Amended Agenda Packet October 14, 2013.docCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
October 14, 2013 - 6:30 PM
AMENDED AGENDA
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Regular Commission Meeting of September 9, 2013.
B. Approve the minutes of the Budget Workshop for August 6, 2013.
C. Approve the minutes of the Budget Workshop for August 13, 2013.
D. Approve the minutes of the Special Called (Shade) Meeting of August 26, 2013.
E. Approve the minutes of the Special Called Commission Meeting of August 26, 2013.
F. Approve the minutes of the Commission Workshop of August 26, 2013.
G Approve the minutes of the Special Workshop of September 10, 2013.
2. Courtesy of Floor to Visitors
A. Proclamation Declaring November 2013 Pancreatic Cancer Awareness Month in the
City of Atlantic Beach.
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, Building Department Monthly Activity
Report, List of New Business Taxes and Utility Sales Report for August.
B. Authorize the City Manager to sign the contract with Atlantic Beach Experimental
Theater (ABET).
C. Award the contract for Concrete Repairs for the Public Works/Utilities Department to
DP Contracting Inc. for one year with two 1 -year renewals starting October 15, 2013.
*D Award a contract to Sawcross, Inc. in the amount of $1,217,000 for construction of the
Reclaimed Water Facilities, Bid No. 1213 -11. In addition, authorize staff to encumber
$42,000 as a contingency. The fmal Agreement for contract award and Notice to
Proceed for construction of Reclaimed Water Facilities, Bid No. 1213 -11 shall become
effective on the date that Atlantic Beach Partners and Atlantic Beach Country Club
achieve final closing on the property sale between the two parties. (REVISED)
E. Acknowledge receipt of the FY 2012 -13 - Summary of Utility Accounts Written Off.
5. Committee Reports
None.
6. Action on Resolutions
** A. RESOLUTION NO. 13 -14
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA INITIATING
1
THE PROCESS PURSUANT TO SECTION 171.203, FLORIDA STATUTES FOR
NEGOTIATING AN INI'ERLOCAL SERVICE BOUNDARY AGREEMENT WITH
THE CITY OF JACKSONVILLE, FLORIDA; IDENTIFYING AN INCORPORATED
AREA OF THE CITY OF JACKSONVILLE TO BE DISCUSSED FOR POSSIBLE
ANNEXATION; IDENTIFYING ISSUES FOR NEGOTIATION; PROVIDING
DIRECTIONS TO THE CITY CLERK; AND PROVIDING AN EFFECTIVE DATE.
7. Action on Ordinances
A. ORDINANCE NO. 75- 13 -19, Introduction and First Reading (REVISED)
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 21 TRAFFIC AND MOTOR VEHICLES ARTICLE II STOPPING, STANDING
AND PARKING TO RENAME PARKING MORE THAN SEVENTY -TWO HOURS
PROHIBITED TO PARKING IN THE RIGHT OF WAY WITH REVISED
REQUIREMENTS AND TO PROVIDE A FINE STRUCTURE FOR VIOLATING THAT
SECTION AND PROVIDING AN EFFECTIVE DATE.
8. Miscellaneous Business
A. Public Hearing on UBEX -13- 00100065, Tier One Construction, request for use -by-
exception as permitted by Section 24- 111(c)(6), to allow a contractor, not requiring
outside storage, to be located on a property within the Commercial General (CG)
zoning district at 33 West 6th Street. (City Manager)
*B. Approval of Master Agreement /Recreation & Greenspace Easement with The Atlantic
Beach Country Club, Inc. and Atlantic Beach Partners LLC. (REVISED /ADDITION
TO EXISTING DOCUMENTS) (City Manager)
C. Proposed Rates for Sale of Reuse Water to Customers. (City Manager)
D. Professional Engineering Services for Power Systems and Arc Flash Studies for Water
Treatment Plant Nos. 1— 4, RFP #13 -03. (City Manager)
E. Report on Interactive Voice Response (IVR) Option. (City Manager)
* *F. Pay increase for the City Clerk. (Mayor Borno)
9. City Manager
* *A. City Manager's Report.
10. Reports and /or requests from City Commissioners and City Attorney
A. Report on Boil Water Notice (Commissioner Mark)
B. Discussion and Recommendations for the Process and Procedure of Commission
Evaluation of City Manager /City Clerk/City Attorney. (Commissioner Beckenbach)
* *C. RCBS Corporation vs. The Estates of Atlantic Beach, LLC, et al. (City Attorney)
* These items have been revised since the workshop meeting of September 23, 2013.
