08-09-21 Draft Regular City Commission Agenda
City of Atlantic Beach
Draft Agenda
Regular City Commission Meeting
Monday, August 9, 2021 - 6:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Page(s)
1 APPROVAL OF MINUTES
2 COURTESY OF FLOOR TO VISITORS
2A.
Knights of Columbus Council 14866 presentation of Coats to Kids to The City of
Atlantic Beach Police Department.
PUBLIC COMMENT
3 CITY MANAGER REPORTS
3A.
Removing Parking at 18th Street
3B.
Paid Parking
3C.
Accept the 90-Day Calendar
90-Day Calendar (August through October 2021)
5 - 8
4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
6 CONSENT AGENDA
7 COMMITTEE REPORTS
Page 1 of 28
Regular City Commission - 09 Aug 2021
8 ACTION ON RESOLUTIONS
8A.
Resolution No. 21-43
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING A ONE-
YEAR AGREEMENT CONTINUING THE PROFESSIONAL SERVICES OF
LANGTON ASSOCIATES, INC.; AUTHORIZING THE EXPENDITURE OF
$42,986.98 ANTICIPATED TO BE ALLOCATED IN THE FY 2021-22
BUDGETED; FOR THIS PURPOSE; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY CONTRACTS AND PURCHASE ORDERS AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Resolution 21-43
9 - 12
8B.
Resolution No. 21-44
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY
MANAGER’S SIGNATURE ON THE STATE HIGHWAY LIGHTING,
MAINTENANCE AND COMPENSATION AGREEMENT BETWEEN THE CITY OF
ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION.
Resolution 21-44
13 - 25
9 ACTION ON ORDINANCES
10 MISCELLANEOUS BUSINESS
10A.
FY 2021-22 Budget Discussion
10B.
2030 Comprehensive Plan and Chapter 24 Update
Staff Report
27 - 28
11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
13 ADJOURNMENT
This meeting will be live-streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, click on the
Meeting Videos tab on the city's home page at www.coab.us.
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.
Page 2 of 28
Regular City Commission - 09 Aug 2021
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 Chamber.
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, Fl orida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office by 5:00 PM, the Thursday prior to the meeting.
Page 3 of 28
Page 4 of 28
CITY OF ATLANTIC BEACH
CITY CONINIISSION NIEETING
STAFF REPORT
AGENDA ITENI:90-Day Calendar for the l\/Iayor and Cornrnission
SUBMITTED BY:Yvonne Calverley,Executive Assistant to the City l\/
[anager
4-
T()DAY’S DATE:July 23,2021
NIEETING DATE:August 9,2021
BACKGROUND:The 90-day calendar is included on the agenda for the p
ur
p
os
e
ofsetting
meeting dates and deterrnining the location,time and w
he
th
er
to
videotape special meetings and Workshops.
The rolling 90-day calendar will be revised a?er receiving inputfrom
City staff and the Commission,and will be included in agendafor
consideration.
S?ecial Notes:
0 A Budget Workshop is scheduled for August 19 at 6 p intheCommission
Chamber.
BUDGET:None
RECOMMENDATION:Approve the 90-Day Calendar for August through Octob
er
2021.
ATTACHMENT:1)l\/layor and Commission 90-Day Calendar (August th
ro
u
g
h
October2021)
REVIEWED BY CITY MANAGER:Agenda Item #3C.09 Aug 2021Page 5 of 28
MAYOR AND COMMISSION
9 I0 11 I2 14
Commission Mtg ‘ESC Meeting .
5:30 pm 6 pm Pension
a"v°°‘N°"is)me Dale for was 3%?
Agenda
15 I6 17 18 19 20 21
Community ESC Outreach Budget
Development Subcommittee Workshop
Board 6:30 pm 6 pm
6 pm
72 23 24 25 I 25 27 23
Commission Mlg
6:30 pm
(Invoc-Glasser)Agenda Item #3C.09 Aug 2021Page 6 of 28
MAYOR AND COMMISSION
6
Labor Duy
City Of?ces
Closed
Agenda Item #3C.09 Aug 2021Page 7 of 28
MAYOR AND COMMISSION
October 2021
3 4 5 us 7 B 9
lo 11 12 13 [age Mating 14 15 In
Commission Mtg 6 pm
6:30 pm D Dam .,
mmc_Ke“y)ue
A
for 9//.7
E17 18 19 20 21 22 B
Community ESC Omreacll
Development Subcommittee
Board 6 pm 6:30 pm
24 5 26 27 23 29 sin
Commission Mlg
6:30 pm Due Date for 9117
(IlnV0<>NWI'iS)Agenda
31
Agenda Item #3C.09 Aug 2021Page 8 of 28
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Continuation of grant—writingand related services
SUBMITTED BY:Kevin Hogencamp,Deputy City Manager
DATE:July 28,2021
BACKGROUND:The City of Atlantic Beach desires to continue the services of Langton
Associates,Inc.for the City’s grant-writing and related needs.Langton has agreed to a renewal
of its contract with the same terms and conditions of the current contract,plus a 3%cost-of-
living adjustment.The services that Langton and Associates provides to the City are as follows:
In-Depth Needs Assessment and Strategic Grants Plan
Determination of Relevant Funding Sources
Preparation and Submission of Grant Applications
Technical Assistance on Grant Administration
Personalized Grant Research and Consultation
Intergovernmental Relations with Federal and State Governments
Provide a Semi-Weekly E-Mail Grant Alert
RECOMMENDATION:The City Commission approve a resolution authorizing the City
Manager to enter into a new one-year agreement with Langton Associates,Inc.,a copy of which
is attached,with the same terms and conditions as contained in the current agreement,in addition
to a 3%cost-of-living adjustment
ATTACHMENTS:Resolution No.21-43
Langton Associates,Inc.2021-22 consulting agreement
BUDGET:$42,985.98,which is contained in the proposed 2021-22 budget.
