. (1) Dog - Friendly Dining. a. Initial application (full year $175.00 (half year) $ 90.00 Includes processing of implication initial inspection, permit issuance and three subsequent quarterly compliance inspections. b. Renewal application $125.00 Includes annual compliance review and inspection, permit issuance and three subsequent quarterly compliance inspections. c. Verified complaint -based compliance $ 55.00 Includes one (1) compliance inspection upon verification of a complaint -based violation. Each additional re- inspection for failed compliance will be charged this same amount. d. Permit reinstatement $ 55.00 Includes one (1 ) compliance inspection upon suspension due to violations documented at time of quarterly inspection, and permit reinstatement/issuance. Each additional re- inspection for failed compliance will be charged this same amount. Page 10 of 11 Ordinance Number 95 -10 -102 AGENDA ITEM # 7A JANUARY I0, 20I1 SECTION 3. This ordinance shall take effective immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Florida, in accordance with §125.68, Florida Statutes. Passed on first reading by the City Commission of the City of Atlantic Beach the 13 day of December, 2010. Passed on final reading and public hearing the 10 day of January, 2011. LOUIS "MIKE" BORNO, JR Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: DONNA L. BARTLE, CMC City Clerk Page 11 of 11 Ordinance Number 95 -10 -102 AGENDA ITEM # 8A JANUARY 10, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request from Mr. Earnest Davis, proprietor of the Voo Swar Restaurant and Lounge, for a Waiver of Section 24- 85(d)(2) of the Land Development Regulations, which prohibits the expansion of a non - conforming use, to allow an existing non - conforming restaurant and lounge to increase intensity of use, by upgrading from a Series 2COP (Beer and Wine/Package and Consumption) to a Series 4COP -SRX (Beer, Wine and Spirits/Package and Consumption) Special Restaurant Alcoholic Beverage License, on a property located within a Residential General, Two - Family (RG) Zoning District at 51 Robert Street. SUBMITTED BY: Erika Hall V Michael Classey rA C.1 Principal Planner Chief of Police DATE: January 10, 2011 BACKGROUND: Mr. Earnest Davis has been the owner of the subject property located at 51 Robert Street since at least 1963 when he obtained his first building permit to construct a restaurant and dance hall. The Voo Swar Restaurant and Lounge is the most recent incarnation of that public food service establishment, operating since approximately 1992, at which time it replaced an establishment known as De'JaVu. The original zoning of the property was commercial (Business `B "), but the zoning classification was changed to Residential General, Two - Family (RG) in the early 1980s. Prior to that zoning change, Mr. Davis obtained a Series 2COP alcoholic beverage license, which allows for package sales and on -site consumption of beer and wine only, and he has maintained it over the years. Mr. Davis is now seeking to upgrade to a Series 4COP -SRX, which allows for package sales and on -site consumption of beer, wine and spirits in association with a bona fide restaurant having (1) 2,500 square feet of floor space under permanent cover; (2) seating for 150 patrons; and, (3) minimum 51 % gross revenue from the sale of food and non - alcoholic beverages. As part of the application process, the local zoning authority is required to certify to the Department of Business and Professional Regulation, Division of Alcoholic Beverage and Tobacco (DBPR- ABT) that the location of the establishment complies with zoning requirements for the sale of alcoholic beverages pursuant to the license series being sought. Within Atlantic Beach, Series 2COP licenses are generally allowed only in conjunction with full service restaurants which are permitted in Commercial Limited (CL), Commercial General (CG) and Central Business (CBD) Zoning Districts. Similarly, 4COP -SRX licenses are allowed only upon approval of a Use -by- Exception within those same commercial districts. However, because Mr. Davis' property is no longer commercially zoned; he is ineligible to apply for a Use -by- Exception as described above. With the zoning change from commercial to residential in the early 1980s, the restaurant and lounge use became a legal non - conforming use, and according to Section 24- 85(d)(2) of the current Land Development Regulations, a non - conforming use shall not be expanded or enlarged. AGENDA ITEM # 8A JANUARY 10, 2011 Staff interprets an increase from a Series 2COP to a Series 4COP -SRX to be an intensification of the existing non - conforming restaurant and lounge use, and also has concerns regarding Mr. Davis' ability to meet the conditions of the Special Restaurant license type. Specifically, while the existing structure has sufficient space, well over the required minimum 2,500 square feet, there has been no demonstration of permanent seating for 150 patrons, nor is there any indication that the Voo Swar operates as a full service restaurant that can consistently report at least 51% of gross revenue from the sale of food and non - alcoholic beverages. While these are conditions of the DBPR -ABT license, municipalities throughout the state are experiencing an onslaught of "restaurants in name only ", or RINOs, that obtain a license under these conditions, and then essentially turn into a full- fledged bar without regular monitoring and enforcement by the state. Such establishments do little to strengthen the social fabric of a community, and typically become hot spots of delinquency and criminal activity. In fact, numerous reports of criminal activity on and adjacent to the subject property, and nuisance complaints associated with the current level of intensity, already undercut the strategic goals for revitalization of the area as part of the greater Mayport Corridor Redevelopment Plan. Such criminal and nuisance activities are well documented in historic records, and appear to have been a serious issue for well over twenty years. In 2010 alone, Police Department records reveal that officers have responded to the Voo Swar a total of 95 times. Officers have reported problems during the later hours up to and including closing, at which time many disputes or fights break out. Due to these repeated problems, patrol officers now regularly check the subject property on the establishment's busier nights near closing time, in hopes of reducing occurrence of criminal activity. While this measure has been somewhat successful, it is also labor intensive and removes multiple officers from service on a regular basis. The Police Department would anticipate an increase in the number of problems and calls for service if the beer and wine license was expanded to include liquor. RECOMMENDATION: Motion to deny LDRW - 2011 -01, request to waive Section 24- 85(d)(2). ATTACHMENTS: Application for Waiver. BUDGET: No budget issues. REVIEWED BY CITY MAN H. January 10, 2011 regular meeting 2 4_ L. _fJ (/g 119 = APPL . R DEVELO PMENT LAND REGULATIONS . DEC Section 24.46(d) permits the City Commission to authorize IlwAted Waivers, By - case -by -case basis, from a specific provision(s) of these Landoevelopment Reg- ulations when It is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. City of Atlantic Beach A Waiver from-these Land Development Regulations may be approved only upon 800 Seminole Road showing of good cause, and upon evidence that. an alternative to.a specific pro- Atlantic Beach, FL 32233 vi of this Chapter shall be provided, which conforms to the general intent (P) 904 and spirit of these Land Development Regulations. In considering any request (F? 904.247.5845 for a Waiver from these Land Development Regulations, the City Commission www.coab.us .may require conditions as appropriate to ensure that the intent of these Land Development Regulations DATE is enforced. A Waiver shall not modify any require- ment or term customarily considered as a Variance or any requirement or term S►d►'�' �"� prohibited as a Variance, and shall be considered only in cases alternative FILE # IAILA2L tot (_ 0 I administrative procedures are not set forth with the City Code of Ordinances RECEIPT 0320 1. APPLICANTS NAME 2. APPLICANT'S ADDRESS � � � . �C Ac - .-2_ 3 � 3, PROPERTY LOCATION ,� r � lei vi l i Re- A A 2-2- 33 4,-PROPERTY APPRAISER'S REAL ESTATE NUMBER I'? 2-72 S. CURRENT CLASSIFICATION 6. FUTURE LAND USE DESIGNATION 7. LDR rovision(s) from which waiver is sought: 1 -36 (a) f "D sIO'►�► o� ca. rw coy1fo Ck Ae 8. SIZE OF PARCEL: PARCEL FRONTAGE PARCEL DEPTH PARCELAREA 9. UTILITY PROVIDER 10. Statement offacts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24-46(d) of the Zoning and Subdivision and Land Development Regulations, and spectricallydescribing how the request complies with the Conditions necessary for the C'ty Commission to aRumm this request Please use second page If additional space is necessary. 1ne pro � ��- ��ef vt vs;n�.SS ti s n'��,�5 �. I'v s wtP Inc- A+ca,,x �4� S n � C`.,asp �iQ fvt 6 y r �' Si G�� (. T ke LvS e -ss Oo rr•ari - E h j 5. er-ves -pop t 6,e t A�e. 2 `s f c�6�� 'kG r� ce�U� c, l; c „ iSr' S�� r`'►I` -�� ['t:� : f'S Zvi Or Gd r (v .. t om �r�:tS�? ��S;:,ass �:,�'� zv �: '/':✓i �� a�n ;?�� i: �� /,�, AGENDA ITEM # 8A JANUARY 10, 2011 , 47 6x/-*- r',I page 1 of Z AGENDA ITEM # 8A JANUARY 10, 2011 11. Provide the following information. Applications will not be considered complete and will not processed until all hems have been received: a. Proof of ownership (deed or certificate by lawyer or abstract company ortitle company that verifies record owner-as above). If the applicant is not the owner, a letter of authorization from the owner(s) for the applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property. c. Required number of copies (2). d. Application Fee ($150.00). City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (P) 904.247.5826 (F) 904.247.5845 www.coab.us I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT. - - Signature of owner(s) or authorized person if owner's letter of authorization is attached: PRINTED OR TYPED NAME(S) -- SIGNATURES) 0 6ONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION: NAME ADDRESS J _�-- Ro4- 4-al-1- S' PHONE 1 0 '/ - r1r3_ FAX CELL E-MAIL ADDITIONAL SPACE FOR QUESTION 10: 4 t(n0D . C --7 s-e b e "VI s f is y C o P 5 ,e )c & 1% i o'd K/ /?,e/ / r P P f he Dr 4 1q1 eohol Eev4t Tv t7iCCv Li LegSinE r � &B hn P<- ge-- ti �^ /el ;P1 �� ) a 5 c � ss �I. f 6 �� .� page 2 of Z OWNER'S AUTHORIZATION FOR AGENT AGENDA ITEM # 8A JANUARY 10, 2011 is hereby authorized to act on behalf of _ a✓te g� aLcfr,� the owner(s) -of those lands described within the attached application, and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to a: Zoning Variance ❑ Appeal Use -by- Exception ❑. Fence or Pool Permit ❑ Rezoning ❑ Sign Permit ❑ Plat or Replat Other 1NaWr, / L-VIZ BY: j A i Signature of Owner , A pi Print Name C� Y Signature of Owner P - A , Print Name Telephone Number State of Florida County of Duval Au AQ1D Signed and swam before me on this day of 2M. By 746 AIC64 ' L> r4 I1S Identification verified: CDRIV`c-i� 1.•f Oath sworn: _/�� Yes No E j No Sig tore JOYCE M. FREEMAN tary Publ� - State of Noddy My Com mission expires: 0 � Comm. Expkea Jun 10, 201_3 �-u A) / ommission N DD 697791 AGENDA ITEM # 8A JANUARY 10, 2011 EftiNaQNING _: s� . �"#)::l �Et�t7i1411F�fi7-` ��1gY�NONINi's:AUlfiit`3��TY,ts [ �ll�fa� (O�fR8El51N�SS`1:'�f��#'IOI+T _` Trade Name (D /B /A) 6 r 2s �V- Ohick Lo Street Address 6 1 RbueY+ t T` City n ` G ^�, -' County Sti Zip 33 Are there outside areas which are contiguous to the premises which are to be part of the premises sought to be licensed ?" I? Yes J(No If this application is for issuance of an alcoholic beverage license where zoning approval is required, the zoning authority must complete "A" and "B." If zoning is not required, the applicant must complete section. " I A. The location complies with zoning requirements for the sale f alcoholic beverages or wholesale - tobacco to this application for a Series ZQ-x license. products pursuant Signed Date Title B. Is the location within the limits of an "Incorporated City or Town?" SKYes I? No If yes, enter the name of the city or town: `&!,f! (k) 12 ■ � � 5rr.� Y r 1T TE 1,' _. 1 y oil- � i ■ li ,v y..� flop 4.' '� - .�„y - [i f I,�y. 5- '� Z'.'•r. .k . +�5. �: ::fa;� •.,III ;1, - - �- q]';Iv� ,�r •' Y�1 ii�[''L" k 1 -'J rb r i ] r u aI .: r- ■a "I1 - .A'•i r ,li - f • I I.IS�x 'F. L,I ,r �1:; ,y 'ad• I �. h'11� ■ ■r 'I �IYI �.,�l S � {. 7 � �.. 4:1'_ }. j.tiy: - . i >, * 1. - AL' ON IM 1 '��. I:i� �' I,�* " { r. g�lq �:`i y,,�i, �' - ; i i ., , �jR•�'' Y1 !�: c'�. �'', s,'., if .+'.��= t' �•� I °' - ' �',' ' -ry , r ' f 4 '•;. + L�;t ii}I� rr {fi7,'.; L*, r_` `o lF h;' r¢ ${yY rlr; IR ' r :.' 'Y .`.r. - . ?,.i, -'; b... a.�: ,r, ' k li•: - Ri�3.1.. +' R: * ; J. �:'. �v�i+ryj ,f Y '7''. rf_ } } -.' L�r� ti .- • -� A _i�>< r�';Y•5'. = };rKl�.. �lyr.r, - -.. ftj S,�a,: �+, a � - "fit' i. r +. �'� -, " '' +IV) .RLO I d. - =i` }+ ' }71.1 a.l. '' {'' ;Illj :.`�•'�: .. r. r1 1. �., i, :.t ■ R �I � I I I � �t ry, - !' i4rsl`, it - . I��':Iti �I �f; �r . �: i [:'I� II 1 I + ' r ' 'I!� • T :��. �..�� - i��.. -; IS� e I ' r ' �• I , 31. S Y,•, i:- [Pr:'arr tl :t „F}. '� .,n I�:;1 'a ��r. I + � • . - 'I� "1'•'�y� , � 4F' ' . }� 'I� -' i�r� .''jlly��'r - ..II <'IS: �;' 7�1h .i •p' � 11 il � h�i ,t 5. I`LT �� c r .'` �Tl+,�.} I 47 -511 kr,•`FRI?jl. `�' :,'h it - ti. .�.: {'L�:, ry ', . - a . {i • '7- r �a„I �f .r �'�r� y}•� irlfli'I r1 � =x�'•. � ,i.. -�� ..�`•;�., �'.Y i „� - f�'� ” ,. ;�;sl ,4s•a I�` *� r i t T 1` tr.>'t.. � I�II� 4.•.:. r � � �. {�•IrY71,},•�� • .('� ; � �'', 1 �r[�� Fey �4 + ��x• _� - i�o-�� €k - • ; 1' ✓: £ 3 � �,' � I-7 i "� �r'e 1 r rel 4 i r F: �:: r Y'S. 1 Y �{ I � If - �� R � ,rte• I.{, ;t .'