** These items have been added to the agenda since the workshop meeting of September 23, 2013.
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, October 11, 2013.
2
AGENDA ITEM # 4D
OCTOBER 14, 2013
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Reclaimed Water Facilities, Bid No. 1213 -11
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director
DATE: September 20, 2013
STRATEGIC PLAN LINK: Golf Course
BACKGROUND: The City Commission has been working with Selva Marina Country Club
(now Atlantic Beach Country Club) and Atlantic Beach Partners on a Master Agreement that
includes providing reclaimed water facilities in exchange for a recreation and conservation
easement on the property.
In order to meet the deadline for providing reclaimed water for the golf course grow -in period,
design, permitting and bidding were expedited. Bids were advertised and five contractors
prequalified for the project. Four contractors attended the Mandatory Pre -Bid Meeting. Three
bids were received on September 18, 2013:
Contractor:
Hager
Construction Co.
Sawcross, Inc.
WPC Industrial
Contractors, LLC
Total Bid:
$1,420,967
$1,397,000
$1,570,000
After a bid analysis and review by the engineer, the lowest responsive bidder was Sawcross, Inc.
in the amount of $1,397,000. Since the bids were more than the budgeted amount, staff requested
the engineer perform a value engineering effort to determine potential cost reductions.
Possible cost savings in the amount of $200,000 were identified as shown on the attached Value
Engineering and Recommendations from the engineer, and $180,000 of these deductions are
recommended. This brings the recommended amount for contract award to $1,217,000.
Staff recommends encumbering a small contingency of $42,000 bringing the total project
amount to 1,259,000.
BUDGET: A total of $1,100,000 is included in the FY14 Budget in the Sewer Fund under
account number 410 - 5508 - 535 -6300. An Agreement with the St. Johns River Water
Management District (SJRWMD) for a 40% cost -share grant for the project was approved at the
September 9, 2013 Commission meeting. The low bid with contingency is $1,259,000 which
brings the City's cost to $817,000 with the SJRWMD funding $442,000. Staff has sent a request
to the SJRWMD to see if they would be willing to fund the additional amount and is awaiting a
reply.
Several of the City's other projects have come in under budget, including the Pine St. and
1
AGENDA ITEM # 4D
OCTOBER 14, 2013
Wonderwood Road Water Main, two major point repair projects and the sewer rehabilitation
project, totaling $160,000 which will cover the amount of the total project cost over budget.
RECOMMENDATION: Award a contract to Sawcross, Inc. in the amount of $1,217,000 for
construction of the Reclaimed Water Facilities, Bid No. 1213 -11. In addition, authorize staff to
encumber $42,000 as a contingency. The final Agreement for contract award and Notice to
Proceed for construction of Reclaimed Water Facilities, Bid No. 1213 -11 shall become effective
on the date that Atlantic Beach Partners and Atlantic Beach Country Club achieve final closing
on the property sale between the two parties.
ATTACHMENTS: 1. Bid Evaluation, Value Engineering and Recommendation from
J. Collins Engineering Associates, LLC
REVIEWED BY CITY MANAGER:
2
September 20, 2013
'NE,I,RING ASS(1W1ATFS, L1,(
AGENDA ITEM 11 40
OCTOBER 14, 2013
Donna Kaluzniak, CEP
Utility Director
City of Atlantic Beach
902 Assisi Lane
Atlantic Beach, FL 32233 -4318
Re: Bid Evaluation & Letter of Recommendation — City of Atlantic Beach - Reclaimed Water
Facility, Bid No, 1213 -11
Dear Donna:
J, Collins Engineering Associates, LLC (JCEA) completed the evaluation of the three bids
submitted on the subject project. The bids are as shown on the attached summary.
The apparent low bidder is Sawcross, Inc., Both Section 00200 - Instructions to Bidders and
Section 00300 - Bid Form defined the requirements to be submitted by the contractor with the
Bid and included: One copy of the Bid; Bid security; acknowledgement of addenda; listing of
subcontractors; W -9 tax payer ID; Public Entities Crime Statement, Drug Free Workplace
Certification; executed contractor's bid submittal checklist and copy of Contractor's License. All
required submittals and attachments as required by the bid documents were provided and are in
order,
While all of the Contractors were pre- qualified prior to the bid opening by the City as capable to
perform the project, JCEA is knowledgeable and familiar with Sawcross, Inc. This contractor has
been in the reclaimed water /wastewater construction business in Northeast Florida and Florida
for many years.
