CITY OF JACKSONVILLE BEACH · 1878-2011, which repeals Resolution No. 1841-2009 and adopts “The...

RC110801agn Page 1 of 2

CITY OF JACKSONVILLE BEACH

FLORIDA

MEMORANDUM TO:

The Honorable Mayor and Members of the City Council City of Jacksonville Beach, Florida Council Members: The following Agenda of Business has been prepared for consideration and action at the Regular Meeting of the City Council on Monday, August 1, 2011 at 7:00 P.M. in the Council Chambers, 11 North Third Street, Jacksonville Beach, Florida.

Opening Ceremonies: Invocation

Salute to the Flag

Roll Call

1. APPROVAL OF MINUTES:

Regular City Council Meeting held, July 18, 2011 2. ANNOUNCEMENTS:

3. COURTESY OF THE FLOOR TO VISITORS:

4. MAYOR AND CITY COUNCIL:

5. CITY CLERK

6. CITY MANAGER:

(a) Award Unit Price Bid No. 1011-12, “Modifications to Lift Station No. 3 Project,” to G & H Underground Construction, Inc. and Authorize Construction Administration Services with Project Design Firm, Waitz & Moye, Inc.

Memorandum, Mayor and City Council City Council Agenda for August 1, 2011

RC110801agn Page 2 of 2

7. RESOLUTIONS:

(a) RESOLUTION NO. 1880-2011 A RESOLUTION APPROVING THE REIMBURSEMENT AGREEMENT (FIN#430923-1-58-01) BETWEEN THE CITY OF JACKSONVILLE BEACH AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE DEPARTMENT’S PARTICIPATION IN THE REPAIR BY THE CITY OF THE FAILED BULKHEAD ON THE NORTHEAST SIDE OF THE BEACH BOULEVARD BRIDGE

8. ORDINANCES

(a) ORDINANCE NO. 2011-8000 AN ORDINANCE TO AMEND CHAPTER 15, LICENSES, OF THE CODE OF ORDINANCES FOR THE INCORPORATED AREA OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, IN ACCORDANCE WITH CHAPTER 205, FLORIDA STATUTES, BY AMENDING THE TERM OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX RECEIPT, AND CLARIFICATION OF CERTAIN BUSINESS DESCRIPTIONS, REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH

(b) ORDINANCE NO. 2011-8001- PUBLIC HEARING AN ORDINANCE TO AMEND PLANNED UNIT DEVELOPMENT ORDINANCE NO.S 2004-7873 AND 2005-7907, SUPPLEMENTING THE COMPREHENSIVE ZONING REGULATIONS AND ZONING ATLAS FOR THE CITY OF JACKSONVILLE BEACH, FLORIDA, AS PROVIDED UNDER CHAPTER 34 OF THE CODE OF ORDINANCES OF SAID CITY (This Amendment is for the Baptist Medical Center Beaches) Respectfully submitted, /s/George D. Forbes CITY MANAGER

GDF: cmm 07/28/2011

If a person decides to appeal any decision made by the City Council with respect to any matter considered at any meeting, such person may need a record of the proceedings and, for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

The public is encouraged to speak on issues on this Agenda that concern them. Anyone who wishes to speak should submit the request to the City Clerk prior to the beginning of the meeting. These forms are available at the entrance of the City Council Chambers for your convenience 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’s Office at (904) 247-6299, ext 10, no later than 5:00 PM, Thursday July 28, 2011.

RC110718min Page 1 of 5

Minutes of Regular City Council Meeting

held Monday, July 18, 2011, at 7:00 P.M.

In the Council Chambers, 11 North 3rd

Street,

Jacksonville Beach, Florida. CALL TO ORDER:

Mayor Fland Sharp called the meeting to order. OPENING CEREMONIES:

Invocation was by Council Member Knight, followed by the Salute to the Flag. ROLL CALL:

Mayor: Fland Sharp Council Members: Lee Buck (absent) Penny Christian Rick Knight Steve Hartkemeyer Jeanell Wilson Tom Taylor (absent) Also present was City Manager George Forbes and Acting City Clerk Judy Bullock. APPROVAL OF MINUTES:

It was moved by Ms. Christian, seconded by Ms. Wilson, and passed, to approve the following minutes, as presented: Regular City Council Meeting held June 20, 2011.

ANNOUNCEMENTS:

COURTESY OF THE FLOOR TO VISITORS: No one came forward to address the Council.

CITY MANAGER: (a) Approve Monthly Financial Reports – Month of June 2011

Motion: It was moved by Ms. Christian, seconded by Ms. Wilson, and passed, to approve

the Monthly Financial Reports for the month of June 2011. (b) Approve the Council Budget Workshop Schedule for FY 2011/2012.

Motion: It was moved by Ms. Christian, seconded by Ms. Wilson, and passed, to adopt the FY 2011/2012 Budget Workshop Schedule, as proposed by the City Manager in the memorandum dated July 9, 2011.

Minutes of Regular City Council Meeting held Monday, July 18, 2011


(c) Approve the City’s Participation in the JEA Contract (#113044) Titled “Manhole/Wetwell

Rehabilitation Unit Price Construction” with “Concrete Conservation, Inc.”

Motion: It was moved by Ms. Christian, seconded by Ms. Wilson, to authorize the City’s participation in the JEA Contract, titled “Manhole/Wetwell Rehabilitation Unit Price Construction” with Concrete Conservation, Inc., as explained in the memorandum from the Public Works Director, dated July 5, 2011. (JEA Contract #113044)

Mr. Forbes explained that the city has 38 lift stations and approximately 2,126 sewer manholes. Due to the corrosive environment from hydrogen sulfide gas, periodic rehabilitation is necessary to maintain structural integrity. The recommended product, Spectrashield Liner Systems, is used to coat the interior surfaces has a 10-year warranty. He added that the city has been using the product for the past 14 years, and has experienced only minor issues.

Roll call vote: Ayes – Christian, Hartkemeyer, Knight, Wilson, and Mayor Sharp; motion carried unanimously.

(d) Award Bid No. 1011-08 for Vacuum Switches and Capacitors

Motion: It was moved by Ms. Christian, seconded by Ms. Wilson, to award Bid No. 1011-08 to GRESCO for bid item numbers 1, 3, 4, & 5.

Mr. Forbes provided a brief overview. He advised following testing of the existing

capacitors it was determined that only vacuum switches were needed at this time.

Roll call vote: Ayes – Hartkemeyer, Knight, Wilson, Christian, and Mayor Sharp; motion carried unanimously.

(e) Approve Bid No. 1011-11 Lighting Renovations at Municipal Buildings

Motion: It was moved by Ms. Christian, seconded by Ms. Wilson, for approval of Bid No. 1011-11 Lighting Renovations at Municipal Buildings, to the lowest bidder meeting specifications, Gexpro ($109,505).

Mr. Forbes explained that the lighting fixtures at City Hall, Police Department, and

O&M Facility are T-12 fluorescents that will no longer be manufactured after 2011. The City entered into a Sub-Grant Agreement with the City of Jacksonville for a United States Department of Energy Efficiency and Conservation Grant to help pay for the replacements. He added that the annual energy savings from the new lighting will be about $24,000.

Roll call vote: Ayes – Knight, Wilson, Christian, Hartkemeyer, and Mayor Sharp; motion carried

unanimously.



RESOLUTIONS

(a) Resolution No. 1879-2011

Mayor Sharp requested that Acting City Clerk Judy Bullock read the resolution by title only; whereupon Ms. Bullock read the following:

“A RESOLUTION APPROVING MODIFICATION OF THE LOCALLY FUNDED AGREEMENT BETWEEN THE CITY OF JACKSONVILLE BEACH AND THE STATE OF FLORIDA DEPARTMENT OF TRASPORTATION FOR THE DEPARTMENT TO CONSTRUCT THE CITY’S 9TH STREET SOUTH ROAD CORRIDOR PROJECT IDENTIFIED BY FINANCIAL PROJECT NUMBER 426333-1-52-01 AND FOR THE CITY TO PAY THE COST OF THE PROJECT THAT EXCEEDS THE PROJECT AWARD AMOUNT UP TO THE CITY’S EXISTING DEPOSIT ESCROWED WITH THE DEPARTMENT”

Motion: It was moved by Ms. Christian, seconded by Ms. Wilson, to adopt Resolution No.

1879-2011, authorizing the Mayor and City Manager to execute a modification to the Locally Funded Agreement for the 9th Street South Reconstruction Project, from Osceola Avenue to 1st Avenue South, as explained in the memorandum from the Public Works Director, dated July 5, 2011, as read by title only.

