Agenda Packet 4-8-13CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
April 8, 2013 - 6:30 PM
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Regular Commission Meeting of March 25, 2013.
B. Approve the minutes of the Commission Briefing of March 21, 2013.
2. Courtesy of Floor to Visitors
A. Jacksonville Electric Authority (JEA)- Presentation of check for Energy Rebate.
3. Unfinished Business from Previous Meetings
A. City Manager's Follow -up Report.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Financial Report for February 2013 and List of New
Businesses for March 2013.
B. Renew the continuing engineering services contracts with Applied Technology &
Management, Connelly & Wicker, and Bowen Civil Engineering and authorize the City
Manager to sign the contracts for the city.
C. Authorize staff to begin negotiations with the top - ranked firm, Edwards Engineering, for
engineering services for the Stormwater Improvements for East Coast Drive.
D. Authorize the City Manager to sign the Agreement with the Jacksonville Emergency
Preparedness Division.
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 13 -05 (Mayor Borno)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, RELATING TO THE NORTHEAST FLORIDA REGIONAL COUNCIL AND
THE 2013 UPDATE TO ITS STRATEGIC REGIONAL POLICY PLAN; PLEDGING
SUPPORT FOR REGIONAL COOPERATION AND THE COMMON POLICY
FRAMEWORK PROVIDED BY THE UPDATED STRATEGIC REGIONAL POLICY PLAN
AND PROVIDING AN EFFECTIVE DATE.
1
7. Action on Ordinances
A. ORDINANCE NO. 25-13-43, Public Hearing and Final Reading
AN ORDINANCE BY THE CITY COMMISSION AMENDING THE CITY OF ATLANTIC
BEACH CODE OF ORDINANCES TO REPEAL CHAPTER 8 FLOOD HAZARD AREAS;
TO ADOPT A NEW CHAPTER 8 FLOODPLAIN MANAGEMENT ORDINANCE; TO
ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN
ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT
IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL
ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE;
PROVIDING FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
B. ORDINANCE NO. 60- 13 -18, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING
STRUCTURES, ARTICLE I, IN GENERAL, SEC. 17 -2, DEFINITIONS, AND ARTICLE II,
SIGNS PERMITTED, SEC. 17 -26, EXEMPT SIGNS, TO PROVIDE FOR THE NUMBER AND
SIZE OF FLAGS, AND PROVIDING AN EFFECTIVE DATE.
C. ORDINANCE NO. 5-13-58, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY
COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE
FOR ONE (1) REGULAR MEETING AND ONE (1) SCHEDULED WORKSHOP PER MONTH,
AND PROVIDING AN EFFECTIVE DATE.
D. ORDINANCE NO. 20-13-122, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND
ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE
8. Miscellaneous Business
A. Presentation of scope for Police Building review (Mayor Borno)
9. City Manager
A. City Manager's Report.
10. Reports and /or requests from City Commissioners and City Attorney
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record
of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk
prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission
Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the
City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, April 5,
2013.
2
To the Atlantic Beach City Commission Meeting
We will conduct meetings of the City Commission with a level of civility and respect that
the democratic process deserves. This allows for better public input and supports
making the best decisions for the citizens who we are here to serve.
We ask that everyone in the meeting practice the following principles of Respect for
each other.
Refrain from putdowns, criticism and personal attacks
Encourage others to state their views
Support each other, even if you don't agree
Practice active listening
Express yourself assertively, not aggressively, not submissively
Collaborate, do not compete or collude
Trust each other, unless and until such trust is violated
The New Managers Toolkit: 21 Things You Need to Know
MINUTES
REGULAR CITY COMMISSION MEETING
March 25, 2013
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Mike Borno
Commissioner Mark Beckenbach
Commissioner Carolyn Woods
ABSENT:
Commissioner Jonathan Daugherty
Mayor Pro Tem. Maria Mark
City Attorney Alan C. Jensen
City Manager Jim Hanson
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
Call to Order/Pledge:
Mayor Borno called the meeting to order at 6:30 p.m. Mayor Bomo gave the Invocation, followed by the
Pledge of Allegiance to the Flag.
1. A. Approve the minutes of the Regular Commission Meeting of March 11, 2013.
B. Approve the minutes of the Commission Briefing of March 7, 2013.
Mayor Bomo asked if there were any corrections to the above minutes and there being none, he stated the
minutes will stand as submitted.
2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He stated there were three proclamations but
there was no one here to receive two of them.
A. Proclamation declaring May 5 through May 11, 2013 as Municipal Clerks Week.
Mayor Borno read the proclamation declaring May 5 through May 11, 2013 as Municipal Clerks Week and
presented it to City Clerk Donna Bartle, congratulating her and her staff. Ms. Bartle thanked him for his
support and recognition and for allowing her to further her education. She stated she has really good staff and
this goes to them as well.
B. Proclamation declaring April 9, 2013 as National Service Recognition Day.
C. Proclamation declaring the month of April as Child Abuse Prevention Month.
Mayor Borno further stated the other proclamations were in recognition of National Service Day coming up
and also declaring the month of April as Child Abuse Prevention Month and they will see that they get to the
appropriate agencies.
Mayor Borno welcomed the audience and explained the process for public comments.
John November, 647 Beach Avenue, thanked River Branch Preserve Foundation stating they were blessed
to have someone so generous to know the value of our natural resources in this community and come to our
aid to make that a reality. He stated Mr. Parks told him if they had not gone to him this year, he was going to
March 25 2013 REGULAR COMMISSION MEETING Page 2
put a contract for sale this January to put a house on that property. He stated the fact that they avoided that
and continue the integrity and pristine nature and quality of our marshes is fantastic. He stated Public Works
has done a fantastic job putting in some new amenities. He further discussed acquiring the tract of land,
Bennett's Landing, to add as an entrance to Tideviews Preserve.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors.
Mayor Borno welcomed two boy scouts in the audience who are working on their merit badge.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow -up Report.
Mr. Hanson explained that Commissioner Daugherty was not here tonight due to his mother having
emergency surgery which called him out of state.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY
THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED
BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report and the Utility Sales
Report for February 2013.
Mayor Borno read the Consent Agenda.
_Motion: Approve Consent Agenda Item A as read.
Moved by Beckenbach, Seconded by Woods
Votes:
Aye: 3 — Borno, Beckenbach, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 25-13-43, Introduction and First Reading
AN ORDINANCE BY THE CITY COMMISSION AMENDING THE CITY OF ATLANTIC BEACH
CODE OF ORDINANCES TO REPEAL CHAPTER 8 FLOOD HAZARD AREAS; TO ADOPT A NEW
March 25.2013 REGULAR COMMISSION MEETING Page 3
CHAPTER 8 FLOODPLAIN MANAGEMENT ORDINANCE; TO ADOPT FLOOD HAZARD MAPS,
TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA
FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT
LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING
FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 25 -13 -43 by title.
Motion: Adopt the attached Floodplain Management Ordinance revisions as recommended by the State
of Florida Division of Emergency Management and the Community Development Board and approve
Ordinance No. 25 -13 -43 as read.
Moved by Woods, Seconded by Borno
Mayor Borno summarized the Ordinance.
Michael Griffin further explained the Ordinance, stating as a part of the City's participation in the National
Floodplain Insurance Program and because we will be adopting new maps this June, we are required to revamp
our Ordinance so it is compatible with the Florida Building Code. He stated there are no changes in the current
ordinance but when it is brought back for the second reading there will be some formatting changes to the
numbering and they will add our website into the ordinance. He answered questions from the Commission.
Votes:
Aye: 3 — Borno, Beckenbach, Woods
Nay: 0
MOTION CARRIED
B. ORDINANCE NO. 60-13-18, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE
CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, IN GENERAL, SEC.
17 -2, DEFINITIONS, AND ARTICLE II, SIGNS PERMITTED, SEC. 17 -26, EXEMPT SIGNS, TO PROVIDE
FOR THE NUMBER AND SIZE OF FLAGS, AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 60 -13 -18 by title.
Motion: Approve Ordinance No. 60 -13 -18 as read.
Moved by Woods, Seconded by Beckenbach
Mayor Borno summarized the Ordinance and the background on the flag issue. Mr. Hanson added that the City
Attorney has proposed an amendment exempting the size of the American flag on City buildings and in City
parks.
Motion: Amend the motion to include the new verbiage as submitted on Section 17 -26 (which is
attached and made part of this Official Record as Attachment A).
Moved by Woods, Seconded by Borno
Votes:
Aye: 3 — Borno, Beckenbach, Woods
Nay: 0
MOTION CARRIED
March 25, 2013 REGULAR COMMISSION MEETING Page 4
Mayor Borno called for a vote on the amended motion.
Votes:
Aye: 3 — Borno, Beckenbach, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business
A. (Public Hearing) Authorizing purchase of River Branch Property.
Mr. Hanson summarized the staff report, stating there will be a closing on the property tomorrow morning
and if the Commission approves this they need to authorize the Mayor to sign the related documents at the
closing.
Motion: Approve the purchase of the property for a total cost of $103,243.00 and authorize the
Mayor to execute the necessary documents on behalf of the City.
Moved by Woods, Seconded by Beckenbach
Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing.
Commissioner Woods stated this was a wonderful gift to the community and everyone is very grateful and
appreciative.
Votes:
Aye: 3 — Borno, Beckenbach, Woods
Nay: 0
MOTION CARRIED
B. Videotaping Commission Meetings. (City Manager)
Mr. Hanson summarized Mr. Randich's staff report. He stated the next step is for the Commission to
authorize the preparation of a budget amendment to get this done in the current fiscal year. He stated staff
understood that the Commission wants to go to the multi - camera system, which will provide the better quality
video for the public's use and explained the cost for this system. He stated if the Commission wants to
proceed they will need a budget amendment for both the capital at $31,000 and operating cost through the rest
of the year at $4,675 and staff will have that ready for a first reading at the next meeting.
Motion: Authorize staff to prepare a budget ordinance to provide for $31,000 in capital and $4,675
($935 x 5 months) in operating costs to implement this project.
Moved by Woods, Seconded by Beckenbach
Mayor Borno stated he was in favor of this because it takes away the ability to have misinformation and they
are held accountable. He stated he believes if they are going to do it they should do it right the first time.
Commissioner Beckenbach stated he believes this is an excellent opportunity for the citizens to have more
open government than we have had before and is pleased to be a part of giving everyone the opportunity to
see how Atlantic Beach conducts their business.
March 25, 2013 REGULAR COMMISSION MEETING Page 5
Discussion ensued.
Votes:
Aye: 3 — Borno, Beckenbach, Woods
Nay: 0
MOTION CARRIED
C. Pay and Classification Study Update.
Mr. Hanson explained this was discussed in the strategic workshops and it was concluded the City should get
a pay and benefits study done so it could be considered with the budget for the upcoming year. He stated this
report is to get the Commission to also put that in the upcoming budget amendment. He stated our HR
Director was able to piggyback with the consultant who just completed a similar study for Jacksonville Beach
so the cost would be $7,500, which would look at both pay and benefits.
Motion: Authorize Cody Associates to conduct a Pay and Classification Study update at an estimated
cost of $7,500 and authorize the City Manager to enter into and sign appropriate documents.
Moved by Borno, Seconded by Beckenbach
Mayor Borno further explained this scope of work will include point factor job evaluation system, position
evaluation and review of current descriptions, salary surveys, market pricing, fringe benefit analysis, review
of pay grades and salary structure, and review of compliance with Fair Labor Standards Act. He stated this
report will include compensation methodology and recommendations.
Commissioner Beckenbach stated he received a letter from a citizen questioning whether or not this was just
going to be government positions that would be reviewed or whether it would be both private and public
positions. He stated in order to know what the private competition is, they should incorporate into this not
only public but also private. Mr. Hanson stated they will be looking at the private sector also, explaining that
it depends on the job, so they will get information from both sectors. Discussion ensued.
Votes:
Aye: 3 — Borno, Beckenbach, Woods
Nay: 0
MOTION CARRIED
9. City Manager
A. City Manager's Report.
None.
10. Reports and /or requests from City Commissioners and City Attorney
Commissioner Woods
® Gave a shout out to Donna Kaluzniak for having the water loss go down.
0 Happy Easter.
March 25 2013 REGULAR COMMISSION MEETING Page 6
Mayor Borno
® Recognized and thanked the representatives who were here from River Branch.
® Reported on his trip to Tallahassee for the Florida League of Cities Legislative Action Days.
Adjournment
There being no further business to come before the Commission, the Mayor declared the meeting adjourned
at 7:08 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Mike Borno
Mayor/Presiding Officer
ATTACHMENT A
ORDINANCE NO. 60 -13 -18
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS
AND ADVERTISING STRUCTURES, ARTICLE I, IN GENERAL, SEC. 17-
2, DEFINITIONS, AND ARTICLE II, SIGNS PERMITTED, SEC. 17 -26,
EXEMPT SIGNS, TO PROVIDE FOR THE NUMBER AND SIZE OF
FLAGS, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: The following definitions contained in Sec. 17 -2, Definitions, of the Code
of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to read as follows:
"Flag: A piece of cloth or similar material having a distinctive size, color,
and design used as a symbol, standard, signal and other similar items of
recognition and may include insignias of governmental, religious, charitable,
fraternal or other organizations. Any flag and pole or attachment that frequently
holds a flag shall be deemed a permanent flag. This front.^ of flag shall no
include the flag of the united States of n Y, erie "
"Sign: Any identification, description, illustration, or device illuminated
or non - illuminated, which is visible from any outdoor place, open to the public
and which directs attention to a product, service, placed, activity, person,
institution, or business thereof, including any permanently installed or situated
merchandise; or any emblem, painting, banner, pennant, flfa , placard, designed to
advertise, identify, or convey information, with the exception of customary
window displays, official public notices and court markers required by federal,
state or local regulations; also excepting, newspapers, leaflets and books intended
for individual distribution to members of the public, attire that is being worn,
badges, and similar personal gear. "Sign" shall also ineode ^11 outdoor
advertising displays as deseribed in See4ion 3 109. 1. 1, Florida Building Code, and
Building Code."
"Sign permit: A development permit authorizing erection, placement or
installation of a sign as permitted by this chapter in accordance with the
requirements of Section 3104 of the Flofid Building Code an article V of this
chapter."
SECTION 2: Sec. 17 -26, Exempt Signs, of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to add a new subsection (14) under paragraph (b) to
read as follows:
"(14) Not more than two (2) flags per development parcel, but if there are
two 2) flags then one (1) must be the flag of the United States of America. A
development parcel with more than one (1) principal structure may have two (2)
flags for each principal structure with more than 5,000 square feet of fully
enclosed floor area . Each flag shall not exceed twenty -four (24) square feet in
area; however, this size limitation shall not apply to United States of America
flags at public buildings and parks."
SECTION 3. This Ordinance shall take effect immediately upon its final passage and
adoption.
2013.
PASSED by the City Commission on first reading this day of
PASSED by the City Commission on second and final reading this day of
, 2013.
ATTEST:
DONNA L. BARTLE
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
LOUIS BORNO, JR.
Mayor, Presiding Officer
Ordinance No. 60 -13 -18 Page 2 of 2
Minutes of Commission Briefing
March 21, 2013
Present: Mayor Mike Borno, Mayor Pro Tern Maria Mark, Commissioners Mark Beckenbach
and Jonathan Daugherty, City Manager Jim Hanson, Human Resource Director Sue Danhauser,
one reporter and one citizen. Commissioner Carolyn Woods was absent.
The meeting was called to order in the Commission Chamber at 3:02 pm.
Subjects discussed included several items on the Agenda for the upcoming Commission meeting
on March 25, 2013, as follows, with Mr. Hanson reporting on each item:
1. Commission Meeting March 25, 2013
• 7B — Ordinance on the number and size of flags allowed
• 8A — Purchase of property to add to River Branch Preserve
• 8B — Videotaping commission meetings
• 8C — Pay and Classification Study
2. Agenda for Meeting on April 8th. The City Manager stated he did not normally go over
the agenda for meetings farther in the future except the one for the Monday following the
agenda briefing. The list of items that were coming up on the April 8th meeting caused it
to be unusual and he wanted to review it with the City Commissioners. Items scheduled
for that meeting are as follows:
Impasse hearing of the Blue Collar Union. Because of the concern over the time that
it would take for this item, it was decided that a special meeting would be scheduled
for 5:30 pm on April 8th so that this item could be handled before the regular meeting.
• Presentation of the audit for FY 11 -12. The City Manager indicated he may ask the
auditor to delay presenting this to the City Commission until the following meeting
th
because of the lengthy agenda for the meeting on April 8
• Ordinance to change the meeting schedule (deferred from 3/11/13 meeting)
• Recommendations to amend the Animal Control Ordinance, particularly with
reference to dangerous dogs. There was a discussion about this item and, because of
the crowded agenda for the April 8th meeting, Commissioners requested that it be
delayed for presentation until the next meeting on April 22 °d
Award annual resurfacing contract.