REVIEWED BY CITY MANAGER:Q gyrzé Agenda Item #8A.09 Aug 2021Page 9 of 28
RESOLUTION NO.21-43
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING
A ONE-YEAR AGREEMENT CONTINUING THE PROFESSIONAL
SERVICES OF LANGTON ASSOCIATES,INC.;AUTHORIZING THE
EXPENDITURE OF $42,986.98 ANTICIPATED TO BE ALLOCATED IN
THE FY 2021-22 BUDGETED;FOR THIS PURPOSE;AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY CONTRACTS AND
PURCHASE ORDERS AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach desires to continue the professional services of
Langton Associates,Inc.,for the purpose of obtaining various governmental grants and assistance
offered by governmental agencies and bodies;and
WHEREAS,the proposed fiscal year 2021-22 budget includes $42,986.98 for this
purpose.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1.The City Manager is hereby authorized to sign a one-year agreement
continuing the professional services of Langton Associates and approve a purchase order for
$42,986.98 on behalf of the City of Atlantic Beach.
SECTION 2.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 9th day of August,2021.
Ellen Glasser,Mayor
Attest:
Donna L.Bartle,City Clerk
Brenna M.Durden,City Attorney Agenda Item #8A.09 Aug 2021Page 10 of 28
CONSULTING AGREEMENT
This consulting agreement made on this day of October 2021,by and between Langton
Associates,Inc.,hereinafter referred to as "Langton",and the City of Atlantic Beach,hereinafter
referred to as "Client"on the following terms and conditions:
RECITALS
WHEREAS,Langton is a Florida corporation engaged in the business of offering
governmental consulting support to municipalities,counties,other governmental bodies and non-
profit corporations,and
WHEREAS,Client is in need of professional services of consulting for the purpose of
obtaining various governmental grants and assistance offered by various governmental agencies
and bodies,and
WHEREAS,the parties are desirous to enter into this contract,to establish a contractual
relationship and set up the fees to be charged by Langton to Client for the services rendered and
to establish the guidelines for consulting work to be performed.
IT IS THEREFORE agreed as follows:
l.Langton agrees to provide professional consulting services to Client for the term of
one (1)year,commencing October 1,2021 and ending September 30,2022.Langton agrees to
exercise its best efforts to obtain governmental grants and bene?ts for client.It is understood,
however,that Langton cannot guarantee results that any certain amount of funds will be obtained
for Client.
2.Pursuant to this agreement Langton agrees to provide specific services as follows:
Update Needs Assessment and Strategic Grants Plan
Determinationof Relevant Funding Sources
Preparation and Submission of Grant Applications
Technical Assistance on Grant Administration
Personalized Grant Research and Consultation
Intergovernmental Relations with Federal and State Governments
Provide a Bi—WeeklySMARTGrantsTM E-Mail Grant Alert
his time,Client agrees to pay Langton professional fees in the amount of $42,985.98 in 12monthlyinstallmentsof$3,5 82.16.4.In conjunction with services relating to Client,the Client agrees to pay expenses ofLangton.This shall include,but not be limited to,travel expenses,which shall be air expense oncoach?ights,car rental,hotel (at commercial rates)and food (maximum of $25.00 per personperday).Langton will submit the invoice for these expenses which shall be paid by the 10th dayofthefollowingmonthaftersubmissionoftheexpensereportbyLangton.Langton will not Agenda Item #8A.09 Aug 2021Page 11 of 28
incur travel expenses without approval of Client.
5.Langton agrees to devote the necessary time and performance of his duties for Client.
Inasmuch as the professional services rendered are of a subjective nature subject to differences of
opinion,mutual con?dence and respect are necessary.Accordingly,this contract can be
terminated by either party without cause upon giving of a thirty (30)day notice as follows:
A.As to Langton:
P.O.Box 37007
Jacksonville,Florida 32236-7007
B.As to Client:
800 Seminole Road
Atlantic Beach,FL 32233
6.Should litigation be necessary to enforce any provision of this agreement then the
prevailing party shall be entitled to recover a reasonable attorney's fee from the other side.
ATTEST:LANGTON ASSOCIATES,INC.
BY:
Michael Langton,President
ATTEST:
BY:
Shane Corbin,City Manager
City of Atlantic Beach
Agenda Item #8A.09 Aug 2021Page 12 of 28
CITY OF ATLANTIC BEACH
CITY COIVIIVIISSION NIEETING
STAFF REPORT
AGENDA ITENI:Resolution NO.21-44
SUBIVIITTED BY:Shane Corbin,City Manager
DATE:July 29,2021
BACKGROUND:The City of Atlantic Beach previously acted as the l\/Iaintaining A
ge
nc
y
for
lighting on Atlantic Boulevard and l\/Iayport Road on behalf of the Florida De
par
tm
ent
of
Transportation (FDOT)and will continue perform this function.In return,FDOT will co
m
pe
ns
at
e
the City in the arnount of$62,870.94.
RECOMMENDATION:The City Commission approve a Resolution NO.21-44
ATTACI-Il\/IENTS:Resolution No.2 l -44
FDOT state Highway Lighting,Maintenance and compensation
Agreernent.
BUDGET:$62,870.94,which is contained in the proposed 2021-22 budg
et.