Mr. Forbes explained that the city executed a locally funded agreement with FDOT

for funding the reconstruction of 9th Street South. At that time the total project cost was estimated at $5,974,525; with FDOT’s share of funding being $4,458.013 and the City’s share of $1,513,512 was deposited with FDOT to be held in escrow.

The actual bid award of the project was $3,280,000 which was $1,178,013 less than

the allocated funds, which meant that FDOT had to release the federal funding in excess of the bid award to fund other projects. Subsequently, the contractor is requesting additional funds and FDOT has thus far been unsuccessful in resolving the issue. FDOT is now requesting that the city modify the original agreement to allow utilization of the city’s advance deposit. Mr. Forbes added that the projects have been of extremely high quality, and recommended that the city release its deposit for costs going forward to complete the project.

Roll call vote: Ayes – Wilson, Christian, Hartkemeyer, Knight, and Mayor Sharp; motion carried

unanimously. (b) Resolution No. 1878-2011




“A RESOLUTION OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, REPEALING RESOLUTION NO. 1841-2009, IN ITS ENTIRITY; ADOPTING THE CITY OF JACKSONVILLE BEACH RECORDS POLICY FOR PROVIDING PUBLIC RECORDS, WHICH ESTABLISHES RATES, CHARGES, FEES, AND PROCEDURES FOR THE DISTRIBUTION AND SALE OF DOCUMENTS”


1878-2011, which repeals Resolution No. 1841-2009 and adopts “The City of Jacksonville Beach Public Records Policy” (exhibit “A” to the resolution) which establishes a schedule of fees and charges for the distribution and sale of public records, in accordance with Chapter 119 of the Florida Statutes, as read by title only.

Ms. Wilson commented that the city must increase fees to help recover the costs of

services. She added that the proposed increase from $20 to $40 for Lien Certificates is justified.

Mayor Sharp remarked that he would like for the city to evaluate the actual cost for other services and increase the fees accordingly.

Roll call vote: Ayes – Christian, Hartkemeyer, Knight, Wilson, and Mayor Sharp; motion carried

unanimously. (c) Resolution No. 1881-2011


“A RESOLUTION OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, ESTABLISHING A SHORT PLAN YEAR FOR FLEXIBLE SPENDING AND DEPENDENT CARE AND CHANGING FUTURE PLAN YEARS TO A CALENDAR YEAR BASIS”


1881-2011, as read by title only.

Roll call vote: Ayes – Hartkemeyer, Knight, Wilson, Christian, and Mayor Sharp; motion carried unanimously.

(d) Resolution No. 1882-2011


“A RESOLUTION REVISING ELECTRIC RATES FOR BEACHES ENERGY SERVICES”



Motion: It was moved by Ms. Christian, seconded by Ms. Wilson, to adopt Resolution No. 1882-2011, as read by title only.

Roll call vote: Ayes – Knight, Wilson, Christian, Hartkemeyer, and Mayor Sharp; motion carried unanimously.

ADJOURNMENT

There being no further business coming before the Council, Mayor Sharp adjourned the meeting at 7:26 p.m. Submitted by: Judy L. Bullock Acting City Clerk Approval: Fland O. Sharp, Mayor Date: August 1, 2011

City of Jacksonville Beach Public Works Department

1460A Shetter Avenue, Jacksonville Beach, Florida 32250 (904)247-6219

July21,2011

TO: George Forbes, City Manager

FROM: Ty Edwards, Public Works

SUBJECT: Award Unit Price Bid No. 1011-12, Modifications to Lift Station No.3 Project

ACTION REQUESTED: Award Unit Price Bid Number 1011-12, "Modifications to Lift Station No.3 Project," to G & H Underground Construction, Inc. and authorize Construction Administration Services with the project design firm, Waitz & Moye, Inc.

BACKGROUND:

This project is part of the City'S 2011 Capital Improvement Plan. The project involves modifications to the existing deteriorated wastewater lift station located at 4th Street South and lOth Avenue South. Major work includes, but is not limited to:

• Demolish parts of existing lift station • Replace deteriorated 8" & 21" sanitary sewer mains • Modify existing generator building • Replace deteriorated sewer manhole • Install new submersible pumps & motors • Install new intersection storm water curb inlets and

with variable speed drives pipe to existing drainage system • Minor upgrade, electrical panel & system • Replace deteriorated intersection curbing • Install new 1,000 gallon generator fuel tank • Mill & repave asphalt roadway thru the project area

The Invitation to Bid was advertised, ten (10) bid packages were requested and three (3) bids were received. The City's project design firm, Waitz & Moye, Inc. evaluated the bids and recommended award to G & H Underground Construction, Inc., the lowest, responsive and responsible bidder. The bid tabulation sheet is attached. The construction cost and staff recommendation are summarized below:

Unit Price Bid 1011-12, Modifications to Lift Station No.3 Project

DESCRIPTION COST RECOMMENDATION

Unit Price Bid (based on estimated quantities) 10% Contingency

$532,515.00 $53 ,251.50

• Award Bid to G & H Underground Construction, Inc., (the lowest, qualified bidder)

Construction Total: $585,766.50

Construction Administration (C&A) Services 10% Contingency

$26,625.00 $2,662.50

• Authorize C&A Services with Waitz & lv/oye, Inc.

C&A Services Total: $29,287.50

GRAND TOTAL: $615,054.00

• Project is budgeted in the Water & Sewer Capital Projects Division 2011 Budget with funding from 12 Cent Infrastructure Surtax Bond Proceeds and federal Environmental Protection Agency Grant.

It is recommended that the Unit Price Bid 1011-12, "Modifications to Lift Station No.3

Project," be awarded to the lowest, qualified bidder, G&H Underground Construction,

Incorporated, at a cost, based on estimated quantities, of$532,515 .00, plus a 10% contingency, for a

total cost not to exceed $585,766.50.

It is recommended that Construction Administration Services be authorized with the project's design

firm, Waitz & Moye, Inc. , at a cost of$26,625.00, plus a 10% contingency, for a total cost not to

exceed $29,287.50.

RECOMMENDATON:

Award Bid Number 1011-12, titled "Modifications to Lift Station No.3 Project" to G & H Underground Construction, Inc. , and authorize Construction Administration Services with the project' s design firm, Waitz & Moye, Inc., as described in the memorandum from the Public Works Director dated July 21 , 2011.

http:29,287.50http:of$26,625.00http:585,766.50http:of$532,515.00

City of Jacksonville Beach Bid Tabulation Form

Bid Number 1011-12, "Modifications to Lift Station No.3 Project"

Date: June 8, 2011

Vendors Vendor B Vendor C Vendor A

Total Bid $642,117.11 $649,295.00$532,515.00

Invitations Issued: 109 IPlan Holders: 8 Bids Responses: 3

Vendors

A G & H Underground Construction, Inc. - Lowest, Qualified Bidder Irregularity Engineer Recommendation Staff Recommendation

Did not submit W9 form per Section 00301-D of specifications

Made 2 math errors in summing bid

Waiver with W9 to be submitted prior to contract execution if awarded project bid.

Engineer corrected the 2 math errors so that Total Bid shown above is correct.

Concur on waiver per Para. 1.18, Sec. 00200 of Bid Specs.; Bidder previously had submitted its W9 and Purchasing Division has it on file. Concur per Para. 1.18, Sec. 00200 of Bid Specs.

C

B

C & S Technical Resources, Inc.

Irregularity

Callaway Contracting, Inc.

Engineer Recommendation Staff Recommendation

Did not submit Bid Award Notice Form

Waiver with form to be submitted if awarded project bid.