B Approve consultant to design East Coast Drive draining project.
• Budget amending ordinance for the pay study and videotaping (1St reading)
® Flag Ordinance (2 "d reading)
® Floodplain Management Ordinance (2 °d reading)
3. Discussion about the need to schedule the next pre - agenda workshop. Even though the
ordinance to change the meeting schedule to eliminate the need for these pre- agenda
workshops was deferred until the meeting on April 8th, there would still be one more pre -
agenda workshop if the Commission followed the normal schedule. Consequently, a
consensus was reached to schedule the next pre- agenda workshop on Thursday, April 0
at 3 pm.
4. Public Input; Mitch Reeves was the only citizen who spoke. He recommended that
everyone stand at the pre- agenda workshop which would make the workshops go faster.
5. Code Enforcement Complaints dealing with the Dagley junkyard. Commissioner
Daugherty asked the City Manager for a brief summary of the City's actions and response
to complaints received earlier this week about cars and possible pollution in and around
the Dagley junkyard.
6. Commissioner Daugherty reported that he had met earlier this week with developers for
the Selva Marina Golf Course and raised issues of concern about pedestrian access,
automobile access, meeting Atlantic Beach building codes and the overall traffic impact
in Atlantic Beach, and particularly at the five -way stop intersection.
There was no further business and the meeting was adjourned at 3:50 pm.
Jim Hanson, City Manager Mike Borno, Mayor
Fund
City of Atlantic Beach AGENDA ITEM # 4A
FINANCIAL REPORT APRIL 8, 2013
February 2013
Cash Balances
Prior
01/31/13
Current
02/28/13
Dollar Percent
Change Change
General
$8,074,639
$7,648,928
($425,711)
-5.27%
Tree Replacement
6,493
6,493
0
0.00%
Convention Development Tax
45,947
57,244
11,297
24.59%
Local Option Gas Tax
150,447
169,506
19,059
12.67%
Better Jax 1/2 Cent Sales Tax
201,548
232,890
31,341
15.55%
Police Training, Forfeiture, Grants, etc.
153,147
169,717
16,570
10.82%
Community Development Block & ARRA Grants
24,398
23,875
(524)
-2.15%
Debt Service
28,509
34,504
5,995
21.03%
Capital Projects
2,779,578
2,785,918
6,339
0.23%
Utility
5,292,407
5,252,691
(39,715)
-0.75%
Sanitation
696,171
692,784
(3,388)
-0.49%
Building Code Enforcement
89,416
91,471
2,056
2.30%
Storm Water
1,394,928
1,442,434
47,506
3.41%
Pension - Police
13,034
3,134
(9,901)
- 75.96%
Pension - General
197,023
233,794
36,771
18.66%
Subtotal
Total $19,147,685
$18,845,382
($302,303)
-1.58%
Total Restricted Cash $7,980,635
Total Unrestricted Cash $10,864,747
Cash and Investments
Annual Prior Current Dollar Percent
Account Yield 01/31/13 02/28/13 Change Change
Bank of America - Depository
Columbia US Government MTG A
Eaton Vance Government Obligations A
Loomis Investment Grade Bond A
Loomis Sayles Limited Gov an Agency
Lord Abbett Income A
Delaware Diversified Income Fund
Lord Abbett Short Duration Fund
Invesco Corporate Bond A
Pioneer Strategic Income A
Legg Mason WA Cash Reserve Fund
Nuveen Total Return Bond Fund A
MSSB Money Market/Cash
SBA - Florida Prime
Cash on Hand
Police Pension Investments
General Pension Investments
* Denotes the 30 day SEC Yield Anualized
0.25%
$3,324,908
$2,973,805
($351,102)
- 10.56%
1.69% *
1,000,223
1,003,541
3,318
0.33%
1.62% *
1,313,273
1,319,312
6,039
0.46%
2.47% *
1,529,246
1,525,764
(3,482)
-0.23%
1.50% *
995,973
997,666
1,693
0.17%
3.55% *
1,512,583
1,523,619
11,036
0.73%
2.25% *
1,686,613
1,693,272
6,658
0.39%
2.27% *
1,011,965
1,014,982
3,017
0.30%
2.44% *
1,872,942
1,886,670
13,728
0.73%
3.56% *
1,904,700
1,911,581
6,880
0.36%
0.01% *
1,001,180
1,001,274
94
0.01%
3.84%
1,987,910
1,987,726
(184)
N/A
0.00%
2,691
2,691
0
N/A
0.25%
328
328
0
0.12%
0.00%
3,150
3,150
0
0.00%
Subtotal
19,147,685
18,845,382
(302,303)
-1.58%
7,201,786
7,266,401
64,615
0.90%
12,992,068
13,041,365
49,297
0.38%
Subtotal
20,193,854
20,307,766
113,912
0.56%
Total
$39,341,539
$39,153,148
($188,391)
-0.48%
City of Atlantic Beach AGENDA ITEM # 4A
FINANCIAL REPORT APRIL 8, 2013
February 2013
Revenues
Fund / (Footnote)
Annual
Estimate
YTD - 42%
of Estimate
YTD
Actual
Dollar
Variance
Percent
Variance
General (1)
$10,994,301
$4,580,959
$6,375,368
$1,794,409
39.17%
Convention Development Tax
70,000
29,167
36,097
6,930
23.76%
Local Option Gas Tax
433,655
180,690
178,419
(2,271)
-1.26%
Better Jax 1/2 Ct Sales Tax
657,738
274,058
284,966
10,909
3.98%
Police Training, Forfeiture & Grants, etc.
109,860
45,775
58,741
12,966
28.33%
Grants - (3)
108,866
45,361
68,960
23,600
52.03%
Debt Service
71,900
29,958
29,741
(217)
-0.73%
Capital Projects
5,000
2,083
7,052
4,969
238.50%
Utility - (4)
8,610,929
3,587,887
3,382,915
(204,972)
-5.71%
Sanitation
1,814,950
756,229
755,632
(597)
-0.08%
Building Code Enforcement - (5)
282,600
117,750
127,194
9,444
8.02%
Storm Water
1,097,430
457,263
464,927
7,665
1.68%
Pension - Police (2)
1,233,745
514,060
381,078
(132,982)
- 25.87%
Pension - General (2)
2,174,392
905,997
800,636
105,361
- 11.63%
Total $27,665,366 $11
Analysis of Major Variances
$12,951,726 $1,424,491
(1) The positive variance in the General Fund is mostly a result of having received property
taxes. Those taxes began to arriving in November. The bulk of the receipts came in
December. Also included is the receipt of the donation for the land purchase.
(2) The $132,982 negative variance in the Police Employee Pension Fund & the $105,361
negative variance in the General Employee Pension Fund resulted from changes in
market values of the investments of less than the assumed amount..
(3) Grant revenues are higher than the budget because C.D.B.G. grant proceeds related to
last year's grant expenditures were received this year.
(4) Utility sales were well under budget for Year to Date through February for both Water and
Sewer. Base charges are below budget by about 4% and volume sales are below
projections by about 14% in water and 8% in sewer.
(5) Building Permit fee revenues are running 9% above projections.
12.36%
City of Atlantic Beach
FINANCIAL REPORT AGENDA ITEM
APRIL 8, 2013 3
February 2013
4A SIT=
Department / (Footnote)
Annual
Estimate
YTD - 42%
of Estimate
YTD
Actual
Dollar
Variance
Percent
Variance
Governing Body
$42,645
$17,769
$16,952
$817
4.60%
City Administration
2,376,735
990,306
941,031
49,275
4.98%
General Government (2)
811,922
338,301
548,661
(210,360)
- 62.18%
Planning and Building
443,666
184,861
169,126
15,735
8.51%
Public Safety (1,5 )
5,592,274
2,330,114
1,914,336
415,778
17.84%
Recreation and Special Events
397,376
165,573
163,733
1,840
1.11%
Public Works (3)
6,078,591
2,532,746
1,830,283
702,463
27.74%
Public Utilities (4)
9,351,075
3,896,281
4,215,155
(318,874)
-8.18%
Pension - Police
653,056
272,107
280,619
(8,512)
-3.13%
Pension - General
789,485
328,952
362,721
(33,769)
- 10.27%
Total
$26,536,825
$11,057,010
$10,442,617
$614,393
Annual
YTD - 42%
YTD
Dollar
Percent
Resource Allocation
Estimate
of Estimate
Actual
Variance
Variance
Personnel Services (5)
Operating Expenses (2)
Capital Outlay (1) & (2)
Debt Service (4)
Transfers
Total
$9,549,191
$3,978,830
$3,570,546
$408,284
10.26%
10,156,097
4,231,707
3,626,890
604,817
14.29%
2,987,867
1,244,945
919,693
325,252
26.13%
2,519,412
1,049,755
1,773,714
(723,959)
- 68.96%
1,324,258
551,774
551,774
0
0.00%
$26,536,825
$11,057,010
$10,442,617
$614,393
Analysis of Major Variances
(1) The positive variance in the Public Safety divisions is primarily due to not having paid for
the second quarter of the fire services contract with Jacksonville. This is about 249,000.
The Lifeguard expenses have not begun yet and the deferral of the budgeted
expenditures on the Police Building add to that variance - see Project Activity Schedule.
(2) The negative variance in General Government results from the purchase of land in
November for $225,422. Another part of this variance is the prepayment of Insurance at
the beginning of the year.
(3) The variance in the Public Works Department is due to project activity budgeted that
has not been completed. - see Project Activity Schedule.
(4) The negative variance in the Public Utilities divisions results from paying the majority of
the annual debt service payments and insurance at the beginning of the year.
(5) The positive variance in the Personnel Services resulted from vacant positions that
have not been filled. The City budgets full employment, so any vacancy contributes to a
positive variance. The Lifeguards are typically seasonal employees working May through
September.
City of Atlantic Beach
FINANCIAL REPORT AGENDA ITEM #4A
APRIL 8, 2013
February 2013
Project Activity - Current Year Activity Only
Project YTD YTD
Project Name Number Budget Actual Balance Status
Public Safety
PM1301
38,700
38,700 1
Police Building Renovation /Design /Construction
PS0504
60,000
0
60,000
Rose Park Development
PM1302
$ 60,000 $
6,813
218,187 E
-
$ 60,000
79,064
79,064 E
Public Utilities:
PW1302
25,000
5,378
19,622 1
TMDL - Lift Station /Main Transfer Flow
PU0906
9,282
1,716
7,566
TMDL Upgrade /Construction - WWTP #1
PU1106
147,862
63,200
84,662
TMDL Sludge /Odor Improvements
PU1110
144,606
15,261
129,345
Water Main - 12th Street at Ocean Blvd /Beach Ave
PU1204
36,962
16,673
20,289
Water Main - 14th & 15th Street at Ocean Boulevard
PU1205
201,657
96,364
105,293
Rehab of Interior of Tank #1
PU1301
45,000
45,000
Rehab of Ground Storage Tank #2
PU1302
20,000
$1,855,763
20,000
Recoat Both Ground Storage Tanks WP #3
PU1303
40,000
40,000
Replace the Water Main on Pine Street
PU1304
90,000
4,156
85,844
Replace 4" Water ?Main at Wonderwood and Finegan
PU1305
180,000
8,324
171,676
PT Repair at Lift Station C
PU1306
40,000
40,000
PT Repair at West 6th and Stock
PU1307
55,000
55,000
Repair 24" Effluent Force Main
PU1308
86,000
86,000
Repair 12" Force Main
PU1309
56,000
56,000
Replace Yard Pump
PU1310
18,435
18,435
Sewer Rehabilitation 2013
PU1311
202,300
162,823
39,477
Subtotal $ 1,373,104 $ 368,517 $ 1,004,588
Public Works:
Marsh Master Plan Signs
PM1301
38,700
38,700 1
Marsh Master Plan Project Design
PM1303
34,000
8,500
25,500 E
Rose Park Development
PM1302
225,000
6,813
218,187 E
Dutton Island Road Sidewalks
PW 1301
79,064
79,064 E
Sidewalk and Curb Replacements
PW1302
25,000
5,378
19,622 1
City Hall Parking Lot Lights
PW 1303
32,000
32,000 B
Irregation Improvements Atlantic Blvd.
PW 1304
4,600
4,600 C
Sidewalk on West 9th Street
PW 1305
33,000
19,499
13,501 C
East Coast Drive Drainage Improvements
PW 1306
360,000
360,000 R
Subtotal
$ 791,174
$ 831,364
$ 40,190
Total
$1,855,763
$2,264,468
$ 408,707
Status Key
A - Bid Advertised E - Design Phase
B - Bid Awarded I - Project In- progress
C - Project Completed N - Complete /Non - Capital
D - Design Completed R - Re- budget Next Fiscal Year OR Re- Evaluated
DE - Deferred X - Project Cancelled
AGENDA ITEM # 4A
APRIL 8, 2013
PREPARED 4/01/13,10:53:32
LICENSE ACTIVITY REPORT BY BUSINESS NAME
City of Atlantic Beach NEW
LICENSES
FOR YEAR: 2013 BETWEEN: 03/01/13 TO 03/31/13
PROGRAM OL122L
DEPT:
ALL DEPARTMENTS CLASS: ALL CLASSES
----------------------------------------------------------------------------------------------------------------
LIC #
BUSINESS NAME
ISSUED
TYPn
CLASSIFICATION
----------------------------------------------------------------------------------------------------------------
BUSINESS ADDRESS
BUS PHONE #
13- 00007668
ADVANTAGE SIGNS & ADVERTISING,
3/22/13
NEW
PRINTER /PRINT SHOP
31 LEWIS ST
904- 247 -1228
ATLANTIC BEACH FL 32233
13- 00007672
BEACHES LAWN ENFORCEMNT
3/27/13
NEW
LAWN/YARD-SERVICE
1108 VIOLET ST
904 - 708 -3254
ATLANTIC BEACH FL 32233
13- 00007666
BEACHES TUTORING
3/19/13
NEW
MISC. SERVICE ESTABLISHMENT, NOT
LIS
447 ATLANTIC BLVD UNIT 03
904- 994 -1005
ATLANTIC BEACH FL 32233
13- 00007671
CEVICHE JAX
3/26/13
NEW
RESTAURANTS(INC. SNACK BARS & TAKE 0
695 ATLANTIC BLVD
305 -910 -6205
ATLANTIC BEACH FL 32233
13- 00007670
COASTAL ACUPUNCTURE, INC.
3/22/13
NEW
ACUPUNCTURIST
60 OCEAN BLVD
904 - 477 -4898
ATLANTIC BEACH FL 32233
13- 00007663
HIGH POINT DELIVERY
3/11/13
NEW
SOLICITATION, DOOR TO DOOR
OUTSIDE CITY
866- 941 -1492
ATLANTIC BEACH FL 32233
13- 00007662
JOLIVETTE CLEANING SERVICE
3/11/13
NEW
CLEANING /JANITORIAL /MAID SERVICE
680 PALM AVE
904 - 469 -9734
ATLANTIC BEACH FL 32233
13- 00007664
JURIJ P. OZIMKOVSKI
3/11/13
NEW
AUTO: CAR WASH
1110 MAYPORT RD
904 - 742 -0642
ATLANTIC BEACH FL 32233
13- 00007660
MRHARDING ENTERPRISES INC.
3/11/13
NEW
MISC. SERVICE ESTABLISHMENT, NOT
LIS
635 JASMINE ST
904 - 352 -6064
ATLANTIC BEACH FL 32233
13- 00007665
SCRUBS RESIDENTIAL AND COMMERC
3/19/13
NEW
CLEANING /JANITORIAL /MAID SERVICE
554 STOCKS ST
904- 234 -4042
ATLANTIC BEACH FL 32233
Jt
13- 00007667
THE MUSEUM
3/19/13
NEW
MISC. SERVICE ESTABLISHMENT, NOT
LIS
210 MAYPORT RD
904 - 398 -7060
ATLANTIC BEACH FL 32233
13- 00007661
US ONE MM ONE INC.
