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07-01-96NOONEY CONS7gtUCTION, INC. 44.5-26 S.R 13 SUITE 3l4 JACKSONVII l G FL 322.59 (904) 387300 FAX (904) 387-3444 SW~ llre~ae BC OY9019 July 9, 1996 City of Atlantic Beach, Florida - t300 Seminole Road Atlantic Beach, Florida 32233-5455 Attn: Mr. Timmy Johnson Job Name: Renovations & Improvements To Howell Park Purchase Order Number. 011641 RE: Change Order Request Number One Dear Mr. Johnson, As per your request ,and upon the City Building Inspectors determination, we hereby propose to famish all labor, materials, and supervision remove and replace the two existing bridge support beams with eight inch round pressure Veated Daft piles for'he sum cost of $ 1,100. We patiently await your reply. Sincerely, ---~ ~~~~~~' i Frederick T. Nooney III cc: Joan LaVake ~' CITY OE ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA: Howell Park improvements change order # 1. SUBMITTED BY: Timmy Johnson, P & R Director DATE: July 15,1996 BACKGROUND: Nooney Construction Company was chosen to do the improvements in Howell Park. After removing the handrails and decking from the bridges and having the Building Inspector inspect the support beams, it was reported that two of the twenty~ne support beams need ' replacing. At a cost of $1,100. RECOMMENDATION: Staff recommends the commission approve change order # 1, which will include the purchase and installation of two support beams not to exceed $1,100. ATTACHMENTS: t!t's REVIEWED BY CITY MANAGER: AGENDA ITEM NO. ~H Q W C m ~ V ~ az~ QQ~ N~ Sao ~~~ 0 } N H ~ V ~ a. Q I_ I Ij I m. -j i~ a i ~LL I I ~ I I C t0 '~ j 1j U !N t I I 'Z; i '_ 1 IVY I coy° rn'-I m n ~j _i ~' ~ 1 ' =+ h ° 'O.o o p1o ° o'o ° ° o o °lo o °lo~o~ W I~;oo~o.°.oo~~oo°.o-o!Ololo~ ~---+ j .~'~i~~~'~ ~ N N'~-°[F'OD~'N'd SIN i<D! j ~ i^I I i ~ I ~ I N1 I j ~ ~ i~ ~_ ~ i ! ~ I ~ ~ ~ j ~ I ~ ~ ~ l i- i ~ _` ~ I I^ ( i ~ I ° I I I I I j ~ I j i a~ I E y ~ ~ ~ E c c rn I i ~ I I~ I `°° `_°' I I I I ~ Z j y Q .., d .. ~ ~ i ~ ~ E. I i j ~ ~e I w Q ' c U ~ I ° m. ~. ~ y I Q °irnrnw' m o o Wrl m I j! ~ I I ' IO ~- Y w ~ ~ a~i a~i ~ o .°~' a~ o O aTi o ~ o E c; o, j gyp' E .c g;a,~; ~' y'~~ ~ > ~ ~ ,', ; ~, °';~~! ~ ~ I I I i rn '.- ¢ m ~, > ? ~ ¢ SIN; EI ~~ I ! ~, o W ~ m, ~'.- ~ ~ ~ ~ .- o .- M;~ col: ' c > C a 1 r u CITY OF ATLANTIC BEACH TRF,SCA PARK EXHIBIT C SCOPE OF SERVICES The following is a list of hourly rates for potential additional services (if needed): Principal/Project Manager $110 Senior Engineer $ gs Senior Landscape Architect/Senior Biologist $ 75 Project Engineer $ 60 Project Landscape Architect/Project Biologist $ 55 Landscape Architect/Planner $ 40 Biologist $ 36 Technician $ 35 Word Processor $ 30 Survey Crew $ 50 or $400/day lifd'S IMM'7}tPSCA.SCOPE "fTtF 10 CITY OF ATLANTIC BEACH TRESCA PARK EXHHi1T B SCOPE OF SERVICES 5.0 TIMELINE SCHEDULE 5.1 The CONSULTANT shat perfonn the scope of services in the timeline outlined is Exhibit D. This schedule is based on the CONSULTANT's knowledge of the local development process. Issues not within the cotttrol of the CONSULTANT could effect this schedule. 6.0 SCHEDULE OF COMPENSATION 6.1 The CONSULTANT shall perform the professional services outlined in the Scope of Services for the lump sum foes (including reimbursables) indicated below. These fees are as follows: Ta$k Esc PHASE ONE 2.1 ENVIRONMENTAL SERVICES S 6,000 2.2 SITE ENGINEERING SERVICES S 5,200 2.3 MASTER PLANNING S 8.800 TOTAL PHASE ONE 520,000 CITY OF ATLANTIC BEACH TRESCA PARK SCOPE OF SERVICES Phase two implementation is subject to future grant funding availability. CITY OF ATLANTIC BEACH TRESCA PARK EXHIBIT A 2.6.3 Other Construction/Regulatory Permits SCOPE OF SERVICES It is assumed that the following permits will be required to support the development of the site improvements: Anticipated permits required are: • City of Atlantic Beach Engineering/Development Review • St. John's Water Management District (ERP) (Stormwater) • FDEP Water Construction Permit • FDEP Sanitary Construction Permit • Local utility commitmenu and engineering reviews 3.0 CITY'S RESPONSIBILITIES 3.1 The CITY will provide the following information or services related to the site and proposed improvements: 1. Boundary Survey, with legal description, and aerial photographs 2. City's Standard Division One Specifications 3. Permit Fees 4. Offsite improvements, if necessary, for project development 4.0 ITEMS NOT INCLUDED 4.1 Bidding and construction observation aze not included within the CONSULTANT'S proposal at this time. Final processing of environmental permit applications past the first completeness response. If requested, the CONSULTANT will prepare a scope and fees for these items. Electrical Design Services (since there is no electrical construction within the park elements, there is not electrical design services included) Geotechnical Services (if required, the CONSULTANT will provide the CITY with a letter detailing the required Geotechnical Services) i rxs i~~H.~eixn,uore ixr CITY OF ATLANTIC BEACH TIZESCA PARK EXHIBIT A SCOPE OF SERVICES 2.5.3 Design/Construction Document Phase Deliverables The CONSULTANT shall submit two (2) copies of ail letter size deliverables and three (3) copies of all drawings. The deliverables shall consist of the following: 1. Copies of all meeting minutes. 2. Design calculations and sketches. 3. List of Construction Alternates (if any). 4. Final set of Technical Specifications, CSI format. Specifications will be coordinated and interfaced with the City Standards and General Conditions. 5. Three (3) sets of construction contract document blueprints. 6. A set of reproducible mylars. 7. A CAD disk of documents 2.5.4 The CONSULTANT shall meet with the CITY to review the construction documents at 75% Preliminary Conswction Plans and 100% Issued for Bidding issued for bidding. 2.6 2.6.1 The CONSULTANT shall meet with CITY staff and Regulatory Review Agencies to review the park plans and make the necessary submittals, revisions, and modifications for permit approvals. 2.6.2 Environmental Permits After the preferred design option is selected by the CITY and preliminary construction drawings are prepazed, the CONSULTANT shall prepare pemvt applications for the required state, federal and local agencies. This scope of work and budget covers preparation and filing of these applications. Completeness reviews and the collection of additional data are not included. Anticipated permits rcyuired are: Florida Environmental Resources Permit (ERP) Jacksonville/Duval County Regulatory and Environmental Services Departtnent Permit (RESD) Section 404, CWA Permit (USCOE) I:G('c IMN' lRfS('A tiCOPE.:Rf CITY ON ATLANTIC BEACH TRESCA PARK EXHIBIT A PHASE TWO 2.4 LANU SURVE YING 2.4.1 Topographic Survey SCOPE OF SERVICES Includes a topographic survey with one foot contours to extend 50 feet around the perimeter to include adjacent roads, location of on-site utilities, water, sewer, electrical poles, edge of pavements and ditch cross section, 1,500 lineal feet of wetlands jurisdictional line location and location of all improvements on the site. All on AutoCADD disk. 2.5 2.5.1 Design Documents Based on the Master Planning/Environmental Services Phase, the CONSULTANT shall prepare construction documents consisting of drawings and other documents to fix and describe the size and character of the park project. Specifically the CONSULTANT shall prepare construction doctuments and specifications for the following park elements: • Boardwalks • Nature trails • A canoe launching dock and ramp • Prefabricated restroom building • Picnic areas • An observation deck • Footbridge • Parking area/access drive • Utilities (water, sewer) • Stonnwater management area "I"he above documents shall be set forth in detail sufficient for bidding and construction. General conditions to contract shall be provided by the CITY. 2.5.2 Construction Cost Estimate The CONSULTANT shall provide a detailed updated estimate of probable construction cost and construction time schedule based on the CONSULTANT'S understanding of the project and local development. i,ca-sistw-ixr,.x~nuurr. ixr. 6 CITY OF ATLANTIC BEACH TRESCA PARK EXHIBIT A SCOPE OF SERVICES to the C17~Y. 7~he CONSULTANT will prepaze a preliminary cost estimate to accompany each of the three (3) altemative Master Plans. The purpose of these estimates will be to assess budgetary requirements as it relates to altemative selection. The CITY will review the alternatives and comment back to the CONSULTANT. The CONSULTANT will then revise the preferred altettiate Master Plan and make a presentation of the prefened/selected Master Plan to the CITY Commission. The final Master Plan will be based on comments received from the CITY. The Master Plan may be any one or a combination of the altemative site plans presented by the CONSULTANT and will serve as the basis for the final design efforts for the park site. 2.3.2 Master Planning/Environmental Services Deliverables The CONSULTANT shall submit two (2) copies of all letter size deliverables and three (3) copies of all drawings. The deliverables shall consist of the following: 1. Topographic Survey 2. Environmental Assessment/Site Analysis -Site Survey Plan 3. Opportunities and Constraints Graphic 4. Site Engineering Assessment 5. Altemative Conceptual Master Plans 6. Final Master Plan 7. Preliminary Construction Cost Estimates (for the 3 Alternates and Final Master Plan) 8. Meeting Minutes 9. Presentations (3 total): one to City Recreation Advisory Board; one to City Beautification Committee, one to City Commissioners EGCS~IMN':'lRFSCASC(/PI: T1cF CI"I'1' OF ATLANTIC BEACH "1'RESCA PARK EXHIBIT A SCOPE OF SERVICES "fhe CONSULTANT will conduct Master Planning alternatives to determine the characteristics and restraints of the site as they relate to the pazk elements. The CONSULTANT shall develop a Master Plan based upon the following items:: • Site analysis/environmental assessment • CITY's construction budget for pazk development • Meetings with the CITY and regulatory agencies • Site engineering assessment • Land surveying information • The C1TY's Questionnaire comments Prior to developing the Master Plan Altematives, the CONSULTANT shall prepare an Opportunities and Constraints Plan outlining the information gathered in the Environmental Assessment and the Engineering Assessment. The CONSULTANT shall prepaze three (3) alternative Master Plan concepts which will identify the park utilization elements and propose the location of the proposed park facilities including: • Boardwalks • Nature trails • Canoe launching dock and ramp • Prefabricated restroom building • Picnic areas • Observation deck • Foot bridge • Parking areas • L)tilitics • Stormwater management area • Landscape/xeriscape • Other potential passive park developments l he CONSULTANT will evaluate the three (3) altematives detailing the pro's and con's of each altemative including an assessment of the permitting impacts associated with each altemative. "fhe CONSULTANT will also provide recommendations to assist the CITY in their selection process. The CONSULTANT shall meet with the CITY (the City Recreation/Advisory Board and the City Beautification Committee) and present the three (3) alternatives (with cost estimates) t:ca~c late--ixeu:nx-urr rxr 4 CITY OF ATLANTIC BEACH TRESCA PARK EXHIBIT A SCOPE OF SERVICES 2.1.1.4 Regulatory Meetings Dames & Moore's biologists will hold preapplication meetings with the most appropriate permitting agencies (SJRWMD or the Jacksonville office of the FDEP and the U.S. Army Corps of Engineers) to discuss the preferred pazk design option and to obtain agency comments prior to filing permit applications. 2.1.1.5 Archaeological Review The CONSULTANT shall review existing state records for archaeological findings. 2.2 SITE ENGINEERING SERVICES 2.2.1 Site Engineering Assessment The CONSULTANT will perform a preliminary engineering analysis of Tresca Park . The study will be based on site visits, meetings with the appropriate agency staff and in-house analysis and will specifically address: • availability of water and wastewater services; • extent of on site roadway improvements and access; • coordination with FDOT and Jacksonville Transit Authority regazding the potential closing of Begonia Street at Atlantic Boulevard; • preliminary determination of on-site stormwater collection treatmenUreglurements; • floodplain classifications and restrictions; • existing soil and topographic information; • existing zoning and land use designation; • development process/permit requirements; and • input to site master plan. 2.3 MASTER PLANNING 2.3.1 Master Planning Alternatives Prior to the beginning of the Master Planning, the CONSULTANT will assist the CITY in writing a questionnaire for the local newspaper. This questionnaire will involve public participation in the proposed pazk development. If ,C< IMN'."Ift6ti('A~tiCOPE mte CI"1'Y OF' ATLANTIC BF,ACH "fKF:SCA PARK F:XNIli1T A SCOPE OF SERVICES Phase Two: 4. Land Surveying 5. Design/Construction Documents 6. Permitting 2.1 ENVIRONMENTAL SERVICES 2.1.1 Environmental Assessment 2.1.1.1 Field Study Preparation The CONSULTANT'S biologists will prepare for the field inspection by reviewing available information pertaining to the site such as maps, soil surveys, topographic maps and aerial photography. The CONSULTANT will review data records on wildlife at the Florida Natural Inventory. At the conclusion of this research, the CONSULTANT will prepare a site survey plan. 2.1.1.2 Field Reconnaissance The CONSULTANT biologists will conduct an intensive reconnaissance of the Tresca Pazk property to identify vegetation types, wildlife habitats, conduct preliminary wetland assessments and jurisdictional delineation and other unique or regulated features. Two biologists •.vill be assigned to this task. 2.1.1.3 Report Preparation At the completion of Task 2.2.1?, the CONSULTANT'S biologists will prepare a report and map that describes the site's natural features and characteristics, as well as demonstrate wetland limits on an aerial photo or map. the CONSULTANT'S biologists will consult with other team planners [o review draft design options for permitting issues prior to submittal to the CI"I~Y. The report will also describe potential permitting issues or concerns for the Master Planning effort. F.(il'S!IMW:'rW~ti(NS('OPF rAh 2 CITY OF ATLANTIC BEACH TRESCA PARK EXHIBIT A SCOPE OF SERVICE The following professional services shall be performed by Dames 12 Moore (hereinafter called the CONSULTANT) for the City of Atlantic Beach (hereinafter called the CITY). 1.0 GENERAL 1. t The CITY plans on constnrcting a 7-acre passive (hereinafter called Tresca Park) along the Lttracoastal Waterway and Begonia Avenue. The speciSc professional services requ'ved of the CONSULTANT are enviromnenW analysis, master planning and site engineering services for the portion of the Park within the Florida Inland Navigational District. 1.1.1 Park Improvements The CITY is in need of art overall Recreational Study/Master Plan for Tresca Park. >n order to fully utilize the site's natural character, the amenities envisioned could include: 1. Boardwalks 2. Nature trails 3. Canoe launching dock and ramp 4. Prefabricated restroom building 5. Picnic areas 6. Observation deck 7. Footbridge 8. Parking area 9. Utilities (water/sewer) 10. Storm water ntartagemertt area 2.0 BASIC SERVICES 2.0.1 These services address the following basic categories: Phase One: 1. Environmental Services 2. Site Engineering Services 3. Master Planning 11.5.3 I Lt' wo. .Ina aullnpla~+x~l lonh Ira AdJnlunal ticrvkcs shAll Ix~ ammlly oJtmled m acc urdnxe with nurrtul salary revlcw pl ~. n, r, „1 rtu' Nr hlkvl ARTICLE 12 OTHER CONDITIONS OR SERVICES (/nv.r drv rrpruuu ry ..rAe. unxn, raenr /v Ar4lrrrunW .Srnxn rrNuGna unrbrn /bsu C'.+rrp+aranrm aM mad/rrmrwaTlo I!r /nyrnln/ rind mn/~arwn tmn~ rrriuGre rn rhrr A/;.annnm!/ 2'he Architect shall provide [he Professional Services within the Schedule as listed in Exhibit D_ This Agreement emcrcd inut as of the day and yeu first written above. UV:'M-:H (4AarrrlrrrrJ (/'r m4r/ q,nu,'rn47 lllL'/ t I CAUTION: You should sign an original AtA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AN DOplAIEMT 91A1 •II,YN1N AMr 11111fIAr.Nt IMINIHNIMIklN11111N1N1N•AIAA •!rl`M~ - 1111ASpMNwnlr:~llllill rll AXr lllllr l~_ItII NIYYr NtN AV1)IPl.Nt', VA\IIINr.riNV. Dt hN•N• 8~,t~~~7 I~, Director of Landscape Architecture Associate I r-[.l `.a h, it .. mgrrm..rlnm I, ILIY.I un .I ,Iq rzd.m'~I wln nl Irrn rnl.gp •,I i::m.iru. nun I .hl. plop a„ Irlrmrnln in ..e 0 I~L.I,c ~I x.111 lul.d Iha lullnwulp Ix-n ani.l~r, ul Iha I. n.ll 11.I,n t ungx~n,.mun p+wbk e. .., ...cer,,.....r ;. .. .: .y:pr.,pr r 1. ham•.nX I x',l~n I'h+u' .. '~ ~/ 1 k,lp 1 1 k'1 alr gnnt'nl Phae. / . / Cun,u ul Uun Urxunu'nls Phax. / pl'r('l'nl ( %) - 14xWinHur NcRuhanun VI - ;:unlnlaln u• ~ 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 POH PH<)IECT REHRIi5F.N7~Al'ION BEYOND BAti1C Slili\gCES. x dcx~nlx'd m P+ngnph 41, compensation shall he avan~ puled :0 41ld nv, In accordance with Schedule of Hourly Rates, attached hereto as Exhibit C and made a part hereof. 11.3.2 PuN AUUI'IIUNAL tililivl Cliti OP THE AHCHIl-E(7, :u described in Anlrla•s t and 12, other (hmt (I) A(ldilional Project itepn~,ent.wun. +. described in I'~ngnph i1• and (I) services included in Anlcle I? as pan of Basic Sen•iees, but excludinH x'rolcos ul cunsultamN. cumpensatinn shall I)c computed as follows /ln A•!r •, ••r..; .. nu/w+ vmun. rn, /ndulg rn/n nudbr nurln/Nn /O/rar'I H~rvnnn4 lgrn.v/.v /•nrr. y.:1r. rtnd rm/Ihgvo. nod idwr/i/1' /•r/nti/ra nnArLfSV/P •'/ 0 •%/uu.W /dnrb/I'f/rvI/pvrun'.4.u'Lirb/ro/i.u/pr mN/vw/. ..//ngw'nv1/nm up/tli i/nnnv/n'I In accordance with Schedule of Hourly Rates, attached hereto as Ezhibit C and made a part hereof. 1i.33 FUN AUUITIONAL tiERVICES OF CONSULTANTS, irtdu(fing xhliantal atnxiurAl• (ncchanic~l and ckctrkal rngilxrring x'rvia ~•. ntd thux' provided under Subpar+graph }.4.1y or idcntifieJ in Anick II as pan of Addi(bnal krviccx, a muhipk of one point one ( 1. 1 ) limes the amewn(s billed to the Archilca !or stx'h sa•rvkcs ILLmm~' 4wv r/r. ryJ:r, J • urad/ann u/ Artu/r /?. // mrymtll 11.4 REIMBURSABLE EXPENSES 11.4.1 Il )N HI.LU 11I'H1A I11.f !'SPI`N11'.]. m dori nlx'd m IruaHnph I11 ±, :Ind :mv nl hat Want, ux ludl~l m Ant. la I! x, Hcunbu/,ablo Falx'n„,. .l muilrPll ul OnC point one 11.1 )nnx', Iha a,lx'nu-, nx urrad he tha Mr hural. the An hucrY, rlnplut. r, .l u.l . un,uh+nl, ul dlc nuan',1 ul Ihr- Pn gall 11.5 ADDITIONAL PROVISIONS 11.5.1 II I III Ib\,11 ]I f(\'It f] ana'alcd h.' Ihl, AHn'cn xttl hava nut Ix'a'n umyrlan'rl w'111Ln ( Inlnndn nl lha.LUa hcreul, Ihtuu);h nn lauh ul lha'An-huoll.aslcn,nm nl lha Ar. hllrr Y, x~lcXr, Ix'rnnJ lh+t unto ,hall lx' . unq x'n,.m'd .n InurWad m ~uhp+uKr+p11, to i i and 114 2 11.5.2 P.nnmu, +r, dua .ulrl pae+ble thirty ( 3D ) J.n', hum Ihr' d.na ul the N. hun 1', ull uxa W~ II v.r r Lru ..rn./ r.,/uu ~ u.'nr. un.4r pr' Lr4~.J / rulb ru I r'nr/rng AJ vmdrrr .L/Ir' wW Lur/..mvmx.. r:vln /.ru, .uu/.:14+ gTU4rLwn .n rM1~ r rnrr . unJ 1n /r '••' • /~,:. q..: /.pr..v ,./ lv..un,• //v /.wrr/r.nr rq tlr I'r.gn r unJ rvvvbw . rrn',y/r, r /Ir urbrhn .q u.r. /n, ..rn y, r4. LF.e m4... ./. ar/ b~.Iwrux./ u~•rb './.rL..A;..:..r,.....,:.lq..m..n...rb/,d.....x.nJ:ggr.vpr.m.nr..u.Lrn rnnl.nr./rvr.,...r...n r, .. r ~/ r 9 8741.1987 uIf ~OCI/MENT 91A1 • (IR'NI N ANr 111111 l p.Xl Ifp Nl • IuPXII I Nlll 4111)Ir 1N • AIA~ • X)IrN1` t 111 AMI NII ANIMIII"I X11111 AN1111111 la 1"tt x'141'1 rXN A\'I N1'1 NLL 'A A,IIINt:N Ni, 111 Your WANNING VMrcrnseC VlrolocaVY'^9 vplalM U.5 copyngNl lar'rf yb K f.rpecl b If~M plfseeNgn Ib. 'I .,, Ib, InLnro~nun .. Nl~nL u A Lt Ih. l ll. uri w lx ..enr ,4 nb.ll .n Iy. q;u, LuI I h, Ihr n. I .h.lll Ili. rl Nlr pu dc,+l, nl iI . uvhl lul Ihl 11, hrlr.l on ILr, umnu, bun .p•,n .nW w Ihl pln muo,naJ nl.nrl ul~ Ian Ihl' Ih~q, , I ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 UI«~rl Prru mna'1 Exlxnu~ I1 dohnrd a~ the drtcrl mhrx~s u(Ihc Amhuca'1 lx~ru marl rngagrd un the Pn qca :md nc~ pmiolt ul Iha-rull ul their m:u W.uory and rusrumaly cum tributk)m and hcrtcfilA relmcd Ihcn•to, such a autpk gmtem uxas :utd odx'r suwhur cmpluva'c Ix•ncfits, nuunncc. sick I(J\•e, IIUII(IJYti• \yl aIN 1111, (x'IhNIIIti and 1lmilar conlrihmi(nts and Ix~ncfits 10.2 REIMBURSABLE EXPENSES ~j 10.2.1 Ncmd)ursabk• I:xlxnM'1 arc ~' indurlq~czpartscs incurred by the Archirm and Architect's amplurecs and con- xuhants in the interest of Ux• Pnljra, as idauificd in nc~ hdlow~ ing CUusac 10.2.1.1 Expense of rnnspuuuon m connection wish the Pnhccr; cxpcnus in n)nncaion with aulhnriud oW-M-[own uavcl; Iong~distance a>mmunicaGuns: and fees paid for recur mg approval of aurhoritks having juriuliaion over the Project. 10.2.1.2 Expense of rcpnxl(xTk)rs, (x)sngc and handling of Dnwmps, Speeific~rion< and other d(xumcnrs. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An milul paynlrnl .I. u'1 lunh m ICu.:gl.q lh I I I I. Ihr nununuul pevmem undor thl. Agn'rnlcm 10.3.2 luhu-yun^ p:rcm•nl. lul ^.au k~lax o. lh.dl Ix' uudr nu nuhh .uxl, whrlo apphclhH. +h:Jl Ix ul Iti nlxuwm W u'I uu'+ Ix'IU mnrd Ivuhm o.nlt ph.au' ul u'n lu'. un Ihr h.nu u'I lush m ]ubparagr:q)I) I I, 10.3.3 II and lu Iha' cxtavu th:u Ihr lime uu«alle oubhlhcd m Sul>[raragnph 11.5.1 0( du A~rarnxnl k cxarcfcd (x cxrcltak~d Through no (mdt of the Are hitcrl, alm(xvaanun 4x any srr v ica•1 n'ndrrcd during tha- aaldiuunal (x•ril lal of lion' Ah:dl Ix' computed in nc~ mmmcr sav Hmh in Subpar.Igry)h ! I.i.?. 10.3.4 Whcn compcnuuun is baxd on a pcrcamuga• of (am~ struairm (:ou and any (x>nxnu of nc~ Pn)jaaT arc ak-ktcJ or otherwise not conSlnKled, a>mpenulKm GN dwxc (x )n ions of nc~ Pru~c~t shall he payable rn nc~ extent srn•ictu ara• per Glmuxl nn rh(ISC punkms, in arallnlanu• \clth dtc lchnlulc x~l lonh in Subparagnplt 1 1.1 _', hzxd nn (I j the L nvaul Ix ma lisle bkl ur ncgutiatad pngxtlal, ur (1) if tw such bNl ur prolxlul is received, tltC must rca'em preliminary asllman• o(Gntsrnxikm (atsr or (k'nilttl estimate of (:()naructkm (w nt for such Ix)r- tions o(Ihe Projccn. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.1.1 Payments on xmum of the Archnm's Additional Services and for Reimbursable Expntxs shall he made mornhh• upon presenutwn of the Archirca's snrcmcnt of services nn- dcrcd or expenses incurred. 10.6 PAYMENTS WITHHELD 10.2.1.3 If awhorircd in advance by the Owner, exprnse u( 10.5.1 No deductions shall be made (r(xn nc~ Archilm'c com~ nvrnime work requiring higher than regular rites. larion on account n! penalty, liyuidated danlagas or (Rhcr sums withhckl (rum payments ro comractorN, ur <Nt accxwm of 102.1A EalxTtse tl( refldrrlrt~K• ~°°t' • ^ ..I ...,,,~b ••-. _ - _ IhC e(ISt O(ChaflP,GS In the Watlk rnhcf Than fhOsC fUr w•hx-h Iha' ~^^a~ Architect has been found ro he liahk. 10.2.1.5 Ex(x'msc' u( adduum:d uuunnre an•cragc or ImtiLS, irx'ludmg profcsslnnal Ii:IhiGry' ntsunnce, rrgaxstcd by the Ua•ner in exetts of tlul normally coned hT the Architect and Architect's azuuhanrs 10.2.1.6 Expense of computer-aide) dasign and drifting cyuipmrnr rime when used in amncaxm wdh the Project. ARTICLE 11 BASIS OF COMPENSATION 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Raimbursahle Ezpamses and exlxTtlas per liming to Additional Services and sa•rvictl pcr(ornted rm nc~ basis of a multipk of Dirccr Pcrumncl Exprnsa' shall ha' nail. ahk to the Owner or the Owner's authorivrd rapresarourive m mutually eonvenknt time's. I ha (hYnrl .hall l unit x'n~.na Ihr .1n hut. 1 .I. InIL )M. Ems' 112 BASIC COMPENSATION 11.2.1 Pr tH 14,1]11. 1FH\'II I 1 .n Jr.. Ill x~J In 11 n. Ir 1, .Ind .u lr INhor rn'llrl uu Inakd m AnN Ir IL .n ltul of I(.IVt ?anx r, 15.IV. <. myx'n..Inun eh:dl Ix' ,ungnnrd .r bdlnw. ' ,,...~~...,.~•~„q,. ,..).~,.•..,..,, ,,,~I,•.e•~c .rq•,.r.,l. •r ..••,,. ,,,,,oya.. .. rn~.,vf.q,.. ,.,,,r.,w,ngl/N..v. L•,. I,•/•r.. L,,e,. ...nn.r• ....n.., , .q ....:,r.. .q.rs ,r AIA DOCUMENT Bla1 I Iv-nl N AN'. 1111 I • I ALNI 191 NI I On Nl Lt Nlll FUITIUN • AU• . Fj IYNr 1111 AM1NIt AN INplllall III AW 111111 I\ I'It NIY YI INN AVkNl1F.,Nw, PASNIN(4T(Mi,UC !(N1IN. 8141-1987 8 WARri1NG Nr111CMfC0 plglocOp/I•g Vbltles U. S. COpyrlylN ItAYx YW 6 f1O1K1 b 1[9N ppytCyrgn r a. rpl LI wnurn ..urunr .nnl.anlu(; a \I x'. ib. Irlrnvn lu Ihn A~ Irrmrnl .r(;na-,I by Ihr 1)w~ncr. Aiahllo. t, .u tJ .ul\ ulhrr Ix'rv nt nr come vnrghl dr Ix' pnnrd t:unv'm w .u hut.m~m m Tula m(; .m aJJ mun.d Ix-rwn rn tool)' shall nul umstnurr umv'ni In ]rbu uunn of any rinm. Jlspurr nl rnhn nl.n lrr n: yuc.u.m nor drv nlxd m the wnuen umvnr n1 wuh a Ixrvm ul enwa nul n:u nrd ro Jcx nl x'd thcrcl^ ltlc hnoguulg ]};rrr nrcm m arbmmc .rod ud u'r agrrcntcnls ur nbunlc wllh .m ]JJnrunal pa'rxnt ur cnUly July amx'mcd In I>y me pm x's I. r Ihn Agrccmuu shall Ix: s(xulically rnfurcr]Me m acYUrJ]ncr wish appLc]blc law in any coon having junxJtcuun thcraul 7.4 The ]ward rendered by the arhitau/r ur uhiuvurs shall tx• final, and juJgmcnl may be entered upcm it in x'alraLnn' with applicable lau' in any coup having juriWicuun there d. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 1'h Ls Agrccnlrtn may he lcmtinateJ by either piny ujxm nol kss Than xarn Jays' wnncn notice slwuld Ux uttxr ryany fail substantially to perform in accordance wish Uu tttm~ of this AWealla'nt dlnxtpJl nn faun of the party initialing the ttmrlitr]ti:tn. 8.2 Ihhc Project is slupended by the Owner fur more than 30 cunucwivc d]yx. the Archilm shall be compcnsalM for xr vices perlorrna•J prtur to notice of such susprnsion. When the Project a resumed, the Architect's compensahun dull br cyui~ ably adjusted lu provide for cx(x:nses incurrcJ in the intcrmp~ tan and resumption of the Architett's xrvtccs. 8.3 This Agreemrnt may be terminated by the Owrler upon mlt IQs that xven days' wdtten notice to the Architect in t11c Burnt that the Project is pertnanrntly abandoned. If the Project is abandoned by the Owner (or more than 90 rnnsecutive days, llta' Architect nuv termimte this Agraclnent by giving written fN 11 Ke 8.1 Failura• of the Owner to make paymrnls to thr Architect in acattrdartcc with this Agrcrnxm shall be a)nsirlarcJ solo. nmial nonperformance and cause for Ierrtitution. 8.5 If dle Owna•r fails w make paymcm whin Jac the Araiti~ Ica for x•rviccs and cxllcrtxs, the Architeq may, u(xm x•vcn Jatx' written notice p1 the Owner, sus(trnd performance ofser a•ko umkr this Agreement Ilnless paymcm in full is recativeJ br dlc Archncct wvthm .x•rcn Ja) s u(!hc aLh• u(Ihc nullCr, dR suyX•nsxut sh:Jl take effett aa'ithuut funhcr mnia'. In tlx' evcm ul a unlxmm~n o(x'rviao, Iha• Ara'hitca sh:dl hart' nu liahilitr w 111a' O\a ncr fnr ak'I]r ur J:un]gc c:ulx'd the Uwlx'r Ix'a aux' of such ntyx'nsum nl .xn•u os B.6 In Ihr \ u'N nl Irnninarn rlt nut Ihr I:nul nI Ihr An hnn I Ihr 1rt hm-.I .ILdI Ix-, ~ nnlx'n~.n rd I. n sen'x r. Ix-r l~ nnxJ pro n r.. I. nurn.re rn Inprrhn \a nh Rrunhun.J\Ir' fyxnv'. Ihrn Jac .u al Ji I, :unmm~u 1 yx nu'+.L .Liao-J m I'-u.lgr.q.h H 6.7 I. rnun.nnm I alx nv-~.ur m .u lJue n: lu ~., myx'n..nxm lul li.l.n and \J,bn~m.Il srnx es, .u tJ uuiudr ralxnv'. \a Ala b alt due. Ile .uurhurahlc In Icrnun.n rnu li'nnuu VUU Pyx'nx'\.h.dl hr ruugntlr.l a. a Ix~la rnLrGr nl Ihr Iu1.11 runyx'ns.IVun Irn Il,nr. x.n n...uxl AJJin.uW 4-n I(ra c.nnrd In the bnx'ul Irr n un.rlu nt. .r. Ldl~n.. 1 la. a-nl\ Ix'n rm ul Ihr InLJ enrol x'n~unm lur It.nx .ual AJJnxnul ]a'n'ts rs r.ut x'd bl J.nr II knnnt.nxm u. ul. Ixinrc ur alunnc Iho prcJeslgn. \nr .Inah vs. nr ~. hr roan. Ixa);n I'h.l v'.. or .2 lvu Ix~uom ul thr lol]I iunyx-nvuun lur Ifasn aoJ Addrunnal 1rrvICCS c]rncJ ht Jatc d Irnnuuw,n .n.un During the IXsign IXvcktpn:cnl I'hax: ur .3 I~trr Ix'urm of the anal amtl x'nvuun lur Ifasrr .uxl AJallpun]I 1t'rv KCti r9rlla'tl IU J]IC I( It'rllt ll tglh )p rx. w+ durng any suhxyacm phau' ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, [his Agreement shall be gov- erned by the law of the principal place of business a( dx Archilcct. 9.2 Terms in this Agreemrnt shall have the same meaning as those in AIA LktcunlCrll A201, Gerlenl Conditiams o(thc (:am. tray for t:onurrtttan, currrnt u of the date of this Agreentml. 9.3 (:ausrs of attan between the pubes to this Agreement pcnaining u> arts or failures W act shall be tkrmad to have accnxd artd the a()(llinbk statutes of limitatkxls shall com~ mince ul mn t101 Eater than eithtt the dart of SubsWtial Coro. pktan fnr acis or failures ro act occurring prior to Substuttial CompMtan, or the date of issuance of the final Certificate for I'aymatu 4x atts ur failures to att occurring abet tiubsantial Completion 9.4 Thc Owner and Architect waive all rights against nth other and against the contactors, eonwltants, agents and cmpbyca3 of the other for damages, bu[ oNy to the Burnt toa Bred by progeny inwrarlce during construction, except such rights u thty may have [o the proceeCs of sttch irWrtarloc asset fonh in tht editan ofAlA Drxvment A201, Gerlcral Conditions of the Contract for Cortsrrtrction, current as of the date o! this Agreen/crlt. Tltc Owner and Archi[m each shall rcquuc similar waivers from Utcir caxltnttors, alristilunu and agents. 9.5 The Ow•nar and Arehitttt, respcetively, bind thrnlselvcs, their partners, succeswrs, asigns and kgal re(xesenlativas to the abet pant to this Agreement and u) the panrters, spcca- xtrs, assigns and kRal represenatives of such rxher parry with respm ml all arvemnts of this Agremxnt. Neither Owner nor Architm shall assign this AgrCenlrnl witlxaut the written a'um xnt of the mhcr. 9.6 This Agratmtcnt rapreserlls the rntirc and integrated agrcc. matt txtwccn dx' Uwncr anJ Archilcct and supcrseaks all prat nalNnulxlm. rcpnxnalh/ns or agncmcnis, caller wnl~ tan ur oral. 'I"hn Agratnxm may he amamakJ only by wrinrn mslnnna•m slgrh'J by Ixnh Owlxr aril ArchiR•tt. 9.7 Mnhutg.nuruncal nt thls Agnrntcm shall annlc ]runu:x nrJ rclau•m.h q+ \cnh ul .t a]ux' ul aruut m l7rur of a thuJ (r.ui\ .1 ~:.1111~I r11 hr1 Ihr 1)\a'llrl rn Ara itllrtl 9.8 1 uL ~.. nhrncrv' pwndeJ m Ihn Agn i'n lrm. tlx' Ala hnr. t .uW In hnc.l .. nn.a6anl. .hall 6.na nu n~yx ntxhJln lul Ihr Jn attn. lnrvnu'. h.mdlmg, loot. real ut ahax's]I of ur ostnl .roc ~ d Ix rv .u. o r h.v.uati nn nlak'n]h m m) tuna al dx' 1'u qra t vrc, ux Lxlur(; Intl rxA Innnarl In .aJ taVrn, slxNrn pn xkx l\ IL rh. h(nrn llrJ hlplxT\i (P( h(. rt r MIxY In\A V IIN:pN (\ 9.9 Ihr Archnrtt shall hart Iho nghl In ux'Iwk' rapn'sa'nt] In nt~ nl rhr drvgri nl Ihr Ihun'a t. mchxhng I>fx N. Igr]phs ul Ilk' c w'rxn mJ uOrln n, ]Ilx,IIQ IIx' ARf111a'l'I \ pn VlM Nxrilal ]Ixl pn dos\nnt.d nl.nonah 'I'Ix' Arrhnati'. nutcnals Jntl Ixe mJtxk' Ihr f Ianrls ,.xtl is k'nu.J ur pruprx'I:In- nJnnnalx xl d the U\v x'r ha. Inc\xnr•Ir aJrlv'J Ihr An hotel m wnbng of 7 8747-1987 Au Ix)r~t~NT BIII • rtV'\Ix sr. IIIIII t n..AU Mt 91 • I(Nia T{rMll fmTN M1 • • Iltl UII Mx 1R IM 1111'11 all AMr ltlllr n 1'rt YI V'1'•1Nx Al'r NU AIA •n•An~ 1 n{_~'Aa111Nla r)N. VI pvr~ WAr1NING VMrrnr.M 1>notocoprvey .rbllleyUS coprrgM ta•f ,xle,s Mbtecl blr0Al pvseeutbn ARTICLE S CONSTRUCTION COST $.1 DEFINITION $.1.1 Ihr (~~n.n u~lnm 1...I .h.lll Ix' Ihr boat ~n~r .n rsu nlalyd. ~.\I :~ I Ilia a )a nrt ul .J: rb'n x'wv.i Ihr I'i~ Ip-, I JrvgurJ ul .Ix'. Ibrd M Ihr {n hnc.l $.1.2 Ihr l,,nnn u. nun (aISI .hall ux IuJc Ihc auV .II uu«nl markat r.uc5 nl lalxn and muenah (urnnha'J by the lhvlx"r .uxl ayuiplncnt ak'elgna'J, yxYdicJ, xioclcJ ur sIxYI:JI\ pn n'IakJ (ur by nc~ ArchncU, plus ~ ra'awnablc allowance kn tIK lbn- trxulr s uvcrhexl :utJ prohl. In xlJunm. a «xvtnablc :dkrw. ana'r Orr anmltga'nrn's shall Ix• mcluakal Grr m:ukct anidit ilnn ]t rht• toot ul hulJmg :uxl !or a h:utgcs ut Ihc Wurk During ('Un\tlrxiN nl. 5.1.3 Gmwtn'txm Gnl akxs nrn utcluala• Ihc aunyxnutnm of Ux• Archnatt anJ Ara ItnccYs consuhanb, dtc ants of Ihc I:uxl, rlgnl]i1FN J\, IIILtII'lltg nr other arvs N~hidt arc the nslwn~ sibility of tlx• O\\Ix'r as pruvuk'J m Anlclc i 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 EYalwrk Nrs of the Owner's 1'rajca buafger, prclimimry cSlimares of Ctntslnxikm (]cu anal akuilcd (•xrimaras of Qm~ unxikm (isr, if any, prcpucd by the Arehucn. rcpresatu Ox Archilca's Ixv juJgnxitt u a afcsrgn pro(assnmal familiar with nc~ amswetkut industry. It Ls raognizcd, however, that nci~ titer Ihc Archuccl nor dx Uwner hm control over me axt of lalwr, malenafs ur cyuilmrenr, over dte Grntrxtur's mrrhtxLs of [lnemumng biJ pncas, ur over <umpeUUVa' bialding, marker ur negtxiaring eorWitkxes. A<corJingly, nc~ Architm cannot and dove not warnm or represent thu bids or nagurialed pricas will rltx vary from thr Owner's Prujca budget or fran any estinurc of (bnsrruakm Gxr or cvalu:uion prcparad ur agreed w ray tlx• ArdNnYT. 5.2.2 Nar fiscd hmir of (bnstmaxm (bst shalt be asuhliJtcd as a amJniam of rhls Agrasntcm br nc~ lunushnrg, proparill ur taablislmxnt ul a Pntjav buJgcr, unless wdt fiscal limn has Ixatl agrarJ ulxm in wrning anJ signed be the partial Ixrcat. I( such a fixcJ limn hay beam asnhlishcJ, the ArahiraYt shall he pcrmiucJ ru incluak' amungcncics fur ak•sign, hi<kling coat price ax~l:nxm, w akx•rminr \ehat m:aa•n:do, eyuipnxnt, cunt Ixxtcln syotcnn anJ rypas of Conslnlauun :uc w Ix inchlakd in dx Ctrm tact Dlxumcnu. w maka- « asnnablc xfjusmtcrtrs in Iha• sattpa' o(nc~ Pn>µ'a anal hr Include m nc~ (:a mtr.Nt IAxu nxnts altcnurc hlds ro adpau nc~• Cnnstnxrnm C.nl 91 me fiscd limit. Fiu'd 5mi15, if :utY, dull Ix• ins«•a.5a'J m Ihc ntxmm of an uxrcav' ut Ihr Cum nlCl Suet Ixruvutg ahor cn'ruuult nl Its' l :unu.lct tar llnnlnn uun $.2.3 II Jx' IhJdulg rn l~rg~ nl.n I. m 1'h w.," hw. n. N a ~ nnmcrn cJ Nlthm 'xl dn..dln Iha Ah hltrrl .ul vlnl. Ihr 1 ~m.nuannn 11. r, ur,enl. i~~ Ih. I h. nil. .u i. I'r~.p ~. I Ieuh•~ I .n hart bout ~A r umuu~le nl I ..•I \h.lll Iw wJp LUJ L. I, IL,I ,h.ury:., In dig Grnrl wi I. cal ul In i. a. m Ihr . nn.r nr. rn v~ mJUVn Iw'I V.rn nc~ J.ur nI whnu~wm ~rl lilt I.nhn u~lr.m 14n uiw nl. w Ihr llN nil .uW Ih. ~Lm nn uhl.Ir Im ~lr ...J. ur .. rnGh1 $.2.1 II .I IivJ how nl 1 nn.nw n.m t ~~a IwJlu.«'al a. prat \x1aJ m ~uhp.ll.un.q ~h S.' S1 L cr„..:. ,I ha the I~~\\rJ I+nt.l Inge hIJ ul n.'I:nli.u rJ ph ryw n.d Ihr I hew I shall .1 gna s5 ntn'n wppl. n.J ul .ul un lcl.. ut wah hxJ loon. .2 aulhanrr IrhlJJmg .n «nrA~mauug nl dx' 14,rµ'.1 .\~hm ~ raw.. ul.lbh nntr. .3 d Iha 1'n rpYl a ahmuk mcJ, a'nnuu« m .xunaWxc wllh I'uapaph H i, nr .4 uNgx'nra' m rcvning Iha• Pnrycal srulx'.rnJ yuahl\ .1. rva pu«'d b r rcthla t' the (nnSlnxlN rat l . r~1 $.2.$ 11 tha rlu nrr alxnrx-5 to pnNCrJ unJel Clwu~c 51 I r. tlx' Ari hotel, wnltoul xIJn NNUI chugs, 5h:dl nt. xLlr Ihc Can Intl Ihn unxnrs ns ncca:.vey to comply wuh tho fscJ Innll. II aoclhhsbcJ :u ~ mndnern of rhls Ag«Y'lll('tll ~I Ill' I1N xIIhc alNxl of Comrxt I~xtlntcnts shall Ix dte limit of tha• Architect _. rtsplmsfiility arising our of dx csrahliJtmcm of a fiscal limit. the ArdtitaYt shall nc rnrirkd to atmpcnsalNm in xatWancc oath thu Agrttirxitt (ur all services IxrrfurmeJ N•herher or our nc~ (;Ilnsrrrxikrn Phase is commenced. ARTICLE 6 qSE OF ARCHITECT'S DRAWINGS, sPECt~-TIONS AND OTHER DOCUMENTS 6.1 The Drawings, $ptt'ifi(vlkms and alxr ak xvnxitts pro paratl by the Archirm (or this Pnry'm arc inarunxitts of nc~ Archilm's srnice for use sokly with r~rca to this Projea anJ, unlccc othcrw'ix pmvklcd, the Archirm Jell ha• aka7txJ rlx- auth<x of these dtxirrtteitu and shall retain all commlxt IaN', stnurory and olhn reserved rights, irttiudirtg thc• copyright The Owrtn Ju11 be prnnittcd to retain copies, in(irxling rcpnr- drlcibk (ctpies, of nc~ Arehitm's Drawings, Spectficnktns and other llocumrnts for informatkxt and rcferenee in nxtnmktn wi[h the Owner's tese and occvpart(y of nc~ Projm. The Anili- tm's Drawings, ipecifiotioru or other dcKUnxnts dull ntx (x• used by nc~ Owtta or others on abet projec~s, for a(klitkxtc w this Project or for compkrion of this Prujm by aNhrrs, unless the Archirm is adjudged to be in defwlt txNkr this Agrttmcnt, cactfx by agreemrnl in writing and with appnlpriate c<xryxn- sarkm wnc~ M(itum. 6.2 tiuhmissirm or distribulkxt of akx'urnrnes ht fltaYt offieill ragulauxy rcyuircmrnts or fur 5imtlrr purposes in a>nrxrrkm with the Project rs rxx to he aonarucJ ac puhlia~tkxt in aknryfa~ rkm of the Architact'x r6crvcd rights. ARTICLE 7 ARBITRATION 7.1 Claima, JiSpuras or odter mncers in yrxtilxm Ixlw<rn dx' pank•s In Jtie Agrnmtcm arising aw of or rc latutg lu du. Agrcr nx•nl or 6rcaa It Ilx'nvrf shall lx' eubjaYl nr:md akaxk'J In' arhr u:uum in xartJ.utai N•nh Ihc <~m\n ua rNm In Jua n .Arbn rw non Huk's nl the Antcncm Arhm.lbnn Mvx r.lb~ m . unrulh ul aIIrJ ultlrs~ Iba p.ul N'\ numl.llh .Igo-a , nLrl.. IV 7.2 Ix"n unJ hrt .u bu r.uNm s1eJl Ix- IiIrJ m as haul: r. uh Ib. .libel parer lu IhlS Agrcrmnu .InJ as rah Iha Aulrn•.In :\Ihtll ~ ^, rat A>slxnnxm A ak'nunJ lur al huLm.m .h.Jl Ix nl.l.Ir Nnhul .I rca~nubk' loot ahor Iha' riunl. Ib.prw ul ~nh.l nl.n err ur yllal«. Nt h.ll arr4•It In lNr cvem JUll lha ak'u LUW bra .ubm.uN rn Ix' mxk" .tlrcl Jx" J.ur \rlx'n ut.W wxm ul Lg.J ul aqurLlhla pnMa'eahug\ ha4"J UIr 4n-h clallll. allyxtlr al o11 x'I ILLNIa'I ut aIaNVMNI \Yl Mlkl lx'h.Irrt7lln Ilx'.II>I rIN .A rk"J.IIIIh~~rl luuN.nN NI. 7.3 f'hl adnvunnt mmng ami ot.n rohnulg w dos AprcalNTu \11111 Irx IIKk'. hP 1i 111V 1INIJrM N1, Il nltak'r .n III all\ .nlNl Illalbx'r .m xklnx oral Ixrwm ur a•nwr rxn a p.u« of Ihl. {grranu nr. w Inn.\rrnanl mil • ,ru p'IN Ax. NIIII I V.NIINl NI HrUNITF.NI/f F111TN NV wIAA rrrwh 1111 A]rI NN 5?Intl 111 l1 ul ANI IIIIIA 15 1'15 NI LL'Yt INN wYFln IE.N~. wAN111Nl.TI NX. II a. IuNN~ Bl~1-1987 6 WARNING UnlN rnNOlnnloropyrng .rararn ll5 cataF.lgrNtwsaM is aagecrbk9y pr05KVIrM I. ~ . , ~~~un•r'-`l~"'"*Pr>RTr~f~ ul .uulx rltlK\~ 3.4.5 1'InuJ1n}; srn'q rs n-Lunt lu luullr' Lulhni ,. svela'ms and cquipnxm ' 3.1.6 Pn na(Img ti-n nt'a a1 mrovlgax' rxlsnng urm WneID ur fxihnes ur a) nuke manucd Jnw'mgs tho«ul 3.1.7 Pruvldutg x'rv1«s hr vcnly the xaura<y ul dnw~ings ur other mknmmlon furnlshrd by the Uwner 3.1.8 Providing a'1xuJlminm of an8lmCUUn Ixdumxd 1)y separue tom nanrn ur by tlx• Owner's own @xacs and ax)nli- nnion of services rcy(ureJ in annnenion w~i1h al ntstnx'tkat performed and cyulpmem wppha•al br the O\rner. 3.4.9 Prrviding scn•K'as in annncat!un with the work of a co« urucTbn mamgcr ur s<paralc a~mudullls recuna'd by the Owner 3.4.10 Pruvidhtg akuJcJ csunutcs of (bnomxlkm C.axt 3A.11 Providing aktaikd gmmitr u1n•e)'s ur invcmunes of malerul, cyuipmrnt and IaMx. 3.1.12 ProvWing arulvsas of owning and upcnling cads. 3.4.13 Providing intcriln design anJ ulhcr snnilar services raquvcd for or in cunncckm wish the sclmiun, pr(xvrcn)cnt or irWallmbn of fumimrc. fumichings and «Imcd cyuipmcm. 3.4.14 Providing sen•ices for pl:mnmg Ia•nanl or ra•nW spaces 3.1.15 Making inve5(i~VU115, In\'rn1U(KS Of rllaler)a6 Or a~W)Y n)ent, or valwtiuru and (lnaikd appnisak of existing facilities. 3.4.16 Preparing a set of repnxlucibk record drawings show ing signifiont dungec in the Wnrk made during condrtx'tion bxtd nn nurkcd-up prink, dnwingc and ul ha•r data fumishcd by tlk (:unlraaor h) the Architcc. 3.1.17 Providing ati<adancc in the mili»Iinn of cyuipnxmt or syurnu such as Icsting, adjusting and balalx"1ng, prc7rarniun of npmlkm and maintenance manmlc, mining Ix rS(mnd for operation and maintenance, and c)mulutk)n during opens Wn. 3.4.18 Providing services after i5wancr nr Iha' Owner of Iha• final Certdxne for Paynxnt, ur in llte absence of a firul (:cr IifK-ale fur Paynxnt, mu« than (N) days aher the• date of Sub- uamul G)mpktWn of Ux Wnrk. 3.4.19 Ihuvlahng scrvica~ of a'umulunn fur other than arehi- «cural. souaTUnl. mcch:miral and ckatrq":0 rngnxrnng pm txm.+ul the Pu rl('rl pn w'x1eJ as a pan nl Ifaslr tiervK'as 3.4.20 PrucldmF am ul bi r x'n'u es n1;r othrn\n' uxiu.ktl m Ihls APlrrnxm n1 nr rl ruso nu.nlh IumnhrJ ul .ur unl.uk a' wnh grnrr ~Ilr .1r r •pl rrl .ur hllr r hn.d pl.lr ^u' 3.4.21 Providing Bidding and Construction Administration Services. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 Iha lN. nr1 \11111 p1.ruJa lull uJrnnl.nq'n 1rl:.w ling rtyuualrl.nl. lur Ihr Pn qrt 1. u4lurlmg .l pn gp.uu \\hqh JLJI v'I lunh Ihr throat . uhln Inns. x hcJulr. I un.u.unn .uxl \ n Kru. ux luJmg spala lcgnnctxnls mxl 1cLngnnhgrs. Ik'x1 blhly. c\p.uuLlhilu\. yx\LII (vplgnncnl. .\vcros alxl cote ra'.pu1a'Iwnl. 4 2 Th.: I ).. nc1 .6.111 estabheh and ulxtua' an urcrall hudgcl for the Pn tp"(I, ux ludmg the Cunstnxuun Cml, Ilu- Uw1x'r's ulha•r p lqs and n'nun.dlk' cunungcna k~s rClalal to all of tha'.x' a'1nn 4.3 II rcquavnl by the Arahnca, Ilx' Owna•r sh:dl lunush cvt d\'nu' Ib.u Iu'~.mu.A arnngcmems ha vc Ixcn m:Kk' Iu hdfill Ilx' (>w'na'r . oUli};aiums un<kr this Agn•cntcm 4.4 l~hc Uwner shall aksignatc a rcprcxnulivc authonud to as on thr Uwncr's txhalf with «•spctt w the Pnsjca. Thc Uwncr ur such mthori[cd rcprrsenuavc shall roukr dactsk)nc m ~ tlmcly mmtncr pcnaining to dxumcros submiuM by the Archllcu in order to avoid unrriwmhk (klay in the ur(ledy and xyucmul pny(ress of the Architca'Is srn•kas. cnarac -sties. kgal INniutions anal miliry• kxatN)m ! ~ I o! the Pro and a wrinrn kgal (kscriprilm ( )c si«. surveys artd k infon)lalNm shall incl •, as applk gn(1CS and Lots of . alkyx, »cnts alxl adjoi propcny and stmnures; dninage: righls[N- restr)niuns, cucnxnrs, c cots, taming, alccd rc~ IK1rts, boundarias arW tours n(t cite; k)catkms, dir sons and nccccv - to pcruining w cxis huiWingc, c improvrnten t«rs; and infonnatkm cone "ng avail arility . 