Agenda Packet 02-09-04 I
CITY OF ATLANTIC BEACH
COMMISSION MEETING FEBRUARY 9, 2004
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of January 26, 2004
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's follow-up report
B. Discussion and related action regarding sidewalk on 5th Street at Sherry Drive
(Comm. Parsons)
C. Extend the annual contract with Tom's Asphalt Repairs, Inc. for asphalt repairs at
the current contract prices (Bid No. 0102-9)
D. Discussion and related action regarding establishing guidelines for contractors to
follow in managing construction sites (Comm. Simmons)
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 monthly reports: Building Department Activity Report,
New Occupational Licenses Report, and Public Works and Utility Departments
Project Status Report(City Manager)
B. Report regarding the status of the Police Union Contract(City Manager).
C. Report and recommendations regarding one-time pay adjustment for Police
Officers (City Manager)
D. Reject all bids received under Bid No. 0304-8 for Country Club Lane storm water
replacement and authorize staff to rebid the project (City Manager)
E. Extend the contract with L.D. Bradley Land Surveyors for professional land
surveying at the current contract prices (RFP No. 0102-11)
5. Committee Reports
6. Action on Resolutions
A. Resolution No. 04-02
V A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ESTABLISHING THE CITY COMMISSION INTENT TO PROVIDE FUTURE
EMPLOYEE PAY ADJUSTMENTS
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7. Action on Ordinances
A. Ordinance No. 5-04-43 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE
BENEFITS, DIVISION 1, GENERALLY, TO DELETE SECTION 2-226,
HOLIDAY SCHEDULE, PROVIDING FOR CODIFICATION, AND
PROVIDING FOR AN EFFECTIVE DATE
B. Ordinance No. 58-04-29 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 3,
GENERAL EMPLOYEE RETIREMENT SYSTEM AND DIVISION 4, POLICE
OFFICER RETIREMENT SYSTEM, TO PROVIDE A DEFERRED
RETIREMENT OPTION PROGRAM FOR PARTICIPANTS; CHANGE
PAYMENT OF PENSION BOARD EXPENSES; AND AMENDING CHAPTER
2, ADMINISTRATION, ARTICLE VI, DIVISION 4, POLICE OFFICER
RETIREMENT SYSTEM, TO PROVIDE ADJUSTMENTS FOR NORMAL
RETIREMENT BENEFITS; PROVIDING ADJUSTMENTS TO OPTIONAL
FORMS OF PENSION PAYMENT; PROVIDING FOR EARLY RETIREMENT
BENEFITS; PROVIDING ADJUSTMENTS FOR DEFERRED RETIREMENT
BENEFITS; PROVIDING FOR DEATH BENEFITS; PROVIDING FOR
CHANGE TO PAYMENT OF PENSION BOARD EXPENSES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE
8. Miscellaneous Business
A. Discussion and related action regarding inspection of rental properties (Comm.
Simmons/Comm. Waters)
B. Discussion and related action regarding possible amendment to the regulations
pertaining to animals on the beach(Comm. Beaver)
C. Authorize the Mayor to sign the Local Law Enforcement Block Grant Agreement
with the City of Jacksonville to receive $17,600 for the Crime Suppression Unit
(City Manager)
D. Authorize staff to apply for a Pet Smart Corporation grant to assist with the
animal adoption program, and authorize the Mayor to sign the grant application
and related documents(City Manager)
9. City Manager
A. City Manager's report
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
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.
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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,February 6,2004.
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MINUTES
REGULAR CITY COMMISSION MEETING
1 JANUARY 26, 2004
CITY HALL, 800 SEMINOLE ROAD
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Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tern Richard Beaver City Clerk Maureen King
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
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Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by Commissioner Parsons, was followed by the Pledge of Allegiance
to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of
January 12, 2004
Commissioner Waters stated that he would like the comments made by
Chief Thompson relative to accident prevention in Town Center included
under the last item on Page 10 of the minutes.
• Motion: Approve Minutes of the Regular Meeting of
January 12, 2004 as amended to include comments by Chief Thompson
under the last item on Page 10 of the minutes.
Moved by Simmons, seconded by Waters.
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
2. Courtesy of the Floor to Visitors
Bike Paths A. Presentation relative to Bike Paths
Utility Director Kaluzniak reported the city had budgeted $217,650 from
the half-cent sales tax for the bike path project. She indicated that the path
would be designed in-house and would run on the west side of Seminole
Road from Garden Lane to the end of Seminole, and on the north side of
Plaza from Parkside Road to Mayport Road. It was further reported that if
funds were available, an additive alternate to the project would be to
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January 26.2004 REGULAR COMMISSION MEETING Page 2
continue the path on the south side of West Plaza, from Mayport Road to
Orchid Street.
1 Commissioner Simmons inquired as to the width of the bike path. Utility
Director Kaluzniak stated it would be 5' in width.
Commissioner Beaver expressed concern for the future health of trees near
the bike path and said it would be better to cut the roots than pull them. He
then inquired as to who would oversee the project. Ms. Kaluzniak indicated
that GAI would oversee the project, and she would make his concerns
known at the pre-bid meeting.
Commissioner Waters stated thatast experience demonstrated that if the
P P
roots were disturbed on pine trees, they died within five years.
Commissioner Beaver agreed, and suggested it might be better to remove
any pine trees adjacent to the path and replant after completion of the
project.
J.P. Marchioli of 414 Sherry Drive felt t hat the bike p ath should b e 6'
wide. He also commented on the annoying noises on Sherry Drive caused
when cars drive on the reflective plastic street markers installed on the street
or across the decorative crosswalks. He also requested that speed humps be
installed on Sherry Drive, if the Commissioners approved their installation
for traffic calming in the 300 block of Plaza(Item 3B).
3. Unfinished Business from Previous Meeting
City Manager's A. City Manager's Follow-Up Report
Follow-Up Report
City Manager Hanson commented on each item of his written report, which
is attached and made part of this official record as Attachment A.
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5th Street and Sherry Drive Sidewalk
City Manager Hanson reported that the sidewalk project was delayed
because he was unable to obtain an appraisal of the property.
Mayor Meserve stated that he had met with the property owner several
times to discuss the purchase of a small piece of property and they could not
come to a conclusion concerning the transaction. He suggested that the city
forego the appraisal and reconfigure the corner to allow placement of the
sidewalk entirely on the city right-of-way.
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January 26,2004 REGULAR COMMISSION MEETING Page 3
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Selva Marina Medians
Commissioner Waters inquired if city water was available in the medians
and Utility Director Kaluzniak stated she was not sure if the water lines ran
the length of the medians.
Commissioner Parsons suggested informing the residents of the Selva
Marina area of the city's beautification matching grant program.
Commissioner Simmons suggested also informing residents of the watering
schedule for trees planted under the city's Adopt A Tree Program. She
noted that an oak tree planted by the JEA had died due to lack of water.
Mayor Meserve thought the median area could become a beautiful park-like
setting and suggested a meandering bike/pedestrian path be built in the
median to dissuade traffic from using it as a crossover. He felt this could be
discussed during strategic planning.
Traffic Calming for the B. Discussion and related action regarding traffic calming for the
300 block of Plaza 300 block of Plaza
Chief Thompson s ummarized h is P laza Traffic Calming R eport, w hich i s
attached and made part of this official record as Attachment B.
Commissioner Waters suggested narrowing the roadway and enlarging the
median park. He thought this would eliminate the need for speed bumps and
noise associated with them.
Commissioner Beaver stated that the decision to install speed bumps on
Plaza was made years ago. He reported that all but one of the citizens who
contacted him favored replacing the speed bumps, and he was in favor of
constructing speed humps.
Commissioner Simmons reported that everyone who contacted her opposed
speed bumps/humps. She felt that there were more serious speeding
problems on Ocean Boulevard, East Coast Drive and Sherry Drive and if
speed bumps were approved for Plaza, citizens living on the other streets
would also want them. She indicated that she favored no more than one
speed hump on each side of Plaza.
Commissioner Parsons stated that he received more calls opposing the
speed bumps than in favor of them. He concurred with the suggestion made
by Commissioner Waters.
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January 26,2004 REGULAR COMMISSION MEETING Page 4
Mayor Meserve pointed out that if the park was enlarged, it would eliminate
parking for the residents and he thought a public hearing should be held.
Discussion of the design and cost of a speed hump and extension of the
landscaping ensued. City Manager Hanson explained the speed hump
design and stated they could be designed in-house.
No action was taken. It was the consensus of the Commission that a design
for the speed hump and extension of landscaping, with estimated costs, be
brought back for review before a final decision is made.
Consent Agenda 4. Consent Agenda
Commissioner Parsons requested that Item C be removed from the Consent
Agenda for discussion.
A. Extend the contract with Robert Lawrence Construction for
concrete repairs (Bid No. 0102-10)(City Manager)
B. Extend the contract with Florida Pipe Tech, Inc. for stormwater
system jetting and cleaning (Bid No. 0102-8) (City Manager)
Motion: Approve Consent Agenda Items A and B as presented.
Moved by Parsons, seconded by Waters
Votes:
Aye: 5— Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Extend annual contract with Tom's Asphalt Repairs, Inc. for
asphalt repairs (Bid No. 0102-9)(City Manager)
Commissioner Parsons questioned whether the work of Tom's Asphalt was
satisfactory and wondered whether the work should be rebid. He felt the
�I repairs left too many bumps or sunken places in the streets. Utility Director
Kaluzniak explained problems relating to sub-bases and soil compaction.
Motion: Defer Consent Agenda Items C to the next meeting.
Moved by Parsons, seconded by Simmons.
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
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January 26,2004 REGULAR COMMISSION MEETING Page 5
Committee Reports 5. Committee Reports
Code Enforcement A. Code Enforcement
Board Report
Curtis Sanders, Chair of the Code Enforcement Board, presented a
comprehensive report on the duties and responsibilities of the Code
Enforcement Board. A copy of Mr. Sander's report is attached and
made part of this official record as Attachment C.
Statistical data relative to Florida cities that license and perform annual
inspections of rental properties was also presented. Mr. Sanders
recommended that the Commission consider licensing and requiring
regularly scheduled inspections of rental properties. He recommended
that the City Commission schedule a workshop to discuss this issue.
Commissioner Waters thanked Mr. Sanders for his report and inquired
as to how he envisioned implementation of the inspection program.
Mr. Sanders responded that the City of Gainesville used a lottery
system for inspections. He stated he would support appointing a
committee to look into regulation of rental properties.
Mayor Meserve stated that many owner occupied homes, for various
reasons, w ere in poor condition. He felt this type of inspection was
excessive. He stated that this request was not an agenda item, but the
Commission could bring it back for action, if they wished.
Resolutions 6. Action on Resolutions:
Resolution No. 04-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT VARIOUS MUNICIPAL
ISSUES DURING THE 2004 LEGISLATIVE SESSION
Motion: Adopt Resolution 04-03.
There was no discussion.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 — Beaver, Parsons, Simmons, Waters, Meserve
1r1 Nay: 0
MOTION CARRIED
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January 26,2004 REGULAR COMMISSION MEETING Paee 6
Ordinances 7. Action on Ordinances
1 None.
Miscellaneous Business 8. Miscellaneous Business
Amendments to City A. Approve amendments to the proposed City Hall expansion
Hall Expansion Project project as follows:
1 (1) Authorize the City Manager to execute an amendment to
the agreement with PQH Architects for the additional
services related to the expansion project in the amount of
$14,250.00
(2) Authorize a further amendment to the agreement with
PQH Architects to design Phase II interior remodeling
changes for$6,000.00
(3) Authorize amendment to the budget to add the additional
floor space needed to improve the new construction as
recommended for$10,860.00
Motion: Approve amendments 1-3 as recommended.
There was no discussion.
Moved by Simmons, seconded by Waters
Votes:
Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve
Nay: 0
MOTION CARRIED
GAI Consultants B. Approve an extension of the existing contract with GAI
Contract Extension for Consultants, Inc. for Construction Inspection Services for Public
Inspection Services Works in an amount not to exceed $68,000 (City Manager)
Motion: Approve extension of the existing contract with GAI
C Consultants, Inc. for Construction Inspection Services for Public
Works in an amount not to exceed $68,000.
Commissioner Parsons suggested that Sid Howell, who was the GAI
inspector for the Core City Project, to be the inspector for projects included
in this contract extension and City Manager Hanson agreed he would be a
good choice.
Moved by Parsons, seconded by Waters
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
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January 26,2004 REGULAR COMMISSION MEETING Page 7
■ Nay: 0
MOTION CARRIED
Final Change Order for C. Approve final change order (No. 13) in the Core City
Core City Project Improvement Project in the amount of$17,273.94 (City
Manager)
Motion: Approve final change order (No. 13) in the Core City
Improvement Project in the amount of$17,273.94.
There was no discussion.
Moved byParsons, seconded byWaters
Votes:
Aye: 5 —Beaver, Parsons, Simmons,Waters, Meserve
Nay: 0
MOTION CARRIED
Paradise Preserve Plat D. Approve Final Subdivision Plat for development of Paradise
Approval Preserve in accordance with PUD Ordinance No. 90-03-181
(City Manager)
Motion: Approve Final Subdivision Plat for development of Paradise
Preserve in accordance with PUD Ordinance No. 90-03-181.
There was no discussion.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 —Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
9. City Manager
City Manager's Report A. City Manager's Report
City Manager Hanson commented on the following items from his written
report:
❖ Reported that an emergency purchase order in the amount of
$15,000 was issued for replacement of electrical switchgear at
Wastewater Treatment Plant#1.
❖ Reported that the city's annual Campout Under the Stars would be
held on Saturday, February 28`h in Jack Russell Park.
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January 26,2004 REGULAR COMMISSION MEETING Pace 8
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❖ Reported that "Skate Into the Future," Oceanside Rotary Club's
fundraiser for the skateboard park, would be held on Saturday,
February 7th at Jack Russell Park.
❖ Reported that representatives of the three beach cities, the Corps of
Enineers and Council Member Art Graham had met on January
20` concerning b each r enourishment, and i t a ppeared t here would
be sufficient good sand from offshore sites for the 2005 project.
Concern was expressed that federal funding may not be available for
the project due to the size of the national deficit.
+ Reported that the work of the Town Center
P Parking Committee was
nearing completion and a joint meeting of the elected officials in
Neptune and Atlantic Beach would be scheduled in the near future
to present the report.
In addition to the written report, City Manager Hanson reported on the
following items:
❖ Reported that 539 citizens took advantage of the weekend
household hazardous waste collection at the City Hall parking
lot.
❖ Reported that a workshop meeting with the Commission and
the Community Development Board to discuss Comprehensive
Plan amendments was tentatively scheduled for 5:00 p.m. on
February 9th
❖ Reported that the Town Center project had been delayed due to
problems with relocating the historic palm trees. BellSouth has
notified the city that the trees cannot be removed due to their
location near a major telephone line conduit. Early Piety, the
city's arborist, recommended cutting the trees down, grinding
out the stumps and replacing them, but because of their
designation as historic trees, the Tree Board must approve their
destruction
Discussion ensued and it was the consensus of the Commission
that this matter should be considered an emergency and an
C amended agenda drafted for the meeting on the 28`h. City
Clerk King confirmed that there was adequate time to notice the
amended agenda.
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January 26,2004 REGULAR COMMISSION MEETING Page 9
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Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Waters
••• Supported the suggestion expressed by Major Jack Quinn in a recent
• letter that checks issued to assist individuals with payment of their
utility bills should be issued to the utility, not the individual.
❖ Reported that a letter requesting matching funding from the city
would be coming from citizens working on a beautification project
on 10th Street.
❖ Felt the city should move ahead with the entire City Hall expansion
and remodeling project.
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Commissioner Parsons
❖ Reported that the Public Art Fact Finding Committee was in the
process of incorporating as a 501(c)(3) corporation and was
planning to hold a social event in April. A logo for the
committee is being designed.
Commissioner Beaver
❖ Requested that staff check to see if the recently modified signs
located at the Advanced Auto Parts on Atlantic Boulevard and
the Save-A-Ton station on Mayport Road complied with the
new sign ordinance.
❖ Commented that the police cars being parked at various
locations in the city provided an effective means for speed
reduction.
••• Commented that he had listened to the tapes of the
+ Comprehensive Plan Workshop Meeting he missed, and
wondered if the zoning in the Old Atlantic Beach area could be
changed to preserve its character.
❖ Indicated that he had received inquiries concerning designating
hours to allow dogs to run on the beach without leashes and
requested that this be included on the next agenda for
discussion.
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January 26.2004 REGULAR COMMISSION MEETING Page 10
Commissioner Simmons
❖ Requested that action be taken to change the area known as the
"Core City" to "Old Atlantic Beach."
❖ Inquired if sidewalks constructed from asphalt would be more
durable and less expensive than those constructed with
concrete.
❖ Stated that she was aware of some problems with rental
properties in her area and requested further discussion on this
issue by the City Commission.
Mayor Meserve
❖ Indicated he did not support inspections of rental properties.
❖ As the beaches representative to the Superbowl Committee, the
Mayor stated it was uncertain if an air show would be held in
conjunction with the 2005 Superbowl. He also noted that as of
this time, there were no "sanctioned events" and no funding
would be provided for such events when sanctioned.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:07 p.m.
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John Meserve, Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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AGENDA ITEM#3A
FEBRUARY 9,2004
1 February 2, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
y ana
SUBJECT: Follow- Report
Extension of Town Center Streetscape on Ocean Avenue; When this was last reported to the
City Commission in January, the City's contractor on the Town Center Extension Project had
recommended that some of the old palms trees along Ocean Avenue be cut down and the stumps
ground out rather than having them replanted to avoid breaking a major Bellsouth cable that was
located very close to the base of the trees. The Commission asked that the agenda for the next
Tree Board meeting be amended so that this item could be reconsidered on an emergency basis
so that it would not delay the construction project.
The Tree Board agenda was amended, but the subject was pulled from the agenda before the
meeting. City staff and the contractor concluded that the proposed grinding of the palm stumps
would not be practical in the long run because some of the roadway would extend over the area
where the stumps would be removed. Grinding could not be expected to remove all of the stump
material and the base under the roadway would probably cause for low spots in the roadway
surface in several years.
Two remaining options are being considered at this time. The first and most preferable would be
to dig the trees out by hand with a Bellsouth representative present so that they could be totally
removed (and relocated) by the contractor. The other alternative would be to require Bellsouth
to move their line prior to removing the trees. Given Bellsouth's track record on relocation of
lines, this would probably mean that the project would be delayed for many months, possibly
even years. In that case,the City's contract with the current company would probably be ended
and the job rebid at a later date when it is ready to move forward. The City Commission will be
advised as to future development in this project.
Adopt A Tree Program; A question was raised as to whether or not the city provides watering
and other care instructions to residents who request trees under the city's"Adopt A Tree"
Program. The instructions are included in the application form, a copy of which is attached.
Replacement of Commercial Signs; A question was raised at the last commission meeting
about the replacement of sign faces at the "Save-A-Ton" sign on Mayport Road and for the
Advance Auto Parts Store on Atlantic Boulevard. The specific question was rather or not the
signs should have been replaced with newer ones that met current city sign guidelines. The
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AGENDA ITEM#3A
FEBRUARY 9,2004
Advance Auto Parts sign compiles with the city's rules that were in effect at the time. A permit
for the replacement sign face insert was approved on 11/25/02. The current sign regulations
requiring the 25% replacement provision was adopted in July 2003. The second sign
replacement for Advance Auto Parts was not permitted by Atlantic Beach. Staff is contacting the
owner about the requirement to replace the sign.
Proposed Sidewalk Along Medians in Selva Marina Drive; A question was asked about the
cost to install a sidewalk or Pedpath through the medians along Selva Marina Drive. City staff
has prepared a ruff estimate for both 5' and 6' paths through the 15 medians that extend from
20th St. south to Seminole Rd. Because there are numerous trees in many of these, the final cost
may be increased. The estimated cost for a 5' path is $75,570 and $90,684 for a 6' path.
Normally a pedestrian path would be wider than 6' but the volume of users is expected to be low
and the obstacles to a wider path many.
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EFeb 02 04 04:09p Parks and Recreation (904) 247-5849 AGENDA ITEM#3A
FEBRUARY 9,2004
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i��\ff DEPARTMENT OF PARKS AND RECREATION
716 OCEAN BOULEVARD
f J401* �l ATLANTIC BEACH,FLORIDA 32233-5455
\J ' 1 TELEPHONE:(904)247-5828
. FAX:(904)247-5849
:-' .) SUNCOM:852-5828
7.-.. 7 -r http://ci.atlantic-bcach.fl.us
IDear Atlantic Beach Resident: -
To increase the beauty and tree canopy in Atlantic Beach,the City has designated several .
E . .areas in which 4u plant trees. The _ . tree(s).will be planted on the
right of way and we are asking the homeowners and renters to assist with maintaining the:
tree(s). If you would like to assist the City in this effort, please complete the form below
C . and return it no later than For additional information,please call
(904) 247-5828.
• City of Atlantic Beach Tree Maintenance .
•l
Agreement
t t
t _ Date: • — .
1 -- agree to
• Name of Citizen
I • ••.
take responsibility of the newly planted tree at
•Address Telephone Number -
on the public right of,way adjoining my property. I will be willing.to:maintain .
tree(s)based on the'following list of requirements.
• Watering-Fill the ring at the base of the tree(s)completely 2,ti.rr esa_w,erk
I • Fix water ring if damaged
O Keep Mulched
• Keep trimmed ..
• N• Fertilize once yearly with one cup of 6-6-6, 8-8-8,or 10-10-10 tree fertilizer,
found at your local hardware store
Signature of Owner Signature of Renter . • • -
Thank you,
Alex Hawkins -
rBeautification Division Chief
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AGENDA ITEM#3C
FEBRUARY 9,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Renewal of Annual Asphalt Repair Contract
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1111
SUBMITTED BY: Donna Kaluzniak, Utility Directo
DATE: January 30, 2004
BACKGROUND: This item was deferred during the January 26, 2004 Commission meeting
because there was concern over some poor pavement repairs in the City. There are numerous
pavement repairs throughout the City, and even the best pavement repairs are not going to be
unnoticeable, but some of the roadway repairs have settled, resulting in an uneven roadway
surface. These problems result from several difficulties:
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o Many repairs are the result of road cuts performed by utilities, including BellSouth,
Comcast, JEA and others. These utilities generally have their own contractor to make
repairs.
o Other roadway cuts are done by City staff when repairing underground infrastructure. In
most cases, the compaction and preparation for asphalt is performed by City crews.
Compacting the sandy soil is often difficult, especially in narrow road cuts.
o Hard tamping over water and sewer services can not be done as the services are smaller
lilt and break more easily than main lines.
Typically, City staff performs the sawcutting, compaction and preparation for the paving repairs
on road cuts resulting from City infrastructure repairs. The asphalt contractor merely lays the
asphalt over the cut and performs a final rolling.
Tom's Asphalt has had a contract for Asphalt Repairs for several years, and this company has
done an excellent job. They respond quickly, are very dependable, and stand behind their work.
The few problems City staff has found were corrected immediately.
The following steps will be taken help improve the outcome of roadway repairs:
o Staff will purchase a portable soil density meter to test compaction prior to paving repairs
and check compaction on other utilities' repairs.
o Purchase two smaller"jumping jack" soil compactors. (Staff already have larger
compactors that require two men to lift the units, and the units cannot turn easily in a
trench).
o Require outside utility companies to provide the City with density testing reports on
roadway repairs.
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AGENDA ITEM#3C
FEBRUARY 9,2004
BUDGET: Asphalt repairs are budgeted in the Water, Stormwater and Streets Funds under
account numbers 001-5002-541-3400, 470-0000-538-3400, and 400-5504-533-3400 in the
amount of$14,000. The new equipment will cost approximately$8,000. Funds are available in
the above accounts under supplies.
RECOMMENDATION: Extend the contract for Asphalt Repair with Tom's Asphalt Repairs,
Inc. for another year at the current prices.
ATTACHMENTS: 1. Letter signed by Nancy Miller, President of Tom's Asphalt Repairs,
Inc. agreeing to the extension.
REVIEWED BY CITY MANAGER:
11
L
2
AGENDA ITEM#3C
i FEBRUARY 9,2004
y rrL�J,� DEPARTMENT OF PUBLIC WORKS
"�
� : -Irk 1200 SANDPIPER LANE
� cr ATLANTIC BEACH,FLORIDA 32233-4318
� �,ys TELEPHONE (904)247-5834
1-4," .
-` FAX: (904)247-5843
SUNCOM:852-5834
http://ci.atlantic-beach.fi us
C
January 5, 2004
Nancy Miller
President
Tom's Asphalt Repairs, Inc.
7135 Beach Blvd.
Jacksonville Florida 32216
Dear Mrs. Miller:
As you are aware, the contract with the City of Atlantic Beach for asphalt repairs expires on
February 28, 2004. We would like to extend the contract for another year at the current prices, if
this is acceptable to your company. If acceptable, please sign below and return to me before
January 27, 2004, so I can prepare a staff report for the City Commission to accept the extension.
We look forward to recommending that we continue our contract with your company.
Phil Nodine
Streets and Maintenance
Division Director
TOM'S ASPHALT REPAIRS,NC. AGREES TO EXTEND THE CONTRACT FOR ONE
YEAR FOR THE SAME PE STARTING MARCH 1, 2004.
�n�t( /(0Y
Nancynller,- President Date
AGENDA ITEM#3D
FEBRUARY 9,2004
STAFF REPORT
City of Atlantic Beach
LCommission Meeting
AGENDA ITEM: Amendment to Chapter 6 Buildings and Building Regulations
DATE: February 2, 2004
BACKROUND: The Building and Code Enforcement offices have received several
complaints pertaining to the control of trash, dumpster locations, portable toilet
locations, and parking on construction sites.
In responce to these complaints we have developed a draft ordinance to better
control these areas and give the contractor a set of guidelines to follow in managing
the construction sites. We have reviewed other cities ordinances to create a
y ordinance for Atlantic Beach. The city we found with the most comprehensive
ordinance was Naples, Fl. Additional information came from Boca Raton, Anna
Maria, Jupiter Inlet, Margate and Key West.
Prior to being issued a permit, contractors will be required to submit a site
management plan. This plan will include parking for construction traffic, fencing,
portable toilets, portable buildings, traffic control on adjacent streets, hours of
it operation, material storage, signage, etc.
ow
BUDGET: N/A These inspections can be completed during regular scheduled
inspections
11111 RECOMMENDATION: Consider proposed ordinance and schedule for first
lr reading.
ATTACHMENTS: Proposed ordinance
{ REVIEWED BY CITY MANAGER: 11/
rr
AGENDA ITEM#3D
FEBRUARY 9,2004
Sec. 6-18. Construction site management.
(a) No building permit shall be issued unless a construction site management
plan has been submitted and approved by the building official. Persons
who intend to make any of the following improvements: lot clearing,
grading, stockpiling of soil, demolition, building construction or
reconstruction, building alteration or addition shall designate either a
licensed contractor or owner-builder for the purposes of the construction
site management requirements. These requirements set minimum
standards for the operation of the project site to eliminate or minimize
impacts to the site and to the neighborhood to include containment of
sediment, surface water discharge, erosion of soil, vehicle parking and
loading area, traffic control, fencing, placement of materials, safety,
neatness and cleanliness.