Concur on waiver per Para. 1.18, Sec. 00200 of Bid Specs.; Purchasing Division to initiate form for the bidder.

http:532,515.00http:649,295.00http:642,117.11

LlFf STATION NO: 3

CITY BID NO: 1011-12

I UN1T PRICE SCHEDULE G & H UNDERGROUND CONST, INC I CALLAWAY CONTRACTING C&S TECHNICAL RESOURCES ITEM DESCRIPTION OF WORK QUANTITY UN1T UNIT PRlCE CONTRACT UNIT PRICE CONTRACT UNIT PRICE CONTRACT PRICE NO. PRlCE PRICE

BASE BID: LIFT STATION NO: 3 IMPROVEMENTS 1 ILIFf STATION MODIFlCATIONS 1 LS $ 425,574 .00 I $ 425,574.00 I $512,699.17 $ 512,699.17 $546,230.00 $ 546,230.00

SEWAGE COLLECTION ITEMS 2 A-3 SAND (COMPACTED IN-PlACE) CONTINGENCY 50 CY $ 5.00 $ 250.00 $19.87 $ 993.50 $ 25 .00 $ 1,250.00 3 REMOVE EXlSTING MANHOLE I EA $ 2,SOO.00 $ 2,500.00 $28,620.70 $ 28,620.70 $ 4,500.00 $ 4,500.00 4 REMOVE EXISTINGS" GRAVITY SEWER PIPING - BEWW GRADE 26 LF $ IS.OO $ 390.00 $18.01 $ 468.26 $ 150.00 $ 3,900.00 S REMOVE EXISTING 21" GRAVITY SEWER PIPING - BEWW GRADE 26 LF $ 25.00 $ 650.00 $18.01 $ 468.26 $ 200.00 $ 5,200.00 6 5 FOOT DIAMETER TYPE B MANHOLE WITH SPECTRASHIELD LINING (14' - 16'

DEPTH I EA $ 17,000.00 $ 17,000.00 $12,223.17 $ 12,223.17 $ 12.500.00 $ 12,500.00 7 8" PVC (SDR35) GRAVITY SEWER (4' - 6' DEPTH) 13 LF $ 65.00 $ 845.00 $53.33 $ 693.29 $ 50.00 $ 650.00 8 S" PVC (SDR35) GRAVITY SEWER (6' - 8' DEPTH) 13 LF $ 80.00 $ 1,040.00 $53.33 $ 693.29 $ 75.00 $ 975.00 9 21" PVC (SDR26) GRAVITY SEWER (14' - 16' DEPTH) 26 LF $ 150.00 $ 3,900.00 $253.95 $ 6,602.70 $ 150.00 $ 3,900.00 10 CONNECT NEW 8" GRAVITY SEWER TO EXISTING 8" GRAVITY SEWER 2 EA $ 2,500.00 $ 5,000.00 $549.21 $ 1,098.42 $ 800.00 $ 1,600.00 II CONNECT NEW 21" GRAVITY SEWER TO EXISTING 21" GRAVITY SEWER 2 EA $ 5,000.00 $ 10,000.00 $1,875.98 $ 3,751.96 $ 3,000.00 $ 6,000.00 12 ADJUST EXlSTING MANHOLE FRAME & COVER 2 EA $ 400.00 $ 800.00 $468.23 $ 936.46 $ 1,000.00 $ 2,000.00

SEWAGE COLLECTION ITEMS SUBTOTAL: $ 42,375.00 $ 56,550.01 $ 42,475.00 POTABLE WATER ITEMS

13 14

12" PVC (DRIS) WATER MAIN 12" DI MJ 45 DEGREE BEND

30 4

LF EA

$ 2S.00 $ 500.00

$ $

840.00 2,000.00

$97.57 $683.01

$ $

2,927.10 2,732.04

$ $

54.001 $ 350.001 $

1,620.00 1,400.00

15 12" DI MJ SLEEVE & CONNECT TO EXISTING 12" WATER MAIN I EA $ 500.00 $ 500.00 $666.26 $ 666.26 $ 500.00 $ 500.00 16 REMOVE EXISTING 12" WATER MAIN 30 LI' $ 10.00 $ 300.00 $7.80 $ 234.00 $ 50.00 I $ 1,500.00 17 ADJUST EXISTING WATER VALVE BOX & COVER 2 EA $ 350.00 $ 700.00 $351.18 $ 702.36 $ 350.00 I $ 700.00

POTABLE WATER ITEMS SUBTOTAL: $ 4,340.00 $ 7,261.76 1$ 5,720.00 ROADWAY ITEMS

18 ASPHALT PAVEMENT REMOVAL 980 SY $ 3.00 $ 2,940.00 $8.43 $ 8.261 .40 $ 5.00 $ 4,900.00 19 CONCRETE CURB REMOVAL 50 LF $ 5.00 $ 250.00 $4.68 $ 234.00 $ 20 .00 $ 1,000.00 20 MIAMI CONCRETE CURB & GUTTER 105 LF $ 15.00 $ 1,575.00 $22.36 $ 2,347.80 $ 11.60 $

$ 1,218.00

312.0021 CONCRETE DROP CURB 26 LF $ 20.00 $ 520.00 $22.36 $ 581.36 $ 12.00 22 RIBBON CURB 55 LF $ 15.00 $ 825.00 $12.65 $ 695.75 $ 12.00 $ 660.00 23 ASPHALT CONCRETE, TYPE S-3 (1-112" THICK) 980 SY $ 15.00 $ 14,700.00 $13.86 $ 13,582.80 $ 10.00 $ 9,800.00 24 12" STABll..IZED SUB-GRADE 980 SY $ 4.00 $ 3,920.00 $4.78 $ 4,684.40 $ 4.00 $ 3,920.00 25 6" COMPACTED LIMEROCK BASE 980 SY $ 15.00 $ 14,700.00 $14.50 $ 14,210.00 $ 8.00 $ 7,840.00 26 SODDING OFl'SITE OF LS #3 (ST AUGUSTINE) 100 SY $ 5.00 S 500.00 $5.57 $ 557.00 $ 5.00 $ 500.00

ROADWAY ITEMS SUBTOTAL: $ 39,930.00 $ 45,154.51 $ 30,150.00 STORMWATER ITEMS

27 REMOVE EXISTING STORMWATER INLET I EA $ 3S0.00 $ 350.00 $592.43 $ 592.43 $ 2,500.00 S 2,500.00 28 15" PVC (SDR26) STORMWATER PIPE 88 LF $ 42.00 $ 3,696.00 $56.62 S 4.982.56 $ 40.00 $ 3,520.00 29 CURB INLET (0' - 4' DEPTH) I EA $ 2,000.00 $ 2,000.00 $2,031.29 $ 2,031.29 $ 2,000.00 $ 2,000.00 30 CURB INLET (4' - 6' DEPTH) 2 EA $ 2,500.00 $ 5,000.00 $2,112.36 $ 4,224.72 $ 2.000.00 $ 4,000.00 31 CONNECT TO EXlSTING 18" RCP STORMWATER PIPE TO NEW STORMWATER

INLET I EA $ 750.00 $ 750.00 $468.23 $ 468.23 $ 2,000.00 $ 2,000.00 32 CONNECT TO EXISTING 24" RCP STORMWATER PIPE TO NEW STORMWATER

INLET I EA $ 1,000.00 $ 1,000.00 $592.43 $ 592.43 $ 2,500.00 $ 2,500.00 STORMWATER ITEMS SUBTOTAL: I $ 12,796.00 I $ 12,891.66 1$ 16,520.00

PAYMENT & PERFORMANCE BOND 33 PAYMENT & PERFORMANCE BOND (1.5% MAX OF SUBTOTAL) I LS 1$ 7,500.00 $ 7,500.00 $7.560.00 I $ 7,560.00 I $ 8,200.00 I $ 8,200.00

PAYMENT & PERFORMANCE BOND SUBTOTAL: $ 7,500.00 I 1$ 7,560.00 I 1$ 8,200.00

--- -TOTAL BA~E BID_MODIFICATIONS TO LS #3 (ITEMS 1 TI1RU 33): $ 532,515.00 1____----.lJ 642,117.11 I 1$ 649,295.00

----------------- --~~ ==- =':" == WAlTZ & MOYE, INC. ENGINEERING. PLANNING

June 15,2011

Mr. Ty Edwards, P.E.

Director of Public Works

City of Jacksonville Beach

11 North 3rd Street

Jacksonville Beach, FL

Re: Modifications to Lift Statiolt No.3

Recommendatiolt ofAward, Bid Tabulation Sheet & WMI-CAI Fee Proposal

City ofJa'iksonville Beach Bid No. 1011-12

WMI No. 1999-058-058

Dear Mr. Edwards:

On Wednesday, June 8, 2011 bids were received and opened for the above referenced project. Ten (10)

contractors were prequalified to bid the project but only three (3) bids were received by the City.

Review of the three (3) bid submittals with regards to bid specifications submittal requirements has resulted

in the finding that two (2) of the bid submittals were incomplete. G & H Underground Construction, Inc.

failed to submit a W-9 Form and C & S Technical Resources, Inc. failed to submit Section 00301-D, entitled,

"Bid Award Notice Form". It was also determined after checking the G & H Underground Construction, Inc.

bid that they had incorrectly stated their Total Base Bid Amount as $525,000.00 when it turned out to be

$532,515.00.