'es and lints, bwh public and private. a e x graak, ina'luding invcrtc and akplhs. All dx• inli)mn 4.6 Thc Owner shall furnish the scrvie(_•s of gaotachnical cngi- nccrs w'hcn such services uc rcyuaxtcd by the Architca. Such scrvicec may include but are nor limited «) test h<rringc, !CSI pits, delermimtkms of soil boring values. (><rcolation teus, cvatwtkms of ha>wr(lous rtutcriaLs, ground corrosion and resis- tivity tests, including necessary opernio«s for anticipating wM soil cortdilkms, wish reports and apprupriata• profeccional raromnxmaLti(nu. 4.6.1 77)c Uavncr shall fumish the scrvicax of whet consul rants w•han such services arc rrawrubly rcyuircd by the scope of the Prolcq and uc «yucdcd by dx• Architca. 4.7 77x• Owner shall furnish strununl, t)xelunical, ci)cmiol, air anal water p)Ilutiun ICSrs, tests for Im~rakws nurcriaLc, and Whcr lalwnu)q' a)W rnvironnxnul Lasts, iltyxttian)s anal rafxNts rcyuircd by law or II)c (Amtrac IkK'unxnts. 4.8 Thc Owm•r dull fumich all legal, xr(wnting and insurance C(HInSChng 5a'rvk'lb 15 may he rxa'asvry m any tinx• for Iha• Pmjan, ilxhlding aaWiling xrvkas Iha• Ow•rx•r may n•yui« hr Yenf)' d)e CUI111aCIUr~] Apl)IK JIh)n5 fur Pa\'i11e1tI ur IU 1K t'n:1111 how ur for \\'h.ll pllrlx lX•] the CunILK'lur It.tt IIY'al the ntunec p:uJ by nr nn Ix'h.111 n(Ihe (hrlx'r 0.9 Ihr .a n u r., nurmn.nu m. can c\..1nJ lclr m. lcyun rJ b\ I'.rt.q~Lq~,Ir. I G ihu ni.;h I ri.h.lll Ix' hrn u.h.-J .n Ih. 11.. nr'r-, .yon.. .ulrl Jir 41, hurl .h.111 lx rnutlr\I 1.. 1, 1. clam Ihr .lu w.q \ .urJ .. mydrlrn(~s Ihrn'rd 4.10 1'n unto v nllrn ro rbu'shall Ix' gn cn In Ilq r h. nn In ma- 11. hwr 1 n Ih. I h. na1 Ix . unx-. .1w .ur rd .un Lu dl rn d-k'r 1 m thr Ihr qr. r r.; nr n lr nnL Hnamu' w uh 1hr (un1 r.x I I q q unlr m. 4.11 Ih. plnla rN-J Lutgu.lga ul rr(bli\.n.. nr rrlnlic:ux m. layua-.h'd ..I Ihr \u hrn'al ur Al Jlnear\ nn.uh.uu\ shall Ix- wJxnlunl 01 dq' An hnrrl In1 «cxw anJ ay)plural al Last I 1 Jar. plg4 Ir. a'\ft IIIq MI I Ile" O\\'rq'1 Jull Iq 11 I('111n11 a("n llk".1 Ixms du1 wuulJ n'yuur k1q lw-ledge nr v'ngo. Ix'n mJ Iha u nlq- uI Ihl. \a'nv'nx'nl 5 8141-1987 tlIA VOCUxtEMT nNl • r14Nlx \Nr mlll I ar.xl I.uSI • Irp x1115111 IUl n. lp • \Ia• - pp' Illl \\Il xq \A IN\Illlll .rl •M. Illllr 1~ I-..\IY \r xlp a\'IMl \tl tl1~111\r.lr r\ Irr .np. WAn HIN(i UNlcenseE plbbcnprr/M) rblJlfS V $ coprryM 1xrr3 ana ri S.,x)I!r(b )r9al IKOSeavllen Sic/' 15 1 hr nr. bnrar .h:dl unrrprct .Ind do xlr nl.u lru Illk Ik-r1u1n1.11LLC UI IIIt' UU'rla'r and (ivW ac«n and I 'nxnl. ut du' (.umrarr Ixxun xnlt on w'nnrn «• u ~r r r la. nrr or Contra, wr l hr Alrlmcl Yt n' xm i rcyr ~.h .hall Ix' made u~lth rraw nublr pnn nnre• nn an. inr lunll. agrrrd ulx to .6.16 Inp'q) 'uhuns end drusN m+ nl Ihr rhl«'cl nh:Al h l lnsrsn'm wnh I c imam of and rciwmbl mlcrabk Irom rh nuxl Ihxuntc t and shall Ix in writ g ur in dtc form r nw'mgt. What ma rig such vvrrpn lions and initial <kr ions, the Arc hnca sl II endeavor .ucure faithful Ixrful Hance by Ixxh Owner an Cumne r, shall nut show panialir o cdhcr, and sh:dl n<n he I Ic f resulu of imcq)ICUtiuns u citk)ns u) ra•nakrcd in g1x ith. .6.17 The Ardutcds dcc~ oro to mvtcn relating n) xsthc jic cffca shall he final d c -Lttcnt ilh the norm cxpressrd it ',Ix CUnlnt] Ikx'umcnt 8.6.19 The Archne Shall render writ n dacisxnts within reatonabk jinx o II claims, dispwes or ( xr maucrs in ques '.ion between r wrier and Caminaor rc ing a) nc~ czecv ion or progr t of nc~ Work as provided the Q)nrrx 19 a Arehircei's decisions on claims, dispul ur ttt. including those in question between Iha• O n or, except for thox relating w aesthetic effm in Subpangnph 2.6.17, shall ht subject to orbit nr vided rtt Ihu Agreement and in the Cuntracl Ikxvml ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 71x services described in this Anick 3 arc not included in Buie Srnices unkss so idemifled in Anick 12, arW they shall he paid fur by tlx Owner a provided in this Agnentmt, in addition to tlx cumpcruatiun for Buic Services. 7'hc scrvic~ deuribcal under Paragnphs ;.2 and 3.4 shall only he provided if autlx)ma-d or confimxd in writing by nx Owrter. If scrvkcs described under (:omingcm Additional Scrvk-cs in Pangnph i3 uc rcyuircd due to eircunutances beyond Ux ArchiteeYs control, the A¢hnm shall notify the Owrxr prk )r to a'ont- nxrxing such x•rvia'as. If the Cwncr aka•nts dot such tiervlCas (laxtihcd un(kr Pangnph 3.S me rwt rcyuicJ, dx• Owner shall give pn>mpl wrincn ounce k> dtc Archnca. If dx• Owtx•r mdxa«s m wntutg that :dl car pan of such Conungcm AJJr Ix mat Sa•rrx ct a« 'nut rcyuircd, Iha' Architect shall It.n'c nu ubG g.nu cal lu pr.lvtlk' Ihusc x'rvlrc. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 II ninla ralvnarcr n'Inr.rnl.unm .II Ihr .nr Ih.m I. Jc.. nlxJ m 1ubp.u.l~ r.lllh _' h 5 I~ «'.PmrJ. Ihr An hurl I ,hall pn rude unr car nl~ r« I'n )µ'1I NcPl r.rnl.llla r. In .LVa m . am ulg uW w.h al iduu+n.u on +uc «+Ix utabJu m. 32.2 I'n yr•.I Nr Pr1'vnLlln c. .hall Ix~..~In lrJ. clnldua rd .Ind du coins b. Ihi Arrhllr(t, .Ind the Ar rl ull'r I .h.Jl Ix' cnngx'n s.m ~I Ihrlcbrt .1. .Ig«cd be Ihr Uanrr .vtd AIJn«~t 'Ihc dwx>, n'ys nt.rbdrhrs and hnut:ux m. cal .uu borne cal I'n Ip-1r Na1x,v'm:unr, .hall Ix' ^a ak'v-rdx'd m rhr c, htNm .d AU I i xunk'm H 55! 1 nnam a. nl the thus of Ihls :\grrrmcnl unk'ss ulhcna lw.ICrrrd 3.2.3 'l hu nigh the uhu'nvnunt by stxh Pn>Ic(1 kgxcxo unvcs, Ihr' Archncn shall cndon'ur to pn>vxk• funhcr protcc le ul fur the Owner ayainsl Jefecm and deficKncks m the ~t4 )rk, 1)w thr lu nuthmg ul such pn ljart «'pras(•nnrxm shall nut nu xL(y the nghls, « slwnzlblhries or .Ihhg:utuns of Iha' Arahilec I at Jeu'nlx'd rltrav'hcrr in Ihu Agrccnla'm 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Makmg ffvitxlRt In Dn WingS, SpCCIfMJf10n5 Of U(Itef dlKUmcnu when xuch revtiuns art .1 inamsiacm wish appravais or inslnxtions previously given by nc~ Owner, including revisions made rtcccs s:try' by adjustments in the Owner s program or Proj- m hudgtt; 1 rcyuircd by the enactment or revision o! codes, laws +ur regu6rk>ns subsequent m the preparJliun of such dIKU111CnIS; Or .3 due to changes required as a r~strh c(the Owrxrs hil- urc to rrndcr decisions in a timely manner. 3.3.2 Providing services required because of signifipnt changes in the Project including, bur ttot Ivnired to, sve, grub ity, anmpkxity, the Owner's scheduk, or the method of bid- ding or negwiating and contracting for construction, except for srnkts rcquved under Subparagraph 5.2.5. 3.3.3 Prepuing Dnwings, SpecifKatbns and o[htt documern cation aril supporting data, evaluating Comrxtor's proposals, and providing other services h conneaan wide Change Orders and Conuruction Change Directives. 3.3.4 Providing srnices in connettlon with evaluating stfbsti- tutbnc proposed by the Contranor and making suluequem rcvisk)ns to Dnwings, Spccific7rfons and other docvmcnutkxt resulting therefrom. 3.3.5 Providing cunwhmion a)nceming replacemrnr of Work dantagcd by firr car txlxr cJUSC during ctmstnxtknt, and fur. nislting services rcyuircd in connmion with Ilx rcplxemrnl of such Wurk. 3.3.6 Providing sen•iccs made neccsvry by the ak:fault of nc~ C(mtrxtur, by major Jefecu or afeficicnrics in the Work of the Ca)mractor, or by failure of performance of cirhtt the Owner car <:cmrrJctur under Ilx (:(xtoact for (:unstnKTkm. 3.3.7 Pmvidmg scrviccx h mluaung an rwensivc numlxt of claims wbmitrcal by the Cwmuactor or (Nhcrs in antncaKm with Iha' Wurk 3.3.8 Pr(1\'Ialllg Y'NI('l'] 111 pllllxclN lit M•1111 a pllhh( hcanng, vhn r.uNm pn xecdulg car legal pn xra'du)g except w'hrro Ilx' N. bores l I. p.uly thereto 3.3.9 Ihr p.inlq; Jrx uuk'nL lur ~hrnl.llr. ..'p.n.w'ul >cynrn«.J 6n1. cal pnn Iduy; K'I rx c. car unnr, to m ar nh buldutg. Ix'gulel non cal runty ua unn pour w the unnplr«un nl Ihr l:nn.u tx IMtll l)1 x11111C111~ Phe4' 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Pn lc l.hng Jnalrx~ cal Ilx thenc(a Ix'cd. and pn y;r.un tllnlg Ilk' rl'tlunl'll K't1N of Iltr P«11('CI 3.4.2 I'ruYNhllg Iii lalklAl fa'ltdslltlo car utlx'r yxYla! 4U,Ix~ 3.4.3 I'n lv xln?I; Planning survcvt. snr rcalu:nh m. of i1m1 It~.unr audx', cal pruyxt ucc our. wrw VVI.UMLM) ONI • HIV M N eM11111111 M.MII MI Yt • trx ~XTF.rNTII EUn 11 )N • Ala• • •~I•M' I In ,NI Mu 1•. ~\allll I: , Ir itNl inlrl 1, I'at NI al' T1 MN pVrNlll, Ni'_ wA1111N1I T11N 111 ;iu•. 9141-1987 4 WAPti1NG. UM,ceniM dxtloe0O1'InY •iO1Nt~ U 5 CaOYNOM1I tw1{ Mtl N Hbt• M Mont tlrrNlfnlM V1 A 'I h. .\i. hrlr, l ,h.rll 6r J u-pas-.ruLUnr r n .Intl .h.Jl JJI I I 1 r m.I ul tr ltll lhr I ).con 1 I) Junnti : r nuu ua bral until li .I nlrm u.Ihr(.nwxun is ;lur. :old lL)Ja .111 AJdnem:d n ' .u ihr Uwnn \ Jnrr uun hr Im lone In lone doting Iho rn m Ixn.xl Jr.. Iil xvl m the (~rnu.Irl 4n r inNnurLUl 1-h ~h irrl ,h X11 h.nr .uuhrnllt Ir. ,wl nn Ix'h.dl rn tho ( trnr c 1 Ihr rV,'nl prrn ulcd ul Ihi~ A/~,urnu'nl unk~t nd rnvl. dlb d by trnucn ut.u unlcm .5 'I u' Arrhncrl shall von the .vlc JI hucrvals a T«lpn the SI gc of comrruaem or as whcrwisc age d by met al I ArdNrca in writing to become gene Ily farm h the p e~,«v and yualny u( the Work a)m eted and ermine i Rcncnl if the Work is lxmg (x•rk>r Nina m indxarin Ihm the Wurk when completed w I be in xe ice with tl G>mna [hxuments. 1lnweve , [he Arehio II nut he re irN to make esh]ustrve or c sinuous nn-! xaknu w a xek Ihr ymliry• ur ymmity f the Work. I buss of oms (• ohxrvnions a ]n archi rr, the Archie II keep the O tier informed of the pre, css and gwliry Work, ands ' II ender»r to guard he Owner aRail :cLS and drfic" uias in the Work. fore er/rnsirr s ~esnanlion nmy ugrerA lu rec un ddiliwrn( Srrrfce, :rilxvl in % urugr rb j.2.J 6 The Architm sd shall tint lx rrs(wn niyues, srquc»ces r proRnms in cY)nrN ly the (:(mrnaor's slrUainn. The Arc nor nav k (or c< wil Y with the Conrnct Do I control over or chugs a Subconuactors, or (heir r persons pcrfortninq pe r The Architect shall a(/all rcvcr it is in prcp]nr or .8 Except as troy timcnts or whrn ly authorvcd, the < >ugh the Architect. 's cnruulunu sh' 9 Oau'd on nc~ AI Cunrxtur's pl ew ]nd ecrti( the and c c nvol over or rnalg m.c union mcuu, meth or for safety preour h he Work, since these ny under the Contract not be responsible for c]rry our the Work in ac ors. The Architect shall or omissions of the Coin is or cmpbyccs, or of of the Work. a love access to nc~ Ir rCSS. Ix rovkkd in the Cor imu iClllnnc h]vc been bnr ctor shall common tin 6Y and with the A be through the ~ ;hikrl•s ubxrvati :]buns (or Payml amounts due Ux ]nd cvalwrk)ns the Ar•'hitcct sh IuJUlnt rd Ih, Uruk. (') Iorl('wrJ (, ulab urlNm ask\uh, IJ.. In hniyurt. +ryucncrs or pas Nrduu's, (S) n•vlcu'ad a 11'. 11114W 111 Irl ('ICrd (rum lutxonlr:N lots Nod mllcrill ) n. nvl rnllrr J.n.r n'r plcs«'J by nc~ Uwncr ul oubtilarl hr [ rlnuJ. wl . nl!hl a 1 pa)ancm ur (4) au'cn aux'J hna,~ /, ch. i pwlw l•.- Ihr I .eu l.rr wr h:u uud nwnct prcvwu•/IT( m .1 owl , it Ihr t unll.uY 1um 2.6.1 (hr A« hnccl shalfhave aurhonly nl «•~ea ~ We k wf .frx., n I c. mlunlr w the (:umnct lk)cumrnrs. WI aver Srrhlln antsldcrs a nccctis]ry or advisahlr for i pkma ion of I ' intcm of Ihr• (imtrea [kx'umcnts, nc~ china ' uvc amh riry lu rryuirc addi[iorul inspcakm ur -sung of .Yrurk m x ~o«fancc wish nc~ proviskms of Ihr C ntrxt Qi na•nts, w•hc u'r or nor such Work b (abricat irut]Ikd nmplctN. f lwcvcr, neither this wthoriry of r c Mchirm I i dcciskm nu c in Ratd (with either W cxcrci or rxn w e) 'iu' such uuha ity shall give rice «) ] duty o r~punsibility he Architect a rhr Comnaor, tiubcontn ors, matcna! ; 'yuipmcm supp 'crs, their ]gents nr cmp vccs or nlher (: ors parkxming )sinnc n( nc~ Work. '..6.12 The Archie sh]II revkw and prove or rake otl ppropri]tc action u n Contractor's s mituk such u 5h NawinRs. Product u and Sarnpks, ut only for the Ilinil mrpnse of checking r mnforrnarx with information lib nd rlx aktiign concrpr •xpressc(f in x (:ontract Dcxvmcr 'hr Archirra :s action ha0 be with such reuonal romptncsc as w cause delay i the Work or in the tt '.nation of the Owlxr or )( sepa to contractors, whik allo lg xufficicm tinx• in the A shire k professional judgnxnt crmil ]dcyuatc rrvkw. Rc ' w (such suhmiru(s i5 nor cc uctcd (or dlc purpox of c fining nc~ xcvn(y and co krrness n! other dctaiLs sec dimrnsions and gtnnriries )r subsuntiatinR instnxt"roes r irutallatbn or pcrformuxc auipmrnt or systrnu y the COmltxtOf, all of whi main dlc raponsibdiry f t Contractor to the ease tluired by nc~ Cemtnct Ls. The Architm's revie )all inn a)nstitutc appr al of ay precauti(xu or, unk ihcrwisc spcciha ~Ily w d by the Mchitm, of cunstrtxtk irJns, mcttN Nk, Icchn' ues, sty or pnxrdures. T rchilcct :s appnrval a specifK ctrl shall not indict )proval of an 1SSem y of which r item is a comporxl 'hen pr:)fcssional c ificarion of pc rmance ehancteriai ' mmcrulc, sysxms x eyuipmrnt b r fired by nc~ Contn txvmcnrs, rlx Ar ism shall be emit to rNy uprm suI •nificnk)n hl esr dish that the mareriaL sysrrnu or cyui cm will nxrr tl • perGumance criteria rc wired by [hc Co .6.10 "I'ha Ar- sect :c ccnlfirauun k)r pay cm shall a)rut we J rgxeca' mkm a> nc~ Owner, baxd a the Arc hnccr' Ihu~n•aurnn : nc~ sue a provided in Subp:ua nph 2 G.5 an. m Ihr J.n.I mgmwl}; Ihr Cum rJClul'o App6 skin h)r I'.n urnl Ih.ll I r Ihr Ix~v rn Ihr ,\n hnrr I-. knueir 1},r. mGunl.l r Ir nl .uxl Ix , 1. Ihr \\'rnk ItJ. Inut7 r.a',I Irr Ih,~ Ixr N InJrc.nrr IrJ IIn. ,I dm ul \\I UI. 1. ul .Ir arras l.uxr unh I r~ t:rlnuJr has unu'1 Ibo lula'Frnnl; Icpnxnl.n it nl. :tic .u p'cl ul :u -cJlu.nnl i ru Iha' \Trnk lur (onluun.mrr w'Ilh Ihr l.onrrx Ax um u~ ulwm ]uba.mm:+l (imlplcur rn, ul Ic.ndn d wbx pl<'m oi..uhl u)y x'( eons. lu nunnr dcrl:nu m. Irum Ic Cul( ILI(I ~x unlrnl. alrtuv-table pour w annplruun anJ o el .Ib. u.Jal,.uinn~a'spr.val be lhr Mrlulen 'I'hr lssuan col n is .tic for I'.p'utcnl shall lunhrr cunslnulr J Icprara•n TINr ha the Cunu.ullrt a cnmk•d !o parnxm m the mlwum 'n ~N' Iluwcvcr. nc~ r>+runrr of a Ccnd~carc fur Paynxm u l I Ix' a r<yrcxnrJGun rho the Ara'hncc r lus (I) mark a•xha 3 8141-1987 .6.13 The Ar hixcI shall prcp]rc Ctungc ~)rdcrs ]rxl Cw>n tm<uun Char Rc Dinrlives, wash wp(xlning akx~umenulN nJ alalJ u a 'tied Ixccssary by the Archlrccr r pn>vnkd I 716paraArap . i I 1 and i. i i, fur Ihr Uwncr'. prxuval mt 'xcl eons 1 .Irrrrnlnxr wash the (.linen I].N me'm.. JnJ u.n .nnhr yr nuurn ah.u let m Ihr Wrrtk tits r vole ur); .ut tllhl~llllrl In lhr /.r qll Lkl tiunl ul .utfYlrll]unl nfl o(:r 1111rJtl I our u I h .ur nr q upnnsl.n'm trash Ihr ml<'m rN th I arm rul I )I M-11111 Irl 1 Illy MJuurl .hall ronJlnl myk'(hum nl (k~ d tr ul d.ur..d Suhtl:mual Cnnytlrbnn :ual the dau I I Irnnn, .h.Jl u'arrvc JnJ lur u'Jnl w nc~ (hrncl & I('I ~ Ir\'N'\t .i11J rra'l lr(I\ w~lll ll'll w'Jr IJI11 M's Jlld (l' untcros rryuucd by rlx- Gmtrxl Ikla'unxnn utal 1 I by the Conux't~r, aril dull i~~rN' a final Cc•nrfx'alc fIN u ulwm annpliana' with ^x• rcyuucn)rnlc of Ilx (fir:' AU DOgMIENT 8111 (rWNI N AMI nltH 1 At.NH MI NT rrx IN1EFJ`nll elNTruN • AIA~ • (Ir19M+ 1111 AMLNN AN IN1TIT111 ). O) ANI III I M Tr I'1S Nrw Y<MN AVF)rnF, N w, wASNINGTON. U C lnxu WARNING: UMCmseE IrrroloccgNtq vrOlMea U.S. copyrgRl Iwre anA n .latest b k9A1 plmecVlan Il{kMti ANU CONUI'll<)NS O1' AGKIiIiMENI RI':l WFIiN OU7NEH ANU ARCIiI'I'ii('f ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 Iha• Architect's scrncas consist of those s'rvi<rx pcr- formed by the Architm, Architect's employees an<f Architect's consuhanls a cnurncnlcd m Anidcs 2 and ; of llus Agrnnum and any ollur scrvica inclu<kd in Ar: icle IL 1.1.2 Thc ArchdccYS scrvi¢s shall be pcrfunnrd a~ cxpcdi~ lkluslr u 8 consistem with professional skill and care and the orderly progress of the Work. UIx>n reyucst ul the Owner, the Ardtitcct shall submit Orr the Owner's approval n schedule for the perfom)ance of [he Archilnas services whirl) may lx' adjusted u thr Prapct proceeds, and shall indu<k allowances for periods of ume rcquircd for the Owner's revkw and for approval of submissions by authorities having juriWiction over the Projm. Tune limits esnblished by this schcduk approved by the Cavncr shall r)p, except for rcasortabk Qusc, he exoacalccl by the Architect or Owner. 1.1.3 Thc xrvitts covered by this Agreement are subject to the time limitations contained in Subparagraph 1 1.5.1. ARTICLE 2 i SCOPE OF ARCHITECT'S BASIC SERVICES w'See Exhibit A for Scope of Services The Architect's Basic Srrvicas consist of [hose descri graphs 2.2 through 2.G and any ahcr scrvkes ide tiled ,ni 12 u part of fiasic Servkes, and include rx) stru~- J, apical and ckctrical engineering services. I TIC DESIGN PHASE 1 Thc M ~ cct shall rcvkw the program misltcd by the rx-r to ascc the rcquircmrnts of Ih rojM and scull re al a mmual u rsunding of such re uiremrnts with the T.T.2 the Archilm sh provide a elimimry cvalmti(m of llx Owner i program, cdulc nd corutructil>n hualgct rcyuirancnls, nth in tcmu f d other, mlhjca'1 to the limiu- IN>ns set funh in tiuhpangry) 1.1 2.2.3 Thr Architca shall r 'icw• with the Owner ahcm:u rcc apprr Lu h1~ to Jr51gn and onltnn t m ul Ihr I'rnµ'rI T.T.4 It.nrd un Ulr m u.dl\ agl rl it n "n Ix~lgl.u n, xhrlhdr .uLl a, glyrW Ilan li .igcl r(YIIrll Cltlrnl• Ihr ,\I511nCrt 111.111 pn'p.nc, Irn ~ppur ,rl h1 the UN-ncr. 1. hr Lm, ikagn Ilxu mcml.un11111n ~ .I dl.ncutgl :utJ other d. x'1 nrn11 dlull r.u ulg Iha u alr .ux1 r coon>hqt al I'rnµ'rt cunyx mr 2.2.5 llx' lhurrl 1h.111 mlbnm to Ihr lhcncl `. xrbn nn.u\ .'.bm.llr, Gm1nu\ bran Cu11 b.lx'J on 1 uornl .ur.l ',dome ur olhcl u l unll DESIGN DEVELOPMENT PHASE 1 Ifax'd un dx' approved ,laixmatx Ikslgn Ikra uuulc rn QIn1l nlrbuu Uudgcl, Iba' Art htlccc-l r1 pn'p:R /1 ' :gtpn n'al br the Uwncr. IXslgn Ik'vclupmem Ilium I ~~Ky/////' tvsnng nl dnwingl ahd odor d1x unx'nls w fix :Ind ale ri . mu' and charaaa of the Pn>jact a ro architcaunl slit a machanical mJ ekclrieal systems, mmerials ' sue tc tkmcnts as may he appropriate. 1.2 he Architect shall advix the Owrxr of any ~ justmcnl Ihr dimlmry oummc of O>namainn Gust. DOCUMENTS .1 Jlasr un the approved Design Deve pmrnt IkN vs and " y funhcr xJiuammts in the sc ur quality 1'rujra u m the cortslnunion budget ulwri~td by t ncr, the Ar )itcct shall prepare, for appr al by dx: Own atitruction I mcnts consisting of Dn ings and SpccifN s sitting fora in detail the requir is for the mnstn of the Prvjc 2 The Archilec~shall usist the Ow r in the prepan[ion nccasary biddirfg information, b' g forms, the Corti s of the Contnct,7nd [he form o Agreemct between c nn and Contnctof. 1.3 Thc Architca shah m previous preliminary is ed by changes in requir .I The Architect shall a Owner 5 responsibility approval of guverttme 'r the Project. t Owner of any adjlrsun t of Construction Coo i general market conditi Owns N connecYton \ fdNg dlxumcnt$ regUlfed wthoritia having jurisdic i BIDDING OR TIA PHASE i.t Thc Architect, f owing t Owr)cri approval of rwructan Docurtxrt ~ and of the test prclimirury estin Cortunrctbn Cost, I assize the wncr in obtaining 1 rtcgrxialcd pr and assist u) warding and preps vncts for cone inn OF THE TRUCTION CT .6.1 'fhc Arch ca't's n•slx ntslbdnr In prow Ic Hasia' Sa•n'icr. n Ihr (.on11n aura 1'hala' under Ihl\ Aglcen -nl nmm~cna2•. Ilh 111 \':I N'.I 1.11 IIIC (-.utlb Jrl Irn CnltNtuC Ull .lllal ICIIIII il,..u Ihr n Lrl ~tl lltr Lw.m.r In Ihr U\cr -I .d Ihr iuu ~aih .m I n I'.n ne nl .n rJl .Lit. .J lr'i Ihr J.u ,n 1uh+eul .d 1 ~nnlll lr.m .d Ih. \\,nA Y Ii An hlxr'1 shall pit rvuk ado unllu.n ton I Ihr Cup, 1 bra ,Nh1111t1M 111 .l5 V'I IOrlh Ix'IOw' .II1J m Ilx- '1111Mr111 U unlrnl A1m1. Gcnrr:d (. nxhuonl nl the Cu tract G lu Nlxrn, uuu'm a\ of Ibc d.nv of Ihn Agra ~'n11"1 ank• r '14' pit u'NkJ m Ihl1 Agn•cnx'm I hll x'1, rt•nlx nh161huco rant hnulalN me ul am borate If th Inl'el Jlall INN Ix' (aNfN'Ia'(1, nk%IIfN'll tM eXleYlak'd w'I xx loll agrClllx'lll tlf dx' ON"lx'r aril AfCh11tYY w'Idl at Mlfll 1 (: Nmral7r u. w'hw'h nmxm .ball n1N ix' unrci.uu I n,w wbpw[nl OHI ~ I IY NI N .\X11111 I I I ALMI I NII NI ~ I I rI :N 111 NI II I lrl I I, r\ . xIA~ +.19M- 1111 ~~n MI1.A\ IM I I I I l l nl xMU 1111 ~ 11, l' 15 NI w' \ 1)NN x\'1 NI:1_ N w', x••\1111 AV.1, IN, 111 1nvx. 8111-1987 2 WARNING- UMicenseA pM1Olocopyl,y vlOlalls U.5 coprrgln lrnrt ~rIG k y4recr b k9M pOflY.V IIOn T N f A M F k l C A N I F S T I T I' T f , i . ~A.-~ A/A Lkxument Bl4/ O F A N C II I 'r F f t ~ Standard Form of Agreement Between Owner and Architect 1987 EDITION TH/S DOCUMF_NT HA.S /MPORTANT LEGAL CONSEQUENCES; CONSULTAT/ON W/TH AN A7TORNF_Y LS /iNCUL'RAGEU W/TH RESPECT TU /TS COMPLET/ON OR MOD/F/C,1T/UN. AGREEMENT made as of the 30th day of Nay Nineteen Hundred and Ninecy six in the year of BETWEEN the Owner: city of Atlancic Beach ~'~""""N`/"~`/"'s`) 800 Seainole [toad Atlantic Beacb, Florida 32233-5445 and the Archi[ea: na.ea 6 Moore ln4iNN•a1N/rwdrsq 1 N. Dale Mabry Mighvay, Suite 700 Taapa, Florida 33609 For the following Project: //ul /udr• r/r/rri/rvI d~o.'npliun .,/ pnrpr /. LN uluur..NI /ne• and .. rNN' 1 See Exhibit A for Scope I'Itc <hancr :utcl Arcltitcc'1 a};rcc• as xt fitrth below. 1-•gryrlghl 171', 1'1!a. 17i H, 1951. 175 t, I'nN. I'N,1. I'Nr\. I•xr,, I'X,7, I•)711. I•)'i. I9~J, 01'xq Ac I7N'AnN'rN An Ia4tllq. ul AI. hurrl., i'45 N. N~ Turk Ac,'nIN'. N k' R ~.IunNl.wl. U:. 11N I1 (. Ngx.yLN'Ie wl .M Jr mnr~nal lw~rrm .N 4d,.ranll.ll •lu.ll Jlx Nl ul IM1 hI O, 1~M rIM N'lllb rul N'I IIICII I%'r I11N~N Mi nl ILa AIA cNdna\ IIN~ alryn~rrylhl Ivv. of dN' 1'ro1cJ \tur. nNI N rll Itr .ul rl•-~ I w N~gd pr ~... mxnl Aq OOCUMEN7 9111 • • IY vl N •NI 11111, I A..MI 1 fll N 1 H N q fH N I11 Il)n N Ip • AUK • r I I VN' IIII \41 NN ~\IRI111 Il rll AMI Illlll 1\ 1'1\IGIY II MIh A\INPI, h'•,'l'A411NL II M: UI 4pp 8111-1987 1 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA: Approve the contract of Dames & Moore for the plaruting And site design of the Tresca property. SUBMITTED BY: 'Timmy Johnson, P & R Ditoctor DATE: July 16, 1996 BACKGROUND: The City Commission elected to have Dames & Moore conduct the planning aad site design for the Tresca property. Attached is a copy of the contract for yow review. This is a two-phase project. The fo0owing contract is for phase I only and includes environmental and site engineering assessrtxnts and the master plan. Phase two is subject to future grant funding availability. This contract is not to exceed 520,000. RECOMMENDATION: Staff recomrrrends the commission approve the contraact of Dames 8t Moore and authorize them to begin work. ATTACIlIvIENTS: l . Dames .~. Moore contract REVIEWED BY CITY MANAGER: AGENDA- O. '7 ~' Robert S. Kosrn, P.E. t.e~y Road Improvements May 31, 1996 Page 5 TERMINATION OFSERVI E This agreement may be temtinated either by City or CWI should the other fail to perform its obligations hereunder. !n the event of tertninatian, City shall pay C Wl for all services rerrdered to the dau of temtination, all reimbursable expenses, and reimbursable termination expenses. APPLICABLE LAWS Unless otherwise specified, this agreement shall be governed by the laws of the Stan oCFkxida. If this proposal rtxets with your approval, please execute both copies and return one copy Cor our 6ks. We look Corward to the opportunity of working with you on this project. tru B~~~;~IZG~ s~ ~/ Project Manager Approved and Authorized for City of Atlantic Beach By: Approved and Authorized for Connelly & Wicker Inc. By: Richard C. Welch, P.E. Srnior Vice President Hate S T/~9 G Dau Robert S. Kosoy, P.E. Levy Road Improvements May 31, 1996 Page 4 USE OF DOCUMENT It is further understood and agreed that the construction documents and the ideas and designs incorporated therein as an instrument of professional service are the property of CWI and are not to be rood in whole or part, for any other project without written authorization of CWI City is hereby advised/wamed that such unauthorized use can be very risky, and City does therefore agree and warrant to hold CWI harmless for arty such unauthorized use and to diligently defend and/or itdernrtify CWI from all claims, damages trod expenses against CWI resulting out of said unauthorized use. LIABILITY It is understood and agreed between both parties to this Agreement that City agrees to limit Connelly & Wicker, Int.'s liability to City and/or arty of its subsidiaries, and to all construction contractors and subcontractors on the projects for errors, negligent acts, or omissions resulting from these professional services to an aggregate amount not exceeding CWI's professional services Cets or SS0,000.00 whichever is greater. In consideration of the unavailability of professional liability insurance for services involving or relating to hazardous waste materials and since it is not the intent of this agreement for CWI to provide services involving or relating to hazardous waste materials nor is arty such exposure anticipated by either party urttkr this agroanent, it is agreed that the City shall indemnify and hold harmless CWI and its consultaras, agents and employees from trod against all claims, damages, kisses and expenses, direct and indirect, or c«tsequenlial damages, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the perfomtanee of the work by the Engirtea, or claims agaiml CWI related to hazardous waste materials or activities. This indemnification provision extends to claims against CWI which arise out oC, are related to, or based upon the dispersal, discharge, escape, release err saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or arty other material, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a)soil, (b) water, or watercourse, (c) objects, or (d) arty tangible or intangible matter, whtXlter sudden or rtot. INDEMNIFICATION City shall indemnify and hold harmless CWI and all of its personnel from and against arty and all claims, damages, losses and expenses (including reasonable attorney's fees) arising out of or resulting from the performance of the services, provided that am such claim, damage, loss or expense is caused in wiale or in part by the negligent act, omission, and/or strict liability of the Ciq anyone directly or indirectly employed by City (except CWI), or anyone for whose acts any of them may be liable. This shall not apply to negligent acts, omissions and/or strict liabilih for which CWI is responsible. Robert S Kosoy, P.E. Lc+y Road Improccmcros May 31, 1996 Page 3 COMPENSATION It is proposed the payment for the scope of work described above be performed for a lump sum Cee of 5 375.00 ($9,225.00 if Bid and Conswction Phase is included). Bid and Construction Phase will be performed only upon separate written approval from Clirnt. I) TopogaphicSurvey SI,275.00 2) Design and Permitting Phase 54,100.00 3) Bid and Construction Phase (if desired) 53,850.00 In the event that additional services be requested outside the scope of work it is proposed that payment fer these services be on the basis of CWI's current hourly billing rates set forth beknv plus arty required reimbursable costs. Cateeorv Hourly Billing Rates Principal Engincer $90.00 Senior Engincer S 80.00 Design Engineer S 65.00 Senior Designer S 60.00 Senior Technician S 45.00 CAD Operator S 35.00 Secretary S 30.00 Reimbursable costs include Cees of Professional Associates (whose etcpatise is required to complete the project) and out-of-pocket expenses. Outof-pocket expenses shall include but not be limited W travel expenses (lodging, meals, etc.), job-related mileage at 29 cents per mile, long distance tekp}tone Dolls, printing and reproduction costs, and special supplies and materials. SCHEDULE FOR PAYMENT Invoices will be submitted monthW based upon the work complete at that time. Payment will be due upon receipt of im•oices. If pa}mcnt is not received within 30 days from the date of the invoiu, interest will be charged at the a rate of I-1/2 percent per month on the unpaid balance retroactive to the imoix date, and CWI may, without waiving am' claim or right against City and without liability wfiatson•er to City, terminate the performance of the scn ice Retainers shall be credited on the final invoice. In the event arty portion or all of an account remairts unpaid 90 days after billing, Cit} shall pa}' all costs of collection, including reasonable attome~'s fees. Robert S. Kosoy, P.E. Lery Road Improvements May 31, 1996 Page 2 Road to Main Strxl. The plans will include the re-signaliution of the Mayport Road/I.evy Road intersection. The plans will also include repairs to the emergency outfall pipe and new potable water and gravity wastewater collection lines if desired. This proposal is based upon the City handling the approval for voc removal and any trtitigation thereof. ContraM documents will include all pertirtertt technical specifications to the consWction and all ttceessa_ry proposal, bond, contract and bidding information. Permittine Permitting for the project will include the following: • We will submit the projoct to the St. Johns River Water Managematt District for the purpose oCobtaining an exemption. If in the event a permit is required, this proposal shall include permitting, qtly the portion widened to three lanes, near Mayport Road. Construction Phase Services (~f desir 1 Construction Phase Services shall include the following: ^ Conswction observation as required to witness critical cons1rttction activities and tests. ^ Attettdartce at a preconstrtxtion mating with the City, Contractor and Utility companies to discuss pracodttres and general coordination. ^ Review of all submitted shop drawings. • Review artd approval of the Contractor's monthly pay requests. ^ Contract interpretations and change orders. ^ Attendance at a final walk-through with documentation to provide the Contractor with a final punch list. SCHEDULE OF WORK We will commence the work immediately upon being given notice to proceod, arrd propose the folbwing schedule: Preliminary Plans 28 Days Construction Plans for Bidding 28 Davs r~',', ~y Connelly & Wicker Inc. Consulting Engineers PROiES51GN45 ROflEH' D CJNNf LIY PE N PAMf4 nOWAHO PE JpRIN LE WI$ PE WIILIAMN MANONEV PE DDANf H Mf RRELL PE bAROU NEIN+lI PE tlILLE N !a51 P E RICNLRDC WELCN PC FIANWNI WICnfF /E May 31, 1996 Mr. Robert S. Kosoy, P.E. Diroctor of Public Works City oC Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233 Re: Enguteering Services Proposal Levy Road Improvements Atlantic Beach, Florida Dear Bob: „. • 'iii ILA ~~:E 'I i~%/ __ i _-~ j_ i Bv_ Connelly & Wicker Inc. (C WI) is pleased to submit an engimeaing tee proposal to the City of Atlantic Beach (City) for preparation oC plans and specifications fa above referenced project as described in greats detail below under Scope oC Work. This proposal will remain in effect for a period of 60 days from the date of this later. Acceptance after that period is subject to a review of the caditiorLS statod herein, and possible revision by CWI in response to changed conditions. SCOPE OF WORK rv in Surveying related activities for the project will include Utc following: Fowl topographic survey for the entire road rightof--way of Levy Road Cram Mayport Road to Rose Strea. Survey to include horizontal and vertical locations of all Physical features including but not limited to roadways, fences, trees ova 6" in size, utility poles, inlas, manholes, signs, etc. Also includod is an update to the survey previously performed from Main Street to Rose Strea. Design and Permittin~Phase Services En ig nccring Documents Engineering documents (or the project w+:ll include the following: Construction plans will adequately depict the construction of a new asphalt roadway with swales and drainage facilities as noassary from Mayport P. O. BOX 51343 • JACKSONVILLE BEACH, FLORIDA 32240-1343 • 904!249-7995 • FAX 904/241-1726 DESTIN. FLORIDA • CASHIERS. NORTH CAROLINA CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Engineering Services for Levy Road bnprovements SUBMITTED BY: Robert S. Kosoy/Director of Public Works ~j(,~i DATE: July 16, 1996 BACKGROUND: Levy Road is one of the main accesses to Section "H" sad to the developing indrrst[ial area along Levy Road, Main Street and Mealy Street. An improved and widened roadway is Wended for the increased residential and commercial flow of traffic. Lnprovemems that will aLro be reviewed are an enhanced irtersection at Levy and Mayport Roads as yell as repairs and rehabilitation to the emergency outfirll lice and a possible upgrade to the water main on Levy Road. Connelly & Wicker will prepare plans and specificatioffi for right-0f--way improvements of Levy Road to Main Street. Their scope of work includes surveying, desigq permitting a~ construction phase servixs, including pertinent documemation . Their firm is able to keep design costs to a minimum because they had prepared a preliminary design several years ago. RECOMMENDATION: Approve the Fagiaering Services Proposal from Connelly & Wicker in the lump sum amount of 59,225. ATTACHMENTS: Connelly & Wye{~er Proposal Doeament REV~WED BY CTI'1' AGENDA Ti'EM C! 1 Y (il A7l ANTIC BEACH HOUSIhJG REHAB PROGRAM COOPER, SYLVIA 1909 MEALY S7 CONTRACTOR ~,s. 4 r ~ w' ,-' (CONTRACTOR OR 81DDER SI TURE) ~{"~ (DATE) '' F' ~ P~ L'nC, v: i Y OI ATI ANTIC GE ACH HOUSING REHAB PROGRAM COOPER. SYLVIA COtJTRACTOR 1909 MEALY ST !--- l I --_-cPMerri Mnrf~,~_s ~.aeoR -- _ T 1 SEWER f umr.n ano ux~mi ~rw ;ewer serNCC Crusty and fxi l i 3 S /U sept¢ tank Res!orr au as!mbed areas rSprc No 201 I l 2. ROOF Remove rntue roof ano replace wAh a fiberglass 5hm9~e ~ I ~ ro0frg system Replace aN dete~e.ated kxnber and all metal ~ I ~ 3 5 componeras Remove healer flue aM repan decfurg (Spec Np. 10) i ~ 3. SOFFIi5/TP,IM Replace oetenonted krtnber al sotRl. gabk. aM tn m~ I ~ (_ areas. In51aa a new vent a1 the honl gable. (Spec. No 8. 111 ~ ~ ~c+ ~ , I xlaW W okrs o the owner: [l!oos!!!9. Pane a1 bare rnd newly rtlstaeed lumber aM masortry. (Spec. No. t 7) 0. EXTERIOR FINISH- Prep and paaa erare eaerior NAT! premun i I / ~ ~ j hnlwoc ( I ENTRY DOORS. lnstap pre-Mmg door uMS at the front and si0e nes. Include hardware, fir!ishes. and storm doors. (Spec. No. 23) ELECTRICAL: Upgrade panel to 200 arras. Instal GFI rettptades the Idtchen counter arW n the bathroom. hlstay a juAiion boa kl Itle ng room to supply Ille [eavg tin. Rewfe and irtshy emtig doorbel. leNc cirnlyry n lot[nen and rear betroom. (Brae[. No. 27) PLUMBING: Replace the kASirerl hutxt and Wrap. Repla[e laoom Wrap. IrMaY washer dnir7standpge and WiSrIU s+tPGN. xee. No. 28) KfitliEN fINISH: Patch Being and seals. fnstal atapoartately Te reet of tpper cabatetry and rtarc linear fed d bNer eabylelry couaertop. Pair[ wah and trm to a serti-gbss fi~sfi. Spec No. 7 7. 22. 37 ) i. BATHROOM FINISH: Path ways and patra to a serty-0bss finish. rtstal passage door bck. (Spec. No. 17, 22) 0. FULLLWAY~ Paten hole rreateo by heater fire. Irrstay aaeys ialch to attic. lSpec. No 22) t MASTER BEDROOM Instan new syd!!!9 cJOSN Doors orb (uksA matcn enshry componems rSOec No t 7 23) ? it:~Uir' i IGN vs,nz, :. e!t4 space wan D,Own-m fQ<r g,asy m a nrtq of R-30 lScec Nn 'fii TOT (CONTRACTOR OR BIDDER SK3NATVRE) (DATE) ~n St'w~7~ 3z3~ 3Z~S ~~ ~ 3 to ~~ ~} -f~"~y ~~ ,~ STAFF REPORT AGENDA ITEM Award cf CDBG Housm4 Rei;ah Sid SUBMITTED BY: Sec; ge U11c"ey I!. Ccmmun;ty Deve!crment ~irecfc! ~: ~- `/,~_ DATE: July 15 1 S96 BACKGROUND: This rehabilitation bid was received during me first set of CDBG rehab bids early mis monm, however me bid. including an altemate. exceeded me 520.000 per home cap imposed by me CDBG program. The City staff and the DCDC met with me contractor to attempt to reduce me cost. The staff and me DCDC determined mat due to a medical disability, me owner should be provided me altemate (air conditioning) and mat minor reductions could be made ;n me remaining scope of work to reduce me overall costs to me 520,000 cap The front and rear door replacement and me bedroom closets were eliminated and me kitchen repairs will be reduced by 5685 to total S2.330 of reduction. The contractor agreed wim our proposals. RECOMMENDATION Staff recommends me award of me modified bid in me amount of 520.000 to Alexander Balfe, Inc. ATTACHMENTS: 1) Bid form for 1909 Meaty Street REVIEVt'ED BY CITY r.9ANAGER: r AGENDA IT hS NO -I C City of Atlantic Beach Tentative Budget Calendar Fiscal Year 1996-1997 Date Reouired Action Responsibi/itY 23-April to Department Heads -Prepare Budget On-Line. Depart. Heads 10-June-96 10-Jun-96 Department Heads submit budgets online to Depart. Heads City Manager. Jun/July 96 City Manager and Finance Director review budgets Depart. Heads & online. City Manager meets with Department Heads. City Manager 1-Jul-96 Receive Certificate of Taxable Value -Prop. Appraiser Prop. Appraiser 22-Jul-96 City Commission adopts proposed millage rate and City Commission sets date and place for public hearing to consider proposed millage rate and tentative budget. This information must be provided to the Property Appraiser within 35 days of Certification of Value (July 1, 19961. Property Appraiser prepares tax notices which must be mailed within 55 days of certification of value. The public hearing on the tentative budget and proposed millage must be held within 80 days but not earlier than 65 days of the date of certification of value. F.S. 200.065 1-Jul-95 Department of Revenue provides estimates of Dept. of Revenue State Revenue Allocations. 1-Jul-96 to Proposed Budget prepared for submission to City City Mgr. & 7-Aug-96 Commission. Finance Director 12-Aug-96 Proposed budget submitted to City Commission. City Mgmt. & Finance Director 27-Aug-96 City Commission workshops to review budget. City Commission 4- Sep-96 City Mgmt/ Staff 6-Sep-96 Publish Public Hearing in newspaper. Finance Director 9-Sep-96 Public Hearing to adopt tentative millage rate City Commission and tentative budget 20-Sep-96 Publish TRIM notice in newspaper. Finance Director 23-Sep-96 City Commission final hearing & approval of Budget City Commission and Millage. i CERTIFICATION OF TAXABLE VALUE d~.p SECTION I 1996 A„~ - -_______ Year DUVAL__ County To CITY OF ATLANTIC BEACB (USD3) - _. Mrw,NTWa,WawrnYl 489,280,624 (1) Current Vear Taxable Value of Real Property la Operatlnp Purposes S (2) Current Vear Taxable Value of Personal Property for Operating Purposes : 16, 440, 661 (3) Current Vear Taxable Vawe of Cenbally Assesse0 Property 10r Operating Purposes S -0' (a) Current Year Gross Taxable value Ia Operating Purposes (1). (2). (3) S 505, 721 , 285 (5) Current Vear Net New Taxable Value (New Construction . At70itl0ns • Rehabilitative S 10, 814 , 952 Improvemenla Increasing Assessed Vawe 8y At Least 100%. Annexations -Deletions) 494, 906 , 333 (6) Current Vear Adjusted Taxablq Value (a) - (5) 5 (~ Prior Year Final Gross Taxable Value S 478, 654, 811 (From Prior Year Applicable Form DR-403 Series) I tlo hereby cerGly the values shown herein to be correct to the best of my knowledge and Deliel. Witness my hand and official signature at_ Jacksonville ,Florida, this the •' 1~ th day~ot June , tg 96 TAXING AUTHORITY: II this portion of the term IS nd completed in FULL your Authority will be denied TRIM certification and Dossibly lose its millape levy privilege for the tax year. 11 any line is inapplicable, enter N/A or -0-. SECTION II (&) Pnor Vear Operating Mdlage Levy S_ per 51,000 (5) Pnoi Ygar AU Valorem ProCeWS (7) x (8) s (tOr Curren '/ear HolleO-Back Rale (9)-(6) S per 51,000 (:t) Curren)VearRoposedOperatingMdlageRate E perS7,000 (12) Check one (t) IVPE of Taxing Aulhonty: - ,County I Munic,palitY r_~IndapsndeN ~-~Drrpandml ~ ~MUniciptrl 5inic~~ ] - Multi-Cwmy _ Spenal Dignct Spacul Dignct TUinp Unit (.3) IF DEPENUEN 1 SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (tor) Current Year Mdlage Levy for VOTED DEBT SERVICE_ E per 57,000 (t5) Current Vear OTHER VOTED MILIAGE E per 51.000 ~ -DEPENDENT SPECIAL DIST_RIC_TS SKIP lines (18) through (22) (16) Enter Total Prior Ygar Ad Valorem Proceeds of ALL DEPENDENT Special Districts S d MSl tJ'S Igvy:ng a mdlage. (The sum of Line (g) from each DistricCS Form DR-420) (t 7) Total Pn of tba~ YruCbgds: (9) • (76) t (t8) The Cunem Ymr Ayyreyatq Rolled-back Rale: (1n+(6) S per 51,000 (ty) Cwrenl Veal Aygieyetq HUlled-back Taxes: (4)x(18) S (20) Enter I oral ul all nun-voted Ad Valorem Taxes proposetl 10 be levied Dy the Principal S Taxing Autnooty. a.: Dependent Districts, 8 MSTU's it any. Line (i 1) x Linq (4) (1tr Cw~entYearPiOpustx7AggregateMJlageRate: (20)+(a) S perS!,000 (2:r Curroo; ; uer Yi o, soy Nate as a PERCENT CHANGE of Rolled-back Rate: qb ((L.:re ~ t - e :c) t 001 x 700 ~ Dale. T~rna aU~~ i iu~ a ul !'re hest PuUhc ETutlgel Hedring: I do hereby certify the n7~uages and rates shown herein to be correct to the best o1 my knowledge an0 belief, FURTHER, t carUly Inat all mdlages cumpiy with the provisions of Section 200.071 or 200.087, F.S. WITNESS my hand antl ollicial mgnature at ,Florida, (his the day UI , 19_. Sp~aiurr a~0 1n4 0~ C.~r~ xaT~nru„ne Ur!c•• Aearwa Or P.nral Loulan MM~nr I.aC. r,r____ __ IYnO OI fAr,lan Yal,p1 G+y 19 Pnan~,1„.Ma, fY NurMar SEE INSTRUCTIONS ON REVERSE SIDE CITY OF 1~tladlc b"eaels - ~letcila ,~ Ll JY~ww MEMORANDUM Date: July 15, 1996 To: Jim Jarboe, City Manager Mayor and City Commission From: Ann Meuse, Finance Director 800 tiE\11NOLE R(HU .