Because the bids exceed the city's budget, a value engineering session (see attached) was
completed with the contractor over the last several days after the bid opening to determine
possible cost reductions. A total of $200,000 was identified in cost savings. The
recommendation is to accept $180,000 of these value engineering features since JCEA
recommends that the City keep the third reclaimed water pump ($13,000) and its associated
electrical components ($7,000) in the project. JCEA has reviewed the deductions with the City
and none of the value engineering deductions will prevent the City from meeting the
requirements of the FDEP Permit or the ability to deliver reclaimed water to the golf course
development.
Based on the review of the bid package, there is no apparent reason to not award the contract
to Sawcross, Inc as the lowest most responsive bidder.
AGEI,IDA ITEM # 4D
OCTOBER 14, 2013
Page 2 oft
Donna Kaluzniak
September 20, 2013
If you have any questions, please call me at (904) 262 -4121.
Sincerely,
CZ_
ohn E. Collins, Jr., P.E.
Project Manager
City of Atlantic Beach
Reclaimed Water Facilities
9/18/2013
BID 1213 -11
3:00 PM
Required Documents
Hager Construction Company
Sawcross, Inc.
WPC Industrial Contractors, LLC
Document Requirements Checklist
X
X
X
Insurance
X
X
X
Bid Bond 5%
X
X
X
W -9
x
x
x
Public Entity Crimes Statement
X
X
X
Drug Free Workplace
X
X
X
Contractor's License
X
X
X
List of Subcontractors
X
X
X
Documentation of Receipt of Any Addenda (3)
X
X
X
Part A: Total Lump Sum Bid
$1,177,014.00
$1,265,585.00
$1,280,000.00
Part B: Total Limp Sum Bid
$243,953.00
$131,415.00
$290,000.00
Combined Total of Part A + Part B
$1,420,967.00
$1,397,000.00
$1,570,000.00
Award of Bid based on Department Analysis and Commission Approval
AGENDA ITEM # 4D
OCTOBER 14, 2013
VALUE ENGINEERING & RECOMMENDATIONS FOR AWARD OF
CITY OF ATLANTIC BEACH
RECLAIMED WATER FACILITY - BID NO. 1213 -11
Project Name: Atlantic Beach Reclaimed Water Facility
Subject Matter: Value Engineering Feature & Bid Recommendation
Date: 9/20/2013
Completed By J. Collins Engineering Associates, LLC(JCEA): John Collins, PE
Summary: Apparent low bidder - Sawcross, Inc. for $1,379,000.
Value Engineering After the Bid
After the bid, JCEA and Sawcross, Inc. performed a value engineering session to
develop alternates to reduce capital costs and the overall budget. The following
items were identified for elimination without affecting the FDEP Permit or the
ability of the project to provide reclaimed water for the golf course development:
Piping Modifications Deduction of $ 53,000
Modify the Sodium Hypochlorite Storage Shed Deduction of $ 41,600
Eliminate the Third Reclaimed Water Pump
(Distribution) Deduction of $ 13,000
City Direct Purchase Temporary Reclaimed Pump Deduction of $ 9,000
Hydrotank - Material Change from Stainless Steel to
Painted Carbon Steel Deduction of $ 30,000
Eliminate Motor Operated Gate Deduction of $ 5,000
Eliminate Backup Storage Tank Deduction of $ 11,000
Electrical & Instrumentation Deduction of $ 37,400
Total Deductions
$200,000
Recommendation - Use all the deductions except keep the third Reclaimed
Water Pump ($13,000) including the electrical components ($7000) which equals
$20,000. The total recommendation is to accept $180,000 of deductions.