REVIEWED BY CITY MANAGER:
>‘Agenda Item #8B.09 Aug 2021Page 13 of 28
RESOLUTION NO.21-44
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY
MANAGER’S SIGNATURE ON THE STATE HIGHWAY LIGHTING,MAINTENANCE
AND COMPENSATION AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH
AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
WHEREAS,on May 24,2021,the City Manager signed an agreement with the Florida
Department of Transportation for the City to act as the MAINTAINING AGENCY to provide
maintenance and operating of lighting on the State Highway System;and
WHEREAS,it is the City’s desire to continue to act as the MAINTAINING AGENCY;and
WHEREAS,areas to be maintained (Atlantic Blvd.and Mayport Road)are identi?ed in Exhibit
“A”of the State Highway Lighting,Maintenance and Compensation Agreement;and
WHEREAS,the Contract Period is July 1,2021 through June 30,2028,with automatic
renewals;and
WHEREAS,the City will be compensated $62,870.94 annually for providing this maintenance.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1.The City Manager was hereby authorized to execute the State Highway Lighting,
Maintenance and Compensation Agreement (attached)with the Florida Department of
Transportation.
SECTION 2.This Signature Authorization Resolution was requested by the Florida
Department of Transportation in order to fully execute said Agreement.
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 9”‘day of August,2021.
Ellen Glasser,Mayor
ATTEST
Donna L.Bartle,City Clerk
Approved as to form and correctness:Brenna Durden,City Attorney Agenda Item #8B.09 Aug 2021Page 14 of 28
DocuSlgn Envelope ID:8uCOE576-4CSEI-442D-BE71-24357D2B42D5
I"-‘DDT
Flu;-irla Department o_f'.TraI1sp0rtntiou
Hui‘:1)SAN‘!IS l.)islricI I\/Illilllenallcc CoIIIl'acI:<Office K F‘/IN Ill:/
sIJl_f.'
|m9 somh ivlrlrion Avenue,Ms 20|0 ~‘=“H
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Lsikc ciiy.Florida 3205:
May 19,2021
city of Atlantic Beach
Attn:lrlance Department
sou serninole Road
Atlantic Beach,Florida 32233-5445
New Contract No:TBD
old Contract No.AN4503
Financial Project No.41441717802
Description:State Highway Lighting,Maintenance and Compensation Agreement
Contract Period July 1,2021 through June 30,2023
Agency Partner,
Attached is the new Highway Lighting,Maintenance,and compensation Agreement.it has oeen u
p
d
a
t
e
d
and
Improved to provide more flexibility in the prosecution and progress of the work.Once executed w
ill
supersed
etheexistingagreement(Item 7 <:.).
Sorne of the changes include:
-The terrn of this agreement has been adjusted to be seven years.(item 1 section E);the ex
is
ti
n
g
agreement is essentially cipen—ended with automatic renewals.
0 This new version authorizes your Agency to submit l'Ell'rIbUYSel'l'leI'1K claims to all third parties respo
nsibl
eForthedarnage;this allows you to pursue recovery from insurance agencies and individuals res
pon
sibl
e
for damage to the highway lighting system (item 2).
o The current Agreement does not provide for an opt-out option.This new version allows ei
th
er
partyto
terminate the Agreement by a written notice.(Item 1 Section E)..Prior to the beginning of each agreement year,it requires the Maintaining Agency to submit anamended
Exhibit A to account for any new Ilghts that have come on-line.(ltern 2)
u Exhibit A was updated to better clarify the features covered and compensation amount.
Attached,for comparison,is the current agreement information and the new agreement language a
n
d
exh
ase fill out and sign the agreement,complete the spreadsheet,and return to my attention no lthan§
‘This will give us time to execute the new agreements prior to the expiration of the existing agree
ment
year
Please attach the appropriate documentation for signature authority or a resolution for the Indiv
idualexecutingtheagreement.
/m,u~.m.-.\'¢(/1'/\‘.£‘rlI1uHr‘('/vlu/n’/in»,/II»]nI'r'Iilllavu/lull
www.lllul wnv
Agenda Item #8B.09 Aug 2021Page 15 of 28
Di:r:uSign Envelclpe ID:EOCOE676-4CE9~442D»BE71-Z43E7DZE42El5
The total payment amount for each Fiscal veer is calculated by inputting the actual number of quali
fyin
g
typesof
lights and multiplying by the Unit Rate and 50%.Example:330 (lights)3:$291.25 x 0.90 (90%Requi
remen
t)
=
$86,533.92
Should you not wish to execute the new agreement please let us know and we shall continue to o
p
e
r
a
t
e
under
the terms of the original agreement.
If you have any questions,please see the contact Information below.
Sincerely,
—Dacullgnud by:[7;a;._-,g;,g,g,;n
Sandra Brink
District 2 Maintenance contracts
ngr;i lk@_(|(<Ia_(_r:315.;
(356)951-7585
ensanaigua by:[444.;7/5.35419:
-Fnaocsrcnnuus
L a Butler
DISIFICI 2 Nlalntenarlce Contracts
glgg lxlll-_'_IEIJ_t’.l(:_|:»_1.»_)le_V
(586)961-7382
Agenda Item #8B.09 Aug 2021Page 16 of 28
Docusign Envelope ID:8OCOE576—4CB9-442D~BE71-24357D2B42D5
STATEOF FLORIDADEPARTMENTOF TRANSPORTATION 375-020-52
STATE HIGHWAY LIGHTING,MAINTENANCE,AND tM,',",;,§t_":,t;;=,$
COMPENSATIONAGREEMENT Page 1 ow
CONTRACT NO.