\'rLA]'TIC BEI['FI, FWRIDA 32231-SiiS TF:I.FPtta!iE 1901) 21)-5800 FAx 19011 2i7-5805 Subject: Setting the Proposed Millage Rate and Tentative Budget Hearing Date As required by the TRIM section of Florida Statute 200.065, the City must report the proposed millage and the date for the public hearing on the tentative budget to the Property Appraiser's office within 35 days of receipt of Certification of Taxable Value (June 19, 1995). The Property Appraiser includes the proposed millage and the date of the public hearings on tax notices sent to property owners in August. Attached is a copy of the Certification of Taxable Value and a tentative budget calendar. The millage last year was 2.9221. The proposed millage for 1996/1597 and the dates far the public hearings on the budget art as follows. Proposed Millage: 2.S2^^<1 Tentative Budget Healing: September 9, 1996 Final Budget Hearing: Seotember 23, 1996 The above dates are tentative and may need to be changed depending on the dates set by the Schaol Board and the Ci[y of Jacksonville. To comply with the TRIM requirements, I am requesting that the City Commission set the proposed millage end the date foi Ute puL-lic hearing on the tentative budget at the Cornrnission meeting fJlonday. July 22, 19y6. Please call me if you have any cnntlicts with these dates.. have scheduled the budget hearings for the regu~arly scheduled Commission meetings. ~D D. For the purpose of any and all communications delivered between the parties with reference to this agreement, the respcctive address shall be: Ac fn F9](YI'• Florida Departmatt of Transportation District Two 1901 South Marine Street Post Office Boz 1089 Lake City, Florida 3205ti-1089 ATTENTION: District Maintenance Engineer. Ae to thr ('i7'Y• City of Atlantic Beach, Florida 1200 Sandpiper Lane Atlantic Beach, Florida 32233-4381 ATTENTION: Bob Kosoy. IIY VV11TdESS WHEREOF, the parties hereto Have causod this agreement to be executed and to be effective on the day and year first above written. CITY OF ATLANTIC BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Printed Name Printed Name (SEAL) (SEAL) D. FDpT shall participate in the CTTY's stormwata system source identification, and stormwata permitting and enforcement program pursuant to mutually agreeable terms determined by FDOT and the CITY. III. FDOT may enter into a Joint Participation Agreement to have the City perform some of FDOT work under the National Pollutant Discharge Elimination System. This work irtdudes, but is not limited to, investigations, cotrectivraaions to existing stormwata structures (Le. retentiorJdCimtion atormwater management systems, culverts, drainage ditdtes), and Iuutine monitoring and sampling activities. rv. Gena~al Provisions: A. This agrear~t shall be oottstrt~ed and interpreted according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to ibis agteentatt, the Prevailing Party shall be entitled to recover from the other, reasonable trial and appellate attorneys' fees, paralegal fees and onats of trial and appeals as autlorized by law. B. This agreartart may be laminated by dtba party at any time upon 30 days notice. C. Tbis agreerrtettt contains the entire tntdersmt-diog between the CITY and FDOT. No modifications of the agreement will be binding on dtha party unless made in writing and signed by persons authorized to sign the original agreement. CTTY's May 13, 1993, application for a stormwater disdiarge perndt) that interconnect with any FDOT stormwater system. B. The CITY will source identify and charaderisti$i°its stormwater as defined in Chapters 1 and 4 of the Part 2 Application. C. The CITY will develop and maintain Permitting Procedures, guidelines and program, as defined in Chapters 1 and 4 of the Part 2 Application for the CTTY's stormwater system. D. For all interconnected stormwater systems, the CITY will share information with FDOT and coordinate its enforcemer-t, source identification, discharge characteriation, management program and Permitting Program with FDOT. II. Dulles and Obligations of FDOT: A. FDOT shall maintain a permitting program ootxauzent with the CTTY's parnittiu~g program for connections and modi5catons to FDOT's stormwater management system that connects ro the CTTY's stormwattt system. B. Por all interwrtnected stormwater systems, FDOT will shave inform~atioa with and coordinate with the CITY regarding modifications and additions to FDOT's sWnmwater system, and any illegal discharges or connections discovered by FDl7I' to FDOT's stormwater system. C. FDOT shall prosecute to the extent permitted by law any illegal discharges or connections to FDt7I"s stormwatet system. 2 INTERAGENCY AGREEMENT This agreement is made and entered into this day of , 199_, by and between the CTI'Y OF ATLANTIC BFACH, FLORIDA, a !oral government, (hereinafter the 'CITY"), and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT II, (hereirtatier'I~'D07', under Subsection 163.01(4) and (5)(r), Florida Statutes, the Florida Interlocal Cooperation Ad of 1969. WITNESSEl'fI That for and in consideration of the mutual covenants, teams and conditions contained herein, and for other good and valuable consideration, the receipt of which is hereby accepted, the parties hereto, each intending to be legally bound, do hereby agree as follows: IlVTRODUCTION The U.S. Environmental Protection Agency (USEPA) has deta~mined CITY and FDOT are required to apply for permits for stotmwater discharges emanating from their respective properties or within their boundaries pursuant to the National Pollution Discharge Elimination System, 33 U.S.C. Subsa,~tiaa 1251, et seq., and 40 C.F.R. 122. The USEPA has also required FDOT and the CITY to enter into an agreement which determines their respective obligations under these federal regulations concerning interconnected stotmwater systems. 'Ibis agreement is intended to satisfy that requirement. I. Duties and Obligations of the CTI'P: A. The CITY will investigate and prosecute illegal discharges and connections to the CTTY's stormwater system (as defined in Chapters 1 and 4 of the CITY OF ATLANTIC BEACH CITY COMMLSSION MEETING STAFF REPORT AGENDA ITEM: FDOT IIJTERAGENCY AGREEIvlEN'T SUBMTII'ED BY: Robert S. Kosoy/Director of Public Works ~~,{~ DATE: July 18, 1996 In 1993 we tcaosmittcd Parts 1 and 2 of our National Pollution Discharge Elimination System (NPDES) permit application to the U. S. Environmental Protection Agency. The City of Atlantic Beach and the Florida Dept. Of Transportation (I~DOT) proposed in 1993 in a mooting betaKen Mr. Terry Zinn, Esquire, FDOT's Attorney, and our City Attorney to enter into m Agreement which determines their respective obligations c~mxrning interoonneGOd stormwater systems. This Agreement is intendcd to satisfy those obligations. As stated in Item III, FDOT ley enter into a Joint Participation Agtoemwt to have the City perform some FDOT work. The Joint Participation Agreement would provide the City funds from the FDOT to maintain and monitor intercomected stotmwater systems. This Interagency Agreemem establishes the duties and obligations of the City of Atlantic Beach and Florida Department of Traffiporiation corceaning imeroomected stormwater systems This same agteemert had been reviewed try the city Attorney in 1993, signod by rhea Mayor William Gulliford; but ttcver executed because no copies exist signed by ~ parties. RECOMMENDATION: Have the agreement ezetated by sipatm-e from Mayor Fletcher with the provision that the City of Athufk Beach arot commit any fandiog for maittahtitrg or modtorbg of FDOT oatfslls, ezcept throagh approved Joint Partidpatba Agreement ATTACH11fENTS: Interagency Aeeta) REVIEWED BY CITY MANAGER: AGENDA ITEM NO. 7 C 23-17 ATLANTIC BEACH CODE of insufficient planting area, the applicant shell provide a monetary contribution to the tree replacement account. The amount of such contribution shall be determined as follows: For every two (2) caliper inches, or fraction thereof, of replacement trees which would otherwise be required, the contribution shall be equal to the retail value of a planted two-inch Caliper nursery-grown shade tree. 'fhe retail value shall be calculated by taking the average of the median current wholesale price, published by North Florida nurseries, Cor a container grown, and a balled and burlapped two-inch caliper laurel oak, multiplied by two (2). The retail value shall be recalculated and adjusted annually on October 1. (f) ?Yee protection during development. All protected trees, preserved understory vegeta- tion, and trees retained for tree credit, pursuant to subsection (e), shall be protected from injury during any land clearing or construction in the following manner: (1) Prior to any land-clearing operations, tree limbs which interfere with construction shall be removed and temporary bamers shall be installed around all trees and other underatory vegetation to remain within the limits of land clearing or constrrction and shall remain until the completion of fhe work. The temporary barrier shall be at least three (3) feet high, shall be placed at least siz (6) feet away from the base of any tree, shall include at least fifty (50) percent of the area under the dripline of any protected tree or trees retained for tree credit pursuant to subsection (e), and the barrier shall consist of either a wood fence with two-by-four posts placed a marimum of eight (8) feet apart, with a two-by-four minimum top rail, or a temporary wire mesh fence, or other similar barrier which will limit access to the protected area. Tree protecti~ shall comply with the guidelines in the Tree Protection Guide for Builders and Developers by the Florida Division of Forestry and any other reasonable requim ments deemed appropriate by the director to implement this part. (2) No materials, trailers, equipment or chemicals shall be stoned, operated, dumped, buried or burned within the protected areas. No attachment, wires (other than protective guy wires), signs or permits shag be attached to a protected tree. When removing branches from protected trees to clear for construction or ptvning fo restore the natural shape of the entve tree, the guidelines in the National Arborist Association Pruning Standards for Shade Trees and the American National Stan- dards for Tree Care Operations (ANSI MZ133.1) shall be followed. Protected trees shall be pruned to remove dead or damaged limbs and to restore this natural shape, and fertilized as nteessary to compensate for any loss of roots and to stimulate root growth. Any dama~c to tune crowns or rout systems shall be repa~rrd imm,•diatelr after damage occurs. (gl Enforcement; uivlat+ons and penalties; slopping work, correction of uiolat:an; assess- ment and reencery of u~~il penalties. (1) Notice of violations. Whenever the director has evidence that a violation of any provision of this subpart Isectionl has been or is being committed, he shall issue a written notice or order upon the violator by personal service, certified mail, or by Supp No ~~ 1358 \T_GE'I~TIi1X : 'l3 17 121 Protected trees identified for removal on the site clearing or leer rrmo~~al permit application shall be replaced Kith new planted trees, unprot.•cted trc~s or trwtr planted trees. Protected oaks remo~•ed shall br replaced only with oaks Thr total caliper inches of replacement trees shall equal one•half 14z) the total capper inches of protected trees removed, unless othen~ise approved by the tree cvnserva[ion [ward. if multi-[ranked trees are used as replacement trees, then the total caliper of the four (4) lazgest [nutks shall equal the replacement caliper New palms may be used onh• to replace protected palms removed- No replamment will be required for protected trees which are determined by the city to be dead or deteriorated as a result of age. insects, disease, storm, fire, lightening or other ~tts of nature. a. New replacement trees shall be a minimum of Florida Number Onr defined N the most current edition of the Grades and Standards (or Ntrraery Plants, Parts I and II, published by the Florida Department of Agriculture and Consumer Sen~ces. 11~ees shall be a spedes having an average nature crown spread of no less than thirty (30) feet in Northeast Florida. pees shall have a minimum two-inch caliper and a minimtrm of ten (10) feet in overall height. b. Frieling trees, three-inch caliper or greater, which are not protected trees or transplanted, may be utilized to satisfy tree replacement requirements, subject to the oonditiona stated in this subsection. c. New, preserved nonprotected, or transplanted oaks used as replacement for removed protected oaks shall be fourinch caliper or greater. d. Fzisting protected trees which would otherwise be removed from the Bite becsuse of development may be utilized to satisfy tree replacement requirements if transplanted to a location on the site which meets the requiremenUt of this subsection. e. If protected tree removal is associated with new development, the name, eiu and location of all replacement trees shall be shown on the required landscape plan and such trees shall be installed prior to the final building inspection and issuance of the CO. Otherwise, the name, size and location of the required replacement trees shall be shown on the site plan required for site clearing or tree removal and such trees shall be installed within the time limit Mated on the Bite clearing or tree removal permit. f Fsisting ronprotecled treys, transplanted trees and new trees used fur rrplare- men[ become protected feces. t: Replacement trcK•s sh:dl br maintained by watering and t;uar:uctceuclt the tn~r Iar one 111 vrar Failure to maintain the trees shall be d~•emcKl a viulauon u( the zoning code. h A tree used for replacement shall be at least ten I l0) fcrl from any other tn~r planted, transplanted or preserved. i If the applicant demonstrates to the satisfaction of the director that the site cannot accommodate the total number of required replacement trees as a result s,,:.r ~:~ tc 1357 Rich Bell brought, up Lhat if the proposed location for boat storage was moved elsewhere on the property, a considerable number of trees would not be removed, Lhus reducing the ob- ligation of Lhe applicant for replacement trees. In addition, a portion of Lhis area is wetlands reyuiring state permits. IL was suggested, and agreed to by the applicant, that the plans would be t•esubmitted at t}re next regular meeting, at which Lime the calculations for all trees required by ordi- nance would be furnished. If Lhe applicant still feels that relief should be considered for the replacement tree require- ments, a letter outlining the hardship and/or reason(s) for reyuestirrg relief can be presented to the Board for consid- eration aL the meeting. George Worley advised the status of the tree planting at Sa- turiba. The City attorney and the attorney representing Tif- fany by Llre Sea worked out an agreement calling for Tiffany to replace the 5 dead oak trees with the stipulation that the maintenance of the trees would be the responsibility of the City. As a result, Lhe incident will not be heard by the Code Etrforcement Board at the July 2 meeting. George will obtain a copy of the Stipulation of Agreement. Hope reported that she had spoken with Jim Jarboe on the sub- ject of tree removal permit enforcement and he did not think Llrat a separate fee sFrould be accessed for a permit to offset inspection costs. He will further discuss enforcement and in- spections with Don Ford. Hope will follow-up. Mae Jones made a motion to approve the minutes of the last meeting, as read. The motion was seconded by Judy Jacabsan and passed unanimously. There was no further business and the meeting was adjourned aL 9:35 PM. Richard Beaver Secretary - 3 - After describing Lhe landscaping design, Mr. King explained the tree mitigation planned 1•or Lhe proposed tree removal in Phase I of Lhe project. A total of 1.18" DBfI of oaks 112 L[•ees) are Lo be rwnoved; as mitigation, a LoLal of fi5" UBH will be replanted with oaks 113 Lt•ees) and 2 other oaks, each with a 6" UBH, will be pre- served on site. The total mitigation is 77" DBH of oaks. AddiCionally, Mr. King proposed removal of 976" llBH of other trees, 90 % of which he estimated as pines. The applicant's plan includes only those pines with a DBH of over 15". As mitigation, the proposal includes replacement of 28 River Birch trees, each with a 1'L" DBH, for a total of 336" DBH. Also, 156" DBII of wax myrtles will bg_ replanted on site. The total replacement, not including Lhe oaks described above, will be 492" UBIi. Mae Jones asked about the watering source for the river birch trees, advising ttrat in checking with the Urban Forester, she was told they require a great deal of water. l1r. King stated that a watering source would be available either by sprinkler or by watering bibs. Rich Be71 questioned the removal of the trees in the southeast corner of the property since there did not appear to be any proposed construction planned for that area. The applicant advised that a portion of this sec- tion was Lo be filled in and utilized for boat storage. Both Judy Jacobson and Hope Van Nortwick questioned whether any Lrees were proposed for removal in anticipation of future construction. Mr. King verified that only those trees neces- sary for Plrase I expansion were included on the plans. hope Van Nortwick, as well as other Board members, expressed appreciation for the efforts taken by the applicant in the design and presentation of their plan, including the marking of Ltre trees on site. Judy Jacobson asked if figures were available which would include all of the pines with a 10" DBH or greater, as re- quired by the ordinance for commercial/industrial property. She was Lold that there would be almost twice as many DBH inches as calculated in their proposal. Discussion followed by the. Buard as Lo Lhe setting of a precedent if the appli- cation was approved in its present form, deviating from or- dinance reyuiremenLs. Mr. King stressed LhaL the replacement trees li. e. river birch) prof>osed would enhance Lhe property and LhaL a financial burden would be placed upon the appli- plicanL if uo relief was given for ordinance replacement re- yuiremcnLs. He also stai.ed LhaC he feiL that Lhe intent of Lhe ordinance was met with Lhe proposed replanting plan. - 2 - 'I'RE F. CONSEHVA'I'ION BOARU Minutes of July 1, 1996 The Board held its regular meeting on Monday, July ], in the Cily Commission Chambers. present were: Hope Van Nortwick, Chairman Mae Jones Judy Jacobson Hick Bell Staff: George Wot•]ey, llesignee Carl Walker, Coordinator The meeting was called to ordet• by Chairman Hope Van Nortwick aL 7:35 pM. first item of business was review of the tree removal ap- plication for property described as l,ot # 4, Block # 4, A.B. Parkway. Peggy Cornelius, contractor, was present. There was discussion regarding the oak tree clusters proposed for re- moval and it was agreed by the Board and Ms. Cornelius that the oaks were multi-trunked and must be measured accordingly. IL was calculated Lhat a total of 81" DBH of oaks were to be removed. 'The proposal called for several palm trees, on site, to be used as mitigation for the oaks proposed for removal. Hope explained Lhat the ordinance specifically requires that only oak trees may be used for mitigation for oaks to be removed. The Itorneowner, Warren Mack, staled that he was allergic to oaks and could not. consider replanting them on the lot. He and Ms. Cornelius suggested that other hardwood trees could be substituted for oaks, under the circumstances. The Board explained the requirement for replacement of oaks only by oaks and Lhe reason for Lhis stipulation. Hick Bell made a motion to allow removal of the 81" DBH of oaks, to be replaced by 40 1/2" DBIi of oaks, with the method of mitigation Lo be determined by the applicant by the next regular Board meeting. Judy Jacobson seconded and the motion carried unanimously. Craig Austin, engineer for Sandar Industries, Inc., intro- duced himself t.o the Board for the re~~iew of Lhe application f•or huiJding expansion on commercial property at 1545 Main Sl.reel.. Ile explained that Lhe growth of the company created a uc~ed t.o expand their facilities. A color rendering of the intended expansion on Lhe property was presented. Mr. Austin introduced .7im King, landscape architect, who elaborated on details of Lhe master plan to include additional structures, parking areas, driveways, storage areas, and retention ponds. TO THE MAYOR & CITY COMMISSION: My wife and I are delighted to be building a new home in Atlantic Beach on East Coast Drive between 12th and 13th Street. Peggy Cornelius is our builder. A common goal we share is to enhance the property and the area in an effort to further the charm and beauty of Atlantic Beach. We have been before the trce board twice on a matter involving trce mitigation. As it stands raw there is an enormous oak trce on otu property which needs to come down to allow the construction of our home. The trce board has asked that we mitigate 40.5". The cost of doing this is 53300.00. We fcel this is an excessive amount of money to have to pay on property we own, especially for one tree. We also believe that there is a correct amount of trees to replace on this small lot to prevent the trees from being too close to one another and dying prematurely. What we are asking the city commission is to reduce the amount of trees to mitigate, thus keeping the lot balanced, the trees healthy and the cost reasonable. We are planning to make Atlantic Beach our home for many years to come and we will do everything we can to make it even more beautiful and attractive. Thank you for your consideration in the matter Sincerely, G~/ai±~. ~~ ~ Warren and Joy Mack STAFF REPORT AGENDA ITEM: Appeal of Tree Board decis~or, SUBMITTED BY: George Worley II, Community Development Director ~~ ll1Y DATE: Jufy 17, 1996 BACKGROUND: ,. On Juty 1, 1996 Mr. Mack applied to the Tree Conservation Board for permission to remove trees for the construction of a new home. At that meeting Mr. Mack proposed to remove 81 inches of oak trees from the lot and advised the Board that he was allergic to oak trees and could not replant them on the site. The Board advised Mr. Mack that he could pay into the Tree Replacement Fund in lieu of planting trees on~site. The Board approved the tree removals subject to mitigation as required by the ordinance which totaled 40.5 inches of replacements. The monetary donation for this amount would be $165.00 for each two inches of required replacement or a total of $3,300.00. Any replacement trees planted on-site would reduce this amount by $165 for each two inches planted. At fhe Jury 15, 1996 meeting of the Tree Conservation Board Mr. Mack appeared and requested a reduction in the mitigaton required by the ordinance, based upon his allergies and the cost of full mitigation to the Tree Replacement Fund. The Board heard Mr. Macks request and, atter some deliberation, determined that the full mitigation required by the ordinance should stand. Mr. Mack submitted a letter dated Juty 16, 1996 requesting to be placed on the first available City Commission Meeting agenda to appeal the Boards decision not to reduce the mitigation requirement. The minutes of the Juty 15, 1996 Tree Conservation Board meeting were not available at the time of submission of this staff report. ATTACHMENTS 1) Letter of Appeal 2) Minutes of Tree Board meeting of July, 1996 3) Section 23-17 (e)(2) a - I ~- ~ " , , ~. ; ~~ `~ REVIEWED BY CITY MANAGER: ~ ~ ~ I ', l AGENDA ITEM NO. CORRECTION THIS DOCUMENT HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY .~~. it--~~ ii ~ ii ~~~! IM ~MariM4P+YN iT~ w4~ ~UGUSr ~9! J' .JCI.`, -, . ' ~ td' MB.y $9.•SltP~ t; ;'t( -*M : ~'•'m.+~,m!\+". P,+?Y •,` t+A._•Hec\~_. t :t~P.YJrE IIbeF t7' t'iE ~OC'Si~iL~fL7' ~' F '4w 'l+^+F ~' N+9, ^`f`P~'S!C \~ \~^: \ i` \!t`:~f ~` Y. '$trrVVt l:' Rr'ir' 7` 3aR Fe~< f'AR 1'+f ~.~: A'ti ?l\'~af\` f'+f ti+Rti• Y`R. '+~ \Y•.'~ RM~r\ t, .~ IIse: 2'r.' .~J~ no' 2.•sta'L t+~err . ^ t'+f ~~ ''~ R+P`r rc~~• \~ \~;,~\ f~#, `x :VJr: 7dt rr['_ t'Irt _~ ~18.x'TG*C =J'4' t~' IMi .+' 1YM~F't t^FrR ~+-.~+M .'.Y N,`*N ar,/,~~iv~' 1+rE Ttt -':s~~-as s.bl~~ t; :-+tl~r1+,~^ f~ '~w~-A~ M f"r ry'~~++*r ~~++!,,a t~~E7r4^. 4: , KY;^rE"5 0` 'e:1fa;~"+ee*C~ .?eP !"+ ~'+PS`A1 .'l+'+?tN-, i+~ ~ a ~nM K+1 \1N, ~\t i`e~ ~ ~5~i ~J'~ f~A G~dC"? two P1..^+1e_ Of'217JRfti+• "A~W.`P'""F^:.+' A fi`hl~ .`t ~?.?~~+ ~+t~ R~~+\ rty~a~.Emc+rt 1TEe5 pta!fteC on-site w0uk7 r2+1cr``t+ thie A!MV rtt (y a 7 t<F fi`~ ~n,~~! MY+ h+~ ~~r! plarrtE~ At the July 15, 1996 meeting of the Tree CamRrVAN~Nt P~~ar,l Mr Mn,~~ gty~nrrn,l and requested a reduction In the mldgation requlrad by HrP ,adh+Anra ha~r+~/ rh~mr hiv allergrea and the cost of full mfigation to the Tras Replprampnf 1'un.l t ha P,.ni.1 hnr•, ~I Mr Macks request and, after some delibe!ratlon. AeternNnat Nral Nrr• Mdl mlNgnH~~rr required by the ordinance should stand. Mr. Mack submitted a letter dated July 16. 1998 ra,pipaNnq lu Hn Idn~ ail nn Nrh Nnt available City Commission Meeting agenda to appeal Nrn R~rwr~M ~1•~ hbm rrnl 1~~ induce the mitigation requirement. The minutes of Nra July 15. 1099 h•e C~nrra~rv:tla~u Board meeting were not available at the time of arbmtaolr,n ~,f Nrk dati rot~r,rl .iTTACrih1ENTS ~2~~1f ~~ ~i iL ~G 6-i Y V ~/ ``r ~ i ~ ~ ~ ~~ a ~~ °~ e~ ~~~ ~~~~ ~~ ~~ ; ~ ~ 1 ~ ~~ ~ ~i ~~X~~~ ~~$ ~~ ~ ~~ ~ ~~ ~~ ~~ ~ i~ ~r ~~ ~ ~ ~ ~~ ~~ ~! ~ ~~~~~~ ~~ tb~ ~~a~ ~~~~~~~ 8 ~ a Q~~ ~Y ~ ~- a ~aP j $ ~ ~ ~ ~ ~ p L 9 ~ g~ i ~ ~ $ ~ ~ ~~ ~ ~ a ~ ~ 1 8 ~~ ~~~~ ~~~~~ ~.sn~ 9 ~g 6 a ~ ~~ ~a~a~~~~~ ~~~~ ~ ~~~ < ~~~~ ~~ ~ ~ ~~ $X ~ ~ ~ ~ ~ ~ ~ R a. lC e _, see ~e ~e ~e,.,, ~ o ° ~ 3 ~ ~ F Q5 ~`1 Y 0 0 ~ ° S a` < aa• ~ ° ~ ~ ~ o tt a o H ~ m~ ab a€ - - - ~ r ,r ¢A r Minutes Page 7 NAME OF COMMAS. M S V Y V N uY , 2. Reports and/or requests from Ci(y omm"s ion rs i~ Attorney and City Clerk Commissioner Shaughnessy reported that the recent issue of Quality Cities, published by the Florida League of Cities contained pertinent articles dealing with issues coming before the Commission. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 8:10 P.M. Lyman T. Fletcher Mayor/Presiding Officer ATTEST: Maureen King, CMC City Clerk Minutes Mayor Fletcher stated that the city could not re-open negotiations because they had been waived at the impasse hearing. After some further discussion, and due to the seriousness of the allegations, City Manager Jarboe suggested that he meet with Mr. Raynor and Paul Fafeita, negotiator for the FOP, to see if they can come to terms on the contract. If no terms can be reached, then an impasse would be declared. The motion was withdrawn, and i[ was the consensus of the Commission to defer action on the ratification of the contract until the July 22, 1996 Commission Meeting. D. Award of contract to Viaple: Wdders for metal fabrication and wdding at water and sewer facilities pursuant to the specifications of Bid No. 9596-21 Motion: Award contract to Viaple: Wdders for met:! fabrication and wdding at water and sewer facilities pursuant to the specifications of Bid No. 9596-21. There was no discussion. The motion carried unanimously. $. ~tY Manager Report aad/or Correspondence: A. Report and related action relative to emergency repairs to the garage doors at the Public Safety Building City Manager ]arboe requested Commission authorisation to accept a low quote in the amount of $3,492 to repair the garage doors at the Public Safety Building. There was no discussion and the Commission concurred with the request. B. Status report on Capital Improvement Projects Discussion of the Capital Improvement Projects was deferred to the July 22, 1996 Commission Meeting. 1'.furricape Emery;epcy Plan: Due to the uncertainty of the path hurricane Bertha will take, City Manager Jarboe stated that he had aUeady met with staff concerning implementation of the city's Emergency Plan. NAME OF COMMkS. M S V Y V N MESERVE X X REED X X SNAUGHNESSY X FLETCHER X Minutes City of Jacksonville for renovations to the lifeguard building, which would allow the city to spend $40,000 for pressure cleaning and sealing City Hall, overlaying the parking lot, and carpeting the Commission Chambers and City Hall. It was further explained that with Commission approval, monies for these expenditures would have to be reallocated from the money borrowed from SunTrust. In reviewing the suggested capital improvements, Commissioner Shaughnessy questioned the age of City Hall and the benefit of sealing the wood. City Manager Jarboe stated that the building was approximately five and one-half years old. She then questioned if the city would have to seal the building every five and one-half years, and inquired whether the proposed sealing would be more cosmetic than protective. Commissioner Meserve stated that he believed in preventative maintenance and hoped the city would develop a long range maintenance plan. Mayor Fletcher concurred with Mr. Meserve. City Manager Jarboe stated that the city never had a long range preventative maintenance plan, but one would be included in this year's budget. Some further discussion ensued whether the city should pay the $40,000 back to SunTrust to save on interest or reallocate the funds for capital improvements at City Hall. Motion: Author¢e reallocation of 540,000 to provide funds for maintenance and improvements at City IIaIL There was no further discussion. The motion carried by a three to one vote with Commissioner Shaughnessy voting nay. C. Ratification of contract between the City of AWntic Beach and Fraternal Order of Police Motion: Ratify contract between the City of Atlantic Beach and the Fraternal Order of Police Vic Kaynor, Chairman of the Fraternal Order of Police Collective Bargaining Unit, appeared before the Commission and stated that the contras presented to the Commission did not include items in the letter of intent which was signed by the FOP and city representative June 27, 1996. He then related the differences and asked for a memorandum of understanding to include three articles and wages to be opened for the next year's negotiations. NAME OF COMMRS. M S V Y V N MESERVE X X REED X X ) SHAUGHNESSY I X FLETCHER X . i MESERVE % ~ REED I X ! ~, SHILGHSESSS' i FLETCHER ~ Minutes discuss the wording of Section 8 and the effective date of the ordinance. Because of the possibility of changing the wording of the ordinance, some discussion ensued concerning the legality of changing the wording of the ordinance with regard to public hearing requirements. City Attorney Jensen stated that as long as there were no substantive changes made tc the ordinance, the matter could be deferred. Commissioner Meserve then stated that he wished to withdraw his motion to adopt the ordinance and continue the public hearing. Motion: Withdraw original motion to pass Ordinance 40.96-19 defer discussion, and continue the public hearing st the nezt regularly scheduled council meeting. The motion carried unanimously. 7 New Business• A. Award of contract for rehabilitation of four owner-occupied residences pursuant to the specifications of Bid No. 9596-28 City Manager Jarboe reported only one bid had been received for the project, but indicated the contractor had done satisfactory work for the City in the past. Mr. larbce then called upon Community Development Director Worley for further explanation of the bid. Mr. Worley explained that the contractor had bid on four of the homes, with one being over the $X,000 limit. He further stated that he would work with the contractor to bring it to the $20,000 limit. Mr. Worley further stated that the $3,91 S bid on 370 Dudley Street was too high and asked that it be deleted, making the total contract price $45,965. 370 Dudley Street will be rebid. Motion: Award contract in the amount of $45,965 for rehabilitation of three owner-occupied residences pursuant to the specifications of Bid No. 9596-28. The contract price reflects the deletion of 370 Dudley Street. There was no discussion and the motion carried unanimously. B. Authorization for reallocation of monies to provide funds for maintenance and improvements at City Hall City Manager Jarboe stated that the city had been reimbursed $40,000 from the NAME OF COMMRS. M S V Y V N MESERVE REED X SHAUGHNESSY FLETCHER MESERVE X i REED X ' X ' SHAUGHNESSY X X ~ FLETCHER I X ~ Minutes Page 3 u y 99~- community service to the city. Former Mayor, William Gulliford, also commended Mrs. Gregg for her contributions during his term of office relating that although they often had differing opinions, he respected her for taking the interest of the city to heart. Mayor Fletcher also recognized retired City Clerk and former City Commissioner, Adelaide Tucker who was present in the audience. Vote on Annexation -September 3, 1996 Mayor Fletcher urged those present to remember to vote on September 3, 1996 for the annexation of the marshland adjacent to the present city limits which would extend the city's westerly boundary to the middle of the intercoastal waterway. It was reported that this would give the city land use control of various islands. The proposed annexation has already been approved by the legislature and Governor. ~ Action on Ordinances: A. Ordinance No. 40.96-19 Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE PUBLIC STREETS OF ATLANTIC BEACH FOR THE PURPOSES OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER, AND PROVIDING AN EFFECTIVE DATE . The Mayor presented Ordinance 95-96-67 in full, in writing and read the ordinance by title only. He then opened the floor for public discussion of the ordinance. No one spoke for or against the ordinance and the public hearing portion was closed. The floor was then opened for Commission discussion of the ordinance. Motion: Adopt Ordinance 40-96-19. There was no Commission discussion of the ordinance. City Manager Jarboe then related that a representative of BellSouth wished to meet with the city to NAM£ OF COMMAS. M S v Y v N ~MESERVE X REED SHAUGHNESSY X FLETCHER Minutes Page 2 NAME OF COMMAS. M S V Y V N uy , A. Recognition of Atlantic Beach Lifeguards City Manager Jarboe commended the lifeguards on the performance of their duties, including the level of expertise and service provided. Mayor Fletcher congratulated the corps on their prestigious first place finish in the June 20, 1996 Jacksonville Beach Invitational Lifeguard Tournament, which included a coveted victory over Daytona Beach's nationally respected wmpetition team. Other noteworthy achievements of the corps were also related. Mayor Fletcher thanked the corps for the service provided to the citizens of and visitors to Atlantic Beach. He then introduced Chip Drysdale, Lifeguard Captain, who in tum introduced the other members of the corps. UnflnlShed Bn$ines$: None. 4. Consent Agenda• A. Acknowledge receipt of Monthty Departmental Reports as follows: Building Department Code Enforcement Recreation Facilities Usage B. Public Works Projects Report The consent agenda items were received and acknowledged. ~ ~, Action on Resolutions: A. No. 96-26: Resolution of Esteem for Ruth Gregg Mayor Fletcher explained the reason for a Resolution of Esteem and noted that Ruth Gregg was a worthy recipient. ~ NESERVE X xi Motion: Adopt Resolution No. 96-26. ~ REED x' SHAUGHNESSY X X~ The resolution was read in its entirety and the motion carried unanimously. I FLETCHER Kj After the reading and adoption of Resolution 96-26, Mayor Fletcher presented the framed Resolution to Mrs. Gregg, and on behalf of the Commission and citizens of Atlantic Beach, thanked her for her many years of volumeerism and MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, JULY O8, 1996 PRESENT: Lyman Fletcher, Mayor John Meserve Tim Reed Suzanne Shaughnessy, Commissioners AND: Alan C. Jensen, City Attorney Maureen King, City Clerk James Jarboe, City Manager ABSENT: Steven Rosenbloom (Excused) The meeting was called to order. The invocation was followed by the Pledge of Allegiance to the Flag. L Anprove! of the minutes of the$pecisl Meetine held June 19 1996. Motion: Approve minutes of the Special Meeting held June 19, 1996. The motion carried unanimously. Aooroval of the minutes of the Impasse Meeting held June 19. 1~ Motion: Approve minutes of the Impasse Meeting Geld June 19, 1996. The motion tamed unanimously. Aooroval of the minutes of the Regular Meeting held June 24 1996. A1otion: Approve minutes of the regular meeting held June 24, 1996. The motion cartied unanimously. ~, RecoglEition of Visitors: ME OF COMMAS. M O T i O N S E C O N D y O T E D Y E S V O T E D N O MESERVE X X REED X X SHAUGHNESSY X FLETCHER X MESERVE X X REED X X SHAUGHNESSY X FLETCHER X MESERVE X X REED X . X StiAUGHNESSY X FLETCHER X r y ,;y , _ _ p 4 Q o ~~ m~a,o 6.E L~i~ aY .$u~:$F'b ~3'~S 1-9g~~e 97j~a ° ~ L x~ ., .a~ ~5s~3a 3 i e~d~ °~~oe'S3.°~s~a° -°' wi~sg'' s e 9Se~ e ~'° 9 ~°oio~' ~5vkk" ° E`S~a obi' ~~~rr_[[ 9~9 ae~ S9'~..~ ~q~~.9 0~0°~...~3ggft :i xamo~~r '~!S ~~~! ~-jj a.~~ ^~ oY'[ $d"ao _ Imo ~ ~~`; ! i9ou' .a`9jy ~.~ ~ ~~~,x~de $as3~ ou ~~e'~u r ~ ~jaB9~ °.~g~;~L i Q ~oaq ~~y ~~ m$c m~wOO.~'a~ ~mv 5s ~`~' g~a°~' ~ao°-~a- L''p~ i $$ 0'9~ pps$ utJmo•~~u~Y...u v$,° ~.+.o QS~gSS] >']03::`ej Q~>`dL Y+J G$'9 A:o~w$~E.S~~uEd°O°m~~5^o~$ 'sd~' ~~.1 ~.7 ~~e e7~ ~y ~ $g r . ~'~ sq.5 p.n'~a~3S~~o~~9$3$ ~pL*o ary~:'J~, p~$i,~,(9 39~c 3s a ~9~E . ~ ~ ~~~~Jii~°~~E ~a~~°Ea~~°~sLr~Fii ~~a(,~i ~;~y~ ~ ~fi~t~9~ ~o ah~ ~- Ba z d- .. ~ 2 3+ ~ ~'~ ~o+J4°go a~ g~§s~ ~e~g°~~EaT a °''s£~m~ is ~ ° 3 ~~ ~~aggs s~~~.~^5~:~5°as~°y6.~~~ =f~a~~g~~~ass,;~as.."32 ° ""aa egE ~jj~ ~~~"d~yS~sA~ssa~a~~~~~3a S+~ .R~~~$~r~~3sa8~~i~~i~« ~'"il r`. r ____ _ a 0 O a 3 ^ s R 7 Q' ~ L7 C°T, SG~M> m ~! G 4 w~o.q 3 ~~ C`CC 7 ~C $ L~~o~B $'e>~`83E~~a8m~2°.~$• 3~®3a ~.$°~aY 9=~ ~d~ ~°3..5'~ o ,r~o"5'CoG >>9.r~~~.$9~ 3° Q ~~5' r E~ ~~~ 3 ~° ag~~ °i ~ s c pm~ i '~~ s W~>.s'o ~8 } ~rj I ~ ~ M Q s ° ° ~ ~ ° 4 C'O ~ ~ ~ ~ w E i w ~ 5 m ~ ~ 9 ~ Y ~ ~ ~ d ~~ '~o ° >°>~5e ~~°3 .'~ ~i E3~w..° r i.~,,~o yYOmrra°a$°$ooy°~~$° ~-°~9 ~y°~Pi 6a33~ ~T' d~~3 'py 3 n G 9 9 ~qp 9 V~ Y~ ~ ~~ ~Ya~~~ P~/ ~i~O ~ p~ O~~ m m 0~~~~ °~ m9 ~ 1 O ~0 ~e~T~a~O v. aaC~io$ES.; ~`~'E~,~ ~3r~~~ 3~ ~~3]d {cfi~~ aY '7'..>s o°wo b~ ~ ~~p~,p°~ 9~p +~°r,B #RT~~~: p5Y¢~~ s`~~oa°~mig $~5 w~~59~~5°i ~~~~~$ ~~~~4 8 8E$g9~~7 ~~ ~~ a ~ ~ : $s;~~~OOa°F~o.'~$u~ ~ .54~ c°$o '~oA A~ 9 E~'~ I ~7$g.a° $~.~..'y ~'pSo~° a5r ~..'~~° i~~~5«~~~°~3i ~t~~#p.~ ~~3'~,y'6 0'S 5$°.~,g6Ow~Err°«'o ~.$e6~o v ~$E49 ~d' i'~ °° ~yxx'~m m$aq ~oi~.~sa 5raao,>>°rd.83v°O~ c °~~~g~se ~' ~~ Cr~o m1P~~ ~ .. ~ 5 a e E E o$~ a' a ~~ 3$ m w i g ~~ ~i CITY OF o'l~tfartle S'eaeCi - ~loaula July 18, 1996 Memorandum to: The Honorable Mayor and Members of the City Commission City of Atlantic Beach :\'fL:\\'I91' HEAI'l 1. FLt IK1 UA a'. laa~S;. ; TELF.PHUSt: .:i0-0i Yi7-SA(N1 F,tl ~wta~ u7-:;no5 Subject: Nominations for Presiding Officer City Commission meeting of Monday, July 22, 1996 City Commission Members: At the City Commission meeting to be held Monday, July 22, there will only be three Commissioners present. Both the Mayor and the Mayor Pro Tem will be out of town. Since no presiding officer will be present, Robert's Rules of Order (copy attached for your ready reference) require that the meeting is called to order by the City Clerk. After the meeting is called to order, the Clerk calls for nominations for a presiding officer. Nominations will be voted on by the Commission members present. After the vote the Clerk will turn the chair over to the member who is elected presiding officer. If you have any questions concerning this matter please feel free to call me. Respectfully submitted, J s Jt. Jarbce City i4fanager JRJ:tI ~ JUL-17-1770 1J•74 fM IKRCLL I.UIY~I l.U ' ' CHANGE DiStrwullon lO: ORDER OWNER c ARCIITECT ^ AIA DOCUMENT G701 CONTRACTOR O FIELD OTHER O PROI ECT: (name, address) TO of P.tlantic Beach 800 SeminolQ Road Atlantic Beach, FL 32233 r tY CHANGE ORDER NUMDER: Ty0 INITIATION DATE: 07-19-96 ARCHITECT'S PROTECT Np: CONTRACT FOR:pnblic Safety CONTRACT DATE: 04-04-96 You are directed to make the following changes in this Contract: Remove and replace roof ahizgies on North slope of existing apparatus buiiding. 7tl4 La[ .5414 N. bSidl . ( 1,840. ditior Not valid until signed by both the Owner and Ardsilect. Signature of the Contwceor indir~tcs lib agrtemenl herewith, including any a0luscmenc in the Concoct Sum ar Csmlrau Tl The original (Contract Sum) )was ........................... S 190, 219. 0 Net change by prlwious)y authorized Change Orders ............. . ---•-- -•-•--........ S 5,748. 0 The (Gortmct Sum) prior to this Change Order wu .......... f 195.967. 0 The (COnlracl Sum) will be (inueased) ~ by this Change Order ......................................................... S 1.840. 0 The new (Contract Sum) (Guaranteed~Mazimum Cost) including this Change Order will be ... S 197 , 807. 0 The Contract Time will be (il5creased) (deveased) (unchanged) by The Date of Substantial Completion a5 of the dale of this Change Order therefore Is Authorized: ARCHITECT CONTRACTOR Address Addreu gY gY DATE Address 0Y Days AIA DOCYME7+r GrRS CHANCE ORDER APRIL 5f7a EDITION NM O TAa THE AMERICAN INSTIME Of ARCHITECTS, 5135 NEW YORK AvF., H.W.. WASHINGTON. D.C. ' ~ G701-1171 70TF~ P.01 CITY OF ATLANTIC REACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Change Order to Replace Roof Shingles on North Slope of Public Safety Buiding SUBMITTED BY: Don C. Ford DATE: July 19, 1996 BACKGROUND: PiJBLIC SAFETY BUILDING ADDITION Cannot match existing shingles due to manufacturer does not make them any longer. If we do not replace them we will have mismatched shingles. AMOUNT $1,840.00 RECOMMENDATION: Approval ATTACHMENTS: Changer Order dated July 19. 