3/11/13
NEW
INTERNET SALES
317 2ND ST
904- 253 -0263
ATLANTIC BEACH FL 32233
GRAND TOTALS
-------- - - - -
-- NEW LICENSES ------- - - - - --
AC:
11
pp:
1
IN:
0
VO:
0
PG:
0
BR:
0
OB:
0
uc:
0
LIC:
12
AGENDA ITEM 4 4B
AIT 11, 8, 2013
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA, ITEM: Renewal of Continuing Contract for Professional Engineering Services
RFP No. 14 -04
SUBMITTED BY: Rick Carper, P.E., Public Works Director �
Donna Kaluzniak, CEP, Public Utilities Director,
DATE: March 14, 2013
STRATEGIC PLAN LINK: N/A
BACKGROUND: In March, 2:010, the City Coirunission awarded continuing engineering service
contracts to three gismo (Applied Technology & Management, Bowen Civil Engineering, and
Connelly & Wicker) in order to expedite: small to intermediate engineering and construction
projects. It is in the City's best interest to have three engineering firths in order that multiple
projects can be completed expeditiously, and to take advantage of a particular firm's ability to
complete a specific size and type of project which may include stormwater, roadway, wastewater
or other Public Works ot. Utilities projects.
These arc nonexclusive contracts for a period of three years, renewable for an additional two
years. The continuing contracts are used for projects with in estimated construction cost of
$500,000 or less or studies under $50,000. Fees under these contracts are not to exceed $50,000,
and any project cast greater than $25,000 requires City Commission approval.
The approval of the recommendation in this staff report will not commit funding toward any
project at this tune. If and when fees and services are agreed upon by the interested parties, these
projects exceeding $25,000 in fees will be brought back to the Commission for review and
approval.
All three firms have submitted letters stating their intent to renew their contract for two years.
Bowen Civil Engineering requested the authorized rate increase in accordance with the Consumer
Price Index; Applied 'T'echnology & Management and Connelly & Wicker are not requesting a
rate increase.
BUDGET: Funds for design services are or will be budgeted under specific projects or under the
Professional Services (3 100) line item for the appropriate accounts.
RECOMMENDATION: Renew the continuing engineering services contracts with Applied
Technology & Management., Connelly & Wicker, and Bowen Civil Engineering and authorize tile
City Manager to sign the contracts for the city.
ATTACHMENTS:
1. Letters requesting contract renewal for° Applied Technology & Management, Bowen Civil
Engineering; (revised fees), and Connelly and Wicker.
REVIEWED BY CITY MANAGER:
A rM I
I .1A I U.
411 PABLO AVENME
JACKSONVILLE BEACH, FL 32250 -5444
(1104) 349 -900'9 rAx 249 6007
www.appliLdim.com
March 25, 2013
Mr. Rick Carper
Public Works [director
City cf Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, FL 32233 -4318
Re: Technical Consulting Services Agreement — Request for Extension
Dear Mr. Carper:
A( 4-IN DA mvm r/ 4.0
APRIL 8, 2013
Applied Technology & Management, Inc. (ATM) is pleased to request an extension of this
agreement for an additional two years. We are not requesting an increase in our approved rate
structure at this time.
If you have any questions or need additional information, please call me.
Sincerely,
APPLIED 'TECHNOLOGY & MANAGEMENT, INC.
}
Stephen C. Swann, P.E.
Vice President
SS/ph
Coastal, F-, illvll`lllllllL ntul, Alorllle, Cllid Water Ii G'. oui -ceS El gineeiing
AGENDA ITEM # 411
APRIL 8, 2013
BOWEN CIVIL ENGINEERING, 01C,
8075 Gate Parkway W, Suite 204
Jacksonville, Florida 32216
Telephone: 904 - 737 -0090
Fax: 904 - 737 -0040
E -mail: cbeng @boweneng.com
March 26, 2013
Mr. Rick Carper, PE
Public Works Director
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, FL 32233 -4318
RE: Technical Consulting Services Agreement — Request for Extension
Dear Mr. Carper:
Bowen Civil Engineering, Inc. (BCE) is pleased to request extension of this agreement for an
additional 2 years. I have enclosed our revised rates with the Consumer Price Index
adjustments.
If you have any questions, please contact me at 737 -0090.
Sincerely, n
Randy Downing, PE
Vice President
Enclosures: BCE Contract Rate Adjustment
US Dept of Labor — Consumer Price Index
Roadway - Drainage - Utilities - Land Development
AGENDA ITEM # 413
APRIL 8, 2013
CITY OF AT CONTINUING CONTRACT
• 1 J
BCE No: 09 -004
% Change in CPI Calculation for 2013 Rates:
CPI for Feb. 2013:
225.9
Less CPI for Apr 2010:
% Change
= Index Point Change:
14.3
_ % Change
2010
in CPI
2013
Principal
$
60.00
6.8%
$64.07
Project Manager
$
50.45
6.8%
$53.87
Project Engineer
$
40.15
6.8%
$42.87
Project Engineer
$
30.00
6.8%
$32.03
Clerical
$
18.75
6.8%
$20.02
% Change in CPI Calculation for 2013 Rates:
CPI for Feb. 2013:
225.9
Less CPI for Apr 2010:
211.5
= Index Point Change:
14.3
_ % Change
6.8%
NOTE. % Change in CPI is based on the South Urban Index for All Goods.
AGENDA ITEM # 4B
APRIL 8, 2013
Table 11. Consumer Price Index for All Urban Consumers (CPI -U): Regions', by expenditure category and commodity and service
group
(1982 -84 =100, unless otherwise noted)
See footnotes at end of table.
49 CPI Detailed Report-April 2010
Northeast
Midwest
South
West
Index
Percent
index
Percent
Index
Percent
Index
Percent
Item and group
change from-
change from-
change from-
change from -
Apr.
Apr'
Apr.
Apr'
Apr.
Mar.
Apr.
Mar.
Apr.
Mar.
Apr.
Mar.
2010
2009
2010
2010
2009
2010
2010
2009
2010
20f0
2009
2010
Expenditure category
All items ....................... ...............................
233.615
2.5
0.2
207.777
2.7
0.2
211.528
2.4
0.1
221.202
1.5
0.2
All items (December 1977 =100) ................
367.872
-
.
338.064
.
343.128
357.560
Food and beverages .. ...............................
225.946
1.1
.4
213.023
.5
.0
217.724
.8
.0
221.917
-.2
-.1
Food ......................... ...............................
225.429
1.0
.5
212.164
.3
.0
218.380
.8
10
221.100
-.3
-.1
Food at home ......... ...............................
223.648
.8
.8
205.991
-.1
.0
213.194
.6
-.1
221.191
-1.4
-.4
Food away from home ..........................
230.692
1.3
.0
221.531
.7
.1
228.213
1.1
,2
219.732
1.1
.3
Alcoholic beverages . ...............................
231.657
1.6
.1
222.610
3.0
-.1
207.573
.5
.0
230.104
.0
-.4
Housing ............... ............... ___ ...............
243.640
.4
-.1
196.014
.3
-.3
200.554
-.9
.0
225.667
-1.6
-.1
Shelter ..................... ...............................
291.080
.3
-.1
226.704
.3
.0
222.021
-.8
.0
252.264
-2.1
-.1
Rent of primary residence 2 ..................
285.635
1.1
.1
221.882
1.2
.0
223.297
1
1
258.523
1.1
0
Owners' equivalent rent of residences 2
3 ..... ....... ........ .......... I ... "I ..... ... .......
303.228
1.1
-.1
231.435
1.1
.0
225.661
-.4
A
266.434
-1.9
-.1
Owners' equivalent rent of primary
residence 2 3 ............. .... ........... ..
.
303.219
1.1
-,2
231.433
1.1
.0
225.662
-.4
.1
266.448
-1.9
-.1
Fuels and utilities ............... I....................
216.458
2.8
-.1
196.347
3.7
-1.8
211.773
-.8
.1
236.353
5.1
.4
Household energy .. ...............................
200.241
2.5
-.2
169.922
3.2
-2.3
180.171
-2.6
A
216.840
4.1
.4
Gas (piped) and electricity 2 ...............
200.516
-1,5
-.6
175.231
2.6
-2.4
180.489
-3.1
.2
218.856
3.5
.3
Electricity 2 ....................................... ,
195.991
3.1
1.7
169.828
3.0
-.1
175.665
-3.8
18
237.400
5.4
.0
Utility (piped) gas service 2 ...............
197.938
-11.3
-5.7
178.010
1.8
.6.3
197.783
1.1
-3.6
188.365
-2.4
1.5
Household furnishings and operations ...
126.413
-2.2
-.3
118.804
-3.9
-.8
127.484
-2.0
-.3
130.678
-3.4
-1.0
Apparel ...................... ...............................
125.004
2.3
.3
114.411
-.6
.3
131.612
-2.9
-.9
115.334
-1.1
.9
Transportation ............ ...............................
192.605
11.5
.8
194.770
13.1
1.3
192.032
14.3
.9
196.467
11.7
.9
Private transportation ..............................
186.480
11.9
3
189.469
13.4
1.2
190.363
14.6
.9
190.692
12.1
.8
New and used motor vehicles 4 ............
96.137
3.4
-.6
96.789
4.0
-.3
97.192
5.5
-.1
96.866
5.6
-.1
New vehicles ........ ...............................
137.311
1.6
-A
132.105
1.4
-.4
143.158
2.5
-.3
137.489
3.5
-.2
New cars and trucks 4 5 ....................
95.154
1.6
-.4
93.457
1.6
-.4
97.409
2.5
-.2
95.444
3.4
-.2
New cars 5 ......... ...............................
134.416
.9
-.5
130.893
.4
-,4
146.463
2.5
-.3
138.268
1.7
-.4
Used cars and trucks ..........................
146.451
15.9
.3
141.489
16.2
,4
140.296
17.3
.2
139.326
16.4
.5
Motor fuel ............... ...............................
236.110
37.6
2.6
252.506
40.5
4.2
242.819
38.5
2.6
246.417
35.8
2.7
Gasoline (all types) .............................
235.293
38.0
2.6
252.385
40.6
4.2
242.219
38.7
2.6
246.006
35.9
2.7
Gasoline, unleaded regular 5 ............
236.508
39.0
2.7
251.100
41.2
4.3
241.092
39.7
2.6
245.020
36.6
2.7
Gasoline, unleaded midgrade 5 6 .....
238.814
35.8
2.4
276.870
40.2
3.8
252.830
37.2
2.6
230.816
35.0
2.6
Gasoline, unleaded premium 5 .........
227.670
34.4
2.4
247.591
36.7
4.0
240.304
35.4
2.5
235.284
33.6
2.4
Medical care .............. ...............................
408.407
3.3
.3
386.235
3.7
.1
370.000
4.0
.3
395.098
3.3
-.1
Medical care commodities ......................
339.402
4.4
.5
311.458
3.5
.1
299.998
2.7
.0
319.275
3.9
.3
Medical care services .............................
426.080
2.9
.3
410.964
3.7
.1
393.138
4.5
.4
417.999
3.1
-.3
Professional services ............................
329.894
2.4
.3
350.922
3.7
.1
326.351
3.9
.6
302.359
1.6
-.1
Recreation 4 ............... ...............................
118.281
1.0
.4
115.348
-.5
.8
114.239
-1.3
-.3
108.416
-.4
.8
Education and communication 4 ...............
132.992
1,9
-.2
130.589
2.1
.2
125.272
2.8
.0
129.397
2.7
.3
Other goods and services .........................
403.731
2.6
-.1
365.143
1.6
.1
372.707
3.2
.2
373.133
1.2
-.1
Commodity and service group
411 items ....................... ...............................
233.615
2.5
.2
207.777
2.7
.2
211.528
2.4
.1
221.202
1.5
.2
Commodities .............. ...............................
180.821
4.7
.4
171.419
4.4
.4
176.820
4.8
.2
172.769
3.9
.3
Commodities less food and beverages ...
154.011
7.2
.4
149.920
6.9
.7
155.756
73
.3
146.532
6.4
.5
Nondurables less food and beverages
193.018
11.0
.7
191.271
11.1
13
199.754
10.8
.6
183.752
9.8
1.0
Nondurables less food, beverages,
and apparel .. ...............................
246.563
14.5
.9
241,276
15.3
1.6
241.942
15.7
1.1
232.005
13.9
1.0
Durables ................ ...............................
109.366
1.2
-,2
108.744
.9
-.3
114.599
2.3
-.2
111.892
2.4
-.3
Services ..................... ...............................
285.349
1.2
.0
245.734
1.5
.0
247.099
.7
.1
265.382
.0
.1
Rent of shelter 3 ....... ...............................
304.426
.3
1
232.875
.2
.0
228.235
-.8
.0
268,283
-2.2
-.1
Transportation services ..........................
245.997
4.1
.4
265.080
3.6
.5
265.788
5.1
.4
259.855
2.7
.3
See footnotes at end of table.
49 CPI Detailed Report-April 2010
AGENDA ITEM # 4B
APRIL 8, 2013
Table 11. Consumer Price Index for All Urban Consumers (CPI -U): Regions', by expenditure category and commodity and service
group
(1982 -84 =100, unless otherwise noted)
See footnotes at end of table.
58 CPI Detailed Report- February 2013
Northeast
Midwest
South
West
Index
Percent
Index
Percent
Index
Percent
Index
Percent
Item and group
change from-
change from-
change from-
change from -
Feb.
Feb.
Feb.
Feb.
Feb
Feb.
Jan.
Feb.
Jan.
Feb.
Jan.
2013
2012
2013
2013
2012
2013
2013
2012
2013
2013
2012
2013
Expenditure category
All items ....................... ...............................
248.665
2.0
0.6
221,599
2.2
1.1
225.874
1.8
0.9
234,595
2.0
0.8
All items (December 1977 =100) ..............
391.571
360.554
-
366.398
-
-
379,210
Food and beverages .. ...............................
242.682
1.6
-.1
229.832
1.6
.0
234,932
1.7
.2
237,773
1.6
-.1
Food ......................... ...............................
242.461
1.6
-.2
229.204
1.7
.0
236.042
1.7
.2
237.492
1.6
-.2
Food at home ......... ...............................
242.105
1.4
-.4
223,132
.8
-.1
232.784
1.4
.2
238,672
1.3
-.3
Food away from home ..........................
246.035
1,8
.1
239.064
3.1
.1
243.532
2.3
.2
234.645
2.0
.0
Alcoholic beverages . ...............................
244.299
1.9
.7
236.786
1.2
.8
218.714
1.0
.3
238.163
1.6
.6
Housing ...................... ...............................
254.836
1.9
.2
204.065
1.8
.3
209.213
1.7
.2
236,310
2.3
.3
Shelter ..................... ...............................
306,049
2.1
.3
237.137
2.2
.3
234.459
2.4
.3
264,607
2.3
.2
Rent of primary residence 2 ..................
305,518
2.7
.4
233,968
2.3
.1
237.828
3.0
.1
276.009
2.8
2
Owners' equivalent rent of residences 2
3 ..................... ...............................
317.613
1.9
A
241.806
2.2
.2
237.564
2,2
.1
278.373
2.2
.2
Owners' equivalent rent of primary
residence 2 3 ...............................
317.516
1.9
.1
241.807
2,2
.2
237,551
2,2
.1
278.383
2.2
.2
Fuels and utilities ..... ...............................
224.236
2.3
.0
206.225
1.9
.4
215,511
-.4
.1
257.438
4.7
1.1
Household energy .. ...............................
203.916
2.1
-.1
174.528
1.2
.4
177.719
-2,2
,1
227.425
3.9
1.0
Energy services 2 . ...............................
189.781
2.4
-.9
180.189
1.9
.4
177,098
-2.1
.1
228.971
4.1
1.0
Electricity 2 ......... ...............................
187.824
1.6
-11
187.974
2.7
.9
174.261
-2.9
.0
257.116
6,3
.7
Utility (piped) gas service 2 ...............
182.430
4.1
-.3
158.515
.3
-.7
180,899
2.9
.3
176.959
-2.3
1.9
Household furnishings and operations ...
128.298
.0
-.2
118.336
-1.0
.3
126.268
-.5
.2
129.648
-.3
.3
Apparel ...................... ...............................
129.525
2.7
2,1
119338
2.7
1.8
134.698
2.1
1.6
119.349
2.4
.0
Transportation ............ ...............................
219.243
2.7
2.0
220.321
3.4
4.7
220.182
1.9
3.3
217,394
1.9
3.6
Private transportation ..............................
212.106
2.3
2.1
214.849
3.5
5.0
218.690
1.8
3.4
211,663
1.9
4.0
New and used motor vehicles 4 ............
99.152
.4
.1
99.963
.0
.6
101.271
.4
.3
100.450
1,1
.4
New vehicles ........ ...............................
144.761
1.5
-A
139.476
.8
.3
150.955
.7
.0
145,854
1.8
.0
New cars and trucks 4 5 ....................
100.327
1.5
-.2
98.766
.8
.3
102.769
.8
.1
101.222
1.7
.0
New cars 5 ......... ...............................
140.378
1.5
-.2
137.930
.7
.1
154.432
,4
.0
147.185
1.6
.0
Used cars and trucks ..........................
155,992
-.2
.8
148,349
-.4
.9
145.404
-.2
1.0
141.166
.0
1.1
Motor fuel ............... ...............................