FINANCIALPROJECT NO.41441717802
F.E.I.D.NO.F59-6000267-001
THIS AGREEMENT,entered into this day of ,year of ,by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION,hereinafter referred to as "FDOT",and City of Atlantic Beach,hereinafter
referred to as the "MAINTAININGAGENCY";
WITNESSETH:
WHEREAS,FDOT is authorized under Sections 334.044 and 335.055,Florida Statutes,to enter into this
Agreement,and the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the
maintenance and operation of lighting on the State Highway System;and
WHEREAS,the MAINTAININGAGENCY has authorized its undersigned officers to enter into and execute this
Agreement;
WHEREAS,FDOT has identified sites where lighting and/or lighting systems,hereinafter referred to as "Facilities",
are located on the State Highway System within the jurisdictional boundaries of the MAINTAININGAGENCY.A list of the
Facilities is included as Exhibit A,attached hereto and incorporated herein.
WHEREAS,the MAINTAININGAGENCY agrees to maintain the Facilities as further set forth herein.
NOW,THEREFORE,in consideration of the premises and the mutual covenants contained herein,FDOT and the
MAINTAININGAGENCY hereby agree as follows:
1.Maintenance of Facilities
a.The MAINTAININGAGENCY shall maintain the Facilities listed in Exhibit A.The Facilities may include
lighting for roadways,as well as park and ride,pedestrian overpasses,and recreational areas owned by or
located on the property of FDOT.The Facilities shall not include lighting located in weigh stations,rest
areas,or on Interstate highways.
The location and type of lighting to be maintained pursuant to this Agreement is set forth in ExhibitA.Any
changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING
AGENCY.Any Facilities added to ExhibitA during the FDOT’s fiscal year shall be maintained and operated
by the MAINTAININGAGENCY upon the FDOT’s ?nal acceptance of installation of any new lightingand/or
lighting systems.Prior to the start of each new fiscal year,the MAINTAININGAGENCY and FDOT shall
amend Exhibit A to re?ect any changes to the Facilities,including addition,removal,or change in lighting
type maintained pursuant to this Agreement.
The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this
Agreement in the FDOT’s fiscal year occurring after the lighting and/or lighting systems are installed and
?nal acceptance of such installation is given by FDOT.In the event that no change is made to the previous
year’s ExhibitA,a certi?cation from the MAINTAININGAGENCY shall be provided to FDOT certifying that
no change has been made to Exhibit A during FDOT’s previous ?scal year.Unless stated othenivise,all
references to ?scal years within this agreement refer to FDOT’s ?scal year,beginning July 1st and ending
June 30th.
b.In maintaining the Facilities,the MAINTAININGAGENCY shall perform all activities necessary to keep the
original design thereof,whether necessitated by normal wear and tear,accidental or intentional damage,or acts of nature.Required maintenance includes,but is not limited to,providing electrical power andpayingallchargesassociatedtherewith,routine inspection and testing,preventative maintenance,emergency maintenance,replacement of any component parts of the Facilities (including the poles and anyandallothercomponentpartsinstalledaspartoftheFacilities),and locating (both vertically andhorizontally)the Facilities.Allrepairs or replacement willbe in kind unless a variance is approved in writingbyFDOT.Agenda Item #8B.09 Aug 2021Page 17 of 28
Docusign Envelope ID:80COE576-4CB9-442D-BE71-24357D2B42D5
375-020-52
MAINTENANCE
0GC—02I2I
Pagezole
c.All maintenance must be in accordance with the provisions of the following:
(1 )Manual of Uniform Traffic Control Devices;and
(2)All other applicable local,state,or federal laws,rules,resolutions,or ordinances,and FDOT
procedures.
d.For lighting installed as part of a FDOT project,the MAINTAININGAGENCY's obligation to maintain the
Facility commences upon the MAINTAININGAGENCY‘sreceipt of noti?cation from FDOT that FDOT has
formally accepted the project,except for the obligation to provide for electrical power,which obligation to
provide for electrical power commences at such time as the lighting system is ready to be energized;
provided,however,that the MAINTAININGAGENCYis not required to perform any activities which are the
responsibilities of FDOT’s contractor.
Prior to acceptance by FDOT,the MAINTAININGAGENCY shall have the opportunity to inspect and
request modi?cations/correctionsto the insta|lation(s).FDOT agrees to make modi?cations/corrections
prior to acceptance so long as the modi?cations/correctionscomply with the installation contract documents
and speci?cations.
e.The term for this Agreement is seven (7)years.Either party may terminate this Agreement by a notice of
termination.The notice of termination must be in writing.Should the MAINTAININGAGENCY choose to
terminate the Agreement,the MAINTAININGAGENCY shall provide a minimum notice period of two (2)
?scal years prior to the effective date of termination and the notice shall be endorsed by the elected body
(County Commission,City Council,or local agency governing body)under which the Agency operates.The
effective date of the termination will coincide with the end of the FDOT’s ?scal year of June 30"‘following
the two~year notice.
The termination of this Agreement will not terminate maintenance responsibilities for lightingowned by the
MAINTAININGAGENCY.Maintenance obligations for lights owned by the MAINTAININGAGENCY will
remain the responsibility of the MAINTAININGAGENCY.Nor does terminationof this Agreement operate
to relieve the MAINTAININGAGENCY of any maintenance obligations contained in other agreements.
Maintenance of lights governed by a separate maintenance agreement will continue per the terms of that
separate maintenance agreement.
2.Compensation and Payment
FDOT shall pay to the MAINTAININGAGENCY a sum of $62,870.94 for the
?scal year in which this Agreement is signed.Payments willbe calculated and made in accordance with ExhibitA.