1996 from Harrell Construction Co. REVIEWED BY CITY MANAGER: AGENDA ITEM NO. ~RA#T ~O~Y RESOLllT10N 96- 2 7 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA HONORING NICK VANUERWAL FOR HIS TWENTY-THREE YEARS OF SERVICE .AS AN OUTSTANDING POLICE OFFICER, LIEUTENANT AND DETECTIVE FOR THE CITY AND CITIZENS ATLANTIC BEACH. WHEREAS, Nick VanderWal served as a exemplary Police Officer for years with the City, and WHEREAS, He served as a Lieutenant for the City for years providing valuable leadership for those under his direction, and + WHEREAS, He served as a Detective souring hundreds of major and minor crimes during his years in that position, and WHEREAS, He served as Fire Arms Instructor for the Police Department, providing his many of his fellow officers with quality training, and WHEREAS, He wu selected Officer of the Year in 199 NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORH)A, AS FOLLOWS: SECTION 1. The City Commission and Citizens of Atlantic Beach extends their most heartfelt appreciation to Nick VanderWal for his may years of outstanding service protecting our Community. SECTION 2. The City Manager is authored on behalf of the City to give to Nick VanderWal the Badge and Gun he carried as a Detective as is the Law Enforcement tradition for outstanding service. Adopted by the City Commission of Atlantic Beacb this 22th day of July, 19% Lyman T. Fletcher, Mayor John S. Meserve, Commissioner Suzanne Shaughhnessy Timothy R. Reed, Commissioner Steveu M. Rosenbloom The Resolution will be in its final form for presentation on Monday, July 22, 1996 ~~ ADDENDUM TO AGEA'DA CITY OF ATLANTIC BEACH COMMISSION MEETING JULY 22, 1996 3. Unfinished Business: A. Rati&cation of Contract (pending approval by police before Monday night) between the City of Atlantic Beach and Fraternal Order of Police 5. Action on Resolutions: f' A. Resolution 96-27: A Resolution, and presentation of gun and badge, to Nick VanderWal, honoring him for twenty-three years of service (the original resolution will be in its final form for presentation Monday, July 22, 1996) 7. New Business: Change Order #1, Harrell Construction Company, replace roof shingles on north slope of Public Safety Building in the additive amount of 51,840.00 -.. .. lfany 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 proccedings, 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. Arty 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. ,~. In acoo[dance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing spedal accommodation to participate in this mating should contact the City Cleric. CITY OF ATLAN'T'IC BEACH COMMISSION MEETING -JULY 22, 1996 AGENDA Call to order Election for Presiding Officer Invocation and Pledge of Allegiance to the Flag Approval of the minutes of the Regular Commission meeting of July 8, 1996 2: Recognition of Visitors: ~• A. Performance by ABET Drama Summer Camp participants B. Recognition of Lt. Nick VanderWal on the occasion of his retirement 3. Unfinished Business: 4. Consent Agenda: A. Acknowledge receipt of Pubhc Works projects report 5. Action on Resolutions: 6. Action on Ordinances: 7. New Business: A. Appeal of Tree Conservation Board's refusal to reduce mitigation required by ordinance B. Preserttation of Main Street Program by Town Center and required action C. Authorize the Mayor to exewte contract with Department of Transportation for maintenance of stormwater outfalls D. Set tentative millage rate for FY 96-97 and approve tentative budget hearing date E. Award of contract for rehabilitation of one owner-0ccupied residence purstrant to the specifications of Bid No. 9596-28 F. Approve Engineering Services Proposal for Levy Road Improvements from Connelly and Wicker in the lump sum amount of $9,225 G Approve Dames and Moore, Inc. for Master Plan of Tresca Park H Approve Change Order #l, Nooney Construction Company improvements to Howell Park in the additive amount not to exceed 51.100 8 City Manager Reports and/or Correspondence: A Status report nn Capital Improvement Projects 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment ..... ..._.___ ......... ...._ ______,~~~_..__~____w__.___<~....__._.~_.a~._ k ...._ ADDENDUM TO AGENDA CITY OF ATLANTIC BEACfi COMMISSION MEETING JULY 22, 1996 3. Unfinished Business: A. RatiScation of Convect (pending approval by police before Monday night) betwoen the City of Atlantic Beach and Fraternal Order of Police 5: AMion on Resolutions: A Resohrtion 96-27: A ltesolutioq and presentation ofgun and badge to Nick VandaWal, honoring him for twenty-throe years of savior (the original resolution will be in its fatal forth for presentation Monday, July 22, 1996) 7. New Business: I. Change Order # t, Iiarrell Construction Company, replace roof shingles on north sbpe of Public Safety Building in the additive amou~u of 51,840.(x1 ahng budget but risks identifying the pro- gram too closely with the regime in power at a given moment. When the mayor who promoted the program leaves office, support often tends to dry up. In other places, the Main Street opera- tion comes to be seen as a rival to City Hall, competing with o(Scial pmg'ams for scarce resources and the credit that comes with downtown revival. Or it ran be mined by identifying too closek with one side or another m a factional power struggle. In Anadarko, Oklahoma, one of the state's original Main Street towns, the program lent ifs support a little too corwpicuously to the mayor in his battle with the local Chamber of Commerce. The chamber- backed candidate won, and immediately defunded the program. In EI Reno, the tvlain Street forces ran afoul of an influen- tial group of downtown property owners who persuaded the cih• council to oppose historic designation for Main Street prop- erties. As a result, EI Reno's comeback has lagged noticeably behind those iu other communities with fewer political divisioru. ignored Main Street now find that it is starting to come back without them. But even these governments ern huten the process considerably by doing a few serui- ble things. Tney can recsarrtine restrictive zoning laws that unpede the creation of a genuine mixed-use business district by dis- couraging the creation of residences or by imposing uruealistic parking requirements. 'They can promote downtown lotions for newly arriving businesses and help per- suade eldsting businesses stranded at fad- ingstrip nralk to relonte on Main Street. A lot of ford governments still don't understand that downtown development is economic development," says Alicia Goehring, the Wisconsin Ivfain Street coordinator. "'fhev see it as a frilly thing then can do when they get the other part done. They don't realize what an eco- nomic powerhouse the downtown can become." 0 You can count on Fitch for reliable analysts and analysis. Senior municipal bond professionals averaging 15 to 20 years of experience. Accura[e analysis tha[ holds up every time. And stable ratings, across every categon~ of revenue and tax-backed security. here the progr:un redlc works, as rt has in lluncan, ..°urcell and Ponca CiK, all the major players in Lora] life-tLe Chamber of C:om_nrrx, the banks. the newspaper. the yc'.anteer activists-somehow manage to submerge any rivalries and function as a unit. And they succeed in convincing local officials of something they can be slsc to rem~i'P- that no institution has a greater staler. in downtown revival than local goyemrnent In Stillwater, when Teubner and Asso- ciates grew' so Loge ihat it had to build its ovvn park-ing garage, the cih~ joined the company to build a new facility that will be a nriMrre of public and private. "-('he cih~ government here hasn't been afraid ro coves: m downtown ant ro oe a part- ner." says Mayor Tom' Miller. In many small communities, govern- ment is and will remain the single largest downtown property owner \tlhen once- vacant stores fill up again, sales tai receipts increase and painful revenue- raising problems become less painful. Recruiting industrial employers becomes easier "It doesn't matter how' many cars you have in the ~~'al-Mart parking lot.' one Oklahoma Commerce Department official likes to say. "If your downtown is a ghost town, no one wants to move there." One smallvony is that a numlxr of local governments that have focused on indus- trial recruitment in recent yeus and all but FITCH Ncw York London Chicago Dallu Tampa San Francisco Powell, W1' lihe ciochworh Despite difficult market conditions, our business is expanding.lssuers and institutional investors nationwide are using us more. We're hiring analysts and adding office space. Why? To meet the demand for Fitch's high qualify research, dependable ratings, and regulator}' expertise. if reliability matters [o you, call our Public Finance Group at (S00) 75-FITCH or (212) 908-0500. SETTING A NEW STANDARD " FOR RATING AGENCIES 11a~199F COV ERMING 27 ing duwntrna+. Tlr:u miles a t:mldizing question: \\•ill these smaller proprietors now alxndon Ure fading ship mall for a return to \lain Street, where the Ira(fic is gradu;dly incmachtg~ So far, it is 6:vd to :align nunilrers to any such movement. But Urere are esperts who insist it is Inppening. "\tmp• o(Urose little rehtilers are jumping back into dasn- towns that they left 15 years ago," says consultant Hilxq~ Creenlrerg. "\\'e advo- cafe that our towns recruit 6'om the ships,' decLues \':dicia Criatfulli, dlfeetor of Ure Illinois Main Street pivgrtm. "Sane new' businesses. out of igma:nm, locate in the strips whru they should br down- Irnwr." ht her opinion, more of drew busi- nesses are going m reach U,at conclusion on dre•ir rnvr in Ure nest few woos. \1"hat nradp even resising snr;rll town seems to have, besides rat aspiring new generation of merchants and a latent downtrnsn demand, is some sat of entre- preneur-someone srho envisioned a Main Street comeback a few rears r.Erly and started putting score of his oa•n money into it. ":u rcen- one of these piacr. There's a risk-trier. Sar\ Susie Qu::n d. •.vno directs the Oliahunra \l:rin Strzrt prognmr. 'There : sonrrlxxk •.vho steps out and sacs. This m;rv rant m:d:e sense. but 1'll do it an::vav."' Tel;..::::;, cot 1~50s snxdl-tosar enhr- preneur is a Main Street merchant him- self. a businessrr;m svho one d:rr noticed he seas doing more business Ulm he had esneNrd :urd bee:m luukir:g unto the prospect of acquiring more property around his Icx:niun. It doesnt t:d;e a Great deal of c:grit:d tbrse dad s to become a mowl un a small-tosrn Main Street reLo- rivet+~ gaickls~: In Dunc:m. a stand:ud hsn-stop' buihL n!s with a 3~-tout-v: idc cL^re~ont conirl ~tdt Ire h:ui Lot veer (ur less than S~i0.000. ;cod in the smaller towns, p~icrs were ryes losvrr. •lf vodre swilling to hue :deeaEl." cas's consultant >r rie liocde, "you c:m pr:¢'ticallc bare a I«al nrunoix+ly .. 'That ac:u how \1ick~~ \tancr felt when he I,e~m acrluirigC pmhern~ in downtown Purcell: it is also Ure srae I3ubhr RicharEl- san felt svhrn he• hrc:unr unr of Uie pia racers of \1:un Strcrt r«vsen~ in llunc:ur. .4 dniggist with thre'e' stores in the :uca, Richardwn noticed a (esr virus at;o that Ure Elowntam store, Ure one his LiUrcr bed opencYl on Main Street in 19-ifi, rr.ES fum- ing in an unrslxrtcxlly wlid pr~ionrumcc. Hr Ixmeht half ;+ dozen of Urr buildin_> :uvund it, :cod nrnr Rich:uclxm is not only I:mEllurd btu uwver in swhole ur in tzar of a nuni s shop. a scunirn•s buutiqur, a Hall- mv~k fi:urchisr and a Ixwtrr crtks store. `It wasn't a 6;vEl Elccision to make," he says. 'l\'c brad a void beer.'' eyond the forces of demogrgrhics :+nd entrepreneurship, however, there is one conunon presence in most rrcuvering towns, and that is the Main Strut Prugr:un. Lawrchrd br the Natiun:d That fur Historic R'rsen:diun as x drmonstratien project in 19iG, the pro~o:uu is nosy in more th:m 1,UW conr- nunities in 41 stars. Tsvenh~•five u( those connnunities are iu Okl:dronut. Kot all of deem are rousing successes. Tlxre:u'e >lain Street towns in the slue Urat h:ne just :~ m;urv bo;u~ded-up sture- fivnts :a they had svhrn dreg joined the program; there are others, such as the meticulously restored toscn of Guthrie, drat seem to h:n'e done w~rll enouJr ssiU:- out the p:v_r,im'. help. Still. it is Icusl nut h, nntiu That, at a time of ;;n roving wnall- tussn rrsis:d in Okl.:hum:+ and clu•svhcrc. it is the \lain Strn•t arnununitics that :ue reais ire: (istest. ~-1-he• \lain Street Pru- grant-- vn s Hilaic Cttridrrr;, `is aLnust a rehCiun Ibr vnnc u(Ihcsc Grans... \\'irat the \lahi Start pn,Cru^ raallc is is a snphistic:dcd national cunsulling olxratiun. II crcichE•s cvnunmritics iu Gnu distinct :alxrts of U+rir rccorrn' ure:mi- nuiun, prvuxrtiun, m:u~kreng shatr~ ~ and physical renrss:d. It shessn that :JI four are inyxrrhmt-:r eanrlsripr to restore old buildines Urat durm•t nrari:rt Urnu rr:dis- ticdly is a recipe fur disaplwintnrrnt. A promotional efiort that doesn't Irave a Ixmr:urrnt org:mizrtion of volunteers n place rarely hats lasting rBectt. The national Main Sheet Center in \\'asltingron, D.C., dues most of its cvnstilt- urg wort; with the 41 slrte propmus, +a•lricfi hr tom coruult wiUr Ute p:uticipati»g com- munities. Oklahoma has a Main Street once u: Ure state Commerce Drparhuent, with a sltff of siv people svlro sense as field adsisers to Ure prot.7;uns :d Ure local les•rl. The state headquarters gels a 5-100,000 armual appropriation firm dye legislature, but the loyal programs receive no state funding; Um• are firunced drroug4r a cone birution of city and pris^ate money. hr Dunc:m, the budget for the Main Street program is $10,000 a year, of which $40,000 comes from Ure cih trra- sun•. It is a higher proportion of cih~ funds than most places contribute, but it has nut c:msrEl any undue unrtruvrrsv w fu. ".•Ls lung :a the nn•rcb:urts :u'e putting in nnnicc," ;n~mcs \layur Phil L.rron:uxl, "Urr cih~ ought hr Ir able to help." Still, the rule oC local _urenuuE•ul in dusvn- tuscn rccival is ^ elclie:de and critical issue. in Duncm :a it is cs cn~rhrm. in sane unnnumities. tla• \L+in Strcct Pn,gruu is con dinatlr out ul an u16ce in Cih- H:dl. "IL:rt xn'cti nnnrty iu the ulxr- 26 GOVERNING E1a~1994 A ~u.a ~••. /~ l;utting the ribbon for a new business in Duncan, Oklahoma: Duncan 6aa gained popula[ion in the 1990s, more than erasing the lossea of the 198Gs. allowing regular customers to p:+y on an honor system, as some of the stores in Ponrn Cih• du; it may mean home delivery of prescrip- tions, as the pharmacies proside in Duncan to give them an edge on the \Va-M:ut Supercenter. \Vho see these smal-town merchants.' There are several clearly definable cate- gories. One is the "second location" pro- prietor, oken someone who succeeded at a shopping nudl in ilea 1980s and decided to try downtown in the 1990s, or who set up 2 sOri or d:+ughter with a new downtown business. There are start-at-home busi- nesses, such :u Ausella A1cQuain's \'ictorv Silks, whose owners simpW outgrew the garage. There are retirees and hobbyists who do not necessarily require a full breadwinner's satin. There are former corporate managers, downsized out of their jobs in big corporations and deter- mined never to be in that positior. again. The town of Woodward, Oklahoma (popu• lation L.3i0), which had no men's cleth- inC store lek in the eark 1990s, hss seen hvo nest ones open in the past yeas One of the proprietors is a retiree: ilea odrer is a l:+ido6m+yorate middle manager. One thing th2t ilea Alain Street resiva dues not seem to festure is aging veteran merchants making a comeback after a decade of losing ground to the malls and discounters. For the most part, the veter- ans have retired or simph' been forced out of business by errxled profit nvnrgins. 'The people most threatened by Wa-Mart are gone," says ]:ennedy Smith, who runs ilea Main Street Center in \Vuhinkton. D.C. 'There's a nesv generation of merchants who understand \Cal-Alsrt and have a sense o(hosv to compete wide it." For Ghe most par,, these proprietors are locals, oken children of older merchants or people who grew up and moved away, then returned in the I:cst fesv oars. But on just about even resising Alain Street in the counti-r, there is at leaf one business ossner scho c:une from a great disGurcr to set up shop there. In Purcell, Okl:rlroma, there is a new coffee house whose propri- etor arrived last year from Anchorage, Alaska. "I'm amazed at hose much nesv blood there is in the sm:Jlest communi- ties," says reG+il consultant Eric Hovde. `Oken it's people who just want to get out of the cih~. They smut a bunch of commu- nities :cod they pick one." lot all the ne+c businesses :urisin~ on A1:+in Street are re:fl enpnes of rcnnomic revival. pearly every small Oklahoma town has an °antique mall." basicalh~ a glo+ifietl Ora rrwket drat has taken residence in an old rrwsie dre:rter or depunnent store that nobody else wants to rent because it is tm I:uge. Antique mills do so little business that d+ey contribute sirtually nothing in s:Jes Goes, and d+ey generate yen little traffic on ilea soee[. Many Main Street advocates like to joke about the :mtque malls, referring to them and simihv lose-energy businesses "occupied varurcies." But even [hey concede that when an antique mat goes in to fill up a long-empty storefront, it is a sign that the street is mosing up again, not down. "It s one notch above being totally vat:ant." says Kemredv Smith. "It s a sign that the economy has bottomed out." harder question Bran who the mer- chants are on Main Street these days is where the demand is com- ing from. To a certain extent, towns the size of Duncan, Stillwater and Ponr+ Cih• are drawing customers from the tiny, boarded-up business districts of much smiler towns svi[hin a radius of 30 to 30 miles. As recently as a decade ago, some of these smaller communities still pos- sessed drug stores, groceries and clothing outlets. As these smallest places simply give up, the bigger market towns around them seem to be getting stronger. In some places, however, it is begintring to look:u if downtown is drs+ing business away from the older strip malls. \l'hile Duncan's Main Street is more than 90 percent rented, Clarity Creek A1all, butt in the 1970s or. the outskirts of town, stands nearly hxlf-emph~, victimized by the dep:vhire several years ago of its anchor tenant, Alontgomerv \1'ard..411 told N ,~nerica, shopping mall sacancies now amount to the eyoivalent of 3,000 entire medium-sized malls, and some esti- mates are that up to 20 percent of this sp:+ce will never be filled. Alan shopping hours nationally have been declining ste+dily since the 19SOs. As 1VaI-dart, }:mart and the other retaibng giants le:we strip m:Jls for indi- vidual big-box stores,thev "orphan" snr:+L'er businesses that lek dosrntossn for the mall in the 19SOs mainly to be near them. And these business are h-pically point; hvo or three times :w much rent for slsrce in a mo+ibund m:dl as dK-v would be pning (or a storefront in a rrpit0y rPVVer- The next most important thing about promises is how fast you keep them. ...VCR's you can program... wth LEX1S-hEXIS you have virruallc instant access m more than 2,500 full-tent newspapetz, magazines, news wires, and financial reports, plus company information, public records, legislatior:, and regulations - all on your desktop. That means cesponses lust about as fast as coo can uk the questions, w~nh euy, world-class trhnology. Call us at 800-985-S7G5, Responses m the speed of thought '~!/ LEXLS ~ NEXiS' ~~ r~. /1.. (~ F.... R I^f ...(~...~.....~. .~.w :. q+Y~iC~.WA1 T ~. fir. FI y •~~ were negligible competition a decade ago. But if technology is boarding up some plain Street sturrfronts, it is creat- ing rem:u~l::rCle neo~ uplxrr- tunities fur others. On plain Street in Stilhvater, Oklahoma, tucked in among the clothing and speci:dh~ stores, sits a nondescript red Crick building that used to lee the 6unre of a music store. Alwve the first-Door a•indoa~ is a sign in anodized aluminum letters that reads 'Teubner and Associates." To the ordi- n:u)~ p:aserl>c, it kwks Id:e the headquar- ters of a plwnbing supph~ company, or perhaps n building cunhactor. In fact, Teubner and Associates is a sofhvxre comlzmy doing business on four continents. There :ve 55 people working inside the building, most of them well- paid college graduates. The company is where it is Lermse the founder, vvho gree~ up in Tulsa and attended Oklahoma Side Universib~ in Stilla':der. vs:utted to live there. And in the ]9~s-unlike am~ precious time in American histm~-he vvaz technologically free to do it "I just dreieled ssr scould sGske our claim on the corner of 7th and plain in Stilhcater." Russell Teubner sags. Since Teubner does little business amwhere in OkLr- homa. it makes little diAerrnce to clients where he sets up shop. II is as exsc to communic:de vsidr Br:v~l from Stillwater ~itSs fibin Tulsa~r D:dl:a. Teubner and Assrx•iates is on its seat to becoming dre largest piiv:dr phrin Street employer in Stilhnder. It is avci:J to dre support of nearLr rest:mruNs, coffee houses and other snrnller establishments that make this plain Street one of the leaders in the state's 1990s small-losen comeback. High-tech sofhvare firms are not esacdy the sort of business that most lord governments em•ision leadinc the w•ay Lack tosc:vd a thrising >lain Street rnnr- nrerci:J life. For one thin,. most of deem contribute little trr lucid sales-kcs receipts. But if thr~ grow I:u^r,r ennueh, they c:m Ce enough of a presence W trigger a noticerLle resiv:d.'7t~s gain, to s:rce x lot of comnwnitirs.'~ says Dun Rprkema, a marketing consultant schu svurks scit6 sm:dl tosses. "IFyou t:m Liim[ 1.5J` w~rk- ers into :r dossntossn, cou'ee cut enough to suplwrt a ample of resGnn:ads, a ph:v- macr, nl.rs I>e a shoe store... Stilhcater is ant rsactk hpic:rl of small-base Gkl:dunna..4s home Case for Oklahoma State, it attracts residents who would not be there vvidrout the presence of the college. But ether communities of roughly Stilhvater's size are seeing :m influs of "lucrtiar neutr.J" businesses operated by propriewrs who, like Russell Teubner, simply opted for a sm:ell-tuvvn Main Street address. "Ifs going on in a lot of diH'erent places," says University of \V:>shington geographer \1'illiam Beyers. 'There's a siznLle cohort of people in the information economy who have specifi- ralk chosen to be in small towns." They do not have to be high-tech Lrui- nesses. On plain Street in Duncan, for evmtple, there B \'icton Silly [nc., a small comlxrny that mvrufactures raring silks for jockeys at tracks all over the country. Vic- ton~ Silks shvted in its founders garage, then out~revc the gamge and moved to phrin Stree4 schere i[ rnntributes not only to the storefront occupancq rate but to the ¢enerd feeling of resurgence. A ferv doors away, anodrer small company embroiders rrxlcu jackets in the L:rcl: and sells deem in the front of the store, az well az by raho- lowe :cod Cy computer. It is nose possible to buy vertiwn jerli~ on dre Internet From a store on M:rin Street in Montpelier, Ver- mont, or a full-dress Civil 1Var uniform bum a store in dusvntrnm Mern4 Arkansas. "One of the drawbacks of downtown vs,~5 a limited trule area." says retail mn- sulGnt Hilary Greenberg. "But if you rm use the Internet to buJd a market and get a direct-mail customer, you cm m:rl:e it. lbu can Le on a street with trees and pedrshi:ms, where you re:rlk stmt to be." ' n fact, most of dre businesses dwt are revisin, small-torn plain Streets in the 195`Bs are not offering amtlring neady :a esonc a Confederate Anne uniforms or venison jerki~. Titer are struggling to make a profit selling much more pros:uc mnr- maliirs, clothing or lunches or coffee, in wme cues comnetlng heu1-0n with rivals at nevby shopping malls. But their propri- etors seem cvmincrd that they cm do it, :cod quite a fesv of them are succeeding. They are not succeeding Ly beating \1":J-\lart when it comes to price. That is a sure spay for almost ant small Main Strut Cosiness to gu Lankrupt. \Vhat tlrev are doing is finding vsucs to attrrct sm:Jl-tosvv customers, Isodr old-time resi- drnb :cod nesv aniv:ds. Ly offering yual- in oncl srn~icr tlr:d tLc discounters are nut set up to pros~ide•. "fLot miry mean The most important thing about promrises is keeping them. ...a car in every garage... In today's complex world, keeping promises means a lot of work for officials and their staff. And chat means answers, and chat means data, research, reports and more repora. Nor only can LEX1S-NEXIS help you with relevant electronic information, is can help you with the next most important thing about promises... W/ LDCLS~ NE?aS' ~s.,.~.Jr r.r n..e rt n uses ~.. esn.....,r,....,~ ~ r.r r..... r.n.~.. s.-w ~,. ~ rr iniorrrnrian uan+r. • w lr.J tY.n Mn/ 4. ~ i 1r u~..,.:ua, iss .... i u o~.. i. res..,..... a+:~w .« rr... ,one rnvrsrr u~ ~e ~.- Promises, promises. ~~a ~.~~- i , ~ ~ ~a %/ f E \IS~~ `f \IS~ to 611 up :uts tinlc in Ire. C.auntics cnss- • .drrach p:u+cd the ._fhrrrs itNN1 Ghost . sacs ilunc:m \I:rcor ulc n> sclmv~ Main Il.gxrd alChldbcr- c. remained uu tbrir a httlc n•:uun to Ix~ eau be rytl:lun~d 1+', nic rrcmrn iu the hal(of the [Icc:ulc Ic to tho \laiu tinccl n ulbcr public :md vl clillrt+ ti~li uc nl :; O (:dl for numbers rc•Ir:ard bl for C.S. Censor Ilurr:w m the past Bear, Ix rh:gn the most surpnsur; sorm thc• ones relwrting rural population ch:o,ec. Bchsren 1990 and 1991, ;~ Ixi- crnt u(.AnteriCi s nun-mrtmlx,lit:m :ur:o Geo.. n•ccrun~_ acb:a ha<I seemed an ine- rrrsihk trend in du• 19S(i+. ss Lru .ii lx~:- crnt u( Ihrm lost pnpul,dion. In die p.tct Glue .e.ir>. ruytlas ntrot ¢re+r Gatrr u. nn.d ;uc:n dt.m in wl>,.m unes.:md unrnr plucuu•ut rhupix-d nu,rc• s4rplj. ..\un-mctrnin,ht.m .4ntcnca :a a svhnlr u [Irfinitrh Ix~ttrr nfl tb.m in dtr 19XA.~~ enc+ Capin Br.dc u( the l~.S. A~~indturc Dcp:utntcnt. the dr;w uF an:d dcnu,c::r phcr+. `"fbc pnpuhdi~n cmactll since I ~XN 1 b.:+ tcs r. tYl a lot u. tbcx place+.. llunc:ui. Oklahum;l. is ;m esccllrnt rc.unplc. 1t 795(1, rt had °_°ali lmople. llurin~ the 19SIA, as Ihr state ;utd hxal rcvnnmc sttttc_Ird. ib Iwpulatiun scent down be 1%'. lx•rcrnt. But in the fist four years o([he 195Ah, it sru up 5% Itrtte•nt, nuxc than rr;tsin_ the presinus decode of decline. l1u same w:u hvr u(sunvund- in Stephens CuunK-it lost Ixcgtlr in the ~SU+, then Cainctl tbrm back soith sunte to sp;lre Ix•bs c•t•n I5i<NI and 199-{. And su tlid most n(dx• a,untirs ;,round it. ~~Sonu•thinc i+ coin;; un nut there." drel:nes hen lulutsnn. a drmu_r,,pher at ],Invla Cnis c•niK in Cbic~co lsbu stud- ie> nn;d lwpulatiou with Ik.de. Aclu:dh, +c•~el:d different thins are cuin_ un, nnl :III u(them r.tec G, tgt.tntik. One I+, matter u(simple retention. Brsi- dcut..uc Ic++ c.cvr to Ic;nc small lassos Ilan this urrr in the ~M1I I+-and some ll.,. I•I~~~: f. n 1• D D Y I Y f t0 s of Oklahoma's oil recession a decade ago. Ponca Ci[y's n was dying. :how i[ has a 90 percent occupancy rate. COVER STORY/ECONOMIC DEVELOPMENT RETURN TO MAIN STREET After decades of economic decline, something is happening to America's small-town downtowns: Many of them are showing signs of life. There are a lot of reasons why. grnrl:Itio^ aco, there a~err J.C. Penney stores rnt dorens u( \bun Streets al over Okla- homa, modest-sized \l~alk-in department stmrs that stood for the sihdih and human wile of snuill- tossn mnunercial life. But over the past hl~o decades, like most recui chains. Pen- nrr~s hs abandoned ISs dosnltonn rates. In all of Okiaitonta. B Y ALAN I unls mte uC tl-.e old- sh~le Prnnees rem;mu in business. in tJle towt of Duurut. oapulatiun .0O0. not ;[r fi~om the Texas Ix>rdr:. Titat im~t much oFa surprise. Heres the sulpnse: Tit.r Imo; iittlr \la:n Street store. still open mainlc becuuc file cumpans' nece:' cot around to closine it. is the ftistest-gnt\oing Pen- ney soink t in dte state. Lot \ e:u' its sides jungted more dtan IS Ix rcrnt-this at a time s'hen Prnnrs's national s.Ilrs gloetl, Illtt'sr;tc less than 1 perent. \olxxiv is [lane swe ls~in' tJtis is h:,p- lxnim~. Gaxl m;magenlent is pal; of tltc stor}', but rt can't br the entire store, Ixcrose Prnnrc's isn~t the ante business in llunc.In that is [luinc uur.\pectrdl\~ a r!!. .-\II of Lle do\nltasln i. in the midst o(^ nrthrr staltlnlg re\iv.d. Ten s cars aco. the racancs' r.de in the• four-block \lain Strut corridr,r seas 4i percent. There were ~l9 cngt^. buikiin~s. :1 cuninutttr of Icx~al \anucn prrp:ar[i scinduso [hsplacs for [he unused buildings sn the street a oukht~t la Ik cnmplN.rl)' dcc'rrpl t. Talas'. the \'acanco rate is ~ percent. There is a brand-ne\r men's clothing store and an upscile resC+urmt. The busi- ness dishicCs sides tae receipts. which fell as losl~ :rs SL, million a ce:u~ in the mid- 1950s. seem ixlised to go orer the S3 mil- lion mark in fisc:d 1996. Sou rm ma:e a list of lord returns for Duncan-s comeback. but then arena entirrls' cons'ulcinc. Uunc;m ha; a ¢[xt[I H R E N H A L T de:d of oil moneo. but it isn't entctly ;tgiuenC Ics funily income is actu- allc a felt hundred dollars be]o\l the statee'ide median. It has a Ix;ner-than-:rcer- ace le\'el of citizen im'ukentrnt. and it hire benefited greatly h-om its inmloement slith dte Main Street Pru- ;ram of the Satiunal Tnlst for Histrn'ic Presen:Ition. Still. dlerei nodting uniyue to Duncm that slnuld ha\'e Ird :unixxlc to predict fire se;us ago that it slnuid Iwunce back the ss;n'rt iLB. Snmrtitin^_ snail:u'rm hr stud (or other Oklahoma roans that ;ue doing conspicu- ousl_l' srcll. Ponca Cih', slightly l:u'grr tJt.ul Dunrm. h.ul 59 sarntcirs on \lahl Street a decade ago, in fire depths u( the state s ail :ecesslna 'The du\lntrnsn \s'a5 [h inc. guile iumcsth.' sacs Da\i[I l;eath- lev. the hlscn~s \lain Street m;uslcer. Trx!ac. Ponca Cih's [lusslrtusrn h;u :I gp Ix-bent Ixrul;.ux~- I:dr :md :1 sshule ne\c gcner.diull of rc6ril busnlrsx•s. Yurccll. a much .nrdlcr tnsln 35 milts south u(Uki.Ihuul•1 Gh, is m the midst of :1 Sllll lidl (IIIVl1IU\lll 111 s'r\tlll Clll INNII I11Ct. fixdcd by ;uts ;omisul .md prumutal bs' a IS GOVERNING Nat IY4f \~IUnL' na•rclsutl st hn ss;n spun r[I un be the sucma u(;1 \lain Strut liddiu Shack 6anchix• to insrst uvnr tb,m bolt a inii- linn dnl!ars in nclCh hnrinc cnnu ncreiai prulx^tles. 'The mom ,u¢I Ixlp. ,Ire ann- in_ back in \\-ith vmnc peoltlc.~~ \ac. \lick\ \I;u'scc. ~~I~In burr sritlt .I cen_r:nlcr." Ile i> 3(i scan old. the oenrr of Ihr Cif; .ilnp a It•ss c;um dlnsn fi~nm hnn i. ^_~. 1t s.~~ld IN~ a'Lnn, crnlr p. .IC>cr: Ibal well sntlll horn in Ukl.lbnnr.: i. flair m~_ ur cs cn h~;ldiu•_ it. ass n. \Luls of the Imi- e>t nut'...I Icss thou+aud Ix, mir or Irss. base .Iil hii; , un' Hader ill ILo 1'c,nu nuic uplu•.IS:Ii nl the !:n; hsn ~IrcaJr, .uul base nn Ic:di.tlc ci..~nrr u(.ccunbi m'~ back. Ts cn :u non'1 piaco. II..' .Iic . d I1wuul •n' Ponca (]h'. out .III !is t' ~_.Ii u;'li sll an _Ii~ In rho I`6M%s ~i ~i l,~ .LJr ILIA u:..n' IILU: u. sl.:nc ni drnul!ntlu. sl b, r.c ruinh .bu,- 1 H.~Illl:~~l;iti;i~l;;r,~i'l~; 1 ~', r~rr_ - . ..._._. _ _ _ -_~, _r ~ Ix ~n-µny zne ~maii-:gown ~o Is No Illusion 3. ~~~ ~- .. "-F "`~- -- __. _ a ~-. ~ _ . _ ~.-- = `~ - - ~v~k--= -- __ --~ __c~ _-_==--=~~~~=_= ___==-`- __ -__ _-_ '4.~ -_- Illlll::lI IIIII:III:II~f1:1ll::lll llll:::lll lllll:ll - ~. - ; _ a .~ meback :--_ r ~'~~~:; ~ ~~ OCAL MAIN STREET'S Florida's Main Street program concenmtes on cities hrtwcrn 5 1700 and 50,000 in population. Dfain Street cities hire afull-time downtown manager, establish a Main Street Advisory Beard (with rcpnsrnntirrs from the public and private scaturs! and develop a Irzal pmgra:r, n. bring aiy nr, the rcvi[alistion of the cammerc ial .an~. The run:numi[v is responsible fur raising the funding nanvp~ t„ ti;ati and administer chi local program. ilx- Hain S[rcec Manager is the ax,rdinatnr ur tar ilitau+r Grc downown rcvitalizatitm. Ile or she work wnh der 11mn Jve<~c Adviwry BrKUd and with other public and pnva[r sea mr leaders ro implrmrrt the Main Svrct pr.!c ram. "I ttr Baud plays a critical role in [hr luai }uugram by rstahlishing polir}~, drtrrmiring prionnes, and asisung [hc \lanagrr with implrmrnn[ion of aruvian in the arcs ul organization, promotion, desgn anJ <n,numic nstrucnuing. FOR FL'RTFSER 1\FORMATI(Y.V CONTACT: Florida Main State[ R.A. Gray Building Tallaiwsee, Florida i?irk)-O~SU (Jab aF-_?iii I.ORIDA MAIN STREET Florida Main Street wu initiated in 1985 and is administered by the Burarr of Historic Presmuion, Division of Historical Resources, Florida Departrnent of State. The Burew condtrcrs statewide programs aimed at identifying, evaluuing, and preserving Florida's historic resoutees. Main Street, With its emphuis on pnserruion, is an effective strategy in achieving these goals in Florida's smaller cities. Main Street ri not a grants program, but rather u a technical assisturce program. ]lee Buttes offers tnaroger training, cotmdnn[ tam visits, design and othn technical assistance, as weB as the benefit of experience gaurcd by other Florida Main Street programs. Main Street cities receive up [o three yarn of «chnical assistarsce from the Bureau. Florida Main Street is a xlf-help program. The Bureau of Historic Pteserva[ion supplies technical assistance, but the credit and «sporssibility for success rests with the rtuny community Inders who offn [heir time, expertix, and enthusiavn m mializing downown. Florida Main Street rs iKtemennl. Using the Main Strtet approach, community leaders work together to bring about many stroll but positive "unprwements downtown. Together. [hest imprtrvemena rNitaliu the dpvm [Own. Florida Main Street works! Florida's Main Street cities art bringing people and commerce back downtown. EVITALIZING FLORIDA'S DOWNTOWNS Throughou[ Florida there is a growing inttrest in improving the appnrance and «onomic stability of historic downtown kwsiness districts. In many i small communities, the rtuin sttxet is ~ in a srriotu state of decline. Effective C solution to the problems of Jrt~ri~~ntigg building sr«k, loss of busirtess, and the s.m!::c cv,numic strength of downtown are crucial to the n.~:v.J of the city itself. "then arc nwny reasons for a community m xtivrl y r~ue;:ai;r the rrvitalizstion o(thr downtown. An ~•~nu~mit eily healthy downrown: • IAtiIJs a pnitive image for the commtmiry. An t; ra; %ivr downrown reflects a community's confidence in :!u~li anJ its future. • Lrca[es job opp•ttunities. A revitalized downtown .;; n~ is nttv industry and strengthens service and retail p,b markets. tiavcs tax dollars. Revitalization stabilizes and impn,vrs the area's tax base, and protects the incntmrnt already made in downtown infrastmcturc. • Frescoes the arrtununin's hisuxic rewurces. In an txonomically hnJthy downtown, pmprrt}' owners can aitbrJ to maintain the historic commercial buildings anJ pnsrrvr an impottan[ part of the community's heritage. HE MAIN STREET APPROACH Acrtns [he nation, small cities arc discovering that the Main Street appruxh can bring about dranutic positive change downtown. Main Strut encourages ecorwmic drvrlopmrnt within the context of historic preservation. The approxh adv«ates impmvrmrn[s in four arras to emre a posi[ivr, distinctive image (or downtown: • Orgarsizuirxr. IX'orking with public and private sector community' leaders w develop consensus and coordinate resources to revitalize downrown. • Pmrtwtion: Creating and marketing a positive image ofdownrown through special evrnts, renil sales, effective advertising, and public relation. • Uesign: Encouraging y.ulirv building rehabilitation, sigmgr, public impmvrrtxnts and witdow displays to improve the appearance of downrown. • Economic Restructuring: Improving the economic base of downtown by strrngthrning existing businesses, recmiting rtew businesses, and filling second flror vxancics. Thr Main $trett apprcxh alw adv«ates a return to community srl(-rcltar><r and rmphuizrs the downrown's t nditiornl assets: prrstxul service, 1«al ownmhip, uniyur archi[ecturc, and a sense of community. own- town the past, the word brought to mind an im- age of a bustling center of com- merce and activity. Too often today, the image is of vacant, deteriorating buildings. Now dties are discovering that with ', help from Florida Main Street, downtown can thrive again. i~lainSt~~eet ... , ...And the Philosophy That Makes It Work The Main Street Four Point Approach succeeds only when combined with the following eight principles: Comprehensive. A single project cannot revitalize a downtown or commercial neighborhood. An ongoing series of initiatives is vital to build community support and create lasting progress. Incremental. Small projects make a big difference. They demonstrate that "things are happening on Main Street and hone the skills and confidence the program will need to tackle more complex problems. SeN-help. The NMSC can provide valuable direction and hands-on technical assistance, but only local leadership can breed long-term success by fostering and demonstrating community involvement and commitment to the revitalization effort. Public/private partnership. Every local Main Street program needs the support and expertise of both the public and private sectors. Far an effective partnership, each must recognize the strengths and weaknesses of the other. Identifying and capitalizing on existing assets. One of the NMSC's key goals is to help communities recognize and make the best use of their unique offerings. Local assets provide the solid foundation for a successful Main Street initiative. Quality. From storefront design to promotional campaigns to special events, quality must be the main goal. Change. Changing community attitudes and habits is essential to bring about a commercal district renaissance. A carefully planned Main Street program will help shift public perceptions and practices to support and sustain the revitalization process. Action-oriented. Frequent, visible changes in the look and activities of the commercial district will reinforce the perception of positive change. Small, but dramatic improvements early in the process will remind the community that the revitalization effort is under way. National Main Street Center Washington, D. C. 1993 The Main Street Four-Point Approach.. . Design involves improving the downtown's image by enhancing its physical appearance -not just the appearance of buildings, but also that of streetlights, window displays, parking areas, signs, sidewalks, promotional materials and all other elements that convey a visual message about the downtown and what it has to offer. Organization means building cooperation and consensus among all the groups that play roles in the downtown -bankers, civic groups, government, merchants and individual citizens - to ensure that the Main Street program benefits from acommunity- wide vision of the future. PrOmotlon involves marketing the downtown's unique characteristics to shoppers, investors, new businesses, tourists and others. Effective promotion creates a positive image of downtown trough retail promotional activity, special events and ongoing programs that build positive perceptions of the district. Economic Restructuring means strengthening the existing economic base of downtown while diversifying i . Economic restructuring activities include helping existing businesses expand, recruiting new businesses to provide a balanced mix, converting unused space into productive property and sharpening the competitiveness of downtown merchants. By strengthening the downtown's economy, communities are able to support the ongoing use of historic commercial buildings, preserving unique community assets. c men , The Main Street Approach nce the social and commercial center of American life, thousands of downtown and neighborhood business districts across the United States fell by the wayside in the 1950s and 1960s, abandoned in the post-World War II rush to the suburbs. Some downtowns tried to compete with trendy malls by hanging garish signs and hiding grand old buildings behind modem facades. Others simply gave up and let time take its toll. But Main Street refused to die. In the late 1970s, town after town awoke to the realization that so-called "progress" had failed in its promise to create a better life. Instead, modernization had extracted a high price: congested streets and highways, uncontrolled growth and cookie utter architecture that reflected neither a sense of place nor a sense of pride. Troubled by the heavy cost to their communities, people looked again at Main Street, imagining it faded glory transformed into a fresh source of community pride. Today, hundreds of once-deserted downtowns are booming again. Main Streets that once teetered on the brink of extinction have come back to Iffe. Shops are thriving, streets are bustling, and citizens have rediscovered the pride and pleasure that come from belonging to a real community. Breathing new economic life into an old commercial district presents a special challenge. Rehabilitating a few downtown buildings or sponsoring an annual festival is an important move in the right direction, but it's not enough. Nor is it necessary to bankroll the kind of "big fix" project advocated by many so-called development experts. So, what is the solution? Simply put, to give an aging downtown a prosperous new lease of life, a community must direct its trme, energy and resources to the challenge of rediscovering that area's unique assets and rebuilding it step-by-step into a vibrant and viable commercial district. To help communities achieve their economic goals, the National Main Street Center has developed a comprehensive revitalization strategy that pairs thoughtful preservation of historic assets with sensible business practices. By blending common sense with sound planning, economic development, promotion and design -all tailored for local needs -the Main Street Four-Point Approach has already produced dramatic results. Active in more that 850 Main Street towns and cities across the country, this revitalization process has generated more than $2.9 billion in physical improvements and produced 20,389 net new businesses and 64,402 net new lobs since 1980. is a e e an t Application Summary Sheet Community Local Community 1. City Population . 