(b) Contractor shall submit a construction site management plan with a
building permit application which includes the following submittal
requirements unless waived by the building official:
(1) Location of proposed demolition.
(2) Grading and drainage surface water management plan for street
and project site, Chapter 24, Article III, Division 3, Section 24-67
including:
a. Drainage plan during construction in compliance with
subsection (d).
b. Final grading and drainage plan upon completion of
construction for street and project site in compliance with
Section 94-75 and subsection (d)4, and 5.
(3) Parking plan, including:
a. Location of onsite and abutting street parking area.
b. Offsite parking plan in compliance with subsection (e)(4)
and the following:
1. A single access with dimensions;
2. Buffering for adjacent waterways and streets, as
approved by the building official;
3. A temporary fence location, height and type of fence
with screening;
' AGENDA ITEM#3D
FEBRUARY 9,2004
(4) Fencing plan, showing location, height and type of fence with
screening or evidence that proposed construction does not warrant
a construction fence in compliance with subsection (g) (6) as
determined by the building official.
(5) Location of construction trailer(s), loading/unloading area and
material storage area.
(6) Location of chemical toilet(s).
1 (7) Location of dumpster.
(8) Traffic control plan, showing access with dimensions, area to be
' stabilized, narrative on phasing of construction with provision of
adequate parking and delivery of materials.
1 (9) Other activities, where special conditions are identified by the
building official.
(c) Approval/waivers. The building official shall review, approve or deny the
construction site management plan. The building official is hereby
authorized to grant waivers from submittal requirements and
corresponding standards:
(1) If the requirement is unrelated to proposed development, or
(2) If the impact of the proposed development is negligible in the that
submittal requirement area.
(d) Parking during development of project.
(1) Parking on-site. Contractor shall provide for parking on the project
site and abutting right-of-way to the greatest degree possible.
Alternative parking sites may include adjacent vacant lot or offsite
parking lots in the immediate area as approved in the construction
site management plan.
(2) Access. Use of the public right-of-way for access to and from the
project site as shown on the construction site management plan
shall be strictly managed by the contractor. Contractor shall
maintain the public street adjacent to the project site free of dirt,
sand or any other debris resulting from construction activities. The
public right-of-way adjacent to the project site shall be broom swept
on a regular basis keeping it free of dirt, sand and other debris.
I
I
AGENDA ITEM#3D
FEBRUARY 9,2004
Failure to remove said material on the day of occurrence is a
violation.
(3) Temporary graveled or stabilized area for construction access and
parking. Contractor shall provide a graveled or stabilized area as
shown in the construction site management plan. The stabilized
area shall be located at points where vehicles enter and exit the
construction site and the parking location. When a right-of-way
area is used for parking, the contractor shall provide a graveled or
stabilized area on the right-of-way. Upon completion of the project,
the contractor shall restore the right-of way to its original condition
or better. The purpose of the graveled or stabilized area at the
entrance to the project site is to eliminate and reduce tracking or
flow of sand, mud, concrete wash or other related material onto the
right-of-way.
(4) Offisite parking. If the construction site management plan
illustrates proposed parking in the right-of-way, the application shall
be accompanied by a city right-of-way permit. The building official
may temporarily permit offsite parking on vacant lots other than the
project site with the written permission of the owner of the lot where
the vehicles are to be parked and in compliance with the following
standards:
a. Compliance with the construction site management plan.
b. The lot shall be used for parking only.
c. There shall be no storage of materials, trailers or
construction equipment.
d. There shall be no loading and unloading of materials or
machinery.
e. Parking within the right-of-way abutting the off-site parking
lot may be approved by the building official. Sufficient
ingress and egress to the vacant lot must be maintained.
f. A temporary six-foot fence with fabric or screen or other
materials as approved by the building official shall be
located at the front, side, and rear lot line of the temporary
parking area except where a lot line is located on the
water. Where a lot line is along the water, the fence shall
be placed no closer to the water than the yard setback line
and shall not exceed three feet in height. The fence gate
shall remain locked during non-working hours. The fencing
AGENDA ITEM#3D
FEBRUARY 9,2004
shall remain on-site until the off-site parking is no longer
needed to complete the project site and shall be removed
prior to issuance of a certificate of occupancy for the
project site.
g. The offsite parking shall occur no earlier than 7:00 a.m.
and no later than 6:30 p.m.. Loitering is prohibited.
h. The offsite parking lot shall be restored to its original
condition prior to issuance of a certificate of occupancy for
the project site and shall include proper grading,
replacement of trees, planting of grass and other
landscape material as approved by the property owner.
(e) Material storage. Material associated with the project site including
equipment shall be neatly stored on the site (within the fenced area when
applicable). The storage of material shall not obstruct access to the
structure under construction or create a public safety hazard. All loading
or unloading of materials and/or equipment is limited to the construction
site and adjacent right-of-way.
(f) Construction fencing. A project site that meets the following standards is
required to install a construction fence which means a temporary six-foot
chain link fence with fabric, or other screening material.
(1) Clearing, grading or demolition. A construction fence is required
where clearing, grading, stockpiling of soil or demolition is proposed
as follows:
a. A lot located in the residential or commercial zoning
districts shall install a fence on the front, side, and rear lot
lines prior to commencement of clearing, grading or
demolition. Fencing may be removed upon final electrical
inspection.
b. All other lots shall install a fence on the side and rear lot
lines. Fencing may be removed upon final electrical
inspection.
(2) Major remodeling shall mean an increase in the building volume of
10,000 cubic feet or more; or an increase in the building footprint of
1,000 square feet or more; or new construction with a building
footprint of 1,000 square feet or more. A construction fence is
required for major remodeling as follows:
a. A lot located in the residential or commercial zoning
districts shall install a fence on the front, side and rear lot
AGENDA ITEM #3D
FEBRUARY 9,2004
lines. Fencing may be removed upon final electrical
inspection;
b. All other lots shall install a fence on the side and rear lot
lines. Fencing may be removed upon final electrical
inspection;
(3) Major alteration shall mean where 50 percent or more of the gross
square footage of an existing structure is proposed for
reconstruction, rehabilitation, removal of wall(s), alteration or other
improvement excluding replacement of the roof: A construction
fence is required for major alteration as follows:
a. A lot located in the residential or commercial zoning
districts shall install a fence on the front, side and rear lot
lines. Fencing may be removed upon final electrical
inspection.
b. All other lots shall install a fence on the side and rear lot
lines. Fencing may be removed upon final electrical
inspection.
(4) Exception from six-foot height requirement.
a. Where a construction fence is required and the property
line is located on the water in any zoning district, that
portion of the construction fence along the water shall be
located no closer than the yard setback line at a height no
higher than three feet.
b. In a zoning on a waterfront facing the rear yard lot, the side
lot line fence shall be lowered to three feet for that portion
which is the greater of:
1. 30 feet from the mean highwater line; or
2. 30 feet from the platted waterfront building line
(5) Alternative to fence. An existing hedge or visual barrier of at least
six feet in height along any lot line may be considered an equivalent
of the construction fence. The contractor shall make this request in
writing to the building official.
(6) Exception to installation of construction fence. Where a
construction fence would be required for a residential lot pursuant
to subsection (1)b., (2)b, or (3)b. and contractor obtains a
AGENDA ITEM#3D
FEBRUARY 9,2004
construction fence waiver from the adjacent property owner or
tenant that abuts the project site, the building official may waive the
requirement for all or a portion of the construction fence.
(7) Installation. Installation of a construction fence shall occur prior to
any construction activity or material deliveries. The fence shall not
be placed so as to create a public safety hazard. Where the project
site is enclosed by a fence, the fence gate shall be locked during
non-working hours.
(g) Signs. A 12" X 18" sign shall be posted by the contractor on the project
site in the location approved on the construction site management plan
which is readable from the street. The sign shall contain the street
address of the property, phone number for the City of Atlantic Beach and
the name and phone number of the general contractor. The sign is
exempt from Chapter 17. This sign shall be maintained in a readable
condition until completion of construction.
(h) Site cleanliness. Contractor shall have the entire construction site cleaned
by Friday of each week. Cleaning for purposes of this section means,
without limitation, removal and placement into a dumpster of scrap lumber,
concrete remnants and roof tile from the project site. The project site shall
be free of all loose debris such as cans, metal, plastic and paper.
(i) Temporary trailer. When a temporary trailer is proposed and a
construction fence is required, it shall be located on the project site within
the fence at the location shown on the construction site management plan.
(j) Chemical toilets. Chemical toilets shall be located inside the project fence
and accessible for servicing. Where a fence is not required, the contractor
shall locate the chemical toilet facing towards the rear of the project site
and no further than 15 feet from the structure under construction except
where another location has been authorized by the building official due to
the size of the lot and ease of access to the chemical toilet.
(k) Landscaping. Damage to any landscaping on an abutting or adjacent
property as a result of the construction shall be replaced and restored at
the contractors expense to its original condition. Failure to replace and
repair is a violation.
(I) Dumpster. Construction site dumpster shall be located inside the fence.
Where a fence is not required, it shall be located on the project site. The
dumpster shall be emptied in a timely fashion so there is no overflow of
debris or litter. All dumpsters will have tarp covers or rigid covers during
windy days. Prior to a certificate of occupancy being issued, the dumpster
shall be removed from the site.
AGENDA ITEM#3D
FEBRUARY 9,2004
(m) Limitation of certain construction activities. Pile driving and steel erection
activity shall be limited to Monday through Friday, excluding federal
holidays, during the hours between 7:00 a.m. in the morning until 4:00
p.m. in the evening. Demolition activity shall be limited to Monday through
Friday, excluding federal holidays, during scheduled work hours between
7:00 a.m. in the morning and 6:30 p.m. in the evening.
(n) Construction related traffic control. A contractor, owner, vehicle operator
or any persons associated with the project site who impedes or obstructs
the public right-of-way shall be in violation of this Code. Parking, loading,
unloading or any related activity on the public right-of-way is prohibited
unless consistent with section.
(o) Weather emergency. It is the responsibility of the contractor to remove
construction materials from the project site or secure construction
materials at the project site commencing with issuance of a tropical storm
or hurricane warning announcement until the time set forth in Subsection
(4).
(1) Declaration. When the National Weather Service, National
Hurricane Center or appropriate weather agency declare a tropical
storm warning or a hurricane warning for any portion of Duval
County, Florida, all construction materials, including roof tiles, on all
project sites within the city shall be secured and stored onsite in a
safe manner or removed so that no material can become a safety
hazard with hurricane or tropical storm force winds.
(2) Notice. Media broadcasts or notices issued by the National
Weather Service or National Hurricane Center of a tropical storm
warning or a hurricane warning is hereby deemed notice to the
contractor. The contractor is responsible for the project site by
securing onsite or removing from the site any construction materials
or debris to protect against the effect of hurricane or tropical storm
force winds. By holding a building permit during hurricane season,
contractor shall monitor the National Weather Service and the
National Hurricane Center for weather emergencies.
(3) Materials. Materials stockpiled on top of any structure under
construction shall be handled as follows:
a. Band construction materials together and fasten them to
the top of the structure in such a manner to prevent the
material from becoming airborne during a tropical storm or
hurricane; or
b. Remove construction materials from the top of the
structure and secure them to the ground; or
AGENDA ITEM#3D
FEBRUARY 9,2004
c. Remove construction materials from the project site; or
d. Store construction materials inside a structure if said
structure is secure from tropical or hurricane force wind
loads.
(4) Construction materials, debris or any material capable of becoming
airborne shall remain secured and stored on the project site or shall
be removed from the project site until the National Weather Service
or National Hurricane Center has removed all portions of Collier
County from those areas included in a tropical storm warning or
hurricane warning.
(p) Nuisance. A nuisance maintained on a project site is a violation of
this Code.
I
AGENDA ITEM#4A
FEBRUARY 9,2004
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AGENDA ITEM#4B
FEBRUARY 9,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Update on Police Union contract for the period October 1, 2003
through September 30, 2006
SUBMITTED BY: George Foster, Human Resource Manager
DATE: February 3, 2004
BACKGROUND: On November 3, 2003, the City Commission met and made decisions
on impasse items as recommended by City Staff pertaining to Police
Union contract negotiations. (See attached)
On January 14, 2004, the Police Union members met and did not
ratify the Police Union contract. Failure of the Police Union
employees to ratify the contact has the following affect:
- Per FS 447.403, the decisions made byCity the Commission
during the impasse hearing shall be in effect "for the remainder of
the fiscal year which was the subject of negotiations," i.e., until
October 1, 2004.
- Employees have received all pay and benefits as decided by the
City Commission during the impasse hearing.
is - The City, and union, will be required to again negotiate all articles
during 2004, including all impasse items previously decided by the
City Commission. Agreements during these negotiations will be
implemented and will affect Police union employees accordingly.
f Note: In the event a new contract cannot be negotiated prior to
October 1, 2004, the "status quo" impasse items will be continued
until a new contract can be negotiated or an impasse is determined
and a decision by the City Commission made.
BUDGET: Funds for contract items were included within the October 1, 2003
budget.
RECOMMENDATION: None, this staff report is for City Commission information only.
ATTACHMENTS: Summary of impasse items.
CITY MANAGER:
AGENDA ITEM#4B
FEBRUARY 9,2004
Police Union Impasse Items
1
Ii. Art 12 - Holidays. Approved changing of the employee's birthday from a holiday to
Personal leave. Increase Personal Leave by+22.9 hours for Police Officers with
from 1 to 3 years of service and by+8 hours for Police Officers with more than 3
years of service.
2. Art 17 - Overtime. Approved changing overtime from daily to 80 hour two week
pay period. Paid holidays taken, compensatory time taken, personal leave taken,
and other approved paid leave taken, except donated leave, shall be included as
"hours worked" for the purpose of overtime payment.
1 3. Art 23 - Uniforms. Deleted detailed listing of mandatory uniform items and allows
City flexibility to provide uniform items as determined by City.
4. Art 26 - Wages. Approved an average wage increase of+6.5% for current Police
Officers and a+3% wage increase for Police Officers with less than 6 months
service and increased starting pay for newly hired Police Officers by 3%.
4. Art 26 - Wages. Required that a Police Officer receive at least a "Meets
Requirements" overall performance evaluation in order to receive a pay increase.
5. Art 26 - Wages. Included Police Officers within the City's bonus program allowing
them to receive, in addition to any pay increase, a+4% of pay one-time lump sum
performance bonus.
6. Art 26 - Wages. Disapproved a union proposal for increasing Out of Position Pay
from +5% to +15%.
7. Art 29 - Promotional Process. Approved deletion of current promotional process to
provide City with greater flexibility for promotions to Sergeant.
8. Art 29 - Promotional Process. Disapproved a union proposal for a+15% pay
increase upon promotion to Sergeant and retained City's current+12% pay increase
policy.
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AGENDA ITEM#4C
FEBRUARY 9,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: One-Time Pay Adjustment for Police Officers
SUBMITTED BY: George Foster, Human Resource Manager
DATE: February 3, 2004
BACKGROUND: On January 12, 2004, the City Commission discussed, and approved,
various pay adjustments for Police Officers as proposed by the Chief
of Police David Thompson. During these discussions, information
was requested as to what the cost would be to provide a "one-time"
pay increase to Police Officers to bring them in line with the
Jacksonville Sheriffs Office's (JSO) pay scales.
It is estimated that to increase the pay of our sworn Police Officers,
excluding the Director/Chief and Deputy Director/Deputy Chief, to
that of JSO Officers, using the October 2002 JSO pay, would cost
approximately$232,524 annually. This estimated cost would
increase by the amount of the JSO October 2003 pay increase, which
is still being negotiated.
To provide all current employees, including Police Officers, with a
one time pay adjustment to bring them up to the appropriate pay
utilizing Atlantic Beach's current pay plan would cost the City
approximately$236,657 annually. However, this action would result
in Police Officers receiving less than the use of the JSO pay plan.
If we adjust the pay for Police Officers, there are two additional issues
that should be considered: pay compression and internal pay equity.
If we raise the pay for other sworn Police Officers to JSO levels, we
have pay compression between their pay and the pay of the Deputy
L Director of Public Safety, who is also a sworn Police Officer in that
his current pay differential would be reduced to .001% or$75
annually; therefore, we should raise his pay accordingly. However, if
we raise his pay, then we will have pay compression between the
Deputy Director of Public Safety and the Director of Public Safety
and should raise the pay of the Public Safety Director accordingly.
If we raise the pay for these "management" officials, we create an
internal equity pay issue in that their pay will be higher than other
management officials within the City. However, if we do not raise
their pay, then we have pay compression and one of these employees
receiving only$75 per year more than those that he supervises and,
within a few years, receiving less than those that he supervises.
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AGENDA ITEM#4C
FEBRUARY 9,2004
Employee pay adjustments were previously reviewed prior to
implementation of the October 2001 Classification & Pay Plan and
not implemented due to two major factors: 1) overall cost and 2)
cost/benefit analysis.
In the implementation of the October 2001 Classification and Pay
Plan, employees were provided with additional pay for up to seven
years of City service. No credit was provided to employees with prior
"non-city" experience or for City service over seven years. The
consultants advised that to provide credit for additional years of
service would be very costly and would not be cost effective from
cost versus an increased retention basis.
As pay is only one of many factors that affect the City's ability to
recruit and retain employees, City Staff has annually reviewed the
total compensation and benefits of our employees in order to improve
recruitment and retention. Some recent changes have been:
Classification &Pay plan implemented on October 1, 2001; change of
employee birthday holiday to Personal Leave; allowing employees to
change their Personal Leave maximum accrual limit and a substantial
pay increase effective October 1, 2003. For Police Officers the City
has also recently expanded the take home vehicle program and
proposed providing additional pay to Police Officers for various
additional duties.
It is believed that these changes, along with annual reviews and
modifications, will prevent the City from again getting into a pay
compression or serious pay deficient position and are long term, not
short term immediate fixes for recruitment and retention issues.
Comparison of pay from one City to another City is also potentially
misleading in that pay is only one item of an employee's overall
compensation package. For example, Atlantic Beach Police Officers
contribute 1% of their salary to the pension plan; whereas, JSO
Officers contribute 7%. Although the pension benefits are similar,
JSO officers are not covered under Social Security and JSO retirees
have a COLA provision. This is just one of the complex items that
affects the "net" pay for our Police Officers. Although "net pay",
along with other benefits, is not normally considered by the employee
when they compare their pay, these variables must be considered
when the City is determining how to obtain the most cost effective
benefit for the limited funds available to the City.
Although pay is a high retention determinant, it is not one of the
highest reasons affecting recruitment and retention.
Utilizing the combined results of several studies provided some
consistent patterns. Data from a Society for Human Resource
' AGENDA ITEM#4C
FEBRUARY 9,2004
Management Retention Practice Survey indicated that the top three
' reasons that employees leave are:
#1 - Career Opportunities Elsewhere (78% listed this as one of the
' reasons for leaving);
#2 - Better Compensation and Benefits Package (65% listed as this
one of the reasons for leaving); and
#3 - Poor Management (21% listed this as one of the reasons for
leaving).
Retention of Police Officers is not the only retention issue within the
City. The attached listing of employees by year-of-hire indicates that
retention of employees throughout the City is similar. Another hard
to fill job has been that of Waste Water Operator where the City is
1 competing against JEA for a limited resource. Other hard to fill jobs
have been: Emergency Communication Operator, Animal Control
Officer, Painter, and Meter Reader.
■I Some workforce comparisons are:
Total City workforce with more than 7 years of service=40.5%
Sworn Police Officer with more than 7 years of service = 44.0%
Total City workforce with more than 10 years of service = 37.0%
Sworn Police Officer with more than 10 years of service =44.0%
BUDGET: Funds for any pay adjustment would need to be identified and
included within the City budget.
RECOMMENDATION: A one-time pay adjustment is not recommended.
Any pay adjustments should be provided to all employees.
CITY MANAGER:
AGENDA ITEM#4D
FEBRUARY 9,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Country Club Lane Stormwater Replacement Project
SUBMITTED BY: Donna Kaluzniak
Acting Public Works Director
DATE: January 29, 2004
BACKGROUND: The bid opening for the Country Club Lane Stormwater
Replacement Project we held on January 28, 2004.
Although five firms were prequalified to bid on this project,
only two submitted bids, as follows:
ADB Contracting, Inc. $ 84,133.50
Slaughter Construction $121,704.00
BUDGET: $75,000 is budgeted in the stormwater account,
#470-0000-538-6300.
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RECOMMENDATION: Since both bids submitted are over budget, we recommend
rebidding this project, allowing the five prequalified firms
to bid, and also inviting any additional bidders to
prequalify.
ATTACHMENT: Bid Tabulation
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REVIED BY CITY MANAGER:
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AGENDA ITEM#4D
FEBRUARY 9,2004
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AGENDA ITEM#4E
FEBRUARY 9,2004
ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Annual Professional Land Surveying
SUBMITTED BY: Donna Kaluziak, Public Utilities Direc
DATE: January 21, 2004
BACKGROUND: On October 28, 2002, we began an annual contract for
Professional Land Surveyor Services with L.D. Bradley
Land Surveyors, in order that the City could receive
accurate and timely surveying for properties, utilities,
easements, and other issues where professional surveying
would be required. The current contract has the option of
renewing for two 1-year periods. This would be the first of
two possible extensions.
BUDGET: Total budget is reflected in various professional services
accounts for Public Works, Public Utilities, Community
Development (CDBG), Parks and Recreation, and as part of
various projects for these same departments.
RECOMMENDATION: Extend the contract from February 9th through October 27,
2004 at the current cost.
ATTACHMENT: Letter from L.D. Bradley Land Surveyors, agreeing to the
extension at the current costs.
REVIEWED BY CITY MANAGER:
JAN-22-2004 THU 12:55 PM ATL, BCH. PUBLIC WORKS FAX NO. 904 247 5843 AGENDA ITEM#4E
I. FEBRUARY 9,2004
yV f,. DEPARTMENT OF PUBLIC WORKS
?•1 r rl 1200 SANDPIPER LANE
f ' !" s ATLANTIC BEACH, FLORIDA 32233-4318
iii '� '' � .`� -t• TELEPHONE:(904)247-5834
%" ;'`:`.•,'.�. `J FAX:(904)247-5843
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SUNCOM: 852-5834
imilhttp://www,ci.atlantic-beach.O.us
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L, January 21, 2004
Mr. Donald M. Johnson, Jr., P.S.M.
Project Manager
L.D. Bradley Land Surveyors
L 5773 Normandy Blvd.
Jacksonville, FL 32205 via fax: 786-1479
RE: Renewal of Annual Land Surveying Contract
Dear Mr. Johnson:
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As you are aware, the contract with the City of Atlantic Beach for Annual Land Surveying
expired on October 27, 2003. The City would like to renew this contract beginning February 9,
2004 through October 27, 2004 at the current rates. This would be the first of two possible
' extensions. If this is acceptable to your company,please sign below and return to me before
January 30th, so I can prepare a staff report for the City Commission to accept the extension.
LA copy of your contract rates is attached for your convenience. We look forward to
recommending that we continue our contract with your company.
Sincerely,
or
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Donna Kaluzniak, CE'
Public Utilities Director
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L.D. BRADLEY LAND SURVEYOR AGREES TO EXTEND THE CONTRACT FROM
Li FEB ' I RY 9, 2004 TO OCTOBER 27,2004 FOR THE SAME RATES.
. ‘/ -4/ /-zz-s
Mr. Donald M. o- 1son, '.S.M. Date
JAN-22-2004 THU 12:56 PM ATL. BCH. PUBLIC WORKS FAX NO. 904 247 5843 AGENDA ITEM#4E
FEBRUARY 9,2004
i
MND SURVEYORS
As per your request, listed below is a breakdown of the survey work for the project.
ITEM pESCRIPTION Quantity U/M Unit Price Total
1 Field Crew 5 Per Day $847.58 $4,237.90
2 CAD2 Operator/Draftsman- Office 24 Per Hour $53.51 $1,284.24
3 Technician 8 Per Hour $58.87 $470.96
4 Field Supervisor 5 Per Hour $49.23 $246.15
5 Project Manager 8 Per Hour $72.78 $582.24
6 Principal 1 Per Hour $87.75 $87.75
7 Clerical 1 Per Hour $25.69 $25.69
8 Research 1 Per Hour $34.24 $34.24
TOTAL: $6,969.17
We appreciate the opportunity of submitting this proposal and look forward to working with you on this project.
If you have any question or comments please feel free to give me a call.
Donald M. Johnson Jr_ ---- 786-6400--- Fax 786-1479 --- E-Mail DJohnson LDBradley.net
Sincerely,
Donald M. Johnson Jr. P.S.M.
Project Manager
AGENDA ITEM#6A
FEBRUARY 9,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Pay for Current Employees
SUBMITTED BY: George Foster, Human Resource Manager
DATE: February 3, 2004
BACKGROUND: On January 12, 2004, the City Commission met and agreed to provide
a method to adjust the pay of experienced employees over the pay
rates given to new employees (COLAs) so that City employees
process through their pay ranges. In addition, the Commissioners
authorized the City to pursue the following pay changes with the
Police union.
1. Crime Suppression Unit(CSU) members. Provide the two Police
Officers assigned to the Crime Suppression Unit with a rate of pay five
percent(+5%)above their normal pay. (Estimated cost$5,000)
2. Crime Suppression Unit(CSU)members. Provide the three members
assigned to the Crime Suppression Unit with an annual clothing
' allowance of six hundred fifty dollars($650.00)consistent with that
provided to Detectives. (Estimated cost$1,950)
' 3. Patrol Investigator/Evidence Technician. Provide the two members
assigned as Patrol Investigator/Evidence Technician with a rate of pay
five percent(+5%) above their normal pay. (Estimated cost$3,700)
4. Provide members of the Special Weapons and Tactics Team(SWAT)
with a rate of pay five percent(+5%)above their normal pay while such
' officers are performing SWAT duties,not including training.
(Estimated cost$1,000)
5. Increase the additional pay received by Field Training Officers(FTOs)
' from the current five percent(+5%) above their normal pay to ten
percent(+10%) above their normal pay during the period that the officer
is actually performing FTO duties. (Estimated cost$5,184)
IBUDGET: Funds ($16,834) for items 1 thru 5 above are available within the
current Police Department budget.
' RECOMMENDATION: In order to formalize the pay intentions of the City Commission, it is
recommended that the City Commission adopt Resolution 04-02.
' ATTACHMENTS: Proposed Resolution 04-02.
CITY MANAGER:
AGENDA ITEM#6A
FEBRUARY 9,2004
RESOLUTION
No. 04 - 02
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA ESTABLISHING THE CITY
COMMISSION INTENT TO PROVIDE FUTURE
EMPLOYEE PAY ADJUSTMENTS
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WHEREAS, the City of Atlantic Beach maintains public services to the community; and
WHEREAS, the City of Atlantic Beach has identified as a priority the recruitment and retention
of qualified City employees; and
WHEREAS, the City of Atlantic Beach has determined that the commitment to a method of
adjusting the pay of experienced employees over the pay for new employees is desirable for the
® recruitment and retention of employees; and
■ WHEREAS, the City of Atlantic Beach desires that employee compensation, including pay, be
competitive with neighboring cities; and
WHEREAS, the City of Atlantic Beach desires to provide employees with competitive
incentives for performance.