J. COLLINS ENGINEERING ASSOCIATES, LLC
1-
AGENDA ITEM # 6A
OCTOBER 14, 2013
RESOLUTION NO. 13 -14
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA INITIATING THE PROCESS PURSUANT TO
SECTION 171.203, FLORIDA STATUTES FOR NEGOTIATING
AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH
THE CITY OF JACKSONVILLE, FLORIDA; IDENTIFYING AN
INCORPORATED AREA OF THE CITY OF JACKSONVILLE TO
BE DISCUSSED FOR POSSIBLE ANNEXATION; IDENTIFYING
ISSUES FOR NEGOTIATION; PROVIDING DIRECTIONS TO
THE CITY CLERK; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 163, Part I, Florida Statutes, known as the 'Florida Interlocal Cooperation
Act of 1969" authorizes local governments to enter into interlocal agreements with each other to make
the most efficient use of their powers by enabling them to cooperate with each other on a basis of mutual
advantage and thereby to provide services and facilities in a manner and pursuant to forms of
governmental organization that will accord best with geographic, economic, population, and other
factors influencing the needs and development of local communities; and
WHEREAS, the Florida Legislature enacted the Interlocal Service Boundary Agreement Act,
Chapter 171, Part II, Florida Statutes, to provide an alternative process for local governments regarding
the annexation of territory into a municipality and the subtraction of territory from a n incorporated area
of another municipality; to encourage local governments to jointly determine how to provide
services to residents and property in the most efficient and effective manner while balancing the needs
and desires of the community; to establish a more flexible process for adjusting municipal boundaries; to
encourage intergovernmental coordination in planning, service delivery, and boundary adjustments and to
reduce intergovernmental conflicts and litigation between local governments; to promote sensible
boundaries that reduce the costs of local governments, avoid duplicating local services, and increase
political transparency and accountability; and to prevent inefficient service delivery and an insufficient
tax base to support the delivery of those services; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has identified certain
lands, the boundary and legal description of which is depicted on Exhibit "A" (hereinafter referred to as
the "Selva Marina Country Club ") that are logical for the City of Atlantic Beach to provide certain
municipal services and which may be appropriate for annexation into the City of Atlantic Beach; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida deems it to be
in the best interests of the City to negotiate an Interlocal Service Boundary Agreement with t h e
City of Jacksonville, Florida for the "Selva Marina Country Club" pursuant to the provisions of
Chapter 171, Part II, Florida Statutes; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida desires to initiate
negotiations for an Interlocal Service Boundary Agreement with the City of Jacksonville
concerning the "Selva Marina Country Club" pursuant to the provisions of Section 171.203, Florida
Statutes.
AGENDA ITEM # 6A
OCTOBER 14, 2013
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORDA, THAT:
1. The City of Atlantic B each, Florida does hereby invite the City of Jacksonville, Florida
to commence the negotiation of an Interlocal Service Boundary Agreement regarding the incorporated
lands identified on Exhibit "A ", attached hereto and incorporated herein by reference, to be referred to
as the "Selva Marina Country Club ".
2. The City of Atlantic Beach agrees that negotiations regarding an Interlocal Service
Boundary Agreement will address, at a minimum, issues concerning service delivery, fiscal
responsibilities, and boundary adjustment as they concern Atlantic Beach ' s a n d
Jacksonville's responsibilities for the funding and delivery of the following services:
a. Public safety
b. Fire, emergency rescue, and medical
c. Water and wastewater
d. Road ownership, construction, and maintenance
e. Conservation, parks, and recreation
f. Stormwater management and drainage
3. Negotiations regarding an Interlocal Service Boundary Agreement will also address Land
Development Planning and Regulation; the effect on Ad Valorem taxes; Voluntary Annexation; and Future
Land Uses in annexed areas.
4. The City Clerk is hereby directed to send a copy of this Resolution by United States
Certified Mail to the chief administrative officer of each of the following: Duval County,
FL; the City of Jacksonville, FL; the City of Jacksonville Beach, FL; the City of Neptune Beach, FL; and
the Town of Baldwin, FL.
5. This Resolution shall be effective immediately upon adoption.
ADOPTED at a regular meeting of the City Commission of the City of Atlantic Beach, Florida,
day of October 2013.
MIKE BORNO, Mayor
ATTEST:
DONNA BARTLE, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, City Attorney
AGENDA ITEM # 7A
OCTOBER 14, 2013
ORDINANCE NO. 75-13-19
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 21 TRAFFIC AND MOTOR VEHICLES ARTICLE II STOPPING,
STANDING AND PARKING TO RENAME PARKING MORE THAN SEVENTY -TWO
HOURS PROHIBITED TO PARKING IN THE RIGHT OF WAY WITH REVISED
REQUIREMENTS TO INCLUDE THE SPECIFIC LISTED STREETS AND TO
PROVIDE A FINE STRUCTURE FOR VIOLATING THAT SECTION AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF
THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Sec 21 -23 of The Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended to read as follows:
"Sec. 21 -23. Parking in the right -of -way.
Parking in the right of way for short periods of time (not to exceed 8 hours) is
permissible. Parking in the right -of -way is not intended to be a solution for
limited driveway and/or garage parking.
No person shall park in the right -of -way on the below listed streets on a regular
basis at a residence, which is defined as 3 or more occasions in any seven (7) day
period."