2. Median Household Income 3. Median Age 4. Unemployment Rate 5. % of Families Below Pove Level 6. Sales Tax Receipts for Ci 7. Community Redevelopment Agency /N 8. Date CRA Established 9. Annual Budget of CRA 10.Other Downtown Association /N 11. Preservation Or anization /N 12. Seasonal Population Fluctuation Local Procaram Area 1. Number of Blocks 2. Number of Buildings 3. Total Square Footage 4. 1st Floor Vacancy (sq. ft. Local Or anization 1. Tax Status 2. First Year Budget Fundin for Local Or anization 1. city 2. CRA 3. County 4. Subtotal Public 5. Private Funds Pro ram Mana er _ 1. Manager Salary 2. Manager Benefits 3. Travel Budget Age of Buildings (%) 1. Pre-1900 2. 1900-1945 3. 1945-1980 4. 1980-Present Ownershi of Buildin s % Use of Buildin s 1. Local-Private 1. Owner Occupied 2. Absentee-Private 2. Renter Occupied 3. Public Sample Municipal Resolution A Resolution Authorizing Participation in the "Florida Main Street" Program WHEREAS, the Florida Main Street Program (Program) has been created to assist Florida communities in developing public-private efforts to revitalize their "Main Street" areas, and WHEREAS, the Seuetary of State will select a number of communities to participate in the Program in the upcoming year. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF that the City hereby endorses submission by of an application to participate in the Program with the specific goal of revitalization within the context of the Main Street ' Approach. BE IT FURTHER RESOLVED that the City agrees to support that local Main Street "- program and participate in it activities. APPROVED AND ADOPTED THIS ' Commissioner, Mayor: Commissioner: Commissioner: Commissioner: Commissioner: Attest: City Clerk: Approved as to legal form: day of , 19_ Vote: Vote: vote: Vote: Vote: City Attorney e tca ton o n en o tre a ro ram aria er I hereby certify that (name of organization) agrees to employ afull-time Program Manager for a period of at least 12 (twelve) months following execution of a formal Florida Main Street Service Agreement between the Division of Historical Resources and our agency/organization. ignature of duly authorized representative Date Typed name and title of duly authorized representative THIS FORM MUST BE NOTARIZED un to a tca on I hereby certify that on (date) (name or organization) has $ in-hand and pledged for year one of the Local Program's participation in the Florida Main treet Program and that these funds are allocated for this purpose. I further certify that this agency/organization has $ in-hand and $ pledged for years two and beyond for the Local rogr~articipation in the I-F orida Main Street Program beyond the first year. as indicated in the Application Budget Summaries. ignature of duly authorized representative Date Typed name and title of duly authorized representative THIS FORM MUST BE NOTARIZED ....: .. _ -:_ a..... scan a tca on City: County: Organization: Mailing Address: Name of Organization Representative: Title: Daytime Phone: I certify that I am a duly authorized representative of the applicant and that, to the best of my knowledge, the information presented in this application is accurate. I further certify that it is the intent of the applicant to execute the Florida Main Street Services Agreement and an Historic Preservation Grant-in-Aid Application upon designation as a Florida Main Street Community. Signature: Date: THIS FORM MUST BE NOTARIZED Appendix D This section should contain the following: Press Clippings. 2. Miscellaneous Supporting Materials. Appendix C This selection should contain the following: Specific letters and resolutions of partnership commitment from key community organizations, governmental entities, and institutions. 2. General letters and resolutions of support from other merchants, organizations, institutions, citizens, and elected officials. Appendix B This section should contain the following in the order indicated (forms follow Appendix D): Notarized cert~cation by a duly authorized representative of the organization applying. Notarized certification of the availability of full funding for the first year of the Local Program. 3. Notarized certification of intent to hire afull-time Program Manager (attach copy of jot description, performance evaluation standards and procedures, description of benefits, and contract, as applicable.) Resolution passed by the local government(s) showing support for the Local Program. 5. Verification for funding of all years applicable. 6. Verification of public sector funding support. 7. List of all in-kind services donated to the Local Program. S. Articles of incorporation or enabling legislation for applicant organization or agency. Appendix A This section should include the following in the order indicated: City street map outlining the local program area and to which the slides are keyed. 2. Description sheet for slides. 3. A copy or photocopy of a photograph at least 8" by 10" showing an aerial view of the Local Program Area within the context of the downtown. The Local Program Area should be clearly outlined on the photograph. I This Paae Left Plank 1 .~: v~_~ _ _. _ _.. _ _ ~ _... x :.~, .,,..~. ~_u_ ~,:...::_ IV. Overall Need and Potential A. Need for Downtown Revitalization What are the three major assets and three major liabilities of the local program area as it exists today? 2. Why does your community need the Florida Main Street Program? otentia or uccess Why do you think your community would be a successful Florida Main Street community? 2. What impact will a local Main Street program have on the assets and liabilities outlined in A.1 above? I This Page Left Blank 1 escn revtous revita iza ion an reserva ion a ivi ies. How have public and private sector groups shown their support for downtown revitalization in the past? Identify groups and specific activities and programs. 2. Within the last 10 years, what major landscaping, infrastructure improvements and public or private sector rehabilitation's have taken place within the Loca/ Program Area and what were the sources of funding for these projects? Identify any such projects currently planned for the Loca/ Program Area. 13. How many of the following types of economic anchors are located in the Local Program Area? 14. Are properties in the Local Program Area subject to the provisions of a local historic preservation ordinance? If so, briefly describe the key provisions of the ordinance. 15. Are there any parks or recreation areas in the Local Program Area? If yes, indicate the acreage of each and describe briefly. 16. What other cultural, social, ethnic features or other special qualities does the Local Program Area or surrounding area possess? 17. Describe housing stock within the Local Program Area and housing issues within the Local Program Area and/or adjacent areas. How many dwelling units are there in the Local Program Area. b) PubliGy owned: 9. What are the current rents per square foot for commercial space in the Local Program Area? a) Average: per square footyear b) Lowest: per square fooUyear c) Highest: per square fooUyear 10. Estimate the number of square feet of first floor vacancies in the local program area: First floor vacancies: square feet. 11. Estimate the number of parking spaces in the Local Program Area: Total parking spaces: On-Street Parking: Off-Street Parking: 12. Estimate the percentage of the Local Program Area building space devoted to the following uses: First Floor % U r Floor Retail Professional Offices Government Offices Restaurants/ Entertainment Housing Industry Warehouse Other Vacancy TOTAL conomic nvironmen 1. How many businesses are in the Local Program Area? 2. What is the appraised value of real property within the Local Program Area? (includes propsrty-tax exempt sites) 3. What is the appraised value of real property within the city? 4. What is the assessed tax base of the Local Program Area? 5. What is the assessed tax base of the city? 6. How many workers are employed in the Local Program Area? a) Office: b) Commercial: c) Industrial: 7. What percentage of the buildings in the Local Program Area is: a) Owner occupied: b) Renter occupied: c) Vacant: 8. What p ercentage of the buildings in the Local Program Area is: a) Privately owned: 1) Local owner: 2) Absentee landlord: .z_s ... .._~.__. .~ III. The Local Program Area w nvlronmen What is the approximate age of the existing building stock in the local program area? Pre - 1900: _°~ 1930 - 1945: °~ 1900 - 1920: _% 1945 - 1980: °k 1920 - 1930: _°k Post - 1980: °~ 2. Discuss the characteristics that make the local program area a cohesive and recognizable district having clearly defined boundaries and architectural character. 3. What federal, state, county and local government agencies are located in or adjacent to your local program area? 4. Does the city have one or more districts listed in the National Register of Historic Places or designated under a local historic preservation ordinance? Is all or part of the Local Program Area located in such a district? Are there properties within the Local Program Area which are listed individually in the National Register or designated as landmarks under a local historic preservation ordinance? Are there any individual properties or districts which are pending National Register listing? If yes, briefly describe each. 5. Has a historic resource survey been conducted within the community? Has this survey included the Local Program Area? Are there plans for (additional) survey work in the Local Program Area? 6. How many blocks are in the Local Program Area? How many buildings are in the Local Program Area? 4. Did you apply to the Florida Main Street Program in previous years? tf yes, what programs, activities or interest resulted from applying? Provide a brief overview of related accomplishments during the time since your fast application was made. ans or ro ram ana er Will the Program Manager be a salaried or contract employee? Briefly describe the Program Manager selection process that was or will be used. ff you have already hired a Program Manager attach a resume which indicates all relevant work experience of the person chosen. 2. What is the title of the individual to provide day-today supervision of the Program Manager? What is the relationship between this individual and the Board which will determine policy for the Local Program? How many hours per week will the Program Manager work on the Local Program? 4. What pay/benefits package will you offer the Program Manager? How does that package compare to that of an Assistant City Manager, City Planner, Chamber of Commerce Executive Director or other similar professional positions? u Ic an rlvate ector nvo vement How will both municipal and county governments participate in the Loca! Program? Be specific regarding responsibilities and roles. 2. What support activities will be provided by the organizations listed in Section 1- F and how will these organizations interact with the Local Program? Be specific regarding responsibilities and roles. 3. How will any other community groups or service organizations participate in the Local Program? Be specific about responsibilities and roles. 4. How will you continue to generate public awareness of, involvement in, and financial support for the Local Program? n erstan In o aln treet roac What does your community expect to achieve by participating in the Florida Main Street Program? Be specific and identify the outcome or results expected from each of the four points of the Main Street Approach. 2. How have you informed other community groups and citizens about your Local Program and the Main Street Approach? 3. How many years do you anticipate participating in the Florida Main Street Program? ,.. ~ _~_. _ . _ .. _.__. _ __.._ ,:u._~._ TO Income Cash Needs In-Kind Pled ed Total Ex nse Program Manager Sala Program Manager Benefits Additional tall ala Additional tall Benefits Travel Advertisin Promotion Posta e ffice u lies Printin Photoco in Photo ra hic u lies Insurance Rent Utilities Tele hone Professional Develo ment Answering Machine or Service ontingency or other ex lain Pro ect Mone ecif TOTAL CASH NEEDS ^' . s TOTAL IN-KIND PLEDGED""' n j ~- r. <,'r%:%'~y TOTAL EXPENSES This budget format is to be completed for a minimum of three years. A list of all funding pledges must be submittetl in Appendix 8. Total Exp^nses must equal Total Income. Total Cash Income must equal or exceed Total Cash Needs. ""' Documentation of all in-kind donations must be submitted in Appendix B. 10. Indicate what projects are planned under the Four Points of the Main Street Approach: Organization, Design, Promotion, and Economic Restructuring and what project money has been budgeted (beyond operating funds). 11. Describe your long-term funding strategy, describing anticipated grants, contracts for services, fund raising events, membership dues, etc. 12. Please complete the form on the next page regarding income and expenses for at least three years of the local program. II. Local Organizations r aniza Iona ea mess Name of organization or agency to administer the Local Program: 2. Date established: Size of Current Membership: 3. What were the budget expenditures for the Local Program organization or agency for the preceding two years (if established). a) 19_ Budget Expenditures: Sources of Funding: b) 19_ Budget Expenditures: Sources of Funding: Federal Employment Number: 5. Taxing Status (i.e., 501 (c) (3), etc. 6. List the current officers of the Organization, indicate their terms of office, and affiliation, such as representative of Chamber of Commerce, merchant, etc. (If the applicant is a municipality, indicate N/A or indicate the membership of the Local Program Advisory Board if such a board has been established.l What is the composition of the Board which will determine policy for the Local Program? (If the same as #6, indicate so). 8. How are the members of the Board selected? 9. What commitment do you require from Board members. (Job description, hours per month, membership dues, attendance at FMS training sessions, etc. ). 3. MerchantslProfessional Association a) Name of organization: b) Date established: c) Make-up of Board: d) Sources of funding: e) Budget expenditures (previous two years): f) Size of membership (previous two years): g) What support activities has this organization provided within the Local Program Area to date? h) Within the last five years, what have been the major activities and accomplishments of the organizations? 4. Downtown Development Authority (or Special Assessment District) a) Date established: b) Make-up of Board: c) Sources of funding: d) Budget expenditures (previous two years): e) What support activities has the DDA provided within the Local Program Area to date? f) Within the last five years, what have been the major activities and accomplishments of the DDA? 5. Local Historic Preservation Organization a) Name of organization: b} Date established: c) Make-up of Board: d) Source of funding: e) Budget expenditures (previous two years): f) Size of membership (previous two years): g) What support activities has this organization provided within the Local Program Area to date? conomlc n ~cators What are the annual sales tax receipts (shared revenue) for the city? For the county? 2. How many kilowatt-hours of electricity were sold within the city? Within a related service area? 3. What is the number of and dollar volume of building permits issued by the city in the last year? How many financial institutions are in the city. How many are in the Local Program Area? Have they indicated a willingness to support the Local Program and invest in the Local Program Area? If yes, in wttat way? Within the county what were the Commercial Bank/ Savings and Loan deposits for the most recent year available? 6. What is the volume of commercial loan activity among the financial institutions in your city and county for the most recent year available? Has a commercial revitalization loan program been established in your city? If so, briefly describe the program, indicate participating agencies or institutions, and include the dollar value of loans processed to date. Is there a design review committee to review loan applications? xlstm ans or a eve o men 1. Provide a brief list of goalslobjectives for any organization(s) currently overseeing redevelopment efforts in your community (i.e. Regional Development Council programs, Community Redevelopment Agencies, special municipal task forces, etc.) your 2. Does your local government have: (Answer Yes or No. Explain briefly if appropnate.) a) A comprehensive plan as defined under Chapter 163, F.S.? b) An historic preservation element in that plan? c) A downtown revitalization element in that plan? d) A zoning ordinance? e) A sign control ordinance? f) An historic preservation ordinance? g) An historic district ordinance? h) A design review ordinance? i) A minimum maintenance ordinance? j) A central business district plan? k) A planning and zoning commission? I) A public housing authority? m) A building inspector? n) A staff person responsible solely for downtown revitalization? How many hours per week? What is the source of funding? 10. 11 12. 13. What types of regional transportation facilities are located in your community? Please include names. a) Commercial Airport b) Airlines: c) Passenger Railroads: d) Freight Railroads: e) Bus Service: f) Taxi Service g) Interstates and highway h) Other: Provide a brief assessment of the state of transportation resources: What newspapers, radio, television stations and cable systems service the area? Is tourism a major industry in your community? Are there major resorts or attractions nearby? If so, identify them. Are there major events held nearby? If so, identify them. Is there a marked seasonal population fluctuation due to tourism, winter residency, educational facilities, etc.? If so, explain why. 14. List the five largest emolovers in your rr~mm~ n,i4v~ I. The Local Community Provide a brief historical overview of your incorporation or settlement. (a) City (c) to of population total will exceed 100°~) 1980 1990 Native- American 1980 1990 Na6ve- American Hispanic Other C. Each copy of the application form must be accompanied by the following attachments in a separate binder labeled 'Appendixes': Appendix A: 1. City street map on which the boundaries of the Local Program Area are Geariy defined and to which the slides are keyed. 2. Description sheet providing the information indipted in B above for each slide. 3. Copy (can be a photocopy) of a photograph at least 8" x 10" which shows an aerial view of the Local Program Area within the context of the downtown. The Local Program Area should be clearly outlined on the photograph. Appendix B: 1. Notarized certification by the duly authorized representative of the applicant organization. This document also certifies that the applipnt will execute a Florida Main Street Service agreement and the Historic Preservation Grant-in-Aid Application (see Appendix to this document). 2. Notarized cert~cation of the availability of full funding for the first year of the Local Program (see Appendix of this document). 3. Notarized certification of intent to hire afull-time Program Manager (see Appendix to this document). 4. Resolution passed by the local government(s) showing support for the Local Program (a sample resolution is included in the Appendix to this document). 5. Attach verification for funding of all years appligble. A commitment of funding for at least three years is expeGed. 6. Attach verification of public sector funding. This should be a copy of an official Gty and/or county resolution supporting a speGfic contribution to the local program. 7. List of all in-kind services donated to the Local Program. This list should inGude the service description, donor, cash value and duration for each in-kind service. 8. ArtiGes of incorporation or enabling legislation for applicant organization or agency (unless applipnt is a local government). Appendix C: 1. Specific letters and resolutions of commitment from key community organizations, governmental entities and institutions. 2. General letters and resolutions of support from other organizations, governmental entities, institutions, elected officials, merchants and citizens. Appendix D: 1. Press Gippings. 2. Miscellaneous supporting materials. 3. Application Summary Sheet. NOTE: All application materials submitted become the property of the Forida Main Street Program and will not be returned Florida Main Street lication The Bureau of Historic Preservation is now accepting applications for participation in the Florida Main Street Program. Florida Main Street was initiated in 1985 and is administered by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State. Each year, the Florida Secretary of State selects communities to participate in the Florida Main Street Program from the applications received. The application must be submitted to: Florida Main Street Program Bureau of Historic Preservation 500 South Bronough Street Tallahassee, Florida 32399-0250 Fax (904) 488-3353 NOTE: COMPLETE APPLICATIONS MUST BE DELIVERED TO THE FLORIDA MAIN STREET OFFICES NO LATER THAN 5:00 P.M. OR POSTMARKED AND MAILED OR SUBMITTED (WITH EVIDENCE) TO AN EXPRESS MAIL SERVICE ON OR BEFORE SAID DATE. Helpful Hints: MAKE SURE THE APPLICATION IS COMPLETE. Use the enGosed Application Checklist to insure that all required items are included with your application. A. Follow the application format when answering questions. Keep responses brief and in the order indicated. Avoid repetition where possible. B. The Local Program Area should be the small, well-defined Vaditional commercial core of your community. Select the area that has the strongest concentration of historic commercial buildings. Avoid the temptation to inGude peripheral areas with mixed uses, scattered buildings and vacant land. It is better to define a small program area and then expand, than to define a large area which can be unmanageable D All applicants must demonstrate a commitment to actively participate in the FMS program. Preference will be given to programs with multi-year terms of commitment. Florida Main Street Selection Criteria Each of the following sections corresponds to a section of the Application, and will be given equal consideration in evaluation of applications: A. Criteria Related to the Community • The historic significance of the community and the Local Program Area • Community demographics, economic base, and potential for economic redevelopment • Current plans for redevelopment within the community • Past and current municipal, state and federal redevelopment programs and operations within the community • Degree of support for economic reinvestment within the community demonstrated by local government and local financial institutions • Other community organizations' activities and cultural and recreational events and facilities B Criteria Related to the Readiness of the Applicant • Organizational and financial readiness to manage the local Main Street program • Extent of understanding of and support for the Local Program and its objectives by both the public and the private sectors • Consistency of Local Program goals with the Main Street Approach (see attachment 1) • Job description, compensation, selection and performance evaluation process for the local Program Manager C. Criteria Related to the Characteristics of the Local Program Area • Extent to which the Local Program Area is cohesive and well-defined with a concentration of historically significant buildings • Quantity and quality of housing in and around the Local Program Area • Current economic base and business mix within the Local Program Area and neighboring areas Previous revitalization activities by govemment and private investment within the Local Program Area D. Criteria Related to the Overall Need for and Potential Benefit from a Local Main Street Program • Need for economic growth, design improvement and marketing/promotional efforts • Threat of development not conducive to preservation of histonc resources and downtown revitalization • Potential for positive economic growth, design improvement and successful marketing/promotional efforts • Opportunity for development conducive to downtown revitalization and preservation of the historic resources there • Relevance of the Main Street Approach and the Florida Main Street program to the needs and opportunities within the Local Program Area. Florida Main Street Designation Process Each year the Florida Secretary of State forms an Ad hoc Florida Main Street Advisory Committee to assist in selecting Local Programs for participation in the statewide program. The committee, whose members represent a broad spectrum of preservation and redevelopment interests and organizations, is assembled solely for the purposes of reviewing and making recommendations on applications for participation in the Florida Main Street Program and is then disbanded each year. It consists of representatives from both the public and private sectors and may inGude, among others, a representative from the following organizations: the Division of Historical Resources; Florida Department of State; Florida Department of Commerce; Florida Department of Community Affairs; Florida Redevelopment Association; Florida League of Cities; Florida Trust for Historic Preservation; National Main Street Center, and existing local Florida Main Street Community Programs. The Florida Main Street staff will forward a copy of each complete application to each member of the Committee in advance of its annual meeting of the Committee to allow thorough review and evaluation. The Committee will set, advertise, and conduct a public meeting to review and recommend Local Programs for participation in the Florida Main Street Program. Representatives for each applicant will lie requested to make a short presentation on behalf of the application and present the slides submitted with the application and other pertinent information regarding the Local Program. The Committee may address questions to the applicant representatives. After all applications have been reviewed, the Committee members will vote to rank the applications. The recommendations of the Committee will be forwarded to the Florida Secretary of State who will designate the new Florida Main Street Communities. During the application evaluation process, consideration shall also be given by the Committee to achieving a broad geographic distribution of Florida Main Street communities throughout the state. Such consideration shall inGude communities which have been previously designated as well as the applicants under consideration and shall not be interpreted to mean that the communities designated during any one year must reflect such geographic distribution. How to Apply: For additional information, call the Florida Main Street staff at (904) 487-2333, 1-(800)847-7278 or write to: Florida Main Street Program Bureau of Historic Preservation 500 South Bronough Street Tallahassee. Florida 32399-0250 Florida Main Street P ro g ra m 1996 Application Florida Main Street is a program of the Division of Historical Resources, Bureau of Historic Preservation, Florida Department of State Sandra B. Mortham, Secretary of State Main Street Florida Main Street Delray Beach, Fla. Actual Budget 1995 INCOME: SalariesBenefits: Travel: Telephone, etc.: Rent: 64,000 (City:30K, lOK CRA, SK DDA, bal-private) Projects for matching redevelopment: 1'rinting/Postage/adv' g:: Contingencies: TOTAL: COMMENTS: 41,000 5,500 1,500 4,800 5,500 2,500 2,500 $63,300 Delray Beach well lmown for "Main Street" and its improvement of area. L'irrowth due to Main Street involvement and the long term commitment by city government. Three year designation approximately. NOTE: City committed three years times 50 percent. or63,300 X 3=189,900/2 = 94,950 This is public/private partnership Florida Main Strect Ormond Beach, Fla. Actual Budget (1996) Inwme: E53,000 Salaries/Benefits: 41,000 Travel: 3,500 Telephone: 1,200 Postage: 1,000 Office supplies: -0- Gift Prof Development:: 500 Rent: 1,800 prating: 1,000 Advertising/promotions: 1, 500 Entertainment: 1,000 Dues: 500 $53,000 TOTAL :........ ....... COMMENTS: Neaz Daytona Beach which itself is heavy tourist. Designated as Main Street two years ago. Covers 2 mile area of older, some worn down buildings. Enthusiasm is low toward development. Director believes without Main Street designation the development azea would have little chance for revitalization. NOTE: Partnership agreement says that City will only Fund 1/2 each yeaz for three years if private sector matches public sector. Done one year at a time! BUDGET- ACTUAL AND PROPOSED EXPENSES TOWN CENTER AGENCY, INC. 1996 Description Proposed (based on Main St Deagination Actual to Date (7-20-%) SALARY (include Inmranc+e, Toes) 28,000 NONE Tnvd Espenses to in State Semimn 2,000 NONE Rent expense and electric 6,000 • 183 (Phase I only) Advertising/Promotion 1,500 (may be donated) In Kind Donation Supplies - 600 468 - - (Computer maybe donated) Value: 1200 Printing 250 (May be donated) 50 Photocopy 250 200 Insunace (liability) 250 250 Telephondann-er mch 1,000 NONE Landscape oo casting Phase I 2,314 2,314 -- Accouotaat fees 1,500 Bill nol received yet Bank charges 625 625 --- - Miac(PSGog fees-Corp) 61 61 Postage. - --- 300 200 - Membershiq 324 NONE 'Office may be located in City Hall TOTALS: 544,974 MS DESIGNATION 54351 ACTUAL VJlTNOU'f MS DESIGNATION TOWN CENTER AGENCY, INC. INCOME 1996 DESCRIPTION ACTUAL TO DATE PLEDGED PROPOSED 7-1-% Openting account 3,235 Construction 4,938 ReaHval 16,566 nom % only> Merchant Assoc 3,000 Brick aceount 64,330 51,000 ~ro Main Street 10,000 Affiliation Festival (EVENT) 6,000 TOTALS: 92,069 17,000 Minus Brick Cost 60,000 Availabk operational 32,069 PER YEAR funds for Towo Center PARTICII'ATTON as of 7/96 BASID ON EXPENSES OF 44,974 (Expeave shoe[) PaDlic 522,487 P~iPa~(~'/~) (If Neptune Beach S 11,243 Pre-Application Workshops for Florida Main Street Topics to be covered: • What is Florida Main Street? • How does the Main Street Approach work? • Can Florida Main Street work in your city? • The Florida Main Street application and selection process. n DstaY'Beach. Mhy .:.~.... ~, ~~ .~~ Winter Garden ~/°' '' Thursday, May 9 °~ = `: 9:00 to 12:00 .f~ :.` City Utilities Building ~Q ' `[ 8 North Highland Ave. ~~.~.~' (407) 656-6363 ~; `'"10°01! ~'' Tallahassee 1110 Wednesday, May 15th 11:30 to 2:30 '! R.A.Gray Building =~`'"~`~""" =~` 500 South Bronough St. 1-800-847-7278 Florida Main Street Directory Arcadia Phyllis Schwartz (941) 993-2990 Neu+ Port Richev Auburndale Marilyn deChant (813) 842-8066 Dru Long (941) 9G5-6159 Neu Smvrna Beach Avon Park Vacant (909) 424-2265 Maria Sutherland (941)453-3350 Ocala Bartow Vacant (352) 629-8322 Pam Perdue (941) 534-5090 Ormond Beach Bonita Springs Patty Bowie (904) 676-0059 Nancy Hartley (941) 992-G344 Palatka Chipley Debbie Banks (904) 325-4406 Tommy McDonald {(904) 638-4157 Panama City Cocoa Frances Heitkamp (904) 785-2554 David Jackson (407) 636-1893 Perry Dade Citv Vacant (904) 838-2644 Gail Hamilton (904) 567-0284 Plant City Deland hurt Mays (813) 757-6038 Maureen France (904) 738-0649 Quincy Delray Beach. Jennifer Erdman (904) 627.2346 Tom Fleming (407) 219-9952 Sanford Eustis Vacant (407)322-5600 liaren Slevin (352) 357-8555 Sebring Fort Pierce Pete Pollard (941) 471-5104 Doris Tillman (407) 4G6.3880 Stuart Haines City Nancy Hemphill (407) 286-2848 Ben Saag (941) 421-4906 Tarpon Springs Homestead Karen Iiundra (813) 938-3 711 Sharon Parent (305)242-9909 Titusville bey West Doyle Frisbee (407) 269-7363 Vacant (305) 292-8178 Venice Lake Citv David Pierce (941) 484-G722 Blondell Johnson (904) 755-9023 Wauchula Lake Wales Mazk Maras (941) 767-0330 Diane Bogues (941) 6i&-4182 Winter Garden Lahe Worth him Dndoos (407) G5G-G3G3 Gene Nowak (407) 58G-1600 Winter Haven Leesburg Ronn; Wood (941) 295-9422 Jne Shipes (352) 3G5-0053 Zephyrhills Marianna Vacant (813) 780.1414 Grace Potter-Freni (904) 482-G046 Call your Florida Main Street Miami Beach neighbor and see for yourself Neil Fritz (305) G72-9100 Miami Shores what Florida Main Street can A'Lildred Ramos (305) 795-3207 do jor you! For more information write or call: Florida Main Street 1-800-81 ~-:2:8 or (901) 18 ~-2333. Fac (90~) ~88~3353 500 South Bronoush St. Tallahassee. FL 32399-0250 Florida Main Sareet is a prosram of the Division o(Historical Rewurcea. Florida Department of 54te Sandra B. Northam. Seeretan~ of State U16/96 The Best-Run Town In Florida F LCIkIUA '1 kENU Iti'FO 0F. cumntendcJ for the Febmarc corer stup~, "~Ihu Best-Run ~lowm In Florida." 7-he aniclu alxrut the Delray beach remissance should be read by even tntcrprising paln- ical ufiice seeker and potential mmmunitp IcaJer in the cuunlrc. 1[ is an oucsundin¢ case srnJr of eficetice local icaJurshgt in actiun- 13aL U~>~ut ~'~Q, ir':a Ho;n Rnrur, 1 •~ ! , r \'1lP I: 1-I: I:k I'akl 1 L ~ article +critmn br ODs ~ ~ I , \\'hice, °The Bcst-Run ~litwn In Florida," t+-us an ~ 'r \ inspiration to me and, I l mould hope, w many ~ others.Ibelieveour ~' ;~~ communitiescmileama f~~i~, ercat deal from the e,pr- a`' ricnce of Delray Beach. Brcakinc dot+n barriers, consensus buiidine and taking responzibiiin~ should be the coal of es. n' d[izen ai thin a com:nunin'. (Br the scat. ro my knotcledee. I am no; rcla[ed to Otis \llti: e.J RIUL+Rn O. \\1f ITE. 1 R. Jr'nnpr Pnr-k 7 >_:.... \t+: rIi HC'~\:rid\.:, -... CODCCtTCn tRO,^_, O: u [ DCOPIC Ot UC Ca'• beach m tour Februan IC9i arnclc. "The Bes-Run Tottr. In Florida." \l~nmr ODs \lfiite captured as dearly as one possibly could the sense o(dn-ii-yourself "civic mindedness and responslbilirt'~ su prevalent these days m our "cillaee br cite sea.' In the spirt of shanns (anoL.er tr.tn anbnccd o,e: time hr the people of Delrat Beach). a e offer to our s;ateaiJc friends and reel ~h hors a rep about cuter remarkable resuc: cgs available kom the State of Florida, resources that conmhute crcazlr to our or._oinc cork. For al! their dedlcmon. perserenncc and cuundcss hou: s o' hard work det otcd to the restorannn of Oid School Squat.. Frances Bourque and hr. mnaauus dente of counrecr. +touh7 b:.rly 5nli be <Irue_- ^lin^ nlttani success tt err c no[ (a ;hc catalyst u(ha;uric presenation ^ra n; monies. 4. chc rtnc-s otice. Sec r;an o: Slate Sandi Alur, hare: can he thankhll to hate in her Jrnamltcn: the starch Dic,- ; siren u(I luturical Resources, aLlt hcmlcJ Irv i[s JircCOr, George Percc, anJ iES sis hrcal, stale-funded Preservation ISoards. This vcar, the Division a-ill match local efforts in historic preservation to : the rune of Sli million, maktn, it [he largest state contributor u(prererratiun j grant monies in the United States -nut ! baJ fur a rclanvcly puung state (cclehn[- m ~ Ins, bt the wat; its 1 JOth 1, inrUv~fl LlrthJac thi> year). "~" - AnJ spcakln_• of public- priratc pataterships, the people of Dclnv Bexh ~~ `" anJ dt( soceo(Florida are _ ~1Jp~ blcvscc nnh ~~ct anuJtcr d"'` :\lorthaln's Dcparvnent of 4J ~ State. Literallc tucked t _ wade in a corner of [he -- ~~ ~ Di+ision o(liistoncal F i= ~~ t ~ Re$Dnrces is the lID1DIC5- i't "-' scnnal endxldiment of communm- self-help and the multiplier effect ufPublic-private parmerine -the ; Florida 91ain Sveei Prosram and its a;tun- I dint)etalcncedconrdmator.BobTrescne. \lhat ac in Ddrey Beach have accnm- plished w Jate is lareeic the pruJ uct of the oh-instratin, "trial and error" ap- proach. Armed in the la[r 1980< a'it}t our \l V Ur. wren UL CC+rI\ C!5[n': cr CC Crnq C rcmursii relit. s+r marchd ouid:~ r.. oc- Dues; aivum: the aid u: uiucpnm or - renpc. Thanl~s to the resources. senices and methodolo_~~ of the Piorida \lain Street Proenm. others a-ishme to unu- ; laar our tndea,nrs need no; du su alone. The focus of Main Sircec is economic retitalizatiun within the contest of broad- based co:nmunin~ inrulvemcnt and com- minnen; on [hc part o(the adzrnn. l be Florida \1air. Srrre: Pro=ram often m the ' cummumn- a v IJc arras of proiecsional srn~ICes m the areas ui oreanizinon. economic structurim;, desl,m and promo- : urn, anJ It adds ro the process a small bu: +aluablc sum of s:am dollars ac `seed ntunct' in support Df the loci pru_ dm's Imnal undcr-a:.msc. 13r nrtualh am mcasurc, the I~lond \luln Sires Pnteram star we!! represent :Its mu.; proJuc:nc rte r.nnr::.d pu!ti!. IIu I:J r] amt .^.r"r m tree +:d[C u! I'io^.J: ; Indeed. Plond;l rciam rl'. aunlo; im. o-.:~ mrnc of lust ut rr $' nulbnr, cu:nu!a-n c:. goes Its maucw-atiun in lu.:< i;ac tid.l.- m direr Inuit :h.nt 5_'1111 nulhun ut Inc;~ rein+omtcnt in \Lun titre r: cumnul ni tin sutet+ide - a return nn public dollars nnntcJ of nturc than I INt nmrs'. Su suttcsstu! is [he Fonda \Ltin Street Pru_ram [h.r our friend anJ >omeumes ++urking partner, South Ba'; \lacor Clarence Anthunyt ac pre+idcnt of the Florida Lea_vr of Cities, has applieJ to the Dcp.lrmtent of Sum fur a nn[ to stuJr hut. the \Inn S;rec; Pruermn might 6c more broaJlc applied to the alder .lrrac of communion in Florida. Once gain, thanks fur urnr oruciuus recu_nitinn ut uur'aurk in pntl_ress." I lure's hnpinY tour rcco4rtition +t ill nurti- cu¢ anJ encuura_e others. Ttsl FLEtII]f., PR Uf.0.1tt \L+snrrk Pu+nrpplr Gr o:r lfdrn Sn~ee't lei. Drlr,rv Brtrd• ~Lt RJU0.1E FERRER. DD,rVTn\r] C.UURDISATDR Ur!r;rv Braeb Do_ ure_ n )uirrl l n:rnrr Ru.L llbun. ?arsmF. Urine r3or: i. !°~:err: ^rr'~y~C~nnrrnrr Tou I-\~~al. .\invoR Cin~ of~Urlrar !t'urcF ~IV ~T.+n L, PRESIDE\~r d~D CI1.+IR Pnrurppir Gru;r ller+r Sn~rrr pre:. FRiSCES BOCRUCE. P+S r CDAIR •]D UErE LUPUE~T CIUIP Ofi S.-no~! Sgmrrr Ir.<. (.1_U' \\~IDE4.\], P\Sl PRESIDE]T Urlrrrv 11nrlru+u.lrrwurrrtur D,om I IARDE ~. (.1"rY \i,~erF.F ~~r.^r uJ DrL ~n /Sr.r.F __~. F L O t: L "i r r. u I n. ,~ .~ ~, 1 1 v v n ,, . \ •- v i i .. Florida Main Street Begin Today! 10 Steps To Get You Started 1 Take a look at downtown as if you were a first time visitor. Is it clean? Is it attractive? Dces it feel safe? Does it have a nice range of products and services? What special events bring people downtown? 2 Inventor} your downtown's current businesses and employees and compare these to what existed 10 years ago. 3 fake a trip to a neighboring Main Street city. Take photos of what might work for your community. 'talk to residents and find out what worked for their downtown revitalization. 4 Invi'e a neighbaring Main Street Manager or a Florida Main Street staff person to your community to talk to people interested in the future and the opportunity to change yaur downtown. 5 Talk to your dawntown merchants. Get ideas on their personal vision of the future and how• to effect a positive change for greater downtown participation. 6 Begin cammunit}• involvement by sharing your downtown's history and the importance of its role in your community with ail school students. ,' Sponsor contests supported b}• your local newspaper. A contest to identify historical or architectural photos of downto•.vr, buildings is a great way to show how things have changed. 8 Be sure to encourage every person and group to tell local government officials how important do++•nto+vn is to them. Public-private partnerships can help bring life to your downtox>n. 9 Most importantly, if you hear of a downrown revitalization project in your community, join it! 10 Begin Toda f! Call Flarida Main Street (904) 487-2333 or ++•rite to Florida Main Street, Division of IIistarical I:esources, 500 South Brcnaugh Street, Tallahassee, Florida 32399-0250. ,.: w-. =.