NOW THEREFORE BE IT RESOLVED that the City Commission of the City Atlantic Beach
hereby supports and commits to ensuring that pay of experienced employees is increased above
that of new employees.
BE IF FURTHER RESOLVED that the City Commission of the City of Atlantic Beach hereby
commits, pending funding availability during the budget process and satisfactory employee
performance, to annually adjusting the pay of experienced employees by an average of three
percent (3%) of the pay plan above any adjustments (COLAs) provided to the overall pay plan as
affecting new employees.
ADOPTED by the City Commission of Atlantic Beach this day of February 2004.
ATTEST:
•
Maureen King John Meserve
Certified Municipal Clerk Mayor, Presiding Officer
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Approved as to form and correctness:
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Alan C. Jenson, Esquire
City Attorney
AGENDA ITEM#7A
FEBRUARY 9,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: First reading City's Code of Ordinances, Chapter 2, Article VI,
Sec. 2-226, Holiday schedule.
SUBMITTED BY: George Foster, Human Resource Manager
DATE: February 3, 2004
BACKGROUND: The City Commission has previously approved adding Christmas
Eve as a holiday for City employees and changing of an employee's
birthday from a holiday to Personal Leave.
These changes are included within the City's Personnel Manual
and, after negotiations with the City's three unions, included within
each of the union contracts.
As Holidays are also included within the City Code, an ordinance
must also be prepared and processed making changes to the City
Code.
RECOMMENDATION: That City Commission approve this ordinance deleting this section
of the City Code as it duplicates the information as contained
within the City Personnel Manual and the three union contracts.
BUDGET: This is an administrative "one time" action that does not require
funding.
ATTACHMENTS: Proposed Ordinance 5-04-43
CITY MANAGER:
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AGENDA ITEM#7A
FEBRUARY 9,2004
ORDINANCE NO 5-04-43
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VI, EMPLOYEE
BENEFITS, DIVISION 1, GENERALLY, TO DELETE
SECTION 2-226, HOLIDAY SCHEDULE, PROVIDING
• FOR CODIFICATION, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida maintains a employee benefits plan which
includes holidays, and
WHEREAS, the City of Atlantic Beach Florida desires to provide all employees with benefits,
and,
WHEREAS, the City of Atlantic Beach, Florida maintains a Personnel Manual and Union
contracts that cover holidays provided to City employees, and
WHEREAS, the City Commission has approved the change of the Employee's Birthday from a
"floating" holiday to Personal Leave, and
WHEREAS,holidays are included within the City's Personnel Manual and, after negotiations,
included within the City's three union contracts.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
Chapter 2, Article VI, Employee Benefits, Division 1, Generally, Section 2-226. Holiday
Schedule is hereby deleted:
DIVISION 1. GENERALLY
Sec. 2 226. Holiday schedule.
January 1 New Years Day
Third Monday in January Martin Luther King, Jr. Day
Third Monday in February President's Day observed
Last Monday in May Memorial Day
July-4 hep
First Monday in September Labor Day
Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day after Thanksgiving
December 24 Christmas Eve
December 25 Christmas Day
Date applicable Employee's Birthday
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' AGENDA ITEM#7A
FEBRUARY 9,2004
Ordinance 5-04-43
Page 2
PASSED by the City Commission on first reading this day of 2004.
PASSED by the City Commission on second and final reading this day of
' 2004.
ATTEST:
Maureen King, City Clerk John Meserve, Mayor
•
Approved as to form and correctness:
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Alan Jensen, City Attorney
LEGEND: Underlining is new language
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AGENDA ITEM#7B
FEBRUARY 9,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: First reading City's Code of Ordinances, Article VI, Division 3,
General Employee Retirement System and Division 4, Police
Officer Retirement System
SUBMITTED BY: George Foster, Human Resource Manager
DATE: February 3, 2004
BACKGROUND: The attached Ordinance adds a Deferred Retirement Option Plan
(DROP), implements State mandated Section 185 Police pension
changes, changes funding for administrative expenses of the
pension plans, and makes other administrative changes and updates
to the City's pension plans.
DROP:
The Commission previously authorized the establishment of a
DROP for general and police employees. After review of the
various options, a five year cost neutral self directed DROP is
1 recommended.
A DROP allows employees to retire and receive their retirement
annuity while still working for the City. During the period of the
DROP, their retirement annuity is deposited into an investment
account. After the DROP period (five years), the employee must
retire. At that time, the cash value of their investment account may
be withdrawn as a lump sum amount or as otherwise directed by
the employee. Additionally, the employee begins to directly
receive their retirement annuity.
Once the employee enters the DROP, their retirement annuity is
determined and does not change upon additional service with the
City or salary increases. Both the employee and City contributions
to the City's pension plan are discontinued.
SECTION 185 MANDATES:
Annually the City receives Section 185 premium tax revenues from
automobile insurance premiums paid to the State which must be
used to fund "extra"benefits within the Police pension plan.
In February 2000, the City Commission was advised that the cost
of mandated enhancements would be approximately$12,528
annually. As these enhancements were not mandatory until
additional State revenues became available, Staff recommended,
1 and the Commission approved, that changes be delayed until such
AGENDA ITEM#7B
FEBRUARY 9, 20Ggi
time as additional State revenues became available.
We have now received State Section 185 premium tax revenues
over the 1997 base year amount ($70,289) to implement allme
enhancements as required by FS 185. (See attached summary)
EXPENSES OF THE PENSION PLANS:
Based upon audit mandates and the need to more accurately
maintain the "true" expenses of the Pension Plans, the method of
funding has been changed from the City General fund to the
appropriate Pension Plan fund. This action will result in a
"smoothing" of expenses from year-to-year, as these expenses will
be included in the actuarially calculated City contribution rate
rather than in the City's general budget.
FUNDING: DROP:
The proposed DROP is cost neutral with an actuarial reduction to
benefits for those employees that elect to enter the DROP prior to
reaching normal retirement eligibility. Expenses of the DROP plan
will be paid by DROP participants.
SECTION 185 MANDATES:
The cost of enhancements is approximately$12,528.00 annually. J
We have received an increase in State Section 185 premium tax
revenues for 2001 ($85,719) and for 2002 ($88,640) sufficiently
over the 1997 base year amount ($70,289) to implement
enhancements as required by FS 185.
EXPENSES OF THE PENSION PLANS: j
Expenses of$15,000 for the General Employee Pension Plan and
$15,000 for the Police Employee Pension Plan are being
transferred from the City General fund to the Pension Plans'
budgets. Although the City's contribution rate to the Pension Plans
may be increased for this action, there is no actual increase in the
cost to the City.
RECOMMENDATION: City Commission conduct a first reading of proposed ordinance
and schedule a public hearing and final reading for February 23rd.
ATTACHMENT: 1. Advantages / Disadvantages of a DROP
2. DROP Questions and Answers
3. Section 185 Benefit Enhancements
4. Proposed Ordinance 58-04-29
CITY MANAGER:
AGENDA ITEM#7B
FEBRUARY 9,2004
DROP PLAN
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ADVANTAGES / DISADVANTAGES
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THE EMPLOYEE . . . .
➢ Employees may build substantial cash which, when added to their monthly pension, may
increase their total retirement benefits.
➢ Employees can tailor their investment program in the DROP according to their personal
risk tolerance and financial situation.
> Employees may receive a lump sum distribution option which may assist employees pay
off major debt prior to retirement.
➢ Employees may be able to pass all or a part of their account to their heirs.
' ➢ Employee's monthly pension, after finally retiring, will be less than it would have been
had the employee not chosen the DROP.
➢ Employees must weigh the lump sum that a DROP offers against consequences of
participating, including giving up increases in monthly pension that may have resulted
from future service and pay hikes.
THE EMPLOYER . . . .
> May encourage employees who are considering early retirement to continue working,
thereby retaining experienced employees.
' > May result in employees staying at work longer, thus deferring hiring of new employees
and promotions.
➢ May increase/decrease costs as higher paid employees stay on the job longer. However,
Employer contributions to the pension plan cease upon the employee entering into a
DROP.
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> Popularity of DROPs may help in recruitment and retention.
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AGENDA ITEM #7B
FEBRUARY 9,200'
DROP PLAN
QUESTIONS AND ANSWERS
1
What is a DROP ?
A. A DROP is a distribution option within a traditional defined benefit pension plan. It is
not a separate qualified retirement plan.
How does an Employer add a DROP ?
A. Employers must amend their pension Plan Document (Ordinance) to add a DROP. The
amendment specifies the operating provision of the DROP program.
How does a DROP work ?
A. Once an employee is eligible, they have an option to enter a DROP or continue within the
City's Defined Benefit Plan. If they elect to enter the DROP, their monthly pension
amount would be placed into a separate "self directed" DROP account. The employee no
longer accrues benefits in the Defined Benefit Plan, although they may continue to work
for the City during the DROP period (5 years) and save for retirement through the DROP
account.
If an employee can accrue larger retirement benefits by accumulating more years of service in
the Pension Plan, why would they want to enter the DROP ?
A. DROP accounts provide a lump sum account balance over which the employee has wide
flexibility in taking distributions and complete freedom in passing the remaining portion
of the DROP account to his/her heirs. j
What about disability and death coverage while an employee participates in the DROP ?
A. Once an employee enters a DROP, they have officially retired, that is, no disability or
pre-retirement death coverage is available through the City's Defined Benefit Plan.
Employees would still be eligible for employee life insurance and any survivor benefits
selected at the time of retirement.
What happens to contributions to the pension plan trust when an employee enters the DROP ?
A. Both the Employer and Employee contributions cease. Employees may contribute, on a
voluntary basis, to the City's ICMA 457 Plan.
I AGENDA ITEM#7B
FEBRUARY 9,2004
May employees self-contribute to their DROP account ?
IA. No; however, employees that enter a DROP may contribute to the City's ICMA 457 Plan.
IDo DROP participants benefit from retiree pay adjustments ?
A. DROP participants are entitled to the same pay adjustments as other retirees receive.
1 This applies to both payments during the DROP period and payments after.
Must a participant actually retire at the end of the DROP period ?
IA. Yes. Even employees that may be promoted must retire at the end of their DROP period.
ICan a participant retire before the end of the DROP period ?
A. Yes. A DROP participant may retire at any time before the specified period. DROP
I payments would continue as monthly pension payments and the participant would be
entitled to their entire balance within their DROP account.
IWhat distribution options are available at the end of DROP participation ?
A. Usually they are the same as defined contribution plan: lump sum, periodic withdrawal,
I purchase of an annuity, rollover to an IRA, delayed deferral, etc., or any combination of
these.
IHow are DROP payments invested ?
A. Employee DROP payments will be self-directed with the money actually transferred from
1 the pension plan to a separate account for the participant. The participant chooses how
they want the assets invested from an array of options offered.
IWhat happens if the Pension Plan benefit is increased, or decreased, while an employee is
participating in the DROP ?
IA. Unless the change is retroactive, the participant would not be affected from any changes.
ITs an employee covered under Social Security once they enter a DROP ?
A. Yes
ICan an employee "change their mind" and opt out of a DROP at a later date ?
A. No.
II
I
I
AGENDA ITEM#7B
FEBRUARY 9,2001
Benefit Enhancements
To the extent that additional premium(Section 185) tax dollars over those received for '
calendar year 1997 become available to incrementally fund the cost of enhancements the
following benefits, as required by FS 185, shall be considered by the City Commission:
1
a) Normal retirement. A normal retirement benefit for members who have attained
the age of fifty-five (55) years and have ten(10) or more years of creditable
service shall be established.
i
b) Normal retirement ten (10) year period certain. Normal retirement benefits will
be paid for a ten(10) year period certain and life. In the event the officer dies
after retirement but before receiving retirement benefits for a period of ten (10)
years, the same monthly benefit will be paid to the beneficiary for the balance of
such ten (10) year period, or if no beneficiary is designated, to the estate of the
police officer.
c) Early retirement. A member who has attained the age of fifty(50) years and has ,
ten(10) years of credited service in force, shall be eligible for an early retirement.
The amount of an early retirement benefit shall be calculated as provided in
section 2-310.10(a) taking into account credited service to the date of actual
retirement and final monthly compensation as of such date. Such amount of
retirement income shall be actuarially reduced to take into account the
participant's younger age and earlier commencement of retirement income
payments. In no event shall the early retirement reduction exceed three (3)
percent for each year by which the member's age at retirement preceded the
member's normal retirement age. '
d) Early retirement ten(10) year period certain. An early retirement benefit benefits
will be paid for a ten(10) year period certain and life. In the event the officer dies
after retirement but before receiving retirement benefits for a period of ten (10)
years the same monthly benefit will be paid to the beneficiary for the balance of
such ten(10) year period, or if no beneficiary is designated, to the estate of the
police officer.
e) Deferred retirement upon separation. Any police officer who has been in the
service of the city for at least ten(10) years elects to leave his or her accrued
contributions in the plan, such police officer upon attaining age fifty(50) years or
more, may retire under the provisions as set out for an early retirement.
1
1
' AGENDA ITEM#7B
FEBRUARY 9,2004
f) Deferred retirement ten(10) year period certain. Such benefits will be paid for a
' ten(10) year period certain and life. In the event the officer dies after retirement
but before receiving retirement benefits for a period of ten(10) years, the same
monthly benefit will be paid to the beneficiary for the balance of such ten (10)
year period, or if no beneficiary is designated, to the estate of the police officer.
g) Disability retirement ten (10) year period certain. Such benefits will be paid for a
' ten(10) year period certain and life. In the event the officer dies after retirement
but before receiving retirement benefits for a period often(10) years, the same
monthly benefit will be paid to the beneficiary for the balance of such ten (10)
' year period, or if no beneficiary is designated, to the estate of the police officer.
' h) Employee death ten (10) year period certain. If any police officer having at least
ten(10) years of credited service dies prior to retirement, his or her beneficiary is
entitled to the benefits otherwise payable to the police officer at early or normal
retirement age.
1
•
1
AGENDA ITEM#7
FEBRUARY 9,200
ORDINANCE NO. 58-04-29
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, '
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE
RETIREMENT SYSTEM AND •DIVISION 4, POLICE OFFICER
RETIREMENT SYSTEM, TO PROVIDE A DEFERRED
RETIREMENT OPTION PROGRAM FOR PARTICIPANTS;
CHANGE PAYMENT OF PENSION BOARD EXPENSES; AND
AMENDING CHAPTER 2, ADMININSTRATION, ARTICLE VI,
DIVISION 4, POLICE OFFICER RETIREMENT SYSTEM, TO
PROVIDE ADJUSTMENTS FOR NORMAL RETIREMENT
BENEFITS; PROVIDING ADJUSTMENTS TO OPTIONAL
FORMS OF PENSION PAYMENT; PROVIDING FOR EARLY ,.
. RETIREMENT BENEFITS; PROVIDING ADJUSTMENTS FOR
DEFERRED RETIREMENT BENEFITS; PROVIDING FOR
DEATH BENEFITS; PROVIDING FOR CHANGE TO PAYMENT
OF PENSION BOARD EXPENSES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach,Florida has an interest in the future retirement of its
employees and wishes toimprove the retirement systems whenever feasible; and
WHEREAS,the City of Atlantic Beach, Florida recognizes the advantage of implementing a
Deferred Retirement Option Program within its retirement systems, and
WHEREAS, the City of Atlantic Beach,Florida in order to attain compliance with Chapter 185
of the Florida Statutes; and
'WHEREAS, the City Council has received and reviewed an actuarial impact statement related to `r
this change; and '
WHEREAS, the City of Atlantic Beach,Florida hereby amends its retirement systems to provide
such a benefit as follows by indicated deletions,stFikethEeughs, and additions,underlines;
NOW THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE CITY •
OF ATLANTIC BEACH,FLORIDA,AS FOLLOWS:
1 1
' AGENDA ITEM#7B
FEBRUARY 9,2004
' § 2-261 ATLANTIC BEACH CODE
DIVISION 3. GENERAL EMPLOYEE RETIREMENT SYSTEM
Sec. 2-261. Created, purpose.
' The city employees'retirement system is hereby created and established for the purpose of providing
pensions and death benefits for the employees of the city and their dependents. The effective date of the
retirement system is December 22, 1975.
(Ord. No. 58-75-4, § 1, 12-22-75)
Sec. 2-262. Definitions.
' The following words and phrases as used in this division shall have the following meanings unless a
different meaning is clearly required by the context:
Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a form other than
the standard form of benefit for members shall have the same actuarial present value on the date payment
commences as such standard form of benefit. For the purpose of establishing the actuarial present value of
any form of payment, all future payments shall be discounted for interest and mortality by using the 1983
Group Mortality Table, with ages set ahead five (5) years in the case of disability.
Beneficiary shall mean any person who is being paid, or has entitlement to future payment, of a pension
or other benefit by the retirement system for a reason other than the person's membership in the retirement
system.
Board of trustees or board shall mean the board of trustees provided for in this division.
City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards, departments and
instrumentalities.
City employee shall mean any person in the employ of the city, other than police officers and firefighters.
rCompensation shall mean the salary or wages paid a member for personal service rendered the city.
Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments,
salary or wages while absent from work on account of vacation, holiday, or illness. Compensation shall
not include redemptions or payments in consideration of unused vacation time or sick leave, the value of
any fringe benefit, uniform allowances, equipment allowances,reimbursement of expenses, or any other
item not specifically included.
Credited service shall mean the service credited a member as provided in this division.
' Final average compensation shall mean one/sixtieth(1/60th) of the aggregate amount of compensation
paid a member during the period of sixty(60)consecutive months of the member's credited service in
which the aggregate amount of compensation paid is greatest. The sixty(60) consecutive months of
credited service must be contained within the member's last one hundred twenty(120) months of credited
service. If a member has less than sixty(60) consecutive months of credited service, final average
compensation means the aggregate amount of compensation paid the member divided by the member's
1 months of credited service.
Member shall mean any person who is a member of the retirement system.
Pension shall mean a series of monthly payments by the retirement system throughout the future life of a
retirant or beneficiary, or for a temporary period, as provided in this division.
2
AGENDA ITEM#7B
FEBRUARY 9,2011
Pension reserve shall mean the present value of all payments likely to be made on account of a pension.
The present value shall be computed on the basis of such mortality and other tables of experience and
regular annual compound interest as the actuary appointed by the board of trustees shall from time to time
determine.
Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board I
of trustees shall from time to time adopt.
Retirant shall mean any person who has satisfied the condition for receiving a benefit and is being paid a 3
pension by the retirement system on account of the person's membership in the retirement system.
Retirement shall mean an employee's separation from city employment as an employee with immediate
eligibility for receipt of benefits under the retirement system.
Retirement systems or system shall mean the city retirement system created and established by this
division.
Service shall mean personal service rendered to the city by a city employee. j
Workers'compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse or child
pursuant to any workers'compensation or similar law. Redemptions or settlements of a workers'
compensation claim shall:be considered workers' compensation benefits. Payments in consideration of
medical expenses shall be.disregarded in the determination of workers' compensation benefits.
(Ord. No. 58-75-4, § 2, 12-22-75; Ord.No. 58-88-13, § 1, 11-28-88; Ord. No. 58-91-15, § 1, 4-22-91;
Ord. No. 58-98-25, § 1, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 2-263. Benefit groups. 3
(a) _b :_-- ._. ' -- .b-. -- .. -.. - :- --- -''b . - - ---- -
--
•
- "-- ' - == .- - ---- - "=• '- -= :• •:• • -: ---• - - - :Benefit group general is hereby
designated for the purpose of determining a retirement system member's applicable benefit eligibility
conditions and benefit amount and shall include all employees not included in another City pension plan.
(b) Benefit eligibility condition shall be based on the member's benefit group at the time of termination J
of city employment. Benefit amounts shall be based on the amount of credited service acquired in each
benefit group general.
(Ord. No. 58-75-4, § 3, 12-22-75; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)• 3
Sec. 2-264. Board of trustees—Responsibilities and duties generally.
The general administration, management, and responsibility for the proper operation of the retirement
system, for construing, interpreting, and making effective the provisions of this division, and for making
recommendations to the city commission on matters concerning this retirement system are vested in the
board of trustees.
(Ord. No. 58-75-4, § 4, 12-22-75; Ord. No. 58-98-25, § 2, 11-23-98)
Cross references: Boards and commissions generally, § 2-131 et seq.
Sec. 2-265. Same--Actuarial data; report to city commission.
(a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended 3
by the actuary as necessary for the operation of the retirement system on an actuarial basis.The board
3 3
AGENDA ITEM#7B
FEBRUARY 9,2004
' shall keep or cause to be kept, in convenient form, such additional data as is required to properly report
the operations of the system.
' (b) The board shall render a report to the city commission on or before the first day of ApfilOctober
of each year showing the fiscal transactions of the retirement system for the year ended the preceding
thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of
September, and a copy.of the most recent actuarial report.
(Ord. No. 58-75-4, § 10, 12-22-75)
Sec. 2-266. Same--Composition.
The board of trustees shall consist of five (5) trustees as follows:
' (1) Two (2)residents of the city to be selected by the city commission and serve at the pleasure of the
city commission, who may also serve as trustees of the police officer retirement system created in
division 4 hereof;
(2) Two (2) members of thethis retirement system who are employees of the city, but not police officers
or firefighters, to be elected by the members of the retirement system who are also similarly situated
employees of the city;
(3) One (1) resident of the city to be selected by the other four(4) members of the board of trustees, and
whose appointment shall be confirmed by a vote of the city commission.
The elections provided for in subsections (2) of this section shall be held in accordance with such rules as
the board of trustees shall from time to time adopt.
' (Ord. No. 58-75-4, § 5, 12-22-75; Ord.No. 58-86-7, § 1, 1-12-87; Ord.No. 58-99-27, § 1, 11-8-99; Ord.
No. 58-99-26, § 1, 7-10-00)
Sec. 2-267. Same--Term of office; oath of office.
The regular term of office of a member of the board of trustees shall be four(4) years for civilian
1 members, and four(4) years for employee representatives, unless they terminate employment, whereupon
a new election will be held by the members of the plan to fill the unexpired term of their trustee
representatives, and one(-1) four(4) years for the trustee selected by a majority the other four(4)eight(8)
members of the board. Each trustee shall, before assuming the duties of trustees, qualify by taking an oath
of office to be administered by the city clerk, whereupon a trustee's term of office shall begin. However,
•
(Ord. No. 58-75-4, § 6; 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord.No. 58-98-25, § 3, 11-23-98; Ord.
No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-268. Same--Vacancy; filling of vacancy.
(a) A vacancy shall occur on the board of trustees if any member shall resign or any employee
representative ceases to be employed by the city. A vacancy shall occur on the board if any trustee fails to
L attend three (3) consecutive meetings of the board unless, in each case, excused for cause by the trustees
attending the meeting.
' (b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety(90) days
for the unexpired term, if applicable, in the same manner as the position was previously filled.
(Ord. No. 58-75-4, § 7, 12-22-75; Ord.No. 58-86-7, § 1, 1-12-87; Ord. No. 58-98-25, § 4, 11-23-98)
4
AGENDA ITEM #7B
FEBRUARY 9,2001
Sec. 2-269. Same--Meetings; quorum; voting; compensation.
The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall j
designate the time and place of each meeting. All meetings of the board shall be open to the public.
Notice of such meetings shall be posted on employee bulletin boards so that employees will be aware of
the meeting. The board shall adopt its own rules of procedure and shall keep a record of its proceedings.
Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring
votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each
question before the board. Trustees shall serve without compensation for their services as trustees, but
shall be entitled to their expenses actually and necessarily incurred in attending meetings of the board and
in performing required duties as trustees.
(Ord. No. 58-75-4, § 8, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87) j
Sec. 2-270. Officers and employed services.
The officers and employed services of the retirement system shall be as follows:
(1) Chairperson: The board shall annually elect a chairperson and a chairperson pro tern from its
members.
(2) Secretary: The board shall annually elect a secretary from its members who shall sign the
minutes of each meeting - - . -- - _. . -- - • - ---- - -- __ _ .
(3) Treasurer: The Director of Finance shall be treasurer of the retirement system. The treasurer shall
(4) Legal advisor: The board is empowered to employ independent legal counsel butauthorized
utilize the services of the city attorney.
(54) Actuary: The board shall appoint an independent actuary who shall be the technical advisor to
the board regarding the operation of the retirement system on an actuarial basis, and who shall
perform such services as are required in connection therewith. The term actuary as used in this
division shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the
Employee Retirement Income Security Act of 1974 and who is a member of the Society of
Actuaries of the American Academy of Actuaries. A partnership or corporation may be appointed
actuary if the duties of the actuary are performed by or under the direct supervision of an enrolled
actuary and the enrolled actuary signs and is responsible for all final documents submitted by the
partnership or corporation.
(65) Administrative manager: The board may employ or contract for the services of an individual,
firm or corporation, to be known as the "administrative manager", who shall under the direction
of the board or any appropriate committee thereof;be ministerially responsible to:
a. Administer the office or offices of the retirement system and of the board; ij
b. Coordinate and administer the accounting,bookkeeping and clerical services;
c. Provide for the coordination of actuarial services furnished by the actuary;
d. Prepare (in cooperation or appropriate with the consulting actuary or other advisors) j
reports and other documents to be prepared, filed or disseminated by or on behalf of the
retirement system in accordance with law;
5 1
AGENDA ITEM#7B
FEBRUARY 9,2004
' e. Perform such other duties and furnish such other services as may be assigned, delegated
or directed or as may be contracted by or on behalf of the board.
' (76) Services: The board is authorized and empowered to employ such professional, medical,
technical or other advisors as are required for the proper administration of the retirement system.
These services shall be obtained and the compensation for these services shall be determined in
accordance with procedures established by the board.
t (Ord. No. 58-75-4, § 9, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-91-15, § 1,4-22-91; Ord.
No. 58-98-25, §§ 5--8, 11-23-98)
Sec. 2-271. Membership.
(a) All persons who are city employees, and all persons who become city employees, shall be
' members of the retirement system, except as provided in subsection (b) of this section.
(b) The membership of the retirement system shall not include:
' (1) Any city employee who is employed in a position normally requiring less than one thousand
(1,000) hours of work per annum;
(2) Any city managerial or professional employee who is employed pursuant to an individual
contract of employment which does not provide for the employee's participation in this retirement
system;
(3) Elected officials of the city;
(4) Positions which are compensated on a basis not subject to the withholding of federal income
taxes or FICA taxes by the city;
1 (5) Temporary employees;
(6) Any person initially employed as or promoted to a position designated by the city as
executive or department head shall elect to participate or not participate in the retirement system.
Such election shall be irrevocable for as long as the employee holds such executive or department
head position. Should any such member elect to discontinue participation in the retirement
system, the member's entitlement to benefits hereunder shall be governed by the system's
provisions in effect at the time of such discontinuance.
' (c) An individual shall cease to be a member upon retirement, entry into DROP, termination of
employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand
(1,000)or more hours of work in a year, or upon becoming employed in an excluded position.