It is recommended that the City of Jacksonville Beach waive the requirement of having the contractors

provide these two particular forms at the time the bids were received and allow both contractors to submit

these forms prior to issuance of a formal contract.

After having stated the above facts, the three (3) bid submittals were evaluated and ranked in order as shown

on the attached Bid Tabulation Sheet.

As a result of the bid evaluation and subject to available funding, it is recommended that the City of

Jacksonville Beach award the entire project (Item Numbers 1 thru 33) in the accumulative dollar amount of

$532,515.00, to the lowest responsive, responsible, and qualified bidder, G & H Underground Construction,

Inc.

A copy of our proposed Scope of Services & Fee Proposal covering construction administration & inspection

services is attached per your request.

~hQ u have any further questions pertaining to this matter, please feel free to contact me at your , .iconvel11 nce.

( v~, :;~,r::/ )h-{'

\$ '" lWAlTZ,~, I

W AITZ & MOYE, INC.

Enclosure: As Stated Above

3738 SOUTHSIDE BOULEVARD, SUITE 101 • JACKSONVILLE, FL 32216 • (904) 642-8311 • FAX (904) 642-8336

http:532,515.00http:532,515.00http:525,000.00

REMOVE AND REPLACE EXIST.

LIMITS OF ASPHALT MIAMI CURB & GUTTER.

REPLACEMENT, 10th AVE.~

~ ~

LIMITS OF ASPHALT REMOVE AND REPLACE EXIST.REPLACEMENT, 4th ST. MIAMI CURB & GUTTER.

¢

¢

4th STREET S.

CONSTRUCT NEW CURB INLET

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LEGEND o

~ NEW ASPHALT PAVEMENT

FLOW METER ) n I~

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• MODIFlED) x ~-NEW CURB INLET NEW'1000~

FUEL TANK ./

SCALE Ohm 1/19/llJ lIMODlFICA TJONS TO LTFTCITY OF .JACKSONVILLE BEACH~ FLORIDA DJtA\'t;'N BY: ASC Cl,..-VJS)'; STKDON NO.3 A.PPtt\"'D.DY,DEPART1'vLENT OF PUBLIC "\X7C>R.I

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SCOPE OF SERVICES CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES

LIFT STATION #3 IMPROVEMENTS

CITY OF JACKSONVILLE BEACH, FLORIDA

WMI #1999-058-058

JUNE 15, 2011

WAlTZ & MOVE INC. will provide Construction Administration and Inspection services for the of the above referenced Improvements as represented in the Engineering plans Specifications and Contract Documents dated April 2011 consisting of the following general services:

• Review and Approval of Shop Drawings and distribution to City and Contractor

• Periodic witnessing of Testing, Critical Tie-Ins & On-Site Inspections including Electrical Subcontractor Time

• Review and Approval of Contractor Pay Requests

• Processing of Any Required Change Order Requests

• Review of "As Built" Drawings Submitted by Contractor

• Attendance at Any Required Coordination Meetings

• Pump Performance Testing & Coordination of Pumping & Bypassing

• Coordination/Review of Testing & Televising Mains

• Final Walk Through and Project Closeout

• Project Certification to Approving Agencies and "As Builts" to City

• Coordination of "As-Built" plans from Contractor for submission to City

• Provide Plans to Contractor and CADD Disk for "As Built" Preparation

• Provide City with "As-Built" plans prepared by Contractor and reviewed by Engineer

• Conflict Resolution

.,/

;bur Fee for the aforementioned se~vices will be a Lump Sum of $26,625.00

3738 Southside Boulevard, Suite 101, Jacksonville, FL 32216 (904) 642-8311 Fox (904) 642-8336

I

http:26,625.00

City of Jacksonville Beach Public Fl70rks Department

1460A Shetter Avenue, Jacksonville Beach, Florida 32250 (904)247-62 19

July 25, 2011

TO: George Forbes, City Manager

FROM: Ty Edwards, Public Works

SUBJECT: Resolution No. 1880-2011, Authorizing the Reimbursement Agreement with the Florida Department ofTransp0l1ation (FOOD for FOOT Funding Pm1icipation in the City Repair of the Failed Bulkhead Next to the N0l1hcast Side of the Beach Boulevard Bridge

ACTION REQUESTED:

Adopt Resolution 1880-2011 authorizing the Mayor and City Manager to execute the Reimbursement Agreement with the State of Florida Department ofTransportation (FOOT) for FOOT funding participation in the City'S repair of the failed bulkhead next to the n0l1heast side of the Beach Boulevard Bridge.

BACKGROUND:

At its 4118/2011 meeting, the Council authorized the City to repair a 2nd failed p011ion of the bulkhead next to the northeast side of the Beach Boulevard Bridge. (The 1 sl failure was repaired in the summer of2010.) Council authorized the remaining portion of the bulkhead on the n0l1heast side of the Beach Boulevard Bridge to be cut and repaired in pru1icipation with the Jacksonville Transp0l1ation Authority's contract with Hal Jones Contractor, Inc., at a lump sum cost of$115,853, plus a 10% contingency, for a total cost not to exceed $127,438. (See attached overview photos.)

Subsequently, the City continued pursuing funding participation from the Florida Depm1ment of Transp0l1ation (FDOT) prior to initiating the repair because FDOT, as well as the City, has adjacent infrastructure that might be undermined and damaged by the increased potential of erosion due to the failed bulkhead. For this reason, the FDOT agreed to pm1icipate to provide better protection to its adjacent service road. The FDOT participation is at the amount of $40,000 as reimbursement to the City after the repair work is completed.

RECOMMENDATION:

Adopt Resolution 1880-2011 authorizing the Mayor and the City Manager to execute a Reimbursement Agreement with the State of Florida Department ofTransportation, for the City repair of the failed bulkhead next to the northeast side of the Beach Boulevard Bridge.

Section Repaired in the

Summer of 2010

GROUND VIEW looking WEST

Repair to include installation ofa short N-S retaining wall to more securely tie in bulkhead corner to rip-rap to be installed

Easterly Repair Start Point is just Westerly Repair Start Point is tie-in with repair done in the Summer ofwest of Beach Marine walkway to

floating docks 2010.

Introduced by: _________ Adopted: ___________

RESOLUTION NO. 1880-2011

A RESOLUTION APPROVING THE REIMBURSEMENT AGREEMENT (FIN # 430923-1-58-01) BETWEEN THE CITY OF JACKSONVILLE BEACH AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE DEPARTMENT'S PARTICIPATION IN THE REPAIR BY THE CITY OF THE FAILED BULKHEAD ON THE NORTHEAST SIDE OF THE BEACH BOlfLEV ARD BRIDGE

WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as the ("FDOT"), owns adjacent right-of-way to a section of failed bulkhead on the northeast side of the Beach Boulevard Bridge, wherein there is a recently reconstructed FDOT service road adjacent to a failed bulkhead area; and,

WHEREAS, the City of Jacksonville Beach, hereinafter referred to as ("CITY"), proposes to repair the failed bulkhead on the northeast side of the Beach Boulevard Bridge to stabilize the ground where there is adjacent CITY infrastructure, to wit a water main and thus better protect the CITY infrastructure; and,

WHEREAS, the CITY repair of the failed bulkhead will also better protect the FDOT service road adjacent to the failed bulkhead; and,

WHEREAS, the CITY requested, and the FDOT agreed, that the FDOT participate in the funding of this repair; and,

WHEREAS, the FDOT agrees to participate in the lump sum amount of forty thousand dollars ($40,000) as a reimbursement after the bulkhead repair is completed by the CITY; and,

WHEREAS, it is in the best interests of the FDOT and the CITY to participate together in the funding of this repair to the failed bulkhead in order to better protect FDOT and CITY infrastructure; and,

WHEREAS, in order for the FDOT reimbursement to be finalized, it is necessary for the CITY and FDOT to enter into a Reimbursement Agreement titled State of Florida Department of Transportation Reimbursement Agreement (Financial Project ID # 430923-158-01 for Roadway/Slope Repair at the B.B. McCormick Bridge on SR 212IBeach Boulevard in Jacksonville Beach, Florida), hereinafter referred to as ("the AGREEMENT")

Resolution. No. 1880-2011 Page 1 of2

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE BEACH, FLORIDA:

SECTION 1. The above recitals are true and correct and incorporated herein.

SECTION 2. The Mayor and the City Manager of the CITY are hereby authorized to execute the AGREEMENT with FDOT.

SECTION 3. The executed AGREEMENT, along with a certified copy of this Resolution, shall be delivered forthwith to the FDOT.

SECTION 4. This Resolution shall take effect upon its adoption.