Parking on the right -of -ways, as described in the two paragraphs directly
above, shall be prohibited on the following streets and roadways:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
SECTION 2. Section 21 -38 of the Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended to add a new subsection (i), to read as follows:
"Sec. 21 -38. Schedule of fines.
AGENDA ITEM # 7A
OCTOBER 14, 2013
There is hereby established the following schedule of fines to be assessed in cases
of parking violations occurring within the city:
(a) Parking in prohibited areas ..... $50.00
(b) Parking within fifteen (15) feet of fire hydrant ..... $50.00
(c) Parking double ..... $50.00
(d) Obstructing traffic ..... $50.00
(e) Obstructing driveway $50.00
(1) Parking over time limit ..... $50.00
(g) Other improper parking ..... $50.00
(h) Illegal parking in designated ADA Accessibility parking spaces ..... $250.00
(i) Parking in the right -of -way: First offense..... $100.00
Second offense within 24 months of first offense ..... $150.00
Third offense within 24 months of first offense ..... $250.00
Fourth and subsequent offenses at any time ..... $500.00
SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission on first reading this day of , 2013.
PASSED by the City Commission on second reading 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
Mike Borno
Mayor
Ordinance 75 -13 -19 Page 2 of 2
ROGE S
TOW RS
A T T O R N E Y S A T L A.W
VIA E -MAIL TO: jhanson(4coab.us
Mr. James Hanson
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
AGENDA ITEM # 8B
OCTOBER 14, 2013
T.R. Hainline, Jr. 1301 River ceBoulewanl • Suite 1500
Jacksonville, Florida 32207
904.346. 5531
Tflainline@rtlaw.com
rtlaw.com
October 7, 2013
901.398.3911 Main
904.396.0663 Fax
www.rthwcom
RE: MASTER AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH,
FLORIDA, THE ATLANTIC BEACH COUNTRY CLUB, INC. AND
ATLANTIC BEACH PARTNERS, LLC
Dear Jim:
We are requesting a change to the language in Section 5.f. of the proposed Master
Agreement. Section 5.f.ii., as set forth in version 12 of the proposed Master Agreement provides
for temporary interruptions in the deliver of Reclaimed Water due to Force Majeure and due to
regular maintenance and repair of the COAB Water System. However, it was recently brought
to our attention by our golf course designer that the proposed onsite pond is only capable of
storing 7 %s days worth of water for the golf course. This raised concerns regarding the length of
temporary interruptions in delivery due to regular maintenance.
We are asking that Section 5.f., be revised as shown in the attached pages 15 and 16 (and
redlined versions of pages 15 and 16). The revision adds a new Section 5.f.iii which limits
temporary interruptions in delivery "due to regular and necessary maintenance and repairs" to a
maximum of five (5) days. The other subsequent sections are renumbered accordingly. To be
clear, Section 5.f.iii only applies to interruptions in delivery due to maintenance and repair, not
to interruptions due to Force Majeure.
We are requesting that this change be presented to the City Commission at the upcoming
hearing on October 141h. If you have any questions please call me at the above number.
JAM 1811713_1
AGENDA ITEM # 8B
OCTOBER 14, 2013
iv. With regard to individual lot owners within the residential portion
of the Property, COAB will charge a connection fee that includes the cost of a
meter for use of the Reclaimed Water which meter will measure the volume of
water utilized by that lot owner.
f. DELIVERY OF RECLAIMED WATER UNDER ADVERSE
CONDITIONS/FORCE MAJEURE.
i. The parties recognize that adverse weather conditions or Force
Majeure events may necessitate modification of the normal delivery schedule and
volume established by COAB. The parties recognize that these adverse weather
conditions or Force Majeure events may result in a need for Reclaimed Water
greater or less than the volumes set forth in section 5.e. above. In the event of
adverse weather conditions or other unforeseen circumstances, the Ultimate Users
shall have the right to refuse some or all of the Reclaimed Water as is reasonably
dictated by the adverse weather conditions or Force Majeure events.
Additionally, the Ultimate Users shall have the right to request a greater volume
of Reclaimed Water, subject to availability as determined by COAB. In the event
a greater volume of Reclaimed Water is supplied, it shall be delivered under such
pressure as the COAB Water System is capable of producing.