(d) Effective June 1, 1999, all firefighter employees of the City of Atlantic Beach are hereby
consolidated into the City of Jacksonville Fire Department. On execution of this action, City of Atlantic
Beach firefighter employees became members of the City of Jacksonville Police and Fire Pension Fund
' with full rights and benefits in accordance with Chapter 121, City of Jacksonville Ordinance Code, and
with other applicable law. Such consolidation is in accordance with Resolutions 95-944-256 and 98-1006
of the City of Jacksonville,which provide for an interlocal agreement between the cities of Jacksonville
and Atlantic Beach entered into by these cities effective on the 1st day of June 1999; and the City of
Jacksonville's Ordinance 1999-472-E, which was enacted on the 25th day of May, 1999 and approved on
the 1st day of June 1999.
(Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81; Ord. No. 58-85-6, 1-13-86; Ord.No.
1 58-93-19, § 1, 9-27-93; Ord. No. 58-98-25, § 9, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00)
1 6
AGENDA ITEM #7
FEBRUARY 9,200
Sec. 2-272. Credited service.
Service rendered by a member of the retirement system shall be credited to the member's individual '
credited service account in accordance with rules the board of trustees shall from time to time prescribe
and in accordance with the applicable provisions of the Florida Statutes. In no case shall more than one
(1) year of credited service be credited on account of all service rendered by a member in any one period
of twelve (12) consecutive calendar months. Service shall be credited to the nearest one-twelfth of a year.
Service shall be credited for the total number of years, and fractional parts of years, of service of the
member.
(Ord.No. 58-75-4, § 12, 12-22-75; Ord. No. 58-91-15, § 1, 4-22-91; Ord.No. 58-99-26, § 1, 7-10-00)
Sec. 2-273. Loss of credited service. 3
A retirement system member's credited service shall be forfeited and no longer in force if the member
terminates city employment with less than five (5)years of credited service.
Ord. No. 58-75-4, § 13, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87)
Sec. 2-274. Reinstatement of credited service.
A member's forfeited credited service shall be restored to his/her individual service account if re-
employment by the city and membership in the retirement system occurs within five (5) years from and
after the date of separation from city employment that caused the forfeiture, provided that the member
repays to the retirement system the contributions refunded under subsection 2-298(d) hereof plus interest
at the actuarially assumed rate in accordance with terms established by the board of trustees.
(Ord.No. 58-75-4, § 14, 12-22-75; Ord. No. 58-98-25, § 10, 11-23-98)
Sec. 2-275. Military service credit.
(a) A member of the retirement system who leaves or left city employment voluntarily or non-
voluntarily to enter any armed service of the United States during time of war,period of compulsory
military service, or period of national emergency recognized by the city commission shall have required J
periods of active duty credited as city service subject to the following conditions:
(1) The member is re-employed by the city as provided in the Uniformed Services
Employment and Reemployment Rights Act(USERRA) after the date of termination of such
active duty;,
(2) In no case shall more than the years of service provided for in USERRA be credited on j
account of all military service.
(3) Notwithstanding any provision of this article to the contrary, contributions, benefits, and j
service credit with respect to qualified military service will be provided in accordance with
USERRA and Section 414(u) of the Internal Revenue Code.
(b) The board of trustees shall determine the amount of service to be credited a member under the
provisions of this section and USERRA.
(c) Employment after retirement:
(1) Any person who has retired as_a member of this retirement system may be reemployed by
7 1
I AGENDA ITEM#7B
FEBRUARY 9,2004
I (2) -Any person who has retired-as a member of this retirement system and is subsequently
.te
I
from his/her reemployment.
(Ord. No. 58-75-4, § 15, 12-22-75; Ord. No. 58-98-25, § 11, 11-23-98; Ord. No. 58-99-26, § 1, 7-
10-00)
C .
Sec. 2-276. Voluntary retirement conditions; employment after retirement.
I
(a) A member of the retirement system may retire upon satisfaction of each of the following
requirements:
I (1) The member files written application for retirement with the board of trustees setting
forth the date retirement is to be effective;
1
(2) The member terminates all of his/her city employment normally requiring one thousand
(1,000) hours of work or more per annum on or before the date retirement is to be effective;
I
(3) The member has met the age and service requirements for retirement specified in
subsection (b).
Upon retirement,a member shall be paid a pension computed according to the applicable
I
subsections of section 2-281 or section 2-282.
(b) The age and service requirements for voluntary retirement are: age sixty(60)years or older, and
I
(1) Normal retirement: the member has attained age sixty(60) years or older, and has five (5)
Ior more years of credited service in force.
12) Early retirement: the member has attained age fifty-five (55)years or older, and has five
(5) or more years of credited service in force.
I (c) Employment after retirement: •
I (1) Any person who has retired as a member of this retirement system may be reemployed by
the city in a position normally requiring less than one thousand(1,000)hours of work per annum
or in a position not covered by this pension plan and receive retirement benefits from his/her
Iprevious employment and compensation from his/her reemployment.
(2) Any person who has retired as a member of this retirement system and is subsequently
I: reemployed by the city in any position normally requiring one thousand(1,000)hours or more of
work per annum or in a position not covered by this pension plan shall have his/her pension
benefit suspended during the period of such reemployment and shall receive additional credited
Iservice from his/her reemployment.
(Ord. No. 58-75-4, § 16, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord.No. 58-91-14, § 1, 4-8-91;
Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-98-25, §§ 12, 13, 11-23-98; Ord.No. 58-99-27, § 1, 11-
8-99; Ord. No. 58-99-26, § 1, 7-10-00)
I
Sec. 2-277. Res-erved.Normal retirement date and payment date.
I (a) The normal retirement date of each member shall be the first day of the month following the
effective retirement of the member as indicated in the member's retirement application and as approved
by the board of trustees.
I8
AGENDA ITEM #7I,
FEBRUARY 9,200
(b) The early retirement date of each member shall be the first day of the month following the
effective retirement of the member as indicated in the member's retirement application and as approved
by the board of trustees.
(c) The monthly retirement income payable in the event of normal or early retirement shall be
payable on the first day of each month.
(Ord. No. 58-99-26, § 2, 7-10-00)
Editor's note: Ord. No. 58-98-25, § 14, adopted Nov. 23, 1998, repealed § 2-277 which pertained to
compulsory separation from employment; extensions; retirement, and derived from Ord. No. 58-75-4, §
17, adopted Dec. 22, 1975 and Ord. No. 58-87-10, § 1, adopted Nov. 23, 1987.
Sec. 2-278. Deferred retirement upon separation from employment (vesting).
(a) A member of the retirement system who terminates city employment prior to satisfying the
requirements for voluntary retirement under section 2-276 for a reason other than retirement or death,
who has not received a refund of his or her member contributions, and who has the applicable period of
credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension
upon attaining the age and service requirements for voluntary retirement, as set forth in section 2-276.
Upon attaining the age and service requirement for voluntary retirement, the member shall be paid a
pension computed according to the applicable subsections of section 2-281or section 2-282 as the
subsections were in force at the time a member left city employment.
(b) The credited service requirement for separation from city employment with entitlement to
deferred retirement is: five(5) years.
(Ord. No. 58-75-4, § 18, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 15, 11-23-98;
Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-279. Disability retirement--General conditions for eligibility.
(a) A member having five (5) or more continuous years of credited service and having contributed to J
the retirement system for five (5) years or more may retire from the service of the city if he/she becomes
totally and permanently disabled as defined in subsection (b) by reason of any cause other than a cause set
out in subsection (c). Such retirement shall herein be referred to as "disability retirement."
•
(b) A member will be considered disabled if, in the opinion of the board of trustees, the member is
totally and permanently prevented from rendering useful and efficient service as a city employee.
(c) A member will not be entitled to receive any disability retirement income if disability is as a
result of:
(1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics;
(2) Injury or disease sustained by the employee while willfully and illegally participating in J
fights, riots, or civil insurrections or while committing a crime;
(3) Injury or disease sustained by the employee while serving in any armed forces; or
111
(4) Injury or disease sustained by the employee after his/her employment has terminated.
(d) No member shall be permitted to retire under the provisions of this section until he/she is
examined by a duly qualified physician or surgeon, to be selected by the board of trustees for that
purpose, and is found to be disabled in the degree and in the manner specified in this section. Any
member retiring under this section may be examined periodically by a duly qualified physician or surgeon
or board of physicians and surgeons to be selected by the board of trustees for that purpose, to determine
9 1
I AGENDA ITEM#7B
FEBRUARY 9,2004
I
if such disability has ceased to exist. If a member refuses to submit to such an examination, the member's
disability pension shall be suspended until such time as the member submits to the examination.
I
(e) The benefits payable to a member who retires from the service of the city with a total and
permanent disability as a direct result of a disability commencing prior to his normal retirement date is the
monthly income computed according to the applicable subsections of section 2-281or section 2-282.
I (f) The monthly retirement income as computed in section 2-281 or section 2-282 to which a
member is entitled in the event of his disability retirement shall be payable monthly after the board of
trustees determine such entitlement retroactive to the date of application or the last day on payroll,
I whichever is later. If the member recovers from the disability prior to his normal retirement date, the last
payment will be the payment due next preceding the date of such recovery. If the member dies without
recovering from his disability or attains his normal retirement date while still disabled, the last payment
Iwill be the payment due next preceding his death.
(g) If the board of trustees finds that a member who is receiving a disability retirement income is, at
I any time prior to his normal retirement date, no longer disabled, as provided herein, the board of trustees
shall direct that the disability retirement income be discontinued. Recovery from disability as used herein
means the ability of the member to render useful and efficient service as an employee of the city.
I (h) If the member recovers from disability and reenters the service of the city as an employee, his
service will be deemed to,have been continuous, but the period beginning with the first month for which
he received disability retirement income payment and ending with the date he reentered the city service
I • will not be considered as credited service for the purpose of the system.
(Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88;
Ord.No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-95-20, § 1, 6-12-95; Ord. No. 58-96-21, § 1, 2-12-96;
liOrd. No. 58-98-25, § 16, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-280. Same—Continuation subject to re-examination; return to employment.
I (a) The board of trustees may require a disability retirant to undergo a periodic medical examination
if the disability retirant has not attained age sixty(60)years.
I (b) If a disability retirant refuses to submit to a medical or psychological examination,payment of the
disability pension may be suspended by the board of trustees until . -. . . . -- . . the retirant
submits to the examination. • ' •
(c) A disability retirant who has been restored to employment with the city as provided in subsection
I (a) shall again become a member of the retirement system.
(Ord. No. 58-75-4, § 20, 12-22-75; Ord. No. 58-98-25, § 17, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99;
Ord.No. 58-99-26, § 1, 7-10-00)
ISec. 2-281. Amount of level straight life pension.
I (a) Benefit group general. Subject to section 2-285, the amount of level straight life pension shall be
equal to the retiring member's benefit group general credited service multiplied by the sum of two and
eighty-five hundredths (2.85)percent of the retiring member's final average compensation.
IJ) Early retirement benefit. The amount of an early retirement benefit shall be calculated as
provided in subsection 2-281.(a) above taking into account credited service to the date of actual
Iretirement and final monthly compensation as of such date. Such amount of retirement income shall be
actuarially reduced to take into account the participant's younger age and earlier commencement of
retirement income payments. In no event, shall the early retirement reduction exceed three (3)percent for
each year by which the member's age at retirement preceded the member's normal retirement age.
I10
AGENDA ITEM #7B
FEBRUARY 9, 20043
(bc) Cost-of-living adjustment. All retirement system members and beneficiaries who retired prior to
January 1, 1997, shall receive a one-time cost-of-living adjustment, which shall be in an amount equal to
three (3)percent of the benefits paid to such retired members and beneficiaries during the immediately
preceding month. Effective October 2001, all retirement system members and beneficiaries who retired
prior to January 1, 2001, shall receive a one-time cost-of-living adjustment, which shall be in an amount
equal to five (5) percent of the benefits paid to such retired members and beneficiaries during the
immediately preceding month.
(Ord. No. 58-75-4, § 21, 12-22-75; Ord. No. 58-87-8, § 1, 10-26-87; Ord. No. 58-92-18, § 1, 9-28-92; j
Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-97-23, § 1, 7-14-97; Ord. No. 58-99-27, § 1, 11-8-99;
Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-01-28, § 1, 10-8-01)
Sec. 2-282. Optional forms of pension payment.
A member of the retirement system may elect to be paid under one(1) of the following optional forms of
payment in lieu of the level straight life form of payment. The election must be made in writing and filed
with the board of trustees prior to the date retirement is effective. Payment will be made under the level
straight life form of payment if a timely election of an optional form of payment is not made.The amount
of pension under Option A and Option B shall be the actuarial equivalent of the amount of pension under
the level straight life form of payment. In no event may a member's annual benefit exceed the lesser of:
(1) Option A; one hundred (100) percent survivor pension: Under Option A, a retirant shall be paid a
reduced pension for life with the provision that upon the retirant's death, the reduced pension shall be
continued throughout the future lifetime of and paid to such person as the retirant shall have nominated by
written designation duly executed and filed with the board of trustees at the time of election of the
optional form of payment.
(2) Option B; fifty (50) percent survivor pension: Under Option B, a retirant shall be paid a reduced J
pension for life with the provision that upon the retirant's death, one-half of the reduced pension shall be
continued throughout the future lifetime of and paid to such person -. -- - '- - - - - --
retirant's life, as the retirant shall have nominated by written designation duly executed and filed with the
board of trustees at the time of election of the optional form of payment.
(3) Option C; social security coordinated pension: Under Option C, a retirant shall be paid an
increased pension to attainment of the age when the retirant is eligible to receive regular social security
retirement benefits, and a reduced pension thereafter.The increased pension paid to attainment of regular
social security retirement age shall approximate the sum of the reduced pension payable thereafter plus
the retirant's estimated social security primary insurance amount.
(4) Other benefit form: Any other actuarially equivalent form of benefit requested by a member and
approved, in their sole discretion, by the board of trustees.
(Ord. No. 58-75-4, § 22, 12-22-75; Ord. No. 58-98-25, § 18, 11-23-98)
(5) A Deferred Retirement Option Program (DROP),shall be established and administered by
the Board of Trustees of the City of Atlantic Beach General Employees' Retirement System. Such
DROP shall be a self-directed program. A General Employee may enter the DROP as set forth
herein. J
(a) Eligibility.
A participant of the City of Atlantic Beach General Employees' Retirement System may enter into J
the DROP on the first day of the month following the attainment of age fifty-five (55) and five (5)
years of service with the City of Atlantic Beach. However, a participant entering the DROP prior
to attaining age sixty (60) shall have their benefit actuarially reduced for each year under the age of
sixty (60). 1111
11 J
' AGENDA ITEM #7B
FEBRUARY 9,2004
' Participants who attained eligibility prior to the enactment of the DROP shall be afforded the
option of participating immediately, which must be exercised no later than ninety(90) days after
' the Board of Trustees provides notice, of this option to the affected employee.
Lb Written election.
A participant electing to participate in the DROP must complete and execute the proper forms,
which shall be supplied by the Board of Trustees.Election into the DROP is irrevocable once a
participant enters the DROP.
' j Limitation/disqualification for other benefits.
' A participant may participate in the DROP only once.After commencement of participation in the
DROP the employee shall no longer earn or accrue additional vesting credits toward retirement
benefits and shall not be eligible for disability or pre-retirement death benefits in the City of
Atlantic Beach General Employees' Retirement System.
(d) Cessation or reduction of contributions
Upon the effective date of a participant's commencement of participation in the DROP, all
contributions on behalf of the participant to the City of Atlantic Beach General Employees'
Retirement System shall be discontinued.
' (e) Benefit calculation
' For all City of Atlantic Beach General Employees' Retirement System purposes, the service and
vesting credits of a participant participating in the DROP shall remain as they existed on the
effective date of commencement of participation in the DROP. The participant shall not earn or be
' credited with any additional vesting credits after beginning DROP participation. Service thereafter
shall not be recognized by the City of Atlantic Beach General Employees' Retirement System or
used for the calculation or determination of any benefits payable by such Retirement System.
The average final compensation of the participant shall remain as it existed on the effective date of
commencement of participation in the DROP. Payment for unused Compensatory Time shall be
' made when the participant enters the DROP and shall be utilized in determining the final average
compensation. Payment for accrued unused leave (vacation, holiday, etc.) shall be made when the
participant actually terminates employment with the City.
' Earnings thereafter shall not be recognized by the Retirement System or used for the calculation or
determination of any benefits payable by the Retirement System.
(f) Payments to DROP account.
The monthly retirement benefits, including any future cost of living increases,that would have been
payable had the participant elected to cease employment and receive a normal retirement benefit
shall be deposited into the participant's DROP account.
(g) Drop account earnings.
Earnings of each DROP account shall be in accordance with the self-directed options selected by
' the participant and shall continue for up to sixty (60) months at which time all deposits into the
account shall cease. Neither the City, the Retirement System, nor the system's Board of Trustees
shall have any responsibility or liability for any of the self-directed options selected by the
participant.
' 12
AGENDA ITEM#7B
FEBRUARY 9,2004
(h) Maximum participation.
A participant may participate in the DROP for a maximum of sixty (60) months.
s At the conclusion
of the sixty (60) months, deposit's into the participant's DROP account shall cease.The participant
may terminate DROP participation by terminating from covered city employment on a date prior
to sixty (60) months from the date the participant entered the DROP.
A participant that elects to participate in the DROP may participate for a maximum of sixty (60) ,
months. At the conclusion of the maximum time period, the participant's covered city employment
must terminate pursuant to the resignation submitted by the participant as part of the DROP
application.The participant may terminate DROP participation by advancing their resignation '
from covered city employment to a date prior to that submitted by the participant as part of the
DROP application.
(i) Expenses. '
All administrative fees charged for the administration and operation of the participant's DROP
account shall be in accordance with the self-directed options selected by the participant and shall be
the responsibility of the participant.
(j) Payout. ,
(i) Upon the termination of a participant's covered City employment (for any reason,whether
by retirement, resignation, discharge or death), the retirement benefits payable to the
participant or to the participant's beneficiary (if the participant selected an optional form of
retirement benefit which provides for payments to the beneficiary)shall be paid to the
participant,the participant's beneficiary or the member's estate and shall no longer be
deposited into the participant's DROP account.
(ii) Within thirty days after the end of any calendar quarter following the termination of a
participant's employment, the balance in the participant's DROP account shall be payable in
accordance with the self-directed options selected by the participant.
Regardless of the option selected by the participant,the Board of Trustees has the right to
accelerate payments in order to comply with Section 401(A)(9) of the Internal Revenue Code
and the right to defer payments to comply with Section 415 of the Internal Revenue Code.
fk) Death.
If a DROP participant dies before the account balance is paid out in full,the participant's ,
designated beneficiary shall have the same rights as the participant to elect and receive the pay-out
options set forth in paragraph j above.DROP payments to a beneficiary shall be in addition to any
retirement benefits payable to the participant.Participants who are or have been DROP '
participants are not eligible for pre-retirement death or disability benefits.
(1) Forms. '
The forms and notices shall be approved for use in administering the DROP by the Board of
Trustees. ,
(m) Amendment.
The City Commission may amend the DROP at any time. Such amendments shall be consistent '
with the provisions covering deferred retirement option plans and shall be binding upon all future
13 ,
AGENDA ITEM#7B
FEBRUARY 9,2004
DROP participants and upon all DROP participant's who have balances in their accounts. Such
amendments may increase the expense, decrease the account earnings, or limit or restrict the
payout options.
Sec. 2-283. Death while in city employment; elective survivor pension.
' (a) Each member may, on a form provided for that purpose, signed and filed with the board
of trustees, designate a beneficiary(or beneficiaries) to receive the benefit, if any, which may be
payable in the event of his/her death, and each designation may be revoked by such member by
signing and filing with the board of trustees a new designation of beneficiary form.
(b) Upon the death of a member who has a valid nomination-of-beneficiary in force, the
beneficiary, if living, shall be paid a level straight life pension computed according to section 2-
281 in the same manner in all respects as if the member had elected Option A provided in section
2-282 and retired the day preceding his/her death, notwithstanding that the member may not have
satisfied the conditions for retirement. Upon a member's retirement, entry into DROP,resignation
' or termination as a city employee, eligibility for the death benefit payable under this section will
automatically terminate.
(c) If a member failed to name a beneficiary in the manner prescribed in subsection(a)
above, or if the beneficiary(or beneficiaries) named by a deceased member predeceases the
member, the death benefit, if any, which may be payable under the plan with respect to such
' deceased member, may be paid in the discretion of the board of trustees either to: (i)Any one (1)
or more of the persons comprising the group consisting of the member's spouse, the member's
descendants, the member's parents, or the member's heirs at law, and the board of trustees may
' pay the entire benefit to any member of such group or portion such benefit among any two (2)or
more of them in such shares as the board of trustees, in its sole discretion, shall determine; or(ii)
The estate of such member,provided that in any of such cases the board of trustees, in its
discretion, may direct that the commuted value of the remaining monthly income payments be
' paid in a lump sum. Any payment made to any person pursuant to the power and discretion
conferred upon the board of trustees by the preceding sentence shall operate as a complete
discharge of all obligations under the plan with regard to such deceased member and shall not be
subject to a review by anyone, but shall be final, binding and conclusive on all persons ever
interested hereunder.
(Ord. No. 58-75-4, § 23, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord.No. 58-88-13, § 1, 11-28-88;
Ord. No. 58-98-25, § 19, 11-23-98)
Sec. 2-284. Alternate death while in city employment; pension to spouse and/or children.
(a) The applicable benefits provided in subsections (b) and(c) of this section or, if the member
designated the member's spouse or children, as set forth below, the benefits provided in section 2-283,
' whichever are greater, shall be paid if a member of the retirement system who has five (5) or more years
of credited service and dies while in the employ of the city.The provisions of this section shall not apply
in the case of death of a member who has a valid designation of beneficiary, other than the member's
spouse or children as set forth below, in force pursuant to section 2-283.
(b) The person to whom the deceased member was married at the time of death shall be paid a
pension equal to a seventy-five (75)percent of the amount of level straight life pension computed
' according to the applicable subsection of section 2-281, based on the deceased member's final average
compensation and credited service.
' A surviving spouse's pension shall terminate upon death.
(c) The deceased member's unmarried children under the age of nineteen (19) years, or twenty-three
(23) years if enrolled full-time as a student in an educational institution shall each be paid an equal share
14
AGENDA ITEM #7B
• FEBRUARY 9,2004 '`
of a level straight life pension computed according to the applicable subsection of section 2-281, based on
the deceased member's final average compensation and credited service. The percent shall be zero (0)
percent during periods a pension is being paid in accordance with the provisions of subsection (b); and
fifty (50) percent during periods a pension is not being paid in accordance with the provisions of
subsection (b).
A surviving child's pension shall terminate upon attainment of age nineteen (19) years or, if over nineteen
(19), but less than twenty-three (23), upon no longer being enrolled as a fulltime student in an educational
institution, marriage, or death, and the pension of each remaining eligible child shall be recomputed. 1
(Ord. No. 58-75-4, § 24, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 20, 11-23-98;
Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-285. Maximum amount of pension. I
(a) The normal retirement pension payable to a member of the retirement system and who has not
previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100)
percent of his final average compensation. However, nothing contained in this section shall apply to
supplemental retirement benefits or to pension increases attributable to cost-of-living increases or
adjustments.
(b) No member of the system covered by this article who is not now a member of such system shall
be allowed to receive a retirement pension which is, in part or in whole, based upon any service with
respect to which the member is already receiving, or will receive in the future, a retirement pension from
another retirement system or plan; provided that this restriction does not apply to social security benefits
or federal benefits under Chapter 67,Title 10, U.S. Code. J
(c) In no event may a member's annual benefit exceed the lesser of:
(1) One hundred fifty thousand dollars ($150,000.00) (adjusted for cost of living in
accordance with Section 415(d) of the Internal Revenue Code, but only for the year in which such
adjustment is effective); or 3
(2) Notwithstanding the provisions of paragraphs (a) and (b) above,the annual benefit
payable to a member having at least fifteen (15) years of service shall not be less than the
annually adjusted amount provided in the provisions of IRC Section 415(d).
(3) Compensation in excess of limitations set forth in Section 401(a)(17) of the Internal
Revenue Code shall be disregarded. The limitation on compensation for an "eligible employee"
shall not be less than the amount which was allowed to be taken into account hereunder as in
effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first
plan year beginning after December 31, 1995. J
(4) If the member has less than ten (10)years of service with the employer(as defined in
Section 415(b)(5) of the Internal Revenue Code and as modified by Section 415(b)(6)(D) of the
Internal; Revenue Code), the applicable limitation in subsection(1) or subsection(2) of this
subsection shall be reduced by multiplying such limitation by a fraction,not to exceed one (1).
The numerator of such fraction shall be the number of years, or part thereof, of service with the
employer; the denominator shall be ten(10) years. For purposes of this subsection, annual benefit
means a benefit payable annually in the form of a straight-line annuity with no ancillary or
incidental benefits and with no member or rollover contributions.To the extent that ancillary
benefits are provided, the limits set forth in subsections (1) and(2) of this subsection will be
reduced actuarially, using an interest rate assumption equal to the greater of five (5) percent or the
interest rate used in the most recent annual actuarial valuation, to reflect such ancillary benefits. If
distribution of retirement benefits begins before age sixty-two (62), the dollar limitation as
described in subsection (1) of this subsection shall be reduced actuarially using an interest rate
15 1
' AGENDA ITEM#7B
FEBRUARY 9,2004
assumption equal to the greater of five (5)percent or the interest rate used in the most recent
annual actuarial valuation; however, retirement benefits shall not be reduced below seventy-five
thousand dollars ($75,000.00) if payment of benefits begins at or after age fifty-five (55). If
' retirement benefits begin after age sixty-five (65), the dollar limitation of subsection (1) of this
subsection shall be increased actuarially using an interest assumption equal to the lesser of five
(5) percent or the interest rate used in the most recent annual actuarial valuation. For purposes of
' this subsection, average annual compensation for a member's three(3) highest paid consecutive
years means the member's greatest aggregate compensation during the period of three (3)
consecutive years in which the individual was an active member of the plan. The special
maximum retirement income limitation applicable to police officers at the normal retirement date
' shall be as set forth in Section 415(G) and(H) of the Internal Revenue Code of 1986 and
amendments thereto and such amount shall be adjusted in accordance with regulations
promulgated by the secretary of the treasury or his/her delegate.
' (Ord. No. 58-75-4, § 25, 12-22-75; Ord. No. 58-88-12, § 1, 8-8-88; Ord. No. 58-88-13, § 1, 11-28-88;
Ord.No. 58-98-25, § 21, 11-23-98)
State law references: Limitation of benefits, F.S. § 112.65.
Sec. 2-286. Subrogation rights.
' If a member of the retirement system, retirant or beneficiary becomes entitled to a pension as the result of
an accident or injury caused by the act of a third party,the retirement system shall be subrogated to the
rights of such member, retirant or beneficiary against such third party to the extent of pensions which the
' retirement system pays or becomes liable to pay on account of such accident or injury.