Prior to the beginning of each ?scal year,the MAINTAININGAGENCY shall submit an amended Exhibit A or a
certificationof no change to ExhibitA and FDOT and the MAINTAININGAGENCY shall agree on the amount and
percentage of lighting to be paid for the coming ?scal year.FDOT willissue a work order con?rming the amount
and authorizing the performance of maintenance for each new ?scal year.The work order must be an FDOT-signed
letter of authorization to the MAINTAININGAGENCY with a subject line containing the terms "State Highway
Lighting,Maintenance,and Compensation Agreement work order".The work order must re?ect the contract
number,financial project number.FEID No.of the MAINTAININGAGENCY,the ?scal year,the percentage of
lighting funded and the lump sum amount to be paid for the ?scal year indicated.The work order must be signed
by the MAINTAININGAGENCY and returned to FDOT.Failure by the MAINTAININGAGENCY to take any of the
FDOT expressly assigns its rights,interests and privileges pertaining to damage to Facilities caused by third partiestotheMAINTAININGAGENCY,so they may pursue all claims and causes of actions against the thirdpartiesresponsibleforthedamage.FDOT will assist the MAINTAININGAGENCY and will con?rm theMAINTAININGAGENCY's authorizationto pursue recovery.The MAINTAININGAGENCY willbe responsible forallattorneys’fees and litigationcosts incurred in its recovery activities.Agenda Item #8B.09 Aug 2021Page 18 of 28
DocuSign Envelope ID:80COE576-4CB9-442D-BE71-24357D2B42D5
375-020-52
MAINTENANCE
OGC -—02121
Page 3 of 8
3.Record Keeping
The MAINTAININGAGENCY shall keep records of all activities and report all maintenance performed and
replacement components and parts installed pursuant to this Agreement.The records shall be kept in an electronic
format approved by FDOT.
Records shall be maintained and made available upon request to FDOT during the period of this Agreement and
for three (3)years after final payment for the work pursuant to this Agreement is made.Copies of these documents
and records willbe furnished to FDOT upon request.
4.Invoicing
The MAINTAININGAGENCY shall invoice FDOT annually in a format acceptable to the FDOT.invoices must be
submitted no earlier than May 1 and no later than June 15 of the fiscal year in which the services were provided in
order to be processed for payment by June 30.
Upon receipt,FDOT has five (5)working days to inspect and approve the goods and services.FDOT has twenty
(20)days to deliver a request for payment (voucher)to the Department of Financial Services.The twenty (20)days
are measured from the latter of the date the invoice is received or the goods or services are received,inspected,
and approved.
If a payment is not available withinforty (40)days,a separate interest penalty at a rate as established pursuant to
Section 215.422,Florida Statutes,willbe due and payable,in addition to the invoice amount,to the MAINTAINING
AGENCY.Interest penalties of less than one (1)dollar will not be enforced unless the MAINTAININGAGENCY
requests payment.Invoices returned to a MAINTAININGAGENCY because of MAINTAININGAGENCY
preparation errors will result in a delay in the payment.The invoice payment requirements do not start until a
properly completed invoice is provided to FDOT.
A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this
individualinclude acting as an advocate for contractors/vendors who may be experiencing problems in obtaining
timely payment(s)from a state agency.The Vendor Ombudsman may be contacted at (850)410-9724 or by calling
the Chief Financial Officer's Hotline,1-800~848-3792.
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.in the event this Agreement is in excess of $25,000 and has a term for a period
of more than one (1)year,the provisions of Section 339.135(6)(a),Florida Statutes,are hereby incorporated:
FDOT,during any fiscal year,shall not expend money,incur any liability,or enter into any contract which.by its
terms,involves the expenditure of money in excess of the amounts budgeted as available for expenditure during
such fiscal year.Any contract,verbal or written,made in violation of this subsection shall be null and void,and no
money may be paid on such contract.FDOT shall require a statement from the Comptroller of FDOT that funds
are available prior to entering into any such contract or other binding commitment of funds.Nothing herein
contained shall prevent the making of contracts for periods exceeding 1 year.but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in succeeding ?scal years;and
this paragraph shall be incorporated verbatim in all contracts of FDOT which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year.
5.Default
In the event that the MAINTAININGAGENCY breaches any provision of this Agreement,then in addition to any
other remedies which are otherwise provided for in this Agreement,FDOT may exercise one or more of the following
recovery damages:
a.Pursue ab.Pursue any other remedies legally available.c.As to any work not performed by the MAINTAININGAGENCY,perform such work with its own forces orthroughcontractorsandseekreimbursementforthecostthereoffromtheMAINTAININGAGENCYiftheMAINTAININGAGENCYfailstocurethenon-performance within fourteen (14)days after written noticefromFDOTofthenon~performance;provided,however,that advance notice and cure will not bepreconditionsintheeventofanemergency.Agenda Item #8B.09 Aug 2021Page 19 of 28
DoCuSign Envelope ID:80COE576-4CB9-442D-BE71~24357D2B42D5
375-020-52
MAINTENANCE
OGC-02/21
Page 4 of 8
Force Majeure
Neither the MAINTAININGAGENCY nor FDOT will be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an act of God,war,riots,natural catastrophe,or other
event beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence;provided that the party claiming the excuse from performance has (a)promptly noti?ed
the other party of the occurrence and its estimated duration,(b)promptly remedied or mitigated the effect of the
occurrence to the extent possible,and (c)resumed performance as soon as possible.
Miscellaneous
a.FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section
2‘/’4A(e)of the immigration and Nationality Act.if the contractor knowingly employs unauthorized aliens,
such violationwillbe cause for unilateral cancellation of this Agreement.