JAX\1763655_13
ii. If COAB's transmission or delivery system fails for reasons of
Force Majeure then delivery of Reclaimed Water under the requirements of this
Agreement may be temporarily interrupted or limited in quantity.
iii. The parties acknowledge that COAB will have to perform regular
and necessary maintenance and repairs to the COAB Water System which may
-15-
JAX\1763655_13
AGENDA ITEM # 8B
OCTOBER 14, 2013
result in temporary interruptions in delivery of Reclaimed Water to the Country
Club. COAB agrees that any such temporary interruptions will be for a maximum
of five (5) days,
iv. If an Ultimate User's irrigation system fails, or if an Ultimate User
is performing maintenance or repairs to its irrigation system, then the Ultimate
User may request that delivery of the Reclaimed Water be temporarily suspended
or limited in quantity until the necessary repairs can be made, which shall be
made in a reasonable period of time. If the Pond utilizes a float gauge system
connected to the pumps at the COAB Water System, then it will not be necessary
for the Country Club to request that delivery of the Reclaimed Water be limited or
reduced. However, the Country Club agrees to notify COAB if unusual
circumstances occur which would require the temporary suspension of delivery of
Reclaimed Water.
v. If for any reason during the term of this Agreement, federal, state,
or local governments or agencies fail to issue the necessary permits, grant the
necessary approvals, or otherwise require any changes in the operation of the
COAB Water System or the application and use of Reclaimed Water by an
Ultimate User, then to the extent that such requirements affect the ability of any
party to perform under the terms of this Agreement, the affected party shall be
excused from performance thereof until such permits, approvals or changes are
obtained. Notwithstanding the above, COAB agrees to deliver other suitable
water for grow -in and/or irrigation during this time period.
-16-
iv. With regard to individual lot owners within the residential portion
of the Property, COAB will charge a connection fee that includes the cost of a
meter for use of the Reclaimed Water which meter will measure the volume of
water utilized by that lot owner.
f. DELIVERY OF RECLAIMED WATER UNDER ADVERSE
CONDITIONS/FORCE MAJEURE,
i. The parties recognize that adverse weather conditions or Force
Majeure events may necessitate modification of the normal delivery schedule and
volume established by COAB. The parties recognize that these adverse weather
conditions or Force Majeure events may result in a need for Reclaimed Water
greater or less than the volumes set forth in section 5.e. above. In the event of
adverse weather conditions or other unforeseen circumstances, the Ultimate Users
shall have the right to refuse some or all of the Reclaimed Water as is reasonably
dictated by the adverse weather conditions or Force Majeure events.
Additionally, the Ultimate Users shall have the right to request a greater volume
of Reclaimed Water, subject to availability as determined by COAB. In the event
a greater volume of Reclaimed Water is supplied, it shall be delivered under such
pressure as the COAB Water System is capable of producing.
1 JAX\1763655 -tfl
ii. If COAB's transmission or delivery system fails for reasons era
Force Majeure events beyond COAB's control, or when COAB performs
then delivery of Reclaimed
Water under the requirements of this Agreement may be temporarily interrupted
or limited in quantity.
-15-
AGENDA ITEM # 8B
OCTOBER 14, 2013
JAX11763655,1213
AGENDA ITEM # 8B
OCTOBER 14, 2013
iii. The parties acknowledge that COAB will have to perform regular
and necessary maintenance and repairs to the COAB Water System which may
result in temporary interruptions in delivery of Reclaimed Water to the Country
Club. COAB agrees that any such temporary interruptions will be for a maximum
of five (5) days.
i+t iv.
If an Ultimate User's irrigation system fails, or if an Ultimate User
is performing maintenance or repairs to its irrigation system, then the Ultimate
User may request that delivery of the Reclaimed Water be temporarily suspended
or limited in quantity until the necessary repairs can be made, which shall be
made in a reasonable period of time. If the Pond utilizes a float gauge system
connected to the pumps at the COAB Water System, then it will not be necessary
for the Country Club to request that delivery of the Reclaimed Water be limited or
reduced. However, the Country Club agrees to notify COAB if unusual
circumstances occur which would require the temporary suspension of delivery of
Reclaimed Water.
%v v. If for any reason during the term of this Agreement, federal, state,
or local governments or agencies fail to issue the necessary permits, grant the
necessary approvals, or otherwise require any changes in the operation of the
COAB Water System or the application and use of Reclaimed Water by an
Ultimate User, then to the extent that such requirements affect the ability of any
party to perform under the terms of this Agreement, the affected party shall be
excused from performance thereof until such permits, approvals or changes are
-16-
AGENDA ITEM # 8F
OCTOBER 14, 2013
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
REPORT
AGENDA ITEM: Pay increase for the City Clerk
SUBMITTED BY: Mike Borno, Mayor
DATE: September 23, 2013
BACKGROUND: The City Clerk is "appointed" with the City Commission
establishing the salary each year.