�� R - 4' � s I f �. : � il'�. a II yl � '��• zpl 1 AGENDA ITEM # 813 JANUARY 10, 2011 Although the City is ready to start with this study, there are several reasons that may warrant delaying until a later date. One reason is that there may be changes to FS 185 Police Pension or other pension mandates approved by the Florida legislature this upcoming session that could change the direction of the study. A second issue is that if the City were to delay, the City's 2010 annual actuarial pension evaluation report could be used for the study and it may contain slightly different data. BUDGET: Forty-five thousand dollars ($45,000) was included within the general government budget for this project. RECOMMENDATIONS: That the Commission approves the selection of Foster &Foster (no relationship). That the City Manager be authorized to approve additional funds, not to exceed the budget amount, which may be required during the study if additional actuarial information is required. That the City Manager be authorized to delay the start of this study, as necessary, to determine if there are any pension changes that may be authorized by the Florida legislature and what impact, if any, using the 2010 actuarial report data versus the current 2009 actuarial report data would have on the results of the study. REVIEWED BY CITY MANAGE AGENDA ITEM # 8C JANUARY 10, 2011 AGENDA ITEM: Utility Contractor Annual Service Contract Bid No. 1011 -02 j SUBMITTED BY: Donna Kaluzniak, Utility Director& DATE: December 21, 2010 BACKGROUND: The City uses an annual contractor to perform utility repairs and constiuction in the water, sewer and stormwater systems, and occasionally to perform site work for other departments. The contract includes distribution/collection pipework and mechanical work on equipment at the 6 major water and wastewater treatment plants and 30 lift stations. The contract was advertised and seven bidders submitted prequalification packages. Four bidders were prequalified, contingent upon receipt of positive references. Three contractors submitted bids based on a one -hour project with all labor and equipment resources. Jax Utilities Management (JUM) was the apparent low bidder for the contract: Description Callaway Gruhn .Tax Utilities Contracting May, Inc. Manage Total Cost without $667.28 $505.00 $423.25 Overhead & Profit Ov erhead & Profit % 23% 20% 19% Overhead & Profit $87.38 $101.00 $80.42 Mobilization Cost $200 $0 $75 Total Project Cost $667.28 1 $606.00 1 $578.67 After the bids were received, Gruhn May, Inc. requested copies of the prequalification and bid documents and submitted a challenge to the qualifications of the low bidder. This challenge noted that JUM did not meet the qualifications, including a statement that JUM has no current references that include mechanical work on treatment plants and lift stations as required. Upon receiving the references, Jax Utilities Management's reference from JEA for force main repair work was only noted as "Fair," which would be questionable as a positive reference. The other two references, though rated "Good," were for storm water work only, not for mechanical work at plants or lift stations. Staff contacted Vice President Mike James, by phone to discuss the challenge. During the phone discussion, Mr. James noted that for the last 4 -5 years, JUM had been performing storm water work only and he thought the company may not meet the prequalification requirements. Staff sent the challenge letter to Mr. James for his response. AGENDA ITEM # 8C JANUARY 10, 2011 Mr. James response included a review of the history of JUM's work in the utility management and maintenance, and noted the numerous utilities they operated and maintained from 1975 to 2007. However, he notes that most of the people they were involved with are retired or deceased, and no additional positive references were provided regarding any mechanical work on treatment plants or lift stations. He does note that JUM has a current contract with the City of Jacksonville to maintain small stations and package plants (small plants that are all contained in one tank). The City's intent was to hire a contractor currently performing all aspects of the contract work, with current positive references to be all - inclusive. It is staff's opinion that Jax Utilities Management does not have current positive references to indicate they meet the qualifications for performing the required water and sewer infrastructure work, especially the mechanical work at the treatment plants and lift stations and should be disqualified. BUDGET: Funds are budgeted in the amount of $ 150,000 in the following accounts from the Water, Sewer and Stormwater Funds: 400 - 5502 -533 -3400, 400 - 5504 -533 -3400, 410- 5506 -535- 3400, 410 - 5508 - 535 -3400 and 470 - 0000 -538 -3400. RE COMMENDATION: Award the bid for Utility Contractor Annual Service Contract to Gruhn May, Inc. at the prices provided for Bid No. 1011 -02. ATTACHMENTS: 1. Bid tabulation form AGENDA ITEM # 8C JANUARY 10, 20I1 O U m t v f6 •� r m V) N V jp O Y ' T Q Q E 0 0 > " O �z U O U r 2 CL 0 0 0 T C3 T 0 m r c d E d _ u9 1 N n O n r 2 C x x x x x x Z N ) O C N9 n d Y r 00 VIP h Y x ca ci c �+ ° o O 0 ° 0 0 x X X X x X z C N C G z C = w v► w w V _ 0I C Y V r 0) M N O co x x x x x x z °' N co U 3 to Ta U Y Y V- L_ •� O O r O r a a L L c + o d L ch 'O CL r O L O Y (� Q C m d L d > CL L d > O m = m U �« w d d O O w O 4f d ar d 4r 0 v E_ O N CL L O E a' 7 v c o O = LL o he '- V O 0 r a c d m O o L w c •N C C E W U) N d O — L Il w 0 E O U O U 3 o LL .5 m v v� o v o a � � r m 0 n a a c 0 N E E 0 U c m N N f6 C a C N m a au O m m 00 0 - a m 3 a AGENDA ITEM # 8C G R U H N MAY, INC. JANUARY 10, 2011 Q 19, 0 Water & Sewer Contractors 6897 Phillips Parkway Drive, North Jacksonville, Florida 32256 Telephone 904 - 262 -9544 Fax 904 - 268 -0679 November 23, 2010 Donna Kaluzniak City of Atlantic Beach 902 Assisi Lane Atlantic Beach, Florida 32233 RE: Bid No. 1011 -02 Pre - Qualification for Utility Contractor Annual Service Contract After reviewing the Pre - qualification package submitted by Jax Utilities Management, Inc. we are challenging the previous decision granting them approval. We are requesting a follow -up review of the references and experience submitted by Jax Utilities Management, Inc. The references listed by Jax Utilities Management, Inc. (see attachment "A ") will substantiate our claim that Jax Utilities Management has never held a Service Contract to provide for the repair and maintenance of water and wastewater, plants, facilities, collection or distribution lines, lift stations or mechanical repairs with a "local unit of government or agency" let alone the three as required by the bid specifications. Two of the listed references are Public Works contacts that Jax Utilities Management, Inc. contracts with for storm drain projects and the other was a "contract" engineer and not an employee of JEA. None of the references / experience attributed to these individuals meet the minimum requirements listed in the Instructions to Bidders. Additionally, we at Gruhn May, Inc. have recently provided fabricated pipe (both in the field and shop fabricated) and miscellaneous metals to Jax Utilities Management, Inc. for projects they were constructing and have every reason to believe they do not have the capability to provide these services with their own forces. A welding machine and cutting torches are not all that is needed to fabricate pipe / miscellaneous metals. As you are aware, the vast majority of the services required under this contract involve the piping and valves in the plants, lift stations and facilities where the need for fabricating pipe and fittings not only saves valuable time but prevents small problems from becoming major disasters. STATE OF FLORIDA LICENSED CONTRACTORS CLI CO43134 CLI CO24580 CG CO58974 CB CO41665 AGENDA ITEM # 8C JANUARY 10, 2011 Also, we have attached a copy of the officers of the corporation (attachment "B "), as it appears on the Department of State website, to verify the pre - qualification package and the bid forms were signed by a duly authorized officer of the corporation, who has legal authority to bind the corporation. Thank you for your prompt attention to this matter and we look forward to hearing from you in the near future. Sincerely, Gordon Gruhn AGENDA ITEM # 8C JANUARY 10, 2011 YYATOk AND WART9WATJDI IUTKJTWB • CONBU.TATION • OP61 IM • ADWASMTION • CONSTRUCTION • k4ARATENANCE • RBO LATORY October 20, 2010 Positive References 1. City of Jacksonville, Florida Louis Lawrence 904472 -2859 904 -996 -2898 Fax LouisL@coj.net 2. Jacksonville Elechic Authority Ejaz Ahmed 904- 6654662 904 -665 -7455 Fax ahmac@j'ea.com 3. Clay County Public Works Jim Friendly 904529 -5282 904529 -3693 Fax j1m.fr1endy0co.clay.fl.us I� "A aAG k,,,+ A AGENDA ITEM # 8C JANUARY 10, 201I - 2010 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 459044 Entity Name: JAX UTILITIES MANAGEMENT, INC. Current Principal Place of Business: 5465 VERNA BLVD JACKSONVILLE, FL 32205 US Current Mailing Address: P.O. BOX 6898 JACKSONVILLE, FL 32236 US FEI Number: 59- 1562165 FEI Number Applied For ( ) Name and Address of Current Registered Agent: BRANNEN, W M 5465 VERNA BLVD JACKSONVILLE, FL 32205 US FILED Feb 24, 2010 Secretary of State New Principal Place of Business: New Mailing Address: FEI Number Not Applicable ( ) Certificate of Status Desirod ( ) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( I. OFFICERS AND DIRECTORS: Title: PD Name: JAMES, H R Address: 5465 VERNA BLVD City -St -Zip: JACKSONVILLE, FL 32205 Title: VDAS Name: JAMES, KELLY M Address: 5465 VERNA BLVD City -St -Zip: JACKSONVILLE, FL 32205 Title: VSD Name: BRANNEN, WILLIAM M Address: 5465 VERNA BLVD City -St -Zip: JACKSONVILLE, FL 32205 Title: VDAS Name: JAMES, CHARLES B Address: 5465 VERNA BLVD City -St -Zip: JACKSONVILLE, FL 32205 rt I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that l am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: WILLIAM M BRANNEN VSD 02124/2010 Electronic Signature of Signing Officer or Director Date AGENDA ITEM # 8C JANUARY 10, 2011 WATER AND WASTEWATER UTILITIES • CONSULTATION • OPERATION - ADMINISTRATION • CONSTRUCTION • MAINTENANCE - REGULATORY December 8, 2010 Ms. Donna Kaluzniak Utility Director City of Atlantic Beach 905 Assisi Lane Atlantic Beach, FL 32233 RE: Bid No. 1011 -02 —Utility Contractor Dear Ms. Kaluzniak, I am writing in response to your e-mail dated December 3, 2010 regarding the challenge you received regarding the above referenced bid. Your first item refers to Jax Utilities Management, Inc.'s (JUM) references. JUM was formed in 1974 as a utility management company, after its management realized there was a need for experienced personnel to maintain, operate, construct and consult with the system owners, regarding the utility systems they owned. We were retained by the owners of water and sewer utilities and given full responsibility for the operation of the utilities. This included all billing, maintenance and repairs of the water and wastewater plants, transmission lines, services and fire hydrants. We were required to be available 24 hours a day, 365 days a year. In 1974 Cedar Hills Utilities, Inc. and its subsidiaries were sold to the City of Jacksonville (City) and JUM was formed to continue management operations for the City. After a few years we also had contracts with the City to run San Mateo and Oakhill Utilities, bringing our customer total to approximately 10,000 which accounted for approximately 21 % of the Cities customers. We managed these utilities from 1975 through 1986. The City of Atlantic Beach purchased the Bucaneer system in Mayport and retained JUM to rebuild and operate the system for approximately 3 years. In 2007, Intercoastal Utilities Inc., a system we operated since 1983 was sold to St. Johns County (County). The County requested that we continue to operate the system for an additional 6 months. P.O. BOX 6898 • JACKSONVILLE, FLORIDA 32236 -6898 - (904) 779 -5353 • FAX (904) 779 -5733 - AGENDA ITEM # 8C JANUARY 10, 2011 JUM has one service contract with the City of Jacksonville Parks Department to maintain, check and repair lift stations and small package plants. We have had this contract since 2006 and it is in the process of being renewed for 5 additional years. Also, since October 2001 JUM has continuously worked for the City of Jacksonville by winning lowest bidder contracts for County Wide Drain Line Replacement and /or New Drainline Construction, Ditch Cleaning / Rehabilitation County Wide and Continuous Storm Drain Cave in and Repair. The Continuous Storm Drain Cave in and Repair is in the process of being renewed for 2 renewal periods of 3 years each. JUM has managed operations, billing, emergency maintenance, water and wastewater plants, lift stations, force mains, water mains, reuse mains in Duval, Clay, Nassau and St. Johns County for the City of Jacksonville, ITT Rayonier, Southside Utilities, St. Johns Service Company, Gate Land (Ponte Vedra and Southside Utilities) from 1975 to 2007. Unfortunately, most of the people that we were involved with have retired or are deceased. Listed below are some of the utilities systems we operated. Intercoastal Utilities St. Johns County Canal Utilities Sunray Utilities Sunray Utilities Fruit Cove Utilities Duval County Nassau County St. Johns County St. Johns County • JUM does have a shop and personnel for fabricating miscellaneous metals located at 5465 Verna Blvd. Jacksonville, FL 32205 • The person that signed the prequalification package and bid form was Charles Freshwater, Vice President and Asst. Secretary. Please see the attached Secretary's Certificate. I hope this letter clarifies the qualifications of JUM as outlined in the invitation to bid prequalification requirements. If you have any questions or need further information, please let me know. Sincerely,, � v Mike James Vice President AS 1#5 7 .' V 4.'' %`: - q j I f � SL , i ., A , .� - • - r4 ` L. � 4�F"�T:1. y ' 7 r ' , T�y�f •: � . 7 � t �z� . "A , ZT gj a I .. 7. fi p;jl ). �LL . . e R a � } . . . . . . . . . . . . . . . . W 1 p NIX b y . . . . . . . . . . . V : 'too- I ~ :i {��r'� - ��f't+y� r .. - ,. �� , _-'�.aY�'�A��S - .. •�a �J�s*S'!�•�+�,`. �(f?�,e `�t�"��. �� is TN ,.F..4 1�� _1,r1`�,+ {I � r r,I �� L y�la�� !�5.��!3 2 Q. BIT ! Q4 V4 A 4w -jj 1 -.1 , � v k - IM , Q . i y�l:;��.. 'I- + , ��•� +:. ��rl� •.�ti �s' j`�:1�_a�' 4''• °-''i1f1 .� -51' 7 " =.1��' • f #. 16 Ilk - off.... AGENDA ITEM # 8D JANUARY 10, 2011 AGREEMENT REGARDING CONSTRUCTION OPERATION AND MAINTENANCE OF BEACHES VETERANS MEMORIAL PARK AGREEMENT made and entered into this day of January, 2011, at Atlantic Beach, Duval County, Florida, by and between the CITY OF ATLANTIC BEACH, FLORIDA, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and BEACHES VETERANS MEMORIAL PARK CORPORATION, Atlantic Beach, Florida 32233 (hereinafter WHEREAS, the City agrees to allow construction of certain facilities on its property on West V Street for use as a Veterans Memorial Park, and WHEREAS, it is anticipated that the BVMP will raise funds for future park improvements and/or additions as well as for maintenance of said park through a variety of measures as described below, and WHEREAS, any such improvements and/or additions shall be constructed by the City or contractors working for the City, unless otherwise authorized by the City Manager, and WHEREAS, the parties are in full and complete agreement to all terms, provisions and conditions as set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises as set forth herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Beaches Veteran's Memorial Park is a City owned, operated and maintained park where the City has partnered with various Veteran's Service Organizations as members of the BVMP to provide a location for a permanent memorial area, designated as the Chaplain's Memorial Garden, and to construct a permanent pavilion and flag area for ceremonies and community entertainment opportunities. The BVMP and member organizations will have priority for use of the park facilities for events as noted below. 