The MAINTAININGAGENCY shall allow public access to all documents,papers,letters,or other material
subject to the provisions of Chapter 119,Florida Statutes,and made or received by the MAINTAINING
AGENCYin conjunction with this Agreement.Failure by the MAINTAININGAGENCYto grant such public
access willbe grounds for immediate unilateralcancellation of this Agreement by FDOT.
This Agreement constitutes the complete and ?nal expression of the parties with respect to the subject
matter hereof and supersedes all prior agreements,understandings,or negotiations with respect thereto.
Without limiting the generality of the foregoing,this Agreement shall replace and supersede all prior
agreements between FDOT and the MAINTAININGAGENCY with respect to maintenance of the lighting
and/or lighting systems for the Facilities identifiedin Exhibit A.
This Agreement is governed by the laws of the State of Florida.Any provision hereof found to be unlawful
or unenforceable are severable and willnot affect the validity of the remaining provisions hereof.
All notices required pursuant to the terms hereof may be sent by first class United States Mail,facsimile
transmission,hand delivery,electronic mail.or express mail and willbe deemed to have been received by
the end of ?ve (5)business days from the proper sending thereof unless proof of prior actual receipt is
provided.The MAINTAININGAGENCY must notify the local District of FDOT of the appropriate persons
for notices to be sent pursuant to this Agreement.Unless othen/visenotified in writing,notices must be sent
to the following addresses:
MAINTAININGAGENCY:
,.,Q&79 h_M,,..,.
Shane §m9_rwt3iAr1,§i_tyManager
800 Seminole Road
AtlanticBeach,FL 32233-54454
FDOT:
FloridaDepartment of Tr_ansporMt_atio_r1m
1109 South Marion Avenue
l Lake City,Florida‘32055
PUBLIC ENTITYCRIME INFORMATIONSTATEMENT:A person or affiliate who has been placed on the
convicted vendor list following a convictionfor 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
tounder a contract with any public entity,and may not transact business with any public entity in excess ofthethresholdamountprovidedinSection287.017,Florida Statutes,for CATEGORY TWO for a period ofthirtysix(36)months from the date of being placed on the convicted vendor list.An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on acontracttoprovideanygoodsorservicestoapublicentity,may not submit a bid on a contract with a publicentityfortheconstructionorrepairofapublicbuildingorpublicwork,may not submit bids on leases of realpropertytoapublicentity,may not be awarded or perform work as a contractor,supplier,subcontractor,orconsultantunderacontractwithanypublicentity,and may not transact business with any public entity.Agenda Item #8B.09 Aug 2021Page 20 of 28
Docusign Envelope ID:80COE576-4CB9—442D-BE71-24357D2B42D5
I.
j.
375-OZCLS2
MAINTENANCE
OGC ~0212!
Page 5 of 8
By signing this agreement the Maintaining Agency certi?es that it is not:(1)listed on the Scrutinized
Companies that Boycott Israel List,created pursuant to Section 215.4725,F.S.,(2)engaged in a boycott
of Israel,(3)or listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List,created pursuant to Section 215.473,
Florida Statutes.For contracts involving $1,000,000 or more,ifthe Department determines the Maintaining
Agency submitted a false certi?cation under Section 287.135(5)of the Florida Statutes regarding the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List,created pursuant to Section 215.473,Florida Statutes,or for contracts
involving any amount,if the Maintaining Agency has been placed on the Scrutinized Companies that
Boycott Israel List,or is engaged in a boycott of Israel,the Department shall either terminate the Contract
after it has given the Maintaining Agency notice and an opportunity to demonstrate the Department’s
determinationof false certification was in error pursuant to Section 287.135(5)(a)of the FloridaStatutes,or
maintain the Contract if the conditions of Section 287.135(4)of the Florida Statutes are met.
Nothing herein shall be construed as a waiver of either party's sovereign immunity.
MAINTAININGAGENCY:
1.shall utilize the U.S.Department of HomelandSecurity’s E-Verify system to verify the employment
eligibility of all new employees hired by the MAINTAININGAGENCY during the term of the
contract;and
2.shall expressly require any subcontractors performing work or providing services pursuant to the
state contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during the contract
tenn.
3.Ensure that public records that are exempt or con?dential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Agreement term and following completion of the Agreement If the Maintaining Agency does not
transfer the records to FDOT
4.Upon completion of the Agreement,transfer,at no cost,to FDOT,all public records in possession
of the Consultant or keep and maintain public records required by FDOT to perform the service.If
the Consultant transfers all public records to FDOT upon completion of the Agreement,the
Consultant shall destroy any duplicate public records that are exempt or con?dential and exempt
from public records disclosure requirements.Ifthe Consultant keeps and maintains public records
upon completion of the Agreement,the Consultant shall meet all applicable requirements for
retaining public records.Allrecords stored electronically must be provided to FDOT,upon request
from FDOT’s custodian of public records.in a format that is compatible with the information
technology systems of FDOT
5.Failure by the Maintaining Agency to comply with Chapter 119,FloridaStatutes,shall be grounds