DONE IN OPEN MEETING this __ Day of ___, A.D., 2011

Fland O. Sharp, MAYOR

Judy Bullock, ACTING CITY CLERK

Resolution. No. 1880-2011 Page 2 of2

Financial Project ID: 430923-1-58-01

REIMBURSEMENT AGREEMENT

This Reimbursement Agreement ("Agreement") is made and entered into by and between the State of Florida Department of Transportation ("Department") , and the City of Jacksonville Beach hereinafter referred to as the "Agency".

-RECITALS

A. The parties mutually agree that it is in their mutual best interest to facilitate the Roadway/Slope Repair at the B.B. McCormick Bridge on SR 212/Beach Boulevard in JacksonVille Beach, Florida, hereinafter referred to as the "Project", and more specifically described in Exhibit A (Scope of Services);

B. The Department shall fund a portion of the Project; and

c. The Department's ability to fund the Project is wholly contingent on appropriation of funds to the Department; and

D. The Agency shall construct the Project; and

E. The Agency, by Resolution No. a copy of which is attached hereto as and 1 made a part hereof, has authorized its officers to execute this Agreement on its behalf; and

NOW THEREFORE, with full knowledge and understanding of the laws governing the subject matter of this Agreement, and in consideration of the foregoing recitals and the mutual covenants and conditions contained in this Agreement, the parties, intending to be legally bound hereby, acknowledge and agree as follows:

ATTACHMENTS: Exhibit(s) A, B, E, F & 1 are attached and made a part hereof.

1. RECITALS AND EXHIBITS The recitals set forth above and Exhibits attached hereto are specifically incorporated herein by reference and made part of this Agreement.

2. EFFECTIVE DATE The effective date of this Agreement shall be the date the last of the parties to be charged executes the Agreement.

3. TERM The Agency agrees to complete the Project on or before June 30, 2012. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department.

4. E-VERIFY The Agency (A) shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and (B) 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 term.

5. COMPLIANCE

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The Agency shall perform the Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions hereof and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards, specifications and permits, as the same may be constituted and amended from time to time, including, without limitation, those of the Department, Water Management District with requisite jurisdiction, Florida Department of Environmental Protection, Environmental Protection Agency, Army Corps of Engineers, United States Coast Guard and local governmental entities ("Governmental Law").

6. PERMITS In the performance of the Agreement the Agency may be required to obtain one or more Department permits which may include copies of the Agreement as an exhibit. Notwithstanding the inclusion or incorporation of the Agreement as part of any such Department permits, the Agreement shall remain separate and apart from such permits and shall not be merged into the same absent the prior written express consent of the Department. Should any term or provision of the Agreement conflict with any term, provision or requirement of any Department permit, the terms and provisions of the Agreement shall control unless specifically noted otherwise in any such Department permit. For purposes of this Agreement, the term "permit" shall also include the Department's Construction Agreement which may be required for permanent improvements installed within the Department's right-of-way.

7. CONSTRUCTION The Agency shall provide the Department with a minimum of seventy-two (72) hours prior written notice of its intent to commence construction of the Project.

8. MAINTENANCE AND REPAIR Nothing in this Agreement shall obligate the Department to maintain or repair the Project.

9. PRO...IECT FUNDING AND AUDITS A. The total Department funds available for this Project shall not exceed $40,000.00. The Agency agrees to bear all expenses in excess of the Department's maximum participation of $40,000.00, as outlined in Exhibit B (Schedule of Funding) & Exhibit F (Standard Financial Provisions), and any deficits involved.

B. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Recipients of federal and state funds are to have audits done annually using the following criteria:

1. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding state agency, as outlined in Exhibit 1, attached hereto.

2. In the event that a recipient expends five hundred thousand and no/100 dollars ($500,000.00) or more in State awards during its fiscal year, the recipient must have a state single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General.

3. If a recipient expends less than five hundred thousand and no/100 dollars ($500,000.00) in State awards during its fiscal year, an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General is not required. If a reCipient expends less than five hundred thousand and no/100 dollars ($500,000.00) in State awards during its fiscal year and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General, the cost of the audit must be paid from non-State funds.

4. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This

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http:500,000.00http:500,000.00http:500,000.00http:40,000.00http:40,000.00

section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official.

5. Reporting Packages and management letters generated from audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General shall be submitted to the awarding Department office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate Department office no later than 9 months after the end of the recipient's fiscal year.

6. The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required . Current year audit findings require corrective action and status of finding.

7. Project records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved . Access to project records and audit work papers shall be given to the Department, the Office of the Comptroller, and the Office of the Auditor General.

8. The recipient shall submit required audit documentation as follows:

A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General shall be sent to:

Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450

The Department at the following address:

Department of Transportation District PLEMO Office - MS 2014 Attn: Kim Evans, District JPAlLAP Coordinator 1109 South Marion Avenue Lake City, Florida 32052

10. VENDOR'S RIGHTS A. Agencies providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved.

B. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency 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 the Department.

C. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractor/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 4135516.

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11. PLACEMENT ON CONVICTED VENDOR LIST A person or affiliate who has been placed on the 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 in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

12. COMPLETION OF THE PROJECT A. If the Agency abandons or, before completion, discontinues the Project, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement.

B. Upon final payment to the contractor for the entire Project, the Agency shall, within one hundred eighty (180) days, furnish the Department with two (2) copies of its final and complete billing of all cost incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of items contained in the job estimate. The final billing shall show the description and site of the Project; the date on which the first work was performed or the date on which the earliest items of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where records and accounts billed can be audited. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, or the contractor and all subcontractors performing work on the Project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. Exhibit E (Certification of Completion) shall be signed by the Agency and returned to the Department upon completion of the Project.

13. CONTRACTING WITH THIRD PARTIES Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract with any third party with respect to the Project or obligate itself in any manner requiring the disbursement of Department funds without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any contractor and to approve or disapprove the employment of the same.

14. ACCESS TO RECORDS A. The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement.

B. The Agency shall make the project records available to the Department for inspection and shall require its consultants to permit the Department's authorized representatives to inspect all work, payrolls, records, and to audit the books, records and accounts pertaining to the financing, development and construction of the Project.

15. COMPLIANCE WITH ENVIRONMENTAL REGULATIONS Execution of this Agreement constitutes a certification by the Agency that the Project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connections therewith.

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16. IMPROVEMENTS & MODIFICATIONS (The Department's Standard Language Paragraph 17 titled IMPROVEMENTS & MODIFICA TlONS is excluded in its entirety from this Agreement.)

17. UTILITIES The Agency shall be responsible for locating, removing and relocating utilities, both aerial and underground, if required for the Agency to perform this Agreement. All utility conflicts shall be resolved by the Agency directly with the applicable utility.

18. MAINTENANCE OF TRAFFIC The Agency shall be responsible for the maintenance of traffic ("MOT") at all times during its performance of this Agreement. MOT shall be performed in accordance with applicable Governmental Law and the most current edition of each of the following, as the same may be constituted and amended from time to time, all of which are incorporated herein and made part of the Agreement by reference: (1) Section 102 of the Department's Standard Specifications for Road and Bridge Construction; (2) the Manual on Uniform Traffic Control Devices; and (3) the Department's Roadway Design Standards Index 600 Series.

19. PERMISSIVE USE This Agreement creates a permissive use only and neither the granting of permission to use the Department's Property, nor construction of the Project on or within the Property shall operate to create or vest any property right to or in the Agency. The Agency shall not acquire any right, title, interest or estate in the Department's Property by virtue of the execution, operation, effect or performance of this Agreement.

20. EMINENT DOMAIN AND DAMAGES Under no circumstances shall the Department's exercise of any right provided in this Agreement create any right, title, interest or estate entitling the Agency to full and just compensation from the Department either through inverse condemnation or eminent domain laws or any similar laws regarding the taking of property for public purposes. The Agency forever waives and relinquishes all legal rights and monetary claims which it has, or which may arise in the future, for compensation or damages, including, without limitation, special damages, severance damages, removal costs, and loss of business profits resulting in any manner from the Department's exercise of any right provided in this Agreement. This waiver and relinquishment specifically includes all damages flowing from adjacent properties owned, leased or otherwise controlled by the Agency, as a result of the Department's exercise of any right provided in this Agreement.

21. DUE DILIGENCE & WARRANTIES A. All due diligence requirements related to the Agency's negotiation, execution and performance of this Agreement are the sole responsibility of the Agency.