In past years, pay raises for the City Clerk have been consistent
with those given to other non -union general employees.
Based on the approval of the Classification and Pay Study
recommendations, non -union general employees will be given a
2% (of midpoint) increase plus an additional $200 for each year in
current job up to $1,000 effective 10/1/2013.
The City Clerk position was not included in the Pay and
Classification Study presented to the Commission on July 22,
2013; therefore, no classification, grade or pay range was
determined or approved for the position.
BUDGET: Sufficient funds are included within the budget.
RECOMMENDATION: Approve a salary increase of 2% plus $1,000 for the City Clerk
retroactive to 10/1/13.
AGENDA ITEM # 9A
OCTOBER 14, 2013
STAFF REPORT
City of Atlantic Beach
Commission Meeting
Agenda Item: Tablets for Commissioners
Submitted by: Keith Randich, IT Director
Date: October 7, 2013
Strategic Plan Link: Goal 13; Go Paperless
Background
A project was approved for fiscal year 2013 -2014 to equip the Commissioners with a device that
would enable them to electronically review, annotate, and store copies of meeting agendas in
place of producing hard copies.
The City Clerk's Office prints agenda packets for Commissioners for at least 23 meetings per
year. Some agendas run almost 400 pages. The agendas can be electronically delivered to
each Commissioner in the same timeframe that they now receive their paper copy. They would
have to ability to make annotations on the agenda, and then store their own personal copy of the
document. Copies of the document would reside in a file share on the Internet that would be
accessible by the Commissioner and the City Clerk.
Proposal
• The City would acquire a tablet device for each Commissioner that wanted to use such a
device for managing and storing Agenda packets.
• The City would purchase and load the software necessary for the Commissioners to
annotate the Agenda packets.
• The City would configure the tablets to receive City emails.
• The Commissioners would be able to purchase additional software applications to load on
the devices at their expense.
• The City would set up a file share on the Internet for each of the Commissioners.
• The Clerk's office would place a PDF of the Agenda packet in each Commissioner's file
share the Wednesday before each meeting.
• The Commissioners would be able to "mark up ", or annotate the Agenda PDF before,
during, and after each meeting. Their personal copy of that Agenda packet would
remain in their file share folder.
• If a Commissioner had a problem with their tablet, they would turn it in to the IT department,
and be given a replacement tablet. The documents saved in their file share folder, as
well as any software loaded, would be resynchronized with the new tablet.
• Only the Commissioner and the Clerk would have access to their file share folder.
• The IT department will roll out the tablet devices by working with one or two volunteer
Commissioners in order to familiarize them and staff with the technology, and ensure
that the project is accomplishing all that was desired. When we are satisfied that the
process is working, devices would be distributed to the rest of the Commissioners. This
should take 4 to 6 weeks.
Budget - $7500
Reviewed by City Manager:
AGENDA ITEM # 9A
OCTOBER 14, 2013
List of Ongoing and Budgeted Projects September 30, 2013
Estimated Time
Responsible for Completion
Project Individual *1 Notes
A. Strategic Goals
1. Tipping Fees Hanson, Jensen
2. Golf Course
> Completion/ approval of
agreements with ABCC Hanson
> Construction of reuse
facilities Kaluzniak
> Adoption of reuse rates Hanson
Includes Strategic Goals not
already completed.
Project has already been ongoing
Considerable for almost three years.
Additional time above what
20 hrs. already done 20 hrs. est.
520 hrs.
20 hrs.
Depends on Commission's
4. Police Building Classey, Hanson Considerable Decisions
6. Marsh Master Plan
> Construct overlooks on
Dutton, W. 6th St and new Possibly deferred because grand
kayak launch Dutton Isle Carper funding not received for FY 14
> Construct 1st phase of ped
path at Tideviews Carper 20 hrs.
> Design, permitting and
ROW for entire ped path Carper Considerable
> Possible moving ahead of
ped path construction if grants
available? Carper Unknown
7. Mayport corridor/ Marsh
Oaks neighborhoods Griffin/ Hubsch 2040 hrs.
8. Parks planning (Master
Plan) Carper Considerable
9. New sidewalks (Sturtevant
St.) Carper Minor
11. Tree Ordinance
modifications Griffin Unknown Depends on changes made
12. Incentives for economic
development Griffin 240 hrs.