for immediate unilateralcancellationof this Agreement by FDOT
Agenda Item #8B.09 Aug 2021Page 21 of 28
Dot:uSlgn Envalaps co:SOCOE576—4CB9-442D—BE71-2-3357D2B42D5
:75-ozo—wumemw
oGc—n1
Plate3
IF THE MAINTAINING AGENCY HA5 QUESTIONS REGARDING THE APPLICATION O
F
CH
APT
ER
119,
FLORIDA STATUTES,TO THE MAINTAINING AGENCY’S DUTY TO PROVIDE PUBLIC REC
ORD
S
RELATING
TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
District 1
863-519-2623
lllpi __I_g5‘IIllI‘l?M;§£gl(‘.IiI.Ii9«
Flori a Department of Transportation
District 1 —Of?ce of General Counsel
801 N.Broadway
Bartow,FL 33830
District 2
386-758-3727
____
tmliu:;_rJ_uot.snutgggxs
Florid Departnient of ‘Transportation
District 2 —Office of General Counsel
1 109 South 1\/Iarion Avenue,NIS 2009
Lake City,FL 32025
District 3
850-330-1391
fTransportation
District 3 -Of?ce of General Counsel
1074 Highway 90 East
Chipley,FL 32428
District 4
954-777-4529
I_I_4_[u1:usIo_;liuii a (IlIl.§l:lIl__'JI;ll§
Florida Department of Transportation
District 4 ——Office of General Counsel
3400 West Commercial Blvd.
Fort Lauderdale,FL 33309
District 5
386-943-5000
llim‘"I-rL|i=-,-,I&g_~i;-I,-»~=lni_,»,
Flori a Department of Transportation
District 5 -Office of General Counsel
719 South Woodland Boulevard
Deland,FL 32720
District 6
305-470-5453
!)(}[)i‘(u:lg 1 45:1 (lnl.:.inI\-.ll.un
Florida Department of Tran
sport
ationDistrict6—Office of General Coun
sel1000NVV111Avenue
Nliami,FL 33172-5800
District 7
813-975-6491
l)_7QrcuwIud|:inuL5lnl.stuln-.ll.iis
Florida Department of Tran
spor
tatio
n
District 7 -Of?ce of General Coun
sel11201N.1\/IcKinley Drive,I7-120
Tampa,FL 33612
Florida’s Turnpike Enterprise
407-264-131 70
1|'l,’JLC_uix-,D;
Turnpike Enterprise Chief C
ou
ns
el
Florida Turnpike —Of?ce o
f
Gene
ralCounsel
Turnpike I\/Iile Post 263,B
l
d
g.
5315
Ocoee,FL 34761
Centrl Office
850-414-5355
g:(ip--custoulin-uu xi aLc
_:Il.
iisOfficeoftheGeneralCouns
elFloridaDepartmentof Tra
nsp
orta
tion
605 Suwannee Street,IVIS
Tallahassee,Florida 32399-
0458
Agenda Item #8B.09 Aug 2021Page 22 of 28
DocuSign Envelope ID:BOCOE576-4CB9-442D-BE71—24357D2B42D5
STATE OF FLORIDADEPARTMENTOF TRANSPORTATION 375-D20-52
STATE HIGHWAY LIGHTING,MAINTENANCE,AND MAg*g§':Ag;,‘=;
Page 7 outCOMPENSATIONAGREEMENT
Certification
This document is a printout of an FDOT for
MAINTAININGAGENCY in the form of additions,deletions,or substitutions are re?e
entitled “Changes to Form Document”
affected portions of this document may
reference purposes only and do not c
MAINTAININGAGENCYhereby represents that no change has bee
through the terms of the Appendix entitled "Changes to Form Document."
You MUSTsignify by selecting one of the applicable options:
refer to changes reflected in the above~named Appendix but
Ij No changes have been made to this Forms Document and no Appendix entitled "Changes to Form
Document"is attached.
[I No changes have been made to this Form Document,but changes are included on the attached Appendix
entitled "Changes to Form Document."
IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective the day and year first written.
MAINTAININGAC5;I3(Qc¥3,mdby:
E t .
BY:(Signature)LEEJCIMZEIQUDIWMM
Shane Corbin
5/24/2021 I 9
Date:
(Printed Name:
(Printed Title:City Manager
In maintained in an electronic format and all revisions thereto by the
cted only in an Appendix
and no change is made in the text of the document itself.Hand notations on
are for
hange the terms of the document.By signing this document,the
n made to the text of this document except
:05 AM EDT
STATE OF FLORIDA DEPARTMENTOF TRANSPORTATION
BY:(Siqnature)
t :
(Printed Name:Travis Humghries,P.E.
Da 6
(Printed Title:D2 Director of Ogerations
FDOT Legal Review
BY:(S_ignature)Date:
Counsel Agenda Item #8B.09 Aug 2021Page 23 of 28
DocuSign Envelope ID;80COE576-4CB9-442D-BE71-243570234205
1.0
2.0
3.0
375-020-52
MAINTENANCE
OGC—O2I21
Page B of 8
Exhibit A
STATE HIGHWAYLIGHTING,MAINTENANCE,AND COMPENSATIONAGREEMENT
For Fiscal Year 21/22
PURPOSE
This exhibit de?nes the method and limits of compensation to be made to the MAINTAININGAGENCY for the
services described in this Agreement and method by which payments willbe made.
FACILITIES
The lighting or lighting systems listed below,or in an attached spreadsheet.or other electronicform are included
with this Agreement and represent the Facilitiesto be maintainedby the MAINTAININGAGENCY:
1.See Attached Liqhtinq Inventory Sheet
2.
3.
COMPENSATION
For the satisfactory completion of all services detailed in this Agreement,FDOT will pay the MAINTAINING
AGENCY the Total Sum as provided in Section 2 of the Agreement.The MAINTAININGAGENCY will receive one
single payment at the end of each ?scal year for satisfactory completion of service.
The per-light unit rate shall increase by 3%each ?scal year.E.g.,the per-light unit rate of $309.10 in fiscal year
21/22 shall increase to $318.37 in fiscal year 22/23.