(Ord.No. 58-75-4, § 26, 12-22-75; Ord. No. 58-98-25, § 22, 11-23-98)
Sec. 2-287. Reserved.
Editor's note: Ord. No. 58-98-25, § 23, adopted Nov. 23, 1998, repealed § 2-287 which pertained to
reserve for retired benefit payments and derived from Ord. No. 58-75-4, § 27, adopted Dec. 22, 1975.
Sec. 2-288. City contribution.
(a) The plan shall be funded by contributions from member contributions, as provided in section 2-
298, contributions from the city and other income sources as authorized by law.
' (b) City contributions shall be made to the plan, on at least a quarterly basis, in an amount which,
together with the member contributions provided for in section 2-298 and other income sources as
authorized by law,sufficient to meet the normal cost of the plan and to fund the actuarial deficiency over
.a period of not more than forty(40)years, as determined by the Florida Statutes required anal-actuarial
valuation.
Such contributions shall be computed as level percents of member payroll in accordance with generally
accepted actuarial principles on the basis of such rates of interest and tables of experience as the board of
trustees shall from time to time adopt.The board shall annually certify to the city the contributions
determined according to this section, and the city shall appropriate and pay to the retirement system, the
contributions so certified.
(c) All benefits and expenses shall be paid in accordance with the provisions of this pension plan and
1 consistent with Florida Statutes and the Internal Revenue Code.
(Ord. No. 58-75-4, § 28, 12-22-75; Ord. No. 58-98-25, § 24, 11-23-98; Ord.No. 58-99-26, § 1, 7-10-00)
Sec. 2-289. Reserved.
Editor's note: Ord. No. 58-98-25, § 25, adopted Nov. 23, 1998, repealed § 2-289 which pertained to
reserve for undistributed investment income and derived from Ord. No. 58-75-4, § 29, adopted Dec. 22,
1975.
16
AGENDA ITEM #7
FEBRUARY 9, 200
Sec. 2-290. Investment of retirement system assets.
I
The board of trustees shall be the trustee of the monies and assets of the retirement system.The board
shall have full power and authority, in their sole discretion, to invest and reinvest such funds as are not
necessary for current expenditures or liquid reserves, as they may from time to time determine. The
I
trustees may sell, exchange or otherwise dispose of such investments at any time.The trustees shall have
the authority, in respect to any stocks, bonds or other property, real or personal, held by them as trustees,
to exercise all such rights,powers and privileges as might be lawfully exercised by any person owning
I
similar stocks, bonds or other property in his own right. The trustees are authorized to invest in those
stocks, bonds and other securities permitted by the investment policies or guidelines adopted by the
trustees. j
(a) Delegation and allocation of investment functions.
(1) The Trustees shall have the power and authority to appoint one (1) or more investment
managers who shall be responsible for the management, acquisition, disposition, investing and
reinvesting of such of the assets of the Trust Fund as the Trustees shall specify. Any such
appointment may be terminated by the Trustees upon written notice.The fees of such investment
manager shall be paid out of the Trust Fund. The Trustees shall require that the investment
manager acknowledge in writing that it is a named fiduciary with respect to the plan.
kJ
(2) In connection with any allocation or delegation of investment functions under this
section, the Trustees shall,from time to time, adopt appropriate investment policies or guidelines.
(Ord. No. 58-75-4, § 30, 12-22-75; Ord. No. 58-85-5, § 1, 7-22-85; Ord. No. 58-92-17, § 1, 1-27-
92; Ord. No. 58-98-25, § 26, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-291. Reserved. 3
Editor's note: Ord. No. 58-99-26, § 1, adopted July 10, 2000, deleted the former § 2-291, which
pertained to divisions and derived from Ord. No. 58-75-4, § 31, adopted 12-22-75, and Ord. No. 58-99-
27, § 1, adopted 11-8-99. 3
Sec. 2-292. Expenses.
The expenses of administering a retirement system, including the premiums for fiduciary liability and il
waiver of recourse insurance covering the board of trustees and the retirement system, shall be paid by the
Plan city.
(Ord. No. 58-75-4, § 32, 1.2-22-75; Ord. No. 58-98-25, § 27, 11-23-98) 3•
Sec. 2-293. Reserved.
Editor's note: Ord. No. 58-98-25, § 28, adopted Nov. 23, 1998, repealed § 2-293 which pertained to
insurance coverage for retirants and beneficiaries and derived from Ord. No. 58-75-4, § 33, adopted Dec.
22, 1975.
Sec. 2-294. Method of making payments.
All payments under this division shall be made according to the provisions of the City Charter and city
ordinances governing the disbursement of city monies. No payment shall be made that has not been
authorized by . -• - . -•-_ - . - : the board of trustees.
(Ord. No. 58-75-4, § 34, 12-22-75)
3
Sec. 2-295. Assignments prohibited.
(a) Generally. The right of a person to a pension, disability, death or survivor benefit, and any other 3
right accrued or accruing to any person under the provisions of this division, and any monies in assets
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' AGENDA ITEM #7B
FEBRUARY 9,2004
' belonging to the retirement system, shall not be subject to execution, garnishment, attachment, the
operation of bankruptcy or insolvency law, or any other process of law whatsoever, and shall be
unassignable except as is specifically provided in this division. If a member is covered under a group
' insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be
permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may
authorize the board of trustees to deduct required payments to continue coverage under the group
' insurance or prepayment plan.The city shall have the right of set off for any claim arising from
embezzlement by or fraud of a member, retirant or beneficiary in addition to any other remedies,
including forfeiture of benefits, provided by law.
' (b) Direct transfers of eligible rollover distributions. This subsection applies to distributions made on
or after October 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise
limit a distributee's election under this section, a distributee may elect, at the time and in the manner
' prescribed by the board of trustees, to have any portion of an eligible rollover distribution paid directly to
an eligible retirement plan specified by the distributee in a direct rollover.
(1) "Eligible rollover distribution" means any distribution of all or any portion of the balance
to the credit of the distributee, except that an eligible rollover distribution does not include any
distribution that is one (1) of a series of substantially equal periodic payments (not less frequently
' than annually) made for the life(or life expectancy) of the distributee or the joint lives (or joint
life expectancies) of the distributee and the distributee's designated beneficiary or for a specified
period of ten (10) years or more; any distribution to the extent such distribution is required under
Section 401(a)(9)of the Internal Revenue Code; and the portion of any distribution that is not
' includable in gross income (determined without regard to the exclusion for net unrealized
appreciation with respect to employer securities).
(2) "Eligible retirement" means an individual retirement account described in Section 408(a)
of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the
Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue
Code, or a qualified trust described in Section 401(a) of the Internal Revenue Code, that accepts
the distributee's eligible rollover distribution. However, in the case of an eligible rollover
distribution to the surviving spouse, an eligible retirement plan is an individual retirement account
or individual retirement annuity.
(3) "Distributee" includes an employee or former employee. In addition, the employee's or
former employee's surviving spouse, or the employee's or former employee's spouse or former
spouse who is the alternate payee under an income deduction order, is a distributee with regard to
the interest of the spouse or former spouse.
(4) "Direct rollover" means a payment by the plan to the eligible retirement plan specified by
the distributee.
(Ord. No. 58-75-4, § 35, 12-22-75; Ord. No. 58-98-25, § 29, 11-23-98)
Sec. 2-296. Errors.
' Should the board of trustees determine that any member,retirant or beneficiary is being paid from the
retirement system more or less than is correct, the board of trustees shall correct the error and, as far as
practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which
the member, retirant or beneficiary was correctly entitled shall be paid.
(Ord.No. 58-75-4, § 36, 12-22-75; Ord. No. 58-98-25, § 30, 11-23-98)
Sec. 2-297. Protection against fraud.
Whoever with intent to deceive shall make any statements and/or reports required under this division
which are untrue, or shall falsify or permit to be falsified any record or records of the retirement system,
18
AGENDA ITEM #7B
FEBRUARY 9,2004 j
or who shall otherwise violate, with intent to deceive, any of the terms or provisions of this division, shall
be guilty of a city offense.
Any member who is convicted as provided in F.S. § 112.3173 of a specified offense committed prior to
retirement, or whose employment is terminated by reason of an admitted commission, aid or abatement of
a specified offense, shall forfeit all rights and benefits under this pension plan, except for return of
accumulated contributions as of his date of termination.
(Ord. No. 58-75-4, § 37, 12-22-75; Ord. No. 58-98-25, § 31, 11-23-98)
Sec. 2-298. Member contributions.
(a) Member contributions for benefit group general shall be two (2) percent of salary and said
contribution shall be deducted from the member's pay and paid over into the retirement system at least
monthly.
(b) The City of Atlantic Beach shall assume and pay the member contributions set forth above in lieu
of payroll deductions from such members' earnings. No member shall have the option of choosing to
receive the contributed amounts directly instead of having them paid by the city directly to the retirement
system. All such contributions by the city shall be deemed and considered as part of the member's
contributions and subject to all provisions of this plan pertaining to contributions of members. Such
contributions shall additionally be considered as part of the member's compensation for purposes of
determining final average compensation and any other benefits hereunder and for determining the
member's hourly wage rate for purposes of FICA contributions, worker's compensation, and overtime
compensation. This city pick up of contributions is a result of a commensurate reduction of each
member's pay and is intended to comply with Section 414(h)(2) of the Internal Revenue Code. j
(c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years
toward retirement and before being eligible to retire under the provisions of this article he/she shall be j
entitled to a refund of all of his or her contributions made to the city pension trust fund, plus any interest
accumulated at a rate of interest determined annually by the board of trustees, less any disability benefits
paid to him/her. If an employee who has been in the service of the city for at least five (5) years and has
contributed to the pension trust fund as provided elects to leave his or her accrued contributions in the
trust fund, such employee, upon attaining the age as required in section 2-278, may retire with the
actuarial equivalent of the amount of such retirement income otherwise payable to him/her.
• (d) If a member who terminates employment elects a refund of contributions and:
(1) Some or all of the refund is eligible for rollover treatment, as defined by the Internal j
Revenue Service;
(2) Elects to have such eligible distribution paid directly to an eligible retirement plan or j
IRA; and
(3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in
such form and at such time as the distributing plan administration may prescribe),
the distribution will be made in the form of a direct trustee-to-trustee transfer to the specified eligible
retirement plan.
(Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93;
Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-97-22, § 1, 2-24-97; Ord. No. 58-97-23, § 2, 7-14-97; Ord.
No. 58-97-24, § 1, 9-8-97; Ord. No. 58-98-25, § 32, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No.
58-99-26, § 1, 7-10-00)
Sec. 2-299. Benefit limitations and required distributions.
19
AGENDA ITEM#7B
FEBRUARY 9,2004
' (a) Benefits paid under the city employees retirement system shall not exceed the limitations of
Internal Revenue Code Section 415,the provisions of which are hereby incorporated by reference.
' (b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be
in accordance with the following requirements and otherwise comply with Internal Revenue Code Section
401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference:
' (1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar
year following the later of the calendar year in which the member attains age seventy and one-
half(70 1/2) or the calendar year in which the member retires. Alternatively, distributions to a
member must begin no later than the applicable April 1, as determined under the preceding
sentence, and must be made over the life of the member(or the life expectancies of the member
and the member's designated beneficiary) in accordance with regulations.
' (2) Distributions to a member and his/her beneficiary shall only be made in accordance with
the incidental death benefit requirements of[Internal Revenue] Code Section 401(a)(9)(G) and
' the regulations thereunder.
(Ord.No:-58-96-21, § 1, 2-12-96)
1
•
•
•
•
1
1 20
AGENDA ITEM #7B
FEBRUARY 9,2004 j
DIVISION 4. POLICE OFFICERS'RETIREMENT SYSTEM*
Sec. 2-300. Created, purpose.
The police officers' retirement system is hereby created and established for the purpose of providing
pensions and death benefits for the police officers of the city and their dependents in accordance with
Chapter 185 of the Florida Statutes. The effective date of the retirement system is on adoption of this
division. However, all benefits in existence under all previous retirement systems or plans effective after
December 22, 1975 shall remain in effect and be included as a part of this retirement system.
3
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-301. Definitions. j
The following words and phrases as used in this division shall have the following meanings unless a
different meaning is clearly required by the context:
Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a form other than
the standard form of benefit for members shall have the same actuarial present value on the date payment
commences as such standard form of benefit. For the purpose of establishing the actuarial present value of
any form of payment, all future payments shall be discounted for interest and mortality by using the 1983
Group Mortality Table, with ages set ahead five (5) years in the case of disability.
3
Beneficiary shall mean arty person who is being paid, or has entitlement to future payment, of aP ension
or other benefit by the retirement system for a reason other than the person's membership in the retirement
system. j
Board of trustees or board shall mean the board of trustees provided for in this division.
3 City shall mean the City of Atlantic Beach, Florida, and shall include officers,boards, departments and
instrumentalities.
3 Compensation shall mean the total cash remuneration paid a member for service rendered to the city.
Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments,
salary or wages while absent from work on account of vacation, holiday, or illness, and will also include
incentive pay as defined in Chapter 943.22 Florida Statutes. Compensation shall not include redemptions
or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit,
uniform allowances, equipment allowances, reimbursement of expenses, or payments for extra duty or a
special detail work performed on behalf of a second party employer or any other item not specifically
included.
Credited service shall mean the service credited a member as provided in this division.
Final average compensation shall mean one-sixtieth (1/60th) of the aggregate amount of compensation
paid a m ember d wring t he period o f s ixty(60) months o f t he m ember's c redited service i n which the
aggregate amount of compensation paid is greatest. The sixty (60) months of credited service must be
contained within the member's last one hundred twenty (120) months of credited service. If a member has
less than sixty (60) months of credited service, final average compensation means the aggregate amount
of compensation paid the member divided by the member's months of credited service.
Member shall mean any person who is a member of the retirement system.
*Editor's note: Ord. No. 58-99-26, § 2, adopted July 10, 2000, set out provisions intended for use as
Division 4, §§ 2-261A--2-310A. For purposes of clarity and at the editor's discretion, these provisions
have been included herein as §§ 2-300--2-310.29. 3
21
' AGENDA ITEM#7B
FEBRUARY 9,2004
' Pension shall mean a series of monthly payments by the retirement system throughout the future life of a
retirant or beneficiary, or for a temporary period, as provided in this division.
' Pension reserve shall mean the present value of all payments likely to be made on account of a pension.
The present value shall be computed on the basis of such mortality and other tables of experience and
regular annual compound interest as the actuary appointed by the board of trustees shall from time to time
determine.
Police officer shall mean a city employee employed by the police department who is certified or required
to be certified as a law enforcement officer in compliance with Sections 185.02(11) and 943.14 Florida
' Statutes, and who holds the rank of patrol officer or higher, including probationary patrol officer. The
term police officer shall not include any civilian city employee employed in the police department, any
person employed as a police officer for an emergency, or any person privately employed as a police
officer.
Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board
' of trustees shall from time to time adopt.
Retirant shall mean any person who has satisfied the condition for receiving a benefit and is being paid a
pension by the retirement system on account of the person's membership in the retirement system.
' Retirement shall mean aolice officer'sseparation sep ration from city employment as a police officer with
immediate eligibility for receipt of benefits under the retirement system.
Retirement systems or system shall mean the city retirement plan created and established by this division. •
' Service shall mean personal service rendered to the city by a police officer. •
• Workers'compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse, or child
pursuant to any workers'compensation or similar law. Redemptions or settlements of workers'
compensation claim shall be considered workers'compensation benefits. Payments in consideration of
medical expenses shall be disregarded in the determination of workers'compensation benefits.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-302. Benefit groups.
(a) - --
.- - •:•:" -- -- - - . - •. :Benefit group police is
hereby designated for the purpose of determining a retirement system member's applicable benefit
eligibility conditions and benefit amount and
(1) Benefit group police shall consist of all members who are also full time sworn. police
' officers.
(b) Benefit eligibility conditions shall be based on the member's benefit group at the time of
termination of city employment. Benefit amounts shall be based on the amount of credited service
acquired in benefit group police.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-303. Board of trustees--Responsibilities and duties generally.
The general administration, management, and responsibility for the proper operation of the retirement
system, for construing, interpreting, and making effective the provisions of this division, and for making
recommendations to the city commission on matters concerning this retirement system are vested in the
board of trustees. Such responsibilities and duties shall be conducted in such manner as to comply with
22
AGENDA ITEM #7B
FEBRUARY 9,2004
the requirements of Chapter 185 of the Florida Statutes, and shall specifically include compliance with
section 185.06 therein.
(Ord. No. 58-99-26, § 2, 7-10-00) i
Sec. 2-304. Same--Actuarial data; report to city commission.
(a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended
by its actuary and as required by state law (Chapters 112 & 185 F.S.) for the operation of the retirement
system on a sound actuarial basis. The board shall keep or cause to be kept, in convenient form, such
additional data as is required to properly report the operations of the system.
(b) The board shall render all reports required by state (Chapter 185, F.S.) or federal law to
appropriate agencies, with a copy to the city commission, on or before the first day of AprilOctober of
each year showing the fiscal transactions of the retirement system for the year ended the preceding
thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of
September, and a copy of the most recent actuarial report.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-305. Same--Composition. J
The board of trustees shall consist of five (5) trustees as follows:
(1) Two(2), unless otherwise prohibited by law, shall be legal residents of the city, appointed by the
city commission, who may serve as trustees of other city boards including the general employees
retirement system provided herein; j
(2) Two(2) police officers to be elected by the active police officers who are members of the
retirement system; I
(3) One (1) trustee to be selected by the other four(4) members of the board of trustees, and
appointed as a ministerial act by the city commission.
The elections provided for in subsection (2) of this section shall be held in accordance with such rules, as
the board of trustees shall from time to time adopt.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-306. Same--Term of office; oath of office.
3 The regular term of office of a member of the board of trustees shall be two(2) years for resident
appointees, and two(2) years for elected representatives, unless they terminate employment, whereupon a
new election will be held by the member of the plan to fill the unexpired term of their trustee ij
representatives. The term of office for the trustee selected by the other four(4) members of the board
shall be two (2)years. Each trustee shall,before assuming the duties of trustees, qualify by taking an oath
of office to be administered by the city clerk, whereupon a trustee's term of office shall begin.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-307. Same--Vacancy; filling of vacancy.
(a) A vacancy shall occur on the board of trustees if any member resigns or any employee
representative ceases to be employed by the city.
(b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety(90days
dY
for the unexpired term, in the same manner as the position was previously filled.
(Ord. No. 58-99-26, § 2, 7-10-00)
23 j
' AGENDA ITEM#7B
FEBRUARY 9,2004
' Sec. 2-308. Same--Meetings; quorum; voting; compensation.
The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall
designate the time and place of each meeting. All meetings of the board shall be open to the public.
Notice of such meetings shall be posted on employee bulletin boards so that all members will be aware of
the meeting. The board shall adopt its own rules of procedure and shall keep a record of its proceedings.
Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring
' votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each
question before the board.Trustees shall serve without compensation for their services as trustees,but
shall be entitled to their expenses actually and necessarily incurred in attending meetings of the board and
' in performing required duties as trustees in accordance with Florida Law.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-309. Officers and employed services.
The officers and employed services of the retirement system shall be as follows:
' (1) Chairperson: The board shall annually elect a chairperson from its members.
' (2) Secretary: The board shall annually elect a secretary of the board from its members, who shall
sign the minutes of each meeting and be the custodian of the retirement system's records and shall
perform such duties as required in Chapter 185 of the Florida Statutes.
(3) Legal advisor: The board is empowered to employ independent legal counsel.
(4) Actuary: The board is empowered to employ an independent actuary who shall be the technical
' advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall
perform such services as are required in connection therewith. The term actuary as used in this division
shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the Employee Retirement
' Income Security Act of 1974 and who is a member of the Society of Actuaries of the American Academy
of Actuaries. A partnership or corporation may be appointed actuary if the duties of the actuary are
performed by or under the direct supervision of an enrolled actuary and the enrolled actuary signs and is
responsible for all final documents submitted by the partnership or corporation.
(5) Administrative manager: The board is empowered to employ or contract for the services of an
' individual, firm, or corporation, to be known as the "administrative manager",who shall, under the
direction of the board or any appropriate committee thereof, be ministerially responsible to:
' (a) Administer the office or offices of the retirement system and of the board;
(b) Coordinate and administer the accounting, bookkeeping, and clerical services;
(c) Provide for the coordination of actuarial services furnished by the actuary; •
(d) Prepare(in cooperation or appropriate with the consulting actuary or other advisors)
reports and other documents to be prepared, filed or disseminated by or on behalf of the
retirement system in accordance with law;
' (e) Perform such other duties and furnish such other services as may be assigned, delegated,
or directed or as may be contracted by or on behalf of the board.
' (6) Other services: The board is authorized and empowered to employ such professional, medical,
technical, or other advisors as are required for the proper administration of the retirement system. These
services shall be obtained and the compensation for these services shall be determined in accordance with
procedures established by the board in accordance with Chapter 185 of the Florida Statutes.
24
AGENDA ITEM#7B
FEBRUARY 9,2004 j
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310. Membership. r
(a) All persons who are city police officers, and all persons who become city police officers, shall be
members of the retirement system, except as provided in subsection (b) of this section.
(b) The membership of the retirement system shall not include:
(1) Any police officer who is employed in a position normally requiring less than one
thousand (1,000) hours of work per annum;
(2) The chief of the police department may opt not to become a member of the retirement
system. Such option shall be made within sixty (60) days of appointment as police chief and shall
be irrevocable; I
(3) Police officer positions which are compensated on a basis not subject to the withholding
of federal income taxes or FICA taxes by the city; 3
(4) Temporary police officers;
(5) Elected officials of the city. 3
(c) An individual shall cease to be a member upon retirement, entry into DROP, termination of
employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand
(1,000) or more hours or work in a year, or upon becoming employed in an excluded position.
(Ord.No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.1. Credited service. ■
Service rendered by a member of the retirement system shall be credited to the member's individual J
credited service account in accordance with rules the board of trustees shall from time to time prescribe
and in accordance with the applicable provisions of Chapters 185, Florida Statutes. In no case shall more
than one (1) year of credited service be credited on account of all service rendered by a member in any
one (1) period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one-
twelfth(1/12)of a year. Service shall be credited for the total number of years, and fractional parts of
years, of service of the member.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.2. Loss of credited service.
A retirement system member's credited service shall be forfeited and no longer in force if the member
terminates city employment with less than five (5) years of credited service.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.3. Reinstatement of credited service.
A member's forfeited credited service shall be restored to his/her individual service account if re-
employment by the city and membership in the retirement system occurs within five (5) years from and
after the date of separation from city employment that caused the forfeiture, provided that the member
repays to the retirement system the contributions refunded under section 2-310.25(c) hereof,plus interest
at the actuarially assumed rate, in accordance with terms established by the board of trustees.
(Ord. No. 58-99-26, § 2, 7-10-00) •
25
' AGENDA ITEM #7B
FEBRUARY 9,2004
' Sec. 2-310.4. Military service credit.
(a) A member of the retirement system who leaves or left city employment voluntarily or non-
voluntarily to enter any armed service of the United States during time of war, period of compulsory
military service, or period of national emergency recognized by the city commission shall have required
periods of active duty credited as city service subject to the following conditions:
' (1) The member is re-employed by the city as provided in the Uniformed Services
Employment and Reemployment Rights Act(USERRA) after the date of termination of such
' active duty--,
(2) In no case shall more than the years of service provided for in USERRA or within FS 185
be credited on account of all military service.
(3) Notwithstanding any provision of this article to the contrary, contributions, benefits, and
service credit with respect to qualified military service will be provided in accordance with
USERRA, FS 185, and section 414(u) of the Internal Revenue Code.
(b) The board of trustees shall determine the amount of service to be credited a member under the
1 provisions of this section and USERRA.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.5. Voluntary:retirement conditions; employment after retirement.
(a) A member of the retirement system may retire upon satisfaction of each of the following
' requirements:
(1) The member files written application for retirement with the board of trustees setting
forth the date retirement is to be effective.
(2) The member terminates all his/her city employment normally requiring one thousand
(1,000) hours of work per annum on or before the date retirement is to be effective.
(3) The member has met the age and service requirements for retirement specified in
subsection (b).
Upon retirement, a member shall be paid a pension computed according to the applicable
subsections of section 2-310.10 or section 2-310.11.
(b) The age and service requirements for voluntary retirement are:
(1) Normal retirement: the member has attained the age of fifty (50) or older and has twenty
1 (20) years or more of credited service in force; or the member has obtained the age of fifty-five
(55) years and has ten (10) or more years of credited service in force; or the member at any age
has twenty-five (25) years of credited service in force; or the member has attained the age of sixty
' (60) years, and has five (5)years of credited service in force.
(2) Early retirement: the member has attained the age of fifty (50) or older and has ten (10)
' of more years of credited service in force, shall be eligible for an early retirement.
(c) Employment after retirement:
(1) Any person who has retired as a member of this retirement system may be reemployed by
the city in a position normally requiring less than one thousand(1000) hours of work per annum
' 26
AGENDA ITEM#7B
FEBRUARY 9,2004 j
or in a position not covered by this pension plan and receive retirement benefits from his/her
previous employment and compensation from his/her reemployment.
(2) Any person who has retired as a member of this retirement system and is subsequently
reemployed by the city in any position normally requiring one thousand(1000) hours or more of
work per annum in a position covered by this pension plan shall have his/her pension benefit
suspended during the period of such reemployment and shall receive additional credited service
from his/her reemployment.
(Ord. No. 58-99-26, § 2, 7-10-00) j
Sec. 2-310.6. Normal retirement date and payment date.
(a) The normal retirement date of each member shall be the first day of the month following the
effective retirement of the member as indicated in the member's retirement application and as approved
by the board of trustees. J
(b) The early retirement date of each member shall be the first day of the month following the
effective retirement of the member as indicated in the member's retirement application and as approved
by the board of trustees.
(bc) The monthly retirement income payable in the event of normal or early retirement shall be
payable on the first day of each month .-: . : . - - . . 3
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.7. Deferred retirement upon separation from employment (vesting).
(a) A member of the retirement system who terminates city employment prior to satisfying the
requirements for voluntary retirement under section 2-310.5 for a reason other than retirement or death,
who has not received a refund of his/her member contributions, and who has the applicable period of
credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension
upon attaining the age and service requirements for voluntary retirement, as set forth in section 2-310.5.
Upon attaining the age and service requirement for voluntary retirement, the member shall be paid a li
pension computed according to the applicablesubsections of section 2-310.510 as those subsections were
in force at the time a member left city employment. Such benefit shall be paid as a standard benefit form
(ten (10) year certain and life thereafter) as provided in section 2-310.11.
(b) The credited service requirement for separation from city employment with entitlement to
deferred retirement is five (5) years. Provided, that any member who attained five (5) or more years of
service with the city and elected to leave his or her accrued contributions in the plan shall be entitled to a
benefit under the provisions as set out in section 2-310.7(a) upon attaining normal retirement age.