2. Responsibilities for the operation and maintenance of the Beaches Veterans Memorial Park shall be performed by the parties as follows: (a) City: The City shall be responsible for all routine maintenance (e.g., mowing the park regularly; emptying trash cans, etc.). Once the Chaplains Memorial Garden is constructed, the BVMP will be responsible for maintenance of the area inside the garden area. The City shall also be responsible for repairs to park facilities, such as benches, fences, water fountains, and all strictly recreational features. The park is to be owned and operated by the City with normal hours from approximately dawn to dusk. Events must be scheduled using the City's existing Special Event process. Events outside normal hours must be specifically approved by the City Manager. The City will include information about the park, including location, rules and hours of operation on its website. (b) The City will control flag operations not associated with Veterans organization ceremonies, including but not limited to, half masting the flag on days designated by the U.S. Flag Code or by Presidential or Gubernatorial Proclamation. The City will also be responsible for removing the flag AGENDA ITEM # 8D JANUARY 10, 2011 in case of predicted severe weather (e.g., hurricane) and for replacing the flag when necessitated by deteriorated physical condition. (c) BVMP The BUMP shall be responsible for the architectural design of the Chaplain's Memorial Garden and all fixtures tote constructed within. The overall design and plan for installation of all permanent structures must be approved the City Commission, however approval of specific items and who installs them will be left to the City Manager and staff. The BVMP may request the City provide the site engineering and construct the additions using City standard procedures, or with City Commission concurrence, BVMP may contract directly for installation of memorials, and other appurtenances, to be placed within the Chaplain's Memorial Garden. (d) Should the Veterans organizations desire to add the POW -MIA flag to the National Ensign display, they shall be responsible for the cost of any adjustments or alterations required to the hoisting mechanism and for replacement of the POW -MIA flag when dictated by weathering. Display of the POW -MIA flag shall occur only on the days designated by Federal Statute ("National Defense Authorization Act for Fiscal Year 1998 Public Law 105 -85 ", as may be amended). The current law includes National POW -MIA Recognition Day, Memorial Day, Armed Forces Day, Flag Day, Independence Day and Veterans Day. 3. BVMP Corporation The BVMP is expected to raise funds to participate in the capital improvements related to the Veterans memorial features and to significant items of maintenance for the park as funds are available. Such items anticipated may include, but are not limited to, re- sodding, fence replacement and other major maintenance expenses. The BVMP shall be allowed to raise funds for future improvements and /or additions and maintenance to the Beaches Veterans Memorial Park property as follows: (a) Brick sales Installation of memorial or dedication bricks shall be in accordance with a separate written agreement with the City documenting the area approved for brick installation and designating responsibilities for maintenance, etc. It is anticipated that there will be various areas in the Beaches Veterans Memorial Park for which the BVMP can "sell" bricks as memorials or dedications to veterans or organizations. These bricks may designate names of individuals or businesses, but shall not include any advertising such as telephone numbers or website addresses. (b) Other fundraising events on the site Additional events using the flag pavilion and park are anticipated and encouraged, but they must be approved and coordinated using the City's Special Event Permit approval process beforehand. The standard Special Event permit fee will be waived for events sponsored by the BVMP signatory organizations (American Legion Posts 129, 233, and 316; VFW Post 3270; Fleet Reserve Association Branch 290; and Mayport Chapter of MOAA). (c) Sponsored donations. The BVMP is encouraged to solicit public and private donations of funds and sponsorship of particular pieces of the project to support completion of Park facilities. Sponsored items must conform to City rules with respect to prohibition of commercial advertising. 2 AGENDA ITEM # 8D JANUARY 10, 2011 4. Other provisions: (a) The BUMP shall provide to the City the names, email addresses and contact telephone numbers of all of its officers, as well as an accounting of their revenues, expenses and current fund balance beginning October 1, 2011 and annually thereafter. (b) Use of the Park's facilities for service related events such as memorial services, reunions, etc., shall be on a first come, first served basis, except that requests from the signatory organizations to the BVMP will have priority for events on National Holidays listed: Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW -MIA Recognition Day, and Veterans Day. (c) Funerals, memorial services and other events by or for individuals, even members of the various veterans' organizations, must have an approved Special Events Permit and pay the required processing fee. 5. Either party hereto may terminate this Agreement with thirty (30) days written notice to the other party, and any such notice shall be mailed to the following addresses: (a) City of Atlantic Beach, Atm. City Manager 800 Seminole Road Atlantic Beach, FL 32233 (b) Beaches Veterans Memorial Park Corporation IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date first above written. CITY OF ATLANTIC BEACH BEACHES VETERANS MEMORIAL PARK CORPORATION By Mike Borno, Mayor "CITY" Its V4 1' APPROVED AS TO FORM AND CORRECTNESS: Alan C. Jensen, Esq. City Attorney 3 AGENDA ITEM # 8E JANUARY 10, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Authorization for Signatures on Community Development Block Grant (CDBG) Paperwork DATE: December 20, 2010 SUBMITTED BY: David E. Thompson, Asst. City Manager BACKGROUND: Each year, Community Development Block Grant CDBG) funding is passed down from the Federal Government to local governments. The purpose of this funding is to make improvements that will benefit low to moderate income citizens and neighborhoods. Jacksonville receives an allocation of funding, and as a part of the Interlocal Agreement between the cities of Atlantic Beach and Jacksonville, CDBG funding is allocated to the City of Atlantic Beach based on population. If the entire Atlantic Beach allocation is not spent by Atlantic Beach annually, then the residual funding is rolled over into the following year to be reallocated in the following year(s). The total funding for 2010 -11, including money rolled over from previous years, is $131,162.49. Staff proposes to budget the funding as follows: Donner Park Improvements 1. Light installation at basketball courts $22,000.00 2. Security Lighting $1,400.00 3. Security Camera $5,500.00 4. Sod baseball field $32,000.00 5. Grade and sod Soccer Field $20,000.00 6. Add Paved Parking $50,262.49 Total $131,162.49 Atlantic Beach and Jacksonville are in the process of finalizing a contract for this funding. The Mayor's signature will be needed on the documents. BUDGET: The approval of the staff recommendations will provide $131,162.49 for the projects discussed above. RECOMMENDATIONS: To authorize the Mayor to sign the contract with the City of Jacksonville, and any subsequent documents necessary for the administration of the CDBG grant for 2010 -11. ATTACHMENTS: Proposed Contract Between the City of Jacksonville and the City of Atlantic Beach REVIEWED BY CITY MANAGER: SZ�Z AGENDA ITEM NUMBER: AGENDA ITEM # 8E JANUARY 10, 2011 CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH THIS CONTRACT made and entered in triplicate effective as of October 1, 2010 ( "the Effective Date "), is by and between the CITY OF JACKSONVILLE, a Florida municipal corporation in Duval County, Florida (the "City "), and the CITY OF ATLANTIC BEACH, a Florida municipal corporation in Duval County, Florida (the "Recipient "). WITNESSETH: WHEREAS, the United States Department of Housing and Urban Development awarded the City a Community Development Block Grant (CDBG) which provides for the development, establishment and administration of projects to benefit low and moderate income persons, aid in the elimination of slums and blight or meet an urgent community need; WHEREAS, said grant provides that the City will contract with nonprofit community organizations, to administer and implement the project set forth therein; WHEREAS, it is in the best interest of the City to enter into a contract with the Recipient for the administration of a portion of said grant; WHEREAS, pursuant to the appropriation and approval set forth in Ordinances 2008- 643-5, 2009 - 634 -E, and 2010 - 612 -E, the City hereby engages the services of the Recipient to administer and implement a portion of the CDBG funds for the project as more particularly set forth in Exhibit "A" the "Project "); NOW, THEREFORE, in consideration of the mutual premises and covenants, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: ARTICLE 0 Incorporation by Reference 0.1 The above stated recitals are accurate, true and correct and, by this reference, are made a part hereof and are incorporated herein. 0.2. Any exhibit or attachment to this contract that is referenced in this contract is, by this reference, made a part of this contract and is incorporated herein. ARTICLE I Supervision 1.1 The Recipient agrees to perform the required services for the Project under the general coordination of the Community Development Division of the Housing and Neighborhoods Department, City of Jacksonville. The City contact and address (for notices) is: Community Development Division, Attn: Glory Dixon 214 N. Hogan Street, Suite 800 Jacksonville, Florida 32202 Phone: (904) 255 -8275 Fax: (904) 255 -8280 E -mail: gdixon @coj.net AGENDA ITEM # 8E JANUARY 10, 2011 ARTICLE II Scope of Services 2.1 The Recipient agrees to perform the services necessary to complete the Project described in Exhibit "A ", attached hereto and made a part hereof. If any services, functions, or responsibilities not specifically set forth in this contract are necessary for the proper performance of the Project, then they shall be deemed implied by and included within the Project. 2.2 In addition to the requirements, limitations and restrictions set forth elsewhere in this contract, Recipient shall use the funds in a manner consistent with all applicable and governing federal, state and local laws, rules, regulations and policies, and any subsequent amendment thereto, during the term of this contract, including without limitation, all laws rules, regulations and policies governing CDBG funds, the terms of which are incorporated herein by this reference. Recipient acknowledges and agrees that it has reviewed, understands and is familiar with all such applicable and governing federal, state and local laws, rules, regulations and policies concerning this contract. If any of the obligations of this contract are to be performed by a subcontractor of Recipient, Recipient shall incorporate the provisions of this section into and shall become a part of the subcontract. Additionally, Recipient represents and warrants to City that Recipient has its own municipal code of ethics and procurement code and will comply with the provisions of the Atlantic Beach Ethics Code and the provisions of the Atlantic Beach Purchasing Code. ARTICLE III Fundin 3.1 The City agrees to pay the Recipient $131,162.49, which amount is the maximum indebtedness of the City pursuant to this contract. 3.2 The City shall pay this amount over the period of this contract commencing on the Effective Date and ending September 30, 2011, to the Recipient for services rendered herein on a reimbursement basis and in accordance with the provisions of this contract and as set forth in Exhibit "A " . In no event shall City be required to advance any of such funds. The Recipient shall expend the funds solely and exclusively for the Project described in this contract. The Recipient shall not expend or otherwise use any of the funds for any other purpose 3.3 The method of payment shall be according to the Financial Procedures, as described in Exhibit "B " , attached hereto and made a part hereof. The City shall not be obligated or required to make any disbursements if the Recipient is in breach of this contract. 3.4 Any unused or residual funds remaining at the termination or expiration of this contract (or left over after completion of the Project) shall be rolled -over to the following CDBG year contract for the use of the Recipient and allocated to the next vear's proiects revert t o distrobuted to ReGipient, th8R SUGh funds are to be due and payable on SUGh date of the terminatien or exp*FatiE)R and shall be returned by ReGipient to the City no later thaR thirty (30) days thereafter. In the event Recipient receives or expends any portion of the funds in a manner inconsistent with the terms of this contract or any applicable and governing federal, state or local law, rule regulation or policy, then Recipient shall immediately refund and return all such funds to City without demand or further notice. Recipient shall also reimburse City for all costs, expenses and fees, including attorneys' fees and court costs, incurred or expended by City in connection with any collection efforts to recover any funds due City pursuant to this AGENDA ITEM # 8E JANUARY 10, 2011 contract. The City may immediately terminate the contract if funds are improperly spent, and such termination may be provided orally with a written notice to follow. 3.5 Funds may be transferred from line item to line item within the line items specified in Exhibit "B" only with prior written approval of the City, provided that no expenditure shall exceed the maximum indebtedness set forth in section 3.1 of this contract. 3.6 The use of funds described in this contract is subject to the written approval of the United States Department of Housing and Urban Development. 