- ..._ . ~~ FLORIDA DEPARTMENT C1F STATE Sandra B. Northam Secretary of State 12 April 1996 Dear Community Leader, Last month, I announced the initiation of the 1996 application cycle for the Florida Main Street Program. This year's application deadline is July 26. In August, we plan to designate at least six new Florida Main Street communities. Forida Main Street encourages acommunity-based volunteer-oriented approach to the revitalization of historic downtown commercial districts. Each of the new Florida Main Street communities will receive up to three years of tran»ng and technical assistance from the statewide program conducted by the Department's Division of I-Lstorical Resources. The enclosed brochure provides a brief description of this highly successful program. Te zssisr i~teres*.ed communities in preparing applications and initiatine their local proe:ams, the Di~~sion will conduct a series of regional Pre-application \\'orkshops durng the month c; Mzy. Topics to be covered in these workshops will include: the Main Street Approach to downtown revitalization and preservatioq erganizatior, of an effective local Main Street program; and the Florida Main Street appbcation process. For more information, contact Florida Main Street at the Division's Bu-eau of Historic Preservation at (404)487-2333 or (800)847-7278. \\'ith help from Florida Main Street, communities across the state are brin¢in¢ about positive chane_ dotimtown -- encouraging rehabilitation and reuse of their historic commercial buildings, improving the area's ima¢e, and bringing businesses and people back. 1 am delighted that the Depar~ment is able to assist these local efforts. Sincerely, ~~~~~ Sec ary of State ~ SBM/edf ~%"1;z ~'r.. 4, `~t/' Florida Departmrnt of State Sandra B. Mortham, Secretary of State NEWS RELEASE For Immediate Release Contact: Goli Gharib 25 March 1996 (904) 414-5532 ggharib@mail. dos. state. fl. us FLORIDA MAIN STREET APPLICATIONS AVAII,ABLE Tallahassee--Secretary of State Sandra B. Mortham announced today that applications for designation as a 1996 Florida Main Street Community are available. Florida Main Street is a technical assistance and training program that encourages acommunity- based, volunteer-oriented approach to the revitalization of downtown commercial districts. The program is administered by the Florida Department of State, Division of Historical Resources. Since 1985, forty-one communities have been designated as Florida Main Street Communities. During this period, the Department has invested $2 million in the program while the local programs have committed $10 million to operations. The result has been $209 million in downtown reinvestment, 1000 new businesses, and 3300 newjobs. Communities with a downtown that contains a collection of historic commercial buildings and a population between 3,500 and 70,000 are eligible for the program. Organizations in these communities are encouraged to apply. The deadline for submitting an application is July 26. Secretary Mortham said "I am delighted that the Department is able to assist local efforts in bringing lively activities back downtown while preserving historic building stock and assisting local entrepreneurs. I'm proud of the Department of State's role in this grassroots movement." Applications are available from the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, 500 South Bronough Street, Tallahassee, FL 32399- 0250, or by calling (800) 847-7278 or (904) 487-2333. ~~~ ~.OR[L14HERlTA~GE (/luulu+r rr/f115(On[N Rcn>rrn'ro K A. (:nvt' IbvUdlryy • YMI S'rrrlh Bmnnlr~h Nrtvv 7iv4nhvttw~•. f7VIl(/(1 L'_1~~Ji1i(1 ~xu +s- t t In F7lJRIltA M.~iV Sl7fECf [xnick,n t~Hdririnlyd IPwwle,. ux1 Wrdh Nnnuav>:h 4ma 7Wkl/,acrir. /7.rn.Gv .f1,j~~n15C+ <xIr kr7-~ t.t~ ^ Tlu r~,niu i. pr.rcKled c. wtc,y r>t the Ilprif{i Hak~'rluplnrnl ~..nn~t6m ~uJ way finan.~J in p.ut with a hiarrcic (x.'vn.ntrm K raru fnnn dx (N, i~«•n ~>f Hi.:orKVI /~~ ' (Irr NI~~ h, Falnlli QL'(kIRRI[TI p1 V.rlr• -1SlLNtd fn' ((k IIM,RIt rfCiCn:111(~I, Mlvcxwv tWM'll F ~~ ,}~ ~, ~~: '. Sfii~.!fis#~ ~ . i y..tt,"~Y:i r :..xr- i r N S IIF^Fy~ i @~tY~@ c ..,K i Y L _- - - -- _ -_ -e_ _--- -- ~ l - ~~ _y~~-_- -- ~ ~ ~ ~'~ ~- ~ ~~T~ ~_. ~+ _ ::~ . s _ _ - - ~~ - _- { I 1 I ' Each of FlorMa s 75 Nam $Ireel crtms has rts own set of artractans ana ac COmph511me0I5 TG Ivr00u1 mOfe dOOUi Ift¢ FlonOa Main SbM program and rts parbapabng cars cal!19Ga11(f7Z77J r 1 i~Ha~. •~f ~. ..'r J.. LL_i '+'ea .,~ f= .. i d ~.•.r ~~ L_a F i W ~'i.__~.... f , rs`,i~Mr•... :~ ~'- i~ ~~.. _. ._ Zr.. ~~~ k ~~~. r]f~ti'~~ ~: ~a •, F 1~Jf. ~ ~ '~ , . KTj~• _ 4 .ti a' - `X` ~ : _~~ Q._.. ... ty;; . w s: . -~~~~~~ ~~~ v'~~~~ i~c~r"'~ -. '~'~I' _~--- ~1-ilir i / i~ ~"~^ r ~~~ ~ ~~~~ ,~ Vic. s ~ %- Y r i- .. ~~' ~ ~'- -- ~ - ~ ~r - ^r ,: f` _ ~~ ~ c y 4 ~,_< .~ ~'. ~y`;w ~r t:. 1.. .a` # ens .~ _ ~ ., ai, E ,s - .t ... b „ rr„ ~1 w t~ ` '~ - _ , 'c-- ~ i'! ~ :s~i tsc° -~ • -- ~~ ~ ;~ ~~ ~ ~~ _ - ~j >- r _ ~ +. i _ 1 ~ _~ UN'I'I II'; RI;BOl Nl) liti' I~~,OKII)~ !1~1 :> rg53~ -'.'. _ ry e By Mich~rl Zimny `~ ~ ,_ ~~ y -l ~ ~~ ~ BE~L~~BATES f ~ ~ _ ; ~. t ~ r 1~ __~ ~a~; ~~~ ~s~T~.= ~~fi~E ~ H~4RDW ~~ ~ ~,I I ~~- !- I~ ~ ~ ~ ~ - ~- .~ ~~a~ ~ ~- I ~~ ~ ~ \ rl + 1 r ~~ Lam' ~ i ~ ~,~ ~ 1 ~o ~ _ _~ ~1 1 Mr. Jim Jarboe, City Manaeer Page 2 July 2, 1996 as possible. Proposals have been received from two (2) companies, and the lower amount was for $3,492 to Aldor Sales, Inc. With your approval, we will ask Purchasing to review the proposals, seek any additional proposals that they deem appropriate, and award the repair work as soon as the can feasibly do so. If you need any additional information, please do not hesitate to call. MEMO To: Mr. Jim Jarboe, Citv_ A4 alter From: Da~~d E. Thompso hector of Public Safety Subject: Emergency Purchase for Garage Door Operators Date: July ?, 1996 I have reviewed the situation in the Fire Department relative to the garage door operators, and I concur with their opinion that an emergency exits in having them repaired. The doors create several dangers due to their construction. The doors have glass panels, not Plexiglas. The glass panels are very heavy, and the doors require powerful mechanisms to lift them. This also means that when they close, they close with a great deal of force. At this time, there are no operable safety mechanisms to prevent the doors from crushing anything under them when they close. When they close, they do so completely with no regard for anything in their path. This was part ofthe problem several months ago wfien one ofthe doors did several thousand dollars of damage to a fire engine. With real glass in the panels, if something breaks the glass, it shatters everywhere and endangers everyone in the area. This has happened more than once in the past, and the glass has Sown throughout the carport area. This could easily be prevented with the replacement of the glass panels. The sensor mechanisms in the doors aze inconsistent and sometimes inoperable. In other words, there are times wfien the fire members hit the controls to raise the doors, and they do not work. it may take several minutes to get the doors to work, and this delays the response of the department to emergencies. Sometimes, the fire fighters must raise the doors manually, which is time consuming and causes a delay in the response time. One of the doors does not operate at all. The gears aze damaged, the opener doesn't work, and if someone tries to open it manually, they must prop up the door. This happened last week, and the door fell off of the support. Several department members had to jump away from the door to avoid injury. Currently the door remains closed. and the fire bay is not useable. Summam' Considering the dangers that the doors create for the fire fighters. and the delays it causes in the Fire Department responses to medical and fire emergencies, i would define this situation as an emergency. The typical purchasing process of bidding the replacement of the garage door operators would not result in a timely response. We recommend awarding the work based on a competitive proposals to have the proper garage door operators purchased and installed as soon 8A WELDING TROUBLESHOOTING & REPAIR BID SUMMARY FORM BIDDER'S NAME: VIAPLIiX METAL FABRICATION CO. , INC. HOURLY RA1E CERTIFICATION: JOURNEYMAN STRUCTURAL WELDER 1 ST CLASS PIPEFI7TER 2ND CLASS PFPEFITTER HELPER OVERHEAD AND PROFFT (Percentage applied to Total Labor & Materials PREMIUM FOR WEEKEND OR HOLIDAY WORK (Perxntage, ifapplicable) JOURNEYMAN STRUCTURAL, WELDER 1st CLASS PIPEFITTER 2nd CLASS PIPEFITTER HELPER S $39.00 Per man hour S $29.00 per man hour S $24.00 per man hour S $19.00 pec man hour 20 20 OVIRTIl~ HOURLY RATE $ 37.00 $ 37.00 $ 30.50 $ 26.00 f' • JLLV 26 '% ©7: 1~1faf1 RTL Fi~,H rjTY FtiiLL 6-21 - Mailing Liat: Moody Fabrication b Machine 13911 Atlantic Boulevard Jacksonville, FL 32225 220-0455 ~Q- S/O Dial's Welding 6 Fabrication 1511 Marcheck Street ~ Jacksonville, FL 32211 743-8520 J~ ~1~' Z Cannon welding ~~ 5160 Richard Street Jacksonville, FL 32216 733-3524 7 ~j _ (06 / Z Viaplex Welding 1000 East 8th Street Jacksonville, FL 32266 z ~9 - 9~ss ~3z-coy ~ Thompson Repair ~ 4857 Dignen Street Jacksonville, P'i 32254 364-5175 38y -'fro33 Liddy'e :lachioe Shop, Inc. _ 825 Dora Street Jacksonville, FL 32204 334-0134 ,?Syt - O'f95 M 6 R Fabrication, Inc. 8544 103rd Street ~ Jacksonville, FL 32210 573-9777 s 73 • Oo3o Morrow BrotheYS Certified Welding ~ 5408 San Juan Avenue Jacksonville, FL 32210 388-1818 P.1 Farmer Mobile Welding b Fabrication 7962 Lavender Lane / Jacksonville, FL 32244 Z87-3301 A Performance Bond will be required of the successful bidder, and bid prices shall remain valid foz sixty (60) days after the public opening of the bids. Goods and services proposed shall meet all requirements of the Ordinances of [he City of Atlantic Beach, Florida. The City of Atlantic Beach reserves the right to reject any and all bids, waive informalities and technicalities, make award in whole or part with or without cause, and to make the award in what is deemed to be in the best interest of the Cicy of Atlantic Beach. A person or affiliate who has been placed on the convicted vendor list fallowing a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services [o a public entity, may not submit a bid on a contract 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 the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months, from the date of being placed on the convicted vendor list. (Section 287.133(2)(a), FLORIDA STATUTES.) Joan LaVake Purchasing Agent CITY OF ~tF.a.ctlc b'eacls - ~lozulu .._--- _._-. f'++_.__._.__.. _____. 900 SEA11N'OLE NUAU - - - - -~ - `- - ATLANTIC BEACH, FWRHAI J223J-S.LIi ~-~ TELEPHONE (9041 },r/.5gpp ~y,u FAX f90a) 7R7-5805 May 26, 1996 CITY OF ATLANTIC BEACH INVITATION TO BID NOTICE is hereby given that the City of Atlantic Beach, Florida, will receive sealed bids in the Office of the Purchasing Agent, City Hall, 800 Seminole Road, Atlantic Beach, Florida 32233, until 4:00 PM, Thursday, June 20, 1996, for a METAL FABRICATOR AND WELDING CONTRACTOR [o provide welding and fabrication repair work needed at the City's water and sewer facilities for a ONE (1) YEAR PERIOD. In order to insure that all prospective bidders have sufficient information and understanding of the CI[y's needs, a pre-bid conference will be held a[ [he City Hall Commission Chamber, 800 Seminole Road, Atlantic Beach, Florida. All welding contractors interested in submitting a bid are encouraged to attend. Bids shall be enclosed in an envelope endorsed "BID NO. 9596-21 - METAL FABRICATOR AND WELDING CONTRACTOR, TO BE OPENED AFTER 4:00 PM, THURSDAY, ,TUNE 20, 1996." SCOPE OF WORK: It is [he intent of the City to select one metal fabric and welding contractor to provide the welding and fabrication repair work needed at the City's water and sewer facilities. The objectives are [o obtain the best welding repair services while minimizing cost to the City, All work shall be performed and supervised by a qualified welder. Proof of welding certifications must accompany the bid. Bid Forms, and information regarding :he bid, may be obtained from the Office of the Purchasing Agent, 800 Seminole Road, Atlantic Beach, Florida 32233, telephone (904) 247-5818. -- - ^"Y°~nzw .v nn SUBMITTED IN BID PACKAGE AT BIll OPENING: 1. Bid Bond in the amount of 57 of the bid. 2. List of at least three (3) jobs of a similar nature which have been completed by the bidder. 3. ORIGINAL Insurance Certificates (copies or Xeroxes are UNACC~ gLE) naming the City of Atlantic Beach as Certificate Holder, showing they have obtained and will continue to carry Workers' Compensation, public and private liability, and property damage insurance during the life of [he contract. 4. Proof of Contractor's Licenses (copies ARE acceptable). / 5. Signed copy of Document Requirements Checklist. ~ 'G/ f , i'~ ~~. ~ /~~i CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEH: BID FOR HETAL FABRICATION AND WELDING FOR THE /1~ WATER AND SEWER FACILITIES SUBMITTED BY: Robert S. Kosoy/Director of Public Works Tim N. Townsend/Plant Division Director DATE: June 25, 1996 BACKGROUND: On Thursday, June 20, 1996, bids were opened on the Welding and Metal Fabrication Contract. One bid was received from Viapiex Welders. The bid was well advertised and no vendor protested the bid specifications or Scope of Work. The bid of $29.00/Hour is well within Staff estimates for the bid. The 20$ mark-up is identical to similar bids for electrical and pump repairs. The Water and Sewer Divisions of both Buccaneer and Atlantic Beach Utilities have need for regular welding repair and metal fabrication for corroded equipment. This contract will allow the prompt repair of sewer and water facilities and allow the City to maintain compliance with HRS and DEP permits and regulations. RECOMMENDATION: Award Bid To Viapiex Welders ATTACHMENTS: Bid Specifications and Required Bid Documents From aplex Welders ,~ REVIEWED BY CITY MANAGER: ' ~/ i AGENDA ITEM NO. ~ ~_ Q H m X W `~~ ~K r M $$s a 3e s, ~~ g~ .u n M pN~ ~ 1 ~ pQ M `e(O ~_ P ~r r ~» g~ P g ri ~~ ~e ~~ w M gng el i~ P Sg ~n ~' ~ r ga r M as ~~ ~= N SN ryO M ~ /.'.: O ss :<: ~ ,: t . 2 O 2 V~ J do W F O~ r- LL O 0~ N Q ~~ N ~ 2 a P ~_ ~fj M ~O( ~ 2(w2 ~i i~ ~ s $' n~ '~ O r a~M 4 n0 ^~tl M M a~ h w f~~ ~» $ ,~ 8 ,~ eN ~gQS P ~{M r n~ s$ M ~~ ~y.: O "ate ~= >« ^ ~a N ~ „N+ h ~ A ~" ~» ~: i <,,..x.~...,..,_ ~ Y IN WITNESS THEREOF, the parties have caused this Agreement to be signed in their respective names by their respective representatives and have executed this Agreement this day of 1996. FOR THE CITY: Jim Jarboe, City Manager FOR THE UNION: Paul Fafeita, Staff Representative, FOP David Thompson, Public Safety Director Victor Raynor, President, Lodge 107 Attest: City Clerk 53 ARTICLE 33 This agreement shall wmmence and become effective on the _ day of , 19 ,and shall con[inue in full force and effect until midnight on the Thirtieth day of September, 1997. If either party desires to negotiate a successor agreement, it may do so by giving the other party written notice to that effect no later than May 1, 1997. If written notice to negotiate a successor agreement is given by May 1, 1997, the negotiations shall wmmetrce no later than May 15, 1997. Either party, F.O.P. or city, may reopen four (4) articles each in 1995 and two (2) articles each in 1996. If either party desires to reopen, it must do so by giving the other party written notice to that effect. Such notice must be received by the other party rat less than ninety (90) days prior to October first of each year. 52 ARTICLE 32 32.1 The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter na removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Public Employer and the Union for the duration of this Agreement each voluntarily and unqualifiedly wmves the right and each agrees that the other shall not be obligated to bargaining collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the same time they negaiated or signed this Agreement. 51 ARTICLE 32 32.1 Effective October 1, 1996 there will be the creation of three (3) sergeant positions in the 96/97 budget. It is understood that once the positions are created the City and the Union must nego[ia[e the details of that position, which include and are not limited to; pay, selection, appointment, etc., in which will be considered impact bargaining. 50 ARTICLE 31 31.1 In the event any Article, Section or portion of this Agreement should be held invalid and unenforceable by any court of competent jurisdiction such decision shall apply to the specific Article, Section or portion thereof specified in the court's decision; and upon issuance of such decision, the Public Employer and the Union agree to immediately negotiate a substitute for the invalidated Article, Section or Portion thereof. 49 ARTICLE 30 30.1 The Public Employer retains all rights, powers, functions and authority it had prior to the signing of this contract except as such rights are specifically relinquished or abridged in this contract. 48 ARTICLE 29 29.1 This Agreement contains the complete Agreement between the City and the FOP and no additions, waivers, deletions, changes or amendments shall be made during the life of the Agreement except by mutual consent in writing of the parties hereto. 47 ARTICLE 28 28.1 !n accordance with applicable Federal and State Law, both the City and Union agree that they will not discriminate on the basis of race, age, national origin, religion, color, creed, sex, physical handicap, or Union membership or non-membership. The City and FOP affirm their joint opposition to any discriminatory practice in connection with employment, promotion, or training; remembering that the public interest remains the full utilization or employees' skill and ability without regard to consideration or race, color, creed, national origin, sex, religion, age or physical handicap. - 46 c. d. e. f. Opiate Metabolites 300 ng/ml Morphine 300 ng/ml GC/MS Phencyclidine 25 ng/ml PCP 25 ngJml GC/MS Marijuana Metabolites 50 ng/ml Total ng 15 ng/ml Delta 9-THC Barbiturates 300 ng/ml 300 ng/ml When alcohol screening is required under the provisions of this policy, the standard which shall be used to determine what level of alcohol shall be considered as positive shall be .04 grams per deciliter. 45 An employee may be granted a one time leave of absence without pay, not [o exceed sixty (60) days, to under go treatment for alcohol or substance abuse pursuant to an approved treatment program. No employee benefits shall accrue during this period. The request must be voluntarily made in writing prior to the institution of disciplinary measures for alcohol or substance abuse. The City has the right to search lockers, handbags, lunch boxes, other containers, or other personal effects of employees on duty or on City property at any time provided the City has reasonable suspicion, to believe that an employee possesses or is under the influence of drugs or alcohol. If deemed necessary by the City, the employees themselves may be asked to submit to a search, Provided [hat at no time will any employee be searched by or in the presence of a member of the opposite sex. Further such search shall be in the nature of a "pat-down," and shall take place in a locations as not to unnecessarily embat7ass the employee. An employee's refusal to cooperate with or submit to a search may be treated as serious insubordination that warrants immediate discipline, including discharge. g. All employees who must use a prescription drug that causes adverse side effects (drowsiness or impaired reflexes or reaction time) shall inform the City that they are taking such medication on the advice of a physician. It is the employee's responsibility to inform the City of the possible side effects of the drug on performance and expected duration of use. h. Except as stated in subsection e. of this Article, the cost of drug and alcohol screening tests shall be paid by the City. The City retains the right to maintain discipline or invoke disciplinary measures in the case of conduct which may result from or be associated with alcohol or substance abuse. j. Decisions of an arbitrator under this Article shall be limited to a determination of .;'~et~~;r or not the City had reasonable suspicion, and whether or not the employee was under the influence of alcohol or drugs, and not the disciplinary measures imposed by the Ci[y. 27.3 When drug screening is required under the provisions of this policy, the following standards shall be used to determine what levels of detected substances shall be considered as positive: DRAG GROUP SCREENING TEST CONFIRM A'L_TORY TEST a. Amphetamines 300 ng/ml Amphetamine 500 ng/ml GC/M5 b. Cocaine Metabolites 300 ng/ml Metabolite 150 ng/ml GC/MS 44 ARTICI.k: 27 A1.~4H41~AN12_I?RU~i TESTIIISi 27.1 Both the City and Union recognize that drug and alcohol abuse is a growing problem among our na[ion's work force. The City and the Union also recognize the tremendous cost, both in terms of efficiency and in human suffering caused by needless work place accidents. Acknowledging the necessity for action. 27.2 The following Alcohol and Drug Testing Program is hereby initiated. a. All applicants may be subject to drug and alcohol testing. b. In the event the City has a reasonable suspicion to believe that an employee is under the Influence of drugs or alcohol on duty, the City may requite that the employee submit to breathalyser tests, blood tests, urinalysis, and/or other appropriate testing. Should the employee test positive to a drug test, the City will utilize a confirmatory process before instituting action. c. In the event the City requests that an employee, while on duty, submit to breath, blood, urine and/or other tests and the employee chooses not to submit to such test or tests, the reasonable suspicion to believe the employee was under the influence shall be justification for discipline, including discharge. d. If the employee submits to the tests and the results indicate alcohol or drug use (other than as indicated in Section h), the employee shall be discharged or suspended without pay at the discretion of the City. After Chitty (30} days have passed, a suspended employee desiring reinstatement shall, upon written request be given the opportunity to submit to further blood or urine drug/alcohol screening tests, at the employee's expense. If such tests indicate the absence of alcohol or a controlled substance, the employee may be reinstated at the discretion of the City. In the even! forty (40) days have passed and the City has not received the written request signed by the employee, to take the alcohol or substance abuse test, or the employee has failed to take such tests at a time and location designated by the City, the employee shall be discharged. An employee who is reinstated under this Section shall be subject to random testing during a two (2) year period following the initial test. Should such employee test positive during this two year period he shall be discharged. 43 26.5 An employee who is assigned to temporarily act as a Field Training Officer shall receive pay at a rate of five (5%) percent above the employee's regular hourly rate of pay for the hours that the employee is engaged in actual training and has a trainee riding with the employee for performance of the Field Training Process. If [he employee acting as a Field Training Officer fails to perform the duties of Field Training Offcer satisfactorily, the employee shall no[ receive the five (5%) percent increase. 42 ARTICLE 26 26.1 Employees covered by this Agreement, employed prior to October I, 1995, shall receive a cost of living adjustment of three percent (3%) retroactive to October I, 1995. In addi[ion the employees will receive a one time one percent (1 %) bonus to be paid at the signing of the contract. The existing pay plan has been removed and [he wages will be negotiated each contract. (Exhibit A, will identify a phantom range plan for the purpose of determining placement between the range.) 26.2 Entrance Salary Determination Except as provided herein, original appointment to the classification of Police Officer will be made at the entrance rate. The City Manager may approve initial wmpensation at a higher tare than the minimum rate in the range for the position classification, not exceed 6`% above entrarce rate, when the needs of the service make such action necessary. Such decision shall not be subject to the grievance or arbitration provisions of this Agreement. 26.3 Any employee covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division as a detective shall receive pay at a rate five (5 %) percent above the employee's regulaz hourly rate of pay. 26.4 Any Employee covered by this Agreement who is temporarily required by the Chief of Police or his designee to perform the duties of a Lieutenant shall receive pay at a rate five (5%) percent above the employee's regular rate of pay, provided that no other Lieutenant is on duty and that. a. The duties and responsibilities of the higher classification are assumed in full for a minimum of tour (4) uninterrupted hours; and The assignment is not (or the purpose of on-the-job training. If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the Lieutenant position. 41 ARTICLE 25 25.1 The City agrees to provide at no cost to the employee, the services of an attorney to defend the employee against any civil actions brought against him while acting as an agent of the City, in the line of duty and on the City's behalf, unless such action is bought about by an act of the employee due to his own violation of Department Rules, Policies, Procedures or Instructions, negligence, carelessness or the employee acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety, or property. 25.2 It is understood and agreed that all employees shall furnish notification in writing of their intent to file suit in any court of law, to the Public Employer, no less than ten (10) working days before the actual filing date, provided the lawsuit affects or is related in any manner with the Public employer. 25.3 Any employee involved in an accident with a vehicle owned by the Public Employer, and said accident is the result of equipment failure or defect and the defect was such that a reasonable and prudent person would not have noticed or become aware of the defect, shall not be held accountable by the Public Employer or results thereof. Any alleged equipment failure or defect must be repotted at the time of the accident and included in the vehicle defects section of the report. Neglect by the employee to notify his supervisor of any defect in the vehicle will make this provision null and void. 40 ARTICLE 24 MILEAGE ALLOWANCE 24.1 Employees directed by the Chief of Police or his designee to use their private automobiles for City business, shall be compensated at the rate current l.R.S. Rate. 39 any subject, suspect, or patty through all legal processes. Any reimbursement or restitution received by the victim employee shall be immediately paid to the City. 38 23.2 The City will replace or repair the above items as they become torn, worn or unserviceable due to the performance of the employee's official duty. Any claim for a repair or replacetnen[ under this Section must be accompanied by a written explanation addressed to the Chief of Police by the employee's supervisor, setting forth the circumstances necessitating the replacement or repair. "The torn, worn, or unserviceable item shall be presented to the Chief or Police or his designee for inspection and determination as [o whether the item should be replaced or repaired. It shall be the decision of the Chief or Police or his designee as to whether the item shall be replaced or repaired. 23.3 Any employee who damages, destroys, or loses any furnished article of uniform due to carelessness or negligence will replace the article (or at the satisfaction of the City repair) the article at his own expense, or such cost of replacement shall be deducted from the employee's pay. 23.4 The employee shall wear the articles of the uniform listed in Section 23.1 only for official City business. 23.5 Upon termination of employment for any reason, the employee shall return to the City all articles of the uniform issued by the City or be required to pay for such articles prior to receiving his final pay check or have the cost of the items not turned in deducted from the employee's final pay check. 23.6 The City agrees to provide for the cleaning of a maximum of forty-eight (48) uniforms (shirts and pants) per employee per quarter. 23.7 Tne city shall provide for the Detectives covered by this agreement a clothing allowance of six-hundred ($000.00) dollars per year to be paid quarterly. 23.8 Any prescription glasses (not sun glasses) contact lenses, false teeth or partial plates damaged, destroyed or stolen while an officer is acting in the performance of his official duties for the City, shall be replaced or repaired by the City, up to a maximum cost of $300.00, provided the damage or loss is not the result of the employee's negligence. Such claim for repair or replacement shall be supported by written explanation as to how the damage/loss occurred and be accompanied by documentation of the original cost of said item, and shall be subject to provisions pertaining to the processing of such claims as set forth by the Chief of Police. Wrist Watches damage/destroyed shall be repaired or replaced up to a value of $50.00. Thz same restrictions, requirements and procedures shall be followed as set forth in the above paragraph. If the loss is covered by any insurance policy owned by the victim employee, then the City will be reimbursed for any replacement item in the amount allowed and paid by the insurance company. The victim employee shall assist the city in obtaining restitution from 37 23.1 The City will furnish to a!I sworn bargaining unit employees who are required to wear such uniform in the performance of their duties an initial issue of the following upon employment: I. Five (5) shins ll. Four (4) keepers 2. Five (5) pants 12. One (1) handcuff case 3. One (1) raincoat 4. One (I) light weight jacket 5. One heavy weight jacket upon request 6. One (l) pair of shoes 7. One (l) set of collar brass 8. One (1) badge 9. One (1) name plate 10. One (I) gun belt and buckle I I . One (1) approved intermediate impact weapon and holder of officer choice 13. One (1) pair of handcuffs 14. One (1) handgun 15. One (1) holster 16. Two (2) magazines 17. Two (2) magazine pouches 18. One (l) radio holder 19. One (1) soft body armor (to be threat level II or above upon request from contract date forward) 36 AR'IlCL6 22 22.1 The FOP may be permitted to provide 'or its own use three bulletin boards not to exceed 4' X 3' in dimension, provided the bulletin board shall be located only in the squad room. 22.2 The FOP agrees it shall use the space on the bulletin board provided for herein only for the following purpose; Notices of FOP mcedngs, notices of internal elections for FOP offices, reports of FOP committees, policies of the FOP, recreation and social affairs of the FOP, and notices by public bodies. In rro event shall fie bulletin board be used to post political material or controversial material. The president and the Sceretary of the FOP are the only authorized representatives to post material on the bulletin board. Said representatives shall initial and date all material which is posted. 22.3 The Chief of Police or his designee shall decide whether or not Section 22,2 has been violated. Should it be determined that a violation has occurred the FOP shall immediately remove the posted material. 35 nKTlct_E zl 21. I The Public Employer and the Union agree that they will conform to all laws relating to safety, health, sanitation and working conditions. The Public Employer and the Union will cooperate in the continuing objec[ive of elimination safety and health hazards where they are shown to exist. 21.2 Safety practices may be improved upon from time to time by the Public Employer and upon recommendations of the Public Employer arRl the Union. Protected devices, apparel, and equipment when provided by the Public Employer must be used and any failure to obey safety regulations or to use safety devices shall be just cause for disciplinary action. 34 AR"I'ICLE 20 20.1 The City agrees to continue to provide employees with a group term life insurance policy providing for coverage equal to $20,000. The City agrees to pay the premiums for the employees' coverage for such insurance. 20.2 The City agrees to provide group health insurance coverage through an HMO, PPO, and/or other insurance means for all eligible employees covered under this Agreement, and agrees to contribute to the cost of such coverage aS set forth in Section 20.3. 20.3 The City's maximum contribur~on for the insuratrce set forth in Section 20.2 of this article shall be set at the per employee, per month premium set by the insurance carrier as of January 1, 1994. It is understood and agreed to by the Union, that if the premium set by the insurance carrier on January 1, 1994 exceeds the premium for 1993 by more than ten (10) percent, the union will return to the negotiation table to renegotiate this article tro later than January 31, 1994. !t is understood and agreed to by the Ciry that if premiums assessed by the HMO, PPO and or other insurance carrier during the year 1994 execed the amount set on January 1, 1994 per month per covered employee, the City will return to the negotiation table to renegotiate this article no later than thirty (30) days from the increase in premiums. 33 ARTICLE I9 TS11"LION. AIUi: 19. I An employee who has achieved permanent staves and has completed the probationary period, will be eligible to take courses which are approved in advance by the Police Chief as being law enforcement related. Upon successful completion of the course, (for college accredited or any other grade course), if the employee receives grades as follows for each course taken, the city shall reimburse the employee as follows: "A" -the city shall reimburse the employee 100% for the cost of tuition and books. "B" -the city shall reimburse the employee 75 % of the cost of tuition and books. "C" -the city shall reimburse the employee 50% of the cost of tuition and books. The employee must present written evidence of completion of the course and the grade achieved to validate payment from the employer. The employee shall supply the Chief of Police with written notice of the course(s) to be taken, information on the course(s) content and the cost of each course, and receive approval prior to registration for the course(s) which the employee is requesting reimbursement. 19.2 An employee who does not remain with the City for a minimum of three (3) full years after completion of a course for which he has received education assistance shall repay the reimbursement to the city at the following rate: Employee leaves after one year of continuous service after completion of a course he repays two-thirds (2/3) of the monies received. Employee leaves after two years of continuous service after completion of a course he repays one-third (1/3) of the monies received. Employee leaves after three years of continuous service afer completion of a course he repays no monies. 1U.3 Should there be no funds available form the Citc Training Fund the City will not be rcyuired to reimburse [he employee under Becton 2S.I. The Cin• will advise the ernplocee before the employee takes a course if the (ln anticipates that no funds will be available. 19.a In the event the employee is eligible for tuition aide from any other source, such as, but not limited to Veteran's Benefits, the payments due under this article will be reduced by the amount of benefits paid by other sources. 32 "I~he decision to Brant or deny special benefits is not subject to the grievance or arbitration provisions of the agreement. 18.3 If the employcc brings litigation or administra[ive action under [he provisions of the Worker's Compensation Act while under the above benefits, entitlement to any special benefits shall terminate immediately. 18.4 The City may require the employee to be examined every twenty (20) calenaar days by a rnedical doctor selected by the City to determine whether the employee should be continued on such leave or returned to duty. t8.5 In the event that an employee fails to return to work due to a disagreement between medical doctor(s) for the employce and the city, ten the city shall select a third, duly qualified medical doctor who shall resolve the medical disagreement. This medical examination shall be at the employee's expense. In resolving the disagreement between the employee's doctor and the city's doctor the decision of the third doctor shall be fins! and not subject to grievance. 18.6 Where injury is caused by the knowing refusal of the employee to use a safety appliance provided by the City, the unemployment compensation benefits shall be reduced twenty- five percent (25 ~). Failure to obey safety regulations or to use safety devices shall result in disciplinary action, up to and including discharge. 31 ARl'ICLE 18 18.1 Any employee covered by this Agreement who sustains a temporary disability as a result of accidental injury in the course of and arising out of employment by the Public Employer, shall, in addition to the benefits payable under the Workers' Compensation Law of the State of Florida, be entitled to the following benefits: a. When an employce is absent due to compensable injury, the City will pay oce- hundred (100`%) percent of an employce's'average daily earnings for each regularly scheduled work day missed beginning with the first calendar day of the authorized disability, and wntinuing through the seventh calendar day of the authorized disability. However, in no case shall these payments and those paid through Workers' Compensation exceed the employces normal net salary. Any amount paid by the city to the employee which is subsequently paid by Workers' Compensation shall be reimbursed by the employee to the city. An employee sustaining a lost time injury under this Article may use accumulated Personal Leave bays to cover the time eff the job due to an injury until he is compensated by Workers' Compensation. Personal Leave Days can be used w supplement that percentage (33 1/3%) of his pay which is not twvered by Workers' Compensation. The request to allow the employce to do the above must be made to the Chief of Police in writing. 18.2 In addition to the benefits afforded under section a. an employee, subsequent to exhausting all Personal Leave Days, may be awarded special benefits by the city if special circumstances are found to exist in the sole opinion of the City Manager. But such payments shall not, when added to Workers' Compensation benefits, total more than the normal regular pay received by the employce immediately prior to such disability, nor may such payments continue longer than one year from the date of injury. Factors which the City Manager may consider in each instance are as follows: Consideration of degree of responsibility of employee/employer. Obedience to or violation of laws. statures, or ordinances im~olved in connection +sith the causes of such disability. 3. Obedience to or violation of any Department rules, regulations and policies procedures, published work rule or instructions to the employee by supervisors involving the cause of the disability. 30 17.5 Per the purpose of taking compensatory time off the employee shall request in writing to he allowed to utilize his accrued hours, and shall designate the day(s) he wants off. Compensatory time off shall be scheduled at [he discretion of the Chief of Police or his designee, but every effort will be made [o meet the employee's convenience. All accrued compensatory time off in excess of ten (10) hours must be taken during the fiscal year (October 1 -September 30) in which it is earned. If trot, the employee shall receive a cash payment for the excess unused compensatory time on or before November IS of the following fiscal year at the regular hourly rate earned by the employee at the time the employee receives such payment. 17.6 Hours worked in excess of the employee's scheduled work shift due to emergency situations such as hurricanes, tornadoes, civil disorders and other like matters, will be compensated for at the rate of one and one-half ('f 'f~) times the employee's regulaz hourly rate of pay. 17.7 When an employee is required to appear as a witness at a deposition on a pending criminal, civil, or traffic case or as a witness in a pending departmental disciplinary action, where the employee is or was involved in his official police capacity, and such appearance occurs when the employee is scheduled to be off duty, he shall be compensated at the overtime rate of pay for the reasonable time spent traveling to and from the location of the deposition and for the time spent in performing his duties as a witness, with a minimum of three (3) hours. Provided, however, the employee must submit to the Police Chief a copy of any notice of deposition and must remit to the City any witness fee or toes received in connection with the appearance. 17.8 In changing work schedules, management will take into consideration the interests of the employees affected and the needs of the department. The City will give as much advance notice as possible. Where possible there should be a minimum of twelve hours between the completion of the employee's prior work shift and the beginning of the next work shift. This section does not apply in overtime circumstances. 17.9 If a training day is canceled, the effected employee shall have the option of using compensatory time or personal leave to cover the canceled day unless scheduled to work by the City. If the employee has fifty (50) hours of compensatory time or less accrued, the employee may work on that training day on the shin he is scheduled to work for that twenty~ight (28) day work cycle. and shall notify the effected shift supervisor of that intention and for assignment. 