(c) A member of the retirement system who terminates city employment prior to satisfying the five
(5) year requirement for deferred retirement under section 2-310.5 is entitled to a full refund of his/her
contributions, plus interest as determined by the board of trustees.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.8. Disability retirement--General conditions for eligibility. j
(a) If a member, prior to his normal retirement date,becomes totally and permanently disabled as
defined in subsection(b)by reason of any cause other than a cause set out in subsection(c)the member
shall be eligible for disability retirement.The minimum benefit for any member disabled in the line of
duty shall be forty-two (42)percent of the final average salary, regardless of years of credited service.
The minimum benefit for any member disabled not in the line of duty who has eight and one third (8 1/3)
years of credited service shall be twenty-five (25) percent of the final average salary.
27 j
I AGENDA ITEM#7B
FEBRUARY 9,2004
I (1) A permanent disability which is the result of or caused by tuberculosis, hepatitis,
meningococcal meningitis, hypertension, heart disease, or hardening of the arteries shall be
presumed to have been incurred in the line of duty unless the contrary is shown by competent
I
evidence or unless a physical examination of the member conducted upon initial hiring by the city
revealed the existence of such condition at that time, and provided that a member claiming
disability due to tuberculosis or meningococcal meningitis provides the affidavit required by F.S.
section 112.181(2).
I (b) A member will be considered disabled if, in the opinion of the board of trustees, the member is
totally and permanently prevented from rendering useful and efficient service as a city police officer and
I will be considered permanently disabled if, in the opinion of the board of trustees, he is likely to remain
so disabled continuously and permanently from a cause other than as specified in subsection (c).
I (c) A member will not be entitled to receive any disability retirement income if disability is as a
result of:
I (I) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics;
(2) Injury or disease sustained by the employee while willfully and illegally participating in
Ifights, riots, or civil insurrections or while committing a crime;
(3) Injury or disease sustained by the employee while serving in any armed forces; or
1 (4) Injury or disease sustained by the employee after his/her employment has terminated.
(5) Injury or disease sustained by the police officer while working for anyone other than the
Icity and arising out of such employment.
(d) No member shall be permitted to retire under the provisions of this section until he/she is
I examined by a duly qualified physician, surgeon, or other medical or psychological professional to be
selected by the board of trustees for that purpose, and is found to be disabled in the degree and in the
manner specified in this section.Any member retiring under this section may be examined periodically by
a duly qualified physician,surgeon, or other medical or psychological professionals or board of
physicians, surgeons, and other medical or psychological professionals to be selected by the board of
trustees for that purpose, to determine if such disability has ceased to exist. If a member refuses to submit
to such an examination, the member's disability pension shall be suspended until such time as the member
I submits to the examination.
(e) The benefits payable to a member who retires from the service of the city with a total and
Ipermanent disability as a direct result of a disability commencing prior to his/her normal retirement date,
is the greater of the monthly income computed according to the applicable subsections of section 2-
310.10 or the minimums established in section 2-310.8(a). Provided, that such benefits shall be paid in
I
the standard form, (ten(10)year certain and life thereafter).
(0 The monthly retirement income as computed in Section 2-310.10 to which a member is entitled in
I the event of his/her disability retirement shall be payable monthly after the board of trustees determine
such entitlement retroactive to the date of application or the last day on payroll, whichever is later. If the
member recovers from the disability prior to his normal retirement date, the last payment will be the
payment due next preceding the date of such recovery. If the member dies without recovering from his
disability or attains his/her normal retirement date while still disabled, the last payment will be the
payment due next preceding his/her death.
1 (g) If the board of trustees finds that a member who is receiving a disability retirement income is, at
any time prior to his normal retirement date, no longer disabled, as provided herein, the board of trustees
shall direct that the disability retirement income be discontinued. Recovery from disability as used herein
I28
AGENDA ITEM#7B
FEBRUARY 9,2004
means the ability of the member to render useful and efficient service as a police officer employee of the
city, regardless of whether the member is re-employed by the city.
(h) If the member recovers from disability and reenters the service of the city as a police officer
employee, his/her service will be deemed to have been continuous, but the period beginning with the first
month for which he/she received disability retirement income payment and ending with the date he/she
reentered the city service will not be considered as credited service for the purpose of the system.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.9. Same--Continuation subject to re-examination; return to employment.
(a) The board of trustees may require a disability retirant to undergo periodic medical or
psychological examination if the disability retirant has not attained age sixty (60)his or her normal
retirement eligibility date.
(b) If a disability retirant refuses to submit to a medical or psychological examination, payment of the j
disability pension may be suspended by the board of trustees until the retirant submits to the examination.
(c) A disability retirant who has been restored to employment with the city as provided in subsection 1
2 280.310.8(h) shall again become a member of the retirement system.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.10. Calculation of pension benefit.
(a) Normal retirement benefit. Subject to section 2-310.14, the amount of level straight life pension J
shall be equal to the retiring member's credited service multiplied by three (3)percent of the retiring
member's final average compensation.
(b) Early retirement benefit. The amount of an early retirement benefit shall be calculated as
provided in subsection 2-310.10(a) above taking into account credited service to the date of actual
retirement and final average compensation as of such date. Such amount of retirement income shall be
• actuarially reduced to take into account the participant's younger age and earlier commencement of
retirement income payments. In no event, shall the early retirement reduction exceed three (3)percent for
each year by which the member's age at retirement preceded the member's normal retirement age.
(b)Lq) Cost-of-living adjustment. All retirement system members and beneficiaries who retired prior to
January 1, 1997, shall receive a one-time cost-of-living adjustment, which shall be in an amount equal to
three (3)percent of the benefits paid to such retired members and beneficiaries during the immediately
preceding month. Effective October 2001, all retirement system members and beneficiaries who retired
prior to January 1, 2001, shall receive a one-time cost-of-living adjustment, which shall be in an amount •
equal to five (5) percent of the benefits paid to such retired members and beneficiaries during the
immediately preceding month.
(Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-01-28, § 2, 10-8-01)
Sec. 2-310.11. Optional forms of pension payment. J
A member of the retirement plan may elect to be paid under one (1) of the following optional forms of
payment in lieu of the standard normal or early retirement benefit form of payment. The election must be
made in writing and filed with the board of trustees prior to the date retirement is effective. Unless
otherwise elected, the standard normal benefit form shall be "Option A" below. Payment will be made
under the standard normal retirement benefit form if a timely election of an optional form of payment is
not made. The amount of pension under any option shall be the actuarial equivalent of the amount of
pension under the standard normal retirement benefit form payment.
J
29 3
' AGENDA ITEM#7B
FEBRUARY 9,2004
' (1) Option A; Ten (10) years certain and retirant's life thereafter: Under Option A, a retirant
shall be paid a pension for life, however !
. - -- - - - - - - - -- -• _- -. ---- in the event
' the retirant dies after retirement but before receiving retirement benefits for a period of ten (10)
years, the same monthly b enefit w ill b e p aid for the balance o f such ten y ear p eriod. B enefit
payments shall be made to the retirant's designated beneficiary or estate for such period.
(2) Option B; Modified joint survivor pension: Under Option B, a retirant shall be paid a
reduced pension for life with the provision that upon the retirant's death, a benefit as designated
by the retirant of either, one hundred (100), seventy-five (75), sixty-six and two thirds (66 2/3) or
' fifty(50) percent of the reduced pension benefit shall be continued throughout the future lifetime
of and paid to such person as the retirant shall have specified by written designation duly
executed and field with the board of trustees at the time of election of the optional form of
payment.
(3) Option C; Retirant's life only: Under Option C, a retirant shall be paid a pension for his
or her life only. All monthly payments shall cease on the death of the retirant.
Option GD; Social security coordinated pension: Under Option GD, a retirant shall be
paid an increased pension to attainment of the age when the retirant is eligible to receive regular
social security retirement benefits, and a reduced pension thereafter. The increased pension paid
to attainment of regular social security retirement age shall approximate the sum of the reduced
pension payable thereafter plus the retirant's estimated social security primary insurance amount.
(4) Other benefit form. Any other actuarially equivalent form of benefit requested by a
member and approved, in their sole discretion, by the board of trustees.
1 (Ord. No. 58-99-26, § 2, 7-10-00)
(5) A Deferred-Retirement Option Program (DROP), shall be established and administered
by the Board of Trustees of the City of Atlantic Beach Police Officers' Retirement System.
Such DROP shall be a self-directed program. A Police Officer Employee may enter the
DROP as set forth herein.
(a) Eligibility.
A participant of the City of Atlantic Beach Police Officers' Retirement System may enter
into the DROP on the first day of the month following the attainment of an age that is five
(5) years prior to the age and service retirement requirements provided in the City of
Atlantic Beach Code section 2-310.5(b). However, any participant entering the DROP prior
to attaining an age requirement as stated in section 2-310.5(b) shall have their benefit
actuarially reduced for each year under such age requirement.
Participants who attained eligibility prior to the enactment of the DROP shall be afforded
the option of participating immediately. This option must be exercised no later than ninety
(90) days after the Board of Trustees provides notice, of this option to the affected
employee.
(b) Written Election.
' A participant electing to participate in the DROP must complete and execute the proper
forms,which shall be supplied by the Board of Trustees. Election into the DROP is
' irrevocable once a participant enters the DROP.
(c) Limitation/Disqualification for Other Benefits.
' 30
AGENDA ITEM#7B
FEBRUARY 9,2004 t
A participant may participate in the DROP only once.After commencement of
participation in the DROP, the employee shall no longer earn or accrue additional vesting
credits toward retirement benefits and shall not be eligible for disability or pre-retirement
death benefits in the City of Atlantic Beach Police Officers' Retirement System.
(d) Cessation or Reduction of Contributions. '
Upon the effective date of a participant's commencement of participation in the DROP, the
participant's contributions to the City of Atlantic Beach Police Officers' Retirement System
shall be discontinued.
(e) Benefit Calculation. •
'
For all City of Atlantic Beach Police Officers' Retirement System purposes, the service and
vesting credits of a participant participating in the DROP shall remain as they existed on
the effective date of commencement of participation in the DROP. This shall include
current and future Cost of Living Adjustments (COLA) as provided in.the City of Atlantic
Beach Code of Ordinances. The participant shall not earn or be credited with any
additional vesting credits after beginning DROP participation. Service thereafter shall not
be recognized by the City of Atlantic Beach Police Officers' Retirement System or used for
the calculation or determination of any benefits payable by such Retirement System. The
final average compensation of the participant shall remain as it existed on the effective date
of commencement of participation in the DROP. Payment for unused Compensatory Time
shall be made when the participant enters the DROP and shall be utilized in determining
the final average compensation. Payment for accrued unused leave (vacation, holiday, etc.)
shall be made when the participant actually terminates employment with the City.
Earnings thereafter shall not be recognized by the Retirement System or used for the
calculation or determination of any benefits payable by the Retirement System.
(f) Payments to DROP Account.
The monthly retirement benefits,including any future cost of living increases,that would
have been payable had the participant elected to cease employment and receive a normal
retirement benefit shall be deposited into the participant's DROP account.
(g) DROP Account Earnings.
Earnings of each DROP account shall be in accordance with the self-directed options
selected by the participant and shall continue for up to sixty (60) months at which time all
deposits to the participant's account shall cease. Neither the City. the Retirement System
nor the system's Board of Trustees shall have any responsibility or liability for any of the
self-directed options selected by the participant.
(h) Maximum Participation. ,
A participant may participate in the DROP for a maximum of sixty (60) months. At the
conclusion of the sixty (60) months, the participant's DROP account deposits shall cease.
The participant may terminate DROP participation by terminating from covered city
employment on a date prior to sixty (60) months from the date the participant entered the
DROP. ,
A participant that elects to participate in the DROP may participate for a maximum of sixty
(60) months. At the conclusion of the maximum time period,the participant's covered city
employment must terminate pursuant to the resignation submitted by the participant as
part of the DROP application.The participant may terminate DROP participation by
31 '
I AGENDA ITEM#7B
FEBRUARY 9,2004
I
terminating from covered city employment on a date prior to sixty (60) months from the
date the participant entered the DROP.
(i) Expenses.
I
All administrative fees charged for the administration and operation p on of the participant's
DROPself-directed account shall be in accordance with the self directed options selected by the
Iparticipant.
1 (j) Payout.
(i) Upon the termination of a participant's covered City employment(for any reason,
whether by retirement, resignation, discharge or death), the retirement benefits payable
to the participant or to the participant's designated beneficiary shall be paid to the
participant,the participant's designated beneficiary or the participant's estate and shall
no longer be deposited into the participant's DROP account.
I
(ii) Within thirty days after the end of any calendar quarter following the termination
of a participant's employment, the balance in the participant's DROP account shall be
I
payable in accordance with the self-directed options selected by the participant.
Regardless of the option selected by the participant,the Board of Trustees has the right to
accelerate payments in order to comply with Section 401(A)(9)of the Internal Revenue
I Code and the right to defer payments to comply with Section 415 of the Internal Revenue
Code.
I (k) Death.
If a DROP participant dies before the account balance is paid out in full,the participant's
I designated beneficiary shall have the same rights as the participant to elect and receive the
pay-out options set forth in paragraph j above. DROP payments to a beneficiary shall be in
addition to any retirement death benefit payable to the participant. Participants who are or
I have been DROP participants are not eligible for pre-retirement death or disability
benefits.
(1) Forms.
I
The forms and notices for use in administering the DROP shall be approved by the Board
of trustees.
I (m) Amendments.
I The City Commission may amend the DROP at any time. Such amendments shall be
consistent with the provisions covering deferred retirement option plans set forth in any
applicable collective bargaining agreement and shall be binding upon all future DROP
I participants and upon all DROP participant's who have balances in their accounts.Such
amendments may increase the expense, decrease the account earnings, or limit or restrict
the payout options.
ISec. 2-310.12. Death while in city employment; elective survivor pension.
(a) Each member may,on a form provided for that purpose, signed and filed with the board of
I
trustees,designate a beneficiary(or beneficiaries)to receive the benefit,if any, which may be payable in
the event of his/her death,and each designation may be revoked by such member by signing and filing
with the board of trustees a new designation of beneficiary form.
I32
• AGENDA ITEM #7B
FEBRUARY 9,2004
(b) Upon the death of a member who has a valid designation-of-beneficiary in force, the beneficiary,
if living, shall be paid a pension benefit computed according to section 2-310.10 in the same manner in all
respects as if the member had elected Option B at the one hundred (100) percent level provided in Section
2-310.11 and retired the day preceding his/her death, notwithstanding that the member may not have
satisfied the conditions for retirement. Provided, that if the member had at least five (5) years of credited
service at the time of death, his or her beneficiary shall be entitled to all benefits otherwise payable to the
member at early or normal retirement age paid in the standard benefit form (ten (10)year certain and life
thereafter). Upon a member's retirement, entry into DROP, resignation, or termination as a city employee,
eligibility for the death benefit payable under section 2-310.10 will automatically terminate.
(c) If a member failed to name a beneficiary in the manner prescribed in subsection (a) above, or if
the beneficiary (or beneficiaries) named by a deceased member predeceases the member, the death
benefit, if any, which may be payable under the plan with respect to such deceased member, shall be paid
by the board of trustees to the estate of such member, provided that in any of such cases the board of
trustees, in its discretion, may direct that the commuted value of the remaining monthly income payments
be paid in a lump sum. Any payment made to any person pursuant to this subsection shall operate as a
complete discharge of all obligations under the plan with regard to such deceased member and shall not
be subject to a review by anyone, but shall be final, binding, and conclusive on all persons ever interested
hereunder. Notwithstanding any other provision of law to the contrary, the surviving spouse of any
member killed in the line of duty shall not lose survivor retirement benefits if the spouse remarries.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.13. Alternate death while in city employment; pension to spouse and/or children.
(a) The applicable benefits provided in subsections (b) and (c) of this subsection or, if the member
designated the member's spouse or children, as set forth below, the benefits provided in section 2-310.12,
whichever are greater, shall be paid if a member of the retirement system has five (5) or more years of
credited service and dies while in the employ of the city. The provisions of this section shall not apply in
the case of death of a member who has a valid designation of beneficiary, other than the member's spouse
or children as set forth below, in force pursuant to section 2-310.132. J
(b) The person to whom the deceased member was married at the time of death shall be paid a
pension equal to seventy-five (75) percent of the amount of Option AC-Retirant's life only pension
computed according to the applicable subsection of section 2-310.11, based on the deceased member's
final average compensation and credited service.
A surviving spouse's pension shall terminate upon death. J
(c) The deceased member's unmarried children under the age of nineteen(19)years, or twenty-three
(23) years if enrolled full-time as a student in an educational institution, shall each be paid an equal share
of a retirant's life only pension benefit computed according to the applicable subsection of section 2-
310.11, based on the deceased member's final average compensation and credited service.The percent
shall be zero (0)percent during periods a pension is being paid in accordance with the provisions of
subsection(b); fifty(50)percent during periods a pension is not being paid in accordance with the
provisions of subsection (b).
A surviving child's pension shall terminate upon attainment of age nineteen (19)years or, if over nineteen
(19)years but less than twenty-three (23)years, upon no longer being enrolled as a full-time student in an
educational institution, marriage, or death, and the pension of each remaining eligible child shall be
recomputed.
(Ord. No. 58-99-26, § 2, 7-10-00)
I
33 I
' AGENDA ITEM#7B
FEBRUARY 9,2004
' Sec. 2-310.14. Maximum amount of pension.
(a) The normal retirement pension payable to a member of the retirement plan who has not
' previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100)
percent of his/her final average compensation. However, nothing contained in this section shall apply to
supplemental retirement benefits or to pension increases attributable to cost-of-living increases or
' adjustments.
(b) No member of the system covered by this article who is not now a member of such system shall
be allowed to receive a retirement pension which is, in part or in whole, based upon any service with
' respect to which the member is already receiving, or will receive in the future, a retirement pension from
another retirement system or plan; provided that this restriction does not apply to social security benefits
or federal benefits under Chapter 67,Title 10, U.S. Code.
1 (c) In no event may a member's annual benefit exceed the lesser of:
' (1) Any limits (adjusted for cost of living) in accordance with section 415(d) of the Internal
Revenue Code, but only for the year in which such adjustment is effective); or
' (2) Notwithstanding the provisions of paragraph (a) and (b) above, the annual benefit
payable to a member having at least fifteen (15) years of service shall not be less than the
annually adjusted amount provided in the provisions of IRC Section 415(d).
(3) Compensation in excess of limitations set forth in Section 401(a)(17) of the Internal
Revenue Code shall be disregarded. The limitation on compensation for an "eligible employee"
shall not be less than the amount, which was allowed to be taken into account hereunder as in
' effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first
plan year beginning after December 31, 1995.
(4) If the member has less than ten (10)years of service with the employer(as defined in
Section 415(b)(5) of the Internal Revenue Code and as modified by Section 415(b)(6)(D) of the
Internal Revenue Code), the applicable limitation in subsection(1) or subsection (2) of this
subsection shall be reduced by multiplying such limitation by a fraction,not to exceed one (1).
The numerator of such fraction shall be the number of years, or part thereof, of service with the
employer; the denominator shall be ten (10)years. For purposes of this subsection, annual benefit
means a benefit payable annually in the form of a straight-line annuity with no ancillary or
incidental benefits and with no member or rollover contributions.To the extent that ancillary
benefits are provided, the limits set forth in subsections (1) and(2) of this subsection will be
reduced actuarially, using an interest rate assumption equal to the greater of five (5)percent or the
interest rate used in the most recent annual actuarial valuation, to reflect such ancillary benefits. If
distribution of retirement benefits begins before age sixty-two (62), the dollar limitation as
described in subsection(1) of this subsection shall be reduced actuarially using an interest rate
' assumption equal to the greater of five (5)percent or the interest rate used in the most recent
annual actuarial valuation; however,retirement benefits shall not be reduced below seventy-five
thousand dollars ($75,000.00) if payment of benefits begins at or after age fifty-five (55). If
retirement benefits begin after age sixty-five (65), the dollar limitation of subsection (1) of this
subsection shall be increased actuarially using an interest assumption equal to the lesser of five
(5)percent or the interest rate used in the most recent annual actuarial valuation. For purposes of
this subsection, average annual compensation for a member's three (3) highest paid consecutive
years means the member's greatest aggregate compensation during the period of three(3)
consecutive years in which the individual was an active member of the plan. The special
maximum retirement income limitation applicable to police officers at the normal retirement date
shall be as set forth in Section 415(g) and (h) of the Internal Revenue Code of 1986 and
amendments thereto and such amount shall be adjusted in accordance with regulations
promulgated by the secretary of the treasury or his/her delegate.
34
AGENDA ITEM #7B
FEBRUARY 9,2004
(Ord. No. 58-99-26, § 2, 7-10-00)
iiSec. 2-310.15. Subrogation rights.
If a member of the retirement system, retirant, or beneficiary becomes entitled to a pension as the result of
an accident or injury caused by the act of a third party, the retirement system shall be subrogated to the
rights of such member, retirant or beneficiary against such third party to the extent of pensions which the
retirement system pays or becomes liable to pay on account of such accident or injury.
(Ord. No. 58-99-26, § 2, 7-10-00)
I
Sec. 2-310.16. City contribution.
3(a) The plan shall be funded by contributions from member contributions, as provided in section 2-
310.27, state funding provided for in F.S. § 185.08, contributions from the city, and other income sources
as authorized by law. 1
(b) State funding shall be provided from premium taxes collected and disbursed pursuant to F.S. §
185.08, which moneys shall be deposited in the fund within five (5) calendar days of receipt be the city
with the understanding that these premium tax revenues shall be deposited into and become an integral3
part of this fund and may not be used for any other purpose.
(c) City contributions shall be made to the plan, on at least a quarterly basis, in an amount which, j
together with the member.contributions provided for in section 2-310.27 and the state premium taxes
funding provided for in subsection (b) and other income sources as authorized by law, sufficient to meet
the normal cost of the plan and to fund the actuarial deficiency over a period of not more than thirty (30)
years, as determined by the Florida Statutes required annual actuarial valuation.
Such contributions shall be computed as level percents of member payroll in accordance with generally
accepted actuarial principles on the basis of such rates of interest and tables of experience as the board of
trustees shall from time to time adopt. The board shall annually certify to the city the contributions
determined according to this section, and the city shall appropriate and pay to the retirement system, the j
contributions so certified.
(d) All benefits and expenses shall be paid in accordance with the provisions of this pension plan and
consistent with Florida Statutes and the Internal Revenue Code. 3
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.17. Investment of retirement system assets. 1
The board of trustees shall be the trustee of the monies and assets of the retirement system. The board
shall have full power and authority, in their sole discretion, to invest and reinvest such funds as are not
necessary for current expenditures or liquid reserves, as they may from time to time determine. The
trustees may sell, exchange or otherwise dispose of such investments at any time. The trustees shall have
3
1 the authority, in respect to any stocks, bonds, or other property, real or personal, held by them as trustees,
to exercise all such rights, powers and privileges as might be lawfully exercised by any person owning
similar stocks, bonds, or other property in his own right.The trustees are authorized to invest in those
stocks, bonds, and other securities permitted by the investment policies or guidelines adopted by the
trustees in compliance with all requirements and limitations of Chapter 185, of the Florida Statutes.
(a) Delegation and allocation of investment functions. 3
(1) The trustees shall have the power and authority to appoint one(1) or more investment
managers who shall be responsible for the management, acquisition, disposition, investing, and
reinvesting of such of the assets of the trust fund as the trustees shall specify. Any such
appointment may be terminated by the trustees upon written notice. The fees of such investment
35 j
' AGENDA ITEM #7B
FEBRUARY 9,2004
' manager shall be paid out of the trust fund. The trustees shall require that the investment manager
acknowledge in writing that it is a named fiduciary with respect to the plan.
' (2) In connection with any allocation or delegation of investment functions under this
section, the trustees shall, from time to time, adopt appropriate investment policies or guidelines
that comply with all requirements and limitations of Chapter 185 of the Florida Statutes.
(Ord. No. 58-99-26, § 2, 7-10-00)
' Sec. 2-310.18. Expenses.
The expenses of administering the retirement system, including the premiums for fiduciary liability and
waiver of recourse insurance covering the board of trustees and the retirement system, shall be paid by the
Plan city.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.19. Method of making payments.
All payments under this division shall be made according to the provisions of the city charter and city
ordinances governing the disbursement of city monies. No payment shall be made that has not been
authorized by . -. - . - -; - . - . the board of trustees.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.20. Assignments prohibited.
(a) Generally.The right of a person to a pension, disability, death, or survivor benefit, and any other
right accrued or accruing to any person under the provisions of this division and any monies in assets
' belonging to the retirement system, shall not be subject to execution, garnishment, attachment, the
operation of bankruptcy or insolvency law, or any other process of law whatsoever, and shall be
unassignable except as is specifically provided in this division. If a member is covered under a group
' insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be
permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may
authorize the board of trustees to deduct required payments to continue coverage under the group
1 insurance or prepayment plan. The city shall have the right of set off for any claim arising from
embezzlement by or fraud of a member,retirant, or beneficiary in addition to any other remedies,
including forfeiture of benefits, provided by law.
(b) Direct transfers of eligible rollover distributions. This subsection applies to distributions made on
or after October 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise
limit a distributee's election under this section, a distributee may elect, at the time and in the manner
' prescribed by the board of trustees, to have any portion of an eligible rollover distribution paid directly to
an eligible retirement plan specified by the distributee in a direct rollover.
(1) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the
credit of the distributee, except that an eligible rollover distribution does not include any distribution that
is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made for
the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee
and the distributee's designated beneficiary or for a specified period of ten (10) years or more; any
distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue
Code; and the portion of any distribution that is not includable in gross income (determined without
regard to the exclusion for net unrealized appreciation with respect to employer securities).
(2) "Eligible retirement" means an individual retirement account described in Section 408(a) of the
Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal
Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code, or a qualified
trust described in Section 401(a) of the Internal Revenue Code, that accepts the distributee's eligible
36
AGENDA ITEM #7B
FEBRUARY 9,2004 j
rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an
eligible retirement plan is an individual retirement account or individual retirement annuity.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.21. Errors.
Should the board of trustees determine that any member, retirant, or beneficiary is being paid from the
retirement system more or less than is correct, the board of trustees shall correct the error and, as far as
practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which
the member, retirant, or beneficiary was correctly entitled shall be paid.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.22. Protection against fraud; forfeiture.
(a) Whoever willfully and knowingly makes, or causes to be made, or assists, conspires with, or
urges another to make, or causes to be made, any false, fraudulent, or misleading oral or written
statement, or withholds or conceals material information with the intent to obtain any benefit available
under this retirement system shall be in violation of section 185.185 of the Florida Statutes. Any member
convicted of such violation may, in the discretion of the board of trustees, be required to forfeit the right
to receive any or all benefits he/she may be otherwise be entitled to under this retirement system. For
purposes of this subsection, "conviction" shall mean a determination of guilt that is the result of a plea or
trial, regardless of whether adjudication is withheld.
(b) Any member who is convicted as provided in F.S. Section 112.3173 of a specified offense
committed prior to retirement, or whose employment is terminated by reason of an admitted commission,
aid, or abatement of a specified offense, shall forfeit all rights and benefits under this pension plan, except
for return of accumulated contributions as of his/her date of termination.