B. The Department makes no representations or warranties of any kind, express or implied, concerning the Property, including, without limitation, representations and warranties concerning : (1) the physical condition of the Property; and (2) merchantability or fitness for a particular purpose.

22. PAYMENT (The Department's Standard Language Paragraph 24 titled PAYMENT is excluded in its entirety from this Agreement.)

23. INDEMNIFICATION A. The Agency shall promptly defend, indemnify, hold the Department harmless from and pay all demands, claims, judgments, liabilities, damages, fines, fees, taxes, assessments, costs, losses, penalties, construction delay costs / penalties, expenses, attorneys' fees and suits of any nature or kind whatsoever caused by, arising out of or related to the Agency's performance, or breach, of this Agreement ("Liabilities"). The term "Liabilities" shall also specifically include all civil and criminal environmental liability arising, directly or indirectly under any Governmental Law, including, without limitation, liability under the Resource Conservation and Recovery Act ("RCRA"), the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Clean Air Act ("CM") and the Clean Water Act ("CWA"). The Agency's duty to defend, indemnify and hold the Department harmless specifically does not encompass indemnifying the Department for its negligence, intentional or wrongful acts, omissions or breach of contract.

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B. The Agency shall notify the Department in writing immediately upon becoming aware of any Liabilities. The Agency's obligation to defend, indemnify and hold the Department harmless from any Liabilities, or at the Department's option to participate and associate with the Department in the defense and trial of any Liabilities, including any related settlement negotiations, shall be triggered by the Department's written notice of claim for indemnification to the Agency. The Agency's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of the provisions of this paragraph .

24. SOVEREIGN IMMUNITY & LIMITATION OF LIABILITY Nothing in this Agreement shall be deemed or otherwise interpreted as waiving either party's sovereign immunity protections, or as increasing the limits of liability set forth in §768.28, Florida Statutes, as the same may be amended from time to time.

25. NOTICE All notices, communications and determinations between the parties hereto and those required by the Agreement, including, without limitation, changes to the notification addresses set forth below, shall be in writing and shall be sufficient if mailed by regular United States Mail, postage prepaid, to the parties at the following addresses:

Department: Florida Department of Transportation Attention: Mr. Jordan L. Green 1109 South Marion Avenue Lake City, FL 32025

Agency: City of Jacksonville Beach Attention: Mr. Ty Edwards, Public Works Director 1460-A Shetter Avenue - Second Floor Jacksonville Beach, FL 32250

26. GOVERNING LAW This Agreement shall be governed in all respect by the laws of the State of Florida.

27. INITIAL DETERMINATION OF DISPUTES

The Department's District Two Secretary ("District Secretary") shall act as the initial arbiter of all questions,

difficulties, and disputes concerning the interpretation, validity, performance or breach of the Agreement.

28. VENUE AND JURISDICTION A. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of the Agreement that are not resolved to the mutual satisfaction of the parties by the Department's District Secretary shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida.

B. The Agency and all persons and entities accepting an assignment of this Agreement, in whole or in part, shall be deemed as having consented to personal jurisdiction in the State of Florida and as having forever waived and relinquished all personal jurisdiction defenses with respect to any proceeding related to the interpretation, validity, performance or breach of this Agreement.

29. JURY TRIAL The parties hereby waive the right to trial by jury of any dispute concerning the interpretation, validity, performance or breach of the Agreement, including, without limitation, damages allegedly flowing therefrom.

30. ASSIGNMENT The Agency shall not assign, pledge or transfer any of the rights, duties and obligations provided in this Agreement without the prior written consent of the Department's District Secretary or his/her designee. The Department has the sole discretion and authority to grant or deny proposed assignments of this Agreement, with or without cause. Nothing herein shall prevent the Agency from delegating its duties hereunder, but such delegation shall not release the Agency from its obligation to perform the Agreement.

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31. THIRD PARTY BENEFICIARIES

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective

successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits,

obligations or remedies upon any other person or entity except as expressly provided for herein .

32. VOLUNTARY EXECUTION OF AGREEMENT

Each party warrants and represents to the other: (i) that it understands all of the rights and obligations set

forth in the Agreement and the Agreement accurately reflects the desires of said party; (ii) each provision of

the Agreement has been negotiated fairly at arm's length; (iii) it fully understands the advantages and

disadvantages of the Agreement and executes the Agreement freely and voluntarily of its own accord and

not as a result of any duress, coercion, or undue influence; and (iv) it had the opportunity to have

independent legal advice by counsel of its own choosing in the negotiation and execution of the Agreement.

33. ENTIRE AGREEMENT

This instrument, together with any exhibits and documents made part hereof by reference , contains the

entire agreement of the parties and no representations or promises have been made except those that are

specifically set out in the Agreement. All prior and contemporaneous conversations, negotiations, possible

and alleged agreements and representations, covenants, and warranties with respect to the subject matter of

the Agreement, and any part hereof, are waived, merged herein and superseded hereby.

34. EXECUTION OF DOCUMENTS

The parties agree that they shall promptly execute and deliver to the other all documents necessary to

accomplish the intent and purpose of the Agreement and shall do all other acts to effectuate the Agreement.

35. SUFFICIENCY OF CONSIDERATION

By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of

consideration provided in the Agreement and forever waive the right to object to or otherwise challenge the

same.

36. WAIVER

The failure of either party to insist on the strict performance or compliance with any term or provision of the

Agreement on one or more occasions shall not constitute a waiver or relinquishment thereof and all such

terms and provisions shall remain in full force and effect unless waived or relinquished in writing .

37. INTERPRETATION

No term or provision of the Agreement shall be interpreted for or against any party because that party or that

party's legal representative drafted the provision.

38. CAPTIONS

Paragraph title or captions contained herein are inserted as a matter of convenience and reference and in no

way define, limit, extend or describe the scope of the Agreement, or any provision hereof.

39. SEVERANCE

If any section, paragraph, clause or provision of the Agreement is adjudged by a court, agency or authority of

competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of the Agreement

shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of

the Agreement remain enforceable.

40. COMPUTATION OF TIME

In computing any period of time prescribed in the Agreement, the day of the act, event or default from which

the designated period of time begins to run, shall not be included. The last day of the period shall be included

unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next

day which is not a Saturday, Sunday or legal holiday.

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41. MODIFICATION OF AGREEMENT A modification or waiver of any of the provisions of the Agreement shall be effective only if made in writing and executed with the same formality as the Agreement.

42. ANNUAL APPROPRIATION I FUNDING Pursuant to §339.1365(6)(a), Florida Statutes, the Department's obligation to fund construction of the Project is contingent upon annual appropriation by the Florida Legislature. This Agreement may be terminated by the Department without liability to the Agency if sufficient funds are not appropriated to the Department. The provisions of §339.135(6)(a), Florida Statutes, are set forth herein verbatim and made part of this Agreement, to wit:

"The department, 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 is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the department 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 fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year."

INTENTIONALLY LEFT BLANK

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-----------------

Financial Project No.: 430923-1-58-01 Catalog of State Financial Assistance No.: 55.023

IN WITNESS WHEREOF, the Agency has caused this Agreement to be executed in its behalf this ______ day of , , by the Mayor and City Manager of the City of Jacksonville Beach, authorized to enter into and execute same by Resolution Number of the City Council of the City of Jacksonville Beach on the day of , , and the Department has executed this Agreement through its District Secretary for District Two, Florida Department of Transportation, this day of _____________

CITY OF JACKSONIVLLE BEACH, FLORIDA

ATTEST: (SEAL) BY: ACTING CITY CLERK MAYOR

BY: CITY MANAGER

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

ATTEST: (SEAL) BY: EXECUTIVE SECRETARY DISTRICT SECRETARY

DISTRICT TWO

Legal Review:

GENERAL COUNSEL DISTRICT TWO

Availability of Funds Approval :

(Date)

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Financial Project I D: 430923-1-58-01

EXHIBIT A

SCOPE OF SERVICES

This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida Department of

Transportation and the City of Jacksonville Beach, Florida, dated __________

PROJECT LOCATION:

The project is located on SR 212/Beach Boulevard in Duval County, Florida.

PROJECT DESCRIPTION:

The project consists of the Roadway/Slope Repair at the B.B. McCormick Bridge on SR 212/Beach Boulevard in Jacksonville Beach, Duval County, Florida.

Project consists of providing all resources (labor, material and equipment) to accomplish:

1. Mobilization, demobilization, and maintenance of traffic as necessary.

2. Cut off the failed bulkhead sheet pile at the low water line and dispose of the debris.

3. Grade the bank to the necessary slope, haul off excavation, install filter fabric and place bank and shore rip-rap material.