3.7 In addition to the provisions of section 3.4 above, upon expiration or termination of this contract, the Recipient shall transfer to the City any funds on hand at the time of expiration and any accounts receivable attributable to the use of funds. Further, any real property under the Recipient's control that was acquired or improved in whole or in part with funds (including funds provided to the Recipient in the form of a loan) in excess of $25,000 is either: (i) Used to meet one of the national objectives in §570.208 (formerly §570.901) until five (5) years after expiration of the contract, or for such longer period of time as determined to be appropriate by the recipient; or (ii) Not used in accordance with paragraph title 24 CFR Part 570.503(b)(7)(i), in which event the Recipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City, and no payment is required after the period of time specified in subsection(i) of this section. ARTICLE IV Reporting 4.1 The Recipient shall provide the City with a monthly report (in form and content acceptable to City) showing all activities, including a narrative summary of progress and a financial statement showing all expenditures appropriate to the Project. All expenditure of funds shall be made on a unit of service basis or as set forth in the Attachments. 4.2 The Recipient shall use the report form that has been approved by the City, as described in Exhibit "C" hereto and made a part hereof. The City shall be permitted to modify this form at any time during the term of this contract. 4.3 The report shall be due on the tenth (10` day of each month and shall continue until all information concerning the Project has been received by the City. 4.4 The Recipient's failure to submit monthly reports shall give cause to the City to either withhold further payments to the Recipient or termination of this contract. 4.5 The Recipient shall provide the City with additional Project information as requested by the City from time to time. ARTICLE V Indemnification; Insurance 5.1 The Recipient shall act as an independent contractor, and not as an employee, agent, partner, joint venturer, representative or associate of the City, in operating the aforementioned services set forth in this contract. Recipient shall be solely responsible for the means, methods, techniques, sequences and procedures utilized in the full performance of this contract. 5.2 Subject to the provisions and limitations of Section 768.28, Florida Statutes, the Recipient shall be liable, and agrees to be liable for, and shall hold harmless, indemnify and 3 AGENDA ITEM # 8E JANUARY I0, 2011 defend City and its members, officials, employees, representatives and agents from and against all claims, actions, lawsuits, judgments, settlements, losses, damages, injuries, liabilities, costs and expenses, including attorneys' fees and court costs, of any kind or nature, suffered or incurred by City or its members, officials, employees, representatives or agents arising out of, relating to, in connection with or caused by negligent act or omission of Recipient or any of its directors, officers, employees, agents, representatives, related entities, general contractors, subcontractors, materialmen, laborers or other persons in connection with this contract or the Project. This indemnification is separate and apart from, and is in no way limited by, any insurance provided pursuant to this contract or otherwise. This indemnification is not, nor shall it be interpreted as, a further waiver of Recipient's sovereign immunity beyond the limited legislative waiver thereof in Section 768.28, Florida Statutes. 5.3 Without limiting its liability under this contract, the Recipient shall procure and maintain at its sole expense during the life of the contract (and Recipient shall require its contractors, subcontractors, laborers, materialmen and suppliers to provide, as applicable), insurance of the types and in the minimum amounts stated below, and provide a certificate evidencing the required coverages to the City: Schedule Worker's Compensation Employer's Liability Limits Florida Statutory Coverage $ 100,000 Each Accident $ 500,000 Disease Policy Limit Commercial General Liability Including Premises Operation & Blanket) Contractual Liability) $2,000,000 Products /Comp., Ops Agg. $1,000,000 Personal /Advertising Injury $1,000,000 Each Occurrence $ 50,000 Fire Damage $ 5,000 Medical Expenses Automobile Liability $1,000,000 Combined Single Limit (all automobiles — owned, hired or non - owned) 5.4 All coverages shall be evidenced by a Certificate of Insurance and shall provide for thirty (30) days prior written notice of any cancellations, non - renewal, or adverse change in coverage. The City of Jacksonville shall be named in the coverages as an additional insured as its interest may appear. 5.5 The City acknowledges that Recipient is a municipal corporation in the State of Florida and warrants, and represents that it is self insured for worker's compensation, general liability, and other coverage, with said protection being applicable to officers, employees, servants, and agents while acting within the scope of their employment by Recipient. Its self insured fund and various policies are authorized by Section 768.28(16), Florida Statutes. Recipient agrees to maintain its self insurance fund and excess policies for the duration of this Agreement. Furthermore, nothing contained herein shall be construed or interpreted as: (i) denying to either party any remedy or defense available to such party under the laws of the State of Florida; or (ii) a waiver of sovereign immunity of the Recipient beyond the waiver provided in Section 768.28, Florida Statutes. AGENDA ITEM # 8E JANUARY 10, 2011 ARTICLE VI Contract Period and Termination 6.1 This contract shall be effective for the period beginning on the Effective Date and shall terminate on September 30, 2011, unless canceled sooner with or without cause, by either party by giving thirty (30) days prior written notice of such cancellation. 6.2 Provided, that if the Recipient should materially fail to comply with any term of the award, suspension or termination may occur in accordance with 24 CFR 84.61 and in accordance with 24 CFR 84.62, which provisions are incorporated herein by this reference, and the award may be terminated for convenience by the City on behalf of HUD. In the event that funds should fail to be or cease to be provided to the City, then the City may terminate this contract instantly and shall reimburse payments that were expended up to that date of the termination only. 6.3 In addition to the City terminating for convenience the contract upon thirty (30) days notice as set forth in section 6.2 above, if the City terminates this contract due to an event of default of Recipient, then the City may also exercise all rights and remedies it may have at law or in equity. Failure on the part of City to notify Recipient of a default shall not be deemed to be a waiver by City as to its rights on such default of Recipient and shall not be deemed to be a waiver of City's right to notify Recipient of such default at a subsequent time, and such a notice shall have the same effect as if promptly made. 6.4 The occurrence of any one or more of the following events prior to the expiration of the term shall constitute an event of default hereunder: (a) failure to perform or observe any material term, agreement, covenant or condition of this contract or any of the agreements or other instruments attached hereto as exhibits, which such default continues for thirty (30) days after written notice thereof (unless a shorter period is set forth elsewhere in this contract); (b) a violation of any applicable and governing federal, state or local law, rule, regulation or policy with respect to the subject matter hereof; (c) any representation or warranty contained in this contract shall be false or misleading in any material respect; (d) the application by the Recipient for, or consent to, the appointment of a receiver, trustee, liquidator or custodian (or similar official) of its or all or a substantial part of its assets, or if any party shall be unable or admit in writing its inability to pay its debts as they mature, make a general assignment for the benefit of creditors, be adjudicated a bankrupt or insolvent, file a voluntary petition in bankruptcy or a petition or answer seeking reorganization or any arrangement with creditors or agrees to take advantage of any insolvency law, file an answer admitting the material allegations of a petition filed against it in any bankruptcy, reorganization or insolvency proceeding or if any corporate action shall be taken by it for any purpose of effecting any of the foregoing, or if any order, judgment or decree shall be entered by a court of competent jurisdiction approving a petition seeking reorganization or appointing a receiver, trustee, liquidator or custodian (or other similar official) of any party hereto or of all or a substantial part of its assets, and such other judgment or decree shall continue unstayed and in effect for a period of thirty (30) consecutive days; or (e) an event of default of the Recipient under any other agreement or transaction between the Recipient and City. ARTICLE VII Uniform Administrative Requirements 7.1 The Recipient shall comply with the requirements and standards of OMB Circular No. A- 122, "Cost Principles for Non - Profit Organizations ", as may be amended, and with Title 24 Housing and Urban Development, CFR Part 84, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - profit Organizations," as may be amended. AGENDA ITEM # 8E JANUARY 10, 2011 7.2 The Recipient shall maintain Project records (including records of the Recipient's general contractors, subcontractors, materialmen, laborers, and other persons engaged in connection with this contract) a minimum of five (5) years after the termination or expiration of this contract (the Recipient is required to retain Project records for four (4) years to comply with program requirements as set forth in 24 CFR 570.503, with exceptions of any litigation or claim as stated in 24 CFR Part 84.53(b)(1), and the Recipient is required to maintain Project records for five (5) years to comply with Florida public records laws). The Recipient shall make available to the City, the City's agents, and HUD and permit said parties to examine, inspect, and have access to, at all reasonable times, such Project records. ARTICLE VIII General Provisions 8.1 The Recipient shall hire an independent certified public accountant to audit the program (not to be funded from these grant monies) in accordance with OMB Circular A -133 or its successor OMB Circular as available from time to time. If a grant specific audit is conducted, it must be submitted to the City no later than 180 days after the end of the contract. If included in the Recipient's overall organizational audit(s), then it must be submitted no later than 180 days following the end of each fiscal year during which grant funds were expended. 8.2 The Recipient agrees to abide by the provisions of Section 112.3135, Florida Statutes, as from time to time amended, pertaining to nepotism in their performance under this contract. 8.3 The Recipient agrees to abide by Chapter 119, Florida Statutes, and related laws, concerning the Public Records laws as from time to time amended. 8.4 The Recipient accepts these funds so appropriated in accordance with the terms of this contract and shall abide by the audit requirements of this Agreement as from time to time amended by the City. 8.5 The Recipient agrees to adhere to its municipal City procurement requirements in their purchase of labor, materials, supplies, and equipment, and will maintain written documentation of such procurement in its records. ARTICLE IX Conflict of Interest 9.1 In the procurement of labor, supplies, equipment, construction and services by the Recipient or by any sub - recipient, the conflict of interest provisions in 24 CFR 84.42, as may be amended and incorporated herein by reference, shall be adhered to, as applicable. 9.2 No person who is an employee, agent, consultant, officer, or elected official or appointed official of the Recipient, or of any designated public agencies, or sub - recipients which are receiving CDBG funds or who exercise or have exercised any functions or responsibilities with respect to CDBG activities or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one (1) year thereafter. 9.3 Upon the written request of the Recipient, the U.S. Department of HUD may grant an exception to the provisions of 9.1 on a case -by -case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the Recipient's program or Project. AGENDA ITEM # 8E JANUARY 10, 2011 ARTICLE X Other Federal Program Requirements 10.1 The Recipient shall carry out each activity in compliance with all applicable Federal laws and regulations checked below: X Pub. L 88 -352 - Title VI of the Civil Rights Act of 1964 X Pub. L. 90 -284 - Title Vill of the Civil Rights Act of 1968 X Executive Order 11063 as amended by Executive Order 12259 X Section 109 of the Act X Labor Standards X National Flood Insurance Program Relocation and Acquisition X Employment and Contracting Opportunities: X Executive Order 11246 (41 CFR Chapter 60) X Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) X Lead -Based Paint X Use of Debarred, Suspended or Ineligible Contractors or Sub - recipients Displacement X Nondiscrimination Based on Handicap X Section 504 of the Rehabilitation Act of 1973 X Environmental Protection Agency Regulations National Environmental Policy of 1969 X Code of Federal Regulation, Title 24, Volume 1, Part 135 10.2 To the extent applicable to the Project, this contract is also governed by the following federal laws and provisions required by Title 24, CFR, Appendix A to Part 84: A. Equal Employment Opportunity — All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." B. Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) — All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. C. Davis -Bacon Act, as amended (40 U.S.C. 276a to a -7) — When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a -7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction "). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made 7 AGENDA ITEM # 8E JANUARY 10, 2011 by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD. D. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333) — ( CWHSSA) To the extent applicable, under federal monetary threshold amounts for prime contracts, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 '/ times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. E. Rights to Inventions Made Under a Contract or Agreement — Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by HUD. F. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended — Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.) Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA). G. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) — Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. H. Debarment and Suspension (E.O.s 12549 and 12689) —No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension," as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. M AGENDA ITEM # 8E JANUARY 10, 2011 I. Drug -Free Workplace Requirements —The Drug -Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug -free workplaces. Each potential recipient must certify that it will comply with drug -free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. The Recipient shall also comply with the following requirements to the extent applicable: Non - Discrimination in Federally Assisted Programs as set forth in Title 41 Public Contracts and Property Management; 41 CFR Part 60; non - Discrimination Based on Age or Handicap as set forth in Age Discrimination Act of 1975, as amended, and 24 CFR Part 146; Employment and Contracting Opportunities as set forth in Section 3 of the Housing and Urban Development Act of 1968, 24 CFR Part 135; Minority /Women's Business Enterprise as set forth in Executive Orders 11625 and 12138, and 24 CFR Part 85 Subpart C Section 36(e); Lead Based Paint Poisoning Prevention as set forth in 24 CFR Part 35; New Restrictions on Lobbying as set forth in 24 CFR Part 87; Displacement, Relocation Assistance and Real Property Acquisition as set forth in 49 CFR Part 24 and 24 CFR Part 42; National Flood Insurance as set forth in Flood Disaster Protection Act of 1973; 42 U.S.C. 40001 Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction; HUD 4010 Federal Labor Standards Provisions; HUD 4010 Federal Labor Standards Provisions; General Provisions set forth in 24 CFR Part 135, Volume 1; Relating to the Use of Volunteers as set forth in 24 CFR Part 70; Relating to Down Payment Assistance as set forth in 24 CFR 92.354 (a)(2); HOME National Affordable Housing Act of 1990 (NAHA); and Use of Disbarred, Suspended or Ineligible Contractors or Sub - recipients as set forth in 24 CFR Part 24; 29 CFR 5.12(a)(1). K. The Recipient shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to the persons served; the Recipient shall comply with Title VII of the Civil Rights Act of 1964 (42 USC 2000e) in regard to employees or applicants for employment; the Recipient shall comply with Section 504 of the Rehabilitation Act of 1973 in regard to employees or applicants for employment and clients served; and the Recipient shall comply with the Americans with Disabilities Act of 1990 (Public Law 101 -336) in regard to employees and persons served. L. The Recipient shall not discriminate against any person or family on the grounds of race, color, national origin, sex, religion, family status, or handicap in the use, lease, rental, sale, or occupancy of any residential unit in the Property. Age discrimination and discrimination against minor dependents are also not permitted. Recipient shall further meet the equal opportunity and fair housing requirements of 24 CFR Part 92.350, 24 CFR Part 107, Title VI of the Civil Rights Act of 1968, as amended "Fair Housing Act" 2 U.S.C. 3601; 24 CFR Part 100, and Executive Order 11063. M. If the Recipient is or was created by a religious organization, the Recipient agrees that all funds disbursed under this contract shall be subject to the conditions, restrictions, and limitations of 24 CFR 5.109 and 24 CFR 92.257. N. The Recipient shall comply with the Federal Funding Accountability and Transparency Act, P.L. 109 -282 (the "Act "), including all reporting requirements contained therein. In accordance with the requirements of the Act, the Recipient shall provide City with the following information contemporaneously with the Recipient's execution of this Contract: Provide City with the names and total compensation of the Recipient's five most highly compensated officers if the Recipient in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards; and $25,000,000.00 or more in annual gross revenues from federal awards; and the public does not have access to this information about the compensation of the senior executives of the Recipient through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of M AGENDA ITEM # 8E JANUARY 10, 2011 1934 (15 U.S.C. § § 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986, as provided in § 2(b)(1) of the Act; and Provide City with the Recipient's entity information, Data Universal Numbering System ( "DUNS ") number, and Parent DUNS number, if applicable; and iii. Register in the United States Government's Central Contractor Registration System ( "CCR ") pursuant to the provisions of the Act and provide City with documentation verifying the same at the time of Recipient's execution of this Contract. Recipient must ensure that such registration remain current and in good standing throughout the term of this Contract. Recipient further agrees to provide City with additional information and documentation throughout the term of this Contract as may be requested by City to ensure alignment of Recipient's system and processes to meet the reporting requirements and other requirements of the Act. Notwithstanding any provision in this Contract to the contrary, a Recipient's violation of this section shall be cause for immediate suspension of payment to Recipient of the grant funds provided herein by City and unilateral cancellation of this Contract by City upon thirty (30) days prior written notice to Recipient of such cancellation. O. The Recipient shall comply with the Federal Immigration and Naturalization Act. City shall consider the employment by Recipient of unauthorized aliens a violation of Section 274A(e) of the federal Immigration and Naturalization Act. Such violation shall be cause for unilateral cancellation of this Contract upon thirty (30) days prior written notice of such cancellation. ARTICLE XI Representations and Warranties by Recipient 11.0 Without limiting the representations, warranties and covenants of Recipient set forth elsewhere in this contract, as a material inducement for City to enter into this contract, Recipient represents and warrants to City (and unless otherwise specified, such representations, warranties and covenants are true as of the Effective Date and shall continue and be effective during the term of this contract as if continuously reiterated) that: 11.1 Recipient is a Florida nsn- prefit municipal corporation duly incorporated and validly existing under the laws of the State of Florida and authorized to conduct business and in good standing in the State of Florida. Recipient has full power and authority (including the Recipient obtaining any and all third party required consents) to execute and deliver this contract and all documents contemplated hereby, and perform its obligations arising hereunder and thereunder, and that Recipient's entering into this contract will not conflict with or result in a breach of any other agreement to which the Recipient is a party. The individuals signing on behalf of Recipient have full power and authority to do so. 11.2 Recipient has to exem tat„ puF cant to C°otion 501 (G)(3) of the Internal R°v°nu� Code. is exempt from taxation in certain instances including those provided in the Constitution of the State of Florida (Art. VII Sec. 3) and in Chapter 163, 196 and 212 of the Florida Statutes. 11.3 The making, execution and delivery of this contract and performance of all obligations hereunder by Recipient have been duly authorized and approved by the s h ^ r°holdeFs member paFtn °r or Beard of Dir°ntorS (as the nos° may h° ) City Commission of Recipient 10 AGENDA ITEM # 8E JANUARY 10, 2011 11.4 This contract and all documents contemplated hereby each constitute a legal, valid and binding obligation of Recipient, enforceable in accordance with their respective terms, assuming execution of the same by City. 11.5 This contract and all documents contemplated hereby do not and will not contravene any provision of the governing documents of Recipient, any judgment, order, decree, writ or injunction to which Recipient is bound, or any provision of any applicable law or regulation to which Recipient is bound. The execution and delivery of this contract and all documents contemplated hereby, and performance of its obligations hereunder and thereunder will not result in a breach of or constitute a default under any agreement or require the consent from any third party. 11.6 Recipient and each of its general contractors, subcontractors, materialmen, laborers and other persons performing services relating to the Project hold all necessary licenses, permits and authorizations required by all applicable governmental agencies and authorities as a condition to conduct business in the State of Florida and to work on the Project. 11.7 Recipient has not employed or retained any third party having a relationship with City to solicit or secure this contract and has not paid or agreed or promised to pay any such person any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the execution of this contract. 11.8 Recipient has not engaged a broker, finder or other similar third party in connection with this contract that would obligate City to pay any cost, expense, fee to such broker, finder or other similar third party. 11.9 To the extent that construction of the Project may be required, Recipient has obtained for the construction of the Project, or will obtain prior to beginning of construction of the Project, all necessary approvals and consents from all governmental or quasi - governmental authorities having jurisdiction over the Project, including, but not limited to, street openings or closings, zoning and use and occupancy permits, sewer permits, environmental permits and approvals, building permits, highway occupancy permits, subdivision and land development approvals, and approvals of fire underwriters (collectively, the "Governmental Approvals "), and all Governmental Approvals are or will be final, unappealed, and unappealable, and remain in full force and effect without restriction or modification. 11.10 To the extent applicable to this Contract, no notice of taking by eminent domain or condemnation of any part of the Property has been received, and Recipient has no knowledge that any such proceeding is contemplated with respect to the Project and /or improvements. 11.11 To the extent that real properties or dwellings are contemplated by this Contract, no part of any such real property or dwelling unit contemplated by this contract has been damaged or injured as a result of any fire, explosion, accident, flood, or other casualty that is not now fully restored. 11.12 To the extent that real properties or dwellings are contemplated by this Contract, Each and every parcel of real property and dwelling unit contemplated by this contract abuts and has direct access to a legally opened public right -of -way. 11.13 To the extent that real properties or dwellings are contemplated by this Contract, electricity, public potable water and public sanitary and storm sewerage facilities and, if shown on the plans and specifications, natural gas service are available at each and every parcel of 11 AGENDA ITEM # 8E JANUARY 10, 2011 real property and dwelling unit contemplated by this contract, or will be available prior to beginning construction, and are of sufficient capacity to service the Project and improvements. 11.14 To the extent that real properties or dwellings are contemplated by this Contract, all public improvements included as part of the Project and /or improvements have been fully authorized by appropriate municipal ordinance or other required municipal action, or will be so authorized prior to beginning construction. Recipient is not in default under any of agreement with City, and Recipient has satisfied all conditions imposed by any governmental authority in connection with the grant of development approval for each and every parcel of real property and dwelling unit contemplated by this contract. ARTICLE XII Miscellaneous 12.1 This contract shall not be amended or modified in any way except by an instrument in writing executed by both parties hereto. 12.2 All notices to be given hereunder shall be in writing and personally delivered or sent by registered or certified mail, return receipt requested, or delivered by a courier service utilizing return receipts, to the party at the following addresses and such notice shall be deemed given and received for all purposes under this Contract three (3) business days after the date same are deposited in the United States mail, if sent by registered or certified mail, or the date actually received if sent by personal delivery or courier service. The address for the City is set forth in Section 1 above, and the address for the Recipient is set forth below its signature. 12.3 TIME IS OF THE ESSENCE in the performance by any party of its obligations hereunder. If any date of significance hereunder falls upon a Saturday, Sunday, or legal holiday, such date shall be deemed moved forward to the next day which is not a Saturday, Sunday or legal holiday. Saturdays, Sundays and legal holidays shall not be considered business days. 12.4 No waiver of any term of or obligation pursuant to this contract may occur or be enforced unless it is signed by both parties hereto. The failure or delay by either party in asserting any of its rights or remedies as to any default hereunder shall not constitute a waiver of such default or any other default or of related rights or remedies. 12.5 Except with respect to rights and remedies expressly declared to be exclusive in this contract, the rights and remedies of the parties hereto are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 12.6 Except as expressly provided to the contrary herein, each section, part, term or provision of this contract shall be considered severable, and, if for any reason, any section, part, term or provision herein is determined to be invalid, contrary to or in conflict with any existing or future law, rule or regulation by a court or governmental agency having competent jurisdiction, such determination shall not impair the operation of or have any other affect on the remaining sections, parts, terms or provisions of this contract, which shall continue to be given full force and effect and bind the parties hereto, and such invalid sections, parts, terms or provisions shall deemed to be not a part of this contract. 