(Ord. No. 58-99-26, § 2, 7-10-00) 3
Sec. 2-310.23. Response to claims and inquiries.
All inquiries shall be answered promptly. The final decision for approval of benefits shall be made by the
board of trustees.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.24. Denial of benefits.
If any claim for benefits is denied, suspended or terminated, in whole or in part, then the claimant shall be
furnished with a notice of denial, suspension, or termination no later than thirty (30) days after the final
decision has been made.The notice shall be provided in writing, by certified mail, and shall set forth:
(1) The specific reasons for the denial, suspension, or termination of benefits;
(2) The specific references to the pertinent provisions of the pension plan upon which the action is J
based and a copy of the pension plan provisions shall be furnished with this notice;
(3) A description of any additional material or information necessary for the claimant to perfect the
claim, along with an explanation of why such material or information is necessary; and
(4) An explanation of the claims review procedure.
(Ord. No. 58-99-26, § 2, 7-10-00)
I
37 • 1
' AGENDA ITEM#7B
FEBRUARY 9,2004
' Sec. 2-310.25. Claim review procedure.
(a) Requests for review. If a claim for benefits is denied, suspended or terminated, in whole or in
' part, then the claimant may appeal to the board of trustees for a full and fair review. In order to file an
appeal, a written notice of appeal must be submitted within sixty (60) days after the notice of denial,
suspension, or termination is received by the claimant (or such later time as the board of trustees deems
' reasonable).The notice of appeal shall briefly describe the grounds upon which the appeal is based on
shall be signed by the claimant. The claimant shall be allowed to review all pertinent documents during
normal business hours, and shall be permitted to submit comments and a statement of issues for
consideration by the board of trustees.
' (b) Representation. A claimant may designate an attorney or any other duly authorized person to act
as his or her representative at any stage of the claims review procedure. Any rights provided to the
' claimant during the claims review procedure shall automatically extend to the representative designated
by the claimant. A designation of representative shall be signed by the claimant and the representative,
and shall be submitted in writing.
' (c) Claims review board. The board of trustees shall rule on all appeals brought under this section. A
decision to grant or deny an appeal shall be based solely on the record before the board of trustees, unless
' the board of trustees determines, in its sole discretion, that a hearing is necessary for the proper resolution
of the appeal.The board of trustees shall decide, by majority vote, to grant or deny an appeal. The final
decision shall be made by the board of trustees, in writing, and shall be made no later than sixty (60) days
after receipt of the notice of appeal, unless special circumstances (such as the need for a hearing) require
an extension of time. In no event, however, should the decision of the board of trustees be made later than
one hundred twenty(120) days after receipt of the notice of appeal. If an appeal is denied, in whole or in
part, then the decision shall set forth the specific reasons for the action,with specific references to those
1 pension plan provisions upon which the decision is based. The claimant shall be promptly provided with a
copy of this decision.The decision of the board of trustees shall be final and binding.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.26. Exhaustion of claims review procedure.
' No action in law or in equity shall be brought to contest a denial, suspension, or termination of benefits
until the claimant has complied with the procedures provided in section 2-310.25, unless the board of
trustees fails to render a decision as provided in 2 298(c)310.27(c). In no case, however, shall any action
be brought unless instituted within one (1) year from the time the claimant received the notice of denial,
suspension or termination provided in section 2-310.24.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.27. Member contributions.
(a) Member contributions for benefit group police bargaining unit members covered by the current
collective bargaining unit collective bargaining agreement shall be one (1)percent of salary and for other
benefit group police members shall be four and eight hundred fifteen thousandths (4.815) percent of
salary, which said contribution shall be deducted from the member's pay and paid over into the retirement
' system each pay period.
(b) The City of Atlantic Beach shall assume and pay the member contributions set forth above in lieu
of payroll deductions from members' earnings. No member shall have the option of choosing to receive
the contributed amounts directly instead of having them paid by the city directly to the retirement system.
All such contributions by the city shall be deemed and considered as part of the member's contributions
and subject to all provisions of this plan pertaining to contributions of members. Such contributions shall
additionally be considered as part of the member's compensation for purposes of determining final
average compensation and other benefits hereunder and for determining the member's hourly wage rate
for purposes of FICA contributions, worker's compensation, and overtime compensation.This city pick
38
AGENDA ITEM#7B
FEBRUARY 9,2004 j
up of contributions is a result of a commensurate reduction of each member's pay and is intended to
comply with Section 414(h)(2) of the Internal Revenue Code.
(c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years
towards retirement and before being eligible to retire under the provisions of this article he/she shall be
entitled to a refund of all of his/her contributions made to the city pension trust fund, plus any interest
accumulated at a rate of interest determined annually by the board of trustees, less any disability benefits
paid to him/her. Any such member may voluntarily leave his or her contributions in the fund for a period
of five (5) years after leaving the employ of the police department pending the possibility of his or her
being rehired by the same department, without losing credit for the time he or she has participated
actively as a police officer. If he or she is not reemployed as a police officer with the same department
within five (5) years, his or her contributions shall be returned to him or her. J
(d) If an employee who has been in the service of the city for at least five (5)years and has
contributed to the pension trust fund as provided, elects to leave his/her accrued contributions in the trust
fund, such employee, upon attaining the age as required in section 2-310.75, may retire with the actuarial
equivalent of the amount of such retirement income otherwise payable to him/her.
(e) If a member who terminates employment elects a refund of contributions and: j
(1) Some or all of the refund is eligible for rollover treatment, as defined by the Internal
Revenue Service;
(2) Elects to have such eligible distribution paid directly to an eligible retirement plan or
IRA, and
(3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid(in
such form and at such time as the distributing plan administration may prescribe). j
The distribution will be made in the form of a direct trustee-to-trustee transfer to the specified
eligible retirement plan.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.28. Benefit limitations and required distributions.
(a) Benefits paid under this city police officer employees retirement system shall not exceed the
limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by
reference.
(b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be
in accordance with the following requirements and otherwise comply with Internal Revenue Code Section
401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference:
(1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar
year following the later of the calendar year in which the member attains age seventy and one-
half(70 1/2) or the calendar year in which the member retires. Alternatively, distributions to a
member must begin no later than the applicable April 1, as determined under the preceding
sentence, and must be made over the life of the member(or the life expectancies of the member
and the member's designated beneficiary) in accordance with regulations.
(2) Distributions to a member and his/her beneficiary shall only be made in accordance with
the incidental death benefit requirements of[Internal Revenue] Code Section 401(a)(9)(G) and
the regulations thereunder.
(Ord. No. 58-99-26, § 2, 7-10-00)
39
3
I AGENDA ITEM#7B
FEBRUARY 9,2004
ISec. 2 310.29. Benefit-En-hnneements,
I • . : 'ti i 1 4C\ to .1.,11.,. tbo• • a . . d f lef-d-af
year 1997 becei}�e-ava lable to incrementally-1und Fr-ti e • , 'nb benefits,
• • • ' . :-, : • •. I by the city co• mssie-n-
I (a) Normal rcti • . • , • .• • . • • - : .. • .• : •
. . • ! •, •. : •. : . • .• • • • • . •- •• • •
.'' . ' . ••. .
•
recti inb • • • • . • • . . . • • . 1 • , . . • .
I •
•
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. • : • • • . . •:, : : . • • • I . : : :, . : : • . .ficiary d, ,. atea t tw
•
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: • " : : : : . : . : : . : •• , •, : • : • , • . •• • • , • •
. •
i
1
40
AGENDA ITEM#7B
FEBRUARY 9,2004 I
PASSED by the City Commission on first reading this day of 2004.
PASSED by the City Commission on second and final reading this day of '
2004.
ATTEST:
Maureen King, City Clerk John Meserve,Mayor
1
Approved as to form
pp and correctness:
1
Alan Jensen, City Attorney '
1
LEGEND: Underlining is new language
1
1
1
41 1
AGENDA ITEM#8B
FEBRUARY 9,2004
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Dogs to be Unleashed on the Beach
DATE: February 02, 2004
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
At the January 26, 2004 City Commission Meeting, a question was raised relative to the
feasibility of setting a time for citizens to allow their dogs to run/play/train on the beach,
unleashed. Since there are times during the year when the beach is relatively deserted, it
would appear that dogs could be allowed to run loose on the beach, under certain
conditions, without causing any serious problems. However, after reviewing and
evaluating this idea, a number of problems have been identified that would be difficult to
overcome.
Historically, Atlantic Beach has not allowed unleashed dogs on public property. With the
exception of dogs with their owners, swimming in the ocean, dogs are required to be
leashed when in public places, including the beach. The primary reason for requiring
leashes is for the safety of the public.
Aggression:
In one highly publicized Atlantic Beach incident, a woman was walking on the beach
with her dog. Two (2) unleashed dogs attacked her, and even though she picked up her
small dog, the other two (2) dogs knocked her down and killed her dog. In the past,there
have been a number of animals and people attacked on the beach.
Unfortunately, dogs have minds of their own, and they often act instinctively. A dog may
be well trained and well disciplined, but the dog may still react inappropriately when
faced with new situations. If they feel threatened, or if they feel that their owner is
threatened,then the dog may respond aggressively. Many dogs have instinctive
responses to other animals, which may provoke an aggressive response. In the absence
of a leash or other physical control mechanism, a dog can do great damage before being
stopped by its owner. In many cases, it is the owner who is bitten while trying to break
up a dogfight.
I
�! "Good Dogs"
til As a result of"good dogs" being friendly, senior citizens and children on the beach have
been injured. In one Atlantic Beach incident, an owner was walking his dog on the beach
L
L
AGENDA ITEM#8B
FEBRUARY 9,2004
without a leash. The dog was non-aggressive and friendly to people. While under the
direct supervision of the owner, the dog jumped up on an elderly woman who was
walking on the beach with her husband. The dog's toenails caught in the skin of the
woman's leg, and tore the skin from the upper thigh all the way to the ankle. The injury
was quite serious for the woman, and it was a result of a good, unleashed dog being
friendly.
Many people fear unknown dogs, regardless of the dogs' personalities or intentions. Even
a"friendly" encounter can be a frightening experience. When a dog runs up to someone
on the beach, that person may genuinely fear for his/her safety. The person may react
and respond to the dog, and sometimes the person is injured as a result. An unleashed
dog is a legitimate cause for concern, especially for senior citizens and children on the
beach. An unleashed, friendly dog can frighten and/or injure people, and the dog owner
may be powerless (or in some cases unwilling) to prevent it.
General:
There have been numerous accounts of beach excursions that were unfavorably spoiled
by unleashed dogs. Dogs have urinated on chairs, coolers, clothing, lunches, and even
people who were on the beach. Dogs on the beach have dug up sea turtle nests, and they
have kicked up sand and shaken water on people. Dogs have damaged or destroyed the
property of citizens on the beach. Often, the owners of the dogs have been present, but
they were either unwilling or unable to prevent the behavior.
Details:
The general concept of setting a time when dogs can run unleashed on the beach appears
to be simple. However, when trying to establish the details, problems arise immediately.
The beach is essentially the largest public recreational park in the City of Atlantic Beach.
Over the course of a year, there are many citizens who walk, run,jog, cycle, swim, surf,
picnic, sunbathe, or otherwise enjoy the beach. Depending on the season, these activities
tend to vary according to seasons and activities. For example, during the winter, some
people may use the beach more often during the middle of the day when the temperatures
are warmest. During the summer, the same people may use the beach in the mornings
and evenings to avoid the mid day heat. It is unlikely that the city can establish a stable,
daily time for unleashed dogs on the beach, and varying the times would make
enforcement confusing at best.
If the city identified times for unleashed dogs on the beach, then some citizens would
interpret the move to be a deprivation of the citizens' use of the beach. Some citizens are
not going to go onto the beach with the knowledge that dogs are running loose.
Additionally, there are non-citizens who visit Atlantic Beach, and odds are slim that they
are going to be able to know and understand the rules governing the dogs.
L
E
AGENDA ITEM#8B
FEBRUARY 9,2004
If Atlantic Beach allows unleashed dogs on the beach, then Atlantic Beach should expect
dog owners throughout northeast Florida to bring their dogs to Atlantic Beach. None of
the jurisdictions in the immediate area allow unleashed dogs.
If the City were to consider unleashed dogs, then what locations would be acceptable?
Would the entire beach become a dog park? Or, would the dogs be restricted to a specific
area? How would the boundaries be marked? What would be done about feces? Would
maintenance be required? Would there be any monitoring of the area? How would the
city clearly communicate the times and restrictions to everyone affected?
Summary:
Over the past twenty (20) years, citizens have repeatedly requested more animal control
enforcement, especially dealing with unleashed dogs. The animal control codes have
been reviewed and revised repeatedly, and even though a number of suggestions have
been made relative to dogs on the beach, the existing codes reflect the prevailing
concerns and opinions relative to these issues. The codes are being enforced on a regular
basis, and citizens are increasingly complying with them. Changing the code to allow
unleashed dogs on the beach would be counterproductive to the ongoing public policy
and enforcement efforts.
BUDGET: None
RECOMMENDATIONS: To retain the existing restrictions in the City Code.
ATTACHMENTS: None
REVIEWED BY CITY MANAGER:
A DA ITEM NUMBER:
V
AGENDA ITEM#8C
FEBRUARY 9,2004
L
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Contract for Local Law Enforcement Block Grant(JAX)
SUBMITTED BY: John Campbell
DATE: 01-30-2004
BACKGROUND:
Beginning October 1,2003 the Police Department began establishing a specialized Crime Suppression Unit
(CSU). This unit will focus law enforcement efforts,resources,and staff intensive action on specific
identified goals within the city.The CSU will engage in a variety of strategies including street level law
enforcement,on-going protracted criminal investigations of specific natures,criminal intelligence
gathering,sexual predator and offender tracking and monitoring,meetings with community leaders,
surveys of citizens living in the effected areas,foot patrols,bicycle patrols,and various other means to
combat narcotics,prostitution,and other activities that affect the quality of life in Atlantic Beach.
The police department submitted,and was awarded,several grants to fund the majority of the cost for the
CSU,one of which is a portion of the Local Law Enforcement Block Grant Funding through the City of
Jacksonville. This grant is a ten percent(10%)matching grant and is for a total amount of$17,600. This
grant money will be used to pay for communications costs, such as radio airtime and cellular telephone
costs;rental/leasing of two unmarked undercover vehicles and the gas for same;and for various training
expenses for CSU.
To acquire this funding through the City of Jacksonville Local Law Enforcement Block Grant money,we
need the authorization for the Mayor to sign the contractual paperwork. The City Attorney has reviewed
' the agreement,and all recommended changes have been made.
BUDGET:
' The10%matching cost($1,760.00)for this grant is funded from within the grant account that is already
funded in the 2003-04 City Budget.
' RECOMMENDATION:
We recommend the mayor be authorized to sign the contract with the City of Jacksonville to accept this
grant money for the CSU.
ATTACHMENTS:
LLEBG Funding Request Budget Schedule,Spreadsheet showing other grant and matching costs for CSU,
' and the contract to be signed by the mayor accepting the LEBG funds of$17,600.
' REVIEWED BY CI �a _ ► -
AGENDA ITEM#8C
FEBRUARY 9,2004
Local Law Enforcement Block Grant Funding Request
Budget Schedule
2003-2005 Fiscal Year
Justification and/or Documentation For Funds Requested
(page 2 of 2)
Name of Organization: City of Atlantic Beach
Name of Program: Crime Suppression Unit 10% Match for LLEBG
The Project Budget Schedule Includes Nine (9) Budget Categories(Salaries, Benefits, Contractual Services, Expenses,
Operating Capital Outlay, Data Processing Services, Indirect Costs, Other Recurring Costs,and Other Non-Recurring Costs)
and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget.
Type or Print Dollar Amounts Only In Appropriate Categories and Leave Others Blank
BUDGET CATEGORY FEDERAL MATCH TOTAL
SALARIES: $
BENEFITS: $
CONTRACTUAL SERVICE Vehicle Leases 10,440 1,160 $ 11,600
Air Time for computers and radios
EXPENSES: G/etS 2,7001 300 $ 3,000
OPERATING CAPITAL OUTLAY: $ -
ADP DATA PROCESSING: $
INDIRECT COSTS: Training 2,700 300 $ 3,000
OTHER RECURRING COSTS: $
OTHER NON-RECURRING COSTS: $ -
TOTAL
15,840 1,760 17,600
AGENDA ITEM#8C
FEBRUARY 9,2004
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' AGENDA ITEM#8C
FEBRUARY 9,2004
1
AGREEMENT
' THIS AGREEMENT, made and entered into this day of , 2003 by
and between the CITY OF JACKSONVILLE, a municipal corporation in Duval County,
Florida, hereinafter referred to as the "CITY," and the CITY OF ATLANTIC BEACH ,
hereinafter referred to as the "CONTRACTOR",
' WITNESSETH:
WHEREAS, Ordinance 2003-1306-E of the City of Jacksonville appropriated United
' States Department of Justice, Local Law Enforcement Block Grant funds [Local Law
Enforcement Block Grant Act of 1995 and Omnibus Fiscal Year 1996 Appropriations
Act (Public Law 104-134)] and City of Jacksonville matching funds for the period of
' November 1, 2003 through September 30, 2004, for the continuation of the CITY OF
ATLANTIC BEACH (CRIME SUPPRESSION UNIT), as one of the programs
authorized by the Duval County Law Enforcement Advisory Board; and
WHEREAS, the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance approved the City's grant application, including the provision in the
' application narrative and budget line items identifying the CONTRACTOR as the
provider of services in support of the CITY OF ATLANTIC BEACH (CRIME
SUPPRESSION UNIT); and
' WHEREAS, the General Government Award Committee (GGAC) considered the
Department of Community Services' request for approval of a Proprietary Award for
' professional services to be provided by the CONTRACTOR to operate the CRME
SUPPRESSION UNIT; and
' WHEREAS, on the day of , 2003, GGAC recommended to the
Mayor the approval of the selection of the CONTRACTOR as a provider of services in
support of the Duval County Law Enforcement Advisory Board program; and
' WHEREAS, on the day of 2003, the
Mayor approved the
aforementioned GGAC recommendation, attached hereto as Exhibit B, and made a part
' hereof; and
' WHEREAS, it is in the best interest of the CITY to enter into this contract with the
CONTRACTOR for the continuation of a crime prevention, intervention, and crime •
reduction program, entitled, CITY OF ATLANTIC BEACH (CRIME SUPPRESSION
' UNIT), currently being conducted by the CONTRACTOR, consistent with the goals of
the Duval County Law Enforcement Advisory Board; and
' WHEREAS, the CONTRACTOR'S services are deemed important to the success of the
Duval County Law Enforcement Advisory Board program; and
' WHEREAS, the CITY hereby engages the services of the CONTRACTOR to perform
the services described in Exhibit A, in support of the Duval County Law Enforcement
Advisory Board program, attached hereto, and made a part, hereof; now therefore
1
' AGENDA ITEM#8C
FEBRUARY 9,2004
IN CONSIDERATION of the mutual premises and covenants, theparties
agreeas
follows:
ARTICLE I
' 1.0 Incorporation of Recitals:
The above stated recitals are true and correct, and by this reference, are incorporated
' herein and made a part thereof.
ARTICLE II
2.0 Supervision: The CONTRACTOR agrees to perform the required services under the
coordination and administration of the Department of Community Services, City of
' Jacksonville.
ARTICLE III
' 3.0 Scope of Services: The CONTRACTOR agrees to provide services as described in
Exhibit A, attached hereto and made part hereof.
' ARTICLE IV
4.0 General Conditions:
' CONTRACTOR agrees to do as follows:
' A. To accept the funds as appropriated in accordance with the terms of this
. Agreement, the provisions of the Ordinance appropriating said funds;
[I B. To comply with all provisions of Chapter 118, Ordinance Code, as it may
i be amended form time to time, relative to recipients of grant funds. A true
and correct copy of Chapter 118, Ordinance Code is attached hereto as
Exhibit C, and, by this reference is made a part hereof and is incorporated
herein in its entirety;
' C. To abide by Chapter 119, Florida Statutes, as from time to time amended,
attached hereto as Exhibit D, and by this reference, is made a part hereof;
' and
D. The RECIPIENT agrees to include the statement "This program is
funded in whole or in part by the City of Jacksonville, Department of
Justice, and Local Law Enforcement Block Grants" or similar
language agreed to in writing by both parties when referencing this
program.
E. The RECIPIENT agrees to abide by the standards outlined in the CITY
PUBLIC SERVICE GRANT STANDARDS as from time to time
amended,attached here to as Exhibit E and, by this reference, is made a
part hereof. Failure of the RECIPIENT to perform in accordance with the
attached CITY PUBLIC SERVICE GRANT STANDARDS will
2
' AGENDA ITEM#8C
FEBRUARY 9,2004
constitute a breach of this Agreement and will stand as grounds for
withholding of funds from any CITY source under this Agreement, or any
other agreement and for termination of this Agreement and may require
the return of all funds paid to the RECIPIENT under this Agreement upon
' demand by the Director of the Department of Community Services or
his/her designee. Attached hereto as Exhibit E, and by this reference, is
made a part hereof; and
F. To return to the CITY within fifteen (15) days of demand therefor all
CITY funds paid to said CONTRACTOR under the terms of this
' Agreement upon the City Council's finding that the terms of any
Agreement executed by the CONTRACTOR, the provisions of any
Ordinance appropriating funds to the CONTRACTOR, or the provisions
' of said Chapter 118 have been violated by the CONTRACTOR; and
G. To return to the CITY within fifteen(15) days of demand all funds
' expended for disallowed expenditures as determined by the City Council
Auditor of the City of Jacksonville in accordance with Part 4 of said
Chapter 118 and as described as follows:
1. To pay for "Bad Debts"--losses arising from uncollectable
accounts and other claims, and related costs, are not allowable.
2. To pay for "Contingencies"--contributions to a contingency reserve or
any similar provision for unforeseen events are not allowable.
' 3. To make "Contributions or Donations"--contributions and donations
are not allowable.
' 4. To pay for "Entertainment"--costs of amusements, social activities, and
incidental costs relating thereto, such as meals,beverages, lodgings,
rentals, transportation,and gratuities are not allowable.
5. To pay "Fines and Penalties"--costs resulting from violations of,or
failure to comply with, federal, state, and local laws and regulations are
not allowable.
' 6. To pay "Governor's Expenses"--the salaries and expenses of the Office
of the Governor of a state or the chief executive of a political subdivision
' are considered a cost of general state or local government and are not
allowable.
' 7. To pay "Legislative Expenses"--the salaries and other expenses of the
State Legislature of similar local governmental bodies such as county
supervisors, city councils, school boards, etc., whether incurred for
' purposes of legislation or executive direction, are not allowable.
8. To pay "Interest and Other Financial Costs"--interest on borrowings
' (however represented),bond discounts, costs of financing and refinancing
3
' AGENDA ITEM#8C
FEBRUARY 9,2004
operations, and legal and professional fees paid in connection therewith,
' are not allowable; and
H. To produce all documents required by the Council Auditors; and in the case of
' a CONTRACTOR receiving Twenty-Five Thousand Dollars ($25,000) or
more from the CITY, from any combination of CITY funding sources, to
furnish the city a copy of an audit report conducted in accordance with general
' accepted auditing standards, Government Auditing Standards, issued by the
Comptroller General of the United States, and if applicable, the provisions of
Office of Management and Budget Circular A-133, "Audits of Institutions of
' Higher Education and other Nonprofit Organizations", including a report on
compliance with laws and regulations based on an audit of financial
statements performed in accordance with Government Auditing Standards and
' a report on internal control structure required by OMB Circular A-133. This
report shall be due within 120 days of the close of the CONTRACTOR'S
fiscal year. A copy of OMB Circular A-133 is attached here to as Exhibit F
' and, by this reference, is made a part hereof; and
I. To maintain a separate bank demand account and/or time deposit account and
' deposit and keep all city funds received and no other funds in accounts and
make all disbursements of city funds from said accounts.
•
' ARTICLE V
1 5.0 Assignment and Subcontracts:
5.1.The CONTRACTOR shall not assign any rights or duties under this Agreement to
' any other party not specifically identified with respect to assignment in Exhibit A
without the prior written permission of the CITY. If the CONTRACTOR attempts to
assign any rights or duties without securing prior written permission, this Agreement
' shall be declared void by the CITY and the CONTRACTOR thereupon agrees to
remit to the CITY all payments made pursuant to this Agreement for the entire term
' of the Agreement within five(5) days from demand.
5.2. The CONTRACTOR shall not enter into any subcontracts with any subcontractor
' not specified in Exhibit A for any of the work contemplated under this Agreement
without obtaining the prior written approval of the CITY, which written approval
shall be attached to the original Agreement and subject to such conditions and
' provisions as the CITY may deem necessary; provided, however, that, not
withstanding the foregoing, unless otherwise provided herein, such prior written
approval shall not be required for purchase by the CONTRACTOR of such articles,
' supplies, equipment, and services which are both necessary and incidental to the
performance of the work required under this Agreement; and provided further,
however, that no provision of this clause and no such approval by the CITY of any
' subcontracts shall be deemed in any event or manner to provide for the incurrence of
any obligation of the CITY in addition to the total agreed upon price contained
herein.
' 4
' AGENDA ITEM#8C
FEBRUARY 9,2004
ARTICLE VI
' 6.0 Funding:
' 6.1 The CITY agrees to pay the CONTRACTOR a total amount not to exceed
SEVENTEEN THOUSAND SIX HUNDRED ($17,600.00) for services rendered
under this contract. The CITY agrees to pay the CONTRACTOR the total sum of
' SEVENTEEN THOUSAND SIX HUNDRED ($17,600.00)for the program or
activity,payable in the amounts, format, and at the times as indicated below:
' 6.2 The CITY shall pay the CONTRACTOR on a quarterly basis as reimbursement for
services rendered to eligible clients in accordance with this contract, upon
presentation to the City of an itemized statement, submitted quarterly and due within
' 10 days following the last day of each quarter, signed by an authorized
representative of the CONTRACTOR, certifying that the billing is made subject to
the provisions and penalties of Section 837.06 Florida Statutes.
' 6.3 The CITY'S Contract Administrator will be responsible for monitoring the
administrative and programmatic functions of the provisions of this agreement. The
' CITY'S Contract Administrator for this agreement is located in the Community •
Services Department, Office of the Director.
I . 6.4 The CONTRACTOR shall submit quarterly budget and programmatic reports in a
format mutually agreed to by the CITY and the CONTRACTOR, including, but not
limited to: the services rendered, outcomes for programs supported, and an itemized
' statement of expenditures relating to budget categories set forth in Exhibit A. The
reports shall be signed by an authorized representative of the CONTRACTOR. The
CONTRACTOR shall make available for the CITY'S inspection clear copies of
back-up documentation for all eligible project expenditures made by the
CONTRACTOR in the provision of the required scope of services during the
reporting period. The reports shall be submitted to the Program Administrator,
Department of Community Services, Office.of Director, 117 W. Duval Street, Suite
210, Jacksonville, FL 32202, no later than the 10`h of the month following the end of
the quarter. For example, the report for the quarter ending September 30th shall be
1 submitted no later than October 10, 2003.