13. Go paperless (tablet
computers for commissioners) Randich 20 hrs.
14. Stormwater Master Plan
Projects
> Salt Air Swale
Reconstruction Carper Considerable
> Seminole Rd Reconst. Carper Considerable
15. Identifying Boundaries Carper 20 hrs.
16. Town Center Parking
17. Green Space Survey
Not Assigned
Not Assigned
AGENDA ITEM # 9A
OCTOBER 14, 2013
B. Other Projects
Health Insurance Renewal Hanson 10 hrs. HR Director position vacant
Rose Park Construction Carper 40 hrs. Construction In progress
Upgrades to Enterprise
Software Randich 1000 hrs.
Expansion of Kennel Classey 60 hrs.
East Coast Dr. Drainage and
Streetscape Improvements Carper 40 hrs
Bull Park Gazebo
Strategic Planning Hanson, Dept. Heads 100 hrs.
Hanson, VanLiere, Hour est. for Hanson/ Vanliere
Budget Preparation FY 15 Departments 1000 hrs. alone not counting Dept. heads
Seminole Rd. Streetscape Proj Carper significant
Fountain Addition; Mayport Carper 10 hrs.
Russell Tennis Court Reconst. Carper 10 hrs.
Veterans Park Projects Carper
Roberts St. Ditch Carper Unknown
Resurfacing City Streets Carper 20 hrs.
CDBG Project FY 14 Carper 40 hrs.
Water Line Replacements;
Wonderwood & Mayport
Landing Kaluzniak 100 hrs.
Rehab Elevated Storage Tank
WP #2 Kaluzniak 30 hrs.
Rehab Ground Storage Tank
WP #2 Kaluzniak 30 hrs.
Donner Subdivision Sewer
Rehab. Kaluzniak 40 hrs.
Saturuba Dr./ Sea Oats Sewer
Rehab. Kaluzniak 50 hrs.
Water Main Replacements;
Pine and Wonderwood Kaluzniak 50 hrs.
Replace Outfall Pipes Kaluzniak 100 hrs.
Water Supply Planning/ Utility
Group/ Rule Monitoring Kaluzniak 60 hrs.
*1 Hours estimated for top staff only; not for all staff involved.
Nothing scheduled now. Depends
on BVMP funding.
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Jacksonville Beach, Florida 32250
Mailing Address:
Post Office Box 50457
Jacksonville Beach, FL 32240 -0457
September 16, 2013
AGENDA ITEM # 10C
OCTOBER 14, 2013
Telephone: (904) 246 -2500
Facsimile: (904) 246 -9960 (call first)
E -Mail: Alan @AJensenLaw.com
VIA HAND DELIVERY
James R. Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: RCBS Corporation vs. The Estates of Atlantic Beach, LLC, et al
Dear Jim:
You will recall that when the City received the final Easement from EAB, we also received an
Indemnification and Hold Harmless Agreement whereby EAB agreed to indemnify and hold the
City harmless from any and all claims whatsoever.
After the final Easement was received and recorded in the official records of Duval County, RCBS
filed a lawsuit against EAB, the City of Jacksonville, and Atlantic Beach, challenging the validity of
EAB's title to the property over which it had granted the Easement to Atlantic Beach. That lawsuit
was resolved in the City's favor at the trial court level, and the trial court's decision was affirmed on
appeal by the appellate court, the First District Court of Appeal. The case is now concluded and the
City was on the prevailing side.
Pursuant to the indemnification agreement from EAB, it has paid to the City the sum of $26,755.00,
which reimburses the City for all costs and fees incurred in defending the action filed by RCBS,
including the $10,000.00 the City paid as a deductible on our insurance coverage. I enclose
herewith a check in that amount made payable to the City of Atlantic Beach which I received in my
office last Friday. Please note the memo section of the check references "...Indemnification
agreement/RCBS laws ".
Please distribute copies of this letter and the check to the Mayor and Commissioners for their
information, as well as to any other City personnel as you deem appropriate.
This case has reached final resolution and there should be no further action necessary on the City's
part.
AGENDA ITEM # 10C
OCTOBER 14, 2013
James R. Hanson, City Manager
September 16, 2013
Page 2
If you have any questions at all regarding the above, please don't hesitate to contact me.
Very truly yours,
Enclosure
ACJ /sky
Cc: Donna Bartle, City Clerk (via email; w /cc enc)
Nelson VanLiere, Finance Director (via email; w /cc enc)
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