312.225
3.4
6.0
327.424
6.7
13.7
315,147
1.9
8.8
311.119
2.7
11.3
Gasoline (all types) .............................
310.952
3.4
6.1
326,060
6.7
14,0
313.606
1.9
9.0
309,760
2.7
11.5
Gasoline, unleaded regular 5 ............
312,367
31
6.4
324.567
6.5
14.2
312.371
1.6
9.2
308.696
2.7
11.6
Gasoline, unleaded midgrade 5 6 ...
316.403
4.0
5.2
356.429
6.4
13.8
326.842
2.3
8.5
291,226
2.9
11.2
Gasoline, unleaded premium 5 .........
300.889
4.5
5.1
319.869
7.8
13.3
310.664
2.8
8.4
294.835
2.7
11.2
Medical care .............. ...............................
444.784
2,6
.8
424.841
3,5
.5
403.883
3.4
.5
429,214
2.7
.7
Medical care commodities ......................
364,692
-.2
.5
339.206
2.2
.7
317.202
1.4
-.4
331.091
-.8
-.1
Medical care services .............................
466.095
3.6
.8
453.548
3.9
.4
433.759
4.1
.8
460.117
3.7
.9
Professional services ...........................
347.338
1.8
5
374,429
2,2
,2
346.717
2.7
,4
321.866
2.6
.4
Recreation 4 ................... ........
120.922
1.0
.6
117.378
1.1
.3
115.116
.9
.3
109.587
.6
.7
Education and communication 4 ...............
136.452
1.4
.1
137,193
1,7
.2
132.120
1.7
.3
136.754
2.1
.2
Other goods and services .........................
431.003
1.6
A
383.179
1.9
.0
390.774
2.2
.6
388.764
1.4
-.1
Commodity and service group
III items ....................... ...............................
248.665
2.0
.6
221.599
2.2
1.1
225.874
1.8
.9
234.595
2.0
.8
Commodities .............. ...............................
195,917
1.3
1.0
184.925
1.7
2.1
190.462
1.0
1.6
183.729
1.1
1.5
Commodities less food and beverages ,..
167.787
1.1
1.7
161.762
1.7
3.4
167.599
.6
2.5
155.190
.7
2.6
Nondurables less food and beverages
218.411
1.7
2.6
214.909
3.1
5.3
223.729
1.4
3.7
202.016
1.4
3.9
Nondurables less food, beverages,
and apparel .. ...............................
287.143
1.5
2.7
276.590
3.2
6.2
278.031
1,2
4.3
260.009
1.1
5.2
Durables ................ ...............................
111.202
.0
.2
109.779
-.8
.3
114,982
-.9
.3
111.665
-.5
3
Services ..................... ...............................
300.447
2.4
.3
259.882
2.6
.3
262.252
2,4
.3
280.953
2.6
.3
Rent of shelter 3 ....... ...............................
320.039
2.1
.3
243.532
2,2
,2
240.759
2.3
3
281.483
2.3
.2
Transportation services ..........................
267.066
3.6
,5
282.960
3.4
.4
292.419
3.5
.2
271.556
2.0
-.3
See footnotes at end of table.
58 CPI Detailed Report- February 2013
AGENDA ITEM # 413
APRIL 8, 2013
March 26, 2013
Mr. Rick Carper, P.E.
Public Works Director
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
RE: Technical Consulting Services Agreement
Dear Mr. Carper:
Our Consulting Services Agreement with the City of Atlantic Beach was originally dated January 24,
2005. This agreement was modified in 2008 to provided increased rates according to CPI increases in
2005, 2006, & 2007. We would like to extend our agreement with NO increase to our 2008 rates.
Based on this information, the following rates will be used for our contract extension:
Principal -in- Charge
Project Manager (Responsible Professional)
Design Engineer (Registered)
Designer or Technician (Non- registered)
CADD Operator
Field Inspector
Clerical
Total Overhead Rate
Profit Rate
2008
Connel
& Wicker
Inc.
$45.63
Planning m
Engineering
Landscape Architecture
March 26, 2013
Mr. Rick Carper, P.E.
Public Works Director
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
RE: Technical Consulting Services Agreement
Dear Mr. Carper:
Our Consulting Services Agreement with the City of Atlantic Beach was originally dated January 24,
2005. This agreement was modified in 2008 to provided increased rates according to CPI increases in
2005, 2006, & 2007. We would like to extend our agreement with NO increase to our 2008 rates.
Based on this information, the following rates will be used for our contract extension:
Principal -in- Charge
Project Manager (Responsible Professional)
Design Engineer (Registered)
Designer or Technician (Non- registered)
CADD Operator
Field Inspector
Clerical
Total Overhead Rate
Profit Rate
2008
2013
$56.04
$56.04
$45.63
$45.63
$36.10
$36.10
$26.75
$26.75
$20.45
$20.45
$23.76
$23.76
$14.15
$14.15
147.95%
147.95%
10%
10%
Thank you for the opportunity to provide professional services. Please do not hesitate to call if you have
any questions.
Sincerely,
CONNELLY & WICKER INC.
Richard C. Welch, P.E.
President
10060 Skinner Lake Drive . Suite 500 . Jack5onville, FL 32246
904.265.3030 . fax 904.265.3031 . www.cwieng.com
Jack5onville, Florida
A0ENnA ]TEM # 4C
APR 11- R, ?(l 13
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Engineering Design of Stormwater Improvements for East Coast
Drive (RFP #13 -01)
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: March 28, 2013
STRATEGIC PLAN LINK: Not included in present Strategic Plan, but the draft plan for the
upcoming year includes, 12. Stormwater Master Plan Projects
BACKGROUND: The Public Works Department advertised a Request for (proposals (RFP)
for Professional Engineering Services for Final Engineering Design for Stormwater
Improvements of East Coast Drive (RI=P #13 -01), receiving seven proposals. The firms
that submitted proposals were Applied Technology & Management (ATM), Bowen Civil
Engineering; C &ES Consultants, CPH Engineers, Edwards Engineering, King
Engineering and Taylor Engineering.
After staff evaluation, the top three firms were ranked in the following order:
V1 Edwards Engineering
2"d _ Applied Technology & Management
3fd — Bowen Civil Engineering
Edwards Engineering was the top - ranked firm for several reasons. They were ranked at
or near the top in all three major grading criteria (project team, past similar experience
and project approach). Their Project Team includes engineers who have experience in
stormwater retrofits, providing multiple examples of recent project experience similar to
this project. Their project team also has significant experience with retention and
exfiltration issues which will be encountered in this design.
BUDGET: The current budget contains $300,000 for Engineering, Permitting and
Construction of the Stormwater Improvements for East Coast [give (Account 470-0000 -
538- 6300).
RECOMMENDATION: Authorize staff to begin negotiations with the top - ranked firm,
Edwards Engineering, for engineering services for the Stormwater Improvements for
East Coast Drive,
ATTACHMENT: Evaluation of Proposals Rating Sheet
(Proposals are on file at the City Clerk's Office)
REVIEWED BY CITY MANAGER: — (/0, -
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AGENDA ITEM # 4D
APRIL 8, 20I3
AGENDA ITEM NO.
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Urban Area Security Initiative (UASI) Grant
DATE: March 28, 2013
SUBMITTED BY: Michael D. Classey, Chief of Police
SRATEGIC PLAN LINK: N/A
BACKGROUND:
The Jacksonville Emergency Preparedness Division (EPD) has been awarded Federal
Funds for the purchase of computer equipment for use during disaster response. This
equipment is being dispersed throughout Region III of the state system. Jacksonville EPD
is the grantee recipient of the grant funds for Region III.
The Atlantic Beach Police Department (ABPD) and IT asked for consideration to be given
in the allocation of the Region III grant funds to obtain this equipment to allow internet
access in the event of an incident resulting in the standard access being unavailable. The
Jacksonville EPD, in their grant application, requested $1,351 to cover all expenses for a
router and router port to provide the ABPD with internet access upgrades and their grant
application was approved as written.
These expenses will be paid by Jacksonville EPD directly to their selected vendor so no
funds will physically pass through the City of Atlantic Beach (COAB). The next step in
this process is for COAB to sign the Grant Agreement with the Jacksonville EPD.
BUDGET: None
RECOMMENDATIONS: To authorize the City Manager to sign the Agreement with
the Jacksonville Emergency Preparedness Division.
ATTACHMENTS: Grant Agreement between the Jacksonville Emergency Preparedness
Division and the City of Atlantic Beach.
REVIEWED BY CITY MANAGER:
AGREEMENT
BETWEEN
THE CITY OF JACKSONVILLE
AND
CITY OF ATLANTIC BEACH FLORIDA
FOR
MANAGEMENT AND CONTROL OF PROPERTY
AND EQUIPMENT ACQUIRED WITH FEDERAL GRANT FUNDS
THIS AGREEMENT is made and entered into this 4TH day of MARCH, 2013 by and
between the CITY OF JACKSONVILLE, a municipal corporation located in Duval County,
Florida, for and on behalf of its Fire and Rescue Department, Emergency Preparedness Division
(hereinafter collectively referred to as the "City "), with street address at 515 North Julia Street,
Jacksonville, Florida 32202 and CITY OF ATLANTIC BEACH FLORIDA (hereinafter
referred to as the "Recipient ") with its principal office located at 850 SEMINOLE ROAD
ATLANTIC BEACH FL 32233.
RECITALS:
WHEREAS, from time to time, the City receives federal grant funding for the purpose
of acquiring expendable and nonexpendable emergency response goods, material and equipment
(hereinafter collectively referred to as the "Equipment "); and
WHEREAS, as part of the FY 2010 Urban Area Security Initiative (UASI) , the City
is responsible for providing federal funding and /or Equipment purchased from such federal
funding to other agencies both within and outside the City of Jacksonville; and
WHEREAS, federal regulations, codified in the Code of Federal Regulations, 44CFR
Sec. 13.32 & 13.33, provide that recipients of such Equipment purchased with federal money
have certain duties and obligations with respect to use, control, maintenance, and repair of such
Equipment; and
WHEREAS, it is in the best interest of the City to make and enter into this Agreement to
specify and memorialize the duties and obligations of the Recipient with respect to the
Equipment.
NOW THEREFORE, IN CONSIDERATION of the mutual covenants herein and for
such other good and valuable consideration, the sufficiency of which is acknowledged by the
parties, it is agreed, by and between the parties as follows:
1. Incorporation by Reference. The above stated recitals are true and correct and, by
this reference are made a part hereof and are incorporated herein.
2. Purchase of Equipment. The City shall spend $1,351.00, in funds duly appropriated
from a federal grant from FY 2010 Urban Area Security Initiative (UASI), for the purchase of
Equipment, more specifically described in the "Inventory of Equipment ", attached hereto and, by
this reference, made a part hereof as Exhibit "A ". Said monetary amount shall be the City's
maximum indebtedness under this Agreement; provided however, the above stated monetary
amount will not be encumbered by this Agreement. It will be encumbered by one or more
subsequently issued purchase orders.
3. Transfer of Equipment to Recipient. The City hereby transfers title of the
Equipment to the Recipient for such use by the Recipient as provided herein; provided however,
notwithstanding the transfer of title, the Recipient knows, understands and agrees that the federal
granting agency has an interest in the location, use and upkeep of the Equipment; and that said
federal agency, in its discretion, may request to use the Equipment and shall be allowed to use
the Equipment as provided in Section 5.02 of this Agreement.
4. Recipient's Responsibility. The Recipient shall be solely and exclusively
responsible for the use, maintenance, repair, replacement in the event of loss or theft, and control
of the Equipment, as specified in this Agreement.
5. Use of the Equipment. The Recipient shall use the Equipment as follows:
5.01. The Equipment must be used by the Recipient for disaster response including, but
not limited to disaster response training and exercises, which is the program for which the
Equipment was acquired (the "Program "), whether or not the Program continues to be supported
by federal funding. As long as the Equipment is needed for the Program, as recommended by
the Recipient and approved by the City, it shall be used only for the Program and for no other
purpose; provided however, when the Equipment is no longer needed by the Program, it may be
used in other activities currently or previously supported by a federal agency, subject to prior
approval by the City. Notwithstanding the foregoing, use of the Equipment must support the
Program by building or enhancing capabilities that relate to the prevention of, protection from,
preparation for or response to disasters in order to be considered eligible.
5.02. The parties recognize that many projects or programs which support disaster
preparedness simultaneously support preparedness for other hazards. The Recipient may make
the Equipment available for use on other projects or programs currently or previously supported
by the federal government, subject to prior approval by the City; provided however, such use
does not interfere with the work on the Program or programs for which the Equipment was
originally acquired. Recipient must demonstrate the dual -use quality for any activities
implemented that are not explicitly focused on disaster preparedness. First preference for such
other City approved use shall be given to other programs or projects supported by the federal
granting agency. The recipient should also consider user fees and treat them as Program income,
if appropriate, subject to prior approval by the City.
5.03. Notwithstanding Program income, the Recipient shall not use Equipment acquired
with federal funds to provide services for a fee to compete unfairly with private companies that
produce equivalent services, unless specifically permitted or contemplated by federal law.
2
5.04. When acquiring replacement equipment, the Recipient may use the Equipment to
be replaced as a trade -in or sell the Equipment and use the proceeds to offset the cost of
replacement equipment, subject to the prior written approval of the City.
6. Equipment Management/Record Keeping. The Recipient must provide procedures
for managing the Equipment (including its replacement) and such procedures must, at a
minimum, contain the following:
6.01. Recipient must maintain property records which include:
6.01.01. A description of the Equipment;
6.01.02. Manufacturer's serial number, model number, federal stock number or
other identification number of the Equipment;
6.01.03. The source of the Equipment, including the award number;
6.01.04. Identification of the title holder;
6.01.05. Acquisition date or date received if Equipment is furnished by the federal
government;
6.01.06. Cost of the Equipment;
6.01.07. Percentage (at the end of budget year) of federal participation in cost of
the Equipment;
6.01.08. Location of the Equipment;
6.01.09. Use and condition of the Equipment; and
6.01.10. Disposition data, including date of disposal and sales price.
6.02. A physical inventory of the Equipment must be taken and the results reconciled
with the property records specified in Section 6.01 at least once every six (6) months. The
recipient shall, in connection with the inventory, verify existence, current use and continued need
for the Equipment. Such physical inventory records and reports shall be submitted to the City
semi - annually on June 30 and December 31, of each year of this Agreement.
6.03. The recipient must create a control system containing adequate safe guards to
prevent loss, damage or theft of the Equipment. Any such loss, damage or theft shall be
investigated and fully documented and shall immediately be reported to the City.
6.04. Any loss, damage, or theft, with respect to the Equipment, shall be investigated
by both the City and the Recipient as appropriate.
6.05. The Recipient must provide adequate maintenance procedures to keep the
Equipment in good condition. Maintenance records and reports must be submitted to the City
semi - annually on June 30 and December 31, of each year of this Agreement.
6.06. If the Recipient is authorized to sell the Equipment, it must establish proper
sales procedures to ensure the highest possible return for the Equipment. Such sales procedures
must be submitted to the City for review and prior approval before Recipient attempts sale of the
Equipment
6.07. Notwithstanding any other provision in this Agreement to the contrary, all
records and reports and submittals (collectively the "Records ") required, under this Agreement
shall be kept by the Recipient for a period of five (5) years after disposition of the Equipment.
Such Records shall be subject to City inspection at reasonable times at Recipient's offices during
the term of this Agreement and the five year retention period.
6.08. When original or replacement equipment acquired under a grant or subgrant is
no longer needed for the original project or program or for other activities currently or previously
supported by a federal agency, disposition of the equipment, subject to the prior approval of the
City shall be made as follows:
6.08.01. Items of equipment with a current per -unit fair market value of less than $5,000
may be retained, sold or otherwise disposed of subject to prior approval by the City and all
proceeds shall be paid to the City.
6.08.02. Items of equipment with a current per -unit fair market value of $5,000 or
greater may be retained or sold and the City shall have a right to an amount at least equal to the
current fair market value at the time of disposition of the equipment multiplied by the City's
share of the Equipment.
6.08.03. In cases where the Recipient fails to take appropriate disposition actions, the
City may direct the Recipient to take disposition actions consistent with this Agreement.
7. Federal Equipment. In the event the Recipient is provided federally owned
equipment:
7.01. Title will remain vested in the federal government.
7.02. Recipient or sub - grantees will manage the Equipment pursuant to federal agency
rules and procedures, and must submit an annual inventory listing.
7.03. When the Equipment is no longer needed, the Recipient or subgrantee must
request disposition instructions from the federal agency.
7.04. The federal awarding agency may reserve the right to transfer title to the federal
government or a third party named by the federal awarding agency when such
third party is otherwise eligible under existing statutes
4
7.05. Such transfers as contemplated in Section 7.04 are subject to the following
standards:
7.05.01. The property shall be identified in the grantor otherwise made known to the
Recipient in writing.