6.5 Acceptable documentation includes copies of such documents as purchase orders,
' paid vouchers and invoices and any other such documentation as may be deemed
necessary by the CITY or by the Department of Justice.
ARTICLE VII
7.0 Any funds not spent at the end of the contract period, or not used in accord with this
' agreement or in accord with all applicable laws, rules, and regulations shall be
subject to repayment by the CONTRACTOR.
1 .
7.1 In addition to the programmatic and budget report required in Article VI, The
' CONTRACTOR shall provide other project programmatic and fiscal status
5
AGENDA ITEM#8C
' FEBRUARY 9,2004
information as may be specified and requested by the CITY or the Department of
Justice.
' 7.2 The CONTRACTOR shall maintain all records and documents for a minimum of
three (3) years from the date that final payment is received and be available for audit
' and public disclosure upon request of duly authorized persons;
7.3 The CONTRACTOR consents to such audits of its financial affairs by the Council
' Auditor, Department of Community Services, and the Department of Justice as may
be required and agrees to produce any and all documents which may be requested by
the Council Auditor, Department of Community Services, or the Department of
Justice;
' 7.4 The CONTRACTOR shall provide a completed and signed City of Jacksonville
"Conflict of Interest Certificate" in a form furnished by the CITY and made part of
this agreement as Exhibit G, attached hereto and made a part thereof;
' 7.5 In lieu of formal execution of a "Public Entity Crime Statement", the following
paragraph is acknowledged by the CONTRACTOR: "A person or affiliate who has
been placed on the State of Florida convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for
' the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public
' entity, and may not transact business with any public entity for a period of 36
months from the date of being placed on the convicted vendor list."
7.6 The CONTRACTOR shall be responsible for obtaininglicense and/or licenses
P any
which may be required for the operation of the CONTRACTOR'S, or any portion of
the program and/or delivery of services called herein and shall provide copies of
such license/licenses to the Contract Administrator.
' ARTICLE VIII
8.0 Effective Dates:
' 8.1 This contract shall be effective November 1,
2003 and shall terminate at midnight on
September 30. 2004, unless canceled sooner with or without cause, by either party,
' by giving thirty (30) days prior written notice of such intent, unless extended in
writing.
' 6
' AGENDA ITEM#8C
FEBRUARY 9,2004
1
ARTICLE IX
' 9.0 Indemnification
' 9.1 The CONTRACTOR shall act as an independent contractor, and not as an employee
of the CITY, in operating the aforementioned service. The CONTRACTOR shall
provide indemnification and proof of insurance in a manner proscribed in the City of
' Jacksonville Insurance Requirements and shall furnish a copy of this insurance
policy to the CITY. The CONTRACTOR acknowledges that funding for this
contract is provided through the United States Department of Justice. In addition to
' the insurance requirements set forth set forth above herein, the CONTRACTOR
shall ensure that the following limits of coverage required by the State of Florida
Department of Juvenile Justice are provided and maintained during the entire period
1 of the contract:
MINIMUM BASELINE INSURANCE REQUIREMENTS
The CONTRACTOR shall procure and maintain during the term of the project, insurance
of the type and in the minimum amount stated below:
' SCHEDULE LIMITS
Workers Compensation Florida Statutory Coverage
Employer's Liability $100,000 Each Accident
(including appropriate Federal Acts) $500,000 Disease Policy Limit
Each Employee/Disease
1 $100,000
Commercial General Liability $2,000,000 General Aggregate
e ate
(including premises operations, $2,000,000Products/Comp.Ops.Agg.
' and contractual liability) $1,000,000Personal/Advertising Injury
$1,000,000 Each Occurrence
$ 50,000 Fire Damage
' $ 5,000 Medical Expenses
(The City of Jacksonville shall be named as an additional insured under all of the above
' Commercial General Liability coverage)
' Automobile Liability $1,000,000 Combined Single Limit
(all automobiles-owned, hired
or non-owned)
' Professional Liability $1,000,000
' (Professional Liability coverage will be provided on an Occurrence Form or a Claims
Made Form with a retroactive date equal to at least the first date of this agreement and
with a three year reporting option beyond the annual expiration date of the policy.)
' Said insurance shall be written by an insurer holding a current certificate of authority
pursuant to chapter 624, Florida Statutes. Such insurance shall'be endorsed to provide
for a waiver of underwriter's rights of subrogation in favor of the City. Such Insurance
7
AGENDA ITEM#8C
' FEBRUARY 9,2004
shall be written by an insurer with an A.M. Best Rating of A X or better. Prior to
commencing any work on the project, Certificates of Insurance approved by the City's
Division of Insurance & Risk Management demonstrating the maintenance of said
insurance shall be furnished to the City. The certificates shall provide that no material
' alteration or cancellation, including expiration and non-renewal shall be effective until
thirty(30) days after receipt of written notice by the City.
Anything to the contrary notwithstanding, the liabilities of the Consultant under this
' Agreement shall survive and not be terminated, reduced or otherwise limited by any
expiration or termination of insurance coverage. Neither approval nor failure to
disapprove insurance furnished by the CONTRACTOR shall relieve the CONTRACTOR
or its sub-contractors from the responsibility to provide insurance
' The CONTRACTOR shall be liable for, and shall indemnify, defend and hold the CITY
harmless for all claims, suits, judgments, or damages arising from the operating of the
services required by this contract during the course of the contract to the extent allowable
' under the law.
A. The CONTRACTOR shall hold harmless, indemnify, and defend the CITY
' against any claim, action, loss, damage, injury, liability, cost and expense of
whatsoever kind or nature (including, but not by way of limitation, attorney's
fees and court costs) arising out of injury (whether mental or corporal) to
' persons, including death or damage to property, arising out of or incidental to
any negligent act or omission of the CONTRACTOR in the performance of its
duties and obligations under this Agreement;
B. In the event of joint negligence on theP art of the CITY and the
CONTRACTOR, any loss shall be apportioned in accordance with the
' provisions of Section 768.31, Florida Statutes, the Uniform Contribution
Among Tortfeasors Act, as it exists on the effective date of this Agreement; •
' C. For the purpose of this indemnification; the term "CITY" shall mean the City
of Jacksonville as a municipal corporation and shall include its elected
officials, its officers, employees, agents, and representatives.
'
ARTICLE
10.0 Civil Rights
•
10.1 There will be no discrimination against any employee or person served on account
of race, color, sex, age, religion, ancestry, national origin, handicap, or marital
status in the performance of this Agreement.
1 10.2 The CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964
(42 USC 2000d) in regard to the persons served.
1 10.3 The CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964
(42 USC 2000e) in regard to employees or applicants for employment.
' 8
' AGENDA ITEM#8C
FEBRUARY 9,2004
10.4 The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of
1973 in regard to employees or applicants for employment and clients served.
10.5 The CONTRACTOR shall comply with the Americans with Disabilities Act of
1990(Public Law 101-336) in regard to employees and persons served.
1 10.6 It is expressly understood that, upon receipt of evidence of such discrimination as
prohibited by the laws cited above, the CITY shall have the right to terminate this
' Agreement.
10.7 CONTRACTOR represents that it has adopted and will maintain a policy of
' nondiscrimination against employees or applicants for employment on account of
race, religion, sex, color, national origin, age, or handicap, in all areas of employee
relations, throughout the term of this agreement. CONTRACTOR agrees that, on
' written request, it will permit reasonable access to its records, by the Executive
Director of the Community Relations Commissions, or its successor commission or
agency, for the purpose of investigation, to ascertain compliance with the
' nondiscrimination provisions of this Agreement; provided, however, that
CONTRACTOR agrees that, if any of the obligations of this Agreement are to be
performed by a subcontractor, the provisions of this Section 9.2 shall be
incorporated into and become a part of that contract. This provision is required by
Section 126.404, Ordinance Code.
' ARTICLE XI
11.0 Background Screenings.
11.1 The CONTRACTOR shall ensure that all of its employees and volunteers at the
CONTRACTOR'S facility who are involved with the youth, as well as the
employees and volunteers of any of CONTRACTOR'S subcontractors who are
involved with youth, are of good moral character. The CONTRACTOR shall
comply with the Department of Juvenile Justice, Office of the Inspector General's
Statewide Procedure on Background Screening for Employees, Providers, and
' Volunteers. The CONTRACTOR shall comply with the requirements for
background screening as mandated in Section 985.01, Florida Statutes. Failure to
comply with this background screening procedure could result in the cancellation
' of this Agreement.
1
' 9
AGENDA ITEM#8C
FEBRUARY 9,2004
ARTICLE XII
' 12.0 Unauthorized Alien Workers.
12.1 The CITY shall consider the employment of Unauthorized alien workers a violation
' of the Immigration and Naturalization Act. The CONTRACTOR'S employment
of unauthorized alien workers shall be considered as grounds for unilateral
revocation of the award.
ARTICLE XIII
13.0 Technical Assistance:
13.1 The CONTRACTOR agrees to accept technical assistance from the CITY related
to the reporting requirements in this Agreement, and shall make any reasonable
' changes in its reporting procedures which will better facilitate the documentation
of program efficiency and effectiveness.
' 13.2 The CONTRACTOR agrees to accept technical assistance from the CITY related
to programmatic issues concerning the provision of services.
13.3 The CONTRACTOR shall notify the CITY if sufficient staff, facilities and
equipment necessary to deliver the agreed upon services cannot be maintained.
Failure to notify the CITY of any such deficiencies or to adequately provide the
' services described in Exhibit A constitutes a breach of this Agreement and grounds
for termination under Article XVIII.
' 13.4. As a provider agency of the CITY, the CONTRACTOR agrees to participate in all
CITY meetings and any other community activities reasonably requested by the
CITY.
ARTICLE XIV
14.0. Contract, Scope of Work/Services and Changes:
' 14.1 The CITY may, from time to time, require changes in the scope of the work or
services of the CONTRACTOR to be performed under this Agreement. Such
changes, including any increases or decreases in the amount of the
CONTRACTOR'S compensation, which are mutually agreed upon by the CITY
and the CONTRACTOR, shall be incorporated in written amendments to this
' agreement signed by both parties' authorized representatives.
14.2 Unless otherwise agreed upon in writing by the CITY and the CONTRACTOR,
any request by the CONTRACTOR for change of service delivery site or services
provided must be put in writing and approved by the CITY at least thirty (30) days
prior to said changes taking effect.
' 10
1 AGENDA ITEM#8C
FEBRUARY 9,2004
14.3 In the event funds to finance this Agreement become unavailable, the CITY may
t terminate the contract upon no less than twenty-four(24) hours notice in writing to
the CONTRACTOR. Said notice shall be delivered by certified mail, return
receipt requested, or in person with proof of delivery. The CITY shall be the final
tauthority as to the availability of funds.
14.4 Should it become necessary for the CITY to change the designation of the CITY'S
' Contract Administrator, the CITY shall use its best efforts to notify the
CONTRACTOR within 48 hours of such change.
ARTICLE XV
15.0. Equipment Purchases:
' 15.1 Any equipment purchased in accordance with this or previous contract(s) in
connection with aforementioned program or activity which has a unit cost of Five
Hundred Dollars ($100) or more and a useful life of one year or more shall be
taken up on an inventory record by CONTRACTOR and inventoried at least
annually; and, upon the expiration of the useful life of such equipment or upon the
' expiration of the aforementioned program or activity, whichever occurs first, such
equipment shall be transferred free and clear of all liens and encumbrances to the
CITY or disposed of as authorized in writing by the CITY.
' 15.2 The CONTRACTOR agrees to make all reasonable efforts so as to adhere to the
following City procurement requirements in their purchase of labor, materials,
' supplies and equipment that is not deemed sole source:
A.Any purchase up to $500 will require that documentation of two phone quotes
' to verify the lowest price was used in the purchase.
B. Any purchase of over$500 to $2,000 will require two written estimates.
C. Any purchase of over$2,000 to $4,000 will require three written estimates.
D.Any purchase of over$4,000 to $8,000 will require four written estimates.
E. Any purchase of over$8,000 to $12,000 will require five written estimates.
F. Any purchase of over$12,000 will require a formal bid procedure (advertising
' and sealed bids).
ARTICLE XVI
' 16.0. Residual Funds:
16.1 The CONTRACTOR agrees that any funds provided by the CITY for the operation
' of the program or activity during the period of this Agreement, which are residual
funds, remaining unspent or unencumbered by any existing (not contingent) legal
obligation, shall be returned to the CITY in the form of a negotiable instrument
not later than thirty(30) days after the close of the aforesaid period.
' 11
AGENDA ITEM#8C
its FEBRUARY 9,2004
' ARTICLE XVII
17.0. Reversion of Assets:
' 17.1 The CONTRACTOR shall transfer to the CITY any
contractual services funds or assets on hand and any accounts receivable attributed
' to the use of said funds at such time the CITY no longer does business with the
CONTRACTOR for the purposes described in Exhibit A.
' ARTICLE XVIII
18.0. Breach/ Termination:
18.1 If the CONTRACTOR breaches any term of this Agreement, the CITY may, by
' written notice of breach to the CONTRACTOR, terminate the whole or any part of
this Agreement in any of the following circumstances:
' A. If the CONTRACTOR fails to provide services called for by this
Agreement within the time specified herein or any extension thereof; or
' B. If the CONTRACTOR fails to perform any of the other provisions of this
Agreement, including the provisions set forth in the Exhibits attached to
this Agreement; or
C. If the CONTRACTOR fails to correct said breach within the number of
days stated in the written notice of breach.
' 18.2 Termination shall be upon no less than twenty-four (24) hours notice in writing.
Said notice shall bedelivered by certified mail, return receipt requested, or in
' person with proof of delivery.
18.3 Upon receipt of a notice of termination and, except as otherwise directed, the
' CONTRACTOR shall:
A. Cease working under this Agreement on the date and to the extent
Ispecified in the notice of termination.
' B. Place no further orders or subcontracts to the extent that they relate to the
performance of the work which was terminated.
C. Terminate all orders and subcontracts to the extent that they relate to the
performance of the work which was terminated.
' D. Prepare all necessary reports and documents required under the terms of
this Agreement up to the date of termination, including the final report
without reimbursement for services rendered in completing said reports •
' beyond the termination date.
12
AGENDA ITEM#8C
IFEBRUARY 9,2004
I
IARTICLE XIX
I19.0 Incorporation of Exhibits.
19.1 All Exhibits that are attached hereto are, by this reference, incorporated herein and
I
made a part hereof, as if set out in their entirety.
IARTICLE XX
20.0 Contingent Fee Prohibited.
I20.1 In conformity with Section 126.306, Ordinance Code: The CONTRACTOR
warrants that it has not employed or retained any company or person, other than a
I bona fide employee working solely for the CONTRACTOR, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual for firm, other than a bona fide employee working solely
I for the CONTRACTOR, any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of these provisions, the CITY shall have
I the right to terminate this Agreement without liability and, at its discretion, to
deduct from the contract price, or otherwise recover, the full amount of such fee,
commission,percentage, gift or consideration.
•
V
ARTICLE XXI
W 21.0 Truth in Negotiation.
I 20.1 In conformity with Section 126.305, Ordinance Coder The CONTRACTOR
understands and agrees that execution of this Agreement by the CONTRACTOR
shall be deemed to be simultaneous execution of truth-in-negotiation certificate
under this provision to the same extent as if such certificate had been executed
apart from this Agreement, such certificate being required by Section 126.305,
Ordinance Code, for professional services contracts over fifty thousand dollars.
IPursuant to such certificate, the CONTRACTOR hereby states that the wages rate
and other factual unit costs supporting the compensation hereunder are accurate,
complete and current at the time of contracting. Further, the CONTRACTOR
A agrees that the compensation hereunder shall be adjusted to exclude and significant
sums where the CITY determines the contract price was increased due to
inaccurate, incomplete or noncurrent wage rates and to the factual unit costs,
Iprovided that any and all such adjustment shall be within one (1) year following
the completion date of this Agreement.
I
1 13
' AGENDA ITEM#8C
FEBRUARY 9,2004
1 ill
ARTICLE XXII
' 22.0 Prompt Payment to Subcontractors and Suppliers.
A. GENERALLY - When Contractor receives payment from CITY for labor,
services, or materials furnished by subcontractors and suppliers hired by
Contractor, Contractor shall remit payment due (less proper retainage) to those
subcontractors and suppliers within 15 calendar days after Contractor's receipt of
payment from CITY. Nothing herein shall prohibit Contractor from disputing,
pursuant to the terms hereof, all or any portion of a payment alleged to be due to
' its subcontractors and suppliers. In the event of such a dispute, Contractor may
withhold the disputed portion of any such payment only after Contractor has
provided notice to CITY and to the subcontractor or supplier whose payment is in
dispute, which notice shall: (i) be in writing; (ii) state the amount in dispute; (iii)
specifically describe the actions required to cure the dispute; and (iv) be delivered
to CITY and said subcontractor or supplier within 10 calendar days after
' Contractor's receipt of payment from CITY. Contractor shall pay all undisputed
amounts due within the time limits imposed by this section.
' B. SMALL DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
- Notwithstanding Chapter 126, Part 6 of the Jacksonville Ordinance Code (the
"Code"), Contractor shall pay all contracts awarded with certified SDBEs and
' SBEs as defined therein their pro-rata share of their earned portion of the progress
payments made by CITY under the applicable contract within seven (7) business
days after Contractor's receipt of payment from CITY (less proper retainage). The
' pro-rata share shall be based on all work completed, materials, and equipment •
furnished or services performed by the certified SDBE or SBE at the time of
payment. As a condition precedent to progress and final payments to Contractor, •
rContractor shall provide to CITY, with its requisition for payment, documentation
that sufficiently demonstrates that Contractor has made proper payments to its
certified SDBE's or SBEs from all prior payments that Contractor has received
' from CITY. Contractor shall not unreasonably withhold payments to certified
SDBE's if such payments have been made to the Contractor. . If Contractor
withholds payment to its certified SDBE's or SBEs, which payment has been
made by CITY to Contractor, Contractor shall return said payment to CITY.
Contractor shallprovide notice to CITY and to the certified SDBE E or SBEswhose
' os
payment is in dispute, which notice shall: (i) be in writing; (ii) state the amount in
dispute; (iii) specifically describe the actions required to cure the dispute; and (iv)
' be delivered to CITY and said subcontractor or supplier within five (5) calendar
days after Contractor's receipt of payment from CITY. Contractor shall pay all
undisputed amounts due within the time limits imposed by this section. The failure
to pay undisputed amounts to the SDBE or SBE within 7 business days shall be a
breach of contract, compensable by 1% of the outstanding invoice being withheld
by the City as liquidated damages. Continued failure to adhere to this clause may
' be cause for termination.
C. THIRD-PARTY LIABILITY — The Prompt Payment requirements hereunder
' shall, in no way, create any contractual relationship or obligation between CITY
14
AGENDA ITEM#8C
FEBRUARY 9,2004
and any subcontractor, supplier, SDBE, or any third-party or create any CITY
' liability for Contractor's failure to make timely payments hereunder. However,
Contractor's failure to comply with the Prompt Payment requirements shall
constitute a material breach of its contractual obligations to CITY. As a result of
said breach, CITY, without waiving any other available remedy it may have
' against Contractor, may: (i) issue joint checks; and (ii) charge Contractor a 0.2%
daily late payment interest charge or other charges specified in Chapter 126 of the
' Code for SDBE's or SBEs and Chapter 218, Florida Statutes, for non-SDBE's or
SBEs, whichever greater.
1
ARTICLE XXIII
23.0 Governing Law/Venue/Servability
23.1 This Agreement shall be governed and interpreted by the laws of the State of
Florida. Venue for any litigation under this Agreement shall be in a court of
competent jurisdiction in Jacksonville, Duval County, Florida. Should a court of
' competent jurisdiction hold that any provision of this Agreement is unlawful or
otherwise unenforceable, that specific provision shall be stricken from this
Agreement and the remaining provisions shall continue in full force and effect.
ARTICLE XXIV
re
24.0 Entire Agreement
24.1 This Agreement represents the entire agreement by and between the parties with
respect to the Center for Prevention of Domestic Violence. No statement,
l
understanding, writing, course of action or course of conduct, by the parties or
their authorized representatives shall be binding unless contained in this
Agreement. This Agreement may be amended only by written amendment signed
' by the authorized representatives of the respective parties hereto.
[THE REMAINDER OF THIS PAGE 15 HAS BEEN LEFT BLANK
INTENTIONALLY. THE SIGNATURE PAGE TO THIS AGREEMENT
I
APPEARS ON PAGE 16]
' 15
' AGENDA ITEM#8C
FEBRUARY 9,2004
' IN WITNESS THEREOF, the parties hereto duly execute this agreement as of the day
and first above written.
1 ATTEST: CITY OF JACKSONVILLE, FLORIDA
By: By:
' Neill McArthur John Peyton
Corporate Secretary Mayor
Date: Date:
ATTEST: Atlantic Beach Police Department
1 WITNESS: FID# 59-6000267
1 Contractor's Witness Contractor's Signature
Name: Name: John Meserve
' Title: Title: Mayor
Date: Date:
1 IN COMPLIANCE with the Charter of the City of Jacksonville, I do hereby certify that
1 there is an unexpended, unencumbered and unimpounded balance in the appropriation
sufficient to cover the foregoing Agreement and that provision has been made for the
payment of monies provided therein to be paid.
1 By:
Director of Administration and Finance
1 Account: CSOD 1 F6ABPD FORM APPROVED:
CSO072/04
1 SUBOBJECT 03410 By:
Contract#
Assistant General Counsel
1
1
1
1
1 16
AGENDA ITEM#8D
FEBRUARY 9,2004
•CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
f
AGENDA ITEM: Grant Application for Animal Control
SUBMITTED BY: J. Campbell
it DATE: January 21, 2004
BACKGROUND:
In January,2003 Atlantic Beach Animal Control implemented an animal adoption
program. This program takes dogs and cats that are picked up by Animal Control
Imo► that show promise of being adoptable animals, and gives the animals a social and
adoptability test to determine behavioral elements to determine if the animal is
suitable for adoption by the public. If the animal passes the behavior elements of
the pre-adoption routine, then it is then tested for diseases and worms.
' Part of the adoption program requires mandatory spaying/neutering of the animal
by the person adopting the animal. However, there is no way to enforce this portion
of the adoption agreement after the animal leaves our control. Animal Control feels
' it is advantageous for us to have the animal spayed/neutered, de-wormed and
receives the initial shots prior to the adoptive person taking control of the animal.
This would cost $75.00 per animal adopted, and Animal control would like to obtain
111 a grant to cover the first year costs. When the grant is awarded, an adoption fee
will need to be adopted in the City Code.
The Pet Smart Corporation offers grant money to Animal Control Shelters and
Government Animal Control Agencies to set up Animal Adoption Programs, and
Spaying/Neutering Programs. This money is to be used to assist in the
' spaying/neutering of adopted animals, to encourage adoption of animals rather that
euthanasia. This grant is for$2,500.00. The$2,500.00 dollars would help
underwrite the veterinarian cost for 33 animals.
When an animal is to be adopted, the animal will be spayed/neutered, de-wormed
and have initial shots,which will be paid for out of the grant money for the first
year. The person adopting the animal would then pay a $75.00 adoption fee to the
city,which would be placed into the adoption spay/neutering program to fund the
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AGENDA ITEM#8D
FEBRUARY 9,2004
program for all subsequent years, insuring an on going funding source for this
program.
BUDGET:
There are no required matching funds for this grant, so there is no cost or
V budgetary impact to the city, accept that of the normal administrative time to
administer the funds and the on going adoption fund for the future spay/neutering.
When the grant is awarded, an adoption fee will need to be incorporated into the
• city code.
�+ RECOMMENDATION:
Recommend this grant be applied for, and the Mayor be authorized to sign the
application.
ATTACHMENTS:
Pet Smart Grant Application, Grant Proposal Checklist, Program Summary,
Proposal Details,.
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REVIEWED BY CITY MANAGER.
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r-,
hr
AGENDA ITEM#9
FEBRUARY 9,2004
L
February 3, 2004
Lr MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans r
SUBJECT: City Mara: •is Report
New Domain Name; City staff has often received complaints about the length of the city's
r domain name and resulting e-mail addresses. With this in mind, and with some recent changes in
the addressing requirements for the internes,the City has been able to reserve a new and shorter
domain name which will make e-mails much easier. The new name is "coab.us". Consequently,
employees can be reached at the new address of jdoe@coab.us versus the old address of
jdoe@ci-atlantic-beach.fl.us. The City will keep both the new and old domain names active in to
the foreseeable future to eliminate any missed mail. As new letterhead and business cards are
ordered, the new address will be used.
Receipt of Jacksonville Funds for Adele Grage Renovation; It was reported to the City
on Commission on several occasions that problems had been encountered in receiving the check for
$50,000 from the City of Jacksonville that was committed by Councilman Holland for the
renovation of the Adele Grage building. The check has now been received. Councilmember Art
Graham is due the city's appreciation for getting the problems worked out.
Dancin' In The Street; The date for the Dancin' in the Street Festival has been set for Saturday,
May 15, 2004. The event will follow the same format as established in previous years. City staff
will meet with the event organizers in upcoming weeks to iron out the details.
Privatization; The Cityof Atlantic Beach submitted a proposal for privatization of
Navy P Po
facilities at the Naval Station Mayport. The proposal was turned in June of last year. The Navy
has notified us that Atlantic Beach's proposal will not receive any further consideration.
Upcoming Events;
- Laughter Workshop—February 12, 2004, 7:00 pm, Adele Grage Cultural Center
- Songwriter's Night in the Theatre—February 17, 2004, 7:00 pm, Adele Grage Cultural Center
- Acoustic Night - March 21, 2004,Bull Park
AGENDA ITEM#9
FEBRUARY 9,2004
p,. Mayport Rd. Medians; A meeting was held on January 29th with representatives from
FDOT, the MPO, the cities of Jacksonville and Atlantic Beach and GAI Consultants to
discuss coordination and timing between each entity for the permitting and construction of
medians for Mayport Rd. The FDOT is expected to contribute to the construction portion
through use of resurfacing money and must permit any construction on a State highway.
Jacksonville has money budgeted for the design of medians.
FDOT representatives want some additional study of the possibility of reducing the number of
lanes on the south end of Mayport Rd. from six to four and individual traffic analysis for each
intersection prior to issuing permits. The amount of this work and specific scope has yet to be
determined. They also pointed out that their resurfacing project is scheduled to be included in
the FY '08 budget which would allow for a July 2007 start. This project has been coupled
with a traffic signal replacement project that will require the acquisition of additional ROW
which will take a minimum of two years to complete after design. They were asked in the
meeting to de-couple the two projects so that the median construction could begin before the
signal work.
As a result of the meeting, all entities agreed that the medians would be an important
improvement to traffic safety and that all should coordinate closely on the design, permitting
and construction. One important component of that cooperation would be getting one
' consultant to do the design work for all entities. Many details are yet to be worked out and the
scope for the contract between Atlantic Beach and GAI Consultants cannot be fully
determined until several of these issues can be resolved. It appears inevitable that the
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coordination and permitting issues will cause the construction of the medians to be delayed
past the current fiscal year.
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