4. At the easterly end of the project area, drive sheet pile perpendicular to the existing bulkhead as a termination wall. Tie the old sheet pile to this new wall . Pour a new concrete cap on the new wall and tie it into the old sheet pile cap.

5. Drive timber piles for boat warning sign posts.

6. Remove a portion of existing guardrail with termination. Install/reinstall guardrail with termination.

AGENCY RESPONSIBLITIES:

- The Agency provided a copy of its repair plan for Department's review and with execution of this Agreement the Department gives its approval.

- The Agency is required to coordinate permitting with the Department.

-The Agency repair plan includes participation in an existing Jacksonville Transportation Authority contract, utilizing the

Authority's contractor on this Project, and with execution of this Agreement the Department gives its approval to this third

party contracting.

- The Agency shall commence the PROJECT activities subsequent to the execution of this Agreement and shall perform

in accordance with the following schedule:

a) Construction to be completed on or before June 30, 2012.

If this schedule cannot be adhered to, notify the Department, in writing, with a revised schedule or the Project is subject

to the withdrawal of Department funding.

SPECIAL CONSIDERATIONS BY DEPARTMENT:

The following conditions would warrant an administrative action by the Department which may result in termination and closure of the grant award:

• No invoice activity for 6 months, or • No contract activity for 18 months.

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STATE OF FLORIDA DEPARTMENT OF

TRANSPORTATION

REIMBURSEMENT AGREEMENT

SCHEDULE OF FUNDING

EXHIBIT B

Financial Project 10: 430923·1·58·01

Contract Number:

PROJECT DESCRIPTION

Name: Roadway/Slope Repair along SR 212/Beach Boulevard at the B.B. McCormick Bridge. Length N/A

Termini: Along SR 212/Beach Boulevard at the B.B. McCormick Bridge

Description of Work: Roadway/Slope Repair consisting of bulkhead wall modification, bank and shore placement, guardrail and other

activities necessary to complete the project.

TYPE OF WORK

By Fiscal Year

Design

2011·2012

2012·2013

2013·2014

2014·2015

2015·2016

2016-2017

Total Design Cost

Right of Way

2011-2012

2012·2013

2013·2014

2014-2015

2015-2016

2016-2017

Total Right of Way Cost

Construction

2011·2012

2012·2013

2013-2014

2014·2015

2015-2016

2016-2017

Total Construction Costs

Construction Engineering and Inspection

2011·2012

2012-2013

2013-2014

2014-2015

2015-2016

2016-2017

Total CEI Costs

Total Cost of Project

(1 ) (2) (3)TOTAL STATE & AGENCY

PROJECT ESTIMATE FEDERAL FUNDS FUNDSFUNDS (100%) (0) (100%)

~127,438.00 ~87,438.00 ~40,000.00

$~O 000 00 $12l ~38 00 $8l ~38 00

$8l 438 00 $4000000$12Z438 00

The Department s fiscal year begms on July 1. For this proJect, funds are not projected to be available until after July 1 st each fiscal year. The Department will notify the Agency, in writing, when funds are available.

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Exhibit E

Certification of Completion

STATE OF F\.ORIDA DEPARTMENT OF TRANSPORTATION 375·~·4II·25

CERTIFICATION OF COMPLETION AGREEMENT PROCUREMENT QGC·OSl02

Contract No.

Financial Project LD.

Vendor No.

Procurement No.

OMS Catalog Class No.

THIS CERTIFICATION OF COMPLETION AGREEMENT. made and entered into this day of (This d3le to be entered by DOT only)

. by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an agency of the State of Florida. hereinafter called the "Department," and

of dUly alrthorized to conduct business In the State of Florida. hereinaner called the "Consultant."

WITNESSETH:

WHEREAS, the Department and the Consultant heretofore on

entered Into an Agreement wtlereby the Department retained tile Consultant to furnish certain services in connection with

________________________________________________________________________________________________ ;and

WHEREAS. the services which the Consultant agreed to furnish are 100% complete, for which the Consultant is

entitled to a fee of S detailed as follows:

and;

WHEREAS, there has been previously paid to the Consultant under the terms of said Agreement the sum of

s

o Leaving a balance of $ still due and payable to the Consultant by the Department; o Leaving an overpayment of $ due and payable to the Department by the Consultant;

NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Consultant. does hereby agree with the Department to the completion of the Agreement dated . and all amendments and supplemental agreements thereto,

except for those provisions wherein the Consultant agrees to protect, Indemnify. defend. save. and hOld harmless the Department from all claims. demands or liabilities Which may arise out of or because of sald Agreement. wtlich proviSions will remain In full force and effect The Consultant agrees that the amount to be paid Is the final payment due for services rendered pursuant to the Agreement.

IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed. the Clay and year first abOve written.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

Name of Consultant

BY: BY:

Authorized Signature

(PrinVType) (PrinVType)

Title: Title:

Contracting Office Approval:

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Exhibit F Standard Financial Provisions

1. The Department agrees to pay the City of Jacksonville Beach for the herein described services at compensation as detailed in this Agreement

2. The Participant shall furnish the services with which to construct the Project Said Project consists of Roadway/Slope Repair in Duval County. Florida.

3. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044(29}, F.S., or by the Department of Financial Services under Section 215.422(14}, F.S.

4. The Participant shall provide the following quantifiable, measurable and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. Said deliverables consists of Roadway/Slope Repair consisting of bulkhead wall modification, bank and shore placement, guardrail and other activities necessary to complete the project

5. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Section 4 above, and must be received and accepted in writing by the Contract Manager prior to payments.

6. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Travel Form No. 300-000-01 and will be paid in accordance with Section 112.061, F.S.

7. Participants providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received , inspected, and approved.

8. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1}, F.S., will be due and payable, in addition to the invoice amount, to the Participant Interest penalties of less than one (1) dollar will not be enforced unless the Participant requests payment Invoices that have to be returned to a Participant because of Participant 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 the Department

9. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Participants who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.

10. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs.

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11. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than 1 year, the provisions of Section 339. 135(6)(a), F.S., are hereby incorporated:

"The Department, 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 is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such 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 fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature.

INTENTIONALLY LEFT BLANK

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EXHIBIT 1

STATE AGENCY: FOOT

CSFA #: 55.023

TITLE: State Highway Project Reimbursement (RBA)

AMOUNT: $40,000.00

COMPLIANCE REQUIREMENTS:

Allowed Activities:

Project costs must be incurred subsequent to agreement execution (contract provision). Project scope of services identifies the types of work that are eligible for reimbursement (contract provision).

Allowable Cost:

Identified in the contract document up to a lump sum or maximum limiting amount.

Eligibility:

Project must be on the State Highway System.

Matching:

Not applicable.

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City of Jacksonville Beach Offi e of the City Clerk

July 22,2011

MEMORANDUM

TO: The Honorable Mayor and Members of the City Council

FROM: Judy L. Bullock, Acting City Clerk

SUBJECT: Ordinance No. 2011-8000 Amending Chapter 15, Licenses, Code ofOrdinances

ACTION REQUESTED:

Approval of amendments to Chapter 15, Licenses, in accordance with Florida Statutes, Chapter 205, amending the term occupational license to local business tax receipt, and clarification of certain business descriptions.

BACKGROUND:

Florida Statutes, Chapter 205, was amended in 2007, to change the term 'local occupational license tax' to 'local business tax' and defining the term 'receipt' as it relates to business taxes, in place of the term 'occupational license'. The legislature's intent in changing the term was a measure to eliminate fraudulent misrepresentations made to consumers by using the 'occupational license' as proof of competency to perform various repairs and services. This change took effect January 1,2007.

For the above reason an ordinance was prepared that will:

• change the wording 'occupational license' to 'local business tax receipt', shown by strike-outs and underlines (license, receipt)

• clarify certain business classification codes to reflect the current business descriptions

There are no increases to the business tax.

RECOMlVIENDATION:

Adopt Ordinance No. 2011-8000 amending Chapter 15, Licenses, of the Jacksonville Beach Code of Ordinances.