7.05.02. The federal awarding agency shall issue disposition instructions within 120
calendar days after the end of the federal support of the project for which it was acquired.
7.05.03. If the federal awarding agency fails to issue disposition instructions within
the 120 calendar day period, the Recipient shall follow the provisions of 44CFR Sec.
13.32(e)(3)
7.05.04. When title to Equipment is transferred, the Recipient shall be paid an amount
calculated by applying the percentage of participation in the purchase to the current fair
market value of the Equipment.
8. Supplies. The following shall apply with respect to supplies:
8.01. Title to supplies acquired under a grantor a subgrant will vest, upon acquisition, in
the Recipient or subgrantee respectively.
8.02. If there is a residual inventory of unused supplies exceeding $5,000.00 in total
aggregate fair market value upon termination or completion of the award, and if the
supplies are not needed for any other federally sponsored programs of projects, the
Recipient or the subgrantee shall compensate the awarding agency for its share.
9. Term of Agreement. The term of this Agreement shall commence on the day and
year first above written and shall continue in full force and effect until JUNE 30, 2013;
provided however, all requirements for record keeping in this Agreement shall remain in full
force and effect until JUNE 30, 2018.
10. Indemnification.
10.01. The Recipient, shall hold harmless, indemnify, and defend the City, including
without limitation, the City's officers, directors, members, representatives, affiliates, agents,
employees, successors and assigns (the "Indemnified Parties ") and will reimburse the
Indemnified Parties from and against from and against all liabilities, damages, losses, and costs,
to the extent caused by the negligent acts or omissions of the Recipient's officers, employees,
agents and representatives, in the performance of this Agreement; provided however, any such
indemnification, under this Section, shall be subject to the provisions and limitations of Section
768.28, Florida Statutes and this Section is not nor shall it be construed as a further waiver of
sovereign immunity than that contained in Section 768.28, Florida Statutes.
5
10.02. No Insurance Limitation. This Section, relating to Indemnification, is separate
and apart from, and is in no way limited by, any insurance provided by the Indemnifying Parties,
pursuant to this Agreement or otherwise.
10.03. Survival of Indemnification. This Section, relating to Indemnification, shall
survive the term of this Contract, and any holdover and /or Agreement extensions thereto,
whether such term expires naturally by the passage of time or is terminated earlier pursuant to
the provisions of this Agreement.
11. Insurance. During the term of this Agreement, the Recipient shall obtain and
maintain All -Risk Property Insurance and /or Property Damage Insurance in amounts equal to the
full insurable value of the personal property, equipment or vehicles. If Recipient is an entity that
is subject to the provisions of Section 768.28, Florida Statutes, such insurance coverage may
come from valid self - insurance that is authorized in that statutory section.
12. Default.
12.01. Should the Recipient default in its obligations under this Agreement, the City
shall provide written notice to the Recipient of the default. The Recipient shall be given ten (10)
business days, from receipt of the notice of default (or any such other amount of time agreed to
by the parties, in writing) to remedy the default. If the default is not remedied within such time
frame, the City may terminate this Agreement by giving ten (10) days advance written notice of
such termination to the defaulting party.
12.02. Recipient's violation of any the provisions in this Agreement, shall constitute
a default of this Agreement, subject to the provisions of this Section.
12.03. Notwithstanding any other provision of this Agreement to the contrary, in the
event of Recipient's default, the City shall be entitled to all available remedies at law or equity.
13. Termination for Convenience. Notwithstanding any other provision in this
Agreement to the contrary, either party may terminate this Agreement, at any time, without
cause, by giving thirty(30) days advance written notice of such termination to the other party.
14. Return of Equipment. In the event this Agreement is terminated by default, by
passage of time or for convenience, the Recipient shall return the Equipment to the City. Such
Equipment shall be returned in as good condition as it was when received by the Recipient,
normal wear and tear excepted.
15. Nonwaiver. Failure by either party to insist upon strict performance of any of
the provisions hereof, either party's failure or delay in exercising any rights or remedies provided
herein, or any purported oral modification or recision of this Agreement by an employee or agent
of either party, shall not release either party of its obligations under this Agreement, shall not be
deemed a waiver of any rights of either party to insist upon strict performance hereof, or of either
party's rights or remedies under this Agreement or by law, and shall not operate as a waiver of
any of the provisions hereof.
2
16. Notice. All written notices under this Agreement shall be delivered by certified
mail, return receipt requested, or by other delivery with receipt to the following:
16.01. As to the City:
Martin Senterfitt, Chief
Director, Jacksonville Fire and Rescue Department
515 North Julia Street, 3rd Floor
Jacksonville, Florida 32202
16.02. As to the Recipient:
Chief Michael Classey
Chief of Police, Atlantic Beach Police Department
850 Seminole Road
Atlantic Beach, FL 32233
17. Governing Law, Venue and Severahility.
17.01. Governing Law. The rights, obligations and remedies of the parties as specified
under this Agreement shall be interpreted and governed in all aspects by the laws of the State of
Florida.
17.02. Venue. The venue for litigation of this Agreement shall be in courts, of competent
jurisdiction located in Jacksonville, Duval County, Florida.
17.03. Severahility. Should any article, section, paragraph, sentence or other provision
of this Agreement be determined, by the courts, to be unenforceable, for any reason, such article,
section, paragraph, sentence or other provision shall be deemed to be severed from this
Agreement and shall not affect the other provisions in this Agreement.
18. Construction. Both parties acknowledge that they have had meaningful input
into the terms and conditions contained in this Agreement. Therefore any doubtful or ambiguous
provisions contained herein shall not be construed against the party who physically prepared this
Agreement. The rule sometimes referred to as "Forties Contra Preferentum" shall not be
applied to the interpretation of this Agreement.
19. Section Headings. Section headings appearing in this Agreement are inserted
for convenience or reference only and shall in no way be construed to be interpretations of text.
20. Amendments. Any and all changes to, additions to, modifications of, or
amendment to this Contract, or any of the terms, provisions and conditions hereof, shall be
binding only when in writing and signed by the authorized officer, agent or representative of
each of the parties hereto.
21. Entire Agreement. This Agreement constitutes the entire agreement between
the parties hereto for the receipt of the Equipment. No statement, representation, writing,
understanding, agreement, course of action or course of conduct, made by either party, or any
representative of either party, which is not expressed in this Agreement shall be binding.
[Remainder of page is left blank intentionally. Signature page follows immediately.]
IN WITNESS WHEREOF, the parties, by and through their respective authorized
representatives, have executed this Agreement on the day and year first above written.
ATTEST:
By:
James McCain, Jr., Corporation Secretary
ATTEST:
By:
Signature
Type /Print Name:
Title:
CITY OF JACKSONVILLE
By:
Alvin Brown, Mayor
RECEIPENT:
C
Signature
Type /Print Name:
Title:
Encumbrance & funding information & form approval are on next page.
6
AGENDA ITEM # 6A
APRIL 8, 2013
RESOLUTION NO. 13 -05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, RELATING TO THE NORTHEAST FLORIDA REGIONAL
COUNCIL AND THE 2013 UPDATE TO ITS STRATEGIC REGIONAL POLICY
PLAN; PLEDGING SUPPORT FOR REGIONAL COOPERATION AND THE
COMMON POLICY FRAMEWORK PROVIDED BY THE UPDATED
STRATEGIC REGIONAL POLICY PLAN AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, THE Northeast Florida Regional Council ( NEFRC) was formed on February 14,
1977 by and between Baker, Clay, Duval, Flagler, Nassau, Putnam and St. Johns Counties through
an Interlocal Agreement pursuant to the Florida Interlocal Cooperation Act of 1969, Section
163.01 Florida Statutes; and
WHEREAS, the Interlocal Agreement creating the NEFRC states, in part, that the purpose of
the NEFRC and Florida Regional Councils in general is to provide for "...areawide coordination
and related cooperative activities of federal, state and local governments and ensure a broad -based
regional organization that can provide a truly regional perspective enhancing the ability and
opportunity of local governments to resolve issues and problems transcending their individual
boundaries "; and
WHEREAS, the Florida Regional Planning Council Act, Sections 186.501- 186 -513, Florida
Statutes states, in part, "There is a need for the establishment at the regional level of clear policy
plans that will guide broad -based representative regional planning agencies as they undertake
regional review functions" and provide for the creation of Strategic Regional Policy Plans (SRPP);
and
WHEREAS, the NEFRC began the process of updating its SRPP in May, 2009 with Reality
Check First Coast, County Checks and Generation Check, followed by the creation of First Coast
Vision through the Regional Community Institute in 2011; and
WHEREAS, through the process leading up to the adoption of the updated SRPP the NEFRC
has engaged thousands of citizens in Northeast Florida; and
WHEREAS, the Board of Directors of the NEFRC has directed that the update to the SRPP
will be less directive and more supportive of the individual efforts of the Region's local
governments in meeting the broad policy framework of the SRPP; and
WHEREAS, Northeast Florida is an increasingly interconnected and interdependent Region
where activities undertaken in any single jurisdiction have Region -wide effects; and
WHEREAS, the Local Governments in Northeast Florida recognize we are stronger
collectively than we are individually.
AGENDA ITEM # 6A
APRIL 8, 2013
NOW THEREFORE, BE IT RESOLVED that the City Commission of Atlantic Beach,
Florida, declares its support to Regional cooperation and further declares its support of a common
policy framework as contained in the NEFRC'S draft update to its SRPP while maintaining its
rights under Sections 120.54 and 120.56, Florida Statutes.
ADOPTED by the City Commission of Atlantic Beach, Florida, this 8t' day of April, 2013.
MIKE BORNO
Mayor
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
AGENDA ITEM # 7A
APRIL 8, 2013
ORDINANCE NO. 25 -13 -43
AN ORDINANCE BY THE CITY COMMISSION AMENDING THE CITY OF ATLANTIC BEACH
CODE OF ORDINANCES TO REPEAL CHAPTER 8 FLOOD HAZARD AREAS; TO ADOPT A
NEW CHAPTER 8 FLOODPLAIN MANAGEMENT ORDINANCE; TO ADOPT FLOOD
HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT
PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND
FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE
FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of City of Atlantic Beach and such areas may be subject to
periodic inundation which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare, and
WHEREAS, the City of Atlantic Beach was accepted for participation in the National
Flood Insurance Program on March 15, 1977 and the City Commission desires to continue to
meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary
for such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code, called the Florida Building Code; and
WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative
amendments to the Florida Building Code to implement the National Flood Insurance Program;
and
WHEREAS, the City Commission is adopting to maintain current freeboard elevation
requirement for buildings and structures in flood hazard areas and, pursuant to section
553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and
WHEREAS, the City Commission has determined that it is in the public interest to adopt
the proposed floodplain management regulations that are coordinated with the Florida Building
Code.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of Atlantic Beach that
the following floodplain management regulations, and the following local administrative
amendments to the 2010 Florida Building Code, are hereby adopted.
SECTION 1. RECITALS.
AGENDA ITEM # 7A
APRIL 8, 2013
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. This ordinance specifically repeals and replaces the following ordinance(s)
and regulation(s): Chapter 8 Flood Hazard Areas the City of Atlantic Beach Code.
CHAPTER8
ARTICLE I ADMINISTRATION
GENERAL- APPLICABILITY- DUTIES AND POWERS OF THE FLOODPLAIN
ADMINISTRATOR- PERMITS- SITE PLANS AND CONSTRUCTION DOCUMENTS -
INSPECTIONS- VARIANCES AND APPEALS- VIOLATIONS
8 -1. These regulations shall be known as the Floodplain Management Ordinance of the City of
Atlantic Beach, hereinafter referred to as "this ordinance."
8 -2. Scope. The provisions of this ordinance shall apply to all development that is wholly within
or partially within any flood hazard area, including but not limited to the subdivision of land; filling,
grading, and other site improvements and utility installations; construction, alteration, remodeling,
enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures,
and facilities that are exempt from the Florida Building Code; placement, installation, or replacement
of manufactured homes and manufactured buildings; installation or replacement of tanks; placement
of recreational vehicles; installation of swimming pools; and any other development.
8 -3. Intent. The purposes of this ordinance and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to safeguard
the public health, safety, and general welfare and to minimize public and private losses due to
flooding through regulation of development in flood hazard areas to:
1. Minimize unnecessary disruption of commerce, access and public service during times
of flooding;
2. Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential;
4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain;
5. Minimize damage to public and private facilities and utilities;
6. Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
7. Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
8. Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
Ordinance No. 25 -13 -43 Page 2 of 28
AGENDA ITEM # 7A
APRIL 8, 2013
8 -4. Coordination with the Florida Building Code. This ordinance is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE
24 refers to the edition of the standard that is referenced by the Florida Building Code.
8 -5. Warning. The degree of flood protection required by this ordinance and the Florida Building
Code, as amended by this community, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur. Flood heights may be increased by man -made or natural causes. This ordinance does not
imply that land outside of mapped special flood hazard areas, or that uses permitted within such
flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base
flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps
and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be
revised by the Federal Emergency Management Agency, requiring this community to revise these
regulations to remain eligible for participation in the National Flood Insurance Program. No
guaranty of vested use, existing use, or future use is implied or expressed by compliance with
this ordinance.
8 -6. Disclaimer of Liability. This ordinance shall not create liability on the part of the City
Commission of the City of Atlantic Beach or by any officer or employee thereof for any flood
damage that results from reliance on this ordinance or any administrative decision lawfully made
thereunder.
APPLICABILITY
8 -7. General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
8 -8. Areas to which this ordinance applies. This ordinance shall apply to all flood hazard
areas within the City of Atlantic Beach, as established in Section 102.3 of this ordinance.
8 -9. Basis for establishing flood hazard areas. The Flood Insurance Study for Duval County,
Florida and Incorporated Areas June 3, 2013, and all subsequent amendments and revisions,
and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments
and revisions to such maps, are adopted by reference as a part of this ordinance and shall
serve as the minimum basis for establishing flood hazard areas. Studies and maps that
establish flood hazard areas are on file at the City of Atlantic Beach Building Department 800
Seminole Road Atlantic Beach, Florida.
8 -10. Submission of additional data to establish flood hazard areas. To establish flood
hazard areas and base flood elevations, pursuant to Section 105 of this ordinance the
Floodplain Administrator may require submission of additional data. Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital topography accepted
by the community indicates that ground elevations:
1. Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this ordinance and, as applicable, the requirements
of the Florida Building Code.
2. Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
Ordinance No. 25 -13 -43 Page 3 of 28
AGENDA ITEM # 7A
APRIL 8, 2013
8 -11. Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions
of local, state or federal law.
8 -12. Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect
for management of development in flood hazard areas. However, it is not intended to repeal or
abrogate any existing ordinances including but not limited to land development regulations,
zoning ordinances, stormwater management regulations, or the Florida Building Code the event
of a conflict between this ordinance and any other ordinance, the more restrictive shall govern.
This ordinance shall not impair any deed restriction, covenant or easement, but any land that is
subject to such interests shall also be governed by this ordinance.
8 -13. Interpretation. In the interpretation and application of this ordinance, all provisions shall
be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
8 -14. Designation. The Building and Zoning Director is designated as the Floodplain
Administrator. The Floodplain Administrator may delegate performance of certain duties to other
employees.
8 -15. General. The Floodplain Administrator is authorized and directed to administer and
enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to
render interpretations of this ordinance consistent with the intent and purpose of this ordinance
and may establish policies and procedures in order to clarify the application of its provisions.
Such interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this ordinance without the granting of a variance pursuant to Section 107
of this ordinance.
8 -16. Applications and permits. The Floodplain Administrator, in coordination with other
pertinent offices of the community, shall:
1. Review applications and plans to determine whether proposed new development will be
located in flood hazard areas;
2. Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this ordinance;
3. Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
4. Provide available flood elevation and flood hazard information;
5. Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
6. Review applications to determine whether proposed development will be reasonably
safe from flooding;
Ordinance No. 25 -13 -43 Page 4 of 28
AGENDA ITEM # 7A
APRIL 8, 2013
7. Issue floodplain development permits or approvals for development other than buildings
and structures that are subject to the Florida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code, when compliance with
this ordinance is demonstrated, or disapprove the same in the event of noncompliance;
and
8. Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard
areas comply with the applicable provisions of this ordinance.
8 -17. Substantial improvement and substantial damage determinations. For applications
for building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations,
substantial improvements, repairs of substantial damage, and any other improvement of or work
on such buildings and structures, the Floodplain Administrator, in coordination with the Building
Official, shall:
1. Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of
the building or structure shall be the market value before the damage occurred and
before any repairs are made;
2. Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre- damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
3. Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
4. Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the Florida Building Code and this ordinance is required.