29 AR"I'ICLI: 17 17. I "I'he bargaining unit employee's basic work period shall be based on the Fair labor and Standards Act with a work period of twenty~ight (28) days. The basic work week for an employee covered by this Agreement will consist of an average of forty-two and three- quarters (42.75) hours per week. When the City deems it necessary, the basic work week may be changed, provided the employees are given at least seven (7) celendar days notice prior to the change. 17.2 Whenever the Chief of Police or the Ci[y Manager permits an employee (at the employee's request) to attend a training seminar or training program which is trot specifically assigned, the employee shall have no right to receive any compensation or compensatory time for the hours spen[ traveling to or from or attending the seminar or program. However, the Chief of Police or City manager tnay at their discretion compensate the employee for attending the seminar or program and/or reimburse the employee for travel or lodging expenses. Such decision is not subject to the grievance or arbitration procedures of this agreement. 17.3 Except as provided in Section 17.4 all hours worked in excess of an employee's basic work shift shall be considered overtime and shall be compensated at the rate of one and one-half (1 '/z) times the employee's regular hourly rate of pay. 17.4 An employee will have the option of receiving compensatory time off or overtime pay provided 85 % or more or the overtime budget has not been expended at the time the overtime work is performed. However, the maximum amount of compensatory time which may be accrued under this agreement (including Article 12 and Article 17) is fifty (50) hours of compensatory time. Under this Article, compensatory time shall be acerued at the same rate as overtime pay, i.e. one and one-half (I '/z) times. Once an employee accrues fifty (50) hours of compensatory time, no further accrual of compensatory time will be allowed. Thereafter, hours worked in excess of an employee's regular scheduled work shift shall be considered overtime and be wmpensated at the rate of one and one- half (I 'h) times the employee's regular hourly rate of pay. If an employee accrues an excess of fifty (50) hours of compensatory time because of time given for holidays or other circumstances. the employee will decrease the excess compensatory time within thim days of the excess accrual on a voluntary basis. or time off will be assigned by the Chief of Police or his designee to decrease the compensatory time in excess of fifty (50) hours. 28 AR"1'ICLE 16 16. I Employees covered by this agreement may be granted, upon approval of the Chief of Police and City Manager, time off with pay not to exceed three calendar days, in the event of a death in the employee's immediate family for the purpose of attending the funeral of the deceased relative. An employee may be granted up to four (4) hours off with pay if the employee is required to act as a poll-bearer for a deceased member of the Atlantic Beach Police Department. ~. I6.2 "[he employee's immediate family shall be defined as the employee's spouse, father. mother, son, daughter, brother, sister, father-in-law, mother-in-law, grandparents, step- parents, step-child, step-brother, step-sister and any other rcember of kinship who may be residing under the same roof with an employee during the tune of death. 16.3 Funeral leave or bereavement leave shall not be charged to personal leave days. 16.4 "Ihe employee may be required to provide the Chief of Police with verification of death before compensation is approved. 27 ARTICLE IS MILITARY LEAVE I5. I The employer and the union agree to comply with the provisions set forth in the Vietnam Era Veteran's Readjustment Assistance Act of 1974 (formerly the Military Selective Service Act of 1967). 15.2 Employees who by reason of membership in the United States Military Reserve or the National Guard, and who by the appropriate autltOsrity are ordered to attend annual training periods, shall be granted leave with pay for such training nor to exceed seventeen (17) worsting days annually, and shall not have this tithe deducted from personal leave hours. 15.3 No employee entitled to miliary leave shall lose the rank, grade, rating or seniority held by him at the time such leave is granted. 15.4 Employees requesting military leave are responsible for notifying the Chief of Police as soon as possible of the dates for such training period(s) and to provide an official set of orders. 26 ARTICLE 14 14.1 The City shall conform to the Family Medical Leave Act (FMLA) and all employees are entitled to twelve (12) weeks of unpaid leave per twelve (l2) month period for reason specified in the FMLA, and in accordance with the Department Policy governing same. This leave shall be granted after all Personal Leave and Compensatory Time has been exhausted. 14.2 Leaves of absettce without pay may also be grana4i for other reasons deemed atxeptable to management other than those covered in 14.1. 14.3. All leaves, with or without pay, must be requested by the employee in writing and must be approved by the City Manager in writing before becoming effective. I4.4 An employce's starting date will be adjusted for leaves of absence without pay. 14.5 The decision whether to grant or to deny a request for leave without pay shall not be subject to the grievance or atfiitration procedures of this Agreement. 25 "I1iNllRli Maximum no. of Personal !.cave Hours Accumulated each Bi-weekly Pay Period (provided maximum cap has not been reached) I st year 2nd year Beg. 3rd through 4th yr. Beg. 5th through 9th yr. Beg. 10th through 14th yr Beg. 15th and over 4.93 4.93 4.93 6.47 8.0 9.54 f" 24 e. For Personal Leave Hours used for illness, the Ci[y always retains the right to require medical documentation of the illness . For hours permissibly accumulated under this Article, the employee may elect to be paid in cash (upon completion of one year of continuous, uninterrupted employment with the city) or choose to continue to accrue the days up to the maximum arcual level set forth in this Anicle. For the purpose of cashing in accrued leave time, the Public Employer will permit the employee to make a request for payment two times during the year as follows: on the first payday in June, and on the first payday in December. Cash withdrawals are restricted to the excess over 120 hours in the Personal Leave Account on the designated withdrawal date. Request forms as available in City Hall. Requests must be submitted at least two weeks preceding each of the above dates. g. No Personal leave Hours may accumulate to an employee on leave without pay, or one who has been suspended for disciplirtary purposes, or oce has accumulated the maximum under 13.1 (c). h. Personal Leave Hours shall accumulate during each pay period and shall be credited to the employee at the end of the pay period. An eligible employee who resigns with at least two weeks mice, is laid off, or whose employment has not been involuntarily terminated shall be paid for any unused accruals. However, in no event shall the employee be paid for any unused accruals exceeding 960 hours. 23 ARTICLE 13 13.1 a. The "Personal Leave Hours" concept is an advancement from the traditional vacation and sick leave system. b. When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify the on-duty supervisor, or if he/she is unavailable the Communication Center of the nature of the illness or emergency at least one hour prior to the start of the employees shift. When an employee is planning to use Personal Leave or Compensatory Time Off he must submit his request for the leave in writing to the Police Chief, or his designee, at least fourteen (l4) days, trot including Saturday, Suttdays, or Holidays, prior to the first day or the intended absence. The Chief of Police, or his designee, shall respond to the request within four days, trot including Saturday, Sunday, or holidays, of receipt of the request. Approval of the leave may be denied if in the discretion of the Chief, or his designee, such leave would pose an undue disruption of the department. If a request to use personal leave or compensatory time off is submitted with less than the required fourteen (14) days notice, and the request is for ten (10) consecutive hours or less, the request may be granted if the absence of the employee does not cause an adjustment of the established shift schedule, hiring of overtime, calling in of another employee to cover the hours, reduce the ability of the on duty personnel to provide adequate police service to the public, or cause the shift staffing level to drop below the established minimum. The granting or denial of this request shall be the sole discretion of the shift supervisor of the work shift that is effected. c. Minimum units charged against Personal Leave under sections 13.1 (a) and (b) shall be in one (1) hour increments. d. Employees may accumulate Personal Leave Hours up to a maximum of 960 hours. Thereafter, employees must utilize their personal leave days or request payment in accordance with subsection (f) of this section. Utilization or request for payment must be made within three (3) months after 960 hours is accumulated. Thereafter, employees may forfeit the ability to accumulate any additional hours. 22 12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the holiday (as set forth in Section 12. I) and continue for twenty-four (24) uninterrupted hours. 12.8 The accrual and pay-out of compensatory time under this Section shall be governed by the provisions of Article seventeen (17). 21 ARTICLE 12 12.1 The following re recognized as holidays under the terms of this agreement: New Years Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day January 1st. 3rd. Monday in January 3rd. Monday in February Last Monday in May July 4th. ' 1st Monday in September Thanksgiving Day 4th. Thursday in November Friday after Thanksgiving Christmas Day December 25th. Employee's Birthday Any day that the City Commission may designate 12.2 Employees who do not work on the observed holiday shall receive at the discretion of the Public Employee either eight (8) or ten (10) hours pay (wrresponding to the employee's shift) at the employee's regular straight time hourly rate of pay or eight (8) or ten (10) hours of compensatory time (corresponding to the employee's shift), at the straight time rate. 12.3 Employees who work on the holiday shall receive, in addition to their regular straight time hourly rate of pay, one half (1/2) of the employee's regular hourly rate of pay, hour-for- hour for each hour worked during the declared holiday. In addition, such employees shall be credited with eight (8) or ten (10) hours of compensatory time (corresponding to the employee's shift). 12.4 In order to be eligible for holiday pay or compensatory time the employee must have worked the last scheduled working day immediately prior to the holiday and the first regularly scheduled working day immediately after the observed holiday unless the employee is on paid vacation, military leave, sick leave substantiated by a doctor's certificate, or other absences excused by the Chief of Police. 12.5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall not receive pay for the holiday or compensatory time. 12.6 Employees who are on leave of absence or layoff on the day on which such holiday is observed shall not receive pay for the holiday or compensatory time. 20 11.3 There shall be no appeal from the Arbitrator's decision; it shall be final and binding on the union and on all bargaining unit employees and on the Public Employer, provided the Arbitrators decision is not outside or beyond the scope of the Arbitrators jurisdiction, or is not in violation of public policy. The authority and responsibility of the Public Employer, as provided by Florida Law, shall rtot be usurped in any matter. 11.4 The Arbitrator will charge the cou of his services to the losing party of each grievance. Each side will pay its own representative and witnesses. Either side desiring a transcript will pay for it. 19 ARTICLE I1 11. I Whenever the Union requests arbitration in accordance with the provisions of the Grievance Article, the parties shall within five (5) working days following appeal to arbitration jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbi[rators, each of whom shall be a member of the National Academy or Arbitrators. Arbitrators shall be selected from such panel by alternately striking names from this list (the Union shall make the first strike) until the last time on the list is reached. a 11.2 The limitations of the powers of the Arbitrator are as follows: (a) The Arbitrator shall not have the power to add to, subtract from, or alter the terms of this Agreement; (b) The Arbitrator shall have no power to establish wage scales, rates for new jobs, or to change any wage; (c) The Arbitrator shall have only the power to rule on matters arising under this Agreement and is confined exclusively to the question(s) which is presented to him which question(s) must be actual and existing; (d) The Arbitrator shall have no power to arbitrate any matter after this Agteement has expired, unless the event giving rise to the grievance occurred prior to the termination of this Agreement and a written grievance was submitted within thirty (30) days after the expiration of this Agreement and has been timely processed; and, (e) If the subject of the grievance submitted to arbitration concerns disciplinary measures (including discharge) taken against one or more employees, the Arbitrator is only empowered to pass upon whether the employee or employees concerned actually committed, participated in, or were responsible for the act of misconduct. The Arbitrator has no authority to pass upon the nature, extent, or severity of the disciplinary measure(s) taken, such determination being solely a managerial prerogative. If the Arbitrator finds that the employee has not committed. participated in, or was not responsible for, the act of misconduct for which he has discipline, the Arbitrator has the power to make the employee or employees whole, including ordering back-pay (less compensation received from any other sources) for time lost, and reinstatement when applicable. 18 day on which a grievance, or a reply by management to a grievance, is received, sh211 not be counted. Failure of management to observe the time limits for any step itt the Grievattce Procedure without a mutually agreed written extension of time shall entitle the grievattce (or the Union in the case of Step 4) to observe the time limits for any steps in this Article without a mutually agreed written extension of timte shall terminate the grievance. 17 to his job to orally, or in writing, present his grievance. Discussions will be informal for the propose of settling differences in the simplest and most effective manner. The immediate supervisor will discuss and make an effort to resolve all legitimate grievances with fairness and justice for both the grievant and the Public Employer. The immediate supervisor shall orally communicate a decision [o the grievant within five (5) working days from the date the grievance was presented to him. S rn - If the grievance is not settled at the 5rst step, the grievant within ten (10) working days of the response under step 1 shall present the grievance in written from (in compliance with Section 10.4) to the Chief of Police with a copy to the City Manager. The Chief of Police or his designee, shall investigate the alleged grievance and shall within ten (10) working days of receipt of the written grievance conduct a meeting with the grievant and the Union President if the grievant requests Union representation. The Chief of Police or his designce shall ratify the grievant of his decision no later than ten (10) working days following the meeting date. 4 rn 3 - If the grievance is not settled at the second step, the grievant within five (5) working days from the date of the Chief of Police's decision shall present the written grievance to the City Manager or his designee. The City Manager or his designee shall investigate the alleged grievance and may within five (5) working days or receipt of the written grievance conduct a meeting with Public Employer representatives, the grievant and the Union President if the grievant requests Union representation. The City Manager or his designee shall notify the grievant in writing of his decision not later than ten (10) working days subsequent to the date the grievance was received by the City Manager, or from the date of the meeting if conducted. Step 4 - If a grievance, as defined in this Article, has not been satisfactorily resolved within the Grievance Procedure, the Union may request arbitration in writing to the Office of the City Manager no later than ten (10) working days after the response is received in Step 3 of the grievance Procedure. Affected personnel of the Department will follow the above steps as numerically outlined where they are organizationally feasible. In all other instances, the procedures will be initiated at the appropriate step within the organizational unit concerned. 10.6 It is the mutual desire of the Employer and the Union that grievances shall be adjusted as quickly as possible and to that end the time limits set forth in this Article are to be strictly enforced. The time limits may only extended by mutual written agreement. The term "work days" as used in this Article included Monday through Friday of each work week regardless of the grievants work schedule. For the purpose of calculating time limits, the 16 ARTICLE 10 10.1 In a mutual effort to provide harmonious working relations be[wcen the patties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution or grievances between the parties arising from an alleged violation of specific terms of the Agreement as provided in this Article. 10.2 For the purpose of this Agreement, a grievance is defined as a claim or complaint that an employce or group of employces may have that the Public Employer has violated a specific provision of this Agreement, provided such specific provision is subject to the grievance and arbitration procedures of this Agreement. 10.3 Grievances may be taken up during the working time of the grievant upon the mutual agrcement betwcen the Public Employer and the Union. 10.4 All grievances proceeding to Step 11 must be reduced to writing and must contain the following information: (a) The specific Article and Section of the Agreement alleged to have bcen violated by the Public Employer; (b) A full statement of the grievance, giving a complete description of the facts and dates and times of the events involved in the alleged violation, and the specific remedy desired by the grievant; (c) Signature of grievant and date signed; and, (d) Designation of the Union Steward or Business Agent if the grievant request Union representation. Failure of the grievant to comply with this section shall make the grievance null and void. I0.5 All grievances shall be processed in accordance with the following procedure: Steil -The grievant shall orally, or in writing, present his grievance to his immediate supervisor or within five (5) working days of the occurrence of the action giving rise to the grievartce, provided that should the action giving rise to the grievance occur while the employee is on authorized paid leave of absence or is on his scheduled day off the grievant shall have five (5) working days within return 15 bad moral character; Leaving the working area during working hours without au[horization; m. Sleeping while on duty; n. Fighting, wrestling, horseplay, or any other act which might interfere with the safe or efficient operation of the Employer; o. Unauthorized absence; p. Unauthorized tardiness; q. Repeated failure to achieve a satisfactory evaluation of work performartce; r. Refusal to cooperate during an investigation; s. Insubordination; t. Conduct unbecoming a city employee; or u. Refusal to obey the lawful commands of a superior officer, City Manager or his designee. The foregoing enumeration of grounds for discharge is by way of illustration and shall not be deemed to exclude management's right to discharge or otherwise discipline employees for any other cause. 9.3 Employees shall be permitted to submit a written rebuttal to any disciplinary action within five (5) calendar days after receipt of such action. Such written rebuttal shall be limited to facts directly related to the disciplinary incident in question. opinion and personal bias shall not be permitted. Such written rebuttal shall be in addition to any appeal rights provided under Article 10, Grievance Procedure. 9.4 Employees shall be notified at the earliest practicable time following the request by a private citizen to review the personnel file of the employee. 9.5 All employees in any disciplinary action shall be protected under the provisions under FSS 112, Police Officer Bill of rights. 14 ARTICLE 9 9.1 The Employer has the right to discharge, suspend or otherwise discipline employees for just cause. The Employer shall consider, among other things, the seriousness and frequency of offenses when determining the appropriate discipline, which may include a warning, suspension or immediate discharge. Employees are rtot entitled to a particular number of warnings prior to the imposition of discipline, including discharge. 9.2 The following acts shall be ground for discipline'up to and including discharge: a. Falsifying statements or records; b. Stealing; c. Drinking or possessing alcoholic beverages while on duty, unless authorized by the Chief of Police; d. Possessing, using or selling a controlled substance, including but not limited to, narcotics, marijuana, or barbiturates, other than that prescribed by a physician of the employee, or unless authorized by the Chief of Police; e. Being under the influence of a wntrolled substance other than that prescribed by a physician for the employee, or being under the influence of an alcoholic beverage which would be a violation of section 9.2, wb j. Recklessness or negligence while on duty; g. Violation of the no strike provision of this Agreement; h. Violation of a published work rule or regulation or standard operational procedure; Failure to immediately report vehicle accidents involving damage to any City property; j. Conduct that could bring discredit to the Employer; Having committed and/or convicted for a felony, driving while under the influence of alcohol, or narcotic substances, crime involving moral turpitude, or a misdemeanor involving perjury or a false statement, or a misdemeanor evidencing 13 ARTICLE 8 8.1 On or before sixty (60) days after the effective date of this Agreement, all general orders issued by the Public employer that are in conflict with the terms and provisions of this Agreement shall be reissued so that no conFlicting language exists in the general orders. Any general order issued after the effective date of this Agreement shall remain in full force and effect, if ttot in conflict with any Article or Section in this Agreement. However, all other general orders shall remain in foil force and effect and the Employer retains the right to issue other general orders in its sole discretion. 8.2 The City shall have the right to establish, maintain and enforce, or rescind, amend or change, reasonable rules and regulations and standard operational procedures. 8.3 Failure to discipline an employee for violation of these rules, regulation and/or standard operatiotal procedures shall rtot affect the right of the City to discipline the same or other employees for the same or other violations of the same rules, regulations and/or standard operational procedures. 8.4 Any employee violating a rule or regulations or standard operational procedure may be subject to disciplinary action, including dismissal. 12 ARTICLE 7 7.1 All employees shall be classified as probationary employees for the first twelve (12) months of continuous uninterrupted employment, during which time such employees may be laid off, disciplined or discharged with or without cause and without recourse to the grievance procedure but will be afforded all the protection as listed under F.S.S. 112. The City Manager and/or the Chief of Police has the discretion to extend the probationary period with cause. Provisions as to seniority shall not apply to probationary employees, [other seniority shall date back to the time of hive after an employee has sttccessfully completed his probationary period. [f more than one employee is hired on the same day, seniority shall be determined by the employee number. 11 ARTICLE 6 6.1 The Public employer and the duly appointed representative(s) of the FOP agree to meet and confer on matters of interest upon the written request of either party. 6.2 The written request shall state the nature of the matters to be discussed and the reason(s) for requesting the meetings. Discussions shall be limited to the matters set forth in the request or other subjects mutually agreed to, but it is understood that these special meetings shall not be used to renegotiate this or any other Agreement or for the resolution of grievances. 6.3 Such special mcetings shall be held within ten (10) Calendar days of the receipt of a written request if said mceting is jointly agreed to by both parties in writing. The mceting shall take place at a time and place mutually agreeable to the parties. The FOP shall have the right at these special mcetings, to make recommendations to the Public Employer to improve department operations and resolve problems identified by the FOP. 6.4 All members or the bargaining unit may contribute 12 or more hours per year (either from personal leave hours, or compensatory time banks) to the union time pool. Provided that the maximum number of hours which may be accumulated in the pool uttder this Article is 216 hours. 6.5 This leave will be computed and placed in a bank on the 1st. of October and the 1st of April each year. 6.6 The Chief of Police or his designee shall have the discretion to grant or deny use of pool time if in his opinion the use of such time shall decrease or limit the conducting of the departments business. The use of Union Time Pool time is subject to written approval by the Union President or his desigttce and the Chief of Police or his designee. 6.7 Union Time Pool hours not expended during the previous year will be compouttded onto the new bank of hours beginning October 1st of each year, provided the maximum accumulation set forth in Section 6.4 is not exceeded. 10 5.4 It is agreed that every incidental duty connected with operations enumerated in job descriptions is not always comprehensive and employees at the discretion of the City may be required to perform duties not within their specific job descriptions as long as they are related to Police Department operations and have the approval of the Chief of Police or his designee. 5.5 Whenever it is determined that civil emergency conditions exist, including riots, civil disorder, hurricane condition, or similar catastrophes, the provisions of this Agreement may be suspended by the Mayor, City Manager and/or Chief of Police during the time of the declared emergency provided that wage rates and moretary fringe benefits shall tat be suspended. 5.6 The Public Employer's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the Public Employer from exercising the same in some other way not conFlict with the express provisions of this Agreement. 5.1 Except as expressly provided for in this Agreement, the Public Employer retains the sole and exclusive right to manage its operations and direct the work of the bargaining unit employee, including the rights to decide the number and location of work stations, the operation of motorized equipment, the scope of service to be performed, the methods of service, the schedule of work time; to contract and subcontract existing and future work; to determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; to maintain order and efficiency in its work stations and locations; to curtail or discontittue temporarily or permanently, in whole or in part, operation whenever in the opinion of the Public Employer good business judgment makes such curtailment or discontinuance advisable; to hire, lay-off, assign, transfer, promote, demote, and determine the qualifications of employees; to create new job classifications and to create and amend job descriptions; to determine the starting and quitting time and the number of hours to be worked; to require an employee to take a physical or mental examination, given by a health service, or a physician or psychiatrist selected by the Public Employer; to assign overtime work; to discipline, suspend, and/or discharge employees for just cause; and to have complete authority to exercise those rights and powers incidental thereto, including the right to make unilateral change, subject only to such regulations governing the exercise of these rights as are expressly and specifically provided in this Agreement. 5.2 The above rights of the Public Employer are not all inclusive but indicate the type of matters or rights which belong to and are inherent to the Public Employer in its capacity as manager of the Police Department of the City. Any of the rights, powers, and authority the Employer had prior to entering into this collective bargaining agreement are retained by the Employer, except as expressly and specifically abridged, delegated, granted or modified by this Agreement. The management rights, functions privileges and prerogatives referred to in this Article, which the Employer has nat expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance or arbitration procedures, and the Employer has no obligation to bargain over the decision to exercise such rights, functions prerogative and privileges, or the effect of such decisions. 5.3 Any and all aspects of wages, hours, and working condition, which are not specifically covered by this Agreement, may be initiated, instituted, continued or discontinued without notification of or consultation with the Union. The Public employer is not required to continue those voluntary aspects of wages, hours, and working conditions not included in this Agreement, but which were in effect prior to entering into this Agreement or instituted thereafter, nor shall the employees have any binding right to such matters. 8 ARTICLE 4 4.1 A. The Union, its representatives, members or any persons acting on their behalf agree that the following "unlawful acts" as defined in Chapur 447, Florida Statues are prohibited; 1) Solicitation of public employces during working hours of any employee who is involved in the solicitation; or 2) Distributing liucature during working hours in areas where the work of the public employces is performed. B. The circuit courts of the stau shall have jurisdiction to enforce the provisions of this section by injunction and conumpt proceedings if necessary. A public employee who is convicted of a violation of any provision of this section may be discharged or otherwise disciplined by the Public Employer notwithstanding further provisions of this or any other agreement. 4.2 The Public Employer and FOP agree that the basic inunt of this Agreement is to provide a far day's work in return for a fair day's pay and to provide conditions of employment suitable to maintain a compeunt work force. The Public Employer and Union affirm the joint opposition to any discriminatory practices in connection with employment, promotion, training or assignment remembering that the public inures[ requires full utilisation of employees' skills and ability without regard to race, color, crced, religion, national origin, handicap or sex. ARTICLE 3 3.1 'Rte Union and bargaining unit members shall have no right to instigate, promote, sponsor, engage in, or condone any work stoppage, boycott, slow-down, strike, intentional disruption of City operations, or to withhold services for any reason. Management shall have he right to discharge or otherwise discipline any or all employees who violate the provisions of this paragraph. The only question that may be raised in any protxeding, grievance, judicial or otherwise, contesting such action is whether this provision was violated by the employee to be discharged or otherwise disciplined. ARTICLE 2 2.1 Upon receipt of a written authorization from the employce covered by this Agreement, the Public Employer will deduct from the employee's pay the amount owed to the Union by such employee for dues. It is understood that this provision will provide for deductions equal to the number of pay periods per year. The Public Employer will submit to the FOP the deducted sums within fifteen (15) calendar days. Changes in the FOP membership dues and rates will be certified to the Public Employer in writing over the signature of the President of the FOP and shall be done at least thirty (30) calendar days in advance of the effective date of such change. The Public employer's remittance will be deemed correct if the Union does rtot give written notice to the Public Employer within two (2) calendar days after remittarxx is received of its belief and reasons stated therefore that the remittance is incorrect. 2.2 The FOP will indemnify, defend and hold the Public Employer harmless against any claim made, and against any suit instituted, against the Public Employer as the result of any checkoff of FOP dues. 2.3 An employce may revoke his authorization for deduction of dues provided the employce gives thirty (30) calendar days wriaen notice to the Public Employer and the FOP upon receipt of such notification, the Public Employer shall terminate dues on the pay date immediately following the expiration of the thirty (30) calendar days notice period. 2.4 No deduction shall be made from the pay of an employee for any payroll period in which the employce's net earnings for that payroll period are less that the amoum of dues to be checked off. Net earnings shall mean net after required deductions of federal taxes, social security, pensions and health and life insurance. ARTICLE 1 1.1 Pursuant to and in accordance with all applicable provisions of Part 1[ of Chapter 447, Florida Statutes, the Public Employer recognizes the FOP as the exclusive collective bargaining representative for those employces in the unit certified by PERC in the Atlantic Beach Police Department for the purpose of bargaining collectively in the determination of the wages, hours and terms and conditions of employment of those public employees within the following bargaining unit: 1.2 It is further understood and agreed that the president or the alun~ate or FOP Lodge 107, Atlantic Beach will be the official spokesman for the FOP in any matter betwcen the FOP and the Public Employer, only however on the matters which the FOP has authority regarding its membership. 71~e President shall designate in writing the name of the alternate. 1.3 Any alternate shall be designated by the FOP in writing. 'Ilse period of time covered by such designation shall be included in the written desigmtion. a written list of the accredited officers and representatives of the FOP shall be furnished to the Public Employer immediately after their appointment artd the Public Employer shall be notified of any changes of said representatives within five (5) working days. AGREEMENT This Agreement is entered into this of , 19_, between the City of Atlantic Beach, hereinafter referred to as the Public employer, or City, and the Fraternal Order of Police, Lodge 107, Atlantic Beach, hereinafter referred to as the FOP, Union, Employee Organization, or Association. It is the intent and purpose of this Agreement to assure sound and mutually beneficial working relationships between the parries hereto, to provide an orderly and peaceful means of resolving misunderstandings or differettoes which may arise and to set forth basic and full agrcement between the parties concerning wages, hours and other conditions or employmenCenurnerated herein. Tbere are an shall be no individual arrangements or agreements covering any part or all of this Agreement contrary to the terms provided herein. It is mutually understood and declared to be the public policy or the Public Employer and the FOP to promote harmonious and cooperative relationships between the Public Employer and the FOP and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions or government. Whenever a male pronoun is used in this Agreement it shall be constnred to include reference to both sexes. 19 .... TUITION AIDE ............................. 32 20 .... INSURANCE .............................. 33 21 .... SAFETY AND HEALTH ...................... 34 22 .... BULLETIN BOARDS ........................ 35 23.... UNIFORMS ............................... 3b 24 .... MILEAGE ................................. 39 25 .... LEGAL SERVICES .......................... 40 26 ... .. WAGES .................................. 41 27 .... ALCOHOL AND DRUG TESTING ................ 43 28 .... ANTI-DISCRIMINATION ...................... 46 29 .... AMENDMENTS ............................. 47 30 .... SAVINGS CLAUSE .......................... 48 31 .... SEVERABILITY ............................ 49 32 .... PROMOTIONS ............................ 50 32 ..... ENTIRE AGREEMENT ....................... 51 33 .... DURATION OF AGREEMENT ................. 52 2 Article No. Title Page Number AGREEMENT .............................. 3 1 .... RECOGNITION ............................. 4 2 .... PAYROLL DEDUCTION AND DUES .............. 5 3 .... NO STRIKE PROVISION .... ' .................. 6 4 .... EMPLOYMENT GUIDELINES ................... 7 5 .... MANAGEMENT RIGHTS ....................... 8 6 .... SPECIAL MEETINGS/ UN[ON TIME POOL ........... 10 7 .... PROBATIONARY EMPLOYEES .................. 11 8 .... RULES AND REGULATIONS .................... 12 9 .... DISCHARGE AND DISCIPLINE ................... 13 10 .... GRIEVANCE PROCEDURE ...................... 15 I1 .... ARBITRATION PROCEDURE .................... 18 12 .... HOLIDAYS ................................. 20 13 .... PERSONAL LEAVE HOURS ..................... 22 14 .... LEAVES OF ABSENCE WITHOUT PAY ............. 25 15 .... MILITARY LEAVE ........................... 26 16 .... BEREAVEMENT LEAVE ....................... 27 17 .... HOURS OF WORK AND OVERTIME .............. 28 18 .... INJURY IN THE LINE OF DUTY ................. 30 1 1 his Icnci will Ixx cull anJ eoid dU~c tunnn fails anJ raufi~ tfi~~ change. to the contract rni lone 22, 19W~ Victor Ra~mor, i,oo~l F.O.P. ReprGSentative June 27. 1996 Paul Fafeita, StadRepresentative Fraternal Order of Police 6345 7th Lane ' Vero 1?each, FL 32965 Ref Letter of Intrnt 95/96 Contract Dear Paul: It is the intrnt of Otis letter to address each article that has bow left ttoresohkd N the 95/96 Police contract.. PROMOTIONS This letter is to address the imrnt of the Ciry to create three (3) sergeant positionu in the 96{97 bttdget. It is the city's and the tmion's tmderstanding that the creation of the positioe is up to the City Cwtmission to atrthoriu and fund. It is also agreed that once the positions are created the city and trt»on must negotiate the detail of that pasitioq which incltde and are not limited to ;pay, sekcuon, appointtnent, etc. , m which uti would oortsider vrtpacl bargaining. This "Prontoticrt Article" would replace the Patrolman In Charge, (P.-.C.) position. WACF.S This letter is to address the Wage Anick, with a throe (3) percent ittcrease to the cttrreat pay range, retroactive m October 1, 1995. In addition the city acct amino agree m a one time, one (1) perotat bonus to be paid at the signing of the contract ibis bonus is contingent on the approval by the City Cormnission. Ortce approved eIl retroactive pay acct bonuses will be paid N the pay cycle if possible PERSONAL LEAVF. l lm later a unenJeJ to ad.h ass t}te I><t„mal Icace• ttiuc m whtch the an t. oBenng I)te union the same Ieace Ixtln that i, ~~Ila eJ the lateral cmplucce. l he change m the current IaniuaFe i l he C ne Pcr„nutel P~~ha) teas w ehmmate the muunutnt uuhiauon I><r cear TAKE HOME CAR POLICI' Ttus leucr is to address the Take Home Car Polity. 'lire intern o(tltis policy is as fellows: The Take Haute Car Polity wtll rtot be part of the Contract The Take Horne Car Policy world be restricted to those ot5cers that live in AdatVic I3eaclt, Neptax 13earh, atd the Mayport areas. The off duty officers watld be allowed to rue the Ciry vehick ihroughoct the beaches area. as permitted. r ~C~ 2NMl SF.SII]ULf. R/1AU is i.{~, Rl BE.ar'H. tLORlik~.12711 _yJ5 ::~:L~f^.irklk: IY1rJ 17X7.41lq tAx 19LLf1 2J7-SNOB Date: July 1, 1996 Memorandum To: Jim Jarboe, City Manager From: Ann Meuse, Finance Director -/~'~ Subject: 1996 SunTrust Loan -Refinance City Hall and Other Capital Improvements. The City borrowed 51,162,500 in the current budget year for the following purposes: Refinance City Hall S 652,135 Renovations to Public Safety S 237,865 Renovations to Lifeguard Building S 40,000 Park Improvements S 220,000 Loan Closing Costs S 12.500 S1,162,500 As a part of the interlocal settlement, the City of Jacksonville agreed to reimburse the City of Atlantic Beach S 40,000 for the renovations to the lifeguard building. This has freed up S 40,000 from the money borrowed from SunTrust, which can be used for other City capital improvements. As we discussed, the City Hall building and parking lot is in neea of repair. The carpet needs to be replaced in City Hall, the exterior needs to be pressure washed and sealed and the parking lot needs _ to be overlaid. I have spoken with Ed Stull of SunTrust, and he has approved the above expenditures as a substitute for the monies originally allocated for the renovations to the lifeguard building. According to Mr. Stull, the loan documents would not have to be modified since the expenditures are consistent with the use of funds; ('apital Improvements to City facilities. The City, however, would be required to pass a modification to the original resolution authorizing the loan. if the Commission authorizes, the revisior. to the resolution could be placed on the July 2~. 