Total Payment Amount for each ?scal year is calculated by inputting the actual number of qualifying types of lights
into the table below and multiplyingby the unit rate and __%.Example:330 (lights)x $(unit rate)x 0.90
(90%requirement)=$0.00
T eof Light #oflights LED or HPS ;_Unit rate _"L %
Hi h Mast HPS
H
Standard HPS
Underdeck HPS
'
»
HPS
Underdeck LEDSignLED Agenda Item #8B.09 Aug 2021Page 24 of 28
Douliran ErwnnouID.0669151!-4CB!441DnE1I:A331nznIxns
Florida Department of Transportation Highway Llghllng Malntanance and
Agreement Inventory
CITY OF ATLANTIC BEACH
Joe Gerrity.Clty Manager 904-247-5302
u.........emgu...Typ ILI lIK
(
'HII!
5‘;;'m‘:::"c-u--v °""'“:'::.::'.;::..“'""‘E“":::::'.:::.’.:"'°"..'‘.7::.=.,°."..'':..?.'Azn
‘’'"
Lenoran
~n....um...
.East Side of ICVV
7
VA’
A"a""°3"”Duval Atlantic Blvd West 3rd Street SR A:lA 77
I-10—AIA Bound
Ivlayport East Side of xcw
Road »101 »Duval Atlantic an/u West Asslsl Lane 149
sp.A1A Bound
T°*AL_;f_f"L;§_;«E*_;:BEING 225 ...v.....slmr
zozl
Agenda Item #8B.09 Aug 2021Page 25 of 28
Page 26 of 28
CITY OF ATLANTIC BEACH
CITY COl\’llVlISSION l\/IEETING
STAFF REl’()l{'l‘
AGENDA ITEIVI:2030 Comprehensive Plan and Chapter 24 update
SUBIVIITTED BY:Amanda 1..Askew,Director of Planning and community
TODAY’S DATE:July 29,2021
MEETING DATE:August 9,2021
BACl(GROUND:The 2021 Legislative session resulted in new legislation twillrequire
updates to the Cornprehensive Plan and the Land Developrnent Regulations (Chapter 24
).
House Bi S9 —Gl'0VVtlI Management
(.'(nn]7I-e/1en_s'ilIe Plan
'l‘hc legislation arnends Florida State Statute l63.3l67 to provide that all local cornpr
chensi
ve
plans
effective,rather than adopted,a?er January 1,2016.along with all land developrnent regulatio
nsadoptedtoimplementtheplan,must ineor-pot-ate development orders cxis g be
ro
re
theplalfs
effective date.Also,the cornprehensive plans rnust not in1p2lir the con-lplelion ot a deve
lopl
ncnt
order,
and rnust vest the density and intensity approved on the effective date ol’the comprehensive plan.
Properly Rights Elemenl
The legislation requires local governlnent to adopt a property rights element in their co
n1
pr
eh
cn
si
ve
plan.It instructs loeal govemrnent to consider certain private property rights when regul
ating
land.
Altering a Development Agreement
The legislation provides that a developlncnt agreement between a local government a
n
d
apropeny
owner/developer may be alnended or canceled wit11oLIt securing the consent of parcel o
w
n
er
s
whowere
initially subject to the developinenl agreernent unless the mnendinent dn ctly n1odi?cd t
h
e
landusesof
an owner’s property.
l'l0usc Bill 487 eGruwtII Nlanagelnent
The legislation 1'I::qui1'es increases the inaxirnum acreage of srnall—scalc cotnpre
hensive
plan
amendments froln 10 acres to 50 acres.
Ilousc Bill 421 —Reliclifroln Burdens on Real P opertv Rigllts/Bel‘!Harris Act
The legislation revises notice—of—<;lairn rcquirernerlts for property owners;creates a that
settlement offers protect public interest;speci?es pi-openy owners retain option to have c
o
u
r
t
deterlninc
awards or colnpensation;and utitlio 5 property owners to bring claims against governln
ental
entities
in certain circuinstances.
NEXT STEPS:City staff has begun work on these updates.Staff these
updates eoming before commission in late rail.Since we will be updating chapter slarrwillbe
Agenda Item #10B.09 Aug 2021Page 27 of 28
suggesting additional changes to chapter 24.since the code was updated in 2019,sta
ff
hasidenti?ed
some sections that need adjusting,clarifying or rnodifying.Among thern:Adjusting thedriveway
width (24253)to lnatch the requirements in chapter 19;updating the definition of a r
e
c
r
e
a
t
i
o
n
vehicle
to include boat and A'FV’s de?ne outdoor shower;and reviewing the allowance of heightsand
clarifying siormwater improvements to include lnultiple years.
Many of these changes would have already been incorporated;however,city code Sect
ion
24-51
requires mailed notices to “each real pruperty owner whose land is subject to the propos
ed
textchange
and also to owners whose land is within three hundred (300)feet of the subject parc<
>l(s)”.
Thisisa
large undenaking rer minor amendments.For example,if a change to the de?nition arecreati
onalvehicleismade,a mailer to the entire city is required.The average cost or this ty
pe
ormailingis
$2,500 to $3,000.In addition,these minor changes would he done along the way and notresult
in large code updates.start is requesting feedback on rernoving the mailing requirement fror
n
thecode.
All changes to chapter 24 require two public hearings.
BUDGET:$2,SU()—$3,000 (allocated in the proposed FY 2021-22 bud
get)
DATION:City Colnrnissiorl lnernbers provide feedback on Section 24-
51
(mailed
public hearing notice)
REISOIVIIVI
ATTACH]\/lENT(S):None
REVIEWED BY CITY I\/IANAGEII:
@
Agenda Item #10B.09 Aug 2021Page 28 of 28