8 -18. Modifications of the strict application of the requirements of the Florida Building
Code. The Floodplain Administrator shall review requests submitted to the Building Official that
seek approval to modify the strict application of the flood load and flood resistant construction
requirements of the Florida Building Code to determine whether such requests require the
granting of a variance pursuant to Section 107 of this ordinance.
8 -19. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local
agencies for the issuance of all necessary notices or orders to ensure compliance with this
ordinance.
8 -20. Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 106 of this ordinance for development that is not subject to the Florida
Building Code, including buildings, structures and facilities exempt from the Florida Building
Code. The Floodplain Administrator shall inspect flood hazard areas to determine if
development is undertaken without issuance of a permit.
8 -21. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
other duties, including but not limited to:
Ordinance No. 25 -13 -43 Page 5 of 28
AGENDA ITEM # 7A
APRIL 8, 2013
1. Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Section 103.4 of this ordinance;
2. Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State Floodplain
Management Office, and submit copies of such notifications to the Federal Emergency
Management Agency (FEMA);
3. Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be
made within 6 months of such data becoming available;
4. Review required design certifications and documentation of elevations specified by this
ordinance and the Florida Building Code and this ordinance to determine that such
certifications and documentations are complete;
5. Notify the Federal Emergency Management Agency when the corporate boundaries of
the City of Atlantic Beach are modified; and
6. Advise applicants for new buildings and structures, including substantial improvements,
that are located in any unit of the Coastal Barrier Resources System established by the
Coastal Barrier Resources Act (Pub. L. 97 -348) and the Coastal Barrier Improvement
Act of 1990 (Pub. L. 101 -591) that federal flood insurance is not available on such
construction; areas subject to this limitation are identified on Flood Insurance Rate Maps
as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."
8 -22. Floodplain management records. Regardless of any limitation on the period required
for retention of public records, the Floodplain Administrator shall maintain and permanently keep
and make available for public inspection all records that are necessary for the administration of
this ordinance and the flood resistant construction requirements of the Florida Building Code,
including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and
denial of permits; determinations of whether proposed work constitutes substantial improvement
or repair of substantial damage; required design certifications and documentation of elevations
specified by the Florida Building Code and this ordinance; notifications to adjacent communities,
FEMA, and the state related to alterations of watercourses; assurances that the flood carrying
capacity of altered watercourses will be maintained; documentation related to appeals and
variances, including justification for issuance or denial; and records of enforcement actions
taken pursuant to this ordinance and the flood resistant construction requirements of the Florida
Building Code. These records shall be available for public inspection at City of Atlantic Beach
Building Department 800 Seminole Road Atlantic Beach, Florida.
PERMITS
8 -23. Permits required. Any owner or owner's authorized agent (hereinafter "applicant ") who
intends to undertake any development activity within the scope of this ordinance, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly within
or partially within any flood hazard area shall first make application to the Floodplain
Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and
approval(s). No such permit or approval shall be issued until compliance with the requirements of
this ordinance and all other applicable codes and regulations has been satisfied.
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8 -24. Floodplain development permits or approvals. Floodplain development permits or
approvals shall be issued pursuant to this ordinance for any development activities not subject to the
requirements of the Florida Building Code, including buildings, structures and facilities exempt
from the Florida Building Code. Depending on the nature and extent of proposed development
that includes a building or structure, the Floodplain Administrator may determine that a floodplain
development permit or approval is required in addition to a building permit.
8 -24.1. Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are exempt
from the Florida Building Code and any further exemptions provided by law, which are subject to
the requirements of this ordinance:
1. Railroads and ancillary facilities associated with the railroad.
2. Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
3. Temporary buildings or sheds used exclusively for construction purposes.
4. Mobile or modular structures used as temporary offices.
5. Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
are directly involved in the generation, transmission, or distribution of electricity.
6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided
wooden but that has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical, plumbing, or other non -wood features.
7. Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble, or reinforced concrete.
8. Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
9. Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps
8 -25. Application for a permit or approval. To obtain a floodplain development permit or
approval the applicant shall first file an application in writing on a form furnished by the
community. The information provided shall:
1. Identify and describe the development to be covered by the permit or approval.
2. Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and definitively
locate the site.
3. Indicate the use and occupancy for which the proposed development is intended.
4. Be accompanied by a site plan or construction documents as specified in Section 105 of
this ordinance.
5. State the valuation of the proposed work.
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6. Be signed by the applicant or the applicant's authorized agent.
7. Give such other data and information as required by the Floodplain Administrator.
8 -26. Validity of permit or approval. The issuance of a floodplain development permit or
approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any
violation of this ordinance, the Florida Building Codes, or any other ordinance of this community.
The issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction of errors
and omissions.
8 -27. Expiration. A floodplain development permit or approval shall become invalid unless the
work authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions for periods of not more than 180 days each shall be requested in writing and
justifiable cause shall be demonstrated.
8 -28. Suspension or revocation. The Floodplain Administrator is authorized to suspend or
revoke a floodplain development permit or approval if the permit was issued in error, on the
basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any
other ordinance, regulation or requirement of this community.
8 -29. Other permits required. Floodplain development permits and building permits shall
include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not limited to the following:
1. The St. Johns River Water Management District; section 373.036, F.S.
2. Florida Department of Health for onsite sewage treatment and disposal systems; section
381.0065, F.S. and Chapter 64E -6, F.A.C.
3. Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; section 161.141, F.S.
4. Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; section 161.055, F.S.
5. Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
6. Federal permits and approvals.
SITE PLANS AND CONSTRUCTION DOCUMENTS
8 -30. Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this ordinance shall be drawn to
scale and shall include, as applicable to the proposed development:
1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations if necessary for review of the proposed
development.
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2. Where base flood elevations, or floodway data are not included on the FIRM or in the
Flood Insurance Study, they shall be established in accordance with Section 105.2(2) or
(3) of this ordinance.
3. Where the parcel on which the proposed development will take place will have more
than 50 lots or is larger than 5 acres and the base flood elevations are not included on
the FIRM or in the Flood Insurance Study, such elevations shall be established in
accordance with Section 105.2(1)of this ordinance.
4. Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located
landward of the reach of mean high tide.
5. Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
6. Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
7. Delineation of the Coastal Construction Control Line or notation that the site is seaward
of the coastal construction control line, if applicable.
8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
9. Existing and proposed alignment of any proposed alteration of a watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this ordinance but that are not required to be
prepared by a registered design professional if it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain
compliance with this ordinance.
8 -31. Information in flood hazard areas without base flood elevations (approximate Zone
A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have
not been provided, the Floodplain Administrator shall:
1. Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
2. Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to
obtain and use base flood elevation and floodway data available from a federal or state
agency or other source;
3. Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the Floodplain Administrator to not reasonable
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
a. Require the applicant to develop base flood elevation data prepared in
accordance with currently accepted engineering practices; or
b. Specify that the base flood elevation is four and 1/2 (4.5) feet above the
highest adjacent grade at the location of the development, provided there is
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no evidence indicating flood depths have been or may be greater than four
and 1/2 (4.5) feet.
4. Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant that the analyses shall be prepared by a Florida
licensed engineer in a format required by FEMA, and that it shall be the responsibility of
the applicant to satisfy the submittal requirements and pay the processing fees.
8 -32. Additional analyses and certifications. As applicable to the location and nature of the
proposed development activity, and in addition to the requirements of this section, the applicant
shall have the following analyses signed and sealed by a Florida licensed engineer for
submission with the site plan and construction documents:
1. For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in Section 105.4 of this
ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA,
with the site plan and construction documents.
2. For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the Flood Insurance Study or on the FIRM
and floodways have not been designated, hydrologic and hydraulic analyses that
demonstrates that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachments, will not increase
the base flood elevation more than one (1) foot at any point within the community. This
requirement does not apply in isolated flood hazard areas not connected to a riverine
flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
3. For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood- carrying capacity of
the altered or relocated portion of the watercourse will not be decreased, and
certification that the altered watercourse shall be maintained in a manner which
preserves the channel's flood- carrying capacity; the applicant shall submit the analysis to
FEMA as specified in Section 105.4 of this ordinance.
4. For activities that propose to alter sand dunes or mangrove stands in coastal high
hazard areas (Zone V), an engineering analysis that demonstrates that the proposed
alteration will not increase the potential for flood damage.
8 -33. Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change from FEMA to change the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared
by a Florida licensed engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
INSPECTIONS
8 -34, General. Development for which a floodplain development permit or approval is required
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shall be subject to inspection.
8 -34.1. Development other than buildings and structures. The Floodplain Administrator
shall inspect all development to determine compliance with the requirements of this ordinance
and the conditions of issued floodplain development permits or approvals.
8 -34.2, Buildings, structures and facilities exempt from the Florida Building Code. The
Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida
Building Code to determine compliance with the requirements of this ordinance and the
conditions of issued floodplain development permits or approvals.
8 -35. Buildings, structures and facilities exempt from the Florida Building Code, lowest
floor inspection. Upon placement of the lowest floor, including basement, and prior to further
vertical construction, the owner of a building, structure or facility exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
1. If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor; or
2. If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 105.2(3)(b) of this ordinance, the documentation
of height of the lowest floor above highest adjacent grade, prepared by the owner or the
owner's authorized agent.
8 -36. Buildings, structures and facilities exempt from the Florida Building Code, final
inspection. As part of the final inspection, the owner or owner's authorized agent shall submit
to the Floodplain Administrator a final certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Section 106.1.2.1 of this
ordinance.
8 -37. Manufactured homes. The Building Official shall inspect manufactured homes that are
installed or replaced in flood hazard areas to determine compliance with the requirements of this
ordinance and the conditions of the issued permit. Upon placement of a manufactured home,
certification of the elevation of the lowest floor shall be submitted to the Building Official.
VARIANCES AND APPEALS
8 -38. General. The City Commission shall hear and decide on requests for appeals and
requests for variances from the strict application of this ordinance. Pursuant to section
553.73(5), F.S., the City Commission shall hear and decide on requests for appeals and
requests for variances from the strict application of the flood resistant construction requirements
of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building
Code, Building.
8 -39. Appeals. The City Commission shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the Floodplain Administrator in
the administration and enforcement of this ordinance. Any person aggrieved by the decision of
the City Commission may appeal such decision to the Circuit Court, as provided by Florida
Statutes.
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8 -40. Limitations on authority to grant variances. The City Commission shall base its
decisions on variances on technical justifications submitted by applicants, the considerations for
issuance in Section 107.6 of this ordinance, the conditions of issuance set forth in Section 107.7
of this ordinance, and the comments and recommendations of the Floodplain Administrator and
the Building Official. The City Commission has the right to attach such conditions as it deems
necessary to further the purposes and objectives of this ordinance.
8 -41. Restrictions in floodways. A variance shall not be issued for any proposed development
in a floodway if any increase in base flood elevations would result, as evidenced by the
applicable analyses and certifications required in Section 105.3 of this ordinance.
8 -42. Historic buildings. A variance is authorized to be issued for the repair, improvement, or
rehabilitation of a historic building that is determined eligible for the exception to the flood
resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11
Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation
will not preclude the building's continued designation as a historic building and the variance is
the minimum necessary to preserve the historic character and design of the building. If the
proposed work precludes the building's continued designation as a historic building, a variance
shall not be granted and the building and any repair, improvement, and rehabilitation shall be
subject to the requirements of the Florida Building Code.
8 -43. Functionally dependent uses. A variance is authorized to be issued for the construction
or substantial improvement necessary for the conduct of a functionally dependent use, as
defined in this ordinance, provided the variance meets the requirements of Section 107.3.1, is
the minimum necessary considering the flood hazard, and all due consideration has been given
to use of methods and materials that minimize flood damage during occurrence of the base
flood.
8 -44. Considerations for issuance of variances. In reviewing requests for variances, the City
Commission shall consider all technical evaluations, all relevant factors, all other applicable
provisions of the Florida Building Code, this ordinance, and the following:
1. The danger that materials and debris may be swept onto other lands resulting in further
injury or damage;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners;
4. The importance of the services provided by the proposed development to the
community;
5. The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
6. The compatibility of the proposed development with existing and anticipated
development;
7. The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
8. The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
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9. The expected heights, velocity, duration, rate of rise and debris and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at the site; and
10. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets and bridges.
8 -45. Conditions for issuance of variances. Variances shall be issued only upon:
1. Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this ordinance or the required elevation standards;
2. Determination by the City Commission that:
a. Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or inconvenience do not constitute hardship;
b. The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or conflict with existing local laws
and ordinances; and
c. The variance is the minimum necessary, considering the flood hazard, to afford
relief;
3. Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
4. If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the Floodplain Administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as $25 for $100 of insurance coverage), and stating that construction
below the base flood elevation increases risks to life and property.
VIOLATIONS
8 -46. Violations. Any development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance that is performed without an issued permit, that is in conflict
with an issued permit, or that does not fully comply with this ordinance, shall be deemed a
violation of this ordinance. A building or structure without the documentation of elevation of the
lowest floor, other required design certifications, or other evidence of compliance required by
this ordinance or the Florida Building Code is presumed to be a violation until such time as that
documentation is provided.
8 -48. Authority. For development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved, to the owner's agent, or to the person or persons performing the work.
Ordinance No. 25 -13 -43 Page 13 of 28
8 -49. Unlawful continuance. Any person who shall continue
served with a notice of violation or a stop work order, except
directed to perform to remove or remedy a violation or unsafe
penalties as prescribed by law.
ARTICLE II DEFINITIONS
AGENDA ITEM # 7A
APRIL 8, 2013
any work after having been
such work as that person is
condition, shall be subject to
8 -50. Scope. Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this ordinance, have the meanings shown in this section.
8 -51. Terms defined in the Florida Building Code. Where terms are not defined in this
ordinance and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in that code.
8 -52. Terms not defined. Where terms are not defined in this ordinance or the Florida Building
Code, such terms shall have ordinarily accepted meanings such as the context implies.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross - sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and /or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision
of this ordinance or a request for a variance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1- percent chance of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the
"100 -year flood" or the 1- percent - annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section
1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 1612.2.1
Coastal construction control line. The line established by the State of Florida pursuant to
section 161.053, F.S., and recorded in the official records of the community, which defines that
portion of the beach -dune system subject to severe fluctuations based on a 100 -year storm
surge, storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as
"high hazard areas subject to high velocity wave action" or "V Zones" and are designated on
Flood Insurance Rate Maps (FIRM) as Zone V1 -V30, VE, or V. [Note: The FBC,B defines and
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uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the
term "coastal high hazard areas. "]
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 1612.2.]
1. Area with a floodplain subject to a 1- percent or greater chance of flooding in any year; or
2. Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to the
datum specified on the community's legally designated flood hazard map. In areas designated
as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas
designated as Zone AO where the depth number is not specified on the map, the depth number
shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.]
Development. Any man -made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling
operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start of
construction" commenced before March 15, 1977. Also defined in FBC, B, Section 1612.2.
Existing manufactured home park or subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed before March 15, 1977.
Expansion to an existing manufactured home park or subdivision. The preparation of additional
sites by the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed (including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 1612.2.]
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage- resistant materials. Any construction material capable of withstanding direct and
prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
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Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
1. The area within a floodplain subject to a 1- percent or greater chance of flooding in any
year.
2. The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 1612.2.]
Floodplain Administrator. The office or position designated and charged with the administration
and enforcement of this ordinance (may be referred to as the Floodplain Manager).
Floodplain development permit or approval. An official document or certificate issued by the
community, or other evidence of approval or concurrence, which authorizes performance of
specific development activities that are located in flood hazard areas and that are determined to
be compliant with this ordinance.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building, Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long -term storage or related manufacturing
facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood hazard
area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings.
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Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
Letter of Map Revision (LOMB): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMB -F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
Conditional Letter of Map Revision ( CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as -built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light -duty truck. As defined in 40 C.F.R. 86.082 -2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or
less and which has a basic vehicle frontal area of 45 square feet or less, which is:
1. Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
2. Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
3. Available with special features enabling off - street or off - highway operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood- resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such
enclosure is not built so as to render the structure in violation of the non - elevation requirements
of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle" or "park trailer." [Also defined in 15C- 1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this ordinance, the term refers to the market value of
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buildings and structures, excluding the land and other improvements on the parcel. Market
value may be established by a qualified independent appraiser, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax assessment value
adjusted to approximate market value by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this ordinance and the flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after March 15, 1977 and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after March 15,
1977.
Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and
which is built on a single chassis and is designed to provide seasonal or temporary living
quarters when connected to utilities necessary for operation of installed fixtures and appliances.
Recreational vehicle. A vehicle, including a park trailer, which is: (See section 320.01, F.S.)