12.7 This contract and the rights and obligations of the parties hereto shall inure to the benefit of and be binding upon the parties hereto. This contract is for the sole and exclusive 12 AGENDA ITEM # 8E JANUARY 10, 2011 benefit of the parties hereto, and no third party is intended to or shall have any rights or benefits hereunder. 12.8 Recipient acknowledges consents and agrees that all legal actions or proceedings arising out of or related to this contract shall lie exclusively in a state or federal court in Duval County, Florida. This contract shall be governed by, construed and enforced in accordance with the laws of the State of Florida. 12.9 In conformity with the requirements of Section 126 Part 4, Jacksonville Ordinance Code, and Recipient represents and warrants to City that Recipient has adopted and will maintain a policy of nondiscrimination, as defined by such ordinance, throughout the term of this contract. Recipient agrees that, on written request, it will permit reasonable access to its records of employment, employment advertisement, application forms and other pertinent data and records by the executive director for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this contract; provided, that Recipient shall not be required to produce for inspection records covering periods of time more than one (1) year prior to the date of this contract. Recipient agrees that, if any of the obligations of this contract are to be performed by a subcontractor, the provisions of subsections (a) and (b) of Section 126.404, Jacksonville Ordinance Code, shall be incorporated into and become a part of the subcontract. 12.10 Recipient shall, on request of City, (a) promptly correct any defect, error or omission in this contract and any related documents; (b) execute, acknowledge, deliver, procure, record or file such further instruments and do such further acts deemed necessary, desirable or proper by City to carry out the purposes of the contract; (c) execute, acknowledge, deliver, procure, file or record any documents or instruments deemed necessary, desirable or proper by City to protect its rights against the rights or interests of third persons; and (d) provide such certificates, documents, reports, information, affidavits and other instruments and do such further acts deemed necessary, desirable or proper by City to carry out the purposes of the contract. 12.11 Unless otherwise expressly provided herein, in the event of a conflict between any provisions of this contract and any exhibit attached to or referenced in this contract, the provisions of this contract shall govern to the extent of such conflict. All parties acknowledge and agree that they have had meaningful input into the terms and conditions contained in this contract. Recipient acknowledges that it has had ample time to review this contract and related documents with counsel of its choice. Should any provision of this contract require judicial interpretation, there shall be no presumption that the terms hereof shall be more strictly construed against either party. 12.12 Captions and headings in this contract are for convenience of reference only and shall not affect the construction of this contract. 12.13 The parties hereto shall follow the provisions of Section 126.112, Jacksonville Ordinance Code, with respect to required disclosures by public officials who have or acquire a financial interest in a bid or contract with City, to the extent the parties are aware of the same. No person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, or of any designated public agencies, or contractor or subcontractors which are receiving funds or who exercise or have exercised any functions or responsibilities with respect to the Project or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or, benefit from the activity, or have a interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure or for one (1) year thereafter. In addition, in the procurement of labor, supplies, equipment, construction and services by Recipient or by any general contractor, subcontractor, materialmen, laborer or other persons working on the 13 AGENDA ITEM # 8E JANUARY 10, 2011 Project, the conflict of interest provisions of any applicable federal, state or local law, rule, regulation or policy shall be adhered to by the same. 12.14 All of Recipient's representations, warranties, indemnities and other covenants set forth herein shall be deemed continuing in nature and shall survive the expiration or early termination of this contract. 12.15 Except for contracts awarded pursuant to Section 3 of the CFR, Title 24, Volume 1, Part 135 Act, as amended (40 U.S.C. 276a to a -7), the parties hereto acknowledge and agree that a person or affiliate who has been placed on the State of Florida Convicted Vendor List, following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contractor with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity, in excess of Twenty Five Thousand Dollars ($25,000) for a period of thirty -six (36) months from the date of being placed on the Convicted Vendor List. 12.16 This contract and the rights and obligations herein may not be assigned, in whole or part, by either party without the prior written approval of both parties. 12.17 Prompt Payment to Subcontractors and Suppliers (a) Nothing herein shall prohibit Recipient from disputing, pursuant to the terms hereof, all or any portion of a payment alleged to be due to its subcontractors and suppliers. In the event of such a dispute, Recipient may withhold the disputed portion of any such payment only after Recipient has provided notice to City and to the subcontractor or supplier whose payment is in dispute, which notice shall: (i) be in writing; (ii) state the amount in dispute; (iii) specifically describe the actions required to cure the dispute; and (iv) be delivered to City and said subcontractor or supplier within (ten) 10 calendar days after Recipient's receipt of payment from City. Recipient shall pay all undisputed amounts due within the time limits imposed by this section. (b) Notwithstanding Chapter 126, Part 6, Jacksonville Ordinance Code, Recipient shall pay all contracts awarded with certified Jacksonville Small and Emerging Business ( "JSEB ") JSEBs and Minority Business Enterprise ( "MBE ") MBEs as defined therein their pro -rata share of their earned portion of the progress payments made by City under the applicable contract within seven (7) business days after Recipient's receipt of payment from City (less proper retainage). The pro -rata share shall be based on all work completed, materials, and equipment furnished or services performed by the certified JSEB or MBE at the time of payment. As a condition precedent to progress and final payments to Recipient, Recipient shall provide to City, with its requisition for payment, documentation that sufficiently demonstrates that Recipient has made proper payments to its certified JSEBs or MBEs from all prior payments that Recipient has received from City. Recipient shall not unreasonably withhold payments to certified JSEBs if such payments have been made to the Recipient. If Recipient withholds payment to its certified JSEBs or MBEs, which payment has been made by City to Recipient, Recipient shall return said payment to City. Recipient shall provide notice to City and to the certified JSEB or MBE whose payment is in dispute, which notice shall: (i) be in writing; (ii) state the amount in dispute; (iii) specifically describe the actions required to cure the dispute; and (iv) be delivered to City and said subcontractor or supplier within five (5) calendar days after Recipient's receipt of payment from City. Recipient shall pay all undisputed amounts due within the time limits imposed by this section. The failure to pay undisputed amounts to the JSEB or MBE within seven (7) business days shall be deemed a breach of contract, compensable at one percent (1%) of the 14 AGENDA ITEM # 8E JANUARY 10, 2011 outstanding invoice being withheld by the City. Continued failure to adhere to this clause may be cause for termination. (c) The prompt payment requirements hereunder shall, in no way, create any contractual relationship or obligation between City and any subcontractor, supplier, JSEB, or any third -party or create any City liability for Recipient's failure to make timely payments hereunder. However, Recipient's failure to comply with the Prompt Payment requirements shall constitute a material breach of its contractual obligations to City. As a result of said breach, City, without waiving any other available remedy it may have against Recipient, may: (i) issue joint checks; and (ii) charge Recipient a two tenths percent (0.2 %) daily late payment interest charge or other charges specified in Chapter 126 of the Code for JSEBs or MBEs and Chapter 218, Florida Statutes, for non -JSEBs or MBEs, whichever greater. 12.18 Recipient shall annually attend all training workshops relating to the subject matter hereof as reasonably required by City. 12.19 This contract may be executed in any number of counterparts and all of such counterparts taken together shall be deemed to constitute one and the same instrument. 12.20 This contract constitutes the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, representations, agreements and understandings, oral or written, between them with respect to such subject matter. IN WITNESS WHEREOF, the parties hereto duly execute this contract as of the day and year first written above. CITY OF ATLANTIC BEACH 0 James Hanson, City Manager Recipient Information Name: City of Atlantic Beach Contact: Sonya Doerr, Community Development Director Address: 800 Seminole Road Atlantic Beach, Florida 32223 Telephone: (904) 247 -5817 FAX: (904) 247 -5808 Email: sdoerr @coab.us Federal Tax Identification Number: 59- 6000267 15 AGENDA ITEM # 8E JANUARY 10, 2011 ATTEST: 0 Neill W. McArthur, Jr. Corporation Secretary CITY OF JACKSONVILLE John Peyton, Mayor In compliance with Section 24.103(e) of the Ordinance Code of the City of Jacksonville, I do hereby certify that there is or will be an unexpended, unencumbered and unimpounded balance in the appropriation sufficient to cover the foregoing contract in accordance with the terms and conditions thereof and that provision has been made for the payment of the monies provided therein to be paid. Director of Finance Contract # Account #: HNCD1A1 BGAB Project # See Page 17 Grant #: PDC001 Grant Detail #: See Page 17 Sub - Object: 08301 Amount: $131,162.49 Project Detail: (Not applicable) Form Approved: By: Office of General Counsel G: \Gov't Operations \LHodges \Housing and Neighborhoods\2010 -2011 CDBG Form Contract \CDBG - PFI Form FY2011 \CDBG (PFI) City of Atlantic Beach.doc 16 AGENDA ITEM # 8E JANUARY 10, 2011 2010 - 2011 Funds Account Number Grant Detail Project # I Sub- Object Amount Project :tivi Donner Park Improvements The following activities will be funded from carry forward funds from previous year per Ordinance #2008 - 643 -E. TOTAL $112,225.00 HNCDIAIBGAB PDC001 -09 003914 08301 $1,467.49 Donner Park Improvements TOTAL $1,467.49 The following activities will be funded with 2009 /2010 fiscal year funds per Ordinance # 2009 - 634-E. HNCD1A1BGAB PDC001 -10 004415 08301 $17,470.00 Donner Park Improvements TOTAL $17,470.00 The following activities will be funded with 2010 /2011 fiscal year funds per Ordinance # 2010 - 612-E. HNCDIAIBGAB PDC001 -11 004415 08301 $112,225.00 Donner Park Improvements TOTAL $112,225.00 TOTAL $131,162.49 17 AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT A Page 1 A I. SCOPE OF SERVICES: During the term of this contract, the Recipient agrees to: Maintain documentation that ensures eligibility and compliance with the National Objective of Community Development Block Grant Program (See Exhibit 1 ). 2. Install lighting for basketball court (to energy efficient standards). 3. Install security lighting for community center. 4. Install security camera in Donner Park. 5. Sod baseball field in Donner Park. 6. Grade and sod southern end of soccer field. 7. Add paved parking area in Donner Park. 8. Prepare Bid specifications to Davis -Bacon Act Labor Standards " and Section 3 requirements and submit to the Community Development Division for review and approval prior to the beginning of construction. 9. Provide a self - evaluation tool with quantitative and qualitative measurements. II. SPECIAL REQUIREMENTS A. The Recipient shall include in all advertisements or promotions a statement that whole or partial funding of the project is supplied by the City of Jacksonville, Community Development Block Grant program or wording to that effect. Construction projects shall include a sign indicating that whole or partial funding is supplied by the City of Jacksonville's, Community Development Block Grant program or wording to that effect. Specifications for the sign shall be supplied by the City B. The Donner Park Improvement project is an eligible Public Facilities and Improvement project, under 570.201 (c). This project is eligible under 570.208 (a) (1) (i), area benefit for low and moderate income persons; census tract 139.02, 55.8% low /mod. C. Provide monthly statistical information on clients served via form to be provided by the City. D. The following Labor Standards requirements shall be followed for construction contracts covered by these provisions: 1. Wage Decision, Federal Labor Standards and Section 3 provision will be provided to Recipient by the City. The Wage Decisions and Federal Labor standards shall be included in the Recipient's bid specifications. 18 AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT A Page 1 A 2. The Recipient's bid specifications shall be reviewed by the City before the project is advertised. 3. Contractors shall be certified by the City as eligible to participate in Federally - assisted construction projects prior to the contract award. 4. All participating contractors shall attend a pre- construction meeting during which they will be advised of their obligations to comply with the statutes and regulations that govern the use of Federal funds for construction. 5. It shall be the responsibility of the Recipient, acting as the prime contractor, to ensure that all subcontractors submit weekly payrolls. The Recipient shall also maintain weekly payroll records. All payroll records shall be forwarded to the City no later than 7 days after each work week is completed. 19 AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT B Page 1B FINANCIAL PROCEDURES I. BUDGET— The Recipient shall adhere to the following budget in the administration of this contract. Administrative Costs A. 1. Personnel Services $131,162.49 2. 