JLBI njp

II North Thi rd Street, Jacksonvi lle Beach, Florida 31250 Q04-2 4 7 -h2 YLJ www.jacksonvillcheach .org

http:www.jacksonvillcheach.org

Introduced by: Councilmember Christian

15t Reading: August 1, 2011 2nd Reading: ___________

ORDINANCE NO: 2011-8000

AN ORDINANCE TO AMEND CHAPTER 15, LICENSES, OF THE CODE OF ORDINANCES FOR THE IN CORPORA TED AREA OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, IN ACCORDANCE WITH CHAPTER 205, FLORIDA STA TUTES, BY AMENDING THE TERM OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX RECEIPT, AND CLARIFICATION OF CERTAIN BUSINESS DESCRIPTIONS, REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF JACKSONVILLE BEACH, FLORIDA:

SECTION 1. That Chapter 15, Licenses is hereby amended to read as follows:

Chapter 15 Lieenses Local Business Tax Receipts

Sec. 15-1. - Definitions.

For this chapter the following definitions shall prevail:

Apartment house shall mean any building or part of it where separate accommodations for more than two (2) families living independently of each other are supplied to transient or permanent guests or tenants.

Arcade shall mean a business at which fifteen (15) or more amusement machines are located.

Amusement machine shall mean a machine, particularly of the pinball or marble type, which is set in motion or made or permitted to function by the insertion of a coin, slug or token including coin-operated video games/machines.

Building contractor means those contractors whose services are limited to construction of commercial buildings and single or multiple-family residential buildings, neither to exceed three (3) stories in height, and accessory use structures in connection with it, or those whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. This classification requires a Florida Construction Industry Licensing Board certificate or license.

Business, profession or occupation does not include the customary religious, charitable, or educational activities of nonprofit religious, nonprofit charitable, and nonprofit educational institutions within the city, which institutions are more particularly defined as follows:

Ordinance No. 2011-8000 Page 1 of28

(1) Religious institutions means churches and ecclesiastical or denominational organizations or established physical places of worship in the city at which nonprofit religious services and activities are regularly conducted, and also means church cemeteries.

(2) Educational institutions means state tax-supported or parochial, church and nonprofit private schools, colleges, or universities conducting regular classes or courses of study required for accreditation by or membership in the Southern Association of Colleges and Schools, the Department of Education, or the Florida Council of Independent Schools. Nonprofit libraries, art galleries, and museums open to the public are defined as educational institutions and eligible for exemption.

(3) Charitable institutions means only nonprofit corporations operating physical facilities in the city at which are provided charitable services, a reasonable percentage of which are without cost to those unable to pay.

Contraclor means, except those who may be herein exempted, any person who, for compensation, undertakes to, or submits a bid to, or does himself or by others, construct, repair, alter, remodel, add to, subtract from, improve any building or structure, including related improvements to real estate for others, or for resale to others, and who is responsible for substantially the entire project; however, a "contractor" shall subcontract the electrical, mechanical, and plumbing work for which an examination for a certificate and/or a license is required, [unless such contractor holds a certificate of competency and/or license] of the respective trade category. Upon request of the city clerk, building official, or codes enforcement person, any employer or contractor shall furnish to the city, in writing, the license status of all the various occupations or trades being performed on any job that is supervised directly or indirectly by said employer or contractor. This statement shall include all information deemed necessary to clearly establish the status of each employee in question by showing social security and withholding status. In no event shall aH occupational license a business tax receipt issued under this chapter be construed to include the retail sale of conunodities, unless it is specifically stated in the schedule.

Council action shall mean that the city council shall act upon the application in a regular or special meeting before issuance of such license.

Deparlmenl slores shall be construed to mean those stores that carry or sell three (3) or more lines of goods, wares or merchandise subject to license under the provisions of ordinances of the city. All lines carried by, businesses conducted in, and departments of, such stores shall be licensed taxed under a department store license business tax receipt, provided that the business in connection therewith is conducted as a unit of the department store; provided, further, however, that a department store license tax receipt shall not cover or license the following businesses or occupations but the same shall be separately licensed taxed: Merchandise brokers, agents, undertakers, beauty parlors, barbershops, garages, filling stations, groceries, meat markets, wood yards, peddlers, ice manufacturers, ice depots, pawnshops, laundries, restaurants, theaters, florists, dealers in guns, pistols, Bowie knives, and other deadly weapons, drugs, liquors, automobiles, automobile tires, radios, refrigerators, hardware, electrical supplies, or cut flowers.

Distributor shall mean any person, firm or corporation who distributes, leases, rents out or places under any kind of arrangement whatsoever to any other person or location, any amusement or vending machines.


Floor space, for computing the occupational license fee local business tax, shall include the entire area of the establishment's operation, loading and storage space, halls, office, etc.

General contractor shall mean a contractor whose services are unlimited about the type of work that they may do. This classification requires a Florida Construction Industry Licensing Board certificate or license.

Grocery means an establishment or place of business selling food commodities at retail. For this schedule, a grocery may include meats, bakery goods, dairy products, produce, tobaccos, candies, soft drinks, and sundries generally related to the grocery line. It shall not be deemed to include wares or commodities such as drugs or hardware.

Handyman means an individual who engages in minor repairs of residential buildings only and in which there are no permit requirements to be met with the building department.

Heavy construction contractors means a contractor whose services include road building, paving and/or grading, bridges, bulkheads, seawalls, dams, culverts, heavy equipment rental, house moving, piling installation and construction of water mains, storm sewers, sanitary sewers, gas mains, underground cables, electric lines, telephone lines and telegraph lines.

Heavy construction specialty contractor means a contractor whose services may include anyone or more of the various categories of heavy construction itemized in the definition of a heavy construction contractor.

Hotel means every building or structure kept, maintained, advertised as, or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests, and having one or more dining rooms or cafes where meals or lunches are served to such transient or permanent guests, such sleeping accommodations and dining rooms or cafes being conducted in the same building or buildings in connection with it.

Occbtpationallice;"lse Local Business Tax Receipt means the method by which the city grants the privilege of engaging in or managing any business, profession, or occupation within its jurisdiction. It does not mean any fees for licenses paid to any board, commission, or officer for permits, registration, examination, or inspection. Unless otherwise provided by law, these are deemed to be regulatory and in addition to, but not in lieu of, any local occupational license fee business tax imposed.

Residential building contractor means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-, two-, or three-family unit residences not exceeding two (2) stories in height and accessory structures in connection therewith. This classification requires a Florida Construction Industry Licensing Board certificate or license.

Restaurant means every building or other structure and all outbuildings in connection and any rooms within any building or other structure or a place or location kept, used, maintained, advertised as, or held out to the public to be a place where meals, lunches, or sandwiches are prepared or served, either gratuitously or for pay.

Retail merchant shall mean any merchant who sells to the consumer or for any purpose other than resale except sales to manufacturers and sales to the state or federal goverrunent or any political subdivision or either shall be considered wholesale sales.


Rooming house shall mean every house, or any place or location kept, used, maintained as, advertised or held out to the public to be a place where living quarters, sleeping or housekeeping accommodations are supplied for pay to transient guests or tenants, whether in one or adjoining buildings.

Sleeping room shall mean all bedrooms, sleeping porches, and other rooms in a hotel, apartment house, tourist court, motel or rooming house that are held out [to] the public and advertised, however temporarily, as sleeping accommodations.

Tattoo parlors and/or body piercing salons shall mean an establislunent which engages in [the] permanently (permanent] defacing of the anatomy and/or a place (body piercing salon] where body piercing occurs.

Tourist court or motel shall mean an establislunent maintained and operated for the accommodation of the public at large, as a place of abode, either temporary or permanent.

Wholesale merchant shall mean any person who sells to another for the purpose of resale .

Vending machine shall mean (exclusive of coin-operated United States stamp vending machines, and telephones) a machine that vends wares or any merchandise by the insertion of a coin, slug or token.

(Ord. No. 94-7608, § 1,8-15-94; Ord. No. 95-7628, § 1,7-17-95; Ord. No. 2000-7793, § 1, 8-21-00)

Sec. 15-2. - Persons upon whom lieense business tax levied; lieense local business tax receipt required.

(a) Ail occupational license local business tax is hereby levied on:

(1) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business, profession or occupation within the city; and

(2) Any person who does not qualify under the provisions of subsection (a)(1) above and who transacts any business or engages in any occupation or profession in interstate corrunerce where such license tax is not prohibited by Section 8 of Article I of the United States Constitution.

(b) No person shall exercise the privilege of carrying on, engaging in or managing any business, profession, occupation or commercial activity for which a license local business tax receipt is required by this chapter or other applicable laws until such person shall have first procured a city occupation license local business tax receipt as provided for by this chapter, or any other applicable law or ordinance, which license local business tax receipt shall be issued to each person upon the receipt of the amount hereinafter provided, or as may be otherwi

CITY OF JACKSONVILLE BEACH · 1878-2011, which repeals Resolution No. 1841-2009 and adopts “The...

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