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
3. Designed to be self - propelled or permanently towable by a light -duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO,
Al -A30, AE, A99, AH, V1 430, VE or V. [Also defined in FBC, B Section 1612.2.]
Start of construction. The date of issuance for new construction and substantial improvements
to existing structures, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement is within 180 days of the date of the
issuance. The actual start of construction means either the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement, the actual "start of construction" means the first alteration of any wall,
ceiling, floor or other structural part of a building, whether or not that alteration affects the
external dimensions of the building. [Also defined in FBC, B Section 1612.2.]
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Substantial damage. Damage of any origin sustained by a building or structure whereby the cost
of restoring the building or structure to its before - damaged condition would equal or exceed 50
percent of the market value of the building or structure before the damage occurred. [Also
defined in FBC, B Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
include either: [Also defined in FBC, B, Section 1612.2.]
1. Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Variance. A grant of relief from the requirements of this ordinance, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this ordinance or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
ARTICLE III FLOOD RESISTANT DEVELOPMENT
BUILDINGS AND STRUCTURES, SUBDIVISIONS, SITE IMPROVEMENTS,
MANUFACTURED HOMES, RECREATIONAL VEHICLES AND PARK TRAILERS, TANKS,
OTHER DEVELOPMENT
8 -53. Design and construction of buildings, structures and facilities exempt from the
Florida Building Code. Pursuant to Section 104.2.1 of this ordinance, buildings, structures, and
facilities that are exempt from the Florida Building Code, including substantial improvement or repair
of substantial damage of such buildings, structures and facilities, shall be designed and constructed
in accordance with the flood load and flood resistant construction requirements of ASCE 24.
Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
comply with the requirements of Section 307 of this ordinance.
8 -54. Buildings and structures seaward of the coastal construction control line. If
extending, in whole or in part, seaward of the coastal construction control line and also located,
in whole or in part, in a flood hazard area:
1. Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building Section 3109
and Section 1612 or Florida Building Code, Residential Section R322.
2. Minor structures and non - habitable major structures as defined in section 161.54, F.S.,
shall be designed and constructed to comply with the intent and applicable provisions of
this ordinance and ASCE 24.
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8 -55. Minimum requirements. Subdivision proposals, including proposals for manufactured
home parks and subdivisions, shall be reviewed to determine that:
1. Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
2. All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
8 -56. Subdivision plats. Where any portion of proposed subdivisions, including manufactured
home parks and subdivisions, lies within a flood hazard area, the following shall be required:
1. Delineation of flood hazard areas, floodway boundaries and flood zones, and design
flood elevations, as appropriate, shall be shown on preliminary plats and final plats;
2. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 105.2(1) of this ordinance; and
3. Compliance with the site improvement and utilities requirements of Section 303 of this
ordinance.
8 -57. Minimum requirements. All proposed new development shall be reviewed to determine
that:
1. Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
2. All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
8 -58. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private
sewage treatment plants (including all pumping stations and collector systems), and on -site
waste disposal systems shall be designed in accordance with the standards for onsite sewage
treatment and disposal systems in Chapter 64E -6, F.A.C. and ASCE 24 Chapter 7 to minimize
or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood
waters, and impairment of the facilities and systems.
8 -59. Water supply facilities. All new and replacement water supply facilities shall be designed
in accordance with the water well construction standards in Chapter 62- 532.500, F.A.C. and
ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
8 -60. Limitations on sites in regulatory floodways. No development, including but not limited
to site improvements, and land disturbing activity involving fill or regrading, shall be authorized
in the regulatory floodway unless the floodway encroachment analysis required in Section
105.3(1) of this ordinance demonstrates that the proposed development or land disturbing
activity will not result in any increase in the base flood elevation.
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8 -61. Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood - related erosion and scour. In
addition to these requirements, if intended to support buildings and structures (Zone A only), fill
shall comply with the requirements of the Florida Building Code.
8 -62. Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard
areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is
approved by the Florida Department of Environmental Protection and only if the engineering
analysis required by Section 105.3(4) of this ordinance demonstrates that the proposed
alteration will not increase the potential for flood damage. Construction or restoration of dunes
under or around elevated buildings and structures shall comply with Section 307.8 (3) of this
ordinance.
MANUFACTURED HOMES
8 -63. General. All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the
requirements of Chapter 15C -1, F.A.C. and the requirements of this ordinance. If located
seaward of the coastal construction control line, all manufactured homes shall compy with the
more restrictive of the applicable requirements.
8 -64. Foundations. All new manufactured homes and replacement manufactured homes
installed in flood hazard areas shall be installed on permanent, reinforced foundations that:
1. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in
accordance with the foundation requirements of the Florida Building Code, Residential
Section R322.2 and this ordinance.
2. In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential Section R322.3 and this
ordinance.
8 -65. Anchoring. All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
movement. Methods of anchoring include, but are not limited to, use of over - the -top or frame
ties to ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
8 -66. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall
comply with Section 304.4.1 or 304.4.2 of this ordinance, as applicable.
8 -66.1. General elevation requirement. Unless subject to the requirements of Section 304.4.2
of this ordinance, all manufactured homes that are placed, replaced, or substantially improved
on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new
manufactured home park or subdivision; (c) in an expansion to an existing manufactured home
park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated
such that the bottom of the frame is at or above the elevation required, as applicable to the flood
hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section
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R322.3 (Zone V).
8 -67. Elevation requirement for certain existing manufactured home parks and
subdivisions. Manufactured homes that are not subject to Section 304.4.1 of this ordinance,
including manufactured homes that are placed, replaced, or substantially improved on sites
located in an existing manufactured home park or subdivision, unless on a site where
substantial damage as result of flooding has occurred, shall be elevated such that either the:
1. Bottom of the frame of the manufactured home is at or above the elevation required, as
applicable to the flood hazard area, in the Florida Building Code, Residential Section
R322.2 (Zone A) or Section R322.3 (Zone V); or
2. Bottom of the frame is supported by reinforced piers or other foundation elements of at
least equivalent strength that are not less than 36 inches in height above grade.
8 -68. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322 for such enclosed areas,
as applicable to the flood hazard area.
8 -69. Utility equipment. Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall
comply with the requirements of the Florida Building Code, Residential Section R322, as
applicable to the flood hazard area.
RECREATIONAL VEHICLES AND PARK TRAILERS
8 -70. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood
hazard areas shall:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use, which means the recreational vehicle or
park model is on wheels or jacking system, is attached to the site only by quick -
disconnect type utilities and security devices, and has no permanent attachments such
as additions, rooms, stairs, decks and porches.
8 -70.1. Permanent placement. Recreational vehicles and park trailers that do not meet the
limitations in Section 305.1 of this ordinance for temporary placement shall meet the
requirements of Section 304 of this ordinance for manufactured homes.
TANKS
8 -71.1. Underground tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming the tank
is empty.
8 -71.2. Above - ground tanks, not elevated. Above - ground tanks that do not meet the
elevation requirements of Section 306.3 of this ordinance shall:
1. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming
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the tank is empty and the effects of flood -borne debris.
2. Not be permitted in coastal high hazard areas (Zone V).
8 -71.3. Above - ground tanks, elevated. Above - ground tanks in flood hazard areas shall be
attached to and elevated to or above the design flood elevation on a supporting structure that is
designed to prevent flotation, collapse or lateral movement during conditions of the design flood.
Tank - supporting structures shall meet the foundation requirements of the applicable flood
hazard area.
8 -71.4. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
1. At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
OTHER DEVELOPMENT
8 -72. General requirements for other development. All development, including man -made
changes to improved or unimproved real estate for which specific provisions are not specified in
this ordinance or the Florida Building Code, shall:
1. Be located and constructed to minimize flood damage;
2. Meet the limitations of Section 303.4 of this ordinance if located in a regulated floodway;
3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
4. Be constructed of flood damage- resistant materials; and
5. Have mechanical, plumbing, and electrical systems above the design flood elevation,
except that minimum electric service required to address life safety and electric code
requirements is permitted below the design flood elevation provided it conforms to the
provisions of the electrical part of building code for wet locations.
8 -72.2. Fences in regulated floodways. Fences in regulated floodways that have the potential
to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet
the limitations of Section 303.4 of this ordinance.
8 -72.3. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls
and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet
the limitations of Section 303.4 of this ordinance.
8 -72.4. Roads and watercourse crossings in regulated floodways. Roads and watercourse
crossings, including roads, bridges, culverts, low -water crossings and similar means for vehicles
or pedestrians to travel from one side of a watercourse to the other side, that encroach into
regulated floodways shall meet the limitations of Section 303.4 of this ordinance. Alteration of a
watercourse that is part of a road or watercourse crossing shall meet the requirements of
Section 105.3 (3) of this ordinance.
8 -72.5. Concrete slabs used as parking pads, enclosure floors, landings, decks,
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walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V).
In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings,
decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to
buildings and structures provided the concrete slabs are designed and constructed to be:
1. Structurally independent of the foundation system of the building or structure;
2. Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
3. Have a maximum slab thickness of not more than four (4) inches.
8 -72.6. Decks and patios in coastal high hazard areas (Zone V). In addition to the
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall
be located, designed, and constructed in compliance with the following:
1. A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any increased loads resulting from the attached deck.
2. A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
3. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to the building or structure or to adjacent buildings
and structures.
4. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
8 -72.7. Other development in coastal high hazard areas (Zone V). In coastal high hazard
areas, development activities other than buildings and structures shall be permitted only if also
authorized by the appropriate federal, state or local authority; if located outside the footprint of,
and not structurally attached to, buildings and structures; and if analyses prepared by qualified
registered design professionals demonstrate no harmful diversion of floodwaters or wave runup
and wave reflection that would increase damage to adjacent buildings and structures. Such
other development activities include but are not limited to:
1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
2. Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the design flood or otherwise
function to avoid obstruction of floodwaters; and
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3. On -site sewage treatment and disposal systems defined in 64E- 6.002, F.A.C., as filled
systems or mound systems.
8 -72 -8. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard
areas:
1. Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
2. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
3. Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification of
the diversion of floodwater or wave runup and wave reflection if the scale and location of
the dune work is consistent with local beach -dune morphology and the vertical clearance
is maintained between the top of the sand dune and the lowest horizontal structural
member of the building.
SECTION 3. The Florida Building Code, Building is hereby amended by the following
administrative amendments.
Sec. 104.10.1, Florida Building Code, Building
Add a new Sec. 104.10.1 as follows:
104.10.1 Modifications of the strict application of the requirements of the Florida
Building Code. The Building Official shall coordinate with the Floodplain Administrator
to review requests submitted to the Building Official that seek approval to modify the
strict application of the flood resistant construction requirements of the Florida Building
Code to determine whether such requests require the granting of a variance pursuant to
Section 117.
Sec. 107.6.1, Florida Buildinq Code, Building
Add a new Sec. 107.6.1 as follows:
107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the
requirements of federal regulation for participation in the National Flood Insurance
Program (44 C.F.R. Sections 59 and 60) the authority granted to the Building Official to
issue permits to rely on inspections and to accept plans and construction documents on
the basis of affidavits and plans submitted pursuant to Section 105.14 and Section
107.6 shall not extend to the flood load and flood resistance construction requirements
of the Florida Building Code.
Sec. 117, Florida Building Code, Building
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Add a new Sec. 117 as follows:
117 VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance
procedures adopted in the local floodplain management ordinance shall apply to
requests submitted to the Building Official for variances to the provisions of Section
1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of
the Florida Building Code, Residential. This section shall not apply to Section 3109 of
the Florida Building Code, Building.
SECTION 4. The Florida Building Code, Building is hereby amended by the following
technical amendments.
Add a new Sec. 1612.4.1 as follows:
1612.4.1 Elevation requirements. The minimum elevation requirements shall be as
specified in ASCE 24 or the base flood elevation plus 2 and 1/2 feet, whichever is higher.
SECTION 5. The Florida Building Code, Residential is hereby amended by the following
technical amendments.
Modify Sec. R322.2.1 as follows:
R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas not designated as Coastal A Zones
shall have the lowest floors elevated to or above the base flood elevation plus 2 and
1/2 feet or the design flood elevation, whichever is higher.
2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall
have the lowest floors elevated to or above the base flood elevation plus 2 and 1/2
feet m), or to the design flood elevation, whichever is higher.
3. In areas of shallow flooding (AO Zones), buildings and structures shall have the
lowest floor (including basement) elevated at least as high above the highest
adjacent grade as the depth number specified in feet on the FIRM plus 1 foot
305mm , or at least 4 and '/z feet 2 feet X61 n m n4 if a depth number is not
specified.
4. Basement floors that are below grade on all sides shall be elevated to or above the
base flood elevation plus 2 and % feet or the design flood elevation, whichever is
hi her.
Exception: Enclosed areas below the design flood elevation, including basements
whose floors are not below grade on all sides, shall meet the requirements of Section
R322.2.2.
Modify Sec. R322.3.2 as follows:
R322.3.2 Elevation requirements.
1. All buildings and structures erected within coastal high- hazard areas shall be
elevated so that the lowest portion of all structural members supporting the lowest
floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade
Ordinance No. 25 -13 -43 Page 26 of 28
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beams and bracing, is:
1.1 Located at or above the base flood elevation plus 2 and '/2 feet or the design
flood elevation, whichever is higher, if the lowest horizontal structural member is
oriented parallel to the direction of wave approach, where parallel shall mean
less than or equal to 20 degrees (0.35 rad) from the direction of approach, or
1.2 Located at the base flood elevation plus 3 and 'h feet _-foGt (305 rnI), or
the design flood elevation, whichever is higher, if the lowest horizontal structural
member is oriented perpendicular to the direction of wave approach, where
perpendicular shall mean greater than 20 degrees (0.35 rad) from the direction of
approach.
2. Basement floors that are below grade on all sides are prohibited.
3. The use of fill for structural support is prohibited.
4. Minor grading, and the placement of minor quantities of fill, shall be permitted for
landscaping and for drainage purposes under and around buildings and for support
of parking slabs, pool decks, patios and walkways.
Exception: Walls and partitions enclosing areas below the design flood elevation shall meet
the requirements of Sections R322.3.4 and R322.3.5.
SECTION 6. FISCAL IMPACT STATEMENT.
In terms of design, plan application review, construction and inspection of buildings and
structures, the cost impact as an overall average is negligible in regard to the local technical
amendments because all development has been subject to the requirements of the local
floodplain management ordinance adopted for participation in the National Flood Insurance
Program. In terms of lower potential for flood damage, there will be continued savings and
benefits to consumers.
SECTION 7. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Atlantic
Beach. This ordinance shall apply to all applications for development, including building permit
applications and subdivision proposals, submitted on or after.
SECTION 8. REPEALER.
Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of
any conflict. This ordinance specifically repeals and replaces the following ordinance(s) and
regulation(s): Chapter 8, Flood Hazard Areas, City of Atlantic Beach Code.
SECTION 9. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the City Commission that the provisions of this ordinance shall become and be
made a part of the City of Atlantic Beach's Code of Ordinances, and that the sections of this
ordinance may be renumbered or relettered and the word "ordinance" may be changed to
"section," "article," "regulation," or such other appropriate word or phrase in order to accomplish
such intentions.
SECTION 10. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity
of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 11. This Ordinance shall take effect immediately upon its final passage and
adoption.
Ordinance No. 25 -13 -43 Page 27 of 28
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Passed by the City Commission on first reading this 25th day of March 2013.
Passed by the City Commission on second reading and final reading on this day of
2013.
Attest:
Donna L. Bartle, CIVIC
City Clerk
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Mike Borno,
Mayor
Ordinance No. 25 -13 -43 Page 28 of 28
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ORDINANCE NO. 60 -13 -18
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS
AND ADVERTISING STRUCTURES, ARTICLE 1, IN GENERAL, SEC. 17-
2, DEFINITIONS, AND ARTICLE II, SIGNS PERMITTED, SEC. 17 -26,
EXEMPT SIGNS, TO PROVIDE FOR THE NUMBER AND SIZE OF
FLAGS, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: The following definitions contained in Sec. 17 -2, Definitions, of the Code
of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to read as follows:
"Flag: A piece of cloth or similar material having a distinctive size, color,
and design used as a symbol, standard, signal and other similar items of
recognition and may include insignias of governmental, religious, charitable,
fraternal or other organizations. Any flag and pole or attachment that frequently
holds a flag shall be deemed a permanent flag. This definition of flag shall not
inelude the flag of the United Staten of Amnrin "
"Sign: Any identification, description, illustration, or device illuminated
or non- illuminated, which is visible from any outdoor place, open to the public
and which directs attention to a product, service, placed, activity, person,
institution, or business thereof, including any permanently installed or situated
merchandise; or any emblem, painting, banner, pennant, flag, placard, designed to
advertise, identify, or convey information, with the exception of customary
window displays, official public notices and court markers required by federal,
state or local regulations; also excepting, newspapers, leaflets and books intended
for individual distribution to members of the public, attire that is being worn,
badges, and similar personal gear. "Sign " shall also inelude all
advei4isinf4 displays as deseribed in Seetion 3 108. 1. 1, Florida Building Code, and
Building Gode "
"Sign permit: A development permit authorizing erection, placement or
installation of a sign as permitted by this chapter in accordance with the
requirements of Seeti„r 3109 of Florida Building Code and article V of this
chapter."