1. Wages and Salaries $0.00 2. Fringe Benefits $0.00 B. Operating Expenditures $131,162.49 3. Communication Services $0.00 5. Rentals and Leases $0.00 6. Insurance $0.00 11. Office Supplies $0.00 16. Indirect Costs $0.00 C. I Capital Expenditures Total Administrative Costs: $0.00 II. Services to Clients Expenditures C. 1. Capital Expenditures Donner Park Improvements $131,162.49 2. Total Services to Client Expenditures $131,162.49 Supplemental Costs 1 Matching Funds $0.00 2. In -Kind Contributions $0.00 Total Supplemental Costs $0.00 Total CDBG Funds $131,162.49 Total Project Costs $131,162.49 20 AGENDA ITEM # 8E LINE ITEMIZATION I. Administrative Costs: JANUARY 10, 2011 EXHIBIT B Page 2B A. Personnel Services Total $0.00 B. Operating Expenditure Total $0.00 C. Capital Expenditures Total $0.00 Total Administrative Costs $0.00 II. Services to Clients Expenditures C.1. Capital Expenditures Donner Park Improvements: $131,162.49 Light Installation at basketball court $22,000.00 Security lighting for community center $1,400.00 Security Camera in Donner Park $5 Sod baseball field $32,000.00 Grade and sod soccer field $20,000.00 Add paved parking $50,262.49 Total Services to Clients Expenditures $131,162.49 Total CDBG Funds $131,162.49 21 AGENDA ITEM # 8E JANUARY t0,20tt EXHIBIT B Page 3B CASH REQUEST FORM Name: City of Atlantic Beach Request # Address: 800 Seminole Road Contract# $131,162.49 Atlantic Beach, Florida 32233 Project# Phone# (904) 247 -5817 Date Submitted: 20_ Tax ID #: 59- 6000267 $ 1. Contract funds received to date: $ 2. Contract funds disbursed to date: $ 3. Contract funds previously requested but not yet received: $ 4. Amount of this request $ All contract funds must be disbursed within three (3) days of receipt line 1, please explain: If line 2 does not equal Line Item & Description Budget Amount Received to Date Amount of this Request Remaining Balance Donner Park Improvements $131,162.49 $ $ $ TOTAL $131,162.49 $ $ $ Comments: Bank: Account # I certify that the data above is correct and the amount of the cash requested does not exceed current needs. Signature Date 22 AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT B Pages 413 — 8B Conditions Precedent to City's Disbursements METHOD OF PAYMENT A. Reimbursement Unless otherwise stated, all contract funds will be released on a reimbursement basis. The Payment request form set forth above may be submitted no more than monthly and the Recipient may not request disbursement until such time as there is a need for reimbursement of eligible costs. No disbursement shall be made until the operating expenses are incurred and reimbursement requests have been approved by the City Jacksonville. The time period for the City to process the cash request from submission of the request to availability of a check is ten to fifteen working days B. Required Documentation Cash requests must be accompanied by receipts, canceled checks, invoices, written bids, phone quotes and any other reasonable and legible documents to support the expenditure and amount of cash requested. C. Procurement The requirements of Article VIII of this contract outline the required procurement procedures and documentation for purchases. Items not specifically identified in this contract will not be reimbursed with CDBG funds. II. ADDITIONAL PROVISIONS 1.1 Maximum Amount To the extent that construction is involved: Provided that Recipient has performed all obligations of Recipient then due and subject to compliance by Recipient with the terms and conditions of this contract, City shall make disbursements (each, a "Disbursement" and collectively, the "Disbursements ") to Recipient for the "Direct Costs of the Improvements," up to the maximum amount of the grant funds awarded pursuant to this contract and in accordance with the CDBG regulations. However, in no event shall City be obligated to make any disbursements in excess of the "Verified Improvements Costs" defined below. For purposes of this contract, the term "Direct Costs" shall mean the direct construction costs actually incurred and paid by Recipient in connection with the construction of the Improvements in accordance with and as itemized in the Budget, and the term "Verified Improvements Costs" shall mean the aggregate amount of the Direct Costs, as certified by City Inspector pursuant to the terms of this contract. 1.2 Deficiency 1.2.1 Deficiency as to Improvements Funding To the extent that Construction is involved: If, prior to any Disbursement and for any reason, City determines, in its sole and absolute discretion, that the actual cost to complete the Improvements exceeds the amount of the Proceeds then not disbursed, then City may require Recipient, at the sole cost and expense of Recipient, to fund the costs of the Improvements without reimbursement or any further Disbursements from City until such deficiency no longer exists. At City's option, no Disbursements shall be made until Recipient has fully complied with this requirement. 1.2.2 Deficiency of Project Funding To the extent that construction is involved: If, prior to any Disbursement and for any reason, City determines, in its sole and absolute discretion, that the actual cost to complete the Project exceeds the amount of funding then 23 AGENDA ITEM # 8E JANUARY 10, 2011 available to Recipient, then City may require Recipient, at the sole cost and expense of Recipient, to fund the costs of the Project without reimbursement or any further Disbursements from City until such deficiency no longer exists. At City's option, no Disbursements shall be made until Recipient has fully complied with this requirement. 1.3 City Inspector To the extent that Construction is involved: Recipient shall make its city engineers and city inspectors available to make inspections in connection with the Grant and the construction of the Projects, to review and advise City with respect to all matters related to the design, construction, operation and use of the Projects, to monitor the progress of construction, and to review Disbursement Requests and permitted change orders submitted hereunder. The reasonable fees and expenses of such engineers and inspectors shall be paid by Recipient as part of the scope of their employment. Recipient shall provide to City and the engineers and inspectors, facilities commonly made available by contractors for the inspection of the Projects and afford full and free access by City and said engineers and inspectors to all documents requested. Recipient acknowledges that (a) said engineers and inspectors have been made available by Recipient to act as a consultant, and only as a consultant, to City in connection with the construction of the Projects, (b) Said engineers and inspectors in no event have any power or authority to make any decision or to give any approval or consent or to do any other thing which is binding upon City and any such purported decision, approval, consent or act on behalf of City shall be void and of no force or effect, (c) City reserves the right to make any and all decisions required to be made by City under this contract, in its sole and absolute discretion, without, in any instance, being bound or limited in any manner whatsoever by any opinion expressed or not expressed by said engineers and inspectors to City or any other person with respect thereto. 1.4. Disbursement Procedures. All Disbursements shall be made from time to time upon written application of Recipient pursuant to a Disbursement Request. Recipient shall submit Disbursement Requests to City no more frequently than monthly, covering work performed since the prior Disbursement Request. Each Disbursement Request shall constitute a representation and warranty by Recipient to City that (a) the work performed and the materials supplied as of the date thereof are in accordance with the Construction Documents, this contract and the Budget, (b) the work and materials for which payment is requested have been physically incorporated into the Improvements, (c) the value is as stated, (d) the work and materials conform with all applicable rules and regulations of the public authorities having jurisdiction, (e) payment for the items described in such Disbursement Request has been made by Recipient (or, at the option of City, will be made by City directly to the provider of the service), (f) such Disbursement Request is consistent with the Budget, this contract, and the Consolidated Plan, and (g) no Event of Default or event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default has occurred and is continuing. For purposes of this contract, the term "Construction Documents" shall mean the Architect's Contract, each Contractor's Contract, all construction, architectural and other design professional contracts and subcontracts, all change orders, all Governmental Approvals, the plans and specifications, and all other drawings, budgets, bonds and agreements relating to the construction of the Projects. 1.5 Requests for Disbursement For each request for a Disbursement, Recipient shall submit to City a completed written disbursement request (each, a "Disbursement Request ") on a copy of the Disbursement Request Form provided in Exhibit "B " , together with a check in the amount of the inspection fee set forth in Section 1.6 hereof, if required by City. In each Disbursement Request, Recipient shall certify and describe in detail reasonably acceptable to City (a) the cost of the labor that has been performed and the materials that have been incorporated into the Improvements, (b) the amount actually paid by Recipient for such labor 24 AGENDA ITEM # 8E JANUARY 10, 2011 and materials and (c) the amount that Recipient is seeking pursuant to the Disbursement Request. Recipient shall attach to each Disbursement Request such invoices, receipts and other documents required by City evidencing that the costs and expenses were actually incurred and paid for by Recipient and were expended on and pertain to the Improvements. 1.6 Inspection To the extent that construction is involved: Upon receiving each Disbursement Request, Recipient's engineers and inspectors together with a City representative shall determine (a) whether the work completed as of the date of such Disbursement Request has been done satisfactorily and in accordance with the Construction Documents, this contract and the Budget, (b) the percentage of construction of the Improvements and the Projects completed as of the date of such Disbursement Request, (c) the Direct Costs actually incurred for work in place as part of the Improvements as of the date of such Disbursement Request, (d) the actual sum necessary to complete construction of the Improvements and the Projects in accordance with the Construction Documents, this contract and the Budget, and (e) the amount of time from the date of such Disbursement Request that will be required to complete construction of the Improvements and the Projects in accordance with the Construction Documents, this contract and the Budget. All inspections by or on behalf of City shall be solely for the purpose of ascertaining proper use and expenditure for federally provide grant funding, made available to Recipient, and Recipient shall have no right to claim any loss or damage against City or City representative arising from any alleged negligence in or failure to perform such inspections, failure to monitor Disbursements or the progress or quality of construction, or failure to otherwise properly administer the Grant. 1.7 Conditions to Disbursements. 1.7.1 General Conditions City shall have no obligation to make any Disbursement (a) unless City is satisfied, in its sole and absolute discretion, that each and every condition precedent to the making of such Disbursement has been satisfied or (b) if an Event of Default or an event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default, has occurred or is continuing. 1.72 Conditions to Initial Disbursement To the extent that construction is involved: The obligation of City to make the initial Disbursement is conditioned upon the occurrence of each of the following: (a) Recipient shall have provided to City, in form and substance satisfactory to City, evidence showing that the income eligible client holds title to the real property upon which Recipient will construct the Project and Improvements, and the Recipient has caused the execution, recording and delivery of the security documents ( prior to recording any Notice of Commencement (b) Recipient shall have provided to City, in form and substance satisfactory to City, evidence that Recipient has applied for and has obtained, or is pursuing and will obtain, all governmental approvals and consents required for the construction of the Projects; (c) Recipient shall have provided to City proof of insurance coverage as required in this contract; (d) Recipient shall have submitted to City a Disbursement Request, along with all other information and documentation required pursuant to Section 1.5 hereof; 25 AGENDA ITEM # 8E JANUARY 10, 2011 (e) Recipient shall have provided to City, in form and substance satisfactory to City, each document, certificate and instrument required from Recipient under this contract; (f) City shall have received a satisfactory inspection report from City Inspector pursuant to Section 1.6 hereof; (g) Recipient shall have provided to City, in form and substance satisfactory to City, an updated Budget showing the amount of money actually spent by Recipient on particular items and the remaining costs of the Improvements and the Projects; and (h) Recipient shall have provided to City, in form and substance satisfactory to City, any such other document, instrument, information, agreement or certificate City may require. 1.7.3 Subsequent Disbursements The obligation of City to make subsequent Disbursements is conditioned upon the occurrence of each of the following: (a) Recipient shall have submitted to City a Disbursement Request, along with all other information and documentation required pursuant to Section 1.5 hereof; (b) Recipient shall have provided to City, in form and substance satisfactory to City, each document, certificate and instrument required from Recipient under this contract; (c) City shall have received a satisfactory inspection report from City Inspector pursuant to Section 1.6 hereof; (d) Recipient shall have provided to City, in form and substance satisfactory to City, an updated Budget showing the amount of money actually spent by Recipient on particular items and the remaining costs of the Improvements and the Projects and (e) Recipient shall have provided to City, in form and substance satisfactory to City, any such other document, instrument, information, agreement or certificate City may require. 