1996 Commission meeting. The above use of these funds for improvements to [he City Hall complex would need to be approved by the City Commission. Of course the cost of these improvements would be determined when they are bid out, however preliminary estimates are as follows: Pressure \Nash and Seal Exterior City Hall S 40.000 and Commission Chamber Overlay City Hall Parkino Lot Rccarpet City Hall and Comm. ChamSers 1 hope this memorandum will provide the necessary informatior~ for tlif; City Commission to consider the reallocation of these funds at the Jury 8, ? 9°6 Commission A9eeting. Please let me know i', you would like me to provide any additional information in relation to this request. 7,8 6 c~a :. x ~.~w ` II~III) -^ n~ W' i C~ G = ~ O ~ w. ~~ _a ~ ,; a _ _ ~- ~~~ _. ~ ~ I w~ I i I I I ~ I I e n. ~ ~ z I u I I i I l w~ii~ ~ ~,,,i LL. ~ i! ° ~i o W i g I LL LL a. Z ~ I I ' I ~ U !' I I ~ F}- taJ ~ ' ~ ~ I ~" U II~ ~~ a ~ a x' r W I ~ ¢; I I Q w! u I ~ ~'I I j a~ i _ - ¢' ~~ I t u ~ Iy' c w i ~ I'li I -- w' ~,i ~ - - ~' _*~ -- n 1~~, '+ 1I - _ ,' ~; '~ii~l~ ~;il i y_ I ~. I ~ /~ O ~ I ~ Z I ' I I ~ _ r - w ~, - of c I p ` LL ~ e o ~ I © '~ ~i Z C ~ ' o E p c'1 _ ~ I O~ I I ~I ^I i -,I ~~ ~I ml I < O ~ wr I'~ I I I Vi u~ JI ui ~i ~ i JI I °i i m C I CI 4 'm ~ o oI .~+~ rc~ it i fl o, U i ~I j' I'~ 0 C O STAFF REPORT AGENCA IrFnn R.:vard of CD5G rehar, hi~g SUBMITTEC BY' George Worley 11, Community Oevetopment Director G ({ DATE: July 3, 1996 BACKGROUND This years CDBG housing rehabilitation is focused on 8 owner occupied residences in +he target areas on both sides of Mayport Road. The attached bid tabulation reflects the did received. The bidder chose not to bid on three of the homes and the bid was over the contract limtt of $20,000 on a fourth home. Staff will re- evaluate the high bid, which included an aftemate. The alternate may be deleted, bringing the bid within the contract parameters. a recommendation for award may then be forwarded to you at the next meeting. Regarding the mree no bids. Staff will attempt to redid them immediately. RECOMMENDATION: Based upon a determination that the low bids are reasonable and responsible, Staff recommends award as follows: 94 Church Road 15 Simmons Road 50 Dudley Street 370 Dudley Street I4IBL: BUDGET i j Bid tabulat~oc ~ s~~ee? AD74SJIIt Bidder 519.160 Alexander Balfe. Inc. 516,105 Alexander Balfe, Inc. 510.700 Alexander Balfe, Inc. 53,915 Alexander Balfe, Inc. ~42.$$Q 5132.3021 REVIEWED BY CITY MANAGER: <\~%~ AGENDA ITEM NO _~_ SECTION 4. If the city wishes to verify the payments to the «ty under this ordinance, BellSouth shall permit the city or a designated representative of the city, upon reasonable advance written notice, to review BellSouth's billing and payment records, upon which the payments were based, during normal business hours at the location of BellSouth where such records aze maintained. However, no BellSouth records may be duplicated or takrn from BellSouth's premises and the city shall maintain the confidentiality of the information disclosed in these records and use the information solely for the purposes of verifying payments by BellSouth. Such BellSouth rewrds shall be maintained by BellSouth for ttte period prescn'bed by the Federal Communications Commission and/or the Florida Public Service Commission. SECTION 5. BellSouth shall indemnify the city against and assume all liabt7tties for damages which may arise or accrue w the city for any injury to persons or property from the doing of atry work herein authorized or the neglect of BellSouth or any of its employees to comply with any ordinance regulating the use of the streets of the city. The acceptance by BellSoudt of this ordinance shall be an agreement by it to pay to the city any sum of money for which the City may become liable from or by reason of such injury. SECTION 6. BellSouth shall file with the «ty clerk its written acceptance of this ordinance on or before August 31, 1996. SECTION 7. Nothing in this ordinance shall be constnred as a surrender by the city of its right at power to regulate the use of its streets. S1~CTION S. Any contractors or lessees who else the lines and equipment of BellSouth within the public streets of the «ty shall be separately authorized and franchised by the city as rrecessary. ~CTiON 9. The permission granted by this ordirtar-tx, if accepted by BellSouth, shall be in force and effect for a term of fifteen (15) years beginning October 1, 19%. PASSED by the City Commission on first reading dtis _ day of , 1996. PASSED by the City Commission on second and final reading this day of 1996. ATTEST: MAUREEN KING City Clerk LYMAN T. FLETCHER Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQilIRE City Attorney QR~INANCE N0.40.9~19 AN ORDINANCE OF THE CTI'Y OF ATLANTIC BEACH, FLORIDA, AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC., TO USE THE PUBLIC STREETS OF ATLANTIC BEACH FOR THE PURPOSES OF ERECTING, CONSTRUCTING, MAII~'TAINING AND OPERATING LINFS OF TELEPHONE AND TELEGRAPH EQU1P- MENT THEREON AND THEREUNDER, AND PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED by the City Commiccion of the City of Atlantic Beach, Florida: SECTION 1. Permission is hereby granted to BellSouth Telecommunications, Inc. (hereinafter referred to as 'BellSouth"), its successors and assigns, to construct, maintain and operate lines of telephone and telegraph equipment, including the necessary poles, conduits, cables, elecnical conductors and fiber optics and digital technology futures upon, along, under and over the public roads, streets, highways and rights of way of the City of Atlantic Beach, Florida, as its business may from time to time require, provided that all polcs shall be neat and symmetrical. SECTION 2_ The work of erecting poles and constructing underground conduits under this ordinance shall be done subject to the supervision of the city. BellSouth shall replace or properly relay and repair any sidewakc or street that may be displaced by rsason of such work, and upon failure of BellSouth to do so after twenty (20) days' written notice given by ttte city manager to BellSouth, the city may repair such portion of the sidewalk or street that may have been disturbed by BelLSout6 and collect the cost so inwrred from BellSouth. SECTIOI~I 3. In consideration of the rights and privileges herein granted, BellSouth shall pay to the city anntrally a sum equal to one percent (1 %) of the gross receipts of BellSouth on recurring local xrvice revenues for xrvices provided within the corporate limits of the city by BellSouth, provided that there shall be credited against such sum being paid to the city the amount of all taxes, licenses, foes and other impositions (exotpt ad valorem taxes and amounts for assessments for special benefits such as sidewalks, street pavings and similar improvements, and occupational license taxes) levied or imposed by the city upon BellSouth and paid during the preceding fiscal year as defined herein. Payment shall be made to the city for each of the years that tlus ordinance is m effect and shall be based on the receipts of BellSouth for the preceding fiscal }•eaz. 1'or the purpose of this payment, such focal year shall end on September 30. The fast such pa}•ment shall be based on the receipts for the fiscal yeaz ending September 30, 1996, shall be made on or before March 31, 1997, and shall be for the fiscal year October 1, 1995 through September 30, 1996. Subsequent payments will be made on or before March 31 of each ycar for which the permission is herein granted. G~ CITY OF ~aatle ~iiack - ~letlda ~P8[tilt#i~n WHEREAS, the City Commission r'ccognvRS that ciWen involvement and participation is important to successful government; and WHEREAS, Ruth Gregg has served this community for many yeah s, a member of the Advisory Phoning Board, the Community Development Board and as ai Election Poll Worker, and also served of many committees including the Zoaiig Committee, Charter Revision Committee and Census Committee, and WHEREAS, Ruth Gregg, recognizing the nted for efficient evacuation of the beaches area daring hurricanes or other emergencies, diligently anpported the constriction of the proposed Wonderwood Expressway to provide for the safety of beaches residents. NOW, THEREFORE, BE IT RESOLVED, the City Commission of Atlantic Beach, Fbrida, hereby expresses siicere appreciation aid hearttek gratitude to Rath Gregg for her volunteerism sad service to the eitittns of Atlantic Beach. BE ft FURTHER RESOLVED that a copy of this rtaolatioi be spread npon the official miantes of the City of Atlantic Beach, and a ceYtdKd rnpy hereof be farnbhed to Rath Gregg. ADOPTED by the City Commission of Atlantic Beach, Fbrida, this 8th day of Jnly, 1996. Lyman T. Fletcher, Mayor John S. Meserve, City Commissioner Tim Reed, City Commissioner Steven M. Rosenbloom, City Commissioner Suzanne Shaaghaessy, City Commissioner 5/~ ~.,a ~v s~ i = - ~ r=~ __ ~~g m O N Y m ` K ~.0. ^ 3 V SG 3 G= c G U G ~. a O ~ .uu B O m w S \ y g° ~ - \ ~ y S <O] n K 1 m e8..\ C ~ -u ; P G r . ~ u g3 S ff.., ~ n G ~ W .pC ~ ~ < N V O 4• 3V L r O C ~C C O C C0V yy ~ u' O uIYO O^ Y t ~ u 0~~ 9V \ \ E v. • NK O Y C Y O V~ cC O „~. - c OLV V UU Vl c O 6 aAn ~ S eG O u yP ' p ? C d ` y s ' n v' V Y .°. `o ° ~. V P 6>O y V Y y L d You u V 6 ~ V s 6 ^ o ~ 4 j vVi ~ G \ O ~ yY~. o GL` L tl Fy c u° V 9mu a s u ~ o w. C 4 p0 i Y °. u 6 O ° 0 0 mu Y to e c ~~`, yFN4 ~N.i°m c `oce ^.° c M.°. nC cY` uY w~4 0 vY Y °< OV Yu ze u s °< uC c s.. V 3 y~~ a~ dsiu ti•.Yiq Y .+s $ei:.e w Y ~ mu Y fi z`e°. I,. u a < u ~ '1 Y~ .. m ~m` MC m 80`~ } CY x 8~ u `• m u e < ~ ~~ ~ a ~1 a ~}i ~ ~~ i i i~ ~ ~~ ~ ' ~ ~ $ ~! 4 d~~ ~ a~ ~ ~ ~ S ~ ;~~ ~ m ~~~~~ ~ i~ ~ .i ~ ~ ~ ~~ ~ ~~ ~ ~ ~tt 1 @ ~ ~ `^, i ~ i ~~~ ~,~ iii i ~ ~! ~ ~ 8~ i ! ~~ ~ ~~ ~ ~~ ~ ~ ~ i ~ 7 ~{ ~ ~ ~ ~ a S ~~ ~ ~ 1 ~ ~9 ~ ~ib~ ~dl~ $ d~~i .j ~i~ ~ _ . ~ ~ , i. ~~ ~ , ~ ~ ~ ~ ~ ~i a. ~ 3 ~ y y I jj ~ . { e . . , ~~ ~ ~ b-a. ~ ~ ~ ~ i r ~ ~~ ~ ~ < ~ : fi ~ ~ ryFy ~ ` ~ a ~ ~~ ~~~~ ~~ ~ ~~ $ ~ ~~ .Y-e ~ a ~ ~ ' ~~~ ~~ ~ ~ ~ ~ ~~ g $ ~ ~ ~ ~ ~~ ~Y $ a ~ ~ ~ ' [ h :. ~ ~ _ ., 4-B CITY OF r~lta.ct<e r~Seaclc - ~E~ru+'a .\ ~r'tvw V 1~ To: Jim Jarboe, City Manager ~- From :Timmy Johnson, Parks and Recreation Director ~ ~l Re: Usage Report, Community Center, June `96 ~.,.~ sr:~nwt,r: eo:~u r,:..•.~nc er.ec H. rurefua J22n..cy~< I!J FYHII\r: IWHt Zit [M1111 f \\ iNN1 2J7~<NtIS Tim, here is a recap of activity at the Adele Grage Community Center for the motrth of June, 1996. Group/Event # Mtgs/ Events # People % Total Use AA Meeting 9 108 12 ABET Rehearsals 4 56 6 Arts & Crafts 1 IO 1 Board Meetings 4 43 5 Cribbage/Scrabble 5 36 4 Leleche Group Mtg. 1 24 3 State Atty's Mtg. 1 g 1 Summer Camp 20 550 62 Teen Council 2 24 3 Training Class 2 20 2 Travel Group 1 l0 l TOTALS ggq l ~% Increase/(Decrease) in total Usage from prior month (9) ¢A CITY OF ATLANTIC BEACH Code Enforcement Activity Report October 1, 1995 -June 30, 1996 coca vio~anoNS .;, __ u _._ ::;: ; PREVIOtlB PREa ENT YEAR TO MONTH MON TH l>ATE n OM f a • un n ou s ous on ns n onstrue n on s n n own ns mt u nc• om tY mt omp t vwr yslrm tN form alw 7y~~! =.. . ~. ._.. ..... ... .. .._. .~ . .... "::... n:. ~. _ _ .~I.~ ~:._ ::..~.......... COmplaiMS bl C.Oltlpfianp 66 Number of ComplaN~ts Outstanding 11f Proactlvs Comptalnls ~ ~ R•actly ComP4pns 1f ~ OTHER ACTMTIES: Case !!0112 - Mr Weinaug was issued a permit for a screened enclosure. Code Enforcement Board .! ~~y 2 1996 Case iM4829 W/lie Knight, 790 Sailfish Drive. Failure to conned to City Sewer, Failure to pay past due utility bill -repeat vitiation. Case #4473 Charles Bullock, f20 Camelia Street. Boatstored in front of setback line; Case #4b76 Sean Phinney, 3B5 East Coast Drive. Fence on ripht~/-way, Case A4362 Robert Lang, 2142 Fairway Villas - Nuisance violations; Case A4670 Safa Mansouri -Failure to replace dead trees as required by Tree Board. Prepared By. Karl W. Grunewaki CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: June 1996 Code Enfiomement Report SUBMITTED BY: Karl W. Grunewald ~~ DATE: July i, 1996 BACKGROUND: June 1996 Code Enfonxment Report RECOMMENDATION: ATTACHMENTS: June 1996 Code Enfotrertient Report REVIEWED BY CITY MANAGER: AGENDA fi'EM NO. ¢ A ~ CITY OF 1 ~tfaatie t"ieaels - ~Ca~cula -----'~~--'"'"_-' - --' A'rLA N771'NFAC'F7, :IAlN1UA ?22J!-5175 MEMORANDUM iEl.c7•MU.\-. ~yW~ L77.cr~ln ~ _ ~ty' 111990 tA~ I~Nw zip 4p5 TO: Jim Jarboe, City Manager ~T -- FROM: Don C. Ford, Building Official ~' (~ , RE: Building Permits Report Please he advised that the following permits were issued in the mor>th of June !996: TYPE PERMIT NO. PERMITS PERMIT COST CONST. VALUATION New Single Family 1 2 817 90 91 361 New Duplexes New Townhouses 1 2,854.46 77 806 Additions/Remodels 15 2,167.00 , 2qq ~ Swimming Pools 1 30.00 , 12 000 CommerciaURemodel 1 60.00 , 5 900 Commercia/Cily A8 Britlges 2 0.00 , 94 000 Comrt7erciaUCityAB P.Safety 1 0.00 180 000 Garage/Carports , Demolitions (Interior) 1 50.00 Sheds 1 25.00 Fences g ~ ~ Driveways Signs 7 150.70 Tents (Fireworks) 1 25 00 Trees . Utilities 10 11,595.00 Wells 1 10.00 Reroot 14 350.00 55,515 TOTAL,B 62 20,196.06 771,648 Miscellaneous permits issuetl in connection with new construction , additions, remotleling, etc: Number of Permits Permits Costs ElecUical 43 1,745.90 Plumbing 31 1,319.00 Mechanical 28 1,409.00 Inspections performed last month: Building Concrete Electrical Plumbing Mechanical Misc. 45 23 52 61 34 3 Occupational License Inspections - 8 fNFORMATION COMPILED BY PAT HARRIS -BUILDING DEPARTMENT CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT STAFF REPORT AGENDA ITEM: Building Permits Report June,1996 SUBMITTED BY: Don C. Ford, Building Official~~~ DATE: July 1, 1996 The following is a comparison report of Building Permits for New Single Family, Duplexes, Townhomes, Remodeling/Additions and New Commercial for years to date for June 1995 and June 1996: Year to Date June 1995 TYPE PERMIT NO. PERMITS CONSTRUCTION VALUATION New Single Family 34 $3,998,130 Duplexes 3 380,116 Townhomes 1 77,806 Remodeling/Additions 66 1,887,123 Nsw Commercial 4 341,791 Total 97 $6,617,160 Year to Dats June 1996 Nsw Single Family 12 $1,946,946 Duplexes 5 438,769 Townhomss 10 747,839 Remodeling/Additions 76 1,268,746 New Commercial 6 607,147 Total 108 $4,898,147 RECOMMENDATION: ATTACHMENTS: Buil REVIEWED BY CIT)t`- RoportforJune 1996 AGENDA REM NO. ¢A MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACN CITY COMMISSION, HELD IN COMMISSION CHAMBERS AT 6:45 PM ON WEDNESDAY, JUNE 19, 1996. Present Lyman T Fletcher, Mayor John S. Meserve, Commissioner Tim Reed, Commissioner Suzanne Shaughnessy, Commissioner Also James R Jarboe, City Manager Alan C Jensen, City Attorney Maureen King, City Clerk Absent Steven 1\1 Rosenbloom, Commissioner The meeting was called to order by Mayor Fletcher. 1. Award bid for a fire sprinkler system in the new construction at the public safety building, pursuant to the specifications of Bid No. 9596-20 (Rebid), at the bid price of $10,960.00 The City Manager explained that the contractor was ready to pour the concrete slab and installation of the fire sprinkler system would require a pipe to be Isid under the concrete. The City manager indicated he did not want to delay the project and had, therefore, requested the special called meeting so the City Commission could act on this matter. Commissioner Meserve moved to award s contact to Firc Sprinkler Service for the inatallation of a fire sprinkler system pursuant to the apeeifitations of Bid No. 9596- 20(Rebid) at the bid price of SI0,960.00. The motion waa aeeooded by Commissioner Shaughnessy and carried unanimously. There being no further business to come before the City Commission, the Mayor declazed the meeting adjourned. Lyman T Fletcher Mayor/Presiding Officer ATTEST: Maureen King CMC City Clerk o„ o" " : " a , e ~ ao o= °n '~ N ~~" M Z ~ V b 5 - ~o ~« a „= ~» a W Q fn in ~ rn ~ n° w nu rv c~ W ~ i+" ~N ~ f K N m F Z m ° X W ~O ~ ~ o ~~ ~ ~g t.. C o ~ "'~ ^. N M Q M a W W C ~ ~.°- -~ IL °nN M _ nN M 0 O ~ O O n A O M n N N ry O N p O O - O N M n r O M M ~ G i O A N ~ ~ n V ~ n O C ~ b ^ O n C V ~ O ~ O „ n O n M > 0 t ~ L J Q G ~O ~ 's = s ~ i ' /~ i i I ~ I EXHIBIT A JUNE 19, 1996 Union Proposal for Step Pay Plan FireF'ighter Step 1 2 3 4 5 6 7 8 9 10 Il 8.34 8.59 8.84 9.17 9.38 9.66 9.95 10.25 10.5G 10.88 11.20 Driver/Engneer Step 1 2 3 4 5 6 7 8 9 10 ll 9.17 9.44 9.73 10.02 10.32 10.63 10.95 1128 11.62 11.96 12.32 Fire Lieutenant Step 1 2 3 4 5 6 7 8 9 10 11 10.54 10.86 11.18 11.52 11.86 12.22 12.59 12.96 13.35 13.75 14.17 Page Three Minutes of Impasse Hearing June 19, 1996 Commissioner Shaughnessy indicated she did not want the city to become a training ground for firefighters who would ultimately leave for other cities. She felt there was a hidden cost related to employee turnovers and felt a step pay plan was a good tool for employees. There being no further discussion, the Mayor declared the meeting adjourned at 9:12 PM. Lyman T. Fletcher Mayor/Presiding Officer ATTEST: Maureen King, CMC City Clerk Pagc Two Minutes of Impasse Hearing Junc 19, 199h Jim Jarboe indicated the city was concerned with step plans in general because pay raises became almost automatic and because there was an automatic built in increase each year. It was the city's position that the step plan should be eliminated. However, he indicated he was committed to work with the Union to stabilize the Fire Department. Following the presentations, City Commissioners presented their questions regazding the proposed salary ranges and step plan. Discussion ensued regarding the best way to conduct a salary study and some concern was voiced regazding the Florida League of Cities data which had been used. Following a complete discussion by the City Commission, the Mayor called on citizens who wished to speak to the matter. The following citizens related personal experiences which had required the services of the Fire Department and indicated they had received a high level of professional service: Penny and Patrick Kamish, 193 Beach Avenue; Nancy White, 1729 Seminole Road; Penny Riley, 159 Third Street; Ralph Bell, 664 Beach Avenue; Doug Conners, 620 Plaza; Melody Griffith, 368 Seventh Street; Jim Hill, 372 Seventh Street; Sherry Hill, 214 Margaret Street, Neptune Beach; Mitch McCue, Atlantic Beach Firefighter;lohn McDonald, 690 Plaza; J.P. Marchioli, 414 Sherry Drive; and Joseph Dagher, Saratoga Circle. Each voiced support of the Fire Department and urged the City Commission to approve salaries commensurate with the level of training and expertise of the firefighters. Since no one wished to speak further, the Mayor closed the floor for public comment and summarized the issues to be decided. Commissioner Reed moved to accept the city's proposal for salaries. The motion was seconded by Commissioner Meserve, and following further discussion, the motion carried on a vote of 4 - I with Commissioner Shaughnessy voting nay. Commissioner Shaughnessy moved to reject the city's proposal to diminate the step pay plan. The motion died for lack of a second. Commissioner Meserve then moved to accept the city's proposal to diminate the step pay plan. "I'he motion was seconded by Commissioner Rosenbloom and carried on a vote of 4 - t with Commissioner Shaughnessy voting nay. Following the vote Commissioner Meserve indicated he did not feel the step plan was in the best interest of the city or the firefighters and indicated he preferred a merit pay plan. Commissioner Rosenbloom agreed and suggested that negotiations for a contract for next yeaz be started immediately. He also indicated the City Commission had agreed to hire a professional to handle the negotiations for next year. MINU'f1iS OF "fHfi 11LARIN(i HIiLD IN ATLAN"1'IC BIiACH COMMISSION CHAMBERS AT 7 t>n P\1 ON WEDNESDAY JUNE lo, I<Kx~, TO SETTLE: THE. IMPASSE IN NEGOTIATIONS Bli'fWEEN THI' ('1lY OP A"II.AN"11C BEA('H .AND THE INTERN.ATION.AL .ASSOCLATION OP 1•IREEIGIlT1:RS, LO('AI ?62"' Present. Lyman T Fletcher, Mayor John S Meserve, Commissioner fim Reed, Commissioner Steve Rosenbloom, Commissioner Suranne Shaughnessy, Commissioner Also. James R Jarboe, Ciq~ Manager Richard Brown, Union Negotiator Alan C Jensen, City Attorney Maureen King, City Clerk The Mayor called the meeting to order and asked the City Attorney to explain the procedure to be followed. The City Attorney indicated that each presenter would have five minutes to present his case and, following both presentations, three minutes would be allowed for rebuttal. Commissioners would then have an opportunity to ask questions, following which the public would be given an opportunity to address the City Commission, and were asked to limit their remarks to two minutes. Jim Jarhoe presented the city's position on the first item of impasse. Mr. Jarboe explained that the City and the Union had reached impasse on two items, rtamely, salary and pay plan. He indicated that they were very close on the matter of salary and distributed a handout setting out the salary - ranges proposed by the city and the union. A copy of each proposal is attached hereto as Exhibit A. He recommended that the City Commission adopt the city's proposal on salaries. He thanked Mr. Brown for his professionalism in the negotiations. Richard Brown, Union Negotiator for Loca12622, agreed that there was not much difference in the salaries proposed by the Union and the City but indicated that there were greater differences in the matter of the pay plan 11e agreed that negotiations had been pleasant and professional with Mr Jarboe. Richard Brown then presented the Union's proposal for a step pay plan. He indicated the current step plan had been established to address problems of employee retention and felt it was a good lone term management tool and also a career incentive for employees. He felt employee retention was a safety issue and the City and Union needed to work together to address high employee turnover. He reminded the City Commission that the firefighters had worked for nine months without a contract and requested that the City Commission keep the current step plan for the remaining three months of this fiscal year. ~~,.,r $„V.I~~ Q~ 3~ ai a vai ntv V m W V d A t G C w ~, 11 I, .I II I, II ., II I . II ., II II II I~ ~~ Y. p ~ 1 O< Wp II = C 1 Cj II I F2 II :~ ,I Uq II II II r w w h O V 4 ~ 4 W m h ~ O v W oQC~ ~ ~ O a Q 2 ° 4 ~ ~ u Z~ m i O p - p O ~ 6 °'s ~,o _. W ~ O ~ O I / it ,~~ / // / - ~ _ / _ - -/ i / )W rp / <2 ~C / J / LL ! p0 / pl ~ W / F -^ s - ~{ p 1 6 I I 1 I I I 1 1 I ~, II ~I II I I II II . I 1~ II I~ I I II 11 O II r I~ LL p p < ~I w O 2~ I~ J W I I ~ tJ ,I ~ ~__ I, W ~ 11 V p I I ~ I~ Q 4 W Y Q m 3 W W , O h b O ~ ~ W ~ O h ~ W W 2 0 0 4 V 4 m \ ' , . , , , . ;. ' ~ ' 1 / W / s i 6 i p / W / O / O --J _-_ _ /_ _ O rte" / t / s / Y W / t2 I J / ~ / G / 1 S p I L I I / I 1 1 v C d «_ r C V- C W 7 ^_ `r~ Presentation Outline June 24, 1996 Page 2 111. Solutions Available: A. Solution A: 1. Construction a. Guard rail. b. Concrete bank protection. 2. Negatives a. Appearance. b. Guard rail closer to edge of road. c. No potential for bike path. 3. Positives a. Solves erosion problem. b. Safety. B. Solution B: 1. Construction a. Pipe ditch. b. Construct surface Swale. 2. Negatives a. Storm system designed for 10 year storm. - b. Side Swale is approximately 7 feet below road at 18th Street. 3. Positives a. Future bike path provided for. b. Ditch not as deep. c. Ditch not as close to edge of road. d. Appearance. C. Alternative Solutions: 1. Construct minor safety improvements at intersections 2. Construct attemative bike path route a. Selva Marina Drive. b. Johanson Park. 3. Narrow ditch and provide potential for bike path on Seminole Road L 3 •~~~~~{I ~tr~ %1~\• ' ATTACHMENT (EXHIBIT A) ~r,gl~rK! •Thimy & I'Yliller ,Inc. ~~~ `~ Consuluny 6 Design Engineers P~tineipsia IE`L. 3131 S[ John; Riufl RoeJ S. Jacksonville. FL 32246 James E Englantl. PE, Prey Tel (9041 6428990 i~a. (904) 6469485 Robert E Th~ms. tree V P Douglas C M~Iler, PE E.o~ :'P N Hugh MaUiews. P E . Gr - '/ P PRESENTATION TO CITY OF ATLANTIC BEACH CITY COMMISSION Presented by: England, Thims 8 Miller, Inc. Hugh Mathews, P.E. -Principal Doug Hurst, P.E. -Project Manager Subject: Seminole Road Ditch Date: June 24, 1996 I. Seminole Road Ditch Description: A. West side of Seminole from Country Club Lane to Saturiba Drive. B. Ditch is approximately 2100 feet long. C. Ditch serves approximately 35 acres on east side of Seminole Road as conveyance system, treatment system and detention system. D. Some of the land which drains to the ditch is only 4.5 feet above the ditch bottom. _ E. Ditch varies from 5 feet below Seminole Road at south end to 10 feet below Seminole Road at north end. F Yards on back side of ditch are only 4.5 to 8.5 feet above bottom of ditch. II. Problems Associated with Ditch: A. Maintenance a. Bank erosion. b. Weed control. B. Safety. C. No bike path potential. D. Appearance. Minutes Page 7 June 24, 1996 City Clerk King requested that the Mayor and Commissioners give her a vacation schedule to ensure that a quorum is present during future summer meetings. Mayor Fletcher stated that he would be on vacation from July 22 through August 12, 1996. Commissroner Rosenbloom reported that he had made apprordmately 25 historical picture enlargements of the city and was 586.00 over budget for the project. He then requested an additional 5250.00 to complete the project. Motion: Grant Commissioner Rosenbloom ao additional 5250.00 to complete the historical pictures project. The motion carried unanimously. Commissioner Shaughnessy had left the meeting for a few minutes and was not present for the vote. Mayor Fletcher commended the citizens of Atlantic Beach for their recycling efforts. In March there was 95% participation, in Apri196% and in May 97%. There being no further business to come before the City Commission, thz Mayor declared the meeting adjourned at 8:40 P.M. Lyman T. Fletcher Mayor/Presiding officer ATTEST: Maureen King, CMC City Clerk NAME OF COMMAS. M S V Y V N MESERVE X REED X X ROSENBLOON X X SHAUGHNESSY FLETCHER X i Minutes Page 6 June 24, 1996 Mayor Fletcher also acknowledged the presence of Reverend Goodman and other members of the Church. There being no further discussion, the motion carried unanimously. D. Ratificatan of contract between the City of Atlantic Beach and the International Association of Firefighters local 2622 City Manager Jarce explained that there were two changes which needed to be made to the contract as follows: Article 26, ]tem 26.4, ...will receive S100.00 per month incentive pay...needs to be changed to ...will receive 5200.00 per month incentive pay..., and Article 28, Item 28.2(2), needs the following added to the end of the last sentence: "or 5% more than those employees supervised". Motion: Ratify the contract between the City of Atlantic Beach and the International Association of Firefighters I.oca12622 as amended. There was no discussion of contract. The motion carried by a four to one vote with Commissioner Shaughnessy voting nay. $ City Manager Reports and/or Correvpondence: City Manager Jarboe ...reported that the foundation for the addition to the Public Safety Building had been poured. ...reported that the improvements to Howell Park have begun. ...reported that the city's sewer plant improvements are 95% completed and are expected to be finished in August. ...reported that the expansion of the Buccaneer plant has begun. In conclusion, Mr. Jarboe stated that the city was experiencing more on-going projects now than any time before. The City Manager also commended Public Safety Director Thompson, Chief Campbell, and Finance Director Meuse for their innovative ideas under the city's "Quality Circle" Program. Q, R~..orL and/or rmnesL from Ci(y CommiLionen. City Attoroer. and Ci Clerk NAME OF COMMRS. M S V Y V N MESERVE X REED X X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X Minutes Page S June 24, 1996 far as drainage was concerned. Mr. Mathews stated that as a resident of Atlantic Beach, he believed the city would be better served doing minimal work on the ditch to keep drainage intact, upgrade the appearance and keep erosion down. He suggested that Public Safety Director Thompson make recommendations concerning whether installation of a guardrail would cause greater problems than already exist. Babara Bonner of 463 Selva Lakes Circle stated that she favored a bike path and would like to see bike paths throughout the city. Nancy White of 1729 Seminole Road asked that the city consider keeping the ditch as a habitat for the egrets, storks, herons and frogs. Jell Banks, a Boy Scout w•ho lives at 1816 North Sberry Drive, expressed concern that a lagoon near his home already fills up with stormwater and asked that no water be diverted from the Seminole ditch to the lagoon. There being no further discussion, it was the consensus of the Commission that piping the ditch would be cost prohibitive for the benefits derived. The engincer will provide other options when the matter is readdressed in the August workshop to be conducted to present and discuss the proposed Stormwarer Master Plan. C. Approve final Change Order in the Saltair Subdivision Improvements Project representing a reduction in the coat of the project by $21,44139 Motion: Approve final Change Order for Saltair Subdivision Utility Improvements Project resulting in a reductan of the coat of the project by 521,441.39. Mary Lee Heaton, representing the Board of Trustees of Community Presbyterian Church, expressed concern with the property located between the church and school which contains a drainage ditch being used by homeless who continually lister the area. Public Vb'orks Director Kosoy explained Items 9 and 10 were additions to the project and would be completed after approval of the change order. It was pointed out that Item # 10 is the piping of the ditch behind the church. Even with the additions to the Change Order, the project will be 521,44? 39 below the original contract price of 5774,687.50. NAME OF COMMRS. M S V Y V N ESERVE X X ED X OSENBLOOM X X tLAUGHNESSY X FLETCHER X Minutes Page 4 lure 24, 1996 Chief 7~hompson explained that tl;e grant was a matching fund anti-drug abuse grant in the amount of $ 15,000. The grant monies will be used to install computer stations in the remodeled Public Safety Building. Motion: Accept the Anti-Drug Abuse grant in the amount of 515,000 and authorize Mayor Fletcher to a:ecute the CeAificate of Acceptance for the same. There was no discussion before the vote and the motion carried unanimously. B. Discussion and related action in connection with the Seminole Road draiaage ditch Commissioner Shaughnessy explained that she had received inquiries concerning the Seminole Road ditch and felt it was appropriate to discuss the matter now in view of the fact the city is in the design stage for stortnwater improvements. Mrs. Shaughnessy explained that the matter was more a quality of life issue for the citizens of Atlantic Beach and that she did not want the ditch covered up just for the sake of doing it, nor did she want any citizen adversely affected by it, but felt the ditch was a safety hazard and would make a good bicycle path. Hugh Mathews, an engineer with the firm of England, Thims and Miller, Inc., gave each Commissioner an outline (Exhibit A, attached and made part of this official record) of the problems associated with closing in the ditch and gave a brief overview of solutions to those problems. He reported that his tympany had surveyed the ditch area, which runs along the the west side of Seminole Road from Country Club Lane to Saturiba Drive, in conmection with work they are doing on the city's Stortnwater Master Plan and found the problems to be with maintenance, appearance and safety. He then responded to questions from the floor. It was reported that solution "A" with a guard rail and concrete erosion protection would cost 5400,000; and solution "B" to pipe the ditch and construct a side Swale with provision for a future bike path would cost $SS0,000 "l he pros and cons of each solution were discussed in detail. Commissioner Rosenbloom agreed with the others that the ditch was an eyesore. However, he felt that due to the costs involved, improvements to the ditch should be considered after the other projects are completed. Commissioner Meserve stated that purely from a drainage standpoirtt, the project could not be left to the end and asked Mr. Mathews the best option as NAME OF COMMAS. M S V Y V N MESERVE X X REED X X ROSENBLOOM X SHAUGHNESSY X FLETCHER X Minutes Page 3 June 24, 1996 The consent agenda items were received and acknowledged. 5 Action on Resolutions: A. Adoption of Resolution No. 96-25 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING A MONEY PURCHASE RETIREMENT PLAN FOR THE CITY MANAGER IN ACCORDANCE WITH THE CITY MANAGER'S EMPLOYMENT CONTRACT. Mayor Fletcher read the Resolution by title only. Motion: Adopt Resolution No. 96-25. There was no discussion before the vote and the motion carried unanimously. ~ Aetioo 0o Ordinances: A. Ordinance No. 40.96-191ntroduetion and Fint Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE PUBWC STREETS OF ATLANTIC BEACH FOR THE PURPOSES OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER, AND PROVIDING AN EFFECPIVE DATE . The Mayor presented Ordinance 95-96-67 in full, in writing and read the ordinance by title only. Motion: Pass Ordinance No. 10-96-19 on first rnding. The motion carried unanimously. "fhe Public Hearing for this ordinance will be held July 8, 1996. 7 New Business- A. Accept Automated Information Syatem (A.1.5.) Aoti-Drug Abuse Grant io the amount of 515,000 and authorize the Mayor to esernte Certificate of Acceptance NAME OF COMMAS. M S V Y V N MESERVE X REED X X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X ESERVE X REED X X ROSENBLOOM X X SHAUGHNESSY X I FLETCHER X i I Minutes Page 2 June 24, 1996 1996 Utilities System Revenue Bonds he had obtained from the City Clerk's office and a letter he had written to the F;ditor of Shorelines expressing his concerns related to the bond closing costs. He also referenced a "hand delivered" letter given to the City Attorney requesting additional information regarding bond closing costs. Commissioner Rosenbloom expressed his consternation with the repeated questions and allegations and asked that the matter be put to rest once and for all. Mayor Fletcher directed City Attorney Jensen to review the letter and provide the requested information. Empbyce of the Mouth City Manager Jarboe explained the Employee of the Month Program was established to honor outstanding employee aerforrrtance. Mayor Fletcher then introduced the Employee of the Month, Kenny phone, of the Public Works Department. On behalf of the Commission and those present, Mayor Fletcher commended Mr. Rhone for his marry years of dedicated service to the city. PubGe Works Director Kosoy also praised Mr. Rhone for his knowledge of the qty's water system and the invaluable service he provides to the citizens of Atlantic Beach. ~ Uofioished Business- A. Appointments to the Cultural Arts Board Motion: Appoint Lavinia Kubiak to s two year term on the Cultural Arts Board. There was no discussion and the motion carried unanimously. Motion: Appoint Rosemary Fletcher to a two year term on the Cultural Arts Board. There was no discussion and the motion carried unanimously. ¢, Consrnt Agenda: A. Acknowledge receipt of Public Works Projects Report B. Acknowledge receipt of Firs Department Report for May Report for May NAME OF COMMAS. M S V Y V N MESERVE X REED X ROSENBLOOM X SHAUGHNESSY I X X FLETCHER X X MESERVE X X REED X ROSENBLOOM X SHAUGHNESSY X FLETCHER X X MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, JUNE 24, 1996 PRESENT: Lyman Fletcher, Mayor John Meserve Tim Reed Steven Rosenbloom AND: Alan C. Jensen, City Attorney Maureen King, City Clerk lames Jarboe, City Manager The meeting was called to order. The invocation was followed by the Pledge of Allegiance to the Flag. L A11Rrova1 of the minutes of the Reeular Meeting held Juue 10 1996• Motion: Approve minutes of the regular meeting Kehl Juoe 10, 1996. The motion carried unanimously. 3, Rec~gpition of Visitors: A. Recognition of Employee of the Month This item was deferred until Iater in the meeting. J.P. Marchioli of 4I4 Sherry Drive reported that the drinking fountain at Russell Park did not work properly and that he was disappoimed that the concession stand at the park was not open on Fathers' Day. He further stated that he would be willing to volunteer one day a week at the concession stand to keep it open. Mayor Fletcher directed the City Manager to look into the problem with the drinking fountain. City Manager Jarboe stated that the problem was already being addressed. Alan Potter of 374 Secoud Street addressed the Commission again and referred to a copy of the final bond resohrtion for the issuance of the Series *Commissioner Rosenbloom entered the meeting at 7:20 PM and did not vote on approval of [he minutes. ME OF COMMRS. M O T I O N S E C O N D V O T E D Y E S ~ O T E D N O RESERVE X I REED X X ROSENBLOOM SHAUGHNESSY X X FLETCHER X CITY OF r~lfaKtie br'eacls - ~lmrtda 800 56AIIAOLF. ROAD f~ ---- ---- - -- --- ATLA\TI(' BEACH, FWRIUA 8223,-1445 Tt:LEPHOti E ~ 904 ~ 247-5800 FAX 19041 247-6805 ~'~ --'~.1~-spa.. SC\CO\1 &52-5800 July 2, 1996 Memorandum to: The Honorable Mayor and Members of the City Commission Ciry of Atlantic Beach Subject: "Sneak Preview" of Atlantic Beach Wastewater Treatment Plant Thursday, July 11, 1996, 5:30 p. m., Public Works, 1200 Sandpiper Lane City Commission Members: - You are cordially invited to attend a "sneak preview" of the new sewer plant on Thursday, July 11, at 5:30 p. m. Although the plant is not completely finished, it is at a point where we will be switching flow to the new treatment system. Key personnel associated with the project will be available for general comments. We will look forward to your attending this event. Please plan to meet at Public Works, 1200 Sandpiper Lane, where the tour will begin. tY t; JRJ:tI Copy to: Department Heads Rem tfully submitted, /~_ Jame .Jarboe Ci ana er ~~ Page Two AGENDA July 8, 1996 8. City Manager Reports and/or Correspondence: A. Report and related action relative to emergency repairs to the garage doors at the Public Safety Building B. Status report on Capital Improvement Projects 9. Reports and/or requests from City Commiasanen, City Attorney and City Ckric Adjournment ff arry person deader to appeal arty decision made by the City Commission with respect to arty matter considered at arty meeting, such person may need a record of the proccedings, and, for such purpose, may need to ensure that a verbatim record of the procadings is made, which record shall include the testimorty and evidence upon which the appeal is to be based. Arty person wisltirrg to speak to the City Coaunission on a~ matter at this meeting should submit a request to the City Clerk prior to the mceting. For your comenierrce, forms for this purpose are available at the emrance to the Commission Chambers. In accordarra with the Americans with Disabilities Atx and Socxion 286.26, Florida Statutes, persons with disabilities needing speaal accommodation to partiapate in this mating should wrttad the City Clerk. CITY OF ATLANTIC BEACH COMMISSION MEETING -JULY 8, 1996 AGENDA Call to order Invocation and pledge to the flag 1. Approval ofthe minutes Special Called Meeting oflune 19, 1996, Fire Department Impasse Hearing of June 19, 1996, and Regulaz meeting of June 24, 1996 2. Recognition of Visitors: A. Recognition of Atlantic Beach Lifeguards 3. Unfinished Business: 4. Consent Agenda: A. Acknowledge receipt of monthly departmental reports as follows: Building Department Code Enforcement Recreation Facilities Usage B. Public Works projects report 5. Action on Resolutions: A. No. 96-26: Resolution ofEsteem -Ruth Gregg 6. Action on Ordinances: A. Ordinance No. 40-96-19 -Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC.TO USE THE PUBLIC STREETS OF ATLANTIC BEACH FOR THE PURPOSES OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER, AND PROVIDING AN EFFECTIVE DATE New Business: A Award of contract for rehabilitation of four owner-occupied residences pursuant to the specifications of Bid No. 9596-28 B. Authorization for reallocation of moneys to provide funds for maintenance and improvements at City Hall C. Ratification of contract between the City of Atlantic Beach and Fraternal Order of Police D. Award of contract to Viaplex Welders for metal fabrication and welding at water and sewer facilities pursuant to the specifications of Bid No. 9596-21 u~