AGENDA ITEM # 713
APRIL 8, 2013
SECTION 2: Sec. 17 -26, Exempt Signs, of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to add a new subsection (14) under paragraph (b) to
read as follows:
"(14) Not more than two (2) flags per development parcel, but if there are
two (2) flags then one (1) must be the flag of the United States of America. A
development parcel with more than one (1) principal structure may have two (2)
flags for each principal structure with more than 5,000 square feet of fully
enclosed floor area . Each flag shall not exceed twenty -four (24) square feet in
area; however, this size limitation shall not apply to United States of America
flags at public buildings and parks."
SECTION 3. This Ordinance shall take effect immediately upon its final passage and
adoption.
2013.
PASSED by the City Commission on first reading this day of
PASSED by the City Commission on second and final reading this day of
.2013.
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
LOUIS M. BORNO, JR.
Mayor, Presiding Officer
Ordinance No. 60 -13 -18 Page 2 of 2
AGENDA ITEM # 7C
APRIL 8, 2013
ORDINANCE NO. 5 -13 -58
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II,
CITY COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO
PROVIDE FOR ONE (1) REGULAR MEETING AND ONE (1) SCHEDULED
WORKSHOP PER MONTH, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: Sec. 2 -16 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended to read as follows"
"Sec. 2 -16. Time and place of regular meetings and scheduled workshops.
(a) The regular meetings of the city commission shall be held on the second Monday of each month.
(b) Scheduled workshops of the city commission shall be held as follows:
(1) In the months of January through November, on the fourth Monday of the month.
(2) In the month of December, on the third Monday of the month.
(c) All regular meetings and scheduled workshops of the city commission shall be held in city hall at
6:30 p.m.
(d) If the second or fourth Monday falls on a holiday, the regular meeting or scheduled workshop
shall be held on Tuesday immediately following the holiday."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission on first reading this 25th day of February 2013.
PASSED by the City Commission on second and final reading this day of 2013.
LOUIS BORNO, JR.
Mayor, Presiding Officer
ATTEST:
DONNA L. BARTLE
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
AGENDA ITEM # 7D
APRIL 8, 2013
ORDINANCE NO. 20-13-122
AN ORDINANCE AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND
ENDING SEPTEMBER 30, 2013, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day -to -day decisions affecting
such budgetary systems require adjustments from time -to -time, and
WHEREAS, the City staff was directed at the March 23, 2013 commission meeting per
approval of Agenda Item #813, to go forward with funding for videotaping the future commission
meetings. This requires the purchase and installation of a multiple camera system and a monthly
live streaming hosing and remote switching service, and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2012/2013 Budget to be amended as follows:
GENERAL FUND
Expenses:
City Clerk
Capital Outlay -
Contract Services -
Total Expenses:
$31,000
4,675
535,675
Fund Balance <535,675>
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of April 2013.
Passed by the City Commission on second and final reading this day of April 2013.
Mike Borno
Mayor / Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
ATTEST:
Donna L. Bartle, CMC
City Clerk
AGENDA ITEM # 7D
APRIL 8, 2013
STAFF REPORT
City of Atlantic Beach
Commission Meeting
Agenda Item: Funding for Videotaping Commission Meetings
Submitted by: Keith Randich, IT Director
Date: March 18, 2013
Strategic Plan Link: Videotaping Commission Meetings
Background
Staff was requested at the March 13, 2013 Strategic Planning meeting to prepare a
staff report to request funding for a videotaping system. This report seeks funding to
purchase and install a multiple- camera system in the Commission Chambers building.
Budget
Upfront Capital Costs
Encoder $5,000
Camera, Switch $25,000
Installation, Licenses $1,000
Total Upfront Capital Cost $31,000
Monthly Services
Live Streaming, Hosting $695
(Up to 30 MeetingsNear)
Remote Switching $240
Total Monthly Services $935
Additional Costs
Meetings over 30 /year $150 /meeting
Remote Switching $120 /meeting
Recommendation
Authorize staff to prepare a budget ordinance to provide for $31,000 in capital and
$4,675 ($935 x 5 months) in operating costs to implement this project.
Reviewed by City Manager:
AGENDA ITEM # 8A
APRIL 8, 2013
CITY OF ATLANTIC BEACH
COMMISSION MEETING
AGENDA ITEM: Request for Proposals for Public Safety Building Expansion and Remodeling
REPORT SUBMITTED BY: Mike Borno, Mayor
DATE:
STRATEGIC PLAN LINK:
April 1, 2013
Goal #4; Police Building
BACKGROUND: The City Commission discussed the next steps relating to the police building
project during recent strategic plan workshops. I agreed to present a Scope of
Services for a feasibility study regarding improvements to the current Atlantic
Beach police building. A copy of the proposed Request For Proposals (RFP),
including the Scope of Services, is attached.
This RFP follows the same process as other professional services that have been
solicited by the City. It meets the State requirements for selection of architects
under the Competitive Consultants Negotiation Act (CCNA).
Proposals will be solicited from architects who have significant critical facility
experience. This can include not only construction and remodeling of police and
fire facilities, but also other critical buildings like hospitals. The successful firm
chosen under this RFP would be precluded from doing any additional work on
the police building project in the future to be sure there is no bias in the
architect's opinion. Additionally, firms who have worked on plans for the AB
police building in the last ten years would be precluded from participating in this
report.
Rankings of the proposals submitted will be done by a team of City staff
members including Rick Carper, Donna Kaluzniak and Mike Griffin. They will
submit their recommendations to the City Commission which will include the top
three ranked firms. The Commission would then be asked to provide
authorization to staff to negotiate with the top ranked architect in accordance
with state CCNA regulations. The ranking criteria would include the firm's
professional qualifications and project team (30 %), the firm's past record of
professional accomplishments (25 %), the firm's project approach (25 %), the
firm's staff availability and capability to meet the deadlines (10 %), financial
responsibility and insurance (5 %) and proximity of their office to Atlantic Beach
(5 %).
BUDGET: There is an existing budget of $60,000 for expenses related to an outside review
of options for the police building project.
RECOMMENDATION: Authorize the City staff to request proposals from architects for the police
building project as outlined in the attached Request for Proposals.
AGENDA ITEM # 8A
APRIL 8, 2013
REQUEST FOR PROPOSALS
ARCHITECTURAL / ENGINEERING SERVICES
PUBLIC SAFETY BUILDING EXPANSION AND REMODELING FEASIBILITY
STUDY
RFP 13 -OX
I. INTRODUCTION AND SCOPE OF PROJECT:
The City of Atlantic Beach is soliciting proposals from qualified Architectural and
Engineering (A and E) firms with significant critical facility experience to participate in a
competitive process to provide professional services to conduct a feasibility study regarding
improvements to the current Atlantic Beach Public Safety Building. Five (5) copies of the
proposals must be submitted by Friday, 4:30 PM, April xx, 2013 and addressed to:
Michael Griffin, Building and Zoning Director
800 Seminole Road
Atlantic Beach, Fl 32233
RFP 13 -OX
Police Building Feasibility Study
II. BACKGROUND:
The current City of Atlantic Beach Public Safety Building is approximately twenty five (25)
years old, and has a number of deficiencies that adversely impact the operations of the Police
Department. For several years the City has been working to determine a cost effective plan
for upgrading or replacing the existing facilities. Beginning in 2005, the City had an
architectural firm provide guidance relative to renovating and expanding the existing facility,
followed by an evaluation by a separate architectural firm that specialized in Public Safety. A
number of potential sites for a new Public Safety Building were evaluated, and it was
determined that a location at 800 Seminole Road adjacent to the City Hall Complex was the
best location for a new Public Safety Building. However, the design submitted encroached
into the adjacent City Park and was deemed unacceptable for both cost and this
encroachment.
The City Commission of Atlantic Beach has established funding for a feasibility study to
determine if the existing building can be modified to an acceptable structure on the existing
site, and if feasible, what would be the reasonable cost of this project. Time is of the essence,
so this project will have a short timeline for completion.
To ensure an unbiased evaluation, the successful proposer for this study will not be
considered for any subsequent design project related to the Public Safety Building.
Additionally, firms who have been under contract to the City in earlier studies and / or design
projects for the Public Safety Building within the last ten years will not be considered for this
feasibility study.
AGENDA ITEM # 8A
APRIL 8, 20I3
III. DRAFT SCOPE OF WORK
A. Review of historical documents, including original design plans, 2005 Renovation
Plans, 2011 New Construction Plans, 2012 Building Design Review Committee
Proceedings and floodplain maps.
B. Conduct physical survey of existing building and site to evaluate condition and
potential for expansion. The building evaluation should take into consideration,
but is not limited to, accessibility and public /police personnel accommodation.
The site evaluation should take into consideration impacts related to existing
parking, landscaping (trees), floodplain and campus architecture.
C. The overall evaluation is to determine what the capabilities and limitations of the
existing site are; whether the spatial needs assessment value of 14,000 SF can be
met on this site in a one or two story design; and what would be the future
expansion capabilities of that building?
D. Can the existing building be renovated and brought within current building codes
for a critical facility (including raising the current flooring to comply with the 100
year flood zone, if required) and could the department continue to operate out of
the existing building and/ or phased expansions while it is being expanded and
renovated?
E. Depending on answers to C. and D., develop phased plan for expansion of
existing facility. Plan should include cost of moves and temporary facilities if
necessary to maintain daily operations of Police and Emergency Communications.
F. Present final plan at a Public Meeting of the City Commission with cost estimates
and any non -cost considerations.
IV. PREPARATION OF SUBMISSIONS:
A. Firms submitting a response to this request will be referred to herein as
"Respondent(s) ", who are preparing a response to this request and are expected to
examine this request including all relevant forms, terms, conditions, and
instructions. All costs associated with preparation and submission of the
proposal(s) and any other information shall be borne entirely by the
Respondent(s).
B. Submissions and modifications thereof shall be enclosed in sealed envelopes, with
the required forms, addressed to the person specified in the invitation, with the
name and address of the Respondent and the RFP number on the face of the
envelope. Submissions received after the stated time and date will be returned to
the sender unopened.
C. The City of Atlantic Beach reserves the right to declare any Respondent ineligible
at any time during the process where developments arise which adversely affect
the Respondent's responsibility.
D. Information on the preliminary study and site selection is available in digital
format upon request.
AGENDA frEM # 8A
APIUL 8, 2013
QUESTIONS: Any Respondent who is in doubt as to the true meaning of any
part of the solicitation documents, or finds a discrepancy or omission therein, may
contact Building and Zoning Director Michael Griffin, for an interpretation or correction:
Michael Griffin, Building and Zoning. Director
800 Seminole Road
Atlantic Beach, Fl 32233
(904) 247 -5813 Office
!!Ip ! rn-I'ft!t,na11.L15
Only interpretation, instructions or correction(s) given, in writing, by Building and
Zoning Director Michael Griffin, will be binding. respondents are hereby notified that no
other source is authorized to give information concerning explaining and/or interpreting a
request.
V. CONSULTANT(S) REQUIREMENTS AND SELECTION PROCESS:
A. Selection Process: Consultant selection shall be in accordance with this request
for proposals. The evaluation process shall determine qualifications, interest, and
availability of Respondents to provide relevant A & E services. City staff will
first review all written responses, which will result in a ranked list of fully
qualified respondents. After ranking is completed by staff, inforinal interviews
and /or presentations may be conducted of selected respondents determined to be
best qualified leased upon the evaluation of the written responses. The
determinations shall be based upon the criteria below.
Method of Ranking: During, the review of written responses, each criterion below
will be ranked on a scale of zero (0) thorough ten (10). In addition, each criterion
has been assigned a percentage value that weights the criterion's significance to
the project as noted below.
B. Written proposal /qualifications package requirement:
Respondents are to adhere to the requirements shown below. Failure to do so may
result in rejection of proposal as non-responsive.
a. Be concise and to the point.
b. Provide adequate information on each criterion below.
c. Provide the ranking criteria information below in the order shown
d. Public Entity Crimes Statement
e. Drug -Five Workplace Statement
f, W-9
AGENDA ITEM # 8A
APRIL 8, 2013
C. RANKING CRITERIA:
Firms responding to this Request for Proposals must include detailed information
concerning the following criteria for selection:
a. Firm's Professional Qualifications and Project Team [30 %]:
List consultant team members, including detailed resumes and professional
licenses /certifications. Give brief bullets on education, training and experience
for project personnel. Designate the Project Manager and provide full contact
information. Experience with design and construction of Public Safety Facilities or
other Critical Facilities by project team members should be included.
b. Past record of professional accomplishments [25 %]:
Provide a list of recently (within past five years) completed projects similar to the
project under consideration with brief description. Provide reference letters and a
list of other agencies, governments or companies for which similar services have
been provided. Include owners' contact person, email address, FAX number and
telephone number, and type of projects completed. Note which of the Project
Team members proposed for this RFP were involved in each past project and in
what capacity.
c. Project approach [25 %]:
Describe the firm's specific proposed approach to providing professional
Architectural and Engineering services for the requested study of the public safety
building.
d. Staff Availability and Capability to Meet Deadlines [10 %]:
Current and projected workload for the project team, which indicates the
availability of staff to complete assigned projects in a timely manner, will be
considered. Respondents will provide a schedule, for completing the project
showing major milestones and ability to meet the project deadlines.
e. Financial Responsibility and Insurance [5 %]:
The form of business of the prime consultant, i.e., proprietorship, partnership,
corporation; years in business; changes in ownership; bank reference; and any
other information the applicant may wish to supply to verify financial
responsibility. Include the most recent audit summary or sufficient evidence from
an outside,, professional source verifying the financial stability of the firm, and
current certificate of insurance. Financial information may be packaged in a separate
sealed envelope if desired.
f. Proximity [5 %]:
Location of the consultant's home office (corporate headquarters) and location of
the local office where the project(s) will be produced.
4
AGENDA ITEM # 8A
APRIL 8, 2013
PROPOSAL IS NOT A BID: This request for proposals / qualifications is not to be considered a
BID. The City of Atlantic Beach Staff (Building and Zoning Director, Public Works Director and
Utility Director) will evaluate proposals based on the criteria set forth in this RFP. The evaluation
process will consider only the requested weighted criteria to determine which firm(s) are the most
highly qualified to perform the required services. The City reserves the right to reject any and
all proposals, waive informalities and technicalities, and make award to the firm whose
proposal best serves the interest of the City, not just based on highest score /rank. Also, the
City reserves the right to make such investigation as deemed necessary to determine the
ability of any proposer to perform the services requested.
III. INDEMNIFICATION REQUIREMENT:
The City shall require the following or similar indemnification paragraphs to be made part of the
contract(s) as entered into with the successful proposer(s). The City shall be held harmless
against all claims for bodily injury, sickness, disease, death or personal injury or damage to
property or loss of use resulting there from arising out of performance of the agreement or
contract, unless such claims are a result of the City's own negligence. The City shall also be
held harmless against all claims for financial loss with respect to the provision of or failure to
provide professional or other services resulting in professional, malpractice, or errors or
omissions liability arising out of performance of the agreement or contract, unless such claims
are a result of the City's own negligence.
IV. INSURANCE REQUIREMENTS:
The consultant shall procure and maintain during the term of the contract, insurance of the types
and in the minimum amounts stated below.
Coverages Schedule Minimums
A. Workers' Compensation Florida $100,000 — each accident
Statutory Coverage and Employer's $100,000 — each employee
Liability (including Appropriate $500,000 — policy limit for disease
Federal Acts)
B. Comprehensive General Liability
C. Products —Completed Operations
D. Business Auto Liability
E. Professional Liability
F. Excess or Umbrella Liability
$1,000,000 — bodily injury each
occurrence
$1,000,000 — bodily injury aggregate
$1,000,000 — property damage each
occurrence
$1,000,000 — property damage aggregate
$1,000,000 - aggregate
Same as Comprehensive General Liability
(All autos — owned, hired or used)
Same as Comprehensive General Liability
Optional
Insurance shall be written by an insurer holding a current certificate of authority pursuant to
Chapter 624, Florida Statutes. Prior to commencing any work on the continuing contract,
certificates of insurance, approved by the City, evidencing the maintenance of said insurance
shall be furnished to the City's construction project manager. The certificates shall provide that