1.7.4 Conditions to Final Disbursement The obligation of City to make the Final Disbursement is conditioned upon the occurrence of each of the following: (a) Recipient shall have completed each of the items set forth in subsection 1.7.3 hereof; (b) Recipient shall have provided to City, in form and substance satisfactory to City, a final "as- built" survey in compliance with the requirements hereof; (c) Recipient shall have provided to City, in form and substance satisfactory to City, evidence that Recipient has procured an "all- risk" hazard insurance policy; and (d) Recipient shall have completed each of the Projects Completion Conditions set forth hereof. 26 AGENDA ITEM # 8E JANUARY 10, 2011 1.8 No Warranty by City Nothing contained in this contract or any other document attached hereto or contemplated hereby shall constitute or create any duty on or warranty by City regarding (a) the accuracy or reasonableness of the Budget, (b) the feasibility or quality of the Construction Documents, (c) the proper application by Recipient of the Proceeds, (d) the quality or condition of the Projects, including the Improvements, or (e) the competence or qualifications of any third party furnishing services, labor or materials in connection with the construction of the Projects, including the Improvements. Recipient acknowledges that Recipient has not relied and will not rely upon any experience, awareness or expertise of City, or the City's Inspector, regarding the aforesaid matters. 27 AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT C Page 1C MONTHLY STATUS REPORT To: Housing & Neighborhoods Department Contract No. 214 North Hogan Street, 8th Floor Report No. Jacksonville, Florida 32202 Project No. 004415 Recipient: City of Atlantic Beach Project: Donner Park Improvements Report Period: to Person Filling Out Report: _ Date Submitted: PROGRESS REPORT: Describe progress to date on: A. Maintaining documentation that ensures eligibility and low mod area (LMA) compliance with the National Objective of the Community Development Block Grant (CDBG) Program. B. Install lighting for basketball court (to energy efficient standards). Provide monthly update and expenditures. Current Month Year -to -Date C. Install security lighting for community center. Provide monthly update and expenditures. Current Month Year -to -Date D. Install security camera in Donner Park. Provide monthly update and expenditures. Current Month E F G Year -to -Date Sod baseball field in Donner Park. Provide monthly update and expenditures. Current Month Year -to -Date Grade and sod southern end of soccer field. Provide monthly update and expenditures. Current Month Year -to -Date Add paved parking area in Donner Park. Provide monthly update and expenditures. Current Month Year -to -Date 28 AGENDA ITEM # 8E JANUARY 10, 2011 G. Prepare bid specifications to Davis Bacon Act Labor Standards requirements and submit to the Community Development Division for review and approval prior Section 3 to the beginning of construction. Provide monthly update. Current Month Year -to -Date H. Provide a self evaluation tool with quantitative and qualitative measurements. Provide monthly update. Include copies of meeting notes, brochures, programs, promotional materials or other information pertinent to the contract. HOW FUNDS WERE SPENT: A copy of all canceled checks and bank statements during that report period must be attached to the monthly report to verify the payment of previously submitted invoices and billings. Account for all checks, including any voided checks. SUPPLEMENTARY SUPPORT: Please describe matching and in -kind contributions received during this report period: ADDITIONAL COMMENTS: I certify that to the best of my knowledge the data reported is correct. Signed: Date: Title: We AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT 1 CDBG DIRECT BENEFIT REPORT RECIPIENT: DATE SUBMITTED: PROJECT NAME: REPORT PERIOD: Please complete this form on a monthly basis for the unduplicated number of persons /households assisted by this CDBG funded project. Use this information below to determine the income level of the persons being reported. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM LOW AND MODERATE INCOME (REVISED SECTION 8 INCOME LIMITS) EFFECTIVE MAY 2010 hAFr11AN FARAll v imrnhAF _ (MFn ctRF Rnn FAMILY SIZE EXTREMELY LOW (30% OF MEDIAN) VERY LOW (50% OF MEDIAN) MODERATE (80% OF MEDIAN) 1 $13,850 $23,050 $36,900 2 $15,800 $26,350 $42,150 3 $17,800 $29,650 $47,400 4 $19,750 $32,900 $52,650 5 $21,350 $35,550 $56,900 6 $22,950 $38,200 $61,100 7 $24,500 $40,800 $65,300 8 $26,100 $43,450 $69,500 Counts by Household or Persons? (H /P) American Asian American Indian /Alaskan Native Native Hawaiian /Other Pacific Islander American Indian /Alaskan Native & White Asian & White Black/African American & White American Indian /Alaskan Native & Black /African American Other Multi - Racial Female Head of Household (LMH Only) Total Racial /Ethic Group Updated 5/2010 30 AGENDA ITEM # 9A JANUARY 10, 2011 December 22, 2010 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanson ]ty anager SUBJECT: City Manag 's Report Resurfacing Plaza Drive; With the exception of lining one remaining section of pipe, the resurfacing of Plaza Drive and several other streets in the Royal Palms neighborhood will be the final step to completion of this multi -year project. The City's asphalt contracting company is tentatively scheduled to do this work during the week of January 17 th , providing they are not delayed by the weather. Traffic on Plaza Drive as well as several other streets in the Royal Palms neighborhood may be delayed or rerouted during the resurfacing. 26.2 With Donna Marathon; The 4 th Annual "26.2 With Donna" Marathon is scheduled for Sunday, February 13, 2011. The race course is identical to last year's layout. The event will begin at 7:30am on Sunday morning at the Mayo Clinic heading east over the Intracoastal Bridge on J. Turner Butler Boulevard and then travel north through Jacksonville Beach. The Half- Marathon runners will turn around before they get to Neptune Beach. People running the full marathon will continue through Neptune Beach and Atlantic Beach and then travel back south to finish at the Mayo Clinic. As before, the race will benefit the Fight Against Breast Cancer. Organizers are expected to make their own arrangements for off duty police officers as well as quite a number of volunteers. They will also be asked to conduct public outreach and education efforts before the race so that residents will know ahead of time about the road blockages and be able to make arrangements accordingly. A copy of the events summary and course map is attached for your information. Alcohol Deployment City police officers conducted another alcohol deployment on Thursday night, December 16 Nineteen attempts were made to purchase alcohol at city businesses, but the undercover informant was unable to purchase alcohol at any of them. This makes the second time in a row where minors were unable to purchase alcohol in any business in Atlantic Beach. A l m mks u�uoz�r~^�uu ,-------_--- ' _ t " 40111 tit 1. g o jj U VIP n� AGENDA ITEM # 9A JANUARY 10, 2011 Mayo Clinic will provide all Start and Finish line medical support. They will also stay in constant communication with the unified command and manage support. Security of Route and Crowd Control: The race will be lead by a race lead vehicle along with, motorcycle officers to keep route clear. Each intersection will be coned off and will have T -shirt security or a volunteer presence. Major intersections will have officers to assist with the hold and release traffic patterns. This will assist anyone needing to arrive or leave their residence. We will rent cones and other traffic barricades to assist. Trash Collection: Volunteers at each water and fuel station will be responsible for cleaning their areas. We will also supply a crew for the route to assist with the trash collection. Post event we will also send a street sweeper to clear any items missed if necessary. Street Closure • Jacksonville -Close San Pablo from Davis Parkway to JTB -Close Eastbound JTB at Hodges [Except for local traffic headed South on San Pablo. All PVB /Jacksonville Beach traffic will be directed to N on Hodges and E on Beach] -On JTB West close the San Pablo exit. Jacksonville Beach Continue East on J Turner Butler to end of roadway Make a 270 right turn onto State Road A1A North on Al (3` Street S) to 37 Ave S East on 37 Ave S to Ocean Drive North on Ocean to 25 Ave S West on 25 Ave S to 1 St St. S North on 1 St St S to 16 Ave S East on 16 Ave S to beach North on beach to 20 Ave N West - leave beach- on 20 Ave N Neptune Beach (20 Ave N is Seagate Avenue) North on Strand St to North St West on North to 1 st St North on 1 st St to Cherry St West on Cherry to 2 nd St North on 2 nd St to Orange St East on Orange to 1 st St North on 1 St St. (Ocean Blvd) Atlantic Beach Continue North on Ocean Blvd. to 1St East on 1 St to Beach Ave. North on Beach to 7 th St Left on 7 th St to Ocean Drive North on Ocean to 10 St East on 10 St to Beach Ave North on Beach to 16 St West on 16 St to Beach Ave (very short segment) North on Beach to 20 St. West on 20 St to Seminole Road North on Seminole to Ocean Forest Dr N West on Ocean Forest Dr N to Ocean Walk Dr. South then East on Ocean Walk Dr to Seminole Road AGENDA ITEM # 9A JANUARY 10, 2011 South on Seminole Rd sidewalk to Garden Lane (N end) West on Garden to 20th St West on 20 ST to Selva Marina Drive South Selva to Seminole (make a u -turn on Selva) North on Selva to Saturiba East on Saturiba to cross over Seminole to 18 Easton 18 to Ocean Grove Drive South on Ocean Grove to 17 St West on 17 to Seminole South on Seminole to Coral St East on Coral to Coquina Place South on Coquina to Dewees Ave Southwest on Dewees to Ocean Blvd South on Ocean to 10 West on 10 to East Coast Drive South on East Coast to 7 th St East on 7 th St to Ocean South on Ocean • Neptune Beach South on 1 St to Hopkins St East on Hopkins to Strand South on Strand to Seagate (20 West on Seagate to 2 "d St N Jacksonville Beach South on 2" St N to 16 Ave N Easton 16 Ave N to 1 St St N South on 1 St St N (then 1 st St S) to 37 Ave S West on 37 Ave S to 3` St S (SR A1A) South on 3` St S to JT Butler circle ramp Take a 270 left turn to head east on JT Butler Continue west on JT Butler across Intracoastal Waterway • Jacksonville Continue West on south side of eastbound lanes of JT Butler to San Pablo North on San Pablo to finish in front of Mayo Campus "Note: Half marathon runners will run on the beach until approx. the Best Western hotel and turn around to head south Exit the beach at Beach Blvd. and follow 1 St Street S. to 37 Ave S West on 37 Ave S to 3rd St S (SR Al A) South on 3` St S to JT Butler circle ramp Take a 270 left turn to head east on JT Butler Continue west on JT Butler across Intracoastal Waterway Continue West on south side of eastbound lanes of JT Butler to San Pablo North on San Pablo to finish in front of Mayo Campus Neighborhood Support & Community Outreach Over the next several months we plan to visit all residents and business along the race route. At this time we will review the hold and release patterns, the hours in which they will be effected and answer any questions they may have. 26.2 with Donna, National Breast Cancer Marathon Start/Finish —At telephone pole #4574 on San Pablo Road. 38 yards south of fire hydrant located at the sw corner of the intersection of Mayo Clinic Road and San Pablo Road. 1 mile- 14 yards east of tp 72p038 on Butler Blvd. 2 mile — 27 yards west of tp If5002 on Butler Blvd 3 mile — 50 feet west of split signs for AlA and N and S. 4 mile — 30 yards west of intersection of 37th Ave South and Ponte Vedra Blvd. 5 mile —At the north edge of 21 st Ave South on Ocean. Mark for turn onto beach off 16th Ave. South. Measure out 22yards from wood railing. Runners must go around this point as they move onto the beach. Cones or barricades should be used to insure they run the full distance. 6 mile — On the beach at the south edge of the three -story house (first house south of 4th Ave. South. 7 mile — 20 feet north of 10th Ave North sign. Mark to turn runners off the beach — mark at the south edge of Seagate Ave. 22 yards from east edge of Walkway from house directly south of Seagate Ave. 8 mile — 2 ft north of 2 story building at 1512 Oceanfront near Davis street. 9 mile — 2 feet south of brick sidewalk at the intersection of Atlantic Blvd and Ocean Ave in Atlantic Beach. 10 mile — 1 ft north of driveway at 1242 Beach Ave. 11 mile — directly across from gate entrance at 2077 Beach Ave. 12 mile — 2 ft north of drive way at 2338 Oceanwalk Drive W just past Inland Way 13 mile — 14 yards East of Selva Maderia Ct sign on 20th Street. Half -way mark — at West end of Driveway of 439 20th Street. 14 mile — at South End of brick house at 1700 Selva Marina Drive Turn around point — 1530 Selva Marina Drive at south edge of Driveway. Runner must cross grass median to reverse direction. 34 yards north of the grass in front of Selva Marina sign. 15 mile — on Selva Marina Drive at tp number 1727 on Sothside of Live Oak Lane. 16 mile — On Conquina Place at the driveway into 1610, just south of Shell 17 mile — South edge of Driveway at 422 Ocean Blvd. 18 mile -- At white gate, 70 feet south of Bay Street on 1 st Street North. 19 mile — Half way between 2nd and 1st Street on 16th Ave. North. 20 mile — on 1 st Street in front of Freebird Cafe 50 feet north of 1 st Ave. 21 mile - at medal telephone pole at south edge of yellow house at 1302 1 st Street South 22 mile - on 3rd Street, 150 feet north of 37th Ave S. between two buildings across the street. 23 mile — even with the Academy sign on the back of the building at South Beach Shopping Center. Butler Bvd. 24 mile — at telephone pole next to MPH Sign , FOP entrance on Butler Blvd. 25 mile — On Butler Blvd on the bridge, 9 yards west of Telephoe pole LF 5002 26 mile — On San Pabelo Road , 20 yards north of TP 72PO38 AGENDA ITEM # 9A Ocean Forest Dr N JANUARY 10, 2011 North Street Mayo Clinic o Q 15 o U Q Fire Hydrant 4D _° m 17th St. °� U m 38 yards I TP #4574 1& Start�Finish i T 1 4 (D ° p1 E Coral 16th Street v in 1 Dewees ai a� Turn Around o 10th Street 10 Point 10th Street U Ocean w 7th St. 7th St. 00 CD 3 17 1 st St CD o 0 g N in U) Orange Orange N orth m N N C 7 d CL ur � .� Walnut Cherry 18 _ North Street Mayo Clinic 0 0 o a m Fire Hydrant 4D a C N 38 yards I TP #4574 1& Start�Finish i T Start and Finish Area J Turner Butler Blvd J Turner Butler Blvd M Hopkins y Strand —� Drip 8 Strand 20 Ave Nortf 06th Ave m 22nd Ave S 25th Ave S 22 O m 35th Ave S 36th Ave S. 23 c+> Flyover